ARCTIC OBITER

ARCTIC 

OBITER 

FALL 2013 VOLUME XVII · ISSUE 5 

INSIDE 

FEATURING VOLUNTEERS 

MARGO NIGHTINGALE 

SARAH ARNGNA'NAAQ 

PAUL FALVO 

PRESIDENT’S MESSAGE 2 

CBA-NT BAR NOTES 4 

THE DIRECTOR’S CHAIR 7 

FINANCIAL MATTERS 10 

FEDERATION OF LAW SOCIETIES 17 

NWT DECISION DIGEST 20 

NWT LEGISLATIVE NEWS 25 

SUPREME COURT UPDATE 27 

RESOURCES 30 

MEMBER NEWS 

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 

contact the Law Society: 867 873 3828. 

The Arctic Obiter is your newsletter. 

Send your submissions to communications@lawsociety.nt.ca. 

Comments and suggestions are also welcome.

PRESIDENT’S MESSAGE 

T 

his last edition of the Obiter for 2013 is loosely 

themed around volunteerism and charity. 

Fortunately there is much to be written about the 

involvement of our membership in our community 

and on the various committees that make up our Law 

Society. I am going to highlight some of the recent 

volunteer work that keeps the Law Society operating 

as smoothly as it does and one area in 

need of improvement. 

New Executive 

First the good news: the election for the 

2014 Law Society Executive is 

complete. The 2014 Executive will 

benefit from the return of Margo 

Nightingale and the addition of 

Shannon Cumming and Michael 

Woodward. They will each begin their 

three year terms on December 7, 2013 

and are joining continuing members 

Karen Wilford, Alain Chaisson and 

Peter Hall. 

One of the first tasks they will participate in is a 

strategic planning session that is being organized for 

early in 2014. The goal of this session is to map out 

both short and longer term objectives for the Executive 

and, ultimately, committees. 

Should Societies regulate firms & associations? 

Another task of the Executive is to attend the 

Federation of Law Societies’ twice annual conferences 

on behalf of our Society. The most recent conference 

was held in St. John’s, Newfoundland in mid October. 

The theme of the conference asked us as regulators 

whether it is time to reconsider the current regime of 

regulating individual lawyers in favor of expanding 

regulation to law firms or other associations in which 

Caroline G. Wawzonek 

lawyers actually practice their trade. The conference, 

as always, was an opportunity to share and trade ideas 

and best practices to ensure that the law society 

operates in the best possible way with a mindful eye 

on emerging issues and trends. 

Linda’s Retirement 

A special committee was created this 

year to assist in seeking a successor for 

Linda in advance of her retirement in 

April 2014. This committee has met 

both before and after anything 

resembling regular work hours and 

their tireless commitment appears to 

have paid off. We hope to be able to 

announce our new Executive Director 

in time for the AGM. Stay tuned for 

details on a special farewell event for 

Linda Whitford in the new year. 

On that note, the social committee 

remained steadily busy through the fall 

and is now ramping up for the holiday 

party scheduled for November 30, 2013 at the DND 

Mess. 

CLIA changes 

This fall, members of the insurance committee and the 

executive attended a special meeting of the Canadian 

Lawyers Insurance Association (CLIA) in Toronto. 

Significant changes are on the horizon for CLIA 

including the departure of Alberta from at least the 

mandatory insurance program and a general 

restructuring of the board. 

And now the challenge: Every year the law society 

encourages members to make donations to the 

Yellowknife food bank leading up to the annual 

(CONTINUED ON PAGE 3) 

2 ■ FALL 2013 ARCTIC OBITER

...PRESIDENT’S MESSAGE 

holiday party. The Yellowknife food bank serves a broad 

spectrum of people in our community including many 

families with children. Food Banks Canada concluded in its 

2013 annual report on hunger and food bank use in Canada 

that, “Food insecurity in the North, and particularly in the 

Arctic, is a dire public health emergency.” 

Last year we officially raised $350, of which$250 was 

budgeted from the Executive, in addition to some in-kind 

donations. In other words, the Law Society of the Northwest 

Territories officially raised only $100 in cash last holiday 

season. 

The Canadian Legal Information Institute 

Making Canadian law accessible 

for free on the internet. 

www.canlii.org 

We can do better than that. 

We have 152 active resident members. If each active, 

resident member made a donation equivalent to the 

cost of one $60 ticket to the holiday party we would 

raise $9120! 

I commend anyone who has lugged cans of food to their 

office and in exchange for you taking up this challenge, I 

promise to do my best to include any in-kind donations in my 

final tally this year. 

The AGM is scheduled for Saturday, December 7, 2013. I look 

forward to being able to report to you that we have 

collectively succeeded in putting together a donation to the 

Yellowknife Food Bank that will make a meaningful 

difference in the lives of other Yellowknifers or at least one 

that is well on its way there. 

Good luck! 

_____________________________________________________ 

http://www.foodbankscanada.ca/FoodBanks/MediaLibrary/ 

HungerCount/HungerCount2013.pdf 

Tickets cost $60 last year. Do not hold me to that price! Our 

Social Committee is still working out the finer details before 

finalizing this year’s ticket price but we expect it to be 

comparable. 

ARCTIC OBITER FALL 2013 ■ 3

CBA-NT BAR NOTES—SANDRA MACKENZIE, PRESIDENT 

t is that time of year again, when we as lawyers get 

I into the swing of professional activities after 

enjoying an amazing northern summer. Fall is a time 

to get back to business, to start afresh, and to set goals 

for the upcoming year ahead. As I sit down to write 

this piece, the first snow flakes are falling (and staying 

on the ground) in Yellowknife, and I am thinking 

about the upcoming year and what it means to be a 

member of the Canadian Bar Association. 

To me, it means being a connected and 

engaged member of the bar, participating 

in legislation and law reform, and having 

access to great local and national 

professional development and networking 

opportunities. It is also a great way to get 

involved and to give back to the 

profession. 

It has been a busy fall for the CBA at the national and 

local levels, and it is my hope that this year the CBA- 

NWT will continue to provide value, engagement, and 

meaningful CPD programs to its members. The fall got 

off to a great start with the Presidents’ Dinner on 

September 21, 2013, which was co-hosted by myself 

and the president of the Law Society, Caroline 

Wawzonek. We had the honour of hosting Madame 

Justice Andromache Karakastanis of the Supreme 

Court of Canada for the weekend of the dinner. Justice 

Karakastanis spoke about lawyers’ professional 

obligations to their clients, and the potential conflicts 

that arise between lawyers’ ethical obligations and the 

business of law. It was a thoughtful and insightful 

speech, and overall the evening was a great success! A 

big thanks goes out to all of the LSNWT and CBA staff 

and volunteers who made this event happen. 

Section Chairs are busy putting together a roster of 

great CPD programming for the year. Stay tuned for a 

busy few months of interesting programming. On a 

national level, the Skilled Lawyers Series is returning 

with another great line up of exceptional webinars. 

This season is focused on practice competencies and 

practice management. Each webinar will be replayed 

this year, so members will have another opportunity 

to access a program if they missed it the first time. 

These webinars can also be replayed upon request at 

any time. 

The Women Lawyers Forum has also had a busy fall 

so far. The season kicked off with a wine and sushi 

reception at the beginning of September which was a 

great way for people to reconnect professionally after 

the summer. The group put together a team for the 

CIBC Run for the Cure, and went out and ran on a 

beautiful autumn day in early October. 

At the national level, the CBA Access to Justice 

Committee recently released the Access to Justice 

Report “Reaching Equal Justice” at the CLC in 

Saskatoon this past summer. This fall, the committee 

is developing a work plan that will move the CBA 

from the targets in the report to concrete 

implementation. and is now in the final phase of the 

project. The CBA Futures Initiative is in full swing and 

is looking for members to “Join the Conversation” by 

participating in live webinars and twitter chats and 

online forums. There are lots of opportunities to get 

involved at the national level. Email me for any further 

information or questions on these projects or getting 

involved on national committees. 

As the new president of the CBA-NWT, I look forward 

to working with you this year. 

I want to hear what matters to you. 

I want to know how we can improve your experience 

as a member of the CBA, or if you are not a member- I 

want to know why you are not a member, and what 

the CBA can do engage and connect with local 

members of the bar. 


MARGO NIGHTINGALE 

LAWYER. CONDUCTOR. 

Nobody can do everything, 

but 

everyone can do something. 

(source unknown) 

People volunteer for as many reasons as 

there are causes to choose from. 

We 

volunteer to do good deeds, to work 

towards change, to develop our skills, 

to share our knowledge, to fulfill a 

sense of obligation, to expand our social 

networks, and sometimes to drum up 

new business. 

We volunteer to give 

something back, and sometimes, we receive 

an abundance in return. 

