NOVAVolume 38, No. 1 | WINTER 2019 TheVOCE Voice of the Legal Profession in Nova Scotia

IN THIS ISSUE Self Care Tips for the Festive Season Mentorship in the Modern Era CBA Intervenes in NS Judicial Compensation Case Award Winners Announced Is Santa an International Criminal? Transgender People and Prison The New Chief Justice Asks: ‘How Do We Measure Up?’ CBA’s Truth and Reconciliation Initiatives Tips for Successful Technology Adoption Ethics: Why Doing the Right Thing Matters TABLE OF PRESIDENT’S MESSAGE CONTENTS On a provincial branch level, the CBA 2019-2020 Executive Reports 3 DAN – Nova Scotia has met with the Federal WALLACE 4 Welcome to the New Executive Director Minister of Justice and representatives of 5 CBA National Board Update McInnes Cooper the Federal and Provincial Departments CBA Intervenes in NS Judicial Compensation of Justice. 6 Case at SCC During these meetings, the CBA – 7 Tackling Homelessness Toolkit Nova Scotia has specifically advocated Law and Power Imagine you had to flee your home country for funding for legal aid services for 8 because you fear persecution due to your CBA–NS Award Winners refugee claimants in this province. Nova 9 race, religion or sexual orientation. After Scotia, unlike many other provinces, A Perspective on Diversity and Inclusion in the a difficult and dangerous journey, you 10 Workplace does not provide legal aid services to arrive in Canada and make a refugee claim. Transgender People and Prisons refugee claimants. While non-profit 12 The determination of that claim may organizations like the Halifax Refugee CBA’s National Truth and Reconciliation have literal life-or-death consequences: Clinic and pro bono lawyers try to fill the 14 Initiatives you may be granted refugee status and gaps, this is not a long-term sustainable 15 TRC Blanket Ceremony live in safety in Canada, or you may be approach. Young Lawyer Profile: returned to the country that you fear and 16 Tanner McInnis from which you have just escaped. We focused on this particular issue as it has the opportunity to provide tangible The Honourable Chief Justice Michael J. Wood Now, imagine that you have to navigate 17 Asks ‘ How Do We Measure Up?’ near-term results, and it is one where the refugee claim and hearing process in Nova Scotia lags behind other Canadian Justice Karakatsanis Wows at Bench & Bar a foreign legal system and language that 18 Dinner provinces. An individual coming to you do not understand, and that you have Canada to make a refugee claim should 2019 Annual Conference 20 to do it without a lawyer. be in no worse position simply because Tips for Successful Technology Adoption in This scenario is unfortunately a common they happen to make a claim in Halifax or 22 Legal Teams one and just one of many examples of Truro rather than, say, Winnipeg or St. 23 CBA in the Media where Canada’s access to justice problem Johns. Too Many Lawyers are Entering Retirement With plays out in real life. At the CBA – Nova Scotia, we know that 24 Inadequate Savings In the words of the Honourable Justice lawyers and judges in Nova Scotia work 25 Changes to the NSBS Bar Admission Program Thomas Cromwell, access to justice is every day, on an individual and systematic 26 Self Care Tips for the Festive Season the biggest challenge facing our legal level, to provide access to justice. The 27 A Responsible Lawyer’s Guide to the Work system. Lawyers and judges see first hand CBA – Nova Scotia would like to thank Christmas Party the barriers to access to justice and the you for those efforts and, if you think it 28 Is Santa an International Criminal? resulting consequences to the individuals might be helpful, to offer our assistance. A Message From Your Lawyer involved, the administration of justice, So, please feel free to contact us if you 29 believe that the CBA – Nova Scotia can Why Doing the Right Thing Matters and society as a whole. 30 assist. Mentorship in the Modern Era As part of its public policy and advocacy 31 work, the Canadian Bar Association is Law Students’ Section Update 32 devoted to improving access to justice. Section Executives 2019-2020 34 On a national level, the CBA engaged EDITORIAL BOARD Section Meetings 35 in an advocacy campaign entitled Tammy Wohler, Nova Scotia Legal Aid #legalaidmatters during the recent Victor J. Ryan, Burchells LLP Published by the Canadian Bar Association Michael Murphy, McInnes Cooper – Nova Scotia Branch federal election where we encouraged Damien Barry, Louisbourg Seafoods Group CIBC Bldg., 1809 Barrington St., and assisted our members to put the Suite M102, Halifax, NS B3J 3K8 issue of legal aid funding on the radar by Special thanks to everyone who contributed to the Phone: 902 422 1905 contacting their local members. magazine and CBA-NS staff for their assistance. Fax: 902 423 0475

Email: [email protected] 2 Nova Voce •Website: FALL 2018 www.cbans.ca CBA Nova Scotia EXECUTIVE REPORTS

VICE PRESIDENT the strong new 2020. In the meantime, I look forward I am a senior litigator leadership taking to continued work at the CBA-NS with the Nova Scotia the helm. As Executive Committee table, including Department of Justice Past President, I advocacy regarding unpaid law student and have been a Chair the Branch’s and articling positions, and to exciting CBA member for Nominating national events like the Young Lawyers Committee and the Conference coming up in June 2020. Agnes MacNeil, (literally) decades. I Gail Gatchalian, QC Department of appreciate receiving Pink Larkin CBA-NS Sexual (See you in Toronto?!) Justice the opportunity to Harassment Work Fall 2019 was busy with section meetings give back to the Association, which has Group, which is developing bystander and the CBA-NS Annual Conference. provided me with so much legal education intervention training to address sexual The Young Lawyers Section had the and support over the years. This year, in harassment in legal workplaces. pleasure of hosting the Bench & Bar addition to being Vice-President of our Reception, as part of the Conference. Branch, I am Chair of our Professional EQUITY It was a definite highlight to welcome Development Committee, which I have national CBA President Vivene Salmon I am very excited to be been a member of for several years. I to this event, where she presented the am looking forward to planning another joining the CBA-NS Zöe Odei Young Lawyers Award to great conference next year and am happy executive for this year! Morgan Manzer – look at page 8 for to receive any feedback or suggestions our While I am new(ish) more about Morgan’s inspiring story. members may have anytime. to Nova Scotia, I am Our first session in 2020 will cover not new to the CBA Mediation Best Practices. Stay tuned for Matthew Moulton, more details on that and other events! SECRETARY - Cox & Palmer having served in various capacities in As always, please let me and Courtney TREASURER the CBA-NL branch. Coming off of a know if you have any suggestions for how the Section can best serve young I am grateful for the busy summer which included a strong (and young-at-heart) lawyers. opportunity to serve showing in Halifax Pride, I am looking the CBA-NS in the forward to gearing up for the year role of Treasurer for ahead, which will include working on MEMBERSHIP & Terry Shepperd, the next year and to BoyneClarke ways by which the Branch can help to be working with the MEMBER SERVICES implement the Truth and Reconciliation Executive Committee and Executive I am pleased to be Director to find new and cost- Commission’s Calls to Action. We are a part of the CBA- efficient ways to increase membership also working with each of our sections NS executive for the to ensure we have a diverse and inclusive and provide valuable continuing Janet Curry, 2019-2020 year. I professional development and benefits membership across the board. If you Workers’ have enjoyed all of Compensation to our members. The branch is in solid have any questions or comments on how my engagement with financial shape and I look forward to Board of Nova the Branch can improve diversity and Scotia the CBA over my 25 another year of continued growth. inclusion in the profession, please reach plus years of membership and have out to me. been fortunate to participate in many PAST PRESIDENT professional development and section I am very much enjoying the role of YOUNG LAWYERS activities throughout that time. I have Past President! While it’s been sad to This is my second (and had the pleasure of being involved in see outstanding leaders such as Past final) year as Chair of various capacities in the very active President Jean Beeler, QC, former the Young Lawyers CBA-NS branch and I understand the Equity Chair Jack Townsend and Section. I will be benefits of having a CBA membership former Communications & Public passing the torch to and the connections that it can provide. Relations Chair Jennifer Keliher roll off Jennifer Taylor, Vice-Chair Courtney As the current Membership and the Executive, it is exciting to witness Stewart McKelvey Barbour later in CONTINUED ON NEXT PAGE

The voice of the legal profession Nova Voce • WINTER 2019 3 EXECUTIVE REPORTS

CONTINUED FROM PREVIOUS PAGE WELCOME TO THE NEW Membership Services Chair, I am looking forward to the year ahead. This will include working on ways EXECUTIVE DIRECTOR by which the NS Branch can help to enhance membership and benefits, as well as improving connections with our busy members to help them better The Executive Committee would like understand the benefits available to to thank Tina Tucker on her support them as members of the CBA and the and dedication to the Branch over the Nova Scotia Branch in particular. If last ten years as she moves on from you have any questions or comments her position as Executive Director in how the Branch can improve and wish her the very best in her new membership value or have an interest ventures. The Executive Committee in becoming involved in this area, extends a very warm welcome to the please reach out to me. incoming CBA-NS Executive Director, Jane Elise Bates.

COMMUNICATIONS With 16 years’ experience working as & PUBLIC an in-house counsel across multiple countries, Jane is familiar with the RELATIONS joys and pressures of life as a lawyer. This fall, I became She has volunteered as the Divisional the new Chair of the President and Board Member of the Tammy Wohler, Communications Association of Corporate Counsel Nova Scotia Legal and Public Relations Aid (Australia), and is uniquely placed Standing Committee. I am excited about the coming of 2020, to help CBA members succeed in the with all the opportunities a new year legal profession, individually and provides. I look forward to serving collectively as a professional group. the CBA membership and providing a voice to our members. With a On a personal level, Jane recently Jane Bates, new Executive Director of renewed focus on social media, we relocated to Halifax from Canberra, CBA–NS. will keep you updated on what we are Australia with her husband. She doing at the CBA-NS Branch level is a world-traveller, self-confessed see her pounding the pavement over and the CBA Nationally, as well as on chocoholic, owner of too many shoes, the coming months in preparation for issues that impact the legal profession. and recent convert to yoga. race day. But never early, because she’s Professionally, I am the Managing not a morning person! Lawyer for the Social Justice Office of Jane is enjoying the abundance of Nova Scotia Legal Aid, having been seafood in the province and finds the Jane looks forward to assisting with Nova Scotia Legal Aid for 12 years. lobster pool at the airport a constant members to develop the connections, In my administrative law practice, the source of amusement. She is also knowledge and skills they need to professional development provided well progressed in her one woman successfully practise law in Nova Scotia. by the CBA has been invaluable. I challenge to taste test every lobster roll If you haven’t yet met her, feel free to hope you enjoy this issue of Nova in the city. Voce. I would love to hear from any contact Jane at [email protected] or CBA members with a story to share in Jane is also on the Board of Directors of drop by the CBA-NS offices and say upcoming issues. the Blue Nose Marathon – so you may “g’day”!

