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Winter 2010

UBC LAW

ALUMNI MAGAZINE Pro Bono Work in Canada BUFFERING A CRISIS IN THE COURTS

Access to Justice U B C L AW A L U M N I E N S U R I N G E Q U A L I T Y B E F O R E T H E L AW

Remembering Chief Judge Hugh Stansfield

THE UNIVERSITY OF BRITISH COLUMBIA


UBC LAW

ALUMNI MAGAZINE

PUBLISHER

UBC Faculty of Law

Share Your Memories OF THE OLD LAW SCHOOL BUILDING

EDITORIAL

Editor-in-Chief Dean Mary Anne Bobinski Managing Editor Penny Elton Copy Editors Alison Amratlal, Tanya Hawke, Janine Root Proofreaders Alison Amratlal, Penny Elton, Tanya Hawke, Anna Holeton, Neal Kansy, Meggan Mulberry, Janine Root, Jeremy Shragge Editorial Board Mary Anne Bobinski, Ana-Maria Hobrough, Penny Elton, the Honourable Jon Sigurdson Advisory Board Sarah Batut; Matthew Brandon; the Honourable Janice Dillon; Anna Feglerska; Anne Giardini; Annie Ho; George N.F. Hungerford; Sarah Jones; Kat Kinch; Miranda Lam; Willis E. O’Leary, QC; Joan Rush; Katie Seymour; Brittany Skinner; the Honourable Jon Sigurdson; Betsy Segal; James Spears; the Honourable Martin Taylor, QC Contributors Alison Amratlal, Mary Anne Bobinski, Chris Cannon, Amy Day, Penny Elton, John Hannah, Andrea Hilland, Milton Kiang, Mary Milstead, Ted Murray, the Honourable Jon Sigurdson, Jean Sorensen, Joe Wiebe

Do you have a story to tell about the time you spent in the old law school building as a student, faculty member or staff member? We invite you to share your memories of the building, good or bad, from its construction in 1951 to the last day of classes in 2009. Selected excerpts will be published online and in the e-newsletter, and used during celebrations surrounding the commencement of the building project, tentatively scheduled for December 2009. Email communications@law.ubc.ca with the subject line “Law School Building Memories” and don’t forget to include your class year with your submission. Please indicate if we can share your name or if you would like to remain anonymous.

ART DIRECTION AND DESIGN

Tandem Design Associates Ltd. PHOTOGRAPHY

Principal Photographer Martin Dee Contributing Photographers Darin Dueck, Eugene Lin, Lee Halliday

THE UNIVERSITY OF BRITISH

“As a member of the class of 1984, my memories of the old UBC law building date from a quarter century ago. I turned 50 this year, so my years at UBC mark the half way point of my life so far.

COLUMBIA

UBC FACULTY OF LAW

The University of British Columbia 1822 East Mall Vancouver BC V6T 1Z1 Canada To send your letters to Re-Torts, or your contributions to Closing Arguments, e-mail alumnieditor@law.ubc.ca. To submit information to Class Notes, click on http://www.law.ubc.ca/forms/class_notes/ notes.html and use our online form. Please provide your full name and, if desired, title and company name. Submissions may be edited for length and clarity. To notify us of a change of address or other contact information, please e-mail alumnieditor@law.ubc.ca or write to us at the address listed above. UBC Law Alumni Magazine is published twice a year by the UBC Faculty of Law; 7,500 copies are distributed to UBC Law

alumni via direct mail. Copyright

© 2010 UBC Faculty of Law

Publications Mail Agreement Number 41130018

Return all undeliverable Canadian mail to UBC Faculty of Law 1822 East Mall Vancouver, BC V6T 1Z1

The early 80s were fascinating for students of Canadian constitutional law. After a fervid debate and a torrent of lobbying, the Canadian constitution was “repatriated,” culminating in the proclamation of the Constitution Act, 1982. It can't be a coincidence that the Queen of England visited Canada several times during the early to mid-80s, including trips in 1982, 1983 and 1984. In March of 1983, the Queen and Prince Philip visited several of UBC’s significant sites including the Museum of Anthropology, the Asian Centre and the Health Sciences

Centre Hospital. Somehow it became known that the Queen's car would be driving past the UBC Faculty of Law. I was, and remain, firmly antimonarchist, so I am not sure what led me to join a few other students and staff who elected to stand outside the law building to watch the Queen's car drive by. I know that I expected to see a very old woman. The Queen was 58 years old in March 1982, which seemed ancient to me then, but which of course strikes me as being at most middle-aged now. What I remember is this: a brief glimpse of a small and utterly dignified woman who waved at us through the window of her car. What I also recall is that I was swept quite unexpectedly by a sense of how brave she was, living her life as the embodiment—literally and figuratively—of the principles and values that I was learning in the building that could

be seen behind the car as it drove past. Imagine what she saw from her side of the glass. A motley group of Canadians as unknown and unknowable to her as she was to us. My views haven’t changed. I am a small ‘r’ republican at heart. I have no interest in Charles, Camilla or the rest of that family. I think Diana's lasting achievement is to have accelerated the inevitable dismantling of the monarchy; however, recalling that glimpse of Queen Elizabeth reminds me that we could have done worse than to have had her as the last monarch of this country. The old law building is in some ways like the monarchy: It has served an important purpose and should be remembered with fondness and gratitude even as it is taken to pieces and a fresh, new edifice raised in its place.” ANNE GIARDINI (’84)


Contents FEATURES

4

Pro Bono Work Buffering a Crisis in the Courts ENSURING ACCESS TO JUSTICE FOR ALL CANADIANS

How pro bono organizations are addressing an increasing need for free legal services

9 British Columbia Law

Institute (BCLI) 10 The Honourable Hugh

Campbell Stansfield, LLB (’79) “As a visiting student, I only spent my final term at UBC (Fall ‘98). The setting was spectacular but the building seemed so bleak, which is saying quite a bit given the abject dreariness of my precursor, Osgoode Hall Law School. I still recall the first flash of colour, being a fiery red head in Creditor’s Remedies. I sat beside her, but only for part of that first lecture because her tapa-tapa-tapa on what must have been one of the first laptop computers (the green one actually shaped like an apple), combined with what seemed like brutal acoustics, was driving me crazy. Oh well, we’re married now; maybe we wouldn’t have met if that building hadn’t played such a crucial role that day.” LUI CARVELLO, MCIP (’98)

13 Downtown Community

Court — One Year In 15 First Nations Legal Clinic

18 Unbundling Legal Services:

Out from Under the Covers 20 Get REAL 21 Artists’ Legal Outreach 22 Profiles 26 Legal Exposure

Opportunity (LEO)

16 UBC Law Innocence Project

D E PA R T M E N T S

2 Message from the Dean

30 Report on Giving

3 Message from the UBC Law

32 Faculty Matters

Alumni Association President 27 The Road Less Travelled

To say Pete Smith wears many hats is an understatement. Lawyer, heavy weight champion pro-wrestler, criminologist, award-winning filmmaker— Smith is proof positive that for some people, one career

36 Student Matters 40 Alma Matters 44 UBC Law Alumni Association 45 Class Notes 47 Closing Arguments 48 Honour Roll

is just not enough.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E

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MESSAGE

from the

Dean

In an era where legal services have become priced beyond the

UBC Law is committed to facilitating student participation in pro

means of a great many citizens, it is worth reflecting on

bono activities and supporting post-graduate public interest career

the classical Latin phrase “pro bono publico.” In this, the seventh

opportunities. The creation of the new Public Interest Coordinator

edition of UBC Law Alumni Magazine, we shine the spotlight

position and the UBC Law Innocence Project are just two examples

on the efforts of our faculty and students, past and present, to

of this commitment in action, as are the relationships forged with

provide access to justice for those who would otherwise find

many of the other pro bono and public interest organizations you

the costs an insurmountable barrier.

will read about in this issue.

As addressed in our lead story, access to justice represents a major

We believe our efforts to support pro bono and public interest work

concern for the legal community, but one that UBC Law—faculty,

will be reinforced when the Faculty’s new home is completed in 2011.

students and alumni alike—has long played an important role in

For example, the Faculty’s clinical programs, LSLAP, and PBSC will

addressing through pro bono initiatives. Every year our students

be situated on the main floor, at the heart of student activity in the

apply their newly acquired legal knowledge to help thousands of

law school. The prominent and publicly accessible location of these

individuals, families and organizations in the Lower Mainland

important public interest organizations within the Faculty highlights

through programs such as the Law Students’ Legal Advice Program

our mutually supportive and integrated relationship.

(LSLAP) and Pro Bono Students of Canada (PBSC). The work of

our graduates is highlighted in articles on unbundling legal services, the Downtown Community Court in Vancouver, and REAL, an initiative connecting law students with established lawyers in rural areas. This issue also profiles three outstanding graduates who are among the many UBC alumni providing countless hours of free legal work every day across the country.

As many of you may be aware, we as a Faculty have begun our two year adventure in swing space. Although we must forgo the “luxury” of the old law school building for two years, any short-term pain is worth the gain of an outstanding teaching, learning and research facility. The move to modern classrooms in West Mall Swing Space and University Centre Lower Level has given students an immediate taste of a modern learning environment. We hope our regular features—a message from the Law Alumni Association President, The Road Less Travelled, Report on Giving, news from faculty, students and our alumni, Class Notes— continue to inform and entertain. We welcome your feedback, comments or ideas. Please contact alumnieditor@law.ubc.ca and let us know what you think we have done right and what we can do better. Warm regards,

MARY ANNE BOBINSKI

Dean, UBC Faculty of Law

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UBC LAW ALUMNI MAGAZINE

| Winter 2010


MESSAGE

from the

UBC Law

Alumni Association President As the famed songwriter might have asked “will we still need

The Board of UBC Law Alumni

(UBC Law) when we’re 64?” The answer is a resounding yes. UBC Law

wish to thank Dean Bobinski for

is more vital than at any time in its history. This publication

all her hard work in getting the

concerns a topic that has been for many years and continues to

new law school building to

be important to students and alumni of UBC Law: access to

become a reality. Before long,

justice and the provision of legal services and education on a free

a future awards dinner will

and voluntary basis to those who need it most.

be held in the new building.

The provision of pro bono legal advice and representation has been a

On behalf of the members of

long-standing tradition at UBC Law. The Law Students’ Legal Advice

the board of UBC Law Alumni

Program (LSLAP) began in the late 1960’s with a summer legal advice

Association, I would like to thank

clinic and today operates throughout the Greater Vancouver Regional

you for all of your support

District, staffed with volunteer law student clinicians and supervising

through the years. I encourage you to get involved. The current

lawyers. UBC students and graduates provide pro bono advice and

members of the board in addition to myself are: Rod Urquhart, Vice-

assistance and education through numerous volunteer organizations,

President; Mark Fancourt-Smith, Treasurer; Warren Smith, Secretary;

many of which are described in the article in this magazine by Jean

Dan Bennett; Dean Mary Anne Bobinski; Peter Brown, Past-President;

Sorensen entitled “Pro Bono Work: Buffering a Crisis in the Courts.”

Garret Chan; Maggie Campbell; Marylee Davies; Jennifer Devins;

The provision of pro bono advice and representation continues to be a strong tradition among recent UBC graduates. The last two recipients of the UBC Law Alumni Young Alumnus/Alumna Award were young lawyers with remarkable achievements in this area. J.P. Boyd, the 2008 Young Alumnus recipient, has developed and presents a website

Prof. Robin Elliot, QC; Michael Feder; Anna Feglerska; Kerry Grieve; Toireasa Jespersen; Craig Jones; Kat Kinch; Derek LaCroix, QC; David Miles; David Neave; Gordon Weatherill; and The Honourable Mr. Justice James Williams. Thank you for your continued support.

called J.P. Boyd’s BC Family Law Resource which provides valuable and user-friendly information on family law related topics to help lay people understand and deal with the issues they face. The 2009 Young Alumnus recipient was Jamie Maclaren who became the executive director of Pro Bono Law of BC after having volunteered as a lawyer

THE HONOURABLE JON SIGURDSON

with the Salvation Army and Access Justice, and after serving

President, UBC Law Alumni Association

as a supervising lawyer for the Law Student’s Legal Advice Program. On January 21, 2010, the UBC Law Alumni Association will be co-sponsoring a dinner to recognize the accomplishments of the Honourable Donald Brenner, QC, Class of 1970. Proceeds of the

On November 25, 2009 the Law Alumni Association held its

dinner to recognize the Chief Justice’s achievements will benefit

Annual General Meeting, during which Peter W. Brown retired

Pro Bono Law of BC, Access Justice and the Justice Education Society.

after 14 years of dedicated service. At the meeting immediately

At the time of going to press, we have just held our Fifth Annual Fall Distinguished Speakers Lunch at which the Honourable Mr. Justice Thomas Cromwell of the Supreme Court of Canada spoke on “Lessons You Don’t Have to Learn the Hard Way.” Justice Cromwell’s good humour and tips on successful advocacy were well received by an

following the AGM, the new board unanimously elected the following executive for 2010: President, Rod Urquhart; VicePresident, Mr. Justice James Williams; Treasurer, Michael Feder; Secretary, Warren Smith. Mr. Justice Jon Sigurdson remains on the board as Past President.

engaged audience of over 270 alumni and friends.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E

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Pro Bono Work

by Jean Sorensen

BUFFERING A CRISIS IN THE COURTS

Justice is considered a cornerstone of social democracy and a basic right. And yet this basic right has proven elusive to many. Faced with an increasingly expensive and complex legal system, scores of low- and middle-income British Columbians can’t access justice. Exacerbated by cuts to legal aid, this system failure comes at a time when the need is greatest.

The issue of access to justice is one of great

The social costs of inadequate legal aid

concern to the legal community and for UBC

aren’t confined to individuals or their families.

Law. Indeed, the faculty, students and alumni

They have repercussions for policing

of UBC Law have long played an important

and jails, the healthcare system and social

role in addressing the problem, through a rich

services infrastructure.

tradition of providing pro bono legal services to those in need. “The magnitude of the crisis is huge,” says Pro Bono Law of BC (PBLBC), an organization

touch other aspects of our lives.”

advice and representation. “I do not believe that our governments or the legal profession are aware of how many people today are losing faith in the judicial system.”

| Winter 2010

of control,” says Maclaren. “The costs are just deferred, and worse, compounded, as they

to lawyers willing to provide pro bono legal

UBC LAW ALUMNI MAGAZINE

societal issues and can quickly spiral out

Jamie Maclaren (‘03), executive director of that matches agency-referred individuals

4

“Legal problems are rarely insulated from other

Maclaren says that lawyers have a responsibility to assist individuals who need legal services but don’t have the means to pay for them. He is encouraged by the estimated 1,000 BC lawyers involved in some form of organized pro bono


work, calling it “a phenomenal testament to

Supervising Lawyer Brian Higgins (’79) belongs

the benevolence of the Bar.”

to a distinguished group of lawyers and

Law Society of BC (LSBC) President Gordon Turriff QC (‘74) agrees. “Every day, hundreds of hours of free legal work are performed in BC,” he says.

UBC Law graduates who have guided LSLAP

students within the program [others include Mike Harcourt (‘68), John Stanton, and Jim Pozer (‘79)]. His role, which is funded by the Law Foundation of British Columbia

According to Turriff, the Law Society supports

and the Community Legal Assistance Society,

lawyers doing pro bono work because

involves providing support and advice to

it exemplifies a professional responsibility of

students, approving all letters and documents,

caring for the public. Each year, LSBC gives

as well as finding additional resources for

one per cent of the fees it collects from BC

the students when required.

lawyers to the Law Foundation of BC, on the condition that the funds are channelled into pro bono programs.

LSLAP provides a microcosm of a lawyer’s

experience in dealing with the general public and teaches students what it means to

As need has grown in BC for pro bono services,

deliver legal support to low-income clients

there has been a groundswell of response within

who may also face other challenges, such

legal organizations and educational institutions

as language problems, limited education or

like the University of British Columbia.

physical disabilities. The practical experience

Active engagement in pro bono work begins in the classroom, by stressing both the need

gained through LSLAP complements students’ classroom knowledge.

and its place within a lawyer’s professional

Third-year law student Ryan Irving knows

responsibilities. Dean of Law, Mary Anne

this first hand. Unlike many students, Irving

Bobinski, says it is a message that is clearly

didn’t join LSLAP during his first year at

delivered to students at the law school.

law school. But listening to stories about his

“There is a tremendous need for pro bono work

peers’ experiences with the program made

in the community,” says Bobinski. “UBC Law has a critical role to play in encouraging students to consider their future responsibility to help those in need.” The Faculty has responded to the challenge by providing a range of opportunities for students to get involved in pro bono work, and by supporting students who are interested in pursuing public interest work after graduation. The Law Students Legal Advice Program (LSLAP) is one such program. In 1967 — against the backdrop of the civil rights movement — UBC Law students established a summer legal advice clinic under the auspices of Vancouver Inner-City Services. Over time, the program expanded to include a number of weekly clinics during the academic year. Today, LSLAP is the

JAMIE MACLAREN (‘03)

BRIAN HIGGINS (’79)

second-largest provider of free legal services in the province. Approximately 200 volunteer students and 22 paid student interns operate 20 legal clinics across Metro Vancouver, assisted by 60 volunteer lawyers. Participants see more than 4,000 clients each year. Winter 2010 | U B C L A W A L U M N I M A G A Z I N E

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him realize he was missing out on a priceless

The range of activities varies widely. “It might

learning opportunity and chance to

be directly related to a tenancy advocacy group

supplement his academic work. “From a

or it could be a completely different mandate,

student’s perspective, the nice thing about

such as helping to draft a privacy statement for

LSLAP is that it offers a chance to dabble in a

an organization’s donors,” says Benn. Other

number of different areas in law. As a result

projects could involve organizing legal aid

I feel like I have a better idea of which

clinics, researching legal and policy issues, or

areas of the law interest me and would be

developing brochures on topics such as the

worth pursuing,” says Irving.

rights of the elderly. Students’ work is reviewed

Irving especially values the experience he gained through helping LSLAP’s diverse clientele navigate the legal system, which, he says, can

Benn estimates that approximately 2,000

be confusing for many. “A senior lawyer once

students volunteer with local community groups

told me that managing clients’ expectations

through PBSC chapters across the country. To

effectively is critical to building a successful

date, UBC Law students have supported the

practice,” he says. “The program has shown me

work of the BC Civil Liberties Association, the

the value of taking the time to explain

BC Public Advocacy Centre, Justice for Girls,

the process to them and preparing them for

West Coast Domestic Workers, the Red Cross,

expected outcomes.”

West Coast LEAF and the BC Human Rights

While LSLAP has drawn UBC Law students into

UBC’s student-oriented programs are part of

organization — Pro Bono Students Canada

a broader network that provides legal advice to

(PBSC ) — connects students with public interest

individuals and non-profit organizations across

and community groups. First established at the

British Columbia. The network also includes

University of Toronto in 1996, PBSC is now

organizations such as Western Canada Society

in every law school in Canada and is the world’s

to Access Justice (Access Justice), the Salvation

only national pro bono student organization.

Army BC Pro Bono program and the University

The program receives national funding from

of Victoria Law Centre. One trait common

McCarthy Tétrault LLP; the local chapter

to these programs is that the majority of their

also benefits from donations through The Law

services are provided outside of the courtroom.

Foundation of British Columbia.

But as the legal system has increased in

PBSC stands out from other pro bono groups

because the clients are associations, rather than individuals. Benn, along with fellow student

support inside the courtroom. That’s where Pro Bono Law of BC (PBLBC) comes in. The seeds for what would eventually become PBLBC were first sown in 1996, when a task

day-to-day affairs of PBSC’s on-campus office.

force led by the Canadian Bar Association (CBA)

associations that advocate for social justice, individual and human rights, as well as community groups formed to sustain cultural, recreational or social activities. Benn and Tratnik work with a roster of volunteer lawyers who supervise the students. Occasionally, the student might work with an association’s lawyer.

| Winter 2010

complexity, so, too, has the need for pro bono

coordinator Alexandra Tratnik, handles the

Students have the opportunity to work with

UBC LAW ALUMNI MAGAZINE

Coalition, to name a few.

Lower Mainland clinics, another campus-based

According to student coordinator Michael Benn,

6

by the organization’s lawyer or PBSC supervising lawyer.

identified the importance of pro bono work in increasing access to justice. Two years later, CBA (BC branch) and the Law Society of BC formed a joint committee to establish a

framework for delivering pro bono legal services within the province. With a three-year grant from the Law Foundation of BC, PBLBC opened for business in April 2002.


