adios, sayonara, so long: moot times editor finally free · law school, my last two exams taking...

Steve Carey, 3L

This newspaper is a dead albatross. As I write this, I have largely completed

law school, my last two exams taking place at the University of Victoria—where I’ve been on a letter of permission, wearing this weird bird around my neck, weighing me down and causing me to drift at sea while I should be studying.

This paper is an often frustrating, relationship-stressing, and deadline-driven beast. But since I took it on in 2L, I’ve enjoyed it—even with the smell. I’ve interviewed and worked with some of the finest people in the University of Calgary community. Yes, some of the stories are written like law students have never seen a printed publication, and if I get another 12-kilobyte photo for the cover I’ll just run a photo of a LOL Cat instead. But others are masterworks—Brent Sharpless’ greatest cheeseburger piece was solid gold.

I do this paper because the University of Calgary Faculty of Law admitted me when no other law school in the country would have. I was a 28 year old IT consultant and newspaper reporter, with crap grades in a science degree and a borderline LSAT score. But they let me in—who knows if it would happen under the new admission criteria, but it did then.

After a week, I was passionate for the law. The class, and my section—those great whirling dervishes of Section Two—proved a social, collegial bunch. The upper years helped us all along, with heartfelt advice and, of course, CANs.

I was fascinated by everything. I’d never been engaged in class—I barely completed high school. In undergrad, I failed two courses—one was a discrete math course labelled “Logic and Foundations”, a little embarrassing on applications for 1L jobs, I can tell you that. My hand went up for every question, I spent hours making notes in

the margins at night, and I tried hard to never miss a reading.

But I didn’t know if I belonged. I’m even-keeled, and even I had panic attacks while waiting for first semester grades. I thought I failed everything. I had applied for 20 jobs, with no interviews. Not a single phone call. I considered dropping out. I told Professor Koshan about my concerns at an SLA event—I think she shook me and said “Don’t,” but I can’t really recall. Maybe it was the shaking.

In the end, I was a Dean’s List student. The next year, I was interviewed for every job I applied for—meals, lunches, the works—a far cry from the cold shoulder I received in 1L, and never quite forgot.

I participated in the Jessup Moot, coached by the incredible and terrifying Owen Saunders. Professors—Koshan, Ingelson, Woolley, among others—

encouraged and shaped my interests. I landed a clerkship at the Federal Court of Canada. Practitioners such as Catrin Coe and Ross Mitchell took the time to help me, in the face of their full work schedules. Brett Code taught me to think about the historic and policy issues underlying law—while Irwin Law taught me the modern law of evidence.

My classmates taught me the most of all. To them: don’t forget about the good times we’ve had, or the lessons we’ve learned (Continued on page 2)

Adios, sayonara, so long: Moot Times editor finally free

The InternetA 12 kilobyte photo could be painted on a Smartie—if it was black and white.

All the news that’s legal to read. April 2013 Edition

In this issue:

• 8 Articling Advice• 10 Brent Sharpless Profile• 12 Yearbook

Moot tiMes the University of CalgaryLaw student Newspaper

(Continued from page 1) about collegiality, civility, and the role advocates play. During articles, don’t lose sight of who you are and what you’ve accomplished. Always know yourself and your limits—and if you don’t, let one of us know. We’ll help you out. Whether you’re working at one of the Seven Sisters, heading in-house, or not planning to practice, we’re all there for you.

So this paper is a dead albatross. But

it’s my dead albatross. And I leave it slung over two capable necks—Juliana Tam and Dana Martin—who I know will wear it with the pride, grace, and inanity that comes with publishing a student newspaper. To close: the albatross theme is a little too dark, and to do it right I would have to have committed some heinous act, other than applying for law school—but it was really all I could come up with on a deadline. Hope you enjoyed it.

Free (until articles, that is), continued

Provided PhotoIn the spirit of yearbooks, here a photo of the author from high school. For photos of your classmates that are a bit more contemporary, see the special Yearbook section starting on page 12.

