ARCTIC OBITER

ARCTIC OBITER
D ECEMBER 2009 V OLUME XIII, ISSUE 11
‘TIS THE SEASON
THE ANNUAL GENERAL MEETING MARKS
THE END OF YET ANOTHER YEAR AND
BRINGS IN A FULL PLATE FOR 2010

2 | ARCTIC OBITER
THE LAW SOCIETY
OF THE NORTHWEST TERRITORIES
Main Floor
5004 – 50 th Avenue
P.O. Box 1298
Yellowknife, NT
X1A 2N9
TEL: (867) 873-3828
FAX: (867) 873-6344
info@lawsociety.nt.ca
www.lawsociety.nt.ca
PRESIDENT
Shirley Walsh
VICE-PRESIDENT
Michael Hansen
SECRETARY
Erin Delaney
TREASURER
Sheila MacPherson
LAY MEMBER
Maureen Crotty Williams
INSIDE
6
32nd Annual General Meeting
December 5, 2009
3 Law Society
President’s Message
4 Executive Director’s Message
11 NWT Legislative News
12 Supreme Court of Canada
Update
5 Membership News
14 Notices
P.O. Box 1985
Yellowknife, NT
X1A 2P5
TEL: (867) 669-7739
FAX: (867) 873-6344
PRESIDENT
Janice K. Walsh
VICE PRESIDENT
Elaine Keenan Bengts
SECRETARY / TREASURER
Malinda Kellett
10 NWT Decision Digest
15 Resources
cbanwt@lawsociety.nt.ca
www.cba.org/NorthWest
PAST PRESIDENT
Sheldon Toner
ELECTED VOTING MEMBER
Betty Lou McIlmoyle
NON-VOTING MEMBER
Sheila MacPherson
EXECUTIVE DIRECTOR
Linda Whitford
linda.whitford@lawsociety.nt.ca
ADMINISTRATION &
MEMBERSHIP INQUIRIES
Amy LeBlanc
amy.leblanc@lawsociety.nt.ca
EDUCATION &
COMMUNICATIONS
Ben Russo
ben.russo@lawsociety.nt.ca
Arctic Obiter is a joint publication of the Law Society of
the Northwest Territories and the Northwest Territories
Branch of the Canadian Bar Association. It is published
on a monthly basis to keep lawyers practicing in the
NWT informed of news, announcements, programs and
activities. Comments, articles and photos for
consideration can be submitted to Ben Russo. Past and
current issues are available on the Law Society website.
FROM THE EDITOR
The Food Bank donations this year truly impressed me and
left me with a very warm and giving feeling. You can read
more about it on page 9.
Earlier this year, it was recommended by a long-standing
member that we provide more information on the Bar’s
newest additions as a continuing who’s who for all to get
acquainted. It was only a matter of time before one of those recent inductees
suggested a glance at established members for the same reason. I therefore
present a small addition to the membership news: A “Spotlight” on the more
senior lawyers. At random, or perhaps simply because I see their name often,
we will focus on a senior lawyer in each edition of this newsletter.
As we all count the days before the new year, the office anticipates another
busy year. I hope everyone has a merry Christmas and happy holidays. See
you next year.
- Ben

DECEMBER 2009 | 3
PRESIDENT’S MESSAGE
Since the AGM on December 5th, when Ben and Linda
kindly reminded me that I would need to get my submission
in for the next Obiter, I have thought of, and then discarded,
various ideas. While sitting in the Toronto airport halfway
to Newfoundland for Christmas holidays, writing this piece,
I’ve been revisiting the events of the last year.
My time on the executive so far has been a great experience.
It has provided me with an opportunity to learn more about
our own legal community, and about how our profession is
governed generally. I have enjoyed working
with the executive members and look forward
to the upcoming year and the opportunities
and challenges we will face.