Part of PBLBC’s mandate is to raise awareness

“By the time individuals have advanced to the

of the broad range of pro bono programs

appeal stage, they have long since run out of

available within BC. It accomplishes this in part

money to retain lawyers,” says Maclaren. “The

through its website, www.probononet.bc.ca,

judiciary has called upon us to assist in

and through promotional activities such

unclogging the court system, especially in the

as Pro Bono Going Public, a series of open-air

Court of Appeal. We are trying to streamline

legal clinics that took place in Vancouver,

and expedite the judicial process on a daily,

Kelowna and Victoria in September 2009. PBLBC

practical basis.”

also administers a solicitors’ program that delivers legal assistance and educational seminars to non-profit organizations.

More lawyers are always welcomed into the roster programs, says Maclaren. Northern and remote areas also need more lawyers

One of PBLBC’s most important roles, however,

willing to provide pro bono advice and

is filling the need for individuals requiring in-

representation to local citizens.

court representation. The problem is especially acute in family and civil law matters, where the scope of legal aid has been dramatically reduced after funding was slashed by 40 per cent in 2002.

The cases are channelled through the front-line agencies — such as Access Justice — that meet with individuals in the community. A short summary of the case then goes out to hundreds of lawyers, who can volunteer their services

The end result? Thousands of British

based on their availability and expertise. Angus

Columbians are resigning themselves to self-

Gunn, an adjunct professor at the UBC Faculty

representation — or abandoning their cases

of Law and partner at Borden, Ladner, Gervais,

altogether. The number of self-represented

helped to develop PBLBC’s roster program.

litigants is increasing at an alarming rate and is especially noticeable at the appellate level. Maclaren notes that an astonishing 20 per cent of cases now going before the BC Court of Appeal are self-litigated. “People are not getting the help that they need.”

While the majority of pro bono work involves individual litigants, some pro bono cases — by questioning how laws are applied—have broader implications for society. For example, Gunn served as pro bono counsel in Harrison v. British Columbia (Information and Privacy

To this end, the organization has created a

Commissioner) 2009 BCCA 203, which

number of roster programs that match

challenged the right of a government ministry

individuals with volunteer lawyers possessing

to release information about an employee

the relevant expertise. Current programs

to another government agency, information that

cover provincial and federal appeals, judicial

eventually cost the individual his job. The

reviews and family law — areas in which

issue was first taken to the BC Privacy

the demonstrated need is greatest.

Commissioner, who found that the ministry

Civil pro bono duty counsel is available at the

had acted correctly. However, a judicial review

downtown Vancouver courthouse two days a week to deal with the BC Court of Appeal and the BC Supreme Court. A similar duty counsel system has recently been set up at Nanaimo’s main courthouse, but only for civil matters relating to the BC Supreme Court. It’s a solution that benefits the legal system as much as the individuals themselves. Self-represented litigants often prolong court

“The judiciary has called upon us to assist in unclogging the court system, especially in the Court of Appeal,” says Maclaren. “We are trying to streamline and expedite the judicial process on a daily, practical basis.”

appearances or cause delays while judges and opposing counsel attempt to conduct a fair hearing.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E

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efficiencies within the system for those needing pro bono services. More cost-effective and efficient delivery of services will allow the combined organization to reach more individuals and expand into new areas of specialization, such as bankruptcies. As with any organization attempting to reach more individuals and increase services, there will be greater challenges for the volunteer students and lawyers. But while new problems and greater complexities will intensify the demands on front line legal counsel, they will also create opportunities for young lawyers and law students to better hone their legal skills, work with seasoned lawyers able to SHANNON SALTER (‘05)

BRUCE FRASER, QC (’62)

mentor them through tough cases, or garner experience in court work. UBC Law graduate Shannon Salter (‘05) is one

of many lawyers who have come forward in the BC Supreme Court favoured the employee.

to volunteer their time. “It has been a reciprocal

The Commissioner and Attorney General

experience,” says Salter, a litigation associate

appealed the decision and the BC Court of

at Farris, who was introduced to pro bono

Appeal allowed the appeal. Gunn expects the

through LSLAP.

decision to go to the Supreme Court of Canada.

She recalls one of her first successful pro bono

Gunn points to another rare case — Gogol v.

cases. An elderly woman on a fixed income

Workers’ Compensation Appeal Tribunal 2008

had saved diligently to buy a new mattress,

BCSC 489 — a judicial review led by pro bono

but it sagged after a few months. The company

lawyer Gib Van Ert on behalf of an employee

refused to refund her money.

denied temporary disability benefits after being injured at work the day before he was due to be laid off. The courts found that the Tribunal erred by placing the burden of proof on the employee to prove he would have sought alternate employment if he hadn’t been injured. Had a pro bono lawyer not stepped up to challenge the Tribunal’s finding, says

For Salter, who won the case in small claims court, it was more than a straightforward consumer dispute; it was a quality-of-life issue for her client, who had health problems and faced discomfort every night. The client paid with all she had to give — her heartfelt gratitude. “She was so grateful, she gave me a hug.”

Gunn, “I have no doubt nothing would have

The experience hooked Salter on pro bono

been done.”

work. After graduation, a clerkship with the

In 2010, Access Justice will merge with PBLBC. “This is a big step in providing more effective pro bono services,” says Bruce Fraser, QC (‘62), who currently chairs Access Justice. According

BC Court of Appeal further exposed her

to the barriers to justice faced by those who couldn’t afford legal counsel. She has since dedicated part of her practice to pro bono.

to Fraser, there has always been a need for

Salter knows first-hand how pro bono work

further legal support as cases go beyond the

opens doors for young lawyers. The reality, she

clinic phase into longer-term representation

says, is that most junior lawyers do not get

or into court. The merger will create greater

an opportunity to represent clients in court. As an associate at Farris, which intakes files through the PBLBC roster program and the Salvation Army BC Pro Bono Clinic, Salter

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UBC LAW ALUMNI MAGAZINE

| Winter 2010


has handled cases that have taken her to

of Farris and serves as a supervisor for LSLAP’s

provincial court, the BC Supreme Court and

Chinatown clinic. She has also participated in

the BC Court of Appeal.

PBLBC’s duty counsel project.

“Not a lot of first-year associates get the

“There is an overwhelming need for this

opportunity to appear in the BC Supreme Court

kind of service,” she says. Salter also runs a

for a bail review in a criminal case,” she

blog called Rights & Remedies aimed at

says. “I am a lot more confident in court today

helping those who can’t afford legal advice

because of my pro bono work.”

(http://rightsandremedies.blogspot.com/).

Farris allows lawyers who perform pro bono

“The rewards for pro bono work can’t always

work to count those hours towards their annual

be tallied in a financial ledger at the end of the

billable hour tally. “Quite a few of the law

day,” she says. “But they are tangible and real.”

firms are doing this,” Salter says, acknowledging that some firms place a cap on the hours allowed. But the practice also ensures that lawyers doing pro bono are recognized for their efforts, rather than penalized.

N O T E : Pro Bono Students Canada enables

law students to work side-by-side with lawyers involved with organizations. Lawyers willing to work with a student can contact ubc@probonostudents.ca, visit the web site

Salter spends approximately 15 hours a month

www.probonostudents.ca or call the office

on pro bono files both inside and outside

at 604-822-8009.

British Columbia Law Institute (BCLI)

by Joe Wiebe

According to Executive Director

In terms of international law,

The BCLI may spearhead a

mentoring program, senior

Jim Emmerton, the BC Law

the BCLI recently completed

specific project itself and then

research projects that involve

Institute’s “core function is to

a project on unincorporated

bring it to the appropriate

professors, and student research

improve and amend and reform

associations that span

ministry’s attention, or the

assistants. Staff lawyer Kevin

the law.” Founded in 1997

international borders, which

government might ask

Zakreski (‘01) is also a UBC Law

as a successor body to the Law

might include “everything

the BCLI to look at an issue.

School graduate.

Reform Commission of British

from a book club, something

But Emmerton emphasizes

Columbia, the Institute focuses

that simple, up to an

that “we are independent

its efforts on three areas:

organization like the NHL.”

of government and we’re

general law, international law, and elder law.

The BCLI began studying issues

non-partisan.”

On October 28, the BCLI held its second annual Great Debate at the Law Courts Inn, which pitted a team from UBC Law

of elder law in 1999, and then

Funding comes from the

against one from UVic. This

founded the Canadian Centre for

provincial government, the Law

fundraising dinner was hosted

law include a project on

Elder Law (CCEL) within its

Foundation of British Columbia,

by CBC Radio’s Rick Cluff.

commercial tenancy, a study on

own organization in July 2003.

and, on a project basis,

The topic of debate was “Be it

five discrete topics within

Recent CCEL activities include

organizations such as the Notary

resolved that the hourly

real property law, and a just-

a project on powers of attorney

Foundation and the Real Estate

rate for lawyers is comparable

completed review of the Society

shared between the four

Foundation, as well as donations

to the asteroid for the

Act, which Emmerton says,

western provinces, ongoing work

from individuals.

dinosaur.” Team UBC emerged

“hasn’t been amended for about

on elder abuse issues, and

30 years and is somewhat

a Family Caregiving Project.

Ongoing undertakings in general

out of step with the for-profit Corporations Act.”

Housed in the UBC law school, the BCLI maintains strong ties with UBC Law including a formal

the winner of this year’s debate. Visit www.bcli.org for more information.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E

9


by Joe Wiebe

THE HONOURABLE

Hugh Campbell Stansfield

, LLB (’79)

OCTOBER 1, 1952 TO MAY 7, 2009

On May 7, 2009 British Columbia’s Provincial Court Chief Judge, Hugh Stansfield (‘79), died from multiple myeloma, a cancer of the white blood cells. An intelligent, dynamic and open-minded judge, he was involved in or directly responsible for many of the significant reforms in BC’s provincial court over the past 15 years. He was 56 years old.

Hugh Stansfield left an indelible mark on almost everyone he met. His colleagues who

“He viewed service to others as a calling,” said Judge Carol Baird Ellan (‘79), who preceded

spoke at the Special Sitting held in his

him as Chief Judge (from 2000-2005). In

honour on June 4 in the Great Hall of the Law

her heartfelt speech at the Special Sitting, she

Courts repeated the same words over and

expressed that “his love of the law was not

over again — amazing, extraordinary, gifted,

a mere intellectual pursuit; he believed deeply

visionary, dedicated, eloquent, energetic,

that it was the best way he could live his

and innovative.

vision of service.”

As Chief Judge from July 1, 2005 until his

It might be surprising to hear, then, that

death, Stansfield devoted himself to the cause

Stansfield got into law “by accident,” as he put

of access to justice.

it in an interview published in BC Business in March 2006. He graduated as the top student

“He understood that our system of justice is regarded by most people as being the best and the fairest and the most transparent in the world. But he also recognized that our system has its shortcomings. He recognized that our system needed to be reformed. And to that extent he was at the forefront. He was a reformer, someone who was passionate about the system, that cared about the system.”

Wally Oppal

(’66)

F O R M E R B C AT TO R N E Y- G E N E R A L

at Magee Secondary in Kerrisdale but put off post-secondary studies for a year, choosing instead to work as a labourer with the UBC Physical Plant. After six months of mucking out sewers, he took a job as a deckhand on a United Church Mission boat that sailed to Alaska and back. Judge Ken Ball (’76), who became friends with Stansfield when they were teenagers, says Stansfield thought “his place on Earth was to

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| Winter 2010


be of service to others.” This first manifested itself through his faith, Ball says, “At one point, anyway, I know he actively considered the Ministry.” Stansfield remained active in the United Church throughout his life. As an undergraduate, Stansfield studied English Literature and Theatre at UBC, where “he managed to complete the first three years in

“Hugh had that rare gift of precisely articulating the heart of an issue while the rest of us were still trying to figure out how to say something similar. And when we heard him, we’d go, Gee, that’s what I wanted to say. Why can’t I talk like that? And the truth of the matter was, we couldn’t talk as well as Hugh did, and that was okay. His comments were always insightful, they were dead on the issue, and they were delivered with gentle but direct force.”

Ray Wyant

only six years,” as Judge Robert Metzger (’73)

CHIEF JUDGE OF MANITOBA

wrote in a tongue-in-cheek profile that appeared in The Advocate when Stansfield

Eventually, Stansfield left Gove to join Lawson

was appointed Chief Judge.

Lundell Lawson and McIntosh (now Lawson

He pursued acting as a career for a time, sidelining as a waiter at the Keg. After marrying his high school sweetheart, Jo-Ann Giles in 1975, he decided to give law school a try, which, according to Metzger, was “a good way to avoid making any final career choice.” Stansfield clearly found his calling at law school. “Hugh immediately established himself as one of the most dynamic and charismatic members of our class,” Judge Baird Ellan remembered. “We nicknamed him Huge within weeks. By Christmas we had designated him most likely to become Prime Minister. He rose in our ranks to become a member of the renowned Newfie Bullet Trike Race team, and President of the Law Students’ Association in third year.”

Lundell), focusing on commercial litigation, along with some family and criminal work. He became a partner there in 1987, but felt the call of the bench strongly, and became a provincial judge on May 6, 1993. “There were a lot of people who wanted to see him appointed because he had earned, even in his relatively short legal career, a reputation as being bright, energetic and innovative,” remembers now-retired Judge Ross Tweedale (’72). Stansfield was already an accomplished mediator when he became a judge and he soon began training other judges in mediation skills. According to Judge Baird Ellan, “Hugh was truly gifted at dispute resolution. He had a sympathetic manner that somehow allowed each person to fully express their point of view while maintaining their dignity. He had

Stansfield articled at the Provincial Crown

even the most hardened of litigants shaking

Counsel Office, and then, six months after his

hands or maybe even hugging by the end of

call to the bar in 1980, joined the Provincial

their half-hour timeslot.”

Crown as a junior prosecutor at the Main Street Courthouse. Judge Tom Gove (’73) who was managing his own firm (then Gove Sr., now McLaughlin Brown Anderson) and needed a new courtroom lawyer. Someone recommended Stansfield. “I went down to Main Street and checked him out and offered him the job,” Gove says. “He was an awesome worker. He worked almost ridiculous hours. Very passionate about the child welfare cases, very passionate about the criminal cases. Always very concerned about people.”

In 1994, Stansfield transferred to Kelowna as Administrative Judge. He became an Associate Chief Judge under then Chief Judge Robert Metzger in 1998, working side-by-side with Judge Dennis Schmidt (then Associate Chief Judge) on the Criminal Caseflow Management rules, which were enacted in 1999. Stansfield became a member of the Judicial Council in 2001, continuing to focus on a reform-minded agenda. Following his diagnosis with multiple myeloma in 2003, he underwent chemotherapy and stem-cell transplant treatments. Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 11


Stansfield’s illness did not slow him down. If

Stansfield still found time for his family and

anything, it seemed to drive him to do more.

remained active in his church. He even

In 2004, he was a member of the province’s

managed to embark on a remarkable adventure

Street Crime Working Group, and then in 2005

when he and three buddies rode motorcycles

he was appointed Chief Judge.

across Canada to Newfoundland and back in

He was famously available to the media

the summer of 2008.

throughout his tenure, regularly appearing on

He also volunteered for a cause in which he

television or the radio, and meeting with

believed strongly: the Hear the Child initiative

newspaper editorial boards. One of the first

of the Victoria-based International Institute

things he did was travel all around the province

for Child Rights and Development (IICRD).

to meet with local media. He often made himself available to the public in Meet the Judge forums.

“I don’t think people have heard very much about his dedication and passion to see that children were better supported in the

As Chief Judge, Stansfield was able to see

court process,” Suzanne Williams, IICRD’s

one of his most important initiatives, the

Deputy and Legal Director.

Downtown Community Court, come to fruition (see page 13 for more on the DCC). He was also invited to travel to China to observe its legal system and make recommendations, and reciprocated by hosting Chinese delegates in Vancouver in return. Dennis Schmidt (’74) remembers how strenuous the trip to China was. “I was exhausted and I hadn’t done much,” he recalls. “Hugh carried

Stansfield advised the IICRD from the bench’s perspective and helped by writing letters or other documents. “He was committed in every sense of the word,” Williams emphasizes. “There was never a time that I called upon him that he wasn’t there to be supportive. His presence is incredibly missed.”

all the freight, and I knew how sick he was.

The consensus is that Hugh Stansfield was a

I came home and said to my wife, ‘I’ve never

truly rare individual — the sort of person

seen anybody stronger in my life.’”

you meet only a few times in your life. He was

Many who worked with Hugh Stansfield during this time were astounded by his energy and commitment, even though his illness had returned. He was known for sending emails in the wee hours of the morning and maintaining a workload that healthy people would find overwhelming.

a deeply principled reformer with nearboundless energy who was rarely discouraged and always had time for friends and colleagues. As a judge, he gave each person his full attention and treated everyone the same. And he was a brilliant communicator who articulated any subject, no matter how complicated, without impatience or arrogance. And, on top of it all, he was a tremendous

“He really did appreciate the majesty of the court, but the majesty of the court was not allowed, in his world, to interfere with the fact that he really wanted to be sitting on the same level as the litigant, looking them in the eye and being able to talk to them face to face. He was as good talking to taxi drivers as he was to talking to the powerful.”

Trevor Armstrong, QC (’77)

singer. “He had a wonderful singing voice and just loved to use it,” Judge Ball says. “Even at his office a month before he died, he’d be walking down the hall singing. He just loved to sing.” Although Hugh Stansfield’s voice is now silent, his legacy will echo loudly and clearly long into the future.

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| Winter 2010


Downtown Community Court —

by Joe Wiebe

One Year In Judge Tom Gove (’73)

Vancouver’s Downtown Community Court (DCC) opened in September 2008 amid much fanfare and media attention. After dignitaries such as Premier Gordon Campbell and then-Attorney General Wally Oppal made their speeches and smiled for the cameras, the new court got down to business — and it has been busy ever since.

Although DCC officials estimated 1500 cases would be seen in

The DCC is not an opt-in court; it deals with all the summary

the court’s first year, by summer it was obvious that number would

conviction sentences and all sentences that are within the absolute

be much higher.

jurisdiction of the provincial court—about 70 percent of all offences

“It looks like it will be more like 2200,” the Court’s presiding Judge Tom Gove (’73) predicts during a lunch break following a busy morning

perpetrated in downtown Vancouver. But the DCC does not handle full trials—those who plead not guilty are tried in regular criminal court.

session. Lunch for everyone at the courthouse—about 35 staff—

The purpose of the DCC is to break the cyclical pattern of criminal

had already been delayed nearly half an hour to ensure that none of

behaviour. Instead of just reacting to a crime, the court considers the

the accused scheduled to appear that morning would have to wait.

underlying circumstances of the offender’s life, and where possible,

“We see between 40 and 50 people a day,” Judge Gove elaborates. “It’s pretty fast-paced.” Indeed, in the hour or so before lunch a dozen accused appeared before Judge Gove—including one through a video link. A few were sentenced while other cases were adjourned for a week or two.

offer assistance from established social welfare and health agencies. It is a new approach, introduced to Canada by former Chief Judge Hugh Stansfield (’79) after a visit to a community court in Manhattan in the late 1990s. He returned to Vancouver convinced it was what the city needed. His enthusiasm was contagious and Gove caught the bug from him.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 13


“We are changing the lives of quite a few people one at a time. Some of them are more difficult to change than others. Some of them have been in a lifestyle that is very difficult to break out of... But if people want to be helped, we’ve got the staff here that can help them.” J U D G E T O M G O V E ( ’ 7 3 )

The two judges knew each other from the early 1980s when they

Those factors are taken into consideration by Crown counsel and

worked as criminal lawyers; Gove actually hired Stansfield to work

defense lawyers, who are on staff full-time at the DCC, as well as by

for his firm, Gove Senior. Both eventually became judges. Gove

the judge when it comes to sentencing. Gove is the court’s only

headed the Gove Inquiry into Child Protection, which resulted in

full-time judge, with Judge David Pendleton (’75) filling in on a part-

major reforms to the province’s child welfare system.

time basis when needed. This consistency allows the judge and

Gove took the idea of a community court to the Street Crime Working Group, which the province set up as part of its Justice Review

counsel on both sides to become familiar with chronic offenders so they work together to find a way break the cycle of criminal activity.

Task Force in 2004. The group’s 2005 report Beyond the revolving

Sentencing often includes community service and probation as well

door—a new response to chronic offenders included a recommendation

as area restrictions or curfews. More complex cases might involve

for the DCC.

addiction and/or mental health treatment programs.

By then, Stansfield was BC’s Chief Judge, and he enlisted Judge Gove’s assistance to implement the recommendations. They studied other community court models from jurisdictions around the world, including England, Ireland and Australia, and fashioned their own version that would suit Vancouver’s unique circumstances. The BC government endorsed the recommendation and provided funding for planning and operating the new court. It is the first of its kind in Canada.

