The morning began with Justice Heckman having breakfast with students and faculty in the Access to Justice in French (A2JF) Concentration of the JD program. Justice Heckman, together with Dr. Lorna Turnbull, was instrumental in the creation of this Concentration. Students in the A2JF Concentration pursue a portion of their studies in French by completing at least 26 credits of bilingual courses. Currently, 24 law students are enrolled in the Concentration.

Justice Gerald Heckman (mid-back row) visited Robson Hall on October 13 and enjoyed a reunion with Faculty and students in the Access to Justice in French Concentration program that he was instrumental in creating. Photo by Lily Deardorff.

During the breakfast, students enjoyed sharing and catching up with Justice Heckman in French. Justice Heckman also graciously answered questions about his recent experiences as a justice of the Federal Court of Appeal.

After sharing time with students in the A2JF Concentration, Justice Heckman presented a guest lecture in English to all first-year students in Legal Methods regarding the importance of bilingual statutory interpretation. Students were engaged in the lecture and appreciated Justice Heckman sharing his time and expertise with them.

Thank you, Justice Heckman, for your support to Robson Hall. We look forward to continued collaborations. Merci beaucoup Monsieur le juge Heckman!

“While we are sorry to lose such excellent professors, the appointments of Professor Gerald Heckman and Associate Professor David Ireland to the judiciary are a testament to the exceptional quality of expertise and legal acumen at Robson Hall,” said Dr. Richard Jochelson, Dean of Law. “Their appointments reflect the depth of expertise and dedication to justice that our faculty possesses. It is a great loss for us, but Manitoba and Canada gain immensely from their talents. We are confident that Justice Heckman and Judge Ireland will serve with integrity, impartiality, and bring their wealth of knowledge and experience to their respective roles. We wish them every success in their new appointments and have no doubt that they will make significant contributions to the Canadian judicial system.”

Both newly minted Judges are busy cleaning out their offices this summer, since both appointments start almost immediately.

Justice Gerald Heckman.

The former Professor – now Justice Gerald Heckman has much to do having taught administrative law, constitutional law, and language rights at Robson Hall since 2006. He also served as co-director of Robson Hall’s Concentration in Access to Justice in French. Fluent in English and French, Justice Heckman holds a Bachelors of Applied Science (Génie Physique) from Laval University, a Master of Applied Science degree in electrical engineering from the University of Waterloo, a law degree from the University of Toronto, an LL.M. from Queen’s University and a doctorate in law from York University’s Osgoode Hall Law School. He has practiced labour, employment and human rights law and published extensively in the areas of administrative and constitutional law.

Justice Heckman served on the boards of several national organizations, including the Council of Canadian Administrative Tribunals and the Canadian Association of Law Teachers. He regularly participated as a faculty member in judicial education seminars on administrative law organized by the National Judicial Institute and Canadian Institute for the Administration of Justice. Justice Heckman served as a board member and president of the Association des juristes d’expression française du Manitoba, where he promoted initiatives to enhance access to justice in both official languages. 

Throughout his teaching career, he has been presented with several awards including The Barney Sneiderman Award for Teaching Excellence (in 2022 and 2016), the Olive Beatrice Stanton Award for Excellence in Teaching (2016), and the Students’ Teacher Recognition Award (CATL) (2010). This year he received the Faculty of Law’s Extraordinary Service Faculty Award, for his diligence, professionalism, and leadership in providing support to his colleagues in service work on Access to Justice in French and in service work with Manitoba Justice.

“I wish Justice Heckman every success as he takes on his new role. I am confident he will serve Canadians well as a member of the Federal Court of Appeal,” said The Hon. David Lametti, Minister of Justice and Attorney General of Canada.

Judge David Ireland.

Judge David Ireland will take his seat on the Bench commencing immediately. He was appointed along with former Crown Prosecutor Mark Kantor.

“The Manitoba government and the public rely on judges for their integrity and impartiality, and trust they will deliver fair, learned decisions,” said Justice Minister Kelvin Goertzen. “These qualities are essential for maintaining the public’s confidence in the courts and Judge Ireland and Judge Kantor will serve Manitoba’s justice system well.”

As an Associate Professor at Robson Hall since 2016, Ireland was the Director of Clinics and taught Criminal Law and Procedure, Evidence, Advocacy, and Legal Profession and Professional Responsibility.

A graduate of Robson Hall, he was called to the Manitoba Bar in 2011 and practiced criminal law in both defence and prosecution work. Throughout his practicing career, he was involved in public interest legal work concerning inquests, public inquiries and human rights.  

First appointed a professor at the University of Manitoba Faculty of Law in 2016, he was presented with the Students’ Teacher Recognition Award (CATL) this April, 2023. In 2022, Ireland was very instrumental in expanding the University of Manitoba Community Law Centre to ensure more access to justice for Manitobans, and over the past year as Director of Clinics, worked to provide law students with more opportunities for hand-on experiential learning.