4 Nova Voce • WINTER 2019 CBA Nova Scotia CBA NATIONAL AN UPDATE FROM THE CBA NATIONAL BOARD

JASON COOKE

Burchells LLP

I am happy to provide an update to my fellow CBA-NS members on the activities of the national CBA Board. In September, I entered my second year of the two-year term as a Director from Nova Scotia. An ongoing endeavor is implementing Jack Innes Award, and the Douglas Miller The last few months have been busy as the recommendations of our Truth and Rising Star Award. It was also fantastic a Board, and much of our focus revolves Reconciliation Task Force. The Calls to to see Nova Scotia’s Clary Beckett, QC of around membership. Our goals are multiple Action remain a priority for the CBA as they Patterson Law nominated for the Louis St- on this front: inducting new members, should be for all stakeholders, including Laurent Award of Excellence, and I would bringing former members back into the individual members, firms, governments, strongly encourage members to think about fold, and ensuring our current members and other actors. Please visit https:// nominations for 2020 as I know there are satisfied. Much of the recent work www.cba.org/Truth-and-Reconciliation/ are many CBA-NS members worthy of involves learning who our members are Home to learn more about CBA’s advocacy recognition. and how we can provide members with the efforts, tools and resources, and educational maximum value from their membership. In offerings. Looking ahead, the 2020 Young Lawyers my observation, we are seeing increases in Section will be having its Annual Conference new members and more engagement from On a more personal note, much of my time in Toronto on June 4th and 5th. Closer to existing members which is great news. on the Board is devoted to work on the home, the National Aboriginal Law Section Governance and Equality Committee. As will be having its annual conference here In terms of advocacy, our focus has been on it has now been a few years under a new in Halifax on June 24 to 26. Those are just access to justice, along with addressing issues governance framework, a Governance a couple of examples of a great calendar of related to solicitor-client privilege. On the Review Task force has been convened and CBA events planned for 2020. former, the CBA has been at the forefront the committee will begin detailed work this in advocating for increased support for legal month. Finally, my term as director will expire in aid across the country. Legal aid is obviously September 2020. I strongly encourage any a critical component of meaningful access to One of the pleasures of Board leadership has members with interest in serving on the justice in Canada. To that end, the CBA this been serving on the Awards Sub-Committee national Board to reach out to me with any year initiated the #legalaidmatters campaign which reviews and recommends recipients questions. I can say that although it is a which occurred in tandem with the Federal for the CBA Awards. We were very pleased significant commitment of time and effort, election. I expect you encountered the this year with the amount and quality of serving on the Board is a very rewarding campaign on social media and it was very applicants for the awards including the and enjoyable experience. well received in all circles. Ramon John Hnatyshyn Award for Law,

The voice of the legal profession Nova Voce • WINTER 2019 5 ADVOCACY CBA INTERVENES IN NS JUDICIAL COMPENSATION CASE AT SCC

Prepared with the assistance of Kim Covert, Editor of CBA Influence

The CBA recently appeared as intervenor at the Supreme Court of Canada in two appeals heard together: Nova Scotia (Attorney General) v. Judges of the Provincial Court and Family Court of Nova Scotia and Attorney General of British Columbia v. Provincial Court Judges’ Association of British Columbia.

The appeals, arising from a dispute on the determination of judicial compensation, represent the third time that the CBA has appeared before the Supreme Court on this issue, arguing for the larger principle of judicial independence. Both cases stemmed from the provinces not accepting the recommendations of @BLGLaw team Guy Pratte, Ewa Krajewska and Neil Abraham, who appeared for the CBA their respective Judicial Compensation in NS and BC appeals. Seen with John Stefaniuk, Chair, CBA Judicial Issues Committee. Commissions (“JCCs”). regarding judicial compensation. PEI being asked to rule on the production of The appeals do not concern the merits Reference sets out the process by which confidential Cabinet records in a judicial – that is, the ‘rationality’ – of BC’s and judicial compensation ought to be review of the provinces’ decisions. At NS’s responses to the recommendations. determined in order to safeguard judicial first instance, the British Columbia and Rather, at issue is the proper scope independence. Bodner clarifies that there Nova Scotia provincial court judges asked of the record on a judicial review of needs to be a “public and open process of for a judicial review of the provinces’ the state’s refusal to accept a JCC’s recommendation and response” in order decisions to reject recommendations by recommendations. for the recommendations of the JCCs to their respective Judicial Compensation have meaningful effect – the state may Commissions. Of import are two earlier Supreme reject the recommendation, but must give Court of Canada decisions, in which rational reasons for doing so, reasons that The judges’ associations of both provinces the CBA had also intervened, on are not meant to influence or manipulate brought motions to their Supreme Courts similar issues. Those decisions, PEI the judiciary. to have the reports and recommendations Reference and Bodner, together establish to the respective governments included the framework for recommendations The Supreme Court of Canada is now CONTINUED ON NEXT PAGE

6 Nova Voce • WINTER 2019 CBA Nova Scotia ADVOCACY

CONTINUED FROM PREVIOUS PAGE with Branches, National Sections, and CBA’s legal team argued in its factum Committees with a policy mandate, as per to the Supreme Court. “Whether or in the record. In Nova Scotia, the judges’ the CBA’s Intervention Regulation. Guy not the government’s decision was ill- associations also moved to include an J. Pratte, Nadia Effendi, Ewa Krajewska intentioned, a secret process reasonably affidavit, written by the Hon. James H. and Neil Abraham of Borden, Ladner and causes the public to speculate about the Burrill, providing information about Gervais in Toronto and Ottawa, appeared government’s motivations and question the history of judicial compensation and for the CBA on a pro bono basis. whether the decision was political rather related matters. than objective.” “In PEI Reference, the CBA started at first The Supreme Court of each province, principles to explain why the process itself Doubts about judges’ financial security followed by their respective Courts must flow from strict deferral to judicial could compromise the public’s perception of Appeal, largely ruled in favour of independence”, the CBA intervention of the judiciary, the factum argues. “As the production of the reports and proposal states. “In Bodner, the CBA it is a constitutional imperative that the recommendations for judicial review, applied those first principles in assessing public be able to satisfy itself that judicial subject to the redaction of any passages the role of the JCC as the guarantor of that compensation is not managed in a manner covered by solicitor-client privilege. In independence. In the present appeals, the that undermines judicial independence, Nova Scotia, Judge Burrill’s affidavit was question is how those principles inform failure to do so must be the threshold largely admitted, excluding irrelevant disclosure obligations.” where judicial compensation processes passages. Both provinces appealed to the cease being neutral and become political.” Supreme Court of Canada. “The constitutional principle of judicial independence demands that transparency, The Supreme Court of Canada heard The intervention proposal of the CBA rather than secrecy, ought to guide arguments on December 9, 2019 and has was approved after robust consultation judicial compensation proceedings,” the reserved its decision. TACKLING HOMELESSNESS TOOLKIT Homelessness is a serious problem in from across Canada with expertise in the CBA website. This is an opportunity Canada. At least 235,000 Canadians municipalities, land use control and to remind municipal governments that a experience some form of homelessness town planning and the intersection of strong strategy to address homelessness each year and an estimated 35,000 municipal issues with provincial and can result in many benefits for the Canadians experience homelessness on a federal laws – has put together a toolkit community and for homeless individuals, given night. that will help municipal governments and that CBA members can help. develop a strategy to tackle homelessness. Despite being the level of government that If you would like more information on most often interacts with people without At a local level, CBA-NS has supported this important initiative, contact Marc- adequate housing, municipalities often do this initiative by reaching out to municipal André O’Rourke (Staff Lawyer to the not have enough resources or expertise leaders across Nova Scotia to share the CBA Municipal Law Section) at marcao@ to address its challenges. To assist, the Tackling Homelessness: A Legal Guide CBA.org. CBA Municipal Law Section – lawyers for Municipal Governments available on

The voice of the legal profession Nova Voce • WINTER 2019 7 ZOË ODEI YOUNG LAWYERS’ AWARD LAW & POWER REFLECTIONS FROM 2019’S ZOË ODEI YOUNG LAWYERS’ AWARD WINNER

On November 21, 2019, CBA-National reminded me that it is a tremendous with vinegar.” While we work in an President Vivene Salmon presented Morgan privilege to be able to practise law. That adversarial legal system, I strike a Manzer with the Zoë Odei Young Lawyers’ privilege comes with responsibility: the notable conciliatory tone where possible Award. CBA-Nova Scotia established the responsibility to empower those who because it better serves my clients, the award in 2003 in memory of the late Zoë feel powerless. At times, it is easy to legal profession and the justice system. Odei. This award honours and recognizes feel like a cog in the wheel of the legal young lawyers who, like Zoë Odei, exemplify system but it is necessary and important In my day-to-day work with clients, I also distinguished or exceptional service to the to speak up and to give voice to those strive to use a compassionate, relational CBA, the community or charitable causes. who feel voiceless. approach to assist them in navigating the legal system and crafting solutions that Morgan Manzer is a lawyer with Nova My practise allows me to work with meet their needs. I take care to ensure Scotia Legal Aid in Halifax and, as of some of the most marginalized and my clients feel truly heard. It can be December 16th, will be seconded to the vulnerable populations in society: those challenging in a fast-paced, demanding Nova Scotia Barristers’ Society as the new with a history of trauma, addiction, practice to carve out time to hear a Equity and Access Advisor. Additionally, mental illness, and those living in client’s full story but I make it a priority. Mr. Manzer is the Chair and Governance poverty. I know people’s lives involve For instance, I schedule longer client Lead of Halifax Pride and a former Board multiple interrelated identities and meetings to give my clients the time member of the Legal Information Society people may experience marginalization they need to share their experiences, of NS. He is passionate about social justice, and exclusion based on the intersection concerns, and questions. mental health and politics. In his words, Mr. of those identities. In providing legal Manzer shares what he has learned working representation, it is imperative to I view the legal system as a tool with marginalized individuals and families consider all of an individual’s identities to better people’s lives and build in the family justice system: in their historical, social, and political stronger communities. I often find context. I use an intersectional and myself considering whether the legal Over the past five years, I have worked as trauma-informed lens throughout my system is meeting these aspirations. a child protection and family law lawyer work at Nova Scotia Legal Aid and will Unfortunately, I believe too many have with Nova Scotia Legal Aid. This work continue to do so in my role with the been failed too often. I acknowledge put me on the frontlines of the legal Nova Scotia Barristers’ Society. that I benefit from the structure of the system and led me to reflect on how the current legal system but I refuse to be legal system functions and how power is The cornerstone of my approach to complacent because I know many are distributed within the system. practising law has been relationship systemically disadvantaged by it. I have building. I have taken care to foster questioned and challenged the status quo Recently, a client sat across my desk and positive relationships with colleagues and will continue to do so as I fight for put this power distribution into sharp and opposing counsel. I find myself equity and justice in our legal system. I focus for me. He simply stated, “you have frequently repeating an old adage remain optimistic that positive change is more power than me and the judge has my great-grandmother told me: “you occurring and will continue to occur. more power than you.” That moment get more with honey than you do

8 Nova Voce • WINTER 2019 CBA Nova Scotia 2019 CBA–NS AWARD WINNERS

Our 2019 Constance R. Glube Spirit Award recipient is Tara Miller, in recognition of her strong CBA spirit, and outstanding Congratulations to Aleeta Cromwell, the well-deserved recipient effort and contribution to women in law. Ms. Miller is aboard of our 2019 Community Service Award in recognition of her member of the Lawyers’ Insurance Association of Nova Scotia valuable contribution to the community and to charitable causes. and a past Executive Member of the CBA’s National Women Ms. Cromwell has served as past Chair of the NSBS Racial Equity Lawyers’ Forum. Committee, Distinguished Service Award Committee and currently sits on their Hearing Committee. She has also spent countless hours volunteering with the Boys and Girls Club of Dartmouth and is currently the President of the Nova Scotia Chapter of the Canadian Association of Black Lawyers.

