Faculty of Law Newsletter - Summer 2020

Faculty of LAW NE WSLET TER

SPRING\SUMMER,2020

Making a Difference Every Day Message from the Dean

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hat qualities do law graduates need to bring to the

profession? Pragmatism, a deep commitment to clients and the legal community, a strong desire to be life-long learners and sheer grit come to mind. These qualities have been on fine display among Bora Laskin law students over the past couple of months as we have had to adapt to online classes, take-home exams, working from home, practice placements, rescheduled licensing exams and postponed graduation events. We had thoughtful discussions about how to successfully complete the term (and successfully complete it we did!). Students rolled with the punches, supported each other, upheld the ethical standards of the profession and the Bora Laskin Faculty of Law. Often, when we talk about practice-ready graduates, we talk about knowing the law or having the skills to take a matter to court. We should also consider personal resilience, the ability to move through a challenging situation with perseverance and grace, flexibility, a willingness to adjust, and to maintain focus in a world of distracting bad news splayed all over social media. These qualities and skills matter greatly in the practice of law. I am grateful to my colleagues, faculty and staff alike, in modelling these important traits to our students every day. When you are looking to hire a lawyer who can get the job done, I know you will be in good hands picking a Bora Laskin grad.

Bora Laskin is on the Mooting Map! T

his year, the Bora Laskin Faculty of Law experienced its best mooting season to date, with several team and individual successes.

Katrina Langevin and Rachel McLean participated in the Kawaskimhon Moot in Winnipeg. Coached by Etienne Esquega and our very own alumnus, Shawn Bell, our students showcased their research and oral advocacy skills in a multi-party negotiation. This is an important moot for our school as it directly relates to one of our mandate areas, Indigenous Law. Katie Akey, Ryan Matson, Joe Ruan and Kim Lennon participated in the Wilson Moot in Toronto. Coached by Rahool Agarwal from Lax O’Sullivan Lisus Gottlieb (Toronto), our students were tasked with drafting a factum and making legal arguments on a difficult fact pattern in a mock appellate court setting. They did a great job.

Coached by Jeff Moorley from White MacGillivray Lester LLP, Brooklynne Eeuwes, Kristy Hansen, Jenna Sheikh and Megan Wood represented our law school at the Ontario Trial Lawyers Association Cup. Brooklynne Eeuwes won awards for best cross-examination and best overall advocate! She was the only competitor to win two awards, and this marks the first time that Lakehead has won an award in this moot competition.

2 Bora Laskin is on the Mooting Map

Daniel Cox, Lakshani Perera, Claire McCann and Samantha Charlebois participated in the Walsh Family Law Negotiation. Coached by John Illingworth from Atwood Labine LLP, Claire McCann and Samantha Charlebois came in 3rd in the competition (out of 12 teams!). In addition, Daniel Cox picked up the award for 2nd best oral advocate overall!

Justin Blanco, Justis Danto-Clancy, Ashlee Hudie, Kim Young and Tamaira Davidson competed in the Arnup Cup.

Coached by Marco Frangione and our alumna Amanda Gallo, our students worked incredibly hard to prepare for this difficult competition. Justin Blanco and Justis DantoClancy defended the Arnup Cup by winning it again this year (Amanda Gallo was on the winning team last year)!

The team decided to celebrate their win by putting in more grueling hours only to win the Sopinka Cup and become national champions! And if this wasn’t enough, Justin and Justis swept the individual awards by taking best overall advocate (Justin Blanco), best cross-examination (Justin Blanco), and best direct-examination (Justis Danto-Clancy).

Please join me in congratulating all of our mooting students and coaches. They did an incredible job!

Arnup and Sopinka Cup Winners

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he Arnup Cup moot team came together for the first time in January. Expertly coached by two local practitioners, Amanda Gallo and Marco Frangione, we prepared to represent the Bora Laskin Faculty of Law at the provincial criminal trial advocacy competition in February, at the Federal Court in Toronto. The competition would take the form of the trial of Carl Benoit. We poured over the police disclosure before us and began building theories of the case.

