Bar Notes
THE CANADIAN BAR ASSOCIATION • SASKATCHEWAN BRANCH
SPRING 2016
VOL. 30.3
MUSIC & THE LAW Page 12
WHAT IS ENTITY REGULATION?
Page 9
2016 DISTINGUISHED SERVICE AWARD Page 20
IN THIS ISSUE
FEATURE COMMENTARY
MUSIC & THE LAW
12
Before they were lawyers, they were musicians. We caught up with three lawyers to see how they manage the art of balancing work with creativity.
BRANCH NEWS
COMMENTARY
4
THOUGHTS on: CBA Re-Think Project BY SHARON PRATCHLER, QC
25
Aerial Policing BY MICHAEL SCHERMAN
7
In Review: Mid-Winter Meeting BY NICHOLAS CANN
27
Access to Justice & Innovation BY GLEN GARDNER
8
In Review: Law Day BY CHRISTOPHER WEITZEL
What Is Entity Regulation? BY TOM SCHONHOFFER, QC
11
We Can Always Use Reminders BY BETH BILSON, QC
30
Possible Implication of R v. Riesberry BY Steven Wang
PRO BONO SPOTLIGHT
31
A Program with Promise BY Kara-Dawn Jordan
Distinguished Service Award Bryan Salte, QC was awarded the 2016 Distinguished Service Award on February 5th, 2016, at the Branch MidWinter Meeting.
ITEMS OF INTEREST CBA Legal Conference .... ........................................ 5 SAVE THE DATE: Branch Annual Meeting .......... 10
POST CARD FROM A STUDENT
Bar Judicial Council Representatives ......... 24 Calendar of Events .... 35
18
Forest Fires Come To Northern Saskatchewan BY JUDGE ROBINSON
32
Law, Business & Pageants BY Siera Bearchell
23
Collaborative Process In Practice BY LéA LAPOINTE
34
NATIONAL NEWS
2 BARNOTES
BRANCH AWARDS
STUDENT’S CORNER
COMMENTARY
9
20
Moved Offices? .......... 35
EDITOR’S NOTES
BARNOTES
eDITORIAL bOARD Ashley Smith Editor Saskatoon Police Service
SPRING 2016
Lora Bansley Communications Chair Information Services Corporation
Ashley Smith | Saskatoon Police Service
Scott Bell MacPherson Leslie & Tyerman LLP Kate Crisp Scharfstein Gibbings Walen & Fisher LLP Tristan Culham MacPherson Leslie & Tyerman LLP Jared Epp Robertson Stromberg LLP Jackie Francis Francis & Company Nolan Kondratoff Leland Campbell LLP Steven Larocque College of Law, University of Saskatchewan Amjad Murabit College of Law, University of Saskatchewan Michael Scherman Blake, Cassels & Graydon LLP ALIXandra STOICHEFF MacPherson Leslie & Tyerman LLP James Streeton Wardell Gillis Hannah Zip Knott den Hollander Brenda Hesje Executive Director CBA Saskatchewan Kayla Stuckart Communications Officer CBA Saskatchewan
BarNotes is a quarterly publication of CBA Saskatchewan. This publication is intended for information purposes only and should not be applied to specific fact circumstances without the advice of counsel. CBA Saskatchewan represents more than 1,200 members and is dedicated to improving access to justice, reviewing legislation and advancing the administration of justice. BarNotes is published 4 times per year and circulated to over 1,200 legal professionals. If you are interested in advertising, please contact Kayla Stuckart, Communications Officer, kayla@cbasask.org. © CBA Saskatchewan 306,105 - 21st Street East Saskatoon, SK S7K 0B3 www.cbasask.org
It is hard to believe that Spring is here! With the milder winter we had, winter seemed to fly by faster than usual. I don’t think any of us will complain but it has made us even more anxious for summer to start. To help make the wait more interesting, we have a very jam-packed Spring Issue of BARNOTES for you to enjoy. Our editorial board wanted to highlight younger members of the Saskatchewan Bar this issue. It didn’t take us long to notice some of the young lawyers making a mark in the music community. In putting this feature together the words of Plato came to mind. He states, “Music is a moral law. It gives soul to the universe, wings to the mind, flight to the imagination and charm and gaiety to life and to everything.” It’s astonishing that the words of a philosopher who left us in 347/348 B.C. still ring true today. Those of you that know me well know that music has always been a large part of my life, so this feature is especially near to my heart. I hope you enjoy reading the very different musical paths of Berkeley Buchko, Riva Farelle-Racette and James Steele and how they juggle their musical passions with the demands of a law practice. There are so many talented artists in our ranks, so hopefully we will get to feature other talented members of the Saskatchewan Bar in future issues. This month we also have a Postcard from a Student which highlights Siera Bearchell’s journey in law school, participating in pageants and starting her own business. Steven Wang from the College of Law also contributes a piece regarding professional athletes in our Student’s Corner. There is no question that we have some amazing leaders coming up the ranks of the profession.
Letters to the Editor
Ashley.Smith@Police.Saskatoon.sk.ca
We also have some extremely timely articles including Tom Schonhoffer, QC discussing Entity Regulation and Glen Gardener discussing Access to Justice and Innovation. I know many of you will want to read Judge Robinson’s account of facing the forest fires in northern Saskatchewan last summer and the efforts made by judges, court staff, counsel and the surrounding community to keep court running as best as possible. Michael Scherman tells us about Aerial Policing (pictures included!), while Lea Lapointe discusses the collaborative process in practice. These are just a few of the articles that await you in this issue. Thank you for taking the time to read BARNOTES. Our editorial board is always trying to create interesting, useful and engaging issues for our readership. We always look forward to your feedback and hope you will also consider contributing to BARNOTES. Best wishes for a wonderful Spring! See you this Summer!
Speaking about amazing leaders, please also read about our 2016 Distinguished Service Award Winner, Bryan Salte, QC. Congratulations Bryan on this welldeserved honor! SPRING 2016 3
PRESIDENT’S MESSAGE
THOUGHTS on:
CBA Re-Think Project SHARON PRATCHLER, QC | SASKATCHEWAN MINISTRY OF JUSTICE
F
red Headon, former National CBA President, tells a campfire story to illustrate where the CBA is in its life cycle as an organization. A small group of really involved volunteer members are gathered around the campfire, which has a fairly rosy glow to the embers. Every so often, there will be a particular idea or issue that results in a large flame burning up for awhile. But the light and warmth are dying down, and it is harder to attract more people from other campsites in. At some point, not too far off, the embers will die down to the point where they can not be seen from other campsites. It’s an effective story, which demonstrates the reality that most associations face today. Who will be left around our campfire, our Board tables, to tend the fire? By the time you read this, you will have received material on proposed new governance structures, along with background material on how we got here, including membership statistics. I won’t repeat all that information here, but recommend you read it, and would value any feedback you can provide. What I offer below are more personal thoughts on how we got here and what we need to do now. We, as the CBA, have a very time
4 BARNOTES
and labour intensive decision-making process. This is probably not surprising, given that it has been designed by lawyers. We all value process. We all value representation in decision-making.
representation if we decrease the size of the National Board? How can we afford not to, in terms of cost and nimbleness in decision-making?
But we have reached a juncture where we simply can not afford to have the titanic governance structure that was designed possibly as much as a hundred years ago. Unlike most organizations which function with an Annual General Meeting in addition to Executive meetings to steer the ship, the CBA has multiple layers of decision-making. We have monthly Executive meetings in Saskatchewan, combined with a Provincial Council, which meets twice a year – plus at an Annual General Meeting.
Our declining membership numbers across the country tell us that this is a decision we may not get to make unless we move quickly. Rather, it may simply become a reality forced on us by declining membership and the corresponding decrease in revenue.
On top of this Provincial structure, we have a National Council that meets twice a year, in a Mid-Winter and summer meeting. On top of this, we have a National Board, comprised of 24 voting members. If you picture 24 people sitting at a Board table and factor in time for each one to speak on a particular issue, you can quickly see that size is a challenge. On the other hand, there are very wonderful people around that National table and I have learned more about how the CBA functions and about the regional variations in Canada through that process than I have anywhere else. How do we not lose that rich bandwidth of voices and
These are the challenging tensions that present as we attempt to develop a new governance structure.
Here is another challenge that our current governance structure forces on us – it requires physical attendance in hotel ballrooms and meeting rooms over extended periods of time. Usually those rooms don’t have windows and natural light. How reasonable is it to expect people to continue to dedicate that kind of time from their family life to largely informational meetings?
“
Every so often, there will be a particular idea or issue that results in a large flame burning up for awhile.
”
PRESIDENT’S MESSAGE If we go back to Fred Headon’s campfire story, every so often there is an issue that gathers momentum and sends up a large flame of fire – the Futures Report, Access to Justice, an interesting Resolution or Request for Intervention that sets off debate. But those are the moments, rather than the narrative. How do we capture those moments and focus our energies there? As our membership statistics show, people are voting with their feet to spend less time in meeting rooms. How do we accommodate an opportunity to be involved in the organization without requiring the attendance at lengthy meetings? Here the suggestions include virtual AGMs, robust consultation mechanisms that could also use technology rather than physical attendance and reduced governance mechanisms and meetings. Recommendations for change focus on the number and size of governance structures. One suggestion is the elimination of National Councils and/or provincial councils. Another is a reduction in the size of the National Board, to reduce the costs associated with bringing 24 people together in one location and to streamline decision-making. The counterweight is the question of what impact this has on regional representation? Can you still obtain the richness of voices from across the country with a reduced Board size, which might be skills-based rather than based on regional representation? Is there a way to blend these two concepts, without creating another byzantine structure to manage it?
