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SR Vol 23 No 2, April 2005 - Nova Scotia Barristers' Society

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We <strong>Vol</strong>unteer<br />

the<br />

SOCIETY<br />

RECORD<br />

VOLUME <strong>23</strong> | NO. 2 | APRIL 05<br />

NOVA SCOTIA<br />

BARRISTERS’ SOCIETY<br />

w w w . n s b s . n s . c a<br />

Alex Keaveny volunteers with<br />

the Halifax Skatepark Coalition<br />

VISION, LEADERSHIP, EXCELLENCE - THE LEGAL PROFESSION IN NOVA SCOTIA


2<br />

The <strong>Society</strong> Record


C O N T E N T S<br />

VOLUME <strong>23</strong> | NO. 2 | APRIL 05<br />

the<br />

SOCIETY<br />

RECORD<br />

is published six times<br />

annually by the<br />

<strong>No</strong>va <strong>Scotia</strong><br />

Barristers’ <strong>Society</strong><br />

Suite 1101-1645<br />

Granville Street<br />

Halifax, NS B3J 1X3<br />

Copyright 2003<br />

Mailed under Canada<br />

Post publications<br />

agreement number<br />

40069255<br />

Return undeliverable<br />

Canadian addresses to:<br />

Publications<br />

Administrator<br />

<strong>No</strong>va <strong>Scotia</strong> Barristers’<br />

<strong>Society</strong><br />

Suite 1101 - 1645<br />

Granville Street<br />

Halifax NS B3J 1X3<br />

lneily@nsbs.org<br />

Susan Brown, Editor<br />

sbrown@nsbs.org<br />

Lisa Neily,<br />

Publications<br />

Administrator<br />

lneily@nsbs.org<br />

NOVA SCOTIA<br />

BARRISTERS’<br />

SOCIETY<br />

www.nsbs.ns.ca<br />

We volunteer...<br />

on skates, on boards, with<br />

education programs, in the<br />

band, at the school, organizing<br />

concerts, writing books, on<br />

committees, on more boards, in<br />

other communities, to support<br />

the arts, and medical research.<br />

We volunteer...<br />

with young people,<br />

with the elderly, on more<br />

boards, we help with community<br />

projects, sports teams, collecting<br />

food for the food bank, doing<br />

legal work for local charities,<br />

teaching, organizing conferences<br />

and fund-raisers, on school<br />

councils, on even more boards.<br />

We volunteer...<br />

to clean up, put on plays, coach,<br />

lead, teach some more, organize<br />

holiday parties, feed animals,<br />

and assist the ill.<br />

And we volunteer our time and<br />

expertise on numerous <strong>Society</strong><br />

committees.<br />

We hope you enjoy the second<br />

annual <strong>Vol</strong>unteer Issue of the<br />

<strong>Society</strong> Record.<br />

Last year’s game between the crown prosecutors and<br />

defence teams was an exciting fundraiser for the food<br />

bank. This year, four teams — crown, defence, judges<br />

and politicians — will battle it out on the rink at the<br />

Forum in Halifax, <strong>April</strong> 16 and 17, from 6 – 9 pm. Join the fun,<br />

and bring a non-perishable food item or cash donation, with<br />

all proceeds going to Feed <strong>No</strong>va <strong>Scotia</strong>. For more information,<br />

contact Frank Hoskins at 424-8734, or Kelly Serbu at 462-5578.<br />

(Local gossip indicates that the judges’ team has the best bench.)<br />

<strong>April</strong> <strong>2005</strong> 3


After reading the February 05 edition of the <strong>Society</strong> Record,<br />

I felt compelled to offer this brief e-mail of congratulations<br />

to you and your staff for the quality of your publication. When<br />

I mean quality, the word not only refers to the high publication<br />

standards and the competency of the authors writing the<br />

articles, but to the quality of caring for fellow persons that<br />

seems to be at the heart of what you are doing. This edition<br />

in particular is about people helping other people, not lawyers<br />

helping clients, and certainly not about the gain to be extracted<br />

in practice from clients. Being out on the west coast I miss<br />

the sense of community that exists back home, and your<br />

publication made me aware, again, with pride, of good people<br />

doing good work. It’s a wonderful quality. Thank you so much.<br />

Neil R. MacLean<br />

Guild, Yule and Company<br />

Vancouver, BC<br />

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4<br />

The <strong>Society</strong> Record


THE<br />

PRESIDENT’S<br />

VIEW<br />

Since my last column in February, there have been a<br />

number of interesting items to come before both your<br />

Executive and Bar Council.<br />

Our January council meeting dealt with the maternity leave<br />

proposal. Although the proposal was defeated, there was a<br />

substantial feeling among Council members that something<br />

can and should be done, but that this might be more effectively<br />

dealt with by the proposed Membership Assistance Program.<br />

Unfortunately, the rollout of the Membership Assistance Program<br />

has been delayed, but I can assure you this issue will not<br />

be forgotten or swept away.<br />

All members are by now aware of a substantial defalcation<br />

perpetrated by one of our members. By the time you receive<br />

this column, Bar Council will have dealt with the issue as to<br />

whether the limits on the reimbursement funds should be lifted<br />

to deal with all proper claimants who fi le for reimbursement.<br />

Quite obviously, this is a matter that will affect all of us with a<br />

substantial fi nancial impact.<br />

This is the second annual issue to be devoted to volunteers.<br />

Like many of you, on reading last year’s issue I was amazed at<br />

how many lawyers volunteer their time for good causes. Once<br />

again, this issue will present further evidence of the hard work<br />

and dedication of a cross-section of our members, and the levels<br />

to which they are engaged in and serve their communities.<br />

I was privileged to attend an event coordinated by the Bar <strong>Society</strong><br />

entitled “Uncommon Law” held on February 28 (see page<br />

21). The event attempted to engage a number of young people<br />

who have been, or are at risk of becoming involved in the legal<br />

system, or who have been involved in foster or group home<br />

care. A number of lawyers attended as did one of our Supreme<br />

Court Judges. I was terribly impressed with the young people<br />

that I met. I certainly had my views broadened when I attended<br />

a “hip hop” culture workshop! Susan Brown, our Communications<br />

Offi cer, and Lisa Neily, our Publications Administrator,<br />

deserve a great deal of credit for facilitating that meeting.<br />

In closing, I believe we are all very proud of our volunteers.<br />

As Gail Rudderham Chernin, Q.C. said in last year’s issue, “It<br />

makes me proud to be a lawyer.”<br />

In some volunteer work I do, I often refer to the <strong>No</strong>va <strong>Scotia</strong><br />

Barristers’ <strong>Society</strong> as a volunteer organization. Although<br />

there is a competent professional staff that works for the<br />

<strong>Society</strong>, the essence of self-regulation is embodied in the concept<br />

of “lawyers governing lawyers.” It is in that context that<br />

hundreds of lawyers volunteer to serve their community – by<br />

devoting their time, energy and talent to the governance of the<br />

profession. The numbers are impressive – 34 volunteers on<br />

Bar Council, 16 on the Investigative Committee and 25 on the<br />

Formal Hearing Committee. Eleven volunteers on the Liability<br />

Claims Fund Board, 14 on the Qualifi cations and Bar Admission<br />

Course Committee and 31 volunteer Bar Examiners. We<br />

have 65 volunteer lawyers involved in the work of our Administration<br />

of Justice Committee and liaison with the courts. Add<br />

to these the value of those who serve on 17 other committees,<br />

and lawyers’ contribution to the <strong>Society</strong> is signifi cant.<br />

We celebrate them and all those who give to the communities<br />

in which they live through volunteer effort. By doing so lawyers<br />

enhance the quality of life in their neighbourhoods, towns and<br />

cities. We engage in community to preserve the civil society<br />

that is Canada. For what we do as volunteers, lawyers deserve<br />

a collective pat on the back and a big thank you!<br />

Darrel Pink<br />

Executive Director, <strong>No</strong>va <strong>Scotia</strong> Barristers’ <strong>Society</strong><br />

