T H E
C A N A D I A N
WINTER 2014
B A R
A S S O C I A T I O N
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S A S K A T C H E W A N
B R A N C H
BARNOTES VOL. 29 NO. 2
Chief Adjudicator Dan Shapiro, QC A look into the Independent Assessment Process and its Recent Litigation
IN THIS ISSUE... Message from the Editor
From The Courts
by Ashley Smith ...................... 4
by Judge Karl Bazin .................... 21
Judge Maria Lourdes Afiuni
Branch News
Pro Bono Spotlight
President’s Message by Gail Wartman .......................... 5
5th National Pro Bono Conference
Membership Report
by Nicole Sarauer ....................... 22
by Loreley Berra .......................... 6
Legislation & Law Reform Report by Evatt Merchant ....................... 7
Meeting of Council ............. 8
Invitation to Attend 2015 Mid-Winter Meeting
College of Law Aboriginal Law Students Association
Feature Commentary
Postcard Tanzania by Amjad Murabit ....................... 27
by Ashley Smith .......................... 10
by Beth Bilson, QC .................... 13
Commentary Citation Guide of the Court of Saskatchewan by Joanne Colledge-Miller and Ann Marie Melvie ................ 15
Highlights from the IACP Forum
Legal Directory Update ............. 14 Call for Nominations: Elected Members of Council ..... 18 Address Changes ...................... 31
by Breanne Lothian and Caeli MacPherson ............... 24
Highlights from the Association .......................... 25
A Soldier of the Great War
Bar Judicial Council Reps ............ 7
Lloydminster Firm Crawl
National News
Commentary
Call for Nominations: Branch Treasurer ........................... 4
by Stacey Jestin ......................... 23
by Bryan Salte, QC ....................... 9
Chief Adjudicator Dan Shapiro, QC: A look into the Independent Assessment Process and its Recent Litigation
Items of Interest
Provincial News Judicial Appointments ..... 29 CBA recognized during Right to Know Week by Neil Robertson, QC ............. 29
Calendar of events ... 31
The Canadian Bar Association Saskatchewan Branch 306, 105-21st Street East Saskatoon , SK S7K 0B3 BarNotes is a quarterly publication of CBA Saskatchewan, provided to its members. This publication is intended for information purposes only and should not be applied to specific fact circumstances without the advice of counsel. CBA Saskatchewan represents more then 1,100 members and is dedicated to improving access to justice, reviewing legislation and advancing the administration of justice.
www.cbasask.org BarNotes Advertising BarNotes is published 4 times per year and circulated to over 1,100 legal professionals. If you are interested in advertising, please contact Kayla Stuckart, Communications Officer, kayla@cbasask.org.
by Connie den Hollander ............ 17
Visit www.cbasask.org for more information on advertising costs and format.
The Condominium Property Amendment Act, 2013 and The Condominium Amendment Regulations, 2014
Š CBA Saskatchewan
by Sheri Hupp ............................ 19
2 BarNotes / Winter 2014
EDITORIAL BOARD Meet the 2014 - 2015 Editorial Board Ashley Smith | Editor MacPherson Leslie & Tyerman LLP
Jackie Francis
Ph: 306.975.7111 asmith@mlt.com
Ph: 306.236.5540 jackie@franciscolaw.ca
Lora Bansley | Communications Chair Information Services Corporation
Danielle Graff
Ph: 306.798.0513 lora.bansley@isc.ca
Ph: 306.347.8000 dgraff@mlt.com
Scott Bell
Nolan Kondratoff
MacPherson Leslie & Tyerman LLP
Francis & Company
MacPherson Leslie & Tyerman LLP
Leland Campbell LLP
Ph: 306.975.7113 sbell@mlt.com
Ph: 306.783.8541 nolan@lelandcampbell.com
Kate Crisp
Amjad Murabit
Scharfstein Gibbings Walen & Fisher LLP Ph: 306.653.2838 kcrisp@scharfsteinlaw.com
Jared Epp
Robertson Stromberg LLP Ph: 306.652.7575 j.epp@rslaw.com
College of Law University of Saskatchewan amjad.murabit@usask.ca
James Streeton
Kapoor Selnes & Klimm Ph: 306.752.5777 kapoor.selnes.law@sasktel.net
Azure-Dee Farago
Hannah Zip
Ph: 306.566.3180 afarago@saskpower.com
Ph: 306.664.6900 hrz.kddlaw@sasktel.net
SaskPower Corporation
Knott den Hollander
Learn more about the 2014-2015 BarNotes Editorial Board: http://bit.ly/BarNotes14-15 If you have an article of interest that you would like to see in a future publication, please contact a member of the Board.
Winter 2014 / BarNotes 3
MESSAGE FROM THE EDITOR Welcome & Happy Holidays Ashley Smith MacPherson Leslie & Tyerman LLP I would like to welcome you to the Winter 2014 Issue of BARNOTES. It is a great honour to take over as Editor from Kaylea Dunn and I would like to thank her for her leadership over the last four years. You will notice that our Editorial Board has grown and I would like to welcome our newest members: Lora Bansley, Scott Bell, Kate Crisp, Jared Epp, Jackie Francis, Nolan Kondradoff, Amjad Murabit, James Streeton and Hannah Zip. Thank you also to our continuing board members Azure-Dee Fargo and Danielle Graff. Please take a moment to read about this very talented and impressive Editorial Board online at http://bit.ly/BarNotes14-15. At this time of year we are all starting to realize that the holiday season is upon us. Between client demands, weekends of holiday parties and get-togethers, along with all of the other requirements of the season, it is difficult to find time to relax and enjoy. When you do manage to put your feet up and take a few moments to relax, we hope this issue of BarNotes will give you some interesting and engaging reading to keep you company. Some highlights of this issue include an interview with Mr. Dan Shapiro, QC, who is currently the Chief Adjudicator of the Indian Residential Schools Adjudication Secretariat. In this interview, Dan shares some insight into the work of the Indian Residential Schools Adjudication Secretariat and some recent litigation in which they have been involved in.
Judge Bazin of the Provincial Court writes about his recent experience at the Canadian Association of Provincial Court Judges’ annual conference in Winnipeg, where Judge Afiuni, a Judge in Venezuala, was awarded the association’s Justice Award. Connie den Hollander tells us about her recent attendance at the International Association of Collaborative Professionals (“IACP”), while Amjad Murabit details his time this past summer as a legal intern at the United Nations International Criminal Tribunal for Rwanda (“UNICTR”). Beth Bilson, QC, provides the inspiring story of Company Sergeant Major Robert Johnson Gawman. In addition, we provide you with information regarding the recent changes to The Condominium Property Act and The Condominium Amendment Regulations and the recently released Citation Guide for the Courts of Saskatchewan. Finally, you will also find enclosed registration information for this year’s CBA Saskatchewan MidWinter Meeting in Saskatoon. On behalf of myself and the BarNotes Editorial Board, we look forward to providing you with engaging and exciting future issues of BarNotes. We encourage you to submit articles for publication and also look forward to receiving your feedback. Have a wonderful holiday season and we look forward to seeing you in 2015!
Contact Ashley with any suggestions or feedback regarding BARNOTES: Ph: 306.975.7511 / asmith@mlt.com
caLL fOR nOMINATIONS: Branch Treasurer Nominations are now open for the position of CBA Saskatchewan Branch Treasurer. The person elected Treasurer for 2015-2016 will thereafter serve as Branch Vice-President in 2016-2017 and Branch President in 2017-2018. Any member of the Association in good standing and resident in Saskatchewan that has been a member of a law society or its equivalent in any province or territory of Canada for a period of ten (10) years or more, and who is a member of Council, or who has been a member of Council at any time during the preceding four (4) years, may file with the Branch Office a Nomination Form for the office of Treasurer on or before December 15, 2014 provided the nomination is accompanied by the consent of such member in writing and the written endorsement of three (3) members of Council (Bylaw 14(1)). Deadline for nominations is December 15, 2014.
