The
Canadian
Spring 2014
Bar
A s s o c i at i o n
•
S a s k a tc h e w a n
Branch
BarNotes VOL. xxViii NO. 3
IN THIS ISSUE... Branch News....................... 4 President’s Message Branch News....................... 6 2014 Mid-Winter Meeting Branch News....................... 9 2014 Distinguished Service Award Commentary...................... 10 Occupational Health & Safety Update Commentary...................... 12 We Should Talk Commentary...................... 14 Labour & Employment
BarNotes Editor
Kaylea Dunn McKercher LLP BarNotes Editorial Board
Azure-Dee Farago
Heather Sherdahl
Danielle Graff
Ashley Smith
Brenda Hesje
Kayla Stuckart
Brad Mitchell
Anita Wandzura
Canadian Bar Association Saskatchewan Branch 306, 105-21st Street East Saskatoon , SK S7K 0B3 BarNotes is a quarterly publication of CBA Saskatchewan, provided to its members. 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 then 1,100 members and is dedicated to improving access to justice, reviewing legislation and advancing the administration of justice.
Commentary...................... 18 Professional & Personal Responsibility
National News.................. 25 Highlights from the
Pro Bono Spotlight.......... 19 The Need for a New Needy Person Certificate in Sask.
Postcard from a Lawyer...... 24 A Pivotal Moment: SE Asia and A Lawyer’s Life Lessons
Pro Bono Spotlight........... 20 2014 Gown to Gown Gala
Judicial Appointments........ 28
Association
Calendar of Events........... 29
College of Law.................. 21 The Small Urban and Rural Initiative National News.................. 24 New CBA Business Partner
Front Cover Acknowledgements 2014 Spring Collage 5. Pelicans on Rafferty Reservoir
1. Beaver, Souris River Valley
by David Hickie
by David Hickie
6. Clouds over Lake
2. Annabell Hydrangea
by Jeremy Ellergodt
by Brenda Hesje
7. Purple Asters
3. Yellow Lilies
by Lorraine Coulman
by Brenda Hesje 4. Baby Birds in Nest by Barry Rossmann, QC
The BarNotes Editorial Board invites member submissions of Saskatchewan pictures for future cover collages. Please include a brief note or title for your picture and send all submissions to Brenda Hesje, Executive Director, (brendah@cba.org).
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BarNotes l Spring 2014
EDITOR’S NOTES Happy? Kaylea Dunn McKercher LLP Because I’m happy Clap along if you feel like a room without a roof Because I’m happy Clap along if you feel like happiness is the truth Because I’m happy Clap along if you know what happiness is to you Because I’m happy Clap along if you feel like that’s what you wanna do
- Pharrell Williams, Happy.
You may not have noticed, but it would appear that happiness is in style. It is truly everywhere these days. Social media and national news agencies are abuzz about the “Can you be happy for 100 days?” challenge1 which, in a nutshell, invites us to submit a picture of something that makes us feel happy, each day, for 100 continuous days. If you reach the finish line, the website promises a reward: “a little 100 page book with your 100 happy days.” Experts generally take the fun out of things, and indeed, some psychologists are warning those thinking of embarking on the challenge that trying too hard to search out every source of one’s happiness can actually make one sad. The CBC recently quoted2 Dr. Ulrich Schimmack, a psychology professor at the University of Toronto, who researches the scientific understanding of happiness.3 He has commented that: “Eleanor Roosevelt said happiness is not a goal, it’s a byproduct. … Quite a few people have noted that actively pursuing happiness might actually be counterproductive.” It is likely best not to overthink this happiness thing, but putting our minds to it has some merit. The United Nations agrees. In 2012, the UN General Assembly adopted a resolution to invite all Member States “to pursue the elaboration of additional measures that better capture the importance of the pursuit of happiness and well-being.” The goal was to formally recognize the need for “a more inclusive, equitable and balanced approach to economic growth that promotes sustainable development, poverty eradication, happiness and the well-being of all peoples.” A special day was proclaimed, and on March 20, 2014 the second annual “International Day of Happiness” was celebrated around the world. For those readers who have now embraced the hashtag, search #happinessday, and thank the “Action for Happiness”4 movement for any fun that ensues. Perhaps the most ubiquitous sign of our happy times is the pop tune quoted at the top of these Editor’s Notes. Just try not to sing or clap (or at least tap your foot) along to the chorus of “Happy.” At <http://24hoursofhappiness.com/> you can watch people from all over the world dancing to the 1 Online at: <http://100happydays.com/>. 2 Online at: <http://www.cbc.ca/news/health/happiness-challenge-may-lead-to-sadnesspsychologists-warn-1.2587675>. 3 Online at: <http://www.psych.utoronto.ca/users/spa/faculty/schimmack.php>. 4 Online at: <http://www.actionforhappiness.org/>.
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song. Prolonged listening to this song may addle your brain slightly; however, if you turn the volume down, and read through the website, you will see that Pharrell Williams has partnered with the United Nations Foundation, and the site has a portal for donations to the UN Central Emergency Response Fund for critical aid efforts around the world. The happiness trend ties in to both a current CBA project and to this spring issue of BarNotes. About the UN Resolution, Ban Ki-moon has said: “Happiness may have different meanings for different people, but we can all agree that it means working to end conflict, poverty and other unfortunate conditions in which so many of our fellow human beings live.” Conflict. Poverty. Unfortunate conditions. Many Saskatchewan lawyers assist clients with these struggles, either by volunteering with Pro Bono Law Saskatchewan or CLASSIC, or by taking on their own pro bono files, or through community volunteer work. The CBA’s Access to Justice initiative is an attempt to encourage our profession towards these ends. Branch President, Kylie Head, QC, speaks to this project in her Spring President’s Message, so turn the page to read about it! Also in the pages of this issue is a piece from Associate Professor Marilyn Poitras, who teaches a “Law and Happiness” course at the College of Law. For those who could not attend her presentation at the recent CBA Saskatchewan Mid-Winter Meeting, Professor Poitras is mindful, as we all should be, of the personal and family struggles lawyers often face; of the toll that professional stress can take; and of the rate at which certain practitioners pursue other careers, because they are unhappy. I am pleased to see that the College of Law offers a course which can provide students with some tools to cope with the stresses they will invariably face after graduation. And finally, Adrienne Perrot’s Postcard from a Lawyer is a must read. In it, she shares her recent remarkable travels to South East Asia, but also her (even more) remarkable exploration of what “success” means to her, and whether her previous notions of success actually equated to her personal happiness. I thank her for her candor (and can personally vouch for the fact that she does have great hair). Years ago, when I was uncertain of what I might do with my Arts degree (and was drifting just a little bit) I went home to visit my parents, and ran into the local United Church Minister – a very lovely, calming woman. She told me not to worry too much, and to take some time to “discern my path in the world.” To a degree, when it comes to seeking happiness, I think we all have to pause and discern our path from time to time. And we should consider not just what makes us happy, but how we can spread the “H” word around a little bit. Best of luck with it!
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BRANCH NEWS President’s Message Kylie Head, QC Ministry of Justice Working on behalf of the CBA members has kept us very busy during this cold winter!
Access to Justice Improving access to justice is one of the CBA’s primary mandates. There have been a few significant reports issued on access to justice recently, including the CBA’s “Reaching Equal Justice: An Invitation to Envision and Act” and reports by the National Action Committee on Access to Justice in Civil and Family Matters and The Law Society of Upper Canada. As a member of the CBA national board of directors, I have been involved in these discussions and we are actively working together to implement recommendations from the various reports. This is a critical point in the history of access to justice in Canada and no one wants to see these reports just gathering dust on a shelf. I have also had the benefit of visiting other CBA Branches to learn about their work. In January, I attended both the Manitoba and the Alberta Mid-Winter and Council meetings. Our Saskatchewan Benchers approved changes to the Code of Professional Conduct to include limited scope retainers at their meeting in February. Limited scope retainers can increase the market for lawyers because currently unrepresented individuals may choose to purchase limited legal services. In January, CBA Alberta produced a detailed report on limited scope retainers which discusses the ethical and practical issues, how to limit the risks, best practice tips and perspectives from the bench. This useful resource is available on the CBA Alberta website (see “More Information...”, page 5). In Manitoba, lawyers are implementing an innovative access to justice initiative; the Manitoba Law Society’s Family Law Access Centre offers lower hourly family law fees and acts as a loan agency, allowing clients to borrow money from the Law Society which is repaid over a longer period of time. Lawyers who participate in the program agree to be paid less per hour, but in return they know that their bills will be paid on time by the Law Society. The program applies to people who are quite substantially above the Legal Aid cutoff, but still a fairly low income family - a sliding scale, with a limit of $54,000 for a family of four. The program was established in April 2010 and in that time there are only two files that have gone to collections. You can find more details on their website (see “More Information...”, page 5). In March, I participated in the second meeting of the Dean’s
Forum on Dispute Resolution at the College of Law. This Forum brings together many participants working inside the justice system from various vantage points – the Courts, Saskatchewan Justice, the College, Legal Aid, the Law Society, and Collaborative Lawyers of Saskatchewan, among others – to discuss the future of dispute resolution and access to justice. It is important that Saskatchewan’s legal community develops a permanent mechanism to have access to justice deliberations. We need to work together with a comprehensive view of the justice system for meaningful progress to be made.
Future of the Legal Profession The collapse of Heenan Blaikie LLP has garnered much speculation in the national media about the future of the legal profession and whether others could share its fate. On February 20th, the CBA Legal Futures Initiative released its interim report which identifies key themes emerging from consultations with the legal profession and its stakeholders. More than 300 institutions and organizations were invited to make comments. You can view the interim report online. The final report, which will be released in August, will provide approaches and tools to help Canadian lawyers remain relevant in their community, ready to deliver the services that clients want and need in a modern legal marketplace. The highly successful CBA Twitter Chats will be continuing throughout March and April. I encourage those who are on Twitter to respond to the questions and engage with each other. The FuturesChats have been accessible to thousands of people and have helped raise the profile of this important work in the public eye. Those of us on Twitter can continue to participate in the discussion at #cbafutures.