Morgan Manzer, pictured here with CBA National President, Vivene Salmon, is our 2019 Zöe Odei Young Lawyer Award recipient, honouring his exceptional service to CBA-NS, the community and to charitable causes. Among other activities, Dennis James, Q.C. is our incredibly deserving 2019 Distinguished Mr. Manzer has previously served on the Board of the Legal Service Award winner. From his long-standing membership on Information Society of Nova Scotia and currently sits on the Board the Professional Development Committee, to Chairing Sections of the Mental Health Foundation of Nova Scotia. Since 2016, Mr. and serving as our provincial CBA-NS president during a year of Manzer has been the Chair of Halifax Pride, including overseeing transition, Mr. James, Q.C. has been a dedicated volunteer and not only the Pride Parade but dozens of other activities and tireless advocate for the Canadian Bar Association. advocacy events.

The voice of the legal profession Nova Voce • WINTER 2019 9 EQUITY AND DIVERSITY A PERSPECTIVE OF DIVERSITY AND INCLUSION IN THE WORKPLACE

Jaime Burnet (credited as Mary Burnet) you’re interviewing clarifies that they use BARTON wrote an excellent piece while articling gender-neutral pronouns, the person you SOROKA at Pink Larkin about “professional code as a woman corrects you and says “it’s Merchant Law Group LLP presentation” (Link: https://bit. he”, or you see the side of the head shaved ly/2Yvvelp) and its specific effects on with a pattern tattooed under it, you know queer legal professionals. I asked a group of that they just won’t fit in. lawyers during a “Dress for Success Event” Previously published in BarNotes how they adjusted for their bias against It is not exclusively queer people who are (Spring 2019, Vol. 33.2) for the CBA individuals who dressed in a way that asked to dress differently in a professional Saskatchewan Branch was unexpected. I will forever appreciate environment. Nobody wants to see the partner in a bathrobe. But look at your My name is Barton Soroka. I am a white, the honesty that I received: “I don’t. I hire firms hiring guidelines. If they talk about queer, cisgender man who graduated from people who fit my client’s culture.” Diversity and Inclusion, ask yourself what the Schulich School of Law at Dalhousie My résumé is full of Queerness. I’ve that means. That you would be happy to University in 2017. I was the LGBTQ represented and advocated for queerness hire someone who was LGBTQ+, but representative on the Dalhousie Student and LGBTQ+ initiatives for years. I’m only if you couldn’t tell? Does that mean Union, a member of OUTLaw (our thankful – most firms won’t throw out a that you’ll stand by the new lawyer if the LGBTIQQ2SA+ campus group) and served résumé because I’m a queer man anymore. client says they don’t want to work with on our Law Student Society Executive I’m not sure if that was true ten years ago. a “fag”? There’s no magic checklist here. as first year exec rep, VP External, and When I submit a queer resume, I worry There will always be people saying you President. that people will assume I won’t fit in with haven’t gone far enough. But be honest I was surrounded by incredible people their client, or their firms’, culture. about how far you’re willing to go. Do you from all sorts of backgrounds. Black and accept diversity and inclusion, or do you Lawyers need to eat and advocate, and in Indigenous People of Colour, non-binary encourage it? about equal measure. Without clients, we folk, trans people, queer men and women wouldn’t be able to do either. We think While in law school, I was surrounded across the spectrum. I could spend every we know what our clientele will be. We by people who not only accepted my word of this article giving thanks, so I will think that the average client is going to Queerness, but celebrated it. In first year I single out Lee Staps. She was instrumental balk at the idea of Jon Lawsmith doing wore makeup, tights, and heels to a major in radicalizing the way I exist. Thank you. their intake with a fresh manicure of law school event. I was surrounded by peers This is written to ask for introspection. brightly painted nails. I’ve never seen the I had known for a few months, professors Look at your firm, and yourselves, and data to back it up, but studies are expensive from my classrooms, and members of the think about what “diversity and inclusion” and risk is risky. The traditional look has administration. After a few shocked looks, – three words plastered on every hiring worked for so long, change seems like an the rest of the night was full of kindness. notice in this country – mean to you. unnecessary gamble. When the person Then my peers elected me to represent CONTINUED ON NEXT PAGE

10 Nova Voce • FALL 2018 CBA Nova Scotia EQUITY AND DIVERSITY

CONTINUED FROM PREVIOUS PAGE Eve, and correspondence should reflect employee as a bundle of billables. Look at that from now on. your current lineup of talent in the bullpen them as their VP External. Not once did I – what kind of clients your lawyers bring have to deal with anything mean-spirited. Diversity and inclusion are not – in my in. I’d suggest to you that there’s a growing I credit that to a bit of “crowd control” – opinion – accepting people who are group of sexual/gender diverse folk who people who might have wanted to say different from you when you can’t tell. I are looking for lawyers who respect their something rude, mean, or cruel saw other stand in thanks for every man who brought identities and support their community. people staying positive and kept their their male partner and woman who Not to mention all the talented LGBTQIA+ thoughts to themselves. brought their female partner to events in people graduating from law school every the past. But to me, diversity and inclusion year. In my opinion, it’s not only right to I am asking you to think about what you’d mean work. They mean going above and make room for genuine diversity. It’s a do if someone you perceived as a man beyond candidates you would normally competitive advantage. applied with rainbow painted nails, or hire and accepting someone who might someone you thought was a woman in a not win on your “softs” – someone who’s I’ve spoken a lot from personal experience suit and tie, or someone who indicates qualified, intelligent, and hardworking, but in this article. If you think there might be their preferred pronouns during their otherwise does not fit in with what you’d something I’m exaggerating, maybe your interview – especially if they’re “they/ traditionally consider to be in your client’s local LGBTQIA+ colleague could give you them”. What if your Articling Student “culture”. their thoughts. I bet they disagree with suggested putting a “pronoun” section on something I have to say. And if there’s your intake form. Or if Adam came to your I do have an economics background. I nobody in your office that can offer that office in a skirt and told you her name was understand looking at every potential perspective, ask yourself why not.

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The voice of the legal profession Nova Voce • WINTER 2019 11 EQUITY AND DIVERSITY TRANSGENDER PEOPLE AND PRISONS

feel safest, regardless of their physical McCarthy drafted the policy for the JAIME anatomy or the sex designation on their province, but she and Scoville explained BURNET identification documents. The policy was that the process of developing it was Pink Larkin developed in accordance with the Nova deliberately slow and collaborative. Scotia Human Rights Act, which prohibits Drafts were sent to the Dalhousie Legal discrimination on the basis of gender Aid Service and the provincial Human identity and expression. It changed Rights Commission for review before Previously published by The Lawyer’s Nova Scotia Correctional Services’ it was implemented. Five months later, Daily, a division of LexisNexis Canada previous practice of incarcerating trans in May 2017, the policy was revised, A panel discussion on transgender people on the basis of genitalia. Other based in part on feedback received from people and prisons took place on July Canadian provinces have similar prison incarcerated trans and gender-variant 16, 2019 during Halifax Pride, intended policies that focus on trans people’s people. to help lawyers better serve trans clients gender identity when making decisions The policy is detailed. It provides, among remanded or sentenced to provincial about where they will be incarcerated, other things, that self-identification is the custody in Nova Scotia, and to promote including Ontario, British Columbia, sole measure of an incarcerated person’s understanding of some of the issues and Saskatchewan. Correctional Services gender identity, and that a person’s self- trans people face in the prison system. Canada has also recently changed its practice from incarcerating trans people identified name is to be used in all cases, The panel was organized by the Sexual on the basis of genitalia alone. except in rare circumstances when their Orientation and Gender Identity legal name is required. It recognizes Community (SOGIC) section of the The panel featured representatives trans people may not have access to Canadian Bar Association – Nova of Nova Scotia Correctional Services identification documents that reflect Scotia (CBA-NS), and presented with Jill McCarthy, Manager of Policy & their gender identity and self-identified the support of the CBA-NS’s Criminal Program Services, and Director John name, and that such documents are Justice Section, the Nova Scotia Scoville. Taylor, a young trans woman, not to be relied on to confirm or verify Barristers Society, the Elizabeth Fry spoke about her recent experience of their identity. It provides that, prior to Society of Mainland Nova Scotia, and incarceration in a Nova Scotia provincial all searches, trans and gender-variant Women’s Wellness Within. prison, and Emma Halpern, Executive people will be asked to identify whether Director of the Elizabeth Fry Society they would prefer to be searched by a The panel focused on the implementation of Mainland Nova Scotia, spoke about man or woman correctional officer, or in 2017 of a Nova Scotia Correctional what the organization learned through to have a split search. Services policy, which provides that supporting Taylor. The panel was trans and gender-variant people are to moderated by Jack Townsend, civil McCarthy and Scoville said training is be placed in a women’s or men’s unit in a litigation lawyer with the Nova Scotia necessary to educate staff regarding the provincial correctional facility according Department of Justice and Chair of the policy, human rights considerations, and to their gender identity or where they CBA- NS’s Equity Committee. CONTINUED ON NEXT PAGE

12 Nova Voce • WINTER 2019 CBA Nova Scotia EQUITY AND DIVERSITY

CONTINUED FROM PREVIOUS PAGE having their identity documents changed and services around issues of sexual to reflect this, if clients have not already orientation and gender identity. respectful workplace conduct. done so. The Elizabeth Fry Society of Mainland Nova Scotia has established Halpern said that for non-binary** Taylor also noted a need to educate a small clinic to assist incarcerated clients, the prison system is especially incarcerated cisgender* people about people in changing the sex designation difficult to navigate, as it adheres trans identities and issues. McCarthy on their documents, and will pay the firmly to the gender binary. McCarthy agreed, but expressed concern that, administrative fees. explained that, given the choice of if Correctional Services were to two binary options, some non-binary hold an educational session, it could Another issue trans and gender-variant people (as well as some trans men) unintentionally out a trans person people may face in prison is heightened have asked to be placed in a women’s housed in the unit and put them at risk gender dysphoria. The provincial policy unit for their own safety. Scoville noted of violence. states that trans and gender variant that the computer program into which people will be provided with underwear correctional workers enter information The provincial policy provides that, and supplemental clothing based on self- about incarcerated people has only though trans and gender-variant people identified needs. However, many trans “male” and “female” options. He said are not to be placed in segregation, people also need access to items such as he has been questioning how to create referred to as “administrative close gaffs, binders, packers, and breast inserts processes that are inclusive of non- confinement”, solely on the basis of their to affirm their gender identity. These binary people within a binary system. gender identity or expression, they may items are not provided by Correctional be confined “for their own protection”, Services, though the policy provides that Though Halpern said the provincial subject to certain protocol and with trans and gender-variant people “may policy is a step toward improving the an available process for appeal. Trans request or require prosthetic devices to treatment of trans and gender-variant and gender-variant people are also express their gender and reduce distress, people in Nova Scotian provincial sometimes held in segregation pending a anxiety and/or depression”, and that, prisons, she called for greater change. decision about where to place them. upon completion of a search, they will “Prison is not the place for most people,” she explained. “But it has become a In her tips for lawyers representing trans be allowed to retain these items “unless catch-all for our social problems.” and gender-variant clients facing prison, there are safety reasons, as determined Particularly for someone like Taylor, Halpern recommended lawyers ask the by the superintendent or designate, that whose conviction arose in the context judge at sentencing to include in their cannot be resolved.” Trans women and of homelessness and addictions, Halpern order that the client not be placed in trans feminine people in particular may said what is needed is not a more trans- segregation “for their own protection”. also experience increased dysphoria and friendly prison, but safe housing, social She also recommended lawyers ask the distress due to sporadic access to razors programming, and counselling for judge to order which prison the client be to manage facial hair growth. addictions and trauma. sent to, particularly if the client is given a Halpern said the Elizabeth Fry Society federal sentence, as the federal policy for has worked to advocate for daily access to * Cisgender: a word to describe people placement of trans and gender-variant razors for trans women, and to provide whose gender identity aligns with their sex people is less clear. To help ensure gaffs, binders, packers, and breast inserts assigned at birth. clients are placed in a unit that aligns with the support of the Youth Project, with their gender identity, Halpern also ** Non-binary: a word to describe people who a non-profit, charitable organization recommended lawyers assist clients in do not identify as either men or women. in Nova Scotia that provides support

