Bar Notes
THE CANADIAN BAR ASSOCIATION • SASKATCHEWAN BRANCH
SUMMER 2016
VOL. 30.4
FROM THE BENCH PAGE 7
SECTION MEETINGS
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SUMMER 2016 1
IN THIS ISSUE
SECTION MEETINGS Registration for the 2016/2017 Section year is now open! Head on over to page
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22 to see a snippet of meetings taking place this year.
PRESIDENT’S MESSAGE
STUDENT’S CORNER
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New Beginnings BY SHARON PRATCHLER, QC
FROM THE BENCH
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Update from the Court of Appeal BY CHIEF JUSTICE RICHARDS
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Update from the Court of Queen’s Bench BY CHIEF JUSTICE POPESCUL
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Update from the Provincial Court BY CHIEF JUDGE PLEMEL
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PRO BONO SPOTLIGHT
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A Law Student’s Perspective BY KARA-DAWN JORDAN
2 BARNOTES
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BRANCH AWARDS
Community Service Award
Justice Whitmore was awarded the 2016 Community Service Award on June 16th, 2016 at the Branch Annual Meeting.
IN THE COMMUNITY
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Saskatchewan Provincial Court Essay Winner BY JUDGE REIS
NATIONAL NEWS
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COMMENTARY Pushing the Limits with Pokémon Go BY KATE CRISP
College of Law Students Visit Yorkton & Melville BY JESSICA KELLY
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Highlights from the 2016 CBA National MidWinter Meeting BY KATHRYN GILLISS & BREA LOWENBERGER
POSTCARD FROM A (ALMOST) LAWYER
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Before the Billable Hour, I was on Hawaii Time BY SEAN WATSON
ITEMS OF INTEREST Legal Directory ........... 11 Call for Nominations ... 16 Bar Judicial Council Representatives ......... 18 Calendar of Events .... 27 Moved Offices? .......... 27
EDITOR’S NOTES
BARNOTES
EDITORIAL BOARD ASHLEY SMITH Editor Saskatoon Police Service
SUMMER 2016
LORA BANSLEY Communications Chair Information Services Corporation
ASHLEY SMITH | SASKATOON POLICE SERVICE
SCOTT BELL MacPherson Leslie & Tyerman LLP KATE CRISP Scharfstein Gibbings Walen & Fisher LLP TRISTAN CULHAM MacPherson Leslie & Tyerman LLP JARED EPP Robertson Stromberg LLP JACKIE FRANCIS Francis & Company NOLAN KONDRATOFF Leland Campbell LLP AMJAD MURABIT WMCZ Lawyers MICHAEL SCHERMAN Blake, Cassels & Graydon LLP ALIXANDRA STOICHEFF MacPherson Leslie & Tyerman LLP JAMES STREETON Wardell Gillis HANNAH ZIP Knott den Hollander BRENDA HESJE Executive Director CBA Saskatchewan KAYLA STUCKART Communications Officer CBA Saskatchewan
BarNotes is a quarterly publication of CBA Saskatchewan. This publication is intended for information purposes only and should not be applied to specific fact circumstances without the advice of counsel. CBA Saskatchewan represents more than 1,200 members and is dedicated to improving access to justice, reviewing legislation and advancing the administration of justice. BarNotes is published 4 times per year and circulated to over 1,200 legal professionals. If you are interested in advertising, please contact Brenda Hesje, Executive Director, brenda@cbasask.org.
As William Shakespeare said, “Summer’s lease hath all too short a date.” I couldn’t agree more as I write this message. I can’t believe that the summer is winding down and back to school sales are already starting. I am sure that many of you also share this sentiment, but hopefully this issue of BARNOTES will give you something to read and enjoy out on the deck or at the lake during these last few weeks of summer. A large part of this issue features content from the Courts of this province; including updates from the Court of Appeal, the Court of Queen’s Bench and the Provincial Court. Together with this, the winning essay from the Provincial Court’s essay competition, written by Mr. Kolade Oladokun, has also been printed in this issue. Several articles in this issue are authored by law students, including Gen Zha’s Law Student’s Perspective on the Success of the Saskatchewan Dean’s Forum on Dispute Resolution and Access to Justice Initiative and Jessica Kelly’s summary of the College of Law’s student trip to Yorkton and Melville. One of our most timely articles discusses the video game Pokémon Go. If you are new to one of the most popular video
LETTERS TO THE EDITOR
Ashley.Smith@Police.Saskatoon.sk.ca
games ever, this article will get you up to date and discuss some of the potential legal issues arising from it. Finally, read about the 2016 Community Service Award winner, the Honourable Peter A. Whitmore, highlights from the CBA National Mid-Winter Meeting and Sean Watson’s Postcard from an (almost) lawyer about his time in Hawaii. You can also peruse the schedule and descriptions for the 2016/2017 section meetings.
On behalf of myself and the BARNOTES editorial board, we hope you have a wonderful rest of your summer!
© CBA Saskatchewan 306,105 - 21st Street East Saskatoon, SK S7K 0B3 www.cbasask.org
LET’S GET ACQUAINTED cba.org The Canadian Bar Association is committed to growing membership
SUMMER 2016 3
Consistent with the new CBA Strategic Directio “building an engaged and inclusive commun
PRESIDENT’S MESSAGE
NEW BEGINNINGS SHARON PRATCHLER, QC | SASKATCHEWAN MINISTRY OF JUSTICE
A
s you read this article, my term as President of the Saskatchewan Branch of the Canadian Bar Association will have pretty much drawn to an end. In closing, I want to leave you with some of the wisdom that others shared with me over the year and highlight some good advice received and acted upon. You might title this “Advice from a Middle-aged Lawyer”. In our office, we always tell our new group of articling students that practicing law is a marathon not a race. Here are the highlights of some great ways to sustain yourself and do some self-care during that marathon.
LOOK FOR ADVENTURE
My husband, Tom Irvine and 8 year old son Graeme Irvine and I will be headed on a 6 month deferred salary leave shortly, starting in September and travelling the world for 6 months.
“
Don’t wait until you retire to take advantage of opportunities – look for adventure in your life now. 4 BARNOTES
”
During that time, we will be homeschooling Graeme. I can not tell you how much the thrill of sharing the world with Graeme means to both Tom and me. Don’t wait until you retire to take advantage of such opportunities – look for adventure in your life now.
more, valuing experiences rather than acquiring material possessions or wealth. As Joshua Becker, the author of “The More of Less” recommends, focus on new ways to measure success, such as:
•
“Character in solitude… What we do when nobody is looking…”;
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“Graciousness towards others – Those who routinely extend grace to others are among my greatest heroes. They have a healthy realization that this world is largely unfair, that people come from a variety of backgrounds, and that nobody is truly selfmade…even themselves. As a result, they are quick to extend grace and mercy to others.”
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“Humility in accomplishment.”
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“Hope during heartache.”
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“Perseverance in failure. Failure reveals much about our heart. It reveals our character, our humility, and our perseverance. We will all at some point face failure. And those who get back up and try again ought to be esteemed in our mind.”
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“Integrity in the details. Integrity is found in the details. Those who show integrity in the little things of life will typically display it in the bigger things as well.”
WRITE A NOTE OF GRATITUDE AND THANKS
Ed Upenieks, the President of the Ontario Branch, shared with me that he writes a note of thanks or congratulations to someone every day. This is part of what he does to sustain himself in his practice and add some good to the world every day. A fine tradition – not the least of which involves the joy of someone receiving a handwritten note but more importantly that quietly and graciously marks their work in a special way – their work or contribution was noticed. Look for opportunities to mark the accomplishments of others.
READ, READ, READ... AND THEN READ SOME MORE
Any time that I spoke with our CBA National President this year, Janet Fuhrer was reading a new book. She has the most positive outlook on life and people that I have ever known. I truly credit this type of intellectual curiousity as a key building block to maintain creativity, originality and interest in your work and those around you.
FIND NEW WAYS TO MEASURE SUCCESS
Much is now written on becoming minimalist, owning less and travelling
Also, I find it a bit ironic, and yet appropriate that we end the year, with a return to the Groia case. This is a case on incivility in the trial process, which was brought to the CBA’s attention early in my year as President, with a request
PRESIDENT’S MESSAGE
that the CBA intervene to support Mr. Groia’s position. The CBA declined to do so. The key piece is that Saskatchewan set out the position in opposition to the intervention. We end the year as we began, as the Ontario Court of Appeal, for largely the same reasons which Saskatchewan advanced, dismissed Mr. Groia’s appeal. I leave you with the words of the Ontario Court of Appeal in Groia v. The Law Society of Upper Canada, 2016 ONCA 471: “The requirement of professionalism for lawyers, both inside and outside a courtroom, including zealous advocacy accompanied by courtesy, civility and good faith dealings, secures the nobility of the profession in which lawyers in this province are privileged to practise.”