We make a living by what we get, but 

we make a life by what we give. 

~Winston Churchill 

I think a lot of lawyers get that message. 

We sit on community boards. We take 

pro bono clients. We bag groceries, 

staff bingos, serve soup and push 

brooms. We organize rallies, provide 

legal information, and run, walk and 

bike for cures. Sometimes our volunteer 

work is all work for no pay and 

sometimes, if we're lucky, it's about joy. 



...IT’S ABOUT THE JOY | MARGO NIGHTINGALE 

(CONTINUED FROM PAGE 5) 

The purpose of life is not to be happy - but to 

matter, to be productive, to be useful, to have it 

make some difference that you have lived at all. 

~Leo Rosten 

So why should volunteering be about joy? 

Our professional functions are often bleak and 

stressful. We work with people in the midst of a 

crisis, or we help people avoid a crisis by imagining 

first what terrible things could happen, or we 

wade in after a crisis has hit but the wreckage remains 

in desperate need of attention. This can be 

rewarding and intellectually challenging, but it's 

not something that often makes us feel joy. And 

without a healthy joy quotient in life, it's no wonder 

some of us are driven to drink. 

I do, see, hear and think things that don't arise in 

my day job. I've learned new skills, made great 

friends, and developed tight connections to the 

community through volunteering. I've built a 

stronger network of colleagues (which as a sole 

practitioner has been invaluable) while supporting 

the law society's important work. As a chorister, 

previous board member and now conductor 

for Aurora Chorealis, I have fed my love of 

music while learning new ways to make it. In 

both, I've had the chance to problem solve, do 

new things and be creative. With the choir, I've 

been lucky to turn a hobby into a volunteer opportunity 

and luckier still to find that it brings 

me joy. 

Volunteering isn't all about the fun stuff, but there 

should be some part that makes you feel good doing 

it. Join a Law Society or CBA committee 

(or both), or join a community organization or 

cause you support. 

Find some joy. 

Volunteer. 

If you think you are too small to be effective, 

you have never been in bed with a mosquito. 

~Betty Reese 

Although we chose our profession, we can't always 

choose our work. For me, volunteering is different. 

I'm in it because I want to be and I stay in it 

because it feeds a part of me. 


THE DIRECTOR’S CHAIR 

I 

t’s that time again - Volunteer signup. 

Federation Meetings, AGM preparations 

and the approaching year end. If you are a 

Committee Chair - your reports for the AGM 

on December 7 th are due Nov. 10th! 

Federation of Law Societies’ 

Conference 

St. John’s NL was the site of the 

most recent Federation of Law 

Societies Conference. President 

Caroline Wawzonek, Vice- 

President Karen Wilford and I 

attended along with Sheila 

MacPherson, our FLSC Council 

Member. 

In addition to the 

“conference” portion of the 

gathering, it was an opportunity 

for the Northern jurisdictions to 

meet to discuss items of 

common interest or concern; the various 

counterpart groups to meet; and, the FLSC 

Council to take care of business. 

Mobility Agreement updated to include 

those trained in the civil law tradition 

Linda G. Whitford 

Aside from the great hospitality of the Law 

Society of Newfoundland and Labrador and 

a chance to catch up with colleagues from 

across the country, the highlight of the 

conference was the signing of an agreement 

that allows Canadian lawyers easier mobility 

across all provincial jurisdictions regardless 

of whether they are trained in the Canadian 

common law or civil law tradition. A similar 

agreement that would extend mobility 

arrangements between Quebec and the three 

law societies in the northern 

territories is expected to be 

concluded in 2014, once the 

Territorial Mobility Agreement 

is amended and ratified. 

Currently, those with Civil Law 

Degrees can apply for the 

Canadian Legal Advisor status. 

Once the new agreement is in 

place, they will be members, but 

like all other members, only able 

to practice in those areas their 

training provides. 

Regulation of law firms in the future? 

Legal regulation dominated the discussions 

of the conference as participants looked at the 

challenges facing law societies and 

considered whether or not the current 

regulatory model is adequate for the legal 

marketplace of the future and what we could 

learn from our international colleagues. It 

was interesting, and I was particularly 

intrigued by Adam Dodek’s presentation 



...THE DIRECTOR’S CHAIR 


“Why Aren’t Legal Entities Being 

Regulated?” Interested… you can read all 

about it in his paper, Regulating Law Firms 

in Canada. 

Marie-Claude is also Past President of the 

Law Society of New Brunswick, and a Past 

President of the Young Lawyers' Association 

of the Canadian Bar Association, New 

Brunswick Branch. 

New FLSC President 

The meeting was also the last to be chaired 

by Bâtonnier Gérald R. Tremblay, C.M., O.Q., 

Q.C., Ad.E, whose term as President of the 

FLSC ends November 15 th , 2013. Originally, 

he was to be succeeded by Thomas Conway, 

but his term has been deferred for a year 

given his current position as Treasurer of the 

Law Society of Upper Canada. In the 

interim, the helm of the FLSC will be in the 

very capable hands of Marie-Claude Bélanger 

-Richard, QC, from Moncton, New 

Brunswick. 

Marie-Claude was appointed a Council 

member by the Law Society of New 

Brunswick in November 2009. She is a 

partner in the firm Stewart McKelvey in 

Moncton where she practices civil litigation, 

insurance and family law. She obtained a 

Bachelor of Laws from the University of 

Moncton in 1985 and was called to the Bar of 

New Brunswick the following year. She was 

appointed Queen’s Counsel in 2003. 

Giving back 

On the local front - it won’t take you long to 

realize that the theme running through this 

edition of the Obiter is all about giving back. 

Volunteers are not only a key and valued 

component of the Society, but our 

community as well. Attend any event and 

you will find volunteers. I am appreciative of 

those who, no matter how busy, take the time 

to make a difference. They are the unsung 

heroes of our community - making a 

difference for all of us. Once retired, it is my 

goal to step up to the plate and do more of it 

myself. 

Many of our members do good things 

outside of their professional responsibilities. 

While not all get known, one of them was 

recognized this week as the Honourable 

Jackson Lafferty, Minister of Education, 

Culture and Employment, recognized the 

tremendous contributions that people across 

the territory have made in the preservation 



...THE DIRECTOR’S CHAIR 

and promotion of culture and heritage in the 

Northwest Territories. Margo Nightingale 

accepted the Minister’s Choice Award on behalf 

of the Choral Society for sharing their passion 

for choral music in their community and 

Territory. This is not the first time Margo has 

been recognized. In 2009 the NWT Branch of 

the Canadian Bar Association presented her 

with the Community Service Award. When 

notified of that recognition, she commented 

that she was gobsmacked and added that “I 

haven’t lived the life of Mother Theresa or 

raised $100K for charity, so I’m feeling a little 

weird about being awarded for the time I’ve 

spent doing something that I love. I guess 

that’s the sign of doing the right volunteer 

work - no additional recognition is required to 

bring satisfaction and joy.” Margo is also a 

member of the Law Society Executive 

Committee, serving as Secretary. She was 

recently acclaimed along with Michael 

Woodward and Shannon Cumming for an 

additional 2-year term. 

A tale of quiet heroism 

This next bit will not be news to those of you 

who delve into the realm of social media and 

are my “friends” on facebook, but it does fit 

with our “giving back” / “paying it forward” / 

“making a difference” theme. On Sunday, 

November 2 nd , 2008, I was at the office trying 

to get things done before heading off to 

Canmore and our daughter’s wedding. 

Having previously arranged with Marc 

(husband of 41 years for those who don’t 

know) to pick me up at a certain time, I was a 

little po’d to see him coming early. That 

quickly dissipated when I realized he was 

soaking wet. The story that unfolded, Close 

Call as Vehicle Sinks at Sand Pits, tells it all and 

as a result, two people were very thankful to 

be alive after a stranger came to their aid as 

their vehicle was sinking into deep water. 

Many years earlier, another rescue took place 

on Prelude Lake when Mr. Barnett came to the 

aid of a young woman who found herself “out 

of the canoe” and could not get back in. Marc 

walked that beautiful young woman down the 

aisle 6 days after the sand pit rescue. Did I 

mention how proud his family is of him? 

And with that, until next time when there will 

be much to report...be safe, be well, be happy!! 


FINANCIAL MATTERS 

Over $8.8 Million to be refunded to CBIA customers! 

The CBIA is excited to announce that, as a result of better 

than anticipated financial performance, in October 2013, 

CBIA Business Overhead Expense and Term Life certificate 

owners will share in over $8.8 million through a premium 

refund. 

Qualifying Business Overhead Expense certificate owners 

will receive a cheque in an amount equal to 100% of their 

2012 paid premiums. 

