Robson Hall Clinical Experience Information 2020-2021

Table of Contents Clinical Experience Opportunities for Law Students ...... 2 Mini Moot ...... 3 Competitive Moot Program...... 3

Fox – Intellectual Property Davies – Corporate/Securities Gale – Criminal/Constitutional Bowman – Tax Laskin – Constitutional/Administrative Bastarche – En Français Advocacy Trials ...... 7

Negotiations Competitions ...... 8

Tryouts and Selection Process ...... 9 National Negotiation Competition ...... 9

Selection Process ...... 10

Clinical Experience Opportunities for Law Students Practical advocacy opportunities are an amazing way for law students to gain valuable clinical experience that is not otherwise available in the typical theoretical law school classroom environment. This type of learning often requires the help of practitioners, the judiciary, and the faculty, and can create great networking opportunities for students.

While some of the opportunities are purely extracurricular and some can be taken as credits, it must be noted that clinical experiences can require a lot of work and can take up a lot of time. Therefore students should be mindful of their courseload and other additions to their general workload before mooting or otherwise competing.

The Clinical Experience Committee (CEC) facilitates practical learning opportunities for law students and coordinates with the faculty and Moot Committee to promote competitive moots and negotiations. The following programs are available for Robson Hall students and will be explained in detail below:

Mini Moot Advocacy Trials Moot Program Negotiations Competitions

Please note that while students can participate in two (or more) of these experiences, students are only allowed to get credit for one of the external moots/competitions. However, some students in the past have sought a waiver of this rule from the Academic Affairs Committee and received credit hours from both (ex. participating in the a negotiation and a moot).

If you have any questions about these opportunities, you can contact the CEC (Amber Harms, Chair: [email protected]), or refer to the specific program contacts included below.

*** COVID-19 PANDEMIC *** Under normal circumstances, all of these opportunities would be held in-person and the moots would be held in various locations across Canada. Due to the COVID-19 pandemic and the high risk associated with travel, students will not be permitted to travel for school-related activities for the 2020-2021 year. As a result, many of these clinical experiences will be available in an online virtual format and some of these opportunities may not be available for the 2020-2021 school year. Any Winnipeg events that aim to be held in person in 2021 will remain subject to change given the circumstances at the time.

Mini Moot The Mini Moot is an annual event hosted by the Clinical Experience Committee that is open to all Robson Hall Faculty of Law students and Masters of Human Rights students. It is the only opportunity available to first year students to practice researching/preparing arguments and advocating orally.

There are no try-outs and the Mini Moot is not for credit. Students sign up in pairs and prepare to argue one side of an appellate Supreme Court of Canada decision. Each team argues for 15 minutes, inclusive of interrupting questions from the panel of Winnipeg lawyers that act as judges. Teams are scored and provided with feedback on their argument and oral advocacy skills. The highest scoring team from each side will advance to the final round to argue their case once more for the winning title.

Topic: Human Rights and Constitutional Law Date of Mini Moot: late January/early February (two days) Date of Sign-Up: December

Mini Moot Contact Information: Amber Harms: [email protected] Competitive Moot Program Mooting is a simulated trial argument of a fictional or previously decided court case argued in front of real judges and practitioners. Mooting is a great way to sharpen your practical skills through written facta, oral argument, and public speaking. Each team will be guided by a team of two or more coaches that will give instructions, lead practices, and attend the competition with the students.

Typically, most moot competitions require out-of-province travel to Ontario, Quebec, and/or British Columbia. Robson Hall funds the cost of travel and food for participants. Mooting can also be a great opportunity to network with legal professionals who practice throughout Canada. Many moots recognize and award excellent factums, oralists, and overall performance.

Each Moot is worth 3 credit hours in the term that the competition occurs (winter semester). Students can participate as oral presenters or researchers to receive credit. There are typically two or four oral presenters and one researcher per moot team.

Researchers are chosen by the moot coaches to assist the oral presenters with finding relevant case law on the topic(s) of the moot, preparing brief legal memos, and drafting and editing facta. Their role is to be a resource that works proactively in collaboration with the mooters to prepare and practice for the competition. Researchers typically also travel and attend the competition with the oral advocates and coaches.

