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SR Vol 26 No 2, April 2008 - Nova Scotia Barristers' Society

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the<br />

SOCIETY<br />

RECORD<br />

VOLUME <strong>26</strong> | NO. 2 | ApRIL <strong>2008</strong><br />

NOVA SCOTIA<br />

BARRISTERS’ SOCIETY<br />

www.nsbs.org<br />

<strong>Vol</strong>unteer Issue<br />

Terry Bartlett Visser of DVL Law gives kids<br />

and literacy a boost at her local area school<br />

(Photo by Catherine Neily/NSBS)<br />

VISION, LEADERSHIP, EXCELLENCE – THE LEGAL PROFESSION IN NOVA<br />

<strong>April</strong> <strong>2008</strong><br />

SCOTIA<br />

1


Forensic Engineering Services<br />

for Civil Litigation Lawyers<br />

Geotechnology Ltd. is a consulting engineering firm that provides forensic civil engineering, geotechnical, foundation<br />

and environmental engineering services to civil litigation lawyers and insurance personnel.<br />

Forensic Engineering Experience<br />

Geotechnology has 36 years engineering investigative experience in Atlantic Canada, western and northern Canada,<br />

offshore, and overseas in the UK, Australia and the Caribbean.<br />

We have investigated and determined the cause, and assisted in establishing fault, for the six main types of problems and<br />

damage experienced by buildings, civil engineering structures, and property: 1. Structural Collapse and Failure; 2.<br />

Architectural Finish; 3. Functional and Serviceability; 4. Hidden Damage; 5. Monetary Losses, Construction Delays and Cost<br />

Overruns; and, 6. Environmental Contamination.<br />

Engineering and environmental investigations have been completed for most types of civil engineering structures: Buildings;<br />

Bridges; Wharves and Harbour Works; Towers, Storage Tanks; Dams; Pipelines; Drainage Works; Embankments and<br />

Earthworks; Tunnels; Highways; and Motor Vehicle and Industrial Accidents.<br />

Professional Qualifications<br />

Eric Jorden, M.Sc., P.Eng., president of Geotechnology Ltd., has a Master’s degree in geotechnical and foundation<br />

engineering from the University of Birmingham, England. He has a first degree in civil engineering from the University of<br />

New Brunswick, and a diploma in land surveying from the College of Geographic Sciences, NS.<br />

Mr. Jorden writes impartial, unbiased reports and opinions based on the facts. His reports are clear, concise and easily<br />

understood by non-technical readers. He has published a number of engineering papers and co-authored a book on soils,<br />

groundwater and foundation investigation. Mr. Jorden has been qualified by the courts as an expert witness. He is credible<br />

and composed when giving expert testimony, and under cross-examination.<br />

Forensic Engineering Services<br />

(Case management follows project management principles to ensure thorough, cost effective forensic engineering<br />

investigations).<br />

1. Preliminary Forensic Engineering Services<br />

• Assess the technical strengths, weaknesses and merits of a claim for damages based on existing data and<br />

information. Outline the scope of a thorough investigation of the problem, if justified by the initial assessment.<br />

2. Main Forensic Engineering Services<br />

• Carry out field work and laboratory testing to investigate the cause of the problem, the damage to a building or<br />

civil engineering structure, or the reason for the contaminated soil and groundwater. Review engineering<br />

drawings, and applicable engineering and environmental regulations, codes and standards of good practice.<br />

• Analyze, interpret and evaluate the data and investigation findings. Develop conclusions and formulate opinion.<br />

• Determine the cause of the damage, or the reason for the contamination.<br />

• Recommend and design repair and remedial work. Evaluate repair and remedial costs.<br />

3. Additional Forensic Engineering Services<br />

• Assist counsel finalize evaluation of the strengths and weaknesses of the damage claim based on the findings of<br />

the forensic engineering investigation.<br />

• Help develop litigation strategy for discovery and trial; litigation support.<br />

• Develop lines of questioning for testimony and cross-examination, including questions not to ask.<br />

• Attend discovery and trial, assist counsel by listening to opposing witnesses and experts, identify flaws and errors,<br />

and the strengths and weaknesses of opposing testimony, develop additional lines of questioning.<br />

• Testify as an expert witness at discovery and trial<br />

• Review and audit engineering investigations and environmental assessments and reports by others; dispute resolution.<br />

More Information<br />

Contact Eric Jorden, M.Sc., P.Eng. at Geotechnology Ltd. for more information: Curriculum vitae;<br />

fees; publications and major reports; list of forensic engineering and major investigations; typical<br />

engineering investigations for design and construction, and environmental assessments for site<br />

remediation; professional activities; technical associations.<br />

Geotechnology Ltd.<br />

Forensic Engineers<br />

Civil, Geotechnical, Foundation and Environmental Engineers<br />

23 Roslyn Dr., Dartmouth, <strong>No</strong>va <strong>Scotia</strong>, Canada B2W 2M2<br />

Tel: (902) 435-4939<br />

Fax: (902) 435-5840<br />

E-mail: ejorden@eastlink.ca<br />

Eric Jorden, M.Sc., P.Eng.<br />

Forensic Engineer<br />

Consulting<br />

Professional Engineer<br />

2 The <strong>Society</strong> Record


Contents<br />

VOLUME <strong>26</strong> | NO.2 | APRIL <strong>2008</strong><br />

the<br />

<strong>Society</strong><br />

Record<br />

is published four times<br />

annually by the<br />

<strong>No</strong>va <strong>Scotia</strong><br />

Barristers’ <strong>Society</strong><br />

Suite 1101-1645<br />

Granville Street<br />

Halifax, NS B3J 1X3<br />

(902) 422-1491<br />

Copyright ©2007<br />

Mailed under<br />

Canada Post<br />

publications agreement<br />

number 40069255<br />

Return undeliverable<br />

Canadian addresses to:<br />

Publications<br />

Administrator,<br />

<strong>No</strong>va <strong>Scotia</strong><br />

Barristers’ <strong>Society</strong><br />

Suite 1101,<br />

1645 Granville Street<br />

Halifax NS B3J 1X3<br />

lneily@nsbs.org<br />

5 President’s View<br />

6 Briefs<br />

10 <strong>Society</strong> News<br />

12 From the desk of the <strong>Society</strong>’s Equity Officer<br />

13 Comic Relief – Ann Marie MacInnes<br />

14 A Natural Progression – Alanna Robinson<br />

16 An Exceptional Place – Bianca Krueger<br />

17 Paying it Forward in Antigonish – Carole Gillies, Q.C.<br />

18 A Natural Fit – Gregg W. Knudsen<br />

20 Spreading the Good Word – Jasmine Walsh<br />

Pullout section — <strong>Vol</strong>. 33, <strong>No</strong>. 2 <strong>No</strong>va <strong>Scotia</strong> Law News<br />

21 Community-Based Giving – Hugh Robichaud<br />

22 Mastering the Juggling Act – Jessica Lyle<br />

23 Too Close to Home – Joel Sellers<br />

25 LIANS<br />

<strong>26</strong> Answering a Wake-up Call – Karen Kinley<br />

27 A Truly Rewarding Challenge – Leah (Tinkham) Rimmer<br />

28 A Quest for Excellence – Level Chan<br />

29 An Appalling Statistic – Martina Munden<br />

30 Performing Hearts – Melanie Perry<br />

31 A Matter of Integrity – Royden Trainor<br />

32 In Pursuit of Love – Michael Messenger<br />

34 A Rewarding Addiction – Tanya Jones<br />

37 A Positive Approach – Terry Bartlett Visser<br />

inside<br />

Editor:<br />

Pam Sullivan<br />

psullivan@nsbs.org<br />

Graphic Design:<br />

Lisa Neily<br />

lneily@nsbs.org<br />

page 13 page 20 page <strong>26</strong> page 32<br />

NOVA SCOTIA<br />

BARRISTERS’<br />

SOCIETY<br />

www.nsbs.ns.ca<br />

<strong>April</strong> <strong>2008</strong> 3


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Your privacy is important to us. LexisNexis Canada uses your information only for the specific purposes for which you have provided it to us and does not provide this information to third parties.<br />

The information you provide to us may be used to notify you of special offers, updated information, and new products and services from LexisNexis Canada. LexisNexis and the Knowledge Burst<br />

logo are registered trademarks, and lawyers.com is a service mark, of Reed Elsevier Properties Inc., used under licence. © <strong>2008</strong> LexisNexis Canada Inc. All rights reserved.<br />

4 The <strong>Society</strong> Record


Thank you<br />

As i write this, i am mindful that i am entering my last<br />

quarter-mile lap as President. While i don’t doubt that<br />

my clients (and office staff) will be appreciative of a little<br />

more of my time soon being available, i must admit that i will<br />

be sorry to see the end of this chapter of my professional life. i<br />

can’t think of a better issue for my last column than one devoted<br />

to highlighting the wonderful volunteer work our members have<br />

done, and continue to do, in communities throughout <strong>No</strong>va<br />

<strong>Scotia</strong>.<br />

the<br />

president’s<br />

view<br />

So, what are a few of the memorable moments to date that i<br />

will take away from this year i would have to say i am proudest<br />

of the commitment council members have shown this past<br />

year in carrying out the work of the <strong>Society</strong> on your behalf. As<br />

volunteers themselves, this is their way of giving back to our<br />

profession – and their good work is to be commended. it was a<br />

turnover year, so getting to know each other, and harnessing a<br />

united sense of purpose was one of our initial challenges; and<br />

without exception, they rose to the occasion. The Testimonial<br />

dinner, held in January (a sold-out event), highlighted for me<br />

the importance of the collegiality our bench and bar enjoys<br />

and celebrates – and rightfully so. The many times i met with<br />

members across the province, whether in large firms or small,<br />

and with varied experience levels and practices, reinforced for<br />

me the strength of our common convictions with respect to the<br />

values of our profession.<br />

in January, council approved a set of governance policies which<br />

document the responsibility and accountability of council, the<br />

role and expectations for volunteers and Management, and the<br />

manner in which all of the above work together for the common<br />

purpose of the <strong>Society</strong> – namely regulating the practice of law<br />

in the public interest. We have been challenged this year on<br />

what that really means – after all, this has been a year of Philip<br />

Slayton’s “Lawyers are Rats,” and the publication (december<br />

07) by the competition Bureau of a report reviewing how well<br />

lawyers (and others) regulate themselves, and what we should<br />

consider by way of improvements to the way we self-regulate.<br />

Law societies across the country are listening, and responding<br />

to the challenge advanced to them.<br />

i have had many occasions to attend the county Bars which span<br />

the province, and have always been impressed with the interest<br />

shown by members in the issues of the <strong>Society</strong>. Although there<br />

is no formal county Bar for Halifax, i attended four meetings<br />

with members in HRM, which included government lawyers and<br />

members of the private bar, to talk about the work that the <strong>Society</strong><br />

is called upon to do, and to invite both volunteer participation<br />

in committee work, and input into the issues we debate around<br />

the council table.<br />

So, from a sole practitioner in Halifax, to all members across<br />

<strong>No</strong>va <strong>Scotia</strong>, whether in big firms or small - thank you for this<br />

opportunity. i will always wear my council pin proudly, and<br />

recommend you consider where or how you might also volunteer,<br />

whether it be through a contribution of your time to the good<br />

work of the <strong>Society</strong>, or to the larger community within which you<br />

live and practice.<br />

Catherine S. Walker, QC<br />

This year has both challenged and expanded my comfort zones,<br />

and reinforced for me how rich we are in <strong>No</strong>va <strong>Scotia</strong> in our<br />

justice system, and what a privilege it is to have the opportunity<br />

to contribute to its constant state of change and improvement.<br />

<strong>April</strong> <strong>2008</strong> 5


BrieFs<br />

M e M b e r s o n t h e e d g e<br />

dALHouSie LeGAL Aid SeRvice<br />

has been working with diverse<br />

communities since we signed<br />

our Trust indenture in 1970. We<br />

are committed to supporting<br />

marginalized communities, and<br />

work tirelessly on law reform<br />

projects that can meet the needs of<br />

these communities.<br />

We’re also a teaching clinic that<br />

sees a group of 16 law students<br />

come through the doors every four<br />

months. These students are eager<br />

to learn and do, and are themselves<br />

a diverse group. How can dLAS<br />

ensure that all our students develop<br />

a good understanding of the<br />

diversity of our clients, and of how<br />

to be allies of these communities<br />

enter Keli Bellair and Simon Moll<br />

from the Anti-oppression youth<br />

education Project. This winter, Keli<br />

and Simon facilitated a two-day<br />

workshop with the students on<br />

approaches necessary for an antioppressive<br />

practice of law. Simon<br />

explains how he and Keli developed the Project: “Keli and i<br />

were both involved with grassroots social justice organizations<br />

that wanted to develop their own understanding of how to<br />

engage in anti-oppression work. This sparked our interest in<br />

educating ourselves on this issue, and from there it evolved<br />

into opportunities for us to actually facilitate anti-oppression<br />

workshops.”<br />

The workshop Keli and Simon facilitated with our students<br />

involved a detailed discussion and consideration of power and<br />

privilege, a review of the <strong>No</strong>va <strong>Scotia</strong> Barristers’ <strong>Society</strong> ethics<br />

handbook, and development of strategies for becoming an ally.<br />

Keli Bellair from the Anti-Oppression Youth Education Project<br />

The students were pushed and prodded and stretched and<br />

challenged during those two sessions. We think it was an<br />

absolute success, and continue to see the students applying the<br />

principles they learned to their practice of law. Thanks to Keli<br />

and Simon for facilitating such an important, and inspiring,<br />

workshop!<br />

For more information on the Anti-oppression youth education<br />

Project, please contact Keli Bellaire at keli@resist.ca.<br />

6 The <strong>Society</strong> Record


BrieFs<br />

<strong>2008</strong> Testimonial Dinner<br />

The five newly-appointed Justices honoured at the <strong>2008</strong> Testimonial Dinner<br />

