THE CANADIAN BAR ASSOCIATION • SASKATCHEWAN BRANCH
SPRING 2019
VOL. 33.2
IN THIS ISSUE
The Canadian Bar Association Saskatchewan Branch 305, 135-21st Street East Saskatoon SK S7K 0B4 www.cbasask.org
FEATURE COMMENTARY 18
Lawyer Body Out of Balance: Feeding the Physical, Intellectual, Emotional and Spiritual Self
20
Student Mental Health & Wellbeing
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Wellness Through Fitness
24
How Pursuing My Dreams Made Me a Better Lawyer
BARNOTES Editorial Board HANNAH ZIP Editor Knott den Hollander
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BRANCH AWARDS
Distinguished Service Award
Editor's Notes
5
President's Report
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Enhancing Justice, The 2019 Mid-Winter Meeting
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Law Day: In Review
COMMENTARY 10
You Have to be Carefully Taught
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Update From the Law Reform Commission of Saskatchewan
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Saskatchewan Legal Coaching and Unbundled Services Pilot Project
27
Psychological Impacts Experienced in Civil Litigation 2 BARNOTES
FROM THE BENCH 36
Some Random Closing Remarks
TONYA LAMBERT Student − College of Law AMJAD MURABIT Saskatchewan Human Rights Commission JAMES STREETON Wardell Gillis MONTEEN DENT Executive Director CBA Saskatchewan
PRO BONO SPOTLIGHT 38
JAMES STEELE Robertson Stromberg LLP LEAH HOWIE Law Reform Commission of Saskatchewan
Tiffany Paulsen, Q.C. was awarded the 2019 Distinguished Service Award on February 1, 2019, at the Mid-Winter Meeting in Saskatoon.
BRANCH NEWS 3
KATE CRISP Scharfstein Gibbings Walen & Fisher LLP
PBLS Launches Two New Clinic Programs
CORRECTION NOTICE: Please note that in the Winter Issue Jana Linner was incorrectly identified as working at McKercher LLP. Her firm should have been MLT Aikins LLP. We apologize for any confusion this caused.
ITEMS OF INTEREST Advertiser Index
39
Calendar of Events
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LAYOUT & DESIGN Katrina Forgrave Graphic Designer
BarNotes is a publication of CBA Saskatchewan which is published 3 times a year. This publication is intended for information purposes only and should not be applied to specific fact circumstances without the advice of counsel. CBA Saskatchewan represents more than 1,100 members and is dedicated to improving access to justice, reviewing legislation and advancing the administration of justice. Contact Monteen Dent, monteen@ cbasask.org for information on advertising. © CBA Saskatchewan 305,135 – 21st Street East Saskatoon, SK S7K 0B4 www.cbasask.org
EDITOR’S NOTES
EDITOR’S NOTES: SLEEP ON IT HANNAH ZIP
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ellness” and “self-care” have become buzzwords lately and, often feel like a marketing ploy, to get me to buy scented candles and bubble bath, or to drink more wine. However, taking care of ourselves should not be dismissed as silly or frivolous.
As articulated in the articles in this spring issue of , how we care for ourselves both physically and mentally is important. Legal professionals are at high risk for addictions, depression, mental illness, unhealthy relationships and other maladjusted coping behaviours. A variety of effective strategies for dealing with stress are described in this issue, including: 1. Physical fitness (Norman GunninghamKapphahn’s p.22); 2. Mental health exercises (Marilyn Poitras p.18); 3. Volunteering (PBLS p.38 and “Unbundled Services Pilot Project” p.15); and 4. Consulting a mental health professional (Tonya Lambert’s p.20).
For me, sleep is the cornerstone of wellness. Sleep is how our body regenerates and heals. It is when we recharge our entire bodies. Sleep is a process for our unconscious to work through complex problems. It is my favourite thing to do. Lack of sleep causes weight gain, accidents, moodiness, inattention, depression and affects cognitive function. As a high school student and then undergraduate in Arts & Sciences, my method for studying was that I would read through my notes once, twice if it was a difficult subject, and then go to sleep. When I woke up, I would magically remember everything that I had read. If I was writing a paper, I would write a rough first draft and after a solid night’s sleep, I was able to finish and edit
LETTERS TO THE EDITOR my paper (usually) the next day. If I hannahzip@gmail.com was feeling stressed or overwhelmed, I would go to sleep and let my unconscious calm me down. This worked phenomenally well for me until I began my first year of law school, when it all promptly fell apart.
I could no longer sleep. I was too stressed out and had way too much to do. During the few hours when I did sleep, solutions and ideas were no longer coming to me, and when I woke up I remembered nothing that I had read the evening prior. I wasn’t the only student experiencing this, except I noticed that almost everyone was bragging about how little they were sleeping. There was a culture shift - it was now a badge of honour to reveal that you weren’t sleeping, and that you didn’t need to sleep. Sleep had become unnecessary and a waste of time. There is no shame in needing sleep. It is a necessity of life and not a luxury. The health community is now calling sleep deprivation a worldwide epidemic. Through a combination of exercising, reading before bed, restricting screen time, staying hydrated, managing stress and taking deep breaths, I can now sleep again. It is glorious! If you are struggling with managing any aspect of your wellbeing, or are experiencing symptoms of stress, depression or anxiety, please seek professional help immediately. There are many excellent and confidential resources available to legal professionals and students on page 20 of this BarNotes. Let’s create a culture where we encourage each other to live healthy, balanced, meaningful and well rested lives, and to get help when we need it.
SPRING 2019 3
4 BARNOTES
BRANCH NEWS
PRESIDENT’S REPORT NICHOLAS CANN || MCKERCHER LLP
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am hopeful that the frost and snow is gone by the time you read this. The 2019 CBA Mid-Winter Meeting in Saskatoon was a great success and many congratulations are owed to the Planning Committee. There were two sessions I wanted to highlight, the first being the entertaining and informative opening plenary by the Chief Commissioner of the Saskatchewan Human Rights Commission, Judge David Arnot. Special thanks to Judge Arnot for agreeing to present at the very last moment. Another highlight was the call to action on equality and diversity by Angela Chaisson at the President’s Forum. Ms. Chaisson’s frank and honest comments and helpful tips for implementing change no doubt benefitted all attendees. Preparations are already underway for next years’ Mid-Winter Meeting in Regina, so stay tuned! In February, I had the pleasure of attending the Alberta Bar Association’s President’s Dinner and Annual General Meeting. While Alberta is certainly a bigger branch than Saskatchewan in terms of membership, they operate in a similar fashion to us and their members have the same interests and challenges. I also had the opportunity to attend the CBA Leadership Forum and AGM in Ottawa and was able to spend some time with the other Branch Presidents and the National Board of Directors. These are events that I know next year’s Branch President, Loreley Chekay, is looking forward to. A quick reminder that the Annual Meeting is on June 13, 2019 in Regina. The Community Service Award will be presented at the meeting, with a reception to follow. I also encourage anyone interested in getting more involved with the CBA to join a Section Executive. Planning is already underway for September 2019 Sections and now is a great time to contact any
Board member or our new Branch Sections Coordinator, Jodi Snow. We are excited to have Jodi join us as part of the Branch staff and she can be reached at Jodi@ cbasask.org.
Please contact me with ideas, questions or concerns about CBA activities! n.cann@mckercher.ca (306) 565-6526
If you have any questions or concerns or matters to discuss, please do not hesitate to contact me or any of your other Board members: Loreley Chekay, Chris Weitzel, Reché McKeague, Kathryn Gilliss, and Neil Robertson, Q.C..
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SPRING 2019 5
2019 MID-WINTER MEETING SPONSORS
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BRANCH NEWS
ENHANCING JUSTICE, THE 2019 MID-WINTER MEETING JENNIFER D. PEREIRA || ROBERTSON STROMBERG LLP
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n January 31 and February 1, 2019 lawyers from across Saskatchewan gathered in Saskatoon for the CBASK Mid-Winter Meeting themed “Enhancing Justice.” With sessions on substantive legal matters, the legal profession itself and topics pertaining to greater societal issues and the impact on the law and lawyers, 2019’s theme was very aptly titled.
