“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.

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.

Meanwhile, the boxy pile of concrete still stood as it has for 52 years, with Professor John Irvine pacing its halls preparing his lectures, while other faculty and staff popped in and out on occasion, all masked and waving greetings, relieved to see actual people in-person. Dr. Richard Jochelson, once installed as the new Dean, became a stalwart fixture in the big corner office. And things began to change.

Looking back over 2021, here is a list of significant evidence of changes coming to Robson Hall with related UM Today stories, heralding a bright future:

Answering the Truth and Reconciliation Commission’s Call to Action #28

1. Formation of the Truth & Reconciliation Action Team 
2. Passing of the mandatory upper-year course, “Indigenous Methodologies and Perspectives” 
3. Hiring of alumnus Marc Kruse as Indigenous Student Support Coordinator
4. Ongoing updates to Law course calendar to reflect commitment to CTA 28 on a course-by-course level 
5. Call for applications for an Indigenous Professor (please share job posting)
6. Development of a new Indigenous Clinical Experience 
7. Improved 1L orientation to include CTA 28 and legal ethics content
8. Hosted a second session of the Indigenous People and the Criminal Justice System workshop for practicing bar plus 40 law students 
9. Sponsored about 30 students to attend the Canadian Institute for the Administration of Justice’s Indigenous Peoples and the Law conference

See UM Today Stories:

• Faculty of Law introduces new Indigenous Student Support Coordinator
• Faculty of Law takes major steps to answer Call to Action 28
• Faculty of Law to offer new mandatory Indigenous course

Expanding Clinical Learning Opportunities, Business Law, and Bilingual program

1. Increased investment in the L. Kerry Vickar Business Law Clinic
2. Developing Room 113 (former storage room) into a new clinical space
3. Expanding the Desautels Centre for Private International Law to include blogs, case reporter, peer reviewed journal, conference and paper sponsorship and student support
4. Passing of a concentration in Private Enterprise & the Law
5. Passing of a concentration in Access to Justice Bilingual program
6. Expanding the University of Manitoba Community Law Centre (UMCLC)
7. Addition of a net year’s worth of four full-time staff forming a clinical team of instructors and professors

See UM Today Stories:

• Faculty of Law moves forward with plans for Desautels Legal Research Fund
• Kerry Vickar Business Law Clinic goes virtual
• Legal Help Centre unites law students, alumni for common goals
• Achieving access to justice through language
• Access to Justice French Endowment Fund established to help train law students

Hiring new professors and staff

1. Two new professors were hired in the spring
2. In addition to the new Indigenous Student Support person, a new Admissions Officer was hired in the summer
3. Two new instructors were hired this fall
4. The search for the Mauro Chair in Human Rights and Social Justice has concluded and will be announced in the new year
5. It goes without saying but bears repeating that the Faculty appointed a new Dean of Law, Dr. Richard Jochelson, who took office on July 1, 2021.
6. The Faculty also appointed a new Associate, JD Program, Dr. Virginia Torrie, with Dr. Donn Short continuing in his term as Associate Dean, Research and Graduate Studies

See UM Today Stories:

• Faculty of Law welcomes Assistant Professors Martine Dennie and Katie Szilagyi
• An essential service: Robson Hall’s Admissions and Financial Aid office
• Familiar faces form new team at faculty of Law Dean’s Office
• Running down a dream of law school

 Administrative, Building, and Community Improvements

1. Four classrooms have been prepared with videoconferencing capabilities in anticipation of a partial return to in-person teaching and learning
2. Faculty council has completed an initial study of bylaws and is preparing them for modernization
3. Despite Labour Action and pandemic, the Faculty successfully preserved the schedule for Winter term to keep students on track for graduation and timely commencement of articles
4. Forging of strong links with the Law Society of Manitoba with announcements coming 
5. Ongoing provision of Equity, Diversity and Inclusion (EDI) seminars with more planned for next term

