Alumni Magazine Continuum

IS CANADA READY? (For the Next Financial Crisis)

WINTER 2019 In Conversation 60 Years of the Moving the Dial with Peter W. Hogg Osgoode Hall Law Journal on Access to Justice Winter 2019 CONTENTS

Features m In Brief 04 New OsgoodePD Teaching and Learning Space A beautiful renovation of Osgoode Professional Development’s downtown location takes 08 lifelong learning into the future. IS CANADA READY? 05 Hennick Medal for Rob Wildeboer The Executive Chairman and Co-Founder of Osgoode professors and alumni weigh in on the lessons learned Martinrea International Inc. is recognized for his from the 2008 financial crisis and whether Canada can weather exceptional leadership ability in motivating people another such upheaval. and moving organizations toward a vision.

06 Powered by Determination and Passion JD student Jeff Adams – a six-time Paralympian and six-time World Champion wheelchair racer – 15 is inducted into Canada’s Sports Hall of Fame. FOUR QUESTIONS FOR PETER W. HOGG Leading Research The government’s plan to use Section 33 of the Charter of Rights and Freedoms (the notwithstanding clause) to override a court decision about reducing the size of Toronto City Council 20 Moving the Dial on Access to Justice was not a silly thing to do, he says. Professor Trevor Farrow and fellow researchers at the Canadian Forum on Civil Justice are bringing Dean’s Alumni Reception research insights gained from their Cost of Justice in Canada (2011-2018) study to a new project now Join fellow alumni, faculty and friends in honouring underway in three African countries. our alumni for their contributions to the profession, 22 A Matter of Fairness 18 Professor Sean Rehaag’s follow-up study into Law School and legal community. inconsistencies in decision-making by Federal Court THE OSGOODE HALL LAW JOURNAL judges who rule on refugee claims shows that CELEBRATES 60 YEARS things have not yet improved. May 15, 2019 The top legal resource continues to shape scholarly debates in Convocation Hall, Osgoode Hall Canada and beyond, thanks to the commitment of faculty and 130 Queen Street West, Toronto some very bright student editors. 6:00pm - 7:30pm Free

Please RSVP online by May 8, 2019: osgoode.yorku.ca/rsvp Osgoode Hall Law School of 01 Winter 2019 Continuum Greetings

Osgoode Hall Law School Alumni Magazine – Volume 43

EDITOR I hope it (this issue) will CONTENTS Anita Herrmann make you feel proud to be Director, Office of External Relations & Communications an Osgoode graduate. 416-736-5364 [email protected] DEAN’S CONTRIBUTING EDITOR Faculty Focus Virginia Corner ” Communications Manager 24 New Faces at Osgoode WRITERS Five talented new faculty members with expertise in Suzanne Bowness Meghan Carrington MESSAGE a wide range of areas of law joined Osgoode in 2018. Bev Cline Mary Condon Virginia Corner Farewell to Firebrand Alan Young 25 Anita Herrmann NOT LONG AGO I MET SOME FORMER STUDENTS WHO TOLD ME HOW MUCH During his 32-year teaching career, the Co-Founder Christine Ward they appreciated the securities regulation course they had taken at and Director of Osgoode’s Innocence Project also k PHOTOGRAPHY Osgoode a few years before. None of them had contemplated when they maintained a small law practice, bringing Jacklyn Atlas first arrived at law school just how much they would enjoy learning about constitutional challenges to our gambling, Ian Crysler securities law. Now practising lawyers in the complex and fast-paced world obscenity, bawdy-house and drug laws and winning Stephanie Kretzschmer of securities litigation, M&A deals and regulatory legal counsel, they are recognition as one of Canada’s top lawyers. New Paramount Studios Simon Remark Photography the next generation of securities law experts who are making Canada a Ashlea Wessel better place to do business. 26 Lisa Philipps has Prominent New Position at York DESIGN In this issue of Continuum, we talk to a group of Osgoode professors After serving as York’s Interim Provost and Hambly & Woolley Inc. and alumni who are widely recognized for their securities law and financial Vice-President Academic since May of 2017, the system expertise. We ask for their thoughts on the lessons learned from PRINTING Osgoode tax law professor was appointed St. Joseph Communications the global financial crisis that began in 2007 and the subsequent Canadian Provost and VP Academic for a five-year term that economic downturn of 2008-09. Their observations on Canada’s financial Continuum is published once a year by Osgoode will run until June 30, 2022. future suggest there is room for cautious optimism. Hall Law School of York University for alumni and friends. Ideas and opinions expressed in Continuum We also sit down with Peter W. Hogg, Canada’s foremost constitutional do not neccessarily reflect those of the editors, law expert, to discuss Section 33 of the Charter of Rights and Freedoms, Osgoode Hall Law School or York University. We commonly known as the notwithstanding clause. The former Osgoode invite your letters and comments, and hope you Professor and Dean who is now Scholar in Residence at Blake, Cassels will keep us posted on where you are and what 28 In Memoriam you are doing. Please send correspondence to: & Graydon LLP admits to feeling “a little bit of sympathy” for Ontario Premier Doug Ford who intended to use the notwithstanding clause to CONTINUUM override a court decision about reducing the size of Toronto City Council. Office of External Relations 29 Class Notes Professors Trevor Farrow and Sean Rehaag reflect on their current

& Communications Photo: Ian Crysler Ignat Kaneff Building research studies on access to justice and refugee claim decision-making, Osgoode Hall Law School respectively. And we celebrate the 60th anniversary of the Osgoode Hall 32 Last Look York University Law Journal, a critical-thinking voice of legal scholarship that has been 4700 Keele Street described as “one of the most respected and influential peer-reviewed Toronto, ON M3J 1P3 Telephone: 416-736-5638 general law journals in the world.” Fax: 416-736-5629 So take some time to read this informative and wide-ranging issue. I E-mail: [email protected] hope it will make you feel proud to be an Osgoode graduate. Website: osgoode.yorku.ca/alumni

Osgoode Hall youtube.com/ facebook.com/ @OsgoodeNews Law School OsgoodeHall osgoode Alumni Group LawSchool

Mary Condon Dean (Interim)

02 Continuum — Winter 2019 Osgoode Hall Law School of York University 03 News from Near and Far IN BRIEF

1. OsgoodePD renovations included a New OsgoodePD multimedia studio, common space, break-out rooms, and technology and Teaching and equipment upgrades. 2 Photos: Stephanie Kretzschmer Learning Space 2. The Jay and Barbara Hennick Centre for Business and Law honoured Rob IN THE SUMMER OF 2018, OSGOODE Hennick Medal Wildeboer LLB/MBA ’85 for career Professional Development (OsgoodePD) achievement. undertook a full renovation of its Photo: Simon Remark Photography downtown Toronto teaching facility on for Rob Wildeboer the 26th floor of 1 Dundas Street at Yonge Street. The vision was to create ROB WILDEBOER LLB/MBA ’85, EXECUTIVE an inspiring and flexible teaching and Chairman and Co-Founder of Martinrea learning space to take Osgoode’s International Inc., received the lifelong learning into the future. The Hennick Medal for Career Achievement changes include a multimedia studio, on October 3. a spectacular common space for “The Hennick Medal recognizes instructors and students, break-out Rob’s outstanding contributions as a rooms, and technology and equipment lawyer, business person and community upgrades throughout. leader, particularly his exceptional leadership ability in motivating people and moving organizations toward a 1 vision,” said Edward J. Waitzer, Director of the Hennick Centre. Awarded annually by the Jay and Barbara Hennick Centre for Business and Law – a joint initiative of Osgoode and Schulich School of Business – the Hennick Medal honours a business and law graduate who has earned widespread recognition in the business and legal communities. At Martinrea International Inc., a global auto parts supplier specializing in automotive fluid systems and metal forming products, Wildeboer oversees 15,000 employees at 44 divisions in the United States, Canada, Mexico, Brazil, Europe and China. He is also a founding partner of Wildeboer Dellelce LLP, and now serves as its Counsel.

