INFORUM

November 23, 2015 InForum Issue

Society news
The biggest driver of change across the country seems to be a collective acknowledgement of just how antiquated, and ineffective, the existing regulatory system is. (Entity Regulation cover storyCanadian Lawyer, October 5, 2015)

The Nova Scotia Barristers’ Society has moved to regulating in a way that is proactive, principled and proportionate. This ‘Triple P’ approach translates to the Society starting to engage with lawyers to minimize the need to regulate in a prescriptive way.

Triple P is part of the larger Transforming Regulation initiative that will continue to evolve over the next several years in response to current trends and issues facing legal practice in Nova Scotia.

As part of a more proactive regulatory approach, the Society wants to ensure that lawyers have all the best practice processes and infrastructure they need to succeed and assist their clients.

Based on prior research and focus groups, the Society has drafted a Self-Assessment Tool that will evaluate a firm or legal department’s current system for running a law practice against a benchmark – the Management System for Ethical Legal Practice (MSELP). Council believes the (current) 10 elements of MSELP will help firms create an ethical infrastructure to enhance quality of service and decision making.

When looking at the draft Self-Assessment Tool, lawyers should note that other approaches to this instrument have been considered. Our Legal Services Regulation Solo and Small Firm Working Group developed a format with the same content that incorporates a ‘checklist’ approach. 

The Society is requesting your feedback by January 31, 2016 on the tool’s appropriateness to your practice. We are particularly interested during this consultation phase in receiving feedback on:

  • the examples and indicators, and whether these should be expanded or contracted based on the size and type of firm or legal entity; and
  • the two different formats as approaches to making the assessment.

Any help on how to expand our tools and resources is also appreciated.

The draft Self-Assessment Tool is available to view with a free-form comment box where we seek your input. The scoring of 1-5 is for illustration purposes only (i.e., the survey does not accept a ranking). Our focus is on your comments in the box at the end of each of the 10 elements.

The scoring of 1-5 is for illustration purposes only (i.e., the survey does not accept a ranking). Our focus is on your comments in the box at the end of each of the 10 elements.

It will be your choice whether you provide your personal information or prefer to remain anonymous.

Both formats are also available to print out in a PDF version:
If you have any questions, please contact Susanne Willett, Project Manager, at swillett@nsbs.org.

Council has now developed a framework for the scope of the Society's regulatory approach in the future.

Recognizing that legal services are and can be delivered by both lawyers and others, the policies – approved on November 20 – identify the ‘what’ of legal services regulation. The Society will focus on the regulation of lawyers with a goal of public protection. Further information will unfold as details are‎ developed on each policy. 

Find the new policy framework online. 

The Society Record, Fall 2015The Fall 2015 edition of the Society Record is now available online
The new issue puts the spotlight on restorative justice in Nova Scotia.  

See the new edition for these articles and more:

 

  • The President’s View, a column by President Jill Perry;
  • Introducing restorative justice in Nova Scotia (by Professor Jennifer J. Llewellyn);  
  • Nova Scotia Legal Aid: Restoring justice through innovation (Karen Hudson QC);
  • Reflections on Dalhousie’s Facebook incident 2014-15 (Karen Crombie);   
  • Nova Scotia’s Restorative Approach in Schools Project (Richard Derible);
  • A restorative adjudication process shows promise (Lisa Teryl);   
  • Family Group Conference: Mi’kmaq perspective (Kristen Basque);          
  • Journey to light: Restorative inquiry an innovative approach to examine past abuses at the Nova Scotia Home for Colored Children; 
  • An overview of restorative justice groups across Nova Scotia;
  • Volunteer Profile: The Seventh Step Society of Nova Scotia;   
  • Indigenous land issues inspire winning Race and the Law essay;    
  • Law firm diversity dialogue;   
  • Update on #TalkJustice;
  • LIANS RPM Tips: Professional standards – a principled, proactive and proportionate approach to good legal practice; and
  • Summation: Restorative justice offers a different understanding of what justice can mean in Nova Scotia (Danny Graham QC)   

The Spring 2016 edition of the magazine will be published in April. The deadline for advertising and content is March 4, 2016. For more details, see the ratecard & submission guidelines.

Legal briefs and documents relating to the Trinity Western University matter are available on the Society’s website, once they are filed with the Nova Scotia Court of Appeal.

Find them on the TWU public input page. The appeal is scheduled to be heard on April 6, 7 and 8.

Council
A significant amount of business was discussed and decided at Council's meeting on Friday, November 20. For a summary and details, please see the Council Highlights and Documents, available on the Council materials page of the Society's website.
 
The next meeting of Council is scheduled for Friday, January 22, 2016 at the Society’s offices at 9:00 am. 
Professional Responsibility

The mandate of the Nova Scotia Barristers’ Society is to uphold and protect the public interest in the practice of law. Lawyers in Canada are extended the privilege of self-regulation and for this privilege, we owe a duty of vigilance in regulating our profession to support high quality client service and ethical behaviour. 

The Professional Responsibility department investigates complaints of conduct unbecoming, incompetence, professional misconduct or incapacity with respect to a lawyer’s practice of law. The majority of these complaints are resolved or dismissed. In some cases, however, these investigations can potentially lead to serious consequences for members, and the Society urges all members who are the subject of a complaint that may be referred to the Complaints Investigation Committee to retain their own counsel to provide guidance and advice at as early a stage as possible. 

The Nova Scotia Barristers’ Society is seeking members to act on a reduced fee or pro bono basis for members of the Society involved in the disciplinary process. A list of members willing to provide this service is maintained by the Society so members under investigation may retain counsel on a pro bono or reduced fee basis to advise and represent them through one or more stages of the investigations and discipline process. This service has been in place since January 2011 and has been very well utilized, providing critical support to members and to the discipline process overall.

The Society does not screen or recommend counsel on the list nor become involved in any fee arrangements. It is up to the member consulted from the list and the member seeking representation to determine whether to enter into a solicitor-client relationship. It is expected that the members who have agreed to be included on the list will provide an initial consultation and advice on a pro bono or reduced fee basis. Any further representation and the basis on which such representation will be provided is a matter to be agreed upon between the parties and the Society will not be involved.  

If you are a lawyer with relevant experience, particularly in administrative law, criminal law or civil litigation and are willing and able to provide this service to other members of the Society, please submit a letter setting out your willingness to act for members of the Society on a pro bono or reduced fee basis.

The above information should be submitted to:

Elaine Cumming
Professional Responsibility Counsel
Nova Scotia Barristers’ Society
800-2000 Barrington Street        
Halifax, NS   B3J 3K1
(902) 422 1491 (tel)
(902) 429 4869 (fax)
ecumming@nsbs.org

Credentials

This feature is available in every edition of InForum, for timely updates on changes of category.

The following former member received a judicial appointment on Nov. 10, 2015:

  • The Honourable E. Anne Marie MacInnes is now a Judge of the Nova Scotia Provincial and Family Courts.

The following member has changed to the Practising Lawyer category:

  • David Nelson Muise QC

The Society welcomes the following new articled clerk:

  • Giancarla Francis
Professional development

The Society is pleased to announce a comprehensive new online resource portal: Developing an equity strategy in your legal workplace. Find it on the Society’s website under Equity & access, in the Resources for lawyers & law students.

​The resources in this portal provide lawyers and legal services organizations with guidance on employment equity and cultural competence. They include introductory resources, model policies, educational cultural competence videos, toolkits and more. A reference library offers notable Canadian cases, key legislation, Barristers’ Library resources, and foundational documents on equity and diversity in the Canadian and Nova Scotian legal services sector.

Nova Scotia’s diversity is increasingly reflected in its legal profession. With this comes the expectation that lawyers are able to communicate effectively with diverse clients and competently manage a diverse workplace. In preparation for the Society's new legal services regulation framework, the portal provides advice to legal entities looking to meet their obligations under Regulatory Objective #5: 

Promote diversity, inclusion, substantive equality and freedom from discrimination in the delivery of legal services and the justice system.

New cultural competence video series 
The Equity & Access Office has received increasing demand for cultural competence instruction, particularly from lawyers who live beyond HRM. A growing collection of short videos on the new portal (eight thus far) will cover a wide range of cultural competence topics, both general ("Fundamentals for becoming culturally competent") and specific ("Equalizing the playing field for persons with disabilities").

It's important to note, the portal also aims to address the Truth and Reconciliation Commission of Canada's "Call to Action #27," which calls upon the Federation of Law Societies of Canada and all provincial law societies to "ensure that lawyers receive appropriate cultural competency training, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.”

The new resource portal is a collaboration between the Society's Equity & Access Office and Library & Information Services.

 

The mandatory CPD Requirement for practising lawyers in Nova Scotia is evolving into a more effective regulatory tool for ensuring ongoing professional development.

On November 20, 2015, Council updated the NSBS CPD Requirement by approving amendments to section 8.3 of the Regulations under the Legal Profession Act. Starting in June 2016, all practising lawyers will be required to create and implement an annual professional development plan. They will report on this in their Annual Lawyer Reports and will also be expected to maintain copies of their plans and implementation records for a five-year period.

Lawyers will still be encouraged to maintain a minimum baseline of 12 hours of CPD activity each year, plus 50 hours of self-study. Rather than reporting on their educational activities after the fact, as in the past, they will instead be expected to prepare and keep their annual CPD plans as well as verification that they implemented the plans. 

The Society’s online CPD Log will remain operational until May 2016 but there is no longer a requirement for lawyers to record and report their CPD hours to the Society, except in cases where requested. This does not mean the Society has abandoned mandatory CPD; lawyers are still expected to participate in professional development.

"The point is not to be so prescriptive but to encourage lawyers to continue their education and do it in a way that is relevant to their practice," says Jacqueline Mullenger, Director, Education & Credentials. 

It’s a much more purposive approach, which will be unique to each individual and their own area of legal practice. It’s also in keeping with the Society’s new Triple P’ risk-based approach to regulation of the profession in the public interest – proactive, principled and proportionate.

Please note: The NSBS CPD Requirement area of the website will be enhanced in future with more tools and resources to assist lawyers in creating annual CPD plans.

Review process 
In July 2014, Council requested a comprehensive review of the CPD Requirement through the lens of the Society’s Strategic Framework – and the transforming regulation priority, in particular. Following the review, Council approved its recommendations in principle this past May, then approved more detailed recommendations in November.  

For more background on the review process behind these changes, see the MCPD Review Report (April 16, 2015) and the MCPD Options memo to Council (May 13, 2015).

Questions? 
If you have any questions, please email us at CPD@nsbs.org or leave a message on our CPD line at (902) 422 1491 ext 371. Someone will respond to your query within five business days.

ACCOUNTING

  • LEGAL ACCOUNTING / Asselin, Jacquline; Dunkley, Sophia — Toronto: Emond, 2016. [K 658.A7 A844 2016]

ENVIRONMENTAL LAW

  • ENVIRONMENTAL LAW AND POLICY IN THE CANADIAN CONTEXT / Greenbaum, Allan; Wellington, Alex — Concord, Ont. Captus Press, 2010. [KB 79 .E2 G795 2010]

IMMIGRATION LAW

  • CANADIAN IMMIGRATION AND REFUGEE LAW FOR LEGAL PROFESSIONALS / Fournier-Ruggles, Lynn — 3d ed. — Toronto: Emond, 2016. [KB 24 .E57 F778 2016]

MEDIATION

  • MAKING A DEAL: THE ART OF NEGOTIATING / Teplitsky, Martin — 2d ed. — Toronto: Lancaster House, 2015. [KB 125 .A7 T314 2015]

NON-PROFIT ORGANIZATIONS

  • CHARITIES LEGISLATION AND COMMENTARY: 2016 EDITION / Carter, Terrance S; Hoffstein, Maria Elena; Parachin, Adam — Toronto: LexisNexis Canada, 2015. [KB 110 H698 2015]

NUISANCES

  • THE LAW OF NUISANCE IN CANADA / Pun, Gregory S; Hall, Margaret Isabel; Knapp, Ian M — 2d ed. — Markham, Ont. LexisNexis Canada, 2015. [KB 182 .N9 P984 2015]

QUALITY CONTROL

  • THE CHECKLIST MANIFESTO: HOW TO GET THINGS RIGHT / Gawande, Atul — New York: Picador, 2010. [KB 267 G284 2010]
Access to Justice

The LISNS Public Navigator Project has been recognized by the Canadian Forum on Civil Justice, for innovation in access to justice.

Following the Innovation and Access to Justice Conference in Montreal in October, LISNS and MyLawBC were recognized for having looked to inspiration outside of Canada and successfully integrating it into their respective provinces. 

An overview of innovations shared at the conference are found here, on the CFCJ’s Access to Justice blog: http://cfcj-fcjc.org/a2jblog/integrating-innovation-from-other-jurisdictions-thoughts-from-the-innovation-and-access-to.

LISNS (the Legal Information Society of Nova Scotia) is in the process of building a self-rep support resource, stemming from a need expressed by the regional justice centres when LISNS conducted its cross-province consultation last year. LISNS has just released the prototype documents developed for the project, in response to significant demand; these are found on the LISNS website at www.legalinfo.org/public-navigator/representing-yourself.html.  

The LISNS Public Navigator Project is based on a pilot underway in New York, with non-legal volunteers providing support to self-reps through the provision of legal information on resources and options at an early stage of conflicts. This project has the support of the Honourable Chief Justice Michael MacDonald, Chief Justice of Nova Scotia, and the justices of the Nova Scotia Supreme Court General Division.

A pilot launched in Bridgewater this fall with a plan to evaluate the experience before rolling it out across the province in 2016. LISNS also anticipates expanding it to support self-reps at Small Claims Court.

Tips from LIANS

Does your client really understand what you are saying? Are you using technical legal jargon or legalese?

If your clients do not understand the process, the risks or the costs involved in their matter, they are unlikely to be happy at the end of the process and that can lead to a claim.

Avoid claims arising from communication issues by ensuring you use plain language; by following up a conversation with an email or a letter; and, by simply asking your clients if they understand.

Remember, happy clients are less likely to file a claim against you.

If you have any questions on these or any other risk- or practice-related matters, do not hesitate to contact Stacey Gerrard, LIANS Counsel with the Risk and Practice Management Program, at sgerrard@lians.ca or call 902 423 1300 ext. 345.

The following email purportedly from “Vernon Price” of Lawrence Marine & Dredging requests representation in a business transaction:

From: Vernon Price pricevernoveec @ gmail. com
Date: Nov 10, 2015 at 12:23 AM
Subject: Legal Rep

To:

Sir,

I run a Canada based private Marine Construction firm and we need an attorney to assist us in drafting a purchase and Sales agreement with a buyer in your area . Are you able to take this matter? If not, a referral will be appreciated

Regards,
Vernon Price.

This has been confirmed as a scam attempt – any communication from these individuals may be simply dismissed. The goal of this scam is to dupe lawyers into wiring funds from their trust accounts after having received and deposited a bogus purchaser payment cheque.

Be vigilant with every request for services that you receive. Fraudulent requests for services can be made by email, paper mail and courier, as well as individuals who arrive in person to retain you and use your trust account to receive and disburse funds. Be cautious with all cheques received, especially if they exceed an agreed upon amount.

Visit our Fraud section to read more on current reported scams and how to avoid them. Remember that you must always confirm a prospective client’s identification in accordance with the Client ID Regulations of the Nova Scotia Barristers’ Society.

If you decide to proceed with a transaction, be sure to go to the bank website to verify branch transit number, address and phone number on the cheque. Wait until the bank confirms that the funds are legitimate and are safe to withdraw from the deposit. Where possible, use the Large Value Transfer System (LVTS), an electronic funds transfer system that allows large payments to be exchanged securely and immediately.

For tips to avoid being victimized, read a list of "Red Flags”, and visit the Fraud section on lians.ca. To report or seek advice on dealing with fraud and scam attempts, contact Cynthia Nield at cnield@lians.ca or 902 423 1300, x346.

The following is an article excerpt from Homewood Health™, your health and wellness provider.

One of the challenges we face as parents is coaching our children to make smart choices and good decisions concerning drugs and alcohol. We want them to exercise discernment and to keep themselves safe and healthy. And yet once our children pass a very young age (probably somewhere in their first or second year), we no longer exercise control over their behaviours and can only hope to influence them. The more they grow up, the more this is true.

It is hard for many of us to accept that our children encounter situations and risks that put them in the path of danger – and that we cannot always be there to pull them out of the way. When the risk they are exposed to is related to the use of drugs and alcohol, we can find ourselves overwhelmed – not knowing how to be helpful, what to say or how best to be heard by our ever-so-cool but ever-so-vulnerable pre-teens and adolescents.

