THE CANADIAN BAR ASSOCIATION • SASKATCHEWAN BRANCH
Winter 2015
Bar Notes VOL. 30.2
th
Anniversary
Celebrating 30 years of B ar N Otes PAge 20
The Canadian Bar Association Saskatchewan Branch
IN THIS ISSUE
306, 105-21st Street East Saskatoon , SK S7K 0B3
PRESIDENT’S MESSAGE
Barely BARRISTERS
Items of Interest
Lawyers are Community Builders ............................... 4
How To Work It .................. 29
Legal Directory Orders .......... 3
Student’s Corner Invitation to Attend
Young Lawyers Session ......... 8 Appointments ..... 18
www.cbasask.org
eDITORIAL bOARD Ashley Smith Editor Saskatoon Police Service
2016 Mid-Winter Meeting .... 5
Law Students’ Worries: Employment & Perceived Flight Risk .................................... 30
Membership Report
IN THE COMMUNITY
The CBA is for YOU! .............. 7
Right to Know ..................... 32
2016 Law Day Events .......... 33
Scott Bell MacPherson Leslie & Tyerman LLP
COMMENTARY
Second Annual United Way “Law Day” ........................... 33
Calendar of Events ............. 39
Kate Crisp Scharfstein Gibbings Walen & Fisher LLP
Moved Offices? ................... 39
Jared Epp Robertson Stromberg LLP
A Small Step in the Direction of Reconciliation ....................... 9 Transforming the Delivery of Legal Services in Saskatchewan ........................................... 10 Expanding the Spectrum of Legal Service Providers ....... 12 Posting & Release of Security for Condominium Plans ......14 Lawyer By Day, Hypnotist by Night ...................................17 FROM THE BENCH
Update from the Court of Appeal for Saskatchewan ... 19
Bar Judicial Council Reps ... 27 CBA Saskatchewan Sections .... ........................................... 31
PRO BONO SPOTLIGHT
Jackie Francis Francis & Company
Lloydminster Legal Grounds ... ........................................... 34
Nolan Kondratoff Leland Campbell LLP Steven Larocque College of Law, University of Saskatchewan
BRANCH NEWS
Young Lawyers head to Canadian Legal Conference ..... ........................................... 35 Annual President’s Dinner .. 36 Postcard from a Lawyer
Security in Sri Lanka ........... 37
Lora Bansley Communications Chair Information Services Corporation
Amjad Murabit College of Law, University of Saskatchewan Michael Scherman Blake, Cassels & Graydon LLP SPECIAL FEATURE PHOTOGRAPHS The photographs featured in the 30th Anniversary Special Feature were taken by Editorial Board member Scott Bell.
James Streeton Wardell Gillis Hannah Zip Knott den Hollander Brenda Hesje Executive Director CBA Saskatchewan Kayla Stuckart Communications Officer CBA Saskatchewan
30th Anniversary SPECIAL FEATURE 30 Years of BarNotes ........................................................ 20
Then & Now
1985 vs. 2015 ....................................................................... 22 Reflections from a BarNotes Editor Robert Thornton, QC ........................................................... 24
BarNotes Editors:
Where Are They Now? ....................................................... 25 Reflections from a BarNotes Editor Judge Barry Morgan ........................................................... 26
2 BARNOTES
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
EDITOR’S NOTES
Happy 30th Anniversary BarNotes Ashley Smith| Saskatoon Police Service Wow! 30 years of BarNotes (or as it was previously known “Newsletter”)! When this anniversary was first brought to the attention of the editorial board we were extremely excited to create a special issue in BarNotes history. We looked at past issues, old photos and spoke with some of the early editors. This was truly one of the most interesting issues to prepare because we didn’t just learn about some of BarNotes’ history but CBA Saskatchewan Branch’s history. It wasn’t surprising to see the former Editors and editorial board members from decades ago become Judges, QC’s and distinguished members of the bar. With the 30th Anniversary of BarNotes and the 30th Anniversary of another Saskatchewan legal organization this year, the Saskatchewan Trial Lawyer’s Association, it is clear that there was something in the water 30 years ago. People didn’t hesitate to create and be leaders amongst the Saskatchewan Bar in hopes of making it better. Lets hope that we can continue that trend over the next 30 years. I hope you enjoy looking back at some of BarNotes ’ old covers and taking a step back in time as we compare 1985 to 2015. Nothing like looking back on the year the Edmonton Oilers won the Stanley Cup, the average cost of a new home was $101,000.00 and Back to the Future was the top box office film.
We approached some of the first editors to provide articles discussing the early days of BarNotes. Robert Thornton, QC, and Judge Barry Morgan, the 3rd and 4th editors respectively, answered the call and provide interesting and candid accounts of BarNotes in its infancy. In addition to our 30th Anniversary feature, we also have many interesting articles for you to enjoy. Read Chief Justice Richards’ update from the Court of Appeal, Kwaku Adu’s article regarding Law Students’ Worries and Beth Bilson’s comments on steps toward reconciliation. Hannah Zip advises barely barristers on “how to work it” during the holiday party season and Darla Tenold tells us about her trip to Sri Lanka. These are just a few of the articles and updates for you to read and enjoy. As this is our last issue for the 2015 year, I would like to take this opportunity, on behalf of myself and the editorial board of BarNotes, to wish you and your families a wonderful and relaxing holiday season! See you in 2016!
Letters to the Editor Ashley.Smith@Police.Saskatoon.sk.ca
Young Lawyers
Session
Using your Law Degree to Build Your Reputation, Stay Resilient & Earn Respect
February 24, 2016 12:00 PM Crave Kitchen & Wine Bar
Learn more & register online: bit.ly/CBASK-YL2016 Deadline to Register: February 10th, 2016 WINTER 2015 3
PRESIDENT’S MESSAGE
Lawyers are Community Builders SHARON PRATCHLER, QC | SASKATCHEWAN MINISTRY OF JUSTICE The highest compliment a lawyer can receive is to be called “a community builder”. Because, whether we think of it expressly in those terms or not on a daily basis, that is in fact what we aspire to do and in fact deliver every day in our work. We resolve disputes, we bring people back together (where possible), we resolve deadlock, we find compromises, we identify common interests, we bring together complementary people to build partnerships, we encourage the building versus burning of bridges, we sit on boards and chair many organizations, and we coach our kid’s teams. The common theme underlying all of our work is building community. As a result, we should ask ourselves the following question at the end of every day: Did I build community today? As lawyers, we should view all our transactions and dealings through that lens. We should accept that we won’t be perfect every day in this goal. But we can always make progress each day. What helps us in that work of building community? What makes us particularly successful in building community? Here are my thoughts:
Not needing to be proven right We build community when we don’t need to be right or have our views vindicated. It allows us to take our personal interest out of the equation and be open and flexible in thought. Creativity and collaborative processes result.
De-Escalating situations Yes, it can sometimes be tempting to lean
4 BARNOTES
into the conflict and engage but the truly great advocate remains dispassionate and focused only on the client’s interests. We build community when we resist the call to escalate conflict through our actions.
Extending grace in our dealings with others
We greatly value her years of service and congratulate her as one of our outstanding role models of community building.
Contact the
President
Ph: (306) 787-2527 sharon.pratchler2@gov.sk.ca
Grace is that fine quality that allows people to retreat from entrenched positions, it takes the sting out of strong language and in building bridges, it helps resolve conflicts.
Joining organizations AND attending events in The legal and broader Community Getting to know lawyers outside of a file allows us to operate on a different level, it increases trust and understanding of the stresses and challenges facing the person on the other side of our files. It builds community, by identifying our common interests and allows us to appreciate the skills and knowledge of other lawyers, in a non-adversarial context. Throughout my 20 plus year career, I have met many fine people through the Canadian Bar Association. The CBA and its members, have always been by my side in my career, every step of the way. I have met many fine community builders through the CBA in that time, including Brenda Hesje, our beloved Executive Director. Brenda is celebrating her 20th year as the key brand ambassador for CBA Saskatchewan. Brenda has worked over those years as a community builder, achieving a 70 percent rate of membership for our organization, among the total Bar membership. She knows everybody, she gets along with them all and she provides support to each and everyone of our members who ask for it. She sets a great example for us all on how to foster and build a strong legal organization.
When they’re gone, they’re gone... Legal Directories are here! If you missed ordering your copy, order yours today. Available while supplies last. Order Now: bit.ly/LD1516
Legal Directory 2015/2016
2016 Mid-Winter Meeting
Thriving in Complexity
February 4 & 5, 2016 | Delta Regina Hotel
Invitation to Attend: 2016 Mid-Winter Meeting NICHOLAS CANN | MCKERCHER LLP On behalf of the Planning Committee, I am pleased to invite you to attend the 2016 Mid-Winter Meeting on February 4 and 5, 2016 at the Delta Regina Hotel. The MidWinter Meeting is always an excellent opportunity to gather with colleagues, learn, and socialize. The educational program kicks off on Thursday, February 4, 2016 with Breakfast with the Minister, the Honourable Gord Wyant, Q.C. This will be followed by the W.R. (Bob) Pelton Memorial Lecture and an all-star panel of management and unionside labour lawyers presenting on labour arbitration and mediation in Saskatchewan. We are excited to announce that Mr. Justice R. Brown of the Supreme Court of Canada will be speaking on Thursday, February 5, 2016. Mr. Justice Brown sat on the Alberta Court of Appeal and was appointed to the Supreme Court of Canada effective August 31, 2015. Mr. Justice Brown’s presentation should not be missed. Following Mr. Justice Brown is the President’s Forum and an update on the CBA Legal Futures Initiative. Later that day, Mr. Chief Justice Popescul of the Court of Queen’s Bench for Saskatchewan, Chief Judge Plemel of the Provincial Court
of Saskatchewan and Justice Ryan-Froslie of the Court of Appeal for Saskatchewan will present at the Closing Plenary. This distinguished panel will discuss advocacy from a decision-maker’s perspective. The insights offered during this session will be invaluable to those who present on behalf of clients to courts, boards, tribunals, and beyond. A new feature for 2016 will be “What’s New” sessions in criminal law, real estate and wills, family law, and contract law. These are designed to provide a snapshot of the top issues facing lawyers in each area. There will also be an entire stream dedicated to advocacy, with presentations from judges from all levels of Court and senior practitioners. The educational program this year truly offers something for everyone. The evening of Thursday, February 4, 2016 will have you tapping your toes to live jazz music and enjoying delicious appetizers and signature cocktails handcrafted by hipsters at The Capitol, just around the corner from the Delta Hotel.
Mid-Winter Meeting has been approved for 13.25 CPD hours and 8.75 Ethics hours. Registration for the 2016 Mid-Winter Meeting in Regina opens at the beginning of December. I take this opportunity thank our numerous sponsors for the Mid-Winter Meeting and the CBA Saskatchewan Branch staff, in particular Brenda Hesje and Kayla Stuckart. I would also like to thank the 2016 MidWinter Meeting Planning Committee for all of their time and efforts: Azure-Dee Ashton, Will Egan, Angela Eiffert, Jeremy Ellergodt, Jana Linner, and Neil Robertson, QC. On behalf of CBA Saskatchewan, I hope to see you all there!
REgistration Now Open Register online for the mid-Winter Meeting at www.cbasask.org. Online registration can be completed with Visa, MasterCard or Cheque. A copy of the Program Brochure is included with the winter issue of BarNotes.
The educational program for this year’s
WINTER 2015 5
Save time. Save money. Submit online.
ISC’s Online Submission (OLS) eliminates the need for form-based packet submissions, allowing you to fully complete Land Registry submissions online. OLS now supports all types of Land Registry transactions, including condo transactions.
BENEFITS OF OLS: 3 Spend less time completing packets 3 Less rework 3 Improve efficiency Take advantage of OLS’s auto-populating data entry and pre-submission validation features. Submitting online helps speed up the application process and catches errors before they are submitted (reducing re-work), allowing you to get more done in less time! Visit our website to learn more:
ISC.ca/onlinesubmission F
R
E
E
T
R
A
I
N
I
N
ISC provides free, instructor-led hands on training your staff. Learn more at ISC.ca/training 2for BAR NOTES
G
MEMBERSHIP REPORT
The CBA is for YOU! LORELEY BERRA | Saskatchewan Ministry of Justice Being a member of the Canadian Bar Association provides you with the benefits of being part of a National Association, and gives you the opportunity to profit from numerous services and benefits offered by the provincial and territorial branches across the country, including professional development opportunities, practice resources, a voice to improve the justice system, and products and services to improve your bottom line. There are a number of good reasons to join the CBA, and I’m confident that you will agree when you review this short nonexhaustive list of benefits!
Advocacy We make your voice heard on issues that affect your personal and professional lives. Independence of the legal system, legal aid funding, multidisciplinary practices, paralegals and the threats and opportunities inherent in a global marketplace are all issues the CBA has addressed.
Networking The CBA offers a full range of Sections and Forums as the entry point for members to become active within the Association. Sections and Forums provide valuable skills-improvement opportunities and a place for members to exchange ideas with colleagues and Bar leaders from across Canada, and around the world. CBA Saskatchewan offers a full range of Sections, either practice-focused or interest focused groups, which are designed to meet the education, advocacy and professional needs of our members. Free membership in National Sections is automatic when a member enrolls in a corresponding CBA Saskatchewan Section, or in a National Section not available at the Branch level. Section registration is available to CBA members only. Pre-registration is required and some fees may apply. To receive notices of up-coming meetings, enroll in Sections. For more information visit: bit.ly/CBASaskSections
Reports & Publications Professional Development At both the Branch and National levels, the CBA hosts a variety of PD opportunities to meet the needs of its members to continually provide in-person and online PD opportunities. The annual CBA Saskatchewan Mid-Winter Meeting is our premier two day legal conference designed especially for Saskatchewan members. We offer a wellrounded PD program, networking, special events and more. Attend and fulfill your Law Society education requirements in one stop – including up to 8.75 hours of ethics! For more information and to register see the enclosed Meeting Brochure or visit www.cbasask.org.
To ensure members stay up to date on all aspects of the legal world, various publications are circulated at both the National and Branch levels. CBA Saskatchewan circulates a monthly enewsletter, CBA SaskWatch, and publishes quarterly issues of BARNOTES for its members. A number of publications are also available at the National level, CBA National and the Canadian Bar Review to name a couple. for more visit: bit.ly/CBAreports
CBA Legal Directory Published annually, the Legal Directory is a comprehensive and up-to-date listing of all
practicing lawyers in Saskatchewan. Extensive listings of law-related organizations, courts, judges, government departments and other professional services make the Directory an invaluable resource. The Directory is also available with day planner. The Legal Directory is available to CBA members at half the regular price. To order yours now visit: bit.ly/LD1516
Job Board CBA Saskatchewan offers firms competitive pricing for placing job ads in our exclusive CBA members-only online “Job Board” and in our monthly enewsletter, CBA Sask Watch, distributed to over 1,200 members in Saskatchewan. Complimentary advertising of articling student positions is available. For more information visit: bit.ly/CBASKjobs
Mentorship CBA Saskatchewan proudly offers a mentorship program to College of Law Students at the University of Saskatchewan. Lawyers interested in sharing their experiences, tips for success and guidance can participate by registering. For CBA members only. Register today: bit.ly/CBASKmentors
CBA Saskatchewan Law Firm Showcase In collaboration with the College of Law, CBA Saskatchewan hosts an annual Law Firm Showcase to introduce law students to the great firms here in Saskatchewan. For more information visit: bit.ly/CBASKshowcase Continued on Page 8... WINTER 2015 7
MEMBERSHIP REPORT
Continued from Page 7...
Member Savings As a member, you get even more value through special member savings ranging from insurance products, financial management, office supplies, courier service, optical, wireless, and more. To learn more Visit: bit.ly/CBA_savings
Lawyer Wellness Lawyer wellness means different things to different people. To some it’s about seeking help when in crisis, and to others it’s about finding time to fit in a yoga session during lunch! Lawyer wellness is important because the profession is expected to be at the top of its game at all times. Lawyers are relied upon when people are in crisis. In a survey conducted by Ipsos Reid on behalf of the CBA, stress/burnout was rated by 94% of the respondents as being the issue perceived as most prevalent in the legal profession. Today’s demands on legal professionals can be overwhelming. Lawyers juggle deadlines, files, clients and high stakes cases. Finding balance is difficult. For many, the work takes
a heavy emotional, mental and physical toll. When it leads to stress, anxiety, burnout and depression, the costs are high – both personally and professionally. Overall, Lawyer Wellness is an acknowledgment of the stress and difficulties that come with practicing law, and actively finds ways to improve both personal and business lives.
include confidential counselling, advice, information and peer support. Lawyers Concerned for Lawyers is a non-profit corporation governed by a volunteer Board of Directors composed of lawyers and judges. LCL has been serving the needs of Saskatchewan lawyers, articling students, law students and their families since 1987. For more information visit them online: lawyersconcernedforlawyers.ca
Stress/Burnout was rated by 94% of the respondents as being the issue most prevalent in the legal profession
Since 1989, the CBA Wellness Forum (formerly Legal Profession Assistance Conference) has recognized the unique needs of our profession and has worked to find solutions that allow our members to lead healthy, balanced lives. The Forum helps legal professionals manage personal, emotional, health and wellness challenges by providing support, advice and training to Lawyer Assistance Programs across the country. Our professional development programs and research resources on mental health and wellness give insights into the very real issues facing our profession. The Lawyer Assistance Programs provide professional support to lawyers, judges and law students across Canada. Their services
CBA SKILLED LAWYERS SERIES
This year, the CBA has partnered with Bell Let’s Talk and the Mood Disorders Society of Canada to provide a free online mental health and wellness course, available to all members of the legal profession and their families.
To learn more on how to maintain or find the path to a healthy you visit: www.cba.org/wellness/ The CBA offers many things, but we always welcome input of how we can improve. So, please share your experiences about the CBA and let’s grow as an organization that is important to you.
