October InForum - Nova Scotia Barristers’ Society

October InForum: Council & Committee Opportunities. Solo & Small Firm Conference & more

Register for the NSBS/LIANS Solo & Small Firm Conference

Join the Society & LIANS Thursday, November 5th, 2020 from 9:00 AM-4:00 PM for the 12th annual Solo and Small Firm Conference.

You’re invited to attend this virtual conference in the morning (9:00 AM-12:00 PM), in the afternoon (1:00-4:00 PM) or all day (9:00 AM-4:00 PM). This event, typically held in person at a cost, is a free online event hosted via Zoom & sessions may be eligible to count towards your annual CPD

Morning Sessions (9:00 AM-12:00 PM)

“Matters Before the (Virtual) Courts: Today and Tomorrow” with Nova Scotia Supreme Court Justice Christa Brothers
“Zoom for Lawyers”
“LIANS Update: Claims Processes, Office Management, and the New Cyber Insurance Coverage” with Lawrence Rubin, LIANS Director of Insurance
“Current Equity Issues: Identifying and Mitigating Biases in Your Practice; the NSBS Survey on Gender Discrimination and Harassment; and Building Your Cultural Competence” with Angela Simmonds, NSBS Equity & Access Manager; Jack Townsend, NSBS Gender Equity Committee member; and Jamie Vacon, TRC Working Group (Co-Chair)
Taxation of the Work-In-Progress of a Professional” with Natacha Poirier, Senior Manager of Tax Services with Ernst and Young

Afternoon Sessions (1:00 PM-4:00 PM)

“LRO Appeals Process and Other Developments” with Theresa Graham, Registrar General
“Trust Accounts: Managing Risk with Old Balances” with Marcelline Madamombe, NSBS Trust Assurance and Rob McCleave, NSBS Legal Service Support
“Managing Your Time and Energy” with Homewood Health™
“And So Who Might You Be? Current Regulations and Virtual Best Practices with Cash Transactions, Client Identification/Verification, and Trust Accounts” with Elaine Cumming, NSBS Professional Responsibility Counsel; and Bernadine MacAulay, NSBS General Counsel

Please register individually for either the morning or afternoon session, or for each/both. There is a maximum of 500 logins per session.

You’ll receive a confirmation email for each session that you choose to register for (morning and/or afternoon). You’ll also receive details on how to use Zoom (the online webinar program software) prior to the online event.

Can’t join us online on November 5th? The session recordings will be available after the event and may still be eligible as CPD hours.

Questions? Contact Cynthia Neild at [email protected]

NSBS Office & Library Closure

A reminder that the Society’s office remains closed to the public and members. Our staff are available remotely during our office hours (Monday-Friday from 8:30 AM-4:30 PM) via email and phone for assistance. Review our staff contact information.

The Society’s Library continues to be closed until further notice. Library staff are available for research and reference assistance during our office hours Monday to Friday 8:30 am – 4:30 pm by emailing [email protected] or calling 1 866-219-1202 (toll-free).

We are currently accepting returns and requests to borrow materials using “curbside” pick-up and drop-off. Please request materials by emailing [email protected] and we will advise when to come pick up your materials.

2021-2022 Second Vice-President: Are you interested?

The Society’s Nominating Committee will nominate a candidate for Second Vice-President by the end of January 2021. All members are invited to provide recommendations or to volunteer to be considered.

As the Second Vice-President, you’ll help lead the Society and lend your voice and unique insights to decisions that impact Nova Scotia’s legal profession. Review the 2019-2022 Strategic Plan to learn more about our current goals and objectives.

The Second Vice-President has unquestionable integrity, respect for others, leadership and communication skills, strategic thinking, consensus building, and is committed to the Society’s purpose and strategic direction. Review the position description to learn more.

The 2021-2022 Second Vice-President will be elected in March 2021 and will take office at the Annual Meeting in June 2021. The successful candidate will become First Vice-President in June 2022 and President in June 2023.

