moot times - february 2010
TRANSCRIPT
MOOT TIMESThe Law Student’s
Newspaper
VOL I APRIL 2009 No. 8FEBRUARY 2010 VOL IINo.6Gender Discrimination and the Olympics: Sagen v. Vancouver Organizing Committee
By Linda McKay-Panos
Human rights issues arise in surprising areas. However, I was not shocked when my colleague, Brian Seaman, mentioned that female ski jumping was not being permit-ted at the 2010 Winter Olympics in Vancouver. Then, I learned that one of the persons affected by this decision was the daughter of a friend from law school. Brian invited the mother and daughter team to speak to the University of Calgary on Jan. 28 about their attempts to use the legal system to obtain a remedy for this gender discrimination.
Meaghan Reid, a Grade 11 student at William Aberhart School, and Nina Hooper-Reid noted that female ski jump-ing has not enjoyed the same level of financial support and training facilities as its male counterpart. This, despite the fact that one of Canada’s female ski jumpers is rated the best of all (male and female ski jumpers included) in Can-ada. Part of the reason for this lack of support is the failure to include it as an Olympic event. The International Olym-pic Committee voted not to include women’s ski jumping on the basis that the sport was not ready to join the Olym-pic roster. Other reasons given for the exclusion, according to the Reids, were that there weren’t enough countries in-volved in the sport and it might damage women’s internal reproductive organs. While male ski jumping was part of the historic Olympic tradition, female ski jumping was not.
In order to rectify the situation, some of the competi-tors launched a human rights complaint against Canadian officials under the Canadian Human Rights Act. In most human rights cases, mediation is attempted and this case was no exception. The parties agreed that Canadian offi-cials would approach the IOC to encourage them to include female ski jumpers. This did not work.
Then, nine ski jumpers from Canada, the United States, Norway, Germany, and Slovenia launched a case in the British Columbia Supreme Court, arguing that they were discriminated against by the Vancouver Organizing Com-mittee under the Canadian Charter of Rights and Free-doms s. 15(1), and the rights violation was not saved by Charter s. 1. They argued that if female ski jumping was to be excluded from the Games, then men’s ski jumping should also be excluded. While the BCSC concluded that the exclusion of women’s ski jumping was discriminatory, and that the Charter applied to VANOC, Madam Justice Fenlon held that VANOC was not in breach of the Charter, because the plaintiffs were not denied a benefit of the law
In This Legal Issue Special Feature: Women In Law
pages 1-4, 6, 8-9
Murray Fraser Hall page 5 Mad Men Formal page 10Opinon page 14Hockey Pool page 15 Profiles page 16Work/Life Balance page 17What the Scott Hall !? back cover
The ‘F’ word: Feminism and Women Today By Ardys Baker, 1L
For the past few years, Canada’s law schools have been graduating classes that are nearly evenly divided between men and women, and although firms are hiring new associ-ates in numbers that largely reflect that balance, women disappear from the upper levels of law firms.
Why? Perhaps it is because, although blatant discrimina-tion against women is on the decline, subtle bias remains in the form of lack of advancement, mentoring and network-ing opportunities, prejudice against mothers, and genera-tional conflicts. Despite the reality that women have just cracked the glass ceiling and have yet to break through the maternal wall in legal practice, there are young women and men currently in law school who think that gender inequal-ity is no longer an issue and that feminist thinking does not
under s. 15. VANOC was not in control of the decision to exclude women ski jumpers; this was decided by the IOC. On appeal, the British Columbia Court of Appeal arrived at the same conclusion for different reasons, and held that the Charter did not apply to the IOC’s decisions.
This case illustrates some of the difficulties faced when trying to use the existing human rights legal framework to obtain a remedy. There may be a remedy available against the IOC in the international legal sphere. It is clearly too late for this year’s Olympics, but perhaps there will be a change by 2014 when the Winter Olympics will be held in Sochi, Russia.
· Linda is the Executive Director of the Alberta Civil Liber-ties Research Centre
have a place in school or the work place. Feminism is a powerful word. It has different meanings, depending on who is asked, and can evoke visceral reactions.
Although women today have more opportunities and face less obvious discrimination than their mothers and grand-mothers did, the struggle for women’s equality is still a relevant issue. Watching the evening news or observing everyday life, it becomes clear that Canadian women still face inequality. The following statistics highlight this:
Each year, one out of four female university or college students in Canada experiences some variation of sexual assault. Over 86 per cent of all criminal assaults in Canada are against women. Every second, a woman somewhere in Canada experiences some form of sexual violence.
Women continue to be under-represented in Canadian politics. Women make up 52 per cent of the Canadian popula-tion and currently hold 21.1 per cent of elected seats nationally. Ranking 51st, Canada now has fewer women in parlia-ment than most developed countries and many developing countries, including Mauritania, Rwanda, and Afghanistan.
Of particular significance to ambitious female law students, in Canada, women continue to occupy only 37 per cent of managerial positions, and only 22 per cent of senior management positions are held by women. Comparing men and women who have full-time employment, women earn 71 per cent of the income of men. The wage gap is not the result of lower educational levels. Women with university degrees earn 74 per cent of the income of their university-educated male counterparts. Women with two or three children earn 12 to 20 per cent less than women without children.
In order to spark debate and raise the level of discourse on the issue of women’s equality and why there seems to be a backlash against feminism by young women today, here are some thoughts on the matter from women of various back-grounds, ideologies and politics:
“I think young women today may be confused about what feminism represents. The media and common cul-ture likes to paint a picture of feminists as angry, man-hating women who burned their bras in the 70s and have it out for any man in power nowadays. That definition doesn’t fit with what I’ve experienced and definitely doesn’t describe any of the strong women that I look up to in my field, which is male dominated. Why are women who are strong, confident, in control, and opinionated called bitches? This doesn’t serve anyone, including men. A ‘boys against girls’ attitude in the workplace inhibits cooperation, creativity, and takes away all hope of the workplace be-ing a safe haven for expressing opinions, learning, growing, and giving back. When I think about how much more could be accomplished by everyone working together, encouraging each other, and giving credit where it is due, compared to the power struggles, jealousy, worry and strife that often comes about, I am saddened. Can’t we all be confident enough in our own skills and abilities that we can encourage our colleagues, whether male or female to succeed? Women have come a long way in the work place, but I still see inequality. Feminism is a way that we can understand where we’ve been and where we’re going and how so many in the past have had to fight to get gals nowadays the respect that we deserve. Coming from a background in sociology, I understand the theory and realize that many do not. Despite that, why does ‘feminism’ bring forth so many negative thoughts? We should embrace the movement, theory, and continue to fight for positive changes that encourage growth for men and women in the workplace.” - A Legal Administrator in her 20s from Portland, Oregon.
