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ARCTIC OBITER

November 2009 - Law Society of the Northwest Territories

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10 | <strong>ARCTIC</strong> <strong>OBITER</strong><br />

TRIAL ADVOCACY<br />

Intense, but definitely worth it<br />

TRIAL ADVOCACY PROGRAM PACKS A PUNCH, LEAVING REGISTRANTS WITH MUCH TO DIGEST<br />

On September 30, the Law Society and<br />

CBA Northwest Territories Branch<br />

hosted a very successful 2nd Bi-<br />

Annual Intensive Trial Advocacy<br />

program. For four days, the<br />

Yellowknife Courthouse became a<br />

hands-on school of Advocacy.<br />

In three intense days, 23 students<br />

learned from common courtroom<br />

s c e n a r i o s p l a y e d o u t i n<br />

demonstrations. They then divided<br />

into groups to practice their<br />

techniques and receive feedback from<br />

the instructors. On the fourth day,<br />

students prepared their own civil or<br />

criminal cases for final mock trials.<br />

Instructors came from near and far to<br />

participate in the program. Molly<br />

Naber-Sykes, a coordinator of the<br />

Alberta program, lent a major hand in<br />

intructing and organizing. Susan<br />

Cooper (Iqaluit, NU) and Peter Harte<br />

(Cambridge Bay, NU) joined<br />

Yellowknife’s Sarah Kay, Sheila<br />

MacPherson, Terri Nguyen and Janice<br />

Walsh in representing the North.<br />

Experience from the South came from<br />

Eugene Meehan, QC, (Ottawa, ON),<br />

Shelley Miller, QC, (Edmonton, AB),<br />

Laura Stevens, QC, (Edmonton , AB),<br />

and Sandra Weber (Edmonton, AB).<br />

The program, closely based on the<br />

similar program offered through the<br />

University of Calgary and the Legal<br />

Education Society of Alberta, was<br />

adapted to meet the needs of lawyers<br />

practicing in the North.<br />

Susan Cooper, of Iqaluit-based<br />

Chandler & Cooper, gave a lecture on<br />

the importance of understanding<br />

cultural subtleties and the proper use<br />

of a translator. In small northern<br />

communities, she says as an example,<br />

the court must accommodate and<br />

prepare for the use of the term<br />

‚maybe‛ as an affirmative phrase,<br />

citing that a ‚yes‛ answer may not be<br />

possible. Cooper also stressed the<br />

importance of communication beyond<br />

verbal language, such as the raised<br />

eyebrows or crunched nose indicating<br />

‚yes‛ or ‚no‛ respectively.<br />

TEXTBOOK CASES [clockwise from top left]: Instructor Shelley Miller acts as a witness during a mock trial. Ian Rennie et al look on as instructors act out a courtroom scenario. Stephen Mansell and<br />

Patricia Tiffen listen to a talk by Eugene Meehan. Molly Naber-Sykes gives pointers on cross-examining witnesses. Peter Harte and Sarah Kay provide techniques on delivering opening statements.

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