Law NewsSPRING 2003 University of Victoria Faculty of Law

An Evening of Recognition and Thanks Each fall the Faculty of Law recognizes student excellence and donors who make bursaries, awards and scholarships possible. This year, the law school changed the venue from the auditorium to the University Club where students and their families were able to mingle with donors and Faculty in a wonderful reception environment. The change in format and venue to this traditional event received rave reviews. For the past five years, UVic’s Chancellor, Dr. Norma Mickelson, has graciously hosted the reception and honourary dinner to thank donors for their invaluable contributions. Not only do donors fund the faculty’s ability to recognize the dedication, hard work and excellence of its students by way of awards, prizes and scholarships, they also contribute to bursaries that ensure access to legal education is available to all qualified individuals regardless of their economic circumstances or social standing. In the 2001-2002 academic year, 97 students received scholarships and awards totaling $146,500 (includes entrance scholarships). In addition, 102 students received a total of $111,600 in bursary funds. Tim Livingston and Dean Crawford of

Thank you to all of our generous donors. See centre spread for more photos Davis and Company (presenter).

ALUMNI GATHER ACROSS THE COUNTRY Many thanks to the firms who sponsored and hosted the Alumni In February and March alumni met in Victoria, Vancouver, Calgary, Toronto and Ottawa Receptions and to those alumni who to catch up with one another and discuss the importance of alumni networking. assisted in the organization of the Mark Underhill (’95) insists that a firmly established and well-organized UVic Law first UVic Law Alumni Association Alumni Association is long overdue. As a result, he spent many hours calling alumni in cross-country tour: cities across Canada, arranged for firm sponsors and organized a series of receptions to bring alumni together again. UVic Law now has approximately 2,400 alumni working across Canada and in many Arvay Finlay, Victoria foreign locations. However different their lives have become, they all still have one thing Horne Coupar, Victoria in common and that is alumni membership to one of Canada’s leading law schools. Alumni, AGAIN, ranked UVic Law as the top law school in Canada! Lawson Lundell, Vancouver During his speech at the Vancouver Island Alumni Reception, Dean Petter noted Bennett Jones LLP, Calgary that a Law Alumni Association “is an idea whose time has come”. The Association will Borden Ladner Jervais LLP,Toronto enable alumni to reestablish and develop new connections, strengthen ties between alumni and faculty, improve communications and enhance the sense of community we share. This can be achieved through social events, professional development, mentoring, Mark Underhill ’95 and venues for ongoing communication such as a dedicated website. As well, alumni Ron Skolrood ’86 associations can provide an organized opportunity to give back. UVic’s future success is directly linked to its past. The current success that the law Jason Roth ’99 school enjoys can be traced back to the vision of legal education pioneered by Murray Freya Kristjanson ’87 Fraser and the group of founders. As the law school adapts to new challenges and oppor- Benjamin Berger ’02 tunities, it will be essential to retain the original values, such as equal access, that make UVic Law different and special. For this, we need the input and assistance of alumni. If you are interested in any facet of the Law Alumni Association and want to get involved, please contact Mark Underhill at [email protected]. See pages 24 and 25 for photos

LAW NEWS • SPRING 2003 PAGE 1 law schoolatthefollowingaddress: Changes ofaddresscanbeemailed once ayearbytheFaculty ofLaw. to [email protected] orsent to the Publications Mail Agreement University of University Victoria Law News The Indigo SkyGraphicDesign itra BC V8W 3H7 Victoria, Alumni andDevelopment Professor John McLaren University of Victoria Design andProduction Career Development Contributing Editors General Information Faculty ofLaw Number 40052762 Law School Website Contributing Writer Sonja Bermingham Kim Hart-Wensley Law News Managing Editor Faculty ofLaw www.law.uvic.ca Law SchoolFax Associate Dean Patricia Maedel PO Box2400 Andrew Petter (250) 721-6390 (250) 472-4719 (250) 721-8025 (250) 721-8150 Brian Hanulik PAGE 2 Cheryl Crane Janet Person STN CSC Dean is published Dean To UVic law graduates Congratulations pleasedon to passalong, offerings andanexpansionofourhighlysuccessfulco-opprogram. newupperyearcourse include technologicalupgradestotheLibraryandclassrooms, program couldbereadytoadmititsfirststudentsbytheFall of2004. the Ifallgoeswell, interdisciplinary studiesinlawandanumberofotherdisciplines. to theUniversityforapproval. andwillnowbesubmitted A formalproposalwasrecentlyadoptedbyFaculty Council, hasgivenimpetustoourplansintroduceagraduatelawprogram. Research Chair, much brighter. isstartingtolook whilenotyetfullysecure, thefutureofLawCentre, Foundation, withtheprospectofrenewedcorefundingfromLaw And, until theendofthisyear. General the LegalServicesSociety. wewereabletoannounceanewfamilylawpilotprojectfundedby InDecember, Street. theprogrammovedtoitsold(butreconditioned)premisesonBroad In September, Thankfully thisworkisstartingtopayoff. ensuring itsfuture. and Ihavefocusedoureffortsonkeepingtheprogramalive as aresultoflegalaidcutbacksannouncedlastspring. whichlostitspremisesandone-thirdoffunding program, in termsofsecuringexistingprogramsandinitiatingnewones. both The pastyearhasbeenaproductiveoneforthelawschool, on beingappointedtotheSupremeCourtofBritishColumbia. Association (CBA) BranchPresidentforBritishColumbia fortheyear2002-2003. orifyouhavesuggestions If youwouldliketohearmoreaboutthesedevelopments, Others This isoneofanumbernewinitiativesbeingpursuedwithintheFaculty. The ourCanada thearrivalofProfessorJeremy Webber, In termsofnewprograms, the Attorney combinedwithadditionalsupportfromtheLawFoundation, This pilot, clinicdirectorGlennGallins In thewakeofthesecutbacks, A majorfocushasbeentheLawCenterstudentclinical David Paul Brenda Brown “ ’ Law andSociety iity h itraBrAscainadohr,meanstheprogramisfunded the Victoria Bar s Ministry, Association andothers,

2002 LawStudentEssayCompetition. for winningthirdplaceinthe American Judges Association Benjamin Berger LAW NEWS ’ s Message ’ ” t hesitatetocontactme. Masters programwouldpermitqualifiedstudentstopursue ( ’ 86) whowasappointedasthe Canadian Bar ( ’ 80) •

SPRING 2003 ( ’ 02) Andrew Petter …

’

s Speakers and Visitors for the Spring Semester…

UVic Law welcomed Professor Denise of Law. She presented an informative Reaume of the University of Toronto, seminar on “Trading Spaces: Governance, Faculty of Law, and Law Foundation Global Civil Society and the WTO.” Professor, University of Saskatchewan, Professor Sonia Harris-Short, a visiting who was a Lansdowne Visitor during lecturer in law from Durham University, the week of February 10, 2003. England, presented a seminar on On February 27, Professor Hudson “Protecting the Vulnerable: Aboriginal Self- Janisch, University of Toronto, Faculty Determination Under International Law.” of Law, Visiting Professor of Law, Sponsored by the Institute for Dispute University of British Columbia present- Resolution at UVic, Dr. Vadmik Volkan, ed a lecture entitled, “The World currently the director of the University of Turned Upside Down (Again):The Virginia Centre for the Study of Mind and Current Telecommunications Crisis.” Human Interaction, conducted a discussion Professor Denise Reaume.

on “9/11—One Year Later—Alternative Assessments and Prescriptions.” Dr. Volkan Last Fall… focused on the political and psychological dimensions of 9/11. The Law School hosted numerous speakers In November, Professor Jeremy throughout October and November 2002. Webber, Canada Research Chair in Law Professor Orit Kamir from the Faculty and Society of UVic Law, presented a joint of Law, Hebrew University of Jerusalem faculty-graduate seminar entitled: “The and the School of Law, University of Rule of Law and the Public Justification of Michigan, presented two fascinating Governmental Action.” lectures (including movie clips!) for those Visiting from Iqaluit, Nunavut, Madam interested in the linkages between law, Justice Beverley Browne, Senior Judge of culture and the humanities. She addressed: the Nunavut Court of Justice presented “Memory, Recovery and Justice in two lectures: “Nunavut and the Law: An Professor Hudson Janisch Conflicted Societies: A Law and Film Experience in Creativity”—the F. Murray Perspective” and “Dignity, Respect and Fraser lecture in professional responsibility, Dr. Khaled Abou El Fadi, School of Equality in Sexual Harassment Law: and “Challenges of Law in Nunavut”,an Law, UCLA presented a lecture Israel’s New Legislation.” informal session with students. In her about “Islam and the Challenge of UBC’s Professor Cole Harris from the lecture, Judge Browne commented at Modemity” on March 1. And, on Department of Geography presented the length on the campaign to make legal March 6, Paul Scambler of Clay and Hugh Alan Maclean Lecture in Legal choices available to Inuit students at the Company spoke on “Service in the History to a sell-out crowd. The topic of his genesis of the Akitsiraq Law School Legal Profession.” Professor and lecture was “Land, Power, the Law and the Program in which the UVic Faculty of Emeritus Gareth Jones, Cambridge Dispossession of First Nations in British Law is a partner. This she set against the University lectured on “Capturing Columbia.” Professor Harris’s research phenomenal rise of Nunavut to territorial Unjust Enrichment: The English and interests focus on European settlement status and the challenges of crafting a Canadian Experience” on March 12. in early Canada and the geography of justice system, which is sensitive to And, Professor Douglas Hay of the colonialism in early British Columbia. Inuit values and expectations. In the Department of History, York In his lecture he provided a range of informal session, she used her own career University and Osgoode Hall Law important insights into how the imperatives path to illustrate the rich, if sometimes- School, and Janet Neeson of the of colonialism pushed Aboriginal people Department of History and Humanities unconventional opportunities open to off their land into a marginal existence in lawyers. Centre, York University visited during British Columbian society. the week of April 14. Also visiting in the fall was Professor See page 4 for an interview with Madam Ruth Buchanan from UBC’s Faculty Justice Beverley Browne.

