THE CANADIAN BAR ASSOCIATION • SASKATCHEWAN BRANCH
SUMMER 2018 VOL. 32.3
THE POWER Of EXPERTISE
MORE On SECTION REGISTRATION | SEE PAGE 7
The Canadian Bar Association Saskatchewan Branch
IN THIS ISSUE
305, 135-21st Street East Saskatoon SK S7K 0B4 www.cbasask.org
BARNOTES Editorial Board HANNAH ZIP Editor Knott den Hollander KATE CRISP Scharfstein Gibbings Walen & Fisher LLP TRISTAN CULHAM MLT Aikins LLP
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President's Message
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Meet Your New Directors
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Sections
JARED EPP Robertson Stromberg LLP
BRANCH AWARDS
LEAH HOWIE Law Reform Commission of Saskatchewan
Community Service Award
AMJAD MURABIT WMCZ Lawyers MICHAEL SCHERMAN Blake, Cassels & Graydon LLP
David Stack, QC was awarded the 2018 Community Service Award.
JAMES STREETON Wardell Gillis MONTEEN DENT Executive Director CBA Saskatchewan
COMMENTARY 12
Picnic in the Park
LAYOUT & DESIGN Katrina Forgrave Graphic Designer
FROM THE BENCH 34
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BarNotes is a publication of CBA Saskatchewan which is published 3 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 1,100 members and is dedicated to improving access to justice, reviewing legislation and advancing the administration of justice.
PRO BONO SPOTLIGHT
ITEMS OF INTEREST
Probono Hits the Road
Meet Your Directors
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2018-2019 Sections
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POSTCARD FROM A LAWYER 24
COVER DESIGN CBA National
How Come Judges in Small Claims Court Don't Demand Strict Compliance With Practice and Procedural Rules by Self-Represented Litigants?
Paris and London With Small Children 2 BARNOTES
Nomination Deadlines
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Mid-Winter Meeting Dates 27 Advertiser Index
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Calendar of Events
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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
YOU ARE NOT ALONE HANNAH ZIP || KNOTT DEN HOLLANDER
“You are not alone.” This is the sentence that appears at the top of the #MeToo movement website. Over the past few years the #MeToo movement has unified the collective voices of women across all occupations, income levels, religions, sexual orientations, and geographic locations by providing a platform for the sharing of personal experiences of sexual assault and sexual harassment. Sexual harassment is now being reframed as a cultural and social problem, rather than a personal problem for which the victim is blamed and shamed into silence. Over 17,700 individuals from all over the world have spoken up about their experiences on #MeToo. This movement against sexual abuse is creating results. On May 17, 2018 I was driving to work when I heard a blurb on a local radio station regarding the offensive comments made by the former University of Saskatchewan men’s volleyball head coach, Brian Gavlas. Gavlas had knowingly recruited and accepted a student facing sexual assault charges onto the men’s volleyball team because he believed that an athlete shouldn’t have to pay for one mistake for the rest of his life. Gavlas was then fired. The news in the recent past has been full of the firings of CEO’s, news anchors, actors and other prominent men once allegations of sexual harassment have been made against them. While I find the sheer volume of these stories to be depressing, it is also encouraging as people in power are paying attention and responding to the victims. Women are finally being believed.
LETTERS TO THE EDITOR homophobic “jokes”, micro-aggressions, hrz.kddlaw@sasktel.net gaslighting, physical violence and assault. These behaviors can and do happen within the legal profession. It is my hope that we as legal practitioners will be instrumental in this mass mobilization against all forms of demeaning, sexist behaviors and attitudes in our personal lives, in our law firms and in the practice of law itself.
2019 MID-WINTER MEETING JANUARY 31-FEBRUARY 1, 2019 | DELTA BESSBOROUGH SASKATOON, SASKATCHEWAN
ENHANCING JUSTICE.
A new culture of intolerance is becoming the norm. Women are no longer willing to put up and shut up. Harassing behaviors include sexist, racist and
SUMMER 2018 3
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BRANCH NEWS
PRESIDENT’S REPORT EVATT MERCHANT, QC || MERCHANT LAW GROUP LLP
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he CBA is a thriving organization in Saskatchewan due to its outstanding volunteers. Since September 2017, CBA Saskatchewan has engaged in numerous activities, including: • The 2018 CBA Mid-Winter Meeting (held in Regina at the end of January) which featured many exceptional speakers including SCC Justice Russell Brown, and awards being presented to Gerald Tegart, QC, and Brenda Hesje for their outstanding service to the CBA and our profession. • Initiatives with the Saskatchewan College of Law, including the CBA Student Reception at the College, the Meet Your Match Mentorship program, the Mock Interview program, and the Saskatchewan Law Firm Showcase for prospective articling students. • Law Day events (held every April to celebrate the signing of Canada’s Charter of Rights and Freedoms) which included the Mock Trial Competition held in Saskatoon, with high school students participating from across Saskatchewan. • The Branch continued to fulfill an essential role regarding public advocacy, particularly with respect to law reform. Over the past year, the Branch has made submissions on several proposed legislative initiatives, such as encouraging the Ministry of Justice to cautiously consider the proposal to permit some legal services in Saskatchewan to be performed by non-lawyers (as is already permitted in British Columbia and Ontario). For 2018/19, the Branch will continue to provide our members with valuable services, including continuing legal education through our Sections and the 2019 taking place in Saskatoon on January 31st and February 1st. The Branch’s financial position remains healthy, due to prudent budgeting decisions by the current and previous Branch Executives. Our Branch is a nonprofit entity and although we realized a small surplus
for 2017/18, the Branch’s overarching goal is to use membership dues to provide better services for our local members and pursue public advocacy in Saskatchewan.
Please contact me with ideas, questions or concerns about CBA activities! emerchant@merchantlaw.com (306) 227-2222
THE RE-THINK INITIATIVE
The CBA’s agenda for the coming year will include implementing changes pursuant to the Re-Think Initiative. The CBA has completed a national survey of members regarding CBA products, programs, and services, and will be initiating changes over the coming year as a result of that study. In order to streamline costs across our national organization, the CBA is establishing a shared services department to reduce administrative redundancy and promote best practices. The reforms being introduced include a reduction in the CBA’s regular membership fee from $590 levied in 2017/18, to $530 for 2018/19. Members will continue to see positive changes in the upcoming year. CBA VOLUNTEERS AND STAFF
Our Saskatchewan Branch remains in good health, due to members of the Bar and Bench generously sharing their time and talents. I am very grateful to our staff at the CBA Saskatchewan Office and the Branch Council/Board members for their hard work throughout this past year. I am pleased to entrust the Branch’s ceremonial gavel to Nicolas Cann, as he takes over as Branch President for 2018/19. It has been my privilege to serve as Branch President for the past year and interact with so many dedicated CBA Saskatchewan members. I look forward to continuing to serve the CBA in other volunteer capacities.
