INFORUM

August 15, 2016 InForum Issue

Society news

(August 15, 2016) – The Nova Scotia Barristers’ Society will not apply for leave to appeal to the Supreme Court of Canada in the case involving Trinity Western University. With the benefit of advice from legal counsel, the Executive Committee of Council accepted the Executive Director’s recommendation to take the matter no further.

“The Society remains deeply committed to equity and diversity in Nova Scotia’s legal profession,” said President R. Daren Baxter QC, TEP. “These issues are clearly important to members of the profession and the public across the province. The Society will continue making it a priority to advance equality and diversity issues in the practice of law.”

Council confirmed this commitment on July 22 by approving the 2016-2019 Strategic Framework, which guides all Society activities and articulates a new strategic priority “to promote equity, diversity and inclusion in the legal profession”. Among its specific initiatives:

  • promote substantive equality and freedom from discrimination in the delivery of legal services and the justice system;
  • engage with justice sector players and equity-seeking communities to enhance access to legal services and the justice system;
  • respond to the Calls to Action of the Truth and Reconciliation Commission; and
  • advance cultural competence and inclusiveness in the legal profession and the justice system.

Also last month, the Society introduced a new Professional Standard in Equity and Diversity for lawyers and firms. During Pride Week, the Society joined CBA-NS in participating in the Halifax Pride Parade for the first time, and hosted a workshop for legal employers on best practices for inclusion of LGBTQ staff. 

Then on July 26, the Nova Scotia Court of Appeal dismissed the Society’s appeal of the Nova Scotia Supreme Court ruling in favour of TWU. The Court found that the regulation relating to the Society’s conditional approval of TWU’s law school is ultra vires, or beyond its current authority under the Legal Profession Act. Council will now be asked to amend that regulation to comply with the Court’s decision.

Council’s original 2014 decision about the proposed law school followed extensive input from the public and the profession, and reflected the Society’s longstanding commitment to equity, diversity and inclusion. See the TWU matter page for more details.

Law societies in Ontario and British Columbia have also taken issue with the discriminatory aspects of TWU’s Community Covenant, which all students must agree to follow as an admission requirement of the university. In June, the Ontario Court of Appeal found in favour of the Law Society of Upper Canada and TWU has indicated its intent to appeal that ruling to the Supreme Court of Canada. The Law Society of British Columbia awaits a decision from the appeal court in that province. 

The following media reports were published since the last edition of InForum:

Lawyers Weekly | August 19, 2016 print issue / online Aug. 15 
by donalee Moulton

Nova Scotia's law society won't appeal Trinity Western ruling to Supreme Court
​Canadian Press (CTV, Globe & Mail and other media outlets) | August 15, 2016

Nova Scotia Barristers' Society won't appeal Trinity Western ruling to Supreme Court 
Society had argued school's community covenant discriminated against gay people
CBC News | Aug 15, 2016
By Blair Rhodes

Court ‘loathe to intervene’ with order to subpoena Nova Scotia Crown lawyers
Canadian Lawyer Legal Feeds | August 11, 2016
by Yamri Taddese/

COLUMN/ Metro Halifax | August 09, 2016
by Stephen Kimber

Allnovascotia.com (subscription only)

  • Lyle Howe Escapes Regulators New Charge (Aug. 10)   
Council

Ellen R. BurkeThe Nova Scotia Barristers’ Society is pleased to welcome Ellen R. Burke of Patterson Law’s litigation group. Based in New Glasgow, she’s the new member of Council for Central District. She was appointed by Council on July 22, to fill a seat left vacant when Frank E. DeMont QC became the Society’s Second Vice-President.

The Governance and Nominating Committee made the recommendation following a recruitment and selection process that invited all lawyers in Central District to apply. Ms. Burke practises primarily family law with Patterson Law and is an active member of the Pictou County Bar, a board member of Big Brothers Big Sisters in Pictou County, and a member of the New Glasgow Rotary Club.

Find out more about Ellen in her bio on the Current Council page of the Society’s website. 

Credentials

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:

  • Lindsay Michelle Silliker
Professional development

The Society is pleased to introduce desktop access to the Irwin Law eBook Collection and Emond Working With The Law eBook Collection, offering full-text Canadian legal commentary for members.

Find the Lawyers’ Reading Room on the horizontal red navigation bar once you’re in the Member Login area of the Society’s website.

Emond Working With The Law eBook Collection requires a secondary login:

  • Remember the user name
  • Highlight and copy the password
  • Click on the Emond banner to log in

Irwin Law eBook Collection requires “two clicks” to enter:

  • Click on the Irwin Law eBook graphic
  • Click on the Irwin Law Collection link
  • Once you’ve selected an ebook to view, click on the green banner for fulltext access

We invite your feedback on this new service. For assistance or information, please contact Library & Information Services at nsbslib@nsbs.org, 902 425 2665 or 1 866 219 1202 (toll free).

ADMINISTRATIVE TRIBUNALS

  • HEARINGS BEFORE ADMINISTRATIVE TRIBUNALS / Macaulay, Robert W; Sprague, James L.H — 5th ed. — Toronto: Carswell Thomson Reuters, 2016. [KB 36.A2 M117H 2016]

CONSTRUCTION INDUSTRIES

  • JOURNAL OF THE CANADIAN COLLEGE OF CONSTRUCTION LAWYERS 2016 / Vogel, Sharon C; Alter, Matthew R; Machum, D. Geoffrey; Quinn, Bernard P; Samuels, Brian — Toronto: Carswell Thomson Reuters, 2016. [KB 42 V878 2016]

CORPORATION LAW

  • CORPORATE LAW AND PROCEDURE / McCann-Smith, Patricia; Alexander, Tamra; Barney, Victoria — Toronto: Emond Montgomery, 2016. [KB 109 M121 2016]

CRIMINAL INVESTIGATION / POLICE QUESTIONING

  • APPLIED ISSUES IN INVESTIGATIVE INTERVIEWING, EYEWITNESS MEMORY, AND CREDIBILITY ASSESSMENT / Cooper, Barry S; Griesel, Dorothee; Ternes, Marguerite — New York: Springer, 2013. [KB 92 .C9 C776 2013]

DISCRIMINATION IN EMPLOYMENT

  • HUMAN RESOURCES GUIDE TO MANAGING DISABILITY IN THE WORKPLACE / Gowan, Nancy J — 2d ed. — Toronto: Carswell Thomson Reuters, 2016. [KB 60 G722 2016]

EVIDENCE

  • RULES OF EVIDENCE: A PRACTICAL APPROACH / Gulycz, Michael; Kelly, Mary Ann; Cochran, Doug — 2d ed. — Toronto: Emond Montgomery, 2016. [KB 192 G971 2016]

JUDICIAL REVIEW OF ADMINISTRATIVE ACTS

  • JUDICIAL DEFERENCE TO ADMINISTRATIVE TRIBUNALS IN CANADA: ITS HISTORY AND FUTURE / Robertson, Joseph; Gall, Peter; Daly, Paul — Markham, Ont. LexisNexis Canada, 2014. [KB 32 R651 2014]