<strong>April</strong> <strong>2005</strong> 5


WESTERN<br />

NOVA SCOTIA<br />

scoring big<br />

with Big Brothers/Big Sisters<br />

Phil Star and Brandon Ogden<br />

6<br />

The <strong>Society</strong> Record


Big Brothers Big Sisters of Yarmouth is a mentoring<br />

organization which deals with children between the ages<br />

of 6 and 16, generally from single-parent families. The<br />

agency is comprised of a volunteer Board of Directors,<br />

and two staff. Our president, Philip J. Star, Q.C., has been a<br />

devoted and dedicated member since 1984. Under the direction<br />

and leadership of Mr. Star our ability to serve the children and<br />

raise much-needed funds has dramatically improved. He was<br />

instrumental in building partnerships with local groups and<br />

businesses such as the Mariners Hockey Team, which allowed<br />

the agency to access much-needed volunteers to match with the<br />

children on our waiting list.<br />

The agency staff, under the direction and guidance of the Board<br />

of Directors, is responsible for the day-to-day operations of the<br />

programs. In the Traditional Program and Couples for Kids,<br />

adult volunteers are screened and trained to prepare them to work<br />

on a one-to-one basis with children in need in our community,<br />

in order to provide guidance, leadership and friendship and<br />

build self-esteem. The In School Mentoring Program is a true<br />

cooperative effort between the local schools, businesses and the<br />

agency. Schools refer children, local businesses allow employees<br />

flexible lunch hours in order to meet with the children, and adult<br />

volunteers are recruited, screened and monitored by Big Brothers<br />

Big Sisters. An In School Mentor volunteer spends time each week<br />

at the school working with a child on a one-to-one basis. Matches<br />

in all of these programs are monitored and supervised on a regular<br />

basis in order to assess the progress of the relationship.<br />

Through a grant from the Department of Justices’ Community<br />

Mobilization Program, a pilot project has been put in place in order<br />

to address the problem of bullying in our community. Children<br />

who have been identified as being either bullies or victims are being<br />

matched with adult volunteers<br />

who will help these children<br />

by providing friendship, and<br />

as role models helping with<br />

Philip Star, Q.C.<br />

Pink Star Murphy Barro<br />

appropriate coping skills. This pilot program was developed in<br />

response to concerns brought to the agency by parents, volunteers,<br />

and members of the community.<br />

Our volunteer board works tirelessly to raise awareness and funds<br />

for this organization. Tremendous community support is shown<br />

through fund-raising events such as Bowl for Kids Sale and TV<br />

Auction, which are supported by more than 120 local businesses<br />

and community groups. In addition to the Mariners Hockey team,<br />

partnerships have also been developed with elementary schools, and<br />

the local community college’s Early Childhood Education Program.<br />

There are eight Big Brothers Big Sisters offices in various<br />

communities in <strong>No</strong>va <strong>Scotia</strong>. To find out about volunteering in<br />

your area, go to www.bbbsc.ca, or call 902-466-KIDS (5437) for<br />

more information.<br />

Judy Melanson, Executive Director, Big Brothers Big Sisters,<br />

Yarmouth<br />

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<strong>April</strong> <strong>2005</strong> 7


Learning through<br />

creative arts<br />

I with special needs and<br />

resources for people working<br />

with special needs populations.<br />

volunteer with the Alexander <strong>Society</strong> for Special Needs<br />

(ASSN). It provides arts-based educational programs to<br />

children and teens<br />

Kelly Richards-Aubé<br />

Nelson Law<br />

The society produces materials such as videos and workbooks,<br />

organizes workshops and special guest speakers, and promotes the<br />

inclusion of people with special needs into their communities.<br />

The ASSN offers two ongoing programs for young people who<br />

have a wide range of abilities and challenges: the Creative Arts Play<br />

Group for ages 5 - 12; and Creative Arts for Teens for ages 13 - 20.<br />

Creative Arts programs provide young people with delightful<br />

opportunities for creative play with peers, while engaging in activities<br />

that enhance sensory integration. The objective is to further the<br />

cognitive, physical, social and emotional growth of the participants.<br />

Each program is focused around one story, usually a traditional<br />

fairy tale or hero legend, developed over the course of eight to ten<br />

weeks. This gives lots of room for repetition and exploration, as<br />

well as possibilities for new social relationships. Drama, movement,<br />

music and art are interwoven to reinforce learning. All activities are<br />

carefully structured to provide different sensory experiences.<br />

To learn more about the ASSN, please contact Kathleen Purdy<br />

(kp@alexandersociety.org) or check out our website at<br />

www.alexandersociety.org.<br />

8


Leading the parade<br />

Being a civilian volunteer to a regular Force Military<br />

Band requires interest, time and skill but also has many<br />

rewards. I have been involved in military bands since<br />

age 13 when I first joined the 517 Squadron Air Cadet<br />

Band which, at the time,<br />

was the largest cadet band in W. Bruce Gillis, Q.C.<br />

Canada. Although my chosen Durland Gillis<br />

instrument was trumpet and I<br />

eventually played with the band of the West <strong>No</strong>va <strong>Scotia</strong> Regiment<br />

and the McGill Concert Band as lead trumpet, I did not have a<br />

chance to explore my interest in bagpipe music until the 1980s<br />

when I became involved in establishing the very first Annapolis<br />

Valley Highland Games.<br />

New Minas club<br />

helps in Ghana<br />

The Canadian Armed Forces have brass and reed military bands<br />

and pipes and drums across the country, all under the auspices of<br />

the regular Forces. Weekly practices and frequent performances<br />

are demanding, but the results are rewarding.<br />

Our band has a busy schedule of performances for Base functions<br />

at Greenwood, including Change of Command Parades, Mess<br />

functions and concerts, and we appear regularly at parades and other<br />

functions in the Annapolis Valley and around the province in support<br />

of community endeavours like the Children’s Wish Foundation and<br />

the Annual Annapolis Valley Apple Blossom Parade.<br />

The band has also performed at the <strong>No</strong>va <strong>Scotia</strong> International<br />

