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The Ubyssey Oct 29, 1999

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Array pepper spraying ourselves since 1918
THE UBYSSEY MAGAZINE Friday, October 29,1999 volume 81 issue 14
a lone time coming
(^J Alter almost five years of wrangling, the BC Human C, J
by Nicholas Bradley and Tom Peacock
At the end of December, 1994, Dr. Don Dutton, a professor in
the UBC department of psychology, met with a student, a
female unclassified student hoping to qualify for graduate
school, at his home in Kitsilano.
According to Dutton, this was nothing out of the ordinary. The
respected professor had "established a practice of meeting during
the day and evenings with students at his home," as he would later
testify. Another meeting followed soon after. This time, the student
alleges, Dutton initiated sexual contact. But Dutton adamantly
denies any allegations of wrongdoing. These two meetings served as
the cornerstone of a case accusing Dutton of sexual harassment.
On Wednesday, the BC Human Rights Tribunal ruled that Dutton
would have to pay over $13,000 to Fariba Mahmoodi, now a part-
time UBC student, for damages resulting from his conduct. But
despite the decision, this case is far from over.
It's been messy from the start. The questionable conduct of both
parties involved, the credibility of their testimony, as well as their
sheer intransigence, have made the case extremely difficult to
resolve.
Originally, Mahmoodi thought she had a friend in Dutton; she
hoped that he would help her get into graduate school. There was no
question that Dutton could play a decisive role in her being accepted, and, according to her testimony, she was led to believe that she
had a "deal" or "contract" with the professor. She claims that in
exchange for physical intimacy, he would support her application.
When asked about the second fateful meeting, which took place
January 6, 1995, she answered that "I thought that I wanted his
friendship, and also the fact that he offered his assistance to get into
graduate school. So I thought that that would be my part, to—I couldn't push him away, I couldn't say no to him."
Mahmoodi's had earned poor grades while completing her undergraduate degree in psychology at York University in Toronto. She had
come to UBC in the fall of 1994 to take some courses in an effort
to boost her average. With her low academic standing, Mahmoodi
was in a vulnerable position, almost desperate.
On her application to UBC's graduate program in psychology, she
forged one of the required letters of recommendation (pictured
below). But by the time Mahmoodi had submitted her application,
"Mahmoodi sensed that Dutton's support was waning," according to
court documents.
As she was under cross-examination at the Tribunal, Dutton's
counsel asked Mahmoodi a fateful question.
"If he was going to destroy your dream, then you were going to do
whatever it took to destroy his dream, his reputation within the community?"
"That's right," she replied.
"You would do whatever it took to get revenge."
"Yes."
During the fall of 1995, Mahmoodi wrote letters to Dutton, threatening to "destroy [him] professionally," if he did "not live up to [his]
promise."
It is still unknown whether or not Dutton ever made any promise
of the nature Mahmoodi alleges. But the implication is clear—
Mahmoodi obviously thought a deal had been struck.
Either way, Mahmoodi was not accepted into UBC's graduate program. Any chance there might have been of an easy resolution of the
volatile situation disappeared once she received her letter of rejection. The conflict would no longer be kept quiet, and any hope of an
easy way out would vanish.
On March 31, 1995, Mahmoodi filed a formal complaint with
UBC's Equity Office. She then went public with her allegations of sexual harassment against Dutton.
She called his lab repeatedly, called the counsel for OJ. Simpson,
for whom Dutton was appearing as an expert witness, disrupted his
classes, and distributed pamphlets which detailed her accusations,
both to Dutton's students and all over the UBC campus. At one point,
she was arrested and charged with criminal harassment.
Mahmoodi was no longer merely vulnerable; she was now
increasingly aggressive. She began to demand a resolution from the
university's internal investigation, saying she would "screw up the
university" if no result was achieved. When she was questioned at
the Tribunal about her conduct during those months in 1995, she
admitted that she was "out of control."
In short, Mahmoodi's actions would cause Frances Gordon, the
.After almost five years of wrangling, the BC Human
Rights tribunal has ruled that UBC professor Dr. Don
Dutton discriminated against a student on the basis on
sexual harassment. But the fight may not be over yet—and
not all the questions have been answered.
DR. DON DUTTON the UBC psychology professor has lost his case with
the BC Human Rights Tribunal, richard lam/ubyssey file photo
Tribunal member assigned to her case, to seriously question her credibility. "I conclude," she wrote in her 85-page decision, "that Mahmoodi's willingness to engage in dishonest behaviour and to subsequently minimise,
justify or deflect responsibility for it reflects poorly on her credibility."
f
JLm
: was a messy case. How could it not be? How could anyone achieve
mediation or a settlement when the case concerned sexual harass-
-ment, when the alleged perpetrator outright denied any wrongdoing,
when there was no physical proof, and when the plaintiff's efforts to prove
her case were repeatedly frustrated?
In 1995, the case passed through an independent external investigation. The Equity Office hired a lawyer, and, according to Mahmoodi's lawyer,
Clea Parfitt, "Dr. Dutton refused to cooperate with the external investigator." Then there was an internal disciplinary investigation, under Dr. Patricia
Marchak, UBC's Dean of Arts at the time. Marchak found Dutton had acted
inappropriately and issued a written reprimand, but for Mahmoodi, it wasn't good enough.
Parfitt explains why the case was then moved from campus to the
Tribunal. "My client's concern about that internal hearing was the level of
independence of Dr. Marchak. And it was certainly the case that Dr.
Marchak had already seen information about my client and had formed a
negative opinion of her before she ever commenced the investigation."
And so the hearing was finally put before the BC Human Rights Tribunal
in May of 1998. The hearing lasted 22 days, and Wednesday's decision
was 16 months in the works. The case itself is now over four years old. But
still, Dutton, according to Dr. Richard Tees, head of the UBC psycholoQr
department, has said that he does not accept the Tribunal's decision and
will appeal it before a judicial review.
But what happened between Dutton and Mahmoodi on the two
evenings in question? With two vastly different stories, only the contradictions are evident.
Dutton testified that he and Mahmoodi drank wine—which Dutton said
he normally offered, along with tea, to students who visited his house. He denied,
however, that he met Mahmoodi at the
door that first night with a glass in his hand.
Dutton explained that the candles and
the fireplace were lit, but so were two
lamps and the light in the dining room. He
agreed that he gave her a tour of the
upstairs, but only offered to make her a
tape of Armenian music when she admired
his music collection.
On the tape he gave to Mahmoodi, he
says that the music is "beautiful and sad at
the same time," but during testimony he
denied that he would describe this music
as romantic. It's what he listened to. "This
is just an average night for me at home,"
he explained during cross-examination.
An average night at home. Monica
Landolt, a doctoral student in psychology at
the time of the hearing, had two or three
average nights at Dutton's house. She was
never there longer than half an hour. She
was never offered anything to eat. Never
anything to drink. Certainly nothing sexual.
Cynthia van Ginkel, another student,
often met Dutton at his home, but never
had wine. Sybilla Verdi, on the other hand,
did. She had dinner alone with Dutton.
There was music playing, and the fire
burned. Donna Barker also had dinner and
wine with Dutton. She was a secondyear
undergraduate when she and Dutton
"decided to establish a relationship," as
she put it. Dutton made her several tapes.
He was one of her best friends, she said.
Average nights.
On Dutton's first average night with
Mahmoodi, he made her a tape. And
somehow, in some way, he recorded their
conversations. Or so she says. He still
maintains that the tapes were fabricated.
But on the tape used as evidence in the
Tribunal—which Gordon decided was not
falsified—Dutton is recorded telling
Mahmoodi that she did not look like his old
girfriend, who happened to be Iranian, as is
Mahmoodi. But then Mahmoodi already
knew about his girlfriend—Dutton had told
her about her before.
Later during this average night, Dutton
testified, he picked out photos of Iran from
the book she rested on her lap. Dutton sat
next to her on the couch. She flinched when
he cracked a piece of firewood over his
knee. Or so he says. TTie tape recorded him
asking why she was scared, but not the
snapping of the wood. She says she could
hear his breathing as he sat next to her. He
called this "cosy."
The tape. Fragments of conversation.
Dutton's voice.
"...sorry you have to go..."
"Would you come back?"
And the evening ended. But it was
caught on tape, and there would be anoth-
continued on page 4 ber 29, 1999* page friday—the ubyssey magazine ■
aiaiaw
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recommended, herbal based, nutritionally based, all natural. Call 878-4844.
VOLUNTEERS NEEDED TO PLAY
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while mom studies at home (on campus).
Sm. honorarium available. Call Cindy @
827-0014.
SEXUAL ASSAULT RESEARCH. The
Anxiety and Fear Laboratory in the
Dept. of Psychology at UBC requires
female volunteers who have experienced
unwanted sexual activity to participate in
a psychological research project. If you
are interested in helping us ot would like
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IMPROVE YOUR GRADES IN
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tutor. Call Mark at 434-3874.
ervices
PACIFIC SPIRIT FAMILY AND COMMUNITY SERVICES located in Room
038 of the School of Social Work at 2080
West Mall offers couple and family counselling free to all UBC students. Call 822-
4824 for an appointment.
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ATTENTION ENGLISH STUDENTS.
