THE CANADIAN BAR ASSOCIATION • SASKATCHEWAN BRANCH
SUMMER 2021
VOL. 35.1
IN THIS ISSUE
The Canadian Bar Association Saskatchewan Branch 305, 135-21st Street East Saskatoon SK S7K 0B4 www.cbasask.org
BARNOTES Editorial Board
FEATURE COMMENTARY
HANNAH ZIP Editor Scotiatrust
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Covid-19 Insolvancies: What Will the Next Year Bring?
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Legal Job Searching Within a Pandemic: Where Your Keyboard has no Geographical Borders
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Changes to the Divorce Act Take into Account the Effects of Family Violence
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When the Pandemic is Over – Thoughts on Rural Legal Practice After the Covid-19 Pandemic
BRANCH NEWS
CLYDE DROVER Saskatoon Housing Authority NICOLE HAMM ISC – Information Services Corp TONYA LAMBERT Koskie Law FOLUKE LAOSEBIKAN, Q.C, PH.D F L K Law Firm CHRISTINE LIBNER Scharfstein Gibbings Walen Fisher LLP AMJAD MURABIT Saskatchewan Human Rights Commission JAMES STEELE Robertson Stromberg LLP
FROM THE BENCH
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Editor's Notes
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President's Message
The Provincial Court of Saskatchewan; Reflections From a Pandemic Year
COMMENTARY
PRO BONO
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CREATE Justice: 'Enough Already' - Taking Positive Action to Stop Sexual Harassment in Saskatchewan Workplaces
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A Check-in With Pro Bono Law Saskatchewan
POSTCARD FROM THE EDGE 16
Iraq as a Vacation Destination?
ITEMS OF INTEREST
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Advertiser Index
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Calendar of Events
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MONTEEN DENT Executive Director CBA Saskatchewan LAYOUT & DESIGN Katrina Forgrave Graphic Designer
BarNotes is a publication of CBA Saskatchewan which is published 2 times a year. This publication is intended for information purposes only and should not be applied to specific fact circumstances without the advice of counsel. CBA Saskatchewan represents more than 1,200 members and is dedicated to improving access to justice, reviewing legislation and advancing the administration of justice. Contact Monteen Dent, monteen@ cbasask.org for information on advertising. © CBA Saskatchewan 305,135 – 21st Street East Saskatoon, SK S7K 0B4 www.cbasask.org
EDITOR’S NOTES
HOPE SPRINGS ETERNAL HANNAH ZIP LETTERS TO THE EDITOR hannahzip@gmail.com
Welcome to Summer! The first dose of the vaccine is being administered with the second dose hot on its heels, the sun is (sometimes) shining and the flowers are blooming. It’s easier to feel cheerful after winter’s end, but this year I am more acutely aware of the effect the warmer months are having on my psyche. With this growing sense of optimism and hope,
this issue of BarNotes is looking to the future for when COVID will loosen its grip on all facets of our lives. In the spirit of optimism and joy, and as a way to get to know the members of the BarNotes editorial committee for the past year, 2020-2021, we thought it would be fun if each member answered the questions, “what are you most looking forward to post-pandemic?”
mask! I have made many friends at my gym and yoga studio and I have really missed their encouragement and motivation over the past year. Also, I would love to be able to mindlessly wipe mascara flakes and other debris out of my eyes or lick syrup/melted ice cream/random sauces off of my fingertips without the crushing sense of impending doom because I just signed my own death warrant. And travel! Who doesn’t miss travel?
I am looking forward to being able to attend group fitness and yoga classes again both indoors and without a
WHAT AM I LOOKING FORWARD TO POST-COVID?
FOLUKE LAOSEBIKAN, Q.C.: When the pandemic is over, I am looking forward to getting together with family and friends, and definitely looking forward to travelling, attending a concert or festival or simply walking on a busy crowded street.
CLYDE DROVER: Perfectly ripe bananas! I miss stopping at the grocery store on my daily walk home and nailing the timing of fresh produce. I am looking forward to having no hesitations in going to the grocery store as many times as I want.
JAMES STEELE: Personally, I am most looking forward to travelling to new cultures again. However, during Covid, it has been wonderful to see corners of the province during the last year, that one does not often see. Professionally, it will be nice to attend Court in person again, as there is something unique about being in the same room as the judge when making submissions.
NICOLE HAMM: I am most looking forward to hugging my nieces and nephews more often.
TONYA LAMBERT: I am looking forward to travelling and visiting family and friends after the pandemic.
CHRISTINE LIBNER: I am most looking forward to hugging my grandpa and kissing my new baby niece all over her precious face.