Gail Rudderham Chernin Q.C., the Honourable Chief Justice<br />

Joseph P. Kennedy and Philip Star, Q.C.<br />

oN JAN. 11, <strong>2008</strong>, THe SocieTy Ho<strong>No</strong>uRed Five NeWLyappointed<br />

Justices: The Honourable Justice Wyman W. Webb;<br />

The Honourable Justice N.M. (Nick) Scaravelli; The Honourable<br />

Justice valerie A. Miller; The Honourable Justice Lawrence i.<br />

o’Neil; and the Honourable Justice Patrick J. duncan. over<br />

300 lawyers and judges attended this sold-out event where the<br />

honourees were feted in a spirit of fun, humour, and collegiality.<br />

IMLA 2007 Canadian Scholarship recipient<br />

MARK RieKSTS, dePARTMeNT oF JuSTice, LeGAL SeRviceS<br />

division, was named the 2007 canadian Scholarship recipient<br />

by the international Municipal Lawyers’ Association (iMLA). As<br />

the canadian Scholarship recipient for 2007, Mark presented<br />

his paper “Payments in Lieu of Taxes – A Legal Perspective”<br />

at iMLA’s annual conference in Nashville, Tennessee, october<br />

28-31, 2007.<br />

<strong>April</strong> <strong>2008</strong> 7


BrieFs<br />

Call to the Bar<br />

Naiomi (far left) taking her Declaration of Admission at the March 7th Call to the Bar<br />

oN MARcH 7TH, <strong>2008</strong> NAioMi<br />

Metallic was admitted as a lawyer<br />

to the <strong>No</strong>va <strong>Scotia</strong> bar. Ms. Metallic<br />

is the first person admitted to the<br />

<strong>No</strong>va <strong>Scotia</strong> bar to take her declaration<br />

on Admission in three languages:<br />

english, French and Mi’gmaq.<br />

Naiomi received her LL.B. from<br />

dalhousie Law School and her LL.L<br />

from the university of ottawa. Between<br />

2006-2007 she worked as a<br />

law clerk for the Honourable Justice<br />

Michel Bastarache of the Supreme<br />

court of canada, before returning to<br />

<strong>No</strong>va <strong>Scotia</strong> to complete her articles<br />

with Burchell Hayman Parish, where<br />

she continues to work – though now<br />

as an associate lawyer.<br />

IB&M Minister’s<br />

Reception<br />

THe 8TH ANNuAL iB&M Minister’s<br />

Reception was held on<br />

January 23rd at the Art Gallery of<br />

<strong>No</strong>va <strong>Scotia</strong>. This event, hosted<br />

this year by the Honourable cecil<br />

clarke, Minister of Justice<br />

and Attorney General, is held for<br />

dal iB&M and other Black and<br />

Aboriginal students/alumni.<br />

The iB&M initiative was established<br />

at dalhousie Law School<br />

in 1989 with the purpose of reducing<br />

structural and systemic<br />

discrimination by increasing the<br />

representation of indigenous<br />

Blacks and Mi’kmaq in the legal<br />

profession.<br />

Burtley Francis and Ted Tax<br />

Chief Justice Michael MacDonald & M. Gerard Tompkins Q.C.<br />

8 The <strong>Society</strong> Record


BrieFs<br />

Thanks to all of the Skills Course <strong>Vol</strong>unteers<br />

The <strong>Society</strong> wishes to extend a huge thank you to all of the lawyers and judges who volunteer with the Bar Admission Skills Course.<br />

Do their contributions make a difference Here’s what some of this year’s articled clerks had to say:<br />

The practitioners who volunteered their time, experience, and<br />

knowledge, contributed significantly by helping us to develop<br />

many of the practice skills that are not included as part of the law<br />

school curriculum. The increased level of confidence that many<br />

bar course participants experience following the completion of<br />

the program is very much attributable to the assistance provided<br />

by these volunteers.<br />

– Ian Joyce, Blois Nickerson & Bryson<br />

The feedback and evaluations by all the volunteers was<br />

invaluable in making the Skills course a successful educational<br />

experience. your experience and advice are greatly appreciated.<br />

– Bradley A. Bates, McInnes Cooper<br />

i particularly enjoyed the Skills course sessions on introducing<br />

exhibits. our speaker, James Martin, gave an excellent overview<br />

of the procedural rules surrounding exhibits, as well as how<br />

to avoid common problems. The volunteers who watched us<br />

make what might be our first attempt at introducing an exhibit<br />

demonstrated a great deal of patience. After just a few attempts<br />

i felt more confident, and i hope they noticed as big a difference<br />

as i did.<br />

– Sarah Pottle, Cox & Palmer<br />

i was charged with the task of discovering John Smithers [at<br />

a mock discovery] and it was one of the best experiences i had<br />

during the course. John made me work hard to get the answers i<br />

was after. John constructively criticized my performance and he<br />

did it in such a positive way, i walked out feeling energized and<br />

confident. What i learned professionally though the experience, i<br />

will put to use every time i do a discovery. Thank you to John and<br />

all of the incredible volunteers.<br />

– Don Grant, MacIntosh MacDonnell MacDonald<br />

[deborah Gillis, Q.c.] volunteered to be the opposing party<br />

[at my] mock discovery. She gave extremely useful comments<br />

after the exercise. She gave all of the clerks her card and made<br />

us all aware that we were welcome to call her for any reason<br />

after the bar course was over. upon my return to my law firm, i<br />

was assigned the task of doing research on conflicts for a lunch<br />

and learn with both lawyers and staff. i called Ms. Gillis. She<br />

remembered who i was and was more than happy to assist me<br />

with useful resources and suggestions. She drove an hour out<br />

of her way to come and speak to the firm on a day’s notice. Ms.<br />

Gillis’s efforts certainly left an impression on me and made me<br />

feel secure that the legal community in <strong>No</strong>va <strong>Scotia</strong> offers young<br />

lawyers the assistance they need at the start of their careers.<br />

– Beth Newton, Patterson Law<br />

i was fortunate enough to take the bar course when a highprofile<br />

criminal trial was taking place at the Provincial court on<br />

Spring Garden Road. our class was able to see david Bright, Q.c.<br />

do a direct examination on his client. one week later, Mr. Bright<br />

was standing at the front of our bar course classroom educating<br />

roughly twenty-five articled clerks on just about anything we<br />

wanted to know about trial advocacy. These volunteers must<br />

know we truly appreciate them taking the time out of their busy<br />

schedules to help us get a glimpse of what practising law is really<br />

like. They don’t expose us to this stuff in law school!<br />

– Alex Pink, Pink Star Murphy Barro<br />

My moot court experience was fantastic. in addition to<br />

building my litigation skills, my moot court group was fortunate<br />

to receive detailed and insightful feedback from our moot court<br />

judge, chief Justice Macdonald. From my perspective, moot<br />

court was the highlight of the bar course.<br />

– Maggie Stewart, Stewart McKelvey<br />

<strong>April</strong> <strong>2008</strong> 9


society<br />

news<br />

ADMISSIONS & PROFESSIONAL DEVELOPMENT<br />

FINANCE & ADMINISTRATION<br />

ouR LAWyeRS LeARNiNG iNiTiATive (LLi) WAS LAuNcHed<br />

in February, and will involve over 100 lawyers, clients,<br />

professionals and staff before the project is through. The LLi is<br />

an exciting outreach initiative aimed at instilling and supporting<br />

a culture of competence in the legal profession, ensuring that our<br />

membership is best equipped to meet the needs of these rapidly<br />

changing times. Through exploring six different streams: Lawyers,<br />

Leadership and excellence, Prosperous Living/Prosperous<br />

Practice, Trust and the Law, Technology and the Law, diversity and<br />

the Law, and Recruitment and Retention/intergenerational change<br />

we will gain new insight, data, and tools that will form the basis<br />

of the <strong>Society</strong>’s continuing Professional development approach<br />

and curriculum. Additionally, the process will yield important<br />

insights about the profession, strategies for successful practice,<br />

and significant networking opportunities for participants.<br />

The online Land Registration Act course will launch this spring,<br />

offering lawyers the opportunity to take the course when they<br />

need it, and from the comfort of their own offices. dates will be<br />

posted as they become available.<br />

We are presently actively developing our education program<br />

for the new civil Procedure Rules. All practising lawyers will be<br />

required to complete an online review of the Rules and those<br />

practising more than 20 per cent in the area of civil Litigation<br />

will need to complete a 7-hour course. These will be offered in<br />

the fall in all parts of the province by a wide variety of providers.<br />

Members will receive regular updates through inForum.<br />

our Lunch & Law seminars continue to be a popular and<br />

convenient way to gain access to education and networking for<br />

our members, with more than half a dozen lunch programs on<br />

topics including immigration, law firm finance, ethics, criminal<br />

law, drafting, foreclosures, judgments and changes to the Real<br />

estate Brokerage industry since december. in addition to the<br />

teleconference option we have recently introduced a Webinar<br />

feature which enables remote participants to follow along with<br />

the presentation on their computer. if you have a topic you would<br />

like to see in a lunch and law seminar, please let us know.<br />

oveR THe NeXT SeveRAL MoNTHS, THe TRuST AccouNTS<br />

committee will be considering changes to the <strong>Society</strong>’s Trust<br />

Account Monitoring process. The committee has received a<br />

synopsis of the approach used by the other Law Societies across<br />

canada and will be considering whether changes to the <strong>No</strong>va<br />

<strong>Scotia</strong> Barristers’ <strong>Society</strong>’s system are warranted.<br />

The Trust Account committee is also working on modifications<br />

to the existing regulations to ensure that the regulations provide<br />

the level of protection expected of the <strong>Society</strong> while matching the<br />

operational realities of Lawyers’ practices. Any regulation changes<br />

will be approved by council and will appear in future council<br />

Highlights.<br />

The canadian Payments Association is planning to do away<br />

with the return of cancelled cheques. in their stead, financial<br />

institutions will provide customers with digital images of the<br />

cheques. A task force of representatives of law societies from<br />

across the country is working to ensure there will be sufficient<br />

appropriate audit evidence to support transactions through<br />

lawyers’ trust accounts. in any event, this change will require<br />

another change in the <strong>Society</strong>’s Regulations.<br />

By the time you read this, the Finance committee will have<br />

recommended the <strong>2008</strong>/2009 budget and membership fee<br />

to council. council is slated to approve both the budget and<br />

the membership fee at its <strong>April</strong> 25, <strong>2008</strong> meeting. invoices to<br />

members will be on their way in early May with payment due by<br />

the end of June.<br />

in addition to our Annual Meeting in June, Professionalism in<br />

Practice, the <strong>Society</strong> is also hosting the following conferences in<br />

the first part of <strong>2008</strong>: Class Proceedings Act, Companies Act, and<br />