“Feminism was a necessary evolutionary move starting in the 60s. The burning of the bras and such things that appeared on the news is what gave “feminism” a bad name. But, even though it seemed only for the radical, I was cheering it on and so were many of my friends. Finally, a small light was being focused on the inequality of wages, [social] rules, etc… It took many sacrifices to get to where we are… I don’t have a problem with the word [femi-nism]. I think it started out as a radical label for women, but I hope not anymore…” - An artist and educator in her 60s from Hawaii, U.S.A.
“I agree that feminism has its place, but I have issues with how strongly it is flaunted today in educational envi-ronments. Sometimes I think feminism is overly aggressive in that it almost seeks issues where there really aren’t any. There needs to be balance; there are certain things that seem to not be okay for men to do or say, but if women do or say something similar about men then it is fine.” - A law student in Calgary in her 20s.
“I’ve always thought I was a feminist, aka Betty Friedan and the awakening of the notion of equal rights that emerged from the 60s civil rights movement. That has been a foundation of my thinking, though not necessarily always the way I’ve lived my life. Because I grew up in a time when women were struggling hard to be heard and to be equal in school and the workplace, I assumed we ‘won’ the fight and could move on from there. I haven’t experienced discrimination since I went back to university in the 80s, nor have I experienced it in my work environ-ment. But, I have seen it to my great distress and horror, among the students I teach. I don’t know what the 21st century concept of feminism is. The media and the spin-masters have changed the game so profoundly that ‘truth’ is a rare commodity, and what appears as equal can have a totally different reality. Does the notion of real equality still remain? I see such inequality in the world today, but it’s no longer just for women—it’s for men too, and the poor, and the learning disabled, and ‘different’ children, and the ‘third world’, and so many more. (In some cases, dogs are given more respect and equality than humans.)” - A teacher in her 50s from Victoria, BC.
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“Many think that the age of post-feminism means that feminism is over. But like other ‘isms’, post-feminism like other ‘posts’ (post-colonialism, post-911) means the continued effects of feminism. And no where do we see the continuation of feminism more than in pop culture. The ‘girl power’ of the Spice Girls and the ‘women take power’ of films like Legally Blonde suggest that women are still in pursuit of recognition for their strengths. You Go Girl!” - A university professor from Kelowna, BC in her 50s.
“To me feminism means the equality of men and women, as well as the equality of all races, sexual orientation, and class. It is the equality of all, but focusing on the equality of the sexes. I am definitely a feminist and proud to be one!” - A 24-year-old student from Victoria, BC.
“What do I think about feminism? It’s awesome, and I’m glad it happened. Otherwise, women would be stuck back in the 50s, high on Valium, scrubbing the floor in our Sunday best. I suppose the start of feminism glimpses further back than that. Thank god we can vote now, wear pants when we want, and not have to worry about leav-ing the house without a male escort. Do I identify as a feminist? Yes and no. I’m definitely not a hardcore feminist. I enjoy the domestic aspects of my life, including cooking a yummy meal for my boyfriend. I also have no problem allowing him to buy me things. I’m sure few women do. I’ll probably always wear a bra, make-up, and dress in sexy lingerie on occasion to please my man. However, I will never compromise my health (again) and beliefs to fit into a cookie-cutter model of what has been determined ‘beautiful’ by public perception. And, I would absolutely hate it if a man ordered for me at a restaurant without asking, but I would like it if he opened the door for me walking into the restaurant… Feminism has resulted in a lot of positives for women in today’s society; however, we are far from getting where we need to be. I don’t know if equal rights across the board in all aspects for men and women is ever possible. There are too many countries in the world that still abide by religion and law that prevent women from ex-ercising any rights at all. We still have the glass ceiling. We still have that man in every work environment who will flirt relentlessly, comment on your breasts, or flat-out proposition sex. Women still do the majority of housework, cooking, and child-rearing in most households. Overall, feminism is a good thing. I think some women can take it to extremes though.” - A 30-year-old Admissions Officer at a professional college in Vancouver, BC.
“Yes, I am a feminist and I am proud to say so. I think that there are a lot of folks who are feminists but they just don’t know it. We live in a patriarchy that functions on the oppression of certain groups, so feminism, given that it’s about equal rights for all, is seen as a threat. Because of this, it has been given a bad reputation. Many people actu-ally are feminists, or at least they have the same beliefs and values as feminism, but they don’t know it because they have the wrong idea of what feminism is. I’ve heard so many people say, ‘yes, I believe in equality but I’m not one of those feminist-types’. The feminist has been portrayed in the media as a man-hating, ugly, hairy, bitter lesbian. The truth is, feminism is for everyone and anyone can be a feminist. There is no one type of person that makes a femi-nist. One of my favourite feminists in the world is a straight man! Feminism is a huge movement and ideology and there are different kinds of feminism out there. However, feminism, at its heart, is about recognizing that there are inequalities in the world and this is unjust and must be rectified. Women are one of the most marginalized groups of people in most societies, so a lot of feminist work focuses on improving the treatment of women, but it also consid-ers all marginalized people.” - A 27-year-old medical student in Victoria, BC.
