74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 1

Volume 14, Issue Number 4 August, 2001

Highlights of the Annual Meeting of the Law Society of Held June 7, 8 and 9, 2001

The 62nd Annual Meeting of the Societies of Canada, and enjoyed a Lamontagne. As is noted in this Law Society of Saskatchewan was presentation of the Virtual Law edition, the members were advised held June 7, 8 and 9 in Regina. It Library, www.canlii.org, by Sue Baer, that work is ongoing to review, and was the last one to be held with the Director of Libraries. possibly revise, trust account social and business events over two After an afternoon of golf and the requirements and the spot audit days. Falling attendance and lack of science centre, a dinner was held at program. As well, the members invitations from local Bar the Centre of the Arts where senior were advised that the Benchers Associations has led the Benchers to life memberships were presented to approved the transfer of $400,000 agree to a business only format. Allan Blakeney, Q.C. and William F. from the Self-Insurance Fund to the The registration event was held at Ready, Q.C. commemorating 50 Special Fund. the MacKenzie Art Gallery where years membership in the Law The CBA Annual Meeting the delegates enjoyed hors d’ouevres, Society of Saskatchewan. Mr. followed. At their Community entertainment and great company in Ready was introduced by his son and Service Award luncheon, Paul the distinctive setting of the Art former partner, Kenneth Ready, Bourassa, counsel for The Hill Gallery. Q.C. Dean Beth Bilson introduced Companies, was recognized for his The Friday business session Mr. Blakeney, the holder of the Law extensive work with the community. featured an address by Chris Foundation Chair at the College of Among other matters, Paul was Axworthy, Q.C., Minister of Justice Law. President of the United Way of and Attorney General for On Saturday, resolutions Regina for 2 years, and is a member Saskatchewan. He spoke about the regarding amendments to the Court of the Board of the Hospitals recent legislation allowing of Appeal tariff and Criminal Law Foundation of Regina. incorporation, LLP’s and class Rules and an increase to the Thanks are extended to the actions and outlined the changes to jurisdiction of the Small Claims organizing committee consisting of The Family Property Act which Court were passed. A resolution Jackie Brown and Kirsten Logan, would give common law and same proposing an end to the Simplified and to our sponsors, Greystone sex couples similar rights as married Procedure Rules in the Court of Managed Investments Inc., couples. His remarks were most Queen’s Bench was tabled. PricewaterhouseCoopers, appreciated. The majority of the discussion at Saskatchewan Court Reporters Attendees on Friday also heard the Benchers’ Bear Pit Session Association and TMC Technology from Abe Feinstein, Q.C. of Ottawa, centered around the defalcation and Management Corporation. President of the Federation of Law subsequent disbarrment of Daniel www.lawsociety.sk.ca 74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 2