In addition to teaching, he led a full research program that centred on improving the delivery of criminal justice in Canada. His work interrogated the complexities of state/citizen interactions and aimed to lead positive policy change to improve equality and fairness in the criminal justice process.

The entire faculty, staff, student body and Robson Hall community at large, wish Justice Heckman and Judge Ireland all the best in their new appointments.

“I couldn’t be more proud of our Bastarache team,” said faculty advisor, Dr. Gerald Heckman. “Though French is not their first language, the mooters developed excellent written arguments and delivered compelling oral arguments with passion and conviction in la langue de Molière! As one of the judges who attended their practice sessions said, they achieved “un tour de force”!”

The University of Manitoba team consisted of Seth Lozinski (2L), Marie Boyd (2L), Trusha Dash (2L) and Dominique Gibson (2L). The team was superbly co-coached by Julien Bédard of Justice Canada, and Richard Goulet of Manitoba Hydro.

Dash and Gibson, Manitoba’s appellant pair, mooted in the finals and placed second-best pair overall. Gibson placed as second-best oralist, while Boyd took third-best oralist.

Goulet observed that competition judges and organizers were “very impressed by the preparation and advocacy skills which all members of the U of M team demonstrated.”

“Our team demonstrated that it is possible to excel in French advocacy even though this language was not their first,” said Goulet, adding an enthusiastic “Bravo!”

Both Goulet and Bedard noted how very gratifying it was to work with such a talented and committed group of students whose diligent work paid off with stellar performances and persuasive oral advocacy.

“When I learned the results of the moot, I repeated what I told them at the outset: that I was happy for them, but I was not surprised,” said Bedard.

The Concours Michel-Bastarache focuses on constitutional and statutory language rights. This year, the students mooted about whether the Government of Alberta has a constitutional obligation to adequately fund the Campus Saint-Jean of the University of Alberta because it trains the francophone teachers and staff required to give effect to franco-Albertans’ right under section 23 of the Charter to have their children educated in French and/or because the unwritten constitutional principle of the protection of minorities requires that this important franco-Albertan institution be preserved.

Mooters prepared their facta entirely in French and presented oral arguments entirely in French. This year, five teams and six law faculties participated in the moot (Calgary, Saskatchewan, Alberta, Moncton, Ottawa, Manitoba).

Bastarache moot team in front of Parliament in Ottawa. Left to right: Dominique Gibson, Trusha Dash, Seth Lozinski, Marie Boyd.

Highlights of the Ottawa trip for the team included meeting the Honorable Justice Michelle O’Bonsawin and – for the Manitoba appellant team, mooting in the finals before a panel of Judges that included the Honorable Sébastien Grammond, Constance Hunt and Paul Rouleau (author of the Final Report of the Public Order Emergency Commission).

“The Bastarache was an amazing experience and I got to work with the best partner,” said Dash. “I came out of this with renewed motivation for my commitment to bilingualism and to be a lawyer. I advocated and answered questions from real judges in French, something I never thought I would do. Our coaches and professor are to thank for that as they were engaged, actively involved, and incredibly supportive. I felt well-prepared going into a nerve-wracking experience while mooting in a third language.”

“The Bastarache moot was an excellent opportunity to meet French-speaking students from around Canada, and to participate in a competition regarding important constitutional issues,” said Gibson. “This moot helped me to further develop skills that I know will be helpful throughout my legal career. Thanks to Dr. Heckman, as well as our coaches (Julien Bédard and Richard Goulet) for all their support throughout the process.”

“Competing in the Concours Michel-Bastarache in my second language was one of the most rewarding and fun experiences I’ve had in law school so far,” said Boyd. “Mooting in French is something I never thought that I would be capable of doing but the support and help from my coaches and teammates made it possible. I am so lucky to have gotten to work alongside such an awesome team! Highlights for me were meeting other teams from across Canada, touring around Ottawa with my teammates and coach, Richard Goulet and meeting Justice O’Bonsawin!”

The team and coaches are deeply thankful for the support of the Association des juristes d’expression française for helping them organize practice sessions, and for the many faculty members, practitioners and judges who acted as judges at the practice sessions.

According to supervising faculty member, Dr. Gerald Heckman, this year’s Manitoba team was distinct from most other anglophone law schools outside of Quebec, fielding two French-speaking mooters and two English-speaking mooter, rather than just one French-speaking mooter. Team members Bradley Légaré (2L), Eric Epp (2L), Matt Reimer(2L),  Eric Gagnon (2L),  and researcher Meghan Filyk (3L), were coached by lawyers Gabrielle Lisi [JD/2015] (Marr Finlayson Pollock) and Tanys Björnson (Manitoba Department of Justice).

Heckman noted that the recipient of the Spirit of the Laskin award is chosen by all the teams as best embodying the principles behind the Laskin based on qualities like congeniality, comradery, hard work, and commitment to bilingualism. The Manitoba team has won the Spirit of the Laskin Award three times since 2017, prompting the question: is there something in the water at Robson hall that makes our teams so congenial?