LAW NEWS • SPRING 2003 PAGE 3 PROMINENT SPEAKER PROFILE Madam Justice Beverley Browne and the Northern Law Program

On January 11, 1999 The Honourable Anne McLellan, Minister of Justice and Attorney General of Canada appointed Madam Justice Beverley A. Browne as Senior Judge of the Nunavut Court of Justice in Iqaluit. Madam Justice Browne graduated with her LL.B. from the University of Alberta in 1975 and was called to the Bar of Alberta and of the Northwest Justice

Territories in 1976. She first practised Browne was law with the firms of Wright, Chivers & interviewed Company and of Freeland, Royal, by student McCrum & Browne, in Edmonton. Oliver Prior to being appointed to the Brandes Northwest Territories Territorial Court (3rd year). in Iqaluit in 1990, she had been a sole practitioner in Vermillion since 1982. Madam Justice Browne is a member of the Board of Directors for the JB: On March 31, 1999, including myself, very quickly that there were individuals Akitsiraq Law School Society, one of there were about five staff members work- who had great intellectual potential to UVic Law’s partners in the Akitsiraq ing for the court in Nunavut. On April 1st, become lawyers. So, I started to discuss it Law School Program. She can be when the territory was created, we took with them and I did everything that I thought of as one of the founding on all of the responsibility for criminal could possibly do to encourage some of initiators of the Akitsiraq Law School cases in the entire territory of Nunavut. the really bright lights that I encountered Program, having dedicated innumer- We also took on all the civil cases, respon- to go to law school, but none of them able hours to discussions and meetings sibility of Provincial and Superior Court expressed much interest in leaving the with other supporters and potential and full section 96 Court responsibilities. north. It became clear that Inuit aren’t partners in an effort to bring a profes- Probably the most significant challenge interested in attending university in the sional legal program to the North. was just training staff and having people south for extended periods of time, like able to do their jobs. With the Nunavut you would for law school. Yet, they should government’s interest in hiring Inuit, it be lawyers, so we figured maybe we What is the most striking difference really was important that as many of our should have a school in the north, rather between the north and the south from a new staff as possible were from Nunavut. than expect people to move down south. ‘practice of law’ perspective that you So, just keeping pace and being patient That is what started it rolling. have noticed in your career? and training people on the job was proba- JB: Lawyers who work in the north proba- bly the most significant challenge. It has What impact will this northern graduating bly get more varied experience at a higher had terrific rewards because we have good class have on Nunavut potentially, and staff, which is now for the most part level than those practicing in the south, even on Canada? and they move into those areas more trained. The single level trial court or the JB: I’m not sure. Certainly, I think Inuit quickly, particularly in Nunavut where unified court is working adequately for its look at problems from a different perspec- there aren’t enough lawyers. I suspect that three and a half years in existence. tive than non-Inuit do, and I think as they the kinds of law that are practiced are the move into positions, whether it be senior same all over the place, but the amount of In your role as one of the primary torch- government positions (like our Premier), responsibility that people can be given or bearers for a northern-based law school, or other senior positions, Inuit lawyers will can take if they so desire is significantly what were your primary motivations? have a different way of looking at prob- higher in the north. JB: I moved to Iqualuit in 1990 and started traveling in the Baffin region as the lems than the people presently in those What is the most significant challenge territorial court judge, working with positions. What it will look like, I don’t you have encountered being the first Chief interpreters, court workers and probation know, but I think it will be different. Justice in the Nunavut Unified Court? officers who were Inuit. I became aware continued on page 5

PAGE 4 LAW NEWS • SPRING 2003 “Speaker Profile” continued from page 4 are making it relevant to the experience Akitsiraq Law School Program Instructors Our graduates will probably be the most and the knowledge of the students who Faculty, University of Victoria sought after because of their cultural strength live in the north and that has been Kim Hart Wensley, Southern Director (Legal and their law degrees. Again, it is hard for me challenging to all of the professors. Research & Writing and Family Law) to say what changes they will make when Don Galloway (former Southern Director and Law they get out into the world with the skills and Workshop pre-Program) How do you hire the right professors? Serena Ableson (Academic Librarian) knowledge they have but I know things will John Borrows (Legal Process and Aboriginal Law, change once they are out there. JB: UVic has complete control over hiring Contracts and Remedies) professors. There are many contracts that Gerry Ferguson (Criminal Law) Do you think that some of the success create this program and there is a Hamar Foster (Criminal Law) points may stem from their enhanced, or Memorandum of Understanding that sets Hester Lessard (Law Workshop pre-Program) John McLaren (Torts and Legal Process) synthesized cultural perspective upon the out the responsibilities of UVic and the Heather Raven (Legal Process) law? Do you think that historically some responsibilities of the Law School Society. Other Faculty and Instructors of the law programs may have failed and And clearly, throughout the development this has provided that venue? Cathy Bell, University of Alberta, Faculty of Law, of the program, UVic is in charge of all (Property Law) JB: I find in the meetings that we attend to of the academic decisions relating to the Roshan Danesh (Constitutional Law) Kelly-Ann Fenney (Tutorial Support) develop the law program, the students are program, which includes who is admitted taking much more responsibility for the way Kelly Gallagher-Mackay, Northern Director to the program, whether students pass (Sept/01–Dec/02), (LLP and Family Law) the program looks. The other thing they or fail, who the professors are and the James Igloliorte, Judge of the Provincial Court of are doing, very clearly, is ensuring that the Labrador, (Legal Process) program gives them the cultural strength curriculum decisions. The other thing about Cathy Nash (Legal Research & Writing and Tutorial that they need to work from to make the the Memorandum of Understanding is the Support) Denise Reaume, University of Toronto,Faculty of changes that they are learning about required consultation with the Akitsiraq Law, (Torts and Remedies) through their education. At the last curricu- Law School Society. Shelley Wright, Northern Director (effective Jan/03), lum meeting there was talk about develop- (Legal Process and Legal Research & Writing) ing an Elder-in-Residence program, not so How did UVic Law get the opportunity to Visitors that elders are teaching courses, but that so offer this program in the north? Mariano Aupilardjuk, Elder, Kivalliq Region, Nunavut the elders are present in all areas of their Beverly Browne, Justice of the Nunavut Court of lives. I think the students are really anxious JB: UVic is a long way away. We couldn’t Justice, Nunavut find two places in Canada that are further Jamie Cassels, Vice-President Academic & Provost, to learn the law, and also want to ensure University of Victoria that their cultural grounding remains strong. apart than Iqaluit and Victoria. It was Anne Crawford, Deputy Minister Executive and UVic’s Jamie Cassels, when he was the Intergovernmental Affairs, Nunavut Dean (of the Faculty of Law)—who was Rosemary Gallagher, Judge of the British Do you think this could be a model for Columbia Provincial Court an Aboriginal type law school throughout prepared to take the risks, who was pre- Les Green, Osgoode Hall Law School, York University Canada and perhaps in the world? pared to say, “This sounds like a good idea, Akesu Joamie, Elder, Iqaluit, Nunavut JB: I think it is an important project, and we want to work on this.” Nobody else was Alicee Joamie, Elder, Iqaluit, Nunavut Earl Johnson, Justice of the Nunavut Court of people are watching it, I believe, all over prepared to put up the hours and effort. It Justice, Nunavut the world. It is certainly the first time is a terrific risk that they took in doing this, Iqaluk Juraluk, Elder, Iqaluit, Nunavut in Canada, and perhaps one of the because it could have fallen flat on its face. Pauloosie Kanayuk, Elder, Northern Quebec first times in the world, that a formal The administration of UVic deserves Robert Kilpatrick, Justice of the Nunavut Court of professional training course has been Justice, Nunavut thanks for taking the risk and I think it has Angaangaq Lyberth, Counselor / Consultant, Ottawa taken into an Aboriginal community. If turned out to be a good experience for the James MacPherson, Justice of the Ontario our Inuit students went down to one of the Court of Appeal universities in the south, there would be University and a good feather in their cap. Michel Monnin, Justice of the Manitoba significant parts of the program that Court of Appeal What carried you through some of the Paul Okalik, Premier of Nunavut, Iqaluit, Nunavut wouldn’t make any sense to them, because difficult times? Elisapee Ootoova, Elder, North Baffin, Nunavut of where they have grown up and the life Dennis Patterson, Nunavut Legal Services Review experiences that they’ve had. By moving JB: I believed, just like everyone else, that Andrew Petter, Dean of the Faculty of Law, the program to another place, it forces the Inuit lawyers and Inuit judges will do University of Victoria Joseph Raz, Oxford University instructors to make it relevant to the things differently, and that the Inuit in majority of the population that they are Don Revell, Chief Legislative Counsel of Ontario Nunavut are entitled to that. It was just Inuapik Sakeatok, Elder, Iqaluit teaching. I think that is the process that is very important to push that project as Nora Sanders, Deputy Minister of Justice, Nunavut taking place as a result of the law program much as possible. The greatest success will Andre Samson, Head of Legislative Translation, being offered in Iqaluit. I think, with Nunavut compliments to all of the professors, they be when they swear in the first Inuit judge Neil Sharkey, Justice of the Peace Coordinator, Iqaluit, Nunavut have done that. They are teaching the in my position. Although it won’t happen immediately, because lawyers must prac- Mariam Taparti, Elder, Kivalliq Region, Nunavut same principles, but the examples they Steven White, Crown Attorney, Iqaluit, Nunavut are using are not the same. The life tice for 10 years first, I do think things Rebecca Uqi Williams, Member of the Legislative experiences are not the same. Professors will be different when that happens. Assembly, Nunavut

LAW NEWS • SPRING 2003 PAGE 5 Aboriginal Cultural Awareness Camp, October 4–7, 2002 The Gifts Continue

The seventh annual Aboriginal Cultural Awareness Camp hosted by the Tsartlip First Nation was held this year at the Saanich Tribal School in Brentwood Bay. The Camp is a four-day event in which law students, legal practitioners and law enforcement personnel come together to learn more about First Nations’ culture and history. The overarching purpose of the Camp is to provide participants with increased understanding of Aboriginal culture, with specific reference to its importance in the practice and study of law. The main goal is to create a non-confrontational environment and facilitate the exchange of ideas between representatives from diverse areas of the legal profession and First Nations’ Peoples. Dr. Samuel Sam receives hug from student Berry Hykin.

Students participating in meal preparation.