SUMMER 2018 5
BRANCH NEWS
MEET YOUR NEW DIRECTORS 2018/2019
PRESIDENT NICHOLAS CANN
McKercher LLP 306-565-6526 n.cann@mckercher.ca
PAST PRESIDENT EVATT MERCHANT
Merchant Law Group LLP 306-227-2222 emerchant@merchantlaw.com
PUBLIC OUTREACH KATHRYN GILLISS
Trobert Law 306-634-2616 kek.trobertlaw@sasktel.net 6 BARNOTES
VICE PRESIDENT LORELEY BERRA
Ministry of Justice 306-787-8207 loreley.berra@gov.sk.ca
EDUCATION DIRECTOR RECHÉ MCKEAGUE
City of Saskatoon 306-975-3270 reche.mckeague@saskatoon.ca
EXECUTIVE DIRECTOR MONTEEN DENT CBA Saskatchewan 306-244-3781 or 1-800-424-8288
monteen@cbasask.org
TREASURER CHRISTOPHER WEITZEL Saskatchewan Government Insurance 306-775-6432 cweitzel@sgi.sk.ca
LEGISLATION & LAW REFORM DIRECTOR CHARMAINE PANKO
Panko Collaborative Law & Mediation 306-975-7152 cpanko@commonsenselawyer.com
The new CBA Saskatchewan Board of Directors begins its work September 1, 2018. You are invited to contact any member of the Board with suggestions, questions or concerns. They are here to serve you.
REGISTER FOR SECTIONS THE POWER Of EXPERTISE
Groups gathered by expertise, affinities or interests, which aim to develop positions that will inspire lawmakers.
SKILL DEVELOPMENT
HOW TO JOIN/ATTEND A SECTION
• Enhance your skills, gain a competitive advantage and give back to your profession.
1. Section Membership is FREE. Visit cbasask.org/ sections to view the 2018-19 Section Handbook and to Register.
• Ensure you are learning the most current and valuable skills to enhance your practice. • Hone your leadership, teamwork and communication skills. • Join over 1100 of your colleagues who participate in Saskatchewan Sections. • New Sections for 2019: Environmental & Resource Law North, Privacy & Access Law North.
NETWORK • Network with legal professionals locally and from across Canada including bar leaders, judges, government officials and in-house counsel. These contacts can be critical to your long-term professional growth and help make you invaluable to your firm. • With your section membership, you automatically join the corresponding National section and can access the tools and resources of 41 substantive areas of law.
IMPACT • Contribute to the advocacy work on important legal matters both locally and nationally. • Act on issues of common interest through Sections. You must be a CBA member to join and participate in sections.
2. Section Membership ensures you receive email notification of upcoming meetings. 3. When you confirm attendance to a specific meeting, you will be charged a meal administrative fee of $31.50 (some exceptions). 4. You only pay for the section luncheons you register to attend.
UPGRADE YOUR MEMBERSHIP AND SAVE WITH PORTFOLIO and PORTFOLIO PLUS: • Portfolio and Portfolio Plus Options are upgrades that help you maximize the value of your CBA Membership. • $200 Portfolio Option – provides $250 CBA Education Credits, 3% Rebate Reward. • $400 Portfolio Plus – provides $500 CBA Education Credits, 5% Rebate Reward. • Education credits can be applied towards your section attendance fee ($31.50) and our annual Mid-Winter Meeting. They can also apply towards national online professional development, print and video material. • Purchase Portfolio and Portfolio Plus anytime throughout the membership year: online, 1.800.267.8860 or info@cbasask.org. • Education credits no longer expire. Learn More at cba.org/membership.
cbasask.org | info@cbasask.org | 1-800-424-8288 | 306-244-3898 SUMMER 2018 7
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BRANCH AWARDS
CELEBRATING OUR VERY BEST 2018 COMMUNITY SERVICE AWARD RECEPIENT – DAVID STACK, QC || INTRODUCTION – JOEL HESJE, QC
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he following is based on introductory comments given by Joel Hesje, QC of McKercher LLP of his friend and colleague David Stack, QC as the recipient of the 2018 Community Service Award. David is a Saskatoon boy. He went to Holy Cross High School and graduated from the University of Saskatchewan with a Bachelor of Arts (Great Distinction) and Bachelor of Laws (Great Distinction) in 1999. He articled at McKercher LLP and was called to the Bar in 2000. He became a Partner at McKercher LLP in 2006 and took a brief leave of absence in 2001-2002 at which time he was a Law Professor at the University of Saskatchewan. David is a distinguished and well respected lawyer and is much sought after by his many clients. In 2014 he received the designation Queen’s Counsel. David and his wife, Deedee have three children – Jennifer, Andrea and Rebecca and it is obvious the importance of family to him. He strives to achieve a balance between a very demanding career and a focus on family life.
David’s community involvement is substantial. He is a member of the Diocesan Finance Council of the Roman Catholic Diocese of Saskatoon, he is one of the founding members of the Board of Directors of the St. Thomas More Lawyers’ Guild of Saskatoon and a former Vice-President. He is a National VicePresident and member of the National Board of Directors for the Kidney Foundation of Canada and is the Pro Bono coordinator for McKercher. He has volunteered for Pro Bono Saskatchewan and for Pro Bono Students Canada. David has also served on the Professional and Community Advisory Board for CLASSIC. It is my pleasure to introduce a very worthy recipient of the CBA Community Service Award.
