CALE/ACEJ Board Member Appointed to the Superior Court of Quebec

CALE/ACEJ is proud to announce that CALE/ACEJ Board member Marie-Claude Rigaud was appointed as a Judge of the Superior Court of Quebec for the district of Montréal on May 26, 2021. An official announcement of the appointment and a brief biography of Justice Rigaud can be found here.

As a result of her appointment, Justice Rigaud will be stepping down from the CALE/ACEJ Board. We thank her for her many years of service and for all of her many important and collegial contributions to the Canadian legal ethics community. Congratulations Justice Rigaud!

Recent Legal Ethics Columns on Slaw.ca

In recent months, CALE/ACEJ members have continued to write columns on legal ethics topics at Slaw.ca.

In relation to the Law Society of Ontario’s approval of a Regulatory Sandbox for Innovative Technological Services (see, here, for more information), both Brooke MacKenzie and Amy Salyzyn wrote columns that can be found here and here.

Additionally, Deanne Sowter has written about the perils of over-identifying with a client when acting as a family law lawyer and Noel Semple has written about “the accountability gap” in our civil justice system.

Nominations Open for CALE/ACEJ Awards

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 13, 2021. 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 Brooke MacKenzie, Pooja Parmar and Stephen Pitel.

Register Now for Online Ethics Symposium

Each year in the spring, CALE/ACEJ has partnered with the CBA and the FLSC in organizing an annual Ethics Forum. Last year’s forum in Toronto was one of the very last in-person events of its kind before the pandemic. This year the forum is being held as an online symposium (in webinar format) on May 3, 2021.

The symposium features three sessions: “Systemic Discrimination and the Legal Profession: Impacts & Responsibilities” (at 11am), “Mental Health and Capacity: Lawyers’ Professional Responsibilities, Adaptability and Law Society Responses” (at 1pm) and “Technology and the Legal Profession: Ethical Issues and Regulatory Responses” (at 2:45pm). Attendees can register for one, two or all three of the sessions.

Many of the presenters are CALE/ACEJ members. Register now (link is here) to hear from (and support) your colleagues.

Call for Presentation Proposals: 2021 CALE Annual Conference

The next annual CALE Conference will be held October 22-23, 2021, hosted by Lakehead University, Thunder Bay, Ontario. See the announcement here.

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 (marie-claude.rigaud@umontreal.ca) and Andrew Flavelle Martin (andrew.martin@dal.ca) by June 15, 2021.

For research, please respond to Basil Alexander (basil.alexander@unb.ca) and Stephen Pitel (spitel@uwo.ca) by June 15, 2021.

CALE/ACEJ Annual Conference

The Bora Laskin Faculty of Law at Lakehead University is looking forward to hosting the CALE/ACEJ Annual Conference on October 22-23, 2021.

Please hold the date and promote the conference in your networks, encouraging participation and of course submissions in response to the upcoming calls for papers.  

The conference will take place either entirely virtually or in a hybrid format, conditions permitting. Details about the format of the conference, travel advice and hotel information (again, conditions permitting) will be posted the summer.

Recent Legal Ethics Columns on Slaw.ca

In December and January, four legal ethics columns were posted on Slaw.ca that may be of interest to website readers:

  1. Why Do We Regulate Lawyers? by Brooke MacKenzie (January 14, 2021): Exploring the fundamental purposes of lawyer regulation and “suggest[ing] that both regulators and their critics sometimes lose sight of the “why” of lawyer regulation when caught up in the details of how to regulate legal services and their providers”
  2. Is It Time to Regulate Collaborate Practice? by Deanne Sowter (January 6, 2021): Considering whether collaborative practice in family law should be regulated.
  3. A Taxonomy for Lawyer Technological Competence by Amy Salyzyn (December 18, 2020): Outlining a six part taxonomy for thinking about technologically competent lawyering.
  4. If You See Something, Say Nothing: Why Lawyers Don’t Report to the Law Society by Noel Semple (December 2, 2020): Exploring why lawyers do not report misconduct and canvassing possible solutions.

New Book on Comparative Judicial Discipline Published

Co-editors Richard Devlin and Sheila Wildeman, both of the Schulich School of Law, Dalhousie University, have published the first comprehensive comparative analysis of judicial discipline. Disciplining Judges: Contemporary Challenges and Controversies is now available from Edward Elgar Publishing.

From the publisher’s site (here): “The jurisdictions examined are Australia, Canada, China, Croatia, England and Wales, India, Italy, Japan, the Netherlands, Nigeria, Poland, South Africa, and the United States. The core findings are four-fold. First, the norms and practices of each discipline regime differ in ways that reflect distinct social, political, and cultural contexts. Second, some jurisdictions are doing better than others in responding to challenges of designing a nuanced and normatively defensible regime. Third, no jurisdiction has yet managed to construct a regime that can be said to adequately promote public confidence. Finally, important lessons can be learned through analysis of, and critically constructive engagement with, other jurisdictions.”

Judicial ethics has become an important area of concentration within the field of legal ethics. CALE/ACEJ in its institutional capacity and several of its members are active in that area. The links between judicial ethics and judicial discipline make this book a valuable contribution to the ongoing scholarship about judicial ethics.

Malcolm Mercer becomes new Chair of Ontario’s Law Society Tribunal

CALE/ACEJ is pleased to report that Malcolm Mercer, a long-time member and supporter of CALE/ACEJ and a former Treasurer of the Law Society of Ontario, has been appointed Chair of the Law Society Tribunal. Malcolm’s background and experience make him an ideal fit for this role. He replaces David Wright, the first full-time Chair of the Tribunal, who held the position since 2013.

The Law Society Tribunal is an independent adjudicative tribunal within the Law Society of Ontario. The Tribunal processes, hears and decides regulatory cases about Ontario lawyers and paralegals in a manner that is fair, just and in the public interest. It is divided into a Hearing Division and an Appeal Division.

The notice from the Law Society of Ontario is available here.