Tattoo, the Chilliwack<br />

Centennial Tattoo, the<br />

Gander International<br />

Tattoo, and as<br />

representatives of our<br />

country in the Bermuda<br />

Spring Festival and<br />

the NATO Festival in<br />

<strong>No</strong>rfolk, Virginia.<br />

I also serve as the<br />

band’s Duty Bugler<br />

for Remembrance Day<br />

ceremonies, memorial<br />

services, and military and<br />

Royal Canadian Legion<br />

funeral services.<br />

Although there is no<br />

salary involved, I have,<br />

since the early 90s,<br />

carried the title of Drum<br />

Sergeant, and I am, at<br />

present, the longest serving member in the band.<br />

As a member of New Minas Rotary Club, I have taken<br />

on the position of chair of the School/Student Liaison<br />

Committee, and through that committee, I have worked<br />

with a teacher and my committee members to form the<br />

Horton High School Interact Club. This<br />

is a student service club off-shoot of the<br />

New Minas Rotary, though it functions<br />

independently and has its own causes.<br />

Jeffrey D. Silver<br />

Muttart Tufts DeWolfe & Coyle<br />

At present, we are entering into a significant partnership with a<br />

village in Ghana, and we are raising funds to be used as part of<br />

their community project to build a vocational school and a health<br />

clinic. We are working out the program with this year’s Interact<br />

Club members (approximately 30 students). Our intention is to<br />

have Grade 10 students join the club next year and in three years’<br />

time, take them to Ghana as part of the project. We are hoping<br />

that this will develop into a greater community project and, for<br />

that reason, the teacher rep on the club and I may be traveling to<br />

Ghana this summer to assess the challenges and our opportunities<br />

to assist in their community.<br />

Other Interact Club activities have included selling pumpkins<br />

in cooperation with the Canadian Food Grain Project for<br />

overseas relief, and, as of <strong>April</strong> of this year, training seniors in<br />

basic computer skills. Students volunteer their time on Sunday<br />

afternoons to perform this training.<br />

This is a very time-consuming project, but my firm is behind me<br />

100 percent and the Interact Club is expecting to do great things in<br />

the future. It is difficult not to have a passion for the law, but even<br />

more difficult not to get passionate about this project.<br />

The support given by the band to both the military community<br />

and the Annapolis Valley and our country is always appreciated,<br />

and the band has won many recognitions and awards.<br />

<strong>April</strong> <strong>2005</strong> 9


caring community<br />

a tremendous<br />

Sitting in court on the Tuesday after New Year’s, I was<br />

troubled by the images I’d viewed all weekend about the<br />

victims of the tsunami in Asia.<br />

We must all try to do something to help. I thought, what about a<br />

concert in our newly renovated theatre<br />

Five days later dozens of entertainers were on the stage of the<br />

Imperial Theatre in Windsor performing before a near-sellout<br />

crowd of 275 people to raise money for the victims. As a result,<br />

some $10,500 was raised for the Canadian Red Cross.<br />

The concert, called the “Fantastic Caring/Sharing Benefit Concert<br />

for Asia,” featured a broad array of local talent and was a hit.<br />

Spectators not only paid $10 to see the show, but also donated<br />

money to the cause.<br />

The first stop on the concert trail was Mermaid Theatre, which<br />

readily offered their newly renovated Imperial Theatre for the<br />

venue. Then a stop at Moe’s Music, two doors down from my law<br />

office, to discuss possible acts. The good folks at Moe’s offered a<br />

list but advised it would take two or three weeks to put together a<br />

proper concert. But the deadline was January 11 in order to have<br />

donations doubled by the government.<br />

So Wednesday morning the performers were called, starting with<br />

Brian Johnston of the Centennial Dixieland Band, a buddy from<br />

the local Gyro Club. One by one the acts added up – we were<br />

starting to see a concert coming together.<br />

At that point a call was put in to the local radio station to provide<br />

an MC for the concert. Of course, the station volunteered to<br />

promote the concert as well. Then a call was made to Ed Martin, a<br />

fellow Rotarian who runs a print shop. Soon there were 100 colour<br />

posters around town promoting the concert.<br />

collecting cheques<br />

from friends and<br />

clients.<br />

Saturday was spent putting together and producing the program<br />

and making final calls trying to sell tickets. Finally, a moving<br />

powerpoint slide presentation was put together to show the<br />

audience just what the concert was all about.<br />

On concert day there were many happy surprises. The talent put<br />

together was simply outstanding and the crowd reaction amazing.<br />

The local MP showed up, together with the Mayors of Windsor<br />

and Hantsport, and Warden of West Hants.<br />

It was a great success, but not surprising. Windsor is a tremendous<br />

caring community. We just finished raising $600,000 to build a<br />

new library. People in Windsor are generous with both their time<br />

and talent.<br />

I’ve been on United Way fundraising cabinets in Saint John,<br />

Edmonton and Halifax, and in Edmonton we teamed with The<br />

Edmonton Sun to produce an instant-book on the July 31, 1987<br />

tornado, which raised $1 million for victims of the tragedy.<br />

“To whom much is given, much is expected.” In my view,<br />

lawyers don’t get credit for the volunteer hours they spend. This is<br />

particularly true for rural lawyers who freely donate time, talent<br />

and effort without fanfare. In our small firm, the lawyers give<br />

hundreds of volunteer hours to various causes without hesitation.<br />

And it is a privilege to do so.<br />

James White<br />

How Lawrence White Bowes<br />

A call to a neighbour who is a Lion gave unexpected results. I had<br />

asked him if the Lions could sell tickets. He responded that they<br />

would, but that they would also like to donate money.<br />

With a new source of revenue, Thursday was spent making phone<br />

calls to local corporate clients and service organizations. Suddenly,<br />

we had more than $5,000 pledged – before the concert had begun.<br />

Friday was collection day and I made my way around Windsor<br />

10<br />

The <strong>Society</strong> Record


<strong>April</strong> <strong>2005</strong> 11


icing on the<br />

cake<br />

As a single mother and a practicing lawyer, people often<br />

ask: “Where do you find the time to write books” I<br />

usually answer: “Good question.” Like everything in life,<br />

it’s a matter of wanting to do something, and wanting to<br />

make a difference.<br />

The difference is simply this: every book I’ve written has been for<br />

a specific charity. I always think, if I were rich, I could write a nice<br />

fat cheque to whatever charity I chose. But that wouldn’t be nearly<br />

as much fun.<br />

When I finished my articles,<br />

instead of jumping head first<br />

into the trenches with my<br />

Marci Lin Melvin<br />

<strong>No</strong>va <strong>Scotia</strong> Legal Aid<br />

colleagues, I took a job as a reporter with the Daily News. I wrote<br />

plays, which were produced in Halifax and Sydney, and I wrote a<br />

regular newspaper column called “Without Prejudice.” I promised<br />

myself that before I turned 40, I would have an actual book<br />

published. And I made it. In 1997, Christmas at Two Rivers was<br />

published and the following year, I published <strong>No</strong> Sugar Doughnuts<br />

Allowed!<br />

The net proceeds from the sale of these publications went to the<br />

Two Rivers Wildlife Park in Cape Breton. I was on the board of<br />

directors at the time, and the park was and is a wonderful refuge<br />

for families to visit.<br />

My third book, Where’s My Daddy, was for single moms to explain<br />

an absent parent in their child’s life. As a lawyer with Legal Aid<br />

– at that time for 16 years – and as a single mom myself, I well<br />

understood what single parents go through when that question is<br />

asked. The books have been donated to elementary school book<br />

fairs, hospitals, transition houses and to many of my clients.<br />

When I moved to Yarmouth, my son was in grade one, and I wrote<br />

about our beta fish. Lucky the Fish Who Lived in a Pickle Jar was<br />

published in 2001, with my son’s grade one class providing the<br />

illustrations. Burt Goodwin, the Canadian Tire Dealer in Yarmouth,<br />

told me about the Canadian Tire Charity, the Foundation for<br />

Families. He and Ron Anaka, the Canadian Tire Dealer in<br />

Bridgewater agreed to co-sponsor the publication of Lucky. The<br />

proceeds went to the Foundation, for children and families in need.<br />

12<br />

The <strong>Society</strong> Record


Ben’s Christmas Skates came out in time for Christmas, 2003.<br />

Canadian Tire dealers in <strong>No</strong>va <strong>Scotia</strong> and a few others throughout<br />