Provincial Council Meetings During my year as President I have been actively attempting to increase both attendance at Council and the time devoted to substantive discussion at Council meetings. I am pleased to report that the average attendance at our Council meetings has increased by 22% compared to last year’s average attendance. Our November Council meeting featured CBA 2nd VicePresident Candidates’ Addresses from René Basque, QC, and Dan MacRury, QC, as well as a Saskatchewan Human Rights Commission Update from the Chief Commissioner, Judge David Arnot. The highlight of our February Council meeting was a panel discussion on rural initiatives and the future of access to justice
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BarNotes l Spring 2014
BRANCH NEWS in rural and small urban centers. CBA National President, Fred Headon, and CBA Alberta President, Marian De Souza, QC, participated on the panel along with Saskatchewan lawyers. Future Council meetings will focus on discussion topics such as public relations/professional image and access to justice. We welcome suggestions for future meetings from all of our Council members as to what specific topics you would like to see discussed.
Bylaw Review The Executive Committee is currently reviewing the Branch Bylaws to ensure that they continue to meet the needs of the organization. We are debating whether Council meetings should continue to be held four times per year or whether we should meet two or three times per year like some other provincial Branches. We are also considering the composition of both Council and the Executive Committee and whether some changes may be warranted. Any members with suggestions or concerns on either the Bylaws or general governance issues are welcome to contact me directly.
Assisting Students at the College of Law Students are the future of the profession and the CBA values its connection with the student population. I was pleased to participate in the 10th annual CBA Law Firm Showcase at the College of Law in November. The Showcase emphasizes the variety of legal careers available in our province and encourages students to stay and practice in Saskatchewan. I was pleased to see participating law firms from locations such as Melfort, Swift Current, Weyburn, North Battleford and Humboldt. I also spoke at a new first year student orientation session attended by approximately 100 students. CBA Saskatchewan’s Mock Interviews were held at the College
Mid-Winter Meeting Our Mid-Winter Meeting was a smashing success, with over 250 lawyers registered for the event and 5 streams of educational sessions provided. Those who attended could earn 12 PD credits over the two days and enough ethics credits to fulfill their three year requirement. I was honoured to present Graeme Mitchell, QC, with the 2014 Distinguished Service Award. Special thanks to Jordan Hardy, 2014 Mid-Winter Meeting Chair, and to all the committee members for their hard work.
Law Day Another goal that I set for this year was to expand Law Day activities in the province. The Law Day Planning Committee has grown from eight members, all located in Saskatoon, to 15 members, including representation from Regina and Biggar. Ian Hanomansing will be our 2014 Law Day Luncheon keynote speaker. Please visit www.cbasask.org for a detailed overview of all the Law Day activities planned for this year and mark your calendar to attend!
Get Involved We are actively seeking volunteers for various positions throughout the Branch. We welcome new volunteers! If you are interested in becoming more involved with the CBA, I encourage you to visit our “Get Involved” page online at http://bit.ly/SaskVol. Your Executive Committee is here to serve you. Please feel free to contact me with any questions, ideas or concerns at any time.
Contact Kylie: 306.787.5224 // kylie.head@gov.sk.ca
Bar Judicial Council Members are invited to contact Michelle Ouellette, QC, or Jennifer Pereira regarding issues of concern that could be raised at future Court of Queen’s Bench Bar Judicial Council Meetings. Members are also invited to contact Michelle Ouellette, QC, or Tiffany Paulsen, QC, regarding issues of concern that could be raised at future Court of Appeal Bar Judicial Council Meetings. Michelle Phone: 306.664.1344 Email: m.ouellette@mckercher.ca
More Information... CBA’s “Reaching Equal Justice: An Invitation to Envision & Act” Report: http://bit.ly/EqJust CBA Alberta’s “Limited Scope Retainer” Report: http://bit.ly/2014abLSR Manitoba’s Access to Family Law Program: http://bit.ly/MBa2fl
Jennifer Phone: 306.933.1320 Email: j.pereira@rslaw.com Tiffany Phone: 306.933.1317 Email: t.paulsen@rslaw.com
BarNotes l Spring 2014
of Law on January 22nd. There were 45 students registered, with nine lawyers volunteering for the annual event. On March 8th, CBA Saskatchewan also participated in the College of Law Career Forum. On March 19th, I spoke on a panel at the College of Law, addressing the topic of “Candid Conversations: Succeeding in the Practice of Law”.
CBA Legal Futures Initiative Interim Report: http://bit.ly/cba0221
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BRANCH NEWS 2014 Mid-Winter Meeting: In Review Jordan Hardy MacPherson Leslie & Tyerman LLP This year’s Mid-Winter Meeting, February 6-7, 2014 in Regina, was a huge success with over 250 attendees! The presentations were varied, engaging and instructive, and the opportunity to socialize with colleagues from across the province was enjoyable.
Keynote Speakers
all of their work throughout the last year in coordinating the MidWinter Meeting. Be sure to mark your calendars and save the date for our 2015 Mid-Winter Meeting!
2014 Sponsors & Exhibitors CBA Saskatchewan would like to acknowledge the sponsors and exhibitors who made this event possible!
The Meeting kicked off Thursday morning with keynote speaker, John Pozios from the University of Manitoba, speaking on “The Hollinger Saga: Lessons Learned”. On Friday morning, we learned what has been keeping Justice Minister Gordon Wyant, QC, and College of Law Dean Sanjeev Anand, QC, busy this past year through their respective updates, and heard a thought-provoking presentation on “Law & Happiness” by Professor Marilyn Poitras, from the University of Saskatchewan’s College of Law.
Program at a Glance The Meeting’s five educational streams were well-rounded, thanks to the hard work and planning from our CLE Sub-Committee. Feedback from our Mid-Winter Meeting Survey indicated that many of the session’s topics (and speakers) were unique and enlightening, and countless attendees appreciated the opportunity to earn Ethics hours. After a full day of learning, Meeting attendees and guests enjoyed our annual Thursday night Social Event, this year at BeerBros Gastropub, with a themed “Minute to Win it” concept. Everyone enjoyed delicious appetizers, drinks and participated in the fun of “Minute to Win it” games.
AJEFS; Ashmeade & Low Investigations Ltd.; Brunsdon Junor Johnson Appraisals; CBIA/CBAF, Murray Alberts; College of Law, University of Saskatchewan; DirectWest; Do Process Software; econveyance; First Data Canada; Grundig Business Systems; Information Services Corp.; LawyerDoneDeal; The Law Society of Saskatchewan; Ministry of Justice; PBLS; PLEA; Potash Corporation of Saskatchewan; Queen’s Printer; Radisson Plaza Hotel Saskatchewan; The Regina Bar Association; SaskTel; SGI; Stewart Title Guaranty Company; Thomson Jaspar & Associates; TitlePLUS; Virtus Group, Chartered Accountants & Business Advisors; VoicePro Technologies; and West Wind Express Air. Jordan Hardy served as the 2014 Mid-Winter Meeting Chair. CBA Saskatchewan thanks him for his leadership of this event.
Special Thanks I would also like to take a moment to acknowledge the generous support of our sponsors and exhibitors. As always, the success of our Mid-Winter Meeting would not have been possible without them. In closing, I would like to thank the Planning Committee - Jana Linner, Neil Robertson, QC, Jerome Tholl, Angela Eiffert, Angela Ottenbreit, Lora Bansley, Nicholas Cann and Will Egan - for
Save the Date! 2015 Mid-Winter Meeting • Feb. 5-6th Delta Bessborough Hotel, Saskatoon
Image Source: © Scott Prokop Photography
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BRANCH NEWS
(L-R) CBA Saskatchewan President Kylie Head, QC; The Honourable Minister of Justice Gordon Wyant, QC; Award Recipient Graeme Mitchell, QC and his family; and CBA President Fred Headon
College of Law Dean Sanjeev Anand, QC, and Chris Donald from Robertson Stromberg LLP
CBA Saskatchewan President Kylie Head, QC and CBA Alberta President Marian Desouza, QC The Honourable Minister of Justice Gordon Wyant, QC, and Michelle Ouellette, QC, from McKercher LLP
Welcome to first time exhibitor, econveyance!
View more of our Mid-Winter Meeting pictures on our Facebook page. Visit www.facebook.com/CBAsask.
BarNotes l Spring 2014
CBA Saskatchewan President Kylie Head, QC, and CBA President Fred Headon at our February Council Meeting Page 7
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BRANCH NEWS
2014 Distinguished Service Award: Graeme Mitchell, QC Graeme Mitchell, QC, Director of the Constitutional Law Branch with the Saskatchewan Ministry of Justice, was CBA Saskatchewan’s 2014 Distinguished Service Award recipient. Over the years, Graeme has earned a national reputation as one of the leading public lawyers in the country. Regarded by many as one of the outstanding constitutional lawyers in Canada, he has appeared before the Supreme Court of Canada more times than any other counsel practicing law in Saskatchewan - over 40 cases that were addressed from 1985 to 2013.
Saskatchewan member. Awarded individuals have impacted the legal profession in Saskatchewan; jurisprudence in Saskatchewan or Canada; the law or development of law in Saskatchewan; or law-related achievements for the benefit of residents of Saskatchewan. Congratulations Graeme, on this outstanding achievement.
Showcasing exceptional commitment to continuing legal education within his field, Graeme has provided an annual talk to CBA Saskatchewan’s Criminal Law Section since 1989, summarizing important criminal cases with constitutional issues; a true testament to his expertise in this area, being highlighted at both a provincial and national level. Graeme was presented with the award during the Branch’s 2014 Mid-Winter Meeting on February 7th. His long-time friend Tom Irvine introduced Graeme to a crowd of more than 215 attendees with stories of working together at the Supreme Court of Canada. The Distinguished Service Award was created to recognize the outstanding contributions and achievements of a CBA
Tom Irvine and Graeme Mitchell, QC, after our 2014 Distinguished Service Award Luncheon
CAll for Nominations: 2014 Community Service AWard The Community Service Award recognizes the valuable contributions CBA SK members have made to the communities in our Province, by demonstrating outstanding dedication, service and commitment to the community. Eligibility • Must be a CBA SK member with 10 years call to the bar; • Current Executive Committee members are not eligible; • Except under extraordinary circumstances, former members of the Branch Executive are not eligible for this award for a period of 3 years from the date that their respective service on the Executive ended; • Must be a resident of Saskatchewan; • Nominees must be able to attend the Award Event; and • Must have made exceptional contributions and/or achievements using volunteer skills for the betterment of the community or a non-profit organization. Nomination Procedure The nomination must include the following: • A Nomination Form including full details as to why the individual should receive the Award; • The signature of 3 CBA members; • Full name, business and home address, telephone,
BarNotes l Spring 2014
and e-mail information of both the nominee and the 3 nominators; • Written confirmation from the nominee agreeing to have his/her name put forward for the Award; • A concise curriculum vitae of the nominee; and • Letters of support, if possible. Deadline for Nominations Nominations must be received by May 15th, 2014. Completed nominations must be submitted to Brenda Hesje, Executive Director, CBA Saskatchewan. Selection Process • Selection made by CBA SK Awards Committee; • Nominations are valid for two years; and • The number of Awards to be presented annually will not exceed one. Award The recipient will receive a recognition certificate; an announcement will appear in the local papers and a tribute will be published in BarNotes. Nomination Forms Forms are are available at http://bit.ly/2014CSAform
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COMMENTARY Occupational Health & Safety Update Terry Jordan SaskEnergy Editor’s Note: This article first appeared in Winter 2013 BarNotes, but we missed including the author’s detailed footnotes and endnotes. An error also arose during layout, in relation to the deadline for progress reports, which is set out in the text leading to endnote #6. We apologize to the author and to readers for any inconvenience caused.
