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MOOT TIMES

The Law Student’s Newspaper Legal Issue 2, October 2008


Bittersweet Symphony for In This Legal Issue
Rugby: One Loss, One Win Murray Fraser Hall
The Sporting Life
page 3
page 8
Gareth Williams
Photographs page 10
The 2008 Western Canadian Law School Rugby Tournament proved to
Legal Developments page 13
be a huge success and saw around eighty players compete for the three
schools. Conditions were perfect as the boys played in beautiful autumn Political Aspirations page 16
conditions. The University of Alberta(U of A) brought a good group of Work/Life Balance page 19
fans out while the University of Calgary (U of C) had plenty of current What the Scott Hall !? back cover
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 first match of the day, UBC’s Illegal Beavers showed the U of A just how strong their team is. The Vancouveri-
tes looked suspiciously fit 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 day’s second game against Calgary but a pumped up Calgary side
soon had the Bearristers on the back foot. Calgary’s front line players were using their strength and size to break down
Edmonton’s defence and stifle their attacks.
The home side struck first when Kevin Kerr finished 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, Jeff
Wreschner, Derek Cougle, Beamer Comfort, Ryan Exon and Mike Gilchrist.
Scott Tallman, playing his first game of rugby since 1985, broke an Edmonton player’s nose with an espe-
cially hard tackle which required the team’s nurse, Jennifer Baugh, to attend to the wounded. Matt Gardner, who had
flown 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 tournament’s 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 day’s final match against UBC knowing that only a victory would keep the Cup in Calgary.
Exhausted from the previous games, Calgary came out flat and the boys from Vancouver took it to Calgary but were only
ahead by five 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 wasn’t Calgary’s day, though, and UBC took the game and the tournament with a 10-0 final
score. After the games the teams and supporters headed to the faculty for the BBQ and afterwards painted the town red.
Edmonton finally beat the other teams in the boatraces at Ceili’s 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.

Publishers
Business Manager Editors-in-Chief
Fiana Bakshan fbakshan@ucalgary.ca Vhari Storwick vstorwick@gmail.com
Esther Kim estakim@gmail.com Orlagh O’Kelly ojokelly@uclagary.ca

Contributors
Gareth 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 Publishers


Our hope is that Moot Times will help foster a sense of commmunty within our faculty. We want to instigate dioalogue
on both the serious and frivolous, and tackle both legal and lawless issues. Please contact us moottimes@gmail.com or
any of the personal email addresses above.
Thank you to all our contributors!
Calling All First Years - We need your imput!
Disclaimer
The views in this publication do not reflect those of the University, the Faculty, of the publishers. In fact, they may not
relfect any honestly held views.
2
Murray Fraser Hall
Law School News
Calling All Single Law Students for New Anonymous Con-
Medical Study!
Esther Kim
fessions of a Law
Symptom: Single law student
Student
worried about work/life balance Who would have thought that law
school would involve so many func-
Diagnosis: Anxiety ridden law tions? Sucks for those of us who are
student. socially inept in these kinds of situ-
ations (read Nexen Mixer or Career
Prescription: Law/Med Halloween Fair) – you know, being in a room
party, once a year, every year, until with a bunch of intimidating people,
your Cosby show destiny is fulfilled. trying to tell them that what a great ad-
dition you would be to their firm and,
Entering a new school and career ought more importantly, why you would be a
to bring with it a plethora of opportuni- better choice than the ‘gold-medalist-
ties to meet other single law students volunteering-motivated-people-person’
or lawyers. However, in 3 years the professing his knowledge of the Car-
average law student attends about 46 bolic Smoke Ball around the corner.
law-related events and has about 203 conversations with other lawyers, yet I don’t know about you guys,
many are still very single. This is a serious problem amongst law schools but no matter how many emails I
everywhere, leaving many wondering “what is a single law-student to do?” get from Maryanne about ‘appropri-
Enter: the Law/Med Halloween party. This is the first ‘official’ ate behavior’; when push comes to
combined Halloween party for the two faculties and hopefully we can make shove, I always seem to remember her
this an annual event for all those lonely hearts out there wanting to fulfill words of wisdom 10 minutes too late.
their Cosby show destiny. Well, luckily for you guys, I, a self-
What is this “Cosby show destiny” that I speak of? proclaimed ‘experienced’ law school
For the ‘youngins’ out there, the Cosby show follows the daily lives student, am here to share my reasons
of Cliff Huxtable, a successful OBGYN, his wife Clair, a successful attor- for following Maryanne’s “what to do”
ney, and their 5 children. Yes, you read correctly - 5 children. tips. And who said law students were
Not only do they have a successful marriage between two working competitive?
professionals they also show us that work/life balance is not some cliché What to do: Make eye con-
thrown around by law firms to entice unsuspecting students. And if that tact
doesn’t grab you, think about the convenience of free legal and medical Why? If you’re a breast man,
services for the family! This Cosby show destiny sounds too good to be true it should be obvious. For the rest of
– and in reality it probably is…..or is it? us, believe it or not, eye contact shows
Only one way to find out – get your tickets for the Law/Med Hal- that you’re interested in what the other
loween party! It will be held on October 31, 2008 at Tantra. Tickets are $10 person is saying. I made the mistake
– all proceeds go to Adopt-A-Family and the ticket also gets you no cover of diverting eye contact during a
and a free drink before 9:30pm. There are also prizes for the best costume. conversation with a certain partner at a
Disclaimer: In order to fulfill this destiny you must marry a doctor certain law firm (starts with a ‘B’) and
and agree to have 5 children (by the way, this is a great pick-up line). visibly upset, she walked away. We
have yet to make eye contact again.
>> See “Confessions” on page 5
3
“When choosing a law firm at which
to article, I looked for a firm that
placed a premium on quality
of work, integrity, reputation,
diversity and collegiality.”

