The U of T teams taking a break from the proceedings at the Wanuskewin Heritage Park in Saskatoon, Saskatchewan. Pictured, L-R: Gillian Reiss, Justin Basinger, Jay Potter, Promise Holmes Skinner, Jonathan Charland, Lisa Del Col and Cliff Anderson
By Lisa Del Col, Aboriginal Law Program Coordinator, Faculty of Law
On March 2-4, the University of Saskatchewan College of Law hosted the 2012 Kawaskimhon Moot at the Wanuskewin Heritage Park in Saskatoon, Saskatchewan (http://www.wanuskewin.com). Eighteen teams of students from law schools across Canada travelled to participate in the only national law school moot that focuses exclusively on Aboriginal issues.
Kawaskimhon, which means "speaking with knowledge", is a unique moot as it is non-competitive in nature. This moot instead focuses on negotiation, collaboration and open dialogue; student teams argue for specific resolutions to a problem based on their written submissions, and then all participants join as a collective to work toward a set of recommendations.
This year's problem was an exercise in multi-party negotiations to develop a process for dealing with the interpretation of historic treaties, such as the numbered treaties, the Treaties of Peace and Friendship, the Robinson Treaties and the Douglas Treaties. The nature of the processes and practical issues were to be determined by the participants in their submissions and negotiations.
Another unique feature of the Kawaskimhon Moot is how submissions are presented in circles, as circles represent important principles in the Aboriginal worldview and belief systems. According to traditional teachings, the seasonal pattern of life and renewal were continuous, like a circle, which has no beginning and no end. Circles suggest inclusiveness and the lack of a hierarchy. The teams presented their proposals to the circle of participants. Following these submissions, teams broke into smaller groups to work toward an agreed-upon process.
The University of Toronto Faculty of Law had two teams in this moot: Jonathan Charland, Promise Holmes Skinner and Cliff Anderson represented the Nishawbe-Aski Nation, and Justin Basinger, Jay Potter and Gillian Reiss represented the Government of Ontario. The teams were coached by Professor Douglas Sanderson and Bryce Edwards, a partner at Olthius Kleer Townshend. Additional support was provided by Lisa Del Col, the Faculty's Aboriginal Law Program Coordinator. Both teams made superb presentations and contributed greatly to the negotiation sessions.
In keeping with the themes of Indigenous issues and worldviews, there were also several cultural touches that exposed those in attendance to traditional values and practices. Each day was opened and closed by an Elder, and the participants were treated to drumming and dancing sessions. Overall, the 2012 Kawaskimhon Moot was a great success enjoyed by all. The University of Saskatchewan did an excellent job of organizing the event, balancing both academic and cultural experiences to make for a memorable weekend for all.
