Moot Times - October 2008

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MOOT TIMESThe Law Students Newspaper Legal Issue 2, October 2008

In This Legal IssueMurray Fraser Hall page 3

The Sporting Life page 8

Photographs page 10

Legal Developments page 13

Political Aspirations page 16

Work/Life Balance page 19

What the Scott Hall !? back cover

The 2008 Western Canadian Law School Rugby Tournament proved to

be a huge success and saw around eighty players compete for the three

schools. Conditions were perfect as the boys played in beautiful autumn

conditions. The University of Alberta(U of A) brought a good group of

fans out while the University of Calgary (U of C) had plenty of current

students, alumni and friends on hand to cheer. Having traveled the far-

thest, the University of British Columbia(UBC) did not have any supporters but brought a strong team.

In the rst match of the day, UBCs Illegal Beavers showed the U of A just how strong their team is. The Vancouveri -

tes looked suspiciously t and muscular for law students playing at high altitude, but all the schools had given their

words that only current LLB students were allowed to play so it was left at that. At the end of some exciting rugby the

Illegal Beavers were 18-7 winners over Edmonton.

U of A had to pull up their socks in the days second game against Calgary but a pumped up Calgary side

soon had the Bearristers on the back foot. Calgarys front line players were using their strength and size to break down

Edmontons defence and stie their attacks.

The home side struck rst when Kevin Kerr nished off a great team play to score on the wing. Calgary

doubled their lead when the man unstoppable Cory Wilson crashed his way past four Edmonton players to touch down

under the posts. Ricky Toor converted both spot kicks to ensure Calgary took their points.

First years like Nima Amiri, Rob Wilson, Sean Shaefer, Mike Reid, Charles McRoberts and Adam Oppenheim

formed the backbone of the forwards and laid some crunching tackles along with upper years Cam McCarthey, JeffWreschner, Derek Cougle, Beamer Comfort, Ryan Exon and Mike Gilchrist.

Scott Tallman, playing his rst game of rugby since 1985, broke an Edmonton players nose with an espe-

cially hard tackle which required the teams nurse, Jennifer Baugh, to attend to the wounded. Matt Gardner, who had

Bittersweet Symphony forRugby: One Loss, One WinGareth Williams


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PublishersBusiness Manager Editors-in-Chief

Fiana Bakshan [email protected] Vhari Storwick [email protected] Kim [email protected] Orlagh OKelly [email protected]

ContributorsGareth Williams Kevin Madison Stephen J, Morris Pinder Shoker

Liz Key Jane Butcher Joshua Tree Drew Campbell

Jeff Wreschner James Gibson Kerry Cundal Roxy Petts

Court AuBuchon

Note from the PublishersOur hope is that Moot Times will help foster a sense of commmunty within our faculty. We want to instigate dioalogueon both the serious and frivolous, and tackle both legal and lawless issues. Please contact us [email protected] or

any of the personal email addresses above.

Thank you to all our contributors!

Calling All First Years - We need your imput!

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

relfect any honestly held views.

own back from his exchange in Australia to play in the games (and perhaps also to see his girlfriend), added some valu-

able experience to the front line.

Captain Jim Chronopoulos was ever present and had the tournaments funniest moment when he was penalized by

the referee for trash talking an Edmonton player who was actually an articling student rather than a current LLB student.

How are your articles going? Jim yelled, adding: Are you billing for this?

In the back line Mark Henderson and Ryu Okayama were working in tune like salsa dance partners to get the ball

to the wings with Doug Mac Con and Jesse Starosta making plenty of jinking runs. Rugby virgins Nav Dhaliwal, Kane

Richards, Paul Boshyk and Derek Jugnauth were keen to get the ball and went hard into contact when they did.

A late try by Edmonton made for nervous viewing for the scores of Calgary fans but the boys in red and blue held on to

defeat their closest rivals. In the end, the Calgary side won the battle of Alberta against the Bearristers with an impressive

14-7 win.

U of C went on to the days nal match against UBC knowing that only a victory would keep the Cup in Calgary.

Exhausted from the previous games, Calgary came out at and the boys from Vancouver took it to Calgary but were only

ahead by ve points at the half from an unconverted try. Calgary fought back in the second half and was almost rewarded

with a try when Cam McCarthy tried to crash in from ten feet out.

Unfortunately, it wasnt Calgarys day, though, and UBC took the game and the tournament with a 10-0 nal

score. After the games the teams and supporters headed to the faculty for the BBQ and afterwards painted the town red.

Edmonton nally beat the other teams in the boatraces at Ceilis and could go back with some pride.

A very special thanks to our sponsors, the Society of Law Students and Blakes, Cassels and Graydon LLP. Thanks

to Gemma McLean, Kevin Simonett and Erin Farrell for helping with the BBQ and to Doug Mac Con for organizing it.

Our team was coached by two alumni players and one random Scot: Alex Ramsvig, Rodney Smith and David Bauer.UBC has agreed to host in 2009 so expect the boys to be holding some fun fundraising events this year. This reporter has

already suggested a sexy calendar. Hopefully their team photographer Court Aubuchon will be up to the task.