There are two bilingual moots: the Laskin requires one English oral presenter and one French presenter, and the Bastarche is an entirely French moot. If you are selected for a moot on a specific area of law, you might want to take the relevant course(s) on that subject matter in the fall semester (ex. take Tax for the Bowman).

Moot Committee Contact Information: David Ireland: [email protected] Darcy MacPherson: [email protected] Gerald Heckman (French Moots): [email protected] Tryouts and Selection Process Date of Tryouts for Oral Presenters: September 24-25, 2020 (via Zoom) Only second and third year law students can participate in a moot. While there is no GPA requirement in order to participate in a moot, those that tryout will need to grant the Moot Selection Committee access to view their transcripts and grades. If you wish to participate in a bilingual moot such as the Laskin or the Bastarche, you may need to be comfortable communicating in both French and English.

The Tryout Process Sign up in late August/early September. Rank the available moots that you would like to tryout for in order of preference (there is only one tryout for all of these competitive moots). The case to be presented in the tryout will be released at least a week prior, and students can choose either side to argue for 6 minutes in front of the Moot Selection Committee, who will interrupt with questions, and provide feedback after the tryout. If you are not selected as an oral presenter, you will be able to participate in the capacity of a researcher. The call for researchers will be released shortly after oral presenters are announced. To apply as a researcher, a writing sample must be provided. Competitive Moots Available Fox – Intellectual Property The Harold G. Fox Moot alternates between the topics of trademarks, patents, and copyright. The team consists of two respondents and two appellants, and a researcher. Each side will be required to prepare a factum.

Date of Competition: late February Date Fact Pattern Released: early October Location of Competition: Toronto

Website: https://ipmootcanada.ca/

Davies – Corporate/Securities *** Due to COVID-19, the Davies Moot has been cancelled for the 2020-2021 year *** The Davies Moot alternates between the topics of corporate law and securities law every year. It is typically a trial decision and appellate decision, with pre-determined issues. The team consists of two respondents and two appellants, and a researcher. Each side will be required to prepare a factum.

Date of Competition: early March Date Fact Pattern Released: mid January Location of Competition: Toronto

Website: https://www.dwpv.com/en/Resources/News/Announcements/2017/Davies-Annual- Corporate-Securities-Law-Moot

Gale – Criminal/Constitutional The Gale Cup Moot involves a previously decided Supreme Court of Canada decision on the topics of criminal and/or constitutional law The team consists of two respondents and two appellants, and each side will be required to prepare a factum. There is not usually a student researcher for this moot.

Date of Competition: mid February Date Fact Pattern Released: October/November Location of Competition: Toronto

Website: https://www.galecupmoot.com/en/home

Bowman – Tax The Donald GH Bowman National Tax Moot is Canadas first competitive moot on taxation, named after the Honourable Donald G.H. Bowman, the former Chief Justice of the Tax Court of Canada. The team consists of two respondents and two appellants, and a researcher. Each side will be required to prepare a factum.

Note: this can also be a bilingual competition, as students are allowed to plead and prepare their written arguments in the official language of their choice. Interpreters are provided.

Date of Competition: late February Date Fact Pattern Released: early November Location of Competition: Toronto

Website: http://www.bowmantaxmoot.com/

Laskin – Constitutional/Administrative The Laskin is a bilingual moot court competition on the topics of Canadian administrative and constitutional law, held in memory of the late Chief Justice Bora Laskin. The moot problem usually involves a previously decided Supreme Court of Canada decision that participants appeal to a mock higher court. The team consists of two respondents and two appellants, and a researcher. Each side will be required to prepare a factum. At least one of the four students must argue the case and write the corresponding portion of the factum in English. At least one of the four students must do the same in French. All judges are bilingual and questions posed will be in the language used by the mooter. Simultaneous interpretation is available upon request to any participant who requires the service to understand her or his opponents arguments.