During this past year on the executive, we dealt
with the routine issues of the management of
our law society, and we have addressed more
serious issues as they arose. Throughout the
year it became extremely clear how much our
law society, and I’m sure every law society,
relies on its committees and volunteers. Ours
is definitely an organization that can only
survive with the participation of members who
Shirley A. Walsh
give freely of their time and expertise. As you have no
doubt seen in the weekly bulletin, we are, as in previous
years, requesting volunteers for various communities. I
encourage everyone to review the list, and sign up to help in
some way. No amount of time is too small – everyone’s
assistance contributes greatly and would be so appreciated.
As I said above, I am greatly looking forward to next year
and working with our executive, Michael Hansen, Erin
Delaney, Sheila McPherson, and Maureen Crotty-Williams;
the staff, Linda Whitford, Amy LeBlanc and Ben Russo; as
well as the various committee members and the membership
at large. We have already identified issues that we will need
to discuss and review in depth. In January 2009 we
introduced a requirement for each member to develop a
Continuing Legal Education plan and to accrue at minimum
of 12 hours of CLE per year. This program is similar to the
requirements brought in by law societies across the country,
however it needs to be further examined and decisions must
be made on how we can help our membership to meet this
requirement, and how it should be enforced. Recruitment of
new lawyers to the North, as well as retention of our
valuable members, is an ongoing challenge and we are
always seeking new ideas and opportunities to assist us in
our goals.
Other issues, which are of concern not only to our law
society but also to law societies nationally, are becoming
more and more a priority for discussion and the formulation
of a position. The Territorial Mobility
Agreement expires on December 31st at 8:30
p.m. (NL time). We must decide whether it is
best for the residents of the Northwest
Territories and the members of our law society
to return to the previous situation of no
mobility; sign on to the National Mobility
Agreement allowing permanent and temporary
mobility; or attempt to renew the existing
Territorial Mobility Agreement, allowing
permanent mobility only. Input from all
members is welcome, and in fact, necessary for
this decision to be made.
I would not be able to finish my first note without thanking
the outgoing executive members, President Karen Lajoie and
Vice President Leanne Dragon, for all of their hard work
during their time on the executive. They both undertook
their duties with great commitment and I benefited from my
time working with them.
I look forward to the new year and the work to be done. If
there are any issues of importance to any member, I
encourage you to bring them to my attention or the attention
of any member of the Executive or staff.
Happy Holidays to you all!

4 | ARCTIC OBITER
THE DIRECTOR’S CHAIR
Season’s Greetings
2009 will soon be a thing of the past. Even though I know
this is going to happen, panic always sets in for me about the
15th of the December as I contemplate what needs to be
done at the office before we close for the holidays, and at
home in preparation for the holidays. All of this
simultaneous with the darkest of days and a deep freeze that
has hit with a vengeance. But, in that, at least we are not
alone. The time for procrastination is over. If I do not want
to start the new year with a longer “to do” list
than necessary, it is time to ignore the sleep
deprivation and other distractions, focus and
strike off as many items as I can.
It has been a busy year with the following being
just some of the highlights:
The changes to the Legal Profession Act with
respect to discipline were implemented, as was
the legislation permitting Professional
Corporations.
Linda Whitford
Our rules underwent significant review and amendment and
all resolutions received approval at the Annual General
Meeting on December 5th. The draft minutes of the AGM,
the resolutions and the reports are available for your review
on the website.
Communication was a priority this year and the web site has
undergone two revisions with more fine-tuning to come.
The Arctic Obiter is now a monthly electronic publication
which is receiving positive reviews from the membership as
are the weekly e-bulletins which have replaced the myriad of
e-mails we used to send.
Membership Applications for both full and RAC continue to
hold steady and between January 1 and November 24, 2009,
the Law Society received applications for 56 Full
Memberships, 45 Restricted Appearance Certificates and
four Students‐at‐law. All but two RAC applications, which
were subsequently withdrawn, were processed and
approved.
and the discussion will continue in 2010 as we seek input on
appropriate sanctions for those persons who do not comply
with the requirement. The Trial Advocacy Program at the
end of September was a resounding success and planning for
2011 has already begun. On the off years, we are
contemplating a day long CLE program that will appeal to
all of our members.