Canada co-sponsored the printing of the book, with the proceeds<br />

going to the Foundation for Families. John D. Comeau, Chief<br />

Judge of the Family Court of <strong>No</strong>va <strong>Scotia</strong>, did the illustrations,<br />

and we sold many books in Yarmouth. (I think Burt Goodwin<br />

called several other dealers in <strong>No</strong>va <strong>Scotia</strong> to get their supply of<br />

books, because he kept running out!) We sold all of the books at<br />

the Sydney Canadian Tire store in three hours. The money from<br />

the sale of the books in Yarmouth went to a number of families<br />

whose apartment had burned down just before Christmas that year.<br />

My first novel, The Fortress of Her Heart, an historical romance,<br />

based on the last siege at the Fortress of Louisbourg in 1758, will be<br />

published by DreamCatcher Publishing in June. Royalties will be<br />

donated to the Canadian Breast Cancer Foundation, Atlantic Division.<br />

Raising my child and practicing law is a wonderful way to go<br />

through life. But writing is my passion. And being able to use my<br />

story-telling abilities to raise money for charities important to me,<br />

well, that’s just icing on the cake....<br />

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Limos, Sedans<br />

Corporate Accounts<br />

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The Ultimate in Transportation<br />

ANNAPOLIS VALLEY LAW FIRM seeks associate lawyer.<br />

Applicant should be experienced in all areas of general<br />

practice and be a member in good standing with the <strong>No</strong>va<br />

<strong>Scotia</strong> Barristers’ <strong>Society</strong>.<br />

Apply to: shudgins@waterburynewton.ns.ca<br />

www.ultrahalifax.com | 902-455-5466<br />

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<br />

www.lexisnexis.ca/quicklaw 1-800-387-0899<br />

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<strong>April</strong> <strong>2005</strong> 13


oundaries<br />

breaking through the<br />

New Boundaries was first established at the Windsor<br />

Community Centre in 1974, when four eager<br />

university students secured a Canada Opportunities<br />

for Youth Work Grant to help mentally challenged<br />

adults become productive members of the community. <strong>No</strong>w<br />

located on Centennial Drive in Windsor, New Boundaries<br />

provides Windsor/West Hants mentally challenged adults with an<br />

opportunity to develop work, social, interpersonal and daily living<br />

skills that will assist them to reach their highest potential.<br />

The mission of New Boundaries is to provide a vocational service<br />

for adults with a mental challenge. New Boundaries provides several<br />

distinct work area options, including a Pre-vocational Area, where<br />

clients spend time learning basic skills and activities of daily living.<br />

There are several Vocational Training Areas, including a<br />

Woodworking Department where clients are engaged in a wide<br />

variety of projects, producing surveyor’s stakes, and other products<br />

specially made for industrial customers. Custom orders and kindling<br />

are also important components of the sales in the Woodworking<br />

Department. Employment training is also provided in a Used<br />

Clothing Recycling area, where donated clothing is sorted for<br />

resale and a bustling enterprise in rag manufacturing is carried on.<br />

The focus in these areas is more vocational, with expectations of<br />

employment in regular opportunities in the community for many of<br />

the participants in these areas.<br />

available and resumes<br />

are created for those<br />

seeking employment<br />

in the community.<br />

Harold Adams<br />

Adams & Company<br />

Due to increased demand for products and services, a 1600 sq.ft.<br />

expansion is planned for the spring, bringing the total floor space<br />

to 5200 sq.ft. Renovations completed five years ago included new<br />

assessable washrooms, doors and ramps, but through hard work, the<br />

loan for that has been paid.<br />

Harold Adams has been a valued member of the Board of Directors<br />

of New Boundaries <strong>Society</strong> since 2001. Besides being a dedicated<br />

director of the society, Mr. Adams also serves on committees<br />

including Admissions, which handles the difficult task of assessing<br />

and recommending clients for admission to the program. Mr.<br />

Adams provides a keen intellect that is greatly valued in the<br />

complex environment in which all charitable organizations must<br />

operate today.<br />

Bob MacAuly, Manager, New Boundaries<br />

New Boundaries also provides a Community Employment<br />

Program, providing job search and placement for participants in<br />

our regular programs.<br />

New Boundaries has grown to between 28 - 32 participants with<br />

numerous full- and part-time staff. The mandate has not changed<br />

a lot since the early years, with a strong emphasis on teaching selfreliance<br />

while developing a productive work ethic.<br />

However, over time, the ability of the organization and staff<br />

to address higher needs individuals has increased. Today, more<br />

individuals at New Boundaries are involved in pre-vocational<br />

type programming, where the emphasis is more on life skills than<br />

occupational pursuits.<br />

A strong focus is placed on realizing potential. If a worker displays<br />

a natural talent for a particular craft or skill, this is enhanced<br />

through more education and practical training. Computer training is<br />

14<br />

The <strong>Society</strong> Record<br />

Paul MacLean


one<br />

helping thousands of <strong>No</strong>va<br />

call<br />

<strong>Scotia</strong>ns<br />

at a time<br />

As vice president of LISNS, I’ve seen first-hand how staff<br />

and volunteers provide answers to thousands of people in the<br />

community. The society helps the people of <strong>No</strong>va <strong>Scotia</strong> find<br />

out what the rules are, and in turn, helps them to be betterinformed<br />

participants in the system.<br />

<strong>Vol</strong>unteering with LISNS is a rewarding experience. As a<br />

former Legal Aid lawyer, I know that Legal Aid staff forward<br />

upwards of 1,500 calls a year to LISNS. LISNS is able to ensure<br />

that they get the opportunity to meet with a lawyer for some<br />

preliminary advice. I want to thank all lawyers in <strong>No</strong>va <strong>Scotia</strong><br />

for their generous support of this invaluable organization.<br />

Daniel A. MacRury<br />

Senior Crown Attorney<br />

Vice President, Legal Information <strong>Society</strong> of <strong>No</strong>va <strong>Scotia</strong><br />

LISNS would be unable to maintain the level of service to<br />

<strong>No</strong>va <strong>Scotia</strong>ns without the following volunteers:<br />

Board Members<br />

Lori Duggan<br />

Fred Colaiacovo<br />

Dan MacRury<br />

Yvonne LaHaye<br />

Jim Crane<br />

Terry Yeadon<br />

Tilly Pillay<br />

Tammy Manning<br />

Kathy Sutherland<br />

Ann MacDonald<br />

Judge Carole Beaton<br />

Justice Leslie Dellapinna<br />

Jocelyn Dorrington<br />

Dale Darling<br />

Committee Members<br />

Tom Singleton<br />

Lara Morris<br />

Allan Fownes<br />

Tricia Avery<br />

Denise Smith<br />

Heather Antonsen<br />

Sean F. Layden<br />

David B. Robert<br />

James Whiting<br />

Thanks to this year’s law student volunteers Mark Lucas,<br />

Mark Bailey, <strong>No</strong>rman Stanford, Daniel Fuke, and Shenade<br />

Walker; Dalhousie student Stephanie Hault, who assisted in<br />

writing and updating Dial-a-law scripts; and Lisa Taylor, MC<br />

for the Law Lunch.<br />

There are over 150 more volunteers that are on call with<br />

the Lawyer Referral and Speakers Bureau services. Their<br />

commitment and value to the Legal Information <strong>Society</strong> of<br />

<strong>No</strong>va <strong>Scotia</strong> is priceless.<br />

<strong>April</strong> <strong>2005</strong> 15


16<br />

The <strong>Society</strong> Record


cultural<br />

capital<br />

Symphony <strong>No</strong>va <strong>Scotia</strong> and NSCAD University -<br />

