ARCTIC OBITER

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2 | <strong>ARCTIC</strong> <strong>OBITER</strong> 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!
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