“Trials are not just about the resolution of the immediate dispute between the parties. They are also about the trial judge, the witnesses, court staff, the appropriate use of court resources, and the public. And courtrooms are not just places where advocates and judges come to work. They are the community’s chosen forum for public dispute resolution and the administration of the criminal law. In short, trials in our courtrooms engage the public interest in its multiple dimensions. Advocates have responsibilities to the court, their client and the administration of justice.”
2017 MID-WINTER MEETING
THRIVING IN COMPLEXITY
FEBRUARY 2ND & 3RD, 2017 DELTA BESSBOROUGH HOTEL SASKATOON, SK
In closing, I want to thank all of our hard working volunteers and our wonderful staff in the office for another successful year. Brenda, who is our institutional memory and tireless worker – we value your role greatly. Kayla – who has been a wonderful addition and has enhanced our visual presence in communications – we’ll be saying good-bye to this year as she moves on to other opportunities. We wish you the best and thank you for your service to the CBA, Kayla.
CONTACT THE PRESIDENT Ph: (306) 787-2527 sharon.pratchler2@gov.sk.ca
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2014-09-16 4:18 PM
FROM THE BENCH
UPDATE FROM THE COURT OF APPEAL CHIEF JUSTICE RICHARDS | COURT OF APPEAL FOR SASKATCHEWAN
I
am pleased to have an opportunity again this year to bring the members of the Canadian Bar Association up to date about the state of affairs at the Court of Appeal.
Let me begin, as I have in previous reports, by acknowledging the good and important work done by the CBA. The membership deserves real credit for being willing to devote time and energy to the welfare of the profession and the larger interests of our community and our legal system. The Court of Appeal continues to operate with a complete complement of judicial personnel. We have seven full-time justices – me, and Justices Jackson, Ottenbreit, Caldwell, Herauf, Whitmore and Ryan-Froslie. Justice Lane is supernumerary. I can also advise that the workload of the Court has been really quite heavy over the course of the last year. We disposed of just over 300 appeals in the calendar year 2015. Fifty-three per cent of our court time was devoted to criminal cases and 47% to civil. Beginning in the fall of 2015, and for reasons that are not entirely clear, there was an increase in the overall or average complexity of the cases on our docket. This has meant extra demands in preparing to hear appeals and, of course, in writing decisions.
There are six specific points or highlights from the last 12 months that might be worth underlining.
First, effective September 1, 2015, the Court introduced an appeal settlement conference procedure. This is not a mandatory step in the prosecution of an appeal. It will be employed only with the consent of all of the parties and the agreement of a judge of the Court. To date, there has been only one request for a conference. This was in a complex and contentious family law case. There was no resolution of the matters in dispute, but counsel reported finding the process to have been very useful nonetheless. Second, the last year saw the first-ever introduction of cameras to our courtroom. The Court developed a draft protocol for the broadcast of our proceedings and shared it with the media in the summer of 2015. Since that time, and on the strength of the draft protocol, we have had two appeals argued before the television cameras. This initiative appears to have been well received, but it remains to be
seen how much ongoing media interest there will be in all of this. We are continuing our consultations with the bar and the media in an effort to get things right. Our approach in this area remains very much a work in progress.
Third, the Court has developed a detailed set of “how to” manuals for both civil and criminal appeals. They have been on our website since December of 2015. The manuals should be of considerable help to litigants who are representing themselves, but lawyers unfamiliar with practice in the Court of Appeal will no doubt find them to be useful as well. Fourth, the Court has been surveying counsel who appear in our courtroom in an effort to obtain feedback, and in particular feedback about our “eCourt” electronic documents system and related issues. Broadly speaking, the results indicate that things are working very well. Interestingly, however, lawyers continue to prefer to use paper rather than electronics when it comes to the actual presentation of an appeal.
Fifth, former Justice Cameron’s book, Civil Appeals in Saskatchewan, was published in October of 2015. It is a very useful resource for lawyers and is proving to be a helpful starting point for counsel to use when dealing with procedural issues.
Sixth, the Court will be celebrating its 100th anniversary in 2018. We continue to move forward on projects related to this anniversary. A history of the Court is well underway. We are also filling the gaps in our collection of portraits of former chief justices. Other initiatives will be rolled out in due course. Let me close by again indicating that I welcome and appreciate feedback with respect to the work that the Court of Appeal is doing. I would be happy, at any time, to speak with any member of the Bar who has suggestions or concerns or questions in relation to the Court or, for that matter, in relation to the justice system more generally.
I appreciate this opportunity to share some information about the Court of Appeal and wish the CBA every success in its ongoing work. SUMMER 2016 7
FROM THE BENCH
UPDATE FROM THE COURT OF QUEEN’S BENCH CHIEF JUSTICE POPESCUL | COURT OF QUEEN’S BENCH FOR SASKATCHEWAN
C
hief Justice M.D. Popescul addressed members at the annual meeting of the Canadian Bar Association (Saskatchewan branch) on June 16, 2016, in Saskatoon. He thanked the organizers of the CBA for the invitation to speak at the annual meeting and commented that the practice of asking the Chiefs of each Court to speak at the annual meeting was a great tradition.
The Chief Justice remarked that the Court of Queen’s Bench, as a Court, is in good shape. From his perspective, there are few concerns and no burning issues. After having said that, however, he noted that there is always room for improvement and the Court continues to strive to make positive changes that will enhance the administration of justice in the Province. Currently, there is only one vacancy on the Court. It is a Family Law Division position in Regina. There are 33 Queen’s Bench Justice positions in Saskatchewan. In addition to that, currently there are 11 supernumerary judges. Over the past year, the Chief Justice said that he was pleased to have participated in the official “reopenings” of two of our court houses.
On December 15, 2015, the court house in Moose Jaw was officially reopened. Renovation to the 107‑year‑old building was made necessary after the ceiling collapsed on September 21, 2013. Fortunately, no one was injured or killed. Looking back, the ceiling collapse, was an opportunity in disguise. It provided the possibility to refurbish and restore some of the grandeur that had gradually been lost over the years of this magnificent building that has been designated both as a “provincial historic building” and a “national historic site of Canada”. More recently, on February 8, 2016, the Saskatoon court house was reopened after extensive renovations. The last official opening of the Saskatoon court house was 58 years ago on October 8, 1958. Now, judges, lawyers and the public have a state of the art facility that meets the demands of the present day. There are video screens for judges, lawyers, jurors and the public which display evidence efficiently and appropriately. There are enhanced security features, 8 BARNOTES
nine courtrooms and five pre-trial rooms. The five pre-trial conference rooms permit the Court to continue its work in pre-trial conferences, which is an area that Saskatchewan pioneered over 35 years ago.
Chief Justice Popescul also made reference to a recent publication of the Canadian Judicial Council (CJC) respecting its “Protecting Judicial Independence in Canada” project. Chief Justice Popescul noted that the CJC has made protecting judicial independence in Canada a top priority. The initiative arose out of increasing concern that there is an urgent need to promote a greater understanding of the constitutional role and responsibilities of Canada’s judiciary. The Council commissioned a research report that confirmed the need for such an initiative by documenting many examples of situations in which the independence of the judiciary has been threatened or compromised. The initiative is seen as an essential step in explaining to Canadians the basis for the constitutional separation of powers between the executive, legislative and judicial branches of government and the operation of the Rule of Law in our democracy. A key message in the publication is that the principle of judicial independence exists for the benefit of citizens, not judges. Canadians expect their judges to be independent. An independent judiciary means that citizens will know that they will be treated fairly and that they will receive a fair hearing regardless of who they are. The document, entitled “Why is Judicial Independence Important to You”, can be found at the CJC website under the heading, “Publications” and the subheading “Judicial Independence”. On this topic, the Chief Justice thanked the Canadian Bar Association for speaking for judges when they cannot speak for themselves. The efforts that the CBA makes, in support of judicial independence, both locally and nationally have been noticed and appreciated.
Chief Justice Popescul mentioned that the Court has created a “Queen’s Bench Innovation Committee” which is chaired by Justice Barrington-Foote. The mandate of the committee is to enhance and improve the Court’s processes, including access to justice through those processes, in a manner that fully respects the principles of individual and institutional judicial independence, the principles of fundamental justice and the Rule of Law. He stressed that while expediency and
FROM THE BENCH
fairness are important components of a fully functioning system of justice, the Court must ensure that all people are securely governed by the Rule of Law.
The mandate of the Queen’s Bench Innovation Committee is to support and work with the Chief Justice and the other members of the Court in pursuing that commitment, in a manner consistent with those principles, including by: 1.
2.