If you wish to recommend someone for consideration or if you’re interested in being considered, please send the following materials to the Nominating Committee Chair, Tuma Young QC, at [email protected] by Friday, November 13, 2020:

A brief expression of interest (max. 1 page)
A brief resume (1-2 pages)
A completed Skills & Attributes Matrix

We value diversity on Council and welcome applications from all employment equity groups. We also have the technology required for volunteers to attend meetings online via video conferencing. All names put forward will be considered and treated confidentially.

Be part of the Society’s Council as a Central District Council Member

Are you a practising lawyer in the Central District? The Nominating Committee invites interested members to submit an expression of interest for a Central District Council member appointment.

As a Council member, you’ll help lead the Society and lend your voice and unique insights to decisions that impact Nova Scotia’s legal profession. Review the 2019-2022 Strategic Plan to learn more about our current goals and objectives.

If you’re interested in being considered for the appointment, please send the following materials to the Governance, Policy & Planning Advisor, Katie Lister, at [email protected] by 4:00 PM on Friday, November 13, 2020:

A completed Skills & Attributes Matrix
A brief expression of interest (max. 1 page)
A brief resume (1-2 pages)

Please review the Council District map to ensure you practise in the Central District (corresponds to the current mailing address on file at the Society). The Central District includes the following counties:

East Hants
Colchester
Pictou
Guysborough
Antigonish
Cumberland

We value diversity on Council and welcome applications from all employment equity groups. We also have the technology required for volunteers to attend meetings online via video conferencing.

September Council Highlights

Society’s Council met Friday, September 25 2020 at 9:00 AM via
videoconference.

Highlights from the meeting include:

TRC Working Group Work Plan
Equity & Access Office Update
Cultural Competence
LIANS Report & more

Review the September Council Highlights to learn more

NSBS Statement Protecting the Treaty Rights to Fish and Sell for a Moderate Livelihood

As the regulator of Nova Scotia’s legal profession, the Society continues to be deeply committed to honouring the recommendations of the Royal Commission on the Donald Marshall Jr. Prosecution. We are committed to reconciliation and responding to the TRC Calls to Action.

We acknowledge the work of the members of our Racial Equity Committee and the Truth and Reconciliation Working Group in developing this statement and their continued dedication to raising awareness of race and indigenous issues in the administration of justice.

We support efforts that ensure that Treaty Rights are protected. It has been 21 years since the landmark Marshall decision which confirmed that the Mi’kmaq have the right to fish and sell their harvest for a moderate livelihood.

Action must be taken to ensure that Treaty rights are continuously recognized and upheld.

The lack of education and understanding on matters of Treaty Rights led to where we are today, in conflict as a result of misunderstanding. We encourage all parties to come together to talk in peace and friendship. There must be meaningful dialogue in good faith to get a full understanding of the issues and to work on a plan to move forward together.

It is imperative that the public dialogue and advocacy around this issue be free from racism, harassment, hatred, and discrimination as defined under human rights legislation.

We believe it is important to reflect and work to achieve what is culturally, legally, and constitutionally protected as a right. We seek a remedy to the current situation that respects both the rule of law and cultural perspectives.

We also encourage members & the public to learn more by reading Fishing Under Netukulimkby the Eastern Door, a group of L’nu lawyers in Nova Scotia.

We must stand together in recognition and unity to ensure the protection of the right to fish and sell for a moderate livelihood is secured in the Peace and Friendship Treaties.

TRC Working Group 2020-2021 Plan

The Society’s TRC Working Group advises, monitors and supports Council in their work and governance on Truth & Reconciliation.

The TRC Working Group makes recommendations to Council on a response to the Calls to Action. In developing recommendations for consideration by the Council, the TRC Working Group considers the Society’s role in responding to the Calls to Action and the value in supporting any activities the Society may undertake.