rich in artistic tradition and accomplishments<br />

Van Penick<br />

McInnes Cooper<br />

Photo by Ted Power/NSBS<br />

Sculptures by NSCAD student, Jasmine Wallace<br />

<strong>April</strong> <strong>2005</strong> 17


Lawyers do two types of pro bono work: involuntary pro<br />

bono work, characterized as such in hindsight whenever<br />

clients don’t pay their accounts; and the voluntary<br />

type, which we choose in advance to do to support the<br />

communities we live in. Being a positive sort of person, I’ll focus<br />

on the latter.<br />

Many lawyers do volunteer work, applying the special skills they have<br />

developed practicing law in aid of the hundreds of health, religious,<br />

artistic, cultural, recreational and educational organizations that need<br />

our help. I’ve been involved – possibly because my artistic talents<br />

have not been a prominent part of my practice of law or possibly<br />

because I don’t have any and wish I did – in two organizations rich in<br />

artistic tradition and accomplishments: Symphony <strong>No</strong>va <strong>Scotia</strong> and<br />

NSCAD University.<br />

If you haven’t been to a concert this year, you have missed a<br />

tremendously enjoyable component of Halifax’s cultural life. The<br />

orchestra has never played better. The players’ admiration and<br />

enthusiasm for their new conductor, Bernhard Gueller, is easy to<br />

see and even easier to hear. My favourite concerts are the Sunday<br />

afternoon Baroque concerts where Jeanne Lamon, leader of the<br />

country’s most renowned all-Baroque orchestra – Tafelmusik – guest<br />

conducts our orchestra with a combination of skill, enthusiasm and<br />

joy that is reflected back tenfold by the musicians to the audience.<br />

administration at NSCAD are brilliantly, unreasonably intelligent.<br />

The right side of my brain has never had such a workout.<br />

My not-for-profit experiences have given me skills I use regularly<br />

as a lawyer. I have learned how to run meetings, seek consensus,<br />

prepare business plans, negotiate (plead, really) with financial<br />

institutions, speak in public, participate in collective bargaining,<br />

deal with difficult personnel issues and make representations to<br />

government. And here’s the most important thing: I have gotten far<br />

more personal benefit out of my volunteer work with NSCAD and<br />

the Symphony than they have ever gotten out of me.<br />

I have been leery of offering advice ever since hearing Kurt<br />

Vonnegut’s famous graduation address in which he describes “advice”<br />

as “aggressive nostalgia.” But I do encourage every lawyer to make<br />

time for volunteer work. It doesn’t take a lot to make a significant<br />

contribution and you’ll get a tremendous kick out of it.<br />

Van Penick is the chair of McInnes Cooper’s Energy Law Group, the vice-chair<br />

of the Board of Governors of NSCAD University and the former President of<br />

Symphony <strong>No</strong>va <strong>Scotia</strong>.<br />

Does Symphony <strong>No</strong>va <strong>Scotia</strong> make music better than Warner<br />

Brothers makes movies Do live musicians produce live music with<br />

a sound cleaner than your 18 speaker surround sound home theatre<br />

reproduces it The answer to both questions clearly – especially<br />

clearly if you’ve seen Catwoman – is YES.<br />

NSCAD University was founded by Anna Leonowens a few years<br />

after her passion for teaching had been aroused by the King of Siam.<br />

It has 950 students who paint, film, weave, sculpt, make ceramics<br />

and jewelry, study art history and criticism, and design clothes and<br />

graphics. The basic degree is a rigorous (and if you don’t believe<br />

“rigorous,” just ask heart surgeon and recent NSCAD grad David<br />

Murphy) four year undergraduate bachelor of arts. There are quite<br />

a few adult education courses available, mostly in the evenings; a few<br />

years ago my wife Babs and I took a woodworking course and made<br />

lovely boxes for our mothers for Christmas.<br />

NSCAD is housed in the maze of mid-19th century historic<br />

properties whose southwest corner is the Split Crow. Students and<br />

faculty liven up the downtown markedly, and you may have seen<br />

the giant newly reinstalled NSCAD lions, complete with codfish on<br />

their stomachs, in the Granville Street pedestrian mall.<br />

NSCAD’s scope is worldwide. Two of our board members live in<br />

England, one in New York. Our students share artistic and cultural<br />

vision with students from as exotic and socially different places as<br />

India, Germany, Korea, Wales and Toronto.<br />

Diversity rules at NSCAD, and that’s why I’ve been pleased to be<br />

involved with it over the years: diversity in every conceivable measure,<br />

but particularly in thought. I used to hold to the general proposition<br />

that all people who are not lawyers are morons, and if you hold even<br />

a toned-down, more politically correct version of that thought, you<br />

need to get out more. I have found that the students, faculty and<br />

Used by permission/NSCAD University<br />

NSCAD University is Canada’s premier university dedicated<br />

to advancing the visual arts through education, research and<br />

production. Part of <strong>No</strong>va <strong>Scotia</strong>’s cultural landscape since 1887,<br />

