Supporting the Bahamas- the Effects of Hurricane Dorian in This Issue
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V o l u m e 1 2 - I s s u e N o 1 N o v e m b e r 2 0 1 9 SUPPORTING THE BAHAMAS- THE EFFECTS OF HURRICANE DORIAN IN THIS ISSUE The Margaret Forte Mooting Competition Experience 2019…Pg 5 Best Interests of the Child – 30 years after the Convention on the Rights of the Child…Pg 6 Living in a World Gone Plastic: Creating Legal Gonzalo Gaudenzi/AP Photo Rights for the By Floidira Collie: Student of the Eugene Dupuch Law School Environment…Pg 7 It has been approximately two months since The Bahamas is deeply moved by the Hurricane Dorian struck The Bahamas. outpouring of support and love that we Breaking Boundaries Hurricane Dorian was the most powerful have been receiving from our friends from all around the world following the with Knowledge Sharing tropical cyclone on record to affect The devastation caused by Hurricane Dorian. Bahamas, thus, making it theT wRoTrsRt nRatEurCalENT GRADUATES Through Judicial disaster in the country’s history. Hurricane We implore you all to continue to help Settlement Conference Dorian delivered a devastatinMg AbloKw ItNo Gthe WwAherVevEerS a nIdN w LheAneWver you can. If you Training…Pg 8 islands of Abaco and Grand Bahamas, with wish to donate, some of the various 185 mph winds and 20 feet of storm surges. organisations spearheading hurricane The devastation Dorian left behind was relief efforts are the New Providence Community Church, The Bahamas Red Reading for staggering, leaving the country’s second and Cross Society, The Salvation Army Pleasure...Pg 12 third largest cities uninhabitable. Natives Bahamas and World Kitchen. These groups were displaced, homes destroyed, have received generous amounts of landscapes damaged and loved ones lost donations and supplies to assist with food, Reader's Corner: A Book during this tragedy. A number of our very shelter and medicine and they are Review: Life by Keith own students at the Eugene Dupuch Law wholeheartedly committed to helping Richards...Pg 16 School are either natives or have relatives those in need. living in the affected islands, and, therefore, this devastation is personal to everyone. We Together we can make a difference. Handling Stress...Pg 17 fully stand behind them during this time. Forward. Upward. Onward. Together! The total economic collapse of these islands Interview with the has left thousands of Bahamians emotionally Honourable Mr. Justice and financially scarred. Persons will require Jefferson Cumberbatch, at least months, if not years, before those impacted by the storm can begin to feel a H J.A….Pg 30 WL sense of normalcy. S G AV EL P A G E 2 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L Editorial Committee Corner Credits THE GAVEL is the official newsletter of the Hugh Wooding Law School situated at Gordon Street, St. Augustine, Trinidad and Tobago. It is published three times a year by a joint committee of staff and students. Send all e-mails to: [email protected] Editorial Committee Staff Nisha Math ura-Allahar BACK L-R: Mr Michael Modeste; Mr Rico Yearwood; Mr Jason Nathu Timothy Singh. FRONT L-R: Ms Ayanna Norville; Ms Rudranath Maharaj Mickhela Alexander; Ms Giselle Diaz; Ms Rebekka Wooding; Mr Jason Nathu; Mrs Nisha Mathura-Allahar. Editor at Large Imran Khan ABSENT: Ms Jubilanté Cutting; Ms Francisa Campbell; Mr Kevin Lalla; Mr Alexander Gafoor; Ms Karissa Editors Dowalatsingh. Rico Yearwood Rebekka Wooding Special thanks to our Tutor Editors, Mr Roshan Ramcharitar and Ms Kerry-Ann Harrison, and also a Design, Layout and special thank you to Principal Miriam Samaru and Mrs Photography Francisca Campbell for their continued support. Timothy J. R. Singh Michael T. Modeste Jubilante Cutting Ayanna Norville Disclaimer Please be advised that the views expressed in the articles contained herein are Welcome to the Hugh Wooding Law School’s 2019- those of the individual 2020 academic year! While working hard and authors and not of the overcoming challenges, don’t forget to enjoy this Editorial Committee/Hugh Wooding Law School and/or experience and embrace the opportunities that this the Council of Legal year will bring! Education T h e G A V E L V o l u m e 1 2 - I s s u e N o 1 P A G E 3 TO MOOT OR NOT TO MOOT? BY AJAY MARAJ This question plagues law students every year. To most, mooting is a foreign concept, often met with fright, terror and, sometimes, even disgust, as the suggestion of additional work with an already packed law school schedule does not go over well for most students. It all comes down to the age-old question: is it worth it? In short form, yes it is. Mooting has been the most rewarding experience for me throughout year one of Hugh Wooding Law School. Before we get