There isn't one definitive answer to this dilemma, but the following tips can be helpful in guiding you to find your way through this part of parenting:

Start early. Teaching our children the value of good health and how to care for themselves respectfully begins from day one.

Starting with the way we bathe our babies, through to the steps we take to ensure our toddlers don't have access to toxic or poisonous household items, we give our children the message their well-being is important. When they are gradeschoolers, we encourage our kids to understand the value of good nutrition and to make a connection between their food choices and their health and energy levels. We teach them traffic rules so that they can ride their bikes safely. These parental behaviours set the stage for later discussions about drugs and alcohol.

General conversations with our children about the negative impacts of drug use (referencing tobacco, alcohol, street drugs and over-the-counter drugs such as cold remedies, Tylenol, etc.) should occur before they reach 10 years of age. Typically, these conversations will originate from everyday incidents (such as when Grandma goes out to the porch to smoke a cigarette or Dad reaches for a beer after a tough day at work), and the focus of the conversation will be on the negative impact of putting certain chemicals into their bodies and the potential harm they expose themselves to.

Listen and coach – don't lecture. Since most of our children will first encounter peers who are using tobacco, alcohol or street drugs somewhere between Grades 6 to 9, having an open and honest conversation about the risks entailed in substance abuse needs to take place by age 10 or 11. In this conversation, it is more important to listen and ask questions rather than providing too much information. Asking questions such as, "Are there kids in your school who use drugs?", "What do you think about this behaviour?" or "What do you observe about these kids?" is likely to take you further than if you provide a lecture on the dangers associated with illegal drug use. Your goal is to open the door for discussing your child's strategies for decision making and keeping safe – not to shut down communication by delivering an emotional lecture about drug-using youth. Keep yourself informed and share realistic information with your children about the risks of using drugs and alcohol.

Providing sensational information about the danger of "the evil weed" is only likely to undermine your credibility as a source of information. Most of us don't have to look too far to find examples of the high costs individuals and families pay for substance abuse – draw on these examples to illustrate your concerns to your child.

Most kids report they drink and use drugs to feel good, forget about their problems and/or to fit in socially. By listening well, you stay connected with how your kids are doing and if they may be feeling socially or emotionally isolated. Encouraging them to choose healthy and positive outlets to meet their social and recreational needs can help to lessen their vulnerability to substance abuse. If they do run into trouble, seek help to address problems quickly to minimize the potential for further harm.

Set clear, appropriate and enforceable limits. Contrary to popular belief, parents do have a great deal of influence over their children's behaviour. Let your children know what you expect regarding their use of drugs and alcohol – basing your expectations on the child's age and demonstrated trustworthiness, and your own values and practices. An expectation of total abstinence from all illegal substances and legal substances until the age of majority is a reasonable limit to set and not, as your teenager may try to tell you, a sign of early dementia! It is important that you consider your own habits and behaviours when you are setting limits – are you modelling the behaviour you expect to see in your children? Are you setting a double standard for yourself and your children? If so, you can expect to see push back!

Consider the following guidelines for setting limits:

  • they need to be reasonable;
  • they should be discussed and agreed to in advance;
  • they must be understood by everyone;
  • they are simple to follow; and
  • they are consistently applied.

When the limits you set are challenged (and you can anticipate they will be!) they need to be followed by natural and logical consequences, which escalate appropriately if the misbehaviour persists. Because it is natural for children to test limits, it is wise to set limits that ensure the punishment will fit the crime. For instance, if you have told your 14-year-old that you expect him to let you know where he will be and who he is with, and you find out that he's misrepresented the truth (saying he is at a sleepover when in fact it turns out he was at a field party consuming alcohol) – the next time he arranges a sleepover, he needs to be aware that you will call to confirm this plan with his friend’s parents. Letting him know his attendance at another field party means he will forfeit his drum lessons (or some other privilege) will hopefully encourage him to make better choices in the future. You then have to follow through with these consequences in a consistent and calm manner – to have positive influence on your child's negative behaviour.

If you are still concerned about how to speak to your child about drugs and alcohol, or if your own history and experience with substance use leaves you uncertain of where to start, help is available. Contact your family doctor or EAP to get hands on support. Your library can provide you with resources in the form of books, CDs and local resources. Your community may be able to offer either specialized counselling resources for substance abuse, or Alcoholics Anonymous or Al-Anon Family Groups where you may find assistance.

Like every other parent, you are doing your best to raise your children to make good decisions, including smart choices about substance use. You don't have control over their behaviour, and it’s true that societal and peer influences can present a challenge. But don't underestimate your ability to shape your children's behaviour by modelling the values you want them to hold, and by reinforcing your kids every time you catch them "doing it right"! The next time you see your child exercising a choice in favour of his or her own good health – celebrate it! This is the flip side of talking about drugs and alcohol.

For more information and support with kids and drugs or alcohol, along with resources and counselling to improve your health and wellness, visit the NSLAP website at www.nslap.ca. Please note that NSLAP is your “company” name when you register. When you call the LAP number at 1 866 299 1299, your call will be answered any time, day or night, 365 days per year.

Read the November 2015 issue of LIANSwers at http://www.lians.ca/news-category/lianswers. Note: If the link doesn’t work, simply copy and paste it into your web browser.

In this edition …

  • Reduced paper can also mean reduced risk
  • DOJ guidebook for the new Limitation of Actions Act
  • Receive CanLII decisions and legislation updates automatically  
  • Join the LIANS network on social media
  • Allegations of ineffective trial counsel and the importance of documenting your files
  • Claim status: AVERTED
  • Adapting to change
  • Calling all mentors! 
Courts

Two appointments have been made to the Nova Scotia Provincial and Family Courts by the Honourable Diana Whalen, Attorney General and Justice Minister.

The Hon. Judge S. Raymond Morse has been appointed as Associate Chief Judge of the Nova Scotia Family Court for a five-year term and the Hon. E. Ann Marie MacInnes has been appointed as a Judge of the Nova Scotia Provincial and Family Courts.

"The Honourable Judge Morse has demonstrated he has the experience and skill to fill this important role in our justice system," said Minister Whalen in her November 10 announcement. "The Honourable Judge MacInnes is highly respected by her peers and brings extensive experience in legal aid, which gives me great confidence she will serve Nova Scotians well."

Associate Chief Judge Morse has presided in the Nova Scotia Family and Provincial Courts since 2011, and will continue to preside in the Family Court in Amherst and Truro during his tenure as Associate Chief. He came to the Bench after 33 years in private practice from the law firm of Patterson Law in Truro, where he was a Partner. For more details about his recent appointment, see this notice on the Courts of Nova Scotia website. 

Judge MacInnes has worked with Nova Scotia Legal Aid and the Public Prosecution Service and has served as President of the Cape Breton Barristers' Society. She was called to the Bar in Nova Scotia in 1991. She served on a number of Nova Scotia Barristers' Society committees including the Criminal Law Practice Standards Committee, Complaints Investigation Committee, Racial Equity Committee, Gender Equity Committee, Provincial Court Liaison Committee and others. Her extensive community work has included serving as a volunteer for many charities and organizations including United Way of Cape Breton, the Youth Homeless Shelter, the Cape Breton Family Place Resource Centre, the Elizabeth Fry Society of Cape Breton, the John Howard Society, St. Joseph's Church Parish Council, the Boy Scouts of Canada, Loaves and Fishes, and the Canadian Cancer Society.
 
A robing ceremony will be held for Judge MacInnes at the courthouse in Sydney (136 Charlotte St.) on Friday, December 18 at 12:00 noon. The public is invited. For more details about her appointment, see this notice on the Courts of Nova Scotia website. 

For more information on Nova Scotia courts, visit www.courts.ns.ca.

 

Province

The Voice of the Child Report Guidelines represent an important advancement in access to justice for children. Hearing from children to determine their best interests is recognized in legislation, child’s rights conventions and case law. However, guidance in the approaches by which to hear from children has been less clear.

The guidelines create parameters to inform the use of Voice of the Child Reports as a means to hear from children and when ordered, to promote consistent, reliable and sound practice for assessors when developing these reports. This should increase the likelihood of children feeling that they have been heard in the court process. The guidelines could also lead to an improved child-focus in litigation, more agreement and less conflict, all of which should benefit families and children in their familial relationships. 

The Nova Scotia Department of Justice, in partnership with the Department of Justice Canada, has developed Voice of the Child Report Guidelines and related materials. Such guidelines previously did not exist in Nova Scotia or in Canada and their creation provides novel direction and instruction in this area. These guidelines operate in addition to codes of conduct and ethics and standards of practice for lawyers, social workers and psychologists.

An Expert Advisory Committee comprised of the following members of the judiciary, senior family lawyers, mental health professionals (assessment specialists) and senior court staff from across the province created these materials:

  • Justice Elizabeth Van den Eynden, Nova Scotia Court of Appeal, Halifax
  • Justice Carole Beaton, Supreme Court of Nova Scotia (Family Division), Halifax
  • Judge Raymond Morse, Family Court, Amherst
  • Pamela Marche, Director, Court Services, Sydney
  • Heather Power, Psychologist, Association of Psychologists of Nova Scotia, Halifax
  • Wendy Green, Social Worker, Bedford
  • Debra Reimer, Social Worker, Nova Scotia Association of Social Workers, Canning
  • Pamela Morrison, Court Officer and Social Worker, Family Court, Pictou
  • Lynn Connors QC, Lawyer, Kentville
  • Linda Tippett-Leary, Lawyer, Halifax
  • James Leiper, Lawyer, Department of Justice, Halifax
  • Christine Carter, Project Lead, Court Services, Halifax

The guidelines will assist lawyers and assessors with all aspects of requesting, ordering, referring, preparing and presenting Voice of the Child Reports. The appendices portion of the guidelines contain several practice standard documents:

A contains draft court order templates:

  • A1 – A  suggested template for a standard Voice of the Child Report Order,
  • A2  – A template for a Parenting Proposal Form, which may be required by the Voice of the Child Report Order,
  • A3 – An Order for Costs and Fees of Voice of the Child Report, and

B is a Voice of the Child Report Preparation Framework.

Subject to judicial direction, the Voice of the Child Report Order may be used as a precedent for preparing orders for voice of the child reports and reflects the standards of practice set out in the guidelines. Where a judge orders, parties may be required to complete a Parenting Proposal Form. The purpose of this form is to provide the assessor with a brief description of the competing parenting proposals, for example, where Parenting Statements are unclear or parties’ positions on parenting plans have changed.

The Voice of the Child Report Order may be combined with, or stand-alone from, an Order for Costs and Fees of Voice of the Child Report where directed by a judge. This precedent may be used to:

  • confirm the details of the parties’ financial obligations to contribute to the cost of the report (sliding scale deposit and percentage of final fees),
  • set out the parties’ obligations to provide financial information to the court (where an order does not set the parties’ incomes), and
  • confirm the court officer’s ability to set party incomes for the purpose of determining the parties’ financial obligations to contribute to the costs of the report.  

Appendix B contains A Voice of the Child Report Preparation Framework, which was developed for use by assessors with a view to improving and standardizing the practice of report writing for these specialized reports. The judge may order that this template be used by assessors as part of the Voice of the Child Report Order.

To complement the Voice of the Child Report Guidelines, the Advisory Committee has also prepared two Frequently Asked Questions (FAQ) publications for adult litigants – one to explain the Voice of the Child Report process and the other to assist litigants (and the children involved) to prepare for the process. These plain language documents are expected to significantly improve adult litigants’ understanding of the process and how to prepare themselves and the children for it in an appropriate manner.

Please see the nsfamilylaw.ca website at http://www.nsfamilylaw.ca/other/assessments-voice-child-reports/voice-child-reports.

For more information, contact the Project Lead:

Christine Carter, B.A., LL.B.
Coordinator, Policy and Compliance
Department of Justice, Court Services
PO Box 7, Halifax, NS   B3J 2L6
Telephone: 902 424 3898  
Fax: 902 424 7596  
Email: Christine.Carter@novascotia.ca

The process for Nova Scotians dealing with child and spousal support orders between provinces and territories will be clarified with changes to the Interjurisdictional Support Orders Act introduced on November 17.

"We want to ensure there is no additional burden on Nova Scotians dealing with child and spousal support orders," said Diana Whalen, Attorney General and Justice Minister. "This amendment prevents an unnecessary notification requirement that would delay processing times and increase cost."

Today's changes formalize a practice already in place and brings Nova Scotia in line with other provinces and territories. The existing legislation does not include a provision on whether there is a requirement to give notice of a hearing.

The new act will clarify that it is not necessary to provide notice to an applicant outside of Nova Scotia. Providing notice takes time and money and is unnecessary because the applicant initiated the process and already has the information.

The act ensures interjurisdictional support orders are established and enforced efficiently and effectively so that children and families receive appropriate financial support. Last year, Nova Scotia courts dealt with about 50 applications.

New grants are available to community groups and organizations with innovative ideas on how to prevent sexual violence.

The Prevention Innovation Grants are divided into two streams: up to $5,000 and up to $50,000. They are a commitment under government's Sexual Violence Strategy. $600,000 of these new, one-time grants will be made available this year and next, for a total investment of $1.2 million.

"We remain steadfast in our commitment to enhance supports and services for victims and survivors of sexual violence, as well as preventing this type of violence from happening in the first place," said Joanne Bernard, Minister of Community Services. "I'm so pleased to launch the Prevention Innovation Grants, which I know will help spur new and creative solutions to this issue throughout the province. I am especially excited to see what the youth in Nova Scotia put forward."

The grants will support community groups and organizations, including youth and underserved populations such as African Nova Scotians, First Nations, and the LGBTQ community, reach out to their peers, and help put creative prevention initiatives into practice.

"No one wants to be a victim or perpetrator of sexual violence-yet sexual violence is so prevalent in our society," said Julie Veinot, executive director of the Lunenburg County Sexual Health Centre. "That means we must work to prevent this insidious form of violence, not only for us, but for all the children coming behind us who deserve to see sexuality as a positive aspect of life."

Application forms are available for download at novascotia.ca/coms/svs/prevention-innovation-fund.asp.

Any questions about the application process can be emailed to strategy@novascotia.ca .

The deadline to submit grant applications is Jan. 15, 2016.

No proclamations were published in the Royal Gazette, Part II since the last issue of InForum.

Proclamations are published in the Royal Gazette, Part II, which is issued every other week and is available by subscription. Unofficial copies of the Royal Gazette, Part II are available online through the Registry of Regulations website.

The Office of the Legislative Counsel maintains a Proclamations of Statutes database, providing the effective dates of proclamations for statutes from 1990 to date. The database is updated with information received weekly from the Executive Council Office. To access the database, go to the Office of the Legislative Counsel’s website, then select Proclamations from the list of links on the left side of the page. The information provided by the database is for convenience only. For purposes of interpreting and applying the law, please consult official sources.

The orders in council authorizing the proclamations can be searched via the Orders in Council database maintained by the Executive Council Office. This database contains information about orders in council dating back to 1991.

This notice has been prepared by Society staff in Library & Information Services.

