ARCTIC OBITER
November 2009 - Law Society of the Northwest Territories
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.