Students tackle issues of data tracking and privacy
By Lucianna Ciccocioppo
It was standing-room only in Alumni Hall on October 2, for the 2014 Grand Moot, sponsored by long-time firm partner, McCarthy Tétrault. More than 140 people attended, or watched on the video feed in an overflow room, to hear the best-of-the-best student mooters at the Faculty of Law argue issues about tracking data, privacy and the Charter.
Mooters included 3Ls Daniel Urquhart and Lauren Harper vs. Kathleen Elhatton-Lake and 2L Samuel Greene. Jennifer Bates and Christophe Shammas wrote the problem and organized the event as the student co-chief justices--“the unsung heroes of the Grand Moot,” said Interim Dean Jutta Brunnée in her introduction.
“The Grand Moot was exhilarating and exhausting,” says Urquhart. “While most of our peers were enjoying one of the few genuinely stress-free times in the law school, we spent 10 weeks in a desperate battle not to embarrass ourselves in front of some of the greatest minds in Canadian law. There are surprisingly many ways to sound like an idiot in 20 minutes of talking. Thankfully, I think we spent our 10 weeks well and managed to avoid that.”
It was an amazing experience. Few lawyers—let alone law students—ever have the honour of arguing before a panel as distinguished as that one.
The esteemed panel of alumnae judges—Madam Justice Rosalie Silberman Abella, LLB 1970, Supreme Court of Canada, Honourable Madam Justice Gloria Epstein, LLB 1977, Court of Appeal for Ontario and Madam Justice Bonnie Croll, LLB 1977, Superior Court of Justice—examined the arguments and questioned the students, but didn’t “let us off easy,” says Greene.
“It was an amazing experience. Few lawyers—let alone law students—ever have the honour of arguing before a panel as distinguished as that one. Obviously, I was very nervous beforehand, but once I got up to the podium I tried to let my preparation take over… These judges honed in on the weak points in the argument and asked very probing questions. When that happens, you just have to rely on the fact that you've researched the issue enough to speak with confidence about the case law and the broader philosophical issues at play.”
Elhatton-Lake has been involved in mooting since her first year at law school. “I’ve always enjoyed advocacy. I loved being able to work with a team—an opportunity that is rare in most classes. The thrill of competition also drives me. I love working with a moot team and coaches to create the best advocacy strategy to win.”
Harper says the Grand Moot was the biggest challenge of her law school career, "but it was really rewarding in the end. The Chief Justices came up with an interesting and challenging problem, the panel was very entertaining and overall it was a great learning experience."
For law students interested in pursuing litigation, mooting is one of the best forms of career preparation. "I tried out for a competitive moot because I have an interest in litigation," explains Harper, "and I wanted hands-on advocacy experience. It's a great way to learn about written and oral advocacy from experienced student coaches, faculty, and lawyers in the community."
Giving back to the law school community is one of the many reasons McCarthy Tétrault returns year after year as the event sponsor.
“We had 11 members of our firm attend this year, including several former Grand Mooters, and that really highlights how seriously we take this event,” says litigation partner Elder Marques, JD 2005, “and how much we value the mooting tradition at the Faculty of Law. We care in a profound way about oral advocacy as an integral part of the legal profession and the legal system. This is a wonderful event that showcases that, so we’ve always been very proud to be involved.”
Litigation partner Sarit Batner, JD 1998, says it’s an annual event she tries not to miss. “I had the privilege of mooting in the Grand Moot 17 years ago! McCarthys was the sponsor back then too. Since then I have been able to enjoy the Grand Moot almost every year. As an alumna, and frankly as a member of McCarthys and a member of the bar, it’s terrific to see the calibre of the up-and-coming lawyers, as well as their engagement and poise. Truly a treat.”
Alumnus Geoff Hall, LLB 1991, also a litigation partner, says he was equally impressed. “I saw the mooters both in a run-through and in the Grand Moot itself, and found them to be as good as any (and better than most) of the advocates I have seen in the Supreme Court of Canada and the Ontario Court of Appeal. The way they had thought through every argument and counter-argument was spectacular.”
Adds Batner: “The Grand Mooters’ arguments were terrific. They were calm under pressure, held their ground under serious fire from the bench, and handled themselves with humour. They were very well prepared. No blunders! The problem this year was also particularly engaging and well put together.”
Justice Abella summarized the reaction using a highly technical judicial term: ‘Wow!’
For Elder Marques, “It was a great display of how oral advocacy actually works when you are fortunate enough to have really talented advocates.”
Unlike most competitive moots, there’s no declared winner and no scoring. As is customary, the justices retire for a short period and return to announce that they are “reserving judgment.” They do however provide feedback which was 100 percent positive, says Assistant Dean Sara Faherty. “Justice Abella summarized the reaction using a highly technical judicial term: ‘Wow!’”
Even though he’s only in his second year, Greene says mooting “has been the best part of law school. For me, the Socratic dialogue that happens during a moot is the most fun way of examining legal principles and the complex problems to which they can be applied.”
And Elhatton-Lake says: "I’ve become a better advocate, a better writer and hopefully I'll be a better lawyer!"
Of course, many students commit to mooting because of more obvious reasons.
“I really enjoy arguing,” says Urquhart. “I am terribly unwitty in conversation and always come up with the clever comeback hours later. In mooting, you plan everything out in advance, so I can come across as far more charismatic and smart than I really am.”