On Friday morning, more than 30 UVic The three led the first morning’s discussion the Tsartlip community’s relationship students, the Faculty’s current Judge-in on contrasting perceptions of Aboriginal with surrounding law enforcement Residence, and a visiting professor from justice. agencies. Durham University Law School, all car- Other topics discussed during the four Despite the seriousness of these topics pooled out to the Tribal School.The group days were: and the substantive learning that occurred, was greeted by Greg Sam, his father Dr. sentencing circles; the group shared many light-hearted times. Samuel Sam, and community members the history of the Coast Salish; Every morning began with Greg Sam performing a welcoming drum song. For the the centrality of land to First Nations; abruptly waking the group for their next four days, participants would eat, sleep the different conceptions of property morning dips in the ocean. In stark contrast and conduct discussions in the School’s and ownership between First Nations to the frigid ocean was the intense heat of Cultural Centre, which simulates a tradition- groups and non-First Nations groups; the sweat lodge. Participants spent Sunday al Coast Salish Longhouse. Alongside the role and structure of Coast Salish afternoon preparing a traditional sweat Greg Sam and Dr. Sam was Bill White, communities; and continued on page 7 the University’s Aboriginal Liaison Officer.

PAGE 6 LAW NEWS • SPRING 2003 “The Gifts Continue”, continued from page 6 lodge and then participating in this intense purification ceremony.A particularly signif- icant gesture by the Tsartlip community UVic Welcomes… was their invitation for the group to attend Ms Bui Thi Bich Lien who has taken up the Centre for Asia Pacific a traditional wedding ceremony.The Initiatives (CAPI) Law Visitorship for January–April 2003. She is participants were fortunate enough to see our first long term Vietnamese law visitor and will work closely a sacred four-mask dance performed in with CAPI Director, Bill Neilson, who has been teaching, researching full traditional dress and the wedding and directing law programs in Vietnam for the past 10 years. ceremony that followed. Both groups were Lien is a graduate of Hanoi Law University and holds an LL.M. grateful for the other’s presence, and this from Warwick University in the UK. Her teaching and practice interests are primarily in was reflective of the weekend’s more the commercial, corporate and trade law areas. She is a faculty member of Hanoi Law general building of relationships. University and also a local associate of Baker & McKenzie, an international law firm. Ms Lien’s research interests include cultural sovereignty parameters, bilateral and multilateral trade negotiations, developing country perspectives on intellectual property rights and the constitutional protection of gender equality. During her time at UVic, Ms Lien will offer lectures in existing courses on the campus, deliver a CAPI Brown Bag noon hour lecture and present a paper on “Public Participation in Vietnam Lawmaking” at the CAPI Invitational Symposium on Mapping Vietnam’s Legal Culture: Where is Vietnam Going To? UVic Law a Welcome Sojourn for Judge Dan Ferguson Judge Dan Ferguson is the Law Faculty’s Aboriginal Awareness judge in residence for 2002/2003. Judge Camp in October, Ferguson was appointed to the Ontario which he says was a Superior Court of Justice (formerly the fulfilling and terrific General Division of the Ontario Court of experience “both in Justice) in 1992 and his chambers are terms of learning about Students enjoying the camaraderie of located in Whitby. Prior to that, he was a aboriginal issues and partner with the Toronto firm, Borden & meeting some of the students”.

camping out. Elliot (now called Borden Ladner Judge Ferguson says that the interac- Gervais). Judge Ferguson and his wife, tion he has with faculty and students is The weekend was truly a stunning Ann, arrived in Victoria in late August and pivotal to the study leave program. He will be here until the end of March. states that the Faculty has created a success. The main goal was accomplished Judge Ferguson applied for the study friendly and extremely welcoming and the connections made have not leave program offered to federally appoint- environment, and that he relishes the ended with the Camp’s final day. Students ed judges by the federal government. The opportunity to meet students. Having expressed the view that the weekend purpose of the program, says Judge taught at Osgoode and the University of heightened their awareness of First Ferguson, is to “improve yourself as a judge Toronto, Judge Ferguson says that UVic Nations’ issues and Canada’s legal and make contributions to the law school.” students are relaxed and relatively non- system. The journey was not always As part of his study leave, Judge competitive, and he encourages students easy. Participants often relied on a Coast Ferguson participated in teaching to maintain that collegial attitude. “It Salish Elder’s teaching to help then along Advocacy in the fall semester and has makes the entire experience more their journey: made appearances in a number of other rewarding. Everyone learns and benefits.” Qwan Qwum Tun Shqwalawun— courses including Legal Process, Legal Judge Ferguson says that the Law Research and Writing, Family, Evidence Faculty lives up to its reputation as being Make your mind strong…use and Advanced Legal Research and focused on the needs of students. He the best of both worlds. Writing in order to give a “real world, adds that his sojourn at UVic will have practical perspective.” He has also had the given him time to improve and refresh Claire Hatcher (3rd year) opportunity to take a number of courses himself before returning to the bench. and is spending the bulk of his time at “It’s extremely valuable to have the UVic working on a new book. Judge opportunity to do something different Ferguson also participated in the and to be able to step back and learn.”

LAW NEWS • SPRING 2003 PAGE 7 Faculty Profile: Professor Gerry Ferguson Awarded Coveted Title

At the November 12th Convocation cere- mony, the title of University of Victoria Distinguished Professor was officially conferred on Gerry Ferguson. The award is a new honour created by the University to recognise those professors “whose work is of exceptionally high international caliber and whose teaching and student supervision is outstanding as judged by peers and students.” After receiving a nomination from Dean Andrew Petter, the Adjudication Committee (consisting of the President, the Vice-President Academic and Provost, and the Vice President Research of the University) selected Professor Ferguson as one of the first two recipients of the award. During his 26 years at the Law Faculty, Professor Ferguson has built a record of truly distinguished achievement in Professor Gerry Ferguson enjoying a reception in his honour. teaching, scholarship and contributions to the University and the community. He has founded or co-founded several attention it has received make it the “type There is a sense of satisfaction in having innovative programs at the Faculty, of research that brings great satisfaction”. others recognise your contribution as including the Legal Process course, the Professor Ferguson has also been being deserving and worthy of merit.” Criminal Law Term, the Academic and extremely active outside the Law Faculty, Professor Ferguson is quick to credit his Cultural Support Program, and the Law and his community service is extensive fellow colleagues and the staff. “Working Co-op Program (which remains the only not only within BC and Canada, but also with an energetic, congenial and dedicated law co-op program at any Canadian internationally. He has, and continues to group of people makes my job as a University). Three years ago, he success- be, involved in law reform projects under- teacher and scholar much easier.” fully led the Faculty initiative to have the taken by the Canadian Bar Association, Professor Ferguson says that a good law building re-named after Murray and Department of Justice, Law Commission teacher must always strive to be well Anne Fraser. After all these years, of Canada, and other legal organizations prepared. “Whether in teaching or in Professor Ferguson says that teaching is to help improve the justice system. In practice, the better prepared you are, the still his first love. “It’s invigorating to addition, Professor Ferguson remains active better you will be.” He adds that if you go into the classroom and engage with in the Equity and Diversity Committee of are enthusiastic about your subject matter, students.” Law students throughout the the Law Society of BC, which is, amongst that excitement and interest will be years have recognized Professor Ferguson other matters, currently working on recom- conveyed to students and it will make as an exceptionally dedicated teacher. mendations to improve the situation of the learning process more enjoyable. He has authored over 120 books, Aboriginal law students and lawyers in the Professor Ferguson adds that it is chapters, articles and reports, and that does province. As part of his work with the extremely important to be open and not include an even larger number of International Centre for Criminal Law accessible to students. When asked what conference papers, presentations, and Reform, Professor Ferguson will be part piece of advice he would give to graduating speeches. He is the co-author of the of a three to five year project aimed at students, Professor Ferguson says, “Your Canadian Criminal Jury Instructions, now reforming China’s criminal justice system. reputation within the community is your in its 15th edition and the only published Regarding the Distinguished Professor most valuable commodity, so guard it set of its kind. The two-volume publication Award, Professor Ferguson says that it is well. That means act with integrity and is used widely by judges and lawyers “a great honour to have your community honesty in whatever you do. If you do across the country, and Professor Ferguson recognise the contributions that you have that, you will do well in whatever you says that the positive commentary and tried to make over a long period of time. choose to do.”

PAGE 8 LAW NEWS • SPRING 2003 Faculty Publications and Presentations Elizabeth Adjin-Tettey “Social Host Liability: A Logical Extension of Commercial Host Liability?” (2002), 65(2) Sask. L. Rev., 515 In this article, Professor Adjin-Tettey explores whether social host liability should be recognized in Canada. There appears to be some reluctance to acknowledge social host liability. Although this reluctance may be a reflection of collective welfarism, it is inconsistent with negligence law generally and also a disincentive to accident prevention. There is no reason for social hosts to enjoy immunity from liability where they have failed to do what a reasonable person ought to have done in similar Professors John McLaren, Rebecca Johnson and John Borrows. circumstances to prevent a foreseeable risk of injury. Profitability, which has often doing only when the injured party has John been used to justify the imposition of successfully proved parental fault. The liability on commercial hosts and not article questions whether the legislation is Borrows social hosts, is best considered in deter- a true tort law reform and, if so, at what Recovering mining the appropriate standard of care cost. The legislation may simply be a Canada: and not the existence of a duty of care. mechanism for property owners to access The Resurgence Professor Adjin-Tettey examines decisions parents’ liability insurance coverage and on social host liability, arguing that liability of Indigenous allow insurance companies to exercise Law (Toronto: has not been imposed, not because it their right of subrogation against parents University of would be inconsistent with Canadian law, of young offenders. Professor Adjin-Tettey Toronto Press, but because of failure to establish some argues that not only is the promise of 2002). essential requirements for negligence compensation illusory, but it also may in liability in the circumstances. Social host fact end up creating other problems such John Borrows liability is a logical extension of commer- as making insurance coverage unavailable continues with cial host liability, brings the law in line or unaffordable for people of modest a prolific with negligence law generally, and means, who incidentally need coverage scholarly agenda encourages socially responsible behaviour the most. Parental liability legislation that provides expanding insights into the on the part of social hosts. blames parents for youth delinquency. preservation and operation of Aboriginal Since delinquent behaviour is more legal systems, as well as seeking to open “Significance and Consequences of common among children from poorer the Canadian mind to the constitution of Parental Responsibility Legislation” and lone-parent families, mostly single and legal regulations of First Nations. (2002), 17 Supreme Court L. Rev. (2d) mothers, the legislation unfairly targets Parental liability legislation has been disadvantaged groups and stigmatizes REFEREED ARTICLES adopted in three Canadian provinces: them for being “bad parents”. It also “A House of Justice” (2002) 48 Manitoba, Ontario and British Columbia. undermines the loss distribution function Criminal Law Quarterly (forthcoming) The legislation imposes liability on par- of modern tort law by placing the respon- “Fourword/Foreword: Issues, ents for property loss or damage caused sibility of compensation on those who Individuals, Institutions, Ideologies by the intentional wrongdoing of their can least afford it and have no avenue (2002) 1 Indigenous Law Journal 1. child under the age of 18. Parental fault is to spread the losses. In the end, the presumed and the onus is on parents to legislation privileges the few property “Indian Agency: Forming First Nations disprove fault. This legislation is a depar- owners who can afford to bring legal Law in Canada” (2001) 24 Political and ture from the common law, which imposes actions and who, incidentally, can afford Legal Anthropology Review (POLAR) 9. liability on parents for a child’s wrong to bear or spread the loss in any event. continued on page 10