News releases from the provincial government are available at this link, and are searchable by department and date: http://novascotia.ca/news/

The following announcements since the last edition of InForum may be of interest to the legal profession; see link above for all provincial releases:   

JUSTICE: Find all DOJ announcements at http://www.gov.ns.ca/just/communications/

  • Amendment to the Interjurisdictional Support Orders Act (Nov. 17)
  • Judicial Appointments Announced (Nov. 10

SERVICE NOVA SCOTIA: Find all news releases at http://www.gov.ns.ca/snsmr/

  • New location for Bridgewater Access Centre (Nov. 17)  
  • Free Wifi in Access Centres (Nov. 10)
  • Heating and Housing Programs for Nova Scotians (Nov. 10)
AUDITOR GENERAL--Fall 2015 Report Released (Nov. 18) 

COMMUNITY SERVICES
  • Government Launches Prevention Innovation Grants (Nov. 23)
  • Amendments Introduced to the Social Workers Act (Nov. 18)
  • Accessibility Grant Announcement in New Victoria (Nov. 13)  
COMMUNITIES, CULTURE AND HERITAGE--Amendments to Protect Heritage Property and Streamline Registration (Nov. 13) 

EDUCATION/EARLY CHILDHOOD DEVELOPMENT--Teachers and Province Reach Tentative Agreement (Nov. 12) 

ENERGY--New Exploration Projects in Nova Scotia's Offshore (Nov. 12) 

FINANCE/TREASURY BOARD
  • Amendments Harmonize Securities Legislation to National Standard (Nov. 20) 
  • Amendments to New Pooled Registered Pension Plan Act (Nov. 19) 
HEALTH/WELLNESS--New Legislation Will Modernize Paramedicine Profession (Nov. 18)  

HUMAN RIGHTS COMMISSION
  • Kevin Brooks v. Department of Justice (Nov. 13)
  • Tony Smith v. CDHA Dismissed (Nov. 12)  
IMMIGRATION--211 to Co-ordinate Offers of Support for Refugees (Nov. 17) 

LABOUR/ADVANCED EDUCATION
  • Better Employment Services for Job Seekers and Employers (Nov. 23) 
  • Workplace Safety is a Priority (Nov. 20) 
  • Changes to Labour Standards Code Enhance Protection of Workers (Nov. 20) 
  • Compassionate Care, Bereavement Leaves Extended (Nov. 19)
PREMIER'S OFFICE
  • New Graduates, Younger Workers Wanted in the Public Service (Nov. 13) 
  • Fall Legislature Sitting Begins (Nov. 12) 
  • Action Taken to Make Our Region More Competitive (Nov. 12) 
PUBLIC SERVICE COMMISSION--Tentative Agreement Reached With Civil Service (Nov. 13) 
 

 

Other news

Jeff Hirsch

(November 16, 2015) – The Federation of Law Societies of Canada is pleased to announce that Jeff Hirsch has been elected President for 2015-2016 and has begun his term. Mr. Hirsch is a partner with Thompson Dorfman Sweatman LLP in Winnipeg, practising in the areas of administrative law, commercial litigation and professional negligence. He provides advice to self-governing professions as counsel to discipline and complaints committees, as a prosecutor and with respect to policy development.

Mr. Hirsch joined the Federation Council as the representative of the Law Society of Manitoba in 2009. He currently chairs the Federation’s Standing Committee on Access to Legal Services and represents the Federation on Chief Justice Beverley McLachlin’s Action Committee on Access to Justice in Civil and Family Matters. He is an advocate for and frequent lecturer on improved access to justice for all Canadians.

See "Access to Justice - Core Business for Law Societies," Jeff Hirsch’s keynote address to the 2015 NSBS Annual Meeting, held June 13 at Cape Breton University in Sydney. It’s available for viewing on the Society’s YouTube channel.

Mr. Hirsch notes that in a regulatory world where the legal profession is increasingly mobile, “there is a critical need for more national conversations and collaboration amongst Canada’s law societies.” The development of that collaboration and how it is carried out is part of the focus of the Federation’s current governance review process. Mr. Hirsch believes that it is vitally important for the Federation to be responsive to the need for change.

“As we complete our governance review, I am reminded that we must listen to our members and deliver the value they want from the Federation,” he says.

Mr. Hirsch served as a Bencher of the Law Society of Manitoba for seven years and as President in 2009 – 2010. During that time, he chaired the Law Society’s Special Committee on the Independence of the Legal Profession, the Complaints Investigation, Discipline, Nominating and Equity Committees. For the past 10 years, Mr. Hirsch taught the Remedies course at the Faculty of Law at the University of Manitoba.

For more details, see the Federation’s November 16 announcement and its news release. Find out more about the Federation at www.flsc.ca.  

Formerly known as Blackburn English Law (Enfield) Limited, English Law Limited is a client-focused law firm that continues to provide legal services to the residents and businesses of Hants County, Halifax County and Colchester County.

Find English Law Limited online at www.englishlaw.ca.

Dell Wickens has been appointed a Crown attorney in the Yarmouth office of the Public Prosecution Service.

"With 38 years of criminal law experience, Mr. Wickens is a solid addition to our team of Crown attorneys," said Martin Herschorn, Director of Public Prosecutions, who announced the appointment on November 18.

A native of Cape Sable Island, Mr. Wickens graduated in 1972 from Acadia University with a bachelor of arts. In 1976 he graduated from Dalhousie Law School.

Mr. Wickens articled with Irving Pink in Yarmouth. In 1977 he joined the Yarmouth office of Nova Scotia Legal Aid and was later appointed managing lawyer. While with Legal Aid, Mr. Wickens focused mostly on criminal law. He was appointed a Queen's counsel in 2002.

In 2013 Mr. Wickens was appointed a per diem Crown attorney in the Yarmouth office of the Nova Scotia Public Prosecution Service. 

Earl Granville Coffin (DOB September 19, 1932) passed away on November 7 at the Halifax Infirmary at age 83. A son of the late Charles and Isabella (Campbell) Coffin of Bay Fortune, PEI, he is survived by his beloved wife Josephine (Deveau) Coffin. They lived on Wingate Drive in Windsor Junction, and she is no longer able to perform her duties as executor, so the Public Trustee is assisting.

The family has a photocopy of a will for Mr. Coffin, but it includes no date or signatures and they are trying to determine whether it is his final will, so they can honour his wishes and burial instructions.    

Any lawyers who prepared or know of the existence of a will for Mr. Coffin are asked to please contact his family members Diane Coffin at 902 967 7064 or John Coffin at 902 687 3240.

James Larder Fraser (DOB June 17, 1929) of Park Street, Sydney, NS, died on February 23, 2011.

Any lawyers who prepared or know of the existence of a will for Mr. Fraser are asked to please contact Erin Cain of Merrick Jamieson Sterns Washington & Mahody at 902 429 3123 or erin@mjswm.com.

Dalhousie University is proud to celebrate its outstanding alumni. For nearly two centuries, they have been helping to make the world a better place through their professional successes, volunteerism, innovation and leadership.

Each year, the Dalhousie Alumni Association (DAA) honours members of the Dalhousie community with awards to celebrate these notable achievements, and the unique ways that alumni contribute to the university and society.

It is our goal to find a slate of diverse nominees from various industries and with different passions, who share the same commitment to making the world a better place.

If you know a Dalhousie graduate making a difference in people’s lives, we hope that you will nominate them. We also ask that you share this information during the nomination period (now through February 2016).

Review the full 2016 DAA Awards criteria, then complete the nomination form by Feb. 15, 2016.

For more information, please visit the Alumni Awards website, or email awards@dal.ca.

James W. MacNutt QC has written a new book, Building for Justice: The Historic Courthouses of the Maritimes. A long overdue celebration of a monumental regional architecture, it is also an insightful examination of the evolution of the justice system in the Maritimes. The book is available for purchase at local bookstores, or online at www.sspub.ca.

Also please note, the author has several local book signing events coming up this Sunday, November 29:

  • 12–1:30 pm, Chapters, Mic Mac Mall, Dartmouth
  • 2:30–4pm, IndigoSpirit, Sunnyside Mall, Bedford NS

The Canadian Institute for Advanced Legal Studies sponsors several scholarships that provide recent graduates from Canadian law schools with an excellent opportunity to pursue graduate studies abroad.

The Right Honourable Paul Martin Sr. Scholarships, at the University of Cambridge, covers full University and College fees (i.e. full tuition) and a monthly living allowance, subject to any other awards received by the successful candidate.

The French language Scholarship is awarded for study in the French language at a French-speaking university in Europe. It ordinarily covers the full amount of the tuition fees payable by the recipient to the university and includes an allowance to cover a portion of living expenses and reasonable travel expenses to and from the European university, subject to any other awards received by the successful candidate.

Please note, the deadline for applications for the 2016-2017 academic year is December 31, 2015. Successful candidates will be notified by April 15, 2016.

For application details, please visit www.canadian-institute.com/ and see the dropdown menu under the Scholarships heading.

Careers

Government of Nunavut – Legal Counsel (2 Positions)
Department: Justice
Community: Iqaluit
Reference number: 05-502430
Type of employment: Indeterminate
UnionStatus: This position is not included in the Nunavut Employees Union
Salary: $104,202.00 to $139,796.00
Northern Allowance: $15,016.00 (Subsidized staff housing available)
Closing Date: December 18, 2015

The Department of Justice is currently seeking an enthusiastic Legal Counsel to work within the Legal and Constitutional Law Division of the Department. Nunavut is an exciting jurisdiction in which to practice law. It is the homeland of the Inuit, and its governance, law and culture reflect that fact. It is a unique legal jurisdiction, a territory created pursuant to the Nunavut Land Claims Agreement. Of the provinces and territories, Nunavut is the only one with a majority aboriginal population, and the only one is which both French and English are minority languages. In Nunavut, many issues arise which have simply not arisen before in Canada, and which require creativity and a solution-orientated approach.

Legal Counsel, under the general direction of the Deputy Minister of Justice and the Director of Legal and Constitutional Law, will provide advice to other departments in order to ensure that their mandates are carried out in accordance with the law. Legal Counsel will assist departments in carrying out their duties by providing legal advisory, regulatory, and transactional assistance. Legal counsel also represents the Government of Nunavut before boards, tribunals and the Nunavut Court of Justice.

The successful candidate(s) must have a common law degree from a recognized Canadian University or have received an Certificate of Qualification from the National Committee on Accreditation of the Federation of Law Societies of Canada. They must be eligible for membership in the Law Society of Nunavut and/or be a member in good standing of a Provincial or Territorial Bar.  He or she will have at least one year of post-call experience in the practice of law or a related field.

The ideal candidate will have experience in one or more of the following areas: administrative law, employment law, corporate/commercial law, procurement law. Knowledge of Inuit and northern issues will also be considered an asset, as will experience working for government or in the broader public sector.

The ability to communicate in Inuktitut and/or Inuinnaqtun would be an asset.

Candidates who are screened in will be required to complete a written exam. Only those candidates who pass the exam will be invited to an interview.

An eligibility list will be created for this competition.

  • The Government of Nunavut is committed to creating a more representative workforce so it can better understand and serve the needs of Nunavummiut. Priority will be given to Nunavut Land Claims Beneficiaries. 
  • Candidates must clearly identify their eligibility in order to receive priority consideration under the Nunavut Priority Hiring Policy. 
  • Employment in some positions requires an acceptable criminal record check. Possession of a criminal record will not necessarily disqualify candidates from further consideration. 
  • Job descriptions may be obtained by fax, email or on the website. 
  • Only those candidates selected for an interview will be contacted.

For further information about these positions, please see the posting: Legal Counsel

Crown Attorney
Legal Counsel 1-3 (LF1-3) – Regular/full-time

Manitoba Justice
Manitoba Prosecution Service
300-3rd Street East
The Pas, MB

Advertisement Number: 31208
Salary(s): LF1-3 $70,394.00 - $141,999.00 per year plus Remoteness Allowance, if applicable.
Closing Date: December 15, 2015

Manitoba Prosecution Service is responsible for prosecuting most offences in Manitoba. These offences are identified in provincial statues, the federal Criminal Code of Canada and the Youth Criminal Justice Act. This is a unique opportunity with Manitoba Prosecution Service to work in a dynamic office in The Pas, Manitoba with Crown Attorneys of varying levels of experience.

Known as "The Gateway to the North", The Pas is a multi-industry northern Manitoba town serving a district population of over 15,000. The Pas attracts visitors from around the world and offers outdoor adventure abounds. For more information on living and working in The Pas, please visit http://www.townofthepas.com/.

Manitoba Prosecution Service offers an attractive benefits package and a defined pension plan and provides opportunities for development.

Qualifications:

CONDITIONS OF EMPLOYMENT

  • Must be legally entitled to work in Canada
  • Eligible for membership or membership (in good standing) with the Law Society of Manitoba
  • Satisfactory Criminal Record Search, Adult Abuse Registry Check & Child Abuse Registry Check
  • Enhanced Security Screening
  • Evening and weekend work as required
  • Ability to travel by road and air, including overnight stays

ESSENTIAL

  • Litigation experience in the practice of criminal law
  • Superior oral communication and presentation skills
  • Superior written communication skills
  • Superior interpersonal skills
  • Excellent analytical skills
  • Effective case management
  • Excellent organizational skills with the ability to effectively meet short deadlines
  • Ability to work independently
  • Ability to work in a team environment
  • Experience and proficiency with computer software packages including legal research applications, MS Word and Outlook or equivalents

DESIRED

  • Prosecutions experience

Duties:

As a Crown Attorney, you will provide prosecutorial service regarding matters arising under the Criminal Code of Canada and provincial statutes, in the provincial and superior courts.  Other duties involve giving legal opinions, reviewing police reports and instructing police with respect to changes and investigations.  The successful candidate will be expected to participate in community and other legal education in the areas of criminal law and procedures on behalf of Manitoba Prosecution Services.

Apply Now:

Advertisement #31208
Civil Service Commission
Human Resource Services
300-305 Broadway
Winnipeg, MB, R3C 3J7
Phone: 204-945-3688
Fax: 204-948-2193
Email: govjobs@gov.mb.ca

When applying to this advertisement, please indicate the advertisement number and position title in the subject line and body of your email.

Employment Equity is a factor in selection. Applicants are requested to indicate in their covering letter or resume if they are from any of the following groups: women, Aboriginal people, visible minorities and persons with a disability.

We thank all who apply and advise that only those selected for further consideration will be contacted.

Your cover letter, resume and/or application must clearly indicate how you meet the qualifications.

Firm established for more than 60 years seeks buyer. Real estate can be rented, purchased or optioned. Seller may finance.

Area is bedroom community for Halifax. Seller may assist in transition. Call 902 798 5997

A top 50 Best Employer in Canada, Stewart McKelvey is an innovative, client-driven law firm committed to providing the highest quality of ethical legal services, earning clients' trust and striving to meet and exceed expectations. 

Since becoming the first regional law firm more than 20 years ago, Stewart McKelvey has grown to become one of the 20 largest law firms in Canada, with six offices across four provinces. 

The firm invests in its people, technology and its business to ensure the continued delivery the quality service that clients have come to expect from the firm. Driven by its commitment to outperform expectations, Stewart McKelvey is on the cutting edge of legal technology and process solutions. Tightly integrated within the firm’s workflows are innovative approaches the practice of law and a desire to optimize service delivery. 

Stewart McKelvey is looking for an Associate Lawyer to join our litigation team in our Halifax, NS office. The ideal candidate will have a minimum of four years of litigation experience. Candidates with strong interpersonal and communication skills as well as demonstrated advocacy skills will be given preference. Applicants should outline their demonstrated experience working as part of a litigation team as well as managing client matters independently. 

This position is a non-partnership track role providing the successful applicant with greater predictability of work hours and a focus on client retention through exceptional service rather than the development of new business. 

Stewart McKelvey takes pride in providing exceptional service to our clients and our ability to offer Associates challenging legal work often found only in larger urban centres. We offer a collegial work environment, unsurpassed technical and professional support, a competitive compensation package including, and the opportunity to work with some of Atlantic Canada’s leading litigators. 

Interested applicants must be a member in good standing with a Canadian Law Society and should provide a resume and cover letter, including detail on the type of litigation experience the applicant offers by Friday, November 27, 2015. 

If you have specific questions about this role, please contact Susan Hayes at shayes@stewartmckelvey.com or 902.490.8574.  All inquiries will be held in strict confidence. 

We thank all applicants for their interest. However, only those selected for an interview will be contacted. 

No agencies please.

This Crown Corporation is a pacesetter in energy and hydroelectric generation.

Nalcor Energy has a world class portfolio of energy assets and an assertive growth strategy. Based in St. John’s Newfoundland, you will provide leadership to your legal group, strategic thinking as a member of the senior executive team and sage counsel to the C.E.O. and Board of Directors. This Crown Corporation is growing its asset base from $2 billion in 2007 to $14 billion in 2018 as it develops both renewable and non-renewable resources, including Phase 1 of the Lower Churchill hydro-electric project, the highest potential undeveloped hydroelectric source in North America. With its admirable balance sheet and best-in-class safety and environment records, Nalcor has become a highly respected player in the energy sector and an employer of choice in the Canadian market.

As Vice President, General Counsel & Corporate Secretary, you will bring broad-based commercial expertise to Nalcor’s legal activities, strategic planning and corporate governance. Work with senior corporate leaders to identify, understand, evaluate and monitor evolving issues affecting the industry and the corporation. Implement and maintain best practice processes and standards related to governance, corporate secretarial duties, ethical guidelines and transparency. Ensure that Nalcor’s line of business decision-makers have access to you and your legal team for support, advice and direction. Add negotiating and contract expertise to the organization. Work collaboratively, effectively and objectively with various stakeholder groups, political organizations, government entities, partners, and community groups.