More Information: http://bit.ly/CBASK-2014Nominations
4 BarNotes / Winter 2014
BRANCH NEWS President’s Message Gail Wartman McDougall Gauley LLP Autumn of 2014 has provided a great cross-section of life in the CBA. One of my first official duties as incoming President was to bring greetings at the annual Wine and Cheese Welcome Reception at the College of Law. This is an event I have attended many times as Membership Chair, and I always come away from the event energized and filled with hope. What talented, diverse people we have studying law at the College! Over a hundred new CBA memberships were taken out that day by students. On the same day, and in the days following, many of the students at the College also signed up to be paired with a mentor – a practicing lawyer – who will be available to talk to them about the practice and provide some moral support as the student goes through this academic year. I also had the privilege of bringing greetings and congratulations on behalf of the CBA at the introduction of new lawyers to the Court of Queen’s Bench in Regina, Saskatoon, and Moose Jaw. Again, I was impressed with, and in some cases, moved by, the stories of their journeys to become admitted lawyers in this province. Many of them come to us from other countries and cultures, and all of them bring a great wealth of diversity and promise. In the middle of those experiences, I hosted the annual CBA President’s Dinner in Regina on October 1. It was a wonderful evening of renewing acquaintances, and I loved hearing the adventures of some of the presidents from several decades ago. The landscape has changed a bit, but many of the issues and interests remain the same. The CBA came through a stressful period, nationally, with several divergent voices on the issue of a proposed Supreme Court of Canada intervention. Ultimately, the decision was made by the National Legislative and Law Reform Committee (the committee which approves the technical aspects of the intervention submissions) that the brief would not be submitted and the intervention on behalf of the CBA would not proceed. But the whole experience told us a number of things: that our intervention policy needs to be reviewed; that communication within the association around interventions is extremely important; and perhaps most importantly, CBA members in whatever jurisdiction or section they practice, are passionate and engaged. We have recently had a number of opportunities to act in our crucial role of speaking out for the judiciary in situations where they are limited in doing so themselves. Several months ago, the
national CBA (in particular, our then-president, Fred Headon) spoke up in defence of the Chief Justice of Canada when her actions were criticized by the Prime Minister and the federal Minister of Justice. Provincially, we sent letters to the editors of both the Regina Leader Post and the Saskatoon Star Phoenix pointing out that, contrary to the opinion expressed by a visiting academic from British Columbia, our judges do regularly take into account the sentencing principles set out in the Gladue decision, relating to aboriginal and first nations individuals. And, as is the usual practice of CBA Saskatchewan, we made our submission and presentation to the triennial Commission on Provincial Court Judges’ Compensation in early November. Planning is well underway for the annual Mid-Winter Meeting of the Saskatchewan Branch, which takes place in Saskatoon on February 5 and 6, 2015. It is an opportunity to obtain all 12 hours of the annual Continuing Professional Development requirement, including several offerings which will feature Ethics hours. We are assembling a panel on End-of-Life issues – an issue with which the Supreme Court of Canada is presently grappling, and a very current topic of discussion and thought. We will be concentrating on more offerings to corporate and in-house counsel, as well as the usual general practice and litigation offerings. And as usual, there will also be a wonderful entertainment and social aspect to the gathering. As we have been talking to our prospective participants, we have pointed out that this is the largest annual gathering of lawyers, judges and law students in Saskatchewan. So it is a pretty important event for all of us to be a part of! Two important initiatives of the CBA are on my radar every day – and I hope they will become so for you. They are the Access to Justice Report – Equal Justice; and the CBA’s Futures Initiative. What have these initiatives got to do with your practice, you ask? I urge you to have a look at both of these on line. Read the stories in the Equal Justice report. Understand how our friends, neighbours, and relatives are doing things without legal help that could have so much better outcomes if a lawyer were involved, even at a minimal level. There are so many missed opportunities for us as practitioners out there. And there are ways we could be offering our services that are new and innovative, that we must take a look at. The Futures Initiative is a courageous look at the future of the profession, and invites us into a discussion that will have our profession engaging in a proactive way to the changes that are inevitably coming, rather than having changes dictated to us by outside forces. Continued on Page 6...
Winter 2014 / BarNotes 5
BRANCH NEWS Continued from Page 5...
about this, I had some solid background with which to respond.
An example of all of this has just arisen in my own practice – as I am sure it has or soon will in yours. I have been asked to do a limited scope retainer in a quasi-judicial proceeding. Yes, we just have new rules (from February 2014) about that in our Code of Professional Conduct. Both the Equal Justice report and the Futures report contain a lot of discussion and thought around “unbundling” legal services. So when my client approached me
My warm greetings to all of you as we approach the busy but wonderful festive season.
Contact Gail with any suggestions or feedback for the Branch: Ph: 306.694.0052 / gwartman@mcdougallgauley.com
Membership with the CBA Loreley Berra Ministry of Justice ReTHINK The Canadian Bar Association is at the beginning of a new path - a “Rethink” of who we are, what we do and why we do it. It is an opportunity to build on efficiencies and to collaborate and operate as one focused organization. Such a project takes time, but with patience, the CBA will be a stronger, more focused organization that will provide members with an invaluable service.
Membership I ask each of you to think about why you are a member of the CBA? My elevator speech would tell you this, “The CBA has opened doors to knowledge about the profession and the law I never thought I could be part of. It has provided opportunities to belong to the legal community as more than just a lawyer but an advocate for the law and the profession. It is one of the best things that has happened to me in my legal career. The CBA has opened my eyes to the ever changing face of the profession and the legal landscape beyond the boundaries of my area of practice. For all of that I believe I am a better lawyer as a result.” Membership in Saskatchewan continues to grow. Our current membership sits at over 1,100 members. I want to thank each and every one of you for valuing the CBA and I ask you to continue to promote the many benefits of CBA membership. If you’re not one of those 1,100, you should consider joining us!
Benefits We have talked many times about what the CBA can do for you. We all need CPD credits each and every year. So think about that when renewing, joining and encouraging others to come to the party. Over and above your basic membership consider the two add on options – Portfolio and Portfolio Plus.
6 BarNotes / Winter 2014
Portfolio Option – for an extra $200 - what is included? Includes all benefits enjoyed by members, plus: • A $250 education credit, at a 20% discount — a $50 saving — that can be applied to education products, services and activities from CBA National, CBA Branches and CCCA, for the term of your membership year; • One (1) free “Notice Only” Section enrolment; • A rebate off next year’s membership fee invoice, equivalent to 3% of your total spend outside of membership fees and option purchased, from the previous year; • Access to many CBA resources including special publications and tools.
Portfolio Plus Option – for an extra $400 - what is included? Includes all benefits enjoyed by members, plus: • A $500 education credit, at a 20% discount — a $100 saving that can be applied to education products,services and activities from CBA National, CBA Branches and CCCA for the term of your membership year; • Three (3) free “Notice Only” Section enrolments; • A rebate off next year’s membership invoice, equivalent to 5% of your total spend outside of membership fees and option purchased from the previous year; • Increased access to CBA resources including special publications and tools. Don’t be afraid to get involved! I am confident that you will enjoy your time doing more with the CBA. We are all busy with life. However, getting involved doesn’t have to mean a second job or a huge time commitment. If every single Saskatchewan member got involved in a small way, so much could be achieved. There are many opportunities both provincially and nationally, you just need
BRANCH NEWS to pick one and go for it. Here are some ways to get involved in the Association: • mentoring a student at the College; • volunteering with Law Day; • sharing your experiences with students and other lawyers; • presenting your knowledge in a CPD; • law reform – as simple as commenting on legislation, drafting responses or even presenting a position at the Commons committees; • international projects; and • access to justice initiatives. Take a moment to look at the Branch website, www.cbasask.org. There is an abundance of resources available at your fingertips, both provincially and nationally. So I challenge each of you to do something more with the CBA. It will benefit not only the project/ initiative/event, but also you.
Contact Loreley with any feedback: Ph: 306.787-8207 / loreley.berra@gov.sk.ca
Legislation & Law Reform Evatt Merchant Merchant Law LLP CBA Saskatchewan has developed a webpage to allow members new avenues to take part in consultations on legislative proposals or advocate upon existing legislation. This new webpage can be found online at http://bit.ly/CBASK-LLR, under the Advocacy tab on the Branch website. This new web portal is intended to expand upon the existing CBA protocols used to consult with members about proposed legislation. It will continue to be the practice of CBA Saskatchewan to provide updates on the status of consultations through the Branch’s SK Watch eNewsletter. Members can also monitor the progress of Bills before the Legislature by visiting http://bit.ly/SKbills. For any CBA members who have comments on existing or proposed legislation, or who wish to become involved in the CBA Saskatchewan Legislation & Law Reform Committee, please do not hesitate to contact me. Input from the CBA membership on legislation and law reform is a vital component to the advocacy role undertaken by the CBA, on behalf of the legal profession in Saskatchewan.
BAr Judicial COUNCIL Reps Representatives of the Bar Judicial Council exchange views as to how the administration of justice within the province can be improved. Matters of concern and interest are exchanged. 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
Queen’s Bench Michelle Ouellette, QC McKercher LLP, Saskatoon m.ouellette@mckercher.ca Jenn Pereira Robertson Stromberg LLP, Saskatoon j.pereira@rslaw.com
Provincial Court Bonnie Missens Sask. Indian Gaming Authority, Saskatoon bonnie.missens@siga.sk.ca Suzanne Young Grayson & Company, Moose Jaw syoung@graysonandcompany.com
Contact Evatt with any feedback: Ph: 306.227.2222 / emerchant@merchantlaw.com
Winter 2014 / BarNotes 7
BRANCH NEWS 7th Annual President’s Dinner Branch President, Gail Wartman, hosted this year’s President’s Dinner at The Willow on Wascana in Regina on October 1st. All CBA Past President’s from Saskatchewan were invited to attend and those who did enjoyed a relaxing evening, reminiscing and visiting with colleagues and friends. President Gail Wartman presented Past President Kylie Head, QC, with her President’s pin.
Back Row (L-R): Judge Hugh Harradence (99/00), Murray Sawatzky, QC (08/09), Bill Johnson, QC (National Past President 03/04), Ken Ready, QC (91/92). Middle Row (L-R): Mark Brayford, QC (95/96), Christine Glazer, QC (98/99), Madam Justice Georgina Jackson (87/88), Kylie Head, QC (13/14), William Ready, QC (79/80), Dale Linn, QC (86/87), David Thera, QC (11/12). Front Row (L-R): Perry Erhardt, QC (10/11), The Honourable Larry Kyle (81/82), Gail Wartman (14/15), Patrick Kelly, QC (85/86), Jeff Grubb, QC (00/01).
Meeting of Council October 2nd, 2014 CBA Saskatchewan held its first meeting of Council for 20142015 on October 2nd in Regina. At the start of the meeting Past President, Kylie Head, QC, passed the gavel to President Gail Wartman - an official sign of Gail taking over the Presidential role. Arrangements were made to bring in Malcolm Heins, a member of the CBA Legal Futures Initiative Working Group, to familiarize the group about the Report released this summer. Council members were also given the opportunity to provide input that will assist in developing implementation strategies to help bring Futures out of the book.
More Information: Futures: Transforming the Delivery of Legal Services in Canada http://bit.ly/CBAFutures-ReportPDF2014 (Report released August 2014)
8 BarNotes / Winter 2014
Past President Kylie Head, QC, passing the gavel to President Gail Wartman. The 2014-2015 Table Officers of the Executive Committee also include Vice President Sharon Pratchler, QC, and Treasurer Neil Robertson, QC.
