ARCTIC OBITER

More documents

Recommendations

Info

PRESIDENT’S MESSAGE T his month’s Obiter theme is comings and goings. One of the reasons lawyers are able to “come and go” throughout the provinces and territories is due to the Territorial Mobility Agreement (TMA). This month my goal is to provide members with an update about changes and challenges to mobility across Canada and to seek input from members on whether the Northwest Territories should revisit any aspects of the mobility agreement. There are three key updates: the ongoing constitutional challenge to the territorial mobility regime, Quebec’s immanent participation in full mobility and the decision of the Council of the Federation of Law Societies not to prioritize any review of the TMA in 2014. Background In 2006, the Law Society of the Northwest Territories signed the Territorial Mobility Agreement. In doing so, we became party to the permanent mobility provisions of the existing National Mobility Agreement (“NMA”) - a nationwide initiative by the Federation of Law Societies that greatly reduced barriers to mobility within Canada. With permanent mobility, qualified Canadian lawyers can move across provincial or territorial boundaries and have their qualifications accepted without having to write additional bar exams or repeat bar-level courses. The TMA specifically excluded the temporary mobility provisions of the NMA. Caroline G. Wawzonek Temporary mobility allows lawyers who are licensed to practice in their home jurisdiction to practice in a reciprocal “host” jurisdiction for up to 100 business days in one calendar year without additional permits or licensing. The lawyer does not have to advise the host law society that they are providing those services. Of note, if a lawyer establishes an “economic nexus” with a host jurisdiction that lawyer becomes ineligible in the spring of 2014. for temporary mobility and must pursue full membership with that law society. An economic nexus is established when, for example, a lawyer provides legal services for more than 100 business days, opens an office or opens a trust account. Constitutional Challenge Members may be aware that there is a challenge to the TMA presently before the Nunavut Court of Justice. The Law Society of the NWT has intervened in this litigation. The hearing is now set for December 10 and 11, 2013. It is hoped that a decision will be available Quebec proposes to adopt full permanent mobility A significant change to the national mobility regime is that Quebec has recently moved to become a signatory to the full NMA. Until now Quebec has only allowed a limited scope of practice for lawyers under the special legal advisor category. Quebec has now proposed to adopt full permanent mobility, with temporary mobility to come as soon as Quebec legislation can be changed. It is anticipated that a Quebec will be a full signatory to the national mobility regime before the end of 2013. (CONTINUED ON PAGE 3) 2 ■ AUGUST 2013 ARCTIC OBITER
...PRESIDENT’S MESSAGE Once Quebec’s acceptance of the NMA is complete, the three northern territories will be the only jurisdictions in Canada that do not participate in both permanent and temporary mobility. When the TMA was signed in 2006, it was a time limited agreement that was meant to expire in 2011. In 2011, all law societies agreed to indefinitely extend the TMA. The Federation of Law Society’s Council also agreed that by December 2014 they would review the factors impeding participation by the territorial law society in the temporary mobility provisions of the NMA and consider whether there may be solutions to those impediments. The Executive looks forward to receiving feedback from the membership in order to determine whether any further action is desired or if the current status quo is satisfactory. At its most recent meeting in June 2013, the Federation’s Council deferred the discussion of any change to territorial mobility to the three territories. In other words, there is no longer any formally scheduled review of mobility in 2014. If any of the territories want to see changes to the existing regime, it would be up to us to bring those suggestions forward. There are a variety of possible options for the future of mobility in the territories. These options range from maintaining the status quo under the TMA to our full participation in national mobility. NWTLS President Carolyn Wawzonek & daughter CBA BBQ, summer 2013 News Events Publications www.lawsociety.nt.ca It’s all online. ARCTIC OBITER AUGUST 2013 ■ 3
Page 1: ARCTIC OBITER AUGUST 2013 VOLUME XV
Page 5 and 6: JUST CALLED: JEFFREY MARTIN ARCTIC
Page 7 and 8: THE DIRECTOR’S CHAIR T his and Th
Page 9 and 10: ...THE DIRECTOR’S CHAIR and the A
Page 11 and 12: ...L2: SHAD TURNER ________________
Page 13 and 14: CBA NATIONAL NEWS FRED HEADON TAKES
Page 15 and 16: FULBRIGHT SCHOLAR RAMONA SLADIC ARC
Page 17 and 18: Farewell to Lucy & Adrian oversaw t
Page 19 and 20: NWT DECISION DIGEST CONT’D The ra
Page 21 and 22: NWT DECISION DIGEST CONT’D ~ CRIM
Page 23 and 24: NWT DECISION DIGEST CONT’D Joint
Page 25 and 26: NWT DECISION DIGEST CONT’D When t
Page 27 and 28: S.C.C. UPDATE CONT’D to prove. [q
Page 29 and 30: S.C.C. UPDATE CONT’D ~ PROFESSION
Page 31 and 32: S.C.C. UPDATE CONT’D Recognize th

ARCTIC OBITER

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?