educational streams. The goal of the planning committee was to ensure that each time slot contained four disparate topics so that attendees could find something of interest at each of the CPD sessions. Participants benefited from sessions led by Chief Justice Popescul, Justice Megaw, Dr. Keith Carlson (Research Chair in Aboriginal and Community Engaged History, UofS), Raymond Adlington (CBA National President), Dean Martin Phillipson and The meeting opened Thursday morning with many other distinguished practitioners. Thank you an informative update from Justice Minister to all those who led our CPD! Don Morgan, Q.C. During the opening plenary, Mr. Justice Arnot, Chief Commissioner of the Troy Baril did an excellent job planning this year’s Saskatchewan Human Rights Commission (SHRC) Thursday Night Social Event for the Mid-Winter spoke about the reforms within his organization Meeting. Attendees were able to catch up with and how they are positively impacting our province colleagues while enjoying craft beer, delicious with a goal to eliminate systematic discrimination. appetizers and a live performance by The Barrelmen. Justice Arnot provided concrete examples of how the Almost all in attendance supported the 50/50 draw SHRC is positively impacting the lives of the people with the proceeds supporting CLASSIC. of Saskatchewan. The Mid-Winter Meeting would not be possible The President’s Forum was held Friday morning without the generous support of this year’s and was led by Ontario criminal lawyer and legal exhibitors and sponsors or the hard work of the commentator, Angela Chaisson. Ms. Chaisson led CBA Saskatchewan Branch staff, Monteen Dent and a call to arms for lawyers to do better with respect Duncan Shury. I also want to extend my appreciation to engaging and supporting women and minorities to our exceptional planning committee members for within our practices. The closing plenary/St. their hard work and ability to problem solve on the Thomas More College John Stack Lecture was a fly: Naheed Bardai, Troy Baril, Reché McKeague, sobering presentation by Howard Sapers, an expert Michelle Ouellette Q.C, Anna Singer and Chris on prison reform. He provided a case study on the Veeman. use of imprisonment as punishment by reviewing the practical and ethical considerations of our system. The CPD sessions were varied, allowing attendees to hear presentations on criminal law, family law, contract law, employment law, estate litigation, advocacy and more. There were four concurrent
SPRING 2019 7
BRANCH NEWS
2019 MOCK TRIAL SPONSORS
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A S S O C I AT E S
BRANCH NEWS
LAW DAY: IN REVIEW KATHRYN GILLISS, CHAIR || TROBERT LAW
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n celebration of the signing of Canada’s Charter of Rights and Freedoms CBA Saskatchewan Branch has several events for the public and students to learn about the law, the legal profession and the legal institutions that form the cornerstones of Canadian democracy. On April 3, Johnson Shoyama Graduate School of Public Policy and CBA Saskatchewan Branch hosted a public lecture Medical Assistance in Dying: Legal and Medical Realities in Regina. Lawyers and members of the public attended this lecture presented by Bryan Salte, Associate Registrar, College of Physicians and Surgeons, Dr. Robert Weiler, College of Medicine, University of Saskatchewan and Amy Zaraeczny, Associate Professor, Johnson Shoyama Graduate School of Public Policy. On April 13, high school teams from Melville, Regina, Prince Albert, Saskatoon and Yorkton participated in the Mock Trial Competition at the Court of Queen’s Bench in Saskatoon. Students, teachers and legal advisors spend countless hours preparing for the Mock Trial and learn valuable information about our legal institutions. The students participated in a round robin tournament in which they took on the role of Prosecution, Defence and Witness in a murder/manslaughter trial. Individual awards were given out for best opening statement, direct examination, cross examination, closing statement and best witness performance. With the assistance of Justice R. S. Smith, Justice R. Elson and Justice D. Wilson, Judge P. Reis, Judge M. Martinez and Judge E. Kalenith, the Yorkton Regional High School Team 1 took home the McKercher Cup after a long day of competition. The CBA Saskatchewan branch would
like to thank all volunteers and participants for their assistance in making this event a huge success. On April 24th and 25th, volunteer CBA member lawyers in conjunction with Pro Bono Law Saskatchewan provided a free phone clinic to members of the public on various legal issues. Members of the public expressed gratitude for the opportunity and volunteers spoke of the positiveness of the interactions. Thank you to all practitioners who volunteered their time to provide legal advise to members of the public who do not otherwise have access to counsel. Also during the months of April and May, volunteer CBA members are visiting classrooms across Saskatchewan talking about the profession, the law and answering student questions. Every year this program continues to grow and allows students to learn about our profession. Thank you to our Law Day Committee: Tom Baldry, Joni MacKay, Q.C., Andrea Phillips, Demi Panko, Bonnie Reddekopp, Talon Regent, Neil Robertson, Q.C. and Monteen Dent. These events are successful because of our volunteer members and their input and effort have been invaluable in this year’s planning.
SPRING 2019 9
COMMENTARY
YOU HAVE TO BE CAREFULLY TAUGHT BETH BILSON, Q.C. || OFFICE OF THE UNIVERSITY SECRETARY
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y grandson attends a wonderful UNESCOdesignated school in Calgary where crosscultural and international activities are a prominent feature of the curriculum. A recent school newsletter described the events which marked “UNESCO Days”, during which the theme was the UN Declaration on the Rights of the Child. Each elementary class was assigned a different tenet of the Declaration – the three-year-olds in the pre-school considered the right to play, for example, Grade 2 focused on the right to clean water, and Grade 4 tackled the rather weighty idea that “we are all equal and should treat one another in the spirit of good conscience.” My grandson’s Grade 5 class was assigned the proposition that “everyone has the right to freedom of expression. Everyone has the right to an education, to promote tolerance and friendship among nations, racial or religious groups and the maintenance of peace among nations, racial or religious groups.” His class wrote and performed a play stressing the importance of education. My grandson told me he played the part of a boy who spoke up in favour of education for girls – I should hope so. Other activities during UNESCO Days included the performance of a song called “I Have the Right”, visits from First Nations speakers and performers, Chinese New Year celebrations, and the creation of collages representing peace inspired by the John Lennon song “Imagine.” When we are discouraged by our failure to bring about a perfectly just and equitable society, we often draw comfort from the idea that the next generation will surely do a better job. The generation
10 BARNOTES
who are children now will surely have a stronger commitment, a greater awareness and better tools. I grew to adulthood in the 1960s, and was part of a generation on which great hopes rested for radical social change – the same generation, I would remind you, now commonly characterized as narcissistic, materialistic and work-addicted. The question of whether this tone of sour disappointment is justified is one for another day; the point here is that we need to be cautious about passing the responsibility for social improvement to the future and to people who are currently occupied learning to read. The kinds of events and activities going on at my grandson’s school, and many other schools, are certainly encouraging, and one can hope that the familiarity of these students with issues of human rights and equity will help them to develop personal strategies for change that will last them into their adulthood. One can hope that introducing young children to information about treaties and residential schools, cultural differences, the struggles of people around the world to obtain clean water and adequate food, will sow the seeds of adults who are good global citizens, who feel an obligation to lead and participate in changes that will promote equitable communities and a more equitable world. It would, of course, be unfair to expect teachers and schools to shoulder the entire burden of nurturing in children and young people a sense of the importance of a more equitable society and the challenges of achieving it. We should all be examining what we model for our own children, our grandchildren, our nieces and nephews, our friends’ children and our children’s friends.
COMMENTARY
I am by nature an optimistic person, and watching the video of my grandson and his schoolmates belting out “I Have a Right” does give me hope that children in our schools are being better prepared to confront issues of discrimination and cultural obliviousness. I would suggest, however, that it is too early for us to assume we no longer have any responsibility ourselves. We’re not off the hook yet.
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JUNE 13, 2019 SASKATCHEWAN ANNUAL MEETING & COMMUNITY SERVICE AWARD CEREMONY DELTA REGINA: REGINA, SK 4:15 PM - RECEPTION TO FOLLOW
SPRING 2019 11
COMMENTARY
UPDATE FROM THE LAW REFORM COMMISSION OF SASKATCHEWAN LEAH HOWIE|| LAW REFORM COMMISSION OF SASKATCHEWAN
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he Law Reform Commission of Saskatchewan works to simplify and modernize the province’s laws. The Commission is empowered by to keep under review all law in Saskatchewan and to initiate projects that consider the systematic development and reform of both legislation and the common law. Projects are undertaken at the request of the Minister of Justice and Attorney General as well as in response to suggestions from the public at large, including members of the legal community. 2018 was a productive year for the Law Reform Commission. In March, the Commission posted the Assisted Reproduction & Parentage Consultation Paper and a corresponding survey on its website for public comment. Following a period of public consultation and meetings with practitioners, the Commission submitted the Final Report on Assisted Reproduction & Parentage to the Minister of Justice in December. The Final Report contains the following recommendations for reform of aimed at providing certainty and clarity with respect to the legal parentage of children born through the use of assisted reproduction: 1. The Commission recommends that the terms “parent” and “birth parent” be used in the CLA, 1997 to replace “mother” and “father” to the extent possible. If it remains necessary to use the terms “father” and “mother” in some instances, the Commission recommends the CLA, 1997 refer to “a father/mother” as opposed to “the father/mother.” 2. The Commission recommends a donor be able to be legal parent of the child in addition to the intended parent(s) if the donor and the intended parent(s) have entered into a pre-conception
12 BARNOTES
written agreement and received independent legal advice prior to executing the agreement. 3. The Commission recommends there be no distinction in the CLA, 1997 between traditional and gestational surrogacies. 4. The Commission recommends the CLA, 1997 include surrogacy-specific parentage provisions. The intended parent(s) should be the parent(s) of the child (and the surrogate will cease to be a parent of the child) once the surrogate provides written consent to relinquish her entitlement to parentage after the birth. The provision should require a pre-conception written agreement and for each party to have received independent legal advice prior to entering into the agreement. 5. The Commission recommends there be no requirement for there to be a genetic link between the child and one of the intended parents in order for the surrogacy parentage provisions to apply. 6. The Commission recommends the CLA, 1997 incorporate an administrative type of procedure following the birth of a child from a surrogate, provided certain conditions are satisfied. The intended parents and the surrogate should each be required to complete a declaration indicating that they entered into a preconception written agreement and received independent legal advice. The surrogate will also need to indicate she consents to relinquishing her entitlement to parentage on the form. The Commission further recommends that the surrogate be required to submit a certificate of independent legal advice along with the declaration to vital statistics in order to add an additional measure of oversight to the administrative process.
COMMENTARY
7. The Commission recommends that the CLA, 1997 specify that any provision in a surrogacy agreement that purports to determine parentage is not enforceable, but may be employed by a court as evidence of the intention of the parties to the agreement. 8. The Commission recommends the CLA, 1997 allow for up to four parents without the need for an application to the court for a declaration of parentage. 9. The Commission recommends a spouse of a deceased person to be able to apply to the court for a declaration that the deceased person is a parent of a child conceived after his or her death through assisted reproduction. The application should only be made after the child is born, and it should be made within 90 days of the child’s birth. The deceased must have consented in writing to be a parent of a child conceived posthumously through assisted reproduction and must not have withdrawn their consent before his or her death. 10. The Commission recommends the recognition of extra-provincial declaratory order sections of the Uniform Act (sections 13 – 17) be adopted in Saskatchewan. 11. The Commission recommends that s. 18 of the Uniform Act – which addresses birth certificates issued to children born outside of Canada recognizing individuals as parents that would not be recognized as parents under Saskatchewan’s parentage legislation - be adopted in Saskatchewan.