INVITATION TO ATTEND 2015 Mid-Winter Meeting Bryan Salte, QC College of Physicians & Surgeons The Branch annual Mid-Winter Meeting will take place on February 5th and 6th, 2014 at the Delta Bessborough in Saskatoon. This meeting provides an opportunity for attendees to meet the annual CPD requirements of the Law Society in one twoday meeting and also to participate in the social activities. It is a wonderful opportunity to interact with other lawyers in a relaxed environment which allows each of us to get to know our colleagues better. The educational sessions are intended to appeal to the wide variety of practice areas for those who primarily practice as solicitors as well as those whose practice areas focus on litigation. The meeting operates at a cost which is significantly lower than the costs that are associated with other CPD events of similar quality. It is a substantial benefit of CBA membership.
professional corporations, small business valuations and dealing with the media. With 4 or 5 concurrent sessions for each time slot attendees should have no difficulty in finding a presentation that is relevant to each person’s practice area. I hope to see all of you there. I appreciate the assistance of the committee who have helped to put together this worthwhile meeting. The committee consists of Marilyn Penner, Greg Walen, QC, Lisa Watson, Doug Hodson, QC, James Sproule, Gary Zabos, QC, Gail Wartman, Sheldon Stener, Brett Cavanaugh and Anita Wandzura.
The speakers are drawn from the judiciary, the legal community as well as accountants and physicians. There will be the traditional Breakfast with the Minister – an opportunity to see Gord Wyant, QC again and discuss issues relevant to the justice system with him. There will be three plenary sessions. For the Opening Plenary, we have invited Michele Hollins, QC, President of the Canadian Bar Association, to address the topic “Alternative Business Models and the ethical practice of law”. She is an outstanding speaker, and we are fortunate that she has agreed to participate. Friday morning, the St. Thomas More College John Stack Lecture on Ethics and Civic Responsibility, will feature Dr. Gabor Maté, a Canadian Physician who is well-known for his writing and speaking on the topics of mind and body health, stress, developmental psychology and addiction. He is a regular columnist for the Vancouver Sun and the Globe and Mail. The Closing Plenary, and this year’s President’s Forum will consist of a panel discussion related to end of life issues, a controversial topic, particularly with the pending decision of the Supreme Court of Canada. It will explore the practical implications for Canadians faced with end of life decisions, and the medical and ethical perspectives that physicians must face related to this topic.
CLASSIC needs your help! From January to June 2015, CLASSIC’s capacity to serve our clients will be diminished due to reduced staffing. You can help maintain CLASSIC’s capacity during this period in one of three ways: • Take carriage of CLASSIC client files on a pro bono basis, however many works with your practice. These files would become your pro bono files • Volunteer to supervise CLASSIC’s client files and students in your area of practice. You would supervise law students working on approximately five to ten client files. You could supervise remotely, from your office, or spend some time at CLASSIC. • Volunteer to be a mentor lawyer. You would not be responsible for specific client files, but be available to field questions from students in your areas of practice. Consider volunteering today. Interested lawyers should contact
There will be five concurrent plenary sessions on Thursday and Friday dealing with such varied topics as family law status and human rights, social media, preparing for mediation, structuring
Chantelle Johnson at (306) 657-6100 or via email at chantelle_j@classiclaw.ca.
Register Online for the Mid-Winter Meeting: http://bit.ly/2015MWM Look for your copy of the Program & Registration Brochure included with the Winter Issue of BarNotes.
Winter 2014 / BarNotes 9
FEATURE COMMENTARY A look into the Independent Assessment Process and its Recent Litigation Ashley Smith MacPherson Leslie & Tyerman LLP historic wrongs, very much spoke to me.” Taking over as Chief Adjudicator in July 2013, Mr. Shapiro became the “court of last appeal” within the IAP and responsible to review and write IAP appeal decisions. Given this role, he is no longer able to conduct hearings and spends the balance of his time working with the multiple stakeholders involved in the oversight o f t h e p r o c e s s , and addressing the policy issues affecting the IAP.
Dan Shapiro, QC, is no stranger to the Saskatchewan Bar. A 1978 graduate of the University of Saskatchewan College of Law, Mr. Shapiro has had a long career as a lauded litigator and gifted Arbitrator and Mediator in Saskatchewan. Mr. Shapiro took time out of his busy schedule to speak with BarNotes about his path to becoming Chief Adjudicator of the Indian Residential Schools Adjudication Secretariat, which administers the Independent Assessment Process (the “IAP”), the current work of the IAP and recent court matters involving the IAP. After serving as a Senior Adjudicator under then Chief Adjudicator Ted Hughes in the Alternative Dispute Resolution (ADR) process from 2003 to 2007, Mr. Shapiro began as a Deputy Chief Adjudicator in the IAP in 2007. When asked what drew him to this work, Mr. Shapiro remarked, “I read about it and I was fascinated with the idea of being involved in a project that would help to redress historic wrongs of this nature. It had never been done before in Canada and I really liked the idea of a process that was out of court, that was sensitive to the needs of individuals, to the privacy that they required in order to share their experiences, and the idea of blending legal background with all of this culture, history and politics. Ultimately the idea of helping to redress 10 BarNotes / Winter 2014
For those unfamiliar with the IAP, it arises from the Indian Residential Schools Settlement Agreement that also gave rise to the Truth and Reconciliation Commission (TRC). The Settlement Agreement is unique as it includes in its foundation the objectives of healing and reconciliation. While the IAP and TRC are sister organizations, they have separate functions. The TRC has the public function of gathering records and educating the public, a mandate which Mr. Shapiro strongly supports. Conversely, the IAP provides out-of-court hearings in a private and confidential setting so that claimants are not required to face their alleged abusers in a public setting. The IAP also has expedited hearings for the very elderly and the seriously ill. These hearings are conducted to preserve that claimant’s testimony and the records are often gathered after the fact. Mr. Shapiro stresses that while “compensation is an element of justice…we also have this other important underpinning behind our settlement agreement…to create a very comfortable supportive healing environment for people.” It is not surprising then that IAP hearings are not paper hearings but one-onone hearings in which the adjudicators frequently travel to the claimant’s community, home, nursing home, hospital or another
FEATURE COMMENTARY location chosen by the claimant. IAP applicants had a five-year window in which to submit their claim for adjudication. This deadline expired on September 19, 2012 and despite the efforts of potential applicants to have that period extended, the Courts have currently held that the deadline is firm and final. Mr. Shapiro does note that several extension cases are currently under appeal. The IAP has received over 38,000 claims. As of September 30, 2014, more than 29,000 of these had been resolved. Over 8,000 claims remain in progress. The number of applications received is staggering given that only 12,500 claims were initially expected. It is anticipated that the hearings will be completed by the spring of 2016, with a further two years expected for wrap up work. The TRC took the position in court and in public that they wanted all of the materials from the IAP process to go into the archive whether the claimant consents or not. These documents include, among others, hearing transcripts and transcripts containing the most deeply personal information possible, together with psychiatric, corrections, counselling and medical records. Mr. Shapiro strongly opposed the archiving of such records without the consent of claimants.
While successful at the Ontario Superior Court, Mr. Shapiro advised that seven Notices of Appeal had been filed by our interview date. The TRC, the Government of Canada, the National Research Centre (where the materials would be archived), Independent Counsel and three different church groups have all filed appeals or notices of intention to appeal on various grounds. Mr. Shapiro anticipates that it is foreseeable that one or more of the participants will seek leave to appeal the case all the way to the Supreme Court of Canada. He states “the issue is far from finally decided and we will continue to work towards again standing behind promises made.” Litigation over document disclosure is not the only matter the IAP is dealing with in the Courts, as there are currently disputes regarding the fees being charged to claimants. A recent decision discussing this issue is Fontaine v. Canada, 2014 MBQB 113. In the orders implementing the Settlement Agreement the nine supervising Courts have already decided that adjudicators have authority over legal fees in the IAP and the ability to approve legal fees in each and every case. Canada pays 15% towards fees and another 15% is capped for lawyer’s fees. Even then, Adjudicators Continued on Page 12...
He asked the supervising court to issue an order that the records be destroyed, if, after reasonable notice of their right to do so, former students had not consented to depositing their hearing transcripts, with names of alleged perpetrators and others redacted, into an archive. He explained that “as the head of a tribunal which has been making promises of confidentiality from the day we started, I felt that it was very important to let the people that had appeared before us to know that we would stand behind those promises…the whole system of residential schools was built upon ideas that gave rise to a huge sense of betrayal of First Nations communities. The last thing I wanted or could accept would be that our program would be another source of betrayal or re-victimization of people.” The dispute went before the Ontario Superior Court and was recently reported as Fontaine v. Canada, 2014 ONSC 4585 (Perell J.). The Court ruled that “it would be a worthwhile project to develop a notice program to advise the IAP Claimants of the rights they have…to tell their stories.” The Court held that care needed to be taken that the notice program did not inflict physiological harm and re-victimize survivors. Therefore, only the claimant’s consent could result in their application, hearing transcript, hearing audio recording and the adjudicator’s decision being archived. Personal information about alleged perpetrators or affected parties would be redacted if the documents were archived. The Court held that in order to arrive at this decision, it was not necessary to decide the issue of whether the IAP documents have historical value and instead based the decision on: (a) the promises made to the Claimants; (b) the Claimants’ right to control their personal information; (c) the Claimants’ right to control the telling of their own stories; and (d) respect for the Claimants’ individual decisions.
