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Voir Dire
The University of Toronto Pre-Law Society Journal
RAWLS ON DISOBEDIENCE
Is stability a direct result of protest?
PORTRAIT OF ISLAM
Freedom of expression or
license for desecration?
Volume II · Issue iii
January – February 2006
Infringement Issue

VOLUME II · ISSUE iii
JANUARY – FEBRUARY 2006
Voir Dire
THE UNIVERSITY OF TORONTO PRE-LAW SOCIETY JOURNAL
LETTERS
Editor’s Note........................................................................................................................................................ 3
ACADEMIA
Should You Really Go To Law School?............................................................................................................ 3
CAREER
Not All Smooth Sailing: The Work Life of a Toronto Lawyer ..................................................................... 6
Think About Law: Kaplan Law Forum............................................................................................................ 7
INTELLECTUAL PROPERTY
Pharmaceutical Patents ...................................................................................................................................... 9
Precedent in American Copyright Law: Avoiding Trial? ........................................................................... 10
MIDDLE EAST
Portrait of Islam................................................................................................................................................. 11
SOCIETY
The Need for Civic Engagement..................................................................................................................... 12
What is the Role of Civil Disobedience in a Morally Secular Society? ...................................................... 14
Editor-in-Chief: REUBEN ZARAMIAN Assistant Editor: VANESSA QUATTROCIOCCHI
Layout Editor: TINA WONG
Founder & Directive Consultant: ANDREA WONG
Columnists: VIRGIL COJOCARU, ANDREW LUKASZEWICZ, VANESSA QUATTROCIOCCHI, TARA RAISSI,
CHRISTIAN THORNE, ANDREA WONG
Contributors: J.K. LEUNG, DWAYNE G. WHITE
Pre-Law Society President: GRACE PYUN
Photo Credits (II.iii): http://www.bigfoto.com/miscellaneous/photos-09/ (cover), Tina Wong (p. 5), Reuben Zaramian (p. 8),
http://www2.und.edu/our/photo/images/research/ (p. 9), http://www.dansdata.com/images/k271/k271_800.jpg (p. 10),
http://www.cbsnews.com/stories/2006/02/13/ap/world/mainD8FO80G01.shtml (p. 11), http://wvs.topleftpixel.com/ (p.13),
http://www.non-gm-farmers.com/news_details.asp?ID=2401 (p. 15).
Voir Dire [Old French] “to speak the truth”
Launched in April 2004 as the brainchild of Andrea Wong, Voir Dire serves as a medium for
promoting the knowledge, interest, and involvement of U of T students considering a future in the
field of law. Voir Dire is published in print and online four times throughout the academic year in
October, December, February and April. We are always looking for writers and contributors. For
details on joining our team and/or to submit an article, email the Editor at r.zaramian@utoronto.ca.
The views and opinions within do not necessarily reflect the views and opinions of the Voir Dire staff or
Pre-Law Society members.

EDITOR’S EDITOR’S NOTE
NOTE
LETTERS
W
here do we draw the line between freedom of speech and hate? While I doubt most applaud the actual content of
the recent Mohamed cartoons, I find myself in support of their publishers. Not because the cartoons propagate
blasphemy or hate, but simply because they serve as an exercise – and ultimately, a symbol – of one’s freedom of
speech. How the non-democratic world reacts to such freedoms has been made apparent, once again.
In light of this controversy, we tried to keep the theme of this issue along the lines of infringement. From patents to
copyrights, find within these pages various areas of the legal world in which the rights of companies and persons are
violated. Also find a look into the undemocratic desecration of natural liberty that the non-Western (read: Muslim) world has
embarked on. And think hard on what you give up when you limit your freedom.
Yours truly,
Reuben Zaramian
Editor-in-Chief
r.zaramian@utoronto.ca
Last time in Part 1 of my column, I discussed whether one
should really go to law school simply because he or she is unsure
of what to do after graduation, and law school seems like a good
option (“Should You Really Go To Law School? Part 1: I Don’t
Know What To Do After I Graduate” in the September-October
2005 issue). In this issue, I discuss another popular reason for
pursuing a law degree, and why it should not be a determining
factor in your decision to attend law school.
MANY STUDENTS CHOOSE to become a lawyer because of the
prestige associated with the profession. For some young
people, prestige may carry more weight than job
satisfaction when it comes to choosing their career. One
may argue that prestige leads to satisfaction. There is,
after all, an increasing body of evidence indicating that job
satisfaction is influenced by how highly others regard a
job. Unfortunately for the legal profession, the prestige of
lawyers in the eyes of the public has slipped to half of
what it used to be three decades ago. The 2004 Harris Poll
found that only 17% of people assign prestige to lawyers,
down from 36% in 1977. Nevertheless, there is no doubt
ACADEMIA
Should Should Should You You You Really Really Go Go To To Law Law Law Sc School? Sc hool?
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 1: I Want a Prestigious Career
By Andrea Wong
Fourth Year, Commerce & Finance
that lawyers (still among the top 15 prestigious occupations
in the Harris Poll) are held in high regard. As a former boss,
speaking from his own experience, one told me, even at the
bank people can be more respectful knowing that you are a
lawyer. I should add, however, that this boss is a “nonpracticing”
lawyer who decided to change careers after three
years of practice. Why? I remember him mentioning that, at
some point, you need to be satisfied.
That the prestige and monetary rewards associated with
being a lawyer are not enough to keep a person satisfied
seems to be the underlying message in a number of polls,
surveys, and studies conducted on the legal profession. A
1992 study by Ken Dau-Schmidt, Professor of Labour and
Employment Law at the Indiana University School of Law,
found that the highest-earning lawyers — those in large
private practices earning an average annual income of
$79,000 US after five years and $184,000 US after 15 years —
have the lowest average job satisfaction among all types of
lawyers. Among other occupations, lawyers were found to
have the highest rate of depression by a 1991 John Hopkins
University study of depression among 105 professions.
January-February 2006 Voir Dire 3

