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! Canadian Law Students Association

BOND!UNIVERSITY! !

Semester!141!!


1 APRIL, 2014

EDITOR’S NOTE Hello law students, For the past year my goal as Publications Director has been to enhance the bond experience for all students. My mission is to keep Canadian law students connected and provide all law students with an opportunity to be recognized for their achievements. As I put together my last publication for the CLSA I am reminded of the responsibility it takes to carry on the banner, as others did before us. I would like to be the first to congratulate our new team moving forward into the May semester.

voice heard. Lastly, a special thank you goes out to Jasmine Singh for her help with the creative design and layout of this issue. Exams are fast approaching and the CLSA has an open door policy, so please feel free to stop by for a Tim Horton’s coffee boost.

Frank De Palma Publications Director

President – Sunny Gakhal Vice President – Jasmine Singh Finance Director - Joe Corriero Publications Director – Keith Torrie Social Director – Louis Luciani Competitions Director – Natalie Dempsey Admin Director – Santino Lofranco In this issue we have focused on providing relevant information for current and graduating students. Our focus has been towards what current students are doing outside their studies, advice from Canadian Bond law alumni, and to reflect on what a busy eventful semester we have had. Before I sign off, a special thank you goes out to all Bond law students who have contributed to this semester’s issue. I would encourage everyone to get involved in making our publication stronger by having your

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MEET#YOUR#CLSA

Name: Matthew Rendely Position: President

Name: Luke Godin Name: Santino Lofranco Position:Vice President Position: Administrative Director

Name: Jasmine K Singh Position: Competitions Director

Name: Frank De Plama Position: Publications Director

Name: Sunny Gakhal Position: Finance director

Name: Joe Corriero Position: Social Director

Table#of#Contents

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Meet your CLSA

17

CLSA Welcome home BBQ

33

Graduating Class 133

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Introduction

18

What are Students doing outside of School

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Message from the GDO

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How people are staying active

Welcome Mr Vern Krishna to Bond

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Law Practice Program Interviews The politics of revenge versus the integrity of justice

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St. Partricks Day

23

The Wilsom Moot

25

Catching up with Alumni 2


The Canadian Law Students Association welcomes you to Bond! With approximately 300 Canadian law students making up 1/5 of the Law faculty, you may quickly realize that there are many Canadians studying here at Bond. The Canadian Law Student Association ‘CLSA’ prides itself on being the Canadian voice on campus. Bond University is a remarkable place to study law and the CLSA is here to help prepare you for the many challenges that you may face during your law school career. Where and The the transition as The CLSA is When here Does to make Wilson Moot Take Place smooth as possible! The main function of the The Wilson Moot takes place CLSA is to make life easier for Canadian each year on a Friday and students atinBond and to facilitate the process Saturday late February at Federal Court facility ofthe returning home. We inprovide information Toronto. Several rounds sessions on the National Committee of take place each day with Accreditation process, as well as information three judges on each panel. final mootwishing betweentothe forThe Canadians stay in Australia. But, two top teams is held it’s not all business! We also host many social before a panel of judges on events to help balance the Saturday afternoon with your demanding the winnerregime. announced at a academic

All CLSA members work very closely with the Graduate Development Office (GDO) to inform students of work opportunities during and after their degree. As a student studying law, it is very important that you develop your career awareness early in your studies at bond. We are affiliated with a team of dedicated specialists in the GDO to help assist Canadian students to identify and plan their career opportunities. We strongly encourage all Canadian law students to drop by Nadia Singh’s office on level 3 of the law building for career advice. Nadia Singh has taken the opportunity to write the following message on behalf of the GDO

Frank De Palma Publications Director

dinner on Saturday evening.

THE CLSA OFFICE IS LOCATED IN ROOM 2_13 OF BUILDING 4 DROP BY ANYTIME WE’RE HEAR TO GIVE AN EAR!

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Prepare yourself for success Take advantage of all opportunities A message from the GDO Graduating for any student can be daunting. The Canadian graduate market today is extremely competitive and as a student, you need to be well prepared. As such work experience is an invaluable opportunity to:

As an international student, gaining work experience while you are studying in Australia is important so that you have a strong resume when you are applying for articling positions back home. Some tips to consider are:

!  Gain practical experience in an area of law; !  Increase an understanding of the work that is involved; !  Develop time management skills by balancing university expectations and work expectations; !  increase your skills sets and therefore the prospects of securing a graduate position in the future; !  Provide experience in writing applications and interviewing;

!  Apply for opportunities that are advertised through the University; !  If you are planning to go home during the semester break, connect with firms in advance !  and ask if you can meet with them to discuss opportunities; !  Think about your personal network and utilize this when seeking positions; !  Ensure that you meet with a Bond University careers consultant early in your degree to map out options.

Gaining practical and relevant legal work experience is important in providing you with an insight into the firm and an invaluable opportunity to network with representatives from the firm. It also provides you with the opportunity to apply your legal skills and put them into practice.

Take up the opportunity and gain the work experience. It will only benefit you. The Faculty of Law prides itself on our graduates and understands the importance of supporting you in becoming work ready. Do not hesitate to schedule an appointment with a career specialist. Appointments can be made by contacting cdc@bond.edu.au

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GRADUATE DEVELOPMENT OFFICE Make an appointment and go visit them! The Faculty of Law prides itself on the quality of our graduates and embraces the importance of developing the employability of our students. The Graduate Development office (GDO) provides services to law students, Students’ experiences are enhanced though the provision of expert services which assist law students in identifying Career objectives and plans within the profession.

Overview of services offered: ! Career Action Plans ! Careers Workshops, Seminars and Panels ! Graduate Employment Assistance ! Legal Career Guidance ! Professional Engagement ! Seasonal Clerkship Assistance ! Work Experience Opportunities ! PLT placement Guidance and Assistance

Career Tips Planning: ! Be Aware of application deadlines for graduate positions in Australia or articling positions in Canada and plan accordingly. ! Meet with a GDO specialist and discuss a career action plan in the first year of your degree to ensure that you are on track in achieving your career goals. ! Build your resume and skills while at university by participating in work experience placements and extracurricular activities in order to differentiate yourself. ! Take advantage of the various seminars made available for students Resume: Employers like to see that you are able to balance your studies, work experience, extracurricular activities and personal life. The objective is to showcase your skills and highlight exactly what you can offer an employer through prior demonstrated experience. Interviewing: Be prepared. The GDO offers legal mock interviews for all students to prepare for the interview process. Students should utilise this

service as it provides an insight into questions that should be considered.

Experience and GDO Achievements The GDO is a resource for law students. GDO Specialists have extensive human resource management skills and knowledge within the legal sector which are used to provide students with essential advice on market trends, employment strategies and applications. Achievements for us within the GDO include working students regarding employment strategies or applications which have lead to them successfully gaining employment or work experience. Additionally, we enjoy building strong working relationships with individual students, enabling tailored advice to be deliver and students feeling at ease when raising any concerns or challenges they face, Furthermore, we actively continue to develop working relationships with law firm contacts in Australia and overseas to enhance work experience, internship and graduate opportunities for Bond law students. Life After Bond It is important to continue working diligently and gaining a variety of experience as you should always continue to build on your skills which inevitably enhance your career options. Have your goals in place and continue to work to-wards these (remember the road does not have to be a straight one, it can have many bends and turns to achieve your ultimate goals).

As a student studying law, it is very important that you develop your career awareness early in your studies.

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ARTICLING APPLICATION 2015- 2016- Are you ready? Articling positions will open soon for 2015-2016. Depending on the Province you will be returning home too – application deadlines will vary between May and July. It is important to understand these deadlines and to start preparing your applications accordingly.

Hints and Tips 1. Prepare your list of preferred firms. Start making a list of the firms you would like to apply too. When making your list, capture contact details, deadlines and most importantly why you would like to work at the firm. This will ensure that you personalise your covering letter. 2. Personalise your Application. Firms understand that you are applying for various opportunities, but take the time to read their website and personalize your application. Tell them who you are and the strengths you can bring to the firm and evidence that you have applied yourself throughout your studies. Ensure that your application is “well rounded”.

Your application should include: •

A covering letter that outlines your interests and suitability for the position.

A resume which outlines your educational qualifications, work experience, employment history and extra-curricular activities.

Transcripts – both undergraduate and postgraduate

A copy of the Bond grading scale

Understand the NCA and Licensing Process: It is important that you understand the NCA process along with the licensing process for the relevant Province.

Set Goals: The application process is time consuming so it is important that goals are set for writing applications. Each application takes times and you want to ensure that it differentiates you and what you can offer the firm. Ensure that you have a friend or family member review your application.

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ARTICLING POSITIONS 2015/2016 Below is a reminder of the upcoming applications dates for articling positions for 2015/16. It is important to remember that each province and territory has different requirements for being called to the bar. In addition, the education component administered by the relevant law society and practical component are different in each region. A summary of this is provided in the Career Guide for Canadian Law Students. For your convenience a summary is provided below.

ONTARIO •

The Law Society of Upper Canada regulates student recruitment more strictly than any other law society in Canada. Please refer to the full recruitment guidelines provided by the Law Society of Upper Canada for further information at

OTTAWA •

Application deadline: Not before Tuesday, 20th May 2014.

Communication of time and Date of Interviews: No call date for interview offers.

Interviews: Weeks of June 2 – June 13, 2014.