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FEATURE COMMENTARY Continued from Page 11...
review the fees for fairness and reasonableness. Prior to Mr. Shapiro taking over as Chief Adjudicator, it was discovered that some claimants were being asked to sign 15% fee agreements with their lawyer and another fee agreement ranging from 10% to 15% with non-lawyer form filling agencies. The form filling agencies were referring these matters to legal counsel, resulting in some lawyers participating in a system where they knew their clients were being charged additional fees and concealed or withheld that information from adjudicators or claimed that form-filling fees were exempt from the fee review process, since they were claimed by non-lawyers. The IAP launched an application, called a Request for Directions, with the supervising court in Manitoba. The IAP requested that the Court find the form filling contingency fee agreements were unconscionable, null and void and unenforceable. The IAP presented several affidavits. One of the affiants was from a remote community in Northern Ontario. She had received a call from her law firm saying that her settlement cheque had arrived and she needed to go to Winnipeg to pick it up. She was getting chemotherapy at the time and it was difficult for her to travel so she asked them to send her the cheque. Her lawyer refused and indicated she had to go to Winnipeg to get it. They refused to send her a plane ticket, despite her condition and only provided her a bus ticket. Upon arriving in Winnipeg, she paid her lawyer his 15% fee and at this time a form filler (who was a tenant of the lawyer’s in the same building) said she needed to come pay their bill. She had assumed it was one bill for 15% but she had actually signed two agreements for 15% each. The form filler accompanied the claimant to her bank and waited there while she deposited her funds and paid his account, effectively doubling her legal fees. The second affiant advised of similar circumstances but in that instance, the form filler actually jumped in the claimant’s taxi when they were trying to go to the airport and wouldn’t let him get on the plane without stopping at the bank and paying the form-filler’s fee. The Manitoba Court of Queen’s Bench ruled that non-lawyers could not enter into contingency fee agreements, that they were unconscionable and null and void. In Fontaine v. Canada (Attorney General) 2014 MBQB 113, Justice Schulman stated:
Any legitimate services performed by Form Fillers under contracts that are void for any or all of the above reasons may be compensated on a quantum meruit basis, as was the case in Koliniotis. Such recovery should be sought outside the IAP, unless the fees were charged as disbursements or otherwise 12 BarNotes / Winter 2014
connected to legal fees. The jurisdiction of adjudicators is limited to reviewing legal fees, and it is beyond their powers to review contracts between Form Fillers and claimants unconnected to that mandate. However, in order to ensure the continued integrity of the IAP and the proper implementation of the Settlement Agreement, before hearings take place, adjudicators should be provided with all information relating to arrangements between claimants and counsel and Form Fillers involved in the process. This is to provide maximum transparency so that adjudicators can properly conduct a legal fee review where necessary, and inform claimants of other remedies available to them in the event that the involvement of a Form Filler appears contrary to the principles outlined in these reasons. The Court Monitor, acting under the authority of the Court, is continuing to investigate and monitor this contingency fee agreement situation. When asked to sum up his thoughts on the IAP, Mr. Shapiro is quick to acknowledge that the “process is playing a huge role… redressing historic wrongs and allowing people to move on to the next phase of their healing journey”. Mr. Shapiro concludes by saying that “the people that have come before us have taught [me] so much, and all of our adjudicators… people refuse to be defined by the experience they went through…Taking the time to get to know our aboriginal friends and neighbors and members of the community and learn about their culture will be something that will enrich us. It’s just a question of reaching out and doing that, and that’s an opportunity that’s been provided to many, many people through this work which would not be available in any other kind of legal work that I know of.”
COMMENTARY A Soldier of The Great War Beth Bilson, QC College of Law, University of Saskatchewan Although I have undertaken to devote this column to equity and diversity issues, I have decided to use it on this occasion to make a small contribution to the commemoration of the outbreak of the First World War one century ago this year. Many students and faculty from the University of Saskatchewan, as well as many members of the legal profession, served in the armed forces during that conflict, and many did not return. This is the story of one member of the legal profession who saw it as his duty to join the war effort. In the early days of the legal profession in Saskatchewan, those seeking to be admitted to the Bar had to serve as articled clerks for five years before writing the Bar exams, although this period could be shortened somewhat if combined with a program of legal studies at the University of Saskatchewan or at the Wetmore Hall law school operated by the Law Society of Saskatchewan in Regina. Matriculation, which was the equivalent of completion of high school, was a requirement for enrolling as a student-at-law. The University of Saskatchewan had assumed responsibility for assessing the credentials of applicants who had graduated outside the province, and, indeed, President Walter Murray performed this assessment personally.
He provided an affidavit providing further details about his education. The affidavit stated that after leaving school, he had worked for 14 years in the offices of Clayton & Gibson, the “oldest and largest firm of lawyers in the North of England.” He moved to Regina in 1913, working first at the firm of Balfour, Martin & Casey, and then with the Allan, Gordon & Gordon office.Though he had been studying for his matriculation certificate in Saskatchewan his studies were curtailed because he had joined the Business Men’s Company of the 95th Saskatchewan Rifles, which “considering the position of the Empire, he felt it his duty to do.” In May, 1915, Gawman reported to President Murray that he had tried to get in touch with his former teachers. He had reached one master who remembered him, but would not provide a formal statement of standing because he did not have access to the school records. Gawman said he was hoping to enlist, but he was Continued on Page 14...
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In February, 1915, Robert Johnson Gawman was employed as a clerk at a law office in Regina, and he wrote to President Murray seeking approval of his qualifications to be admitted as a student-at-law. In his initial letter, Gawman alluded to his studies at Rutherford College in Newcastle-upon-Tyne, where he had studied extra Greek and Latin hoping to enter the church. Murray responded that he thought the subjects listed by Gawman sounded “practically equivalent to matriculation subjects,” but he required more information about the examinations and evidence of the qualifications of the examiners. Gawman replied that he might have difficulty obtaining this evidence. Rutherford College had been founded by “influential men of the Temperance movement” in northern England, but four years after Gawman’s departure it had been taken over by the local board of education as a secondary school and most of the masters of his time had left. He said he might be able to contact one of the masters, and explained that he was eager to formalize his admission as a student-at-law before he enlisted in the army.
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COMMENTARY Continued from Page 13...
unwilling to go overseas until his status with the Law Society was clarified. He said, “I am not young enough to give up every chance of a future by throwing everything to one side and enlisting. If I did this, should I be fortunate enough to come back again, I would be worse off than ever.” He said he hoped an exception could be made for him, and pointed out that the risk was very small: “I have spent all my working life in the law,” and he noted that he would still have to complete five years of articles and write the Bar examinations before he could be admitted as a barrister and solicitor.
At this point, President Murray seems to have thrown in the towel, writing to Gawman that he would recommend his admission as a student-at-law. Company Sergeant Major Robert Johnson Gawman died in France on February 12, 1916, having suffered a gun shot wound to his right lung and his right clavicle. He was buried in the Etaples Military Cemetery.
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14 BarNotes / Winter 2014
COMMENTARY Citation Guide for the Courts of Saskatchewan Joanne Colledge-Miller MacPherson Leslie & Tyerman LLP You have likely heard there is a new publication called the Citation Guide for the Courts of Saskatchewan. Its purpose is to provide a standard set of citation rules for use in and by the Courts of Saskatchewan. As of October 1, 2014, all submissions to Saskatchewan Courts must conform to this Guide. In developing the Guide, the authors wanted to recognize the disparity in the way lawyers, judges and others conduct legal research as compared to how they cite the results of that research. It is accepted that the majority of legal research is conducted using online databases, rather than referring to bound print report volumes. Existing norms of legal citation do not readily recognize this fact. There are two purposes for legal citations. One – so the reader can locate a copy of whatever is being referenced. And two – it gives the reader an idea of the weight they need to give the reference. Is it a lower court decision from long ago? Or, is it a Supreme Court of Canada decision from 2014? Is it written by a legal scholar? Is it a loose-leaf publication updated recently? Citations to legal materials are important and should be created with care. The Guide stresses the importance of the neutral citation and, where necessary, requires electronic sources to be identified. It introduces a hybrid approach in relation to periods, and it introduces a new way to reference case law or statutes that have previously been referred to in written materials. We will explore each of these points in more detail.
Neutral Citations Are Required Neutral citations are assigned by the courts and clearly identify where the decision is from and how old it is. Any decision with a neutral citation has had paragraph numbers added by the court, making it easier to pinpoint to a specific portion of the decision that can be universally accessed by anyone. The neutral citation contains three parts: the year of the decision; the tribunal identifier, which readily identifies both the jurisdiction and the level of court; and the ordinal number of the decision. The ordinal number is nothing more than a consecutive number assigned by the court for each decision it issues each year. Neutral citations have no punctuation in them and use no lower case letters: e.g., 2014 SCC 5; 2012 SKPC 104; 2009 SKQB 195. A neutral citation allows counsel and litigants to cite to and retrieve decisions without having to rely on a citation specific to an individual publisher, case law report, or database. With the neutral citation in hand, the case can be found electronically regardless of the database used. This is especially important from an access to justice
Ann Marie Melvie Court of Appeal for Saskatchewan perspective, as it allows self-represented litigants to readily access these decisions for free, either using CanLII or a court’s judgment database. While some lawyers may have already been using neutral citations when citing case law, the Courts of Saskatchewan now mandate their use and require that they be listed before any other citation. If a decision is very recent, the neutral citation might be all that is available. Once the judgment is published in a print report, the print report should be used as a second and parallel citation. If a neutral citation is not available, then only one print report needs to be cited.
Reference to Electronic Databases Where Necessary To recognize that most research is now conducted using online databases, the Guide requires that electronic sources such as Quicklaw, WestlawNext Canada, and CanLII, should be identified when pinpointing to a case without a neutral citation. This is necessary because when database publishers add their own paragraph numbering, there are occasionally inconsistencies between publishers. Consequently, where a case has been retrieved from an electronic source and the writer is pinpointing to a paragraph number identified from that source, it is important to indicate the electronic database used. Here is an example: Drope & Co. Ltd. v Pantel (1963), 40 DLR (2d) 455 (QL) (Sask CA) at para 14. Notice the print source (DLR) and the electronic source (QL) are listed right beside each other. Using this format allows the reader to locate the decision in a database using the DLR citation, and it lets the reader know the writer was looking at the case as it exists in the referenced database, in this case Quicklaw. To be clear, the electronic database does not need to be referred to if the decision you are citing has a neutral citation or if you are not pinpointing to a specific paragraph.