Even with these findings, it may still come as a surprise to
learn that a whopping 70% of lawyers would choose a
different career if starting over again, according to a 1993
poll conducted by the California Lawyer magazine. (I imagine
that this 70% excludes those that have already left the field,
making the already large statistic an under-representation of
the number of lawyers who have found themselves not
wanting to practice law.) While the California Lawyer poll
was conducted over a decade ago, its conclusion still holds
true for the legal profession in the twenty-first century.
Among young lawyers surveyed by the American Bar
Association in 2000, more than 65% indicated that they
would consider switching jobs within two years.
Certainly, there is nothing wrong with wanting a
prestigious job. And despite all that has been said so far,
you can still find lawyers out there who love their job.
Remember, however, that a career lasts about forty years —
during the prime years of your life. As a lawyer, you will
likely work 70 to 80 hours a week. Thus, regardless of how
prestigious your title is or how much money you make, if
you detest the work you do and/or the impact it has on your
life and family, the prestige and money may be of little
comfort at the end of the day.
So, will you enjoy life as a lawyer? It is a high price pay
to become one, only to find out that the answer is “no.” To
help you predict whether the practice of law will make you
happy or depressed, four questions requiring your honest
answers have been included below:
1. Would you enjoy and be good at what most lawyers do,
especially during their early years — that is, painstaking
research, writing, and review of highly detailed documents?
2. If your goal is to make a lot of money, would you be
willing, able and happy to routinely work 70-to-90-hour
weeks, especially during the years it takes to make partner?
3. If your goal is to make it as a partner, are you aggressive
and impressive enough to regularly convince clients to hire
you over the numerous other aggressive and impressive
lawyers vying for their business?
4. Can you tolerate the pressure of working in today’s legal
environment where opposing lawyers engage in
considerable unethical behaviour?
Choosing what you want to do with your life is not an easy
decision. In contemplating the path that you choose to
follow in the future, I would like to share with you a quote
from The Alchemist by Paulo Coelho. The quote is a wise
man’s response to a shepherd boy questioning why a man
chose to become a baker rather than a traveling shepherd
when the baker’s dream as a young man was to travel the
4 Voir Dire January-February 2006
ACADEMIA
world:
“But bakers are more important people
than shepherds. Bakers have homes, while
shepherds sleep out in the open. Parents
would rather see their children marry
bakers than shepherds [...] In the long run,
what people think about shepherds and
bakers becomes more important for them
than their own Personal Legends.”
Like the parents in The Alchemist, your parents may rather
see you become a lawyer than whatever it is that your heart
truly desires. But it is time to set aside any expectations that
your parents may have of you or that you may have
imposed on yourself, and to seriously consider whether you
should really go to law school. Of interest to you as you
begin your research may be the following resources
consulted for this article:
1. “Are you proud of your job?” by Del Jones in USA Today from
May 23, 2005, available online at
http://www.usatoday.com/money/economy/employment/2005-05-
23-prestige-usat_x.htm.
2. “The fruits of our labors: Dau-Schmidt studies lawyer income and job
satisfaction” in the Winter 2001 issue of Bill of Particulars, the
Alumni magazine of the Indiana University School of Law,
available online at
http://www.law.indiana.edu/publications/particulars/2001winter/la
wyersat.shtml.
3. ABA Young Lawyers Division Survey: Career Satisfaction 2000
by the American Bar Association, available online at
http://www.abanet.org/yld/satisfaction_800.doc.
4. “Career Guide: Should you be a lawyer?” by Marty Nemco in U.S.
News from November 30, 2005, available online at
http://www.usnews.com/usnews/biztech/articles/051130/30lawyer_
career.htm.
5. “Options Abound for Lawyers That Seek a Career Change” by
Douglas B. Richardson in The Wall Street Journal Executive Career
Site from September 8, 2003, available online at
http://www.careerjournal.com/columnists/thebigpicture/20030908bigpicture.html.
6. Should You Really Be a Lawyer: The Guide to Smart Career
Choices Before, During & After Law School by Deborah Schneider,
JD and Gary Belsky, available for purchase at
www.shouldyoureally.com and www.amazon.com.
7. The Alchemist by Paulo Coelho, available for purchase at your
local bookstore and www.amazon.com.
If you have any questions or comments in response to Reason #2 or
my column, I encourage you to email me at
andrea.tn.wong@gmail.com. Look out for Reason #3 in Part 3 of
“Should You Really Go To Law School?” in the next issue of Voir
Dire. VD