The Commission’s commercial tenancies project is a joint project with the Uniform Law Conference of Canada (ULCC). The project - a multi-year undertaking involving extensive consultation with a working group chaired by the Commission’s Director – is now complete. The ULCC has adopted the , and it will now be recommended for enactment to every common law jurisdiction in Canada. can be viewed on the ULCC’s website (https://www.ulcc.ca/images/stories/2018_pdf_ en/2018ulcc0008.pdf). The Commission has several ongoing projects. In September, the Commission posted the Tentative
Proposals for a paper on its website for public consultation. The paper contains a proposed and extensive commentaries. The proposed codifies and modifies in several respects Saskatchewan’s laws related to mortgages and real property security. The Commission is currently assessing the responses received during the consultation period. The Commission is currently considering whether there is a need for legislation on life leases in Saskatchewan. The Commission published a consultation report on this topic at the end of March. Responses can be sent in writing or be sent via the online survey. Both the consultation report and the survey can be found on the Commission’s website (www.lawreformcommission.sk.ca) If you would like to be on the mailing list for this project, or participate in a working group, please contact Leah Howie at director@lawreformcommission.sk.ca. The Commission has recently welcomed the Honourable Darryl J. Brown as a Commissioner. Darcy McGovern Q.C., Professor Ron Cuming, and Dr. Barbara von Tigerstrom continue to serve as Commissioners. Michael Milani, Q.C. continues to serve as Chair of the Commission. The Commission relies on public participation in order to inform its recommendations for reform that are sent to the Minister of Justice and Attorney General. Comments from members of the Bar on current projects are greatly appreciated. The Commission is always open to receiving proposals for potential law reform projects from members of the Bar. If you have an idea for a new project that falls under the Commission’s legislated duty to “keep under review all the law of the province, including statute law, common law, and judicial decisions, with a view to its systematic development and reform, including the codification, elimination of anomalies, repeal of obsolete and unnecessary enactments, reduction in the number of separate enactments and generally the simplification and modernization of the law”, please get in touch with Leah Howie at director@ lawreformcommission.sk.ca. Electronic copies of all Commission publications are available on the Commission’s website, at lawreformcommission.sk.ca.
SPRING 2019 13
S:7.25”
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4/5/19 6:05 PM
T:10”
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No objections here.
COMMENTARY
SASKATCHEWAN LEGAL COACHING AND UNBUNDLED SERVICES PILOT PROJECT
KIM NEWSHAM || MINISTRY OF JUSTICE MELANIE HODGES NEUFELD || LAW SOCIETY OF SASKATCHEWAN BREA LOWENBERGER || CREATE JUSTICE*
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inistry of Justice, Law Society of Saskatchewan and CREATE Justice partner on Saskatchewan Legal Coaching and Unbundled Services Pilot Project.
1. providing confidential drafting assistance, 2. making limited appearances in court as part of the limited scope retainer, 3. providing legal information and advice under a limited scope retainer, and 4. providing legal services at a court-annexed program, or through a non-profit legal service program.
Legal coaching is a of unbundled legal service, defined by 2017 National Research Fellow on the topic, Nikki Gershbain, as: We are all familiar with the traditional model of legal practice. Full representation means you offer comprehensive legal services, representing a client from the beginning of the matter/issue, to the end. You appear in court, draft documents, prepare correspondence, and generally manage all aspects of the case. Not everyone wants full representation, and not everyone can afford this level of representation, but may benefit greatly from specific legal services. A report of the Law Society of Upper Canada (2010), now the Law Society of Ontario, described unbundling as: … the concept of taking a legal matter apart into discrete tasks and having a lawyer or paralegal provide limited legal services or limited legal representation, that is, legal services for part, but not all, of a client’s legal matter by agreement with the client. Otherwise, the client is self-represented. Some common services involve lawyers or paralegals
Legal coaching is a type of unbundled legal service, where a lawyer-coach offers behind-the-scenes guidance on both the hard and soft skills of lawyering, in order to provide a (primarily) self-represented litigant with the strategies and tools needed to present their case as effectively as possible in the absence of counsel.
As identified, in Saskatchewan’s Final Report of the Legal Services Task Team (2018), legal coaching differs from unbundling in two key ways: 1) it involves an ongoing relationship for the duration of the client’s matter, rather than providing discrete assistance at limited intervals; and 2) it involves the client performing the work under the guidance and mentorship of a lawyer-coach. Legal coaching can also work in conjunction with unbundled services if the client wants a lawyer to perform discrete tasks.
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COMMENTARY With traditional legal practice, you likely get the kudos, or alternatively bear the blame, for the result, which can be stressful all on its own. Under the unbundled or legal coaching model, the client and lawyer share responsibility for the outcome. Some lawyers have noted that clients who do some of their own legal work have a better appreciation for the complexities and uncertainties inherent in the practice of law. A recent study of a pilot project on the provision of unbundled services in Alberta found that 87.6% of clients involved in the pilot were satisfied or very satisfied with the services they received. Do you currently have that level of client satisfaction? Given the high level of satisfaction, it would seem unlikely that this style of practice would result in more complaints to the Law Society or SLIA. In terms of the lawyers’ experiences with unbundling, 91.7% of lawyers in the pilot were strongly satisfied or satisfied with providing unbundled services, and 90% stated that they intended to continue offering unbundled services following the conclusion of the pilot. Eighty percent of the lawyers had been motivated
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to offer unbundled services to increase access to justice, and following the pilot, 68% felt unbundled services do in fact increase access to justice. Through the “Saskatchewan Legal Coaching and Unbundled Services Pilot Project”, the Ministry of Justice, Law Society, and CREATE Justice aim to advance this topic in Saskatchewan. So… do you want to help improve access to justice and have more satisfied clients? Join the Saskatchewan roster of lawyers who provide unbundled legal services. Email Kim Newsham at kim.newsham@ gov.sk.ca to join the roster and to be notified about new resources and training events related to unbundled services and legal coaching as they become available.
Client And Lawyer Satisfaction With Unbundled Legal Services: Conclusions From The Alberta Limited Legal Services Project, by John Paul Boyd, M.A., LL.B, August 2018.
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SPRING 2019 17
Feature Commentary
LAWYER BODY OUT OF BALANCE: FEEDING THE PHYSICAL, INTELLECTUAL, EMOTIONAL AND SPIRITUAL SELF MARILYN POITRAS || ASPIRING ETHICAL SPACE MAKER
M Thinking like a lawyer puts us squarely in the space of one quadrant of whole well-being, the intellect. The other three spaces, the physical body, our emotions and the spirit, are too often left unattended until dis-ease moves in and demands our attention. We are out of balance and need to address the other three quadrants to find health in all of them.
ental illness is taking over our health care system, fast becoming the number one cost and reason for seeking medical attention. Ironically, because lawyers love being in the top spot, especially intellectually, we are leaders here too. This all makes sense for the law. Our work is in the ability and capacity of our intellect or mental faculties. This has been measured in lawyers since at least the 90’s. Starting in the first year of law school, we know that lawyers are more than 3 times likely to have major depressive disorders. Today, however, legal colleagues are willing to discuss mental illness, to tell their stories and to respond in a supportive way, pushing the practice to include space for our own mental health. This is a very individual process, we need to build our capacity to work with the information that our symptoms reveal. Further, some of our anxieties can be life opening a door for us to move on, learn new skills, deal with old issues/traumas and ultimately to grow if we access the tools available to us to respond in health. Anxiety or stress is a normal experience for everyone, thankfully not all in the same way, from the same things or at the same time. When your signature, physiological symptoms show up, they have a message for you: Listen. Life is about to get interesting. How your body speaks to you is unique to you: a hot flushed face, the pit of your stomach rising up to your throat, dry mouth, a low growl in the back of your throat, teeth clenched, scanning for the nearest exit, headaches, back aches, room spins, sleep loss, your limbs go numb, or energy that leaks out of your soul onto the floor that you wish would open up and swallow you. In fact, you are not broken. That increased
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Feature Commentary heart rate and breathing, dilated pupils and numb limbs are all responses that you show up with from the factory. Moreover, you showed up at all because cave grandma had those responses too. Preserving the organs, seeing better, a rush of adrenaline enabling you to lift the car off a kid, are all responses we want when we need them. Determining if we need them is our job as we choose from fight, flight, or freeze options. A job done best when you have information, know what to look for and have tools to respond with. Ignoring these symptoms more often than not, leads to more anxiety and the anti levels up each time with things like depression, PTSD (yes, lawyers get this), more addictions, and so on. Your job, each time your body sends you the message that stress has voiced, is: 1. To recognize the messages; (list your own process so you recognize it) 2. To take 5; (breaths, seconds, minutes, months) (a valuable and underutilized superpower) and 3. Respond from the place that feels respectful, for you and for the people and issues you are dealing with. (yes feel, another underutilized super power)
We have programmed neural pathways to react, if they are sending you to the bar, for another line or to your private cave, then it is time to create new pathways. Lawyers are trained to take emotion out of the situations we are asked to fix and we often take those practices home with us. To be frank, anger is the tried and true acceptable emotional response in our very testosterone heavy legal world, also because we have conditioned our male tribal members not to exhibit any other emotion. But, anger is the old black. The increase in pre-trial conferences/settlements, negotiation, mediation and divorcing the fair way and so on, all demonstrate our cultural shift to listening differently and, therefore, responding differently.
The research on emotional intelligence in our life time shows that high EQ plays a role in high standards, professionalism, ethics and just a better life. This is a great back drop for data driven people to see that science says I can and should see, hear, and respond from a place of empathy, at work and at home. Turns out we actually feel before we think so that the information we can access is immediate. There are lots of tools available, simple, accessible ways to nudge yourself to health and healthy responses in work and life, and as our profession knows - they all improve with practice. They include: breath, the act of slow intentional breath as your symptoms arise; presence, bring your racing mind into the room and out of the perceived battle zone, wiggle toes, tap the sides of your legs, tell yourself you are breathing - as you breathe; laughter, pain and pleasure confuse each other long enough to get your breath regulated and heart rate slowed; one bite at a time, break the issue/project/case/meeting into doable bite size pieces; eat well, you are what you eat; give yourself a time out, time and patience are remedies too; know mistakes are made, set up a way to assess them to learn from them, take responsibility for them; meditation, for 5 minutes 3 times a week, changes life, health, relationships, sex and much more; fact find, do not believe your every thought; journal, release; exercise, another actual remedy; reflect, what has worked in the past; add the word ‘yet’ to the list of things you are not good at; know your own skills, your own limits, your advisors and the things that you are grateful for. Create your own personal code of ethics for home, for work and everywhere in between.