into the benefits, we must first answer the question, what is mooting? Blacks Law Dictionary defines mooting as ‘the exercise of arguing questions of became filled with research, debating per week, much like the mooting law or equity, raised for the purpose’. different points of law, and of course, process. While this definition may describe a many hours of reading. The five-month moot, it does not come close to giving period of competition was truly the Mooting allowed me to better manage the expectations required as I had effect to what actually occurs. Mooting most rewarding period of my first year already begun honing the necessary is challenging; there is no getting of law school. Although we were often skills to function within the firm. around that. However, it is a process. A plagued with what seemed like never moot is not simply an argument but, ending mountains of work, we To answer the question captioned at rather, a process to be undergone for persevered and also improved. The title, moot. Not only is it a rewarding the betterment of oneself. quality of our advocacy and our experience which allows for personal communication as a team gradually development and building of Within the legal profession and as a law increased throughout the competition. irreplaceable friendships and a sound student, there are certain skills which We became inseparable as a unit, able network, but it prepares one for the are unquestionably beneficial: to agree and, more importantly, realities of the working world, making advocacy, legal writing, time disagree with each other for the benefit it an all-round beneficial experience. management. Mooting allows an of the team. individual to refine these skills and many more through consistent The process of mooting required us to practice. be more effective in order to balance competing obligations. Following the In October 2018, my team (Jeron Paul competition, I was fortunate enough to and Vandana Ramadhar) and I set out to be accepted for my in-service training compete in the Hamel-Smith Appellate period at M. Hamel-Smith & Co., and Mooting Competition 2018/2019. For what followed was more of the same. I us, making the decision to compete was was required to work in teams, provide numerous legal opinions, drafts of legal not a question of if, but when. Soon, HW documents, and clarify nuanced points LS exams, assignments and classes were G of law, often having multiple deadlines A the least of our problems. Our days VE L P A G E 4 V o l u m e 1 2 - I s s u e N o 1 T h e G A V E L THE MARGARET FORTE REGIONAL INTER-SCHOOL MOOT COMPETITION EXPERIENCE BY DEANDRA FREDERICK Participating in the Margaret Forte Inter-School Moot Competition was certainly an enriching and invaluable experience. It all started when I wrote my name on the sign-up sheet. I had always shied away from mooting, so entering the competition took a significant amount of bravery, enthusiasm and confidence. Nonetheless, my love for criminal law and aspiration to challenge myself propelled me to ultimately step out of my comfort zone. When I reflect on the individual I was at the trial rounds of the competition compared to who I am now, I can definitely say that I have grown 100%. My teammates and I worked well as a unit. It was almost like we could read each other’s minds on the day of the competition, and I could not have asked for a better team. We are forever grateful to our coaches Mme. Justice Brown-Antoine, Ms. Renuka Rambhajan, Mr. Dylan Martin and Ms. Kavita Deochan. We could not have excelled without their guidance, dedication and valuable time spent in preparing us for the competition. The weeks leading up to the The Winning Team! From Left to Right: Martie Garnes; Jonathan Khan; competition were intense and our and Deandra Frederick. coaches ensured that no stone was It was a very exciting role to play and participate in mooting as the left unturned. We were prepared to called for an overall knowledge of the experience gained will be put to answer any possible objection case, creativity and keen attention to significant use during your legal arising, drilled on the rules of detail throughout the trial. As a team, career. evidence, court etiquette, cross- we not only became better equipped examination techniques and with advocacy skills but we also supplemental authorities. We were cultivated valuable life skills. One of ready to win. them that resonates with me is that, “you will never know what you are As instructing counsel, I was tasked capable of until you put yourself in a with the responsibility of being both position to do something you the eyes and ears of my two have never done before.” I would H teammates, Jonathan Khan and WL encourage all law students to S G Martie Garnes, who were advocates.