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MOOT TIMES

The Law
Student’s
Newspaper

VOL I NOVEMBER 2008 No. 3

Getting to ‘Come on already’!


A guide to the FMC Negotiation Competition
Joshua Thon (1L)
First, a confession: I cheated in the negotiation competition. A few days prior to the date I downloaded ‘Getting to Yes’,
a guide on principled negotiation put out by the Harvard Negotiation Project, onto my ipod. I would recommend it to
anybody interested in making a splash at the FMC Negotiation Competition, especially if you are afraid of being thrown
into the deep end in a sink or swim scenario, and of being torn apart by the sharks in the water ever-circling.
The Negotiation Competition is an annual event put on by the fine folks at Fraser Milner Casgrain. Their law
office was impressive, if not Kafkian in its twists and turns, with warm, seasonally pumpkin painted walls. Upon arrival,
the competitors were immediately ushered into a file room – the sort you can imagine being chained to one day when
articling – where we were briefed on the rules of the competition. An associate then swept us away in groups of four to a
boardroom table two trees in length, to hammer out a deal that the biased among us will forever remember as the Battle
of Bitter Betty.
After about an hour of negotiation dispatched over a spread of cashews and cool water, success turned on a ‘deal
or no deal’, deer in the headlights moment where each side was forced to quickly contemplate their gains and losses.
Hands were shook, smiles exchanged, and self-critique doled out to the
panel of judges, which evaluated us in ominous silence. The feedback In This Legal Issue
proffered could only take a backseat to the experience itself in providing
those who participated with a candid view of what real negotiation is like,
Murray Fraser Hall page 3
and how to engage in it successfully. Law Buzz page 8
What followed could be described as a feast of food and drink, en- Photographs page 10
joyed amid casual conversation with associates of FMC, their clients, and
our law school peers. In due time, the festivities were interrupted with an Political Aspirations page 12
announcement proclaiming 2L’s Maya Nathwani and Catherine Spafford Sporting Life page 15
as this year’s winners! First runners up were 1L’s Catherine Sinclair and
Jim Edgett, followed by 1L’s Joanne Luu and Joshua Thon. The legacy of
Work/Life Balance page 18
all the aforementioned surviving so long as the trophy does, as top three What the Scott Hall !? back cover
teams have their names etched in semi-precious metal at the base of a
rather attractive sculpture. In addition, first prize finishers headed to the University of Alberta this past weekend,
where they competed with FMC’s backing at the next stage of competition. We hope they had the best of luck!
Great thanks go out to Fraser Milner Casgrain for hosting this event. It went off without a hitch, which is
a testament to the due diligence that went into planning it. Special appreciation should also be extended to those
judges that invested their time and offered their expertise, we certainly benefitted from their observations. Finally, to
all our UofC negotiators, there was excellent effort abound. Keep refining your skills, they are sure to come in handy
next year.

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

Contributors
Andrew Kowalchuk Andrea Urquhart Kane Richards Jennifer Koshan
Talayeh Voosoghi Erin Farrell Khatera Haidery Adam Oppenheim
Joshua Thon Craig Alcock Geoff Boddy Kevin Madison
Jody Sutherland

Letter from the Editors:


Dear Faithful Readers,
We hope that you enjoy the 3rd edition of Moot Times. Each issue, we look to improve the quality of submissions, layout and over-
all impression. As we learn the ins and outs of the student newspaper business, we would like to thank everyone for their enthusi-
asm and patience.

This issue includes a focus on the ongoing War in Afghanistan from two of our very own students. Craig Alcock was deployed
to Kandahar twice before attending law school, while Khatera Haidery moved from Afghanistan to Pakistan in 1992 and did not
immigrate to Canada until the 10th grade. In a further international vein, Talayeh Voosoghi has eloquently outlined the mandate
and purpose of our newest student club: Canadian Lawyers Abroad. Closer to home, Professor Koshan provided our first faculty
submission. For those of you first years looking to ace Constitutional law the message is clear: hook up with Ablawg.

Finally, we have some witty individuals who are aspiring to be regular columnists, including Andrew Kowalchuk, Kane Richards
and Adam Oppenheim. In the absence of our favourites Jeff Wreschner and Steve Morris this month, we hope you enjoy these new
additions.

Thanks again to all of our contributors and, most importantly, to our sponsors who make this publication possible.

Orlagh O’Kelly, Vhari Storwick, Esther Kim and Fiana Bakshan

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

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Murray Fraser Hall
Law School News

Will I get credit for this?