Professional Regulation. We hope to see you at one of them!<br />

As always, for more information or to offer feedback, you can<br />

contact claudia chender MacLellan at cchender@nsbs.org.<br />

10 The <strong>Society</strong> Record


society<br />

news<br />

LIBRARY & INFORMATION SERVICES<br />

PROFESSIONAL RESPONSIBILITY<br />

iN THe LAST iSSue, THiS coLuMN ouTLiNed THe SocieTy’S<br />

new continuing professional development offering called<br />

Desktop: Enhancing Access to Free Online Resources. The project<br />

provides one-on-one training, or in some cases group training,<br />

in members’ offices throughout the province, with the goal of<br />

instructing lawyers on how to use free, online legal resources.<br />

This training initiative was developed through Library &<br />

information Services (L&iS) and is generously funded through a<br />

grant provided by the Law Foundation of <strong>No</strong>va <strong>Scotia</strong>.<br />

Suzan Hebditch, a librarian with over 25 years of law library<br />

experience, has been travelling throughout the province to<br />

provide the desktop training to members, and the response<br />

to the program has been phenomenal. Since the start of the<br />

training project in <strong>No</strong>vember 2007, over 200 solo practitioners<br />

and members in small firms have benefitted from the training.<br />

Suzan has not only trained practising lawyers in these offices,<br />

but legal assistants and paralegals, as well. She has also<br />

conducted presentations to students in the paralegal programs<br />

at the Springhill and dartmouth campuses of the <strong>No</strong>va <strong>Scotia</strong><br />

community college, and plans are in the works to make<br />

presentations to public librarians in the province.<br />

The delivery of this initiative has resulted in many positive<br />

comments from members about the wealth of time-saving<br />

resources available at their fingertips. Suzan, the trainer, says,<br />

“i continue to be impressed by the enthusiasm of members<br />

regarding this project. We have a long waiting list and a very<br />

solidly booked schedule. Members are clearly impressed with<br />

the quality and depth of the free research tools – Law News<br />

online and Secondary Sources, in particular. coupled with the<br />

growing value of canLii’s offerings, the playing field regarding<br />

access to case and statutory law is equalizing for all <strong>No</strong>va <strong>Scotia</strong><br />

lawyers. The <strong>Society</strong>, through L&iS, is delivering a quality offering<br />

to lawyers at their desktop, and at their convenience, by training<br />

members throughout the province.”<br />

Training sessions are now wrapping up before a spring-summer<br />

hiatus, but Suzan will resume training in mid-october <strong>2008</strong><br />

and continue into 2009 as she once again makes her way<br />

around the province. Attempts will be made to follow up with<br />

solo practitioners and small firms who missed out the first<br />

time around, and members and staff at some of the larger<br />

firms in <strong>No</strong>va <strong>Scotia</strong> will be targeted. To learn more about the<br />

desktop project, please contact staff at L&iS by telephoning<br />

1-866-219-1202 or 425-BooK (<strong>26</strong>65), or by sending an e-mail to<br />

nsbslib@nsbs.org.<br />

THe PRoFeSSioNAL ReSPoNSiBiLiTy dePARTMeNT ReMAiNS<br />

a very busy place this New year – with a steady increase in the<br />

number and complexity of complaints received. And when we’re<br />

busy, our volunteers typically are as well.<br />

This department relies heavily on the knowledge and experience<br />

of the volunteer members of our many committees: the<br />

complaints investigation committee, Hearing committee,<br />

Professional Responsibility Policies and Procedures committee,<br />

ethics and Professional Responsibility committee and Lawyers’<br />

Fund for client compensation committee. There are 64<br />

different members and public representatives working on these<br />

committees alone. These volunteers help with investigations of<br />

complaints and claims, assist with preparation of reports, chair<br />

and/or participate in numerous unscheduled meetings, review<br />

inches of documents and materials on a regular basis, and<br />

come to meetings with open minds and a solid knowledge of the<br />

Act, Regulations, Standards, and rules of ethics. Without these<br />

dedicated individuals, the work of this department would come to<br />

a screeching halt. Further, our public representatives help ensure<br />

that our processes are open, transparent, and accountable.<br />

As you may be aware, the mandate of the <strong>Society</strong> is the protection<br />

of the public, however the provision of services to our membership<br />

is in the forefront of everything we do. The committees which<br />

assist in the work of this department represent the membership as<br />

a whole: volunteers from large and small firms, sole practitioners,<br />

government and legal aid, and those who practice in both urban<br />

and rural settings. We have public representatives on most of our<br />

committees, and they provide invaluable feedback on the public<br />

opinion generally about lawyers and the work that we do. it is our<br />

hope that the diversity of the volunteers on these committees<br />

gives the <strong>Society</strong>’s membership some comfort that decisions are<br />

being made which reflect the values of the whole.<br />

in terms of volunteering, there is no doubt that our members<br />

recognize the value of giving back to the community – which<br />

they do in many unique and wonderful ways. Similarly, they give<br />

back to the legal community itself by serving on one or more of<br />

the <strong>Society</strong>’s committees.<br />

The Professional Responsibility department would therefore like to<br />

take this opportunity to thank our volunteers for giving so tirelessly<br />

of themselves; dedicating so much time and effort to ensuring<br />

that the public is being well-served by their legal professionals. The<br />

work these volunteers do both helps to educate the membership,<br />

while at the same time increasing public confidence in the<br />

workings of our justice system.<br />

<strong>April</strong> <strong>2008</strong> 11


From the desk<br />

of the <strong>Society</strong>’s<br />

Equity<br />

Officer<br />

<strong>Vol</strong>unteering:<br />

Being the Change You Want<br />

Sherry Hassanali<br />

Equity Officer<br />

I<br />

am a great admirer of the late<br />

Mohandas (Mahatma “Great<br />

Soul”) Karamchand Gandhi.<br />

The reasons are many: Gandhi<br />

campaigned for the alleviation of poverty, for the liberation of<br />

women, for brotherhood amongst different religious and ethnic<br />

groups, for an end to untouchability and the caste discrimination,<br />

for the economic self-sufficiency of his nation, for the independence<br />

of India from foreign domination (Swaraj), and above<br />

all, he inspired movements for civil rights and freedoms across<br />

the world. Like many great visionaries, he is often quoted for his<br />

pieces of life wisdom. His most famous and most often quoted<br />

line “Be the change you want to see in the world” is very much<br />

like Gandhi – simple and yet profound. While Gandhiji was being<br />

the change he wanted to see for his nation and the larger world,<br />

he was volunteering his time. He was unpaid for his labours of<br />

love. He truly set the tone as a role-model for volunteerism.<br />

The almost 12 million volunteers in Canada (who contributed<br />

almost 2 billion volunteer hours last year alone) are people from<br />

all walks of life, at all ages and stages. What they have in common<br />

is their desire to make a difference in their communities<br />

and in their own life by giving of their time and expertise. Simply<br />

put, volunteers make a difference in the lives of others.<br />

Research shows that volunteers are involved in virtually every<br />

aspect of society including health, education, social services,<br />

youth, sports and recreation, culture, the arts, and the environment.<br />

Some volunteers give just one hour of time each week,<br />

others devote many hours. <strong>Vol</strong>unteers are involved in one-time<br />

events as well as ongoing commitments. Some choose to volunteer<br />

out in the community, whereas others are virtual volunteers<br />

and do their volunteering from the comfort of home. <strong>Vol</strong>unteers<br />

can work on their own or with others, do hands-on work or volunteer<br />

at an administrative or leadership level.<br />

extend human resource development and the corporate social<br />

responsibility profile of the company. The <strong>No</strong>va <strong>Scotia</strong> Barristers’<br />

<strong>Society</strong> can be seen as a leader in this realm as it actively<br />

encourages its employees to volunteer their time and participate<br />

in organizations.<br />

As the Equity Officer, I am a huge proponent of volunteering as<br />

I see its many benefits, not the least of which is the role it plays<br />

in helping to push the issues of equity and diversity forward in a<br />

very positive and inclusive manner. <strong>Vol</strong>unteers give to both the<br />

organization and the larger community – for the betterment of<br />

all, which in turn helps to build peace and harmony amongst and<br />

between all people.<br />

Gandhi would be pleased.<br />

Sherida Sherry Hassanali is the <strong>Society</strong>’s Equity Officer. She has<br />

spent countless, joyful years volunteering with Unicef <strong>No</strong>va <strong>Scotia</strong>,<br />

the Multicultural Association of <strong>No</strong>va <strong>Scotia</strong>, the Multicultural Education<br />

Council of <strong>No</strong>va <strong>Scotia</strong>, and Pier 21 to name just a few. She<br />

can be reached at 422-1491 or shassanali@nsbs.org.<br />

<strong>Vol</strong>unteer Canada says that some volunteers have the support<br />

of their employers and are permitted to modify their work hours<br />

in order to take part in volunteer activity. A growing body of research<br />

and business literature shows a multitude of benefits to<br />

companies that have active employer-supported volunteer programs.<br />

This new resource focuses on the mounting evidence of<br />

the significant payoffs to employers who support and encourage<br />

their employees to do volunteer work. Benefits include, but<br />

are not limited to, increased employee motivation and loyalty,<br />

increased investment, more media attention, lower absenteeism,<br />

and higher productivity, all of which makes good business<br />

sense. Employers see organized volunteer activities as a way to<br />

12 The <strong>Society</strong> Record


Comic Relief<br />

An insider account of Sydney lawyer Sheldon Nathanson’s inner “character”<br />

Cartoon characters, screaming children, lawyers, police, social<br />

workers, the press… is this the latest episode of the Trailer<br />

Park Boys on trial <strong>No</strong>! In Cape Breton, this past Christmas,<br />

it was the latest volunteer effort of Sheldon Nathanson and friends.<br />

Sheldon’s family has a long history of community service in Cape<br />

Breton (his father Herman is one of the founders of the annual<br />

Santa Claus parade), and everyone knows that Sheldon loves cartoon<br />

characters, so this year he decided to combine the two.<br />

Purchasing over 40 costumes, including Bart Simpson, Elmo, Cookie<br />

Monster, and of course, Mickey Mouse, Sheldon asked a few of his<br />

friends to agree to wear the costumes and participate in the four local<br />

Santa Claus Parades. Well, I can tell you, it’s the closest to feeling like<br />

a rock star that most of us will ever get! The children screamed and<br />

waved and hugged and laughed, and the parents loved it too. People<br />

were obviously appreciative of his efforts, and commented on how<br />

much it meant to the local communities.<br />

Sheldon also arranged for some of us to dress up and visit the local<br />

hospital. We were given the chance to see both kids and adults in the<br />

pediatric ward, the palliative care ward, as well as the ER. Just to see<br />

the smiling faces of the patients was incredibly gratifying. We were<br />

accompanied by a youth choir from a local parish and they had a<br />

fun time trying to lead us all<br />

around the hospital (and had<br />

a great laugh as we bumped<br />

into walls and each other!!)<br />

Ann Marie MacInnes<br />

<strong>No</strong>va <strong>Scotia</strong> Legal Aid – Sydney office<br />

There was a wide-ranging group of participants in these efforts which<br />

included police, members of the press, social workers, members of<br />

the public, and a gang of lawyers. The lawyers who participated<br />

were: Frank Elman (retired), Shane Russell, Dan MacRury, John K.<br />

MacDonald, Andrea Rizzatto, Gerald MacDonald, Luke Wintermans,<br />

Cheryl Morrison, John W. MacDonald, David Muise, Steve Drake,<br />

Mark Zinck (Articled Clerk), Steve Melnick, Sheldon Nathanson,<br />

and me. Some of us even dragged our spouses along.<br />

<strong>No</strong>w, I’m not at liberty to disclose who played which character, but<br />

let’s just say, some of us were extremely well-suited to our cartoon<br />

alter-egos.<br />

Plans are already in the works for next year and Sheldon has already<br />

ordered more costumes. He thanked us for our help, but it was we<br />

who were grateful. It was a tremendous amount of fun and I think<br />

we got more out of it than anybody else – and perhaps that’s the way<br />

volunteering should be!<br />

<strong>April</strong> <strong>2008</strong> 13


A Natural<br />

Progression<br />

“ People are gonna know my name.” Demetreous Beals often said this to his family and friends,<br />

little knowing that his vision would someday become reality. However, he would not live to see<br />

it because he drowned while swimming with friends in Lake Banook last June.<br />

Alanna Robinson<br />

Wickwire Holme<br />

With the support of Demetreous’s family, the Lifesaving <strong>Society</strong><br />

