The selection for the 2013 Kawaskimhon Moot will take place from 5:00 p.m. to 8:00 p.m. on Tuesday, November 27th. The Kawaskimhon Moot (speaking with knowledge) is a national forum where questions regarding Aboriginal legal issues are debated and negotiated by law students from across Canada. Unlike other moots, it is not competitive and the focus is on finding a range of potential negotiated solutions of diverse interests. Students are asked to prepare a position paper as well as documents for negotiation.
The moot this year will be supervised by Prof. Bell and lawyer/alumnus Brock Roe (MacPherson Leslie & Tyerman LLP, Edmonton Office). The problem set for 2013 will involve negotiation of potential conflicts arising from proposed mandatory imposition of fee simple title on reserve land through amendment to the federal Indian Act. The details of the problem and the assignment of parties are not yet available to the mooting teams but will be available soon. As part of the selection process for this moot, you will be asked to speak for no more than 15 minutes to the following issues. You may, but are not required, make your submissions to us in writing before your interview date.
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What are some of the legal issues raised in this dispute that are important to address? What sources might you consider to resolve them?
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Assume that the parties have agreed to pursue a negotiated resolution that includes consideration and respect for indigenous legal traditions and processes. You have also been asked to include such arguments in your legal opinion. How would you go about finding out legal traditions relevant to substance and process issues that could be raised by this problem?
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The application of legal arguments to this conflict does not address all dimensions of the conflict. Looking behind the legal issues, what might this dispute really be about?
If you wish to be considered for the 2013 Kawaskimhon Moot team, please submit your unofficial transcripts to kimc@ualberta.ca by 9:00 a.m. Monday, November 26th. She will also book a time for you to participate in the selection round.
The moot is open to second and third year students only. As the moot is scheduled for March 1-3 2013, students should be prepared to put significant time into preparation for the moot in January and February including weekly meetings with the supervisors. There will be no further obligations following the actual moot itself. Although we hope to have our submissions completed before reading week, students should also be aware that the actual date for submission may fall during this time as the dates for reading week vary across the country. A background in Aboriginal law is an asset but not required.