The Lawyers Weekly - June 18, 2010

NSBS
Continued From Page 2

risters’ society had done with the provincial government and ISIS specifically looking at the issue of internationally trained lawyers. “It became very clear that we needed to think more broadly. Immigration lawyers are only one small part of the newcomer community. We wanted to do more with this community,” Pink said.

This is not the NSBS council’s first foray into the community. Indeed, reaching out has become a spring ritual. Last year, for instance, council met at Auburn Drive High School in Cole Harbour to delve into issues related to youth justice— with youth. The previous year council met at the Mem-bertou First Nation community in Cape Breton.

Doing the best possible job is
driving the society to step out-
side the boardroom. “The soci-
ety’s mandate is to promote and
protect the public’s interest in
the practice of law. In order to
adequately protect the public’s
interest, we need to know what
the public’s interest is,” said
Halpern.

“It has taken us one
small step closer to
addressing issues
pertaining to
newcomers accessing
the justice system.
The society’s community
presence is much more than
optics. “Access to justice is a
strategic priority for the soci-
ety,” said Pink. “We think we can
make a difference by letting
people know who we are and
what our role is.”
The approach is unusual. “I
think we are unique,” Pink said.
“I have raised this issue with my
colleagues [across the country].
They are interested, but no one
has moved in this direction.”
It’s a move that resonates with
the public. Feedback from partici-
pants at the most recent spring
session was heartfelt. Newcomers
said it was so nice to be heard,
noted Halpern. “[They said] it’s
nice to meet with lawyers and see
that they are human beings.”
The session is also breaking
new ground for newcomers and
legal practitioners, she noted.
“It has taken us one small step
closer to addressing issues per-
taining to newcomers accessing
the justice system.”
That small step involves the
NSBS taking the lead in looking
at how other agencies within the
justice system connect with the
newcomer community. “We don’t
have a plan yet,” Pink said, “but
we have agreed to start developing
one. It’s part of our work in
enhancing access to justice.” ;

Minister is confident new law will allow for disclosure

AG
Continued From Page 3
stop the skirmishing. “If legisla-
tion goes through, it should be
smooth sailing going forward,”
Lapointe said. “It actually solves
the problem. It’s what I’ve been
saying for a long time now.”
The government also has
another legal basis for its limited
waiver position. “The courts are
reluctant to waive privilege par-
tially. At the same time, the
courts have recognized there is a
public policy reason why you
should be able to reveal some
information and not others,”
said Rilkoff.
Indeed, said Foulds, “there
would seem to me to be a public
policy reason to keep the privil-
ege alive.”
The finance minster is confi-
dent the amended legislation
will allow for disclosure—and
confidentiality. “We will ensure
that the auditor general can
effectively and efficiently carry
out his duties under the act
while at the same time pro-
tecting the ability of cabinet,
departments and government
agencies, boards and commis-
sions to receive the best advice.”
The government is not alone
in its conviction that legislation
is the best option. Ontario has a
limited waiver provision in its
legislation; most other prov-
inces, however, do not. They all
follow the same pattern as Nova
Scotia when issues of privilege
arise. “None, or almost none of
the other jurisdictions share
this information with their aud-
itor general in the absence of
legislation,” Steele said.

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