ARCTIC OBITER

ARCTIC 

OBITER 

MARCH/APRIL 2012 VOLUME XVII · ISSUE 2 

INSIDE 

p.15 

p.17 

THE CBA ON THE FUTURE OF 

THE LEGAL PROFESSION 

HOME BUYING AFTER A 

MARRIAGE ENDS: TRICKY BUT 

ACHIEVABLE 

p.18 

MANDATORY CPD: 

DOES IT WORK? 

PRESIDENT’S MESSAGE 2 

CBA-NT BAR NOTES 3 

THE DIRECTOR’S CHAIR 4 

FOCUS ON MEMBERS 6 

CBA NATIONAL NEWS 12 

NWT DECISION DIGEST 22 

SUPREME COURT UPDATE 31 

NWT LEGISLATIVE NEWS 33 

NOTICES 34 

Measuring 

Competency 

is professional development a 

true means for law societies to 

gauge and monitor members’ 

legal savvy? 

RESOURCES 35 

Arctic Obiter is a joint publication of the Law Society of the 

Northwest Territories and the Northwest Territories Branch of the 

Canadian Bar Association. For current and past issues, subscription 

details, submissions, advertising and all other enquiries, please visit 

www.lsnt.ca/newsletter.

PRESIDENT’S MESSAGE 

nly roughly 10% of all discipline complaints received 

O in Ontario are because of legal errors. The vast 

majority arise because of ineffective client communication 

and poor office management. The story is the same across 

most of the country. 

The mandate of the Federation of law Societies is to serve the 

public interest; a mandate shared by every law society 

including our own. Two keys aspects of 

that mandate are strengthening the 

profession’s system of self- governance 

and reinforcing public confidence in it. 

Clearly a reduction in the types of issues 

that lead to complaints will both 

strengthen the profession and have the 

corollary effective of improving public 

confidence. 

That we must achieve these goals in an 

ever globalizing world was a central topic 

of the March semi- annual conference of 

the Federation of Law Societies in Quebec 

City, attended by our Vice-President 

Karen Wilford, Federation representative 

Sheila MacPherson, Executive Director 

Linda Whitford and myself. The Conference 

Caroline G. Wawzonek 

was an opportunity to exchange ideas, hear innovative 

solutions to shared challenges, and identify helpful 

resources. I would like to provide you with a few highlights: 

Access to justice remains a high priority for the Federation. 

The point was made that lawyers providing services to the 

most vulnerable and too frequently under-served members 

of the public are themselves often the most at risk for 

professional complaints and/or personal health issues, which 

in turn can lead to complaints. One aspect of supporting 

access to justice is, therefore, to support the lawyers who 

provide the “front line” services. These groups include sole 

practitioners, young lawyers and others who operate a high 

volume practice, and lawyers in rural settings with fewer 

similarly situated colleagues. The point is not to single these 

groups out only at the stage when a complaint is already 

coming in. The importance of identifying high risk groups is 

to ensure that the Law Society is adequately performing its 

role by providing these groups of lawyers with sufficient 

practice management supports. 

Several law societies have extensive online information 

targeting the needs and issues that members of these groups 

may face. Alberta has launched SoloNet as an online forum 

to encourage sole practitioners or lawyers in rural settings to 

seek and establish connections with 

colleagues. In British Columbia, articling 

students are required to spend an hour 

with a bencher, which hopefully creates a 

foundation for seeking future mentoring 

from other practitioners. 

There are also creative supports to help 

lawyers balance the demands of practice 

against the rest of their lives. For example, 

in Quebec, the legal profession, the 

Minister of Justice and the judiciary 

signed a declaration in support of family 

life balance. Anecdotally, lawyers have 

successfully relied on the declaration in 

circumstance when they felt they were 

being pressured to work hours that made 

their life balance untenable. 

Several law societies make available practice advisors who 

not only can provide advice to lawyers with specific practice 

questions, but will also assist a lawyer to establish (or reestablish) 

good office management systems. 

One other key message for all lawyers is that a duty exists 

for all of us to help support our colleagues in the legal 

profession. Obviously this includes making time for formal 

mentoring, both mentors and potential mentees, but it can 

also be far more casual and day-to-day. It may be as simple 

as taking time for a coffee with a colleague when you have a 

hunch that something is wrong. We owe it to ourselves and 

the profession we share to take those few moments and 

check in with ourselves and each other. 

2 ■ MARCH/APRIL 2013 ARCTIC OBITER

CBA-NT BAR NOTES 

’d like to begin by congratulating Elaine Keenan Bengts 

I on receiving the CBA’s Doug Miller Award. The local 

branch was pleased to nominate Elaine, and her win 

demonstrates how lawyers from small jurisdictions can 

make a significant contribution both locally and nationally 

through the CBA. 

Also, congratulations to Secretary-Treasurer Karin Taylor 

on her receipt of a Diamond Jubilee 

medal. Karin’s extensive community 

involvement, including her work with the 

CBA, was acknowledged with this award. 

On the topic of awards, our local branch 

is seeking nominations for the CBA-NT 

Community Service Award. This award 

recognizes a CBA member who is an 

active volunteer and contributes 

significantly to the broader community. 

To nominate a deserving CBA Member, 

please contact the office at (867) 669-7739. 

Since my last column, the election for 2 nd 

Vice-President of CBA Nationally has 

been completed, and Janet Fuhrer was the 

successful candidate. I congratulate Janet 

and thank both her and Paul Sweeny for putting their 

names forward, and for bringing their campaigns to 

Yellowknife. Later this spring, your local CBA branch will 

be seeking candidates for the position of Secretary- 

Treasurer. This is a ladder position, which ultimately 

results in being CBA-NT President. My time on the 

Executive has been fun and fulfilling and I encourage all 

members to consider putting their name forward when 

the call for nominations is issued. 

Glen W. Rutland 

Locally, the CBA is partnering with several organizations 

to bring interesting events and topics to our members. On 

May 1, the Young Lawyers Division is partnering with the 

Association in Defence of the Wrongfully Convicted 

(AIDWYC) to give a presentation on their work and seek 

volunteers in the NWT. Also on that same day, the CBA is 

partnering with the local NWT chapter of the Institute of 

Public Administration of Canada for a presentation from 

Nitya Iyer, a lawyer and Equal Pay Commissioner for the 

Northwest Territories. 

In my last column, I mentioned that I would provide an 

update on several national initiatives. CBA National is 

hosting the Envisioning Equal Justice Summit in Vancouver 

at the end of April. This is part of a broad 

initiative by CBA’s Access to Justice 

Committee to ensure that everyone, 

regardless of income level, must be able to 

use the remedies that Canadian laws and 

the legal system provide. For more 

information, visit cba.org/CBA/Access/ 

main/. 

The second major national initiative is the 

Futures Initiative, chaired by CBA Vice- 

President Fred Headon. This initiative is 

designed to help understand the massive 

change that is impacting the environment 

lawyers practice in, and to identify ideas, 

approaches, practical tools and resources 

that members can use to structure their 

practices and delivery of legal services for success. More 

information will be coming as work in this area 

progresses. 

Finally a thank you to Karin Taylor, our Young Lawyers 

Division, and all members who helped out with Law 

Week activities. This is a high-profile CBA event which 

allows lawyers to give back to the community. Activities 

included a food drive, public presentation, charity bake 

sale, and the resurrection of Law Line for the week of 

April 15-19, 2013. 

As always, if you have any questions or concerns, please 

feel free to contact me at glen_rutland@gov.nt.ca or (867) 

920-3225. 

ARCTIC OBITER MARCH/APRIL 2013 ■ 3

THE DIRECTOR’S CHAIR 

M 

y calendar tells me it’s supposed to be spring, 

but the sun outside does not hide the –8 

degree temperatures lowering to –17 and the nasty 

wind that accompanies it. We try to take heart from 

the fact that other areas of the country are enduring a 

similar or worse fate, but, although some of the snow 

is melting, it has not done a lot to improve my sunny 

disposition as we process the last of the 

annual renewals. 

This is where the 

cartoon comes into play as I climb on 

my “administrative soapbox” and 

preach. Unfortunately, in this forum, 

the message aimed at a few gets 

directed to the whole. Hopefully there 

is something to be learned from it all. 

RENEWAL FORMS 

It may be easier to pass the renewal 

forms to someone else to complete for 

you, but it is not they who are a 

member of the Law Society, or for 

whom there could be consequences if 

things are not done correctly. Too often 

questions are left unanswered, forms are sent without 

fees, fees are sent with no forms, et cetera. Then there 

is the matter of timing. Canada Post cannot deliver 

overnight to Yellowknife, especially on a four day 

weekend. 

To avoid the high costs associated with snail mail, the 

Law Society starting using electronic mail a couple of 

years ago. Members now receive an electronic notice 

for the annual renewal of membership in mid-January. 

Those who do not have email receive it by fax. 

Renewal information is also posted on the Law Society 

web site, and reminders go out with each weekly 

bulletin. 

Linda G. Whitford 

The requisite forms and prescribed fee are due no later 

than March 31 st . If we have not heard from you, a 

targeted second reminder goes out at the beginning of 

March. Finally, as a courtesy, when the deadline 

draws nigh and we still have not heard from you, we 

send out a personal reminder in the hopes that we can 

avoid suspensions. There is nothing funny about being 

told by the Judge in the middle of a trial that you have 

been suspended by the Law Society. 

The key to all of this working 

effectively is our having a current e- 

mail address, and you making sure our 

emails do not redirect to a spam folder. 

All that being said, mistakes do happen 

and we work quickly to rectify any that 

happen on our end and work with you 

when the ball gets dropped on your 

end. 

INSURANCE CLAIMS 

Rule 122 of the Rules of the Law Society 

require a member to promptly notify 

the Secretary and the insurer under the 

group contract of any situation that 

may result in a claim being made against the 

Professional Liability Claims Fund, or the group 

contract entered into by the Society under subsection 

61(1) of the Act. In this case, the Insurer is CLIA, but 

our claims administration is done by the Alberta 

Lawyers Insurance Association. Information on filing 

a claim report can be found on our website. 

Quarterly, I receive a copy of the Claims Bordereau 

listing all claims reported by insured members in this 

jurisdiction. Invariably, there is a claim reported that 

has not been reported to the Law Society. While our 

protocol is to get in touch with the member in 

question, there is precedence where members have 

(CONTINUED ON PAGE 5) 


(CONTINUED FROM PAGE 4) 

been subject to discipline for not notifying the Law 

Society. Don’t let it come to that! When you file notice 

of a potential claim with the insurer, send a copy to the 

Law Society. 