“I grew up thinking I could be the Queen’s Secretary. Her picture was in our living room. My Mother was re-ally the Queen of my world, and the first ‘feminist’ I knew. Feminism was a visceral thing for me growing up and becoming a woman. It meant I could finally wear pants to school, and that was big news in a climate where we walked in the -40 degree bitter winter twice daily. It meant getting a good paying job in my early 20s to pay for my education. I was the first woman in Alberta hired to work on a highway weigh scale crew. I had to fight to get that job in the mid-1970s, assisted by the now defunct Alberta Government Human Rights Commission. It meant ac-cess to birth control when I became sexually active, and when the birth control failed, it meant access to a safe and legal abortion. We were living in Edmonton in 1975 when the Murdoch Case decision came down. My mother was outraged. As a single mom raising five kids on her income as a teacher, I had only a vague understanding of the case, and what it meant. I now understand what fuelled her anger. She told me about the Famous Five, and gave me books to read. We walked in Emily Murphy Park. I don’t know many young women or men today who know the names Emily Murphy or Nellie McClung, or what they mean to civil liberty and human rights in Canada. Through-out the 1970s I read voraciously, like all my friends, both men and women. We passed the books around: The Second Sex and Simone de Beauvoir, Betty Friedan. Anaiis Nin was a cult hero. Germain Greer was wonderful and outrageous. When Gloria Steinem started Ms Magazine everyone I knew got a subscription. Playgirl Magazine ran a centerfold of Burt Reynolds. The world of civil rights was still hot from the March on Washington in ‘63. Martin Luther King’s words inspired the next 10 years of intense hope and struggle for human rights. Feminism was tied to Woodstock, Kent State, and the Peace Movement. It was my coming of age.” - A Community Coordinator for a non-profit organization in her 50s from Victoria, BC.
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Murray Fraser HallPresident’s Message
By Wilma Shim, 3L
Hi Students!
Hope the New Year is treating you all well. Before I tell you about the fun events that the SLS has planned for the rest of the year, I would first like to take this opportunity to thank Matt Grant and his committee members for putting on a great Law Formal. A spe-cial thanks goes to Scotiabank for sponsoring this great event!
Looking forward to the next few months, the Society of Law Students is busy prepar-ing for the highly anticipated Law Show, an event which allows students and professors alike to display their secret talents on the “world stage.”
After the highly successful first-ever “Judge Lamoureux Coffee Shop,” JudgeLamoureux will be hosting another coffee shop on March 3, 2010 at noon in the stu-
dent lounge. The topic is entitled “Building a Practice and Generating Client Loyalty” and more treats will be served!
The Yearbook committee will be having its second meeting on Feb. 22, 2010 at noon.
Happy February,Wilma
MOOT NOTEBOOK By Orlagh O’Kelly 3L
Recent goings on at Murray Fraser Hall have meant lots of play and little work. Thanks to Matt Grant (1L) and the SLS, we enjoyed the classiest student formal in U of C law history at the Belvedere on Stephen Avenue. Students em-braced the Mad Men theme and threw back their style a few decades. The annual Ski Trip offered yet another reason to avoid the library and thanks is in order to Esther Kim (3L).
February and March will turn a page, when students get into the thick of Mooting season. As of publication, the Black-stone debate finalists were announced. Erin Farrell (3L) and Laura Coward (3L) took on the underdogs Tom Hatfield (1L) and Roisin Hutchinson (1L) on February 5, 2010.
Meanwhile, faculty members are keeping busy, including Professor Jennifer Koshan who will go to a conference in Nairobi this month; Jasmine Girgis who will begin funded research on Corporate Restructuring.; and Greg Hagen who will take advantage of this year’s BLG fellowship to research “Internet Gate Keeping in Canada.”
HOT: While second and first years languished in blockweek, third year students enjoyed the gem of blockweek. The trial advocacy course allowed students to learn from Calgary’s best litigators, to cross-examine police officers and to run a trial at the beautiful court house downtown. NOT: Faculty reticence to allow third year students into a recently required course, the dreaded Advanced Legal Research. A few students will never again be so happy to complete a series of mind numbing research projects.
HOT: Liberal leader Michael Ignatieff took advantage of the prorogation to go on a cross country campus tour. A signifi-cant number of law students went across to hear Ignatieff emphasize the importance of the youth and knowledge in the future. NOT: Law students’ inability to pre-empt the trite questions from the crowd on “ do you like torture?” (one stu-dent taunted the older questioner: “I don’t think he goes here!), “what will you do for me,” and are you really Canadian?
HOT: Olympic fever hits the law school when the Torch relay could be viewed from the Bennett Jones Library. Some students also took the opportunity to hear about one of the last sports to keep its doors closed to some (fearless) women: ski jumping NOT: One Olympian place for coffee will not have its lease extended by the University. Ploughboy, a coffee joint in the Earth Sciences building, will shut its doors and its Kicking Horse Coffee makers at the end of February.
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Women in Law Panel
This year, the Women in Law Panel featured five women with diverse backgrounds, ready
to share their experiences with students in attendance. The women spoke candidly about a
variety of issues, such as having children, parenting, making partner, marketing oneself,
and maintaining balance.
Vital Stats
Work Full Time: All
Firm Jobs: Kelly Bourassa (Blakes); Marney Lutz (Scott Hall)
In-house Counsel: Salimah Walji-Shivji (Alberta Health Services); Nancy Brennan
(EnCana)
Worked at a Big Firm at some point: Kelly Bourassa, Marney Lutz, Nancy Brennan
Has Children: Kelly Bourassa; Marney Lutz (2), Susan Pepper (2)
Has a Nanny: Marney Lutz, Kelly Bourassa
Education in addition to Law: Salimah Walji-Shivji (Bachelors & Masters in Social
Work); Susan Pepper (Masters in Religious Studies); Nancy Brennan (Technical Writer)
Text & Photos by Anjli Patel
The women offered great advice on managing one’s career. Ms. Lutz said that building the
courage to tell her colleagues and clients how she was going to run her practice had the opposite
effect than what she expected – it garnered her more respect. Ms. Walji-Shivji maintained that
she has tried to remain humble in her interactions with other professionals. Ms. Pepper felt that
you should always keep in mind that you can’t have control over everything. Ms. Brennan said
that a pivotal point in her career was working with another woman while at a big firm; she
recommended that students seek out a mentor in the early stages of their career.
At times, the discussion caused me anxiety. In the context of work-life balance, Mentor-in-
Residence Virginia May mentioned the infamous quotation, “The law is a jealous mistress.” A
quick search on Wikipedia revealed that those words were uttered by Genevieve Rose Cline
(1879-1959), an American jurist. Apparently, Judge Cline never married and rarely took time off
from work. She believed that law was a difficult career for a woman, and that a woman in law
would have to choose between her career and marriage. In short, Cline’s Wikipedia entry paints
a somewhat bleak portrait of her personal life.
