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Prostitution and the Law: What does the future hold? The Road Less Traveled From Courtroom to Classroom

UBC LAW | AT ALLARD HALL

Combating Corruption UBC Law awards its first ever Allard Prize for International Integrity to Anna Hazare (pictured below).

Alumni Magazine窶ピpring 2014

PROTECTING HUMAN RIGHTS FACULTY AND ALUMNI AROUND THE WORLD ARE FIGHTING FOR THE RIGHTS OF OUR MOST VULNERABLE.


UBC LAW | AT ALLARD HALL Faculty of Law Alumni Magazine

Publisher UBC Faculty of Law Editor-in-Chief Dean Mary Anne Bobinski Managing Editor Simmi Puri Proofreaders Simmi Puri, Jennifer Regan and Tracy Todd Contributors Corey Allen, Mary Anne Bobinski, Jonathon Braun, Chris Cannon, Si Hao, Paul Kressock, Simmi Puri, Jennifer Regan, Roberta Staley, Rod Urquhart Art Director John Ngan / JNCD Photography Martin Dee, Don Erhardt, Bill Weaver (Across Borders Media) Editorial Board Mary Anne Bobinski, Simmi Puri, Kari Streelasky, Rod Urquhart

14 Profile: Matt Westphal

Advisory Board Sarah Batut; Matt Brandon; Justice Janice Dillon; Anna Feglerska; Anne Giardini, QC; Annie Ho; Geordie Hungerford; Sarah Jones; Kat Kinch; Miranda Lam; Willis O’Leary; Joan Rush; Betsy Segal; Katie Seymour; Brittany Skinner; Allen Soltan; James Spears; Martin Taylor, QC; Chris Trueman; Rod Urquhart

FEATURES

The University of British Columbia Faculty of Law at Allard Hall 1822 East Mall · Vancouver BC · Canada · v6t 1z1

20 Combating Corruption Last fall, UBC Law awarded its first-ever Allard Prize for International Integrity. The inspiring event included an awards ceremony honoring the achievements of those working to fight corruption around the world.

Letters to the editor, contributions to Closing Arguments, Class Notes, address updates and general feedback about the magazine can be submitted to the editor by email at communications@law.ubc.ca or by mail at the address above. Submissions may be edited for length and clarity. Address updates and Class Notes may also be submitted online at www.law.ubc.ca. UBC Law Alumni Magazine is published once a year by the UBC Faculty of Law; 10,000 copies are distributed to UBC Law alumni and the community via direct mail. Copyright UBC Faculty of Law Publications Mail Agreement Number 41130018

Protecting Human Rights

The woman in this photo is Kim Jung-ae (a pseudonym), 62. After her son died of starvation, Ms. Kim escaped from North Korea to find food and shelter in China. This image was selected as one of the winners of the Allard Prize photo competition. To learn more, see page 22. Photo: Katharina Hesse

24 Prostitution and the Law: What does the future hold? UBC Law faculty members and alumni have played an important role in helping to shape prostitution laws in Canada. In this article they share their perspective on this complex debate. by Roberta Staley & Simmi Puri


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Prostitution and the Law

Report on Giving

Spring 2014

DEPARTMENTS 4 Message from the Dean 28 Alumni Profiles Whether close to home or across the Pacific, UBC Law Alumni around the world are tackling important human rights issues like mental health, immigration and homelessness.

5 Message from the UBC Law Alumni Association President and Alumni Relations Manager

UBC Law Community 33 Faculty 36 Students 40 Alumni 44 Honour Roll

6 Law School Briefs 46 Closing Arguments 9 10 12

Report on Giving Message from the Assistant Dean Reunion Giving Class Reunions

14 The Road Less Travelled From Courtroom to Classroom Leaving an enviable career in law behind, Matt Westphal (class of ’99) is using his legal education to inspire high school students. by Chris Cannon

47 In Memoriam 48 Looking Back


[ MESSAGE FROM THE DEAN ]

I t h a s b e e n a nothe r busy year at UBC Law at Allard Hall. As one of Canada’s leading law schools, UBC Law remains committed to being one of the world’s great centres for legal education and research. This past year, a new Visiting Chair program brought leading academics from other world-class institutions, including Harvard, Oxford, Emory and Melbourne Law School to teach in the JD program, while the law school also prepared to launch a new course-based LLM in Tax Law program. UBC Law faculty members have continued to secure funding in major peer-reviewed competitions and have had their work published by leading presses and cited by the Supreme Court of Canada and other courts and tribunals around the world. Adding to its research strengths, the Faculty also recruited new faculty members with expertise in business law, tax law, intellectual property law, and aboriginal law. Finally, as in past years, UBC Law students won several moot competitions, with team members securing many specific performance prizes as well. The law school’s continued recognition within Canada and internationally depends in part on building connections, whether with local alumni who continue to be involved at UBC Law as adjunct professors and mooting coaches or with international academic institutions through academic exchanges. I was delighted to have the opportunity this year to travel throughout Asia visiting alumni and partner universities to build and develop UBC Law’s connections there, exploring further opportunities to provide our students with inspiring global learning programs and to establish enhanced networks for scholarly collaboration and exchange. We also encourage our alumni to continue to build these ties with each other. The connections forged in law school can last a lifetime and, for many, are some of the most valuable professional and

4  UBC Law Alumni Magazine Spring 2014

personal relationships they have. Celebrating this, UBC Law helped host numerous class reunions over the course of the year. In the Report on Giving section, we focus on alumni who have used their reunions as an opportunity to give back to the university and support student financial aid at UBC Law. We are grateful for all of the continued support we receive from our community, both locally, nationally and abroad. Taking inspiration from this year’s inaugural Allard Prize for International Integrity, this edition of your UBC Law Alumni Magazine focuses on the involvement of UBC Law alumni in public interest activities and human rights issues in Canada and internationally. One of UBC Law’s key strategic commitments is to provide an exceptional and inspiring legal education that enables students to excel in both professional practice and in serving society. As the following pages illustrate, UBC Law students entering the legal profession today certainly have numerous inspiring examples of alumni who have used their legal education to address important social questions in constructive and meaningful ways. As always, I welcome your feedback and ideas around the magazine and alumni communication and initiatives. Drop us a line at communications@law.ubc.ca. Very truly yours,

Mary Anne Bobinski Dean and Professor, UBC Faculty of Law


[ MESSAGE FROM THE UBC LAW ALUMNI ASSOCIATION PRESIDENT & UBC FACULTY OF LAW ALUMNI RELATIONS MANAGER]

2013 – 2014 UBC Law Alumni Association Members executive members Rod Urquhart, President The Honourable Mr. Justice James Williams, Vice President Michael Feder, Treasurer Kibben Jackson, Secretary

board of directors Kinji Bourchier Geoff Bowman Maggie Campbell Garret Chan Marylee Davies Professor Robin Elliot, QC

Anna Feglerska Kerry Grieve Oana Hyatt Craig Jones Kat Kinch Derek Lacroix, QC David Miles

Year af ter year, UBC Law alumni continue to impress. Our fellow alumni were recognized for their valuable contributions to the practice of law, their innovative spirit, and their commitment to building a more just society. They were honoured by their peer community at an array of celebrations, including, notably, a special retirement dinner for the Honourable Lance Finch, the former Chief Justice of the British Columbia Court of Appeal. More than 1,100 guests attended the dinner sponsored by the UBC Law Alumni Association and celebrated the Honourable Mr. Finch as he was presented with the UBC Law Alumni Association Lifetime Achievement Award. Congratulations to the Honourable Lance Finch (Class of 1962) and all of our accomplished alumni who make all of us proud to be part of the UBC Law family. This year, your UBC Law Alumni Association will host its awards dinner, recognizing alumni and their vast and diverse successes and many contributions to society. Similarly, this publication of the UBC Law Alumni Magazine focuses on individuals who have dedicated much of their careers to serving the needs of society, particularly in the realm of human rights. Staying in touch with your fellow alumni, especially those taking the path less often travelled, can be inspiring and rewarding. You will benefit from staying connected to the Faculty of Law, including the professors that provided important guidance in your days as a student. I would encourage you to maintain these relationships by doing simple things such as reading your monthly alumni newsletter, attending an alumni event, checking the UBC Law website, joining our UBC Law LinkedIn group, or attending your class reunion. Your UBC Law Alumni Association is here to assist you in strengthening these connections in every way we can. Stay connected, inspired, and continue to make a difference.

John Munnis David Neave Ryan Parsons Jeremy Shragge The Honourable Mr. Justice Jon Sigurdson Gordon Weatherill

T h i s pas t y e ar has been an exciting one for UBC Law alumni! The UBC Faculty of Law partnered with eight classes to celebrate milestone reunion years. Ranging from BBQs on the Allard Hall patio to fun parties at the Four Seasons Hotel, alumni had a multitude of opportunities to get together to share stories and laughs. Alumni also participated in our Law Students Society Reunion, Dine Out For Life supper club, and Toronto International Film Festival red-carpet soiree. Alumni attended dozens of speaker events and volunteered in droves as mock interviewers, mentors, and moot court coaches among others. This year, I hope to offer even more opportunities for alumni to reconnect with their classmates and engage with the Faculty of Law. The UBC Law Alumni Association Achievement Awards will be back and we will be hosting a panel on liquor law on April 3 (complete with wine tastings), amongst other new initiatives. I look forward to working with you to further enrich the UBC Faculty of Law alumni community experience!

Jennifer Regan Alumni Relations Manager, UBC Faculty of Law

On behalf of your UBC Law Alumni Association,

Rod Urquhart President, UBC Law Alumni Association Spring 2014 Alumni Magazine UBC Law    5


[ LAW SCHOOL BRIEFS ]

This past year, Professor Catherine Dauvergne (left) and PhD student Asha Kaushal (right) were cited in a landmark Supreme Court of Canada ruling, which will have implications for future war crimes cases and refugee applicants.

NEWS

agreements are pending with the National Law School of India University and the National Taiwan University College of Law.

New Faculty Appointments

front row, l to r: Dean Mary Anne Bobinski, John Hepburn, Vice President Research and International, UBC and Sun Changyong, Vice President, SWUPL.

Global Connections for UBC Law UBC Law has enjoyed long-standing ties with leading law schools around the world, including the University of Melbourne Law School, Hebrew University of Jerusalem Faculty of Law, the University of Hong Kong Faculty of Law and Peking University Law School. The law school has entered more recently into a new faculty exchange agreement with Melbourne Law School. In addition, the law school is exploring future collaboration with one of China’s leading law schools and expanding the range of options for UBC Law students in China with student exchange agreements with East China University of Political Science and Law in Shanghai and Southwestern University of Political Science and Law (SWUPL) in Chongqing. UBC Law’s recent MOU with SWUPL is part of a larger UBC initiative with China’s Chongqing government. Student exchange 6  UBC Law Alumni Magazine Spring 2014

UBC Law welcomed three new faculty members this past year: Associate Professor Wei Cui, whose research interests are focused on tax law and policy, public finance and the Chinese legal system; Assistant Professor Li-Wen Lin, whose current research uses law and economic sociology to explore the governance of China’s large state-owned enterprises; and Assistant Professor Graham J. Reynolds, who works in the areas of copyright law, intellectual property law, property law, and human rights. Visit law.ubc.ca to learn more about our faculty.

Special Guests at UBC Law Over the years, an impressive roster of speakers from around the world have come to UBC Law to give inspiring lectures and this year was no exception. An expanded Walter S. Owen and Douglas McK. Brown Visiting Chair program brought in visiting faculty from around the world, including David Garland (New York University), I. Glenn Cohen (Harvard University), and Imogen Goold (University of Oxford), to teach intensive classes in our JD program and participate in the intellectual life of the Faculty. UBC Law was also extremely fortunate to

have Mr. Stephen Lewis, C.C., Distinguished Visiting Professor at Ryerson University, serve as the keynote speaker at the Allard Prize for International Integrity award ceremony (learn more on page 20). He also spoke to students earlier that day on international legal advocacy. Many of these lectures can be viewed on UBC Law’s YouTube channel. Visit: youtube.com / UBCLaw1.

from l to r: Professor Margot Young, second year law students Flora Vineberg, Claire Hildebrand, Brendan Dawes, Megan Coyle, Jessica Lewis, and Lisa Bellano

The African Grandmothers Tribunal UBC Law had the honour of partnering with prominent Canadian NGO, The Stephen Lewis Foundation, to support the Foundation’s highprofile event, the African Grandmothers Tribunal. Held at the Chan Centre for the Performing Arts on September 7, the Tribunal provided a sounding board for the courageous African grandmothers who have stepped in to care for


orphaned children by putting them through school, supporting them through the loss of their parents to AIDS, and teaching them about HIV prevention and treatment. UBC Law Professor Margot Young worked directly with The Stephen Lewis Foundation to help support this important initiative by supervising law students who undertook summer research internship positions with the Foundation.