2 Moot times April 2013

Moot timesThe law student newspaper at the University of Calgary. Gettin’ legal since 2008.

editorsSteve Carey Heather BeykoJuliana TamDana Martin

ContributorsSteve Carey, Dana Martin, Colleen Ma, the Team Captains, Ben Leung, Dex Zucchi (for organizing Ben), Anna Gillispie, Ashley Karg, Jason Collins, Jenna Kirk, Theresa Yurkewich, Andrew McRae, Brent “Cheeseburger” Sharpless, Lisa Hodgson, all the photo contributors, our advertisers, the Internet, you, next year.

ContactFor news submissions, story ideas, or just to say hi, write to [email protected] ad sales, announcements or anything related to management, write [email protected].

DisclaimerThe opinions and articles expressed within are not those of the University of Calgary Faculty of Law. The Moot Times is an independent publication, run by students for students. Don’t even think about suing us. One miscreant tried, but he missed the filing date under the Defamation Act, the sucker.

There’s no“i” in Blakes.Sign on with the winning teamat joinblakes.com.Sign on with the winning teamat joinblakes.com.

Blakes Calgary – University of Calgary Current & Upcoming Roster:

2012 SUMMER STUDENT PROGRAM

Amanda Marsden - 1st YearSteven Marshall - 1st YearMaria-Rose Spronk - 1st YearJaye Stewart - 1st YearMadison Kragten - 2nd YearJames Reid - 2nd Year

2012 - 2013 ARTICLING STUDENT PROGRAM

Qaim GigaSarah Nykolaishen


Madison KragtenJessica MercierJames ReidBrent SharplessRoger SongJoshua Sealy-Harrington


Amanda MarsdenSteven MarshallMaria-Rose SpronkJaye Stewart

Blake, Cassels & Graydon LLP*Associated Office

MONTRÉAL OTTAWA TORONTO CALGARY VANCOUVER NEW YORK CHICAGO LONDON BAHRAIN AL-KHOBAR* BEIJING SHANGHAI* joinblakes.com

April 2013 Moot times 3


Dana Martin, 1L

Alberta journalist Chrystia Freeland came home on March 18th to deliver this year’s Merv Leitch, QC, Memorial Lecture. A native of Peace River, whose father was a lawyer, Ms. Freeland started her career in journalism as a stringer in the Ukraine in 1991 during the fall of Soviet Russia. She has since risen to the post of Digital Editor for Thomson Reuters, headquarted in Times Square. One of the privileges of such a career is that she has interview access to the world’s richest dickheads. The subject of her talk was her recent book: “Plutocrats: How the Global Super-Rich are Shaping Our Future”.

The statistics are startling: since the 1970s, the income gap in the United States has become a “chasm”, in the words of Ms. Freeland. A quick look at the Forbes 400—an annual ranking of the world’s most prodigious consumers of caviar and Cristal—shows that in 1992, the combined wealth of the top 400 was a paltry $300 billion dollars. Do the math, she says, and most of them “weren’t even billionaires.” In 2012, their combined wealth more than quintupled, to $1.7 trillion dollars. Today, the wealth of the two richest men in the United States equals that of the bottom 40% of the population, and the income inequality gap between upper crust and the lower class has doubled and nearly tripled since the 1970s. In the words of Warren Buffett: “There is a class war, and we’re winning.”

The reasoning you accept for how this happened will likely depend on your politics: left-of-centre advocates will argue that lower taxes, deregulation, crony capitalism and faltering unions lead to the accumulation of capital in the hands of the few, while those who sympathise with the right will argue that underlying economic forces are at play. Ms. Freeland accepts with the

latter explanation. Globalization, she explains, has lead to a winner-take-all phenomenon in expanding global markets, and the massive technological revolution we’ve seen in the past thirty years is just getting started.