In June the Society hosted the Court of Appeal Judges at a
Bar-B-Q at CFNA; and in September Justice Ian
Binnie (and his wife Susan) for a CLE and the
President’s Dinner; followed by the Christmas
Dinner and Dance earlier this month.
In May and October, Law Societies across
Canada met under the FLSC umbrella to discuss
issues of mutual concern and interest. While our
geographic locations and size differ, the work
and challenges of each Society are remarkably
similar as we fulfill our mandate to govern in the
public interest.
2010 will see a renewed focus on Recruitment and Retention
and Mobility. The Territorial Mobility Agreement [TMA] is
due to expire on December 31, 2011. Between now and then,
we will have to make a decision to continue on as is, sign on
to the National Mobility Agreement or go back to the way it
was before the TMA was signed. If you are interested in
participating in these deliberations, please let us know.
Volunteers are key to the Society and their participation,
time and effort is very much appreciated. If you have not
already submitted your “Volunteer Sheet”, please do so as
soon as possible so we can continue the business at hand.
With that, I will wish you all a safe, happy and healthy
holiday season. Our office will reopen on the 4th of January,
2010.
Continuing Professional Development became a requirement

DECEMBER 2009 | 5
MEMBERSHIP
SPOTLIGHT
SHIRLEY A. WALSH
Born and raised in
N e w f o u n d l a n d ,
Shirley obtained her
bachelor of commerce
degree from Memorial
University in 1999.
She then enrolled at the University of
New Brunswick for her bachelor of
laws (earning it in 2002), and returned
home to practice law.
She joined Davis LLP in Yellowknife
in 2007 and quickly immersed herself
into the legal community. As a CBA
member, she chairs the CBA-NT
Young Lawyers Section, and now sits
as the National Chair for the Law Day
2010 Committee. She was elected to
the Law Society executive in 2008, and
became president one year later.
Shirley’s practice focuses on corporate
and commercial law, providing advice
on corporate governance issues and
real estate transactions.
She also
travels throughout the Territories to
provide clients with legal advice.
Shirley is also a member of the Law
Society of Nunavut.
NEW MEMBERS
THE LAW SOCIETY WELCOMES 6 NEW
MEMBERS :
Darwin Hanna
CALLISON & HANNA
VANCOUVER, BC
Jacques-Benoit C. Roberge
DEPARTMENT OF JUSTICE, CANADA
YELLOWKNIFE, NT
Tracy N. Bock
LEGAL SERVICES BOARD
YELLOWKNIFE, NT
Jennifer C. P. Schweitzer
PUBLIC PROSECUTION SERVICE OF CANADA
CALGARY, AB
Brook Land-Murphy
WHITEHORSE, YT
Ramona Sladic
DEPARTMENT OF JUSTICE, CANADA
YELLOWKNIFE, NT
MEMBERSHIP STATS
Active Residents: 126
Active Non-Residents: 255
Inactive Members: 78
Total Membership: 459
(Restricted Members: 80)
Thank you, CIBC!
Emerald Murphy, Chair, Law Foundation of the NWT
RESPONSE FROM “YOUR TRUST ACCOUNTS AND THE LAW
FOUNDATION” (PAGE 9, ARCTIC OBITER, NOVEMBER 2009)
A day after the November issue of Arctic Obiter was
published, we received news from Mr. Doug Snodgrass,
Manager of the Canadian Imperial Bank of Commerce
(CIBC), that CIBC will now give interest of a minimum of
0.25% on trust accounts.
Mr. Snodgrass apparently went to bat after
he saw the article about trust account
interest rates in the November edition of
the Arctic Obiter.
Congratulations to Mr.
Snodgrass for persuading his employer to
change its policy on trust accounts in the
North. Scotiabank and Royal Bank should
take a leaf from Mr. Snodgrass' book.

6 | ARCTIC OBITER
ANNUAL GENERAL MEETING
Meeting draws focus on Professional Development,
Territorial Mobility and Lawyer Retention
SUMMARY
On the morning of December 5th,
members gathered at the Explorer
Hotel in Yellowknife for the 32nd
Annual General Meeting.