AMJAD MURABIT: I am most looking forward to seeing family and friends in person and introducing them to my son. We had a trip cancelled at the outset of the pandemic and I am really looking forward to travelling and exploring more of this beautiful planet.
SUMMER 2021 3
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BRANCH NEWS
PRESIDENT'S MESSAGE CHRIS WEITZEL, QC SASKATCHEWAN GOVERNMENT INSURANCE cweitzel@sgi.sk.ca 306-775-6432
It has been my great honour and privilege to serve as President of CBA Saskatchewan this past year. Even in the midst of a worldwide pandemic which has shifted the manner in which we gather and communicate, it has truly been a pleasure to (virtually) meet with friends and colleagues from Saskatchewan and all across the country. This has been a unique year, one like we have never experienced but from it, we have been forced into a transformational change across society with how we work and communicate with others. The
justice system is also evolving and modernizing. The CBA has been fortunate to be a collaborative partner with the Courts and the government as they innovate into this new reality. We have worked hard during these times to ensure that the CBA has been able to continue and build upon our great relationships with members, the judiciary and government. CBA Saskatchewan had to quickly adapt and respond to changing needs as a result of the events in the last 18 months. We have worked diligently to provide member services and support and advocate for process changes in response to the current environment. Section meetings, the Mid-Winter Meeting and CBA governance meetings all took place on a virtual platform this year. Feedback from our virtual events has been mostly positive and it has allowed members to attend the meetings virtually where
travel has been a prior issue. We continue to examine this capability going forward. I am very proud of the ongoing work that the CBA is undertaking. We continue to promote access to justice, inclusivity, reconciliation, advance the rule of law and advocate on issues that enhance the legal profession. This is only possible with the assistance of our dedicated volunteers from the bar and the bench that share a passion to contribute for the benefit of our profession and the public. Thank you for all of your valuable contributions! I would like to especially thank the staff at the CBA Saskatchewan office and the Members of the Board for their support and hard work. I am extremely pleased to pass the Presidency to your incoming President Reché McKeague. Take care and stay safe.
SUMMER 2021 5
COMMENTARY
CREATE JUSTICE: ‘ENOUGH ALREADY’ – TAKING POSITIVE ACTION TO STOP SEXUAL HARASSMENT IN SASKATCHEWAN WORKPLACES HEATHER HEAVIN ASSOCIATE DEAN OF RESEARCH AND GRADUATE STUDIES, COLLEGE OF LAW BREA LOWENBERGER DIRECTOR, CREATE JUSTICE & A2J COORDINATOR, COLLEGE OF LAW
One recent project that aligns with these goals is the ‘Enough Already’ project. A 2019 poll conducted in Saskatchewan revealed that over 34% of respondents had experienced sexual harassment at work, and 40% of respondents had experienced or witnessed sexual harassment at work.1 While the prevalence of sexual harassment is significant, it is also financially costly for business. A 2007 study concluded that loss of productivity attributed to sexual harassment alone accounted for a cost of $22,500 for businesses, and this did not include retention losses, or health
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and wellness impacts and costs on individuals.2 In 2019, a coalition of Saskatchewan organizations successfully received funding from the Federal Ministry of Justice to work on reducing and eliminating sexual harassment in Saskatchewan workplaces. This coalition, consisting of representatives from the Saskatchewan Human Rights Commission, the Saskatchewan Chamber of Commerce, Sexual Assault Services of Saskatchewan, Public Legal Education Association, the Saskatchewan Industry Education Unit, and CREATE Justice, College of Law at the University of Saskatchewan. The success of this funding resulted in the creation of ‘Enough Already’, a collaborative and comprehensive hub to provide information, training, and supports for Saskatchewan workers, employers and bystanders. Enough Already is about raising awareness, but, more importantly, it aims to make an impact on improving workplaces practices and culture, so that all people, regardless of gender or sexual orientation, can experience safe and productive workplaces. A visit to the Enough Already website at https:// enoughalreadysk.ca/ will reveal information and practical resources for employers that need support in drafting workplace anti-harassment policies and setting up responsive complaint and investigation systems. It also supports workers in unique ways, such as providing free employment-coaching services, and referrals to PLEA’s ‘SHIFT’ initiative that offers free legal advice to harassed workers. Bystander training is an important and unique feature of the supports and training available and is meeting an unmet need of supporting co-workers or other bystanders in standing up to harassment they are witnessing.
