| DEAN’S NEWSLETTER Fall 1998 University of Alberta Faculty of Law - As we are about to embark on a new and very exciting academic year, I would like to take this opportunity, through our Dean’s Newsletter, to inform you of some of the up-coming events and happenings at the faculty and to invite your full participation and support. We are coming off a great year! Both our Holocaust: Arts/Politics/Law and Creating Change conferences were enormous successes, and Professors Ted DeCoste and Shannon O’Byrne are presently involved in finalizing the scholarly publications which will be emanating from these world class conferences. We inaugurated the annual Tevie H. Miller Teaching Excellence Award with the generous sponsorship of the Friends of the Faculty of Law. The first recipient of the award was Dr. Richard Bauman. We were honoured with the visits of several distinguished guests, including among others Judge Albie Sachs of the Constitutional Court of the Republic of South Africa, the Honourable Dullah ass TS (°68), Dean Teceate als area Omar, Minister of Justice of the Republic of South Africa, Chief Justice Antonio |yan Head (*52) at the Vancouver Alumni and Friends Lamer, and of course our very own Minister of Justice Anne McLellan. Reception The new academic year brings us more good things. By the time you are reading this, all of our major construction projects will have been completed. The Eldon Foote Moot Courtroom, McLennan Ross Hall, and the Brenda and David McLean Reading Room will be fully furnished and operational. Please drop by the faculty and take a look at these magnificent additions to our building. They will provide our students with excellent teaching resources and extend our computer connectivity by approximately 300 new stations. We are also pleased to report that for the first time in many years, the Faculty of Law has gained a new full time tenure track position. In addition, due to the generous support of our alumni and friends, you will see that we have been able to invite several distinguished scholars to the faculty to participate in our teaching and research activities. The new Canadian Forum on Civil Justice will be fully operational, with the formation of a Board of Directors and the engagement of an Executive Director. We will be participating in the organization and sponsorship of two major conferences this Fall, one on the Commercialization of Genetic Research and the second on Universal Rights and Human Values. These conferences will attract internationally acclaimed scholars and dignitaries to our faculty, and I encourage all of you who can to take full advantage of the opportunity to attend the sessions. Another very significant event for all of us will be the Tribute Dinner to honour the life and work of the late Justice D.C. McDonald. A true and committed friend of our faculty and his community, David is a person who we all deeply miss. 1 know how positively David felt about this faculty and how much he contributed to its life over the years. Please join us in remembering David by attending the dinner if you can. One of our most important projects has been the creation of our new Alumni and Friends Association. This signals our sincere interest and desire to reconnect with you, to find out what you are doing, and to encourage you to participate with us and your fellow alumni and friends in the continuing building of our great institution. You will see that there are a number of individual class reunions being held this year, culminating in an open invitation to all alumni to visit with us on Saturday, October 3, 1998, at the Faculty of Law and to attend the Gala Dinner and Dance that evening. It would be wonderful to see you. Lewis Klar Dean of Law Comings and Goings The 1998-99 academic year is shaping Barbara Billingsley, who has taught as Judge of the Tainan District Court, and up to be a particularly busy and a sessional instructor since 1995 will be other district court judges. The intellectually stimulating period. In joining the Faculty on a one year term Delegation on Legal Education which addition to the two international position. She holds an LL.B. and LL.M. includes several faculty members of the conferences, the D.C. McDonald from this University. Her 1994 thesis Hebei College for the Cadre of Politics Tribute Dinner, and an expanded was entitled Direct Democracy. What and Law, which trains judges, visiting speakers seminar series, we have Legislative Role Can and Should Direct prosecutors and officers of the Judicial visitors from