NSCAD offers graduate and undergraduate degrees in fine and<br />

media arts, craft and design, and has done so for more than 30<br />

years. Its alumni are among Canada’s most highly regarded artists,<br />

gallery directors, designers, curators and art educators, and the<br />

university attracts major visiting artists from around the world.<br />

NSCAD’s unique campus is located mainly in a block of heritage<br />

buildings in the heart of Halifax’s downtown waterfront district,<br />

and its film program is in the Alliance Atlantis Academy Building at<br />

1649 Brunswick St. On March 4, the university entered a conditional<br />

agreement to lease space in the Halifax Port Authority’s Seawall<br />

redevelopment. NSCAD anticipates this expansion will house<br />

the university’s large-scale and semi-industrial activities, such<br />

as ceramics, sculpture, the wood and metal shops, the foundry,<br />

a new glassmaking studio and a technology innovation centre.<br />

Renovations are expected to begin in December, with classes and<br />

studios available by the fall 2006 semester. Visit www.nscad.ca for<br />

details.<br />

18<br />

The <strong>Society</strong> Record


Run for the Cure<br />

CBA recogizes three<br />

NS lawyers for<br />

community service<br />

Nancy Margeson, Executive<br />

Director, Canadian Breast Cancer<br />

Foundation, and Danny Gallivan,<br />

Q.C., Managing Partner, Cox<br />

Hanson O’Reilly Matheson<br />

Like lawyers everywhere, our lawyers and staff are involved<br />

in a wide variety of community organizations and<br />

charitable activities. But when Cox Hanson O’Reilly<br />

Matheson was formed in 1998, we started looking for a<br />

signature event we could get behind as a firm. We were looking<br />

for a prestigeous regional<br />

event and a solid partner Jim Musgrave<br />

charity. And while this Cox Hanson O’Reilly Matheson<br />

would certainly represent<br />

an investment from our marketing budget, it would ideally also be<br />

an event that would draw active participation from lawyers and staff,<br />

and support a cause that was meaningful to all members of the firm.<br />

The Canadian Breast Cancer Foundation’s CIBC Run for the Cure met<br />

our criteria perfectly, and the firm signed on as a regional sponsor in<br />

2003. The CBCF is the leading national volunteer-based organization<br />

dedicated to the fight against breast cancer. Every October thousands<br />

gather in cities across Canada to Run for the Cure.<br />

Cox Hanson O’Reilly Matheson’s involvement in the Run goes far<br />

beyond the regional sponsorship, and I’m delighted to say that our<br />

involvement and commitment is increasing every year. The firm<br />

also contributes to the CBCF from its charities budget. During<br />

the year, our staff carry out in-house fundraising and awareness<br />

activities across Atlantic Canada on behalf of the CBCF. The pink<br />

ribbon of the CBCF marks the firm’s letterhead, website and many<br />

of our ads. We have also sponsored client entertainment events that<br />

spotlight the CBCF and the work it is doing. And of course, our<br />

lawyers and staff participate in the Run.<br />

In 2003, Cox Hanson O’Reilly Matheson introduced its “Business<br />

101 Award” in all Run venues across Atlantic Canada. Businesses and<br />

companies with less than 101 employees are eligible for this award,<br />

designed to engage small and medium sized businesses in the challenge of<br />

fundraising and to stimulate competition between company branches.<br />

I am happy to report that marketing and community involvement are<br />

not mutually exclusive. We are looking forward to this year’s Run and<br />

our continued association with CBCF and the Run for the Cure.<br />

Berrryhill Photo<br />

Trinda L. Ernst, Q.C., of<br />

Waterbury Newton in Kentville,<br />

is the 2004 recipient of the CBA’s<br />

Distinguished Service Award,<br />

presented to honour exceptional<br />

service to the <strong>No</strong>va <strong>Scotia</strong> Branch of<br />

the CBA. As well as her work with<br />

the CBA, Trinda sits on the boards<br />

of several community organizations,<br />

and is a leader with the Girl Guides<br />

of Canada, who last year presented<br />

her with a Gold Award of Merit.<br />

Cheryl Hodder, of McInnes Cooper<br />

in Halifax was presented with the<br />

CBA Community Service Award for<br />

her valuable contributions to several<br />

organizations in the areas of health<br />

care fundraising, board governance<br />

and ethics in fundraising. She is also<br />

involved with Neptune Theatre, the<br />

<strong>Society</strong> of Fundraising Professionals,<br />

Symphony <strong>No</strong>va <strong>Scotia</strong>, and the<br />

Canadian Breast Cancer Foundation.<br />

Jeanne Desveaux, of Schofield &<br />

Desveaux in Upper Tantallon, is<br />

the 2004 recipient of the Zöe Odei<br />

Young Lawyers Award, recognizing<br />

exceptional service to the CBA, the<br />

community and charitable causes.<br />

Elsewhere in this issue, you can<br />

read about Jeanne’s work with the<br />

Alzheimers <strong>Society</strong>, and she also<br />

contributes her time and energies<br />

to the NS Association of Health<br />

Organizations; <strong>No</strong>rthwoodcare, as<br />

a committee member and hospice<br />

volunteer; several school committees; the IWK; and the Centre for<br />

Diverse Visible Cultures NS.<br />

The <strong>2005</strong> Run for the Cure takes place on Sunday, October 2, <strong>2005</strong> at seven<br />

venues throughout Atlantic Canada.<br />

<strong>April</strong> <strong>2005</strong> 19


Andrew Abraham from<br />

Leave Out ViolencE (LOVE)<br />

and Ammy Purcell from the<br />

Youth in Care Newsletter Project<br />

were involved in the planning<br />

of “UnCommon Law”<br />

20<br />

The <strong>Society</strong> Record


UnCommon Law:<br />

a meeting in the middle<br />

Lisa Taylor<br />

Merrick Jamieson Sterns Washington & Mahody<br />

If only you knew the things that I’ve done<br />

I can’t tell you now but they were all real fun<br />

I’d do them again I cannot be stopped<br />

Coz I’m smarter now I will not get caught<br />

I’m going to a place where crime is OK<br />

<strong>No</strong> matter what the sentence I’ll end up walking away<br />

During the process of working on the February issue<br />

of the <strong>Society</strong> Record, we met and spoke with several<br />

lawyers about youth justice issues. An idea was hatched:<br />

what if we could get a group of young people together<br />

with a group of lawyers and let them speak directly in a<br />

situation where they weren’t victims or accused dealing<br />

with counsel We contacted a couple of organizations<br />

that provide services to youth, and asked them to help us<br />

develop the idea and organize the event.<br />

Melissa Hum, Coordinator of Special Initiatives at Phoenix<br />

Youth Programs; Sarah MacLaren, Executive Director at<br />

Leave Out Violence; Shawna Hoyte, a lawyer with Dal Legal<br />

Aid Services; Michele Bushey, a social work student at<br />

DLAS; Rickcola Slawter, Youth Duty Counsel; Andrew Safer,<br />

Coordinator of the Youth in Care Newsletter project, and<br />

staff from the NSBS were joined by young people Rachel,<br />

Jonathan, Andrew, Ammy, Leanne, and others. We also<br />

had input from John Hartling and Alison Pickle from the<br />

Centre for Entrepreneurship, Education and Development<br />

(CEED), and their Youth Employability Project. We were<br />

assisted enormously in our planning and on the day by the<br />

facilitation provided by Tim Merry.<br />

This group rapidly developed a plan for an event that<br />

would make a difference to young people, and to the<br />

members of the legal profession who deal with them,<br />

often in crisis situations. The NSBS is most grateful for<br />

their time, expertise, and commitment.<br />

The poem, written and read by a 21-year-old Daniel, is a letter to a<br />

sentencing judge. Entitled “A Final Fuck Off,” the words are made<br />

more powerful by the young man’s understated, unaffected delivery.<br />

But Daniel isn’t here to accuse, he’s here to learn – and to teach.<br />

He’s one of 40 young people – including some who’ve been in<br />

trouble with, or feel targeted by the criminal justice system – to<br />

take part in “Uncommon Law.” They’ve been joined by an equal<br />

number of lawyers and others who work in the system – social<br />

workers, counselors, program coordinators. Uncommon Law’s<br />

common ground People on both sides of the equation who have<br />

come prepared to cut the rhetoric and speak plainly and honestly<br />

about youth, crime, and the problems with the system.<br />

Say what you mean, speak with intention, cut the crap.<br />

That was the directive issued by facilitator Tim Merry at the start<br />

of the day, and that’s precisely what happened. “I’m finding that<br />

99 percent of these people are really open to talking about things<br />

and are just down to earth, and we’re on a first-name basis which<br />

I think is a huge thing,” explains 18-year-old Andrew. He’s not<br />

used to hanging with lawyers, but he’s keen to bridge the gap. “In<br />

court, so often lawyers are talking legal lingo and we’re talking<br />

normal English and there are some communication issues, but<br />

here everybody’s trying,” he adds. “Pretty much everybody I’ve<br />

encountered at least has been really trying to open up and speak<br />

about things and be open to ideas, not just being rigid.”<br />

The room, the format, and the participants demand nothing less.<br />

The workshop style forces people to step outside their comfort<br />

zone – participants have to mix it up with a new group every half<br />

hour, to meet new people and tackle tough issues together. “I love<br />

the way it’s organized,” says 19-year-old Rachel, “That we have<br />

to listen before we can talk and that we have to switch up tables<br />

instead of just talking to the same people.” Frank talk flowed<br />

<strong>April</strong> <strong>2005</strong> 21


I wanted to jump up and shout, but I just sat and smiled. But he<br />

really seemed like he really cared, so it was really good.”<br />

Wide Open Spaces<br />

after presentations from four different youth groups: Leave Out<br />

Violence (known by the acronym LOVE), an organization of<br />

young people whose lives have been affected by violence, either as<br />

victims, perpetrators, or witnesses; the Youth in Care Newsletter<br />

group, made up of teens who are or have been in foster or group<br />

homes, and Phoenix Youth Programs.<br />

There’s also a group of youth from the Deafness Advocacy<br />

Association of <strong>No</strong>va <strong>Scotia</strong>. Theirs is a simple yet powerful<br />