One of the most important resources offered are the free training sessions and workshops that are available to support employers, workers, and bystanders. As Nicole White, the Director of Enough Already, attests, “The demand we have for training on sexual harassment in Saskatchewan workplaces is very strong. In 2020 alone, we conducted 24 different information and training sessions for 1,184 people. We are continuing to work on more teaching and learning resources, and by the end of the summer, will be providing more online training modules and ‘trainthe trainer’ resources to support adoption of modules and training by Saskatchewan workplaces, workplace readiness organizations, and/or other post-secondary career training institutions.” The Enough Already initiative is an important example of how legal and non-legal organizations can come together, based on their unique mandates, to support positive change. An important aspect of this project is its ongoing commitment to evaluation. Using an Access to Justice Measurement Framework, this project pays attention to three important aspects of systemic improvement, namely improving population access to information and services, improving the quality of the ‘user’ experience (be it workers, bystanders, or employers), and providing these resources and supports with attention to how the cost of accessing this information or services can play a significant role in people not getting the help they need. This evaluation is also able to provide information and feedback into Enough Already’s training, information, and employment coaching supports.
COMMENTARY
There is an open invitation to visit the Enough Already website, refer clients to the free-sources, or request a training session or workshop for your own law firm, for employer-clients that could benefit from these on-line resources or training opportunities that are available. While there continues to be more work to be done on this important problem, Enough Already is a positive example of how justice,
business, and social organizations can work together to effect positive change.
Social Sciences Research Laboratories, “Workplace Sexual Harassment Prevention – Omnibus survey results (December 19, 2019)” (2019) at 1, online (pdf): Social Sciences Research Laboratories < https://ssrl.usask.ca/index.php>. 2 Chelsea R. Willness, Piers Steel & Kibeom Lee, “A Meta-Analysis of the Antecedents and Consequences of Workplace Sexual Harassment” (2007) 60 Personnel Psychology 151. 1
2021/2022 LEGAL DIRECTORY Orders open August 9th Order online cbasask.org
SUMMER 2021 7
FEATURE COMMENTARY
COVID-19 INSOLVENCIES: WHAT WILL THE NEXT YEAR BRING? JAMES STEELE
ROBERTSON STROMBERG LLP
After Covid lockdowns shut down many businesses, one might have expected insolvencies in Canada to rise sharply. However, the reality has been the opposite thus far. Consumer insolvencies last year were down 30% from 2019, while business insolvencies in 2020 were down 24% from 2019. The reasons for this appear to be government help, combined with creditor patience. By August 2020, more than 16% of Canadians were receiving some form of income replacement. For very low-income earners, CERB was beneficial. Such earners may have earned more than they were earning pre-COVID. Businesses were also able to take advantage of subsidies. What will happen when the subsidies are turned off? However, what will happen to hard-hit business when arrangements with creditors end, or subsidies are discontinued? The hardest-hit sectors have been retail, trade, arts and entertainment, and recreation. Many of these businesses have thus far managed to limp along by making informal arrangements with creditors.
businesses who have avoided formal insolvency proceedings may not survive long enough to take advantage of an eventually improving economy. Lenders may wish to form an early strategy for dealing with their debtors. Each lender will wish to review their own situation. A debtor with only one creditor involves different consideration than heavily encumbered borrowers, who may have numerous other creditors. Multiple creditors pursuing a very small pool of assets is a common reality in debt collection and can often produce a situation in which a judgment is little more than a piece of paper. Moreover, even aggressive lenders who pursue collection, and thereby force some payments from debtors, will wish to be aware of the rules prohibiting preferences if other creditors are involved. An early conversation with encumbered debtors, to discuss refinancing, a restriction on further lending, a different repayment structure, or still other issues, may be a conversation better had now, rather than later when the situation is more dire.
Debt cannot be deferred forever. Moreover, the economy is not predicted to be back in full swing until late 2021 or early 2022. In the meantime, insolvencies will start to rise. There appears to be two schools of thought predicting what will happen: 1. One school predicts that with the vaccine and most people inoculated by the fall, the economy will quickly get back to normal, and massive insolvencies may be avoided to some degree; or 2. The other prediction is that we will not in fact return to normal for quite some time. Meanwhile, there will be a significant surge in bankruptcy filings. While we all may hope for the first prediction to come true, lawyers who act for creditors may be well placed to prepare for a potential surge in collection work, or insolvency proceedings. More than a few struggling
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FEATURE COMMENTARY
LEGAL JOB SEARCHING WITHIN A PANDEMIC, WHERE YOUR KEYBOARD HAS NO GEOGRAPHICAL BORDERS SHARI THOMPSON
USASK CAREER DEVELOPMENT DIRECTOR SAM REZAZADEH INCOMING 2L CAREER REPRESENTATIVE
Due to a mandatory travel quarantine, March 15th, 2020 marked my return from holidays into a COVID world and into a lifestyle of immediately working from home. I made this mental transition in the back of a taxi on route to our home, knowing only that we needed groceries and a good night’s sleep. There was no transition, no training, just jet lag, sickness setting in and a one pager to call into the newly operational 811 Healthline. The contents from the top of my desk at the law college were placed in a box, and front door delivery was made. The IT department became my lifeline and ray of hope to begin working remotely. I lasted one whole day in the basement, and next took up space with a loaner laptop in the kitchen. Today, working from home, has a designated space, and set up that includes plants and a humidifier! It took over a year to like and function in the space I now work in! Final exams were still being written, and the second-year law (2L) recruit for articles had begun. Students who were still looking for summer jobs or had their jobs cancelled, asked “What else can I be doing to secure
legal employment for the summer?”