around the world coming Votes Play in Canada. She has practised Departments of China, will be visiting to the Law Centre. We are also very law in Edmonton primarily in the areas the Law Faculty in September to learn pleased to announce the appointment of insurance litigation, constitutional how legal education is being provided. of several new academic staff members litigation and municipal litigation. She Dean S.K. Verma, the first woman as well as a new Director for the will teach Insurance and Constitutional Dean at the at the University of Delhi, Canadian Forum on Civil Justice. Law and will also be assisting with the will also be visiting the Law Faculty in upper year civil law moots. September. The Honourable Mr. Robert Chambers has been appointed Justice Michel Bastarache of the Associate Professor effective January 1, James Penner of the Department of Supreme Court of Canada will deliver an 1999. He obtained his B.Ed. and LL.B. Law at London School of Economics has address at the Law Faculty in November. from the University of Alberta and his been appointed Wilbur F. Bowker D.Phil. from Oxford. He was appointed Visiting Professor of Law, and will be Len Rotman, who joined our Faculty in as Lecturer at the University of visiting the Faculty during the Fall term 1996 as a term professor, has accepted a Melbourne Law School in 1996, and was during which time he will teach Trusts. tenure track appointment at the promoted to Senior Lecturer in 1998. He He obtained his B.Sc. (Hon.) Genetics University of Windsor. During the last has taught courses in trusts, equity and from the University of Western Ontario, two years he completed his S.J.D. from property law, and is the author of his LL.B. from the University of Toronto the University of Toronto, published Resulting Trusts (Oxford University and his D.Phil from University College, Parallel Paths: Fiduciary Doctrine & Press, 1997). He will be teaching Oxford. He is the author of The Idea of the Crown-Native Relationship in Company Law and Restitution in the Property in Law for which he received Canada and is co-editor of Aboriginal 1998-99 academic year. the 1997 Society of Public Teachers of Legal Issues: Cases Materials and Law First Prize for Outstanding Commentary. Diana Lowe has been appointed Scholarship by a Younger Scholar. His Executive Director of the Canadian most recent book is The Law of Trusts. Bruce Ziff has returned from a Forum on Civil Justice. She obtained sabbatical at the University of Virginia her B.A. and LL.B. from this University John McLaren is planning to spend two faculty of Law where he was Scholar- and her LL.M. from the University of weeks as a Wilbur F. Bowker Visiting in-Residence. During his leave he was Edinburgh. She has practised law in Professor in the Fall Term. He joined the preparing a monograph on the Leonard Alberta and British Columbia, and has Faculty of Law at the University of Foundation Trust. Jim Robb has worked as a staff lawyer for the Legal Victoria as Lansdowne Professor of Law returned following a leave in which he Services Society of B.C. since 1993. in 1987, and has served as Dean of Law served as senior counsel to the Legal at the Universities of Windsor and Aid Youth Office. Tim Christian will Graeme Barry has been appointed to a Calgary. His major areas of interest are be away on a one year leave. June one year term during which he will teach tort law, insurance law, Canadian legal Ross will be taking a one year Administrative Law and Constitutional history, social history of the law, legal sabbatical leave, during which she will Law. He obtained his B.A. and LL.B. education, and legal theory. assist in the development of the from the University of New Brunswick, Canadian Forum on Civil Justice and his M.A. in political science from the Twelve judges from Taiwan visited the pursue her research in the area of the University of Toronto, and his LL.M and Faculty of Law in the summer led by Charter. D.Jur. from Osgoode Hall Law School. Mr. Justice Kuo-Hung Hsu, Presiding His areas of specialization are Judge of the Taiwan High Court. The constitutional law, administrative law, group also included other high court judicial politics, federalism and legal judges, the President of the Kaohshing history, and will be assisting with the District Court, the President of the coaching of The Laskin Moot team. Pingtung District Court, the Presiding University of Alberta Faculty of Law Reunion Weekend In conjunction with the University of A guided tour of the Law Centre will