December 22, 2014 InForum Issue
In January 2012, Council approved a refocusing of the purpose and direction of Library & Information Services, moving away from a role as a publisher of legal information, as that service is provided by CanLII, the Courts, and various private publishing houses. The duplication of these services was deemed not an effective use of Society resources in alignment with the Society’s Strategic Directions and Priorities. The Society subsequently notified the membership of these changes in InForum and the Society Record.
The process of divesting the Society’s legal publication services has been ongoing since that date. The next phase in this project is ending the production and redistribution of lists of newly released decisions from the Courts of Nova Scotia and the Supreme Court of Canada.
For many years, Society staff in Library & Information Services have prepared a linked list of newly released decisions from the Courts of Nova Scotia for publication in InForum. This list was generated out of the same work to produce the Society’s online database, Law News Online, and print publication, Nova Scotia Law News, which indexed, digested and disseminated newly released decisions of the Courts of Nova Scotia. The print publication was discontinued and online database no longer maintained as of April 2012.
This linked list does not make use of information-sharing platforms – such as Twitter and RSS feeds – that have since emerged to provide this kind of current awareness. This is especially true of the excellent options available through CanLII, the online product owned by all the law societies in Canada.
Also, it is important to note that ceasing this service aligns with efforts by CanLII and the Courts to block indexing of Nova Scotia court and tribunal decisions by Google.
We are aware that the Courts receive complaints from the public about Nova Scotia court decisions appearing in Google search results. Publishing this linked list of new Nova Scotia decisions in InForum has permitted the circumventing of the Courts and CanLII’s efforts to block Google indexing of decisions. Ceasing the publication of the linked list will eliminate this unintended circumvention.
For these reasons, the Society’s preparation and publication of this list of new decisions ceased with the December 22, 2014 edition of InForum. The Society’s re-publication of new SCC decisions, with subject headings and summaries prepared by the Supreme Court of Canada, also ceased with the December 22, 2014, InForum issue.
Tools to customize your current awareness
To subscribe and receive notification of new SCC decisions directly, follow the links to the Mailing List and RSS Feeds on the Supreme Court of Canada Judgments website.
There are several freely available online alternatives available for practitioners to keep current in Nova Scotia case law.
The Courts of Nova Scotia provide Twitter feeds on the Court decisions webpage for decisions newly released from the Court of Appeal, Supreme Court, Provincial Court and Small Claims Court. If you do not have a Twitter account, you can simply click on the Twitter feed to review the decisions released each day.
Alternatively, CanLII provides RSS feeds for all 21 of its databases of Nova Scotia courts and tribunals. Each feed provides the style of cause, citation, date and five subject words describing the case. These subject words, while lacking precision, do assist in assessing relevancy.
Please contact Deborah Copeman, Librarian, with any questions or concerns.
In July 2014, Council approved adoption of the Federation of Law Societies of Canada’s National Discipline Standards. These will be effective on January 1, 2015 for the Nova Scotia Barristers’ Society.
These Standards are creating greater consistency in transparency, processes and timeliness with regard to complaints handling across the country. As we’ve seen in recent media reports from other provinces, significant public concerns remain around transparency and access to this type of information.
The Society has been a leader in compliance with these Standards, and all have been implemented in Nova Scotia for some time, with the exception of Standard #19 regarding online access to the discipline histories of our members. We will be adding this feature to the online Member Directory in early January 2015.
For purposes of this Standard, ‘discipline history’ refers to any public decision by the Complaints Investigation Committee (CIC) or a Hearing Panel. This does not include staff Letters of Advice, CIC counsels or cautions.
Council has determined that the histories available in the Directory will cover the period from 1993 forward – this is the date when all public discipline decisions from Nova Scotia were posted on CanLII.
It is important to note that all historic discipline decisions to be added are already publicly available from the Society, in files at the Prothonotary, or on CanLII. Making this information more easily accessible on the Society’s website is an important step in our commitment to transparency and protection of the public interest.
A number of Canadian jurisdictions have had this information available to the public through their member directories for some time. Council has determined that in addition to circulating this general notice to the membership, the Society will be writing to each individual member whose online membership record will be amended, in order to confirm the information that will be included on the website.
The next two editions of InForum will be published on Monday, December 22, 2014 and Monday, January 5, 2015. Please submit notices by noon on the Thursday prior to each publication.
The 2015 Publication schedule and submission guidelines for the e-newsletter are now available at the top of the InForum webpage.
InForum is the electronic newsletter for the Nova Scotia Barristers’ Society, published every second week on the Society’s website and emailed to lawyers and other subscribers. It provides regular updates on news and events of relevance to Nova Scotia’s legal profession, and is a forum for consultation and discussion.
Instructions for content submissions
Submissions to InForum are due by noon on Thursdays prior to each edition. Send notices in a plain text email or MS Word document (no graphics or PDF files please).
- News and notices – email to firstname.lastname@example.org;
- Career opportunities – submit online with this form: http://nsbs.org/node/add/job-posting;
- Volunteer & pro bono postings – submit online: http://nsbs.org/post/volunteer-pro-bono-opportunity;
- CPD & other events for lawyers – submit online: http://nsbs.org/node/add/event.
Please note: For the online submission forms, do not cut & paste text from an MS Word document directly onto the web forms; please remove formatting first via Notepad or another program.
Submit any InForum questions, concerns or suggestions to email@example.com.
The following media reports were published since the last edition of InForum:
N.S. law society defends decision barring Christian school students
Canadian Press/CTV News | Dec. 19, 2014
Dispute between Christian university, B.C. law society now court bound
Keven Drews, The Canadian Press
CTV News | Dec. 19, 2014
by NIKO BELL
Statement: TWU challenges BC Law Society in court
TWU.ca | Dec. 18, 2014
N.S. can't deny accreditation to Christian law school grads, lawyer says
THE CANADIAN PRESS / CTV News | December 16, 2014
By Michael MacDonald
TWU fights Nova Scotia decision to deny accreditation
BY JEREMY HAINSWORTH
Daily XTRA | Dec 16, 2014
Judge peppers TWU lawyer with questions: Judge finds B.C. university's community covenant puzzling
BY IAN MULGREW, COLUMNIST
VANCOUVER SUN | DECEMBER 16, 2014
Trinity Western begins arguments against NS Barrister’s Society
News 95.7 and Canadian Press | Dec 16, 2014
By Hillary Windsor
Trinity Western fighting Nova Scotia decision to deny accreditation: Nova Scotia Barristers' Society decision a blow to religious freedom, says university president
By Michael MacDonald, The Canadian Press
CBC | Dec. 16, 2014
Controversial Christian law school takes Nova Scotia's law society to court: TWU law students could find themselves on the outside after graduation
Sun News | December 16, 2014
By Kris Sims, "Culture Wars" correspondent
(Also live tweeted through the hearing @kris_sims)
Trinity Western University hopes judicial review in Nova Scotia will overturn law school’s accreditation ban
The Canadian Press / The Province | DECEMBER 15, 2014
BY MICHAEL MACDONALD
BY JEREMY HAINSWORTH
TWU Law School Blog:
- Dear Nova Scotia Human Rights Commission: what’s best for me is real freedom (Dec. 22)
- TWU v NSBS Day Four (Dec. 19)
- TWU v NSBS Day Three (Dec. 18)
- TWU v NSBS Day Two (Dec. 17)
- TWU v NSBS Day One (Dec. 16)
- One year later: from celebration to fighting for the right to exist (Dec. 12)
B.C. revokes consent for law school at Trinity Western University
The Globe and Mail | Dec. 11 2014
B.C. government pulls the plug on Trinity Western University's law school plan
THE PROVINCE | DECEMBER 11, 2014 9:47 PM
B.C. Christian law school loses provincial government's support
Canadian Press/CTV News | Dec. 11, 2014
TWU 'disappointed' with provincial decision to nix Christian law school
The Langley Times | Dec. 11, 2014
By Jeff Nagel - BC Local News
Trinity Western affair a trial of Canadian civility and tolerance
Special to The Globe and Mail | Dec. 11 2014
Inside the Empirical Turn: Trinity Western University v. Nova Scotia Barristers’ Society, 2014 NSSC 395
CanLII Connects | Dec. 5, 2014
by Léonid Sirota
Allnovascotia.com (subscription only)
- Receiver Appointed For Lawyer Hanson Dowell (Dec. 22)
- Bar Society Fights 'Biblical Repugnance' (Dec. 19)
- Brian Casey Fights For Christian Law School (Dec. 17)
This feature is available in every edition of InForum, for timely updates on changes of category.
The following member has changed to the Practising Lawyer category:
- Denika Pamela Heaton
(Dec. 10, 2014) L’Association des juristes d’expression française de la Nouvelle-Écosse (AJEFNE) is proud to announce the opening of its new centre, Accès Justice Access in Halifax. The official inauguration was held on November 21, to highlight the celebration of the AJEFNE’s 20th anniversary. (See the InForum article about the opening, available in both English and French.)