04 Continuum — Winter 2019 Osgoode Hall Law School of York University 05 News from Near and Far

Design Data Process / Business IN BRIEF Powered by Thinking Analytics Technology Project Mgmt Tools Fine Fellows Determination OSGOODE WELCOMED AN EMERGING legal scholar, a veteran trial lawyer, an and Passion acclaimed artist, and a pair of documentary filmmakers as Fellows for the 2018-19 JD STUDENT JEFF ADAMS – A SIX-TIME academic year. Paralympian and six-time World Champion wheelchair racer – was one of eight athletes inducted into Canada’s Sports Hall of Fame in the fall of 2018. Between 1988 and 2008, Adams competed in six consecutive Paralympic 1. Games, capturing an outstanding total Sports Hall of Fame inductee of 13 medals. Jeff Adams is on the road to a Adams was an infant when he under- law degree just like his grandfather went radiation therapy to treat cancer and his brother before him. Joanna Vieira Noronha Photo: Ashlea Wessel that saved his life, but permanently Catalyst Fellow damaged his spinal cord. He started using 2. a wheelchair at the age of nine. Pernille Ironside ’99 was recognized Legal for her humanitarian work with a He put his love for sport not only 2018 Bryden Alumni Award. into conquering the international Knowledge 2 and Skills Photo: Jacklyn Atlas wheelchair racing circuit, but into 3 advocating for accessibility and lending 3. support to organizations that promote R. Amani Smathers discussed the idea of skills development for today’s equality for people with disabilities. lawyers in “The 21st Century T-Shaped He has served as Chair of the Humanitarian A Bigger Toolbox for a Lawyer,” which was published in the Accessibility Committee for the Toronto July/August 2014 ABA Law Practice 2008 Olympic Bid Committee as well as Worker Honoured Changing Legal World Jonathan Rosenthal ’87 Magazine’s Big Ideas issue. Chair of the Ontarians with Disability McMurtry Visiting Clinical Fellow Advisory Council, and has worked diligent- PERNILLE IRONSIDE ’99 IS ONE OF THE OSGOODE IS EXCITED TO BE THE FIRST Toronto in November. “IFLP is teaching ly to improve public support for what recipients of a 2018 Bryden Alumni Award Canadian law school to be involved with skills in legal services delivery that haven’t Canadian Paralympic athletes are capable celebrating outstanding York University the Institute for the Future of Law Practice traditionally been taught by law schools of achieving at elite levels of competition. alumni who have achieved the (IFLP), a non-profit organization that is and are rapidly becoming essential.” A successful business person who extraordinary and made remarkable helping law schools and legal services In 2018, five law schools – including founded two medical device engineering contributions in their fields, communities employers come together to provide Osgoode – offered the IFLP program to companies, Adams decided to pursue a and to the University. Other winners are: tomorrow’s lawyers with the knowledge students. A total of 43 law students – five lifelong dream of a career in law. He follows Paul Sanberg (BSc ’76); Cheryl and and skills to meet the new requirements from Osgoode – participated in multi-week in the footsteps of his grandfather, Finbar Rob McEwen (MBA ’78, LLD ’05); and of modern legal practice. training boot camps to learn foundation- (Rory) Egan, who graduated from Osgoode Jamil Jivani (BA ’10), a former visiting IFLP, which grew out of the Tech al skills in the business of law, project Anique Jordan in 1945, and his brother Kevin Adams, a professor at Osgoode. Lawyer Accelerator program at the management, process optimization, legal Artist in Residence partner at Rogers Partners in Toronto. Ironside has been working for the University of Colorado Law School, is technologies, and data analytics. United Nations for the past 18 years built on the premise that in today’s The boot camps were followed by protecting children and delivering changing, complex world legal profes- paid summer internships for all of the humanitarian assistance to the most sionals must complement their traditional students, with the Osgoode contingent vulnerable in countries as diverse as Iraq, legal skills with a breadth of knowledge finding employment at Osler, Hoskin & State of Palestine (Gaza), Yemen, the across disciplines. Harcourt LLP, Bennett Jones LLP, Kira Philippines, Pakistan, Nepal, “Capitalizing on new ways of thinking Systems Inc., Blake, Cassels & Graydon South Sudan, and the Democratic and preparing the next cohort of lawyers LLP and McCarthy Tétrault LLP. Found- Republic of Congo, for which she has to meet a changing legal world is criti- ing sponsors of IFLP are Chapman and received numerous commendations. cally important,” said Victoria Watkins, Cutler LLP, Cisco, Elevate and Quislex. Allie Caldwell and Jalana Lewis She currently serves as UNICEF’s Deputy Assistant Dean and Executive Director of In 2019, 18 law schools will participate Fund for Innovation in Law and Media Representative in Nigeria. Osgoode Professional Development, which in IFLP’s boot camp and internship (FILM) Fellows

1 hosted the launch of the 2019 IFLP program program. See the list of partner schools at its newly renovated space in downtown here: futurelawpractice.org/law-schools

06 Continuum — Winter 2019 Osgoode Hall Law School of York University 07 IS CANADA READY? — by Christine Ward

Ten years after the collapse of Lehman Brothers, Osgoode’s researchers and alumni are helping prepare Canada for the next financial crisis.

08 Continuum — Winter 2019 Osgoode Hall Law School of York University 09 IS CANADA READY?

A New, Modern The mood around the table was tense. It was fall 2008 Financial Regulator Simultaneous with the proposed creation and the Board of Trustees of the York University of the CMRA, a board that includes Larry Ritchie ’86 is preparing for the launch of another financial regulator. Starting this Pension Fund had just called an emergency meeting spring, the Financial Services Regulatory Authority of Ontario (FSRA) will regulate to discuss the impact of the financial crisis. the province’s non-capital markets, includ- ing financial services such as life and auto insurance products, mortgage brokers, pensions and credit unions. It replaces the Financial Services Commission of Ontario (FSCO), which Ritchie describes as having “an antiquated governance model with insufficient authorities.” “The FSRA will include a more robust

Mary Condon governance model akin to most public corporations,” he explains. There will Mind the Financial between the systems have become less be an independent Board of Directors, a System Gap defined. Banks established or bought transparent cost-recovery fee structure securities firms and began to sell mutual and the FSRA “will have a specific man- “On the one hand, 2008 wasn’t a huge funds, stocks, even insurance to their date to protect the rights and interests of disaster for us. Canada’s banking system clients. Insurance companies expanded consumers while also fostering a strong, held its course and none needed to be their portfolios to include other financial sustainable, competitive and innovative bailed out,” reflects Dean (Interim) assets as well. The financial marketplace financial services sector.” Mary Condon. “But we also don’t know has converged in ways we have never Among many benefits, Ritchie, a where the next crisis will come from. If before seen, but “that convergence hasn’t Partner (Litigation) at Osler, Hoskin & it requires quick sharing of information been matched by a convergence in the Harcourt LLP, says that will mean greater and concerted action on behalf of a regulatory systems overseeing each asset cooperation and collaboration with other number of financial regulators, we might type,” says Condon. regulators, including the CMRA and the find ourselves in trouble.” The gaps, duplications and contradictions OSC – a step he says is key to preparing An expert in securities law and between the systems, she fears, have the Canada for potential instabilities. the former Vice-Chair of the Ontario potential to leave consumers vulnerable. “The FSRA isn’t a direct response Securities Commission (OSC), she points It’s one of the reasons why she agreed to the 2008 financial crisis, but it is a to some pretty substantial gaps between to serve as a board member of the Capital response to the need for modern regulators to have the tools in place to “IT WAS A STRESSFUL TIME,” RECALLS MARY CONDON, the federal and provincial regulators that Markets Authority Implementation collaborate, identify risks and respond a former pension fund board member who is now Interim oversee the various aspects of Canada’s Organization, to be renamed the Capital k to them as they arise. We’ll be nimbler, Dean of Osgoode. “York employees’ pensions were at stake.” financial sector. Markets Regulatory Authority (CMRA), more responsive and more reflective of York’s Board of Trustees wasn’t alone. In September 2008, At the present time, the federal after a recent Supreme Court ruling the needs of consumers.” similar scenes played out in countless boardrooms across the government is responsible for supervising opened the door for Ottawa and the country and around the world after Lehman Brothers, the all banks and federally incorporated provinces to establish a co-operative fourth largest investment bank in the United States, filed for insurance, trust and loan companies. securities regulator. By replacing the bankruptcy protection. By the time the dust settled, 25,000 Each provincial government oversees patchwork of provincial and territorial Lehman employees had lost their jobs and more than US$600 securities dealers, mutual fund and securities regulators with more systemat- billion in assets was wiped out, making it the largest bank- investment advisors, credit unions, ic oversight of capital markets, the CMRA ruptcy in the history of the world. The massive individual and and provincially incorporated trust, aims to streamline the system, eliminat- corporate losses triggered a crisis of confidence in the global loan and insurance companies. ing duplication, reducing red tape and banking system that sent just about every developed country – Condon explains: “Over the course ensuring consistent enforcement and Canada included – spiralling into a recession. of the 20th century, the idea emerged investor protection. But that was 10 years ago. The world has changed and that different aspects of the financial Is Canada ready? “Almost,” says Canada now has the financial stability and regulations in place system should be regulated separately, Condon. “Thanks to the green light from the to weather another financial crisis. that banking is different from trading in Supreme Court, we have the opportunity to Or does it? A handful of Osgoode professors and alumni stocks or securities and different again modernize our system for managing risk and weigh in with their thoughts on the lessons learned from 2008 from the provision of insurance.” protecting investors from negative develop- With time, however, the differences ments in the financial services sector.” and what Canada’s financial future might hold. Larry Ritchie

