February, 2012

All the news that’s legal to read.
Moot Times
February 2012 Edition
The University of Calgary
Law Student Newspaper
Stock-Bateman, Rabinovitch win Blackstone Medals Debate
Millar and Millar
The Blackstone final four: Tim Stock-Bateman, Waqas Iqbal, Lily Rabinovitch, and Alastair MacKinnon.
Heather Beyko, 2L
The monopoly of the legal profession
will continue! At least, that was the
position of the winning team at this
year’s Blackstone Medals Debate Finale
held on February 7.
Lily Rabinovitch and Tim StockBateman represented the Negative team,
winning the judges’ approval in a split
decision against the Affirmative team
Alastair McKinnon and Waqas Iqbal.
The panel of Judges included Dean
Ian Holloway and two past Blackstone
Debate winners, Richard Billington,
Q.C. (LL.B ’83) and Susan Billington,
Q.C. (LL.B ’85). Billington commented
that this year’s debate proved to be
packed full of talent and that it was an
extremely hard decision choosing the
winning team. After the winners were
announced, the Baker Billington Cup
for Top Oralist was awarded to Alastair
McKinnon for his notable speaking skills
and delivery during the heated debate.
Special guest Tema Blackstone,
daughter of the late Judge Irwin A.
Blackstone Q.C., graced us with her
attendance at the debate, as well
as at the Afternoon Tea Reception,
where 3L Jennifer Kwong provided
musical entertainment with her
beautiful piano playing.
Not only is the Blackstone Medals
Debate a great learning experience
for students pursuing a career in law,
finalist Waqas Iqbal also testifies that
this competition can be exciting and
entertaining: “I could invoke Teddy
Roosevelt here about getting into the
ring and getting your face dirty, but in
the end it’s actually a helluva good time.”
In this issue:
• 7 Advice on Smaller Firms
• 9 Unbundling Legal Services
• 10 SLA Trial Competition
• 12 Law Formal Photos
News briefs
Moot Times
The law student newspaper at the
University of Calgary. Gettin’ legal
since 2008.
Editors
Heather Beyko
Steve Carey
Tracey MacCorquodale
Contributors
Andrew MacRae, Roisin
Hutchinson, Heather Chan,
Kimberley Ketsa, Erik Arnold,
Mike Selnes, Heather Beyko, Steve
Carey, Tracey MacCorquodale,
the Sudoku Generator guy (www.
opensky.ca/~jdhildeb/software/
sudokugen/) and Thomas Mills
Hinkle, Geoff Mariangeli, John Ng,
Contact
For news submissions, story ideas,
or just to say hi, write to
[email protected].
For ad sales, announcements or
anything related to management,
write [email protected].
Disclaimer
The opinions and articles expressed
within
are
not
those
of
the
University of Calgary Faculty of Law.
The Moot Times is an independent
publication, run by students for
students. Don’t even think about
suing us. One miscreant tried, but
he missed the filing date under the
Defamation Act, the sucker.
2 Moot Times February 2012
Millar and Millar
Lily Rabinovitch and Tim Stock-Bateman, Blackstone winners.
Business Law Association’s Clothing
Event for Women
The Business Law Association is
hosting a Dress for Success event at Blu’s
Women’s Wear on Friday, March 2. For
more information, contact Erik Arnold,
Adam Foster, Danielle Emmett, or Adam
Armeland. Also, see the article on the
BLA in this month’s Moot Times.
ELS hosting first annual year-end
celebration and charity benefit
The ELS is supporting the Food for
Peace Society of Calgary at its end of
year event, to be held on March 2 from
2 p.m. to 5 p.m. at Sunterra Market.
Tickets are $20 and include appetizers, a
drink ticket and entertainment. Tickets
are available from Jackie Johnson (1L),
Heather Weberg (2L), Christina Lam
(2L) and Alison Koper (3L).
Are you a 2L and mentor material?
Are you interested in being a mentor to
students at Thompson Rivers University,
our little buddy? If so, get in touch with
Amanda Winters or Cameron Greaves,
or e-mail [email protected] and we’ll
forward your information along.
Law Show is coming—be prepared
The annual law show is coming March
23, where law students show off what
talents they have outside the classroom.
It’s true, they’ve got some! To submit a
skit or volunteer to help, contact Jon Ng
at [email protected] by Monday,
March 19, with you name, phone
number, description of the act, length
of act, and equipment required. Tickets
will be on sale after reading week.
-Moot Times Staff
2L Profile: Andrew MacRae
Provided Photo
Andrew gave us this totally sweet photo of him next to a mountain, so we decided to run it in all its sweet, sweet glory.