Recognizing Outstanding Achievement Third year UBC Law student David Wu was awarded the HSBC Emerging Leader Scholarship, a $5,000 scholarship granted each year to four UBC students with outstanding academic performance, who have also demonstrated a commitment to leadership and community involvement. The HSBC Emerging Leader Scholarship is just one of 20 awards that make up the Premier Undergraduate &

UBC Law Launches LLM in Taxation UBC Law’s newest graduate program offers full and part-time students advanced knowledge and technical expertise in Tax Law. The coursebased degree provides a solid foundation in core areas of tax law and practice, with the opportunity to develop expertise in a specific area of interest. Faculty involved in the program offer a unique range of expertise in Canadian, U.S., Chinese and International Tax for students drawn from Canada and and around the world. The program was initiated with the support of the law school’s Centre for Business Law and is directed by Professor David Duff and Associate Professor Wei Cui. Learn more at law.ubc.ca / llm-taxation.

Wesbrook Scholarships, the University’s most prestigious designation given to senior students. the recipient of the 2013 Harvey Bell Prize. The Harvey Bell Prize was established in memory of the late Harvey Bell, QC. Mr. Bell practiced law in the city of North Battleford, Saskatchewan and took a keen interest in Indigenous people and their communities. This prize is awarded to a Canadian law student for their probable contribution as a lawyer establishing the rights of Indigenous people in Canada and working towards the solution of problems faced by Indigenous persons and their communities within the Canadian legal system.

lawyers to work towards the requirements to practice law in Canada, or for anyone interested in taking a graduate-level course in Law outside of a degree program. Stay tuned to the UBC Law website (law.ubc.ca) for further details on admission requirements, the application process and course information.

Research with Impact

Assistant Professor Galit Sarfaty

Professor Galit Sarfaty Appointed CRC Tier 2 Assistant Professor Galit Sarfaty has been appointed Canada Research Chair in Global Economic Governance. Professor Sarfaty’s research has focused on major international economic organizations such as the World Bank, and she has recently published a book on the subject entitled Values in Translation: Human Rights and the Culture of the World Bank (Stanford, 2012).

2013 Harvey Bell Prize Aaron Wilson, a recent graduate from UBC Law’s Indigenous Legal Studies Program, is

Over the years, many of our faculty members have played leading roles in helping to shape public policy and laws both nationally and internationally. This past year, Professor Catherine Dauvergne and PhD student Asha Kaushal were cited in a landmark Supreme Court of Canada ruling, which will have implications for future war crimes cases and refugee applicants. Professor Michael Jackson appeared in front of the Supreme Court of Canada in the fall of last year on behalf of the BC Civil Liberties Association as an intervener in two cases involving the rights of prisoners. On page 24, read about Professor Janine Benedet and Professor emeritus Christine Boyle and their involvement around reforms to Canada’s prostitution laws.

Distance Learning at UBC Law In September 2014, UBC Law plans to offer online versions of four graduate-level law courses: Property Law (LAW 504), Canadian Public Law (LAW 505), Business Organizations (LAW 508), and Canadian Criminal Law and Procedure (LAW 525). These online courses present a great opportunity for foreign-trained

Congratulations to UBC Law’s Brendan Dawes and Megan Coyle who took home the trophy at the Mathews, Dinsdale & Clarke National Labour Arbitration Competition.

Victorious Mooters It was another successful year in mooting for UBC Law students. We took home the top prize in the Mathews, Dinsdale & Clark National Labour Arbitration Competition thanks to students Brendan Dawes and Megan Coyle. UBC Law also won the BC Law School’s Competitive Moot against University of Victoria and Thompson Rivers University. Congratulations to our team Emmanuel Fung, Caitlin OhamaDarcus, Aubrie Chaylt, Kevin Tjia and William Stransky. In March last year, UBC Law won the 2013 Willms and Shier Environmental Law Moot, held in Toronto against the team from Osgoode Hall Law School. Coached by Professor Benjamin J. Richardson, the UBC team were comprised of Jessica Todd, Meghan Trepanier and Sarah McCalla. UBC Law would like to thank all the students, faculty and volunteers that make each mooting season a success every year.  Spring 2014 Alumni Magazine UBC Law    7


REPORT ON GIVING

8  UBC Law Alumni Magazine Spring 2014


REPORT ON GIVING / MESSAGE FROM THE ASSISTANT DEAN

Reunions – Come Back and Give Back It’s no surprise that our graduates enjoy getting together to reminisce and reconnect with their former classmates. The years spent in law school, pouring over books, preparing for mock trials and memorizing cases can certainly bring people together and help forge long lasting relationships. Over the years, we have helped our graduates plan and host some very memorable reunions that have also resulted in generous gifts to the law school supporting generations to come. The law school continues to succeed thanks to the strong commitment of our alumni who come together with the common goal of strengthening UBC Law’s position as one of the highest ranking law schools in Canada. Below is a listing of top classes who have established awards, bursaries, or helped raise funds for the building project. Contributions from class giving initiatives total $950,000 and with your continued support we look forward to surpassing the million dollar mark next year! I hope you enjoy reading about reunion highlights from this past year. $200,000 and up Classes of 1968 and 1973* $50,000 and up Classes of 1954, 1962 and 1988* $25,000 and up Classes of 1958, 1967, 1970, 1976 and 1993*

What inspires you to give?

“I see value in giving back to the institution that helped me get to where I am today. Having come from a family of modest means and having to borrow money to go to university, I feel a sense of obligation to do what I can to give back and I think a lot of my classmates feel the same way and have been happy to contribute. There is a great deal of satisfaction knowing that we made a difference to a student’s education by providing a scholarship or a bursary or helping to fund a faculty member’s research. I’m very proud to be a part of that.” James (Jim) Taylor, QC (Class of ’68) Taylor’s class has raised over $200,000. Class donations supported the Class of 1968 Group Study Room as part of the building project and established the Class of 1968 Bursary and the Class of 1968 Alumni Scholar Fund.

“During my time in university, my parents were not able to help me financially, so I had to rely on grants and loans to get me through. There were many rainy nights of hitchhiking home from campus because I did not have the funds for a bus. I ran up a considerable amount of debt to pay for my education. The university has done a great deal for me, and other people should benefit from it.” Justice Grant D. Burnyeat (Class of ’73) Burnyeat’s class raised over $250,000 in support of the ‘David Brine Class of 1973 Seminar Room’ as part of the building project.

$10,000 and up Classes of 1953, 1963, 1972 and 1974 *These classes will be recognized on UBC Law’s lifetime donor recognition display in Allard Hall, which recognizes donors and donor groups whose cumulative contributions are greater than $25,000.

Supporting UBC Law Learn more about the start an evolution campaign and how you can support thinking that can change the world. Visit startanevolution.ubc.ca

Kari Streelasky Assistant Dean, External Relations UBC Faculty of Law at Allard Hall Spring 2014 Alumni Magazine UBC Law    9


REPORT ON GIVING / REUNION GIVING

Class of 1993

Class Reunions This past year, the Faculty of Law helped host eight class reunions from all generations. Whether it was getting together over an intimate lunch, or holding a barbeque on the 4th floor terrace of Allard Hall, our alumni value the opportunity to reconnect with their peers. But for many of these classes, reunions are much more than reminiscing about times gone by. They are also about giving back and supporting future generations of law students. Last year, the classes of ’63, ’88 and ’93 held some of the most successful class fundraising campaigns the law school has seen in recent years. Cumulatively, these three classes raised just over $70,000 in support of student financial aid for UBC law students. We are grateful to all of those who were inspired to give back to the Faculty as part of their reunion celebrations.

10  UBC Law Alumni Magazine Spring 2014

Class of ‘63

Class of ‘88

It was a milestone reunion for the class of ’63 who celebrated 50 years since graduating from UBC Faculty of Law. The class met at Allard Hall for welcoming remarks from Dean Mary Anne Bobinski and a tour of the building led by a current law school student. Afterwards, the class held a lovely dinner at Shaughnessy Restaurant in Van Dusen Gardens. Darrell Roberts, a class of ’63 graduate as well as a former UBC Law professor, along with his classmates Al Achtem and Tom English, inspired their fellow classmates to contribute to the Faculty’s bursary fund resulting in a class gift of $15,550. Thank you class of ’63 for your generous support of student financial aid.

The class of ’88 has held a reunion every five years since graduation thanks to their very committed and enthusiastic reunion committee led by Catherine Sas. This year, along with Aki Lintunen, Alan Ross, Doug Stewart, Joe Doyle, Michael Tammen, Todd McKendrick, and Will Westeringh, Catherine hosted a fantastic cocktail party on the 4th floor terrace of Allard Hall. Tours of Allard Hall were provided by current law students, then the class of ’88 enjoyed the beautiful weather as they mixed and mingled on the terrace while enjoying the spectacular sunset. The reunion festivities concluded at their old haunt Athene’s restaurant. With a goal of ‘$25K for 25 years’, the class exceeded their target by raising $28,371 in support of the Vincent Bjorndahl Memorial Fund, a


Class of 1988

Class of 1963

student bursary that they had previously set up in memory of their fondly remembered classmate. Cumulatively the class of ’88 has raised over $50,000 in support of this important student bursary. Thank you class of ’88 for your continued commitment to honour your classmate in this special way.

Class of ‘93 The class of ’93 celebrated their 20th reunion in style with a fantastic party at the Four Seasons Hotel organized by Garret Chan, Dawna Muller, Anne Dobson-Mack, and Don Bell. Classmates caught up with each other over champagne and delicious food, sharing many stories and laughs and even a few moves on the dance floor. Every classmate left the event with an updated ‘Legal Who’

The enduring significance that our law school education plays in our future, merits an ongoing recognition and appreciation of those transformative years. And a party every five years to celebrate anything is always a good idea!  – Catherine Sas (chair of the class of ’88 reunion committee)

complete with their graduation and current photo side by side. In addition, the class of ’93 celebrated their 20th reunion by fundraising in support of the class of ’93 Memorial Endowment. The class raised $26,562 in memory of six of their classmates who have passed away since graduation. Thank you class of ’93 for incorporating class giving into your reunion activities. 

Would you like to plan a reunion? Please contact the UBC Law Alumni Relations Manager, Jennifer Regan (regan@law.ubc.ca or 604 822 2584) to learn more about class reunions and how UBC Law can help you host your next celebration.

Spring 2014 Alumni Magazine UBC Law    11


REPORT ON GIVING / CLASS REUNIONS

Welcome Back! Another year of celebrations as UBC Law alumni got together to reconnect with their former classmates.

Class of 1953

Class of 1963

Class of 1973

12  UBC Law Alumni Magazine Spring 2014


Class of 1988

Class of 1993

Class of 2003

Spring 2014 Alumni Magazine UBC Law    13


[ THE ROAD LESS TRAVELLED ]

14  UBC Law Alumni Magazine Spring 2014


Matthew Westphal 

Class of 1999

FROM COURTROOM TO CLASSROOM After discovering a taste for teaching, Matthew Westphal left an enviable career in law to pursue a career in high school education. by Chris Cannon

Spring 2014 Alumni Magazine UBC Law    15


[ THE ROAD LESS TRAVELLED ]

Matthew Westphal (Class of 2004) teaches Law, French and Social Studies at Princess Margaret Secondary School.