presentation – three people from the group stand at the front of<br />

the room and have an ordinary conversation – entirely in sign<br />

language. Barely anyone else in the room can sign, so we’re left<br />

in the dark, left to try to intuit what’s being said. It was a stark<br />

example of what it’s like not to know what’s being communicated<br />

around you, and not to have a voice. All of a sudden, people in the<br />

room started thinking a lot harder about how to communicate.<br />

Universal lesson: sometimes it takes attention and caring and<br />

concern to really get what others are saying.<br />

So pierced and tattooed teens rub shoulders with lawyers whose<br />

idea of dressing down entails not ironing their khakis on casual<br />

Friday. But, despite their differences, they learn from one another.<br />

“Basically we were told that if we wanted to get something out of<br />

the day you had to step up,” says lawyer Brian Bailey. He’s just<br />

finished lunch, sharing a table with a group of young people and<br />

Justice Gerald Moir. Over sandwiches and soft drinks, the table<br />

debated the question of personal responsibility, and to what extent<br />

should the community forgive a young person’s crimes on the basis<br />

of a difficult or unstable home life. Daniel – the poet – talks about<br />

the pressure of being a young person responsible for even younger<br />

siblings; he and the judge exchange a wry joke about house arrest.<br />

“You know if you’re just going to sit back and not portray who<br />

you really are and what you really are you’re never going to get<br />

anything out of this,” declares Bailey.<br />

I’m going to tell you about foster homes<br />

“Hello, my name is Justin, and I’m going to tell you about foster<br />

homes.” It’s not a nice story – nor is his friend Andrew’s description<br />

of group home life. And, on top of that, there’s the heartbreak of<br />

misunderstanding. “We are getting ripped out of our homes and put<br />

with strangers we don’t even know and it’s just hard to deal with,”<br />

Ammy from the Youth in Care Newsletter Project explains during<br />

a break. “And then on top of that, we get people saying we’re bad<br />

people just because everybody automatically thinks that it had to<br />

be something that we did, but it could be the parents, it could be<br />

a situation that can’t be helped.” Ammy was on the Uncommon<br />

Law organizing committee, a volunteer group of about six young<br />

people, plus youth group workers and NSBS staff. She says the<br />

event is surpassing her most optimistic expectations. “After our<br />

presentation I went back to our table and there was the judge – the<br />

one judge that’s here, he was at our table – and he said he didn’t<br />

know a lot of the things that we were saying, and he is going to take<br />

this information back to his profession,” she recalls, beaming as she<br />

recounts the conversation. “I was really, really happy to hear that.<br />

After lunch, participants are given what at first seems an impossible<br />

challenge – create a schedule of impromptu seminars for the<br />

afternoon – “Open Space” workshops that others are free to attend<br />

as they choose. The issues put forward are diverse – everything from<br />

“Who represents youth in Family Court” and “Would Somebody<br />

Please Tell Me My Rights During Arrest” to “Violent Video Games<br />

and Movies” and even a “Hip Hop Workshop.” It’s ambitious, yet<br />

it works. Soon every corner of the room is buzzing with activity,<br />

as people debate, disagree and learn. In the Role Playing area,<br />

Barristers’ <strong>Society</strong> Executive<br />

Director Darrel Pink is<br />

cast as a youth accused;<br />

a young person who’s<br />

donned robes portrays his<br />

lawyer. Pink’s voice can<br />

be heard throughout the<br />

room as he shouts at the<br />

judge, heatedly explaining<br />

that his counsel hasn’t<br />

even spoken to him, yet she’s suddenly acting on his behalf.<br />

It’s quite a scene – yet the outburst barely registers with the others,<br />

because they’re so engrossed in what’s happening in their workshops.<br />

“The adults, they’re really listening,” says Andrew, “and that’s pretty<br />

cool because I don’t get that a whole lot, so it’s really good.”<br />

Listening: <strong>No</strong>t Just an “Uncommon” Experience<br />

It was a feel-good day; but, at the conclusion, there was the question:<br />

now what To what extent could a single day really bring about<br />

change Most participants agree there’s much more to be done<br />

if both sides of the equation are going to better understand each<br />

other, and correct misapprehensions. And that takes more face-toface<br />

interaction far away from the courthouse, says lawyer Kevin<br />

MacDonald. “Even those young people who themselves have not<br />

had problems with the system have friends who have had problems,”<br />

MacDonald discovered during the course of the day. “So I think<br />

there can be a very negative view from the youth who’ve had no<br />

problem with the police or the justice system, but they still have a<br />

negative view because of what they’ve heard from others.”<br />

Changing places: Young people traded roles with lawyers in this UnCommon Law workshop. In<br />

this scenario, Tiffany, acting as a lawyer, urges the youth, played by Darrel Pink, to calm down.<br />

Photo by Andrew Safer/YIC Newsletter Project<br />

22<br />

The <strong>Society</strong> Record


UNCOMMON FEEDBACK<br />

One of the presenting groups, the Youth in Care Newsletter project, in front of the open spaces<br />

workshop wall. Back (l-r): Ammy, Tina, Kyle, Tiffany, Leo. Front (l-r): Justin, Andrew, Trevor.<br />

Photo by Andrew Safer/YIC Newsletter Project<br />

“It became clear that everyone could learn from<br />

everyone else; again this is not a position that<br />

our youth (or any youth) are generally given.”<br />

Melissa Hum, Phoenix Youth Programs<br />

“Youth at risk rarely have the opportunity to<br />

speak in a forum such as this, and channel their<br />

experiences positively rather than negatively.”<br />

The <strong>No</strong>va <strong>Scotia</strong> Barristers’ <strong>Society</strong> and the committee of volunteer<br />

youth and youth workers are committed to taking the lessons<br />

learned during this pilot project and exploring the possibilities<br />

for partnerships that will see events like this become a regular<br />

occurrence. UnCommon Law is about finding common ground for<br />

youth, judges, lawyers and community service workers around the<br />

province.<br />

Which is precisely what Rachel took away from the event. “The<br />

most interesting thing that came up was that everybody feels alone,<br />

everybody feels like they’re not understood, every single person at<br />

some point in their life feels like nobody understands them,” she<br />

explains at day’s end. “But that’s twisted because if everybody<br />

feels like that, then we’re all together. That was one of the most<br />

interesting points that came up through the whole day.”<br />

Cynthia Carroll<br />

Coordinator of Development and Special Projects, ADCRF<br />

“I was impressed not only with the turnout, but<br />

the composition of participants - youth, lawyers,<br />

the ombudsman, workers from youth related<br />

fields and a JUDGE! It was refreshing to see<br />

everyone openly participating and interacting<br />

with one another.”<br />

Christine D. Brennan<br />

Office of the Ombudsman<br />

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fax: 1-902-422-6336<br />

e-mail: mark@drakerecording.com<br />

Call us Toll Free: 1-866-421-1913<br />

<strong>April</strong> <strong>2005</strong> <strong>23</strong>


24<br />

The <strong>Society</strong> Record


speaking out<br />

for the <strong>No</strong>va <strong>Scotia</strong><br />

Rainbow Action Project<br />

Kevin Kindred<br />

Cox Hanson O’Reilly Matheson<br />

The <strong>No</strong>va <strong>Scotia</strong> Rainbow Actions Project (N<strong>SR</strong>AP) has been working since<br />

