Reflections on the 17th Annual Canadian Law Student Conference
Written by Justin Papoff
On March 14th and 15th, I had opportunity to attend the 17th annual Canadian Law Student Conference held in Windsor, Ontario. I attended alongside my fellow third-year classmates, Matthew London and Megan Simpson. The conference, hosted at the University of Windsor Faculty of Law, brought together law students from several law schools across Canada, including the Schulich School of Law at Dalhousie University, the University of Western Ontario Faculty of Law, and more.
This experience was both valuable and memorable. I had the opportunity to present my paper titled “Holding the Kids Hostage: What Family Lawyers Can Learn from Hostage Negotiators,” which I had written for Professor Gallant’s dispute resolution class during the Fall 2023 semester. My paper argued that hostage negotiation strategies can be a valuable tool for lawyers during family law disputes. I argued that hostage negotiations and family disputes are a good comparison because both can involve high-stakes, high-urgency, emotionally-charged interactions with other hostile parties. Given the adversarial nature of Canada’s justice system, lawyers have traditionally treated family disputes as win-lose battles, neglecting the emotional complexities involved. This approach is problematic, as family disputes – especially ones involving children – require the maintenance of an ongoing relationship with the other party. By adopting skills used by hostage negotiators such as active listening, empathy, trust, and rapport, I believe lawyers can facilitate behavioral change and enhance cooperation in family disputes. Practically, these skills can be integrated by incorporating the Behavioural Change Stairway Model into law school curricula and ongoing professional legal education for lawyers.
During the conference, I was happy to see that several fellow-attendees were interested in learning more about my paper. I received questions about the intersection of mediation and arbitration within the legal profession, prompting discussions on the effectiveness of these conflict resolution methods. I was also asked about how I foresee the training of lawyers changing and whether lawyers should be trained as quasi-social workers. Overall, these questions reinforced my belief that there will be a need for continuous adaptation and growth among lawyers. When attending other panels, I learned about a variety of topics as they relate to legal issues, including environmental racism, India’s caste system, digital privacy of children, feminist approaches to alternative dispute resolution, and more. These sessions were insightful and opened my eyes to many of the ongoing legal and ethical issues occurring around the world.
Another highlight from the conference was the keynote speech delivered by The Honourable Malcolm Rowe of the Supreme Court of Canada. Justice Rowe began his speech with a reference to Charles Darwin’s “On the Origin of Species” and contrasting “change through continuity” from “continuity through change”. I believe he made this distinction to highlight that industries, including the legal profession, cannot continue to be successful for generations without adapting to the times. Justice Rowe went on to discuss the future of the legal profession, highlighting significant changes expected in various divisions such as private practice, government, academia, and in-house legal departments. He predicted innovation across these divisions, driven by private firms competing to serve clients quickly and efficiently. He contrasted this accelerated innovation in private practice from the slow-moving and sometimes “flat-footed” innovation seen in government, an industry which has no competition and thus little incentive to change. That said, no matter the division of law, Justice Rowe explained – with another reference to Darwin – that lawyers who do not adopt new technology will “fall by the wayside” while lawyers who adapt will thrive. Justice Rowe also underscored the importance of catering to Indigenous clients, foreseeing a future of high demand for legal services for Indigenous governments and enterprises.
Thank you to the Desautels Centre for supporting my attendance at the conference and making this opportunity possible. I am confident that the perspectives I gained and the connections I made during the conference will be invaluable throughout my upcoming legal career.
The views and opinions expressed in the blogs and case reporter are the views of their authors, and do not represent the views of the Desautels Centre for Private Enterprise and the Law, the Faculty of Law, or the University of Manitoba. Academic Members of the University of Manitoba are entitled to academic freedom in the context of a respectful working and learning environment.