The Anatomy of a Deal
Session Include: Key Components, Large M&A Deals, and Collateral Agreements Learn MOre: bit.ly/SkilledLawyers
8 BARNOTES
COMMENTARY
A Small Step in the Direction of Reconciliation Beth Bilson, QC | University of Saskatchewan, College of Law The annual conference of the Canadian Institute for the Administration of Justice, held in Saskatoon October 14-16, was more of an experience than a conference. Organized around the theme “Aboriginal peoples and law: We’re all here to stay,” the conference was based on the premise that the perspectives of Aboriginal people have not been adequately heard or accounted for in the justice system. From the powerful opening ceremony focused on the drum, and the keynote address by the Hon. Murray Sinclair, the Chair of the Truth and Reconciliation Commission; to the evening at Wanuskewin featuring the voices of students; to the addresses by the Chief Justice of Canada and the Grand Chief of the Assembly of First Nations, the standing-room-only crowd - which included judges, lawyers, students, academics, members of the police services and elders - listened to a wide range of voices speaking about how Aboriginal Canadians perceive the law and how they experience the Canadian legal system.
the voices of elders, of Aboriginal leaders, of Aboriginal scholars and of Aboriginal students, and many commented that this had deepened their understanding of the impact of the law and the legal system on Aboriginal people, and of the space there may be for the incorporation of Aboriginal legal traditions into the legal system. The final report of the Truth and Reconciliation Commission made recommendations which challenged Canadians to undertake the difficult process of reconciliation in all sectors of Canadian society. The legal profession and law schools were specifically urged to ensure that those responsible for administering and working in the legal system have a more complete understanding of the legacy of residential schools and of the historic debts incurred through the treaties and through Aboriginal rights. An important component of developing this understanding must be respectful engagement with Aboriginal people, and a process demonstrated in a small way during the three days of the CIAJ conference – intensive and systematic listening to their voices as they tell us of their rich traditions.
As one might expect at a conference on this theme, there were panels addressing major Supreme Court decisions on Aboriginal rights and Aboriginal title. There were other sessions dealing with the role of stories in articulating and preserving Indigenous legal traditions, and with how stories can be used within the legal frameworks with which non-Aboriginal people are familiar. There was a session about Aboriginal identity, with one speaker talking about the challenges associated with defining a meaningful juridical identity for the Métis, and another talking about the complexities of definitions of First Nation membership under the Indian Act. A further session dealt with the importance of land and traditional land use to Aboriginal people, and highlighted the efforts of young activists to defend Aboriginal interests in the land. At the final session of the conference, each speaker described an initiative in which they had been involved – a community justice class involving law students, high schools students and former Aboriginal gang members; a project to involve elders in child protection proceedings; a videoconferencing project to bring legal proceedings to communities in northern Quebec; a law school project on creating videos to be used in connection with Gladue submissions, to name a few. The conference ended on a note of hope; there are many challenges to be overcome in creating a legal system that is equitable and that finds room for the traditions and perspectives of Aboriginal people, but these challenges are being confronted by many players in the system with innovative ideas. Throughout the conference, participants listened attentively to WINTER 2015 9
COMMENTARY
In August 2014, the CBA released its report: Futures: Transforming the Delivery of Legal Services in Canada, providing a series of recommendations to the changing legal marketplace. And now, organizations in Saskatchewan are addressing those recommendations. Read on to learn how the Law Society of Saskatchewan and the Saskatchewan Ministry of Justice are evolving with the changing legal marketplace.
Transforming the Delivery of Legal Services in Saskatchewan: Where the CBA and the Law Society Intersect Barbra Bailey | Law Society of Saskatchewan Major change is in the air when it comes to regulation of the legal profession in Canada and Saskatchewan is at the forefront of some exciting new initiatives. When the Canadian Bar Association (CBA) released its report, “Futures: Transforming the Delivery of Legal Services in Canada,” (the “Futures Report”) in August of 2014, the Law Society of Saskatchewan read the recommendations with great interest. The Foreword of that Report states that the Legal Futures Initiative was created “to help the Canadian legal profession remain relevant, viable, and confident in the face of change.” The recommendations focus on providing opportunities for lawyers to innovate and for the public to gain better access to legal services. These are the same objectives that have been driving many of the new initiatives at the Law Society. Momentum has been building towards change in the regulation of the legal profession for a number of years and the Law Society has been watching developments in other provinces and countries closely. We have seen that our traditional approach to regulating and delivering legal services may not be the best way in today’s world of globalization, technology, competition and innovation. The release of the Futures Report was a welcome signal to the Law Society that the profession shares the same vision for the public interest. As some of the ideas discussed in the Futures Report have already begun to take shape, we welcome this opportunity to examine instances where the ideas of the CBA and the Law Society align.
Futures Report Recommendations A review of the Futures Report reveals that 13 of the 22 final recommendations pertain to Law Society-related functions. The Law Society has already begun work related to 11 of the recommendations. The headings that follow are numbered in accordance with the Futures Report recommendations. The Futures Report recommends that law societies:
1. 4. 5. 6. 7. 8.
Increase flexibility in business structures; Permit non-lawyer investment in legal practices (ABS); Permit fee-sharing with and referral fees to non-lawyers; Permit delivery of non-legal service by MDPs and ABSs; Independence of lawyers’ opinions; and Adopt compliance-based entity regulation
While these six recommendations appear to cover a lot of ground, they all relate to transforming and innovating the way that lawyers are permitted to deliver legal services, and in turn, the way that delivery is regulated by the Law Society. Many steps will be required to bring about these significant changes.
10 BARNOTES
COMMENTARY
The Law Society took the first step toward this new approach to regulation when it gained the authority to regulate firms in July of 2014. Within The Legal Profession Act, 1990 (the “Act”), the definition of “firm” is a sole proprietorship, a partnership, members practising in association, a corporation or any other business entity that provides legal services to the public and does not receive substantial funding from the Government of Saskatchewan. The next step of this process is the current collaboration between the law societies of Saskatchewan, Alberta and Manitoba on an initiative that relates to entity regulation, compliance-based regulation and alternative business structures (ABS), which includes non-lawyer investment in legal practices, multi-disciplinary practices (MDPs), feesharing with non-lawyers and the provision of non-legal services by legal practices. The Prairie Law Societies will soon be releasing a joint research paper examining these issues. The paper will be used by a Task Force, consisting of staff and Bencher representatives from each of the participating law societies, to undertake consultations with the profession and other stakeholders. There are many questions to be considered and we encourage all members of the Law Society to engage in the consultation process that will take place next year. Following consultation, the Task Force will develop recommendations on how to implement changes to the current regulatory regime that will pave the way for innovation in the delivery of legal services.
9. Require law firm compliance & reporting on diversity The Law Society is a member of the Law Societies Equity Network (LSEN) which has been collaborating to develop standard questions to be used by all law societies in Canada when collecting and reporting membership demographics to the Federation, in order to collect comparable data. Eventually, the data collected will be used to assess the need for programming and other initiatives to foster equity and diversity in the legal profession. Some Saskatchewan firms have begun to monitor their own diversity and support
equity-seeking groups through their voluntary participation in the Saskatchewan Justicia Project. The first goal of the Project is to support the retention and advancement of female lawyers in private practice by developing guidelines for firms on topics such as family leave, flexible working arrangements, professional development, mentorship and work environment. Justicia firms are also encouraged to track the diversity of their work place by collecting demographic data.
Benchers to be appointed based on a skills and diversity assessment.
We at the Law Society are excited about the new opportunities that these proposed changes could provide to our members.
10. Require effective rather than direct supervision of non-lawyers The Law Society is working with the Ministry of Justice to explore possibilities for expanding the scope of paralegals working under the supervision of lawyers. At the same time, we are considering the creation of a new class of legal service providers, legal technicians, who would be permitted to provide some legal services after undergoing required training and admissions assessment. This initiative will involve changes to both the unauthorized practice provisions of the Act, as well as the provisions of the Code of Professional Conduct relating to supervision requirements. Mary Ellen Wellsch has written a more extensive article on this initiative, which appears at page 12 of this publication.
11. Change the way Law Society Directors (Benchers) are selected The Futures Report recommends that Benchers should consist of both elected lawyers and appointed lawyers and nonlawyers based on experience, skills and diversity. We are in the midst of a traditional Bencher election at the time of writing, but the Law Society will be reviewing the way our Benchers are selected before the next election in 2018. We will consider different forms of representation, including the possibility of reducing the number of elected Benchers in order to allow for some
18. Ease restrictions on law students in legal clinics
In November of 2014, Law Society of Saskatchewan Rule 160, respecting services that may be performed by students-at-law, was amended to remove all prohibitions on specific tasks, other than giving or accepting a professional undertaking. Subject to prohibitions in other statutes, a student-atlaw may now perform any legal service as long as the student’s principal, who must be competent to perform the service in question, supervises the student as necessary and is satisfied that the student-at-law is competent to perform the service. In addition, as part of our initiative to broaden the scope of services that can be provided by paralegals, we will also be considering amendments to the unauthorized practice sections of the Act that would allow other non-lawyers, such as law students, to provide some legal services. While not directly related to law students, we have also added provisions to our Code of Professional Conduct which facilitate more efficient operations for legal clinics that provide short-term summary legal services. The provisions exempt such organizations from the requirement to conduct conflicts of interest searches in advance, thereby allowing for the possibility of drop-in clinics. Please see Rules 2.04(2.1)2.04(2.4) of the Code for more guidance on providing short-term summary legal services. In addition, we have added provisions to the Code that permit the use of limited scope retainers for the provision of legal services for part, but not all, of a client’s legal matter by agreement with a client. Please see Rules 2.01(2), 2.02(1.1) and 6.02(6.1) of the Code for more guidance on using a limited scope retainer.
Continued on Page 12... WINTER 2015 11
COMMENTARY
19. Develop structured, rigorous & consistent (national) pre-call training for law students
(NAS) project. The Federation’s national mobility regime requires each law society to recognize the credentials of members of the legal profession wherever they were initially licensed to practise law in Canada, and the NAS project exists to ensure that admission standards are consistent across the country.
The Law Society is participating in an initiative led by the Federation to develop and implement high, consistent and transparent national standards for admission to the legal profession in Canada, referred to as the National Admission Standards
The Law Society has approved the National Competency Profile, which sets out a list of competencies that students will be required to demonstrate before being admitted to the profession. We are currently participating in the next step, which involves
Continued from Page 11...
the development of a plan for consistent assessment of those competencies across the country. The assessment plan will also impact our current student training program, delivered by the Canadian Centre for Professional Legal Education (CPLED). We at the Law Society are excited about the new opportunities that these proposed changes could provide to our members. We encourage our members to contact the Law Society office or a Law Society Benchersif you have comments about any of these initiatives.
Expanding the Spectrum of Legal Service Providers Legal Technicians / Paralegals Mary Ellen Wellsch | Saskatchewan Ministry of Justice The Ministry of Justice in Saskatchewan is currently working with the Law Society of Saskatchewan on a project that is looking at ways to make quality legal services available to a broader range of consumers. In particular, we are looking at the possibility of modernizing and expanding the scope of legal service providers in the province to include legal technicians/paralegals.
Background A number of jurisdictions across North America have implemented or are considering expansion of legal services beyond lawyers to include other persons with training to perform particular discrete tasks related to the practice of law. As an example, paralegals have been regulated by the Law Society of Upper Canada in Ontario since 2008. Paralegals are permitted to represent a person in Small Claims Court, in the Ontario Court of Justice under the Provincial Offences Act, on summary conviction offences where the maximum penalty does not exceed six months’ imprisonment and before administrative tribunals. They are also permitted to give legal advice concerning legal interests, rights or responsibilities with respect to a proceeding before an adjudicative body or the subject matter of a proceeding, draft or assist with drafting documents for use in a proceeding, and negotiate on behalf of a person who is a party to a proceeding. In British Columbia, the Law Society has received a report from a task force on Legal Services Providers that recommends asking for a 12 BARNOTES
legislative amendment to permit the Law Society to admit people who are not lawyers as members of the Law Society, to prescribe types of legal services they could provide and what qualifications they would need to provide them. The report recommends that the Law Society provide paralegals who have met specific, prescribed education and/or training standards with a certificate that would allow such persons to be held out as “certified paralegals.” The report also recommends that the Law Society merge with the Society of Notaries Public and regulate notaries public. Notaries public are currently permitted to perform services related to real estate and drafting of wills, among other activities. As well, the state of Washington has implemented a system of “Limited License Legal Technicians”, or LLLTs. LLLTs are not fully licensed lawyers, but are licensed to assist clients, short of representing them in court, in certain limited legal matters approved by the Washington Supreme Court. Initially, LLLTs are being trained to assist clients in family law matters. There are additional examples that I will not mention here.
Why are we doing this? We know that there are many self-represented litigants in court. Studies elsewhere have shown that a large percentage of those people cannot afford a lawyer, or perceive that they cannot afford a lawyer. We also know that there are many people providing assistance or services to members of the public, whether it is a financial institution assisting with an estate, a notary public assisting with a real estate transaction, or a friend helping in Small Claims Court. If none of these people has legal training or is licensed to provide this service, the “client” could potentially be ill-served.
COMMENTARY We also know that many individuals who feel that they cannot afford a lawyer muddle through by doing it on their own, whatever “it” may be. We feel that these people would be better served by having a trained, licensed individual assisting them.
What is a legal technician? A legal technician is a person with some legal training who would, in theory, be licensed to perform some legal services that are reserved for lawyers under current legislation. In some jurisdictions they are called “paralegals”, but we are using the term “legal technician” to distinguish them from the type of person who currently works in a legal office under the supervision of a lawyer. Many of these are legal assistants who use the title “paralegal”.
What is the plan? The Law Society and the Ministry of Justice will conduct initial consultations with affected stakeholders. The consultations are intended to include courts, Crown corporations, the profession in general, Saskatchewan Trial Lawyers Association, Collaborative Law, Canadian Bar Association, Pro Bono Law, Public Legal Education Association, CLASSIC, Legal Aid, tribunals, community based organizations, notaries, paralegals, the public, insurance brokers, financial planners, and estate planners. Following consultations, recommendations will be made regarding
Lawyers Concerned for Lawyers here for you when you need it.
Lawyers Concerned for Lawyers Inc. is a non-profit corporation comprised of Saskatchewan lawyers and judges advocating for those within the legal profession who may be experiencing professional or personal stresses
whether there should be regulation of legal technicians, and if so, the form of regulation (for example, Law Society, self-regulated or other model), fields of practice to be permitted, and educational requirements. We also expect recommendations for transition of current legal services providers. Undoubtedly, for this initiative to proceed, legislation would be required. At the very least, section 30 of The Legal Profession Act, 1990 (unauthorized practice) would need to be amended to permit the new legal services providers to practice in some areas. At the most, new legislation to establish the Profession of Legal Technicians and their regulatory regime would be necessary.
What would a legal technician do? Depending on what areas of practice are permitted, legal technicians could perform a variety of functions in a variety of settings. They would likely be able to work in a law office without lawyer supervision, seeing clients independently and charging for their services. They may be able to set up an independent office, or work in other settings, such as court houses, insurance offices, or non-government organizations.
What’s in it for lawyers? Lawyers, along with everyone in the administration of justice, continue to be concerned about access to justice by many members of our society. Legal technicians may be able to alleviate some of the pressure in high demand/low return areas of law. As well, legal technicians can help to prepare unrepresented litigants for trial, which will enable trials to be conducted more smoothly and with less time spent on assisting selfrepresented litigants to navigate the various requirements. Also, in some rural communities where there are limited numbers of lawyers, having a legal technician in the community will help to resolve conflicts of interest. In large firms, the obligation to supervise the paralegal would be eliminated if that person is certified as a legal technician, saving lawyers time and effort in running the firm.
or difficulties. Professional and confidential assistance is available to law students and Law Society of Saskatchewan members and their families whose lives are impacted by personal or professional problems. Assistance is provided
Finally, clients will appreciate a knowledgeable person who is readily available to meet with them.
at no cost to all those who qualify for the program.
What now? Any lawyer or paralegal that is interested in participating in this project in some way is encouraged to come forward.
1.800.663.1142
TTY: 1.888.384.1152 www.homewoodhumansolutions.com
You can contact Mary Ellen Wellsch at the Ministry of Justice or Barbra Bailey at the Law Society of Saskatchewan. • Mary Ellen Wellsch: maryellen.wellsch@gov.sk.ca • Barbra Bailey: Barbra@lawsociety.sk.ca
WINTER 2015 13
COMMENTARY
Posting and Release of Security for Condominium Plans Sheri HUpp | Saskatchewan Ministry of Justice I n June of 2014, The
Condominium Property Act, 1993 and The Condominium Property Regulations, 2001 were amended. These amendments included some changes to the posting and releasing of security by developers for new condominiums developments that include residential units. Here are some questions and answers to assist the developers that you represent: What is the applicable legislation? The current Act is The Condominium Property Act, 1993. The current Regulations are The Condominium Property Regulations, 2001. Both the Act and the Regulations contain all recent amendments and are available on the Queen’s Printer website at: qp.gov.sk.ca. When is a developer required to provide security for residential condominiums? A developer must either post security or obtain a waiver from posting security for all condominiums that include residential units. This requirement applies to new developments as well as condominiums created from building conversions. Sections 5.2 & 16 of the Act | Section 17 of the Regulations
Does the requirement to post security include condominiums that are converted from other types of buildings (also known as condo conversions)? Yes. Effective June 16, 2014 developers must post security for residential condominium developments that are converted from already existing building structures. Examples of this include: Apartment buildings; Buildings used for commercial retail purposes; or Warehouse lofts. Sections 5.2 & 16 of the Act | Section 17 of the Regulations
14 BARNOTES
What is the security meant to protect? The security protects completion of the condominium’s common property, common facilities and services units promised by a developer. Examples of this may include: landscaping, paving or elevators. In addition, where the development is a phased condominium as defined under the Act, the security protects completion of the subsequent phases promised by a developer. This type of development has become less common. Sections 5.2 & 16 of the Act Are there any situations where a developer does not have to post security? Yes. A developer is not required to post security if: • The developer has not promised to complete any property or common facilities; or • The developer has already completed all the common property and common facilities at the time that the Developer’s Declaration is completed. In these situations, the requirement to post security may be waived. Sections 5.2 & 16 of the Act | Section 17 of the Regulations Who makes the decision about the posting and release of security? Under the Act, the Minister of Justice and Attorney General is responsible for decisions about the posting and release of security, and also to keep safe the security that has been posted. The Minister has assigned this to the Office of Public Registry Administration (OPRA) at the Ministry of Justice. Contact the OPRA at condos@gov.sk.ca. Sections 16 & 22 of the Act At what point in the condominium development process must security be posted?
