Moot Times - January 2009

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MOOTTIMESThe Law

Students

Newspaper

VOL I JANUARY 2009 No. 5

The Dean on Block Week BluesBy Al Lucas, Dean of Law

Completely skied out? Credit cards maxed? Spent more than enough family time? Tired ofsitting in airports? The Law School has the answer for those dark early January days: BlockWeek!

This is a unique set of courses that is a major part of the legal skills program in the Faculty.It has its roots in block programs developed at the beginning of the Law School in the mid-1970s. At that time, the Faculty resolved that basic skills were too important to leave tooptional courses and limited enrolment clinical programs. Every student in the programwould have an opportunity to develop core dispute resolution skills. We are the only LawSchool in Canada where this happens every student has legal skills training for the darkdays of January. An entire week is dedicated to practical lawyering skills taught by practis-

ing lawyers, judges and criminal justice professionals.

But each year was focused on a particular course (and the days were dark), so I want to include a brief over-view of the set of block courses. I also want to thank all of the course directors, instructors and coaches. Thisis an amazing list that shows the involvement and commitment of our legal community.

First and second year students are taught how to resolve conicts before going to court in Dispute ResolutionI and Dispute Resolution II. In Dispute Resolution I, students get an introduction to conict analysis, fact-nd -ing through client interviewing, an overview of dispute resolution processes, client-centered client counselling,and ethical issues. Dispute Resolution II is an intensive course that explores the wide variety of methods forresolving disputes, including negotiation, mediation, arbitration, collaborative proactive and court-assisted


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PublishersBusiness Managers Editors-in-Chief

Fiana Bakshan [email protected] Vhari Storwick [email protected]

Esther Kim [email protected] Orlagh OKelly [email protected]

ContributorsAndrew Kowalchuk Gareth Williams Kane Richards Maryanne Forrayi

Dave Foster Erin FarrellJames Gibson

Adam Oppenheim

Tim Ross Janet Shaikh Kevin Madison

Rob Wilson Sally Powis Drew Campbell

Ask not what your student newspaper can do for you, but what you can do for

your student newspaper - Orlagh O Kelley

Dear Readers,

Happy New Year! You made it through the rst semester - either at home or abroad- and through what Dean Lucas callsthe early dark day of January- block week blues. If youve lapsed on your news years resolutions, at least those of wecan all say that weve been acquainted with the skills of a truly good lawyers: how to resolve conict before court.

So what better place to start Moot Times 2009 with a special thank you to our faculty submissions by Dean Lucas,Maryanne Forrayi and Sally Powis. Your involvement is much appreciated by students and the Moot Crew.

In this issue, we have the special release of the much anticipated Law Games hearsay and evidence, as well as our regu-lar contributors K and A and Adam Oppenheim- who confesses his man crush for Neil Young. Third times the charm!

Which takes us to our question of the month: ask what you can do for your student newspaper. We say that you canseize this opportunity to write (or draw) about your experiences, thoughts, faculty news, legal developments, or evenyour recent legal research. If youre of the lazier sort, just re a question off to K and A at: [email protected]. If youre so inclined, we are also looking for a webmaster! In turn, Moot Times is expecting to host the party ofthe second semester complete with contributors perks. The word is out, so get your submissions in by February 9.

Yours truly,

Orlagh OKelly, Vhari Storwick, Fiana Bakshan and Esther Kim

Editorial PolicyWe are irreverent but not rude. We reserve the right to edit for content and length.

Submissions DeadlineWe accept articles between 300 and 700 words, depending on the content. Articles submitted by law students are given priority butwe accept any submissions.

Disclaimer

The views in this publication do not reect those of the University, the Faculty, of the publishers. In fact, they may not reect any

honestly held views.

In This Legal IssueMurray Fraser Hall page 3

Law Buzz page 9

Political Aspirations page 10

Sporting Life page 12

Work/Life Balance page 17

What the Scott Hall !? back cover


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>> from page 1

Block Week

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Murray Fraser Hall

dispute resolution processes such as neutral evaluation, judicial dispute resolution conferences, and pretrialconferences. The course focuses on negotiation, the cornerstone for most alternative dispute resolution pro-cesses, and culminates with a simulated negotiation.

Third-year students are taught how to prepare and present a case at trial in Trial Advocacy. The course en-courages the students to learn by doing all the skills necessary to argue a trial. Students have a chance topractice examining and cross-examining witnesses, entering evidence, impeaching witnesses, and presentingopening and closing arguments. Members of the Calgary Police Service join the students to act as professionalpolice witnesses. Judges and practicing lawyers teach the course. The instructors are joined each year by anoutstanding advocate who is the Milvain Chair in Advocacy, sponsored by the Calgary Bar Association. MonaT. Duckett, Q.C., was this

years Milvain Chair. TheTrial Advocacy courseculminates with a full civiltrial, criminal trial, or ad-ministrative hearing at theCalgary Courts Centre.

The ProfessionalsThank you to instruc-tors, course directors andcoaches for the BlockWeek courses:Charlene Anderson,Robert Armstrong, Con-

stable Tanya Bagnell, TheHonourable Judge P.B.Barley, Michael Bates,Gary Befus, Bina Border,The Honourable JudgeA.J. Brown, J. Paul Brun-nen, Deni Cashin, RyanClaxton, Katie Clayton,Mary Comeau, Peter A.Criseld, Rhoda Dobler,Mona T. Duckett, Q.C.,Gregory Dunn, Sean E.D.Fairhurst, James Floyd,Eleanor Funk, Wayne D.