MEDIATION

  • MEDIATION: A COMPREHENSIVE GUIDE TO EFFECTIVE CLIENT ADVOCACY / Simmon, Martha E — Toronto: Emond Montgomery, 2016. [KB 125 .A7 S592 2016]

NEGOTIATION

  • GETTING TO YES: NEGOTIATING AGREEMENT WITHOUT GIVING IN / Fisher, Roger; Ury, William — 3d ed. — New York: Penguin Books, 2011. [KB 199 .S4 F535 2011]

OCCUPATIONAL HEALTH AND SAFETY

  • THE CAREFUL WORKPLACE: SEEKING PSYCHOLOGICAL SAFETY AT WORK IN THE ERA OF CANADA'S NATIONAL STANDARD / Shain, Martin — Toronto: Carswell Thomson Reuters, 2016. [KB 60.O3 S526 2016]

ORGANIZATIONAL CHANGE

  • REINVENTING ORGANIZATIONS: A GUIDE TO CREATING ORGANIZATIONS INSPIRED BY THE NEXT STAGE IN HUMAN CONSCIOUSNESS / Laloux, Frederic; Wilber, Ken Nelson Parker, 2014. [KB 267.P2 L212 2014]
  • REINVENTING ORGANIZATIONS: AN ILLUSTRATED INVITATION TO JOIN THE CONVERSATION ON NEXT-STAGE ORGANIZATIONS / Laloux, Frederic; Appert, Etienne Nelson Parker, 2016. [KB 267.P2 L212I 2016]

PROBATE LAW

  • MACDONELL, SHEARD AND HULL ON PROBATE PRACTICE / Macdonell, Ian McLean; Hull, Ian M; Popovic-Montag, Suzana — 5th ed. — Toronto: Carswell Thomson Reuters, 2016. [KB 153 M137 2016]

TAX EVASION

  • INTERNATIONAL TAX EVASION IN THE GLOBAL INFORMATION AGE / Kerzner, David; Chodikoff, David W — Toronto: Irwin Law, 2016. [KB 80 K39 2016]

WITNESSES

  • INVESTIGATIVE INTERVIEWS OF CHILDREN: A GUIDE FOR HELPING PROFESSIONALS / Poole, Debra A; Lamb, Michael E — Washington, DC: American Psychological Association, 1998. [KB 192 P822 1998]
  • JEOPARDY IN THE COURTROOM: A SCIENTIFIC ANALYSIS OF CHILDREN'S TESTIMONY / Ceci, Stephen J; Bruck, Maggie — Washington, DC: American Psychological Association, 1995. [KB 192 C388 1995]

The new Law Practice Management program is designed to equip lawyers and managers in the legal profession with the knowledge, skills and competencies necessary to effectively and strategically manage a practice. 

Developed by Dalhousie’s Faculty of Management Executive Education unit, this program is offered in partnership with the Schulich School of Law. For complete details and registration information for the fall session, see www.dal.ca/execed/lpm.

Running a legal practice requires not only a strong grasp of the law, but also the skills to run a business. The details of running your office – marketing & social media, human resources, client care, finances, and sales – on top of practising law can be overwhelming, and may require you to draw on skills that were not necessarily part of your legal education. This program, taught by experienced leaders from legal practice and faculty in the Rowe School of Business, will develop the practice management skills you need to keep your business competitive and growing.

Program content

The program consists of six half-day modules, which may be taken stand-alone, and one full day capstone course. Registration in individual modules is permitted. However, completion of modules one through six is the pre-requisite for registration in module seven. A Certificate in Law Practice Management will be awarded upon completion of all seven modules.

Fall 2016 Schedule

Friday, October 14, 2016
Module 1: Introduction to Running the Law Practice as a Business

Friday, October 14, 2016
Module 2: Client Care

Saturday, October 15, 2016
Module 3: Law Practice Human Resource Management

Saturday, October 15, 2016
Module 4: Law Practice Sales and Marketing

Friday, October 28, 2016
Module 5: Financial Matters

Friday, October 28, 2016
Module 6: The Law Practice: Beyond Partnerships

Saturday, October 29, 2016
Module 7: Capstone Module: Interactive Case Study – Module seven is the capstone course, bringing together the learning from each module into an interactive, group-based case study. Completion of modules one through six is the prerequisite for registration in module seven.

Who should take this program?

This program is intended for practising lawyers, managers involved in running a law office, and law students preparing to enter practice.

Faculty

Our Faculty's backgrounds cover a broad spectrum of industry, consultancy, legal practice, politics and academia. Their diverse knowledge, skill and expertise will provide a rich classroom experience of practical application and relevancy to managing a law practice.

  • Dr. Ramon Baltazar is Assistant Professor of Management in the Rowe School of Business;
  • Lisa Gallivan is a partner at Stewart McKelvey;
  • Dr. Eddy Ng is a Professor and the F.C. Manning Chair in Economics and Business in the Rowe School of Business;
  • Prof. Jim Power is a Professor in the Rowe School of Business, as part of the Accounting area group;
  • Prof. Dan Shaw is a Professor in the Rowe School of Business; and
  • Prof. Graham Steele is a Professor in the Rowe School of Business.

Key takeaways

  • Learn how to apply business theory to the management of a law practice
  • Be able to create and execute on a relevant strategic plan
  • Achieve enhanced financial performance
  • Improve team dynamics and engagement
  • Create effective sales and marketing strategy

Participants who complete all the requirements of the Certificate program receive a Certificate of Completion in Executive Education, jointly issued by the Faculty of Management and the Schulich School of Law.

Access to Justice

Ottawa, August 12, 2016 — The federal government should immediately fill vacant judicial seats in order to reduce court delays hobbling the criminal justice system in Canada, a Senate committee has recommended.

In an interim report released August 12 called “Delaying Justice is Denying Justice: An urgent need to address lengthy court delays in Canada,” the Senate Committee on Legal and Constitutional Affairs gave an overview of the committee’s progress in its study of court delays.

In response to the urgent need to reduce court delays, the report offers practical and achievable remedies to restore movement to a system paralyzed by complacency.

The report makes four recommendations:

  1. That the federal government work with provinces, territories and the judiciary to improve case management practices and to reduce the number of unnecessary court appearances.
  2. That the federal government take immediate steps to ensure a more effective appointment system is put in place so that judicial vacancies are promptly filled. The committee notes that many judicial appointments go unfilled for lengthy periods of time.
  3. That the federal government work with the provinces and territories to explore the implementation of restorative justice programs, alternative courts and shadow courts.
  4. The committee recommends investing in technology to modernize and increase the efficiency of criminal proceedings, and to reduce the warehousing of accused people in remand centres.

Failure to act will lead to more criminals on our streets, traumatized victims and to a loss of public confidence in the justice system.

While senators finalized this interim report, a recent Supreme Court of Canada ruling set time limits for court cases beyond which a delay is presumed to be unreasonable. Senators note the court’s stinging criticism of the status quo.