An LL.B. with 15 years or more of progressively senior experience in the areas of corporate, business or commercial law, you have significant managerial and leadership experience and will be eligible for membership in good standing with the Law Society of Newfoundland and Labrador. With Nalcor Energy, you will bring roll-up-your-sleeves energy and inspirational legal leadership to a corporation that has a bold and achievable vision of the future. You’ll play a central role in Nalcor’s success as it develops a rich portfolio of assets.  

If you are interested in more information or submitting your application for consideration, please contact Jeff Forbes or Jason Ozon in confidence at 902-421-9849 or submit your resume online at http://www.kbrs.ca/Careers/10909

Davis Reierson is seeking at least one experienced legal assistant for its busy family law practice. The successful applicant(s) will have excellent organization, time management, and communication skills.  

Please forward a letter of interest and resume to ldavis@davisreierson.com.  

Legal Counsel
Halifax, NS      

We are further expanding our internal legal team.

Description: Reporting to the Senior Counsel, this position will provide legal support on commercial, corporate and regulatory issues as well as to other areas of the business.  

Qualifications:

  • A candidate must have an undergraduate law degree (LLB or JD) and be an active member of a law society in Canada.
  • A minimum of eight years of corporate and commercial law experience in either private practice or as corporate counsel.
  • Knowledge of substantive corporate, securities and commercial law.
  • Governance and Corporate Secretary experience preferred.
  • The successful candidate will have exceptional communication skills and work well both independently and in a collaborative environment.
  • Experience in an aviation related business or other federally regulated business would be an asset.
  • Proficiency in French would be an asset.

Qualified applicants must apply online at www.flyjazz.ca/careers in order to be considered for this position.

A top 50 Best Employer in Canada, Stewart McKelvey is an innovative, client-driven law firm committed to providing the highest quality of ethical legal services, earning clients' trust and striving to meet and exceed expectations. 

Since becoming the first regional law firm more than 20 years ago, Stewart McKelvey has grown to become one of the 20 largest law firms in Canada, with six offices across four provinces. 

The firm invests in its people, technology and its business to ensure the continued delivery the quality service that clients have come to expect from the firm. Driven by its commitment to outperform expectations, Stewart McKelvey is on the cutting edge of legal technology and process solutions. Tightly integrated within the firm’s workflows are innovative approaches the practice of law and a desire to optimize service delivery. 

Stewart McKelvey is looking for a Litigation Associate to join our team to assist in managing our litigation practice in our Halifax, NS office. The ideal candidate will have three to five years of litigation experience primarily focused on commercial litigation and insurance defence work. Candidates with strong interpersonal and communication skills as well as demonstrated advocacy skills will be given preference. Applicants should outline their demonstrated experience working as part of a litigation team as well as managing client matters independently. 

This is a partnership track role and, as such, candidates must actively participate in client development and corporate social responsibility initiatives. 

Stewart McKelvey takes pride in providing exceptional service to our clients and our ability to offer Associates challenging legal work often found only in larger urban centres. We offer a collegial work environment, unsurpassed technical and professional support, a competitive compensation package including, and the opportunity to work with some of Atlantic Canada’s leading litigators. 

Interested applicants must be a member in good standing with a Canadian Law Society and should provide a resume and cover letter, including detail on the type of litigation experience the applicant offers by Friday, November 27, 2015. 

If you have specific questions about this role, please contact Susan Hayes at shayes@stewartmckelvey.com or 902.490.8574.  All inquiries will be held in strict confidence. 

We thank all applicants for their interest. However, only those selected for an interview will be contacted. 

No agencies please.

Small firm in Glace Bay, Cape Breton, looking to hire someone who has recently finished their articles, or has practised for a year or two (or more), and is looking for work mostly in family law, and with opportunity to develop other practice areas of personal interest.

Email: douglasmackinlay@ns.aliantzinc.ca

Volunteer and Pro Bono

The Legal Information Society of Nova Scotia (LISNS) needs volunteer lawyers to edit new and existing content for its clear language legal information resource: Guide to Law for Nonprofit organizations in Atlantic Canada. The work is part of a Pro Bono Students Canada-Dalhousie student project to update this popular 2008 publication.

We appreciate your help! If interested, please contact:

Wendy Turner
Legal Information Services Manager, LISNS
902-454-2198 ext 106
wct@legalinfo.org

Apply today to serve on the province's agencies, boards and commissions (ABCs).

The Province of Nova Scotia is seeking energetic and enthusiastic Nova Scotians to serve on its various Adjudicative and Non-adjudicative ABCs. To learn more visit www.novascotia.ca/exec_council/abc or call 902-424-4877 in HRM (Toll-free 1-866-206-6844).

Applications for Non-adjudicative ABCs are welcome at any time, but consideration of applications for positions will begin November 23, 2015. The deadline for applications to Adjudicative ABCs is November 30, 2015.

The Province of Nova Scotia is an equal opportunity employer. Through the Employment Equity Policy, the Government of Nova Scotia seeks to better represent the diverse public it serves. Government is committed to ensuring diversity in the workplace by supporting initiatives that promote the equitable participation of Aboriginal persons, African Nova Scotians and other racially visible persons, persons with disabilities, and women in positions where they are under-represented. We value the representation of citizens of all ages. All applications who are members of an employment equity group are encouraged to self-identify.

Alice Housing provides safe second stage housing and supportive counselling for women and chidlren leaving domestic violence. Since 1983, Alice Housing has helped over 1,000 families move past the devastation of family violence and supported them in their quest for family stability and safety. For additional information about Alice Housing and our programs, please go to our website: www.alicehousing.ca.

Alice Housing, based in downtown Dartmouth, is seeking to add to our already well rounded and active Board of Directors. To apply to be a part of our board, please send your resume and Board Application to HeatherByrne@Alicehousing.ca.

Board member Application forms can be found at: www.alicehousing.ca/about/board/

Supervising lawyer needed to assist not for profit organization with bylaw development. A social work student at Dalhousie Legal Aid is working on a community file and has identified this need.

Please contact morgan.purdy@eastlink.ca if you are interested in learning more about this opportunity.

Upcoming Events
Event Date: Tuesday, December 8, 2015 (All day)

Join your RELANS Colleagues at our Annual Real Estate Conference, being held on Tuesday, December 8th at the Westin Nova Scotian from 9:30am – 5:00pm.

The program is RELANS 2015: OUR CHANGING LANDSCAPE

Registration is now open to RELANS Members and non-Members.
Click here for complete information and online registration.

Event Date: Tuesday, November 24, 2015 - 12:00 to 13:00

Recent developments in human rights appeals and judicial reviews

As with many areas of law, human rights law is constantly evolving. The focus of this presentation is on decisions regarding challenges of decisions of the Human Rights Commission or the Human Rights of Board of Inquiry.

Particular attention will be paid to the caselaw interpreting and applying the Comeau decision of the Supreme Court of Canada.

Speaker:

  • Jason T. Cooke, Burchells LLP

http://www.cbapd.org/details_en.aspx?id=NS_CONST_1115

Event Date: Tuesday, November 24, 2015 - 12:00 to 13:00

Canada-US Cross-Border Privacy Issues
Fourth and Final Session: Our Last session will focus on the interaction between Canadian and US privacy laws.

Speakers:

  • Derek Brett, Vice-Chair of the Privacy and Access Law Section
  • David Fraser, McInnes Cooper

http://www.cbapd.org/details_en.aspx?id=NS_PRI_JOI4

Event Date: Tuesday, November 24, 2015 - 12:00 to 13:00

What does your parent/elderly client want the most: Starting the Conversation

The Nova Scotia Hospice Palliative Care Association provides resources and education to encourage discussions about people's wishes and choices in the event they are not able to speak for themselves. These discussions may include preferences for what people want for themselves  in terms of their health care, personal care or when faced with challenges regarding their mobility and ability to care for themselves. These are not necessarily just end of life decisions, and are not necessarily restricted to elderly people, although they likely are the largest group. Instead they are aimed at what matters most to individuals in terms of their quality of life. Many of us are in the sandwich generation caring for both our own families as well as aging parents. While practitioners may find it challenging to engage in these discussions with their clients, the discussion may be even more difficult when it is our own parent or grand-parent who is involved.  

Speaker:

  • Colleen Cash, Hospice Association

http://www.cbapd.org/details_en.aspx?id=NS_WOM_JOI

Event Date: Tuesday, November 24, 2015 (All day)

The multiple demands of work necessitate that employees know how to prioritize their responsibilities, work with proficiency, be resourceful and complete tasks in a systematic and organized manner. The content presented in this workshop provides a comprehensive review of performance basics and is geared for front line workers. The workshop provides training and activities to explore the habits and tools necessary for productivity, as well as the attitudes that support a successful work environment. Participants will learn how to represent their organization well, to streamline systems and procedures, plan out work tasks and focus with renewed energy on the expectations of the workplace.

Presented by ACHIEVE Training Centre. For more information or to register, please visit:

Event Date: Tuesday, November 24, 2015 - 14:30

Charities are faced with many of the same operational and human resource challenges faced by other business, while operating in a highly regulated environment. Additionally, most charities depend on fundraising, which presents some liability risk, including risks for directors and officers. Further, the common law imposes special obligations on the directors and officers of charities. For practitioners involved in the provision of legal services to charities, it is imperative to remain aware of developments in a broad swath of practice areas. Our annual program on charities, non-profits and the law has been designed with this reality in mind, and delivers insights from our expert faculty on various legal topics of relevance to this important sector within society.

http://thecommonsinstitute.com/page14/

Event Date: Tuesday, November 24, 2015 (All day)

View brochure here: 7th Annual Dealing With The Lease: What's Next? The Future is Now

Lawyers, law clerks, lease administrators and business people dealing with leases and related documentation should always be aware of the current state of the commercial leasing industry. In today’s session, we will consider the current state of the commercial real estate industry from both a legal perspective and a leasing perspective to highlight the fact that our future is happening now. As well, we will discuss some of the common arithmetic and English errors that are made every day when drafting leases.

COURSE HIGHLIGHTS

  • New Cases and New Legal Principles
  • New Lease Clauses and Documentation
  • What’s New in Retail
  • New Negotiation Techniques and Tips
  • Remedial Math and English for Leasing Lawyers

SPEAKERS

COURSE LEADER

  • Stephen J. Messinger, Senior Partner, Minden Gross LLPLexpert® Top Ranked in Property Leasing in the 2015
  • Canadian Legal Lexpert® Directory

SPECIAL GUEST SPEAKERS

  • John Crombie, Triovest Realty Advisors Inc.

MINDEN GROSS LLP GUEST SPEAKERS

  • Stephen Posen, Senior Partner, Lexpert® Top Ranked in Property Leasing in the 2015
  • Canadian Legal Lexpert® Directory
  • Christina Kobi, Partner, Lexpert® Top Ranked in Property Leasing in the 2015
  • Canadian Legal Lexpert® Directory
  • Michael S. Horowitz, Partner, Lexpert® Top Ranked in Property Leasing in the 2015
  • Canadian Legal Lexpert® Directory
  • Boris Zayachkowski, Partner
  • Benjamin T. Radcliffe, Associate
  • Carly Caruso, Associate

 

Event Date: Tuesday, November 24, 2015 (All day)

View brochure here: 7th Annual Aboriginal Law: Consultation and Other Emerging Issues

The landscape of aboriginal law has evolved at a considerable pace in the last twenty years in Canada. Understanding Aboriginal legal matters and interactions with Aboriginal groups for industry and project developments across Canada is critical for businesses and Government.This course, led by Thomas Isaac, highlights various aspects of current Aboriginal legal matters including an update on Aboriginal and related Consultation Law, Anti-Corruption Issues when Dealing with Aboriginal Groups, Resource Revenue Sharing, Federal Legislation and Policy Overview, Government Consultation Policies, United Nations Declaration on the Rights of Indigenous Peoples an Tsilhqot’in Nation v. BC update.This course is aimed at Industry Leaders, Government Executives and Corporate Counsel whom wish to grasp the dynamics of the changing legal and policy concerns relating to Aboriginal law and interactions with Aboriginal groups.

COURSE HIGHLIGHTS

  • Aboriginal and Consultation Caselaw Update
  • Disclosure and Anti-Corruption Issues when Dealing with Aboriginal Groups
  • Resource Revenue Sharing and Aboriginal Groups
  • Consultation Best Practices for Proponents
  • Federal legislation and Policy Overview
  • Government Consultation Policies
  • United Nations Declaration on the Rights of Indigenous Peoples and “Free, Prior and Informed Consent”
  • Tsilhqot’in Nation v. BC – Update

SPEAKERS

COURSE LEADER

Thomas Isaac, Partner, Osler, Hoskin & Harcourt LLP

GUEST SPEAKERS

Jeremy Barretto, Osler, Hoskin & Harcourt LLP
Sandra Gogal, Miller Thomson LLP
Richard King, Osler, Hoskin & Harcourt LLP
Terri-Lee Oleniuk, Osler, Hoskin & Harcourt LLP
Patrick Welsh, Osler, Hoskin & Harcourt

http://cpdcentre.ca/lexpert/?search=aboriginal+law

Event Date: Wednesday, November 25, 2015 - 12:00

The product liability law has evolved over the last decade. Join your colleagues as we take a look at the underlying principles of the law and look at practical advice to enable you to effectively bring and defend product liability claims. Take full advantage of the availability of our expert faculty by asking questions or laying our scenarios. Our annual program on product liability law has been designed to be pithy, and packed with actionable information for the busy practitioner.

http://thecommonsinstitute.com/page51/

Event Date: Wednesday, November 25, 2015 - 14:30

Covering a wide swath of bankruptcy, insolvency and reorganization topics over the course of an information-packed afternoon, our annual program on corporate reorganization and restructuring is indispensable for practitioners seeking updates, an awareness of best practices, as well as skill augments. Join us to gain a critical advantage in advising clients, to put practice questions to our seasoned faculty, and to learn about solutions fashioned by colleagues to various substantive challenges.

http://thecommonsinstitute.com/page11/

Event Date: Wednesday, November 25, 2015 - 12:00 to 13:00

Trust Accounts – Information Session

Speakers:

  • Mhairi McInnis, Professional Responsibility Administrator, Nova Scotia Barristers' Society
  • Sean Walker, Director of Finance & Administration, Nova Scotia Barristers' Society

http://www.cbapd.org/details_en.aspx?id=NS_GEN_1115

Event Date: Wednesday, November 25, 2015 - 12:00 to 13:00

55(2) Update — Review of changes

Speaker:

  • Jennifer Campbell, Patterson Law

http://www.cbapd.org/details_en.aspx?id=NS_TAX_1115

Event Date: Wednesday, November 25, 2015 (All day)

View brochure here: 7th Annual Aboriginal Law: Consultation and Other Emerging Issues

The landscape of aboriginal law has evolved at a considerable pace in the last twenty years in Canada. Understanding Aboriginal legal matters and interactions with Aboriginal groups for industry and project developments across Canada is critical for businesses and Government.

This course, led by Thomas Isaac, highlights various aspects of current Aboriginal legal matters including an update on Aboriginal and related Consultation Law, Anti-Corruption Issues when Dealing with Aboriginal Groups, Resource Revenue Sharing, Federal Legislation and Policy Overview, Government Consultation Policies, United Nations Declaration on the Rights of Indigenous Peoples an Tsilhqot’in Nation v. BC update.This course is aimed at Industry Leaders, Government Executives and Corporate Counsel whom wish to grasp the dynamics of the changing legal and policy concerns relating to Aboriginal law and interactions with Aboriginal groups.

COURSE HIGHLIGHTS

  • Aboriginal and Consultation Caselaw Update
  • Disclosure and Anti-Corruption Issues when Dealing with Aboriginal Groups
  • Resource Revenue Sharing and Aboriginal Groups
  • Consultation Best Practices for Proponents
  • Federal legislation and Policy Overview
  • Government Consultation Policies
  • United Nations Declaration on the Rights of Indigenous Peoples and “Free, Prior and Informed Consent”
  • Tsilhqot’in Nation v. BC – Update

SPEAKERS

COURSE LEADER

Thomas Isaac, Partner, Osler, Hoskin & Harcourt LLP

GUEST SPEAKERS

Jeremy Barretto, Osler, Hoskin & Harcourt LLP
Sandra Gogal, Miller Thomson LLP
Richard King, Osler, Hoskin & Harcourt LLP
Terri-Lee Oleniuk, Osler, Hoskin & Harcourt LLP
Patrick Welsh, Osler, Hoskin & Harcourt

Event Date: Thursday, November 26, 2015 - 14:30

From matters concerning compliance to the management of market initiatives, and from shareholder arrangements to the roles and liabilities of various corporate actors, business law is perennially charged with decision points and the need for strategic advice. Our annual program on this area of law has been designed to bring timely topics to the fore, for information, exploration and analysis by our faculty of experienced practitioners.

http://thecommonsinstitute.com/page36/

Event Date: Monday, November 30, 2015 - 12:00 to 13:00

Every time we interact with someone, we have an opportunity to build or damage the relationship we have with them. Improving the quality of relationships in the workplace can enhance productivity and reduce conflict. This session invites participants to be aware of three key “tools” we can use to build relationships, reflect on how to use these tools effectively, and develop strategies to address relationship challenges.