“We don’t have any special sentence,” says Judge Gove. “What we do have is a case management team. We actually have two of them.” Offenders who need help to stay on track can benefit from the additional support that the case management team might provide, such as picking them up when they are released from jail to ensure they make it to a halfway house or addiction program. As part of the case management process, more than 100 homeless offenders have been placed in shelter beds and supported housing,

“We’re trying to get people to deal with their criminal charges,” Judge Gove explains. “If they’re going to plead guilty, do it on the first or second appearance. Let’s deal with it. We can’t start providing them with assistance if they’re continually just adjourning their cases.”

while others have attended health information sessions or applied for income assistance. Some critics worried the DCC would cause a run on shelter beds or that police might use the court’s comprehensive mandate as an

As a result, the DCC has what Judge Gove described as a triage team

excuse to round up homeless people. To date, none of these

on-site: “We have about 35 professional staff in the building from

problems has occurred.

12 different ministries and agencies supporting the one courtroom.”

It includes probation officers, sheriffs, employment assistance workers, nurses, a victim services worker, and representatives from Vancouver Coastal Health, BC Housing and the Ministry of Housing and Social Development, as well as a Native court worker and even a Vancouver Police Sergeant. All are housed under one roof. When accused persons arrive at the DCC, they are asked if they

It is still too early to gauge if the DCC is earning dividends on the government’s investment. Looking at the bigger picture, however, it seems clear that this new model will likely pay off for society as a whole. So, one year in, how is the DCC faring? “I think we are being successful,” Judge Gove asserts. “We are

will consent to be interviewed by appropriate members of the triage

changing the lives of quite a few people one at a time. Some of them

team. Depending on what the interviewers learn, further alternative

are more difficult to change than others. Some of them have been

measures may be recommended if addiction or mental health

in a lifestyle that is very difficult to break out of. A lot of people are

problems are evident.

quite damaged from their childhood through their drug use to their

“We do a screening early in the morning,” explains Judge Gove. “When people come into court, the prosecutor and the defence lawyer know an awful lot more about many of their clients than they would at any other court.”

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untreated mental illnesses. But if people want to be helped, we’ve got the staff here that can help them.”


First Nations

The new FNLC office on Alexander Street in Vancouver

by Joe Wiebe

LEGAL CLINIC Answering the need for access to justice in the Aboriginal community, the UBC Law First Nations Legal Clinic (FNLC) serves a broad range of clients that includes primarily individuals, but also Band Councils, Aboriginal societies, organizations and groups. It also serves as a training ground for future lawyers, providing opportunities for law students to work with real clients, by offering legal advice and even serving as counsel in court. The clinic’s mandate is to serve the Aboriginal population, and any member of that community who does not qualify for legal aid. Founded in 1996, the clinic is based in the heart of Vancouver’s Downtown East Side. It is directed by UBC Law graduate Sarah Rauch (’01) and receives financial support from the Law Foundation of British Columbia. According to Rauch, who worked there as a student in the spring of 2000, the clinic provides students with “a combination of practice and academic work.” Students have one lecture per week at UBC and work three days a week at the clinic itself. In addition, students write a paper at the end of the term. “The idea is that the term paper will draw upon the readings we do each week and independent research, and will in some way contribute to the work that we do at the clinic,” says Rauch. The clinic operates with a lean staff complement — just Rauch and the equivalent of 1.6 legal assistants funded

by UBC. The workload is carried by six second- or thirdyear students each term. In the summer, the clinic operates by hiring two or three students on full-time. Students receive temporary articles through the Law Society of British Columbia with Rauch acting as their principal, enabling them to represent their clients in court if needed. While this does not count towards their articling for becoming practitioners, it is invaluable experience. “It gives them exposure to the legal community,” Rauch elaborates. “A lot of our students go on to article with people that they meet during their terms at the clinic.” Rauch’s main role is to supervise the students. “The students are in charge of the file, from beginning to end,” she explains, “they do everything, from interviewing clients to determining what the legal issues are, to figuring out what their options are, giving them opinions, to going through to court appearances and making submissions for tribunals.” Since they only work for one term, files are transferred from student to student as the term changes. “Our clients are really familiar with that and some of them joke that, ‘Oh, yeah, I’m on my fourth or fifth student and I’m training them all right,’” says Rauch. “So, our students do learn a lot from the clients.” “What’s really rewarding for a student is that they usually get an opportunity during their term to do a full-blown trial

This spring the UBC First Nations Legal Clinic moved to a new office on Alexander Street in downtown Vancouver. The Clinic would like to acknowledge the Native Courtworkers and Counsellors (NCC) and express gratitude for the hospitality and welcoming environment the NCC provided for the many years they shared office space. The Clinic would also like to acknowledge the Law Foundation of British Columbia, UBC Faculty of Law and UBC Properties Trust for the support, assistance, and preparation regarding their move. They are also grateful for the wonderful work the articled law students do at the Clinic and extend thanks to the students for all their hard work and success. The Clinic looks forward to providing many more opportunities of clinical experience for law students and to providing much needed legal service to First Nations.

in court, at least one trial,” Rauch explains. “They have to prepare cross examination questions, and determine what the defence is and actually go to court and run the trial.” The clinic is not intended only for Aboriginal students, but usually about half of the students on staff identify as Aboriginal. Karen Osachoff, a spring 2009 graduate, identifies herself as a Cree from Saskatchewan. She took the clinic in her final term in January and then was hired on for the summer. “It’s an honour to work here and to work for Aboriginal people,” says Osachoff. “The reason I went to law school was so that I could advocate for people who often can’t speak for themselves.” It turns out that the clinic itself is actually one of the reasons why Osachoff chose law school in the first place.

“I was a Native court worker at the courthouse on Main Street, so I had experience with the clinic,” she explains. “Actually, Renee Taylor, who was the previous supervising lawyer here, pretty much told me I had to apply.” The experience has been everything she hoped it would be. “I’m an advocate,” Osachoff enthuses. “I’m an intermediary. I explain the law to Aboriginal people, but then I also explain the Aboriginal experience to the people in the system. And it’s so exciting, walking into the courtroom.” For students who might consider taking the First Nations Legal Clinic during their time at UBC, Osachoff offers a glowing recommendation, citing the many rewards the clinic offers particularly for Aboriginal students. “It makes me feel like I’m making a difference.”

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 15


by Joe Wiebe

UBC LAW

Innocence Project

Click on the “Canada’s Wrongly Convicted” tab on the UBC Law Innocence Project’s website and you’ll find two columns of names, 25 in total. Some are well-known : Guy Paul Morin, Thomas Sophonow, Stephen Truscott, and David Milgaard, for whom the Tragically Hip penned the 1992 tune, “Wheat Kings.”

Goals of the UBC Law Innocence Project: •investigate claims of wrongful conviction •identify potential miscarriages of justice •assist in securing the release of individuals who have been wrongly convicted •educate law students about the causes of wrongful conviction •educate law students about the proper roles of professionals in the criminal justice system •provide skills training for law students conducting post-conviction review work

Other than those famous cases, the names are notable mainly for their anonymity. And maybe that’s the point. The list asks us each to consider how those individuals have suffered, how their lives have been shattered by justice gone wrong. Even more distressing is the certain knowledge that this list of 25 names does not represent all who have been wrongfully convicted. It is believed that there are dozens more behind prison bars in Canada, serving time for crimes they did not commit. They proclaim their innocence to anyone who will listen, but after exhausting their appeals, often there is no one to hear their claims. That is where the UBC Law Innocence Project comes in. Founded in 2007 as a three-year pilot project, it provides post-conviction review in response to claims of wrongful conviction. It operates by connecting UBC Law students, working for course credit, with professional lawyers who volunteer their time. Due to the Faculty’s current space restraints, the Project is based out of a cramped office with just enough room for two small desks and a filing cabinet. Bookshelves line the walls and stacks of boxed files clog the remaining space. “You should see it in here when we have meetings,” jokes Tamara Levy, the part-time project director. The Innocence Project revolves around the school year. Each spring, Levy interviews interested students and enrolls about a dozen in the course. In the fall, each student is assigned to one or two cases that the project is investigating, working with Levy and external counsel. From then on, the class meets weekly. “I see it more as a group meeting,” Levy says. “It’s not a lecture. It’s a chance for them to speak to me, for me to hear updates as to where they are.” Levy also brings in guest speakers, including a forensic odontologist (bite mark expert), forensic pathologist, private investigator, DNA experts, and working lawyers who discuss everything from ethics to maintaining a work-life balance. Levy believes it is an opportunity for students to gain skills that will serve them not just in post-conviction review work, “but also in areas that will be helpful to them as lawyers going into the system.” Depending on the needs of the investigation, a student may visit a prison to interview the claimant, wade through boxes of papers looking for the proverbial needle in the haystack, or draft letters to various authorities seeking information that is missing from the case files. It is a long and slow process that requires patience and attention to detail. Once the Project identifies a case that merits consideration by the Federal Minister of Justice, they seek assistance from outside counsel to prepare the application (under section 696.1 of the Criminal Code).

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From

“Lessons from the Sophonow Inquiry” by Peter Wilson, QC (’82) of Wilson & Buck, Vancouver, BC for the Trial Lawyers Association of British Columbia.

“The lesson I took from the inquiry was somewhat more personal; it concerns the appearance of things. We must remember that wrongful convictions are seldom the product of deliberately false accusations or deliberately malicious investigation. As a rule, the authorities do not knowingly prosecute the innocent, they prosecute people they believe to be guilty. Sophonow’s case was no exception since on any reasonable view the evidence marshalled against him produced a fairly compelling case. He fit the description of the assailant, he owned a cowboy hat similar to the killer’s, he resembled very closely the composite drawing published of the suspect, he was identified as the assailant by at least four eyewitnesses; he made statements which suggested he had been in the Ideal Donut shop at Tamara Levy and Colleen McLeod

about the time of the murder; he appeared to know things about the crime which only the killer would have known; three informants

At least that’s the goal. Although the project has 23 cases under review, none have reached the application stage.

who had spent time with him in jail testified that he had admitted his guilt, and one person even testified that she had seen the same green twine in his car on one occasion. And yet despite that evidence

“We have a number of cases that down the road, I think the person will be exonerated,” Levy contends. “Where they were convicted on entirely circumstantial evidence, with no direct evidence linking them to the crime, and they’ve maintained their innocence for 20 years.” She hopes to get two or three ministerial applications underway this fall, but it is a long, painstaking process to reach that stage. After that it could still be years before the Minister of Justice acts on the applications. Levy took a roundabout route to the Innocence Project. She studied at Osgoode Hall at York University where she “realized that criminal law was the only thing I could ever practice.” She moved west where she articled with Peck & Tammen. When she had to scale back her workload for family commitments, she began teaching an evidence course part-time at UBC with Crown Counsel Mary Ainslie (’91). “We started calling it ‘Preventing Wrongful Convictions’ because we were teaching areas of evidence that were problematic and difficult, which had been the identified areas of many wrongful convictions, like identification, false confessions or statements to the police, bad science, expert testimony, jailhouse informants.” Through that work she discovered other Innocence Projects, and she thought it would be a good idea to have one at UBC. Many of her students agreed, as did UBC Law lecturer Nikos Harris (’95). They worked on a proposal together which Harris then took to the curriculum committee. After receiving approval, the Leon Judah Blackmore Foundation stepped in with the necessary start-up funding.

Tom Sophonow was an innocent man. The abiding lesson for me is this: the accused in any criminal case, no matter how compelling the evidence appears, may well be innocent. We must never lose sight of that truth. It is a truth which Judges, prosecutors and defence counsel alike must always bear in mind, because when we lose sight of it, every one of us, in our own small way, prepares the case for convicting the next Tom Sophonow.”

Levy’s passion for the Project is obvious. And while the work is important to her, she also enjoys the connection she makes with her students. “I really like the fact that both come together,” she says. “I enjoy seeing them get turned on to criminal law.” Her student assistant (May 2008 – August 2009), Colleen McLeod, is a prime example. “The law comes alive here,” McLeod enthuses. “If anyone’s going to stop the train, let it be us. There just may have been a chance that something went very, very wrong.” For more information check out www.innocenceproject.law.ubc.ca. If you are interested in volunteering as counsel or an expert, contact Tamara Levy at (604) 827-3616 or tlevy@law.ubc.ca.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 17


Unbundling Legal Services: O U T F R O M U N D E R T H E C OV E R S by Jean Sorensen

In the past, the unbundling of legal services by lawyers was a lot like sex in the Victorian era, says Community Legal Assistance Society (CLAS) lawyer David Mossop, QC (’70). “Everyone did it, but no one would admit to it,” he says. Unbundling allows a lawyer to charge a limited retainer that corresponds to agreed upon portions of a client’s legal

believes that individuals and groups can best achieve their legal objectives by collaborating under an “umbrella” organization and sharing the limited resources available. CLAS lawyers prep individuals for judicial hearings and provide assistance such as drafting affidavits and notices of motion or informing clients that a friend is permitted to accompany them in court to provide advice.

transaction, with the understanding the client will fulfill

The point, says Mossop, is that the system is changing to meet

the remainder. In a litigation context, the lawyer’s role can

the needs of these litigants.

take on many forms, including consultation and advice, preparing legal documents (for a client directed case), or representing a client who has assembled a case in court.

Aware of the need to provide greater access to justice, and that many lawyers were already unbundling services discreetly, the LSBC decided to explore the issue. In January 2009, BC’s gov-

While lawyers have always offered clients a limited retainer,

erning body for the legal profession hosted Clearing a Path

unbundling is intended to enhance the range of limited

to Justice, a forum which featured The Right Honorable Beverley

scope legal services available to clients. It represents a major

McLachlin, Chief Justice of Canada, as a key note speaker.

shift in how legal services are being offered to the public. “I think what is happening in the legal system can be likened to the Protestant Reformation,” says Mossop, who is also a Law Society of British Columbia (LSBC) bencher and member of its recent task force on unbundling. “I think individuals believe that they no longer need a lawyer to get justice, that they can read the statute and argue their own cases,” he says.

McLachlin, a former UBC law professor, asked the Canadian legal community to consider unbundling as an option for those unable to afford legal services. She was quoted in national media as stating some courts report up to 44 per cent of litigants are self-represented. Panelist Sue Talia, a California family law judge, stated that in US courts the figure has risen as high as 80 per cent. Unbundling has raised complex issues for lawyers, including possible conflicts of interest, whether the courts will

That belief may be driven by economics or it may simply

recognize the limited scope of work a lawyer undertakes, and

be preference. In some hardship cases, Mossop thinks it is advan-

how to handle communications between the two lawyers and the

tageous for an individual to plead directly before a judge

client involved in the unbundling matter.

rather than relying on a lawyer. Also, the experience of winning one’s case can be empowering and provide a greater respect for and understanding of the law. “It would be great if everyone could afford a lawyer, but it is

A 2008 report issued to benchers by the LSBC Unbundling Legal Services Task Force attempted to answer many of these questions. The task force report outlined practices for lawyers to resolve numerous issues related to unbundling and its recommendations

not feasible today,” says Mossop. “It’s not just low-income indi-

were adopted in the “limited representation” section in the LSBC’s

viduals it is middle-income individuals who are being affected.”

Professional Conduct Handbook.

Mossop is just one of the many CLAS lawyers who provide legal advice and assistance to disadvantaged members of society or those whose human rights need protection. The organization

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“It [the unbundling initiative] is an on-the-ground response to a growing need. Enhanced pro bono services, legal aid and now unbundling — all of these components can allow for greater access to our justice system.” C H A R L O T T E E N S M I N G E R ( ’ 8 9 )

“The unbundling initiative is an important element of the access

He also notes that unbundling has been around for years, just not

to justice continuum,” says Charlotte Ensminger (’89), a UBC law

by that name, adding that the term has popped up more in the

graduate and LSBC lawyer who assists the society’s various

past two years. “The term is really giving it [the tailored services]

committees and task forces to address access to justice issues

formal recognition in tough economic times.”

facing BC residents. She has been involved in key projects such as The Unbundling Legal Services Task Force and the Joint LSBC/Canadian Bar Association (CBA) Initiative on Pro Bono.

“It [the unbundling initiative] is an on-the-ground response to

Some clients hire a lawyer strictly for consultation and carry out the instruction personally, says Lott. Clients may better negotiate with a known party, such as a spouse or family member. In other cases, there may be a strong emotional attachment or

a growing need. Enhanced pro bono services, legal aid and

power imbalance, which, according to Lott, would create a

now unbundling — all of these components can allow for greater

situation where “it might be better to have a lawyer.”

access to our justice system.” So, what do the changes really mean for lawyers? The availability of judicial decisions and other legal resources online makes it easier for the lay public to research and

Family law, he says, is an area that lends itself to unbundling. However, in complex commercial deals or lien disputes, unbundling may not be the best solution for the client. Again, it becomes a judgment call between the client and lawyer.

gather information independently. Conversely, lawyers are often

Unbundling is not a growing portion of Lott’s business, nor does

not required to conduct legal research for their clients’ cases.

he believe it will erode the legal profession. There will always

Ensminger acknowledges that unbundling is not for everyone. “It takes a certain type of client,” she says, adding that some

be complex cases or cases where the client does not want to be involved in the process. And even unbundling requires a lawyer.

individuals may not want, or have the time or personal resources,

It also places responsibilities onto the lawyer to uphold high

to handle the required legal legwork. The lawyer and client

standards of professionalism. “You have to keep careful notes,”

need to communicate clearly to ensure that both understand the

Lott explains, to ensure there is a record of the advice given

scope of each others work. “It is really important at the

to the client. Lawyers also need to check that their client has

outset that the client understand what the lawyer is and is not

undertaken various initiatives as required.

handling. And it is equally important that the lawyer assess whether the client and the specific legal matter are suited to an unbundling approach.”

According to Mossop, law firms have been practicing unbundling internally for years. “A case may be argued by a senior lawyer but the junior lawyer may do the research and prepare

Mossop agrees. Difficulties emerge when a client may have

the documents. It is internal unbundling and we just cascade

an unrealistic view of their case. “If the client is willing to accept

the duties downward,” he says.

advice and instruction then it can be alright,” says Mossop. “If not, then there is a real problem.”

“So, this is really just external unbundling.”

Vancouver Island law firm McKimm and Lott has embraced unbundling. “It is simply what some parties wish,” says Nick Lott (’75).

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 19


Get R E A L : New initiative connects students and established lawyers in rural areas by Joe Wiebe

All of us have heard about the shortage of doctors in rural areas, but what about lawyers? In fact, with the baby boomer generation now reaching retirement age, demographics show that smaller communities

Litchfield points to a study of

Michael Kew (’80), a lawyer

articling students in British

in Trail, BC, hired a summer

Columbia from 2007 that indi-

student thanks to funding

cates “74% of them wanted to

from the REAL program.

practice in metro Vancouver.”

“Certainly I’m not sure that

Why aren’t young lawyers

the money’s as good as it is

seeking work in smaller

in the Lower Mainland,”

centres? For many, it is a

Kew allows, “but I can tell

perception that working in a

you that the expense side

smaller community is both

of things certainly isn’t nearly

less exciting and less lucrative

as high either. I think that

than in a larger urban firm.

if young lawyers were open

Litchfield argues that these perceptions are actually myths. For instance, young

to it, they’d be surprised at the quality and breadth of practice.”

are facing a shortage of lawyers and, as a result,

lawyers who find employment

Other than a year spent

reduced access to legal services.

in a major urban firm face a

articling in Victoria after

long climb up through the

graduation, Kew has spent his

Columbia, REAL is a three-

ranks before they can take on

career working exclusively

where there are fewer medium

year program that connects

substantial work. Working for

in the Kootenays. He is one

size and larger firms, the

second-year law students

a smaller rural firm “presents

of only 14 lawyers in the

absence of younger lawyers is

from UBC and UVic with

great practice opportunities

local bar. “At 54 I’m one of

more prevalent,” cites a 2007

summer employment opportu-

because from a business

the younger lawyers in town…

report from the Law Society

nities in smaller communities

perspective there’s basically

Unless we get some young

of British Columbia Small

around the province.

an open market there,”

blood in here, I don’t know

says Litchfield.

what’s going to happen in

“Outside of the urban areas,

Firm Task Force. “These numbers raise concerns about whether the sole and small firm bar is renewing itself, particularly in less populated parts of the province, and whether pressures and challenges make it more difficult to attract lawyers to sole

Michael Litchfield (’84), CBABC

Young lawyers may be able

officer, manages the program.

to tackle more challenging

The student he hired, Ryan

According to Litchfield,

and interesting work right

Sookorukoff, grew up in

provincial demographics alone

away, or at least have the

the Kootenays and intends

justify the initiative. While

potential to do so much more

to seek work there upon

the median age of lawyers in

quickly than in a more

graduation. Prior to the

British Columbia is 47 years

competitive urban setting.

creation of REAL, career

old, the average age of a

and small firm practice.”

practitioner in small commu-

To address the significant

nities is fifty-something. “In

shortfall in lawyers choosing

some communities like

to work outside of the

Castlegar the average is

province’s major urban centres,

actually 62,” he says.

the Canadian Bar Association’s British Columbia (CBABC) branch, working with UBC Law and UVic Law, has established a new initiative called REAL (Rural Education and Access to Lawyers).