LAW NEWS • SPRING 2003 PAGE 9 “Faculty Publications…” continued from page 9 Professor Foster’s review of Bruce Miller’s John McLaren “Listening for a Change: The Courts “The Problem of Justice: Tradition and and Oral Tradition”, 39 Osgoode Hall Law in the Coast Salish World” will be Regulating Lives Law Journal 1(2001). featured in the next issue of The Journal (Vancouver: University of British Columbia of American Legal History. “Uncertain Citizens: The Supreme Press, 2002) Court and Aboriginal Peoples” (2001) “Litigation and the BC Treaty Process: 80 Canadian Some Recent Cases in Historical A book of essays Bar Review 15. Perspective” is a paper that Professor co-edited by John McLaren, along with Bob Menzies and “Domesticating Foster presented to the BC Treaty Dorothy Chunn of the School of Doctrines: Commission’s 3rd annual “Speaking Truth Criminology, SFU.The book examines the Aboriginal to Power” conference. It is available role of the state, society, the individual and Peoples After on the Treaty Commission’s website: the law in the regulation of public and pri- the Royal http://www.bctreaty.net/files/truthtopower. vate life. The book contains chapters on Commission” html. intermarriage between Aboriginals and (2001) 46 Professor Foster will be presenting papers non-Aboriginals, mental disorder, prohibi- McGill Law in May of 2003 at the BC Studies tion, incest, children’s aid, venereal disease, Journal 615. Conference (on the Douglas Treaties), and prostitution and compulsory education in July of 2003 at the 16th British Legal for religious dissenters. These examples Don Casswell History Conference in Dublin, Ireland, of social control and the regulation of (on work related to his book project). “Same-Sex Couples: Marriage vs. “problem” practices and populations are Civil Unions, Registered Domestic examined in the context of both social Partnerships or Registered Common- Rebecca theory and the political, social and legal Law Relationships,” a chapter in the Johnson culture of British Columbia. Professor forthcoming book, Il principio di non McLaren’s contribution is on the seizure Book Review of discriminazione in base all’orientamento and incarceration of Sons of Freedom Ellen Anderson, sessuale nell’ordinamento canadese, edited Doukhobor children by the government of Judging Bertha by Eleonora Ceccherini of the University British Columbia in the 1950s. Wilson: Law as of Siena (to be published in 2003 by the Professor McLaren was Distinguished Large as Life Associazione Italiana di Studi Canadesi). Visiting Professor of Law during July at the (2002) Canadian Macquarie University School of Law in In this chapter, Professor Casswell reviews Bar Review. Sydney, Australia. While there he gave a the Canadian court decisions that have major public lecture, the Macquarie considered same-sex marriage claims, out- Rebecca Johnson and Edward Veitch, Lecture, on the judges and the rule of law lines the domestic partnership, civil union “R v. Kerton: Misguided and Misjudged?” in colonial New South Wales and Upper and registered common-law relationship (2002) 18 Solicitor’s Journal 15–18. Canada and a paper on colonialism, legislation recently enacted in Nova Scotia, Taxing Choices, The Intersection of Class, economics and the Quebec and Manitoba, and considers Gender, Parenthood, and the Law rule of law at the whether domestic partnership, civil union or (Vancouver: University of British Columbia Australian/New common-law relationship legislation is suffi- Press, 2002). Zealand Legal cient to satisfy same-sex partners’ equality Taxing Choices History Conference rights under the Constitution if marriage will interest all at Katoomba. He continued as a legal status available only to those who seek also presented a opposite-sex partners. Professor Casswell’s to use the law as paper at a confer- argument is that it would not. Either a tool of social ence in honour marriage must be extended to include justice but are of Justice Allen same-sex partners, or the state must get troubled by the Linden’s contribu- out of the marriage business altogether. perils posed tion to Canadian The preferable option is definitely to by competing Tort Law in Montreal in May. That paper extend legal marriage to same-sex partners. interests and has since been published as “The conflicts involving Intentional Torts to the Person Revived? Hamar Foster race, class, gender, Protecting Autonomy, Dignity and “British Columbia: Legal Institutions in and ability. Emotional Welfare in a Pluralistic the Far West, from Contact to 1871”, Society”in Vol. 17, Supreme Court Law republished in Pue and Guth, editions Review, 2d (2002), a special number Canada’s Legal Inheritances (University of dedicated to Justice Linden. Professor Manitoba Press 2001). continued on page 11

PAGE 10 LAW NEWS • SPRING 2003 “Faculty Publications…” continued from page 10 suggests a new approach for deciding when priately and judicially devised, to be an investment income and other intangible integral part of the functioning of the property of Indians is situated on a reserve, modern judge. and thus exempt from taxation. Chris Tollefson Andrew Pirie “Games without Frontiers: Investor Claims “Judges as Mentors: What’s the Problem and Citizen Submissions under the with Judicial Dispute Resolution in NAFTA Regime” 27, Yale Journal of Canada?” (2003) Canadian Bar Review by International Law 141–191 (2002) The Honourable Hugh F. Landerkin, Q.C. “Metalclad v. The United Mexican States and Andrew J. Pirie Revisited: Judicial Oversight of the This co-authored paper provides judges, Investor-State Claim Process The McLaren Family (l to r) Duncan, lawyers, judicial policy makers, and other under NAFTA”, 11 Minnesota Journal of

John, Shona and Ann. members of the legal community with an Global Trade 182–223 (2002). opportunity to evaluate the place of McLaren has recently completed editing Judicial Dispute Resolution or JDR in “Advancing an Agenda? Recent of a manuscript of essays on Property Canada’s justice system. The authors ask Developments in Public Interest Rights in the Colonial Imagination and whether judges acting as judicial media- Environmental Law in Canada” (2002), Experience, which has been submitted to tors and undertaking other JDR activities UNB Law Journal 1–20 UBC Press. fit within our understanding of the mod- ern judicial function. This question is Mary Anne Waldron explored from policy, legal and pragmatic Bill Neilson “Section 347 of the Criminal Code: perspectives. A Deeply Problematic Law”. “Intellectual Property Rights and The paper is divided into four parts. In Competition Law and Policy: Attempts in Part I, the authors examine the mediation In this paper, recently prepared for the Canada and Japan to Achieve a process. The judge as mediator is perhaps Uniform Law Conference, Professor Reconciliation”, 1 Washington University the most obvious yet controversial image Waldron discusses the difficulties that Global Studies Law Review, 323–413 in the rapidly developing JDR picture. s.347 of the Criminal Code (criminal usury (2002), by William A.W. Neilson, Robert The authors consider the modern meaning section) presents in commercial lending G. Howell and Souichirou Kozuka. of mediation and the tensions arising from transactions, particularly in which debt the pairing of the judicial and mediation and equity features are mixed. Martha O’Brien roles. In Part II, the authors provide “Bank of America Canada v. Clarica Trust several historical reflections on judging Company: Common Sense and Common “Income Tax, Investment Income, and the and procedural justice generally in Law” Indian Act: Getting Back on Track” (2002) Western culture and identify reforms that Canadian Tax Journal, Volume 50, no. 5. Professor Waldron also completed this have foreshadowed the move by judges case comment for the Canadian Business Recent case law on the application of the into mediator forms and functions and Law Journal (forthcoming in the next tax exemption in section 87 of the Indian beyond solely adjudicative tasks. In Part issue) which reviews the Bank of America Act to Indian investment income has taken III, the authors link the broader notion case in which the Supreme Court of a very different approach to the purpose of Alternative Dispute Resolution (ADR) Canada allowed compound interest to be and scope of the exemption from that to JDR and find many similarities awarded in both pre- and post-judgment expressed in the leading decisions from the between these two acronyms. When one interest calculations (notwithstanding the Supreme Court of Canada. Most strikingly, scrutinizes ADR’s modern emergence prohibition of the Ontario Courts of the cases on when a deposit account and growth in the legal profession, one Justice Act on the award of compound belonging to an Indian is situated on a can also envision JDR going through a interest), based on a new, common law reserve for purposes of section 87 of the similar evolution. In Part IV, the authors exception to the sections. Indian Act reach the opposite conclusion offer their perspectives on three founda- to those considering the issue for purposes tional questions about JDR. First, on “What’s to be done with s. 347?” of its companion provision, the exemption fundamental justice policy grounds, should Professor Waldron presented this paper at from seizure in section 89 of the Indian judges be doing JDR? Second, jurisdic- the Annual Workshop on Commercial and Act, even though the Supreme Court of tionally do judges have the judicial power Consumer Law at the University of Canada has said that sections 87 and 89 are to engage in JDR? Third, and purely Toronto. This paper discusses the possible to be interpreted and applied the same pragmatically, do judges have the knowl- reform options to deal with the impact of way. In this article, Professor O’Brien edge, skills, abilities and other attributes s.347 on both commercial and consumer examines the jurisprudence in which the to perform JDR? The authors conclude law (to be published in a future issue of divergent approaches have developed, and there are sound reasons for JDR, appro- the Canadian Business Law Journal).