MEMBER’S RIGHTS AND ENTITLEMENTS 

OR “WHAT ARE YOU DOING FOR ME?” 

For those that don’t know, I have been with the Law 

Society of the NWT since 1996. In that time, and more 

than once, I have been chastised by members who are 

of the opinion that being a member of the Law Society 

of the Northwest Territories is something akin to 

belonging to a club, complete with exclusive rights 

and privileges. Well, they are right, in a sense. 

Enrollment in the Law Society of the Northwest 

Territories gives them the right to practice law in this 

jurisdiction. No different than a driver’s licence, this 

right comes with certain expectations and 

requirements: they must abide by the rules, they must 

follow the Code of Professional Conduct, et cetera. 

The Law Society, in its role, governs the profession (ie, 

the members) in the public interest, prioritizing the 

business of preserving our self-regulation. The CBA, 

on the other hand, is responsible for advocating on 

behalf of the profession — a role it fulfills very well. 

All that aside, the Law Society does 

provide services for its members. 

Perhaps the most valuable, is the 

Lawyers Assistance Program. Human 

Solutions offers proactive, complete 

health and wellness solutions for 

employees, and integrated workplace 

support for organizations. Their 

Employee and Family Assistance 

Program focuses on enabling people to 

develop the skills necessary to solve their 

life problems without creating a long-term dependent 

counselling relationship; and Organizational 

Wellness offers an integrated approach to workplace 

wellness directly supporting the health and wellness 

of employees. Check out their Health-e Multimedia 

Centre page to find dozens of videos and podcasts to 

assist with a wide range of health and wellness issues. 

We all need a little help from time to time, and there is 

no shame in reaching out for it. 

EMPLOYMENT OPPORTUNITY 

Finally, those thoroughly perusing the pages of this 

edition will find the notice seeking the services of an 

Executive Director to take over when I retire on April 

30, 2014. If you know of a suitable candidate, be sure 

to pass it along. The deadline for applications is July 

1 st . 

In closing, I’d like to thank to all those who got in 

touch to make sure Amber and I were safe and sound 

following the Boston bombings. This is one run I 

would love to be able to do, but am not up to that 

caliber. Will I keep doing runs? Yes, so long as these 

old bones hold out. If we stop living, they win, and 

that is not acceptable. Thanks also for your best 

wishes as Marc and I became grandparents last month. 

Yes, Linda is a Grandma! I should note that we have 

both a 12-year-old step-grandson and a 6-year-old step 

-granddaughter, but this is the first 

grandbaby. It brings a whole new 

perspective to daily life. 

With that said, be safe, be well, be 

happy and, with the snow declining, see 

you on the road as soon as my bike is 

serviced. 


FOCUS ON MEMBERS 

NEW MEMBERS 

The Law Society welcomes its new calls in March and 

April: 

ALAN R. REGAL 

BARRISTER & SOLICITER · YELLOWKNIFE 

KENNETH LANDA 

DEPT. OF JUSTICE, CANADA · YELLOWKNIFE 

RYAN J. CARRIER 

BRITISH COLUMBIA SECURITIES COMMISSION · 

VANCOUVER 

Moving into demographics, it appears the majority of 

resident lawyers are aged 46-55 (28%) and 36-45 (27%), 

followed by the 26– to 35-year-olds (24%), 56– to 65- 

year-olds (15%), and finally those over 65 (6%). Fiftyfive 

percent of resident members are male. 

In contrast, non-residents are primarily comprised of 

lawyers between 56 and 65 (32%), and between 46 and 

55 (30%). Seventy-five percent of non-resident 

members are male. 

It would be interesting to see how far the Arctic Obiter 

reaches within and outside of the membership. 

MICHELLE S. THÉRIAULT 

MCLENNAN ROSS LLP · YELLOWKNIFE 

MEMBERS AT LARGE 

It’s no secret that the majority of the Law Society’s 

members live outside of the 

Territories. To the left is a current 

snapshot of the geographic 

disbursement of members. 

Edmonton continues to be 

home to a majority of 

members, with Calgary, 

Vancouver, Ottawa and 

Toronto also acting as hubs. 

East of Ontario, one member 

can be found in Nova Scotia. 

Within the NWT, members 

r e si de pr edo m i n a n tl y i n 

Yellowknife (127), with smaller legal 

communities in Behchoko (2), Fort Simpson (1), Fort 

Smith (2), Hay River (3), and Inuvik (3). 


MAKING A SPLASH FOR CHARITY 

Yellowknife lawyers, under the team name “Beyond a 

Reasonable Trout”, netted $3097.00 for the Yellowknife 

Association for Community Living (YACL) at its 

annual Gumboot Rally on April 27. 

The 21 st annual Gumboot Rally raised a total of 

$15,877.50 for the YACL, now in its 50 th anniversary 

year. The funds help support excellent projects for the 

intellectually disabled. 

The team hooked 91 individual donators from the 

legal community. One member, Karen Lajoie, boasts 

her 12-year personal best of $1000 in donations. “It is 

the continued support of the legal community that 

enables us to do so well each year,” she said, “and all 

of us Trout are very thankful for the financial support 

we receive each and every year.” 

This marks the third consecutive year that the Trout 

were the top fundraising team, this time besting 16 

other teams. The team also takes 3rd place in athletics, 

marking yet another first. 

WADING TO EXCEL: [from left] Karen Lajoie, Bernice Dillman, Sue Glowach, 

Sylvia Haener and Caroline Wawzonek (and Bean). 

ADIEU TO YOU 

March 31 is a time for all members to consider their 

practice in the NWT, and the time we say goodbye to 

some members before the new membership year. 

Worth mentioning this year are the resignations of 

long-standing members Kenneth Bailey, QC (called 

August 1979), George Bowker, QC (June 1978), John J. 

Marshall, QC (April 1975), and the Hon. Justice M. 

Ali Adam of the High Court of Zimbabwe (August 

1974). Also of note are Sir Francis C.R. Price (April 

1978) and John L. McDougall, QC (March 1980), who 

have opted to change their status to inactive. 

The Law Society wishes them well in their continued 

practices and, when applicable, their well-deserved 

retirements. 

For a complete listing of resignations, changes of 

status, suspensions, reinstatements and more, visit the 

Law Society website: 

www.lawsociety.nt.ca/regulation/notices.html 

LAY-MEMBERS NEEDED 

The Law Society is seeking suggestions for laypersons 

to serve on the Discipline Committee. Members are 

encouraged to recommend the position to any member 

of the public. Those interested in serving on the 

Committee and/or those wishing to find out more are 

asked to contact the Law Society directly. 

MEMBER NEWS 

The Arctic Obiter is your newsletter. Send your 

submissions to communications@lawsociety.nt.ca. 

Comments and suggestions are also welcome. 


LAW WEEK 2013 

TASTY TREATS ACCOMPANY SOUND KNOWLEDGE 

Cookies, cupcakes, and squares, oh my! Donated baked 

goods from lawyers of all areas of practice in the 

capital city sold quickly as lunch-goers crowded 

around the annual Law Week 

Bake Sale on Friday, April 19. 

The Free Legal Information kiosk 

also proved to be a hot-spot with 

a variety of information packages 

being picked up by the public. 

Pro Bono lawyer Jeannette Savoie 

headed the kiosk for the third 

consecutive year. “It was a great 

success; a very busy lunch-hour,” she said, noting a 

number of people requested follow-up appointments 

or referrals. 

The extended lunch break 

emptied both tables of goods and 

publications, and drew in a total 

of $580.50 for the Yellowknife 

Food Bank. 

HOW MUCH FOR A SMILE?: [left] Shirley 

Walsh and Karin Taylor stop selling treats for a 

phot-op. [above] The bake sale and legal 

information tables ready-to-go. 

LAWLINE ANSWERS THE CALL 

The NWT’s LawLine, the free legal information 

hotline, was resurrected as part of the events 

celebrating Law Week. Volunteers took turns 

manning the lines between 5:00pm and 7:00pm 

throughout the week, and most nights saw the phones 

ringing regularly. 

Northwestel graciously provided the temporary tollfree 

number as Tricia Ralph, Karin Taylor, Emerald 

Murphy, Glen Rutland and Jeannette Savoie shared 

the hours for answering calls and assisting all 

residents in the NWT with their legal concerns. 

“It was great to hear the phone ringing almost nonstop 

some nights,” said one staff member at the Law 

Society/CBA-NT office. 


WILLS SEMINAR DRAWS A CROWD 

Yellowknife Lawyer Michael Gannon and Chartered 

Accountant Tara Clowes scared, and hopefully 

educated, members of the public with their 

presentation on “Preparing a Will” on Thursday, April 

18. The hour-long event at the Yellowknife Public 

Library was well attended, with many of the 

participants having their challenging questions 

answered. 

As Michael discussed the legal terms and processes of 

a will, Tara focused on the requirements and 

expectations set out by the Canada Revenue Agency. 

FOOD DRIVE SPARKS COMPETITION 

Firms in Yellowknife showed their competitive side as 

the CBA-NT Young Lawyers’ challenged all lawyers to 

collect canned goods during a Law Week food drive. 

By the end of the week, Lawson Lundell LLP and the 

Legal Services Board of the NWT were head-to-head 

in donations. 

Judges reached consensus, and the grand prize - 

bragging rights for a full year - was split between the 

two offices. 

“It was a tight race, and we thank everyone who 

participated,” said Karin Taylor, Chair of the Young 

Lawyers. 

The food drive collection, along with a cheque for 

$580.50 (plus another for $100) from Friday’s Bake 

Sale, were delivered to the Yellowknife Food Bank. 

FOOD, GLORIOUS FOOD: [top] Karin Taylor presents a cheque to 

Yellowknife Food Bank President Grant Pryznyk. [bottom] Donations 

are packed for delivery. 


WOLF ACQUITTED, PIGS REBUILD 

In a surprise victory for the defence, B.B. Wolf was found 

not guilty of three counts of breaking & entering. The 

decision, made last Wednesday, April 17, leaves the swine 

community in shock. 

Yellowknife Scouts witnessed and participated in the 

trial of R v Wolf, where three pigs testified that the Big 

Bad Wolf had blown their houses down or, at the 

third, brick-laden house, trespassed via the chimney. 

Wolf’s lawyer defended his actions, stating his client 

was merely trying to borrow a cup of sugar, and citing 

an allergic reaction to straw and foliage as reason for 

to the unfortunate damage to the pigs’ homes. The 

crux of the case was on the police account that a 

measuring cup and 

allergy medication were 

found on Wolf on his 

arrest. After a tough 

deliberation, the jury 

came back with a verdict 

of not guilty. 

