MOOT TIMES

The Law
Student’s
Newspaper

No.
VOL4 I DECEMBER
APRIL 20092009 VOL
No.II8
Climate Change in Copenhagen:
People Power 1, Protocol 0
BY ORLAGH O’KELLY (3L)

Even the most optimistic climate warrior has admitted that there will be
no legally binding protocol when the world’s leaders, activists, scientists,
students and academics convene at the COP 15 Conference next week in
Copenhagen, Denmark.
“No, I mean I hope yes, but there will be no protocol at least not this
time,” admitted Norwegian law student, Henriette Larsen (27), about the
possibility of a legally binding instrument to replace the Kyoto Protocol
upon its expiration in 2012.
This admission is largely due to an announcement last week in Sin-
gapore, where President Obama took the H out of Hope-nhagen, outlining
that the parties would not agree on legally binding emission reductions,
but that, like at the Bali Conference in 2007, they would agree to agree.
Agreement or no agreement, the momentum in and around COP15 is
unstoppable. When the Conference of the Parties (hence COP) under the
United Nations Framework Convention on Climate Change meet for the
fifteenth time (hence 15) since the Rio Declaration in 1992, the people will
not accept inaction. Although Canada has been a laggard and Mr. Harper
won’t promise his presence in Copenhagen, sixty five per cent of Albertans
recently agreed with the statement that, “it’s embarrassing that we are not
doing more to curb emissions.” In Kongens Nytorv Square, Frenetic Climate
Indeed, people power has been building up over the past three months Enthusiasts from France ask Orlagh what
and will inundate Copenhagen next week. Port buildings are decorated she thinks about French lovers, although she
as icebergs. The city’s churches are preparing daily prayer services. People answers what she thinks about French energy
are mulling around the cities many exhibits. Lectures are happening with saving.
increasing frequency. Student email inboxes are receiving requests for ac-
commodation daily. And, at the University of Copenhagen, many interna-
tional students are actualizing their intention of participating with COP15.
Australian law and environmental science student, Katherine Cranney (21), is still working out the details for her par-
ticipation with an NGO from down under. Larsen will not participate as part of the Norwegian delegation but will soak
it all up and “make it to any lecture, talk and the Greatest Debate on Earth.” Although green protesters are the activists
of our generation, Larsen does not see the usefulness in taking to the streets per se. Cranney flippantly jokes, that she will
“tie herself naked to a tree.” For these climate activists, the fight is more serious; it is about learning the skills, acquiring
the legal knowledge and spreading the message at the grassroots level.
Their message is clear: the international community must do something now. It is not just Al Gore and the people who
say so, the Intergovernmental Panel on Climate Change 2007 Report unequivocally demonstrates that human action is
disproportionately responsible for the impending 4 degree rise in global temperature. Equally troubling are the effects
that such rapid environmental change could have on geopolitics, ethnic tensions, resource scarcity and international mi-
gration. For instance, the number of climate refugees is expected to increase exponentially as the sea level rises and fresh
water disappears. Twenty million people were displaced in 2008, and, by some estimates, the number will increase 150
million by 2050. This is not to mention what will happen to the beloved polar bear.
In light of this evidence, these students outline the requirements necessary to move beyond Kyoto’s shortcomings. The
next protocol must include specific rules, targets and procedures on emission reduction; an emphasis on REDD (Reducing
Emissions from Deforestation and Forest Degradation); enforcement mechanisms through economic sanctions and trade
bans; and, most importantly, differentiated but common responsibilities in order to bridge the gap between developing
and developed countries.
The importance of such a universally supported instrument cannot be underestimated. The Vienna Convention on the
 Ozone Layer (1985) and its Montreal Protocol (1987) were uni-
versally ratified, included targets, established common but dif-
ferentiated responsibilities and implemented trade bans. The
outcome was that in 2000 the hole in the Ozone layer stopped
growing and by 2050 it should be gone.
With the hope of a concrete protocol gone in Copenhagen,
all is not lost. If the Canadian government can move beyond
its myopic obsession with non renewable resources, it may still
be able to catch up with the advancing European economies by
harnessing wind, hydro and solar power. Indeed, focusing on
renewable energy has been profitable for the similarly oil rich
state of Norway.
Individual Canadians can also join civil society in the
developed world by rising to the challenge and taking direct
action. Diane Liverman, the Director of the Environmental
Change Institute at the University of Oxford and a member
of the American Congress’ Climate Choices, emphasized the
potential of individual action at a lecture in October. The Brit-
Nunuvat on display, one of Canada’s most vulnerable areas to ish population has successfully implemented a people power
Climate Change. program called 10:10 that is seeking to cut 10 per cent of emis-
sions in 2010. In one British community, there are competitions
between households for decreasing emission output. In Oslo,
colourful electric vehicles line the main streets. In Toulouse, heat sensitive street lamps have been installed.
The ideas are endless, radical but not ignorant. In terms of people power, then, COP15 will be a resounding success.
5 ways YOU can contribute to a reduction in emissions
1. Eat less meat (yes, we love beef )
2. Ride a bike, ski or take public transportation (yes, we love cars)
3. Never use a plastic bag
4. Decrease your household temperature by one degree
5. Be healthy and happy! Living green should not be a struggle, so if a beer makes you happy, so be it (yes, we love beer)

Moot Times is published by: President’s message

Hi fellow law students!
Meghan Waters
( meghanwaters@hotmail.com) It’s STUDY time! As we all embark
on the fun that comes with the last few
Esther Kim weeks of school before exams, I can as-
sure you that there is still a light at the
(estakim@gmail.com) end of the tunnel – next semester! Yes,
the fun will all begin again in 2010.
Vhari Storwick The Society of Law Students has
( vstorwick@gmail.com) some exciting events planned for you in
the month of January. The Annual Law
School Ski Trip will be taking place in
and Fernie, BC on Jan. 29 to 31. Also, the
SLS is planning on holding the highly
Anjili Patel anticipated Law Formal on Jan. 23. So
(anjli_11@yahoo.com) mark your calendars,

2010 promises to be a great year!

If you would like to contribute or have
any questions or comments please con- Good luck to you all!
tact any of the publishers or email Wilma Shim
moottimes@gmail.com.