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Murray Fraser HallLaw School News

Calling All Single Law Students for New

Medical Study!Esther Kim

Symptom: Single law student

worried about work/life balance

Diagnosis: Anxiety ridden law

student.

Prescription: Law/Med Halloween

party, once a year, every year, until

your Cosby show destiny is fullled.

Entering a new school and career ought

to bring with it a plethora of opportuni-

ties to meet other single law students

or lawyers. However, in 3 years the

average law student attends about 46

law-related events and has about 203 conversations with other lawyers, yet

many are still very single. This is a serious problem amongst law schools

everywhere, leaving many wondering what is a single law-student to do?

Enter: the Law/Med Halloween party. This is the rst ofcial

combined Halloween party for the two faculties and hopefully we can makethis an annual event for all those lonely hearts out there wanting to fulll

their Cosby show destiny.

What is this Cosby show destiny that I speak of?

For the youngins out there, the Cosby show follows the daily lives

of Cliff Huxtable, a successful OBGYN, his wife Clair, a successful attor-

ney, and their 5 children. Yes, you read correctly - 5 children.

Not only do they have a successful marriage between two working

professionals they also show us that work/life balance is not some clich

thrown around by law rms to entice unsuspecting students. And if that

doesnt grab you, think about the convenience of free legal and medical

services for the family! This Cosby show destiny sounds too good to be true

and in reality it probably is..or is it?Only one way to nd out get your tickets for the Law/Med Hal-

loween party! It will be held on October 31, 2008 at Tantra. Tickets are $10

all proceeds go to Adopt-A-Family and the ticket also gets you no cover

and a free drink before 9:30pm. There are also prizes for the best costume.

Disclaimer: In order to fulll this destiny you must marry a doctor

and agree to have 5 children (by the way, this is a great pick-up line).

Anonymous Con-

fessions of a Law

StudentWho would have thought that law

school would involve so many func-

tions? Sucks for those of us who are

socially inept in these kinds of situ-

ations (read Nexen Mixer or Career

Fair) you know, being in a room

with a bunch of intimidating people,trying to tell them that what a great ad-

dition you would be to their rm and,

more importantly, why you would be a

better choice than the gold-medalist-

volunteering-motivated-people-person

professing his knowledge of the Car-

bolic Smoke Ball around the corner.

I dont know about you guys,

but no matter how many emails I

get from Maryanne about appropri-

ate behavior; when push comes to

shove, I always seem to remember herwords of wisdom 10 minutes too late.

Well, luckily for you guys, I, a self-

proclaimed experienced law school

student, am here to share my reasons

for following Maryannes what to do

tips. And who said law students were

competitive?

What to do: Make eye con-

tact

Why? If youre a breast man,

it should be obvious. For the rest ofus, believe it or not, eye contact shows

that youre interested in what the other

person is saying. I made the mistake

of diverting eye contact during a

conversation with a certain partner at a

certain law rm (starts with a B) and

visibly upset, she walked away. We

have yet to make eye contact again.

>> See Confessions on page 5


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When choosing a law firm at whichto article, I looked for a firm that

placed apremium on qualityof work, integrity, reputation,

diversity and collegiality.

CALGARY TORONTO EDMONTON

bennettjones.com/yourfuture

At Bennett Jones, we have a long tradition of

recruiting the best and the brightest, ensuring

that you have the opportunity to be mentored by

dynamic lawyers who are leaders in their eld.

Teaming up with partners and associates, youwill get out of the library and meet clients, attend

trials and mediations, participate in deals and

work on cutting-edge legal projects.

We make it our business to give you what

you need to be the best. Come work with the

brightest legal minds around and be a part of our

momentum.

Sebastien GittensBennett Jones Articling Student - 2007-08


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5

What to do: Bring a pen and paper to write notes

on conversations you have had

Why? I dont know about you, but after a couple

of drinks or a couple of boring conversations, I tend to

forget things sometimes, its pretty important stuff. Its

also good if you want to remember what you said the nightbefore, and if you should actually follow up with that email

the next day.

What to do: Introduce others as they join your

conversation

Why? Karma if for no other reason, do it for your

own selsh interest. Some day down the (very short) road,

you will be thankful for this.

What to do: Keep drinks and appetizers on a

minimum

Why? 2 reasons: Firstly, drinking like a sh will

probably end in you puking like a sh (truth be told, I dont

know if sh puke, but I imagine that they would if they

tried to down as much free alcohol as possible in 2 hours).

Secondly, eating free food to your hearts content will

increase the likely-hood of food spills on your just-came-

from-the-dry-cleaner-suit or pieces of parsley being stuck

in between your teeth. In a room full of competitive law

students, dont count on anyone being friend enough to let

you in on their edge.

What to do: Dont be lateWhy? Despite what I said above, if you want to

drink and eat, going early will allow you to do this - youll

get dibs on the best stuff and no one will be the wiser.What to do: Be yourself

Why? People can tell when you are nervous or

trying to be someone else. But, if you have an especially

undesirable personality, you might be better off as not be-

ing yourself who knows, you might be the exception to

the rule and it may come off as sincere.

On that note, I think Ill follow my own advice and

stop here before I dig myself into a deeper hole. Who said

confessions were good for you?