M at t We s tp ha l ha s enjoyed a legal career any student would envy: A Law Society Gold Medal, a clerkship with the Supreme Court of Canada, and an offer from a prestigious New York firm. Now a high-school teacher in Surrey, where he teaches Law, French, and Social Studies, Westphal is using his law training in a way he never imagined while he was in practice. “When I teach, I have a big knowledge base to draw upon. I can tap into that, and

16  UBC Law Alumni Magazine Spring 2014

when students have questions, not that I can give them legal advice, but I can find the answer fairly quickly.” About 85% of his students at Princess Margaret Secondary School are Sikh or Muslim. Westphal uses his legal experience to connect with them by dissecting cultural issues with which they are familiar, such as legal cases that involve wearing turbans, kirpans (Sikh ceremonial daggers), and veils. “Not that the whole Law course is about that,”

he says, “but if I’m trying to introduce them to what a Supreme Court of Canada decision looks like, I choose a case about how kirpans are banned in Quebec schools. So naturally they can relate more to that, and they find it interesting how the legal system handles issues of freedom of religion, equality rights, and discrimination, because they’ve experienced that. It’s more real to them than it might be to other students.”


Westphal ‘s transition from lawyer to teacher was only one of a series of career choices that taught him how to prioritize the experience over the goal. The son of a pilot, Westphal spent his childhood moving between Alberta, Manitoba, British Columbia, and Quebec. After earning a degree in history from the University of Victoria, Westphal took his Masters at the University of Toronto, but his diverse interests made it challenging for him to narrow his focus. “I was more of a dabbler,” he says. “I was interested in lots of different things, but even at the Master’s level they are trying to narrow your path. It’s all about staking out a piece of turf and mining that. So there better be something you want to spend five to seven years on and want to research exhaustively. For me there was no such thing.” After a year working for a Toronto phone company, Westphal was eager to add some instant to his gratification, and dove head-first into the Law program, ending his first year at the top of his class. “At the time, I thought it was what I wanted to do,” he recalls. “My mind was geared towards achievement. I was very obsessed at being the best, being number one.” Although he admits his single-mindedness would have driven him regardless of the profession, he particularly excelled at Law, graduating with the highest GPA in the program. “It was an honour, of course, but …, the only thing it proves with any certainty is that I had a knack for writing law-school exams,” he laughs. Even when he wasn’t hitting the books, Westphal eschewed the notion of “free time,” spending his off-hours practicing with the moot team and writing letters for the school’s Amnesty International campaigns. His dedication led to a string of valuable awards and experiences, including the Law Society Gold Medal, a summer working in corporate law, clerking for Chief Justice Beverley McLachlin, and an offer from Cravath, Swaine & Moore in New York, where he spent his pre-clerking summer in their Mergers and Acquisitions group.

But even with these prestigious accomplishments Westphal wasn’t entirely satisfied, and was beginning to question his long-term goals. He had taken the summer job at Cravath, Swaine & Moore, he admits, because it was something all the other students wanted. “My mindset was just, Does it pay a lot of money? Is it hard to get? Is it a hard firm to get hired at? Is it tough? I was

Over the past three years, he’s found a home teaching at Princess Margaret, where he also oversees the student council and provides support for aboriginal students. “It had a reputation as being a very rough school,” he remembers. “When I got the job, another teacher said ‘I’m glad you got a job. Sorry it’s at PM.’ But that doesn’t really fit anymore. It may have been true ten or fifteen years ago,

Westphal’s transition from lawyer to teacher was only one of a series of career choices that taught him how to prioritize the experience over the goal. always seeking to prove myself.” Then one evening he attended a party at a ritzy Park Avenue apartment, where he overheard his boss expressing envy for some of his clients. “My boss made maybe $4 million a year,” he recalls, “but he didn’t feel rich because he worked with clients who were seriously rich. So it’s all relative. If you’re measuring with money, there’s always someone with more. If money is your target, that’s always going to be a moving target.” After returning to Vancouver, Westphal worked for six years in civil litigation and employment law. But he began rethinking his decisions and considering what the future might hold. “It’s only when I got off the treadmill a bit and realized, Is this all there is to life? I don’t have any more of these little things to keep me going, so now what is my goal going to be?” A chance encounter with a former professor led to a year lecturing on Torts and Commercial Transactions and supervising the moot team back at UBC Law, where Westphal discovered a taste for teaching. When he returned to litigation, the taste lingered, and eventually – on the advice of his ex-wife – he volunteered for several weeks as a teacher’s assistant at a local high school. He was hooked. He returned to UBC for a degree in Education before joining the substitute teacher force in Surrey, Coquitlam, and Vancouver.

but most of the students are great. I really enjoy teaching there.” Although Westphal credits his moot and lecturing experience with his ease in front of students, teaching at a high school opened up a whole new world for him. Naturally, students often ask why he traded the law office for a classroom. “I give them my speech, and they say, ‘You made so much more money!’ To them, it’s just crazy.” Like any good teacher, Westphal extols the virtues of happiness over wealth. Like any gaggle of teenagers, they don’t believe him. “Part of that is coming from first or second generation immigrants,” he explains. “They may have parents who work two jobs they hate because they’re trying to provide a better life for their family, so it’s a bit of a luxury to say ‘I didn’t feel fulfilled at this, I’m going to do something different.’ But it’s definitely about deciding what’s important. Do I miss the money? Sure. It’s always nice to have more, but it wasn’t going to make me happy.” “I’ve changed paths enough that I would never say this is it. But right now, yeah, I don’t see myself changing careers again. I feel happy and fulfilled in a way that I just never did before. 

Spring 2014 Alumni Magazine UBC Law    17


HUMAN RIGHTS & THE LAW

PROTECTING HUMAN RIGHTS 18  UBC Law Alumni Magazine Spring 2014


The UBC Faculty of Law has historically played an important role in the protection and promotion of human rights through its teaching and research. Many of our faculty members and graduates have been pioneers in articulating and supporting women’s rights, the rights of First Nations and indigenous communities, and the rights of victims of crime.

Faculty scholarship stands at the forefront of new thinking on crimes of corporate complicity, human trafficking, and economic and social rights. The Allard Prize for International Integrity (page 20) is an example of the law school’s role in promoting human rights both on a local and international platform. In the pages that follow, you will read about faculty members and alumni who are engaged in human rights at all levels, from advocating for the rights of the marginalized to providing legal representation to the defenseless.

The feature story “Prostitution and the Law: What does the future hold?” (page 24) provides insight into a complex issue that has left many legal advocates divided on the issue. But what brings them together is a passion for justice and for protecting the rights of the vulnerable. These inspiring members of the UBC Law community share the challenges that they face and what drives them in their fight against injustice.

This photo shows schoolchildren from families below the poverty line participating in the “Midday Meal” governmentsponsored program. According to the Indian government, it is the world’s largest school feeding program, reaching out to about 120,000,000 children in over 1,265,000 schools and other education centres across the country. However, while successful in many respects, the program is tainted by corrupt practices and mismanagement, risking children’s lives. This image was selected as one of the winners of the Allard Prize photo competition. To learn more, see page 22. Photographer: Sourav Karmakar

Spring 2014 Alumni Magazine UBC Law    19


HUMAN RIGHTS & THE LAW

20  UBC Law Alumni Magazine Spring 2014


opposite page top: The Allard Prize award was designed by Diatom Studio (Greg Saul and Tiago Rorke).

bottom (l–r): Anna Hazare, Mr. Stephen Lewis, C.C., Distinguished Visiting Professor at Ryerson University, Peter A. Allard, QC.

Combating Corruption

T

he fi ght for h uman righ ts received a significant boost of support recently, with the launch and awarding of the Allard Prize for International Integrity. The $100,000 Prize, administered by the UBC Faculty of Law at Allard Hall and generously funded by alumnus Peter A. Allard, QC, is one of the world’s largest awards recognizing efforts to combat corruption and to promote human rights. At a ceremony held last year on September 25 at Allard Hall, Indian anti-corruption advocate Anna Hazare was announced as the inaugural recipient of the Allard Prize. “My lifelong mission to fight corruption and promote transparency is stronger for having received this award,” said Mr. Hazare. “I have never been attracted to money and wealth, but the Allard Prize will help me and all those that are working towards the same cause to continue the fight. I am hopeful that this international recognition will promote

a movement for change that will endure beyond my lifetime for generations to come.” For decades, Anna Hazare has led successful movements across India to enhance government transparency and investigate and prosecute official corruption. TIME Magazine named the 2011 movement he started one of the Top World News Stories of the year. “We are honoured to present the inaugural Allard Prize to Mr. Hazare in recognition of his outstanding leadership and courage in his fight against corruption and for improved government transparency and accountability,” said Mr. Allard. “His work exemplifies the values of the Allard Prize, and his lifelong record of service and dedication has made a significant and lasting impact on the advancement of human rights.” The other finalists, Dr. Sima Samar, an internationally celebrated advocate for human and women’s rights from Afghanistan,

Today is about recognizing heroes in these fights, and telling their stories, in the hope that doing so will inspire change – not just in our systems, but in each of us personally.  – Peter A. Allard Q.C. at the Allard Prize ceremony. and Global Witness, an organization based out of London campaigning against natural resource-related conflict and corruption and associated environmental and human rights abuses, were each awarded $25,000 for their efforts in protecting human rights and fighting corruption.

Spring 2014 Alumni Magazine UBC Law    21


HUMAN RIGHTS & THE LAW

Allard Prize Photo Competition The Faculty of Law also launched a photo competition to recognize photographic excellence reflecting the ideals of the Allard Prize, with winning entries being announced every six months. (See images on opposite page, right.) 1 Children, such as the boy pictured here, comprise 15–25% of total employment in the bidi (a type of cigarette) rolling industry in India. Generally, the children work long days at far below minimum wage, with no days off. Those fortunate enough to go to school usually work both before and after classes. photo: sucheta das

Allard Prize recipients (from l to r): Anna Hazare, Dr. Sima Samar and Corinna Gilfillan from Global Witness.

The Allard Prize for International Integrity About the Allard Prize for International Integrity Established in October 2012 by UBC Law alumnus Mr. Peter A. Allard, QC, the Allard Prize is awarded to an individual, movement or organization that has shown exceptional courage and leadership in combating corruption, especially through promoting transparency, accountability and the rule of law.

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2 Slums such as Mathare, one of the largest slums in Nairobi, are completely abandoned to themselves and are full of corruption, crime and illegal trades. However, even in one of the most difficult, harsh and dangerous places in the world, there is beauty – and hope. photo: tony corocher 3 This photo illustrates the difficult exercise of union rights in Colombia, which for several years has led the world in union activists’ murders. According to the International Trade Union Confederation, at least 18 union activists were murdered in 2012, and 359 received death threats. This photo was taken in October, 2012 during a strike of oil workers supported by the Unión Sindical Obrera. photo: nadege mazars

“UBC Law has a deep and longstanding history of advancing human rights,” says UBC Law Dean Mary Anne Bobinski. “Faculty members have been pioneers protecting the human rights of women, indigenous communities and the rights of victims of crime around the world. We are honoured to recognize the work of these community leaders in the fight against corruption and for the protection of human rights.” After a comprehensive review process, the three finalists were selected from more than 100 nominations received, representing 48 countries around the world. The Allard Prize, which is administered by UBC Law at Allard Hall, is steered by a prize committee in consultation with the Allard Prize Advisory Board. Learn more about the Allard Prize on the following website, which is available in more than 10 languages: www.allardprize.org. The Allard Prize Advisory Board The Advisory Board includes individuals who have substantial experience in and

4 The “standing man” protest, which started in Istanbul on May 28, 2013 was sparked by outrage at the brutal eviction of a sit-in at Istanbul’s Taksim Gezi Park protesting the park’s demolition. Supporting protests and strikes subsequently took place across Turkey protesting a wide range of concerns, at the core of which were issues of freedom of the press, freedom of expression, and the freedom of assembly. photo: massimo barberio

commitment to the fight against corruption and for human rights: Dr. Mark S. Ellis, B.S., JD, Ph.D. (Executive Director, International Bar Association, London, England); Mr. James M. Klotz, LL.B. (Partner, Miller Thomson LLP, Toronto, Canada); Justice Ellen G. Northfleet (Partner, Ellen Gracie Advogados Associados, Rio de Janeiro, Brazil); and Stephen Zimmermann, Esq. (Director of Operations, Integrity Vice Presidency, The World Bank, Washington, DC). The Allard Prize Committee The Allard Prize Committee is composed of representative of both UBC Law at Allard Hall and the private sector: Natasha Affolder, Associate Professor at UBC Faculty of Law; Rob King, Principal at Westbridge Capital Group; Geoff Lyster, Partner at Fasken Martineau DuMoulin LLP; Richard Olson, Lawyer at McKechnie and Company; Benjamin Richardson, Canada Research Chair in Environmental Law & Sustainability at UBC Faculty of Law; and James Stewart, Assistant Professor at UBC Faculty of Law. 