Communication of offers: Not before 8:00 am on Wednesday, 18th June 2014.

TORONTO •

Application deadline: Not before Friday, 4 July 2014 at 5:00 pm.

Communication of time and Date of Interviews: Not until 8:00 am on Friday, 18th July 2014.

Interviews: Not conducted prior to 8:00 am on Monday, 11th August 2014.

Communication of offers: Not prior to 5:00 pm on Wednesday, 13th August 2014.

COUNTY MIDDILESEX •

Application deadline: Not before Friday, 2nd May 2014.

Communication of time and Date of Interviews: N/A

Interviews: Shall be held in the week of 26th May 2014.

Out of province candidates may be interviewed prior to the week of 26th May 2014. However no offer may be extended prior to the offer date and time.

Communication of offers: Not prior to 8:00 am Monday, 2nd June 2014.

CITY OF HAMILTON •

Application deadline: Not before Friday, 2nd May 2014.

Communication of time and Date of Interviews: N/A

Interviews: Shall be held in the week of 26th May 2014.

Out of province candidates may be interviewed prior to the week of 26th May 2014. However no offer may be extended prior to the offer date and time.

Communication of offers: Not prior to 8:00 am Monday, 2nd June 2014.

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BRITISH COLUMBIA Please refer to the Vancouver Bar Association (VBA) recruiting Guidelines for further information.Please note that students are advised to confirm application deadlines on each firm’s website.

Vancouver – application date – usually June 30.

Interviews held – usually in August (usually be the same week that interviews take place in Toronto)

ALBERTA •

For further information, please refer to the recruitment rules and Code of Professional Conduct set by the Law Society of Alberta.

CALGARY & EDMONTON •

Application deadline: Deadlines are set by individual law firms – please note that this can be as early as the beginning of May. Therefore students are encouraged to complete their own research.

MANITOBA •

Application deadline: At 12 noon on Friday, 16th May 2014.

Communication of time and Date of Interviews: Between 10 am and 12 pm on Friday, 30th May 2014.

Interviews: not conducted prior to 8:00 am on Monday, 2nd June 2014 and Friday, 6th June 2014.

Communication of offers: As of 4:00 pm on Monday, 9th June 2014

SASKATCHEWAN •

Application deadline: Not before Friday, 9th May 2014.

Interviews: Conducted during the period Thursday, 22nd May to Friday, 23rd May 2014

Communication of offers: From 10:00 am on Tuesday, 27th May 2014

ATLANTIC PROVINCES •

There are no set guidelines for the recruitment process in the Atlantic region.

Applications are generally due in early January for articling start dates in the summer of the following year.

For more information, please contact the appropriate Law Society. o Law Society of Prince Edward Island: lawsociety@lspei.pe.ca o Law Society of Newfoundland and Labrador o Law Society of New Brunswick: general@lawsociety-arreau.nb.ca

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LAW PRACTICE PROGRAM

Ryerson University and the University of Ottawa to deliver Ontario’s Alternative training program for becoming a Lawyer. Until now, all Ontario lawyers had to complete the traditional articling process before being called to the bar. But last November, the Law Society of Upper Canada announced it would be running the Law Practice Program (LPP), a pilot project intended to give aspiring lawyers an alternative pathway to the Ontario bar. Ryerson University in Toronto will deliver the English-language LPP and the University of Ottawa will deliver it in French. The experiential legal training program will consist of a four-month training course and a four-month work placement. The LSUC outlined the competencies for the foundational skills it requires students enrolled in the LPP to develop. They include: negotiation, drafting, interviewing, strategy, tactics, ethics, professional responsibility, and an understanding of how to manage a law practice. The LSUC estimates the total licensing fee for the LPP will be $5,311 per student. However, the law society approved a $1-million lawyer licensee contribution, or $25 per member, to reduce the cost per student by about $500 to somewhere around $4,700. Every student, whether they take the LPP program or not will have to pay it. Last year the licensing process cost a little more than $2,700. The LPP is set to begin in September and both schools are well underway.

Ryerson University Ryerson plans to deliver most of its content via online simulations. The university is using the expertise at its Chang School of Continuing Education to offer “innovative online delivery methods.” “What the Chang School can help us do . . . is bring those simulations to life in a realistic way,” says Chris Bentley, executive director of Ryerson’s LPP. “[Students will] get a sense that you’re really in a negotiation and that there are external factors that creep in that complicate it.” 9


Ryerson will organize its LPP students into virtual law firms of four to six students who will be expected to set up a law firm and conduct business together. “Those four to six students may be all over the province,” says Bentley, a former attorney general of Ontario. “There may be two in the GTA, there may be one in London . . . they’ll all work together online as a law firm and they may be negotiating something with another law firm of four to six students spread in other communities.” The four months of virtual training is intended to give students the practical skills required in a real-world setting. “It’s not going to be simply a collection of people speaking online and watching — that’s not what this is. This is a skill-based, practice-based approach to learning,” he says. Ryerson has also developed a relationship with the Ontario Bar Association. “They want to work with us to make sure that the training program is as strong as it needs to be to meet the needs of the public through the profession when these lawyers are licensed — and we want that, too,” says Bentley. “So, getting ongoing input and advice from people who are practising law now is at the heart of the success of the training program.” The OBA is ensuring the program is delivered so it is reflective of the priorities of people in practice. “Because lawyers are licensed to practice any type of law once they are called to the bar, we’re consulting with all of our sections and some of our 17,000 members across the province to get feedback on the program as it develops,” says Doug Downey, OBA treasurer and head of its LPP advisory committee. The OBA is looking forward to seeing how the LPP turns out, says Downey. “It’s going to be a much more effective process than a lecture format — an individual student will spend three years either in class or doing some hands-on, but it’s very minimal,” Downey says, noting the LPP thrusts students into real-life scenarios. “It’s a simulation, but you’re acting on actual factscenarios, you have to make decisions, you have to draft documents. You’re really virtually in the trenches.” Ryerson has also begun building partnerships with the legal community across the province to support the work placement opportunities in all areas of practice, size of firm, and type of organization, including those where articling positions are not as common, such as in-house counsel, NGOs, legal clinics, small firms, rural firms, and criminal and family practices. “The key for a work placement is that the student gets some exposure to how legal principles are applied in practice,” says Bentley. “It doesn’t necessarily mean the student will end up doing that type of work, but it is important to get some exposure to how you apply your legal knowledge in practice. That’s one of the exciting things about this approach to the transition year between the end of law school and the beginning of licensing.” 10


University of Ottawa One of the first things the University of Ottawa did to prepare its proposal for the LSUC was consult the francophone community to identify its legal needs. This included legal clinics and the Association of French Speaking Jurists of Ontario. “They told us, for example, that a mentorship program was really important to help students transition from the role of students to the role of lawyers,” says Anne Levesque, director of the University of Ottawa’s LPP. “They also said that for francophone lawyers, it was really important to be aware of community groups and the services available in French to allow clients to be served in French from A to Z — from the time they enter the lawyer’s office to the time they walk into the courtroom.” Through its consultations, The University of Ottawa realized it was important to build relationships with northern communities lacking French-speaking lawyers. The school is considering holding some of its modules at Laurentian University in Sudbury to build ties with the Northern Ontario francophone community. The University of Ottawa and Laurentian have already developed a relationship, according to Levesque, who notes running a module there could be fitting because the AJEFO is holding its annual conference in Sudbury in October 2014. The University of Ottawa will encourage its students to take placements in Northern Ontario to respond to the needs identified in consultations. The university has a moral responsibility to provide assistance to the francophone community and has always felt it to be integral to its mission, says common law dean Nathalie Des Rosiers. “We are committed to creating an excellent program that will respond well to the needs of the community and provide lawyers that are ready, willing, and able to deliver right away services that are needed.” The University of Ottawa is still sourcing placement locations. “We’re still in the process of contacting firms to identify where we’re going to place our students,” says Levesque. “But we’ve been told that there are quite a few communities that are underserved in French, so we’re looking at creating those ties.” Like Ryerson, University of Ottawa says its priority is to find paid placements for its LPP students. The University of Ottawa has also begun hiring its staff, including administration and supervisors, for its virtual law firm. “They’re not only the experts in their areas, but they’re also lawyers who are particularly known for being engaged in the community,” says Levesque. “It will help the students understand how to network and how to build a clientele.” The University of Ottawa’s program will also be primarily online-based. Students will “meet with clients” and then have an assignment to complete. “It’s going to be to recreate the law firm experience,” Levesque says. 11


As they work through the case, they will be able to refer to online tools to help them through the process. “In the same way that you’re a junior associate or an articling student, you sometimes go off and you have to write a factum and while you write, you don’t really know what you’re doing and you knock on someone’s door and you ask a few questions,” Levesque says. “We’re going to recreate that experience by creating podcasts that students can access while they’re working to provide them with guidance on their assignments.”