Sebastien Gittens
Bennett Jones Articling Student - 2007-08

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 field.

Teaming up with partners and associates, you


will 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.

C A LG A RY • TO R O N TO • E D M O N TO N
bennettjones.com/yourfuture

2008BJ-UofCMootFullPage.indd 1 22/09/2008 12:41:16 PM


>> From page 3 (depending on traffic). There are some important facts
to know about an exchange with Macquarie. First, the
Confessions semester begins at the end of July and finishes around mid
to late November. If you have work plans for the summer
What to do: Bring a pen and paper to write notes
between second and third year this may be problematic.
on conversations you have had
Secondly, as with any term abroad, you need to
Why? I don’t know about you, but after a couple
start early with your application for your student visa. I
of drinks or a couple of boring conversations, I tend to
would recommend beginning your application for a student
forget things – sometimes, its pretty important stuff. It’s
visa at least 3 months in advance. You can apply on-line
also good if you want to remember what you said the night
for a student visa, but as with any bureaucratic process, de-
before, and if you should actually follow up with that email
lays or unforeseen complications may arise. For example,
the next day.
in my situation, my children accompanied me to Australia
What to do: Introduce others as they join your
under my student visa and I had some difficulty with that.
conversation
The Immigration department required that I receive a let-
Why? Karma – if for no other reason, do it for your
ter from the school that my children were going to attend
own selfish interest. Some day down the (very short) road,
before granting me the visa. However, the school wanted
you will be thankful for this.
a copy of my student visa before they would accept my
What to do: Keep drinks and appetizers on a
children. It took about a month to get this dilemma sorted
minimum
out. In the end, the school gave me a conditional letter of
Why? 2 reasons: Firstly, drinking like a fish will
acceptance which was accepted by the government and I
probably end in you puking like a fish (truth be told, I don’t
received my student visa exactly one day before my arrival
know if fish puke, but I imagine that they would if they
in Sydney. Talk about cutting it close!
tried to down as much free alcohol as possible in 2 hours).
Thirdly and probably most importantly for some,
Secondly, eating free food to your hearts content will
there is a mandatory attendance requirement at Mac-
increase the likely-hood of food spills on your ‘just-came-
quarie University. We are required to attend 80% of our
from-the-dry-cleaner-suit’ or pieces of parsley being stuck
classes. They take attendance and you have to sign in at
in between your teeth. In a room full of competitive law
class to verify your presence. Failure to meet the 80% at-
students, don’t count on anyone being ‘friend’ enough to let
tendance may result in failing the course. Further, an “F”
you in on their edge.
in a course may result in a loss of your student visa. In
What to do: Don’t be late
practical terms, you may miss 5 classes per semester for
Why? Despite what I said above, if you want to
each course. I enjoy attending class and I’m an interac-
drink and eat, going early will allow you to do this - you’ll
tive learner so it hasn’t been a problem. As well, we have
get dibs on the best stuff and no one will be the wiser.
a 2-week Spring Break from September 19 to October
What to do: Be yourself
7. Plus, my class schedule starts on Tuesday and ends on
Why? People can tell when you are nervous or
Thursday so I have long weekends to travel around Syd-
trying to be someone else. But, if you have an especially
ney.
undesirable personality, you might be better off as not be-
So far, I have traveled up to Surfer’s Paradise and
ing yourself – who knows, you might be the exception to
enjoyed the East Coast. As well I have visited Fiji, Singa-
the rule and it may come off as sincere.
pore and Bali, so the class attendance requirement has not
On that note, I think I’ll follow my own advice and
interfered with opportunities for travel. We are heading up
stop here before I dig myself into a deeper hole. Who said
to the Great Barrier Reef for some scuba diving next week.
confessions were good for you?
I am also planning on visiting the West Coast. We are