This repeated question was the biggest catalyst for me to realize that Career Development would need to pivot quickly, to keep students engaged in their job search. Job searching is tough on a regular day, add in a pandemic and the fears take over. Some students had secured legal summer positions early on, only to see them evaporate. I created a resource called that I could email students to support their search. It encompassed everything from “how to” move forward in your legal job search, taking time for yourself, reflection, reviewing all of your legal job search documents including your online presence, telling “your story” during the interview process, job searching (including micro projects), legal job search resources, upskilling, how to use LinkedIn including connecting with USask alumni, and lastly staying positive.
2018, and how these students were now going to be applying for their Articling positions in Saskatchewan and then Alberta! The post had 5,650 views and 103 reactions! 2L students began to apply for articling positions in Saskatchewan, the first province to recruit virtually. In September, I welcomed the 1L students and worked with them online by facilitating professional development sessions and career development appointments, to get them prepared for 1L Saskatchewan summer applications. Here is Sam’s story:
I needed to find a virtual way for students and employers to connect, and my answer came by diving into LinkedIn. I started to expand my network and follow what I will call ‘legal gurus’. Then I started connecting to USask Law Alumni, and legal recruiters across Canada. If I could understand the industry more, then I could continue to make meaningful connections to facilitate connections between law students and the firms/ organizations that will hire them. My “aha” moment came when I realized just how powerful LinkedIn really is, and this could work for students! I wrote a post about first meeting the 2L students at the Welcoming Ceremony in Sept.
CONTINUED ON PAGE 10
SUMMER 2021 9
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FEATURE COMMENTARY
CHANGES TO THE DIVORCE ACT TAKE INTO ACCOUNT THE EFFECTS OF FAMILY VIOLENCE CHRISTINE LIBNER SCHARFSTEIN GIBBINGS WALEN FISHER LLP
One of the many side effects of the COVID-19 pandemic has been an increase in intimate partner violence in Canada and worldwide. Though most studies are still in early stages, emerging data and reports show that all types of violence against women and girls, and particularly domestic violence, have intensified. The escalated violence experienced by women during COVID-19 is referred to by the United Nations and other organizations concerned for women’s welfare as “the Shadow Pandemic.” In Saskatchewan, RCMP reported a 12% increase in reports of intimate partner violence when comparing the same 9-month period in 2019 and 2020.1 Northern Saskatchewan has been particularly affected postCOVID, with a reported increase of 23%. Even before the onset of the pandemic, Saskatchewan had the highest rate of police-reported intimate partner violence of all Canadian provinces.2 Within this context, recent amendments to the which focus on the role of domestic violence in family law proceedings are timely and welcome. The effects of domestic violence are, and always have been, important considerations for family law practitioners and judges to take into account in performing their duties. The updated legislation provides tools to help ensure that family violence is accounted for in parenting and contact arrangements.
The amendments to the came into effect on March 1, 2021. The following is a brief summary of the changes, as they relate to family violence: i. “Family violence” is a defined term at s. 2(1). It encapsulates conduct that: • Is violent • Is threatening • Forms a pattern of coercive and controlling behaviour, or • Causes a family member to fear for their safety or the safety of another individual. The research-based definition also includes a non-exhaustive list of types of behaviour that could be considered family violence. ii. Before making parenting, contact, or support orders, the Court has a duty under s. 7.8(2) to take into account any current or pending civil protection, child protection, or criminal proceedings or orders related to the family. This may be relevant in cases where family violence is present and multiple parts of the justice system are involved at the same time. iii. Family violence is now listed at s. 16(3) as a factor for the Court to consider when deciding what parenting arrangement is in the best interests of the child. To aid the Court in assessing the seriousness of the violence and how it could affect parenting, further factors relating to family violence are listed at s. 16(4). For more details about these amendments, there are useful resources on the Department of Justice website explaining each of the changes and providing background. It is more important than ever for family law practitioners and courts
to be vigilant when it comes to identifying and addressing the effects of family violence. Practitioners may want to consider incorporating a practice of screening for family violence at the time of client intake so that decisions can be made to reflect the best interests of the child and promote the safety of survivors. Being aware of and sensitive to these issues at the beginning of the solicitor-client relationship will allow the practitioner to give informed advice about the client’s legal rights and the appropriate legal process. Bell, R. (October 30, 2020) Saskatchewan shelters slash space as domestic violence rises during pandemic. Global News. https:// globalnews.ca.