Register

  • For the webinar, online registration is available through ‘Events’ in the NSBS Members Login page: https://imis.nsbs.org/imis20/NSBSWEB 
  • Attend in person in the NSBS Borden Room (8th floor, 2000 Barrington Street, Halifax), RSVP with Alex Greencorn agreencorn@lians.ca 902 423 1300 x325 

 Lawyers and their staff are welcome. This may be eligible as CPD hours.

Note: for webinar attendees who gather as a group using one computer, only one participant will need to register to obtain a webinar login link.

Event Date: Thursday, December 3, 2015 - 12:00 to 13:00

Register

  • For the webinar, online registration is available through ‘Events’ in the NSBS Members Login page: https://imis.nsbs.org/imis20/NSBSWEB 
  • Attend in person in the NSBS Borden Room (8th floor, 2000 Barrington Street, Halifax), RSVP with Alex Greencorn agreencorn@lians.ca 902 423 1300 x325 

Lawyers and their staff are welcome. These may be eligible as CPD hours. 

Note: for webinar attendees who gather as a group using one computer, only one participant will need to register to obtain a webinar login link.

Event Date: Thursday, November 26, 2015 - 12:00

The practice of law is faced with a number of novel challenges. In a fast-paced world, ethical conundrums have become more complex, and questions loom large for practitioners in areas such as advocacy, client capacity, and communications. To maintain professional prudence, today's practitioner requires a robust awareness of concerns that engage the pan-Canadian model code of professional conduct, sometimes in new ways. Our annual program, premised on the perspectives of an august faculty of pace-setters, is premised on the application of the code to the landscape in which lawyers practice today.

http://thecommonsinstitute.com/page52/

Event Date: Wednesday, November 25, 2015 - 17:30 to 20:00

A Sneak Peek at the 2015 Revised User's Guide to the Spousal Support Advisory Guidelines

Speaker:

  • Professor Rollie Thompson, Schulich School of Law

http://www.cbapd.org/details_en.aspx?id=NS_FAM_1115

Event Date: Friday, November 27, 2015 - 15:00
 
The Schulich School of Law, Nova Scotia Legal Aid and Dalhousie Legal Aid Service present
Big changes coming to the Children and Family Services Act
What lawyers and others who work with children and families need to know.
 
Please join us on Friday, November 27, 2015, from 3:00 pm to 5:00 pm for a lively discussion facilitated by Prof. D.A. Rollie Thompson QC and panelists.
 
Room 104, Weldon Law Building, Schulich School of Law at Dalhousie University, 6061 University Avenue, Halifax
 
For more information please contact:

 

Event Date: Friday, November 27, 2015 - 02:30 to 04:00

There will be an Information session and demonstration at Halifax Provincial Court answering all of your questions about video conferencing. Learn what you can do by video and how including:

  • Having your client appear by video
  • Having a witness appear by video
  • How counsel can appear in other jurisdictions by video

Criminal Bar social to follow at the Old Triangle, 5136 Prince Street, Halifax starting at 4:00pm.

http://www.courts.ns.ca/Provincial_Court/NSPC_criminal_rules_forms.htm

Event Date: Friday, November 27, 2015 - 12:00 to 13:30

Is it Time to Adopt a No-Fault Scheme to Compensate Injured Patients?

  • Elaine Gibson, Schulich School of Law, Dalhousie University 

All welcome!
No registration. Free.
Light lunch set out by noon in Rm 312.
Time will be allotted for questions and discussion.

This series is hosted by the Dalhousie Health Law Institute with sponsorship from the Schulich School of Law and the CIHR Training Program in Health Law, Ethics, and Policy (hlep.ca).

Event Date: Friday, November 27, 2015 (All day)

For those who work in an environment where there is potential for violence, it is important to develop the skills needed to defuse dangerous situations. This workshop is designed to teach people to de-escalate potentially violent situations through assertiveness and interpersonal communication. The training will explore how anger and violence interplay, including opportunities for self-assessment of personal styles.  Participants will develop a clear understanding of how to assess the potential for violence and respond with a diverse set of interpersonal tools and strategies designed to defuse potentially violent situations.

Presented by Crisis and Trauma Resource Institute Inc.

For more information or to register please visit www.ctrinstitute.com

 

 

Event Date: Friday, November 27, 2015 - 09:00 to Saturday, November 28, 2015 - 05:00

Interest-Based Negotiation Training

For family lawyers, mental health professionals, and financial professionals
November 27 and 28, 2015

Learn to:    

  • Identify and explore interests
  • Manage conflict productively
  • Move discussion from debate to dialogue
  • Help clients create workable, durable agreements        
  • Be an advocate for your client while collaborating.

PRICE $800 per person (payments by cheque and cash only)

This is one of the required components for certification as a member of the Association of Collaborative Professionals of Nova Scotia. 

Jacinta Gallant will facilitate this intensive, skills-based course. For more information on the trainer, see http://www.jacintagallant.ca

To register, contact Anne McFarlane: anne@mdwlaw.ca
www.collaborativefamilylawyers.ca

Event Date: Thursday, November 26, 2015 - 16:30

Mining, and the law that enables it, is of great consequence to Canadian industry, and to the Canadian ethos. For mining law practitioners, remaining at the vanguard of developments local and international is critical to effective client service as well as to profit maximization. Our annual program in this area of law has been developed with the mining practitioner in mind. With a perennial focus on timely, actionable and practice-oriented information, we have been successful in bringing together great minds in Canadian mining law for presentations that continually ensure practitioners at the vanguard.

http://thecommonsinstitute.com/page48/

Event Date: Friday, November 27, 2015 - 12:00

Our program on special topics in civil litigation is dedicated to the exploration of “hot” topics and the provision of actionable solutions. With a focus on the stimulation of effective litigation strategies - litigation paths that balance access to justice, proportionality, and assertive advocacy - the program is imperative for litigators seeking to expand both their substantive knowledge base as well as their client service skill sets.

http://thecommonsinstitute.com/page39/

Event Date: Friday, November 27, 2015 - 19:30

Help us support refugee rights here in Halifax! 

Please come out to the Halifax Refugee Clinic's 3rd Annual Auction for Asylum fundraising event!

  • Our guest speaker is the Halifax Refugee Clinic's founder and local human rights and immigration lawyer Lee Cohen, QC
  • Tons of great items up for silent auction, for every taste and budget! Items include gift certificates to local restaurants and services, unique artisanal items from around the world, jewellery and much more! Items must be paid for before leaving the event. Cash or credit only. 
  • Beer, wine and a specialty drink will be available for purchase, with complimentary savoury and sweet treats available. 
  • Get out your dancing shoes! Our musical entertainment is Latin Drama, a local band blending modern and traditional Latin American rhythms. 
  • Tickets are $20.00 ($10.00 for students/seniors/underemployed) available in advance or at the door. Contact the Halifax Refugee Clinic at (902) 422-6736 or halifaxrefugeeclinic@gmail.com
  • Online ticket purchase available at http://www.eventbrite.ca/,

Check out our Facebook event page.

Please note that this event is 19+.

halifaxrefugeeclinic.org

Event Date: Saturday, November 28, 2015 - 18:30
You are cordially invited to the Cape Breton Barristers’ Society 2015 Bench & Bar Dinner honouring Justice Robin C. M. Gogan, Justice Robert M. Gregan, Justice Lee Anne MacLeod-Archer, and Judge Daniel A. MacRury.
 
WHEN: Saturday, November 28, 2015
TIME: Reception - 6:00 pm; Dinner - 7:00 pm
WHERE: Holiday Inn Harbourfront, 300 Esplanade, Sydney
 
Tickets: $60.00 per person
 
RSVP to Diane L. McGrath QC no later than November 15, 2015
 
P: (902) 563 3533 
F: (902) 563 0506
Event Date: Monday, November 30, 2015 (All day)

View brochure here: Internet Law & The Competitive Edge

Just as the internet has radically transformed business and social connections so has it presented new legal and compliance challenges for businesses. The convergence of e-commerce, IT security, privacy and other issues arising from our digital age continue to raise a host of business and legal concerns that are shaping the competitive landscape significantly. Understanding the material “must know” developments in the law due to the internet will go a long way to determine who is best positioned to safely exploit the opportunities. The topics are selected to focus both on external marketing and privacy developments as well as internal issues for a business such as the surveillance or discipline of employees using social media as well as the use of social media as a tool in recruiting. The course also includes a review of key remedies available to address domain name disputes as well as many kinds of website content conflict. Finally the course also reviews best practices for both the board of directors and the business as it prepares to address their cyber security obligations as well as developments in the rapidly expanding field of data breaches.

COURSE HIGHLIGHTS

  • Privacy and Social Media Marketing
  • Canadian Anti-Spam Update
  • Planning and Responding to the Online Dispute
  • Social Media in the Employment Context
  • Cyber Security and the Data Breach

BENNETT JONES LLP SPEAKERS

COURSE LEADER

Martin PJ Kratz, Partner, Trademark Agent,
Head of Intellectual Property

GUEST SPEAKERS

John Batzel, Partner
Stephen Burns, Partner, Trade-mark Agent
Carl Cunningham, Partner

Event Date: Monday, November 30, 2015 - 09:00 to Tuesday, December 1, 2015 - 12:00

MONDAY, NOVEMBER 30 AND TUESDAY, DECEMBER 1, 2015

Maison du développement durable 50
Sainte-Catherine Street West
Montreal (QC)

CO-CHAIRS: 

  • Justice Elizabeth Bennett, Court of Appeal for British Columbia, Vancouver, BC 
  • Judge Patrick Healy, Cour du Québec, Montreal, QC

http://www.ciaj-icaj.ca/images/stories/eventsPDF/2015.RT.Sentencing.pdf

Event Date: Tuesday, December 1, 2015 (All day)

View brochure here: 7th Annual Information Privacy And Data Protection

Social media, The Internet of Things, targeted advertising - new technologies are challenging our current notions of privacy and the protections that exist for it. In today’s information world, organizations are confronted with increasingly greater privacy and security risks. When technology creates new business models for database applications, privacy and security concerns are heightened. Legislative non-compliance and litigation liability expose the organization to significant financial risks. Integral to corporate responsibility and accountability is the need to deal ethically with consumers and employees, not only in collection practices, but also in protecting databases. Privacy and security concerns extend to the workplace and reputation management. However risks can be managed through effective strategies for privacy compliance and information security. This course is aimed at legal and compliance professionals who seek to have a focused understanding of the core issues facing information privacy and data protection with the objective of achieving corporate responsibility and risk minimization within their organization’s governance practices.

COURSE HIGHLIGHTS

  • Big Data and Data Analytics
  • Big Data, Online Behavioural Advertising and Programmatic Trading - Update
  • Lessons to be Learned – CASL’s Enforcement Process
  • Case Law Developments – Privacy and Security
             - Privacy Issues - Panel Discussion: Workplace snooping​
             - Social media in the workplace​
             - Privacy and security in the financial services industry
  • Information Security Program
  • The Internet of Things

SPEAKERS

COURSE LEADERS

  • David Young, Principal, David Young Law
  • Kelly Friedman, Partner, DLA Piper (Canada) LLP

GUEST SPEAKERS

  • Brian Beamish, Information and Privacy Commissioner, Ontario
  • Bosco Chan, Chief Privacy Officer and Director, Privacy Risk and Security Management, OACCAC
  • Lisa Constantine, Counsel, DLA Piper (Canada) LLP
  • Jim Halpert, Partner, DLA Piper (Washington)
  • Bill Hearn, Counsel, DLA Piper (Canada) LLP
  • Tamara Hunter, Associate Counsel, DLA Piper (Canada) LLP
  • Jan Kestle, President, Environics Analytics
  • Paul Lewis, Executive Consultant, Security Services, IBM Canada
  • Albert Luk, VP, Legal and General Counsel, Jumbleberry Interactive Group Ltd.
  • Michael Richards, Partner, DLA Piper (Canada) LLP
Event Date: Tuesday, December 1, 2015 - 09:00 to Wednesday, December 2, 2015 - 12:00

Panel 1
The Politics of Pensions: What lies ahead for Canada's public pension system?
9:00 AM - 10:15 AM 
Rob CarrickPersonal Finance Columnist, The Globe and Mail
Bob BaldwinConsultant
Paul MoistNational President Canadian Union of Public Employees
Ian LeeAssistant Professor, Sprott School of Business,Carleton University
Susan NickersonPension Counsel, Torys

In this session, Lancaster's pension experts will consider Canada's public pension system in the context of the results of the 2015 federal election, setting out a framework for understanding key issues of the day and questions for the future. The following points will be covered:·        

Assessing Canada's retirement readiness: What is the current state of Canada's public pension system? What do recent studies suggest about senior poverty and pension participation rates? Does the best available data support the view that there is a growing pension crisis in Canada or not? Do experts on opposing sides of this debate rely on the same or different data to make their case?·        

Predicting the future of Canada's public pension system: In light of the results of the recent federal election, what changes are in store for the second tier of Canada's pension system, which currently consists of the Canada Pension Plan (CPP) and the Quebec Pension Plan? Will there be an expansion of the CPP? Will the Ontario government move ahead with implementing the Ontario Retirement Pension Plan (ORPP)? In either case, how will the solution be targeted to reach the pockets of the population most in need of retirement assistance?·        

Considering the broader implications of public pension reform: How will developments in Canada's public pension system affect the employment relationship? What impact will changes have on collective bargaining? On the viability of private-sector workplace pension plans? On small businesses? 

BREAK (with refreshments)10:15 AM - 10:45 AM  

Panel 2
Defined Benefit Plans: Why are we moving away from them? What are we leaving behind?
10:45 AM - 12:00 PM 
Malcolm HamiltonSenior Fellow, C.D. Howe Institute
Jim KeohanePresident and CEO, Healthcare of Ontario Pension Plan
Jeff RichardsonStaff Representative, United Steelworkers,,TBA
Employer Counsel, TBA

Given the ongoing shift from defined benefit (DB) to defined contribution (DC) plans, this session will focus on arguments for and against the maintenance and/or establishment of DB plans in the public and private sectors. Shedding light on whether the trend is ill or well advised, leaders in the field will square off on the following issues:·        

Considering the public sector: Are public sector DB plans too expensive? Would stakeholders, including employees and taxpayers, be better off if public sector DB plans were converted to DC plans? What role does "pension envy" play in this debate? Do competing experts rely on the same or different data to make their case? What measures can or should be implemented to ensure the sustainability of public sector pension plans?·        

Examining the private sector: Are DB plans unworkable in the private sector? Is DB plan volatility simply too great a burden to bear for most employers? How will the new actuarial mortality tables play into this concern? What other considerations, including longevity risk and accounting rules, impact employer willingness to maintain or set up a DB plan? How, if at all, can the uncertainties associated with sponsoring a DB plan in the private sector be alleviated? Is longevity risk insurance the answer? Does the solution lie with solvency funding relief? Should solvency funding relief be offered ad hoc "in times of need" or implemented as a permanent change in legislation? Should solvency funding continue to be required for all DB plans in the private sector, as compared to the public sector which is largely exempt from solvency funding? If not, what should apply in its place? What options are being considered in various provinces across Canada, including Ontario and Quebec? 

NETWORKING LUNCH
12:00 PM - 1:15 PM  

Panel 3
Reducing the Risks, Raising the Returns: Can the problems of defined contribution plans be solved?
1:15 PM - 2:30 PM 
Mitch FrazerPartner and Chair of the Pensions and Employment Practice, Torys
Janice HolmanPrincipal, Eckler Ltd
Hugh KerrVice President and Associate General Counsel, Sun Life Financial
TBA, Union Counsel,  TBA

Building on Panel 2, specialists in the field will closely examine the pros and cons of DC pension plans to identify where the push to DC plans in the public and private sectors is taking us. A discussion of methods for getting the most out of DC plans will follow. The agenda will cover:·        

Identifying the problems: What are the primary shortcomings and advantages of DC plans? How do the following factors impact the cost of DC plans: management fees; lack of pooling; member apathy or incompetence? What is the crux of the decumulation problem associated with DC plans? Who bears the longevity risk associated with these plans, and why? What can be learned from the experience of other jurisdictions where a large shift to DC plans has occurred?·        

Examining possible solutions: Are there effective ways to achieve better results from DC plans? Is it better to have one investment policy as compared to one for each member? Fewer versus more investment choices? How, if at all, can fee regulation or disclosure requirements impact the efficiency of DC plans? What spend period solutions can be considered? Do these solutions go far enough to efficiently ensure a secure retirement?  