The implication is that once these older lawyers decide to retire there will be few if any younger lawyers to replace them. Local residents will then suffer from a lack of access to legal services, and

Supported by $795,000

may have travel to a larger

in funding from the

centre to seek legal advice

Law Foundation of British

or representation.

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| Winter 2010

the next five years.”

Regional Legal careers

“Young lawyers in a smaller community enjoy opportunities to appear in court much quicker,” explains Litchfield,

counselors warned him it could be difficult to find a summer position at a smaller firm.

“and opportunities to have

However, thanks to the

greater client engagement.”

creation of the REAL Initiative,

As for money, Litchfield acknowledges that although it is hard to beat the salaries offered by larger urban firms, “there are

UBC Law career services

was able to help him make it happen — and in a one-lawyer firm no less. “I’ve had a great experience

good economic opportunities

so far,” Sookorukoff enthuses.

in small regions.”

“I’ve done research and drafted some pleadings and letters, getting exposure


to all sorts of different areas

to the REAL Initiative. The

family connections, he

One of the reasons Kew

of law, which has been great.”

map of BC is well-represented:

emphasizes the lifestyle. “It’s a

hired Sookorukoff was his

participants were placed

beautiful area,” he says, “and

perspective. “A young person

in Nanaimo, Campbell River,

I really like to do a lot of

brings fresh energy to the

Powell River, Squamish,

different kinds of outdoor

practice,” says Kew. “I think

Smithers, Vanderhoof, Fort

activities and it’s a lot easier

that’s great.”

St. John, Kamloops, Vernon

in a rural area. There’s a lot

and Cranbrook.

more space. You don’t have to

He has also been able to meet the majority of the local bar. “It was a great opportunity to make some inroads into the area.” Sookorukoff is one of 11 students who obtained a summer job this year thanks

Why does Sookorukoff want

Sookorukoff hopes to return to Trail to article following graduation next year. Thanks to the REAL Initiative, he is well on his way.

deal with traffic. Or crowds.”

to live and work in the

Kootenays? Other than his

ARTISTS’ LEGAL OUTREACH by Mary Milstead Twice a month, on Wednesday evenings, artists in Vancouver have a dedicated place to go for legal advice. In conjunction with the Alliance for Arts and Culture, the Artists’ Legal Outreach (ALO) program provides artists, arts administrators and arts organizations in all disciplines with access to resources and experienced lawyers to address arts-related legal issues. “Most of the artists we get are quite independent, and don’t have the money to seek legal advice,” says Sharon Mah (’07), ALO clinic coordinator and UBC Law alumna. “It’s important to have a free and accessible program available, because artists don’t often have the same resources as people in other industries do. There’s no network or union. They also don’t necessarily have a lot of trust in the system, because they’re so used to working independently.” Sharon Mah

The lawyers who volunteer at the clinic come from a variety of backgrounds, both legal and artistic. “It’s important that all the lawyers giving advice are specialized in

It is not just lawyers who are donating their time to provide artists

the appropriate area—music lawyers answering music questions,

with legal access. Everyone at ALO is a volunteer, even the legal

corporate lawyers answering commercial questions. All of them

director. Student volunteers conduct research, help maintain the

have at least five to ten years of specialization in their particular

resource library and assist the coordinator with special events.

field,” says Mah.

They are also given the opportunity to sit in on some of the clinics.

As a summary advice clinic, ALO does not take on permanent clients.

The overall mission of the Alliance for Arts and Culture is to advocate

Instead, the lawyers help clarify the situation and point artists

for the arts by monitoring public policy, synthesizing issues for

in the right direction. In the best-case scenario, artists will come to

their members, and representing the interests of artists. The ALO helps

ALO before they have a need for extensive legal representation. “We

fulfill this mission by providing artists with access to important legal

always try to encourage people to come in before problems have

advice, freeing them to focus on their art.

started,” says Mah. “When they’re just starting to get noticed, or if they’re thinking of doing something, we can help if there’s anything legal that needs to be addressed. It really helps to prevent any problems that might come up.”

“We’re here to help the artists have a better artistic practice, and to make that practice easier,” says Mah. For more information visit the Artists Legal Outreach section at www.allianceforarts.com.

• Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 21


Profile by Chris Cannon

J O H N - PA U L B OY D ( ’ 9 9 ) When many of us reflect on the contribution our education made to our career, a classroom comes to mind — a course that opened our eyes or a professor that took an interest in nurturing our passions. For JP Boyd, a family-law attorney at Aaron Gordon & Daykin, his work outside the classroom holds special significance.

As a volunteer for the Law Students’ Legal Advice Program (LSLAP), the school’s long-running legal advice program operated by law students, Boyd saw the need to demystify the legal process. “LSLAP was probably what kept me in law school,” he says, “because I really enjoyed helping people and the hands-on kind of issues that I was dealing with. Most clients are plucked out of nothingness and stuck in this monolithic and massively complicated system that nobody explains to you. All you know is that you’ve been handed this slip of paper and told that you have to go to court on that particular date, but there’s no idea of why you’re doing that, or what the consequences are, or what’s going to happen on that day.” Boyd’s experience with LSLAP had a profound impact on how he views legal access for the average citizen. It led him to champion the role of an attorney as one who educates his clients rather than litigating on their behalf. He was struck by his clients’ ignorance about the legal system and the lack of clear information available. “I was at the BC Supreme Court just a while ago, and they have all these fantastic pamphlets available on family law issues, but they’re all in French. I’m sure they ran out of the English ones, but that’s kind of what the system is like, you know? There’s certain information available but it’s often difficult to get and it’s not broadly accessible.” His desire to increase access to legal information — particularly in the area of family law — led Boyd to create the BC Family Law Resource, a not-for-profit website that provides plain-language summaries of legal issues for people involved in family disputes. “People really have some messed up ideas about family law, mostly drawn from American TV and films and John Grisham novels. But just like the criminal justice system, there’s no public education that tells you ‘this is what custody means’, ‘this is what exigible asset means’, ‘this is what happens if you live with somebody in a marriage-like relationship for a period in excess of two years’. Nobody tells you that there’s a difference between the property rights that are obtained through a marriage as opposed to a common law couple that have been together for twenty years.” A Toronto native, Boyd took a circuitous path to law school, following in his younger sister’s footprints after his own less-thanstellar educational origins (he flunked out of high school,

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completing his degree in what he calls “the purgatory of night school” while earning a fine-arts diploma from the Ontario College of Art). Boyd soon reinvented himself as a philosophy student, earning his bachelor and master degrees at the University of Guelph. With a background in speculative epistemology — and a realization of its limits in real-world application—Boyd applied to law schools he felt would be a good fit for his left-leaning politics. He admits he settled on UBC because Vancouver was the best place to drive his motorcycle year-round. He quickly fell in love with the area and made it his home after graduating in 1999. Today he lives in Maple Ridge with his wife Heather and daughter Morgan. Since his graduation, he has chalked up an impressive array of recognition. Besides serving as an associate with Aaron Gordon & Daykin, he is a member of the British Columbia Law Institute’s board of directors, the editorial board of the Continuing Legal Education Society’s British Columbia Family Practice Manual, the board of directors of the British Columbia Parenting Coordinators Roster, the Association of Family and Conciliation Courts, the Attorney General’s Family Relations Act review advisory committee, and the National Council on Family Relations. The BC Family Law Resources website has earned him nationwide recognition, and was at least partly responsible for his receipt of the 2003 national Pro Bono Service Award from the Canadian Bar Association, the 2006 inaugural Distinguished Service Award for individual lawyers from Pro Bono Law British Columbia and Pro Bono Law Ontario and the 2008 Outstanding Young Alumnus


Award from the UBC Law Alumni Association. Boyd is humbled at times, hearing reports of lawyers arriving in court with printouts from his website or judges citing his work in the courtroom. While he is happy to have made such an impact, he is eager to maintain the focus of his pro-bono work as a public service to address the dearth of information for those seeking to resolve family matters. “We’ve got stopgap measures like Access Justice, the Salvation Army’s pro-bono program, and Pro-Bono Law British Columbia, which do a great job,” says Boyd, “but they’re still sort of half-way points, and they’re not a complete solution to the problem. We need duty council. We need lawyers that are immediately available in the court house. Legal information from a website or a pamphlet is no substitute for proper legal advice. Family is the core of our

economy, it’s the core of our social organization, it’s so terribly important. But our public schools don’t talk about the consequences of family breakdown and the obligations which survive the termination of the spousal or parental relationship.” Boyd speaks fondly of his own family—a stability he seem to want to confer on others. “I enjoy being able to make a concrete, meaningful, real difference in somebody’s life,” he says. “I like making my clients laugh. I like solving their problems. I love being able to give them good news or to help them work through a really difficult time. It’s tremendously gratifying in a way that I don’t think I would be gratified handling a shareholder’s grievance or something like that. Family law is very personal.”

Profile by Mary Milstead

AMBER PRINCE

(’05)

Four years ago, Amber Prince thought she might spend the summer working at Hastings Race Track in Vancouver. She had recently graduated from UBC Law and was planning to start the Master’s in Law program at the University of Victoria.

“I didn’t do the traditional route, summering at a law firm, articling and carrying on from there,” says Prince. “I didn’t have a clear sense of direction for myself, and I was hesitant to work at a big firm.” A lifelong lover of horses, she landed the job at the track instead. However, things did not work out quite the way she planned. “Unfortunately, I only lasted about a day,” Prince laughs. “It was not a good fit. There was a lot of hard physical labor involved.” Instead she accepted an opportunity to work as a summer student for Atira Women’s Resource Society. Founded in the 1980s, Atira is a not-for-profit organization committed to ending violence against women through providing direct service as well as working to increase awareness of and education around the scope and impact of that violence on communities. The position at Atira was a better fit. “I think of myself as being a left-leaning feminist of Aboriginal heritage,” says Prince. “My philosophies are in line with Atira’s and my outlook informs all of my work with women.” Although she was not aware that this type of work existed when she was a law student, she grew into it with the help of her colleagues. Halfway through her master’s program, she was offered the position of Legal Advocate for Atira. She accepted.

As Atira’s Legal Advocate, Prince’s mandate is to provide legal assistance and support services for marginalized women. She helps them navigate the often overwhelming legal system, primarily in areas considered “poverty-law,” such as residential tenancy law, income law, human rights law, WCP appeal and income assistance appeal. Prince also provides support services, including attendance at family or criminal court when guidance and personal support are needed, and providing referrals for legal services outside her jurisdiction.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 23


It is not all nuts and bolts and statutes and court appearances, however. “Sometimes the most important thing is that the woman is being heard. Being listened to and also believed. To feel supported is sometimes the most important thing, and that’s been a big lesson for me,” Prince says. Within an organization like Atira, the lines between responsibilities are often blurred. “I find it difficult to compartmentalize aspects of a woman’s life. It’s her life,” she explains. “It’s not, ‘this part is legal, this is counseling, this is housing.’ We build relationships with particular women, and they trust us for certain reasons, and then we help them with everything.” Working on the frontlines in the fight for access to justice, Prince sees first-hand how justice is applied to marginalized members of society. “The crucial test for justice is: does what is said on paper

translate into reality for people? I’m able to get a glimpse of whether justice is working. I try to do my part to try to ensure that there’s some access to justice for the women I’m working with,” says Prince. “Unfortunately, my experience here is that there are differing levels of justice. I don’t think the women I work with have the same access to justice as those who are less marginalized. It’s a great challenge and I try to bridge that gap.” Originally from Prince George, BC, and a member of the Sucker Creek First Nation in Enilda, Alberta, Prince began her education with a degree in criminology. Convinced she was not cut out to be a police officer, she moved on to law school at the University of British Columbia. Together with her master’s degree, her education has given her the skills and expertise needed to help clients navigate the legal system.

Profile by Milton Kiang

D E A N N A O K U N - N A C H O F F ( ’ 02 ) Who’ll care FOR OUR CAREGIVERS? In May, the Ruby Dhalla live-in caregiver controversy forced Canadians to take a closer look at the treatment of foreign domestic workers — one of society’s most under-represented classes.1 In the same month, Hesanna Santiago, a 44-year-old live-in caregiver who’s worked in Canada for more than four years, was threatened with deportation because her 12-year-old daughter, who lives in the Philippines, was diagnosed with renal disease. Immigration officials say Santiago may be deported because of the “excess demand” her daughter would place on the health system if she came to Canada. On May 20th, 2009, The Province reported Santiago as tearfully saying, “I’m now asking to please give me compassion, to allow my family to come here. It is our dream to be here in Canada. I tried all my best to work here. I tried.”

It is cases like these which weigh heavily on Deanna Okun-Nachoff (’02), the 36-year-old executive director and staff lawyer at the West Coast Domestic Worker’s Association. As the only lawyer within the organization, Okun-Nachoff handles cases involving domestic workers who face deportation because of illness. “There’s a reason why I keep a box of tissues by my desk,” says Okun-Nachoff.

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Under Canada’s Live-in Caregiver Program, domestic workers must take a medical examination before entering Canada. They are required to work as live-in caretakers for two years before becoming eligible to apply for permanent residency.


Perhaps the most important thing she learned in law school was the ability to research case law and statues. “Law school provided me with really good tools to be able to assist these women,” says Prince. “I can read and translate these things for them, and I can challenge interpretations to the law which further marginalize underrepresented populations.”

I have received a lot of privilege from appearing white, so I don’t for a minute suggest that my experience is the same as a woman who’s visibly Aboriginal. But I’ve spent a lot of time with my Cree relatives. I know some of the struggles that they face. I have a grandfather who went to residential school. And as a woman, I understand the struggles that women face.”

But it is not just about her education. It is also about who she is as a person and how she connects with the women she works with. “If I were to meet an Aboriginal woman who believes she’s faced racism, I have an understanding of racism because it is fairly prevalent, particularly to Aboriginal peoples.” At the same time, she is also aware of her own apparent privilege.

Working to provide greater access to justice on a daily basis, Prince focuses on the women she works with and their unique needs. She never loses sight of the greater implications.

“Visibly, a person wouldn’t guess that I was of Aboriginal descent. I am fair-skinned and have blue eyes,” says Prince. “I recognize that

“Gandhi said ‘A nation’s greatness is measured by how it treats its weakest members.’ He also applied this test to animals: ‘The greatness of a nation and its moral progress can be judged by the way its animals are treated.’ I would have to agree with Gandhi, that how we treat our most marginalized members, including our animal relatives, tells us a lot about how we are doing as a society.”

by Milton Kiang

When a caregiver applies for permanent residency, they must take a second medical exam. Critics charge that the second medical exam is unfair; anyone else applying as a Canadian resident is not required to take another medical examination. “The irony is that these are workers who are providing health care services to Canadians, jobs we can’t get Canadians to do,” says Okun-Nachoff. “And now that they have become sick, we’re saying thanks for all your work, but you’re going to be too much of a burden on the Canadian health care system. It seems almost cruel that we’re turning them away, especially after all their years of service.” Justice and fairness have always been integral to Okun-Nachoff’s work. “Very early on, I had a keen sense of what’s wrong and what’s right. I actually wanted to get involved in the political process to bring change, and I consider this job to be a political job.” Even while Okun-Nachoff was a philosophy student at Trent University, 15 years ago, she knew she wanted a career which had purpose, a career that would make a difference to society. This desire led to her to UBC Law. But the law school experience wasn’t quite what Okun-Nachoff expected. “I found law school very difficult. I saw it more as a means to an end.” At times, Okun-Nachoff found it difficult to envision how she would apply her law studies to work in the real world. “Law school had courses on alternative careers in the law, but it wasn’t quite as alternative as I would’ve liked,” says Okun-Nachoff. “They had alternative career courses that talked about working as in-house counsel, or choosing a career with the Department of Justice.”

At one point, Okun-Nachoff was ready to throw in the towel. She recalls a conversation she had with Brian Higgins (’79), a lawyer with the Community Legal Assistance Society: “Brian told me, ‘Hang in there, kiddo. Just because you’re having a hard time now, it doesn’t mean that you’re not going to enjoy practicing law.’” It was a turning point for Okun-Nachoff. She decided to stick to her studies and to see where the law would take her. New Democrat and Deputy Immigration critic MP Don Davies, who has worked with Okun-Nachoff to lobby for changes to the caregiver program, says, “She’s an absolutely remarkable person. The fact that she provides legal services to people who normally wouldn’t have access, I think always takes a special person. She’s smart, she’s committed. Law can sometimes be an isolated thing… we can isolate it to just legal concepts. Deanna manages to take the law and put it in a social context. She puts it in a cultural context, and in a political context. She provides exceptional service to the people who come to her.” When Okun-Nachoff assumed her executive director role five years ago, she had only two weeks of training from her predecessor, then she was on her own. She built her expertise in immigration law, and found the CBA’s immigration law subsection invaluable. When Okun-Nachoff was unsure about a point of law, she would fire off a question onto the subsection’s listserv, to which more than 300 immigration lawyers are connected, and invariably, someone would answer. At the beginning, Okun-Nachoff was eager to prove herself in her new role. She also had what she calls a “savior attitude”: she’d tell clients exactly what to do, when and how to do it. She’s learned since then not to lead her clients’ lives.

1 In May 2009, Liberal MP Ruby Dhalla was accused of mistreating two live-in Filipino caregivers who were hired to take care of her mother. The Toronto Star reported allegations that the caregivers had their passports seized, worked long hours, and were not always paid overtime. Days after the allegations were made, Dhalla resigned from her post as the Liberal shadow critic for youth and multiculturalism in order to clear her name. None of the allegations have been proven in court or in official record. Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 25


“You’ve got to let your clients make their own decisions. You provide them with the information and the tools, but they have to exercise their own decision-making powers.” Okun-Nachoff has also adjusted her own expectations and attitude towards her work. “For a long time, I was angry about how the law was applied, about how policy should work,” says Okun-Nachoff. “I realize now that you can’t be productive when you’re angry. I have a different purpose now: it’s not to save the world, but to be more strategic, to make informed decisions. It’s not me against the world.” Though the work is arduous, emotionally draining, with little in the way of financial rewards (the private sector pays wages two to three times higher), Okun-Nachoff continues to draw inspiration from her work and clients. “They are the world’s best clients,” says Okun-Nachoff. “It’s interesting to meet these people whose life experiences are so different from my own, and to see how they’ve dealt with various barriers in their lives.”

Okun-Nachoff recalls one client who was fighting to stay in Canada despite her battle with cancer. “She was volunteering at ten different organizations, and even though she suffered from cancer, she refused to take time off from work. We’d go to her immigration hearings together, and even with everything she was going through, she actually felt as if she was a burden on me.” That client died two years ago. Okun-Nachoff will not forget her courage, her will to survive. Memories like these drive her to do all she can for her clients. Within the year, Okun-Nachoff and MP Davies expect to hear whether the federal government will amend the caregiver program to ease permanent residency requirements. This will affect whether caregivers like Santiago will be allowed to stay in Canada. “I’ll be following up with Deanna on the Santiago case,” says Davies. “We’ll be doing all we can to help this woman out. The Standing Committee on Immigration and Citizenship just issued a report about caregivers, which I forwarded to Deanna.” “Of course,” laughs Davies, “Deanna already had that report.”