Gillis, Laurie A. Goldbach, Constable Cam Gogol, Shannon Hayes, Chareles Hotzel, Constable Travis Juska,Constable Dave Keagan, Susan Kennedy, Constable Jeff Klinger, Dennis Langen, Elise Lavigne, James M.Lutz, Constable Murray MacIver, The Honourable Justice A.D. Macleod, Adam May, Ken McCaffrey, Jor-dan McJannet, Laurie McMurchie, The Honourable J. Major, Karen B. Molle, Susan Mulligan, Brian Mustard,Molly Naber-Sykes, Constable Gary Novokowsky, Staff Sergeant Cliff OBrien, Constance OLaughlin, PhotiniPapadatou, Valerie Prather, Gavin Price, Gulu Punia, Gwen K. Randall, Janice Rea, Lloyd Robertson, StephenT. Robertson, Kim Ross, Bernard Roth, Elaine Seifert, Jennifer Shaften, Sabri M. Shawa, Deborah Shennette,Gord Sterchi, Constable Mike Sushelnitsky, Ann Tierney, Kathleen Wells, Constable Steve Weninger, StephenWojcik, and Gordon Wong, Q.C.

Law School News


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Dear K + AYou ask, we answer, everyone wins @life.

submit your questions to [email protected] (email or die) [The views in this article to do not

represent those of Moot Times]Q: Block Week? Like, for real?? A: Yeah man, it IS for real! Can you believe it?Its not just a one-time thing either. So, its kinda likegetting your period. Remember how great that feels?Except, Block Week only happens once a year, so reallyits a lot more like getting a prostate exam. K: Thats a very common feeling from theexperience of Block Week. Block Week is a very impor-tant class. Not only does it teach us the techniques forinterviewing, negotiation, and running a trial, but Block

Week also gives us probably one of the best skills wecould possibly receive in law school: Block Week givesall students in attendance the skill of looking straightahead, blanking for hours at a time, while completelyshutting out all information being thrown their way.You can apply this skill to so many aspects of yourlife now. For example, time share presentations, slideshows of Uncle Franks post-op recovery, a lecture froma signicant other about how you never listen, and anyon the job safety training you may have to attend. SoBlock Week didnt kill you a little, it grew you a little.

Q: I used your advice from the rst K + A on how tohook up with someone in our class, and now werein a relationship. However, we want to keep it on theDL. How is that done? K: For all you not in the know, DL meansdown low. Its what all the kids are saying nowa-days. Crazy kids! First, congratulations; I am so happyyou listened to our advice! And to answer the in-evitable next question: Yes, we will make a speech atyour wedding. Probably keep it simple, about how webasically made you two fall in love, then say somethingwitty about the choice of wedding dress colour, and

then something about how the sh was overcooked.Finally, wed end with a toast to us as the true match-makers / information givers for lasting relationships.Your romance is sick (that means good). Crazy kids andtheir sayings! A: Step 1: Have an alibi There will be timeswhen youre at a club, or even the French Maid, andyour lack of interest in any other female persuasionmay seem suspicious. At that point you need an alibi.Try, God, is it really 10:30 p.m.?, I gotta go watchBSG with my dead dog, or I have some Block Week

readings to do.Step 2: Play aloof at school Theres nothing

more obvious than following around your new loverlike a lovesick puppy dog when youre at school. Toavoid this, try pretending you cant stand your lover.Ridicule her behind her back, or even say somethingabout how skanky she looks to her face when youre ina large group. Thatll work for sure!

Step 3: Its going to get out eventually, so planwhen and where In other words, be proactive. Likewhen youre at a mixer try putting your hand down thefront of her pantsuit as shes talking to a lawyer.

Step 4: Even if you get Steps 1-3 right, there isno way in hell this is going to end well Dating some-one in law school is like defusing a time bomb, onlytheres never a red wire to cut. Face it, youre doomed,so have an exit strategy. At this point its usually goodto have as many compromising photos of the otherperson on your hard drive as it can t.

Q: How can I make sure I have the best time ever onSki Trip 09?K: Having fun on the ski trip is all well and

good, but in order to have fun you need to be safe.So I would like to talk about something very impor-tant safety wise for the trip, and this is hot tub safety/ etiquette. Drink plenty of uids, alcoholic or not. Itdoesnt really matter because its all uid in the end,right? The hot tub jets are not for that, no matter whatChad says. Enough said. If you nd yourself in thehot tub with a sexy Moot Times columnist you havebeen crushing on all year, and you plan on making a

move, make sure the area is well lit. Slips and falls arethe leading cause of botched rst moves. Maximumcapacities are only suggested numbers; jump in, thereis always room for one more. And most importantly, ifyou are being a third wheel in the tub, know when it istime to leave the lovebirds alone. Spending too muchtime as the third wheel in the hot tub can be dangerousto your health. I suggest working out a code word withthe other person. For example, Hey, is that the northstar? It doesnt matter if it is cloudy, or not even visibleat the time. The point will be received, and the personthey are interested in spending some alone time withwill be none the wiser. Remember, having fun is havingsafe fun...in the hot tub.

