SR Vol 27 No 3, July 2009 - Nova Scotia Barristers' Society

the
SOCIETY
RECORD
VOLUME 27 | NO. 3 | July 2009
NOVA SCOTIA
BARRISTERS’ SOCIETY
www.nsbs.org
YOUTH & THE LAW
Getting on top of the issues
VISION, LEADERSHIP, EXCELLENCE – THE LEGAL PROFESSION IN NOVA
July 2009
SCOTIA
1

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Eric Jorden, M.Sc., P.Eng.
Forensic Engineer
Consulting
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2 The Society Record

Contents
VOLUME 27 | NO.3 | July 2009
4 A Note from the Editor
5 The President’s View
6 Briefs
12 Society News
15 Accolades – a new column from the Gender Equity Committee
the
Society
Record
is published four times
annually by the
Nova Scotia
Barristers’ Society
Suite 1101-1645
Granville Street
Halifax, NS B3J 1X3
(902) 422-1491
Copyright ©2009
Mailed under
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number 40069255
Return undeliverable
Canadian addresses to:
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lneily@nsbs.org
17 Children: our future leaders and educators – Tilly Pillay QC
18 A great big gaping hole – donalee Moulton
20 Thoughts from a new lawyer – Jacqueline Twohig
Pullout section — Vol. 34, No. 3 Nova Scotia Law News
21 LIANS
22 Safeguarding the rights of young people – Jennifer Stewart
24 A meeting of minds – Marla Cranston
28 Youth Work That Works – Emma Halpern, LaMeia Reddick
30 Kudos – Sarah Bradfield
32 You be the judge – Rickcola Slawter, Sandra Bell
37 Summation: Restorative practices in the classroom – Terry Bartlett-Visser
inside
Editor:
Marla Cranston
mcranston@nsbs.org
page 6 page 24 page 30
Graphic Design:
Lisa Neily
lneily@nsbs.org
NOVA SCOTIA
BARRISTERS’
SOCIETY
www.nsbs.org
July 2009 3

Gus Richardson is pleased to offer his services
as an arbitrator, mediator and appellate lawyer
in his new practice, Ad+Rem ADR Services.
With over 20 years litigation experience at all
levels of courts in Nova Scotia and Ontario,
Gus is also a Small Claims Court adjudicator.
Gus brings those skills to his practice as
an arbitrator and mediator in labour,
insurance, personal injury, commercial
and condominium disputes.
phone 902.422.6729
email gus@gusrichardson.com
www.gusrichardson.com
This special edition scratches the surface of youth justice issues.
We hope it piques your interest to learn more, as the Society
increasingly engages with young people across the province. If
lawyers, judges and public servants better understand their needs
and concerns in this era of rapid change, it can only strengthen
the administration of justice, fix gaps and improve opportunities
for the next generation.
The Nunn Commission’s recommendations are taking root, with
new prosecutors dedicated solely to youth court matters and the
Nova Scotia Child and Youth Strategy picking up steam in its
second year (read “Our Kids are Worth It,” the progress report at
gov.ns.ca/coms). Renowned local experts Stan Kutcher, Michael
Ungar and others are leading the way in youth research.
Including young voices in the conversation is vital – “if it’s about
us, don’t do it without us,” says it all.
Marla Cranston
Editor, Society Record, Communications Officer
4 The Society Record

the
president’s
view
This is my first chance to communicate with you as president
of the Nova Scotia Barristers’ Society. I am humbled by the
opportunity and look forward to an interesting year ahead.
A bit of my background: I was admitted to the Bar in 1974 and
joined Patterson, Smith, Matthews & Grant (predecessor to
Patterson Law) in Truro. I started out in litigation but within two
years, made the shift to our real estate group and my practice
has had a focus in real estate ever since.
My wife Valerie is from Sydney and we have four children: Ian,
26, Tracey, who would be 24 (she passed away a number of years
ago), Erin, 20, and John, 16. We live in the beautiful community
of Tatamagouche.
The thought of running for president was the farthest thing from
my mind when I was approached by the three previous presidents,
Phil Star, Cathy Walker and Joel Pink. The pitch: it takes a lot of
time but it is very rewarding working with a great group of fellow
Council and committee members and an exceptional staff to
improve our profession. Their statements could not have been
more accurate.
This being an election year, I want to thank those Council
members who completed their terms for giving so unselfishly
of their time. I also welcome the returning and newly elected
members and look forward to working with you, as we tackle
together the issues facing the regulation of the legal profession.
Over the past three years, Council made a considerable effort
to develop a governance framework that improves the way it
functions in regulating the practice of law in the public interest.
We have established our vision, values, strategic directions,
12-month activity plan and governance policies that define how
we operate as a Society. Last year, a task force looked at Council’s
composition and subject to government approval of changes to
the Legal Profession Act, in the 2011 election year, Council will
reduce from 35 to 21 members. This year, a new task force will
review our committee structure.
While the list of other priorities is long, here are a few initiatives
under our approved Strategic Directions:
(1) Enhancing lawyer competence: The Society will determine
its proper role in assessing lawyers’ continuing competence
and ensuring they understand their own requirements.
(2) Access to justice: Through continuing and improved
dialogue with government, there is a process to address
broad issues of access to justice for Nova Scotians.
(3) Effective governance: The Society ensures effective
communications and liaison with relevant stakeholders,
such as the CBA, AJEFNE, LIANS and other organizations
and communities relating to the administration of justice
and governance of the legal profession.
(4) Impact on the administration of justice: The Society
enhances member and public communications and ensures
its role with government is appropriate to the Society’s
purpose.
This edition of the Society Record focuses on “youth.” We held
our May Council meeting at Auburn Drive High School, in a
tremendous opportunity to meet with students and hear their
concerns related to the legal profession and justice system. The
ability and interest of these young people was an inspiration
to Council. The Society also offers “UnCommon Law,” which
brings together youth, judges, police officers, social workers and
lawyers in an annual forum for dialogue and exchanging ideas.
These opportunities to connect with the leaders of tomorrow are
invaluable to the Society as we shape the future direction of the
regulation of the legal profession.
In closing, I want to encourage two-way communication with
our members, whether through meetings with County Bar
Associations, larger firms or questions raised by you. I encourage
anyone to contact me through the Society office. I will do my best
to react appropriately to your concerns.
Ron Creighton QC
President
July 2009 5

BRIEFS
Admissions Ceremony 2009 – Friday, June 12, Pier 21, Halifax
Fifty-nine people joined Nova Scotia’s legal profession on June 12, in a new approach to the Society’s Bar Admission Ceremony.
Held for the first time outside an actual courtroom, the event in Pier 21’s spacious Kenneth C. Rowe Heritage Hall allowed all June
applicants to witness their colleagues called to the Bar at the same time, unlike much smaller ceremonies of the past.
Then President, Joel E. Pink QC (left), and new President J. Ronald Creighton QC (right) welcome Nova Scotia’s newest lawyers to the profession.
Glenda Thompson signs the Roll of Lawyers alongside Prothonotary
Annette Boucher QC.
New calls make their official declarations, with Justice Walter R. E.
Goodfellow presiding.
6 The Society Record

BRIEFS
Annual Meeting 2009 – June 19-20, Inverary Inn, Baddeck
The 2009 Annual Meeting probed the practicalities of a serious theme: “The Business of Law During Times of Uncertainty,” finding
room for opportunity and good news amid the challenges of the new economic reality. Gerald J. McConnell QC, of Etruscan Resources
Inc., tackled the topic in his keynote address, while panels explored everything from succession planning, stress management and
bankruptcy to fraud in the current global context. The mood stayed light with a number of leisure activities, such as a sunrise hike
led by new President Ron Creighton QC, culinary demonstrations and a riveting performance by Cape Breton’s own Raylene Rankin.
(Photos by Murdock Smith)
Singer/entertainer Raylene Rankin
(L-R) Past Presidents Phil Star QC, Joel Pink QC, Catherine Walker QC and Ron MacDonald QC
with new President Ron Creighton QC (centre).
Council working session
Charles MacIntosh QC with his wife, receiving a
Certificate of Appreciation for his long-standing
commitment to the NSBS Annual Meeting.
July 2009 7

BRIEFS
D I S T I N G U I S H E D F I N A L E S
House of Assembly loses esteemed Assistant Clerk
The passing of Arthur G.
H. Fordham QC is a great loss
to the province. He was highly
respected by premiers and other
members of the Legislative Assembly
past and present. When
he died suddenly on May 4 at
age 72, he was Assistant Clerk of
the House of Assembly.
His official role was to sit on the
floor of the House when it was
in session and maintain the official
record of proceedings. Art also provided procedural advice
to the Speaker of the House and individual members, and wrote
An Overview of the Procedures and Practices of the Nova Scotia
Legislature.
Upon graduating from Dalhousie Law School in 1961, Art initially
practiced with the law firm now known as Stewart McKelvey
and was widely known in his preferred area of practice: real
property law. In the provincial public service, he first served as
a lawyer in the Department of the Attorney General and advisor
to the Provincial Tax Commission. Then in the Legislative Counsel
Office, he participated in the preparation of legislation for
20 years. Completely non-partisan throughout his public service
career, Art was also appointed part-time Assistant Chief Electoral
Officer.
He earned the respect of colleagues across the country through
participation in the Uniform Law Conference of Canada, the
Canadian Election Officers Conference and the Canadian Parliamentary
Association. He was a lay minister of the Cathedral
Church of All Saints, and was also a strong supporter of organizations
that promote music in our community, such as the
Maritime Conservatory and Symphony Nova Scotia.
– excerpted from Judge Bill MacDonald’s InForum tribute
On to new challenges, from law to health
Deborah Rozee departed for a new post in April,
after many years of dedication and service as director of the Lawyers’
Insurance Association of Nova Scotia (LIANS). She is now
the CEO of the Nova Scotia Health Organizations Protective Association.
“Under Deborah’s leadership, LIANS has become one of the
best law society-owned insurance programs in the country. We
are on sound financial footing with the program, thanks to her
steady navigation and direction,” Executive Director Darrel Pink
said at her sendoff.
An executive search is underway. Geraldine O’Shea, who has
agreed to serve as acting director, provides extensive experience
as longtime claims counsel for LIANS, which administers the
mandatory professional liability insurance program for lawyers
across the province.
8 The Society Record