Lakehead University When the LSUC approved the programs at Ryerson and the University of Ottawa, it also approved another option for fulfilling the experiential training component of its licensing requirements — the integrated practice curriculum at Lakehead University in Thunder Bay, Ontario. The law program at Lakehead is in its first year and inaugural students qualify for the program. Graduates of its JD program will only need to pass the licensing examinations and satisfy the LSUC’s good character requirement to be eligible to be called to the Ontario bar. They will not be required to article or complete the LPP, allowing them to be fully licensed in three years. To make up for the difference, students will be putting in more hours. It should be equivalent to one extra semester — which works out to three additional hours per week, according to Steusser. Law professors and practitioners will teach skills-based tutorials and classes in each year. “We integrate skills into all of our courses,” says Lee Stuesser, Lakehead Faculty of Law dean. “We’ve looked at what the law society requires for their lawyering skills. We map them and we can show the law society that, for example, negotiation is covered in this particular course at this particular time.” In the third year, students will complete a four-month work placement in Northern Ontario. While placements may not take place at traditional law firms, students will need to be properly supervised, says Steusser. “That would mean that their supervision would have to come from a lawyer and not, for example, from a paralegal,” he says. Lakehead’s placements will not be paid. “The reason for that is that university placements cannot be paid. It’s as simple as that,” says Stuesser. “These placements are like medical residencies or medical placements, teaching placements, nursing placements — none of those are paid.” Lakehead students will be permitted to article if they choose to do so. “If they have done a placement, for example, and they’re now doing articles, wow, they’re going to be way ahead of students from other laws schools,” says Steusser. Credit to: Canadian Lawyers 4students Written by: Zachary Pedersen Posted on: February 24, 2014 12


INTERVIEWS!!

So you got an interview… You are in a unique position as a Canadian studying law at Bond. Being upwards of 15 hours ahead, and thousands of kilometres from wherever you call home brings a set of challenges that many of us didn’t fully comprehend before touching down in Australia. One major facet of this complication involves interviewing for articling positions at firms in Canada.

2. Classy, not flashy.

This article will touch on some tips and tricks that helped smooth the articling interview process for me.

3. Know the firm and the interviewers

1. If possible, return home for your interviews. I recognize that this is far easier said than done. Money and time are the biggest prohibitory factors in this case. However, if you can justify travelling home to have a face-to-face interview, do it! Skype is a wonderful thing, and it’s a good alternative. However, it shouldn’t be considered a replacement for a faceto-face interview. If the interview season conflicts with school commitments, talk to administration about your options.

Dress professionally and conservatively. Honestly, this isn’t the time for the bright purple shirt and power tie. Guys, make sure you suit fits, is dry cleaned, and is wrinkle-free. Girls, well… I don’t have all that much insight into your fashion choices, sorry! Think ‘mooting attire’.

Don’t walk into an interview having never read the firm’s website. You need to know where their offices are, how many lawyers they have, how many students they have, what practice groups they maintain etc… Anything “googleable” should be in your head. Once you’ve booked your interview times you may notice that you’ve been told who is interviewing you. This isn’t a formality, it’s intentional. You have the opportunity to read their CV and find points that you might have in common. If you are asked a question about your intended path, it would be in your best interest to know if someone in the room works in that field!

I was fortunate enough to have multiple interviews, and in each interview a topic of conversation revolved around my travel experiences. It’s a great icebreaker and it displays your dedication to those firms. A further tip: If you can help it, don’t book your flight to arrive on the night before your first interview. The chances of you getting a good night’s sleep are next to none!

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them, and they’re coming straight at you with questions about them. The best thing you can do is anticipate these questions and head them off on “your terms”. Indicate that you’re aware your undergrad marks aren’t stellar (if that is the case, of course), but explain that you hit your stride at Bond and have excelled at law school. Be prepared

There are many more tips and tricks out there and I suggest you talk to the Law GDO if you’re interested in further advice.

Good luck Bondies… You’ll kill it! Cale Sutherland Articling Student

Also, know your strengths. I Stay confident have strong work history and made sure that whenever I 4. Know your résumé had the opportunity I referred to experiences from my time in banking. This seems like a no-brainer, right? Well… Ask yourself if you can rhyme off It seems easy enough, but a lot of each entry under “personal interests” in interviewees wait for questions to be your résumé. Interviewers will look to asked of them and might leave the ask you questions about anything that interview without discussing some of is abnormal. For instance, I wrote that I their strengths simply because they enjoy the outdoors and reading. I was weren’t asked about them. Be proactive asked what type of outdoor activities and tell them who you are. I’m into, as well as what the best book I read in the past 12 months was. I was 6. Wine & Cheese caught a bit off guard, but I shouldn’t have been. The dreaded social events. Some firms conduct a meet & greet with finger foods and drinks. I don’t think I need to 5. Don’t “wing it”… Build a narrative. tell you not to take this as an invitation The purpose of these interviews is to to booze like it’s Thursday at Don’s. sell you. You know that the firm is Also, don’t have red wine as it’s interested in you on paper, but now it’s distracting talking to people with purple time to show them that your emotional mouths. Do your best to relax at these intelligence is as prominent as your academic intelligence. You won’t do this by stumbling over your answers, or missing the importance of the interviewers’ questions.

events and be yourself. Make sure not to spend too much time talking to the other applicants. The purpose of the event is for you to engage with the lawyers present. I went for the strategy The best advice I can give you is that that a smaller number of longer/deeper you need to know who you are. Know conversations are better than a bunch your weaknesses because they see of short ones, but that’s a choice for you to make. 14


The Politics of Revenge Versus The Integrity of Justice This% past% January% marked% Stephen% Harper’s! eighth%year% as% Prime% Minister.% Since%coming% to% power% in% 2006,% his% Conservative% government% has% pursued% an% aggressive% “tough% on% crime”% agenda% that% is% founded%on%revenge% rather%than% on% justice.% % Despite% the% fact% that% Canada’s% current% crime% rates% are% the% lowest% they% have% been% since% 1972,% Harper’s% crime% agenda% has% included% mandatory% minimum% sentences,% the% construction%of%new%prisons,% a%failed%attempt%to% shut% down% Vancouver’s% safe% injection% sites,% maintaining% the% prohibition% of% marijuana,% and% most% recently% the% implementation% of% a% mandatory%victim%surcharge.% The% mandatory% victim% surcharge% is% a% perfect% example% of%how%the% Conservative%government’s% approach%to% crime% is% one% that% lacks% a% focus% on% justice.% It% is% just% one% example% of% the% many% Conservative%policies%that%have%been%introduced% with% the% goal% of% winning% votes% what% is% in% the% best%interest%of%Canadians.% % First%introduced%in%1989,%the%victim%surcharge%–% not% yet% mandatory% –% imposed% an% additional% Rinancial% penalty% on% convicted% offenders% at% the% time% of% their% sentencing.% The% revenues% were% then%passed%on%to% the%provinces% and%territories% to%help%fund%and%provide%programs%and%services% for% the% victims% of% crime.% % The% Conservative% government%has%recently%demonstrated%concern% regarding% the% failure%of% certain% judges% to% apply% this% victim% surcharge,% a% practice% that% many% judges% have% argued% to% be% harsh% and% unfair% in% light% of% the% circumstances% of% many% convicted% criminals% –% circumstances% that% often% involve% struggles% with%poverty%and% mental% illness.% As% a% result,%the%surcharge%was%not%consistently%being% imposed% on% those% criminals% who% were% being% convicted%of%offences.%

and%the% Conservative% government% were% merely% concerned% with% squeezing% some% of% Canada’s% most%vulnerable%citizens%for%a%few%more%dollars.% This% past% October,% Minister% MacKay% introduced% the% Increasing* Offenders’* Accountability* for* Victims*Act,*which%amended%the%Criminal*Code%to% make% the% victim% surcharge% mandatory.% The% surcharge% now% will% be% 30% percent% of% any% Rine% imposed% for% an% offence% and% where% no% Rine% has% been% imposed,% the% surcharge% is% $100% for% a% summary%conviction%and%$200%for%an%indictable% offence.% In%making%the% victim% surcharge%mandatory,% the% Conservative% government% has% sought% to% force% judges% to% apply% it% in% all% circumstances,% regardless% of% the% particulars% of% the% case.% This% change% to% the% law,% however,% has% only% emboldened%members% of% the%judiciary%to% speak% out% and% to% deem% the% mandatory% victim% surcharge%to%be%unconstitutional.%% % Ontario% Justice% Colin% Westman% is% one% such% member%of%the%judiciary.%He%has%questioned%the% logic% of%the%mandatory% victim% surcharge%on%the% grounds% that% it% represents% a% bull% mentality% against% those% who% have% so% little.% “They% are%

Federal% Minister% of% Justice% Peter% MacKay,% however,% took% issue% with% the% fact% that% the% minimum% victim% surcharge% was% not% being% applied% consistently% to% convicted% criminals;% he% 15


% It% is% not% difRicult% to% Rind% examples% of%precisely% the% type% of% citizens% that% Justice% Westman% was% referring%to.%One%such%example%was%a%case%heard% by%Justice%Schnall,%R*v*Flaro,%2014%ONCJ%2.%In%this% case,% Mr.% Martin% Flaro% was% in% breach% of% recognizance% by% failing% to% comply% with% curfew% and%residency%conditions.% Why?%Well,% Mr.%Flaro,% a%50%year%old%single%man%relying%upon%Ontario’s% disability% beneRit,% was% found% at% 3am% looking% through%garbage%for%empty%bottles%that%he%could% return%for%their%deposit.%

pay.% The% government,% on% the% other% hand,% has% argued% that% the% mandatory% victim% surcharge% provides% crucial% funds% for% victim% support.% However,% Mr.% Sullivan% believes% the% lack% of% Rlexibility% for% the% application% of% the% surcharge% means% victims% will% not% beneRit%from%the%way%its% currently%being%applied.%%