“Though appellate moots obviously have a competitive aspect to them,” he explained, “our Faculty advisors and coaches emphasize that moots are an opportunity for students to learn new skills and to create ties with fellow students, lawyers and judges from across the country. In my experience, our students compete in appellate moots with that attitude in mind and, of course, live up to our reputation as “friendly Manitobans”!”

Coach Tanys Björnson, a lawyer with the Manitoba Department of Justice had high praise for the team. “It was extremely rewarding for me to see the transformation from law students at the first oral practice to respected advocates arguing so ably before respected members of the legal community,” she said. “They conducted themselves with grace and dignity and made friends wherever they went. To be at their table at the final banquet (where they were awarded the Spirit of the Laskin Award) was so special.”

Many of the other participants made a point of coming to our table to congratulate them on their performance and congeniality. Many expressed that Team Manitoba was instrumental in helping to create such a wonderful experience for so many. Well done Team Manitoba! – Tanys Björnson, coach

Gabrielle Lisi, Coach and partner with Marr Finlayson Pollock LLP, shared that the team worked very hard preparing written submissions and perfecting oral advocacy skills, and was pleased to see that hard work pay off. “Each member of the team demonstrated their legal skill, hard work and professionalism throughout the competition,” she said. “The recognition that they have received from the Laskin is well-deserved.   I am very proud of their performance and of the opportunity I had to help them grow as advocates.”

We should also extend our thanks to the Manitoba legal community for taking part in many practice moots with the students and coaches this past month and for offering the students the chance to learn from experienced legal practitioners. – Gabrielle Lisi, coach

Team member Matt Reimer (2L), learned a lot through the experience, explaining, “The Laskin Moot was a fantastic way to practice my advocacy skills in a very collegial and genuine atmosphere. A major thing that I learned was that confidence goes a long way! We are often our own harshest critic.”

The judges, along with my coaches, and teammates were all very kind to me and had much more positive feedback to my oral arguments than I was prepared to give myself. So my takeaways would be to just be kind, respectful, go with the flow, take some chances, and have fun! That’s what mooting (and being a student) is all about! – Matt Reimer (2L)

Eric Gagnon and Bradley Légaré are both enrolled in the Faculty of Law’s Concentration in Access to Justice in French program, which was officially launched last term. This program, supported by Justice Canada, has significantly contributed to the increase in the number of students gaining confidence to compete in French language moot competitions this year.

“As a Franco-Manitoban, it was truly an honour to moot in French,” said Eric Gagnon (2L). “By broadening our linguistic capacities as law students, we are doing our part so that all may have access to justice in French here in Manitoba. Opportunities like the Laskin Moot are extremely important in this endeavor.”

For his own experience, Légaré said, “The Laskin moot was an incredible experience from the beginning. As a Franco-Manitoban who speaks French sparingly at home, the opportunity to improve my French legal skills and participate in an bilingual event was an amazing opportunity. I can’t thank our coaches enough for the amount of time they put into helping us improve our mooting and legal skills, their support was greatly appreciated. Thank you/merci to all of the other students who participated, I’m lucky to have gotten the opportunity to meet everyone!”

Légaré also obtained from the Laskin organizers, a few of the anonymous comments the other law schools made about the Manitoba Team in their nominations for the Spirit of the Laskin award, which share a delightful insight into the impact the Robson Hallers had on the other competitors:

• “Les membres de leur équipe étaient fort sympathiques autant avant qu’après la plaidoirie. La discussion avec eux était facile et ils étaient intéressés à nous connaître.” (Tr. “The members of their team were incredibly friendly both before and after the competition. Speaking with them was easy and they were interested in getting to know us.”)
• “They engaged us in genuine friendly conversations from the beginning. They demonstrated active interest in getting to know people on a human level and brought no pretention to any conversation. They were a welcome, frequent presence at all social events and would be a great choice to receive this year’s award.”
• “The entire team was sociable, fun and kind. They worked hard and partied harder.”
• “They were collegial and had an up-beat spirit throughout. We particularly appreciated their bilingualism.”
• “Extremely friendly, outgoing, a great mix of anglophones and francophones.”

Congratulations, Laskin team!

All of the Robson Hall students found the experience of competing very worthwhile.  Pinette said, “Participating in the very first French section of the CNNC was a very rewarding experience! Negotiating is such a practical skill for lawyers and I am happy to have had the opportunity to practice those skills in my second language.”

 “The competition was an incredible experience and the negotiations tips and advice received from our coaches will be something that will benefit me throughout my career,” said Harvey. “I especially appreciated our coaches non-stop support and willingness to be there for us at any time and put their very busy lives on hold. We were also incredibly fortunate to travel with an amazing team and to learn some great skills and tactics from not only our coaches but the talented students competing in the competition.”