BRIEFS
Cocktails & Conversations with the judges
The second time’s a charm! It’s official – the Gender Equity Committee’s event, “Cocktails and Conversations: Your Happiest
Hour in Front of a Judge” is a big hit among female members of the Society. The first one in 2008 prompted many requests to make it
an annual highlight for women lawyers and judges. As a result, the most recent event was fully booked at the Halifax Club on June 4,
2009, with more than 100 in attendance. The evening included refreshments, socializing and frank discussion, as participants shared
their experiences in the legal profession.
Guest speaker Justice Deborah Gass
(L-R) Judge Pamela S. Williams with women lawyers for “Cocktails and Conversation”
Honouring innovative efforts to reduce crime across the province
More than 200 delegates took part in Nova Scotia’s first crime prevention symposium, held in April at The Westin Nova Scotian,
with a special spotlight on youth initiatives. The Minister’s Awards for Leadership in Crime Prevention honoured eight people or
organizations from across the province, chosen from 43 nominations. Youth Award winner Rebecca Moore of Halifax is active in
YouthScape, the Kitpu Youth Centre, Phoenix Youth Programs and In My Own Voice. Also recognized were the Eastern Communities
Youth Association in Canso, Cpl. Grant Webber of the RCMP Queens detachment (Cops for Kids), Paula Marshall of the Mi’Kmaw
Legal Support Network in Eskasoni and others.
Panel discussion on crime prevention
Then-Minister of Justice Cecil Clarke and Rebecca Moore
July 2009 9

BRIEFS
New Society Leadership
On June 20, the Nova Scotia Barristers’
Society welcomed its new Council,
which is now helmed by President J.
Ronald Creighton QC (centre) of Tatamagouche.
Joining him as officers are new
First Vice-President Marjorie A. Hickey
QC and Second Vice-President Daniel M.
Campbell QC, both of Halifax.
First winning Race and the Law essay reveals lessons from history
Dalhousie Law student inspired by a poem
David Steeves was a first-year law student at
Dalhousie University when he stumbled upon details about
an unsettling Halifax murder case that would later inspire his
academic research.
The poem “1933,” in George Elliott Clarke’s book Execution
Poems, mentions Daniel Sampson, an African-Nova Scotian
veteran of the Great War. Sampson had been arrested and tried
in the mysterious 1933 deaths of two young brothers whose
bodies were found near railway tracks on the outskirts of Halifax.
The coroner’s inquest was inconclusive, and some believed
Edward and Bramwell Heffernan could have died in a tragic
misadventure with a passing train. Even so, Sampson faced two
sets of trials and appeals in Nova Scotia, in a notorious case that
went to the Supreme Court of Canada.
“It wasn’t until several years after reading the poem that I really
became interested in the case,” says Steeves, recipient of the
inaugural Race and the Law Essay Prize, awarded in June by the
Race Relations Committee of the Nova Scotia Barristers’ Society
and sponsored by the law firm Stewart McKelvey.
By then into his graduate studies, he had arranged for Dr. Clarke
– who earned the Governor General’s Literary Award for his
poetry book – to visit the
law school and read from
his new novel. Logistically,
the only way the event
would work was if Steeves
drove to Mount Allison
University to pick up the
author, a visiting scholar
there at the time, and drive
him back again that night.
“Shortly after leaving
Sackville, we started
discussing the Sampson
case and came back to it
several times on both the
David Steeves
drive down and the drive
back,” Steeves recalls. “The next day I looked up the trial and
appellate decisions and came upon a comment by Sampson’s
lawyer that turned my attention to not only jury selection in this
case but in Nova Scotia generally at the time. Once I started
going through the archival material as well as the relevant
legislation, I knew this was a really interesting case that might
have something more important to say.”
10 The Society Record

BRIEFS
Steeves’ ensuing critical examination illustrates Halifax’s response
to crime during a period of social and economic upheaval,
highlighting issues surrounding “the distorted portrayal of
African-Canadian criminality,” he says. It’s also the first research
to examine significant changes in the practice of jury challenges
in Canada during the early 20 th century. But more specifically, it
reveals “a very troubling practice in jury selection that affected
most, if not all, jury trials of African-Nova Scotians in Halifax,
well into the middle of the century,” he says.
The historical issues are worthy of reflection today, by lawyers
generally and criminal law practitioners in particular.
“Legal history not only examines what the law was but it helps
us understand how and why the law has changed over time,”
says Steeves.
The Society’s Race Relations Committee (RRC) agreed – selecting
Steeves for his submission, titled “Maniacal Murderer or Death
Dealing Car: The Case of Daniel Perry Sampson 1933-1935.” It
will appear in the first collection of essays on African-Canadians
and the law, to be published in 2010 by the Osgoode Society for
Canadian Legal History.
“I’m glad that more people will hopefully be able to learn about
the case when it appears,” says Steeves, who is “honoured” by
the award and extends special thanks to Clarke (U of T) and
Professors Blake Brown (SMU) and Philip Girard (Dal), “for their
generous comments during the composition of the paper.”
John Rogers QC, Stewart McKelvey, presents the new award to Professor
Michelle Williams-Lorde, who accepted on behalf of David Steeves.
The 33-year-old lawyer, a member of the Bar in both Nova Scotia
and Alberta, recently moved to Toronto and is developing further
work for publication. He graduated from Dalhousie in May with a
Master of Laws degree. He also holds a Bachelor of Laws degree
from Dal and a Bachelor of Arts degree in English literature and
history from Mount Allison University.
Essays with impact
The new Race and the Law Paper Prize was created
to recognize and encourage outstanding scholarship focusing
on issues of race and law, says Bedford lawyer Barbara Darby.
“We’re delighted that this new initiative provides students with
an opportunity to have their work read by members of the Nova
Scotia Bar,” says Darby, extending thanks on behalf of the RRC’s
paper prize subcommittee to all students who submitted work
for consideration.
“During our evaluation process, the committee members were
most impressed by the calibre and quality of the papers. Each
one offered readers an opportunity to learn something new.”
David Steeves’ essay was a fitting choice for the first annual
award, she adds: “His account of an important moment in Nova
Scotian legal and social history—one likely unfamiliar to most
readers—was both educational and frankly, quite gripping!”
For his part, Steeves is hopeful that the winning papers will be
circulated widely to generate further education and discussion.
“Students at Dalhousie Law School have been doing important
work on issues relating to race and the law for many years, and
will certainly continue to do so,” he says.
“What this award will do, I hope, is challenge students who
normally might not be interested in this area of scholarship to
consider how issues of race have impacted, and continue to
impact, the practice and study of law. This may result in more
papers being written but, more importantly, it will open up a
wider conversation about race among students at the law school,
the Bar, the Bench and the public.”
July 2009 11

society
news
Admissions & Professional Development
Finance & Administration
Many opinions are expressed about the need for
continuing professional development and mandatory legal
education; the issues have been exhaustively studied throughout
the world.
The Society has a responsibility to ensure that lawyers are
competent. We exercise it in the most effective and appropriate
way possible, making every effort to consider both the public
interest and the needs of the profession, and avoiding heavyhanded
or bureaucratic approaches that have failed elsewhere.
The Continuing Competency Task Force has determined that
our jurisdiction is best served by a combination of educational
initiatives to ensure and enhance member competence. In order
to satisfy the public interest, we track what lawyers are doing
in terms of education and we create mandatory education from
time to time, especially when an area of practice is changing
substantially as in the implementation of the Land Registration
Act or new Civil Procedure Rules.
The Society also institutes mandatory education or testing
(when the need arises) in the area of practice management;
most recently by implementing a mandatory testing requirement
for anyone wanting to open a new trust account. To date, we
have not seen the need to or the benefit of requiring lawyers to
prove they have taken a number of hours of approved education.
All lawyers in Nova Scotia are asked to report their educational
efforts in their Annual Members Report, and the Society has
a recommended number of hours of self-study and formal
education for maintaining competence.
One of the key privileges of a career in law is the opportunity for
lifelong learning. As we all know, each case and every client pose
new questions and challenges. The law and legal practice are
always changing and part of our responsibility as lawyers is to
keep up. We must constantly challenge ourselves to see change,
including new information and technology, as opportunity and
embrace it to strengthen our knowledge and abilities.
It is the Society’s responsibility to ensure lawyers are meeting
the high standards we create and promote, which are always
directed towards enhancing competence, thereby improving
career satisfaction and service to the public and the profession
as a whole. Across Canada, the public is beginning to demand
that lawyers, like other professionals, continue engaging in
formal education throughout their careers. Our job, and our
passion, is around making that education as useful, interactive
and enjoyable as we possibly can.
The Society’s 2009 Annual Report is now posted on
our website at www.nsbs.org/annualReport.php, with detailed
financial reports and department and committee updates.
The Society ended fiscal 2009 with a surplus (before budgeted
transfers) of $59,099 in the unrestricted General Fund and a
deficit of $227,283 in the Restricted Lawyers’ Fund for Client
Compensation, for a combined deficit of $168,184. Of the net
surplus in the General Fund, $26,119 was the result of normal
operations and $32,980 was the result of Discipline repayments
received during the year. Total revenue was $17,104 greater than
budget and total operating expenses were $168,011 greater than
budget for the year. The total unrestricted reserves of the General
Fund were $327,482 at April 30, 2009.
Revenue
Fees revenue for practising and nonpractising members
exceeded the budget by $9,921, as a result of more membership
growth than budgeted. Revenue for Admissions and Professional
Development (A&PD) was $108,059 more than plan. Total Library
Revenue was below budget by $29,517. Draws from deferred
grant funds were $22,871 less than plan. Realized Investment
Income at $81,986 was below the budget by $21,192. The rate of
return was lower than budgeted.
Expenditures
Professional Responsibility expenses at $1,362,089 were $375,311
higher than budget and $447,130 higher than last year. One significant
file arguably created the bulk of this budgetary variance,
with costs incurred in Investigations and Spot Audits. Reported
A&PD expenses were $73,014 less than budget. The Futures
Project, a new program in 2009, was budgeted to $100,000 but
only $58,187 was spent, with the remainder ($41,813) set aside
to fund this initiative in fiscal 2010. Standards Development, a
new program for 2008, was also budgeted at $100,000. In 2008
and 2009, a total of $33,709 was spent and the balance is in an
internally restricted reserve to continue funding this initiative.
Interim staff changes for summer
Executive Director Darrel Pink is on leave from July until September,
and again from February to April 2010, to be a consultant to
the Tanganyika Law Society in Tanzania. Professional Responsibility
Director Victoria Rees, a 20-year employee of the Society with
a broad range of skills and experience, serves as acting executive
director during both leaves of absence. The Society will be fully
reimbursed for Mr. Pink’s salary and benefits for the time that he
is away. Building a relationship between the two law societies is
expected to have long-term benefits for both organizations.
12 The Society Record