Law Law Law School School Anxiety
Anxiety
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By J.K. Leung
Third Year,
English and Art History
IF YOU EVER FEEL ANXIOUS or insecure
about applying to the graduate law
program, you are not alone. As a
student aspiring to apply to law
school myself, I know how it may
appear when you see (or hear) the
horror stories about how few
undergrads are actually accepted into
the program, and with what grades
they were accepted, among other
things. But there is a chance for all of
us, and I believe there are a few things
that will get us there: preparation,
determination and a passion for the
program.
Of course, saying this is easier said
than done.
The world is competitive, and law
school (as well as the law career itself,
of course) is no exception. According
to the University of Toronto’s faculty
of law fact sheet, getting in is not an
easy task. Students are expected to
maintain a high GPA (the median
GPA for the 2004-2005 year was 3.8
and the median LSAT was 166, or 95 th
ACADEMIA
percentile) throughout their
undergraduate career. However,
doing this is not impossible. It simply
requires that students work hard, and
make the right decisions regarding
which majors they are best suited for
and which courses they find the most
interesting to help them excel in their
grades.
I remember when I had finally
decided I wanted to go into law. I was
eager to explore the procedures to
better prepare myself so I went to
speak to the registrar at the U of T
Faculty of Law. I picked up copies of
their informative fact sheet and firstyear
program guide, and quickly
found myself overwhelmed by the
information and the rather frightening
statistics. My worst fear was being
rejected because of my lack of
experience in the field of law. I was
quickly calmed of this fear when I was
told that students of all backgrounds,
whether I was studying math, science
or English, were welcome and that the
faculty does not look deeply into
whether a prospective student has any
prior experience in the field.
Quickly, law has become a goal
that I wish to pursue and succeed in. I
have taken courses that I felt might
help me in the world of law for my
own personal benefit, and have
further opened my eyes to many of
the issues surrounding Toronto (such
as the tuition freeze, for example) and
the world (fundamental human
rights) in the hopes that I could better
understand how law works in the
‘real world’. I’ve met people who also
have an interest in the law program,
and this has eased my mind about it
as we share common anxieties and
fears pertaining to the process of
acceptance, the LSATs, and keeping
up a high GPA. Additionally, I had
originally been under the impression
that I had to apply in my third year; I
later learned that this did not have to
be the case. In fact, many apply after
achieving at least one degree and the
average age of applicants is anywhere
in their mid-twenties.
Over the course of the last couple
of years as I grow serious about taking
this path in school, I have learned the
following: if you’re interested in law
and the possibility that with your
help, you could help other people in
the face of injustice, then this job is the
right one for you. If you have the
passion to study law and work hard
to receive your degree, then you are
already one step closer. Like
everything else in life, it takes
determination and preparation
(knowing how to ‘crack’ the LSATs,
what to expect in the realm of law,
etc.) to succeed. Time management, as
I have learned, is an important key in
a lot of this. Being able to organize
your thoughts and your schedule will
provide you with a lot of the
preparation involved in the entire
application process.
There are so many obstacles that
we, as students, must face, but with
preparation and the will to succeed,
we can accomplish our goals. Even if
at times you may wonder what you’re
doing and why you’re doing this,
realize that if you truly enjoy law, as
cliché as it may sound, it will be worth
it in the end. VD
January-February 2006 Voir Dire 5