2
 Why choose Bennett Jones?

“I chose Bennett Jones because it provides challenging and dynamic

work to its students... Working here has pushed me in a positive way.”
Chelsea Hermanson University of Ottawa
My Interests Litigation, Corporate / Commercial Law, Dispute Resolution

Your Future. Your Choice. Your Firm.

bennettjones.com/yourfuture

2009BJ-Lexpert-Sept-vStudents.indd 6 28/10/2009 11:30:59 AM

Murray Fraser Hall
Is Bubble Spinner
the New Doodling?
By Ardys Baker, 1L
How do you feel about students using the internet while in
class? What kind of internet use in class is acceptable?
Professor Alice Woolley answered these questions when she
implemented a no internet policy for her classes. The rationale
for her policy is that internet use in class “serves little pedagogi-
cal purpose, and tends to deaden the classroom environment.”
There are no sanctions for violating the internet ban; however,
by employing the policy, Professor Woolley hopes to discourage
students from using the internet in class because it is disruptive
to the flow of the lecture and shows a lack of respect for her and
other students. Woolley introduced the policy this year and says
that she will do it again because it has been successful and there
have been no issues with an internet ban so far.
The policy targets internet use, as well as use of cell phones or
smart phones, in class. Woolley wants students to engage with
her and with each other. This engagement breaks down when
half of the students in a class, or more, are creeping on Facebook,
shopping online, watching YouTube videos, or perusing celebrity
gossip sites.
The internet ban does not prohibit the use of downloaded
games. If a game is downloaded from the internet, that is, not
streaming live, then the playing of it does not violate the policy.
In addition, if the game is non-cognitive, Woolley will not look
down on it being played because this kind of activity in class can
actually help facilitate learning. Examples of non-cognitive inter-
net use include games such as the original Solitaire and Bubble
Spinner. These kinds of games tend to quiet or focus the mind,
making it easier to absorb verbal information that some may find
dull or dry.
A small study published in February 2009 in the journal Ap-
plied Cognitive Psychology found that a simple task like doodling
can be enough to keep the mind from wandering when a person is
doing a lacklustre task. According to this study, doodling focuses
the mind enough to keep the listener on track, without affecting
performance of the main task. To take this research a step further,
does it follow that Bubble Spinner the new doodling? The game
might be mindless enough to prevent the player from daydream-
ing during a lecture, and thus helping him or her absorb informa-
tion.
Non-cognitive games may help the students playing them
focus, but what about the potential for those games to distract
students who sit near the player? If Bubble Spinner is acceptable
in class because it aids learning, then what about internet use that
does not quiet the mind, but rather stimulates it? Celebrity gossip
websites, such as Perez Hilton, Facebook, and various forms of
instant messaging are examples of this kind of internet use. What
purpose do these websites serve in a classroom setting, besides
being an entertaining distraction from the professor’s lecture?
This issue can stir passionate responses in students. On one
side of the debate, it is argued that each student pays tuition and
everyone at law school is an adult, so it should be an individual’s
prerogative as to how to spend class time. The other side address-
4
es the unfairness of that assessment by siding with students who
choose not to go on social networking or celebrity gossip websites
while in class, yet still get distracted by the flashy websites that
are being browsed in front of them. Many students go online in
class once and a while, but for some it is a habit and routinely
takes the place of note taking. For the non-user, it is difficult not
to be distracted by neon pink screens and scrolling photos of
people’s pets and vacations. It could be contended that if lectures
are boring enough to warrant continuous, non-academic internet
usage, then why bother attending class at all? Where does help-
ing to create a respectful learning environment come into play?
When is the line crossed between an individual’s freedom and the
right of other students to have a classroom environment that is
conducive to learning?
A 2007 study from Winona State University in Minnesota
found that laptops can hurt lecture-based learning. The study
found that non-lecture based computer use in class equated to
weaker understanding of course material and lower academic
performance. However, for those students playing Bubble Spin-
ner, will their grades be enhanced because they are doing the
modern-day equivalent of doodling?
Professor Woolley hopes to encourage a culture of respect in
her classroom through her no-internet policy. The subject matter
in law school can be dry at times, but we are all here to learn that
subject matter and learn how to apply it in practice. Each student
learns differently, and, ironically, some need a mindless distrac-
tion in order to focus. For those who routinely browse Perez
Hilton and Facebook instead of paying attention to lectures, those
websites will still be available after class.
Exam prep and
writing for first
years in 10 easy
steps
By Chad Conrad, 2L
Only first years are allowed to read this. Third years too if they
need it. Under no circumstances may a second year student, espe-
cially one in any of my classes, use these techniques against me.
1. Don’t read every word of every assigned case. If you’re
still behind now, you won’t catch up, so think triage. What’s most
important? What part of the syllabus, or what cases in that CAN
you’ve been relying on, do you not understand well? Read that.
Yes, I know I was quoted earlier this year in the pages of Moot
Times saying beware the CAN, but then I was trying to scare you
into doing as much of the reading as you could. Now that you’ve
discovered that’s impossible, give up. For many cases it’s enough
just to know the facts at a high level and the ratio (that is, the
proposition that your instructor says the case stands for; it may
well stand for other things too, so still beware of headnotes and
other people’s CANs). However, there are some cases that are
really valuable and worth reading, because they contain compre-
hensive discussion and synthesis of the law you’ve been learning through the course. Either they tie several concepts together well or
they clearly summarize the end-point of a progression in the law. Maybe ask your instructor which cases you really need to read if he
or she has not made it clear.
2. Prepare your notes to take into the exam following the advice professor Nickie Vlavianos gives in her exam-prep class. In case
you haven’t had the benefit of her lecture on this (she gave it to her first year property sections this year and last), this is the advice in a
nutshell, with some of my glosses:
a. Study a lot. Start yesterday. (It’s much easier to give this advice than to take it.)
b. Take a copy of the course syllabus or table of contents and make an outline of all the material in the course. This outline helps
with issue identification. You should be able to go to a section of the outline (eg, Aboriginal title) and see the issues that arise in that
context (eg, Occupation prior to sovereignty, Continuity, and Exclusive occupation).
c. Under each heading, include the cases that were looked at and what each case says about the issue it covers (eg, under Continu-
ity, you might list Mabo for the “substantial maintenance of connection” test).
d. Rework and condense your outline repeatedly until it is between four and 10 pages at most. You don’t have time to flip through
40 pages of case summaries in an exam. While I generally agree with Vlavianos here, I went to 13 pages for the property final (not the
midterm), and I did very well on that exam. There’s just a lot of stuff in property! But I think my 14-page crime outline may have been
too detailed.
To condense this much you have to know the cases. In the part of my torts outline about proof of causation, all it says is “Starting
position: Basic “but-for” test (Resurfice).” In case I can’t remember what Resurfice is about, I have a tiny footnote that says “Ice resur-
facing machine; pl. put hot water in fuel tank”. But really you can probably get away with having no facts in your outline at all. The
most important thing is knowing the principles and being able to cite the correct authority for each principle. (Actually, the most im-
portant thing is applying the correct principles to the facts you are given, but to do that it helps to have the principles in your outline.)
The magic in an outline is the making of it. Having it is much less important than having made it. It forces you to synthesize the
principles into a coherent whole. That said, I did actually use my outlines during the exams, I think more than some of my colleagues,
because I don’t have a great memory for names and the picky details of legal tests and so forth. But you need to know the law well
enough that when you’re reading the fact scenarios the issues pop out at you. Then you just have to find those issues in your outline to
remind yourself how to analyse them. I had tabs sticking out of my outlines to help with this.
3. Focus your study time on the right things. Your grades may not seem proportional to the number of hours invested in studying,
at least not in a linear fashion. Mine weren’t seemingly related at all. For one final exam I studied for 35 hours and got a B, while I got
a B+ on a different final for which I only studied 13 hours. And I got an A on a final exam for which I studied 21 hours. How do I make
sense of that? Some material is simply harder than other material. You will also, naturally, have to spend more time on the courses
you’ve ignored the reading in. Add to this the fact—and I hate to say it—that some instructors are vastly better than others at getting
the material across in a way you can make sense of and apply. So, how much should you study? Study most what you think you know
least. (But know too when you’re investing too much time in an area with small returns. At some point you have to decide that you’ll
never master the Rule Against Perpetuities, and since it’s not central to the course, move on.)
4. Get a good night’s sleep the night before the exam and preferably a couple of nights before that too. At that point the need for
your brain to operate correctly becomes more important than trying to get any more into it. Also, (and the bio-medical-ness-type people
out there will correct me if I’m wrong), I think a proper night’s sleep at the end of a day of study is essential to correctly form those
memories. Or something.
5. Eat properly the morning of the exam. Eggs and nuts and good slow-burning stuff like that. You don’t want a carb crash in the
middle of the exam. (Although the terror of the thing will keep you awake, you really will fade and panic worse if your blood sugar
drops.)
6. Get there early. Relax, go to the bathroom, read over your outline and make some last-minute pencil marks on it to get your
mind in the right space.
7. Read the instructions and the questions carefully. Mark up the question sheet as issues occur to you. (“Oh,” you say to yourself,
“I see the government is intentionally trying to get people addicted to gambling and they know that causes mental illness, so that looks
like an intentional tort.” So you underline the words that give you that thought and you write “intentional tort” in the margin.)
8. Take the time to plan out your answer. With luck you will have identified more issues than you have time to address. Figure out
what order to attack them in, and roughly what you need to say about each one. Sometimes (like with a constitutional problem), the
way to approach it is sufficiently formulaic that your time is better spent just starting to draft the answer than to do a detailed outline,
but still think a little bit before starting to write. Most importantly, answer the question that is asked. Are you asked to advise the
Crown prosecutor of the likelihood of success? Then advise the Crown, remembering you are usually asked to anticipate the arguments
for the other side too. Don’t just tell the prof. what the law is. They’re expecting you to apply the law and reach a conclusion. (And
don’t panic when, after five pages of facts, the question is simply, “Discuss fully.” That happens, and you’ll have to, well, discuss fully,
which implies applying the law to reach some kind of conclusion on each of the issues you’ve identified, remembering to address both
sides of each issue.)
9. Follow the suggested time guidelines. This is another one of those pieces of advice that is easier to give than to take. It’s so
tempting to spend five or 10 more minutes on that great answer you’ve sketched out for question one, thinking you’ll make up for it on
question two. This may be a legitimate strategy in some cases, but remember that there is limited upside (you might take your answer
from a B+ to an A-), but a lot of downside if you short-change your answer to question two. I think spending too much time on an
answer burned me more times than it helped me. Also—and though this shouldn’t have to be said, I’m told it needs emphasis—answer
every question.
10. Relax. You have to try really hard to actually flunk out of law school. They want you to succeed.