Highlights Of The Meeting Of The Benchers Held June 5, 6 and 7, 2001

Six Month Mobility Rule Law Society of Upper Canada and the Self-Insurance Fund Barreau du Quebec often feel they can As you would have read in the SLIA has been the errors and proceed on their own initiatives without October, 2000 edition of the Benchers’ omissions insurer of Saskatchewan Federation involvement, the Federation Digest, The Law Society of lawyers since September of 1988. Prior often cannot proceed on many Saskatchewan has had discussions with to that, the insurance was provided by worthwhile initiatives. As a result, the the Law Societies in the other Western American Home Assurance Company, Law Societies of Western Canada have Provinces to increase lawyers’ with the Law Society responsible for the proceeded with joint initiatives on their interjurisdictional mobility, at least in first $100,000 of every claim. The last own. the West. As you will also note, as part American Home insurance claim was At the Federation Annual Meeting of those discussions, The Law Society of finalized this spring. This left almost to be held in in August, the Saskatchewan passed the 10-20-12 $600,000 remaining in the Self- delegates will debate the issue of Rule, which allowed lawyers from other Insurance Fund (being the fund used to increased authority for the Federation provinces to practice in Saskatchewan pay the first $100,000 of all claims). Board of Directors, increased funding to for up to 10 matters, taking less than 20 In light of the Daniel Lamontagne the Federation, and increased days, in any 12 month period. defalcations, the Benchers considered involvement by the Federation’s The Benchers have now passed whether the remainder of the Self- national and international issues. amendments to Rules 200 – 208, which Insurance Fund should be paid into the implement the 6-12 Rule. This allows LAND Project Special Fund, which covers lawyer’s members from British Columbia, defalcations. At the end of 2000, the Alberta and Manitoba to practice for up Just prior to Convocation, the Special Fund stood at 2.56 million to 6 months in Saskatchewan on a Minister of Justice, Chris Axworthy, dollars. Actuaries had suggested that reciprocal basis. All that is required for Q.C., and representatives from the the Fund be maintained at a level lawyers with no discipline or criminal Department of Justice met with between 1.5 and 2.5 million dollars. history is a notification to our office of representatives from the Law Society Payment of the Lamontagne defalcation their intention to practice here. See and the Canadian Bar Association. and trustee’s fees would bring the Fund Allan Snell’s article elsewhere in this Over the years, Mr. Axworthy and his balance to 1.7 million dollars, which is edition. predecessor, , Q.C., have at the low end of the recommended been extremely supportive of the level. Federation of Law Societies position that lawyers should be the only The Benchers agreed to transfer “authorized users” (along with select The President of the Federation of $400,000 of the Self-Insurance Fund to government employees) of the Law Societies of Canada, Mr. Abe the Special Fund. This will bring the electronic land titles system. Prior to Feinstein, Q.C. of Ottawa, attended Special Fund to a more comfortable the meeting, the Law Society had Convocation and the Law Society level. The Benchers will consider what received a letter which suggested that Annual Meeting. The Federation of to do with the remaining $200,000 of lawyers should not be the sole Law Societies of Canada is the umbrella the Self-Insurance Fund at a later date. authorized users. Mr. Popescul and Mr. organization of all Law Societies in Grubb expressed their concerns and Review of Trust Account Procedures Canada, with the exception of received a positive response from Mr. Nunavut. The Federation is the As a result of the Lamontagne Axworthy. It was also pointed out that organization which presents the highly defalcation, it became apparent that the the Law Society has offered to assist in successful criminal law and family law current trust account review and the training and certification process of seminars, and most recently is the reporting requirements are not lawyers using the electronic system, but driving force behind CanLII, the necessarily adequate. A review of the has received no response. It was National Virtual Law Library. spot audit program is already underway suggested to the Government officials The Federation is at somewhat of a by John Allen, C.A., the new that if the Law Society does not receive crossroads and Mr. Feinstein and the Auditor/Inspector. As well, we are the support necessary and lawyers do Board of Directors would like to see the taking part in a review of the trust not become sole authorized users, it will Federation move forward. account rules to deal with uniformity in be difficult for the Law Society to justify Unfortunately, because the Board of Western Canada. The Law Society staff the cost and time commitments Directors does not have the authority to will be preparing a report for the necessary to support full utilization of act without the support of the Benchers in the fall. the system by lawyers. Federation delegates, and because the Watch for further reports. 74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 3

Title Insurance

Many members will have already involvement of lawyers in real estate In assessing the marketing activities received a letter from First Canadian transactions, and the public right to of First Canadian Title or any other Title suggesting that the Western Law certainty and independent legal advice. title insurance company, members are Societies Conveyancing Protocol is not Many of you will also be aware of the encouraged to critically examine the an effective alternative to title Bank of Montreal Home Closing options and make their determination insurance. The Conveyancing Services Program launched in on what is best for the client in Protocol was developed by the Law partnership with First Canadian Title, individual cases. Societies in order to ensure the which significantly reduces the role of More information can be obtained integrity of our land titles systems, the lawyers in real estate transactions. from the Law Society offices.

In Memory of

ALLAN MATHIASON passed away suddenly in Saskatoon on May 29, 2001 at the age of 57 years. Mr. Mathison was born in Birch Hills, Saskatchewan and received his education at Crystal Springs School and the University of Saskatchewan, graduating from the College of Law in 1969. Mr. Mathison articled and practiced law with Justice J.S. Gagne until Mr. Justice Gagne’s appointment to the Bench. He was in partnership with Ben Valkenburg ever since. Mr. Mathiason was found to have a sympathetic ear and a generous heart. Mr. Mathiason is survived by his wife, Sharon, and his children, Andrew and Jennifer.