Name:
Andrew MacRae
Hometown:
Vancouver, B.C.
Undergrad studies:
History, with a minor in Medieval Studies.
Pre-law employment/volunteer
experience:
My longest job before law school—big
reveal to classmates—was in a grocery
store. I also worked as an industrial firstaid attendant. It was a fun job, but not the
career I wanted. It also felt a bit morbid
to wait around for people to get hurt.
Exam rituals:
At UBC, I used to walk through Nitobe
Japanese Garden to clear my mind.
In Calgary, I just go for a walk around
campus, and find a moment of peace to
ease my stress.
What do you do to keep sane?
I enjoy taking a break to cook or watch
TV—both are a time to think about
something outside of law school.
If you could be any place right now,
where would you be?
In Pacific Spirit Park, Cathedral Park,
any decently sized park in BC really.
Nothing else is quite like escaping from
the world and feeling at peace, standing
in a gallery of serenity.
What is the scariest thing you’ve
ever done?
When I was 16 I drove in the snow in
Vancouver for the first time in my Dad’s
car that was not meant to be in the snow.
I am now more experienced at driving
in the snow, but at the time it was
a terrifying drive.
Famous person you look up to
and why:
George Orwell. He had the courage to
use eloquent and yet clear language to
illuminate the murky world in which
he found himself.
Something no one in law school
knows about you:
I still know the words to a poem I
learned in Grade 5: “Stopping by
Woods on a Snowy Evening” by Robert
Frost. I have never forgotten the poem,
for some reason.
Your biggest fashion faux-pas:
A hot pink bike helmet I had when I
was around 10 years old. It was a fauxpas for a 10 year old boy. It was handed
down from my older brother (long
story), and I hated it. I broke it when
I rode my bike into the back of a car
(another long story).
February 2012 Moot Times 3
3L Profile:
Roisin Hutchinson
Name:
Roisin Liza Hutchinson
Hometown:
Calgary
Undergrad studies:
English Literature
Pre-law employment/volunteer
experience:
South Korea, cubicle farm, Sommelier—
general
debauchery
throughout—
in that order.
Exam rituals:
Isolation. Lindt mint dark chocolate
truffles. This year I went out halfway
through exams with friends and we were
cut off before midnight. Comparable
results to 100% isolation.
What do you do to keep sane?
I strive for consistency so I try to
maintain my neuroses at the same
level throughout the year. I do this by
indulging in extremes.
If you could be any place right now,
where would you be?
What’s my budget?
What is the scariest thing you’ve ever
done?
Figuring out what I really want. Also,
I went skydiving (not tandem) at that
place in Beiseker where someone died.
Provided Photo
Roisin doesn’t believe in choosing between the red and the white.
Famous person you look up to
and why?
I have only ever looked up to fictional
characters. La Femme Nikita (the
original French version!) would be one.
Something no one in law school
knows about you:
I’m not telling.
Your biggest fashion faux-pas:
Thankfully I’m not in a position to
answer this question. I would never wear
Uggs, or tights instead of pants.
Looking back, what would now-you
say to past-you about law school?
Embrace platitudes. Be yourself.
Are there jobs in Environmental Law? ELS panel says yes
Kimberley Ketsa, ELS
This month law students had the
privilege of gaining some insight on a
career in environmental natural resource
and aboriginal law. It was all thanks
to the Environmental Law Society
(ELS), Career Services, The Alberta
Law Foundation, and the Canadian
Bar Association (Alberta Chapter) who
hosted the Environmental and Natural
Resources Career Possibilities Panel
on January 26.
Panelists included Thomas Kehler, VP
Legal Affairs at Suncor; Duff Harper,
4 Moot Times February 2012
a partner at Blakes; David Venour,
counsel with Aboriginal Law Services
for the Federal Department of Justice;
Paul Negenman from EnerLaw; Brenda
Heelan Powel from the Environmental
Law Centre; and our very own Professor
Shaun Fluker. While the pizza may have
brought you in, the great advice and firsthand knowledge about this area of law
should have kept you right until the end.
But if you missed it, what’s the most you
could have taken away from this panel?
How about the truth about pursuing
a career in these areas from specialists
with a broad variety of backgrounds
(including one from rock n’ roll, baby).
The greatest piece of advice for confused
law students stressed about their career
paths: even if you don’t feel like a rock
star now, following your passion is key.
The experts on our panel were open
minded about where their careers could
take them, they took risks in changing
their career trajectories, and they
created opportunities for themselves
regarding their interests in law.