Legal Exposure Opportunity (LEO) by Mary Milstead

A dedicated group of UBC Law students is working to ensure

successful human rights complaint against her employer, arguing that

that high school students in British Columbia receive positive

the fitness test discriminated against women. Working in groups,

exposure to the law. Legal Exposure Opportunity (LEO) visits

the students receive the initial facts of the case and then develop and

high schools with students from socio-economically disadvantaged

present arguments on both sides before student judges. Afterwards,

backgrounds, and gives presentations addressing the legal issues

the real case and outcome are discussed. Not surprisingly, the outcome

that affect their lives, such as their legal rights and duties as

of the mock trial differs in every classroom, and does not always

citizens. The group also holds mock trials and talks about their

match the decisions rendered in the courtroom.

experiences as law students. In addition to providing knowledge about the issues, LEO aims to break down students’ perceived barriers to pursuing a legal career. “The law is more accessible than it seems,” says Claire Immega, a UBC Law student and LEO board member. “Students have the opportunity, if they choose, to pursue a career in the legal profession. Additionally, if they need to interact with the law in any way, they should know— the law is not something that is there to work for and protect others, it’s also there to protect them.” LEO was launched two years ago by a group of students who were

inspired by a by a similar group at the University of Toronto Law School. Last year, LEO developed a module on “Rights in Canada” centred on a small mock trial, based on the Meiorin case. In that case, a female firefighter was fired for not passing a fitness test. She brought a

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“It’s important to note that professional judges didn’t necessarily agree or come to the same conclusions,” says Immega. “I was impressed with how grade 10 students thought about the issues and argued with each other.” In addition to providing students with opportunities to think and act like legal professionals, LEO focuses on areas of the law that the students may come into contact with in daily life, such as the rights and responsibilities related to driving and employment law. Exposure to the law offers the students who interact with LEO more knowledge and comfort with the legal system than they might otherwise experience. It also offers inspiration. “It matters that people come to talk to them, to tell them ‘You can do this,’” says Immega.


THE ROAD less travelled

PETER SMITH CLASS OF 1999

M E N in tights by Milton Kiang

Most people would be happy to have a career in law. How about adding a stint as an award-winning filmmaker? Then add time as a criminal law university instructor. Oh, add another career as a heavy-weight champion pro-wrestler. Now, you’re starting to get a picture of the multi-disciplined, multi-talented, multi-everything Peter Smith (a.k.a. “The Rocket” Randy Tyler to wrestling fans).

Standing at six-feet, four-inches, 240 pounds, Smith looms

Not bad for a 39-year-old former military brat who spent

over my five-foot-nine frame, creating an imposing presence.

his formative years traveling from military base to military base

His hand, the size of a bear claw, wraps completely around

across Canada. “Self-awareness is key,” Smith says, more than

mine as we shake hands. After exchanging pleasantries, Smith

once during our conversation at his downtown Vancouver office.

turns out to be a regular guy — someone you’d like to have a beer with at the end of a work day.

How did you get started in wrestling? I was 17-years-old. I was in a high school, and it was my

Smith has an easy laugh, is articulate and focused, and speaks

childhood dream to become a professional wrestler. When I was

with confidence. We talk about what it was like to venture on the

in grade 12, I took acting classes specifically to learn how to per-

pro-wrestling circuit at the age of 17 and later attend UBC law

form in front of an audience as a pro-wrestler.

school. While in law school, Smith won numerous scholarships and academic prizes, including the Wesbrook Scholar Designation and Raymond Herbert Award, to name but a few. When he graduated, he was at the top of his class.

I went to a pro-wrestling school in BC. You know the old All-Star Wrestling show on BCTV? They had a summer camp where they’d look for new talent. That particular summer, there were 30 guys that attended. They beat the living crap out of us for eight weeks,

We chat about clerking with Madame Justice Louise Arbour

and by the end, there were only three of us standing. We all got

at the Supreme Court of Canada, and what led him to act in, and

contracts to go on the road for All-Star Wrestling.

produce, a wrestling “mockumentary.” (Think Spinal Tap, but about wrestling.) To date, Smith’s film has won three international film awards.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 27


What’s the wrestling industry like?

People would ask, how do you know that? My skill set was

The money isn’t good. In local productions, you make between

to figure out what the professor was going to ask, and what

$100 to $200 a match and that’s on the high end. At the lower

was going to be important to them when it came to grading

end, some guys get $30 to $50. It’s not lucrative. It’s like acting:

essays or exams.

there are just a few guys making millions. Most wrestlers, even the ones you see in the big circuit, aren’t making much at all. People stay in the business because they love it, or because they’re waiting for that big break. What made you decide to go to university? When I was about 20 years old, I had an epiphany. I was wrestling full-time, six nights a week, and I was having a great time. I was in a match in Portland where I was tag team partners with Jimmy “The Fly” Snuka. He was a very popular guy, very well known. He’s what I aspired to be in my wildest dreams. But he was at the end of his career: he was approaching his 40s and he’d finished his run with the WWF [now called WWE]. At this point, his body is breaking down, he’s gotten a bit older, and he hadn’t made a lot of money. So he’s wrestling these smaller shows with me, and I was just starting out. There’d be 300 or 400 people at the match. We were making about $300 a

match, and he needed that money. Jimmy had this look about him: he was kind of weathered, as if he didn’t have much in the way of prospects. I remember him

Law school is a funny place. It can be intimidating. I remember during week one of UBC Law, I talked to someone who said they had spent eight hours in the library studying the night before. And I was like, “Studying what?!” When you worked at a law firm, how did people react when you told them about your wrestling career? I actually laboured about whether I should put wrestling in my resume. Law firms could take it in one of two ways: they could think I’m a total knucklehead, or they’ll find it interesting and want to ask questions. I finally decided to put it in there, and man, the response was overwhelming. The law firms weren’t only interested in my wrestling background, it dominated interviews. I’d go into summer articles interviews, sit in front of a panel, and after a minute of pleasantries, they’d start asking me, “Is wrestling fake? How long have you been a wrestler?” For an hour, we’d talk about pro-wrestling. And they’d offer me a job, based on my colourful tights and wrestling ability!

saying that without wrestling, there wasn’t really much out there.

What was it like clerking at the Supreme Court of Canada?

There was this combination of fear and regret. He just looked

Did you ever watch the justices sit down to discuss cases?

worn out.

No, that’s not something the clerks did. The justices did that

I was thinking, “If I’m successful, is this what it’s going to be like for me?” Right then, I decided to get back to school. I’ve got to have something else. You did exceptionally well in law school, you won loads of scholarships and academic prizes. What do you attribute your academic success to?

amongst themselves. But the clerks would get together and talk about a case. We’d have our debate, and this, I think, would affect the judges’ debate. The clerks’ debates would affect what we put in our briefs, and the briefs would affect the judges — some more than others. Of course, the justices have their own views on certain matters.

When it comes to school work versus “real-world” work, I don’t

The other cool thing about being a clerk was that we got to draft

know how good or bad I am, but I wouldn’t place myself at

decisions. A judge would say, “This is what I think about the

the top ten percent of lawyers at Blakes or Debevoise [Smith’s

case, and this is why I’d allow the appeal. Why don’t you take a

former law firm employers].

crack at it?”

When it comes to school, I was always a bit of a savant.

You’d go back and draft the decision, and sometimes — I won’t

I always understood how to get a good grade in class. It has very

say which cases — they’d look at it and say, “You nailed it.”

little to do with being smart. I had an ability to focus on what

So now, you look at certain Supreme Court decisions, and say,

was important in each class, and the ability to study maybe

“That’s mine!”

20 percent of what other people were studying. I could always see

people studying, and I’d think to myself, that’s not going to be in the exam, that’s not important.

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You went on to make a comedy film called Kayfabe. Tell me about that. Kayfabe is a wrestling term. It’s hard to explain. It means to maintain an illusion. Let’s say you and I were wrestlers: you’re a good guy and I’m a bad guy, and we just had a feud in the

“Once you decide to take a certain path, you have to follow through. One of the ways I make myself

ring. We’re having a beer together, and we see a wrestling fan enter the bar.

follow through, is to tell others I’m going to do it,

I’d say “kayfabe” which means we’d have to separate so the fan

and I go out to do it.”

doesn’t see us together. You have to maintain the illusion. It’s a warning word — you throw it out there to make sure you don’t give away any secrets. If there’s one criticism about the movie, is that no one understands the term “kayfabe.” If we had to do it all over again, we’d call it something like Tights. What was the movie-making process like?

You’ve had so many different careers. What do you tell people

I made the movie with another lawyer named Mike Raven.

when they ask about your line of work?

He and I summered together at Blakes and we’ve been friends

Good question! Right now, I run a TSX-mining company, so

ever since. For years, we’d have a beer at the end of the week,

that’s my primary focus. But funnily enough, years ago,

and I’d tell him stories about wrestling on the road.

when I was practicing law, and I was wrestling, I’d answer that

He found my stories mind-boggling. We’d always have a laugh,

question differently everyday.

and we’d say this is great material for a story. People wouldn’t

Some days, people would ask me what I did, and I’d say, “I’m

believe that this stuff goes on — that we really should put a script

a wrestler, and I’m a lawyer on the side.” Other days, I’d say,

together. So we did.

“I’m a lawyer, and a wrestler on the side.” It kind of depended on

We went out and raised $50,000, the total budget for the movie from start to finish. Then we booked eleven days of shooting. We went out and hired a cinematographer, we hired a sound guy, and we surrounded ourselves with people who knew what they were doing — because we knew we didn’t.

how I was feeling about the law that day, maybe how many hours I had to bill that week. But I’ve never considered myself to be one or the other. The negative side to that, you might say, is that I haven’t had a whole lot of focus. And I think that’s true. A lot of people I went to law school with, I see them now, and they’re partners at law

We knew we had a good story and we vaguely knew how

firms. But I’m not that. I’ll never be a partner because I’ve chosen

we wanted to tell the story. But we were smart enough to know

to do all these other things as well.

that we didn’t know how to make a movie. So, over eleven days, we shot it. Somehow, by hook and by crook, we made good decisions.

To be honest, I don’t know at this stage of my life whether it was the right thing to do or not: choosing to focus on a lot of things, as opposed to one thing. I don’t have any regrets.

What are your keys to success?

Is it going to come back to haunt me? I don’t know. It’s not like

Once you decide to take a certain path, you have to follow

I have one career — I kind of have three or four careers.

through. One of the ways I make myself follow through, is to tell others I’m going to do it, and I go out to do it. When I decided to make Kayfabe, I told everyone I was going to do it. And if you don’t, then you look like a horse’s ass.

I’m almost 40-years-old, and I still don’t know what I want to focus on for the rest of my life. I still have 20 workingyears left.

I’m not special, everyone has it in them. It requires sacrifice, self-awareness. You’ve got to recognize what you’re good at. Like when we made the movie, we realized early on we weren’t good filmmakers. Don’t kid yourself: be realistic, understand your limitations.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 29


Report o n G i v i n g It has been another successful year at UBC Law. We are especially grateful for the generosity of our alumni, friends and the legal community during a time when many individuals and institutions were facing financial challenges. Your donations help to provide the resources that enable the Faculty to maintain its commitment to excellence in teaching and research.

ANA-MARIA HOBROUGH

As in the past two years, a significant portion

By the time you read this update, construction

of your donations were directed to the building

may have already started on the new law

project, with many of you also supporting

building. At its July 9th meeting, the UBC Board of

Student Financial Aid, faculty research and other

Governors gave final approval for the project

priority projects. Here are just a few examples of how your donations impacted the Faculty last year: • Supported Assistant Professor Benjamin Perrin’s research project to create the first comprehensive account of Canada’s involvement in human trafficking for sexual exploitation and propose effective recommendations to confront the problem • Established four new student awards and bursaries • Supported our highly successful moot teams and clinical legal education programs • Made it possible for the Faculty to host and attend conferences that brought together leading academics and practitioners in areas ranging from corporate to migration law

to move ahead. ITC Construction Group was chosen as the construction manager, and demolition is scheduled to begin this winter. Your support, along with the University’s belief in our exceptional education and research programs, has brought us to this point. Thank you. As we bid farewell to the old law school building and embrace a new chapter in the Faculty’s history, we invite you to visit our website and share your memories of the building, good or bad, from its construction in 1951 to the last day of classes in 2009. Updated drawings of the new building are also available on our website, and we invite you to check back regularly, or visit the campus, to watch the building progress over the next two years. We thank you for your tremendous support and look forward to another rewarding year at UBC Law.

• Brought the Faculty within reach of the private fundraising goal for the building project—we are at $22 million of our $24 million goal

ANA-MARIA HOBROUGH

Assistant Dean, External Relations

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The Diamond gift

Vince Bjorndahl Bursary Fund

In celebration of Charles Diamond’s (’58) 75th

When the UBC Law Class of 1988 began planning

Can You Create a Legacy at UBC?

birthday, members of his family donated $250,000

their 20th reunion celebration, there was more on

By helping your clients

to the Faculty of Law building project. UBC Law

their minds than seeing former classmates and

achieve their philanthropic

would like to thank Mrs. Isabelle Diamond;

renewing old friendships. They were also renewing

goals, you are playing a

Mr. Craig and Mrs. Carrie Diamond; Dr. Alan and

their relationship with UBC Law and forging

significant role in helping

Mrs. Leora Diamond; Mr. Jorde and Mrs. Helene

ties with today’s students. Their enthusiasm and

the University prepare

Diamond Nathan for their generous gift.

generosity resulted in the creation of the

students to become global

In recognition, a first-floor seminar room in the

Graduating Class of Law 1988 Vince Bjorndahl

citizens and conduct leading

new law building will bear Diamond’s name.

Bursary Fund.

research that will enrich

The Wai gift

This endowed fund will provide bursaries in

In 2009 UBC Law gratefully received a gift of

perpetuity to UBC Law students, helping to ensure

$100,000 from Mr. T. Wing Wai (’65). The

that a quality UBC legal education is accessible

the lives of the people of British Columbia, Canada, and the world.

donation is designated for the UBC Faculty of

to all qualified students. Catherine Sas, QC led the

We’re here to assist you and

Law building project.

project. “We’ve been where these students are

your clients to plan for the

now and faced similar challenges. Creating a

future. Perhaps you require

bursary was a great opportunity for our class

information about establishing

to impact students’ lives while honouring the

a scholarship or bursary.

memory of our esteemed classmate and colleague,

Or, you may be considering

Vince Bjorndahl.”

the best ways to structure a

The Class of ‘88 joins the classes of ‘50, ‘53, ‘58, ‘59, ‘62, ‘67, ‘68, ’70, ‘72 and ‘76 in setting up a bursary

or scholarship under their class name. For more information on establishing a class award, contact Janine Root, Senior Alumni Relations Manager, at jroot@law.ubc.ca or 604-822-2584. Thank you to all of our alumni who support legal education.

charitable gift to maximize your clients’ tax benefits. Or, you may require a sample will clause for a client who wishes to create a legacy of learning at UBC. UBC Gift and Estate Planning

has significant experience with the structuring of charitable bequests, gifts of property, charitable trusts, gifts of publicly traded securities, and other planned

UBC Law Welcomes Tracy

Wachmann will create a focal point for all UBC

gifts. We’re here to help.

Wachmann as New Public Interest Coordinator

Law public interest matters, promote information

For further information,

UBC Law welcomes Tracy Wachmann (’94) as

the Faculty’s new Public Interest Coordinator. This part-time position is generously funded by the Law Foundation of British Columbia. Wachmann will work closely with students, faculty members and the public interest community to support students who wish to pursue a career in public

exchange and opportunities for collaboration and

please call the UBC Law

provide advice to students interested in pursuing

Development Office

a career in public interest or social justice as a

at 604-822-0123.

practice area. She will also develop workshops and speaker panels, and explore and develop new internship, externship and articling opportunities. Tracy Wachmann can be reached at 604-822-0112 and wachmann@law.ubc.ca.

interest and social justice, and to connect those students with the organizations who need them.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 31


Faculty

MATTERS

New Faculty

Robin M. Elliot, QC, with David S. Cohen & J. Parker MacCarthy

UBC Law is pleased to welcome its newest faculty members—

“Gordon Turriff, QC” (2009) 67 Advocate 15-18; “Interjurisdictional

Professors David Duff, Ben Goold, Darlene Johnston, Mary Liston,

Immunity after Canadian Western Bank and Lafarge Canada Inc.:

and James Stewart. These five distinguished legal scholars bring

The Supreme Court Muddies the Doctrinal Waters—Again,” (2008), 43

a wealth of experience and knowledge to UBC Law’s complement of

Sup. Ct. L. Rev. (2d) 433-498; with Shi-Ling Hsu “Regulating

talented academics and educators.

Greenhouse Gases in Canada: Constitutional and Policy Dimensions,” (2009) 54 McGill L. J. (forthcoming,).

Books, Articles, Seminars, and Symposia

Isabel Grant, “The Boundaries of Criminal Law: The Criminalization

Natasha Affolder, “Is International Law an Effective Eco-Lobbying

of the Nondisclosure of HIV” (2008) 31 Dal. L.J. 123-180; “Rethinking

Tool?” (2009) Am. Soc’y Int’l L. Proc. (forthcoming); Book Review

Risk: The Relevance of Condoms and Viral Load in HIV Nondisclosure

of Toxic Exposures: Contested Illnesses and the Environmental Health

Prosecutions” (2009) 54 McGill L.J. 389-404.

Movement, by Phil Brown, (2008) 46 Osgoode Hall L. J. 427-433 (with Stuart Turvey).

Benjamin Goold, “Editorial: Making Sense of Surveillance in Europe” (2009) 6 Eur. J. Criminol. 115-117; “Liberty v United Kingdom:

Mary Anne Bobinski, “The Health Insurance Debate in Canada:

A New Chance for Another Missed Opportunity” [2009] P.L. 5-14;

Lessons for the U.S.?” 14 Connecticut Insurance Law J. 341-75 (2007/08)

New Directions in Surveillance and Privacy (Cullompton: Willan

(published 2009); “HIV/AIDS and Public Health Law” in Tracy M. Bailey,

Publishing, 2009) 212 pp.

Timothy Caulfield, & Nola Reis, eds., Public Health Law & Policy in Canada, 2nd ed. (Markham: LexisNexis Butterworths, 2008) 179-245.

Douglas C. Harris, “The Boldt Decision in Canada: Aboriginal Treaty Rights to Fish on the Pacific” in Alexandra Harmon, ed., The Power of

Christine Boyle, “”First Rate” Fact Finding: Reasonable Inferences in

Promises: Rethinking Indian Treaties in the Pacific Northwest (Seattle:

Criminal Trials: A Lecture in Honour of Ivan C. Rand” (2008), 58 U.N.B.L.J.

University of Washington Press, 2008) 128-153; “Aboriginal Rights to

199-214; Book review of Transgender Rights by Paisley Currah,

Fish in British Columbia” in Robert B. Anderson & Robert M. Bone, eds.,

Richard M. Juang & Shannon Price Minter, eds., (2008), 29 Journal

Natural Resources and Aboriginal Peoples in Canada, 2nd ed. (Concord:

of Women, Politics and Policy 571-575. Catherine Dauvergne, “Globalizing Fragmentation: New Pressures on Women Caught in the Immigration Law-Citizenship Law Dichotomy” in

Captus Press, 2009) 494-504; “A Court Between: Aboriginal and Treaty Rights in the British Columbia Court of Appeal” (2009) 162 BC Studies 137-164.

Seyla Benhabib & Judith Resnik, eds., Migrations and Mobilities:

Fiona Kelly, “(Re)forming Parenthood: The Assignment of Legal

Citizenship, Borders, and Gender (New York: New York University Press,

Parentage Within Planned Lesbian Families” (2009) 40 Ottawa L. Rev.

2009) 333-355.

185-222; “Losing the Child in Child-Centred Legal Processes” in Mona

David Duff, et al., eds. Canadian Income Tax Law, 3rd ed. (Markham: LexisNexis Butterworths, 2009) 1500 pp.; “Lipson v Canada—Whither the Canadian GAAR?” (2009) 2 Brit. Tax Rev. 161-169; “Tax Avoidance in the 21st Century” in Chris Evans & Rick Krever, eds., Business Tax Reform in Retrospect and Prospect (Sydney: Thomson, 2009) 477-501.

Gleason, et. al., eds., Lost Kids: Vulnerable Children and Youth in Twentieth-Century Canada and the United States (Vancouver: UBC Press, 2009) (with Cindy Baldassi & Susan Boyd); “Severing the link between marriage and children's best interests: a Canadian case study” (2009) 28 Equal Opportunities International 267-279; “Private Law

Responses to Domestic Violence: The Intersection of Family Law and

Elizabeth Edinger, “Disputing Jurisdiction, Attornment and Mid-Ohio”

Tort” in Sanda Rodgers, Rakhi Ruparelia & Louise Bélanger-Hardy, eds.,

(2009) 67 Advocate 33-43.

Critical Torts (Markham: LexisNexis, 2009) 321-341 (reprinted in Louise Bélanger-Hardy, Sanda Rodgers & Rakhi Ruparelia, eds., Critical Torts (Markham: Lexis-Nexis Butterworths, 2009) 321-343. Mary Liston, “The Rule of Law Through the Looking Glass” (2009) 21 Law & Literature 42-77.