A: What the hell is Skirt Rip 09?? It soundsamazing though! Since I know nothing about this newlaw school event, Ill just toss some ideas out there.Youre going to want to ensure someone is videotapingit, and this is probably as good a time as any to experi-ment with the harder drugs. All in all, I heard ticketscost $315, so therell probably be at least some Tendero-nies hired to keep you happy just try and check for anAdams Apple in between doing tailbone waterfalls.

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Goings on at Murray Fraser HallSports Law is introduced at U of CJanuary 20, 2009 By James Gibson (2L)

The University of Calgary Sports Law Association (UCSLA) will be hosting its rst Sports Law Panel

on Tuesday January 20th 12-2pm Room 2370 in Murrary Fraser Hall. A free lunch will be provided compli-ments of Miller Thomson LLPA special thanks to the University of Calgary Students Union. There will also be a question and answer

period at the end of the presentation. Hope to see you all there!

Speakers:1) Mr. Michael Holditch, V.P. Hockey Administration/CFO, Calgary Flames Limited Partnership2) Mr. Wayne Logan, Field LLP, Senior Associate - Chair of Sports and Entertainment Practice Group3) Mr. Stacey McAlpine, NHLPA Certied Agent4) Mr. Chika Onwuekwe, MacPherson Leslie & Tyerman LLP, Associate5) Mr. Gregory Shannon, Miller Thomson LLP, Partner

If you have any questions you can contact:UCSLA President James W. Gibson: [email protected]

Just Cause we dont want to work downtownJanuary 27, 2009By Tim Ross

The 2nd Annual Just Cause Career Fair will betaking place on Tuesday, January 27, 2009, from 5 pm - 8pm. This event will provide students with the opportu-nity to meet and learn about professional opportunitiesfrom lawyers and organizations related to public interestlaw. For some of you, this may be a chance to exploresummer job and articling opportunities. For those whohave already secured jobs and articles, this is a greatchance to explore other job prospects that you may beinterested in a few years down the road.

Be sure to arrive by 5:15 pm to be entered in adraw for gift certicates to restaurants such as The Kegand Earls. The event will begin with a short presentationby our exhibitors on work and volunteer opportunities,and then youll be free to introduce yourselves and learnmore.

Dress for the evening is business casual, and willfeature exhibitors from all levels of government, thecourts, and the non-prot sector that want to meet youand share information on career paths in the legal profes-sion.Appetizers will be served, as well as one complimentary drink per person.

Please RSVP to [email protected] by Thursday, January 22th, if you plan on attending.

ThePro Bono team will be hosting Just Casue onJanuary 27th, 2009


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Free Software Guru Richard Stallman Coming to U of C February 3, 2009By Sally Powis

Ask most tekkies who Richard Stallman is, and theyll know all about him. For those who haventheard of him, instead of cashing in on software development as Bill Gates and the like did, Stallman foundedthe Free Software Foundation and developed a form of free software that everyone has the freedom to copy,redistribute, and alter as theysee t. Today, the GNU/Li-

nux system is used on tens ofmillions of computers.

On Tuesday, February3, U of C students, faculty,staff and guests are invited tohear Stallman share his viewson ownership and access tosoftware which he posts inthe blogosphere in an ongo-ing basis in person. Stallmanhas been selected to give the2009 Merv Leitch, QC, Me-morial Visiting Chair in LawLecture, entitled Copyrightvs. Community in the Age ofComputer Networks.

The notion of copy-right was developed in theage of the printing press anddesigned to t with the sys-tem of centralized copyingimposed by the printing press.According to Stallman, the copyright system doesnt t well with computer networks and only draconian pun-

ishments can enforce it. The way he sees it, if we seriously hope to serve the only legitimate purpose of copy-right to promote progress for the benet of the public we cannot allow for global corporations that protfrom copyright to successfully lobby for severe punishments, increase their copyright powers, and suppresspublic access to technology.

Stallman has received the Association for Computing Machinerys Grace Hopper Award, a MacArthurFoundation fellowship, the Electronic Frontier Foundations Pioneer award, and the Takeda Award for Social/Economic Betterment, as well as several honorary doctorate degrees.

The Chair was established in honour of C. Mervin Leitch, BA, LLB, QC, who passed away in 1990. TheMember of the Legislative Assembly for Calgary-Egmont, he served as Attorney-General and Provincial Secre-tary, Provincial Treasurer, and Minister of Energy and Natural Resources. He was a Partner with the MacleodDixon law rm in Calgary. The chair is funded through an endowment established by friends and associates ofMr. Leitch.

Nominate a peer for inaugural award! February 28, 2009By Sally Powis

Each year, the University of Calgary holds The Arch Awards, a gala that recognizes the achievementsof two oustanding alumni--the Distinguished Alumni Award and Graduate of the Last Decade (GOLD)Award--and for the rst time in 2009, a promising future alumnus will receive the Future Alumni Award. Thisaward is aimed at recognizing a current, full-time student who demonstrates great potential for outstandingachievements in their career or contributions to their community.

Photo courtesy of :http://entregeeks.les.wordpress.com/2008/04/jc4_01.jpg


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This is your chance to toot yourown horn, or share the accomplishmentsof a peer. Nominations for the 2009 ArchAwards are open and will be accepted untilFebruary 28, 2009. The recipients will benamed in late April and celebrated at a galaevening at The Grand on June 4, 2009.

For details on the procedures, andto download a nomination form, visit.