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HUMAN RIGHTS & THE LAW

Prostitution & the Law What does the future hold?  by Roberta Staley & Simmi Puri

24  UBC Law Alumni Magazine Spring 2014


Prostitution and the Criminal Code: Sections 197 to 213 of the Criminal Code criminalize almost all acts associated with prostitution, such as owning or occupying a brothel, procuring a prostitute, communicating for the purpose of buying or selling sex in a public place, living off the avails of prostitution, and transporting someone for the purposes of prostitution.

D

e bate s u rro unding th e laws relating to prostitution is at least as old as the Criminal Code itself. The Supreme Court of Canada considered the most recent iteration of the debate in Bedford v. Canada, which was decided in December 2013. The Court considered whether certain sections of the Criminal Code dealing with bawdy houses (s. 210), living on the avails (s. 212(1)(j)), and communicating for the purpose of engaging in prostitution or obtaining the sexual services of a prostitute (s.213(1)(c)) were consistent with Section 7 of the Canadian Charter of Rights and Freedoms. The Court struck down the offences, suspending the declaration of invalidity for one year. The decision of the Supreme Court not only affects Parliament’s ability to use the criminal law as part of a national action plan on prostitution, but raises challenging questions about governmental approaches to prostitution moving forward. A number of UBC Law faculty members and alumni were directly involved with this case, representing various viewpoints and interested organizations. Some of those involved shared their perspectives on this thought-provoking case, providing insight into a very complex debate.

The Case Three women, Terri-Jean Bedford, Amy Lebovitch and Valerie Scott, brought a successful constitutional challenge to the above offences in the Ontario Superior Court in 2010. On the Crown appeal to the Ontario Court of Appeal, the court struck down the bawdy house offences, read in “in circumstances of exploitation” to the

offence of living on the avails, and upheld the communication offence. Both parties then appealed to the Supreme Court of Canada. The high-level of public interest in the case was reflected in the large number of interveners, including many represented by counsel from within our own UBC Law community. Some interveners supported the federal government, arguing that all of the offences were constitutional and should be upheld. Other interveners (the Women’s Coalition for the Abolition of Prostitution and Asian Women Coalition Ending Prostitution) argued that the Supreme Court should strike down the offences as they applied to prostituted persons, focusing on the particular needs of women and girls, but uphold the constitutionality of the offences as they relate to those who profit from the prostitution of others (pimps, owners and managers of brothels, advertisers) and those who constitute the demand for the prostitution of others (buyers or johns). Still others focused on sex workers more generally

places where they can’t access services and protection.” In the Downtown Eastside, sex workers operate “under viaducts and in alleys; [and in] the darker, more industrial parts of the community” to avoid police arrest. “There are no safety measures or mechanisms if they’re in trouble,” says Pacey. “There is no one to help them, no witnesses to see what vehicle they’re getting into or who they’re talking to.” With respect to bawdy houses she argues that it is obvious that “working indoors is much safer than working on the street and yet the law says it’s illegal to do so.” Pacey adds that decriminalization could divert the time and money currently invested in policing and prosecuting sex workers into services that address the myriad of social problems facing Downtown Eastside prostitutes: poverty, addiction, illness, racism and childhood trauma and neglect. “This is a way forward to our ultimate goal: that woman are in it only because it’s their choice [to engage in prostitution].”

The buying and selling of women’s bodies in prostitution is a global practice of sexual exploitation and male violence against women that normalizes the subordination of women in a sexualized form.  – Janine Benedet (Pivot Legal Society, Downtown Eastside Sex Workers United Against Violence and PACE Society) and argued that all of the offences were unconstitutional. UBC Law Alumni Magazine caught up with some of the counsel who represented the interveners. Katrina Pacey (class of 2004) along with fellow UBC Law alumnae Elin Sigurdson (Class of 2005) and Kathleen Kinch (Class of 1994) and Lisa Glowacki represented the Pivot/ SWUAV /PACE Coalition. Pacey argues that criminalizing communication effectively drives street-based sex workers into “remote and very dangerous

Janine Benedet (Class of 1993), UBC law professor and Director of the UBC Centre for Feminist Legal Studies was counsel for the Women’s Coalition for the Abolition of Prostitution, a coalition of seven front-line Aboriginal, anglophone and francophone women’s groups from across Canada (Native Women’s Association of Canada; Canadian Association of Elizabeth Fry Societies; Canadian Association of Sexual Assault Centres; Action Ontarienne Contre la Violence Faite aux Femmes; RQCALACS Federation of Quebec Rape Crisis Centres; Concertation des luttes contre l’exploitation

Spring 2014 Alumni Magazine UBC Law    25


HUMAN RIGHTS & THE LAW sexuelle; and Vancouver Rape Relief and Women’s Shelter). Benedet agrees that criminalizing women in prostitution, wherever they are located, only deepens the effect of the inequalities they endure. However, she disagrees that the men whose relative power and privilege creates the demand for prostitution ought to be decriminalized as well. Benedet, who with co-counsel Fay Faraday also appeared before the Supreme Court, argues that there is a fundamental inequality in prostitution. As she wrote in her factum, “The buying and selling of women’s bodies in prostitution is a global practice of sexual exploitation and male violence against women that normalizes the subordination of women in a sexualized form.” Hence, criminalizing prostitutes deprives them of their right to liberty and security as guaranteed under Section 7 of the Charter because it punishes women for men’s exploitation of them. The legalization of bawdy houses would de facto decriminalize the actions of pimps and johns

PROSTITUTION LAWS IN THE CANADIAN CRIMINAL CODE Prostitution laws in the Canadian Criminal Code that were challenged in Bedford v. Canada 210. (1) Everyone who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. Landlord, inmate, etc. (2) Everyone who (a) is an inmate of a common bawdy-house, (b) is found, without lawful excuse, in a common bawdy-house, or (c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having charge or control of any place, knowingly permits the place or any part thereof to be let or used for the purposes of a common bawdy-house, is guilty of an offence punishable on summary conviction. 212. (1) (j) Everyone who lives wholly or in part on the avails of prostitution of another person, is guilty of an indictable offense and liable to imprisonment for a term not exceeding ten years. 213 (1) (c) Every person who in a public place or in any place open to public view stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person for the purpose of engaging in position or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.

26  UBC Law Alumni Magazine Spring 2014

and thus violate women’s security of person. Continuing to criminalize those who live off the avails, including pimps and johns, supports prostituted women’s security of person, says Benedet. Benedet challenges the assumption that prostitution can be conducted safely if moved indoors. Moving the business inside

brothel keeping” but the “sexualization” of Asian women in general, including those who are over-represented in Vancouver’s extensive network of de facto brothels fronting as massage parlours. Jay also fears a ripple effect with respect to human trafficking. This perspective of AWCEP, says Boyle, is “one of resistance to the commercial

It’s rare for the Supreme Court to be explicitly invited to think about racism. I am proud that members of the UBC community included such concerns in their arguments.  – Christine Boyle to improve the safety of prostitutes is wishful thinking, explains Benedet, pointing to the 2007 murder of an Aboriginal woman, who was slain by a client in a Vancouver apartment, despite a living-room security camera. Benedet argues that allowing bawdy houses would further entrench institutional racism against Aboriginal women in Canada. Scholars, legal experts and groups like Amnesty International have identified the historical colonization of aboriginal peoples as a factor in the proportional over-representation of native women in prostitution. Many Aboriginal women have expressed vehement opposition to legalizing brothels, says Benedet. “There is a history of institutionalization of aboriginal women. They have gone from residential schools to very, very high rates of incarceration in prisons. They come out of the group homes and the foster care institutions into prostitution. They see this push for brothels as the next institution – the next residential school. I think that’s a pretty poignant analysis.” The Women’s Coalition for the Abolition of Prostitution is not alone in opposing the idea that striking down offences as they relate to the persons who are the main source of danger is required by the constitution. UBC law professor emeritus Christine Boyle, QC and UBC Law alumna Gwendoline Allison (Class of 1994) are co-counsel for the group Asian Women Coalition Ending Prostitution (AWCEP). Suzanne Jay, a UBC political science graduate and a member of the AWCEP, is concerned that decriminalizing bawdy houses would not only “normalize the practice of

sexualization of racial subordination.” The group’s position offers a “critical race analysis.” “It’s rare for the Supreme Court to be explicitly invited to think about racism. I am proud that members of the UBC community included such concerns in their arguments.” AWCEP supports the Nordic model of prostitution. This model, adopted in countries such as Sweden, decriminalizes prostitutes while criminalizing the purchase of sex acts. Jay sees the Nordic model as a way to position society on the side of women who are trying to avoid or exit prostitution against the men who want to recruit and maintain access to women in prostitution. Further it would reflect Canada’s commitment to the U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which included a commitment to discourage the “demand that fosters all forms of exploitation of persons, especially women and children that leads to trafficking.” The safety of prostitutes – and the many challenging issues that surround prostitution (such as poverty, drug addiction, and sexual abuse) – raises critical questions about human rights in Canada. As Parliament considers law reform, UBC Law alumni and faculty will no doubt continue to play an important role in helping to shape prostitution laws and protecting some of Canada’s most vulnerable. 


Janine Benedet

photo: emma campbell (combination films) photos: martin dee

The legal team that represented the interveners in Bedford v. Canada. left to right: Lisa Kerr (Class of 2005), Kat Kinch (Class of 2004), Elin Sigurdson (Class of 2005), Lisa Glowacki (University of Victoria) and Katrina Pacey (Class of 2004)

Christine Boyle

Spring 2014 Alumni Magazine UBC Law    27


COVER HUMANSTORY RIGHTS & THE LAW

ALUMNI PROFILES

Diane Nielsen

Class of 1989

photo: martin dee

by Simmi Puri I t’s not an are a of law that you hear about often, but the need for resources in mental health law is growing. According to Statistics Canada, 2.8 million Canadians aged 15 and older reported mental illness symptoms in 2012. “We represent clients at about 350 BC Mental Health Review Board hearings per year and 300 BC Criminal Code Review Board hearings per year. Up to 300 more clients have been turned away due to a shortfall in funding,” explained Diane Nielsen, Head of the Mental Health Law Program at Community Legal Assistance Society. “With these numbers, it is frustratingly difficult to provide representation to everyone who requests it in BC.” Nielsen’s keen interest in helping people with disabilities began in high school when she volunteered on the children’s unit

at Woodlands Hospital, the largest mental health institution in BC at that time. “Woodlands closed in 1996 and Riverview Hospital closed in 2012, with their residents going to smaller, more modern facilities and homes throughout the province. However, these vulnerable people still need help with their legal, social and medical rights.” The Mental Health Law Program, one of only a few of its kind in Canada, began as a small initiative in 1977 on the grounds of Riverview Hospital with one lawyer and one part-time support staff to help patients with their legal rights. The focus started to change in 1990, with the increasing need for representation of patients who were involuntarily detained under the Mental Health Act or held under the mental disorder

28  UBC Law Alumni Magazine Spring 2014

provisions of the Criminal Code, two separate but similar legislated systems. During this time, many patients were treated with powerful psychotropic drugs and isolated against their will. Nielsen notes, “I think after the Charter, people began to realize that it was no longer acceptable to detain and treat a person with these drugs or seclude them against their will, without a proper review process.” Today, the Mental Health Law Program has two lawyers and six legal advocates to represent patients who are detained under the Mental Health Act at the BC Mental Health Review Board and under the mental disorder provisions of the Criminal Code at the BC Criminal Code Review Board.