Hello from Oz !!! renting a campervan and traveling from Perth up to Mon-
key Mia. At the end of November we are heading to New
Kerry Cundal Zealand. We will spend Christmas in Maui and then back
to Calgary for Block Week. Life is rough – just kidding.
So far, participating in a term abroad has been an Seriously, if you are at all interested in living and
amazing experience. I would recommend the experience to studying abroad, do it! Life is short and a term abroad is
all those who are considering it for next year. I am here as an incredible life experience you will not forget, nor regret.
an international student, but there is a formal exchange be- Although I am enjoying my time in Australia im-
tween Macquarie University and the University of Calgary. mensely, I do miss the U of C and I am excited about com-
I am at Macquarie University which is located in ing back for one last semester. Go Class of 2009!!
North Ryde, about a 20- minute drive to downtown Sydney
5
Peters’ Persistence about to “This is why I came to school in the first place.
None of the other places I went to had something as orga-

Pay Off
nized and as well-run as this,” said Peters who, himself,
substantiated the rumors that he has slept over night in the
Jeff Wreschner SLA offices. “I have been up late working on
case files, and since I live so far from campus – I stayed
For many third year law students, the end is in over night rather than heading home.”
sight. Only one and a half semesters left of school, before As the end of school draws near for Peters yet again, he
they head out into the real world, bright eyed and bushy- spends his time finishing up course work, working at SLA
tailed with degree in hand. and seeking an article position that will provide him with
While the law school process is a long and arduous an opportunity to litigate and eventually work in the field of
one for all students, for Adolfo Peters - graduation is not a international law, where he can put his passion for helping
new beginning so much so as a second coming. others to work once again.
Peters, who grew up in Bolivia, obtained a law de- “It’s not about just getting any article. This is about
gree from Universidad Catolica Boliviana at the age of 22. where I want to go, where I can learn and ultimately help
“In Bolivia you can take a degree in law starting at me become what I want to be.”
the age of 18, and that’s what I did,” said Peters. For Peters, the wait is almost over.
After completing his degree, Peters headed to work
in a corporate setting handling insolvency matters. Where are they now? From
Calgary to Dubai
“It was interesting work, but it lacked the meaning-
fulness to me that I went to law school for in the first place
– which was to help people.” Interview thanks to Pinder Shoker
Shortly thereafter, Peters went back to school to
South Africa at the University of Pretoria where he com- Neil Prendergast graduated from the University of Calgary
pleted an LLM with a specialty in International Law. Faculty of Law in 2002 and is currently an associate at
“[South Africa] was an interesting experience. In Burnet, Duckworth & Palmer LLP (BD&P). He worked
Bolivia you see lots of poverty, but South Africa was very at BD&P as a summer student, continued on as an articling
interesting because it was a developed country industry- student and remained there as an associate until December
wise, yet a lot of misery still permeates through that conti- 2005, when he decided to leave his position and practice
nent”. law overseas. Neil returned to BD&P in 2007 and now fo-
With his second degree in hand at 25 years of age, Peters cuses his practice on commercial transactions, mergers and
was ready to pursue his passion for helping people with the acquisitions as well as energy.
law, but a family decision altered his future. You had been working as an associate at BD&P
“My family had spent some time in Calgary when I when you decided to move to Dubai to practice law, how
was in my elementary school years. We moved back to Bo- did this opportunity arise?
livia after that. Shortly after graduating from South Africa I personally sought out the opportunity to practice
my dad made the decision to move back to Canada again. law abroad and was able to get information about overseas
At the time it was the right decision for the family,” said opportunities through a former law professor of mine at the
Peters. University of Calgary, Jay Todesco. Since I had worked
Packing his bags once more Peters headed back to at BD&P for two and a half years, this allowed me to gain
Calgary only to find out his previous schooling in law, was valuable legal knowledge and experience before I headed
insufficient to practice in Canada. Instead of heading back abroad. In particular I chose to practice law in Dubai be-
to Bolivia to pursue a career in law, Peters opted to enroll cause I thought it would be an exciting place to live. Also,
in the University of Calgary law program. it was a place where I could build my legal skills, especial-
“I knew it was going to be tough, because after ly in the area of energy.
you go through seven years of school, and find out it’s not What was the best thing about practicing law
enough and you need to invest more time to do it, [that can overseas?
be disappointing]. But I looked at it as an investment in my It would have to be the opportunity to work with
future.” lawyers and clients from all over the world. I especially
Over the course of his time at U of C, Peters not enjoyed the different negotiation styles that I encountered.
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.
6
Neil Prendergast (far right) and friends
over your schedule. As a result, now I usually work 7am to
What were some of the advantages to living in Dubai? 6pm so I can be at home in the evenings to spend time with
I really enjoyed the people I met there. Also my family.
because of the location I was able to travel easily to other Students at the University of Calgary will be ap-
countries including a trip to India with my wife and chil- plying for summer jobs next week and attending inter-
dren. views in a couple of weeks, do you have any advice for
Since you resigned at BD&P to work overseas, them?
what was the process like coming back to Calgary? I would recommend that students include some-
I made sure to maintain ties with the partners at thing interesting in their resume or cover letter that they can
BD&P while I was overseas and I let them know I would use as a source of discussion in their interviews. Also, it is
like to return to the firm once I came home to Calgary. important for students to research the firm they are inter-
They were supportive in accommodating my return to viewing with and ask thoughtful questions to show
BD&P. they have done their research on the firm.
Now that you are back in Calgary, how do you
manage to have a work/life balance?
I have five children so I have considerable motiva-
tion to maintain a work/ life balance, however, it can be a
challenge to find that balance. I have found that the further
along you get in your career, the more control you have
7
The Sporting Life
NHL Regular Season Starts:
Cup Champions Redwings were a
team of gritty veterans who knew how