Further inquiries can be directed to Sally Powis, Faculty of Law alumni relations, at [email protected], or to the U of C Alumni Relations team by calling (403) 220-1312, or emailing [email protected].

Attention of U of C Alum - AlumNight February 12, 2009

Attention law students: did you graduate from a program at the U of C prior to entering law school?If so, youre invited to AlumNight. This Valentines Day themed party for young alum takes place at the RawBar at Hotel Arts, 119 - 12th Avenue SW, on Thursday, February 12, 2009, from 5:30 to 7 pm. Its a chance for

you to meet up with fellow grads from all faculties, mix, mingle, and sample cocktails and appetizers designedby Chef Duncan Ly. The event is free, but space is limited. To RSVP or get more information about Alum-Night, visit www.alumni.ucalgary.ca. You can also contact the U of C Alumni Relations Team by [email protected] , or calling (403)220-8500.

The Moot Note BookBy Orlagh OKelly (2L)

2008 was a good year for U of C Law. The faculty saw its Macleans rankings improve to 10th placewith our strongest showing in the Elite rm hiring category. Most notably, 99% of graduates last year foundarticling positions. The long awaited renovations were complete, giving students very modern classrooms

and the nicest library and student lounge on campus. First year student, Brittanee Laverdure representedCanada at the Olympics in Beijing and at the World Wrestling Championships in Tokyo. Third year student,Jocelyn Stacey accepted a Clerkship at the Supreme Court of Canada with Justice Rothstein. A couple facultymembers spearheaded Ablawg. And Murray Fraser Hall was even graced with the likes of Assembly of FirstNations Chief Phil Fontaine and Chief Justice Beverley McLachlin.

HOT: More recently, U of C students and faculty have graced the pages of Canadas National Magazine- Ma-cleans. Professor Alice Woolley was quoted in a ve part series on the crisis in Canadas legal system, enti-tled When lawyers are only for the rich. Meanwhile, Conservative party volunteer, Dave Foster, was photo-graphed for his stampede attire at the Prentice breakfast and his notable facial hair a couple days later. Bothwere rewarded beyond the pages of Macleans too; Professor Woolley was made associate professor and Fosterwas married in October. Congratulations!NOT: The stolen projector from the Student lounge. So much for future slumber parties and movie nights onthose all too comfortable couches.

HOT: The sexiness of trial advocacy and learning practical skills during block week.NOT: Peacing-out on Law Games early, leaving your soccer teammates to lose a championship game to Uvicand fend for themselves in the frigid Saskabush! Was it really worth it?

If you think something is worthy of the Moot Notebook, please send ideas to [email protected].

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Dispute Resolution 4.0By Orlagh OKelly

Before students got into the thick of block weeks dispute resolution courses, Professor Mahoneys Human Rightsclass made a visit to explore how disputes are resolved on the Tsuu Tina reserve South of Calgary.

Ellery Starlight, the peacemaker on the reserve, kindly led the students through the history of the Tsuu Tina na-tion and through the re-introduction of a traditional mode of dispute resolution: circle sentencing.

Circle Sentencing is one part of the continuum of restorative justice. Restorative justice, unlike retributive justice,essentially recognizes that the offender has harmed the community, the victim and himself. In turn, efforts are made torepair these relationships and to restore what the Tsuu Tina call harmony, as there is no word for justice. The Tsuu Tinacircle sentencing process was modeled after similar aboriginal sentencing programs most notably in the Yukon.

In particular, the Tsuu Tsina Peacemaker Court is an attempt to restore the jurisdiction of their indigenous clansystem which was replaced b the RCMP in the 19th century. Throughout the 20th century, it was, according to Starlight,illegal to be native. The clan system was outlawed and the Tsuu Tina were punished for speaking their own language.It was not until 1996 that Tsuu Tina law made a comeback through a trafc bylaw on the reserve. This bylaw led to theband to seek its own court system, which was established in 2000.

Today, Starlight leads an elaborate process in conjunction with the formal justice system and Alberta Justice.Starlight works closely with the offender and the judge to chose which system will address the wrong. If circle sentencingis deemed appropriate, talking circles are used. Therefore, the prerequisite to the process is discretion and participation.

The process, including the circle seating arrangement, is markedly different from our traditional adversarial courtsystem. Elders are the reference- like the Bible is the reference in churches and the law is the reference in courts. Tradi-tional Tsuu Tina laws are thus used to recognize the needs of victims, secure the participation of the community, andidentify the rehabilitative needs of the offender. Mediation is used to come up with a solution, not to identify the facts andpursue the truth.

One example where this process was used involved youth breaking into a womans home. After meeting withthe family, the youngster agreed to repaint the exterior of the home while doing janitorial work at the local high school,demonstrating remorse and humility.

The impact of such solutions is not insignicant. According to Starlight, recidivism is low at 30 per cent. More-over, after a follow up to the solution, the presiding judge is apprised of the reasons for it and ultimately decides the

sentencing. When asked how much weight is given to the Tsuu Tina process, Startlight candidly answers: a lot. Circlesentencing is an integral part of the criminal court process. Last and perhaps most symbolically powerful, the documentsrelating to the wrongdoing are burnedin order to provide closure and fur-ther reconciliation.

The process of course has itsdetractors, especially when it is usedfor more serious crimes. For instance,it has recently been decided that thefather of the frozen toddlers wouldface a sentencing circle at the YellowQuill First Nation. At the very least,even in such situations, talking circles

offer hope for a holistic solution to acomplex societal problem.