Centre); Reservations for this event Alberta Reunion Weekend, the Faculty begin at 11:00 a.m. Following the tour, should be made through the Office of of Law will be organizing a tour of the Dean Klar will host a lunch at 11:30 Alumni Affairs, U of A, 492-3224. Law Centre followed by an alumni a.m. to which all alumni are invited. lunch on Saturday, October 3, 1998. Please RSVP to Catherine Miller at In addition to the Reunion Weekend The Law Centre has undergone major 492-5953 for the lunch. events, a number of individual class changes over the last two years with the reunions are being organized. Alumni renovation to the Eldon Foote Moot Also taking place, Saturday, October 3, interested in participating in these class Courtroom, the opening of the Brenda is the Gala Dinner and Dance, 6:00 reunions may contact either the and David McLean Reading Room and p.m. - 1:00 a.m. (cocktails 6:00 p.m.; planning committee members or the CN Multi-media Room and the dinner 7:00 p.m. followed by dancing) Catherine Miller, Alumni Relations and technological refit of McLennan Ross at the Shaw Conference Centre Development, at the Faculty of Law Hall. (formerly the Edmonton Convention 492-5953 for further information. Class Reunions 1998 1938 Edward Bredin Saturday, October 3rd Faculty Lounge, Law Centre 1948 Friday, October 2nd Mayfair Golf & Country Club 1953 A.0. Ackroyd Saturday, October 3rd Mayfair Golf & Country Club Norman Witten Hon. Tellex Gallant Friday, October 2nd Alumni House, U of A Cocktails & Dinner Hon. Allan Wachowich 1968 Eleanor Boddy Saturday, September 26th MacDonald Hotel Brunch at 10:00 a.m. Dennis Thomas Ed Frost Mayfair Golf & Country Club Dinner at 6:30 p.m. Herve Durocher 1978 Charlie Gardner Friday, October 2nd Mayfair Golf & Country Club Beer Social at 7:00 p.m. Joan Riddle Hon. Colleen Kenny 1988 Ted Feehan Friday, September 25th Law Centre FABS at 5:00 p.m. Saturday, September 26 The Billiard Club 6:00 p.m. 10505 - 82 Avenue 1993 Jeffrey Chow University of Alberta Faculty of Law Commercialization of Genetic Research Over the past decade we have The conference faculty is truly Université de Montréal, the witnessed unprecedented advances international and interdisciplinary. Genetics and Society Program, the in the science of human genetics. The first keynote presentation will United States Department of This “genetic revolution” has be provided by Dr. John Bell, Energy, Bennett Jones Verchere, already provided us with a greater Nuffield Chair of Medicine, Oxford Field Atkinson Perraton, the understanding of human biology University. Other international Medical Research Council of and disease and, more importantly, participants include: Robert Cook- Canada, the University of Calgary, a growing arsenal of clinical genetic Deegan, Director, National Cancer the Industry Liaison Office at the services. The development and Policy Board, National Academy of University of Alberta, and the dissemination of genetic technology Sciences, U.S.A; Hank Greely, Canadian Breast Cancer Research will depend greatly on the Professor, Stanford Law School and Initiative. involvement of the private sector. Co-Director Program in Genomics, Indeed, it has been predicted that Ethics and Society; Linda Neilsen, 2001 will mark the beginning of the Faculty of Law, University of “biotech century” - a time when Copenhagen and Director, Danish biotechnology emerges as a Council of Ethics; Joseph Straus, dominant economic force. Professor of Law, Max Plank Institute, and Chair, Human The Health Law Institute is hosting Genome Organization (HUGO), The Commercialization of the Second International Conference Intellectual Property Committee, Genetic Research on DNA Sampling: The Germany; and, Gert-Jan van Commercialization of Genetic Ommen, Leiden University and September 10-13, 1998 Research: Legal, Ethical and Policy President of HUGO. Issues on September 10-13, 1998. The conference will examine the The Conference is Chaired by Tim many issues associated with this Caulfield, Research Director of the For more information or to broad commercialization process. Health Law Institute. The Co- receive a registration form, For example, given the economic Chairs are Professor Bartha Maria please contact Nina Hawkins, benefits connected with the biotech Knoppers, University of Montreal, industry, how should the and Dean Lorne Tyrrell, Faculty of Conference Administrator, commercialization process be Medicine, University of Alberta. Health Law Institute, regulated? What are the benefits and Funding for the event