Yeah Baby!
to win, they could not have done so
without the likes of talented young-
sters Franzen, Kronwall and Hudler.
James Gibson All three youngsters played their roles
the playoffs for a fourth year in a row.
extremely well during the regular sea-
It’s that time of the year ladies and One must commend team management
son, but Kronwall and Franzen elevat-
gentlemen. The air seems to smell for finally accepting the fact that the
ed their game to a new level during the
sweeter, food seems to taste a bit team has blown up. But was this not
2008 playoffs. The Detroit youth did
better and many of us are constantly inevitable? It seems that this move is
not succumb to the inexperience that
contemplating watching television more a function of timing and not op-
hinders most young players during the
over studying. What time of the year? portunity. Many Torontonians believe
two month war in the trenches which
It’s HOCKEY TIME! that if Leaf owners had their way,
is the NHL playoffs.
With the NHL regular season management would continue to roster
So, the Redwings appear to
upon us, excitement among fans and mediocre teams and to sell ‘impos-
be the clear cut favourite to repeat and
players is brewing. The structure of sible-to-buy’ tickets. Either way, it
hoist Lord Stanley this year, even with
the new Collective Bargaining Agree- is about time that the Leafs began to
the departure of league-wide beloved
ment has given rise to the emergence rebuild, after all, the last time they
Dominik Hasek. The Penguins have
of a plentiful amount of competitive won the Stanley Cup was the year Jimi
an extremely strong team and look for
teams. It is reasonable to say that the Hendrix began the tradition of burning
them to finish atop the Eastern Con-
Detroit Red Wings and the Pittsburgh his guitar!
ference standings and make another
Penguins are the one-two favourites to The Leafs are one example of
legitimate push for the finals this again
win the Cup this year. Otherwise, there another shift. Teams can no longer win
ear.
looms a quiet uncertainty as to who is by simply buying players and making
That being said, we must never forget
third, as there are so many other great trades for over-the-hill veterans, while
that once that first puck drops in the
teams. burning all of their draft picks. Youth
Stanley Cup Playoffs, it’s a whole
One thing is for certain, the is the lifeblood of today’s NHL.
Toronto Maple Laughs are not making Although the 2008 Stanley >> See “Hockey” on page 12

Hockey Pool updates presented by BD&P


The Moot Times would like to present the first 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: first place ($200), second place ($100) and third place ($50).