University initiates co-curricular record

Geoff Boddy (3L)


I recently overheard a law student say “I only do things that I get credit for.” I thought to myself “wow, what a terrible
attitude.” If everyone thought this way there would be absolutely no volunteers for anything. It would mean an end for
organizations like Student Legal Assistance, Pro-Bono Students Canada, The Alberta Law Review, and the Calgary As-
sociation of Women and the Law to name but a few.
I know law school can be intimidating and the work load can be overwhelming, so I can understand why some
students focus their energy on things that they get credit for. But, please, do not be fooled. Just because you don’t get a
“credit” for something, doesn’t mean you’re not getting credit for it.
We’re all driven by different things. But while you’re here, I suggest that you get involved. It’s a sure way to
feel good about yourself, make great friendships, and develop some experiences that will look good on your resume and
provide you with skills that you’ll actuallly use when you’re out in the real world.
If you need more convincing, just go to any law firm website and check out a lawyer’s bio. Guaranteed the vast
majority of them will have some sort of community or charity involvement. “Yeah, so what?” you say. Well, successful
people get involved. That’s just the way it is.
Law firms recognize this too. Having some sort of school, community or charity involvement tells law firms that
you are interested in contributing and working towards something you believe in. Firms are looking for recruits that will
contribute to their success. It’s not just about billing as many hours as you can. It’s about developing relationships and
building trust. You’d be amazed by the sorts of networking you can build through volunteering. The city and the legal
community are actually pretty small. Sooner or later you realize that everyone knows someone that knows everyone else.
The University of Calgary and the Faculty of Law also recognize the worth of participating in extra-curricular
activities. If you look at the list of Faculty of Law Awards you will see a significant number of awards that are based
on community involvement. Now, the University of Calgary is also making a push to recognize students who become
involved. Starting in January of 2009, the UofC will be initiating a new program, called the co-curricular record, to recog-
nize extra-curricular involvement.
Basically, the university will be providing a transcript of each student’s involvement outside of the classroom. This will
give students an official record of their extra-curricular involvement. Coupled with a transcript and resume, it will give
employers a much better view of the students overall achievements.
The co-curricular record will only be for activities that are campus-connected and consist of a minimum yearly
contribution of 20 hours. Students will be able to access their record from the “myUofC” website and add in their submis-
sions themselves. If you want to get involved with activities outside of the university, I recommend that you go through
established university organizations. Each university organization will have a validation process to make sure that the
record is not being abused. That way, by September 2009, credit will be given where credit is due.
So, you where saying you only do things you get credit for? Well, now there are no more excuses.
More information:
Keep your eye out for the online database of extra-curricular activities found on your myUofC site. This should
be up and running by September ’09. In the mean time, check the Student Union or Faculty of Law websites for student
organizations you can become a part of or visit www.volunteercalgary.ab.ca for a database of over 450 organizations
looking for bright young law students like you.

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Dear K and A Everyone tells me I am a terrible dancer. What are some
ways to make myself better?
You ask, we answer, everyone wins K: Everyone feels this way at one time or another, and it’s
@ life. nothing to be ashamed of – unless you are in fact a terrible
dancer, and in that case just do everyone a favour and sit
I like someone in law school. How do I let them know? down because the pelvic thrust is not a viable and effective
dance move. You should stay at the bar, sipping your wine
K: Shall we out the curtain of secrets? We all know that and trying to pick up the servers.
“someone” you’re talking about is me. Now that that’s out
of the way, follow these steps and I am almost certainly all A: Without reading K’s answer first, I assume that our an-
yours. swers will tell the same story. A sure-fire way of improving
1. Compliment Me – Guys like compliments too. May I sug- your dancing is to get a move and milk that. After years of
gest, “Hey K, how is it that you are awesome all the time?” study, THE move has been discovered. The pelvic thrust is
2. Eye Contact – 5 minutes of silent, uninterrupted eye con- a viable move that has been tried and tested over the years.
tact will let me know you’re interested. At weddings, graduations, birthday parties, and even
3. Immobilize Me – I recommend a sneak attack, since my wakes, a perfectly executed pelvic thrust will simultane-
extremely quick reflexes make a frontal assault near impos- ously say “I can dance!” and “I am here to party!”
sible.
4. Finally, Once Immobilized, Ask Me Out To Dinner – I en- This girl in my class is SO self-conscious. She always gets
joy steak, lobster, or steak and lobster. Surf and turf? That’s uncomfortable when I stare at her, and hates it when I
right, all man. whisper dirty, dirty words in her ear. What gives?

A: First off, let me congratulate you on finding someone A: Dude, don’t beat yourself up about it. Everybody’s had
you like. I think that’s really great. The last time a girl liked this problem at least once before. Have you tried hitting on
me, Bubbles was still MJ’s BFF. Now I spend my week- her best friend? Girls are always saying how hot their other
ends taking pictures of myself in bed under the covers. My girlfriends are, so take them up on it for once. Just take her
last birthday, I signed up for a WoW account. I’ve never to Montana’s, then pop the question. But make sure she
even taken a girl out for dinner. I have the soundtrack for knows you’re not serious. That’ll teach both of them.
The Notebook on my iPod. This month I spent $240 on ice
cream and Playboys. Call me. K: Listen Jasmine, why did you instigate things on Thurs-
day night if you aren’t that kind of girl??
How do I know the person I am about to kick out of the
mezzanine is actually a SNAIL? What are some good ways to wind down after a week of
classes?
K: A wise man once said, “Just look for the calculator,
because last time I checked, the ratio of a case isn’t a math- K:3 words: naked yoga. Umm, I guess I need a third word
ematical equation.” Wise words from a wise man. don’t I? “Party” is a good word, but inappropriate here.
Let’s go with “funtime” (officially now a word). All you
A: To truly beat your enemy, you need to know them. I need is yourself, some yoga skills, and some time. Just
suggest going somewhere where it is clearly marked that make sure you do it in the privacy of your own home
you are not supposed to be, and spend some time there (blinds closed). Supposedly, drop-in yoga does not mean
until you get kicked out. Having experienced that, you clothing-optional, and people can see into first-floor bay
will then be able to sense the SNAIL... or just look for the windows that look out onto the street. My mistakes don’t
economics books. need to be yours.
A: Why don’t you try running home and locking
I didn’t meet anyone at the Law-Med Halloween Bash. yourself in your room and reading for 3 days straight
Am I always going to be single? because it turns out you can’t do anything right during the
week so you have to do everything on the weekend and ev-
K: A valid fear, but an unwarranted one. I think you just eryone’s like “where have you been?” and I’m like “I gotta
need to find the right avenue or person. Really put your- do work all the time” and they’re like “why do you smell
self out there. Try to not talk about your cats, or how you so bad?” and I’m like “I don’t have time to shower every
think Battlestar Gallactica is the best thing since the original day ‘cuz all I do is work.”
Battlestar Gallactica. Try and be yourself, as long as that
person is likeable. Submit your questions to answers_live_win@
live.com (seriously!)
A: Yes, you are. Next question.