LAW NEWS • SPRING 2003 PAGE 11 INTERNATIONAL AND COMPARATIVE INTELLECTUAL PROPERTY PROGRAM

he Faculty of Law’s second Summer related symposia in IP law taught by academic courses, taught principally by International and Comparative specialist IP practitioners from the full time faculty members appointed by TIntellectual Property (IIP) Program sponsoring law firms; the three institutions, with the practice will be held at St. Peter’s College, Oxford A Symposia offering a distinct confer- related Symposia sessions taught by University from July 3 to August 19, 2003. ence style component over 3 to 6 days members of the sponsoring firms of The IIP Program is offered by the from Thursday, July 24 to Tuesday, Smart & Biggar from Canada, Bird & Faculty of Law in partnership with the July 29 in two sessions (Thursday Bird from the United Kingdom and University of Illinois, College of Law and to Saturday/Sunday to Tuesday). European Union, and Brinks Hofer St. Peter’s College, Oxford University, Registrants may attend either or both Gilson & Lione from the United States. together with the Oxford Intellectual sessions. The first session concerns All three firms are international leaders in Property Research Centre at the College. essentially copyright and trademark intellectual property and related areas The program presents a unique endeavour practice, and the second, patent and and provide a full range of services in IP of three educational institutions from trade secret. The Symposia should be and technology law. Many individuals in three jurisdictions—Canada, the United a popular option for practitioners the firms have scientific or technical States and the UK/European Union to seeking comparative (Canada/US/EU) backgrounds. provide a program of international and practice related information concerning St. Peter’s College provides a superb comparative intellectual property law intellectual property; and educational environment and setting. It is and policy. The program includes several one of the younger colleges of Oxford A Judicial Panel comprising judges components: University with modern facilities for experienced in intellectual property teaching and research, yet it possesses Five academic subjects for law students issues from Canada, the United all the traditions of Oxford. It opened as from Canada, the U.S., the UK/EU and Kingdom and the United States. It will St. Peter’s Hall in 1929 and became a full elsewhere; take place on Saturday afternoon, College of the University in 1961. Some A Professional Development course July 26 during the Symposia at of the buildings date from the mid-19th for lawyers and IP analysts comprising St. Peter’s College. century in their construction and are four of the academic subjects; a series A principal feature distinguishing this linked with institutions on the site to the of tutorials; and 30 hours of practice program from others is the relationship of continued on page 13

PAGE 12 LAW NEWS • SPRING 2003 SUMMER 2003 • ST PETER’S COLLEGE, OXFORD, UK

“IIP” continued from page 12 The University of Illinois is a top 15th century. During the 17th century ranked U.S. university with a well recog- Academic Subjects: English Civil War, when Charles I made nized international reputation in many International and Comparative Oxford his headquarters, part of the site disciplines and fields of study. The College Trademark and Unfair Competition of present day St. Peter’s was the Royal of Law is a leading US law school with Law Mint. St. Peter’s is also ideally situated nationally and internationally recognized International and Comparative in the centre of the city, a very short faculty members in many areas. Quick to Copyright and Neighbouring Rights walk from the bus station (with frequent respond to the importance of intellectual Intellectual Property Issues in st coach connections to London and direct property law in the 21 century, the Internet and Information to London’s Heathrow and Gatwick College has actively developed a teaching Technologies and research priority in intellectual airports) and a 10 minute walk to the train International and Comparative station connecting with services through- property related fields. The College Patent and Trade Secret Protection therefore provides our IIP Program with out the United Kingdom. The College Art and Cultural Property law both expertise and excellence from a is also close to all libraries, museums, and Policy bookstores and shopping areas. The U.S. perspective. Launched in 2001 the Oxford Intellectual Property Research College’s “Journal of Law, Technology, Symposia Subjects: Centre (OIPRC) was founded in 1998 and Policy” is an innovative, interdiscipli- SYMPOSIA I at St. Peter’s College. The Centre’s nary publication devoted to cutting edge Alternative Dispute Resolution and mission is to facilitate and conduct issues of intellectual property. The Intellectual Property advanced research into all aspects of College, in conjunction with Brinks Hofer intellectual property, particularly with Gilson and Lione, also brings to our IIP International Transactional Study of Program an annual IP conference in Industrial Design/Design Patent and respect to the new technologies, and Chicago in October. It is planned that the Trade Dress Protection including long-term interdisciplinary Journal will publish the proceedings of research with economics and management. Copyright and Trademark each conference. Infringement, Anti-Counterfeiting, It has developed research links with and Parallel Importation most of the leading IP research centres St. Peter’s College provides a Multimedia, Audio-Visual Arts, in the world. superb educational environment Cross-Border Ownership, and and setting. Exploitation The Intellectual Property Process: The IIP program directors are Professor Filing and Litigation Strategies Bob Howell (Victoria) and Reuter’s Professor David Vaver (Oxford). Professor SYMPOSIA II Vaver is also the Director of the OIPRC Patenting Innovations in and is a well known leading IP scholar in Biotechnology and Business the Commonwealth. The IIP Program in Methods: New Frontiers, New 2003 at Oxford builds upon a successful Problems inaugural program in summer 2002 in Trade Secrets and Confidential Victoria, BC, which was reported fully in Information: Employer and Employee the Faculty of Law’s Annual Report for Relationships, Non-Competition, and 2002. UVic has previously offered IP Non-Disclosure Agreements summer programs in 1997 and 1999. Commercializing Intellectual Property Professor Howell has directed these Internationally: Licensing Concerns, programs and has published extensively in Practical Problems, and Pitfalls IP related topics. He has taught IP at UVic Abuse and Misuse of Intellectual for a number of years, enabling the Faculty Property Rights of Law to have significant curriculum Intellectual Property Audits, Due offerings in IP.The Faculty also enjoys a Diligence, and Corporate close relationship with Smart & Biggar Compliance Program and, in particular, Mr. Michael Manson For more information and registration of that firm who is an Adjunct Professor particulars see the following Web sites: at the Faculty and teaches in the regular

http://www.uvcs.uvic.ca/ip or sessions as well as in the Summer Program. http://www.ipint.org.

LAW NEWS • SPRING 2003 PAGE 13 An Evening of Recognition and Thanks

Professor Emeritus Donovan Waters and UVic Chancellor Norma Mickelson.

Professor John Kilcoyne receives the First Year Teaching Award from student Jackie Leveille and Dean Andrew Petter.

Karen Finlay speaks on the establish- ment of the John Finlay Legacy Fund in honour of her late husband.

Paul Brackstone accepts the Law Foundation/David Strong Leadership in Legal Studies Award from Wayne Robertson, Executive Director of the Law Foundation of BC and Don Silversides, Chair, Board of Govenors of the Law Foundation of BC.

PAGE 14 LAW NEWS • SPRING 2003 Keltie Mann receives award from Hugh and Pat McLean.

Donors May and Ron Lou-Poy with Chancellor Norma Mickelson.

(l to r) The Honourable Bryan Williams, Donovan and Maryla Waters, and Audrey Williams. Devinder Basran accepts the President’s Scholarship Award from President Dave Turpin.

LAW NEWS • SPRING 2003 PAGE 15 Donor Profile: Vicky Husband This year, one of BC’s best-known environmentalists, Vicky Husband, made a major gift to UVic Law’s Educational Endowment for Aboriginal Justice. The campaign, now closing the gap on a $1 million goal, has received contributions from financial institutions, law firms, corporations, foundations and individuals. The endowment will support Canada’s first Professorship in Aboriginal Justice and UVic Law’s Aboriginal Justice Program. In an interview with UVic Law, Ms. Husband discusses her reason for selecting the Educational Endowment for Aboriginal Justice and the undividable connection between our environment and the need for Aboriginal justice. An Interview with Vicky Husband Vicky Husband is the recipient of many You are best known as an environmental advocate and activist. What motivated you prestigious awards in recognition of her to support an educational initiative aimed at Aboriginal peoples? conservation achievements. For the last 20 years she has been a leader in the province As much as I believe in environmental protection, I also believe in social justice and and nationally in the protection of ancient that includes Aboriginal justice. I think both goals are intertwined. temperate rainforests, wildlife and marine ecosystems. Is there a relationship, in your view, between goals of environmental sustainability Ms. Husband was born in Victoria, BC and Aboriginal justice? If so, what is it? and educated in Victoria and Vancouver. She I have worked together with Aboriginal people for many years on environmental received a BA from UBC and worked for initiatives. We share many values and goals, especially with regard to respect for and many years as a professional artist. Since protection of the natural world that sustains us all. Justice and advanced education 1980, she has served as a full-time, volunteer for Aboriginal people will enable them to take their rightful place in Canada. I conservationist and campaigner for a number believe that their contribution will help move us in a more respectful direction with of groups, including Friends of Ecological regard to the natural world and in our society as a whole. Reserves, the Sierra Club of BC, the BC Round Table on the Environment and What do you see as the biggest challenges facing British Columbia in the coming decade? Economy, BC WILD, the Fraser River The greatest immediate challenge is lack of political will on the part of governments Advisory Panel, and The Land Conservancy to protect the environment, to support just resolution of Aboriginal rights, and to of BC. support principles of social justice. Currently she serves as Conservation Chair of the Sierra Club of BC, a director of What measures do you think will be necessary to meet these challenges? the Sierra Club of BC Foundation, a direc- The need for an informed and educated public who will demand the above stated tor of the Sierra Club of Canada, and a goals. On the environmental side, that means enforceable legislation (and the skilled director of The Land Conservancy of BC. staff to ensure it is enforced) to protect BC and Canada’s air, water, lands and forests, fish and wildlife, the marine environment and Canada’s protected areas. On the Awards Aboriginal side, it includes reconciliation between Aboriginal and non-Aboriginal people, just resolution of Aboriginal rights and equal opportunity for Aboriginal 1987 Fred M. Packard Award IUCN 1987 people to take their rightful place in Canada. 1988 United Nations Global 500 Award for outstanding contribution to What role, if any, do you think that educational institutions like UVic Law can play conservation in fostering positive social change? 1989 Environment Canada,Runner-up Embracing programs like UVic Law’s Aboriginal Justice Program to expand Lifetime Achievement Award advanced education opportunities for Aboriginal people and communities. Through 1995 Victoria YM/YWCA—first Recipient this program and its students, there will be an opportunity to educate the broader of the “ Women of Distinction Award public on how to resolve Aboriginal justice issues and to achieve the reconciliation for the Environment” necessary to move Canada towards a more just society. 1999 Friends of Ecological Reserves established a scholarship for You have shown, by example, what an incredible difference an individual can play volunteerism in Vicky Husband’s in raising public awareness and transforming public policy. What advice would you name within the Environmental offer to others who would like to follow in your footsteps? Studies Faculty, University of Democracy doesn’t work without a responsible, informed and active citizenry to make Victoria government, industry and all institutions accountable and responsible to the people of 2000 Order of BC British Columbia and Canada. Be a responsible public citizen, get involved, educate 2000 Honourary Citizen of Victoria yourself about issues you care about and take an active role in bringing positive 2002 Order of Canada change to our society.