Prior to the raising of new titles by the Land Registry for the condominium plan. New titles will not be issued for the condominium unless the packet submitted for issuing new titles contains a Developer’s Declaration – Form J that has been endorsed with either: • a Certificate of Acceptance indicating that satisfactory security has been posted; • a Waiver indicating that security is not required to be posted. What must be submitted to the Office of Public Registry Administration when a developer wants either a Certificate of Acceptance or a Waiver on a Developer’s Declaration – Form J? It depends: • If there are still promised improvements to common property, common facilities or services units to complete, or in the case of a phased development additional units to complete, the developer must submit: • A completed Developer’s Declaration – Form J; • A Certificate of Cost – Form K completed by an independent professional engineer, architect or appraiser; and • Security that meets the requirements of the regulations • If there are no promised improvements or the promised improvements are already complete, the developer must submit: • A completed Developer’s Declaration – Form J; and • A Certificate of Completion – Form M completed by an independent professional engineer, architect or appraiser. Section 17 of the Regulations, Forms J, K, M Do the documents provided to the Office of Public Registry Administration for posting and release of security have to be original? Yes. Original documentation is required.
COMMENTARY What types of security are acceptable? A developer may provide security either by providing: • a bond issued by an insurer licensed pursuant to The Saskatchewan Insurance Act to transact guarantee insurance. The bond must be in Form E as contained in the Regulations; • an irrevocable letter of credit that meets the requirements set out in section 16.1 of the Regulations. Sections 16 & 16.1 of the Regulations, Form E Who can post security? It must be posted by the developer. According to the Act, the developer is the person who was the registered owner of the buildings and land included in a condominium plan on the day on which the plan was approved and titles issued pursuant to the approved plan. Clause 2(1)(n) of the Act What is the amount of security required? The amount of security that must be posted depends on the value of the outstanding work as certified by the developer in the Developer’s Declaration – Form J. Effective June 16, 2014 a new formula was introduced setting the amount of security required to be posted. The amount of the security increases with the value of the work outstanding: • If the cost of completing the outstanding work is less than $500,000, the amount of security is equal to that cost; • If the cost of completing the outstanding work is equal to or greater than $500,000 but less than $2,500,000, the amount of security required is $500,000; and • If the cost of completing the outstanding work is $2,500,000 or greater, the amount of security is 20% of that cost. It is important to note that a different formula applied to condominiums that were titled prior to June 16, 2014. Under the prior formula, the maximum amount required to be posted was $200,000. Section 17 of the Regulations What happens if a developer has not completed the project before selling
to another developer who will complete the work? If a developer is selling its interest in a condominium project, it will not be released from responsibility to maintain security until such time as the new developer has received either a Certificate of Acceptance or Waiver from the Minister through the Office of Public Registry Administration. In addition to the documents that must be provided for every request for a Certificate of Acceptance or Waiver, the new developer must also provide a copy of the transfer, sales agreement or contract. The new developer’s Form J must be submitted to the Land Registry through an interest assignment and amendment to be registered against the title to each condominium unit. Section 21 of the Act What happens if a developer believes it may not be able to complete the work promised in the developer declaration? What alternatives exist? The Act and Regulations provides three alternatives for this situation: 1. Amendment of the Developer’s Declaration. The declaration may be amended to remove items if the developer obtains approval from: • the corporation in the form of a special resolution (2/3 majority approval); and • the approval of the Minister through the Office of Public Registry Administration. In this situation, the developer should first reach agreement with the corporation and submit this along with their request to the Office of Public Registry Administration. If approval to amend the declaration is obtained, then the interest registered against all condominium titles must be amended by the developer in the Land Registry. 2. Proceed directly requesting release of the security. The security will be released if: • the majority of the units have been sold, the condominium board elected, and the developer enters into an agreement with the condominium based on a unanimous resolution of owners;
• the agreement and the unanimous resolution under seal of the condominium corporation are provided to the Minister. In this situation, the developer should first reach the agreement with the condominium corporation and provide it together with the unanimous resolution of the condominium corporation to the Office of Public Registry Administration. 3. Obtain a court order directing release of the security. The developer may make an application requesting that the court direct that the security be released. Section 18 of the Act / Section 18 of the Regulations When may the security be released? It is possible for the security to be released in two stages by the Office of Public Registry Administration on behalf of the Minister: •
On more than 50% completion of the items listed in the Developer’s Declaration – Form J, the developer may request a 50% reduction of the security posted. The request must include a Certificate of Completion – (50% Reduction) – Form I. This Certificate is an independent assessment from a professional engineer, architect or appraiser certifying the level of completion of the work promised in the Developer’s Declaration. • Once all of the work set out in the Developer’s Declaration – Form J has been completed, the developer may request the release of security at any time. The request for the release of the security must include a Certificate of Completion – Form M. The Certificate of Completion is an independent assessment by a professional engineer, architect or appraiser certifying that the work promised in the Developer’s Declaration – Form J has been completed. Sections 18 & 19 of the Regulations Will the condominium corporation be notified if the developer has requested release of the security, either in full or in part? Yes, notice is sent to the condominium corporation at the address for service that is registered in the Corporate Registry. Continued on Page 16... WINTER 2015 15
COMMENTARY • Return the original security (whether bond or letter of credit) to the issuing institution, advising of the release.
Continued from Page 15...
Section 18 of the Regulations What is in the notice sent to the condominium corporation advising of the developer’s request for full release of security?
The notice from the Office of Public Registry Administration at the Ministry of Justice advises that: • the Developer has made the request for release of security by submitting a Certificate of Completion – Form M from an independent engineer, architect or appraiser; • the request has been accepted as of a specific date set out in the letter; • the condominium corporation has 30 days from that date to raise any objections that it may have to the release of the security; • if no objections are made by the condominium corporation within those 30 days, the security will be released. Section 18 of the Regulations
What can a condominium corporation do if it objects to the release of the security? If a condominium corporation receives a notice advising that a request for release of security has been made and it objects to the release of the security it must raise its objections within the time frame set out in the notice. It can do so by contacting the Office of Public Registry Administration at condos@gov.sk.ca. Section 20 of the Regulations If the 30 days has elapsed and there is no objection from the condominium corporation what happens next?
If the 30 days has elapsed, and there are no objections, the Office of Public Registry Administration may release the security. At that time the Office of Public Registry Administration will: • Send notice to the condominium corporation advising that the security has been released; • Send notice to the developer (or its agent) advising that the security has been released together with the endorsed Form M indicating approval of the release of the security; 16 BARNOTES
• Following release of the security, the developer should submit its application to the Land Registry to discharge the interest based on the Developer’s Declaration – Form J. The endorsed Form M must be included in the packet. Section 18 of the Regulations If the condominium corporation objects to the release of the security what happens next? If a condominium corporation or its lawyer raises an objection to the release of security by advising the Office of Public Registry Administration at condos@gov.sk.ca, the Office will review the objection and compare it against promised items contained in the Developer’s Declaration – Form J. If there are questions about the objection, the Office may contact the condominium corporation and ask for further information. The Office will advise the developer of an objection that has been raised, and recommend that the developer and condominium corporation negotiate a solution to the concerns. If a solution cannot be negotiated, either party may apply to the courts for an order providing direction as to whether the security (in part or in full) should be released to the developer or be paid to the condominium corporation. In this situation, you may want to consult a lawyer to give you advice or act on your behalf. Section 20 of the Regulations
What are the situations where the security will not be returned to the developer, and if it is not returned to the developer, who will the money be paid to? There are circumstances where the security (or a portion of the security) may not be returned to the developer. It may not be returned where: •
•
The developer was building a phased condominium under the Act with the completion of subsequent phase individual units (as set out in the Developer’s Declaration – Form J) and the subsequent phases were not completed within the time allowed under section 17(2) of the Act; The court directs that the money not be
returned to the developer, and the time for an order from the judgment of the court has expired; The developer has committed an act of bankruptcy.
In these situations, the Office of Public Registry Administration may pay the money protected by the security to: • The local registrar of the court in trust for any parties who have or will have a judgment from the court directing payment of money to them; • Parties such as a trustee, receiver or liquidator legally entitled to act on behalf of the developer; • Anyone that the Minister of Justice and Attorney General considers entitled to the money for a claim against the condominium development. Section 20 of the Regulations
What if the condominium corporation or condominium unit owner is dissatisfied with the developer’s construction or completion of the condominium? In most circumstances the security posted by the developer with the Ministry of Justice will only be available for completion of items set out in the Developer’s Declaration – Form J. If unit owners are dissatisfied with the developer’s completion of other elements of the condominium, they may be able to take other courses of action. There may be contractual rights available under the agreement entered into with the developer. In addition, some developers participate in a voluntary program offering coverage for new homes, called the Saskatchewan New Home Warranty Program. Information on the program can be found at nhwp.org.
COMMENTARY
Lawyer by day, Hypnotist by night! Lora Bansley | Information Services Corporation Bernard Duchin is a partner with the law firm Duchin Bayda & Kroczynski and a busy real estate lawyer. He also has a unique and interesting hobby - hypnotism. Bernard first became interested in hypnotism when he attended a stage hypnotism show put on by Wayne Lee, some fifteen years ago. However, his busy life with a law practice and young family kept him from actively pursuing this hobby, but he kept his interest alive by continuously reading about hypnotism and the power of the subconscious. It was not until two years ago that he took his interest to a new level. He enrolled in a four-day stage hypnotism course in Edmonton put on by Wayne Lee. He advised that for many years he had been looking for a course to attend but most of them are focused on teaching hypnotherapy, which is the treatment of a variety of health conditions using hypnotism. Many people have misconceptions as to what hypnotism truly is. Hypnosis is to draw a person into a mental state that is receptive to suggestion. Psychiatrists theorize that the deep relaxation and
focusing exercises of hypnotism work to calm and subdue the conscious mind so that it takes a less active role in a person’s thinking process. In this state, you are still aware of what is going on, but your conscious mind takes a backseat to your subconscious mind. Effectively, this allows you and the hypnotist to work directly with the subconscious. Bernard advises that he is interested in hypnotism for entertainment versus hypnotherapy, although what fuels his interest goes far deeper than entertaining a crowd. The power of the mind, and how to tap into the power of the subconscious, is a large part of what fueled Bernard’s interest in pursuing this unique hobby. In Bernard’s words, “we can accomplish so much more than we allow ourselves to, because our conscience inhibits that ability.” After taking the course, Bernard was not yet ready to hit the stage and perform; he continued to read about hypnotism and watch online videos. However, he realized that practice was the key to sharpening his new skills. He began early on with volunteers ranging from relatives, friends,
his children’s friends, and the occasional bartender. Word soon spread, and he was regularly holding sessions of a few volunteers at a time. At the time of writing, Bernard has done over five formal stage shows as well as numerous informal, and one-on-one, hypnotism sessions. What he enjoys the most about his shows and hypnotizing people is helping participants learn how powerful and valuable the subconscious is in helping them to succeed in life. Some hypnotism shows can be quite risqué and embarrassing for those that volunteer to be hypnotized. Bernard’s shows are full of good clean humour that has the crowd laughing. He mentions that his goal “is to never make anyone feel bad or remorseful about coming on stage.” The shows focus on being funny without really embarrassing his participants, and he will never make someone do something that he can tell they are uncomfortable with. The largest crowd he has performed in front of had 9 participants hypnotized, and an audience of about 200. This was the Royal Bank Awards Banquet. When asked about the differences from his first show and his fifth, he said he Continued on Page 18...
Bernard entertaining a crowd with one of his hynotism shows.
WINTER 2015 17
COMMENTARY
Continued from Page 17...
has become more effective at inducing participants to a state of hypnosis, which comes with learning to read people more effectively. He has also learned what gets a laugh and what does not. Bernard shares that virtually everyone has the power to be hypnotized, but two conditions must exist in order for it to work: 1) You have to want to be hypnotized; and 2) You need to believe that the hypnotist has the ability to do it.
Contrary to what most people believe, Bernard indicates that the more intelligent a person is the easier they are to hypnotize. This is because the more intelligent a person is, the more they have control over their mind and have the ability to fully concentrate. Just about everyone can be hypnotized if they want to be, and some just take longer than others. The most enjoyable part of his hobby is helping people. He has worked with people to help them sleep better at night, and feels that the true power of hypnotism is “giving people the ability to feel good for no good reason, and showing people how to choose to feel good.” Recently on a trip to Cozumel, Bernard was discussing his hobby with a bartender. After talking
with him he did a couple exercises to demonstrate the power of suggestion, which involved the suggestion of tying a balloon to a person’s hand and suggesting that it lifts their arm up over their head. The next day when he was checking out, the bartender made a point of being in the lobby to come talk to Bernard and share with him that he had a shoulder issue for years and now was able to lift his arm up past shoulder height. When asked about where he sees his hobby going in the future, Bernard has said that he will continue it as a retirement hobby. He does not charge for his shows, so he is not about to quit his day job anytime soon.
APPOINTMENTS On November 13, 2015, Steven Schiefner was appointed to the Provincial Court in Prince Albert. “Over the past 20 years, Judge Schiefner has demonstrated a dedication to public service and the practice of law,” Justice Minister and Attorney General Gordon Wyant said. “His education, professional experience and community involvement make him an outstanding judicial appointment.” Judge Schiefner graduated from the College of Law at the University of Saskatchewan and was admitted to the Bar in 1994. He has worked in private practice and the public sector. Most recently, he was the Vice-Chairperson of the Saskatchewan Labour Relations Board where he was appointed in 2008. Throughout his career, Judge Schiefner has been actively involved in numerous community activities, including the Moose Jaw Cultural Centre, Vice-Chairperson of the Moose Jaw Museum and Art Gallery, a volunteer relief worker with the Canadian Red Cross and a board member with the Regina Beach Yacht Club.
TICKETGown ORDER FORM 6th Annual to Gown Friday January 31, 2014 TCU Place, Saskatoon Lawyers’ Charity Gala
5th Annual Lawyers’ Charity Gala Name:
_________________________________________________________
Law Office:
_________________________________________________________
Address:
_________________________________________________________
January 29, 2016 Proceeds to CLASSIC
(NOTE: address and postal code required in order to issue a charitable receipt)
Order TickeTs: bit.ly/2016G2G
Email Address:_________________________________ Number of tickets:
Telephone: ___________
__________
Total $ Amount Enclosed: __________
FROM THE BENCH
Tickets are $150.00 ea.
□ I would like to reserve a table for eight (8) persons. □ I would like to donate a ticket (to be used by student volunteers).
(Page 19)
Charitable receipts will be issued. Please identify to whom the charitable receipt should be issued in the “Name” portion of this form. Purchase is by cash or cheque only. The out following article includes remarks made by Chief Please make cheques to “CLASSIC”.
Justice Richards at the CBA Saskatchewan Annual Donna Harris, Department of Justice Canada nd Meeting, which took place June123 18,– 22015. 10thon Floor, Avenue South
Please submit form and payment to:
Saskatoon, SK S7K 7E6 Tel. 306.975.6455 Courts giving us the opporutnity Email. donna.harris@justice.gc.ca
We appreciate the to share these comments.
Please indicate special seating requests or requirement of a vegetarian meal at time of ticket order.
18 BARNOTES
Please note that no physical tickets will be issued. An email confirmation will be sent upon receipt of payment.
FROM THE BENCH
Update from the Court of Appeal for Saskatchewan Chief Justice Richards| Court of Appeal for Saskatchewan I am pleased to have an opportunity again this year to bring the Canadian Bar Association and its members up to date about the state of affairs at the Court of Appeal. Let me begin, as I have in previous reports, by acknowledging the good work of the CBA. It is very easy for a lawyer to fall into the trap or habit of focusing on nothing but file work. The members of the CBA deserve credit for being willing to devote their time and energy to the welfare of the profession and the larger interests of our community and our legal system. I turn now to a few of the things that have been happening at the Court of Appeal since my last report. First, on what might be called the “personnel” side of things, we have said goodbye to former Chief Justice John Klebuc. He reached his 75th birthday in April and was obliged to retire. He will likely be splitting his time between Regina and a retirement home in Niagara-on-the-Lake. That leaves us with the following roster of full-time members of the Court: Justices Jackson, Ottenbreit, Caldwell, Herauf, Whitmore and Ryan-Froslie. Justice Gary Lane is our sole supernumerary judge. I can report, as well, that the Court is in a good place. We are working hard and very much working together. We are focused on three key things: (a) producing the best and most useful decisions that we can; (b) getting those decisions out promptly, and (c) ensuring that lawyers and litigants (win or lose) leave our courtroom feeling they have been heard and understood and treated with respect. Our overall workload remains reasonably steady. We disposed of 262 appeals in 2014, as opposed to 292 in the previous year. Proportionally, there is a gentle trend toward hearing more criminal appeals and fewer civil appeals. This is typical of appeal
courts across the country. That said, there has been a significant uptake in our workload this fall. We have been very busy in September and October. In terms of specific Court of Appeal initiatives undertaken during the last 12 months, I will not, of course, bother to recount all of the various changes we have made to internal procedures, operations and rules. Rather, let me briefly highlight a grab bag of some of the things that we have done and are doing which might be of more general interest. I will flag six points in this regard. 1. The Court of Appeal librarian and Joanne Colledge-Miller, a former law clerk, produced a new citation guide for the use and assistance of counsel. It has now been endorsed by the Court of Appeal, the Court of Queen’s Bench and the Provincial Court. It is also being used by the College of Law. So, for the first time, we now have a standard and common set of citation rules for the Province. 2. A couple of years ago, our Court set out to prepare and publish annotations of The Court of Appeal Act and The Court of Appeal Civil Rules. Former Justice Stuart Cameron has done all of the heavy lifting on this front and I am delighted to advise that the annotation will be published later this fall. It will, I think, immediately become a standard reference tool for lawyers who practice in our Court. We plan to make it available online as well, along with some other material on advocacy, to create a resource centre for counsel. 3. We have been working on a project to create website resources for those individuals who appear before the Court without the assistance of counsel. This is a kind of easy to follow step-by-step guide for self-
reps. We will have it online by the end of November. 4. The Court has recently enacted a Practice Directive with respect to settlement conferences. Such conferences are not mandatory but, if all parties agree to attempt settlement before the argument of a civil appeal, a judge of the Court will be made available to assist in that regard (See: Civil Practice Directive No. 8). 5. We have started looking ahead to the Court’s centenary in 2018. In connection with that milestone, we have recently secured the funding to have a proper history of the Court written. David Mittelstadt, a professional historian from Calgary, will be the author. He will work with a blue ribbon advisory committee. The end product should go a long way to helping both the bar and the general public understand the role that the Court of Appeal has played in this Province over the years. 6. We have begun asking counsel who appear in our Court to complete a questionnaire about their journey with us—what was good and what could have been better, especially in relation to our eCourt electronic documents system. We hope to use this feedback to improve our service and operations. Let me close by indicating that I very much welcome feedback with respect to the work that the Court of Appeal is doing. I would be entirely happy, at any time, to speak with any member of the Bar who has suggestions or concerns or questions in relation to the Court or, for that matter, in relation to the justice system more generally. I am all ears when it comes to the challenging and ongoing project of building and maintaining a first rate justice system. I appreciate this opportunity to share some information about the Court of Appeal and wish the CBA every success in its ongoing work. WINTER 2015 19
Special Feature
We’re celebrat ing
Years
Bar Notes CANADIAN BAR ASSOCIATION • SASKATCHEWAN BRANCH
C A N A D I A N B A R A S S O C I AT I O N • S A S K ATC H E W A N B R A N C H
Bar Notes The Voice of the Legal Profession MARCH 2001
President’s Message Public Image of Our Profession Our success as lawyers, both within and outside the legal community, is intimately linked to our reputations. Past surveys have shown that members of the public generally hold their own lawyer in high regard, and believe that they have received competent, effective and professional service whenever they have sought the assistance of their lawyer. The same surveys also indicate, however, that members of the public generally do not have a very high level of respect for lawyers in general. What is troubling for our profession is that the public sentiment (some might say cynicism) towards lawyers in general seems to be growing in influence, and with it is coming an enhanced tendency of clients to assign blame to lawyers, including blame for all aspects of the legal system, and not just those over which lawyers are responsible. Professional complaints from clients about the outcome of a lawsuit or the conduct of the lawyer representing the opposing party (typically where the client has not been successful in the lawsuit) are not uncommon. CBA members from all across Canada have expressed that the public image of our profession is their number one professional concern. In response the CBA has developed the Lawyers Care Initiative; a four component initiative aimed at addressing in a positive and proactive way the public image of lawyers. One component of the Initiative is a client service handbook.“7 Keys to Great Client Service” contains checklists, a sample survey form, and practical information on improving the lawyer-client relationship, practical advice that all lawyers — private practitioners, public sector lawyers, corporate counsel — can use when dealing with people who use legal services. With the generous support of the Canadian Bar Insurance Association the “7 Keys to Great Client Service” has been produced and was recently distributed to all 37,000 CBA members. Another component of the Lawyers Care Initiative is a tasteful public campaign about the positive contributions lawyers make to society. In that regard, I am proud of the work of our Branch’s Professional Image Committee, who, with the support of the Law Society, has recently launched a poster and billboard campaign, the key message of which is “Lawyers and Clients — Partners in Problem Solving”. Although there will undoubtedly continue to be some skeptics, the message is designed to get people to start thinking about lawyers in a different light. Rather than thinking about lawyers … continued on page 2
DECEMBER 2000
VOL. XV NO. 3 I N T H I S I SS U E . . .