>> From page 3

Confessions

Hello from Oz !!!Kerry CundalSo far, participating in a term abroad has been an

amazing experience. I would recommend the experience toall those who are considering it for next year. I am here as

an international student, but there is a formal exchange be-

tween Macquarie University and the University of Calgary.

I am at Macquarie University which is located in

North Ryde, about a 20- minute drive to downtown Sydney

(depending on trafc). There are some important facts

to know about an exchange with Macquarie. First, the

semester begins at the end of July and nishes around mid

to late November. If you have work plans for the summer

between second and third year this may be problematic.

Secondly, as with any term abroad, you need to

start early with your application for your student visa. I

would recommend beginning your application for a student

visa at least 3 months in advance. You can apply on-line

for a student visa, but as with any bureaucratic process, de-

lays or unforeseen complications may arise. For example,

in my situation, my children accompanied me to Australia

under my student visa and I had some difculty with that.

The Immigration department required that I receive a let-

ter from the school that my children were going to attend

before granting me the visa. However, the school wanted

a copy of my student visa before they would accept my

children. It took about a month to get this dilemma sorted

out. In the end, the school gave me a conditional letter of

acceptance which was accepted by the government and I

received my student visa exactly one day before my arrivalin Sydney. Talk about cutting it close!

Thirdly and probably most importantly for some,

there is a mandatory attendance requirement at Mac-

quarie University. We are required to attend 80% of our

classes. They take attendance and you have to sign in at

class to verify your presence. Failure to meet the 80% at-

tendance may result in failing the course. Further, an F

in a course may result in a loss of your student visa. In

practical terms, you may miss 5 classes per semester for

each course. I enjoy attending class and Im an interac-

tive learner so it hasnt been a problem. As well, we have

a 2-week Spring Break from September 19 to October

7. Plus, my class schedule starts on Tuesday and ends on

Thursday so I have long weekends to travel around Syd-

ney.

So far, I have traveled up to Surfers Paradise and

enjoyed the East Coast. As well I have visited Fiji, Singa-

pore and Bali, so the class attendance requirement has not

interfered with opportunities for travel. We are heading up

to the Great Barrier Reef for some scuba diving next week.

I am also planning on visiting the West Coast. We are

renting a campervan and traveling from Perth up to Mon-

key Mia. At the end of November we are heading to NewZealand. We will spend Christmas in Maui and then back

to Calgary for Block Week. Life is rough just kidding.

Seriously, if you are at all interested in living and

studying abroad, do it! Life is short and a term abroad is

an incredible life experience you will not forget, nor regret.

Although I am enjoying my time in Australia im-

mensely, I do miss the U of C and I am excited about com-

ing back for one last semester. Go Class of 2009!!


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Peters Persistence about to

Pay OffJeff Wreschner

For many third year law students, the end is in

sight. Only one and a half semesters left of school, before

they head out into the real world, bright eyed and bushy-

tailed with degree in hand.

While the law school process is a long and arduous

one for all students, for Adolfo Peters - graduation is not a

new beginning so much so as a second coming.

Peters, who grew up in Bolivia, obtained a law de-

gree from Universidad Catolica Boliviana at the age of 22.

In Bolivia you can take a degree in law starting at

the age of 18, and thats what I did, said Peters.

After completing his degree, Peters headed to work

in a corporate setting handling insolvency matters.

It was interesting work, but it lacked the meaning-

fulness to me that I went to law school for in the rst place which was to help people.

Shortly thereafter, Peters went back to school to

South Africa at the University of Pretoria where he com-

pleted an LLM with a specialty in International Law.

[South Africa] was an interesting experience. In

Bolivia you see lots of poverty, but South Africa was very

interesting because it was a developed country industry-

wise, yet a lot of misery still permeates through that conti-

nent.

With his second degree in hand at 25 years of age, Peters

was ready to pursue his passion for helping people with the

law, but a family decision altered his future.My family had spent some time in Calgary when I

was in my elementary school years. We moved back to Bo-

livia after that. Shortly after graduating from South Africa

my dad made the decision to move back to Canada again.

At the time it was the right decision for the family, said

Peters.

Packing his bags once more Peters headed back to

Calgary only to nd out his previous schooling in law, was

insufcient to practice in Canada. Instead of heading back

to Bolivia to pursue a career in law, Peters opted to enroll

in the University of Calgary law program.I knew it was going to be tough, because after

you go through seven years of school, and nd out its not

enough and you need to invest more time to do it, [that can

be disappointing]. But I looked at it as an investment in my

future.

Over the course of his time at U of C, Peters not

only attended class, but became an active member of Stu-

dent Legal Assistance, where he was able to put his passion

for helping people to work.

This is why I came to school in the rst place.

None of the other places I went to had something as orga-

nized and as well-run as this, said Peters who, himself,

substantiated the rumors that he has slept over night in the

SLA ofces. I have been up late working on

case les, and since I live so far from campus I stayed

over night rather than heading home.

As the end of school draws near for Peters yet again, he

spends his time nishing up course work, working at SLA

and seeking an article position that will provide him with

an opportunity to litigate and eventually work in the eld of

international law, where he can put his passion for helping

others to work once again.