has been University of Alberta, problems with the current patent generously provided by a diverse Edmonton, Alberta T6G 2H5; system as it relates to genetic group of organizations and “inventions”? What will be the companies, including: Merck Frosst Phone (403) 492-8343; Fax impact of commercialization on the Inc., Justice Canada, the Alberta (403) 492-9575; email: health care system and on the Heritage Foundation for Medical [email protected] relationship between the researcher Research, Medical Science Systems, and student, the physician and Glaxo Wellcome Canada, the patient, and the researcher and University of Alberta Conference industry? And, perhaps most Fund, the Faculties of Law, and importantly, what role will Medicine and Oral Health Sciences commercial forces play in social at the University of Alberta, definition of disease, disability and Stanford University Program in normalcy? Genomics, Ethics and Society, the University of Alberta Faculty of Law Universal Rights & Human Values This year marks the 50th held in their honour on Friday, the major event in Canada to be Anniversary of the UN Universal November 27 at the Shaw commemorating this key Declaration of Human Rights. It is Conference Centre. The Right anniversary. It is an event not to be also the 25th anniversary of the Honourable Antonio Lamer, the missed. Alberta Human Rights Commission Chief Justice of Canada will also be and the 20th Anniversary of the in attendance. The Honourable The Conference is sponsored by the Canadian Human Rights Anne McLellan, Minister of Justice Canadian Human Rights Commission. and former law professor and Foundation, a non-profit, Acting Dean at the Faculty of Law, non-governmental organization, To commemorate these will be delivering the opening dedicated to the defence and anniversaries, an International address on "The Declaration 50 promotion of human rights through Human Rights Conference will be Years Later: Vision and Reality." education and the support of held in Edmonton from November training and development initiatives 26 to 29, 1998. Universal Rights & Edmonton will be the host to in Canada and abroad. The Human Values:A Blueprint for speakers from different parts of Conference is co-sponsored by Peace, Justice and Freedom Canada and the United States, as many agencies across Canada, underscores the global significance well as Mali, Indonesia, South including The Faculty of Law of the Universal Declaration in Africa, the Philippines, China, and The Centre for Constitutional which it can properly be said all Liberia, Brazil and Guatemala. The Studies at the University of Alberta. modern human rights documents speakers include representatives of have their roots. As Jack O'Neill, government, academics, and human the co-chair of the Conference rights activists. This Conference is explains, the Conference will "help refocus the world on the document which will help us all treat one another with respect and dignity." As Professor Gerald Gall, one of the organizers of the Conference’ explains, "We are inviting human rights teachers, activists, and Universal Rights & Human Values: A Blueprint for Peace, workers to learn from persons Justice and Freedom respected for their human rights activity, especially persons who November 26-28, 1998 have experienced real life challenges to these rights." For more information or to receive a registration form for the The principal guests and speakers at banquet or the Conference, please telephone (403) the Conference will be Her Excellency Mary Robinson, the 453-2638, fax (403) 482-1519, e-mail [email protected] or United Nations High visit the website www.tnc.com/hrc. If you are interested in Commissioner for Human Rights becoming a volunteer for the Conference, please ask for and The Most Reverend Desmond Linda or Susan. M. Tutu, Archbishop Emeritus, Chairman, Truth and Reconciliation Commission, South Africa and Nobel Laureate. Both will be speaking at a banquet to be EEE Faculty of Law University of Alberta Alumni & Friends of the Faculty of Law Association The Alumni and Friends of the Faculty of Law Association held its inaugural meeting March 24, 1998. Following the meeting, an executive was formed from those who volunteered at the meeting and others. The executive will meet in the early fall to plan programming and set priorities for the year. As part of the endeavour to reach out to our alumni and friends, the Faculty organized alumni receptions in Ottawa and Toronto in November 1997. We also hosted alumni receptions in