Some University of Toronto law students headed west to Vancouver recently to participate in Canada's only national law school moot that focuses exclusively on Aboriginal people. Unique to the Kawaskimhon ("speaking with knowledge") Moot is its focus on negotiation, collaboration and open dialogue.
In this non-competitive moot, student teams argue for specific resolutions to a problem based on their written submissions, and all participants join as a collective to work toward a set of recommendations. Hosted by the University of British Columbia law school, March 4-6, 2011, the moot included 16 teams of students from 14 law schools across Canada.
This year's fact pattern brought attention to the disappearance and murder of Aboriginal women across Canada, with a specific focus on the Downtown East Side of Vancouver. Using the Robert Pickton trial and subsequent public inquiry as a stepping point, each team represented potential parties affected by this issue, including First Nations and women's organizations, and individual family members.
Each team created an opinion letter for their clients outlining legal avenues that could be pursued, including litigation, an inquiry request, exploring international options and engaging Indigenous processes and mechanisms. The teams proposed or developed terms of reference that would apply the public inquiry.
The University of Toronto had two teams in this moot: Amanda Carling, Mireille Giroux and Amanda Montague-Reinholdt represented the Assembly of First Nations; and Elyssa Orta-Convey, Karenna Williams and Erin Pavan represented Aboriginal Legal Services Toronto. The teams were coached by Professor Douglas Sanderson and lawyer Katherine Hensel, with additional faculty support from Professor Kent Roach and administrative support from the Aboriginal law program coordinator, Lisa Del Col.
"Participation in the Kawaskimhon Moot affords opportunities that are otherwise unavailable in the law school experience," said Karenna Williams, 3L. "By combining negotiation and consensus-building skills with public speaking and analytical thinking, this moot challenges its participants in exciting and effective ways. The Kawaskimhon Moot brings together a unique group of students interested in Aboriginal issues and social justice, and provides them with a forum to discuss ideas and the potential to make positive changes. Rather than focus on an entirely hypothetical situation, the Kawiskimhon Moot pushes students to address current and pressing Aboriginal issues."
The U of T law teams' presence and acumen was duly noted by facilitators, students and elders attending the moot. Not only did both teams make superb presentations and soundly answer tough questions from the facilitators, they also made important contributions to the negotiation sessions.