Want to buy a t-shitt? The English
Students Society are selling t-snirts for
$15. Call Bonnie at 323-1423.
3 ZAP MAMA TDC FOR SALE. 6th
tow center. Oct. 29th at the Vogue.
Contact 222-9469. $5 off of original
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STUDENTS WHO WANT TO HELP
START AND ORGANIZE A UBC
GUITAR CLUB please contact Hetman
at barnabee@hotmail.com
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YOU ARE MORE THAN THE PERSON YOU BELIEVE YOURSELF TO
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SEX! SEX! SEX! If you like to play doctor, wed like you to see our 10 colours
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PLEDGE AND DIDN'T LIKE IT?
START YOUR OWN FRATERNITY!
Zeta Beta Tau is looking for men to start
a new Chapter. If you are interested in
academic success and an opportunity to
make friends in a non-pledging brotherhood, email zbt@zbtnational.org or call
Gil Hacohen at (317) 334-1898.
UBC FIRE DEPARTMENT IS LOOKING FOR THE DRIVER OF A
MOTOR VEHICLE who helped in an
accident at 7:45am on Wednesday, Oct.
13 in SW Marine involving a cyclist. The
Fife Dept would like to rerurn a blanket
you lent to the cyclist.
ATTENTION 99B-LINE MORNING
RIDERS: PLEASE STOP FARTING
ON THE BUS. It's bad enough being
surrounded by morning breath - don't
add to the foul stench.
Tbrun
your own
ADSor
classuubbs
oodil.w^ .^'r./i
living closet
Come join the Living Closet
community for another on
of its creative and inspiring
art gatherings on Friday,
October 29. The evening
will showcase local and
amateur artists of all
media, with performances
running from 8pm to 2 am.
Doors open at 7:30pm and
the suggested donation is
$5. There will be prizes for
creative costumes so come
creatively attired. 110 W.
Hastings, at the Church of
Pointless Hysteria.
for more info call Rii at
253-1121 or Rowan at
253-5304
e ubc community
veggie lunch
at ubc
The Student Environment
Centre presents a veggie
lunch every Tuesday at
12:30-2:30pm in the
Graduate Students Society
Building, penthouse floor.
$4 suggested donation
'tween classes
Between classes is a free
service for the UBC community. 'Tweens advertise
events that are free for students in the Page Friday
issue of the Ubyssey.
call Todd at 822-2301 for
more info
In the Tuesday, October 26 issue of the Ubyssey, the article "UBC looks
for voice on GVRD" reported that the position of GVRD representative
was appointed. It is in fact an elected postion, but has often been
uncontested, and filled by acclamation.
THE«REAT
ubyssey
♦GIVEAWAY *
do this and get this
• make a bow tie out of the • a copy of the Ubyssey's 80th
Ubyssey—and you gotta wear it    anniversary book! Nice!
• submit a Polaroid of yourself
in your pyjamas standing in
Martha Piper's parking spot,
(Polaroid camera provided in Ubyssey
business office—photo ID necessary)
• submit a good, 50-word
description of how Hugh
"Sgt. Pepper" Stewart has
improved your life
• 2 tickets to the Canucks game
against the Predators Oct. 30!
Hockey!
• a $25 gift certificate from the
bookstore and tickets to the
Circle Craft Christmas fair!
• walk into room 245 and sing      • a Ubyssey T-shirt in one of
the song "Mellow Yellow" four colours!
It   was   a  dark  and  stormy
night.   Clasping  his
rifle,   Jon,   Sasquatch-
Hunt e r-Gruy-By-Night-
Mi ld-Manne re d-Ge er-By-
Day,   stared   intently
ahead.   He   had   just   seen
his   first   Bigfoot.   There
it  was   again!   Big!
Hairy!   Gfiant   Claws!
Fangs   from here   'till
Tuesday!   Jon   screamed
like   a   schoolgirl   and
ran.
—Jon Long s Bigfoot encounter
(He won himself a brand spanking new T-
shirt for telling us about his experience in
the woods, tou could win, tool)
A person may only win one prize per month. The Ubyssey reserves the right to
| withhold prizes. Winners must be members in good standing of the Ubyssey
Publications Society. So there. Also, any submissions may be published.
Ubyssey staffers are ineligible to win.
Just drop by Ihe Ubyssey business Office in
SUB room 245 to pick up your stuff. strc6tcrs
5
we
asked you:
TDo you know what
happened here during
APEC two years ago? Do
you care what s going
011 with, "the inquiry?
ltsth*
!!*"■
M» Ml lit **l
mm Mat as* atiitt
(553 i^S w^ IBS
£5? $9 """IBS' l&R
and a bag of chips
Iff pit '#lt
PIS  *iil
us   f$$H   mm
«,  ***"• mm.
SI *
torn.... £?t
I was there and I saw that they got
attacked by police. It was pretty
wrongfully done...Looks like they
said the PM is not involved in it, but
I think he is...I was just watching it
[on the news], it was pretty crazy.
—William Pha
Arts 3
mW.
Hugh Stewart r focusp
Public Complaints Commission as he finishes the
first leg of his testimony. He is expected to give
another week'srtestimony next month. Whew!
V}^
tip
'
p   ->.. u t.
Well, I used to because of the
whole human rights issue and...
about how it seems the Prime
Minister took sort of a fascist way
of dealing with things...But it's not
a top priority when I go reading the
newspaper.
—Angie Chan
Arts 3
^ Find out everything you would ever
y\fnt to jmow aboyi UBC's women's
:i  and men's basketball teams.
.     Rookies, veterans, squeaky
shoes-we have! all.
CHEF
.1*3
Sa:
^
The crazy manic
circus that is Uz
Jsme Doma hits
town on Monday
Be afraid. We are.
:w\
►V
No. Not really.
—Mira Bhadlawala
Science 2
CROUS
SAVEURDEBBQ
™-"-g(»: - ra*"V>a.'tf        ■iP*'
■«? t»ttsTsWs\
m .*szl.....
c?
_a
I know that [Staff Sgt. Hugh]
Stewart is saying that the Prime
Minister wasn't involved, but it
seems really unclear what's going
on in that whole system...I think
that they're trying to prolong the
process to the point that the public
isn't interested anymore in finding
out what happens.
—Joel Wiens
Science 3
Give parenthood
a chance, please
It was a great reflet to see some realistic
and intelligent comments in the abortion
debate that has been j^ing onthis cam-
| refer to the yotffig wom%v in the
gnal Appeai, Oct.
13] and Greg Mitchell's eloquent defense
of adoption [Oct.19]. So far, tfee histrionics from both of the extreme^^ctions
have been both disgusting and per%se.
I dislike the way anti-abortionists
their instructions from a religious viev
point and the feminist notion that the"
fetus is part of their body, their sole property, and that they can do what they want
with it. Both sides are extremely selfish
and self-serving.
I would like to offer the young woman
another option (but fear it is too late).
That is to have the child. I can imagine
that her world has been turned upside
down and all of her dreams must seem in
jeopardy. It does not have to be this way.
She has a family for support of both her;
and the child. Her career aspirations can^
still be fulfilled;
done this wbfie raising a family. Why
destroy aJl*e*Tor convenience sake? It is
imvenient to raise a family. She is
a perfect age to have children and she
might be surprised at how wonderw&fca,
mother she will be and how well the child
will turn out. If she aborts the child she
will never know and this fact will follow hef*
through life. She never mentioned tip
father, but it is also his child and ' *,~"^
she has let him know. I really hope that
she comes to a decision one way i
other and accepts it. She made a ofea for
understanding but she should bd aware
thatjryjiiesreal world she is goin#to face
fe hosfcgity no rnatter vfiaX she
decides. Givlfparenthood a chance.
ly Laycock
UBC Staff iober 29, 1999 • page friday—the ubyssey magazine -
WEST 10TH OPTOMETRY CLINIC
PATRICIA A. RUPNOW, B.Sc, O.D. *
STEPHANIE BROOKS, B.A., O.D.
MEG SEXSM1TH, B.Sc, O.D.
DOCTORS OF OPTOMETRY DEDICATED TO EXCELLENCE
Phone: (604) 224-2322
4320 West 10th Avenue Vancouver, B.C. V6R 2H7
GENERAL EYE HEALTH AND VISION CARE
• Denotes Optoraetric Corp. Email: inrofihvestlOthoploinetry.bcca
The American College of Traditional Chinese Medicine
of San Francisco, California will be on campus to present
CHINESE MEDICINE DAY
Don't Miss This Special Event!
There will be lectures on:
**■ Acupuncture with Demonstrations
*»• Herbology
**■ Chinese Pulse Diagnosis of Chinese Medicine
**• Career Opportunities
**■ and Admissions Information
November 8th, 1999
in the Student Union Building, Room: 216
from 9:00am to 3:00pm
RSVP by email TO ShirleyCorfee@actcm.org
Seating is very limited so please reserve a spot today!
The American College of Traditional Chinese Medicine
455 Arkansas Street, San Francisco, 94107
Phone: (41 5) 282-7600 • Fax: (415) 282-0856
http://www. actcm. org
99 Chairs
Bistro Pub
at the David Lam Research Centre
There'5 a chair waiting for you...
and your friends!