At the law school level, Fluker suggests
taking the basic courses in the areas that
interest you to get a head start on the
subject matter. (Continued on page 8)
1L Profile:
Heather Chan
Name:
Heather Chan
Hometown:
Toronto, Ontario
Undergrad studies:
My bachelor’s degree is in Botany, with a
focus on Plant Pathology and Mycology.
Then I went to college to study Fine
Arts and Computer Animation. After
working for a few years, I returned to
undergraduate studies for Philosophy
and Equity Studies before coming
to law school.
Pre-law employment/volunteer
experience:
Oh wow, there’s so much! Most recently,
I worked in a small law office in Toronto
as a legal assistant in Real Estate law.
Before deciding to pursue law, I worked
full-time for about four years as a 3D
Artist, creating sparkly 3D graphics for
the children’s website Webkinz.com.
While in school, I worked part-time as
a Children’s Art Instructor for Toronto
Parks and Recreation and as an assistant
at the Government Documents library
at the University of Toronto. The most
interesting job I’ve had was working
as a salesperson during the Halloween
season at a downtown Toronto
costume shop called Malabar’s. It was
simultaneously the most entertaining
and the most exhausting ten weeks
I’ve ever experienced.
Exam rituals:
I try to remember to eat regularly, get
enough sleep and de-stress regularly,
but usually fail miserably at all three.
I often find myself procrastinating
by cleaning the house, playing video
games or sketching.
What do you do to keep sane?
For me, it turns out that volunteering
with SLA has been the one thing
that’s kept me sane since starting law
school. No matter how confusing or
overwhelming my studies are, SLA is a
place where I can accomplish something
significant by helping people. It keeps me
grounded and reminds me of the reasons
why I wanted to become a lawyer.
Provided Photo
Heather’s been a scientist, artist and now, a U of C Law student. Huzzah!
If you could be any place right now,
where would you be?
In my bed, sleeping. Alternatively, it
would be fun to wander around Japan,
Europe or Australia with friends for
a few months.
What is the scariest thing you’ve
ever done?
Quitting my full-time art career and
deciding to become a lawyer.
Something no one in law school
knows about you:
While I was studying Computer
Animation at Seneca College, I
volunteered as a production assistant for
a computer animated short film called
Ryan, which was directed by Chris
Landreth and co-produced by the NFB
and Copper Heart Entertainment. It was
a great privilege to work with fantastic
people on a really special project. The
film was shown in a lot of festivals and
we were over the moon when it won the
Oscar in 2005!
Your biggest fashion faux-pas:
I’m not particularly fashion-conscious,
although it’s fun to dress up in a suit or
blouse when the occasion requires it. The
rest of the time, my preferred clothing is
pretty low-key: a colourful t-shirt, jeans
and a hoodie.
February 2012 Moot Times 5
Legal services unbundled: A solution to high legal fees
Steve Carey, 2L
At the annual William H. Howard
memorial lecture, the distinguished
David William Scott, Q.C., presented
his solution to the high legal fees facing
low-and-middle income Canadians in
their access to justice in a civil context.
Scott, co-chairperson and counsel at
Borden Ladner Gervais LLP, discussed
‘unbundling’—a concept where lawyers
work on a per-piece or per-appearance
basis rather than billing by the hour.
According to Scott, the only way
lawyers in Canada will retain their
self-governing status, and therefore,
their crucial role in preserving the rule
of law as an independent voice, is by
providing access to justice for people
of ordinary means.
“The single greatest problem … is
the high cost of legal services. Either
the poor, or ever more frequently,
the middle-class, can’t afford the vast
majority of disputes in civil matters,”
said Scott. Legal fees continued to rise
through 2009 to 2011, said Scott, and
the average cost of a two day civil trial is
over $25,000, more than half the median
income of a Canadian family.
Scott referred to the billable hour as
something that’s great for a corporate
client, who has the control over the file
and the money to pay, but something
that negatively impacts everyday people
in civil proceedings—after all, a billable
hour file becomes a lawyer’s profit
centre, and there’s an incentive on the
lawyer to bill as much as they can.
The provision of affordable legal
services would also help confirm that
lawyers should continue to be a selfgoverned profession.
“Meaningful access requires reliable
legal advice and representations. This
support is only available through
members of the profession. It operates
as a monopoly as to who and what
offers what services,” said Scott. “We’re
not only a monopoly, but we’re selfgoverned. If it is to continue there is a
heavy onus on the bar to demonstrate
that we govern ourselves exclusively in
the public interest, ensuring access to
justice is squarely in our sites.”