Mental Health supports and initiatives

1. Ongoing – Student Counselling Centre services have provided two imbedded counsellors for law students to have one-on-one counselling appointment (virtual). When SCC counsellors were not, available, students were connected with Empower Me for virtual counselling support.
2. A Mindfulness presentation given virtually by Dr. Thomas G.W. Telfer of Western Law was part of the 1L Orientation on September 3.
3. A “Mask and Learn” lunchtime talk with Professor Brandon Trask took place September 14 on the topic of protecting one’s mental health as a lawyer. The in-person event featured tips for law students to carry into practice to guard their mental health and help reduce the overall stigma of mental health issues in workplace.
4. A Presentation by Shannon Daniels (therapist for MB Justice) and Carolyn Reimer (MB Crown Attorney) occurred October 22 over Zoom. Discussion was regarding general risks faced by law students and lawyers regarding mental health issues and stress, how to recognize the signs of stress and trauma, how stress/trauma impact your work, how to deal with stress, the competitiveness of law, imposter syndrome and how to deal with same.
5. Rebecca Bromwich, EDI manager at Gowling joined us via Zoom on November 23 to give a Mental Health First Aid presentation. This was an overview for students, staff and faculty of the basics of mental health, how to notice mental health issues in others, what to do/not do to provide assistance to someone who experiencing a mental health crisis.
6. Shannon Daniels and Carolyn Reimer returned virtually to give a presentation to Assistant Professor David Ireland’s Legal Profession and Professional Responsibility class at the end of term on December 10. Assistant Professor Brandon Trask moderated class discussion. The presentation included practical pointers for law students and lawyers to deal with stress and vicarious trauma related issues. 

Celebrating Accomplishments of Faculty, Students, and Alumni

1. In addition to online teaching, many professors have continued to publish their research throughout the pandemic
2. Students have persevered, competing in moot competitions online, and taking part in extracurricular academic and career-related activities to their benefit
3. We have been increasingly reaching out to our alumni to see what kind of impact their legal educations have had on their careers and their communities

See UM Today Stories:

Professors

• Law professors engage in cross-Canada collaboration on law and disability case book
• Supreme Court of Canada cites law professor’s book in key Human Rights Case
• UM Law Students’ Associate Dean (JD) behind globally-recognized law review
• New book fills gap in research on perpetrators of genocide
• Law Faculty members share knowledge in plain sight and plain language
• Law professor’s accessible first book earns global attention, local award nomination
• Law professor wins Law of Work best paper prize
• COVID and the Constitution

Students

• An education with impact
• What makes you stronger
• Shawn Singh and the President’s Student Leadership Program
• WFP: From the streets to the courtroom
• Manitoba Faculty of Law teams shine at fifth annual Canadian National Negotiation Competition
• Moot News: Team Manitoba takes 3^rd place in National 2021 Sopinka Cup
• Mooting Matters
• Manitoba’s Gale Cup Team places third after decade-long shutout
• Rising to the Charter Challenge
• Celebrating Faculty of Law class of 2021 graduates

Alumni

• Living with law and art
• Memories of Robson Hall
• Delightful conversations and stirring memories: Law Homecoming 2021
• Faculty of Law alumna turns class assignment into TV script
• Alumnus creates scholarship for Black Law Students
• New scholarship fund to honour UM Law alumnus Darius Maharaj Hunter
• Faculty of Law congratulates Professor Emeritus Philip H. Osborne

This new fund will provide scholarships to law students wishing to complete all or part of their training in French, for example at the University of Ottawa, the Université de Moncton or in the 26-credit Access to Justice in French concentration soon to be offered at Robson Hall if approved by the University of Manitoba’s Senate.

The fund’s main objective is to help create a new generation of legal professionals with the skills to offer quality legal services in French to Manitoba’s francophone population.

Through a matching arrangement, the Francophone jurists’ association has pledged to donate up to $7500 by contributing a dollar for every 4 dollars donated by individuals.

To donate to the fund, visit Francofonds’ web page. For additional information, contact Professor Gerald Heckman who chairs the Francophone Jurists’ Association’s Board of Directors.

Learn more about studying law in French at Robson Hall.

While a variety of bilingual course offerings have been a staple in the Faculty’s course catalogue for the past eight or more years, professors Lorna Turnbull and Gerald Heckman have high hopes of seeing the collection of courses soon turned into an official program.

“It has been so amazing to work on developing this opportunity to enhance access to justice for French-speaking Manitobans and enhance the career opportunities for the students who choose to take these courses,” said Turnbull. “Since we received our first Justice Canada grant in 2011 until today we have grown with input and support from then community to create courses that are responsive to the needs of a whole range of Manitobans who often go unheard. We will continue to improve the range of courses and their content to be responsive to our communities including Metis people, newcomer communities and others.”

Called to the Manitoba Bar in July of 2020, alumnus Tarik Daoudi now teaches a section of the mandatory Legal Methods course for first-year law students. Currently a lawyer at the Association des juristes d’expression française du Manitoba, French is his first language and he already brings to the classroom a wealth of experience working with the French legal community in Manitoba. As a law student, he participated in a French-language moot competition, and in recent years, has acted as a judge for practices leading up to other bilingual moot competitions such as the Bastarache and the Laskin.