– <strong>No</strong>va <strong>Scotia</strong> Branch (the “<strong>Society</strong>”), established the Demetreous<br />

Beals Memorial Fund. All proceeds of the fund support the<br />

<strong>Society</strong>’s Swim to Survive program, a survival skills swimming<br />

program aimed at helping underprivileged youth enjoy aquatic recreation.<br />

Swim to Survive teaches children the minimum swim skills they need to survive an unexpected fall<br />

into deep water, namely, rolling into deep water – and learning to re-orient themselves to be able to<br />

get out, treading water for one minute, and swimming for 50 metres.<br />

This past summer, the <strong>Society</strong>, the Dartmouth Sportsplex, and the Banook Canoe Club partnered to<br />

provide the survival swim classes - with funding from the <strong>Society</strong>—to children at the Dartmouth Boys<br />

and Girls Club. Swim to Survive prepares children for unexpected situations; an especially important<br />

fact given that most drownings occur close to shore, often with the casualty having had no actual<br />

intention of even going into the water.<br />

Our newest partnership—with all of the Boys and Girls Clubs in <strong>No</strong>va <strong>Scotia</strong>—will see Swim to<br />

Survive offered province-wide this year.<br />

The Lifesaving <strong>Society</strong> is a not-for-profit society with a long history of providing services to youth<br />

throughout <strong>No</strong>va <strong>Scotia</strong>. Our mission is to make <strong>No</strong>va <strong>Scotia</strong> a water smart and water active province<br />

through prevention, education, and leadership training. Nationwide, the Lifesaving <strong>Society</strong> is known<br />

as Canada’s lifeguarding expert. Many people are familiar with us through our oldest award, the Bronze<br />

Medallion, but may not know that we also administer the <strong>No</strong>va <strong>Scotia</strong> Lifeguard Service (“NSLS”), which<br />

supervises many provincial beaches, such as Queensland and Rainbow Haven. Since NSLS was established<br />

in 1973, there has not been a single drowning at any swimming area while supervised by personnel.<br />

During that time, NSLS has supervised over 14.7 million people and performed over 2,700 rescues.<br />

The <strong>Society</strong> is part of a commonwealth society that was established in England in 1891 under the<br />

name The Swimmers’ Life Saving <strong>Society</strong>. In 1904, when the society came to Canada we were known<br />

as the Royal Life Saving <strong>Society</strong>. Today, Canadians know us as the Lifesaving <strong>Society</strong>.<br />

I’ve always loved the water so it was a natural progression for me to become a lifeguard. I spent eight<br />

years on the pool deck and then became a volunteer on the board of directors, eventually being elected<br />

president in 2004. I also serve on the board of directors of NSLS.<br />

The first time I rescued someone the feeling was incredible. The only part I remember is seeing a boy<br />

go down the slide and not come up. Then I remember chucking that kid on the side of the pool.<br />

Whoops! That was the day I was introduced to adrenaline. I may not be able to swim as fast as I once<br />

did, and I may not smell like chlorine any more, but I do get the same adrenaline rush when one of<br />

our public education campaigns is a huge success, or when I present a rescue award to a six-year-old<br />

girl for saving an elderly gentleman who was drowning in a pool.<br />

I believe that every child must learn how to swim, and we finally have a way to reach that goal. About<br />

2,000 children have participated in Swim to Survive since it was introduced last summer. And this is<br />

only the beginning.


Alanna Robinson volunteers with the<br />

Lifesaving <strong>Society</strong> – <strong>No</strong>va <strong>Scotia</strong> Branch<br />

<strong>April</strong> <strong>2008</strong> 15


An Exceptional Place<br />

I<br />

completed my legal studies with a final winter semester in 2003<br />

completed my legal studies with a final winter semester in 2003<br />

at the Dalhousie Legal Aid Clinic (aka the Clinic, DLAS) – what<br />

a great way to end those three years of study! Thereafter, I began<br />

working with youth through the Restorative Justice Program, when<br />

Donna Franey (Executive Director at the clinic) contacted me to see<br />

if I would be interested in a Community member position with the<br />

board of directors, for which I eagerly applied. Any student who has<br />

done a term at the clinic knows how wonderful an opportunity it is<br />

to stay involved, once the term is over and the case files have been<br />

transferred to another student.<br />

As many of you may know, the clinic has been in operation since 1970.<br />

It is a community-based legal service which represents individual<br />

clients who qualify for legal aid assistance as well as provides education,<br />

lobbying, and test case litigation to fight injustices affecting persons<br />

in poverty in <strong>No</strong>va <strong>Scotia</strong>.<br />

I have remained on the board since February 2004, having completed<br />

a two-year term as a Community member and a two-year term as<br />

a Legal member (once I decided<br />

to practice traditional law). I am<br />

currently finishing my year term as<br />

chair of the board, ending March of<br />

this year.<br />

Bianca Krueger<br />

Harvey Manthorne Wilson<br />

The staff, students, faculty, lawyers and board members involved<br />

with the clinic make it the exceptional place it is. The dedication<br />

and loyalty to this clinic is one of the main reasons I found it such an<br />

attractive and rewarding volunteer experience. There are not many<br />

organizations that can claim to have such long-term employees with<br />

almost a zero turnover rate.<br />

Since the volunteer experience began for me at the clinic, I have been<br />

involved in lots of creative brainstorming sessions, interesting debates,<br />

and much learning - not to mention the ‘obligatory’ mushroom garlic<br />

pizza. To those who are considering a future volunteer term on the<br />

DLAS board - always keep the pizza in mind, and, of course, the oneof-a-kind<br />

experience you’ll receive from time spent at the clinic.<br />

16 The <strong>Society</strong> Record


Paying it forward in<br />

Antigonish<br />

In Antigonish, they say that if you really listen you can hear<br />

bagpipes; at least I usually can, but then again, I’ve just finished a<br />

term as President of the Antigonish Highland <strong>Society</strong>. This group<br />

was formed in 1861 and sponsors the oldest continuous Highland<br />

Games outside Scotland. I joined in 1988, soon after graduating from<br />

Dalhousie Law School, and moving to Antigonish. This year, they are<br />

preparing for the 145th Games, to be held from July 18th to 20th,<br />

featuring the Canadian Ancient Heavy Events Championships, the<br />

New Scotland Highland Dancing Championship, and lots of piping<br />

and terrific Celtic music in the Highland Heart of <strong>No</strong>va <strong>Scotia</strong>.<br />

Carole Gillies, Q.C.<br />

chisholm & Gillies<br />

The Antigonish Highland Games are one of <strong>No</strong>va <strong>Scotia</strong>’s signature<br />

events, with participants from all over Canada and the world. And<br />

it isn’t just about the music; it’s also about the wonderful work of<br />

our volunteers – who make the event a reality – complete with huge<br />

economic spin-off for our region each summer.<br />

This year, my volunteer work finds me serving on the board of<br />

directors for Recovery House <strong>Society</strong>, a residential treatment center<br />

for addictions. In 2007, after years in temporary premises, Recovery<br />

House <strong>Society</strong> bought its own house in the Town of Antigonish. The<br />

board is working on fundraising to reduce the mortgage debt, and<br />

adding a women’s treatment program, since there are few programs<br />

for women with addictions.<br />

Recovery House has been under-funded. Many clients in legal<br />

conflicts are impacted by their own or their partners’ addictions, and<br />

exit surveys indicate 98 per cent satisfaction with the Recovery House<br />

program, so this is a really good cause.<br />

Over the years, while trying to keep up with my children’s school and<br />

sports activities, I’ve volunteered as a fundraiser for the Canadian<br />

Cancer <strong>Society</strong>, and served on the boards and committees of the<br />

Antigonish Women’s Association, the Pictou-Antigonish Regional<br />

Library, and <strong>Scotia</strong> Highland Dancers. I also do some pro bono work<br />

for two Women’s Shelters in the region when I can.<br />

I’ve also had the privilege to serve as President of the Antigonish-<br />

Guysborough Barristers’ <strong>Society</strong>, and on Regional Council and on the<br />

Executive Committee of CBA-<strong>No</strong>va <strong>Scotia</strong>. The CBA provides great<br />

advocacy for lawyers, and the <strong>No</strong>va <strong>Scotia</strong> Branch is very strong.<br />

This sounds like a lot, but I’ve been around for a while, and people in<br />

our area are generous with their support. As lawyers, with the benefit<br />

of such a great education, we should be prepared to give back to our<br />

community, and I think most of us do.<br />

It’s almost like the Pay It Forward movement which came out of<br />

Catherine Ryan Howard’s book and movie of the same name; I think<br />

we can all do something good and pass it on.<br />

<strong>April</strong> <strong>2008</strong> 17


A Natural Fit<br />

The financial press has been full of articles over the past several<br />

years discussing changes in the Federal Budgets positively<br />

affecting charitable planned giving. The legal profession<br />

is required to keep abreast of the ever-changing developments in<br />

estate and tax law to meet our professional obligations and client<br />

expectations. However, it also offers a unique way for practitioners in<br />

the estate bar to contribute.<br />

Many charitable institutions have planned giving personnel in their<br />

development offices who assist prospective donors and provide<br />

guidance on how donated funds can be used. Many are knowledgeable<br />

and experienced, however, they require additional expertise to help<br />

their donors understand strategies and, for themselves, to understand<br />

what is being proposed by their donors’ professional and financial<br />

advisors. Estate lawyers are a natural fit to provide this expertise due<br />

to our experience and on-going training in this area.<br />

However tax effective it may be,<br />

it is the desire to “do good” that<br />

motivates donors.<br />

Lawyers may be asked to provide public education seminars or<br />

newsletters on charitable giving. The subject can involve fundamental<br />

estate planning, such as the importance of a will or procedure for<br />

probate, or practical discussions such as ensuring the charity can<br />

fulfill a donor’s expectations, a point brought home when a client<br />

asked if it made sense to give $5000 to a university to build a law<br />

school where one was not even contemplated. You might simply take<br />

a call from a planned giving officer who is looking for a source of<br />

general information.<br />

A simple strategy, such as donating a position in a publicly traded<br />

stock to charity, can create several tax benefits. However tax effective<br />

it may be, it is the desire to “do good” that motivates donors. For<br />

example, the financial press may be filled with facts and figures of how<br />

the changes in the Income Tax Act have led to increased contributions.<br />

However, the clients and charities prefer to discuss the way these<br />

donations have benefited a foundation’s lunch program or a hospital’s<br />

need for equipment.<br />

Personally, I volunteer with<br />

the Dalhousie Planned Giving<br />

Advisory Board where we review<br />

strategies being proposed for<br />

Gregg W. Knudsen<br />

RBC Dominion Securities<br />

donations and provide guidance to the Development Office in their<br />

efforts. I have written and spoken for others, including the Dalhousie<br />

Medical Research Foundation, several Rotary and Kiwanis clubs, the<br />

<strong>No</strong>va <strong>Scotia</strong> Nature Trust, and the Saint Community Foundation in<br />