Jodi Plenert added, “We were so fortunate to not only participate in the competition, but to have such incredible coaches and teammates. It really makes the experience that much more fun and meaningful when you are not only learning a lot but laughing a lot, too!”

Hall had the following sage advice for future negotiators: “I think it’s normal for students to be nervous about negotiating: not only is it a form of public speaking where you are being judged on what you say, but it can also be stressful to be sitting directly across from your competition.  However, as with anything, the best way to become more comfortable with something is to practice it, and by the end of the competition it felt almost routine to sit down at the negotiating table.”

One tip I have for future competitors: when you begin speaking and the opposing counsel picks up a pen to take notes, take a look at their hands.  Their hands are usually shaking uncontrollably, and it may be reassuring to know that you are not the only person who is nervous! – Ramsay Hall, 3L

The Manitoba teams were expertly coached by three Robson Hall alumni practising in Winnipeg: Andrea Doyle, a lawyer engaged in a broad practice at Thompson Dorfman Sweatman LLP; Andrew Torbiak, who practises Estates and Trusts with Tradition Law; and Heather Wadsworth, who practises family law at Hague Law. The coaches were filled with praise for the students’ performances.

Andrea Doyle, who was the coach for the French team, said, “I was honoured to coach these dedicated students. Kennedy and Chris worked very well as a team and spent considerable time preparing their strategies for each of the three negotiation rounds as well as practising their negotiation skills. Their complementary negotiating styles benefited them well. It was rewarding to see their confidence increase in further developing their negotiation strategies in French.

The judges were impressed with Chris and Kennedy’s preparation, application of negotiation skills and strategies in French as well as their excellent teamwork. I am very proud of Chris and Kennedy’s accomplishment! – Andrea Doyle, coach

 “This was a special year, and not just because we were back to an in-person competition. To hear the University of Manitoba’s name called not once but twice during the award ceremony was very special,” said Andrew Torbiak. “I’d like to congratulate all six Robson Hall students for their accomplishments, and their dedication leading up to the competition. On a Friday night in Montreal, all six students were back in the hotel preparing for their second and third rounds of negotiations the next morning and afternoon. From a coach’s perspective, it is so gratifying to see that kind of motivation.”

Robson Hall will continue to enjoy a reputation of strong student negotiators thanks to the performance put in by Jodi, Ben, Chris, Kennedy, Ramsay and Samantha. – Andrew Torbiak, coach

The admiration went both ways, as the students were also filled with praise for the coaches.  Pinette stated, “Many thanks to our coach, Andrea Doyle, for helping us perfect our strategy and practice our French. We could not have done it all without her.”

In speaking about Wadsworth and Torbiak, Harvey described “how absolutely incredible our coaches are and how fortunate each year the negotiations teams are to have them.”

Other local lawyers generously gave of their time to coach the students, including the late Andrew Slough, and Shimon Leibl, who together won the International Negotiation Competition on behalf of Robson Hall in 2015, and subsequently competed in Ireland. Slough recently and tragically passed away last month. Wadsworth, Torbiak, and Doyle wanted to recognize his involvement in preparing the Robson Hall teams for the CNNC. They stated, “A week prior to his untimely passing, Andrew Slough spent considerable time with the teams providing insightful and helpful comments to the students, which comments were continually referred to in the preparation for the competition. His knowledgeable and valuable comments were indispensable to the success of the Robson Hall teams at the CNNC.” 

A Bit More About the CNCC

Seven years ago, the University of Manitoba’s Faculty of Law hosted the inaugural national negotiation competition at Robson Hall, which has been run annually since then.  The size of the competition has been growing each year, both in terms of number of teams participating and number of law schools represented. 

The 2023 competition returned to an in-person format after being on-line for the past two pandemic years. This year, it involved three rounds of negotiation taking place over two days. Teams of two law students, each representing opposing parties to a fictitious business deal related to the purchase and sale of a wildlife sanctuary for a commercial tourism development, met in an attempt to negotiate an agreement, with each team possessing confidential details about client circumstances and settlement preferences.  The first two rounds were bi-party, with the last round involving a more complex three-party negotiation.  All of the negotiating took place under the scrutiny of judges, who scored each team’s negotiation skills.  At the end of each session, the judges provided detailed feedback to each team about what they did well, and potential areas for improvement. 

French Stream New This Year

This year was the first time that a parallel French stream was introduced to the CNCC.  Teams competed in French, using the same problems (which were translated) as the English stream. 

The timing of the introduction of the French stream is fortunate, as Robson Hall has recently enhanced its bilingual program, and the two members of our French team (Dick and Pinette) are students in that program, which allows students to develop their legal skills in French with the goal of improving access to justice in French.  Incidentally, Hall and Harvey are also students of that program, and all four took the Négociation juridique course taught by Andrea Doyle last year.