Lawyers as part of Law Week 2013. Jennifer Bond 

presided over the trial, Jessica Patterson acted for the 

Crown, Scott Duke acted for the defendant, and Tricia 

Ralph provided witness testimony as the officer on the 

scene. 

The trial was part of a talk about the criminal justice 

system. “It was a lot of fun and a good way to 

celebrate Law Week,” says Bond. 

Fox agrees. “All the kids were eager participants and 

had a lot of fun, and we easily could have stayed there 

for another hour or two answering their questions and 

telling them stories about trials we had done and how 

things work in real life.” 

The Mock Trial was 

prepared by the Young 

HUFFING AND PUFFING: [top] Scouts attend Fairy Tale Court for 

the criminal trial. [above] Three pigs await a verdict after giving 

testimony. [right] Wolf and lawyer Scott Duke stand for the verdict. 


THANK YOU! 

The CBA-NT Young Lawyers wish to thank all 

volunteers for their contributions during Law Week 

2013. 

LawLine Operators: Tricia Ralph, Emerald Murphy, 

Karin Taylor, Glen Rutland, and Jeannette Savoie. 

Bake Sale Donations: Leanne Dragon, Tom Hall, 

Tricia Ralph, Shirley Walsh, Karin Taylor, Jen Bond, 

Sandra MacKenzie, Pauline Baisley, Ramona Sladic, 

Shannon & Emily Gullberg, Edward Gullberg, Pauline 

Miller, Margo Nightingale, Jacqueline Porter, Austin 

Marshall, Linda Whitford and Donna Keats. 

Mock Trial Participants: Tricia Ralph, Jennifer Bond, 

Jessica Patterson, Andrew Fox and Karin Taylor. 

“Preparing a Will” Presenters: Michael Gannon and 

Tara Clowes. 

YWCA “Girlspace” Presenters: Magnolia Unka, 

Malinda Kellett, Sandra MacKenzie and Karen Lajoie. 

Legal Information Booth: Jeannette Savoie 

Yellowknife Postering: Emily Gullberg 

And to all those that aren’t listed, thank you! 

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CBA NATIONAL NEWS 

FUHRER WINS ELECTION FOR NATIONAL SECOND VP 

Janet Fuhrer of Ottawa has won the 

election for incoming Second Vice- 

President of the CBA. The position is the 

first step on the ladder to the national 

presidency, a post she will assume in 

August 2015. 

“I am committed to a strong, unified 

association with national, provincial and 

territorial groups working together, 

delivering affordable products and 

Janet Fuhrer 

services that provide demonstrable value,” said Fuhrer 

in describing her vision for the CBA. “It is your new or 

renewed membership, and your interest 

in belonging and volunteering, which are 

needed for the important work of the 

CBA to be done.” 

Ninety-three percent of Council 

members voted in the two-way election 

race between Ms. Fuhrer and Paul 

Sweeny. A CBA member since 1985, Ms. 

Fuhrer currently chairs the National 

Professional Development Committee, 

and is a past chair of National Sections Council. 

CCCA & ROTMAN SCHOOL OF MANAGEMENT 

PARTNER TO CREATE IN-HOUSE CERTIFICATION PROGRAM 

The CCCA and the University of 

Toronto’s Rotman School of 

Management have partnered to 

create the Business Leadership 

Program for In-House Counsel, 

which will provide graduates 

with the designation of Certified 

In-House Counsel – Canada 

(CIC.C). 

“The program fulfills the 

Roger Martin, Dean of the Rotman School of Management, 

and Grant Borbridge, CCCA Chair 

members, giving them a 

competitive edge over their 

peers. Essentially, graduates of 

the Certified In-House Counsel – 

Canada program will have 

proven that they can use their 

legal skills and business 

knowledge to solve complex and 

ever-changing organizational 

challenges.” 

learning and competency needs required by in-house The announcement was made on April 15 at the 

counsel who are ultimately looking to become a CCCA’s National Spring Conference in Toronto. To 

General Counsel or member of an executive team,” learn more about the program, visit www.cccaaccje.org. 

explained CCCA Chair Grant Borbridge, Q.C. “This 

program provides an enormous advantage to CCCA 


CBA INTERVENES AT SCC IN 

SUMMARY JUDGMENT APPEALS 

The CBA recently intervened at the Supreme Court of 

Canada in Bruno Appliance v. Hryniak and Hryniak v. 

Mauldin, two appeals interpreting Ontario’s summary 

judgment rules. The CBA’s David Sterns and Paul 

Sweeny appeared on behalf of the Association. 

In a video interview with National magazine, Sterns 

explained why the CBA’s appearance was important. 

“The CBA was here to ensure that the court 

understood from the profession the importance of 

Paul Sweeny & David Sterns speak to National magazine. 

getting access to a dispute resolution process, 

whatever that may be, quickly and cheaply.” 

Watch the full interview at nationalmagazine.ca. 

ENVISIONING EQUAL JUSTICE 

On a recent broadcast of CBC’s Radio’s Sunday which, through extensive research, communications, 

Edition, Dr. Melina Buckley of the CBA spoke about and coordinated efforts to produce a common vision, 

Canada’s ongoing access to justice crisis. 

aims to respond to the access to justice crisis and 

improve justice for all Canadians. 

Despite the serious problems the public 

faces in receiving legal assistance, Dr. 

The Envisioning Equal Justice Summit, 

Buckley commented to program host 

taking place April 25-27 in Vancouver, is 

Michael Enright, “We’re at a really 

a major part of the project. The summit 

important moment in terms of working 

will bring together stakeholders from 

together and trying to make the system 

across the legal landscape to develop a 

work for everybody.” Listen to the full 

shared vision of equal justice and the 

discussion at: http://j.mp/CBCBuckley. 

practical strategies needed to achieve that 

vision. 

Dr. Buckley is chair of the Access to 

Justice Committee, which coordinates and 

Learn more about the Committee’s work: 

integrates CBA activities to improve and 

www.cba.org/CBA/Access/main/. 

promote access to justice for the poor and 

middle class in Canada. In 2012, the 

Committee embarked upon an ambitious 

project titled Envisioning Equal Justice, 

Dr. Melina Buckley, Chair of the 

CBA’s Access to Justice Committee 


BC COURT OF APPEAL DECISION UPHOLDS LAWYERS’ 

DUTY TO CLIENTS 

Signifying an important win for the independence of 

the bar, the BC Court of Appeal has upheld the 

decision in Federation of Law Societies of Canada (FLSC) 

v. Canada (Attorney General) that including lawyers in 

Canada’s Proceeds of Crime (Money Laundering) and 

Terrorist Financing Act and related regulations is 

unconstitutional. 

The CBA intervened, arguing that the law violates ss. 7 

and 8 of the Charter by interfering with the solicitorclient 

relationship, and that requiring lawyers to 

record information about their clients which would be 

available to the state threatens a lawyer’s duty to their 

clients. 

The Court agreed with the CBA’s position, and stated 

that the independence of the bar is a principle of 

fundamental justice. The 

CBA has defended 

solicitor-client privilege 

and the independence of 

the bar since the first 

Proceeds of Crime (Money 

Laundering) Act was 

tabled in Parliament in 

1999. Ron Skolrood of 

Vancouver’s Lawson 

Lundell LLP has served 

as the CBA’s pro bono 

counsel since 2001. 

Ron Skolrood, CBA pro bono counsel 

2013 CANADIAN LEGAL CONFERENCE: 

SASKATOON, AUGUST 18-20 

Registration is open for the 2013 CBA Legal Conference (CLC) in 

sunny Saskatoon, SK! 

Attend the CLC from Aug. 18 to 20 to connect with over 1,000 legal 

professionals; learn in participant-driven, interactive, accredited PD 

sessions; and experience three days of skills development, 

influential speakers, and networking with colleagues. 

Visit the conference website to register and learn more. Follow the 

CBA on Twitter @CBA_News and keep an eye on our conference 

hashtag (#CLC2013) to be the first to hear about program updates 

and announcements. 


ON TOPIC 

THE CBA ON THE FUTURE OF THE LEGAL PROFESSION 

strange. 

For generations, Canada provided refuge and 

opportunities for individuals seeking a home where they 

could build a good life. Our strong legal system remains 

the foundation on which that home was built, offering 

protections to those who faced persecution for reasons 

such as the colour of their skin or their political or 

religious beliefs. On April 17, 1982, Canada enshrined 

those protections in the Charter of Rights and Freedoms, 

declaring that equality under the law is fundamental to 

the quality of life of its citizens. 

Fred Headon 

Incoming President, Canadian Bar Association 

Senior Counsel, Air Canada 

Dorval, Quebec 

Since then, Canada’s commitment to equality and justice 

– a real source of pride for most Canadians – has been 

celebrated on April 17, known as Law Day. But we 

cannot rest on our laurels as a society or as a profession. 

Our system is not perfect. The wheels of justice can be 

ponderously slow. The needs and expectations of clients 

are changing. Now – as the traditional way of doing 

business shifts and new pressures threaten the ability to 

deliver on the promise of our rights and freedoms – is the 

time for lawyers to examine their changing roles and for 

the profession to clarify its responsibilities as advocate for 

the rule of law and a protector of the justice system. 

It’s time, as David Bowie sang, to turn and face the 

The Canadian Bar Association, the national voice of more 

than 37,000 lawyers, has launched two initiatives that will 

examine the state of the legal profession, position its 

members for the new normal, and launch a new 

conversation on access to justice. 

The CBA Legal Futures Initiative, the first comprehensive 

study of its kind in Canada, is canvassing clients and the 

lawyers who represent them in order to develop ideas 

and new approaches to help the profession and 

institutions meet this challenge. The Envisioning Equal 

Justice initiative will bring together stakeholders to 

discuss how to meet their shared responsibility to 

improve access to justice, starting with a summit April 25 

-27 in Vancouver. 

The Futures Initiative seeks to identify the economic, 

social, legal and technological factors that are likely to 

change the legal marketplace in the next decade, and as 

part of that, to assess how client expectations are likely to 

shift in that time. From there, the CBA will look at what 

the legal industry and educational institutions need to do 

to ensure that everyone can adapt to the changing 

environment, and develop practice tools to keep lawyers 

relevant and effective into the next decade and beyond. 

The first phase of the initiative focused on that 

foundational research; Phase II will focus on consultation 

with legal industry stakeholders. 

The CBA will share its research results over the next few 

months, and invite both lawyers and their clients to join a 


discussion about their vision for the future of the 

profession. 

