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1 1 2 3 4 5 6 7 CONVOCATION 8 9 10 11 12 13 14 PUBLIC SESSION 15 16 17 18 19 20 THURSDAY, APRIL 10, 2014 - 9:00 A.M. 21 22 23 OSGOODE HALL, TORONTO 24 25 2 1 CONVOCATION ATTENDANCE - MORNING SESSION 2 TREASURER - Thomas G. Conway 3 Robert P. Armstrong (ph.) George D. Hunter (ph.) 4 Vern Krishna Gavin MacKenzie 5 Harvey Strosberg Marion Boyd 6 Jack Rabinovitch Jan Richardson (ph.) 7 Gerald Sheff Baljit Sikand 8 Catherine Strosberg (ph.) Larry Banack 9 Paul Copeland (ph.) Patrick Furlong (ph.) 10 Ron Manes (ph.) Ross Murray 11 Heather Ross (ph.) Clayton Ruby 12 Gerald A. Swaye Bradley H. Wright (ph.) 13 Roger Yachetti (ph.) Raj Anand 14 Constance Backhouse (ph.) Jack Braithwaite 15 Christopher D. Bredt Robert Burd 16 John Callaghan John A. Campion 17 Cathy Corsetti Marian Louise Dickson 18 Adriana Doyle Ross F. Earnshaw 19 Lawrence Eustace (ph.) Robert Evans 20 Julian Falconer Avvy Go 21 Howard Goldblatt Michelle Haigh 22 Susan M. Hare Carol Hartman 23 Jacqueline Horvat Brian Lawrie 24 Janet Leiper Michael Lerner 25 Marian Lippa Virginia MacLean (ph.) 3 1 William McDowell Susan T. McGrath 2 Malcolm Mercer Janet E. Minor 3 Barbara Murchie Julian Porter 4 Judith M. Potter Nicholas John Pustina 5 Susan Richer Linda Rothstein 6 Mark Sandler James Scarfone (ph.) 7 Paul Schabas Alan G. Silverstein 8 Joseph Sullivan Beth Symes 9 Peter Wardle Laurie H. Pawlitza 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 CONVOCATION ATTENDANCE - AFTERNOON SESSION 2 TREASURER - Thomas G. Conway 3 Gavin MacKenzie Marion Boyd 4 Jack Rabinovitch Jan Richardson (ph.) 5 Gerald Sheff Catherine Strosberg (ph) 6 Patrick Furlong (ph.) Ron Manes (ph.) 7 Clayton Ruby Bradley H. Wright (ph.) 8 Roger Yachetti (ph.) Raj Anand 9 Constance Backhouse (ph.) Jack Braithwaite 10 Christopher D. Bredt Robert Burd 11 John Callaghan John A. Campion 12 Cathy Corsetti Marian Louise Dickson 13 Adriana Doyle Ross F. Earnshaw 14 Robert Evans Julian Falconer 15 Avvy Go Howard Goldblatt 16 Michelle Haigh Susan M. Hare 17 Jacqueline Horvat Brian Lawrie 18 Michael Lerner Marian Lippa 19 Virginia MacLean (ph.) William McDowell 20 Susan T. McGrath Janet E. Minor 21 Barbara Murchie Julian Porter 22 Judith M. Potter Nicholas John Pustina 23 Susan Richer Linda Rothstein 24 James Scarfone (ph.) Paul Schabas 25 Alan G. Silverstein Joseph Sullivan 5 1 Beth Symes Laurie H. Pawlitza 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 2 INDEX 3 MATTER PAGE NO. 4 TREASURER'S REMARKS 8 5 ADDRESS BY FREYA KRISTJANSON 16 6 DISCUSSION OF TRINITY WESTERN UNIVERSITY 7 ACCREDITATION 24 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 --- Upon commencing at 9:00 a.m. 2 TREASURER CONWAY: Good morning, 3 everyone. I'd like to take attendance, for those 4 members of Convocation who are attending by phone. 5 When I call your name, would you please indicate that 6 you're present. Robert Armstrong? 7 MR. ARMSTRONG: Good morning, Treasurer. 8 TREASURER CONWAY: Constance Backhouse? 9 MS. BACKHOUSE: Present. 10 TREASURER CONWAY: Larry Banack? 11 MR. BANACK: Present in the room. 12 TREASURER CONWAY: Thank you. Paul 13 Copeland? Paul Copeland? Seymour Epstein? 14 MR. COPELAND: Present. Paul Copeland 15 present. 16 TREASURER CONWAY: Thank you. Seymour 17 Epstein? Lawrence Eustace? 18 MR. EUSTACE: I'm here. 19 TREASURER CONWAY: Patrick Furlong? 20 MR. FURLONG: Here. 21 TREASURER CONWAY: Virginia MacLean? 22 MS. MacLEAN: Here. 23 TREASURER CONWAY: Jan Richardson? 24 MS. RICHARDSON: Present. 25 TREASURER CONWAY: Heather Ross? 8 1 MS. ROSS: Present. 2 TREASURER CONWAY: Catherine Strosberg? 3 MS. STROSBERG: Present. 4 TREASURER CONWAY: Bradley Wright? 5 MR. WRIGHT: Here. 6 TREASURER CONWAY: James Scarfone? 7 MR. SCARFONE: Here. 8 TREASURER CONWAY: Is there anyone on 9 the phone whose name I have not called? 10 MR. SANDLER: Mark Sandler. 11 TREASURER CONWAY: I'm sorry? 12 MR. SANDLER: Mark Sandler. 13 TREASURER CONWAY: Thank you, Mr. 14 Sandler. Anyone else? 15 MR. MANES: Ron Manes. 16 TREASURER CONWAY: Anyone else? All 17 right. 18 MR. YACHETTI: Roger Yachetti is here. 19 TREASURER CONWAY: Thank you, Mr. 20 Yachetti. Anyone else? 21 MR. HUNTER: George Hunter. 