The situation was this: Mr. Carl Benoit, a fictional bar owner in a place called Pointe Claire stood charged with first degree murder.

During a party he was throwing at the bar, the body of a missing mob hitman, Carlos Lucca, fell out of the wall. Because Mr. Benoit had financed the purchase of his bar by taking a loan from the mob, he was a natural suspect. But he was not the only suspect. The Crown’s chief witness, Mr. Tommy Pellerin, not only owed money to the mob and had a feud with Mr. Benoit, but also was acting as a police informant in Pointe Claire. Wiretap evidence showed that either Mr. Pellerin or Mr. Benoit could have conceivably killed Carlos Lucca.

Preparation was fast and furious. Each student participant would deliver submissions and conduct two witness examinations – one examination in-chief, and one cross-examination. The whole team met at least once each week for a full practice trial. Almost every day, we would meet in pairs or threes to finely tune specific pieces of argument or examination. At every turn, when we needed student-volunteer-witnesses to learn the facts and lend their time to our practices, we were heartily supported by our community.

When the dust had settled after the Arnup Cup, the Bora Laskin defence team had won. The victory meant that Bora Laskin students would represent Ontario at the Sopinka Cup, the national criminal trial advocacy competition, in Ottawa, on March 13.

The theory was simple: “Squeeze. Scheme. Scrub.” The defence argued that Mr. Pellerin was squeezed between his mob debts and his work as a police informant; that he schemed to set up Carl Benoit to take the fall for killing Carlos Lucca; and that he used his influence as an informant to scrub the investigation of any details that might link him to the crime. As simple as the theory was, getting it to resonate with the jury was not as simple as standing up and reciting it. Drawing it out of the evidence required razor-sharp focus and calm under pressure.

In Ottawa, on the eve of COVID-inspired-isolation, Bora Laskin won the national trial advocacy competition. It’s the first time in the 22-year history of the competition. We take our place on the national stage due, in large part, to the dedicated support we received from the Bora Laskin community. Winning the Sopinka Cup is a vote of confidence for our practical approach to legal education, and a strong show of pride from the Northern-most law school in Ontario. And it’s a ton of fun, too.

Create a Brighter Future.

IT’S EASIER THAN YOU THINK.

I maintain a strong belief in the importance of education for everyone. Empowering students of diverse cultures and ethnicity with the tools needed to pursue a higher education is my vision for a brighter future.

A gift in my will...it’s that easy. ~ Bud Dilling

Charitable Registration # 11900-2681-RR 0001

For information on how you can include a charitable gift in your will to Lakehead University, please contact Lee-Anne Camlin at: T: (807) 346-7792 | E: rlcamlin@lakeheadu.ca All requests remain confidential with no obligation

EXCEPTIONAL. UNCONVENTIONAL.

Justis Danto-Clancy JD Candidate 2021 A r n o t t C u p M o o t Te a m

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We Made It!

I Shakiba Azima

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hakiba started law school at the Bora Laskin Faculty of

Law after completing her studies in Honours Chemistry at the University of Alberta. Although her passion for Chemistry was strong, she was constantly searching for opportunities to help her community in an immediate and tangible way. She found herself gravitating toward student governance and other advocacy opportunities. As she became further invested in social change, she came to understand that a career focused on advocacy necessarily involved an interplay with the law. This strong desire to help others was the motivation behind her choice to leave the chemistry lab and apply to law school. Shakiba was particularly drawn to the Bora Laskin Faculty of Law because of its commitment to training practice-ready advocates determined to effect change, by equipping them with an understanding of Indigenous issues and intersectionality theory.