Nielsen has been working in the area of mental health law for the last 24 years and is grateful for the opportunity to work to promote the rights of this vulnerable and disadvantaged group of people. She believes that more funding for lawyers and programs are necessary to advance these rights. “The clients that I meet and serve continue to keep me inspired and motivated professionally. They remain, for the most part, very appreciative of any help that we can offer them. At times the mental health system, not the clients, can be extremely frustrating and it helps to keep a sense of humour, which a lot of my clients also seem to have kept in the face of every adversity.” 


Class of 2010

Michael McCubbin

A ft e r l e a rn i n g ab o ut that tragic death of a woman (potentially due to a drug overdose) at the Occupy Vancouver protest site in November 2011, Michael McCubbin saw the writing on the wall and knew that an eviction notice from the City was inevitable. He had to get involved. For McCubbin, the heart of the issue before the City was about providing a safe environment for the many homeless people who had set up shelters in front of the Vancouver Art Gallery during the Occupy Vancouver protests. “One of the first things I had done after opening up my own firm was get my legal aid certificate,” explained McCubbin. “I then contacted the BC Civil Liberties Association to let them know that I was available to help should

the City move to clear out the art gallery.” Having just barely opened up his own law office, McCubbin was soon preparing for his first hearing in court representing members of the make-shift “tent-city”. Through informal surveys done on the protest grounds, McCubbin learned that about 26 homeless people were living on site at that time. He spent many hours on the lawns of the art gallery, collecting testimonials and learning about their individual stories. McCubbin soon came to the conclusion that the protest site, for the most part, provided a safe and protected environment for vulnerable women – more so than most homeless and women’s shelters in Vancouver’s Downtown Eastside. They were provided with regular meals and round-the-clock

first aid care. There was a definite sense of community. “The protestors were, by and large, exceedingly polite, intelligent, informed, and worked very hard to advance their views in a peaceful and cooperative manner and show that their horizontal, communal governance structure could succeed in their microcosm of humanity.” For McCubbin, one of his greatest professional achievements was being able to provide the Occupy Vancouver protestors with a fair hearing. “I did my best to ensure that they got the fairest hearings in North America in terms of how long their hearing was and the breadth and volume that they brought forward. Whatever the outcome, they were heard and got attention.”

At the very outset of his career as a lawyer, McCubbin’s involvement with Occupy Vancouver provided him with a unique learning experience that will have a strong influence on his career moving forward. “When the chance to get involved in this case came across my desk, I was choosing what kind of letterhead to have for my new firm or something mundane like that. The experience with Occupy Vancouver provided me with an opportunity to get exposed to a lot of people from all walks of life very early on in my career. I didn’t realize that as a lawyer you become such an important person in these people’s lives.” 

Spring 2014 Alumni Magazine UBC Law    29

photo: martin dee

by Simmi Puri


HUMAN RIGHTS & THE LAW

ALUMNI PROFILES

Christopher Harland

Class of 1993

photo: Jeffrey Ong

by Jonathon Braun Gi v e n C h ri s Harl a n d’s many international experiences in his youth, including living in the South Pacific as a child, participating in a number of exchange opportunities, and teaching English abroad, it might have seemed that he was destined for a career in international law. “I wouldn’t say that beyond international law I ‘knew’ what area I wanted to pursue, but human rights law often came up as an area in which I could help out others, learn a lot, and have interesting work.” Harland now works in the field of international humanitarian law. He is currently based in Malaysia working for the International Committee of the Red Cross (ICRC) as the Regional Legal Adviser for Southeast Asia. Harland’s work for the ICRC, and, before that, the United Nations, has taken him around the world and presented him

with a series of fascinating legal challenges. While working in the Democratic Republic of Congo, South Asia, and the Middle East, much of Harland’s work has involved armed conflict. The ICRC specifically carries out activities such as detention visits, assistance to health care institutions, and work with arms carriers to try and reduce the effects of violence on the civilian population. Within this context, Harland is focusing on the ratification and national implementation of international humanitarian law treaties, such as the 1949 Geneva Conventions and their Additional Protocols. Harland is also involved in the development of new programs that raise awareness of international humanitarian law amongst police officers, members of armed forces, and government officials. “Human rights law, as well as international humanitarian

30  UBC Law Alumni Magazine Spring 2014

law, touch on some of the most important core areas of society, be it the domestic criminal justice system, access to basic services such as clean water and medical care, and education.” Harland’s work abroad also led to new developments in his personal life. While working in Sarajevo, Harland met his wife. The two eventually had children, and Harland began seeking more stability in his work life to better support his family: “With children, the places you are eligible to live and work in changes and the time you need in each context to settle increases.” Harland admits that a career in human rights or international humanitarian law is not an easy one to pursue. Besides limited career opportunities, the work itself can often be quite mentally and emotionally devastating. While working in Rwanda, a number of Harland’s colleagues

were killed in the conflict. In Sarajevo, Harland dealt with a difficult political climate that often made implementing basic humanitarian laws almost impossible. However, Harland has also had countless rewarding experiences. In Cyprus, he helped draft multiple laws, design flags, and compose an anthem. In Rwanda he lived in a town below a volcano where he spent his evenings recounting the day with gorilla conservation staff. In his current position, Harland travelled into the hills to meet with local leadership of an armed opposition group to discuss their rules of engagement and how they viewed their struggle. Harland believes these incredible experiences far outweigh the more troubling moments and encourages others to explore these opportunities to make a difference for themselves. 


Class of 2007

Roanna Tay

I t wa s a tri p to South Africa through the CBA’s Young Lawyers International Program in 2008 that led Roanna Tay to a career in protecting refugee rights. The eight-month internship program, which had Roanna working in South Africa’s Legal Resources Centre (LRC), opened her eyes to some of the critical issues faced by refugees. “One of our cases at the LRC involved a large group of Somali clients who faced protection needs arising out of the xenophobic violence,” explains Tay. “During this time, many faced wide-scale displacement and were unable to renew their documents. As a result, they were afraid to return to live in the community.” A year after completing her internship, Tay returned to South Africa to work with Lawyers for Human Rights, where she primarily spent time in the Detention

Monitoring Unit, paying weekly visits to South Africa’s immigration detention facility to provide legal assistance to detainees. She was involved with the organization during a period of intensive litigation, bringing weekly habeas corpus court applications that sought the release of asylum seekers and refugees from unlawful immigration detention – nearly all of which were successful. While in South Africa, Tay became aware of the legal challenges facing asylum seekers and refugees in Hong Kong. She learned about the Hong Kong Refugee Advice Centre and began following the work of the organization. After hearing about a staff attorney position with the organization, she quickly applied and was soon in Hong Kong providing legal aid to refugees in search of a better life.

While South Africa is party to the Refugees Convention and has refugee legislation that offers many protections, the situation in Hong Kong is very different. “Hong Kong is not party to the Refugees Convention. There is no refugee legislation and there is no government-led procedure for refugee status determination. However, this is about to change,” explains Tay. “Hong Kong is currently transitioning from having two parallel but separate protection mechanisms (the Hong Kong Immigration Department screens claims for protection pursuant to the Convention Against Torture, while the United Nations High Commissioner for Refugees screens claims for refugee status) toward a new government-led procedure called the ‘Unified Screening Mechanism’ in which the Immigration Department will consider both types of claims.”

As Tay navigates her way through the complexities and evolving realities of refugee law, she stays motivated through the inspiring stories she encounters on a regular basis. “It was my belief in human rights that got me into this line of work, and it has been the clients’ personal stories that have kept me hooked. Many of my clients have gone through so much in their country, and have somehow found a way to find safety. Some have come from rural villages or war-torn regions, or have travelled across countries as unaccompanied minors. Their long and difficult journeys have simply been to try to live the ordinary life that many of us take for granted.” 

Spring 2014 Alumni Magazine UBC Law    31

photo: Wallace Chan

by Simmi Puri


UBC LAW COMMUNITY Faculty

33 UBC Law is home to a remarkably dynamic, accomplished and diverse group of faculty who produce innovative and influential legal research. The following pages include a sample of their work this past year.

32  UBC Law Alumni Magazine Spring 2014

Students

36 Each year, UBC attracts some of the brightest minds across the country and internationally. Our graduate program is globally recognized, while our JD program is one of the best in the country. In this issue we highlight a graduate students’ research project and get a glimpse of what a week in the life of a UBC Law student looks like.

Alumni

40 In the following pages are highlights from some of the fantastic events that successfully brought our alumni together this past year.


UBC LAW COMMUNITY / FACULTY

Good Reads Select 2013 Journal Articles, Book Chapters and Supplements Janine Benedet “Marital Rape, Polygamy, and Prostitution: Trading Sex Equality for Agency and Choice?” (2013) 18:2 Review of Constitutional Studies 161–187. Janine Benedet & Isabel Grant “More Than an Empty Gesture: Enabling Women with Mental Disabilities to Testify on a Promise to Tell the Truth” (2013) 25:1 Canadian Journal of Women and the Law 31–55. Ljiljana Biukovi “Regional Streamlining of International Trade and International Human Rights Norms” in Andrew Byrnes, Mika Hayashi & Christopher Michaelsen, eds., International Law in the New Age of Globalization (Leiden: Martinus Nijhoff, 2013) 179–205. Susan B. Boyd “Motherhood and Law: Constructing and Challenging Normativity” in Margaret Davies & Vanessa Munro, eds., The Ashgate Research Companion to Feminist Legal Theory (Aldershot: Ashgate, 2013) 267–283. Gordon Christie “Critical Theory and Aboriginal Rights” in Sandra Tomsons & Lorraine Mayer, eds., Philosophy and Aboriginal Rights: Critical Dialogues (Saskatoon: Oxford University Press Canada, 2013) 123–136.

Wei Cui “The Place of Law in the Evolution of Chinese Fiscal Federalism” in Yariv Brauner & Miranda Stewart , eds. Tax, Law And Development (Cheltenham: Edward Elgar, 2013) 159–181. “Taxing Indirect Transfers: Rules and Doctrines” in Guglielmo Maisto, ed., Taxation of Companies on Capital Gains on Shares under Domestic Law, EU Law and Tax Treaties (Amsterdam: IBFD, 2013) 247–269. Emma Cunliffe “Ambiguities: Law, Morality, and Legal Subjectivity in H.L.A. Hart’s The Concept Of Law” in Maria Drakopoulou, ed., Feminist Encounters with Legal Philosophy  (Abingdon: Routledge-Cavendish, 2013) 185–204. Matthew Gravelle, Antje Ellermann & Catherine Dauvergne “Studying Migration Governance from the Bottom-Up” in Bridget Anderson, Matthew J. Gibney & Emanuela Paoletti, eds., The Social, Political and Historical Contours of Deportation (New York: Springer, 2013) 59–77. Catherine Dauvergne “The Troublesome Intersections of Refugee Law and Criminal Law” in Katja Franko Aas & Mary Bosworth, eds., The Borders of Punishment: Migration, Citizenship, and Social Exclusion (Oxford: Oxford University Press, 2013) 76–90.

Ronald B. Davis “Security of Retirement Benefits in Canada: You Bet Your Life?” (2013) 17:1 Canadian Labour and Employment Law Journal 65–100. Cristie L. Ford “Dogs and Tails: Remedies in Administrative Law” in Colleen Flood & Lorne Sossin, eds., Administrative Law in Context, 2d ed. (Toronto: Emond Montgomery, 2013) 85–123. “Innovation-Framing Regulation” (2013) 649:1 The Annals of the American Academy of Political and Social Science 76–97. Benjamin Goold, Ian Loader & Angélica Thumala “The Banality of Security: The Curious Case of Surveillance Cameras” (2013) 53:6 The British Journal of Criminology 977–996. Li-Wen Lin & Josh Whitford “Conflict and Collaboration in Business Organization: A Preliminary Study” in Jean Braucher, John Kidwell & William C. Whitford, eds., Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical (Oxford: Hart, 2013) 191–222. Mary Liston “Evolving Capacities: The British Columbia Representative for Children and Youth as a Hybrid Model of Oversight” in Laverne Jacobs & Sasha Baglay, eds., The Nature of Inquisitorial Processes in Administrative Regimes (Aldershot: Ashgate, 2013) 359–387. Spring 2014 Alumni Magazine UBC Law    33


UBC LAW COMMUNITY / FACULTY Bruce MacDougall (with Maurice Coombs) Halsbury’s Laws of Canada – Equitable Remedies / Estoppel (Markham: LexisNexis Canada, 2012). Estoppel is understood at a basic level by many lawyers, but this set of legal doctrines is highly complex and filled with such confusing terminology, such that it poses a challenge for both practitioners and scholars alike. This is the first Canadian text book that clarifies the subject matter from a Canadian legal standpoint, and deals with its complexity and subtleties in a manner that’s easily understood.