10 Continuum — Winter 2019 Osgoode Hall Law School of York University 11 IS CANADA READY? Putting Clients’ Interests First Laws to protect retail investors are also the focus of research led by Professor Poonam Puri, an expert in corporate governance and securities regulation. In her book Back from the Brink: Lessons from the Canadian Asset-Backed Commercial Paper Crisis, Puri and her co-authors detail another near-crisis involving Canada’s $32 billion non-bank asset-backed commercial paper market (ABCP) and a long list of vulnerable retail investors who had no idea what they were holding. Although big, powerful asset holders swiftly intervened in 2008 to pull the market back from the brink of collapse, the near-miss prompted securities regula- Canada’s Enforcement good thing, but it needs to be regulated tors to create new rules around disclosure Puri Poonam Capacity Needs Work and enforced,” she says. This is especially when selling this type of commercial important given the fact that non-bank paper. A spotlight was also cast on and territorial securities regulators, Professor Stephanie Ben-Ishai ’00 is consumers are largely millennials who advisors’ obligations to their clients. invited comments on a new proposal that leading research into another potential often don’t have the savings or credit “Many retail investors said that their stipulates investment advisors must put Data Science an today given the complexity of the financial crack in the system that first caught the scores to obtain mortgages from tradition- brokers had told them that this paper their client’s interests first when making Important Focus markets and Canada’s multiple regulators. attention of academics, economists and al banks. was like a GIC or a T-bill with a higher investment recommendations. Says Vingoe: “We’re still in the early regulators in 2017. That’s when serious Ben-Ishai is calling for an overhaul return,” says Puri. “In fact, it was so much Puri likes what she sees, but she isn’t Grant Vingoe ’81 is playing a key role in days of data science applied to securities allegations rocked non-bank financial of Canada’s regulatory framework for riskier and so much more complicated.” convinced the proposal goes quite far enough. analyzing the causes of the global regulation, including collecting informa- institution Home Capital, causing shares non-bank financial institutions to better The sale of ABCP to retail investors “We need a more robust legal duty to financial crisis and mitigating investor tion and processing it using traditional in the company to plummet almost 65 per protect consumers. She hopes to use the raised a critical question: What sort of due ensure that advisors adequately protect risk as Vice-Chair of the Ontario computing methods and AI. Our biggest cent. At the time, Home Capital held a Home Capital case as a launch pad “to diligence processes and controls were in their clients and we need to ensure that Securities Commission, a role he has challenge is time. If we have the tools big chunk of Canada’s mortgage market – figure out what could be learned and place at the dealer firms to allow this to regulators dedicate resources to ensuring held since 2015. The OSC is a member better developed before the next crisis about $12 billion. Media reports predicted how we could reduce the fragmentation happen? “It appears not much,” answers compliance.” If anything, she says, the of the International Organization of unfolds, we might be able to address the company’s downturn would trigger among regulatory bodies.” Puri. “The lesson from the Canadian ABCP problem of lack of suitability is becoming Securities Commissions, which, since problems on more of a real-time basis, the next big financial crisis. Fortunate- crisis is that our current ‘know your client’ more rampant. “Retail investors contin- 2008, has promoted changes aimed at whether at the systemic level or to address ly, an eleventh hour investment staved and suitability rules don’t go far enough.” ue to invest their hard-earned savings increasing transparency and mandating wrongdoing affecting individual investors.” off the disaster. (In December, Warren In 2018, the Canadian Securities with the expectation that their advisors data collection to give securities regula- Buffet’s company Berkshire Hathaway Administrators, which includes repre- and Canada’s regulatory framework will tors around the world a clearer picture – Home Capital’s lender of last resort in sentatives from each of the 13 provincial protect them.” of what’s going on in the marketplace. 2017 – announced that it had sold most of While pursuing this agenda globally, its stake in the company. Home Capital the OSC has joined with other Canadian CEO Yousry Bissada assured investors “We need a more robust legal duty securities regulators to propose a major that the company has returned to profit- overhaul of conduct rules for advisors. ability and is ready to stand on its own.) to ensure that advisors adequately Working together, they are aiming to “Non-bank financial institutions significantly expand protections for conduct business in Canada with far less protect their clients and we need retail investors. oversight relative to their bank counter- “So much wealth was destroyed in parts,” says Ben-Ishai, who compared the to ensure that regulators dedicate the fallout from the crisis,” Vingoe regulations governing non-banks through explains, “that we felt the need to the Financial Consumer Agency of Can- resources to ensuring compliance.” improve elements of the relationship ada (FCAC) to the Consumer Financial between the retail investor and advisor Protection Bureau (CFPB) in the United in order to help protect the investor’s States. Among many findings, she uncov- Grant Vingoe financial well being, including their ered significant discrepancies in enforce- retirement security.” ment capacity. The FCAC can only level One area of focus involves developing fines up to $500,000, for example. The a series of tools to pinpoint risk points – CFPB maximum is $500 billion.

something that’s a particular challenge “The democratization of credit is a Stephanie Ben-Ishai

12 Continuum — Winter 2019 Osgoode Hall Law School of York University 13 IS CANADA READY?

Four Questions for Peter W.

Helping Investors Who lawyer to help them sort out the problem. About half of the 40 intake interviews Fell Through the Cracks conducted in the clinic’s first year of That’s exactly what Bryan Gerrard (not his operation involved individuals who were Hogg real name) thought when he transferred all invested in products that were inappro- his savings from a bank to a registered in- priate for their age and goals – including vestment advisor at a big-name firm in 2010. Gerrard, who ended up getting about “He told me I’d been investing in all $33,000 of his investments back with help Continuum’s spoke to the Canadian the wrong things. He felt silver would from the clinic’s students and lawyers. Virginia Corner quadruple in value, so I invested there,” “We see a lot of files where advisors constitutional law authority about Section 33 of the the retired factory worker said of his have not respected the ‘know your client’ Charter of Rights and Freedoms, commonly known as advisor. “I assumed I had the backing of principle and where the investments are a big company.” simply not suitable for the client,” Puri the notwithstanding clause. Gerrard’s losses started almost right says. She predicts this issue will become away. Still, he hung on, trusting his advi- even more important as individuals are sor when he told him the market would expected to exercise greater personal correct and he’d make up everything he responsibility for their retirement savings, lost and then some. Five years later, when as the financial marketplace continues his nearly $400,000 portfolio bottomed to converge and as financial instruments out at $230,000, Gerrard fired his advisor grow ever more complicated. and returned to the bank. “Regulators have a big job ahead of It’s a story Puri hears all too often and them. They have to be constantly vigilant why she says there’s a growing need for of new products and emerging issues. The Osgoode’s Investor Protection Clinic, a big, sophisticated investors can protect clinical program she launched last year themselves, but retail investors, they’re with community partner FAIR Canada to the ones that need protection. That’s Christine Ward is Principal of help people who believe their investments where governments and regulators need Ward Development Communications

were mishandled and who can’t afford a to focus their energy going forward.” based in eastern Ontario. Photos: Ian Crysler