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Canadian Lawyers Abroad
Starts Up!
Talayeh Voosoghi (3L)

The Faculty of Law welcomes its newest


club “Canadian Lawyers Abroad-Avocats
Canadiens a L’Etranger” (CLA-ACE). CLA
provides opportunities for the Canadian legal
community to become more actively involved
in understanding and providing solutions to
issues surrounding good governance, rule of
law and human rights. CLA has a student chapter in most Canadian law schools
and also provides internship opportunities for law students to work on projects in
developing countries around the world as well as in Canada. CLA executive will
also attend and speak at career fairs and conferences to encourage engagement in
international issues and to offer advice about pursuing a career relating to interna-
tional law. The University of Montreal also publishes an annual CLA-ACE journal
called ‘Perspectives Legales Internationale-International Legal Perspectives’. Law students from across the country
are encouraged to submit articles.
Our executive for this year include: Talayeh Voosoghi (President), Tijana Gavric (Vice-President), Janet
Shaikh (Communications Officer), Rupinder Shoker (Secretary), Lauren Ellis (Treasurer), Maya Nathwani (Events
Coordinator) and other members who will be helping with internship coordination and fundraising for the summer
internship program.
Every year CLA has a theme. This year’s theme is ‘Trade and Aid’. We will be holding various events
throughout the year including movie nights, seminars and talks on the above issues.
The first event took place on October 16-18th, 2008. CLA-ACE UofC president Talayeh Voosoghi and SLS
president, Bergis Mostaghim travelled to Ottawa, Canada to take part in the Annual Canadian Council on Interna-
tional Law Conference (CCIL). The conference consisted of a one day international legal job fair with employers such
as DFAIT (Department of Foreign Affairs and International Trade), UNAC (United Nations Association in Canada),
CANADEM, DOJ (Department of Justice) and two days of various seminars and panels on internatonal >> law
Seeissues.
page 6

Talayeh and Bergis hang out with the women from the Parsons Case

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Criminal Lawyer Profile: ever growing and the process is changing to better deliver

Jennifer Ruttan
justice. The Alberta Rules of Court had a major overhall
since I graduated, the Court House has changed venue and
process, and Parliament has amended numerous provi-
sions of the Criminal Code which
show a shift to more severe penalties and narrowing of the
scope of defences.

6. If you were not practicing law, what else would you be


doing for your career?
I always have glamourized the idea of sitting on a
tractor in an open field, but since I don’t have any family in
farming, that has never been a realistic alternative. I would
be
attracted to teaching at the university level, because it
would be
stimulating intellectually and I enjoy interacting with
people who are intested in learning.

Jennifer Ruttan is a graduate of U of C and a current part-


ner at Ruttan Bates Barristers and Solicitors. She was called
to the bar in 2002. Thank you to Erin Farrell for the inter- >> From page 5

Lawyers Abroad
view.

1. Current position?
Partner at Ruttan Bates Barristers and Solicitors

2. What do you most enjoy about your job? The conference was a great opportunity for those who are
Freedom to do the type of work that interests and interested in an international career to get acquainted with
stimulates me. the field and meet with Canadian lawyers and law students
with similar ambitions.
3. What do you least enjoy about your job? If you are interested in gaining international legal
The business aspect of being in a small partnership. work experience- find out more through the CLA-ACE
UofC student chapter. Every year CLA-ACE offers a num-
4. Do you find it difficult to find a work/life balance? ber of passionate and talented law students the opportunity
How do you achieve this as a busy lawyer? work to spend their summer working at NGOs overseas and in
life balance is a never ending struggle. However, if you can Canada on important and, in many cases, groundbreaking
find people both professionally and personally who are legal issues. This experience not only provides invaluable
able to support you, it makes it a much easier task. Some- assistance to our partner NGOs, but allows a number of
times this involves learning to trust others and to delegate, young Canadians to improve their legal skills and to par-
neither of which I am particularly good at. With having a ticipate in an inspiring and often life-altering experience.
young girl, however, there is great motivation to rely on These students return to Canada with a new and enriched
others in order to make sure I don’t miss out on what is perspective to share with others and build upon in their
truly important in life. careers. If you are interested you will have to sign up to be
a member of the CLA-ACE UofC student chapter. Lists of
4. What advice would you give to law students about to internships will be available in mid-December and applica-
enter the industry? tions will be due in early January.
Try always to do your best and resort to advise of Although there is no official funding for the sum-
mentors as much as possible. It is my opinion that the best mer internships, CLA student chapters have so far been
lawyer is an ethical lawyer which means you take your very successful with fundraising events that have covered
oath seriously, you take your responsibility to your clients all the costs of the intern’s summer abroad.
seriously and you take your responsibilities to the court For more information contact: Talayeh at
and collegues seriously. tvoosogh@ucalgary.ca.