The committee will release a comprehensive report on court delays in 2017. However, the urgency of the situation cries out for solutions that can be implemented quickly. The recommendations contained in this interim report could meaningfully improve the administration of justice in Canada.

Quick Facts

  • In 2013-14, the median time between the laying of a charge to the case’s final disposition was 123 days in Canada’s provincial courts. In the country’s superior courts, the median completion time was 514 days.
  • In the July 2016 case of R. v. Jordan, the Supreme Court of Canada placed limits on court delays. If the delay exceeds 30 months in superior courts, or 18 months in provincial courts, it will be considered unreasonable and charges will be stayed unless the Crown can show “exceptional circumstances.”
  • A Quebec police operation against alleged Hells Angels members called SharQc resulted in serious criminal charges laid against 156 people. Over 30 accused people were released due to delays and five men facing murder charges were freed after the Crown did not promptly turn over evidence.

The Senate is on Twitter @SenateCA; follow the committee using the hashtag #LCJC.

The Law Reform Commission of Nova Scotia has released a Discussion Paper on family property division. The paper proposes a number of reforms to the Matrimonial Property Act and related areas of law. The paper is available online, here.  

The goal of the Commission’s proposals is a fair, effective and accessible system for dividing family property at the end of a relationship. The proposals respond to societal changes and the experience of Nova Scotians under the current law, which has not been substantially amended since it was introduced in 1980. Improving access to justice for families experiencing separation and divorce is a key objective.

Among other things, the Commission proposes that common law partners should be entitled to a division of property on the same basis as married spouses, after two years of continuous cohabitation.

The Commission proposes a change to the current law, so that the value of assets and debt acquired by either spouse or partner prior to cohabitation should be presumptively excluded from division. Business assets should be presumptively included. 

The proposals also deal with trusts established by a spouse or a third party, pensions, debts, and how to divide property after one spouse has died.

The Commission invites comments on these proposals and the others in the paper. We are pleased to accept written submissions, and Commission staff are available to receive comments by phone or in person. We ask that comments be submitted by August 31, 2016

The Commission has also published a public survey, for a general audience. It is designed to be user-friendly and accessible to non-lawyers. Members of the Nova Scotia Bar are invited to bring the survey to the attention of their clients and other interested organizations and members of the public. The survey is available here

The paper and survey are also available from the Commission’s website: www.lawreform.ns.ca. Print copies of the paper are available upon request. 

Tips from LIANS

LIANS staff receive some telephone calls that we are not always able to answer. Recently we received a voice mail message from an unknown caller (he failed to leave his name) and to a number that did not have a voice mail option (making it more challenging to return his call). With that in mind, here are some tips to ensure your voice mail recipients will return your messages:

  • Don’t leave a voice mail message if it is not important; rather, send an email or text message.
  • If you must leave a voice mail message, be sure to leave your name and the telephone number where you can be reached. Repeat your number (slowly!) in case the recipient is trying to capture it in writing.
  • Leave a brief and concise message outlining the purpose of the call. Think bullet form! Make sure to indicate whether action is required by the recipient so they may prioritize your call.
  • Let the recipient know specific times during which they can reach you. This will avoid the dreaded “phone tag”.
  • If you are calling from a mobile device, be aware of background noise. 

Good voice mail etiquette can help all of us be more efficient and productive!

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.

We have received several reports from Nova Scotia lawyers who’ve received the following scam attempt from “Volker Ritzinger”. When a lawyer responded, the reply was follows:

I loaned Mr. Blackwell $685,000 on a fixed interest rate of 7.75% for two years, he has refused to pay me back the principal and interest. We signed a promissory agreement which i will send to you after you finish running your conflict check.

The promissory note will give you a better understanding about the loan.

The name of the party involved is SEAN BLACKWELL.

I am currently in Japan, where am working on a project till the end of August 2016. Below is the best address and telephone numbers to reach me :

Address : Kita-Koshigaya 3-12-5-301 Saitama-Ken Japan

Japanese Tel : +81355328888

Canadian Tel : 289-271-4512

You can always reach me on my Canadian number, is working over here in Japan.

I got your contact information from the online Lawyers Directory as a result of my search for a reliable firm to provide legal services.

Thanks for your time and effort.

Waiting to hear from you.

Kindest regards,

Volker Ritzinger

This has been confirmed as a scam attempt – 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 cnield@lians.ca or 902 423 1300, x346.

Some people have experienced a serious illness, some have been in an accident, some experience injuries from working on a factory floor, and others experience pain from working at their desk. Both employers and employees play an important role in staying healthy and preventing injuries from occurring.

Read "Disability Prevention Tips At Work", from Homewood Health™, your health and wellness provider.

For more information and support in preventing disabilities at work, 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.

Courts

August 11 notice from the Courts of Nova Scotia

Updated version of the consolidated Civil Procedure Rules and Forms, including amendments approved on June 24, 2016, is now online: http://courts.ns.ca/Civil_Procedure_Rules/cpr_home.htm

Province

Dear Member:

In the fall of this year the Advisory Committee on Queen’s Counsel Appointments, chaired by the Honourable Justice Cindy A. Bourgeois, will consider candidates for the next Queen’s Counsel appointments.

The criteria for these appointments are:

(a) fifteen years or more as a member of the Bar of Nova Scotia as of September 30, 2016 and eligible to practise law in Nova Scotia;

(b) demonstrated professional integrity, good character and outstanding contributions to the practice of law through one or more of:

(i) recognition by other members of the profession as an exceptional barrister or solicitor,

(ii) exceptional contributions through legal scholarship, teaching or continuing legal education,

(iii) demonstration of exceptional qualities of leadership in the profession, and

(iv) engaging in activities of a public or charitable nature in such a way as to raise the esteem in which the legal profession is held by the public;

(c) the Advisory Committee on Queen’s Counsel Appointments is asked to consider regional, gender and minority representation among the persons recommended for appointment as Queen’s Counsel.

In order to be considered as a candidate for a Queen’s Counsel appointment, you must apply or be nominated pursuant to this request. Applications and nominations from previous years will not be considered.

A complete application or nomination package must consist of:

  1. An original and one copy of the Authorization for Disclosure of Information and Release Form; and
  2. An original and twelve copies of the following documents:

(a) Application or Nomination Form;

(b) Information form. (Ordinarily the information will be confined to the Form provided. However, if you find the space on the Form insufficient, you may provide up to an additional two pages. Material exceeding the additional two pages will not be forwarded to the Committee); and

(c) Two Letters of Reference. (One letter is to come from within the Bar or Judiciary. The second letter is to come from outside the Bar and Judiciary.)   

These forms are available on the Queen’s Counsel process page of the Nova Scotia Barristers’ Society website.

Persons may either apply personally or may nominate a member of the Bar. All applicants will be treated equally by the Committee whether they are nominated, or whether they apply personally.