The legal profession isn’t the only sector feeling the 

effects of struggling global and local economies, a chronic 

lack of resources and the relentless demands of everchanging 

technology; all parts of our society are having 

to change the way they live and work. But the sea change 

facing lawyers is making everyone queasy. 

“There is a growing and widespread expectation that the 

legal marketplace is set to undergo substantial change, if 

not transformation,” says legal futurist Richard Susskind. 

Lawyers must adapt – or go the way of the dinosaur. 

Today, some of the work lawyers do can be done just as 

well with computer programs and for much less money. 

Clients are demanding greater transparency from their 

legal counsel and more flexibility on where work is 

performed: Must we start with a blank page and a large 

desk, or could we meet in a store front or perhaps online? 

Could we divide up the work to be done between us or 

bring a other professionals? The regulatory and ethical 

effects of change have ramifications for everyone from 

law students to senior practitioners. 

action. 

The question is will the rest of the profession insist it 

knows better and resist client demands and market forces 

or will it get out in front and have a hand in shaping its 

own destiny, adapting its role to the new realities? 

The initiatives CBA has launched reflect our belief that 

Canadians are better served if lawyers from across the 

country meet the challenge- and deliver on the promise. 

We want to lay the foundation for a new way to practice 

law. The discussion starts in June. Join us. 

■ Fred Headon is the incoming president of the Canadian 

Bar Association and chair of the CBA Legal Futures Initiative. 

This article was originally posted at Slaw, Canada’s online 

legal magazine (slaw.ca, April 17, 2013). 

It will not be an easy transition. But lawyers cannot fall 

into the “if it ain’t broke, don’t fix it” camp: It is broken, 

and without a fix we risk becoming irrelevant in a world 

of changing client expectations. Think of Kodak: the 

camera giant patented the first digital camera but 

concentrated on what it did best – film – until it went 

bankrupt. 

However, there has been movement; many are coming to 

the realization that they can no longer ignore the fact that 

the world is moving forward. The discussion about how 

best to educate and train the next generation of lawyers is 

already ongoing – started, in many cases, by law students 

themselves. Thought leaders are talking about new 

business structures and innovative ways of practising, 

and early adopters are starting to put those ideas into 


PUBLIC INTEREST 

HOME BUYING AFTER A MARRIAGE ENDS: 

TRICKY BUT ACHIEVABLE 

Purchasing property after a marriage ends can come 

with a complex set of issues, whether you are doing so 

on your own or with a new partner. Ray Leclair, an 

experienced real estate lawyer and Vice President, 

Public Affairs (Acting) at LAWPRO, suggests that 

homebuyers with previous marriages consider these 

issues when buying property the next time around: 

HAVE YOU FINALIZED YOUR DIVORCE OR 

SEPARATION AGREEMENT? 

If you are still legally married, there could be 

obligations which have not yet been determined and 

could affect your mortgage eligibility and availability 

of funds for a house purchase. 

ARE YOU BUYING A HOME TO LIVE IN WITH A 

NEW PARTNER? 

Will you and your partner be sharing the cost? The 

answer could affect your rights in the property. 

Monies invested into a matrimonial home may have to 

be equally divided when the marriage breaks up even 

if both parties did not contribute equally. 

HAVE YOU CONSIDERED A MARRIAGE 

CONTRACT OR COHABITATION AGREEMENT? 

New issues can arise when purchasing property with a 

new partner. Even if you do not plan to marry your 

new partner, you should consider consulting a lawyer 

about a cohabitation agreement. This would protect 

your interests should the relationship end, even 

unexpectedly if by death, and address issues around 

unequal financial contributions to the new home. 

DO YOU HAVE CHILDREN FROM A PREVIOUS 

MARRIAGE? DOES YOUR PARTNER? 

In the event of your death, would your partner inherit 

full ownership of the home or would your children? 

Have you talked about whose family would inherit the 

property when you both pass away? 

DO YOU HAVE FINANCIAL OBLIGATIONS 

FROM YOUR PREVIOUS MARRIAGE? 

Are you responsible for spousal or child support? Do 

you still have joint lines of credit with a past spouse? 

Is your name still on the mortgage for your former 

marital home? These are all questions the bank will 

consider as you apply for a new mortgage. Your 

previous marital financial obligations may impact 

your ability to buy the next home of your dreams. 

ARE ALL YOUR AGREEMENTS CONSISTENT? 

As you enter into new agreements, you should ensure 

that your estate planning documents are consistent to 

avoid conflict and possible litigation, including your 

property agreements, orders, wills, insurance policies 

and powers of attorney. 

A buyer who has been in a previous marriage can 

have some tricky issues to navigate and every 

situation is unique. Working with an experienced real 

estate lawyer will help ensure that everything goes 

smoothly. 

■ Published as part of LawPRO’s Public Awareness campaign. 

Visit www.lawpro.ca for more information. 


GOVERNANCE 

MANDATORY CPD: DOES IT WORK? 

A recent article by Jordan Furlong, author of the 

Law21 law blog and frequent contributor to the Arctic 

Obiter, has stirred the waters on mandatory CPD 

requirements. The unambiguous article, titled “The 

MCLE question no one wants to ask”, questions the 

ability of law societies to effectively measure 

competency in lawyers, and asks, quite frankly: Does 

it work? 

To answer this, we must first look beyond this 

profession. Mandatory CPD is not new. The majority 

of recognized self-regulating professions in Canada 

and around the world have had competency 

requirements for decades. Doctors, nurses, 

accountants, engineers and architects abide by similar 

requirements as those by lawyers. 

Or vice versa, 

rather, since it is the legal profession that is seemingly 

catching up. In these professions, it is almost a given 

that constant testing, education and reeducation will 

have a direct impact on the people being served. After 

all, as medicine changes, so too does treatment; and as 

building codes change, so too do the architectural 

drawings. 

Ben Russo 

Legal Education Coordinator 

Law Society of the Northwest Territories 

Yellowknife 

Law is not biology, medicine, physics or math, but it 

does adhere to its own science, sharing the same 

principles of change and adaptation. As the criminal 

code changes, so too does the defence lawyer’s case. 

Similar to other professions, to be a candidate for a 

legal professional, competency standards in law must 

be met at multiple gateways before and after 

graduation. However, unlike other professions, and 

before CPD programs came into play, a call to the Bar 

marked the end of competency tests. 

If law is always changing, evolving and adapting to 

the times, it’s not too precarious to presume lawyers 

may become outdated and incompetent. 

As regulators, we work closely with law schools to 

develop degree programs befitting the necessities of 

Canadian law and the requirements of the Canadian 

public. We require qualified post-graduates to 

undergo apprenticeships under the direct supervision 

of experienced lawyers, as well as succeed in 

institutionally prescribed programs to ensure specific 

standards of competence are achieved. If that’s not 

enough, we may also require the applicant to 

successfully complete extensive exams to prove, 

absolutely, that they are prepared to provide 

professional services to the public. 

Prior to mandatory CPD, once these hurdles were 

overcome by the now-member, we stopped checking. 

Yes, we proactively checked with spot audits and peer 

reviews on occasion and, when discipline matters 

arose, we analyzed a member’s practice and made 


suggestions. However, the former was limited and 

random and the latter was usually too late. 

With the dawn of mandatory CPD, we as the 

profession can now say we are doing something about 

this. We, the self-governing authority, are making an 

attempt to monitor competency after admittance. The 

question, again, is does it work? 

Alan Treleaven, Director of Education & Planning at 

the Law Society of British Columbia, would say yes. 

“The primary rationale for mandatory CPD,” he says, 

“is to proactively encourage lawyers to fulfill their 

professional responsibility to engage in ongoing 

professional development.” His Law Society has left 

the criteria for educational activities relatively open, 

but has required specific situational programs to target 

key competencies in some cases. For example, sole 

practitioners and small firms must participate in an 

online self-propelled small firm practice course offered 

by the Law Society (free of charge, of course). 

Susan Billington, Policy and Program Counsel at the 

Law Society of Alberta, would also say yes. However, 

Alberta’s CPD program contrasts the hour-based 

compliance system in other jurisdictions. 

In a 

response to Jordan’s article, Susan identifies her Law 

Society’s goal for its CPD program as follows: 

To enhance lawyer competence, and 

To be accountable to the public for the 

ongoing professional development and 

competence of lawyers. 

“We weren’t convinced that a ‘mandatory minimum 

hour requirement’ was the road to meeting the goal of 

enhanced lawyer competence,” she says, citing her 

Law Society’s philosophy that adult education is most 

beneficial when it is self-directed and intentional. 

EMPLOYMENT OPPORTUNITY 

EXECUTIVE DIRECTOR 

The Law Society of the Northwest Territories is seeking a 

highly-motivated and resourceful individual for the position 

of Executive Director at its office in Yellowknife, NT. Under 

the direction of the Executive of the Law Society, the 

Executive Director will be responsible for the management 

and coordination of all phases of the operation, 

administration, finances, organization and supervision of the 

activities of the Law Society, will oversee the Law Society’s 

responses to all forms of communication from the general 

public, members of the Law Society, the courts, 

governments, other law societies and organizations 

representing lawyers, and others, and will liaison with the 

law societies of other jurisdictions. 

The ideal candidate will demonstrate significant 

management and financial experience, preferably in a 

position that reports to a board of directors. All candidates 

must have post-secondary training related to the position. 

Excellent verbal and written communication skills are 

required. 

Salary is commensurate with experience and qualifications. 

A full job description is available online at 

www.lawsociety.nt.ca. 

All interested applicants can submit a résumé and cover 

letter to: 

Executive Director Search Committee 

c/o Law Society of the Northwest Territories 

4th Floor, Diamond Plaza 

5204 50th Avenue, PO Box 1298, Stn. Main 

Yellowknife, NT X1X 2N9 

Fax: (867) 873-6344 

edsc@lawsociety.nt.ca 

CLOSING DATE: July 1, 2013 

We thank all applicants for their interest. Inquiries may be 

directed to email address above. 


Paul Wood, Executive Director at the Legal Education 

Society of Alberta, shares this view. He has studied 

similar systems in the commonwealth, and believes 

the core of competency is in the behavioural habits of 

the lawyer. 

“The critical challenge for regulators is to find 

ways to change behaviours that create risks for 

clients and the profession, and reinforce 

behaviours that create positive experiences for 

clients and enhance the profession.” 

This Law Society, like all societies, saw mandatory 

CPD as a challenge. 

How do you measure 

competency and tailor the data for use by a regulator 

that answers to the public? 

