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FEATURE JP: Does the Court’s decision prohibit the federal government from becoming more involved in securities regulation? DM: Absolutely not. The opinion of the Court simply indicates that the federal government cannot act unilaterally in this area and take over what has been the domain of the provinces. But this is not the end of the story. There is such a thing as “collaborative” or “cooperative” federalism. There is no reason that the federal government cannot work alongside the provinces to ensure that securities markets work properly and efficiently. In other words, rather than taking something away from the provinces, if the federal government wants a say in the regulation of securities, the federal government will have to play nicely with its provincial and territorial counterparts. JP: Is there a practical reason to have more than one regulator? DM: There many practical advantages to having more than one regulator. The dominant regulator in the United States (the Securities and Exchange Commission) did not stop a number of market problems in the last decade. In my view, anything that involves people is fallible. Since this is true, multiple sets of eyes looking at potential securities offerings is a good idea. One set of eyes can miss things. The more regulators that look at the offering, the less likely it is that major errors will be made. This will avoid complacency by all regulators when they know that other regulators will also be reviewing the documents. Some will say that efficiency will be lost. Any regulation at all will slow the offering from getting to market. But the point of regulation is to protect the public. Just because a number of regulators are examining the offering does not necessarily mean that speed will be sacrificed. Different regulators can review the offering at the same time. In the end, therefore, there are a number of advantages to multiple regulators. For a more detailed discussion Check out Darcy MacPherson’s article on the Manitoba Law Journal blog at robsonhall.ca/mlj/ 77 ROBSON HALL ALUMNI REPORT
Retrieving Aboriginal Legal History By DeLloyd J. Guth, Ph.D. Professor of Law and Legal History HOW BEST TO LEARN AND TEACH ABORIGINAL LAW AND LEGAL HISTORY? Did you know that such a subject exists: Aboriginal law beyond and before Canadian law? The first problem most first-year law students face is awareness and recognition about what Aboriginal law has to do with “the law”, the unitary Canadian legal-judicial system, whether inside or outside it. And the first problem for First Nations people is also one of awareness: what law? whose law? where? when? UNIVERSITY OF MANITOBA, FACULTY OF LAW robsonhall.ca 78
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2012 A l u m n i RepoRt robson hall
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CONTENTS 27. 17. PROFILES 17. Abori
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INTRODUCTION continued... research
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BRIEFS An Evening of Excellence 201
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BRIEFS The Idea of a Human Rights M
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BRIEFS DISTINGUISHED VISITOR LECTUR
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Photo courtesy of Joe Byyksa Winnip
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Photo courtesy Joe Bryksa, Winnipeg
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A seminAr series held At the Univer
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law students who face challenges as
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BRIEFS Rebels with a Cause LAW STUD
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BRIEFS REBELS WITH A CAUSE continue
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AWARDS AND PRIZES LIEUTENANT M.M. S
Page 27 and 28: BRIEFS D.A. THOMPSON, Q.C. PRIZE Bu
Page 30 and 31: Front-Line Legal Magdalena Siepka -
Page 32 and 33: “There is often simply no time to
Page 34 and 35: New York New York Mark Adkins - Cla
Page 36 and 37: “My prior firm merged with a New
Page 38 and 39: 37 ROBSON HALL ALUMNI REPORT
Page 40 and 41: education I got at the Manitoba Law
Page 42 and 43: International Law a Passport to the
Page 44 and 45: FEATURE Fenwick was given an opport
Page 46 and 47: permanent international criminal co
Page 48 and 49: BRIEFS Cheers to the Charter! ROBSO
Page 50 and 51: BRIEFS Mishpatim Program A Life Cha
Page 52 and 53: Pro Bono Students Open New Campus L
Page 54 and 55: RURAL ROUTES U of M lawyers extol c
Page 56 and 57: FEATURE Recalling his own experienc
Page 58 and 59: Raising funds and awareness Rana Bo
Page 60 and 61: FEATURE Trish Goulet briefly consid
Page 62 and 63: It’s fun being ‘Green’ James
Page 65 and 66: Business Law Education Moves from t
Page 67 and 68: FEATURE Left: Marshall Ring, Biomed
Page 69 and 70: BRIEFS Marcel A. Desautels Centre f
Page 72 and 73: In 1999, the Supreme Court of Canad
Page 74 and 75: New Courses & Program Offerings SEV
Page 76 and 77: Did the Supreme Court of Canada Get
Page 80 and 81: Here at Robson Hall, unlike most No
Page 82 and 83: BRIEFS Moots & Competitions ROBSON
Page 84 and 85: Faculty Research Report 2011 - 2012
Page 86 and 87: Meet Our New Dean DR. LORNA A. TURN
Page 88 and 89: Faculty News TENURES AND PROMOTIONS
Page 90 and 91: BRIEFS Faculty Awards & Achievement
Page 92 and 93: The Gender Divide In Corporate Law
Page 94 and 95: Students questioned whether they sh
Page 96 and 97: New Boundaries of Philanthropy and
Page 98 and 99: oriented approach. The double botto
Page 100 and 101: Alumni News HOMECOMING 2011 & REUNI
Page 103 and 104: Alex Forrest - Class of 1995 By Mar
Page 105 and 106: PHOTO BY SEAN KILPATRICK / THE CANA
Page 107 and 108: FEATURE lesser extent Dreyfus, they
Page 109 and 110: FEATURE Churchill’s viability as
Page 111 and 112: 1995 Gary Gervais, founder and pres
Page 113 and 114: Class Notes continued... 2008 Danie
Page 115 and 116: Osprey Capital Partners is a proud
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