The
meeting was smooth and well-paced,
ending after only one hour. In a room
of about 30 attendees, the meeting
was called to order at 9:05am by
President Karen Lajoie.
First on the agenda was the
introduction of Erin Delaney and
Sheila MacPherson to the 2009 –2010
Executive Committee.
The minutes
from 2008 were then approved with
no further business addressed.
After the reports from the President,
Treasurer, Auditor, Executive Director
and Communications Coordinator,
Rules Committee Chair Sarah Kay
discussed the resolutions—a total of
four amendments to the Rules—that
were then carried with no issue.
Linda Whitford then indicated
important changes to
t h e
Janice Walsh smiles at comments made by Sarah Kay and her report on the
CPDCommittee.
C a n L I I
infrastructure in her
report. This was
followed by the reports
of the following
c o m m i t t e e s :
Admissions,
Civility
Task Force, Continuing
P r o f e s s i o n a l
Development,
Library,
Court
Discipline,
Insurance, Legal Ethics
& Practice, Recruitment
and Retention, Rules and Social.
Reports were also submitted by the
Legal Services Board and the NWT
Law Foundation.
Louis Sebert presented his report from
the Federation of Law Societies of
Canada, after which the AGM was
adjourned.
PROFESSIONAL DEVELOPMENT
Continued from the last AGM is the
implementation of mandatory
Continued
Development.
Professional
Last year,
members were required to
submit a CPD plan to
indicate their areas of
practice, what their personal
CPD goals were, and in
what ways they were able to
achieve those goals.
The
Society collected this
i n f o r m a t i o n
w i t h
membership renewals and
Leanne Dragon, Karen Lajoie and Michael Hansen listen to business from the floor.
shared it with the CPD Committee.
The information the Society received
was and is a key aid for planning and
developing future Legal Education
events relevant to members.
New this year is the CPD report,
which will be sent out with the
upcoming membership
documents.
renewal
This report will be
compared with last year’s plans to
monitor members’ developments and
areas of study. It will also help the
Society in identifying strengths and
weaknesses with the delivery of
Louis Sebert makes comments on his report on the Federation

DECEMBER 2009 | 7
Educational seminars and materials.
After presenting a jurisdictional
survey on Mandatory CPD (including
the consequences of failing to meet
the CPD requirements), Sarah Kay
informed members that the committee
is now undertaking to establish and
recommend a protocol for failing to
meet Mandatory CPD standards in
the Northwest Territories. Kay
stressed that input from the
membership over the next few
months will be a valuable asset as
t h e y p r o c e e d w i t h t h e i r
recommendations.
TERRITORIAL MOBILITY
The Territorial Mobility Agreement
(TMA) is quickly approaching its
termination on December 31, 2011.
There are two more years left on this 5
-year agreement in which the three
territories must decide and negotiate
with other jurisdictions on the limited
options at hand. Does the Law
Society of the Northwest Territories
sign on to the National Mobility
Agreement, find an alternative
solution, or simply return to pre-
NMA days?
strong pull for national
s t a n d a r d s . A l l
j u r i s d i c t i o n s a r e
expressing favour in the
d e v e l o p m e n t o f
standards under the
N a t i o n a l M o b i l i t y
Agreement. In their
sentiments, neighboring
jurisdictions emphasize
that a national standard
for governance would
instill further confidence
from the public.
Cayley Thomas paraphrases her report on the Legal Ethics and Practice Committee
Northwest Territories was also
A suggestion was made to strike a
addressed throughout the meeting.
committee to focus on a solution for to
Some suggested that a link between
the TMA and its ever-approaching
the proposed Territorial Mobility
deadline. The issue will ultimately be
Committee and the Recruitment and
a principal topic for the Executive to
Retention Committee could better
address through the next year.
both committees in their respective
LAWYER RETENTION
mandates.
