The Barristers’ Society
held its innovative
community meeting
DONALEE MOULTON HALIFAX
When law societies bring
their council members together,
boardrooms are traditionally
the preferred venue. The Nova
Scotia Barristers’ Society, however, has established a new
tradition.
Once a year council members
reach out to the community — literally. Recently, for
example, council members met
face to face with members of the
newcomer community.
Speaking 21 different languages, an estimated 90 newcomers to Nova Scotia spent
half a day discussing access to
justice with council members
and service providers. Nine
interpreters and a “graphic
recorder” assisted in the conversation as the group explored
solutions for reducing barriers
to navigating the justice system
in a new country.
The event, entitled No Holds
Barred, was hosted by a group
of community and legal organ-
izations known as The Legal
Workshop Team, which
includes the barristers’ society.
The venue of choice: a local
community centre in the city’s
west end.
Federal Immigration Minister
Jason Kenney tabled a bill in the
Commons June 8 that would allow
his department to disclose informa-
tion relating to the ethical or profes-
sional conduct of a member of a
provincial Bar or the Chambre des
notaires du Québec, or the conduct
of a member of the Canadian
Society of Immigration Consultants,
to their respective regulators.
Kenney said he is also addressing
the public’s lack of confidence in the
regulation of non-lawyer immigration
consultants by launching a transpar-
ent public selection process to iden-
tify a governing body to recognize as
their regulator. In addition, the
Cracking Down on Crooked
Consultants Act (Bill C-35) would
close a loophole by making it a crime
for unauthorized individuals to provide
immigration advice for a fee at any
time — including before an
Immigration and Refugee Protection
Act proceeding has started or an
application has been submitted.
Privacy report
Christina Chui and Huwaida Medani at a Barristers’ Society community event
that explored the issue of access to justice with newcomers to Nova Scotia.
CONTENTS
NEWS
A NOVEL $51-million class action
contends a commercial database
of court filings infringes lawyers’
copyright ...................................... 1
ATTACKING THE mediation
fortress of confidentiality............ 10
TIPS ON how to handle the new
mandatory mediation rules......... 11
THE CHIEF prosecutor resigns
from the Bastarache judicial
nominations commission.............. 1
Environmental Law
DEALING WITH spills................ 14
NOVA SCOTIA’S Barristers’ Society
reaches out to newcomers ..........2
HOW LETTERS of credit help
resolve environmental disputes.. 14
Complaints to the federal Privacy
Commissioner under the Personal
Information Protection and Electronic
Documents Act (PIPEDA) plunged in
2009, Privacy Commissioner Jennifer
Stoddart discloses this month in her
annual report to Parliament.
Stoddart’s office received 231 new
PIPEDA complaints last year, down
from 422 in 2008. She attributed the
decline partly to staff’s new practice
of encouraging would-be complain-
ants to try to resolve issues directly
with organizations before making for-
mal complaints. She said there was a
monthly average of 425 new inquiries
to her office about PIPEDA issues on
everything from how to ask an organ-
ization for personal information to
whether a particular company was
entitled to collect a digital fingerprint.
Her office’s backlog has been elim-
inated. The commissioner closed 587
complaints in 2009 — up from 412
the year before.
BUSINESS & CAREERS
NOVA SCOTIA’S government will
introduce limited waiver to release
info to the auditor general............ 3
PHOTOS COURTESY OF THE NOVA SCOTIA BARRISTERS’ SOCIETY
Lawyer Christa Brothers (5th from left) sits with participants at the Nova
Scotia Barristers’ Society’s yearly spring meeting in the community.
Appealing reforms
USING SOCIAL media safely..... 21
LAW FIRM general counsel....... 23
DICK POUND on law and sport ... 4
OPINION
JEFFREY MILLER....................... 5
Clarification
An article in our May 28 issue concerning a competition to head the Law
Society of Upper Canada described candidate Laurie Pawlitza as a director of
LawPRO, the law society’s insurer. In fact, she is a former director, having resigned
in 2009.
FOCUS
Alternative Dispute Resolution
BAHRAIN OFFERS an international
arbitration “free zone”.................. 9
DEPARTMENTS
PROVINCIAL LIMITATION periods
bar enforcement of foreign arbitral
awards ......................................... 9
RICHES, MCKENZIE & HERBERT LLP
PATENTS, TRADE MARKS, COPYRIGHT, LITIGATION
BARRISTERS & SOLICITORS - PATENT & TRADE MARK AGENTS
PAUL HERBERT, R. PH, B.SC., PHM., LL.B., PH.D. BRANT LATHAM, B.A.SC. B.SC. (CHEM. ENG.), LL.B.
DAN HITCHCOCK, B.ENG. (ELEC. ENG.), LL.B. GARY M. TRAVIS, B.SC. (GEOL.), LL.B.
JEFF PERVANAS, B.A.SC. (ENG. SCI.), LL.B. JASON LEUNG, B.SC. (GENETICS), J.D.
MICHAEL ADAMS, B.ENG. (MECH. ENG.), B.SC., LL.B. BOBBY ATHWAL, B.A.SC. (MECH. ENG.), M.A.SC., LL.B., J.D.
SPORTS ARBITRATION resolves
conflict while preserving
relationships ............................. 10
Careers . . . . . . . . . . . . . . . . . 22
Classified Ads . . . . . . . . . . . . 19
Lawddities. . . . . . . . . . . . . . . 16
Legal Briefs. . . . . . . . . . . . . . .2
Names in the News. . . . . . . . . 4
Weekly Digest. . . . . . . . . . . . 17
TRADE MARK AGENTS LEONARD GROVE (1930-2006)
MARTA TANDORI CHENG TELEPHONE: (416) 961-5000
2 BLOOR ST. EAST, SUITE 1800 FAX: (416) 961-5081
TORONTO, ONTARIO M4W 3J5 E-MAIL: riches@patents-toronto.com
The Canadian Bar Association has
lauded a recent all-party deal that
will give all failed refugee claimants a
full right of appeal on the merits to a
new Refugee Appeal Division of the
Immigration and Refugee Board,
including people from countries that
are designated “safe” by the federal
government.
Amendments to Bill C- 11 made
June 9 by the Commons committee
studying proposed reforms to the
Immigration and Refugee Protection
Act also removed a contentious pro-
vision which restricted refugee claim-
ants from seeking protection on
alternate humanitarian and compas-
sionate grounds. MPs also agreed in
committee on new provisions estab-
lishing criteria for the designation of
“safe countries.”