The Canadian version of self-regulation
6 Moot Times February 2012
has been jettisoned in almost every
common law jurisdiction, replaced with
regulation which includes a substantial
government presence, said Scott.
High legal fees puts more emphasis
on
settlement,
which
creates
compromise solutions, rather than
clear determinations of legal rights.
High legal fees and the inability of
individuals of ordinary means to access
justice isn’t just blocking them, it’s also
blocking the profession from moving
forward, he said.
“New entrants to the profession
enjoy very limited opportunity to try
cases, resulting in an inability to gain
experience and in the final analysis, a
diminished appetite for the uncertain
risks associated with a trial,” he says.
“New appointments to the bench face
the same problem. New judges have
little, if any, trial experience.“
As a solution to assist ordinary people
accessing justice in a civil context, Scott
proposed unbundled legal services. This
means that a client who knows he has
a case, and has done some preliminary
legal research (or, basically, all the
legwork a legal assistant or registry
agent would do) can come to a lawyer
and ask the lawyer to draft a pleading;
argue a particular point in court; or
provide advice on how to best approach
the problem, while still being selfrepresented. This would cut down on
self-represented litigants at key points
in the trial process, Scott said, while
at the same time assuring them their
day in court.
“With unbundled services, you can
retain a lawyer to do a service—drafting a
pleading, preparing an affidavit, arguing
a motion, taking something to trial—
with no responsibility for events pre-orpost service,” said Scott. “Various studies
in the U.S. have shown that unbundling
lends itself to sole practitioners and
small firms, in that it acts as an ‘on-ramp’
for future legal services.”
Scott referenced Law Help Ontario, an
organization (similar to our own Student
Legal Assistance or Calgary Legal
Guidance) which classes new clients
into three streams: those that need a
lawyer to represent them; those which
need help during the process, which
can be provided by a law student; and
those that simply need information to
help them with their self-representation.
The whole process operates based on an
income screen, such that eligible people
get help, and those who can afford
legal services are then directed to other
avenues of assistance. Scott would like
to see the Law Help model paired with
New entrants to the
profession enjoy very
limited opportunity
to try cases, resulting
in an inability to gain
experience and in
the final analysis, a
diminished appetite
for the uncertain
risks associated with
a trial.
a list of lawyers who provide unbundled
services, and Law Help is currently
working with the Ontario Law Society
on doing just that.
“In an unbundling environment,
more litigants can afford to pay for at
least some part of their cases. More
lawyers can survive in a middle-income
practice… court cases will proceed
more rapidly and more efficiently, and
judges will have the benefit of lawyers
in their courtrooms.”
As a final thought, Scott reminded
the audience of the words of Dean
Hazel Gunn, that Donoghue v Stevenson
was a probono case, argued in the
House of Lords at no cost, and it is
a major milestone in common law
jurisprudence—which may never have
happened otherwise.
Finding a firm: Small and medium-sized firm advice panel
Tracey MacCorquodale, 1L
After being wined and dined by all
the big law firms in town, the smaller
sized firms finally had a chance to
demonstrate their own unique brand
of enticements at the Small & Mediumsized Firms Panel & Practice Forum held
on Thursday, February 2.
Members of the panel included Bina
Border of Foster Iovinelli Border Beyak,
Sean Jeffers of Bryan & Company
Calgary, Steve Eichler of Field Law,
and Peggy Walden of Wise Walden
Barkauskas. While each member’s
practice focused on a different area
of law, a common sentiment emerged
from all on the benefits of working in a
smaller firm; mainly the opportunity for
a more meaningful practice and stronger
friendships at work.
According to Jeffers, finding a law firm
to work for is “no different than finding a
neighborhood where you want to live. [A
small firm] allows you to find a character
and an environment where you can
thrive.” At Jeffers’ close-knit firm, there
are currently 10 practicing lawyers, all
of whom you can expect to come down
the hall to tell you about what happened
over the weekend or to share a joke.
Because of the proximity and need to
lend a hand to one another frequently,
there is greater incentive for members
to act cordially and enjoy each
others company. “The camaraderie
exists because it has to in order to
thrive,” says Border.
Along with developing more sincere
bonds with fellow colleagues, lawyers at
smaller law firms are permitted greater
autonomy in their practice. Walden was
happy to leave her big firm environment
to gain greater control over her practice.
“They will tell you which files you can
take and which you can’t. You want
to develop your own practice—not
a practice that someone hoists upon
you. No one can control my time by
serving me a motion that I don’t want
to respond to.”