Identifying practices, procedures and rules which limit access to the court’s process, or that compromise the just, timely and effective resolution of claims through that process; Identifying initiatives that may improve access to the court’s process, and the just, timely and effective resolution of claims, including:
involved in spearheading a Law Society of Saskatchewan seminar on this topic on November 1, 2016 in Saskatoon and November 3, 2016 in Regina. A cast of several judges and senior and highly respected litigators will be presenting at the conference which will be invaluable to all those who litigate in the courts. Along those same lines, the Chief Justice reminded everyone of the upcoming Trial Advocacy seminar which will take place in Saskatoon on November 24-26, 2016. The Chief Justice mentioned that the program has limited enrolment and is already two-thirds subscribed.
In closing, the Chief Justice thanked the organizers for inviting him to address the members and expressed the hope that he would be invited back next year.
a. changes to practices, procedures and rules; b. initiatives to develop statistical information and policy; c. educational and information initiatives for the Court, the bar and others involved in the court’s process; and d. any other appropriate measure relating to the Court consistent with individual and institutional judicial independence, the principles of fundamental justice and the Rule of Law; 3.
Liaising with governmental and nongovernmental agencies in relation to initiatives which relate to or may impact the role of the Court or the court’s process; and
4.
Participating on committees and in other forums.
The Chief Justice mentioned that although the Court needs to continue to try to improve access to justice, lawyers also have a responsibility to improve access to justice. The Chief Justice challenged lawyers to develop practices that will permit them to offer legal services to members of the public in such a way so as to resolve disputes in a principled fashion, while still receiving adequate compensation for their services. He commented that some of the tools available to counsel in the new Queen’s Bench Rules, which came into effect on July 1, 2013, have not been fully utilized. In an effort to educate lawyers on concepts and principles respecting conducting litigation efficiently, within the new Queen’s Bench Rules, the Chief Justice is
SUMMER 2016 9
FROM THE BENCH
UPDATE FROM THE PROVINCIAL COURT CHIEF JUDGE PLEMEL | PROVINCIAL COURT OF SASKATCHEWAN
L
et me begin by thanking the Saskatchewan Branch of the Canadian Bar Association for inviting the Chief Justices and me here today. Judges of the Provincial Court of Saskatchewan are very appreciative of the role the CBA plays in educating the public about the importance of an independent judiciary and the rule of law. Often in a court proceeding there are perceived winners and losers. In that climate members of the public sometimes make unfavourable and ill-informed comments about a judge or the courts. The Canadian Bar Association is known for speaking out when the judiciary is unfairly attacked, and for this you deserve immense credit. I will speak briefly today about the work of the Provincial Court in our province.
We do not control the number of cases which come before us but we are required to manage them. In Saskatchewan, all criminal charges enter the court system by coming first through our doors. Most are concluded in Provincial Court, by trial, guilty plea, or withdrawal or stay of charges. Some go on to the Court of Queen’s Bench for resolution. Between 2010 and 2014 the number of adult federal charges in our court remained relatively constant. However, in 2015 there was an increase of almost 6% over the previous year, to 86,659. Accused persons normally come to court more than once before charges are resolved. In 2015 we recorded 585,366 appearances which was an increase of almost 54,000 from 2014. These numbers for adults relate to 38,738 accused though not necessarily that number of persons, since some persons are accused more than once. In Youth Court, the number of charges and accused remained comparable in 2015 to what they were in 2014 though they made more appearances to deal with their charges. On a positive note the number of youth charged and the number of charges they face has decreased over the years. For example in 2015, 5,989 youth were charged compared to 7,682 in 2011. In managing a somewhat increased adult caseload we did quite well in 2015. One of the measurements we use is to look at how long it takes to find a routine trial date when a person pleads not guilty. In the early 1990s the Supreme Court decided the leading cases of Askov and Morin which provided guidelines on what is a reasonable time to trial. We try to stay well under the delay times which had occurred in Ontario prior to those rulings. We publish our next available 10 BARNOTES
trial dates on our website where you will see that, in some locations, you may be offered a trial date within 50 days or even less. Most lawyers and accused are not ready in that short a time period. More likely, you will be offered a trial date within the next 3 to 7 months with early dates usually made available if an accused is in custody or if there are other special considerations. Even the northern forest fire situation in 2015, which resulted in closure of courts on many days, did not set us back too seriously. Credit for this goes to judges, lawyers, aboriginal court workers, probation officers and law enforcement agencies providing services, as well as their staff in the north. We have 47 full time judges who handle most of the cases in our court, or 48 if one includes the chief judge. We also have approximately 20 active temporary judges who have retired from full time duty but sit when urgently required. We are fortunate to have a history of timely appointments to our bench and this assists in managing our workload and keeping our time to trial within reason. We have had 2 such appointments in the past year. Judge Vanessa Monar Enweani was appointed to Saskatoon in July, 2015. She was previously in private practice. Judge Steven Schiefner was appointed to Prince Albert in November, 2015. Formerly he was Vice-Chair of the Labour Relations Board. Sadly, one of our respected temporary judges, His Honour Tom Ferris of Prince Albert, died in April, 2016.
LEGISLATIVE CHANGES
The province’s Fee Waiver Act came into force in February of this year. It references fees for courts, tribunals and other government bodies and establishes a fee waiver program in Small Claims Court for low income litigants. We expect to see an increase in the number of cases coming into our Small Claims courtrooms. Several months ago the monetary limit of our jurisdiction increased to $30,000 exclusive of prejudgment interest and costs.
In addition to that change, this week a bill to amend The Small Claims Act was tabled in the Legislature. The proposed amendments follow public consultation by the Ministry of Justice. The Civil Justice Committee of our Court felt the consultation process was useful and that the bill presently
FROM THE BENCH
before the legislature addresses some of the deficiencies in the current act. Another bill tabled recently is to amend The Provincial Court Act. There are several “house keeping” amendments proposed. One streamlines the process for appointing an out-of-province judge to hear a matter in Saskatchewan, when Saskatchewan Judges might be conflicted. Another deals with streamlining the handling of some complaints to Judicial Council. One proposed amendment which deals with Court Appointed Counsel applications is more substantive. It references The Constitutional Questions Act and, if passed, must be read along with a proposed amendment to The Court of Queen’s Bench Act.
VIDEO COURT We sit in 13 permanent court locations and have approximately 60 other circuit points where we hold court in community halls, band halls and the like. Thirty Provincial Court locations have video conferencing capabilities. Preparation is underway, although at varying stages, for implementation in another 4 communities in the northern half of the province. There are 18 private interview rooms equipped with a videophone in Provincial Court locations which can be used for counsel to speak with clients in correctional facilities. We could make better use of video court. Even though we have all this capability, presently in Saskatchewan prisoners are often transported by road or airplane to rural and northern locations for their bail hearings or to be sentenced. I am told that this rarely occurs in Alberta and Manitoba where almost all bail hearings and a great many sentencing proceedings take place by video. Many prisoners prefer video as it allows them to remain in a correctional facility rather than being transported to court or to RCMP cells in rural locations to await court. Transportation of prisoners carries with it some risk and logistical problems. Male and females have to be separated as do youth and adults. Members of opposing gangs have to be kept apart and if there are witnesses being transported with accused that creates yet another problem. There is an increased risk of assault, intimidation and escape or release of the wrong prisoner on busy docket days. To appear in some rural and northern points prisoners frequently have to be transported days in advance and held in RCMP cells which they generally do not appreciate. Prince Albert is on the leading edge in the use of video in our court. They frequently conduct bail hearings via video for prisoners from the Prince Albert Correctional Centre, the Saskatoon Correctional Centre, Pine Grove which is the women’s correctional centre, and the Prince Albert Federal Penitentiary all on the same day. We are discussing the expanded use of video in our court around the province. That concludes my comments. Once again, thank you for inviting me here this afternoon. I appreciate the opportunity to meet with you.
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LEGAL DIRECTORY 2016/2017
SUMMER 2016 11
COMMENTARY
PUSHING THE LIMITS WITH POKÉMON GO KATE CRISP | SCHARFSTEIN GIBBINGS WALEN & FISHER LLP
S
o for all those wondering why they suddenly see an increase in adults (and kids) walking around staring at their phones (more than usual), let me introduce you to Pokémon Go.
Pokémon Go is a game that can be played on your phone which combines real world places with virtual characters. You can walk around the streets of Saskatoon, and places all around the world, and see little cartoon characters and treasures that you can catch for yourself. The game basically combines Google Maps and a video game, so it can tell where
you are and show you Pokémon characters in that location that you can collect and train.
The game was originally released in the US and has spread to other countries at a rapid rate, officially being released in Canada on July 17, 2016. It has quickly become the most popular mobile game ever in the U.S.1 and the developers are struggling to keep up with the intense server demands of millions of people playing this game on a daily basis.2
You may be thinking, that’s great, why do I care about a new game for my phone and what has this got to do with the Saskatchewan Bar, or the law generally. Well, the new game does raise some potential legal issues.