5
Going coastal
U of C represents at the UBC Environmental Law Negotiation Competition
By Environmental Law Society

The Environmental Law Society, with generous support from the Canadian Institute for Resources Law, recently send two negotia-
tors to UBC for the sixth annual Environmental Law Negotiation Competition.
Tim Ross, just off the plane from negotiating in Boise, Idaho and Carmen Gustafson, fresh off of, well, nothing in particular, trav-
eled to Vancouver to take part in a tripartite negotiation over a fictional trans-boundry water problem. Up against rivals from two other
countries represented by University of Victoria and University of British Columbia students, Ross and Gustafson were able to introduce
creative solutions to the table that saw resolution to the problem with two minutes remaining in the competition.
The UBC Environmental Law Group, who hosted the competition, drew judges from faculty, local firms and other environmental
law practitioners (including Ecojustice). Finals were held between the top teams representing each of the parties and included two
twists: one was a further scenario to be negotiated based on the original problem, and the other was that it was in front of the other
teams and judges. It was good practice to observe other teams negotiate and hear the feedback from the judges. In the end, the judges
decided that the three teams (two from UBC and one from UVic) were equally excellent and a tie was declared.
Following the competition, judges and competitors alike visited a nearby UBC watering hole where we were treated to beverages
and a chance to meet our future environmental law colleagues and trade stories from “the trenches” of law school. Arguably one of the
most productive parts of the evening, aspirations to host future events were shared by many. Hopefully we’ve got our ELS foot in the
door to take part…and perhaps we alluded to hosting something similar in the future on our campus.
Negotiation is a lawyer’s primary means of resolving disputes, yet it is something that is difficult to teach. Practice is the best way to
become a good negotiator, and competitions like this are key to building skills. The ELS looks forward to making a regular appearance
at the UBC competition, so keep your ears open next year for an opportunity to take part.
Many thanks to CIRL for sponsoring our travel, without this funding we would not have been able to participate.