1
Burczycka, M. (2019). Section 2: Policereported intimate partner violence. In Family Violence in Canada: A Statistical Profile, 2018.
2
CONTINUED FROM PAGE 9 aspirations. Using various online platforms meant organizing my life with the click of a mouse. Everything from job searching, connecting, and writing “thank you” and follow up emails could be easily tracked and perfectly executed. Not bound by the restraints of space and time with this move to a digital world, I could network with firms and lawyers from across Canada and seek positions of interest, and still enjoy the sunshine in Saskatoon and be close to friends. This was also a cost-effective way to save money as I did not need to travel to other provinces for networking events that were now online. I miss the pre-pandemic world, but the digital way of doing things is something that I hope stays with us when we move out of the pandemic. I am now more connected to the legal community in Canada thanks to the Internet!
SUMMER 2021 11
FEATURE COMMENTARY
WHEN THE PANDEMIC IS OVER - THOUGHTS ON RURAL LEGAL PRACTICE AFTER THE COVID-19 PANDEMIC FOLUKE LAOSEBIKAN, QC FLK LAW FIRM
Prior to March 2020, one could not have predicted some of the unusual business practices which have become standard in the past year ... client meetings without handshakes, large conferences without physical attendance, court appearances with neither counsel nor client in court, conferences with no physical venues, a CBA Mid-Winter Meeting without bustling, mingling crowds of professionals standing outside Sponsors’ Booths. When all restrictions relating to the pandemic are finally lifted, will we still be hesitant to receive a handshake and cautious about attending large conferences? Will virtual hearings become the rule, rather than the exception? Pandemic-Prompted Changes to Rural Practice
In rural Saskatchewan, where communities are typically closeknit and most law offices are either sole practices or small to medium size firms, “the personal touch” is an integral aspect of life and practice. The initial solicitor-client handshake, few minutes of light conversation preceding discussion of business, occasional drop in to ask the lawyer a quick question. These are all aspects of "the personal touch", a key determinant of client satisfaction in rural practice. Legal practice has changed since March 2020. Client consultations are
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virtual by default, office visits must be pre-scheduled and conducted without close or prolonged contact, and virtual meetings and conferences are standard. Most law practices have incorporated some new form of virtual operation, be it in relation to court appearances or the execution and/or witnessing of documents remotely and some offices have seized the opportunity of virtual practice to consider available technology for the automation of their operations. The pandemic has necessitated the use of resources and systems related to virtual practice which were previously optional and, in rural practice, many aspects of "the personal touch" have been impracticable in the last year. In place of these, the discovery has emerged of various virtual law office models and an abundance of resources for the automation of different aspects of law office operations, including conflict checking, initial interview scheduling, client intake, process management and file closing. Navigating Pandemic-Prompted Changes
Change can be inconvenient or even daunting; however, once made, adaptation occurs as the new order becomes routine, sometimes eventually becoming the new normal. For instance, in rural practice, in place of the former ability to dropin, it is now understood that office doors may be locked unless a prior appointment is scheduled. Similarly, it has become the norm not to offer a hand in greeting, to stand or sit well away from clients in conversation and not to prolong conversation or interaction time.
Adaptation, however, has its challenges. For instance, it is challenging to conduct smooth client interviews with face masks and at arms length with parties who may be hard of hearing. Similarly, with respect to client identification, it is challenging to properly compare the image on an identity document against the partially covered face of a physically present client. Furthermore, contactless lunch meetings and conferences, though successfully executed, have been notably lacking in the human connection element and, for many, these times have heightened the sense of value for family, friend and work relationships. What Will Change PostPandemic?