The retention of lawyers in the
Louis Sebert, council member of the
Federation of Law Societies of
Canada, indicated that there is a
NOTE:
The next
Annual General Meeting
will be held on
December 4, 2010.
THE 2008 LAW SOCIETY EXECUTIVE [from Left]: Linda Whitford, Karen Lajoie, Leanne Dragon, Maureen Crotty-Williams, Shirley
Walsh and Michael Hansen.

8 | ARCTIC OBITER
PICTURE THIS
The Annual Christmas Dinner & Dance
Members and guests gathered on December 5th at the
Champagne Room, Yellowknife, following the Annual
General Meeting.

DECEMBER 2009 | 9
In the Spirit of Giving...
Members set an impressive
benchmark at this year’s Christmas
Dinner. At the request of Erin
Delaney and Kelly McLaughlin, Co-
Chairs of the Social Committee,
members and guests went above and
beyond anyone’s expectations with
donations of food and money for the
Yellowknife Food Bank.
The donations continued at the Law
Society office as well. By the end, it
took four people to deliver the boxes
of food. As well, a total of $750 was
donated on behalf of the Law Society,
the CBA-NT, former president
Karen Lajoie (in lieu of a
parting gift), and from
members of the bench and bar.
(An additional $110 was
donated to the Yellowknife
Playschool Association on
behalf of Leanne Dragon,
former vice-president.)
Thank you to everybody who
donated. It was truly a warm gesture
to provide so much to those in need.
The bar has been raised, and I
personally challenge everyone to
Erin Delaney and Janice Walsh present cheques to Dave Ritchie, Director of
the Yellowknife Food Bank
double (and triple) your efforts next
year. And remember, hunger is not
limited to the holidays. Please think
of those in need throughout the year.
Thank you.

10 | ARCTIC OBITER
NWT DECISION DIGEST
SUPREME COURT OF
THE NORTHWEST
TERRITORIES
IN ADDITION TO THE CASES REFERRED TO
BELOW, THREE CASES WERE DECIDED BY
THE SUPREME COURT OF THE NORTHWEST
TERRITORIES. THOSE CASES ARE SUBJECT
TO PUBLICATION BANS AND ARE NOT
REPORTED.
CHAMBERS
Camillus Engineering Consultants
Ltd. v. Fort Simpson (Village)
2009 NWTSC 71 (CanLII) | November 13, 2009
Presiding: Justice J. E. Richard
Counsel: W. D. Goodfellow, Q.C.
Counsel: R. A. Kasting
Counsel: D. Hagg, Q.C.
Counsel: S. M. MacPherson
Application that one of the major trial
issues is res judicata as a result of the
Court's ruling in 2004 in the
mechanics lien litigation. Application
dismissed. The earlier finding
pursuant to the Mechanics' Lien Act
did not determine the substantive
issue in the dispute, namely, the
actual value of the work done to date.
CASES REFERRED TO:
Angle v. Minister of National Revenue, [1975] 2
S.C.R. 248.
room near the accused's restaurant at
the Yellowknife airport. No previous
criminal record. Key factors in this
sentence are deterrence and
denunciation. Sentence: incarceration
of two and a half years.
CASES REFERRED TO:
R. v. Mudaliar 2007 [no citation]
R. v. Desjarlais [no citation]
R. v. Turner [2006] [N.W.T.J. No. 76]
R. v. Gosselin [no citation]
TERRITORIAL COURT
R. v. MacNearney
2009 NWTTC 17
Presiding: Chief Judge R. D. Gorin
Counsel ( Crown): D. Vaillancourt
Counsel (Defence): J. Bran
Counsel (Defence): N. Homberg
Application by defence for
adjournment of the preliminary
inquiry. Application denied. The
application was made at the eleventh
hour and was for the defence to
ensure that certain witnesses gave
evidence. The defence ought to have
subpoenaed the witnesses.