PAGE 16 LAW NEWS • SPRING 2003 Law Students’ Society Update

It’s been an eventful year and the LSS has During the summer been active on a number of fronts. During months, Karrie Wolfe the winter semester of 2002, the LSS served as the lone repre- responded on behalf of the student body sentative of the LSS on to government cuts to legal aid. A commit- campus. She took on the tee of six LSS members was also formed to role of tour guide and respond to issues around tuition increases managed to persuade and differential tuition. Several forums more than a few appli- were organized to permit students to ask cants that UVic is the questions and voice their opinions. The place to be. The LSS also LSS compiled these comments and used participated in the them as a basis with which to craft a strong Professional Legal student response on both issues. Lindsay Training Course review LSS Executive. Cader (then VP-Internal) and Ben Berger undertaken by the Law (then-President) served as persuasive and Society. Unfortunately, because of the Clubs Days, organized by Davis Foth, effective advocates at Faculty Council and timing, student input was limited on this were also held in late September. Several we were fortunate to have two such matter. A brief response outlining some of new clubs were formed this year in addi- articulate individuals in our corner. our concerns, however, was submitted to tion to many others returning from past A highlight of the winter term was the the Law Society. years. This year’s group of clubs includes: annual Publicly Active Law Students September was a busy month for many Animal Law Club, Legal Information (PALS) formal at the Laurel Point Inn. members of the executive. Orientation Clinic, Grad Committee, Publicly Active This formal event raised a substantial was a tremendous success thanks to the Law Students (PALS), Law and Religion, amount of money for the Victoria efforts of Jackie Leveille, outgoing 1st Year Yearbook, Environmental Law Centre, Integration Society and was well attended Rep. Under her supervision, a host of tra- Black Law Students Association by both students and faculty. Graduating ditional welcoming activities were success- (BLSAC), Native Law Students students also had the opportunity to fully held during the first few weeks of Association, Dean’s Women’s Advisory attend the Grad Formal organized by 3rd school. These activities included a beach Council (DWAC), International Law Club, Year Reps Jen Wilson and Clint Megaffin. day, bowling night, bus tour, historic tour Human Rights Law Club, In the The academic year was brought to a of downtown Victoria and the annual Alternative, and the Rational Drug Policy close by elections in March where a new Dean’s BBQ. Tim Livingston also coordi- Association. All clubs had the opportunity executive was selected by the student nated welcome BBQs in major cities to apply for LSS funding at a later meeting body. The new group included: across Canada and Leo Lane organized a and we anticipate seeing a diverse range of campus wide game of Capture the Flag. speakers and activities organized by these Sharon Steele President The LSS would like to thank Farris, groups. Davis Foth VP Internal Vaughan, Wills & Murphy, McMillan Under the supervision of Jackie Tim Livingston VP External Binch, Davies Ward Phillips & Vineberg Leveille, numerous intramural teams have Brian Jacobson Treasurer LLP, Gowling Lafleur Henderson been entered in various leagues. This year LLP/Gowlings LLP, Arvay Finlay and includes recreational and competitive ice Jeremy Mills Secretary Borden Ladner Gervais LLP for their hockey, ultimate, volleyball, ball hockey Peter Ameerali and generous support of orientation. and flag football law school teams. Raji Mangat 3rd Year Reps On September 17, Matt Bloch, in During the remainder of the term, we Matt Bloch 2nd Year Rep cooperation with Nancy Pye, the Career enjoyed attending the annual Halloween Janela Jovellano and Development Officer, hosted the yearly Party, which raiseded money for Appeal. Nadia Khan 1st Year Reps wine and cheese reception for firm repre- Both the yearbook, coordinated by Jackie sentatives from across British Columbia. Leveille, and the “Legal Who”, published Kate Campbell and The event was held at the Royal BC by Tim Livingston, were distributed. Tim Karrie Wolfe Co-Op Reps Museum and provided students with a organized a mentor reception during Jackie Leveille Sports Rep valuable opportunity to meet a variety of November. Thanks to his hard work, and Leo Lane Social Coordinator firm representatives. A subsequent event the support of the local Bar, the mentor for out of province firms was also orga- program should be a significant success The year concluded with a joint meet- nized later in the month and similarly this year. ing between the new and old executives enjoyed significant success. Both of these It has been a busy year, and we look where LSS awards and nominations were individuals put in numerous hours to forward to many more projects and decided. make these events happen and deserve a activities during 2003. huge round of applause.

LAW NEWS • SPRING 2003 PAGE 17 Student Profiles: UVic Law Attracts Top Students

he Law Faculty is very fortunate in its ability to attract some of the brightest minds graduating from Canadian universities each year. These students come from a multitude of universities and a wide variety of undergraduate programs. This year, the Faculty Tawarded over $48,000 in entrance scholarships to 22 recipients. The awards ranged from $500 to $4,000. It is interesting to note that these recipients are not focused only on their academic pursuits. They are amazing individuals! They have interests and activities as varied as the President of the Philosophers and Free Thinkers Organization to volunteering with the Salvation Army Beacon Bus meal service. Profiled below are two first year students who received entrance scholarships in 2002.

Eva Cherewick, looking at law within its larger, social context Alexander, Holburn, Beaudin & Lang Law Foundation (i.e. impact on human rights, Aboriginal Entrance Scholarship in Law. Patrick’s acad- rights, women’s rights, race relations, etc.).” emic history makes him a very well qualified Scholar While at law school, Eva hopes to find scholarship recipient. He is another really Eva is one of this answers to some of the troubling questions smart “A” student, with a GPA over 4.00! year’s Law she had been faced with in her undergradu- Patrick also chose UVic Law because of Foundation Entrance ate career, such as: is there such a creature “the non-competitive, collegial atmosphere Scholars. She began as democracy? “I hope to find a place for the school promotes and its reputation for her academic career myself in the world where it’s possible to be excellence. The mild climate and laid back at Lethbridge College in Alberta before on the side of the good folks and still have a west coast atmosphere were also both very migrating to the milder west coast where chance of winning: of making positive influential, as was the availability of the she graduated from Simon Fraser change for the environment and for social LL.B./MBA program.” Patrick is hoping to University with a Bachelor of Arts in conditions and inequities in Canada. On a develop his research skills and analytical Canadian Studies and a minor in more personal level, I also hope to achieve abilities to the “highest possible level” Communications with a cumulative grade reasonable grades while holding on to some while completing his LL.B./M.B.A. After point average (GPA) above 4.00. In semblance of sanity!” graduating he would like to apply his layman’s terms, this GPA means she is Eva has admirable ambitions for life knowledge in a firm that specializes in really smart, an “A” student! after law school. “I would like to work international business law. In addition to her stellar academic with a smallish firm that’s out there work- Patrick claims his interest in interna- career, Eva was an avid dragon boat racer ing for the good folks mentioned [above]. tional law stems from his love of travel and for five years with the Richmond Centre Alternatively, I see myself with an NGO, other cultures, which he cultivated while Dragoneers and spent a weeklong sojourn either environmental or human rights backpacking and bicycling through 35 on Limestone Island, in the Queen focused, or both. My ultimate dream is to countries. His history as an intrepid world Charlotte Archipelago, assisting in a study work on promoting environmental con- traveller led him to develop a multi-media of Ancient Murrelets. She has a varied cerns as human rights issues; as resources publishing company that produced a glossy, work history, ranging from banking admin- are destroyed, polluted, or used up, there is full colour adventure travel publication istration to a co-op position as a Marine much more competition for what’s left entitled Traveller’s Voice Magazine, and over, and those with the least money and/or several travel related websites. His experi- Stewardship Assistant with Haida Gwaii Marine Resources Group Association. power always end up losing.” ence running this company has provided a She has also undertaken less-than- focus for his legal studies as well as influ- glamorous jobs. In her words, “My worst Patrick Spinks, enced him to pursue the LL.B./M.B.A. job ever was caring for 300-or-so Zebra Recipient of degree. Finches at the Animal Care Facility at This marriage of Patrick’s outside inter- Simon Fraser University. I thought that I Fasken ests with his academic goals did not begin should see what the inside of an experi- Martineau with his legal studies. While researching his mentation facility looked like. The animals DuMoulin honours thesis for his Criminology degree were very well-treated and the staff and at Simon Fraser University, Patrick investi- scientists were wonderful to work with, Entrance gated the impact of Bill C-30 on mentally but my job basically consisted of cleaning Scholarship disordered offenders. His research led him hundreds of bird cages every week!” to the Forensic Psychiatric Institute’s In response to a question about why Sometimes we are unable to award the Outpatient Clinic in Vancouver where he she chose UVic Law, Eva stated: Fasken Martineau DuMoulin Entrance went beyond his academic research and Scholarship because we do not have any “I wanted a smaller law school known more became a weekly volunteer, working with qualified entering students. Fortunately, for its collegial atmosphere than its ability to the clinic’s clients. Patrick chose to pursue the LL.B./M.B.A. foster competition between students. I wanted Patrick’s drive and ambition will serve joint degree program and thus qualified for a school that specialized in environmental him well as a law student. law specifically, but that was also known for the scholarship. He was also awarded the Janet Person, Admissions Officer