The voice of the legal profession Nova Voce • WINTER 2019 13 EQUITY AND DIVERSITY

Coloured Bear by Debra Vincent, a bear clan member of the Mohawks of the Bay of Quinte CBA’S NATIONAL TRUTH AND RECONCILIATION INITIATIVES The Nova Scotia Branch is committed to about Canada’s history with residential Territory; Colleen Gray, a Métis artist working collaboratively with community schools, and its cascading effect on the and the founder of The Art For Aid partners to provide educational country’s Indigenous populations. Project; and Tracey Metallic, a Mi’gmaq programming for our members and artist born and raised on the shores of advancing reconciliation initiatives. Visitors to the microsite will find the Restigouche River. The website information about the CBA’s advocacy includes links to sites where people can The new microsite from the Canadian efforts, tools, and educational offerings, buy artwork by each of the artists. Bar Association is a resource for lawyers as well as links to resources – the history and others on Truth and Reconciliation, and legacy of Indian residential schools To view the website and updates on the as well as a showcase for work by in Canada, what people are doing work of the Truth and Reconciliation Indigenous artists. It was developed by to promote the Calls to Action, and Task Force’s work, please visit: www. the CBA’s Truth and Reconciliation educational resources. cba.org/Truth-and-Reconciliation. Task Force to further the Calls to Action from the Truth and Reconciliation They will also find a website that pops CBA-NS is also pleased to be welcoming Commission. with colour and movement through the National CBA Aboriginal Law its featured artwork. Paintings are Conference to Halifax in June, just ahead The Truth and Reconciliation Task included from three Indigenous artists: of the 2020 North American Indigenous Force made a number of other Debra Vincent, a bear clan member of Games which Nova Scotia is hosting for recommendations, including increasing the Mohawks of the Bay of Quinte who the first time in July 2020! cultural competency by educating lawyers resides on the Tyendinaga Mohawk

14 Nova Voce • WINTER 2019 CBA Nova Scotia EQUITY AND DIVERSITY

TRC BLANKET CEREMONY

CBA-NS were honoured to welcome Council members and staff stood on children who lost their family, language Elder Debbie Eisan, Community Events large blankets, representing land, which and cultural identity after being removed Planner with the Mi’kmaw Native were reduced in size as the ceremony from their communities. Friendship Centre, and her assistant, progressed through historical events such Emily, at the December 2019 Council colonization, segregation and attempted After the exercise, Debbie led members Meeting. assimilation, residential schools, the ‘60’s through a sharing circle where various Scoop’ and the current overrepresentation personal and professional sentiments Debbie led participants through a Blanket of Indigenous children in the child were expressed. There was a deep Ceremony, an interactive exercise that welfare system, among many other consensus that the legal and justice explored the history of Indigenous events. Some members were asked to systems, including individual lawyers Peoples in North America, including step off the blanket at various points to and judges, have an important role in the the diverse Nations that existed before represent the many Indigenous People journey to reconciliation and this Blanket settlers arrived, the original purpose who died from European diseases, those Ceremony served as reminder that it is a and ongoing significance of treaties and who lost their official status as a result road we must all walk together. the intergenerational trauma caused by of policies rooted in colonialism and the colonialism that continues to this day. Wela’lin, Elder Eisan!

The voice of the legal profession Nova Voce • WINTER 2019 15 YOUNG LAWYER PROFILE

initiatives here in Halifax, whether on a TANNER large scale or at the individual level. What do you consider to be the greatest challenges facing young lawyers? The MCINNIS mindset that causes young lawyers to doubt their own accomplishments and capabilities, often referred to as the “Imposter Syndrome”, can be a difficult challenge to overcome. This can be especially difficult for those within marginalized communities who may not Called to the Bar see themselves represented among the Nova Scotia – 2019 majority. I firmly believe that it is because Ontario – 2017 of young lawyers’ unique backgrounds Firm/Company Cox & Palmer and life experiences — and not in spite of them — that they will flourish in this Areas of Practice Commercial Litigation, profession. The landscape is changing, Insurance Litigation, Administrative and important conversations around Law, Intellectual Property & Technology diversity and inclusion within the legal Law workplace are happening. Now is the and results-driven legal solutions where time for us to recognize and address the Describe your professional experience appropriate. I also understand the systemic obstacles that make it harder for to date After graduating from the importance of written advocacy and some to overcome their feelings of self- University of Ottawa’s Faculty of Law, strong legal research and writing skills. doubt or that they do not belong. I completed my articles as a law clerk to With a background in editing, and as a the judges of the Ontario Superior Court former Editor-in-Chief of the Ottawa What words of wisdom do you have of Justice in Ottawa. I then served as a Law Review, I strive to communicate in a for new lawyers? Find people that you law clerk at the Federal Court of Canada way that is clear, concise, and consistent. can reach out to — whether they are before practicing law with a leading full- Words I live by: “Don’t write so that you friends, family, colleagues, lawyers in the service law firm in Ottawa. In 2019, I can be understood, write so that you can’t community, or community groups — that moved to Nova Scotia and joined the be misunderstood.” share your core values. It is important to litigation group at Cox & Palmer’s Halifax regularly ground yourself: it will not only office. What activities and volunteer pursuits improve your mental health, but will occupy your time? I have a deep interest also help you achieve your personal and Describe your current practice I maintain in innovation within the legal sphere and professional goals. a broad commercial and civil litigation how law firms can leverage technology practice, including in the areas of to provide more effective and efficient What are your goals for your career as insurance law, administrative law, and legal services. Before moving to Halifax, you become a more seasoned lawyer? intellectual property and technology law. I was a member of the Technology I have always enjoyed developing new Committee of Ottawa’s County of skills and techniques, and learning novel Describe the unique qualities you bring Carleton Law Association, and worked and innovative ways to accomplish to your practice Having worked with with the Committee to evaluate the everyday tasks. As I become a more and provided legal support to a number technology needs of the local bar in seasoned lawyer, I hope to continue to do of judges over the years, I often approach order to provide information, resources, so and broaden my experience. I also look and assess legal disputes from the and opportunities that supported the forward to giving back to the community decision-maker’s perspective. This allows provision of legal services and access and providing support and guidance, me to provide more creative, practical, to justice. I hope to advance similar legal or otherwise, to those in need.

16 Nova Voce • WINTER 2019 CBA Nova Scotia FROM THE BENCH THE HONOURABLE CHIEF JUSTICE MICHAEL J. WOOD ASKS ‘HOW DO WE MEASURE UP?’

hard in all these areas. The open court meaningful participation in the justice MICHAEL J. principle is alive and well here. We have system. WOOD policies designed to make it easier for Chief Justice of Finally, access to justice can be easily Nova Scotia the media and members of the public to see and understand what we do. These stated but is sometimes hard to describe. include permitting live tweeting from It means different things to each person. court, webcasting court proceedings and Judges need to be constantly looking The authority of government institutions increasing the number of decisions being for innovative ways to ensure access to is dependant on the public having released in writing. During the school the services offered by our Courts. We confidence in them. This comes from year, there is a steady stream of students need to reduce cost, shorten timelines, a belief that they are carrying out their visiting our Courts. improve communication, eliminate roles independently, free from improper physical and societal barriers, all while influences and in accordance with the As well, the process for appointing maintaining the independent and rule of law. judges ensures that only well qualified unbiased delivery of justice. individuals are selected, after careful The judiciary, as one of three equal vetting. In addition, the Executive In Nova Scotia, we continue to work branches of government, relies on Office of the Judiciary is in the process hard to improve all these areas and have having the confidence of members of developing a respectful workplace achieved some progress. We are in the of the community, other branches of policy and the Canadian Judicial Council early stages of developing a new Courts’ government and the Bar. The question has just released a draft of the updated website, as well as new resources to is, how do we obtain and maintain that Ethical Principles for Judges. These better support the rising number of self- confidence in a climate where many resources provide guidance on issues represented litigants. Remote telephone institutions are increasingly subject to such as judges’ participation in public and video access to court is common. Pro criticism – some fair and some less so? engagement and service, social media, bono legal clinics are found in many of our courthouses. I believe there are four key ways in and fostering equality in the judicial which the Courts can demonstrate system. I am very proud of the work of our they deserve the important role given Nova Scotia judges have engaged judges and supporting staff. I think we to them. These are transparency in all extensively with the African Nova have earned the public’s confidence aspects of the decision-making process, Scotian and Indigenous communities that we are independent, unbiased and judicial integrity, a commitment to since 2017, and more is planned for 2020. committed to providing justice to our understanding and being representative These represent important opportunities fellow citizens. The challenge that we all of the community at large, and providing for judges and the community to face is to continue to do so. We can never meaningful access to justice for everyone. increase understanding of each other rest on our laurels – there is always more work to be done. In Nova Scotia, the Judiciary is working and eliminate potential barriers for

The voice of the legal profession Nova Voce • WINTER 2019 17 EVENTS JUSTICE KARAKATSANIS WOWS AT 2019 BENCH AND BAR DINNER

As a law student, I had a preconceived notion that a Justice of the Supreme Court of Canada may be stoic, withdrawn, and tight-lipped. As the guest speaker at CBA-Nova Scotia’s Bench and Bar Dinner held at the Halifax Convention Centre on November 21st, the Honourable Justice Andromache Karakatsanis proved to be quite the opposite. In her speech, she quipped about the standard of review issue currently before the Supreme Court, joked about the types of persuasive tactics that lawyers use, and cleverly compared duck hunting to the levels of court in Canada. Justice Karakatsanis shared her personal connection to Halifax, as her parents immigrated to Canada through Pier 21. In her closing remarks, she reminded the audience that judges are people, too. Once the dinner ended, I had the opportunity to meet Justice Karakatsanis and introduce myself. She was friendly, funny, and showed an interest in hearing about my legal education.