Hybrid Approach to the Use of Periods Perhaps the most noticeable change in the Guide is its adoption of a hybrid approach to using periods within a citation. In practical terms, this means that all periods are removed from citations except those contained in proper nouns, including corporate names, or abbreviations in individuals’ names.
Continued on Page 16...
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The rationale for this change is due, in part, to a worldwide trend towards the removal of periods from legal citations, as most clearly seen in the development of the neutral citation in Canada. The Oxford University Standard for the Citation of Legal Authorities (used in England and Wales) and the Australian Guide to Legal Citation removed periods from citations. The 7th edition of the Canadian Guide to Uniform Legal Citation (McGill Guide) also removed periods from citations. Harvard Law School’s Bluebook retains periods, but the University of Chicago Manual of Legal Citation (Maroonbook) adopted a hybrid approach, removing periods from citations but keeping them when referring to names. The majority of the common law world has adopted or is moving towards adopting a citation style that no longer includes periods. The removal of periods from acronyms makes sense. We do not write C.B.C., we write CBC. We write NATO, NFL, CFL, NBA, and NHL. We can therefore do the same with RSC, RSS, SS, SCR, DLR, WWR, CR, CCC, and so on. We know that “RSC” stands for the Revised Statutes of Canada. And we know that “CR” stands for the Criminal Reports. The Guide prescribes that periods should be removed from places in a citation where it is implicitly understood there is an abbreviation. For instance, the period after the “v” in the case name is removed; they are removed from print report abbreviations and from abbreviations to legislation. In criminal matters, periods are removed after the “R”. However, the Guide prescribes that periods must be retained in proper names where their removal could cause confusion: 1. They are retained where they exist in company names. Any periods are part of the legal registered name of the corporation and should be retained (e.g., Coachlight Resources Ltd. v Duce Oil Ltd.). 2. They are retained when the names of parties are initialized (e.g., H.E.K. v M.L.K., or Canada (Attorney General) v H.L., or anytime an abbreviation is used in the name of a party – e.g., E. (Mrs.) v Eve). 3. They are retained in author’s names when secondary sources are cited: e.g., G.H.L. Fridman, Peter W. Hogg.
Then, when you want to refer to that same case again, simply reference the short form: In Housen, the Supreme Court confirmed the standard of review … There is consequently no longer a need to put “supra”, “above”, “hereinbefore” or any other statement after you refer to the selected short form. There are also no rules with respect to what the short form should be. You can use either the plaintiff’s or defendant’s name (or part of their name if a corporation), or an acronym for a parties’ name. It just needs to make sense and allow the reader to readily identify the original decision. This short form applies equally when referring to a statute, though if you are only referring to one statute, you may simply create a short form in this way: The Sale of Goods Act, RSS 1978, c S-1 [the Act]. If referring to numerous statutes, you would create identifiable short forms for those statutes. Of more importance is the emphasis the Guide places on the use of in-text citations rather than footnotes. The primary reason for this emphasis is that in-text citations make it significantly easier for a reader to gauge the weight that should be given to any cited authority. This is because the decision’s year, jurisdiction and level of court are readily evident without the reader having to look away from the text to refer to the bottom of the page or the end of the document. While footnotes or endnotes are generally easier for the writer, they are distracting for the reader because of the need to look away from the substance of the text. This does not mean that footnotes should never be used. When referring to a secondary source, the only information the reader will likely need in order to assess the weight to be given to that source is the name of the author and not necessarily the name and location of the publisher or the title of the journal in which it was published. Where the secondary source citation is long, a writer can refer to the author in the text, and then use a footnote for the full citation. Footnotes should also be used for parenthetical information or for pinpointing to evidentiary references. To be clear, the Guide does not mandate the use of in-text citations over footnotes or endnotes. It simply encourages in-text citations to assist the reader and highlight the importance of the year, jurisdiction and level of court in any case law citation.
Simplified Short Forms
Find the Guide
As mentioned earlier, the Guide introduces an approach that is designed to simplify references to previously cited authorities.
English and French versions of the Guide are available in PDF on the Courts of Saskatchewan website (www.sasklawcourts.ca – under the Resources tab). The Guide contains a table of contents, a twopage quick reference, and detailed explanations and examples of each citation pattern. It is 21 pages long, and covers basic legal citation structure. The Guide is intended to address the majority of citation questions you might have. However, for citation questions not covered by the Guide, you can always refer to the McGill Guide.
In the past, if you were writing a factum, brief or written argument and needed to refer to a decision already cited, you might have written the name of the case and then added “supra” or “above”. The Guide now simply requires that you create a “short form” of the case when you first cite to it. Below is an example: The Supreme Court of Canada in Housen v Nikolaisen, 2002 SCC 33, [2002] 2 SCR 235 [Housen], established the standard for appellate review …
16 BarNotes / Winter 2014
The authors hope that members of the Saskatchewan legal community find the Guide to be a user-friendly, helpful and simplified resource for ensuring legal authorities are consistently and accurately referenced.
COMMENTARY Highlights of the IACP Forum Connie den Hollander Knott den Hollander The International Academy of Collaborative Professionals (IACP), headquartered in Arizona, represents an international community of legal, mental health and financial professionals working in a collaborative model to create client-centered processes for resolving conflict. IACP membership is comprised of 5000 members from 24 different countries. IACP supports collaborative practice worldwide by: • establishing and upholding the essential elements, ethical and practice standards of Collaborative Practice; • fostering professional excellence by educating and providing resources to Collaborative practitioners; • leading and integrating the Collaborative community; and • promoting the growth of Collaborative Practice.
this session will not only assist me in supporting my clients in negotiations but have provided me a greater appreciation for how I, as part of the negotiation team, can impact the environment and ultimately the success of a negotiation. I eagerly attended my next session, “A Practical Approach to Handling Coercive Control or Violence Issues in Collaborative Practice” as I am in the middle of my second collaborative file involving an event of prosecuted domestic violence. I walked away with practical negotiation strategies and some impressive screening tools to assist in identifying a range of patterns of domestic violence and power imbalance that call for special attention in the collaborative process.
Another memorable session for me was “One Size Doesn’t Fit All” which explored process and protocol choices in the Interdisciplinary/Multidisciplinary model of collaborative practice. Saskatchewan’s first multidisciplinary training was offered to Every year the International Association of Collaborative lawyers, financial specialist and mental health professionals in Professionals holds a professional development forum somewhere March of this year and a second multidisciplinary training is being in North America. Some of the places I have travelled in the past offered in Regina in March of 2015. Significant growth in this model to attend this forum include San Diego, Chicago, San Francisco, of interdisciplinary practice in Saskatchewan is predicted. As a Minneapolis, Toronto and New Orleans. Someday I hope to attend board member of the provincial collaborative association and as an one of the professional development institutes outside of North active participant in my local multidisciplinary practice group, I was America. In 2015 this international institute will be held on the gold curious to learn about the ways in which lawyers, psychologists, coast of Australia and in 2016 in Amsterdam. This year the forum social workers, and financial specialists work together in titled “The Art of Holding Hope” was on Canadian home soil, collaborative teams. Throughout the world collaborative practice Vancouver. It was attended by approximately 500 collaborative has evolved from the grass roots, usually professionals from 16 different countries, small local practice groups who develop some of which included Austria, The “In the long history of practice protocols based on the philosophy Netherlands, the U.K., Australia, Hong Kong, of their group, their trainers and/or the Israel, the U.S., Spain and Italy. Although I humankind (and animal culture of their practice region. There are had no part in organizing the forum, I felt kind, too) those who many different models of what “a team proud to “be a host country” and although learned to collaborate of collaborative professionals” looks like. the west coast weather was less than Within the international collaborative collaborative, the forum brought together and improvise most community debates abound about whether an incredible international community and effectively have prevailed.” it is better to have one neutral mental health provided some of the best collaborative professional or two aligned ones. There professional development available. Charles Darwin are debates about how and when a lawyer (1809 - 1882) might bring a mental health professional My attendance at the forum began with a or financial specialist into the collaborative full day session with Pauline Tessler, a lawyer process. This session, and the flexibility with from California who is known worldwide as which the presenters approach collaborative practice, seemed well an innovator in collaborative practice. This session satiated some aligned with the client centred goal of collaborative practice. of my desire to be a neuroscientist when I grow up. We explored neuroscience and behavioural economic theories relating to conflict and decision making including fascinating new research (well…new to me, in any event) studying the brain, mirror neurons Continued on Page 18... and neurobiological conditioning. The lessons I took away from
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Also of interest to me were the informal gatherings. A lunch with Canadian collaborative colleagues left me looking forward to the development of federal collaborative initiatives while an “after hour� gathering of practitioners practicing in such areas as estates and wrongful dismissal left me wondering about the expansive possibilities for collaborative practice. While my memorable experiences are many, the highlight for me and for many of my collaborative colleagues is often the same year to year. It is the opportunity to meet colleagues from around the world. This year, as I participated in a dine around networking event, I shared a dinner table with lawyers from Texas, New Zealand and Hong Kong, a Financial Specialist from Australia and Mental Health professionals from Ohio and New York. The Hong Kong lawyer shared a story of how his firm came to represent a Vietnamese client in a collaborative process because the couple had heard about the collaborative process but could not find lawyers in Vietnam doing collaborative work. It is hearing stories like these, appreciating that the challenges in supporting families experiencing separation and divorce are universal and knowing that there are passionate and dedicated professionals around the world committing themselves to collaborative practice that renews my commitment to client centred practice and the collaborative process.
caLL fOR nOMINATIONS: Elected Members of Council Nominations are now open for Elected Members of Council for the Branch. Any member of the Association in good standing and resident in Saskatchewan may file a Nomination Form for a candidate for the position of Elected Member of Council on or before December 15, 2014 provided the nomination is accompanied by the consent of such member in writing and the written endorsement of three (3) members of CBA Saskatchewan (Bylaw 14(1)). An Elected Member of Council is also a member of National Council (Bylaw 16.1(6)). All Elected Members of Council serve a two (2) year term. A candidate must be a member of the Association and reside in the electoral district for which he or she is nominated (Bylaw 16.1(2)). Only members resident in the particular electoral district are eligible to vote for the Elected Member of Council to be elected for that electoral district. CBA Saskatchewan is entitled to twenty-four (24) Elected Members on National Council: eight (8) voting members and sixteen (16) non-voting members (National Bylaw 1(73)(1)). The Executive Committee shall determine which of the Elected Members of Council will be designated as voting and non-voting members of National Council (Bylaw 16.1(6)(b)). All twenty-four (24) Elected Members of Council are voting members of Branch Council. National Council meets twice a year, at the National Mid-Winter and Annual Meetings, normally held in February and August respectively. Branch Council meets twice a year. There is also a Branch Mid-Winter Meeting and Annual Meeting each year. Deadline for nominations is December 15, 2014.