With a mandate to facilitate access to justice for all citizens, by offering free legal information in person, by telephone or via internet, in collaboration with resources that already exist, the centre will offer bilingual services aimed at offering services in French to the Acadian and Francophone population of Nova Scotia; a first in the province.
The project was made possible thanks to a grant of more than a million dollars by Justice Canada and the Roadmap for Canada’s Official Languages 2013-2018. The province of Nova Scotia also demonstrated its support of the project with an additional donation of $5,000 to the centre. The grant will span a four-year period starting 2014, during which time the Association will be working to build partnerships in the community. The center will need to secure additional funding to ensure the continuance of the project after the initial pilot project.
Mr. Réjean Aucoin, president of the AJEFNE, presided over the opening ceremonies in the presences of 50 dignitaries and guests. The Honourable Chief Justice Michael MacDonald; Sacha Baharmad, Commission of Official Languages of Justice Canada; Allan Damer, President of the Fédération des associations de juristes d'expression françaises de provinces de common law (FAJEF); and Tilly Pillay QC, President of the Nova Scotia Barristers’ Society, offered words of praise to the organizers for the success of the project.
Heather DeBert-Romilly, Executive Director of the Legal Information Society of Nova Scotia (LISNS), has expressed an interest to working in partnership with Accès Justice Access to offer complementary services for the Anglophone population of the region.
A partnership with the Fédération culturelle acadienne de la Nouvelle-Écosse will allow clients to receive services in a welcoming environment, which will let them discover the artists of Nova Scotia through a variety of art projects which will change every four months. Mélanie Morissey, a self-taught artist from Shédiac, was the first artist to be featured at the centre.
Accès Justice Access, is located at 1663 Brunswick Street, and offers service on site, by telephone and by email. Office hours are from 8:30 am to 4:30 pm from Monday to Friday. Free consultation with a lawyer will be available by appointment. (Please note, the office will be closed for the holidays, starting at 12:00 pm on December 24 until January 2, 2015 inclusively.)
For more information please contact:
Accès Justice Access / AJEFNE
663 rue Brunswick / 1663 Brunswick Street
Halifax (N-É) / Halifax NS B3J 3Z6
Telephone/ FAX: 902-433-2085
TOLL FREE: 1-844-250-8471
Ouverture officielle d’un centre d’accès à la justice bilingue
L’Association des juristes d’expression française de la Nouvelle-Écosse (AJEFNE) est fière d’annoncer l’ouverture du centre Accès Justice Access à Halifax. L’inauguration officielle du 21 novembre fut célébrée en présence d’une cinquantaine de personnes dans le cadre du 20e anniversaire de l’AJEFNE.
Le Centre permettra d’accroître l’offre de services juridiques dans les deux langues officielles en mettant sur pied un service d’information juridique et d’orientation axée sur les besoins de la clientèle acadienne et francophone de la Nouvelle-Écosse; une première dans la province.
Le projet, a été réalisé grâce à l’octroi de plus d’un million de dollars de Justice Canada et de la Feuille de route 2013-2018. Un soutien additionnel de 5000$ a été octroyé par la province qui appui pleinement le projet. L’octroi est échelonné sur une période de quatre ans et dès 2014, l’association doit trouver des fonds pour combler le manque à gagner
Réjean Aucoin, président de l’AJEFNE, a présidé l’ouverture en présences des dignitaires et invités. L’honorable juge en Chef Michael MacDonald; Sacha Baharmad de la direction des langues officielle auprès de Justice Canada; Allan Damer président de la Fédération des associations de juristes d'expression françaises de provinces de common law (FAJEF); et Tilly Pillay QC, présidente de la Barreau de la Nouvelle-Écosse, ont prit la parole pour féliciter les organisateur de la réussite de ce projet.
Heather DeBert-Romilly, directrice générale du Legal Information Society of Nova Scotia (LISNS), s’est dit intéressée à travailler en partenariat avec Accès Justice Access pour offrir des services complémentaires à la clientèle anglophone de la région.
Un partenariat avec la Fédération culturelle acadienne de la Nouvelle-Écosse, permettra aux clients de recevoir un service dans un environnement chaleureux qui leur laissera découvrir les artistes de la Nouvelle-Écosse par l’entremise d’œuvre d’art qui changeront aux quatre mois. Madame Mélanie Morissey, artiste acadienne autodidacte de Shédiac, était la première artiste dont les œuvres ont été mis en vedette.
Accès Justice Access, située au 1663 rue Brunswick offre des services sur place, par téléphone et par courriel. Les heures d’ouverture du bureau seront de 8 h 30 à 16 h 30 du lundi au vendredi. Une rencontre avec un avocat pour répondre aux questions des clients est offerte gratuitement sur rendez-vous. (Veuillez noter que le bureau sera fermé à compter du 24 décembre à 12 h jusqu’au 2 janvier 2015 inclusivemen.)
Pour en savoir plus, contacter :
Accès Justice Access / AJEFNE
663 rue Brunswick / 1663 Brunswick Street
Halifax (N-É) / Halifax NS B3J 3Z6
Téléphone/ télécopieur: 902-433-2085
SANS FRAIS : 1-844-250-8471
The Equity Committee of the Canadian Bar Association – Nova Scotia Branch established this Award to recognize a legal workplace striving to advance equity and diversity in the legal profession and/or the general community.
The importance of equity and diversity in the legal community has been much discussed in recent years. The Equity Committee wants to highlight legal workplaces that put thoughts into action by developing initiatives that champion equity and diversity.
All legal workplaces in Nova Scotia, with at least one CBA member in good standing, are eligible. A legal workplace is one that supports the practice of law and its primary role and can be a private firm or other business, legal aid, government, or a non-profit organization.
Excellence in Equity and Diversity can be demonstrated in many ways. The Nominations Committee will consider examples in the following areas, taking into consideration the available resources of the Nominee:
- employee hiring and promotion;
- workplace environment, including policies and practices that support lawyers from diverse backgrounds;
- employee training;
- relationships in the greater community;
- other examples of promoting equity and diversity.
The Award will be presented at the President's Reception, Marriott Harbourfront Hotel, January 28, 2015 5:00 - 6:00 pm. Free Admission for all attendees.
A written nomination must be submitted, by a CBA member in good standing, and must include:
- The Nominator's name, contact information, and CBA membership number;
- Confirmation that a representative of the Nominee organization, in a management role, has been advised of the nomination;
- Examples of how the Nominee organization fits the above-noted criteria of Excellence in Equity and Diversity.
For nomination forms and complete details, please visit CBA-NS:
Deadline: January 15, 2015
For more information, please contact:
Canadian Bar Association - Nova Scotia
5991 Spring Garden Road, Suite 1050
Halifax, Nova Scotia, Canada B3H 1Y6
Tel: (902) 422 1905
Fax: (902) 423 0475
Whether or not you believe in New Year’s resolutions, the end of year is a good time to reflect on your practice and think about the ways you can make small but significant changes to make 2015 even more prosperous. Here are a few suggestions:
- Waiting until the last minute to fulfil your CPD requirements might mean missing out on some great learning opportunities. Commit yourself to reviewing on a regular basis what’s being offered and complete relevant educational sessions that will benefit you and your practice.
- Familiarize yourself with the new Limitations of Actions Act. Document deadlines and file any actions that are to expire soon.
- Review your calendaring system. Does it sync up with your smartphone so you have easier access? Does your assistant have access to ensure it is up-to-date? Are you diarizing files before their due date to ensure you are adhering to deadlines?
- Review your filing system. Are you scanning received documents to be saved electronically? Does your naming convention work and is it consistent? Can you find requested documents with a simple click of a button?
- Review dormant files. Do they require any action? Should you follow up with the clients? Consider implementing a system that prevents a file from lying dormant for an extended period of time.
- Lastly, take the time to strengthen your relationships with your clients and colleagues. Make an effort to stay in contact with a client after their matter concludes. Become familiar with their business and legal needs; this allows you to anticipate what work is required rather than waiting for them to contact you.
A few simple changes can make help you avoid any errors that may result in the claim and take your practice from good to great. Take a moment to reflect on your accomplishments this past year and all the best in 2015!
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 firstname.lastname@example.org or call 902 423 1300 ext. 345.
LIANS has been made aware of a bogus cheque scam that has targeted a Nova Scotia firm in the last two weeks. The lawyer received a paper letter and cheque from “Frederick Stephen” with regard to a breach of a business loan agreement involving “Bertram Hubert”.
This scam is attempting to dupe a lawyer into transferring real funds from their trust accounts after having deposited the fake cheque received as payment from the supposed “debtor”. Please review a scan of the original letter and cheque (names redacted).
Although details in these letters may vary slightly, the scam process is consistent with commonly seen bogus cheque scam attempts. Any communication from these individuals may be simply dismissed.
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 email@example.com or 902 423 1300, x346.
The following article is from Homewood Human Solutions™, your health and wellness provider.
