ARCTIC OBITER

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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) 4 ■ MARCH/APRIL 2013 ARCTIC OBITER
(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. ARCTIC OBITER MARCH/APRIL 2013 ■ 5
Page 1 and 2: ARCTIC OBITER MARCH/APRIL 2012 VOLU
Page 3: CBA-NT BAR NOTES ’d like to begin
Page 7 and 8: MAKING A SPLASH FOR CHARITY Yellowk
Page 9 and 10: WILLS SEMINAR DRAWS A CROWD Yellowk
Page 11 and 12: THANK YOU! The CBA-NT Young Lawyers
Page 13 and 14: CBA INTERVENES AT SCC IN SUMMARY JU
Page 15 and 16: ON TOPIC THE CBA ON THE FUTURE OF T
Page 17 and 18: PUBLIC INTEREST HOME BUYING AFTER A
Page 19 and 20: suggestions. However, the former wa
Page 21 and 22: And then there’s the plan. Again,
Page 23 and 24: community, it may not be possible t
Page 25 and 26: ordered - The objectives of a suppo
Page 27 and 28: order was appropriate. ~ CRIMINAL L
Page 29 and 30: causing bodily harm. The accused te
Page 31 and 32: S.C.C. UPDATE HERE IS A SUMMARY OF
Page 33 and 34: NWT LEGISLATIVE UPDATE Kelly McLaug
Page 35 and 36: MEMBER RESOURCES PRACTICE ADVISORS

ARCTIC OBITER

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