CBA LEGAL CONFERENCE OTTAWA, ON AUGUST 12-14, 2016
BUILDING A BETTER LAWYER
These are the challenging questions posed for the current National Board of Directors and National and Provincial Council members and for our members at large. The key point is – what governance structure can we afford, in terms of time and money? And how do we get to it, before that change is simply forced on us by declining membership? The goal as well is to turn the money currently spent on governance into direct member benefits. This is where our attention should be – what value do we bring directly to members? How do we increase that value, through the programs and services offered? So – my message to you – let’s be brave, let’s be bold, let’s embrace the needed changes, even if we have to leave the last dying embers of the campfire to get there.
cbalegalconference.org
Contact the President Ph: (306) 787-2527 | sharon.pratchler2@gov.sk.ca SPRING 2016 5
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BRANCH NEWS
IN REVIEW:
Mid-Winter Meeting Nicholas Cann | McKercher LLP
T
he Mid-Winter Meeting was held in Regina on February 4 and 5, 2016 and was a great success. Attendees were treated to distinguished speakers, instructive CPD sessions, and socializing and networking opportunities with friends and colleagues.
law, contract law, and advocacy. After a full day of being immersed in education and ethics credits, attendees and guests enjoyed live jazz music, appetizers, door prizes, and more than one Old Fashioned at The Capitol.
The meeting opened Thursday morning with an update from Justice Minister Gordon Wyant, QC. A concise yet informative discussion of labour arbitration in Saskatchewan was offered during the W.R. (Bob) Pelton Memorial Lecture. Mr. Justice Brown of the Supreme Court of Canada presented on Friday morning on causation, resulting in revisions to more than one Pre-Trial Brief. The Closing Plenary was a discussion on advocacy from the decision maker’s perspective with Chief Justice Popescul, Justice Ryan-Froslie, and Kenneth Love, QC.
The Mid-Winter Meeting would not be possible without the generous support of this year’s exhibitors and sponsors. I would like to thank the 2016 Mid-Winter Meeting Planning Committee for their dedication and hard work putting this year’s program together: Azure-Dee Ashton, Will Egan, Angela Eiffert, Jeremy Ellergodt, Jana Linner, and Neil Robertson, QC, as well as Brenda Hesje and Kayla Stuckart from the CBA Saskatchewan Branch office.
The CPD sessions were varied, allowing attendees to hear presentations on criminal law, real estate, wills, family
Be sure to mark your calendars and save the date for next year’s Mid-Winter Meeting in Saskatoon on February 2 and 3, 2017!
Special Thanks to the 2016 Sponsors & Exhibitors PLATINUM SPONSORS Ashmeade & Low Canadian Bar Insurance Association /CBA Financial Do Process Software Information Services Corporation McKercher LLP PotashCorp Regina Bar Association
GOLD SPONSORS Gerrand Rath Johnson LLP Leland Kimpinski LLP MacPherson Leslie & Tyerman LLP Olive Waller Zinkhan Waller LLP
SaskTel Stewart Title Guaranty Company Virtus Group LLP
SILVER SPONSORS Brunsdon Junor Johnson Appraisals Globe Printers LawyerDoneDeal Corp.
EXHIBITORS AJEFS Canadian Bar Insurance Association /CBA Financial
ChildView Inc. Court Call Crowe & MacKay Do Process Software econveyance First Canadian Title Information Services Corporation Law Society of Saskatchewan Libraries LawyerDoneDeal Corp. Public Legal Education Association Pro Bono Law Saskatchewan SaskTel Stewart Title Guaranty Company TitlePlus University of Saskatchewan College of Law VoicePro Technologies Inc.
SPRING 2016 7
BRANCH NEWS
IN REVIEW:
2016 Law Day Events CHRISTOPHER WEITZEL | SASKATCHEWAN GOVERNMENT INSURANCE
L
aw Day 2016 was Thursday, April 14. Events celebrating the signing of Canada’s Charter of Rights and Freedoms took place across Canada. Here in Saskatchewan we had the opportunity to engage and inform the public about the Charter and various aspects of the justice system with a variety of events throughout the month.
Cromwell Luncheon April 6th Together with the Johnson-Shoyama Graduate School of Public Policy, we brought back the Law Day Luncheon! On April 6th, we hosted Justice Cromwell, who offered some reflections on the current state of access to legal services.
Mock Trial Competition April 16 The Mock Trial Competition recreates the dramatic centre of the justice system by allowing high school students to play roles in trial, including prosecutor, defence counsel and witness. This year saw 6 teams compete at the Saskatoon Queen’s Bench Court House, with St. Mary High School taking home the McKercher Cup!
through visual arts and written/verbal works. This year the contest focused on section 2 of the Charter. Submissions were on display April 16th at the Court of Queen’s Bench (Saskatoon) during the Mock Trial Competition. Over 60 submissions were received, with 4 individuals each taking home a $50 cash prize.
Legal Resources Fair April 14 & April 17 In partnership with the Regina Public Library and Saskatoon Public Library, we co-hosted a Legal Resources Fair on April 14th in Regina and on April 17th in Saskatoon. These events provide an opportunity for the public to learn about the application of law and gain some awareness about legal practice in Canada. There were a number of displays and legal presentation by a wide array of community and governmental legal services organizations.
Law in Your Life Hosted in partnership with PLEA, the Regina Public Library and Saskatoon Public Library, this program provided the public with a series of informative legal sessions hosted by volunteer lawyers throughout April.
Law in Film
Run for the Law Fun Run April 16
Hosted at the Regina Public Library Film Theatre, this event featured historical legal films shown throughout April.
Over $4,100 was raised in support of CLASSIC and the Native Law Centre. Our Saskatoon Fun Run, sponsored by MacPherson Leslie & Tyerman saw over 35 people in attendance.
Thanks to the generous support of all our Law Day sponsors MacPherson Leslie & Tyerman LLP, McDougall Gauley LLP, McKercher LLP, Saskatchewan Ministry of Justice, The W Law Group, Thomson Jaspar & Associates and WMCZ Lawyers. And special thanks to those who came out to support our Law Day events and to the hard work of our Law Day Planning Committee - Andrea Johnson, Andrew Dickson, Bonnie Reddekopp, Charmaine Panko, Megan Lorenz, Neil Robertson, QC, Tom Baldry and Branch Staff Brenda Hesje and Kayla Stuckart.
Lynn Smith Memorial RUN
April 23 Over $3,000 was raised for Pro Bono Law Saskatchewan, as family and friends gathered in Regina for the 3rd annual Lynn Smith Memorial, held in honour of Lynn Smith, QC. Lynn was a strong CBA supporter and Past-President of CBA Saskatchewan. He was an avid runner and a partner at McDougall Gauley LLP, sponsor of the event.
Multimedia Contests
This event provides an opportunity for Grade 5 - 8 students to learn and demonstrate an understanding of the rights of Canadians 8 BARNOTES
View our event pictures online! www.facebook.com/CBASask
Christopher Weitzel serves as the Professional Image Chair for CBA Saskatchewan and oversees the Law Day Planning Committee. If you would like to get involved in the community through future Law Day events, email him at cweitzel@sgi.sk.ca.
COMMENTARY
WHAT IS ENTITY REGULATION? TOM SCHONHOFFER, QC | Law Society of Saskatchewan
T
he Canadian Bar Association has done outstanding work in the past few years on access to justice and the evolving legal services industry. It has led the profession and challenged Law Societies to consider how regulation might enhance access. In the last edition of the BARNOTES, Law Society Policy Counsel, Barbra Bailey, reviewed the CBA Futures Report and disclosed that the recommendations aimed at Law Societies are under active consideration. One of the jargon words often employed is “entity regulation” or even “compliance-based entity regulation.” What exactly does this mean to the lawyers of the province? First, all cautious lawyers use a disclaimer. The Law Society has not made any decisions on whether it will adopt entity regulation or what form it will take. So this is me musing about the principles as I understand them. I do think it’s an important subject because entity regulation is the first step in moving forward with some of the other recommendations from the Futures Report, such as alternate business structures. We should start with an analysis of the historic regulatory model. At present, the Law Society licenses and regulates individual lawyers. This format is based on a statute that was passed in 1907. At the time, legal services were delivered by sole practitioners or very small partnerships. Regulating lawyers made sense. Over the last 108 years, the delivery of legal services has evolved. Today, most
legal services are delivered by larger and organized business units. They can be large firms in private practise, government departments, corporate departments, legal aid, etc. In the common regulatory vernacular, all of these business units are commonly referred to as entities. So why does the Law Society want to regulate entities? First, we are already doing it to some degree. Take for example trust accounts. It only makes sense that firms rather than individual practitioners account. Where else does it make sense? There are several good reasons to extend regulation. First, Section 3.1(c) of The Legal Profession Act requires the Society to “protect the public by assuring the integrity, knowledge, skill, proficiency and competence of members.” The Law Society knows from long experience that a significant number of complaints and insurance claims are caused by poor management practices. Practice is complex and there are large quantities of people, paper and problems that regularly go through a lawyer’s office. It is not possible to adequately mind these issues without sufficient management systems in place. It is an undeniable fact that improving management practices increases client satisfaction. This is good for business, reduces Law Society complaints and generally enhances the reputation of the profession. Entity regulation has been in place in Australia for 12 years and it is reported that there has been a decrease in Law Society complaints of as high as 60%.