Policies% crafted%to%be%tough%on%criminals% attract% votes% because% they% create% an% illusion% of% safety% for% Canadians.% These% very% policies% become% problems%when%they%weaken%our%justice%system% by% seeking% to% unduly% punish% those% who% are% This% breach% and% conviction% would% normally% weak% beyond%what%ought%to% be% considered%just.% result%in%a%Rine%being%imposed%in%the%form%of%the% This% has% been% the% very% consequence% of% the% mandatory% victim% surcharge.% Justice% Schnall,% mandatory%victim%surcharge%in%Canada. however,% refused%to% apply% the%Rine% because%she% held%that% the%surcharge%violated%sections% 7%and% The%amendment%to%make%the%victim%surcharge% mandatory%is%indicative%of%the% 12%of%the%Charter*of*Rights*and*Freedoms.% Conservative%government’s%distrust%of%judges% In% her% judgment,% Justice% Schnall% noted% that% in% and%outlook%on%justice%in%general.%Conservatives% many% of% the% cases% she% has% heard% where% the% have%often%been%skeptical%of%the%judiciary%and% mandatory%victim%surcharge%ought%to%have%been% they%are%particularly%wary%of%judges%who%do% applied,% the% defendants% were% living% below% the% anything%other%than%apply%the%letter%of%the%law.% poverty%line%as%a%result%of%their%reliance%on%some% It%is%clear,%however,%that%judges%must%be%able%to% form% of% social% assistance.% It% is% for% this% reason% maintain%discretion%in%sentencing.%Discretion% that% Justice% Schnall% ruled% the% surcharge% to% be% helps%to%ensure%the%integrity%of%the%court%system% cruel% and% unusual% punishment% in% violation% of% that%administers%justice%by%ensuring%that% offenders%are%justly%punished.%This%means%that% section%12%of%the%Charter. circumstances%of%the%offender%must%be% Whether%or%not%the%mandatory%victim%surcharge% considered%when%sentencing%takes%place.%The% will%be%ruled%unconstitutional%by%Supreme%Court% Conservative%government%needs%to%have% remains% uncertain% –% it% is% clear,% however% that% conRidence%in%our%justices%and%judicial%system% many%of%the%lower%courts%consider%the%surcharge% just%as%we%all%must%do,%to%handle%the%cases%before% to%be%cruel%and%unusual%punishment.% them%in%a%manner%that%will%serve%justice%rather% It% is% also% important% to% recognize% that% it% is% not% than%seek%revenge. just%judges%who%are%deploring%the%lack%of%justice% in% the% surcharge.% Steve% Sullivan,% former% Ombudsman%for%Victims,%told%the%Ottawa*Citizen% %`%By%Keith%Torrie early% this% year% that% the% mandatory% victim% @ktorrie surcharge% is% simply% not% working% because% the% court% is% applying% it% to% offenders% who% can% not% 16


CLSA Welcome back Breakfast BBQ

17


What are Students Doing Outside of School Venturing)out)and)looking)for)a)part12me) job)or)volunteering)in)the)legal)field)o9en) seems)impossible)for)Canadian)Bond)law) students)especially)during)the)breaks) because)they)are)short)and)we)are) scrounging)around)trying)to)enjoy)every) possible)second)of)it.)But)I)think)taking)the) 2me)and)working)in)the)legal)field)during) the)breaks)can)be)a)great)way)to)get)your) feet)wet)and)flex)your)newly)learned)law) school)skills.)Not)to)men2on,)it)can)take) away)any)anxiety)you)may)have)of)working) in)a)law)firm)a9er)gradua2on)and)give)you) some)perspec2ve)on)what)to)expect. ) Working)while)aGending)law)school) seemed)like)a)far1flung)proposi2on)to)me,) but)I've)found)my)job)working)for)a)lawyer) in)a)town)called)Murwillumbah,)a) rewarding)experience. When)I)first)started)volunteering)I)was) nervous)that)I)wasn’t)good)enough)to)be) working)for)a)lawyer)but)liGle)did)I)know) that)it)would)lead)me)into)employment)in) the)legal)world.) While)I)was)ini2ally)reluctant)to)dive) headfirst)into)juggling)a)demanding)job) while)studying,)I)couldn't)be)happier)I)took) the)plunge.)I)am)able)to)offer)my)

knowledge)in)client)interviews,)in1depth) research)and)civil)procedures)to)the) benefit)of)my)firm)and)I)con2nue)to) develop)my)skill1set)further)which)helps) me)when)I)do)my)school)work.) Having)another)avenue)to)use)my)legal) knowledge,)apart)from)uni1based) assessments)has)been)a)blessing,)giving) me)confidence)that)I)can)comfortably) apply)lessons)learnt)in)the)classroom)to) real1life)legal)situa2ons. It)has)also)beGer)enabled)me)to)use)my) legal)skills)in)situa2ons)where)the)pressure) is)on)and)the)clock)is)2cking. Some2mes)studying)hours)on)end)is)a) disconnec2ng)experience.)Sure,)you)may) have)a)group)of)dedicated)study)buddies) but)discussing)the)ins)and)outs)of)a)legal) problem)in)a)real)life)seNng)puts) excitement)into)learning)the)law)and) develops)your)problem)solving)skills.) My)2me)away)from)the)Bond)bubble)has) not)only)meant)new)friends,)new) experiences)and)a)fresh)outlook)on)my) Australian)experience)–)but)I've)also)found) an)array)of)my)law)school)skills)have)been)a) useful)asset. I)know)it)can)be)hard)to)forfeit)free)2me,) but)using)some)2me)on)your)breaks)to)find)

Research Position

Last)Semester,)I)had)the)opportunity)to)undertake)a) research)assistant)posi2on)with)the)Tim)Fischer)Centre)of) Global)Trade)&)Finance)here)at)Bond)University.) The)topic)of)my)research)was)on)Foreign)Direct) Investment)in)Australia.)The)research)looked)at)the)level) of)interna2onal)foreign)direct)investment)in)key) industries)in)all)states)and)territory)of)Australia.) Furthermore,)it)looked)at)the)top)ten)foreign)direct) investment)client)countries,)what)industries)were)heavily) interna2onal)invested,)and)lastly,)it)looked)at)Australia’s) bilateral)trade)nego2a2ons.) The)research)process)was)nothing)short)of)challenging.) Fortunately,)I)am)doing)my)internship)with)the) Queensland)Treasury,)Trade)and)Investment)Division)and) I)had)access)to)key)informa2ons)to)begin)my)research.

a)legal)job)even)if)its)just) volunteering)is)an)excellent)idea.) While)you)may)have)employment) connec2ons)back)home,)a)liGle)extra) experience)certainly)never)harmed) anyone's)job)prospects)not)to)men2on)it) helps)your)resume)stand)out)from)all)of)the) rest)in)a)very)compe22ve)job)market. - Mahreen‘Mars’ Mirza

My)2me)as)a)research)assistant)was)definitely)a)learning) experience.)Undertaking)this)research)posi2on)solidified) my)goal)in)becoming)an)interna2onal)Trade)Lawyer.)I)fell) more)in)love)with)the)process)of)assis2ng)countries)in) reaching)agreements)to)ensure)foreign)direct)investment) occurs)smoothly.)Foreign)Direct)Investment)has)been) paramount)in)this)globalized)world,)despite)some)of)its) setback;)it)has)in)many)ways)forged)rela2onships) between)countries.) The)Tim)Fischer)Centre)of)Global)Trade)&)Finance) con2nues)to)highlight)interna2onal)challenges)and) success)in)trade)and)I)am)very)grateful)to)be)a)part)of)it.))) !"Lyndsay"Hercule)

18


HOW PEOPLE ARE STAYING ACTIVE

Anyone%enrolled%in%law%school% knows%how%difRicult%and%time% consuming%it%is.%For%me,%it%is% important%to%have%an%outlet%that% lets%me%escape%from%this%reality.%% Currently,%I%am%in%fourth%semester% and%am%President%of%the%Bond% Volleyball%Club.%%Being%an% international%student,%you%do%not% always%have%the%support%from% family%and%friends%that%you% require.%%Volleyball%creates%a% community%and%pseudo%family,% which%has%enriched%my%experience% here.%%I%do%not%believe%it%is%healthy% to%maintain%only%one%focus%in%life.% Yes,%school%is%the%predominant% purpose%for%being%in%Australia,%but% what%is%the%point%of%coming%here% and%not%enjoying%life?%Volleyball% contributes%to%perfecting%a%balance% between%this%for%me.%%When%you’re% this%far%from%home,%it%is%hard%to% break%free%from%the%comfort%of% social%circles%only%revolving% around%other%Canadians,% especially%law%students.%Volleyball,%

however,%gave%me%a%way%to%beneRit% from%Bond’s%international%student% population%and%diversify%myself% from%this.% Amongst%competing%in% tournaments%all%over%Australia,% one%of%the%greatest% accomplishments%for%the% Volleyball%Club%was%the%women’s% team%winning%Gold%at%AUGs.%With% such%a%high%student%turn%over%rate% at%Bond,%it%is%extremely% challenging%to%put%together%a% competent%team.%%We%entered%the% competition%with%no%expectations% and%completely%annihilated%any% scenario%we%had%dreamt%of.%We% went%into%the%Gold%medal%game% undefeated%and%with%the%support% of%the%men’s%team,%we%recovered% from%a%two%set%deRicit%to%win%the% Rifth%set%by%two%points.% In%addition%to%indoor%volleyball,%I% also%run%a%beach%volleyball%league% two%nights%a%week.%Students%can%

choose,%based%on%their%skill%level,% which%division%to%compete%in.%This% enables%Bondies%to%interact%with% each%other%and%provides%a%great% social%competition.%Being% Canadian,%we’re%usually%only%able% to%play%beach%volleyball%a%few% months%of%the%year.%The%beach% courts%on%campus%enable%students% to%take%advantage%of%the% phenomenal%weather%on%the%Gold% Coast%and%participate%in%a%team% spirited,%friendly%competition% amongst%fellow%Bondies.% I%only%have%two%semesters%left% until%my%career%at%Bond%is% complete.%When%the%end%comes,%it% will%no%doubt%be%bittersweet.%Until% then,%I%look%forward%to%two% semesters%of%volleyball%Rilled%with% friends,%competition,%and%pure% love%for%the%game.% `!By:!Laura!Book!