However, with greater control comes
greater responsibility. “The biggest
difficulty is that you have to build a
practice and that’s a very difficult thing
to do. In order to do that you need to get
out there,” advises Border. Also expect to
be a little more involved in the day-today mechanics of running a law firm.
This is not, however, the case at a
medium-sized firms like Field Law where
Eichler practices. At a medium size firm,
the business aspect is taken care of and
there is more room to maneuver than
within the bureaucratic constraints of
a large firm. “You get the benefits of
being big and the benefits of being small.
You know everyone; there’s just more
people to know.”
Eichler also warns not to get caught
up in the notion that you can’t go from
a small firm to a big one. “Sometimes
if you luck out you’ll find a place where
you’ll grow old with people. That being
said it may take you a while to find a
home, but you don’t have to right away.
Law is a very mobile industry right now.”
Business Law Association: Adding value to your law degree
By Erik Arnold, 2L/MBA
The Business Law Association
(BLA) was established in 2011 at
the University of Calgary Faculty of
Law, and is dedicated to meeting the
interests of business law students
through educational networking and
social events that provide students with
practical business skills. BLA bridges
students to the business law profession,
while working to promote the University
of Calgary as a premier business
law destination.
Our goal is to provide students with
practical skills that will enhance their
understanding and ability to find success
in a business context; to promote
business skills that are relevant within
the legal and academic community; and
to be the voice of University of Calgary
Business Law students.
BLA also seeks to provide students
with essential career and business skills
to differentiate themselves within the
legal profession. By providing events
such as dinner etiquette, and Dress for
Success, students are exposed to unique
opportunities and skills that will enable
them to build their brand image and
confidently engage with clients and
professionals in a business context.
Our first event was Dress for Success,
which we held in conjunction with
the U of C Law Career Centre. Harry
Rosen graciously hosted an informal
seminar on the basics of men’s business
attire at their flagship store downtown.
The resounding opinion of everyone in
attendance was that the presentation was
very informative and the refreshments
were fantastic. More than one student
left believing that a purple polka dot
Tom Ford dinner jacket is not something
one wants, but something one needs to
have hanging in their closet.
For the ladies of UCalgary Law, we will
be hosting another Dress for Success
Evening on Friday, March 2 at Blu’s
Women’s Wear. So mark your calendars,
save the date, and keep an eye out for
more details on this and other events in
the coming weeks.
If you are interested in becoming
a member, the cost is only $5, and
membership will entitle you to a
discounted ticket price on future events.
If you are interested in membership,
future events, or how to become
involved, please don’t hesitate to contact
Danielle Emmett, Adam Foster, Adam
Armeland, or myself.
February 2012 Moot Times 7
Spotlight on a legal decision: Paxton guilty of assault charges
Heather Beyko, 2L
The verdict is finally in: Dustin Ward
Paxton is guilty of aggravated assault
and sexual assault in the torture of his
former roommate and business partner.
Notably, however, Paxton is not guilty in
the charge of unlawful confinement, as
was decided by Court of Queen’s Bench
Justice Sheilah Martin on February 6.
For those of you who haven’t been
following the trial (and I imagine there
are only a few), here’s the quick and dirty:
The case is about domestic violence
between male friends. Paxton, who
lived with his business partner, and who
remains unnamed due to publication
bans, was charged in August 2011 for
confining, beating, mutilating and
sexually assaulting his roommate. This
was the result of an incident in April
2011 when the victim was dropped off
at a Regina hospital completely beaten,
broken, and starved, weighing only 87
pounds. Paxton pleaded not guilty to
five criminal charges.
The trial began in September 2011
and although it was booked for only a
few weeks, it ended up lasting almost
five months. This was due to all of the
unpredicted issues that arose spanning
from the allegations made by the
Defence that Paxton did not receive a
fair trial (which was decided that he
had) to the unfortunate inability to press
torture charges under current law.
The victim’s family protested that
Paxton should be charged with a more
serious crime of torture. Currently,
however, only government officials such
as police and military officers can be
charged with torture and not regular
citizens. Human rights activist, Jeanne
Sarson, has been trying to convince the
government for almost 20 years that the
Criminal Code should be changed to
include regular citizens as candidates
for torture charges. She claims that
people can be the victims of brutality
(a requirement for torture) not only
by government officials but by regular
people, such as a roommate.
No decisions were made on the
topic during this trial, though Sarson
continues to advocate for change.