society
news
Library & Information Services
Professional Responsibility
In legal research parlance, secondary sources are
those tools – including textbooks, encyclopedias, digests and
periodical articles – that provide commentary or act as a finding
aid to the primary sources of law. Secondary Sources is also the
name given to the online tool created by the staff at Library &
Information Services (L&IS) to provide members with access to
a wide range of Society-related material.
Our Secondary Sources tool is available to members and the
public through the “Library” section of the Society’s website.
The material in Secondary Sources includes papers presented
at conferences organized by the Admissions & Professional
Development department and the now-defunct Continuing
Legal Education Society of Nova Scotia. Secondary Sources also
includes articles published in The Society Record, the Nova Scotia
Law News, InForum and some unpublished material written by
members of the profession.
Interestingly, the Secondary Sources tool was created because
of numerous requests for the late Arthur Fordham’s paper on
easements, presented at the Society’s real property conference in
1987. Posting this type of information online makes it accessible
with just a few clicks of the mouse, in keeping with L&IS’s efforts
to deliver as much information as possible directly to members at
their desktops. Other benefits to posting this information online
include the ability to search for material by author, title, subject,
date, conference program name and/or keywords appearing in
the full text of the article. Also, searches of Secondary Sources
can be limited by type of publication, which is particularly helpful
for members who only want to search for articles appearing
in The Society Record or perhaps just those papers presented
at conferences organized by the Admissions & Professional
Development department.
L&IS has created a special search screen for members who simply
want to browse for papers and articles by practice area. Accessible
through the “Professional Development” section of the Society’s
website, this search screen lists papers and articles by practice
area and includes sections for corporate/commercial law, criminal
law, family law, real estate law, and wills and estates law.
L&IS staff post the articles and papers online in PDF format as
soon as possible after the Society-sponsored conference is held
or the publication is released. To learn more about Secondary
Sources or any of the other online tools created by L&IS, contact
staff by telephoning 1-866-219-1202 (toll-free) or 425-BOOK
(2665), or by sending an email to nsbslib@nsbs.org.
The Professional Responsibility Department
regularly receives calls from members seeking guidance with
regard to ethical dilemmas they have encountered. In some
cases, the issues raised are of such a nature that staff determines
input from the chair of the Ethics and Professional Responsibility
Committee will be of value. Staff then summarizes the inquiry
on a no-names basis. The chair considers it and may convene a
quorum of the committee via email or teleconference to provide
guidance. In those circumstances, staff circulates the summary
with a request for the committee’s input.
One committee member likened the process to a fast food drivethrough
– place your ethics inquiry at the order window, then
pull up to receive your advice at the pick-up window! While this
service is, we hope, of better quality than some of our favourite
fast food, the analogy seems to fit. We do our best to provide
the most efficient and thorough advice possible in an effort to
assist our members in exercising their professional judgment
on a given issue.
The calls we receive cover many topics, such as optional
versus obligatory withdrawal, protection of a client’s property
and confidentiality. The most frequent type of call involves
potential conflict of interest, either between clients or lawyer
and client. These are rarely straightforward questions, as
conflicts are generally fraught with shades of gray, which is why
the committee’s guidance can be so helpful. We also assist
members with such serious conundrums as how to deal with
threatening or harassing clients or opposing parties, disputes
over funds held in trust, theft of client files and records, and
conflicting duties respecting in-house counsel. Very often if
members are uncertain about their obligations in a particular
situation, the committee will respond quite strongly in a unified
position. While not binding on a member, who is still expected
to exercise his or her own professional judgment, their opinion
can be very instructional.
Members have indicated they appreciate receiving guidance
from the committee as a whole, as well as the committee’s
thoughtful and timely responses to each inquiry. The department
also disseminates highlights of staff and EPRC ethics advice for
the benefit of educating all members. We encourage members
to call the Society’s Professional Responsibility counsel with
any ethics questions or concerns. We are very fortunate to have
access to an excellent resource library and committee members
who provide valuable insight, experience and skill in considering
ethical dilemmas.
July 2009 13

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14 The Society Record

ACCOLADES
Brenda Pate, Janet Stevenson, Lyndsay Jardine, Janice Beaton, and Jennifer Biernaskie
Frances Fish Lawyers’ Achievement Award Committee
On September 10, 1918, Frances Lillian Fish became the first
woman admitted to the Nova Scotia Bar. She had completed
her LLB at Dalhousie Law School a few months earlier as
the first female graduate. That’s reason to celebrate and since 1997,
that’s exactly what a group of women lawyers have made sure we do!
The Nova Scotia Association of Women and the Law (NAWL) is a
non-profit women’s organization that promotes equal rights for all
women through legal education, research and law reform advocacy.
Members include lawyers, academics, students and others who
support its goals and objectives.
Every two years, NAWL co-sponsors the Frances Fish Award Dinner
with the Nova Scotia Barristers’ Society. The Frances Fish Women
Lawyers’ Achievement Award honours and celebrates outstanding
lawyers who have achieved excellence in their area of focus or in
the community, and who have demonstrated a commitment to the
advancement of women’s equality in or through the legal profession.
In this “Accolades” column, the Society acknowledges the work of all
women who have served on the organizing committee of the Frances
Fish Award Dinner. Membership changes from time to time and most
recently, the women on the committee for the 2007 event were:
Andrea Baldwin
Janice Beaton
Jennifer Biernaskie
Heather Burchill
Catherine Craig
Sherida Hassanali
Lyndsay Jardine
Barbara Kerr
Janine Kerr
Catherine Meade
Brenda Pate
Heidi Schedler
Janet Stevenson
Maggie Stewart
The next award presentation is well into the planning stages
and will take place at a ceremony and dinner in October. Recent
participants have noted how serving on
the organizing committee has been a
rewarding experience for them:
Lara Morris
Non-practising lawyer
“This committee is a wonderful way for a junior lawyer to
make connections with senior practitioners. It is also a great
opportunity to reflect on the particular skills that women bring to
this profession and to celebrate the impact we have had on what
it means to be a successful lawyer.” – Jennifer Biernaskie, McInnes
Cooper
”Volunteering with the Frances Fish Organizing Committee
has been a very rewarding experience for me. Not only do I get
to be involved in one of the most enjoyable events in the legal
community, but I also get to meet and work with some of the
brightest and most inspiring women at the Bar. Being a part of
something that honours and rewards the contributions of such
dynamic and committed women in Nova Scotia is amazing.”
– Heidi Schedler, NS Department of Justice
“The event itself provides a rare opportunity to publicly and
positively recognize lawyers in general and women lawyers in
particular as well as a rare occasion for the legal community to
interact collegially, so I am very proud to be a part of a team
which produces it.” – Brenda Pate, Barrister & Solicitor, Bedford
Congratulations to all committee members, past and present, on a
job well done.
We welcome your submission to Accolades! In each column we will
showcase a different lawyer, firm, group or association to recognize how
they are effecting change in the profession. Feel free to contact a member
of the Gender Equity Committee or Equity Officer Emma Halpern at
equity@nsbs.org to discuss your submission.
July 2009 15

The 7th Annual Pride Reception
You are cordially invited to come celebrate with us at the 7th Annual
Pride Reception, co-hosted by the SOGI (Sexual Orientation & Gender
Identity) Section of the CBA-NS and the Nova Scotia Barristers’ Society.
Kenneth J. Upton, Jr., Supervising Senior Staff Attorney with Lambda Legal,
will be joining us from Texas to speak about his experiences. Lambda
Legal is the oldest and largest national legal organization committed to
achieving full recognition of the civil rights of members of the lesbian, gay,
bisexual and transgendered community, and people living with HIV. Mr.
Upton has more than 20 years trial and appellate experience. He was cocounsel
in Varnum v. Brien, in which the April, 2009, decision made Iowa
the third American State to mandate same-sex marriage.
The Pride Reception will be on Thursday, July 23, 2009, 4:00 – 6:00 pm,
at the Continuing Professional Development Centre of the Nova Scotia
Barristers’ Society, 1645 Granville Street (4th Floor), Halifax.
This event is an opportunity to celebrate diversity within our profession
and to show our support for lesbian, gay, bisexual, and transgendered
lawyers throughout Nova Scotia.
RSVP by Monday, July 20, 2009, to Emma Halpern at ehalpern@nsbs.org
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16 The Society Record