14 Continuum — Winter 2019 Osgoode Hall Law School of York University 15 Four Questions for Peter W. Hogg

02

It was the Ontario government’s intention 03 04 Q/A to use the notwithstanding clause to override a court decision about reducing What was the role of the Ontario Attorney Can we expect to see the size of Toronto City greater use of the Council. In your opinion, General when the Ford government moved to notwithstanding clause was that an ill-considered by governments in the 01 use of the override power? invoke the notwithstanding clause? Does the AG have a future and, if so, should constitutional responsibility we be happy or worried I HAVE A LITTLE BIT OF SYMPATHY FOR MR. about that? What is the value of having Ford because a judge (Justice Edward beyond that of a Cabinet the notwithstanding Belobaba) had held that reducing the Minister and, if so, what clause in the Charter? size of Toronto City Council would violate should that look like? THAT’S A GOOD QUESTION BECAUSE IF YOU knew nothing about Canadian Today, while he misses the students, the Charter of Rights. I don’t agree think of the politics in the United States constitutional law when I first Hogg – with the full support of Blakes – with that. I don’t think that it rises to environment, a government like the came to Canada as a visitor to the spends a good deal of time updating his book. WE THINK NOW OF THE CHARTER OF RIGHTS the level of a Charter issue at all. The I DON’T THINK THERE’S AN EASY ANSWER TO Republican Party headed by Trump would Osgoode Hall Law School,” says He also advises on constitutional and Freedoms as a wonderful thing. But Court of Appeal of Ontario held that that. I think the general impression in be happy to escape from the American Peter W. Hogg CC,QC, FRSC matters that come up in the course of the the premiers at the time (1981) were all it didn’t and that meant Mr. Ford could the legal profession at least is that the Bill of Rights. I who would go on to become the firm’s work, and is currently involved in opposed to the Charter. They were op- go ahead with his reduction in the size Attorney General does have some special I think it would be very unfortunate country’s foremost constitutional law a constitutional case with Blakes partner posed because they didn’t want judges of Toronto City Council without the responsibilities to uphold the rule of law if future governments made frequent use expert and the author of the definitive text Jeff Galway ’86 representing a ferry service interfering with what they could do. notwithstanding clause. and would certainly have to oppose of the notwithstanding clause, meaning book on the subject, Constitutional Law of that runs between Nova Scotia and So the notwithstanding clause was the I think if you looked at other munici- anything that was illegal. that they really weren’t willing to obey the Canada. It is the single most-cited book in Newfoundland that is being attacked on answer to that problem. Although Pierre palities in Ontario and around the But from what I’ve said so far, I Charter of Rights. decisions of the . the grounds that it is being subsidized by Trudeau said that he deeply regretted country, you’d find all kinds of different don’t think that reducing the size of City The Charter has become an extremely Hogg served on Osgoode’s full-time the Government of Canada. putting it in, he put it in for that reason. rules about the size of a city council. It Council is an issue that she (Ontario popular part of the Constitution. Even faculty from 1970 to 2003 – the last five Speaking of the Government of I came to the view that it’s not neces- doesn’t matter very much to you or me Attorney General Caroline Mulroney) Pierre Trudeau did not understand years as Dean – before accepting his Canada, Hogg was its lead counsel in the sarily a bad thing to have an escape from if we have 20 city councillors or 10 city needed to go to the wall on even if Justice how popular his Charter was until the current position as Scholar in Residence reference question to the Supreme Court the Charter of Rights. For example, the councillors or 30 city councillors. That’s Belobaba had been right. hearings of the committee that was at Blake, Cassels & Graydon LLP. of Canada regarding the constitutional language law in Quebec. The language something that reasonable people can The Attorney General has to support looking at his proposed Charter of Rights In his first year as a full-time professor, validity of same-sex marriage in Canada. law in Quebec was struck down by the disagree on, and I don’t think it ignites the government most of the time. What were televised. And when they were he spent the summer learning about The ruling, which threw out the old Supreme Court and it was re-enacted with any real human rights issues. an Attorney General can always do, of televised, it turned out there was a huge constitutional law so he could teach a class definition of marriage as being between the notwithstanding clause. Language is a So, while I hate to agree with anything course, is resign if their advice isn’t being wave of public support in favour of the in the fall. There were only two Canadian a man and a woman in favour of a new huge issue in Quebec – it’s not a big issue Doug Ford wanted to do, faced with the sought or is not being obeyed. Some of Charter of Rights. constitutional law case books at the time, definition of marriage as being between elsewhere in the country – and should decision that he couldn’t legislate the the media discussion was why doesn’t It’s very popular, and so it’s always and no text book. “I started writing these two persons, was announced in December they be able to have a sort of break, if size of Toronto City Council because of she resign? But my guess is she did not going to be unpopular to use the notes for students and I later realized this 2004. “That’s the case I’m most proud of you like, from the Charter of Rights on the Charter of Rights, his plan to use the see the government’s move to invoke the notwithstanding clause. Now the situa- could be a book,” he says. That was the because I think that really increased the language issues? I think the answer to notwithstanding clause was not a silly notwithstanding clause as a profound tion of language in Quebec is probably origin of his text book. sum of human happiness,” he says. that is, yes, they should. thing to do. human rights issue. an exceptional case.