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David Duff

Mary Liston

Robin M. Elliot, QC

James Stewart

Shigenori Matsui, Introduction to American Constitutional Law,

24 B.F.L.R. 383- 451; “Credit Derivatives Market Design, Creating Fairness

6th ed (Tokyo: Yuhikaku, 2008); Mass Media Law, 4th ed. (Tokyo: Nihon

and Sustainability” (London, Network for Sustainable Financial

Hyouronsha, 2008); “Business Law in Japan” in Pitman B. Potter &

Markets, November 2008) 1-16; “Restructuring of the Asset-Backed

Ljiljana Buikovic, eds., A Guide to Business Law in Asia (Markham:

Commercial Paper Market in Canada” in Annual Review of Insolvency

Lexis Nexis, 2008) 143-202. Robert K. Paterson, Protection of First Nations Cultural Heritage: Laws, Policy, and Reform (Vancouver: UBC Press, 2008) 441 pp. (co-edited with Catherine E. Bell); “Administrative Tribunal of Rouen, Decision No. 702737, December 27, 2007 (Maori Head Case)”, Editorial Notes (2008) 15 Int't. J. Cultural Prop. 223-226; “Claiming Material Culture: Human

Rights, Property Rights and Crimes Against Humanity” (February 2008) N.Z.L.J. 15-18; Professor Paterson also has an article forthcoming in

the Willamette Journal of International Law and Dispute Resolution.

Law 2008 (Toronto: Thomson Carswell, 2009) 315-354; “Risk allocation and efficient administration: System design and adherence to first principles in treatment of securities claims in insolvency proceedings” (2008) 22 Austl. J. Corp. L. 1-45; “Power, Discretion and Vulnerability,

Justice Wilson and Fiduciary Duty in the Corporate/Commercial Context” in Kimberley Brooks, ed. Justice Bertha Wilson: One Woman’s Difference (Vancouver: UBC Press, 2009) 56-73; “Drawing Aside the Corporate Veil: Director Liability in Canada” in H. Anderson, ed., Directors’ Personal Liability for Corporate Fault (London: Kluwer, 2008) 81-115; “Widening the Insolvency Lens: The Treatment of Employee

Benjamin Perrin, “Bill C-268: Minimum Sentences for Child

Claims” in Paul Omar, ed., International Insolvency Law: Themes and

Trafficking Needed” (March 12, 2009) Alta. L. Rev. Online Supplement;

Perspectives, (London: Ashgate, 2008) 295-334; “Selecting the Judicial

“Apprehension of Indicted War Criminals: Lessons from the Former

Tool to get the Job Done: An Examination of Statutory Interpretation,

Yugoslavia” in Roberta Arnold, ed., Law Enforcement in Peace Support

Discretionary Power and Inherent Jurisdiction in Insolvency Matters”

Operations (Leiden: Martinus Nijhoff, 2008) 139-155.; “Guns for

Annual Review of Insolvency Law, 2007 (Toronto: Carswell, 2008)

Hire—With Canadian Taxpayer Dollars” (2008) 6:3 Human Security

41-95 (with Madam Justice Georgina Jackson, Saskatchewan Court

Bulletin 5-7.; “Humanitarian Assistance and the Private Security

of Appeal).

Debate: An International Humanitarian Law Perspective” in Liu Institute for Global Issues & Canadian Red Cross, On the Edges of Conflict (Ottawa: Canadian Red Cross, 2008); “Searching for Law While Seeking Justice: The Difficulties of Enforcing International Humanitarian Law in International Criminal Trials” (2008) 39 Ottawa L. Rev. 367-403.

Sharon Sutherland, “Margaret Atwood's Oryx and Crake: Canadian Post-9/11 Worries” in Cara Cilano, ed., From Solidarity to Schisms: 9/11 and After in Fiction and Film from Outside the US (Amsterdam:

Rodopi, 2009) 219-235; “‘The Alliance Isn’t Some Evil Empire’: Dystopia in Joss Whedon’s Firefly/Serenity” in Rhonda Wilcox & Tanya Cochran, eds., Investigating Firefly and Serenity: Science Fiction on the Frontier

Janis Sarra, Bankruptcy and Insolvency Law of Canada, 4th ed.,

(New York: I.B. Tauris, 2008) 89-100 (with Sarah Swan); “Crossin’

(Toronto: Thomson Reuters, 2009), 2 vols., 2790 pp; Employee and

the Line”: Law, Morals and Ethics on Grey’s Anatomy in Cynthia

Pension Claims During Company Insolvency: A Comparative Study of 62

Burkhead & Hilary Robson, eds., Grace under Pressure: Grey’s Anatomy

Jurisdictions (Toronto: Carswell, 2008) 499 pp; The 2009 Annotated

Uncovered (Newcastle: Cambridge Scholars Publishing, 2008) 68-82

Bankruptcy and Insolvency Act, (Toronto: Carswell, 2008), 1629 pp.;

(with Sarah Swan).

Editor, Annual Review of Insolvency Law, 2008 (Toronto: Carswell, 2009), 604 pp; “Economic Rehabilitation: Understanding the Growth

in Consumer Proposals under Canadian Insolvency Legislation” (2009)

Joe Weiler, with Arun Mohan, “2010 Olympics: Aiming for Sustainable Development” (February 15, 2008) 27:38 Lawyers Weekly 13.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 33


Guest Lectures, Panelists, Presentations, Conferences, Workshops

Association Annual Conference, Congress of Humanities and Social

Natasha Affolder presented “Defining Sustainability,” Loyola

changed the way we think about feminist theory,” Interdisciplinary

University Chicago School of Law, International Environmental Law

Ideas Commons: Feminist Legal/Socio-Legal Workshop, Carleton

Symposium (February 2009); presented “The Private Life of

University, May 2009; presented “Confronting Gendered Violence:

Environmental Treaties,“ Faculty of Law, University of Ottawa (February

Canada’s International Responsibilities in the Family Law Context,”

2009); gave a plenary presentation on “Environmental Contracts

The Universal Declaration of Human Rights: 60 Years Later—

in Mining Projects: Rescuing Contract Law from Corporate Social

A Conference to Commemorate the 60th Anniversary of the United

Responsibility,” IUCN Academy of Environmental Law Colloquium

Nations Universal Declaration of Human Rights,” Trudeau

Sciences, Carleton University, May 2009; presented “Writing that has

(November 2008, Mexico City); presented ”The Private Life of

Foundation/Association of Canadian Studies, McGill University,

Environmental Treaties,” Canadian Council on International Law

December 2008; presented “Living Your Difference: Lesbian

Annual Meeting (October 2008, Ottawa); presented “The Implications

Mothers and the Challenge of Family Recognition,” University of

of Environmental Treaties for Natural Resource Companies,”

Victoria Law School Equity Day in March 2009.

Natural Resources Knowledge Network, Natural Resources Canada (September 2008, Ottawa); presented ”Is International Law an Effective Eco-Lobbying Tool?“ at the American Society of International Law Annual Meeting (April 2008, Washington, D.C.). Dean of Law Mary Anne Bobinski was a Plenary Panelist on “The Goals and Objectives of Law Schools Beyond Educating Students: Research, Capacity Building, Community Service” panel at the International Association of Law Schools Conference in Canberra, Australia (May 2009); presented “The U.S. Perspective on the Health Insurance

Debate in Canada” at the University of Alberta Health Law Institute in February 2009; presented “Health Care Reform in Canada and the U.S.”

Douglas Harris presented “Fishing for Principles: Fisheries Laws and Aboriginal Rights on Canada’s Pacific” at the Sami Rights in Coastal Landscapes and Seascapes Conference in Tromso, Norway, in April 2009. Michelle LeBaron gave keynote addresses at the Wisconsin Association of Mediators, the Alberta Arbitration and Mediation Society, and the International Ombudsman Association in Spring 2009, and gave the final address at the Harvard University Program on Negotiation Conference on mediation pedagogy. She also attended an invitational meeting in Switzerland on conflict transformation in political conflicts with religious dimensions.

at University of Toronto Faculty of Law for the Health Law and Policy Conference (November 2008).

Shigenori Matsui gave a talk on “Protection of Copyright on the Internet in Japan,” at Boalt Hall Law School, University of California

While on study leave, Professor Ronald Davis taught “Starting Over:

at Berkeley, in March 2009.

Labour and Pension Law in Restructuring the Insolvent Enterprise” for the LL.M. PDP program in Labour Law at Osgoode Hall Law School,

Robert Paterson presented a report on the protection of cultural

York University, in April 2009; panel presentation at the “Pension

heritage in Canada at the Inaugural Thematic Congress of

Issues and Pension Reform in Insolvency and Restructuring

the International Academy of Comparative Law in Mexico City in

Proceedings” panel at the Ontario Bar Association’s Continuing Legal

November 2008; in March 2009 he moderated a panel entitled

Education program entitled “Building Bridges: Discussing Labour

“Recent Developments in NAFTA” at the International Law-Weekend

Issues in Restructuring Proceedings” in Toronto in April 2009;

West event of the American Branch of the International

in May 2009, gave a panel presentation in Ottawa at the Canadian

Law Association at Willamette University in Salem, Oregon.

Business Ethics Research Network SRI Cluster Workshop “Responsible Investment, Ethics and the Global Financial Crisis.”

Janis Sarra was the Keynote Conference Speaker at the National Conference of Australian Corporate Law Professors Association

In November 2008, Robin Elliot, QC, participated in the CIAJ

in Sydney Australia, 2008. She presented “Risk Allocation and Efficient

Symposium Celebrating the Contribution of the Right Honourable

Administration: A Comparative Analysis of the Treatment of Equity

Antonio Lamer at the Université de Montreal Faculty of Law;

Securities Claims in Insolvency.”

served as a panelist at the UBC National Centre for Business Law Symposium “The Future of Canadian Securities Regulation? The Expert Panel Report” in Vancouver in February 2009.

Sharon Sutherland co-presented “Sometimes you have to… compromise: Lilah as Lawyer,” at the bi-annual Slayage conference in Arkadelphia, Arkansas. The presentation has been accepted as

Fiona Kelly presented “Children’s Rights, Fathers’ Rights or Mothers’

a chapter in an upcoming book on Angel and Literature; she also

Safety? The Rise of Supervised Access in Canadian Family Law” at the

co-presented “‘[Y]ou wouldn’t believe the crap people let me

Western Canadian Emerging Scholars Workshop, University of

get away with’: Intentional Torts as Good Medicine on House,” at the

Manitoba, May 2009; presented “Autonomous Motherhood: the

Popular Culture Association/American Culture Association Conference,

Emergence of Single Mothers by Choice,” Canadian Law and Society

New Orleans, April 2009.

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UBC LAW ALUMNI MAGAZINE

| Winter 2010


Pitman B. Potter received a $2.5 million Major Collaborative Research Initiative (MCRI) grant from SSHRC. Joe Weiler has been named head of the Canadian Law Admissions Group (CLASSI) and will act as a representative to the Law School Admissions Council Board. Margot Young is Co-Investigator on the Community University Research Alliance project “Reconceiving Human Rights Practice for a New Social Rights Paradigm.” The project was awarded $1 million Emma Cunliffe

Michael Jackson

from SSHRC over five years which began in April 2009. In May 2009 she

In May 2009, Margot Young presented at the Canadian Council for

received a $5,000 grant from the Foundation for Legal Research for

Social Development’s Social Forum in Calgary on the panel “Making

equality law research.

Common Cause and Effecting Real Change: Advocating for Poverty Reduction in Alberta and British Columbia” on aspects of the recent CCPA-BC report A Poverty Reduction Plan for BC published in 2008

by the B.C. Office of the Canadian Centre for Policy Alternatives. Professor Young co-authored the report, which is available online at http://www.policyalternatives.ca.

Other Faculty News In recognition of being named publisher of the year at the Canadian Booksellers Association’s 2008 Libris Awards, Penguin Canada re-released its top six Canadian-authored non-fiction books of the last ten years in special retro-designed editions. Among these books, rebranded under the banner “Penguin Celebrations,” is The Corporation

Grants and Awards For 2009–2011, Natasha Affolder received a $20,000 Law Foundation of British Columbia grant for the project “Contracting for Biodiversity Protection” (competitive grant competition).

by Joel Bakan. Emma Cunliffe defended her Ph.D. dissertation “Making the case? Law, Science and Motherhood in R. v. Kathleen Folbigg” on May 14, 2009. Following her defense she travelled to Ottawa to attend

Dean Mary Anne Bobinski was nominated for a YWCA Vancouver

the Congress of Social Sciences and Humanities, where she presented

Women of Distinction Award in 2009.

a paper on her research into forensic pediatric pathology and

Douglas Harris received an “Honorable Mention” citation from

criminal trials.

the British Columbia Historical Federation for his book Landing Native

On May 23, 2009, Innocence Project Director Tamara Levy,

Fisheries: Indian Reserves and Fishing Rights in British Columbia,

Lecturer Nikos Harris (’95), and law students Tony Paisana and Karn

1849-1925 (Vancouver: UBC Press, 2008).

Manhas presented a seminar on wrongful convictions at the

Professor Michael Jackson received the prestigious Ed McIsaac Human Rights in Corrections Award. The award was established to

UBC Alumni Weekend.

During the past year Robert Paterson has served on the two remain-

commemorate the work and dedication of those who have

ing NAFTA Chapter 19 panels arising out of the long-running softwood

demonstrated a lifelong commitment to improving Corrections

lumber trade dispute between the United States and Canada. Paterson

and protecting the human rights of the incarcerated.

was in Geneva, Switzerland, in June to attend a meeting of the

Jackson was also the winner of the Teaching Excellence Award at the 2009 Graduate Dinner. This important award constitutes much-deserved recognition of his commitment to excellence in education and to the success of his students. Michelle LeBaron received a SSHRC standard research grant for “Dancing at the Crossroads.” The project investigates dance and narrative as ways of fostering dialogue across cultural divides. On June 16 Assistant Professor Benjamin Perrin was one of nine individuals worldwide recognized as “Heroes in the Fight Against Modern-Day Slavery.” The award is presented as part of the annual global Trafficking in Persons report released by Hillary Clinton, U.S.

Cultural Heritage Law Committee of the International Law Association (ILA). He was re-elected as a director of the Canadian Branch of ILA

and presented a working paper on the relationship between international trade law and cultural heritage law. Pitman B. Potter has been named a Senior Fellow of the Asia Pacific Foundation of Canada. Dr. Potter joins five other Senior Fellows who lend their expertise to the foundation. Janis Sarra and Madam Justice Mary V. Newbury, British Columbia Court of Appeal (’74) received awards for “Leadership in Women in Business and the Law” from the American Bar Association at its annual convention which was held in Vancouver.

Secretary of State. Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 35


Student

MATTERS

UBC Law attracts some of the best law students in

Canada, many of whom are recognized with academic scholarships, awards, and prizes. In addition, students enjoy a vibrant social network of activities and events. The following is a sample of some of our students’ recent accomplishments.

2 0 0 8 - 2 0 0 9 MOOTS The Faculty of Law at UBC is pleased to announce

UBC/UVic Moot

Gale Cup Moot

the results of the 2008 – 2009 Competitive Mooting

Sponsored by Davis LLP

Sponsored by Fraser Milner

Season. Special thanks to the law firms and individuals who make our participation in these

TEAM:

Rochelle Pauls,

Casgrain LLP Graham Kosakoski,

Tony Paisana, Dan Getz,

TEAM:

Peter Millerd, Neal Kansy

Kendra Naidoo, Colleen McLeod,

competitions possible, and congratulations to all

ADVISORS:

for another successful season.

Elizabeth Edinger

ADVISORS:

Winners of the Begbie Trophy

Isabel Grant

Joost Blom, QC;

International Counselling

Aboriginal Kawaskimhon Moot

Canadian Corporate/

Competition

Sponsored by Mandell Pinder

Securities Moot

Sponsored by Douglas Cochran

TEAM:

TEAM:

Jeanna Harnden, David Wells

Jarrett Plonka,

Jennifer Poirier, Tamra Meshel, Victor Barta ADVISORS:

Rosalind Campbell,

COACH:

Mandell Pinder

ADVISORS:

Douglas Cochran,

Toiressa Jesperson

Gordon Christie,

Bruce Stadfeld Canadian National Mediation

ABA Negotiation Competition

Advocacy Competition

Sponsored by Fraser Milner

TEAMS:

Casgrain LLP

Dia Montgomery; Daniel Loutfi

TEAM:

Andrew Gray, David Volk

ADVISORS:

Fraser Milner

Jesse Desilets and

Sponsored by Borden Ladner Victor Barta, Rong

Sharon Sutherland

Owen James

Both teams placed as

Kosakoski and Naidoo won individual oralist prizes

Sponsored by Fasken Martineau DuMoulin LLP

Matthew Smith, Chris Walker

TEAM:

ADVISOR:

Mary Childs

Jonathan Duckles,

Sarah Kalil, Kaitlin McKinnon,

Placed third overall with

Anthony Purgas, Jennifer Wong

joint third place standing for

COACHES:

their factums

Kelly Keenan ADVISOR:

Tina Cicchetti, Karin Mickelson

Award for fourth

John Kleefeld,

Casgrain LLP, Jim Schmidt,

Placed third overall;

(Lauren) Liang, Elicia Salzberg,

and Jaime Sarophim ADVISORS:

Janine Benedet,

Jessup International Moot

Gervais LLP TEAM:

John Nelson

place memorials

semi-finalists Rochelle Pauls (UBC/UVic Moot)

36

UBC LAW ALUMNI MAGAZINE

| Winter 2010

Dan Getz (UBC/UVic Moot)

Tony Paisana (UBC/UVic Moot)


The Hon. Judges

Mathews Dinsdale and Clark

COACHES:

Labour Arbitration Competition

Joanne Challenger, Ellen Gordon,

Sponsored by Harris and

Jocelyn Palmer, Herbert Weitzel;

Company and Victory Square

lawyers Joe Doyle, Richard

Law Office

Fowler, Chris Johnson, Tara

TEAM:

Parham Peiroo,

ADVISORS:

Jim MacIntyre, QC;

Ryan Anderson, Gradin Tyler

Sponsored by McCarthy Tétrault LLP Mike Fink, DJ Larkin,

Claire Sung, Jennifer Vallance,

The Hon. Judges

Conni Bagnall, Tom Crabtree, Carol Baird Ellan Laura McPheeters,

WINNERS:

George Roper Western Canada Moot

David Volk ADVISORS:

Bill Black,

(MacIntyre Cup) Sponsored by Jim MacIntyre, QC

Mary Liston Oxford International Intellectual Property Moot Sponsored by Oyen Wiggs TEAM:

Sandra Watson JUDGES PRESIDING ON THE CASE:

Laskin Moot

TEAM:

Laker, Matt Nathanson, Michele Peacock, Patti Tomasson,

Jason Banack

Catherine Newnham,

Jarrett Plonka RESEARCHER:

Mike Reid

RESERVE:

Bruno Godin

ADVISOR:

Mira Sundara Rajan

TEAM:

Laura McPheeters,

George Roper ADVISOR:

Christine Boyle

COACHES:

Karima Andani,

the Sopinka Cup Sopinka Cup Moot Sponsored by

Matthew Canzer

The Advocates Society

Semi-finalists

TEAM:

Sponsored by S.R. Chamberlain, QC; Richard CC Peck, QC; and

Michael Tammen COMPETITORS:

Aaron Burns,

Christina Cook, Rebecca Hockin, Anthony La Bar, Margaret Mackie, Preston Parsons, Laura McPheeters, George Roper ADVISORS:

Christine Boyle,

Karima Andani

McPheeters and George Roper

Placed second. Advanced to

ASSISTANT COACH:

Peter Burns Moot

2009 Sopinka Cup winners Laura

Richard Cairns, QC

Laura McPheeters,

George Roper ADVISOR:

Christine Boyle

COACHES:

Karima Andani,

Patti Tomasson Winners of the 2009 Sopinka Cup. McPheeters received award for Best Cross-Examination.

First Nations Legal Studies Program

the Law Review will publish

In the winter of 2008, Andrea

sented at the McGill University

a special volume of articles pre-

Hilland (’03) was appointed

symposium, “Tracking Our Fiscal

Associate Director of the First

Footprint: Assessing the Impact

Nations Legal Studies Program.

of Conventional International

Hilland comes to the Faculty

Tax Standards on Low-Income

from West Coast Environmental

Countries.” The Table of

Law where she worked in

Statutory Limitations was

forestry law and land use

revised and expanded

planning. Before that she

significantly last year and now

was a staff lawyer and

includes the limitation acts

managing lawyer with EAGLE

of every province, making it an

(Environmental-Aboriginal

excellent resource for lawyers

Wilson Moot

Guardianship through Law and

throughout Canada. Editor-in-

Sponsored by Heenan Blaikie LLP

Education) for several years.

Chief Alexander Cooke (Law III)

TEAM:

encourages all UBC Law Review

Kaity Cooper,

Keith Evans, Ava Murphy,

UBC Law Review

alumni to reconnect with each

Ted Murray, Zara Rahman

This year marked the 70th

other and the journal. One

anniversary of Legal Notes, the

way is to join the new ”UBC Law

Margot Young

illustrious predecessor of

Review” group on Facebook.