The challenges and uncertainties of the profession were echoed by the panelists. Ms. Pepper
mentioned that it is hard for a woman to have it all; somewhere, something has to give, and
usually it is the woman who makes the sacrifice to work less. Ms. Lutz felt that it is even harder
to manage everything when both parents are working. Ms. Brennan said that the Blackberry has
blurred the lines between one’s work and personal life.
You could certainly accuse me of taking away the most pessimistic points from the discussion,
but I don’t see it that way. The point of the Panel isn’t to provide exact answers as to how I’m
going to deal with the challenges that I face as I move forward with my career. Rather, the point
of the Panel is to give students a solid idea of what the challenges might be, and how different
women in different situations, all brought together by law, the common denominator, have dealt
with them. The Panel promotes awareness of issues, and for this reason alone it is worth
attending. Many thanks to Maryanne Forrayi for organizing the event.
The Panelists, from left to right: Kelly Bourassa, Marney Lutz, Salimah Walji-Shivji, Susan Pepper, Nancy Brennan
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Name: Gillian D Marriott
Hometown: Originally from BC but have lived in Calgary since 1988
Undergrad Major: BA (with distinction) in Sociology from Carleton University in Ottawa (1984)
Law Education (school, LLM?): LLB 1984 from Dalhousie Law
Area of Practice: was Family Law from 1996 to 2008, currently not in active practice
Law Work History: Articled in BC moved to AB in 1988 and worked with Howard Mackie now Borden Ladner Gervais until 1994 then left for a couple of years and did research up at University of Alberta. Resumed practice in 1996 with Dunphy Best Blocksom, prac-tising exclusively in the area of family law. I was co-managing partner of the firm from 2001 until 2008. In 2009 I left to assume the role of Executive Director of Pro Bono Law Alberta
Married? I am married
Children? If so, how many? 3 adult step-children and 6 grandchildren
How do you maintain work/life/family balance? I maintain balance by being organized and am as committed to my family/volunteer roles as I am to my job.
What do you do to keep sane? To keep sane I workout, run 1/2 mara-thons, play golf and drink wine all with good friends and family.
One thing people in law don’t know about you: I am a certified scuba diver and have dived in both Hawaii and off the Great Barrier Reef in Australia
Advice for up and coming women entering this profession? be brave, take chances and don’t be afraid of change or of being the catalyst for change.
Judge Lamoureux
Judge Lamoureux graduated from the University of Alberta Faculty of Law with distinction in 1975. For twenty years she practiced exclusively in the field of civil litigation Her preferred are of practice was medical negligence and serious personal injury.
Judge Lamoureux arrived in Calgary in the early 1980’s and established Calgary’s first all female law firm Lamoureux Hill and McKay. She received a Queen’s Counsel appointment in 1990 and is a char-tered mediator so qualified by the ADR Institute of Canada. Judge Lamoureux received an LLM from Pepperdine University Los Angeles California in 2003. Judge Lamoureix is an adjunct assistant profes-sor at the Faculty of Community Medicine and is the co-author of “Resolving Conflict and Improving Communication:A Guide for Healthcare Professionals”.
Sanity is maintained through extensive travel and time spent in Whistler in a mountain home built to-gether with her sister Dr. Tanis Blench a well known Calgary Physician. Judge Lamoureux is a secret fan of Elvis Presley and is off to Graceland this year to pay respects to The King of Rock and Roll.
Her advice to women beginning the practice: of law “You cannot do it all--so pick and choose your cases carefully, jealously protect your time with your children as they will grow up too soon. Always be curious and never afraid.”
Name: Melanie Gaston
Hometown: St. Catherines, Ontario
Undergrad Major: BAH - English Lit/Soci-ology
Law Education (school, LLM?): University of Calgary LLB
Area of Practice: Commercial litigation, including securities litigation, regulatory matters, commercial contract disputes, commercial leasing, commercial insurance disputes and alternative dispute resolution.
Married? Yes.
Children? If so, how many? 3 girls, ages 7, 3 and 1.
How do you maintain work/life/family balance? Balance? What Balance? A sense of humor and keeping in touch with friends who aren’t lawyers, as well as those who are, is vital.
What do you do to keep sane? See previ-ous answer.
One thing people in law don’t know about you: I listen to late night old time radio shows to relax and I like to paint.
Advice for up and coming women entering this profession? Find and maintain con-nections with people who will mentor and support you in all areas of life, not just legal practice. Recognize that with every profes-sion there are sacrifices to make and only you can decide whether the sacrifices are worth the benefits.
Name: Jennifer Koshan
Hometown: Toronto, On-tario. I am the granddaugh-ter of Ukrainian immigrants who came to Canada very poor but built a success-ful business in Toronto’s garment district. My family moved to Calgary when I was in high school.
Undergrad Ma-jor: BSc. I was aim-ing for med school but completely changed my mind part way through my science degree, and spent my last two years taking obscure yet fabulous courses like Russian literature and German philosophy.
Law Education: LLB Calgary (1988), LLM UBC (1997). Please do not look for class photo but if you find it, recall the style icons of the 1980s. Madonna and Julia Roberts also had bad perms.
Area of Practice: Criminal / Constitutional Law.
Law Work History: SLA (Banff) 1986, 1987; Alberta Court of Appeal 1988-9; brief stint at Dunphy firm in 1990; Dept. of Jus-tice Canada (NWT) 1990-93; LLM 1994-97; West Coast LEAF staff lawyer 1995-98; U of C Faculty of Law since 2000.
Married? I’ve been happily unmarried to the same guy for over 20 years. Greg is senior counsel for the Legal Aid Youth Criminal Defence Office. We met in law school.
Children? Joe (18) is an athlete and guitarist currently sport-ing a cheesy moustache for his dodgeball team; Lucy (14.5) is artsy and an amazing cook (vegan). They can argue their way out of anything; I guess that comes with having parents who are lawyers.
How do you maintain work/life/family balance? For years we’ve lived in the same wonderful inner-city neighbourhood with local schools, child care, sports teams, dance/yoga stu-dios, etc., and we can all walk to work/school. I also insist on family dinners as many nights of the week as possible.