If students took anythingaway from the eld trip it was pow-erful insight into a fundamentallydifferent method of dealing withwrongdoings that, arguably, has bet-ter results.

Law Buzz


10/2010

Political AspirationsThe Good Lawyer

By Orlagh OKelly (2L)

The reputation of lawyers is not at its high watermark right now. Former Bay Street lawyer Philip Slay-tons reveal all book- Lawyers gone Bad: Money, Sex and Madness in Canadas Legal Profession- is an exem-plar of the worst Canadian lawyers have to offer. Yet, this week, a great lawyer and individual will be inaugu-rated as Americas rst black president on Tuesday, January 20, 2009.

Lawyer-haters will be in a bind when Obama- whos rst name means blessed- ends the dont ask,dont tell policy in the American military- purportedly allowing homosexuals to be open and in the military.Beyond America, the president elect has expressed a genuine desire to bring about peace in the Middle Eastand to help Africa if they are willing to help themselves too.

Most notably, the rst thing on Obamas list will be to close down Abu Ghraib ending one of the mostdismal violations of international law and human rights law in recent times.

This action, though, is grounded in Obamas legal education and in his belief in the power of the law

and the necessity to uphold it. In his book, The Audacity of Hope, Obama expresses concern that those inpower saw habeas corpus and (the) separation of powers (as) niceties that only got in the way, that they com-plicated what was obvious -the need to stop terrorists.

For Obama, procedural rules are very important because they help dene the results- on everythingfrom whether the government can regulate pollutors to whether government can tap your phone and be-cause they dene our democracy. After all it was a culmination of Supreme Court cases and legislation in the1960s that ushered in a new era of race relations.

As such, the former lawyer recognizes that sometimes only the law can fully vindicate our values,particularly when the rights and opportunities of the powerless in our society are at stake. Through his legalexperiences, Obama has essentially cultivated arobust moral compos.

So if you nd yourself questioning law

school or pondering the oxymoron of ethical law-yering, remember the long lineage of wonderfulpeople who practised and upheld the law, in-cluding the likes of Barack Obama and MahatmaGhandi.

At the end of the day, even Obama hadhis doubts: I worried that (law school) repre-sented the abandonment of my youthful ideals,a concession to the hard realities of money andpower- the world as it is rather than the world asit should be.

Therefore, Obama is inspiration. He isproof that lawyers can be some of the greatestamong us.

Obama in law school


11/2011

A Continental Shift in LeadershipIggy at the Helm

By Dave Foster (2L)

He was initially in favour of the US invasion of Iraq, is a proponent ofoil sands development, remains opposed to the Liberal-Bloc-NDP coalition, andagainst Stephane Dions carbon tax. If you were to guess which federal politicalleader that is, youd likely say Stephen Harper and youd be right but hesnot alone. Newly minted Liberal leader Michael Ignatieff and Mr. Harper aresinging to the same tune. This is a stark contrast to the actions and positions offormer leader Stephane Dion, but based on the last federal election, that shouldbe anything but a bad move. It appears the Liberal Partys shift to the left will beshort-lived with Ignatieff appearing to be just as conservative as our current PrimeMinister.

Policies aside, there remains the game of federal politics. Being the newguy in town, Ignatieff will have a long road of making himself known to theCanadian public. His goal is simple to avoid the same public relations machine

that so critically damaged Dions leadership through their branding. Having livedthe vast majority of his life outside of Canada, his recent return home makes forgreat political fodder for the Conservatives. Combine that with his initial pro-Iraqstatements, and generally Conservative policies and you can see the potential fora whole series of ads from the cash-rich Conservative Party. On top of that threat,Ignatieff faces an uphill battle; leading a caucus deeply divided and markedlyreduced in size, hes not in nearly as good position as Liberal leaders of lore.

With Parliament set to resume on January 26th, and the budget to followshortly thereafter, Ignatieff has a chance to win some standing and support withthe Canadian people. Its become quite clear that Canadians want cooperation andcompromise from their political leaders in this time of economic uncertainty, anddenitely not another election. By working together both opposition and gov-

ernment not only will the public opinion of our leaders improve, but the faith ofCanadians in our parliamentary process may begin to improve. We may be standing in front of a chasm, butworking together we can bridge across.

I wont even guess as to the chances of Michael Ignatieff and the Liberal party in the next federal elec-tion, but one thing is sure: the Liberals new academic if he manages to supplement his intelligence with eventhe slightest bit of political instinct will surely outpace the last.

Recently on Ablawg Professor Fluker writes about how xing the system is not one of the reasons for the recent proposalto implement a national securities regulator and updates a case of private environmental prosecution. Pro-

fessor Watson Hamilton comments on the potential for personal liability for guardians of dependent adults.Linda McKay- Panos comments on the Court of Appeals decision on privacy and the very interesting issue ofemployment and drug testing.

More generally, the Ablawgers offer tips and their favourite law blogs for further commentary onrecent cases. Greg Hagen, the IP specialist chose Michael Geists blog. Both Watson Hamilton and ProfessorKoshan decide that The Court- run out of Osgoode- has achieved its aim to become the premier online loca-tion for information about Canadas highest court. Yet, Koshan notes that she loves U of As blog, and thatour rivalry in the blawgospher is lacking. The challenge is out students!