Opinon: “Volunteering for _____________ Will

Look Good on My Resume”
Flake Out: To cancel previously agreed upon plans last minute, or simply not show up

Ditch: Run away from, abandon, someone/a situation, usually not a good thing. Usually without one’s knowledge.

(above are from Urban Dictionary…try citing THAT in a law paper)

It is a known fact that law girls and boys are driven, intelligent and passionate. They were selected from hundreds for their work
ethic and their ability to do just a little more than the average bear (by bear, I mean student). Personal statements, letters of reference
and resumes are jam packed with shining examples of the law student’s ability to succeed, nay, thrive in a competitive world. Each
and every student who graces the environs of Murray Fraser Hall is, well, a “chosen one” (by chosen, I don’t mean biblically). Wise,
caring, and a few of you are good looking too… some of the finest specimens of students out there.
When it comes time to apply for jobs and articles and scholarships, most law students suddenly realize that while they demonstrat-
ed their ability to rise above the mediocre in being admitted, they now must rise above rising above mediocrity. Have no fear, student
organizations are here to bleed the precious little energy you have left after studying, in exchange for one thing…you can put it on your
resume in some attempt to look just a little better than the guy who sits beside you in Rafferty’s contract class and has all the answers
‘cause his CANS are just that good.
Everyone lines up, eager to goldplate their resume. The people who rely on these student-run organizations, clients and fellow vol-
unteers alike, are happy that all these shiny, wonderful law students are there to save the day. And then assignments start…the weak
fall prey. And the applications deadlines loom…the slightly less weak fall prey. And on it goes until it gets pretty lonely in Volunteer-
land and the people who depend on those services are wondering what happened to those smiling law students.
Why do they do it? Why do they volunteer for more than is humanly possible to put the necessary effort in to succeed at? Because
it will “look good on a resume”. But one has to wonder…if all you did it for was to look good on your resume, how bad was your re-
sume to start out with? And how do you really stack up against the guy in Rafferty’s class with the amazing CANS? Is your two hours
spent learning how to use the SLA photocopier really going to get you a job? I mean, isn’t it hard to explain to a future employer that
you didn’t actually get substantially involved in a ProBono project, you just…dabbled?
The bottom line is this: volunteering is about more than “looking good”, it’s about building real world skills, character (I hear that
running a trial puts hair on your something or other) and earning your stripes in the world. If you don’t have time, don’t offer it. If
your heart isn’t in it, don’t pretend. If you can’t be bothered to put the effort in, cut your losses and stay in the library. Cynical? Nah.
I think that there are some pretty incredible people who give what they can and follow up on their commitments, and make a real dif-
ference in the lives of others. This world needs more people like them. So don’t fret, there’s always time to be more than just a good
looking piece of paper. Maybe that can be your New Year’s Resolution….
Ms. Pants tackles thorny issues every month in her column. If you have a rantworthy issue you want Ms. Pants to consider, send it to moot-
times@gmail.com (all submissions are anonymous.)

6
There’s more
To being a
greaT lawyer
Than your gPa.
Within our firm you’ll find lawyers who’ve closed billion-dollar deals,
represented Prime Ministers and argued precedent-setting cases
before the Supreme Court. You’ll also discover adventurers,
marathoners and humanitarians. Every year, through our summer
and articling programs, we seek out students who, like us, have
both a passion for legal success and a desire to push themselves
to their limit. We’re not just looking for exceptional lawyers, we’re
looking for exceptional people.

To read our lawyer profiles and to see if BLG is right for you,
visit blgcanada.com/student

Calgary | Montréal | Ottawa

Toronto | Vancouver | Waterloo Region
Lawyers | Patent & Trade-mark Agents
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blgcanada.com
Auckland Exchange: World Famous in
New Zealand (writ-
ten from the beaches
of Bali) By: Laura Coward and Kyla Stott-Jess

Greetings from Bali bitches! We are writing to you from a

computer that randomly switches into Indonesian characters
but we don’t mind because we’re in f-ing Bali (and as Gavin
would say, computer issues in Bali are better than no computer
issues in Calgary).
Now about that exchange we were on. We arrived in New Zealand back in July just in time to trade Calgary’s July heat
for our second winter of the year. Luckily, winter in Auckland means oranges and tropical flowers growing on the trees
we passed on our way to the law school. The law school itself was hard to navigate, housed as it was in the old High
Court, with its secret judge staircases and rooms without room numbers. The Kiwi accent also confused us as well as oth-
er American students; one example from class was when the Prof asked if the class had any questions (which sounds like
“quistions”down here). One of the American students raised his hand and when the Prof called on him he stated, “I’m a
Christian.” Our own accent provided problems of its own: one of the kiwis we befriended mocked our accent, especially
the word “duty” which apparently sounds dirty when we say it (“doody”). We avoided this problem coming up in class
by not participating unless a Canadian case came up and we were required to give our opinion on whether Nova Scotia
or Newfoundland was colder (sorry Erin, we said Nfdl). [As an aside, Nfdl took some hard knocks down here- when the
Prof talked about Nfdl, he likened it to the Tasmania of Australia, which we do not think was a compliment]. Our classes
were chosen based on their placement in the week (avoiding Fridays and Mondays), meaning that we had quite a diverse
range (from Islamic law to International Sales and Finance; we’ll let you guess which was harder). Given such a com-
pressed schoolweek we decided to live dangerously and buy a car to drive on the wrong side of the road on our extended
weekends. Her name was Gladys, a white 1989 Honda Accord (with a working sunroof and A/C!) that we bought for a
little under $600 Canadian and then proceeded to drive from the northernmost tip of the north island (Cape Reinga) to the
southernmost tip of the south island (Bluff). There were also no extra costs associated with this, as New Zealand doesn’t
require you to have any insurance! Despite her low cost we loved her and were thus saddened when she met her demise
on the highway an hour south of Christchurch on our trip back north (she was even considerate enough to break down
within half a block of a mechanic in the middle of nowhere). It is possible that the problem began with the rattling of
the engine prior to the smoke pouring out from under the hood, but our sound legal logic led us to reason that we didn’t
know anything about engines and so the only solution was to turn up the music (New Kids on the Block!). Good times,
poor choices, such was our exchange. Turns out it was also ok that Gladys died on the south island as flying back gave
us a whole 2 days to study for our first final (our kiwi classmates had been studying for the whole 2 weeks while we were
cavorting around the south island). In addition to our trips around New Zealand, we had a 2 week semester break (which
extended to 2.5 weeks what with our longweekends); we got a cheap flight deal to Hong Kong to visit Maya and Hass
and it came with a 10 day stopover in Borneo free of charge. And now we’re in Bali, heading to Australia and other parts
of SE Asia.
General lessons for those looking to go on future exchanges
(which we highly recommend doing):
1) Cram your schedule into as tight a week as you can manage.
2) Make sure there is a mid-semester break so you can relax from
all that “studying” you’ve been doing.
3) The 2 weeks off prior to exams is really an unspoken travel
break that the university is gifting to you.
4) If you start your exchange early, you will also end early, hence
Christmas in the tropics.
And the most important to keep in mind while on exchange:
5) Exchange courses come back on your transcript as pass/fail and pass is usually 51%!
Merry Christmas and we’ll see you all in the new year!