Paul Clarke & Bruce MacDougall “Crossing the Line: Homophobic Speech and Public School Teachers” in William Hare & John P. Portelli, eds., Philosophy of Education: Introductory Readings, 4th ed. (Edmonton: Brush Education, 2013) 339–357. Shigenori Matsui “Cloudy Weather, with Occasional Sunshine: Consumer Loans, the Legislature, and the Supreme Court of Japan” (2013) 22:3 Pacific Rim Law and Policy Journal 555–598. Robert K. Paterson “Museums and the Dilemmas of Deaccessioning” in "Art and Heritage Disputes in International and Comparative Law" [special issue] (2013) 5  Transnational Dispute Management 1–5. Benjamin Perrin “Migrant Smuggling: Canada’s Response to a Global Criminal Enterprise” (2013) 1:2 International Journal of Social Science Studies 139–153. Graham Reynolds “Of Reasonableness, Fairness and the Public Interest: Judicial Review of Copyright Board Decisions in Canada’s Copyright Pentalogy” in Michael Geist, ed., Copyright Pentalogy:

34  UBC Law Alumni Magazine Spring 2014

How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Ottawa: University of Ottawa Press) 1–45. James G. Stewart “Overdetermined Atrocities” (2013) 11:3 Journal of International Criminal Justice 1189–1218. Margot Young “Gender and Terrain: Feminists Theorize Citizenship” in Margaret Davies & Vanessa Munro, eds., The Ashgate Research Companion to Feminist Legal Theory  (Aldershot: Ashgate, 2013) 177–195.

Books Michelle LeBaron, Carrie MacLeod & Andrew Floyer Acland The Choreography of Resolution: Conflict, Movement, and Neuroscience (Washington, DC: American Bar Association, 2013). Learning how neuroscience is proving what dancers have known for centuries – this book explores the links between the physical, mental, and psychological factors that affect conflict. Examining the autobiographical and practice experiences with diverse cultural, historical and social realities highlights both challenges and breakthroughs in this burgeoning area.

Pitman B. Potter China’s Legal System (Cambridge: Polity Press, 2013). Understanding the PRC legal system is increasingly important as China rises to prominence in the world. In this compelling analysis, noted legal scholar Pitman Potter examines the ideals and practices of China’s legal regime, in light of international standards and local conditions. Benjamin Richardson Fiduciary Law and Responsible Investing: In Nature’s Trust (London: Routledge, 2013). This book investigates fiduciary law’s influence on the financial economy’s environmental performance. It focuses on how the law affects responsible investing and considers possible legal reforms to shift financial markets towards sustainability. Janis Sarra An Exploration of Fairness: Interdisciplinary Inquires in Law, Science and the Humanities (Toronto: Carswell, 2013). This book examines a concept that is simultaneously simple and extraordinarily complex – fairness. There is considerable scholarship on the concept of fairness, but this volume is unique in the broad range of research disciplines that have come together to examine in depth what is meant by fairness, how it can be achieved, measured and shared. 


Faculty Research Profile: Monuments Man 

by Corey Allen

Professor Robert Paterson

A st r i ki ng a c ryli c painting of an Oglala Sioux warrior hangs in Robert Paterson’s office on the fourth floor of Allard Hall, the home of the University of British Columbia’s Faculty of Law. Behind Paterson’s desk lies a large wooden carving from the Batak people of Northern Sumatra in Indonesia. The two pieces of art may seem out of place amid all the legal textbooks on the shelves, but the worlds of art and law come together not just in Paterson’s office décor; they have been married in his research and teaching for nearly four decades. “Art and law don’t make for obvious bedfellows,” he said. “It’s still a relatively small academic specialization.” Art law, the definition of which remains contested, draws from a whole host of legal disciplines including intellectual property, tort, copyright and contract law. While these disciplines are widely taught in law schools across Canada, Paterson may be the only professor in the country to teach art law as a discrete subject. “As far as I know, I’m the only one,” said Paterson, whose background in international

law initially spurred him onto the subject, studying the movement of art across national boundaries and its illegal exportation. Among the varying topics Paterson and his students explore: the loss of mosaics from the Republic of Cyprus, the destruction of

he explained, which can make cases involving sacred or cultural objects more difficult to pursue. “They don’t always play out well in a court where issues get translated into obtuse legal jargon.” But where the law can intervene most often is when a private party is found to have a painting whose original owner wants back, like a 2006 case that saw a series of Klimt paintings repatriated to a Holocaust survivor’s niece in Los Angeles. Another example of a court case involving art allegedly appropriated by the Nazis centred on Hollywood legend Elizabeth Taylor, who refused to return a Van Gogh painting purchased by her father on her behalf to its original owner. The court sided with Taylor, ruling that the claimant had not done enough to track down the work of art before it sold at auction in the 1960s. While art law is unlikely to become the sole legal expertise of Paterson’s students, given its special niche in the legal realm, many young lawyers do represent artists in gallery disputes or find success in major centres of the art market like London, New York and Paris.

We need more to sustain us as human beings, so what better than art and culture, and for a law school to look at its legal aspects. – Robert Paterson cultural heritage in the former Yugoslavia’s civil war, and the recovery of indigenous cultural properties to First Nations. Despite their evocative nature, most art law cases are never actually heard in court as parties often reach non-legal resolutions. That may be for the best, says Paterson, who advises that it’s often “better to deal without the court in mind.” He explains the practice of art law itself can be ahead of current legislation, including in Canada. “Canadian law doesn’t have cultural property as a separate category of property,”

Paterson says many of his students see the word “culture” in the syllabus of the courses he teaches and it resonates with them. “It’s about the challenge, in a way, of the law dealing with the intangible aspects of people’s lives. Things that can’t necessarily be reduced to monetary value or held in your hands,” he said. “We need more to sustain us as human beings, so what better than art and culture, and for a law school to look at its legal aspects. We’re not all about limbs and credit cards.” 

Spring 2014 Alumni Magazine UBC Law    35


UBC LAW COMMUNITY / STUDENTS

A Week at a Glance: What’s it like being a law student at UBC?

21 Jan. Gwen Brodsky 22 Jan. l–r: Chantal Wade (UBC Law Student); Kasandra Cronin, Margaret Mereigh, Justice Paul Williamson, Emily Grace (UBC Law Student) 23 Jan. Public Interest Work Placement Program 03 Feb. Git Hayetsk Dancers 06 Feb. l–r: Sarah Marsden, Professor Catherine Dauvergne, Josh Patterson, Erin Osterberg and Dr. Efrat Arbel

January

21 Tuesday

O n e of the ma i n reaso ns that I accepted the offer of admissions to UBC Law was the abundance of opportunities to engage with a vibrant and active law school community – one that carved out space for social justice discourse and human rights analyses through its various centres, campus groups and ongoing initiatives. Among these were the Centre for Feminist Legal Studies, the International Centre for Criminal Law Reform, and the numerous student-run, faculty-advised groups of which students could become active members. This is a snapshot of some of those opportunities – ones I feel very fortunate to have been able to attend, and through which my knowledge and awareness of legal issues confronting inequality in the world on its various levels has grown tremendously.

36  UBC Law Alumni Magazine Spring 2014

Distinguished Visiting Scholar Gwen Brodsky, speaking on “Governments as Litigators in Human Rights Cases: Guarantors or Opponents of Human Rights.” This talk, put on as part of UBC Law’s Center for Feminist Legal Studies weekly lunchtime lecture series, was really interesting. It provoked reflection on the extent to which governments who offer services to those in need have found legal loopholes excusing them from following through on their financial and other obligations. Dr. Brodsky used the particular case study / lens of Canada’s Aboriginal communities as a prime example of government “shirking” their responsibilities to provide or enable adequate access to our most basic needs, including clean drinking water and sanitation, educational and employment opportunities, the continuation of subsistence practices, and usable/sustainable infrastructures.

January

22

Wednesday

Careers in Criminal Law Panel, coordinated by two of my fellow students and organized through our busy Career Services Office. I loved this panel, particularly apt for someone going into criminal defence work in Toronto this summer! This panel included Mr. Justice Paul Williamson (BCSC), Margaret Mereigh (Crown Counsel), Morgan Fane (Defence), and Kasandra Cronin (Defence) – all of whom provided candid insights into the daily ups and downs of criminal law practice. In using humour to reflect honestly upon their experiences, I walked away from this panel feeling better informed and inspired to begin my career in criminal law!


Lectures, moots, writing papers…that’s just part of what being a UBC Law student is about. Throughout the year, the law school’s calendar is packed with special lectures, thought provoking round table discussions and other events that provide students with the opportunity to explore life outside the classroom. Second year UBC Law student Flora Vineberg chronicles a typical week at UBC Law from the perspective of someone interested in Social Justice and Human Rights issues. by Flora Vineberg

January

23 Thursday

Public Interest Work Placement Program Summer 2014 Info Session, coordinated by Public Services Coordinator Tracy Wachmann in the Career Services Office. This was a fantastic panel for students interested not in “big firm” or corporate work but rather in the variety of public interest / social justice organizations with available summer opportunities for law students. Included in this program are Pivot Legal, TAPS (Together Against Poverty Society), the Atira Women’s Resource Center, BCCPD (BC Coalition of People with Disabilities), and The Advocacy Center, to name a few.

February

03 Week of

Indigenous Awareness Week hosted by the UBC Indigenous Law Students’ Association. I tried to attend as many of the events as possible, which included a Welcome Party with a Musqueam Elder and the world famous Git Hayetsk Dancers. Throughout the week, I also attended ILSA’s Annual Springtime BBQ and Heyweynoqu House Drumming Ceremony with speaker Jocelyne Robinson, an Interactive Art Forum, and a wonderful show to close out the week featuring Metis dancer Yvonne Chartrand and fiddler Kathleen Nesbit. As per last year, this week was spiritual, fun, moving, informative, and greatly illuminated the vibrancy and myriad cultural traditions of Indigenous communities.

February

06

Thursday

YVR Death in Custody Panel. This was a very interesting panel discussion on the recent death of Mexican migrant Lucia Jimenez while detained by the Canadian Border Services Agency in a holding cell at YVR Airport. Many were outraged at this needless death, and wanted answers regarding the legal grounds for immigrationbased detention, wondering where the (legal) responsibility lies in these circumstances and how this may be prevented in the future. Sitting on the Panel (chaired by UBC Law’s Dr. Efrat Arbel) were Supervising Lawyer (LSLAP) Sarah Marsden, Professor and Trudeau Fellow Catherine Dauvergne, BC Civil Liberties Association Executive Director Josh Patterson, and UBC PhD Candidate (Geography) Erin Osterberg. This panel was really informative, and UBC Law’s timely reaction to this tragedy is greatly appreciated by those of us interested in immigration and refugee issues and problems of accountability. 

Spring 2014 Alumni Magazine UBC Law    37


UBC LAW COMMUNITY / STUDENTS

Graduate Student Profile: Recognizing Indigenous Rights by Si Hao

Naayeli Ramirez-Espinosa

UBC Law is home to one of Canada’s oldest, largest and most well-established graduate programs in law. Each year, we welcome graduate students from around the world with impressive academic achievements and work experience. They come to UBC Law to learn from and work with an outstanding group of faculty members who are experts in their fields of study. Here is a profile of one of our many graduate students who are making important contributions to society.