The pool is limited to 20 participants, on a first come, first serve basis. In order to participate you
must 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

Phone: 403-260-0100
COMMON SENSE, Fax: 403-260-0332
UNCOMMON INNOVATION . www.bdplaw.com

8
08 334 BD+P StudAdOct3:UofCOct08 10/3/08 1:03 PM Page 1

YOUR CAREER:
the possibilities
are endless.
Interviews for first and second year summer student
positions will take place at the BD&P offices starting
October 10th. Offers will be made November 5th.
For application and recruiting contact info please visit

www.bdplaw.com

Common Sense, Uncommon Innovation


10
11
>> From page 8

Hockey
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
first round and lose to
the 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 hockey
fans out there, don’t
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!

12
Developments in
the Law
Phil Fontaine Addresses Students: Truth and Reconciliation Commission,
which is an exercise in restorative
the “crucial first step” in never again justice aimed at initiating and encour-
aging reconciliation among former
Orlagh O’Kelly students, their families, their com-
There are rare moments when an entire and hard earned gesture since, as Jack munities and all Canadians, as well
nation will gather around their radio Layton emphasized: “It must not be an as promoting awareness on the IRS’s
sets to hear a historic political address end. It must be a beginning.” impacts on human dignity. Obviously,
and the past summer witnessed exactly “The most important first step the commissioners will look to the les-
this situation. is to eradicate First Nations poverty,” sons of similar (though very different)
On June 11, 2008, many Ca- the AFN chief said. “This is the single truth commissions in South Africa and
nadians listened to the government’s most important social justice issue of Liberia.
historic apology to Canada’s First our time. There is no justification for Yet the success of the apol-
Nations people in general and the that [poverty] to exist in a country like ogy, the political and social justice
Indian Residential Schools’ survivors Canada. ” initiatives, the truth commission and
in particular, ending a dark chapter Fontaine emphasized the need the common experience payments will
in Canada’s collective memory and to reduce the dire poverty on many ultimately depend on the will of the
providing some justice to its victims. aboriginal reserves, although he quali- Canadian people- aboriginal, English-
The Indian Residential fied his statement with reference to his speaking, French-speaking and new
Schools (IRS) were part of a govern- own ringing blackberry. In all serious- immigrants.
ment policy of gradual assimilation ness, though, he explained that many “The suffering happened in
and were administered in conjunction reservations are rife with poverty your name, in the name of all Canadi-
with various church bodies. Tuber- issues, gang problems and suicides ans, in your own backyard,” Fontaine
culosis fatalities, sexual assaults and by boys as young as 6 years of age. said. “You’re going to have to walk
cultural genocide were only some of 27,000 First Nations children are in with us.”
the atrocities experienced by survi- state care, approximately three times Phil Fontaine recounted a
vors. The last federally run residen- the number of children in the residen- small anecdote that was a large ex-
tial school, the Gordon Residential tial schools’ system at its height. ample of such true reconciliation, de-
School, did not close until 1998. To address such issues, politi- scribing when, following the apology
The Assembly of First Na- cal will is necessary. The Canadian broadcast, a Winnipeg woman brought
tion’s Chief, Phil Fontaine, was government cannot take positions muffins to her aboriginal neighbours to
instrumental in this ending and the that ultimately take a step back from apologize on behalf of Canadians. The
subsequent apology. He is a proud the apology according to Fontaine, as importance of such gestures cannot be
member of the Sagkeeng First Nation they did when they declined to ratify understated, yet many more will be
in Manitoba and the youngest son of the UN Declaration on Indigenous needed.
a large Ojibway family – 10 brothers Peoples. There are other commitments
and 2 sisters. “[The Canadian government] that come with the commitment to
After a few months of spend- is picking and choosing which human “never again.”
ing most of his time at 30,000 feet, rights they are going to support and “You must continue to accept
Chief Fontaine offered his thoughts they said no to the human rights of us for who we are, know our history,
to a packed Murray Fraser Hall on indigenous peoples,” he lamented.
the way forward, past this symbolic Another critical step following the >> See “Fontaine” on page 15
apology will be the course of the
13
the

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The “Duty to Consult” and >> From page 13