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Feature Commentary
STUDENT MENTAL HEALTH & WELLBEING TONYA LAMBERT || UNIVERSITY OF SASKATCHEWAN STUDENT
S
tudying law can be exciting and rewarding. Every day, students at the University of Saskatchewan’s College of Law encounter intellectual challenges, read interesting cases and are exposed to new ideas. They can engage in conversations and debates with fellow students, testing their litigation and negotiation skills. Law School Stressors
SUPPORTS FOR STUDENTS Student Counselling Services:
306-966-4920
Student Health Services: 306-966-5768 Disability Services for Students:
306-966-1856
Lawyers Concerned for Lawyers (24-hour confidential service):
1-800-663-1142
Mobile Crisis (24-hour confidential service):
306-933-6200
HealthLine (mental and physical) (24-hour confidential service): 811 211 Saskatchewan – www.sk.211.ca Several members of the faculty and staff have taken training in Mental Health First Aid (Shari Thompson, Tamara Larre, Lorrie Sorowski, Patricia Farnese) and SafeTalk (Heather Heavin) and are available for students to speak with if need be.
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Studying law can also be overwhelming, depressing and anxietyproducing. The stressors facing law students today can sometimes seem never-ending. There is an inordinate amount of pressure to get top grades, secure summer jobs and articling positions, volunteer and join clubs oncampus and within the community, and network, network, network. In addition, students face ever-increasing tuition feesi and high debt loads coupled with fewer articling positions and job opportunities at the end of the line. “Law is a very tough and demanding discipline, and it definitely takes a toll on students’ wellbeing,” says Sumayya Hafeez, 2L.
Such unrelenting pressure to excel can undermine one’s sense of confidence and challenge one’s self-worth. Thus, it is not surprising that a study by University of Washington professor Dr. Andy Benjamin found that by third year, 40% of law students have experienced a major depressive episode.ii Other studies have revealed that these statistics do not improve once law students become lawyers: a John Hopkins studyiii found that rates of depression among lawyers are four times higher than in the general populace, with a University of Toronto studyiv revealing a direct correlation between success and depression in the profession due to the need to sacrifice those things in life that contribute to mental health and wellbeing – family, friendships, vacations, weekends - in order to succeed. More Support Needed
Orlando da Silva, a lawyer with the Ontario Ministry of the Attorney General, gave this year’s Law Review Lecture as part of Access to Justice Week in October. He stressed the need to change the legal culture and to not simply try to ease the effects somewhat. His talk was very well received among the students at the college, many of whom have indicated that they
Feature Commentary would like to see more mental health supports readily available at the college level. “We need more mental health check ins,” says Hafeez, “more checking up on students who appear to be struggling. I know there are some supports readily available already, but there’s little knowledge about them. The college needs to be more proactive and establish solid supports for students who might be struggling.” “I do wish that there was some forum to have a more open discussion about mental health together,” opines Darin Gette, 2L. “I find that although keeping mental health issues confidential is crucial for people’s safety and fear of judgment, it can also perpetuate the stigma by keeping it behind closed doors. I think that coming together to discuss it openly can also have a positive effect.” “I think it would be really helpful if the college had someone who was well-versed in the typical stressors law students face (100% finals, competitive job market, drinking culture) and was available to offer guidance and assistance to law students!” suggests Colleen Konkin, 2L. Courtenay Catlin, 2L, agrees. “I believe that the students at the College of Law could benefit by having a staff therapist on site. The high levels of stress, anxiety and pressure students face is almost impossible to work through without a professional. While there are resources elsewhere on campus, I think that providing one at the College of Law would help combat limitations folks face. By bringing a professional to the students, you cut down multiple barriers that students are faced with: transportation, limited availability, busy schedules, etc. It is integral to be able to communicate the pressures of law school and many students do not have an adequate support network to do so.”
Since 2016, the University of Calgary’s Faculty of Law has had an onsite psychologist. Each student may receive up to four one-hour counselling sessions during the school year, and the psychologist is reportedly always busy. The position is jointly funded by the college and the Alberta Lawyers Assistance Society. Perhaps the University of Saskatchewan’s
College of Law and the Law Society of Saskatchewan might consider putting something similar in place here in the near future? Student-Led Initiatives
There is a growing push among students to initiate and effect the changes they wish to see. Erik Heuck, 2L, is exploring the feasibility of starting a mental wellness club for students, it would serve as a safe space, a point of first contact and a place to share, vent and find support amongst one’s peers. Joel Seaman, 2L, and Arielle Benesh, 2L, spearheaded a proposal to create an additional position on the Law Students’ Association – a Vice-President of Student Wellness. “My vision for the Vice-President of Student Wellness is to enable an interested student to take stock of the current procedures and resources in place at the college and make a coherent proposal to the administration to address any identified areas of concerns,” explains Seaman. “It sounds fairly expansive, but I think that in practice it will be about picking one issue area and working to implement a solution with the administration. It is my hope that small, but meaningful changes every year could amount to a relatively large change over the next decade.”
Current Support
The Law Students’ Association already has a Wellness Committee, which every year in March hosts Calm Week. Designed to help students relax and forget about the fast-approaching exam period, events include the opportunity to pet a therapy dog or participate in fun carnival-like games. The College of Law’s Faculty Wellness Committee is focused on improving the mental health and wellbeing of everyone at the college – staff, students and faculty. For the past two years, the college has conducted a Student Wellbeing Survey in the fall, spearheaded by Doug Surtees, Associate Dean, Academic. Their past initiatives have included a switch from having all 100% finals to an option to write major and minor CONTINUED ON PAGE 23
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Feature Commentary
WELLNESS THROUGH FITNESS NORMA J. GUNNINGHAM-KAPPHAHN || SASKATCHEWAN HUMAN RIGHTS COMMISSION
F
rom my work with the Human Rights Commission, I know that somewhere between 20 - 40% of all people will, at some time in their lives, experience acute or chronic mental health concerns. Lawyers are certainly not immune to mental illness, any more than they are immune to physical illness. You, your partner, your kids, your parents, are all susceptible. We are encouraged to talk about struggles with depression, anxiety, and unhealthy stress. We are encouraged to seek help. The stigma is gradually lifting. There are many strategies for dealing with stress, depression and anxiety. Having been a YMCA and SPRA certified group fitness instructor for over 16 years, and an instructor trainer for more than 7, I can tell you that diet and exercise are key components in maintaining good mental health. That is not to say that exercise is a replacement for medical advice and assistance, or a panacea, curing all mental health concerns. Far from it. But just as exercise and physical fitness are valuable to physical health, both are also integral to a healthy mental outlook. This is an evidence based statement, and not just an intuitive, granola-laden platitude. The science behind this benefit is that exercise increases blood circulation within the brain, and so affects several regions of the brain that are responsible for motivation and mood, the fear response to stress, memory formation, mood and motivation. Research suggests that exercise promotes the creation of neurons in the hippocampus, the area of the brain responsible for emotion regulation, memory and learning.
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Exercise generally improves mental health by: • Reducing anxiety, depression and negative moods; • Improving self-esteem and social withdrawal; and • Improving cognition and memory. In terms of overall physical health, exercise generally improves: • Blood pressure and cholesterol levels; • The ability to mitigate insulin resistance; • Cardiovascular fitness; • Perceived energy levels and stamina; • Balance and agility; • Sleep; • Interest in sex; and • The ability to maintain a healthy weight.
So what keeps people from engaging in exercise? Commonly, people will say that they have no time, it’s too hard/painful/boring/expensive. They are put off by notions of the gym - too much spandex, too many uber ripped bodies, too many complicated machines, too many dancey-dance fitness classes. They hated PhysEd as a kid, so why put themselves through that as an adult? (Dodge ball, anyone?) Some might already feel too stressed out, too overworked, too overtired and too bummed out to even try. Canadian guidelines recommend 150 minutes of moderately vigorous exercise per week for adults,
Feature Commentary accumulated in 10 minute segments or more. Just over 20 minutes a day. That level of commitment is all you need to gain physical and mental health benefits. You don’t have to hurt, you don’t have to run marathons, you don’t need to live at the gym. Walk, swim, bike, paddle, dance, do a class offered in the community. If you have mobility restrictions, there are a wide variety of accessible classes and activities. Many communities offer specific Forever… in motion classes for older adults (that’s defined as 50+ years of age). The social benefits of exercising with a group of friends also can’t be overlooked. If you are neglecting your own exercise needs because your kids take what little time you have left after work, get your kids involved in exercising with you. Kids model what they see.
•
Determine the time of day you are most apt to exercise. There is no point deciding to swim at 6 a.m. each day if you aren’t normally up and about before 6 a.m. Likewise, if exercise after 8 p.m. will keep you from falling asleep at your regular time, that’s probably not going to work for you.
•
If you want to try a gym, you will want to ask:
Do activities you like to do – you are more apt to do those things more regularly.
•
Gradually add exercise to your everyday routine. Break up the day with a brisk 10-minute walk. Ride your bike to the store. Don’t try to “get back into shape” in a week.
CONTINUED FROM PAGE 21 papers as well as the removal of alcohol from collegesponsored events (a move that was also adopted by the CBA at its college events this year). Attempts are being made to introduce more discussions about wellness and trauma-informed practice into the curriculum and professional development sessions. Students can find additional support through Lawyers Concerned with Lawyers, a program sponsored by The Law Society of Saskatchewan and run by Homewood Health, a third-party provider. The program offers counselling and coaching services not only to lawyers and articling students but also to students of the College of Law, which few students are aware of.
¡
Are knowledgeable staff available to show me how to use the equipment safely?
¡
Is the staff well trained? experienced? first aid and CPR/AED certified? insured?
¡
Get an exercise buddy. On days when you’d rather not bother, you won’t let your buddy down by not showing up.
•
Is it convenient to home or work?
¡ When are the busiest times of use? If its busy time overlaps with your optimal time of use, you might have to wait for access to equipment and that might be frustrating
In order to stick with an exercise program here are some tips: •
¡
Am I bound to a long term, up front contract for the gym or a trainer that costs as much as my first car?
¡ Can I get a couple of free passes to try it
out at a time I would normally want to use the gym? ¡ Can I try a few classes to see if they work for me?