The fresh face of the international elite today is composed of a meritocracy, with increasing numbers of self-made superrich among their ranks. Another glance at the Forbes 400 confirms this: in 1982, only 40% were running businesses they built themselves; by 2007, that number was 69% and rising. Ms. Freeland characterized them as “geeky”: they made their fortunes in the tech revolution and in finance. Even Russian mobsters, she notes, have PhDs in physics. Curiously, there is a deep sense of victimization among many members of the plutocracy. Ms. Freeland cites the case of the infamous hedge fund manager Dan Loeb. His vocal support of Obama in 2008 had apparently expired by 2010, when he drafted an email comparing the financial sector to battered wives, subject to repeated violent taxation by the President. On more than one occasion, the Obama presidency has been likened to the Third Reich. TJ Rodgers, a

Silicon Valley entrepreneur, bemoans the superrich as the “new underclass”, referring to their vilification in the media and popular political rhetoric.

Toward the end of her lecture, Ms. Freeland addressed the possibility of a reversal of the superrich phenomenon. Since the industrial revolution marked the turning point in capital accumulation, it has weathered two world wars, a communist revolution in Russia and China. The crisis in 2008 that plunged much of the world into a debt under which it is still staggering, has shown some signs of recovery. Data suggests that 93% of the recovery, however, has been enjoyed by the top 1% of the population. The scope and impact of the technological revolution as a driver in income inequality may be similar. Ms. Freeland cites George Soros, Latvian billionaire and self-professed “traitor to my class”, who argues that it is a question of government to regulate the distribution of income after tax.

While most of her talk centered on the phenomenon of the superrich, which has been the subject of her work in business journalism over the last decade, she did address the role of (Continued on page 6)

Provided PhotoReuters digital editor Freeland’s lecture was eye opening for U of C students.

These lucrative, turbulent times: Chrystia Freeland lecture

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Colleen Ma and the Team Captains

Mens’ Ice Hockey A division (ladies too)After a disappointing loss in the championship game of the tournament in Edmonton, the Ambulance Chasers A team was hungry to show the naysayers in the press gallery that they had what it takes to win a championship. Despite injuries to some key players, the team rallied behind father-to-be Brendan Bernakevitch, winning the A division championship with a decisive 4-0 victory in the final game. Larissa Roche provided an outstanding effort in the playoffs, scoring about a million points in the process. Eric Bojm became the new head of marketing and season ticket sales, providing the Chasers with their first fan in the stands all season (from Paris!) at the championship game. The Chasers are setting their sights on a productive offseason, with team management hoping to convince the admissions committee of the value of having former pro hockey players at the law school.

Mens’ Competitive Basketball B division (ladies too)Cinderella Story! Fifth ranked Chasers beat out the first ranking team for the Championship. Peter Morrison was clutch in the paint and Scott Leigh was on fire with his 3-point shot. Captain Kirk wanted to personally thank all the boys for a fantastic season. Being Captain

Good jobs, Ambulance Chasers

(Continued from page 4) law in evening-out income inequality during the brief question period that followed the lecture. Law, like the middle class, is being hollowed out by the technological revolution. Recent trends in outsourcing across borders and technological advances in research software, coupled with the glut of graduates in the United States has left prospects dim for

Americans. Canadians fare better, with one tenth the lawyers per-capita.

Ms. Freeland indicated that one major advantage of an education in law is the sense of professionalism, duty to society and set of ideas with which we’ll graduate. Even if the answer to the problem of regulating income equality is not yet clear, lawyers, according to Ms. Freeland, are well equipped

to contemplate the task.The lecture series was established

by Peter Lougheed in honour of Merv Leitch, QC, an Alberta lawyer who served as the Minister of Energy and Natural Resources, Provincial Secretary, Provincial Treasurer and as Attorney General.