19


Hello,

My%name%is%Silvio%Scarcella.%I%am% currently%in%my%second%semester% studying%law%in%the%Juris%Doctor% program.%I%have%an%undergraduate% double%major%in%history%and%drama% from%the%University%of%Toronto. I’ve%been%in%the%martial%arts%since%I% was%4,%where%I%have%competed%in% many%tournaments%across%North% America%and%now%expanding%that% repertoire%into%Australia.%I%have%a%2nd% degree%Black%belt%in%Shotokan%Karate% (under%the%Japanese%Karate% Association),%and%a%3rd%Degree%in% Kempo%Karate.%My%tournament%events% include%kata,%kumite%and%weapons.% Through%consistent%hard%work%and% dedication,%I’ve%been%blessed%to%even% advance%on%shows%such%as%Canada’s* Got*Talent%and%Zoink’d,%which%have% developed%my%love%for%performance.% I%recently%got%to%train%and%compete%in% the%Australian%Selection%Tournament% for%the%2014%JKA%World%Cup.%This%was%

an%amazing%opportunity%for%me%as%I% got%to%train%in%seminars%with%3%of% the%JKA’s%senior%instructors,%as%well% as%honourable%instructors%from% Australia%and%even%South%Africa.% During%the%tournament,%I%got%to% compete%against%some%of%Australia% and%New%Zealand’s%best,%all%while% enjoying%the%multi`cultural%sights%of% Melbourne.% I%feel%the%martial%arts%have%been%a% huge%help%with%my%studies.%Not%only% has%it%prepared%me%mentally,%but%I% have%learned%to%apply%our%codiRied% rules%(dojoEkun),*which%include% seek%perfection%of%character,%being% faithful%and%respecting%others%to% fellow%colleagues,%faculty%members% and%myself.%It%is%a%wonderful%art% that%I%encourage%others%to%try,%as% the%results%are%always%rewarding,% either%for%one%self%or%collected,%both% mentally%and%physically.%I%anticipate% future%endeavors%the%martial%arts%will% bring%me%during%my%time%in%Australia.%

`$By:$Silvio$Scarcella$

possibility%of%a%nervous%breakdown.%So%get%away%from%it% every%once%and%a%while%and%get%outside.%Fortunately%we% live%in%the%Gold%Coast%with%some%of%the%most%beautiful% beaches%in%the%world%so%my%suggestion%is%to%pick%up% surRing.% As%I%am%Rinishing%up%my%5th%semester%of%Law%at%Bond,%the% But%if%you’re%like%me,%get%out%on%the%golf%course.%The%one% most%important%thing%I%can%pass%a%long%is%to%Rind%some% relatively%cheap%commodity%in%Australia%are%green%fees,% balance%in%your%life.%Bond%is%rigorous.%At%every%other% and%there%are%plenty%of%great%courses%around.%For%5%hours% university,%you%can%put%your%nose%to%the%grindstone%and% push%yourself%to%the%relief%of%summer%break.%Not%here!%Try% of%your%day,%the%only%important%thing%is%gearing%up%to%hit% that%next%shot.%Forget%school,%forget%that%assignment%you% to%keep%that%pace%with%two%straight%years%of%law%or% have%due,%just%enjoy%the%moment%of%being%out%on%the%golf% university%in%general%and%you%will%burn%out,%with%a% course.%And%there%are%plenty%of%people%to%join.%Bond%ran% the%inaugural%Bond%University%Golf%Day%this% semester%and%this%will%soon%turn%into%tradition%here% as%it%was%too%much%fun.%Then%there%was%the% University%Games%last%September%held%in%the%Gold% Coast.%I%was%fortunate%to%be%a%part%of%a%very% talented%group%of%golfers.%There%are%very%few% opportunities%to%turn%this%individual%sport%into%a% team%opportunity%and%contributing%your%scores%to% the%other%guys%is%very%exciting.%We%all%know%how% good%it%feels%to%hit%a%good%shot,%but%to%do%it%when% the%other%guys%are%pulling%for%you%and%to%share%the% victory%when%its%all%said%and%done%is%a%very%thrilling% experience.%On%top%of%that,%to%represent%Bond%and% permanently%put%that%name%on%the%trophy%makes%it% that%much%better.% So%if%you’re%just%a%beginner,%sign%yourself%up%for% 2013!Australian!University!Games!Champs Bond%Golf%Day%and%enjoy%some%beers%on%the%course% From!left!to!right=!John!Mayer,!Rizal!Redzuan,!Kieran!Goodall,!Conor! with%friends.%If%you%got%some%game,%join%the%team

“My$worst$day$on$the$golf$course$still$ beats$my$best$day$in$the$class$room”

Zokol,!Thomas!Weiler,!Braden!Nehring,!Jack!Martyn

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22


The Wilson Moot

On!15!February!2014,!three!intrepid!travellers!set!out!from! Bond!to!conquer!the!Great!White!North.!Leaving!the!heat!of! the!Australian!summer!for!the!depths!of!one!of!the!coldest! Canadian!winters!in!a!generation,!Luke!Godin,!Matthew! Rendely!and!Ashley!Rooney!had!one!mission:!kick!some! Canadian!mooting!a$$.! This!year!marks!the!Uirst!time!Bond!has!participated!in!the! Wilson!Moot!–!a!uniquely!Canadian!moot.!!The!Wilson!Moot,! founded!in!1992,!was!conceived!in!honour!of!Canada’s!Uirst! woman!Supreme!Court!Justice,!the!late!Honourable!Bertha! Wilson,!who!championed!justice!for!the!disempowered!within! the!legal!system.!In!this!spirit,!the!moot!seeks!to!“address! issues!that!are!not!otherwise!raised!in!otherwise!unaddressed! in!the!traditional!mooting!curriculum”.![from:! thewilsonmoot.com]!! The!journey!back!to!Canada!for!our!Wilson!Moot!team!started! in!November,!with!the!release!of!the!ofUicial!problem.!!By!far! one!of!the!most!challenging!problems!in!the!history!of!the! moot,!this!year’s!problem!highlighted!the!complicated! intersection!of!Aboriginal,!Charter,!parental!and!children’s! rights. Undaunted!by!this!challenge,!our!mooters!came!up!with! several!innovative!and!novel!arguments,!some!of!which!were! particularly!positively!received!by!the!judges!during!oral! arguments.!Of!course,!there!were!some!bumps!along!the!way,! some!serious!disagreements!about!the!law,!some!frustrating! roadblocks,!and!a!lot!of!hard!work.!

However,!from!the!moment!we!completed!our!Uirst!practice! round!at!Fasken!Martineau!in!Toronto,!it!was!evident!that!the! hard!work!had!payed!off.!We!weren’t!just!playing!with!the!big! boys,!we!were!giving!them!a!run!for!their!money.!While!we! didn’t!win!any!‘ofUicial’!awards,!we!probably!should!have.! Such!is!the!nature!of!moot!competitions,!unfortunately.!Much! like!Uigure!skating,!each!judge!is!looking!for!something!a!little! different.!When!you!have!52!rounds!over!two!days,!each! judged!by!a!different!set!of!judges,!it!is!hard!to!achieve! consistency!in!results. So,!how!do!we!know!we!did!so!well,!even!without!the!ofUicial! accolades?!Well,!you!don’t!have!to!take!my!word!for!it,!you! can!take!the!words!of!our!various!judges,!whose!comments! included!the!following!(among!others):! “You!actually!drew!attention!to!how!we!could!change!the!law,! as!opposed!to!just!being!critical”!(Aboriginal!practitioner) “This!team’s!factum!was!a!10/10!–!easy!to!read!and!digest! (Superior!Court!judge) “Excellent!use!of!themes”!(Superior!Court!judge) “Demonstrated!a!mastery!of!the!facts!and!legal!issues!and! responded!effectively!to!questions.!This!was!one!of!the!best! mooting!presentations!I!have!seen.”!(litigation!partner!at!a! top!tier,!‘Seven!Sisters’!Uirm) So,!at!the!end!of!the!day,!it!is!fair!to!say:!mission! accomplished!!