TRC Working Group Members (October 2020):

Ella Paul, Millbrook Mi’kmaw Community Elder;
Angelina Amaral, Chair; Kwilmu’kw Maw-klusuaqn: Mi’kmaq Rights Initiative
Heather McNeill, Q.C., Kwilmu’kw Maw-klusuaqn: Mi’kmaq Rights Initiative;
Tuma Young, QC., Council;
Jamie Vacon, Co-Chair, REC member, Nova Scotia Legal Aid;
Mike McDonald, Private Practice;
Darryl Tracey, Mi’kmaw Legal Support Network;
Tanisha Blackmore, Solicitor Legal Services DOJ
Victor Carter-Julian, Private Practice
Dakota Bernard, Law Student;
Armond Paul, Articling Clerk; and
Madison Joe, Articling Clerk.

Review the TRC Working Group 2020-2021 Plan

Treaty Day & Mi’kmaq History Month

October 1st was Treaty Day which marked the beginning of Mi’kmaq History Month in Nova Scotia as proclaimed in 1993 by then Premier John Savage and Kji-Saqmaw Ben Sylliboy of the Mi’kmaq Grand Council, or the Sante’ Mawio’mi.

Treaty Day is celebrated by Nova Scotians annually in recognition of the Treaties signed between the British Empire and the Mi’kmaq people.

People continue to gather in Halifax to participate and enjoy various cultural events in celebration of Treaty Day. It is a reunion for many Mi’kmaq and a time for people to take part in reconciliation activities by learning about Nova Scotia’s fundamental history.

Mi’kmaq History Month

October is Mi’kmaq History Month in Nova Scotia. This month is dedicated to help Nova Scotians increase their knowledge and awareness of Mi’kmaq history and heritage.

Together we can help increase our understanding of the province’s rich Mi’kmaq culture and fundamental contribution to this Country.Find upcoming Mi’kmaq History Month Events

We encourage our members to recognize Treaty Day and to continue their learning this Mi’kmaq History Month and on an ongoing basis by reviewing the following:

Royal Commission on the Donald Marshall Jr. Prosecution
(Royal Commission on the Donald Marshall, Jr., Prosecution. – 1989)
What is reconciliation?
(Video – TRC Commission of Canada)
Kisa’muemkewey
(written by NSBS First Vice-President Tuma Young QC)
Ko’wey Net “Biodiversity
(written by NSBS First Vice-President Tuma Young QC)
Reconciliation is Hard Work
(written by NSBS First Vice-President Tuma Young QC)

Review our Equity & Access Resources

Lawyers’ Insurance Association of Nova Scotia

Changes in Category: September 24, 2020-October 29, 2020

In every issue of our newsletter InForum, we provide updates on category changes.

Congratulations to the members recently called to the bar:

Allison Elaine Avery

Joseph Eric Berljawsky

Andrew Joseph Brown

Victor Tavis Carter

Andrew Carson Crosbie

Michael Marc Gallagher

James Bruce Wycliffe Goodwin

Steven David Grover

Lauran Jessie Haas

Jude William Hall

Laura Mae Jacquard

Natascha Marie Johanne Joncas

Morgan Kenny Knox

Jonathan David Lerman

Justine Patricia Lucas

Anna Catherine MacDonald

Elise Michelle Mercier

Neil Donald Robertson

Gursharan Singh Sidhu

Scot Russell Stanfield

Mark Clayton Wells

Welcome to the following articled clerks:

Hannah Elizabeth Adams

Stephen Michael Deturbide

The following members have changed their status to Practising:

David Alexander Burton

Brittni Louise Anne Deveau

Yan Lu

Connie Morrissey

Suzanne L. Pelham Belliveau

The following members have changed to Non-Practising status:

Tim Linwood Cranston

Sean Francis Layden, QC

David Ashton Luther

James G. Spurr

Emma Mae Wilson

The following members have Resigned:

Kate Macaulay Jurgens

The following members have Retired:

Stuart Clive Broughton Gilby

For Your Information

Message from IRCC: Changes to Implied Status for Temporary Foreign Workers

Immigration, Refugees and Citizenship Canada (IRCC) is aware that temporary worker status is used within provincial and territorial jurisdictions to help determine eligibility to social and health benefits. We are writing to inform you of important information as it pertains to temporary workers in Canada whose work permits may have expired but who are authorized to continue to work without a permit.