IB( FOOD SERVICES www.foodserv.ubc.ca
VANDALS DESTROY SAPLINGS: Between 1000 and 1500 trees were destroyed Wednesday at a silviculture research site near TRIUMF. The trees were th« property ot BC Research, a private company that
was conducting research, primarily for the BC Ministry of Forests. The trees are said to be valued in the
hundreds of thousands of dollars, while the costs to research are substantial. "It's still early stages of
going through and seeing what can be saved," said Bob Goold of BC Research. Thc campus RCMP are
currently investigating the vandalism, tara westover photo
"Dutton" from page one
er just like it.
What happened before their next evening together, on
January 5, is unclear. Dutton did not, he says, hang up on
Mahmoodi when her brother answered the phone. He
denies even calling to invite her to dinner, or offering to
pick her up. He did finish making her the tape.
The tape again. The beginning of side two. "It's a very
complicated system," the taped voice says. Dutton
insists this was not his voice—it couldn't be, because his
stereo is "the simplest thing in the world to run."
Four songs on the tape. Loreena McKennitt. Then
Mahmoodi asking about Dutton's wife. "Mexico."
Fragments of conversation, but only fragments.
Dutton's voice.
"...had physical contact for a longtime..."
"When I had that I realised that, yeah, I have really
missed..."
What happened that night is unclear. He did not, he
says, ask her to dance. He did not kiss her, or fondle her,
or lead her to the guest bedroom, or take off her clothes.
He denies all these charges.
The tape again. Dutton says that soon after it ended,
he drove her home. Footsteps on the tape, then only
music. The fire crackling. Eighteen minutes pass. A muffled "shit," and the tape ends. Gordon, in her report,
determined that the voice was Dutton's, and the footsteps theirs.
Dutton testified that he had done nothing to create
a sexual atmosphere in either of the two meetings at
his house, that everything was normal. Mahmoodi
was taking a directed studies course, and Dutton was
acting as her advisor. Which is why he was so
stunned to receive Mahmoodi's letter of complaint in
March, two months after their evenings caught on
tape. So surprised, perhaps, that he forgot to mention that there were two nights at his house when he
met with Sharon Kahn. UBC's vice-president of equity, about Ihe letter. So surprised that he also gave a
Vancouver ponce office. sh« impression that there
had only;been onej$j$ki^*~ «Xlp v^'^T^T^s,
He wab busy ond foi^etfui. tie testified Ho "just s>itv
ply couldn't remernbei the two meetings."
"I remernb^hsd bits ani pieces fro, n each 0110, but I
just didn't rt"TU?mbi;r Utti-i «js occurring at Jw sjepW^tS*!
times."
Forgetful. Busy. Enough to neglect to tell Kahn about
the candlelight, the burning fire, the tape. Enough to tell
the RCMP only about one meeting with Mahmoodi at his
house. Enough to write in his first memo to then-department head Anthony Phillips on March 9 that he did not
invite her to his house. But not forgetful enough to
remember that, as he said in testimony, "she became
seductive."
Gordon had little sympathy for Dutton's apparent
confusion, writing in her report that "he has consistently attempted to put an innocent gloss on his
actions, while shifting the blame onto Mahmoodi for his
own lack of judgement." She cites incidences of suppression of evidence, bending of the truth, implausibil-
ity, and disingenuity.
The confusion is obvious. But were these evenings
sexual? This is the central question. Gordon concludes
that the atmosphere during these visits was indeed sexual, that they were more like dates than business meetings. And so she found Dutton guilty of sexual harassment, not on the allegations of sexual touching, which
remain unfounded, but on his "imposition of a sexualised
environment." In other words, it was not such an average
night.
This resolution, perhaps predictably, seems to have
pleased no one. Parfitt has complained that the
award was too small, and that her client was disappointed. Mahmoodi has still not been accepted into
graduate school. Her reputation, like Dutton's, is in
shreds. Dutton, meanwhile, has spent $100,000 on his
defense. And he will appeal the decision.
Now, five years after Don Dutton first met Fariba
Mahmoodi, there are still two vastly different stories
about what transpired between the student and her professor. Much^temajngjjnTkngwn. AJl.thatwe do know is
that Dutton crossed the tm« that should have &ep.irated
his professional life fiom his social life.
"Mow, the university has said [Dutton] did something
wrong," said Parfitt. "The Human Rights Tribunal has said
that fte del sometJlng wrong, &&$ he still doesn'tjaccept
trint So. on>.* ■.venders; if theiu's a tnUinal on the planet
^I^^M^^W^Pt^^^Sfi^^tft^iw^lol^l rim that
he'd dune something wrong.^^^^^^        ; I
fy|] What happened that night is
unclear. He did not, he says, Lisk her
!; to dance. £J § did not kiss her, or
j fondle her, or lead her to the guest
!   bedropli, of take off her clothes.
';=,»vHe.d^ ■' j
m ■ page friday—the ubyssey magazine*friday, October 2S
Stewart defends pepper-spraying
UNDER PRESSURE: Staff Sgt. Hugh Stewart as he was questioned at the RCMP Public
Complaints Commission on Monday, tara westover photo
 by Daliah Merzaban
In his fourth day of testimony at the RCMP Public Complaints
Commission (PCC), RCMP Staff Sergeant Hugh Stewart said
that he didn't intend to pepper-spray more than the five individuals he perceived as a threat at the 1997 APEC conference
at UBC.
It has been almost two years since Stewart—often dubbed
"Sergeant Pepper"—notoriously pepper-sprayed startled
protesters and CBC cameraman Robert Douglas, after
only a nine-second warning to
clear the road at Gate 6, near
Place Vanier Residence.
But despite rumours to the
contrary, Stewart insisted that
his spraying of the cameraman
was unintentional.
"I said 'I'm sorry. It shouldn't have happened,' and I apologised and offered to buy him
lunch," said Stewart when
questioned by his lawyer,
James Williams.
However, Stewart maintained that his apology did not
mean that he acted improperly
by pepper-spraying protesters.
During his testimony on
Wednesday, Stewart told the
Commission that pepper spray
was the best option available
to the RCMP to restrain protesters, and was a better alternative to hitting people.
Stewart testified that he has
personally been exposed to
pepper spray, and that he feels
sympathy for those demonstrators sprayed during APEC.
And, in across examination
yesterday by Michael Doherty,
the lawyer representing the BC
Civil Liberties Association,
Hughes further insisted that ,
although he aimed at five specific targets at Gate 6, Douglas
was not in his line- of-view.
"I would suggest that Mr.
Douglas had moved forward.
And if he did that then, quite
frankly, he was the master of
his own making."
Despite hitting Douglas and
the "unfortunate" excess spraying that Stewart said inadvertently resulted, Stewart said that his actions were not out of
line.
"I defended myself. And quite frankly I was concerned
about defending myself," he insisted. "I was concerned about
getting people off of me and not having them assault me."
Stewart also said that he used pepper spray unintentionally when he arrested anti-APEC demonstrator Mark Brooks.
"I felt that he would cause a further breach of the peace
and I therefore arrested him," he said.
"I intended to arrest Mr. Brooks. I had no intention of using
OC [pepper] spray. It was absolutely accidental."
Stewart contended that he restrained Brooks with his left
hand, while a "muscle reaction" in his right hand caused him
to inadvertently douse Brooks with pepper spray. He added
that he "misjudged" the amount of strength that was needed
to be exerted to trigger the spray.
He noted that the pepper spray canisters have since been
remodeled to prevent accidental use.
Cross-examiners also pointed to the lack of a clear RCMP
contingency plan to deal with a student road block.
Cameron Ward, a lawyer representing many student complainants, compared the event at UBC to an incident occurring
only a few months prior at King Island, BC, at which Hughes
was a participating officer—and didn't use pepper spray.
In June 1997, Natives and environmentalists concerned
about clearcut logging in Native territory blocked off a roadway
on King Island. Ward said the situation was very similar to the
Gate 6 blockage at UBC.
"I have never used [pepper sprayj on persons seated on a
roadway, blocking a roadway, prior to November 25," said
Hughes, who agreed that the Stanley Cup riots—where pepper
spray was used—was "absolutely" a different situation.
Ward suggested that at UBC, the RCMP's actions were
inconsistent with standard RCMP protocol in dealing with
demonstrations. Ward cited an incident-management model
that aims at helping officers understand what levels of force
are appropriate.
Ward's assertion that Stewart "departed from standard
RCMP protocol" at UBC—by not adequately informing protesters of authority and the consequences—sparked an adamant
denial by Stewart.
Stewart insisted that the two situations were not similar for
many reasons, including the means and available equipment,
the fact that the RCMP had a court injunction to clear the roadway in the case of King Lake, and especially, the amount of
time the RCMP had to deal with each situation.
Officers had an entire day to deal with the Native incident.
Stewart also repeatedly refuted attempts by lawyers to link
him to the Prime Minister's Office.
Part of the mandate of the PCC, headed by retired judge
Ted Hughes, is to determine whether Prime Minister Jean
Chretien directed the RCMP to ensure that there would be no
visible signs of protest for fear of embarrassing the foreign
leaders at APEC.
"I didn't notice any political pressure of any type whatsoever," said Hughes.