More Information: http://bit.ly/CBASK-2014Nominations
18 BarNotes / Winter 2014
COMMENTARY The Condominium Property Amendment Act, 2013 and The Condominium Amendment Regulations, 2014 Sheri Hupp Ministry of Justice The Condominium P ro p e r t y Amendment Act, 2013 amended The Condominium Property Act, 1993 and The Condominium Property Amendment Regulations, 2014 amended The Condominium Property Regulations, 2001. The Bill and Regulations were as a result of an extensive consultation process with the condominium community and the professionals that advise them.
circumstances. The amendments also establish limitations on fees charged by the condominium corporation for interest rates, administration, service fees and the estoppel certificate, and establish some requirements around the renting of units for periods of less than one month. Any policy questions should be directed to the Office of Public Registry Administration at 306-798-1079. More information regarding changes to procedures in the Land Registry, Survey Directory or Corporate Registry may be found at www.isc.ca or by calling Information Services Corporation at 1-866-275-4721.
The amended Act and Regulations came into force on June 16, 2014. These recent amendments can be categorized into four main themes: insurance; condominium conversions; dispute resolution and consumer protection. Condominium corporations must now carry directors’ and officers’ liability insurance and insurance on bare land units developed as townhouses or other multi-family dwellings. Condominium developers are required to prepare “standard unit descriptions” and corporations may pass bylaws to define a “standard unit description” in their development for insurance purposes. A bond or letter of credit must be provided for every condominium development with units used for residential purposes and the amount of security has increased. Developers must prepare reserve fund studies for all new developments created by the conversion of apartments and buildings into residential units, turn over additional information to the corporation and disclose additional information to purchasers of new condominium units. Condominium corporations may now seek compensation from a unit owner or tenant for damages caused by a contravention of the bylaws. A unit owner, tenant, mortgagee or other interested person may seek a court order requiring a condominium corporation or board to fulfill its duties under the Act and to recover damages if appropriate. The Act includes an oppression remedy for owners who believe they are being treated unfairly or oppressively by their condominium corporation. Condominium corporations are required to file an annual return with the Corporate Registry starting April 1, 2015. Effective on June 16, 2014, they will also be required to have a reserve fund study completed every five years and have their financial statements audited annually with the ability to opt out in certain
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FROM THE BENCH Judge Maria Lourdes Afiuni Judge Karl Bazin Provincial Court of Saskatchewan Being in the legal profession in Canada is marked by so many things that we take for granted, the topic of judicial independence and lawyer self-regulation are not often topics around the water cooler. Lawyers have a degree of separation from the state, through self-regulation. This is significant to clients, to know that their lawyer is not governed by government regulators, particularly with our heavily regulated society. Lawyers, on behalf of their clients sue and challenge the government’s authority on a regular basis, in both civil and criminal fields. Clients in Canada do not have to worry about the loyalty of their lawyer to their cause. They do not have to worry about checking over their shoulder to see if by displeasing the government they may be fearful of repercussions from government regulators. Equally when they appear in court they do not have to be concerned that the judge deciding their case can be influenced by any party, including the government. When I sit in court every day, I am not concerned whether or not the police, who may not have been overly happy about who I may have released on bail, will be storming my office, and throwing me in jail, to charge me with helping an accused escape from custody, because I released the person on bail. As strange as that may sound, this is what happened to Judge Maria Lourdes Afiuni, in December 2009. Judge Afiuni is a Judge in Venezuela. Many of you may know her story as the CBA had protested her imprisonment and treatment. At that time, then President Hugo Chavez on national television condemned her for releasing a prisoner that he would rather have stayed in jail. Her story is well covered online and I will not go into the details but suffice it to say that she was brutalized in prison. The government avoids dealing with her trial by simply not having the prosecutors show up for court. This appears to be the preferred manner of delaying matters in Venezuela, as this is the same set of circumstances that caused Judge Afiuni to release the prisoner that she was condemned and charged for.
and if she was present she may or may not be able to speak to the judges present at the conference. There remains a very real threat of further action against Judge Afiuni for speaking publicly as part of her release conditions restrict her from leaving the country and speaking to the media. Firstly when the feed came live and Judge Afiuni was present, she was greeted by a thunderous ovation that would have gone on unchecked if not for the organizers quieting the crowd not to lose the feed before Judge Afiuni could be presented the award. We were soon to be witnesses to true courage. Judge Afiuni addressed the conference without hesitation or concern for her welfare, while those with her were obviously unsettled by Judge Afiuni’s boldness. We later learned that they were her supporters and lawyers, all concerned that she not risk further action against herself by speaking to the Canadian judges. In accepting the Justice Award, Judge Afiuni spoke from the heart as to the respect of the rule of law and judicial independence. As one might have expected from someone with such strength and selflessness she accepted the award, not only for herself, but for all those in Venezuela who continue to stand up against oppression and uphold the rule of law and judicial independence. Judge Afiuni was clearly moved by the outpouring of support from her Canadian colleagues, simply knowing that she was not alone and not forgotten. Through the award and the presentation she knew that her personal sacrifice for the benefit of us all who uphold the rule of law, independence of the legal profession and judiciary, was understood by her peers. I left with a very personal reminder that something that we take for granted in Canada, is not so in other parts of the world. And a reminder that these doctrines enshrined in our law did not come without sacrifice. Although not a daily topic in our practices we should be always vigilant as there are factions in society that do not respect lawyer independence and the rule of law, and they would prefer that they were not upheld by such people as Judge Afiuni.
What I wanted to pass on was my recent experience at the Canadian Association of Provincial Court Judges (CAPCJ) annual conference in Winnipeg, where Judge Afiuni was receiving the Association’s Justice Award. This award is given to a judge who on the national or international stage has made an extraordinary contribution to the maintenance of judicial independence and the rule of law. Judge Afiuni was to appear by closed circuit television. Before going live on close circuit television, it was explained to the delegates that Judge Afiuni may or may not be able to be present,
Winter 2014 / BarNotes 21
PRO BONO SPOTLIGHT 5th National Pro Bono Conference Nicole Sarauer Pro Bono Law Saskatchewan The 5th National Pro Bono Conference was held in Regina Saskatchewan, September 24-26th, 2014, in partnership with Pro Bono Law Saskatchewan, Access Pro Bono of British Columbia, Pro Bono Law Ontario, Pro Bono Law Alberta and Pro Bono Quebec. This year’s conference was a great success with over 150 attendees participating in a variety of interesting and engaging plenaries and panel workshops. The conference featured presentations by the Honourable Justice Cromwell, James Lockyer, and Richard Zorza. Another highlight of the conference was the Canadian Pro Bono Awards Banquet, where awards were handed out to McKercher LLP, Duncan Marsden, and Connect Legal for their incredible pro bono work.
Victor Dietz, QC, with David Stack of McKercher
McKercher LLP lawyers have been long-time volunteers with the Regina Free Legal Clinic run by Pro Bono Law Saskatchewan (“PBLS”) and the legal advice clinic operated by CLASSIC. They have also been long-time supporters of Pro Bono Students Canada. McKercher was one of two Saskatchewan firms to launch the “Northern Initiative” project in partnership with PBLS, where lawyers provide legal advice to low income persons in northern communities using peer-to-peer technology. Duncan Marsden is a partner with Borden Ladner Gervais LLP in its Calgary office. In addition to carrying on a busy practice in the areas of labour and employment, Duncan devotes a significant amount of time to pro bono work. Duncan provides pro bono services to many individuals with respect to matters that significantly impact their lives. Also notable is the pro bono work Duncan performs for non-profit organizations. Duncan provides ongoing services to organizations such as MitoCanada, an organization that provides support to help improve the quality of life for individuals with mitochondrial disease. Connect Legal is an Ontario based organization that works to advance economic development in Canada by promoting entrepreneurship in immigrant communities. They assist these individuals by partnering with commercial law firms and community services to deliver accessible legal support. Connect Legal provides free workshops, resources and individual assistance to low-resource business owners. Since its inception in 2009, it has assisted over 1200 business owners. We would like to give a special thanks to everyone who attended the conference and the banquet this year. We also want to 22 BarNotes / Winter 2014
Victor Dietz, QC, with Duncan Marsden
Victor Dietz, QC, with Marion Annau of Connect Legal
thank all of our sponsors for their gracious contributions. Thank you for participating and helping to make the conference’s first trip to Saskatchewan a success!