Children: Our future leaders and educators
Children: Our future leaders and educators
Tilly Pillay QC
Nova Scotia Department of Justice
Children. Conflict. These
are two words that don’t
belong together. And yet,
many children in this
world face conflict on a daily basis. Some are caught in the midst
of the emotional and physical conflict of their separating parents;
others are caught in the turmoil of external events, such as war. In all
instances, they are at risk of harm.
I was born in South Africa under the apartheid regime. I experienced
racial conflict first-hand. However, I was fortunate. My father moved our
family to Canada when I was still quite young. He didn’t want his children
to experience what he had known growing up as a member of a visible
minority in South Africa. Other children do not have this option.
We all read the newspapers and watch television. We know that
many children live in the midst of poverty and violence, both close
to home and abroad. Some of us respond by contributing to charities
and volunteering our time to help the less fortunate. Others are
actively involved in organizations that protect the vulnerable and
disenfranchised in our society. For all of you who are interested in
learning about how you can make a positive change in children’s lives,
a unique opportunity awaits ...
“Children Caught in Conflict” is the theme of the 5 th World Congress
on Family Law and Children’s Rights, which is taking place right
here in Halifax from August 23 to 26, 2009. The Congress hopes to
attract between 600 and 1,000 delegates from around the world. It
will cover a wide array of topics, from children’s rights and issues in
different societies to models of parenting and international responses
to the protection of children. Chief Justice Beverley McLachlin
will speak at the Open Plenary on August 23, followed by many
remarkable speakers from different countries and backgrounds, who
offer alternate perspectives.
This is indeed a unique opportunity. You will be able to network
with folks from different countries and cultures and become more
informed about the issues and challenges they face. You will be able
to learn what initiatives other countries have put in place to support
the rights of children. Above all, I am confident you will be energized
by the debate.
Unlike conventional continuing education sessions, the purpose of
the Congress is multi-faceted. The aim is not only to educate, but
to challenge and engage the participants as well. You are encouraged
to lend your voice to the discussion and suggest options for possible
resolutions, so as individuals and governments we can take steps to
reduce the conflict faced by the children in our communities and
around the world.
To learn more about the sessions that are being offered and to register,
please visit the Congress website at www.lawrights.asn.au.
Tilly (Thilairani) Pillay QC is director of the Legal Services Division
of the Nova Scotia Department of Justice. She is a member of the local
organizing committee for the 5th World Congress on Family Law and
Children’s Rights, along with Justice R. James Williams (Chair), Julia
Cornish QC, Yvonne LaHaye QC and Robyn Elliott.
July 2009 17

a great big
gaping hole
There is a great big gaping hole in
donalee Moulton
Nova Scotia’s social safety net –
Freelancer
and youth 16-19 years of age are
falling through. The issue is legislative.
It’s also regulatory. It’s also a problem of practice. And perception.
Here’s what’s happening, explains Emma Halpern, equity officer with
the Nova Scotia Barristers’ Society. “If a young person is not under
the care and custody of the province, they have a very difficult time
accessing funds and services from the Department of Community
Services.”
That leaves a lot of young people – literally – out on the street. The
age limit for support is 15 years in practical terms, says Ann Marie
MacInnes, a senior staff lawyer with Nova Scotia Legal Aid in Sydney.
“The law allows for 16- to 18-year-olds,” she notes, “but that is not
the practice in Nova Scotia.”
As a result, says MacInnes, “these kids are left homeless in Cape
Breton.”
In Halifax, there are some options (such as Phoenix Youth Programs)
but even in the province’s largest community, those options are
limited. Homeless shelters, for example, are often intended for adults.
There are often few resources dedicated for youth.
And youth are more vulnerable than many other groups. That
vulnerability is reflected in the judicial system. “The legislation is
contradictory,” says Halpern, who coordinates the Society’s annual
UnCommon Law conference, which explores youth justice themes.
“In some ways, youth are treated as adults at age 16 and they can be
required to take care of themselves completely. On the other hand,
they don’t have a political voice until age 18.”
That effect is pronounced, yet the violations that bring many of these
youth in conflict with the law often aren’t. In youth justice, the vast
majority of charges are curfew or keep-the-peace violations. “When
you look at things from a common sense perspective, a lot of these
kids’ behaviour is being criminalized because of an existing order,”
says MacInnes, noting she once represented a young person who had
53 breach charges and had never been convicted of anything.
“It’s hard to deal with the issues a young person is facing when they
don’t even have basic food and shelter,” she stresses.
Rob* knows that firsthand. Just 18 years old, he has lived in 19
different homes. He was removed from his parents’ care at two and
adopted at four. He ran away when he was 12 after being physically
abused. “From the time I moved away from home until now,” he
says, “I lived in a total of 18 places. Some of these places weren’t all
that bad. Others were horrible.”
What Rob discovered is what many youth outside the community
services system have learned the hard way: You can’t get housing if
you can’t get a job. You can’t get a job if you don’t have a permanent
address. You can’t get a job if you can’t take get cleaned up; you can’t
take a shower if you don’t have a place to eat and sleep. And so on.
It’s what the experts call the criminalization of poverty. Here’s an
example from the Ontario Women’s Justice Network. That province
has the Safe Streets Act or what is commonly called the “squeegee law,”
which makes it illegal to solicit in an “aggressive manner.” In a case
challenging the law, the Court of Appeal for Ontario determined the
law was just and constitutional. The court concluded that the right
to life, liberty and security was not infringed because the defendants
in this case could have solicited money in other ways that were not
prohibited by law.
The law, she adds, defines much of what youth can and can’t do –
where they can work, where they can live, even possibly what time
they have to be home. “For many kids, their lives have been affected
by the law since they were born, and they have very little say.”
18 The Society Record

“Young people need an avenue to follow,” says Dr. Jeff Karabanow
of the Dalhousie School of Social Work. “More and more studies
are supporting the finding that nearly one in two children on the
street has child welfare experience. There is something wrong with
that picture.”
While most kids rely on Mom and Dad, it’s not an option for
these young people, he notes. “Those two foundations don’t exist
for this population. They need little things like being able to take a
shower, little things that would make them feel human again.”
And they need the support of their community. For some kids,
like Rob, that support comes one person at a time. While staying
at Phoenix House, he met a man who gave him much-needed
support. “I had a meeting with him and explained to him what
I was going through and asked if he could help me get back on
track. He started to test me to see if I was a hard worker and could
keep a job or not. So he started me as a street sweeper.”
Support also needs to come from the government. Just as the
House of Assembly was dissolved for the recent election, the former
MacDonald government unveiled the province’s first Poverty
Reduction Strategy, developed in response to recommendations
from the Poverty Reduction Working Group, which was put in
place through legislation supported by all three parties.
The $155-million strategy calls for training low-skilled workers,
increasing affordable housing and improving benefits for lowincome
families. About $88 million will be invested in training
workers with less than a Grade 12 education level. Another $59
million will be spent to increase access to quality, affordable
housing and the development of a provincial housing strategy.
Poverty is one thing, but it’s extremely important to include youth
directly in this strategy, youth advocates argue.
It’s one opportunity to begin strengthening the social safety net.
As for Rob, there seem to be a lot of right directions in his life at
the moment. “I’m doing good,” he says. “I even got a puppy and
now I’m taking care of her.”
* surname withheld at Rob’s request
Lights, camera, action on youth
The glitz, glitter and gold of television and movies holds a special
allure for young people. Now it also holds an employment
opportunity for youth looking to get off the street, on their feet
and into a better, brighter world.
An innovative project in Dalhousie’s Faculty of Health
Professions saw five homeless youth share their insights and
stories while gaining practical skills in film production.
Dr. Jeff Karabanow is a social work professor who researches
the pathways in and out of youth homelessness. Having worked
on a documentary with street kids in Guatemala, he saw the
potential in using the tools of popular media to provide a voice
and inspire confidence in young people.
He collaborated with Dal nursing professor Dr. Jean Hughes,
film producer Bryan Hofbauer (3 Needles, The Event) and other
colleagues on the Halifax project, funded primarily by the federal
government through the Social Sciences and Humanities
Research Council. They met with the group of homeless youth
several times a week.
“All of them were just so thankful to be provided for for five
hours a day,” he says.
While learning about camera work, storyboarding, scriptwriting,
editing and composing, the young participants created three
short films. One animation effort was nominated for an award at
the ViewFinders International Film Festival for Youth. Another,
a documentary, inspired its creator to enroll in community
college in Truro toward a career as a youth worker.
But the biggest reward for all the hard work and commitment
was the bond the budding filmmakers developed with each
other – and their mentors. “We built a little family for four
months,” says Karabanow.
“Regardless of how they look or how they act,” he adds, “these
are kids who are yearning to be accepted by mainstream culture
… they need support.”
In June, Karabanow and Hughes led an informal public
discussion on youth homelessness through Café Scientifique,
sponsored by the Canadian Institutes of Health Research.
“Youth are the fastest growing homeless population in
Canada, followed closely by young families,” Hughes told the
gathering.
Both professors are inspired by the resilience, creativity and
hope they encounter in the youth they’ve met. Karabanow hired
two of the film project’s participants to help out on a national
research study about the work homeless youth do to support
themselves. He also enlisted a formerly homeless young
woman to draw the illustrations for his new book, Voices from
the Streets: How Canadian Homeless Young People are Getting
Off the Street, to be published this fall by Fernwood Press.
July 2009 19

Thoughts from a new lawyer
Without sounding
Jacqueline Twohig
like a law school
Blois, Nickerson & Bryson admissions essay,
I always knew I would end up
practising law in Nova Scotia. On June 12, 2009, I, along with 58
other admittees, became a lawyer of the Supreme Court of Nova
Scotia. Truth be told, I could never truly put my finger on why I
wanted to practise law, which made those admissions essays very
difficult, but now that I am (finally) a lawyer, I cannot picture myself
doing anything else.
As a practising member of the Nova Scotia Bar, I hope that I
can somehow make a difference and leave my mark on the legal
community and on this province. How I will go about doing that
is something I have yet to figure out. I am interested in diverse areas
of law and am somewhat unwilling to rule anything out this early in
my career. At least once a week, some issue or problem arises that I
have not encountered before and my interest is immediately piqued.
I find that, right now, this constant challenge is most exciting about
practising law. Nothing is static; the practice of law is very dynamic
and constantly changing and evolving. I have been privileged to
article and begin my practice with a law firm that has allowed me to
gain experience in a wide range of practice areas. I also am enjoying
the autonomy of being able to start “my own” practice in whatever
areas I choose.
It is a very interesting time to be embarking on a legal career. With the
global recession on everyone’s mind, it is a time when access to justice
and delivery of effective, yet affordable, legal services are becoming
more and more important. I believe that my fellow admittees and I
are keenly aware of the need for accessible legal services. I also believe
that the breakneck speed at which we can now communicate and do
business because of ever-advancing technology is forcing us, as legal
service providers, to keep up with the times. The Barristers’ Society
“tweets” on Twitter.com and Facebook is now being used as a source
of evidence in some courts in this country. This is demonstrative
of the way in which technology is changing the practice of law and
the delivery of legal services. Keeping up with these technological
changes is also an opportunity for young lawyers to be ahead of the
game in their practices.
One thing that I am certain of right now is that I want to be known
for the quality of my practice. Everything we do, even as newlycalled
lawyers, affects people and those people employ us to use our
knowledge for their benefit. This is a privilege and I intend to live
up to the expectations that I know my clients will have for my work.
So, good luck to my fellow admittees. Given the size of the Nova
Scotia Bar, I am certain we will be seeing each other often as our
careers progress. I hope that the collegial spirit of our June 12 th
admission ceremony does not wane anytime soon and I look forward
to working with you in the future.
20 The Society Record