Do you start out the New Year making resolutions to improve your life? Typically the beginning of the year is a time when we take stock, and then strive to move forward to improve ourselves. However, there are also benefits to taking a step back to look at how far we have come and how we have so much in our lives to be thankful for.
Scientists have studied the numerous health benefits of gratitude and have concluded that those of us who take the time to appreciate what we have, and how much others have contributed to our success and wellbeing, tend to be happier, less envious of others and more resilient. In children, higher levels of gratitude are linked to higher grades, less materialism and fewer complaints of headaches and stomach aches. By adopting an attitude of gratitude, we can positively change our outlook on life and live a happier, healthier and more satisfying existence. Consider adopting some of the following techniques and practices to help cultivate gratitude in your daily life.
Keep a gratitude journal
A simple technique for counting one’s blessings is to keep a gratitude journal in which we record what we are most grateful for on a daily basis. This technique has been proven to increase happiness because it helps us to focus on the sources of goodness in our lives, regardless of the daily challenges we face.
There is no right way to journal – you simply need a notebook and pen. For those who are more technologically savvy, there is a gratitude journaling app available. Set aside ten minutes at either the start or end of your day for thoughtful reflection. Be as specific as possible when recording your thoughts. Try to avoid repeating the content of your daily entries. If you write “my dog, my home and my children” every day, you will lose the benefits of this practice. The point is to be present and conscious while taking time to reflect on your blessings.
It may be difficult for some to think of things to write, but researchers into gratitude have noted that once you begin to look for things in your life to be grateful for, you will begin to see them everywhere. The most important thing is to just get started!
Pay someone special a gratitude visit
Martin Seligman, a leader in the field of Positive Psychology, suggests that one of the best ways to foster gratitude is to pay a “gratitude visit”. To do this, think of someone who has made (or makes) a major difference in your life, but whom you’ve never properly thanked. Once you have someone in mind, write a detailed letter to him or her that expresses your appreciation in concrete terms. Then pay this individual a visit, but do not reveal the purpose of the visit in advance. Read your letter aloud, face to face, while making eye contact. This technique can be extremely emotional and rewarding for both the recipient and the giver.
Ask yourself three questions
A Buddhist meditation technique called Naikan (which translates to “looking inside”) invites us to reflect upon three questions: “What have I received from…?”; “What have I given to…?”; and “What troubles and difficulty have I caused…?”
This activity is helpful in addressing issues or difficulties in relationships. By allowing us to become more objective in our subjective view of daily experiences, it helps us to release unnecessary resentments and discover positive feelings of gratitude towards individuals who have helped and supported us.
Remember the bad
It may seem counter-intuitive to remember the bad things that have happened in our lives as a technique for cultivating gratitude, however, experiences that appear to be “clouds” often have “silver linings”. As unpleasant as things appeared at the time, when looking back we can see how they have helped us. We can feel gratitude for the lessons learned and for the support we received from family and friends. Over time, we can look at these negative experiences in a different light, and perhaps even include them on our gratitude lists.
Use positive language
The words we use have a direct impact on how we perceive and interpret life. Negative words have been proven to create feelings of sadness whereas positive words can help to bring us out of a bad mood. Ralph Waldo Emerson said, “We become what we think about all day long.” This certainly applies to gratitude. Using positive language such as “gift”, “blessed”, “fortunate” and “abundance” support our efforts to become more grateful. Words such as “regret”, “lack”, “need”, “loss” and “deservingness” have the opposite effect. Repeating sentences such as “I have so much to be grateful for” or “My life is truly blessed” helps us to stay positive and receptive to the many gifts in our lives.
Benefits to having an attitude of gratitude
- increased life satisfaction
- more energy
- better sleep
- bolstered immunity
- lowered stress levels
- improved social connections
- greater empathy
- more optimistic
- less materialistic
Use visual reminders
Forgetfulness and a lack of awareness are two of the largest barriers to living a life of gratitude. Visual reminders at home and at work help to support our efforts to sustain a mindset of thankfulness. Here are some suggestions for visual aids:
- Set an alarm on your cell or computer to go off at random times to remind you to take a minute to pause and count your blessings.
- Leave Post-it note reminders in various spots around your home or office.
- Create a collage of what you are thankful for and put this in a prominent place in your home or on your desk.
- Create a thank-you tree on your fridge – then each day, you and your family members can add sticky notes with something that you are grateful for.
A dedicated practice for cultivating gratitude will deliver the greatest benefits. Developing the habit of reflecting upon what you are thankful for each day requires very little time, no financial investment and it can improve your energy levels and life satisfaction. Albert Clarke said, “In our daily lives we must see that it is not happiness that makes us grateful but the gratefulness that makes us happy.” If you decide to cultivate a sense of gratitude, you may find it to be one of the best resolutions you will ever make.
For more information and support on finding gratitude, along with resources and counseling in other life topics, visit the NSLAP website at www.nslap.ca. Please note that NSLAP is your “company” name when you register. When you call the NSLAP number at 1-866-299-1299 (Français: 1-866-398-9505; TTY: 1-888-384-1152), your call will be answered any time, day or night, 365 days per year.
Archived webcasts are available for last week’s hearing into Trinity Western University's application for judicial review of the NSBS Council decision relating to TWU’s proposed law school.
The Complex Chambers Hearing took place at Nova Scotia Supreme Court from December 16 through 19, 2014, with the Hon. Justice Jamie Campbell presiding. To see video of the proceedings, visit the Archive of Recent Webcasts page on the Courts of Nova Scotia website.
As the hearing concluded on Friday, December 19, Justice Campbell told the court he expects to deliver a decision sometime in January or February. He also thanked lawyers representing all parties for their professionalism throughout the complicated hearing.
Visit the Society’s TWU public input page for links to the following legal briefs and other documents filed by the applicant (TWU), the respondent (NSBS) and a number of interveners:
- Respondent's Brief (NSBS) – November 18, 2014
- The Attorney General of Canada – November 7, 2014
- Association for Reformed Political Action (ARPA) Canada – October 28, 2014
- Canadian Council of Christian Charities (CCCC) – October 28, 2014
- Catholic Civil Rights League (CCRL) and Faith and Freedom Alliance – October 28, 2014
- Christian Legal Fellowship (CLF) – October 28, 2014
- Justice Centre for Constitutional Freedoms (JCCF) – October 28, 2014
- Evangelical Fellowship of Canada (EFC) and Christian Higher Education Canada (CHEC) – October 27, 2014
- Applicant's Brief (Trinity Western University) – October 20, 2014
- Affidavit of Darrel Pink – September 23, 2014
- Affidavit of Elise Chenier – September 23, 2014
- Affidavit of Mary Bryson – September 22, 2014
- Notice of Participation (NSBS) – June 23, 2014
- Notice for Judicial Review (TWU) – May 29, 2014
The Society’s preparation and publication of this list of new decisions will cease with the December 22, 2014, InForum issue. (For details, see Reminder: InForum new decisions list ceasing December 22.)
We urge all lawyers to establish their own current awareness regime. For tips on customizing your own current awareness using Twitter, RSS and email, see Keeping current.
In cases below where no link is present, the decision was not yet available on CanLII at the time of InForum publication. Consult the Courts of Nova Scotia Twitter feeds or Decisions Database. This notice has been prepared by Society staff in Library & Information Services.