Freeland explores problems with income inequality, continued


Ben Leung

To many lawyers and SLA caseworkers alike, impaired driving law is one of the most challenging areas in which to practice law. Fortunately, there are a number of useful resources that legal practitioners can turn for guidance. One of those resources is The Law Professional’s Guide to Investigating Impaired Drivers, authored by Gregory Koturbash and edited by Bryce Pashovitz and Therese Koturbash, which

has already proved vital for law students preparing for impaired trials.

The book is particularly useful since it organizes issues in the same way an impaired investigation plays out, and provides insightful information on defences in a logical and linear fashion. While the book is not meant to be a comprehensive and in-depth examination of this area of law, law students find it a lucid primer of the main points, from which further research could be conducted.

The book also explains vague terms such as Charter violations, as soon as practicable, reasonable suspicion, and reasonable probable grounds in a clear and lucid concept, and summarizes case law on key parts of an impaired investigation and how to use them as defences.

As aspiring legal practitioners new to the field of law, The Law Professional’s Guide to Investigating Impaired Drivers has proved time and time again to be a valuable resource for SLA’s caseworkers.

Book review: The Law Professional’s Guide to Investigating Impaired Drivers

of the Mens Law Basketball Team was by far the highlight of law school for her. I got to play the sport I love, I met a lot of fantastic people and built relationships in a way you just can’t in a classroom. Thanks for the memories!

Mixed Competitive Volleyball A divisionWith a stiff block from Colin Poon, the Chasers successfully defended their title. Marcin Gorecki was the star of the semis. Liz Cordonier and Jason Haley were on fire in the finals. It was a great season. Actually, it’s been an amazing 3 years. It’s the end of an era for the grads, but they trust that the 1Ls will keep up the legacy.

Mixed Competitive Volleyball B divisionThe volleyball team capped off an impressive 7 game win streak with a regular season championship in the 2nd semester. Impeccable team chemistry and clever strategy were crucial to the team’s success. Kimmi Ketsa, Katelyn Gray, Peter Morrison, Jay Wilkins, Tara Russell, Julia Tam, and Jackie Johnson were all key members of the team throughout the season.

Note: Last issue, we wrote Scott Dybwad, not Scott Leigh. Scott Dybwad was the wrong name. Not that he’s not good at sports, but he’s no Scott Leigh. Sorry, Scott Leigh—Moot Times Eds.

Provided PhotosFacing page, top: The Chasers inflicted some personal injury to get to first place! Facing page, bottom: Years of training paid off for the Hockey Team, winning big this season. Above: That net’s not to scale. The Chasers tower over other teams, taking the division with ease.


Colleen Ma

If your phone doesn’t ring on call day this summer, don’t panic. Despite what it might seem, you’re not alone. Here are stories from 3Ls that got articling positions after formal summer recruitment period.

I got offered a position in September at a small downtown Calgary firm. I had starting talking to lawyers that practice in an area that I was interested in and one of those lawyers happened to be looking for a junior lawyer or articling student in that very area. My advice is to pick some areas you think you might be interested in and find out more about it. Ask a lawyer if they have some time to go for coffee so you can pick their brain about their practice. Then at the end, ask who else they think would be a good person to talk to. Through this process, an opportunity may present itself.

Anna Gillispie will be articling at a small firm in Fort McMurray. Anna and her husband decided that they wanted to move there so they took a road trip after 2L exams were done. She had researched law firms and arranged meetings with about 4 firms. She really liked one of the firms and they indicated on the spot they would like to have her article with them, so she kept in touch and went back to visit them this March to secure her position. She thinks the most important aspects of securing her article were the face-to-face meetings she arranged, and patience. Not only are the lawyers up there extremely busy (so sometimes hard to get in touch with), they operate a little differently than the typical downtown firm in that they don’t have strict procedures/deadlines for hiring articling students.