Diamond Placement v. Erasmus et al
2009 NWTTC 18 (CanLII) | November 26, 2009
Presiding: Judge B. E. Schmaltz
Plaintiff: self-represented
Defendant: no appearance
The Plaintiff sought default judgment
in six cases. The Plaintiff had loaned
money to each defendant through a
promissory note. The promissory
notes were characterized by high
interest rates, up to 689% per annum.
The learned Justice dismissed all of
the Plaintiff's claims on the basis that
the interest rates were well in excess
of 60% per annum and as such were
illegal.
SENTENCING
R. v. Baker
2009 NWTSC 75 (CanLII) | November 30, 2009
Presiding: Justice L. A. Charbonneau
Counsel (Crown): G. Boyd
Counsel (Defence): J. Stuffco
The accused pled guilty to one charge
of possession of cocaine for the
purpose of trafficking. Facts: In
return for the promise of payment of
$5,000, the accused hid 1,016 grams of
cocaine in the ceiling of the stage

DECEMBER 2009 | 11
CASE REFERRED TO:
Diamond Placement and Financial Services v. Biggs
et al (2009 NWTTC 15).
R. v. Henry Zoe
2009 NWTTC 19 (CanLII) | November 9, 2009
Presiding: Judge C. Gagnon
Counsel (Applicant, Crown): D. Vaillancourt
Counsel (Respondent): C. Wawzonek
Application by the Crown to prove
the voluntariness of a statement of the
accused and for permission to crossexamine
the accused on that
statement. Application denied.
The Crown had stated at the outset
that she would not hold a voir dire to
determine the voluntariness of a
statement given by the accused, and
that she would neither tender the
statement as part of the Crown's case,
nor use it to cross-examine the
accused. The accused took the stand
after the Crown declared its case
closed. The Crown started to crossexamine
the accused and moved to
hold a voir dire to determine the
voluntariness of the statement given
by the accused because the Crown
alleged that the accused testified in a
manner inconsistent with the prior
statement. This would be unfair
because the accused decided on the
basis of the position taken by the
Crown that he would forego his right
to remain silent.
CASES CITED:
R. v. Cote, 1985 B.C.J. No. 817
R. v. Pereira, 2008 B.C.J. 2779
R. v. Dakins, 2000 O.J. No 5338
R. v. Corbett, 1988 1 S.C.R. 670
R. v. Underwood, 1998 1 S.C.R. 77
[plus 13 others]
MATERIALS CITED:
McWilliams, P.K., Canadian Criminal Evidence, 4th
ed., Canada Law Books
Paciocco, David and Stuesser, Lee, The Law of
Evidence, 5th ed., Irwin Law 2008, at p. 452
Ratushny, E. J. Statements of an Accused: Some
Loose Strands (Part 1) 1971 - 1972 14 CLQ 306
Watt's Manual of Criminal Evidence, Thomson
Carswell, 2007
Cox's Criminal Evidence Handbook, Canad Law
Books 2009 - 2010
Mirfield, P., "The Early Jurisprudence of Judicial
Disrepute," (1987-88), 30 Crim. L.Q. 434, at pp.
444 and 452
by Mark Aitken, Director of Legislation Division, GNWT Justice
SPECIES AT RISK ACT
The Species at Risk (NWT) Act,
S.N.W.T. 2009, c. 16 comes into force
on February 1, 2010 by virtue of a
commencement order registered
December 8, 2009 as SI-009-2009.
TLICHO COMMUNITY
GOVERNMENT ACT
Four new regulations were made on
November 30, 2009: Authorized Lenders
(Tlicho Community Government)
Regulations (R-141-2009), Debt (Tlicho
Community Government) Regulations (R
-142-2009), Forms (Tlicho Community
Government) Regulations (R-143-2009),
and Investment (Tlicho Community
Government) Regulations (R-144-2009).
NWT LEGISLATIVE NEWS
WASTE REDUCTION AND
RECOVERY ACT
The Single-Use Retail Bag Regulations
were made on December 7, 2009,
requiring grocery stores - effective
January 15, 2010 - to charge a $0.25 fee
for “take away” plastic or paper
shopping bags.