CONTRACTS Bread Works Inc. v. Tan Coffee, S.C.K. No. 423199, Knudsen, Adjudicator, November 21, 2014. 2014 NSSM 66
CONTRACTS McInnis v. McGuire, Hfx. No. 429835A, Boudreau, J., December 11, 2014. 2014 NSSC 437
CONTRACTS C&C Technologies International, Inc. v. McGregor GeoScience Ltd., Hfx. No. 430818, Moir, J., December 15, 2014; December 5, 2014 (orally). 2014 NSSC 440
CRIMINAL LAW R. v. Muise, CR.H. No. 373467, Rosinski, J., December 13, 2013; April 10, 2013 (orally). 2013 NSSC 406
CRIMINAL LAW R. v. Muise, CR.H. No. 373467, Rosinski, J., December 13, 2013; May 1, 2013 (orally). 2013 NSSC 407
CRIMINAL LAW R. v. Muise, CR.H. No. 373467, Rosinski, J., December 13, 2013; May 2, 2013 (orally). 2013 NSSC 408
CRIMINAL LAW R. v. Liberatore, C.A.C. No. 426874, Fichaud, J.A., December 10, 2014. 2014 NSCA 109
CRIMINAL LAW R. v. Thompson, C.A.C. No. 418027, MacDonald, M. C.J., December 9, 2014. 2014 NSCA 111
CRIMINAL LAW R. v. Grant, No. 2665576, Atwood, J.P.C., December 9, 2014. 2014 NSPC 96
CRIMINAL LAW R. v. Cromwell, CR.H. No. 413196, McDougall, J., September 3, 2014; August 29, 2014 (orally). 2014 NSSC 322
CRIMINAL LAW R. v. Amey, No. 1730266; 1730267; 1730268; 1730861; 1808345; 1808346; 1808347; 1857462; 1857463; 1857464; 1860964; 1860967; 1862143; 1862144; 1862145; 1864360; 1867829, Curran, J.P.C., January 15, 2010. 2010 NSPC 100
CRIMINAL LAW R. v. Patterson, No. 2662814, Atwood, J.P.C., October 7, 2014. 2014 NSPC 101
CRIMINAL LAW R. v. M. (D.J.), Ant. No. 423519; 425809, Scaravelli, J., October 7, 2014. 2014 NSSC 370
CRIMINAL LAW R. v. L. (A.), CR.H. No. 413742, Arnold, J., December 18, 2014; November 12, 2014 (orally). 2014 NSSC 402
CRIMINAL LAW R. v. Piercy, No. 2649623; 2657767; 2649621, Atwood, J.P.C., December 9, 2014. 2014 NSPC 102
CRIMINAL LAW R. v. Whitehead, CR.H. No. 416886, Arnold, J., December 17, 2014; November 28, 2014 (orally). 2014 NSSC 439
EMPLOYMENT LAW R. v. R.D. Longard Services Ltd., No. 2690136; 2690137, Derrick, J.P.C., December 4, 2014. 2014 NSPC 100
FAMILY LAW MacPhee v. Doyle, S.F.H. No. 1201-064796, Legere-Sers, J., December 2, 2014; November 26, 2014 (orally). 2014 NSSC 424
FAMILY LAW Weese v. Weese, S.F.S.N.M.P.A.Y. No. 089592, MacLeod-Archer, J., December 9, 2014. 2014 NSSC 435
FAMILY LAW Waterman v. Waterman, C.A. No. 422372, Beveridge, J.A., December 11, 2014. 2014 NSCA 110
FAMILY LAW B. (P.G.) v. Nova Scotia (Community Services), C.A. No. 428759, MacDonald, M. C.J., December 17, 2014; December 11, 2014 (orally). 2014 NSCA 113
FAMILY LAW James v. Butler, Pic. No. 1205-002610, Hood, J., December 11, 2014. 2014 NSSC 438
INSURANCE Hatch Ltd. v. Factory Mutual Insurance Company, C.A. No. 429986, MacDonald, M. C.J., December 10, 2014; November 27, 2014 (orally). 2014 NSCA 112
INSURANCE Thompson v. RBC Life Insurance Company, Hfx. No. 348503, Campbell, J., December 9, 2014. 2014 NSSC 434
MOTOR VEHICLES R. v. MacDonald, Hfx. No. 426934A, Chipman, J., December 18, 2014; December 17, 2014 (orally). 2014 NSSC 442
MUNICIPAL LAW BM Halifax Holdings Ltd. v. Nova Scotia (Attorney General), Hfx. No. 427522, Edwards, J., December 17, 2014; November 27, 2014 (orally). 2014 NSSC 430
PRACTICE Skye Properties Ltd. v. Wu, Hfx. No. 427632, McDougall, J., October 22, 2014. 2014 NSSC 382
PRACTICE R. v. Clarke, CR.H. No. 346068, Coady, J., December 10, 2014; December 8, 2014 (orally). 2014 NSSC 431
PRACTICE Jewell v. Lincoln, Tru. No. 408788, Moir, J., December 11, 2014; November 28, 2014 (orally). 2014 NSSC 433
PRACTICE R. v. Clarke, CR.H. No. 346068, Coady, J., December 15, 2014. 2014 NSSC 441
WILLS AND ESTATES Baird Estate (Re), Pic. Probate No. 20947, Scaravelli, J., November 28, 2014. 2014 NSSC 427
WILLS AND ESTATES Baird Estate (Re), Pic. No. 418536; Probate Court File No. P-20947, Scaravelli, J., December 16, 2014. 2014 NSSC 444
The Society’s re-publication of this list of new SCC decisions will cease with the December 22, 2014, InForum issue.
For tips on customizing your own current awareness using Twitter, RSS and email, see Keeping current.
The following decisions were released on the Supreme Court of Canada Judgments website since the last InForum. The subject headings and summaries have been prepared by the Supreme Court of Canada. This notice has been prepared by Society staff in Library & Information Services.
December 12, 2014
Present: Abella, Rosalie Silberman; Cromwell, Thomas Albert; Moldaver, Michael J.; Wagner, Richard; Gascon, Clément
On Appeal from the Nova Scotia Court of Appeal.
The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 410405, 2014 NSCA 63, dated June 13, 2014, was heard on December 10, 2014, and the Court on that day delivered the following judgment orally:
Cromwell J. ― In our view, it was an error of law in this case not to leave manslaughter with the jury notwithstanding the position of the defence at trial. The appeal is dismissed.
December 11, 2014
Present: McLachlin C.J. and LeBel, Abella, Cromwell, Moldaver, Karakatsanis and Wagner JJ.
On Appeal from the Court of Appeal for Ontario
Constitutional law — Charter of Rights — Search and seizure — Search incident to arrest — Cell phone found on accused and searched without warrant — Text message and photos on cell phone introduced as evidence at trial — Whether general common law framework for searches incident to arrest needs to be modified in case of cell phone searches incident to arrest — Whether search of cell phone incident to arrest was unreasonable and contrary to accused’s right to be secure against unreasonable search or seizure — If so, whether evidence discovered in search should be excluded — Canadian Charter of Rights and Freedoms , ss. 8 , 24(2) .
Police — Powers — Search incident to arrest — Warrantless search of cell phone — Text message and photos on cell phone introduced as evidence at trial of accused — Whether common law police power to search incident to arrest permits cell phone searches — Whether search of cell phone incident to arrest was unreasonable and contrary to accused’s right to be secure against unreasonable search or seizure — Canadian Charter of Rights and Freedoms , s. 8 .
Two men, one armed with a handgun, robbed a merchant as she loaded her car with jewelry. The robbers grabbed some bags, one of which was filled with jewelry, and fled in a black vehicle. The police became involved very shortly afterward. At that point, they had not located the jewelry or the handgun. Later that evening, they located and secured the getaway vehicle, and arrested F and C. During the pat-down search of F conducted incident to arrest, police found a cell phone in F’s pocket. Police searched the phone at that time and again within less than two hours of the arrest. They found a draft text message which read “We did it were the jewelry at nigga burrrrrrrrrrr”, and some photos, including one of a handgun. A day and a half later, when police had a warrant to search the vehicle, they recovered the handgun used in the robbery and depicted in the photo. Months later, police applied for and were granted a warrant to search the contents of the phone. No new evidence was discovered.
On a voir dire, the trial judge found that the search of the cell phone incident to arrest had not breached s. 8 of the Charter. She admitted the photos and text message and convicted F of robbery with a firearm and related offences. The Court of Appeal dismissed an appeal.
Held (LeBel, Abella and Karakatsanis JJ. dissenting): The appeal should be dismissed.
December 10, 2014
Present: McLachlin, Beverley; Rothstein, Marshall; Cromwell, Thomas Albert; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard; Gascon, Clément
On Appeal from the Court of Appeal of Quebec.
The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005019-110, 2014 QCCA 321, dated February 20, 2014, was heard on December 8, 2014, and the Court on that day delivered the following judgment orally:
Karakatsanis J. — This is an appeal as of right on a question of law. We agree with the majority of the Quebec Court of Appeal that it was open to the trial judge to conclude beyond a reasonable doubt that the complainant would not have engaged in sexual relations had he known about the appellant’s HIV positive status. The fact that the trial judge also found that it was possible that the sexual relationship continued after disclosure, despite the complainant’s denial, does not necessarily render that first finding unreasonable. While it would have been preferable for the trial judge to more fully explain his reasoning relating to the complainant’s credibility, we are not satisfied that the trial judge erred in the analytical process set out in R. v. W. (D.),  1 S.C.R. 742, or that he failed to analyze the evidence as a whole relating to an ultimate issue. The appeal is dismissed.
December 9, 2014
Present: McLachlin, Beverley; Rothstein, Marshall; Moldaver, Michael J.; Wagner, Richard
On Appeal from the Supreme Court of Newfoundland and Labrador.
The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 13/05, 2014 NLCA 14, dated March 11, 2014, was heard on December 8, 2014, and the Court on that day delivered the following judgment orally:
The Chief Justice — In spite of the able argument of Mr. Mahoney, we are all of the view to dismiss the appeal for the reasons of Hoegg J.A.
The Provincial Court has several new Forms related to Rowbotham Counsel and now part of Rule 2.1(1). The Court has also created five new Practice Directives and documents related to applications for state-funded counsel. For the forms, directives and other documents, visit the Provincial Court's CRIMINAL RULES & FORMS PAGE.