I am grateful that the CBA-NS reserved tickets for its student members. The event Second Year Student at Schulich School of Law, James Whittier, and the Honourable served as an excellent opportunity for Justice Andromache Karakatsanis at the Bench & Bar Dinner. me to meet judges and lawyers to discuss the legal profession, different areas of the Nova Scotia Bar is, which makes me NS event I have attended and I highly practice and potential opportunities. excited about joining the legal profession encourage my peers to become more What stood out to me was how collegial in the future. I have enjoyed every CBA- involved in the future!

18 Nova Voce • WINTER 2019 CBA Nova Scotia EVENTS 2019 CBA-NS ANNUAL CONFERENCE NOVEMBER 21-22, 2019 | HALIFAX CONVENTION CENTRE

With over 250 lawyers from diverse practice areas in attendance, this year’s Annual Conference was a tremendous success! We would like to thank the following organizers and speakers for their outstanding contributions to our 2019 Annual Conference:

ORGANIZERS Philip Campbell, Innocence Canada Janet Curry, Workers’ Compensation Board of Don McGowan, Pokémon Company International Nova Scotia Mary Anne MacDonald, Department of Justice Brian Stilwell, Burchell MacDougall LLP Angela Walker, MDW Law Canada Jessica Lyle, TEP, Touchstone Legal Inc. Keegan Francis, Atlantic Blockchain Company Agnes E. MacNeil, Nova Scotia Department of Anne McConville, Department of Justice Canada Mrugakshee Palwe, Atlantic Blockchain Company Justice Jason Cooke, Burchells LLP Kimberley Pochini, Nova Scotia College of Nurses Dale Darling, Q.C., Health Association of Nova Victor Ryan, Burchells LLP Kristina Koller, Nova Scotia College of Nurses Scotia Melanie Petrunia, Nijhawan McMillan Petrunia Kimberley Turner, Q.C., Pink Larkin Kathleen McManus, Department of Justice Jennifer Pink, Nova Scotia Barristers’ Society Scott Campbell, Stewart McKelvey Canada Robert McCleave, Nova Scotia Barristers’ Society Caroline McInnes, Registrar of the Nova Scotia Jack Townsend, Nova Scotia Department of Justice Shelley Hounsell-Gray, Q.C., Blackburn Law Court of Appeal and Prothonotary Brian W. Stilwell, Burchell MacDougall LLP Benjamin Carver, Patterson Law Peter C. McVey, Q.C., Nova Scotia Department of Douglas Lloy, Q.C., Nova Scotia Legal Aid Christine Hanson, Nova Scotia Human Rights Justice Courtney Barbour, Wickwire Holm Commission Matthew Conrad, Conrad Connors Law Jennifer Taylor, Stewart McKelvey Shawn Swallow, Schulich School of Law Marjorie Hickey, Q.C., McInnes Cooper Daniel Wallace, McInnes Cooper Mary Rolf, Barteaux Durnford Jack Townsend, Nova Scotia Department of Justice Jessica L. Lyle, Touchstone Legal Jacqueline Mullenger, Nova Scotia Barristers’ Shireen Singer, IWK Health Centre Danika Beaulieu, MDW Law Society Rodney Hanks, Digital nGenuity Agnes MacNeil, Nova Scotia Department of Justice Jane O’Neill, Q.C., McInnes Cooper Mary Jane Saunders, MacIntosh, MacDonnell & Sean Foreman, Q.C., Nova Scotia Department of SPEAKERS MacDonald Justice Nathan MacLeod, Grant Thornton Molly Reynolds, Torys LLP The Honourable Chief Justice Michael J. Wood, Gail Gatchalian, Q.C., Pink Larkin Nova Scotia Court of Appeal Susan MacKay, Nova Scotia Public Prosecution The Honourable Chief Justice Deborah Smith, EXHIBITORS Service Nova Scotia Supreme Court Lawyers Financial Jennifer Llewellyn, Schulich School of Law The Honourable Justice James Chipman, Nova Digital nGenuity Jean Flynn, Co-Chair of the NS Home for Colored Scotia Supreme Court Lawyer Done Deal Children Restorative Inquiry The Honourable Justice Duncan Beveridge, Nova Our Family Wizard Tony Smith, Co-Chair of the NS Home for Colored Scotia Court of Appeal Do Process Children Restorative Inquiry The Honourable Justice Gerald R.P. Moir, Nova Stewart Title Mike Dull, Valent Legal Scotia Supreme Court Erin O’Brien Edmonds, Q.C., Crowe Dillon The Honourable Justice John Bodurtha, Nova Robinson PLENARY & LUNCH SPONSORS Scotia Supreme Court Robyn Schleihauf, Nova Scotia Barristers’ Society Burchells LLP The Honourable Justice John A. Keith, Nova Scotia Lauren Grant, Province of Nova Scotia Land Titles McInnes Cooper Supreme Court Initiative Patterson Law The Honourable Judge Laurie Halfpenny Curtis Whiley, Province of Nova Scotia Land Titles Pink Larkin MacQuarrie, Provincial Court of Nova Scotia Initiative Wickwire Holm The Honourable Judge Ann Marie MacInnes, Shanisha Grant, Nova Scotia Legal Aid Provincial Court of Nova Scotia Angela Simmonds, Nova Scotia Barristers’ Society The Honourable Judge Alan Tufts, Provincial Court COFFEE BREAK SPONSOR Jane Lenehan, Lenehan Musgrave of Nova Scotia Stewart Title D.A. Rollie Thompson, Q.C., Schulich School of The Honourable Justice Joel Fichaud, Nova Scotia Law Court of Appeal David Schermbrucker, Public Prosecution Service The Honourable Justice C. LouAnn Chiasson, of Canada Supreme Court Family Division Kathleen McManus, Department of Justice The Honourable Justice Theresa M. Forgeron, Thanks also go to Jessica Lyle for organizing Canada Supreme Court Family Division our hands-on Taming Technology Conference Jonathan Coady, Stewart McKelvey Senator Kim Pate, Senate of Canada in September, hosted at McInnes Cooper. David Fraser, McInnes Cooper

The voice of the legal profession Nova Voce • WINTER 2019 19 EVENTS

20 Nova Voce • WINTER 2019 CBA Nova Scotia EVENTS

The voice of the legal profession Nova Voce • WINTER 2019 21 INNOVATION TIPS FOR SUCCESSFUL TECHNOLOGY ADOPTION IN LEGAL TEAMS

they are serving as a first step. If you what you are trying to accomplish, you’ll PAUL V. are a law firm lawyer this is likely your struggle with adoption down the road. SAUNDERS client. For in-house lawyers it may be Without a clear direction you also won’t Stewart McKelvey operational departments within your be able to course correct and prioritize organization. Regardless of who it is, needs and wants when times get tough. knowing your client and empathizing with their point of view is essential to Prepare for resistance – We often The practice of law is changing. Legal success. Any technology solution must assume that the right solution will service providers, whether they are law be focused on enhancing service from the sell itself and that the benefits of new firms, solo practitioners, in-house legal customer’s perspective. There are times technology will be immediate. This departments, legal aid, crown attorneys where, for example, an organization’s is rarely the case. The natural human or government lawyers, are increasingly IT department may select technology reaction to change is resistance. Even the expected to get more done in less time without meaningful engagement by the most brilliant solutions will go unused while maintaining quality. There are people who it serves. This can often and fail if the people side of change isn’t many reasons for this, but regardless of result in the development of flawed properly managed. Leaders must assume the cause, there is often a push to embrace solutions and missed opportunities. It’s their people will resist and prepare for it. technology to meet the increased demand. important to know who your customer Try to involve your people as much as possible in the process. They must feel Too often, legal teams want to jump to is and involve them in the development that they “own” the solution rather than a technology solution to address their process as much as possible to ensure you having it forced on them. The more time challenges before they fully understand are solving the right problems. that is spent on communicating the need the problem or the various solutions Secure buy-in on a clearly defined goal for the change and why it is necessary to available to them. Lawyers are problem – You need to know what you’re trying achieve the organization’s objectives, the solvers by nature. Successful lawyers are to accomplish from the outset. A lack of greater likelihood it will result in success. generally able to quickly spot an issue, clear direction will doom a project. The Resistance is inevitable; how you prepare analyze it, and then develop a creative goal shouldn’t be to successfully select and and respond to it is what matters. solution based on experience. However, install a new technology, but rather to with technology, the right solution is achieve some meaningful benefit to your Embrace technology at the right time – often not immediately apparent. Moving customers and stakeholders. An effective Meaningful change is a process. It is often too fast will often result in failure. The goal might be to reduce the amount of better to start with a simple solution following are some tips for legal teams time, cost or effort it takes to resolve a first before embarking on a larger, more looking to embrace technology and avoid frequent service request like drafting a timely and complicated undertaking common pitfalls: contract or resolving a dispute. Once a (often involving new technology). Legal teams will often benefit by Know your customer – It’s important clear goal is established, ensure you’ve starting with more easily implemented for legal teams to understand who secured buy-in on that goal from all key stakeholders. If they aren’t bought in to CONTINUED ON NEXT PAGE

22 Nova Voce • WINTER 2019 CBA Nova Scotia IN THE NEWS

CONTINUED FROM PREVIOUS PAGE CBA IN THE MEDIA solutions such as: leveraging existing technologies, visualizing their workflow using white boards and sticky notes, or A 2019 ROUNDUP developing standard work practices and checklists. These quick wins can generate momentum and success stories that can The CBA, both nationally and campaign. help secure buy-in from the team. This provincially, is an advocate and ally can also help build the business case for for the legal profession. This includes More recently, in October, the more challenging technology solutions speaking out to advocate when issues CBA-NS issued a statement calling that follow. Start with the solutions with arise which impact the profession and for the Nova Scotia government to the biggest potential benefit and least the justice system. reconsider Bill 203, legislation that amount of effort. Those are generally not would to remove the right of Crown comprehensive technology overhauls, but Throughout 2019, the CBA and CBA- Attorneys to send any collective simple common-sense solutions co-created NS issued public statements on a range bargaining disputes with government by the team. When you are ready, embrace of issues. In May, CBA-NS issued to a fair, impartial, and binding technology with some early victories an important release applauding the arbitration process. statement of Hon. Justice Clément under your belt once you’ve developed that November 2019 was also busy, with foundation for success. Gascon of the Supreme Court of Canada which shared his 20 year the CBA-NS President providing Develop sponsors – One of the most history of dealing with depression media comment to CBC News on the important steps you can take in launching a and anxiety disorders. The release impact that Halifax Regional Police new technology is to develop a coalition of included important information officers facing criminal charges may sponsors in your team that can champion on the mental health of the legal have on eroding public trust. the change. Your people are more likely profession and how to access support, The Sexual Harassment Working to embrace it if someone they trust has including CBA Wellness. Also in Group was also featured in the already bought in. Your sponsors should May, CBA-NS showed its support Chronicle Herald for its ongoing work represent a cross-section of your people. for the expansion of unified family to develop bystander intervention This wouldn’t just include leadership, but courts across the Nova Scotia, and training for legal workplaces. A rather influential individuals at all levels of the extension of services in these related press release issued by the the organization including lawyers, staff court for litigants. The expansion of CBA-NS explained that the training and managers. Sponsors will enable your a province-wide unified family court will empower participants to identify teams to ease in to the change and help has been a priority of the CBA-NS. sexual harassment and give them the support organic growth and adoption. The statement called on the federal skills and confidence to take positive Rather than mandating compliance from government to fill judicial vacancies action. Interested legal workplaces are on high, sponsors can help nudge people as quickly as possible to support the invited to register their interest in the along and address the inevitable resistance. expansion. training by contacting the CBA-NS Just be sure to communicate to your offices. sponsors what is expected of them and be In August, the CBA continued its specific on the role they are expected to advocacy for a fair justice system You can read all of these public play. and issued a statement on legal aid statements (and more) at https:// for refugees, applauding the federal cbans.ca/News-Media. In 2020, CBA- There is no guaranteed way to ensure your funding to support legal aid for NS will continue to be a vocal advocate technology projects succeed, but if you refugees. The statement included and ally for the legal profession and follow the above tips, you’ll increase the a reminder that in June 2019, the the justice system. likelihood that they do. CBA launched its #LegalAidMatters