Ashley Karg will be doing a joint article. She was feeling very discouraged after

not receiving an offer during articling week. She was summering at the ERCB at the time, and they were able to offer her partial articles. When one of the lawyers she worked with heard she was looking, and that she was interested in Aboriginal Law, she got Ashley in touch with a friend who is a partner at Maurice Law. Maurice Law is the only Aboriginal-owned national law firm in Canada, with about a dozen lawyers in the Calgary office. She sent in her application, and was quickly offered a position. She didn’t know that split articles even existed before this! She has now been able to design an articling year better suited to her than any positions she interviewed with during articling week. Her advice is to be encouraged and don’t give up—there are so many diverse opportunities in Calgary. And if you know any lawyers, let them know you’re looking. You never know, it could

Articling advice: Don’t worry about a thing, ‘cause every little thing gonna be alright!

From Law Class to World-ClassAside from being part of a truly international legal firm, you’ll benefit from practical, hands-on experience and exposure to various areas of practice.

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just lead to your dream job!Jason Collins will be working in a mid-

sized firm in Calgary. He made a list of firms in Calgary that practiced in the areas he was interested in and cold called all of them. Words of advice: If things do not work out for you on call day, take a couple hours to feel sorry for yourself and then start looking right away. I contacted my firm a week before everyone else did and was able to meet more people at the firm than anyone else. Also, if you got to second or third interviews with other firms during the previous hiring processes do not be afraid to ask them to put a word in for you. It can help.

Jenna Kirk got her article in January 2013. She knew what area of law she wanted to work in, and so she contacted people from all the small firms that did the type of law – immigration. She met with a number of firms, and while some couldn’t give her a job due to lack of resources and firm space, in meeting them she made some good friends. One in particular set an appointment for her with their friend, who agreed to give her an article. She felt lucky that she knew

the area she wanted to work in, because it gave her a real focus. The lawyer she will be working for is a sole practitioner. Jenna learned from this experience to not settle with an article just because you feel the panic to have a job secured. Go after what you really want even if it takes a little longer to find.

Theresa Yurkewich interviewed with the City of Calgary during the summer recruitment period but was unsuccessful. However, the City decided after reading week to hire another student. A posting went out to all the schools, Theresa applied, and was offered a position in late March. In terms of advice, she suggests choosing an area of interest and contacting lawyers in that field, and keeping a list of who you contacted, the outcome of your conversation, and any one they suggested contacting. She found Google was also very helpful to find names of small law offices in town who might be willing to meet for coffee or lunch to discuss hiring a student. Finally, constantly edit your resume and re-word it so it sounds more fresh and, most importantly, is applicable to the

law office you’re writing.Andrew McRae will be working

at a small firm in Medicine Hat. He contacted the firm and asked them about their areas of law, future plans, and job opportunities. The interview process was standard. His tips - If you are looking outside of Calgary, make a date to travel to that city or town. Contact firms, tell them you will be in town on that date, and ask to meet with them. Using that tactic, he had multiple interviews with firms not advertising any open positions. Be flexible, enjoy life and enjoy wherever you article and whichever areas of law you experience. At the risk of sounding like a greeting card, life is what happens when you are busy making plans.

So, when it comes to call day this summer and your phone doesn’t ring, remember that there are lots more opportunities that will come your way. You just have to be patient and be prepared to pound the pavement. There is a lot more I can say about the recruitment process but sadly I’ve run out of space. Find me on Facebook or email me [email protected] if you want to talk. I’ll be around until mid-May.

There’s more To being a greaT lawyer Than your gPa.We’re not just looking for exceptional lawyers, we’re looking for exceptional people. Visit blg.com/student, read our latest lawyer profiles, and see if BLG is right for you.

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For 3L Brent Sharpless’ profile, we’ve elected to use the Proust Questionnaire, rather than our typical questions. Brent is one of the Moot Times’ most treasured contributors, eagerly churning out stories such as “How to make the world’s best cheeseburger” and other nuggets of genius with ease.

Your favourite virtue?I was once asked in an interview whether I considered myself to be a ‘plough horse or a race horse’, I responded curtly that my personal life was a private matter thank you very much.