A person who applies to extend their status and authorization prior to the expiry of their existing document maintains their temporary resident status in Canada while their extension is processed by IRCC. By doing so, their period of authorized stay as a temporary resident is extended by operation of law under subsection 183(5) of the Immigration and Refugee Protection Regulations. During this period, the temporary worker will have legal status as a temporary resident and authority to work without a permit but did not have work permit to demonstrate their status. This regulatory provision is commonly referred to as ‘implied status.’

Beginning on October 20, 2020, a temporary worker who has applied online to extend their work permit will automatically receive an Acknowledgement of Receipt letter from IRCC confirming that their existing authority to work has been extended to a specific date. This letter can be attached to their expired work permit as proof of their continued legal status and authority to work.

However, to avoid misunderstanding regarding this period of time, IRCC will be updating the language around the period of time formerly known as “implied status”. Our public messaging will be changed to explain that this is status extended by law or an “automatic extension of status” instead of using the term ‘implied’. In addition to maintaining their temporary resident status, subsection 186(u) of the Immigration and Refugee Protection Regulations authorizes temporary residents to continue to work while their application for renewal of their work permit is processed by IRCC. They remain subject to the same conditions listed on their expired work or study permit.

Please refer to this document that provides an example of what to look for when confirming a temporary worker has continued status and authority to work.

If you have any questions regarding the above, please do not hesitate to contact IRCC’s Immigration Representative Coordination Unit.

Land Title Initiative – Call for Expressions of Interest to Join NSLA Roster of Certificate Lawyers

Nova Scotia Legal Aid (NSLA) continues to provide legal services pursuant to the Land Title Initiative (LTI). This Pilot has been extended until March 31, 2022 and is helping to address the unequal treatment African Nova Scotians have faced in the five Communities of East Preston, North Preston, Cherrybrook, Lincolnville, and Sunnyville. In collaboration with several government stakeholders, NSLA has been assisting landowners remove barriers to obtaining legal title to their land. These five communities, among others, have long suffered historical discrimination that, along with other impediments, has prevented owners from receiving legal title to their land.
Services provided will include:
• Obtaining Certificates of Title under the Land Titles Clarification Act (LTCA).
• Migrations under the Land Registration Act.
• Court-ordered declarations, and negotiations (including mediation) between private parties; and
• Applications under the Probate Act/Intestate Succession Act.

NSLA continues to build a roster of lawyers to assist in this important Initiative. We require lawyers to act for clients where our staff lawyers have conflicts-of-interest. Additionally, we are also looking for senior real estate practitioners to provide legal opinions, and advice, in relation to complex title issues.
If you are interested in learning more about this initiative please contact the Halifax Land Title Office at: 902-420-8845, or you can direct your inquiries to Shanisha Grant at 902-420-8833

Opportunity closes November 30, 2020

HRM License Appeal Committee

Halifax Regional Municipality is seeking three individuals with experience in administrative law to serve on the License Appeal Committee. Applicants do not need to be practicing lawyers. The purpose of this committee is to hear all appeals under By-law T-1000, which includes brokers, independent brokers and Transportation Network Companies, as well as taxis, accessible taxis and limousines. Each member of the committee shall be considered an Appeal Officer and will receive an honorarium of $250 per appeal hearing. Apply by November 9, 2020. Learn more.

Advisory Committee on Provincial Judicial Appointments

The Province of Nova Scotia is seeking applications from members of the public who are interested in being appointed to the Advisory Committee on Provincial Judicial Appointments. Learn more about this opportunity

Notice of ABC Fall 2020 Advertisement Campaign

Grow your career. Serve your community.

Serving on an agency, board, or commission can help you grow personally and professionally while making a real impact in your community.

The deadline for some applications is Monday, November 23, 2020. It’s easy to apply with our new online application.