The voice of the legal profession Nova Voce • WINTER 2019 23 PRODUCT PROMOTION TOO MANY LAWYERS ARE ENTERING RETIREMENT WITH INADEQUATE SAVINGS

According to a report released by the Broadbent selecting investments. Employees also of providing lifetime defined benefits. Institute, half of Canadian couples between 55 have the responsibility to choose what to Most workplaces have no pension and 64 have no employer pension and of those, do at retirement – buy an annuity, manage arrangement less than 20 percent of middle-income families and draw down the bucket of savings, or have saved enough to adequately supplement some combination. Under a DC plan the Most employers in Canada are small to the Canada Pension Plan. Canada’s legal contributions are always known, but the medium sized enterprises that just do community is also underserved by workplace retirement benefit never is. not have the resources to implement and monitor a retirement arrangement, pension arrangements. But that could change Defined Benefit Pension (DB) for Canadian law firms very soon. let alone take on the extra cost of DB plans provide a defined monthly administration and fiduciary governance. Most teachers, government employees benefit at retirement that lasts for life, In fact, most law firms have no pension and union workers in Canada all have often with survivor benefits. The arrangements at all – DC or DB. something in common – they enjoy retirement benefit is known up front, guaranteed lifetime retirement income A Defined Benefit Pension Plan for Law defined by a formula – say five percent Firms through defined benefit (DB) pension of career or final average earnings, or In 2016, a task force established by the plans. The rest of us, if we’re lucky, may a percentage of contributions. Like DC Canadian Bar Insurance Association have an employer-sponsored defined plans, both employers and employees (“Lawyers Financial”) and comprised of contribution (DC) pension plan. But, contribute a percentage of the employee’s leading pension and actuarial experts, actually calling a DC plan a ‘pension plan’ earnings. The biggest advantage of DB began investigating pension options. The is a misnomer. A DC plan is basically a plans is for the employee because they resulting decision was to leverage the savings plan; the member has to figure provide predictable lifetime retirement DBplus Plan, established by CAAT (an out how to grow it and then turn it into income. lifetime retirement income. Let’s look at $11 billion not-for-profit trust that has both in a bit more detail. If they’re so great, why do so few been delivering secure lifetime pensions employers offer a DB Pension? for over 50 years). Defined Contribution Plan (DC) The primary reason is that the employer The Bottom Line In a DC plan, an employer contributes must ensure that at any point in time, the money to an employee’s account to assets of the plan are sufficient to provide To provide predictable and sustainable provide retirement income. The amount the retirement benefits. This makes lifetime pensions for Canada’s legal of money is usually a percentage of these types of plans financially risky. We community, DBplus combines the best earnings. Employees often contribute to all know financial markets and interest features of DC plans (cost certainty) with the plan as well. The retirement benefit is rates go up and down. This can create the best features of DB plans (predictability the total of the accumulated contributions, unacceptable or even fatal cost volatility in and cost efficiency for employers and together with any investment growth contributions and in financial statement valuable lifetime benefits for members). on the contributions. With most plans, reporting, not to mention steady increases Members participating in DBplus earn a employees have responsibility for in life expectancy that also affect the cost guaranteed lifetime pension, equal to 8.5

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24 Nova Voce • WINTER 2019 CBA Nova Scotia IN THE NEWS CHANGES TO THE NSBS BAR ADMISSION PROGRAM

Change is coming to the NSBS Bar and competencies will be taught and Foundation Modules online between July Admission Program for new clerks evaluated. and October. starting articles in June 2020 and How is PREP different from the current 2. In November, the clerks will attend for clerks who begin articles after course? a one-week in-person Foundation November 1, 2019. The current Bar Admission Course Workshop where they will practice The Society will move forward with a includes three weeks of in-person class the skills they learned about in the new Bar Admission Program, called the time, 10 weeks of online assessment and Foundation Modules. Practice Readiness Education Program a Bar Examination. 3. After a short break in December, clerks (PREP), created and administered by the In the new Practice Readiness Education will return to working online for three Canadian Centre for Professional Legal rotations in a Virtual Firm where they Education (CPLED). Program, clerks will: • work through the program together in will work through files from beginning There will no longer be a Bar Examination cohorts; to end. once the Society fully transitions to this • be away from the office for two weeks 4. Finally, in April they will attend a program. However, the Society will (one week in November and one week one-week in-person Capstone that will continue to run three more exams into in April); determine if they have demonstrated 2020 for those applicants who are already • work through a client file from sufficient competence to begin the registered as of November 2019. beginning to end; and practice of law. • work to demonstrate entry-level What is the new Bar Admission Program? Learn more about this change at nsbs. competency. CPLED created the new Bar Admission org/society-news Program with the involvement of staff What will the new Bar Admission Program look like? Questions? Please contact the NSBS from all the participating law societies. Director of Education and Credentials, 1. Clerks that begin their articles in June CPLED’s program, PREP, is very Jacqueline Mullenger, at jmullenger@ will start with a one-day orientation different from the current Bar Admission nsbs.org. early in July. They will complete 13 Program however all of the same skills

CONTINUED FROM PREVIOUS PAGE sizes to provide predictable, cost certain, DBplus is expected to launch for the cost effective, adequate and sustainable legal community in 2020. To be kept percent of total (employee and employer) workplace pensions through DBplus. The informed about this unique offering for contributions, accumulated with inflation. result will be a pension plan available to Canada’s legal community, sign up to On average, a member who participates all Canadian law firms that has none of receive updates at www.lawyersfinancial. over their entire career in DBplus is the legal or financial risks associated with ca/pensionforlawyers. Or, if you’d like a expected to receive approximately $8 in managing their own plans. The main law presentation for your law firm, contact benefits for each $1 they contribute. firm obligation will be to set up payroll Dawn Marchand, President & CEO, CBIA Lawyers Financial is currently working deductions and remittances, just as they at [email protected] or with CAAT to enable law firms of all do now for CPP. 416-221-8305.

The voice of the legal profession Nova Voce • WINTER 2019 25 WELLNESS

an event how much I am going to drink. That way, if I decide I am only going to SELF CARE TIPS have one glass of wine at a cocktail party, I stick to it and wake up the next day feeling FOR THE FESTIVE SEASON energetic and healthy. I also decide ahead of time how much time I am going to take off from work. There is always going to FROM OUR MEMBERS be work on your desk, and if you don’t commit to taking a week or two off, you might find yourself sitting behind your computer to take care of “just a few things” “For me, this holiday season is the first • Pay for the person behind you in line at – Sarah McInnes, Lawyer, McInnes Cooper. where I will be finding ways to cope the coffee shop with grief. My family and I will be Kindness and caring can be shown in “I try to structure my work so that I starting a special project in memory of many different ways and there’s really no can take at least a week or more off my mother, Sue, who passed away earlier limit on what we can do. Happy Holidays!” entirely. I allow myself to be a little this year. She taught us this time of year – Selina Bath, Partner, Wickwire Holm. selfish over the holidays, doing things is about giving, not receiving, so we’ll that I want to be doing and allowing be providing turkey dinners to those in “With the escalating cost of gift giving myself lots of time to mentally rest.” need in my parents’ community in her each Christmas, my grandparents were – Cheryl Canning, QC, Partner, Burchells memory. I am excited for this year to be struggling to keep up. So, we implemented LLP. a holiday season of healing and reflection, ‘Secret Santa’ across my extended family and hope those feeling a loss this almost 15 years ago – one present, to a “Year-end can be a pretty hectic time for holiday season know they are not alone” maximum $50 value, for your designated lawyers practicing corporate law, on top Anne McFarlane, Estate and Trust – family member. It has certainly cut down of all the other busyness that comes with Consultant, ScotiaTrust. the cost, stress and potential wastage the holiday season. I find it helps a lot to during this time of year. Any other gifts just accept that my day will probably get “When the holiday becomes hectic, away from me and try to not beat myself I take a solo drive around the city that I give are experienced-based, so that we get to spend quality time together up over that. I also try to get some physical to see the lights and decorations. I activity first thing in the morning, so I find that it helps to clear my mind” – this year I’ll be taking my parents to see Cirque du Soleil in Montréal!” make sure I fit that in no matter what.” – Morgan Manzer, Lawyer, Nova Scotia – Meaghan Strum, Lawyer, Burchells LLP Legal Aid. – Jane Elise Bates, Executive Director, CBA- NS. “This year I’m looking forward to “At this joyful, yet busy, time of year it spending lots of time with family, enjoying is important to make time to care for “I find physical activity in the form of running or swimming good, as well as the Christmas spirit at Church and in yourself as well as those around you. This the community, and getting outside as holiday season I invite others to engage in doing something where you can see the immediate results of your labours, often as I can to enjoy the outdoors” 12 Days of Kindness. To get you started, Dave Mahoney, Senior Staff Counsel, such as cleaning a car, throwing out – here are some ways to spread a little Nova Scotia Legal Aid (Truro). kindness throughout your day: old papers, etc. Plus, given that it’s that time of year, heading to church is • Pledge a regular or one-time donation to a good way to re-connect spiritually” “The holidays are often a time spent a local charitable organization – Douglas Lloy, Lawyer, Nova Scotia Legal with family and friends, so it is a great • Support a small business and buy local Aid. opportunity to review your will, and • Send a handwritten letter to someone make sure that you are providing for you haven’t seen for a while “With all of the receptions, gatherings • Feed someone’s parking meter and parties, I try to decide before I attend CONTINUED ON NEXT PAGE