Qualifying Term Life certificate owners will receive a cheque 

in an amount equal to more than 32% of their 2012 paid premiums 

on combined face amounts of $1,500,000 or less per 

life insured. 

The CBIA helps members of the Canadian legal profession 

buy high-quality insurance at the lowest possible cost. This 

is achieved through a combination of group buying power 

and our no-profit, breakeven pricing goal. If better than anticipated 

plan performance results in a financial position 

that exceeds the long-term requirements of an insurance 

program, we return this money to our customers. Such is the 

case with the over $8.8 million now being refunded to most 

Term Life and Business Overhead Expense insurance customers. 

Although we cannot guarantee future results, over the last 

15 years better than anticipated plan performance has resulted 

in over $53 million being returned to CBIA customers 

through reduced rates, contractual improvements and refunded 

premiums. 

Choosing the Right Bank for Your Trust Accounts 

If you’re in private practice and do more than legal aid 

work, you’ve got a trust account. Any interest that the account 

generates is to be paid, by law, to the NWT Law Foundation 

semi-annually under the Legal Profession Act, s. 57(2). 

Not all trust accounts are equal, however, so it bears taking a 

few minutes to assess what your bank is doing for you, and 

whether or not you could be doing a better job generating 

interest on those trust monies. 

It is the lawyer’s obligation to instruct their bank to remit 

any interest earned on the trust monies to the Law Foundation 

every six months. Every year during the audit process, 

we discover a few lawyers who have been receiving the interest 

back into the trust account, which is verboten under 

the Act. Please review your bank statements carefully in order 

to be sure the interest is not going back into the account, 

and check with the bank periodically to make sure the interest 

is actually being paid to the Law Foundation. 

Currently, the five banks operating in the NWT have 

slightly different rates of return—ScotiaBank is offering 

prime less 3%, effectively zero interest. The other four— 

Bank of Montreal, CIBC, Royal Bank and TD—are all offering 

0.25%. When dealing with your bank, please insist on 

getting the highest return possible—low interest has a direct 

effect on the work the Law Foundation can support year to 

year. 

We rely on your diligence, so please take a couple of minutes 

to make sure your part of the system is working the 

way it is supposed to. Students and community groups 

thank you for your efforts. 

RULES REFRESHER: 

#113 A member shall only pay an amount out of a clients trust account by cheque bearing the signature or 

countersignature of the member or of another member that he or she has designated as a signing 

authority. 


SARAH ARNGNA'NAAQ 

LAWYER. SEARCH & RESCUER. 

ust starting my career out in the legal field I have been trying to remain very aware of maintaining a healthy work-life 

J 

balance. 

From the first day of law school on people have been telling me that law can easily consume my 

life and while I find it admirable that some people choose to follow that path, I know it is not for 

me. To my mind there are far too many good things out there in life to be able to justify making 

mine entirely about one or two activities. 

At the moment my time is mostly split between my office, caring for my dog, working as a paid-on-call fire fighter, and 

staying physically active. That being said I do try to fit in some time with the SPCA, NACC, and a few other “one off” 

volunteer activities. I am also a member of the Yellowknife Search and Rescue group, though (fortunately) those services 

have not been needed much in my year with that organization. Throw in a few social activities and my schedule is dotted 

with activities that keep me pretty occupied. 



...IT’S ABOUT BALANCE | SARAH ARNGNA'NAAQ 


I do have dreams of becoming involved with the John Howard Society and the adult or youth drop-in centres but 

those have been put on a back burner for the moment while I try to get the hang of balancing a new legal career, fire 

fighting and some time at home. I have found that my level of involvement in volunteer activities has tended to fluctuate 

over the years. At times I will be involved in anything and everything possible, and at other times while the 

desire to participate remains , life just gets in the way. It seems I’m on a constant search for the right balance between 

professional, personal and social opportunities. While I haven’t quite found that fit yet I’m sure it is out there 

somewhere. 

There is quite a list of reasons to be involved in volunteer activities and I’m sure those reasons vary from person to 

person. I personally like to try and stay involved with the community around me; keeping my time filled with a 

range of activities that involve other people from all walks of life is important to me. I am also always interested in 

learning new and interesting things, whether it’s how to be fire safe, how to use a compass and read a map, or how 

to play a new sport. 

One of the great things about Yellowknife is you really get to know the faces from around town, too. We live in a 

small but rich community and staying involved in volunteer activities helps to develop and maintain relationships 

across professional and other common social barriers. Volunteering is a great way to keep involved in and give back 

to a community that offers so much. It also helps ensure we keep a healthy balance between the office and life outside 

of work. 

CBA Running Team raises over $900 for Run For Our Lives 

Hat tip to: 

Dana Webster 

Magnolia Unka 

Laura Jeffery 

Karin Taylor 

Sandra MacKenzie 

Cecila Bastedo 


Editor’s Desk 

France Benoit’s ode to Yellowknife, the Art of Giving, was probably as close as we 

come to a community love-in. 17 short films shown at NACC, and now available 

online, sensitively document a range of generous acts by volunteers, and by the time 

the films concluded I can’t imagine anyone was left without a heightened respect and 

gratitude for the individuals who give of themselves in such quiet ways. From washing 

feet at the Salvation Army to collecting and distributing food, these are the generative 

acts that create perhaps the best of Yellowknife’s social fabric: caring for one another in 

ways that matter. 

Many of the members of LSNT give of themselves to both the legal and the wider community. 

This issue of the Arctic Obiter spotlights three: Margo Nightingale, Sara Sarah 

Arngna'naaq and Paul Falvo. 

If you are looking for ways to involve yourself in the community, the Law Society welcomes more committee members—you 

can complete the application form here. But there are all kinds of other opportunities to volunteer as 

well. As Margo points out, it’s all about the joy. So why not consider what brings you joy, and go from there? 

WELCOME NEW MEMBERS 

The Law Society welcomes its new calls in September 

and October 

ADAM VIVIAN 

MCLENNAN ROSS, LLP· YELLOWKNIFE 

BRENT WINDWICK 

FIELD LLP · EDMONTON 

JOHN OLYNYK 

LAWSON LUNDELL LLP · CALGARY 

KENNETH HALUSCHAK 

BRYAN & COMPANY · EDMONTON 

Speaking of new, 

Congratulations to 

Don Large, 

proud grandfather of 

Talbot Smith, 

born Sunday, Oct. 6th! 

PAUL PARSONS 

PAUL PARSONS PERSONAL LAW CORP. · VICTORIA 

SARAH ARNGNA’NAAQ 

JUSTICE CANADA · YELLOWKNIFE 

TANIA MONTEIRO 

PUBLIC PROSECUTION SERVICE OF CANADA · YELLOWKNIFE 


PAUL FALVO, 

LAWYER. FIRE FIGHTER. 

L 

ife without volunteering is hard to imagine. 

I’ve been doing it for years; and, as the cliché goes, I get more out of it than I put in. There are 

discontent, “lost” people out there. 

Volunteering gives a sense of purpose. 

It brings happiness to both the volunteer and the recipients. 

For five years, I’ve been a member of the Rotary Club. I think of Rotary as the “volunteer mafia.” 

Rotary International has 1.2 million members worldwide. It was started by lawyer Paul Harris 



… ITS ABOUT THE SENSE OF PURPOSE | PAUL FALVO 

more than a century ago; our current international 

president is another lawyer. You name 

it: If it’s something good, a Rotarian somewhere 

in the world is doing it. There are 

even e-Clubs now, so anyone with internet 

can get involved, from anywhere (ask me 

how!) 

Litter pick-ups, fund raising walks. Volunteering 

in the community keeps me off the 

couch. I try to involve my daughter when I 

can. Volunteering teacher our children not to 

be selfish: They learn that there are other people 

out there with needs. 

Firefighting takes up most of my volunteer 

time right now. Some weeks, it’s like having 

a part time job. But, it’s something I wanted 

to do since I was a kid. It’s exciting. As lawyers, 

we have sedentary jobs. Firefighting is 

an opportunity to do something active. Sitting 

in my office, I am fifteen minutes away 

from being inside a burning building. 

As a part time “paid on call,” I am usually 

“back up.” But, in a large incident or multiple 

simultaneous incidents, I could end up doing 

almost anything. It’s worthwhile. You never 

know when someone you care about could be 

inside that house on fire, that overturned motor 

vehicle, or the airplane with a landing 

gear failure. Besides, who doesn’t enjoy driving 

fast downtown with flashing lights! 

The Girls Need Camps Foundation (GNCF) 

is a new CRA designated charitable foundation 

based in Yellowknife, NT. The purpose 

of the GNCF is to fundraise to support repairs 

of existing infrastructure or construction 

of new infrastructure owned or operated 

by other girl- and camping-focused charitable 

organizations (CRA qualified donees) in the 

Northwest Territories. 

