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CREDIT HOURS: 3

‘Kawaskimhon’ means ‘speaking with knowledge’. This course involves participating in a national moot competition, which is typically based on a high profile case where Aboriginal rights are at issue. Each law school’s team is typically assigned to represent a party or an intervenor. The moot takes two days. Usually, on the first day, teams present their oral argument based upon written factums, and on the second day, teams engage in a negotiation process. The host school determines the specific format. The moot problem is typically distributed in December, and the moot is held in early to mid-March. The course will require collective and individual work, extensive research, regular meetings, participation in negotiation and moot exercises, drafting a factum, and participating in the Kawaskimhon moot. Please note: students may take only one competitive moot during their degree. SELECTION: Participation is open to both Aboriginal and non-Aboriginal students, with preference given to 3rd year students. Potential participants are to submit written applications. Interviews may also be required. The Selection Committee, among other factors, will consider the following criteria in determining who shall participate in the Aboriginal Law Moot: (a) Academic achievement; (b) Achievement in closely related law school courses such as Aboriginal Law, Constitutional Law, Legal Research and Writing, ADR, and Public Law; (c) Performance in any moot exercise, requirement, course or setting; (d) Record of commitment to Aboriginal justice issues; (e) Career plans that may relate to Aboriginal justice issues; (f) Membership or affiliation with any Aboriginal community; (g) Any other feature of the applicant’s background, experience or plans which closely relates to the Aboriginal Moot; and (h) Participation in any interview, competition, selection process at the discretion of the Selection Committee.

NOTE: Students may only take one competitive moot during their JD.

Prerequisite(s): Either: Aboriginal Peoples and the Law (LAWS 2280), Advanced Aboriginal Peoples (LAWS 2290), Indigenous Law as Practice (LAWS 2289) OR Indigenous Governance (LAWS 2270).
Co-requisite(s): Either: Aboriginal Peoples and the Law (LAWS 2280), Advanced Aboriginal Peoples (LAWS 2290), Indigenous Law as Practice (LAWS 2289) OR Indigenous Governance (LAWS 2270).
Assessment Method: Letter and number grade based upon research, written factum, and performance and participation as a member of the moot team both during preparation as well as during the moot itself. Participation in the class satisfies the major paper writing requirement, if the student wishes to count the moot as a major paper.
Restrictions: Students are not permitted to audit this course. 

*This course is unavailable to International Linkages students.