16 Continuum — Winter 2019 Osgoode Hall Law School of York University 17 As soon as editors come onboard in in Canada and beyond and is cited regu- “with an author’s permission, the Journal first year, they are paired with an editor larly by the Supreme Court of Canada.” publishes unedited versions of accepted The Osgoode Hall mentor, says Executive Editor Ari He adds that the Journal’s editors are papers, meaning that the ‘idea’ is out there, Zuckerbrot. As such, in addition to the among the brightest JD students he has even if it may take some time before it Law Journal Celebrates academic rigor the position entails, had the pleasure to know. appears in its final published form.” editors benefit “from being part of a That the Journal is a top legal resource Looking ahead, in addition to the full- community of like-minded individuals worldwide is undisputed. Its readership length traditional academic articles, 60 Years who are interested in advancing intellec- map shows global downloads, with arti- students have suggested, and Priel agrees, tual discourse around the law in Canada.” cles accessed from places as far apart as “that publishing shorter, less formal Currently there are approximately 28 McMurdo Research Station in Antarctica pieces, more quickly, may be a valuable — by Bev Cline Senior Editors, nine of whom are on the and Hazen Camp, Nunavut. addition to the publication.” Executive Board, (upper-year JD students This kind of forward thinking reflects responsible for most of the editing, planning the OHLJ’s founding: the creation of hile it would be easy to ascribe the and management of the Journal). They a fresh, critical-thinking voice of legal W launch of the Osgoode Hall Law are assisted by some 25 Associate Editors Continues scholarship, in itself a reflection of Journal (OHLJ) in 1958 to an (first-year JD students who help with article Osgoode’s commitment to the same values. urgent need to fill a gap in legal schol- selection and technical editing). to Evolve arship, two of its founding editors, Earl Fundamental to the OHLJ’s success has Throughout the years, the Journal has Cherniak and Marshall “Mickey” Cohen, always been the commitment of faculty. continued to create new initiatives. (both of the Class of 1960), say otherwise. Current Editor-in-Chief, Professor Annually, says Bell, the Journal holds the Remembering a time when they Dan Priel, brings a wealth of experience JD Research Symposium where students attended class in a suit, jacket and tie to the Journal from both the student and present their research in front of an and many of their professors lectured in faculty perspective, as a former Co-Editor- audience and Osgoode professors read gowns, these distinguished lawyers recall in-Chief of the student-edited law journal their papers and critique their work. the OHLJ’s beginnings as humble: a way at Hebrew University Faculty of Law. Zuckerbrot says editors continuously for a small group of students who had “an look for new ways to disseminate knowl- academic itch” to write articles that might edge, including through special issues, see the light of day. Cherniak went on to workshop and conferences. In 2019, for E.A. Cherniak M.A. Cohen a counsel practice and taught part time at example, he says, “we’re partnering with Western Law for 19 years. Cohen’s career “One of the most respected Professor Karen Drake and the Osgoode took him down many paths but he credits and influential peer-reviewed Indigenous Students’ Association (OISA) that early experience as an important for a first-of-its-kind workshop on a Bev Cline is a Toronto-based freelance building block. general law journals in topic related to Indigenous rights and a writer, editor and book author. At the time, professors at Osgoode – the world special issue of the Journal stemming located on Queen Street in downtown from the conference.” Toronto – wrote articles, and students Priel says one problem that almost all studied. Yet when Cherniak, Cohen and academic publishing suffers from, for a For the top 10 downloads since the their fellow students brought the idea ” number of reasons, is how long it takes Journal went online, visit: of the Journal forward, some “fine and for an article to get published. Therefore, osgoode.yorku.ca/OHLJ_DC remarkable academics” agreed to help Expanded with the fledgling publication, including Professors Des Morton and Ronald Reach St. John MacDonald. While the Journal remained a print publi- Although there was a flurry of activity cation for decades, in 2015 it shifted from that first year, it was also a lot of fun, a subscription-based, print publication to remember Cherniak and Cohen. Yet both a fully digital, open-access resource on wondered if there would be enough the Osgoode Digital Commons platform, student interest to sustain the Journal. under the watch of Stepan Wood, a former Their concern has turned out to be Osgoode professor and OHLJ Editor-in-Chief unfounded, as the Journal has published (2011 to 2017). Wood, now Professor & continuously since its founding. Canada Research Chair in Law, Society In fact, 60 years on, becoming an and Sustainability at the University of editor on the Journal has become a British Columbia’s Peter A. Allard School sought-after position: in 2018, more than of Law, says the Journal “is one of the most 120 students applied to become an editor. respected and influential peer-reviewed Current Managing Editor, Hana Bell, says general law journals in the world.” the applicants represent a diverse group Wood, who counts being editor-in- with a wide cross-section of backgrounds, chief as among his most stimulating and who “bring new ideas to the table and fulfilling experiences as a law professor, Osgoode Hall Law Journal student editors

new analysis to our articles.” Photo: Ian Crysler says the OHLJ “shapes scholarly debates

18 Continuum — Winter 2019 Osgoode Hall Law School of York University 19 In Praise of Great Scholars

LEADING Equality RESEARCH HappinessEducation THE GOOD LIFE What has been missing is specific Moving the data designed to help governments, Dial on Access ministries and policy-makers better understand and make the case for SeSicurityt Foodd to Justice improved access to justice. — by Virginia Corner Housing

rofessor Trevor Farrow and fellow researchers at the Farrow says access to justice is being looked at from the perspective to provide their support and research insights gained from the Virginia Corner is Osgoode’s P Canadian Forum on Civil Justice (CFCJ), a national of the user – the public – rather than the provider. “If you look at it Canadian study to a three-year project now underway in Kenya, Communications Manager. non-profit organization affiliated with Osgoode Hall Law from the perspective of the user, what people really want are things Sierra Leone and South Africa called the Community-Based School, have a tall order. like a roof over their head, safe places to live and work, food on their Justice Research (CBJR) project. “Essentially, when thinking about access to justice, it’s really table, and equal opportunities for their kids. If and when they do A special feature of the CBJR study is that it focuses about helping people to get better access to the good life,” have legal problems, they want to understand and resolve those primarily on sites of community-based justice (think regional Farrow says of the research studies he and others have been con- problems in a meaningful and efficient way.” paralegal clinics or social workers consulting with women’s ducting into access to justice as well as the costs of justice. One only needs to look at the huge increase in the number groups) rather than formal sites of justice such as state-run “A society with accessible justice is one where more people of self-represented litigants in our courts to see that Canada’s courts. understand how to navigate relationships and avoid legal current justice system is challenging if not inaccessible for the The African study – like the Canadian study – is designed to problems. And when problems do arise, they have a good sense majority of people who are using it, Farrow says. look at the sites where people most experience justice problems of how to address them, and ultimately how to maximize their What’s more, the economic and social costs of not deliver- and where they might most usefully address them. access to a better standard of living.” ing good access to justice are deeply concerning, he says. “I’m “I suspect that there will be important lessons to learn from Neither of those terms – access to justice and the costs of talking about stress, negative impacts on health and family our African partners that, although from a different context, justice – are well understood by most Canadians or citizens relationships, trickle down effects such as lost employment, may well resonate for us in terms of our thinking in Canada elsewhere, according to Farrow. There has been relatively little violence at home, and then, of course, an increased use of social about how we can learn from others and how we may want to data on either subject, especially compared with other issues services such as unemployment assistance and social assistance. reform our own thinking,” Farrow says. such as access to education or health care. The CFCJ Cost of We even know that there’s an impact on housing as a result of All of this is happening amidst a growing international Justice in Canada (2011-2018) study was designed to focus not having adequate access to justice.” conversation about access to justice and the costs of justice, directly on this research gap. The CFCJ Cost of Justice study was the first major national Farrow notes. The United Nations has, for the first time, In the past five to 10 years, Farrow says there has been a study to quantify the economic and social costs of inaccessible identified access to justice as a specific development target significant shift in thinking about how access to justice is justice. It caught the attention of various organizations including for the international community. defined. “We used to, and sometimes still do, think of access the Organisation for Economic Co-Operation and Development “Internationally, we’re seeing an increased awareness to justice primarily from a procedural perspective: Are (OECD) in Paris, the International Development Research that access to justice is an important factor in the equitable and we giving people good access to courts? Are we giving people Centre (IDRC), a Crown corporation that supports development sustainable development of societies, and what we’ve been access to lawyers? Do they have access to legal information research, and the Open Society Foundation, an international missing is specific data designed to help governments, and legal advice?” donor organization. ministries and policy-makers better understand and make the

Professor Trevor Farrow Professor Trevor Those are all important questions. Increasingly, however, That lead to an invitation to Farrow and his CFCJ colleagues case for improved access to justice.”

20 Continuum — Winter 2019 Osgoode Hall Law School of York University 21 22

Professor Sean Rehagg Continuum —Winter 2019 Communications. Codeword writer and editor, and Principal of Suzanne Bowness aToronto-based is — by Suzanne Bowness Fairness of Matter A In Praise of Great Scholars LEADING RESEARCH LEADING

L jectively think the applicant has met the test, and instead ask, ask, instead and test, met the has applicant the think jectively sub they whether themselves asking stop judges that “I suggest leave. deciding when predispositions own their from distance steps. decidejudge both asingle stage), having or at amerit and at aleave stage twice, have to face judgment applicants (currently step to one process the streamlining include recommendations His judiciary. the within enacted be could changes –other law –aslow process to immigration changes require could consistent more decisions Rehaag. is,” explains decision-maker the who law, the on not and facts the on to turn supposed are processes legal in outcomes because problems, fairness raises that so and case, the hearing was judge which on depending dramatically claims. refugee on rule who es judg Federal by Court decision-making in inconsistencies found that ago five years study research first to his study a follow-up completed He recently to keep pursuing. passion the has clearly Rehaag. Sean Professor says even or killed,” persecuted be tortured, they’re to where going countries back to definition on refugee claims. Federal judges Court who rule decision-making by in inconsistencies finds still professor study, research publicized Five years after his first well- Another recommendation would be that judges try to gain to gain try judges that be would recommendation Another to making solution of the part while that says Rehaag really varied rates success that found (second)study “The have yet not improved. things Unfortunately, update? The he something and for Rehaag territory familiar is topic The we can potentially send people who meet the refugee refugee the meet who people send potentially we can wrong, decisions we get these “If high. are stakes the ing, decision-mak claim et’s to refugee it when comes face it,