So, improving law office management is one of the most efficient ways for the Law Society to satisfy its regulatory mandate, but it also makes good business sense. The second reason for entity regulation is that it allows for a number of recommendations in the Futures Report, such as allowing non-lawyer ownership and multidisciplinary practices. The trick to this piece is to maintain core professional values such as independence, while providing greater competition and consumer choice. It makes sense that if the Law Society cannot regulate the owners and other service providers, that it will have to preserve core values by regulating the entity. Now let’s talk about what entity regulation might look like. My guess is that it will start with “entity regulation light.” First, who will we regulate? My sense is that the emphasis will be on those lawyers providing service to the public. Although there is a case to be made for including all service providers, it may not be a priority. Second, what will we regulate? The Law Society has neither the expertise, the resources, nor the intention to direct how business units should practise. Those decisions will stay with the firms. The Law Society also concedes that there is such a large variation in the types of business units and the types of services, that one size would never fit all.
Continued on Page 10... SPRING 2016 9
COMMENTARY
of Interest
Continued from Page 9...
The goal of compliance-based entity regulation is to provide a set of principles that any business unit delivering legal services must comply with. It starts with an assessment of the business unit’s risks and the development of appropriate management practices to deal with the risks. A sole practitioner engaged only in criminal law would have a much different risk profile and need much different management than a large firm with multiple lawyers and clients. In Nova Scotia, the work on entity regulation is advanced further than any other province. It has approved ten regulatory objectives that each firm should address through management as follows: 1. Developing Competent Practices to Avoid Negligence 2. Achieving Effective, Timely and Courteous/Civil Communication 3. Ensuring Confidentiality Requirements 4. Avoiding Conflicts
5. Maintaining Appropriate Records/File Management 6. Ensuring Effective Firm/Staff Management 7. Charging of Appropriate Fees and Disbursements 8. Ensuring Reliable Trust Account Practices 9. Sustaining Effective Relationships with Clients, Colleagues, Courts, Regulators and the Community 10. Achieving Access to Justice Third, how would compliance be monitored? Once again, there are no definite answers, but it is likely that each business unit would have a compliance officer who is a member of the Law Society. The job of the compliance officer would be to ensure that systems were in place and that the firm was complying with the system. Periodic reports or audits might be required to verify compliance.
Finally, what would be the result of non-compliance? I expect that the first response would be to work with the firm to put appropriate management systems in place, as that is the goal of the whole process. It is also possible that complaints resulting from egregious lack of firm management could result in sanctions such as fines against the firm. The Law Society is conscious that it is counterproductive to overburden practitioners with regulation in the name of access. Increased regulatory burden is inevitably passed onto the consumer. We anticipate that wellmanaged firms already comply with most of the requirements as part of a good business plan. Others may struggle and require Law Society support to meet the standards. We anticipate that resources would be developed by the Law Society for use by firms for this purpose, should they choose to use them, rather than having to develop everything from scratch. Entity regulation is a brave new idea with great potential. We look forward to further discussion with the profession. Please visit www.lawsocietylistens.ca before June 30, 2016 to learn more about entity regulation and to share your feedback with the Law Society.
2016 Annual Meeting | June 16, 2016 | 2pm The Saskatoon Club, 417 21st St E, Saskatoon, SK S7K 0C5
10 BARNOTES
COMMENTARY
WE CAN ALWAYS USE REMINDERS Beth Bilson, QC | College of Law, University of Saskatchewan
O
ne of the privileges of being in the Dean’s office in the College of Law is that I have a ringside seat at a wide range of interesting events, and I would like to draw attention to two things occurring this past week. Last fall, John Gormley, a sessional lecturer in the College, posted an unfortunate tweet in the aftermath of the Paris terrorist attacks. Mr. Gormley apologized and removed the tweet shortly after posting it, but it did lead students, graduates and members of the public to express their distress to me and other members of faculty. In the wake of this, it seemed desirable to engage our students in working on an event that would emphasize the importance of inclusiveness and diversity in our work. One of our student organizations, LEVEL (formerly Canadian Students Abroad) worked with the Ahmadiyya Muslim Students’ Association, and they invited an imam, Khalid Minhas, to speak about Islamophobia and to provide advice on how students could assist in maintaining an inclusive environment for all students. On February 24, over 80 people, including law students, Muslim students from across the campus and members of the Muslim community in Saskatoon, attended Mr. Minhas’ lecture and the period of food and conversation that followed. Mr. Minhas suggested to his listeners that, in a country as diverse as Canada, conversations of this kind help us to gain a better understanding of neighbours and colleagues who come from different cultural traditions or follow different faiths. On February 26, the College hosted an international human rights law conference organized by Professor Anne-Marie Cotter, who holds the H. Robert Arscott Law Foundation
of Saskatchewan Chair this year. In the middle of a day of fascinating presentations by distinguished visitors, the Honourable Ralph Goodale, Minister of Public Safety and Emergency Preparedness, spoke of the challenges of balancing the need to protect the safety and security of Canadians with the equally significant need to protect individual rights and the values that, as he put it, “make Canada Canada.” These characteristics include a commitment to diversity and mutual respect. Canadians gain many benefits from living in a pluralistic society. If we are open to them, we hear many voices, and are offered many important insights that can take us in new directions. Our institutions are enriched by these perspectives, our towns and cities made more interesting, our links with a wider world made more vibrant. Unfortunately, violent events can happen here or abroad that are difficult to grasp or explain. In the climate of fear these events create, it is all too easy to fall back on stereotypes or generalizations about cultural or religious groups. In this climate, too, we may think we need to place a greater emphasis on security or to adopt more restrictive and exclusionary laws and practices. Indeed, in some unfortunate cases, this reaction has taken the form of violent attacks on Muslim Canadians.
The statements of Mr. Minhas and Mr. Goodale remind us that the aspiration to maintain an open and pluralistic society is a bold one, and that it will not always be easy to conduct ourselves in a way that supports or advances this goal. This does not mean that the objective is the wrong one. It does mean that we need to be aware at all times how fragile our progress can be, and to make renewed efforts to get to know our neighbours.
SPRING 2016 11
FEATURE COMMENTARY
Photographs PROVIDED By Gene Pavelich, 2012 © and Cyndie Knorr Photography
FEATURE COMMENTARY
MUSIC & THE LAW Music is a moral law. It gives soul to the universe, wings to the mind, flight to the imagination, and charm and gaiety to life and to everything. Plato
FEATURE COMMENTARY
GOOD CLEAN FUN BERKeLEY BUCHKO | CUELENAERE KENDALL KATZMAN & WATSON life shifting mainly to hockey, as is the custom for most boys growing up in the north.
was asked to write about how my “highly successful music career works with (my) busy law practice”. When I agreed to do this article, I was unaware that it was meant to be a fictional piece. While I have had a lot of fun and been able to do some cool things with music, I would say my music is more of a pastime than a career (my kids would be fairly hungry otherwise). Be that as it may, here’s a little journey through my musical “career”. Growing up, music was not exactly a huge part of my life, which is actually a little crazy since my mom’s family put out two country gospel records in the 60’s (look up The Agrey Three and The Agrey Family – actually don’t bother, because I am not sure where you would find them). I always enjoyed listening to music. I sang a bit in choir at church, took a year of piano and guitar lessons here and there all before the age of ten. Then I just stopped. I didn’t have a lot of interest at that point, my main focus in
“
I believe that it is vital to have other things going on in your life besides work as a way to destress and keep your sanity.
14 BARNOTES
”
My interest in music was not renewed until I was about 15 or so, when I started to learn songs from Guitar World magazine on my buddy’s terrible electric guitar (most likely Silverchair and Nirvana – really technical stuff). Gradually from there I got more and more into playing guitar. I never really became all that proficient on the instrument. Instead I was focusing more on singing and songwriting. Over the years I picked up a few other instruments as well, such as bass, banjo and mandolin. Over the past 5-10 years I have played in a few different bands. One such band was Massey & the Fergusons. I guess you could say we were an alt country/rock group. We had a nice local following around the city here but never really did a whole lot with it. We ended up recording a few songs but that was about it. The toughest part about Massey was that it was a six piece group and getting together to jam was pretty tough, especially once we all started having children. Yes, I am saying that our kids were basically our Yoko. For the past 5 years or so, I have been playing with a band called The Barrelmen. This band is stripped down with more of an acoustic feel. We play a mix of country/folk. What has made this band have a bit more longevity is the fact that all four of the members write, sing, and play multiple instruments. By having this ability, it has been able to keep the whole experience a lot fresher. We have been lucky enough to play at a number of festivals throughout Saskatchewan over the past few years. We have also had the fortune of playing in a number of small town art houses
and theatres as well, which is by far our favorite thing to do. I think one of my favorite aspects of being a part of a group such as I am now is how my children can come enjoy our music. The type of music we play is quite accessible to people of any age (I would say our main demographic is ages 2-8 and 55+). The best moments have been being up on stage and seeing my kids dancing with the other guys’ kids. I honestly believe that the only reason that I have had the ability to play any music from time to time is that I realize exactly what it is. I don’t take it too terribly seriously. When the band gets up to play we have a good time. We have an absolute blast. I get to play music with three great buddies, and sometimes get paid (very little) to do so. However, at the end of the day, I still have to roll into work the next day, no matter how good the show was. Being able to play music along with a busy practice has not been all that difficult. I believe that it is vital to have other things going on in your life besides work as a way to destress and keep your sanity. I don’t really see the day where I will take any sort of “run” at it in the music world, and that is just fine with me. As long as I can keep playing and having fun, I will do it as long as I can.
Berkeley Buchko is a lawyer with Cuelenaere Kendall Katzman & Watson in Saskatoon. Berkeley’s practice focuses on real estate, wills and criminal law.