After a thorough comparison of existing programs 

within the profession, a detailed study of the 

requirements of other professions, and a review of the 

day-to-day realities of lawyers in the North, we had 

something. We broadened the expectations to ensure 

accessibility and self-direction. We asked for 

forethought from members so it wasn’t an 

afterthought or a mere obligation. And, we provided 

a form with two main questions: “did you complete 

the requirements for the past year?” and “what plans, 

goals and professional development interests do you 

have for CPD in the coming year?” 

The relative standard seen among participating 

jurisdictions is twelve hours of CPD per year, give or 

take an hour. Embedded within this is another 

expectation: that some of those hours be contributed to 

ethics, professional responsibility, practice 

management, et cetera. The minimum time 

requirement is fairly low compared to other 

professions. Medical doctors in Ontario, for instance, 

must fulfill 40 hours a year. As well, in the NWT, 

achieving that minimum requirement is fairly straightforward: 

complete any activity that provides some 

form of insight and enlightenment relevant to a law 

practice, and we’re happy. This can be as simple as 

reading 12 hours of case law and the Code of Conduct 

– so long as our members are learning or relearning 

something. 


And then there’s the plan. Again, the NWT followed 

Alberta with the idea that education must have 

intention and direction to be beneficial. So, we ask for 

an outline of the member’s areas of practice, interests 

in practice management, goals and objectives, and the 

learning tools they plan to utilize. 

Does it work? 

If national or international studies have returned 

inconclusive on the effectiveness of mandatory CPD, 

this small Law Society will certainly not have any 

conclusions either. However, the Law Society now has 

documentation on each active member that itemizes 

past educational activities and future plans for 

continuing education. 

It’s a record that the Law 

Society never had before, and one that comes in handy 

when assessing the competencies of each member. 

Tongue-in-cheek, at the very basic level, as seen in the 

past two years, the ability to correctly complete the 

required form is a measure of competency of its own – 

and often very useful in flagging concerning 

behaviours. 

Inspired by Jordan’s hypothetical conversation with a 

legislator, I imagined a simplified alternate in which 

mandatory CPD did not exist: 

Legislator: “What steps do you take to ensure 

successful applicants, once admitted to the Bar 

as lawyers and members under your 

governance, uphold the expected standards of 

competence?” 

Regulator: “None.” 

adapted to legislation, statutes, case law and 

the needs of the general public that have 

changed repeatedly during their tenure?” 

Regulator: “Nothing.” 

Here lies the true problem. It is not whether or not 

mandatory CPD works to accurately measure the 

competencies of its members. 

Rather, it is the 

necessity to have a system in place that proactively 

enforces the need for lawyers to continually learn, and 

in a way that leaves a heightened sense of public trust 

in our governance. 

The ultimate goal of any action by the Law Society is 

to secure public confidence and minimize avoidable 

damage to the public’s image of the profession. In this 

Law Society, the minimum CPD requirements are a 

means to prove we’ve asked for something from our 

members regarding continued competency. The onus 

has always been on the member to continually refresh 

their individual lawyering skills and knowledgebase, 

and this will not change because of mandatory CPD 

requirements. However, the standards put in place do 

provide the Law Society with the insight it needs to, 

for now, satisfy the expectations of the public. 

Jordan asks a very important question in his article, 

and his arguments are very valid and worth 

reviewing. But, the easy answer from this side of the 

regulation is that we’ve put something in place that, 

although it is not perfect, exists where nothing existed 

before. And, for now, it works for the purposes we 

intended. 

Legislator: “So what, if anything, can you 

provide to prove to the public that a lawyer, 30 

years after their admittance to your Bar, has 

not only retained the levels of competence 

measured at their time of call, but has also 


NWT DECISION DIGEST 

SUPREME COURT 

CRIMINAL LAW – PARTY 

LIABILITY – AFTER-THE-FACT 

CONTRIBUTION TO AN 

OFFENCE 

R v Letawski 

2013 NWTSC 11 (February 21, 2013) 

Presiding: Justice L.A. Charbonneau 

For the Appellant: C. Davison 

For the Respondent: D. Vaillancourt 

The appellant was with a female 

friend when they found her spouse 

in bed with another woman. An 

incident ensued in which the 

female friend broke a bottle over 

the other woman’s head. 

The 

victim attempted to leave and the 

appellant pushed her back from 

the door. 

Maureen McGuire 

Alberta Justice 

Edmonton 

The appellant was 

charged and convicted as a party 

to the assault with a weapon. He 

appealed his conviction on the 

basis that the after-the-fact push 

could not found liability as a party 

to the assault with a weapon. 

Appeal allowed – Section 21 of the 

Criminal Code applies to actions 

occurring before or during the 

commission of an offence. 

Here, 

the assault with the bottle was not 

still ongoing when the appellant 

pushed the victim. The assault 

with a weapon was complete by 

that time and the appellant’s push 

cannot be said to be part of that 

transaction. The push was a 

separate assault, but was not the 

offence charged. Party liability for 

after the fact conduct is pursuant 

to section 23 of the Code (not 

applicable here), not section 21. 

~ 

CRIMINAL LAW – CREDIBILITY 

ASSESSMENT 

R v Sikyea 



For the Crown: D. Vaillancourt 

For the defendant: T. Boyd 

The complainant testified the 

accused broke into her home and 

sexually assaulted her. The 

accused testified he was invited in 

and had consensual sex with the 

complainant. 

Accused convicted of break, enter 

and commit sexual assault -- 

Assessment of credibility is not an 

all-or-nothing exercise. The trier of 

fact is free to accept some aspects 

of a witness’s testimony and reject 

others. The accused’s versions of 

events simply did not make sense 

and was unbelievable – it was 

rejected. There were problems 

with the complainant’s evidence, 

but those problems did not 

compromise her credibility on the 

key issue. 

~ 

CRIMINAL LAW – SENTENCING 

– BREAK, ENTER AND COMMIT 

SEXUAL ASSAULT – 

CONSIDERATION OF 

ABORIGINAL HERITAGE 

R v Sikyea 




For the defendant: T. Boyd 

Offender sentenced to seven years’ 

imprisonment for break, enter and 

commit sexual assault – The 

offender broke into the victim’s 

home and sexually assaulted her 

while she was sleeping. Invasion 

of a person’s home is an 

aggravating factor. Sexual assault 

by forced intercourse is a very 

serious type of sexual assault 

because it shows the complete and 

blatant disregard for the personal 

integrity and dignity of the victim. 

The starting point for this type of 

sexual assault is three years. There 

were no mitigating factors. 

The offender was of aboriginal 

descent and had been exposed to 

systemic factors that many 

abo rigi nal offenders face. 

However, when dealing with 

serious offences and offenders who 

pose a serious threat to the 


community, it may not be possible 

to deal with aboriginal offenders 

any differently than with nonaboriginal 

offenders. When 

someone repeatedly commits 

serious offences that harm fellow 

community members, which in 

this jurisdiction are often other 

aboriginal people, the different 

approach that the court has to 

consider using in dealing with 

aboriginal offenders cannot result 

in the imposition of sentences 

other than jail terms if that is what 

is required to protect the public. In 

this case, there were five previous 

instances where the offender got 

into a home without permission 

and was found in the bedroom or 

doorway of the bedroom of a 

sleeping woman or young girl. 

The paramount sentencing 

consideration has to be the 

protection of the public. The 

present offence was committed 

within months of his last release 

from jail. 

~ 

CIVIL PROCEDURE – EXPERT 

EVIDENCE 

Anderson v Bell Mobility 

2013 NWTSC 14 (March 11, 2013) 

Presiding: Justice R.S. Veale 

For the Applicant/Defendant: R. Deane, B. Dixon 

For the Respondent/Plaintiffs: K. Landy, D. Fogel 

The defendant brought an 

application under Rule 278.6, 

objecting to the admissibility of the 

plaintiffs’ expert evidence. The 

plaintiffs proposed to call, as an 

expert witness, a researcher from a 

telecommunications focused 

research group. 

Application dismissed – Expert 

evidence is presumptively 

inadmissible unless the party 

tendering it can establish its 

admissibility on the balance of 

probabilities. Even if the Mohan 

preconditions are met, the trial 

judge as gatekeeper has discretion 

that involves a cost benefit 

analysis. In this case the expert 

opinion of the proposed witness is 

admissible because it has sufficient 

threshold reliability and it is 

relevant. It is necessary to assist 

the trier of fact, as it is beyond the 

experience of any trial judge. No 

exclusionary rule has been 

identified and the witness is 

suitably qualified. 

~ 


– TRIAL JUDGE’S DUTY WHEN 

SENTENCING OUTSIDE THE 

PROPOSED RANGE – FAILURE 

TO REFER TO GUILTY PLEA – 

IMPOSITION OF MAXIMUM 

SENTENCE – CONSIDERATION 

OF GLOBAL SENTENCE 

R v Bugghins 

2013 NWTSC 16 (March 20, 2013) 

Presiding: Justice V.A. Schuler 

For the Appellant: C. Jarock 

For the Respondent: M. Johnson 

The appellant appealed his 


sentence of 14 months less 83 days 

in jail and one year probation for 

the following offences: assault, 

causing a disturbance, breaching 

an undertaking, being unlawfully 

in a dwelling house, resisting 

arrest, and breach of recognizance. 

The assault involved the offender 

spitting on his niece and another 

woman who intervened in an 

argument between the offender 

and his spouse. The 33-year-old 

offender had a lengthy, related 

criminal record. The Crown 

submissions suggested a global 10- 

month sentence that included three 

months for the assault. Defence 

counsel did not take issue with 

three months for the assault but 

suggested an eight-month global 

sentence. The sentencing judge 

imposed a sentence that included 

six months’ jail plus a year of 

probation for the assault. 

Appeal dismissed – The sentencing 

judge erred by not fulfilling his 

duty to alert counsel to his 

concerns about the range of 

sentence proposed, to advise them 

that he was inclined to sentence 

outside that range, and to give 

them an opportunity to make 

additional submissions. Just 

because the trial judge chose to 

give the guilty plea little weight 

does not mean he failed to take it 

into account. Six months is the 

maximum sentence on a summary 

conviction assault. 

However the 

“worst offender, worst offence” 

principle no longer operates as a 

constraint on a maximum sentence 

being imposed. In this case, the six 

-month sentence was not outside 

the usual range for spitting 

offences. The six-month sentence 

should not be considered in 

isolation from the global sentence 

or from the other offences for 

which the appellant was sentenced 

at the same time. 

The global 

sentence was not unfit in the 

circumstances. 