Aboriginal Peoples Fontaine


know and try to understand our connections to the land and
ROXY PETTS forget the stereotypes that ‘We are drunks.’” Fontaine asked
of the diverse crowd at the law school.
What is the content of the duty to consult? If nothing else, Fontaine offered inspiration that
In Delgamuukw, the Supreme Court ruled that tenacity can bring hope for justice.
this duty arose as a consequence of the fiduciary duty of This understanding makes Canadians different.
the federal Crown to Aboriginal peoples [para 168], when As Fontaine concluded, “We are different…. in a
the government was making decisions that affected land very positive way. Differences give strength to this coun-
claims’ areas. The Supreme Court of the Yukon Territory try.”
in Little Salmon [2008] extended this obligation to treaties delineated by the Act.
already in place, declaring that the right to consultation is What is the scope of the duty to consult?
implied in every treaty. As subsequent issues have arisen in In the Mikisew Cree [2005], the Supreme Court found that
the Courts with respect to this duty, the concept has evolved there was no absolute standard but that the degree and kind
accordingly. of consultation required would depend on such factors as
In Haida [2004], three principles emerged with the strength of the right or land claim forwarded by the
respect to this duty. Firstly, the duty applies to provincial First Nation coupled with the degree of impact the pro-
Crowns as well as to the federal Crown, since the pro- posed development would have on those rights or claims.
vincial Crowns took their interest in land at the time of There is a suggestion in this case that mere public notices
Union subject to the already existing interests of Aboriginal of hearings on land-use or development proposals are inad-
peoples. Secondly, the Crown cannot delegate the duty to equate, and that direct consultation with the affected First
consult to a third party (i.e. private enterprise), since this Nation is necessary.
abrogates from the honour of the Crown from which the Where do we go from here?
duty flows. And lastly, the duty to consult does not imply With much of economic development enacted
an obligation to reach an agreement amenable to Aboriginal through the regulatory process, I expect that many of the
interests, only to engage the affected Nation in a meaning- principles developed in administrative law will be grafted
ful way. onto this developing principle of consultation. In this con-
The Taku River Tlingit decision of 2005 estab- ceptualization, First Nations groups would become another
lished that the duty to consult in some instances could be player at the table along with industry and other interest
incorporated into existing legislative or regulatory schemes, groups, in the consultation process that precedes regula-
without the need to establish an independent process. In tory decisions by administrative bodies. How effective and
this decision, the Supreme Court found that the general meaningful this will be for protecting Aboriginal rights and
consultation procedures contained within the province of lands remains to be seen.
B.C.’s En-
vironmental
Assessment
Act were suf-
ficient to meet
the ‘duty
to consult’
requirement,
since the
Taku River
Tlingit had
fully partici-
pated in the
decision-mak-
ing process

Phil Fontaine chats with some students after his lecture


15
Political
Aspirations
The Fab Five in the Real Debates Envy for the Debate
Stephen J. Morris
South of the 49th
On Thursday evening, while everyone was watching the American vice- Parallel
presidential debates, Canada’s Fab Five dueled to the death in a political Joshua Tree
cage match.
And there were some deaths. Barak Obama is the second
Most people thought Happy Jack totally upstaged Dion, and Du- coming of Christ. Sorry Amare
ceppe actually pronounced him dead halfway through the evening. Dion Stoudemire, but I don’t think black
did fail to live up to expectations and certainly failed to distract the audi- Jesus would place dominating
ence from the entertaining and relentless assault on Harper’s character. It roundball as number one on his
was clear from the start who the main target of the debate was, although agenda. It’d probably fall to num-
every once in a while Jack remembered to rib Dion in his bid for official ber 3; after community organizing
leader of the opposition. and inspiring the masses. Toss in a
There were 8 questions posed to the leaders, the most important wicked 3 point shot and you have
being the economy. Dion was at his most persuasive during this ques- Obama in a nutshell. Well, not so
tion, declaring that countries who help their poor consistently outperform much nutshell as chocolate coated
other economies, and labeled Canada a properly “socialist” country. Note candy treat, whose sweet sympho-
that this is not unqualified, as Saturday he asserted that the NDP was too ny of flavourful eloquence makes
“socialist” for Canada. my lips smack with satisfaction
Dion sounded convincing when denying Harper’s claim that the (mix enough metaphors for ya?).
Green Plan would create twice as much tax as it relieved, and in truth Suffice it to say that the
Harper was only half right. As Dion pointed out, a poor family might cockles of my heart yearn for this
receive as much as $2400/year in benefits. Only single people would pay guy. A boy crush if you will. The
twice as much as they save. sort a certain Socratic professor of
May suggested decreasing the value of the dollar to make exports mine seems to profess to me each
more competitive, and promised to end foreign takeovers of Canadian and every class we share together. I
companies, like Eaton’s. She and Jack agreed with Duceppe when he won’t get any more specific except
stated that there are two economies in Canada, one for the oil companies to say that I wouldn’t accept the of-
and one for everybody else. Mesmerizing anyone who dared to peer fer without consideration. I’m only
directly into his bottomless sea-grey eyes, Gilles successfully pulled off kidding, please don’t sue...
a fascinating leap of logic and added that abiding by our Kyoto commit- Back to Obama. I thought
ments would help to end our economic instability. to write this column in the form of
This led to the second question on environment, whereupon a poem praising him effusively, but
Harper began to squirm visibly. I couldn’t come up with anything