Nevertheless, in the end, Justice Martin
convicted Paxton with the aggravated
and sexual assault charges finding
that “the Crown has proven beyond a
reasonable doubt that the victim was
wounded, maimed, disfigured and had
his life endangered by Mr. Paxton.”
Where Paxton was not proven guilty was
on the charge of unlawful confinement.
Justice Martin accepted that Paxton’s
abuse included economic manipulation,
which is often considered an aspect
of forcible confinement. However, she
pointed out that in law there exists a
distinction between confinement and
domination and that this situation most
resembled domination. Ultimately, the
Crown could not prove that Paxton
met the requirements of unlawful
confinement.
Paxton’s date for sentencing will be
decided on February 17. He faces up to 14
years in prison for the aggravated assault
charges alone. Although he claimed at
trial that the victim was one of his best
friends and “like a brother”, the Calgary
court as well as the court of public
opinion agrees that Paxton really just
used his roommate as a “whipping post”.
Students should pursue interests to create opportunities, ctd.
(Continued from page 4) But don’t be
too focused, Harper notes that you
want to keep your options as broad as
you can. As much as we cringe at the
readings, Brenda Heelan Powel gave
strict instructions to being well versed in
Constitutional and Administrative Law.
The game really gets going out of law
school though, and we heard over and
again from the panel to get connected.
“First and foremost, network…we like
known commodities” says Kehler from
Suncor. All of our panelists spoke very
highly of the Canadian Bar Association,
so if you weren’t a member before lunch,
you will definitely be signing up now.
So really, what does the market look
like for a young lawyer looking to
work in the areas of environmental,
8 Moot Times February 2012
aboriginal or natural resource law?
Currently, there are less than 150 fulltime environmental lawyers in Canada.
Academic and non-profit careers will
be difficult to get into and have little
room for growth. However, industry, oil
and gas law, and government positions
typically have work. Does this mean
hard-core activists have to sell their
souls to get a job in the field? Definitely
not. Brenda says “It’s not about the
companies, it’s about whether or not our
laws are sufficient. You don’t have to be
fighting for one side the whole time -you
can do both.” Our Blakes representative
claims he is the firm ‘greeny’ but has no
issue with respect to conflicts between
corporate clients and his commitment
to the environment. Our oil and gas
man, Negenman, says he finds peace in
the paperwork and is proud of what is
being done in Canada’s energy industry;
“I build puzzles all day long. I’ve done it
my whole career, and I love it.” If you are
interested in aboriginal law or research
in environmental law and policy in the
province, head to Edmonton. For natural
resources, oil and gas and other aspects
of environmental law, the major centres
are Montreal, Toronto, Vancouver and
right here in Calgary.
What did we learn today? Pursue
your passion, build relationships,
ask questions, take initiative in
your job-hunting, be self-aware,
and DON’T PANIC.
Opinion: The official-unofficial fourth meal of the day
Tracey MacCorquodale, 1L
It has recently come to my attention
that I have developed a mild form of
insomnia, which I entirely blame law
school for. I have always prided myself
on sleeping like a baby all my life and
have felt very European in my unique
ability to relax into slumber. However,
this development has not jaded me as
I now have more time to do the things
I truly care about like watching cats
on YouTube and reading about the
problems I have as a white girl. I also
have begun indulging in a fourth “meal”
that occurs sometime between midnight
snacking and breakfast.
Now I very much enjoy this additional
food intermission, but I am disturbed
by its current nameless status. The
world does not appear to embrace
insomnia by its apparent failure to label
a fourth meal. We somehow managed
to name breakfast, lunch, dinner, and
even a meal between breakfast and
lunch (“brunch”), but nothing for the
hours between midnight and dawn.
This refusal to acknowledge that while
most are sleeping, others may be eating,
contributes to this fourth meal’s already
questionable existence as a meal that
defies agreed upon social norms. I
should note that as I type this you are
sleeping and I am awake… eating.
My purpose here today (tonight?) is to
come up with a new name for this meal
as I find it necessary to normalize my
nocturnal habits to myself and to others.
I would like this name to allude to both
the fact that it is a formal and guilt-free
meal, as the extra hours I am awake
require the fuel and I am not merely
mindlessly snacking. I would also like it
to be somewhat hip and cool, because
let’s face it: staying up late is only
something cool people do. With this all
in mind, my proposed names are:
Insomnomnom—Here
I
have
combined one of my favorite internet
memes and “insomnia” into one all
around wicked cool word. It’s fun to
read and even more fun to say. “Excuse
me guys, I need to check the fridge for
leftovers from Denny’s. It’s time for
insomnomnom.”
