Quebec
Continued From Page 1
legal aid clientele) has increased
by 44.8 per cent over the past five
years, from $8,870 to $12,844 per
year, access to legal aid coverage
has actually diminished, points
out the Barreau study. Due to
increases over the past five years
in the minimum wage, fewer Quebecers are currently eligible for
legal aid services, according to the
Barreau. The legal aid threshold
of $12,844 for single individuals
represents 65 per cent of the
$19,813 that a Quebecer working
40 hours per week on the minimum wage earns (what the Barreau terms the “minimum salary”).
The study also reveals that the
monies the provincial government
has poured into legal aid has
barely increased over the past five
years. In fiscal 2009-2010, the
government spent $130.3 million
in legal aid, $4.6 million more
than in fiscal 2005-2006—a far
cry from its undertaking to invest
$30 million annually between
2006-2010.
According to the recently pub-
lished annual report of the com-
mission, it doled out nearly $42
million in fees and almost $6 mil-
lion in expenses to 2,086 lawyers
in private practice and 142 notar-
ies who handled more than
121,000 legal aid cases in fiscal
2009-2010. The commission also
paid almost $43 million for the
work of its staff of 360 lawyers,
who handled 105,000 cases in
that period.
Canada’s top law officials have
agreed there must be closer regula-
tion of the use of conducted energy
weapons (CEWs).
After they concluded their meeting
in Vancouver Oct. 15, the federal,
provincial and territorial ministers of
justice and public safety announced
that they have agreed on national
guidelines to support the develop-
ment of policies for the use of CEWs,
as well as on research priorities for
the testing and use of CEWs.
The ministers also said they would
sponsor a symposium next May in
Calgary on mental-health-related jus-
tice issues. They agreed as well to
“explore” making “protection of the
public” the paramount consideration
in Criminal Code Review Board deci-
sions on the status of persons found
not criminally responsible due to
mental disorder.
In addition, the provincial and terri-
torial ministers urged their federal
counterpart to boost Ottawa’s propor-
tional contribution to legal aid. Justice
Minister Rob Nicholson said he would
relay their concerns to the federal
Cabinet. Ministers also agreed that
the existing legal aid agreements for
criminal cases will be extended to
March 31, 2012.
Three times lucky
All quotes were translated from
French by the author.
CONTENTS
NEWS
A LANDMARK IP test case is a
‘bonanza’ for lawyers ...................1
Legal Aid & Pro Bono Law
GOVERNMENT BUDGET-
SLASHING cuts into legal aid.... 14
THE QUEBEC Barreau’s appeal
for broader access to legal aid is
snubbed.................................... 1
PRO BONO goes global ............. 15
RICHES, MCKENZIE & HERBERT LLP
PATENTS, TRADE MARKS, COPYRIGHT, LITIGATION
BARRISTERS & SOLICITORS - PATENT & TRADE MARK AGENTS
PAUL HERBERT, B.SC., PHM., R.PH, LL.B., J.D., PH.D. BRAN T 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. MICHAEL ADAMS, B.ENG. (MECH. ENG.), B.SC., LL.B.
BOBBY ATHWAL, B.A.SC. (MECH. ENG.), M.A.SC., LL.B., J.D.
MEETING THE challenges of pro
bono law.................................... 15
THE INTERJURISDICTIONAL
immunity doctrine gets new life
from the SCC ............................... 3
BUSINESS & CAREERS
TRADE MARK AGENTS LEONARD GROVE (1930-2006)
MARTA TANDORI CHENG
2 BLOOR ST. EAST, SUITE 1800
TORONTO, ONTARIO M4W 3J5
TELEPHONE: (416) 961-5000
FAX: (416) 961-5081
E-MAIL: riches@patents-toronto.com
ESTABLISHED 1887
MENTAL HEALTH at the office.. 20
FROM BAY Street litigator to
beauty product sales.................... 4
LAWYERS STAYING in touch with
alma mater................................. 21
AIDSBEAT GOES Mod............... 26
Ottawa has tabled yet another bill
to harmonize federal statutes with
Quebec civil law.
Introduced into the Senate on
Oct. 20, Bill S- 12 would change a
dozen statutes, including the Canada
Business Corporations Act and the
Expropriation Act. This is the third
harmonization bill to be introduced
by the federal government as part of
the harmonization work started by
the Department of Justice after the
Civil Code of Québec came into
force in 1994.
Harmonization changes ensure
that federal legislation integrates the
terminology, concepts and institu-
tions of Quebec civil law. French
common law terminology is also
taken into account.
OPINION
PODCASTS for lawyers, law firms
to develop ‘strong bonds’........... 22
IN HOUSE COUNSEL
The Lawyers Weekly
Disciplinary measures
JOHN CARPAY .......................... 5
FOCUS
Insurance Law
AUTO INSURANCE as a social
contract...................................... 9
THE BENEFITS of advance
payments to plaintiffs................. 10
Find the latest issue
NOW
in your copy of
DEPARTMENTS
INSURANCE COVENANTS and
landlord-tenant claims................ 11
COURT LIMITS B.C.’s recovery of
health care costs ....................... 12
FORMATION AND language
matter equally in insurance
contracts .................................... 12
Announcements. . . . . . . . . . . 23
Careers . . . . . . . . . . . . . . . . . 21
Classified Ads . . . . . . . . . . . . 19
Lawddities. . . . . . . . . . . . . . . 11
Legal Briefs. . . . . . . . . . . . . . .2
Letter to the Editor . . . . . . . . . 5
Names in the News. . . . . . . . . 4
Weekly Digest. . . . . . . . . . . . 16
Rating law firms
White-collar crime
Google in-house
FEATURES
Global teamwork
In-house world summit
Office makeover
Changes to how Canada’s 1,100
federally appointed judges discipline
themselves kicked in Oct. 14.
The new by-laws of the Canadian
Judicial Council affect how the coun-
cil’s judicial conduct panels and public
inquiry committees review allegations
of judicial misconduct.
In a case where a complaint is
referred to a panel of three or five
judges for consideration, the panel is
now authorized, on behalf of the
council of chief justices, to constitute
a public inquiry committee when the
matter is deemed potentially serious
enough to warrant the judge’s remov-
al. After a public inquiry committee
has reported back to the full council,
the judge can make written submis-
sions to the council about that report.