38  UBC Law Alumni Magazine Spring 2014

N a ay e l i R a m i r e z - E s p i n o s a , a fifth year doctoral candidate at UBC, is studying the experiences of different indigenous peoples who have sought legal recognition

Naayeli is interested in how constitutional law can become more receptive to indigenous worldviews and conceptions of the law. Her research has taken her to all three of the contested territories and she has collaborated with professors and lawyers in these countries. Naayeli’s comparative approach to indigenous rights and constitutional law is informed by her varied international experiences. Originally from Mexico, Naayeli graduated from the Law Department of the Instituto Tecnológico y de Estudios Superiores de Monterrey in 2001. During her LLB she went on an exchange to Zhejiang University in Hangzhou, China. After graduating with her law degree, Naayeli practiced constitutional, contract and tax law in Mexico for three years. In 2005, she was awarded a Monbukagakusho scholarship by the Japanese government to pursue a Master’s degree in Public Law at Komazawa University in Tokyo. In 2010, she graduated from Waseda University in Tokyo with a PhD in Public Management. Naayeli came to UBC to pursue research in Asian, North American and Latin American law. Another big draw for Naayeli was the opportunity to work with her supervisor, Professor Shigenori Matsui, a comparative

Naayeli is interested in how constitutional law can become more receptive to indigenous worldviews and conceptions of the law. of their territorial rights: the Gitksan and Wet’suwet’en peoples in the British Columbia interior, the Ainu people from the Saru River Basin in Japan, and the indigenous people who live near Zirahuén Lake in South Western Mexico.

and constitutional law expert, who started his own career in Japan and joined the UBC Faculty of Law in 2006. Once she finishes her graduate work, Naayeli hopes to practice and teach law. 


Message from the Law Students’ Society President

Paul Kressock

Greetings alumni and friends of UBC Law! I am happy to offer warm regards to alumni and supporters of the UBC Faculty of Law on behalf of the Law Students’ Society and its 567 member JD students. We are proud to carry on a tradition of vibrant student life at UBC Law by creating opportunities for students to learn, socialize, and engage with Vancouver’s legal community in our young home at Allard Hall. The LSS now funds and regulates more than forty student clubs and sports teams that encompass a diverse range of student interests; these include associations for knitters, hikers, wine connoisseurs, animal advocates, GLBTQ students, and of course, rugby players. Our Social Council also organizes and hosts many of the time-honoured events that afford students the ability to embrace collegiality outside of the classroom, namely, our annual Boat Cruise, Guile Debate, Semiformal, and Trike Race. Other bzzr-laden rituals live on, both in the newly-dedicated Franklin Lew Forum as well as at Koerner’s Pub on campus, where students can network with prospective employers and colleagues from our distinguished profession. Student government at the law school also remains an instrumental part of the decision-making mechanisms of the faculty through our various academic committees and our advocacy on the part of students at Faculty Council. Our Academic Council has been working to ensure that our building and its services works for students, that exam policies are equitable, and that as a large law school, students are able to benefit from new and unique course offerings in a variety of areas of theory and practice. Our academic representatives also coordinate a number of forums, information sessions, and wellness initiatives to promote the engagement, health, and success of our students over their three years at the UBC Faculty of Law. Our ten-member Law Students’ Society Executive is also working to implement a number of new governance initiatives including a modernized Constitution and Bylaws, new finance policies that promote transparency and accountability, as well as the

recommendations of our 2013 Equity Audit to ensure accessibility and inclusiveness in our activities. Our Statement of Values on Student Conduct is also in its third year as the Law Students’ Society’s guiding aspirational document and serves as the centerpiece of our promotion of a dynamic law school community that integrates all students into an open and positive environment in which to learn, debate, socialize, and participate. On behalf of our members, I would like to thank you – the alumni and friends of our Faculty of Law – for your generous support of our school and its students. We are truly privileged to be part of a program that offers intensive student engagement in academic and extra-curricular activities in a facility and learning environment that is truly unmatched among Canada’s law schools. It is through your support that students are able to participate in moots, clinics, and volunteer programs and that the faculty is able to offer an excellent curriculum and teaching complement that continues to enhance UBC Law’s international reputation. A special thanks is also due to our adjunct professors, many of whom are alumni and contribute a great deal of time and energy to educate a new generation of lawyers in British Columbia. As students, we are heirs to an outstanding legacy of collegiality and support from our community and we endeavour to make the most of the opportunities that a legal education affords us to learn the law, to build lasting relationships, and to pursue the ends of justice. To find out more about the student activities or the Law Students’ Society itself, check us out on the web at ubclss.com or on Instagram at @ubclss. For other inquiries or to sponsor student activities, don’t hesitate to contact me directly at president@ubclss.com Thank you.

Paul Kressock President, UBC Law Students’ Society

Spring 2014 Alumni Magazine UBC Law    39


UBC LAW COMMUNITY / ALUMNI

Alumni Events Class reunions aren’t the only times our alumni get together. The UBC Law Alumni Relations office is busy throughout the year, organizing fun, interactive and engaging events for our alumni. Interested in learning more about these events? Drop us a line at alumni@law.ubc.ca to ensure you are on our mailing list or visit law.ubc.ca/alumni/events to learn more.

UBC Law Young Alumni Dining Out for Life Graduates from the past ten years met at Rodney’s Oyster House, Chambar, and Biercraft Bistro in support of “Dining Out for Life”. They enjoyed drinks, dinner, and lively conversation late into the evening, and 25% of their dinner proceeds were contributed to two local organizations supporting people living with HIV/AIDS. Law Students’ Society Reunion Past and present members of the Law Students’ Society Executive met at Salt Tasting Room to compare notes on orientation events, trike races, and bzzr-ups. Chief Justice Lance Finch Retirement Dinner The UBC Law Alumni Association hosted a dinner in honour of the retirement of Chief

Justice Lance Finch (Class of ‘62) from the British Columbia Court of Appeal. The sold out event was a huge success with proceeds going towards a student scholarship. An Evening with Sue Paish, QC Alumni in Toronto were treated to an evening with Sue Paish, QC, (Class of 1982), current CEO of LifeLabs Inc. An accomplished and well-recognized business leader who has previously served as CEO of Pharmasave and Managing Partner at one of Canada’s leading law firms, Ms. Paish shared some of her accomplishments and challenges over appetizers and drinks. Canadian Law Alumni in New York Dean Mary Anne Bobinski joined with other Canadian law school deans to host alumni in New York City at a fantastic reception at the Penn Club. Regional Alumni Receptions: Victoria, Kelowna and Hong Kong This year, Dean Mary Anne Bobinski hosted a number of alumni receptions around the globe. These receptions are a great opportunity for the Dean to meet alumni in these regions and learn about what’s happening in their communities. UBC Reel Canadian TIFF Party Alumni in Toronto showed up in style for our sold-out red carpet alumniUBC partnership event in celebration of the Toronto International Film Festival. Warren Spitz (UBC BComm ’81), member of the TIFF Board of Directors, was on hand to toast the extensive UBC alumni community engaged in the Canadian and international film industry.

Law Students’ Society Reunion

40  UBC Law Alumni Magazine Spring 2014

alumniUBC Partnership Events The UBC Faculty of Law partnered with alumniUBC to host alumni events in Palm Springs and Calgary at Desert Days and the Calgary Stampede respectively. 


Okanagan Alumni Reception

UBC Reel Canadian TIFF Party

Chief Justice Lance Finch Retirement

Spring 2014 Alumni Magazine UBC Law    41


UBC LAW COMMUNITY / ALUMNI

Class Notes 1950

s

Victor Robert Bennett (Class of ’55) was inducted into Canada’s Aviation Hall of Fame. Mr. Bennett served as president of Timmins Aviation (later renamed Innotech Aviation Limited), which was one of Canada’s largest private aircraft full-service companies. Mr. Bennett earned his Private Pilot License in 1951 and his Commercial License in 1953.

1960

s

John Campbell (Class of ’60) was appointed to the Board of Directors for Majestic Gold. Majestic Gold Corp. is a Vancouver based company engaged in commercial gold production at the Songjiagou gold mine in Yantai, China. Glenn Gallins, QC (Class of ’68) was the recipient of the Georges A Goyer, QC Memorial Award for Distinguished Service, presented by the CBABC. The award recognizes exceptional contributions and / or achievements by a British Columbian resident. Mr. Gallins is the Director of the Law Centre Clinical Law Program at the University of Victoria.

Chief Justice Lance Finch (Class of ‘62), retired from the British Columbia Court of Appeal in June, 2013. Chief Justice Finch served as a trial judge in the Supreme Court of BC, and became an appeals court judge in 1993. In 2001, he was appointed Chief Justice of BC.

Donald J. Sorochan, QC (Class of ’71) was the recipient of the Georges A Goyer, QC Memorial Award for Distinguished Service, presented by the CBABC. The award recognizes exceptional contributions and/or achievements by a British Columbia resident. Mr. Sorochan is a partner at Miller Thomson LLP.

1970

1980

On November 8, 2013 Prime Minister Stephen Harper announced the appointment of The Honourable Christopher E. Hinkson (Class of ’75), to Chief Justice of the Supreme Court of British Columbia. Mr. Justice Hinkson replaced Mr. Justice Robert J. Bauman, who was appointed Chief Justice of British Columbia on June 7, 2013.

After 23 years at Lando & Company LLP, Tamara A. Huculak (Class of ’89) has moved to Brawn Karras Sanderson in South Surrey to be closer to home and family. She will continue practicing real-estate development, commercial leasing, franchising, corporate and her trademark agency practice.

On November 8, 2013 The Honourable Richard B.T. Goepel (Class of ’73) was appointed a judge of the Court of Appeal of British Columbia to replace The Honourable Christopher E. Hinkson (Class of ’75).

Virginia Engel, QC (Class of ’83), Partner at Peacock Linder and Halt LLP, Anne Giardini, QC (Class of ’81), President at Weyerhaeuser Company; and Marina Pratchett (Class of ’81), Partner at Fasken Martineau were recognized with a 2013 Lexpert Zenith Award celebrating “Women Leaders in the Legal Profession.”

s

42  UBC Law Alumni Magazine Spring 2014

s

Georgialee Lang (Class of ’88) was awarded a Lexpert Zenith Award in September 2013 for Leading Women Lawyers and was elected a Fellow of the International Academy of Matrimonial Lawyers in October 2013, one of 40 in Canada (620 worldwide). Eva van Loon (Class of ’85) just published her seventh book, Thyroid Resurrection: from dead to dynamic without drugs (The Pack Press, 2013) offering new insights into the connections between thyroid dysfunction, fibromyalgia, cancer, diabesity, endocrine disruption and stress. Nancy Cameron QC (Class of ’87) is one of four new Lead Mediators appointed to MediateBC’s Family Mediation Program.


1990

s

Lynne Charbonneau (Class of ’92) Deputy General Counsel to HSBC Bank Canada was recognized with a 2013 Lexpert Zenith Award celebrating “Women Leaders in the Legal Profession.” Teresa M. Tomchak (Class of ’99), Partner at Farris, Vaughan, Wills and Murphy LLP; Anu Nijhawan (Class of ’99), Partner at Bennett Jones LLP; and Kinji C. Bourchier (Class of ’99), Partner at Lawson Lundell LLP were named Lexpert’s Rising Stars: Leading Lawyers Under 40. Alison Dempsey (LLB ‘90, PhD Law ‘12, ) published her book Evolutions in Corporate Governance: Towards an Ethical Framework for Business Conduct (Greenleaf Publishing, UK) in November 2013.

Paul Champ (Class of ’99) is the recipient of the 2013 Walter S. Tarnopolsky Award from the International Commission of Jurists for outstanding contributions to domestic and international human rights. Previously, Paul won the prestigious Reg Robson Award in 2010 from the B.C. Civil Liberties Association for demonstrating a substantial and long-lasting contribution to civil liberties. He continues to run a small human rights law practice in Ottawa, Ontario. Michelle Pockey (Class of ’94) received the Champion for Change Award presented by the Women Presidents’ Organization and GroYourBiz. The award recognizes local leaders who push for innovative change, who envision better ways and worlds, and go above and beyond recognized systems and structures or historical ways of making progress, often at great personal effort and selfless dedication. Ms. Pockey is a partner at Fasken Martineau and cofounder of the Professional Women’s Network (PWN).