Jeff Grubb, Q.C.
Editor’s Notes ..................................4 Southern Exposure ..........................6 There But For the Grace of God....10 Family Law ......................................12 Intervenor Status ............................35 Publicly Speaking ..........................40 From the Bench..............................44 Section Talk ....................................45 Student’s Corner ............................46
CANADIAN BAR ASSOCIATION SASKATCHEWAN BRANCH #411, 105 – 21st Street East Saskatoon, SK S7K 0B3 Telephone: (306) 244-3898 (Local) 1-800-424-8288 (Toll Free) Fax: (306) 652-3977 e-mail: cdn.bar@sk.sympatico.ca www.cba.org
EDITORIAL BOARD Wendy Martin White (Editor) Brenda Hesje · Heather Laing Patricia McNeill McCrea Michelle Ouellette Wilfred Popoff Bar Notes is a quarterly publication of CBA Saskatchewan, provided to its members. All advertising enquiries should be directed to the Executive Director at the Branch Office. Accepting an advertisement for Bar Notes in no way implies CBA endorsement or approval of the product advertised. We are always looking for articles of interest to CBA Saskatchewan members. Submit your articles to the address shown above.
2001 – A MID-WINTER MEETING Robert G. Kennedy This year’s Mid-Winter will take place at the Sheraton Cavalier from Thursday, January 25th through Saturday, January 27th, 2001. The event promises fun, laughter, and education and prays for at least tolerably good weather. We will kick it off on Thursday night with the Exhibitors’ Reception, hot and cold hors d’oeuvres, and a chance to meet old friends and make new ones. CLE Highlights The plenary session Friday morning will be devoted to lawyers and the media. John Gormley, well known lawyer and radio talk show host, will begin with a presentation of the do’s and don’ts of media encounters. John will entertain with some timely comments and anecdotes which you will find to be both interesting and informative. A panel consisting of Media Relations Consultant Bill Petersen, local Lawyer and ex-radio Talk Show Host Geoff Dufour, and Newspaper Columnist Les MacPherson, moderated by John Gormley, will offer their advice on what can be done to improve the image of the legal profession. The educational program will continue Friday afternoon and all day Saturday with a wide range of topics and subject areas from which to choose. The sessions include: •
•
a discussion of compensation for the wrongfully convicted and wrongfully accused. James Lockyer, who was counsel to Guy-Paul Morin, will talk about the lessons that can be learned from the Morin Inquiry and Hersh Wolch, counsel to David Milgaard will, together with Peter MacKinnon, discuss some of the difficult issues concerning the question of compensation. a timely presentation directed at the financial affairs of, and the financial abuse of, the elderly. The Dependent Adults Act has recently been amended after an in-depth review of the law and reforming the law concerning Powers of Attorney is high on the legislative agenda.
C A N A D I A N B A R A S S O C I AT I O N • S A S K ATC H E W A N B R A N C H
Barry H. Rossmann, QC It seems like only a few short weeks ago that I sat down to write my first President’s message. In fact, the better part of a year, and my term, has passed. As I sketched my article, my thoughts kept drifting back to the words of a bumper sticker I saw last year while driving to a CBA Dinner. It was simple and yet profound. It said, “If you ignore your rights, they will go away.” That simple little sticker says so much about the purposes of the CBA, and the incredible amount of valuable work done by its volunteers and staff to protect our rights. This was brought home dramatically by the fall-out from the September 11th attack on the World Trade Centre which saw international terrorism brought to our continent. We no longer just watch it from afar. It is here. That is a very sobering and frightening thought. But what was also frightening was the potential for over-reaction by our citizens and our government. This was exemplified by legislation such as the Anti-Terrorism Bill. It is not that the CBA is necessarily opposed to the good intentions behind the Bill, but the CBA felt strongly that the rights of citizens must be protected from overreaction. The CBA immediately sprang into action, conducted a detailed review of the Bill, drafted a detailed and well-reasoned analysis of the Bill and presented it to Parliament. As a result, numerous changes were made which lessened the unnecessary encroachment upon rights of citizens. Similarly, protection of the rights of citizens was at the forefront of the challenge the CBA and the Federation of Law Societies made to the money laundering legislation, the “secret” reporting provisions of which make an unprecedented attack upon solicitor and client privilege. Without full and proper protection of solicitor and client privilege, the trust that is so essential to the solicitor and client relationship may be damaged and, as a result, the ability of lawyers to fully and properly advise their clients may be compromised. Now that interim orders of courts in five provinces have been obtained suspending the effect of the Bill until the final challenge is heard in the British Columbia test case, the Federal Government has agreed to apply the initial ruling made in British Columbia across Canada, pending the final hearing. … continued on page 4
CANADIAN BAR ASSOCIATION SASKATCHEWAN BRANCH #411, 105 – 21st Street East Saskatoon, SK S7K 0B3 Telephone: (306) 244-3898 (Local) 1-800-424-8288 (Toll Free) Fax: (306) 652-3977 e-mail: cdn.bar@sk.sympatico.ca www.cba.org
EDITORIAL BOARD Michelle Ouellette (Editor) Brenda Hesje · Heather Laing Patricia McNeill McCrea Wilfred Popoff Bar Notes is a quarterly publication of CBA Saskatchewan, provided to its members. All advertising enquiries should be directed to the Executive Director at the Branch Office. Accepting an advertisement for Bar Notes in no way implies CBA endorsement or approval of the product advertised. We are always looking for articles of interest to CBA Saskatchewan members. Submit your articles to the address shown above.
CANADIAN BAR ASSOCIATION SASKATCHEWAN BRANCH #411, 105 - 21st Street East Saskatoon, SK S7K 0B3 Telephone: (306) 244-3898 (Local) 1-800-424-8288 (Toll Free) Fax: (306) 652-3977 e-mail: cdn.bar@sk.sympatico.ca www.cba.org
EDITORIAL BOARD
Wendy Martin White (Editor) Ron Dumonceaux Brenda Hesje • Heather Laing Patricia McNeill McCrea Michelle Ouellette Wilfred Popoff • Dawn Pritchard Bar Notes is a quarterly publication of CBA Saskatchewan, provided to its members. All advertising enquiries should be directed to the Executive Director at the Branch Office. Accepting an advertisement for Bar Notes in no way implies CBA endorsement or approval of the product advertised. We are always looking for articles of interest to CBA Saskatchewan members. Submit your articles to the address shown above.
FALL 2001
SPRING 2002
President’s Message Barry H. Rossmann, Q.C. Once in a while it is useful to look at where one has been in order to assess where one is now. So where has the CBA been, where has it come from? According to CBA records the association’s first annual meeting was held in Montreal in 1896. However the CBA has been in continuous existence in its present form since 1914. It was incorporated in 1921. The stated objects of the corporation included the following: “The objects of the Association shall be to advance the science of jurisprudence; promote the administration of justice and uniformity of legislation throughout Canada so far as is consistent with the preservation of the basic systems of law in the respective provinces; uphold the honour of the profession of the law, and foster harmonious relations and cooperation among the incorporated law societies, barristers’ societies and general corporations of the Bars of the several provinces and cordial intercourse among the members of the Canadian Bar; encourage a high standard of legal education, generally to do all further or other lawful acts and things touching the premises.” Saskatchewan was an early contributor to the CBA, Regina playing host to the 1927 annual meeting. To date Saskatchewan has provided two national presidents, Mr. E. C. Leslie, O.C., LL.D, D.C.L., in 1956-57 and Mr. R. H. McKercher, Q. C., in 1983-84. Saskatchewan again hosted the organization’s annual meeting at Saskatoon in 2001, and Mr. F. W. Johnson Q.C., current second vice president, will assume the president’s chair in 2003. Throughout the years Saskatchewan members have contributed generously to the organization by way of volunteering their time and expertise on numerous committees, sections, and task forces of the organization. Although they have been restated from time to time over the years, the original objects still describe the organization’s purposes, goals and objectives. A brief examination of a few of the recent activities and accomplishments of CBA National and our Branch shows that it has been true to, and is succeeding in, these purposes. CBA National and the Branch have long had Legislation and Law Review Committees which analyze and comment upon legislation proposed by government, and propose legislation which would assist or improve the administration of justice as well as the lives of our members and citizens. The CBA speaks out when our legal system and our judiciary come under attack. The judicial independence video, which was created in Saskatchewan,
From the Trenches .......................... 6 T HEME A RTICLES :
Labour & Employment Law .......... 8 From the Bench ............................ 24 Section Talk .................................. 25 Publicly Speaking .......................... 27 Student’s Corner .......................... 29 Debate ............................................ 30
CANADIAN BAR ASSOCIATION SASKATCHEWAN BRANCH #411, 105 – 21st Street East Saskatoon, SK S7K 0B3 Telephone: (306) 244-3898 (Local) 1-800-424-8288 (Toll Free) Fax: (306) 652-3977 e-mail: cdn.bar@sk.sympatico.ca www.cba.org
EDITORIAL BOARD Michelle Ouellette (Editor) Brenda Hesje · Heather Laing Patricia McNeill McCrea Wilfred Popoff Bar Notes is a quarterly publication of CBA Saskatchewan, provided to its members. All advertising enquiries should be directed to the Executive Director at the Branch Office. Accepting an advertisement for Bar Notes in no way implies CBA endorsement or approval of the product advertised. We are always looking for articles of interest to CBA Saskatchewan members. Submit your articles to the address shown above.
I N T H I S I SS U E . . .
BARRY H. ROSSMANN of Saskatoon was elected President of the Canadian Bar Association, Saskatchewan Branch. Mr. Rossmann received his law degree, with distinction, from the University of Saskatchewan in 1979. Called to the Bar in 1980, Mr. Rossmann was in private practice with McKercher McKercher & Whitmore until 1986 when he joined the Saskatoon City Solicitor’s Office. There, his main areas of expertise are civil litigation and administrative law, with a primary focus in labour, employment and police law. Past service to the Branch includes: nominee on Small Claims Court Revision Committee; member of the Legislation and Law Review Committee since its inception in 1988 as well as its Chair from 1998 to 2001; Treasurer; and Vice-President. As President of the Branch, Barry’s goal is to build upon communication initiatives already underway with a view to demonstrating and highlighting the positive contribution of lawyers to our communities. He will also strive for greater membership representation from all groups and areas of the profession. RALPH OTTENBREIT, Q.C. of Regina was elected Vice-President of the Canadian Bar Association, Saskatchewan Branch. Mr. Ottenbreit graduated from the University of Saskatchewan in 1975. A partner with Robertson Stromberg in Regina, his present areas of practice include criminal litigation and general and family civil litigation. In the past he has been an agent for both the Provincial and Federal Attorneys General and also for the Federal Solicitor General doing interception of private communications. Mr. Ottenbreit served the Branch as an elected member of National Council and has been a member of the Branch Executive Committee during the past year as Treasurer.
The 2001–2002 edition of the CBA Legal Directory and Day Planner will be ready for distribution mid-October 2001. If you haven’t already ordered yours, call the Branch Office at 1-800-424-8288 (244-3898 in Saskatoon). Cost is $25 plus postage for CBA members and $50 plus postage for non-members.
President’s Message ........................ 2 Editor’s Notes ................................ 3 Board of Directors Report ............ 4 From the Trenches ........................ 5 There But for the Grace of God .. 7 Theme Articles Ethics & Responsibility ............ 10 From the Bench .......................... 22 Section Talk .................................. 22 Publicly Speaking ........................ 23
CANADIAN BAR ASSOCIATION SASKATCHEWAN BRANCH #411, 105 – 21st Street East Saskatoon, SK S7K 0B3 Telephone: (306) 244-3898 (Local) 1-800-424-8288 (Toll Free) Fax: (306) 652-3977 e-mail: cdn.bar@sk.sympatico.ca www.cba.org
EDITORIAL BOARD Michelle Ouellette (Editor) Brenda Hesje · Heather Laing Patricia McNeill McCrea Wilfred Popoff Bar Notes is a quarterly publication of CBA Saskatchewan, provided to its members. All advertising enquiries should be directed to the Executive Director at the Branch Office. Accepting an advertisement for Bar Notes in no way implies CBA endorsement or approval of the product advertised. We are always looking for articles of interest to CBA Saskatchewan members. Submit your articles to the address shown above.
C A N A D I A N B A R A S S O C I AT I O N • S A S K ATC H E W A N B R A N C H
Bar Notes The Voice of the Legal Profession
VOL. XVI NO. 3 I N T H I S I SS U E . . . Distinguished Service Award .......... 4
VOL. XVI NO. 1
Executive Announcement
The Voice of the Legal Profession
VOL. XVI NO. 4 I N T H I S I SS U E . . . Community Service Award ..............5 From the Trenches ..........................6 Theme Articles: Legal Issues in Health & Medicine............7 Professional Image Chair Report ..28 From the Bench..............................29 Publicly Speaking ..........................31 Law Day ..........................................32 Student’s Corner ............................35
President’s Message ........................3 Editor’s Notes ..................................4 Intervenor Status ..............................7 There But For the Grace of God....12 Publicly Speaking ..........................16 Aboriginal Law ..............................18 From the Bench ............................35 Section Talk ..................................38 Student’s Corner ............................40
Bar Notes
The Voice of the Legal Profession SUMMER 2002
The Voice of the Legal Profession
VOL. XV NO. 2
IN THIS ISSUE...
C A N A D I A N B A R A S S O C I AT I O N • S A S K ATC H E W A N B R A N C H
Bar Notes President’s Message
C A N A D I A N B A R A S S O C I AT I O N • S A S K ATC H E W A N B R A N C H
Bar Notes
The Voice of the Legal Profession
SPRING 2003
President’s Message The Saskatchewan Branch of your CBA has been very busy since my last report. Our Mid-Winter Meeting was held on February 7th at the Delta Hotel in Saskatoon. It was, without question, a huge success. Due to the strength of our Continuing Legal Education programs during the meeting, and the commitment and support of the profession and our members, attendance increased over last year. The one-day format appears to be working very well. We were very pleased to have Mr. Justice Bastarache of the Supreme Court of Canada give the opening address to meeting attendees. Brian Midwinter QC, President of the Manitoba Bar Association, was also in attendance at our Mid-Winter meeting and brought greetings. On the evening of February 7th we capped off our Mid-Winter Meeting with the recognition of SKLESI Volunteers, Randy Sandbeck and Greg Walen, and the presentation of the CBA’s Distinguished Service Award to Chief Justice W. F. Gerein. We were pleased to be able to present the award to the Chief Justice. The CBA is thankful for his commitment to our organization and to the profession generally. The Executive is grateful to Chris Donald and his Mid-Winter Meeting Planning Committee for the excellent work in organizing this conference and for insuring that it ran smoothly and was successful. Immediately prior to the Mid-Winter Meeting we held our Council meeting. Chris Pike of St. John’s, Newfoundland, a candidate for National 2nd Vice-President, joined us and addressed Council. We were also pleased to have with us, Michael Law, a National Co-Chair of SOGIC who updated Council on the mandate of the conference, and offered assistance and encouragement in setting up a conference or section in Saskatchewan. Anne Wallace, QC, our Treasurer, reported that CBA Saskatchewan was on budget as of the beginning of February, 2003. Our activities are funded primarily through memberships. We are proud that we can accomplish what we do on a very modest budget.