Shakiba graduated from Lakehead’s law faculty in 2019 as the Gold Medalist, and commenced an articling term with the Department of Justice in Toronto, engaging in numerous Constitutional, Public Law, and Indigenous issues. She will be called to the bar in June 2020 and relocating to Ottawa for two years where she has been accepted to complete two prestigious and competitive clerkships. She will first clerk at the Federal Court with the Honourable Justice William Pentney, followed by a second clerkship at the country’s highest tribunal, the Supreme Court of Canada with the Honourable Justice Sheilah Martin. Never one to turn down a challenge, Shakiba also anticipates completing a parttime Master of Laws (LLM) with a focus on Constitutional law, during her clerkship years.

Having completed her IPC Practice Placement at the Thunder Bay Crown Attorneys’ Office and having articled with the Department of Justice, Shakiba hopes to return to work within the public service after the completion of her clerkships. In the long term, she hopes that her career can involve both a litigation practice, as well as involvement within academia. We are so proud of her accomplishments and can’t wait to follow what is sure to be an exciting and impressive career.

4 Faculty Highlights

don’t think that anyone could have anticipated the academic year ending the way that it did, but here we are! Student Services would like to congratulate all of our students, faculty members and staff for making it through these uncertain times and finishing the semester off strong. We often remind our students that building resiliency and demonstrating the ability to adapt to new situations are key traits that will come in handy in the practice of law. Although these past months have been difficult ones, our students are surely to emerge stronger and more equipped to overcome challenges they may face in their future studies and legal careers.

One of the best quotations we found during this Covid19 crisis and shared with our students is “Pain is temporary. Law degree is forever.” In a couple of years, we hope our students will look back at this time and congratulate themselves for finishing the 2019/2020 academic year in less than ideal circumstances.

Prior to the law school responding to Covid-19 and moving exclusively on-line, Student Services was able to engage with our students through various programs/ events. We hosted a very successful Welcome Day in February where we introduced 20 admitted/prospective students to the Faculty of Law. In addition, we invited Professor Camillo Lento and Professor Claudio Pousa from the Faculty of Business and Alyson MacKay from the Department of Economic Development and Innovation to present to our law students on various business of law topics. In February, we welcomed Juda Strawczynski from LawPro who presented to our students on topics relating to risk management and tips for succeeding in the practice of law. Student Services, along with 1L students Danika Goshulak and Jonathan Buckle, attended a Career Day at Dennis Franklin Cromarty High School. This was a great opportunity for us to engage with Indigenous youth and talk to them about pursuing a career in law. Finally, we finished the academic year by hitting the road for a northeastern recruitment trip. We visited students at Lakehead’s Orillia campus, Nipissing University and Laurentian University.

Student Services would like to wish everyone a restful and relaxing summer. This is a great time to recharge the batteries so we can all tackle whatever is to come this Fall!

Dean Hughes' Interview with Professor Ezeudu and Professor Rosenberg Dean Hughes: Thank you, Professor Ezeudu and Professor Rosenberg, for letting me interview you for our spring 2020 newsletter. We are very excited that you will be continuing at the Bora Laskin Faculty of Law, now in your new role as tenure track faculty. Some of our readers may not have met you yet, so let’s get acquainted!

Professor Ezeudu, what areas of the law are you interested in for your research?

Prof. Ezeudu: My primary research areas of interests are the international governance of natural resources and extractive industries, trade regulatory regimes, commercial law, and environmental law.

Dean Hughes: And how about you, Prof. Rosenberg?

Prof. Rosenberg: Given my background in private practice, I’m naturally drawn to issues in the private law realm, particularly in areas where I have specialized expertise, like private-public partnerships, and innovations in the delivery of legal services. Since joining the faculty at Bora Laskin, I have also developed a keen interest in the application of Indigenous law to the resolution of civil disputes, which is where I’m presently focussing my research efforts.

Dean Hughes: What areas of law do you teach?

Prof. Rosenberg: Last year, I taught Civil Practice, Property, Remedies and Trusts. This year, I taught Evidence, Contract Law, Remedies and Trusts. I’m slated to teach Contract Law and Civil Practice this coming year.

Dean Hughes: And you, Prof. Ezeudu?