BREAK (with refreshments)
2:30 PM - 2:45 PM

Panel 4
Hybrid Pension Plans: Are target benefit plans the answer to our pension problems?
2:45 PM - 4:00 PM 
Jamie HacheyPresident, Saint John Police Association
Kevin SkerrettSenior Research Officer, Canadian Union of Public Employees
Jana SteelePension Counsel, Osler, Hoskin & Harcourt
Paul WinnettPartner, Morneau Shepell

The move away from DB plans is not a clear course to DC. Many employers are instead being drawn to target benefit plans (TBPs), a trend popularized by New Brunswick's "shared risk" pension plan model. In this session, Lancaster's pension experts will consider practical and legislative questions raised by these new hybrid pension plans, zeroing in on the following:·        

Understanding the essentials: What are the defining characteristics of hybrid pension plans? How, if at all, do TBPs differ from multi-employer pension plans (MEPPs), shared risk plans (SRPs), or jointly sponsored pension plans (JSPPs)? Is risk really shared in these plans? Are TBPs a viable solution to the DC decumulation problem? Does the size or scale of the TBP make a difference in this regard? Why or why not?         
Considering complex design questions: Is the New Brunswick approach of prescribed risk management the answer to improved benefit security in hybrid plan models? Should legislation permit pension plans to change guaranteed accrued past service benefits under a DB plan to target benefits, as in New Brunswick? Should the ability to reduce pension benefits, if there are insufficient assets to fund targeted amounts, be restricted to the multi-employer environment, as is presently the case under most provincial pension standards legislation? Should pension laws accommodate single-employer TBPs? If so, should the rules confine single-employer TBPs to unionized environments? What legislative changes are being contemplated in this respect in various provinces across Canada? Is solvency funding needed for TBPs, or is solvency testing enough? 

END OF DAY ONE
4:00 PM

COCKTAIL RECEPTION4:00 PM - 5:00 PM

Day 2

Panel 5
Pensions at the Bargaining Table: Planning negotiation strategies, learning from success stories
9:00 AM - 10:15 AM 
Hugh MackenziePrincipal, Hugh Mackenzie & Associates
Michael SherrardEmployer Counsel, Sherrard Kuzz
TBA, Union Counsel, TBA

In light of the changing pension landscape, parties are sure to encounter tough pension issues in upcoming rounds of collective bargaining. In this session, experienced counsel will offer practical guidance on pension negotiation strategies, drawing lessons from recent real life examples. These and other topical questions will be addressed:·        

Charting the course ahead: How are parties planning to deal with changes to Canada's public pension system? What kinds of offsets will employers likely demand at the bargaining table as a result of increased costs associated with expanding the CPP or, in Ontario, implementing the ORPP? How can unions work with employers to overcome business viability concerns raised by expanding Canada's public pension system?·        

Examining success stories: What strategies have parties, such as Air Canada and its unionized employee groups, employed to maintain DB plans? What is the impact on negotiations when plan improvements are achieved before bargaining? How have parties dealt with plan conversions? What solutions have parties crafted at the bargaining table to improve DC plans? 

BREAK (with refreshments)
10:15 AM - 10:45 AM     

Panel 6
Emerging Themes, Creative Solutions: Round table wrap-up and open forum discussion
10:45 AM - 12:00 PM 
Randy BauslaughPension Counsel, McCarthy Tétrault
Jo-Ann HannahDirector, Pensions and Benefits Department, Unifor

This session will be run as an open forum, with Lancaster's experts discussing key takeaways from the conference and inviting comments and questions from the floor. Participants will deepen their understanding of live issues in the pension debate by freely exchanging ideas and jointly examining difficult questions pertaining to the future of retirement well-being in Canada. 

CONFERENCE ENDS
12:00 PM

www.lancasterhouse.com

Event Date: Wednesday, December 2, 2015 (All day)

View brochure here: Managing Regulatory Risks: Compliance, Inspections And Investigations

The impact of regulation in the ongoing business operations of companies increases daily in complexity and scope. There is heightened pressure for general counsel, compliance officers, risk managers and outside legal advisors to assess, monitor and mitigate regulatory risk within static or decreasing budgetary envelopes. Achieving these goals is a complicated endeavor involving ever changing laws and regulations, while maintaining a good working relationship with regulators. This course is designed to provide valuable strategies for ensuring appropriate risk management strategies, managing reputational risk and dealing with the media in crisis situations, developing early measures for defence of regulatory claims, and managing litigation risks including class actions. Our expert faculty will provide their “lessons learned” and best practices for general counsel, in-house lawyers, compliance and risk management professionals dealing with these everyday challenges.

COURSE HIGHLIGHTS

  • Fundamentals of Compliance
    • What makes a good compliance professional?
    • Top five risk avoidance measures
    • Essential components of a good compliance program
  • Managing a Regulatory Investigation
    • Dealing with regulators: best practices
    • Remedies for unlawful administrative action
  • Litigation
    • Regulatory negligence claims
    • Due Diligence defence     

SPEAKERS

COURSE LEADERS

Joan Young, Co-Chair, B.C., Administrative and Public Law, McMillan LLP

GUEST SPEAKERS

Dr. Neil Campbell, Co-Chair, Competition and Trade, McMillan LLP
Christine Duhaime, Lawyer, Duhaime Law
Robin Junger, Co-Chair, Aboriginal and Environmental, Co-Chair,
Oil and Gas (B.C.), McMillan LLP
Lisa Parliament, Partner, McMillan LLP
Mark Reder, General Manager, Fleishman Hillard

Event Date: Wednesday, December 2, 2015 (All day)

View brochure here: Internet Law & The Competitive Edge

Just as the internet has radically transformed business and social connections so has it presented new legal and compliance challenges for businesses. The convergence of e-commerce, IT security, privacy and other issues arising from our digital age continue to raise a host of business and legal concerns that are shaping the competitive landscape significantly. Understanding the material “must know” developments in the law due to the internet will go a long way to determine who is best positioned to safely exploit the opportunities. The topics are selected to focus both on external marketing and privacy developments as well as internal issues for a business such as the surveillance or discipline of employees using social media as well as the use of social media as a tool in recruiting. The course also includes a review of key remedies available to address domain name disputes as well as many kinds of website content conflict. Finally the course also reviews best practices for both the board of directors and the business as it prepares to address their cyber security obligations as well as developments in the rapidly expanding field of data breaches.

COURSE HIGHLIGHTS

  • Privacy and Social Media Marketing
  • Canadian Anti-Spam Update
  • Planning and Responding to the Online Dispute
  • Social Media in the Employment Context
  • Cyber Security and the Data Breach

BENNETT JONES LLP SPEAKERS

COURSE LEADER

Martin PJ Kratz, Partner, Trademark Agent,
Head of Intellectual Property

GUEST SPEAKERS

John Batzel, Partner
Stephen Burns, Partner, Trade-mark Agent
Carl Cunningham, Partner

Event Date: Thursday, December 3, 2015 (All day)

View brochure here: Dangers for Directors - Infinite Risks: How to be an Effective Director in Today's World

The expectations of directors are higher than ever before, as are the risks associated with that role. At the same time, directors must be able to make decisions that involve risk-taking when it is in the best interests of the company.

COURSE HIGHLIGHTS

  • Director Duties, Liabilities and Recent Developments
  • Risk Oversight
  • Managing Risks when Seizing Opportunities Abroad
  • Cyber Risk
  • Being an Effective Director
  • The role of D&O Insurance

SPEAKERS

COURSE LEADERS

Aaron Emes, Partner, Torys LLP
Stephanie Stimpson, Partner, Torys LLP

GUEST SPEAKERS

Adam Armstrong, Partner, Torys LLP
Alexandra Kinbom, Senior Vice President, Marsh Co-Chair FINPRO
Claims Advocacy Practice
Tim Leech, Managing Director Global Services, Risk Oversight Solutions
Maryse St. Laurent, Vice-President, Legal and Corporate Secretary, TransAlta

Event Date: Thursday, December 3, 2015 (All day)

View brochure here: 8th Annual Corporate Governance: Taking Stock of a Changing Landscape

There have been a number of legislative and regulatory developments over the past year which have a direct impact on issuers but which have not been fully explored or analyzed. In this seminar, we will bring in members of the Ontario Securities Commission and stress test these latest corporate governance initiatives, asking them the hard questions as well as explore the latest cutting-edge developments in corporate governance.

COURSE HIGHLIGHTS

  • Legislative and Regulatory Developments: Overview
  • Legislative and Regulatory Developments: Take Over Bid Amendments
  • Legislative and Regulatory Developments: Proxy Plumbing and Proxy Access
  • Legislative and Regulatory Developments: Universal Proxies
  • Corporate Governance Developments: Dual-Class Share Structures
  • 2015 Corporate Governance Development: Forum Selection Bylaw
  • Rethinking “Good” Corporate Governance – Is a “B” Grade Good Enough?
  • Shareholder Activism In Canada: Recent Developments 

SPEAKERS

CO-CHAIR

Walied Soliman, Partner and Co-Chair, Special Situations Team,
Norton Rose Fulbright Canada LLP&
Orestes Pasparakis, Partner and Co-Chair, Special Situations Team,
Norton Rose Fulbright Canada LLP

GUEST SPEAKERS

Naizam Kanji, Deputy Director, Corporate Finance, Mergers & Acquisitions
Ontario Securities Commission
Phil Evershed, Principal, Oxford Park Group
Vinay Shandal, Principal, Boston Consulting Group
Winnie Sanjoto, Senior Legal Counsel, Corporate Finance, Ontario
Securities Commission
Marcus Campbell, Vice President, Operations, D.F. King Canada
Ian Robertson, Vice President, Communications, Kingsdale Shareholder Services
Emmanuel Pressman, Partner, Osler, Hoskin & Harcourt LLP
Jason Koskela, Senior Legal Counsel, Mergers and Acquisitions, Corporate
Finance, Ontario Securities Commission
Cathy Singer, Partner, Norton Rose Fulbright Canada LLP
Ruth Wahl, Partner, Norton Rose Fulbright Canada LLP
Paul Fitzgerald, Partner, Norton Rose Fulbright Canada LLP
Evelyn Li, Partner, Norton Rose Fulbright Canada LLP
Heidi Reinhart, Partner, Norton Rose Fulbright Canada LLP
Andrea Brewer, Associate, Norton Rose Fulbright Canada LLP

Event Date: Thursday, December 3, 2015 (All day) to Friday, December 4, 2015 (All day)

When two people are in conflict, the negative impact of the dispute typically affects more people than just the disputants. Others often get drawn into a conflict that becomes time consuming and limits the productivity of everyone. When people involved in conflict cannot resolve it on their own, a third party facilitator may be what is needed to resolve the dispute. This skills-based workshop is designed to give participants the understanding to work with disputing parties to identify interests, clarify issues and work towards options for resolving the conflict. Participants will have the opportunity to experience scenarios that will help prepare them for intervening in various conflict situations.

Presented by ACHIEVE Training Centre. For more information or to register please visit

https://ca.achievecentre.com/workshops/mediation-halifax/

Event Date: Thursday, December 3, 2015 - 17:30

On Thursday December 3, 2015, the newly formed Nova Scotia Chapter of the Canadian Association of Black Lawyers (CABL) will be hosting a social event at the Marriot Harbourfront Hotel, located at 1919 Upper Water St.,in Halifax. The event begins at 5:30 p.m.

Come meet the exectuvie and learn what CABL does. All are welcome! R.S.V.P. by November 30, 2015 to: cablns.chapter@gmail.com.

www.cabl.ca

Event Date: Thursday, December 10, 2015 (All day)

View brochure here:4th Annual Anti-Bribery and Corruption Compliance: Coping With the Onslaught  

Recent developments under the Corruption of Foreign Public Officials Act (CFPOA) have caught the attention of management and boards of directors across Canada that are now moving quickly to address their growing exposure under the anti-corruption regimes of Canada and other countries. Despite the initial lull in enforcement, Canadian authorities are beginning to establish a track record of corporate convictions and multi-million dollar penalties.

The recent conviction and three-year sentence handed down to Canadian businessman Nazir Karigar and current pursuit of criminal charges against other individuals have also put executives on notice that they too will face the harsh consequences of violating the CFPOA. Under Canada’s new Integrity Regime, companies that do business with government also face suspension or debarment when charged or convicted under the CFPOA or similar foreign anti-corruption laws. Further, recent amendments to the CFPOA and new reporting requirements under the Extractive Sector Measures Transparency Act are providing expanded enforcement opportunities for the RCMP who are already investigating dozens of targets for anti-bribery offences.On top of all this, many Canadian companies have to contend with anti-corruption measures under the US Foreign Corrupt Practices Act, the UK Bribery Act, and foreign host country regimes. What’s clear at this point is that compliance is no longer an option but rather a necessity to protect the core value of your company.

To help make sense of an increasingly complex enforcement and compliance environment, this course will provide an overview of the latest developments in Canada, the United States and other jurisdictions, deliver practical and effective solutions for the challenges facing Canadian companies in this area, and include insightful perspectives from the RCMP, in-house counsel, and a Canadian company that has been in the spotlight as a target of CFPOA enforcement.

COURSE HIGHLIGHTS

  • Introduction and Overview of the Anti-Corruption Landscape for Canadian Companies
  • Anti-Corruption Enforcement: The View from the Crown and RCMP
  • The US Foreign Corrupt Practices Act: What Canadian Companies Need to Know
  • An Industry Perspective on Anti-Corruption Enforcement and Compliance: The View from SNC-Lavalin
  • Importance of AML in your Anti-Corruption Compliance
  • The Perspective from In-House Counsel: Compliance Challenges and Solutions
  • Investigating Potential Breaches Within the Company and Dealing With Enforcement

SPEAKERS

CHAIR AND COURSE LEADER

John Boscariol, Partner, McCarthy Tétrault LLP

GUEST SPEAKERS

Ana Badour, McCarthy Tétrault LLP
Peter Brady, McCarthy Tétrault LLP (formerly GC of Vale)
Kari Chandler, Latham & Watkins LLP
Jonathan Drimmer, Barrick Gold Corp.
Les Dolhun, Royal Canadian Mounted Police
Steven Johnston, Alberta Justice, Specialized Prosecutions
Economic Crime Branch (Calgary)
Claire Lewis, Groupe SNC-Lavalin, inc.
Frederic R. Miller, PricewaterhouseCoopers LLP
Patrice Poitevin, Royal Canadian Mounted Police
David Porter, McCarthy Tétrault LLP

Event Date: Monday, December 7, 2015 - 12:00 to 13:00

This practical and interactive session provides participants with the principles and tools of positive parenting focused on children’s skills in social development and well-being. Participants will also get an opportunity to review and discuss strategies for bringing positive parenting into the home.

Register

  • For the webinar, online registration is available through ‘Events’ in the NSBS Members Login page: https://imis.nsbs.org/imis20/NSBSWEB 
  • Attend in person in the NSBS Borden Room (8th floor, 2000 Barrington Street, Halifax), RSVP with Alex Greencorn agreencorn@lians.ca 902 423 1300 x325 

Lawyers and their staff are welcome. This may be eligible as a CPD hour.

Note: for webinar attendees who gather as a group using one computer, only one participant will need to register to obtain a webinar login link.