PAGE 18 LAW NEWS • SPRING 2003 Career Development Office Update

The spring and fall months are definitely busy times for the Career Development Office (CDO). Spring months are concen- trated on preparing students for the articling recruitment process that takes place throughout the summer months. Fall is the time for recruitment of second year law students for employment in the larger cities’ firms. In the spring of 2002, I hit the road to visit a number of law firms in Vancouver and Toronto. It was a great opportunity to network with firm recruitment profession- als and articling committees in both cities, and to learn more about their student (l to r) Manmeet Sabharwal, Ellen Leno, Nancy Pye, Lindsay Cader, Matt Bloch, recruitment processes. It was also a great Jackie Leveille and Raji Mangat. chance to connect with many of our UVic graduates that are successfully practicing volunteered their time to participate in a Court Program and Federal Court of at many of the firms I visited. Thank you panel discussion on interview skills, and Canada, and an information session by to all of the firms I visited for such warm also conduct mock interviews with law representatives of the BC Professional receptions and for showing me around students. Thank you to all the lawyers Legal Training Course. Anticipated 2003 your offices. In Toronto, I also had the who participated in this session: winter career events will include sessions opportunity to meet with members of the Kerri Everitt, McCarthy Tétrault LLP; on public interest and alternative legal Canadian Career Development Network Michael Fry, Shields Harney; George careers, as well as a “Day of Law” career (CLCDN). The CLCDN comprises career Faddis, BC Ministry of the Attorney session hosted by the Federal Department services professionals from all of the General; Michael Mark, McConnan Bion of Justice. Canadian law schools. The meetings O’Connor & Peterson; Kerry Simmons, For more information about the Career provided the opportunity to network with Cook Roberts; Greg Umbach, Blake Development Office at UVic Law, or if my colleagues and also to sit in on some Cassels & Graydon LLP. you wish to post a position with your events the Ontario law schools had orga- A very successful Wine and Cheese firm or organization please contact me at nized with Toronto law firms and public Reception for British Columbia Law (250) 472-4719 or [email protected]. service employers. The CLCDN held its Firms and Legal Employers was held on Nancy Pye, Career Development Officer annual retreat at UVic’s Dunsmuir Lodge Tuesday, September 17 at the Royal December 6–7, 2002. British Columbia Museum. Forty-one In September, the Career Development employers from Victoria, Nanaimo, Office (CDO) organized a number of Kamloops and Vancouver attended this sessions to help prepare students for the event. Thank you to Matt Bloch, Articling summer application process with law firms Committee Chair, and all the Articling in Vancouver, Calgary and Toronto. For Committee members for helping to the fourth year in a row, three legal practi- organize this event. On Saturday, tioners hosted a successful Resume September 28, UVic hosted on-campus Workshop. Thank you to Neil Carfra of interviews for 20 out-of-province law Carfra & Lawton, Harley Harris of Owen firms (13 Toronto, 7 Calgary). Following Bird and Andrew Nathanson of Fasken the interviews, a small reception for the Martineau for presenting this workshop. firms and students was held at the Also in September, the CDO and the BC University Club on campus. Branch of the Canadian Bar Association Fall 2002 activities organized by the organized an Interview Panel and Mock Career Development Office included Interview Session. Members of the bar sessions on clerkships by the BC Judicial

LAW NEWS • SPRING 2003 PAGE 19 UVic Law Student Exchange Program

he Student Exchange Program is a tremendous opportunity for students to study STUDENT EXCHANGE EXPERIENCES: and gain valuable experience at an internationally recognized university for one Tor two terms, while gaining credit for their home degree. Students return to UVic Janet Lennox— Law classes with firsthand perspectives on legal topics and issues. In 1995, UVic Law’s first three exchange agreements were signed with the University Utrecht of Adelaide in Australia, Vrije Univesiteit in Amsterdam and the University of British (Spring 2002) Columbia. When I applied to Including Spring Term 2003, 126 UVic Law students have undertaken exchange study in Utrecht for terms—99 abroad and 26 in Canada. my final term of law Since 1996, UVic Law has hosted 132 international students. When international school, I wrote students come to UVic, they enrich the educational and academic experience of the earnestly that I wanted to deepen my university community by exposing it to the language, cultural and intellectual traditions knowledge of international law; that I wanted access to the wide array of inter- of their countries. national courses offered there. It is true To qualify for an exchange position, students must have a GPA of at least 4.5 and be that I learned something about interna- selected by an Exchange Term Committee composed of the Dean, one member of faculty tional law, but, as it turns out, the best and one student. This committee considers primarily the relationship between the part about studying in Utrecht was not exchange destination and the applicant’s proposed course of study, and the applicant’s about the learning that I expected to potential as an ‘ambassador’ for UVic. achieve, but that which I did not plan for. Once selected, each student must put together a complement of courses acceptable to I learned, for instance, that Slobodan the associate dean and make his or her own travel and accommodation arrangements Milosevic had a flair for cross examina- tion when I observed his trial at the (although some host schools assist with the latter). International Criminal Tribunal for the Former Yugoslavia in The Hague. I watched the landscape of the national EXCHANGE AGREEMENTS elections shift as Dutch voters struggled to come to grips with the assassination of University of Adelaide (Australia) political candidate Pim Fortuyn outside a television studio in a sleepy suburb. University of British Columbia On a more light-hearted note, I learned that Dutch pancakes were really Chulalongkorn University (Thailand) yummy and that gouda cheese is actually pronounced “how-da”. I learned, by University of Hong Kong (China) accidentally flinging myself off my University of Kyushu (Japan) blindingly pink children’s bike (the only used bicycle small enough to fit a short University of Laval (Quebec) Canadian like me), that in addition to hand brakes, most Dutch bikes also come University of Limerick (Ireland) equipped with brakes that engage when you pedal backwards. I learned that University of Natal (South Africa) Dutch people hold outdoor garage sales University of Singapore (Taiwan) once a year in honour of Queen’s Day and that outdoor garage sales are much Utrecht Universiteit (Amsterdam) more entertaining when you are dressed in orange and drinking cheap beer. Vrije Universiteit (Amsterdam) In sum, the exchange to Utrecht was a very worthwhile experience. It was University of Wellington (New Zealand) rewarding to fulfil my wish to study international law abroad. It was equally rewarding to face the unexpected. continued on page 21

PAGE 20 LAW NEWS • SPRING 2003 Jenny Pho — Singapore (Spring 2002) Last year I was given the opportunity to study at the National University of Singapore (NUS). It was an unforgettable experience! I chose to go to Singapore because I wanted to experience Asian culture through the comforts of a modern city. As soon as I arrived in Singapore, I knew I had made the right choice. Singapore is a beautiful city with much to offer. It has beautiful gardens, peaceful beaches, and incredible shopping areas. In the midst of all the modern developments, places such as Chinatown and Little India demonstrate that Singapore still manages strongest visual images is the bemused to maintain a tie to its cultural roots. Pamela Van-Norden- expression on the face of an Irish farmer Studying at NUS gave me the opportu- Schaefer—Limerick as he patiently waited for me to catch up nity to learn the law from an international (Spring 2002) with his brogue during a conversation. In perspective. The university is committed my defence, I was distracted by the sausage to a very extensive exchange program and My most precious memories of Limerick between his fingers, which he waved about tries to ensure that at least half the students are a series of snapshots of my encounters like a cigar while emphasizing the merits in the law program are sent abroad. In with Irish people. Through these, I gained of particular candidates in the general return, NUS offers a curriculum that is a profound understanding of true kindness, election. geared toward international students. generosity of spirit and love of fun. From School was challenging for different My course work included classes such as the first day, our Irish landlords welcomed reasons, but the students were generous International Banking, Commercial my husband and I into their family, with their advice and help. I learned that Arbitration and Cross-Border dubbing us their “Canadian Cousins”. at some schools, reserved readings do Applications, and Conflict of Laws in I spent afternoons with their five year disappear on occasion from the library. Family Issues. I was expecting to be one old daughter as my new “study buddy”, I learned, while sweat poured down my of only a few exchange students, but this savouring the delights of Comparative back from running to make it on time, was not the case. There were some classes Competition Law while she boldly strug- that 9:00 a.m. classes were often deserted where the exchange students actually gled through her Irish lessons. As my at 9:05 a.m. I re-learned how to study for outnumbered the Singaporean students. husband and I became part of the neigh- closed book exams, and learned the hard Since the student body was so diverse this bourhood we were adopted by the gaggle way never to take two exams on the same made class discussion more enlightening. of young boys who played on the green day. I also learned to rely on myself and Going on this exchange also gave me after school. Oftentimes I had an honour to laugh at things over which I had no the chance to visit the neighbouring guard aged 6 through 10, escorting me out control. countries. Over the four months, I was of the housing estate in the mornings, I hope the lessons stay with me. able to visit Malaysia, Thailand, Vietnam regaling me with jokes. When they found and Hong Kong. The experience opened out I liked animals, they regularly brought my eyes to different cultures and I would their dogs and one very unwilling cat for like to be able to spend more time learn- me to pet. I felt like we had a new home. ing about Southeast Asia. Throughout our stay, we were the As we move toward globalization it recipients of countless invitations for becomes more and more important to meals and outings, sometimes from virtual have an understanding of different cultures. strangers who wanted us to see the sights. I believe that exchange programs are We spent evenings in pubs, never without excellent opportunities to foster that a drink (but not permitted to buy one) understanding. I highly recommend that debating topics ranging from why the students seize the opportunity to study Queen is on Canadian currency to the abroad. removal of Roy Keene as captain of the Irish World Cup Football team. One of my