5. Have there been any significant changes in the indus-


try since you graduated law school?
This is difficult to answer, because the law is for- 6

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Law Buzz
What’s

all the Fuss About ABlawg?
Jennifer Koshan (Faculty)

Trying to understand some obscure point of property law? Wondering what your professors do when they are not teach-
ing? Looking to add your insights to the analysis of Alberta law? The Faculty’s blog, www.ABlawg.ca, is worth checking
out for these reasons and more.
The Faculty launched ABlawg in February 2008 as a way of providing publicly accessible commentary on Alberta
court and tribunal decisions and legislative and policy developments. The blog was the brainchild of Jonnette Watson
Hamilton, and as Associate Dean (Research), I have had overall responsibility for the development and administration
of ABlawg. A number of students have also assisted us with this project: Brian Milne (LLB 2008), Christina Smith (LLM
expected 2009) and Amy Cooper (LLB expected 2009) have provided technical and creative support, case summaries, and
moderation of comments on ABlawg. Financial support from the Alberta Law Foundation has allowed us to pay these
students for their work.
ABlawg has over 15 active bloggers, including faculty members, sessional instructors, and research associates at
our affiliated institutes. Commentary has been posted in relation to over 100 cases and legislative / policy developments
in Alberta, covering almost 30 different areas of law. You may discover that fact scenarios from previous exams are very
similar to the facts of cases being discussed on ABlawg – see for example my post on the “loudspeaker preacher” case at
http://ablawg.ca/wpcontent/uploads/2008/05/jk_pawlowski_may9_2008.pdf.
As they say, truth is often stranger than fiction -- did you really think we made exam facts up?
Our readership is local, national and international, and includes members of the general public, lawyers, judges,
academics, and, we hope, students. Readers of ABlawg are welcome to respond to our posts on-line at www.ABlawg.
ca. For those of you who would like to carry on conversations about legal developments with your profs outside of class,
I invite you to do so on ABlawg. And if you are interested in participating in ABlawg, we will be hiring a new student
blogmaster when Amy graduates next spring, so watch for the job posting.

Winners Win!!!
The past several month has seen many winners at the factuly of law. We would like to congratulate the winners
of the 2008 Chief Justice William McGillivray Moot. In the final round, Becky Bell (2L) and transfer student Carol Cros-
son beat out Becky’s roomate Jeff Wreschner (2L) and Dan Wilson (2L). The top oralists were J. Alexander Dutton,
Carol Crosson, Kevin Madison, Rob Moyse, Daniel Wilson, Jeff Wreschener and Bret Turnquist. Best wishes to all of
you in this year’s upcoming Moots!
More recently, the SLA Trial Competition went underway. In typical fashion, first years collected the top prize.
1. Adam Zelmar and Sangeeta Patel
2. Chad Conrad and Derek Jugnauth
3. Sonya Bertrand and Brett Turnquist
The Environmental Law Society, a group of University of Calgary Faculty of Law students, was instrumental in
gaining the support of Shell Canada for a recent trip to the oil sands. This is the first time in Shell’s history that they’ve
footed a bill to send a university group to one of their project sites in Northern Alberta. Twenty-five members of the
University of Calgary Environmental Law Society, two graduate students specializing in energy and environmental law,
and two professors from the Faculty of Law, boarded a chartered flight from the Shell Aerospace Centre in Calgary and
headed north to the Muskeg River Mine on Wednesday, October 8. Photos coming soon!
2008 Chief Justice William McGillivray Moot Shield wrapped-up on Thursday, Oct. 9, in the Moot Court
(MFH3370). On the appellant side was Daniel Wilson and Jeff Wreschner, and on the respondent side was Becky Bell
and Carol Crosson. On the Bench was The Hon. D. Blair Mason, Court of Queen’s Bench of Alberta, Douglas A. McGil-
livray, Q.C., with Burnet, Duckworth & Palmer LLP, and Sandra Hildebrand, with Hildebrand Wilde. Becky Bell and
Carol Crosson came in first place, and the top oralists were J. Alexander Dutton, Carol Crosson, Kevin Madison, Rob
Moyse, Daniel Wilson, Jeff Wreschner, and Brett Turnquist. Special thanks to the moot organizer, Michael Waite, assisted
by Melissa Rico, both of Stones Carbert Waite LLP. A big thanks also goes to Macleod & Company LLP, which sponsored
the reception following the final round of the McGillivray Moot Shield.