What do you do to keep sane? Spend time in the mountains. Swim. Go to movies. Yoga. Channel Tina Weymouth. Paddle. Drink red wine. Blog. Ride my bike. Spend time with family and friends. But I love my job so that keeps me sane too.
One thing people in law don’t know about you: I plan to be a ski bum when I retire. If you’d asked me the “scariest thing ever” question I would have told you about getting lost after skiing out of bounds in Whitefish Montana, but you didn’t ask, so…
Advice for up and coming women entering this profession? Working in the law is a great privilege, so try not to lose sight of all the things you can accomplish even when it feels like a grind. Stay true to yourself, and keep a sense of humour.
Name: Catrin Coe
Hometown: Calgary now but born in Stuttgart, Germany
Undergrad Major: Management (M.I.S.) and grad school (M.B.A from Queen’s)
Law Education: LL.B. (Calgary) and grad school (LL.M., Cambridge)
Area of Practice: everything from civil to administrative to criminal to family law (and sometimes trusts!)
Law Work History: big firm litigation then legal counsel at the Court of Appeal
Married? To Martin (for almost a quarter century!). We met while travelling in Africa. Astonishingly, he was happy to move from London, England to Calgary.
Children? None. We have two dog-like felines, Erik the Red and Hugo the Boss.
How do you maintain work/life/family balance? My work (as counsel and teaching) is hugely rewarding and I do it in moderation so the balance isn’t distorted. I’m passionate about my non-work life and rarely sacrifice it for work.
What do you do to keep sane? Meditate, do yoga and gym it. In the winter we travel (from December to March, we’ll have been in England (twice), Vietnam, Cambodia, and Palm Springs). In the summer I have a huge flower garden and a community garden in which I grow lots of organic veggies.
One thing people in law don’t know about you: I am a welder and although my welds are pathetic, passers-by often ask if I’ll make them a gate, an arbour or something else that they see in my yard. (I quote them my lawyer hourly rate and they lose interest…)
Advice for up and coming women entering this profession? Be open to the many interesting, challenging, and validating opportunities that exist to practice law. Don’t get caught up in the myth that there is only one “real” way and other options are less desirable. Follow your path, not the well-trodden one.
Mad Men-themed Formal A Classy Affair
Photos & Text by Anjli Patel
The night of Saturday, January 23
was the highly anticipated second
annual Law Formal. Due to a
generous donation by Scotia Bank, a
$25 ticket entitled students to two
drinks and a variety of delicious
hors d'oeuvres, including an oyster
bar. The downtown restaurant the Belvedere was the ideal venue for
the classy event. With the restaurant’s tables and chairs cleared
away, the narrow open space, featuring hardwood floors, mirrored
walls, exposed brick, industrial ceilings, and plush velvet loungers
set the tone for the Mad Men-themed evening.
Students took the formal’s theme to heart. Mad Men, the 1960s New
York City-based television show, inspired attire from as early as
Dior’s “New Look”, up to the dawn of Studio 54. Generally, ladies
opted for fitted dresses with nipped waists and full skirts, and
accessorized with opaque tights, strands of pearls, dainty clutches, and
updos. A few ladies were lucky enough to wear their grandmothers’
fur shrugs, and Corinne Grigoriu had my attention with her
grandmother’s framed clutch. Two of my favourite looks of the
evening were Jennifer Baugh’s (above, left) inky, navy velvet cocktail
dress, and Orlagh O’Kelly’s (above, right) eggplant Prada skirt suit –
both looks were original takes on the Mad Men theme.
While the men generally kept it simple in suits and ties, Kane Richards
and Doug Mac Con kept the theme in mind by wearing a waistcoat and bow tie, and a fedora, respectively.
Special
Thanks to
Scotiabank
for
Generously
Sponsoring
the 2010
Law
Formal
Most importantly, this fabulous event
would not have been possible
without the hard work of Matt
Grant, Jennifer Lee, Aida Rafie,
Kiel Swaby, Melissa Pearson, Elle
Campbell, Sep Alavi, Carolyn
Heimpel, Meg Cleland and Wilma
Shim. Bravo! You have certainly
raised the bar and students’
expectations for next year’s formal!
A Place to Call Home: Inside the Israel and Palestinian Conflict
By Kathryn Mitrow, 1L
Over the Christmas holidays I partici-pated in a small student delegation to Israel to learn about the conflict between Israel and Palestine.
I’ve always been fascinated by Israel, a country of only seven million people, so frequently at the centre of media attention and political debate. Israel is home to conflict, but then so are many other countries much larger than Israel and the media barely looks up.
Israel does not possess any natural resources of significant value, such as water or oil. In fact, most parts of the country are either desert or swamp, and the earth is difficult to farm.
Israel does not occupy an area of strategic importance. Geographically, the country is a long and impossibly narrow strip of land, making its bor-ders difficult to defend.
So why is Israel frequently at the centre of international media coverage and political discussion?
There are several reasons. First, Israel (more specifically Jerusalem) is a place of great significance for three major monolithic religions: Judaism, Christianity and Islam. Each of these religions has a heritage claim in Israel and every year hundreds of thousands of people from around the world visit on pilgrimages. So when things hap-pen in Israel, it matters not just to the people living there but to many people worldwide who have a holy connec-tion to the land.
Secondly, Israel brings the West into the Middle East and this in turn opens the Middle East up to the West. It is the only country in the Middle East with a true Western-style demo-cratic system of governance and a free media. Walking through Israel’s main financial centre of Tel Aviv is like walking through any American metropolitan centre—except soldiers in civilian dress walk around carrying M16s. English is a commonly spoken language and the economy is a rapidly growing diversified market economy. What Israel lacks in natural resources
it makes up for in innovation and boasts one of the most competitive high-tech sectors. Israel is prosperous and the quality of life is high com-pared with the desperate poverty of its neighbours Egypt, Jordan and Syria.
Despite it being a “Jewish state”, Israel is a largely secular society and adheres to the separation of church and state. Rights for sexual minori-ties are considered the most tolerant among Middle Eastern countries and women participate as equals in all fac-tions of society. While Israel does not yet have a constitution or bill of rights, it does have an active Supreme Court which protects the rule of law and civil liberties.