The Federal Courts Rules Committee is seeking feedback from lawyers and the public on its Discussion Paper on Limited Scope Representation in the Federal Courts. The discussion paper is available in both official languages on the websites of the Federal Court of Appeal and the Federal Court. Please circulate it to your colleagues and others who may have an interest in providing their feedback and comments on this topic.
Federal Court of Appeal website:
Federal Court website:
To make written comments, please email or write by January 30, 2015 to:
Ms. Chantelle Bowers
Secretary to the Federal Courts Rules Committee
Federal Court of Appeal
90 Sparks Street
Ottawa, ON K1A 0H9
Effective December 1 and running through Phase 5 of the HVAC Project in The Law Courts, the Society will allow exclusive occupation of the Barristers’ Meeting Room in the lounge on the first floor to the Public Prosecution Service. This is necessary to accommodate the requirements of the PPS during this very challenging process.
We apologize for any inconvenience this causes. The remainder of the Barristers’ Lounge and gowning rooms will remain available to all lawyers.
The Society provides Wi-Fi and a telephone for lawyers’ use in the Barristers’ Lounge, as well as seating areas and work spaces (table and chairs).
The Society congratulates the following 14 lawyers – including two members of Council – on their new Queen's Counsel designations, announced December 12 by the Hon. Lena Diab, Minister of Justice and Attorney General:
- Nancy F. Barteaux QC, Halifax, Council Member At Large
- William L. Mahody QC, Council Member for Halifax District
- Paula Marie Arab QC, Halifax
- Paul J. Carver QC, Halifax
- Brian P. Casey QC, Dartmouth
- Robert David Chipman QC, Bridgewater
- Myrna L. Gillis QC, Bedford
- Dennis J. James QC, Truro
- John A. Keith QC, Halifax
- R. Bruce MacKeen QC, Guysborough
- Pamela J. MacKeigan QC, Halifax
- D. Peter Mancini QC, Halifax
- Barry J. Mason QC, Bedford
- Peter C. McVey QC, Halifax
The Queen’s Counsel designation is awarded annually to members of the legal profession to recognize exceptional merit and outstanding contributions to the legal community.
"This year's appointees have made significant contributions to their communities and to the justice system in Nova Scotia," said Ms. Diab. "I am proud to present them with this prestigious title."
Recommendations are made to cabinet by an independent advisory committee. Criteria include a minimum of 15 years as a member of the Bar of Nova Scotia, demonstrated professional integrity, good character and outstanding contributions to the practice of law.
The next deadline for applications or nominations will be in September 2015. Details and forms will be available on the Society’s website in the spring, on the Queen’s Counsel process page, and updates will be published in InForum.
In September 2014, the Minister of Justice announced a client service review of the Maintenance Enforcement Program. The Committee overseeing the review is interested in hearing from lawyers about their experience with the Program and their suggestions for improving the delivery of client services.
On January 22, 2015 from 1:00 to 3:00 pm, the Committee will be holding a focus group for lawyers. If you’re interested in participating in the focus group, please email MEPReview@novascotia.ca, and include your name and a telephone number.
The focus group will be held at the offices of the Department of Justice at 1690 Hollis Street, Halifax.
Attorney General and Justice Minister Lena Metlege Diab issued a ministerial directive on December 17, to clarify the use of Rehtaeh Parsons's name under the existing publication ban.
The directive, issued to the Public Prosecution Service, says no breach of the ban identifying Rehtaeh Parsons as the victim in the recent high-profile child pornography case, by media, or in any forum, will be prosecuted, unless her name is used in a derogatory way.
"The intent of this directive is to make it clear that the respectful use of Rehtaeh's name will not be prosecuted," said Ms. Diab. "This decision wasn't made lightly. I carefully considered the original intent of the law to protect victims, and I listened to the views of Rehtaeh's parents, supporters, legal experts and Nova Scotians. This directive strikes the right balance."
The directive clarifies the position the Public Prosecution Service has taken in providing advice to police, who have investigated a number of complaints since the ban was imposed in May. If the victim's name is used in a derogatory way, without respect, the director of public prosecutions can proceed with prosecuting a publication ban violation.
"Consultations with the attorney general have resulted in a directive which provides the public with a better understanding of those situations where prosecutorial discretion will be exercised to deal with publication ban breaches," said Martin Herschorn, director of public prosecutions. "Clarity was needed, and that's what this directive does."
Ms. Diab said it is important for the public to discuss issues in society that affect teens.
"I want Nova Scotians to talk about the important issues surrounding Rehtaeh's case," said Ms. Diab. "The publication ban was not intended to hinder those discussions. Educating teens and parents and raising awareness is part of Rehtaeh's legacy and that should continue."
The directive and a plain language explanation are available online at www.novascotia.ca/pps/ .
The Department of Labour and Advanced Education continues its consultation process for Phase 2 of the Workplace Health and Safety Regulations. Complete details are posted on the OHS page. Please note, the original December 19, 2014 deadline for comments/submissions has been extended to February 27, 2015.
As you may be aware, we are currently in phase two of a three-year consolidation and amendment of the regulations under the authority of the Occupational Health and Safety Act, which will form the Workplace Health and Safety Regulations (the "WHSRs"). The WHSRs are meant to be more user-friendly, ensure consistency with national standards, and improve workplace health and safety.
- Occupational Health;
- First Aid;
- Sanitation and Accommodation;
- Personal Protective Equipment;
- Excavation and Trenching;
- Blasting Safety;
- Confined Spaces;
- Surface Mine Workings;
- Occupational Diving; and
- Committees and Representatives.
- Discussion workshops (completed in November and early December 2014);
- Targeted focus groups (December 2014)
- "What We've heard" workshops (January and February 2015).
(December 11, 2014) More than 800 Nova Scotians shared their perspectives to help shape an action plan for the province's first sexual violence strategy.
The input helped identify key areas for improving services and supports for victims and families, where current gaps exist, and a need for more public awareness and education on the issue of sexual violence.
"We were encouraged by the volume of respondents," said Community Services Minister Joanne Bernard. "We have heard from Nova Scotians who have been impacted by sexual violence and from those who are interested in this issue and want to make a positive difference. We are taking this opportunity to share what we heard as we move forward with engagement and implementation strategies."
A key finding was that despite the good work of service providers, people do not know where to turn to get the support they need. Services are not accessible, visible or inclusive. There is also strong feedback about the need to improve co-ordination of providing services and supports across the province to victims and families.
"Ending and preventing sexual violence is a collective responsibility that will require the efforts of all Nova Scotians," said Ms. Bernard. "We're committed to continued engagement with the community to develop a provincewide response, where victims and survivors, and their families, can get the help they need and our society works to prevent sexual violence."
Meetings were held with over 60 representatives from more than 40 community groups and organizations to gain insights and guidance. Efforts are continuing with youth engagement to ensure their voices are heard.
Work began in April to develop Nova Scotia's first provincial sexual violence strategy, which will be available in 2015.
"This involves changing attitudes, values, beliefs and behaviours and requires a commitment from all of us," said Ms. Bernard. "We have heard that we need to work better together. We are committed to doing better."
The findings are available at http://novascotia.ca/coms/svs/what-we-heard/.
Nova Scotia will launch a new immigration stream in January called Nova Scotia Demand: Express Entry.
"The goal of Nova Scotia Demand: Express Entry is to provide a faster route for skilled immigrants to enter Nova Scotia in response to labour-market demands," said Immigration Minister Lena Metlege Diab in a December 18 announcement. "The Nova Scotia Office of Immigration will work with the private sector to ensure we get maximum use out of this new stream, and others available to them."
Nominees must be highly skilled, have post-secondary education and qualifications that will help them successfully settle in Nova Scotia.
To develop the stream, the Office of Immigration engaged with key partners, including private business, the Canadian Federation of Independent Business, immigrant settlement organizations and immigration law practitioners.
The stream comes with 350 new immigration nominations, bringing the total in 2015 to 1,050, up from 700 in 2014.
The nominations only partially reflect the total number of people able to move to Nova Scotia. For every nominee, their families, spouses and children are also included. In 2013, for example, Nova Scotia had 600 nominations, which resulted in 2,552 people immigrating to the province.
Nova Scotia will use the federal government's new intake system, Express Entry, for the stream. Provinces must use federal skills and qualifications criteria to select immigrants.
"We are pleased that Nova Scotia has achieved a 50 per cent increase in nominees in one year, but that is only a first step," said Wadih Fares, the national chair of the Premier's Immigration Advisory Council. "My fellow chair, Colin Dodds, and I, will continue to work with Nova Scotia's very engaged business community to embrace Express Entry.
"Nova Scotia is taking the opportunity that Express Entry provides very seriously and I believe this province has worked harder than any to ensure that business is able to take maximum advantage of the opportunity."
Nova Scotia Demand: Express Entry is a pilot project for 2015, replacing the Regional Labour Market Demand stream.
Dr. Wanda Thomas Bernard has been appointed chair of the Nova Scotia Advisory Council on the Status of Women.
