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

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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
Page 1 and 2: the SOCIETY RECORD VOLUME 27 | NO.
Page 3 and 4: Contents VOLUME 27 | NO.3 | July 20
Page 5 and 6: the president’s view This is my f
Page 7 and 8: BRIEFS Annual Meeting 2009 - June 1
Page 9: BRIEFS Cocktails & Conversations wi
Page 13 and 14: society news Library & Information
Page 15 and 16: ACCOLADES Brenda Pate, Janet Steven
Page 17 and 18: Children: Our future leaders and ed
Page 19 and 20: “Young people need an avenue to f
Page 21 and 22: LIANS Tips from the RISk & Practice
Page 23 and 24: eyond a reasonable doubt or beyond
Page 25 and 26: A meeting of minds Students and law
Page 27 and 28: Total Practice Solutions Succeed wi
Page 29 and 30: Youth Work that works Including you
Page 31 and 32: schools and other community organiz
Page 33 and 34: You be the judge A :Youth crime in
Page 35 and 36: to subject youth to an adult senten
Page 37 and 38: Restorative practices at work in th
Page 39 and 40: July 2009 39

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

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