Date of Competition: late February Date Fact Pattern Released: November Location of Competition: varies between Canadian law schools each year (2020 Quebec City)

Website: http://laskin.ca/

Bastarche – En Français The Bastarache Moot is centred around an appeal from a lower court decision bearing on statutory or constitutional language rights1. The team consists of two respondents and two appellants, and facta for each side needs to be prepared. There is also a student researcher as part of the team.

Because written and oral advocacy is in French, students should be able to understand and express themselves in French orally and in writing. Perfection is not the standard here our coach provides students very good feedback and support on their written and spoken French.

Date of Competition: early March Date Fact Pattern Released: September Location of Competition: Toronto

Website: https://news.umanitoba.ca/robson-hall-students-represent-manitoba-in-inaugural- french-language-moot/

1 Examples include cases regarding the Official Languages Act, Criminal Code, RSC 1985, c C-46, Part XVII, Divorce Act, RSC 1985, c 3, s 23.2, The Francophone Community Enhancement and Support Act, CCSM, c F157, French Language Services Act, RSO 1990, c F32, Canadian Charter of Rights and Freedoms, ss. 16-21, 23, etc. Cases in the past have been on topics such as the right to receive services from federal institutions in ones official language the right to have ones children educated in the language of the English or French linguistic minority, etc.

Advocacy Trials Second year students are required to take Advocacy, a course in which they will learn practical skills about crafting an oral argument, preparing cross and direct examinations, and conducting a trial. At the end of the semester (March), second year students compete in teams of two and conduct a mock trial involving the preparation and examination of volunteer student witnesses. The top advocates of this exercise are selected to participate in the Solomon Greenberg Competition in their third year, and the winners of that competition can advance to the MacIntyre Cup and Sopinka Cup.

Contact Information: Maria Tepper: [email protected] David Ireland: [email protected] Justice Raymond Wyant: [email protected] Tryouts and Selection Process All second year students participate in the selection process through their Advocacy course exercise, however those chosen for the Solomon Greenberg may decline to participate in the competition. The top eight students are selected as well as several runner-ups (in case one of the eight choose to decline) to participate in the Solomon Greenberg competition in the fall semester. Successful participants are effective at examining witnesses, making objections, preparing witnesses, general oral advocacy, and public speaking.

***Due to COVID-19, the Advocacy mock trial did not happen. The selection process for the 2020-2021 year for those interested in trying out for the Solomon Greenberg will occur in early fall of 2020 and will include preparation for a mock trial similar to the Advocacy fact pattern and structure.*** Solomon Greenberg Competition The Solomon Greenberg usually relates to a problem in evidence, criminal procedure, and/or criminal law. The competition honours Solomon Greenberg, a Manitoba lawyer known for his dedication to mentorship, advocacy, and passion for helping vulnerable persons. Competitors are assigned to the role of crown or defense and must prepare for and present a criminal jury trial. Participants can receive 3 credit hours for writing a paper on their experience after the competition.

Date of Competition: mid to late November Date Fact Pattern Released: early October Location of Competition: Winnipeg

Website: http://law.robsonhall.com/blog/the-solomon-greenberg-competition-celebrates-50- years/

MacIntyre (Western) Cup and Sopinka Cup Two individual competitors are chosen from the Solomon Greenberg to compete as a team in the Western MacIntyre Cup on the same fact pattern. Instead of writing a paper, participants can receive 3 credit hours by participating in the MacIntyre and Sopinka. The MacIntyre Cup consists of the same fact pattern and exercise as the Solomon Greenberg.

Teams are randomly selected to be Crown or defence in the trial. The top three teams in the Western MacIntyre Cup go on to compete in the Sopinka Cup. Eight schools compete in the National Finals for the Sopinka Cup in a bilingual competition named in honour of the late Mr. Justice John Sopinka of the SCC.

Date of Competition (MacIntyre): mid February Date of Competition (Sopinka): mid March Location of Competition (MacIntyre): Victoria Location of Competition (Sopinka): Ottawa

Website: https://www.actl.com/competitions/sopinka-cup-canada

*Each level of competition is equivalent to its own moot in terms of workload.