"I'm delighted to have a woman of Dr. Thomas Bernard's experience and leadership chairing the advisory council," Joanne Bernard, Minister responsible for Status of Women, said in a December 18 announcement. "I look forward to working with the council to strengthen our collective understanding and responses to issues and opportunities affecting women and girls in our province."
Born in East Preston, Dr. Thomas Bernard is a highly respected social worker, educator, researcher, community activist, advocate and mentor. She served as director of the Dalhousie School of Social Work for 10 years, and was a founding member of the Association of Black Social Workers in 1979. She recently received the Order of Nova Scotia, and is a recipient of the Order of Canada.
"Women's rights are human rights and human rights are everyone's concern. I hope that I am able to make that particular message more widely known and acted upon," said Dr. Thomas Bernard. "I consider it a privilege and an honour to be appointed as chair, and have been a part of the council for the past three years. I look forward to the next phase of our work together."
Dr. Thomas Bernard will serve as chair for two years.
Established in 1977, the Nova Scotia Advisory Council on the Status of Women has 11 members representing women from a broad and diverse range of backgrounds and communities throughout the province.
For more information on the council, visit http://women.gov.ns.ca/about-council .
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/
- Directive Given About Publishing Rehtaeh Parsons's Name (Dec. 17)
- Nova Scotia Lawyers Receive Prestigious Designation (Dec. 12)
SERVICE NOVA SCOTIA: Find all news releases at http://www.gov.ns.ca/snsmr/
- Government Implementing Petroleum Price Volume Tracking System (Dec. 18)
- Streamlined Services for Restaurant, Accommodation Operators (Dec. 17)
AGRICULTURE--Sheep Industry Program Receives Government Support (Dec. 22)
COMMUNITIES, CULTURE AND HERITAGE--French-language Services Progress Report Released (Dec. 9)
- Program Will Help Nova Scotians Increase Employability (Dec. 17)
- Community Services Drug Program Streamlined with Family Pharmacare (Dec. 16)
- Hundreds Offer Input to Help Shape Sexual Violence Strategy Plan
ECONOMIC/RURAL DEVELOPMENT/TOURISM--Aerospace Manufacturer Plans Enfield Site Investment (Dec. 19)
EDUCATION/EARLY CHILDHOOD DEVELOPMENT
- Government Strengthens Day Care Regulations (Dec. 22)
- Guidelines for Supporting Transgender and Gender Nonconforming Students (Dec. 10)
ENERGY--New Interest in Nova Scotia's Offshore (Dec. 18)
ENVIRONMENT--20 Wilderness Areas, Nature Reserves Legally Protected (Dec. 15)
- Capital Plan Invests in Communities (Dec. 22)
- Government Offers Support for Nova Scotia's Craft Distilleries (Dec. 19)
- Province Issues December Forecast Update (Dec. 11)
FISHERIES/AQUACULTURE--Independent Aquaculture Regulatory Review Panel Releases Final Report (Dec. 16)
- Flavoured Products Consultation to Begin in January (Dec. 17)
- Procurement Consultant to Explore Home Care Options (Dec. 16)
- Health Labour Arbitration Deadline Extended (Dec. 15)
- Evaluation Finds Collaborative Teams Working Well, Makes Recommendations (Dec. 10)
HOUSING N.S.--First Springhill Family to Receive Home Through Habitat for Humanity (Dec. 17)
HUMAN RIGHTS COMMISSION--Human Rights Awards Presented at Cole Harbour Celebration (Dec. 10)
IMMIGRATION--Nova Scotia to Launch New Immigration Stream (Dec. 18)
INNOVACORP--Canadian Tech Companies Set Up in Emerging U.S. Tech Hub (Dec. 16)
LABOUR/ADVANCED EDUCATION/ENERGY--Offshore Workers to Be Better Protected (Dec. 18)
NATURAL RESOURCES--Government Seeks Public Input on Mineral Resources Act (Dec. 17)
N.S. BUSINESS INC.
- Lockheed Martin Canada Focuses on High-value, Innovative Export Product (Dec. 19)
- BioVectra Chooses Nova Scotia to Expand (Dec. 16)
- Cybersecurity Company Opens Global Active Response Centre (Dec. 10)
EMERGENCY MANAGEMENT OFFICE/ENVIRONMENT--Safety Tips for During, After a Flood (Dec. 11)
STATUS OF WOMEN--New Chair Appointed to Advisory Council (Dec. 18)
- Sydney River Bridge Opens to Vehicles (Dec. 22)
- Make Holiday Road Safety a Priority (Dec. 18)
The following proclamations were published in the Royal Gazette, Part II since the last issue of InForum:
Protection of Animal Welfare and Security Act, S.N.S. 2013, c.8, s.14 and An Act to Amend Chapter 33 of the Acts of 2008, the Animal Protection Act, S.N.S. 2014, c.40, s.8
NS Gaz Pt 2, 12/12/2014
NS Reg 185/2014
An Act to Amend Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, S.N.S. 2013, c.16, s.25
NS Gaz Pt 2, 12/12/2014
NS Reg 186/2014
This notice has been prepared by Society staff in Library & Information Services.
Memo from the Nova Scotia Department of Justice, Correctional Services Division
November 27, 2014
I am writing to advise you that after 66 years of service, the Antigonish Correctional Facility (ACF) and after 115 years of service, the Cumberland Correctional Facility (CCF) will close on January 7, 2015. As you may be aware, these two smaller correctional facilities are being decommissioned and replaced by the Northeast Nova Scotia Correctional Facility (NNSCF) set to open in early February.
The opening of a new correctional facility requires a high level of staff training and orientation. To accommodate this period of training, the ACF and CCF will close as of 0900 hours on January 7, 2015. Offenders who would otherwise be held in custody at the ACF and CCF will be held in one of the other correctional facilities in the province. The ACF and DDF will not be accepting newly sentenced or remanded offenders as of January 2, 2015 at 0900 hours.
Correctional Services will work closely with you during this transition to ensure the efficient transport of offenders for court appearances. Court Administrators will be asked to liaise with the judiciary to seek court times which will accommodate travel within the province if such arrangements are possible without disrupting the flow of the court operations.
The above process, although logistically challenging, is necessary to ensure the NNSCF correctional staff are provided with all necessary training and familiarization required for the operation of this new facility.
Please distribute this correspondence within your service as you consider appropriate. If you have any questions or concerns with this arrangement, please do not hesitate to contact Tim Caroll, Superintendent, NNSCF at (902)478-7982.
William A. (Bill) Smith
Executive Director, Correctional Services
December 10, 2014 -- Energy sector lawyer and former McInnes Cooper Managing Partner Wylie Spicer QC is rejoining the firm effective January 1, 2015. The long-time maritime law litigator and oil and gas lawyer will be based in Calgary, Alberta, joining fellow McInnes Cooper lawyer Peter Driscoll, already based in Calgary.
Spicer has been working with an international law firm in recent years, building his practice in the emerging areas of deep seabed mining, international maritime law, the Arctic and offshore oil and gas.
"Few Canadian firms have McInnes Cooper's level of expertise in this area,” said Spicer. “It's an increasingly valuable skill set, it's important to clients, and it has brought us back together in a meeting of the minds."
McInnes Cooper has been serving clients in Calgary and across Canada for many years. "We're excited to be able to enhance our Calgary presence through this match with Wylie's focus," said McInnes Cooper CEO and Managing Partner Ray Adlington. "Even though our offices are based in Atlantic Canada, our client reach is expanding geographically, so this is a great fit."
The Society wishes to advise members of the recent death of the following colleague. We extend our condolences to his friends and family.
- C. Hanson Dowell QC, Middleton – December 18, 2014
See the Notice of Receivership.
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 2015-2016 academic year is December 31, 2014. Successful candidates will be notified by April 15, 2015.
For application details and more information, visit www.canadian-institute.com.
Shared office space available for rent, commencing January 1, 2015 with three independent, experienced lawyers, in the Mumford Professional Centre in the west end of Halifax.
Large, furnished corner office with separate paralegal station. All infrastructure in place, including shared conference room, telephone system, fax, computer server, copier, scanner, etc.
For more details, contact Bill Sutherland at 902-445-2500 Ext. 7
Cragg Law seeks a motivated, ambitious and energetic lawyer to join our practice. The successful candidate will be responsible for handling a variety of matters and service our existing clients with the possibility of developing his or her own niche area.
The position will require the ability to work independently but remain part of our close-knit team. The successful candidate must possess excellent organizational, interpersonal and written communication skills. Pay will be based on a fee-splitting arrangement. Apply by January 5, 2015 to firstname.lastname@example.org or mail or fax your resume and cover letter to Ste. 10, 2625 Joseph Howe Drive, Halifax, NS B3L 4G4, Fax: (902) 429-0016.
Legal Counsel 1-3 (LF1-3)
Manitoba Prosecution Services
Advertisement Number: 29611
Salary(s): LF1-3 $70,394.00 - $141,999.00 per year
Closing Date: December 29, 2014
An eligibility list may be created for similar positions and will remain in effect for 6 months.