David served on the Board of Directors of the Corporation of Catholic Entities Party to the Indian Residential Schools Settlement (CCEPIRSS) which required a significant time commitment away from his work and family. A quote from the Most Reverand Gerard Pettipas, Archbishop of Grouard-McLennan and former Chair of the Board of CCEPIRSS highlights David’s contributions:
SUMMER 2018 9
COMMENTARY
PICNIC IN THE PARK BETH BILSON, QC || OFFICE OF THE UNIVERSITY SECRETARY
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n the academic year 2017-18, over 2,100 selfdeclared Indigenous students were enrolled at the University of Saskatchewan, and 400 of them received degrees or diplomas at Convocation in June. The increase in the levels of educational attainment at this university and other post-secondary institutions has resulted in increased numbers of Indigenous teachers, nurses, lawyers, doctors and other professionals. There are many examples of successful economic enterprises initiated by First Nations governments, of partnerships in the energy and resource sector, and of small businesses owned by Indigenous entrepreneurs. All of these are changes it might have been difficult to foresee twenty years ago. Yet it is still the case that funding for on-reserve schools is lower than that for off-reserve schools, and the Supreme Court has ruled that the underfunding of child welfare services in Indigenous communities is discriminatory. Average life expectancy for Aboriginal men is 15 years less than for non-Aboriginal men. Close to 30% of First Nations people live in homes classified as requiring major repair, and this proportion has risen since the 1990s. Over one-quarter of inmates in federal prisons are Aboriginal, although Aboriginal people represent only 4% of the Canadian population. For decades, Indigenous people in Canada have deployed a variety of legal strategies to advance their claims. The conclusion of significant land claims negotiations, the recognition of a constitutional duty to consult, and the jurisprudence surrounding Aboriginal rights with respect to hunting, fishing and other uses of land all represent landmark
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developments that have reinforced their legal and constitutional rights. Members of the legal profession, including many Indigenous lawyers, have played an important role in the evolution of this body of law, and continue to make a contribution to the emergence of new legal doctrine and the elaboration of existing principles. It is not surprising, at least to me, that Indigenous people have also chosen on occasion to pursue more direct political action in an effort to bring attention to the critical issues facing their communities. The protest camp on the grounds of the Saskatchewan legislative building has been established for this purpose, and its inhabitants have focused in particular on issues of child protection and the interaction of Indigenous people with the criminal justice system. The Provincial Capital Commission, which has regulatory authority over the land on which the camp sits, has from the beginning taken the view that the presence of the camp violates statutory provisions, and represents a flouting of the rule of law. In the lead-up to July 1, they expressed particular concern that the continued occupation of the site would disrupt public enjoyment of the park on Canada Day. The Regina Police Service took a slightly different view. Having complied with the PCC request to remove the camp at one point, they declined to do so when it was re-established. Police Chief Evan Bray said that he did not see the camp as a threat to public order or public safety, and seemed unperturbed by the possibility that the Canada Day pancake breakfast would have to be relocated to another area of the
COMMENTARY park. Interestingly, he expressed skepticism that clearing away the protest camp without trying to come to grips with the substantive issues being raised by the protestors would accomplish anything in the long run. The legal profession rightly values the rule of law, the notion that the welfare and safety of citizens is best protected by a system of fair and equal legal treatment. In this case, the PCC has appealed to the rule of law as a foundation for its request that violations of bylaws and statutory provisions be sanctioned by the removal of the camp. Chief Bray, on the other hand, has implicitly raised the question of whether the notion of the rule of law should be interpreted as protecting the right of a decorous and respectful group of protestors to
draw public attention to serious issues that have not, in their view, been adequately addressed by courts or legislatures. Is “the law” at issue here the detailed provisions of municipal bylaws and provincial statutes, or the broader understanding of the right of Canadians who have been the subject of discrimination and marginalization to press for change? There is obviously social benefit in public celebrations and in public use of civic spaces, and no one can fault the PCC for viewing this part of their mandate as important. But, as Chief Bray suggests, there is a time when the presence of citizens raising serious issues that have been chronically unaddressed should be accommodated, even when there is a risk it may dampen our festive mood.
THE FIRST 100 YEARS The Court of Appeal for Saskatchewan: The First Hundred Years by David Mittelstadt, author of People, Principles, Progress: The Alberta Court of Appeal’s First Century.
Please join us for a reception and book launch in Saskatoon at the Saskatoon Club on Thursday, Oct. 25 from 4:00—7:00 p.m.
A history of Saskatchewan’s highest court on its centennial that provides a compelling narrative of the personalities on the court and the touchstone legal decisions that influenced both the province and the nation. Available Fall 2018 at bookstores everywhere.
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SUMMER 2017 11
FEATURE COMMENTARY
CONTINUING THE CONVERSATION ON SEX AND GENDER BASED DISCRIMINATION MEGHAN E. SEIDLE || SASKATCHEWAN HUMAN RIGHTS COMMISSION
I. What is the Issue? Beth Bilson, QC expresses in the Spring 2018 issue her regret that we still have to talk about of the issue of sexual harassment in the legal profession. “But if we still have to talk about this,” she writes, “well then, “MeToo”.” Professor Bilson reminds us that the issue of sexual misconduct is not new. The groundwork was laid for #MeToo by the persistence of many over decades to continually push these issues to the fore. Despite important milestones throughout history, women, girls, and gender-non-conforming people continue to face hardships and discrimination. Does anything differentiate present movements from conversations we have had in the past? History, statistics, and personal accounts all suggest that the conversation around sexual harassment and gender inequality is far from over. II. What do the numbers indicate? The percentage of total complaints received by the Saskatchewan Human Rights Commission on the basis of sex has risen steadily from 6.5% to 17% over the Commission’s last four reported fiscal years.1 Almost all complaints on the basis of sex are filed in the area of employment. It is difficult to say what the numbers indicate. Human rights bodies are just one forum to raise sex based complaints in the legal system, and only a fraction of such complaints are reported. Most people still aren’t talking. Complaint numbers then are not strong indicators of whether sexual harassment itself is on the rise. It is possible that reporting of sexual