8
 Hong Kong: A much more interesting
city than Calgary
By Maya Nathwani

When I first landed in Hong Kong at the end of August,

eager to begin my exchange, I hadn’t given a lot of thought
to what the next four months of my life would look like. I
knew the University of Hong Kong was the number one
ranked university in Asia. It is centrally located on Hong
Kong Island, which is an area where typical monthly rents
far exceed Calgary standards and are instead comparable to
Manhattan rents. Fortunately, HKU offers residence spots to
local and exchange students for subsidized prices, making Hong Kong an affordable place, even with my student budget.
Saving money on rent has allowed me to do a great deal of travel around Southeast Asia, which has been an unforgettable
part of my exchange. Although it is daily life in Hong Kong that has unexpectedly turned out to be the best part of my
exchange.
Hong Kong is a modern, dynamic city, full of contrasts. In many areas, there are markets where you can buy t-shirts,
purses, knick-knacks and knock-off anything (from iPods to Coach purses) at dirt-cheap prices. Yet within a short ride on
the MTR, there are numerous malls such as the Landmark and IFC Mall, which feature designer retailers, such as Gucci,
Prada and Louis Vuitton. Similarly, you can dine on noodles and dumplings at local restaurants for practically nothing,
or, if you wish, in a first rate, Michelin ranked restaurant, which may cost a small fortune. Everything seems to be done in
extremes. While there are a plethora of buses, mini-buses around Hong Kong, which most people rely on for daily trans-
port, it seems those on Hong Kong Island who drive choose luxury over practicality. Unless it’s a taxi, it is more common
to see a Mercedes Benz or BMW than a Honda Civic on the streets. Hong Kong’s elite certainly travel in style. And this is
only one example of the affluence that bleeds through the island; 1 in every 7 people living on the island is a millionaire,
after all.
Much of Hong Kong’s paradoxes are a result of its history. Having originated centuries ago as a fishing village, Hong
Kong has developed into one of the world’s top financial centres with a highly developed capitalist economy, which
distinguishes it immensely from China. The British colonized the city and only “returned” Hong Kong to China in 1997.
Hong Kong still maintains a high degree of autonomy from China, however, which is recognized by Hong Kong’s “Spe-
cial Administrative Region” status.
Hong Kong is governed under the “one city, two systems” motto. English and Cantonese are both official languages,
serving as a reminder of its colonial past. Certain areas of Hong Kong seem to be heavily influenced by British culture,
such as Central, which is a haven to the relatively large expat community calling Hong Kong home. In other parts of
Hong Kong, such as Mong Kok, you will be hard pressed to find someone who speaks English fluently. The comingling
of Chinese and British influences truly makes Hong Kong what it is: a vibrant city where modernity meets tradition and
‘East meets West.’
Studying abroad in a city with such a rich culture makes every day an adventure. Despite English being an official
language, I seem to constantly encounter language barriers. Something as simple as ordering lunch at the school canteen
usually involves unnecessary pointing and gesturing on my part, general confusion and an end result of me receiving a
pork dish with rice, which I wasn’t trying to order. While I have been able to pick up some key words in Cantonese such
as thank you, pronounced mmmgoy, I have also learned the hard way that “thanking” a mini-bus driver does not result
in the driver stopping where you need to get off.
However, despite these occasional frustrations, my experience in Hong Kong has been extremely rewarding. While
exchange often gets a bad rep for lacking the same academic ‘rigours’ as U of C law, the benefits of studying abroad have
their own merits. It has been eye opening to study law in a completely different part of the world. I find I am constantly
comparing what I’m learning in Hong Kong to my Canadian legal knowledge. The PRC courses I’m taking are particu-
larly different, as China uses a civil code and many concepts foundational to Canadian law are non-existent in China. For
instance, for my class presentation in Introduction to Chinese Law, I had to do a comparison of the Canadian Constitution
and the Chinese Constitution. The major point of comparison being that Canada has an enforceable constitution, used ac-
tively by the courts, while China’s constitution exists only on paper and has never actually been used judicially, a concept
unfathomable to most Canadian law students.
Although the academic side of exchange has certainly not been the highlight of my experience abroad, studying at
HKU has contributed in many ways to my appreciation and understanding of Hong Kong. It seems with each day that
goes by, my appreciation only seems to grow more intensely, but maybe that’s only because I started thinking about block
week in January…