Manitoba Prosecution Service is responsible for prosecuting most offences in Manitoba. These offences are identified in provincial statutes, the federal Criminal Code of Canada and The Youth Criminal Justice Act.
Conditions of Employment:
- Must be legally entitled to work in Canada.
- Satisfactory Criminal Record Search.
- Satisfactory Adult Abuse Registry Check.
- Satisfactory Child Abuse Registry Check.
- Eligible for membership or membership (in good standing) with the Law Society of Manitoba.
- Must be legally entitled to work in Canada.
- Litigation experience in the practice of criminal law.
- Superior oral communication and presentation skills.
- Superior written communication skills.
- Superior interpersonal skills.
- Excellent analytical skills.
- Demonstrated effective case management.
- Excellent organizational skills with the ability to effectively meet short deadlines.
- Ability to work independently.
- Experience and proficiency with computer software packages including legal research applications, MS Word and Outlook or equivalents.
- Prosecutions experience.
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 charges 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 Service. Evening and weekend work may be required. The successful candidate must be willing and able to travel, including overnight stays.
Manitoba Prosecution Service offers an attractive benefits package and a defined pension plan and provides opportunities for development.
Human Resource Services
Winnipeg, MB, R3C 3J7
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 resumé 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, resumé and/or application must clearly indicate how you meet the qualifications.
Burchell MacDougall is seeking a property paralegal to cover a maternity leave in its Clayton Park office. The applicant should have previous experience with mortgage document preparation, title insurance applications, on-line registration, preparation of LRA forms, reports and, generally, working in a transactional environment.
Please send applications to email@example.com
Successful history with customer service, corporate experience, reception experience, property experience.
Will gladly provide resume/recommendation letters to those who are interested.
Please email me @ firstname.lastname@example.org
The Law firm of Noseworthy Di Costanzo Diab requires a full time Property Paralegal.
Interested candidates must have a post secondary legal secretarial/paralegal course, with at least 2 years of previous experience working as a property paralegal, specifically working with purchases, sales, title migrations and condominium transactions.
Proficiency in typing, dicta-typing, file management, property online processes, and PC Law is considered an asset.
The successful applicant must have excellent interpersonal and verbal/written communication skills.
Please forward resume in confidence to:
Noseworthy Di Costanzo Diab
6470 Chebucto Road
Halifax, NS B3L 1L4
THE LANDSCAPE OF GRAND PRE SOCIETY / La Société du Paysage de Grand-Pré
Call for Statement of Interest: Standing Offer for Legal Services
The Landscape of Grand Pré Society, through its Board of Directors, known as the Stewardship Board, wishes to contract for Legal services to assist in its operation.
The Landscape of Grand Pré Society is a not-for-profit society.
- The Landscape of Grand Pré Society intends to attain the status of a federally registered charity. Legal services for the Society should be considered within this context.
Costing and Terms
Quotations for the provision of service should be proposed on an hourly basis. All prior-approved expenses will be paid at cost. Substantiated invoices will be required monthly. Travel expenses will be reimbursed only if the travel is specifically requested in writing.
The initial contract will be in effect until March 31 2016. The contract may be renewed annually for up to three (3) years, and may include revised rates approved by the Stewardship Board.
The following criteria will be used for legal counsel selection in addition to the submitted hourly rate.
- Substantiated experience and comprehensive knowledge of the governance challenges of Nova Scotia not-for-profit societies and charities
- Experience and comprehensive knowledge of Nova Scotia Labour law, specifically its application for employees and management of Nova Scotia not-for-profits and federal charities
- Experience in advising small Nova Scotia organizations on terms and conditions for contracted resources
- Experience in advising/guiding Nova Scotia not-for-profits in their establishment as federal charities
One or more Standing Offers of Legal Services may be selected.
- Be in good standing with the Nova Scotia Barristers Society
- Be available for local meetings.
- Be available to respond promptly to email or other requests for advice to the Landscape of Grand Pré Society as required
Proposal terms and conditions
Expressions of Interest and quotation of hourly rate are to be submitted by 12:00 noon January 9, 2015 by e-mail only to email@example.com.
Are you interested in gaining hands-on experience in a wide variety of areas of law including entertainment law, intellectual property law, wills and estates, tax or just have an interest in the needs of local artists? If so, ALIS might be an organization that would interest you!
For the position of Corporate Secretary you will be required to join the Board of Directors. The role responsibilities include administration of internal board processes such as meeting minutes and agendas, as well as enforcing board policies. You will also work closely with the Vice Chair to manage the interactions between the various sub-committees including finance, programming and volunteers.
The Board of Directors meets monthly and meetings generally last 1-2 hours, and your total monthly time commitment should range between 6-10 hours. As Director, you would sit on the Board for a term of one year, namely January 2015 – 2016. There is a possibility to extend your term should you desire to.
Are you interested in gaining hands on experience in a wide variety of areas of law including entertainment law, intellectual property law, wills and estates, tax or just have an interest in the needs of local artists? If so, ALIS might be an organization that would interest you!
We have an active board where each director participates in chairing different committees within the Board. The Board of Directors meets monthly and meetings generally last 1-2 hours. The overall monthly time commitment should run between 6-10 hours, according to your involvement with activities occuring in each specific month.
As Director, you would sit on the Board for a term of one year, namely January 2015 – 2016. There is a possibility to extend your term should you desire to. We are seeking directors who are interested in event organization and fundraising.
Whether you are trying to get launched on the right career path, move up the corporateladder, or find more meaningful work, How to Find a Job You Love and Add Five Days to Your Weekend will help you get on the right track.Should you attend this one-day course?
Just ask yourself: Do any of these statements apply to me?
- I feel under-valued by my employer and should be making more money
- I’m working in a dead-end job with no opportunity for promotion
- I’m bored in my current job and want more responsibility and challenge
- I’m well educated but just can’t seem to get started in the right career
- I’m seeking a better work/life balance
- I want a meaningful job that aligns with my values
- I’ve been laid off and need to know I am properly prepared for the new job search
I am changing careers and need to make a strong case that my experience is an asset
If you answered yes to one or more statements, this one-day course (9:00-4:30pm), delivered by one of Canada’s most experienced executive search consultants, will be of benefit to you. Click here for more information and to register.
Our substantive program for wills and estates practitioners has been designed to address pertinent and timely questions that pertain to the law, as well as explore the questions posed by clients and faced by lawyers, in this important area of practice.
Our substantive program for family law practitioners has been designed to address pertinent and timely questions that pertain to the law, deliver an examination of legal issues that lie at the intersection between family law and other areas of law, and explore questions of ethics in this important area of practice.
Join our panelists, Rollie Thompson, Julia Cornish, Ann Levangie and Cynthia Chewter, to discuss "The Ins and Outs of Matrimonial Property Law Reform". Hear about the inclusion (or not) of common-law couples, and business and pre-marital assets, and the harmonisation (or not) of pensions.
Immediately following will be our fourth annual "meet and greet" with local family law practitioners, Schulich faculty, and interested students. co-hosted by the CBA-NS Family Law section, this annual event has been a great success, giving students and practitioners alike the opportunity to mingle and connect. Snacks and refreshments will be served. Hope to see you there!
Please RSVP to Cherilyn.firstname.lastname@example.org by Friday, January 16, 2014.
Our substantive program for residential real estate law practitioners has been designed to address pertinent and timely questions that pertain to the law, provide updates, and explore questions posed by clients and faced by lawyers in this important area of practice.
Medical Aid in Dying: Reflections on the Quebec Experience
Member, National Assembly of Quebec
- Light lunch set out by noon in the Faculty Lounge (Rm 312).
- Time is allotted for questions and discussion.
- No registration required.
- No fee.
- All Welcome!
Series hosted by the Dalhousie Health Law Institute with sponsorship generously provided by Schulich School of Law and the CIHR Training Program in Health Law, Ethics, and Policy (www.hlep.ca)
Advising family-owned businesses often brings together a mix of business law, estate planning, tax and even mediation skill sets. From basic matters such as the identity of the client in a familial business setting, through to ownership, succession, compliance and growth concerns, matters for legal counsel abound. Our substantive program on the issue has been designed to address pertinent questions pertaining to the law, and explore questions posed by clients and faced by lawyers.
For franchisors and franchisees, an awareness of provincial franchise legislation is of the utmost importance in forestalling any exposure to business, compliance and reputational risk. For counsel advising them, that awareness must be coupled with other concerns relevant to the operation of their clients, from employee management to trademark issues, and from financing to restructuring. Our substantive program on franchise law has thus been designed to address pertinent questions for practitioners, and to deliver timely updates.
This program presents an educational opportunity for civil litigators. Pithy and information packed, with two hours of easily accessible, relevant, and re-visitable information for the busy litigator, the program will cover three timely litigation topics. Stay on top of developments with a program presented by our faculty of seasoned counsel.