Professor Lorna Turnbull, who is a Co-Director of the bilingual program along with Professor Gerald Heckman, stated, “The University of Manitoba’s Faculty of Law has for the past decade offered students the opportunity to pursue part of their legal education in French. Beginning in the Fall of 2022, Robson Hall introduced the Concentration in Access to Justice in French thanks to generous support from Justice Canada’s Access to Justice in Both Official Languages Fund.”

“To place so highly in English and in French is a testament to the quality and hard work of both the students and their teacher and coach, Andrea herself,” Turnbull added.

“We wish to thank the organizers of the CNNC for implementing a French stream to the competition this year,” said Doyle. “Kennedy and Chris found that participating in the CNNC was a valuable learning experience demonstrating their ability to represent clients in French.

“Our participation in the French stream of the CNNC would not have been possible without the support of the Robson Hall community, including Dean [Richard] Jochelson, Professor [Bruce] Curran and Professors Turnbull and Heckman, the co-directors of the bilingual program. We also appreciated being able to spend time preparing with the Robson Hall teams participating in the CNNC in English and their coaches, Andrew Torbiak and Heather Wadsworth. We are thankful for everyone’s support in this endeavour.”

“With encouragement from our local francophone bar, and working with Professor Heckman, we received our first Justice Canada: Access to Justice in Both Official Languages grant in 2011,” said Dr. Lorna Turnbull, Professor and co-director of the Concentration. “It is fantastic to have achieved this milestone on our path to better supporting access to justice for all Manitobans. It is also wonderful to provide so many bright future lawyers with this opportunity right here at home.”

“The A2JF Concentration formalizes and reinforces Robson Hall’s long-term commitment to improving access to justice in French in Manitoba and elsewhere in Canada,” said Dr. Gerald Heckman, Associate Professor and likewise co-director of the Concentration. “Our students are already helping InfoJustice, Manitoba’s francophone legal information centre, carry out this important work. I expect that in the decades to come, our A2JF Concentration graduates will contribute to establishing a strong network of practitioners to whom francophone Manitobans can turn for legal services in their language.”

While law students at Robson Hall have had the opportunity to take some of their law courses in French since 2011, this is the first time a formal Concentration is being offered. Official recognition of bilingual legal training requires that students take approximately one third of their Juris Doctor degree courses in French. Not just a handful of French electives, the Concentration is highly structured with a bi-weekly Passport to Law in Frenchcourse being offered across all three years of the degree program bringing together first, second, and third year students. Passport tackles important competencies, including cultural competencies, needed in a legal career generally, and in a bilingual career in particular, exposing students to various subjects concerning French language communities in Manitoba and across Canada.

“As an out-of-province student, my decision to study at Robson Hall was because of the bilingual program,” said Trusha Dash, a second-year law student. “The opportunity to continue and enhance my French language training in a legal capacity set the school apart…. Through the bilingual program, not only did I get to network and learn in French, but I also felt a part of this close-knit community with whom I found support, friendship, and understanding. These are people I can ask for help, and count on and the value of that is immeasurable.”

Law school is no easy feat to begin with, especially for students who undertake the additional challenge of a bilingual legal education. The A2JF program at Robson Hall is committed to student success, facilitating their entry to a bilingual education with pass/fail first year bilingual courses, optional French-language tutoring provided at no charge, and the possibility for entrance scholarships. As a result, students are welcomed into the community without the pressure of marks or bell curves, and can profit from a tight-knit community and an immersion into Franco-Manitoban culture.

“Since I finished high school 10 years ago my chances to speak in French and participate in the Franco-Manitoban community had been few and far between,” said Bradley Légaré, also in second year. “The bilingual program at Robson Hall gave me the opportunity to reintegrate into the Franco-Manitoban community by way of an accepting and encouraging environment. However, the benefits I received from this program were more than just personal. The program also gave me a sense of direction for my career.”

Legal education in Manitoba must reflect that we live in a nation and province where English and French versions of laws are equally authoritative and access to the courts is guaranteed in either language. While there are Francophone minority communities throughout Canada that desire and, in many circumstances, are entitled to legal services in French, there have been limited opportunities in many common law provinces to pursue a legal education in French. The official recognition of the A2JF Concentration is an important start towards meeting this need for students and to enhancing access to justice for the clients they will ultimately be able to serve.

Development of the A2JF Concentration would not have been possible without continuing support from Justice Canada’s Access to Justice in Both Official Languages Support Fund, Heritage Canada and our many community partners, including the Association des juristes d’expression française du Manitoba, InfoJustice, Université de Saint-Boniface, Centre canadien de français juridique and francophone lawyers, judges and community members.

Dr. Gerald Heckman

“Teaching is the most important thing we do at Robson Hall,” said Dr. Richard Jochelson, Dean of Law. “Being nominated and recognized by students and peers is one indicia of excellence and both Gerald Heckman and Liz McCandless bring passion, expertise, clarity and empathy to their classrooms.”