From the above observations, my speculation is that when restrictions are lifted the ability to dispense with wearing masks, to travel and attend social gatherings and to have physical networking sessions will all be welcome. As such, any change which represents a return to the pre-pandemic state with respect to these kinds of activities will likely be welcome and swift. Conversely, some changes occasioned by the pandemic have been beneficial for clients and solicitors alike. For instance, clients have provided positive feedback regarding the effortlessness of telephone consultations over physical attendance, as well as the efficiency of executing documents remotely when they were feeling unwell, or at a time when it was difficult or inexpedient to physically leave their base. Accordingly, I expect that pandemic-prompted changes which
FEATURE COMMENTARY
have resulted in efficiency will be sustained. For rural practice, I do not anticipate a significant departure with respect to expectations regarding "the personal touch". Post-pandemic, I envision rural practice will be a hybrid of "the former" and "the more recent" and that there will be a cautious return to in-person office attendance and court attendance, with the option for virtual practice if preferred or more expedient in the given circumstances. Within the last year, rural legal practice (as in other geographical locations) has lost some of the former solicitorclient rapport, and operations have gained a higher level of technicality and formality. Simultaneously, the importance of relationships has gained value in our thinking. Postpandemic, in rural legal practice, I see clients and solicitors alike electing options which demonstrate heightened appreciation for both efficiency and healthy relationships. Further, I would hope that, for sole practitioners and small to medium size law firms, structures, processes and technology which enhance efficiency will be retained and that there will be a willingness to maintain and update these as advancements in technology are made.
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SUMMER 2021 13
FROM THE BENCH
THE PROVINCIAL COURT OF SASKATCHEWAN; REFLECTIONS FROM A PANDEMIC YEAR JUDGE ROSS GREEN PROVINCIAL COURT OF SASKATCHEWAN
I have been asked to reflect on the past year in the Provincial Court. That is no small challenge, as a lot has happened since the World Health Organization declared a global pandemic on March 11, 2020. The effects of the COVID-19 outbreak on people across Saskatchewan and Canada have been wide-ranging and profound; from devastating health consequences to effects on virtually every aspect of what we thought was our normal day to day existence. I am getting tired of hearing the words “the new normal” but they accurately describe what has happened in our society over the past year. In my limited space, I will focus on what in my view has happened in our court since the pandemic was declared. In many ways, the shutdown was a shock to our court operations. Having lived through the SARS epidemic in 2004 and the H1N1 pandemic in 2009, I was well-aware of the dangers of airborne viral transmission. But the breadth and speed of this pandemic came home to me only a few days after the WHO declaration. Our court office manager received a simple message from the administrator of the Town of Broadview. “The town hall (where we hold court) is closed; don’t come here on Wednesday.” Then, on March 17, came the announcement from our Chief Judge’s office that, in effect, our circuit courts were closing and our operations in each permanent
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location were being dramatically scaled back.
Given my years of working in the justice system, ingrained in my nowtired psyche is one key principle; that courts are open to the public. The pandemic brought many changes to the way our courts operated and could be accessed. Key amongst these was that only people directly involved in a proceeding could attend, and that most parties were encouraged to appear by telephone. The thought of conducting court without the public and the parties present, not to mention doing it with plexiglass barriers and with chairs moved far apart, when viewed even a couple of years ago, would have sounded like lunacy. But it became a public health reality and necessity. Because of these changes, we had little option but to use technology to keep our court operating, albeit at a reduced level. It became common place to have three different lawyers or parties on the telephone together. Most people in custody appeared by telephone or video. As a judge, it was almost surreal to be conducting the busy Yorkton docket, and to have a tall stack of informations in front of me, with phone-in requests attached to most, and yet to look out into the court room and see at most five or six masked people in front of me. In addition to the use of technology, the pandemic raised a number of novel legal issues. These most often involved bail and sentencing. Such questions included whether the pandemic justified an expansion of the secondary and tertiary grounds for release within s. 515(10) of the and whether the risk
of contracting COVID-19 justified a reduced custody sentence or a greater credit for remand. For an excellent discussion of these and other issues see
by Judge Wayne Gorman of the Provincial Court of Newfoundland and Labrador. http:// aja.ncsc.dni.us/publications/courtrv/ cr57-1/CR57-1Gorman.pdf At the end of the day, what have we learned about conducting court over this pandemic? Of course, there is no one answer to this. I suggest one lesson learned is the importance of listening to and accepting the advice of our health professionals in the midst of a dynamic and rapidly changing situation. Another lesson is being open to new approaches in court operation that may well provide a nuanced means of access, but nevertheless protect the principles of judicial independence and the right to make full answer and defence. This pandemic has affected us all in one way or another, but it has disproportionally affected some in our communities, and we must always be mindful of that. As a longterm member of the CBA, both as a lawyer and now as a judge, I thank this organization for being an everpresent voice for the disadvantaged and those without the ability to make their voices heard. For an interesting snapshot into how the pandemic has affected courts across Canada, see the latest edition the (Vol. 43 No. 2): entitled The link for this edition is at https://judges-juges. ca.