Its not about just getting any article. This is about

where I want to go, where I can learn and ultimately help

me become what I want to be.

For Peters, the wait is almost over.

Where are they now? From

Calgary to DubaiInterview thanks to Pinder Shoker

Neil Prendergast graduated from the University of Calgary

Faculty of Law in 2002 and is currently an associate at

Burnet, Duckworth & Palmer LLP (BD&P). He worked

at BD&P as a summer student, continued on as an articling

student and remained there as an associate until December

2005, when he decided to leave his position and practice

law overseas. Neil returned to BD&P in 2007 and now fo-

cuses his practice on commercial transactions, mergers and

acquisitions as well as energy.

You had been working as an associate at BD&Pwhen you decided to move to Dubai to practice law, how

did this opportunity arise?

I personally sought out the opportunity to practice

law abroad and was able to get information about overseas

opportunities through a former law professor of mine at the

University of Calgary, Jay Todesco. Since I had worked

at BD&P for two and a half years, this allowed me to gain

valuable legal knowledge and experience before I headed

abroad. In particular I chose to practice law in Dubai be-

cause I thought it would be an exciting place to live. Also,

it was a place where I could build my legal skills, especial-ly in the area of energy.

What was the best thing about practicing law

overseas?

It would have to be the opportunity to work with

lawyers and clients from all over the world. I especially

enjoyed the different negotiation styles that I encountered.


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Neil Prendergast (far right) and friends

What were some of the advantages to living in Dubai?

I really enjoyed the people I met there. Also

because of the location I was able to travel easily to other

countries including a trip to India with my wife and chil-

dren.

Since you resigned at BD&P to work overseas,

what was the process like coming back to Calgary?

I made sure to maintain ties with the partners at

BD&P while I was overseas and I let them know I wouldlike to return to the rm once I came home to Calgary.

They were supportive in accommodating my return to

BD&P.

Now that you are back in Calgary, how do you

manage to have a work/life balance?

I have ve children so I have considerable motiva-

tion to maintain a work/ life balance, however, it can be a

challenge to nd that balance. I have found that the further

along you get in your career, the more control you have

over your schedule. As a result, now I usually work 7am to

6pm so I can be at home in the evenings to spend time with

my family.

Students at the University of Calgary will be ap-

plying for summer jobs next week and attending inter-

views in a couple of weeks, do you have any advice for

them?

I would recommend that students include some-

thing interesting in their resume or cover letter that they can

use as a source of discussion in their interviews. Also, it isimportant for students to research the rm they are inter-

viewing with and ask thoughtful questions to show

they have done their research on the rm.


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The Sporting Life

Hockey Pool updates presented by BD&P

Phone: 403-260-0100

Fax: 403-260-0332

www.bdplaw.com

COMMON SENSE,

UNCOMMON INNOVATION.

The Moot Times would like to present the rst ever Burnet, Duckworth & Palmer NHL Hockey Pool!

The pool is exclusive to U of C law students and is free to enter. Prize money will be awarded as fol-

lows: rst place ($200), second place ($100) and third place ($50).

The pool is limited to 20 participants, on a rst come, rst serve basis. In order to participate youmust sign-up for registration at 9:00 AM on October 9th in the Student Lounge. After registration,

participants will be provided information regarding the draft, rules and scoring system. Based on de-

mand, another pool with a nominal entrance fee may be started. Game on!

-Commissioner Campbell

Its that time of the year ladies and

gentlemen. The air seems to smell

sweeter, food seems to taste a bit

better and many of us are constantly

contemplating watching television

over studying. What time of the year?

Its HOCKEY TIME!

With the NHL regular season

upon us, excitement among fans andplayers is brewing. The structure of

the new Collective Bargaining Agree-

ment has given rise to the emergence

of a plentiful amount of competitive

teams. It is reasonable to say that the

Detroit Red Wings and the Pittsburgh

Penguins are the one-two favourites to

win the Cup this year. Otherwise, there

looms a quiet uncertainty as to who is

third, as there are so many other great

teams. One thing is for certain, the

Toronto Maple Laughs are not making

the playoffs for a fourth year in a row.

One must commend team management

for nally accepting the fact that the

team has blown up. But was this not

inevitable? It seems that this move is

more a function of timing and not op-

portunity. Many Torontonians believe

that if Leaf owners had their way,

management would continue to roster

mediocre teams and to sell impos-sible-to-buy tickets. Either way, it

is about time that the Leafs began to

rebuild, after all, the last time they

won the Stanley Cup was the year Jimi

Hendrix began the tradition of burning

his guitar!

The Leafs are one example of

another shift. Teams can no longer win

by simply buying players and making

trades for over-the-hill veterans, while

burning all of their draft picks. Youthis the lifeblood of todays NHL.

Although the 2008 Stanley

Cup Champions Redwings were a

team of gritty veterans who knew how

to win, they could not have done so

without the likes of talented young-sters Franzen, Kronwall and Hudler.

All three youngsters played their roles

extremely well during the regular sea-

son, but Kronwall and Franzen elevat-

ed their game to a new level during the

2008 playoffs. The Detroit youth did

not succumb to the inexperience that

hinders most young players during the

two month war in the trenches which

is the NHL playoffs.