On November 7, 2012, changes to The Occupational Health and Safety Act, 1993 (the “Act”), as outlined in Bill 23, came into effect.1 Amendments to The Occupational Health and Safety Regulations, 1996 (the “Regulations” or “OHS Regulations”) and The Summary Offence Procedure Regulations, 1991 (the “Summary Offence Procedure Regulations”) supplemented the Bill.2 A second Bill, Bill 85, was passed on May 13, 2013. 3 It is not yet proclaimed. Bill 85 effectively consolidates occupational health, employment standards and labour relations legislation within a new Act, The Saskatchewan Employment Act. Both enactments make significant changes to the law. Here are a few selected changes of general application: 1.
The powers of occupational health officers and peace officers. a. Changes to the Summary Offence Procedure Regulations authorize peace officers to issue summary offence tickets for non-compliance with specific provisions of the OHS Regulations.4 Summary offense ticketing by two designated occupational health officers will come into effect July 1, 2014. b. Section 72 now grants occupational health officers the power to compel an interview in defined circumstances.*1 Absent consent of the officer, the person interviewed is entitled to the presence of one person of their choice.5 c. Section 30 now grants occupational health officers the power to take a “compliance undertaking”, a signed commitment from the client, in many instances were a notice of contravention would formerly be issued. A progress report is required in either event, within 5 business days from the end of the period specified in the document.6 d. Under Bill 85, an occupational health officer’s inspection,
*1 The officer must have “reasonable cause to believe” that the person has information with respect to a work related fatality, serious injury or allegation of harassment.
inquiry, and investigation powers are no longer found in a single paragraph (Section 72), and those requirements are further reworked. The revisions will change the test for right of entry, and warrants, for example.7 2.
The role of workplace participants.
a. The previous definition of “contractor” required that a person “direct” the work of the employer or self-employed person; now the test is met if a person “directs” or “retains” an employer.8 A “contractor” is someone who hires or directs another employer or self-employed person, not the employer hired.*2 An owner under the Act may very easily be a contractor as well. Be aware of Section 5(6) of the Regulations “where the person with the greatest degree of control fails to comply”, and of the so called “homeowner exception” in Section 2(2.1) of the Act. b. Employers also have a new general obligation to ensure, insofar as is reasonably practicable, that the activities of the employer’s workers do not negatively affect others at the place of employment. There are new requirements with respect to training and supervision of workers, occupational health committees and representatives,*3 and provision of information to medical staff.9 c. A worker is now defined as someone “engaged in the service of” an employer or “a prescribed person” rather than someone “engaged in an occupation in the service of an employer”. Inmates are expressly excluded from the new definition.10 d. Bill 23 creates statutory “supervisor” obligations, in addition to those previously found in the OHS Regulations. This includes obligations related to worker compliance with the Act or Regulations, and harassment prevention.11 e. If a supplier has a duty to maintain equipment under a leasing agreement, it now has a duty to maintain that equipment in accordance with the Regulations. It may also have obligations with respect to the provision of *2 A quick read through the Act and Regulations will give an idea of the significance of the change, and your client (now a “contractor”) may have obligations it would not expect. Be aware of joint contractor and employer obligations to ensure that work is “sufficiently and competently supervised”, to obtain utility line locates, or to provide certain information to workers, amongst many others. *3 This includes obligations to consult with the committee and representatives and to attempt to resolve concerns in a “timely manner”, to have minutes of meetings with occupational health representatives taken, to ensure that the role of the committee is not diminished by other committees in the workplace, and to make certain information “readily available” to committees and representatives or at the workplace.
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COMMENTARY written instructions or to provide a notice if the equipment supplied does not comply with the Regulations.12 3.
4.
Bill 23 creates a right of appeal to the Court of Appeal from the Court of Queen’s Bench. Bill 23 also addresses the details of service of documents, standing to appeal, the record of appeal, time periods for appeals, and other helpful clarifications, in circumstances were a careful review of the case law was formerly required. A mechanism for substitutional service is added.13 Bill 85 reintroduces the “prime contractor” designation for multi-employer worksites, originally introduced in Bill 23 and not proclaimed. The details will be addressed in the regulations, but may include such obligations as ensuring that all activities that may affect health and safety are coordinated, ensuring, insofar as reasonably practicable, that employers and self-employed persons at the worksite have adequate policies and procedures, and preparing a written safety plan. The requirement may be limited to specific industries. Where no prime contractor is designated by contract, the owner is likely the prime contractor.14
as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something”. Under Section 62.1, the onus is now on the employer to prove that a worker was trained in accordance with the Act. Endnotes 1 The Occupational Health and Safety Amendment Act, S.S. 2012, c. 25, amending S.S. 1993, c O-1.1. 2 R.R.S. c. O-1.1, Reg. 1, as amended by Sask. Reg. 79/12; R.R.S. c. S-63.1, Reg. 2, as amended by Sask. Reg. 75/12. 3 BILL No. 85 of 2012. An Act respecting Employment Standards, Occupational Health and Safety, Labour Relations and Related Matters and making consequential amendments to certain Acts. 4 The Summary Offences Procedure Regulations, 1991, tables 49 and 50. 5 Section 72(1)(i) and 72(1.1) of the Act. 6 Sections 30, 34 and 35 of the Act. 7 See Section 3-63, 3-67 and 3-68 of Bill 85. 8 Section 2(1)(d) of the Act. 9 See Sections 3(b), 3(c), 3(f), 3(g), 3(h), 9, 11, 15(4), and 62.1 of the Act. 10 Section 2(1)(ff) of the Act. 11 Section 3.1 of the Act. 12 Section 8(c) of the Act. For new supplier obligations, see also Section 9. 13 See Sections 2(1)(a.2), 49, 50, and 56 to 56.4. 14 Section 3-13 of Bill 85. See also Section 6.1 of Bill 23 (not proclaimed). 15 Sections 4-1, 4-3 and 4-8 of Bill 85. Adjudicators are selected from those appointed by the Lieutenant Governor in Council. 16 Section 3-79 of Bill 85. 17 See Section 14 of the Act (violence prevention plan), and section 37 and 37.1 of the Regulations. 18 Section 15(4) of the Act. 19 Sections 73, 13 and 15.1 of the Act.
5.
Under Bill 85, the Saskatchewan Labour Relations Board is incorporated into the administrative appeal process, for occupational health matters, effectively supplanting the Court of Queen’s Bench. The Labour Relations Board also selects the adjudicator, and sets the time and date of the hearing or appeal.15
6.
Bill 85 will provide new guidance on how fines are to be arrived at. The maximum fines will at least double. The maximum fine for a corporation increases from $300,000 to $1,500,000, plus victim surcharges.16
There are also provisions of more specific application. For example, if your client operates a retail business between 11 p.m. and 6 a.m., the new requirements with respect to late night retail will be important.17 In a unionized workplace, employers must now comply with union bylaws (as well as the union constitution) in appointing occupational health representatives.18 Workplaces may be required to keep specific illness and injury statistics in the future, where prescribed, and the Occupational Health and Safety Division now has discretion to require occupational health committees or programs in specific circumstances where they would not be otherwise required by the Act.19*4 Finally, the only thing better than a clarified reverse onus clause, is a new reverse onus clause, and as a result of Bill 23 you can now find both. Section 62 of the Act addresses circumstances where there is “a duty or requirement to do something so far *4 For other “new” powers of the Division, see Section 73.1 (“report re condition of plant”) and 73.2 (“requirement to perform test or examinations”). Similarly, Section 72(1)(f.1) of the Act now grants officers the power to require production of training records.
BarNotes l Spring 2014
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COMMENTARY We Should Talk Professor Beth Bilson, QC College of Law, University of Saskatchewan There can be no doubt that it is an exciting – if somewhat unsettling – time to be a member of the legal profession. Questions about access to justice, about the future of professional self-regulation, about possible new forms of legal practice, about what lawyers now do and what they will continue to do, all swirl about us, and have provoked extensive discussion. The winds of change have been sweeping through legal education as well. The proliferation of areas of legal specialty, the attempt to define a nationwide core common law curriculum, and the pressure to create more extensive experiential learning opportunities are some of the factors that have influenced the recent evolution of programs in Canadian law schools. In addition, for the first time in over four decades, new law schools have been or are being established, and the proponents of these new schools have articulated distinct perspectives and objectives to differentiate themselves from the older institutions.
In December of 2007, the Law Society of Saskatchewan amended its Rule 150(g) to delegate to the Federation of Law Societies of Canada the authority to approve Canadian common law degree programs that would meet the requirements for admission as a student-at-law in the province. This was part of a general set of developments favouring greater mobility and the establishment of national standards for the legal profession. In late 2013, the FLSC considered a proposal to establish a JD program at Trinity Western University, a private university in Langley, British Columbia. Like other students at TWU, law students would be required to sign a Community Covenant Agreement, which embodies the university’s commitment to the authority of Christian scripture and the values of evangelical Christianity. Among other things, the covenant commits students to abstain from “sexual intimacy that violates the sacredness of marriage between a man and a woman.”