HUGH MILTON KETCHESON, Q.C. passed away peacefully after a long and courageous struggle on June 22, 2001 at the age of 73. Mr. Ketcheson spent his youth in Saskatoon, where he graduated from the University of Saskatchewan’s College of Law in 1950. Mr. Ketcheson moved to Regina where he worked for the Provincial Department of Justice in 1952, and served the Province as Deputy Attorney General before being named a Judge of the Provincial Court, Small Claims Division, in 1983. Mr. Ketcheson retired to Victoria, British Columbia in 1995. Mr. Ketcheson is survived by his wife, Marion, daughters Maureen and Meaghan, his grandchildren, and Marion’s children Bill, Doug, Karen and their families.

JAMES JOHNSTON KERR, Q.C. passed away on June 30, 2001. Mr. Kerr was born and brought up on the prairies of Asquith, where he developed his life-long attachment to the land. Mr. Kerr graduated in Arts and Law in 1938 under Dean Cronkite and completed his articles at the Regina law firm of MacPherson, Milliken, Leslie & Tyerman. Early in his career, he served overseas with the Canadian Army, and upon discharge in 1946, he set up a private law practice in the Town of Grenfell. Mr. Kerr was active on the Council of the Canadian Bar Association, serving on the Judiciary Committee of that body, and was appointed Queen’s Counsel in 1968. In 1989 he was presented with a Senior Life Membership in the Law Society of Saskatchewan and was still active at his Grenfell office in association with the Regina firm, Rendek McCrank. Mr. Cruickshank is survived by his loving wife, Jeanie. 74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 4

Money Laundering

Bill C-22 dealing with money that any reporting has been made. procedures, a review as if often laundering and intending to replace In addition to large cash necessary of the policies and current proceeds of crime transactions, the Act provides for a procedures to test their legislation, received Royal assent in reporting to FINTRAC of effectiveness, and an ongoing June, 2001. It will be fully enacted, “suspicious transactions”. employee compliance training along with its Regulations, in FINTRAC has published Guideline program. September, 2001. 2 (www.fintrack.gc.ca/en/static/ The Act can be found at The Law Society, all other Law guidelines/2suspicioustransactionrep www.fintrac.gc.ca/en/static/theact.ht Societies in Canada including the orting.htm) which includes such m. The Regulations can be found at Federation of Law Societies, the things as “client appears to have www.fintrac.gc.ca/newse01/data/01- Canadian Bar Association and other accounts with several financial 0161e.html. provincial and national groups, such institutions in one area”, “client Members are encouraged to read as the Saskatchewan Trial Lawyers provides doubtful or vague both the Act and the Regulations. Association, have all expressed information” and “client It must be emphasized that this is grave concerns at the unreasonable inordinately delays presenting not only a criminal lawyer concern, infringement upon solicitor and corporate documents”. any lawyer might conceivably be client confidentiality and privilege In addition to the general involved in a large cash transaction inherent in the legislation and its indicators, FINTRAC has also or a suspicious transaction and must regulations. Further representations published specific indicators for be aware of the possible will be made to the Federal lawyers, such as “client requests consequences and requirements. Government. anonymity”, “client refuses to Some lawyers may wish to make it a Nonetheless, members must be discuss the business purpose of the policy to advise all clients familiar with the requirements prior transaction” or “client is reluctant to immediately upon being retained, of to the September effective date. discuss his or her financial affairs”. the provisions of the Act and The following is not intended as a Members should also be aware of Regulations, particularly as, if record step-by-step guide, but rather as the Regulations, Sections 7 and 9, keeping or reporting becomes an notice to the membership so that which deal with third party issue at a later time, it will not be individuals can begin to take steps determination. These sections may possible to advise the clients then. to prepare for implementation. well require banks or financial As noted above, the Law Society Section 31 of the Regulations institutions to obtain information has very serious concerns with applies to lawyers and provide that respecting individual clients for respect to this legislation. In the other than monies received in whom the lawyer holds money in Benchers’ view, it seriously respect of professional fees, trust from the lawyer. undermines the solicitor/client disbursements, expenses or bail, all Lawyers involved in large cash relationship, not only with respect transactions involving cash of transactions must ascertain identity to confidentiality and privilege, but $10,000 or more must be reported to of the client by reference to a birth by making lawyers a part of the FINTRAC. The Act specifically certificate, driver’s license, investigative arm of the regulatory excludes from the reporting provincial health insurance card, agency. The whole concept of requirements any solicitor/client passport or similar document other independent legal representation privileged information. than a social insurance card. and counsel is jeopardized. The role However, oftentimes what is or is Furthermore, again pursuant to of a lawyer standing between the not privileged information is Section 7, lawyers would be required client and the awesome power of the difficult to define with confidence. to take reasonable measures to State is weakened. Members are There is a real danger that given the ensure that the client is not acting encouraged to draw their own penalties for non-reporting, that on behalf of a third party. conclusion and if they have lawyers may feel obliged to err on Section 71 of the Regulations concerns similar to those expressed the side of caution concerning their designate what is required for a by the various legal organizations own liability. This is doubly “compliance regime”. This includes mentioned above, to communicate dangerous because the Act provides the appointment of a compliance these concerns to their MP’s and that the client must not be advised officer, development of policies and encourage others to do so. 74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 5