Yummusk—Once again I have
combined two very appropriate terms—
“yummy” and “dusk”. Together they form
the stirring yet refined “Yummusk.” A
force to be reckoned with for sure.
Banquet of Super Awesomeness
­—Pretty self-explanatory. My only
reservation here is that there is more
than one word, which would be
rather revolutionary considering our
current meal names.
After much deliberation I have decided
that Insomnomnom is the clear winner.
Yummusk, while undoubtedly having
mass appeal, requires more enunciation
than I care for. It’s not like I have the
energy at that hour to be maneuvering
my tongue all fancy-like. It’s bad enough
I have to be conscious, let alone speak.
Banquet of Super Awesomeness, while
yet again being ridiculously amazing,
requires far too much effort (like making
your own CANs).
With that said, Insomnomnom is
hereby established as the fourth official
meal of the day. May none of you
ever eat at ridiculously late hours and
feel ashamed again!
February 2012 Moot Times 9
SLA Trial Competition: A great way to test advocacy skills
Provided Photo
From top left: Brandon Rasula and Melanie Pituch; Pat Lindsay and Juliana Tam; Sam Leung, Andrew Koeman, Mati
Rubi, and Adolfo Peters.
10 Moot Times February 2012
Mike Selnes, 1L
On January 30th and February 1st,
SLA held its annual trial competition,
sponsored by Borden Ladner Gervais.
The event was a tremendous success,
and this year we had one of the best
turn-outs yet, with 26 teams competing.
The trial competition began in 2000,
the brain child of Student Director
Pat Lindsay. Pat has been involved
every year since.
The competition is a stellar
opportunity for first years to test their
mettle against their classmates while
honing their oral advocacy skills in a fun
and supportive environment.
The competition took place over two
evenings and was comprised of teams
of two students. On each evening one
team member acted as counsel and
the other role-played the witness; all
teams were required to switch between
acting on behalf of the Crown and the
defence. This format allowed the teams
to conduct a prosecution and a defence
and to get first hand experience with
trial procedure on both sides of the
aisle. In order to ensure that teams were
on equal footing, the fact patterns were
handed out two days in advance, and
to mimic the unpredictability of real
life, additional facts were given to the
teams 20 minutes before the beginning
of the trial.
This year the competition was fierce
and all teams put on a great show.
From left: Katelyn Gray, Nick Scissons, and Tara Wells.
However, as in all competitions, a
winner must be crowned and SLA
congratulated the top three teams. First
place was awarded to Melanie Pituch
and Kourtney Rylands, second place to
Brandon Rasula and Robin McIntyre,
and third place to Steve Gow and
Juliana Tam. While no award for best
witness was given, several teams took
their role as witnesses to the next level,
using costumes and props to get more
into character. Graham Martinelli and
Provided Photo
Rob Levis were notable in this regard.
As always, students had a wonderful
time at the trial competition and many
have commented how valuable this
experience was and how much more
comfortable they will feel when running
their first trial.
SLA wants to thank all the students
who participated and a special thank
you to all the volunteers and judges who
made this event possible!
Upcoming SLA
Events
Volunteer Lawyer Reception March 16, 2011 4:30 PM at the Art Gallery of Calgary •
•
We hope you will join us in thanking our volunteers who have given freely of their time this year to continue the success of SLA. Recognition awards will be announced. Speak to a member of the executive by February 28, 2012 and
nominate a fellow SLA member for a volunteer award.
At the request of the Provincial Court, Criminal Division, SLA is proud to be part of the Trial Confirmation Court Project. Starting Friday th
February 10 , on every other Friday, SLA members, along with the Crown, will assist unrepresented people in finalizing their decisions as to trial readiness or changes of plea. Speak to Wilson Chan for more information.
February 2012 Moot Times 11
Law Formal 2012
12 Moot Times February 2012
Facing page:
Top row: Jenna Kaye and guest;
Katelyn Gray, Nick Scissons, and
Jackie Johson; Josh Sealy-Harrington,
his hat, and guest.
Middle row: Sean Marchant and
guest; Peter Morrison and guest; Jen
Kirk and Craig Tervit.
Bottom row: Kristina Persaud,
Steven Marshall, May Mehrabi;
Jen Kirk, Craig Tervit, Richard
Harrison and guest.
This page:
Top left photo: Brea Lowenberger,
Delna Contractor, Christine Conway,
Kay Turner, Sarah Bainbridge.
Top right photo: Mona Yousif, Jessica
Wong, Zeinab Yousif, Lindsay Rowell,
Theresa Yurkewich.