Forty-nine people were arrested, and over 40 public complaints were filed about RCMP conduct during APEC. The PCC
was established to determine whether the RCMP officers used
excessive force during the summit that brought the 18 APEC
leaders to campus. ♦
Student's Thunderbird eviction appeal denied
 by Sarah Morrison
A short meeting downtown ended
Thunderbird resident Jon Chandler's efforts
to appeal his eviction from residence. But the
university will likely allow him to stay in residence, even though he is not a full-time student.
Chandler, vice-chair of the Alma Mater
Society (AMS)'s External Commission, had
not paid his residence fees for September
and October. When the UBC housing office
investigated his records, they discovered that
he was not a full-time student at UBC, which
contravenes the requirements for living in
residence.
Chandler paid his fees on October 13,
once his student loans were processed.
However, he was served with an eviction
notice the same week.
The university requires students staying in
residences to be enrolled in at least 80 per
cent of a full-time course load. Chandler is
currently taking 60 per cent of a full course
load, which, he points out, makes him a futl-
time student under the criteria for BC student*
loans.
A Thunderbird resident since June 30,
Chandler wanted the BC Residential Tenancy
Board to overturn the university's decision.
He appealed UBC's decision, and the two
sides met Tuesday before an arbitrator.
At the meeting, Chandler requested a
delay in the hearing, since he was only
served notice of the meeting on Saturday
evening, and because his legal agent, AMS
Policy Analyst Desmond Rodenbour, was out-
of-town on the weekend.
chandler asked tor a "The reality is that we're fairly
on     flexible in interpreting the
two-week extension
his case, the amount of
time he predicted it
would take UBC's
Student Legal Fund
Society to decide to proceed with, and fund, his
case.
The arbitrator rejected Chandler's request
for an extension, however, as, legally, only two
full days of notice need
to be given.
Ultimately, the arbitrator of the case deemed that, because
Chandler lives in residence, his case could
not be heard under the Residential Tenancy
Act, with the result that she had no jurisdiction to hear the matter.
"The Residential Tenancy Act is for the
whole province, but there are certain groups
that are excluded from this operation. The
housing rules...And in many
cases, I'd suggest most of the
cases, we can come to a satisfactory arrangement with the
student."
-Bob Frampton
Assistant Director of Residence
Administration
university falls within the exclusions in this
Act, so that the university housing would fall
under this exclusion, as well as certain other
types of housing," explained university lawyer
Mark Crosbie.
"Because they don't have jurisdiction, in
this case, the
Thunderbird residents
would not be entitled
to go down and have
an arbitration at the
Residential Tenancy
Board," he continued.
The university
claimed that students
in UBC's single-student residences were
licensees, rather than
tenants, based on
three main points.
Before they move
in,  residents  sign  a
contract agreeing that
they are entering into a licensee/licensor
agreement and that the Residential Tenancy
Act does not apply to them.
In addition, Thunderbird residents share a
general living area, and only have exclusive
possession of their bedrooms.
Finally, all residences (excluding Acadia Park
Student Family Housing and the  University
Apartments Faculty Housing), students are subject to a standards system, which the university
claims proves that it retains control over the
residences.
"The type of housing rules that apply to
university residents, and not just at UBC, are
not compatible with the type of tenancies
that fall under the [Residential Tenancy] Act,"
summarised Crosbie.
Although he wasn't happy with the outcome of Chandler's hearing, Rodenbour
agreed that the arbitrator had little choice in
the matter, according to the Act.
But Assistant Director of Resident
Administration Bob Frampton, explained that
the university is flexible in dealing with student residents who have a valid reason for
taking less than a full course load.
"The reality is that we're fairly flexible in
interpreting the housing rules...And in many
cases, I'd suggest most of the cases, we can
come to a satisfactory arrangement with the
student," said Frampton.
And UBC and Chandler have tentatively
reached such an agreement, allowing
Chandler to stay in Thunderbird without
enrolling in extra courses.
"I think my priority is that I want a place to
stay...that's where I'm living now; moving's a
pain in the ass, and I don't want to do it right
now," he said. ♦ £ trie
itober 29, 1999 • page friday—the ubyssey magazine ■
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B-ball Birds look t
1
1
j
by Daiyl Wener
A youth movement usually means a painful year, and
the 1999 UBC men's basketball team is young—but
they're also talented, and could be in line for a great
year.
Despite the loss of the starting backcourt of
Stanleigh Mitchell and Dominic Zimmermann, the
Birds are optimistic they'll improve on last year's
decent 11-9 showing which landed them in fourth
place in the Canada West. The 1998 team had a
strong defence which surrendered a mere 70 points
per game, second to the University of Victoria Vikes in
the six-team Canada West conference. This year's
squad hopes to shrink that gap.
The 1999-2000 team is younger and bigger than
recent teams. Size was a major problem last year, but
this season UBC can put five players 6'4" and taller
on the floor at any given time. That should make the
Birds' defence even better than it was a year ago.
"This year we've added seven terrific players, and
five of those are right out of high school," said head
coach Bruce Enns, now in his 14th season at UBC.
"We go to practice everyday with a sense of expectations, and these guys get better everyday. The ques
tion is to what extent we can translate that into good
performance in games."
And there will be voids to fill from last year's team.
Mitchell, a Canada West first team all-star and UBC's
top scorer and leading assists man will not be on this
year's team. His 4.3 rebounds a night will also be
missed.
"It's a loss," said Enns about Mitchell's absence
this year. "Stanleigh was a very talented player. He
was a very effective player. We're going to miss him,
but we...will move on and Stan's going to be a good
member of our alumni."
Also not back from last year's roster are
Zimmermann, forward Beau Mitchell, forward Jamie
Wilmott, and guard Greg Sandstrom.
Another key player who starred on last year's team
but may not be able to play this year due to injury is
forward Sherlan John. John, a 6'5" fifth-year forward
who led the team in rebounds has an abnormal wrist
injury that will take a long time to heal.
"They just took the cast off, which is good news,"
said Enns. "[The doctors said] it will be at least another three months. We're still hoping that somehow
before the end of the year Sherlan will be able to make
a contribution to this team on the court."
              If John is not able to play
this season, he will be sorely
missed. These losses will be
filled by many faces but no one
may be as adept at offsetting
the losses than 6'4" fifth-year
guard Nino Sose.
Sose, a Canada West all-star
who was unable to play last
season due to back surgery, is
back at full strength, and could
very well be the Thunderbirds'
top scorer in the upcoming season. He will also add some
much-needed veteran leadership to what is by far the
youngest team in the conference.
Jon Fast, a 6'5" fifth-year forward, is also being looked upon
to provide strong leadership.
Fast is UBC's leading returning
scorer at 13.1 points per game,
and has been named a team
co-captain.
"Jon ha
ing the yea
have been
tion. He c<
rebounder,
the seasor
The ba<
Kevin Kee
Kolla is I
points per
the feisty k
paign.
ev
of I
th
evi
is
ca
n
Fourth-;
returns to
other retui
ond year p
per game)
Those j
year's rosl
way is wh
tion." The
year-old, fi
ning the f
heads aro
"PeopU
soon," sai
man. Trerr
YOUNG BLOOD: Six talented, first-year players
team. Birds shown driving hard in practice, s
is a 6'10" addition to the team, tarawestovei
Women Birds enter
byNa
DRIVING TOWARDS THE PLAYOFFS: Third-year guard Charmene Adams takes con-
tror of the ball in practice as head coach Deb Huband watches from behind.
Adams is just one of four returning starters this year, tara westover photo
The bigger and better UBC women'
ball team is back for the 1999-200C
and they're looking to stir up some
"There's a few things that we
focusing on this year," says UBC he
Deb Huband. "One is to take our di
a new level so that we're consistentl
problems for other teams and maki
cult for other teams to score in easy
turning our defence up that notch, t
tunities for getting the wins will impi
And every win will be importar
Birds if they hope to improve on last
10-10 record and third consecutiv
place finish in the Canada West. Altt
team ultimately has its sights set on
nationals, just getting out of the Can
conference will be the biggest
they'll face.
Last year, the CIAU final was an a
West matchup between the Uni\
Victoria Vikes and the University c
Pandas, with the U of A prevailing 5
this year's Birds have stepped up
those teams with size, depth, and a
approach. to bigger goals
■ page friday—the ubyssey magazine*friday, October*
ion has made the most progress of any player dur-
he year. I would have never thought that Jon would
been a captain, but he was a unanimous selec-
He can play inside, he can play outside, terrific
under, great defender. Jon has been our MVP in
season [exhibition] thus far," said Enns.
ie backcourt combination of fifth-year swingman
i Keeler and second-year point guard Courtney
i is looking impressive. Keeler averaged 8.2
:s per game in limited minutes last season, while
eisty Kolla hopes to improve upon his rookie cam-
"We go to practice
everyday with a sense
of expectations, and
these guys get better
everyday. The question
is to what extent we
can translate that into
good performance in games."