*If you are also selected for a moot you may have to choose between advancing to the MacIntyre and Sopinka and participating in the moot, due to time conflicts and workloads.

Negotiations Competitions Kawaskimhon Moot – Indigenous Values and Dispute Resolution The Kawaskimhon Moot (speaking with knowledge) is a culturally sensitive national forum where questions regarding contemporary aboriginal legal issues are debated and negotiated by law students across Canada. Students participating will receive 3 credit hours.

The event is a non-competitive, multi-party negotiation that involves the values, practices, and laws of Indigenous dispute resolution systems. The Kawaskimhon involves a written argument, presenting an oral argument, and consensus building within the conceptual framework of a talking circle. Its specific format and process is decided by the host school. The selection process for this Moot for the 2020-2021 year has not yet been released.

Date of Competition: early March (2 days) Date Fact Pattern Released: January Location of Competition: varies each year

Website: https://law.robsonhall.com/event/kawaskimhon-moot-2020-hosted-by-robsonhall/?instance_id=153

Contact Information: Brenda Gunn: [email protected]

Fillmore Riley Negotiations Competition The Fillmore Riley Negotiations Competition is not for credit. However, those that advance to the National Negotiation Competition will receive 3 credit hours in the winter semester. Participants selected will compete against one another in teams of two. They are given a new fact pattern and a client to represent in the negotiations. Date of Competition: early March (2 days) Date Fact Pattern Released: 2 weeks prior Location of Competition: Winnipeg

Contact Information: Associate Dean Mary Shariff: [email protected] Tryouts and Selection Process Second year students are required to take Negotiations, a course in which they will practice navigating conflict and bargaining. All 2L students participate in the selection process through the final mock negotiation that takes place at the end of the Negotiations course. While the exercise is done with two opposing teams of two, students are evaluated and ranked individually. Practicing lawyers volunteer as judges and rank the negotiations. The top 32 students are selected by their course instructors to participate in the Fillmore Riley Negotiations Competition, and a list of alternates is also developed. Students can choose their partner for the Competition from these lists. Those chosen who do not want to participate are allowed to remove themselves from the Competition so other students (the alternates) may participate. National Negotiation Competition The first and second place teams in the Fillmore Riley Negotiations Competition are eligible to advance to the National Negotiation Competition that occurs in the winter semester. Participants in the National Competition will receive 3 credit hours in the winter semester.

Date of Competition: late February Date Fact Pattern Released: 2 weeks prior Location of Competition: varies between Canadian law schools

*If you are also selected for a moot you may have to choose between advancing to the National Negotiations Competition and participating in the moot, due to time conflicts and workloads.

Western Canada Family Law Negotiation Competition The Western Canada Family Law Negotiation Competition is a competition for third year law students. Working in teams of two, the law students will negotiate with opposing teams in three successive rounds of increasing complexity on a series of family law issues. The competition will be judged by various members of the judiciary as well as senior family law practitioners.

Four 3L students that have taken the Family Law course will be selected to participate, and they will receive 3 credit hours for this competition. This competition is intended to replace the previously-offered Walsh Famil Moot 2

In family law, the access to justice crisis has propelled legislation and practice norms to move towards non-adversarial dispute resolution processes. In Manitoba, it is now mandatory for family law clients to engage in negotiation prior to involving the courts. As a result, lawyers are now required to build new skills, particularly in the areas of negotiation. In addition to furthering substantial knowledge of family law, the competition will provide a means for law students to practice and improve their negotiating skills.

Date of Competition: early March Date Fact Pattern Released: late November Location of Competition: varies between Western Canadian law schools

Selection Process

Students will be selected based on their answers to questions set out on their application, in conjunction with their grade in Family Law. Students will apply in early September, 2020.

2 The Walsh Family Moot consists of both an appellate moot and a negotiation moot. Effective September, 2019, the Walsh Family Moot organizers have decided to limit moot participation to Ontario-based law schools. Western Canadian law schools have decided to partner to create their own competition to mirror the negotiation component of the Walsh Family Moot. Please see https://afccontario.ca/walsh-moot/ for further information.