~ 

LANDLORD/TENANT LAW – 

STANDARD OF REVIEW 

Jeske v Yellowknife Housing 

Authority 

2013 NWTSC 17 (March 25, 2013) 


For the Appellant: N. Smith (w/ leave of the Court) 

For the Respondent: E. Gulberg 

The respondent sought and 

obtained from the Rental Officer a 

termination of the tenant’s lease 

and an eviction order on the basis 

of the tenant’s failure to pay her 

electricity bill. The tenant 

appealed. 

The purpose of the Residential 

Tenancies Act is to provide an 

a c c e s s i b l e , i n f o r m a l a n d 

expeditious process to deal with 

disputes between landlords and 

tenants. 

The applicable standard 

of review, where the Rental Officer 

acts within the scope of his 

jurisdiction, is reasonableness. The 

Rental Officer viewed the tenant’s 

failure to pay her electricity bill as 

a serious breach and explained 

why. His conclusion was not 

unreasonable. The question on 

appeal is not whether the Renal 

Office could have made another 

decision, or whether the court 

would have made a different 

decision. Given the standard of 

review, the court is unable to grant 

the relief sought by the appellant. 

~ 

FAMILY LAW – INTERIM 

SPOUSAL SUPPORT - 

QUANTUM 

Michelin v McLean 

2013 NWTSC 18 (March 27, 2013) 

Presiding: Justice V.A. Schuler 

For the Applicant: J. Walsh 

For the Respondent: K. Allison 

The parties were in a common-law 

relationship from 1986 to 2012. 

The respondent did not dispute the 

applicant’s entitlement to interim 

support. The only issue was 

quantum. The respondent had an 

annual income of $80,000. The 

court considered the applicant to 

have no income, as she was 

receiving social assistance which 

would be reduced by any spousal 

support. 

$2,400/month spousal support 


ordered – The objectives of a 

support order on the breakdown of 

the spousal relationship are: the 

eco no mi c advantage s and 

disadvantages arising from the 

relationship should be equitably 

shared between the spouses; 

economic self-sufficiency should 

be encouraged and economic 

hardship should be relieved. The 

ultimate goal of a spousal support 

order is to equitably alleviate the 

adverse consequences of a 

marriage breakdown. On an 

interim application where there is 

a triable issue as to entitlement to 

permanent support, the inquiry the 

court must make is focused on the 

needs of the applicant and the 

means of the payor. The applicant 

should not have to use her RRSP 

for short-term support. The 

calculations under the Spousal 

Support Advisory Guidelines are not 

law and not binding, but are in line 

with this applicant’s needs. This is 

a case where support for the 

applicant should be given priority 

over debt payments. 

~ 


– SEXUAL ASSAULT – 

ENHANCED CREDIT FOR PRE- 

TRIAL CUSTODY – 



R v Lepine 


Presiding: Justice K. Shaner 


For the Accused: P. Harte 

The 44-year-old offender was 

sentenced to three years’ 

imprisonment following a jury trial 

for sexual assault. The offender 

put his finger in the unconscious 

victim’s vagina and stopped as 

soon as she woke up. Penile and 

digital penetration are equally 

serious and equally harmful 

violations of a victim’s sexual 

integrity. This was a major sexual 

assault. The starting point of three 

years’ imprisonment therefore 

applies. Aggravating factors were: 

the fact the victim was asleep; the 

offender’s substantial criminal 

record; and the fact the offender 

was not deterred by the fact the 

victim’s friend was sleeping beside 

her. There were no mitigating 

factors. A sentence of three years’ 

incarceration is required to achieve 

the important objectives of 

denunciation and deterrence, and 

to recognize the offender’s moral 

blameworthiness. 

The offender was granted the 


maximum credit of 1.5 to 1 for time 

served in pretrial custody. The 

circumstances do not need to be 

exceptional to justify granting the 

more generous credit. In this case, 

the need to wait for the presentence 

report was not within the 

offender’s control. Unfortunately, 

however, it meant that during the 

time he was in custody awaiting 

that report he was not earning 

remission. Therefore, the offender 

should get enhanced credit. 

The offender is Aboriginal, but 

there was nothing presented to 

indicate there are systemic factors 

related to his Aboriginal heritage 

that have contributed to his being 

in court and which could justify a 

reduction in the three-year starting 

point. 

~ 


– AGGRAVATED ASSAULT – 


ABORIGINAL HERITAGE – 

ENHANCED CREDIT FOR PRE- 

TRIAL CUSTODY – 

COMPENSATION 

R v Green 

2013 NWTSC 20 (March 20, 2013) 


For the Crown: A. Godfrey 

For the Accused: B. Rattan 

The 30-year-old Aboriginal 

offender was sentenced to two 

years less a day plus three years’ 

probation, after 2 ½ years credit for 

pre-trial custody, following his 

guilty plea to two counts of 

aggravated assault. While at a 

drinking party, the offender 

became angry and violently 

attacked a woman and her 

husband. The husband suffered 

very serious injuries. Almost 2 ½ 

years later he has not fully 

recovered, and it is questionable 

whether or not he will ever fully 

recover. As a result of his injuries, 

the family moved to be closer to 

required medical care. Also as a 

result of his injuries, the husband 

can no longer work, is on social 

assistance, and may never again be 

able to work as he used to. He has 

not fully recovered his mental 

faculties. Sentencing is not about 

revenge, but the impact this crime 

had on the victims demonstrates 

how serious these offences were. 

The offender had an appalling 

criminal record. He had a 2007 

conviction for aggravated assault 

f o r s t a b b i n g s o m e o n e , 

unprovoked, at a drinking party. 

The offender said he was sorry for 

what he did. The problem is that 

being sorry after the fact does not 

help his victims, does not protect 

the community, and does not 

address the root causes of his 

behaviour. Given the offender’s 

criminal record, the paramount 

consideration has to be protection 

of the public. The offender 

appears to be a ‘time bomb’. The 

Crown suggested the net sentence 

be kept under two years. A period 

of probation was worthwhile for 

the purpose of prohibiting contact 

with the victims. 

Section 718.2(e) is a remedial 

provision intended to address the 

problem of overrepresentation of 

Aboriginal people in Canadian 

jails. But for the factors related to 

the offender’s Aboriginal heritage, 

a fit sentence for this crime would 

be longer than 4 ½ years. 

The circumstances that justify 

enhanced credit for pre-trial 

custody do not have to be 

exceptional or rare. They do have 

to be applicable to the specific 

accused before the court. The onus 

to show that there should be 

enhanced credit rests on the 

accused. In this case, he has not 

discharged that onus. 

The Crown sought an order to 

compensate the victim for loss of 

income. Compensation orders are 

not intended to be substitutes for 

civil proceedings but can help 

achieve the objective of reparation 

of harm done to victims. In this 

case the loss is not easily 

quantifiable. The offender’s ability 

to pay was also relevant. This was 

not a case where a compensation 


order was appropriate. 

~ 


– SEXUAL ASSAULT 

R v Clillie 

2013 NWTSC 21 (March 27, 2013) 


For the Crown: J. Bond 

For the Accused: T. Boyd 


offender was sentenced to one day 

imprisonment and three years’ 

probation, after credit of one year 

for pre-sentence custody, 

following his guilty plea to sexual 

assault. The offender pulled the 

victim into an empty bedroom, 

pushed the bed against the door, 

pinned the victim on the bed, and 

grabbed at her breasts and crotch 

over her clothing as she screamed 

for help. A friend of the victim 

tried to help but could not get the 

door open. The police were called 

and when they were able to get the 

door open they found the offender 

holding the victim on the bed. 

This case is very different from a 

‘groping’ case. This was not an 

intoxicated person ‘groping’ a 

clothed woman, but an intoxicated 

man determined to force his will 

on a woman and completely 

ignore her views of the matter and 

to use force to confine her and 

subdue her to his will. The 

offender had a long criminal 

record, including a prior sexual 

assault charge. 

This decision 

should not be considered as a 

precedent showing the usual range 

of sentence that would normally be 

imposed with these kinds of facts 

and this kind of criminal record. 

~ 

TERRITORIAL 

COURT 

CIVIL PROCEDURE – COSTS OF 

COUNSEL 

Wind Dancer Contracting v 851791 

NWT Ltd 

2013 NWTTC 03 (February 11, 2013) 

Presiding: Judge C. Gagnon 

For the Plaintiff: self-represented 

For the Defendant: D. McNiven 

The plaintiff was partially 

successful on his claim, but did not 

recover more than the sum paid 

into court. 

applied. 

Rule 29(5) therefore 

The defendant sought 

costs, including costs for travel and 

a c c o m m o d a t i o n s f o r t h e 

defendant’s legal counsel. 

The rules of the Territorial Court 

are less formal than the rules of the 

Supreme Court of the NWT, for 

example, by not requiring that 

corporations appear through 

counsel. 

Given that it was the 

defendant’s decision to retain 

counsel, the defendant should bear 

some of this expense. 

~ 

CRIMINAL LAW – EVIDENCE – 

ADMISSIBILITY OF AUDIO 

RECORDINGS 

R v Giroux 

2013 NWTTC 04 (February 27, 2013) 

Presiding: Judge G. Malakoe 


For the Accused: M. Martin 

The accused was charged with 

attempt to obstruct justice by 

contacting a witness by telephone 

from North Slave Correctional 

Centre. The Crown sought to 

introduce a DVD containing an 

audio recording of the telephone 

conversation as evidence. The 

preliminary inquiry judge denied 

the application to introduce the 

DVD under section 540(7) of the 

Criminal Code. The Crown then 

sought to have the DVD admitted 

as “demonstrative evidence”. 

The evidence was excluded – 

Physical evidence of an offence is 

often referred to as real evidence. 

Demonstrative evidence is 

secondary evidence admissible to 

assist the trier of fact to interpret, 

understand or analyze testimonial, 

documentary or real evidence. 

Audiotapes are real evidence. The 

court can take judicial notice of the 

existence of technology to record a 

voice conversation as a digital file. 


In order to authenticate the 

recording, the Crown must prove 

the file on the DVD is a digital 

encoding of an unaltered and 

accurate audio recording of the 

telephone conversation. To 

authenticate the recording, there 

must be a ‘prima facie’ case for 

authentication. The judge has the 

role of ‘gate-keeper’ and can only 

allow evidence which is properly 

authenticated to go before the trier 

of fact. In this case, there was not 

sufficient evidence that the 

recording was authentic. That 

evidence could have come from 

one of two sources: the witness 

could have confirmed that the 

recording accurately depicted the 

conversation she had with the 

accused; or a person from North 

Slave Correctional Centre could 

have described the process that 

links the telephone conversation to 

the recording. The burden of 

establishing authenticity rests on 

the Crown. There is no 

presumption the recording has not 

been altered or that it fairly 

represents the conversation. The 

burden does not change because 

the Crown is seeking to have the 

recording admitted during a 

preliminary inquiry as opposed to 

a trial. 