—Bruce Enns
ubc head coach
)urth-year starting forward Jason Bristow also
ris to the squad, but has been injury-plagued. The
returning players from last year's team are sec-
ear players Ben Sansburn (1.7 points, 1 rebound
ame), and Mike Burak.
lose are the veterans, but the excitement on this
s roster comes from the newcomers. Leading the
is what Enns likes to call his "Toronto connec-
' The better of the two is Zaheed Bakare, a 26
)ld, first-year science major, who at 6'2", is man-
the guard position. He is bound to turn many
s around campus this upcoming season,
'eople don't know [Bakare] now, but they will
," said Enns. "When the going gets tough, Z's the
Tremendous athleticism."
In Bakare's second exhibition game against Trinity
Western University, he scored 18 points in the 72-56
win. The other member of the Toronto connection is
6'3" first-year guard Jama Mahlalela who should prove
to be a tenacious defender.
Another newcomer is third-year 6'7" forward Aaron
Frampton, who played two years at Douglas College.
The Pitt Meadows native has fit right into the UBC system and was the Birds' most tenacious rebounder in
the preseason. Expect him to be taking tip-offs and
leading the team in rebounding this season.
"Aaron's learning that the next level is much, much
more physical. He can play inside, he can play outside, and he's just a great addition to our team," said
Enns.
Rookie forward Brian Host, from Richmond, has
the size, at 6'10", to wreak havoc on any opponent.
He has impressed at camp thus far.
"He is doing very well," said Enns. "Right now he's
got a banged-up hand. Watch for Host to be a great
player. He's got five years left and we think our inside
game will be really solid in not too long."
Despite his great potential, it is doubtful Host will
make a serious impact this year. Hopefully, he will
learn well from the veterans and become a major
standout for UBC down the road.
The rest of the roster is filled by rookies: Alex Filion,
a 6'4" swingman from Sudbury; Adam Nicholson, a
6'7" forward from New Westminster; and Craig
Rollins, a 6'2" guard who led St. Georges Secondary
School to the BC AA provincial high school championship last year. Expect Rollins to redshirt this season.
This year's UBC men's team has no shining stars;
nobody is considered to be the go-to guy. Some may
see this as a major problem, but Sose sees that as a
team strongpoint.
"We have great teamwork. No one acts like, 'I'm
the guy.' I'd say that's our strongest suit," said Sose.
On the down side, inexperience could prove to be
this team's downfall. It will be interesting to see how
such a young squad holds up through adversity.
The exhibition season proved to be a huge success. UBC defeated the number one-ranked St.
Mary's Huskies 72-66 to win the New Brunswick
Invitational Tournament. We may finally be seeing the
future of UBC Thunderbird basketball.
The men's basketball season tips off at War
Memorial Gym against the Brandon Bobcats on Friday,
October 29 and Saturday, October 30 at 8pm.«>
ayers will have to step up to fill large holes left from last year's
ice, above left. Rookie forward Brian Host, above right in white,
iTOVER PHOTO
new season with size and depth
y Naomi Kim "In the past, we've relied a lot on our
inside game with Jessica [Canada West MVP
nen's basket- Jessica Mills], which will be there again this
2000 season, year," says Huband. "But now we have a
>me trouble. perimeter game as well. We have a lot of scor-
t we're really ing punch, we have a lot more depth...I think
C head coach we're quite well-balanced."
>ur defence to Seven returning players will make up what
tently causing Huband calls a "strong core" for this year's
naking it diffi- team, four of whom were starters last year.
*asy ways...By Leading the team will be team captain Mills,
ch, the oppor- a fifth-year player who keeps improving year to
improve." year. She was a second-team Canada West
)rtant for the All-Star in 1997-98, and last season, she was
last season's a first-team CIAU All-Canadian and led the
cutive fourth- team in scoring and rebounds. So far this
. Although the season, Mills has already been named tour-
;t on the CIAU nament MVP at the  preseason  Ryerson
Canada West Tournament.
;st challenge "She's very solid, and almost unstop
pable," said Huband about the 6'0" for-
an all-Canada ward/post, who is balancing her first year of
University of medical school with the commitment of bas-
ity of Alberta ketball.
ig 54-46. But The veteran starters also include guards
up to match Charmene Adams, who started at the point
id a balanced last year and is now entering her third year,
and fourth-year guard Stacy Reykdal. Second-
year point guard Julie Smulders, who was
named to the Canada West All-Rookie team
last year, started after midseason and is "a
really up-and-coming young athlete."
But UBC also suffered a loss in the offseason. Starting rookie forward Jennifer
MacLeod, who also made the Canada West
All-Rookie team last season, was also expected to return this year. But she was declared
academically ineligible and taken off the roster last week.
"It was a pretty big loss because she was
one of our starters," says Mills. "But we have
a lot of good rookies that are coming in and
they really seem to be stepping up and picking up a lot of the load so I'm still really excited about this year."
The newcomers this year include top
provincial high school players who will help
the team mainly around the perimeter. Both
Agassiz Eagles guard Carrie Watson and
Kitsilano Secondary forward Lia Grainger
were all-stars on the BC under-19 team.
Watson was a starter despite being an under-
aged player.
"[Watson] is an exceptional athlete and
has incredible potential as a basketball player,"  said  Huband.   "Good  scorer.   Good
rebounder."
Grainger is also a scorer and rebounder,
jumps well, and runs the floor fairly well, but
her size will come as the biggest benefit for
the team. Standing at 6'2", Grainger will help
the undersized Birds against some of the
taller teams.
Another high school player, guard Lindsay
Cox from Duncan, BC, is described by
Huband as "one of the top players from the
island...She's very smooth offensively and
knows how to score."
And to balance the new rookies will be the
experienced rookies from other colleges and
universities—Douglas College transfer guard
Carrie Rogers will "add a lot of punch from the
perimeter."
6'1" post Jennifer Washburn will be an
unfamiliar name to the team to start the season after transferring from the University of
Lethbridge, and she will not be eligible to see
the floor until January. Washburn has been
out of basketball for a number of years, but
will add much-needed height to a UBC team
that averages 5'11".
With skills and height arming the new players, combined with the experience and talent
of the returning players, the T-Birds are work
ing together to reach a balance between the
two, and to accomplish their goals.
"Obviously I'd like to get to the conference
finals and then get to [CIAU] nationals. That
would be my main hope, goal, dream," says
Mills. "But I think right now, just because
we're getting used to ourselves, right now it's
every weekend at a time."
But the new Birds have not been slow in
adjusting or getting this season underway. In
a preseason Ryerson Tournament in mid-
October, the UBC team beat McMaster
University 82-45 before going on to win the
gold medal match 5344 against UVic. These
results may be an indicator of what can be
expected from the Birds this season.
"We have the talent to do well at nationals," said Huband. "It's just a matter of 'Can
we get out of our conference to get to nationals? Can we do well enough and be consistent enough in our league that we'll put ourselves in a good position in the playoff standings and finish the job to qualify for CIAUs?'"
The Birds will have a chance to answer
these questions when they start their new
season against Brandon University at War
Memorial Gym on Friday, October 29 and
Saturday, October 30 at 6:15pm.* )ber 29, 1999 • page friday—the ubyssey magazine ■
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oxBoys Don t Cry
BOYS DON'T CRY
now playing
by Vanessa Ho
Frightening, absorbing and devastating are the three words that come to
mind when describing the film Boys Don't Cry. Director Kimberly Pierce's
feature film debut brings to life the true and tragic story of feena
Brandon/Brandon Teena (Hilary Swank), a young Nebraska woman who
posed as a man and was brutally raped and murdered when her secret
was revealed.
The movie delves deeper than her murder and the events leadingiip
to it. Pierce's film deals more with Brandon's discovery of inner peace,
his search for a place where he can start afresh and truly belong.
Brandon believes he has found this when he arrives in Falls City,
Nebraska. Soon, this charmer and
loner becomes friends with two
local trouble-makers (Peter
Sarsgaard and Brendan Sextop III).
He has also charmed the women
in town with his gentleman-iike
demeanor. In particular, Brandon
has caught the eye of Lana (Chkse
Sevigny) and the two fall in Ipve.
Yet, always lurking in the background, is the shadow of
Brandon's true self.
The scenes in which we see
Brandon assaulted are the m|$t
horrifying to watch. However, one
of the strengths of the picture is
that Pierce doesn't tint the scjfeen
with rose coloured glasses. She shows us every raw and gut-wrencning
detail of Brandon's complex life.
Another high point is Swank's performance. Her ability to blur theogeh-
der line is truly remarkable. In one scene, we see her transfornfjfinto
Brandon as she "straps and packs" her breasts and strategically plarjes
a sock in her pants. When you look at her on screen, she resembjes^a
young man and it is easy to see why his friends and the town were failed.
Ultimately, Boys Don't Cry is an emotionally gripping film who|e
images remain with you, long after the film has ended. ♦ |l|w
Touch  me,
GENDER-BENDING: Chloe Sevigny
and Hilary Swank as young lovers in
Soys Don't Cry.
PLEASE TOUCH
at the AMS Gallery
until Nov. S
by Michelle Mossop
With an eye shield in place and an
audio tour guide at hand I go
behind the musty curtains and
enter the exhibition Please Touch
at the Alma Mater Society Art
Gallery. What feels like a self-help
audio series chimes in my ear:
"Thank you for coming to experience Tactile Colour..." Elevator
music then begins, and the show
commences.