New Brunswick. I have also lectured to the Canadian Association of<br />

Gift Planners.<br />

I am always excited to learn how these organizations have been able<br />

to continue or develop many valuable programs from their planned<br />

giving efforts. At Dalhousie, in one meeting we learned of new<br />

scholarships and university projects funded in whole or in part by<br />

alumni and supporters’ contributions through planned giving.<br />

There are many esteemed colleagues who volunteer in this way:<br />

Ed Harris, Q.C., is the Chair of the Dalhousie Planned Giving<br />

Advisory Board; Richard Niedermayer’s efforts are spread throughout<br />

the Alzheimer’s <strong>Society</strong> of <strong>No</strong>va <strong>Scotia</strong>’s website – as a result of his<br />

successful term as President; John Arnold, Q.C.; Tim Matthews,<br />

Q.C.; Peter Sodero, Q.C.; and Catherine Watson all have contributed<br />

in this area. There are others within HRM and across the province<br />

as well.<br />

This in no way limits our obligations to our clients. A lawyer preparing<br />

a will, trust, or undertaking any estate planning strategy, must advise<br />

his or her clients on their obligations, for example, pursuant to the<br />

Testators Family Maintenance Act and ensure their planning reflects<br />

their testamentary intentions. It is only those clients who want to<br />

benefit charity, and are able to do so, that discuss planned giving.<br />

Obviously, you never suggest a beneficiary. We are required to keep<br />

up to date on the continuously changing developments in this area of<br />

law to meet our professional obligations and clients’ expectations.<br />

Planned giving, and the volunteer opportunities it creates, create<br />

numerous benefits to all concerned. I encourage anyone with<br />

an interest in this area to discuss it with their favourite charitable<br />

organization.<br />

18 The <strong>Society</strong> Record


Gregg W. Knudsen<br />

<strong>April</strong> <strong>2008</strong> 19


Spreading<br />

the Good Word<br />

Word on the Street is an annual not-for-profit national<br />

book and magazine festival with one-day festivals in<br />

Vancouver, Toronto, Kitchener and Halifax on a Sunday<br />

in September. Members of the writing, publishing and literacy<br />

communities are brought together to advance Word on the Street’s<br />

stated goals: celebrating reading and advocating literacy.<br />

As I’m sure is the case with most lawyers, I was a bookworm as a<br />

young person and remain personally interested in reading (whenever<br />

there’s time!) on my off hours. The importance of literacy and the<br />

relevance of the printed word to our community have always been<br />

clear to me.<br />

Word on the Street aims to ensure that the printed word is accessible<br />

to all by providing a fun and family-friendly event at no cost to<br />

attendees. There is much to do and see at the festival for readers of<br />

all ages.<br />

The Halifax festival was traditionally held on Spring Garden Road,<br />

but has moved off the street in response to the unpredictability of<br />

maritime weather and is currently held at the Pier 23 Cunard Centre.<br />

Always a fan of Word on the Street, I was quick to become involved<br />

on a volunteer basis when the opportunity arose.<br />

I have been a volunteer director<br />

with Word on the<br />

Street (Halifax) for one year.<br />

The board is comprised of<br />

Jasmine Walsh<br />

Mcinnes cooper<br />

members of the festival’s stakeholder communities, and includes<br />

representatives of the publishing, bookselling, education and library<br />

communities. Recently, I also agreed to sit on the National Board of<br />

Directors for Word on the Street, an umbrella organization providing<br />

oversight and continuity to the local festivals.<br />

It has always been my personal commitment to maintain involvement<br />

in the community despite the pressure that practice can exert on my<br />

time. As lawyers, I believe we have much to offer to community<br />

organizations and to the not-for-profit sector. Equally, the return on<br />

that investment can be abundant; the key, for me, is aligning myself<br />

with organizations that are consonant with my personal interests and<br />

values. In that respect, Word on the Street is a great fit.<br />

I encourage all members of the <strong>No</strong>va <strong>Scotia</strong> Barristers’ <strong>Society</strong> to<br />

bring their families to this year’s Word on the Street festival, which is<br />

taking place on September 28, <strong>2008</strong>.<br />

20 The <strong>Society</strong> Record


Community-<br />

Based Giving<br />

In May of 2006 I had the privilege of relocating with my expanding<br />

family (Angela, Eli and Mia) to a farmhouse in Meteghan River<br />

along the French Acadian shore of <strong>No</strong>va <strong>Scotia</strong>. It was a return to<br />

a community that I had missed for quite some time.<br />

As time went on I quickly became aware that the economy was not<br />

as it had been when I left the region in 1993. When I left “the Bay”<br />

to pursue my education, the lobster and ground fish sectors of the<br />

economy were generating ample opportunity and employment in<br />

the region. Along the road every second residence seemed to house<br />

someone who was earning a generous income from the fishery. That<br />

is not the case today.<br />

Our largely resource-dependent economy has struggled with the<br />

increasing Canadian dollar and struggling economy. Accordingly,<br />

there has been a noticeable migration of skilled trades people<br />

from the region to destinations in central and western Canada -<br />

where employment and opportunity abound. Early in 2007 I was<br />

approached by the manager of a local bank to sit as a Director on the<br />

Board of Directors of the Chambre de Commerce de Clare (Clare<br />

Chamber of Commerce). I accepted immediately and have taken part<br />

in a number of meetings since then.<br />

I am in the process of assisting them with a revision of their<br />

constitution and have helped them promote the development of the<br />

region’s various business interests. The Board of Directors, which<br />

meets monthly for a breakfast meeting at a local bed and breakfast,<br />

consists of enthusiastic individuals who all dedicate time and energy<br />

to promoting economic development in the community.<br />

One particularly successful project was the convincing of a cellular<br />

phone service provider to install a tower to provide coverage in<br />

Church Point and surrounding areas; a zone where cellular phone<br />

coverage was minimal to non-existent. The cellular phone provider<br />

worked diligently with the Chamber of Commerce and agreed to<br />

erect a tower to service the area. The entire community benefitted<br />

from this effort.<br />

The Chamber of Commerce was also instrumental in promoting an<br />

information session on identity theft and a regional retail initiative<br />

entitled “Magasiner la Baie,” a program where several merchants<br />

banded together in an advertising program designed to promote local<br />

shopping.<br />

<strong>Vol</strong>unteering has played a part in my life for as long as I can remember.<br />

I personally feel that the professional designation that I have acquired<br />

comes with certain responsibilities, one of which includes devotion<br />

and dedication to the surrounding community. Our education and<br />

professional formation allows us to serve others who do not have that<br />

same education and training.<br />

We must do so without<br />

financial reward as much as<br />

possible. In closing, I’d have<br />

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<strong>April</strong> <strong>2008</strong> 21


Mastering the Juggling Act<br />

I<br />

am currently on maternity leave, and yet quite a few members<br />

Iam currently on maternity leave, and yet quite a few members<br />

of our legal community have seen me just as regularly over the<br />

past year as when I’m at work, except now I’m always with my<br />

daughter, Ella, in tow. This year has served to highlight to me just<br />

how much time many of us lawyers devote to volunteering.<br />

In my case, my volunteer responsibilities are largely attributable to<br />

the Canadian Bar Association - <strong>No</strong>va <strong>Scotia</strong> (“CBANS”) Branch. To<br />

a lesser degree, they are attributable to the Canadian Bar Association<br />

nationally, the <strong>No</strong>va <strong>Scotia</strong> Barristers’ <strong>Society</strong>, and <strong>No</strong> Fly Zone dog<br />

club. Let me explain.<br />

Regarding CBANS, I am in my third year as Chair of the Young<br />

Lawyers’ Section. In that role, I am clearly responsible for organizing<br />

section meetings and other activities that appeal to my members.<br />

However, with that role also comes a seat on other CBANS<br />

committees, specifically the Executive Committee, the Sections<br />

Committee, and the Professional Development Committee. As chair,<br />

I am also a member of the national Young Lawyers’ Directorate of<br />

the CBA. Consequently, Ella and I are, at a minimum, at two CBA<br />

meetings a month, not including other sections I am involved in, or<br />

Council meetings!<br />

Ella has also enjoyed attending Gender Equity Committee meetings<br />

with me at the NSBS. I am in the second year of a two-year term<br />

on that committee. I also mentioned <strong>No</strong> Fly Zone. This group is<br />

essentially a flyball club (a dog sport with which some of you may<br />

be familiar) from which my two dogs and myself get immense<br />

enjoyment. I am currently acting as President of the club, though<br />

honestly (and gratefully!), this role<br />

is not remotely as onerous as being<br />

team captain.<br />

Jessica Lyle<br />

<strong>Scotia</strong> Private client Group<br />

In any event, as I mentioned, this past year has made me reflect,<br />

on several occasions, upon the extent to which we lawyers are busy<br />

with our volunteer efforts. Whether it is organizing meetings of<br />

our peers, organizing conferences for our peers, sitting on boards<br />

and executives of various volunteer entities, or sitting on regularly<br />

meeting committees, we are all busy. On more than one occasion<br />

I have remarked to people this year that I don’t know how I had<br />

time for office work with all of my responsibilities outside of the<br />

office, and honestly, I’m still not sure how I managed before going<br />

on parental leave!<br />

Many people have been surprised that I continue to do all of these<br />

things, particularly while on leave. In retrospect, a part of me chides<br />

myself for not putting all of those activities on hold for at least this<br />

past year. However, that part of me is small. The reality is that I have<br />

volunteered in some form or another, often for more than one thing at<br />

a time, for as long as I can remember. I don’t think of my involvement<br />

so much in terms of how it benefits others, but rather that it would<br />

be pure laziness for me not to be involved somehow. Of course, I do<br />

plan to cut back now that I’m back at work and juggling all of that<br />

with two little kids, one teenager, two dogs, and a husband. But the<br />

bottom line is that as long as I (and/or someone else) think I can add<br />

something to some effort or group, and so long as it won’t result in<br />

me neglecting my family, I will always consider volunteering.<br />

22 The <strong>Society</strong> Record


Too Close to Home<br />

In 1999, a group of breast cancer survivors in Pictou County formed<br />

a dragon boat team called Women Alike Abreast a River. One of the<br />

objectives of the team was to help women living with breast cancer<br />

understand that they could lead full active lives despite the physical<br />

limitations imposed by the disease. Over the next several years, the sight<br />

of these courageous women paddling in perfect unison on the East<br />

River in New Glasgow was an inspiration to our entire community.<br />

The inspiration was such that, in 2002, a group of community<br />

members formed the New Glasgow Dragon Boat <strong>Society</strong> with the<br />

intent of raising funds through a Dragon Boat Festival in support<br />

of Women Alike and other worthwhile community charities. The<br />

event was immediately successful and quickly became an annual<br />

event. Over the course of its first six years, the festival has attracted<br />

thousands of dragon boat racers from across <strong>No</strong>va <strong>Scotia</strong> and beyond,<br />

and raised in excess of $600,000.<br />

Since the inception of the festival, Mac Mac & Mac has been proud<br />

to participate both as a sponsor and by placing a team in the event. I<br />

personally became involved in the festival four years ago, first as legal<br />

counsel to the board and later as Vice-President. In late 2006 I was<br />

elected President. Little did I know at that time how breast cancer<br />

was going to touch the lives of all the lawyers and staff at Mac Mac &<br />

Mac repeatedly and painfully in 2007.<br />

Over the course of the next few months two of our long-standing<br />

and much valued paralegals received the terrible diagnosis. In July, a<br />

third staff member succumbed to the disease after a long and valiant<br />

battle. These blows were devastating to all of us. At the same time,<br />

the dignity, humour, and grace with<br />

which these three women faced their<br />

challenges was truly inspirational.<br />

Joel Sellers<br />

Mac Mac & Mac<br />

One person who chose to find a positive and tangible outlet for such<br />

inspiration was Jennifer Bowen, a gifted legal assistant in Mac Mac<br />

& Mac’s real estate department. Early in 2007 Jennifer made it her<br />

mission to substantially increase the amount of money the Mac Mac<br />

& Mac team would raise in support of the 2007 Dragon Boat Festival.<br />

That we would do so was never in doubt once Jennifer announced<br />

the goal and began her tireless fundraising campaign. Moreover, at<br />

the festival’s closing ceremony, I was delighted to announce that,<br />

of the thousand or so participants, Jennifer was the top individual<br />

pledge earner. It was an emotional moment for us all.<br />

I am pleased to note that both of the women in our office who were<br />

diagnosed with breast cancer in 2007 are doing well. The first has<br />

been back to work for several months and has gleefully joined the<br />

Women Alike team. The second expects to return to the office shortly<br />

and will no doubt be recruited heavily as soon as the ice breaks in the<br />

East River. We are very proud of them both and continue to cheer<br />

on their recovery.<br />

We are also proud that the efforts of our lawyers and staff, and<br />

Jennifer in particular, will continue to support these women, and too<br />

many others like them, who have been forced by the most difficult of<br />

circumstances to find strength in themselves and in each other.<br />

And by the way, Jennifer is once again on the prowl for donations.<br />

<strong>April</strong> <strong>2008</strong> 23


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24 The <strong>Society</strong> Record