Aside from the privacy issues associated with the collection of data from your use of the game on your phone, specifically your location, there are issues associated with the way in which this game operates. As Pokémon Go blends the real and the virtual world, in playing the game people could unintentionally, or not, end up engaging in criminal behaviour. The main example of this would be trespassing.
12 BARNOTES
In order to collect Pokémon and other treasures through the game, users must go to the locations where these items are, and that could be in your backyard. Some famous world sites have specifically
asked users to refrain from catching Pokémon on their premises, including the Holocaust Memorial Museum and Arlington National Cemetery and several other locations are asking the developers to remove Pokémon from their location.
The other more frightening reality of this virtual game is the potential for it to be used for harm. The game allows users to send out a “lure” to attract more Pokémon to a certain area; this in turn attracts users to that area to collect Pokémon. In Missouri on July 10, 2016, armed robbers used this tacit to lure unsuspecting Pokémon Go players to a secluded area where they could be easily robbed.3 In response to these issues, many police stations have released safety tips, including the Regina Police. Included in their safety tips are warnings about trespassing and playing the game in numbers, so as not to fall victim to people using the game for harm. The game appears to be at the height of its popularity at the moment and the craze will likely settle down, but it will be interesting to see what its impact will be. Until then, “Gotta catch ‘em all”!
PHOTO CREDIT: Peter Kazman, Scharfstein Gibbings Walen Fisher LLP, Pokémon Go player. ENDNOTES 1 https://www.surveymonkey.com/business/intelligence/pokémon-gobiggest-mobile-game-ever/ 2 http://time.com/4400791/pokémon-go-iphone-android-nintendo/ 3 https://www.theguardian.com/technology/2016/jul/10/pokémon-go-
armed-robbers-dead-body
PRO BONO SPOTLIGHT
A LAW STUDENT’S PERSPECTIVE KARA-DAWN JORDAN | PRO BONO LAW SASKATCHEWAN
As most are aware, Pro Bono Law Saskatchewan organizes lawyers across the province to provide pro bono legal services to persons and organizations of limited means. This is our focus, however, as an organization we are keenly aware that pro bono service delivery is one piece of a much larger puzzle. As such, part of what we do as an organization is work with justice system stakeholders with a view to effecting change that will benefit users of the justice system. The Dean’s Forum on Dispute Resolution and Access to Justice is one of the forums through which we are given this opportunity. As such, when we asked a Pro Bono Students Canada Student Volunteer to draft an article of her choice on the justice system in Saskatchewan, we were interested to see that her article profiled the Dean’s Forum. With that, I am pleased to introduce Gen Zha and her thoughts on having such a forum at the College of Law. - KARA-DAWN JORDAN, EXECUTIVE DIRECTOR
A Law Student’s Perspective on the Success of the Saskatchewan Dean’s Forum on Dispute Resolution and Access to Justice Initiative GEN ZHA | PRO BONO STUDENTS CANADA STUDENT VOLUNTEER The growing awareness of access to justice problems has made it into a central policy issue nationwide and in Saskatchewan, and caught my attention after meeting the Access to Justice Coordinator and instructor of the Dean’s Forum course, Brea Lowenberger, during my first-year of law at the University of Saskatchewan. I have learned that Saskatchewan residents are faced with real problems when trying to access the justice system, as not only low-income, but also, for a variety of reasons, many middle-income families are being forced out of the legal market to either selfrepresent or to forego their legal rights altogether. Although the lowest income families may find representation through legal aid, a large proportion of the public is not being served with the current model. According to the 2013 report, Access to Civil and Family Justice: A Roadmap for Change that was chaired by the Honourable Justice Cromwell of the Supreme Court of Canada, more than 20% of Canadians that face legal problems do not take action, while over 65% perceive nothing can be done. This growing problem presents an opportunity to engage in discussions and to make systemic alterations in order to better deliver legal services. In 2013, the Saskatchewan Ministry of Justice and the College of Law did just that, by teaming up to create a Saskatchewan-
based Forum to initiate access to justice discussions. The Dean’s Forum was formed with a vision to locate access to justice conversations within a Saskatchewan context, and to discuss problems and opportunities to improve access to justice from a local perspective. In 2014, upper-year students at the College of Law started to gain course credit for conducting research associated with topic areas being discussed by the Forum. On February 29, 2016, The University of Saskatchewan College of Law hosted its fourth annual Dean’s Forum meeting on Dispute Resolution and Access to Justice. The course associated with the Forum enabled current law students to become involved in research, to outline issues and evaluate options for change, and to engage directly in conversations that could lead to policy development and systemic change. Two student groups accepted into the Forum course at the College of Law researched, consulted justice stakeholders, developed a policy discussion paper and presented their findings to over two dozen justice system stakeholders from across the province on two themes: 1) putting the public first, and 2) the accessibility of superior courts and court procedures. The Dean’s Forum course presents an opportunity for law students to evaluate options for improvement, to raise awareness and to participate in a solution-oriented and participatory form of justice reform focused on the public. Law school not only helps to build a substantive foundation, but also provides an environment for critical thinking and problem solving. The evolution of legal needs and services also means creating an evolving legal education that finds
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SUMMER 2016 13
STUDENT’S CORNER
COLLEGE OF LAW STUDENTS VISIT YORKTON & MELVILLE JESSICA KELLY | COLLEGE OF LAW, UNIVERSITY OF SASKATCHEWAN
O
n January 22, 2016 the College of Law visited two Saskatchewan communities through the College’s rural initiative program and the efforts of the Small Urban and Rural Committee (SURC). The Committee typically plans one or two visits to smaller Saskatchewan communities each year. This year, 10 students visited the City of Yorkton and the City of Melville to meet with representatives from the South East Bar. The initiative’s success can be attributed to the efforts of community representatives, the college and organizations such as CBA Saskatchewan, who provide financial support. The roles of the communities and their representatives are crucial because they plan our visit in a way that profiles their community. Over the years, visits have included tours of law firms and courthouses, visits to various landmarks, information sessions, and networking opportunities at receptions or luncheons. This initiative is important as many students want to pursue careers in small urban and rural communities. However, students rarely have exposure to law firms in these smaller communities and are unaware of the opportunities that they present. This initiative allows students to immerse themselves in a community for an entire day. Students have PRO BONO SPOTLIGHT CONTINUED FROM PAGE 13
novel ways to learn. The Dean’s Forum course provides a unique chance for the students to show leadership and shape policy development by working alongside each other and major justice system stakeholders from across the province.
The involvement of law students creates a dynamic where future professionals work alongside those in the profession to create positive changes in the justice system by looking at the needs of Saskatchewan residents. Having just finished my first year at the College of Law, I feel fortunate to be at a law school that offers such opportunities and I look forward to applying for the Dean’s Forum course during my senior years of law school.
14 BARNOTES
the chance to experience and learn about that community and gain practical information about the practice of law. The location of the trip rotates to a different region of Saskatchewan each year to ensure that students are provided a variety of experiences and to allow for the promotion of different communities.
This year, the trip to Yorkton and Melville was a huge success. The day started off at 8:00 am with a bus ride from the College of Law in Saskatoon to Mano’s restaurant in Yorkton for a lunch reception where students were welcomed by a large gathering of legal professionals. Several local lawyers provided a personal account of what led them to practice in Yorkton, their experience practicing in the city, and what they love most about their community. Students also had the chance to visit with firm representatives during the luncheon and were encouraged to ask any questions they might have. Following lunch, the students travelled to the Court of Queen’s Bench and the Provincial Court where the judges and court staff explained their roles and the various functions of the court. Jenna Niedzielski and Nolan Kondratoff were our Yorkton tour guides, ensuring that we arrived at the correct locations and remained on schedule. Students then toured three Yorkton law firms, Shawn Patenaude Legal Professional Corporation, Leland Campbell LLP and Rusnak Balacko Kachur Rusnak. During these firm tours students were able to meet and network with lawyers and were provided with information about how the firm operates, what areas of law the firm practices, and other interesting firm dynamics.
The students then travelled to Melville to visit Bell, Kreklwich & Chambers. Again, students were greeted with a warm welcome, provided with a firm tour and given a personal account of the opportunities available in the City of Melville. At the end of the day, the bus ride back to the College was abuzz with discussion about how positive and receptive both Yorkton and Melville were to our visit and everyone was excited and grateful for all that they had experienced and learned during the trip.
We would like to thank the South East Bar for hosting us and we greatly appreciate the time and effort of everyone who participated. We would also like to acknowledge the financial CONTINUED ON PAGE 16
BRANCH AWARDS AWARDS BRANCH
CELEBRATING OUR BEST 2016 COMMUNITY SERVICE AWARD T
he Saskatchewan Branch of The Canadian Bar Association is pleased to announce The Honourable Peter A. Whitmore, a justice of the Court of Appeal for Saskatchewan, as its 2016 Community Service Award recipient.