Existing charities such as (but not limited to) 

Girl Guides of Canada, Camp Connections 

(Foster Family Coalition of the NWT) and the 

YWCA operate in the NWT. They run camps 

and programs for girls and young women 

and have facilities in the NWT that are necessary 

to support their camp-related programming. 

However, many of these facilities are 

old, run-down and in need of major repairs. 

Fundraising for these capital expenditures 

can be a daunting task for organizations 

whose main focus is on finding the resources 

(financial and human) to deliver on day-today 

programming. 

The Girls Need Camps Foundation was created 

to take on the task of fundraising for facilities 

(new or repairs to existing) that support 

the work of other registered societies 

and charities that carry out the programming 

that GNCF promotes. Examples of the programming 

we are encouraging and trying to 

support includes topics or skills such as 

camping, survival, independence, selfesteem, 

team building, leadership and com- 



ing of age. Examples of facilities may include 

cabins, tent platforms, picnic tables, or outhouses 

(long-term infrastructure or capital improvements). 

It does not include tents, groceries 

or other short-term or consumable camping 

supplies. 

We want to ease the stress and burden of fundraising 

for capital improvements to camp facilities 

from these like-minded organizations. 

Girls Need Camps is taking a targeted approach 

to fundraising for camp facilities for all girlrelated 

camps, so other organizations can focus 

their efforts on program delivery and maintenance 

of their facilities. We will also promote 

the benefits of camps to girls and young 

women, encouraging them to participate, and 

encouraging women in the community to get 

involved as mentors. Girls Need Camp volunteers 

will also help other organizations increase 

their camp and outdoor-related programming 

by providing expertise and volunteer time to get 

new programs started or improving existing 

programs. 

The camping facilities are very important to the 

programming that these organizations provide 

to girls and I want others to love going there as 

much as I did. The goal is to raise $1 million 

dollars through donations and fundraising 

events and activities. That’s right. I said one 

million! :-) Building in the north, especially 

outside of town, is not a cheap process and we 

want to make sure these camps are suited for 

the needs of the organizations now, and well 

into the future. There’s no sense dreaming 

small, right?? We can do it NWT! 

Jennie Rausch, President 

Girls Need Camps Foundation 

Mailing Address: 

5060 Forrest Drive 

Yellowknife, NT X1A 2B2 

Email: girlsneedcampsNWT@gmail.com 

Phone: 867-444-9753 

News 

Events 

Publications 

www.lawsociety.nt.ca 

It’s all online. 


FEDERATION OF LAW SOCIETIES OF CANADA NEWS 

New National Mobility Agreement bridges common law and 

civil law traditions 

common and civil law, than there are 

differences.” 

National mobility is at the heart of several 

national standards initiatives undertaken by the 

Federation of Law Societies of Canada on behalf 

of the law societies, including in the areas of 

admission to the profession, discipline and 

professional ethics. 

An agreement that allows Canadian lawyers 

easier mobility across all provincial jurisdictions 

regardless of whether they are trained in the 

Canadian common law or civil law tradition, 

has been signed by all provincial law societies. 

Representatives from each provincial regulator 

signed the agreement during the Annual 

Conference of the Federation of Law Societies of 

Canada, held October 17-19, 2013 in St. John’s 

Newfoundland and Labrador. 

President of the Federation, Gérald R.Tremblay, 

Q.C., told those attending the signing ceremony 

that the new mobility agreement was a form of 

declaration of something that had been known 

for so long by so many in the profession - “there 

are more similarities in legal training and in 

daily practice in Canada’s two legal traditions of 

“You might ask why national mobility is so 

important today” Mr. Tremblay added. “The 

very essence of Canada is on display in a way 

that has never been seen before. Tonight, we 

formally join hands across two great legal 

traditions that are at the foundation of Canada’s 

system of justice – the common law and the civil 

law traditions. “ 

The previous mobility arrangement with 

Quebec set up in 2010 created a Canadian Legal 

Advisor regime which permitted limited 

practice rights for lawyers transferring between 

Quebec and the other provinces.” That 

agreement only allowed transferring members 

of the profession to practice in areas of federal 

law, the law of their home jurisdiction, and 

public international law. 

The new agreement removes all such 

restrictions and maintains the existing principle 

that lawyers only practice in areas of law for 

which they are competent to do so. “Especially 

with the globalization of markets, it was 

important for the law societies of Canada to 


...FEDERATION OF LAW SOCIETIES OF CANADA NEWS 


allow lawyers to move freely and practise across Canada without any barriers” the Federation 

President told those attending the signing ceremony. 

The new National Mobility Agreement was ratified by the provincial law societies following 

adoption in principle earlier this year. The terms of the new mobility agreement were first 

proposed by the Bâtonnier of Quebec in 2012, Nicolas Plourde. The details of the agreement were 

then fully developed by a committee of the Federation after a complete analysis of mobility 

issues. 

Implementing the new agreement could take up to a year, as each provincial law society 

formally adopts the terms and conditions in their by-laws or regulations. In Quebec, the changes 

will first require approval of the Office of Professions of Quebec, which oversees all selfregulating 

professions in the province, and will require approval from the Quebec government. 

Pending implementation, the existing mobility rules remain in force. 

What were your key take-aways from the Federation of Law Societies Conference? 

Practicing in an isolated jurisdiction makes it all too easy to maintain a narrow focus, but 

this is at our peril. The Federation meetings provide a welcome opportunity to see the Law 

Society of the NWT in context: part of a profession that is local, national and international in 

scope. Acknowledgment of similarities and respect for differences by our peer Law Societies 

allows us to participate meaningfully in the FLSC. Global trends may arrive later in the 

North, but arrive they do and having the opportunity to be part of the conversation means 

that the public interest is better served. 

- Karen Wilford, Vice-President, Law Society of the Northwest Territories 

CBA-BC INVITES NORTHERN MEMBERS TO JOIN SECTIONS 

The British Columbia Branch of the CBA welcomes CBA members in the Northwest Territories to their 

Sections. Information on the 72 available sections, including the Women Lawyers Forum, is available on 

the CBA-BC website: cba.org/bc 


2014 CBA National Aboriginal Law Conference 

Join us in Canada’s Newest Territory 

If you’ve ever wanted to journey to the Canadian Arctic, here 

is your opportunity. 

The 2014 CBA National Aboriginal Law 

Conference will be held in the capital of 

Canada’s newest territory Iqaluit, Nunavut 

from June 19-20. 

The theme of the conference is “Nation-Building under Land 

Claims Agreements, Treaties and Self-Government 

Agreements”. 

Join us at this ground-breaking summit, where we will 

explore the practical, on-the-ground implications and 

challenges of implementing modern land claim agreements, 

treaties, and other similar agreements. Through the theme of 

Nation-building, we will examine issues such as 

environmental and natural resources management, 

governance, revenue generation, and social issues. There is 

something for everyone, even if your practice doesn’t include 

negotiating treaties or Land Claims Agreements. 

With the arctic tundra as our backdrop, we will cover a wide 

range of topics through a combination of plenary groups and 

break-out sessions and share best practices and lessons 

learned from leading practitioners and academics from across 

Canada. 

Some of our topics include: 

Overview of land claims agreements, treaties, and similar 

agreements 

Implementation of Agreements 

Case Study of the Nunavut Land Claims Agreement 

Social Issues such as health, education, access to justice 

Taxation and Revenue Generation 

Governance 

Land, Water and Natural Resource Management 

Mining, Exploration and Natural Resource Development 

Lessons to be Learned 

For those of you that want to turn your trip into a working 

vacation, we are planning many cultural and outdoor 

activities, taking advantage of summer solstice and the long 

days. Proposed events include an afternoon learning about 

traditional Inuit culture, including Qulliq lighting, throat 

singing, char-fishing and tasting traditional food. If you are 

also looking for opportunities to give back to the people, 

communities and land of North, contact us about the many 

ways that you can make a contribution. 

As our airline sponsor, First Air will offer substantially 

reduced fares for conference attendees. We are also actively 

seeking sponsorships, both big and small, to help to offset the 

cost of the conference and travel expenses. 

We look forward to seeing you in Nunavut in 2014! 

For more information, please go to 

http://www.cba.org/cbapd/aboriginal.aspx. 

For more information or to discuss sponsorship opportunities, 

please contact Cindy Kieu at (867) 975-6523 or Kathryn Deo at 

(250) 298-8178. 


WELCOME TO THE NORTH! 

.. A few of those who attended the 

annual Welcome Evening Oct. 25th. 