Won first place in the

the UBC Law Review. This fall,

ADVISORS:

Robin Elliot, QC,

Factum competition Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 37


Message from Ted Murray, Law Students’ Society President I write to you from amidst a large pile of cardboard boxes in Room 161 of the Curtis Building, as I attempt to pack up decades’ worth of Law Students’ Society files, furniture and other accumulated odds and sundries. It is certainly an exciting and busy time here at UBC Law as we clear out in preparation for the Faculty’s new home. This year was a terrific year for the students of UBC Law. In the competitive moots, UBC students represented the school very well. Noteworthy accomplishments are the return of the

L-R: Professor and NCBL Director David Duff, Mario Rubio, Professor Cristie Ford, former NCBL Co-Director

Begbie Trophy to UBC from the UBC/UVIC moot and George Roper

BORDEN LADNER GERVAIS

Yun Li graduated in 2008 with a

and Laura McPheeters’ triumph in the Sopinka Cup national

LLP RESEARCH

B.A. (Honours) in Psychology

FELLOWSHIP RECIPIENTS

from the University of British

Claire Immega and Yun Li

Columbia and received the

had a full calendar with traditional annual favourites such

are the 2009 recipients of the

Governor General’s Silver Medal

as the Salmon BBQ, Boat Cruise and, of course, the Trike race.

Borden Ladner Gervais

for the highest academic

Fellowship. The fellowship funds

standing in the Faculty of Arts.

two students to work with

Yun received the Wesbrook

mock trial competition. On the social side of student life, we

There was also a trend of trivia contests between students and Faculty which tested who had real smarts outside the

members of the Faculty for four

Scholar designation and the

legal realm.

months over the summer.

Strother Family Entrance

The Law Students’ Society would like to thank the alumni who

Claire Immega graduated from

were involved in student life this year, whether judging and

the University of Toronto in 2006 with a B.A. (Honours) in

coaching moots, visiting as guest speakers or mentoring students

Political Science and Latin

through the CBA. Your time and contributions play a vital part

American Studies. She is the co-

in supporting the community atmosphere at UBC Law and will be

director of the Law Exposure

appreciated more than ever over the next two years while we are in swing space.

Opportunity (LEO), a high-school legal outreach program, and an executive member of Law Students for Choice and the Social Justice Action Network.

Scholarship on entering the first year Law class. She is LSS VP for Student Affairs and

volunteers as clinic head at the Richmond LSLAP clinic. Yun worked with Professor Emma Cunliffe on her project entitled, “The trouble with science: Law, science and criminal responsibility.” AURIOL GURNER YOUNG

women in the financial profes-

She also volunteers with

Peggy Lee (’09) and Dia

sion. In 2009 they established

West Coast LEAF. Claire worked

Montgomery were selected to

with the National Centre for

with Professor Joel Bakan on

share the third annual Auriol

ASSOCIATION OF

Business Law (NCBL) an annual

his book and documentary film

Gurner Young Memorial Award

WOMEN IN FINANCE

$1,500 scholarship to be awarded

entitled Childhood Limited:

in recognition of their feminist

SCHOLARSHIP IN LAW

to an outstanding Business Law

The Corporate Assault on

contributions at law school

The Association of Women in

concentration student.

Children and What We Can

and the community at large.

Finance is an organization

The 2008-2009 recipient of the

Do to Stop It.

The Steering Committee of

that encourages and supports

award is Mario Rubio.

Individual Awards and Accomplishments

38

UBC LAW ALUMNI MAGAZINE

| Winter 2010

the Centre for Feminist Legal Studies adjudicated the award.


MARLEE G. KLINE

Justice Institute of BC, and was

PH.D. CANDIDATES

NEHRU HUMANITARIAN

ESSAY PRIZE

the 2008 recipient of the

RECEIVE ACADEMIC

FELLOWSHIP

Dia Montgomery is the

prestigious Nestor Korchinsky

APPOINTMENTS

Ph.D. candidate Pooja Parmar

recipient of the 2009 Marlee G.

Student Leadership Award.

On July 1, 2009 David Milward

received this year’s Nehru

joined the Faculty of Law at the

Humanitarian Fellowship.

University of Manitoba as an

The Centre for India and South

assistant professor. He will teach

Asian Research awards the

Kline Essay Prize. The prize is awarded for the best student research paper examining intersectional feminist analysis.

WESBROOK SCHOLARS

Eileen Keast and Melania Cannon received the Wesbrook Scholar designation for 2008.

RAYMOND G. HERBERT

This is one of UBC’s most

AWARD

prestigious designations given

Geoff Rawle is the winner of

to senior students with out-

the Raymond G. Herbert

standing academic performance,

Award for 2009. This award goes

participation in sports, leader-

to the student judged by a

ship, and involvement in

committee of fellow law students

student and community activities.

year. A community leader at the law school, Geoff participated in numerous clinics and moots, and strove to foster a queerpositive environment through activities such as the Law & Sexuality seminar. He was also

a UBC Senator, an active participant in LSLAP and an active volunteer for a variety of community organizations.

research on Charter rights and

promising research on a topic

Aboriginal approaches to justice.

related to South Asia. Parmar

David has been a member of

was chosen by an inter-

UBC’s graduate student commu-

disciplinary committee of UBC faculty members based on her dissertation prospectus, to

Christie as his supervisor, David

be written with Professor

is nearing the completion

Wes Pue’s guidance, which out-

Graduate Student Updates

of his Ph.D. dissertation, “Raven

lines her proposed study

Grows New Feathers: Realizing

of “Plachimada’s Right to Water:

VANIER CANADA

Contemporary Indigenous

Legal Norms in Subaltern

SCHOLARSHIP

Visions of Justice in Canada

Spaces.” This award is made

Kurt Mundorff is one of 17

through a Culturally Sensitive

possible by a grant from

UBC doctoral students who

Interpretation of Legal Rights.”

the Goel Foundation in the

received an inaugural Vanier Canada Scholarship, the Canadian equivalent of a Rhodes scholarship in the U.K. and a Fulbright scholarship in the U.S. Mundorff is also a UBC Law LL.M graduate. The winners

RE-ELECTED TO UBC

receive $50,000 a year for up to

BOARD OF GOVERNORS

three years to support their

Bijan Ahmadian was re-elected

graduate studies. Mundorff’s

to the UBC Board of Governors

work is focused on an analysis

for a second term during the

of the Genocide Convention

2009 AMS elections held in early

and the forced removal of

February. Ahmadian came to

Doukhobor children in British

UBC in 1998 as an international

Columbia in the 1950s. His

student and earned a degree

project supervisor is Professor

in Engineering Physics. He also

Karin Mickelson.

Negotiation and Conflict

uate student with the most

nity since 2004. Working with

LAW STUDENT

received a certificate in

grant annually to the UBC grad-

Aboriginal law and continue his

Associate Professor Gordon

to be the best all-around graduating student in a given

in the areas of criminal and

Anastasia Telesetsky joined the

memory of Prem K. Goel.

University of Idaho School

SSHRC AWARD WINNERS

of Law in Moscow, Idaho, as an

Asha Kaushal

assistant professor. She will

Robert Russo

teach international law and international environmental law and has plans to develop a seminar on climate change and law. Anastasia hopes to combine her interest in science and law to promote better regulatory and market mechanisms to address global environmental concerns.

UNIVERSITY GRADUATE FELLOWSHIP AWARD WINNERS

John Ferguson Irehobhude Iyioha Jalia Kangave Jeewon Min Claudia Oboniye Pooja Parmar

She is currently completing

CORDULA AND GUNTER

her LL.M. thesis under the

PAETZOLD FELLOWSHIP

guidance of Associate Professor

Husam Hawa

Shi-Ling Hsu.

Donald McIntyre

Resolution after completing a three-year program at the

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 39


Alma M AT T E R S

Here we highlight events, activities and achievements of our more than 8,000 alumni. If you have something you’d like us to include, email us at alumnieditor@law.ubc.ca.

AWARDS AND DISTINCTIONS George Tsiakos (’02, LL.M. ’06, UBC M.L.I.S Candidate) was presented

with the Diana M. Priestly Memorial Scholarship at the Canadian Association of Law Libraries annual meeting in May 2009. This award was established The Right Honourable Kim Campbell, PC CC QC

Margaret Ostrowski, QC

The Honourable John A. Fraser, PC OBC QC

in honour of the late Diana M. Priestly, a distinguished Canadian law librarian, in recognition of her

Lyall Knott, QC (’72), a partner

Women in Business and

at the Alumni Achievement

contribution to law librarianship

at Clark Wilson LLP in Vancouver,

the Law from the American

Awards for his lifelong commit-

to support professional develop-

has been appointed Honourary

Bar Association at its annual

ment to the political and public

ment in the field. Tsiakos currently

Captain of Canadian Fleet

convention in Vancouver.

community and for his tireless

works as a research librarian at

efforts in sustainability and

Bull, Housser & Tupper LLP and as

environmental protection.

a law classification analyst at

Pacific. There are only 10

Margaret Ostrowski, QC (’79)

honourary captains in the Canadian Navy and appointees carry responsibilities within the Canadian Forces, including developing and promoting community support for their unit, establishing unit relationships with local charities,

received a 2009 YWCA Vancouver

The Right Honourable Kim

in the Business and the

Campbell, PC CC QC (’83) received

Yasmine S. Mehmet ('90) is the

Professions category. The awards

the Alumni Award of Distinction

recipient of the California State

program honours, encourages

for her outstanding leadership

Bar 2009 President’s Pro Bono

and recognizes women whose

and countless accomplishments.

Service Award (solo and small

outstanding activities and achievements contribute to

providing expertise in their

the health and future of

associated vocations, and attending ceremonies, parades, and other events. Madam Justice Mary V. Newbury, British Columbia Court of Appeal (’74) received an award for Leadership in

the community.

practitioners category). Mehmet currently works as a family law lawyer in San Francisco.

extraordinary leadership 250,000 alumni.

On November 10, 2009 The Honourable John A. Fraser, PC OC OBC QC (’54) received the

Lifetime Achievement Award

based alumni positions created by the University’s VP for Development and Alumni Engagement to help build university-wide capacity to engage alumni. Janine has had several roles with the Faculty’s external relations team since 2004. She welcomes your thoughts about how to best support current alumni initiatives as well as new ways the Faculty can reach out to our graduates. She can be reached at jroot@law.ubc.ca or

| Winter 2010

Eagles Volunteer Award for his in support of UBC’s more than

Alumni Relations Manager. This position is one of four new faculty-

UBC LAW ALUMNI MAGAZINE

QC (’73) received the Blythe

ACHIEVEMENT AWARDS

The Faculty of Law welcomes Janine Root to the position of Senior

40

The Honourable Grant Burnyeat,

UBC ALUMNI

SENIOR ALUMNI RELATIONS MANAGER

604-822-2584.

the UBC Law Library.

Women of Distinction Award

LEADERSHIP IN WOMEN IN BUSINESS AND THE LAW Teresa Budd, Blakes LLP, Vancouver; Dr. Janis Sarra, UBC Law; Melanie Emmons Damian, Damian & Valori LLP and Chair of the ABA section, Miami; and Madam Justice Mary Newbury, British Columbia Court of Appeal


Sholto Hebenton, QC, Joanne Silver, and then-Chief Justice Donald Brenner at the Spring Faculty Reception

Lisa Peter and Professor John Hogarth at the Spring Faculty Reception

2009 EVENTS 2009 SPRING FACULTY RECEPTION

The Faculty of Law held a reception on May 12 to thank the many volunteers who provide invaluable help at events or on special projects, and who made 2008/2009 such a successful year for the law school.

Bobinski and association

More than 120 people including

their gratitude for his contribu-

Mentors, coaches, judges, and

President Sandra Dick (’89)

family, friends, colleagues, UBC

tions to the university and

participants in the moot

visited with Vancouver Island

dignitaries, and UBC Law alumni

beyond. Dr. Scow’s address

competitions joined adjunct

alumni, discussed plans for

honoured Dr. Scow’s accomplish-

conveyed anecdotes of his

faculty, guest lecturers,

the new law school building,

ments. UBC President Professor

trailblazing career in law. Now

advisory committee members

and provided an update

Stephen Toope and UBC Law Dean

retired, he continues to serve

and others for an evening

on developments at UBC Law.

Mary Anne Bobinski expressed

Aboriginal and First Nations

of spirited conversation, live jazz, and refreshments at the Law Courts Inn. The Faculty is grateful to those who volunteered their talents and time to enrich the learning experience of our students.

communities and UBC.

ALFRED SCOW EVENT

In June 2009, UBC celebrated a distinguished alumni —Alfred Scow (LL.B.’61, LL.D.’97), the first

RECENT APPOINTMENTS

Aboriginal person to receive a

The Faculty would like to congratulate the following alumni on

Bachelor of Laws in British

their recent appointments:

Columbia, practice law and be

2009 NANAIMO

appointed to the Provincial

BRITISH COLUMBIA

QUEEN’S COUNSEL

ALUMNI RECEPTION

Court. Dr. Scow is credited for

COURT OF APPEAL

Ross Collver (’60)

On April 28, the UBC Faculty

his role in educating non-

The Honourable

Brian E. Abraham (’70)

of Law and the Nanaimo City

Aboriginal people about the

Bar Association invited alumni

legal, cultural, social, and histor-

to attend a dinner reception

ical issues facing First Nations.

in Nanaimo. Dean Mary Anne

Elizabeth A. Bennett (’81) SUPREME COURT OF BRITISH COLUMBIA

The Honourable Hope C. Hyslop (’66) The Honourable Alfred Scow

Bruce M. Greyell (’67) The Honourable Robert J. Sewell (’71) The Honourable John S. Harvey (’77) The Honourable Peter G. Voith (’80) The Honourable Frits Erik Verhoeven (’82) The Honourable

John Carpenter (‘79), Dean Mary Anne Bobinski, Diane Ross (’89), Master Alan Patterson (’63), Graham Reid (’68), Allan Watson (’64), and Sandra Dick (‘89) in Nanaimo

Bruce Johnstone (’72) Robert David Standerwick (’76) Robert D. Punnett (’77) Sherman (Frank) Carson (’77) Mark K. Levitz (’78) Kenneth Graham Downing (’79) Gary Paxton Weatherill (’79) Cheryl Jolyn Tobias (’80) Gordon Charles Weatherill (’80) David Porter Church (’82) Alison Lynn Murray (’82) James William Lees (’83) James Swales (’83) Jeffrey Glenn Hoskins (’83) Brian Shaw (’86) Janet L. Winteringham (’91)

Neill Brown (’74)

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 41


REUNION REPORTS

Class of ’66 R I G H T: UBC Law Class of ’66 and

guests including Lord Justice (Professor) Anthony Hooper and Lady Fiona Hooper; former Professors Leon Getz, QC, Jim MacIntyre, QC, Tom English, Terry Ison, and Don MacDougall; and current Professors Tony Sheppard, Liz Edinger, and Professor and former Dean Joost Blom, QC

Len Doust, QC and Greg Morley in deep discussion

Bill McLaws, John Ewert and Roger Webber, QC debating “In Re Polemus”?

The “Class Judiciary”— Cunliffe Barnett, Selwyn Romilly, Ed Chiasson, Norm Mackie, Hope Hyslop, Wally Oppal, Lord Justice Hooper, Randall (Buddy) Wong (missing is Derek Gillis)

1966 Law School Seven a Side

CLASS OF ’63

Former Professor Leon Getz, QC

The book was used by Professor

BC. Twenty-eight classmates

The Class of ’63 held its 45th

introduced guest speaker former

MacIntyre’s father, Dr. Malcolm

first reunited Thursday evening

reunion at VanDusen Gardens on

Professor Lord Justice Anthony

MacIntyre. During dinner,

with a “meet and greet” on

April 17, albeit one year later.

Hooper of the Court of Appeal

Len Doust, QC also received

a private patio overlooking

for England and Wales. Justice

special acknowledgement

Okanagan Lake at the Delta

Hooper gave a humorous

for receiving the Lawyers

Grand Okanagan Resort.

address on the “Evolution of

Helping Lawyers 2009 Award

Judicial Garb since Gilbert and

from the Lawyers Assistance

Sullivan” followed by more

Program of BC.

CLASS OF ’66

The Class of ’66 celebrated its 43rd reunion on June 19. Twenty-

five attendees gathered for a lunch held at the University Golf Course, followed by a lecture and tour of the George F. Curtis building. Professor and former

Rugby Team attendees: Jon Fladgate, Lord Justice (Professor) Tony Hooper, Brooke Campbell, Rick Lyle, Skooke Roberts, QC

sobering comments on “Judicial Reform in the United Kingdom.” In appreciation of his contribu-

On Friday guests could opt for a game of golf or bike tour of the Kettle Valley Railroad Trestles

The evening was superb, with

above Kelowna, followed by a

many friendships reconnected

dinner cruise on Okanagan Lake.

and warm memories shared.

During the day on the Saturday,

Dean Joost Blom, QC later con-

tions to Canada, the legal

Plans are underway for the 50

attendees chose between golf

vened a seminar on “Contracts

profession and judiciary, The

anniversary reunion in 2016.

or winery tour. The reunion con-

and Torts Since 1966.”

Honourable Wally Oppal was

More than 100 classmates and guests, many from out of town, later attended a dinner at the Terminal City Club in Vancouver.

presented with an annotated text book on Jurisprudence by Gary Lauk, QC and Emeritus Professor and former Associate

th

CLASS OF ’69

On June 11-13, members of the Class of ’69 held their 40th anniversary reunion in Kelowna,

Dean Jim MacIntyre, QC.

Full reunion reports and pictures can be found at www.law.ubc.ca/alumni/reunions 42

UBC LAW ALUMNI MAGAZINE

| Winter 2010

cluded with a banquet at the Delta Grand, where plans were discussed for the 2015 reunion to be organized by the Alberta contingent of the class, and held in either at Banff or Jasper.


Class of ’69 Vince Kong, Tony Serka, Art Close

Peter Ramsay, Fred Reagh, Jim Miles

Joe Boskovich, Tony DuMoulin, Art Close, Lynne DuMoulin, Peter Ramsay, Dolores Ramsay, Marty Zlotnik, Christina Boskovich

Dolores Ramsay, Peter Ramsay, Margaret Kalyk, John Hannah

Joe Boskovich, Marilyn Burris, Bill Burris, David Norton

Tony Serka, Cindy Macdonald, Webb Macdonald, Helen Miles, Jim Miles, Kathy Hannah, John Hannah

Carol Powlett Pepper, JJ Camp, Peter Braund, Art Close, Melina Buckley

Peter Linley, Peter Braund, Vince Kong, David Norton, John Hannah (standing), JJ Camp, John Norton, David Humphries

Richard (Rick) Sugden, QC, a

Conference and GATT, and assis-

as director of the Center for

Franck received the Christopher

1973 graduate of UBC Law,

tant under-secretary and

International Studies until his

Medal for Resignation in Protest,

passed away at his home in

legal adviser to the Department

retirement in 2002.

the Hudson Medal of the

Irvine, Calif., on January 5, 2009.

of External Affairs.

IN MEMORIAM

Mr. Sugden began his law

In addition to his scholarly and

Dick Gosse (’84) died November

teaching activities, he also

18, 2008. After stints in private

acted as legal adviser or counsel

practice in British Columbia and

to several foreign governments,

teaching law at Queen’s

acted as an advocate before

University, Gosse was chosen

the International Court of

J. Alan Beesley (’50), who had

by Roy Romanow to be

Justice, served for six years as

a distinguished career with

Saskatchewan’s deputy attor-

director of the Carnegie

the Canadian foreign service,

ney-general in Premier

Endowment for International

passed away on January 22,

Allan Blakeney’s government.

Peace’s International Law

practice with Braidwood, Nuttall and MacKenzie and in 1988 formed the firm Sugden, McFee and Roos.

2009. He was 81. Beesley served

as Canada’s high commissioner to Australia, Papua New Guinea, the Solomon Islands and Vanuata Islands. He also served as ambassador to Austria, Canada’s first Ambassador for Disarmament, ambassador to the United Nations in Geneva and to the Disarmament

Professor Thomas Martin Franck (’53), an expert in international law, passed away on May 27 in his Manhattan home after battling cancer. After completing his LL.B., Franck earned a LL.M. from Harvard and a S.J.D. He joined the New York University School of Law Faculty in 1960, where he remained on Faculty and

Program, and was for two years director of research at the United Nations Institute for Training and Research. Professor Franck is past president of the

American Society of International Law and the Read Medal of the Canadian Council of International Law. He also received a Certificate of Merit for four of his books from The American Society of International Law, and was twice awarded a Guggenheim Fellowship. He also received honourary degrees from the University of British Columbia, the Monterey Institute of International Studies and Glasgow University.