So, the Redwings appear tobe the clear cut favourite to repeat and

hoist Lord Stanley this year, even with

the departure of league-wide beloved

Dominik Hasek. The Penguins have

an extremely strong team and look for

them to nish atop the Eastern Con-

ference standings and make another

legitimate push for the nals this again

ear.

That being said, we must never forget

that once that rst puck drops in the

Stanley Cup Playoffs, its a whole

NHL Regular Season Starts:

Yeah Baby!James Gibson

>> See Hockey on page 12


9/20

YOUR CAREER:the possibilities

are endless.Interviews for first and second year summer student

positions will take place at the BD&P offices starting

October10th. Offers will be made November 5th.

For application and recruiting contact info please visit

www.bdplaw.com

Common Sense, Uncommon Innovation


10/20

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11/20

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12/20

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new ballgame, played with a puck, stick and a

few missing teeth. Who would have thought that

the underdog Edmonton

Oilers would beat the top

seeded Redwings in the

rst round and lose tothe Carolina Hurricanes

in game 7 of the Stanley

Cup Final in 2006? Who

knows, maybe the Ca-

nucks will take it all this

year? Ok - that is about as

likely as Cowboys being

rated by the Herald as the

safest bar in Calgary.

So for all you avid hockeyfans out there, dont

forget to join the BD& P

Law student hockey pool

and remember that read-

ing cases always comes

second to watching your

beloved hockey team!

>> From page 8

Hockey


13/20

13

Developments in

the LawThere are rare moments when an entire

nation will gather around their radio

sets to hear a historic political address

and the past summer witnessed exactly

this situation.

On June 11, 2008, many Ca-

nadians listened to the governments

historic apology to Canadas First

Nations people in general and the

Indian Residential Schools survivors

in particular, ending a dark chapter

in Canadas collective memory and

providing some justice to its victims.

The Indian Residential

Schools (IRS) were part of a govern-

ment policy of gradual assimilation

and were administered in conjunctionwith various church bodies. Tuber-

culosis fatalities, sexual assaults and

cultural genocide were only some of

the atrocities experienced by survi-

vors. The last federally run residen-

tial school, the Gordon Residential

School, did not close until 1998.

The Assembly of First Na-

tions Chief, Phil Fontaine, was

instrumental in this ending and the

subsequent apology. He is a proud

member of the Sagkeeng First Nationin Manitoba and the youngest son of

a large Ojibway family 10 brothers

and 2 sisters.

After a few months of spend-

ing most of his time at 30,000 feet,

Chief Fontaine offered his thoughts

to a packed Murray Fraser Hall on

the way forward, past this symbolic

and hard earned gesture since, as Jack

Layton emphasized: It must not be an

end. It must be a beginning.

The most important rst step

is to eradicate First Nations poverty,

the AFN chief said. This is the single

most important social justice issue of

our time. There is no justication for

that [poverty] to exist in a country like

Canada.

Fontaine emphasized the need

to reduce the dire poverty on many

aboriginal reserves, although he quali-

ed his statement with reference to his

own ringing blackberry. In all serious-

ness, though, he explained that many

reservations are rife with povertyissues, gang problems and suicides

by boys as young as 6 years of age.

27,000 First Nations children are in

state care, approximately three times

the number of children in the residen-

tial schools system at its height.

To address such issues, politi-

cal will is necessary. The Canadian

government cannot take positions

that ultimately take a step back from

the apology according to Fontaine, as

they did when they declined to ratifythe UN Declaration on Indigenous

Peoples.

[The Canadian government]

is picking and choosing which human

rights they are going to support and

they said no to the human rights of

indigenous peoples, he lamented.

Another critical step following the

apology will be the course of the

Truth and Reconciliation Commission,

which is an exercise in restorative

justice aimed at initiating and encour-

aging reconciliation among former

students, their families, their com-

munities and all Canadians, as well

as promoting awareness on the IRSs

impacts on human dignity. Obviously,

the commissioners will look to the les-

sons of similar (though very different)

truth commissions in South Africa andLiberia.

Yet the success of the apol-

ogy, the political and social justice

initiatives, the truth commission and

the common experience payments will

ultimately depend on the will of the

Canadian people- aboriginal, English-

speaking, French-speaking and new

immigrants.

The suffering happened in

your name, in the name of all Canadi-ans, in your own backyard, Fontaine

said. Youre going to have to walk

with us.

Phil Fontaine recounted a

small anecdote that was a large ex-

ample of such true reconciliation, de-

scribing when, following the apology

broadcast, a Winnipeg woman brought

mufns to her aboriginal neighbours to

apologize on behalf of Canadians. The

importance of such gestures cannot be

understated, yet many more will beneeded.

There are other commitments

that come with the commitment to

never again.

You must continue to accept

us for who we are, know our history,

Phil Fontaine Addresses Students:

the crucial rst step in never againOrlagh OKelly

>> See Fontaine on page 15


14/20

the

new lawyer

Kyla Sandwith, LL.B.

Halla Elias, LL.B.

Valrie Dufour, LL.B.Montral

Marketta Jokinen, LL.B.

Joanne Silkauskas, LL.B.Ottawa

Rick Morelli, LL.B.

