ARCTIC OBITER

4 | ARCTIC OBITER
THE DIRECTOR’S CHAIR
Mobility Agreement is a Top Priority for the North
On the 19th of March, 2010, the Presidents of the Law
Societies of Canada gathered in the Convocation Room at the
Law Society of Upper Canada and signed the Quebec
Mobility Agreement [QMA]. A press release from the
Federation of Law Societies quotes from President John
Campion’s remarks on the occasion:
“What was begun in 2002 with the signing of
the National Mobility Agreement among the
common law provinces is now completed, with
an agreement by the law societies in common
law jurisdictions to open their doors to members
of the Barreau du Québec”.
For those unfamiliar with the QMA, it
extends the scope of the National Mobility
Agreement (NMA) by facilitating reciprocal
permanent mobility between the common
law jurisdictions and the civil law
jurisdiction in Québec. The QMA
establishes the framework for recognition of
members of the Barreau du Quebec as
“Canadian Legal Advisors” in Canadian
Linda G. Whitford
common law jurisdictions. Law Societies across Canada will
now adopt the appropriate rules to give effect to the
Agreement, a process that is already underway in a number
of jurisdictions. Lawyers from the Canadian common law
jurisdictions have been eligible for equivalent membership in
the Barreau du Québec as Canadian Legal Advisors since
June 2008.
Specifically, a person granted membership in the Barreau as
a Canadian Legal Advisor may
a) give legal advice and consultations on legal matters
involving the law of the Canadian province or territory
where he or she is legally authorized to practise law or
involving matters under federal jurisdiction;
b) prepare and draw up a notice, motion, proceeding or
other similar document intended for use in a case before the
courts, but only with respect to matters under federal
jurisdiction;
c) give legal advice and consultations on legal matters
involving public international law; and
d) plead or act before any tribunal, but only with respect to
matters under federal jurisdiction.
The QMA provides for the creation of the
Canadian Legal Advisor in common law
jurisdictions and its continuation by the
Barreau. The agreement provides that
signatory jurisdictions will use their best
efforts to obtain any legislative
amendments necessary for the
establishment of the Canadian Legal
Advisor category of membership and will
also make necessary changes to their rules
and regulations so as to facilitate a
reciprocal arrangement.
An initiative is underway to extend similar
mobility rights to members of the Chambre
des Notaires du Quebec, the regulatory body
for the 3,500 notaries in the province.
With the signing of the Territorial Mobility Agreement in
2006, reciprocal permanent mobility was expanded to the
three northern territories. This agreement is set to expire on
January 1, 2012. Discussions are now taking place on all
levels – local, territorial, and national - on the future of the
TMA.
As noted in the early discussions that facilitated the TMA,
the three territories find themselves in a unique situation,
particularly in the Northwest Territories and Nunavut where
a significant number of our active members are non-resident
(i.e. their primary practice of law is in another jurisdiction,
but they are authorized to practice law here on either a full
or restricted basis).
As of March 5, 2010, 66% of our practicing membership was
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