Not Not Not All All Smooth Smooth Smooth Sailing: Sailing:
Sailing:
The The The Work Work Life Life of of of a a Toronto Toronto Lawyer
Lawyer
6 Voir Dire January-February 2006
Christian Thorne
Columnist
Second Year, History
MANY ASPIRING LAW STUDENTS DREAM of the lavish life of the
Toronto lawyer and still successfully balance it with their everchanging
professional career. However, a recent study by
Catalyst Canada, entitled Beyond a Reasonable Doubt: Creating
Opportunities for Better Balance, clearly shows this that this is
often not the case. The study reveals that nearly two thirds of
Canadian lawyers have difficulty managing work demands,
while catering to their own demands and those of their family.
One in four Canadians report difficulties in managing their
work and personal lives simultaneously. However, with one in
two lawyers reporting the same difficulties this indicates a
doubling in the rate of problems compared with the regular
workforce, and highlights the increasing problems faced by
young Canadian professionals in industries across the country.
The study itself surveyed 1,400 lawyers across the country and
was sponsored by ten top Canadian law firms. In each firm,
Catalyst Canada overviewed the work-life attitudes and
challenges faced by firm associates and partners (both) male
and female) and came up with some very interesting results.
There is a common misconception in society today that only
female lawyers and working mothers have problems balancing
their professional and personal lives. This study indicates that
such problems are not exclusive to these categories, but rather,
are experienced by male and female lawyers alike.
Some of the key findings were:
• Approximately one-half of those lawyers satisfied with
their overall work environments are satisfied with their
ability to manage their work and personal/family
responsibilities.
• More than one-half of partners and two-thirds of
associates report they often or very often put work
before their families or personal life.
However, the study also showed the dual responsibility of
personal duties and career goals weighed heavily on female
associates:
• More female associates (75%), female partners (69%),
and male associates (66%) report difficulty managing
the demands of work and personal/family life than
INTELLECTUAL PROPERTY
male partners (46%).
• More female lawyers (70%) then male lawyers (56%) feel
that advancement in their firms depends on putting their
career before personal/family life.
• More male partners (63%) than other lawyers (41% of
female partners; 28% of male associates, and 18% of
female associates) are satisfied with their informal work
flexibility.
• More male partners (46%) than other lawyers (32% of
female partners; 33% of male associates and 21% of
female associates) report their firms’ leadership is
supportive of helping partners and associates manage
work and personal/family responsibilities.
This evidence is revealing and makes one better aware of the
working life of a Canadian lawyer. In addition, the study gives a
list of suggestions for ways in which partners can enhance the
firm environment to better suit its associates:
• Understand the firm work environment: In order to
establish and implement flexible practices that can drive
sustainable, long-term results, identify the work practices
and priorities that operate in the firm to support or
reduce effectiveness.
• Know what is important to lawyers: Part of
understanding the firm work environment is recognizing
the work-life balance concerns/challenges and priorities
of the firm’s lawyers.
• Partner with lawyers at each level to develop work and
life solutions: Creating greater work-life effectiveness
within the firm is not accomplished with a top-down
approach or with a policy devised by HR that sits on a
shelf.
• Create and communicate parameters requisite for
success: Support for working more flexibly needs to be
communicated consistently. The messages must include
real examples of people within the firm to highlight the
range of options and demonstrate that flexibility options
can be used without damaging careers.
• Demonstrate firm leadership on the issue: Firm leaders
need to go beyond a verbal commitment to work-life
effectiveness to leading by example, challenging those
organizational norms that hinder work-life effectiveness.
Continuous, public leadership commitment is essential to
dispelling perceptions that the firm’s pursuit of greater
work-life effectiveness will compromise career mobility,
performance, and business results.
The beauty of this study is how the evidence acts as a guide to
lawyers at every level of the firm, pointing to ideas on how to
improve one’s professional life. VD

Think Think About About Law:
Law:
Kaplan Kaplan Kaplan Law Law Forum
Forum
Vanessa Quattrociocchi
Columnist
Second Year,
Ethics Society & Law
and Political Science
ON TUESDAY, FEBRUARY 7, 2005,
Kaplan Test Prep and Admissions
hosted a forum entitled Think About
Law. The forum included a period
where several Canadian law schools
provided information on their
programs with a representative
available for questions, and a second
period where four panelists held a
discussion regarding their varying
educational backgrounds, law school
experiences and career choices in law.
Each lawyer highlighted elements of
their experience and addressed
questions posed by students who
attended the session.
The event was moderated by
Laleh Moshiri who graduated from
the University of Toronto Law School
in 1992. After graduating, she articled
with Borden Ladner Gervais, the third
largest law firm in the country. She
remained with the firm practicing as a
litigator for four years in Health Law
and Commercial Litigation. Laleh
spoke to the role of a woman as a
practicing lawyer. She stopped
practicing in 1998 when she decided
to raise a family. She made it clear that
many women practicing law are able
to coordinate their schedules, and do
so, however, she decided to remain
with the firm in a different position.
She served as a Director of
Recruitment, and is now responsible
for training and development of new
lawyers. Through this experience, she
realizes that currently, over fifty per
cent of law students are female, and as
they advance to senior positions, they
are going to become more prominent
in male positions. Furthermore,
SOCIETY
according to her exposure to the
younger associates, the role of the
family is changing. Young male
associates want to go home to their
families, and the experience of being a
female lawyer has shifted.
Emily Morton and Bryce
Edwards were two of the panelists.
They both attended UofT Law, and
graduated together in 2002. Their
experiences overlapped in some
regards, though are strikingly
different in others. After completing
law school and articling, they both
went to New York to practice for large
firms. Emily practiced for one year at
Simpson Thacher and Bartlett LLP in
government investigation and white
collar defence. Bryce spent two years
as a litigation associate at the New
York office of Shearman and Sterling
LLP. Emily and Bryce shared a similar
opinion on their experience in New
York. They both claimed that if you
want to practice in New York or
Boston, to stay home and study!
American recruiters are concerned
primarily with grades and with a
Canadian law degree, it is required in
most states that a very difficult state
bar exam is written. Both of them
decided to return to Toronto to
continue practice- Emily in criminal
defense, constitutional and
administrative law, and Bryce in
Aboriginal law.
With regards to their
experience in law school, Emily stated
that there is a failure on behalf of
Canadian law schools to address
mounting student debt, especially
when students are not looking for a
Bay Street job. They both agreed that
despite one’s best efforts, there is
always a crunch time in law school.
Bryce advised students to read cases
and try to summarize them in five
lines or less, and that the key to
success is organization! Finals in April
are worth 100%, and, as a result, there
is not a lot of pressure over the year.
Furthermore, there is a lot of
competition in the University of
Toronto Law School - everyone
arrives at the school with an 85-90 per
cent average from their
undergraduate degree, however
students are bell curved according to
a B-average. He advised students that
there is no better substitute for
picking up the phone! Calling the
person who is really passionate about
a particular subject is invaluable.
Bryce and Emily also made clear that
if you are thinking about a career in a
particular area of law, it is possible in
law school to close off potential access
to an area when you fail to
demonstrate an interest in it. This is
especially true for specialized
“boutique” firms, so they both
advised keeping an open mind in
one’s studies.
Ghina Al-Sewaidi brought a
very different perspective to the
panel. She graduated from the
University of Ottawa’s Law School in
1991 in order to be recognized as a
lawyer in Canada, despite having a
Master’s Degree in Law from Dundee
University (UK) in 1988. She is
currently a sole practitioner in
Toronto, focusing on International
Business, Tax and Aboriginal Law,
with a lot of experience with the
Canada Immigration and Refugee
Board. Ghina addressed the reality of
the great competition present in sole
practice. Being a one person
operation, the demand of several
clients’ desiring appointments after 6
p.m., in addition to early mornings in
court, organized scheduling is critical.
Also, as a female practitioner from the
Middle East, she experienced some
difficulties in gaining credibility and
credits intelligence, strong
interpersonal skills, and motivation as
the requisites for success. She noted
that her multilingual abilities have
been extremely helpful for her to gain
clients, as language forms a sense of
connection between lawyer and client
and increases trust in confidentiality.
January-February 2006 Voir Dire 7