Prof. Ezeudu: I teach courses in the areas of Business Law, Bankruptcy and Insolvency Law, Mining Law and Criminal Law. Dean Hughes: Both of you already have several years of law teaching under your belt. Still, I wonder who inspired you as a law student and how do you remember your own law school education?

Prof. Ezeudu: The fondest memory of my legal education, which I still cherish today is my transition from apparent obscurity to the limelight, based on self-discovery spurred by hard work and a dogged determination to excel. Throughout my first year in law school, I sat at the back during lectures in classes of over one hundred students, because I felt somewhat intimidated by the whole environment. I often felt overwhelmed in my lectures, and found it hard to keep up with the reading materials assigned for my courses. But my first year result turned out to be very good. Thus, I considered that if I pull myself together and work hard, my results could be even better. Going forward, I started sitting around the front row in lectures, and with hard work, I achieved results better than that of my first year. I eventually graduated at the top of my class.

Dr. Martin-Joe Ezeudu

David Rosenberg

Also, I admired some of my professors who studied at prestigious UK universities or the Ivy League counterparts in the US, and they became my role models. They inspired me. Their influence was part of the reason I decided to leave Nigeria and go abroad for graduate studies.

Prof. Rosenberg: The answer to that question may surprise you. My “light-bulb” moment as a law student came when I was working as a summer student in the offices of the Residential Tenancies Commission in Kingston, Ontario. I had just completed my first year of law school at Queen’s. My job was to answer the phone and take questions from members of the public (both landlords and tenants) about the Residential Tenancies Act. Previously, that job had been carried out by two members of the admin staff. I started the job thinking that I knew what I was doing and that, as a law student, I had some sort of special power that gave me the ability to understand the law and interpret a statute better than the lay staff who had been doing the same job for years. I was cocky and arrogant.

It was a small office and the admin staff, who overheard all my calls, never missed an opportunity to challenge me whenever they disagreed with something I said to a member of the public.

After being fairly hostile to, and resentful of, those interventions for the first week or so, I finally began to listen to what they were telling me. That’s when the magic happened because, once I dropped my defences and began to listen, I realized that, nine times out of ten, I was wrong and they were right.

For me, that summer not only became a much-needed lesson in humility, but it opened my eyes to the complexity of the law, and it started me on the path to learning how to properly read and interpret a statute. When I started my second year of law school I was a changed man, and my performance in law school improved dramatically.

Dean Hughes: What is your favourite thing to do in Thunder Bay? Prof. Ezeudu: My favourite thing is to spend time with my family, exploring some of the many parks that dot the landscape of Thunder Bay. Marina waterfront Park is so far my favourite park.

Prof. Rosenberg: Nature walks. Every season of the year is beautiful in Thunder Bay. I especially love the view of ships on the lake in the summer, the look of the trees covered in snow in the winter, and the spectacular view of the Sleeping Giant all year round.

Dean Hughes: Thanks again for taking the time to talk to me!

Dean Hughes Interview with Professor Ezeudu and Professor Rosenberg

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Making Lemonade: Summer Jobs and Summer Courses!

Faculty of Law Hosts Black History Month Symposium

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am proud to inform the Lakehead University community that the Bora Laskin Faculty of Law has hosted its first Black History Month Symposium with the help of the Black Law Students’ Association LU Chapter. The event included a spoken word performance by Shadiya Aided, followed by a keynote speech by Joanne St. Lewis to talk about racism in the Canadian legal profession and access to justice. The event was inspiring as Joanne St. Lewis focused her speech on her experience as the only black law student in her first year in law school and provided advice to black students who are embarking on their career in the legal profession.

By creating a Black Law Students Association Chapter at the Bora Laskin Faculty of Law, our goal is to show aspiring black legal scholars that our law faculty can be a place for them to excel academically and professionally.

The symposium opened up the opportunity to discuss issues of race and social justice in the community. Person of colour or not, the event touched on many people, from my fellow classmates to the public. We know we have the community backing us, and this allows us to show the community there’s space for black legal scholars here in Thunder Bay. This event created a fundamental baseline, leaving a trail for future students to walk along, to gain inspiration, and to continue the work Black Law Students' Association has started.