I find myself
touching a male
torso. Alternating
between what
feels like peach
fuzz and sandpaper, I try to uncover the pattern on
the cast. My fingers fumble clumsily along the contours of the piece
as they attempt
to follow the lines
of the chest. I lift up my eye shield
hastily to look, half-embarrassed,
at the piece I just felt-up. Sure
enough, there is a tattoo pattern
made of the tactile colours pink
and blue on the piece by Miles
Lowry, entitled "Tattoo."
With works made by a variety of
contributors, ranging from either
seven-year-old visually-impaired
children to fully-cited professional
artists, Please Touch is an exhibition of original collage and sculpture made with textured self-adhesive sheets. Using the Tactile
Colour system, which enables people  to  identify  by touch  twelve
THE TALL FLOWER: Now appearing on the fridge at the AMS art
gallery.
colours that are represented bjpl2
different tactile surfaces, t|e
artists had the challenge of creating a piece of art based not or|jaes-
thetics, but rather on feel ar|d
touch.
With "My Island Home," Iftist
Ray-Jayne Peters attempts to communicate  the  liveliness  of  her
home  environment with   orgaj|!c
shapes and soft textures, represented by the warmer coloup of
red, orange, yellow, and tan. V\||h
the audio guide doing its job, I
recognise a red and yellow lin in
the centre of the  piece, gra^y
shorelines, .^to-little pink and yellow
flowers. Howefgr, I
o don't find it telibly
\ thrilling. 4
The worr^ar»%
voice on the|pidio
tape starts |to
sound more aid
more like throne
that announces
the stops o^le
SkyTrain. AltBough
the exhibit ^,, a
refreshing w^to
manipulate new mediums of Jrt
and has purposeful intentions,; ine
combination of the godawful
music on the audio guide, 1|ie
repetitive colour schemes, and Se
length of the tour is enou^i to
understand the candid commerjfs
by Solomon Krause-lmiach, Jkitj-
dent at Evergreen Independent
School. When asked to say something about his work, "TheilraM
Flower," or about the Touch Tex|!e
in general, the young boy's only
comments were: "Workingpyvith
tactile colours isn't very interesting." And, well, the kid is somewhat right. ♦ -page friday—the ubyssey magazine*friday, Octobertj^flj.$§l
\  UZJSMEDOMA
at the Starfish Room
Nov. 1
*
by Duncan M. McHugh
WOW! THIS BAND
ROt#*N
I have never been to the Czech Republic. For rife, the country can be summed
up by absinthe, borscht and my friend Paula. I simply do hot have the cultural
background to take on a band like Prague's Uz Jsme. Dqma. What form of music
is indigenous to the Czech Republic anyway? The cl6|«fst I've gotten to Czech's
musical heritage is watching the video for INXS' "Never T«Hir Us Apart," which was
filmed in Prague. Oy!
Nonetheless, when Uz Jsme Doma's lead singer, MirekiWantek, called from a recent
tour stop in New York City, I was ready. I had read some Kafka the night before and eaten
schnitzel—all in an effort to have myself primed.
thought that I'd start off slow. I'd ask about their influences. When the most fitting description of their music is that it is "the soundtrack for an epileptic J§§|> film," I imagine|jhe band must
have some fairly disparate influences. hlfll*
"From the very beginning, we listened to some punk bands. You know, like Sex Pistols, The Clash and all this
stuff. And, at the same time we got this music about the Rockin' Opposition, from European Avant Garde musicians and also some American bands, especially, in the first place, the band
The Residents."
It was early 70's experimental band Tf» Residents that had the most effect on Uz Jsme Doma when they formed in 1985. The brain child ot Winek and tenor saxophonist/vocalist
Jindra Dolansky, the band was originally a six-piece that was technically illegal, due to the strict laws of the then-communist
government. In fact, it took five years, an<i use fall of communism, for the band to record its first album, In the Middle
of Words. However, nine years and seven albums later (the latest of which, Ears, is being released in North America
and the Czech Republic in November), things are much different for Uz Jsme Doma and for their hometown.
"Prague has come to be one of three culture centres in Europe now, besides Paris and Berlin, and maybe
Amsterdam as well," says Wanek. "I'm glad about that, there's a lot of people coming in there, a lot of
tourists, a lot of bands, a lot of artists... I'm really glad about that. Of course, Prague was beautiful
even before [the communist revolution}. The spirit of the town is much more open now, much more
modern now."
11111111111
One key to Uz Jsme Doma's continued success is their popularity on this continent. One might
mm
think that a band that performs entirely mCzech would be inaccessible to a North American and
English-speaking audience. However, considering the success of a band like Rammstein (of
whom Uz Jsme Doma appears to be a Slighty goofy, much less morose cousin), these concerns
prove unfounded.
Wanek agrees, "I don't feel anylBpb/e difference between reactions [by European and
North American audiences]. Of course, on concerts, even if I were to sing in English, you would
not understand Jt at ait. Not becausktjirny English, but because of sound system.
"But the feeling, you fcnow, that enorgy and that reeling is just something international,
something which does not need really translation. People can get it any place we play."
For Wanek, this would seem particularly true of 'Vancouver,
"Vancouve| is definitely—if rtot nu&^r one—one Of tnree.xlour cities which we like the best
in North America; And personalty, it's number two, after.San Francisco. We always have very good
crowd there (in Vancouver), we alw^Save very nice response from audience and we talk to a lot
of people, we met a lot Of friends oyer there. We'just like it"
So cozy are thePPinour town^^^feir only liwWifm was recorded here. Known for their manic,
circus-like concerts, the live Uz J..rnc Dorn.i experience is something not easily described.
"Basically, I would say some < neig»,. hope some positive energy is coming from our playing," says Wanek.
"People, usually, are kind of realljPek&tediiand I hope they are entertained, but at the same time, they are educated, kind of. Educated by having i>cme nice experience after the show. That they'll get some, I don't know exactly
what but, some good message, some nice fueling, or, I don't know, I hope so. It's our goal." Urn, yeah.
Look out for Uz Jsme Doma # the.: Starfish Room this Monday. Wanek is aware of the bad timing of the gig.
"I'm a little bit afraid, because it is Mondtiy and it's after Hallowe'en. I hope people will not have headache, hangover. I hope people will show up and we can have some fun together.'
Though I'm not sure what mualcii3ns;|rorn Prague do for a good time, I have to imagine it'll beat studying. So, let's all go crazy... Uz Jsme Doma style]
#*
ROAN*
THE LIVING CLOSET
at the Church of Pointless Hysteria
Oct. 29
by Matthew Smith
You probably didn't know that you are living In a closet of sorts. It's rather big, and
filled with lot* of people, so it's not surprising that you may not have noticed. The
Living Closet is a metaphor used to convey the belief that there is an abundance
of ti-.:ents in this city in search of a safe, nurturing environment.
Fresh artists of al mediums are Currently buildiitig tines' Confidence and skills in
front rooms, ibaek rooms, basements, alleyways, or even closets. And this
L/WngC/osefstrives |l br|||:Bll|::together in a celebration of their talent that
will continue beyond the closet's walls.
It all began last year when someone decided to throw a party and invite
all their crejfve and talented friends. Many had never performed before,
yet for everyone involved ft was both a "success and an inspiration. So
inspiratiqjfll, in fact, that some left the party wanting to make the showcase a regular event. The end result was The Living Closet.
Thesjfdays, a rotating group of four to 12 people take on different respon-
sibilitie^'in organising the somewhat monthly and always unique carnival of
^"   local talent. Each Closet ha$ a different group of performers, which usually
^   involves numerous styles of spoken word, musical groups ranging from guitar/cello
^  duets, to driving funk bands with hip-hop rhymers.
q\o'~        The next reunion of The Living Closet will be this Friday, October 29 from 8pm until
xtiv     the wee hours of the mom. The theme is Hallowe'en, so put on a costume and come dis-
^6       cover some of the stuff kicking around in the back of your closet.
>t,na (cello), Lisa, Joyelle.and Jessica ^d >er 29, 1999*page friday—the ubyssey magazine-
THE LIBERAL ?ARTy\
OF CANADA IS DEDICATfD]
TO ACHIEVING EQVWTY
FOR WOMEN/    >/
f
It's time to quit picking on the girls
Well, boys and girls, with the Dr. Don Dutton-Fariba Mahmoodi
fiasco ringing in our ears, we turn our attention for this lesson to
the state of gender equity in our big, wonderful world. So sharpen your pencils, pay attention, and listen to today's lecture.
Do you know what the longest-running human rights dispute in North America concerns, boys and girls? Is it the
unjust firing of someone over his or her race, gender, or sexual orientation? Is it against gay-bashers in Kansas, or racists
in the Deep South, or sexists in small-town Ontario?
We're afraid it's nothing so obvious as that. The longest-
running human rights dispute in North America is against the
Canadian federal goverment, which, for the lack of a better
word, is your federal goverment. And this dispute was recently resolved, first by the Canadian Human Rights Commission,
and then on appeal by a federal court judge. And your federal
government Liberals haven't yet decided whether they should
appeal again or not! Isn't that super?