- - -

Reuters / Christinne Muschi “I was pleased by the response to the first study.There were first to the response the by pleased “I was solutions. on working and results his to hearing openness court’s the he’s with impressed been throughout that says Rehaag high. so are stakes the when justified is says Rehaag something Appeal, of Court the to Federal case the take to certification grant frequently more could judges process ofthe step second the in that is he recommends change Afurther transparency. orderin to enhance reasons issue be to could modification another so process, the of step first at the decisions for their leave,’” grant Rehaag. says Ishould then would, ofmy colleagues any if And case? arguable made areasonably has applicant the that persuaded be ofmy colleagues any ‘Would Even though the follow-up study revealed few changes, few changes, revealed study follow-up the Even though justification any to provide required not are judges Currently the questions that you start to think about are different,” he says. says. different,” he are about to think you start that questions the sets, data large to very access with because going, is scholarship some legal where of reflective it is “I think action. law in the to study ofdecisions number at alarge to look researchers allows It’s that he says approach it an manually). doing law students adozen he had (previously consideration under data the code to program acomputer he used that is study Rehaag’s second independence. judicial respecting still while addressed be can variations how the on discussions internal initiated has and study, first the to discuss to Ottawa him invited court the that adding itself,” Rehaag, says Federal Court the interest at some generated study the significantly most but interest, We media generated some for reforms. calls public In addition to his findings, another notable aspect of aspect notable another findings, to his addition In Osgoode Hall York Law of School University 23 Recognizing Those Who Have Won Awards or Other Honours New Faces at Osgoode

OSGOODE’S CLASSROOMS ARE ALIVE WITH the voices of five new faculty members who joined the Law School in 2018. Best in his Field FACULTY Fay Faraday, BA (Hons) (Toronto), MA (Toronto), JD ’93 Gold Medalist (Osgoode), is a labour, human rights and constitutional Professor David Vaver, one of the world’s lawyer with an interest in a wide range of preeminent scholars of intellectual issues relating to equality and fundamental property law, has been elected a Fellow of FOCUS freedoms under the Charter of Rights and the Royal Society of Canada (RSC). Freedoms. The fellowship of the RSC comprises more than 2,000 Canadian scholars, artists Jennifer Nedelsky, BA (Rochester), MA and scientists who have made remarkable and PhD (Chicago), focuses her teaching contributions in the arts, the humanities and and scholarship on feminist theory, the sciences, as well as in Canadian public legal theory, American constitutional Photo: Ian Crysler life. Vaver’s pioneering work on “user rights” history and interpretation, and comparative and the public interest has brought fairness constitutionalism. and balance to Canada’s intellectual Farewell to Firebrand property system. Adam Parachin, BA with High Distinction The prolific author of many acclaimed (Toronto), LLB ’00 (Osgoode), LLM Alan Young books, edited collections, and peer- (Toronto), is an expert in charity and reviewed articles, Vaver’s scholarship is not-for-profit law, property law, trusts and PROFESSOR ALAN YOUNG ’81, LLM provided approximately $10 million of relied on as persuasive authority by courts

Fax Faraday Fax Jennifer Nedelsky estates, and income tax. (Harvard) – one of Osgoode’s most free legal services with respect to a wide and lawmakers, while his teaching and passionate, colourful and often controver- variety of social justice issues. mentorship have nurtured many leading Adrian A. Smith, BA (Hons) (Western), sial advocates for social justice – retired He represented countless numbers of minds in the intellectual property law field. LLB ’01 (Osgoode), LLM ’05 (Osgoode), on July 1. people suffering from AIDS, cancer and DCL (Doctorate) (McGill, Law), begins his The independent-minded educator, multiple sclerosis who were charged after career at Osgoode as Academic Director of lawyer, activist and defender of the using marijuana for medicinal purposes Parkdale Community Legal Services, downtrodden clerked for Chief Justice and, as a result of these cases, the Federal and teaches and researches in the labour and worked as a criminal Government was compelled to create a law area. lawyer in Toronto prior to starting his regulatory program authorizing the use of teaching career at Osgoode in 1986. medical marijuana. Emily Kidd White, BAH (Queen’s), JD He was the Co-Founder and Director The author of Justice Defiled: Perverts, (Queen’s), LLM (Jerome Lipper Prize for of the School’s Innocence Project, a clinical Potheads, Serial Killers and Lawyers, Distinction) (NYU), JSD (NYU), writes on program that guides JD students through Young was – and still is – one of the Adam Parachin Adrian A. Smith emotions in legal reasoning, and teaches the process of investigating suspected cases media’s go-to persons for comment on the constitutional law, jurisprudence, and of wrongful conviction and imprisonment. topic of marijuana, as witnessed by the Chartered Institute of public international law. During his 32-year teaching career, number of interviews he has given since Arbitrators Honours he also maintained a small practice mid-October when recreational specializing in criminal law and proce- was legalized in Canada. Professor Janet Walker dure and primarily devoted to chal- This past decade, Young successfully lenging state authority to criminalize challenged three provisions of our sex Professor and arbitrator Janet Walker was consensual activity. work laws resulting in a significant reform recognized with the Chartered Institute Ever the one to stir up debate, his of those laws. Although he does not of Arbitrators (CIArb) Distinguished contributions to the law – he brought support the recent legislative response to Service Award in September. constitutional challenges to our gambling, the successful constitutional challenge, The award was presented by global CIArb obscenity, bawdy-house and drug laws – he is not prepared in retirement to president James Bridgeman and CIArb

Emily Kidd White won him recognition as one of Canadian commence a new challenge. Canada patron Beverley McLachlin at an Lawyer magazine’s “Top 25 Most Influential” However, he is “comforted by the event hosted by the CIArb Canadian branch. in the justice system and legal profession knowledge that more than 30 students “It is an honour to be recognized for in 2010, 2011, 2012 and 2014. Osgoode also from 2006 to 2013 worked on the original contributions that I have made to collective presented him with the Dianne Martin Medal constitutional challenge and there are initiatives to develop and promote for Social Justice through Law in 2018. now many young lawyers ready, willing international commercial arbitration in In the course of his work, Young quietly and able to continue this work.” Canada,” Walker said.

