ARCTIC OBITER

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4 | <strong>ARCTIC</strong> <strong>OBITER</strong> 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 (CONTINUED ON PAGE 5)
MARCH 2010 | 5 MEMBERSHIP NEW MEMBERS ARLENE K. BLAKE SINCLAIR LAW OFFICE - CALGARY, AB Arlene is a graduate of the University of Calgary Faculty of Law (2005) and was called to the NWT bar in 2010. Arlene brings experience in the area of estate probate, adult guardianship, and general wills/estates practice. Arlene will provide services in the a r e a s o f a r b i t r a t i o n / administrative law (civil disputes, immigration, E.I., C.P.P., W.C.B, landlord/ tenant), employment/labour law, and commercial leasing. DAVID G. MYROL MCLENNAN ROSS - EDMONTON, AB A partner at McLennan Ross, David’s practice is focused primarily on W. Bryce Cabott Occupational Health & Safety. He currently sits as Chair of their in-house OHS Practice Group and is part of the University of Alberta’s Faculty of Extension OHS Diploma Program. He now practices as a Regulatory Defence Lawyer. W. BRYCE CABOTT CABOTT & CABOTT - VANCOUVER, BC Bryce has been a lawyer in Vancouver for over 15 years r e p r e s e n t i n g f o r m e r residential school students throughout Western and Northern Canada, and he has been cited by the Law Society of British Columbia as specializing in the field of Indian Residential School Survivors. David G. Myrol PUBLIC SECTOR LAWYERS ANGIE PAQUIN PPSC - YELLOWKNIFE, NT BLAIR MACPHERSON PPSC - YELLOWKNIFE, NT MEMBERSHIP STATS Active Residents: 129 Active Non-Residents: 237 Inactive Members: 85 Total Membership: 451 (Restricted Members: 75) SPOTLIGHT ON YOU Members want to meet you. Tell your story and shake hands with the North. Email us today! (CONTINUED FROM PAGE 4) non-resident. The majority of those are resident in Alberta. Since January 2005 there have been 184 new calls to the Bar, of which only 51 listed the NWT as their home address. The net gain of resident members since then is is 3, a rise from 127 in December 2004 to 130 in December 2009. In contemplating the future of the Territorial Mobility Agreement, we have no choice but to explore this unique situation again and give serious consideration to our ability to continue as a self-regulated profession with reduced resources; as well as the cost to the resident bar to maintain services with reduced membership numbers. In closing, I hope that those of you in the Vancouver area will join us for a reception at Northern House on April 16th between 5 and 8 pm. This will be your last opportunity to view this popular Olympic venue, but more importantly to meet some of your colleagues from the Northwest Territories and learn about the practice of law in this jurisdiction. Ben has tucked the invite somewhere in the pages of this edition of the Obiter. And I could not resist... The sun came up today at 6:42 and will set tonight at 20:40, giving us 13 hours, 58 minutes of sun – 6 minutes longer than yesterday. I have stored the spikes for the winter and am happily pounding the bare pavement once again. On Easter Sunday the Northwestel Ski Loppet, our last Ski Club event of the season, was held. It will not be long before the die-hards haul out the golf clubs while the rest of us take our bikes out of storage and head outdoors. Until next month – be safe, be well, be happy!
Page 1 and 2: ARCTIC OBITER MARCH 2010 V OLUME XI
Page 3: MARCH 2010 | 3 PRESIDENT’S MESSAG
Page 7 and 8: MARCH 2010 | 7 (CONTINUED FROM PAGE
Page 9 and 10: MARCH 2010 | 9 was a young teenager
Page 11 and 12: MARCH 2010 | 11 NWT LEGISLATIVE NEW
Page 13 and 14: MARCH 2010 | 13 NOTICES The Supreme
Page 15 and 16: MARCH 2010 | 15 RESOURCES The Law S

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