9
Sports Ambulance Chaser #1: “What a weak call, that was a
clean hit”
Ambulance Chaser #2: “ummmm...ya you aren’t al-
lowed ot hit, at all, in this league.”
There is no question that the Ambulance Chasers
Fall hockey update played passionate hockey all semester. Players fought in
the corners, chased down loose pucks, fore checked, and
By Adrian Etchell, 2L
one player even broke a skate as he “tracked down a loose
puck on the boards,” no easy feat. Even more than secur-
A condition precedent to becoming league
ing articles at leading firms, the Chasers wanted to bring
champions is making the playoffs. Though the Chasers
home the Division A Cup for the Faculty. Unfortunately
technically secured a berth in the post-season, the Chasers
the Chasers ambitious were thwarted by Regulation XI
did not qualify for the playoffs this term. In Ethics we learn
of the Intramural Charter. Though the team argued that
about the good character requirement for admission to the
the clause was ultra vires the Intramural office and in the
bar. This is not so different from the fair play threshold that
alternative, that they had been denied procedural fairness
needs to be met by any team wishing to play in the post-
by the Commissioner, they were told in no uncertain terms
season.
that they needed to “get a life.”
Regulation XI of the Intramural Charter provides that:
The Chasers are taking some time off over Christmas to
To participate in playoffs teams are required to have
get refocused. Some players have been encouraged to take
a record of .500 and a fairplay rating of 3.75. Regardless
up yoga over the holidays. Next semester the Chasers will
of their place in standings, teams with a fairplay rating of
not lead the league in penalty minutes but rather, lead the
less than 3.75 will not be eligible for playoffs
league in fair play points. Lennie Bernstein has pledged to
It turns out that a team full of future lawyers will debate
bring cupcakes each game for the opposing team to help
the merits of a questionable call. To be fair though, some
in this endeavour. What is certain is that the Chasers will
of the calls that triggered such fervent debate, had “never
be a new team after Christmas and will again try and bring
before been made in the history of hockey.” It also turns
home the Cup
out that some of the Chasers were unaware that intramural
hockey was non-contact.

Hockey Pool updates presented by BD&P

2009/2010 BDP NHL Hockey Pool Stats
Players Goalies
Rank Team Name Student G A W SHO Total
1 Gino Odjick Patrick Dowler 74 118 14 2 208
HC
2 Looking os- Aghi 70 124 9 2 205
good
3 The dudes Jake 76 116 7 0 199
Maslowski
4 ACL/DCL Dave S. 59 125 11 2 197
5 Serenity Noel Jarvis 69 112 12 2 195
Now!

Hockey Pool updates presented by BD&P

6 Team Sanjiv Sanjiv P.
6 Ogie
Oglethorpe
74
50
96
117
11
14
6
6
187
187

8 Babychtime 69 100 15 2 186

9 HC Heaslip Alex Heaslip 46 123 15 0 184
10 Team Sander Sander 72 99 7 0 178
Phone: 403-260-0100
Common SenSe,
Duncanson
Fax: 403-260-0332
11 Team IR/
DTD
UnCommon InnovatIon
Craig A.98 860 8
. 174
www.bdplaw.com
SLACKERS
12 The Brass Steve Schott 55 108 7 2 172
Ring
13 Big Willy Wilma Shim 59 87 8 0 154
14 Team Etch-a- Adrian 55 94 2 0 151
Sketch Etchell
15 Stare deICis Daniel 49 83 11 2 145
Wilson
16 LeWall 36 66 14 4 120

Phone: 403-260-0100
Common SenSe, Fax: 403-260-0332
UnCommon InnovatIon . www.bdplaw.com

10
Name: Matt Grant

Hometown: I’ve lived all over Canada, but I call Calgary

home now.
3,2,1...
Profiles!
Undergrad Studies: Bachelor of Arts with a Major in Po-
litical Science from Mount Allison University

Pre-law school employment/volunteer experience: I’ve

worked mostly in not-for-profit and government, and
most recently I was Executive Assistant to two MLAs here
in Calgary. I’ve volunteered for my community associa- Name: Emily McGivern
tion, Rick Hansen Wheels in Motion, and the federal and
provincial Liberal parties. Hometown: Mississauga, ON/ Warren, NJ.

Exam Rituals? Well, recently, I’ve been using the gym
and cleaning the condo to productively procrastinate and
avoid spending all my time in the library.
What do you do to keep sane? Probably stupidly, I read a
lot. I always have a book on the go.
If you could be any place right now, where would you be?
South America is probably next on my list. I want to get to
Peru and Brazil.
What’s the scariest thing you have ever done? I once
accidentally found myself on mogul hill, and given my
less-than-stellar skiing skills, I certainly found the experi-
ence scary.
Person you look up to and why? I’ve got a heck of good
mother and father.
Undergrad Studies: Philosophy and History.
Pre-law school employment/volunteer experi-
ence: Paralegal, bartender, adult literacy tutor,
tutoring refugee children.
Exam Rituals? I don my All Blacks jersey and
do the Haka in the student lounge before each
exam.
What do you do to keep sane? I run/gym it.
And I ruthlessly expel SNAILs.
If you could be any place right now, where
would you be? Drinking $5 bottles of rum and
dancing with the drummers on the malecon
(seawall) in Havana. Or horseback riding in
Vermont.

One thing people in law school don’t know about you: I What’s the scariest thing you have ever done?
was once briefly the Executive Director of Field Hockey When I was fifteen I had a joyriding incident.
Alberta; I’ve never played field hockey. I was fine, so was the Suburban. I tried to
convince my parents that this was an all around
Best/Worst Christmas gift? win. We didn’t really see eye to eye. The judge
didn’t agree either.
I used to Also, I once helped to break a green horse
dread the that was rescued from an abusive owner. She
annual spooked. The gate, a wall and my helmet did
onslaught of not make it.
Northern Get-
away sweat- Person you look up to and why? Forrest Griffin,
ers featuring because he always gets back up again. And he’s
stoic-looking always smiling.
predators
from my One thing people in law school don’t know
grandparents about you: I played one-on-one for best of five
every Christ- against Michael Jordan at basketball camp in
mas. Seems California. He let me get two points. Getting
they’re cool trash talked by His Airness: Epic.
now; man I
wish I still What will you be ‘reading’ over the Christmas
had those break: All the issues of Vogue I’ve not had time
sweaters. to enjoy.
Name: Dilraj Sandhu

Hometown: Mississauga, Ontario

Undergrad Studies: Economics

Pre-law school employment/volunteer experience:

The typical “wiener” experiences you do to get into law school. Had 2 internships at the
Ministry of Finance, Founding President of the Economics Society, Youth Group Leader with
the Red Cross.

Exam Rituals?