Mr. Justice Whitmore earned a Bachelor of Commerce from McGill University in 1971, a Bachelor of Laws from the University of Saskatchewan in 1974, and a Doctorate of Canon Law from the University of Emmanuel College, Saskatoon, in 2004.
Prior to his appointment to the Court of Queen’s Bench, Mr. Justice Whitmore had been a partner with McKercher McKercher & Whitmore LLP since 1989. He practised with G.H.M. Armstrong and Associates from 1975 to 1976, with Wilson Drummond & Whitmore from 1976 to 1977, with Lane & Whitmore from 1977 to 1985, and with Whitmore Company from 1985 to 1989. His main areas of practice were corporate law, commercial law, financing law, tort liability, dispute resolution and real estate law. The Community Service Award was created to recognize valuable contributions of CBA members who have demonstrated outstanding dedication, service and commitment in serving the communities of our province.
For years, Justice Whitmore has been an active volunteer within his community, in particular with the Bishop of Qu’Appelle. Here he served the Diocese as Vice-Chancellor, Chancellor, and as a representative on the Legislation Committee.
The 2016 Community Service Award was accepted by Chief Justice Richards, on Justice Whitmore’s behalf, at the 2016 Law Society Annual Meeting on June 16th in Saskatoon.
JUSTICE WHITMORE CAREER MILESTONES
1971
Graduates from the McGill University with a Bachelor of Commerce 1974
Earns his law degree from the College of Law at the University of Saskatchewan 1975-1976
Practiced law with G.H.M. Armstrong and Associates
1976-1977
Practiced law with Wilson Drummond & Whitmore 1977-1989
Practiced law with Lane & Whitmore, which later became Whitmore & Company 1989 - 2008
Partner with McKercher McKercher & Whitmore LLP 2008
Appointed to the Court of Queen’s Bench for Saskatchewan 2013
Appointed to the Court of Appeal for Saskatchewan
SUMMER 2016 15
STUDENT’S CORNER
CONTINUED FROM PAGE 14
contribution for the networking events at the community level and CBA Saskatchewan for contributing to the transportation costs. In particular we would like to acknowledge and thank Darren Grindle for working with the SURC Committee in coordinating and organizing the day.
The SURC Committee believes it is important to profile Saskatchewan and the many opportunities it holds. We are interested in working with representatives from the legal community and encourage you to reach out to students and visit the college. We encourage you to attend events such as the CBA - Showcase of Saskatchewan firms. Many individuals from small firms and smaller communities attend year after year and we appreciate the effort that they make and encourage others to attend.
Jessica is the Chair of the Small Urban and Rural Committee for 2016-2017 and is entering her third and final year at the College of Law. She was born and raised in Lloydminster. Her passion for working in a small urban setting is evident and therefore she was recruited to join the committee. Having enjoyed living in a small urban setting, she hopes to article in a similar setting.
CALL FOR NOMINATIONS
The College of Law and SURC would like to thank the CBA Saskatchewan branch for their generous financial support and the many events that they coordinate for the benefit of our students. Their next trip will be to North Battleford on October 21st.
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16 BARNOTES
2017 DISTINGUISHED SERVICE AWARD
Deadline: November 16th Nomination Forms & Information:
www.cbasask.org
IN THE COMMUNITY
SASKATCHEWAN PROVINCIAL COURT ESSAY WINNER JUDGE REIS | PROVINCIAL COURT OF SASKATCHEWAN
The winner of the Saskatchewan Provincial Court Association Essay Contest, for 2016, is Mr. Kolade Oladokun. Mr. Oladokun is originally from Nigeria, and, as of May 2016, was completing his articles with the Merchant Law Group. He holds a Bachelors of Law (BL) from Nigerian Law School, where he was admitted to the bar,and further holds LLB and LLM degrees from the University of Wales in England. His essay entitled Learning the Practice in the Provincial Court of Saskatchewan is attached. We congratulate Mr. Oladokun, and wish him the best in his legal career. - JUDGE REIS
Learning the Practice in the Provincial Court of Saskatchewan KOLADE OLADOKUN | MERCHANT LAW GROUP LLP The Provincial Court is a creation of statute, and as such its jurisdiction is limited to those matters permitted by the Legislature. Notwithstanding this, quite a large volume of charges are laid annually under the Criminal Code, provincial statutes and municipal bylaws that are dealt with at Provincial Court. Judges of the Court also hear a large volume of family cases and civil cases, with a small claims limit of $30,000. For most lawyers therefore, a significant part of their practice takes place in the Provincial Court. To my mind, this is telling.
As an articling student in a law firm with a twenty-four hour toll free client hotline, I have come to the realization that the pace of law practice today is faster and more demanding than ever before. Technology has made lawyers accessible around the clock; this has altered the rhythm of practice and allows firms and clients to impose extraordinary demands on young lawyers. The current pace calls for proactive and reflective thinking on the part of articling students and young lawyers to understand the relationship between the development of legal knowledge, expertise and experience within our court system to plan for future success in the profession.
Thus far in the course of my articles, I have been fortunate enough to present in Provincial Court on a regular basis. In this short period I have grown and altered my own advocacy style by watching and interacting with numerous lawyers and judges. Judges at every level of court need skilled guidance from lawyers; lawyers must know everything from their facts to appropriate sentencing submissions. They must be ready and able to answer any and all questions to provide adequate assistance to the judge. It is therefore imperative that young lawyers learn the practice of the court and become an adept practitioner. The following represents a non-exhaustive outline of what I have learned creates successful practice in Provincial Court.
Central to a successful practice is advocacy skill. Owing to the pace in Provincial court which is often faster and where matters are often shorter than in other courts, there is no gain saying the fact that the sound advice available to counsel regarding good advocacy skills is most important and applicable to lawyers appearing before Provincial Court.
Litigation is process-driven and lawyers must have an eye to the central purpose of the procedure. The job of lawyers in court is to advocate for their client and to assist the judicial decision-maker. Given the shorter and faster nature of matters before Provincial Court, those who appear there regularly must develop a certain type of advocacy. Lawyers in this context must efficiently discuss and explain issues clearly, cogently and concisely. These arguments will present how and why the crucial questions should be resolved in favour of a particular party. Successful advocacy envelops a multitude of other skills including negotiation, legal research, writing and drafting, as well as knowledge of the rules, conventions and courts. These rules include civil and criminal procedure, rules of evidence, rules guiding Alternative Dispute Resolution (ADR) and the general laws in force in the jurisdiction. Far from being mere eloquence, advocacy entails the ability to serve as a compass for the judge to navigate the vast sea of factual material and to isolate the critical and factual issues upon which a case is likely to turn.
File management is another prerequisite for successful practice at Provincial Court, especially in criminal matters. The large volume of files a lawyer may possess is no excuse for lackluster performance in Provincial Court. There are numerous adjournments, elections, bail hearings, programming options and pre-trials dealt with at Provincial Court before a trial is heard. Being able to interact with multiple files, and keeping in mind that judges manage a much higher volume of cases, means that lawyers must ensure their channels of communication with judges are respectful, succinct and helpful. Further, it is important that lawyers practicing before SUMMER 2016 17
IN THE COMMUNITY
Provincial Court develop necessary skills to prepare and manage files, as well as diarize relevant schedules and court dates to ensure punctuality and adequate representation. With this comes effective time management. Being late or missing court comes with large consequences. Lawyers must be careful not to waste judicial time and resources.
As the concept of ‘emotional intelligence’ becomes widespread, success sometimes depends on understanding the roles emotion and interpersonal relationships play in otherwise logical activities. The successful lawyer is one who networks positively to gain professional contacts. Professional networks may take the form of mentors who give insight by sharing information about their own experiences and realities of practice or colleagues who may serve as valuable sounding boards and helpful allies if you are running late or cannot speak to an adjournment in court.
Ever since Greek mathematician and inventor Archimedes stumbled upon his theory of water displacement while bathing, humans have been intrigued with “Eureka!” moments. There is no Eureka moment in the practice of law; success comes only through meticulous planning, preparation and hard work. It is critical that young lawyers understand early the relationship between future success in the profession and the ability to learn the practice of the courts. This contextual experience never ends, successful lawyers will continue to grow and learn and adapt to help the judicial economy flourish. No matter how charismatic or eloquent one may be, true success in the legal profession begins with learning the practice of the courts. When it comes to Provincial Court practice, I have learned that I look forward to being an integral part of the system, both to advocate for clients and further the legal paradigm.
Got it.