Tochi Nwaokocha, President, Black Law Students’ Association, Lakehead University Chapter.

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F ac ulty o f L aw Ho s t s B la c k H is t o r y Mo n t h S y mp o s iu m

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t has been a challenging term, to say the least, resulting in some setbacks in summer opportunities for our students. With organizations taking stock of their resources and adapting to the ‘new normal’, we have had to get creative!

We are very proud to offer eight (8) summer student internships this year, funded through the Law Foundation of Ontario and the Indigenous Justice Division of the Ministry of Attorney General. The summer of 2020 will see our students in positions ranging from the Canadian Environmental Law Association in their recently launched Northern Services program, to servicing the high priority Toronto neighbourhoods of Regent Park and St. James Town with Neighbourhood Legal Services. Our students will also be working with our local Kinnaaweya Legal Clinic, Legal Aid Ontario in Thunder Bay and the People Advocating for Change through Empowerment (P.A.C.E), which supports people living with mental health and/or addiction issues. The Debwewin Summer Law Program will also see three of our students placed in Indigenous legal organizations across the province.

We have also entered a new collaboration with the Law Commission of Ontario (LCO) to offer two (2) Student Scholar positions for a Bora Laskin student.

Students working with the LCO have an opportunity to contribute to law reform and legal policy development on a variety of projects and participate in consultations, advisory groups, conferences and symposia.

For the first time, we are also offering two intensive spring and summer courses! Students have the option to dig into some legal theory with Dean Jula Hughes’ Jurisprudence course or sharpen their Legal Research and Writing skills with Professor Wendy Parkes.

Building capacity and opportunities for our students is a priority, and we are delighted to offer some innovative and interesting alternatives for students this summer. When life hands you lemons…..

PBSC “Chief Justice Richard Wagner Awards” Recipient

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n February of this year, Pro Bono Students Canada launched the “Chief Justice Richard Wagner Awards,” recognizing one extraordinary leader from each of the organizations participating law school Chapters throughout the country, while elevating the need for more engagement in the access to justice crisis. Congratulations to Natalie Stern for being the Bora Laskin Faculty of Law’s first recipient! For more information on this award and the work of PBSC please see this link.

Supreme Court Redesign of the Standard of Review Analysis in Administrative Law

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n December 19, 2019 the Supreme Court of Canada

released its long-awaited redesign of the standard of review analysis in administrative law with the issuance of Canada (Minister of Citizenship and Immigration) v. Vavilov.

Released with its two companion cases, Bell Canada and Canada Post, the Vavilov decision is the Court’s latest attempt to streamline the approach to be taken by reviewing courts when choosing a standard of review in judicial review of administrative law decisions. The last such attempt of this magnitude taken by the SCC was in 2008 with its release of the Dunsmuir decision. In addition to simplifying the choice of standard of review the Court also provided its guidance on applying the standard and provided its thoughts on when remedial discretion ought to be exercised. For Year 3 folks, and those Year 2 students just finished the Administrative Law course, the release of Vavilov late in 2019 clearly had some immediate ramifications both in terms of overall knowledge and more practically for those working in the clinic, those heading to placements in the field, or those contemplating a career in this area of the law.

In an attempt to address the tremendous change the Vavilov decision is likely to have going forward in administrative law, in late January 2020, the Dean invited all students, faculty and the Thunder Bay District Law Association to join her and those currently teaching Administrative Law (Professors Brennan, Alford and Vauthier) for some pizza and a discussion of the precedent breaking case.

Together, the discussion covered the overall nature of these three cases, the major themes of Vavilov, the extent of the concurrence between the majority and minority on the Court and some brief observations about its effect on law practice going forward. The discussion was well received by all and left no doubt that a huge overhaul had occurred in this area of law.