As a first preventative step, I encourage you to give exercise a try. Find time for yourself. You’re worth it.
Students are matched with a local counsellor who works in the relevant field. Immediate crisis support is available and wait times for less-urgent matters is generally only a matter of days. Students can receive up to five free counselling sessions. All assistance is confidential. i At the University of Saskatchewan, tuition fees went up 32% between 2013-2014 ($12,015) and 2017-2018 ($15,838).
G. Andrew H. Benjamin et al. (1986), The Role of Legal Education in Producing Psychological Distress among Law Students and Lawyers, American Bar Foundation Research Journal 11(2): 225-252.
ii
Eaton, W.W. (1990), Occupations and the prevalence of major depressive disorder. Journal of Occupational Medicine, 32 (11): 1079-1087.
iii
Koltai, Jonathan, Ronit Dinovitzer, and Scott Schieman (2018), The Status-Health Paradox: Organizational Context, Stress Exposure, and Well-Being in the Legal Profession. Journal of Health and Social Behavior, 59(1):20-37. iv
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Feature Commentary
HOW PURSUING MY DREAMS MADE ME A BETTER LAWYER ADRIENNE PERROT || LEGAL COUNSEL, WATER SECURITY AGENCY
F
ive years ago, at the age of 30, I left the practice of law to pursue my dreams. At the time, I wrote an article about it in – you could say it was a form of final salute. I submitted the article, arranged with the Law Society to switch to inactive status, and decided I would never practice law again.
Over the course of the next 5 years, I did a bunch of stuff. I did way more than I thought possible. I did things I never expected to do. Now, at age 35, I am back into full time legal practice. “But wait a minute,” you might be saying, “Hadn’t you closed the chapter on the practice of law?” I did, my learned colleague, I did. But let me explain. This is not a story of reality hitting, or disillusionment in one’s dreams. This is a story of finding a greater appreciation for both the law one’s dreams. When I quit my job, I expected to find freedom. After all, in my first crack at practicing law, I felt pretty disenchanted. I had never really felt like I fit the system; I molded myself and changed who I was to try to be who I was a better lawyer. If only I could be tougher, and less compassionate. If only I could be more blunt, and less soft. If only I could be more and less . But I couldn’t. So, at age 30 and after 5 years of practice, I decided that I, Adrienne Perrot, just didn’t fit. I wasn’t the right person for the job. With a bit of flair, I decided to
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leave it all behind and finally be myself. In following my dreams, I delved into the world of videography. I learned how documentaries are made, I learned how to light a set, and I learned how to truly listen to a person during an interview so that they forget about the camera. Everybody has dreams, everybody has a story that can break your heart, and everybody looks better in great lighting. I became a BodyTalk practitioner. I learned how our (subconscious) beliefs truly do create our realities. I sat with my clients and listened to the deep and hidden pains that we all carry. I sat with exhausted mothers, I sat with hopeful children, and I sat with professionals who came to see me entirely in secret for fear they would be found out as believing in “that hippie stuff” (their words, not mine). In this exploration, I recognized that there are always at work. I learned that a law does not have to be written by a legislature or a court in order to be truth. In fact, I learned that the greatest truths cannot be written. Most importantly, in getting to be myself, I learned that everywhere I go, there I am. As with any great journey of self-discovery, the protagonist must face her greatest demon: herself. I learned that my discomfort was never really about . It was about how deep down, I didn’t really think very highly of myself. I had to unravel my unhealthy relationship with worth and my need to derive that worth from my status, my profession, and outward appearances.
Feature Commentary Indeed, it turned out that getting to be myself was actually quite challenging – I could no longer blame my unhappiness on my job. I had to get real and look directly in the mirror. I had to learn to love who I am, regardless of what I was doing. The funny thing is, that in learning to respect and love myself, I had to rely on the parts of myself I had previously disowned – my softness and compassion. And wouldn’t you know it, I did the very thing I had publicly declared I would never do: I found my way back to the law. I eventually returned to practice as a sole practitioner, initially to augment my income but then more so because I found an unexpected joy in advising other business owners who were also trying to be more of themselves. I found myself taking courses in Indigenous law because I am intensely curious about the way in which Indigenous traditions integrate and recognize natural laws; it makes so much sense. I also recognized that our legal community is not only for toughness and bluntness. It has room for – and in fact, – softness and compassion. It was only when I was able to step away from the practice of law that I realized its value. In believing there was only one way to practice, I didn’t understand that the law must serve very diverse interests. Indeed, taking time to explore my creative and soft sides actually makes me . In recently returning to full time practice with the Water Security Agency, I immediately discovered that I hadn’t needed to log more hours in the law to become a stronger lawyer. I simply needed to honour myself. When I am me, I clearly see how sneaky childhood beliefs of the players on any file either hinder or help resolve contentious issues. My experience in documentary work allows me to listen – – to what’s actually going on. And the unexpected and raw discovery of my worth provided me with a deep and unwavering sense of self I now possess in bringing parties together with softness and compassion. It turns out I am a lawyer, through and through. I am also a woman, and a storyteller, and an advocate for those who have important non-traditional skills and life experiences to bring to the table.
Ultimately, I think I have always just wanted to see a woman like me – a creative and compassionate rural kid who grows up to use her technical skills in the practice of law without having to sacrifice her gifts. Is it possible to be both wildly creative and a grounded advocate? How can I be the role model I would have loved to see growing up, for young kids in this province? How can I show them that when they choose their career – regardless of profession – they don’t have to give up who they are in order to do something that’s actually pretty cool? Something tells me I am about to – most definitely – find out.
Lawyers Concerned for Lawyers here for you when you need it.
Lawyers Concerned for Lawyers Inc. is a non-profit corporation comprised of Saskatchewan lawyers and judges advocating for those within the legal profession who may be experiencing professional or personal stresses or difficulties. Professional and confidential assistance is available to law students and Law Society of Saskatchewan members and their families whose lives are impacted by personal or professional problems. Assistance is provided at no cost to all those who qualify for the program.
1.800.663.1142
TTY: 1.888.384.1152 www.homewoodhumansolutions.com
SPRING 2019 25
REPRESENTING WHAT MATTERS For over 100 years, Robertson Stromberg has been delivering pragmatic advice and strategic legal solutions in every area of the law. As a top local law firm with reach that extends nationally, our skilled and experienced lawyers are committed to excellence and live by the highest professional standards. Like the province we call home, we are grounded, sincere and hard-working. No matter what legal challenge is presented, we are here for our clients – ready to provide exceptional service and representation that gets results.
RSLAW.COM REPRESENTATION THAT GETS RESULTS. 26 BARNOTES
COMMENTARY
PSYCHOLOGICAL IMPACTS EXPERIENCED IN CIVIL LITIGATION * HEATHER HEAVIN || ASSOCIATE DEAN, RESEARCH AND GRADUATE STUDIES
I
n the practice of law, lawyers spend significant time interacting with clients and, where necessary, representing them in a variety of legal processes, including litigation. Our research in the area of litigation risk assessment has had us focus more recently on the true ‘costs of litigation’. It is our contention that to be effective and ethical litigators, it is important for lawyers to properly assess of pending litigation for their clients, to help clients make more informed decisions about whether to proceed with litigation or to utilize other forms of dispute resolution, such as mediation or negotiations, and make decisions about whether or not to settle, or the timing of such settlement. Valuing the costs of litigation is critical to a strong risk analysis, as it enables lawyers to clearly communicate to their clients what the anticipated value of the lawsuit will be, taking into account the full costs of achieving the anticipated legal outcome. Until recently, a discussion of “costs” focused on the direct legal costs to be incurred in order to acquire the anticipated outcome. This is beginning to change in Canada. The Canadian Forum on Civil Justice - “Costs of Justice Project” and the National Self-represented litigant’s project has looked in a multi-faceted way at the important effects of unresolved legal conflict on people.1 We know that people with unresolved legal problems suffer negative health impacts as well. We also know that the litigation environment can cause chronic stress in lawyers.2 Lawyers experience stress through the demands of the job or through vicarious trauma – taking on the stress and anxiety experienced by the client. However, there has been
less understanding as to the extent to which the stress of litigation and related legal processes impact the social and psychological well-being of the client. Put more simply, the legal processes that are intended to serve the client – to help the client – to resolve the legal problem – are themselves a significant and independent source of anxiety and stress. We believe that a fulsome discussion of the ‘costs’ of litigation must include a valuation of the indirect or personal costs that will be experienced by the client because of the litigation process itself.
In this costs assessment, we have included what we call ‘Indirect Costs’. These are the personal costs that are, in our estimation, as important as the direct financial costs (such as the legal fees, filing fees, expert witness fees, etc.) that will be paid in order to properly pursue the litigation. It is within the analysis of indirect costs that it litigation is important to understand the processes will have on the client. These impacts include: a. Internal impacts: human energy costs (time, emotional energy), internal environment of the family, impact on relationships and children, impact on goals, interests and identity; and b. External impacts: network of relationships surrounding the family; business/commercial networks; loss of opportunity; reputation impacts.