American Society of International

The “In Memoriam” section is

Law and served as editor-in-

based on submissions provided to

chief of The American Journal of

the UBC Law Alumni Magazine

International Law 1984 to 1993.

Editor. If you have an announcement that you would like included, please contact the Editor at alumnieditor@law.ubc.ca Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 43


UBC LAW ALUMNI ASSOCIATION ALUMNI UBC LAW

or be an honourary

Professors Bertie McClean, QC

UBC LAW ALUMNI

ALUMNI ASSOCIATION

alumnus/alumna. This year’s

and Dr. Catherine Dauvergne

ASSOCIATION

ACHIEVEMENT AWARDS

Lifetime Achievement

(’95) received the Research

DISTINGUISHED

On May 7, the Law Alumni

Award was awarded to Martin

Awards. These awards recognize

SPEAKERS LUNCH

Association paid tribute to the

Taylor, QC (’62).

full-time faculty members whose

On October 30, The UBC Law

research achievements have

Alumni Association hosted

advanced the Faculty’s

Supreme Court of Canada

reputation as a leading research

Justice Thomas Cromwell as this

institution.

year’s speaker for the 2009

talents, achievements, and contributions of some outstanding UBC Law alumni. More than 240 guests gathered to honour this year’s recipients,

The Alumni Award of Distinction honours the outstanding achievements of a UBC Faculty of Law alumnus/alumna whose endeavours in the practice

Jamie Maclaren (’03) was pre-

of law, government service, the

sented with the Young Alumnus

judiciary, business, legal acad-

Award for his outstanding

eme, community service or other

endeavours in the practice of

areas have brought honour

law and for the significant

to the Faculty. The recipient may

mark he has made in the BC

not have received public

legal community by improving

The Lifetime Achievement Award

recognition for his or her

accessibility to legal services.

recognizes an extraordinary

endeavours but must have made

individual who has set a high

a significant contribution to

standard for volunteerism,

his/her field. The 2009 Alumni

philanthropy and/or professional

Awards of Distinction were

accomplishment, and who has

awarded to Trudi Brown, QC (’73)

set an example for all who

and Richard Peck, QC (’74).

who were presented with awards in four categories: Lifetime Achievement, Alumni Award of Distinction, Alumni Award for Research, and Outstanding Young Alumnus.

Annual Distinguished Speakers Fall Lunch. Every year alumni, faculty, and friends of the law school have the opportunity to hear renowned speakers from a variety of disciplines address a diverse range of issues. Previous speakers include the Rt. Hon. Chief Justice Beverley

All award recipients received

McLachlin, PC; UBC President

an original print created for the

Stephen J. Toope; and Brian

Law Alumni Association by

Burke, then-general manager of

Nuuchahnulth artist Joe David.

the Stanley Cup-winning

The Achievement Awards will

follow. The recipient must have a

be on hiatus in 2010. Nomination

degree from UBC Faculty of Law

forms for 2011 will be available at www.law.ubc.ca/alumni in fall 2010.

Anaheim Ducks. The 2009 lunch took place at the Vancouver Convention and Exhibition Centre, where Justice Cromwell presented “Lessons Not to Learn the Hard Way” to more than 200 alumni and friends.

Justice Jon Sigurdson, Gordon Weatherill, QC, and John Fraser

44

UBC LAW ALUMNI MAGAZINE

| Winter 2010

L-R: Justice Jon Sigurdson; Agnes Huang; Rod Urquhart; Dr. Catherine Dauvergne; Martin Taylor, QC; Trudi Brown, QC; Justice James Williams, The Honourable William Esson; Justice Bill Smart; Bertie McClean, QC; Richard Peck, QC; Madam Justice Lynn Smith; Jamie Maclaren; Dean Mary Anne Bobinski; and Ralston Alexander, QC


CLASS

notes

Keep in touch with your classmates! Send your updated news either by visiting www.law.ubc.ca/forms/class_notes/notes.html and filling in the online form or by mailing your news to CLASS NOTES, UBC Law Alumni Magazine, 1822 East Mall, Vancouver, BC, V6T 1Z1.

50s

Submitted by Bernie Baumgartel (‘59): “I am now old and aging. This is a translation I made from a German poem: That is the beauty of days yore You see things clearer than before The pleasures are not crass and shrill The pain is less, it does not kill You see things balanced and more even Your past mistakes and others’ too The Frantic world with its upheavals It leaves you calm and well secured All your achievements look just fine While your mistakes look not so bad. So this is now your final line A mild remembrance of years had.”

60s

John C. Armstrong, QC (’64) recently became counsel to Bennett Jones LLP, where he will continue his practice with the tax group in Calgary. Phil Elder (’65), retired Emeritus Professor of Law in the Faculty of Environmental Design, University of Calgary, is now president of the Calgary chapter of the Democratic Renewal Project. This organization hopes to persuade the Green, Liberal and New Democratic parties

PHIL ELDER

CELSO BOSCARIOL

of Alberta to stop splitting the opposition vote by negotiating a “non-compete” agreement and distributing exclusive candidacies in winnable constituencies.

70s

Submitted by Patricia Murphy (’78): “Howdy from Calgary! As of January 2007, Ross and I are back home in Alberta after having spent twoand-a-half years on the island of Cyprus. Ross was chief security adviser for the UN and I picked up a few contracts with the United Nations mission in Cyprus, too. We are delighted to be back in Canada. I am working full time for DND (in a military capacity) and doing a little law on the side. Ross is enjoying his work as the operations officer for an IT/security company with application in the oil patch. You are most welcome to visit!”

80s

Celso Boscariol (’81) was awarded the Order of the Italian Republic by Italy’s ambassador to Canada, Gabriele Sardo, in recognition of his

EVA VAN LOON

work in the Italian Canadian community. The award represents a knighthood which entitles the recipient to be referred to as Cavaliere dell’Ordine della Stella della Solidarietà (Knight of the Order of the Star of Solidarity). Celso is a partner of the Vancouver law firm of Watson Goepel Maledy LLP and is married to Anita Fuoco Boscariol (’82) who is director general of Negotiations West, Treaties and Aboriginal Government. Their daughters Angela Boscariol and Adriana Boscariol are recent UBC graduates. Submitted by Tom Johnston (’82): “I graduated from law school in ’82. My daughter Leneigh graduated in ’09. What a proud moment it was for me and Christine (her mom) when she walked up to accept her J.D. and shook hands with the President, the Chancellor, the Dean, and others. Wow! I missed my own grad as I had already moved to Summerland and was hard at work trying to keep our family of three afloat — who would have dreamt, eh?”

Eva van Loon (’84) recently won an award for her three-act drama, Just Shoot Me. She takes part in the reinvention of Powell River by establishing literary and literacy activities, practising cognition therapy, developing a new ADR tool particularly useful for small communities, and offering community publishing—when not delighting in the theatre adventures of daughter Jana, 23, at VIU Nanaimo. Just Shoot Me is scheduled to be on the boards in Nanaimo, Powell River, and Whitehorse at Christmas 2009 and will be published by Defy Gravity Productions, Nanaimo. Eva’s Powell River Live Poets’ Guild published Parallel: forty-nine Canadian poets speak to Obama this summer. Contact mettalaw@gmail.com for both publications. Paul Kowalyshyn (’85) was appointed a judge of the Ontario Court of Justice effective December 2008. Justice Kowalyshyn has been assigned to preside in Chatham, Ontario.

In January 2009, Anna Fung, QC (’84), former senior counsel and privacy officer of Terasen Inc., joined the legal department of Intrawest ULC in Vancouver to work with chief legal officer Stephen M.G. Richards (’85).

TOM JOHNSTON Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 45


a few years; we miss the city and all our friends who stayed.”

DAVID HALKETT

CHUCK REASON

LY N N C H A R B O N N E A U

NICOLE

SCOTT JOHNSTON

GARTON JONES

90

s

00

20

David Halkett (’91) became a partner at McQuarrie Hunter LLP on January 1, 2009.

Chuck Reasons (’92) published an article in The Criminal Law Quarterly, August 2008, entitled “A Tale of Two Cities: Homicide in Seattle, Washington and Vancouver, British Columbia.” This is the first article based on his sabbatical field work in 2005-2006. He is preparing an article based on extensive interviews with homicide detectives. Lynne Charbonneau (’92), assistant general counsel to HSBC Bank Canada, was named to Lexpert’s “Leading Lawyers Under 40” in Canada for 2008. Lynne was also one of 40 winners (from among 7,000 employees in Canada) of the 2008 HSBC President’s Award, one of the highest honours an HSBC employee can achieve. After almost six years as in-house counsel at IBM Canada, Derek McCallum (‘95) returned to private practice three years ago and is a partner at Aird & Berlis in Toronto. His commercial real estate practice focuses primarily on development, construction, leasing, and financing.

s

Heritage Law has sponsored and Nicole Garton-Jones (2000) is the publisher of www.bcvote.ca, a curated aggregator of democratic information in BC. The web site’s goal is to provide a centralized, non-partisan, issue-neutral online source of timely information about the current state of political affairs in British Columbia. On Saturday July 18, 2009 Scott Johnston married Tamara Shewchuk (2000). The couple opted for a “James Bond” themed wedding at the Delta Burnaby Hotel/Grand Villa Casino. After spending three years in Oxford working on his Ph.D., Geoffrey Loomer (2000) is joining the faculty at Dalhousie Law, where he will teach tax law and policy. Geoffrey and his wife are expecting their first child in October 2009. Matthew Scott (2000) left Crawley Meredith Brush LLP in June 2009 to join CI Investments Inc. as Vice President, Chief Litigation Counsel. CI is a diversified wealth management firm and one of Canada’s largest independent investment fund companies. Matthew is looking forward to a trip to Vancouver with his family to watch men’s qualification playoff hockey and freestyle skiing during the 2010 Winter Olympics. Matthew is married to

CRYSTAL MCLEOD 46

UBC LAW ALUMNI MAGAZINE

| Winter 2010

Meghan Scott, an assistant Crown attorney with the Downtown Toronto Crown Attorney’s Office, and has two children, Turner and Alexandra. Crystal McLeod (’01) has joined MacPherson Leslie & Tyerman LLP, in Saskatoon, Saskatchewan. She is in a relationship with RJ Fafard and they have a 14-year-old son and a 16-year-old son who attends Notre Dame College in Wilcox, Sask. Her other two children (Nicole and Jesse) are grown; one lives in Saskatoon and one in Victoria. Submitted by Andrew Zyp (’02): “Living the peaceful life in the country with my wife Krista LaRiviere and our kids. Well, with a 15-month-old and a four-month old, it isn’t all THAT peaceful! Still, life couldn’t be better. I hope all of my classmates have found the same happiness.” Submitted by Andrew Faith (’02): “I started out in international arbitration at Shearman & Sterling, London, then came back to Toronto to have my first son, Adam. I joined McCarthy Tetrault’s litigation department for two years and a year before my second son, Eli, arrived, made a wise move to the Crown Attorney’s office. It started as a secondment, but after the second week, I was hooked. I now have lots of free time with the family and tell my kids that Daddy puts bad guys in jail. It’s still a goal of Laurie’s and mine to move back to Vancouver for

ROBERT DELAMAR

Robert Delamar (’03) returned to private practice as a barrister with Baker Newby LLP in Chilliwack, BC. Robert grew up in Chilliwack and is happy to have found an opportunity to return home after spending much of the past decade abroad. Submitted by Frank Duffy (’03): After finishing a master’s degree in information systems through the Sauder School I spent four long winters on the prairies. I moved east to the Toronto region so I can be closer to family (and thaw out). On the work front, Deloitte’s information management practice has been a truly exciting experience, where I’ve been specializing in ediscovery, information governance, and privacy throughout a number of diverse industries, including public sector, energy, health care, and insurance. My spare time is shared between typically Irish family social events and teaching at University of Toronto’s PLC program.” On September 27, 2008, James D. Kondopulos (’03) married his beautiful wife, Athena. James continues to practise as an employment and labour lawyer at Roper Greyell LLP in Vancouver. Athena is a teacher at Dr. R.E. McKechnie Elementary School. Warren Smith (’03) was recently elected to the board of directors for the National Association of Legal Search Consultants (NALSC), North America’s largest and only industry association for legal recruitment professionals. He is the only Canadian on the board.

JAMES KONDOPULOS

WARREN SMITH


Closing

!

ARGUMENTS

DUGALD E. CHRISTIE

Activist, advocate for the poor, and founder of the Western Canada Society to Access Justice, Dugald Christie was a beloved member of Vancouver’s legal community. He was the recipient of the Trial Lawyers Association of BC’s 2006 Outstanding Lawyer award and received the 2006 CBA-BC Harry Rankin Pro Bono Award. Christie was killed by a vehicle in 2006 while biking from Vancouver to Ottawa to advocate for the removal of provincial and federal taxes on legal services. That same year, he was granted an award by The Vancouver International Poetry Organization in recognition of his poems’ general interest to humanity.

What is Justice!

The Answer

Am I all alone With my insane dream? Must I make others groan With this wild-eyed legal scheme? Can this Province excel And be star of all the world! To me it is pure hell That our flag remain unfurled! This sole practitioner Cleaves to Lady Justice. I know a certain fact in her, What the word “just” is. The law books can look just And judgments ring true But how can we trust A law for just the few? My lady, my Justice Is no computerized book worm. She knows what trust is From the people she can learn! For where does the law come from? Is it judges that make the laws? The law comes from the people, Their hardships and all their flaws! “The poor,” they say, “are laughing. They have their Legal Aid!” But Legal Aid is halving What little aid it made. Go east of Main Street Leave your office behind, Visit the “Sally Ann” And counsel all mankind!

Don Quixote was not quite right When he levelled that innocent windmill! Justice is not in sight! Don't think it all downhill! I stop to count and savour The hopes and dreams I lost, The unremitting labour, And mourn the ghastly cost. Is it worth it! Should I curse it? Then tears and fears pour in! Is this dream a frightful sin? “No” is the heavenly answer “Your craving is not a greed Trust in lady Justice! Access to Law we need!” So let us have this glorious dream A trial within one year! Then our law to all will seem The gem we hold so dear!

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 47


FACULTY OF LAW

HONOUR ROLL April 1, 2008–March 31, 2009

LIFETIME DONORS

$10 Million and Up

$1 Million and Up

$10,000 and Up

Bennett Jones LLP

Fasken Martineau

Anonymous (2)

Richard Brookes Bird

Dumoulin LLP

The Advocate

Rex Donald Blane

Blake Cassels & Graydon LLP

Joost Blom

Mary Anne Bobinski &

Dr Charles B Bourne

Law Foundation of

$500,000 and Up

British Columbia

Anonymous (3)

$1 Million and Up

Harcourt Robin Brammall

Estate of Virginia Waldock

Gregory Franklin Bridges

Fraser Milner Casgrain LLP

Linda G Brown

$250,000 and Up

Alan Ross

Bull, Housser & Tupper LLP

Anonymous (2)

Robert C Strother

C William McKay Burge

Blake Cassels &

McCarthy Tétrault

Fred James Cadham

IBM Canada Limited

Farris Vaughan Wills & Murphy LLP Richards Buell Sutton LLP Vancouver Foundation Fasken Martineau

Professor Susan B Boyd

Ernst & Young LLP

Law Foundation of British Columbia

Davis LLP

Holly J Harlow

Graydon LLP

Foundation

Charles Diamond

McCarthy Tétrault LLP

Estate of Joan Eileen Powell

Teck Resources Limited

Dumoulin LLP

Hon. David H Campbell Canada Life Assurance Company Canadian Association of

Borden Ladner Gervais LLP

$500,000 Anonymous (3)

$100,000 and Up

$1000 and Up

Borden Ladner Gervais LLP

Anonymous (11)

Century Services Inc

JET Equipment & Tools

William Robertson Adamson

David Chong

Alexander Holburn Beaudin

David Porter Church, QC

(Canada) Foundation Ltd

& Lang LLP

Insolvency

Hon. Lorne P Clare

McCarthy Tétrault LLP

Maytree Foundation

Clark Wilson LLP

Charles Diamond

Allard and Company

Hon. Ross Collver, QC

Korea Foundation

Tsang Wing Wai

Alvarez & Marsal

Credit Union Foundation

George Arnold Armstrong

Law Students' Society

$25,000 and Up $250,000

Davis LLP

Anonymous (2)

Law Students' Society

Charles Diamond

Bill Maclagan

Blake Cassels & Graydon LLP

Gordon A Christopher

Estate of Joan Eileen Powell

J Donald Mawhinney, QC Morley and Myrna Koffman Hon. Mr Justice G D Burnyeat The Right Honourable Kim Campbell, CC PC QC LLD

48

UBC LAW ALUMNI MAGAZINE

| Winter 2010

of BC

Dr. C Jane Banfield

Dr Michael Curry

Giuseppe Battista

Deloitte & Touche LLP

BDO Dunwoody Limited

Hon. Peter M Doherty

R Paul Beckmann, QC

DuMoulin & Boskovich John A Eckersley Edwards Kenny & Bray LLP Margaret E Edwardson Catharine M Esson


Kootenay Bar Association

Leon J Plotkins

TOP MARKS FOR CLASS

Robert Douglas Laing

Janet A Prowse

PARTICIPATION

Kerry-Lynne D Findlay, QC

Lang Michener LLP

RSM Richter Inc

1988

30%

Herman Frydenlund

Lawson Lundell LLP

Hon. Madam Justice

1954

25%

Dr Lorna S Fulton

Patricia Lysyk

M Anne Rowles

1960

22%

Paul L Goldman

Bruce MacDougall

Donald C Selman

1958

22%

Goodmans LLP

Professor J M MacIntyre, QC

Shapiro Hankinson & Knutson

1952

21%

Gowling Lafleur

Macleod Dixon LLP

Gordon Baillie Shrum

1956

18%

B Ann MacPherson

James Peter Shumka

1959

13%

Bruce R Grist

Dr Bonnie Massing

Mr Justice Jon Sigurdson

1967

12%

R Alan Hambrook

Barry Michael Mawhinney

Singleton Urquhart LLP

1962

12%

Harper Grey LLP

Dr Albert J McClean, QC

Madam Justice Lynn Smith

1968

12%

William J Harris Personal

Michael John McDonald

Stikeman Elliott LLP

Brian Norman McGavin

Marvin Ross V Storrow, QC

TOP MARKS FOR CLASS

Harris & Company LLP

Bruce M McKay

Sugden McFee & Roos

CONTRIBUTIONS

Craig James Hill

Todd Alexander McKendrick

Taylor Jordan Chafetz

1973

$550,100

Hon. Ernest E Hinkson

Maria K McKenzie

Thomson Carswell

1976

$525,250

Hordo & Bennett

Allan D McRae

Thorsteinssons LLP

1958

$260,705

R J Randall Hordo, QC

Megan Ellis & Company

Francois E Tougas

1965

$105,000

David S M Huberman

Miller Thomson LLP

Hon. Mr Justice

1954

$59,500

Frank Iacobucci

Mark M Moseley & Family

Insolvency Institute

Wayne Moore

Farris Vaughan Wills & Murphy LLP

Henderson LLP

Law Corporation

of Canada

Maria A Morellato, QC

M Tyrwhitt-Drake

1952

$55,020

United Way of the

1975

$48,760

Lower Mainland

1983

$25,630

Jenkins Marzban Logan LLP

Murphy, Battista

Vancouver Foundation

1986

$25,250

Carl Roland Jonsson

Nathanson, Schachter &

Christopher Patrick Weafer

1981

$24,942

C W Wilkinson

1988

$21,062

Brigadier General Frank Karwandy Kelliher & Turner

Thompson National Bank Financial Group

Sue Kennedy

Joan le Nobel

Andrew Ward Konnert

Michael J O’Keefe, QC

Hon. Bryan Williams, QC Young Anderson Barristers and Solicitors Professor Claire F L Young

Robert K Paterson Larry Patzer

Every effort has been made to ensure accuracy in the 2008-2009 Honour Roll. If an error is noted, please accept our sincere apologies in advance and notify the UBC Law Development Office at 604-822-0123 or by email at development@law.ubc.ca.

Winter 2010 | U B C L A W A L U M N I M A G A Z I N E 49


THE UNIVERSITY OF BRITISH COLUMBIA

The University of British Columbia 1822 East Mall Vancouver BC V6T 1Z1

Canada Tel: 604-822-3151 Fax: 604-822-8108 Email: alumnieditor@law.ubc.ca www.law.ubc.ca


UBC Law Alumni Magazine - Winter 2010