LiAns<br />

Tips from The risk & pracTice managemenT advisor<br />

by Deborah e. Gillis, Q.C.<br />

Risk and Practice Management Advisor<br />

Taking That Much Needed Break<br />

Time away from the office is vital to your well being. Going years without<br />

a regular vacation is a recipe for disaster, both personally and<br />

professionally. It almost always results in burnout and mistakes.<br />

Start your vacation planning now. Read my article posted on the LIANS<br />

website at www.lians.ca entitled “Taking That Much Needed Break.” Consider<br />

the following when planning vacations:<br />

• Commit to regular breaks from the office and schedule those breaks<br />

into your calendar.<br />

• Coordinate the vacations of your support staff so that you do not<br />

have employees critical to your operation absent from the office at<br />

the same time.<br />

• When deciding to accept a new client or a new matter, consider your<br />

vacation schedule, as well as your current caseload and your other<br />

professional and personal commitments. If you do not have a competent<br />

partner or associate who can handle a matter during your<br />

planned absence, don’t accept the matter. Refer it to another lawyer.<br />

• Make sure that your clients and the opposing lawyers are aware of<br />

your vacation dates. Before leaving on vacation prepare a detailed<br />

memo on the status of your active files. Review it with those persons<br />

who will be responsible for your files during your absence.<br />

• If you feel you must work while on vacation, and you bring along a<br />

laptop, cell phone or Blackberry, limit the amount of time you spend<br />

working. Rather than constantly checking for messages, consider<br />

dealing with emails and phone messages at a particular time each<br />

day.<br />

• If you are working while on vacation, continue to document advice<br />

given and instructions received, and make sure this documentation is<br />

saved to the file.<br />

• Continue to properly track and record your time. If not, you are working<br />

for free.<br />

• When your regular assistant is absent from the office be particularly<br />

vigilant of work done by his or her replacement.<br />

If reading these tips leaves you grumpy and saying that taking a vacation<br />

is easier said than done, then you really do need a vacation. Start planning<br />

now!!<br />

Deborah E. Gillis, Q.C., is the Risk and Practice Management Advisor for LIANS.<br />

She may be reached at 423-1300 ext. 345 or at dgillis@lians.ca<br />

• If you are a sole practitioner, arrange with a competent colleague<br />

to be the “go to person” on your files if emergencies arise. Initially,<br />

try this for even a few days, to see how the arrangement works. If it<br />

works, your next break can be for a longer period.<br />

• Do not schedule court appearances or discoveries for the days immediately<br />

following your scheduled return to work.<br />

• When leaving for vacation set up your out of office assistant on your<br />

email, directing anyone who requires a response during your absence<br />

to the person who is handling your files. Leave a similar message on<br />

your voicemail.<br />

<strong>April</strong> <strong>2008</strong> 25


Answering a Wake-Up Call<br />

A<br />

year and a half ago a friend told us that he had been diagnosed<br />

with Primary Progressive MS. He was 47 years old at the time of<br />

his diagnosis. His health and mobility had been deteriorating,<br />

but we thought it was just due to getting older and developing back<br />

problems after years of sailing and fishing. What a wake-up call. We<br />

realized two things: that this could happen to any of us, and that there<br />

was no cure. This strong and athletic sailor, fisherman, and hockey<br />

player was reduced to walking with a cane to watch from the sidelines<br />

as his young sons participated in sports – while at the same time<br />

knowing his own level of health would keep declining.<br />

I didn’t know much about MS at the time, but after spending time<br />

on the Internet, learned all I could about both the disease and about<br />

ways to help fund research. The 84 km MS Bike Tour Fundraiser was<br />

a challenge I wanted to take on. A group of us got ourselves organized<br />

as the “Creaser’s Crew Riders,” or “CC Riders” for short, and held<br />

a series of fundraisers, solicited donations from friends, family, and<br />

acquaintances, and rode the two-day bike tour from Windsor to<br />

Wolfville and back last July. Most of us hadn’t been on bicycles for<br />

years, but we were strongly motivated by what we saw a close friend<br />

going through.<br />

We started with a group of 6 or 7 and grew to become the largest<br />

group in Atlantic Canada - with 45 riders, and raised the most money<br />

of all teams across Canada – over $110,000. I rode a bicycle 132<br />

kilometres in one weekend and learned just how much a determined<br />

group of people can accomplish<br />

– a truly inspiring experience.<br />

Karen Kinley<br />

Wickstrom Kinley<br />

I have always been involved<br />

in volunteer activities and firmly believe in “acting locally,” so<br />

while listening to CBC radio’s food bank fundraiser at Christmas, I<br />

wondered what I could do for my community. The CC Riders team<br />

was composed largely of professionals and well-connected individuals<br />

with invaluable contacts in terms of raising money. As a lawyer I<br />

thought immediately of my fellow lawyers and getting another group<br />

commitment. I sent out an email to the president of our county bar<br />

association looking for recruits. We formed a committee of five and<br />

after a couple of brainstorming sessions, decided to hold our own food<br />

bank drive at each of our respective offices in Lunenburg County. We<br />

contacted the local food banks and were told they needed $3,000 to<br />

buy Christmas turkeys for families in the area. We set that as a goal<br />

and designed posters, arranged publicity, and provided law firms with<br />

sample donation request letters. We left it up to each individual office<br />

to collect cash and food donations and to then provide us with their<br />

tallies. We raised $3,812.70 and delivered many boxes of food to our<br />

three local food banks.<br />

Our food bank initiative was a success and we are already making<br />

plans for next Christmas. But until then you can find me on my bike<br />

getting ready for the next MS Bike Tour!<br />

<strong>26</strong> The <strong>Society</strong> Record


A Truly<br />

Rewarding Challenge<br />

I<br />

was introduced to Metro Community Housing Association<br />

(MCHA) as part of my summer student placement with Boyne<br />

Clarke - between my second and third year of law school. The<br />

Boyne Clarke summer student program is structured so as to give<br />

students the opportunity to work outside of the firm for non-profit<br />

organizations during the summer months. The organization I chose<br />

was MCHA.<br />

MCHA is a non-profit organization that provides housing and support<br />

services for persons who have experienced mental health difficulties.<br />

I had always had an interest in mental health and hoped that by<br />

working with MCHA I would gain further insight into the services<br />

available to mental health consumers. My work with them primarily<br />

involved researching various methods and proven techniques for<br />

effective advocacy for persons with disabilities. The former Executive<br />

Director, Carol Evans (now retired), suggested that I spend some<br />

time in each of MCHA’s homes (with the clients the organization<br />

serves) prior to beginning this work. This turned out to be one of the<br />

best experiences of my life, as I was given the opportunity to interact<br />

with some wonderful people facing amazing challenges in their home<br />

environments. MCHA is an incredible organization working under<br />

the constraints that face many non-profit organizations, including<br />

overcrowding and lack of resources. However, the management, staff,<br />

and clients make the best of the situation and do so with energy,<br />

enthusiasm, and courage.<br />

Following an extraordinary<br />

summer with MCHA, I<br />

returned to complete my third<br />

year of law school. That year,<br />

Leah (Tinkham) Rimmer<br />

Boyne clarke<br />

I requested that as my pro bono project I continue working with<br />

MCHA and as such was able to continue on with them through the<br />

school year. I began articling with Boyne Clarke in June 2004 and at<br />

that time was asked to become a member of the Board of Directors<br />

of MCHA. I agreed, and am now, four years later, Vice-Chair. I find<br />

this volunteer work extremely rewarding, especially as I know that<br />

the organization that I am a part of is genuinely assisting a group<br />

of people in our society who have traditionally been marginalized<br />

and stigmatized. It is hard to believe that in <strong>2008</strong> mental health<br />

consumers continue to face challenges beyond their own illnesses –<br />

challenges unfortunately imposed by our own society.<br />

There are certainly days when I wonder if I can fit participation on the<br />

board into my life. However, when I have these moments, I simply go<br />

back to that first summer working with MCHA and remind myself<br />

that as lawyers we are fortunate to have skills and abilities that boards<br />

and other organizations can benefit from. I sincerely believe it is our<br />

duty to find a cause that we believe in and use our time in support of<br />

whatever that cause may be.<br />

<strong>April</strong> <strong>2008</strong> 27


A Quest for Excellence<br />

Level Chan<br />

Stewart McKelvey<br />

Being a lawyer can make<br />

volunteering challenging.<br />

For those of us who have<br />

been actively involved, an additional<br />

challenge is choosing which of the many worthy causes to support.<br />

My choice has been to volunteer for two organizations that have<br />

inspired me: The Dalhousie Alumni Association and FUSION Halifax.<br />

My current involvement with these organizations includes serving as the<br />

President of the Dalhousie Alumni Association (DAA), a member of the<br />

Dalhousie Board of Governors, and a member of the inaugural Board of<br />

FUSION Halifax. While my roles differ in each of these organizations, I<br />

find that both involve sharing a vision and contributing time and thought<br />

towards realizing, communicating, and implementing that vision.<br />

Dalhousie’s vision is to continue its quest for excellence towards the<br />

goal of becoming Canada’s best university. I take great pride, as I hope<br />

all of my fellow alumni do, in the success of our “little college by<br />

the sea.” Part of the DAA Board’s job is to attend events and spread<br />

the message to alumni and prospective students that Dal students<br />

and faculty continue to earn top honours and international acclaim.<br />

My involvement in the boards and committees has also allowed me<br />

to contribute to improving the student experience; contributions<br />

which include telling prospective students and their parents about<br />

Dal, recognizing outstanding student leadership and excellence in<br />

teaching, and connecting students with mentors.<br />

Since becoming President of the DAA, I’ve also faced the new<br />

challenge of revamping Dal’s alumni program. The DAA provides<br />

an opportunity to help the Alumni Relations office understand the<br />

perceptions, attitudes and expectations of our alumni, and align<br />

strategy and resources to meet those expectations.<br />

The challenge has been different with FUSION Halifax. The purpose<br />

of the organization is to connect, engage, and inspire young<br />

Haligonians from all backgrounds and occupations to make Halifax a<br />

better place. In creating the organization, the roles of board members<br />

have involved developing and communicating this vision as well as<br />

structuring and launching the organization. It has been inspiring to<br />

see this vision capture the energy of young Haligonians. Although the<br />

group is less than a year old, FUSION Halifax has quickly grown to<br />

over 800 members and is becoming a forum for young Halifax residents<br />

to work together to help our city reach its full potential.<br />

FUSION Halifax first connected young Haligonians by hosting<br />

monthly networking events, which bring a cross-section of our<br />

demographic together—people who would not otherwise have the<br />

opportunity to meet and share ideas. Young entrepreneurs, students,<br />

construction workers, artists, lawyers, and people from all walks of<br />

life come together at these events.<br />

FUSION Halifax is now engaging and inspiring its members into<br />

action through its action teams. Each team addresses a different facet<br />

of life in Halifax: urban development, sustainability, arts and culture,<br />

health and wellness, and much more. It’s been inspiring to watch the<br />

volunteers come together and you’ll soon see real and tangible results<br />

from the contributions of these teams to Halifax’s growth. The teams are<br />

already planning meetings to first educate FUSION members and then<br />

to let all key stakeholders and decision-makers know that FUSION<br />

members are ready, willing and able to help Halifax step up to the next<br />

level and grow as a dynamic, inclusive, and innovative city.<br />

28 The <strong>Society</strong> Record


An Appalling Statistic<br />

I<br />

have a wonderful book on my coffee table that a friend gave me.<br />

It’s called “Lawyers and Other Reptiles.” I say a wonderful book,<br />

because it is very popular with guests. It contains stories and<br />

jokes with, of course, lawyers, being portrayed as well…reptiles.<br />

Despite our sometimes negative image, we all know of numerous<br />

colleagues that give time to a variety of charities, organizations, and<br />

community groups. Why do we do it The cynic in me says that<br />

it’s to counter the reptile image. However, we all know that it is<br />

much more than that. I would say that we volunteer, in part, because<br />

we have a responsibility to do so. As a self-governing profession, we<br />

have a responsibility to give back to our communities. However,<br />

and perhaps more importantly, we do it because we care about our<br />

communities.<br />

I currently volunteer with various organizations and serve on a number<br />

of boards. One of the boards I have the pleasure of sitting on is the<br />

<strong>No</strong>va <strong>Scotia</strong> Hospice Palliative Care Association (NSHPCA). This<br />

organization is essentially what I would describe as grass roots. It has<br />

an amazing group of individuals who are passionate about ensuring<br />

that <strong>No</strong>va <strong>Scotia</strong>ns have appropriate palliative care.<br />