Event Date: Tuesday, December 8, 2015 (All day)

Mastering Negotiation and Mediation: An interactive workshop
Tuesday, December 8, 2015
9:00 AM - 4:00 PM 

WORKSHOP SUMMARY
Concluding a collective agreement requires skill, strategy, patience, and commitment. Join Lancaster’s experts for a practical workshop on effective bargaining tactics in negotiations and mediation. Topics to be addressed include:·        

Setting the agenda, obtaining a mandate, preparing for bargaining: How should you assemble your negotiating team and select an advisory committee? What needs to be done to establish a reporting relationship, secure a mandate, and create realistic expectations? What must you do to develop your agenda, set the ground rules, and devise a game plan? What information should you collect relating to comparability, demonstrated need, ability to pay, bargaining history, and total compensation? How can you obtain financial and other information and comply with disclosure obligations? What information is each party legally required, or entitled, to receive in bargaining? What sort of external economic, political, or social factors should the parties consider when preparing for bargaining? How does bargaining in the public sector differ from bargaining in the private sector?·        

Mapping out strategies, settling on tactics: How should demands be categorized or prioritized? Should you always include demands that are giveaways for leverage? How do you determine whether to begin negotiations with extreme or moderate demands? Should you begin with monetary or non-monetary demands? How do you anticipate the number of moves, or rounds of bargaining, and how should this factor into your opening proposal? How should you present your proposals and respond to counter-proposals? How do you build momentum? What is meant by bargaining backwards? How should parties signal their positions? When should a party present its bottom-line position? What should you do to develop trust? How can you avoid, recognize, and stop bad faith bargaining when it occurs? What considerations should you examine when evaluating whether to strike, lockout or, if available, arbitrate? When should you threaten strike or lockout? Should parties set dates for arbitration and bargain to a deadline, or does this hinder negotiations?·        

Communicating skillfully: What should you communicate to principals and employees or members during negotiations and mediation? In what circumstances, if any, should employers communicate directly with employees? What should you communicate to the public? What role does social media and/or mainstream media play? Should mediation be confidential? Can the parties tape negotiating sessions? What impact does privacy legislation have on these issues? How can positions be communicated in a way that avoids an emotional response? How can you be aware of, and interpret, other people's body language and use nonverbal communication effectively in bargaining?·        

Making the most of mediation: What issues are particularly well-suited to mediation? What should be considered when selecting a mediator? How should parties prepare for mediation? When should ground rules be set, and which rules may the parties wish to establish? How should the mediation be structured, in terms of timing of proposals and counter-proposals, signing off agree-to items, stipulating for without prejudice discussion, etc.? How can the parties make best use of and streamline the mediation? Should you carry on in mediation where you left off in bargaining or start afresh? Where packages have been exchanged during bargaining, can a party accept certain parts of a package and bargain from that point? Should the mediator be advised of the negotiating history? When should a party present its bottom-line position? How should mediation tactics differ if parties are engaging in med-arb?·        

Making the deal: How do you achieve a win-win outcome? What tactics can you use to get the opposing party to switch from positional to interest-based bargaining? What does it mean to confront your alternatives? How can you use the mediator to close the deal? When is it appropriate to suggest arbitration? Should you draft settlement language in advance? When is a settlement within the reasonable range? Should you sign a memorandum of settlement as soon as it is agreed upon or leave time for reflection? 

www.lancasterhouse.com

Event Date: Tuesday, December 8, 2015 (All day)

View brochure here: Dangers for Directors - Infinite Risks: How to be an Effective Director in Today's World

The expectations of directors are higher than ever before, as are the risks associated with that role. At the same time, directors must be able to make decisions that involve risk-taking when it is in the best interests of the company.

COURSE HIGHLIGHTS

  • Director Duties, Liabilities and Recent Developments
  • Risk Oversight
  • Managing Risks when Seizing Opportunities Abroad
  • Cyber Risk
  • Being an Effective Director
  • The role of D&O Insurance

SPEAKERS

COURSE LEADERS

Aaron Emes, Partner, Torys LLP
Stephanie Stimpson, Partner, Torys LLP

GUEST SPEAKERS

Adam Armstrong, Partner, Torys LLP
Alexandra Kinbom, Senior Vice President, Marsh Co-Chair FINPRO
Claims Advocacy Practice
Tim Leech, Managing Director Global Services, Risk Oversight Solutions
Maryse St. Laurent, Vice-President, Legal and Corporate Secretary, TransAlta

Event Date: Tuesday, December 8, 2015 (All day)

View brochure here:4th Annual Anti-Bribery and Corruption Compliance: Coping With the Onslaught  

Recent developments under the Corruption of Foreign Public Officials Act (CFPOA) have caught the attention of management and boards of directors across Canada that are now moving quickly to address their growing exposure under the anti-corruption regimes of Canada and other countries. Despite the initial lull in enforcement, Canadian authorities are beginning to establish a track record of corporate convictions and multi-million dollar penalties. The recent conviction and three-year sentence handed down to Canadian businessman Nazir Karigar and current pursuit of criminal charges against other individuals have also put executives on notice that they too will face the harsh consequences of violating the CFPOA. Under Canada’s new Integrity Regime, companies that do business with government also face suspension or debarment when charged or convicted under the CFPOA or similar foreign anti-corruption laws. Further, recent amendments to the CFPOA and new reporting requirements under the Extractive Sector Measures Transparency Act are providing expanded enforcement opportunities for the RCMP who are already investigating dozens of targets for anti-bribery offences.On top of all this, many Canadian companies have to contend with anti-corruption measures under the US Foreign Corrupt Practices Act, the UK Bribery Act, and foreign host country regimes. What’s clear at this point is that compliance is no longer an option but rather a necessity to protect the core value of your company.To help make sense of an increasingly complex enforcement and compliance environment, this course will provide an overview of the latest developments in Canada, the United States and other jurisdictions, deliver practical and effective solutions for the challenges facing Canadian companies in this area, and include insightful perspectives from the RCMP, in-house counsel, and a Canadian company that has been in the spotlight as a target of CFPOA enforcement.

COURSE HIGHLIGHTS

  • Introduction and Overview of the Anti-Corruption Landscape for Canadian Companies
  • Anti-Corruption Enforcement: The View from the Crown and RCMP
  • The US Foreign Corrupt Practices Act: What Canadian Companies Need to Know
  • An Industry Perspective on Anti-Corruption Enforcement and Compliance: The View from SNC-Lavalin
  • Importance of AML in your Anti-Corruption Compliance
  • The Perspective from In-House Counsel: Compliance Challenges and Solutions
  • Investigating Potential Breaches Within the Company and Dealing With Enforcement

SPEAKERS

CHAIR AND COURSE LEADER

John Boscariol, Partner, McCarthy Tétrault LLP

GUEST SPEAKERS

Ana Badour, McCarthy Tétrault LLP
Peter Brady, McCarthy Tétrault LLP (formerly GC of Vale)
Kari Chandler, Latham & Watkins LLP
Jonathan Drimmer, Barrick Gold Corp.
Les Dolhun, Royal Canadian Mounted Police
Steven Johnston, Alberta Justice, Specialized Prosecutions
Economic Crime Branch (Calgary)
Claire Lewis, Groupe SNC-Lavalin, inc.
Frederic R. Miller, PricewaterhouseCoopers LLP
Patrice Poitevin, Royal Canadian Mounted Police
David Porter, McCarthy Tétrault LLP

Event Date: Tuesday, December 8, 2015 (All day)

View brochure here: Managing Cybersecurity Risk 2015

Cybersecurity has become an ubiquitous business risk, extending beyond IT and security professionals to the C-suite and the boardroom. In the last year, virtually no industry sector anywhere has been immune from the threat. Experts say it’s a trend that will likely continue, but studies indicate that cybersecurity spending is actually decreasing. It’s a dangerous conundrum. How does your company escape it? Listen to our legal and technical experts talk about key emerging cybersecurity threats and how to manage them. Our experts will offer you practical guidance on how to protect against cybersecurity concerns in the Cloud; deal with inevitable data breaches and how to contract smartly to protect yourselves against security losses. Our speakers will offer insight and solutions for corporate directors and officers that need to take proactive steps to deal with these urgent issues before they happen. We will also cover off the emerging opportunities offered by cyberliability insurance and how you can best leverage your own IT resources to best protect your enterprise and make the most of your IT spend. This course is must for CEOs, CIOs, Risk Managers, Directors, Officers, In-house and External Counsel and anyone else that wants to learn how to mitigate the myriad complexities of cybersecurity risks and management that organizations face today.

COURSE HIGHLIGHTS

  • Introduction – New Threats in the Cybersecurity Landscape
  • Security and the Cloud – Legal and Technical Considerations
  • Practical Contracting for Cybersecurity
  • Managing a Data Breach
  • Is Cyberliability Insurance the Answer?
  • Making the Most of Your IT Security Spend

SPEAKERS

COURSE LEADERS

  • Brian Bourne, President, New Signature Canada
  • Lisa R. Lifshitz, Partner, Torkin Manes LLP

GUEST SPEAKERS

  • James Arlen, Director Risk and Advisory Services, Leviathan Security Group
  • Ted F. Claypoole, Partner, Womble Carlyle LLP
  • Gregory L. Eskins, Senior Vice President, National Cyber Practice Leader, Marsh Canada Limited
  • Ian Kyer, Legal Counsel, RPM Technologies
  • Aaron Sawchuk, General Counsel, Sales, Marketing & Business Services
  • David Senf, IDC, Vice President, Infrastructure Solutions
Event Date: Tuesday, December 8, 2015 (All day)

Crunching the Numbers: An expert guide to costing and total compensation
Tuesday, December 8, 2015, 9:00 AM - 4:00 PM

WORKSHOP SUMMARY
Given that wages and benefits are a primary concern in collective bargaining, union and management representatives need to come to the table knowing what their proposals cost. In this workshop, experts will teach participants to cost proposals and guide them through exercises to develop their costing skills.·        

Initial considerations: How does the function of costing fit into a broader strategic approach to negotiations? How should negotiators factor workers' subjective valuations of benefits into their costing strategy? What information can union representatives reasonably request from employers to develop proposals for contract negotiation? When does refusal to provide the requested information constitute a failure to bargain in good faith? When is it justified? What are the advantages and disadvantages of using computer software in costing?·        

Total compensation: What is "total compensation"? How can parties calculate total compensation? How should parties use total compensation figures during bargaining? Should parties begin negotiations by agreeing to a total compensation cost that the employer is willing to pay? How are total compensation figures used in situations involving interest arbitration?·        

Costing wages: How are average wages calculated in a multi-tiered wage structure? How do overtime and holiday work schedules affect average cost per employee per hour? What about other indirect costs associated with increases in payroll, such as WSIB assessments? In a period of low inflation, is end-loading preferable to the front-loading of wage hikes? What are the current trends in wage increases? How should the parties undertake a useful comparison of wages between employees of different employers, given their different demographics?

Costing benefits: How should the cost of benefits be determined? How are intangible benefits, such as ongoing training, health and wellness programs, childcare facilities, gym, etc., calculated? In what areas are benefit costs rising? How can the cost of benefits be taken into account when negotiating other terms of the collective agreement, such as wage increases, so that both the employer and union are satisfied?·        

Ability to pay: How should the ability to pay factor into negotiations? What does an employer need to produce at the bargaining table or at arbitration to sustain a claim of inability to pay? How much weight have arbitrators attributed to statutory provisions that require a consideration of the employer's ability to pay in light of its fiscal situation? Are governments achieving their bargaining objectives in terms of containing public sector costs? How can unions structure their wage and benefit negotiations under the shadow of increased public sector cost restraints?

www.lancasterhouse.com

Event Date: Tuesday, December 8, 2015 - 02:00

Spend three hours with lawyer turned humourist Sean Carter, and find out what really happened on the way to the disciplinary hearing. Sean takes a laugh out loud look at the funnier aspects of the practice of law, and how lawyers can prevent disciplinary problems and remain civil. He explains that all too often, legal ethics are filled with unrealistic hypotheticals that rarely occur.

There are, in fact, very basic things that lawyers must do and not do to avoid disciplinary problems, and he covers these with his ten commandments for avoiding ethical problems and six suggestions for improving professionalism. Let Sean remind you how to be courteous, ethical and effective — with references to the FLSC's Model Code of Professional Conduct — and have a great time in the process.

Register

Event Date: Wednesday, December 9, 2015 (All day)

View brochure here: 7th Annual Aboriginal Law: Consultation and Other Emerging Issues

The landscape of aboriginal law has evolved at a considerable pace in the last twenty years in Canada. Understanding Aboriginal legal matters and interactions with Aboriginal groups for industry and project developments across Canada is critical for businesses and Government.This course, led by Thomas Isaac, highlights various aspects of current Aboriginal legal matters including an update on Aboriginal and related Consultation Law, Anti-Corruption Issues when Dealing with Aboriginal Groups, Resource Revenue Sharing, Federal Legislation and Policy Overview, Government Consultation Policies, United Nations Declaration on the Rights of Indigenous Peoples an Tsilhqot’in Nation v. BC update.This course is aimed at Industry Leaders, Government Executives and Corporate Counsel whom wish to grasp the dynamics of the changing legal and policy concerns relating to Aboriginal law and interactions with Aboriginal groups.

COURSE HIGHLIGHTS

  • Aboriginal and Consultation Caselaw Update
  • Disclosure and Anti-Corruption Issues when Dealing with Aboriginal Groups
  • Resource Revenue Sharing and Aboriginal Groups
  • Consultation Best Practices for Proponents
  • Federal legislation and Policy Overview
  • Government Consultation Policies
  • United Nations Declaration on the Rights of Indigenous Peoples and “Free, Prior and Informed Consent”
  • Tsilhqot’in Nation v. BC – Update

SPEAKERS

COURSE LEADER

Thomas Isaac, Partner, Osler, Hoskin & Harcourt LLP

GUEST SPEAKERS

Jeremy Barretto, Osler, Hoskin & Harcourt LLP
Sandra Gogal, Miller Thomson LLP
Richard King, Osler, Hoskin & Harcourt LLP
Terri-Lee Oleniuk, Osler, Hoskin & Harcourt LLP
Patrick Welsh, Osler, Hoskin & Harcourt

Event Date: Wednesday, December 9, 2015 (All day)

View brochure here: 8th Annual Advertising And Marketing Law: Less Is The New More

Advertisers today seem to have less of everything yet are expected to do more than ever before. Less words (or characters), less money, less paid media, less disclaimers. More reviews, more consumer testimonials, more platforms, more sharing, more new laws, more disclosure and most importantly, more risk. Catch up on all of the latest legal requirements relating to advertising and marketing to ensure that you and your clients do not end up in unflattering orange.

COURSE HIGHLIGHTS

  • Top Five Things That Can Keep Advertisers Up at Night (Some high-level advice for less worry – more sleep!)
  • “They Really Like Me” Testimonials/Ratings & Disclaimers/Disclosures
  • Gamification -How to Make New Friends in The Yard - Hot Trends in Engagement
  • La Belle Province
  • Food, Drugs and Rock & Roll
  • Creepy Privacy - More Obligations, More Collection, Less Space
  • Integration of IP v. Advertising
  • Mock Trade Dispute – You Be The Judge

GOWLING LAFLEUR HENDERSON LLP SPEAKERS COURSE LEADER

  • Brenda Pritchard, Partner

GUEST SPEAKERS

  • René Bissonnette, Associate
  • Daniel Cole, Associate
  • Brian Fraser, Partner
  • Chris Oates, Associate
  • David Potter, Associate
  • Lewis Retik, Partner
  • Melissa Tehrani, Associate
Event Date: Wednesday, December 9, 2015 - 09:00

Panel 1
Through a Glass, darkly: Experts analyze the state of the economy
9:00 AM - 10:15 AM 
Sheila Block, Senior Economist, Canadian Centre for Policy Alternatives
Douglas Porter, Chief Economist and Managing Director,BMO Capital Markets

PANEL SUMMARY
The current state of the economy is difficult to gauge. While the Canadian economy has been in recovery, the recovery has been weak. Some economists suggest another recession may be around the corner. In this panel, prominent economists will trace the outlines of the current economic climate, provide their predictions regarding economic developments in the near future, and explain how economic conditions are likely to affect bargaining. Topics to be addressed include:·         

Economic climate: Are Canada and Ontario's economies continuing to recover, or are they sliding back into recession? How does the economic outlook in Ontario compare to other regions of Canada and the economic outlook in the United States? How has the Canadian economy dealt with slumping gas and oil prices? Is Canada over-reliant on natural resources? Have manufacturing and exports increased with the lower dollar? What effect, if any, do the natural resources and manufacturing sectors have on the broader public sector? What economic changes can be expected in the near future? Is the Bank of Canada likely to raise interest rates any time soon? How would higher interest rates affect the economy? Is there any end in sight to low economic growth and/or economic uncertainty?·        

Government's role in the economy: How have governments' policies of balanced budgets and debt-reduction affected the economy? What should governments be doing to support economic recovery? Would public investments in programs, such as national childcare, provide stimulus? What about infrastructure spending? Would government action to reduce income inequality stimulate the economy? Would increasing corporate tax rates or income tax rates for the wealthy be sound fiscal policy? Is the surprise election result in Alberta evidence of a public backlash against current government economic policy? How are the results of the federal election likely to affect governments' economic priorities?·        

Precarious work: How does the quality of jobs that have been added to the economy after the Great Recession compare to the quality of those that were lost? Is precarious work (e.g. part-time, low-paid, or contract work) increasing? What effect does precarious work have on the economy? Are current trends in precarious work likely to continue? If they do, what will be the practical effects on the economy, unionized workers, and employers? Impact on bargaining: How has the economy affected wage increases bargained recently? Is there a difference between the broader public sector and the private sector? Are negotiated wage increases keeping pace with inflation and the cost of living? What effect has the economy had on negotiated benefits and pension plans? What has been the effect on staffing levels and job security? Are the trends currently evident in wages, benefits, staffing, and job security likely to continue? Or are major changes in store? Given the current economic climate, what are likely to become bargaining priorities in the coming year? 

