(l-r) Mark Dupres (3L), U of A Law alumni Brock Roe (MacPherson Leslie & Tyerman LLP), and Russell Sheppard (3L). (Photograph courtesy of Western Law)
The Kawaskimhon National Aboriginal Moot (speaking with knowledge) is an annual event that brings together close to 100 students, professors and community leaders from across Canada. This is the only national law school forum where Aboriginal legal issues are the sole focus of the debates and negotiations by law students from across Canada. Unlike other moots, it is not competitive. It is a multi-party negotiation process and the focus is on working towards finding a range of potential solutions and/or agreement(s). Students are asked to research and prepare a position paper for negotiation on a specific problem prepared in advance. The subject of this year's moot included a hypothetical piece of federal legislation which would enable individual First Nations to adopt a lands regime that would include fee simple ownership on reserves. Students were asked to consider the proposal and, if they wish, to suggest alternative proposals, in light of (among other things) indigenous values and legal orders, as well as the limitations of the current Indian Act lands regime and its economic consequences, and the impact of such a lands proposal on the exercise of jurisdiction by First Nations governments.
The U of A Faculty of Law Kawaskimhon moot team consisted of Mark Dupres (3L) and Russell Sheppard (3L), coached by Professor Catherine Bell and U of A Law Class of '09 alumni Brock Roe (MacPherson Leslie &Tyerman LLP). The team travelled to London, Ontario, and participated in negotiations from March 1 to 3, 2013. Over the course of three days, teams from law schools located across the country sat down at three separate negotiation tables and presented their respective proposals based on their submissions, and then worked together towards a negotiated form of agreement.
"Mark and Russ worked very hard on their submission, and after their fourth or fifth revision I thought they might feel like packing it in but of course they did not, instead, they refocused and at the eleventh hour submitted a very fine piece of work - which is very similar to the work process that articling students will experience in any law office," commented coach Brock Roe. "Upon attending the negotiation in London, Mark and Russ were also very instrumental in bringing their negotiating table together to agree to a framework agreement which is tough considering everyone involved are trying to have their voices heard. I am very proud of the effort and work that Mark and Russ contributed and I am also very glad to hear they learned from the process too."
Russ Sheppard (3L) leading the negotiation at The National Kawaskimhon Aboriginal Moot
Check out additional photographs from The National Kawaskimhon Aboriginal Moot, held at Western Law on March 1-3: https://www.facebook.com/media/set/?set=a.518639041521532.1073741826.131334316918675&type=1
Click here to read the interviews with the 2013 National Kawaskimhon Aboriginal Moot