Immigration law has undergone myriad changes over the past half decade, and the pace of change continues apace. For the busy practitioner, staying abreast of it all requires the acquisition of legal updates and know-how in as efficient a manner as possible. Thus, whether a seasoned professional or just starting out, highly specialized or doing it all, this program provides a pithy, practice-oriented approach to the enhancement of your knowledge and skills.
CBA Nova Scotia Mid-Winter Conference
January 29 and 30, 2015
Join with your colleagues to hear from experts and leaders in the legal world at this signature event of the year while earning a total of 12 CPD hours. This conference will offer two full days of concurrent sessions including two morning plenaries.
Don't miss out! Register now at http://www.cbapd.org/details_en.aspx?id=NS_MIDWIN_15.
For the injured, the pursuit of redress and care as legally available can be both complex and intimidating. It is the role of the personal injury law practitioner to render the complex simple, and the intimidating approachable. As part of that process, which is essential to serving their clients, such practitioners must constantly keep abreast of evolutions in both law and process. Our substantive program on personal injury law has been designed to address pertinent legal questions, and explore the kinds of questions posed by clients and faced by lawyers.
Our annual program dedicated to the practice needs and challenges of female lawyers once again promises presentations by thought-provoking, high-achieving, experienced and innovative female practitioners. From thoughts on female lawyers as public servants to insights on career progression as sole or small firm practitioners, register to gain new perspectives, super-charge your career strategy, and acquire best practices. The program is designed to assist female lawyers in the attainment and preservation of successful practices, thus ensuring their retention within the legal profession.
CBA Nova Scotia Bench and Bar Reception and Dinner
Casino Nova Scotia
January 29, 2015
We are proud to host a Bench and Bar Reception and Dinner on Thursday, January 29th at the Casino Nova Scotia with special guest Ian Hanomansing, Canadian television journalist with the CBC.
Don't hesitate and miss out on this popular social event of the legal year.
Buy your ticket(s) now by going to: http://www.cbapd.org/details_en.aspx?id=NS_BB_2015
The Directors College, a joint venture of The Conference Board of Canada and the DeGroote School of Business at McMaster University, offers participants a Chartered Director (C. Dir.) designation upon completion of the five-module program.
The Chartered Director program focuses on practical governance issues, as well as the cultural and behavioural aspects of good governance. Board members and senior executives gain understanding of both the processes and behaviours that underpin today’s best practices in corporate governance.
Module 2: Leadership and Strategy
Learn how to collaborate with management to establish a clear, deliverable, corporate strategy in which all board decisions can be anchored.
- Learn how to select the best mix of board members who understand the scope and requirements of the job.
- Learn how the board and CEO relationship works, and the value of an effective succession-planning process.
- Understand how the board and human resource/compensation committees work to achieve appropriate CEO and director compensation.
- Know what questions to ask about the corporate IT strategy, management, and performance.
- Understand the type of information that baords require for ensuring that corporate risks are identified, controlled, mitigated or translated into opportunity.
- Learn how to capitalize on the individual strenghts of your board team in tackling problems and issues.
Register online at thedirectorscollege.com
Join us January 31, 2015 for an in-depth look at skilled trade workers.
This Continuing Professional Development program will provide attendees with an understanding of skilled trade workers in Canada and their options for immigrating to Canada.
Presented by Vance Langford, LL.B the Skilled Trade Workers seminar will cover a variety of topics related to Canadian immigration. Topics include:
- Requirements for eligibility to work in Canada and the evaluation of foreign credentials by provincial regulators.
- Tips for overcoming inadmissibility and preparing work permit applications.
- The variety of permanent residence programs, including Federal Skilled Trades Class, Provincial Nominees and the Canadian Experience Class and how each will be impacted by the introduction of the new electronic immigration management system, Express Entry.
The Skilled Trade Workers CPD Seminar has been accredited by the ICCRC for 5.5 CPD hours.
The Social Justice Soiree With MC Peter Harrison of C100FM
During the event the Third Annual “Irving and Ruth Pink Award for Youth Development and Social Justice” will be presented to an individual or organization working with youth in N.S.
Saturday, January 31st, 2015
Reception – 5:30
Dinner Buffet – 6:30
Presentation of Award – 8:00
A tribute to Ruth Pink –8:30
Dance – 9:00
Dress: Semi Formal to Formal
Where: Held in the Compass Room of Casino Nova Scotia
Tickets: $100.00 per person (cash, cheque or credit card).
All proceeds go to Dalhousie Legal Aid Service for our continued efforts on behalf of the low income community in Nova Scotia. Call Reena at 902-423-8105 or email email@example.com for more information or for tickets to the event.
Purchase tickets by credit card online here: http://socialjusticesoiree.bpt.me
A silent auction will also be held during the event.
If you are unable to attend, please consider purchasing a ticket for a student or community member.
The Commons Institute presents a morning program on patents and trademarks law. Join us for three hours of practice-oriented information from five experienced practitioners, covering topics such as IP remedies, theCopyright Modernization Act, the legalities of online selling, and the U.S. Supreme Court's Decision in Alice v. CLS Bank.
The Commons Institute presents an afternoon program on the law of pharmaceuticals and life sciences. Join us for four hours of practice-oriented information from eight experienced practitioners, covering topics such as patent infringement, biosimilars, regulatory developments, and amendments to the Patent Act.
From matters concerning compliance to the management of externalized projects, 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.
Premised on the resolution of disputes through the activation of contractual rather than state-sponsored mechanisms, the understanding and promotion of arbitration is of critical importance to commercial actors, legal practitioners and academics. In furtherance of the objectives that underpin commercial arbitration, the topics within this program are focussed on practicalities. Utilizing the insight and expertise of seasoned professionals, this program has been designed to both provide updates, and to upgrade knowledge and skills.
Technological advancements, the prevalence of international business deals, and a trans-boundary marketplace have rendered cross-border litigation a persistent reality. In response, this half day program aims to cultivate practitioner skills by delving into examinations of selected and topical cross-border litigation concerns. Who should attend? Corporate counsel, other corporate officers responsible for the management of litigation, heads of law firm litigation departments, litigation practitioners, policymakers, academics and anyone involved in managing and solving complex litigation.
From digital music through to errors and omissions and celebrity representation, this year’s Entertainment Law Informer promises updates and legal perspectives from no less than eight seasoned practitioners, all within a compact, half day format. Join us for what promises to be a broad-based and enlightening program on entertainment law.
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 half day program has been developed with the mining practitioner in mind. With a focus this year on matters as diverse as anti-corruption and international joint venture agreements, we have been successful in bringing together great minds in Canadian mining law for a series of presentations that will ensure you remain at the vanguard of developments.
- The event begins at 6 pm with cocktails and a dinner to follow at 7pm.
- Tickets are $100 per person.
- Tables of eight can be reserved as of Monday afternoon, December 15 by calling 902-746-3580.
- Reservations for this event are limited.
- Sales of individual tickets will begin on Wednesday, December 17.
- Tickets will be on sale at the Rodd Grand Hotel and Convention Centre in Yarmouth.
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 program, premised on the perspectives of an august faculty of pace-setters, is about the application of the code to the landscape within which lawyers practice today.
Typical of a dynamic and rapidly growing area of concern, Aboriginal Law possesses interesting challenges and unavoidable considerations for legal practitioners as well as industry. Far from being the largely self-contained area of endeavour of a decade or two ago, Aboriginal Law now arguably possesses cross-practice or generalist implications in areas as diverse as corporate, mining, and municipal law. Issues in need of exploration and greater understanding include the duty to consult, the consultation process, claims litigation, and treaty rights, to name a few. Aware of the importance of this rapidly evolving area of law, The Commons Institute has created an annual full-day program with presentations and discussions by an august and experienced faculty. This program is well suited to legal counsel in various fora, industry actors, Aboriginal leaders, and jurists.
Our program dedicated to Municipal Law will once again bring practitioners together to examine pertinent issues and trends, gain insights, and strengthen competency in this important area of law. This year’s program will include presentations on municipal government litigation and liability, environmental issues, closed meetings and councillor conduct, and employment law for the municipal law practitioner, among others. Providing a mix of practice-oriented substantive law and professionalism topics over the course of a full day, the Municipal Law program is dedicated to the success and growth of municipal law practitioners.
Constitutional and human rights advocacy occupies a place of fundamental importance for a society ruled by law. For practitioners engaged in such advocacy, client representation necessarily takes on the hues of social design. It is thus of some importance to review the lay of the land, and gain perspectives. Join us for a pithy and information-packed quarter day program focussed on jurisprudence and trends in this area of law.NOTE: Live webcast start times for this program may be rather early in some provinces, but this does not affect archived webcast start times or USB delivery dates.
Whether you are in a think tank, in-house, in private practice, in government or just interested in environmental law, our program promises to inform your practice needs. Thus, from jurisprudential updates to climate change adaptation, you won’t want to miss this opportunity to gain a deeper understanding of environmental law considerations.