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harassment has risen. At the very least, it is safe to conclude that the problem persists. III. What are these complaints about? Perhaps the real reminders of this ongoing issue lie not in the numbers but in the stories. Recent complaints of sexual harassment cover a myriad of allegations of inappropriate workplace behaviour, including as follows: • Two 2017 decisions from the Human Rights Tribunal of Alberta found sexual harassment toward female workers in the restaurant industry. In one case, the employee was subjected over a four-month period of employment to having her buttocks touched, an attempted kiss, and a prolonged hug on the part of her boss.2 In another, the complainant described the use of degrading sexual language that made her feel “dirty” and humiliated. This continued despite the complainant asking several times for it to stop.3 • The Human Rights Tribunal of Ontario found in 2013 that a pregnant server was fired after objecting to a new formfitting uniform,4 and in 2016 that an employee was told by her boss to wear short skirts and “show cleavage”.5 In March of this year, a federal human rights complaint was filed by a union on behalf of flight attendants working at Air Canada, alleging systemic discrimination and harassment on the basis of sex, sexual orientation and race, including being subject to discriminatory uniform and make-up rules.6 • A recent Saskatchewan human rights court settlement addressed allegations that an employer was aware of an ongoing pattern and practice of harassment by a manager against multiple employees in a workplace, and failed to ensure that the harassment stopped. The allegations
FEATURE COMMENTARY
included complaints of unwelcome text messages, comments on workers’ bodies, asking employees for details about their sexual activities, and engaging in inappropriate touching of female employees. The terms of settlement for the complainant included $20,000 for damage to dignity and $5,000 lost wages. • In October of 2017, the Saskatchewan Labour Relations Board found that a Union Local breached its duty of fair representation when it discriminated against three female employees on the basis of sex by failing to properly respond to their complaints of sexual harassment by coworkers.7 IV. What are the legal implications? Damages for lost income in human rights cases can significantly exceed what might be awarded for wrongful dismissal under the common law. This is demonstrated in the case of where the Saskatchewan Court of Queen’s Bench awarded damages for lost income based on a fifteen month time period even though the complainant was employed by the respondent for less than three months. Also, in the complainant was awarded $10,000, the maximum available at the time, for damage to dignity under Recent jurisprudence in the human rights field recognizes an upward trend for damage to dignity awards. In December 2014 the Saskatchewan Legislature chose to double the prior maximum, capping damage to dignity awards in Saskatchewan at $20,000. Dignity awards for sexual harassment in other Canadian jurisdictions routinely exceed this amount. Just this year, the Human Rights Tribunal of Ontario awarded $200,000 in damages for sexual harassment, sexual assault and race based discrimination in While discussing the legal risks of sexual harassment, lawyers should encourage colleagues and clients to create workplaces that actively discourage such behaviour. There are sound legal reasons to be proactive, as employers have an obligation to provide their employees with a discrimination free work
environment. This involves taking positive steps to prevent harassment in the workplace, such as letting employees know that sexual harassment is unacceptable and having policies and procedures in place to deal with harassment. Given what we know — that sexual harassment is wide spread and pervasive in almost every industry11 — employers can be presumed to be on notice that this is a likely problem in their workplace. It is inadequate under the law for employers to look the other way, wait for people to file written complaints before taking action, or discourage people from filing complaints. Sexual harassment is a legal liability whether employers recognize it as such or not. Discrimination can happen unconsciously and intent to discriminate is . not a factor in finding liability under the V. Continuing the Conversation We know that sexual harassment is not a new issue. The numbers and the narratives tell us it has not gone away. The resulting legal risks are real. So, does anything differentiate the current conversation from ones we have had in the past? The optimist says maybe this time is different, but history tells us we need to keep on talking. As lawyers, citizens, and community leaders let’s continue to speak up and bring attention to issues of sexual harassment and gender inequality at the workplace, in our practices, and beyond. 1 See Saskatchewan Human Rights Commission Annual Reports online: http://saskatchewanhumanrights.ca/learn/annual-reports (10 July 2018). 2 Mandziak v Taste of Tuscany Ltd., 2017 AHRC 10. 3 Penner v Irish Pub Holdings Inc. o/a Molly Malone’s Irish Pub, 2017 AHRC 15. 4 McKenna v. Local Heroes Stittsville 2013 HRTO 1117. 5 Lee v. NCR Leasing Inc. o/a Aaron’s Stores, 2016 HRTO 1440. 6 It is important to acknowledge that human rights complaints are often intersectional in nature and may engage more than one of the prohibited grounds under The Saskatchewan Human Rights Code. Complaints on the basis of sex are often compounded by grounds of family status, race, receipt of public assistance, disability, gender identity, and others. 7 CH, HK & RD v Canadian Union of Public Employees, Local No. 21, CUPE National, and The City of Regina LRB File No. 034-15, 035-15 & 037-15; October 3, 2017. 8 (2014) 80 CHRR D/348 (Sask QB) [Empire Investments Corp.]. 9 SS 1979, c S-24.1 [Code]. 10 2018 HRTO 107. 11 See Human Rights Professionals Association’s Report “Doing Our Duty: Preventing Sexual Harassment in the Workplace” online: https://www.hrpa.ca/ Documents/Public/Thought-Leadership/Doing-Our-Duty.PDF (10 July 2018); See also Employment and Social Development Canada’s 2017 Report “Harassment and Sexual Violence in the Workplace – Public Consultation: What We Heard” online: https://www.canada.ca/en/employment-social-development/ services/health-safety/reports/workplace-harassment-sexual-violence.html (10 July 2018).
SPRING 2018 13
FEATURE COMMENTARY
FEMALE, FOREIGN AND PRACTICING SOLO IN RURAL SASKATCHEWAN FOLUKE LAOSEBIKAN PH.D || F L K LAW FRIM examinations, I was called to the Saskatchewan Bar.
Settling In… My immediate challenge following the move to Canada was getting accustomed to the Canadian culture and to “Canadian English”. Having lived in England, Nigeria, and South Africa, my ears were trained for those English accents. It was now time to learn the Canadian accent, which I later discovered had its variations – from Saskatchewan to Newfoundland! As an Internationally – Trained Lawyer… My foremost challenge as an internationally – trained lawyer (ITL), was the daunting process and price of practicing law in Canada. Having qualified in Nigeria, I possessed the knowledge and skills to practice law in any English-speaking CommonLaw jurisdiction. (Nigeria has the same foundations of English Common Law as Canada and is part of the British Commonwealth of Nations). However, to practice in Canada, all ITLs must undergo the following: • assessment of their non-Canadian credentials, • passing core Canadian Law examinations, • successful completion of a provincial Bar Program, and, • successful completion of Articles in Canada.
After 6 long and difficult years of assessments, examinations, hard-work, prayers and about $12,000.00 dollars expended on credentialing and
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Employment and Practice… One winter day in 2006, I walked into a Saskatchewan Law Firm seeking any kind of legal employment and I presented my (African) certificates. The lawyer’s initial response was: “... You mean you got all these certificates in Africa? ... there are actually universities in Nigeria? … And when you walked in here, I was thinking “here comes a poor, starving African woman to beg for something!” (We subsequently became good friends and that lawyer remains my self – appointed mentor and practice advisor.) Another day, I was standing quietly at the checkout line of a popular grocery store when the lady ahead of me turned back, gently slipped a “Free English Language Classes” business card into my hand and politely offered to teach me English anytime I was ready to learn. (I kept the card – to amuse myself on rough days.) The above accounts highlight the fundamental issues I experience in practice: • Lack of knowledge/trust from clients and other lawyers regarding my certification as an ITL. • The misconception that, as an ITL, I do not/ cannot have sufficient knowledge and understanding of Canadian Law to practice as competently as a Canadian – trained lawyer. •
The preconception that, because of my skin-color or accent, I cannot possess sufficient skill in the use of English to comprehend or communicate effectively.