Your complete application or nomination must be received by Justice Bourgeois no later than 4:00 pm, Friday, September 30, 2016. It may be mailed or delivered to:

Advisory Committee on Queen’s Counsel Appointments
c/o The Honourable Justice Cindy A. Bourgeois
The Law Courts, 1815 Upper Water Street
Halifax, NS B3J 1S7

Thank you for your attention to this matter.

Sincerely,
Tilly Pillay QC
A/Deputy Minister of Justice

Government released a progress report on the work of the province's first sexual violence strategyon Wednesday, August 3. The report, which covers activities from the launch of the strategy in June 2015 to spring 2016 shows that people and community groups from one end of the province to the other have participated in the strategy.

"This has been a very exciting year. One thing we heard loud and clear when developing Breaking the Silence, was that community involvement had to be at the centre of any efforts to deal with sexual violence in Nova Scotia," said Joanne Bernard, Minister of Community Services. "We agree, and I'm happy to say that communities have jumped right in. Hopefully more people will see this as their strategy, not just government's."

Actions in partnership with communities over the last year include:

  • creation of community support networks
  • creation of a sexual violence strategy training committee
  • creation of a sexual violence strategy public awareness committee
  • $1.25 million in Community Support Network Grants
  • professional development sessions for 211 and 811 employees
  • $650,000 in Prevention Innovation Grants
  • hosting a Mi'kmaq community engagement gathering

The strategy's training committee has been meeting monthly for over a year to develop widely accessible online training. They have incorporated a critical analysis of the root causes of sexual violence such as sexism, racism and homophobia.

"Because sexualized violence is so prevalent, it is of vital importance that organizations and individuals have access to training that both addresses the root causes and provides practical, evidence-based information on how to support victims and survivors," said Dee Dooley, youth programs co-ordinator at YWCA Halifax and volunteer member of the training committee.

"The hope is that this training will be widely used and, in turn, positively impact victims and survivors of sexualized violence by reducing secondary wounding and retraumatization when accessing supports."

An interdepartmental committee is reviewing government policies and procedures related to sexual violence. The committee may make recommendations to ensure those policies work better together when responding to sexual violence.

Upcoming work under the strategy includes the launch of an awareness campaign in the fall, a second round of applications for Prevention Innovation Grants, and the expansion of sexual assault nurse examiner services in eastern and western Nova Scotia.

The strategy's progress report can be found at http://novascotia.ca/coms/svs/

The Nova Scotia Department of Justice has embarked on a project that will enable lawyers, their assistants and paralegals to conduct estate searches by remotely accessing online the Department’s estate management system (EMA) for inquiry purposes only. This project is the first step with the ultimate goal being to provide full electronic filing in the future.

This initial access will allow you to search for estate information available on the EMA system. It will also allow you to view many actual filed estate documents, including wills, which have been uploaded into Filenet and made available on the EMA system. Please note that the scanning and uploading of filed probate documents is ongoing and only a portion of the filed probate documents are currently available at this time. The department is currently scanning and uploading documents for all new estates being filed.

I would like to welcome you to this service should you wish to participate. As a participant, you will be provided with access to the Nova Scotia estate management system (EMA) for an initial annual flat fee of $100.00. To participate, you will require a computer and Internet access (at your own cost). Access to this data will be provided with an approximate implementation date of July 18, 2016.

If you wish to participate in this initiative, which will allow you to access the estate management data from your home or office, please contact us at EMAOnline@novascotia.ca. You will be provided with a proposed user agreement to review and sign, if you wish to apply. Once you submit a signed user agreement and cheque, you will receive a user ID and password, together with instructions on accessing the service.

We are working continuously to improve the quality of this new service and would welcome you to advise us in the event you discover any discrepancies or other issues with the uploaded documents by reporting same to EMAOnline@novascotia.ca.

 

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/

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

ACADIAN AFFAIRS

  • National Acadian Day is Aug. 15 (Aug. 11)
  • Acadian Flag Licence Plate Sales, Renewals Promote Acadian and Francophone Culture (Aug. 8)

BUSINESS — Progress Continues on Bringing High-Speed Internet to More Rural Communities (Aug. 15)

COMMUNITIES, CULTURE AND HERITAGE

  • Canadian Black Government Leaders to Meet in Ontario (Aug. 9)
  • Better Access to Nova Scotia's History (Aug. 8)

COMMUNITY SERVICES — Sexual Violence Strategy Progress Report (Aug. 3)

FINANCE/TREASURY BOARD — Public Accounts for 2015-16 Released (Aug. 9)

HALIFAX CONVENTION CENTRE CORP. — Audiovisual Partner Named (Aug. 5)

HEALTH/WELLNESS — Horseback Riding Program Receives Mental Health Grant (Aug. 12)

HUMAN RIGHTS COMMISSION — Thomas v. Halifax Regional Water Commission Complaint Dismissed (Aug. 8)

NATURAL RESOURCES

  • Travel Restrictions Lifted for Cape Breton (Aug. 15)
  • Province Announces Restrictions During Wildfires (Aug. 8)
  • Healthy Bat Colony Discovered (Aug. 4)

NS BUSINESS INC. — 2015-16 Annual Report Available (Aug. 11)

WATERFRONT DEVELOPMENT CORPORATION — New Request for Proposals Issued for Nova Scotia Signature Resorts (Aug. 12)

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.

Other news

August 10 memo from Donald G. Harding QC, Chair, Nova Scotia Legal Aid Commission

As you may know, Karen Hudson QC was appointed as Deputy Minister of Justice effective Monday, August 8th. The Nova Scotia Legal Aid Commission and its staff are excited about this appointment and wish her well in her new position.

I am pleased to inform you that Anne Malick QC has been appointed as Acting Executive Director as we undergo the process of appointing the next Executive Director of NS Legal Aid. Anne will be acting as ED on a part-time basis. The rest of the Executive team will continue to work with Anne and the Commission. The Executive is happy to have Anne stepping in to support them through the transition.

Many of you know Anne from her work with NSLA including her involvement in projects after her retirement (You can check out, but you can never leave as Karen was fond of saying). Here are a few highlights from Anne’s career:

  • Longtime member of the Nova Scotia Legal Aid team, Staff Lawyer, Deputy Director and Service Delivery Director until her retirement in 2012.
  • During her tenure at Legal Aid, senior litigator and an active participant on various committees and a leader in many initiatives. Upon retirement, acted in a consultative capacity with Legal Aid.
  • Her volunteer contributions in her community and the legal community have earned her various awards, including recipient of the Nova Scotia Barristers’ Society Distinguished Service Award in 2010.

Anne can be contacted through the Office of the Executive. We are glad to have Anne’s leadership through this transition and welcome her back.

Yours truly,
Donald G. Harding QC
Chair, Nova Scotia Legal Aid Commission

August 14, 2016, OTTAWA - René J. Basque QC, a partner in the Moncton law firm Actus Law Droit, became President of the Canadian Bar Association (CBA) at the close of the 2016 CBA Legal Conference in Ottawa on August 14. He will serve a one-year term, succeeding Janet Fuhrer of Ottawa.