26 Nova Voce • WINTER 2019 CBA Nova Scotia WELLNESS

CONTINUED FROM PREVIOUS PAGE time is important 12 months of the year” Wellness Subcommittee to help legal – Cristina E. Firmini, Legal Counsel & Chief professionals manage personal, emotional, the people you care most about. As is Privacy Officer, I.M.P. Group International health and wellness challenges. the case with our clients, it is easy for Inc. lawyers to defer our own estate planning And don’t forget that the Nova Scotia for years amid the pressures of our daily CBA WELLNESS Lawyers Assistance Program can be work – so this holiday season, make those contacted by phone at 1-866-299-1299 long-awaited updates to your will (or PROGRAMS AND and provides services to lawyers, articled prepare your first one), and start 2020 off RESOURCES clerks, students and their families who right… and don’t forget your power of Since 1989, the Wellness Subcommittee may need support for all types of personal attorney and personal directive, either!” (formerly the CBA Wellness Forum) has problems. Homewood Health also offers – Sarah M. Almon, Associate, Stewart 24/7 counselling for personal and family- McKelvey. recognized the unique needs of the legal profession and worked to find solutions related issues or life events, including “I try my best not to fall victim to the that allow CBA members to lead healthy, addiction, anxiety, depression and stress, hype of the holidays, and don’t over balanced lives. The CBA website contains as well as support for relationship and commit myself. Respecting personal a wealth of resources curated by the family issues. A RESPONSIBLE LAWYER’S GUIDE TO THE WORK CHRISTMAS PARTY

the number of guests expected, to reduce subject of unwanted attention by another SUSAN the likelihood of people drinking on an party-goer, as an engaged bystander make MACKAY empty stomach. If it won’t be a cash bar, a point of interrupting their interaction. Nova Scotia Public Prosecution Service consider giving out a reasonable number Depending on the circumstances, a simple of drink tickets as each person arrives. As distraction such as, “oh, I want you to a good social host, you will want to keep a meet someone over here” may be enough watchful eye on the festivities. If anyone to prevent an uncomfortable situation Work-related Christmas parties can be seems like they shouldn’t be driving, be from continuing or worsening. But what a lot of fun. But most of us have been sure they have a safe way home and that if a more direct or firmer approach seems to gatherings where party-goers have you feel confident they will use it. called for? And say you also happen to crossed the line from being festive and be a junior member of the firm and feel social to allowing themselves to be “over- If you are a guest and the party doesn’t you would like help intervening in a served”. Apart from later embarrassment involve a meal, consider getting a group situation involving someone more senior? for having been drunk in front of together for supper beforehand. Be sure Consider making a senior colleague aware colleagues, relationships can be damaged if you know when you arrive how you are and asking for their help. inappropriate things then are said or done. going to safely leave the party. Keep a friendly lookout for the well-being of A great party is one where everyone has Good planning on everyone’s part is other guests while you are there. Alert one a good time. All of us can play a part in important. of the hosts if you notice something you ensuring respectful boundaries are the If you are organizing the party try to make think they should be aware of. norm at holiday gatherings. So channel sure there will be enough food on hand for your inner Fezziwig and spread some If someone seems possibly or certainly the benevolent joy this holiday season.

The voice of the legal profession Nova Voce • WINTER 2019 27 HUMOUR IS SANTA AN INTERNATIONAL CRIMINAL?

stealth technology, likely violations of JANE ELISE air sovereignty, and illegal importation BATES of goods – let’s focus on whether Santa CBA–NS has the appropriate permits to even own reindeers, let alone use these exotic animals as a means of transport. If so, how does he protect them from the heat generation of a rocket-speed journey and It’s that time of the year once again are carrots sufficient sustenance for the – where we encourage our children trip? And what shall we make of Santa’s and pets to have photos taken with a responsibility as a role model to our strange man with a white beard (often children: flying, in an open sleigh devoid conspicuously fake), wearing a red suit of safety harnesses, under the influence and just hanging out at the local mall. of a few too many million glasses of beer, Sure, he’s jolly and has been known to mulled wine, or other hard liquor that give out presents, but just who is this obliging families have left out. mystery man really? And what about all those international laws he’s allegedly Always Watching – How does Santa breached? you see shows a smiling workforce, you get his intel on whether we’ve been naughty or nice (and have the evidence Let’s break it down… have to ask yourself… are they there by choice or is Santa in breach of modern to defend a potential defamation claim)? Identify concerns – Although commonly slavery prohibitions? What are the Not wanting to point the finger too known as Santa Claus, this bearded working conditions and is there a union aggressively in his direction, it does beg stranger also goes by Pére Noël, Father to protect the workers against a 24-hour the question of whether millions are Christmas, Kris Kringle, Saint Nicholas, soundtrack of Mariah Carey Christmas being subjected to illegal surveillance and and various other pseudonyms. Not songs? And have you ever noticed the violations of privacy. Plus – Santa’s got only does having multiple aliases lack of personal protective equipment a centuries-long rap sheet of breaking- look shady, they must surely create in the toy workshop? Not a hard-hat and-entering into private residences some complexities when crossing or protective goggle in sight. It’s hard on Christmas night. What’s Interpol international borders. And given that to imagine that those bright curly shoes doing about this guy? Is he really the the North Pole is not owned by any are steel-capped. Plus, let’s not overlook nice, jolly fella with a twinkle in his eye country under international law, what the lack of representation by female we always thought we knew? Or is that passport is Santa flashing in the wee and minority groups within Santa’s twinkle actually the villainous gleam of hours of the night? And does he actually workforce. an international icon gone rogue. have the visas required to visit every Obviously, it goes without saying that country in the world? Unregulated Mode of Transport – Each year Santa manages to defy the laws Santa remains innocent until proven Labour law non-compliances – Santa’s toy of physics through his one-night guilty. But one thing seems certain this workshop runs 364 days of the year, as circumnavigation of the earth. But – Christmas season… Santa’s going to do the elves within it. While every image putting aside his military-grade sleigh- need a good lawyer!

28 Nova Voce • WINTER 2019 CBA Nova Scotia HUMOUR A MESSAGE FROM

YOUR LAWYER >

, but in no way guarantee, We wish you a>

or other festive period (including without limitation Hanukkah,merry Kwanzaa Christmas and winter solstice) and for the avoidance of doubt > a happy >Newtwelve Year!(12) month > period commencing on reasonably January 1, 2020

The voice of the legal profession Nova Voce • WINTER 2019 29 ETHICS

ecosystem. We can—and should—prioritize WHY DOING THE integrity among business leadership: Set the tone. Demonstrate integrity and professionalism, emphasize core values, RIGHT THING MATTERS and ensure there is clarity of purpose in regards to acceptable behaviour. It is not only the action but also the accountability and ownership of the action that drives behaviour and, ultimately, change.

Transform compliance into integrity. corporate compliance programs to identify Although a strategy for legal compliance LISA is without a doubt an important objective, PICOTTE-LI and prevent violations of regulatory requirements. These programs generally there is opportunity in its implementation focus on increasing responsibility of senior and maintenance to set the values of the management, improving communication organization as its frame of reference. and enforcement of organizational policies, Integrated internal channels of reporting and greater oversight through audits and and proactive management can protect Previously published in CCCA (Spring 2019, monitoring. Emphasis on a program of an organization early on, even before a Vol 13, Issue 1) for the CBA Canadian deterrence is necessary but also presumes problem surfaces. Corporate Counsel Association people need the threat of discipline to do Engage and empower. The values of the right things. Expectations and trust have changed. an organization might evolve, grow Stakeholders, shareholders, regulators and Most people have a strong moral belief and change, but the way in which an customers now expect organizations and in the legitimacy and correctness of organization conducts itself should their leaders to not only comply with the following rules. There are also many reflect its culture of integrity. In-house law but also embrace standards of conduct examples of conduct that is legal but lacks counsel are in the unique position of that exceed even the spirit of the law. The integrity such as labour, environmental shifting the question from “Is this legal?” external requirements to comply are still and safety requirements. Establishing legal to “Is this right?” They also provide there, but a culture of integrity has become compliance as a measure of integrity is a their organizations with the tools to ask critical to being able to achieve sustainable starting point. A culture of integrity is the appropriate questions. Training, education growth aligned with the values and purpose next step. and development of best practices can go of a business. a long way to fostering an environment of A culture of integrity gives meaning to positive behaviour. A culture of integrity means more than an organization’s values and creates an avoiding illegal practice. It means doing environment of accountability. A culture Integrity is essential to achieving the right thing because it is the right of integrity enables responsible behaviour sustainable growth. Changes in culture thing to do and ensuring the people of that goes to the core of an organization’s take time, but a culture of integrity attracts the organization are more likely to make purpose. It is what the organization stands and retains talent, engages stakeholders and decisions that genuinely reflect the values for when the convenience and marginal employees, reduces risks and tensions, and of the business. A culture of integrity costs of doing something wrong seem can even impress regulators. Exceeding the inspires confidence and respect, promotes remarkably low. spirit of the law and raising the standard of trust within the organization, and instills what it means to do the right thing benefits a sense of responsibility that is core to its In-house counsel have the opportunity to everyone, moving us from good to great. philosophy. shape and design strategies for creating a culture of integrity so that it becomes Lisa Picotte-Li is in-house counsel at a As more business leaders become aware of ingrained into the fabric of the organization. provincial regulator and adjudicates discipline the importance of organizational integrity, From compliance to governance structures, of federal inmates. The views expressed are lawyers are frequently asked to develop in-house counsel are part of the cultural those of the author.

30 Nova Voce • WINTER 2019 CBA Nova Scotia CAREER DEVELOPMENT MENTORSHIP IN THE MODERN ERA

within a practice group. The economics to partnership (and keeping your nose OMAR of how work is billed simply doesn’t down and working harder isn’t good HA-REDEYE allow for it. The relationships outside of enough). these direct reports were typically much more useful. In smaller and solo firms the supports lawyers are looking for include practice Without internal champions, few junior management, but also assistance on Previously published in JUST (August 28, lawyers succeed in climbing the ladder substantive aspects of their practice. 2019) for the Ontario Bar Association to the upper rungs of a large law firm. Lawyers and organizations interested in Although these champions come in supporting this can do so by recognizing I made the unusual choice when getting different forms, the greatest deficit we what the challenges and issues are that called to the bar to go solo from the outset. observed was the lack of substantive lawyers face, instead of assuming they The reasons for this were complicated, skills in practising the law or operating know what lawyers may need. That but largely included uncertainty about a practice. Junior lawyers learn how means that mentoring relationships will the type of direct support I would receive to conduct excellent memos or do be as much about collecting information from other lawyers in a firm. exceptional research, but their hands-on as they are about imparting it. Starting your own law practice is a skills are often much more limited than These days I’ve recently returned from daunting notion. I gathered a small that. parental leave, with new challenges and group of friends who I knew were also Junior lawyers need direct assistance new needs for support as the Executive interested in going solo, and introduced on their files, accompanying other Director of a Community Legal Clinic. them to each other. We started lawyers to court, or joining them in The Law Society’s Parental Leave participating in formal mentorship business negotiations. As a network of Assistance Program (PLAP) helped on programs offered by professional and sole practitioners, we had the flexibility the monetary end, but I still turn to my affinity associations, but quickly realized to arrange a cross-work lattice of peers for the challenges with practice. it wasn’t enough. contractual relationships that allowed Incredible colleagues have already So instead, we started sharing notes. for this, typically providing greater cost- provided tips and insights. But the This form of peer-mentoring is one of savings to the client. The result could difference between this and applied the most effective ways that lawyers can be better described as an incubator, mentorship is when they help directly build supports into their careers. Slowly allowing lawyers and their practices with the childcare. this group grew, changed, and developed grow in many ways, rather than just to the point where we were able to assist mentorship. P.s. I’m still waiting for help on that last calls that were even newer than us, What is clear is that the types of dirty diaper! including recent departures from large mentorship programs the bar employs law firms. Omar Ha-Redeye is a Toronto lawyer and need to be much more focused, and applied legal academic with a background in What we quickly learned is that most accompanied with supporting materials civil litigation who operates out of Fleet Street junior lawyers don’t get true mentorship and specific goals. For larger firms, Law, an incubator in Toronto for new and within their law firms, and especially not this typically means tracking the path young law firms.