BAR JUDICIAL COUNCIL REPRESENTATIVES The Bar Judicial Council deals with matters of concern between the Bench and the Bar. If you have suggestions on how the administration of justice can be improved, suggestions can be given to the appropriate representative listed below.
COURT OF APPEAL Murray Sawatzky, QC McDougall Gauley LLP, Regina msawatzky@mcdougallgauley.com
Christine Glazer, QC McKercher LLP, Saskatoon c.glazer@mckercher.ca
COURT OF QUEEN’S BENCH Jeff Grubb, QC Miller Thomson LLP, Regina jgrubb@millterthomson.com
Jenn Pereira Robertson Stromberg LLP, Saskatoon j.pereira@rslaw.com
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18 BARNOTES
NATIONAL NEWS
HIGHLIGHTS FROM THE 2016 CBA NATIONAL MID-WINTER MEETING OF COUNCIL KATHRYN GILLISS | TROBERT LAW FIRM & BREA LOWENBERGER | COLLEGE OF LAW, UNIVERSITY OF SASKATCHEWAN
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s two fresh-faced new lawyers, we both took an immediate interest in the Canadian Bar Association (CBA) and the opportunities the Saskatchewan Branch offers. In the Fall of 2015, we both became Council Members for the CBA Saskatchewan Branch and the experience has been invaluable. Most notably, we were able to attend the CBA National Mid-Winter Meeting of Council in Ottawa in February of 2016 as voting delegates. During our time in Ottawa we participated in discussions with respect to a variety of important resolutions affecting the legal practice in Saskatchewan. New CBA initiatives were also introduced, including a report that encourages young lawyers to “do law differently”. The Resolutions put before Council ranged from straight forward resolutions dealing with improving procedural aspects of legal practice, to complex policy resolutions affecting varying regions and areas of laws. Some of the more notable practical resolutions included the CBA’s position with respect to the closure of Circuit Court Centers in New Brunswick; accommodating maternity in Court Gowning Directives; and regulation amendments related to the Young Lawyer’s Forum and the Canadian Corporate Counsel Association. Substantively, Council also dealt with several matters that garnered greater discussion. This discussion included resolutions involving the protection of gender identity and gender expression rights in Corrections and Detention; training lawyers to resolve everyday legal disputes; and the CBA’s policy on seeking intervener status. The resolutions portion of our meetings saw engaged input from members
representing all regions, and bolstered discussion and action on many important aspects of the legal practice in Canada. Council ultimately passed all 10 resolutions put before us, which is a true testament to both the Council Members participating in the Mid-Winter Meeting, and the quality of submissions put forth by their respective authors. Additionally, we would be remiss if we did not recognize the hard work and efficiency of Saskatchewan’s own Bryan Salte, Q.C. and his team for their execution of the resolutions portion of the Mid-Winter Meeting. They certainly set a high bar for Mid-Winter Meetings to come. Further information on recent resolutions of Council can be downloaded at cba.org/ Our-Work. In addition to the Resolution’s portion of the Mid-Winter Meeting, Council also addressed a number of other initiatives within the conference, including the launch of the CBA Legal Futures Initiative’s “Do Law Differently: Futures for Young Lawyers Report” (the Report). The Report is a prime example of how the CBA is tuned into changing technologies, market forces, and client expectations to best serve members, clients, and the profession. As “young lawyers” – i.e. the Report’s target audience – the launch of the Report caught our attention. We learned that the Report is a guide intended to help law students and new lawyers think creatively about all aspects of the legal industry. Members of the CBA Legal Futures Initiative indicated that the Report was created in response to a question it posed to new lawyers: “what can we do for you that will be helpful to you in your career?”. The response the CBA received was that new lawyers
are interested in learning what to know about and how to prepare for “key trends facing prospective and young lawyers”.
The Report has four key sections. It opens with a guide to emerging career opportunities for lawyers of the 21st century. It then summarizes interviews with 26 lawyers who are practicing law in new ways that they suggest better serve their clients. The Report closes with 109 “new ways to do law”, which includes examples of innovative law firms, legal technology startups, and new legal service providers. An index of innovative resources is also provided. The Report is likely an interesting read for any lawyer who is interested in new developments in the legal industry. The Report can be downloaded by CBA members at cba.org/dolawdifferently, and conversation about the Report can be joined on Facebook at cba.org/ dolawdifferently_group. We invite you to contact us directly if you are “doing law differently” in Saskatchewan, and/or with feedback about the Report. We also welcome any questions or comments about the Resolutions that were passed during the National Mid-Winter Meeting of Council.
SUMMER 2016 19
POSTCARD FROM A (ALMOST) LAWYER
BEFORE THE BILLABLE HOUR, I WAS ON HAWAII TIME SEAN WATSON | WILLOWS WELLSCH ORR & BRUNDIGE LLP
S
itting on the patio of the Royal Hawaiian, sipping a Mai Tai I can barely afford, watching the sunset; any stress I might have had two weeks ago about what was going to be on my trusts final or if I had studied enough for family completely vanished – I was in paradise.
Before work begins, articling students like to blow all the money they don’t really have on adventures. From Thailand to Europe, the Dominican Republic to Mexico, after finals we travelled to places we dreamed of visiting. I had always wanted to go to Hawaii, so I went. What follows will tell you some of the story, the pictures say the rest.
It started in Oahu. Oahu an island barely 44 miles long, only 30 across, has a population of close to 1,000,000. Home to some of the most beautiful beaches in the world, Oahu is also the home of Pearl Harbor, which was the first tour. The memorial itself is beautiful – the archway representing initial defeat, but ultimate victory – it is easy to spend an entire day touring the museums, visiting the warships, and reading the stories. Our tour guide “Uncle Fred,” was a fountain of knowledge. After visiting the harbor we went on a tour of the city, where Fred highlighted famous points of interest such as where the television show Hawaii 5-0 is filmed. Oahu is also the home of the Waikiki Aquarium. A leader in conservation and education, the aquarium is the home of some beautiful fish, and some of the most disgusting eels you will ever see. It provided a good foundation for snorkeling, as I was then able to identify some of the same fish up close and personal when I met them in the ocean. The last monument I visited was a mountain known as Diamondhead. While most people take a cab or a bus to the base of the mountain, that was not in the budget. After an hour in 90 degree heat, my water bottle drained, I made it. I arrived at the base of the mountain. Now it was time for the actual hike up the mountain. The view of Waikiki was amazing, and so was the shaved ice after it was all over. Shaved ice is everywhere in Hawaii, practically a national treasure and it is delicious.
2
The week in Oahu ended, time to switch islands. After taking a flight that barely had time for drink service, we arrived in Maui to radio warnings about flooding in various parts of the island. Luckily, we did not know the island, so we hopped in our rental car and hoped the floods would not affect us.
Maui’s population is much smaller. This is the relaxed island, where you are really on Hawaiian time. Fewer hotels, more condos, it is a good place to go to melt away any residual stress you may have. Plus it has penguins! (at the Regency Hyatt).
20 BARNOTES
Of all my adventures on Maui, The Road to Hana was my favorite. Hana is the definition of a trip that is about the journey, not the destination. A 52 mile drive with 620 curves, 59 bridges, and a majority of the road is only one
3
POSTCARD FROM A (ALMOST) LAWYER
lane (despite traffic flowing in both directions), the scenery is more than worth the trip. Waterfalls are abundant, the flowers are beautiful, and the tourists are terrified. But what made the trip extraordinary, was our tour guide, Tai. Sadly, I was not able to get a photo of him. He had been driving that road as a guide for 24 years. He knows every turn, every bridge, and even the local Fed-ex driver. He imparted wisdom he had gleaned during a lifetime, for example the “Seven Sacred Pools” were only called sacred because it sounded better.
4
Between Tai and Uncle Fred, the most memorable things about Hawaii are the locals. Happy, friendly, and full of knowledge, they go above and beyond to make sure their charges have a full experience. If you have never been to Hawaii, it is a great way to forget about work, and get away from the billable hour. Beaches are everywhere, and drinks are not far behind – and if you need advice for your first visit, send me an email. It’ll help me look busy. PICTURED
1. Pearl Harbour Memorial, Oahu 2. Waikiki Aquarium, Oahu 3. Parrots at the Regency Hyatt, Maui 4. Road to Hana, Maui 5. Road to Hana, Maui 6. Raod to Hana, Maui 7. Penguins at the Regency Hyatt, Maui
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SUMMER 2016 21
2016/2017 SECTION MEETINGS
STAY CONNECTED. STAY CURRENT.