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Law/Med Halloween Party 2008

10
FMC
Negotiation
Competition
2008

11
Political Aspirations

A Veteran’s View
Craig Alcock (2L)

People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
--George Orwell—

On September 11th 2001 I was in my fifth year of service in the Princess Patricia’s Canadian Light Infantry based in Win-
nipeg. In the aftermath of the terrorist attacks that day, our government resolved to deploy an Infantry Battle Group to Afghanistan as
a part of an Air Assault contingent committed by the American 101st Airborne Division. After a few months of intensive preparations
and training we arrived by night at Kandahar Airfield in March of 2002 to begin a five month tour of duty.
In 2002, during the infant stages of a mission that would become known as Operation Enduring Freedom, the focus was on
rooting out the last remnants of Taliban forces through “sanctuary busting”, a labour intensive task that involved clearing cave com-
plexes located in mountain strongholds. The big prize at that time was Osama Bin Laden and other high level Al Qaeda operatives. In
hindsight, it is easy to see that the infant stage of Operation Enduring Freedom was an exercise in vengeance. A war machine exercise
deployed to the region, performed with momentous vigour.
When I was deployed for a second tour of duty in Kandahar Province in January 2006, the mission had matured. The overall
enemy situation, and our approach to it, had changed significantly. The Taliban had rebounded and developed new tactics in a vain
attempt to compete with a numerically and technologically superior enemy, and we recognised the urgent need to erode their popular
base of support. In countering the evolving threat situation, Coalition Forces in Afghanistan have adopted, and continue to use, the 3D
approach – Defence, Diplomacy and Development.
The development approach is aimed at repairing the infrastructure that was destroyed in the 1980’s during the Soviet
scorched earth campaign against the Mujahedeen. It is of critical importance to the population to have irrigation for their crops, clean
drinking water, sewers in the cities, schools for their children, electric generating capacity, and communications networks. This role
is fulfilled by non-government organizations and military Provincial Reconstruction Teams (PRTs) that are robust enough to fulfill

12
their reconstruction and humanitarian aid mandates while concurrently providing vital security. The intent of this measure is to set the
conditions for the shattered Afghan economy to re-emerge and become self sustaining.
Diplomacy involves mentoring all levels of the Afghan government in effective government administration so that they can
effectively govern their territory by successfully managing their infrastructure, identifying areas of need, and creating and implement-
ing programs to address those needs. Diplomat Glynn Berry died in Afghanistan while performing this role. Diplomacy in this context
is NOT about superimposing our style of democracy onto a culture that already has its own version of the democratic process.
The defence component is affected by the RCMP and Corrections Canada through training and mentoring the formerly cor-
rupt and ineffectual Afghan National Police with a view to standing up a professionally trained and competent police force. Elements
of the Canadian Army are charged with much the same task in relation to the Afghan National Army. While a great measure of success
has been realised through these training initiatives, neither organization is yet ready to assume total responsibility for Afghan defence
and security. It takes time to transform a ragtag organisation into a professional force capable of planning, mounting, and conducting
its own operations.
Our current force in Afghanistan is built around an Infantry Battalion. A full
suite of supporting assets are attached to the battalion to make up the Battle Group.
This includes reconnaissance, artillery, combat engineers, tanks, and administrative
support. Combat air support is made available from coalition held assets.
The role of the troops on the ground is to disrupt the enemy. This is done by
physically dominating select areas of Kandahar Province, and involves relatively be-
nign activities such as patrolling on foot to interact with the local population to more
direct actions aimed squarely at destroying Taliban forces. To increase its effective-
ness in the field, the infantry remains deployed in its area of operations, outside the
main base, for weeks at a time rather than at the Tim Hortons on the main coalition
base. Nice idea, but the fighting troops rarely see it.
It isn’t every day, or even every week, that a gun fight erupts, and it only
takes one gun fight to realise that you can happily live out the rest of your life without
another one. When the inevitable gun fight does erupt, the fight is prosecuted within
the limitations prescribed by the Law of Armed Conflict, the Geneva Conventions,
and mission specific Rules of Engagement. More on that next time.
Today, with the resurgence of Taliban forces, it remains necessary for Canada
to maintain a potent combat force in Kandahar Province in addition to the training and
mentoring teams. To date, 96 Soldiers have died in Afghanistan. Abandoning the mis-
sion before Afghans are ready to assume responsibility for defence and security would
make their sacrifice worth nothing.

