The Bora Laskin Faculty of Law’s full-year Civil Practice course takes learning the Rules of Civil Procedure to a whole new level. A mandatory course for second year students, it combines learning the Rules and key concepts that are central to the mandate of the Faculty of Law - such as access to justice and serving small, rural communities – with a skills-based advocacy aspect. The course was first offered last year, as the Charter Class made its way through 2L.

The first semester, taught by Professor Jason MacLean, introduced students to the Rules and many of the key aspects that take place in civil cases – such as drafting budgets and pleadings, and conducting examinations for discoveries. Students were divided up into small groups, and were advised by local lawyers, who played the role of both the “client” and the “managing partner”.

"It would be ethically and professionally irresponsible not to focus on access to justice in a course on civil practice and procedure."

Throughout the semester, MacLean emphasized the importance of access to justice, and how lawyers can use (and are using) the tools available in the system to help increase access to the legal system, such as the new summary judgment rule (rule 20) and the $99 will service offered at some Ontario Walmart stores.

When asked why he focused so much on access to justice, MacLean explained, “It would be ethically and professionally irresponsible not to focus on access to justice in a course on civil practice and procedure. As Justice Karakatsanis explained in Hryniak v. Mauldin, [2014] 1 S.C.R. 87, "[e]nsuring access to justice is the greatest challenge to the rule of law in Canada today." She went on to exhort lawyers, "in accordance with the traditions of their profession, [to] act in a way that facilitates rather than frustrates access to justice. Lawyers should consider their client's limited means and the nature of their case and fashion proportionate means to achieve a fair and just result." That's a pretty powerful statement, and one that's difficult to argue with. And yet because it's also easier said than done, it was important for me to treat the issue of access to justice critically in our Civil Practice course. […] If we are to have any hope of ensuring access to justice -- and by extension, safeguarding the rule of law -- in Canada, the reform movement must begin with legal education.”

"The course requires students to use their knowledge of substantive law, procedural law, the law of evidence, negotiation skill and advocacy skill. It requires, in other words, the entire 'lawyering package.'"

In the second semester, Founding Dean Lee Stuesser guided students through a series of litigation exercises, from negotiating damages to appeals. The most time-consuming assignment was a half-day trial. In order to prepare for trials, Stuesser set up four workshops, during which students practiced litigation skills such as cross-examinations, direct examinations, impeaching the witness, and marking evidence. Students would then receive feedback from the “managing partners”. During the mock trials, all these skills were put together, sandwiched between opening and closing statements, and followed by more feedback from lawyers and professors who acted as “judges”.

According to Stuesser, “the course requires students to use their knowledge of substantive law, procedural law, the law of evidence, negotiation skill and advocacy skill. It requires, in other words, the entire "lawyering package".” When asked what makes it different from other students taking advocacy, he emphasized that the course is both mandatory for all students and “far more complex”, while emphasizing both good oral and written skills. MacLean explains, “[b]y seeing a single litigation matter through from beginning to end, the aim is for students to attain a more complete and more well-rounded understanding of the civil litigation process.”

Combined with five other courses, the Civil Practice course made for a demanding year. However, students are already experiencing the benefits of the course. The hands-on activities instilled practical knowledge and inspired confidence in them to handle similar legal processes in the “real world”.

Shawn Bell explained how the skills helped him during his summer employment, "One of the first things the firm I [worked at] this summer had me do was draft the pleading for a statement of defence. Before the civil practice course I had no idea what 'pleadings' meant. After that course I knew exactly what they were looking for and even better, I knew which textbook to pick up for a refresher on how to write it. […] going through the entire process […] while in school was an invaluable introduction to the day-to-day work of being a lawyer."

While the rules of the court are different between provinces, the skills learned in the course are highly transferable. On my first day of work this summer in Kamloops, BC, I was sent to do an application in the Supreme Court. Since I was armed with the skills and practice, I felt confident and made a successful application – impressing my firm on day one.

MacLean hopes that students takeaway three key points from the course: “(1) that the practice of law is a privilege that has to be earned, and that privilege comes with profound moral and professional responsibilities; (2) that the practice of law is a craft, one that's more an art than a science, and one that takes a lifetime to learn; and (3) that the practice of law requires creativity, not the blind and slavish adherence to a set of supposedly fixed and logical rules […] and that true happiness in the law comes from embracing its fuzzy logic and coming up with creative solutions to people's problems.”

Now in its third year, with a full complement of students, the Bora Laskin Faculty of Law is seeing more exciting developments: 3Ls are beginning placements as part of the integrated LSUC licensing process; the legal clinic has opened its doors; and we continue to develop and build upon new initiatives to make the newest law school in Canada a top notch place to learn to be a lawyer.

It is an exciting time for our school, and we look forward to sharing more with you as we continue to build upon the solid foundation developed under the dedicated leadership of Founding Dean Lee Stuesser.

About the Author

Alison Morris is a 3L and a member of the Charter Class at the Bora Laskin Faculty of Law at Lakehead University. She is also the Lakehead University Ambassador on the OBA Student Executive