VOL. XVII NO. 3 It was hoped that we would be able to make our submission to the Aboriginal Justice Commission early this year. It appears now that we will be making such a submission in June. During our Council meeting Joan Bercovitch, Senior Director of Legal and Governmental Affairs from the National Office, addressed Council members on the work that the National Office does. Last year the National Office made nearly 100 submissions of various kinds to Parliament on various laws and proposed laws. As well, your National CBA either initiated, or intervened in, litigation that had a bearing on solicitor/client confidentiality. Joan’s presentation was impressive. You can learn more about what the National CBA does by accessing information at cba.org on the internet. The CBA continues to work with Information Services Corporation respecting improvements to the Land Titles system. Prior to the last round of … continued on page 2
I N T H I S I SS U E . . . Branch Mid-Winter Meeting . . . . . . . . . . . . 4 From the Trenches . . . . . . . . . . . . . . . . . . . . 8 Theme Articles: Environmental and Resources Law . . . . . . . . . . . . . . . . . . . . 9 From the Bench . . . . . . . . . . . . . . . . . . . . . 21 Publicly Speaking . . . . . . . . . . . . . . . . . . . . 24 Saskatchewan Legal Lore . . . . . . . . . . . . . . 26 The Law at Work . . . . . . . . . . . . . . . . . . . . . 27 Law Day . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Students’ Corner . . . . . . . . . . . . . . . . . . . . 30 Calendar of Events . . . . . . . . . . . . . . . . . . . 31
C A N A D I A N B A R A S S O C I AT I O N • S A S K ATC H E W A N B R A N C H
Bar Notes The Voice of the Legal Profession FALL 2002
Executive Announcement RALPH OTTENBREIT, QC of Regina assumed the office of President of the Canadian Bar Association, Saskatchewan Branch. Mr. Ottenbreit graduated from the University of Saskatchewan in 1975. A partner with Robertson Stromberg in Regina, his present areas of practice include criminal litigation and general and family civil litigation. In the past he has been an agent for both the Provincial and Federal Attorneys General and also for the Federal Solicitor General doing interception of private communications. Mr. Ottenbreit served the Branch as an elected member of National Council and has been a member of the Branch Executive Committee during the past two years as Treasurer and VicePresident. As President of the Branch, Ralph’s objectives include: increasing the profile of the CBA in Saskatchewan; continued monitoring of the implementation of the Land Title System; encouraging the proper funding of legal aid; continuing the lawyers’ image campaign; and the promotion of civility within the legal profession. ROBERT W. LEURER of Regina assumed the office of Vice-President of the Canadian Bar Association, Saskatchewan Branch. Mr. Leurer graduated from the University of Saskatchewan in 1984 and then clerked to the Honourable Mr. Justice W. Z. Estey of the Supreme Court of Canada. After completing his clerkship, he returned to Saskatchewan, to practice at MacPherson Leslie & Tyerman LLP. Mr. Leurer conducts a civil litigation practice, with an emphasis on commercial, insurance and agricultural claims. Mr. Leurer has served on various committees of the Branch including the Mid-Winter Planning Committee in Regina for several years and as Chair in 2000. He has been a member of the Branch Council and Executive Committee for the past year as Treasurer. Beyond his contributions to the CBA, Mr. Leurer frequently speaks on issues of substantive law both within Saskatchewan and beyond.
VOL. XVII NO. 1 I N T H I S I SS U E . . . Meet the Executive.......................... 2 President’s Message ........................ 3 From the Trenches .......................... 5 Theme Articles: Technology and the Law .............. 6 Guest Speaker: Colin Knee .......... 16 Publicly Speaking ........................ 17 Saskatchewan Legal Lore................ 20 Calendar of Events ........................ 23
The 2002–2003 edition of the CBA Legal Directory and Day Planner will be ready for distribution mid-October 2002. If you haven’t already ordered yours, call the Branch Office at 1-800-424-8288 (244-3898 in Saskatoon) Cost is $25 plus GST and postage for CBA members and $50 plus GST and postage for non-members.
C A N A D I A N B A R A S S O C I AT I O N • S A S K ATC H E W A N B R A N C H
Bar Notes The Voice of the Legal Profession
FALL 2003
Executive Announcement ROBERT W. LEURER of Regina was elected President of the Canadian Bar Association, Saskatchewan Branch. Mr. Leurer graduated from the University of Saskatchewan in 1984 and then clerked to the Honourable Mr. Justice W. Z. Estey of the Supreme Court of Canada. After completing his clerkship, he returned to Saskatchewan, to practice at MacPherson Leslie & Tyerman LLP. Mr. Leurer conducts a civil litigation practice, with an emphasis on commercial, insurance and agricultural claims. Mr. Leurer has served on various committees of the Branch including the Mid-Winter Planning Committee in Regina for several years and as Chair in 2000. He has been a member of the Branch Council and Executive Committee as Treasurer and Vice-President. Beyond his contributions to the CBA, Mr. Leurer frequently speaks on issues of substantive law both within Saskatchewan and beyond.
VOL. XVIII NO. 1 I N T H I S I SSU E. . . President’s Message . . . . . . . . . . . 3 National President . . . . . . . . . . . . 5 Legislative Update . . . . . . . . . . . . 7 From the Trenches . . . . . . . . . . . 10 Theme Articles: Our Evolving Profession. . . . . . . 11 The Law at Work. . . . . . . . . . . . . 25 FYI . . . . . . . . . . . . . . . . . . . . . . . . 27 Section Talk. . . . . . . . . . . . . . . . . 28 Saskatchewan Legal Lore . . . . . . 29
ANNE M. WALLACE, QC of Saskatoon was elected
Vice-President of the Canadian Bar Association, Saskatchewan Branch. Ms. Wallace graduated from the University of Saskatchewan in 1983 and articled with the firm of McKercher McKercher Laing & Whitmore. Ms. Wallace is a principal in the law practice Wallace Meschishnick Clackson Zawada in Saskatoon. Her practice currently includes administrative law, industrial relations, employment law, human rights and civil litigation, including commercial litigation cases. She is a mediator, adjudicator and arbitrator of disputes, including domain name disputes. She also provides skills based training in conflict resolution and prevention. Ms. Wallace has been actively involved in the CBA, at both the Branch and National level, since 1984. She has served on both Branch and National Councils as well as numerous committees including as Treasurer on the Branch Executive Committee, Chair of the National Continuing Legal Education Committee, Chair of National Sections Council, member and Chair of both Branch and National Administrative and Labour Law Sections and Chair of the Branch Mid-Winter Meeting Planning Committee.
The 2003–2004 edition of the CBA Legal Directory and Day Planner will be ready for distribution mid-October 2003. If you haven’t already ordered yours, call the Branch Office at 1-800-424-8288 (244-3898 in Saskatoon) Cost is $25 plus GST and postage for CBA members and $50 plus GST and postage for non-members.
“ WE HOPE YOU ENJOY OuR 30th ANniversary special feature.” - Ashley Smith, Editor
20 BARNOTES
th
Anniversary
On September 27, 1985, at a Branch Executive Committee meeting, it was unanimously agreed that there was a need for a Branch newsletter. And so, the first Branch Newsletter was developed. Initially, content included section activities, information on the Mid-Winter Meetings, upcoming events and items of interest for Branch Members. Over the years, it has morphed into the BARNOTES publication it is today.
C a N a d i a N C A N A D I A N B A R A S S O C I AT I O N • S A S K ATC H E W A N B R A N C H
Bar Notes
C A N A D I A N B A R A S S O C I AT I O N • S A S K ATC H E W A N B R A N C H
Bar Notes
The Voice of the Legal Profession
FALL 2005
Executive Announcement LYNN A. SMITH, of Regina, was elected President of the Canadian Bar Association, Saskatchewan Branch. Mr. Smith graduated from the University of Saskatchewan, College of Law, in 1973 and articled with the firm of McDougall, Ready, Wakeling. Mr. Smith is a partner in the law firm of McDougall Gauley where he currently conducts a general practice with an emphasis on commercial and residential real estate, corporate and commercial law, wills and estates, banking and financing, farm law and environmental law. Lynn is certified as a mediator by the Law Society of Saskatchewan and acts as a mediator and arbitrator. Lynn has served on various committees of the Branch for a number of years including as chair of various sections, Council and on the Executive Committee as Treasurer, Membership Chair and Vice-President.
The Voice of the Legal Profession
VOL. XX NO. 1 I N T H I S I SS U E… Editor’s Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meet the Executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Theme Articles: Law Practice Management . . . . . . . . . Guest Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . From The Bench. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . National News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Saskatchewan Legal Lore . . . . . . . . . . . . . . . . . . . . . . . . Section Talk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Student Corner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Calendar of Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Did You Know/Ad Index . . . . . . . . . . . . . . . . . . . . . . . .
2 3 5 6 19 21 22 24 26 28 30 31 31
Available Now!
BARRY MORGAN, QC, of Morgan Théberge in Saskatoon was elected Vice-President of the Canadian Bar Association, Saskatchewan Branch. Mr. Morgan graduated from the University of Saskatchewan, College of Law, in 1985. Barry’s practice consists primarily of work in the area of criminal law, civil litigation and family law. A past Bencher with the Law Society of Saskatchewan, Barry has served the CBA in various capacities in the past, including as Bar Notes Editor, Communications Chair, Chair of Civil Litigation North Section, on the Mid-Winter Committee, Council and most recently on the Executive Committee as Treasurer.
The 2005-2006 edition of the CBA Legal Directory and Day Planner will be ready for distribution mid-October 2005. Last year’s edition sold out.
Order today CBA members $25 + GST and postage
Non-members $50 + GST and postage
FALL 2006
VOL. XXI NO. 1
INEZ CARDINAL, a Senior Crown Prosecutor with Saskatchewan Justice in Saskatoon, was elected President of the Canadian Bar Association, Saskatchewan Branch. Inez graduated from Kelsey Institute in 1981 with a diploma in Renewable Resources and was employed as a conservation officer until 1989. She graduated from the University of Saskatchewan College of Law in 1990, and articled with Saskatchewan Justice. She practices in the area of criminal law, specializing in environmental law. She is also a sessional lecturer in human justice at the First Nations University in Prince Albert. Inez has been active in CBA Saskatchewan as a past member of the Law Day Committee, chair of the Criminal Justice North Section, a member of the Mid-Winter Planning Committee, and most recently as Treasurer and Vice-President. Her goals over the next year are to increase membership among under-represented groups, enhance the public image of lawyers and to promote the value of CBA membership. MICHELLE OUELLETTE, of McKercher McKercher & Whitmore LLP in Saskatoon, was elected Vice-President of the Canadian Bar Association, Saskatchewan Branch. Michelle graduated from the University of Manitoba in 1983 with a Bachelor of Medical Rehabilitation in Physical Therapy, and practiced as a physical therapist until 1987. She received her Bachelor of Laws from the University of Manitoba College of Law in 1990 and practiced as a prosecutor with the Dauphin County District Attorney’s Office in Harrisburg, Pennsylvania in 1990 and 1991. She articled with McKercher McKercher and Whitmore and was admitted to the Saskatchewan Bar in February of 1993. She practices in the area of civil litigation with a special interest in health law and aboriginal law. Michelle has taught at the University of Saskatchewan in both the School of Physical Therapy and the College of Veterinary Medicine and has also been a presenter at various conferences and seminars. She has been active in CBA Saskatchewan as Chair of the Civil Litigation North Section, Editor of the CBA’s Bar Notes, a member of the Queen’s Bench Bar Judicial Council and as Communications Chair and Treasurer on the Executive Committee. She has also been a member of the CBA’s National Communications Committee since 2005.
SPRING 2010
B a r
a s s o C i a t i o N
Terry J. Kimpinski, QC Leland Kimpinski LLP
What Does the CBA Do? Perhaps a better formulation of the above question is “What does the CBA do for me?” Each of us, either in our personal capacity or on a firm basis, might rightly ask this question from time to time in deciding whether to spend our hard-earned money on CBA membership. As the President of CBA Saskatchewan this year, I’d like to help answer that question for you. The first thing you should know is that the CBA is very active not only provincially, but nationally and internationally as well. Provincially, our sections programs, usually scheduled over lunch hour, are an ideal way to stay up to date on your preferred areas of practice. With the Law Society introducing mandatory continuing professional development this year, each lawyer needs to obtain an average of 12 hours per year of legal training. Sections activity will count toward this requirement. Also, the Mid-Winter Meeting was expanded to two days this year to allow registrants to obtain 12 hours of credit by attending just this one meeting.
The 2006-2007 edition of the CBA Legal Directory and Day Planner will be ready for distribution mid-October 2006. If you haven’t already ordered yours do it today. CBA members $25 + GST and postage
Non-members $50 + GST and postage
s a s k a t C h e w a N
B r a N C h
VOL. XXIV NO. 3
President’s Message I N T H I S I SS U E … Editor’s Message . . . . . . . . . . . . . . . . . . . . 2 President’s Message . . . . . . . . . . . . . . . . . 3 Meet the Executive . . . . . . . . . . . . . . . . . . 4 Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 FYI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Theme Articles: Jury Trials . . . . . . . . . . . 9 From the Bench . . . . . . . . . . . . . . . . . . . 25 Barely Barristers . . . . . . . . . . . . . . . . . . . 26 Pro Bono Spotlight . . . . . . . . . . . . . . . . . 27 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Calendar of Events . . . . . . . . . . . . . . . . . 31 Did You Know/Ad Index . . . . . . . . . . . . 31
•
BarNotes
C A N A D I A N
B A R
FALL 2009
“seed” funding for that organization’s legal disbursement fund. Recently, we were one of the three presenting sponsors of the Gown to Gown Gala in Saskatoon, the proceeds of which will go to support CLASSIC (Saskatoon’s inner city legal clinic). The Gala is intended to rotate yearly between Saskatoon and Regina and the proceeds will go to PBLS when it is in Regina. Our relationship with the University of Saskatchewan, College of Law is also probably the best of any in the country. We run all sorts of programs at the College including a welcome reception in September for the new students. Each year we host a Law Firm Showcase to highlight job opportunities in Saskatchewan for the students, benefitting both the students and Saskatchewan law firms and other employers. The How to Get a Job Workshop helps students obtain articling positions through a process of resume reviews and mock interviews. We hold annual meetings with the LSA and ALSA to solicit input from the students, and we provide two scholarships at the College. We also participate in a number of the guest lectures at the University each year. It got to the point earlier this year where I thought they were going to put up “Kimpinski go home!” signs at the College because I was there so often. We also have a great partnership with the College of Law in the form of the
The newsletter you’re reading, BarNotes, is published by CBA Saskatchewan four times a year. We also liaise with the Law Society on all kinds of issues of interest to lawyers from self-governance to title insurance, and we are fortunate to have one of the best relationships in the country between the Bar Association and the Law Society in this Province. Law day activities are organized to celebrate the Charter of Rights and Freedoms including lunches in Saskatoon and Regina with a guest speaker, the McKercher Cup moot competition for high school students, a poster contest for Grade 5 students and the Law Day Fun Run. CBA Saskatchewan is actively involved as a supporter of Pro Bono Law Saskatchewan (PBLS), having provided
•
S A S K A T C H E W A N
B R A N C H
C a N a d i a N
VOL. XXIV NO. 1
SUMMER 2010
TERRENCE J. KIMPINSKI, of Leland Kimpinski LLP in Saskatoon, was elevated to President of the Canadian Bar Association, Saskatchewan Branch for 2009-2010. Terry graduated from the University of Saskatchewan with a Bachelor of Commerce degree (1989) and a Bachelor of Laws degree with Distinction (1990). He was President of the Law Students Association from 1989-1990. He articled with Robertson Stromberg in Saskatoon, where he practiced until 1995 when he became a partner at Leland Kimpinski. Terry works in the corporate/commercial, lending, and real estate areas.
B a r
a s s o C i a t i o N
PERRY D. ERHARDT, of Olive Waller Zinkhan and Waller LLP in Regina, was elevated to Vice-President of the Canadian Bar Association, Saskatchewan Branch for 2009-2010. Perry graduated from the College of Law at the University of Saskatchewan in 1989. He articled and practiced in Melfort until joining the provincial government in 1992. He spent 9 years in the public sector before returning to private practice. He is a partner at Olive Waller Zinkhan and Waller LLP where he divides his practice between business and employment law as well as litigation. Perry has served in a number of volunteer positions ranging from Worship Committee at his church to coaching and refereeing minor hockey. He has served as a director and chair of a number of boards, including credit union and provincial crown corporation boards. Perry I N T H I S I SS U E … also advances social justice issues.
… continued on page 2
Perry has presented at CBA Mid-Winter and SKLESI seminars, served as Chair of the Business Law South Section, and spent the past year as Treasurer of the CBA, Saskatchewan Branch. He has been a committed volunteer in a number of organizations and believes everyone’s participation is critical to keeping communities vibrant, healthy and relevant.
President’s Message ................................. 3 Legal Commentary .................................. 4 Commentary: Walk a Mile in My Suit .... 7 From the Bench ....................................... 15 Barely Barristers ....................................... 16
As a keen advocate of the legal profession, Perry promotes a positive image of lawyers and the role they play in protecting the rule of law. He is committed to acting beyond the day to day file work that we undertake to advance the place of lawyers and the law as pillars of a strong, democratic society.
Pro Bono Spotlight .................................. 18
Perry, Leslie, and their two teenagers, Josh and Emily, live in Regina.
Meet the Executive .................................. 31
National News .......................................... 19 Postcard from a Lawyer ........................... 21 Student Corner ........................................ 25 CBA Professional Development .............. 29
•
s a s k a t C h e w a N
B r a N C h
BarNotes VOL. XXIV NO. 4
President’s Message Terry Kimpinski, QC Leland Kimpinski LLP
Terry has been active in the CBA at the branch level in various sections and as Chair of the 2007 Mid-Winter Meeting. He served on the Branch Executive Committee as Treasurer in 2007-2008 and as Vice-President for 2008-2009. Terry has attended numerous national CLC and mid-winter meetings, and has served on National Council for the past two years. He also served on the organizing committee when the CLC was held in Saskatoon in 2001. His other community involvements have included sitting on the boards of the Saskatoon Symphony Society, Junior Achievement, and St. Ann’s Senior Citizen’s Village. He taught commercial law at SIAST – Kelsey Campus for several years and is a past President of the Saskatoon Bar Association. Terry lives in Saskatoon with his wife, Stephanie (a former CBA National Young Lawyer’s Conference Chair) and their children, Amanda, Bethany and Connor.