2000

Gavin Manning (Class of ’90) was named 2014’s “Lawyer of the Year” in Vancouver Intellectual Property Law by Best Lawyers.

s

Sheila Tucker (Class of ’92) was the recipient of the Excellence in Legal Advocacy – Individual Liberty Award, presented by the BC Civil Liberties Association. As the co-lead counsel on Carter v. Canada, Ms. Tucker secured a watershed victory from the B.C. Supreme Court where the court ruled that the right to die with dignity is protected by the Charter of Rights and Freedoms. A lawyer at Davis LLP, MS. Tucker practices litigation with a focus on administrative and public law.

James D. Kondopulos (Class of ’03) Partner at Roper Greyell LLP was named Lexpert’s Rising Stars: Leading Lawyers Under 40. Salman Manki (Class of ’02), Corporate Council for Westport Innovations was the recipient of the Western Canada General Counsel Award for Tomorrow’s Leader. The award (presented by the National Post and ZSA Legal Recruitment) recognizes a young in-house lawyer who has demonstrated superior legal capability and great leadership in the face of significant transactions or litigation that affects the business. Warren Smith (Class of ‘03) was elected to serve as President of the National Association of Legal Search Consultants (NALSC), North America’s largest industry association for legal recruitment. Warren is the youngest person to lead the organization and also the first Canadian.

Send your Class Notes to communications@law.ubc.ca.

Spring 2014 Alumni Magazine UBC Law    43


[ HONOUR ROLL ]

UBC Faculty of Law at Allard Hall wishes to thank the many donors whose generous support and leadership enable us to remain committed to being one of the world’s great centres for legal education and research. Your donations fund important academic programs, crucial student financial-aid and ground-breaking faculty research.

LIFETIME DONORS $10 million and up Peter A Allard, QC The Law Foundation of British Columbia

$1 million and up Borden Ladner Gervais LLP Davis LLP Farris, Vaughan, Wills & Murphy LLP Fasken Martineau DuMoulin LLP IBM Canada Ltd. Joan Lew and Derek Lew Richards Buell Sutton Vancouver Foundation

$500,000 and up

ANNUAL DONORS

$25,000 and up

Helen and Tookie Angus Tom and Elizabeth Cantell Clark Wilson LLP Korea Foundation McCarthy Tétrault LLP Ronald N Stern UBC Law Students' Society Estate of Anne Margaret Uphill The Wesik Family

(April 1, 2012 – March 31, 2013)

The Hon Justice Grant D Burnyeat Michael B C Davies Davis LLP Dentons Canada LLP Charles Diamond & Family The Hon Frank Iacobucci, CC, QC, LLD Law Foundation of Ontario, Access to Justice Fund Law Students' Society Lawson Lundell LLP Olivia S Lee McMillan LLP Leon J Plotkins The Jack and Darlene Poole Foundation PricewaterhouseCoopers Richards Buell Sutton LLP Sangra Moller LLP Ronald N Stern TMX Group Inc Ron and Arleigh Tysoe

$250,000 and up Blake Cassels & Graydon LLP Dentons Canada LLP Charles Diamond and Family John Grot Prof James MacIntyre, QC Open Society Institute Sangra Moller LLP Taylor Jordan Chafetz TSX & TSX Venture Exchange

44  UBC Law Alumni Magazine Spring 2014

$1 million and up Peter A Allard, QC Law Foundation of British Columbia

$100,000 and up Borden Ladner Gervais LLP Jeanette K Chan Dolden Wallace Folick LLP Farris Vaughan Wills & Murphy LLP Fasken Martineau DuMoulin LLP Joan Lew and Derek Lew Harjit Sangra


Vancouver Foundation The Wesik Family Victor Yang Randy Zien and Shelley Tratch

$10,000 and up The Advocate Laura Bakan, QC Blake Cassels & Graydon LLP Douglas Buchanan, QC Canadian National Railway Company Clark Wilson LLP Ernst & Young LLP Goldcorp Inc. Craig J Hill Yvonne Y Ho Morley Koffman, QC Peter Lee McCarthy Tétrault LLP Dr. Albert J McClean, QC Brenda and David McLean, OBC, LLD Onni Group Linda Parsons, QC The Rix Family Foundation Singleton Urquhart LLP Slater Vecchio LLP The Strother Family Taylor Jordan Chafetz Teck Resources Limited Thomson Reuters Katherine U Sonya Wall

$1,000 and up Alexander Holburn Beaudin & Lang LLP Allard and Company Peter George Andrekson John C Armstrong, QC S Bradley Armstrong Craig Ash AWF Association of Women in Finance The Hon Judge Kenneth W Ball Robert Banno Ronald M Barron Thomas Bauer and Laura Jessome

The Hon Chief Justice R J Bauman Stanley M Beck, QC R Paul Beckmann, QC Don and Satoko Bell Eric Belli-Bivar Prof Joost Blom, QC Dean Mary Anne Bobinski and Family Scott Bodie and Patty Dawn Graham and Family Boughton Peterson Yang Anderson Christine Boyle, QC Gregory F Bridges British Columbia Crown Counsel Association Linda G Brown Marian K Brown Peter W Brown Bull, Housser & Tupper LLP Canada Life Assurance Company Canadian Bar Association British Columbia Branch Emily Chan Garret Chan Peter Chan Gregory H Cockrill Hon Ross Collver, QC Credit Union Foundation of BC Dr Michael Curry Robert F Dawson Gerald Donegan, QC M Julie Donegan James A Doyle W Bryan Dunn John Eckersley Edwards Kenny & Bray LLP J Thomas English, QC Christopher Falk Helmut Del Feller Arnold and Susan Fine The Foundation for Legal Research The Hon Justice S David Frankel Christian and Christine Gauthier Lorne Ginther The Hon Shirley E Giroday Geoffrey Gomery, QC Granard Management Limited Partnership Madam Justice N Victoria Gray

Don Greenfield Robert Groves Gudmundseth Mickelson LLP Guild Yule LLP Harper Grey LLP Harris & Company LLP Heenan Blaikie LLP Dr M Anthony Hickling Ana-Maria Hobrough and Geoffrey Glave Roderick H G Holloway International Fiscal Association (Canadian Branch) Thomas Isaac David Jacyk Jenkins Marzban Logan LLP Jewish Community Foundation of Greater Vancouver Paige Lyn Johnstone, QC Joseph M Prodor Law Corporation Thomas Kay John Keene Terry and Carol Kline and Family Michael Korenberg Jacob Kowarsky and Family Eugene Kwan The Hon Justice Linda A Loo Stephanie P Lysyk Jean Lytwyn David J Macfarlane Prof James MacIntyre, QC Donald MacWilliam Mandell Pinder LLP Sukhbir Manhas Maytree Foundation Joseph C McArthur P Anthony McArthur Miller Thomson LLP Darcy and Lori Moch Stuart Morrow Forrest L Nelson Richard J Nixon Joan le Nobel Michael O'Keefe, QC Oyen Wiggs Green & Mutala LLP Louis Lambros Pashos Cheri Pedersen David Phillips Earl Phillips

Colin Pritchard Darrell W Roberts J R Donald Rose Alan Ross Brock Robert Rowland The Hon Justice M Anne Rowles Douglas G Shields John R Singleton, QC SRC Law Corporation Anne M Stewart, QC Stikeman Elliott LLP Robert Swift The Honourable Valerie J Taggart Michael Tammen Euan Taylor Michael Taylor Thorsteinssons LLP Torys LLP Francois E Tougas Brian E T Tsuji UBC Law Review Barbara Vanderburgh Herman Van Ommen Lisa Vogt Webster Hudson & Coombe LLP Pete Westcott Michael Whitt Sandra Wilkins Edward Wilson Janet Lynne Winteringham, QC Richard W Wozney Jia Chen and Xusheng Yang Paul Yeung Young Anderson Barristers and Solicitors

Every effort has been made to ensure the accuracy in the 2012–2013 Honour Roll. If an error is noted, please accept our sincere apologies in advance and notify the UBC Law Development Office at 604 822 0123 or by email at development@law.ubc.ca.

Spring 2014 Alumni Magazine UBC Law    45


[ CLOSING ARGUMENTS ]

UBC FACULTY OF LAW AT ALLARD HALL

INSPIRING CREATIVITY Allard Hall provides students and faculty with an inspiring setting for the study of law. Part of that setting includes creating space for visual art of demonstrable excellence by artists of significance. The Faculty actively seeks donations of art, with an emphasis on acquiring Pacific Northwest art, Indigenous art as well as works of art that enhance and contribute to the overall appearance and environmental themes found within Allard Hall. The Faculty has a particular interest in art which explores the role of law in securing justice, freedom and equality. For inquiries regarding a possible donation of art to the Faculty of Law, please contact Kari Streelasky, Assistant Dean, External Relations at 604.827.5026 or streelasky@law.ubc.ca. Donors may receive a tax receipt for pieces of art with significant value that are accepted by the Faculty. Art can also be bequeathed to the Faculty. Please note that the Faculty and University follow carefully considered art acquisition procedures to ensure that a donation will achieve the intended purposes of the donor and the University. 

Legends Begin This magnificent sculpture by Allan Houser was donated by Peter A. Allard, QC to commemorate the opening of the UBC Faculty of Law at Allard Hall on September 23, 2011. This piece has not only helped to enrich the cultural, intellectual and scholarly life of the Vancouver campus and the surrounding community, but it has also become a beautiful focal point of Allard Hall’s outdoor terrace lounge and continues to inspire faculty, students, staff and visitors alike.

46  UBC Law Alumni Magazine Spring 2014


[ IN MEMORIAM ]

The Honourable Alfred J. Scow, CM, OBC (Class of ’61) The Honourable Alfred J. Scow was born at a time when Aboriginals were prohibited from entering the legal profession, but went on to become the first Aboriginal person to graduate from a BC law school and the first Aboriginal lawyer in BC to be called to the Bar. In 1971, he became a Provincial Court judge and served BC in this capacity until 1992. His accomplishments have broken down many barriers and his life has been an inspiration for others to reach their full potential. Mr. Scow has demonstrated a deep commitment to social justice

and volunteered his leadership to many community organizations including UBC, where he helped guide the establishment of First Nations studies. He has served on the university’s Senate, the President’s Advisory Committee, the Faculty of Law First Nations Advisory Committee, and the Alumni Association board. He is a founding member of the Elders Committee for the First Nations House of Learning. Prior to becoming a judge, he was City Prosecutor for New Westminster, chair of the board

of review for the Workmen’s Compensation Board, and completed a two-year assignment to Guyana on the Amerindian Lands Commission fact-finding committee, assisting the government in determining policy in regards to its native population. After leaving the Provincial Court, Mr. Scow’s roles have included work on behalf of the Musqueam, Fraser Valley and Penticton Indian bands. In 2001, he founded The Scow Institute, which works to promote a greater understanding between Aboriginal and non-Aboriginal

people regarding issues that affect all Canadians, using information that is fact-based, non-partisan, and accessible. Mr. Scow has contributed further to his community through volunteer board work for the John Howard Society, United Good Neighbour Fund and Credit Union, BC Lions Society for Children with Disabilities, Aboriginal Justice Centre, Pacific Salmon Foundation, YVR Art Foundation, and the Institute of Indigenous Government. Mr. Scow passed away on February 26, 2013. 


[ LOOKING BACK ]

UBC Law huts

UBC Law celebrates 50-year anniversary

Class of 1948 (“The Old Sweats”) celebrates 15-year reunion

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UBC Law History Project Thanks to a generous donation from Peter A. Alllard, QC the Faculty has launched an online historical law archive to preserve its rich history. This comprehensive and interactive website includes audio interviews of some of our alumni, former deans and professors; information on important milestone events for the Faculty; and a searchable database

UBC LAW | AT ALLARD HALL

to allow users to find information about former classmates, professors and alumni. Visit the website historyproject.ubc.law.ca and find out how you can contribute to the Faculty’s online historical law archive in the form of a story or photo.

Allard Law Alumni Magazine - Spring 2014  

The Allard School of Law Alumni magazine is an annual publication that comes out each fall/spring and is distributed to all our alumni aroun...

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