WILDLIFE ACT
The following regulations were
amended on December 16, 2009, to
prohibit - effective January 1, 2010 -
almost all hunting of the Bathurst
caribou herd and to increase certain
quotas for the hunting of wood
bison: Big Game Hunting
Regulations (R-155-2009), Sale of
IT’S ALL ONLINE!
Find Certified Bills, Consolidations of
Acts, Regulations and Court Rules,
and the Northwest Territories
Gazette at the GNWT website:
http://www.justice.gov.nt.ca/
Legislation/SearchLeg&Reg.shtml
Wildlife
Regulations (R-156-2009),
Wildlife Management Barren-Ground
Caribou Areas Regulations (R-157-2009),
Wildlife Management Wood Bison Areas
Regulations (R-158-2009).
NOTE: The NWT Legislative News is not a
comprehensive report of legislative
enactments. Only items considered to be of
interest to the Bar are listed.

12 | ARCTIC OBITER
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/ADVISING/MANAGING). FOR 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.
APPEAL JUDGMENTS
CONSTITUTIONAL & LABOUR
LAW: DIVISION OF POWERS &
JURISDICTION OF BOARDS AND
TRIBUNALS
Consolidated Fastfrate Inc. v. Western Canada
Council of Teamsters (Alta C.A., July 27, 2007)
(32290)
2009 SCC 53 | November 26, 2009
A freight forwarding company whose
operations were entirely interprovincial
(even though one branch picked up and
consolidated freight within the
originating province and another
branch deconsolidated and delivered in
the receiving province) falls within
provincial, not federal jurisdiction.
CRIMINAL LAW: SEXUAL LURING
R. v. Legare (Alta. C.A., April 10, 2008) (32829)
2009 SCC 56 | December 3, 2009
The criminal law offence of sexual
luring comprises three elements: (1) an
intentional communication by
computer; (2) with a person whom the
accused knows or believes to be under
14 years of age; (3) for the specific
purpose of facilitating the commission
of a specified secondary offence - that is,
abduction or one of the sexual offences
in s. 172.1(1)(c) - with respect to that
person.
In addition, intent of the
accused is to be determined
subjectively.
CRIMINAL LAW: THE “I LOOK LIKE
HIM BUT I'M NOT HIM” DEFENCE
TO DEALING CRACK
R. v. Burke (Que. C.A., January 19, 2009) (33031)
2009 SCC 57 | December 4, 2009
A police officer arrested an accused
without a warrant and, following a
search incidental to arrest, found a bag
of crack in the accused's pocket. The
arresting officer did not investigate the
accused's claim that he was the brother
of the person sought by the arrest
warrant at the time of the arrest. At the
police station, however, the accused
was confirmed not to be the person
sought by the warrant.
The S.C.C.
upheld the Courts below that the search
was unreasonable and that the evidence
should have been excluded, such that
the accused was acquitted.
LABOUR LAW:
BUSINESS CLOSURES
Plourde v. Wal-Mart Canada Corp. (Que. C.A.,
September 14, 2007) (32342)
2009 SCC 54 | Nov. 27, 2009
A complaint to the Quebec Commission
des relations du travail requires “the
existence of an ongoing workplace”,
and there being none here (the store
having been closed by Walmart) the
necessary foundation of a complaint
under s. 15 of the Quebec Labour Code
was absent.
LABOUR LAW:
BUSINESS CLOSURES
Desbiens v. Wal-Mart Canada Corp. (Que. C.A.,
February 6, 2008) (32527)
2009 SCC 55 | November 27, 2009
Same summary as above.
LEAVES TO APPEAL
GRANTED
ADMINISTRATIVE LAW:
ARBITRATIONS
R.W.P. v. Her Majesty the Queen (B.C.C.A., June
25, 2009) (33288)
November 26, 2009
In the context of a pipeline constructed
on Alberta farmland, what can be dealt
with (including costs) in an arbitration
under the National Energy Board Act, and
what cannot.