LIANS
Tips from the RISk & Practice management Advisor
by Deborah E. Gillis QC
Risk and Practice Management Advisor
Tips for building a successful firm
Regardless of firm size or
practice areas, successful
firms have many common
characteristics, which I address in
this article. These include:
• Completing regular checks,
both firm wide and individually to
look at strengths, areas that need
improvement and emerging trends.
Successful firms anticipate and
prepare, rather than react.
• Successful firms recognize there
is a huge business component to the practice of law and take
the time to educate new associates on this important aspect of
the practice. These firms either offer or encourage participation
in continuing legal education (CLE), which covers topics such
as time management, billing, client service, communication,
marketing and risk management.
• Risk management is an important part of the successful firm’s
culture. Everyone is educated on the importance of a welldocumented
file and attention to detail in all aspects of work
product. Compliance with well-developed risk management
policies is expected from everyone in the firm.
• Successful firms provide excellent client service, exceeding,
not just meeting, client expectations. To do so, they manage
expectations from the outset, and take the time to explain the
legal process, the range of possible outcomes, communication
policies and the billing process with their client. At the outset,
they effectively screen clients whose expectations they feel
cannot be met.
• Successful firms also devote the time and resources necessary
to properly train and manage support staff. With the significant
reliance placed on support staff, successful firms recognize that
it is critical that they receive ongoing training in firm systems
and are properly supervised.
• Lifelong learning is a priority for everyone in a successful firm.
To help achieve success in your practice, consider participating in the
workshops and presentations that I will be offering in the next 12 months.
These sessions are designed to help you manage your risk, and succeed
in practice.
As well, access the excellent resources available through the Library and
Information Services department of the Nova Scotia Barristers’ Society.
These resources include texts on:
• client relations
• practice management
• marketing
• professional growth
• work/life balance
• technology
• time management
Deborah E. Gillis, QC, is the Risk and Practice Management Advisor for LIANS.
She may be reached at 423-1300 ext. 345 or at dgillis@lians.ca.
• Successful firms take the time and devote resources to select,
train and supervise their young lawyers. They recognize that
mentoring young lawyers and supervising their work closely
has huge long-term benefits.
July 2009 21

Safeguarding the rights of
young people
Local case clarifying police interrogation procedures across Canada
Jennifer Stewart
Freelancer
Legal Aid lawyer had dealt with before.
It wasn’t the first time Shawna
Hoyte had received such a call.
But it would turn out to be a
case like no other the Dalhousie
It was August 2004. The mother of one of Hoyte’s clients had called to
say her 15-year-old son was in custody on a slew of charges, including
dangerous driving causing bodily harm in an alleged hit-and-run in
Dartmouth.
Hoyte knew the boy well. He’d had run-ins with the law before and
suffered from learning disabilities, which often made communication
with the teen difficult.
This time would prove no exception.
Despite his mother’s insistence that her son couldn’t properly
understand what it meant to waive his rights, officers extracted a
90-minute videotaped statement from the teen that was later admitted
as evidence at trial. Hoyte was not present for the interrogation.
“I knew this kid fairly well in a relationship as solicitor-client, and I
knew that he really didn’t get a lot of what was going on,” says Hoyte.
“He was the type of kid that would accept responsibility for things
just to get it done and over with because he didn’t have the intellect
or mentality to keep it going.”
Judge Pam Williams of Halifax Youth Court sensed that same vibe
and tossed the statement out.
“The judge made several comments in that the police have to go one
step further in making certain that a young person clearly understands
what it means to waive their rights,” Hoyte says.
With no other evidence against the boy, the charge was dismissed.
But that wasn’t the end of it.
The Crown took the case to the Nova Scotia Court of Appeal, which
ordered a new trial. Hoyte fired back and applied successfully to have
the case heard by the Supreme Court of Canada.
“There was a question of standard of compliance and proof — was it
22 The Society Record

eyond a reasonable doubt or beyond a balance of probabilities? The
Court of Appeal didn’t really make a decision on that, so it opened the
door for the Supreme Court of Canada to hear it,” Hoyte explains.
In a 4-3 decision last November, the high court ruled that the
statement was inadmissible because the officers didn’t do enough to
safeguard the boy’s rights.
“Police officers, in determining the appropriate language to use in
explaining a young person’s rights, must make a reasonable effort to
become aware of significant factors, such as learning disabilities and
previous experience with the criminal justice system,” the decision
stated.
Since then, Hoyte says she’s received calls from lawyers across the
country commending her on the case. She has also heard from
local police authorities saying they’re aware of the Supreme Court’s
ruling and will be reviewing their procedures for dealing with young
people.
But Deputy Chief Chris McNeil of Halifax Regional Police says
nothing has really changed in the past six months.
“The decision probably has forced us to dig deeper, but I can’t make
them psychologists,” McNeil says of his officers.
For years, he adds, police in Nova Scotia have used one of the most
comprehensive youth statement forms in the country. The six-page
document includes 24 questions that must be read aloud to the young
person, who in turn acknowledges whether he or she understands.
If anything, McNeil says, the decision muddies the waters even
more because of the discrepancies between the different levels of the
courts.
“You are supposed to sort out what the provincial court saw one way,
what the appeal court saw another way and what the Supreme Court
saw in a 4-3 split,” he says.
“It may be that the bar is so high now that the officers will simply
have to do the best they can and then leave that to the courts.”
The problem, the deputy chief insists, can be traced back to the
“overly complicated” Youth Criminal Justice Act, which he claims
doesn’t do enough to protect society.
He says the legislation has always made it difficult to take statements
from young people and have them admitted in court.
“It’s just a skill,” McNeil says. “We have to say how much is enough
and that’s a very difficult and fine line to say.”
But it’s a fine line that police officers across the country are going
to have to define if they want these statements to stand up, Hoyte
stresses.
“It is about awareness,” she says. “It is about making certain that
police authorities use the proper procedures when it comes to young
people.”
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July 2009 23

President Ron Creighton QC and First Vice-President Marjorie Hickey QC in the hallowed halls of Auburn Drive High
24 The Society Record

A meeting of minds
Students and lawyers share insights and learn from each other
Marla Cranston
Communications Officer
They arrived together on a
schoolbus and left with
heightened admiration for
the new generation.
The Nova Scotia Barristers’ Society held its final Council meeting of
the year at Auburn Drive High School in Cole Harbour on May 22,
with more than 100 students participating. After disembarking from
the bus, Council’s lawyers and public representatives were ushered
into the gymnasium to take part in a special Law Day hosted by the
school.
“A lot of work went into preparing for this,” says Vice-Principal Karen
Hudson. Some students produced a video for the event, while students
Jamel Ross and Morgan Williams
shared their thoughts on legal issues
with upbeat rap performances as the
day began.
impressive, articulate and enthusiastic to learn more about justice.
“It was a wonderful opportunity to break down some of the barriers
and perceptions that youth may have regarding the legal profession,”
adds Hudson. “All those lawyers whose names we hear all the time
in the media, well to be able to sit down and have a discussion with
them was pretty fascinating for the students.”
The Auburn event follows in the footsteps of a new Society tradition
that has formed in recent years, with Council going out into the
community to develop closer connections and better understanding.
North Preston hosted the first such event and last year, Membertou,
Cape Breton, welcomed Council.
The work continued as the
brainstorming began – gathering in
breakout groups, students and lawyers
embarked on spirited discussions
about a variety of legal issues that can
impact the lives of teenagers. Each
group examined different aspects of
a hypothetical high school scenario
that had been developed, based on
issues of interest that were identified
by students in advance.
The dialogue and practical tips
covered everything from workplace
rights and privacy laws to
repercussions that can flow from a
schoolyard fight, a timely topic in
light of an incident that generated
blaring media headlines in Cole
Harbour just three weeks earlier. The
television cameras captured a much
more positive impression during Law
Day, reflecting students who were
Past President Joel Pink QC, with a group of Auburn Drive High students
July 2009 25

Youth facilitator LaMeia Reddick and Vice-Principal Karen Hudson (second and third from left) helped keep
the day on track, with participation from students, staff and local RCMP officers.
The high school setting allowed the Society to build on its annual
UnCommon Law conference, a key Equity Office initiative that
brings together young people, lawyers, judges and social workers to
discuss current legal issues.
“Learning is not a spectator sport” is a key motto at Auburn High,
and Law Day was good evidence of just how seriously students take
their responsibility to learn. Long before the event, the student
council and the school’s Youth of Today group collaborated closely
with the Society and professional facilitator Becky Colwell to plan the
program of sessions, which were designed to be interactive.
Council also conducted its regular agenda of Society business, so
students could observe how the provincial regulatory group operates.
At one point, during a vesting ceremony for departing Council
members who were completing their terms, music students provided
a riveting drumming accompaniment.
It was the final meeting of the year for the group, before the newly
elected Council began its duties in June, and students had a chance
to witness some important decisions being made. Key agenda items
included a comprehensive review of Professional Responsibility activity,
as well as adoption of a new communications strategy, which
aims to strengthen the Society’s connections with the public. The
final order of business was an NSBS scholarship, presented by Pink to
the school. Student Alyson Reid was the recipient of the scholarship,
handed out during the June 25 graduation ceremony.
“It’s very important that we build a relationship between lawyers
and the community,” explains Pink. “Considering our mandate
is to uphold and protect the public interest in the practice of law,
this is a good way to ensure people know what we do and also to
give us a better understanding of public concerns in relation to the
administration of justice.”
26 The Society Record