Your favourite qualities in a man?Toughness. No doubt.

Your favourite qualities in a woman?Confidence. The world operates solely on the backs of confident women.

Your chief characteristic?Surliness…when the whiskey is good.

What you appreciate most in your friends?Honesty and integrity. You can’t fake those. Ever. And when someone’s a faker you can smell it on ‘em right away. Like Peter Cross after his small man workouts. Filthy. Why does he wear those tight shirts anyway?

Your main fault?Not enough space here to address this question—though I’m told daily that I am a ‘selective listener’ by a certain someone. Love you, dear.

Your favourite occupation?Residential and commercial painting of course (www.wow1day.com). Lawyering is okay too. Some of the most amazing moments of illumination have actually come while on the toilet. Is that an occupation?

Your idea of happiness?A hot tub and an ice cold Kokanee Gold after a great day of powder. Never writing another law school exam again.

Your idea of misery?Getting halfway through what you believe to be your tax exam, only to realize you’re in the wrong room, writing the wrong exam. God I want to see that full exam booklet. #epicjamiemoment*

If not yourself, who would you be?Well that is sort of a silly question. My wife wanted to be a cat when she was growing up. Now that’s just weird. I guess I would settle for a day in Frank Sinatra’s shoes. The Chairman of the Board. He was so damn cool he actually got arrested in 1930 for ‘seduction’.

Your favourite colour and flower?My favourite colour is blue because it reminds me of my sweet daughter’s eyes.

As for flowers, Lillian Rose Sharpless—you figure it out.

Where would you like to live?Wherever my girls are at.

Your favourite authors?Well I can tell you who are the worst authors, law students. That Brendan Bernakevitch and Marco Baldasaro make me want to puke. Who has time to write lengthy articles complaining about posters? Get real.**

MAN, MYTH, LEGEND: 3L Brent Sharpless


Provided PhotoYou may think Brent is at Oktoberfest. He’s really in the food court at Chinook Mall.

Your favorite heroes in fiction?The Old Man. Oh, and Atticus Finch. He was a dude.

Your heroes in real life?My wife threw a surprise birthday party for me last month. We went with friends to the Calgary Food Bank to volunteer for a few hours before going out for cheeseburgers (weirdest/best birthday idea ever). The regulars at the Food Bank are pretty amazing people. As an aside, 50% of the food given out at the Food Bank goes to children. Terrifying stuff.

What natural talent you’d like to be gifted with?The ability to paint a residential or commercial space in just ONE DAY…

How you wish to die?That’s just depressing man. I wish to live.

What is your present state of mind?Generally confused. Most of the time.

What fault can you tolerate the most?My wife takes clean clothes out of the dryer and leaves them in a crumpled pile on the floor. Doesn’t fold them or put them away. Ever. Drives me nuts. I think she does it on purpose. Yet still, I couldn’t possibly love her more.

Your favorite motto?“When in doubt, point ‘em straight and giver.”

I want to take a quick second to thank all the great folks I’ve come across in my 3 years at the University of Calgary Law School—you know who you are. Thanks for making my time interesting, rewarding and fun. Live while you’re young.

* Editor’s note: I was there. And that income tax advice was solid gold.

** Editor’s note: Bernakevitch and Baldasaro are more treasured than Sharpless, largely because they contribute more than just the occasional story on cheeseburgers, and don’t talk all the time about their painting business and unicorn mating rituals. Jeez, Brent. We get they have horns.


Provided PhotoThis isn’t Stampede. It’s a pre-work warmup for students at Blakes Calgary.

Provided PhotoI think these guys are best friends. There was a photo of a joint backrub, but I’ll leave it to your imagination.

Yearbook 2013

the lost semester


Yearbook 2013

corporate securities moot


law show


adios, sayonara, so long: moot times editor finally free · law school, my last two exams taking...

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