Western Mobility

The four Western Provinces, British were deemed to be “jurisdiction- Society in writing of his or her Columbia, Alberta, Manitoba and specific” where this might not be intention to practice. Saskatchewan, have all recently passed necessary and would inevitably increase All practicing lawyers in good rules allowing lawyers in reciprocating the costs to the client? It was agreed standing in Saskatchewan will comply jurisdictions to practice on a temporary that the maintenance of standards and at least with the first two basis for up to 6 months in any 12 the protection of the public could be preconditions. month period. The rules in each achieved by less complicated measures. Members who do not comply with jurisdiction are almost identical, The simplified interjurisdictional these preconditions may still apply for a although there are some minor practice regime which was agreed upon permit to practice. Visiting lawyers may differences. assumes that lawyers will conduct not hold themselves out as being able to The history of interjurisdictional themselves as properly in host practice in the host jurisdiction, except practice regulation in Canada has been jurisdictions as they do in their own. as a visiting lawyer. Further, visiting long and complex. The protocol of Generally, the preconditions for practice lawyers may not maintain a trust 1994 (signed by most Law Societies of in another jurisdiction in Western account in the host jurisdiction. Canada) was a difficult document and Canada without a permit are as follows: Saskatchewan Rules 200 – 209 was in fact not implemented in most (a) the maintenance of professional (recently circulated) govern jurisdictions. In the winter of 2000, the liability insurance applicable to interjurisdictional practice in this Western Law Societies decided to do a practice in the host jurisdiction; province. Members wishing to practice review of the philosophy behind the (b) the maintenance of defalcation in Manitoba, Alberta or British easing of restrictions on coverage applicable to practice in Columbia on a temporary basis should interjurisdictional practice and on the the host jurisdiction; be familiar with the rules of those implementation scheme contained in (c) the absence of any current criminal Provinces. They may be found at the protocol. All were agreed that or discipline pro-ceedings; www.lawsociety.bc.ca; lawyers could be, and in fact, were (d) the absence of any criminal or www.lawsocietyalberta.com; and trusted to practice within their spheres discipline record; www.lawsociety.mb.ca. It should be of knowledge and competence. (e) the absence of any current practice noted that the 6 month rule is at Why then have rules which, for conditions; and present only applicable in the West. example, impose requirements such as (f) in Saskatchewan, a visiting lawyer the hiring of local counsel in areas that is required to notify the Law E. M. CULLITON SCHOLARSHIP The E. M. Culliton Scholarship has been awarded to Ms Rae Mitten, a recent graduate of the College of Law of the University of Saskatchewan, and Mr. Matthew Lewans, a lawyer who practices with Scharfstein Gibbings Walen & Fisher in Saskatoon. Ms. Mitten’s academic endeavour is an LL.M. at the College of Law, University of Saskatchewan. Her thesis project will be fetal alcohol conditions and their implication on the criminal justice system.. Mr. Lewans has accepted an offer as a Bachelor of Civil Law student at the University of Oxford. His thesis project will be research of “Justice, Crime and the Penal System”. The E. M. Culliton Scholarship Endowment was established in the name of the former Chief Justice of Saskatchewan in 1981 and is awarded to graduates of the College of Law of the University of Saskatchewan or to practicing members of the Law Society of Saskatchewan for the pursuit of graduate studies in criminal law at a recognized institution. The recipient of the scholarship is selected on the basis of exceptional academic record, research potential and on the basis of exceptional service to the practice of law in the Province of Saskatchewan.