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COMMENTARY The FLSC Canadian Common Law Approval Committee granted “preliminary approval” to the TWU law program, holding that the Federation’s mandate was limited to considering whether the program satisfied the requirements of the national curriculum, and did not extend to commenting on the covenant agreement. The British Columbia government based its own approval of the TWU law school in part on the report issued by the FLSC committee. The decision of the FLSC to approve the TWU program has been highly controversial. Law faculty members and student organizations have argued that a law program founded on the values stated in the TWU covenant will be inherently discriminatory, and unable to develop in its students the commitment to equality as a constitutional value that the practice of law in Canada now requires. These critics are particularly concerned about the potential discrimination against students on the basis of sexual orientation. They argue that the education of lawyers has implications for the public interest that differentiates this law schools from other educational institutions. OUTlaws, an organization representing LGBTQ students and their allies in many Canadian law schools, captured this sentiment in a recent letter to law deans and others:
As future lawyers, we are committed to equality and promoting the values of the Charter within our practices. Our experiences have taught us that such professional standards can only be fostered in a learning environment that enshrines these values in policy and practices. Others have argued that the core values of Canada’s pluralistic society include the recognition of the right of religious communities to provide for the education of their children and young people according to the tenets of their faith, and that the accommodation of religious difference is as much a hallmark of the Canadian legal order as a concern for equality. In Saskatchewan, the Law Society recently considered a motion that would have the effect of revoking the delegation to the FLSC of the authority to approve common law programs as the basis for admission to the practice of law. The objective of this motion was to stimulate discussion of those issues concerning discrimination, the essentiality of an understanding of equality in the current practice of law in Canada, and the public interest, that were declared by the Federation to be outside its jurisdiction. This motion was narrowly defeated at the Convocation of the Benchers in February of this year. One can only hope that this decision does not signify that there is BarNotes l Spring 2014
to be no discussion in Saskatchewan of the broader issues raised by the TWU proposal. Though it seems almost inevitable that actors in this drama will resort to the courts for resolution of some of the issues, this cannot replace a discussion of the implications of an explicit institutional commitment of the kind TWU has made and requires its students to make. Another TWU program, in teacher education, was the subject of a decision in the Supreme Court some years ago, and it has been argued that the decision at that time effectively forecloses further legal challenges. There has been a lot of water under the bridge since 2001, however, and the province in which a Saskatchewan Party government raises the Pride Week flag over the legislature and same-sex marriages are an entrenched part of the social fabric is a different place than it was at the time of the proclamation of a Charter of Rights and Freedoms apparently oblivious to discrimination on the basis of sexual orientation. The FLSC chose to ground approval in the requirements of the national common law curriculum, and thus declined to participate in a debate likely to be heated, painful and divisive for the legal profession. The decision of the Law Society of Saskatchewan suggests that the provincial regulator has also elected (though by a narrow margin) to forego a full discussion of whether the approval of a TWU law school, covenant and all, represents a threat to core values of the legal profession in Canada. The FLSC has now intimated that it will be considering whether issues of discrimination should be a dimension of its assessment of proposals for new law schools. It will still be disappointing, however, if the profession in this province does not engage in a fuller discussion of what we expect from legal education. When we send Canadian lawyers and judges out into the world to promote the rule of law in other countries, surely it entails more than the advice that the rule of law will be established if those countries ensure that members of their professional bodies have the required number of credit units in Business Organizations or Wills and Estates. Difficult though the issues surrounding the TWU law school may be, there are some discussions worth having.
Bar Judicial Council Members are invited to contact George Green or Bonnie Missens regarding issues of concern that could be raised at future Provincial Court Bar Judicial Council Meetings. George Green Phone: 306.664.1283 Email: g.green@mckercher.ca Bonnie Missens Phone: 306.477.7539 Email: bonnie.missens@siga.sk.ca
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COMMENTARY Labour & Employment Amy Gibson* College of Law, University of Saskatchewan A number of notable changes and advancements have been made in the area of labour and employment law over the last few years. From the upcoming Supreme Court hearing of Saskatchewan Federation of Labour v. Saskatchewan, to the much awaited introduction of new labour legislation, there is something for all Saskatchewan labour and employment enthusiasts to pay attention to. In late 2012, the Saskatchewan provincial government completed their overhaul on many of the province’s numerous employment statutes. The result was the Saskatchewan Employment Act1, consolidating 12 provincial labour and employment related Acts. The Act is still awaiting proclamation and the Regulations have not yet been released. While the changes were not as drastic as had been suggested by the Consultation Paper2, there are still some important additions that will impact employment and labour relations in Saskatchewan when the Act comes into force. I will briefly touch on a few of the more significant changes. From an employment law perspective, employees are now required to provide 2 weeks’ notice to their employers before leaving their job.3 While this was often a common practice in many workplaces, it has now become a legislated requirement. With regards to employee leave provisions, organ donation (26 weeks), critically ill child leave (37 weeks); crime related child death (104 weeks); crime related child disappearance (52 weeks); and leave to attend citizenship ceremony (1 day) have been added to the legislation.4 The qualifying period for maternity, paternity and adoption leave has been lowered from 20 weeks to 13 weeks. The legislative provisions for dealing with minimum wage have also received a face-left. The minimum wage in the province will now be indexed; however, the formula and policy have yet to be released. 5 The archaic provision allowing the Director of Employment Standards to approve a lower minimum wage for persons with a disability was also removed. Part V of the Act covers the labour relations provisions of the legislation. Much needed clarification has been provided for many of the key definitions in the Act. For example, the definition of “employee” has been refined to ensure that employees whose primary duties are confidential in nature and that have a direct 1 Bill 85, An Act respecting Employment Standards, Occupational Health and Safety, Labour Relations and Related Matters and making consequential amendments to certain Acts, 2nd Sess, 27th Leg, Saskatchewan, 2012(third reading 13 May 2013) [the Act]. 2 Saskatchewan, Ministry of Labour Relations and Workplace Safety, A Consultation Paper on the Renewal of Labour Legislation in Saskatchewan (2 May 2012) <http://www.lrws.gov.sk.ca/ consultation-paper-renewal-labour-legislation>. 3 Supra note 1 at s. 2-60. 4 Ibid at ss. 2-52, 2-57, 2-58, & 2-56. 5 See Ibid at s. 2-16 and The Canadian Press, “Changes coming to minimum wage in Sask,” Global Saskatoon (12 July 2013), online Global Saskatoon <http://globalnews.ca/news/713707/ changes-coming-to-minimum-wage-in-sask/>.
impact on the bargaining unit in the workplace cannot belong to a union.6 This will better assist employers and unions in avoiding conflicts of interest. In addition, a definition for “supervisor” has been added to the Act, creating further implications for which employees may or may not form part of the bargaining unit. An individual whose primary duties are supervisory in nature cannot belong to the same bargaining unit as those they supervise.7 This does not include individuals who supervise on a temporary basis or those employees whose supervisory duties are ancillary to their other duties. It is still open for supervisors to form their own bargaining units in the workplace.8 The employer and union can agree to maintain supervisors in the same union as those they supervise through a onetime election.9 Due to its permanent nature, it is unlikely that this option will be exercised very often. As the introduction of the “supervisor” provisions in the legislation is a rather significant change, the application of this provision will be restricted for two years to allow the parties to properly prepare.10 The Act also introduces changes that are anticipated to encourage more meaningful and productive collective bargaining and hopefully limit the potential for strikes and lockouts. There are a number of types of assistance available to parties engaged in collective bargaining. These include assistance through the appointment of a labour relations officer (s. 6-27 ) or special mediator (s. 6-28) or the establishment of a conciliation board (s. 6-29). If an employer and union are unable to conclude a collective agreement after bargaining in good faith, mediation or conciliation become mandatory processes.11 Strikes and lock-outs are prohibited unless a labour relations officer (or special mediator or conciliation board appointed) has informed the parties that there is no intention to recommend terms of settlement or the parties have not accepted the recommended terms of settlement; unless the minister has been informed that the dispute has not been settled; and until the expiry of a cooling off period of 14 days after the date the labour relations officer, special mediator or conciliation board has informed the minister that the dispute has not been settled. A strike vote is also required in accordance with s. 6-32 as well as the giving of 48 hours’ written notice of strike or lockout. Legislated provisions have also been provided to govern internal union affairs. Section 6-58(2) prohibits a union from expelling, 6 Ibid s. 2-1(e). 7 Ibid at s. 6-11. 8 Ibid. 9 Ibid. 10 Ibid. 11 Ibid at s. 6-34.
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COMMENTARY suspending or imposing a penalty on a member or refusing membership in the union or imposing a penalty or special levy as a condition of admission to membership in the union, if in doing so the union acts in a discriminatory manner or based on the individual’s refusal or failure to participate in an activity prohibited by the Act. Section 6-61 provides that within six months after the end of a union’s fiscal year, the union shall make available to each of its members, without charge, a copy of the audited financial statement of its affairs to the end of the preceding fiscal year, signed by the union’s president and treasurer or corresponding principal officers. Further, the unaudited financial statement of that bargaining unit shall be made available to each of the union’s members who are in a bargaining unit and any other information that may be prescribed by regulation.12 The Essential Services Act13 has also been provided as a component of the Saskatchewan Employment Act. Since its inclusion, possible amendments have been tabled by the legislature.14 The proposed amendments address a number of aspects. This includes requiring an impasse to be reached in collective bargaining before an essential service agreement can be negotiated.15 What constitutes as an impasse is not defined which will make it important to observe the first few decisions by the Labour Relations Board on the issue. The amendments also place a requirement on public employers to take into account non-bargaining unit employees when drafting essential notices pursuant to the legislation.16 In addition, the new amendments allow a challenge to the content of the essential services notice to proceed to an arbitration hearing rather than the Saskatchewan Labour Relations Board.17 It is hoped that this addition will streamline the hearing process. The Labour Relations Board now also has the ability to declare a strike to be “ineffective” due to the level of essential services to be continued.18 A dispute resolution process would then be used to conclude the collective agreement.19 The Essential Services Act has also spurred some interesting developments in the evolution of s. 2(d) of the Charter. In early 2012 it was found by the Saskatchewan Court of Queen’s Bench to unjustifiably infringe s. 2(d) of the Charter in conferring on public employers the unilateral authority to determine the employees who must continue to work during a strike to maintain essential services, and imposing penalties on employees and unions for failing to adhere to these designations.20 The Court further 12 Ibid at s. 6-62. 13 Public Services Essential Services Act, SS 2008, c P-42.2 [Essential Services Act]. 14 Government of Saskatchewan, “Government Introduces Amendments to Essential Services Legislation” (4 Dec 2013).The amendments were tabled on December 4, 2013, online: <http:// www.gov.sk.ca/news?newsId=2f318da6-aa07-455f-8c86-2f8bd20a78a1>. They will not be proclaimed until the Supreme Court of Canada decision of Saskatchewan Federation of Labour v. Saskatchewan, [2013] SCCA No. 257 has been released. 15 Ibid. 16 Ibid. 17 Ibid. 18 Ibid. 19 Ibid. 20 Saskatchewan Federation of Labour v Saskatchewan, 2012 SKQB 62; [2012] SJ No 49.