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The Wilson Moot Experience On! the! 15! of! February,! Matthew! Rendely,! Ashley! Rooney! and! myself!left!for!Canada,!accompanied!by!our!coach!Lisa!Bonnin,!for! the! Wilson! Moot.! The! experience! was! a! once! in! a! lifetime! opportunity! to! test! our! mettle! against! the! top! students! from! across! Canada.! But! the! start! of! any! moot! is! months! before! the! actual!day!in!Court,!so!it’s!best!to!start!there.! The! Wilson!Moot! is! sponsored!by! some! of! Canada’s! largest! law! Uirms,!including! Blakes,!Osler,!Stikeman!Elliott,!Bennett!Jones!and! McCarthy!Tetrault.!The!competition!is! held!annually!in!honour!of! the! late! Honourable! Justice! Bertha! Wilson,! who! in! addition! to! being! the! Uirst! female! justice! appointed! to! the! bench! of! the! Supreme! Court! of! Canada,!has! made!immeasurable!contributions! to!Charter!jurisprudence.! In!particular,! the!Wilson!Moot! focuses! on!legal!issues! concerning! section!15!of! the!Charter! (Equality)! and!section!7,! (guarantee! of! life,! liberty!and!security!of! the! person),!as! well!as!the!reasonable! limits! provision! found! in! section! 1! of! the! Charter.! The! moot! attracts! law! schools! from! across! Canada,! with! 13! schools! competing!this!year,!including!for!the!Uirst!time,!Bond.! Our! team! received!the! problem! (which!was! eerily! similar! to! the! Canadian!admin!exam! in!semester!132....either! great! minds! think! alike,! or! as! anyone! who! sat! that! particular! exam! knows,! the! problem! writers! and! our! Admin! professor! share! a! very! similar! sense!of!humor),!in!week!12!of!the!fall!semester.!We!had!a!week!to! read,!research,!and!send!back!any!clariUication!questions!we!might! have.! It! goes! without! saying! that! is! was! not! ideal! timing! with! exams,! but! if! there!is! one! thing!I! learned,! it! never! will! be! with!a! moot:!you!will!always!be!busy;!it!is!your!new!norm.! All! of! those! on! the! Moot! team! stuck! around! for! the! Christmas! break!to!work!on!factums,!which!were!due!in!late!January.!It!was!a! busy! month,! and!even!busier! once! school! started!back! up!again.! However,!we!managed!to! get! the!factums! in,!after! over!2!months! of! work,! with! nearly! a! half! hour! to! spare,! which!in!the! mooting! world!is!a!very!relaxed!Uinish….#winning! After! the! factums! were! in! we! had! 3! weeks! to! practice! oral! submissions,! which! we! did,! again,! and! again! and! again.! It! was! thanks! to! the!contribution! of!all!of! our! faculty! guest! judges,! and! fellow! Bond! moot! team! members! that! we! managed! to! get! ourselves!into!shape!for!the!long!journey!to!Canada.!

Once!we!arrived!in!Toronto!we!all!wanted!to! go!back!to!Australia,! it! was! =15!degrees! and!snowing.! But! we! stuck! around,!and!had!a! week! to! adjust! to! the! climate,! time! change,! and! prepare.! We! visited! numerous! law! Uirms! during! the! week! to! practice! our! submissions!in!front!of!partners! and!articling!students.! It! was! an! invaluable! experience! visiting! the! likes! of! Blakes,! McCarthy! Tétrault,!Fasken!Martineau,!and!Lakes!O’Sullivan!Scott!Lisus.!All!of! the! lawyers! and! students! were! tremendously! interested! in! learning!more!about!the!Canadian!program!at!Bond.! On!“game! day”! we! made! our! way! down!to! the! federal! courts! in! downtown!Toronto.! We! completed!two! rounds! the!Uirst! day,!and! two!the!second.!We!faced!off!against!McGill,!Windsor,!University!of! Montreal! and! the! University! of! British! Columbia;! I! can! say,! objectively,!that! we!showed!those!schools! what! Bond!has!to!offer.! At! the!conclusion!of!the!second!day!the!University! of!Victoria!and! Western!University! were! announced! as! the! Uinalists! (there! were! no!semi=Uinals).!The!Uinal!round!was! held!before!an!all=star! panel,! including!the! Honourable!Justice!Moldaver! of! the! Supreme!Court! of!Canada,!and!Justice!Gouge!of!the!Ontario!Court!of!Appeal.!In!the! end!the!University!of!Victoria!won!a!well=deserved!Uirst! prize,!and! we!retired!to! the!reception,! where!all!teams! were!entertained!by! speeches! from! Jusice! Moldaver! and! Justice!Gouge,! both! of!whom! were!incredible!speakers.! In! conclusion,! I! can! honestly! say! that! the! Moot! was! the! best! experience!I!have!had!in!Law!School.! I! feel!as!though!I! learned!as! much!in!those!few!months!as!I!did!in!all!of! my!time!here.!I!would! strongly! encourage!that!if!you!have!the!chance,! Moot.! Don’t! think! twice! about! it;! the! workload! is! strenuous! but! the! experience! is! more! then! worthwhile.! Bond! has! one! of! the! best! Mooting! programs!in!the!world;!take!advantage!of!it!in!your!time!here.! A!special!thank! you!must!to!go!out!to!Lisa!Bonnin,!our! coach,!who! put! in! endless! hours! guiding! us! along! the! way,! and! to! Louise! Parsons! for! being! so!encouraging! and!helpful.!As! well,! we!would! like! to! give! a! big! thank! you! to! all! of! those! who! proof! read! our! factums! and! guest! judged! our! moots=we! couldn’t! have! done! it! without! you.! ! A! further! thank=you! has! to! be! given!to! Mr.!&! Mrs.! Rendely!who!where!kind!enough!to! have!our! factums!printed!out! and!delivered!for!us!in!Canada.! !"By"Luke"Godin

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Catching Up With Alumni!! sharp for the beginning of my articles. Be sure to budget enough time to thoroughly prepare. Although the test is This article is about the gap between finishing at Bond and nothing to be feared, it does require a good deal of starting your career in law. Many of us will have such a gap preparation in order for one to comfortably pass it. and people will fill it differently. For what it is worth, here is my perspective. Additional Education

Waiting to Work: Life after Bond

I cannot speak first-hand about this path. However, there are some broad and intuitive points to be considered. Should you graduate and have a year’s gap before your next step, this is a viable option. One downside to being a Canadian at Bond is that we don’t have much opportunity to take elective courses outside of the Canadian realm. Taking a Master of Laws (LLM) may supply you with a specialty that could either augment your employability or enhance your understanding and passion for that chosen area of law. Furthermore, it would likely provide networking opportunities that otherwise may not be available to you from the other side of the We’re used to this pace, being Bond law students. Having World.

I wrote my last exam at Bond in late December, 2013. My next hurdle was figuring out how to pack up my life of two years in a span of 3 days. Selling a car, packing into a golf bag and a suitcase and saying goodbye to friends from around the World was tough… I suggest you do the opposite of me and start early! My fiancé and I then headed off to Cambodia and Thailand for three weeks. Finally, in early January we returned to our home in London, Ontario.

three semesters per year means we’re always in high gear. However, if you are anything like me, that pace slows to a comparable crawl upon completing your degree and returning home. So how do you fill the space?

Administration

As you have undoubtedly heard from the CLSA and the faculty, there are important steps to be taken in order to transition back to Canada. You must first submit your final transcript (not your diploma) to the NCA (National Committee on Accreditation). You Work must also apply to your jurisdiction’s law society. Although these I am fortunate enough to have an articling position and I knew steps are extremely important and their deadlines are strict, they are so before I returned home. However, it begins in July. I not temporally taxing and are relatively simple to manage.

realized that I had to figure out how I would fill 6 months before that time. I managed to get a spot back at the job I’d left for Bond way back in 2011. I talked to my future firm and they noted that they were very happy that I’d decided to work as it would re-acquaint me with the expectations of daily work experience. Having an income is obviously helpful, as well.

Leisure Make sure you take some recoup time for yourself. Get back into your old hobbies and get re-acquainted with those who you left behind two years prior. There is some serious soul food available when it comes to catching up with friends and family.

I know of a few Bondies who have come home and secured themselves a clerking position either as an interim position I hope my experiences have provided you with some insight before they started articling, or in hopes of securing articles into what the few months after graduation might hold. Good with that firm. This seems to have worked out for the vast luck in your upcoming exams, Bondies! majority of them. Unfortunately, my firm does not hire clerks - Cale Sutherland on this basis. However, if the option is open to you it may be worth considering. After all, experience in the legal field will certainly never hurt your understanding of the law and the way it is practiced.