PRO BONO
A CHECK-IN WITH PRO BONO LAW SASKATCHEWAN DAVIDA BENTHAM
PRO BONO LAW SASKATCHEWAN
If the pandemic has not fully turned your life upside down, it has at least significantly impacted it. COVID related restrictions and public orders are keeping us at home, limiting and changing how we go about our lives. For PBLS, the impact is felt most greatly by our volunteers and staff who provide services through our Free Legal Advice Clinics, which take place in 10 communities across Saskatchewan. Normally, these Clinics are almost exclusively in person at non-profit organizations that act as our host agency. Unfortunately, because of the pandemic, all the Clinics have moved to phone appointments. Thanks to our adaptive and committed volunteers, this transition went rather smoothly. None-the-less it has added administrative work and pressure for the staff at PBLS, particularly our two Intake Worker/ Administrative Assistants. Like PBLS, many organizations and institutions have had to change the way they provided services to clients and interact with the public. The impact of these changes is heavily felt by low-income and marginalized people who, on top of already navigating a complex legal system and array of services, now must access these institutions and services only by phone or drop boxes outside the court houses, and so on.
With the increasing complexity faced by our clients in mind, we are turning our attention to best equipping our volunteers; because we know the better equipped our volunteers are, the better they can assist their pro bono clients.
In private practice, we often meet with a client, gain the relevant facts, and go back to our own desks where we can research, trouble shoot and figure out how best to proceed. At the Clinics, the volunteer is the teacher and coach. They provide the client with substantive and procedural aspects of the law, as well as advice based on ones own professional interaction with legal systems. Arguably, being a clinic volunteer requires additional skills then we may gain in private practice alone. In the coming months PBLS will be introducing Volunteer Training sessions for new and existing volunteers so they may better understand PBLS internal processes, as well as familiarize lawyers with the array of resources available to self-represented individuals. We are also updating our Volunteer Guide and transiting to a centralized data management platform to better manage and track interaction with volunteers. The hope is that, by focusing on improving the training of our volunteers, they can better assist clients in navigating the complex legal system. If you would like to sign-up as a PBLS volunteer, or learn more, please visit pblsask.ca.
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POSTCARD FROM THE EDGE
IRAQ AS A VACATION DESTINATION? BRYAN SALTE COLLEGE OF PHYSICIANS & SURGEONS
“Why would you choose Iraq as a vacation destination?” is a question I frequently heard leading up to October 2019, when I left for Iraq. A partial answer is: Mesopotamia, the birthplace of urban civilization as we understand it, the place where writing was developed, Babylon, Nineveh, the Code of Hammurabi, trying to understand the difference between the branches of Shia and Sunni Islam, Iraq as a historical center of learning including possibly the oldest university in the world, ziggurats and a country more accessible after the defeat of ISIS. I became aware at an early stage of the security concerns in Iraq. Our visas had been approved in advance. The members of our group met in the secure arrivals area of the Baghdad airport. None of us could leave the secure arrivals area of the airport until we had all been approved to leave. No private vehicles were allowed to come to the airport, so a bus took us to a parking area where our transportation and our armed escort met us. Armoured vehicles and soldiers were on many street corners and surveillance cameras were frequently visible. We could not enter the hotel area until a sniffer dog checked out the vehicles for bombs and security guards looked under the vehicles with mirrors.
Our arrival coincided with the escalation of the protests. Our local guide spent the night at the hotel rather than returning to his home. as it was not safe to do so. There was a lot of shooting and a number of deaths. Were the killings the responsibility of the militias, the security forces? No one seemed sure. We were only permitted to go to places that the Ministry of Tourism considered relatively safe. Fortunately, that included Mosul which had been occupied by ISIS until very recently. Mosul is built on the site of the ancient city of Nineveh. The original site of Nineveh was enormous and surrounded by huge walls. The population of Nineveh was about 120,000. The palace at Nineveh was something of a disappointment as there was so little left after ISIS looted everything that could be extracted from the site and then blew up what remained, recording the destruction in an AlHayat film. Apparently, there were
tunnels underneath the palace that had never been excavated but were now looted of everything. We visited an archeological dig where the archeologists from Italy had located a previously unknown gate to the city of Nineveh. Most of what was excavated was of mud brick, and consequently fragile, but there was a stone monument on which Sennacherib (745 to 681 B.C.), a king of the neo-Assyrian empire, proclaimed his greatness. Seeing such a monument in its original location was very powerful. Another highlight of this time was the site of Nimrud – also badly damaged by ISIS. One of our guides became quite emotional describing the beauty of the Ishtar gate that had been pristine before being destroyed by explosives. There was enough left of the statutes and carvings from the Assyrian period that we could imagine what it must have looked like before the destruction.
