MOOT TIMESThe 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. TheNegotiationCompetitionisanannualeventputonbythefinefolksatFraserMilnerCasgrain.Theirlawofficewasimpressive,ifnotKafkianinitstwistsandturns,withwarm,seasonallypumpkinpaintedwalls.Uponarrival,thecompetitorswereimmediatelyusheredintoafileroom–thesortyoucanimaginebeingchainedtoonedaywhenarticling–wherewewerebriefedontherulesofthecompetition.Anassociatethensweptusawayingroupsoffourtoaboardroom 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 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, and how to engage in it successfully. What followed could be described as a feast of food and drink, en-joyed amid casual conversation with associates of FMC, their clients, and our law school peers. In due time, the festivities were interrupted with an announcement proclaiming 2L’s Maya Nathwani and Catherine Spafford 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 all the aforementioned surviving so long as the trophy does, as top three teams have their names etched in semi-precious metal at the base of a

In This Legal Issue Murray Fraser Hall page 3Law Buzz page 8Photographs page 10 Political Aspirations page 12Sporting Life page 15Work/Life Balance page 18What the Scott Hall !? back cover

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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

ContributorsAndrew Kowalchuk Andrea Urquhart Kane Richards Jennifer KoshanTalayeh Voosoghi Erin Farrell Khatera Haidery Adam OppenheimJoshua Thon Craig Alcock Geoff Boddy Kevin MadisonJody 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.

ratherattractivesculpture.Inaddition,firstprizefinishersheadedtotheUniversityofAlbertathispastweekend,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 judgesthatinvestedtheirtimeandofferedtheirexpertise,wecertainlybenefittedfromtheirobservations.Finally,toallourUofCnegotiators,therewasexcellenteffortabound.Keeprefiningyourskills,theyaresuretocomeinhandynext year.

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Murray Fraser Hall Law School News

Will I get credit for this? Universityinitiatesco-curricularrecord

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. Ifyouneedmoreconvincing,justgotoanylawfirmwebsiteandcheckoutalawyer’sbio.Guaranteedthevastmajority 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. Lawfirmsrecognizethistoo.Havingsomesortofschool,communityorcharityinvolvementtellslawfirmsthatyou 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. TheUniversityofCalgaryandtheFacultyofLawalsorecognizetheworthofparticipatinginextra-curricularactivities.IfyoulookatthelistofFacultyofLawAwardsyouwillseeasignificantnumberofawardsthatarebasedoncommunityinvolvement.Now,theUniversityofCalgaryisalsomakingapushtorecognizestudentswhobecomeinvolved.StartinginJanuaryof2009,theUofCwillbeinitiatinganewprogram,calledtheco-curricularrecord,torecog-nize extra-curricular involvement. Basically, the university will be providing a transcript of each student’s involvement outside of the classroom. This will givestudentsanofficialrecordoftheirextra-curricularinvolvement.Coupledwithatranscriptandresume,itwillgiveemployers 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 contributionof20hours.Studentswillbeabletoaccesstheirrecordfromthe“myUofC”websiteandaddintheirsubmis-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: Keepyoureyeoutfortheonlinedatabaseofextra-curricularactivitiesfoundonyourmyUofCsite.ThisshouldbeupandrunningbySeptember’09.Inthemeantime,checktheStudentUnionorFacultyofLawwebsitesforstudentorganizations 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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DearKandAYou ask, we answer, everyone wins @ life.I like someone in law school. How do I let them know?

K: Shall we out the curtain of secrets? We all know that “someone” you’re talking about is me. Now that that’s out of the way, follow these steps and I am almost certainly all yours.1.ComplimentMe–Guyslikecomplimentstoo.MayIsug-gest,“HeyK,howisitthatyouareawesomeallthetime?”2.EyeContact–5minutesofsilent,uninterruptedeyecon-tact will let me know you’re interested.3.ImmobilizeMe–Irecommendasneakattack,sincemyextremelyquickreflexesmakeafrontalassaultnearimpos-sible.4.Finally,OnceImmobilized,AskMeOutToDinner–Ien-joy steak, lobster, or steak and lobster. Surf and turf? That’s right, all man.