“The laws of Manitoba and Canada are in English and French,” said Daoudi. “All of the decisions of the Supreme Court [of Canada] are published in official French and English versions.  Any amount of capacity in French is a huge advantage for a lawyer working in this country and in this province in particular.”

Increasing the number of French-speaking lawyers in Manitoba is essential to ensuring access to justice for the growing number of French-speaking people settling in the province, Daoudi said, citing recent immigration. “For these people, accessing justice in French is a necessity, not a preference,” he said. “Lawyers in Manitoba are obligated to tell a client of their right to proceed in French where appropriate and must refer the client elsewhere if they cannot competently handle the matter in French.”

Another instance in which law students developing their capacity to speak French may gain considerable advantages is where “many lawyers may conduct interviews with clients in French but file documents and make pleadings in English (with the consent of the client, of course),” said Daoudi. “Even in such a case, having a small amount of capacity in French can be a big advantage to truly understanding and thereby advocating for a client.”

Third-year law student Jacqueline Pelland worked with professors Turnbull and Heckman this summer, and also obtained summer employment at the Centre canadien de francais juridique (CCFJ) in 2020 and InfoJustice this summer (2021), working entirely in French.

With French as her first language, she jumped at the chance to take some of her legal studies in French upon hearing about the opportunity within the first few weeks of law school. “I wanted to give myself increased opportunities to serve more people with my future legal practice,” she said, “to maintain my existing French language skills, to facilitate learning Michif outside of my legal studies and to give myself the added challenge of learning specialized language in French throughout law school.”

Pelland plans to practice Aboriginal law, Indigenous law, litigation, family law and regulatory law. “My goal is to open a legal centre in Winnipeg that provides affordable and pro bono legal services, as well as other wellness services,” she said, explaining, “for example, a walk-in medical clinic, transitional housing, community gathering space, daycare, etcetera, to ensure better access to justice for community members.”

Pelland, who in addition to the basic courses, also took an elective course entirely in French (Droit linguistiques with Dr. Heckman), encourages incoming law students with some knowledge of French to “at least give it an honest try, even if it seems intimidating because one’s French skills are not where one wants or hopes them to be.”

“My personal view is that we have our whole careers ahead of us to improve on our existing language skills, on top of the current opportunities to practice our French in the bilingual courses,” said Pelland. “The extra work is worthwhile, because the result is skilled and knowledgeable law graduates who can practice in two languages and offer more people legal services and support than they would have been able to otherwise. Additionally, I think this program has the potential to set precedent to create curriculum that is bilingual in other languages, too (for example, anishinaabemowin, michif, nêhiyawêwin and English).

While Daoudi and Pelland had the advantage of having French as their langue maternelle, Chris Dick, starting his second year of law this fall, had been in French immersion from Kindergarten to Grade 9, but had not really used the language much since then, other than having the opportunity to go to Haiti on two occasions prior to starting law school.

He first heard about the opportunity to take French-language law courses at Robson Hall in an email from the Faculty’s Admissions Officer sent to all incoming first-year law students. “The opportunity to improve my French and gain familiarity with legal jargon, as well as the possibility of receiving a bursary were my primary motivators,” he said.

Happy with his decision, Dick said, “I believe that participating in the bilingual program could open the door to a wide range of government positions for which bilingualism is a requirement, and it gives me a competitive advantage when applying to positions in the private sector. Having proficiency in legal French will also allow me to provide legal services to Franco-Manitobans.”

Because of his participation in bilingual law courses, he has also had the chance to meet with the Honourable Mélanie Joly, Member of Parliament and Minister of Economic Development and Official Languages, “which was pretty cool,” he said.

“I would encourage prospective students to remember that French post-secondary studies are a privilege from which they can derive great benefit, both personally and professionally,” he said. “French post-secondary studies are an investment in themselves, and any extra upfront work can pay dividends in the future and lead to opportunities currently unforeseen.”

For more information on opportunities to study law in French at the University of Manitoba, please visit the bilingual course webpage.

On June 5, 2019, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, announced the Government of Canada is supporting the development of a common law certificate in French at the University of Manitoba. The Department of Justice Canada is providing $768,372 in funding over four years (2018/19 to 2021/22) through its Access to Justice in Both Official Languages Support Fund. With this funding, the University of Manitoba will also conduct activities related to the assessment and certification of the language proficiency of students, and undertake activities to improve the capacity of justice stakeholders in Manitoba to offer services in both official languages.