>> See “Fab Five “ on page 17 >> See “USofA” on page 17
16
>> from page 16 >> from page 16

Fab Five USofA


Jack insisted that “the polluters” should pay, while Dion and May ap- to rhyme with ‘the greatest thing to
peared to believe that pollution is a valuable source of federal income happen to American politics since
that could allow for decreased taxes and a stimulated economy. Neither Kennedy.’ Hmmm...maybe I ought
responded to Harper’s criticism that there is naturally an economic cost to to just scrap that line altogether,
pollution taxes, and no one appeared to be aware of the fact that oil com- not too poetic now that I see it on
panies would not exist if not for consumer demand for energy and oil. paper.
The most amusing question asked the leaders to express their ap- I’ve heard it said a thou-
preciation for the arts. Dion accused Harper of seeing artists as enemies, sand fold that he’s high on hope
and May berated his “mean-spirited and stupid” ideological choices of and light on experience. To be fair,
program cuts. Harper defended his cuts on the basis of efficiency, which it’s unlikely that one man (woman,
was probably not entirely forthcoming, as cutting the program that spent or handi-able person like George
$30,000 to send Avi Lewis to Europe is not a likely fluke. And did Du- Bush) could ‘fix Washington’. But
ceppe say his father was a comedian? gosh darn it Obama could wreck it
Predictably, the four opposition leaders spent most of the eve- worse and sell me a majestic vision
ning quoting from the classic playbook, “50 Ways to Insult a Capitalist’s of how it’s improved and I would
Intelligence”; Dion accused Harper of being distrustful of judges (who lap it up like Knoll and Fluker. (I’m
frequently employ house arrest, which Harper argued results in increased so sorry).
chances of recidivism), while May labeled him a tyrant who saw himself In conclusion, I was asked
as above the law. to write out my thoughts on the
“Compassion for criminals must equal compassion for victims,” current Canadian election, and I
retorted an indignant Harper, with discernable daggers in his eyes. think I’ve hammered that home.
Meanwhile Slappy Jack compared Bush to Harper with a sweet
smile about every fifteen 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 benefited 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-
sition’s final and biggest chance to cut him down to size. Given that Harper’s stated goal was merely to survive
the evening, it may be him who scored the greatest tactical victory.