Bottom left photo: Lisa Hodgson,
Maggie Rabinovitz, Cassandra Sutter,
Heather Wyberg, Meredith St. John.
-Photos by Ben Leung
February 2012 Moot Times 13
Diversions: Sudoku
Easy
4
7
Hard
2
6
2
5
9
5
7
9
1
7
4
8
1
6
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9
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2
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3
1
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4
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8
1
8
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6
4
1
8
6
Stumped? Answers at moottimes.ca
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14 Moot Times February 2012
Cross examination: Geoff and Jon
By Geoff Marinangeli & Jon Ng, 3Ls
Geoff: So it’s February and I’m proud
to say that I’ve kept up with my New
Year’s resolution of going to the gym.
Jon: Good job! I’m surprised to see
such a low attrition rate at this time of
year. Most guys have made peace with
their Christmas cargo and given up the
dream of a Channing Tatum torso.
Geoff: I can’t stand the people that find
it unnecessary to towel up after leaving
the shower. I am tired of seeing dudes
sauntering around the locker room
leaving their genitals to air dry.
Jon: It’s extra uncomfortable when you
go to class after a relaxing lunchtime
workout and one of those dudes from
the locker room sits next to you. It’s just
too soon, too weird. Look, I didn’t play
hockey as a kid.
Geoff: What are the rules for proximity
possession rights? When someone
leaves a machine to get a drink of water,
are they done with it? And why did that
big guy have to be so mean to me?
Jon: It must have been like high school
all over again for you. But I understand
your issue with equipment hoarding. Far
too many people stockpile an inventory
of 4-8 dumbbells that serve only to roll
around on the floor causing people to trip
over them. It’s not enough that they’re
already lifting weights but they build a
queue of dumbbells at their feet to show
their intent to lift more, just later.
Geoff: For a room of people concerned
with health, I find it strange that we are
given old wet rags to wipe equipment
with. Have you seen the pile of towels
next to the floor mats? It’s like a day-old
mop bucket. Unless I leave a noticeable
sweat stamp, I choose not to wipe down
equipment after I’m done using it.
It’s just cleaner.
Jon: True story—last week a guy asked
me to wipe down a machine after I used
it. He made a huge spectacle of it too. But
I complied and left the cushions soaked
in towel goo as he requested. I hope that
the petri dish of butt-sweat and fungus is
treating him well.
Geoff: Between the stinky cloud of
dude-funk that accumulates around the
benches and the parade of Under Armour
that make guys look like deep sea divers,
I’m still not turned off by the gym.
Jon: Good for you Geoff. Keep that
hopeless dream alive. And one day, you
too can rock a wetsuit and excessively
exhale with the rest of those guys.
Film review: Anatomy of a Murder
Steve Carey
Anatomy of a Murder is a 1959
courtroom drama film, adapted from a
novel written by a Michigan Supreme
Court Justice, based on his time as a
criminal defence lawyer. The plot centres
around small-town lawyer Paul Biegler
(James Stewart), who has recently lost
his re-election bid as the local district
attorney, and spends his time fly-fishing
and drinking instead of working.
The film follow Biegler’s efforts to
defend a US Army Lietenant, Manion,
who, with no good excuse, walked into
a bar and shot the bartender. Biegler’s
investigation, done on behalf of the
Lieutenant’s wife, Laura, reveals a few
things—an accusation of sexual assault
by Laura against the bartender; that
Manion is a heavy drinker with a crazy
temper; that Laura’s character is thrown
into question; and a possible defence of
insanity which Biegler shuffles the facts
around to create.
Now, this movie is 160 minutes long—
two and a half hours—and a lot of it is
just examination-in-chief and crossexamination in a courtroom, which
isn’t half as boring as it sounds. That,
and the sleazy lawyer tricks that Biegler
employs, such as using a fly-tie as a
bookmark, to sway and distract a flyfishing judge he hands a casebook to, is
pretty entertaining.
This was one of the first films to address
spousal abuse and sexual assault.
it certainly is timeless, and worth a
view, if only for the investigation and
questioning portions done by each side.
The back and forth is really great, and it’s
full of scenes where Biegler is pouring
through a court-house library to try and
find a case that will help his client—oh,
the days before CanLII.
The film is $9.99 on iTunes or you can
borrow it for free from the Calgary
Public Library.
Film Poster
Another great thing about this film is
the design of the title sequence and
poster, done by designer Saul Bass.
February 2012 Moot Times 15
16 Moot Times February 2012