FEATURE COMMENTARY
As a Female Lawyer… I recall the recent story of a female lawyer in a certain Law Firm in rural Saskatchewan where her boss had offered partnerships in the Law Firm to her two junior male colleagues. When she asked him why he excluded her from the offer, the boss confirmed her competency was not in question; however, she was a woman with a young family to which she was devoted which, in his assessment, made her unsuitable/unable to run a successful business or law practice.
The challenge of access to, and participation in, CPD and Law Society events is another long-standing issue for rural practitioners. Although the CPD issue is significantly alleviated with the increase in Law Society webinars, the challenge of attendance, participation and inclusion remains for rural practitioners as events are periodically scheduled only in the larger centers.
I have not had many personal experiences of patriarchy in relating with lawyers in Saskatchewan; In truth, many of the mentors and colleagues who have encouraged and supported me in my law career in Saskatchewan are honorable male lawyers. Nonetheless, I acknowledge that patriarchy is universal and that it perpetuates itself through mindsets and institutions which often do not recognize or acknowledge its existence and its injustice. Therefore, while affirming the goodness I have experienced in Saskatchewan, I recognize the injustice to many and also affirm the continued necessity to ensure fairness of treatment irrespective of gender.
(1) Awareness of (our own) prejudgments and of entrenched patriarchal tendencies.
As a Rural Practitioner… Recruitment of other lawyers and skilled staff is an enduring difficulty for rural practitioners, regardless that many rural law firms are willing to match or exceed the remuneration in bigger cities. On my first day at work at the law firm in my ‘certificate story’, I was informed the only reason I was called back to “show what I could do” was that they were desperate and no one else was available. (This was two years later.) Recent experience however suggests that retention of skill is now the bigger issue. In my rural community and others which I am aware of, the last three years have seen a high turnover of Articling students and young lawyers hired in hopes of long-term commitment, who did not stay on as hoped.
Summing Up... I wish to conclude by encouraging personal cultivation of the following improvement measures:
(2) Willingness to learn, change and ‘step outside (our) comfort zone’. (3) Support for rural skill retention initiatives and increased measures for inclusion of rural practitioners in professional development activities.
Potential Benefits: • Personal and Business success: In life and in business, right alliances bring success. Being open to associations with the right people who bring different perspectives and experiences significantly increases the potential for exponential growth and success. • Efficacy in the Administration of Law: The legal profession cannot afford to be rigid or static, otherwise it will become ineffective, irrelevant and eventually obsolete. To retain relevance and respect, law and its practice must be malleable in leading, responding to and reflecting significant changes in the society. • Efficacy in the Practice of Law: As officers/ custodians of the law, in today’s multicultural and constantly evolving global village, the truly skilled and successful lawyer must be adaptable and responsive to issues which reflect their society’s true dynamics.
SUMMER 2018 15
FEATURE COMMENTARY
SISTERS IN LAW: WOMEN SUPPORTING WOMEN TONYA LAMBERT || STUDENT, UNIVERSITY OF SASKATCHEWAN
Steele. “It is simultaneously critical of structures and actions that detract from women's ability to contribute to the legal profession and the world, and celebratory of progress in this area and in our members’ lives.”
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y father was so proud when I got accepted into law school, he told his friends, “I lost a daughter but gained a daughter in law!”
Although getting into law school is definitely an accomplishment, it is only the first of many hurdles on the path to a successful legal career. Statistics show that some students, such as women, will face more hurdles than others. In North American universities, including the University of Saskatchewan, men and women enter law school in approximately equal numbers. Unfortunately, this is where gender parity ends. A 2015 Canadian Bar Association study revealed that only 37 percent of Canadian lawyers, and 27 percent of private practitioners are women. Furthermore, they tend to be clustered in the less prestigious and lower income positions. Aware of these challenges, some University of Saskatchewan female law students formed an informal group "Sisters in Law" in 2016 for femaleidentifying students. It was ratified an official campus club in 2017. “Sisters in Law is a forum to share our perspectives and to build awareness of each of our positionalities as women, with a variety of intersecting identities, in this college and this profession,” explains Desirée
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Today, Sisters in Law has more than 160 members. “I joined Sisters in Law,” says Larissa MeredithFlister, “because it is very important for women to support each other in the legal profession. It wasn’t was amended until 1913 that the to allow women to practice law in Saskatchewan. In the context of how old the legal profession is, 105 years is a relatively short period of time. The laws and practices that kept us from becoming lawyers are still reflected today in the gender imbalance that exists in the profession. As such, it’s really important that we build a culture of support and mentorship so that we can achieve equal participation in the legal profession.” Cheryl Giesbrecht agrees. “Having worked in law offices for many years before attending law school, I understand that women have a different experience in the practice of law. Having groups for women to share struggles and inspirations is an essential piece of what is required in order to bridge the current gender divide that exists, thereby improving the practice for all involved – female and male lawyers, staff, clients.” Sisters in Law provides a supportive environment for female-identifying students, one that is collaborative and non-hierarchical. “Because the focus of the group is not dictated by any one person, everyone involved is welcome to share ideas about anything that has caught their interest,” notes Alyssa Phen. “It generates some great conversation, and there is no ‘inner circle’
FEATURE COMMENTARY
or groupthink that often prevents people from participating.” Members find encouragement, inspiration and increased confidence in the online forum and group activities. On Facebook, members share articles, discuss news stories, post information about community events and fundraising activities, and offer advice on professional development and mentorship opportunities. The group has supported many worthwhile causes – collecting donations for Interval House, Dress for Success and Moon Time Sisters and volunteering at SWITCH Clinic. Saskatchewan lawyers Iffat Ritter (Cuelenaere LLP), Dezarae Senft (Miller Thomson LLP) and Elke Churchman (Elke Churchman Law Office) have addressed the group about their experiences as women lawyers. Though still a young organization, Sisters in Law is already having a significant impact helping female students navigate law school and prepare for their
future legal careers. Member Kailee Miller’s friend established a Sisters in Law group at her university in Adelaide, Australia. Members hope to increase the club’s impact even more in coming years. “It would be nice to reach out somehow to women who are thinking about law school,” says Katelyn Rath, “and extend the welcoming environment outside the Law program.” Courtney Davis states, “I hope this club leaves a legacy of inclusion and empowerment. I hope that each year, more women who want to give back to our community and who also want to empower other women to succeed join this club. As women, we need to come together to ensure that we are all successful and also so that we can maintain a network of support for one another because when one of us succeeds, we all succeed.”