BREAK (with refreshments)
10:15 AM - 10:30 AM 

Panel 2
Modernizing Workplace Laws: A session with the Special Advisors to the Ontario Government on its "Changing Workplaces Review"
10:30 AM - 12:00 PM 
Michael Mitchell, Arbitrator/Mediator
The Honourable John C. Murray Arbitrator/Mediator

PANEL SUMMARY
Following current public consultations on the changing nature of the modern workplace, Special Advisors to Ontario's "Changing Workplaces Review," Michael Mitchell and the Honourable John Murray, will discuss with two prominent stakeholder representatives key proposals on the table for amending Ontario's workplace laws. 
NETWORKING LUNCH
12:00 PM - 1:00 PM 

Panel 3
Rethinking Bargaining Structures: Does government involvement in the bargaining process work, and for whom?
1:00 PM - 2:15 PM 
Brendan Sweeney, Project Manager, Automotive Policy Research Centre, McMaster University
Paul Elliott, President,Ontario Secondary School Teachers' Federation

PANEL SUMMARY
Recently the Ontario government has taken steps to increase the direct involvement of government in the bargaining process with teachers. Nova Scotia has attempted to centralize bargaining in health care, and the previous Conservative government in Alberta announced an intention to centralize broader public sector bargaining in that province. What is driving this trend? Is it likely to continue? If so, what can be learned from the experience in British Columbia and Quebec, where bargaining has already progressed to a more advanced state of centralization? Experts in this session will explain the forces leading to government involvement in bargaining and debate the future and merits of this development.·        

Ontario: How is bargaining currently organized in the broader public sector in Ontario? Does most bargaining take place on a workplace-by-workplace basis? Do employers frequently face negotiations with multiple unions? Are there any examples of centralized bargaining in Ontario currently? What is the "Provincial Discussion Table" model of bargaining that is being used in negotiations with teachers? What was the impetus behind the development of this model? Is the Ontario government likely to extend this model, or another form of centralized bargaining, to other areas of the broader public sector?·        

Other provinces: How is bargaining organized in other provinces across Canada? Is there a widespread shift towards centralizing bargaining? Why or why not? How have these changes been received by unions, employers, and the public? What is the status of the push towards centralized bargaining in Alberta? Has the NDP government changed course? Why or why not?·        

British Columbia: What was the impetus behind the centralization of bargaining in B.C.? Has centralized bargaining in B.C. been a success from the government's perspective? Has it contained costs while maintaining the quality of services? Why have unions criticized centralized bargaining in B.C.? How has this bargaining model affected labour-management relations? Has this model been conducive to industrial peace? How has it affected union bargaining power? Have unions been able to make gains in centralized bargaining?·        

Conclusions: Can one model (i.e. centralized or decentralized) be characterized as inherently superior to the other? Does the answer depend on whether one adopts the perspective of the government, the employers, or the unions? Are Canadian governments likely to continue down a path towards centralization? If so, can Canadian governments, employers, and unions learn anything from Europe, where centralized bargaining is common? 

BREAK (with refreshments)2:15 PM - 2:30 PM          

Panel 4
Reading the Tea Leaves: Where are we really going with the Charter of Rights?
2:30 PM - 3:15 PM 
Sonia Regenbogen, Employer Counsel, Mathews Dinsdale & Clark
Christopher Rootham, Union Counsel, Nelligan O'Brien Payne
TBA, Neutral, TBA

PANEL SUMMARY
In this session, leading experts in labour relations and constitutional law will make predictions about the future of collective bargaining based on recent developments in freedom of association caselaw. Questions to be addressed include:·        

Right to organize: Following the Supreme Court of Canada's decision in Mounted Police Association of Ontario ("MPAO"), how much freedom must workers be given to choose their own bargaining agent? Will statutory designation of bargaining agents, as in the case of the British Columbia Teachers' Federation for public school teachers in B.C., withstand Charterscrutiny? In light of the Supreme Court's affirmation that the Charter does not mandate "a particular labour relations regime," will minority unions now be entitled to recognition by the employer? Did the majority in MPAO effectively constitutionalize the Wagner Act model (based on majoritarian representation and exclusive bargaining rights), as dissenting Justice Rothstein alleged in that decision?·        

Right to bargain: In light of the Supreme Court's decision in Meredith and the British Columbia Court of Appeal's decision in British Columbia Teachers' Federation, when will government wage restraint measures be considered unconstitutional? What other legislated terms and conditions of employment will be found to substantially interfere with a meaningful process of collective bargaining? What is the scope of any government "duty to consult" with unions and workers before enacting legislation that will seriously impact collective bargaining rights? When, if ever, will pre-legislative consultation give effect to a union's s.2(d) Charterrights so as to prevent a finding of unconstitutionality?·        

Right to strike: Following the Supreme Court's ruling in Saskatchewan Federation of Labour("SFL"), are all strike restrictions presumptively violations of s.2(d) that must be justified under s.1 of the Charter? If so, when will they be considered reasonable limits demonstrably justified in a free and democratic society? Are striking employees now protected by the Charter from termination or the hiring of permanent replacements? Must non-union workers now be afforded some form of statutory right of non-reprisal for going on strike? Can SFL be relied upon to argue in favour of access to binding interest arbitration where it is not currently available, for example under B.C.'s "controlled strike" model? Why or why not? Will ad hocback-to-work legislation ending an otherwise lawful strike pass constitutional muster only where public services are essential in the strict sense, in that a work stoppage would endanger life, health, or safety (as distinct from economic interests), and only if an adequate alternative dispute resolution (ADR) mechanism is provided? What sort of ADR mechanism would be considered constitutionally adequate?·        

Overarching questions: How will the changing composition of the Supreme Court affect the ongoing evolution of Charter jurisprudence? What impact will international law have on the direction Canadian courts take with freedom of association in the years to come? 

Panel 5
Gearing Up for the Next Round: Preparing for bargaining and setting the agenda
3:15 PM - 4:00 PM 
David Brook, Chief Executive Officer,College Employer Council
Jason Fitzsimmons, Chief Negotiations Officer, Ontario Hospital Association
Gary Gannage, Union Consultant
Linda Thurston-Neeley, Ontario Regional Director, Canadian Union of Public Employees

PANEL SUMMARY
Making the most of downtime between rounds of collective bargaining – by taking proactive steps to prepare a strategic bargaining agenda, influence the future bargaining environment, and develop effective communication plans – can have a dramatic impact on negotiating outcomes. Designed to help you position yourself for future success at the bargaining table, this session will cover the following topics:·        

Setting the agenda: What must you do to develop your bargaining agenda? When should you begin to develop your agenda? Who should be involved? What information should be taken into account when setting priorities, and how should this information be collected? How much weight should be given to external economic, political, or social factors?·        

Laying the groundwork for bargaining: What proactive strategies can parties employ after a collective agreement has been concluded to influence the bargaining environment in which the next round of negotiations will be conducted? Should unions and employers be more active in lobbying the government to bring about desired legislative changes, or more involved in influencing the development of government austerity measures or mandates? Should British Columbia's public sector unions be involved in or consulted during the mandate-setting stage of the province's Public Sector Employers Council model of collective bargaining? What use can be made of the Supreme Court of Canada's recent Labour Trilogy to advocate in favour of sought-after changes? What lessons can be learned from the Charterchallenge to Ontario's Bill 15, Putting Students First Act? What steps, if any, should Employers' Associations or employers take to improve coordination and knowledge sharing before bargaining begins? What steps, if any, should unions take in this regard?·        

Preparing communication strategies: What should be considered when planning communications to influence bargaining outcomes? What sort of communication between the employer and union members is permitted during the life of a collective agreement and leading up to or during bargaining? Are there any legal restrictions on union communications with its members? What is the appropriate use of communication plans during the term of an agreement? When should your bargaining communications plan commence? How should parties decide on the content of the message they will deliver? Who is the audience? Who should be involved in communications? When is it advisable to use media or the Internet to gain support for one's "side" in between bargaining rounds or during negotiations? Should parties hire professional Public Relations/Communications consultants? What should be the role of negotiators and lawyers in developing a communication strategy?

CONFERENCE ENDS
4:00 PM

www.lancasterhouse.com

Event Date: Thursday, December 10, 2015 (All day)

View brochure here: Managing Regulatory Risks: Compliance, Inspections And Investigations

The impact of regulation in the ongoing business operations of companies increases daily in complexity and scope. There is heightened pressure for general counsel, compliance officers, risk managers and outside legal advisors to assess, monitor and mitigate regulatory risk within static or decreasing budgetary envelopes. Achieving these goals is a complicated endeavor involving ever changing laws and regulations, while maintaining a good working relationship with regulators. This course is designed to provide valuable strategies for ensuring appropriate risk management strategies, managing reputational risk and dealing with the media in crisis situations, developing early measures for defence of regulatory claims, and managing litigation risks including class actions. Our expert faculty will provide their “lessons learned” and best practices for general counsel, in-house lawyers, compliance and risk management professionals dealing with these everyday challenges.

COURSE HIGHLIGHTS

  • Fundamentals of Compliance
    • What makes a good compliance professional?
    • Top five risk avoidance measures
    • Essential components of a good compliance program
  • Managing a Regulatory Investigation
    • Dealing with regulators: best practices
    • Remedies for unlawful administrative action
  • Litigation
    • Regulatory negligence claims
    • Due Diligence defence     

SPEAKERS

COURSE LEADERS

Joan Young, Co-Chair, B.C., Administrative and Public Law, McMillan LLP

GUEST SPEAKERS

Dr. Neil Campbell, Co-Chair, Competition and Trade, McMillan LLP
Christine Duhaime, Lawyer, Duhaime Law
Robin Junger, Co-Chair, Aboriginal and Environmental, Co-Chair,
Oil and Gas (B.C.), McMillan LLP
Lisa Parliament, Partner, McMillan LLP
Mark Reder, General Manager, Fleishman Hillard

Event Date: Thursday, December 10, 2015 (All day)

View brochure here: 4th Annual Anti-Bribery and Corruption Compliance: Coping With the Onslaught

Recent developments under the Corruption of Foreign Public Officials Act (CFPOA) have caught the attention of management and boards of directors across Canada that are now moving quickly to address their growing exposure under the anti-corruption regimes of Canada and other countries. Despite the initial lull in enforcement, Canadian authorities are beginning to establish a track record of corporate convictions and multi-million dollar penalties. The recent conviction and three-year sentence handed down to Canadian businessman Nazir Karigar and current pursuit of criminal charges against other individuals have also put executives on notice that they too will face the harsh consequences of violating the CFPOA. Under Canada’s new Integrity Regime, companies that do business with government also face suspension or debarment when charged or convicted under the CFPOA or similar foreign anti-corruption laws. Further, recent amendments to the CFPOA and new reporting requirements under the Extractive Sector Measures Transparency Act are providing expanded enforcement opportunities for the RCMP who are already investigating dozens of targets for anti-bribery offences.

On top of all this, many Canadian companies have to contend with anti-corruption measures under the US Foreign Corrupt Practices Act, the UK Bribery Act, and foreign host country regimes. What’s clear at this point is that compliance is no longer an option but rather a necessity to protect the core value of your company.

To help make sense of an increasingly complex enforcement and compliance environment, this course will provide an overview of the latest developments in Canada, the United States and other jurisdictions, deliver practical and effective solutions for the challenges facing Canadian companies in this area, and include insightful perspectives from the RCMP, in-house counsel, and a Canadian company that has been in the spotlight as a target of CFPOA enforcement.

COURSE HIGHLIGHTS

  • Introduction and Overview of the Anti-Corruption Landscape for Canadian Companies
  • Anti-Corruption Enforcement: The View from the Crown and RCMP
  • The US Foreign Corrupt Practices Act: What Canadian Companies Need to Know
  • An Industry Perspective on Anti-Corruption Enforcement and Compliance: The View from SNC-Lavalin
  • Importance of AML in your Anti-Corruption Compliance
  • The Perspective from In-House Counsel: Compliance Challenges and Solutions
  • Investigating Potential Breaches Within the Company and Dealing With Enforcement

SPEAKERS

CHAIR AND COURSE LEADER

John Boscariol, Partner, McCarthy Tétrault LLP

GUEST SPEAKERS

  • Ana Badour, McCarthy Tétrault LLP
  • Peter Brady, McCarthy Tétrault LLP (formerly GC of Vale)
  • Kari Chandler, Latham & Watkins LLP
  • Jonathan Drimmer, Deputy General Counsel, Barrick Gold Corp.
  • Les Dolhun, Royal Canadian Mounted Police
  • Steven Johnston, Alberta Justice, Specialized Prosecutions Economic Crime Branch (Calgary)
  • Claire Lewis, Groupe SNC-Lavalin, inc.
  • Frederic R. Miller, PricewaterhouseCoopers LLP
  • Patrice Poitevin, Royal Canadian Mounted Police David Porter, McCarthy Tétrault LLP
Event Date: Wednesday, December 16, 2015 - 13:00

In this user-friendly online training session, you will:

  • Learn about the responsibilities of the executor and the risk they face while performing these tasks;
  • Understand the coverage available and the benefits of executor liability insurance for both the executor and the lawyer; and
  • Learn how easy it is to provide executor clients with the protection they need.

https://cc.callinfo.com/cc/s/registrations/new?cid=1cgc6npr8sdv8

Event Date: Monday, December 21, 2015 - 10:00

Cases are won and lost at discovery. For over thirty years, David Markowitz has been studying American deposition and trial techniques, and presenting seminars to improve the skills of practising lawyers. Don’t miss Dave’s best-selling deposition seminar, adapted for a Canadian audience, in which he shares his 10 important goals of discovery, including avoiding undesired results.

Learn the value of question structure and how to deal with evasive and incomplete answers, the most important questions and techniques the best lawyers use, and a key component of any discovery — knowing when to stop asking questions. Through Dave’s keen ability to communicate and persuade, he will demonstrate powerful, practical methods for getting the most from your discoveries in the future.

Registerhttps://ers.snapuptickets.com/ers/online-registration-conference.cfm?y=ZWlkPTE0MjEmbGFuPWVuZw==

 

Event Date: Tuesday, December 22, 2015 - 02:00

Join Egil “Bud” Krogh as he tells the story of his early years in the Nixon White House, and the personal integrity issues that doomed the Presidency. Appointed at just 29 as staff assistant to the President’s counsel, Bud co-directed the infamous White House Plumbers unit, operatives tasked with fixing information links. From arranging a police badge for Elvis Presley, to the fat content in an American hotdog, and a botched nomination of a US Supreme Court Justice, Bud discusses with wit and wisdom how practising within the “Integrity Zone” could have changed the course of history.

Bud’s ethical lessons, learned through hard experience, are told in an impressively direct, thoughtful and compelling way by a man who now knows that he should have said “no” to the American President.

Registerhttps://ers.snapuptickets.com/ers/online-registration-conference.cfm?y=ZWlkPTE0MjgmbGFuPWVuZw==

Event Date: Wednesday, December 23, 2015 - 10:00

The next time you think that preparing witnesses is intuitive, or the next time you think that all a fact witness has to do is to tell their story, walk up to some strangers and ask them to spell their names — ask them to describe something that happened months ago! Testimony is far removed from a conversation. It is a precise and unnatural process that requires meticulous preparation — a skill that can be taught, but not one that you’ve encountered in a formal setting.

Even if you’ve represented hundreds of witnesses, you can improve your abilities and efficiency as an advocate, increase your winning percentage, and drastically reduce the stress of not knowing which way a witness might take you, or which way that witness might be led astray! Invest one day with experienced trial lawyer Dan Small, and discover new tips, tactics, and techniques to help make you a more effective advocate.

Register: https://ers.snapuptickets.com/ers/online-registration-conference.cfm?y=ZWlkPTE0MjImbGFuPWVuZw==

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