I like to yell at SNAILS it makes me feel important and like a big man, the exact type of confi-
dence you need when writing a law exam! Seriously though, I don’t really have any rituals, I
just pray to be on that B median.

What do you do to keep sane?

Gym, cooking, watching Premiership footy, the occasional binge drinking night and staying
away from the Law School as much as possible. Law students are inherently insane so stay-
ing away from my wonderful colleagues now and then keeps my sanity.

If you could be any place right now, where would you be?

Quite honestly home with my family, friends and my girlfriend.

What’s the scariest thing you have ever done?

Snowboarding. I don’t care what people might

think by this statement, but Indians are NOT
meant for winter sports! When you fall on the
“magic carpet” at the C.O.P. you have problems.

Person you look up to and why?

Gordon Ramsay from Hell’s Kitchen, Kitchen

Nightmares and the F-Word. I hope one day I’ll
have the privilege of calling my subordinates
“donkeys”, “stupid cows”, and telling them every-
day they’ve “given up!”

One thing people in law school don’t know about

you:

I’ve lost close to 50 pounds from my worst point

5 years ago when I was a hefty and unhealthy 245
pounds with a cholesterol level the equivalent of a
middle aged man. Most people I tell are surprised
to hear that.

Best/Worst Christmas gift?

Best: Optimus Prime Transformer figure, awesome, wish I still had it today! Worst: Math
books. Seriously my dad thought doing extra math was a good gift for me for the future. But
I showed him…I went to law school!

13
Work/Life Balance
Thanks to years on the road
nights in Edson, Kaslo, Drumheller, Slocan City, Regina Beach, Sault St. Marie, Thunder Bay…
I’ve spent

We are the world is the mother of all collaboration songs. In response to mounting starvation in
Ethiopia, legendary producer Quincy Jones gathered the likes of Michael Jackson, Stevie Wonder,
Willie Nelson, Bob Dylan, Bruce Springsteen, and every other notable American music personality of
the last 50 years, together to record the still heralded musical cooperation. The Brits too hit the studio,
producing Do they know its Christmas?, harmonizing Paul McCartney, Sting, Bono, David Bowie and
Phil Collins. Feeling left out, and not willing to be outdone, everyone’s favorite little brother country
put its own collaboration to vinyl.
Written by Bryan Adams and David Foster, Tears are not enough is the Canadian reaction to Af-
rican hunger. Now, if Tears are not enough were to be recorded today, it would include some of pop
music’s very biggest stars. But back in 1985, Tears are not enough consisted of folk’s very biggest stars. You see, in the 80s,
if you asked any listener to define Canadian music, they would inevitably reference Gordon Lightfoot, Anne Murray, Rita
McNeil, and Bruce Cochburn. Armed with an unending slough of folkies, there is no doubt about it… Canada dominated
any mix tape labeled “Who rocks the softest”.
A lot has changed in 25 years. Modern (post-modern?) Canadian music boasts an eclectic mix of avant-garde rock,
electro-pop, hip-hop, jazz, and even punk. While perhaps largely lacking in big arena stars (with obvious exceptions being
the likes of Shania Twain, Avril Lavigne, and Celine Dion), Canadian musicians have mastered the art of filling soft-seat
theatres. Considering that our country prides itself on a global representation as a cultural mosaic, it is certainly appropri-
ate that Canadian music be so diverse. Still, critics, fans, and snobs, are constantly challenged to define Canadian music.
Unfortunately, we as a nation are forever compared to that giant to our south. We perhaps embarrassingly remind
every backpacker we encounter that we are not Americans. So, I guess I am succumbing… I’m going to judge our music
against theirs. American music is categorically busy and over produced. It is accused of being cookie-cutered and indus-
trialized… and this is not an unfair depiction. In stark contrast, Canadian music is, for lack of a better word, open. Cana-
dians are notorious for stripped down, simplistic music compositions. Relying primarily on instrumentation, rather than
studio magic and auto-tune, our music is a representation of the land itself; a vast, open space, with not a ton in it, but most
certainly not deficient in character.
Joni Mitchell famously asked a group of Victoria art students if they wanted to be artists, or if they wanted to be famous.
To my mind, I cannot think of a more appropriate characterization of Canadian music. While we are not absent from the
Billboard 200, we commendably do not provide record contracts to the Tila Tequilas, Lindsay Lohans, Heidi Montags, and
Brooke Hogans.
Instead of pursuing the formulaic, Canadian music is steeped in the artistic. While American artists migrate to the
music centers of LA, New York and Nashville, Canadian musical treasures emerge in such exotic metropolitan locales as…
Moncton, NB (!?!). In fact, the true north and free boast 5.9 record labels, distributors, and recording studios per 100,000
residents, compared to just 1.2 in the U.S. Such a high level of music employment would suggest a booming and lucrative
Canadian music industry. Yet, the average Canadian music studio, label, or distributor employs 5.7 people, and brings in
$540,000 per year. An American firm enjoys 5.9 employees, and rakes in an average of $4.1 million annually.
While I can’t drive through the states without hitting city after city, our major population centers are few and far be-
tween. Canadian bands are notorious for bringing their music to the towns, villages, and hamlets, as they tour their way to
Vancouver, Toronto and Montreal. We have a tiny population, just over 33 million, spread over the second largest country
on the globe. And yet so much of our citizenry is involved in the development and promotion of music. Why then are our
grosses so miniscule compared to our American neighbors? Well, the Canadian government provides substantial grants
and bursaries towards the pursuit of cultural endeavors. There is a lot of money on the table to encourage the emergence
of the arts. This cultural funding is largely unavailable in the states. In the U.S., music is industry driven, producing an
uncountable number of global stars. Here, we welcome cultural value.
So for every American idol, we have a man and a guitar. For every stadium star, we have a four-piece playing in a bar,
and for every miss/mrs/miss/mrs/miss Brittney Spears, we have a Joel Plaskett. My Ipod has a lot of American top-40,
but it has far more Canadian treasures. At the end of the day, Canadian music may not make a lot of money, but it sure is
better.