QUICK FACTS

  • Fluently bilingual, René Basque was admitted to the bar in 1989.
  • He is the first Acadian to head the CBA, a national member association.
  • Basque pledges to make the CBA a “big tent” in which all groups and individuals will be included and feel heard.
  • “Being a francophone from New Brunswick, I am very sensitive – and very interested – in making sure that the CBA is responsive to the origins, to the culture, and to the individuality of all its members,” he says.
  • At a time when the CBA itself is poised to undergo important changes, he promises to be an agent of change who will put the needs of the CBA’s members at the heart of the decision-making process.
  • “Our efforts will be directed to connecting our members with the people, the knowledge and the skills that will help them practise law successfully in Canada,” he says. “We will carry on cultivating an inclusive, engaged professional community – both in person and online. This is the heart of our identity as an organization.”

Read the rest of the CBA’s August 14 announcement online. 

You are being invited to participate in a research study conducted by Professor Jacob Shelley, and law students, Gabriella Levkov and Michelle Noonan at the Faculty of Law, Western University. 

Briefly, the study involves a short multiple choice online survey regarding scientific evidence in the legal profession. Participation in the survey is completely voluntary, confidential, and independent of your professional responsibilities, and identifiable information will not be collected. Your participation should only take 10-15 minutes.

To participate in this study please click on the link below to access the letter of information and survey link.
https://uwo.eu.qualtrics.com/SE/?SID=SV_7V5C5eGahJ3LaRv

If you have any questions or comments regarding this study, please do not hesitate to contact us.

Thank you,

Jacob J. Shelley
Faculty of Law & School of Health Studies
Western University

Canada is committed to real reconciliation with Indigenous peoples, and the National Inquiry into Missing and Murdered Indigenous Women and Girls is an important step on this path to end the unacceptable rates of violence against Indigenous women and girls.

On August 3, Carolyn Bennett, Minister of Indigenous and Northern Affairs, along with Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada, Patty Hajdu, Minister of Status of Women, announced the five commissioners who will lead the Inquiry as well as the Terms of Reference for the National Inquiry.

Canada is grateful to the survivors, families, loved ones and grassroots women's organizations, front-line, feminist Indigenous organizations, national Indigenous organizations, as well as well as provinces and territories, and experts who provided input during the pre-inquiry process. The input received through the 18 sessions and the online survey helped shape the Inquiry that the Commissioners will now be leading.

The Commissioners have the background, characteristics and experience we heard was necessary in the pre-inquiry design phase to lead this Inquiry.

The Commissioners are:

  • The Honourable Marion Buller, Chief Commissioner
  • Michèle Audette, Commissioner
  • Qajaq Robinson, Commissioner
  • Marilyn Poitras, Commissioner
  • Brian Eyolfson, Commissioner
  • The Terms of Reference for the Inquiry were also released today.

The National Inquiry will be funded by the Government of Canada, with the participation and full co-operation of all the provinces and territories. Together, the federal, provincial and territorial governments have ensured the Inquiry has the necessary mandate and tools to help bring this national tragedy to an end.

In response to the pre-inquiry recommendations, the Government also announced today $16.17 million over four years for the creation of Family Information Liaison Units in each province and territory and to increase Victims Services funding to provide culturally-appropriate victims services for families of Missing and Murdered Indigenous Women and Girls and survivors of violence. The Family Information Liaison Units will provide centralized, dedicated resources for families of missing or murdered Indigenous women and girls and gather the information families are seeking on their behalf. These services will be provided in a respectful and co-ordinated manner during the Inquiry.

I am seeking a will or anyone who took instructions for a will for Darryl Joseph O’Keefe, who was a resident of Middle Sackville, Nova Scotia. The will would have been prepared within the last five or six years, although it may have been as long as 10 years ago.

Please contact Adrienne Bowers at the Public Trustee’s Office at 902 424 7760 or by email at adrienne.bowers@novascotia.ca if you have any information.

The first national food law conference of its kind in Canada will be taking place at the Schulich School of Law at Dalhousie University on Thursday, November 3 and Friday, November 4, 2016.

What is the role of law and legal practice in shaping sustainable, productive, resilient, innovative and just food systems? Over the past decade, a new constellation of principles, practices, ideas and institutions has begun to define the domain of “food law and policy”, challenging legal actors to understand and critically reimagine their place in realizing food system objectives from production, to processing, transport and sale, to the dinner plate.

On November 3-4, 2016, the Schulich School of Law at Dalhousie University and Food Lawyers of Canada will bring together thought leaders from across this field at a national conference in Halifax to explore law’s changing role in Canadian food systems and to help chart the future of food law and policy in Canada.

Help to shape this emerging field.

Please submit proposal abstracts by AUGUST 12, 2016 to CANFOODLAW2016@GMAIL.COM

Scholars, practitioners, policy makers, adjudicators, organizations and others who would like to be part of the conference program are invited to submit individual-presentation or group-panel proposal abstracts of no more than 300 words on any of the following conference themes:

  • How do/should we define the domain of “food law and policy”, and what are the implications of that definition for this emerging field?
  • What are the next big legal and policy challenges confronting Canadian food systems?
  • What does the future of food law legal practice, research and advocacy look like?
  • How can we best provide access to, educate and mentor the next generation of thinkers, practitioners and decision-makers in Canadian food law and policy?

Find out more and watch for updates at http://foodlaw.ca/halifax2016

Careers

Are you looking for a work/life balance in a congenial environment?

Would you like to keep more of your billings?

Are you tired of spending all of your valuable time in traffic and paying for parking downtown?

We are expanding and have an opportunity for two lawyers to join our practice in Bedford. If you are an experienced lawyer with an existing practice and are seeking a cost share arrangement whereby you can reduce your overhead, this may be an ideal opportunity for you.

Our offices are centrally located in Bedford with high visibility and ample free parking. 

If this interests you, please contact Laurie C. LaViolette via e-mail at: laurie.bedfordlaw@gmail.com

All inquiries will be held in strict confidence. 

REPUTATION. STABILITY. CONFIDENCE.

Established in 1864, Blois, Nickerson & Bryson LLP is one of Halifax’s original full-service law firms. With new and modern offices located in the heart of the downtown core, we are committed to delivering professional, effective and resolute representation and legal services to those we serve.    

Are you a busy sole-practitioner looking to realize the benefits of being associated with an established downtown firm? Are you associated with another firm and looking for a positive change? If the answer to either question is yes, this may be the opportunity you have been seeking and we would like to hear from you!  

BNB LLP is seeking to expand and to bring on an associate lawyer. Preference will be given to candidates who have an existing and established client base in the Halifax Regional Municipality. This position represents a great opportunity within a dynamic, challenging and professional environment.  