Israel’s “Western” features create tension with neighbouring countries that are governed by political Islam. A speaker we heard from on our trip suggested that some Arab leaders feel threatened by Israel’s presence in the Middle East because its strong West-ern culture both prevents the spread of Islam in the region while promot-ing Western values of democracy and freedom which can undermine the totalitarian power of political Islam.
Thirdly, Israel sits on land claimed by two nations: the Palestine na-tion and the Jewish nation. It is this predicament, not entirely unique to Israel, which forms the foundation of the conflict. Volumes of books have been written explaining the history of the Israel/Palestine conflict. Es-sentially the conflict boils down to two nations claiming the same piece of land as their homeland. In 1947 after centuries of fighting between the Arab and Jewish people living in what was then known as Palestine, the UN decided to split the country into a Jew-ish state and an Arab state. The Arab leaders rejected this plan, leading to a civil war and Israel’s declaration of independence on May 14, 1948. The next day the neighbouring Arab states declared war on Israel, but were even-tually all defeated.
Since then, Israel has been involved in numerous wars and conflicts with neighbouring states. This has resulted in their occupation of new territories, such as the West Bank and the Gaza Strip which are now home to mostly Arab Palestinian refugees. Today these territories are under partial Israeli
military control, but are governed by independent Palestinian governments. The Hamas, which governs the Gaza Strip, has been classified as a terrorist organization by Canada’s government. They frequently fire rockets into Israel, and send suicide bombers into Israeli villages.
This is why Israel put up the much criticized security barrier, which, contrary to what the media reports, is not a wall but mostly a wire fence that snakes along the borders of the Gaza Strip and the West Bank. It was built to prevent terrorists and suicide bombers from entering Israel, and has been successful in reducing acts of terrorism.
The security barrier has not, how-ever, prevented the rockets.
One Israeli village we visited on the boarder of the Gaza Strip had a bomb shelter attached to every bus stop. Vil-lagers only have 15 seconds to run for cover when the siren sounds alerting them that a Hamas rocket is headed their way. This has become a way of life for the people there, who still try and go about their daily business of work and school despite the constant threat of rockets falling into their vil-lage.
While the poorly made rockets typically don’t make it very far and usually land in fields, it is the threat of one potentially hitting a school, house or store that keeps people in a state of fear. This is how terrorism works, by instilling fear in people and disrupting daily life.
Instead of retreating to a safer part of the country, the people in this village choose to stay. They have no choice; if they retreat the Hamas will move in closer and terrorize the next village. At its narrowest point, Israel is only 15 kilometres wide, so every square inch of land matters.
The threat of loss of land forms the strategy behind the heavily criti-cized Israeli settlements. In the past few years, the government has been building settlement communities in the West Bank and subsidizing Israeli citizens to live in them. The idea is to permanently integrate Israeli com-munities with Palestinian communi-ties, making it more difficult for the Palestinians to take over occupied territories and force Israel out.
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While I went to Israel hoping to get some answers to the conflict, I returned with more questions. This makes sense, if the answer was that simple the conflict would be solved by now.
What I did learn while visiting Israel is that the media and many politicians in the West misunderstand and misrepre-sent the conflict. The issues forming the conflict are complex and cannot simply be sandpapered down to a simple “one side vs. the other” dichotomy.
The nature of the conflict, and possible solutions, differs greatly depending on who you are speaking with.While in Israel we spoke with people who advocated a two state Israel/Palestine solution. We spoke with people who
advocated a one state Palestine solution. We spoke with people who advocated a one state Israel solution. We spoke with Arab Israelis who said they wouldn’t leave Israel even if a state of Palestine was created; they were content with the high quality of life they were enjoying in Israel.
We also spoke with people who didn’t care about the conflict—they just wanted to go about living their lives. I was surprised to learn that many Israelis and Palestinians in fact work together each day. On weekday mornings the cars line up at checkpoints between Israel and the West Bank as Palestinians drive into Israel for work and return home in the evenings.
The most interesting conversations I had in Israel were with the locals, who are the most patriotic people I have ever seen. Israeli flags fly from every window and the people there are intensely proud and passionate about their country. I asked one woman what she loved most about Israel, and she smiled and said “it belongs to us, it is ours”. I understood at that point the deep level of satisfaction and happiness it brings to the Jewish people to finally have their own place to call home and be free from the fear of persecution. A visit to the Israel Holocaust Museum cements why the Jewish people need a state, so they will never be left defenceless again.
Israel is a young country, and it will take many more years for peace to actually come to this region. But in the meantime, Israel must do what they can to secure the homeland they have fought to have for 2,000 years.
This article represents an opinion and does not necessarily represent the views of Moot Times
15
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Phone: 403-260-0100 Fax: 403-260-0332
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3,2,1...Profiles!
Name: Tiffany Jay Butler
Hometown: Mayo, Quebec
Undergrad Studies: Bachelor of Public Affairs and Policy Management, Specialization in Human Rights, Carleton University
Pre-law school employment/volunteer experience: Entre-preneur – Rugged Riders Ski and Snowboard events for women. Volunteer - Students to End Extreme Poverty.
Exam Rituals? Drink an excessive amount of tea; eat an ex-cessive amount of Dads oatmeal and raisin cookies; as soon as the exam is over avoid everyone and head straight to the squash or basketball court with Emma.
What do you do to keep sane? Snowboard, squash, listen to music really loud on my record player.
If you could be any place right now, where would you be? I’d be either on a mountain, on a beach, or in Montreal sitting either in Carré St. Louis or on the St. Laurent stoop drinking Notre Vin Maison out of paper bag.
What’s the scariest thing you have ever done? Paintball. I really got into the game. I hope I never have to go to a real war.
Person you look up to and why? My parents because they are hardworking, awesome, inspiring, young at heart, and know how to enjoy life together.
One thing people in law school don’t know about you: I once travelled 20,000km in two months around North America in a 1986 diesel Volkswagen Jetta with no glow plugs (requiring the use of liquid fire starting fluid every time we wanted to start it), and 300, 000 km on it. The car (a standard) was also missing 2nd and 4th gear. It was also my home for two months. No one thought we would make it out of our small town in that thing, let alone around North America. It was great.
Plans for reading break? Kicking horse hopefully, and read-ing up on water law issues in South America like a good little nerd.