C A L G A R Y M O N T R A L O T T A W A T O R O N T O V A N C O U V E R W A T E R L O O R E G I O N

www.blgcanada.com/newlawyer

COMMITTED TO YOUR SUCCESS AND DEVELOPMENT.


15/20

15

know and try to understand our connections to the land and

forget the stereotypes that We are drunks. Fontaine asked

of the diverse crowd at the law school.

If nothing else, Fontaine offered inspiration that

tenacity can bring hope for justice.

This understanding makes Canadians different.

As Fontaine concluded, We are different. in avery positive way. Differences give strength to this coun-

try.

>> From page 13

FontaineThe Duty to Consult and

Aboriginal PeoplesROXY PETTS

What is the content of the duty to consult?

In Delgamuukw, the Supreme Court ruled that

this duty arose as a consequence of the duciary duty of

the federal Crown to Aboriginal peoples [para 168], whenthe government was making decisions that affected land

claims areas. The Supreme Court of the Yukon Territory

in Little Salmon [2008] extended this obligation to treaties

already in place, declaring that the right to consultation is

implied in every treaty. As subsequent issues have arisen in

the Courts with respect to this duty, the concept has evolved

accordingly.

In Haida [2004], three principles emerged with

respect to this duty. Firstly, the duty applies to provincial

Crowns as well as to the federal Crown, since the pro-

vincial Crowns took their interest in land at the time ofUnion subject to the already existing interests of Aboriginal

peoples. Secondly, the Crown cannot delegate the duty to

consult to a third party (i.e. private enterprise), since this

abrogates from the honour of the Crown from which the

duty ows. And lastly, the duty to consult does not imply

an obligation to reach an agreement amenable to Aboriginal

interests, only to engage the affected Nation in a meaning-

ful way.

The Taku River Tlingit decision of 2005 estab-

lished that the duty to consult in some instances could be

incorporated into existing legislative or regulatory schemes,

without the need to establish an independent process. Inthis decision, the Supreme Court found that the general

consultation procedures contained within the province of

B.C.s En-

vironmental

Assessment

Act were suf-

cient to meet

the duty

to consult

requirement,

since theTaku River

Tlingit had

fully partici-

pated in the

decision-mak-

ing process

delineated by the Act.

What is the scope of the duty to consult?

In the Mikisew Cree [2005], the Supreme Court found that

there was no absolute standard but that the degree and kind

of consultation required would depend on such factors as

the strength of the right or land claim forwarded by the

First Nation coupled with the degree of impact the pro-

posed development would have on those rights or claims.

There is a suggestion in this case that mere public noticesof hearings on land-use or development proposals are inad-

equate, and that direct consultation with the affected First

Nation is necessary.

Where do we go from here?

With much of economic development enacted

through the regulatory process, I expect that many of the

principles developed in administrative law will be grafted

onto this developing principle of consultation. In this con-

ceptualization, First Nations groups would become another

player at the table along with industry and other interest

groups, in the consultation process that precedes regula-

tory decisions by administrative bodies. How effective and

meaningful this will be for protecting Aboriginal rights and

lands remains to be seen.

Phil Fontaine chats with some students after his lecture


16/20

16

Political

AspirationsThe Fab Five in the Real Debates

Stephen J. Morris

On Thursday evening, while everyone was watching the American vice-

presidential debates, Canadas Fab Five dueled to the death in a political

cage match.

And there were some deaths.Most people thought Happy Jack totally upstaged Dion, and Du-

ceppe actually pronounced him dead halfway through the evening. Dion

did fail to live up to expectations and certainly failed to distract the audi-

ence from the entertaining and relentless assault on Harpers character. It

was clear from the start who the main target of the debate was, although

every once in a while Jack remembered to rib Dion in his bid for ofcial

leader of the opposition.

There were 8 questions posed to the leaders, the most important

being the economy. Dion was at his most persuasive during this ques-

tion, declaring that countries who help their poor consistently outperform

other economies, and labeled Canada a properly socialist country. Notethat this is not unqualied, as Saturday he asserted that the NDP was too

socialist for Canada.

Dion sounded convincing when denying Harpers claim that the

Green Plan would create twice as much tax as it relieved, and in truth

Harper was only half right. As Dion pointed out, a poor family might

receive as much as $2400/year in benets. Only single people would pay

twice as much as they save.

May suggested decreasing the value of the dollar to make exports

more competitive, and promised to end foreign takeovers of Canadian

companies, like Eatons. She and Jack agreed with Duceppe when he

stated that there are two economies in Canada, one for the oil companies

and one for everybody else. Mesmerizing anyone who dared to peer

directly into his bottomless sea-grey eyes, Gilles successfully pulled off

a fascinating leap of logic and added that abiding by our Kyoto commit-

ments would help to end our economic instability.

This led to the second question on environment, whereupon

Harper began to squirm visibly.

Envy for the Debate

South of the 49th

ParallelJoshua Tree

Barak Obama is the secondcoming of Christ. Sorry Amare

Stoudemire, but I dont think black

Jesus would place dominating

roundball as number one on his

agenda. Itd probably fall to num-

ber 3; after community organizing

and inspiring the masses. Toss in a

wicked 3 point shot and you have

Obama in a nutshell. Well, not so

much nutshell as chocolate coated

candy treat, whose sweet sympho-ny of avourful eloquence makes

my lips smack with satisfaction

(mix enough metaphors for ya?).