Vancouver and Victoria in June 1998, with Dean Lewis Klar, Ray Hansen and Catherine Miller in attendance. After meetings in Ottawa, Vancouver and Victoria, our alumni and friends decided to establish branches in their cities, and we will be helping them organize local executive committees. This fall, we Alumni and Friends President, Ray Hansen (* 81) and The Hon. Roger Kearns will be meeting with alumni in both Toronto and (~ 56) at the Victoria Alumni and Friends Reception Calgary in order to organize branches there as well. EXECUTIVE AND COMMITTEES President Ray Hansen (‘81) General Counsel, Syncrude Canada Ltd., Fort McMurray Ist. Vice-President Gordon Barr Q.C. (*77) Barr Picard, Edmonton 2nd.Vice-President Janice Ayotte (‘95), Edmonton Secretary Jack Watson Q.C. (Sask. ‘ 72), Edmonton Treasurer Janet Franklin Q.C. (‘73), Edmonton Programming Hon. Brian Burrows, Edmonton Committee Career Liaison Brian Grindy (Edmonton), Michael Sondermann (Calgary) Committee Greg Turner (Edmonton) Communication Doug Mah (Edmonton), Jack Watson (Edmonton) Fundraising Frank Layton (Edmonton) Francis Saville (Calgary) University of Alberta Faculty of Law You are invited to attend a TRIBUTE DINNER in honour of the life and work of the late DAVID CARGILL MCDONALD Alberta Court of Appeal WESTIN HOTEL, NOVEMBER 3, 1998 Cocktails at 5:30pm Dinner at 6:30pm Black tie/Business Suit A silent auction will be held during the evening containing over two dozen items, including works by Justice Bill Sinclair and Irene Klar. Proceeds from the Dinner and Auction will fund McDonald Endowment projects, and in particular, the annual McDonald Constitutional Law Lecture. This will be a light-hearted, entertaining evening culminating with a tribute to David delivered by Trevor Anderson (a dear friend of David's, former Dean and currently Professor of Law at the University of Manitoba). As with any function associated with David McDonald, there will be music and humour (no haggis)! $175 per ticket ($100 tax receipt). For further information, call Sheila Parr 492-5590: fax - 492-4924: email - [email protected] RSVP by October 15. University of Alberta -7- Faculty of Law Justice In Action: Visiting Speakers Series 1998-99 The Faculty of Law Visiting Speakers Committee is presenting a diverse and exciting range of speakers this academic year. Our Speakers Series entitled “Justice in Action”, focuses on the role of law in pursuing social justice and promoting human rights as well as the many exciting opportunities for lawyers and law students in Canadian society to make a unique contribution to a the creation and invention of a more compassionate, responsible and just era in the Twenty First Century. The speakers will deliver their presentation at the Law Centre at noon, and all alumni and friends of the Law Faculty are invited to participate. September 29 Dr. Robert W. Zuber, Environmental Justice Advocate, New York City Living Wills and Living Well: The role of law in leaving a legacy of respect, safety, and health for children October 20 Vivian Manasc, Principal Partner, Manasc Isaac Architects Building a Vision: First Nations Architecture November 26 David Matas, Officer of the Canadian Section of the International Commission of Jurists Establishing an International Court for Crimes Against Humanity January 14 Mr. Justice Létourneau, Federal Court of Appeal of Canada Author of: A Dishonoured Legacy: The Lessons of the Somalia Affair The Problems Faced by Modern Day Commissions of Inquiry January 21 Julie MacFarlane, Director: University of Windsor Mediation Clinic A Law School Based Community Mediation Service: a new face for clinical legal education at the University of Windsor Mediation Clinic March 11 Marilyn Buffalo, President, Native Women’s Association of Canada Seeking Justice for Aboriginal Women in Canada CALENDAR OF EVENTS September 10-13 The Commercialization of Genetic Research: Ethical, Legal and Policy Issues Second International Conference on DNA Sampling Hotel Macdonald, Edmonton October 1 Opening of the newly renovated Eldon D. Foote Moot Courtroom 2nd Floor, Faculty of Law, University of Alberta, 2:00 p.m. October 1-4 Reunion Weekend University of Alberta November 3 David Cargill McDonald Tribute Dinner Westin Hotel November 26-29 Universal Rights and Human Values: A Blueprint for Peace, Justice and Freedom An International Conference to celebrate the 50th Anniversary of the United Nations Universal Declaration of Human Rights Sheraton Grande, Edmonton SSS SSS University of Alberta -8- Faculty of Law