FAMILY LAW – MAINTENANCE 

ENFORCEMENT 

Kangegana v Gruben 

2013 NWTTC 05 (March 20, 2013) 

Presiding: Judge B.E. Schmaltz 

for the Creditor/Designated Authority: T. Ralph 

For the Debtor: self-represented 

The debtor and garnishee sought a 

stay of garnishment, indicating 

maintenance payments had been 

made and the debtor’s obligations 

had been met. The debtor said he 

met his child support obligations 

by payments directly to the child 

or allowing the child to use his 

grocery account. 

Application for a stay dismissed – 

Monies or benefits given directly 

to the child cannot satisfy child 

support obligations. The parent 

who is entitled to child support is 

to have the discretion of how that 

money is spent for the benefit of 

the child. The debtor did not make 

child support payments to GNWT 

for the benefit of the creditor, who 

had the financial responsibility for 

the child, as he was by law 

required to do. 

~ 

CRIMINAL LAW – CREDIBILITY 

R v Huntus 

2013 NWTTC 06 (April 3, 2013) 

Presiding: Judge B.E. Schmaltz 

For the Crown: C. Bastedo, K. Onyskevitch 

For the Accused: C. Wawzonek 

Accused convicted of assault 

~ 

FOR MORE INFRMATION AND REGISTRATION DETAILS, VISIT: 

www.cba.org/cba/sections_neerls/ 


causing bodily harm. The accused 

testified that the complainant 

sustained her injuries while 

attacking him, and that he did not 

touch her. The complainant 

testified he assaulted her. His 

evidence was fantastic, far fetched, 

and preposterous. His evidence 

could not raise a reasonable doubt. 

The complainant was believed. 

There was no justification. This 

was not done in self-defence, nor 

was it a consensual fight. 

~ 


– DISCHARGES – 



R v Bourke 

2013 NWTTC 07 (April 3, 2013) 

Presiding: Chief Judge R.D. Gorin 

For the Crown: J. Wynne-Edwards 

For the Defence: M. Hansen 


offender pleaded guilty to 

assaulting a police officer and 

breach of an undertaking. The 

offender called the police to her 

home. When her husband was 

arrested she took offence. She was 

intoxicated. When the officer told 

her he would report the matter to 

social services, she punched him in 

the shoulder. The guilty plea is a 

sign of remorse and has saved the 

Crown the resources which would 

otherwise have been required to 

prosecute the case. The offender 

had no prior criminal record. The 

Crown sought a suspended 

sentence. The defence sought a 

conditional discharge. 

Conditional discharge granted – 

Section 718.2(e) does not apply 

directly as imprisonment is not 

being considered. However, casespecific 

factors having to do with 

the A bo rigi nal offender’s 

background can lessen the moral 

blameworthiness of the offender. 

A restorative approach would be 

one which does not leave the 

offender with a criminal record 

that could interfere with her 

rehabilitation and integration into 

society in the future. 

~ 

CRIMINAL PROCEDURE - 

DISCLOSURE – MISTRIAL 

R v DD 

2013 NWTTC 08 (April 12, 2013) 

Presiding: Judge G. Malakoe 


For the Accused: C. Davison 

The accused sought a mistrial after 

conviction but prior to sentencing 

on a charge of sexual assault, after 

discovering the father of the 

complainant has been charged (but 

not convicted) with assaulting the 

complainant in the past. One of 

the charges against the father had 

been stayed, three had been 

withdrawn, and one ended with an 

acquittal after trial. The accused’s 

trial turned on an assessment of 

the credibility of the accused, the 

complainant, and her father. 

Absent a specific request by 

defence, there is no duty to 

disclose criminal charges against a 

witness which are finished and did 

not result in a finding of guilty. 

For this reason, there was no 

breach of the accused’s right to 

make full answer and defence. 

Application for a mistrial denied -- 

C ro s s- e xami n a tion o f t h e 

complainant and her father on the 

issue of the past charges could not 

reasonably be expected to have 

affected the result. 

■ Maureen McGuire is an Appellate 

Counsel with Alberta Justice. She is a 

member of the Bar in the NWT, Ontario, 

and Alberta. Any comments or questions 

regarding case digests would be 

welcomed at her email address, 

Maureen.McGuire@gov.ab.ca. 


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S.C.C. UPDATE 

HERE IS A SUMMARY OF ALL 

APPEALS AND ALL LEAVES TO 

APPEAL (ONES GRANTED – SO YOU 

KNOW WHAT AREAS OF LAW THE 

S.C.C. WILL SOON BE DEALING 

WITH IN CASE ANY MAY BE AN AREA 

OF LAW YOU’RE LITIGATING/ 

A D V I S I N G/MANAG I N G). 

F OR 

LEAVES, I’VE SPECIFICALLY ADDED 

IN BOTH THE DATE THE S.C.C. 

GRANTED LEAVE AND THE DATE OF 

THE C.A. JUDGMENT BELOW, IN 

CASE YOU WANT TO TRACK AND 

CHECK OUT THE C.A. JUDGMENT. 

ORAL JUDGEMENTS 

CRIMINAL LAW: SEXUAL 

OFFENCES; SEVERING 

COUNTS 

R. v. F.O.B. 

(B.C.C.A., Mar. 22, 2012)(34889) 

2013 SCC 8 (February 15, 2013) 

Chief Justice: “We are all of the 

view that the appeal should be 

allowed, for the reasons of Chief 

Justice Finch." 

Eugene Meehan, QC 

Supreme Advocacy LLP 

Ottawa 

~ 

CRIMINAL LAW: SEXUAL 

OFFENCES; EVIDENCE 

ASSESSMENT 

R. v. P.G.T. 

(N.L.C.A., June 13, 2012)(34934) 

2013 SCC 10 (March 1, 2013) 

Justice Fish: “The appeal is 

allowed for the reasons given by 

Hoegg J.A. in the Court of Appeal 

and the conviction entered by the 

trial judge is restored. Fish and 

Cromwell J.J., dissenting, would 

have affirmed the judgment of the 

Court of Appeal ordering a new 

trial." 

APPEALS 

ABORIGINAL LAW: MÉTIS 

Manitoba Metis Federation Inc. v. 

Canada (A.G.) 

(Man. C.A., July 7, 2010)(33880) 

2013 SCC 14 (March 8, 2013) 

Section 31 of the Manitoba Act 

constituted a constitutional 

obligation to Métis people, to 

provide children with allotments 

of land. The obligation did not 

impose a fiduciary or trust duty on 

the government. However, it 

engaged the honour of the Crown, 

which required the government to 

act with diligence in pursuit of the 

fulfillment of the promise. The 

claim based on the honour of the 

Crown is not barred by the law of 

limitations or the equitable 

doctrine of laches. 

~ 

CIVIL PROCEDURE/POLICE: 

ISSUE ESTOPPEL 

Penner v. Niagara (Regional Police 

Services Board) 

(Ont. C.A., Sept. 27, 2010)(33959) 

2013 SCC 19 (April 5, 2013) 

There is not and should not be a 

rule of public policy precluding 

the applicability of issue estoppel 

to police disciplinary hearings 

based upon judicial oversight of 

police accountability; instead there 

should be a flexible approach, 

whereby courts have the discretion 

to refuse to apply issue estoppel if 

it will work an injustice, even 

where the preconditions have been 

met. 

~ 

CRIMINAL LAW: CONSPIRACY 

R. v. J.F. 

(Ont. C.A., April 6, 2011)(34284) 

2013 SCC 12 (March 1, 2013) 

A person can be a party to the 

offence of conspiracy as a matter of 

law under s. 21. [emphasis in 

original]. Where a person, with 

knowledge of a conspiracy does 

(or omits to do) something for the 

purpose of furthering the unlawful 

object, with the knowledge and 

consent of one or more of the 

existing conspirators, this provides 

powerful circumstantial evidence 


from which membership in the 

conspiracy can be inferred. 

~ 

CRIMINAL LAW: INFORMER 

PRIVILEGE 

R. v. Named Person B 

(Que. S.C., Sept. 17, 2010)(34053) 

2013 SCC 9 (February 22, 2013) 

Confidentiality an informer was 

promised by a first police force 

continued when they transferred 

him to another force. 

~ 

CRIMINAL LAW: 

IMMIGRATION 

CONSEQUENCES TO 

SENTENCING 

R. v. Pham 

(Alta. C.A., June 28, 2012)(34897) 

2013 SCC 15 (March 14, 2013) 

When two possible sentences are 

both appropriate as regards the 

gravity of an offence and the 

responsibility of the offenders, the 

most suitable one may be the one 

that better contributes to the 

offender’s rehabilitation. Collateral 

c o n s e q u e n c e s r e l a t e d t o 

immigration may be relevant in 

tailoring the sentence, but their 

significance depends on and has to 

be determined in accordance with 

the facts of the particular case. 

~ 

CRIMINAL LAW: POLICE 

INTERCEPTION OF TEXT 

MESSAGES 

R. v. TELUS 

(Ont. S.C., Mar. 4, 2011)(34252) 

2103 SCC 16 (March 27, 2013) 

Police require a search warrant to 

access text messages. 

~ 

CRIMINAL LAW: TRIAL JUDGE 

OPINIONS 

R. v. Mailhot 

(Que. C.A., May 23, 2012)(34881) 

2013 SCC 17 (March 28, 2013) 

A new trial in this case is required 

because of the effect of the trial 

judge’s charge on the fairness of 

the trial. 

~ 

HUMAN RIGHTS: HATEFUL 

SPEECH 

Saskatchewan (Human Rights 

Commission) v. Whatcott 

(Sask. C.A., Feb. 25, 2010)(33676) 

2013 SCC 11(February 27, 2013) 

The Saskatchewan Human Rights 

Code, which prohibits the 

publication or display of any 

The Canadian Legal Information Institute 

Making Canadian law accessible 

for free on the internet. 

www.canlii.org 

representation “that exposes or 

tends to expose to hatred, 

ridicules, belittles or otherwise 

affronts the dignity of any person 

or class of persons on the basis of a 

p r o h i b i t e d g r o u n d ” , i s 

constitutional. 

~ 

MUNICIPAL LAW: 

EXPROPRIATION 

Antrim Truck Centre Ltd. v. 