LAW NEWS • SPRING 2003 PAGE 21 I have worked in many roles in my com- Current Home: Vancouver munity: managed the Cowichan Tribes Current Occupation: Lawyer, Regional Cultural Centre, worked in the education Managing Partner and Labour and Alumni Profile: department, and coordinated community Employment Practice Group Leader, planning at the Friendship Centre and McCarthy Tétrault LLP delivered peer counseling. I conducted legal Lydia research, worked at the law centre and Career Progression: worked for a local law firm. I also worked 1981—Associate with Cowichan youth in a variety of roles. 1985—Partner, Shrum, Liddle & Hwitsum Hebenton How did UVic and the study of law 1989—Partner, McCarthy Tétrault Year Graduated: prepare you for what you do now? LLP, upon merger 1997 I studied under both Satsan and Edward Current Home: John at the University of Victoria, earn- What led you to your current position? ing my Certificate in the Administration Duncan I practised labour and employment law, of Aboriginal Government and Diploma which involved me in a variety of human Current in Public Sector Management. I also resources and labour relations issues. Occupation: studied Native Law at the University of At the same time, I was always interested Board Member Saskatchewan and Conflict Resolution at in the business side of the practice of for the the Justice Institute of BC. I value the law. The combination seems to have International knowledge and skills that I gained at convinced my partners that I could serve Centre for UVic, combined with my Coast Salish them well in management/leadership Human Rights and Democratic traditional teachings. Development. positions. Career Progression: What do you enjoy the most about I have to appreciate that I have 1997 to 2001 Chief of the Cowichan what you do? only one perspective and set tribes Prior to law school, I worked extensively in of reactions to issues and 2002 elected to the First Nations my community. I speak, understand and Summit Political Executive remain a student of my traditional lan- controversies. guage, Hul’qumi’num. I enjoy my work and What led you to your current position? I am committed to my community and to How did UVic and the study of law seeking reconciliation in this province. After graduating from UVic’s Law prepare you for what you do now? School, I served as elected Chief of the The study of law encourages disciplined What are the greatest challenges? Cowichan tribes from 1997 to 2001, and and critical thinking, which in turn sup- in June of 2002, I was elected to the Tripartite Treaty Negotiations are a ports strategic thinking. At UVic, I was First Nations Summit Political Executive. significant challenge that I take very surrounded by very smart people from The First Nations Summit provides seriously. I continue to work at the very diverse backgrounds with a variety a forum for First Nations in BC to community level, building governance of perspectives. That helps to prepare for address issues related to treaty negotia- models and drafting a Cowichan managing/leading in a law firm, which, as tions as well as other issues of common Constitution. many have said, is like herding cats. concern. One hundred and forty BC First Nations currently participate at What do you enjoy the most about what 48 treaty negotiation tables in tripartite you do? negotiations with the provincial and Alumni Profile: At the risk of sounding really corny, the federal governments to reconcile best part of practising labour and employ- Aboriginal title with crown title. ment law is making a contribution to I also served on various boards and improving human resources and labour committees for First Nations and other Earl Phillips relations. It is often a bumpy and confronta- organizations, and I participated in the tional road, but that is what we are trying to Hul’qumi’num Treaty Group, representing Year Graduated: do and it makes the work worthwhile. In my Cowichan Tribes. Through treaty negotia- 1980 current management/leadership roles, I get tions, I secured recognition of Cowichan Hometown: my kicks watching, and sometimes helping title over cultural lands. I am presently Grew up in others to succeed in their careers. serving a second three-year term as Toronto but Board Member for the International moved to What are the greatest challenges? Centre for Human Rights and Vancouver at The biggest challenge is dealing with Democratic Development, holding the age 16 portfolio for Indigenous Peoples. people in the process of constant change. It continued on page 23

PAGE 22 LAW NEWS • SPRING 2003 “Alumni Profile” continued from page 22 1993-94 Vice President, Regulatory broadcasting and telecommunications was takes extra effort to listen and empathize Matters and Corporate Development, overwhelming, so I decided to leave the and truly understand the perspectives of CBC. CBC and to join Bell as an in house others. The range of human emotion and 1994-98 Vice President, Multimedia counsel devoted to getting Bell into the reaction is virtually limitless. I have to appre- Law and Regulation, Bell Canada. cable business. This included the removal of a legislative provision prohibiting Bell ciate that I have only one perspective and 1998-99 Vice President, Office of the from holding a broadcasting licence and set of reactions to issues and controversies. President, Bell Canada. the subsequent obtaining of a licence to 1999 Chief Regulatory Officer, Bell operate an experimental broadcast What advice do you have for current Canada. UVic law students? distribution business. I was then fortunate enough to spend just over a year working For those who want to pursue the practice What led you to your current position? in our then-president’s office, learning of law, I can assure them it is exciting, At UVic, I developed an interest for pub- about all aspects of the telecommunications challenging and richly rewarding. There lic law, particularly administrative law, and business. By the end of that experience, are not many vocations where you can be my year at the Supreme Court only served I had been exposed to virtually all aspects almost certain that each day will bring to reinforce this. While my initial plan had of telecommunications. I was subsequently something new. been to return to Vancouver to article at offered my current position of Chief The practice of law gives lots of scope one of the large firms there, my husband Regulatory Officer at Bell, where I am to pursue your interests and passions. Do and I decided that we were going to stay responsible for the oversight of all regula- that with diligence and integrity, and seek on in Ottawa. I therefore started to look tory issues including telecommunications to serve the best interests of your employer, around for a job that would allow me to law, broadcasting law, copyright law, clients and colleagues, and you will succeed

pursue my interest in administrative law. I competition law and self-regulatory issues. no matter how you measure your success. had originally assumed that I would work in a private law firm specializing in public How did UVic and the study of law law, but a friend of mine who was working prepare you for what you do now? at the Canadian Radio, Television and UVic provided a unique combination of Alumni Profile: Telecommunications Commission (CRTC) the practical and the theoretical. I was suggested I speak to the general counsel also taught how to analyse problems and about work there. I thought he might be find solutions, a skill that is absolutely Sheridan able to offer some interesting insights indispensable. Most importantly, UVic about law firms specializing in administra- stressed teamwork, an essential feature to tive law since the CRTC is one of the most activities in the business world. Scott major regulatory agencies in the country. The general counsel persuaded me that What do you enjoy the most about what work in the public sector was every bit as you do? Year graduated: interesting as work in the private sector. Each day presents unique and challenging 1981 When a job became available I applied and was accepted. At the CRTC, I devel- problems that call on knowledge about Hometown: oped a deep interest for communications legal frameworks, public policy concerns, Vancouver law, particularly the relationships between business issues and human relationships. Current Home: its many facets, broadcasting, telecommu- Ottawa nications, cable, and programme produc- What are the greatest challenges? Current tion. My practice covered all of those Making important decisions with limited Occupation: areas. However, I felt that one could never time and resources. Keeping up with all Chief Regulatory really understand the implications of the the changes in the communications sector Officer, Bell legal framework for communications if in Canada and around the world. Canada one did not become involved in the business. So when an opportunity presented What advice do you have for current Career Progression: itself, I left the CRTC for the CBC where UVic law students? 1981-82 Law Clerk to Bora Laskin, I spent two fabulous years in a non-legal Pursue something that you are passionate Chief Justice of Canada. job learning all about the social and about, never stop being curious, and make 1982-83 Bar admission course, Law economic issues associated with public good use of all of your class time. You will Society of Upper Canada. broadcasting. While at the CBC, I was be surprised when it comes in handy. 1983-92 Counsel; Senior Counsel, approached by Bell Canada, who was Canadian Radio, Television and looking for a communications lawyer to Telecommunications Commission. help them enter the broadcasting industry. The opportunity to return to the legal 1992-93 Assistant Vice President, profession and to further pursue my Planning and Business Development, interest in the relationship between CBC.

LAW NEWS • SPRING 2003 PAGE 23 ALUMNI GATHER ACROSS THE COUNTRY: VANCOUVER

Dean Andrew Petter, Sara Smyth (’01) and Jas Basra (’01).

Mark Underhill (’95).

(L to R) Christine Kowbel (’01), Pam Jefcoat (’01),Victoria Heasman (’00), Lisa Chamzuk (’00)

PAGE 24 LAW NEWS • SPRING 2003 ALUMNI GATHER ACROSS THE COUNTRY: VICTORIA

(l to r) Reidar Mogerman (’96),

Cathie Parker (’94) and Professor Chris Tollefson.

Simon Coley (’99).

Bradley Bryan (’98) and Associate Dean Cheryl Crane.

Sharon Walls (former UVic Law instructor in Legal Research and Writing) speaks with Professor Bob Howell.

(l to r) Mike Mulligan (’97), Brendan Dean Andrew Petter, Professor Emeritus Donovan Waters and McCombs (’01) and Caroline Bergeron (’02). Mark Horne (’78).

LAW NEWS • SPRING 2003 PAGE 25 Alumni Updates

1987 I. David Morrison 2001 David recently joined Munro & Crawford H. Peter Swanson (a general practice firm serving Kerrisdale Mark A. Hopkinson Peter recently joined the firm of and the greater Vancouver area since the Mark is currently an associate practicing Bernard & Partners in Vancouver. 1950s). David can be reached at intellectual property law at Oyen Wiggs He can be reached at [email protected]. Green & Mutala in Vancouver. Prior [email protected]. to joining OWGM, Mark completed a 1995 judicial law clerkship at the Federal Court 1993 in Ottawa. Mark was called to the Bars Melanie Johnson of Ontario and British Columbia in Marni MacLeod Melanie has been living on Maui with her 2002. He can be reached at Marni works as a contract lawyer providing husband, five-year-old daughter, and [email protected]. legal research, writing and file manage- two-year-old son, since spring of 2002. Jude Samson ment services for union-side labour law She works part time at Child and Family firms in Vancouver. Marni can be reached Service with youth in crisis, full time as a After clerking at the Federal Court of at [email protected]. mom, and is completing her Masters in Canada in Ottawa for a year, Jude recently Social Work at the University of Hawaii. returned to Vancouver to article at Lawson Melanie can be reached at Lundell. He can be reached at [email protected]. [email protected].

In Memoriam

The UVic Law Faculty is sad to report that alumni Brad Addison died of cancer at his home on September 2, 2002. Brad met his future wife, Lauri Ann Fenlon, at law school. They graduated together in 1983 and were later married and had three children, Kate, Sean and Marc. Brad practiced corporate-commercial law with Braidwood & Company, Guild, Yule and Company and DuMoulin & Boskovich before setting up his own practice. As Geordie Proulx has observed in a longer tribute to Brad published in The Advocate: “Brad was more than a fine and caring lawyer. He was a person who was fully engaged in his community life, his family and his work…. Brad managed to strike a marvelous balance between his professional, spiritual, family and community lives. Brad’s passing deeply affected those amongst his wide circle of friends. He will be missed.” The Faculty extends its sincerest condolences to Lauri Ann, their children, and all of Brad’s friends.

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