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July 2009 27

YOUTH WORK THAT WORKS
If it’s about us, don’t do it without us
group of innovators – including
Emma Halpern A youth peer leaders – gathered
NSBS Equity Officer recently on Nova Scotia’s South
Shore to brainstorm new ways of
approaching youth work, youth organizing and youth advocacy.
Youth Work That Works, held at White Point Beach Resort in May,
was a three-day training experience that brought together pioneering
youth organizations from across the northeastern U.S. and Atlantic
Canada. It centered on dialogue and relationship-building with
others who are passionate about engaging young people and seeking
innovation in the youth field. It included opportunities to learn from
youth workers who have explored, created and introduced practices
that are shifting the nature of youth work itself, through new programs
and more effective youth engagement.
“The traditional service/client model in our communities is not
serving youth,” said the event’s co-host Tim Merry, founder of the
Split Rock Learning Centre in Yarmouth, a youth drop-in centre that
offers regional programming for youth and youth workers. “Young
leaders and adults working with youth are burning out and many of
us who are innovating around what we’re hearing from youth feel like
we’re working in isolation.”
The White Point experience, then, was about bringing youth workers
together to amplify what is working and leverage areas for change
in this region. It was about working together to build resilient
community leaders, activists and change agents.
Much of the operational youth work facilitated by the event’s hosting
team is grounded in the following core tenets:
• If it’s about us, don’t do it without us.
• You are the experts on youth.
• Everyone is gifted, no one is broken.
• Youth is the focus but the context is intergenerational.
Simple – yet crucial – components of youth work that works.
That’s why young people were fully involved in the design, delivery
and followup for the training, with the Leaders of Today Youth
Co-Hosting Team, sponsored by the Nova Scotia Child and Youth
Strategy and Youth Secretariat. The event was also spearheaded by
Leave Out ViolencE (Halifax) and The Chill Zone youth centre
(Gloucester, Massachusetts).
The following questions formed some of the grounding for the
training:
• What kind of support do young people need to lead the way and
own their destiny in our region?
• How can we ensure any change we make lasts into the future?
• How can we create the conditions for sustained innovation and
growth in our youth organizing and engagement?
Facilitators used the techniques and tools of the Art of Hosting to
delve more deeply into these questions and assist participants to
identify their own questions as they move forward with this work
As the flyer indicated: “This is not for spectators.” All participants
– of all ages – were invited to challenge their own assumptions and
ultimately, take a step towards taking responsibility for what they care
about in the world.
28 The Society Record

Youth Work that works
Including young people in the
conversation – it works!
If I were asked to describe the recent Youth Work That Works
(YWTW) conference in one word, I would have to use the word
extraordinary. Extraordinary can be defined as either very unusual
call it Youth Work That Works, because it works.
We manage to work together in a fun and interactive way. We
learn more and more about each other as the days go on and most
importantly, we learn more and more about ourselves and we begin
to look at what we have to offer.
Young people have so much to
offer, but their opinions and voices
are often seen as inferior to the
voices and opinions of adults.
Being a youth host this year was incredible. It was amazing to observe
the evolution of the conference from the beginning to end. It is always
encouraging to meet adults who want to know how they can work
better with youth and are not afraid to ask for help.
I left the conference feeling overwhelmed with joy, and hopeful that
those who attended would go back and apply what they learned to
their own work with youth.
Young people have so much to offer, but their opinions and voices
are often seen as inferior to the voices and opinions of adults. My
lifelong goal is to break down the barriers that prevent people from
communicating effectively together because I believe we all need each
other. Now more than ever.
LaMeia Reddick
YWTW Youth Host
or remarkable. YWTW is both. It is unusual because it is
not like most conferences, where people come expecting it
to be the regular sit-down, listen-to-the-presenter, look-atthis-Powerpoint,
take-notes type of conference. It’s fun to
watch the participants’ reactions when we whip around the
talking piece and encourage them to let their guard down.
Youth Works That Works is remarkable because there is
something so powerful that comes out of getting people
with a common interest together to talk about things that
are important to them. Getting youth and adults together
produces amazing results in an atmosphere where everyone
feels that what they have to say is valuable. This is why we
July 2009 29

kudos
Sarah MacLaren,
Executive Director, LOVE NS
Sarah Bradfield
Nova Scotia Department of Justice
You’ve gotta have a
dream, to have a
dream come true.
Sarah MacLaren has a dream and she believes it can come true.
That belief has allowed her to take a model that started in Montreal
and make it work in Halifax. Leave Out ViolencE (LOVE) is a
violence prevention and intervention organization that works
with youth who have experienced any form of violence, be it as
victim, witness or perpetrator. LOVE strives to provide a voice
to youth, to help them find alternatives to violence and to end
the cycle of learned violence through youth educating youth.
Sarah launched the first LOVE Nova Scotia photojournalism program
in January 2000 with no staff, no office, just a handful of volunteers and
a strong belief in the work to be accomplished. As executive director of
LOVE Nova Scotia, she has taken that first group of 18 young people
and created one of the region’s most successful youth organizations.
She now has an office and staff to help her, but it’s not like most offices.
At LOVE, the staff are thrilled to be there, hugs are commonplace
and there is a palpable feeling of caring in the air. It is a place of
respect and trust for, and among, all those who enter. Under Sarah’s
guidance, LOVE NS allows young people to find their way through
the programs available, determine their own path and progress at
their own rate. She has absolute faith that the solutions to problems
faced by youth are held within young people themselves. In many
ways, it is Sarah’s perspective on youth that makes the difference.
“Every young person is gifted, not broken,” she says. LOVE is not
there to fix youth, but to help them better express their innate gifts.
Not only has Sarah helped create and sustain one of the area’s most
successful youth programs, she has also become an invaluable resource
to the youth justice community. Sarah and LOVE youth have been
involved with or spoken to many diverse organizations, from the
Mayor’s Roundtable on Violence and Public Safety to the Nunn
Commission of Inquiry and the Nova Scotia Youth Secretariat. They
have provided comment on the Youth Criminal Justice Act. Sarah is
also on the board of the Nova Scotia Criminal Justice Association,
a group that will be hosting a national congress on criminal justice
this October. Somehow she also finds time to facilitate successful
workshops and retreats focusing on youth issues and is on the Steering
Committee of Envision Halifax, a network of community leaders.
There can be no doubt that Sarah and LOVE have managed to
engage youth in need. LOVE has an exceptional retention rate,
with over 90 per cent of young people staying with the programs
on a fully voluntary basis. Beyond the programs that have been
provided to dozens and dozens of youth over the past nine years,
LOVE Youth Leaders have gone on to educate hundreds more
citizens, young and old, through LOVE Outreach sessions.
Outreach sessions are conducted through partnerships with
30 The Society Record

schools and other community organizations, including diversity
training workshops conducted for Halifax Regional Police cadets.
For Sarah, success at LOVE is helping young people to become
happy, productive members of society. As she notes, “where
others might have seen a young person who only took from the
social system, LOVE creates contributors.” Some LOVE kids are
now completing high school and higher education, while others
are gainfully employed and living independently, thanks to the
development of the skills necessary to make their own positive
decisions. The success of LOVE NS is also exemplified by its
continued growth and acceptance into new communities in need.
In September 2008, Sarah and her staff began programs in the
First Nations communities of Indian Brook and Membertou.
kudos
Sarah’s dream now is to build a proper home for LOVE in the heart of
our community, a space designed for and about youth. She recognizes
the significant need in our city centre for a space that allows access to
programs, services and information while providing an atmosphere
that actually attracts youth to it. Based on her record so far and
the power of her ever-optimistic attitude, it’s sure to happen.
Sarah M. Bradfield has been a solicitor with legal services at the Nova
Scotia Department of Justice since 1996. In 2006, she joined the board at
LOVE NS after a friend brought the organization to her attention.
Find out more about LOVE and its programs at www.lovens.ca.
LOVE Community Day at the George Dixon Centre
LOVE Links participants Dawson, Tristan, William and Blaze
July 2009 31

You be
the
judge
five years have passed since a fatal car accident in Halifax added fuel to a
nationwide push to toughen up the Youth Criminal Justice Act (YCJA). High on drugs
Q:Almost
and driving a stolen car just two days after his release from custody on prior car
theft charges, teenager Archie Billard ran a red light and slammed into teaching aide
Theresa McEvoy’s station wagon, killing her instantly.
The resulting public inquiry – helmed by retired Justice Merlin Nunn in 2006 – offered 34
recommendations for reforming youth justice, including six aimed at strengthening the YCJA.
It should be easier for judges to detain young people who have shown “a pattern of offences”
and pose a risk to public safety, said the final report.
Inspired by the Nunn Commission, Ottawa introduced Bill C-25, An Act to Amend the Youth
Criminal Justice Act – nearly two years ago. The proposed legislation aims to strengthen
provisions on pre-trial detention and sentencing for youth, and hold young people more
accountable for crimes they commit.
Now 20 years old, Mr. Billard was released from prison last month, after serving the mandatory
two-thirds of his adult sentence of 54 months. With the resolution of the case that sparked the
call for change, it seems timely to ask: if adopted, would Bill C-25 offer real solutions for youth
justice issues? 4 (Opinions expressed are those of the authors.)
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www.nslap.ca
32 The Society Record

