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Photo of Gale Cup Moot Team and Coaches left to right Gale Cup Moot Team (left to right): Denise Sarmiento, Kaitlyn Clarke, Andrew Bergen, Derek Zaporzan, Sameer Harris, and Coaches Ashleigh Smith and Dayna Queau-Guzzi (both Manitoba Justice). Photo source: Sameer Harris.

Gale Cup Moot Team (left to right): Denise Sarmiento, Kaitlyn Clarke, Andrew Bergen, Derek Zaporzan, Sameer Harris, and Coaches Ashleigh Smith and Dayna Queau-Guzzi (both Manitoba Justice). Photo source: Sameer Harris.

Moot Report 2025: Gale Cup

It takes a village to train a moot team

May 26, 2025 — 

The Gale Cup Moot’s Team Manitoba was in Toronto from February 27 – March 2. Kaitlyn Clarke and Andrew Bergen (2Ls) were a Respondent team while Sameer Harris and Derek Zaporzan (2Ls) were Appellants. Denise Sarmiento (3L) was the researcher, (plus clerk and timer at practices). The team was coached by Dayna Queau-Guzzi and Ashleigh Smith from the Appeals Unit at Manitoba Prosecutions.

“It takes a village to coach a Moot Team,” Clarke observed, remarking on the generosity and dedication of the Manitoba legal community to help train the next generation of lawyers. From the beginning of January until the team left for Toronto, Clarke said they practiced twice a week at the Manitoba Court of Appeal in front of five panels of Crown and defence lawyers, and a panel of Provincial Court Judges. “The final practice panel was in front of three Manitoba Court of Appeal Justices, including the Chief Justice of Manitoba, The Honourable Marianne Rivoalen, herself,” said Clarke.

The Gale Cup has been Canada’s premier appellate moot on criminal and constitutional law since 1974.  The assigned moot problem for 2025 was R v Bykovets, 2024 SCC 6, focussing on Section 8 of the Charter, in particular, the privacy of IP addresses of Canadians. While Manitoba did not bring home any prizes, Clarke said, “I think I speak for everyone when I say we walked away with something much more practical than a prize – a fantastic learning experience to add to our resumes and tool kits as we prepare for articling interviews, and articling for Denise.”

In a LinkedIn post, Harris expressed pride in the team’s work. “I would like to thank my co-counsel, Derek Zaporzan, and my teammates Kaitlyn Clarke, Andrew Bergen, and Denise Sarmiento for their hard work, effort, and support throughout our preparation,” he wrote. “I’m incredibly proud of our determination, creativity, and progress over the past few months and of the advocacy skills we have honed along the way.”

Clarke and Sameer expressed deepest thanks to their coaches, Smith and Queau-Guzzi, on behalf of the team. “We are deeply grateful for your guidance, feedback, tireless effort, and unwavering dedication since our very first meeting. Your impact on our skills and professional development will extend far beyond this competition,” Harris wrote.

In addition to acknowledging the contributions of numerous lawyers and justices who took time out of their busy schedules to help with practices, the team also thanked University of Manitoba Faculty of Law moot coordinators, Professor Darcy MacPherson and Director of Clinics, Elizabeth McCandless, for their support and guidance.

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