Sufce it to say that the

cockles of my heart yearn for this

guy. A boy crush if you will. The

sort a certain Socratic professor of

mine seems to profess to me each

and every class we share together. I

wont get any more specic except

to say that I wouldnt accept the of-

fer without consideration. Im only

kidding, please dont sue...

Back to Obama. I thought

to write this column in the form of

a poem praising him effusively, but

I couldnt come up with anything

>> See Fab Five on page 17 >> See USofA on page 17


17/20

17

Jack insisted that the polluters should pay, while Dion and May ap-

peared to believe that pollution is a valuable source of federal income

that could allow for decreased taxes and a stimulated economy. Neither

responded to Harpers criticism that there is naturally an economic cost to

pollution taxes, and no one appeared to be aware of the fact that oil com-panies would not exist if not for consumer demand for energy and oil.

The most amusing question asked the leaders to express their ap-

preciation for the arts. Dion accused Harper of seeing artists as enemies,

and May berated his mean-spirited and stupid ideological choices of

program cuts. Harper defended his cuts on the basis of efciency, which

was probably not entirely forthcoming, as cutting the program that spent

$30,000 to send Avi Lewis to Europe is not a likely uke. And did Du-

ceppe say his father was a comedian?

Predictably, the four opposition leaders spent most of the eve-

ning quoting from the classic playbook, 50 Ways to Insult a Capitalists

Intelligence; Dion accused Harper of being distrustful of judges (whofrequently employ house arrest, which Harper argued results in increased

chances of recidivism), while May labeled him a tyrant who saw himself

as above the law.

Compassion for criminals must equal compassion for victims,

retorted an indignant Harper, with discernable daggers in his eyes.

Meanwhile Slappy Jack compared Bush to Harper with a sweet

smile about every fteen minutes.

While such statements contain questionable substance, they appear effective enough in open conversation. It is

hard to say who truly won the debate; Elizabeth May pulled off a convincingly brusque Enviro-Valkyrie, and

recent polls suggest that she beneted the most from her spirited performance.Lucky Layton took clear advantage of the opportunity that comes with never having to follow through

on any one of your promises, and pounded the thrifty Dion into the dirt with proposals like reducing crime and

poverty, decreasing working hours by 190 hours per month per family, and increasing doctors by 50% while

paying for all prescription drugs, and rolling back tax cuts.

Not to be outdone, Dion swore to resolve the global credit crisis and convert Canada into an economy

that makes more with less through a green shift, instantly making Jack Layton look believable, perhaps the

most impressive rhetorical coup of the evening.

Gilles The Iceman Duceppe chuckled at his own irrelevance and provided the comic relief, repeatedly

insulting everyone in the room in that charming way that only a Frenchman can, and easily boosted his popular-

ity in Quebec and every other French speaking nation in the world by another 15%.

However, the spectacle provided by the opposition made everything Harper said completely forgettable,which was exactly what he wanted. While Harper has suffered a loss of 2% in the polls, this had been the oppo-

sitions nal and biggest chance to cut him down to size. Given that Harpers stated goal was merely to survive

the evening, it may be him who scored the greatest tactical victory.

to rhyme with the greatest thing to

happen to American politics since

Kennedy. Hmmm...maybe I ought

to just scrap that line altogether,

not too poetic now that I see it onpaper.

Ive heard it said a thou-

sand fold that hes high on hope

and light on experience. To be fair,

its unlikely that one man (woman,

or handi-able person like George

Bush) could x Washington. But

gosh darn it Obama could wreck it

worse and sell me a majestic vision

of how its improved and I would

lap it up like Knoll and Fluker. (Imso sorry).

In conclusion, I was asked

to write out my thoughts on the

current Canadian election, and I

think Ive hammered that home.

>> from page 16

Fab Five

>> from page 16

USofA


18/20


19/20

19

WorkLife BalanceWHAT NOT TO WEAR:Dos and Donts of Law Event Outts

Fiana Bakshan, Liz Kay, with Contributions from Maclean Kay

Summer job interviews are right around the corner. So, for those of you

not trying to completely embarrass yourself, here are some helpful fashion sug-

gestions:

Do not wear you and me baby aint

nothing but mammals so lets do it

like they do on the discovery channel

t-shirt.

Dont wear anything you would ex-

pect to be picked up in. Erin Brock

ovich is not the exception that

proves the rule. If its in any 80s music video, the

answer is no. No exceptions.

If you ask someone how do I look

and they begin by saying umm

then maybe you should try something new, sport.

Doesnt matter if its the playoffs (even if the Flames are in the Stanley Cup

Finals), no jerseys allowed. Your Honour could be an Oilers fan.

If you have to ask if you should have shaved, the answer is always yes. That

goes for men too.

Do not use red nail polish to x a run in your nylons. That goes for women

too. If your mother bought it for you as a Christmas giftnot a good idea. Unless,

of course, you think your mother has good taste, in which case, what colour is

the sky in your world?