CIVIL PROCEDURE: MAREVA
INJUCTIONS; ANTON PILLER
ORDERS; ROWBOTHAM
APPLICATIONS
A.G. B.C. v. Ripudaman Singh Malik, Raminder
Malik and Jaspreet S. Malik (B.C.C.A., May 7,
2009) (33266)
December 10, 2009
In the context of the 1985 Air India
bombing, should Mr. Malik be granted
a Rowbotham funding order, and should
the A.G.B.C. be granted a Mareva
injunction and Anton Piller order.

DECEMBER 2009 | 13
CRIMINAL LAW: AIDING &
ABETTING
R.W.P. v. Her Majesty the Queen (B.C.C.A., June
25, 2009) (33288)
November 26, 2009
There is a publication ban in this case
where the main issue is the trial judge's
instructions to with regard aiding and
abetting, and similar fact evidence.
CRIMINAL LAW: FRESH EVIDENCE
J.R.W. v. Her Majesty the Queen (Ont. C.A., April
23, 1996) (33330)
December 3, 2009
There is a publication ban in this case
where the main issue is whether fresh
evidence can be admitted in a sexual
assault case where the accused was a
residential counsellor at a centre for
adults with developmental disabilities.
EXTRADITION
Tiberiu Gavrila v. Minister of Justice of
Canada (Quebec C.A., (Montréal), June 30, 2009)
(33313)
November 27, 2009
The main issue here is whether
someone would be at risk of being
mistreated after being extradited, and if
so, should they be given refugee status
in Canada.
Eugene Meehan, Q.C., is a Litigation Partner at
Lang Michener, 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). He also
does Public Law generally. For previous
summaries, and to keep up-to-date with all SCC
appeals and leave to appeals, contact Eugene at
emeehan@langmichener.ca.
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14 | ARCTIC OBITER
NOTICES
The Supreme Court of the Northwest Territories
Court of Appeal of the Northwest Territories
SCHEDULING NOTICE
TO MEMBERS OF THE BAR
PLEASE TAKE NOTICE THAT THE NEXT SUPREME COURT
GENERAL CRIMINAL LIST WILL BE CALLED ON:
Thursday March 18 th 2010 at 14:00 hrs
NOTE:
AT YELLOWKNIFE NT
IN COURTROOM #1
1. All Counsel (Crown & Defence) with pending matters are to attend the
Calling of the List, either personally or by agent.
2. For those pending matters in which the Accused person has elected trial
by Judge and Jury, counsel (both Crown & Defence) are to advise the
presiding Judge at the time of, or prior to, the Calling of the List whether
the matter will indeed be proceeding as a contested Jury Trial and, if so,
the estimated duration of the Jury Trial.
3. For those with Summary Conviction Appeals, please be reminded of
Rule 117 of the Criminal Rules of the NWT.
NOTICE TO MEMBERS OF THE BAR
PLEASE TAKE NOTICE THAT THE LIST OF CASES PENDING
AND THE GENERAL APPEAL LIST WILL BE CALLED BY A JUDGE
IN CHAMBERS ON
Thursday March 18th, 2010 at 1500 hrs
at Yellowknife NT
IN COURTROOM #1
for the Court of Appeal Assize commencing
April 19, 2010
COUNSEL ARE REMINDED OF THE FOLLOWING NEW FILING
DEADLINES FOR APPEALS FILED AFTER MARCH 1, 2006:
CIVIL APPEALS and CRIMINAL APPEALS
a) Appeal books must be filed not later than 12 weeks from the date
on which the notice of appeal was filed.
b) Appellant’s Factums must be filed within 60 days of filing of the
appeal book or within 7 months of the notice of appeal whichever
date is earliest.
c) Respondent’s factum must be filed within 30 days of being served
the appellant’s factum.
d) Only those appeals that have been perfected as at March 18 th , 2010
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DECEMBER 2009 | 15
RESOURCES
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Make Your Staff Your Client Service
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Members from Northwest
Territories and Nunavut are
invited to call the office of the Practice
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mentors may be totally familiar with NT
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1-888-272-8839
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