COLLEGE OF LAW Aboriginal Law Students Association Stacey Jestin College of Law, University of Saskatchewan In the Aboriginal community there is nothing that is more important than family. Your family is everything. They are your social, emotional, and psychological support and help guide you through the challenges you face in life. For some students, law school is a particularly challenging time. You are away from home, the workload is intensive, and the financial burden can be overwhelming. The need for support during law school is overly apparent and was one of the reasons that the Aboriginal Law Students Association (ALSA) was formed. In the early 1990s, a group of Aboriginal students recognized their need for support and wanted to create a familial support group within the College of Law. Many Aboriginal law students are parents, mature students, or come from different cultural backgrounds than the majority of law students. The student groups and programs in place did not address their specific needs. The formation of ALSA allowed for a student group to focus on what was important to Aboriginal students’ academic success. ALSA became a law school family, a group of peers that understood the struggles each other faced and became their support. Two decades later, ALSA still tries to combat the challenges that Aboriginal students face by providing for a space where we can support each other through encouragement and kinship. We put on a variety of events throughout the school year that we believe provide a benefit to our members. We host lunches and provide soup and bannock where students can meet and talk. Occasionally we also have an Aboriginal Elder come to our monthly meetings to address our group members. We also bring in Aboriginal speakers
to talk to all of the students at the College of Law on Aboriginal issues in the law and legal profession. ALSA also tries to support and encourage students to participate in various professional development opportunities. Recently we had a number of students attend the Indigenous Bar Association Conference in Calgary, which was a great opportunity for networking with Aboriginal legal professionals. We fundraise throughout the year to be able to provide support for experiences like the IBA Conference. Some other reasons we fundraise are to support various charities in Saskatoon and to raise enough money to host a separate culturally unique graduation ceremony that is open for any student to participate in. Although ALSA operates with a focus on Aboriginal students, membership and our events are open to all students at the College of Law. ALSA still operates with the same goals and purposes in mind and has become a place where cultural values and traditions can be incorporated into our lives as law students. Aboriginal students have fought for the formation of this group and the benefits it provides, their efforts are remembered through the continued promotion of ALSA and the success of our Aboriginal students.
Stacey Jestin currently serves at the Aboriginal Law Students Association CBA Representative.
College of Law students attend the Indigenous Bar Association Conference in Calgary, a great opportunity for networking with Aboriginal legal professionals.
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COLLEGE OF LAW Lloydminster Firm Crawl Breanne Lothian & Caeli MacPherson College of Law, University of Saskatchewan On October 17, 2014 a group of students from the College of Law travelled to Lloydminster to explore the opportunities present in the community. Students came from diverse backgrounds with various reasons for attending. Some students were visiting their home community; others were experiencing the practise of law in a smaller centre for the first time; and some were actively pursuing employment opportunities. The main objective of the trip was to expose students to career opportunities available in small urban and rural centres. The first trip was to Weyburn in 2009. Mr. Bill Holliday attended the CBA Showcase in February of that year and provided a presentation on working in small urban and rural communities. He then invited the students to Weyburn to experience firsthand what he was talking about. A year later a student committee was formed in conjunction with the College of Law Career Office to plan various trips and to develop initiatives. Since then, the committee has visited many communities including Moose Jaw, Melfort, and the Battlefords. Students have enjoyed experiencing these smaller centres and have found it interesting how different these communities can be. The highlights of this year’s trip to Lloydminster included a presentation from community members at a networking luncheon, tours of local firms, a meet and greet with Judge Young, and the opportunity to network with local lawyers. The firm tours allowed students to gain a more intimate understanding of the firms in Lloydminster. Students were fortunate to tour four local firms and to learn about each firm’s history and present practices. Students were surprised at the substantial need for lawyers in the community as expressed by many of the local firms. Judge Young gave students a behind-the-scenes tour of the Saskatchewan Provincial Court where he provided students with advice, anecdotes, and encouraging words. The day finished with a relaxed wine and cheese where students were able to visit with lawyers on a one-on-one basis. As many smaller centres do not actively recruit, building these networks are important for students looking for employment outside the major city centres. Students found Lloydminster to be a friendly, welcoming community full of opportunities. This year the students were fortunate to have a professor with a personal connection attend the trip. Having grown up and practised law in Lloydminster, Professor Glen Luther was able to offer a unique perspective on the community. His attendance on the trip, as well as participation in an information session promoting the trip, was greatly appreciated by the students. 24 BarNotes / Winter 2014
Those who attended the trip would like to thank Ryan Armstrong for all of his hard work organizing the day as well as CBA Saskatchewan for their generous financial contribution towards the transportation cost. We would also like to extend our thanks to Stephanie Dobson, Terri Karpish, and everyone else who made the day such a success. The local law firms and community of Lloydminster did a great job of welcoming us into their community and showing us what the city has to offer. In addition to the Small Urban and Rural Firm Crawl, the Career Fair and CBA Showcase of Saskatchewan firms, both hosted at the College, are great opportunities for students to gain exposure to a variety of firms. We would encourage anyone interested in participating in these initiatives or if you are interested in having a summer or articling student, to contact the College of Law Career Office at terri.karpish@usask.ca or 306 966-1924. Students are eager to learn about the wide range of opportunities available in the legal community.
Members of the Small Urban & Rural Committee
Group Photo from the Lloydminter Firm Crawl
NATIONAL NEWS Highlights from the Association Spotlight on Interventions
National Magazine Articles of Interest “Mind the gap” by Yves Faguy Why federal plans to introduce price-gap legislation will be costly for the Competition Bureau, private business and, ultimately, consumers.
Intervening in court cases to defend and clarify principles of law is an important part of the work done by the CBA. In the face of significant reaction both for and against a recent decision to intervene, however, the CBA has decided to take a look at its intervention policy, including the criteria that must be present for interventions, responsibilities for reviewing and authorizing factums, and how and when CBA bodies can provide input.
More Information: http://bit.ly/1xl8UKS
Read More: http://bit.ly/1xl95G1 “Tough going” by Janice Tibbetts It’s time for law firms to help partners plan for retirement.
Read More: http://bit.ly/1xl9acS
Legal Profession Assistance Conference Award of Excellence
Do Law Differently
In its seminal report Futures: Transforming the Delivery of Legal Services in Canada, released in August, the CBA Legal Futures Initiative promised to support the Canadian legal profession in embracing innovation, and in bringing transformative change to the way we deliver legal services in Canada. Our soon to be launched website is a direct result of that promise. The microsite is a virtual showcase highlighting people who are bringing the future of law into the present. Do Law Differently is a space for celebrating innovation in the Canadian legal profession, featuring Canadian legal innovators and their experiences in legal entrepreneurship, community lawyering, law and technology, and transforming legal education and our governing bodies. Spend some time with our innovators – we guarantee you’ll be inspired.
Students react to the CBA Futures Report: http://bit.ly/1xl8WCJ
Pictured: (L-R) LPAC Chair Dana Schindelka, Marie Christine Kirouack and CBA President Michele Hollins, QC, in Calgary at the 11th Annual LPAC Workshop.
A Montreal lawyer with a distinguished career in the field of family law is this year’s recipient of the Legal Profession Assistance Conference’s Award of Excellence. Marie Christine Kirouack, Executive Director of the Programme d’aide aux membres du Barreau du Que-bec since 2011, has been practising in the field of family law for nearly 25 years.
More Information: http://bit.ly/1xl9dFE
Winter 2014 / BarNotes 25
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POSTCARD Tanzania Amjad Murabit College of Law, University of Saskatchewan The English writer Samuel Johnson once wrote that “the use of travelling is to regulate imagination by reality, and instead of thinking how things may be, to see them as they are.” I was fortunate enough to have the opportunity to do just that this past summer when I interned with United Nations International Criminal Tribunal for Rwanda (UNICTR). I spent three months in Arusha, Tanzania, home to the UNICTR legal offices and was immersed in appeals cases from the 1994 Rwanda Genocide. During my internship, I was placed on the Butare appeals team. Butare is a Southern Province of Rwanda which is synonymous with some of the most gruesome massacres that occurred during the 1994 Rwandan genocide. The genocide began after the President Juvénal Habyarimana’s plane was shot down on April 6th, 1994. Hutu extremists claimed that the Tutsis were behind the attack and began to murder Tutsi civilians and any “moderate Hutus” who attempted to help the Tutsi. Approximately 800,000 lives were taken during the genocide.
In the past twenty years, the presence of the UNICTR has led to an increase in the number of legal professionals in Arusha. However, these numbers are gradually decreasing as the Tribunal is close to fulfilling its mandate. Nonetheless, Arusha remains a city of professional development and tourism. For many young doctors and young nurses, Arusha offers various private hospitals where they can develop their skills. For tourists, it is a hotspot of bucket-list activities. Arusha is the gateway to the Serengeti, an ecosystem that extends from northern Tanzania to south-western Kenya, where 90,000 tourists take part in safaris each year. Most of these tourists explore the largest unbroken volcanic caldera in the world, the Ngorogoro Crater, during their safaris. In addition, Arusha is also approximately one hour away from the highest free-standing mountain in the world and Africa’s largest Mountain, Kilimanjaro. All three of these locations are listed under the Seven Natural Wonders of Africa.
The case I was assigned to, The Prosecutor v Pauline Nyiramasuhuko et al., was a joinder case that comprised six high profile accused in the region (“The Butare Six”). The accused were military, political and civilian authorities in Butare and the trial ran for ten years, from June 12, 2001 to June 24, 2011. It had over 189 witnesses, over ten thousand pages submitted into evidence and is arguably the most expensive international trial ever to be completed. All six of the accused were convicted and Pauline Nyiramasuhuko became the first woman convicted of genocide. The Prosecutor v Pauline Nyiramasuhuko is the final scheduled appeals hearing to be held at the UNICTR.