To see more faculty postings on recent cases visit: http://ablawg.ca/


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Law Students Play Footy tooBy Gareth Williams (3L)

Its athletic, action-packed and its not just for Australians anymore.Australian Rules Football, or footy to those who follow the game,was rst developed down under in the 1850s as a game to keep crick-et players t in the offseason. Today footy is played at an amateurlevel across the globe with some non-Australian players developingenough talent to play professionally in Australia.

Footys popularity worldwide can be attributed to the fact that thesport incorporates skills from a variety of games. It has the runningand kicking aspects of soccer, the jumping and catching aspects of

ultimate Frisbee or basketball and the tackling aspects of football orrugby. A huge part of its popularity also stems from the Australiansfriendly and outgoing nature which follows the sport where ever itgoes. Socializing, joking around and having a beer with your mates

is just as important as winning in footy.

Most people will ask me: The rules of Aussie Rules are that there are no rules, right? While it may appearthat way from watching high-light reel hits of professional players on youtube, there are of course plenty ofrules to see that the game constantly ows and is safe.

The game is played on an oval eld roughly 135 meters in length and 110 meters in width with 18 playerson each team. At each end of the eld there are four upright posts which serve as goals. Each team scores by

kicking the ball, which is similar to a rugby ball, through the two middle posts. That is worth six points. If theball passes through the outside two posts, or through themiddle posts by any other means than being kicked, it isa behind worth one point. Players may pass the ball bypunching it or by kicking it. The opposing players try anddispossess their opponents of the ball through tackling,but the sport focuses on ball possession rather than hit-ting the player as in rugby or football. Each game consistsof four quarters of 20 minutes.

Canadas Aussie Rules scene is recognized as one of thebiggest outside Australia. Ontario has ten clubs and thereare teams in Quebec, Vancouver and of course Calgary.Alberta is fairly unique in world footy as it has twowomens teams, the Calgary Kookaburras and EdmontonEmus which play each other and other womens teamsfrom the United States. The womens game is identical to the mens except a smaller ball is used. In Calgarythe men have two teams and travel every summer to Kelowna, Vancouver and the United States to play intournaments. Games are never scheduled on long weekends and the away tournaments have all the shenani-gans of any good sports team. Fees are minimal and all level of player is willingly accepted into this edglingsport. If youre looking to get t this summer after many months of sitting in the library footy is the sport foryou.

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The Sporting Life


13/2013

Phone: 403-260-0100

Fax: 403-260-0332

www.bdplaw.com

Common SenSe,

UnCommon InnovatIon.

Hcky Pl upds prsd by BD&P

Maybe you want to get t for the 2009 Law Rugbytournament in Vancouver or just want to make a bignew group of friends, come on down and check it out!Visit www.albertafooty.com for more details.

Photographs by Elise Botero

JOIN WINTER INTRAMURALS!

SLS will again be sponsoring intramural sportsteams. We have registeredthe Ambulance Chasers in Co-ed Volleyball, Co-ed Indoor Soccer and Mens A

Floor Hockey? email Jesse Starosta ([email protected])

Indoor Soccer? email Brian Twerdoff ([email protected])

Volleyball? email Wilma Shim ([email protected])

Each sport requires a waiver and is $10 to be paidto your captain at the rst game.


14/2014

U of C dominates at Law Games:Down the Rabbit Hole with Rob Wilson (1L), Editor-in-Chief, Moot Times Saskatoon Bureau

As I switched on my electric ashing cowboy hat and accepted another shot from myclassmate in the brown blazer and full rabbit head, I thought to myself, This is prettymuch what I was expecting from law school.

Little did I know that in a short number of hours I would be awakened for our 8:00amcurling game by the moving vocals of Travis Tritt describing his future plans to notshave and make rice in the microwave (see Travis Tritt Great day to be alive). AsI would learn this was the general theme of law games: drinking to excess, and thensweating out all the booze playing sports the next day, and then doing it all overagain. Quite Zen like really, with the both the Yin of exercise, and the yang of alcoholabuse.

At any rate, that morning we left the lovely Saskatoon Radisson to face the -52 degreeweather, and piled onto the bus where the Quebec schools promptly started a French

chant of what I assume was, Bus! Bus! Bus! Bus!. Despite epic hangovers the U of C team had a terric bon-spiel of curling, posting a 1-1 record through two games, and tying our nal game 0-0 in a terric defensive

effort with neither team being able to put the rock into the house and get the win.

Following curling, and naptime, the U of C team assembled for the next evening out. Dressed in the nestJagermeister apparel, U of C made its way to the evening pub crawl and assembled on to the bus once againwith the French Bus! Bus! Bus! chant in full effect. U of C enthusiastically joined in the evenings festivitieswhich constituted several more drinks, numerous loud bus rides, increasingly offensive chants, and a numberof disgruntled bar tenders explaining that they do not have a cheapest strongest drink and that if we kept onasking we would have to leave.

At any rate, the evening concluded, with the law games pizza buffet. I believe the idea here was to take a plateand some pizza and quietly recap your evening out. However, deciding this to be wildly inefcient, the U ofC team decided to take whole boxes of pizza, and loudly roam the halls of the hotel explaining to the otherlaw gamers, and several frightened hotel patrons, just how great U of C law is. The next morning we wereinformed that this was frowned upon.