Bobbie Keigan 

Thuc Anh Tu Pham 

Michael Woodward 

Alexandre Larouche 

Nicholas Leeson 

Simone Tielesh 

Christopher Buchanan 


CBA ARTICLES OF NOTE 

LAW FIRMS: LEAKING INFORMATION 

By Pablo Fuchs 

Law firms are hubs of confidential information. Are they doing enough to 

protect it from prying eyes? 

The story features Ontario members Barry Sookman and Ronald Deibert 

http://nationalmagazine.ca/Articles/Sept-Oct-2013/Renseignements-soussurveillance.aspx?lang=EN 

YOUR PRACTICE: ON GUARD 

By Pablo Fuchs 

In matters of data security, a firm’s lawyers are often the weakest link 

• A rock-solid data-protection plan 

• Trends in data protection 

• Advice from the experts 

The story features two Ontario members: Barry Sookman and Diana Miles 

http://nationalmagazine.ca/Articles/Sept-Oct-2013/On-guard.aspx?lang=EN 

FEATURES 

INTELLECTUAL PROPERTY - THE $500-MILLION DOC- 

TRINE 

By Marc-André Séguin 

Is the so-called ‘promise doctrine’ developed by Canada’s courts tantamount 

to wrongful expropriation? Industry seeks clarification on patent validity 

tests. 

The story features Ontario members Andrew Bernstein and Andrew 

Shaughnessy 

FROM THE EDITOR: ANOTHER BIG SHIFT 

http://www.nationalmagazine.ca/Blog/October-2013/Another-big-shift.aspx? 

lang=EN 

FROM THE PRESIDENT 

Putting clients back at the centre of the legal system 

http://nationalmagazine.ca/Articles/Sept-Oct-2013/The-$500-milliondoctrine.aspx?lang=EN 

http://nationalmagazine.ca/Blog/September-2013/A-functioning-justicesystem.aspx?lang=EN 

OUT OF OFFICE 

Lawyers can’t work all the time. Here’s a guide to music, books, movies and 

travel destinations for when it’s time to dial it down. 

Read the profile on Kelly Harris of Ontario 

http://nationalmagazine.ca/Articles/Sept-Oct-2013/Out-of-office.aspx? 

lang=EN 

INNOVATION IN A LEGAL PRACTICE 

HTTP://NATIONALMAGAZINE.CA/ARTICLES/SEPT-OCT-2013/ 

INNOVATION-IN-A-LEGAL-PRACTICE.ASPX?LANG=EN 

PICTURING THE FUTURE 

A letter to the Editor 

http://stage-na.cba.org/Articles/Sept-Oct-2013/Picturing-the-future.aspx 

AWARD WINNERS 

Winners hail from Vancouver, Ottawa, Montreal, Toronto, Edmonton, Hamilton, 

Dartmouth, Regina, Calgary, Saskatoon, and Halifax 

http://nationalmagazine.ca/Articles/Sept-Oct-2013/Recognizing-Excellence- 

2013.aspx?lang=EN 

NOT QUITE CONTEMPT: THE SILENT WIFE. 

By Douglas Mah 

http://nationalmagazine.ca/Articles/Sept-Oct-2013/The-Silent-Wife.aspx? 


NWT DECISION DIGEST 

SUPREME COURT 

* correction – in the last issue the 

citation for Werner v Hay River 

Mobile Home Park was incorrectly 

indicated as 2013 NWTCA 3. The 

correct citation is 2013 NWTCA 4 

FAMILY LAW – CHILD SUPPORT 

– SPECIAL EXPENSES 

McInnes v Hamilton 

2013 NWTSC 58 (Aug. 20, 2013) 

Presiding: Justice L.A. Charbonneau 

For the Designated Authority: K. Simpson 

For the Respondent: Not represented 

The applicant mother sought a 

variation of a child support order 

made in Alberta in 2000. 

She 

sought an increase to reflect the 

father’s increased income and an 

order requiring he pay a 

proportionate share of special 

expenses. The respondent 

opposed only the claim for special 

expenses. 

Maureen McGuire 

Alberta Justice 

Edmonton 

Application for special expenses 

dismissed – An applicant seeking 

special expenses bears the burden 

of establishing that the expense is 

both necessary and reasonable. 

The evidence on this application 

was insufficient. 

~ 

CRIMINAL LAW – SENTENCING 

– REQUIREMENT OF GLADUE 

REPORT 

R v Gruben 

2013 NWTSC 59 (AUG 15, 2013) 

Presiding: Justice Germain 

For the Crown: B. Demone 

For the Defendant: T. Boyd 

Joint submission accepted and 

s e n t e n c e o f 1 4 m o n t h s ’ 

imprisonment imposed for assault 

causing bodily harm – The 

offender was originally charged 

with aggravated assault but 

entered a plea to the lesser 

included offence following the 

completion of evidence in his jury 

trial for that charge and prior to 

verdict. 

The offender was an 

Aboriginal man. No Ipeelee-Gladue 

type report was prepared. There is 

no absolute requirement for such a 

report. 

If a written report were 

required in every case the system 

would quickly become constipated 

and people would be prejudiced 

by delay. 

~ 

FAMILY LAW – CHILD SUPPORT 

– RESCINDING ARREARS 

Biggin v Censner 

2013 NWTSC 61 (Aug 29, 2013 

Presiding: Justice K. Shaner 

For the Applicant: K. Allison 

For the Respondent: Not represented 

The applicant was ordered in 1990 

to pay 

support of $250/child. 

Arrears began to accumulate 

shortly thereafter. An application 

to rescind arrears in 1996 was 

dismissed. 

Application dismissed – Child 

support is not an ordinary 

financial obligation. The applicant 

has not demonstrated that there 

were special circumstances which 

prevented him from paying 

support in the past, or that the 

amount of support he was ordered 

to pay should have been reduced. 

No explanation was offered as to 

what efforts the applicant made to 

discharge his support obligations. 

The applicant is not currently 

without assets or income. He has 

not shown that he cannot now, nor 

will he in future, be able to pay the 

arrears. 

~ 

FAMILY LAW – CUSTODY AND 

ACCESS 

Lacoursiere v Penk 

2013 NWTSC 62 (Sept 3, 2013),Presiding: Justice 

Charbonneau 

For Applicant: M. Nightingale 

For the children: K. Wilford 

Respondent not represented y counsel 

A previous order provided the 

respondent have Skype access for a 

minimum of one hour per week at 

a time mutually agreed on by the 


NWT DECISION DIGEST CONT’D 

parties. This type of flexible 

conditions works well when there 

is not a lot of tension between the 

parties. In this case, the children 

will benefit from predictability in 

the Skype access they will have 

with their father and the parties 

will benefit from a fixed schedule, 

not having to be in contact to 

arrange it. Limiting contact 

between the parties is in the best 

interests of the children. 

The parties’ wishes for the 

Christmas holidays conflicted. The 

respondent was granted access 

immediately before the holiday 

season for 2013. The applicant 

cannot expect that her preferences 

and plans for the holiday season 

will prevail year after year. It is 

expected that the father will seek 

to have Christmas next year. 

~ 

CRIMINAL PROCEDURE – 

APPOINTMENT OF COUNSEL 

TO CROSS-EXAMINE 

COMPLAINANT 

R v Avadluk 

2013 NWTSC 63 (Sept 11 , 2013) 

Presiding: Justice S. Smallwood 

For the Applicant: W. Miller 

For the Respondent: not represented by counsel 

Application allowed – It is difficult 

to conceive of a situation where the 

Court would not grant the 

application in a case of an alleged 

sexual assault. The nature of the 

offence of sexual assault is such 

that permitting the accused to 

cross-examine the complainant 

will most often raise serious 

concerns about the ability of the 

witness to provide a full and 

candid account if personally crossexamined 

by the accused. In this 

case, the accused has repeatedly 

alleged the complainant is lying 

and wants her to tell the truth. His 

insistence on cross-examining her 

personally is based on his desire to 

get her to tell the truth and that his 

previous counsel did not ask the 

questions he wanted. This 

provides insight into the manner in 

which he might be expected to 

conduct his cross-examination. 

The accused’s single-minded focus 

on certain issues leaves concern 

that he will be unable to conduct 

an effective and focussed crossexamination 

of the complainant. 

~ 

CRIMINAL LAW – APPEALS – 

BURDEN OF PROOF 

R v Zieba 

2013 NWTSC 64 (Sept 11, 2013) 

Presiding: Justice Schuler 

For the Appellant: L. Stevens, QC 

For the Respondent: M. Johnson 

Appeal from conviction for two 

counts of assault – The appellant 

argued that the trial judge’s 

statement commenting on the 

complainant’s and accused’s 

contradictory versions (“what 

actually happened probably lies 

somewhere between the two”), 

implies the trial judge did not 

reject the Appellant’s evidence and 

that the Crown evidence did not 

meet the criminal standard of 

proof. 