To learn more and apply visit: https://novascotia.ca/abc or call 1-866-206-6844 (toll free).

The Government of Nova Scotia has an Employment Equity Policy. We welcome applications from Aboriginal people, African Nova Scotians, other racially visible people, persons with disabilities, women, and other employment equity groups. Applicants are encouraged to self-identify.

Update on Changes to the Divorce Act: CBA-NS Webinar

The Canadian Bar Association – Nova Scotia Branch Family Law Division will provide an update on the changes to the Divorce Act through an upcoming 2 part webinar (Nov. 4th & 18th from 12:00-1:30 PM). Learn more https://lnkd.in/ePWA3h6

Processes for real estate transactions involving properties of United Church Congregation

Due to changes in the governance structures of The United Church of Canada, the processes for real estate transactions involving properties of United Church Congregations have been revised.

Chapter 42, SNS 2019, being An Act to Amend Chapter 122 of the Acts of 1924, An Act Respecting the Union of Certain Churches Therein Named, was passed by the Nova Scotia Legislature and given Royal Assent on October 30, 2019. A copy of the legislation is attached hereto and the relevant provision is Section 2(2) which outlines the requirement for written consent to be obtained from the Regional Council of The United Church of Canada.

All United Church Congregations/Communities of Faith located in Nova Scotia are part of Region 15 with offices located in Sackville, New Brunswick. The Property Committee of Region 15 has been given authority to review all proposed transactions and to provide the required certificate of consent as referenced in the legislation. Region 15 has created a Property Handbook which has been distributed to all Congregations/Communities of Faith and which includes the relevant forms required for a property transaction. The Property Handbook can be viewed on the Region 15 website at www.ucceast.ca/regional-council-15/region-15-policies.

The Trustees of the Congregation/Community of Faith must complete and submit the form designated Appendix A to the Property Committee of Region 15 for review and decision. Once the Committee has approved the transaction, the Committee Chair will send a completed and signed Appendix B being the Certificate of Consent back to the Trustees to enable the transaction to be completed. The lawyer representing the Congregation/Community of Faith will need to provide the lawyer representing the Purchaser with a copy of the signed Appendix B to confirm that the required consent has been obtained.

United Church Act Amended 2019 in NS

Missing Wills

Name on missing will: James Milton Riley
Last known residence: 83 Lake Loon Road
Any lawyers with information please contact: Tina Corbett at [email protected] or (902) 420-8833.
Additional details: We are the Land Titles Initiative Program. Our client has advised a will was done for her father and are in the process of Probating the above estate. Could you kindly confirm if a will was drafted for James Milton Riley.

Name on missing will: Carolyn Silver
Last known residence: 202 Pearl Street ‘ Bridgewater, N.S
Any lawyers with information please contact: Mark Taylor at [email protected] or (902) 543-0068.

News from the NS Courts

Career Opportunities

Upcoming Events

These events include NSBS events as well as professional development opportunities and related events posted to the events page on our website.

CCDI Webinar: The importance of intersectionality in diversity and inclusion (November 3)
Online LRA Qualification Assessment (November 4-25)
An Update on Changes to the Divorce Act (Part 1) (November 4)
Society & LIANS Solo and Small Firm Virtual Conference (November 5)
Intersections in Estate Planning & Family Law (November 5)
NOV-COV: PLAINTIFF PRACTICE DURING AND AFTER THE PANDEMIC (AND MORE) (November 6-27th)
The Ten Evidence “Rules” Every Family Law Lawyer Needs to Know (November 12)
DigiMarCon World 2020 – Digital Marketing Conference (November 17)
An Update on Changes to the Divorce Act (Part 2) (November 18)
CCDI Webinar: Unconscious bias (November 19)
Time Management for Lawyers Part 2: How to be Productive Throughout the Day (November 19)
Bankruptcy Basics for Non-Bankruptcy Lawyers (November 16)
Executor Insurance – Mitigating Risk on Estate Files (December 2)
Managing Conflicts of Interest in Trust and Estate Planning (December 3)