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held that based on Canada’s labour history, recent Supreme Court decisions, labour relations realities and the international instruments that Canada has undertaken to uphold, that the right to strike is a fundamental freedom protected by s. 2(d).21 The declaration that s. 2(d) includes protection for the right to strike has since been overturned by the Saskatchewan Court of Appeal based on the fact that the Supreme Court of Canada has held in prior decisions that the freedom of association specifically does not include the right to strike.22 The Court of Appeal stated that while the courts’ freedom of association jurisprudence has evolved, it had not shifted far enough to warrant a ruling that the right to strike was protected by s. 2(d) of the Charter.23 Therefore in accordance with the doctrine of stare decisis, the Essential Services Act could not be struck down on the basis that it limited strike activity contrary to s. 2(d) of the Charter.24 The decision has since been appealed to the Supreme Court of Canada with a tentative hearing date scheduled for May 16, 2014. This will provide an opportunity for the Supreme Court of Canada to revisit and clarify the parameters of the protections afforded by s. 2(d). Continued on Page 17... 21 Ibid. 22 Saskatchewan v. Saskatchewan Federation of Labour, 2013 SKCA 43; [2013] SJ No 235. 23 Ibid. 24 Ibid.
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COMMENTARY Continued from Page 15...
In BC Health Services the Supreme Court of Canada changed earlier jurisprudence by finding that collective bargaining was constitutionally protected under s 2(d) of the Charter, but left it unresolved as to whether it included protection for the right to strike.25 The language used by the Court suggesting a right to collective bargaining, to negotiations in good faith and to protection from “substantial interference” with associational activity may lead to the conclusion that the right to strike is included.26 More recently in Ontario (Attorney General) v. Fraser the Supreme Court again did not confirm a specific right to strike within s. 2(d).27 The discussion provided in the Fraser decision suggests that the opinion is not yet settled on the new course the Court has adopted in the section 2(d) area.28 While the majority of the Court upheld the reasoning in BC Health Services for the constitutional protection of collective bargaining under s. 2(d), Justice Charron and Justice Rothstien both believed that the addition of this constitutional protection within s. 2(d) was made in error and should be overturned.29 They viewed BC Health Services as reinterpreting s. 2(d) as a collective freedom rather than an individual right, contrary to previous jurisprudence and inconsistent with the Charter guarantee.30 According to BC Health Services, if s. 2(d) protected only the ability of workers to make collective representations and did not impose a duty on the employer to bargain in good faith, it would fail to protect the right to collective bargaining.31 Justice Rothstien and Justice Charron, however, stated that this proposition transformed s. 2(d) from a freedom into a positive right by imposing an obligation to act on third parties.32 They held that a right to collective bargaining is also not derivative of a freedom but rather is a standalone right created by the Court, not by the Charter.33 Most importantly, they found that s. 2(d) should be interpreted to afford deference to the legislative branch in the field of labour relations.34 They held that BC Health Services erred in removing the decision-making power on this question from Parliament and the provincial legislatures.35 The majority on the other hand held that s. 2(d) of the Charter protects the right to associate to achieve collective goals.36 In order to realize this right, a process of collective bargaining is required, which permits employee associations to make representations to employers that employers must consider and
25 Health Services & Support-Facilities Subsector Bargaining Association v British Columbia, 2007 SCC 27, [2007] 2 SCR 391 at paras 2 and 19. 26 Guy Regimbald & Dwight Newman, The Law of the Canadian Constitution, 1st ed (Markham Ont.: LexisNexis Canada Inc, 2013) at 611 [Regimbald]. 27 2011 SCC 20; [2011] SCJ No 20 [Fraser]. 28 Regimbald, supra note 26 at 613. 29 Fraser, supra note 28 at para 128. 30 Ibid at para 125. 31 Ibid at para 189. 32 Ibid at para 125. 33 Ibid at para 126. 34 Ibid. 35 Ibid. 36 Ibid at para 2.
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discuss in good faith.37 The majority held that laws or state actions that substantially interfere with the ability to achieve workplace goals through collective actions have the effect of negating the right of free association and therefore constitute a limit on the s. 2(d) right of free association.38 Any such law or action would be rendered unconstitutional unless justified under s. 1 of the Charter. The Agricultural Employees Protection Act was not found to violate this right in Fraser.39 Many of the same reasons could be applied by the Court in the determination of whether s. 2(d) includes the right to strike. Following the majority reasoning in BC Health Services, it could be argued that the right to associate to achieve collective goals cannot be realized without constitutionally protecting the right to strike and that the mechanisms provided in the Essential Services Act in lieu of strike action are not sufficient to amount to a justification under s. 1. There is also the potential for the reasoning of the minority in BC Health Services to prevail, returning s. 2(d) back to what some have argued was only intended to be an individual freedom and affording labour relations legislative branches more deference. Whether s. 2(d) is found to protect the right to strike will have a significant impact on the Saskatchewan provincial government’s ability to ensure that enough employees remain working during a labour dispute to maintain essential services necessary to prevent endangering the public’s life, health or safety. The Supreme Court’s decision in Saskatchewan Federation of Labour v. Saskatchewan will likely have a significant impact on further s. 2(d) litigation and the Saskatchewan provincial government’s ability to legislate on labour relations issues. *Amy
Gibson, BComm (Saskatchewan) & JD candidate (Saskatchewan) will begin articling in May of 2014 at the MacPherson Leslie & Tyerman Saskatoon office. Ms. Gibson is currently is working on research for Professor Dwight Newman’s revision of his Charter of Rights volume of Halsbury’s Laws of Canada. Professor Newman is Professor of Law & Canada Research Chair in Indigenous Rights in Constitutional and International Law at the University of Saskatchewan and has funding for his research from the Canada Research Chairs program.
37 Ibid. 38 Ibid at para 32. 39 Ibid at para 113.
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COMMENTARY Professional & Personal Responsibility: Law School at a Cross Roads Assistant Professor Marilyn Poitras College of Law, University of Saskatchewan “Law and Happiness” is a course based on my research on positive psychology, on the mental health of lawyers and on my belief that we are what we eat. Turns out, law schools create the model lawyer and send it out into the world and we are all and for the most part, despite all the talk of negotiation and mediation and collaboration, despite all the talk of only 5% of cases making it to the Supreme court, despite the reality that most cases settle far from the steps of the court house, not much has changed in our teaching basics. We still primarily use the case law method to teach law, often rely on 100% finals and use lecture style teaching. We create the menu, cook all the dishes and serve them up. The result is that to think like a lawyer means you see the other person’s story for its weaknesses, not plausible in many ways. It can mean strategizing like soldiers on a combat mission. It can mean desensitizing the story, the case, distilling it to the point that the human experience pales in comparison to the legal issue at stake. Yes, our major menu items in law school come from the thinking like a lawyer grouping, students are competitive, overworked and put through the test run for 16 - 18 hour days. This pressure can build to a point that the impossible becomes normalized and for some a comfortable and familiar place to perform our tasks. We know December and April will be months of little sleep and maximum anxiety; moots will take away from other courses, sleep and regular meals. The fact that few students can actually keep up with the required readings, purely on a - there are not enough hours in the day or week factor - therefore, means time management skills are a side effect, or have disastrous side effects. Time becomes a lawyer’s keeper and in private practice, for many, time is elevated to a spread sheet for calculating not only our wages but our worth as a lawyer, a human; it measures our level of commitment. After a while this pressure can compromise our health and impact on not only our own lives but our families and our firms and our clients. This should have us asking ourselves; Is this a life well lived?
a very personal context and also examines the suspected causes and, more importantly, any remedies available. The symptoms of the unhappy lawyers are present and found in trust account problems, ignored clients, ignored judgments and demand letters. The symptoms are found when we ignore the office and ignore our families. The symptoms are there if we choose to examine the patient. For lawyers, addictions and depression are code for hard worker and the rates of divorce and suicide reflect the downward spiral for many. There are experts now studying us as a group, to ask why is it lawyers are unhappy. Of course, not all lawyers are unhappy, some of us love our work, our career choices and the life paths we have chosen. Others of us function quite well in grumpy mode. We are learning from the happy ones who are often older, senior partners, male and have learned some life lessons. Of those who have struggled and sought help, doctors, psychologists and friends and family have offered assistance. This is all too often after a long hard fought battle with depression. For the law students I wanted to offer more, or something. I wanted first to recognize there are problems, that they often begin in law school and that there are some very simple things to add to our lives to circumvent these problems. The students in Law and Happiness study all of the possible detriments to a law practice, the physiology of the impacts of those detriments and the ways in which people, who are happy, deal with stress in their lives so that they do not end up as a statistic for researchers studying the ill effects of our profession. Resources like meditation, gratitude, exercise, giving back and professional resources available to lawyers are examined. The details of where to practice, how to practice and who to practice with are looked at, in addition to the role that law school itself plays in the creation of unhappy lawyers. In keeping with the title, we look at the good life, for lawyers.