The statistics on palliative care are appalling. Only 15 per cent of<br />

Canadians have access to integrated, palliative and end-of-life care.<br />

One of the key goals of the NSHPCA is to see government create a<br />

province-wide palliative care program in the province and to this end<br />

it has embarked on a rigorous advocacy campaign for change entitled<br />

Campaign for Care. The Campaign for Care calls for a comprehensive<br />

program, with palliative care available across the province, in<br />

institutional settings, hospices,<br />

and at home, with trained, Martina Munden<br />

specialized multidisciplinary Patterson Law<br />

teams of staff working together<br />

to provide the care people need, when they need it, and with the<br />

proper equipment, resources and programs to support their work. It<br />

is a program that would see palliative care available 24 hours a day, 7<br />

days a week, regardless of where the person lives.<br />

Today, while I cannot point to a provincial program, I can point to<br />

indications that demonstrate that positive steps are being made. For<br />

example, there has been support from some political parties for a<br />

provincial palliative care program, with 2007 seeing two Bills being<br />

introduced in the legislature.<br />

The week of May 5th to 11th is Hospice Palliative Care Week. I<br />

am urging everyone to take a few minutes to look at the NSHPCA<br />

website at www.nshpca.ca to see the work of this organization and<br />

to add your voice by signing the online petition to support the<br />

implementation of a provincial palliative care program.<br />

It is through such organizations that we are reminded of the impact<br />

community organizations can have, both on the services that are<br />

available to <strong>No</strong>va <strong>Scotia</strong>ns and to the implementation of new<br />

legislation. In the spirit of contributing to our communities and<br />

working together for a better <strong>No</strong>va <strong>Scotia</strong>, I am delighted and grateful<br />

that we are a profession that values contribution to community and<br />

encourages and supports its members in their volunteer activities.<br />

<strong>April</strong> <strong>2008</strong> 29


Melanie performing (top right) with WoW<br />

Melanie looking on as a fellow<br />

performer prepares for the show<br />

Performing Hearts<br />

Melanie Perry<br />

Public Prosecution Service<br />

After being called to<br />

the bar in 2005, I<br />

immediately relocated<br />

and began practising in the<br />

town of Wolfville. <strong>No</strong>t being from the area, I didn’t know anyone,<br />

so the managing partner at my law firm suggested I become involved<br />

with a local volunteer group; not only would it be a good opportunity<br />

to meet people in the close-knit town, but it would also be an<br />

opportunity to give back to the community. That was how I became<br />

involved with the Women of Wolfville.<br />

The Woman of Wolfville (WoW for short) began in 2001 when two<br />

moms challenged one other to mount a production of The Vagina<br />

Monologues. Every year since then, WoW has put on a play to raise<br />

money for women’s and children’s charities worldwide. In 2003, the<br />

group protested the impending war in Iraq with its production of<br />

Lysistrata. 2004 brought the focus to the relationships between mothers<br />

and children with Because I’m Your Mother, That’s Why!. Bodies Without<br />

Borders was the 2005 piece, which centered around the theme of body<br />

image. As a companion piece, the group also produced a very successful<br />

calendar that raised an additional $10,000. In 2006 the production<br />

was Matriarchives: Women in Our Past, and in 2007, the group explored<br />

the theme of loss with the show Lost and Found.<br />

WoW is made up of women and children of all ages: our youngest<br />

member is 9 months and our oldest, 91 years. The group is a diverse<br />

one, with women of various races, professions and abilities. Every<br />

year we solicit writing pieces centered around a central theme and<br />

then incorporate them into a play. The women in the group then<br />

proceed to edit and produce the play. Among other things we make<br />

the sets, sell the tickets, direct the play, choose, and sometimes write<br />

the music as well as sing, dance, and act in the various pieces.<br />

Over the years, the group has raised more than $80,000 for the charities<br />

it supports. This year the receiving charities were the maternity<br />

ward of the hospital in Carlos Paz, Argentina, Kaleigh French Reaching<br />

Out Globally bursary, the children’s programs of Chrysalis House,<br />

Stephen Lewis Foundation – Grandmothers to Grandmothers (Wolfville<br />

and Africa), Safe Spaces Program in Nairobi, Malawi Project,<br />

and Mercy Ships – Fistula Repair Project – Liberia.<br />

After the 2007 production, I accepted a new job with the Public<br />

Prosecution Service in Dartmouth, which necessitated a move to<br />

Halifax. Yet, I could not seem to give up my role in WoW. That<br />

meant that from <strong>No</strong>vember to January, once a week on Wednesday<br />

evenings, with the exception of times of inclement weather, I traveled<br />

to Wolfville for rehearsal. In February it grew to twice a week, and<br />

finally, during production week, I was there every evening. As usual,<br />

a lot of blood, sweat and tears went into the final production.<br />

This year’s show focused on the theme of secrets. It ran February<br />

21-February 23, <strong>2008</strong> and was entitled: Psst! Wanna Know a Secret I<br />

sang and danced in the show. For those of you who have heard my<br />

singing or seen my dancing, do not worry–I have not given up my<br />

day job. In addition to singing and dancing, my major role in the<br />

show was to play the part of a lawyer (no typecasting there). At least<br />

I had the outfit for it!<br />

Throughout these past three years it has been really great to be<br />

part of WoW and to give back to the global community. I think<br />

it very important to do so, as raising awareness of women’s issues<br />

and inequality throughout the world is essential if change is ever to<br />

be affected. I must say, however, that being part of the group has<br />

been important to me for other reasons as well. I have formed fast<br />

friendships with the amazing women in the group and their support<br />

has helped me through difficult times in my own life. These reasons<br />

are why, even though I have relocated to Halifax, I am proud to<br />

continue to remain a Woman of Wolfville.<br />

30 The <strong>Society</strong> Record


<strong>Vol</strong>unteer Community Research Ethics Counsel, Capital Health Research Ethics Board:<br />

(l-r) Barbara Darby; Royden Trainor; Roberta Clarke, Q.C.; Jeanne Desveaux; Ron Meagher; and Susan Young<br />

A Matter of Integrity<br />

Research is the lifeblood of innovation, progress, the discovery<br />

of new solutions, new ways of looking at old solutions, and<br />

providing insights to the human condition. Every day, <strong>No</strong>va<br />

<strong>Scotia</strong>’s universities and hospitals are engaged in some of the most<br />

innovative, demanding, and respected research in the world. As with<br />

all areas of human endeavour, research must strike a balance between<br />

what we “can do” and what we “ought to do.” <strong>No</strong> matter how noble<br />

the cause, fundamental questions about the “should” must be asked<br />

and demand a wider social, ethical assessment. The “should” cannot be<br />

left to the researcher or the sponsor alone lest we be tempted by Ovid<br />

Heroides’s erroneous but seductive credo, “exitus acta probat” (the ends<br />

justifies the means).<br />

While it seems self-evident, it has not always been the case that research<br />

involving human beings be required to be assessed under ethical<br />

principles like autonomy: the obligation on the part of the investigator<br />

to respect each participant as an individual capable of making an<br />

informed decision about participation in the research study. The<br />

principles of informed consent require that participants receive a full<br />

disclosure of the nature of the study, the risks, benefits, and alternatives.<br />

Likewise, research should seek to minimize the risk of harm to the<br />

individual and maximize benefits to the participant and/or society.<br />

Research ethics also requires an honest and thorough risk/benefit<br />

assessment be undertaken and that these risks are then clearly<br />

articulated. Careful attention must also be paid to ensure appropriate<br />

selection of participants, and procedures should be in place to protect<br />

participating individuals and groups. In Canada’s research hospitals and<br />

universities, the authority to do research on human beings rests with the<br />

Research Ethics Review Boards (REBs) - made up of volunteer lawyers,<br />

members of the public, representatives of research institutions, and<br />

other professionals. Without a functioning REB following approved<br />

research ethics review standards, there can be no research involving<br />

human beings in Canada.<br />

<strong>No</strong>where are research and the ethics<br />

reviewing processes more important<br />

than at the Queen Elizabeth II (QEII)<br />

in Halifax. The QEII has an exemplary<br />

Royden Trainor<br />

edMc canada Ltd.<br />

record of accomplishment in the support of advances in therapy,<br />

multi-disciplinary approaches to patient care, teaching, and research.<br />

In any given year, there are over 800 research projects underway,<br />

including 400 clinical trials, every one of which is required to be<br />

reviewed by an REB in accordance with strict ethics review policies<br />

and practices. The REB operating at the QEII is one of the largest<br />

and most respected in Canada and is increasingly used as the model<br />

and the gold standard for REBs across the country.<br />

<strong>Vol</strong>unteer lawyers are essential to the working of the REBs and carry<br />

out the work of the independent legal review. Perhaps even more<br />

important than the assessment of legal issues is the collaborative participation<br />

of lawyers and institutional and community representatives<br />

in the assessment process. Expertise, responsibility, authority, and<br />

judgment on the ethics and approval of research projects are shared<br />

with public representatives and others. The lawyer, though essential,<br />

is not the expert providing the answer but has a more humble and<br />

ultimately more demanding and appropriate role. REB legal representatives<br />

are part of a wider collaborative and broader ethics review,<br />

and are not simply involved in the provision of an antiseptic assessment<br />

of legalities. This process is a collaborative, standards, ethics<br />

and integrity-based decision-making model from which much can<br />

be learned.<br />

The more than two dozen volunteer lawyers who are members of<br />

REBs across the province play an essential part in supporting both<br />

internationally respected research and internationally respected<br />

research ethics practices in <strong>No</strong>va <strong>Scotia</strong>, asking the important<br />

questions of “should” not just the “can”; and about the “ethical” not<br />

just the “legal.”<br />

<strong>April</strong> <strong>2008</strong> 31


In Pursuit<br />

of Love<br />

Michael Messenger<br />

World Vision Canada<br />

Lawyers don’t often talk about love, at least not professionally.<br />

Justice, of course, but not love. So I chuckled when I found<br />

myself proofing the 2007 annual report for World Vision,<br />

where I now work as vice president for public affairs. The theme of<br />

the report is “What does love look like,” referring to St. Augustine’s quote that poses that question and<br />

then answers: “It has hands to help others. It has feet to hasten to the poor and needy. It has eyes to see misery<br />

and want. It has ears to hear the sighs and sorrows of humankind. That is what love looks like.” A chance<br />

to use my legal skills in pursuit of this idea of “love” is the reason I left the daily practice of law and<br />

took the leap from being a volunteer to joining the staff of an international relief, development and<br />

advocacy organization.<br />

When I attended law school, I had worked for five years in Toronto and Geneva for World Vision,<br />

focusing on government relations and public policy related to international development. I had a<br />

passion for social justice, but I realized that without a deeper understanding of the workings of the<br />

policy-making that I would be less effective in influencing laws and practices that could affect the<br />

children, families, and communities we partnered with in the developing world. My decision to study<br />

law did let me look at policy from the inside, but it also unexpectedly unearthed a love for legal<br />

argument and the excitement of trial advocacy.<br />

So, instead of returning to the non-profit sector, my family and I moved to Halifax, where I spent<br />

nearly nine years as a litigator as part of the firm of Cox & Palmer. I was fortunate to work with<br />

talented colleagues and enjoyed varied work from a range of clients. I also found satisfaction from<br />

volunteering. I tried to contribute to the profession as president of the <strong>No</strong>va <strong>Scotia</strong> Medical Legal<br />

<strong>Society</strong>, by volunteering at the bar skills course, and by mentoring younger students and clerks. My<br />

community outside the law was also important, and I sang with the Symphony <strong>No</strong>va <strong>Scotia</strong> Chorus<br />

and was a lay leader in various roles at St. Paul’s Church. What was common among all of these areas<br />

of involvement was that I always learned and received so much more than I ever contributed. <strong>Vol</strong>unteer<br />

work was not a distraction; I felt it made me a better lawyer and a better person.<br />

My passion for working for international issues was reignited when I was invited to join the board<br />

of directors of World Vision in 2003. I soon found that my heart had never really left this work with<br />

children overcoming the grip of poverty. Soon after I joined the board, my wife and I had a chance<br />

to see World Vision’s work firsthand in a trip to Rwanda and Uganda. While I’d visited many of the<br />

organization’s international programs as a former staff person, this was the first time I’d visited since I<br />

had become a lawyer, a husband and a father. What I saw moved me. While seeing the terrible ravages<br />

of HIV and AIDS on African families and talking to orphans and other vulnerable children, I was struck<br />

by the injustice of poverty and oppression, and began to wonder how best I could stay involved.<br />

In 2005, I was honoured to act as lead counsel to the Nunn Commission of Inquiry. While working<br />

with Justice D. Merlin Nunn, I had the chance to step outside the day-to-day work of civil litigation<br />

and re-engage directly with issues of public policy. It was a powerful and eye-opening experience in its<br />

own way. I soon began to consider whether there was another path for me that might bring my legal<br />

background and passion for social justice closer together.<br />

And so, when I was invited to consider applying for a management role at World Vision, I knew I<br />

needed to explore the option seriously. Today, I am trying to use my legal skills not to focus on resolving<br />

disputes, but in the pursuit of justice of another kind. And not just justice, but love, as St. Augustine<br />

thought it looked like. Love that has hands and feet to bring relief and hope to those in need; eyes and<br />

ears to see and speak out against the symptoms and causes of child poverty around the world.<br />