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SUMMER 2018 17
FEATURE COMMENTARY
WORKING 9 TO 5 IN 2018, AND PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE SHANNON WHYLEY || MLT AIKENS LLP
(1980 Film, starring Jane Fonda, Lily Tomlin and Dolly Parton) The movie dealt with issues of workplace sexual harassment, gender discrimination and violence in an over-the-top, fast-paced comedy, starring three of the top female stars of its era. It was released nearly four decades ago, but its major themes still have relevance today. Fast forward to 2018, and there is now a public awareness of issues involving sexual harassment and discrimination in the workplace – Hollywood included – like we have never seen before. High profile cases and the emergence of the #MeToo movement have highlighted the complexities of sexual harassment allegations in the workplace, liabilities for employers, and the potential career consequences for perpetrators. The criminal and business implications for cases of workplace sexual harassment often dominate the discussion. However, employers in Saskatchewan (including law firms) should be aware that they have statutorily imposed legal obligations to protect employees from sexual harassment under both occupational health and safety and human rights legislation. defines "harassment" broadly to include any inappropriate conduct, comment, display, action, or gesture by a person that he/she ought reasonably to know would cause a worker to be humiliated or intimidated and that adversely affects the well-being of that worker. Under the , harassment can be either repeated conduct or consist of a single serious occurrence.2 While the defines harassment broadly, it provides an exemption
18 BARNOTES
for reasonable actions taken by employers in relation to the management of their workers and place of employment.3 By contrast, does not expressly deal with workplace harassment. Rather, the right to be free from discrimination on the basis of sex has been interpreted by the Supreme Court to include the right to be free from the discriminatory effects of sexual harassment which act to exclude or limit participation of victims in the workforce.4 What Conduct Constitutes Sexual Harassment?
Sexual harassment covers a broad spectrum of conduct. In order to capture the full range of conduct which could cause employees to feel sexually harassed in the workplace, the courts have adopted a definition of sexual harassment which focuses on the effect of the behaviour on employees. To constitute sexual harassment a behaviour must fulfill three criteria: (1) the behaviour must be unwelcome, whether or not that fact is known to the perpetrator; (2) the behaviour must be sexual in nature; and (3) the conduct must detrimentally affect the work of the victim. In taking an effects-based approach, the intention of the perpetrator is irrelevant to a finding of sexual harassment. Although sexual harassment obviously extends to sexual assault or the use of threats or coercion in an attempt to obtain sexual favours, it also encompasses bullying with a sexual context and the creation of a toxic work environment filled with unwelcomed sexual innuendo. Sexually suggestive touching, sexual propositions, the display of pornography, and comments about another employee's appearance or sexuality are sexual harassment. Though commonly put forward as an excuse by perpetrators of sexual harassment, it is no defense that the conduct was
FEATURE COMMENTARY
intended to be a joke – sexual jokes are sexual harassment. While the Supreme Court has recognized the disproportionate impact that sexual harassment has on women in the workplace due to the power imbalance created by the sex-stratified labour market, it also recognized that sexual harassment is not limited to the framework of male perpetrators and female victims.5 Sexual harassment can be perpetrated by females against males, or between members of the same sex regardless of their sexual orientation.
Under the , an employer found liable for discrimination may be required to pay damages to compensate an employee for any resulting losses, may be ordered to reinstate the employee, and may be required to take corrective measures to prevent similar occurrences (such as a human rights training program).10 An employer may also be ordered to pay up to $20,000 in general damages if it is found that they willfully or recklessly contravened the or if there is an injury to the dignity or self-respect of the employee resulting from the infringement.11
Whose Behaviour is an Employer Liable For?
What should Employers do to Prevent Sexual Harassment in the Workplace?
The frames the duty on an employer to protect against harassment broadly to apply to "any matter or circumstance arising from a worker's employment."6 As such, the duty extends to protect against harassment from any person that the employee might deal with in the course of his or her employment, including supervisors, co-workers, suppliers, contractors, and customers. The protection of the is not limited to actions endorsed by an employer either. In recognition that employers act through managers and supervisors, the Supreme Court has held that employers are liable for the conduct of management where it is related or associated to their employment.7 Employer liability has also been held to extend to acts of sexual harassment committed against an employee by other non-supervisory employees where the employer does not take action to eliminate it. Liability for sexual harassment committed by a customer was recently considered by the British Columbia Human Rights Tribunal who held that the failure to adequately respond to sexual harassment complaints made by employees against customers could constitute a breach of an employer's responsibility under human rights legislation.8 Employer Liability for Workplace Sexual Harassment
Under the an employer can be fined up to $20,000 for a first offence (with a $2,000 fine per day for continuing offences) and up to $40,000 for subsequent offences (with a further $4,000 per day for continuing offences).
Employers are encouraged to take the following steps to prevent and address sexual harassment: • Implement a harassment policy which is compliant with The Occupational Health and Safety Regulations. This is mandatory for all provincially-regulated employers in Saskatchewan. • Train managers and staff on acceptable workplace conduct, respect in the workplace, and when to report issues of misconduct. • Treat all reports of sexual harassment seriously and confidentially. • Promptly investigate a complaint of sexual harassment or hire a third-party investigator to conduct the investigation on the employer's behalf. • Once the investigation has been concluded, take appropriate steps to correct the situation, including taking disciplinary action up to and including termination of employment, if warranted. Conclusion
Sexual harassment is a broad concept. It can involve people of any gender or sexual orientation. It extends from lewd remarks, innuendo, unwanted solicitation and the sexualization of the workplace all the way up to sexual assault. It is the impact on the victim of the harassment that matters. By taking appropriate steps to prevent all forms of sexual harassment and responding effectively if sexual harassment occurs, employers can greatly minimize their risks of liability and reputational harm, while contributing to the goal of equality in the workplace.
SUMMER 2018 19
FROM THE BENCH
HOW COME JUDGES IN SMALL CLAIMS COURT DON'T DEMAND STRICT COMPLIANCE WITH PRACTICE AND PROCEDURAL RULES BY SELF-REPRESENTED LITIGANTS? JUDGE PAUL DEMONG || PROVINCIAL COURT OF SASKATCHEWAN
I
have now been a Provincial Court Judge dedicated to the Civil Division of that Court for five and one half years.
