The Canadian Judicial Council (CJC) is currently undertaking a review of its Ethical Principles for Judges. More information can be found here.
In response to an invitation from the CJC, CALE/ACEJ has provided some initial feedback on the substance and process of the proposed review. For those interested in reading more, here is the letter that we have sent.
Malcolm Mercer, Law Society of Ontario Treasurer and CALE Member, has a new post up on Slaw.ca that discusses the recent Law Students Society of Ontario report on the issue of debt load experienced by Ontario law students and the factors influencing the costs associated with becoming a lawyer.
The Ontario Bar Association is calling for applications for two Fellowships for 2019-20: The OBA Foundation Chief Justice of Ontario Fellowship in Research and the OBA Foundation Chief Justice of Ontario Fellowship in Legal Ethics and Professionalism Studies. Details about the two Fellowships and the application process are available here. The deadline to apply is July 2, 2019.
These Fellowships were started in 2011 by the Chief Justice of Ontario’s Advisory Committee on Professionalism. In 2013 they were assumed and continued by the OBA.
CALE member Andrew Martin has a new article up on SSRN (published in UBC Law Review).
Here is the abstract:
In Schmidt v Canada (Attorney General), the Federal Court of Appeal interpreted a series of provisions requiring the Minister of Justice to inform the House of Commons if government bills or proposed regulations are “inconsistent with” the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights. The Federal Court of Appeal, like the Federal Court below, held that these provisions are triggered only where there is no credible argument for consistency. In doing so, both Courts relied, in part, on a separation of powers argument. They stated that the Minister of Justice and Attorney General is not a legal advisor to Parliament. However, this statement was a legal error: federal legislation provides that the Attorney General is, as a matter of law, a legal advisor to Parliament.
CALE President Amy Salyzyn has a new column up at Slaw.ca on the question of whether Canadian law societies are well-positioned to address sexual harassment complaints brought against lawyers. You can check it out here.
New scholarship from CALE member Deanne Sowter now up on SSRN!
Family law is evolving towards non-adversarial dispute resolution processes. As a result, some family lawyers are representing clients who are trying to reach settlements that recognize their interests, instead of just pursuing their legal rights. By responding to the full spectrum of client needs, lawyers are required to behave differently than they do when they are representing a client in a traditional civil litigation file. They consider the emotional and financial consequences of relationship breakdown – things that are not typically within the purview of the family law lawyer. They objectively reality check with their client, and they approach interest-based negotiations in a client-centric way. These lawyers view their role as that of a non-adversarial advocate, and their client as a whole person with interests that are not just legal. This paper draws on an empirical study involving focus groups with family law lawyers, to argue that the Federation of Law Societies of Canada, Model Code of Professional Conduct, needs to be updated to incorporate non-adversarial advocacy. The lawyers in the study viewed non-adversarial advocacy as being responsive to client needs, and in the interest of the client’s children. This paper draws from the study to establish what constitutes non-adversarial advocacy and then it presents a proposal for revising Rule 5 (Advocacy) of the Model Code.
Check out a new column up at Slaw.ca authored by Noel Semple and on the topic of collegial reputation and the potential role it can play in helping clients be better informed when hiring lawyers.
In 2017 CALE created two awards: a Best Paper Award and a Lifetime Achievement Award. Nominations will be sought for these awards each year, commencing in the spring, and the awards will normally be announced at the annual meeting of members in the fall. In 2018 the selection committee determined that neither award would be made that year.
For 2019 the selection committee is Pooja Parmer, Darrel Pink and Stephen Pitel. CALE expects to call for nominations in early May 2019.
On January 31, 2019, David Layton QC will deliver the F.B. Wickwire Memorial Lecture on the topic of “Criminal Lawyers, Hired Guns & Junkyard Dogs”, looking at the ethics of being a criminal defence lawyer.
The lecture is at 4:30pm in room 105 of the Weldon Law Building at Dalhousie Unversity, Halifax. It is open to the public.
Professor Amy Salyzyn of the University of Ottawa is the new President of CALE. She succeeds Justice Alice Woolley who resigned as President last fall when she was appointed to the Alberta Court of Queen’s Bench.
At a meeting of CALE’s board of directors held by phone on January 28, 2019, changes were made to CALE’s directors and officers. These tend to only happen at the annual meeting of members, but the appointment of Justice Woolley necessitated some mid-year changes.
Justice Alice Woolley having resigned as a director, the board of directors appointed Professor Stephen Pitel (Western) as a director.
Justice Alice Woolley having resigned as President, the board of directors appointed Professor Amy Salyzyn (Ottawa) as President. This created a vacancy in the position of Vice-President, which the board of directors filled by appointing Professor Stephen Pitel (Western).
The directors also appointed Professor Jasminka Kalajdzic (Windsor) as the Conference Coordinator.