However, there was no time to reect on what is and what is not frowned upon, as it was time for dodge ball.Once again, U of C performed admirably, despite the distraction of the UVics spandex unisuits and Mexicanwrestler masks, posting a 2-1 record and qualifying for the semi-nals.


15/2015

U of C also qualied for the semi-nals in soccer which surprisingly happens to be U of Cs forte. With astrong rush goalie; skilled forwards; and a strong defensive core which I am told was complemented bywhat I would call enthusiastic play but what others might describe as overly physical play, the U of C

team once again posted a 2-1 record and qualied for the semi nals.

Following soccer, and more naps, it was once again time to get back on the wagonand head off to the cowboy themed banquet. U of C donned elegant red t-shirtsand cowboy hats and headed off to an evening that was highlighted by a surpris-

ingly well done dance off, where U-Vic served the other schools with theirimpressive dancing skills.

The next day featured playoffs in dodge ball and soccer forthe U of C contingent, and unfortunately we were soundlybeaten by the UQAM team. However, this defeat set thestage for what would be U of Cs nest hour. Althoughdefeated by UVic 6-2, U of C elded a diminished team of5 players, due to many team members returning to Calgary

for the all important block week courses. U of C ran with the UVic team, who eldedwhat I can only assume was their entire combined class, gaining a halftime score of2-1. However, in the second half, with the U of C team sufciently exhausted, UVicmanaged to open the oodgates and scored 4 more goals to the one garnered by U ofC.

And thus concluded law games, an intense alcohol fuelled sports tournament, where it is acceptable, nayexpected, to wear scandalously short neon orange shorts and green knee socks, while drunkenly competingin sporting events with your future legal colleagues.


16/20

C U @ . . .

B D P : - )

We are excited and pleased that the following students will be joining BD&Ps summer and articling programs.

Looking forward to seeing you soon!

2009 Summer Students 2009 / 2010 Articling Students 2010 / 2011 Articling Students

Adrian Etchell Marika Strobl Craig AlcockSylvie Welsh Ashley Weldon Fiana Bakshan

Scott Tallman Esther KimKristen Dick

Mark HendersonMike Gilchrist

Bronwyn InksterElizabeth Toews

Megan Ross

www.bdplaw.com


17/2017

Work/Life BalanceOne law student thoughts on Why falling in love ruins too many

musicians, unless youre Neil YoungBy Adam Oppenheim (1L)Lucinda Williams is best known for hating men. An apparent addiction to destructiverelationships (analogous to a chain smoker) morphed her into one of the most acclaimedsongwriters of our generation that and she unapologetically shoots junk and slugshard-liquor. But then the unimaginable happened she went and found herself a stable,pretty normal, almost boring boyfriend. All of a sudden Lucinda swears off the drugs,only drinks wine, and stops writing about the gravel roads that whisk her away from theseterrible dudes. Instead of changing the locks on [her] front door so [he] cant see [her]anymore, she laments how she nally found her joy again. Look, Im happy her self-destructive path has come to an end, but this kinda sucks. She went from being a grade-A

badass to my mom.

And then theres Steve Earle. The hardcore troubadour was THE outlaw of the Nashville scene. Slated to bethe biggest country star of the 80s, Steve disappeared for years, nally emerging in a Nashville crack den. Af-ter a stint in jail he became a bona de road-dog, singing about the darkest spirals of drug addiction, his anti-death penalty sentiments, and his personal FU to Neo-Conservatives. But then he meets folk-singer/song-writer Allison Moore (who both totally sucks and blows), and sure enough there the two of them are onstage,singing into one mic, Steve lovingly gazing into Allisons eyes. You may think thats cute, but the Steve Earle Iwant drives a pick-up truck, has a bloodhound riding in the front seat, and a devil-may-care shot-gun attitudefor the establishment. He sure-as-shit doesnt buy owers for Allison Moore.Now I can live with the Lucinda and Steve tragedy, but losing Neil Young would be too much to bear. Sowhen I heard that Neil was hitting the road with his wife Peggy as the opening act, I got ready to sell all myNeil records to cash converters (the equivalent of burning all the pictures of your ex-girlfriend I suppose). Iwent to the show, heart on my sleeve and

Neil was completely awesome.

Ive had the pleasure of seeing Neil Young live on three occasions. The rst was at North Americas biggestmusic festival, Tennessees Bonnaroo in 2003. The second was in the winter of 2007 at New Yorks UnitedPalace Theatre, and the third was in October at our very own Pengrowth Saddledome. Now I have a serioussoft-spot for Neil Young (some may call it a man-crush. I have similar feelings for John Lennon, Paul Simon,?uestlove, and Marvin Gaye. Ill never have the chance to profess these feelings to two of the people in this list

because, well, theyre dead). Now, why am I such an admirer of Neil Young? Because when he takes the stageits all honest.

Neils discography numbers no less than 42 albums, at least 5 of which can be deemed prolic. All at oncehe is a captivating soloist, genuine rock-star, alt-country godfather, and champion of the little guy. He is anunabashed critic of war, a warden of pro-union movements, a defender of rural rights in the urbanized world,and a prominent advocate for the disenfranchised.

But heres what matters most, when Neil hits the stage he makes sure the fans get their moneys worth. In anage of exorbitant ticket prices, where Kanye charges a $100.00 and plays a 45 minute set, Neil, a man who hasunder-gone brain surgery, performs for a captivating 2-plus hours. And this is not a weary old man hitting


18/2018

WORK versusLIFE Tips From Maryanne: Summer Options?