Lastly, Graeme Hamilton was
the only member of the panel
beginning his law school studies at the
University of Toronto. Graeme
brought a fresh perspective and view
on currently experiencing and going
through the phases of law school.
Graeme first acknowledged his
decision to go to the University of
Toronto for law school as being
impressed with the notable faculty
members. Due to his little exposure to
the law school environment, he was
8 Voir Dire January-February 2006
INTELLECTUAL PROPERTY
unable to speak much about his
experience, however he stressed that
he realizes that his previous work
experience has served as a
tremendously beneficial asset. Prior to
law school, Graeme worked as a
consultant with Monitor Group, a
global strategic consulting firm. He
believes that due to the demands he
experienced in his job, forced him to
learn how to effectively manage his
time and juggle certain tasks.
The forum was an excellent
opportunity to be exposed to the
reality that practicing law can take
many shapes and forms. The
possibilities are endless – from the
primary choice of deciding which law
school to attend, to pursuing different
areas of law, to deciding whether to
practice in large, small or independent
firms. Each panelist illustrated the
many opportunities a career in law
can open. VD

Pharmaceutical Pharmaceutical Patents
Patents
By Andrew Lukaszewicz
Columnist
First Year, General
SO YOU GO TO THE DOCTOR and find out that you have high
cholesterol. You’ve been eating right and exercising, but
the cholesterol just won’t come down. So your doctor
prescribes medication. Zocor for example.You go to the
pharmacy, give them the prescription, and they give you a
bottle of simvastatin. Huh? You thought your doctor
prescribed Zocor, so why would they give you something
else?
Well, this very common situation brings up the issue of
pharmaceutical patents and generic drugs. In order to
explore this issue, we need to start at the beginning…
When a pharmaceutical company invents a drug, they
have the option of patenting it. When they do this, they
disclose to the public the ingredients in the medication
and the process by which it is created. In exchange, the
company gets exclusive rights to produce and sell the drug
for a period of time, while no other company is legally
SOCIETY
allowed to do so. The duration of the patent is usually
around 20 years.
Zocor was created by Merck in the mid 1980’s, and patented
shortly thereafter. From this time, Merck was the only
company that could produce and sell Zocor, even though
other companies knew how to manufacture it. But, as you
can guess, it’s already been about 20 years since Zocor was
patented. Merck’s patent on Zocor is set to expire in mid-
2006. So what happens then?
When a drug’s patent expires, competing pharmaceutical
companies get the right to manufacture the drug. This is
where generics come in. Some pharmaceutical companies
specialize in producing generic versions of medications
whose patents have expired. They are then able to sell these
drugs for a lot less, since they do not have to invest money
in research and development. The only difference between
“brand name” and generic pills is that generics are cheaper,
and look slightly different from their brand name
counterparts (due to trademark laws that prevent them from
ever looking exactly like the originals).
So next time your pill bottle doesn’t agree with what
it says on your prescription, ask your pharmacist if your
medication is generic. And if it is, think of all the money you
(or your insurance company) saved! VD
January-February 2006 Voir Dire 9