32 The <strong>Society</strong> Record


Michael Messenger outside<br />

the Parkdale Branch of<br />

the Toronto Public Library<br />

Photo by Ted Power/NSBS<br />

<strong>April</strong> <strong>2008</strong> 33


A Rewarding<br />

Addiction<br />

Having been born in Halifax, attended university in Halifax,<br />

and worked in Halifax, like most <strong>No</strong>va <strong>Scotia</strong>ns, I was always<br />

interested in contributing to the community around me.<br />

While we all contribute to the community every day: in our interactions<br />

with each other, our jobs, and through our parenting and playing,<br />

great meaning for the individual and great good for the community<br />

can be generated by contributing to the community in a volunteer<br />

capacity.<br />

I, for one, have found it addictive, because as every volunteer knows,<br />

the volunteer investment pays back huge dividends. When a volunteer<br />

gives, it sets off a ripple effect through the community.<br />

As a lawyer, I have been very fortunate to be able to use my legal skills<br />

in a volunteer capacity. I started off back in law school in third year by<br />

working with the Legal Information <strong>Society</strong> of <strong>No</strong>va <strong>Scotia</strong>. I worked<br />

the phone lines, referring people to lawyers and providing them with<br />

basic legal information and resources. This was a fantastic experience<br />

for me, as it was the first time I was able to apply my legal learning to<br />

real life situations, which is not always an easy fit!<br />

As the years went on, and I obtained my license to practice law in<br />

<strong>No</strong>va <strong>Scotia</strong>, I joined the lawyer referral line, the same organization<br />

which, as a student, I used to refer people to. This was a great business<br />

generator for me while also providing inexpensive accessible legal<br />

information to the public.<br />

As more time passed I went from the lawyer referral line to also joining<br />

the volunteer board of directors. The same year I joined the volunteer<br />

board of the Legal Information <strong>Society</strong> of <strong>No</strong>va <strong>Scotia</strong> (2006-2007)<br />

I also joined the volunteer board of the Community Justice <strong>Society</strong>. I<br />

am now the President of the board of directors of CJS and the Secretary<br />

sitting on the executive of the LISNS.<br />

To backtrack a bit, I have volunteered as a victim-offender mediator<br />

with the Community Justice <strong>Society</strong> since 2000 when I took restorative<br />

justice training at the old Bell Road Community College - the current<br />

site of Citadel High School.<br />

Tanya Jones<br />

The great thing about volunteering<br />

with CJS is that training op-<br />

Jones on Queen Law Firm inc.<br />

portunities for volunteers occur on a regular basis. I get to meet, hang<br />

out with and volunteer with a whole group of people who I otherwise<br />

may not have met. We are all from different segments of the community,<br />

different income levels, education, geographical areas, and of<br />

course we all have one thing in common: we all want to give, and we<br />

all do give, our time to the community around us. And we have a lot<br />

of fun doing it at the same time!<br />

The last volunteer activity I want to tell you about is my volunteer<br />

work as a parent facilitator at The Family Law Information Centre at<br />

the <strong>No</strong>va <strong>Scotia</strong> Supreme Court (Family Division).<br />

As a lawyer practising in the area of family law, I and many others<br />

continue to be concerned about the impact of conflict on children.<br />

To educate myself, those in parental roles, and my clients, I have volunteered<br />

as a facilitator providing the mandatory Parent Information<br />

Program since 2005. The goals of the Parent Information Program<br />

are to increase parents’ awareness of the impact of parental conflict<br />

on children, to improve communication between parents about their<br />

children’s needs, and to provide new ways to avoid placing children in<br />

the middle of issues between their parents.<br />

As I continue to work and volunteer in <strong>No</strong>va <strong>Scotia</strong> I am thankful for<br />

the opportunities to meet, greet, play with, work with, and learn with<br />

other members of our community through volunteering. I believe the<br />

Community Justice <strong>Society</strong>, the Legal Information <strong>Society</strong> of <strong>No</strong>va<br />

<strong>Scotia</strong> and the Family Law Information Centre all provide accessibility<br />

to the legal system and heal conflict within the community.<br />

As a lawyer, volunteering with these organizations and serving on the<br />

board of directors has allowed me to really give to our community in<br />

a meaningful way, and I can tell you, I always get back more than I<br />

give!!<br />

34 The <strong>Society</strong> Record


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<strong>April</strong> <strong>2008</strong> 35


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36 The <strong>Society</strong> Record


A Positive Approach<br />

In 2007, I took a leave of absence from private practice and, among<br />

other things, began volunteering in my daughter’s classroom at<br />

Atlantic View Elementary School. Initially, this was simply a way<br />

for me to be a part of her day, and to assist the classroom teacher,<br />

however, to my great surprise, this experience eventually turned into<br />

much, much more.<br />

Within three weeks of the<br />

program’s start, children who<br />

had fought reading support and<br />

exhibited difficulties, began to<br />

look forward to the class and<br />

engage in discussions.<br />

I began to work with students who had difficulties reading, and then<br />

started to ask questions and talk to the teaching staff about literacy and<br />

the programs and resources offered within the public school system. I<br />

discovered a professional teaching staff with an intense caring for the<br />

well-being of their charges (educationally, physically, and mentally)<br />

and the creativity to “think outside the box” when required. I also<br />

discovered that although the Department of Education and School<br />

Board provide resources for literacy training, there is a need for additional<br />

resources and support, especially for special projects.<br />

Further research brought me to the shocking realization that 42 per<br />

cent of Canadians, age 16 to 42, do not have the minimum skills<br />

in literacy for coping with everyday life and work. This statistic was<br />

taken from a Stats Canada release dated <strong>No</strong>vember 9, 2005 which<br />

reported on the 2003 International Adult Literacy and Skills Survey.<br />

In addition to this, Constable John Kennedy (RCMP in Dalhousie,<br />

N.B.), the founder of The Adopt a Library Literacy Program, noted<br />

in an interview published in the Cape Breton Post (pg. A8) on October<br />

11, 2007, that he had noticed that young people he was arresting<br />

were not able to write their own statements. He began the program<br />

in response to this finding. He states in the interview that: “Illiteracy<br />

is a root cause of crime. Illiteracy is<br />

not an educational problem, it’s a<br />

community problem.”<br />

Terry Bartlett Visser<br />

DCL Law<br />

I began working with resource teacher, Diane Lachowiez, on a reading<br />

project she developed based on values, globalization, and differentiated<br />

classrooms. In an elementary classroom, any difference a<br />

child may have, if viewed as a negative, may translate into low selfesteem,<br />

behavioural difficulties and disengagement from the learning<br />

process. A differentiated theoretical approach means differences are<br />

looked at as positives. In the classroom this means children are given<br />

choice, encouraged to work together, encouraged to ask questions<br />

and explore at their own level, using their own skills. This approach<br />

means, when working in a group more ideas and perspectives will<br />

be shared and all students can feel good about themselves and their<br />

contributions.<br />

The project name is Reading is the Ribbon that Ties Us Together. This<br />

project framework places books in the hands of children as they explore<br />

their world. “Passports” are given to each student and are stamped as<br />

the child “travels” to different countries, experiencing different cultures<br />

and people as they journey through books. The project was piloted<br />

in the grade 3 classroom in September of 2007. Every class, 35 to<br />

40 theme-based fiction and non-fiction books encompassing various<br />

reading levels are made available to the children. Each child is then<br />

responsible to pick out a “just right book” for themselves, promoting<br />

responsibility, self-esteem and a feeling of control over their own<br />

learning environment. They are encouraged to share books with each<br />

other and share their new found information and make connections<br />

from personal experiences.<br />

I am involved in many aspects of the program: from volunteering in<br />

the classroom, guest speaking on various issues, writing grant proposals<br />

and arranging guest speakers, to sourcing appropriate books<br />

and resources, and educating the public on the importance of literacy<br />

development. Within the classroom, what I have observed is<br />

nothing short of amazing. Within three weeks of the program’s start,<br />

children who had fought reading support and exhibited difficulties,<br />

began to look forward to the class and engage in discussions. Students<br />

have become more open to asking for assistance from their<br />

peers and sharing new found knowledge during discussion time. In<br />

addition, the success of the Reading is the Ribbon program began to<br />

filter into other areas such as behaviour, participation, and of course<br />

reading acceptance.<br />

<strong>April</strong> <strong>2008</strong> 37


NOVA SCOTIA<br />

BARRISTERS’ SOCIETY<br />

<strong>2008</strong> NSBS ANNUAL MEETiNG<br />

Professionalism in Practice: Being Civil in Times of Change<br />

June 19 – 21, <strong>2008</strong> | Inverary Inn, Baddeck, <strong>No</strong>va <strong>Scotia</strong><br />

KEYNOTE SPEAKER:<br />

The Honourable Chief Justice A.H. Wachowich, Court of Queen’s Bench, Alberta<br />

Register now<br />

and save!<br />

Early bird rate available<br />

until <strong>April</strong> 25, <strong>2008</strong><br />

www.nsbs.org/<br />

annualMeeting.php<br />

THE EVENT<br />

Professionalism in Practice: Being Civil in Times of Change is a substantive education<br />

program designed for lawyers from all practice areas. New and seasoned lawyers will gain<br />

valuable information on the new Civil Procedure Rules as well as practice tips for dealing<br />

with the new Rules and strategies for tackling the learning curve for the new Rules.<br />

Join us for the Civil Procedure Plenary – Words from the Bench<br />

Justices Murphy and Fichaud and others will present the new rules with comments on<br />

how they were formulated to change the culture of legal practice in <strong>No</strong>va <strong>Scotia</strong>, highlighting<br />

key changes.<br />

Plus, networking lunches hosted by senior members of the Bar including the Gender<br />

Equity Committee, American College of Trial Lawyers, Canadian Bar Association – <strong>No</strong>va<br />

<strong>Scotia</strong>, <strong>No</strong>va <strong>Scotia</strong> Legal Aid, Public Prosecution Service (NS) and an encore of the<br />

popular “Living and Loving a Lawyer” spousal luncheon (stay tuned for details!).<br />

Why Attend<br />

• Build your competencies<br />

• Experience innovative professional<br />

development<br />

• Network with members of the Bar and<br />

Judiciary<br />

• Socialize in a relaxing family<br />

environment<br />

What do you get<br />

• Seven dynamic education events<br />

• Six networking opportunities<br />

• Six meals over two days<br />

• Dinner with wine and live entertainment<br />

both nights<br />

• Trade Show plus more!<br />

CONTINUING Professional Development<br />

38 <strong>No</strong>va The <strong>Scotia</strong> <strong>Society</strong> Barristers’ Record <strong>Society</strong>, 1645 Granville Street, Halifax, NS, B3J 1X3 | 902-422-1491 | www.nsbs.org


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902-468-4676, (toll free) 1-800-272-1445 or visit us online at<br />

www.barfinancial.com<br />

<strong>April</strong> <strong>2008</strong> 39<br />

December 2005 43


Financial Strength Ratings: Demotech, Inc. A” | Fitch Ratings A+ | LACE Financial A | Moody’s A2<br />

Over the past 100 years, Stewart Title has become one of the largest, most reliable title insurance<br />

companies in the world. However, global presence and financial strength tell only half the story. It’s how<br />

we work with legal professionals that sets us apart. A solid history of initiatives to support the legal<br />

community is a hallmark of our company.<br />

We are continually investing in both technology and people to streamline the real estate process, and<br />

give you the resources you need to handle transactions faster and more efficiently. Unparalleled<br />

information technologies and the Examining Counsel Program are only two of the ways we make it<br />

easier for legal professionals. Experienced underwriters and claims counsel who are there when you<br />

need them is another.<br />

At Stewart Title, we know it’s our relationship with our clients that determines our success. That’s why<br />

service is the foundation of our business and integrity, the keystone in all our dealings.<br />

Call us today or visit www.stewart.ca.<br />

Canadian Head Office (Toronto): (888) 667-5151 Atlantic Canada: (888) 757-0078<br />

Western Canada: (866) 515-8401 Québec: (866) 235-9152<br />

40 The <strong>Society</strong> Record

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