Bar Exams I had originally intended to take the bar exams later in the year, but realized that June would be the perfect time to get them over with. They sit three times per year, in March, June and in the fall. I figured that this timing would ensure I was

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Second, I would like to offer some advice on the NCA (National Committee on Accreditation) process. Patience is a virtue. The process of accreditation can take time – 3 month maximum – and this can be a ‘red flag’ for potential employers. What I was proposing to potential employers was that they hire me in another capacity (as a paralegal, summer student, or researcher) until my accreditation was granted. Most firms will be open to this possibility and it can really help in your transition into the real world because you begin with small amounts of work and then gradually move into an articling role rather than being thrown in headfirst. My name is Colin James Coady and I just graduated from Bond in December 2013. I am currently working for Nova Scotia Legal Aid in the Adult Criminal litigation division. My day-to-day activities very much depend on the day and how much work my Articling Principal needs to get done. Mostly, I am reading cases and writing briefs. However, I made an effort to let the senior lawyers know that I was eager to experience things outside the office. So as much as I can I attend court, settlement conferences, and negotiations. These are great learning tools and they also help you get a better picture of what litigation is, its different styles, and how it all works. Bond University did a lot to help me prepare for the work world and I was asked to share two perspectives on what helped me get ready for the legal world. First, I found that all of the extra-curricular activities and competitions put on by Bond, the CLSA, and other associations were a tremendous help in building my public speaking confidence. It also allowed me to try different tactics, take more risks and try new bold approaches (much to my mooting partners horror) – and this was possible because marks were not on the line. Not to mention I was much more prepared and knew what worked for me when there were marks on the line. Therefore I suggest that all current Bond students take part in all these competitions because they will help you develop your skills and you can immediately put them into practice in the real world.

When I was first hired it was as a researcher. However this was wonderful because I was in charge of making brochures for those seeking information on how to apply for welfare. This may seem boring but it was meaningful experience in statutory interpretation, writing easy-toread documents for those with lower reading levels, and legal research. So the two pieces of information I would like to pass on to soon-to-be Bond Grads is first, any student should take part in any competitions that are available. Your skills will grow by leaps and bounds and you will see changes in your abilities to articulate yourself in court, handle tough opposition when negotiating, or filtering though information when interviewing clients. And the only way to learn is to push the limits of your comfort levels and try things you might not be content doing when marks are on the line. Second, when you are interviewing with potential employers make sure you highlight the fact that Bond has a very hands on learning approach and you’ve have practical legal experience. Also, be patient with the job hunt and be open to being hired in another capacity so you can start work right away and use your knowledge to make a great first impression before your articles commence. - Colin James Coady

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The Reality of the Law: Life After Bond How far would you go to chase your dreams? How about 5,000 miles…… 10, 000? Most of you reading this know exactly what I’m speaking to. Ok, so some of you took that eternal plane ride to enjoy Australia’s beautiful beaches, woman and to catch a few rays. Others took on that challenge with the hopes of one day placing their literal and proverbial mark in the court room. Personally, I can’t sit here and tell you I had one of those immovable epiphanies growing up that guided me toward the desire to practice law. I can tell you, however, once I made the decision to attend Bond, I never looked back. As I’m sure you can already attest to, the time you have at Bond goes by in a heartbeat. So the bottom line is, enjoy it, but prepare for life after it. It is the universities expeditious format that has provided me with many seamless transitional skills, aiding my early failures and triumphs within the work-force. Although I did not secure a placement prior to graduation, I was fortunate enough to land with a great firm, which fits both my career goals and personality perfectly. I may or may not have milked a connection. Moral of the story, buy more milk. Specializing in Civil Litigation my day-to-day can be comprised of several different tasks. Before I proceed

any further, as painful as statutory interpretation might seem, learn it, you’ll need it. While drafting claims, scanning documents, briefing medicals and conducting legal research may not seem overly exciting, if practicing law is for you, once you spend a single day in the RIGHT law firm, you’ll be hooked. From day one the atmosphere, cohesiveness, language and focus of the firm was something I wanted to be a part of. The reality is, it’s a long road to the top, but the end game is worth it. Fortunately, due to the structure of the firm, I have been able to attend settlements, examinations for discovery and mediations. I was even fortunate enough to put forward my first motion in court. So what if it was on consent, it felt good. Bond provided me with many valuable lessons and skills. I can confidently say I have a strong work ethic and can manage my time effectively. One thing that Bond did not provide me with is a depiction of life in legal practice. If you are under the impression that life after Bond is more of the same, let me save you the suspense and buckle up and enjoy the ride.

Sending lots of love to the CLSA.

!"Jordan"Sharpe

Graduated

semester 132

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Dear"Fellow"Canadian" Bondies, I began my law degree in the January semester of 2012, and as expected I graduated two years later and returned home for Christmas in December of 2013. Exactly two weeks after my graduation in February of 2014, I received my NCA accreditation with absolutely no problems (mind you I graduated with Second Class Division B Honours and completed the four required Canadian courses). Law school is stressful and difficult, but do not expect it to be a "get out of unemployment free card."

courtroom or in a negotiation, it did not prepare me for the nitty-gritty, practical aspects of working in a law firm. Remember that you will not be expected to know everything when you start articling, but any leg up you can give yourself is invaluable, because even with my previous experience in a law firm, I still often feel intimidated. I find that for the real world outside the little drama-filledbubble that is Bond, law school did not prepare for the practical aspects of being a lawyer. I often feel nervous and scared working in a law firm because, as you know, small mistakes can mean a lot more than the difference a credit and distinction in the real world. An advantage I have in all this is all the practical experience I received when working in a law firm during my summers.

I was extremely fortunate to have a lawyer in the family who hired me as a clerk right off-the-bat. I had previously worked for this lawyer throughout my summers in high school and during my undergrad. I am really grateful because it is extremely difficult to find an articling position in Canada let alone to be selected for an interview for one. My advice to those with no connections is to start sending cold emails to every law firm that publishes their emails and asking whether they will even consider hiring an articling student because sometimes they will not advertise and you might be the one to change their minds (this has happened to some of my fellow Bond Alumni.)

My advice to you Bondies is to get working in a law firm early during your breaks between semesters and certainly right after you graduate if you are having trouble finding articles. A lot of hired-on summer students filter into articling programs at many larger law firms so it’s best to get your foot in the door early. I am so grateful for the experience I have received from being trained as a law clerk prior to law school because it significantly decreased the learning curve associated with articling as I do not have to worry about the tedious (though important) practical realities and can focus on the bigger legal picture which causes far less confusion.

I will officially begin articling on April 1st of this year and I am looking forward to continuing the fast-track momentum that was instilled in me by Bond's accelerated degree. One aspect of the articling experience that I did not expect was the cost associated with articling. In Ontario, the Law Society charges newly graduated, $120,000-in-debt law students from Bond a total of $3,164 just to be given the privilege of articling alone. In addition, articling students must pay $678 for the solicitor exam, $678 for the barrister exam, $339 for the materials in order to write those two exams... Oh... and a $180.80 application fee to even become a member of the law society. Oh and did I mention that you have to pay $450 to apply to the NCA? Although this is a great expense, some firms cover these expenses as part of your remuneration, but it might be advisable to budget for this yourself.

You can do as much as you want in a classroom but it will not translate perfectly in the real world. Learning from the ground up in a law firm, in my opinion, is the way to go, so I would recommend trying to get as much real-world experience as possible before even finishing your degree.

Good"luck! Sincerely, !"Ivanna

Anyhoo....let's stop talking about money because if you are at Bond, you are already familiar with financial pressure. Although the skills program at Bond gave me incredible confidence with the way I conduct myself in a

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Setting the bar too high for the Bar?

corresponding page (hopefully with the answer on it) in your material. 4. Time Management The exam has two halves, each of which is 3.5 hours with roughly 110-120 questions. That means you have roughly 1:45 minutes to look up each question and find answers. Time management is crucial as many people get fixated on questions and run out of time. If you can’t find an answer within the time allotted, guess and move on. If you are fairly certain you already know the answer, don’t look it up and bank the minutes.

One of the most exciting parts of graduating from Bond, among being entitled to practice in law, was the prospect that I would never again have to sit an exam. However, I like many of my friends soon realized a slight oversight. The Bar exam is the last obstacle (either before or after articling) necessary to becoming a fully licensed and qualified lawyer in Ontario. Although this article will be specific to Ontario, similar exams take place across 5. Preparation Canada and it may provide some insight for those from different provinces. The materials are around 1500 pages of a large binder sized book. They are dense and boring. It takes anywhere The Ontario Bar is a pass/ fail exam comprised of two from 5-10 minutes to read and highlight each page. Many separate 7 hour multiple choice exams. That is 7 writing people use multiple colours to easily identify statutes, hours. It is a nerve wracking and terrifying all day experience that you will have the luxury of going through… cases, mandatory words (i.e. shall), and lists. Regardless twice. Unfortunately, the Law Society does not publish pass of the method, reading through all the materials is the key and fail rates, nor the necessary requirement to pass. to having a firm grasp on the information. Although the common view is that “everyone passes”, that 6. Employers does not mean you should underestimate the time required to prepare. My strongest advice would be that if you have a job when you get back, ensure your employer is accommodating. Take each of the following tips with a grain of salt, as I have When you article employers are generally required to give only just finished the exams and have yet to get the results. you a minimum of two weeks off to study. However, if you are not working at the time a Bar exam is available (June, 1. Network November, March) it may be advantageous to take the By network I mean contact friends, colleagues, ex-Bondies exams prior to articling. In order to be qualified for them, or whomever you can get in touch with to pick their brain you will have to have received approval from the NCA. and get advice as they will have all gone through the experience and can provide some helpful do’s and don’ts. Finally, don’t fret over it. Even if you are graduating this Also, there are tons of helpful charts, diagrams, semester, after getting NCA accreditation and signing up for an exam, it is a minimum of 6 months away. Enjoy spreadsheets etc. floating around out there. yourselves and your time at Bond. 2. Index's All"the"best." Another advantage of networking is getting an index from people who have already written the exams. Essentially an !"Coner"James" index is a massive template. The exams are open book and you and indices allow you to look specific terms or phrases referable to each question and find the