Here's the story. In 1983, a complaint was filed with the
Human Rights Commission on behalf of predominantly female
clerical workers. The complaint claimed that the feds were
paying the predominantly female clerical and regulatory workers less than the predominantly male program administration
workers for what amounted to the same work. The complaint
didn't go anywhere, the sides fought back and forth, and nothing was settled.
Then in 1997, the government offered a settlement of $1.3
billion. Sounds like a lot of money, doesn't it? Well, in 1998, the
Human Rights Commission ordered the government to pay $5
billion to the over 200,000 workers affected by over 13 years of
discriminatory practices. Now that is a lot of money.
So, the government had been essentially discriminating
against the clerical workers on the basis of gender for over 13
years, and they got caught and were ordered to pay up. But
what does a little boy do when he gets caught picking on the
girls? Instead of acting properly contrite and accepting his punishment, he spits and he fusses and he tries to get out of it.
And that is exactly what the Canadian federal government is
trying to do.
You'd think that a goverment that says ali the right things
about equality, that has 37 female Members of Parliament,
would work to represent all women. But they're just fussing.
And it's not just the feds. UBC has an extensive equity policy, and on the bottom of job postings it reads "UBC hires on
the basis of merit and is committed to employment equity. We
encourage all qualified applicants to apply." But there is still a
ways to go before UBC is where it should be.
UBC has met its equity goals—51 per cent of UBC employees are female. But unfortunately, most of those women work
in lower- ranking jobs. Look around your classrooms, boys and
girls. Only one out of every four of those who teach you is a
woman. And if you are lucky enough to be a commerce student, only one of the 40 profs is a woman. There have been
numerous flare-ups of department-wide equity issues in the
last few years: the 1995 poli sci fiasco, the Faculty of Law
rumblings two years ago. So the Equity Office still has its
hands full.
But the difference between the Liberals and UBC is that
there are also definite, positive steps being taken by the university in the area of equity. There is still a very long way to go,
but take this example: right now, a study is being conducted
to see if UBC's clerical workers are underpaid, and there is
money for a potential wage hike being held in trust. Boys and
girls, it looks as if UBC is not only determined not to make the
same mistake as the federal government, but are prepared to
rectify the mistake should it be found.
So if UBC, which is traditionally pretty backwards on the
subject of parity and equity, can make that kind of move, why
can't the federal government? The Liberals keep hemming
and hawing over whether or not they will appeal, but the only
dignified thing they can do at this point (to conserve the precious little dignity they have left) is to accept the ruling and
pay the damned money quickly. Because the goverment has
been caught picking on the girls, kids. And if there's one thing
we know, boys and girls, it's that all boys and girls are made
equal, and equal they should remain.*>
PAGE FRIDAY
COORDINATING
Bruce Arthur
DESIGN
Todd Silver
NATIONAL/COPY
Cynthia Lee
SPORTS
Naomi Kim
— n
FEATURES PHOTOS
Tom Peacock Tara Westover
CULTURE NEWS
Duncan Iff. McHugh Nicholas Bradley
Jaime Tong
Daliah Merzaban
COORDINATORS
Clip Nyranne Martin
web  Flora Graham
research DanMSflvenraWGraemeVrbrthy
letters  Lisa Denton
The Ubyssey is the official student
newspaper of the University of British
Columbia. It is published every
Tuesday and Friday by The Ubyssey
Publications Society.
We are an autonomous, democratically run student organisation, and all
students are encouraged to participate.
Editorials are chosen and written by
the Ubyssey staff. They are the
expressed opinion of the staff, and do
not necessarily reflect the views of The
Ubyssey Publications Society or the
University of British Columbia.
The Ubyssey is a founding member of
Canadian University Press (CUP) and
firmly adheres to CUP's guiding principles.
All editorial content appearing in The
Ubyssey is the property of The Ubyssey
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Letters to the editor must be under
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your year and faculty with all submissions. ID will be checked when submissions are dropped off at the editorial
office of The Ubyssey, otherwise verification will be done by phone.
"Perspectives" are opinion pieces over
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are run according to space.
"Freestyles" are opinion pieces written by
Ubyssey staff members. Priority will be
given to letters and perspectives over
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Opinion pieces will not be run until the
identity of the writer has been verified.
It is agreed by all persons placing display
or classified advertising that if the
Ubyssey Publications Society fails to publish an advertisement or if an error in the
ad occurs the liability of the UPS will not
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The UPS shall not be responsible for
slight changes or typographical errors
that do not lessen the value or the
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EDITORIAL OFFICE
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SI
Canadian
Uanuvetsrty
Ress
Screamirfe Duncan M. McHugh dropped dead. The lights went off and
when Jamie Tone four-d a cande, Nicholas Bradtey \a/ twitching In a pod
of Ns own blood. Daliah Merzaban fell to her knees In honor and Instantly
turned to Bruce Arthur... "YOU dd It!!" she shrieked. Tom Peacock and
Tara Westover hid under the stabs wtth Naomi Kim, who had lost her left
shoe. Todd Silver slipped on the blood and smacked rtgt irto Cynthia Lee,
who was hoHr« a bat in the comer, mumbling the wrjitis Tristan Winch"
repeatedly. Bustin' In on the scene wre smercop Graeme Worthy and
sidekick Jeremy BeaUne. They were instantly massacred after Sarah
Morrison pulled out a knife and slaughtered mem, yelHng. The gwst of
Laura Blue possessed me to do It!" Jem Gaidy and Melanie Stretch were
called In from the kitchen to exorcise the spirit. Lisa Denton tried to Uame
the rmiders on Barbara Andersen, but then Nyranne Martin found Rora
Graham's severed head In the batltii). Daryl Wener was, at the time, burying Matthew Smith under the porch. Mfcheile Mossop Wed to call a creejjy
detective to solve the case, but Mwessa Ho had cut the phone line.
Disgusted by the turn of events, Jem Neilson wished everyone a hapw
HaHowe'ea
PAGE FRIDAY » -page friday—the ubyssey magazine*friday, October!
Protesting can be constructive
by Matthew Smith
All too often, when there is a rally/protest, the media will-give
it airtime only if it involves pepper spraying by the cops or protesters getting arrested. Yet, when one or both happen, they
usually only last for five or ten minutes in a two- or three-hour
protest. This sensationalism by the media perpetuates the
belief that protesting is only for radicals and always
involves violence. The reality is that rallies are made up
of people from all walks of life who come together to
express their democratic right to protest in a non-violent
fashion. They usually inspire a feeling of community that
you can't find at any sporting event, on a school campus,
or in a crowd at a concert. Organised well, a protest will
also be educational, if it is structured as a teach-in, with
a number of speakers meant to inform whoever comes
on the issues being protested.
With all of this in mind, I rounded the corner of
Dunsmuir and Burrard [on October 20] and felt the electricity
of protest in the air. The crowd had pulled down the south
sidewalk across the street from the Hyatt Hotel where Jean
Chretien and Liberal supporters were having a fundraising dinner. As usual, the cops were saying one thing and the protesters were saying the opposite. The RCMP spokesperson
kept repeatedly announcing through a PA system, "This is the
police. To ensure a peaceful protest please move to the designated protest area on the other side of the street." Over
their own PA system, one of the protest organisers, Garth
Mullins, replied, "It was agreed between us and the cops that
if there were a lot of people we could take some of the lanes
of traffic." Of course, some turned into all of the lanes and the
Chretien "welcoming committee" was under way.
At the beginning, the protesters felt disorganised and there
was some tension and aggression in the air as people yelled,
FREESTYLE
 OPINION	
"fuck the police" and "fucking pigs." But the organisers quickly took control of the situation and drew the protesters' attention away from the police towards the centre of the crowd
where the microphone was. After an intro speech from
Mullins, the Raging Grannies came forward to lead everyone
in a couple of political songs. They were followed by the
acoustic punk sounds of Joey Keithley (a.k.a. Joey Shithead),
first singing 'APEC Really Sucked,' and then 'You Won't Stand
Alone.' By starting the protest with music, the organisers set
the mood of a unified, peaceful protest and then moved onto
their impressive line-up of speakers.
It was announced that Food Not Bombs were giving out free
food if anyone was hungry. Two speakers from Check Your
Head followed by telling a story about humanity's evolution
from primordial slime to a corporately dominated, globalised
world. The Flying Folk Army got people moving with three songs
before Mullins addressed the crowd about the bigoted
backlash against immigrants when the economy is in a
slump, such as Bill-63. Bob Everton, from the Vancouver
Grassroots Alliance, took the microphone to talk about
the WTO and its threat to healthcare and education. A
member of PATH, Brice Scott, retold the events that led to
old growth logging protesters being assaulted by a hundred loggers. A host from Co-op radio read the protesters'
comments of support from politicians he interviewed on
his show. The last organised speaker was William Nym
who briefly talked about Nanoose Bay being used for
nuclear weapons testing. Mullins ended the teach-in by saying
that positive peaceful protests would be the key to creating
support for, and participation in, the mass week-long rally in
Seattle against the WTO at the end of November. The crowd
slowly faded as I walked away with a smile and the feeling that
I had just been a part of a proactive protest.  One that was
healthy, educational and fun.
—Matthew Smith Is a third year Arts student
things to pick up
at the store:
-loaf  of  bread(l)
-jug  of  wined)
-thou(l)
-and  the  Ubyssey
Sat. Oct. 30th
YM BIG!!!