14
 Dear K + A
You ask, We answer, Everyone wins @ life.
Submit your questions to “answers_live_win@live.com” (A’s Phoning It In! Hooray!)
[The views in the men’s bathroom stall by the SLA office do not represent those of K + A]

Q: Should I really feel bad that I take free lunches and don’t stay?
K: Frankly there are bigger fish to fry than the fact that I am a Ninja when it comes to taking
a lunch and not staying to listen to the speech. You 1L’s might think you invented the “grab lunch,
walk in one door then out the others”, but really that is kids play. Until you have camped out for
3 days in the ceiling of MFH 2370 waiting for Scotiabank’s free cupcake day, then you are still a
rookie and need to sit back and let poppa K teach you a thing or two. But I digress; the bigger fish
that must be fried here is that nobody has realized that picking up girls in the library is not socially
unacceptable. I mean it is fool proof. Step1: walk up to SNAIL on mezzanine level. Step 2: ask her
out on date. Step 3: if she says yes, take number; if she says no proceed to step 4. Step 4: kick out of
mezzanine level (even if she says yes, best to kick her out – rules are rules). Steps 1-4 can be done
with pants on or off, your choice (highly suggested: pants off). Just think for your date I know a
good spot for some cheap lunch: Dr. What’s-his-name is giving speech on that thingy he likes and there is a free lunch for you both.
Booyah!
A: You know what Ms. Smarr T. Pants, I’m not really sure why you’re so angry. Law students have been taking food for free
at events for as long as this school has been around. In fact, Bartholomew T. Warnettstonington III (the first ever graduate from U of
C Law, class of 1500 B.C.) not only took mutton chops at events without attending, he was also the first person to wear a bag of gold
around his neck. The point is, school is hard. Life is hard. Put the two of those together without any cash, and it also becomes brutish
and short. Tell me, would you chastise a starving mother and her daughter if they took some food from our events? Or, alternatively,
are you implying that a group composed entirely of female animals won’t breed? What I’m simply saying is that life, uh... finds a way.
Life finds a way. No matter what argument you make, “lunch lifters” will still take that food. Here’s a thought: why not have someone
police the taking of food and attendance of events? Novel idea eh? Maybe it could even be your mom? She sounds feisty.

Q: How do I pick up a SNAIL in the library?

A: In order to bed one, you must first Wikipedia one. That is how I get all my best info on potential prey. According to Wiki-
pedia.com, all land snails are hermaphrodites, producing both spermatozoa and ova. So you’ll wanna watch out for that. The age of
sexual maturity is variable depending on species of snail, ranging from as little as 6 weeks to 5 years. And adverse environmental con-
ditions may delay the onset of sexual maturity in some snails. All in all, this really tells us nothing we didn’t already know.
K: Try yelling and berating them for not being in law school and yet feeling the need to sit on the mezzanine where it clearly
says they should not be sitting. Once your voice is hoarse from yelling, quietly question if they can read or not as you point to the sign.
Once they are on the verge of tears ask them out, in their battered state 9 times out of 10 they will say yes, or at least not call the cops
or hit you with a book. It’s that one time you need to look out for because getting hit with Advanced Physics Volume 7 more than once
sucks…trust me.

Q: How come every time I come to the Den, I get a male server instead of a hot female one? Don’t they know that’s the only
reason why I come here?
A: A good question from a real person.
K: Well aside from the fact that you are likely wearing a t-shirt that says “What the Frack” (BSG) and smell of desperation, the
only other reason I can see that they are giving you a male server and not a cute female is because you creep the female ones out. Here
is what you do, go in and sit down in a section you know is being served by a girl – this way you can prove to them you aren’t creepy.
When they are taking your order, ask them “what would you suggest?” and then when they suggest something say “that’s a stupid
suggestion, I’ll take the Inferno Chicken”. This shows you are an alpha male and like spicy food (Mooey Piquante). Then throughout
the night whenever she brings something over to you, make sure you bring up that you are in law school – that will make her think you
are rich and important (which you aren’t). Finally, at the end of the night ask to speak to her manager and then spend the next 10 to 15
minutes complaining of the service you just received in front of her. Boom! You are now a certified alpha male, and she will love you
for it. Just wait around till her shift is done, follow her to her car (for safety) and then sneak up behind her (girls love surprises!) and
ask her out. And that is how you prove to your ex girlfriend you’re not creepy.

Q: I can’t stand my significant other’s family. How am I going to survive the holidays with them?
K: Oh I feel you buddy. Last time I had to go home for the holidays with a significant other, it was a nightmare. Not only did
they not have a stocking for me or a variety of salted and sweet treats to eat, they didn’t even have egg nog for any of the dinners! They
were all like, “but we’re lactose intolerant”, and “Jimmy chooses to live as a vegan”. Well you know what lactard and little Jimmy? You
can shove it and give me some damn egg nog for my holidays! What are the holidays without the sweet (and thick) taste of egg nog
anyways? You know what the holidays are without egg nog? Communist holidays. Basically I will lay it out like this, if you go home
to a significant other’s house and they don’t have egg nog and it is past November 12th, then they are not a keeper. They are not that
special someone that Disney has made me believe exists. Turn around, walk out the door, go down to the local market and buy yourself
some egg nog because if there is anything I know it is that on the long cold lonely nights I am sure you will live through, egg nog will
always be there. Egg nog won’t leave you…ever!
A: In Soviet Russia, Christmas celebrates you.

15
 Sunday Monday Tuesday Wednesday Thursday Friday Saturday
29 30 1 2 3 4 5

Calgary Zoo ZZ Top plays Stuat Mclean Last Day of

Lights are on at the Saddle- performs at Classes!!!
to January dome the Jubilee
2nd

6 7 8 9 10 11 12
Theater Calgary Vist “Once upon The Flames play Chantal Kraviazuk
A Christmas Carol a Christmas” at Atlanta at the Sloan plays tonight performs at the
at the Max Bell Heritage Park Saddledome at The Gateway Jubilee
Theatre

13 14 15 16 17 18 19
“The Wizard USA vs. Can- Calgary plays
of Clauz” ada - Womens the Los Ange- Exams are The Flames
plays at the Hockey at the les Kings in over vs. the Nash-
Jubilee Saddledome Calgary ville Predators
at the Saddle-
dome
20 21 22 23 24 25 26
“The British Flames play the Christmas Chilliwack
Invasion” is St. Louis Blues in Day plays at the
playing Stage West Calgary
Dinne Theatrer Deerfoot
Casino