An Émigré’s perspective That pivotal moment in my life took place in the


summer of 1992 in Kabul, Afghanistan. The crashing sound of
Khatera Haidery (3L) missiles broke the silence of the dining table. All seven of us
immediately ran down to the basement. I remember my younger
brother and sister were crying. My parents were giving them false
hope, as they had been giving to all of us, “it is going to be ok,
we are safe now, and nothing is going to happen.” At the time, I
could not understand why they would lie to their children. Now I
understand there was nothing they could do about it except make
us believe everything was going to be alright.
Like millions of other Afghans, my parents were unsure
of the country’s future. They wanted to believe that, eventually,
A day that I would never forget…... life would be bright and peaceful. However there was no guar-
I remember the day when I was only 8 years old, hold- antee as to when or how people’s lives were going to change. In
ing my mother and praying to God to help us. That event was the Kabul, at that time, there was nothing but chaos. There were no
first time in my life….that death had crossed my mind. Ever since laws to be followed; people were killed or jailed because of their
I could remember, my parents made me believe that our basement ethnic backgrounds. Women had no rights; they were not allowed
was the safest place in the house and if we went downstairs noth- to go to work or to school. Even when they left their houses, they
ing could happen to us. had to be covered head to toe. Life was unbearable…and here we
However, at eight years old I had come to know that it was not are sixteen years later…not much has changed…. People still live
true, and that our house could not protect us from anything but
with the same uncertainty in their lives!
the weather.

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A Canadian dream
“I want to see thousands of Canadian Obamas.”
-Dr. Rinaldo Walcott, Canada Research Chair, Social Justice and Cultural Studies at the Uni-
versity of Toronto

Following a Democrat’s perfect storm, Barack Hussein Obama delivered a resounding presidential win on November 4,
2008, redefining a generation and reinvigorating a nation haggard by a protracted war, human rights abuses, social prob-
lems and economic depression.
“If there is anyone out there who still questions the power of our democracy, tonight is your answer,” Obama said upon
accepting victory.

Amidst the euphoria, however, Canadian pundits narcissistically turn their attention to the next questions. What’s in it for
us? How do we get ourselves an Obama or, more superficially, an Obama who speaks French, supports equalization pay-
ments (but not too much) and would be willing to skinny dip on the Rick Mercer Show. No tall order.

Recent Canadian history suggests that Canadian politics echoes the ebb and flow of American politics. Take for instance
the 1980s conservative movement where Brian Mulroney came into power 3 years after Ronald Reagan. Remember that
on October 14th, 2008, Stephen Harper, a man who would likely have more affinity to George W. Bush than Mr. Obama,
won another mandate.

If history shows anything, Canadians will have ‘their’ Obama, if they did not already have their Citizen of the World in
Pierre Elliott Trudeau, a man whose equidistant world view during the Cold War shares some parallels with Obama’s
conciliatory philosophy during the War on Terror.

But a Can-Obama is still a couple years away and he or she, no matter how benevolent or inspiring, will not have the
same impact on international affairs. Which brings us to the question- what does Obama mean for a Conservative Canada
in general and an oil rich Alberta in particular.

Already, military circles are praising the election of Obama. The president elect has raised expectations about a renewed
American focus on the war in Afghanistan, which The New York Times calls “one of necessity,” suggesting troop surges
in the tens of thousands. A renewed emphasis by Obama will also be more palatable to Canadian voters, who are more
inclined to favour Democrat presidents.

However, even if our hearts are with Obama (66 per cent of Canadians according to a Gallup poll), our pocketbooks
might disagree. Obama has retracted his NAFTA gaffe, but fears of protectionism- although only speculative- are felt
around the world.

Although an exclusive Ivrnet/Metro News poll found that 79 per cent of Calgarians would cast their vote in favour of the
Democrat, it is uncertain whether these respondents were aware of Obama’s desire to break America’s addiction to “dirty,
dwindling, and dangerously expensive” oil. Some observers have suggested that despite America’s reliance on Alberta’s
massive oil sands project, a worst case scenario could possibly see Americans explore alternative sources. That said, the
doors are opening for more environmental cooperation between the Harper and Obama governments.

So, will Canadians make it through an Obama presidency? Of course we will, if only because of the basic calculation that
we need them and they need us. The closeness of this relationship was best articulated by diplomat, John Holmes, who
stated that as Canadians we have the privilege “to tell our best friends when their breath is bad,” or, in this case, fresh.
Yes we can!

14
The Sporting Life
New Meaning to Balance: Who Said Law Students
Can’t be Hot Jocks?
Orlagh O’Kelly (2L)

The obsession with work-life balance has trickled down from the big firms into law schools across Canada. The firms likely believe
the opposite. The obsession spread the other way, like a grassroots movement of our privileged generation who use “balance” in order
to evade real work; who use balance to call for 70 hour work weeks instead of 90 hours; who use balance to suggest that, maybe, ma-
ternity and paternity leaves are a good idea. Whatever its source, it is official.
The Ontario Bar Association recently responded to a Law Society report with its own submission, which concluded: “Many young
lawyers, both men and women, find that the culture in law firms is not conducive to a balanced, humane life. Young lawyers want
more balance in their lives. They are not willing to sacrifice all other aspects of life - family, volunteer activities, community involve-
ment, physical and mental health - for work.”
On the Calgary campus, there are two points to be made about the work-life balance doctrine. First, the phrase is now of-
ficially trite; it is used in our very own publication, more than 5 times this issue. Second, the Calgary student body has given new
meaning to “balance” with the vigour by which they attack the gym and its jocular surroundings.
Take for instance that at any given time between 11am and 2pm, if you are a Baron’s Court rat (read: the place with the smil-
ing staff and the infamous breakfast bagels), you will see half your class walk by sweating, red-faced and- get this- smiling about it.
There are even organized sports to participate in: a Thursday lunch hour basketball match, an avid running brigade that takes
on local oad races, the tag-team duo going in to get huge or the world-travelled hikers trying to maintain fitness. However you like to
stay fit, you’ll find a counterpart at U of C.
That’s all to say that next time you walk through the arteries of the athletic facilities, remember: you might not get credit for
your “balance,” but, damnit, it will look good in the “interests” section of your mildly contrived resume.
All sarcasm aside, that’s something to be proud of.