I was fortunate enough to go on a four day, three night safari with Duma Explorer. Our excited safari group of 7 took off in a modified Toyota Landcruiser, its sturdy frame the only thing that separated us from the wildlife we both fervently wanted to see yet also anxiously feared. Our safari guide Isack relied only on his extensive experience to guide us safely through a puzzling mass of off-road tracks throughout the 14, 763 km2 park. His goal for us was to find the big 5: the African Lion, the Black Rhinoceros, the Cape Buffalo, the African Elephant and the African Leopard. We
Elephant selfie in the Serengeti
African Leopard on the prowl
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Winter 2014 / BarNotes 27
POSTCARD
Two religions side by side: Muslim prayer in square in Bethlehem
Cliffside monastery on Jericho’s ancient Mount of Temptation
Lioness wandering the Serengeti
Beautiful island of Zanzibar
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found all these and more – we even had a couple of frightening close calls! In our first night sleeping in our tent, we heard something claw at the canvas of the tent. We laid there in petrified silence, willing our unknown and unwelcome visitor to peacefully leave. We were only given a whistle and a walkie-talkie to use if we ran into any problems. Weapons are not allowed in the Serengeti for anyone, so we did not think it would be wise to call over a guide and have him investigate the situation unarmed and in the dark. Blowing the whistle or using the walkie-talkie would only attract more unwanted attention from the creature outside. The next morning, our guides informed us that our late-night visitor had been an African Leopard, the second most dangerous animal in the Serengeti. Two nights later, we were staying at a lodge in the volcanic Ngorogoro Crater and as we were walking out of the lodge, our concierge flashed his light in a dark corner and said “buffalo.” We had spent part of the day listening to horrific stories about various Cape Buffalo attacks on tourists and did not feel that flashing a light in the creature’s eyes was in our best interest. There is something extraordinary about seeing these animals in their natural habitat. It is both soul soothing and awe inspiring to see elephants and giraffes roaming free, lion cubs being raised by their mothers, a rhinoceros walking on the horizon, and a leopard hanging by his tail in the trees. Travellers from all over the world leave the serene Serengeti with an album of memories and a feeling of wonderment and admiration. As renowned field biologist George Schaller said, “[t]o witness that calm rhythm of life revives our worn souls and recaptures a feeling of belonging to the natural world. No one can return from the Serengeti unchanged, for tawny lions will forever prowl our memory and great herds throng our imagination.” 28 BarNotes / Winter 2014
Apart from safaris, Tanzania boasts some of the most pristine beaches in the world on the island of Zanzibar. I stayed on the island for 3 days but could have stayed for months. Once a vacation and honeymoon hotspot, Zanzibar’s popularity with world travellers has dwindled in recent years because of religious tension. We enjoyed its immaculate resorts and beautiful beaches without incident and I would love to go back. I intend on returning to Arusha at some point in the future to climb Mount Kilimanjaro as I was unable to do so due to a lack of time. I am thankful whenever I have the opportunity to travel abroad and work in a new environment. I left Tanzania not only with a better understanding of litigation and International Criminal law, but also with a greater understanding of culture, art and experience. Travelling allows you to learn and question the past and witness, first-hand, human sacrifice, perseverance and ingenuity. As put forward bluntly by St. Augustine, “the World is a book, and those who do not travel read only a page.”
Zanzibar sunset
PROVINCIAL NEWS Provincial Court Judge Appointed in Saskatoon On October 17, 2014, Dr. Sanjeev Anand, QC, was appointed as a judge to the Provincial Court in Saskatoon.
York University. Dr. Anand began his career as a Legal Aid staff lawyer. He then worked as a Crown Prosecutor in Edmonton and Counsel in the Criminal Appeals Division of the Alberta Department of Justice.
“Judge Anand is an exceptional appointment to the bench,” Justice Minister and Attorney General Gordon Wyant said. “For more than 20 years, he has provided valuable contributions to the legal profession in Saskatchewan and Alberta. His experience will certainly enhance the judicial system in our province.”
In 1999, Dr. Anand became an assistant professor at the College of Law at the University of Saskatchewan. Not long after, he moved back to Edmonton to work as a professor at the University of Alberta’s Faculty of Law. For ten years, he taught and researched in several areas, including criminal law, sentencing, and youth justice law. In 2011, he was appointed the Dean of the College of Law for the University of Saskatchewan. Judge Anand replaces Judge Sheila Whelan, who retired in September.
Judge Anand received a Law Degree from Osgoode Hall Law School of York University in 1993. He later went on to complete a Master of Laws degree from the University of Alberta and a Doctor of Philosophy degree in Law from Osgoode Hall Law School of
CBA Recognized during Right to Know Week 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 28 September 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 the first provinces to celebrate RTK Week, beginning in 2006. RTK activities are now held in almost all of Canada’s 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 vote. Public access to information is one vital means to that end. This year’s activities in Saskatchewan included proclamations of Right to Know Week from the Government of Saskatchewan and the cities of Regina and Saskatoon, a lecture in Regina, newspaper
articles, and a film series at the Regina Public Library Film Theatre. The Week’s feature event was a lecture on September 29 at the University of Regina by Ron Kruzeniski, QC, who was appointed earlier this year as Saskatchewan Information and Privacy Commissioner. Mr. Kruzeniski spoke about his goals as Commissioner. The Commission is responsible for both ensuring public access to public information and promoting protection of privacy in the hands of public institutions. The Commission rules on appeals against refusal to provide access, investigates privacy breaches, and provides education and guidance to the public and to government. Mr. Kruzeniski spoke about his plan for the Commission to be more efficient and effective. The Commission has participated in a LEAN review of its own process, is updating its website and seeks to address delays in responding to access requests and appeals. He said that one of the roles of the Commission is to keep the process moving. Quoting the adage, “justice delayed is justice denied”, he said that if you have a right to access and you get the information right away, then you get what you wanted. But if you have to wait too long, then your right may be denied or diminished even if Continued on Page 30..
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the information is eventually produced. Mr. Kruzeniski said his advice to people and institutions responsible for dealing with access requests “Let’s get these things dealt with sooner”. One method for public institutions to promote access is to use open information platforms which make access requests unnecessary, since the information is already accessible. When appeals are received, the Commission will try to facilitate settlements with the agreement of the parties. The Commission may also produce more succinct reports.
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the Regina Leader-Post; the Saskatoon Star Phoenix; the University of Regina; and the University of Saskatchewan College of Law.
The work of the Right to Know Committee is done by a group of volunteers. The Saskatchewan RTK 2014 Committee was chaired by Mark Anderson and included Jeff Barber, Kaylea Dunn, Greg Fingas, Karen Jaster, Erin Kleisinger, Ron Kruzeniski, QC, David Meldrum, Joan Niedermayer, Neil Robertson, QC, and Shannon Whyley.
Mr. Kruzeniski also spoke about steps to protect privacy, including the need for citizens to be more concerned about their own privacy. Destruction of public records when retention periods are expired eliminates the risk of inadvertent disclosure. Lax procedures, including sharing of passwords, faxing to wrong numbers, taking files home, and improper disposal of files, also increase the risk of inadvertent disclosures. Public employees who improperly access private records should be subject to serious discipline or dismissal. At the same time, undue fear over privacy can interfere with legitimate access requests, so continuing education is necessary. Finally, the Commission will likely be involved in the review and possible amendment of legislation, including The Freedom of Information and Protection of Privacy Act, The Local Authority Freedom of Information and Protection of Privacy Act, and The Health Information Protection Act, all of which were originally passed in the 1990s. The Regina Public Library Right to Know Film Series was held from September 25 – 27, showing films selected by the RPL Film Theatre to highlight access to information: “Watchers of the Sky” is a 2014 film about Raphael Lemkin, a lawyer who escaped from his native Poland in 1941 and became a professor of law in the United States known for his pioneering work on the crime of genocide; “Ai WeiWei: The Fake Case”, a 2013 documentary about the house arrest in China of Ai WeiWei, a world famous artist and human rights advocate; and “Money for Nothing: Inside the Federal Reserve”, a 2013 documentary about the workings of the Federal Reserve and decisions which led to the 2008 financial crisis. The RTK Committee has been sponsored by many organizations, including: • the Canadian Bar Association, Saskatchewan Branch (CBA Saskatchewan); • the Saskatchewan Regional Group of the Institute of Public Administration of Canada (IPAC); • the Johnson-Shoyama Graduate School of Public Policy (JSGS); • the Law Foundation of Saskatchewan; • the Office of the Saskatchewan Information and Privacy Commissioner; • the Regina Public Library; 30 BarNotes / Winter 2014
Pictured Above: Mark Anderson, Chairperson of the Saskatchewan Right to Know Committee, brings greetings from JSGS. Pictured Below: Ronald J. Kruzeniski, QC, Saskatchewan Information and Privacy Commissioner, addressed the crowd as the event Keynote Speaker.
Calendar of Events December 11, 2014 Executive Committee Meeting Conference Call December 15, 2014 NOMINATION DEADLINE: TREASURER & MEMBERS OF COUNCIL January 16, 2015 Executive Committee Annual Planning Meeting Regina January 21, 2015 Mock Interviews at College of Law Saskatoon February 4, 2015 Executive Committee Meeting Saskatoon February 5, 2015 Council Saskatoon February 5-6, 2015 MID-WINTER MEETING Saskatoon February 20, 2015 CBA Board of Directors Ottawa February 21-22, 2015 CBA Mid-Winter Meeting of National Council Ottawa March 12, 2015 Executive Committee Conference Call April 9, 2015 Executive Committee Conference Call April 15, 2015 NOMINATION DEADLINE: COMMUNITY SERVICE AWARD April 16, 2015 LAW DAY April 18, 2015 Law Day Mock Trial Saskatoon April 18, 2015 Run for the Law Fun Run/Walk Saskatoon April 25, 2015 Law Day Mock Mediation Regina April 25, 2015 Lynn Smith Memorial Run Regina
Have you changed office locations or have a new job? If so, please advise CBA Saskatchewan so we can update our records. All changes should be sent to info@cbasask.org. Written changes may be sent to: CBA Saskatchewan, 306, 105-21st Street East, Saskatoon, SK, S7K 0B3. Updated addresses are needed for our National Database and Legal Directory & Day Planner publication.
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