22 TREASURER'S REMARKS: 23 TREASURER CONWAY: Thank you, Mr. 24 Hunter. Anyone else? All right. Before turning to 25 the business at hand, I'd like to review the 9 1 instructions for the phone system for those 2 participating by phone. Once we determine who is on 3 the telephone, I will let everyone know that we will be 4 placing those calling into the meeting in what we call 5 lecture mode. 6 This means that from our end we are 7 muting all callers and, once muted, they will be able 8 to hear the meeting, but cannot speak. We, of course, 9 will need to come out of lecture mode to hear callers 10 who wish to speak and we will do that as the day 11 progresses with the speakers' list. Unless callers 12 wish to speak I ask that they star 6 their telephones, 13 as we have done in the past, and we will repeat this 14 procedure throughout Convocation as necessary. 15 I have one additional bit of business to 16 deal with today, not anticipated, but it comes as a 17 result of a happy event for one of our bencher 18 colleagues. 19 As you know from the memorandum from the 20 secretary, Robert Wadden was appointed a judge of the 21 Ontario Court of Justice last week. On behalf of 22 Convocation, I congratulate Justice Wadden on his 23 appointment and wish him well as he begins his career 24 on the bench in Ottawa. 25 This appointment has created a vacancy 10 1 for a bencher in the electoral region outside of 2 Metropolitan Toronto, and we have a motion before us at 3 tab 5 -- sorry, tab 6, to elect Peter Festeryga from 4 Leamington as a bencher. 5 The motion before Convocation is moved 6 by Adriana Doyle and seconded by Ross Earnshaw. Any 7 discussion? All in favour of the motion? Opposed, if 8 any? Carried. 9 Mr. Festeryga will be joining us on 10 April 24th, when I will give him a more fulsome 11 introduction. I know you will extend a warm welcome to 12 him at that time. 13 On behalf of Convocation I also wish to 14 congratulate the five paralegal benchers who were 15 elected on March 31st and took office yesterday. 16 Robert Burd, Cathy Corsetti, Michelle Haigh, Brian 17 Lawrie and Marian Lippa. Welcome. For most of you, 18 welcome back to Convocation. 19 Before we begin the deliberations 20 respecting Trinity Western University, I want to take 21 this opportunity to review today's proceedings. Before 22 that, however, I would like to acknowledge three 23 individuals who are joining us today in Convocation 24 room; Bob Kuhn, the president and vice chancellor of 25 Trinity Western University, Janet F. Buckingham, LLC, 11 1 director and associate professor of political studies 2 and history at Trinity Western University, and Eugene 3 Meehan, of Supreme Advocacy LLP Ottawa, counsel to 4 Trinity Western University. 5 TWU is the applicant seeking 6 accreditation. Its representatives are here today as 7 observers only and will not be participating in our 8 discussions. They will have the opportunity provide a 9 written response following this Convocation for 10 Convocation on April the 24th and to address 11 Convocation at that time. 12 As you know, we are webcasting 13 Convocation today and on April the 24th so that anyone 14 who wishes can view our Convocation proceedings from 15 their desktop computer. For those benchers who are 16 following the debate on the telephone and were thinking 17 of also watching the webcast, you should know there is 18 a 60 second delay and, as a result, I suggest you do 19 not try to follow the webcast or at least mute the 20 volume if you do. 21 In addition, some rooms have been set 22 aside here at the Law Society for lawyers, paralegals 23 and members of the public to watch the webcast. Today 24 these individuals are in the upper and lower 25 barrister's lounges and on April 24th will be in the 12 1 Lamont Learning Centre. 2 On February 27th, 2014, I advised 3 Convocation of the process we would follow in 4 determining the Law Society's accreditation of TWU. A 5 copy of my statement is available on the Law Society's 6 website and on BoardBooks at tab 1. I don't intend to 7 repeat that statement here. 8 In a few moments, Ms. Freya Kristjanson, 9 who is acting as counsel to the Law Society on this 10 matter, will provide Convocation with some overview 11 information and will refer to some of the issues I 12 addressed in my February statement. 13 Ms. Kristjanson is a partner at 14 Cavalluzzo, Shilton, McIntryre, Cornish LLP Toronto, 15 where she practices administrative law and civil 16 litigation. Welcome to Convocation. 17 Before Ms. Kristjanson speaks, however, 18 I would like to highlight the material that is before 19 Convocation and a few points from my February statement 20 to remind Convocation of certain procedural issues.