If defending a client, do not wear your Im with guilty t-shirt.

Maybe just go ahead and burn that shirt right now.

No, really, its probably not a good idea to even own it.

In all seriousness, how you present yourself at interviews is more impor-

tant than you think. You should always wear a suit when attending interviews,

even if it is an informal second coffee interview. Men ties are a must! Make

sure you know how to knot one. This is a skill that will probably come in handy

if you plan on practicing law.

As for women, if youre wearing a skirt, ensure it is an appropriatelength. Just above the knee, or longer should be okay. Dont try to emulate Ally

McBeal TV is not real life! All in all, you want to look professional but at

the same time wear something that reects your personality. This may involvewearing a great pear of shoes with a more conservative suit or a brighter tie.

(Yes, men can wear pink in the 21st century!)

Finally, personal hygiene is very important. You dont want to be re-

membered as the guy/girl with the funky aroma

Goings on - les from

Jane Butcher

THE ZOMBIE WALK:

www.calgaryzombie.com

The Zombie Walk is an annual

October tradition here in Calgary

where a few hundred

people dress up as zombies and

zombie march from Olympic Plaza

down Stephen Ave and

then on to 17th. Some years are

bigger than others, but it is gener-

ally entertaining--people get fairlycreative with costumes. And the

organizers dont usually tell the

shopowners or shopgoers what day

the parade is, which is part of the

fun ... especially when the zombie

hoard mobs the McDonalds.

WORDFEST:

www.wordfest.com

For anyone with an interest inliterature, dont miss Wordfest

October 14 19. Big names this

year include Ronald Wright, Nino

Ricci and Rawi Hage, amazing

spoken word poet Shane Koyczan,

among others. Some of the events

are at the university, and others are

well worth heading downtown for.

Tickets are half price for students

and cheap to begin with

WANT TO KNOW MORE?

http://www.rstthursdays.ca/

See First Thursdays: the rst

Thursday of every month, there are

all kinds of cultural events/talks/

gallery openings etc downtown. It

can be pretty fun.


20/20

Sunday

Mo

nday

Tuesday

Wednesday

Thursday

Friday

Saturday

Oct.8

th

Infosessionforprospective

studentsonLLBprograms.

ThenseeIronandWineat

MacEwanBallroom.

Oct.9

th

BD&PHoc

keypoo

lsign

upat9AM.McG

illivray

ShieldMootFinal,witha

receptiontofollowinthe

FacultyLounge

.

Oct.10th

DeadlinesforCalgaryrms

summeringpositionsare

passedorapproaching.

O

ct.11th

C

algaryHighSociety,look

o

utforthismonthsTeatro

S

eriesspeaker,journalist

M

ichaelBarone.

Oct.12th

HappyThanksgiving

Alzeihmerswalkandrun

AtEauClaire!

Oct.13th

ShowyourU

ofCSPIRIT:

LawGamesdeadline

tomorrow!

Oct.14th

ELECTIONDAY!USE

YOURS.7RIGHTS.

Oct.15th

CBAEVENT:Corporate

Counselsectionmeeting,

withguestspeakerson

thetopicAboriginal

Consultation:Challenges

forIndustry,at12pm.

Oct.16th

CheckouttheC

algary-

BanffWordfest

running

Oct.14-19.

Oct.17th

BennettJonesRecruitment

Mixerforwilltakeplace

at4500BankersHallEast,

8552ndStreetSW,starting

at5pm.RSVPrequired.

Formoreinfo,contact

MaryanneForrayi

O

ct.18th

E

njoyaclassicalevening

w

ithLyricBaritonevocalist

B

radHoghham,Eckhardt-

G

ramatteConcertHall,

T

icketsavilableatCampust

T

icketcentre.

Oct.19

NeilYoung,DeathCab

forCutieandWilcoatthe

SaddledomeandGorilla

RunattheZOO.19

Oct.20

HenryRollin

sRecountdown

Tour-AnEv

eningof

SpokenWord

Oct.21Environmental

LawSocietyspeakerseries

TBD,12to2pm

Oct.22

Oct.23

LearnandLunc

halert:

TheAlbertaCiv

ilLiberties

ResearchCentreis

presentingDo

Racismand

InequalityMakeusSick?

at12pminMFH2370

Oct.24

CallDay

forTorontosecond-

interviews

O

ct.25

Oct.26

RUN

HalloweenHowl10km

Oct.27

ArtshowatUofCandBob

DylanatSad

dledome

Oct.28

Clerking

AlbertaCourtsinformation

sessionat12pm

Oct.29

Oct.30

AlumNight03Halloween

Partyforallyounggradsat

HotelArts

Oct.31

JointLaw-Medicine

HalloweenpartyandSLS

fundraiserforAdopt-a-

FamilyChristmasCharityat

TANTRA

N

ov.1

C

elebrateAllSaintsday

atthe

W

interstart5milerinBanff

Nov.2

Nov.3

Lessthanam

onthleft

ofclasses!

Nov.4

th

ReckoningDay:Americans

choseObamaorMcCain

Nov.5th

OFFERDAY.

Makesuretoanswercalls.

Documents

Moot Times - October 2008