The statistics on depression, suicide, divorce, the numbers of women and minorities leaving the legal profession and the data on a failing criminal justice system all point to a need for some introspection. What shape is our justice system in when 30-40% of the gate keepers are suffering from depression and all of its side dishes? After asking myself this, I thought about creating a class that looks at issues faced by law students, lawyers and judges in
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PRO BONO SPOTLIGHT The Need for a New Needy Person Certificate in Saskatchewan Katelyn Sheehan Pro Bono Law Saskatchewan In May, 2013, the Law Reform Commission of Saskatchewan issued a report titled “Access to Justice—Needy Person Certificates and Waiver of Fees: Final Report.” This document sets out the history and use of Needy Person Certificates in the province as well as some input from fee waiver systems in other jurisdictions. The Law Reform Commission has come up with sixteen proposals that aim to reform the current framework of fee waivers within the province of Saskatchewan. Currently, in order to qualify for a Needy Person Certificate, candidates must be represented by a solicitor, meet a threshold income level and have reasonable grounds for a court proceeding. Individual tribunals have different systems as some tribunals are free and others have a wide variety of fee structures. Needy Person Certificates are not available to self-represented litigants or in Small Claims Court. Ultimately, the current framework leaves a large number of people who cannot access the justice system due to financial barriers, yet do not qualify for a Needy Person Certificate. The sixteen Law Reform Commission proposals would make a fee waiver system applicable in both tribunals as well as the court system with a focus on increasing access to the courts through the Needy Person Certificate. Increasing costs to access the justice system and finding representation means that many individuals are forced to navigate the court system unrepresented. The Law Reform Commission’s report states that the need for pro bono counsel greatly outweighs the availability of lawyers. In order to allow a broader range of access to the justice system, the Commission advocates that fee waivers be available to self-represented litigants. Additionally, the report suggests the waiver should be available at any point in the court proceedings as a person’s financial situation can change drastically in a short period of time. The Law Reform Commission of Saskatchewan’s final report states that in order for the province to fully benefit from a fee waiver system, there must be a modification of the eligibility criteria of Needy Person Certificates. The reform advocated by the report is to simplify the process. This could be done in a multitude of ways. The Low-Income Cut Off set by Statistics Canada could be used as the eligibility criteria to qualify for a fee waiver. Further, the Commission recommends that the reasonable grounds for the legal action test should be struck from the application process. Additional endorsements in the report include having
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applicants swear an affidavit that they receive social assistance or provide a simple financial statement. If an applicant has already been tested to determine if they fall under the Low-Income Cut Off, they will not need to be re-evaluated. Finally, the Law Reform Commission suggests that courts and tribunals should be responsible for issuing fee waivers. This means that staff must be trained accordingly. To supplement this change, the report states that educational material for the public on fee waivers and the eligibility process should be made available to increase awareness of the availability of Needy Person Certificates. The Law Reform Commission of Saskatchewan ultimately advocates that reform of Needy Person Certificates will help to increase access to justice for individuals across the province of Saskatchewan. This article is authored by Katelyn Sheehan from the University of Saskatchewan, College of Law. She prepared this article for Pro Bono Law Saskatchewan as part of her volunteer activities with Pro Bono Students Canada. PBLS extends its thanks to Katelyn for her great work!
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PRO BONO SPOTLIGHT
PRO BONO SPOTLIGHT
2014 Gown to Gown Gala Kim Huynh CLASSIC The Gown to Gown Lawyers’ Charity Gala is an event held annually alternating between Saskatoon and Regina. It is an evening for the Legal Community in Saskatchewan to mingle and enjoy wonderful entertainment with the opportunity to contribute to the community. The contributions from this event correspondingly benefit Pro Bono Law Saskatchewan and CLASSIC every second year. This year, the 5th Annual Gown to Gown Lawyers’ Charity Gala was held in Saskatoon on January 31, 2014 at TCU Place. Guests looked glamorous amid the elegant decor as they arrived for cocktails on a brisk Friday evening. Cocktails were followed by dinner and a dance as a live band played throughout the evening.
clients and greets everyone with a warm smile on her face. Amanda’s involvement in various community groups, as well as her efforts to provide access to social justice for low income individuals made her an obvious candidate for the award. By the end of the evening, countless donors had pledged to make a donation. CLASSIC is still tallying the total donation numbers. Overall, this year’s Gala was a successful event, and it was a great opportunity for Saskatchewan’s legal community to contribute to providing access to justice. Next year, the 6th Annual Gown to Gown Lawyers’ Charity Gala will be held in Regina to benefit Pro Bono Law Saskatchewan.
Several guests including the Minister of Justice, and Dean of the College of Law, University of Saskatchewan provided speeches and recognized CLASSIC as a great benefit to Saskatoon’s inner city. The Honourable Minister of Justice and Attorney General, Gordon Wyant, QC, said “I’m proud of the work the Ministry of Justice and CLASSIC have accomplished together in the past, and confident that we will see even more success from this partnership in the future.” Dean Sanjeev Anand, QC mentioned “CLASSIC is an initiative that makes our whole community stronger,” and also acknowledged the benefits to law students when he said “At CLASSIC, students and clients learn from each other, partner, and grow with each other.” A short program after dinner recognized two outstanding lawyers in Saskatoon who demonstrate pro bono service and influence in the community. The Law Society of Saskatchewan and Pro Bono Law Saskatchewan presented Connie den Hollander and Amanda Neudorf with the 2014 Pro Bono Service Award for their notable contributions to access to justice.
The Honourable Minister of Justice Gordon Wyant, QC, Kevin Hill & his partner Alita, Kayla Hrudka
Connie den Hollander, a partner with Knott den Hollander, has been practicing law for over twenty years. She has extensive experience in many areas of law including family law, wills and estates, estate administration and estate disputes, real estate, and small business practice. She has been a volunteer for CLASSIC’s Legal Advice Clinic from its inception. Prior to the development of CLASSIC’s Legal Advice Clinic, Connie was a volunteer for Saskatoon’s Free Legal Clinic which over time merged with CLASSIC’s Legal Advice Clinic. She is passionate about helping clients and this is recognized by the appreciation expressed by her clients. Her demonstrated commitment to providing free legal help made her an excellent recipient for the award. Amanda Neudorf, an associate at McDougall Gauley, concentrates her practice on civil litigation, criminal law, elder law, mental health law, and the administration of wills and estates. She is one of CLASSIC’s few volunteers who actively focus on civil matters through the Legal Advice Clinic. She is always eager to meet with
Karen Janke-Curliss, Douglas Curliss, QC, Chief Justice Richards, Kara Moen
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COLLEGE OF LAW The Small Urban and Rural Initiative: Young lawyers find promising opportunities in small-town Saskatchewan Sarah Trefiak College of Law, University of Saskatchewan After graduating with her law degree in the spring of 2013, Loree Richardson went where few other University of Saskatchewan law grads have gone before—back to her hometown of Nipawin, a town in northeast Saskatchewan with a population of about 4,200. According to a survey done by the College of Law’s career office, Richardson was one out of only seven people who accepted an articling position in Saskatchewan outside of Regina and Saskatoon. The lack of Juris Doctor graduates moving to small towns, combined with the large number of lawyers in those small towns who are prepared to retire in the next few years is a problem said Sanjeev Anand, dean of the College of Law. “We’re facing a demographic crisis,” he pointed out. “In lots of rural communities the youngest lawyers are in their late fifties. How can those firms attract and retain young people?” That seems to be the million-dollar question. And the college, along with partners such as the Canadian Bar Association (CBA) of Saskatchewan, is trying to help find the solution. The Small Urban and Rural Initiative was born in 2009 when College of Law alumnus Bill Holliday invited students from the U of S to visit his firm in Weyburn, a community of more than 10,000 people. Since then, similar trips have been organized every year for students interested in practicing in rural areas or smaller cities.
“This initiative truly is a joint one. We rely on the local bar and judiciary to coordinate the tour agenda in a way that best represents life in their community” said Terri Karpish, career officer at the College of Law. The CBA Saskatchewan has been a major supporter of the initiative, making financial contributions to cover transportation and other costs of the tour. CBA representatives are also often part of the agenda; speaking to students about the many opportunities there are for involvement with the association. On the most recent rural initiative trip, more than 20 students from the College of Law travelled to Moose Jaw. They were given a taste of the legal landscape, but they also caught a small glimpse of what working and living in Moose Jaw might be like. “It was a great trip,” said Theresia Cooper, a second-year law student and member of the college’s Small Urban and Rural Committee. “It started at City Hall where we heard from the mayor and some local government representatives. We then toured some of Moose Jaw’s popular sites, followed by a lunch at Mosaic Place.” The students then toured the courthouses and firm offices where they had the opportunity to meet practitioners and ask them about what their experience working in Moose Jaw has been like. Cooper is interested in working in a smaller centre for a number of reasons. “One thing that I have seen on our rural trips is that the lawyers are heavily involved in their community and that appeals to me.” She is also interested in access to justice and is afraid that there may be a real access to justice crisis if more firms close in rural areas. “I feel like if I go to these areas then I am doing my part in preventing this crisis.” Her love for outdoor activities is also a motivating factor. “I spend my summers at the lake and my family is very active with snowmobiling in the winter. I would love to be able to snowmobile out my front door, or live 10 minutes from a lake.”
College of Law Students on a Small Urban and Rural Initiative’s trip gather for a group photo BarNotes l Spring 2014
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PRO BONO SPOTLIGHT COLLEGE OF LAw LAW College of Continued from Page 21...
Richardson too, found it easy to point out the benefits of articling in a smaller city or town. “First, having a small, close-knit bar is more advantageous than you might think,” she explained. “It is easier to work with other lawyers to reach resolutions on family, criminal and civil matters. You also become familiar with your local provincial court judges.” Currently articling at TSN Law, Richardson feels that in places like Nipawin, opportunity for growth is unlimited. “Many of the lawyers practicing in smaller centres have been there for a significant period of time and are nearing retirement. It is opening up a number of opportunities for articling students and young practitioners.” So what can firms in rural Saskatchewan do to attract students like Richardson and Cooper? Cooper, who has been on two of the Small Urban and Rural Initiative trips, offered three pointers. First, she suggested they send a firm representative to attend career events hosted by the College of Law. “If it’s not feasible for a firm to attend, perhaps a local bar member or one lawyer representing the entire community could attend.” Firms should also consider building a website with information about the firm and current opportunities, Cooper said. “Many students assume that because a position isn’t posted online, that it is not available.”
“The reason young lawyers don’t stay is because they have no connection to the community,” said Richardson, who suggested that firms hire summer students and help them establish a connection with the community in advance of hiring them as articling students. Cooper recommended that firms encourage young lawyers to volunteer (and perhaps provide incentives for being involved), or allow flexible work hours so lawyers can attend volunteer functions. “Students want to feel like they fit in with the firm and so socializing outside of the firm should be encouraged, whether it is holding a golf tournament or going out after work on Friday, it’s important for students to get to know the other lawyers on a more personal level.” If your law firm is interested in having College of Law students visit your community, contact Terri Karpish at 306-966-1924 or email terri.karpish@usask.ca to express your interest.
Sarah Trefiak is the Communications and Alumni Relations Officer for the College of Law at the University of Saskatchewan. She monitors both the communications and alumni relations at the college; along with serving as editor of the college’s alumni magazine, Of Note; planning alumni events; and overseeing the college’s web site.