Qualified candidates who are interested in this opportunity should email a cover letter and curriculum vitae (PDF format) to:

N. Kent Clarke, Partner
Blois, Nickerson & Bryson LLP
1100-1645 Granville Street
Halifax, NS  B3J 3B7
Email: kclarke@bloisnickerson.com 
www.bloisnickerson.com

One of Halifax's leading law firms, Burchells LLP, is currently recruiting for a full-time, permanent legal assistant to work in the area of Litigation.

Burchells provides a wide range of legal services to regional, national and international clients, including multinational corporations, small business owners, major banks, individuals, insurance companies and all levels of government.

Providing support to the lawyers of Burchells is a group of hard working and enthusiastic professionals who take pride in exceptional client service and team work.

Summary

  • Enhance lawyer effectiveness and the delivery of quality legal services through production of timely, accurate work that meets our work standard of “Do it once, do it right”.
  • Provide efficient, accurate, professional and knowledgeable support to the lawyers you report to and in turn the firm’s clients.
  • Support and work with your co-workers in a timely, accurate and helpful manner.

Qualifications

  • Formal Legal Assistant/Paralegal Education.
  • Minimum two years’ experience as a Legal Assistant.
  • Experience in the area of Litigation preferred.
  • Sound judgment in high-pressure situations.
  • Flexibility, initiative, organization and prioritization skills are critical.
  • Strong communication skills.
  • Excellent spelling and grammar skills.
  • Excellent computer knowledge – full Microsoft Office Suite.
  • Minimum typing speed of 60 wpm.
  • Knowledge of other software programs will be considered an asset.
  • Above average ability to work in a team environment with all members of the firm.

Burchells offers a competitive salary and full comprehensive benefit package.

Please visit our website www.burchells.ca to learn more about our firm.

Send resume and cover letter to:

Charlene F. Harrison
Office Manager
charrison@burchells.ca

Deadline for submission of applications is Friday, August 19, 2016. We thank all applicants, however, only those candidates selected for an interview will be contacted. No phone calls please.

We are seeking an associate to join our expanding family law practice. Preference will be given to candidates with at least one year post-call experience in family law. New calls who demonstrate a strong interest in establishing a career in family law will also be considered.

Previously known as Parkland Law, now Q&A Law, we recently moved to a prominent new building on the Bedford Highway, overlooking the Bedford Basin. The successful candidate will be able to hit the ground running, as he or she will be taking over the currently busy practice of one of our lawyers who has relocated elsewhere in the province.

This is a fee-splitting arrangement and we provide the tools to enable a self-reliant lawyer with a strong work ethic to develop a rewarding and lucrative career.  As an associate with Q&A Law, you will be working in a modern, friendly, supportive, client-oriented environment.

Cost-sharing arrangements will also be considered.

Please reply in confidence to:  

Russ Quinlan
Q&A Law - Quinlan and Associates
quinlan@eastlink.ca

Hello. I am a recent Honors Graduate from the Success College Paralegal Plus program. I am seeking the start of my career in Halifax Regional Municipality. Through my internship, I have experience in Family, Property, Wills & Estates, Corporate and Legal Aid Certificates. I do not have a favorite field as of yet, so I am open to widening my experience and love for all forms of Law. I just need someone to take a chance on me.

I bring with my over 15 years experience in office administration and customer service. I am dedicated, motivated, a quick learner and able to work under pressure. If you have a Legal Assistant, Legal Support, Paralegal or Office Receptionist position available in your firm, please contact me for a copy of my personalized cover letter and resume.

You can reach me at 902-818-2204 or paralegal_ns@outlook.com. I look forward to you as my future employer!

Staff Attorney
BB1-3 Attorney Term/full-time
Manitoba Justice Legal Aid
Manitoba Thompson Community Law Centre
3 Station Road, Thompson MB

Advertisement Number: 32160
Salary(s): BB1-3
Closing Date: September 6, 2016

An eligibility list may be created for similar positions and will remain in effect for 6 months.

Salary Range: $70,394 to $141,999 per year

Legal Aid Manitoba provides legal help to people who are financially eligible. We strive to serve all clients with respect and dignity. Our service is fundamental to a fair and balanced justice system.

Qualifications:

CONDITIONS OF EMPLOYMENT

  • Must be legally entitled to work in Canada.
  • Satisfactory Criminal Records Check, Child Abuse Registry Check, and Adult Abuse Registry Check.
  • Valid Class 5 Driver’s Licence.
  • Must be a member in good standing or eligible for membership with the Law Society of Manitoba.

ESSENTIAL

  • Experience litigating in the field of criminal law.
  • Superior verbal communication skills.
  • Superior written communication skills.
  • Excellent interpersonal skills with experience dealing with clients, the general public, legal professionals and the judiciary.
  • Proven analytical skills.
  • Ability to work independently.
  • Experience managing legal matters and effectively meeting critical deadlines.

Duties:

The incumbent is required to attend court in their home city as well as circuit points in the surrounding rural area. This position will manage an assigned case load in an efficient and effective manner as well as performing other related duties as assigned.

Apply to:

Advertisement No.32160
Human Resource Services
300-305 Broadway
Winnipeg, MB  R3C 3J7
Phone: 2049454394
Fax: 2049482193
Email: govjobs@gov.mb.ca

WHEN APPLYING TO THIS POSITION, PLEASE INDICATE THE ADVERTISEMENT NUMBER AND POSITION TITLE IN THE SUBJECT LINE AND/OR 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.

Volunteer and Pro Bono
Jost Mission Day Care Society (dba Edward Jost Children’s Centre) is currently recruiting community board members with skills and expertise in fundraising, finance and accounting, digital/social media, law and construction/building management. 
 
The oldest daycare centre in Nova Scotia, Edward Jost Children’s Centre is a highly inclusive, licensed, not-for-profit childcare centre that provides quality care to children and families in the Spryfield area. Our team of professional educators work closely with organizations such as the IWK Health Centre, Nova Scotia Hearing & Speech Centres, APSEA (Atlantic Provinces Special Education Authority) and The Progress Centre.

Previous governance experience and understanding of not-for-profit organizations are strong assets. Interested applicants, please submit a resumé, letter of interest, and your email address:

By email: admin@edwardjostchildrenscentre.ca
By fax: (902) 477 5422
 
 
Upcoming Events
Event Date: Tuesday, August 30, 2016 - 12:30

Back by popular demand, this must-attend event has been designed to meet the current needs of new Articling and LPP students. You will gain strategies on conducting legal research efficiently and writing a persuasive research memo. You will also obtain practical tips on how to negotiate in transactional work and succeed in motions court.

Master the skills that you did not learn in law school, including networking skills, tips to help you thrive in your practice by understanding the office culture, best practices for docketing and billing, and maximizing your time at the firm.

Our diverse speaker lineup will give you a broad range of perspectives on life after articling, including opening your practice and alternative careers. Register now to take advantage of this opportunity to ask the questions that you have been hesitant to ask before – come prepared to have your questions answered with candour!

Event Date: Tuesday, August 30, 2016 - 12:30

Back by popular demand, this must-attend event has been designed to meet the current needs of new Articling and LPP students. You will gain strategies on conducting legal research efficiently and writing a persuasive research memo.