Ziggurat at UR. 16 BARNOTES
POSTCARD FROM THE EDGE
Our last stop before leaving Mosul was the Nuri Mosque. This was where the ISIS leader al-Baghdadi declared the caliphate and where he announced the departure from Mosul as ISIS was being defeated. ISIS then blew up the mosque, which is now being repaired. It isn’t possible to visit Mosul without mixed emotions. So many died while it was occupied by ISIS and so many things of incredible significance were destroyed. The fighting reduced large areas of the city to rubble. The economy is struggling. Yet there was a spirit of optimism in the city. People would smile at us on the street and those with limited English would engage with us. Children followed us and acted like children. The vendor of a tea stall did not want to charge us for the tea we drank because we were guests in his country. We had to insist before we were allowed to pay. We returned to Baghdad where we were advised that the trip to the South was in jeopardy. The Interior Ministry was concerned whether our safety could be assured and was considering requiring us to leave the country. There were a number of people shot in Freedom Square the night before. If protesters were blocking a bridge or a street there was a solution – shoot a few and the rest would leave.
November 2 was spent at the historic sites of Kish, Babylon and Borsippa. These sites gave some idea of the splendour of the Mesopotamian empires. The Ishtar Gate to Babylon has been reconstructed as the original was dismantled brick-by-brick and is now in the Pergamon museum in Berlin. Babylon was partially reconstructed by Saddam Hussain, but much of what is there is original to the time. The processional way is still paved with the original pitch, which had to be transported a large distance from the North. Many of the original bricks are still in place, some of them imprinted with cuneiform writing, proclaiming the achievements of King Nebuchadrezzar. Bricks were
Army escort.
formed with portions of the images of mythical creatures, so that when the walls were assembled the images of these creatures were several feet in size. The day ended with a visit to the holy city of Karbala and the shrines to Imam Husayn (or Hosain) and AlAbbas. Cameras were not allowed Cameras were not allowed in the shrines, but the shrines were incredibly impressive. Mirrors and chandeliers were everywhere; everything was bright and carpets covered the floors. Pilgrims from all over the world were there to worship, each with their own form of ceremony. There were some English speakers anxious to describe
Shrine of Al-Abbas with pilgrims.. SUMMER 2021 17
POSTCARD FROM THE EDGE the importance of the shrines to us and I left with a much better understanding than when I arrived. Much of the history of Iraq overlaps with biblical stories. During our time in Iraq we visited what is said to be the tombs of Abraham, Ezekiel and Joshua, each of whom is a prophet
in the Islamic, Jewish and Christian religions. November 4 we woke to the news that a large number of people tried to storm the Iranian Embassy in Karbala last night, and many were shot. We moved on to Nippur, and the remains of the ziggurat and mud brick walls.
The city began to fall into decay after the death of Ashurbanipal in 631 BCE. The holes in the walls of the processional way which once were used to hang sheets of marble were still there. There was enough of the city remaining that we could imagine how awe-inspiring it must have been.
Mosul street scene.
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CALENDAR OF EVENTS
VISIT WWW.CBASASK.ORG
Aug 9
Legal Directory Orders Open Online
Aug 31
Annual Membership Expires – Renew Online
Sep 1
New CBASK Board of Directors Installed
Sep 1
Section Meetings Begin - FREE to CBASK members
Sep 7
Legal Directory Order Deadline (to Guarantee Delivery)
Oct 4
Q.C. Nomination Deadline
Nov 15
Distinguished Service Award Nomination Deadline
Dec 15
Treasurer Nomination Deadline (ladder position to President)
Jan 25-27
2022 Mid-Winter Meeting - Virtural
Feb TBD
Council Meeting
CBA Saskatchewan Branch Section year begins September 1, 2021. This fall all Section Meetings will be FREE to CBASK members and delivered via Zoom. Register Free for Sections at cbasask.org to ensure you get section notices of upcoming meetings and then register for Free to get the link. Also visit cbapd.org and learn about great webinars from across Canada relevant to your areas of practice which you can access as part of your CBA membership.
MOVED OFFICES OR CHANGED JOBS?
LET US KNOW! We do our best to keep our Legal Directory up to date. If you’ve moved offices or changed jobs, let us know! Send to: info@ cbasask.org. Deadline: July 31, 2021
ADVERTISER INDEX
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