|
Subject
Constitutional (usually Charter) and criminal law.
Topic for 2000 moot
The case mooted was based on R. v. Cook, [1998] 2
SCR 597.
Issues included the extraterritorial application of the Charter (i.e.
whether the Charter applies to Canadian police if they interrogate
suspects outside Canada), and the exclusion of evidence based on trial fairness
under ss 7, 11(d) and 24(2).
Composition of team
Two appellants and two Respondents. We did not have a researcher on our team
this year, although some other law schools did.
2000 team members
Frank Au
Leora Shemesh
Jane Paproski
Jonathan Shime
2000 Faculty Advisor
Professor Janine Benedet (an absolutely fantastic coach, and in
our view,
the reason we won!!)
Important dates in the 2000 competition
The case mooted was selected in August, 1999. Appellant's factum due January
14, 2000, Respondent's factum due February 4, 2000. Competition took place at
Osgoode Hall (downtown) on February 25 and 26, 2000.
Special features
Gale Cup is sponsored by the Canadian Bar Association, and is open to all
Canadian law schools (this year 14 participated, simultaneous translation being
provided by professional interpreters in bilingual rounds). The problem to be
mooted is usually drawn from a case recently decided in the Supreme Court of
Canada. The judging panels are made up of presiding judges from various Canadian
provinces.
The preliminary moots take place on Friday evening and Saturday morning. The
4 top-scoring schools from the preliminary rounds are then announced and they
proceed to the Final rounds (they are given 1 hour to prepare their argument on
a variation of the case which was already mooted). The Final moots are held on
Saturday afternoon and judged by a panel including Supreme Court of Canada
Justices (this year Cory and Gonthier JJ).
Awards
There are prizes for each of the 4 finalist teams, the 1st-place team
receives the Gale Trophy (since the Gale Cup's inception in 1974, Osgoode has
won this trophy twice, first in 1994 and now in 2000!). There are prizes for the
top 3 facta in the competition. Finally, the Dickson Medal is awarded to top
individual oralists (donated by the American College of Trial Lawyers to honour
former Chief Justice Brian Dickson, who was the first recipient of the Dickson
Medal in 1991). In 2000, Frank Au won a Dickson medal this year.
| 