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COMMENTARY In our paper, “Anticipating and Managing the Psychological Costs of Civil Litigation” (2017) 34(1) Windsor Yearbook of Access to Justice 73, we have determined that people
The label of this harm by psychologists is not uniform. Rather, Thomas Gutheil refers to “Critogenic (lawcaused) harm” described as, “the intrinsic and often inescapable harms caused by the litigation processes itself, even when the process is working exactly as it should.”3 Paul Lees-Haley describes “LitigationResponse Syndrome” as, “complaints that arise solely from the experience of being personally involved in a lawsuit, rather than the events that precipitated the litigation.”4 Larry Cohen and Joyce Vesper have described “Forensic Stress Disorder” as the general burden of stress accompanying litigation.5 We also know that litigation-generated stress can begin as early as the first notification that one is going to be sued and lasts until well after the litigation has ended. And that it can intensify at critical stages during the litigation process: questioning, independent evaluations, pivotal hearings, and the trial itself. We recognize that litigation stress may be experienced more acutely by some clients. The research suggests that while all litigants experience litigation stress, those with pre-existing cognitive, mental or emotional vulnerabilities can have those conditions exacerbated by litigation stress.6 According to LeesHaley, litigants already predisposed to stress, mood disorders, disorders or substance abuse, and their close relatives, may be especially vulnerable to litigation stress.7 Individuals with pre-litigation trauma, or who have PTSD, can also experience high levels of anxiety and legal processes, such as interviews, examinations for discovery and testifying, can all result in a triggering a reliving of the traumatic event and result in a resurgence of traumatic reactions.8 People that have suffered a traumatic brain injury may, when litigation is pursued, have difficulties with depression, anxiety or social dysfunction manifesting itself as well as other physical symptoms, such as headaches, or dizziness.9 People suffering from
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chronic-pain or pain-related litigation,10 litigation involving sexual assault and sexual harassment,11 clients that are divorcing,12 and, litigation involving professional negligence and malpractice13 have also been identified as having the litigation process more acutely impact clients. This stress and anxiety can also impair a client’s judgement and decision-making abilities and lead to a client’s over reliance on legal counsel for support and care, with lawyers feeling pressured to assume roles they are not trained, or qualified to fulfill.14 Litigants that are experiencing stress do not necessarily recognize these symptoms or are able to distinguish them from other factors related to their case. Symptoms may be confused with conditions created by the original conflict or dispute. And lawyers and litigants may not know that these conditions can contribute to clouded cognitive processes and impaired decision-making. We believe that with awareness of these problems and challenges for the client, lawyers will be in a better position to prepare the client for these events, and take steps to alleviate, or prevent the litigation stress. 1. Client Control – information, communication and informed decision-making
Clients find legal procedures more satisfying when they are involved in or feel in control of the process.15 According to Lenhart and Shrier, litigants who fare the best emotionally are those who: a) set realistic goals; b) maintain a sense of control in the litigation process; c) seek out adequate support; and, d) appreciate and focus their energy on restoring the original equilibrium of their lives.16 Diesen and Koch suggest that litigation stress can be reduced by lawyers Clients with little litigation experience can benefit from ‘surrogate’ knowledge, or receiving information about how other people tend to experience an event.18 This preparation is important. It is an educational process that can counteract feelings of loss of control.
COMMENTARY
In our view, providing clients with accurate information about the strengths and weaknesses of their case. A realistic assessment of the anticipated outcome and value of their case — they are better able to make informed decisions.19 Focused dialogue about the client’s interests – what can be achieved within or outside a litigation process and providing a realistic prediction of what can be attained through litigation and what cannot be attained through litigation, is important. Open communication will enable a lawyer to better understand their client and determine a trial outcome from the perspective of the client. Presenting information in concrete, rather than abstract forms, using visual aids, like flow charts, breaking down the information into smaller manageable segments, can serve to prevent a client from being overwhelmed by the information, and enhance decision-making.20 For clients with pre-existing psychological soft spots, such as cognitive, mental and emotional difficulties, it is important to have a more targeted discussion and plan for the times in the litigation where the client may be the most mentally depleted. This is best advanced through a client-centered (team) approach – with a commitment by the lawyer to engage in active listening. 2. Weighing Litigation and Considering Process Alternatives
Lawyers should discuss the range of process alternatives that may be available to their client. In this discussion, there is the opportunity to discuss the type of activities that will be involved and how that activity may be experienced by the client.21 For example – the retelling of traumatic events multiple times (such as at independent assessments, examinations and testifying in court), should be considered – so that the client can understand what can be expected and that they can mentally and emotionally prepare for it. Court processes that may allow for a summary procedure rather than a fulltrial, private arbitration, or mediation may meet the client’s needs. In determining what options may, or may not be available, legal counsel should factor in the ‘internal’ costs the client will experience.
3. Advanced Planning and Collaboration with other Professionals
Awareness of the pressure and stress experienced by clients at certain points in the litigation process can result in advanced planning to collaborate with other professionals that can provide support, or targeted support to clients.22 For example, if interviews are going to be necessary and acute reactions and manifestations of stress are anticipated, having an interviewer trained in therapeutic counselling to perform the inquiry may be necessary.23 Videotaping interviews, so that the number of times the client’s needs to tell or retell his/her story could be reduced. Lawyers doing the interviews themselves should conduct a very structured interview.24 Gather background or other information that can be shared by other professionals that may be involved in the litigation process. Producing a typed chronology of medical attendance history, so that this can be provided to experts prior to assessments. Drafting a very detailed instruction letter to the expert can also reduce the number of times a client may have to discuss, relay and relive a past-traumatic event.25 Mid-litigation Examinations (under oath) can also be particularly stressful. Making clients aware that the process is an affective experience is important. Client–lawyer discussions in advance; role-playing exercises can be helpful in preparing the client for the event.26 Post-deposition de-briefing to follow up with the client, particularly answering their questions about any legal or procedural issues. A thoughtful de-brief can also minimize any lingering anxiety over the experience the client has just experienced.27 This can be difficult to factor in if the lawyer is rushed, but it could make the difference between a client experiencing lingering anxiety and being able to regain control over their experience and life. Clients with particular vulnerabilities may need more time and information, and more careful planning. Exploring client’s reactions to certain ‘previews’ of testimony may allow for better ‘contingency’ planning. Planning for both the client, but also for
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COMMENTARY
the process. 28 For example, it may be that mediation or negotiation sessions need to be planned for multiple, shorter meetings, rather than one long day or afternoon. It may be important to have someone from the client’s support network, or develop a support network, to help the client during and after important dates and events during the process.29 4. Assessing for Mental Depletion
Mental depletion is a common problem. The quality of a client’s decisions decreases when clients experience mental depletion.30 According to Nora Rock, brain functioning requires about 20% of the body’s total energy consumption, a higher proportion of the body’s energy resources as compared to other organs.31 The brain will shift to ‘auto-pilot’ or subrational mode, to conserve energy. This is likely to happen when the client is chronically emotionally and mentally exhausted. Lawyers need to be aware of this problem and monitor whether or not a client is demonstrating mental depletion that manifests in ‘decision-fatigue’. Advising clients to eat foods (or bring foods) high in protein and low in sugar when preparing for a negotiation or mediation. Scheduling for multiple negotiations rather than one single long meeting, to give clients time to reflect on options and not get overwhelmed with too many decisions at once. Breaking up important processes can also be an effective way to prevent regret, or the client rushing to a decision. For example if in a negotiation, a client is distracted or has a vacant expression – he may be in the midst of a fight or flight reaction – zoning out due to reactions to stress. 5. Self-Care
While we have been focusing on the experience of the client to litigation stress, it is also important that lawyers (and students working in legal clinics) are aware of the psychological impact that they too will experience.32 Lawyers are vulnerable to psychological distresses, including compassion fatigue. Compassion fatigue is usually associated with social welfare and mental health professions, but lawyers are also susceptible.33 Lawyers exposed
30 BARNOTES
to the pain and distress suffered by their clients can experience cumulative psychological and physical effects, as a result of having empathy for traumatized and suffering people. Lawyers, over time, will subordinate their own emotional responses to the more objective needs of the clients’ case.34 Symptoms of compassion fatigue include: cognitive effects, such as lowered concentration; emotional effects such as guilt, anger and fear and behavioural effects such as moodiness, appetite changes and isolating oneself from others.35 Secondary traumatic stress, the stress resulting from helping a traumatized or suffering person is slightly different from compassion fatigue. It can result in intensive imagery of the client’s traumatic experiences, including the feelings of dread and anxiety that accompany them.36 A lawyer’s impaired ability is not only a problem for the lawyer, but also for the client when it impacts their ability to work and interact with colleagues and clients. Client confidentiality also prevents lawyers from sharing their daily stresses with family and friends – impacting health relationship maintenance.37 Attention to self-care is critical in order to manage stress, avoid anxiety, depression and burn-out that might be experienced.38 Attention to these risks exists within the legal profession and results in the use of reflective practice and attention to self-care.39 Shifts to positive physical and mental wellness behaviours can help enable lawyers to be more self-aware and, thus, better able to assess not only the ‘legal’ but also the psychological needs of the clients. In conclusion, awareness of the impact litigation processes may have on a client’s mental and emotional health is important for the legal profession. Assessing the resilience and capacity of a client to withstand litigation stress is important from the outset of the relationship. This assessment helps in anticipating and planning for the stress that will be experienced by clients during processes within the litigation is important. Raising awareness about these internal and external impacts opens up questions for legal counsel about ‘ethical lawyering’ and professional responsibility. It also opens up opportunities for
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SPRING3/25/19 2019 12:44 31 PM
COMMENTARY clients and lawyers to communicate more effectively about the client interests in the litigation and on the impacts that pursuing or continuing to pursue a legal action can have on the client. In our opinion, this is about transparency, but it is also critical to informeddecision making. The client having more information to make better choices about the processes they may be choosing, or informed-decisions about settlement or continuing with the litigation.
Costs of Justice Project online: <http://www.cfcj-fcjc.org/cost-of-justice>. See Julie McFarlane, “The National Self-Represented Litigants Project: Identifying and Meeting the Needs of Self-Represented Litigants (May 3013), online: <representingyourselfcanada.files.wordpress.com/2014/05/nsrlp-srl-researchstudy-final-report.pdf>. See Noel Semple, “The Cost of Seeking Civil Justice in Canada” (2016) 93:3 Can Bar Rev 639.
1
Dennis Portnoy, “Burnout and Compassion Fatigue: Watch for Signs” (2011) 92 Health Prog 47 at 48; Lee Norton et al, “Burnout and Compassion Fatigue: What Lawyers Need to Know” (2015-2016) 84 UMKC L Rev 987 at 989; Lisa Morgillo, “Do Not Make Their Trauma Your Trauma: Coping with Burnout as a Family Law Attorney” (2015) 53 Fam Ct Rev 456 at 457; John Hagan & Fiona Kay, “Even Lawyers Get the Blues: Gender, Depression, and Job Satisfaction in Legal Practice” (2007) 41 Law & Soc’y Rev 51 at 69.