Ontario (Transportation) 

(Ont. C.A., June 2, 2011)(34413) 

2013 SCC 13 (March 7, 2013) 

The reasonableness of interference 

must be determined by balancing 

the competing interests, as in all 

other cases of private nuisance, 

and that balance is appropriately 

struck by whether, in all of the 

circumstances, the individual 

claimant shouldered a greater 

share of the burden of construction 

than would be reasonable to expect 

individuals to bear without 

compensation. 

~ 

TORTS: MEDMAL 

Ediger v. Johnston 

(B.C.C.A., May 30, 2011)(34408) 

2013 SCC 18 (April 4, 2013) 

The trial judge was correct to find 

an obstetrician was negligent in 

the circumstances here by failing to 

ensure back-up surgical C-section 

(CONTINUED ON PAGE 33) 


NWT LEGISLATIVE UPDATE 

Kelly McLaughlin 

Director, Legislation Division 

GNWT Dept. of Justice 

Yellowknife 

TERRITORIAL PARKS ACT 

An Act to Amend the Territorial Parks 

Act, S.N.W.T. 2013, c.8, came into 

force on Assent on March 14, 2013. 

The Act amends the Territorial 

Parks Act to provide that registered 

owners of motor vehicles are liable 

for parking contraventions 

involving their vehicles within 

Territorial Parks. Additionally, the 

amending Act provides the 

S u p e r i n t e n d e n t 

w i t h 

authority to issue orders 

respecting fires in Territorial 

Parks and establishes the 

a u t h o r i t y t o m a k e 

regulations respecting fires. 

■ NB: The NWT Legislative News is not a 

comprehensive report of legislative 

enactments. Only items considered to be 

of interest to the Bar are listed. 

Find Certified Bills, Consolidations of Acts, 

Regulations and Court Rules, and the 

Northwest Territories Gazette at the 

GNWT website: 

www.justice.gov.nt.ca/Legislation/ 

SearchLeg&Reg.shtml 

(CONTINUED FROM PAGE 32) 

staff would be immediately 

available. 

LEAVES TO APPEAL 

GRANTED 

CONTRACTS: ARBITRATION 

AWARD 

Sattva Capital Corporation v. 

Creston Moly Corporation 

(B.C.C.A., Aug. 7, 2012)(35026) 

2012 BCCA 329 (March 7, 2013) 

What is the appropriate arbitrated 

finder’s fee for a mining deposit 

acquisition. 

~ 

CRIMINAL LAW: “MR. BIG” 

R. v. N.L.H. 

(N.L.C.A., Sept. 17, 2012)(35049) 

2012 NLCA 61 (February 28, 2013) 

There is a publication ban in this 

case, in the context of admissibility 

of evidence flowing from an 

RCMP “Mr. Big” sting. 

~ 

INTERNATIONAL LAW: STATE 

IMMUNITY 

Estate of Kazemi et al. v. Iran et 

al. 

(C.A. of Que., Aug. 15, 2012)(35034) 

2011 QCCS 196 (March 7, 2013) 

Is there state immunity where a 

Canadian citizen is arrested, 

detained, tortured and killed by 

State authorities in Iran. 

~ 

PROFESSIONS: MANDATORY 

RETIREMENT 

McCormick v. Faskens 

(B.C.C.A., July 19, 2012)(34997) 

2012 BCCA 313 (March 7, 2013) 

Is there mandatory retirement for 

private practice lawyers in B.C. 

~ 

WORKERS COMP: CHRONIC 

STRESS 

Martin v. W.C.B. et al. 

(Alta. C.A., Aug. 29, 2012)(35052) 

2012 ABCA 248 (March 7, 2013) 

Is chronic stress eligible for 

Workers Comp. 

■ Eugene Meehan, QC, is a Litigation 

Partner at Supreme Advocacy LLP, 

Ottawa. His primary area of work is with 

the Supreme Court of Canada, mainly 

assisting other lawyers in taking cases 

(both Leave to Appeal and Appeal), and 

complex legal opinions. For previous 

summaries, and to keep up-to-date with 

all SCC appeals and leave to appeals, 

contact Eugene at 

emeehan@supremeadvocacy.ca. 


NOTICES 

NOTICE OF CHANGE OF STATUS 

TAKE NOTICE THAT the following persons: 

Cane, Heather M. (Vancouver, BC) 

Delaney, Erin L. (Calgary, AB) 

Ferguson, Clara C. (Vancouver, BC) 

Hardin, Michael J. (West Vancouver, BC) 

Hardy, Susan L. (Edmonton, AB) 

Kennedy, Priscilla E.S.J. (Edmonton, AB) 

Posynick, James R. (Creston, BC) 

Shouldice, Hart (Ottawa, ON) 

Zigayer, Alyson K.C. (Tuktoyaktuk, NT) 

Previously Active Members of the Law Society of the 

Northwest Territories, have opted to withdraw from the practice 

of law in the Northwest Territories and become In-active. 

Therefore, as of April 1, 2013, they are no longer entitled to 

practice law in the Northwest Territories. 

NOTICE OF CHANGE OF STATUS 


Gillespie, Amy (Calgary, AB) 

Maurice, Ronald (Redwood Meadows, AB) 

Rask, Dean (Calgary, AB) 

Slavik, Jerome (Edmonton, AB) 

Thorne, Kim (Vancouver, BC) 

Walsh, Louis (Elliot Lake, ON) 

have been suspended from membership in the Law Society of 

the Northwest Territories effective April 1, 2013 pursuant to 

Rule 60 of the Rules of the Law Society of the Northwest 

Territories, being the failure to fulfill the annual renewal 

requirements on or before March 31, 2013. 

NOTICE OF RESIGNATION 


Adam, Hon. Mr. Justice M. AIi (Zimbabwe) 

Bailey, Kenneth F. (Edmonton, AB) 

Baldwin, Michelle E (Yellowknife, NT) 

Barbour, Blair W. S. (Cornwall, PE) 

Blake, Arlene (Calgary, AB) 

Deschamps, Jean-Benoit (Vancouver, BC) 

Funt, Christopher R (Vancouver, BC) 

Garber, Allan A. (Edmonton, AB) 

Greenwood, Chris (Vancouver, BC) 

Langford, Kerry L. (Edmonton, AB) 

LePage, L. Brent (Ottawa, ON) 

Littlefield, David A. (Toronto, ON) 

MacDonald, W. Lindsay (Vancouver, BC) 

Marshall, John J. (Calgary, AB) 

Metz, Ellaree (Ajax, ON) 

Moulton, Alexis N. (Calgary, AB) 

Patterson, Jessica R. (Yellowknife, NT) 

Racine, Annabelle (Ottawa, ON) 

Rideout, Daniel L. (Kentville, NS) 

Sheppard, Carole A. (Ottawa, ON) 

Sutton, C. Gerald (Edmonton, AB) 

Stinson, Alexandria (Brighton, ON) 

Triggs, Michael D. (Winnipeg, MB) 

Turner, Gilese A. (Iqaluit, NU) 

Vennard, Kathryn (Salmon Arm, BC) 

Wilson, Richard (Edmonton, AB) 

having indicated that they do not wish to continue their 

memberships in the Law Society of the Northwest Territories and 

having voluntarily submitted their resignations, have been permitted 

to resign, and their names have been removed from the Roll of the 

Society effective April 1, 2013. 


MEMBER RESOURCES 

PRACTICE ADVISORS 

The Practice Advisors from the Law Society of Alberta are 

available to discuss legal, ethical and practice concerns, and 

personal matters such as stress and addiction. Members 

are invited to contact the Practice Advisors at any time. Visit 

lsnt.ca/advisors for details and contact information. 

4th Floor, Diamond Plaza · 5204 – 50 th Avenue 

P.O. Box 1298 · Yellowknife, NT · X1A 2N9 

T: (867) 873-3828 · F: (867) 873-6344 

info@lawsociety.nt.ca · www.lawsociety.nt.ca 

The Legal Profession Assistance Conference (LPAC) of 

the Canadian Bar Assocation is dedicated to helping 

lawyers, judges, law students and their families with 

personal, emotional, health and lifestyle issues through a 

network of Lawyer Assistance Programs, a national 24-hour 

helpline and Provincial Programs. If you need assistance, 

please call the helpline or visit their website. 

1-800-667-5722 www.lpac.ca 

PRESIDENT 

VICE-PRESIDENT 

SECRETARY 

TREASURER 

LAYPERSON 

Caroline G. Wawzonek 

Karen Wilford 

Margo Nightingale 

J.M. Alain Chiasson 

Peter Hall 

MENTOR PROGRAM 

Members from Northwest Territories and Nunavut are invited 

to call the office of the Alberta Practice Advisor and ask for 

the Mentor Program. Please be advised that not all of the 

mentors may be totally familiar with NT statutes and 

practice. There is no cost. Call 1-888-272-8839 

P.O. Box 1985 · Yellowknife, NT · X1A 2P5 

T: (867) 669-7739 · F: (867) 873-6344 

info@cba-nt.org · cba.org/northwest 

PRESIDENT 

VICE-PRESIDENT 

SECRETARY/TREASURER 

PAST-PRESIDENT 

Glen W. Rutland 

Sandra MacKenzie 

Karin Taylor 

Malinda Kellett 

The Law Society of the NWT and the 

CBA-NT Branch have partnered with 

Human Solutions to offer members 

free, private and confidential 

professional counseling and consultation for the resolution of 

personal issues or work related difficulties. This service is 

available 24 hours a day, 7 days a week. Call any time. 

1-800-663-1142 

MEMBERS OF 

COUNCIL 

DEPUTY SECRETARY/TREASURER 

EXECUTIVE DIRECTOR 

DIRECTOR OF COMMUNICATIONS 

LEGAL EDUCATION COORDINATOR 

ADMINISTRATIVE ASSISTANT 

& MEMBERSHIP ENQUIRIES 

Sheldon Toner 

BettyLou McIlmoyle 

Jeannie Wynne-Edwards 

Linda G. Whitford 

Ben Russo 

Liz Jackson 


CCCA 

ACCJE 

CBA LEGAL CONFERENCE 

learn, connect, 

experience. 

Aug. 18-20, 2013 | Saskatoon 

learn 

connect 

experience 

Learn at the CBA Legal Conference. nce. 

Customize your learning with CPD 

eligible practice and skills based 

streams – including in-house 

counsel programming. Actively 

participate in your learning with live 

polling, mock arbitrations, case study 

workshops and other interactive tools. 

Connect and share with over 1,000 legal 

professionals from across Canada, including 

opportunities to purposefully network with 

colleagues in your area of practice or special interest. 

Experience the only national gathering of 

Canada’s legal community. 

To learn more or register visit 

learn, 

connect, 

experience, 

scan. 

www.cba.org/CLC

ARCTIC OBITER

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