You will also obtain practical tips on how to negotiate in transactional work and succeed in motions court.Master the skills that you did not learn in law school, including networking skills, financial planning to eliminate your law school debt, tips to help you thrive in your practice by understanding the office culture, best practices for docketing and billing, and maximizing your time at the firm.

Our diverse speaker lineup will give you a broad range of perspectives on life after articling, including opening your practice, moving into an in-house role, and alternative careers. Register now to take advantage of this opportunity to ask the questions that you have been hesitant to ask before – come prepared to have your questions answered with candour!

Event Date: Tuesday, August 30, 2016 - 12:30

Back by popular demand, this must-attend event has been designed to meet the current needs of new Articling and LPP students. You will gain strategies on conducting legal research efficiently and writing a persuasive research memo. You will also obtain practical tips on how to negotiate in transactional work and succeed in motions court.

Master the skills that you did not learn in law school, including networking skills, financial planning to eliminate your law school debt, tips to help you thrive in your practice by understanding the office culture, best practices for docketing and billing, and maximizing your time at the firm.

Our diverse speaker lineup will give you a broad range of perspectives on life after articling, including opening your practice, moving into an in-house role, and alternative careers. Register now to take advantage of this opportunity to ask the questions that you have been hesitant to ask before – come prepared to have your questions answered with candour!

Event Date: Thursday, September 1, 2016 - 17:00

The microprogram in Medicolegal expertise given by Université de Montréal is a 17 credit-web based curriculum. It is a unique collaboration between 12 North American Universities. It allows legal profesionnals to gain better understanding of the principles underlying medical expert testimony, disability assessments and independant medical evaluations.

Find out more

Event Date: Friday, September 9, 2016 (All day)

The 3rd annual Northern Nova Scotia CLE Day will consist of 10 speakers drawn from private practice, NSLA, the Public Prosecution Service, LISNS, Provincial Court, Family Court, Supreme Court and the Court of Appeal for 6.5 hours of CLE.

Starting at 8:30 am and ending at about 3:30 pm, the conference will be held at the scenic Pictou Lodge. A buffet meal is included in the $150 registration fee.

Topics dicussed will be:

  • title searches of LR parcels,
  • Mental Health Court,
  • Family Court best practices,
  • the top criminal cases of 2016 so far,
  • R. v. Jordan, and
  • appellate standards of review explained including others. 

Registration and fees can forwarded to:

Doug Lloy QC
c/o Nova Scotia Legal Aid
116 George Street
New Glasgow, NS  B2H 2K6

Note: please make cheque payable to the Pictou County Barristers' Society

Event Date: Wednesday, September 14, 2016 - 12:00

Recent changes to Ontario’s lobbying rules and federal income tax rules have changed registration and reporting requirements for charities, and also created limitations on political activities. As a result, your charitable clients will soon be turning to you to ensure they know their obligations at the municipal, provincial and federal levels.

Join your peers to gain a clear understanding of the new restrictions and requirements, including resource limits on political activities and which activities constitute lobbying at all levels of government. With our esteemed faculty, you will work through scenarios and hear valuable insights on how you can ensure your clients are complying with rules while maintaining their organizational mandates.

Register now for the latest updates so you can properly advise your charitable clients.

Event Date: Saturday, October 8, 2016 - 12:00

Join us on October 8, 2016 at 12 noon for our annual best ball golf tournament. Held at the championship course Glen Arbour in Hammonds Plains, this tournament will include:

  • Green Fees
  • Power Cart
  • Dinner
  • Swag Bag

Cost per individual is $150, or register your team of 4 by August 15 to save $50 for your team. Students price is $100. We'll team you up if you register on your own. Contests will include:

  • Closest to the pin
  • Longest drive (men and women)
  • Most Honest Team
  • Best Dressed Team
  • And more!

Support Dal Legal Aid by coming out for a great day of golf at a perfect location!

Event Date: Tuesday, September 27, 2016 (All day)

St. John's, Newfoundland and Labrador Sheraton Hotel Newfoundland
Tuesday, September 27, 2016, 9:00 am - 4:30 pm  

Mental illness is a leading cause of disability in Canada, yet many people living with mental illness want to continue working and are able to do so with appropriate support and accommodation. This in-depth training session will teach participants to recognize the signs of mental health problems, respond appropriately to mental health emergencies, and create effective, legally-compliant accommodations.Working through realistic scenarios with the guidance of experienced lawyers and mental health experts, participants will gain the skills and knowledge necessary to:

  • Recognize the signs that someone in the workplace is developing a mental health problem
  • Appreciate the impact of the most common mental health problems on workplace behaviour
  • Identify common indicators of suicide risk
  • Respond effectively to “mental health emergencies” such as psychotic episodes
  • Use supportive communication skills to discuss mental health issues in the workplace
  • Understand and combat stigma
  • Obtain necessary medical information and plan effective workplace accommodations

Speakers

  • Denis Mahoney, Employer Counsel, McInnes Cooper
  • Christina Kennedy, Employee Relations Officer, Newfoundland & Labrador Association of Public and Private Employees
  • Arla Day, Canada Research Chair and Professor of Industrial/Organizational Psychology, Saint Mary's University  

Schedule

Please Note: This schedule is a draft only and is subject to change.

9:00 a.m. – 9:20 a.m. 
INTRODUCTION 

The session leader will review the agenda and goals for the day. Participants will be quizzed on their current knowledge of mental health.

9:20 a.m. – 10:30 a.m. 
PART 1:  Introduction to mental health and mental illness
The session leader will introduce the continuum of mental health and provide guidance on recognizing behaviours that suggest the presence of a mental health problem.Participants will practise identifying behaviours indicative of a mental health problem.

10:30 a.m. – 10:45 a.m.
MORNING BREAK

10:45 a.m. – 11:15 a.m. 
PART 2: 
Stigma
The session leader will provide a description of the stigma that is attached to mental health problems, explain how it affects the workplace, and identify strategies for combating stigma.

11:15 a.m. – 12:00 p.m. 
PART 3: 
Helping Skills and Communication
The session leader will introduce helping skills that participants will be able to use in the workplace. Attention will be paid to approaching an individual about a possible mental health problem.The session leader will also explain the recovery process.

12:00 p.m. – 12:30 p.m. PART 4:  Crises
The session leader will identify effective responses to crises situations (such as suicidal behaviour or psychosis).

12:30 p.m. – 1:30 p.m.
LUNCH

1:30 p.m. – 2:45 p.m. 
PART 5: 
The Duty to Accommodate
Using a fact scenario drawn from a real case, experienced lawyers will review key aspects of the legal duty to accommodate, including:

  • When do employers or union representatives have a duty to ask an employee if she or he requires accommodation because of a mental disability?
  • What medical information can employers request to support the accommodation process?
  • When will accommodation constitute undue hardship?

2:45 p.m. – 3:00 p.m.
AFTERNOON BREAK

3:00 p.m. – 3:30 p.m. 
PART 6: 
Tips and Tools for Planning Accommodation
Session leaders will introduce resources and templates that will assist attendees in planning appropriate accommodations.