17
WorkLife Balance
WHAT NOT TO WEAR: Goings on - files from
Do’s and Don’ts of Law Event Outfits Jane Butcher
Fiana Bakshan, Liz Kay, with Contributions from Maclean Kay
THE ZOMBIE WALK:
Summer job interviews are right around the corner. So, for those of you www.calgaryzombie.com
not trying to completely embarrass yourself, here are some helpful fashion sug- The Zombie Walk is an annual
gestions:
October tradition here in Calgary
• Do not wear “you and me baby ain’t
where a few hundred
nothing but mammals so let’s do it
like they do on the discovery channel” people dress up as zombies and
t-shirt. zombie march from Olympic Plaza
• Don’t wear anything you would ex- down Stephen Ave and
pect to be picked up in. Erin Brock then on to 17th. Some years are
ovich is not “the exception that bigger than others, but it is gener-
proves the rule.” ally entertaining--people get fairly
• If it’s in any 80s music video, the creative with costumes. And the
answer is no. No exceptions. organizers don’t usually tell the
• If you ask someone “how do I look” shopowners or shopgoers what day
and they begin by saying “umm…”
the parade is, which is part of the
then maybe you should try something new, sport.
fun ... especially when the zombie
• Doesn’t matter if it’s the playoffs (even if the Flames are in the Stanley Cup
Finals), no jerseys allowed. “Your Honour” could be an Oilers fan. hoard mobs the McDonald’s.
• If you have to ask if you should have shaved, the answer is always “yes.” That
goes for men too. WORDFEST:
• Do not use red nail polish to fix a run in your nylons. That goes for women www.wordfest.com
too. For anyone with an interest in
• If your mother bought it for you as a Christmas gift…not a good idea. Unless, literature, don’t miss Wordfest
of course, you think your mother has good taste, in which case, what colour is October 14 – 19. Big names this
the sky in your world? year include Ronald Wright, Nino
• If defending a client, do not wear your “I’m with guilty” t-shirt. Ricci and Rawi Hage, amazing
• Maybe just go ahead and burn that shirt right now.
spoken word poet Shane Koyczan,
• No, really, it’s probably not a good idea to even own it.
among others. Some of the events
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, are at the university, and others are
even if it is an informal second “coffee” interview. Men – ties are a must! Make well worth heading downtown for.
sure you know how to knot one. This is a skill that will probably come in handy Tickets are half price for students
if you plan on practicing law. and cheap to begin with …
As for women, if you’re wearing a skirt, ensure it is an appropriate
length. Just above the knee, or longer should be okay. Don’t try to emulate Ally WANT TO KNOW MORE?
McBeal – TV is not real life! All in all, you want to look professional but at http://www.firstthursdays.ca/
the same time wear something that reflects your personality. This may involve See First Thursdays: the first
wearing a great pear of shoes with a more conservative suit or a brighter tie. Thursday of every month, there are
(Yes, men can wear pink in the 21st century!) all kinds of cultural events/talks/
Finally, personal hygiene is very important. You don’t want to be re-
gallery openings etc downtown. It
membered as the guy/girl with the funky aroma…
can be pretty fun.

19
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Oct.8th Oct.9th Oct.10th Oct.11th

Info session for prospective BD& P Hockey pool sign Deadlines for Calgary firms’ Calgary High Society, look
students on LLB programs. up at 9AM.McGillivray summering positions are out for this month’s Teatro
Then see Iron and Wine at Shield Moot Final, with a passed or approaching. Series speaker, journalist
MacEwan Ballroom. reception to follow in the Michael Barone.
Faculty Lounge.

Oct.12th Oct.13th Oct.14th Oct.15th Oct.16th Oct.17th Oct.18th

Happy Thanksgiving Show your U of C SPIRIT: ELECTION DAY! USE CBA EVENT:Corporate Check out the Calgary- Bennett Jones Recruitment Enjoy a classical evening
Alzeihmer’s walk and run Law Games deadline YOUR S.7 RIGHTS. Counsel section meeting, Banff Wordfest running Mixer for will take place with Lyric Baritone vocalist
At Eau Claire! tomorrow! with guest speakers on Oct.14-19. at 4500 Bankers Hall East, Brad Hoghham, Eckhardt-
the topic “Aboriginal 855 2nd Street SW, starting Gramatte Concert Hall,
Consultation: Challenges at 5 pm. RSVP required. Tickets avilable at Campust
for Industry”, at 12 pm. For more info, contact Ticket centre.
Maryanne Forrayi

Oct.19 Oct.20 Oct.21 Environmental Oct.22 Oct.23 Oct.24 Oct.25

Neil Young, Death Cab Henry Rollins Recountdown Law Society speaker series Learn and Lunch alert: Call Day
for Cutie and Wilco at the Tour - An Evening of TBD, 12 to 2 pm The Alberta Civil Liberties for Toronto second-
Saddledome and Gorilla Spoken Word Research Centre is interviews
Run at the ZOO.19 presenting “Do Racism and
Inequality Make us Sick?”
at 12 pm in MFH2370

Oct. 26 Oct. 27 Oct. 28 Oct. 29 Oct. 30 Oct. 31 Nov. 1

RUN Art show at U of C and Bob Clerking AlumNight 03 Halloween Joint Law- Medicine Celebrate All Saints day
Halloween Howl 10km Dylan at Saddledome Alberta Courts information Party for all young grads at Halloween party and SLS at the
session at 12pm Hotel Arts fundraiser for Adopt-a- Winterstart 5miler in Banff
Family Christmas Charity at
TANTRA

Nov. 2 Nov. 3 Nov. 4th Nov.5th


OFFER DAY.
Less than a month left Reckoning Day: Americans
of classes! chose Obama or McCain Make sure to answer calls.