FEATURE COMMENTARY
Meaningful advocacy through music and law RIVA FARELLE-RACETTE | MACPHERSON LESLIE & TYERMAN LLP started my law career in 2009 with the Program of Legal Studies for Native People – an eight week law course offered by the native Law Centre at the University of Saskatchewan. It was the first time in my life that music was not going to be priority. Up until that point everything else in my world (work, family obligations, living situation, the car I drove) flexed around what I was trying to accomplish in music. I was a bass player in a Canadian Indie rock band and we had just finished touring our third record across Canada and into the United States. I was proud of what we had accomplished, but after ten years things were starting to get blurry and I was burning out. When I began my legal studies I made a concerted effort to avoid all things music. I stopped cold turkey and did not pick up my bass for a year and a half. Then, in my second year, someone gave me a small acoustic guitar. I had never really written songs on my own before, but the songs started to come out like a flood. It was around this time that I first heard about Cindy Blackstock and the First Nations Child and Family Caring Society of Canada (the “Caring Society”). During a classmate’s presentation at my Aboriginal Law and Policy class, I found out that the Caring Society and the Assembly of First Nations had filed a human rights complaint against the Federal government. The Complaint alleged that the Department of Indigenous and Northern Affairs Canada’s failure to provide equitable and culturally based child welfare services to First Nations children on-reserve amounted to discrimination on the basis of race and ethnic origin.1 The issues 1 The Canadian Human Rights Tribunal found the
in this Complaint resonated with me – as an Aboriginal person, as a former educator, and as a musician. Before going into law, I worked as an elementary school teacher at a First Nation operated school in the Treaty Four territory. I spent eight years with the community and I became very attached to the children and their families. I saw firsthand those unique and distinctive aspects that the case law seeks to put into words. These traditions and day to day interactions formed part of the very fabric of the community. I could not understand how the schools, the families who supported them, and the communities, could be expected to meet provincial outcomes with so much less. It was like everyone was expected to do the same work, but with one hand tied behind their back. At the end of the presentation, the speakers passed around buttons that said “I am a Witness”. I remember thinking to myself that it was the perfect first line to a song that had been building inside me. The song “Witness” came together fairly quickly and incorporated legal terms that seemed to make more sense when they were put to music. I wanted the song to be an anthem for First Nation children everywhere. One night when I was feeling brave, I sent Cindy Blackstock a message and a demo of the song. She replied within moments and I could never have anticipated her enthusiastic and
emotional response. The song certainly spoke to me, but to find out that my song could speak to others was life changing. The Caring Society invited me to sing “Witness” on Parliament Hill on two occasions. One of those times I literally rubbed shoulders with First Nation film star Adam Beach. Since then I have continued to write music that speaks to my own personal experiences and to issues that are important to me. My path in law helped me to branch out on my own - both personally and creatively. It helped me find a balance and to find a meaningful way to advocate for social change. In a way, it was law that helped me to get my relationship with music back on track.
Riva Farrell Racette is a member of the Timiskaming Algonquin First Nation. She is an associate with MacPherson Leslie & Tyerman LLP in Regina. Riva’s practice focuses on labour and employment, administrative law, and Aboriginal law.
complaint was substantiated on January 22, 2016 in First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada), 2016 CHRT 2 (CanLII). On February 22, 2016, the Federal Government confirmed that it would not be appealing the decision: http://www.cbc. ca/news/politics/federal-government-not-appeal-childrenreserves-1.3458969. SPRING 2016 15
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FEATURE COMMENTARY
Keeping work-life balance in harmony JAMES STEELE | Robertson Stromberg LLP usic has always been a constant in my life. An interest in performing began in grade school, with weekends filled by music competitions and gigs throughout the province. While life as a lawyer now offers less opportunity to travel, I still perform 3 to 4 times a month within Saskatoon. Besides providing a tremendous outlet from the demands of daily life, music remains the means through which I best express myself. The most common question any string player faces is the difference between a fiddle and a violin. While the instruments are the same, the music produced is vastly different. A violin suggests the classical repertoire of Bach, Beethoven, Brahms et al. Fiddle refers to a variety of folk music traditions, ranging from Country to Cape Breton, Western Old Time to UkrainianCanadian, French-Canadian to Metis. Fiddle music in Canada is particularly long-standing, with a history stemming from the introduction of Scottish and French cultures centuries ago. I first picked up a fiddle when I was seven years old. My parents had placed me into classical violin lessons, but I showed little inclination for the discipline and rigid technique required. We then found a fiddle instructor who happened to live on our street, and I came to love the drive, energy and improvisation which fiddle music offered. I soon entered the circuit of music camps and competitions which existed throughout the province. I remember an annual summer highlight being a week at the Emma Lake Kenderdine fiddle camp, where players from across Canada and the United States came for instruction. Later on, I began to play at festivals, corporate events and private functions. Such performances offered not only good public-speaking experience, but also a significant portion of my college tuition.
Music remains as important as ever in my life. Whatever alchemy determines the activities we innately love, I am grateful that both law and music are among my passions. Admittedly, the two fields differ on the surface – one marked by such precision and logic, the other by spontaneous inspiration. However, in their own way both share traits of creativity and thorough preparation. I am also fortunate that both pursuits have combined relatively seamlessly. Even as a lawyer there remains time to perform on evenings and weekends. While the time commitment required by music is not always light, careful scheduling and a supportive firm can avoid conflicts. While some friends have drifted away from music-making upon entering the workforce, my music and professional life have so far seemed to complement each other. Contacts from performances often prove useful in marketing. Moreover, I know of no better way to unwind than through music played with friends, or performing before a live audience. In short, so long as my practicing of law and music can co-exist harmoniously, I hope not to give up either any time soon.
James Steele is an associate with Robertson Stromberg LLP in Saskatoon. He is a previous Canadian Grand Master Fiddle Champion and Grand North American Fiddle Champion.
DID YOU KNOW? Listening to music is an effective way to reduce physiological stress. Studies show that relaxing Sources: 1 Relaxing music prevents stress-induced increases in subjective anxiety, systolic blood pressure, and heart rate in healthy males and females. Knight, W.E., Rickard, N.S. Monash University, Victoria, Australia. Journal of Music Therapy, 2001 Winter;38(4):254-72. 2. A comprehensive review of the psychological effects of brainwave entrainment. Huang, T.L., Charyton, C. Transparent Corporation, Columbus, Ohio, USA. Alternative Therapies, Health and Medicine, 2008 SepOct;14(5):38-50.
music prevents stress-induced increases in anxiety, systolic blood pressure, and heart rate1. Moreso, slower musical beats can alter your brainwave speed, creating brainwave activity eqivalent to when we’re in a more meditative or hypnotic state2.
COMMENTARY
Forest Fires Come to
Northern Saskatchewan JUDGE ROBINSON | PROVINCIAL COURT OF SASKATCHEWAN
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y colleague Judge Bob Lane and I sit as Provincial Court judges in northern Saskatchewan. Part of our work is done in our home town of La Ronge, a community of about 7,500 people situated 240 kilometres north of Prince Albert. We also hold court at a number of fly-in court points extending as far north as Fond du Lac near the North West Territories border. As with other Provincial Court judges, our work tends to follow a familiar pattern. But for a brief period last summer, that pattern had a definite disruption when forest fires came to our town. Forest fires are not new to Canada’s boreal forests. Fires caused by lightning strikes or human activity have been an annual event for millennia. In 2015, however, forest fires travelled all across northern Saskatchewan. Dry weather in May, when we received less than an inch of rain, sucked moisture from the muskegs and turned them into mats of tinder. The trees also became parched. As we moved into summer, lightning strikes often hit a readyto-burn fuel supply. By mid-June, smoke from several forest fires had darkened the air and blocked out the sun. On some days, La Ronge’s street lights stayed on throughout the day. It was also common to have ash and burnt pine needles falling from the sky. As a precautionary measure, volunteers and government fire crews began setting up water pumps and sprinklers on all homes and cabins in or near forested areas. Still, since some large lakes stood between La Ronge and the nearest fires, there was no sense of immediate danger. Residents with breathing issues were evacuated, but most people carried on with their day-to-day activities. Things changed dramatically on Saturday, July 4. On that day, fires got past a cat line about 10 kilometres north-west of La Ronge, and the fear was that the prevailing winds would sweep the fires into La Ronge. In the afternoon, the Saskatchewan’s Fire Commissioner issued a general evacuation order for the La Ronge area. This news was relayed to the public by Chief Tammy Cook-Searson of the Lac la Ronge Indian Band. Using both the local radio station and Facebook, Chief Cook-Searson became the main spokesperson for the teams co-ordinating the firefighting efforts and the evacuation. Under her direction, a mass exodus began almost immediately. Even though the fires were close, the general evacuation order came as a surprise. In 1999, the “Mallard Fire” had burned to
18 BARNOTES
the edge of La Ronge and burned a number of houses. Again, in 2006, the “English Fire” had come within 10 kilometres of the town. In those cases, there had not been a general evacuation order. But those fires pre-dated the 2011 fire in Slave Lake, Alberta when about a third of that town was destroyed by fire. Slave Lake showed that forest fires could indeed come right through a town. Upon getting word of the evacuation, my Provincial Court responsibilities were admittedly low on my priority list. I expect the same could be said for the others involved in the day-to-day workings of our court. I did speak to Constable Brian Wreggit, our RCMP Court Officer who regularly assists the local Crown prosecutors. Cst. Wreggit advised me that the RCMP were shipping their files and exhibits south. They simply accepted that they would be losing jurisdiction over most matters scheduled for the coming days. They had their hands full, and court could wait for another day. After speaking to Cst. Wreggit, I contacted a friend who would be staying behind as part of an Emergency Measures team. He agreed to fuel up my own water pumps every day to keep my sprinklers operating. My wife, my son and I then quickly packed up our clothes, photograph albums, the cat and 20 sled dogs. With our truck and dog trailer loaded, we took our place in a miles-long convoy of buses, cars and trucks driving south through the smoke to Prince Albert. Although organized in just a few short hours, the evacuation proceeded in a most orderly fashion. Out on the highway, buses and other vehicles could only move slowly in the thick smoke, but everyone patiently kept their place in line. The whole convoy seemed guided by a spirit of co-operation. Near Prince Albert, I left my dog team with dog musher friends. I and my family then went on to Prince Albert where we accepted an offer to stay at the home of Judge Gerald Morin. There was a small incident where an older dog I brought to the city almost drowned in Judge Morin’s swimming pool—being a dog from the bush, Attla did not realize you cannot just walk out of a steep-sided pool. But once that was sorted out, we settled into our most hospitable surroundings. On Monday, July 6, Judge Lane and I, our clerks, as well as La Ronge’s prosecutors, defence lawyers, probation officers and youth workers, all used the Prince Albert Provincial Court House as a muster point. Then, accepting an offer of court room space from the Prince Albert judges, we went to work cobbling
COMMENTARY
together a La Ronge court sitting. It was soon apparent that we lacked most of the documents needed to deal with matters in any conclusive way. But the Court’s antiquated electronic file management system (soon to be replaced!) was able to provide some vital information. With that and the co-operation of counsel, it was possible to deal with some matters in a constructive way. As the evacuation promised to continue for some time, we began to look ahead to the coming days. Although some remote northern communities had also been evacuated due to fires, there were court points we could fly to from Prince Albert. Our problem was that our court files were all still in the Court House in La Ronge. I therefore made a trip back to La Ronge to collect what was needed. Using a special pass to enter the town’s evacuation zone, I found the streets all but deserted except for fire fighters and army personnel who had come to help with the firefighting effort. I could not see the flame front, but the air was heavy with yellowish grey smoke from a fire burning near the town’s north boundary. At the Court House, I loaded files into cardboard boxes and then headed back south. Over the next two weeks, we continued to handle our La Ronge court circuits out of Prince Albert. It was not business as usual since both Crown and defence lawyers were still missing most of their files. However, everyone worked together in a collegial fashion to make the best of the situation, and a great deal of work did get done. One lesson learned from our experience was that everyone working in the Provincial Court system could benefit from a further investment in electronic file storage. If the Court’s own documents, Crown disclosure packages, defence files, probation files and the like were all stored electronically on central servers accessible by pass codes, the Court would be much more able to deal with emergency situations. On Friday, July 18, after some much needed rain had reached La Ronge, we got word that the town’s evacuation order was being lifted. As much as we appreciated the great hospitality of our Prince Albert colleagues, we were happy to be going home. When we got back, we found that thanks to a huge effort by fire crews, our town had escaped the fire. And yes, our Court House looking out over Lac la Ronge was still standing!