Heckman has taught administrative, constitutional law, advanced public law and language rights at the University of Manitoba since 2006. He is co-director with colleague Dr. Lorna Turnbull, of the Bilingual Certificate Program, and helps coach the Faculty’s French Language moot teams including the Laskin and the Bastarache. He also actively conducts research and regularly shares his expertise with the press either in editorials or media interviews, and occasionally appears before the Supreme Court of Canada on matters of administrative or constitutional law.

Upon receiving the award, Heckman said, “It felt wonderful to be recognized by my students, particularly after the challenging times professors and students have lived through in the past two years and the efforts we have all made to adapt our teaching and learning to a distance learning environment.”

While he had never met Barney Sneiderman personally, Heckman heard much about him when he arrived at Robson Hall as a new professor in 2006. “He was already the stuff of legend among his colleagues and former students, and I regret not having had the opportunity to come to know him.”

Heckman said that when preparing his lessons, he reflects on what he appreciated from his own law professors and tries to incorporate those best practices into his approach to teaching. “I think that it’s important to be respectful of students’ perspectives, experience and learning styles and remember that we are all members of a community of learners,” he explained. “We need to be patient and provide our students with as much feedback as we can.

“For example, it takes time – and many drafts and practices – for students participating in competitive moots to craft a persuasive written or oral legal argument. That process of creation offers so many wonderful learning opportunities and its rewarding to see my students grow into skilled advocates. It’s also important to convey our enthusiasm for what we teach to our students.”

 “My professors inspired me to focus my legal studies, practice and research in the area of public law. I hope to inspire some of my students to do the same!” – Dr. Gerald Heckman, Associate Professor

Elizabeth McCandless, Practicing Professional Instructor

Lawyer Elizabeth McCandless teaches Advanced Legal Research at the Faculty of Law, which she designs with the aim of giving students the practical knowledge and skills they will use as they enter the practice of law. She was recently hired to the full-time position of clinical Senior Instructor starting July 1, 2022. She holds a BA, LL.B., and LL.M.  from the University of Manitoba, and has practiced law since 2008, most recently as director and legal counsel at the Manitoba Law Reform Commission.

“It truly is an honour to be nominated by my students. I am grateful for the opportunity to work with students, and I will continue to learn how to be a better instructor.” – Elizabeth McCandless, Practicing Professional Instructor

“This award means a lot to me, particularly as I transition from being a practising professional to a full-time instructor in the Faculty of Law,” she said. “Every year I’m impressed by the range of abilities, interests, and passions of law students – it is energizing to be around students at this stage of their legal education and it is exciting see what comes next as they embark on their legal careers.”

This is the second team spirit prize a Robson Hall moot team has won this year, in addition to the Spirit of Negotiation award presented at the Canadian National Negotiation Competition earlier in March. Last year the Manitoba Team of Reanna Blair and Menal Al Fekih received an Honourable Mention for the Spirit of Negotiation award and in 2019, the Manitoba Laskin Moot team won the “Spirit of the Laskin” award, presented to the law school that (according to the Laskin rules) “best exemplifies the Laskin spirit of fair competition, commitment to bilingualism, and professional camaraderie.” There may be something in the water at Robson Hall, but our moot teams seem to be excelling in the camaraderie, professionalism and fair competition departments!

At this year’s Bastarache moot, students were asked to moot on the constitutionality of an amendment to the federal Official Languages Act that would require every judge on the Supreme Court of Canada to understand both official languages without the assistance of an interpreter, effectively requiring judges to be functionally bilingual. The problem is far from theoretical: the amendment has in fact been proposed in Bill C-13, introduced by the federal government on March 1. The competition featured students from the University of Ottawa, University of Calgary, University of Saskatchewan, Université de Montréal and Université de Moncton.

“In addition to mastering areas of law with which they were not familiar, including language rights and the interpretation of our Constitution’s amending formula, Manitoba’s Bastarache students learned the art of appellate advocacy and how to craft and deliver persuasive written and oral arguments,” Heckman explained, adding that with French being a second language for all this year’s team members, “this is most extraordinary.”

“I would like to express my appreciation to all the francophone jurists, including some of my Robson Hall colleagues, who acted as judges in our practices and, combining tough questions with a healthy dose of encouragement, prepared our students for the competition,” said Heckman.

One highlight of the students’ preparation was to be judged in their final practise by the Honourable Richard Chartier, Chief Justice of Manitoba and a language rights champion in his own right.

“As always, I am grateful to the Association des juristes d’expression française,” Heckman added, “which played a key role in recruiting jurists as practise judges, to Sacha Paul for sharing with our Laskin and Bastarache teams his wisdom and experience in appellate advocacy, and to our coach, Richard Goulet, for his constant encouragement to team members and willingness to read “one more draft factum” and listen to “one more oral argument”!”

As coach of the University of Manitoba Bastarache moot team Goulet said that despite working in their second language, the team demonstrated the extent to which hard work, dedication and perseverance pays off. “In a very short time, their advocacy and French language skills improved tremendously,” he observed. “This was noticed by all those judging the competition as well as student participants who selected the U of M team as recipient of the Bastarache prize awarded to the team which most exemplified the spirit of fair play, dedication to French and camaraderie between colleagues.”