Dr. Frances Chapman Going On Sabbatical

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am looking forward to the first sabbatical of my almost fifteen-year teaching career, but I will have to wait a little longer! The COVID-19 pandemic has delayed my sabbatical from Fall 2020 to Winter 2021 when I am hoping I will be able to travel to the University of Edinburgh law school. I entered a competition for their McCormick Fellowship for visiting researchers to study at Edinburgh Law for three months, and I was a successful applicant for the school year 2020-2021 (and my plan is to attend from March-May 2021).

I have written on issues with women and the law since my PhD dissertation, and Scotland is doing innovative work in this area. I am particularly interested in researching the Domestic Abuse (Scotland) Act 2018 and comparing the experiences in Scotland with our situation in Canada.

I currently write about coercion and women who have experience violence (physical, mental, financial etc.). I would use the fellowship to further expand these ideas and focus particularly on psychological coercion. I wish to attend different court hearings in Edinburgh to see what is happening in practice, and to engage with several of the Professors at the university who gave legislative submissions on the Domestic Abuse Act. Faculty News

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Indigenous Relations Update

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n addition to the Indigenous Law Across Landscapes Conference that we hosted in November, and despite finishing the term remotely due to pandemic concerns, we have managed to complete a successful 2019-2020 academic year.

In October, forty-two students in the Indigenous Legal Traditions class travelled to the Kay-nah-chi-wah-nung Historical Centre in Rainy River First Nations for an overnight land-based excursion. While there, students were able to tour the Manitou Mounds burial sites, Roundhouse, and Visitor’s Centre to learn about traditional Indigenous practices from community members, the historical background and economic development opportunities for Rainy River First Nations from former Chief Jim Leonard, and Anishinaabe Sacred Law from former Lac La Croix Chief Justin Boshey.

In February, we hosted our 4th Annual High School Law Day for ten students from Dennis Franklin Cromarty High School. Unforeseen circumstances and provincial strike action prevented our invitees at Matawa and the Provincial and Catholic school boards from joining us. However, those in attendance enjoyed taking part in a modified KAIROS Blanket Exercise and Sharing Circle, followed by a lunchtime discussion on reconciliation with Dr. Cynthia WesleyEsquimaux, and ending with a simulated Sentencing Circle facilitated by Nishnawbe-Aski Legal Services.

Lastly, due to the cancellation of the Indigenous Law Centre (ILC) Summer Program at the University of Saskatchewan College of Law, during the summer we are planning a number of supports for our incoming Indigenous students. At the Bora Laskin Faculty of Law, we are developing an optional online non-credit “Complimentary Indigenous Summer Law Course” and hiring two upper year students as Teacher’s Assistants. The ILC, in collaboration with law schools across Canada, are also working on creating a database of resources and an Indigenous Law Lecture Series for late-summer.

Email: law@lakeheadu.ca

LUCLS - Essential Service Delivery & COVID-19

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ell, it certainly has been an interesting end of term

and transition to our spring session. But here at Lakehead University Community Legal Services (LUCLS), we are nothing if not resilient. When classes moved to an on-line format in mid-March, we too moved to remote service delivery. As the social distancing and “stay home” recommendation have stretched from days to weeks and now potentially to months, we find ourselves preparing to run an experiential program, remotely. The provincial government has deemed legal services to be essential and the community’s need for access to reliable legal information and advice, especially in the areas of housing and employment law, continue to climb. This is no time for us to throw our hands up in bewilderment. Failure is not an option.

Our full time summer students started with the clinic on May 4th, all from the comfort of their homes. We are onboarding several students who have not worked in the clinic before. The transition has presented some obstacles, but we are tackling them one by one. We have established a protocol for students and staff lawyers to have on-line access to virtual files. We have learned to teach and do remote training with Zoom video conferencing. We are working on protocols to protect our staff and students while still providing accessible, quality legal advice to our clients.

Although we’ve experienced challenges and frustration along the way, we know that we are equal to the task. LUCLS is, and will remain, ready to serve the community.

Kimberley Gagan Director, LUCLS

Web: law.lakeheadu.ca

Twitter:@LawLakehead