Photos of the “Egg” fire taken this summer from a boat on Lac la Ronge. Photographs by Lolita Poirier
SPRING 2016 19
BRANCH AWARDS
BRYAN SALTE, QC 2016 Distinguished Service Award recipient
Photograph PROVIDED By The Canadian Bar Association
PAST DISTINGUISHED SERVICE AWARD RECIPIENTS 2015
Greg Walen, QC
2014 2013 2012 2011 2010
Graeme Mitchell, QC Mark Brayford, QC Randall J. Baker, QC R. Elizabeth Bilson, QC The Honourable Justice Ronald L. Barclay 2009 Christine J. Glazer, QC 2008 W. Brent Cotter, QC 2007 The Honourable Judge David M. Arnot 2007 The Honourable Chief Judge Seniuk 2006 Joseph J. A. Dierker, QC
20 BARNOTES
2006 Harold H. MacKay, QC 2005 R. Peter MacKinnon, QC
1995 Dr. Morris C. Shumiatcher, QC
2004 Dr. A. John Beke, QC
1995 R. Dennis Maher, QC 1994 No recipient
2003 The Honourable
1993 Donald S. McKercher, QC
Chief Justice W. F. Gerein 2002 Gerald L. Gerrand, QC
1992 E. John Moss, QC
2001 W. Thomas Molloy, OC, QC
1991 George J. Taylor, QC
2000 Harry H. Dahlem, QC
1990 Henry C. (Hal) Rees, QC
1999 Roger C. Carter, QC
1990 William F. Ready, QC
1998 J. H. Clyne Harradence, QC
1989 D. E. (Tom) Gauley, QC
1997 Robert H. McKercher, QC
1989 D. K. MacPherson, QC
1996 Silas E. Halyk, QC 1996 William M. Elliott, QC
1991 S. Jack Safian, QC
BRANCH AWARDS AWARDS BRANCH
CELEBRATING OUR VERY BEST 2016 DISTINGUISHED SERVICE AWARD KATE CRISP | SCHARFSTEIN GIBBINGS WALEN & FISHER LLP
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his year’s recipient of the Distinguished Service Award is Bryan Salte, QC. Bryan is the Associate Registrar and Legal Counsel for the College of Physician’s and Surgeons of Saskatchewan, a position that he has held since 1999. Prior to that Bryan practiced law with the firm of Robertson Stromberg and its predecessors Robertson Bell and Robertson, Muzyka, Bell, Robertson and Nieman from 1978 to 1999. Bryan has been an active member of the Canadian Bar Association since his articling year. Bryan was initially the chair of the Saskatchewan Natural Resources section of the CBA. He then moved on to being the chair of the Saskatchewan Young Lawyers section. Bryan was named to the National Legal Aid Liaison Committee, a committee established by the Canadian Bar Association to study and provide recommendations on legal aid in Canada. He went on to chair the committee during its final year of operation. More recently, Bryan served as Chair of the Branch MidWinter Meeting, and is currently Chair of the National Resolutions, Constitution & Bylaws Committee. During his career, Bryan has made himself available to mentor young lawyers and law students, both informally and formally through the CBA mentorship program and the PLEA pro-bono project. His willingness to take time to counsel junior lawyers was clearly emphasized by Karen Prisciak, QC, Partner with A.S.K. Law., in her letter supporting Bryan’s nomination. Karen notes that “Bryan was ever ready to discuss any question [she] had and was helpful in guiding [her] to successful solutions”, stating further that she knows “from discussions with
other lawyers that [her] experience was not unique – Bryan has been unfailingly generous with his time and mentorship to many lawyers in locations throughout Saskatchewan and Canada”. Connected to Bryan’s willingness to mentor and assist junior counsel are his contributions to legal education, especially in the areas of administrative law. Bryan taught the Administrate Law Class at the College of Law during the 2003 academic year and went on to teach the Law and Ethics portion of the MBA program in 2004, 2005, 2006 and 2008. He has also made presentations at CBA Mid-Winter Meetings and numerous CBA section meetings. Bryan has written extensively in the area of administrative law, authoring a paper on the subject titled “Recent Developments in the Law of Professional Regulation” which he updates yearly, despite his busy practice and other community involvements. The expansion of this paper each year eventually led to the release of Bryan’s definitive textbook on the matter, “The Law of Professional Regulation”, in 2015. In addition to his contributions to the legal community, Bryan has lent his time to other community organizations, including the Tamarack Foundation, whose primary focus is to operate a camp for children with learning disabilities, the Saskatoon Family Service Bureau (later Family Service Saskatoon), an organization that primarily provides counseling services to individuals, couples, families and groups and BridgePoint Centre, which offers residential and outpatient healing and personal development to people with eating disorders.
Bryan’s willingness to be open and available to law students, junior lawyers and his peers in addition to his contributions to the The Canadian Bar Association and the field of administrative law make him a deserving recipient of the Distinguished Service Award. Bryan was awarded the Distinguished Service Award on February 5th, 2016, at the Awards Luncheon held in conjunction with the Branch Mid-Winter Meeting.
BRYAN SALTE, QC CAREER MILESTONES
1975
Graduates from the University of Saskatchewan with a Bachelor of Education degree 1979
Earns his law degree from the College of Law at the University of Saskatchewan 1979 - 1999
Practiced law with Robertson, Muzyka, Bell, Robertson and Nieman (and its successor firms Robertson Bell and Robertson Stromberg) 1999
Joins the College of Physicians and Surgeons of Saskatchewan as Associate Registrar and Legal Counsel
SPRING 2016 21
COMMENTARY
COLLABORATIVE PROCESS IN PRACTICE Léa LAPOINTE | SASKATCHEWAN MINISTRY OF JUSTICE
I
am proud to be among the approximately 190 lawyers and more than 20 other mental health and financial professionals in Saskatchewan who have completed collaborative training in Saskatchewan. I completed my formal training on a blustery Valentine’s Day in Regina. Despite the snow, ice, and winds of the day (and the closure of the Highway 11 between Regina and Saskatoon), I was optimistic and excited about growing my collaborative practice as a counterpoint to my other areas of legal practice. I must confess: despite my keenness, my phone did not begin to ring off the hook with new clients seeking my skills in collaborative process. The reality is that it takes two parties – and two counsel – to engage in the collaborative process. When more than half of the work that crosses my desk involves counsel who are either not collaboratively trained or not actively engaged in collaborative practice, it does impact whether the collaborative process is a potential fit for my clients. I believe the collaborative process will, however, grow in popularity in Saskatoon as it has in other Canadian and international communities. Given the choice, I would have chosen collaborative process to work through the issues in my own separation and divorce. (Prior to becoming a lawyer, I had a marriage that ended in divorce in 2004. I am since happily remarried, with two beautiful sons from my second marriage.)