A:Firstoff,letmecongratulateyouonfindingsomeoneyou like. I think that’s really great. The last time a girl liked me, Bubbles was still MJ’s BFF. Now I spend my week-ends taking pictures of myself in bed under the covers. My last birthday, I signed up for a WoW account. I’ve never even taken a girl out for dinner. I have the soundtrack for The Notebook on my iPod. This month I spent $240 on ice cream and Playboys. Call me.

How do I know the person I am about to kick out of the mezzanine is actually a SNAIL?

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-ematical equation.” Wise words from a wise man.

A: To truly beat your enemy, you need to know them. I suggest going somewhere where it is clearly marked that you are not supposed to be, and spend some time there until you get kicked out. Having experienced that, you will then be able to sense the SNAIL... or just look for the economics books.

I didn’t meet anyone at the Law-Med Halloween Bash. Am I always going to be single?

K: A valid fear, but an unwarranted one. I think you just needtofindtherightavenueorperson.Reallyputyour-self out there. Try to not talk about your cats, or how you think Battlestar Gallactica is the best thing since the original Battlestar Gallactica. Try and be yourself, as long as that person is likeable.

A: Yes, you are. Next question.

Everyone tells me I am a terrible dancer. What are some ways to make myself better?

K: Everyone feels this way at one time or another, and it’s nothingtobeashamedof–unlessyouareinfactaterribledancer, and in that case just do everyone a favour and sit down because the pelvic thrust is not a viable and effective dance move. You should stay at the bar, sipping your wine and trying to pick up the servers.

A:WithoutreadingK’sanswerfirst,Iassumethatouran-swerswilltellthesamestory.Asure-firewayofimprovingyour dancing is to get a move and milk that. After years of study, THE move has been discovered. The pelvic thrust is a viable move that has been tried and tested over the years. At weddings, graduations, birthday parties, and even wakes, a perfectly executed pelvic thrust will simultane-ously say “I can dance!” and “I am here to party!”

This girl in my class is SO self-conscious. She always gets uncomfortable when I stare at her, and hates it when I whisper dirty, dirty words in her ear. What gives?

A: Dude, don’t beat yourself up about it. Everybody’s had this problem at least once before. Have you tried hitting on her best friend? Girls are always saying how hot their other girlfriends are, so take them up on it for once. Just take her to Montana’s, then pop the question. But make sure she knows you’re not serious. That’ll teach both of them.

K: Listen Jasmine, why did you instigate things on Thurs-day night if you aren’t that kind of girl??

What are some good ways to wind down after a week of classes?

K:3words:nakedyoga.Umm,IguessIneedathirdworddon’t I? “Party” is a good word, but inappropriate here. Let’sgowith“funtime”(officiallynowaword).Allyouneed is yourself, some yoga skills, and some time. Just make sure you do it in the privacy of your own home (blinds closed). Supposedly, drop-in yoga does not mean clothing-optional,andpeoplecanseeintofirst-floorbaywindows that look out onto the street. My mistakes don’t need to be yours.A: Why don’t you try running home and locking yourself in your room and reading for 3 days straight because it turns out you can’t do anything right during the week so you have to do everything on the weekend and ev-eryone’s like “where have you been?” and I’m like “I gotta do work all the time” and they’re like “why do you smell so bad?” and I’m like “I don’t have time to shower every day ‘cuz all I do is work.”

Submit your questions to answers_live_win@live.com (seriously!)

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Canadian Lawyers Abroad StartsUp! 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-tionallaw.TheUniversityofMontrealalsopublishesanannualCLA-ACEjournalcalled ‘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(CommunicationsOfficer),RupinderShoker(Secretary),LaurenEllis(Treasurer),MayaNathwani(EventsCoordinator) 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. ThefirsteventtookplaceonOctober16-18th,2008.CLA-ACEUofCpresidentTalayehVoosoghiandSLSpresident, 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 asDFAIT(DepartmentofForeignAffairsandInternationalTrade),UNAC(UnitedNationsAssociationinCanada),CANADEM, DOJ (Department of Justice) and two days of various seminars and panels on internatonal law issues. >>Seepage6

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

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CriminalLawyerProfile:

Jennifer Ruttan

JenniferRuttanisagraduateofUofCandacurrentpart-ner at Ruttan Bates Barristers and Solicitors. She was called to the bar in 2002. Thank you to Erin Farrell for the inter-view.