Appeal allowed and new trial 

ordered – The trial judge did not 

address a significant contradiction 

between Crown witnesses. The 

trial judge made no assessment of 

the complainant’s credibility, other 

than a finding that her evidence 

“might not” establish one aspect of 

the complaint beyond a reasonable 

doubt. It is not clear why, having 

rejected her evidence about that 

aspect, he accepted her evidence 

otherwise. The trial judge was 

entitled to believe some, all or 

none of the evidence of any 

witness. However, when 

significant aspects of the testimony 

of a witness are rejected, there 

should be some credibility analysis 

to explain why other aspects of 

that same witness’ testimony are 

accepted. The trial judge’s remark 

about the truth probably lying 

somewhere between the two 

versions suggests he was trying to 

come to a reconciliation of the 

versions – what “probably” 

happened – instead of determining 

whether the Crown had proved 

the case beyond a reasonable 

doubt. 



CRIMINAL PROCEDURE – TRIAL 

WITHIN A REASONABLE TIME 

R v Caesar 

2013 NWTSC 65 (Sept 10, 2013) 

Presiding: Justice Shaner 

For the Crown: A. Godfrey 

For the Defendant: M. Martin 

The defendant sought a stay of 

proceedings on the basis that his 

right to be tried within a 

reasonable time had been violated. 

39 months elapsed since the 

information was sworn. Neither 

the inherent time requirements nor 

the actions of the Crown 

contributed significantly to the 

delay. The actions of the 

defendant and the institutional 

delay account for the lion’s share 

of time. The defendant’s actions 

were the cause of 13.5 months. 

Application dismissed – Although 

institutional delay (22 months) 

accounts for most of the delay in 

this case, it is not unreasonable in 

the circumstances. There is a 

practice of trying cases in the NWT 

where the offence is alleged to 

have occurred. This serves a 

number of very good purposes: 

avoids witness travel; allows 

people to see the justice system at 

work in their communities; 

provides opportunities for a wide 

array of individuals to sit as jurors 

and participate directly in the 

justice system; allows an accused a 

jury panel that is more likely to be 

representative of that person’s 

community and culture. 

This 

p r a c t i c e i s n o t w i t h o u t 

consequences, however. 

Among 

these is the possibility of a longer 

wait for a trial than would be 

experienced elsewhere or a longer 

wait than one would experience 

upon electing to be tried by judge 

alone. 

The realities of smaller 

communities mean a possibility of 

mistrial, as happened here, causing 

delay. Given all of the 

circumstances under which this 

court operates, the institutional 

delay in this case is not, in and of 

itself, unreasonable. 

The options 

are limited and the delay is 

explained. There is no basis for a 

finding the defendant suffered any 

prejudice as a result of the time it 

has taken to get this matter to trial. 

TERRITORIAL 

COURT 

CRIMINAL LAW – 

REASONABLE DOUBT 

R v Football 

2013 NWTTC 17 (Aug 20, 2013) 

Presiding: Chief Judge R.D. Gorin 

For the Crown: J. Porter 

For the Defendant: P. Fulglsang 

The defendant was alleged to have 

assaulted the complainant causing 

a cut on her face, and having 

breached his recognizance by 

failing to keep the peace and be of 

good behaviour and by having 

contact with the complainant. The 

complainant testified she went to 

the defendant’s residence against 

his wishes. There she fought with 

another woman. The defendant 

intervened and threw the 

complainant out of the residence. 

The complainant then, while 

intoxicated and jealous, made a 

false statement to the police 

accusing the defendant of assault. 

The complainant’s contrary 

videotaped statement given under 

oath to police was admitted into 

evidence for the truth of its 

contents. The Crown called the 

woman who, according to the 

complainant’s testimony, was 

responsible for the injuries. That 

woman gave evidence inconsistent 

with the complainant’s trial 

testimony. 

Defendant acquitted – The 

contradictions between the 

complainant’s testimony and her 

statement are such that it is clear 

she lied under oath either in her 

statement to the police or in her 

testimony in court. Her credibility 

was thoroughly impeached. 

Anything she says cannot be relied 



W h i l e t h e r e w a s s o m e 

corroborative evidence it was not 

strongly corroborative. There is a 

very real danger that when the 

complainant gave her statement 

she incorporated certain details 

that were accurate but nonetheless 

lied about the assault. 


CHARTER OF RIGHTS – SEARCH 

WARRANTS 

R v Kenny 

2013 NWTTC 18 (Aug 26, 2013) 

Presiding: Justice Schmalz 

For the Crown: B. Machperson 

For the Defendant: P. Harte 

The drug charges against the 

defendant depended on the 

admissibility of evidence obtained 

pursuant to a search warrant. The 

information to obtain the warrant 

contained information from two 

confidential informants. The first 

source was not demonstrated to be 

reliable and the information 

provided was uncorroborated. 

The second source has proven 

reliable in the past. However there 

was no indication that source had 

personal knowledge that the 

defendant sold marijuana from his 

residence. 

The evidence was excluded – The 

way information was presented in 

the information to obtain led to 

suspicion that it may be 

misleading. The confidential 

informant information is not 

compelling. The only other police 

investigation was confirmation 

that the defendant lived at the 

specified residence, which is 

common knowledge in the 

community. At best, the 

information to obtain amounts to 

suspicion. 

~ 

CRIMINAL LAW – IDENTITY 

R v Beck 

2013 NWTTC 19 (Sept 4, 2013) 

Presiding: Justice Malakoe 

For the Crown: J.S. Bond 

For the Defendant: C. Davison 

An armed robbery was committed 

by two men – one carrying a 

handgun and the other a stick. A 

Crown witness testified he was the 

man with the handgun and 

identified the defendant as the 

man with the stick. An eyewitness 

recognized the defendant but was 

not able to identify him in the 

courtroom or in a photo line-up. 

Another eyewitness did not 

recognize either robber, although 

he had met the defendant once and 

recognized him in the courtroom 

when he testified. There were 

some significant difference in the 

recollection and perception of the 

two eyewitnesses. 

Defendant convicted of breaking 

and entering and committing 

robbery – While the accomplice 

evidence must be treated with 

caution, it is confirmed in part by 

other evidence. In the context of 

the other evidence, the evidence of 

the accomplice was believed. 

~ 


FAILURE OF CROWN TO ELECT 

– YOUTH CRIMINAL JUSTICE 

ACT 

R v DD 

2013 NWTTC 20 (Sept 4, 2013) 

Presiding: Justice Malakoe 

For the Crown: J.S. Bond 

For the Defendant: C. Davison 

The Crown failed to make an 

election with respect to a hybrid 

charge prior to the young person’s 

conviction. Prior to sentencing, the 

court was required to determine 

whether, as a result, the offence is 

deemed to be summary or 

indictable. 

Offence deemed to be indictable – 

Section 34 of the Interpretation Act 

deems all hybrid offences to be 

indictable. Because an adult 

cannot be in Territorial Court for a 

trial on an indictable offence unless 

he or she has so elected, the 



deeming provision of the Interpretation 

Act is required only to the point where 

the Crown makes its election. If the 

Crown fails to elect, the offence is 

deemed to be indictable and the 

accused would be put to his election. 

If the Crown fails to elect and the 

accused does not elect but simply 

enters a “not guilty” plea and proceeds 

to trial, the courts have deemed the 

offence to be a summary conviction 

offence. It would be clear the accused 

was treating the offence as a summary 

conviction offence, defeating the 

deeming provision in the Interpretation 

Act. Unlike an adult, a young person 

normally does not make an election if 

the Crown is proceeding by way of 

indictment. In this case nothing 

indicated by the Crown or defence, nor 

any action taken by the Crown or 

defence, showed that either the Crown 

or defence were treating this offence as 

anything other than indictable. The 

facts found after trial would attract a 

starting point sentence of three years 

imprisonment in adult court. There 

would be no expectation on these facts 

that the Crown would be proceeding 

by way of summary conviction. The 

YCJA explicitly deals with the Crown’s 

failure to make an election in two 

situations (for purposes of appeal, and 

access to records). The legislatures 

chose to carve out those situations 

where the deeming provision of the 

Interpretation Act should not apply. 

Had they chosen to displace the 

deeming provision with respect to 

other situations, they would have 

included provisions in the YCJA to do 

so. A hybrid offence in youth court is 

deemed indictable until the Crown 

elects otherwise, and provided the 

Crown does not (a) act in a manner 

that would lead the young person to 

believe the Crown was proceeding 

summarily; or (b) allow the young 

person to proceed as if the Crown was 

proceeding summarily. 

What a Surprise! 

