Keeping Tabs - Winter 2022

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INTERVIEW Interview of Kelly Twa - Osler, Hoskin & Harcourt LLP Compiled by Carlo di Carlo, Stockwoods LLP Q. Why did you become a litigator or advocate? A. My first substantive exposure to litigation was working on matters before the Environmental Appeal Board in my first law school summer with the Environmental Law Section of Alberta Justice and Solicitor General. I was instantly drawn to the fast pace of preparing for those appeals and the unpredictable (but fun!) nature of litigation. 16 Q. What is your year of call? A. 2020
Q. What is your greatest extravagance in your everyday life? A. Japanese knives, skincare, and oat milk in my coffee. Q. What is your favourite part about the practice? A. My favourite part about the practice, especially litigation, is being exposed to so many different forms of knowledge. Depending on the week, I could be working on a range of files involving mental health, geology, or cannabis. It is a great privilege to show up to work every day to learn something new about the world as well as the practice. Q. You recently represented TAS in the Anderson v Alberta appeal. Why was it important to you to get involved in this case? A. When I heard that a senior partner in our firm would be representing The Advocates’ Society in this appeal, I jumped at the opportunity to get involved. The Anderson v Alberta appeal was exciting to me as I was familiar with the underlying litigation and knew that this appeal would present a unique opportunity for the SCC to address its inherent jurisdiction to award advance costs and in turn promote access to justice. The decision will be significant for Indigenous communities pursuing section 35 litigation and raises questions (that I think those of us in the legal profession ought to consider) as to how our legal system can and should be used to promote reconciliation. The implications of this appeal will also be significant for all litigants bringing cases of public importance before the Court. Intervening in a matter to promote access to justice allowed me to uphold my duties as a lawyer and make an exciting first appearance at the SCC. I hope my practice will continue to be shaped by cases like this appeal. Q. What are some things that you learned about access to justice as a result of your involvement in that intervention? A. While I have always been interested in how lawyers can enhance access to justice, working on this appeal allowed me to better understand some of the substantive jurisprudence on access to justice. In Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, the SCC affirmed that there should be “some degree” of constitutional protection for access to justice, but exactly how that protection might look appears to be evolving with the context of each case where the principle arises. In the Anderson appeal, we used our role as intervener to encourage the SCC to consider (and perhaps emphasize) the constitutional dimensions of access to justice as they clarify the advance costs framework. 17
Page 1 and 2: KEEPING TABS The Advocates’ Socie
Page 3 and 4: CONTENTS 04 08 10 13 16 Chair Chat
Page 5 and 6: What will be the evolution of our p
Page 7 and 8: Click Here to Renew your TAS Member
Page 9 and 10: and drive to prioritize motherhood
Page 11 and 12: practice of law a better place? (Do
Page 13 and 14: FUN FEATURE Advice for Cousin Greg
Page 15: 2022 Courthouse Series: Taking the
Page 19 and 20: Get Involved! Interested in getting
Page 21 and 22: 3 rd Annual British Columbia Big Mi
Page 23 and 24: TAS Jolly Jamboree! November 5, 202
Page 26 and 27: Legal Careers Off Bay Street Novemb
Page 28: www.advocates.ca

Keeping Tabs - Winter 2022

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