Name: Ravina Mann
Hometown: Calgary, AB
Undergrad Studies: B.Comm Finance
Pre-law school employ-ment/ volunteer experience: Helped establish and man-age my family restaurant, Nawab.
Exam Rituals: Listening to DJ Tiesto or Kascade to calm my nerves and help me concentrate, and post-exam shop-ping sprees always help after each exam!
What do you do to keep sane? I usually go to hockey games on my down time... watching my Flames helps me relax. And of course shopping... nothing says happy like a new pair of shoes =)
What’s the scariest thing you have ever done? Free diving off the coast of Lagos, Portugal, over a shipwreck, with no diving experience... thought I was a hero...
Person you look up to and why? My parents. They are the strongest and hardest working people I know. They are my best friends and are my biggest source of guidance and support.
One thing people in law school don’t know about you: Be-fore law school I was deciding between becoming a sports broadcaster or attending law school.
Plans for reading break? Going to the Olympics!!
Name: Brianna Vickers
Hometown: Vancouver, BC
Undergrad Studies: Psychology
Pre-law school employment/volunteer experience: Worked in various ca-pacities in the insurance industry such as claims adjusting, examining, and acting as an insurance broker.
Exam Rituals? Try and keep myself as stress free as possible – create my CANs at least a full day before the exam, get a good night’s sleep and try to do something un-law related the night before (like watching old movies).
What do you do to keep sane? Play with my dog, and eat nachos and drink lots of wine!
If you could be any place right now, where would you be? Laying on a beach in Greece
What’s the scariest thing you have ever done? As lame as it sounds, probably quitting a good job, selling my car to pay for tu-ition and going back to school for 7 years after being out of school for 5.
Person you look up to and why? My dad – he’s the most honest and unselfish person I know and I admire him for always put-ting others before his own interests.
One thing people in law school don’t know about you: That I’m not 22 years old!
Plans for reading break? I’m heading back to Vancouver to spend time with my boyfriend and family and attend a few Olympic events!
Work/Life Balance It doesn’t matter what the voice sounds like, its what’s behind it… The Top 10 fe-male Vocalists to ever grace my Subaru tape deck, stereo CD player, living room turntable, and Itunes playlist… By Adam Oppenheim, 2L1) Aretha Franklin:I was once scrollin’ through a buddy’s Ipod when I hit Aretha Franklin (I didn’t scroll very far…). I scowled, “Aretha Franklin?”… He looked at me cock-eyed like a con-fused dog and said, “you don’t listen to Aretha Franklin.” I then ate my foot… Aretha employs the finest female pipes to ever be put to wax. Number 1 in your programs, and #1 on this list, the uncontested and undisputed, Queen of Soul. Key Tracks: Respect, Think, Chain of Fools
2) Lucinda Williams:Her voice is pure whisky soaked. With a junk and hard liquor growl, Lucinda William’s raspy throat was born in a Nashville crack den. Key Tracks: Changed the Locks, Concrete and Barbed Wire, Jackson
3) Neko CaseClaimed by Canada and the states as a native daughter, the
indie queen has emerged as a true storyteller. Taking the listener for a wander through the vinyl grooves, her honey-dipped voice emits perfection to a fault. Key Tracks: John Saw that Number, Favorite, If you Knew
4) Mavis StaplesHer voice characterizes a people’s struggle. The signature sound from the civil rights era, Mavis’ voice is as impressive today as it was in yesteryear. Comfortable in a group, or all on her own, she dominates the marquee with an unmatched command of the bass clef. Key Tracks: I’ll Take You There, The Weight (With The Band on Martin Scorsese’s The Last Waltz), Marchin’
5) Gwen StefaniIs it wrong to hate someone for her latter-day sins? Forgive Gwen’s solo catalogue, she makes this list for dominating the play-list at my grade-six dance birthday party. Tragic
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Dear K + AYou ask, We answer, Everyone wins @ life. Submit your ques-tions to “[email protected]” (Dude, your toaster’s on fire.) [The views of the prank noise-complaint phone call on ski trip do not represent those of K + A]
[The views of the prank noise-complaint phone call on ski trip do not represent those of K + A]
Q: I’m a 3L; how can I pass law school while doing the littlest amount of work?
K: Well continuing with my boycott of the library, I find the best way to do the littlest amount of work is to actually go to class and try and listen. I have done this as an experiment for 3 weeks and I must say it works really well. I leave every class feeling more and more confused, return to my home and lightly weep into a pillow because of the fear of my impending failure. When I wake up in the foetal posi-tion on my floor covered in Doritos and pop fizz I realize I didn’t do any work last night. Mission accomplished!
A: First of all, treat exams like student loans. Just keep deferring them year after year until either the university forgets about you, or you die. Secondly, take Bobby T’s advice and only do non-mandatory readings in classes like Advanced Civil Procedure or Biotechnol-ogy and the Law. This way you’ll feel like you’re accomplishing something while accomplishing nothing at all. Last but not least, with all this free time start a hobby! Try growing a beard like one prominent 3L we all know. Problem is, growing a bead appears to increase your bravado while actually decreasing your ability to predict simple events in the future. That’s why beard-growers tend to lose $100 bets on whether members of your lame-a$$ Calgary Flames will get traded.
Q: It’s Valentine’s Day; how do I let my BF know I want to go to the next level?
K: Oh. My. Crap. Next level? I am so proud! Do you hear that A? She wants to take her bf to the next level! They are finally going to go for their 6 month STI testing! Finally she can tell him that the burning down there isn’t love, but syphilis. My input: nothing says next level like penicillin.