22 BARNOTES
SECTION MEETINGS All tentative dates are outlined in the section agendas listed in this handbook. Please note that meeting dates and topics can change. A list of upcoming section meetings will be posted on the CBA Saskatchewan website under the Section Calendar. Section notices will be sent to those who register for particular sections prior to each meeting, with date, topic, speaker, and location information. The first meeting of the year is open to non-CBA members, upon payment of the Attendance Fee. Registrations for the remaining meetings will be accepted from CBA members only, with the exception of paralegals, legal assistants, law office administrators, and special guests. Meetings begin in September and conclude in May. Attendance at all meetings must be confirmed online through the CBA Professional Development website, www.cbapd. org. To receive proper notice of meetings, please register early! Please note that last year’s section registrants will be advised of the first section meeting only. CBA members can attend any section meeting by confirming attendance with the Branch Office and paying the attendance fee ($26.25). For more information on CBA Membership options, view page 40 and 41 in this Handbook. GST #106843469
TELECONFERENCING OF SECTION MEETINGS Section meetings are held in Regina and Saskatoon. In an effort to provide section benefits to all members in the province, Section meetings will be accessible to members outside the meeting city via teleconferencing. Members wishing to participate via teleconferencing must advise the Branch office at least one week prior to the meeting date. Details will be provided upon confirmation of attendance. COSTS: In lieu of lunch, the “Notice Only” rate of $31.50 per conference call (per person) will be levied. No charge will be given to those who have a “Full Membership” in the section. MEETING TIMES: 12:00 Noon NOTE: You may register for an unlimited number of conference calls. If more than six (6) confirmations from the same centre are received for any one meeting, arrangements will be made for the individuals to meet and link into the meeting as a group at a local facility. Lunch would be provided. TYPES OF SECTION MEMBERSHIPS FULL MEMBERSHIP in a Section includes: notices of meetings, minutes (if any are available) and luncheon/
telephone costs for that Section. A FULL ROVING MEMBERSHIP includes notices of all Section meetings and minutes (if any) and lunch/telephone costs for any six (6) meetings. Confirmation of attendance is required for both Full Membership and Full Roving Membership. NOTICE ONLY MEMBERSHIP in a Section includes: notices of meetings and minutes (if available) for that section. A NOTICE ONLY ROVING MEMBERSHIP includes notices of all Section meetings and minutes of meetings attended (if available). Confirmation of attendance is required for both Notice Only and Notice Only Roving Membership. A luncheon/ telephone charge ($31.50) will be levied when meeting attendance is confirmed.
ABORIGINAL LAW NORTH CHAIR Leah Bitternose, Bitternose Law Office leahmbitternose@sasktel.net MEETING PLACE Saskatoon Club MEETING DATES • October 7, 2016 • November 4, 2016 • December 2, 2016 • February 2, 2017 • March 3, 2017 • April 7, 2017 SOUTH CHAIR Riva Farrell Racette MacPherson Leslie & Tyerman LLP rfarrellracette@mlt.com MEETING PLACE Hotel Saskatchewan MEETING DATES • September 15, 2016 • October 20, 2016 • November 17, 2016 • January 19, 2017 • February 16, 2017 • March 16, 2017
ADMINISTRATIVE & LABOUR LAW NORTH CHAIR Kit McGuinness. Miller Thomson LLP kmcguinness@millerthomson.com MEETING PLACE Saskatoon Club DATE & TOPICS • September 20, 2016 Labour Relations Board Update • October 18, 2016 Sask. Human Rights Commission • November 15, 2016 Employment Standards Update SUMMER 2016 23
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January 17, 2017 Arbitration Update February 21, 2017 Labour Relations & Mediation March 21, 2017 Medical Marijuana Discussion Panel
SOUTH CHAIR Ronni Nordal, Richmond Nychuk, rnordal@richmondnychuk.com MEETING PLACE Copper Kettle DATES & TOPICS • September 20, 2016 Advocate to Arbitrator • October 18, 2016 View from the Bench! • November 15, 2016 Update from the Human Rights Commission • January 17, 2017 *Joint Session with Privacy Section* Update from the Sask. Privacy Commissioner • February 21, 2017 Conversations with the Minister of Labour Relations & Workplace Safety • March 21, 2017 Update from the Sask. Labour Relations Board • April 18, 2017 Arbitration Trends
ALTERNATIVE DISPUTE RESOLUTION NORTH CHAIR Cara Haaf Scharfstein Gibbings Walen & Fisher LLP chaaf@scharfsteinlaw.com MEETING PLACE Saskatoon Club DATES • September 15, 2016 • October 13, 2016 * Joint Session with Young Lawyers North * Alternative Dispute Resolution 101 • November 17, 2016 • January 19, 2017 • February 16, 2017 • March 16, 2017
ARTICLING STUDENTS FORUM For Articling Students Only.
NORTH CHAIR Anna Beatch MacPherson Leslie & Tyerman LLP abeatch@mlt.com MEETING PLACE Saskatoon Club 24 BARNOTES
DATES & TOPICS • September 26, 2016 Surviving CPLED • October 31, 2016 Decision-making, Procrastination, Inexperience and Uncertainty • November 28, 2016 Work/Life Balance • February 27, 2017 Practicing Law in Saskatchewan: Civility • March 27, 2017 Court Appearances • April 24, 2017 Career Management: Barrister, Solicitor or Both? SOUTH CHAIR Rani Grewall, Gerrand Rath Johnson LLP rgrewall@grj.ca MEETING PLACE Hotel Saskatchewan DATES • • • • • •
September 26, 2016 October 24, 2016 November 28, 2016 January 23, 2017 February 27, 2017 March 27, 2017
BANKRUPTCY & INSOLVENCY NORTH CHAIR David Gerecke, Miller Thomson LLP dgerecke@millerthomson.com MEETING PLACE Saskatoon Club DATES & TOPICS • October 5, 2016 Sale Procedures • November 2, 2016 “You mean I can’t even do that?” • December 7, 2016 Keeping The Lights On • February 1, 2017 Legal Update • March 1, 2017 Developments in Bankruptcy Law • April 5, 2017 Involuntary Subordination of Creditors to Lienholders in Oil and Gas Insolvencies
BUSINESS LAW NORTH CHAIR Derek Hoffman MacPherson Leslie & Tyerman LLP dhoffman@mlt.com MEETING PLACE Saskatoon Club DATES & TOPICS • September 28, 2016 * Joint meeting with Securities
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Law * Best Practices for Shareholder Meetings October 26, 2016 * Joint meeting with Corporate Counsel * Employee Immigration November 23, 2016 Corporate Registry Update January 25, 2017 February 22, 2017 March 22, 2017 Ethics on Trust Conditions
SOUTH CHAIR Samer Awadh MacPherson Leslie Tyerman LLP sawadh@mlt.com MEETING PLACE Hotel Saskatchewan DATES • • • • • •
October 5, 2016 November 2, 2016 December 7, 2016 February 1, 2017 March 1, 2017 April 5, 2017
CANADIAN CORPORATE COUNSEL ASSOCIATION FORUM NORTH CHAIR Bryan Augé, Cameco bryan_auge@cameco.com MEETING PLACE Saskatoon Club DATES & TOPICS • September 21, 2016 Panel Discussion: Pertinent Compliance Issues • October 26, 2016 * Joint Session with Business Law North* Employee Immigration Issues • November 16, 2016 Roundtable Discussion – Law Department Best Practices • January 26, 2017 From an Open Door to a Strategic Law Department • March 15, 2017 From the Legal Department to the Executive Suite • April 19, 2017 Contract Drafting SOUTH CHAIR Azure-Dee Farago, SaskPower afarago@saskpower.com MEETING PLACE DoubleTree by Hilton DATES & TOPICS • September 15, 2016 Fall Kick-Off at CRAVE (Evening Event) • November 17, 2016 Non-Lawyer Regulation in a
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Corporate Setting January 16, 2017 * Joint with Privacy & Access Law South * Access to Commercial Information: A Panel Discussion Other Events (Not Yet Scheduled) Joint Policy Statements