“Our Government is actively working to improve access to justice in both official languages across the country,” says Lametti. “By increasing the capacity of institutions like Robson Hall to offer legal training in French, it ensures that more graduates in Manitoba will be able to provide legal services in their clients’ official language of choice. I am proud to support this initiative, which helps support the vitality of the Franco-Manitoban community and the development of our legal professionals.”

Up until now, the Faculty of Law could only offer one or two courses in French per year. With this funding, Robson Hall can expand its French-language offering and launch a full certificate program to its students.

“I am very excited that Justice Canada has agreed to fund our program,” says Jonathan Black-Branch, Dean of the Faculty of Law. “Being able to offer French-language legal education is a great development for us to train our students to practice law in both official languages. This is critical to improving access to justice for Manitobans.”

Joint program co-directors, Professors Lorna Turnbull and Gerald Heckman, will assist to develop a certificate program to allow law students to develop their legal skills and knowledge in French, allowing them to become better able to assist French speaking clients by representing them in French before courts and tribunals, and by drafting wills and other legal documents in French.

“I am heartened with the dedication of Dr. Turnbull and Dr. Heckman to this important project,” says Black-Branch. “We have worked very hard to make it happen and are most appreciative that Justice Canada has made French language legal education, as a means of improving access to justice, a priority.”

Equality in courts and classrooms

The Honourable Richard Chartier, Chief Justice of Manitoba, said, “In Manitoba, unlike the other western provinces, there are constitutional provisions mandating the equal status of English and French in the laws and in the courts of the province.  As a result, the English and French versions of all statutes have equal authority.”

“When judges consider statutory interpretation issues, they will often look at both the English and French versions before making their final determination on the question.  Offering French language legal education in our province not only enhances the law students’ ability to represent clients in the French language, it also provides them with an additional tool in their toolbox when making arguments relating to the statutory interpretation of laws.”

Specifically, he explained, “When judges consider statutory interpretation issues, they will often look at both the English and French versions before making their final determination on the question.  Offering French language legal education in our province not only enhances the law students’ ability to represent clients in the French language, it also provides them with an additional tool in their toolbox when making arguments relating to the statutory interpretation of laws.”

Expressing commitment to access to justice in all its forms, Black-Branch added, “Canada is a bilingual country celebrating both French and English as official languages whereby neither is to be given preference of priority. It is vital that a province like Manitoba offer French language training to our students to prepare them for legal practice to all Manitobans, including Franco-Manitobans.”

The program’s objective is to enable bilingual students and those with advanced French to enhance their written and oral French language proficiency and their knowledge of French common law legal terminology as well as to acquire skills in advocacy and negotiation. Students will also be exposed to substantive areas of law for which there is an acute need for French-language services, including criminal law and family law.

Heckman, an associate professor and program co-director explained that “several reasons have driven our efforts over the past decade to enable our students to experience part of their legal education in French. Manitoba is one of the few Canadian provinces where legislative and judicial bilingualism is constitutionally guaranteed. Our bilingual and francophone students have asked for the opportunity to be trained in French Language common law.”

He added, “Most importantly, there is an acute need for lawyers who can represent their clients in the French language. We are pleased and thankful that Justice Canada recognizes the role of bilingual legal education in addressing these access-to-justice needs.”

Tailor-made learning

A key component of the certificate program will be to offer bilingual students entering the program a tailor-made learning plan that allows them to become more proficient in French, and tools to assess their proficiency upon graduation. Especially important is that the program will encourage participating students to develop their identity as members of a community of bilingual law students and future practitioners who, together, can respond to the access to justice needs of francophone communities in Manitoba and other Canadian provinces outside of Québec.

Turnbull, professor and program co-director, spoke on the issue of ethic and access to justice, saying, “All lawyers, whether bilingual or not, have an ethical obligation to ensure that every client is aware of and able to access their right to be represented in the language of their choice. With the influx of families immigrating from French-speaking countries, there is a growing need for French language legal representation, especially in key areas affecting their rights such as family, immigration, and criminal law.”

The facts regarding this growing need are clear: According to the 2016 Census, 46,055 (3.7%) Manitobans identified French as their Mother tongue. The same report shows an increase in bilingualism in people whose mother tongue is English of almost 25% (nationally). The 2016 Census also states that 108,455 Manitobans (8/6%) were bilingual and that over 24,000 Manitoba students were enrolled in French immersion programs.

“It’s our responsibility as Manitoba’s law school to provide both the ethical foundation for all our graduates to ensure that clients are able to access their language rights,” says Turnbull, “and the practical linguistic foundation for our bilingual graduates to offer services to meet the growing needs of our French speaking communities.”