Congratulations to Gary Wolf who 

proposed to Magnolia Unka at the 

President’s Dinner … and received a 

very happy Yes! with Supreme Court 

of Canada’s Madam Justice 

Karakatsanis as a delighted witness, no 

less! 


NWT LEGISLATIVE UPDATE 

NWT LEGISLATIVE 

UPDATE 

Kelly McLaughlin 

Legislation Division 

GNWT Dept. of Justice 

COMMISSIONER’S LAND ACT 

The Commissioner’s Land Withdrawal (Fort 

Resolution) Order, made on September 

26, 2013 and registered as R-067-2013, 

withdraws approximately 16.4 hectares 

of land located within the municipal 

boundaries of the Hamlet of Fort Resolution 

from disposal under the Commissioner’s 

Land Act. The order provides for 

its own repeal on August 22, 2018. 

COMMUNITY PLANNING AND DE- 

VELOPMENT ACT 

The Community Planning and Development 

Act, S.N.W.T. 2011, c.22 (“CPDA”), 

summarized in the July/August 2011 

NWT Legislative News, came into force 

on October 1, 2013 by order of the Commissioner 

registered September 4, 2013 

as SI-002-2013. The CPDA, which replaces 

the Planning Act, modernizes 

processes for community planning and 

development and for subdivision of 

land. Tåîchô community governments 

were initially excluded from the application 

of the CPDA. Subsequent amendments 

to the CPDA were made by the 

Tåîchô Statutes Amendment Act, S.N.W.T. 

2013, c.9, so that on coming into force, 

the CPDA would apply to all municipal 

corporations in the Northwest Territories. 

The Community Planning and Development 

Regulations were registered on September 

4, 2013 as instrument numbered 

R-063-2013 and came into force on October 

1, 2013. The regulations set out requirements 

respecting the submission of 

community plans and respecting applications 

for approval of proposed subdivisions. 

EMPLOYMENT STANDARDS ACT 

The Employment Standards Regulations 

were amended by regulations made on 

September 9, 2013 and registered as R- 

064-2013, to set out the circumstances in 

which an employee is entitled to take 

reservist leave under section 32.1 of the 

Employment Standards Act, and to define 

“undue hardship” for the purposes of 

section 32.2 of that Act. 

LAND TITLES ACT 

The Land Titles Plans Regulations were 

amended by regulations made on August 

14, 2013 and registered as R-058- 

2013, which came into force on October 

1, 2013. These amendments are reflective 

of new terminology found in the Community 

Planning and Development Act 

respecting subdivision authorities. 

SUMMARY CONVICTION PROCE- 

DURES ACT 

The Summary Conviction Procedures Regulations 

were amended by instrument 

numbered August 19, 2013 and registered 

as R-060-2013, to establish tickets 

for offences set out in the Used Oil and 

Waste Fuel Management Regulations made 

under the Environmental Protection Act. 

F i n d C e r t i f i e d B i l l s , 

C o n s o lidations o f A c t s , 

Regulations and Court Rules, and 

the Northwest Territories Gazette 

at the GNWT website. 


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. 

APPEALS 

CIVIL PROCEDURE: 

ARBITRATION, COMPOUND V. 

SIMPLE INTEREST 

British Columber (Forests) v. Teal 

Cedar Products Ltd. 

(B.C.C.A., February 13, 2012 (34769) 

2013 SCC 51 (Oct. 4, 2013) 

Arbitrators acting under the B.C. 

Commercial Arbitration Act do not 

have jurisdiction to award 

compound interest. 

Eugene Meehan, QC 

Supreme Advocacy LLP 

Ottawa 

~ 

COMMERCIAL LAW / 

EMPLOYMENT LAW IN 

QUEBEC: NON-COMPETE AND 

NON-SOLICITATION CLAUSESS 

Payette v. Guay Inc.. 

(Que. CA.,., Dec. 12, 2011) (34662) 

2013 SCC 45 (Sept. 12, 2013) 

Non-compete and non-solicitation 

clauses are interpreted differently 

depending on whether they’re in 

commercial agreements or 

employment contracts – rules of 

interpretation more “generous” in 

the former, “much stricter” in the 

latter. 

~ 

CRIMINAL LAW: (ROADSIDE) 

DOG (“LEVI”) PASSES SMELL 

TEST (BARELY, 5:4) 

R. v. Mackenzie 

(Sask. CA., May 25, 2011)(34397) 

2013 SCC 44 (Sept. 27, 2013) 

Levi’s (sniffer dog) evidence goes 

in. 

~ 

CRIMINAL LAW: (AIRPORT) 

DOG (“BORIS”) PASSES SMELL 

TEST (UNANIMOUSLY) 

R. v Chehil 

(N.S.C.A, Sept. 16, 2011)(34754) 

2013 SCC 49 (Sept. 27, 2013) 

Boris’ too. 

~ 

CRIMINAL LAW/CHARTER: 

PRISONER MOBILITY 

Divito v. Canada (Public Safety 

and Emergency Preparedness) 

(Fed. C.A., Feb. 3, 2011 )(34128) 

2013 SCC 47 (Sept. 19, 2013) 

When you do the crime, you do the 

time, and you don’t get to pick 

where. 

~ 

LEGISLATION: RETROACTIVITY; 

RES JUDICATA; LEGISLATURES 

V. COURTS 

Régie des rentes du Quebec v. 

Canada Bread Company Ltd. 

(Que.. C.A., Aug 22, 2011)(34505) 

2013 SCC 46 (Sept. 13, 2013) 

The S.C.C. held: 

when a legislature enacts a 

declaratory provision with 

retrospective effect, it is 

presumed to have weighed the 

need for the interpretive clarity 

the provision would bring 

against the disruption and 

unfairness that might result 

from its retroactive nature; 

courts owe deference to a 

decision by the legislature to 

enact such legislation; 

h e r e a f i n a l j u d i c i a l 

determination of the rights and 

obligations of the parties had 

not yet been made, 

so the 


S.C.C. UPDATE CONT’D 

declaratory provisions passed 

by the Quebec legislature to 

aid in the interpretation of the 

pension 

applicable; 

legislation were 

in enacting declaratory 

legislation, the legislature 

assumes the role of a court and 

dictates the interpretation of its 

own law; and 

declaratory provisions have an 

immediate effect on pending 

cases, and therefore an 

exception to the general rule 

that legislation is prospective. 

~ 

TAX: QUALIFYING 

AMALGAMATIONS 

Envision Credit Union v. Canada 

(Fed. C.A., Nov 21, 2011)(34519) 

2013 SCC 48 (Spet. 26, 2013)) 

J u n e 2 0 , 2 0 1 3 

The amalgamation as done here 

was a qualifying amalgamation for 

Revenue Canada purposes. 

LEAVES TO APPEAL 

ABORIGINAL LAW: 

HARVESTING CLAUSES 

Andrew Keewatin Jr., et al v. 

Minister of Natural Resources, et 

al 

(Ont. C.A., Mar 18, 2013) )(34470) 

2013 ONCA 158 (Sept. 19, 2013) 

Does a province have rights to 

“take up” tracts of tready land for 

forestry? 

~ 

CIVIL PROCEDURE / FAMILY 

LAW: CONSTITUTIONALITY OF 

COURT ‘HEARING FEES’ 

Trial Lawyers Association of 

British Columbia v. Attorney 

General of British Columbia 

(B.C.C.A.., Feb. 15, 2013) (35315) 

2013 BCCA 65 Feb. 15, 2013 

Are provincial court ‘hearing fees’ 

constitutional? 

~ 

CONTRACTS: IMPLIED TERMS 

OF GOOD FAITH 

Harish Bhasin, carrying on 

business as Bhasin & Associates v. 

Larry Hrynew, et al. 

(Alta. C.A., Mar.18, 2013) (35380) 

2013 ABCA 98 Aug. 22, 2013 

When is there an implied term of 

good faith in renewal of contracts? 

~ 

CRIMINAL LAW: LONG-TERM 

V. DANGEROUS 

J.P.S. v. R 

(Ont. C.A. ., Mar 12, 2013)(35310) 

2012 ONCA 751 Sept. 5, 2013 

There is a publication ban in this 

case, in the context of long-term v. 

dangerous offender orders. 

~ 

CRIMINAL LAW: 

MANSLAUGHTER OF INFANT; 

SENTENCING ‘CREDIT’ 

R. v. Sean Summers 

(Ont. C.A., Mar 12, 2013 )(35339) 

2013 ONCA 147 Aug. 15 2013 

What should the pre-trial custody 

credit be in this ’shaken bayb” 

case? To be heard with R. v. 

Carvery. (35115). 

CRIMINAL LAW: ROBBERY; 

REMANDS FOR ASSESSMENT 

R. v. Steele 

(Man. C.A., Mar. 13, 2013) (35364) 

2013 MBCA 21 Aug. 22 2013 

When should there be a remand 

for assessment, in the context of an 

anticipated dangerous/long-term 

offender application? 