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

2. What do you most enjoy about your job? Freedom to do the type of work that interests and stimulates me.

3. What do you least enjoy about your job? The business aspect of being in a small partnership.

4. Do you find it difficult to find a work/life balance? How do you achieve this as a busy lawyer? work life balance is a never ending struggle. However, if you can findpeoplebothprofessionallyandpersonallywhoareable to support you, it makes it a much easier task. Some-times this involves learning to trust others and to delegate, neither of which I am particularly good at. With having a young girl, however, there is great motivation to rely on others in order to make sure I don’t miss out on what is truly important in life.

4. What advice would you give to law students about to enter the industry? Try always to do your best and resort to advise of mentors as much as possible. It is my opinion that the best lawyer is an ethical lawyer which means you take your oath seriously, you take your responsibility to your clients seriously and you take your responsibilities to the court and collegues seriously.

5. Have there been any significant changes in the indus-try since you graduated law school? Thisisdifficulttoanswer,becausethelawisfor-

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ever growing and the process is changing to better deliver 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 whichshow 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 atractorinanopenfield,butsinceIdon’thaveanyfamilyinfarming, that has never been a realistic alternative. I would beattracted to teaching at the university level, because it would bestimulating intellectually and I enjoy interacting with people who are intested in learning.

The conference was a great opportunity for those who are interested in an international career to get acquainted with thefieldandmeetwithCanadianlawyersandlawstudentswith similar ambitions. If you are interested in gaining international legal workexperience-findoutmorethroughtheCLA-ACEUofCstudentchapter.EveryyearCLA-ACEoffersanum-ber of passionate and talented law students the opportunity to spend their summer working at NGOs overseas and in Canada on important and, in many cases, groundbreaking legal issues. This experience not only provides invaluable assistance to our partner NGOs, but allows a number of young Canadians to improve their legal skills and to par-ticipate in an inspiring and often life-altering experience. These students return to Canada with a new and enriched perspective to share with others and build upon in their careers. If you are interested you will have to sign up to be amemberoftheCLA-ACEUofCstudentchapter.Listsofinternships will be available in mid-December and applica-tions will be due in early January. Althoughthereisnoofficialfundingforthesum-mer internships, CLA student chapters have so far been very successful with fundraising events that have covered all the costs of the intern’s summer abroad. For more information contact: Talayeh at tvoosogh@ucalgary.ca.

>> From page 5

Lawyers Abroad

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Law Buzz What’s all the Fuss About ABlawg? JenniferKoshan(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 ouraffiliatedinstitutes.Commentaryhasbeenpostedinrelationtoover100casesandlegislative/policydevelopmentsin Alberta, covering almost 30 different areas of law. You may discover that fact scenarios from previous exams are very similartothefactsofcasesbeingdiscussedonABlawg–seeforexamplemypostonthe“loudspeakerpreacher”caseathttp://ablawg.ca/wpcontent/uploads/2008/05/jk_pawlowski_may9_2008.pdf. Astheysay,truthisoftenstrangerthanfiction--didyoureallythinkwemadeexamfactsup? 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 ofthe2008ChiefJusticeWilliamMcGillivrayMoot.Inthefinalround, 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 Competitionwentunderway.Intypicalfashion,firstyearscollectedthetopprize. 1. Adam Zelmar and Sangeeta Patel 2. Chad Conrad and Derek Jugnauth 3. Sonya Bertrand and Brett Turnquist TheEnvironmentalLawSociety,agroupofUniversityofCalgaryFacultyofLawstudents,wasinstrumentalingainingthesupportofShellCanadaforarecenttriptotheoilsands.ThisisthefirsttimeinShell’shistorythatthey’vefootedabilltosendauniversitygrouptooneoftheirprojectsitesinNorthernAlberta.Twenty-fivemembersoftheUniversityofCalgaryEnvironmentalLawSociety,twograduatestudentsspecializinginenergyandenvironmentallaw,andtwoprofessorsfromtheFacultyofLaw,boardedacharteredflightfromtheShellAerospaceCentreinCalgaryandheaded 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 CarolCrossoncameinfirstplace,andthetoporalistswereJ.AlexanderDutton,CarolCrosson,KevinMadison,RobMoyse, 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 thereceptionfollowingthefinalroundoftheMcGillivrayMootShield.