In an earlier life I spent 25 glorious years dedicated to the most noble and altruistic of legal practices – Insurance Defence Litigation. For the most part that involved trying to do two things: desperately trying to pay out every penny that aggressive plaintiffs’ counsel sought for their clients, of course – and then redoubling my efforts in looking for ways to bring an insured within the confines of their insurance coverage. However, every once in a blue moon, my constant refrain of ‘how can I, help you, help your client?’ would fall on deaf ears. My constant entreaty to ‘sit down over a cup of coffee and resolve this impasse’ would be met with stony silence. Instead of a phone ringing, the fax machine would start to sing. And then the paper (and by that of course I mean interim applications) would fly. Applications to add parties or amend pleadings, demands for further and better particulars, and applications to seek further production were just the beginning. Supporting documents for these applications? They were nothing but a fertile ground for obstinacy. Just try to file an affidavit on information and belief without identifying the grounds of your belief – try to insert a thinly veiled opinion masked as fact. As the legal battle lines hardened, my client would occasionally respond in kind, as was its God given right, and direct me to bring similar applications. Did I really have all of the defendant’s employment records? Did I not, as a claims manager might imply, have the legal
20 BARNOTES
obligation to my client to satisfy it that the plaintiff’s assertions that his prospective loss of future income earning capacity would inevitably push the claim well over the available balance of insurance coverage might be wrong? Better turn that rock over. On these occasions, with the blood lust rising, each of us would turn to the Rules of Court and grab that beautiful red faux leather-bound edition of the with ... appended Civil Practice Directives! Game on. Evenly matched, and regardless of the time and money that needed to be spent, and the consequential delay of multiple applications, we would be intertwined in a symbiotic form of interlocutory warfare — Bring a motion eh? I too shall bring a motion! Strangely, and after a few years of delay, with the plaintiff earning a paltry 1 or 2 percent prejudgment interest on their eventual settlement (they almost always settled), the amount paid out on the claim would be within ten percent of what a reasonably informed outsider looking in would find to be reasonable. And why wouldn’t it settle? As Mr. Justice R. Shawn Smith so adroitly pointed out to me (I think it was Mr. Justice Smith because he talks like this) ... ‘Keep in mind Paul, that as an insurance defence lawyer, you are doing God’s work, and every time you settle, a new angel gets its first set of wings’. Don’t get me wrong. I well understand the occasional necessity for consistency and conformity. I used to love those rules. There is a purity to Queen’s Bench Rules that I find compelling, and they are a good thing – especially when what is at risk is more than what I will
FROM THE BENCH
earn in five lifetimes. And, I must confess, as I deal with what is approaching 4000 small claims files, I look back at those rules longingly. It would be so much easier sitting in Small Claims Court to demand strict compliance with any practice directives that this Court might lay down. Unfortunately, and is typical in any technical area of expertise, lawyers (and Judges sometimes) tend to forget the countless hours that we took to learn all of the rules of practice and procedure. As we sit inside our box of rules, playing with them and exchanging them, imagine, just for a moment, how strange these tools look to a person on the outside looking in. I suspect they look complicated and ludicrously complex and I can assure you, the vast number of litigants who I see don’t want to play with them. They don’t understand them. They can’t read the instructions that come with them and they invariably don’t know why they are necessary.
I do it in the spirit of proportionality and I temper my directions based on the level of legal expertise of the party receiving those directions. When I do so, I seek to extend the same (benefit?) of that procedural laxity on all parties to the dispute. I do it with an eye on fairness and in the context of the objectives of a small claims court: timeliness, efficiency, and cost effectiveness. I do it in recognition of the admonition in (former) Supreme Court Justice Thomas Cromwell’s report October 2013: There is a serious access to justice problem in Canada. The civil and family justice system is too complex, too slow, and too expensive. It is too often incapable of producing just outcomes that are proportional to the problems brought to it or reflective of the needs of the people it meant to serve. ... Continued on page 23
What if the roles were changed and you were put into a unique and complicated situation? You walk into a surgery and the administrator of the hospital says ‘the patient’s over there. You’ve got a scalpel, a few stents, tons of machines that go ‘bing’ from time to time and some anaesthetic ... now get to work on that triple by-pass. If you have any questions, take a look at those binders lining the wall’. This is how one self-rep explained his frustration over technical legal practice to me. Try as I might, I don’t have the time to explain to each litigant the manner in which our litany of technical rules are to be employed, and why they are necessary. It took me years to understand all of them – (okay... most of them) Okay, some of them. So I do what most small claims Judges do. I gently guide litigants on only the most basic rules and hope to obtain, at least, partial compliance. Compliance which will be proportionate to the risk at bar. I do this fully cognizant that this may thwart the well meaning efforts of lawyers who come to my Court seeking to force strict compliance with disclosure, affidavit protocol and the like.
SUMMER 2018 21
PRO BONO SPOTLIGHT
PRO BONO HITS THE ROAD PIERRE E. HAWKINS || PRO BONO LAW SASKATCHEWAN
P
ro Bono Law Saskatchewan holds regular free clinics in ten cities and towns across the province. At our clinics, clients can speak with one of our volunteer lawyers for up to an hour of free legal advice. This program helps to guide selfrepresented litigants. We let people know whether they have a claim and how to pursue recourse through the legal system. Every summer, the PBLS Programs Director and Clinic Coordinator travel to each of our clinic locations. We use the opportunity to re-stock clinic supplies, check the clinic computers, and take volunteers out to lunch. During our visits, we have the opportunity to meet with our community clinic partners. These partners host our clinics, providing our volunteers with an office where they can meet clients. Clinic partners are essential to the operation of PBLS’ clinic program. They make clients feel welcome, safe, and confident in their ability to access legal help. Over the last three weeks, we have met some truly amazing people are best characterized by one attribute: their unwavering dedication to the communities they serve. Six of our clinics are held at Salvation Army locations. During our visits, we have witnessed staff and volunteers who pride themselves on the number of families that they help feed, the number of kids in their youth programs, or the number of backpacks that they stuff with school supplies. The services that they help provide are woven into the fabric of their communities. It is difficult to think of where vulnerable people in their communities would be without them. To Sam and Mary in Yorkton, Ronza in Estevan, Tara
22 BARNOTES