Cooper said the third thing firms can do to attract law grads is to hire summer or articling students. “Being a summer student is an invaluable experience for many law students. It allows the student to explore rural opportunities without the long-term commitment.” She said ultimately, that firm may be the same firm a student chooses to article with. Richardson also had some advice to offer—not to firms, but to students still in the midst of their legal studies. “Seriously think about what it is you want to see in a community and what type of law you want to practice.” She emphasized that there is opportunity to practice in all areas in communities all across the province and students shouldn’t ignore the initiative when they hear the word ‘rural.’ “As an articling student, I have been able to work with each lawyer in our firm on a number of different types of files.” She added, “I would definitely advise students to consider smaller centres like Prince Albert, Estevan, Weyburn, Melfort and Moose Jaw. These are fantastic places to get your career started and to set you up for success if you should decide to open your own practice someday.” When it comes to retaining articling students and young lawyers, Richardson and Cooper agreed that it is all about community involvement.
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NATIONAL NEWS New CBA Business Partner When the CBA needed help with a commercial leasing issue, it approached Newmark Knight Frank Devencore. The CBA’s current tenant representative adviser was also acting for the landlord and the Association wanted an organization that represented solely the interest of tenants. The CBA engaged the firm to assist with the lease for the Ottawa premises. That experience convinced the Association to form a partnership, bringing Canada’s largest tenantfocused brokerage firm to the attention of all CBA members.
“The CBA was served very well using NKF Devencore,” says John Hoyles, CEO of the CBA. Many firms, especially mid-sized and smaller operations, simply do not have the time or expertise to handle their own commercial leasing requirements. The CBA was impressed by the thoroughness, professionalism, confidentiality and level of analysis that NKF Devencore brought to the table. The firm conducts studies and assists with project management and space planning. It can also address trends in law firm workspace. Once it has developed a plan of action, it also handles negotiations. NKF Devencore provided good counsel and the CBA got a good deal. As part of its partnership, NKF Devencore provides a percentage of its fee to the CBA so that the Association can enhance member programs. For more information, please contact Patrick Langdon, Vice President/National Director of Business Development at (416) 366-0366 ext. 258; on his cell phone (416) 452-1523; or by email at plangdon@devencorenkf.com
2014 CBA Legal Conference • August 15-17 • St. John’s, Newfoundland Register today: http://bit.ly/2014CLC Page 24
BarNotes l Spring 2014
NATIONAL NEWS Highlights from the Association Winnipeg lawyer wins 2014 CBA Doug Miller Award Josh Weinstein, a criminal defence lawyer with Myers Weinberg LLP in Winnipeg, is the winner of CBA’s 2014 Douglas Miller Award. He was presented with the award at the CBA Mid-Winter Meeting of Council in Ottawa.
Hryniak v. Mauldin decision at SCC The CBA welcomed the SCC decision that should make justice more accessible, swifter and less costly. The Supreme Court acknowledged the broader role of summary judgment motions in moving cases along and reducing typical trial costs. Paul Sweeny and David Sterns, both from Ontario, intervened in the case.
Read the Statement: http://bit.ly/HryniakSCC
Heenan collapse “a wake-up call” CBA President Fred Headon drew on some of the conversations sparked by the CBA Legal Futures Initiative to address the fallout from the collapse of Heenan Blaikie in an opinion piece published online February 11 in The Globe and Mail. The take-away? There’s no reason to fear the future – but be prepared to be innovative.
Law Day 2014 CBA Legal Futures Initiative releases consultation report The CBA Legal Futures Initiative continues to push ahead. On Feb. 20, it released its interim report which identifies key themes emerging from consultations with a broad cross-section of the legal profession and its stakeholders. More than 300 institutions and organization were invited to make comments. There have also been presentations to national and international audiences, in-person consultations with stakeholder groups and lively discussions on social media.
April 10 is Law Day, a time for the legal profession to connect with the public to increase awareness and understanding of the laws and legal system. Events and activities are scheduled across the country on Law Day and in some Branches, during Law Week. “For 2014, we are pleased to be featuring a legal health check being produced by the CBA’s Access to Justice committee as recommended in the Equal Justice Report,” says Law Day Chair Erin Hardy of Fredericton
Join in on the national conversation #CBAlawday
More information... Visit the Futures website: http://bit.ly/_CBAfutures Read the consultation report: http://bit.ly/1kJgUNb Follow us on twitter @CBAFutures
Limited Scope Retainers – Alberta Branch
2014 CCCA National Conference
Wondering about limited scope retainers? CBA Alberta’s Access to Justice Committee has published a report which discusses the ethical and practical issues associated with LSRs, how to limit the risks, plus best practice tips and perspectives from the bench.
In-house counsel will gather in Calgary April 6-8 for the CCCA National Conference. The conference is designed for in-house counsel and attracts a cross-section of the Canadian in-house community from all sectors.
Read the Report: http://bit.ly/2014abLSR
Join this essential conversation about the profession: http://bit.ly/2014CCCA
For more CBA News visit http://bit.ly/CBA_eNews BarNotes l Spring 2014
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POSTCARD FROM A LAWYER A Pivotal Moment: SE Asia and A Lawyer’s Life Lessons Adrienne Perrot SICA Films Have you ever had that moment when you say aloud, “I can’t pretend anymore”? That moment where you look around and fully understand that life as you know it is about to drastically change? You know. The moment. My moment happened in the summer of 2013. I had recently turned thirty. I had spent my twenties accomplishing all of the things that I thought I needed in order to be happy. [ENTER STAGE LEFT: DISILLUSIONMENT]. I had the degrees. I had the legal career, first with a large law firm and ending up with the biggest in-house department in the province. I had the handsome professional boyfriend. I had the downtown condo. I even had the perfect hair. I. Had. The. Perfect. Hair. But here I was, having checked off every item on my Success and Happiness To Do List, and the terrible realization that success does not, in fact, equal happiness hit incredibly hard. I had sewn myself into a tight little net of security, certainty and shoulds.
Australian Photo Tour Group in Cambodia Oh dear. So with one fell swoop, I left it all behind, in a potent mix of doubt, heartache and depression. Quitting my job? As irresponsible and “damn typical millennial” as it was, I couldn’t help but wonder how responsible it would have been to stay in a job where I knew I was going through the motions – not giving my all – because it just didn’t fit. So for six weeks in November and December of 2013, I pulled my own version of Eat, Pray, Love and travelled four countries in Southeast Asia. Growing up with a twin sister was fantastic, except that in all of my thirty years, I had never really done anything substantial by myself. This trip, even though majorly fear and panic inducing, was one of those things I knew I needed to do. I started solo in Bali, where the loneliness hit hard amidst the perfect weather. I spent my first days snorkeling with manta rays among shipwrecks and getting brutally sunburnt in the process. Let me tell you; there’s nothing like an epic sunburn to get your mind off the shambles of your life. I toured Balinese rice paddies and temples, ran nervously away from hyped up wallet-seeking monkeys, and experienced deep calm with yoga and meditation at the one and only Yoga Barn. In essence, I started to get a bit of my soul back. Bali? It’s really that good.
Bali Really Is This Beautiful
My next stop was Cambodia. In a weird twist of fate, I had booked a photo tour for this country with a group of Australian photographers a few months before my trip. My true passion lies in photography and storytelling; this was the first time in my life where I was completely surrounded with people who were just as excited as I about aperture and shutter speeds. In a whirlwind nine days, we reveled in Angkor Wat, travelled in tuk-tuks to a remote village and school, perfected chicken amok in a Khmer
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POSTCARD FROM A LAWYER
Buddhist Monks in Cambodia
A Cambodian Girl Named E
Watering Vegetables in Vietnam
Angkor Wat at Sunrise
cooking class, and threw our own gallery photo exhibition night. Cambodia was eye-opening, but not in the way I expected. While you can still see the effects of the Khmer Rouge, there is a lightness and authenticity in Cambodia that I havenâ&#x20AC;&#x2122;t felt elsewhere. I began to really feel comfortable in my own skin here. There was nobody I required myself to be but myself, and it was fantastic. I then returned to the life of a solo traveller in Laos. Unlike in Bali, where I just felt weird being by myself in a foreign land, it was here where I embraced my own company and finally enjoyed doing whatever I wanted, whenever I wanted. I toured the Mekong river, ziplined through rainforests and waterfalls, lost myself in Buddhist temples, and got fully schooled, by the most
polite vendors possible, in Luang Prabang markets. I laughed a lot in Laos; my cheeks hurt.
BarNotes l Spring 2014
The last two weeks of Trip Life Overhaul 2013 were spent in Vietnam. One of my sisters, Jackie, flew from Canada to meet me. We nearly got ran over by traffic in Hanoi before taking an overnight boat cruise and kayaking among limestone pillars in the seriously amazing and unofficial wonder of the world, Halong Bay. We then made our way to Hoi An, where we spent the bulk of our time visiting the tailors (â&#x20AC;&#x153;why, yes, I do need five dresses, Continued on Page 28...
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POSTCARD FROM A LAWYERPOSTCARD PRO BONO FROMSPOTLIGHT A LAWYER Continued from Page 27...
three suits, and 9 pairs of pants, thank you”), renting motorcycles to take to the incredibly picturesque An Bang beach and eating as much legit Asian cuisine as humanly possible. Jackie and I stopped in for some mud baths and night life in Nha Trang before taking in the madness of 7 million people in Ho Chi Minh City (formerly Saigon). We made it back to Saskatchewan just before Christmas, with our backpacks and memory cards full. My trip? Incredible. I came back feeling like the real Adrienne. Vietnam holds a special place in my heart; it was where I finally, finally understood that the greatest relationship I’ll ever have is the one I have with myself. It was here where I realized that no matter what job I have, where I live, or who I’m with, I am enough. I am enough. While away, I thought very little of what I was going to do once back in Saskatoon. I had mostly assumed that I would go back to lawyering with the firm I started with and love, while slowly building up my photo/video/storytelling business on the side. It would have been the safe and certain choice, no doubt. However, something else happened on my trip. I learned that living on the edge of certainty really isn’t so terrible; in fact, it might just be the key to my happiness. So at the start of 2014, I decided to go all in. I’ve taken a contract to provide project management services with Sica Films, a great video production and marketing agency in Saskatoon. I’m immersing myself in learning as much as I possibly can about videography, storytelling and documentary production. I’ve ripped up the Success and Happiness To Do List. I am no longer pretending. And I still have great hair. P.s. Interested in sharing your story? Feel free to send me a line at adrienneperrot@hotmail.com. You could be featured in a soon-
Finally Myself in Vietnam to-be-launched online project titled Lawyers Are People Too. It is going to be epic.