Queens’ Counsel Queen’s Counsel appointments are made by the Cabinet with the judiciary, the Law Society and the Canadian Bar Association providing input. In the fall, the Benchers will be considering eligible members whose names may be put forward to the joint committee which will, in turn, present a restricted list of recommended lawyers to the Minister of Justice, the Honourable Chris Axworthy, Q.C. Members are invited to submit to the Law Society the names of lawyers whose recognized legal ability, service to the profession and to the public in Saskatchewan, warrant their consideration to the joint committee. 74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 6

Court of Appeal Sentencing Digest

Criminal practitioners will be Through years of developing and get a clearer understanding of interested in the new database being refining the Sentencing Digest, a searching successfully. Fields for the launched by the Library in September format was created which is ideal for a age and sex of the accused were added 2001. The Library has been working database. The Library has taken that to make combining these concepts in in cooperation with the Saskatchewan format and placed it into a database a search much easier for the user. Court of Appeal, on converting the that uses the same search commands When written reasons are issued, the Court of Appeal Sentencing Digest as the other databases on the Law record will link to a full-text copy of into a fully searchable database. The Society’s web site. the judgment in a printable format. new database will appear in the In creating the database, the (Adobe Acrobat is required) Judges’ section and Members’ section Library has added a few fields to make The database is being launched of the web site. searching easier and has standardized with data dating back to 1999. The The Sentencing Digest originated some terms that may have alternate Library will continue to add the new in 1982 with a request by the Chief spellings. The same preferred spelling digests as they are received from the Justice to issue a new service for the of terms used in our DIGEST database Court, while working backwards in Court of Appeal. A unique service to are used in the Sentencing Digest time to provide more depth for Canadian legal literature, the database. For example, the drug research. Full implementation back Sentencing Digest contains digests of “marijuana” in our digests is spelled to 1982 is estimated at taking about all sentencing appeals before the with a “j” and not an “h”. one year. Launch date of the database Saskatchewan Court of Appeal, “Marihuana” is the spelling used in is scheduled for September 26, 2001. whether or not there are written the federal legislation but in common I would like to thank Marlene reasons issued. Shirley Hurnard, the law cases, “marijuana” has been used Rodie, Shirley Hurnard, Donna librarian for the Court of Appeal, more frequently. Every time the term Daniels, Ann Marie Melvey, and began writing the Sentencing Digest "marijuana" is used in any digest field, Chief Justice Bayda of the Court of in 1982. She continued writing the the “j” is used. However, if Appeal for their cooperation in digests until her retirement in 2000. "marihuana" forms part of a proper allowing us to provide another The new librarian, Ann Marie name of a federal regulation, it will research database for the judiciary and Melvey, has taken over the job of appear using the “h”, as it is a title and for our members. synthesizing the activity of the Court should not be changed. Consult the Susan Baer of Appeal in their sentencing appeals. online help section for the database to