CRIMINAL LAW: SEXUAL 

OFFENCES; DISCLOSURE 

R. v. V.Q. 

(Ont. C.A., Mar. 26, 2013) (35390) 

2013 ONCA 180 (Aug. 22, 2013) 

There’s a publication ban in this 

case, in the context of disclosure of 

police “occurrence reports”. 


S.C.C. UPDATE CONT’D 

EMPLOYMENT LAW IN 

QUEBEC: TERMINATION 

Commission des norms du travail 

v. Asphalte Desjardin Inc. 

(Que. C.A., Mar 19, 2013) (35375) 

2013 QCCA 484 (Sept. 5, 2013) 

What amount is payable here on 

an employee termination? 

LABOUR LAW: CHARTER 

CHALLENGES 

Robert Meredith, et al., v. A.G. of 

Canada 

(Fed. C.A., Apr. 26, 2013) (35424) 

2013 SCC 59897 ( Sept. 19, 2013) 

Are sections of the Expenditure 

Restraint Act, as they affected 

RCMP members, constitutional? 

LABOUR LAW: GOOD FAITH 

BARGAINING 

Canadian Artists' Representation/ 

Front des artistes canadiens, et al. 

v. National Gallery of Canada 

(Fed. C.A., Apr. 26, 2013) (35424) 

2013 FCA 64 (Sept. 19, 2013) 

Was there good faith bargaining by 

the National Gallery in negotiating 

fees with artists? 

■ 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. 


In pixels 

or print 

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Read The Canadian Bar Review online at cba.org/cbr. 

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Find out more at cba.org/membership.

Volume 3, 1, Number 11 3 

Life Lines 

Improving Your Quality of Life — One Step at a Time 

Diabetes and Helping Teens 

Cope 

Growing up can be difficult for teens, and they may face many 

challenges. The added challenge of coping with diabetes 

requires support, understanding and patience. The life of a 

teen can be complex and as a result, diabetes management 

may not be their number one priority. You can support your 

teen, and help them cope. 

As a child matures, the challenge for many families is finding the balance between parental monitoring and teen 

independence 1 . It’s important to be very involved with the health needs of teens, but parents should be aware 

that they cannot be with their children 24 hours a day. Teens are natural risk-takers. They may be searching 

for their place in the world and working at becoming independent. Their body image and peer groups are very 

important and powerful influences. It’s important for parents or anyone else involved in the life of a teen with 

diabetes to be present in a supporting role. Supporting a teen that is coping with diabetes is vital to not only 

their wellness, but also to their overall happiness. 

Talking openly with teens can be challenging whether it is about diabetes or other things. Even if they feel 

uninterested in the opinions of others, they still need guidance. It’s important to build a trusting and supportive 

relationship. Below are some suggestions on supporting your teen, from the Canadian Diabetes Association 2 : 

Recognize how devastating diabetes can be to a teen. They want to be carefree, and independent, just 

like their friends. Instead, they may feel burdened with a lifelong condition and restricted by tests and 

injections. Help your teen figure out ways to fit diabetes into their schedule and share the load where you 

can (help them record their blood glucose results or offer to assist them with one of their injections each 

day). 

Understand, and help your teen understand, that adolescents with diabetes require more insulin as they 

grow and go through puberty. This is normal. It is not a sign of worsening diabetes. 

Be positive and non-judgemental about your teen’s diabetes management. Avoid using terms such 

as ‘good’ or ‘bad’ when referring to your teen’s blood glucose levels. Instead, focus on helping them 

evaluate their blood glucose levels and determining a course of action. For example, say: ‘Your blood 

glucose is higher than your target, so what do you need to do?’ 

© 2013 Homewood Human Solutions

Encourage your teen to participate in sports and other activities. Help them to figure out how to prevent 

low blood glucose (hypoglycemia), which often accompanies increased activity, by testing frequently and 

either reducing insulin or increasing food intake. 

Ensure that your teen understands the potentially devastating consequences that smoking, alcohol and 

drugs can have for people with diabetes. If you are not comfortable talking with your teen about these 

issues, be sure to ask your diabetes professional to raise the subject with them. 

Avoid focusing on weight and body shape. Rather, focus on promoting a healthy lifestyle for all members 

of the family. Some teens discover that when they are getting inadequate amounts of insulin they lose 

weight. Although the discovery may be accidental, some teens are tempted to reduce or skip their insulin 

repeatedly in order to lose weight. This risky behaviour leads to poor glucose management, a risk of 

diabetes ketoacidosis (a life-threatening condition that arises from a serious insulin shortage) and a high 

risk for long-term complications. 

Keep the lines of communication open. Instead of nagging or criticizing, use open-ended questions that 

encourage conversation. For example, ask: ‘How do you feel you are coping with your diabetes?’, ‘What 

are you finding most difficult about it?’, or ‘What would help you now?’ 

Be flexible and willing to help or step back as your teen needs. Watch for signs that your teen is 

struggling with their diabetes management: signs of high blood glucose levels (frequent urination, 

extreme thirst), low blood glucose episodes (hypoglycemia), poor school attendance, depression or a 

significant change in behaviour. If your child shows any of these signs, re-involve yourself in your teen’s 

diabetes and talk to his diabetes professional for further advice. 

Encourage decision-making skills. Ask your teen how they would handle specific situations. Let them answer and 

support appropriate answers. Then make suggestions rather than telling your teen what to do and how to do it. 

Teens need consistent and clear messages about diabetes care. 

With patience and a positive attitude, you can help your teen become a responsible, independent and healthy 

young adult. For more information, visit www.diabetes.ca or contact your EFAP. 

1. http://www.diabetes.ca/diabetes-and-you/youth/teens/ 

2. http://www.diabetes.ca/diabetes-and-you/youth/teens/ 

We want your questions, 

comments, and suggestions. 

lifelines@ 

homewoodhumansolutions.com 

For more information, to book a counselling session, or 

to access any of your EFAP services our Client Services 

Representatives are ready to speak with you 24 hours a 

day, seven days a week, in English or French. All calls are 

completely confidential. 

1.800.663.1142 

1.866.398.9505 (Numéro sans frais - en franÇais) 

1.888.384.1152 (TTY) 

604.689.1717 International (Call Collect) 

www.homewoodhumansolutions.com 

LL_V_EN_V3_11 

© 2013 Homewood Human Solutions Life Lines Volume 3 Number 11

THE NORTHWEST TERRITORIES LAW 

FOUNDATION 

JOHN U. BAYLY, Q.C. MEMORIAL FUND 

A fund, in the memory of the late John U. Bayly, Q.C., a prominent member 

of the NWT Bar for 30 years, has been established in conjunction with the 

NWT Law Foundation. The fund is to encourage and facilitate the 

development of mediation skills. 

An award of $1000.00 will be given out annually to an applicant chosen by 

the Board of Directors of the NWT Law Foundation. The recipient must 

meet the following criteria: 

• Be a resident member in good standing of the NWT Bar; 

• Be desirous of improving their skills in the area of “mediation” and 

have demonstrated an interest in matters relating to the 

advancement of medication; 

• Commit to use the funds to complete training in mediation skills 

within one (1) year of it being awarded. 

Applicants are invited to submit a written request which should include 

details of the applicant’s interest in mediation and why they should be 

chose, along with details of the course they wish to attend. The 

application, along with a resume, can be submitted to: 

NWT Law Foundation 

Box 2594 

Yellowknife, NT X1A 2P9 

Tel: 867-873-8275 

Fax: 867-873-6383 

Email: action@theedge.ca 

Funds will be disbursed upon completion of the mediation course. 

P.O. BOX 2594, 5212 55 th St., YELLOWKNIFE, NT X1A 2P9 

TELEPHONE: (867) 873-8275 FACSIMILE: (867) 873-6383 

e-mail: action@theedge.ca 

www.lawsociety.nt.ca/LawFoundation

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 

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 

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 

MEMBERS OF 

COUNCIL 

DEPUTY SECRETARY/TREASURER 

EXECUTIVE DIRECTOR 

DIRECTOR OF COMMUNICATIONS 

LEGAL EDUCATION COORDINATOR 

ADMINISTRATIVE ASSISTANT 

& MEMBERSHIP ENQUIRIES 

Sandra MacKenzie 

Karin Taylor 

Tricia Ralph 

Glen Rutland 

Sheldon Toner 

BettyLou McIlmoyle 

Jeannie Wynne-Edwards 

Sarah Kay 

Elaine Keenan Bengts 

Linda G. Whitford 

Nancy 

Zimmerman 

Liz Jackson

ARCTIC OBITER

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