Supplied - Ryan EmberleyAt 21 years old, second-year Faculty of Law student Fraser Genuis was one of the youngest people competing in last month’s Gale Cup Moot, a national law school tournament. But despite his relatively young age, Genuis won the competition’s “Top Oralist” award.
“(Age) doesn’t really matter,” he said. “It’s about how you answer the questions.”
Genuis was a member of the four-person team representing the University of Alberta that won third place overall out of 20 teams from law faculties throughout Canada.
The Gale Cup Moot gives students a chance to argue a case in front of a panel of practicing judges. The case was at the appellate level, which Genuis said involves appeals after a jury’s decision. All teams argued either for or against the Supreme Court’s ruling in a case involving a mother charged with first-degree murder in killing her three children.
“The question was whether (her actions) were part of a suicide pact with her husband or whether there had been a pact and she abandoned the plan,” Genuis said.
Against a Laval University team defending the court’s ruling, Genuis and teammate Stacey Purser acted as appellants, challenging the court’s ruling. The other half of the UAlberta team were respondents, defending the court’s decision against McGill University.
“(Our team) went through the very technical process of flipping a coin to see who was who,” Genuis said, jokingly.
Genuis argued that the accused was entitled to a new trial where the jury would be allowed to consider the defence of abandonment. The Supreme Court argued the accused didn’t outright state she had intention to abandon the pact prior to the crime, but actions such as tearing up documents, Genuis argued, implied that she actually had. Mental illness was also a factor in the case.
“Most lawyers will never ever use the defence of abandonment,” Genuis said, but added that the experience showed him the process of preparing an appeals case.
Also representing the U of A, Jonathon Austin and William van Engen won the competition’s award for best factum, which is a submitted written argument. The U of A has fared well in previous Gale Cup Moot competitions, finishing third overall in 2013 and winning the top prize in 2001.
Practice for the moot competition started last semester, and Genuis said he is happy with his team’s finish. He said the University of Toronto team deserved their first-place finish, but still appreciates the hard work of his other team members and the team’s coach, Nathan Whitling.
“It’s quite an experience going up there for half an hour and being questioned,” said Genuis, who especially enjoyed meeting and presenting in front of Supreme Court Justice Clément Gascon.
“You need to know your argument very well or else you’ll be taught a lesson,” he said. “And there were several of those in the practice rounds.”
He also thanked his girlfriend for peppering him with questions about the defence of abandonment.
The Gale Cup Moot helped Genuis prepare for his post-law school role as a clerking student with the court of Queen’s Bench in Edmonton, he said, while spurring an interest in defence work. Ultimately, it showed him how much he enjoys practicing law.
“I’d be happy next year if they let me compete again,” Genuis said. “Law’s a lot of fun.”