There has been a steady stream of students through

my ofce, as well as emails inquiring about summeroptions, over the last two weeks. Now is the timeto think about how you may spend your summer ifyou havent made plans already. Below are a fewimportant points to keep in mind.

Think About Your Long-Term Goals First

A specic area of law you may want to practice in,whether you may prefer working for a small or largerm, and what city you might want to live in are all

things you should consider rst. It is not commonthat all students (especially rst years) know the an-swers to all of these three points above but certainlyyou will be clear on some of your priorities. Planwith your end-goal in mind.

For example if you are originally from out-of-the-province and you are convinced that you want tostay and practice in Calgary long-term, it may be agood idea to look for a summer job in Calgary thatwould show your commitment and interest in this

the road one more time to play the tired hits for babyboomers. When Neil takes the stage he leaves themulti-generation crowd standing still. And you knowwhat, hes not alone in his consideration for the fans.

I go to a ton of shows, of every genre, cause afterbreathing, music is pretty much the most importantthing to me. There is only one contemporary Top-40

act that holds a candle to a Neil Young performance,and thats N.E.R.D. When Pharrell and the boysstorm the arena, they blow the house apart. I wentinto their show with a bad attitude, thinking of it asnothing more than a decent way to kill time. I nowown the entire N.E.R.D discography.

So raise your glass, whatever you have in front ofyou is ne, and heres to the Neil Youngs and theN.E.R.D.s of the world. Now, wasnt I writing abouthow love ruins rock stars? Meh, no biggie, after allwe are the ADD generation

city.Also take into account what experience you havealready when considering your summer options.For example, if you have moved directly from highschool, to university and into your law degree, add-ing some professional experience (law or non-law-related) would certainly add to the attractiveness ofyour resume.

Law versus Non-Law Summer Experience

There certainly are law-related summer jobs avail-able for our students but these arent the only experi-ences that will offer you a positive summer experi-ence. Other experiences can also contribute to whatyou may offer to your future employer (be it a rm,government or other employer). For example, I haveknown students that have worked in an oil & gascompany in Calgary in a non-legal department. Onthe other hand, some students have gone on over-seas educational exchanges in the summer, whichrewarded them personally and offered an interestingconversation piece on their resume.

Where to Look?

A number of positions have been or will be emailedout from me and also posted online but you shouldknow that some positions may not be advertised.Although the gure varies from one sector or indus-try to another, the percentage of jobs that are not

advertised can be over 80%.1 Therefore, considernot only the following links but also do some net-working/searching on your own through contacts orthrough cold calling.

A few job sites to visit:

JobLink: www.ucalgary.ca/careerservicesPostings for U of C students (both law-specic orother faculties)

Workopolis.com

For non-law related positions.

Monster.caFor non-law related positions.

Another idea to consider is contacting in-housecounsel/legal departments directly to see if theycould use the assistance of a law student. You mightconsider law departments with non-traditional em-ployers as well. As well, a few students in the past


19/2019

have been able to secure full- or part-time summer work with smaller rms by contacting them directly. Ifyou would like a list of rm contacts at any point in your job search, contact my ofce for assistance.

Resume Preparation for Law StudentsFor those who need help with their resume, there will be one workshop held this semester on:Friday, January 23, 200912:30 2 p.m. in MFH2370Kyla Sandwith from Borden Ladner Gervais will be co-presenting this workshop with me.

Other Resources

Lastly, remember the Law CareerServices website is a key resourcefor you: www.law.ucalgary.ca/careerservices

If you need assistance in your jobsearch, please contact me to setup an appointment. Good luck

with your planning and search!

1. CaPS Ofce, University of Al-berta, CaPS Tips on Tapping Intothe Hidden Job Market, 1.

www.mdstudents.ca

Where great lawyers go.

Calgary Toronto Moscow Alm aty / Atyrau

Caracas Rio de Janeiro www.macleoddixon.com


20/20

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

18

19

20

TherstUofC

SportsLaw

Panel

12pm

21

22

Wome

ninLaw

Panel

12pm

23

Lastdaytoanswer

anyhankeringto

dropaclass

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25

26

UniversityTheatre

ho

sts|Gerry

HebertQuartet

27

Day:EnviroLaw

Societyseriesfrom

12pm

to2pm

Night:JustCause

PublicInterest

CareerFair

5to8pm-Mac

Hall

28

29

Blackstone

DebateFinale

at12:30

30

CPOsStairwayto

heaven:TheMusic

ofLedZepplin-

checkoutthe

studentdiscounts

31

February1

Feb

ruary2

February3

TheLeitch

Lecture

Featuring

Richard

Stallmanat12pm

February4

CPLED/Law

SocityofAB

Articling

session

8:30-9:30

Febr

uary5

February6

SKITRIP!

SLSgoesto

Fernie,contact

DougMac

Con

February7

February8

Feb

ruary9

MootTimes

De

adline!

February10

SLAAssistance

Impaired

Driving

Seminar

12pm

February11

Febru

ary12

TheF

ebruary

Issuse

ofMoot

Times

hitsthe

stands(h

opefuly)

BLG

Fellowship

Re

ceptions

February13

ReadingWeek

begins!!!

February14

Happy

Valentines!

Treatyour

honeytothe

UofCAlum

banquet

Documents

Moot Times - January 2009