I N t h I S I SS u e … Awards.................................................................................. 4 Mid Winter Meeting .......................................................... 5 Universal Firm Focus ......................................................... 8 Commentary: Natural Resources Law .............................. 9 From the Bench .................................................................26 Charity Gala........................................................................28 Barely Barristers .................................................................30 Pro Bono Spotlight ............................................................31 FYI .......................................................................................32 Notices ................................................................................34 Postcard from a Lawyer .....................................................36 Student Corner ..................................................................38
A S S O C I A T I O N
BarNotes
In contemplating my final article for BarNotes as President, I reviewed Murray Sawatzky’s final article from last year. In that article, Murray pointed out that when he began as President, the TSX index was around 13,500, and had fallen to around 10,000 when he was writing his article. I’m happy to say that when I started as President, the markets were around 10,000 and have since improved to almost 12,000. I believe this shows what a difference having the right person in the job can make. Obviously, I’m joking. If I had any actual control over the markets, my RRSPs would be doing much better than they are right now. I just couldn’t resist taking one last shot at Murray while I had a chance. On a more serious note, we should focus on the things we can actually control. As the serenity prayer goes: “Grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference”. I am reminded of the 2009 Branch Mid-Winter Meeting where consultant Jamie Watt talked about the legal profession. Specifically, he was talking about the declining public perception of lawyers and how that would affect the ability of the profession to remain self-governing. It may seem that we do not have control over public perception of the profession. To some degree, that may be true. Our litigation system, for instance, is an adversarial one. Clients are sometimes emotional about matters where lawyers are involved and they may be disappointed with certain results over which we have little control. Opposing counsel may be demonized. Family law, especially, is rife with potential for that to occur.
We are also sometimes caught in the crossfire about concerns with the justice system in general. If the public believes that an accused “got off” too easy in a criminal matter, whether being found not guilty or receiving a light sentence, then some or all of the anger may be directed at the lawyers. There are also the long held and growing concerns about the system being too slow and too expensive. The public perception of lawyers may at times be harmed by all of these things. Despite all of that, there are many things we as lawyers can do to help maintain and increase the standing of our profession in our community. I would like to touch on three areas we can all do to help. We can maintain the highest ethical and professional standards in practice, we can promote and not denigrate our profession in our dealings with the public, and we can join the CBA which is the voice of the legal profession in this country. The first thing I mentioned was to maintain the highest ethical and professional standards in practice. Most of us know that we need to do a good job for our clients but it’s much more than that. We need to refrain from demonizing the lawyer on the other side. To point to family law again, the collaborative law system may have its limitations, but it is an excellent way to take the adversarial approach out of the system. Mediation in general civil disputes is a similar endeavour.
… continued on page 2
I N t h I S I SS U E … Awards.................................................................................. 4 Universal Firm Focus ......................................................... 6 Law Day 2010 ..................................................................... 7 Words of Remembrance ....................................................11 Commentary ......................................................................15 Guest Speaker ....................................................................17 From the Bench .................................................................21 Barely Barristers .................................................................22 Pro Bono Spotlight ............................................................24 Book Review .......................................................................29 Postcard from a Lawyer .....................................................32 Student Corner ..................................................................34 Calendar of Events .............................................................35
of BarNotes C a N a d i a N
SUMMER 2011
B a r
a s s o C i a t i o N
•
s a s k a t C h e w a N
B r a N C h
BarNotes VOL. XXV NO. 4
C a N a d i a N
B a r
B a r
Summer 2012
The
Canadian
FAll 2014
a s s o C i a t i o n
•
s a s k a t C h e w a n
B r a n C h
BarNotes VOL. XXVI NO. 4
Bar
a s s o C i aT i o n
•
s a s k aT C h e wa n
BranCh
BarNotes VOl. 29 NO. 1
T H E
B r a N C h
C a N a d i a N
FALL 2011
B a r
a s s o C i a t i o N
•
s a s k a t C h e w a N
B r a N C h
BarNotes VOL. XXVI NO. 1
C a N a d i a N
B a r
WINTER 2011
a s s o C i a t i o N
•
s a s k a t C h e w a N
B r a N C h
BarNotes VOL. XXVI NO. 2
C a n a d i a n
FALL 2012
B a r
a s s o C i a t i o n
•
s a s k a t C h e w a n
B r a n C h
BarNotes VOL. xxVii NO. 1
President’s Message - 3 • Awards - 5 • Commentary - 7 • Charity Gala - 17 • Mid-Winter Meeting - 18 Appointments - 20 • Barely Barristers - 23 • Pro Bono Spotlight - 25 • Student Corner - 27 CLASSIC - 28 • Calendar of Events - 31
Bar
assoCiation
•
saskatChewan
BranCh
BarNotes VOL. xxViii NO. 1
C A N A D I A N
WINTER 2014
s a s k a t C h e w a N
VOL. XXV NO. 3
Canadian
FALL 2013
•
BarNotes
SPRING 2011
I N t h I S I SS u e …
C a n a d i a n
a s s o C i a t i o N
B A R
A S S O C I A T I O N
.
S A S K A T C H E W A N
B R A N C H
BARNOTES VOL. 29 NO. 2
The
Canadian
a s s o C i aT i o n
•
s a s k aT C h e wa n
BranCh
BarNotes
Winter 2013
The
Bar
VOL. xxViii nO. 2
Canadian
Spring 2015
Bar
a s s o C i aT i o n
•
s a s k aT C h e wa n
BranCh
BarNotes VOL. 29 nO. 3
Chief Adjudicator Dan Shapiro, QC A look into the Independent Assessment Process and its Recent Litigation
The
Canadian
Spring 2014
Bar
a s s o C i aT i o n
•
s a s k aT C h e wa n
BranCh
BarNotes VOL. xxViii nO. 3
THE CANADIAN BAR ASSOCIATION • SASKATCHEWAN BRANCH
Summer/FAll 2015
Bar Notes
VOl. 30.1
Developing Aboriginal Rights Case Law & Implications for Resource Development | PAGE 9
assisted dying: Supreme Court Averts Constitutional Showdown with Québec | PAGE 8 Get ready for the next Generation | PAGE 11
Will We Answer the Calls to Action? | PAGE 12
The
Canadian
SUMMER 2014
Bar
a s s o C i aT i o n
•
s a s k aT C h e wa n
BranCh
BarNotes VOL. xxViii NO. 4
w o N & n e h T
Special Feature
1985
Take a walk down memory lane with us... all the way back to 1985.
2015
POP Culture
POP Culture
Top Box Office Film Back to the Future
Top Box Office Film Jurrasic World
#1 Hit Song (Longest Running) Careless Whisper WHAM! Ft. George Michael 1985 Academy Awards Best Picture - Amadeus
Sports Highlights
#1 Hit Song (Longest Running) Uptown Funk Mark Ronson ft. Bruno Mars 2015 Academy Awards Best Picture - Birdman
Sports HIGHLIGHTS
Stanley Cup Champions Edmonton Oilers
Stanley Cup Champions Chicago Blackhawks
Superbowl Champions San Francisco 49ers
Superbowl Champions New England Patriots
World Series Champions Kansas City Royals
ECONOMY Average Cost of A New House $101,000 Average Median Income $22,100 Average Cost of University Tuition $1,318 – 4 Year Degree Number of Lawyers in Saskatchewan 1,211 Prime Minister of Canada Brian Mulroney (1984 – 1993)
What else happened in 1985?
World Series Champions Kansas City Royals
Economy Average Cost of a New House $312,000 Average Median Income $76,522 Average Cost of University Tuition $48,900 – 4 Year Degree Number of Lawyers in Saskatchewan 1,857 Prime Minister of Canada Steven Harper (2006 – 2015) Justin Trudeau (2015 – Present)
The Titanic was found 370 miles from Newfoundland. The first mobile phone call was made in the United Kingdom. Live Aid pop concerts in Philadelphia and London raise over 50 million for famine relief in Ethiopia. Michael Jordan is named as the NBA’s “Rookie of the Year.” Microsoft Corporation releases the first version of Windows, Windows 1.0. Sources: Box Office Mojo, IMDB, Wikipedia, LikeTotally80s.com, Usask.ca, StatsCan.gc.ca
th
Anniversary
Early editors reflect on the beginning of BarNOtes. Read on for “Reflections from a BarNOtes Editor” by Robert Thornton, QC and Judge Barry Morgan.
WINTER 2015 23
Special Feature
Reflections From a BarNotes Editor BY ROBERT THORNTON,QC
Stevenson Hood Thornton Beaubier LLP
The November 1989 Issue of this publication was the first issue under the name BARNOTES. To that point, it had been known simply as “Newsletter”. In September of that year, the Editorial Board was tasked with finding a name. As Branch Communications Chair and Editor, in arriving at the name BarNotes, I reviewed the names of the publications of other CBA Branches to ensure our name would be unique. I wanted a name that reflected both the organization and the nature of the publication. The “Bar” portion of the name, of course, signifies the CBA. The “Notes” mirrors the scope of the publication, being one that contains relatively short articles of interest to its members. The “Notes” was also derived from the concise nature of headnotes to case reports. The use of both words “Bar” and “Notes” together as one word “BARNOTES” seemed appealing. After consideration and acceptance by the Editorial Board and approval by the Branch Executive, the “Newsletter” was reborn as “BARNOTES”. The unintended musical play on words of “notes” in relation to a “bar” may have had some added appeal to the musicians of the Bar. Similarly, a colleague with a farming background was heard to refer to BARNOTES as “Barn Oats”. The masthead of this publication was also revised to include a predominant CBA logo. A similar masthead has remained, with the exception that for a short period in the mid-1990’s, BARNOTES became two words, “Bar Notes”. However, the name was later returned to its original form. 24 BARNOTES
While I was Editor from 198991, B AR N OTES was published in November, January, March and May of each Branch year. The initial edition of each term was distributed to all members of the Law Society. It featured a front page article on the numerous benefits of CBA membership. The second edition each year promoted the upcoming Branch Mid-Winter Meeting. All of the issues reported on Branch and National news affecting the Branch. The President’s Report was a regular feature with Mr. Justice Ronald Mills and Fred McBeth, QC, the Presidents from 1989-91, supplying the articles. A regular report from the Branch Past President on the deliberations of the National Executive Committee (the forerunner to the CBA Board of Directors) summarized national developments and issues affecting the Branch. A report each year from the Branch’s private bar representatives to the Uniform Law Conference of Canada highlighted the valuable work of that organization in promoting uniformity of legislation and Criminal Code revisions.
It was interesting to look back on the editions of BARNOTES from 1989 to 1991 and the substantive law topics addressed. Articles on family, agricultural, environmental, and condominium law reflected the significant developments in those areas at the time. There were two articles on the implications of the imminent Goods and Services Tax. Articles on the new Dependent Adults Act, amendments to the Saskatchewan Evidence Act, proposals for a new PPSA, and other statutes reflected the myriad of provincial legislation of the day. There were various articles on civil
th
and criminal procedure. The advent of the settlement pre-trial conference resulted in several articles evaluating the process, citing advantages, highlighting some of the issues which had arisen, and providing advice on effective participation. There was even an article on the results of a survey of Saskatchewan Queen’s Bench Judges documenting the use and value of settlement pre-trials. We also looked at ourselves with such articles as research on lawyers’ perceptions of client dissatisfaction with legal services. The foretelling in BARNOTES of things to come was reflected in a comment made by Gary Young, QC, reporting as Branch Past President and member of the National Executive Committee concerning the possible introduction of no-fault insurance in Ontario. Gary wrote: “If no-fault insurance is introduced in Ontario, it seems likely that it will just be a matter of time until it spreads to the rest of the country”. As we are all well aware, within a very few years, no-fault insurance was well-established in Saskatchewan. The early issues of BARNOTES were a rather modest eight to ten pages. The budget at the time did not permit a lengthier publication. Our costs had to be met primarily through advertising revenue. Printing costs were relatively high. Our Editorial Board would meet regularly to discuss topics for articles and possible contributors. I feel we admirably met the challenge of
Anniversary
coming up with ideas for articles that would be of interest and timely to our readers whether litigators or solicitors. With the list of topics and potential contributors formulated, we then approached the prospective writers by telephone or letter as e-mail was not in common use. Some articles were written by Editorial Board members. Once the articles were received by hand-delivery or fax, proof-reading and a tentative layout followed, and then the personal trip to the printing firm. Proofs were received from the printer and after review, the printing was authorized. Such was the very handson process for each issue which I understand continues to this day. I would like to recognize and thank the members of the Editorial Board during my term as Editor. They included The Honourable Judge Barry Morgan, Justine Batten, Ken Koshgarian, Neil MacKay, QC, and Kerry Somerville. I am also grateful to The Honourable Madam Justice Allisen Rothery, my predecessor as Editor, for her assistance. The contribution of then Branch Executive Director, Shaunne Davidson, was also invaluable. In closing, I believe the members of our Editorial Board and the contributors found their participation in the publishing of BARNOTES to be rewarding. I encourage all Branch members to contribute to BARNOTES or become involved in other Branch activities.
BarNOtes Editors: Where Are They Now? Catherine M. Zuck, QC Editor Term: 1985-1987 • 1st Editor of the Branch “Newsletter” • Developes 3 issues per year
R. Neil MacKay, QC Editor Term: 1993 – 1995
Catherine is now retired.
Ronald J. Dumonceaux Editor Term: 1995 – 1997
Allisen R. Rothery Editor Term: 1987 – 1989 • Introduces a 4th issue of the “Newsletter” Justice Rothery is a Justice of the Court of Queen’s Bench for Saskatchewan. Robert F. Thornton, QC Editor Term: 1989 – 1991 • “Newsletter” officially changes its name to “BarNotes” Robert is a partner at Stevenson Hood Thornton Beaubier LLP. Barry G.Morgan Editor TerM: 1991 – 1993 • Introduces blue header on the front cover Judge Morgan is a Judge of the Provincial Court of Saskatchewan.
Neil is a partner at MacPherson Leslie & Tyerman LLP.
Since his time serving as an Editor, Ronald has moved to British Columbia. Valerie G. Watson EDITOR TERM: 997 – 2000 Valerie is a partner at The W Law Group. Wendy Martin White Editor Term: 2000 – 2001 Since her time serving as an Editor, Wendy has moved to Manitoba. Michelle J. V. Ouellette, QC Editor Term: 2001 – 2006 • Longest serving Editor
Heather D. MacMillan-Brown, QC Editor Term: 2006 – 2010 • Publishes 2 issues celebrating the 100th anniversary of the Law Society of Saskatchewan • Introduces blue and green header on the front cover Heather is a partner at Miller Thomson LLP. Kaylea M. Dunn Editor Term: 2010 – 2014 • Moves the publication to full colour • Introduces the picture collage concept on the front cover Kaylea is a partner at McKercher LLP. Ashley M. Smith Editor Term: 2014 - current • Rebrands the front cover to reflect an editoral, magazine format • Adds a professional photographer on the Editorial Board Ashley is in-house counsel at the Saskatoon Police Service.
Michelle is a partner at McKercher LLP.
WINTER 2015 25
Special Feature
Reflections From a BarNotes Editor BY JUDGE BARRY MORGAN
Provincial Court of Saskatchewan
In 1991, the editorial board of BARNOTES consisted of Neil MacKay, QC, Kerri Somerville, myself and a certain Gordon Wyant, QC, a gentleman with whom all residents of Saskatchewan are quite familiar. (The Queen’s Counsel designations were added later for some; throughout this article, I make no distinction as to when it was earned). I contrast this with the editorial board at this time, headed up by Ashley Smith as editor, with 13 other members, all of whom are putting out a much more comprehensive product that we ever accomplished.
They say you can never go back, but sometimes it’s worth
a laugh to look at a picture of yourself some 24 years later. In looking over some past issues of BARNOTES, I reviewed the October, 1991 edition, when I was editor, and was mostly surprised to see how big my glasses were.
Back in the day, so to speak, Robert Thornton, QC, was somewhat of a mentor of mine in the Saskatchewan branch of the CBA, and I took over as editor following his term in that capacity. I was also the Communications Chair for the branch, so it was a natural fit. Following Bob was a rather daunting task, but happily he had set out a template that I was able to shamelessly follow. If I am not mistaken, it was Bob who came up with the name BARNOTES, which I have always found a little snappier than the original moniker of Newsletter. The script was up-dated as well, and those changes to the format are still in use today. Like I said, he was a tough act to follow.
26 BARNOTES
The latest edition before this one, the summer/fall edition, runs to 42 pages, is in colour, and can fairly be called a magazine. In 1991, we dealt primarily with local branch news, with some updates respecting the national scene. The October 1991 issue was 12 pages long and contained articles from then President Ken Ready, QC, Seminar Coordinator Jennifer Bailey, QC, Membership Chair Murray Walter, QC , and myself, reporting on the recent Council meeting, as well as an article outlining the CBA’s position on the judicial appointment process. Kerry Somerville penned an article on the Aboriginal Justice Review Committee, Andrew Mason gave an update on the work of the National Legislation and Law Reform Committee, and Karen Prisciak, QC, reported on the work of the Queen’s Bench Rules Advisory Committee. I found it interesting that some of the issues that were being addressed some twenty-five years ago were not all that different, in some case, than the issues facing the profession today, the difference lying in now building on the work that was done in the past. Having said that, there were, of course, various different challenges facing the legal profession in 1991. It seems to me that the biggest one was the coming into force of the Goods and Services Tax. We were all trying to adjust to the new reality, and trying to assess how to comply with the various rules and regulations dealing with it. For those of you who may not recall, it was Prime Minister Brian Mulroney and his Finance Minister Michael Wilson who introduced this tax as a replacement for the Manufacturer’s Sales Tax. Although the tax was eventually passed (7% at the time it came in, 9% when initially proposed, 5% now), there was much rancourous debate over the merits of that tax. Looking at that time period generally, in October of that year, Roy Romanow’s NDP party won a majority in this province, putting an end to Grant Devine and the Progressive Conservative’s party government. Rita Johnston became Premier of British Columbia, apparently the first female to hold that position in Canadian history.
th
Anniversary
Internationally, something called the Internet was made available for commercial use on an unrestricted basis, and the number of computers on the net reached 1 million. The web browser also came into use, as did the automobile airbag in the United States. Although cellular phones had actually been around since 1973, prior to 1991 they were all much larger and less efficient than what is in use now. 1991 saw the introduction of digital cellular technology, which basically opened up the market and helped lead us to where we are today. The burgeoning popularity of cell phones helped to push the paging industry out of business; the 1991 local phone book had a not-inconsequential section of the yellow pages devoted to that service. Our province’s population was, according to the 1991 census, 988, 928. As of January of this year, we are reportedly at 1, 132, 640. A lot has changed with the legal profession since those early days of BARNOTES, and I suppose on the 30th anniversary of BARNOTES, an anniversary edition such as this will show a completely different world. We have all changed in many ways over the years, and without trying to sound maudlin, our present is always shaped by our past. I enjoyed the years I spent as editor of BARNOTES, and I retain many close friends and acquaintances from those times. The particular issues that the profession and the CBA faces will change as time goes on, but the quality of the work, and the way in which the local branch communicates with its’ members, will continue to maintain its’ high standards.