“As a coach it was very gratifying to have such a team of gifted individuals who listened carefully and incorporated the advice of judges, practitioners and coaches and worked very hard to achieve their objectives.” – Richard Goulet, Senior Implementation Officer, Manitoba Hydro

Team member Ramsay Hall (2L) shared the experience of mooting in a second language. “Although making nuanced legal arguments in French was initially very daunting given that French is my second language, by the end of the moot it was clear that my efforts had led to a huge amount of improvement, and I am now far more confident in both my capacity to argue orally and my French-language abilities,” he said, adding, “I learned so much about language rights, and it was very satisfying to be able to show this off by giving a well-prepared answer to a judge’s difficult question; the back-and-forth discussions that I had with the judges were my favourite part of the moot experience.”

Catherine Litinsky (3L) who graduates this spring, was also glad to refine both her French language and litigation skills, and was most appreciative of the team’s coaches. “Throughout this experience I learned the strength in asking for help and guidance, especially from our coaches who were not only knowledgeable in the sphere of our topic, but gracious with their time,” she said.

Researcher Ashley Fouad (2L) was very proud of the team’s work, “particularly as a team of anglophones competing in a French competition,” she noted, adding that from her perspective, “Researching for the Bastarache was a big learning curve. I had a lot of late nights spent reading both English and French texts. I learned so much about research, finding appropriate sources fast, and properly summarizing them for arguments.”

Kennedy Pinette (2L), confirmed that taking part in the Bastarache Moot was one of the most rewarding experiences she has had in law school so far. “I learned so much about advocacy and language rights while being part of such an amazing team,” she said. “I am so proud of what we have accomplished, it was an honour to represent Robson Hall!”

Much is to be gained from the experience of competing in a second language as team member Sara Fretwell (2L) confirmed. “Representing Manitoba in the Bastarache moot on French language rights will undoubtedly help my future in law,” she shared. “The experience was empowering, and the camaraderie was abundant. Starting out, I was inclined to doubt myself, but through personal dedication and the support of my teammates and coaches, I am leaving with nothing to fear and much to be hopeful about. Reflecting on the Bastarache Moot 2022 will always evoke a feeling of sentimentality without any sense of regret.”

“Advising the Laskin team allowed me to join forces with Katrine Dilay and Gabrielle Lisi, two experienced practitioners and Laskin veterans,” said Heckman, “to help a group of bright and motivated students develop their knowledge of Constitutional and Administrative law as well as their written and oral appellate advocacy skills in both of Canada’s official languages. It’s also wonderful to work with all the faculty colleagues, practitioners and judges who volunteer to judge our team practices. Their advice to our mooters is invaluable.”

Heckman also expressed gratitude to the Association des juristes d’expression française du Manitoba, which has for many years helped the Faculty to find moot judges for the team’s practices.

Coaches Katrine Dilay of Legal Aid Manitoba, and Gabrielle Lisi of Marr Finlayson Pollock LLP, know, all too well, the experience of taking part in the Laskin Moot, having been in the students’ shoes not too long ago, being alumni themselves.

“As a previous participant of the Laskin moot competition when I was in law school, being asked to participate as a coach was an incredible opportunity,” said Dilay, who competed in 2012 – 2013 and graduated from Robson Hall in 2014. “Watching the students successfully incorporate feedback into every draft of their written material and during every practice of their oral arguments showed how much work they were putting in and is a clear demonstration of the power of learning by doing.”

“The Laskin 2022 team should be very proud of what they accomplished and, as reflected in feedback they received from a Federal Court judge during one of their matches, they are ready to appear before the Federal Court!”
– Katrine Dilay [JD/2014]

Lisi, who both competed in the Laskin and graduated with her JD in 2015, said, “The students did an excellent job representing Robson Hall this year.  Both teams worked incredibly hard over the past few months preparing their written materials and honing their skills as advocates.  And their hard work paid off at the competition. I could not be prouder as a coach.”

The Laskin Moot is named in memory of one of Canada’s greatest legal scholars and jurists, the late Chief Justice Bora Laskin, and aims to foster a better and deeper understanding of the law and to support and encourage legal education and bilingualism while at the same time promoting in the legal community a spirit of cooperation and understanding that transcends linguistic and provincial boundaries.

At least one of the four students must argue the case (and write the corresponding portion of the factum) in English, and at least one must do the same in French. All judges assessing the factums are bilingual, and all judges in oral rounds are proficient in the language(s) being used in that round. Questions from the bench to a mooter are posed in the language being used by that mooter. Simultaneous interpretation is available upon request for any mooter who needs that service in order to understand the submissions of his/her opponents.