Even though my Interspousal Agreement provided me with outcomes that were reasonable and fair, I had full financial disclosure, and I had independent legal advice, something was missing.
parenting schedule, they have now learned to build a case, hire a lawyer, and head to chambers as soon as there is dissatisfaction with the parenting schedule.
What I understand now is that some of my interests were left unaddressed, specifically my procedural interests. None of my current insights would have likely changed the substance of my Interspousal Agreement, but it may have changed the process of how I reached that agreement.
I submit that this training occurs even in the context of four-way meetings and negotiation where the threat of litigation looms large over the process. Parties and their lawyers may be negotiating by day and preparing to litigate by night, as a way of ensuring they are ready to jump ship if negotiations break down.
We all know that there is no one-sizefits-all process for “untangling” a spousal or parenting relationship and for sorting out the rights and obligations that flow from that relationship. Hence, the current statutory requirements for lawyers to provide clients with information about the process options available to them, i.e. litigation, mediation, negotiation, and collaborative law. People need an opportunity to understand the differences between the processes, and, perhaps more meaningfully, to understand how these differences may impact them as individuals and as parents.
I believe that the collaborative law process has the potential to train clients to resolve their issues differently. It offers an opportunity for clients to better understand themselves and their interests. It trains participants to brainstorm potential solutions and to measure those potential solutions against their interests. If the parties agree that their primary interests are to be fully engaged and involved parents and to love and support their children through the children’s own experiences of the separation and divorce, those parties can then learn to measure their options against those interests, and they can then discard options that do not fulfill those interests.
I invite the legal profession in Saskatchewan to consider how a traditional approach to providing legal advice may lead family law clients to be litigious. I believe that traditional litigation advocacy trains our clients to “build a case” against the other party, usually the other parent. Litigation advocacy neither trains the parties, nor builds the skills necessary, for the parties to deal with their problems in any other way. If parties resort to a chambers application to resolve an interim
In the collaborative law process, the parties are not collaborating by day and litigating by night. There is no threat of litigation looming over the parties. Their energies and time are potentially freed up to focus fully on reaching a negotiated agreement that can address everyone’s needs. Continued on Page 24...
SPRING 2016 23
COMMENTARY
Continued from Page 23...
BAr Judicial COUNCIL Reps The Bar Judicial Council deals with matters of concern between the Bench and the Bar. If you have suggestions on how the administration of justice can be improved, suggestions can be given to the appropriate representative listed below.
Court of Appeal Murray Sawatzky, QC McDougall Gauley LLP, Regina msawatzky@mcdougallgauley.com
Christine Glazer, QC McKercher LLP, Saskatoon c.glazer@mckercher.ca
Court of Queen’s Bench Jeff Grubb, QC Miller Thomson LLP, Regina jgrubb@millterthomson.com
Jenn Pereira Robertson Stromberg LLP, Saskatoon j.pereira@rslaw.com
If parties settle their issues through a collaborative process and a new issue subsequently arises between them, their prior collaborative experience will not likely have them heading immediately to chambers. While the parties may return to the collaborative process, they may also have learned how to deal with issues themselves. They may reconsider what their interests were in the first place, what they are at the present time, and choose a process that meets their interests. Collaborative professionals know that it is not just “easy” files or low-conflict files that are a fit for collaborative process. Collaborative process is well-suited for all types of disputes and clients, but it is generally a fit for parties who want to have a hand in controlling the outcome of their dispute, rather than handing it over to a third-party to make a decision for them. The potential involvement of mental health coaches, financial neutrals and other professionals as part of the collaborative team allows for a uniquely client-centred process that can accommodate varying emotional states and power or knowledge imbalances. This is part of the value of the collaborative process: it can be customized to meet the unique needs and interests of every party, while focusing the parties on negotiating solutions in a fully informed and supported environment. I look forward to my collaborative practice growing, and perhaps I will be in a position to write again for BarNotes in the future to share observations of how clients’ process choice may influence their future behaviors.
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COMMENTARY
AERIAL POLICING MICHAEL SCHERMAN | Blake, Cassels & Graydon LLP
A
friend of mine is one of the pilots for the Saskatoon Police Air Support Unit (a.k.a. the police airplane). When we meet, I end up grilling him with questions about the air unit and the police airplane. I can’t help myself. Perhaps my intrigue about the police airplane stems from a kid-like fascination with flying crime fighters, but there are also interesting legal aspects to their work to explore. The Saskatoon Police’s air unit got its start just over a decade ago. Back then it was a pretty simple affair with an officer sitting in the passenger seat of a small airplane using binoculars out the window. While the technology is more advanced today (they have infrared and high-zoom cameras mounted onto a single engine Cessna), the general idea is still the same. The air unit’s primary task is to support ground units and is particularly effective at managing vehicle pursuits, tracking suspects and searching for missing persons. All of these tasks are resource intensive from the ground, so having the air unit involved allows those ground units to be re-deployed to other calls. Searching YouTube for “Saskatoon Police Air Support Unit” yields some fascinating videos showing what the air unit is dealing with while most of us are sleeping at night.
these heat profile images, which depict information about a building that could not be observed with the naked eye (and thus their collection would constitute a search requiring a warrant). While U.S. courts have been more receptive to this argument, Canadian courts have consistently ruled otherwise on the basis that the information being disclosed (i.e. the approximate relative temperature of a house) reveals no intimate or personal details of a person’s lifestyle. Looking at the images that the infra-red camera produces it’s easy to understand how a judge would reach this conclusion. With that said, if the technology improved in the future to the point where a person’s body within the building could be detected, the issue would have to be revisited. A second privacy concern arises from the fact that from the air the unit can see onto private property that would not be visible from the ground. If a police ground unit wanted to look inside a compound surrounded by a high and solid fence, a warrant would generally be required for a search. Alternatively, if the compound were surrounded by a simple chain-link fence, a police officer could look through the fence into the compound in the same manner as any member of the public.
The air unit, like every public expenditure, has its critics (including at least a couple Saskatoon-area lawyers) who point to the cost and noise of the airplane, as well as privacy concerns. The Police lease the airplane for about $200,000 a year. It Continued on Page 26... has a noise muffler installed (a rarity in single engine airplanes) which has reduced the noise and resulting complaints significantly. While other tax-payers are, of Figure 2: Infra-Red Camera Snapshot course, free to disagree, the cost and noise seem quite reasonable given the apparent effectiveness of the unit, and regardless they aren’t the focus of this piece. The privacy-related aspects of the air unit`s operations are, from my perspective, the more interesting subject. Like other fundamental rights, privacy is a dangerously broad concept and generic complaints about “privacy issues” leave a lot of room for interpretation. With that said, there are a few specific ways that police airplanes in Canada could (and do) spark debates about privacy. First, the unit uses infra-red cameras for night vision, and also uses those cameras to prepare infra-red heat profiles of suspected grow-ops which are then used to support search warrants applications. When using the infra-red camera most houses have a weak glow see “Figure 2”; I’m told that grow-ops jump right out as bright white blobs. It’s been argued that there should be a right to privacy in
SPRING 2016 25
COMMENTARY
Continued from Page 25...
With police air units, the question often put before courts is: if a property is secluded from view from the ground, is it a violation of a person’s Section 8 right to visually search the property from the air? The rule adopted by the courts is that a reasonable expectation of privacy will not exist where the airplane is flying in an area expected to be used by the “flying public”. This area isn`t precisely defined but past decisions would suggest that a search from above 1000ft feet will generally be OK, while searches under 500ft typically will not. Also, it is possible this range could change in the future if low-altitude flying becomes more common, as it might with increased use of drones or smaller aircraft. Regardless, Saskatoon’s air unit patrols at around 2500ft; well above this notional “privacy ceiling”. All this is to say that, from a legal perspective, an officer viewing a property from an airplane at 2500ft has generally the same legal standing as a ground patrol officer viewing the property from a car parked on a public road. A third possible source of privacy concerns could stem from a belief that the air unit is performing wholesale monitoring and surveillance of the city.
Plane from the Saskatoon Police Air Support Unit
26 BARNOTES
It is worth mentioning from the outset that this particular aspect isn’t entirely germane because Saskatoon’s air unit is neither tasked with, nor equipped for, this type of wholesale monitoring. Nevertheless, such criticisms have been raised, and it is a topic of increasing relevance, so it is worth discussing briefly. The relevance of this topic is due to the fact that it has become (relatively) inexpensive to have an entire city video-monitored using a variety of high-tech tools, such as a web of polemounted cameras, a fleet of low cost drones, or a single airplane or blimp at 20,000ft with very high resolution cameras. While these sorts of monitoring tools are far from the norm, they are all being used today to varying degrees by law enforcement in North American cities. Legal restrictions on wholesale monitoring of this nature generally flow out of statutory privacy regimes such as the federal Privacy Act, and are fundamentally different than the items discussed above which related to search and seizure law. For example, in 2001 the federal Privacy Commissioner found that a videosurveillance system operated by the RCMP in Kelowna breached the Privacy Act (notwithstanding that the cameras exclusively monitored public
Circle Drive - Speed Signs places). A key principle of the Privacy Commissioner’s reasoning was that widespread video surveillance of public places should only be deployed to address a real, pressing and substantial problem on an exceptional basis. Again, it’s worth restating that the air unit’s activities are hardly comparable to the wholesale monitoring systems that have raised the ire of privacy commissioners. This is, nonetheless, an interesting area of the law that will certainly be undergoing more legal challenges as technologies develop. I’ll wrap this up by turning to the question that I think most people first ask about the unit, namely whether those “Speed Limit Enforced by Aircraft” signs on Circle Drive are actually for real. The answer, it turns out, is they are. For the most part. Speed enforcement isn’t at the top of the air unit’s priority list, and most days they’re too busy to spend much time hovering over Circle Drive.