CIVIL LITIGATION NORTH CO-CHAIRS Samuel Edmondson Scharfstein Gibbings Walen & Fisher LLP sedmondson@scarfsteinlaw.com Tom Baldry MacPherson Leslie & Tyerman LLP tbaldry@mlt.com MEETING PLACE Saskatoon Club DATES & TOPICS • September 14, 2016 Complexity under the revised Tariff of Costs Schedule • October 12, 2016 Summary Judgment Practice & Procedure • November 9, 2016 Use of Expert Evidence • February 8, 2017 Enforcement of Money Judgments • March 8, 2017 Efficient & Effective Discovery • April 12, 2017 Summary Judgement Practice & Procedures SOUTH CHAIR Alison Cathcart, McDougall Gauley LLP acathcart@mcdougallgauley.com MEETING PLACE Hotel Saskatchewan DATES & TOPICS • October 12, 2016 Mandatory Mediation & Customized Mediation • November 9, 2016 Recent Developments in Builders’ Lien Act Jurisprudence • February 8, 2017 Refresher on Document Production and Privilege • March 8, 2017 Refresher on Writing Affidavits
CRIMINAL JUSTICE SOUTH CHAIR Jeffery Deagle, Hunter Peterson Deagle jeff.deagle@reginalaw.ca MEETING PLACE Hotel Saskatchewan DATES
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September 13, 2016 October 11, 2016 November 8, 2016 January 10, 2017 February 14, 2017 March 14, 2017
ENVIRONMENTAL & RESOURCES LAW SOUTH CO-CHAIRS Jonathan Kalmakoff, SaskPower jkalmakoff@saskpower.com Angela Stolz, McDougall Gauley LLP astolz@mcdougallgauley.com MEETING PLACE Hotel Saskatchewan DATES & TOPICS • October 6, 2016 The Environment in Saskatchewan Today • November 3, 2016 Transboundary Water Systems • December 1, 2016 Indoor Air Quality – Current Trends and Issues in the Built Environment • February 2, 2017 Wind Power Project Development • March 2, 2017 *Joint session with Public Sector Municipal Law* The Regina Waste Water Treatment Plant P3 Project
FAMILY LAW NORTH CHAIR Deborah L. Giles Scharfstein Gibbings Walen & Fisher LLP dgiles@scharfsteinlaw.com MEETING PLACE Saskatoon Club DATES • • • • • •
September 22, 2016 October 27, 2016 November 24, 2016 January 26, 2017 February 23, 2017 March 23, 2017
SOUTH CHAIR Dave Couture Kanuka Thuringer LLP dcouture@ktllp.ca MEETING PLACE Hotel Saskatchewan DATES & TOPICS • September 22, 2016 Working with the Maintenance Enforcement Office • October 27, 2016 Working with Social Services • November 24, 2016 Oppression Remedy Claims
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& Application in Family Law January 26, 2017 Family Law Chambers Discussion February 23, 2017 Taxations in Family Law March 23, 2017 Adult Children
IMMIGRATION LAW CHAIR Brett Cavanaugh, McKercher LLP b.cavanaugh@mckercher.ca MEETING PLACE IN REGINA - McDougall Gauley LLP (1500 - 1881 Scarth Street) & IN SASKATOON - McDougall Gauley LLP (500-616 Main Street) offices via videoconference. Lunch provided. DATES • • • • • •
October 4, 2016 November 1, 2016 December 6, 2016 February 7, 2017 March 7, 2017 April 4, 2017
PRIVACY & ACCESS LAW SOUTH CHAIR Jan Cowie, Farm Credit Canada jan.cowie@fcc-fac.ca MEETING PLACE Hotel Saskatchewan DATES • • • • • •
September 12, 2016 November 14, 2016 Janaury 9, 2017 February 13, 2017 March 13, 2017 April 10, 2017
PUBLIC SECTOR & MUNICIPAL LAWYERS FORUM SOUTH CHAIR Steven Dribnenki Sask. Urban Municipalities Assc. sdribnenki@suma.org MEETING PLACE Hotel Saskatchewan DATES & TOPICSCs • September 27, 2016 The Ombudsman: The Fine Art of Fairness Ombudsman • October 25, 2016 The Lobbyist Registry: What You Need to Know • November 22, 2016 Public Employees & Social Media: Avoiding Twitter Trouble & Facebook Fiascos • January 24, 2017 SFL v Saskatchewan • February 28, 2017 SUMMER 2016 25
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The New Mosaic Stadium March 28, 2017 When Jurisdictions Clash: The Paramountcy Trilogy
REAL PROPERTY NORTH CHAIR Michael Derbowka Cuelenaere Kendall Katzman & Watson LLP mderbowka@cuelenaere.com MEETING PLACE Saskatoon Club DATES • • • • • •
September 19, 2016 October 17, 2016 November 21, 2016 January 16, 2017 March 20, 2017 April 24, 2017
REAL PROPERTY & WILLS SOUTH CHAIR Marc Kelly, Kanuka Thuringer LLP mkelly@ktlp.ca MEETING PLACE Hotel Saskatchewan DATES • September 19, 2016 Update from the Farm Land Security Board • October 17, 2016 • November 21, 2016 • January 16, 2017 • March 20, 2017 • April 24, 2017
SECURITIES LAW NORTH CHAIR Joseph Gill, McKercher LLP j.gill@mckercher.ca MEETING PLACE Saskatoon Club DATES & TOPICS • September 28, 2016 * Joint with Business Law North * Best Practices for Conducting a Shareholder Meeting from a Corporate and Securities Law Perspective. • October 12, 2016 Changes to the Offering Memorandum Rules • November 16, 2016 The Role of the Accountant in Public Offerings • February 8, 2017 Underwriter Roles in Public & Private Financings • March 8, 2017 • April 12, 2017 Summary of recent regulatory developments and updates on the 26 BARNOTES
regulatory activities of the FCAA.
SEXUAL ORIENTATION & GENDER IDENTITY FORUM CHAIR David Culleton, Justice Canada david.culleton@justice.gc.ca MEETING TIME & PLACE No regularly scheduled meetings. SOGIC will plan one or two meetings throughout the year.
TAXATION LAW SOUTH CHAIR Graham Purse, Miller Thomson LLP gpurse@millerthomson.com MEETING PLACE Miller Thomson LLP (600, 2103 11th Avenue, Regina) DATES • • • • • •
October 4, 2016 November 1, 2016 December 6, 2016 February 7, 2017 March 7, 2017 April 4, 2017
WILLS, ESTATES & ELDER LAW NORTH CHAIR Jan King, WMCZ Lawyers jan.king@wmcz.com MEETING PLACE Saskatoon Club DATES & TOPICS • September 21, 2016 Recent Tax Developments Affecting Estate & Elder Law • October 19, 2016 Dilemmas in the Funeral Services Industry • November 16, 2016 The Law Reform Commission of Sask. • January 18, 2017 Intellectual Property Rights • March 15, 2017 Adult Guadianship Applications WOMEN LAWYERS FORUM NORTH CHAIR Jessie Buydens, Scott Phelps & Mason jbuydens@smplaw.ca MEETING PLACE Saskatoon Club DATES • • • •
October 6, 2016 November 23, 2016 December 1, 2016 February 9, 2017
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March 2, 2017 April 6, 2017
SOUTH CHAIR Carly Romanow Pro Bono Law Saskatchewan carly@pblsask.ca MEETING PLACE Hotel Saskatchewan DATES • September 27, 2016 The Justica Project in Sask. • October 26, 2016 Marketing & Business Strategies for Female Lawyers • November 23, 2016 Effective Time Management • January 25, 2017 Missing & Murdered Indigenous Women • March 22, 2017 Reflections on the participation from Women in the Legal Profession • April 26, 2017 YOUNG LAWYERS FORUM NORTH CHAIR Megan Lorenz, McDougall Gauley LLP mlorenz@mcdougallgauley.com MEETING PLACE Saskatoon Club DATES & TOPICS • October 13, 2016 * Joint Session with Alternative Dispute Resolution * Alternative Dispute Resolution 101 • November 10, 2016 Client Insurance • December 8, 2016 How Do I Build a Practice? Marketing as a young lawyer • February 9, 2017 Getting Things Done BEFORE Trial • March 9, 2017 Surviving the First 5 Years • April 13, 2017 Ethics as a Young Lawyer SOUTH CHAIR Nicole Hamm Olive Waller Zinkhan & Waller LLP nhamm@owzw.com MEETING PLACE Hotel Saskatchewan DATES & TOPICS • October 13, 2016 • November 10, 2016 • December 8, 2016 • February 9, 2017 • March 9, 2017 • April 13, 2017
CALENDAR OF EVENTS September 15, 2016
NOMINATION DEADLINE: QUEEN’S COUNSEL
September 27, 2016
Wine & Cheese Welcome Reception, College of Law
Saskatoon
October 6, 2016 Council Regina November 15, 2016
NOMINATION DEADLINE: DISTINGUISHED SERVICE AWARD
November 2, 2016
Saskatchewan Law Firm Showcase
Saskatoon
November 24, 2016
CBA Board of Directors
Conference Call
December 15, 2016
NOMINATION DEADLINE: BRANCH TREASURER
January 13, 2017
Executive Committee Annual Planning Meeting
Regina
January 25, 2017
Mock Interviews at College of Law
Saskatoon
January 27, 2017
Gown to Gown Charity Gala
Regina
MOVED OFFICES OR CHANGED JOBS?
LET US KNOW! We do our best to keep our database up to date throughout the year. If you’ve moved offices or changed jobs, drop us a line to let us know! All changes can be sent to: info@cbasask.org. Written changes can be sent to: CBA Saskatchewan, 306, 105-21st Street East, Saskatoon, SK, S7K 0B3.
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SUMMER 2016 27
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