The voice of the legal profession Nova Voce • WINTER 2019 31 SECTIONS LAW STUDENTS’ SECTION UPDATE

The Canadian Bar Association – Nova Scotia Branch Law Student Section is proud to have received the 2019 CBA-NS Section Award of Excellence. Current section chair and 3L student at the Schulich School of Law, Sydney Hull, summarizes recent events hosted by the Law Student section below.

Connect: Women in Law

A staple in the Student section programming is a joint meeting with the Women Lawyers’ Forum titled “Connect: Women in Law”. This event provides women-identifying lawyers and law students the opportunity to chat and discuss career options. With a typical ratio of four students to one lawyer, the event is “speed networking”: groups are given about twenty minutes to chat before students rotate to the next lawyer to repeat the process. One reason the event is so well liked is that many law students, especially those in their first or second year, do not know any lawyers personally. The welcoming, laid-back nature of the event gives students the ability to ask questions and have frank discussions School of Law Career Development what fresh air feels like and opt for with successful women lawyers. Many Office (CDO). ready-made meals or takeout over students have remarked that they homemade, healthy meals. Recognizing come away from the event with a more Health Break this, the CBA Student Section hosts nuanced understanding of careers in “health breaks” each exam period where law. The 2019 event took place on Anyone who has been through law nutritious snacks and drinks are given November 5, had around 30 attendees, school knows that the exam period is and was sponsored by the Schulich not a fun time. Students often forget CONTINUED ON NEXT PAGE

32 Nova Voce • WINTER 2019 CBA Nova Scotia SECTIONS

CONTINUED FROM PREVIOUS PAGE waste generated by school events. Through the CDO, which generally to students on their way to the library. handles registration for networking SAVE THE DATE In addition to refreshments, pens, events, the hope is that students can FOR UPCOMING highlighters and sticky notes are also bring their own nametag for mixers at made available to replace those running local firms. This will reduce the need PROFESSIONAL dry during the back-end of the exam for single-use lanyard nametags. 2L and season. Plus, law students can never 3L students also had the opportunity to DEVELOPMENT have too many sticky notes… purchase the tags for a subsidized cost. The Student Section hopes to continue CONFERENCES What to Do If? providing the nametags to future IN 2020! Often, it is easy for students to be swept Schulich Law classes in years to come! up into the law school narrative of jobs Stress-Free Social and linear career paths. While a career- focus is very important, working a non- First held in March 2019, the “Stress- Criminal Law legal summer job in 1L or 2L can leave Free Social” developed from a desire Conference students feeling uneasy and behind to offer something different to CBA April 3, 2020 their colleagues who do find legal student members. The Student section employment. In March 2019, the CBA decided to create a space where students Student section and CDO teamed up to can connect with their classmates in a Wills, Estates & create a panel on what students can do Trusts Conference laid back, casual environment. The only May 1, 2020 with their summers if they did not land rule during the social was no talking law jobs. The session highlighted how about law school – including classes, skills gained from non-law roles can exams, OCIs, articling, etc. Instead, make students attractive to future legal students were encouraged to get to employers. The panel featured upper- know other facts about their colleagues, year students who had previously such as non-law hobbies and interests. Innovation worked non-law summer jobs, CDO While friendships are quickly made in It doesn’t just keep staff, and firm representatives. They law school, the main connecting factor you ahead of the game, discussed the subject from different can easily become students’ shared it keeps you in the game angles, and shared resume and cover- concerns about school and finding letter writing tips. employment. The first event in 2019 was well received, so now each semester Name tags has a planned event for the 2019-2020 A new joint initiative between the CBA academic year! Student Section and the CDO in 2019 The 2019-2020 CBA-NS student provided reusable metal nametags to section executive are Sydney Hull (3L), the incoming 2019 1L class. Thanks to Katie Short (2L), Robbie Mason (1L) generous sponsorship by the CDO and and Delani Thiel (1L). All are students CBA, all current 1L students received a at the Schulich School of Law. If you nametag during their welcome week. have an idea for a joint meeting or panel The nametags have both environmental with the law student section, feel free and professional benefits: they look to reach out to Sydney or Katie: sydney. ldd.ca sharp while simultaneously reducing 1 800-363-2253 [email protected]; [email protected]. ® LawyerDoneDeal and design are registered trademarks of LawyerDoneDeal Corp.

The voice of the legal profession Nova Voce • WINTER 2019 33 SECTIONS SECTION EXECUTIVES 2019-2020

Aboriginal Law Elder Law Law Students Roy Stewart, Burchells LLP Peter Rumscheidt, Weldon McInnis Sydney Hull, Schulich School of Law Bryna Fraser Hatt, Fraser Hatt Law Grace MacCormick, Patterson Law Katie Short, Schulich School of Law

Administrative Law Environmental, Energy & Resources Military Law Kathryn Raymond, QC, BoyneClarke LLP Matthew Clarke, Nova Scotia Power E. Arnold Hill, Barrister and Solicitor Jeremy Smith, NS Department of Justice Ryan Brothers, Nicholas Burke, Nova Scotia Legal Aid NS Department of Justice Bankruptcy Law Municipal Law Tim Hill, QC, BoyneClarke LLP Family Law Marc Dunning, Wickwire Holm VACANT (TBC) Laura Kanaan, MDW Law J.C. Reddy, Amber Penney, Lenehan Musgrave Power, Leefe, Reddy & Rafuse Business Law Michelle Axworthy, Jennifer Hamilton Upham, Blois, Nickerson & Bryson LLP Privacy and Access Law Patterson Law David Fraser, McInnes Cooper Roy Argand, Cox & Palmer General Practice, Solo & Small Firm Matt Saunders, Cox & Palmer Jennifer Schofield, Canadian Corporate Counsel Kennedy Schofield Lawyers Real Property Cristina Firmini, VACANT (TBC) Jane Gourley-Davis, Patterson Law IMP Group International Inc. Kristin Pike, Patterson Law VACANT (TBC) Government and Public Sector Lawyers Securities Law Charities & Not-for-Profit Law Sean Foreman, H. Jane Anderson, Selina Bath, Wickwire Holm NS Department of Justice NS Securities Commission Peter L’Esperance, McInnes Cooper Ryan Baxter, McInnes Cooper Chika Chiekwe, Cox & Palmer

Citizenship & Immigration Health Law Sexual Orientation Gender Identity Sarah McInnes, McInnes Cooper Mary Anne Persaud, Jaime M. Burnett, Pink Larkin Lana Roberts, EY Law LLP NS Health Authority Stacey Merrigan, Hicks Lemoine Ryan Baxter, McInnes Cooper Civil Litigation / ADR Taxation Law Guy Harfouche, Intact Insurance Insurance Law Eric Feunekes, PwC Law LLP Jason Cooke, Burchells LLP Philip Chapman, Wickwire Holm Amy Gibson Saab, BoyneClarke LLP Lawrence Rubin, Constitutional and Human Rights Wills, Estates and Trusts Kelly MacMillan (acting) Lawyers’ Insurance Association of NS Sarah Almon, Stewart MacKelvey Jennifer Weston, Barteaux Durnford Intellectual Property Nicole Power, Weldon McInnis Katie Paterno, McInnes Cooper Construction & Infrastructure Law Women’s Forum Jeff Aucoin, McInnes Cooper Anthony Rosborough, Wickwire Holm Anne McFarlane, Scotiatrust Colin Taylor, Labour and Employment Law Sydney Logan, Lenehan Musgrave Halifax Regional Municipality Bradley Proctor, McInnes Cooper Lindsay Logie, Harris North Law Andrew Taillon, Criminal Justice Young Lawyers Douglas Lloy, QC, NS Legal Aid NS Department of Justice Jennifer Taylor, Stewart McKelvey Luke Merrimen, Merrimen Law Courtney Barbour, Wickwire Holm

34 Nova Voce • WINTER 2019 CBA Nova Scotia SECTIONS SECTION MEETINGS

Over 38 Section meetings were held in procedural and other changes at the Environment, Energy & Resources Law the first quarter of this program year, Board, highlighted the importance of case Section to review Nova Scotia’s Cap with more being planned for early in management and proper preparation, and Trade Program, how it impacts 2020. Some of our meetings included: explained the opportunities for mediation, industry and how it compares to other and reviewed her experiences with the jurisdictions. Specifically, Andrew ABORIGINAL LAW SECTION MEETING process used for the various types of discussed the Pan Canadian Framework A Review of Nova Scotia (Attorney General) matters the Board determines. Her update and walked through why a Cap and Trade v Nova Scotia (Utility and Review Board), included statistical information about the system was chosen for Nova Scotia, its 2019 NSCA 66. This session was held by the Board’s timeliness and related matters. mechanics and what things may look like Aboriginal Law Section, and the session The attendees had an opportunity to ask moving forward. The session was well speaker/presenter was Victor Ryan, questions and offer comments to Chair received, and participants were interested who was co-counsel for the intervenors, Hollett, which were well received, given in receiving an update in the years to Kwilmu’kw Maw-klusuaqn Negotiation the Board’s interest in obtaining feedback. come. Office and Acadia First Nation. Victor REAL PROPERTY SECTION is an associate with Burchells LLP. Victor began the session by providing Karen Killawee presented to the Real SAVE THE DATE an in-depth background of the events Property Section on issues at the leading up to the decision, which was intersection of property and matrimonial helpful in setting the context for the practice. Specifically the group discussed THE CBA NATIONAL Court of Appeal’s clarification regarding issues surrounding ILA as it relates to consultation with First Nations. The waivers of matrimonial claims, how ANNUAL GENERAL session provided detailed insight into parties release their interests in property MEETING why the Court dismissed the province’s under the MPA and the case of BNS appeal of a Nova Scotia Utilities and v Halef, gifts of down payment from will take place Wednesday, Review Board (URB) decision that found parents of one spouse (child), treatment February 19, 2020. consultation between the Crown and of inheritances, business assets and other Mi’kmaq representatives regarding a dam assets which are exempt from equal refurbishment project to be inadequate; division and other matters. The group Can’t make it to Ottawa? the Court of Appeal found that the URB could plainly see how often these two The CBA-NS Office will be had jurisdiction to rule on the adequacy of areas converge and Karen’s view from hosting a local hub for this consultation. the family law side was appreciated by the meeting in its Boardroom group. from 14:00-17:00. JOINT ADMINISTRATIVE LAW and LABOUR & EMPLOYMENT SECTION JOINT PUBLIC SECTOR and ENVIRONMENT, ENERGY & RESOURCES Don’t want to leave your Karen Hollett, Chair of the Nova Scotia SECTION MEETING office? Labour Board provided a presentation You can also vote from your respecting the procedure before the Andrew Webber, Carbon Market computer. It’s never been Labour Board and effective advocacy. Ms. Analyst with Nova Scotia Environment, this easy to participate! Hollett provided an update respecting presented to the Public Sector and

The voice of the legal profession Nova Voce • WINTER 2019 35