Criminal Code Bulk Purchase Program

The Library began a bulk purchase a larger discount if we have more than you are interested in being included program for Martin’s Criminal Code for 100 codes on our standing order. At in the bulk purchasing program. We our members. The Library is targeting this writing, orders have been placed will contact you to confirm your small firms and sole practitioners, so for 2002 Codes. Martin’s Criminal request. In June before the Codes are that they will be able to take Code is usually issued in late August issued, we will contact the publisher advantage of bulk buying and of each year. By press time, those to review the details of our bulk therefore they can save money. firms enrolled in the program should standing order and to cancel your Thank you to all who responded to be receiving their Codes. The savings standing order with them. Since the our flyer asking if members are per Code are expected to be about publisher issues occasional interested in the program. We have $10. The Library will issue an invoice supplements when changes to the received requests for approximately 66 and your firm will pay the Library. Code occur, you should not cancel codes from members across the You should not receive an invoice your standing order until June in province. from the publisher. order to continue to receive the We received more requests for If your firm would like to be supplements. The Library staff will be copies of Martin’s Criminal Code than included in the bulk purchasing in touch with you in June to confirm we did for Tremeear’s Criminal Code. program for next year, please use the your request for a standing order. The bulk purchase program will only form in the members’ section under Contact the Library in Regina at include requests for copies of Martin's "Criminal Code Bulk Program". Or, 569-8020 or 1-877-989-4999. Criminal Code. Members will receive phone the Library in Regina to say 74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 7

Legal Cites

By Peta Bates not work and it was simpler to type in the term. Searches can Traditional print legal directories are now augmented by also be made more specific by the addition of search criteria updated online versions which offer sophisticated searching such as law school attended, firm size and language spoken. techniques. Three Canadian and several international Search results may include practice areas, biographies, directories are reviewed in this column. memberships, live links to web sites and email and “rating information” about a lawyer’s legal ability and general-ethical Canadian Law List standards. http://www.canadianlawlist.com/ The Bar Directory (U.K.) Canada Law Book’s venerable index of lawyers, law firms, http://www.sweetandmaxwell.co.uk/bardirectory/website/ judges and government departments in Canada has been in print since 1855. The annual print publication is also Published by the General Council of the Bar and Sweet & available as a CD-ROM product but the most current format Maxwell this online directory is part of the printed official is the free online version on Canada Law Book’s web site directory of barristers and chambers in England and Wales. which is updated monthly. The “easy search” tab at the top of Search for barristers in independent practice by name, the page opens a search template for searching by first or last chambers name, practice area, town or language spoken. name, city or province. Other tabs on this page offer Legal 500 Series (International Centre for Commercial templates to search for law firms or government departments. Law) The enhanced search capabilities of the online product allow http://www.icclaw.com/ searches by area of practice, or, using the “advanced search” template, by postal code, telephone number or fax number. These guides recommend law firms involved in commercial The Help screens show how to search for initials or spelling legal practice in the United Kingdom, Europe, the Middle variations. Search results for lawyers who have paid for an East, Asia-Pacific and the United States. Editorial selection is enhanced listing include a live link to their email address and based on submissions from law firms, interviews with lawyers law firm web site. and recommendations from clients. Information for each country includes the legal market, the economic market, LEXPERT® recommended firms by area of practice, law firm directories http://www.lexpert.ca/ and web sites, a chart of major firms by size, billing practices The publisher, Silrun Information Services Inc., bills this and summaries of commercial law developments. Canadian legal expert directory as the “guide to the leading Martindale-Hubbell Lawyer Locator (U.S. and 500 lawyers in Canada”. These experts in various practice International) areas are selected by surveys of their peers and “informed users http://lawyers.martindale.com/Executable/Lawyer.php3 of legal services”. Each practice area contains a definition of the area and a summary of recent developments in the field The annual print Martindale-Hubbell Law Directory written by a practitioner. These summaries provide a useful published by Reed Elsevier is now 26 volumes and includes overview of the law and could be the most valuable part of entries for lawyers in 170 countries. The Lawyer Locator is this web site. The summaries are followed by an explanation the online equivalent of the print directory. Search criteria of how the expert practitioners were chosen and a brief include all those in the Canadian directory as well as the biography of each lawyer arranged geographically by region. ability to locate U.S. law faculty by the courses they teach. There is also an index of professional firms which gives a West Legal Directory (U.S. and International) summary of each firm’s practice and a link to their web site. The search engine for the web site is still under construction. http://directory.findlaw.com/ Martindale-Hubbell Lawyer Locator – Canada The West Legal Directory located on the FindLaw.com web site provides profiles of lawyers and law firms in the United http://www.martindale.com/php/canada/Lawyer.php3 States and other countries. Search for lawyers by name, The Martindale-Hubbell Lawyer Locator – Canada is a location or practice area. The “other searches” template looks subset of the larger international database. There are four for government or corporate lawyers or international counsel. search templates designed to search for individual lawyers, law The lawyer profiles include representative clients and cases, firms, corporate law departments and areas of practice. published works, honours and affiliations. Practice areas can be narrowed by using the “more specific terms” link to see a list of subfields but many of these links did 74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 8