24 Continuum — Winter 2019 Osgoode Hall Law School of York University 25 Recognizing Those Who Have Won Awards or Other Honours FACULTY FOCUS Lisa Philipps has Celebrating Canada’s Prominent New Position Most Powerful Women Corporate Knights at York Neil Brooks Receives From Academia Dean (Interim) Mary Condon and 2018 Canadian to the Bench Award for Edward Norie Campbell ’95, ’03 (LLM), Professor Lisa Philipps has been appointed Valerie C. Mann ’91 and Grace Palombo Tax Foundation (CTF) Waitzer York’s Provost and Vice-President Lorne Sossin ’92, Professor and former ’93 were among the 2018 winners of Academic for a five-year term that began on Lifetime Contribution Dean (2010-18), was sworn in as a judge Canada’s Most Powerful Women: Professor Edward Waitzer received the July 1, 2018 and will end on June 30, 2022. of the Ontario Superior Court of Justice Top 100™ Awards. Award Corporate Knights Award of Distinction Philipps served as Interim Provost and in Toronto on January 29. As Dean, The awards are presented annually June 7 for his seminal work advancing the VP Academic since May of 2017, providing Sossin pursued initiatives for accessibility by the Women’s Executive Network Professor Emeritus Neil Brooks has been legal foundations for corporate and pen- what President and Vice-Chancellor in legal education, the expansion of (WXN), a member-based organization awarded the Canadian Tax Foundation’s sion fund leaders to serve the public good. Rhonda Lenton described as “outstanding legal clinics and experiential learning, committed to the advancement, most prestigious award – the Lifetime Waitzer, a partner at Stikeman Elliott leadership in relation to academic planning, community engagement and reconcilia- development and recognition of profes- Contribution Award – honouring individuals LLP, is the Jarislowsky Dimma Mooney program development, enrolment man- tion with Indigenous peoples. sional women in Canada. who, over their careers, have made Chair in Corporate Governance and agement, and the renewal of the full-time “Lorne has made an enormous substantial contributions to the CTF Director of the Jay and Barbara Hennick complement, as well as championing York’s contribution to legal education generally and its purposes through their volunteer Centre for Business and Law at Osgoode equity and inclusivity commitments.” and to the Osgoode/York community efforts and body of work. Obiora Chinedu and Schulich School of Business as Philipps joined Osgoode in 1996. in particular,” said Dean (Interim) Brooks, who retired in January 2014, well as the Co-Director of the JD/MBA She holds an LLB from the University of Mary Condon. “We are going to miss his Okafor Appointed UN taught tax law and policy at Osgoode for Program (Osgoode). Toronto and an LLM from York and was inspiring leadership, including on more than 35 years. His research interests Independent Expert called to the Bar of Ontario in 1988. Her Indigenous issues, keen legal mind, included tax law and policy, corporate and research encompasses taxation law and inclusiveness and wonderful optimism.” international tax, and financing the welfare Professor and York Research Chair in policy, fiscal policy, higher education policy, In another recent judicial appointment state. He published extensively on income International and Transnational Legal and feminist legal theory. of note, Justice James Stribopoulos ’94, tax issues and was the editor of Canadian Studies Obiora Chinedu Okafor has been Prior to her appointment as Interim a judge of the Ontario Court of Justice Taxation, the Osgoode Hall Law Journal appointed the United Nations (UN) Provost, Philipps held a number of key who was an Associate Dean and Associate Professor Emeritus Kent and the Canadian Tax Journal. He also Independent Expert on Human Rights positions at York, including Assistant Dean Professor at Osgoode before being co-authored The Trouble with Billionaires and International Solidarity. As such, he (First Year) and Associate Dean (Research, McNeil Named IBA appointed to the bench in 2013, was (2010) with Linda McQuaig. is one of the principal group of human Graduate Studies & Institutional Relations) appointed a judge of the Ontario Superior Honorary Member In previous years, three other Osgoode rights experts who advise and report at Osgoode; Chair of the University’s Court of Justice in Brampton. professors – the late Tim Edgar, Scott Wilkie to the UN Human Rights Council and Academic Task Force in 2014; Chair of the The Indigenous Bar Association welcomed and Jinyan Li – have received the Lifetime General Assembly. Leading the Way (then) Senate Academic Policy and Planning Professor Emeritus Kent McNeil as its Contribution Award, demonstrating the Prior to his appointment in 2017 as Committee (2005-06); and Associate in Environmental newest Honorary Member at its annual strength of the Law School’s tax law faculty. Independent Expert, Nigerian-born Vice-President Research (2011-14). conference November 1 to 3 in Saskatoon. Okafor was Chairperson of the UN Human Law Education Beyond the University, Philipps has “This was a huge honour for me, more Rights Council Advisory Committee, a provided expert legal advice to a range significant than any academic recognition Geneva-based committee of experts Professor Estair Van Wagner, a Co-Director of bodies, including the Ontario Ministry I have received,” McNeil said. elected by the Human Rights Council to of Osgoode’s Environmental Justice and of Finance as Special Counsel in 2015. McNeil taught property law, First serve as its think-tank. He has also served Sustainability Clinic, was presented with In 2015-16, she served as Interim Dean Nations and the law, and trusts at Osgoode as an expert panelist for the UN Security the IUCN Academy of Environmental of the Bora Laskin Faculty of Law at from 1987 until his retirement in 2016. A Council’s Counter-Terrorism Committee Law 2018 Environmental Law Education Lakehead University. Fellow of the Royal Society of Canada, he and the UN Working Group on People of Award (Emerging Faculty) in recognition was awarded a prestigious Killam Fellowship African Descent. of her important contributions to the field in 2006 to pursue research on the legality of environmental law education. of European assertions of sovereignty in Van Wagner’s research and teaching North America. interests are in the areas of property, land He remains active in retirement, use planning, and natural resource law. pursuing his research and writing and continuing to advocate for justice for Indigenous peoples.

26 Continuum — Winter 2019 Osgoode Hall Law School of York University 27 Passings Alumni Happenings

1993 Jacquie B. Chic

2003 IN MEMORIAM André S. Thorsen CLASS NOTES LLM — January 1, 2018 to December 31, 2018 2005 John Michael Freeman Marie Moliner ’83 and Kevin Whitaker ’84 2005 retired unexpectedly to enjoy Kirk Dennis Goodtrack life with family and friends following Kevin’s diagnosis of an aggressive form of 1948 1956 1963 Parkinson’s disease. In 2016, George E. Carter Reuben Cipin John D. Burgar k 1960s at age 59, he stepped down Robin W. Fraser as a judge on the Ontario 1949 George E. Loker 1965 Superior Court of Justice. William A. Sheppard Steven W. Lukinuk Stanley H. Feldman Since, Kevin has painted prolifically raising over 1950 1957 1968 $50,000 for Parkinson’s John H. C. Clarry Hewett Littlejohn Louis A. Low research and support groups. Douglas D. Everett Walter Martin Traub ’71, Moya Greene ’78, ’18 (LLD) Robert C. Rutherford 1958 1969 ’97 (LLM) received an honorary doctor John Coyne ’84 Peter B. Stuart John W. Brown Simon R. Fodden John Rosen ’68 received the Law Society of of laws degree from York received the 2018 Canadian Gordon B. Langille received the G. Arthur Martin Ontario’s 2018 Law Society University’s Faculty of Liberal General Counsel Award for 1951 G. Martin Luxton 1971 Criminal Justice Medal from the Medal. Arts and Professional Studies. Environmental Social and Henry Koury C. Stanton Stevenson Igor Bobrow Criminal Lawyers Association. Governance. Gerald H. Marsden Edwin L. Stringer Benjamin Zarnett ’75 James Neilson ’79 1973 was appointed to the was appointed to the Court of K. A. Siobhan Monaghan ’84, 1952 1959 Gregory H. Barnett Court of Appeal for Ontario. Queen’s Bench of Alberta. ’94 (LLM) Benjamin V. Levinter Seymour Iseman was appointed to the Tax Stewart R. Mank Elias A. Kremer 1974 k 1970s Court of Canada. James A. Runions Peter A. Milligan 1953 Peter H. Sims Kenneth C. Binks William P. Somers 1976 k 1980s Keith M. Gibson John L. Vamplew Roey B. Kert Elizabeth Sheehy ’81 James R. Tyrrell M. Herbert Wolfson was named to the Order of Warren P. Winslow 1977 Ontario. 1960 Douglas A. Breault 1954 Paul A. Adams Sandra Chapnik ’76 William Goodridge ’82 Harry T. Andrews Earl G. Bailey 1978 Brian Greenspan ’71 was named to the was appointed to the Supreme Allan M. Austin Mary C. Cardwell James L. Thistle 2010 (LLM) was named one of the Top 25 Order of Ontario. Court of Newfoundland and Mary Ellen Turpel-Lafond ’85, Garret J. Cooligan John P. Ford most influential lawyers by Labrador. ’13 (LLD) Eric R. Murray William K. Mckay 1980 Canadian Lawyer magazine. Harry LaForme ’77, ’08 (LLD) became the inaugural director Pauline M. Sprague Jerome B. Goldhar retired from the Court of Colm Seviour ’82 of the University of British 1955 Mary T. Satterfield Appeal for Ontario and joined was appointed to the Queen’s Columbia’s new Indian Bernard S. Dales 1961 Olthuis Kleer Townshend LLP Counsel in Newfoundland and Residential School History William J. Deslauriers Murray Armel 1983 as senior counsel. Labrador. and Dialogue Centre. John E. Eberle Mervin F. Burgard Margaret J. Janzen Reginald A. Haney 1974 (LLM) James P. Giffen Sergio Marchionne William Kaplan ’83 Christopher Giaschi ’86 Donald S. Macdonald C.C. has a new book out, was appointed to the Supreme Gilles L. Racicot 1962 1990 Why Dissent Matters. Court of British Columbia. Sinclair M. Stevens Gilbert S. Bennett Darryl R. Ferguson J. Grant Sinclair Sandra A. Young