COMMENTARY
ACCESS TO JUSTICE AND INNOVATION Glen Gardener | Saskatchewan Ministry of Justice The Challenge: Access to Justice The purpose of the justice system is the prevention and resolution of conflict in society. The justice system is a broader concept than simply courts and tribunals or traditionally delivered legal services. Many Canadians have great difficulty in accessing the justice system. We know that unmet justice needs generate problems for individuals, families, and society as a whole. There is a connection between the lack of access to justice services and broader issues of health, social and economic wellbeing. The lack of access to justice in Canada has reached a critical level. National organizations have released high profile reports on the issue, including the Canadian Bar Association’s paper entitled “Envisioning Equal Justice” and the National Action Committee’s report “Access to Civil and Family Justice: A Roadmap for Change”. These reports describe justice issues that require urgent attention and systems that are unsustainable. There is a broad consensus that traditional justice systems are not delivering services that are useful and relevant to many people. All components of the justice system have struggled, including Civil, Family, Criminal, and Administrative Tribunals. The problem of access to justice has been discussed and examined at length. Modest changes have yielded modest results. According to Professor Julie McFarlane of the National SelfRepresent Litigants Project, “This is creating a crisis of faith in the Canadian Justice system”.
The Opportunity: There is a critical mass of influential opinion forming across the country. A tipping point has been reached where the risk of not changing is greater than the risk of change. The uncertainty of change has now shifted into an impatience for innovation. The message is clear; there is a need for more fundamental transformation as opposed to more modest reform. As Justice Thomas Cromwell states, “We have a window of opportunity that comes along quite rarely. Let’s not blow it”.
What is the Ministry Doing? The Ministry of Justice in Saskatchewan realizes there is an opportunity for the province to take a leadership role in responding to the access to justice challenge. The Ministry has adopted an Innovation Mandate and established an Innovation Division. The Innovation Mandate is the Ministry’s commitment to addressing the access to justice challenge. The Innovation Mandate will address access to justice concerns and provide better services to citizens who rely on the justice system by: •
Reducing the time and cost in accessing services;
•
Improving the process of resolving disputes; and
•
Providing a wider variety of alternatives to reaching resolution to legal problems.
The vision of the Innovation mandate is to create understandable, timely and affordable justice for Saskatchewan citizens.
“Appropriate Dispute” Resolution The referenced diagram on the next page (see Figure 2, the “funnel”) is adopted from the National Action Committee on Access to Justice in Civil and Family Matters Report entitled “A Roadmap for Change”. It has been accepted across Canada as a guide to access to justice reform. The Justice Innovation Mandate is built around the funnel concept, and is grouped into four project categories working from the largest to smallest end of the funnel: •
Dispute Prevention – strategies such as citizen participation, information/ education, simplicity, clarity in law and policies, self-help, and early assessment;
•
Early Intervention – robust development of the early resolution service sector, integrated services, and guided self-help;
•
Diversion – appropriate dispute resolution needs to be viewed as the default method to resolve disputes and citizens need more options to resolve conflicts; and
•
Core Efficiencies – finding efficiencies within the traditional system to provide greater access and quality outcomes for citizens.
A number of projects have been identified as a starting point for the Continued on Page 29...
SPRING 2016 27
COMMENTARY
Continued from Page 27...
Innovation mandate. Among these initiatives are ideas for Small Claims Reform, increasing the types of legal service providers, improving services for families experiencing separation, supports for citizens in the justice system, and reducing time to resolution and costs. The projects will be a multi-year process and initiatives will continue to evolve as the Ministry conducts research, engages stakeholders and community partners, and brings forward additional areas for consideration. The Ministry is currently consulting with citizens and stakeholders regarding these initiatives.
For further information regarding the Innovation Mandate, the challenges of Access to Justice, and current projects, please contact the Innovation Division at: J. Glen Gardner, Assistant Deputy Minister glen.gardner@gov.sk.ca | (306) 787-5651
The Culture of Innovation The Ministry has received positive feedback from many stakeholders in the justice system. In order to more fully address the access to justice challenges a cultural shift in the justice system will be required. Access to justice cannot be solved by the Ministry of Justice alone; it requires a network of interactions between organizations in the justice environment. Fulfilling the Innovation Mandate relies on the participation of our many partners, including lawyers, policy makers, government, academics, and citizens.
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Conditions are right for innovation in access to justice. There is capacity and interest in justice innovation amongst stakeholders; let’s not let this window close.
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SPRING 2016 29
STUDENT’S CORNER
POSSIBLE IMplications of R v. Riesberry for professional athletes Steven Wang | College of Law, University of Saskatchewan
I
n December 2015, the Supreme Court of Canada upheld convictions for fraud and attempting to commit fraud against Mr. Riesberry in R v. Riesberry, 2015 SCC 65. Contrary to the Ontario Racing Commission’s Rules of Standardbred Racing, 2008 r. 10.01(a) and (b) Mr. Riesberry, a licensed horse trainer, was caught injecting a horse with epinephrine before a race and attempting to inject a second horse in another race; bets totalled over $5,000 for each race. This is the first time a fraud conviction has been upheld for doping in a sporting context. This decision could have significant consequences for professional sports in Canada as it could potentially subject athletes who are doping to criminal sanctions. The law surrounding criminal fraud comes from two SCC cases, R v. Théroux, [1993] 2 SCR 5 and R v. Zlatic, [1993] 2 SCR 29. These cases indicate that the elements of mens rea required for fraud are a “subjective knowledge of the prohibited act”, and a subjective knowledge that the prohibited act could result in the deprivation of another person. They also specify that the actus reus requires “an act of deceit, a falsehood, or some other fraudulent means; and deprivation caused by the prohibited act”. The SCC agreed with the trial judge’s finding that Mr. Riesberry must have known his acts were prohibited and that he also knew his dishonest acts would put the bettors’ pecuniary interests at risk. At issue in this case was whether Mr. Riesberry’s fraudulent act caused a risk of deprivation that was not too remote. Mr. Riesberry argued that the Crown failed to show that any bettor had been induced to bet or to not bet by his fraudulent act. Cromwell J, writing for the court, stated that, “[s]imply put, a rigged race creates a risk of prejudice to the economic interest of bettors. Provided that a causal link exists, the absence of inducement or reliance is irrelevant”. Naturally, similarities can be drawn between rigging horse races through doping and doping among professional athletes. It seems that the main issue in most cases would be establishing the causal link. It is likely that a causal link can be easily established where the doping athlete competes in an individual sport. It is less clear, however, when the doping athlete is competing in a team sport. One wonders how far the courts would stretch the “causal link”. Can a causal link be established in the case of a hockey player who is just one person on a twenty person team? Would it be any different if that player was a star on the first line compared with someone on the fourth line? 30 BARNOTES
In Canada, one significant difference between the horse racing world and professional sports in general is while horse racing has a thriving betting scene, betting on sports in general is severely limited by section 207(4)(b) of the Criminal Code which prohibits betting on “any race or fight, or on a single sport event or athletic contest”. This provision effectively eradicates sports betting because it forces a bet to be made on multiple contests, called a parlay bet. Parlay bets are unpopular amongst bettors because it is more unpredictable and therefore a riskier bet. Due to this section, the sports betting industry in Canada is relatively smaller compared to the rest of the world, with the exception of some internet sports betting sites that exist in a jurisdictional grey area. Even though sports betting is limited in Canada, betting aside, individuals could still be put at risk of a deprivation due to a doping athlete. Clean athletes who have suffered losses against athletes who are doping can certainly be said to have been deprived of significant interests, often pecuniary. Again, this causal link will inherently be clearer in individual sports and murkier in team sports. Like Mr. Riesberry, it would seem that a doping athlete would meet the mens rea and actus reus of fraud. An athlete who is doping certainly knows that doping is against the rules, and they must know that their actions could result in the deprivation of their opponents. If the doping athlete wins, then it is easily proven that their fraudulent act, doping, deprived their opponents of pecuniary interests. Perhaps R v. Riesberry will be the solution to the supposed rampant doping problem in many professional sports that people are looking for.
PRO BONO SPOTLIGHT
A Program with Promise: Walk-in Wednesdays Kara-Dawn Jordan | Pro Bono Law Saskatchewan
I
am sure it will come as no surprise to anyone to learn that approximately half of all inquiries to the Pro Bono Law Saskatchewan office are from individuals looking for assistance with family law issues. The demand for appointments with lawyers who graciously volunteer their time with PBLS to provide family law advice at free legal clinics across the province continues to grow and, as such, finding ways to effectively and efficiently assist people in resolving their issues is always a priority for us. With that in mind, I would like to take this opportunity to talk about a relatively recent initiative that I believe has a lot of potential – “Walk In Wednesdays.” I first heard about “Walk In Wednesdays” about a year ago, although it had not acquired that name quite yet. I had been included on a panel of speakers discussing Access to Justice and Family Law at the College of Law. The focus of the discussion was on self-represented family law litigants in the courts. I was half way through my spiel about the great resources that already exist in Saskatchewan that might be coordinated to have even greater impact, when I noticed a lawyer from the Ministry of Justice with a look on her face that told me that she knew something I did not. I was later pleased to hear that she had begun working with a number of others, including staff from other departments of the Ministry, Public Legal Education Association (PLEA), who had recently launched an excellent self-help website called Family Law Saskatchewan, and the Law Society of Saskatchewan Library, to bring legal information assistance to the Law Society Library at the Court of Queen’s Bench in Regina. Over the last year, a few different formats have been tested for assisting people
with family law issues at the Library in Regina. Currently the sessions are walkin and occur on Wednesday mornings. People attending the sessions have access to a wealth of information in the form of booklets, pamphlets, and selfhelp kits as well as the opportunity to meet individually with a legal volunteer for information about family law issues, court procedures, options for resolving matters outside the court process, and assistance with court forms. Legal advice is not currently available at the sessions, however, referrals are made to Legal Aid and PBLS as appropriate. I have had the opportunity to assist myself at some of the walk-in sessions and the feedback I have heard from people attending has been very positive. There are a number of reasons I personally think the “Walk-in Wednesdays” concept is a good one. The following are only a handful of them: (1) it provides services at a location where people are already attending to address family law issues; (2) it provides inperson assistance which, in my view, is tremendously valuable; (3) it occurs on a regular basis and does not require an appointment making it easier for people to get assistance when they need it; (4) it utilizes already existing resources and expertise; and (5) it has the potential to expand both in terms of the types of assistance accessible on site and in terms of its availability across the province.
volunteers. The level of interest and engagement so far is encouraging for the program and I hope that this article might get others thinking of how they might become involved. If you have an interest in the program please feel free to contact me and I will be happy to connect you with those people coordinating the initiative.