2
Thomas G Gutheil et al, “Preventing ‘critogenic’ harms: minimizing emotional injury from civil litigation” (2000) 28 J Psychiatry & L 5 at 6.
3
Bruce Feldthusen, Olena Hankivsky & Lorraine Greaves, “Therapeutic Consequences of Civil Actions for Damages and Compensation Claims by Victims of Sexual Abuse” (2000) 12 Can J Women & Law 65 at 79; Angela K Lawson, “Having Your Day in Court: The Psychological Impact of Sexual Harassment Litigation” (2007) Dissertation University of Illinois at Urbana-Champaign at 8; Louise F Fitzgerald, “Sexual Harassment and Social Justice: Reflections on the Distance Yet to Go” (2003) 58 American Psychologist 915 at 921; Caroline Vaile Wright & Louise F Fitzgerald, “Angry and Afraid: Women’s Appraisals of Sexual Harassment During Litigation” (2007) 31 Psychol Women Qt 73 at 81.
11
M Richards, “The effects of divorce and separation on mental health in a national UK birth cohort” (1997) 27 Psychol Med 1121 at 1121; Bennett Wolfe, “The Best Interest of the Divorcing Family – Mediation Not Litigation” (1983) 29 Loy L Rev 55 at 72; Matthew Goodman et al, “Parent Psychoeducational Programs and Reducing the Negative Effects of Interparental Conflict Following Divorce” (2004) 42 Fam Ct Rev 263 at 266.
12
Emily R Carrier et al, “Physicians’ Fears of Malpractice Lawsuits Are Not Assuaged By Tort Reforms” (2010) 29 Health Affairs 1585 at 1591; Seth A Seabury et al, “On Average, Physicians Spend Nearly 11 Percent of Their 40-Year Careers with An Open Unresolved Malpractice Claim” (2013) 32 Health Affairs 111 at 116; Theodore R LeBlang JD, (2006) “The Medical Malpractice Crisis–Is There a Solution?” (2006) 27:1 J Leg Medicine 1 at 11-12; Maxwell J Mehlman (2006), “The Shame of Medical Malpractice” 27:1 J Leg Medicine 17 at 24–27.
13
Lee Norton, Jennifer Johnson & George W Woods, “Burnout and Compassion Fatigue: What Lawyers Need to Know” (2015-2016) 84 UMKC L Rev 987 at 995; Portnoy, supra note 2.
14
E Allan Lind et al, “In the Eye of the Beholder: Tort Litigants’ Evaluations of Their Experiences in the Civil Justice System” (1990) 24 Law & Soc’y Rev 953 at 961; C. Deisen & Dr. H. Koch, “Contemporary 21st Century Therapeutic Jurisprudence in Civil Cases: Building Bridges Between Law and Psychology” (2016) 2:1 Ethics, Medicine and Public Health 13 at 24.
15
Paul R Lees-Haley, “Litigation Response Syndrome: How Stress Confuses the Issues” (1989) 56 Def Counsel J 110 at 110.
16
Larry J Cohen & Joyce H Vesper, “Forensic Stress Disorder” (2001) 25 Law & Psychol Rev 1 at 4.
17
4
5
Herbert N Weissman, “Distortions and Deceptions in Self Presentation: Effects of Protracted Litigation in Personal Injury Cases” (1990) 8 Behav Sci & Law 67 at 68.
6
Lees-Haley, supra note 4 at 111.
7
Larry H Strasburger, “The Litigant-Patient: Mental Health Consequences of Civil Litigation” (1999) 27:2 J Am Acad Psychiatry Law 203 at 203. Captain Evan R Seamone, “The Veterans’ Lawyer as Counselor: Using Therapeutic Jurisprudence to Enhance Client Counseling for Combat Veterans with Posttraumatic Stress Disorder” (2009) 202 Mil L Rev 185 at 195; Bruce Winick, “Therapeutic Jurisprudence and the Role of Counsel in Litigation” (2000-2001) 37 Cal W L Rev 105 at 110.
8
Anthony Feinstein, “The Effects of Litigation on Symptom Expression: a Prospective Study Following Mild Traumatic Brain Injury” (2001) 41 Med Sci & L 116 at 118.
9
Marilyn S Jacobs, “Psychological Factors Influencing Chronic Pain and the Impact of Litigation” (2003) 1 Curr Phys Med Rehabil Rep 135 at 135; Edward J Hickling, Edward B Blanchard & Matthew T Hickling, “The Psychological Impact of Litigation: Compensation Neurosis, Malingering, PTSD, Secondary Traumatization, and Other Lessons from MVAS” (2006) 55 DePaul L Rev 617 at 625
10
32 BARNOTES
SA Lenhart & DK Shrier, “Potential costs and benefits of sexual harassment litigation” (1996) 26 Psychiatr Ann 132-138. Deisen &. Koch, supra note 15 at 23.
Jennifer K Robbennolt & Jean R Sternlight, Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision-Making (Chicago: American Bar Association, 2012), at 99; Deisen & Koch, supra note 15 at 24.
18
Heather Heavin & Michaela Keet, Paper Delivered at the CIAJ 2016 Annual Conference (Oct. 5-7, 2016) online at: https://ciaj-icaj.ca/en/reasearh-papers/: The Path of Lawyers: Enhancing Predictive Ability through Risk Assessment Methods 19-20.
19
Robbenolt & Sternlight, supra note 18, see discussion at 166-169
20
Tools exist in popular literature to help clients identify goals, and weigh priorities; see, for example, mind-maps (http://www.achieve-goal-setting-success.com/mindmap-for-goal-setting.html); also see JS. Hammond, RL Keeney & H Raiffa, Smart Choices: A Practical Guide to Making Better Decisions (Boston, Massachusetts: Harvard Business School Press, 1999)
21
CBA CBA, “Promoting Preventative Legal Health: A Tool Kit for Lawyers”, online: http:// www.cba.org/CBAMediaLibrary/cba_na/PDFs/CBA%20Equal%20Justice/PreventiveHealth-Toolkit-eng.pdf at 11-12 suggests that lawyers work with “Intermediaries” where appropriate
22
COMMENTARY
Gary Fulcher, “Litigation-induced Trauma Sensitisation (LITS) – A Potential Negative Outcome of the Process of Litigation” (2004) 11 Psychiatry Psychol & L 79 at 83.
23
Diesen & Koch, supra note 15 at 23
24
Laura Rothstein, “Law Students and Lawyers with Mental Health and Substance Abuse Problems: Protecting the Public and the Individual” (2007-2008) 69 U Pitt L Rev 531 at 533
32
Lee Norton, Jennifer Johnson & George W Woods, “Burnout and Compassion Fatigue: What Lawyers Need to Know” (2015-2016) 84 UMKC L Rev 987 at 995; Megan Seto, “Killling Ourselves: Depression as an Institutional, Workplace and Professionalism Problem” (2012) 2:2 online UWO J Leg Stud 5 at 6-8.
33
Ibid.
25
Winick, supra note 8 at 111.
26
Dennis P Stolle & Mark D Stuaan, “Defending Depositions in High-stakes Civil and Quasi-criminal Litigation: An Application of Therapeutic Jurisprudence” (2003) 4 West Crim Rev 134 at 140.
27
Captain Evan R Seamone, “The Veterans’ Lawyer as Counselor: Using Therapeutic Jurisprudence to Enhance Client Counseling for Combat Veterans with Posttraumatic Stress Disorder” (2009) 202 Mil L Rev 185 at 220.
28
Norton et al. supra note 25 at 989.
34
Portnoy, supra note 2 at 48
35
Lisa Morgillo, “Do Not Make Their Trauma Your Trauma: Coping with Burnout as a Family Law Attorney” (2015) 53 Fam Ct Rev 456 at 457
36
Ibid.
37
Jamie O’Connell, “Gambling with the Psyche: Does Prosecuting Human Rights Violators Console Their Victims?” (2005) 46 Harv Intl LJ 295 at 341.
29
Shai Danziger et al, “Extraneous factors in judicial decisions” (2011) 108 Proceedings of the National Academy of Sciences of the United States of America 6889 at 6892.
30
Nora Rock, “Putting Your Best Brain Forward: How neuroscience awareness and evolutionary psychology can help lawyers avoid claims and offer better client service” (2017) 16 LawPRO Mag 5 at 8
31
John Hagan & Fiona Kay, “Even Lawyers Get the Blues: Gender, Depression, and Job Satisfaction in Legal Practice” (2007) 41 Law & Soc’y Rev 51 at 69.
38
Michele Leering, Conceptualizing Reflective Practice for Legal Professionals” (2014) 23 JL & Soc Pol’y 83-106; Christine E Doucet, “Law Student, Heal Thyself: the Role and Responsibility of Clinical Education Programs in Promoting Self-Care” (2014) 23 JL & Soc Pol’y 136-155; The CBA has significant lawyer-wellness related programming and resources including Reference the CBA Wellness programming and resources http:// www.cba.org/CBA-Wellness/Home.
39
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SPRING 2019 33
BRANCH AWARDS
CELEBRATING OUR VERY BEST 2019 DISTINGUISHED SERVICE AWARD SARA KNOWLES || SASKATCHEWAN HEALTH AUTHORITY
I
met Tiffany Paulsen when I was a summer student at Robertson Stromberg, and she has been my mentor and friend ever since. For almost half my life, I have had a front row seat to Tiffany’s many accomplishments. I know that this acknowledgement of her service is especially meaningful to her. When I was asked to introduce Tiffany Paulsen, Q.C. to receive this award, I immediately said YES. Who wouldn’t jump at the chance to give a witty, yet inoffensive speech to a room full of judges and lawyers when no alcohol is being served? Absolutely!! In preparing these remarks, I called Tiffany’s mother, Mrs. Paulsen for a summary of Tiffany’s achievements:
So, it’s pretty clear that Tiffany was a born winner. And it would have been perfectly reasonable for her to use all her winning qualities combined with her incredible ambition and work ethic, and achieve great things for herself. And there’s no doubt she’s done that. But what makes Tiffany such a deserving recipient of the 2019 Distinguished Service Award, is that she’s used all that she’s been given and worked for, for the benefit of others.