BAr Judicial COUNCIL Reps The Bar Judicial Council deals with matters of concern between the Branch 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
Provincial Court Bonnie Missens Saskatchewan Indian Gaming Authority, Saskatoon bonnie.missens@siga.sk.ca
Suzanne Young Grayson & Company, Moose Jaw syoung@graysonandcompany.com
WINTER 2015 27
What if our food didn’t get enough to eat? As the world’s developing nations grow and eat healthier, better balanced diets, the need for nutritious food increases. But every time a crop is harvested, it takes nutrients from the soil that must be replaced. Potash, and other essential crop nutrients are responsible for half the world’s food production, helping farmers produce higher yield crops that are stronger, healthier and more abundant. Potash is the food, for the food we need. To learn more about the benefits of potash and how it’s helping power a well-fed future, visit us at PotashCorp.com.
@PotashCorp PotashCorp.com
BARELY BARRISTERS
How To Work It Hannah Zip | Knott Den Hollander The other day I attended a networking event hosted by an accounting firm in the city. The event was held in the middle of the work week and had the word “Octoberfest” in the title. Naturally, I assumed this meant that the dress code to said professional, networking event would be “Workplace Casual.” It was not. A majority of attendees were wearing suits and ties. Yes, I did indeed misinterpret the dress code for an event and was mentally transported back to my law-school-hoodiewearing-days-of-shame. This led me to think about how to dress my fabulous self for parties and social events in the future. The holiday season is fast approaching and I think it is safe to say that we all want to enjoy ourselves with glass of bubbly in hand whilst simultaneously dazzling our colleagues with our wit and fashion finesse. Since you’re far too busy and important to waste billable time figuring out what to wear, I have done the work for you. In order to work it effectively at the holiday party and not look like you skulked in for the free booze, simply follow these tips gleaned from my years of partying/ socializing and obsessive people watching: Dress If your holiday party is during the workweek, then wear what you wore to work with some minor changes. When you are getting ready in the morning, choose one of your nicer dresses or other piece of office attire that looks great with a blazer worn over top. Once the workday is done simply ditch the blazer. If the party is during the weekend then bust out your party dress. However, if you would wear it to the bar, do not wear it to the office holiday party. EVER!
Jewelry Wear an awesome piece of jewelry. Your own personal sense of style will dictate what “awesome” means to you. It could mean a statement necklace, dangly earrings, a vintage barrette, or tiara. Whatever floats your boat and puts you in a festive mood. I often use a funky accessory as an ice breaker, because talking about the weather is lame. Tights Similar to job interviews, it is wise to wear nylons or tights because you are still attending an office event. Plus cold legs covered in goose bumps do not look very festive. However, you may wear coloured or patterned tights because tis the season for frivolity. Footwear Shoes are where I personally love to shine. I will wear my highest and shiniest shoes to holiday parties. Keep in mind that the more fashionable shoes will make you want to cut your feet off after an hour or so of standing, but that’s why you’re drinking. You may also wear “funky flats”. Don whatever footwear you are comfortable and confident wearing. A word of caution: If you cannot walk in heels then do not attempt to do so while under the influence. Bring a bag to stow your heels in so that after the party you can put on boots and walk to your cab with dignity and grace. Makeup Your favourite lipstick and a few quick swipes of mascara will work wonders to your office look. This is one the easiest ways to elevate your look from office to party and is easy to do in the office restroom if your party is during the workweek.
Hair Make sure you touch up your hairdo. Bring some bobby pins and hairspray to work with you if you do not already have those items stashed in your desk. In order to switch it up you can wear your hair up during the day, and then let your hair down at night. If your party is on the weekend then you have the luxury of having your hair styled. Now is the time to get fancy. Hygiene Please, oh please, wear fresh deodorant. Spritz on a bit (not too much!) of cologne or perfume. Some people emit alcohol fumes through their pores after only a few drinks and you don’t want to be presumed a lush when you obviously are not. Also, floss or pop a mint. Gentlemen Men, you will probably have to wear a suit unfortunately. If your office culture is more “alternative”, then a cardigan with a collared shirt and tie does the trick as well, or a V-neck sweater also looks dashing. If you are stuck wearing a suit, you can still inject your suit with some personal style with some seasonal socks, a tie bar, a fabric pocket square, or cuff links. Should you happen to forget about the office party and must wear what you wore to work, do not despair for this gives you the added bonus of appearing super busy and important because either: (a) you are so busy and important that you either cannot remember anything that is not directly related to your files; or (b) you remembered but you are so dedicated to your job that you did not have time to go home and change. Good for you! With these tips you will look fantastic and be ready to impress. So grab a glass of bubbly and jingle all the way!
WINTER 2015 29
STUDENT’S CORNER
Law Students’ Worries: Employment & Perceived Flight Risk KWAKU ADU | College of Law, University of Saskatchewan “Ms. A or Mr. B is perceived as a flight risk”… hence, will not get hired for the job (possibly not even an interview appointment!). Of course, law firms rarely voice their thoughts so bluntly or in such a simplified manner. However, the concern as to whether a candidate will stay with the firm long-term undoubtedly remains a background issue. Those who have the power to hire may wish to spare the applicant’s feelings. Although it may not be expressly stated, there is a good chance that students may not get their dream jobs in Saskatchewan resulting from their inherent lack of connection to the province. Is it warranted for firms to hold on to such safeguards? Is it necessary to play on the safer side while recruiting talent? Let us try to find the head and tail of the problem. It is understandable that law firms want to exercise extreme caution about the kinds of applicants they bring on board. The lawyers and firm staff have likely worked tirelessly to create a strong business practice and commendable reputation. They are not about to let somebody come in, receive quality training and bail out on them for what might be perceived as “greener pastures”. The other side of the story, often untold, is that Saskatchewan is now the “greener pasture”. According to Statistics Canada, Saskatchewan’s population grew by another 17,396 people in 2014 bringing the total population to an alltime high of 1,132,640. Among the other provinces, Saskatchewan gained the greatest population gains from Ontario (1,651), Manitoba (639) and Quebec (282) (Ibid). If more people are moving here and less Saskatchewanians are moving out, it is safe to infer that the province is thriving and doing something right. Historical records indicate that an average of 9,000 people per year emigrated from the mid-1980s to the mid-1990s. Out-migration has slowed in the last ten years, with an average outflow of 5,000 people per year (The Encyclopedia of Saskatchewan). The majority (55%) of the young population who left in the 1980s and 1990s moved to Alberta, which to them seemed like the true land of opportunities. Fortunately for us, those times are gone and Saskatchewan can now boast of a more robust economy. It is no longer the “have-not” province. This fact, along with many others, draws young professionals from all over the world and makes them want to stay. I personally migrated from Ghana, West Africa, to Saskatchewan in 2008. I fell in love with the province: the friendliness of its people, its rich Aboriginal culture and the opportunities available for career advancement. From the moment I settled, I knew I had found “a home away from home”. Throughout my education, I have held 30 BARNOTES
Saskatchewan as the quintessential and ideal Canadian locale where I want to lay roots, raise a family and practice law. With pleasure, I have witnessed this province grow in cultural and occupational diversity and admired the gradual metamorphosis. I am sure there are numerous people like myself who have embraced the quality of life here. Despite the gains and higher approval ratings for Saskatchewan, it seems the labour market harbours feelings of insecurity when dealing with job applicants. A significant number of my out-of province friends have expressed their concerns about the limited number of legal job opportunities available to them. One said, “I would stay in a heartbeat, but I am not sure many firms in Saskatchewan would even consider me… I would have to go back to Toronto and join the tug of war.” This is the sad reality for many out-of-towners. It is not my intention to indicate that firms should overlook the value of long-term retention of recruits. However, a few things can be considered to address the possible mistrust existing amongst
home insuranCe exCLusive to LegaL ProfessionaLs
great rates! JUdgE FOR yOURsELF.
Join the thousands of Canadian LegaL ProfessionaLs who are sPending Less on their home insuranCe! CALL OR CLICK FOR A QUOTE
1-877-314-6274 www.barinsurance.com/homeauto
Certain conditions apply. CBIA Sponsored Home & Auto Insurance is underwritten by The Personal General Insurance Inc. in Quebec and by The Personal Insurance Company in all other provinces and territories. Certain products and services may not be available in all provinces and territories. CBIA Insurance Services is a division of 3303128 Canada Inc., a licensed insurance broker. Auto insurance not available in Manitoba, Saskatchewan or British Columbia due to government-run plans. The clauses and terms pertaining to the described coverage are detailed in the insurance policy. Certain restrictions and exclusions are included therein.
CBIA_Ad_3.75x4.75_CMYK-2013.indd 1
6/20/13 10:55 AM
STUDENT’S CORNER employers and out-of-province applicants. First, I would suggest that employers should keep in mind that there are people who are moving here because they actually enjoy living here. With a stronger economy, the province is now in much better shape to attract permanent dwellers. My roommate, originally from California, gets asked a lot: “Why the heck did you decide to move to Saskatoon?” Her response always is: “Because I like it better than Beverly Hills!” Also, I recommend that employers should take it upon themselves to delve deeper into people’s reasons for choosing their fields of practice, rather than issues on geography. It is often said that: one person’s poison is another person’s meat. Some people like bigger national law firms – others prefer smaller ones. Some dislike the snow – others prefer it because it offers them the ability to skate, ride the snowmobile and play ice hockey. Some like busier urban centres – others prefer quieter, rural settings. There is no one-coat-fits-all analogy when predicting human reasoning. There is danger in not keeping an open mind towards out of province students. Firms will lose the opportunity to tap into some of the brilliant minds and hardworking suitors out there. If recruiting employees is primarily about firm “fit”, then we should all be more prepared to recognize that “fit” may exist outside the borders of this great province. If firms aim at maintaining a diverse and balanced workplace environment, it will help bring out a wide array of useful skills. This has the potential of attracting bright and driven professionals into the bunch, thereby creating a win-win situation for all stakeholders. Tis true that Saskatchewan is the land of the living skies. Let us all help to keep diversity in the practice of law. Let us be cautious about who we brand as a flight risk. Let us all help our beautiful and prosperous province grow from strength to strength.
Stay Connected. Stay Current. View CBA Saskatchewan section meetings online: bit.ly/2015SKPD
Register for Sections: www.cbasask.org
Long live Saskatchewan. Ikosi*! * Note: “Ikosi “ is a Cree word that means “goodbye”.
WINTER 2015 31
IN THE COMMUNITY
Right to Know Neil Robertson, QC | Robb & Dowling Right to Know (RTK) Day is celebrated across Canada and internationally in the last week of September of each year. Internationally, RTK Day began on September 28, 2002, in Sofia, Bulgaria at an international meeting of access to information advocates who proposed that a day be dedicated to the promotion of freedom of information worldwide. Saskatchewan was one of first provinces to celebrate RTK Week, beginning in 2006. RTK activities are held in almost all provinces and territories to promote public awareness during RTK Week. The goal is to remind citizens of the value of open government. The health of our democracy depends upon an educated and informed citizenry able and willing to participate, including by expressing their views and voting. Public access to information is one vital means to that end. This year’s activities in Saskatchewan included a film series at the Regina Public Library Film Theatre and a panel discussion in Regina. The panel discussion, titled “Right to Know – Journalists’ & Government Perspective”, was held on October 28 at the University of Regina. The panelists were: Professor Patricia W. Elliot, School of Journalism, University of Regina; Kevin Fenwick, QC, Deputy Minister of Justice and Deputy Attorney General, Government of Saskatchewan; Geoff Leo, Investigative Reporter, CBC/Radio Canada; and Murray Mandryk, Political Columnist, Regina Leader-Post. Professor Elliot began by saying that “this is a subject that really matters.” She spoke of the experience of her students who make access requests as an assignment to gauge the responsiveness of public institutions. When information is not forthcoming, the cause may be either poor information management or political interference. Professor Elliot commented that “attitudes 32 BARNOTES
make the difference” in how institutions respond to public requests for information and called for a “stronger firewall” between access requests and politicians. Murray Mandryk said he had not made an access request under Freedom of Information legislation since 2007, relying instead on traditional sources to get information from government. He said it was “just not worth my time and trouble” to make requests, given his deadlines as a reporter. Not only can the request be time-consuming, the delay in receiving a response can result in the information provided being old news. He referred to the current legislation as a “soft law which has gotten increasingly political.” Mr. Mandryk said that many access requests are made by opposition politicians. This is troubling since the Opposition should already have the information they need to hold the Government to account in the Legislature. That is a basic requirement in a democracy. At the same time, Mr. Mandryk observed that over the course of his career, which began in Saskatchewan in 1980, he had seen improvement in terms of public accountability for spending. Geoff Leo spoke of his experience in investigative reporting, giving the example of access requests for briefing notes to Ministers. CBC was successful in obtaining tables of contents which showed what Ministers were concerned with and provided opportunity for further requests. Later, these tables of contents were discontinued. Mr. Leo said he understood that people in Government cannot tell journalists everything, but that more information could and should be provided Kevin Fenwick provided a different perspective. While acknowledging there may be room for improvement, he said “We really do have an open government.” Mr. Fenwick referred, for example, to the Government’s decisions to release details
of ministerial travel, surgery wait times and health inspection. The Government of Saskatchewan now receives around two thousand requests a year, which requires resources to manage and respond. About fifty percent of those requests come to three Ministries: Environment; Justice; and Social Services. The complexity and scope of requests have also increased, which takes more time and resources. Mr. Fenwick noted that the Canadian Newspaper Association gave the Government of Saskatchewan an “A” for timeliness in response and an overall grade of “C” from its annual review of access requests conducted across the country. He emphasized that “it is important that we look to FOI [freedom of information] as a minimum standard”, recognizing that the principle of open government calls for as much transparency as possible. Mr. Fenwick said the Government will be reviewing the current legislation. The Right to Know Film Series was held from October 1-4, showing three films selected by the RPL Film Theatre to highlight the value of public access to information. “How to survive a plague” is a 2012 documentary about persons who have lived with AIDS. “How to Change the World” is a 2015 Canada/U.K. documentary of a group of friends who sailed into a nuclear test zone in 1971, capturing world attention and founding Greenpeace. Chameleon is a 2014 Canadian documentary about Anas Aremeyaw Anas, a Ghaniain investigative journalist whose unorthodox methods have uncovered wrongdoing in Western Africa. The RTK Committee is sponsored by: CBA Saskatchewan; Gerrand Rath Johnson LLP; Institute of Public Administration of Canada (IPAC) Saskatchewan Regional Group; Law Foundation of Saskatchewan; Office of the Saskatchewan Information & Privacy Commissioner; and Regina Public Library The Saskatchewan RTK 2015 Committee was chaired by Jan Cowie and included Mark Anderson, Greg Fingas, Karen Jaster, Ron Kruzeniski, QC, David Meldrum, Joan Niedermayer, and Neil Robertson, QC.
IN THE COMMUNITY
Second Annual United Way “Law Day” Jodi Wildeman & Kristél Kriel | MacPherson Leslie & Tyerman LLP On Thursday, August 6, 2015, a group of Regina lawyers participated in United Way Regina’s Summer Success Program at Seven Stones Community School for the second annual United Way Regina “Law Day”. Lawyers from MLT, McDougall Gauley, McKercher, Olive Waller Zinkhan & Waller, and the Ministry of Justice joined twelve elementary school children to share the love of reading (and some fun!) by participating in one-on-one reading and painting with chocolate pudding with the children. Summer Success is a program that is a partnership between Regina’s two largest school divisions and United Way Regina. The program focusses on children who are one or two grade levels below what they should be – and provides them with an opportunity during the summer to share in literacy and mentorship activities, a smaller studentteacher ratio, and a lot of fun. The program focuses on reducing the “Summer Slide” that many children experience during their summer breaks, and helps ensure that at-risk children are ready for school in the fall. The program also provides good nutrition for the children – each day of the program includes a breakfast and healthy snacks. This recognizes that nutrition is a very important aspect of learning (and the fact that these children often have not had an opportunity to have breakfast). Another key aspect of the program is volunteers – who play a crucial role in providing mentorship to the children. You can find out more by watching a video about the Summer Success program that ran this past summer: bit.ly/UWSummerSuccess The Summer Success program is only one of many programs United Way Regina is involved with. For example, this past year, because of United Way Regina programing:
Lawyers from MLT, McDougall Gauley, McKercher, Olive Waller Zinkhan & Waller, and the Ministry of Justice joined twelve elementary school children to share in the love of reading and have some fun!
2016 Law Day Events Save the Dates for our 2016 Law Day events. •
“ACCESS TO JUSTICE: THE NEXT STEPS” WITH JUSTICE CROMWELL, SUPREME COURT OF CANADA
| APRIL 6, 2016 REGINA •
NATIONAL LAW DAY | APRIL 14, 2016
•
MOCK TRIAL COMPETITION | APRIL 16, 2016
•
455 women and 217 children accessed emergency shelter;
•
29 families accessed safer and more stable housing;
•
11,500 individual and family food boxes were distributed to families in need; and
•
LAW DAY FAIR | APRIL 9, 2016
•
SASKATOON
109 at-risk students improved their academic performance.
•
LYNN SMITH MEMORIAL RUN | APRIL 23, 2016
•
Saskatchewan law firms are making a difference in our local community by contributing to United Way Regina – including by holding Campaigns to raise funds for United Way, having GenNext Ambassadors, and participating in volunteer programs such as Summer Success. If you are interested in learning more about how you can help, please contact Jodi Wildeman at JWildeman@mlt. com or Kristél Kriel at KKriel@mlt.com.
SASKATOON
•
RUN FOR THE LAW RUN | APRIL 16, 2016 SASKATOON
REGINA
•
LAW DAY FAIR | APRIL 24, 2016 REGINA
Interested in Taking part?