10 Voir Dire January-February 2006
INTELLECTUAL PROPERTY
Precedent Precedent in in American American Copyright Copyright Law: Law: Avoiding Avoiding Trial?
Trial?
Virgil Cojocaru
Columnist
Fourth Year, International Relations
IN LATE JANUARY 2006, a major Canadian
record company took the unusual step of
hiring a defense lawyer for a man accused
by the U.S. record industry of
downloading hundreds of songs illegally.
The Nettwerk Music Group said it
would pay for the defense of David
Greubel, a father of four children who is
the defendant in a complaint filed by the
Record Industry Association of America in
a U.S. District Court in Fort Worth, Texas.
Greubel is accused of having on the family
computer 600 music files suspected of
being illegally downloaded from filesharing
services. Among the files is the
song "Sk8er Boi" by artist Avril Lavigne,
who is a client of Nettwerk.
"Suing music fans is not the solution;
it's the problem," Terry McBride, CEO of
Nettwork, said in a statement this week.
The Record Industry Association of
America is suing individual customers to
enforce copyright laws, who often do not
have the means to mount a successful
defense in the American court system. In
such cases, a family such as David
Greubel’s would rather decide to settle
out of court. Instead of risking potentially
millions of dollars in fines, most average
consumers with limited financial means
would much rather prefer a ‘slap’ on the
hand of $9000.
Precedent shows that the RIAA
prevents American copyright law from
being tested when it comes to consumers
downloading Internet files that are
copyrighted without being notified that it
is illegal. However, the current case is
unusual in this regard, in that Greubel,
through the backing of Nettwork, may
have the funding to fight the RIAA
through the courts, as Mudd, his newly
hired lawyer stated. Cases similar to
Greubel's have seldom even gone to trial,
with most defendants avoiding further
litigation by agreeing to pay the RIAA.
One of the potential problems with the RIAA’s conduct and in turn with
the American copyright law is that many of these prosecuted consumers
had no idea that what they were doing was outright wrong—this issue was
not made clear. In fact, as the lawyer hired by Nettwerk to help Greubel
states, most of these people are just using their software and computers in
a legal way. The simple but controversial facts of the matter are that these
normal consumers who also buy products unknowingly commit illegal
acts, inadvertently breaking copyright law. Obviously this has become
very common on the Internet as download speeds and access has soared in
North America. The argument made by Mudd and others is that the
industry should capitalize on this potential market instead of prosecuting
consumers without warning
As far as Canada is concerned, its approach has been far less aggressive
when it comes to pursuing copyright infringements on the Internet.
Although the Liberal Government earlier tabled a bill to make song
downloading in Canada illegal, this issue is still highly unclear. In fact,
tantamount to this situation is that Nettwork is a major Canadian record
company. Therefore, when it comes to copyright infringement on the
World Wide Web, it seems that the RIAA in the United States is trying to
enforce its agenda without actually testing the law in court, while
Canada’s law is still incomplete, premature at best. VD

Portrait Portrait of of Islam:
Islam:
Freedom of Expression or
License for Desecration?
Tara Raissi
Columnist
Third Year,
Political Science and Criminology
AMIDST THE RISING NUMBER of human casualties and
pronounced economic consequences, the controversy
surrounding civil liberties has yet to be resolved. Twelve
caricatures depicting the Muslim prophet Mohammed,
originally published in the Danish newspaper Jyllands
Posten have instigated a worldwide concern with
striking a desirable balance between freedom of
expression and the laws of libel. While some of those
affected have resorted to peaceful means of protest, an
overwhelming majority in the Middle Eastern region
have chosen violence and destruction.
The cartoons published earlier this year were
designed to address cases of self-censorship regarding
Islam in Denmark. Within the span of a few of months,
other European nations chose to reprint the images, on
account of exercising the right to freedom of speech.
This decision has been subject to great scrutiny. Fin Jarle
Saele the editor of Norwegian Christian newspaper
Norge I Dag, argues that increased publication is not
meant as provocation but as a means of confronting
radical Islam in Norway. 1 Skeptics of these claims
consider the release of these images an explicit
affirmation of Europe’s long established Euro-centrist
mindset. Critics hold that the universally recognized
right to freedom of speech must be “exercised
responsibly” and “cannot entail the right to offend the
religious sentiment of believers.” 2
The Danish and Norwegian flags set ablaze on
sidewalks across the Middle East conjure up all too
familiar images from prevailing protests involving the
United States. Analysts argue that these depictions have
essentially placed European nations into a position the
United States has grown accustomed to; a target for
Muslim anger. 3 Ongoing riots in countries ranging from
Pakistan to the Philippines include attacks on Danish
embassies and the torching of businesses affiliated with
the West. Mobs of enraged Muslims chanting “Death to
Denmark” 4 and holding placards reading “behead those
who insult Islam” reinforce the emotions of anger.
The culmination of ongoing riots and rampages
of cities, as well as boycotts on European products, have
resulted in economic detriments. Numerous Middle
Eastern countries have called for boycotts, costing
SOCIETY
Danish businesses more than a million dollars a day. Both
Indonesia and Saudi Arabia have declared the ban effective so
long as the Danish Government does not offer an “official
apology.” 5 The Danish Prime Minister has refused to intervene
on the basis that freedom of speech is a matter for the courts
and not the government. Nonetheless, he has declared the
boycott against the merchandise at odds with the rules of the
World Trade Organization.
Not so long ago, a similar situation arose with the
release of Salman Rushdie’s controversial The Satanic Verses.
Enraged with the author’s work, Iran’s Ayatollah Khomeini
issued a fatwa for the execution of the author. Foad Ajami
recalls the controversies surrounding the aforementioned as a
precursor to Denmark’s current condition. 6 Several of the
cartoonists have gone into hiding after fundamentalists
threatened to bomb the paper’s offices and kill the cartoonists.
Rushdie himself proposes “equal unprotection” for all
religions whereby the so called “right not to be offended” is
abolished by law.
Within the Canadian context, Peter Mackay, Minister
of Foreign Affairs, concedes that certain limits must exist to
freedom of expression despite the fact that it is a recognized
January-February 2006 Voir Dire 11