Dress up for Halloween for a chance to
WIN a DREAM DATE FOR TWO!
Tix only $7.00!
Doors at 7pm.
SIDE DOOR]
8891 West Broadway
733-2881
UBC Student Special
for UBC's nearest laundrette!
GOLD COIN
3496 West Broadway
2 blocks East of Alma
Phone: 739-0598
I
Just clip this coupon and,
Wash Your Laundry I
for FREE?
Come eiyoy our oozy
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| Offer expires 30/11/99. lay, October 29, 1999*page friday—the ubyssey magazine-
12.03.99 it is coming
it is coming, it is coming for you on that day and that day alone, and it will be the last of
its kind, the final breath of a beautiful thing before the end of this arbitrarily and absurdly
demarcated millennium, it will take you in its arms and cherish you, hold you to its bosom
and sing you off to sleep, it will love you, and you it, until the sirens send you reeling into
a better place than this, it is coming, and it will be colossal in its wonder, it is coming.
bring a mug
Strike delayed
THINK
NORTHERN
EXPOSURE'
CROSSED WITH
ED WOOD'.
by Daliah Merzaban
University administrators have one
more day to prove that they're serious about negotiating a fair settlement, said John
Geppert, president of
Canadian Union of
Public Employees
(CUPE) Local 116.
During Wednesday's negotiations
between Local 116
and UBC, the parties
were able to resolve
some issues relating to Food
Services, including the scheduling
of workers.
As a result of this progress,
CUPE decided to give UBC negotiators today to come up with a compromise on one of CUPE's major
concessions—contracting out.
CUPE has been concerned about
UBC's proposal to contract out certain jobs without consulting the
union first. Currently, any job UBC
wants to contract out must first
pass through a committee composed of both UBC and union staff.
"We like our contracting-out language as it is," said Geppert, who
added that although CUPE will be
CUPE job action is likely if Friday's negotiations don't succeed, if
they are successful,
CUPE will probably
continue bargaining
with UBC.
approaching negotiations with an
open mind, "I suspect that [UBC]
will not withdraw their proposal for
contracting-out."
University officials could not be
reached for comment
by press time. But in a
recent interview, Paula
Martin, UBC associate
director of public
affairs, said that the
proposal isn't unreasonable because UBC
only plans to contract
out jobs that aren't
directly performed by current staff,
such as asbestos removal.
CUPE job action is likely if Friday's
negotiations don't succeed. If they
are successful, CUPE will probably
continue bargaining with UBC.
Geppert said that the earliest
date job action could begin is next
Monday. Although he wouldn't say
what type of job action could occur,
he did allude to the rotating strikes
currently happening at the British
Columbia Institute of Technology.
Local 116, which represents
roughly 1800 of UBC's support
staff, has been negotiating with
UBC since January to renew a contract that expired on March 31.<*
1/
1999 NOTICE OF ELECTION
ELECTORAL AREA A
Electoral Area A is now comprised of University
Endowment Lands, University of British Columbia lands
including Hampton Place, Bowyer bland, Grebe Islets,
Passage Island, Barnston Island, and those areas of Howe
Sound (excluding Brunswick Beach), Indian Arm and West
Pitt Lake in the GVRD not within a municipal
corporation and that were formerly included
in Electoral Area C
PUBLIC NOTICE is hereby given to the electors of Electoral Area
A that election by voting is necessary to elect an Electoral Area A
Director to the Board of the Greater Vancouver Regional District
for a three year term expiring December 2002 and that the persons
nominated as candidates at the election for whom votes will be
received are as follows:
Electoral Area A Director - One (i) to be elected
Surname Usual Names       Jurisdiction of Residence
BLOM
BOILEAU
CHANDLER
Tom
Michael
Jon
Vancouver. BC
Maple Ridge, BC
Vancouver. BC
GENERAL VOTING DAY will be open on Saturday,
November 20,1999 between the hours of 8:00 am and 8:00 pm
at the following locations for those qualified electors who reside or
own property in Electoral Area A:
• University Hill Secondary School
2896 Acadia Road Vancouver. BC
•Regent College
5800 University Boulevard, Vancouver, BC
• University Hill Elementary School
5395 Chancellor Boulevard, Vancouver, BC
• Gkneagles School
6350 Marine Drive, West Vancouver, BC
• Village of Anmore, Municipal Hall
2697 Sunnyside Road, Anmore, BC
•Gilmour Residence
Barnston Island, BC
• Greater Vancouver Regional District
4330 Kingsway, Burnaby, BC
• Village of Lions Bay, Community HaD
400 Centre Road, Lions Bay, BC
ADVANCE VOTING will be open Wednesday, November 10,
1999 and Saturday, November 13,1999 between the hours of 8:00
am and 8:00 pm as noted below. The only persons permitted to
vote at an Advance Voting Opportunity are those who, being duly
qualified electors, sign a statement that:
* Ihe elector expects to be absent from the respective
electoral area on general voting day; or
* the ejector, for reasons of conscience, will be unable to
vote on general voting day; or
* the elector will not be able to attend the voting on general
voting day through circumstances beyond their control,
or
* the elector has a physical disability or is a person whose
mobility is impaired; cr
* the elector is a candidate or a candidate representative; or
* the elector is an election official.
Wednesday, November 10,1999
• Regent College
5800 University Boulevard, Vancouver, BC
•West Vancouver Municipal HaD
750 - 17th Street, West Vancouver, BC
•Newton Library
13795 - 70th Avenue, Surrey, BC
• Village of Anmore, Municipal HaD
2697 Sunnyside Road, Anmore, BC
• Village of lions Bay, Community Hal)
400 Centre Road, Lions Bay, BC
Saturday, November 13,1999
•Regent College
5800 University Boulevard, Vancouver, BC
• Greater Vancouver Regional District
4330 Kingsway, Burnaby, BC
ELECTOR REGISTRATION
There is no need to pre-register to vote as the registration of all
electors for this election will take place at the time of voting.
l«>/^>f    To register at the voting station, you must provide two
■< NEW ^ documents that provide evidence of your identity and
*»>/n4    place of residence, one of which must contain your
signature.
Acceptable identification can be two of any of the following:
a) a British Columbia Driver's License;
b) a British Columbia Identification Card issued by the Motor
Vehicle Branch;
c) an Owner's Certificate of Insurance and Vehicle License issued
by the Insurance Corporation of British Columbia;
d)a British Columbia CareCard or British Columbia Gold
CareCard;
e) a Ministry of Social Development and Economic Security
Request for Continued Assistance Form SDES8;
f) a Social Insurance Card issued by Human Resources
Development Canada;
g) a Citizenship Card issued by Citizenship and Immigration
Canada;
h) a real property tax notice issued under section 269 of the
Municipal Act or section 21 of the Taxation (Rural Area) Act;
i) a credit card or debit card issued by a savings institution as
defined in section 29 of the Intenpretation Act, or
j) a utility bill issued for the supply of electricity, natural gas, water,
telephone services or coaxial cable services provided by a public
utility as defined in section 1 of the Utilities Commission Act, a
gas utility as defined in section 1 of the Gas Utility Act, a water
utility as defined in section 1 of the Water Act, the British
Columbia Hydro and Power Authority, or a corporation licensed
by the Canadian Radio-television and Telecommunications
Commission for the purposes offliat supply.
At the voting station you will be required to complete an
application for registration as an elector and make a declaration
that you meet all of the following reqiirements:
* you are or will be 18 years of age or older on general voting
day, November 20,1999;
* you are a Canadian citizen;
* you have been a resident of British Columbia for at least 6
months immediately preceding the day of registration;
* you are not otherwise disqualified by law from voting; and
* if you are a resident of the jurisdiction, that you have been
resident of the jurisdiction for which this election is being held
for at least 30 days immediately before registration day,
OR
* if you are not a resident of the jurisdiction but own property in
the jurisdiction, that you have been a registered owner of real
property in the jurisdiction for at least 30 days before
registration day; in this instance you will register to vote as a
non-resident property elector.
NON-RESIDENT PROPERTY ELECTORS
To register as a non-resident property elector you must apply for a
certificate authorized by the Regional District Secretary. You are
encouraged to apply for your certificate prior to voting day to
ensure that all requirements have been met and to facilitate your
registration at the voting station. Please apply at the Secretary's
Office, GVRD, 3rd floor, 4330 Kingsway, Burnaby, BC from
November I to 19,1999 during regular office hours, 9:00 am to
4:00 pm. Alternatively, you may apply for your certificate at Hie
voting station.
To obtain your certificate you will need to present your Certificate
of Title which is proof that you are entitled to register and, if there
is more than one registered owner of the real properly, you must
also provide a signed consent form from the majority of the other
registered owners including yourself. Election staff will make
every attempt to assist you with your application in the event your
Certificate of Title is unavailable.
A person may only register as a nonresident property elector in
relation to one parcel of real property in a jurisdiction. Only those
individuals who own property may register as non-resident
properly electors - corporations do not have the right to vote.
SCHOOL TRUSTEE ELECTIONS ONLY
For information on School Trustee Elections please consult other
Notice of Election advertising.
Paulette A. Vetlesoa Chief Election Officer
October 29,1999

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