Sign up to be a volunteer for our Law Day Events. Email our Professional Image Chair, Christopher Weitzel (cweitzel@sgi.sk.ca), to get involved today! WINTER 2015 33
PRO BONO SPOTLIGHT
Lloydminster Legal Grounds Nicole Sarauer | Pro Bono Law Saskatchewan On September 18, 2015 PBLS partnered with Pro Bono Law Alberta to host the first ever one-day free legal advice clinic in Lloydminster. The clinic gave residents of Lloydminster and surrounding areas an opportunity to meet with a volunteer lawyer for up to 30 minutes of free legal advice. The clinic was staffed by some amazing volunteer lawyers, all from Lloydminster, who wanted to give back to their community. We were happy to have 9 lawyers from Lloydminster provide assistance to the prebooked clients. Staff lawyers from PBLS and PBLA were able to provide assistance for members of the public that walked in without an appointment. In the weeks leading up to the clinic, PBLA contacted 95 community agencies and organizations to let them know about the service. A designated phone line was set up for residents in Alberta, which was connected to the already established phone line PBLS has for Saskatchewan so that individuals could book an appointment. Ads were placed in community newspapers
and print and radio media coverage was all positive. The promotion of the event resulted in 64 booked appointments and an additional 13 walk-ins. A total of 9 volunteer lawyers from Lloydminster provided assistance to the prebooked clients and the walk in clients were assisted by two additional volunteer lawyers from outside of the community. Through the combined efforts of the event partners during the clinic day, a total of 66 individuals received free legal advice, assessment and referral. Volunteer feedback was sought after the event, and was extremely positive. Below is a small sampling of the response received: “I thought the event organizers did an excellent job of managing the incoming clients and the lawyer’s time usage.” “Great service for the Lloydminster area!” “Great organization considering the dual jurisdiction. This made it much easier to
just come in and provide legal advice.” Client feedback was also sought after each appointment, and we found it to be very positive. Below is a small sampling of that response: “This was very timely and we appreciate free legal advice because we can’t afford it otherwise.” “Thank you for providing this service. Extremely helpful.” “Just talking to the lawyer, has calmed me.” “Good, was upfront and gave me real good advice.” Both PBLS and PBLA were very happy with the outcome of the clinic and are looking forward to hosting similar events in the future. We’d like to give a special thanks to all of the volunteer lawyers who helped make this day such a success: Ryan Armstrong, Stephanie Dobson, Meaghan LaRose, A.J. Fox, Adriene Shapka, Chantelle Lefebvre, Don Smith, Harvey Neufeld, and Celene Polischuk!
Staff lawyers from PBLS/PBLA, along with the volunteer lawyers from LLoydminster. Special thanks to: Ryan Armstrong, Stephanie Dobson, Meaghan LaRose, A.J. Fox, Adriene Shapka, Chantelle Lefebvre, Don Smith, Harvey Neufeld, and Celene Polischuk!
34 BARNOTES
BRANCH NEWS
Young Lawyers head to the Canadian Legal Conference BY KRISTéL KRIEL | Macherson LEslie & Tyerman LLP Earlier this year, CBA Saskatchewan generously provided five young Saskatchewan lawyers with an exciting opportunity to attend the CBA Legal Conference (CLC) in Calgary. The CLC is an annual event held by the CBA, and features a number of professional development programs, sessions, and networking opportunities. Lawyers from across Canada attend the event, and the conference provides an excellent opportunity to engage with the key issues that are affecting lawyers across Canada. This year’s theme for the CLC was “Building a Better Lawyer”. The CLC schedule featured a number of professional development sessions that fit into one of three streams: Building a Better Profession, Building a Better Practice, and Building a Better Person. These streams examined a number of important issues for lawyers – ranging from big-picture influences, game
The CBA sponsored 5 young lawyers to attend the 2015 CBA Legal Conference in Calgary. Below are submissions from two of those attendees.
changers, and issues facing the profession now and in the future, to tips for day-to-day practice and making the most of resources, to an examination of strategies for lawyers to be happier, healthier, and more satisfied. In addition to a wide range of interesting professional development sessions, the CLC also featured a number of exceptional plenary speakers: Chief Justice Beverley McLachlin shared her views on why building better lawyers is critical; Dr. Larry Richard, lawyer-psychologist, shared his captivating theories on why building resilience is a unique challenge to lawyers; and Margaret Hagan, Lawyer and Designer, shared her views on what the legal profession can do to bridge the generational gap within the profession – to name just a few. In addition to opportunities to develop professionally and personally, the CLC also offered a wide range of opportunities to network with lawyers from around Canada. While each day provided a number of occasions for informal networking with
colleagues, the CLC also featured a range of formal events including the Opening Night Event, First Timers & Young Lawyers Smoothie Social, Closing Arguments Receptions, Meat-UP Local Restaurant DineAround, Young Lawyers Late Night Bash, and At-Home Dinners with local lawyers. Meeting lawyers from across Canada was a lot of fun, and provided valuable insight into the big-picture issues that we are all facing as lawyers in Canada. Thank you to CBA Saskatchewan for the opportunity to attend a great conference as a representative of young lawyers in Saskatchewan. The CLC was a great experience and has a lot to offer young lawyers – I hope that more young lawyers are able to take advantage of this great opportunity in the future.
BY STACEY WALKER | Scharfstein Gibbings Walen & Fisher “Building a Better Lawyer” was the theme of the Canadian Bar Association annual conference that I attended this past August in Calgary. As an articling student, it was a wonderful opportunity to join professionals from across the country and learn strategies not only for a happier, healthier and more successful career, but for a happy, healthy and successful career right from the start. This was my first big legal conference. As a first time attendee, and without knowing a single soul in attendance, the organizers made it easy to push my social fears aside and participate right away. In particular, the social
events hosted by the CBA Young Lawyers were a great way to become acquainted with others and familiarize myself with the format of the conference. The weekend was full of inspiring speakers and thought provoking presentations. From the Honourable Chief Justice Beverly McLaughlin, to world-renowned leaders in innovation and technology, the roster of speakers was more than impressive. The Chief Justice kicked off the conference by emphasizing the need for flexibility in the delivery of legal services as the public needs and expectations are evolving. With the ability to go online and find a plethora of legal information, the traditional role and need for lawyers is being questioned, all while the access to justice crisis increases. Madam Justice McLaughlin stressed that “efficiency
and affordability” are key to the future of our legal system. Being an individual interested and familiar with the current access to justice initiatives, it was an exciting experience to hear from a trailblazer like herself. A few other highlights for me included the presentations of Leonard Brody, and Dr. Larry Richards. Leonard Brody is a highly respected entrepreneur, lawyer, venture capitalist, bestselling author, and Emmy-nominated media visionary. He has been described as “a controversial leader of the new world order”. Drawing from his successes and failures, he emphasized the importance of staying ahead and reacting quickly to rapid changes dictated Continued on Page 36...
WINTER 2015 35
BRANCH NEWS Continued from Page 35...
by technology and innovation. For instance, he cautioned against being a traditional taxi driver in the age of Uber. Although not applicable in Saskatchewan, this is a recent and strong example of how quickly and drastically the “norms” of society can change. Dr. Larry Richards of LawyerBrain LLC, drew on his extensive research on personalities to speak of the importance of resilience. He explained the widespread lack of resilience among lawyers could be attributed to the fact that lawyers are trained to spot and deal with “worst case scenarios”. He described this thought process as the main source that severely hinders a lawyer’s resilience when challenges arise. Dr. Richards went on to share that in a time of great change, the lowresilience lawyer is at greater risk of suffering stress. Success requires individuals to remind themselves of the positive attributes of their lives and be comfortable with expressing and receiving gratitude. His studies were especially interesting and his solutions are attainable. As I looked around the room, it was clear that many attendees could relate and were able to self-reflect during his seminar. While it was slightly worrisome to hear of the uncertainty surrounding the profession I am only just entering, the Chief Justice and other speakers posed the need for change as a challenge rather than a problem. They were encouraging, especially towards those early in their career. The need for change can prove to be an exciting endeavour with endless opportunities, particularly for a student new to the profession and not yet accustomed to its traditional ways. The presenters and their messages flowed nicely into the breakout sessions. There was a dynamic set to choose from, honing in on the three main dimensions of one’s legal career: the practice, the profession and the personal. From financial advice for every stage in your career, to live debates between well-respected academics and practitioners, there were many interesting presentations and lively discussions between the panel of guest speakers and the audience. This year’s conference also launched the CBA’s mental wellness initiative. I personally enjoyed the opportunity to take part in several mindful meditation sessions, as well as yoga in between other scheduled events.
Annual President’s Dinner On October 14th, Branch President Sharon Pratchler, QC, hosted the 8th annual Past President’s Dinner in Saskatoon.
Back Row (L-R): Bill Johnson, QC (03/04 - CBA National President), Barry Rossmann, QC (01/02), Christine Glazer, QC (98/99), Judge Inez Cardinal (06/07), Judge Hugh Harradence (99/00), Murray Sawatzky, QC (08/09), Justice Ron Mills (90/91), Gail Wartman, QC (14/15), Bill Wardell, QC (80/81), Mark Brayford, QC (95/96), Ken Ready, QC (91/92), Ron Miller, QC (97/98), Anne Wallace, QC (04/05). Front Row: Jeff Grubb, QC (00/01), Michelle Ouellette, QC (07/08), Brenda Hesje (Executive Director), Heather MacMillan-Brown, QC (12/13), Sharon Pratchler, QC (15/16), Dale Linn, QC (86/87), Justice Dennis Maher (84-85).
President Sharon Pratchler, QC, presented Gail Wartman, QC, with her official Past President’s pin.
Throughout the conference it was clearly conveyed that the profession is changing; and rather than deny the evolution that technology and the public’s needs demand, success will come to those who embrace it. I’d like to express my heartfelt thanks to CBA Saskatchewan for the opportunity to attend. It was an exceptionally well run and organized event. The conference provided great networking and introduced me to core skills for a happy, healthy and successful career. The attendees, volunteers, and all those involved were welcoming, extremely encouraging and eager to share advice from their experiences. I feel fortunate to have met so many legal experts, specialists and practitioners from across the country. The Young Lawyers social events provided a sense of comfort and inclusivity, which allowed me to fully participate and get the most of the conference. I left with not only more confidence to embark on my new career, but also a sense of pride and belonging in the legal community. 36 BARNOTES
Our Branch Executive Director, Brenda Hesje, was recognized for 20 years of loyal and dedicated service to the Association. Mark Brayford, QC - who was the current President at the time Brenda joined the Association - brought greetings. Congratulations Brenda!
POSTCARD FROM A LAWYER
Security in Sri Lanka DARLA TENOLD | Collaborative & Mediator Lawyers In May 2015, I travelled to the other side of the planet, where day and night are reversed. When we arrived it was 5:00 a.m. May 7 in Sri Lanka and 4:30 p.m. May 6 back home. Sri Lanka is an island, about onetenth the size of Saskatchewan, off the southern tip of India. It is home to eight UNESCO World Heritage Sites, a cultural and religious history dating back 2,000 years and approximately 20 million people who survived 27 years of a civil war that ended in 2009. I didn’t come up with the idea to go there on my own. My good friend and mentor, Duke Duchscherer, and his Sri Lankanborn colleague, Jeyanthy Siva, founder of the Sandhi Institute (www.sandhi.org), invited me to join them to teach Nonviolent Communication (NVC) (www.cnvc.org) to Sri Lankan youth. While I love sharing NVC, and its potential for transforming even the most deep-seated conflict, the idea of travelling across the world and taking several weeks off work was daunting. I had experienced plenty of new territory and uncertainty when I left a secure job as a lawyer at Justice Canada two years earlier to pursue a mediation, collaborative law and communication training practise. I certainly had a voice in my head that thought I should stay home and keep working hard instead of going away at a crucial time when my practise was building.
I had not quit a reliable job to make security my And if travel is like love, focus. My intent is to build a practise and a life it is, in the end, mostly completely in alignment because it’s a heightened with my deepest wishes for a world in which we see state of awareness, in conflicts as opportunities which we are mindful, for greater understanding and collaborative problemreceptive, undimmed by solving. I want to better familiarity and ready to be understand this big wide world, and especially the transformed. humans who inhabit it, and do as much as I can to bring Iyer, Pico more peace to it. As much “Why We Travel” as my analytical legallytrained brain protested, my heart prevailed. I decided to go. And, to my utter delight, my husband decided to go too. Icing on the cake. We added ten days to the beginning of the trip to explore as much of the country as we could before the training started. Since it was monsoon season in the Southwest where Colombo, the capital city, and the airport are located, we planned to travel across the central part of the country through Kandy, the second largest city and cultural centre of the country, to the Northeast beach village of Uppaveli. Other than that loose plan, a hotel reservation for the first two nights and a guesthouse reservation in Kandy, we would figure out the rest as we went along. Along with seeing the sights, we wanted to stay open to new experiences and find ways to connect with local people. That was how we met Kule, the Negombo driver and tour guide who used his connections at the Colombo train station to get tickets for the Colombo-Kandy observation car delivered to us in Negombo, solving a logistical conundrum we had and saving us many hours of waiting. He drove us to the train station the next day but didn’t stop there. He walked us to the platform, waited with us for the train, escorted me to the washroom while my husband watched our bags and accompanied us on board to be sure we had the right tickets and the right seats.
Three adult elephants in Minneriya National Park. They are protecting a baby hidden in their legs.
Fazeel, our Kandy tuk-tuk (three-wheeled motorized vehicle) driver, was gracious and gentle in his guidance. “Yes Madame,” Fazeel replied when I asked him whether we would need more than an hour at the Botancial Gardens, “but the Botanical Gardens are very big. Can you stay two hours? Any less and you will be wasting your money. Can I wait for you in the parking lot?” We were there almost three hours. When we came out, there was Fazeel, waiting in his tuk just outside the exit, a big smile on his Continued on Page 38...
WINTER 2015 37
POSTCARD FROM A LAWYER Continued from Page 37...
face, asking us how we enjoyed the gardens. Along with meeting warm and friendly people, I learned new things, like I am capable of successfully repelling an attack-from-behind by a Toque Macaque monkey intent on stealing my bunch of lotus flowers. I learned highway traffic can come to a halt for an elephant lumbering across the road; many tuk-tuk drivers like to slip off their flip flops to drive in bare feet; and, when you eat with your fingers for long enough and then go back to eating with fork and spoon, the cutlery has a metal taste. We also enjoyed fascinating sites, like 14th century Buddhist and Hindu temples built sideby-side on three different sites around Kandy. We visited the Temple of the Tooth Relic in Kandy during puja (prayers and offerings), Sigirya and the Dambulla Cave Temples all UNESCO World Heritage Sites. We got so close to wild elephants in Minneriya National Park we could smell them (not exactly pleasant!) and hear their ears flapping.
Botanical Gardens
While we were staying in Uppaveli we had time to scuba dive. On the way to the dive site, our instructor mimicked the motion of machine gunning and pointed out bunkers still on the beach near Uppaveli. “There was big fighting here,” he said over the roar of the boat and the wind whipping our hair. “Many people killed.” The world over, and throughout known history, we have killed each other in vain attempts to fulfill deep desires for a better life. There is that. And, there were 36 Sri Lankan people in the training, most of them youth born into a brutal civil war, determined to break the cycle of violence and build true and lasting peace for themselves and their neighbours. They quickly learned how looking for the universal human needs, like safety, inclusion, to be heard and understood, behind all speech and action helped them to have inner peace and transcend cultural and religious boundaries. The three of us on the training team put in 13 and 14 hour days but I never got tired. I marvelled at how present, calm and clear-headed I was the whole time. That is what it is like to be in the presence of inspiration and hope, to follow your passion, to be fully awake. And that is what convinced me finally that security is more about following my heart than it is about money or a reliable job. It’s about making choices day-to-day, moment-to-moment, that are in alignment with my deepest desires for the world. I believe that as humans, underneath all of the opinions, positions and judgments of ourselves and others, we desire to contribute, to make life more wonderful for ourselves and others, as Marshall Rosenberg, founder of NVC, put it. Many, many times in pursuit of that, humans make unskillful and tragic choices that result in a less wonderful life. I know that as long as I stay connected to my deepest values, I can start to make more skillful choices, begin to experience a deeper security and help make life more wonderful.
38 BARNOTES
Fisherman on the beach at Uppaveli
Drinking King Coconut with Fazeel
Calendar of Events December 10, 2015 Executive Committee Meeting Conference Call December 15, 2015 NOMINATION DEADLINE: TREASURER & MEMBERS OF COUNCIL January 8, 2016 Executive Committee Annual Planning Meeting Regina January 27, 2016 Mock Interviews at College of Law Saskatoon January 29, 2016 Gown to Gown Charity Gala Saskatoon February 3, 2016 Executive Committee Meeting Regina February 4, 2016 Council Regina February 4-5, 2016 MID-WINTER MEETING: THRIVING IN COMPLEXITY Regina February 19, 2016 CBA Board of Directors Ottawa February 20-21, 2016 CBA Mid-Winter Meeting of National Council Ottawa March 10, 2016 Executive Committee Meeting Conference Call April 14, 2016 Executive Committee Meeting Conference Call April 15, 2016 NOMINATION DEADLINE: COMMUNITY SERVICE AWARD April 14, 2016 LAW DAY April 16, 2016 Law Day Mock Trial Saskatoon April 16, 2016 Run for the Law Fun Run/Walk Saskatoon April 9, 2016 Law Day Fair Saskatoon April 23, 2016 Lynn Smith Memorial Run Regina
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.
217 Jessop Avenue • Saskatoon SK S7N 1Y3 p: 306.955.3373 • f: 306.955.3064 www.globeprinters.com CBA Financial ...................................................................... 27
ADvertisers
Canadian Bar Insurance Association ...................... Insert
Tom Jeffries
c: 306.717.4006 e: tom@globesask.com
CBIA Home Insurance ...................................................... 30 ChildView ............................................................................... 9 Globe Printers .....................................................................39 Information Services Corporation ................................... 6 Lawyers Concerned for Lawyers ................................... 13 Mercedes-Benz ................................................. Back Cover PotashCorp ......................................................................... 28 WINTER 2015 39
Special Offer Exclusively for CBA Members. This program rewards Canadian Bar Association members with extra discounts of up to $1500 on select models. These partner discounts are applied in addition to existing special offers, making them truly exceptional savings to your association members. CBA members also receive 20% off MSRP on Mercedes-Benz Genuine Accessories & Collection items. See your delivering dealership for full offer details.
Š 2015 Mercedes-Benz Canada Inc. 1 Figures based on the 2014 SL 550 roadster.
Mercedes-Benz Saskatoon, 715 Melville Street, Saskatoon, SK, 306.242.6024, saskatoon.mercedes-benz.ca.