Laprairie elected President of Federation

Maurice O. Laprairie, Q.C. of mobility of lawyers is in the interest “Freelaw” to CANLII when it Regina was elected as president of of the public and the profession.” begins operating this fall. the Federation of Law Societies of The western Law Societies have The Federation also operates the Canada at its annual meeting held agreed in principle to allow the National Criminal Law and Family in Saskatoon in August of this year. mobility of lawyers between those Law continuing legal education Laprairie is a senior partner at provinces for up to six months in programs which are widely MacPherson Leslie & Tyerman any one-year period. Ontario has recognized as the best in Canada. practising litigation out of their very recently passed rules allowing The Federation sponsored its first Regina office. He is a former members of every other Canadian continuing legal education program bencher (1994-00) and president of Law Society to practice in that in 1974 in Halifax on the topic of the Law Society of Saskatchewan province for up to 10 matters "Refresher Course on Criminal (1998, 1999). He is only the third totalling no more than 20 days in a Procedure." The National Criminal Saskatchewan lawyer to have been 12 month time period. The 10-20- Law Program has run continuously elected to this position. Mr. Justice 12 rule, as it has come to be known, on an annual basis since that time. G. H. M. Armstrong and Mr. Justice is currently in effect in the western The Federation's first National R. D. Laing are both former provinces. A slightly more Family Law Program was held in presidents. restrictive form of the 10-20-12 rule Toronto in 1978. In 1988 the The Federation is the umbrella is in effect in most other provinces. National Family Law Program was organization of all provincial and The Federation was responsible held in Montreal, beginning its territorial Law Societies in Canada. for forming and launching the regular cycle of alternate year It is currently composed of Canadian Legal Information programming. membership from 13 of the 14 Law Institute (CANLII). CANLII The Federation continually Societies in Canada. “The Law operates a website - canlii.org addresses a number of other issues Society of Nunavut was only whose ultimate goal is to provide all associated with the legal profession recently formed. We had a the statute and case law available in Canada including MDPs, GATS representative of that Law Society from all federal, provincial and and the WTO, copyright of legal attend our Saskatoon meeting and territorial levels free to all users of materials, legal aid, mobility and we hope to have them join the the internet. The website has only regulation of lawyers in Canada and Federation in the next short while” been operational on a start up basis internationally. In addition the said Laprairie. and last month alone it registered Federation makes representations to One of the Federation’s focuses several million hits. the federal government on this year will be the mobility of “The lawyers of Canada have legislation such as the proposed lawyers in Canada and in North been financing this project to date money laundering and anti-gang America. Laprairie commented, “ as they will be a prime user of it but legislation. Further, the Federation In the last few years there has been because it is a free service we have also becomes involved in tremendous change in this area, had tremendous co-operation and interventions before the courts as particularly in Western Canada. We support from every level of they have in the Lavallee case have gone from Law Societies who government in Canada” said (27852) and White case (28144) jealously guarded their provincial Laprairie. Laprairie made special which both deal with section 488.1 borders to the current broad minded mention of the Government of of the Criminal Code. (seizure of generation who recognise that Saskatchewan who recently agreed documents) to link its recently announced BENCHERS’ DIGEST

Published by: The Law Society of Saskatchewan 1100, 2500 Victoria Avenue Regina, Saskatchewan Canada S4P 3X2 Telephone (306) 569-8242 Fax (306) 352-2989 e-mail: [email protected]