28 Continuum — Winter 2019 Osgoode Hall Law School of York University 29 Alumni Happenings SUBMIT Heather Zordel ’87, ’98 (LLM) Rachel Notley ’90 Samir Sabharwal ’98 Esi Codjoe ’12 (LLM) was elected a Bencher of the was named one of the Top 25 was appointed General Counsel was named one of the Top 25 Law Society of Ontario and is most influential lawyers by for the Alberta Securities most influential lawyers by YOUR a member of the Law Society’s Canadian Lawyer magazine. Commission. Canadian Lawyer magazine. Audit Committee and Govern- ment Relations Committee. Jean Bédard ’92 (LLM) Sonya Jain ’99, ’17 (LLM) was appointed Chairperson was appointed to the Ontario OWN Daniel Ingersoll ’89 of the Canadian International Superior Court of Justice. was appointed managing part- Trade Tribunal. John Borrows ’94 (DJur), Jonathan Davey ’08 ner of Cox & Palmer’s Halifax ’18 (LLD) joined Scotiabank as the office. Michael Geist ’92 received an honorary doctor National Director of Aboriginal CLASS was named to the Order of of laws degree from Osgoode Financial Services. Jessica Kimmel ’89 Ontario. Hall Law School and was k 2000s was appointed to the Ontario named one of the Top 25 most Suzanne Duncan ’01 (LLM) Ron Podolny ’08 Laura Wilson-Lewis ’15 NOTE Superior Court of Justice. influential lawyers by was appointed to the Yukon received the 2018 Precedent married Dr. Nemoy Lewis on Canadian Lawyer magazine. Supreme Court. Setter Award. June 2, 2018 in Toronto. Michael Kraus ’89 What’s happened in was appointed to the Court of Michelle Cheung ’94 Marilyn Marshall ’02 (LLM) David Coward ’09 (LLM) Naiomi Metallic ’16 (LLM) your life since you Queen’s Bench of Alberta. was appointed to the Ontario was appointed the Complaints was appointed Vice President was named one of the Top 25 Court of Justice. Resolution Commissioner for of Human Resources at most influential lawyers by graduated from Osgoode? Maureen Ryan ’89 the Law Society of Ontario. Georgian College. Canadian Lawyer magazine. was appointed to the Queen’s Nancy Dennison ’95 Counsel in Newfoundland and Carissima Mathen ’92 was appointed to the Ontario Antonio Di Domenico ’05 Vanisha Sukdeo ’09 (LLM) Suzanne Chiodo ’17 (LLM) Labrador. received the Law Society of Superior Court of Justice. recently published his new wrote Regulation and was appointed a Lecturer in Ontario’s 2018 Law Society book Competition Enforcement Inequality at Work, Isolation Law at Oriel College, Oxford Michael Tulloch ’89 Medal. Joe Wong ’95 and Litigation in Canada. and Inequality Beyond the University, where she is also received an honorary doctor completed a five-year ap- Regulation of Labour. completing her Doctor of of laws degree from Ryerson Aston Joseph Hall ’93, ’08 pointment as a member of the Philosophy in Law. University. (LLM) Ontario Municipal Board, and was appointed to the Ontario then returned to the practice Anna Murray ’18 Court of Justice. of law, first at the City of was named one of Canada’s Cambridge and now with the k 2010s Top 40 Under 40 by Caldwell. City of Hamilton. Ren Bucholz ’10 k 1990s received the 2018 Precedent Susanne Boucher ’96, Setter Award. ’02 (LLM) Gilles LeVasseur ’05 (LLM) was appointed to the Ontario received the Law Society Sapna Butany-Goyal ’10 (LLM) Superior Court of Justice. of Ontario’s 2018 Law was appointed a justice of the Society Medal. peace to the Ontario Court of Julie Shin ’96 Justice. received the 2018 Canadian Michelle Christopher ’06 (LLM) General Counsel Award for was appointed to the Alberta Veronica Jackson ’10 (LLM) Business Achievement. Provincial Court. was appointed to the Supreme Court of British Columbia. Sharon Shore ‘96 Clifford Shaw ’07 (LLM) was appointed to the Ontario has practised law for 36 years q Superior Court of Justice. in Calgary specializing in Paul Cooper ’90 Tracey Nieckarz ’93 banking, commercial litigation, We want to hear about it! Share news was appointed to the Law was appointed to the Ontario Meghan McCreary ’98 and insolvency law. He recently of your career, family life and personal Foundation of Ontario’s Board Superior Court of Justice. was appointed to Her joined Burstall LLP as counsel. accomplishments with your fellow alumni of Trustees. Majesty’s Court of Queen’s Tracy Wynne ’93 Bench for Saskatchewan. Blair Wiley ’07 by submitting a Class Note. Julia Deans ’90 received the 2018 Canadian joined Wealthsimple as received the 2018 YWCA General Counsel Award for general counsel and head of Shaneka Shaw Taylor ‘10 Toronto Women of Distinction Litigation Management. regulatory affairs. welcomed a baby girl, Sloane, To submit a Class Note, please visit: Award. into her family. osgoode.yorku.ca/alumni

30 Continuum — Winter 2019 Osgoode Hall Law School A View into Osgoode Alumni Association LAST LOOK ANNUAL

Class of ’54 Reunion GENERAL The Law Society of Ontario, May 4, 2018 MEETING NOTICE

Alumni are invited to attend the Annual General Meeting on: Wednesday, Portrait Room May 15, 2019 of Osgoode Hall 5:30pm to 6:00pm 130 Queen Street W. Toronto, Ontario Back L-R: “The pictures on our lapels were of men in their mid-20s. But Morley Torgov, Ralph Turner, their youthful countenances yet untested in the trials, successes Sidney Freedman, Neil Mann, John Hinds and missed opportunities of years to come, were no match for Front L-R: the wizened faces of those who attended. The crease lines, the Grant Murray, Timothy Fellowes, bald heads, the liver spots, the knurled knuckles and twisted Joseph Casse, Donald Dodds fingers were beautiful evidence of lives well lived, of challenges and struggle surmounted, of the history of their years … While the practice of law has changed dramatically from those early years, it is still the guardian at the gates of civil liberties and the Please contact the Osgoode Alumni Office at 416-736-5638 last chance guarantor of the rights and responsibilities that a or [email protected] to obtain a copy of the agenda. functioning society must entertain.” Excerpt from a letter that Sidney Freedman QC sent to the Alumni Office following the reunion Positive RSVPs Appreciated

32 Continuum — Winter 2019 OSGOODE’SOSGOODE’S It is It valuable is valuable to beto bein ain part-time a part-time PART-TIMEPART-TIME programprogram because because you you can can still still continue continue PROFESSIONALPROFESSIONAL LLM LLM on onwith with your your career. career. The The opportunity opportunity costcost of theof the program program was was significantly significantly lessless because because I wasn’t I wasn’t putting putting my my careercareer on onhold hold to doto dothis this full fulltime. time.

- Ryan- Ryan M.J. M.J. Hayes, Hayes, MBA, MBA, LLB, LLB, LLM LLM

CHOOSECHOOSE FROM FROM THESE THESE SPECIALIZATIONS:SPECIALIZATIONS: Osgoode’sOsgoode’s Part-Time Part-Time Professional Professional LLM LLM is designedis designed to to • Administrative• Administrative Law Law fit fitwithin within your your busy busy life, life, allowing allowing you you to topursue pursue your your • Business• Business Law Law professionalprofessional development development goals goals while while working working full fulltime. time. • Constitutional• Constitutional Law Law In addition,In addition, the the video video conferencing conferencing study study option option brings brings • Dispute• Dispute Resolution Resolution youyou into into the the classroom, classroom, enabling enabling you you to engageto engage with with • Energy• Energy & Infrastructure & Infrastructure Law Law peerspeers and and instructors instructors in real-time,in real-time, from from your your home home or or • Tax• Tax Law Law office,office, across across Canada. Canada.

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34 Continuum — Winter 2019