You be
the
judge
A
:Youth crime in Halifax continues to frequent our
headlines. Unfortunately, it seems that violent crime
committed by youth is on the rise. Our city received
national attention when a teenager in a stolen car
attempted to escape the police, and ended up causing the death of
an innocent woman by the name of Theresa McEvoy. Following the
Nunn Commission of Inquiry, the federal government began to have
talks across the nation with those who work in the area of youth
crime. They also proposed certain amendments to the Youth Criminal
Justice Act to address the inadequacies that they felt were important.
The intention of the two proposed amendments that did not become
law before the close of the 39th Parliament on September 7, 2008 were
to broaden the possibility of pre-trial detention for a young person who
represents a danger to the public or has previously failed to comply with
conditions of release and to add the denunciation and the deterrence of
unlawful conduct to the Act’s principles of sentencing.
Though these amendments seem simple and perhaps even necessary,
in my opinion they overlook the real issues with the youth criminal
justice system. In Nova Scotia, we still lack resources to assist the
young people who get involved in crime. A great number of them
are children in the care of the Department of Community Services
(DCS) and/or those with serious mental health issues. This is not a
new problem, and many workers in youth justice concur that there
is too high a number of young persons from this vulnerable group.
Wait times for counselling and mental health services still continue
to be lengthy. Residential programs for those with severe issues are
difficult to access and
relatively impossible for
children who are not in the
care of the DCS and/or are
16 years of age or older.
Rickcola Slawter
Nova Scotia Legal Aid
Youth Justice and Duty Counsel Office
Recently, the media has been paying attention to a young person
who is in the care of the DCS, who was also reportedly involved in
the youth criminal justice system. This young person is now being
sent to the United States for treatment, because the treatment that is
necessary to assist this young person is not available in this jurisdiction.
Unfortunately, this is not a rare occurrence. So often judges, lawyers
and youth workers are faced with impossible situations for our youth,
which the criminal justice system has no ability to address or rectify.
The YCJA specifically states that pre-trial detention should not be
used as an alternative for appropriate child protection, mental health
or other social measures. Part of the reason that YCJA reserves custody
for violent and repeat offenders is because Canada had such a high
reliance on custody for youth. Amendments such as the ones suggested
by the federal government would make it easier to jail the most
vulnerable children in our society. The children who have no parents
and live in group homes that they did not choose for themselves, or
the ones with impulse problems and/or other serious mental health
problems. These are the young people who are repeatedly arrested
and often remanded. And until we acknowledge them, deal with
them and truly help them, these types of amendments will just make
it easier to institutionalize them.
July 2009 33

You be
the
judge
A :
The Youth Criminal Justice Act (YCJA) is the latest
legislation to frame and define the youth justice
system in Canada, a system that was created 100 years
ago by the Juvenile Delinquents Act (JDA). The social
reformers who created this system in 1908 were largely motivated
by a desire to “save” children in trouble from the deleterious effects
of the criminal justice system. The primary principle was that “...
every juvenile delinquent shall be treated not as a criminal but as a
misguided, misdirected child ...” (S 31, JDA).
Interestingly, while there was a bit of a struggle between professionals,
mostly police and social workers, to create this first system, it
remained largely unchanged (with one amendment in 1924) and
unchallenged for almost 60 years. Once challenged, it took nearly
25 years and four separate legislative proposals to eventually repeal
the JDA and replace it with the Young Offenders Act (YOA) in 1984.
This time, the professional struggle was between social workers and
lawyers. While the impetus for an examination of the justice system
under the JDA came in the late 1950s from the Fauteux Committee
of Inquiry’s concern over the number of adults in the criminal justice
system who had juvenile records, the momentum for new legislation
was easily carried by larger civil rights movements and broader public
and political concerns for fundamental and legal rights occurring in
Canada and internationally.
What is telling about this history is that while Canadians seemed
content with the justice system under the JDA for nearly 60 years,
there has been no widespread public acceptance of the system since
the adoption of the YOA. That reform effort resulted in 25 years of
discontent marked by three sets of major revisions to the YOA and its
eventual repeal and replacement with the YCJA in 2003. This latter
process involved seven
years, three drafts, 160
amendments and Quebec
“opting out” for eventual
adoption. The latest reform
Sandra Bell
Associate Professor, Saint Mary’s University
Dept. of Sociology and Criminology
proposal, Bill C-25, introduced in November 2007, calls for adding
denunciation and general deterrence as sentencing principles and to
expand the use of pre-trial detention. Both these proposed changes
are fundamentally problematic because they, along with other aspects
of the YCJA such as presumptive offences and adult sentences, erode
the fundamental principles of a juvenile/youth justice system both
by Canadian and international standards, more specifically, persons
under the age of 18 are not adults and should not be subject to the
same consequences for their actions as adults or, in the words of the
YCJA “... fair and proportionate accountability that is consistent with
the greater dependency of young persons and their reduced level of
maturity” [S. (3)(1) (b) (ii)].
What is also telling about the history of juvenile justice reform in
Canada is that the reform process, since the YOA, is more about
politics than evidence and good practice, perhaps one of the reasons
why Canadians have not seemed satisfied with the system for almost
25 years now. The response to the Nunn Commission report is a
good example of these politics in action. While the inquiry produced
34 recommendations, only six were relevant to the legislation of the
YCJA and it is these that received media and political attention, not
the other 28. These recommendations all pertained to inefficiencies
and inconsistencies in the administration of the YCJA and lack of
appropriate and coordinated youth services in the province of Nova
Scotia. The six recommendations addressed to the YCJA essentially
would make it easier to hold youth in pretrial detention, make it easier
34 The Society Record

to subject youth to an adult sentence and would make protection
of the public one of the primary goals of the legislation - all would
contribute further to an erosion of the fundamental principles of
juvenile justice. The former Conservative provincial government
embraced these six recommendations and began a political campaign
to garner public support to petition for federal revisions.
While the provincial Minister of Justice claimed to have support
from thousands of Nova Scotians along with mayors and town
councils representing 60 per cent of Nova Scotians, neither research
evidence nor the lessons of history would support any of these
proposed revisions as sound policy or good law. Rather, the proposed
revisions represent political opportunism and an example of a bad
case leading to bad law. Over the last 25 years, persistent media
coverage of exceptional youth crime cases has resulted in a general
public fear of youth and, like their counterparts in the United States,
some Canadian politicians have attempted to garner public favour
by pandering to these fears and promising to “crack down” on crime,
particularly youth crime.
For the most part, the YCJA is a good piece of legislation to the
extent that it attempts to address a number of problems created by
the range of contradictory principles of the YOA. Guiding principles
have been simplified in the YCJA and more specific principles are
established for application at particular decision making points.
Notably, deterrence is not one of these principles nor has it ever been
a legislated sentencing principle in the history of the juvenile justice
system in Canada. Under the YOA, appeal court judges disagreed
about the relevance of general or specific deterrence as a principle of
sentencing in youth cases [R. v. G.K. (1985), 21 C.C.C. (3D) 558
(Alta. C.A.); R. v. O. (1986), 27 C.C.C. (3D) 376 (Ont. C.A.)] and
now with the YCJA there is more agreement among judges that it is
not a relevant sentencing principle (Bala and Anand, 2004, p. 260).
The current proposal to include deterrence as a principle in
sentencing is another way of eroding the system. The John Howard
Society has addressed this issue and recommends that deterrence and
denunciation should not be included as sentencing principles in the
YCJA for three reasons. First, there is simply no evidence that “...
deterrence or punitiveness reduce crime or reoffending.”(2008:12)
and more evidence that it has a negative impact on sentence. According
to Madame Justice Charon, when general deterrence is applied as a
factor in sentencing it “... has a unilateral effect on the sentence....
it will always serve to increase the penalty or make it harsher.” R. v.
B.W.P.; R. v. B.V.N., [2006] 1 S.C.R. 941, 2006 SCC 27 as cited in
Knudsen and Jones, 2008: 13). Furthermore, general deterrence as
a principle of sentencing is a contravention of principles of juvenile
justice as laid out by the UN Convention on the Rights of the Child
and the United Nations Rules for the Protection of Juveniles Deprived
of their Liberty. The imposition of harsher sentences for the purpose
of deterring future crime contravenes principles of proportionality,
the child’s best interest and minimal interference with freedoms. This
not only constitutes another erosion of the fundamental principle of
juvenile justice, it also does not make for “good law.”
Similarly, the proposed changes to pretrial detention will not make
for good law and will also further erode the juvenile/youth justice
system. One of the reasons for custody and detention provisions in
the YCJA was the overuse of custody and detention under the YOA.
Furthermore, while the YCJA does seem to have had a reducing effect
on custody sentences, we have not yet seen a reduction in either high
rates of detention, jurisdictional variations in the use of detention or
the overuse of detention for marginalized and minority youth. The
proposed changes are more likely to increase the use of detention and
then, because those held in pretrial detention are more likely to receive
custody sentences, rates of custody sentences will likely increase in the
long run. It is also not clear why strengthening detention provisions
were even a concern for the Nunn Commission. In the youth case
that precipitated the inquiry, a Nova Scotia court had found that there
were sufficient grounds to hold the youth in question in detention but
the court nonetheless made a responsible person order (Department
of Justice Consultation Paper, 2008:31). In December 2008, the
federal Department of Justice put out a discussion paper based on a
thorough review of the evidence regarding pre-trial detention. Based
on this evidence, pretrial detention issues, for the most part, have
more to do with reducing discretionary decision-making, clarifying
aspects of s. 29 and s. 39 of the YCJA and addressing the effectiveness
of conditions of release.
These are issues aimed at making better law because these issues
have the potential for progressive change, ones that can be expected
to address regional and jurisdictional variation and disparity. This
approach to reform looks for inconsistencies, problems and weaknesses
in the legislation and its administration, rather than looking for
ways to change the fundamental purpose of the system in the hopes
that something about the law will stop youth crime. Youth crime
issues are better addressed in the context of broader youth issues and
government funding.
Over the last 25 years, most cases involving violent youth crime
have led to claims that the legislation is ineffective. It is believed that
somehow, if the legislation was not so “lenient” the crime would not
have occurred. Interestingly, while in Scotland recently researching
their law reform process in the 1960s that led to the abandonment of
a criminal justice framework for responding to youth crime in favour
of a social welfare approach, a particularly violent and horrific crime
occurred involving the rape and violent murder of a young woman by
a 15-year-old boy. Scottish newspapers were full of stories for at least
a week about the crime, the offender, the victim and public reaction.
Based on my experience in Canada, I expected to hear outcries
through the news media for changes to their legislation. Much to
my surprise, not one voice was raised in criticism of the legislation or
system. Rather, the public issues in the news media revolved around
discussions about “What went wrong?” “Who dropped the ball?”
“How did this youth fall through the cracks?” In other words, the
Scottish public seemed to have faith in their 40-year-old system and
method of responding to youth crime.
One of the goals of our justice system is to maintain public confidence
in the youth justice system and its administration, yet it seems
painfully apparent that more tinkering with a system that has been
under attack and modified repeatedly over the last 40 years is not
about to change public attitudes or for that matter, the incidence of
youth crime. Revisions should be entertained that will solve issues
with the administration of youth justice and the system’s failure to
provide for the needs of many youth in the system. Revisions should
also honour the fundamental precepts of a juvenile justice system and
international standards rather than reflect ill-advised political agenda
and rhetoric.
July 2009 35