SOCIETY
Charter right. 7 This outlook is reinforced in the decision by selected bookstores to ban an upcoming issue of The Western
Standard containing the cartoons. The companies cite the potential heightened risk for Canadian troops in Afghanistan as
the reasoning behind this decision. Ezra Levant, editor of The Western Standard, emphasizes that the decision to publish the
cartoons is not meant as provocation, but as support in the belief that the only appropriate response to free speech is more
free speech.
Undoubtedly, the release of these images has had far reaching consequences. On the economic front, the losses
incurred are not only apparent in the Middle East but in the European region as well. The notion of imposing limits on
freedom of speech is particularly troublesome for many civil libertarians. Nevertheless, within the current context, the
question remains whether in preaching freedom of expression the publishers have condoned material that promotes hatred
as well. VD
1 Gudmundsson, Hjortur. “Danish Imams Propose to End Cartoon Dispute.” The Brussels Journal. 22 January 2006. 18 February 2006.
2 Winfied, Nicole. “Pope Supports Peaceful Cartoon Protests.” The Globe and Mail. 16 February 2006. 18 February 2006.
3 Gwyn, Richard. “Cartoon’s collateral damage may hurt Turks.” Toronto Star. 14 February 2006, A17.
4 Khan, Riaz. “Pakistan Cartoon Riots Continue for Third Day.” The Globe and Mail. 2006. 15 February 2006. 18 February 2006
5 Ibid.
6 Ajami, Foad. “Islam’s Shattered Pact with Modernity.” Toronto Star. 12 February 2006, D5.
7 Walton, Dawn. “PM Commends Canadian Muslims for Voicing their Opinions ‘Peacefully’.” The Globe and Mail. 15 February 2006. 20 February 2006.

agree that these are better than topdown
strategies because they offer the
capacity to manage unintended
consequences, the ability to draw
direct citizen engagement, and the
ability to economize on the resource
available for public problem solving.
The three organizing principles that
are incorporated at the intersection of
community policing and spatial
reconfiguration are citizen
participation; critical feedback loops
connecting the quality of community
action and the conduciveness of
physical space; and the construction
of enabling participatory political and
administrative institutions.
First, citizen participation
encourages ordinary citizens to have a
voice in shaping the public spaces that
they use and inhabit. This bottom-up
approach brings local participation to
acknowledge the challenges of urban
SOCIETY
design. This has the potential of
reducing the remote feeling citizens
experience when urban design
privilege the knowledge and capacity
of city agencies. Second, the critical
feedback loop acknowledges that
when citizens participate in
organizing their communities they
construct environments that are in
turn more conducive to community
building. This critical feedback loop
encourages citizens to consider the
consequences of the public spaces
they inhabit, and empower them to
positively transform those spaces.
These two principles support the
grassroots democracy theory
mentioned above because it imagines
active citizens cooperatively
transforming urban spaces to make
them more favourable to their daily
activities while maintaining safety in
these communities.
Lastly, in order for the above
organizational principles to operate
effectively, they have to be deliberately
attached and reinforced through the
appropriate political institutions. This
could be done by enhancing the
opportunities for local and direct
citizen participation, and then render
the city agencies that construct urban
space—departments of housing, parks,
streets, sanitation, education, and the
like—to be more responsive to these
citizens who promote such institutional
reform.
The above recommendations address
the political indifference that is present
in Canadian societies today. A common
concept to capture this problem is
known as the democratic deficit. A
significant aspect of this deficit is the
political disengagement which is
shown in the continuous decline of
voter turnout; this leads to the
continuing low rate of participation in
political parties. When these symptoms
are left unchecked, citizens —
especially youth — experience
exclusion from the Canadian political
system. Overlooking this concern will
breed illegal activities in our
communities, instead of improving
civic engagement.
The crime rate in our city is
influenced by the reluctance to
participate in grassroots organizations.
Archon Fung’s outline of Responsive
Participatory Redesign (RPR) is an ideal
framework Canadian politicians ought
to consider as an initiative to form
domestic policies that aim at
encouraging ordinary citizen
involvement in the urban planning
process of their communities. The
democratic deficit is not a cause, but a
result of the political disengagement
present in Canada; as a result,
Canadian citizens fail to notice the root
causes of senseless crimes that are
eroding Canada’s image as a safe
country, known world wide for its
peace and tolerance. VD
January-February 2006 Voir Dire 13