New look. New content. New experience.
www.cbasask.org Visit our new website today! Are you having trouble finding an old document or locating specific information on the website? Contact Kayla Stuckart, Communications Officer, kaylas@ cba.org. We are still working on sorting out a few glitches; member feedback is greatly appreciated.
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APPOINTMENTS Saskatchewan Judicial Appointments On November 8, 2013 The Minister of Justice and Attorney General of Canada announced the following three appointments:
The Honourable JACELYN A. RYAN-FROSLIE, a judge of the Court of Queen’s Bench of Saskatchewan, Family Law Division in Saskatoon, wsa appointed a judge of the Court of Appeal for Saskatchewan to replace Madam Justice G.A. Smith, who retired on December 1, 2012. Madam Justice Ryan-Froslie was appointed a judge of the Court of Queen’s Bench in 2000. She obtained a Bachelor of Arts in 1974 and a Bachelor of Laws in 1977, both from the University of Saskatchewan, and was admitted to the Bar of Saskatchewan in 1978. She was a partner with Anderson & Company of Swift Current where she practised family law, civil litigation and mediation. The Honourable DARIN C. CHOW, a judge with the Provincial Court of Saskatchewan in Yorkton was appointed a judge of Court of Queen’s Bench of Saskatchewan, Family Law Division in Regina, replacing Madam Justice Donna L. Wilson, who transferred to Saskatoon to replace Madam Justice M.E. Wright, who retired on August 31, 2013. Mr. Justice Chow was appointed to the Provincial Court of Saskatchewan in 2012. He obtained a Bachelor of Arts in 1991 and a Juris Doctor in 1994, both from the University of Saskatchewan. He was admitted to the Bar of Saskatchewan in 1995 and appointed Queen’s Counsel in 2008. Mr. Justice Chow was a partner with Chow McLeod (formerly Chow & Company) from 1997 to 2012, where he practised criminal law, family law, administrative law, arbitration, civil litigation, and real estate law. He was chairperson of the Moose Jaw Mental Health Review Panel and the Five Hills Health Region Review Panel from 2009 to 2012. He was also a member of the province’s roster of labour arbitrators from 2009 to 2012 and chair of the Saskatchewan Police Commission in 2011.
The Honourable LYLE W. ZUK, a lawyer with Wilcox Zuk Chovin
and predecessor firms since 1994. He was in private practice since his call to the bar. His practice areas were civil litigation, family law, corporate law, and wills and estates. Mr. Justice Zuk was a member of the Canadian Bar Association and president of the Prince Albert Bar Association from 1982 to 1985. He was a certified mediator since 1989 and a member of Mediation Saskatchewan since 1995.
Provincial Court Judge Appointed in Yorkton Government of Saskatchewan appointed PATRICK ANTHONY REIS as a Provincial Court Judge in Yorkton on
The
November 29, 2013. Judge Reis was called to the Bar in 1984. He dedicated most of his career as a lawyer with Legal Aid in Regina, where he provided services to clients throughout southern Saskatchewan. Before moving to Regina in 1986, he worked as a lawyer for the Northern Area Office of Legal Aid in La Ronge. In 1998, he was a recipient of the Saskatchewan Legal Aid Commission Employee Recognition Award and was also honoured with a Queen’s Counsel designation in 2008. Judge Reis was elected as a Bencher of the Law Society of Saskatchewan in 2012 and sat on the Admissions and Education, Access to Legal Services and Conduct Investigation committees. He has provided mentoring to law students and young lawyers. He is also an active volunteer in Regina and has coached hockey and baseball. Judge Reis replaces Judge Darin Chow, who was appointed to the Court of Queen’s Bench in Regina.
New Appointment for Queen’s Bench Family Law Division
Law Offices in Prince Albert, was appointed a judge of Court of Queen’s Bench of Saskatchewan in Prince Albert, replacing Mr. Justice R.Dennis Maher), who elected to become a supernumerary judge as of August 5, 2013.
On December 18, 2013, The Minister of Justice and Attorney General of Canada announced the appointment of JEROME A. THOLL as judge of the Family Law Division of the Court of Queen’s Bench for Saskatchewan in Regina, replacing Mr. Justice G.M. Kraus, who elected to become a supernumerary judge as of September 2, 2013.
Mr. Justice Zuk obtained a Bachelor of Arts and a Bachelor of Laws from the University of Saskatchewan in 1980. He was admitted to the Bar of Saskatchewan in 1981 and appointed Queen’s Counsel in 2008.
Mr. Justice Tholl obtained a Bachelor of Laws from the College of Law, University of Saskatchewan, in 2000 and a Master of Laws
Mr. Justice Zuk was a partner with Wilcox Zuk Chovin Law Offices BarNotes l Spring 2014
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from Osgoode Hall Law School in 2008. He was admitted to the Bar of Saskatchewan in 2001. Mr. Justice Tholl was a Senior Crown Prosecutor for the Saskatchewan Ministry of Justice since 2010 and was counsel with the Civil Law Division – Litigation Unit (2002-2010) and the Public Prosecutions Division (2001-2002). His main areas of practice were criminal law, civil litigation, family law and mediation. Mr. Justice Tholl is a member of the Canadian Bar Association and was Chair of the Saskatchewan Crown Counsel Association. Prior to completing his law degree, he was a business management consultant. He has authored a “The Law and Business Administration in Canada: Study Guide,” published by Pearson/ Prentice Hall in 2007.
New Judges Appointed in Meadow Lake On February 14, 2014, The Government of Saskatchewan announced the appointment of JANET MCIVOR to the Provincial Court in Meadow Lake. Judge McIvor graduated from the College of Law at the University of Saskatchewan and was called to the Bar in 1988. She began her career as an Associate for Pederson Rourke and Pinch law firm in Saskatoon. In 1990, she went to work for Saskatoon Legal Aid, appearing at all three levels of court on criminal and family law matters. Before being appointed to the bench, Judge McIvor spent the past 17 years as a Senior Crown Prosecutor with the Ministry of Justice, both in Meadow Lake and Saskatoon. Judge McIvor has been involved in professional associations, numerous community activities and has provided mentorship to junior lawyers. The Government of Saskatchewan announced on February 28, 2014 the appointment of MIGUEL MARTINEZ to the Provincial Court in Meadow Lake. Judge Martinez graduated from the College of Law at the University of Saskatchewan and was called to the Bar in 1981. In the early years of his career, he worked for the MacDonald Dawson and Fabian law firm in Weyburn and Carlyle.
PRO BONO SPOTLIGHT POSTCARD FROM APPOINTMENTS A LAWYER businesses in all levels of the Saskatchewan and Alberta courts. He also acted as counsel in mediation, arbitration and other dispute resolution forums. Throughout his career, he has been actively involved in numerous community activities and professional associations, most recently as the President of the Law Society of Saskatchewan. Judge Martinez replaces Judge Kalenith, who transferred to Prince Albert to fill the vacancy from Judge Carter’s retirement.
New Judge Appointed to Court of Queen’s Bench Family Law Division On March 7, 2014 The Minister of Justice and Attorney General of Canada announced the appointment of MICHAEL T. MEGAW to the Court of Queen’s Bench Family Law Division, replacing Mr. Justice N. S. Sandomirsky, who elected to become a supernumerary judge as of November 1, 2013. Mr. Justice Megaw received a Bachelor of Laws from the University of Saskatchewan in 1984. He was admitted to the Bar of Saskatchewan in 1985 and appointed Queen’s Counsel in 2010. Justice Megaw practised with Gerrand Rath Johnson since 2001. Prior to that, he practised with Shirkey Ulmer Wilner Megaw (1992 to 2001) and Robertson Stromberg in Regina (1991-1992). He was in-house counsel for Saskatchewan Government Insurance (1989-1991) and practised with Gritzfeld Megaw (1987-1989) and Gritzfeld Johnson (1985-1987). His main areas of practice were civil litigation, criminal law, family law, and employment law. Mr. Justice Megaw was elected a Bencher of the Law Society of Saskatchewan in 2010 and served as Chairman of the Ethics Committee and Conduct Investigation Committee. He served as an instructor for the Bar Admission Course and the Saskatchewan Trial Advocacy Course and was a presenter at various Law Society Continuing Development Seminars.
217 Jessop Avenue • Saskatoon SK S7N 1Y3 p: 306.955.3373 • f: 306.955.3064 www.globeprinters.com
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In 1989, he moved to Lloydminster where he was an associate and partner for what is now the Politeski Strilchuk and Milen law firm. Since 1996, he was the managing partner of the Martinez Meunier and Sholter law firm. He has represented individuals and small Page 30
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Calendar of Events April 5, 2014 Law Day Fun Run: Run for the Law Saskatoon April 5, 2014 Law Day High School Mock Trial Saskatoon April 10, 2014 Law Day April 10, 2014 Law Day Luncheon Regina April 11, 2014 Law Day Luncheon Saskatoon April 12, 2014 Law Day Fun Run: Lynn Smith Memorial Regina April 24, 2014 Executive Committee Meeting Saskatoon April 24, 2014 CBA Saskatchewan Council Saskatoon May 8, 2014 Executive Committee Meeting Conference Call May 15, 2014 Community Service Award Nomination Deadline June 1, 2014 Summer BarNotes Submission Deadline June 6, 2014 CBA Board of Directors Orientation Ottawa June 7-8, 2014 CBA Board of Directors Ottawa June 19, 2014 Executive Committee Meeting Saskatoon June 19, 2014 CBA Saskatchewan Annual Meeting Saskatoon July 10, 2014 Executive Committee Meeting Conference Call August 1, 2014 Fall BarNotes Submission Deadline August 7, 2014 Executive Committee Meeting Conference Call August 13, 2014 CBA Board of Directors St. John’s August 14, 2014 CBA Annual Meeting of National Council St. John’s August 15-17, 2014 2014 CBA Canadian Legal Conference St. John’s August 17, 2014 CBA Board of Directors St. John’s
Have you changed office locations or have a new job? If so, please advise CBA Saskatchewan so we can update your records. All changes should be sent to cba.sk@sasktel.net. Written changes may be sent to: CBA Saskatchewan, 306, 105-21st Street East, Saskatoon, SK, S7K 0B3. Updated addresses are needed for our National Database and Legal Directory & Day Planner publication.
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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
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