Presented by
2 nd Annual
E-DISCOVERY and E-DOCUMENTS
New Rules of Procedure | Private and Public Sector Strategies
Electronic Disclosure | E-Record Management Best Practices
Edward Gores Q.C.
Director of Litigation, Department of Justice, Nova Scotia
September 30 and October 1, 2009 | Halifax
KEYNOTE SPEAKERS
Glenn a. Smith
Senior Partner, Lenczner Slaght Royce Smith Griffin LLP
2009 Program Highlights:
• E-Discovery Developments, Rules and Practice
Guidelines – Sedona and More, A National and
Regional Update
• Expert Evidence under the New Rules of
Civil Procedure – Implications of the New E-Discovery
and Disclosure Rules
• Latest Case Law Developments and the Implications
• Impact of E-Discovery on Public Sector Litigation
and Administrative Law Proceedings
• Crafting an E-Document Retention
Policy Framework and Process that
Meets Organizational and Legal Objectives
• Privilege, Confidentiality, Privacy and
Access to Information Requests in an
Electronic Environment
• E-Discovery Project Management Essentials Once
the Writ Drops
• Litigation Case Management in the Era of
E-Records – Cost, Time, Resources
• E-Discovery and the Electronic Trial – A Long Range
View from the Front Lines
• Preservation Orders, Litigation Holds and
Avoiding Spoliation Sanctions – New Obligations
and Risks for All Organizations
Plus, don’t miss the Mock E-Discovery Session!
PrE-ConfErEnCE IntEraCtIvE WorkShoPS | Tuesday, September 29, 2009
Add additional value to your registration or send a colleague.
WorkShoP a: E-record Management and retention Protocols – developing the Policies, Enforcing the
Standards, avoiding the Pitfalls for large and Small Organizations
robert Gerbrandt, E-Discovery Consultant, Ledjit Consulting
WorkShoP B: The aBCs of E-discovery and Electronic Evidence
debbie Boutilier, National Litigation Support/Manager ARO Litigation Support, Department of Justice
david Macneil, Manager, Litigation Support Services, Cox & Palmer
Peter a. McInroy, llB, Principal, ESI Consulting, Principal, M & E Legal Services Inc.
Marketing Partner
View the agenda online at www.insightinfo.com
EnrOll TOday! Call 1 888 777-1707 or fax 1 866 777-1292
36 The Society Record

Restorative practices at
work in the classroom
Summation
Photo by Catherine Neily
Classroom management
has
become increasingly
difficult over the
years. Gone are the stereotypical
Rockwell images
of desks in perfectly
aligned rows, assigned
textbooks and a teacher
standing at the front of
the classroom teaching a
homogeneous group of
students who are silently
and obediently following
direction. Today, Dick
and Jane wear Prada and
Leave it to Beaver has left
the building …
Also unreported are the successful programs and positive student
involvement in these programs, which are making a difference.
One such initiative is taking place in the Yarmouth area. Several years
ago, the Tri-County Restorative Justice group began working with
several local schools to teach staff and students about how restorative
justice practices can be used in schools. In September 2007, a pilot
project was launched at Yarmouth High School, where vandalism
and disruptive behaviour had risen over the years.
Restorative practices include the wrongdoer taking responsibility for
his or her actions and the person who has been harmed taking a role
in the process if they choose to do so. Students are encouraged to
resolve conflicts with the assistance of a trained facilitator (often a
fellow student), rather than simply being punished for unacceptable
and harmful behaviour. Restorative justice practices promote peace,
healing, community, individual self-worth, accountability, reparation,
reintegration and empathy.
Terry Bartlett-Visser
LIANS
Is this merely the ageold
cycle where an older
generation criticizes the
younger? Classroom
data and various studies
suggest that this is not the case. Aggressive behaviour of adolescents has
increased in Canada, particularly in girls, according to federal statistics.
There are many reasons cited by experts for the shift in adolescent and
youth behaviour and expectations. These include parenting style, the
increase of popular media in children’s socialization,
the move toward technological
contact rather then face-to-face human interaction
and imaginative play, the breakdown
of community and socio-economic
status (Development of Physical Aggression
from Early Childhood to Adulthood, Richard
E. Tremblay, PhD, FRSC, Canada
Research Chair in Child Development).
Regardless of the reason for the shift, classroom
behaviour in many schools has become
a concern.
In our own province, numerous examples
of school lockdowns, out-of-control
brawls and violence against teachers have
been reported by the media. Unreported
are the individual examples of aggressive
behaviour, cyber-bullying, emotional
manipulation (a covert form of bullying),
incidents of theft and property damage.
Ken Langille, an educator for 32 years and the teacher coordinator for
the restorative justice in schools program in the Yarmouth area, spoke
at the first Tri-County Restorative Justice in Schools Conference,
held in Yarmouth on April 30. He confirmed that Yarmouth High
School (YHS) has introduced restorative justice practices to its system
of handling disruptive behaviour. Since its inception, incidents of
disruptive behaviour reported to the office have dropped. The school’s
administration plans to begin using the Restorative Practices program
in cases involving students who are habitually late for classes.
Photo by Tina Comeau/Yarmouth Vanguard
July 2009 37

School restorative practices programs are not always appropriate and
therefore will never fully replace traditional behavioural modification
techniques, Mr. Langille explained at the conference. For example,
when the seriousness of an offence is such that the criminal justice
system must be involved or when wrongdoers will not accept
responsibility for their actions, school restorative practice programs
are inappropriate. However, restorative practices are successful in
many school situations and their principles, when incorporated
in day-to-day practice, not only assist in individually scheduled
problem-solving sessions (called restorative circles) but also in ongoing
communication, conflict resolution and problem solving.
The YHS restorative justice initiative is known in the school as
“Restorative Practices,” to distinguish it from the “alternative measures”
programs initiated under the Young Offenders Act, now the Youth
Criminal Justice Act. At YHS, it was tailored to meet the needs of that
school and its student body. Emma Halpern, program manager of the
Tri-County Restorative Justice (Halifax Office) and equity officer for
the Nova Scotia Barrister’s Society, stresses that each school has its own
needs and goals, therefore a one-size-fits-all program cannot work. A
restorative practices framework can be followed to assist schools to
incorporate the principles into their day-to-day activities and to set
up restorative practices programs. Ms. Halpern further stresses that
schools interested in such a framework must gain assistance from
others already trained in restorative practice principles. Without this
assistance, it is difficult for a school to initiate such a program and be
successful long-term. There are many facets and levels to restorative
justice programs in schools (and therefore many pitfalls), including
ongoing training and program momentum.
Restorative justice practices are currently being used in schools in
Britain, Australia, Holland, New Zealand, the United States and
Canada. In Ontario, many school boards across the province have
instituted restorative practices training and principles in middle and
high schools, with the assistance of the International Institute for
Restorative Practices - Canada. In Australia and Britain, restorative
practices are being introduced in lower grades so that by the time
students reach middle and high school, they are well versed and
comfortable with the concepts that wrongdoers should take
responsibility for their actions, the victim and others most directly
impacted should have the opportunity to participate fully in the
response if they wish, and that the choices they make as individuals
affect those around them.
In addition to restorative justice in schools, other examples of Nova
Scotia programs being credited with producing change in student
behaviour are Peer Mediation and Roots of Empathy.
Peer Mediation programs offer conflict resolution training to students.
The students’ role is to help others find peaceful ways to solve their
conflicts. Peer mediators do not act as judges. During the training,
they are taught to appreciate that there are two sides to every issue and
they are not to take sides or assign blame. They are trained to respect
the confidentiality of the people involved. They listen carefully and
help the disputants come up with solutions to their problem. Peer
mediation emphasizes respect and fairness (Safe Schools Newsletters,
HRSB, vol. 4, Issue 2, Winter 2009).
Roots of Empathy programs are currently being taught in 61
classrooms across Nova Scotia, reaching 1,525 children in 2008/2009.
The program has been statistically shown to decrease aggression in
participating students and ROE students report a significant increase
in pro-social behaviour among their classmates. Children learn about
human development and neuroscience relating to development and
emotions, emotional literacy and understanding, and parenting. The
program is taught over the course of the school year. A baby and
parent visit a classroom nine times throughout the year. A Roots of
Empathy instructor works with students before, during and after each
visit. The learning that occurs – whether students are learning about
parenting, themselves and their own emotions and how others feel, or
whether it is the teacher learning something new about the students
– all springboards from these visits with the baby. When children are
able to understand others’ points of view and respect others’ feelings,
they develop compassion and tolerance and aggressive behaviour
is less likely to occur (Roots of Empathy Training Materials, 2008;
ROE - Nova Scotia Statistics – 2008/2009).
Restorative Practices, Peer Mediation and Roots of Empathy all share
the core idea that we all belong to a community, our choices affect
others around us, communication is important and that our actions
and involvement can make a difference in our environment. Students
involved in these programs become more aware of the feelings and
needs of those around them, as well as themselves. Empathy and
awareness ultimately leads to more tolerant, peaceful and caring
communities.
For more information, you may visit the following websites:
• Tri-County Restorative Justice –
www.tricountyrestorativejustice.com
• International Institute for Restorative Practices-Canada –
www.iirp.org/canada
• Roots of Empathy – www.rootsofempathy.org
Photo by Tina Comeau/Yarmouth Vanguard
38 The Society Record

July 2009 39

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