Contact Kara-Dawn Kara-Dawn Jordan Executive Director / Staff Lawyer Pro Bono Law Saskatchewan karadawn@pblsask.ca
Legal information sessions have already been held in Saskatoon at a few different locations including branches of the Public Library and the Law Society Library. A number of people have assisted at those sessions including Ministry of Justice staff, PLEA staff, students from the College of Law, and Pro Bono lawyer
SPRING 2016 31
POSTCARD FROM A STUDENT
LAW, BUSINESS AND PAGEANTS SIERA BEARCHELL | College of LAw, University of Saskatchewan
W
hen most think about a pageant girl or a “beauty pageant,” a regal wave and a declaration of “world peace” comes to mind; thoughts of the on-stage questioning and embarrassing answers linger; and the stereotypical “dumb blonde” are the images associated with pageants. I set out to break the stereotypes. I am currently enrolled in my second year of Law at the University of Saskatchewan College of Law and I would be what some consider a “pageant girl.” I competed at the international Miss Supranational competition in December, 2015 representing Canada. I placed 1st Runner-Up amongst 83 other countries. This was the highest placement Canada has achieved at a major pageant in over a decade since Natalie Glebova won Miss Universe 10 years ago. Although the aforementioned stereotypes still linger in the pageant
world, and many people believe pageants are demeaning to women, I can tell you that pageantry paved the pathway to lead me to where I am today. In 2009, my family and I lost our home to a house fire. The Red Cross was a great support for us as we did not have insurance for our home or belongings. In an effort to give back to the organization that helped us during such a difficult time, I began volunteering. Soon after I heard about Miss Teen Saskatchewan, where the winner would be given the opportunity to promote a cause or charity important to her on a provincial and national level. I thought it may be a great way to make a difference on a greater scale. I ended up winning the competition with no formal preparation. This achievement allowed me the opportunity to attend and win the national competition, Miss Teen Canada-World, and later place 2nd Runner-Up at Miss Teen World.
Miss Supernational Canada 2015 Upon winning a pageant, it is typical for the girl to spend that year dedicated to the organization, whether it be speaking to crowds, volunteering with different organizations, or working with young people from across the country. During my year as Miss Teen Canada-World I had the privilege of travelling to Kenya, Africa to build a school with Free The Children. I had the chance to speak to 16,000 youth at WE Day in Toronto and Vancouver, and I worked with various charitable organizations, all of which helped contribute to my leadership, speaking, organizational, and communication skills. Further, I was able to travel the provinces working with youth and inspirational leaders from various professional sectors. The pageant experience began to lay a foundation for my future goals and
Kenya, Africa - Free The Children Trip
32 BARNOTES
POSTCARD FROM A STUDENT
Watered Down Apparel
students). After two years of labs and bio lectures, I felt as though my goals would not be met if I followed the path I was on. I entered the Edwards School of Business for one year before writing the LSAT and being accepted into the College of Law.
aspirations. I started to see what I was capable of and I became fearless in pursuit of what I thought I wanted in life. I began to understand that even if something does not work out, there is a world of opportunity that awaits. I wasted no time and embarked on my next leadership journey. I became involved in a Junior Achievement (“JA”) Company program at my high school and was elected as the President of our company. JA Company Programs provide basic economic and business education by allowing students to operate an actual business. Students elect a President along with four Vice Presidents, establish a business idea, write and create a Business Plan, invest their own shares into the company, create a product, sell the product, and eventually report the success or collapse of the business in an Executive Summary. Our company was in the business of selling cupcake kits and candy bouquets in the themes of Christmas and Saskatchewan Roughrider. Our success proved fruitful as we achieved over $16,000 in sales in two months (although I’m not sure we would have experienced as much success with the Rider theme this past year…). Our company ended up winning Company of the Year provincially, and later the national award for Company of the Year. I was fortunate to win individual provincial awards along with the National Deloitte Inspiration Award and the Peter Mansbridge Youth Leadership Award, which I accepted from Peter Mansbridge himself at the Canadian Business Hall of Fame banquet in Toronto. The skills I attained from my pageantry provided me with the tools and experience to succeed with the company program. I was able to speak with confidence, network with companies and business personnel, and promote our company as something that others would want to be a part of. I graduated from high school as valedictorian due to my determination to have the highest academic average. I entered the College of Arts and Science with the ambition to be a doctor (along with the other 98% of the first year Arts and Science
Since law school itself cannot fulfill my pageant or entrepreneurship hobbies, I decided to start a company of my own. Chris Gratton, a U of S College of Law graduate, and I started Watered Down Apparel, an online clothing company that provides 30 days of clean water for every item sold. We work with the organization, WATERisLIFE, who, on our behalf, distributes Filter Straws, builds wells, and implements water sanitation and purification methods throughout the world. At the recent Miss Supranational competition, I drew on all of the above experiences. During the interview competition, I was so proud to share that I was a law student and the owner of a start up business. I won the Best in Interview “Woman of Substance” award which almost makes me more proud than my placement as 1st Runner-Up. I’m also thankful that I placed as 1st Runner-Up, as that allowed me finish my first semester of second year. The tools and experiences gained from pageantry helped mold me into the person I am today. I learned invaluable lessons, met incredible people from around the world, and have had “once in a lifetime” opportunities. All of this would not be possible without my pursuit of pageantry. While I was able to travel with, speak to, and meet thousands of other successful women throughout the globe, it still humbles me when people speak so highly of Canada. It truly makes me proud to call this place home.
Have you been on an interesting trip? Let our readers know about it. Submit your “Postcard from a Lawyer” to our Editor, Ashley Smith: Ashley.Smith@Police.Saskatoon.sk.ca SPRING 2016 33
NATIONAL NEWS
DO LAW DIFFERENTLY More Than A Suggestion
The latest tool from the CBA Legal Futures Initiative is a member-only online guide written by Jordan Furlong and developed in consultation with the Young Lawyers Forum, aimed at helping law students and young lawyers figure out what they need to do to position themselves for success. LEARN MORE: bit.ly/DoLawDiff
CBA INFLUENCE The CBA’s Legislation and Law Reform Committee and member volunteers stay busy all year speaking to governments, courts, and regulators on your behalf. And we’d like you to know more about it. Check out CBA Influence, a monthly newsletter with blog posts about CBA initiatives, submissions, interventions and comments on public policy. Combined with Focus on Parliament, with links to information about government legislative, regulatory and policy changes, this newsletter provides a 360-degree look at both our current advocacy work, and opportunities for the CBA to get involved. LEARN MORE: bit.ly/CBAinfluence
BUILDING A BETTER LAWYER 2016 CBA Legal Conference
Early Bird Registration Now Open!
August 12 - 14, 2016 | Ottawa, Ontario
Plans are well underway for this year’s CBA Legal Conference, being held in Ottawa from Aug. 12-14. Check out the website to see the speakers we’ve lined up, take a look at the networking opportunities, and to get a taste of what you’ll learn in the three PD streams (Building a Better Profession, Building a Better Practice and Building a Better Person). LEARN MORE: www.cbalegalconference.org
34 BARNOTES
CBA SKILLED LAWYERS SERIES The Anatomy of a Deal
With 16 programs and 24 hours of Professional Development requirements, you can pick the programs that fit your needs, or grab one of these bundles and save! • KEY COMPONENTS • LARGE M&A DEALS • COLLATERAL AGREEMENTS
The sessions are taught by 33 leading practitioners from across Canada - each with impressive transactional and drafting expertise. LEARN MORE: bit.ly/SkilledLawyers2016
Calendar of Events May 12, 2016
Executive Committee Meeting
Conference Call
June 9, 2016
CBA Board of Directors Orientation
Ottawa
June 10-11, 2016
CBA Board of Directors
Ottawa
June 16, 2016
Executive Committee Meeting
Saskatoon
June 16, 2016
ANNUAL MEETING
Saskatoon
July 14, 2016
Executive Committee Meeting
Conference Call
August 4, 2016
Executive Committee Meeting
Conference Call
August 10, 2016
CBA Board of Directors
Montreal
August 11, 2016
CBA Annual Meeting of Council
Ottawa
August 12-14, 2016
CBA LEGAL CONFERENCE
Ottawa
Moved Offices or Changed jobs?
Let us know! We do our best to keep our database up to date throughout the year. If you’ve moved offices or changed jobs, drop us a line to let us know! All changes can be sent to: info@cbasask.org. Written changes can be sent to: CBA Saskatchewan, 306, 105-21st Street East, Saskatoon, SK, S7K 0B3.
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SPRING 2016 35
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