3:30 p.m. – 4:15 p.m
PART 7:  Tips and Tools for Planning Accommodation
In groups participants will work through scenarios drawn from real life to practise applying the knowledge and skills covered in the session.Mental health and legal experts will provide feedback on attendees' application of both knowledge and skills.

4:15 p.m. – 4:30 p.m. 
CONCLUSION: 
Wrap-up and Q & A
Session leaders will provide a concise review of important concepts and skills covered during the training session and will take questions from participants.

Event Date: Tuesday, November 29, 2016 - 09:00 to Wednesday, November 30, 2016 - 12:00

Pensions Conference
November 29 - 30, 2016
The Westin Harbour Castle

Conference Co-Chairs

Conference Advisory Committee

  • Susan Philpott, Pension Counsel, Koskie Minsky
  • René Beaudry, Senior Partner, Normandin Beaudry
  • Paul Owens, Deputy Superintendent of Pensions, Treasury Board and FinanceGovernment of Alberta
  • Kevin Skerrett, Senior Research Officer, Canadian Union of Public Employees
  • Judy Payne, Executive Director, BC Municipal Pension Plan
  • Hugh O'Reilly President and Chief Executive Officer, OPTrust
  • Cathie O'Toole, Director of Corporate Services/Chief Financial Officer, Halifax Water

Tuesday, November 29, 2016

Registration and Breakfast
7:45 AM - 8:45 AM 

Introductory remarks by Co-Chairs
8:45 AM - 9:00 AM  

Panel 1
9:00 AM - 10:15 AM
Expanding the CPP: Assessing the implications in the public and private sectors

* Panelists to be announced

Panel Summary: This summer, nine of ten provinces and the federal government reached a historic agreement on a modest enhancement of Canada Pension Plan retirement benefits. In this session, leading pension experts will explore the implications of an expanded CPP for employers, employees, and public and private sector plans, addressing the following key issues:

  • How will the CPP enhancement be structured?
  • What are the key implications of an expanded CPP for public and private sector pension plans, and for pension plan design?
  • How will additional employee contributions affect low wage earners in the private sector?
  • How will small plans respond to the new CPP? How many are expected to close as a result?
  • Should there be a voluntary contribution component to CPP?
  • Where should the additional accrued CPP assets be invested?
  • What are the implications for Quebec pension plans if Quebec does not follow suit?
  • With the enhancement, how does CPP stack up against social security plans of other countries with advanced economies?

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

Panel 2
10:45 AM - 12:00 PM
Generations at Odds? How should intergenerational equity issues be addressed?
* Panelists to be announced

Panel Summary: This session will address a range of intergenerational equity issues raised by current workplace/pension arrangements, including:

  • Intergenerational equity issues arising from the move to expand CPP retirement benefits
  • Fairness/complexity of younger generations paying for seniors' pensions
  • Retirees returning to the workplace as part-time or independent contractors, and the effect on younger workers
  • Impact of intergenerational equity issues on bargaining, including shifts towards two-tiered pension schemes (e.g. where defined benefit pension plans are closed to new hires)

NETWORKING LUNCH
12:00 PM - 1:15 PM

Panel 3
1:15 PM - 2:30 PM
Solvency Funding Reform: Examining provincial initiatives

* Panelists to be announced

Panel Summary: Legislators across Canada are moving to reform solvency funding rules for defined benefit plans. Changes are already underway in Quebec, British Columbia and Alberta, while Ontario is currently considering alternative funding models. This panel will provide a cross-jurisdictional review of these solvency reform initiatives, exploring the lessons that can be learned from provinces that have revised their solvency funding rules, and the implications of current proposals for reform in Ontario.

  • Is there a consensus that provincial solvency funding rules for private DB plans should be changed? Should DB plans be fully funded?
  • What are the key elements of Quebec’s new pension funding rules? What factors lead to Quebec’s shift to going-concern valuations for private DB plans? What are the benefits and drawbacks of the Quebec approach? Does the stabilization provision in Quebec’s model provide sufficient security against economic volatility? Has the move to going-concern funding curbed the shift to DC plans?
  • How does the approach taken to solvency funding reform in Alberta and BC differ from the approach taken in Quebec? What are the benefits and drawbacks of the Alberta/BC alternative funding model?
  • What are the details of current proposals for reform in Ontario? What are the implications of these proposals for the Pension Benefit Guarantee Fund? What are the implications for employers, employees, and retirees? Should Ontario adopt the Quebec approach of going-concern valuations, or should it follow the Alberta/BC approach of solvency funding reserve accounts?

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

Panel 4
2:45 PM - 4:00 PM

The Changing World of Pension Investment: Evaluating new rules on ownership restrictions, infrastructure investment, and other critical issues

* Panelists to be announced

Panel Summary: This session will address a range of current investment issues, including:

  • What is the status of federal and provincial consultations on the elimination of the 30% rule? Should the 30% rule be eliminated? Why or why not? Should the 10% rule be changed?
  • What is the status of current discussions between the federal government and public pension funds regarding domestic infrastructure investment? How is investing in domestic infrastructure different from investing in overseas infrastructure? What are the implications of domestic infrastructure investment?
  • How does the investment strategy and success of the CPP Investment Board compare with that of the Caisse de dépôt et placement du Québec?
  • What are the implications of recent changes to the U.S. Foreign Investment in Real Property Tax Act for Canadian pension plans?

END OF DAY ONE
4:00 PM

COCKTAIL RECEPTION
4:00 PM - 5:00 PM

Panel 5
9:00 AM - 10:15 AM
Cases that Count: High stakes pension litigation currently in the courts
* Panelists to be announced

Panel Summary: Experienced counsel will review the year's most significant pension litigation, including Nortel CCAA proceedings, Stelco/US Steel proceedings, and legal challenges to New Brunswick's shared risk pension system. Our experts will also share insights and lessons learned from litigation that has been successfully mediated.

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

Panel 6
10:45 AM - 12:00 PM
Roundtable Wrap-Up: Concluding insights and open forum discussion
* Panelists to be announced

Panel Summary: This session will be conducted as an open forum, with panelists discussing key takeaways from the conference and inviting comments and questions from the floor. Attendees will deepen their understanding of current issues and hear fresh perspectives as they exchange ideas with experts and peers from across Canada.

CONFERENCE ENDS
12:00 PM

Registration

Event Date: Wednesday, December 7, 2016 (All day)

Bargaining in the Broader Public Sector Conference

December 7, 2016

The Westin Harbour Castle

 Conference Day - Wednesday, December 7, 2016

Pre-Conference Workshops - Tuesday, December 6, 2016

Registration

Event Date: Thursday, December 8, 2016 (All day)

Labour Arbitration and Policy Conference

December 8, 2016

The Westin Harbour Castle

Conference Day - Thursday, December 8, 2016

Post-Conference Workshops - Friday, December 9, 2016

Registration

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