Robson Hall’s 2022 Laskin team consisted of second-year students Lauren Gowler and Samantha Harvey, and third-year students Zev Macklin, Mark Packulak, and researcher Janelle Gobin. Harvey both wrote her factum in French and mooted entirely in French. “Laskin was a fantastic opportunity to apply what I have learned about French advocacy in a practical setting with the help of great coaches,” she said.

With another year of law school ahead of her, this was a good introduction for Gowler. “The Laskin was a ton of work in two months! But I learned so much. The lessons and confidence I gained from this experience will certainly help with my future advocacy endeavours,” she said. “One of my favourite law school experiences thus far!”

Macklin agreed, saying, “The Laskin Moot was one of my highlights in law school. I loved working with my team in developing persuasive arguments, writing a strong factum and being challenged by many practice judges and in the competition. It was awesome to work with so many great people that generously donated their time and efforts.”

As team researcher, Janelle Gobin came to a new appreciation of administrative law after digging into her work on the team’s behalf. “I greatly enjoyed my experience as a researcher for the 2022 Laskin Moot Team,” she explained. “Our team did a fantastic job and it was a pleasure supporting them throughout their mooting journey!”

Finally, while he would have enjoyed an in-person experience that would have seen the team travelling to Toronto, Packulak admitted he had a “fantastic experience” despite another year of virtual mooting. “It was a privilege to be part of this team,” he said.

Dr. Heckman writes:

Less than five months ago, Canadians elected a Parliament with a majority of MPs belonging to parties that openly supported mask and vaccine mandates. Acting on this democratic mandate and based on the public-health evidence at its disposal, our federal government instituted mandates in its areas of jurisdiction.

For more than two weeks, a group of anti-mandate activists has laid siege to our nation’s capital. It has threatened to continue to do so until our elected federal government repeals the mandates or resigns. Other anti-mandate activists have blocked international border crossings in Alberta and Manitoba, impacting small border communities and the supply of goods in both provinces, and blocked Windsor’s Ambassador bridge, Canada’s largest border crossing with the United States, disrupting the trade on which so many Canadians’ livelihoods depend.

They have also threatened to continue their roadblocks until mandates are lifted. Activists in other cities, including Winnipeg, are carrying out protests to support the Ottawa convoy.

Organized by individuals whose stated purpose is to overthrow the federal government, the Ottawa convoy was initially supported and encouraged by prominent politicians, including Candice Bergen, the interim leader of Canada’s official Opposition, Pierre Polievre, an Ontario MP and now front-runner in the race for the Conservative Party leadership, and Scott Moe, the premier of Saskatchewan.

Lost in their Josh Hawley-style raised-fist moment, they apparently forgot that in our democracy, laws and policies are decided by the Canadian people through representatives we choose in free and fair elections, not by individuals who harass and intimidate law-abiding citizens with big trucks and loud horns.

Whatever the merits of these activists’ position on mandates, their actions are a direct challenge to our democratic system of government and must be condemned, without equivocation or partisan games, by all elected officials. A failure to do so would be a betrayal of the democratic ideals Canadians have fought and died for, and would invite more groups with all manner of grievances to take Canadian communities hostage rather than resolve disagreements through political dialogue or legal action.

In the face of the anti-mandate activists’ actions, municipal councils, provincial and territorial legislative assemblies and Parliament itself should, on an urgent basis, adopt unanimous resolutions reaffirming the primacy and legitimacy of democratically elected governments.

Of course, the actions of legislatures and government officials must respect the Canadian Charter of Rights and Freedoms, including freedom of expression, freedom of association and freedom of peaceful assembly. Anti-mandate activists can and have challenged public-health measures in the courts. But the Charter itself states that rights and freedoms are “subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

In a 2021 challenge to provincial public-health orders that included restrictions on in-person religious gatherings, Manitoba conceded that the orders had limited the plaintiffs’ freedom of religion, expression and assembly. However, Manitoba’s Court of Queen’s Bench accepted the province’s claim that its public-health orders were justified as reasonable limits under the Charter.

The objectives of these measures – to save lives, prevent serious illness and stop the spread of the COVID-19 virus from overwhelming Manitoba’s hospitals and acute health-care system – were pressing and substantial, and the limitations the orders placed on Charter rights and freedoms were proportionate to achieving these objectives.

Having lost in the courts, anti-mandate activists should respectfully engage with our elected representatives or seek to achieve change at the ballot box rather than carrying out unlawful actions that harm their fellow citizens.

No one should demonize Canadians who are against mandates. They’re our neighbours. Like so many other Canadians throughout the pandemic, they have at times been unable to work and suffered from isolation and a feeling that they have lost control of their lives. They have a right to engage in peaceful, lawful protest that respects the rights of their fellow citizens.

There must be room for listening and for dialogue. But dialogue cannot be coerced, and at the end of the day, our elected representatives — informed by the views of all citizens and by the public-health evidence, and respectful of individual rights and freedoms — must decide when and how mandates will be lifted. On that point, there can be no debate.