14 Voir Dire January-February 2006
SOCIETY
What What is is the the Role Role of of Civil Civil Disobedience Disobedience in in in a a Morally Morally Secular Secular Secular Society?
Society?
Society?
JOHN RAWLS PRESENTS a thought provoking account
of civil disobedience in his essay Civil Disobedience,
written in 1971. Rawls defines civil disobedience as a
non-violent act that expresses defiance to law and
occurs in the public forum. According to Rawls,
although the goal of dissenters is to change unjust
laws, they are bound by their fidelity to the law and
are willing to accept legal consequences for their
actions. Rawls’ theory rests upon the establishment of
particular conditions under which he believes civil
disobedience is justifiable.
First, Rawls believes civil disobedience is
justifiable when equal liberty and fair equality of
Vanessa Quattrociocchi
Columnist
Second Year,
Ethics Society & Law
and Political Science
opportunity are seriously infringed upon. Second,
attempts to repeal law and appeals to the political
majority must be exhausted in such a manner that
further legal action would be considered futile. Third,
for Rawls, the amount of civil disobedience which may
occur within a society must be constrained.
Simultaneous acts of civil disobedience would lead to
fragmented respect for the law and constitution and in
turn diminish the effectiveness of protest. Rawls
proposes that political minorities, must out of respect to
their duty to democratic institutions, coordinate their
appeals to regulate the level of dissent in society.
Fourth, if civil disobedience harms third parties such as

the innocent, it is unjustifiable. Fifth, wisdom, prudence
or acting rationally with a clear conceived objective in
mind must be properly designed in order to avoid
retaliation by the majority.
Civil disobedience, as defined by Rawls, is one
of the stabilizing devices of a largely just constitutional
system. Alongside free and regular elections and an
independent judiciary, civil disobedience prevents a
departure from justice and upholds the integrity of just
institutions. Although it is an act which is admittedly
contrary to the law, it shows fidelity towards it, and
appeals to the fundamental political principles of
democratic regimes.
However, is Rawls’ theory adequate in a largely
just society? Rawls’ third condition, calling for political
alliance of dissenting groups, fails to embody the
strength of other components of his argument. Despite
acknowledging the challenge of coordinating minority
groups to form a political alliance, he claims that
alliance appears possible if “perceptive” leadership
arises. This presumes that perceptive leaders will
necessarily emerge from groups and, furthermore, that
dissenting groups will have leaders willing to
coordinate their actions with other groups on the basis
that their claims appear to be equal. Although Rawls
accounts for the possibility of groups being tempted to
believe their claim as strong as another group, he does
not consider groups who deem their claim to be
stronger. In the event that any group believes their
claim to exercise their rights to be more compelling
than another, political alliance becomes highly unlikely.
Rawls does not stipulate how to address and settle
claims where even one group believes their claim to be
superior.
For example, one may imagine a scenario where a
minority group of dissenters in Western Canada
advocates for their constitutional right to not have
French language education forced upon them, while a
dissenting group from Quebec calls for increased
funding for French language instruction. According to
Rawls’ third condition, these groups should form a
political alliance in order to uphold respect for the law
and regulate dissent in a largely just state like Canada.
However, even presuming perceptive leadership does in
fact arise from each group, it is reasonable to imagine
that each group would consider their claim more
compelling than another, preventing the possibility of
political alliance. The group from Quebec may feel as
though their claim is more important as their language
is embedded in the dualistic nature of Canada, while the
SOCIETY
group from the West may believe that their interests
have been systematically ignored due to constant
recognition of Quebec’s demands. Thus, Rawls’ third
condition fails to acknowledge that political alliance
amongst dissenting groups may require much more than
perceptive leadership to reconcile group differences and
that in certain scenarios alliance may simply not be
feasible.
Rawls’ conception of the role of civil disobedience
within a democratic society is also questionable. Rawls
claims that civil disobedience is one of the “stabilizing
devices of a constitutional system.” However, a critic
may argue that civil disobedience in and of itself
implies, at minimum, a temporary departure from
conduct characteristic of a just society. It is an act
which disrupts societal order and stability, departing
from the principles of justice, and operates contrary to
the goal of just institutions. Furthermore, Rawls
parallels the role of civil disobedience with elections
and an independent judiciary which interprets the
constitution. A critic may take issue with such a
comparison as elections and the judiciary are conducted
by or structured through the apparatus of the state to
stabilize just institutions. On the other hand, civil
disobedience is organized and conducted by dissenters
and consequently may divide the government,
dismantling its stability.
For example, suppose a portion of a state wants
to separate, and organizes a group of dissenters to
protest. The dissenters may foster instability within the
state as it may interest members of government who
previously may not have considered the possibility of
separation as a remedy to certain dilemmas of the state.
Other members of government may believe that the
state should remain intact and accommodate issues
within its current framework. This example illustrates
that civil disobedience, even if it does not serve to
entirely dismantle the state or societal order, may
introduce instability where there was previously
stability.
In defense of Rawls’ theory, his discussion of
the role of civil disobedience does not attempt to claim
that stability is the direct result of protest, but rather,
results as an effect of an act of civil disobedience. Civil
disobedience may involve temporary instability only
with the objective of rectifying injustices which are
present in a largely just state. Thus, civil disobedience,
despite its transient instability, seeks to uphold respect
for the law, the constitution, and societal order, and
aims to uphold just institutions. VD
January-February 2006 Voir Dire 15

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