Hockey Pool updates presented by BD&P

Hockey Pool updates presented by BD&P

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

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

15
Student Profile:
Brittannee Laverdure Wrestles the Law
Orlagh O’Kelly (2L)

Considering Brittannee Laverdure’s warm smile, calm demeanour and petite stature, it is hard to believe that she is rid-
ing a fifth place finish at the 2008 world wrestling championships, that she is taking a quick break after Constitutional
law class and that she is thinking about the dreaded first year drafting assignment.

“Not wanting to do it, but still doing it,” Laverdure said jokingly about the parallels between her life as an elite athlete
and as a law student. “But sport taught me discipline, how to work towards a goal, staying focused waking up at 6AM.
It’s like a job.”

If that’s true, Laverdure is juggling two full time jobs, as an athlete and a law student, with 12 practices a week and 6
and half courses a semester.

As a wrestler, her accomplishments are not insignificant. Atop her list was helping Carol Hunyh to a convincing Olym-
pic Gold medal performance against an opponent she had never beaten. Putting her own Olympic dream on the back
burner, Laverdure was Hunyh’s training partner and friend in the months leading up to Beijing.

“(Hunyh’s) performance made it an amazing trip. I was chosen as the alternate because they want you to stay interest-
ed,” Laverdure said of her experience this past summer.

Laverdure’s pursuits have granted her the opportunity to travel to Azerbaijan and most recently to the Senior Female
Wrestling World Championships in Toyko, where she took on the double Olympic gold medalist. Now her sights are
on London 2012.

“So long as my body sticks it


out,” the 26 year old laughs.
“I am going to take it year by
year. This is a new quadren-
nial. This is an ‘off’ year but
it’s not that (the Olympics) are
out of reach.”

This persistence carries over in


Laverdure’s approach to her
studies and life. Growing up
just off of Alaska Highway I, in
the Yukon community of Wat-
son Lake, Laverdure knows
the trials of life in a small
town wrestling with substance
abuse, limited access to justice
and the residential schools
legacy.

This reality gives Laverdure


the drive to give back to her
community. She has held
sports camps for youngsters
back home and in Nunuvat, so
a law degree is a further means
to this end.

“I want to work in my com-


munity in the Yukon and give
back. It’s about building capacity in my community,” Laverdure said, “I love learning about Aboriginal law, environ-
mental law and regulatory law, but we need the knowledge in tax and business law to develop our community.”

With such a tenacious spirit, there is no doubt Laverdure will master this knowledge and have much to give back to
sport, to Watson Lake and to those around her.