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The Journey After Law School It has been two and a half years since I last studied at the law library, prepared templates for my final exams, hibernated in the ‘bat labs’ and attended Don’s on Thursday nights. Prior to the completion of my J.D, I emailed The Honourable Justice Kirby to ask what advice he would be willing to share with a recent law graduate and his answer was “the best lawyers are those who get into a firm where they learn the black leather business of the trade”. Only now have I realized the true meaning of his Honours words which I will be sharing with you in this article. My hope is also that this article will clarify some of your questions or concerns regarding the next steps in your journey. My name is “Paria Rad”, formally known as “Paria Erfanirad” - yes, the legal profession has taught me that my last name is way too long! I graduated from Bond University in the summer of 2011, following which I immediately articled for a firm in Toronto that specialized in Civil Litigation and Real-Estate Law. I had not taken Administrative Law at Bond and therefore wrote the ‘NCA’ exam here in Canada and obtained my NCA Certificate of Qualification shortly after same. I wrote the Barrister & Solicitor exam during the same sitting and passed both exams on the initial writing. Currently I am practicing Family Law, Civil Litigation and Real-Estate Law in Ontario. Articling is the most important part of your legal career. While in law school, I was extremely interested in Administrative Law and Medical Malpractice and was convinced that this would be the path that I pursued after graduation. The reality is that most recent law graduates will usually take the first articling position that is offered to them and will spend the next three to five years of their legal career in the same field, if not longer. Therefore, it is crucial to have some appreciation for the area of law that you choose to pursue during your articling term.

not spoon feed you, will throw you into daily tasks, will work you to the bones, will give you as much work as possible until you reach your breaking point and then give you some more work. Trust me, this is the type of articling experience you want to have because it will teach you the “black leather business of the trade”. Although law school provides you with a general understanding of the skills you will need as a lawyer, it does not teach you the essential skills you need in order to get the job done. Therefore you should take full advantage of your nine months of articling to train yourself in the skills that you will require as a lawyer in the field. My articling period consisted of an 8:30 AM to 2:30 AM work schedule during which I was assigned series of tasks and it was expected that same was completed in due course. Most principals don’t have time to walk you through the steps that you will need to take in order to get the job done; you are just expected to do so. You must be able to work independently and diligently. While articling, you will learn the basic skills that you did not learn in law school such as; all Civil Motions must have blue back sheets, Motions must be confirmed two days before the scheduled date and that you cannot deduct bank draft fees from the firm’s trust account but rather it must be deducted from the firm's general account. You will also learn the challenging tasks; appearing before the court, preparing motion records, filing construction liens and many others. In my opinion, you will be better prepared for the Bar Exam if you write same while completing your articles or after completion of same. However, many firms are starting to hire students that have already passed the bar. On a final note, for those students who are looking for an articling position in Ontario, you may wish to visit the Law Society of Upper Canada’s Articling Registry for job opportunities. For those students who cannot find an articling position in Ontario, you may wish to consult the Law Society of Upper Canada’s website regarding the ‘Pathways Pilot Project’, which will allow lawyer licensing candidate to either article or complete the Law Practice Program (LPP) starting in 2014-2015.

Most associate positions require a minimum of two to four years of post call experience, therefore, it is really wise to article for a firm that is in a position to hire you as an associate following your call to the bar. This really means don’t article for a friend of your dad’s just to complete your articling requirement. Your articling is crucial in the way that it shapes both you and your legal experience. If you are fortunate, you will have an articling principal that does

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The Licensing Examinations are another step in your journey to becoming a lawyer in Ontario. The Licensing Examinations are an open book examination held in November, March and June. You will be provided with study materials from the Law Society which changes each year. You will need to successfully complete the Barristers & Solicitors Exam which is held on two separate dates, normally held two weeks apart. The Barristers Exam is held first, followed by the Solicitors Exam. Each exam is approximately seven hours in length. The Barrister Examination will assess your knowledge in the following categories: • Professional Responsibility

• • •

Public Law Criminal Procedure Family Law and Civil Litigation

Most students feel that the Barrister Examination is easier than the Solicitors Examination. The Solicitor Examination will assess your knowledge in the following categories: • Professional Responsibility

• • •

Real Estate Law Business Law Estate Law

The Examinations are multiples choice and based on fact based scenarios. Both Licensing Examinations consists of approximately 1754 pages of materials; therefore, it is a challenging task to memorize all the materials. You will need to develop “Indexes” for each area of the law and

the same shall cover all the keys words in the materials, this will allow you to navigate through the materials expeditiously. Most students develop the “Indexes” in a group, as it is extremely time consuming to do this on your own. I personally aimed to learn all the materials and relied on the Indexes as a backup plan in case I did not know the answer to a question. It is also extremely helpful to develop charts for time limitations etc. There are Bar Exam preparation courses, I do not personally know of anyone who has taken a preparation course and as such cannot comment on this. Lastly, it is important for each one of you to have a mentor in the legal profession, someone you can speak to for guidance, someone who you can turn to for precedents or clarifications of issues that you have faced during practice. Most legal practitioners are approachable and willing to help other colleagues, especially new lawyers, therefore, don’t be afraid to approach other lawyers when you need the assistance. Further, The Law Society of Upper Canada offers the Lawyer Mentorship Program, you may wish to reach out to a mentor through this program. I like to congratulate each one of your on your achievements and wish you all the best in your future endeavor. You will continue to be challenged each day in practice and you will continue to learn something new every day in this profession. - Paria Rad Edited by: Bishop Olivia

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When Frank asked me to write an article for the “Maple Leaflet” (is it still called that?) I was excited to share some of my experiences with all of you. I’ve finally traded my RayBans and bikini for legal robes and litigation cases as I am now working in Toronto as a lawyer. Although I could go on forever, I will try to keep this concise, breaking down the most integral mile markers to help your transition from a law student to lawyer. NCA EXAMS I took all of the Canadian courses during my time at Bond. Upon returning to Canada, I did not have to complete any NCA exams. Although it is important to take courses that genuinely interest you, I recommend taking the NCAaccredited ones and leaving out the electives. Here’s how I look at it: you are competing with a large number students for the limited number of articling positions available, it is smoother in conversation to say “I went to Bond, it was a fantastic school where I was fortunate to take many Canadian courses, I came back to Canada and was not required to write any equivalency exams”. You need to remember that although Bond is near and dear to our hearts, potential employers may be nervous because it is “different” from their typical Canadian law school experience. It is reassuring to employers that the National Committee on Accreditation has given you the green light without any hoops to jump through. ARTICLES In Ontario, many law firms recruit students directly on the campus of the law school. There is an “on campus interview” process which is similar to speed dating. Candidates are put in front of partners or HR reps from firms of all sizes. Students in Ontario typically begin as summer students at these firms and by the time they are in their second year, many have their articling positions secured. You will need to get creative and don’t rely on the “apply here” button on websites. Get creative, ask family members, friends and acquaintances if they know any lawyers and try and set up a quick meeting or coffee break with this lawyer. If they don’t have a position at their firm available, they may know someone who does. Also, follow up after you send a resume. It shows initiative. Don’t give up you will find a position, everyone that I know has.

and know of people who didn’t pass. My best advice is to leave yourself plenty of time and treat studying for them like a second job. I recommend getting a small reliable group together to update the indices from the previous year’s exam. Know your index well and know how to use it. I found it helpful to bind each section of the exam separately and if you’re a coffee drinker (or even if you’re not) bring a stick of instant coffee to mix with your water on break, trust me; you will need that extra kick around hour 5-6. LIFE AS A LAWYER I graduated from Bond in January 2012 and am now working as an Associate at Maruszki Law, a Toronto based law firm which exclusively represents Plaintiffs in personal injury actions. I have independently appeared before the Superior Court of Justice, Small Claims Court and various administrative tribunals. I am very fortunate to be working at an amazing firm that allows me to conduct my own Examinations for Discovery, Mediations, Pre-Hearings and Arbitrations. It is an incredible experience to argue a motion in Osgoode Hall (and win!). Bond prepared me for any challenge that I have faced and I’m confident that the curriculum and morale are to thank. Cherish your time in the sun, dream big, be proud of Bond and please say hello if you ever run into me in the City. Best of luck on your approaching exams! Sincerely, Alyson Toms

BAR EXAMS Don’t underestimate these bad boys. Prior to writing the exams I had heard that they were pretty easy and that everyone passes. FALSE. I thought that they were difficult

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Congratulations Class of 133

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Mr. Vern Krishna On 17 March 2014, Mr. Vern Krishna Presented on the legal profession in Canada.

Vern Krishna, QC is currently Tax Counsel, Mediator and Arbitrator in the Ottawa office of Borden Ladner Gervais (BLG), and teaches tax law at the University of Ottawa. He holds an M.B.A. and LL.B. from the University of Alberta, and obtained an LL.M. from Harvard University and a Diploma in Comparative Law from Cambridge. Mr. Krishna is a member of the Order of Canada, and received the 125th Canada Medal from the Governor General of Canada in 2004. Mr. Krishna is one of Canada's most accomplished and accoladed legal minds.

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CONGRATULATIONS TO ALL OUR GRADUATES !

FÉLICITATIONS+À+TOUS+NOS+ DIPLÔMÉS!+

CLSA Newsletter 141  
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