and Sonya in Moose Jaw, and Judy and Helen in Swift Current, thank you for hosting us, for visiting with us, and for being PBLS’ link to your communities. We look forward to meeting with our Salvation Army community partners in Meadow Lake later this summer. The Regina Free Legal Clinic, our largest, is hosted at the Salvation Army Haven of Hope in Regina. They take a wholistic approach to help their clients in all aspects of their lives. Four of our clinic partners are also community organizations who provide an impressive variety of services to their communities. In Weyburn, Fred of the Community Low Income Center has for 14 years helped his community to interact with government agencies. He provides budget counselling and trustee services, employment counselling, social services and housing advocacy, and hosts legal clinics and tax preparation clinics. More than that, Fred lets members of his community know that he is looking out for them. He is there to help. So far, we have met with amazing volunteers and community organizations in the southern part of our province. In August, we venture north. Not only does Catholic Family Services of the Battlefords host PBLS’ clinic, it also provides services that keep families healthy, cohesive, and happy. They help their community members to believe in themselves and believe in each-other. The Prince Albert Indian Metis Friendship Centre lives up to its name. Beyond hosting our clinic program, the Centre provides services including youth programs, a court worker program, housing help and a broad range of other services. The organization aims to help those in need and to encourage full
PRO BONO SPOTLIGHT
community participation of people of Indigenous descent. Their work in promoting cohesion and understanding between indigenous and nonindigenous communities is an asset and inspiration to the people of Saskatchewan. Finally, the Scattered Site Outreach Program in La Ronge serves as a community hub, serving its community with clothing, food, housing, and health programs, among many others. Its flexible structure emphasises serving the needs of its community, whatever those needs may be. Scattered Site provides a refuge for the vulnerable. Its services allow people to help themselves and to help each-other. One thread permeates the work done by our partner organizations, their staff, and their volunteers. All are driven by kindness and compassion. They give a lot and ask for very little in return. These people and organizations make our communities whole. They are truly deserving of support and have earned the unending gratitude of PBLS. Continued from page 21 We need to change our primary focus. Too often, we focus on how the system operates from the point of view of those who work in it ... the focus must be on the people who need to use the system. ... Litigants, and particularly self-represented litigants, are not, as they are too often seen, an inconvenience; they are why the system exists. I do not think that Mr. Justice Cromwell was paying lip service to access to justice. I think he was talking to me and to my Court. So, I am doing my bit. I wish I could play with all of the practice and procedural tools that lawyers bring to my Court, and as I have said, I miss them. But, it’s only fair. If you come to my Court, we are only going to play with the tools that everyone knows how to play with. The only way around this is to compel our Saskatchewan Bar to devote sufficient pro bono legal services to train up the myriad of self-represented litigants who we see on a yearly basis. That would be about 6000 combined plaintiffs and defendants. Any takers?
SUMMER 2018 23
POSTCARD FROM A LAWYER
PARIS AND LONDON WITH SMALL CHILDREN JENNIFER D. PEREIRA || ROBERTSON STROMBERG LLP
P
aris and London have a reputation of being cities exclusive to lovers, fashionistas and artsy types – playgrounds for adults with style and taste. Experience from a recent trip however, convinces me that London and Paris are cities perfect for children. In early July I travelled to London and Paris with my husband and two children, aged 4 and 6. It was not the type a trip that most lawyers might take to these centers. In fact, many of my colleagues were aghast that I would put my kids through a transatlantic flight, foreign apartments and public transit. By adjusting our expectations as to what we could accomplish each day, the kids had a wonderful time and the only melt-downs were experienced by me when I failed to properly navigate google map directions. We spent nine days in London and made an Airbnb in South Kensington our home base. There were no signs of a struggling British economy in our tawny neighbourhood surrounded by lovely homes, bustling restaurants and pretty shops. Travelling with two small children meant we experienced the best of London’s parks and museums. Special attention is made in many locations to ensure that children are engaged. The Science Museum, Museum of Natural History, Transportation Museum and Maritime Museum each had bespoke exhibitions devoted to ensuring kids could have hands on experiences. You might not think a Transportation Museum sounds engaging but our toddlers spent three hours completing its scavenger hunt and playing dress up in its mock bus-station. Playgrounds were equally exciting with an emphasis on “parent free” adventure areas where children are
24 BARNOTES
signed in and encouraged to explore without parental interference. We also toured the British Museum, National Gallery and the Tate Modern. Our trick in engaging the kids at each involved absurd counting games such as picking out the number of dogs in a particular gallery or (more popular) counting bare bums in the paintings. Day trips were taken to Greenwich, Hampton Court (home of Henry VIII’s castle) and Windsor (we skipped the location of the recent Royal Wedding and opted for
POSTCARD FROM A LAWYER Legoland instead). Admittedly my kids were nonplussed by seeing the prime meridian but were in awe of the sea of humanity at the Canary Wharf tube station at rush hour. They loved the subway, double decker buses and trains as much as they enjoyed finally seeing Tower Bridge and exploring the Bloody Tower (at the Tower of London). We travelled by Eurostar to Paris and stayed in an Airbnb in the Marais neighbourhood. Surrounded by trendy cafes and shops my heart sank when we arrived at our apartment. Nothing looked green or inviting for children and I suddenly worried that Paris would be a mistake. Luckily, I quickly realized that the City of Light is filled with lots to keep young children occupied. One of the best kept secrets of Paris is the seemingly random little playgrounds scattered throughout different neighbourhoods and along the Seine. It’s hard not to notice the city’s genuine dedication to carousels strategically placed close to various landmarks and tourist attractions. Paris is literally designed to keep kids busy while travelling throughout. Although we climbed the Eiffel tower, we spent more time enjoying the green space in the adjacent Champs De Mars. Likewise, while we made an obligatory trek to the Louvre, we spent much more time in the nearby Jardin des Tuileries full of beautiful flowers, landscaping and sculptures. The mini-carnival rides and playground were also a treat. It was hard to believe my iPad loving children spent an entire afternoon in the beautiful Jardin du Luxembourg pushing wooden sail boats and playing on a playground ripe with Parisian nostalgia – but the city is so beautiful that somehow my children couldn’t resist. In a more modern twist, the Jardin de Nelson Mandela near Les Halles offered our kids splash pads in the shadow of an ancient Cathedral and former opera hall.
palaces. Picnicking at the end of the grand canal with the Palace of Versailles framing our view made it very difficult to want to come home.
We arrived in Europe with no expectations of what to do and simply did what the locals did. We embraced being observers and enjoyed both cities at a slow and relaxed The highlight of the entire vacation was a day-trip to pace. Although my husband and I have both visited nearby Versailles. We started by buying groceries for London and Paris before we learned there was no better a picnic at an outdoor market and spent the balance of way to experience both cities than with our children who the day on bicycle exploring the grounds of the expansive are curious and full of wonder. SUMMER 2018 25
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CALENDAR OF EVENTS August 2018
Online Legal Directory Orders – Open (Deadline Aug 15 but copies still available)
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August 31
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September 1
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Student Welcome Reception 4pm
College of Law, U of S
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January 31, 2019
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28 BARNOTES Š 2018 Mercedes-Benz Canada Inc.