17
Work/Life Balance
1234! Law Stu- the show, she still had us all captivated. If
the clapping didn’t get you into it, and you
away with it we would hide beer in the top
basin of the toilet in my parent’s base-
ment, an idea we stole from Homer J (Jay)
dents Feel It All weren’t much for singing, I don’t think
there was a single person who kept their
Simpson. First we poured in two trays of
Jody Sutherland (2L) and Andrea cell phones dimmed for her best song of ice cubes, added a six-pack of Kokanee
Urquhart (2L) (we were light weights) and just a pinch
the night!
From what I have heard, there were of teenage delinquency. Then we would
several U of C law students representing drink said beers and instantly turn into
at the October 18th Feist show. If you
were thinking like me before the show,
Pop Culture Dis- loathsome and insufferable adolescents.
Now I was never busted red-handed.
you might have been a little disappointed
to be heading to the Saddledome rather Correspondent Instead, my pops flushed the toilet one day
and the bowl refilled with ice. He lifted
than the Jubilee to see Feist. However, as Adam Oppenheim (1L) up the top and found a rogue beer kickin’
inappropriate as this setting might seem it with the lever and ball. So, since my
for a performer like her, to say she “pulled record is coloured with shenanigans, why
it off” would be an understatement. did I decide jr. highers are so very odious
In all the shows I have been to, (thank you shift F7).
I’ve never seen an artist make use of an Is it because at lunch hour they
arena in such a simple, yet artistically clog the line at Thai Thai? Is it because
impressive way. Her introduction: a small they still idolize Lindsay Lohan despite all
light emanating from a lantern carried on the obvious reasons not to? Is it because
stage, which grew brighter to illuminate they remember Michael Jackson for his
Feist’s silhouette as she hid behind a small ills while the rest of us remember him for
screen. his thrills? Is it because they rock the soul
The first performance was a showcase to Jr. High kids make me think of hiding patch ‘cause the rest of their beard hasn’t
the audience of her incredibly powerful beer in the toilet. For reasons not yet clear grown in? Or is it because they propelled
voice, with a song of little to no words. to me I have had fairly regular, mildly girlicious to the top of the charts (for real?
The 2 hour set list included every favou- inconveniencing, slightly offending, are you kidding me?)? Maybe it’s because
rite, but in a modified version. Feist seems mid-day standoffs with unaware Jr. High they think they’re better than me.
to be a master of the re-mix, as anyone fa- kids. What makes it worse is that I am Yet as I slowly but surely grow
miliar with Mushaboom would know, and totally cognizant of these confrontations, a “kids are trouble, let me wag my fist at
she did not disappoint in her live show. and they, secure in their pack mentality, them” gland in my brain, I am painfully
She also has a tendency towards collabora- have no conscious notion that we are now reminded that I too am inconveniencing to
tion (see “Open Season”) and her perfor- caught up in an antagonistic relationship. adults who can no longer demographically
mance was no exception, although it might You see not too long ago I was refer to themselves as “Hip” or “a young
not be what you would expect. While offered tickets to Feist’s concert at the adult” or “able to fit into se7en jeans
her albums have allowed Feist to work Saddledome (free is free right?). Situated without an elastic waist”. A couple weeks
with various well known artists, her show right behind my seats, in their parents’ ago I received maybe the best chastising
provided a forum to work with artists of a luxury box, was a group of jr. high kids. of my twenties when I cut the line at the
different kind. Now these particular teens (tweens?) were Tim Horton’s in the basement of MFH. A
Each song was paired with images of vari- decked out in either 1) asexual American short, 40 something lady, informed me in
ous shapes and colors projected on a large apparel clothing and headgear; or 2) the many, many words that I am a ___insert
screen behind the stage (think elementary Lauren Conrad Collection (particularly expletive_____. Her insightful tongue
school projection here). These images distasteful as it looks tacky) and b) I’m lashin’ let me know that I still act like a
were precisely, yet spontaneously orches- on Team Audrina). And these kids yam- kid. She was so effective that I didn’t
trated to tell a story created by three artists mered off for the entire show. Poor Leslie even buy my green tea (another sign that I
who I can only assume are part of Feist’s Feist was trying to create an atmosphere am not an adult, as I still submit to holistic
artsy circle of friends. If the projection of intimacy in the city’s largest hockey health crazes). Maybe I have more in
was turned off, a camera provided the au- rink, and the Jr. Highers would just not common with those skinny jeaned, floppy
dience with a black and white close up of allow her the chance to draw me in. And I toqued, adolescent s*** disturbers than I
what was going on on stage: the inside of scowled… and they talked more. And I’m care to admit.
the piano, the guy playing the guitar, the pretty sure they were boozing… And so in my new found recon-
“Hi Mom” Feist had written on the bottom When I was in grade 8 me and ciliation, it’s safe to say that the kids are
of her shoes. my boys decided that underage drinking all right…
While most people remained seated during was a good idea (which it’s not). So to get
18
NO SNAILS ALLOWED
THIS IS A SNAIL FREE ZONE
PLEASE RETURN TO YOUR OWN FACULTY

SNAILS – STUDENTS NOT ACTUALLY IN LAW SCHOOL


19
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
6 7 8
Pick up the 3rd Dinos Swim team Banff Mountain
Issue of Moot takes on the West. Film Festival
Times! 4pm at Aquatic and Book
Centre Festival on
through
November 9
9 10 11 12 13 14 15
CBC Ideas airs the W.A. Howard Lecture Check out ongoing
Dino Law Student Remembrance “Legal and Judicial
first of 4 part series Art Gallery of
Lindsy McNicoll based on Margaret
Day; Systems: Levers for
Calgary exhibit
Sex and The City
makes us proud University Democratic Reform?” Festival, see www.
Atwood’s timely with lecturer Alison
Portrait by George
at the CIS Payback lectures on Closed. Redford, Alberta Webber, Cowboy outofourheads.ca
Cross Country Debt. Attorney General, Wild until January 9
12:15pm in MFH2370

16 17 18 19 20 21 22
Calgary Youth Or- Public Interest and University The lesser leagues: Dance
On this day in 1913 Non-Firm Careers
chestra and Edmon- Event: The Calgary Canucks Montage
The Panama Canal for Law Graduates
ton Youth Orchestra Impact of take on the Royals showing at the
opened information session
concert- pay as you
for 1st and 2nd year Research on University.
will at the Eric Harvie students at 12pm Society
Theatre

23 24 25 26 27 28 29
Lecture on Buddhism It’s never too early Human Rights Beverley Panel on a Broadway Freaking about
in the City at the Engi- for Kenny Rogers Day > from McLachlin, will Rights-based production exams? check out:
neer Air Theatre Christmas hits at 12pm. Professor be giving a talk Approach Hairspray Calgary Haunted
www.diamondway. Mahoney from 4:30 to 5:30,
the Saddledome. to Water comes to Pub Tour 403-771-
org/calgary addresses the in MFH 2370,
timely topic of followed by a
management in Calgary! 5303
Hate Speech. wine and cheese! Alberta?

30 December 1 Decemeber 2 December 3 December 4 December 5 December 8

.
Last day of Exams start
class

Start Studying!