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Law/Med Halloween Party 2008

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FMC Negotiation Competition 2008

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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

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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 Khatera Haidery (3L)

A day that I would never forget…... I remember the day when I was only 8 years old, hold-ing my mother and praying to God to help us. That event was the first time in my life….that death had crossed my mind. Ever since I could remember, my parents made me believe that our basement was the safest place in the house and if we went downstairs noth-ing could happen to us.However, at eight years old I had come to know that it was not true, and that our house could not protect us from anything but the weather.

That pivotal moment in my life took place in the summer of 1992 in Kabul, Afghanistan. The crashing sound of 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, life would be bright and peaceful. However there was no guar-antee as to when or how people’s lives were going to change. In Kabul, at that time, there was nothing but chaos. There were no laws to be followed; people were killed or jailed because of their ethnic backgrounds. Women had no rights; they were not allowed to go to work or to school. Even when they left their houses, they had to be covered head to toe. Life was unbearable…and here we are sixteen years later…not much has changed…. People still live with the same uncertainty in their lives!

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A Canadian dream“I want to see thousands of Canadian Obamas.” -Dr.RinaldoWalcott,CanadaResearchChair,SocialJusticeandCulturalStudiesattheUni-versity of Toronto

Following a Democrat’s perfect storm, Barack Hussein Obama delivered a resounding presidential win on November 4, 2008,redefiningagenerationandreinvigoratinganationhaggardbyaprotractedwar,humanrightsabuses,socialprob-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?HowdowegetourselvesanObamaor,moresuperficially,anObamawhospeaksFrench,supportsequalizationpay-ments (but not too much) and would be willing to skinny dip on the Rick Mercer Show. No tall order.

RecentCanadianhistorysuggeststhatCanadianpoliticsechoestheebbandflowofAmericanpolitics.Takeforinstancethe 1980s conservative movement where Brian Mulroney came into power 3 years after Ronald Reagan. Remember that onOctober14th,2008,StephenHarper,amanwhowouldlikelyhavemoreaffinitytoGeorgeW.BushthanMr.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,evenifourheartsarewithObama(66percentofCanadiansaccordingtoaGalluppoll),ourpocketbooksmight 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!

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The Sporting Life

Hockey Pool updates presented by BD&P

Phone: 403-260-0100 Fax: 403-260-0332

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COMMON SENSE, UNCOMMON INNOVATION.

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COMMON SENSE, UNCOMMON INNOVATION.

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.

StudentProfile:Brittannee Laverdure Wrestles the Law OrlaghO’Kelly(2L)

Considering Brittannee Laverdure’s warm smile, calm demeanour and petite stature, it is hard to believe that she is rid-ingafifthplacefinishatthe2008worldwrestlingchampionships,thatsheistakingaquickbreakafterConstitutionallawclassandthatsheisthinkingaboutthedreadedfirstyeardraftingassignment.

“Not wanting to do it, but still doing it,” Laverdure said jokingly about the parallels between her life as an elite athlete andasalawstudent.“Butsporttaughtmediscipline,howtoworktowardsagoal,stayingfocusedwakingupat6AM.It’s like a job.”

Ifthat’strue,Laverdureisjugglingtwofulltimejobs,asanathleteandalawstudent,with12practicesaweekand6and half courses a semester.

Asawrestler,heraccomplishmentsarenotinsignificant.AtopherlistwashelpingCarolHunyhtoaconvincingOlym-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,”the26yearoldlaughs.“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

17

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.

18

Work/Life Balance

Pop Culture Dis-Correspondent Adam Oppenheim (1L)

Jr. High kids make me think of hiding beer in the toilet. For reasons not yet clear to me I have had fairly regular, mildly inconveniencing, slightly offending, mid-day standoffs with unaware Jr. High kids. What makes it worse is that I am totally cognizant of these confrontations, and they, secure in their pack mentality, have no conscious notion that we are now caught up in an antagonistic relationship. You see not too long ago I was offered tickets to Feist’s concert at the Saddledome (free is free right?). Situated right behind my seats, in their parents’ luxury box, was a group of jr. high kids. Now these particular teens (tweens?) were decked out in either 1) asexual American apparel clothing and headgear; or 2) the Lauren Conrad Collection (particularly distasteful as it looks tacky) and b) I’m on Team Audrina). And these kids yam-mered off for the entire show. Poor Leslie Feist was trying to create an atmosphere of intimacy in the city’s largest hockey rink, and the Jr. Highers would just not allow her the chance to draw me in. And I scowled… and they talked more. And I’m pretty sure they were boozing… When I was in grade 8 me and my boys decided that underage drinking was a good idea (which it’s not). So to get

