The Board of CALE/ACEJ has made the decision to move the Annual Conference that was scheduled to be hosted by the Bora Laskin Faculty of Law, Lakehead University, in Thunder Bay, Ontario, October 22-24, 2020 to a one-day virtual conference to take place Friday October 23, 2020.
Later this summer, we will circulate more information about registration and the platform that we will be using. Registration is not currently available.
Please also note that the original deadline for calls for research and teaching presentations was June 15, 2020, but we are now extending the deadline to June 30, 2020. Further details on the call for presentations and who to contact can be found here: https://ethicsincanada.com/2020/04/05/cale-2020-conference-call-for-presentation-proposals/.
CALE has two annual awards. The first is for the best paper written by an emerging scholar. The second is a lifetime achievement award. The terms for each award are available on the website (here).
The deadline for nominations this year is August 16, 2020. Nominations are to be submitted by e-mail to CALE’s Corporate Secretary and Treasurer, Professor Basil Alexander of the University of New Brunswick. The paper must be submitted in an anonymized format (so that the author will not be identified to the selection committee) and the lifetime achievement award must use the nomination form. This form was circulated to the CALE mailing list and is also available on request from Professor Alexander. Any questions about the awards or the nomination process should be directed to Professor Alexander.
The selection committee for both awards is Pooja Parmar, Darrel Pink and Stephen Pitel.
Today, CALE/ACEJ submitted feedback to the Federation of Law Societies of Canada on its proposal to add new rules to its Model Code addressing the obligations that arise from ex parte communications with tribunals and during ex parte proceedings. The letter that CALE/ACEJ sent can be found here.
In April and May, three new legal ethics blogs were posted at Slaw.ca, which may be of interest to website readers:
- “Trial by Zoom”: What Virtual Hearings Might Mean for Open Courts, Participant Privacy and the Integrity of Court Proceedings, by Amy Salyzyn, April 17, 2020
- What Is Non-Adversarial Advocacy?, by Deanne Sowter, April 24, 2020
- Getting Useful Information to Consumers of Legal Services, by Malcolm Mercer, May 8, 2020
The 2020 CALE Conference will be held October 22-24, 2020 at Lakehead University in Thunder Bay, Ontario. While we do not know what the future holds, we are proceeding on the basis that we will be able to gather in person as we have in the past.
Proposals are invited for presentations on either teaching legal ethics or research and scholarship about legal ethics and professionalism. The latter includes research relating to the regulation of the profession.
We invite anyone interested in presenting on a topic to contact us. We welcome proposals from junior scholars and from those working on legal ethics outside the academy. The eventual format of the presentations will depend on, among other things, the number of proposals we accept, but we expect that each presenter would have about 15-20 minutes plus time for questions. There is no need to have a formal paper accompanying your presentation: slides or oral remarks alone are fine. You need not have a finished product: works in progress are welcome.
One of the reasons for asking for proposals at this early stage is that we understand that for some of you it can be easier to obtain institutional funding to attend the CALE conference once you have been accepted as a speaker. We therefore aim to communicate acceptances as soon as we can so that you can leverage that acceptance to obtain funds.
For teaching, please respond to Marie-Claude Rigaud (firstname.lastname@example.org) and Andrew Flavelle Martin (email@example.com) by June 15, 2020.
For research, please respond to Basil Alexander (firstname.lastname@example.org) and Stephen Pitel (email@example.com) by June 15, 2020.
Further to the feedback that CALE/ACEJ sent to the CJC on December 20, 2020 regarding its draft Ethical Principles for Judges (EPJs), it sent an additional letter today with comments on the French draft EPJs.
New scholarship by CALE/ACEJ Board Member Pooja Parmar
“Reconciliation and Ethical Lawyering: Some Thoughts on Cultural Competence” (2019) Canadian Bar Review
This paper critically examines the turn to cultural competence as a response to the Truth and Reconciliation Commission (“TRC”) Calls to Action 27 and 28. I suggest that an uncritical embrace of cultural competence, as currently understood, is inadequate and might even prove to be counterproductive despite best intentions. While acknowledging that the focus on cultural competence is often driven by genuine commitments to reconciliation within the legal profession in Canada, I outline concerns which show that a limited and deficient conception of cultural competence is unlikely to assist lawyers in representing Indigenous clients better or change Indigenous peoples’ experience with the legal system more broadly. I suggest that the TRC Calls to Action demand a response that centres accountability, and that the legal profession must recognize Calls 27 and 28 as a unique opportunity to innovate and lead by rethinking legal education, competence, and ethical lawyering in a multi-juridical space such as Canada. I conclude with two suggestions for taking this conversation forward.
On January 31, 2020, Prime Minister Trudeau announced that the Governor General had appointed W. Brent Cotter as an independent Senator for Saskatchewan. CALE/ACEJ extends its warmest congratulations to Brent, a founding member of CALE/ACEJ who has served on its board of directors and as its Board Chair.
Prof. Cotter is one of Canada’s foremost legal ethicists. Over the course of his career, he has taught at universities across the country. He was the Dean of the College of Law at the University of Saskatchewan. His scholarship on legal ethics has been foundational to the development of the field in Canada. He is a co-author of Canada’s leading legal ethics casebook. He has been a tireless mentor to many other more junior legal ethics scholars.
The Federation of Law Societies of Canada has initiated a consultation regarding proposed Model Code amendments that address issues related to the duties related to (1) non-discrimination and harassment and (2) ex parte communications with courts and tribunals.
The proposed amendments can be found here: English, French. The consultation report can be found here: English, French.
Information can also be found on the Federation’s website.
The deadline for providing feedback is May 29, 2020.
The Board of CALE/ACEJ will review and consider providing feedback. Any feedback that we provide will be posted on our website.
Professors Amy Salyzyn and Richard Devlin (CALE/ACEJ President and Chair, respectively) have written a column that is now up at Slaw.ca which calls on the Canadian Judicial Council to adopt binding ethics rules (as opposed to just advisory guidelines) for federally-appointed judges in Canada.