34 BARNOTES
Here are some of her accomplishments: •
Tiffany has 2 Bachelor of Arts degrees from the University of Saskatchewan with a Bachelor of Arts (adv.) – major Psychology and Bachelor of Arts (cert.) – major French. Some people collect stamps, Tiffany collects degrees.
•
She also has a Bachelor of Laws/J.D. from the University of Saskatchewan.
•
She is certified in Collaborative Law.
•
Tiffany was called to the bar in 1999 and has been practicing law at Robertson Stromberg ever since. She has earned a reputation for being one of Saskatchewan’s preeminent lawyers.
•
She has extensive experience in all areas of family law. In every year since 2015, Tiffany has been named one of the Best Lawyers in Canada in the area of Family law.
•
She is also very experienced in the area of Human Rights law, and has made numerous appearances at administrative human rights tribunals.
•
She was the Chair of the 2018 Saskatchewan Trial Lawyers Association Family Law Conference.
•
Tiffany has been an active member of the Canadian Bar Association – including being a Member of Saskatchewan Council (2003-2015).
BRANCH AWARDS
•
She’s been the President of the Saskatoon Bar Association in 2005, and was a member of the Board of Directors from (1999 – 2006).
•
Tiffany has volunteered as a Saskatchewan Bar Course Instructor (various years since 2005).
• She’s been a frequent guest lecturer for the Colleges of Law and Arts & Science (since 1999). •
Tiffany has been the Keynote Speaker – Edwards School of Business, University of Saskatchewan – Woman of Influence.
•
In 2016, Tiffany received the Lexpert Zenith Award in recognition of her contribution in the legal profession with respect to diversity and inclusion.
•
Also in 2016, Tiffany was a Panelist at the Canadian Bar Association Forum. Topic: Myths About Women in the Legal Profession.
•
Tiffany was the Keynote speaker at the College of Law’s graduation banquet in 2016.
•
In 2012, Tiffany was named one of the “100 most distinguished graduates” at the University of Saskatchewan College of Law Centennial Celebrations.
•
In 2009, Tiffany was appointed Queen’s Counsel by Saskatchewan’s Minister of Justice (one of the fastest and youngest appointments in the province’s history).
•
Saskatchewan Business Magazine has named Tiffany one of the 10 most influential women in Saskatchewan.
Most recently, Tiffany has been advised that she will be honoured with a Life Membership Award from the Saskatchewan Urban Municipalities Association. The award recognizes a former municipal elected person whose career exemplifies commitment and dedication to community, and significant contributions to urban
government in Saskatchewan. Tiffany served as a city counsellor for 16 years. She is the current Board Chair of the Saskatoon Community Foundation and is a Director of the Saskatoon Police Service Foundation. She is also a member of the École Lakeview parent council. Congratulations, Tiffany!
SPRING 2019 35
FROM THE BENCH
SOME RANDOM CLOSING REMARKS JUDGE PAT REIS || PROVINCIAL COURT OF SASKATCHEWAN
S
ince this is my last BarNotes article as our Court’s representative to the CBA, I would like to begin by commending the CBA for the valuable work that it does. I would also like to express how much I’ve enjoyed my time working with the CBA on topics that are common to both the CBA and our Court that affect the justice system, some of which I will now reflect upon. The CBA continues its important work on reconciliation. For my part, I have been fortunate to continue this work alongside Chief Judge James Plemel, Judge Robert Lane, Judge Michelle Marquette, Judge Mary McAuley, Judge Robert Mackenzie, Judge Michelle Baldwin, Judge Natasha Crooks, Judge Michelle Brass and Judge Gerald Morin (now retired but still part of our committee), as part of our work on our Court’s Indigenous Committee. Our committee continues to reach out to the Indigenous communities that we serve (and them to us) on reconciliation and in particular, the calls to action from the Truth and Reconciliation Commission. Additionally, I am privileged to sit on the Canadian Association of Provincial Court Judges Indigenous Justice Committee, which also recognizes the importance of responding to the Truth and Reconciliation Commission of Canada’s calls to action by reducing the overrepresentation of Indigenous Peoples in the Criminal Justice and Correction Systems and ensuring that Provincial Court Judges are continually educated about the perspectives and experiences of Indigenous Peoples. Speaking of my own education and enjoyment, some of the highlights of the events that I have
36 BARNOTES
participated in include: participating in the CBA’s Mock Trials in Saskatoon for high school students; hosting underprivileged elementary school kids at our “Lunch with a Judge” program, held at the Regina Provincial Court House throughout the school year (see the photo of our booklet); celebrating National Indigenous Peoples Day in Regina last June and being reminded by an Elder of the importance of the blanket exercise (which I recommend that you take a look at); attending a sweat, feast and meeting with Elders, hosted by the First Nations University of Canada, near the St. Louis bridge on a beautiful September day last year and attending a reading from “Just Pretending” (a book of short stories about searching for identity) by Cree-Métis author Lisa Bird-Wilson and fiddle playing by Tahnis Cunningham (accompanied by her partner, Ray Bell on guitar) at Government House in Regina this February, upon the invitation of His Honour the Honourable W. Thomas Molloy, Lieutenant Governor of Saskatchewan (who in his opening remarks gave an inspirational talk about the importance of Louis Riel in Canadian history) and The Saskatchewan Library Association (which chose “Just Pretending” for this year’s One Book One Province program). This last event inspired me to read the book (it is very good) and for me to return to “Back to Batoche” this summer. In my view, the CBA takes a holistic approach to the matters it faces (as recently demonstrated by the diversity of topics and presenters at this year’s MidWinter Meeting in Saskatoon), as they affect people within the justice system. This is a helpful approach,
FROM THE BENCH
especially in our therapeutic courts, where attempts are made to address underlying problems. We presently have eight therapeutic courts within Saskatchewan which include: the Domestic Violence Court (Battleford); the Domestic Violence Court (Saskatoon); the Domestic Violence Court (Regina); the Drug Treatment Court (Regina); the Drug Treatment Court (Moose Jaw); the Mental Health Court (Saskatoon); the Mental Health Disposition Court (Regina) and the Northern Cree Circuit Court (Prince Albert), where the process is integrated with regular docket court. I am pleased to be sitting in the Drug Treatment Courts of Regina and Moose Jaw and the Mental Health Disposition Court of Regina, (which brought about my revisiting the Wanuskewin Heritage Park in Saskatoon last May). If you know someone that would benefit from participating in these Courts, consider them as an option. In closing, I wish to congratulate the CBA for another successful Mid-Winter Meeting (including the Meeting of Council) and again for their ongoing valuable work. Itâ&#x20AC;&#x2122;s been a pleasure.
SPRING 2019 37
PRO BONO SPOTLIGHT
PBLS LAUNCHES TWO NEW CLINIC PROGRAMS PIERRE E. HAWKINS || PRO BONO LAW SASKATCHEWAN
RPL FAMILY LAW CLINIC
FRENCH LANGUAGE FREE LEGAL CLINIC
Pro Bono Law Saskatchewan is pleased to announce the successful launch of the Regina Public Library Family Law Clinic. Unlike other PBLS clinics, this clinic uses a walk-in model. This allows lowincome clients with immediate family law needs to proactively seek legal advice and address their matters promptly.
Last year, PBLS was approached by the Association des juristes d’expression française de la Saskatchewan, loosely translated as the Association of FrenchSpeaking Lawyers of Saskatchewan, seeking to establish a free legal clinic providing services to French speakers in Saskatchewan. We are proud to announce the launch of this new clinic, allowing an even broader group of low-income clients to obtain free legal services in Saskatchewan.
Thanks to the efforts of a dedicated inaugural group of volunteers, this clinic has taken on a life of its own. Initially conceived to address long wait times in family law appointments at the Regina Free Legal Clinic, this new initiative now serves to address client needs in a comfortable, neutral community hub. PBLS is proud to partner with the Regina Public Library to serve the needs of the community together. A bit of advice at the early stages of a family law dispute can go a long way to establishing an orderly transition in the lives of litigants and their children. As family law practitioners well know, an amicable and orderly separation is usually in the best interests of all involved. By providing legal advice to clients on a walk-in basis, volunteer lawyers leverage short appointments into a significant and positive impact on families. PBLS strives to meet client needs where and when they arise. Low-income clients often have unique restraints in time and mobility, particularly when family breakdown is involved. Thanks to a wonderful group of volunteer lawyers, PBLS is a step closer to achieving this goal.
38 BARNOTES
This clinic is driven by the hard work and expertise of AJEFS staff and members. The French Language Free Legal Clinic, or Clinique juridique gratuite qui offer des conseils juridiques en français, would not be possible without the hard work and expertise of this enthusiastic group of staff and volunteers. The unique nature of this clinic requires the host organization to take on the majority of the work associated with the clinic, and AJEFS has shown itself to be more than up to the task. Saskatchewan’s francophone community comprises a wide swath of people, including newcomers, descendants of homesteader families, Métis people, and a host of others. PBLS is proud to partner with AJEFS and its Centre Info-Justice to serve such a dynamic and important community.
CALENDAR OF EVENTS Jun 13
Branch Annual Meeting 4:15PM
Regina
(Community Service Award Reception to follow)
Jun 13
President’s Dinner
Regina
Jun 30
Deadline to update Legal Directory Information
info@cbasask.org
Aug 7
Online Legal Directory Orders Open
www.cbasask.org
Aug 21
Section Registration Opens
cbasask.org/sections
Aug 31
Annual Membership Expires – Renew Online
cbasask.org/membership
Sep 1
Deadline for Legal Directory Orders
www.cbasask.org
CBA Saskatchewan Branch Section year begins September 2019 and continues until June 2020. Register FREE for Sections at cbasask.org. Also visit cbapd.org and learn about great webinars, conferences and documents relevant to your areas of practice and interest which you can access as part of your CBA membership.
MOVED OFFICES OR CHANGED JOBS?
LET US KNOW! We do our best to keep our Legal Directory up to date. If you’ve moved offices or changed jobs, let us know! Send to: info@ cbasask.org. Deadline: June 30, 2019
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SPRING 2019 39
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40 BARNOTES