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) Simpson. First we poured in two trays of ice cubes, added a six-pack of Kokanee (we were light weights) and just a pinch of teenage delinquency. Then we would drink said beers and instantly turn into loathsome and insufferable adolescents. Now I was never busted red-handed. Instead, my pops flushed the toilet one day and the bowl refilled with ice. He lifted up the top and found a rogue beer kickin’ it with the lever and ball. So, since my record is coloured with shenanigans, why did I decide jr. highers are so very odious (thank you shift F7). Is it because at lunch hour they clog the line at Thai Thai? Is it because they still idolize Lindsay Lohan despite all the obvious reasons not to? Is it because they remember Michael Jackson for his ills while the rest of us remember him for his thrills? Is it because they rock the soul patch ‘cause the rest of their beard hasn’t grown in? Or is it because they propelled girlicious to the top of the charts (for real? are you kidding me?)? Maybe it’s because they think they’re better than me. Yet as I slowly but surely grow a “kids are trouble, let me wag my fist at them” gland in my brain, I am painfully reminded that I too am inconveniencing to adults who can no longer demographically refer to themselves as “Hip” or “a young adult” or “able to fit into se7en jeans without an elastic waist”. A couple weeks ago I received maybe the best chastising of my twenties when I cut the line at the Tim Horton’s in the basement of MFH. A short, 40 something lady, informed me in many, many words that I am a ___insert expletive_____. Her insightful tongue lashin’ let me know that I still act like a kid. She was so effective that I didn’t even buy my green tea (another sign that I am not an adult, as I still submit to holistic health crazes). Maybe I have more in common with those skinny jeaned, floppy toqued, adolescent s*** disturbers than I care to admit. And so in my new found recon-ciliation, it’s safe to say that the kids are all right…

1234! Law Stu-dents Feel It All Jody Sutherland (2L) and Andrea Urquhart (2L)From what I have heard, there were several U of C law students representing at the October 18th Feist show. If you were thinking like me before the show, you might have been a little disappointed to be heading to the Saddledome rather than the Jubilee to see Feist. However, as inappropriate as this setting might seem for a performer like her, to say she “pulled it off” would be an understatement. In all the shows I have been to, I’ve never seen an artist make use of an arena in such a simple, yet artistically impressive way. Her introduction: a small light emanating from a lantern carried on stage, which grew brighter to illuminate Feist’s silhouette as she hid behind a small screen. The first performance was a showcase to the audience of her incredibly powerful voice, with a song of little to no words. The 2 hour set list included every favou-rite, but in a modified version. Feist seems to be a master of the re-mix, as anyone fa-miliar with Mushaboom would know, and she did not disappoint in her live show. She also has a tendency towards collabora-tion (see “Open Season”) and her perfor-mance was no exception, although it might not be what you would expect. While her albums have allowed Feist to work with various well known artists, her show provided a forum to work with artists of a different kind. Each song was paired with images of vari-ous shapes and colors projected on a large screen behind the stage (think elementary school projection here). These images were precisely, yet spontaneously orches-trated to tell a story created by three artists who I can only assume are part of Feist’s artsy circle of friends. If the projection was turned off, a camera provided the au-dience with a black and white close up of what was going on on stage: the inside of the piano, the guy playing the guitar, the “Hi Mom” Feist had written on the bottom of her shoes. While most people remained seated during

the show, she still had us all captivated. If the clapping didn’t get you into it, and you weren’t much for singing, I don’t think there was a single person who kept their cell phones dimmed for her best song of the night!

NO SNAILS ALLOWED THIS IS A SNAIL FREE ZONE

PLEASE RETURN TO YOUR OWN FACULTY

SNAILS – STUDENTS NOT ACTUALLY IN LAW SCHOOL

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