Kingdom wore out the lens on every Sony boom-box laser, and for that Gwen owns the #5 spot, No Doubt about it. Key Tracks: Spider Webs, Just a Girl, Don’t Speak
6) Lauryn HillWith an LP that defined the 90s billboard charts, Lauryn Hill’s soulful surface was a mere imposter for the aggres-sive, street corner menace, that blasts from your speaker cabinet only after The Miseducation is worn down by the turn table needle. Key Tracks: Killing me Softly, Doo Wop (That Thing), Everything is Everything
7) FeistBrought up in the Stampede city she may be, but a child of Parisian Vaudeville Theaters she is. After a misdiagnosis sentenced her voice to never produce another note, Feist sings with an undeniable emotional vulnerability. Her simple, expressive style ,will be hailed as the voice that guided scores of students to lay down the math book, and pick up the MacBook. She is destined to future accolades as the driving influence for the next generation of female singer-songwriters. Key Tracks: Mushaboom, I feel it All, You and I (On Wilco’s Wilco, The Album)
8) Christina AguileraHave you seen Martin Scorsese’s “Shine a Light”? Put aside your misconceptions that Miss Christina is bubble-gum or dirrty. Here’s a girl who stood toe-to-toe with Mick Jagger, the charismatic front man of the biggest band in
the world. Not content to only hold her own, she in-stead decided to utterly upstage him! A graduate of the Mickey Mouse school of hard knocks, Christina Aguilera is the only mousketeer with a vocal range worth braggin’ about. Key Tracks: Ain’t no Other Man, Live with Me (With the Rolling Stones on Martin Scorsese’s Shine a Light), Come on Over
9) Joni MitchellBorn just an hour south in Fort Macleod, Joni is the most haunting voice in popular music. While she is no slouch in the lyrics department, it’s her vocals that sincerely build the narrative. With a unique ability to wrap her singin’ around her words, her stalwart dedication to the craft has earned her the well-deserved title of living legend. Key Tracks: Coyote, A Case of You, Helpless (With Neil Young on Martin Scorsese’s The Last Waltz)
10) Norah JonesWhen Norah Jones first exploded on the scene, I dis-missed her albums as something couples listened to as they stole frothy kisses at the Glenmore Landing star-bucks. With her distinctive turn–of-phrase and subtle delivery, Norah won over my music-snob sensibilities. Not one to stick with the norm, Jones’ last two discs in-dicates that she is the future elder statesman of her New York blues birthright. Key Tracks: Don’t Know Why, Sinkin’ Soon, Cold Cold Heart
A: Well if you’re anything like me, you don’t have a BF… or even a GF, so try taking your life to the next level! Start writing for your school newspaper – maybe even an advice column where you and some other hack pretend to become more popular by writing satirical answers which nobody reads or even cares about. Also, I’d suggest beginning to pursue women who are either ugly, fat, weird, or obviously nobody’s type. What you wanna do is fall in love with someone – if it’s a classmate, even better – follow them around for a year or two, all the while becoming more of a friend than a lover, then either lose interest or sleep with them and regret it for the next month or two. These tried and tested techniques will get your life back on track and, with that, hopefully even a GF or two. Trust me, you’re asking the right guy about this.
Q: My student loans are running out. How do I make it to the end of the year?
K: I had this same problem about 2 weeks ago, and then just as quickly as my money went to my love of internet por…ummm I mean rent, a solution came into my highly developed business mind. There are like 100’s of people on craigslist offering to hangout under the intimate encounters, but they are getting paid for it! I love hanging out and I also like money. So I put up an add, used some sweet photos of me in my speedo (you know, to show people I like sports), and my electronic mail box blew up! Let’s just say, after this weekend I will not only have all the money I need but will also have so many more cool friends!
A: Well, if you’d read my answer to the first question, you’d know that death is not only one of my top suggestions for student loans, but it is also pretty much a solution for any pressing deadline. However, if you’re not into such an extreme answer, try registering for fewer classes! Sure, you might not have the pre-requi-sites to graduate, but unless the law school suddenly hires the Hardy
Boys to snoop through the pile of student files rotting away in the projector room at the back of 2370, I’ll bet no one would even notice you don’t have the required classes to graduate. Plus, who needs Advanced Legal Research anyway? And I GUARANTEE you Iwan Saunders will feel the same way.
Q: What are the cool winter fashions for 2010?
K: 9 words: Tear away pants coupled with fish net tank top. This is both a male and female trend that is sweeping the na-tion. Well I am not sure if it is both male and female. I saw the fish net tank top in American Apparel and that store blends the male and female fashions in a way that makes me uncomfortable both emotionally and physically…in the lower regions. “I” says he is also strangely aroused…weird.
A: Really, who better to ask than the two most fashionable young guys in school all year round?! Because I like killing two or more animals with one (or even fewer) blunt instruments, I think cat hats will be popular this season! Think about it, what’s more in vogue than looking like a cat is curled up and sleeping on your head. Plus, you’ll also be killing a cat – which is one animal extinction I’d love to devote my life to. There is one main reason for this. When I was young, my aunt and uncle in Edmonton used to have a shitty cat named Penelope. Whenever we’d go visit, this piece of sh*t cat would actually hide and wait to lunge at me with her claws out. And obviously I couldn’t carry a frying pan or a fork around with me to teach this fu*ker a lesson because my family would ask my parents if I were some kind of psycho or something. But really, all I wanted to do was rip this a**hole cat from my tiny leg and dropkick it down the stairs into a bag of BSG dvds, or pick it up by the scruff of the neck and slam its tiny little terrorist head in a rusty screen door. So anyways, cat hats… oh, and those effeminate red Vancouver 2010 mittens – I’ve got mine!
Life Outside Law School Andrea Miller (2L)
What is your life outside law school like?I work for the City of Calgary in Water Resources Strategic Planning and Policy as an “On-call” Re-
searcher. On-call meaning I am there full time in the summer and then 7-8 hours per week during the school year. When I was in first year I knew a few people in my class who worked while going to school, so I thought I would give it a shot this year as well.
What are the benefits of having responsibilities/interests outside of law school? I am lucky as I genuinely like my job and like going there each week. I really enjoy all of the people I
work with and it’s nice to be able to talk to people about non-law related things. My job also gives me an opportunity to apply some of the skills I have learned at school in a practical setting. Plus getting a pay-cheque during the school year is pretty sweet.
What are the drawbacks, if any?I can’t really think of any. When I first decided to work during the school year I was a little apprehensive
about the time commitment and how I was going to deal with it but it has been fine. I think that working has made me more productive with my school work as I know I have less time to devote to it.
How do you make time in your schedule?My job is really flexible. I am basically just expected to be at the Water Centre 7-8 hours each week. Last
semester I had Fridays off so I would go in then, this semester it’s Mondays, but it really varies depending on what is going on in a given week.
What advice do you have for students who want a life outside law school?I think that if you have the opportunity to work during law school you should at least try it. You will never really know
if you can handle something in addition to law school unless you experience it.
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