1995 to advance the rights of gay, lesbian, bisexual, two-spirited, transsexual,<br />

transgendered and “queer” people in <strong>No</strong>va <strong>Scotia</strong>. We like to refer to this group<br />

as “the Rainbow Community” – which, at the very least, rolls off the tongue a<br />

little more easily.<br />

I am a relative newcomer to the Board of Directors for N<strong>SR</strong>AP, having only joined in the<br />

summer of 2004. However, it has been a very active year for N<strong>SR</strong>AP and other similar<br />

groups across the country, and I have had the opportunity to become very involved in such<br />

a short time.<br />

The work undertaken by N<strong>SR</strong>AP is quite varied. We have worked with human rights<br />

bodies, the education system, police, the justice system, health organizations, spiritual<br />

groups, and other organizations in order to promote equality in all facets of life in the<br />

province. We are also involved in a number of important research projects, and we try to<br />

serve as a voice for the Rainbow Community in the press.<br />

Our most obvious public accomplishment in the last year has been with respect to samesex<br />

marriage. In September, 2004, we participated in the court challenge that led to the<br />

legalization of same-sex marriage in <strong>No</strong>va <strong>Scotia</strong>. Since then, we have been active in<br />

lobbying efforts to achieve federal legislation affirming same-sex marriage, and we have<br />

tried to maintain a strong media presence. I have been pleased to volunteer my legal<br />

and advocacy skills on this project, and have (somewhat inadvertently) become a media<br />

spokesperson on the issue.<br />

Photo by Ted Power/NSBS<br />

While a lot of time and effort has gone into the issue of same-sex marriage, I am equally<br />

excited about the other N<strong>SR</strong>AP projects. I have worked on projects ranging from a<br />

presentation on how the court system addresses the needs of disadvantaged groups, to<br />

advocating for greater understanding of transgendered issues in <strong>No</strong>va <strong>Scotia</strong>, to helping<br />

with the development of a national strategy for addressing violence against the Rainbow<br />

Community. With each of these projects, I feel that I am using my legal training and<br />

critical thinking skills to improve our province, by trying to secure equality and respect<br />

for all.<br />

My work with N<strong>SR</strong>AP has taught me a lot about the power, and responsibility, of lawyers<br />

to work to achieve a more just society.<br />

<strong>April</strong> <strong>2005</strong> 25


Alzheimer <strong>Society</strong> of <strong>No</strong>va <strong>Scotia</strong><br />

life for a longer period than would have been possible without these<br />

medications. The society promotes early diagnosis, because the earlier<br />

a person receives a diagnosis, the sooner treatment can begin.<br />

The Alzheimer <strong>Society</strong> was founded over 25 years ago as a not-forprofit<br />

health organization dedicated to helping people affected by<br />

Alzheimer Disease. The society consists<br />

of a national office, 10 provincial<br />

organizations and more than 140 local<br />

groups across the country. Presently in<br />

Jeanne Desveaux<br />

Schofield & Desveaux<br />

Canada there are 280,000 individuals over the age of 65 affected by<br />

the disease. Alarmingly, it is expected that by the year 2031, there<br />

will be 509,000 Canadians over the age of 65 living with this illness.<br />

One-quarter of Canadians have someone in their family with this<br />

illness or a related dementia.<br />

The society’s vision is to provide leadership in addressing the reality<br />

of Alzheimer Disease, to develop new programs and to strengthen<br />

Alzheimer Disease is a progressive, degenerative disease of the<br />

brain. The brain cells shrink or disappear, and are replaced<br />

by dense, irregularly-shaped spots, or plaques. Another<br />

indicator is thread-like tangles within existing brain cells<br />

and these tangles eventually choke healthy brain cells. The symptom<br />

most people associate with the disease is memory loss; however, it also<br />

affects a person’s ability to make decisions and, over time, affects his or<br />

her ability to carry out daily tasks, making them increasingly reliant<br />

on others. Often, the person may experience changes in mood and<br />

behaviour.<br />

The cause of this disease is still unknown; but the Alzheimer <strong>Society</strong><br />

is committed to alleviating the personal and social consequences of<br />

Alzheimer Disease and other dementias while promoting the search<br />

for the cause and an eventual cure. There have been significant<br />

advancements made in research in the past few years, resulting in<br />

new medications being prescribed to people who are in the various<br />

stages of the disease. In many cases, these drugs effectively reduce<br />

the symptoms of the disease, allowing individuals a better quality of<br />

Photo by Ted Power/NSBS<br />

The society promotes early<br />

diagnosis, because the earlier a<br />

person receives a diagnosis, the<br />

sooner treatment can begin.<br />

existing programs for the care of those affected. Additionally, the<br />

society seeks to advance and develop educational opportunities, and<br />

to participate in and promote research.<br />

The story is changing in the fight against Alzheimer Disease;<br />

by donating money or volunteering your time, you can help the<br />

Alzheimer <strong>Society</strong> continue to make a difference in the lives of<br />

individuals with the disease, as well as those who care for them.<br />

There are many opportunities for volunteers such the annual Coffee<br />

Break, Memory Walk or Door-to-Door campaigns, InfoLine services<br />

and the numerous committees of the society. For information on the<br />

Alzheimer <strong>Society</strong> of <strong>No</strong>va <strong>Scotia</strong> and volunteer opportunities visit<br />

www.alzheimer.ns.ca, email the society at info@alzheimer.ns.ca or<br />

call (902)422-7961.<br />

Richard Niedermayer is the current President of the Alzheimer <strong>Society</strong><br />

of <strong>No</strong>va <strong>Scotia</strong> Board, and Jeanne Desveaux and Brian Church serve<br />

as members of the board.<br />

26<br />

The <strong>Society</strong> Record


Justice issues<br />

in Nunavut<br />

Nunavut Justice will be working with other partners in the justice and health<br />

systems to develop a community-based healing approach that will help Nunavut<br />

communities to deal with the problems that lead to criminal behaviour.<br />

I<br />

have been asked by the Nunavut Department of Justice to work<br />

with them as a volunteer adviser with the Canadian Executive<br />

Services Office (CESO), on an alternative healing diversion<br />

project. I approach this task with equal parts of optimism and<br />

humility: I have some useful experience to bring to the project because<br />

of my previous life as head of Justice Canada’s <strong>No</strong>rthern Region, but I<br />

don’t kid myself that I know how to solve the issues facing the people<br />

of Nunavut. <strong>No</strong>r do I compare anything I might have learned in 30<br />

years of government work with the lessons in strength, endurance and<br />

patience that the Inuit have had to learn in order to survive.<br />

Nunavut is Canada’s newest territory, created on <strong>April</strong> 1, 1999, as<br />

a result of the Inuit Land Claims Agreement. About 85 percent of<br />

Nunavut’s population of 29,000 are Inuit. Carving out a separate<br />

territory from the former <strong>No</strong>rthwest Territories was one way to give<br />

the Inuit of the Eastern Arctic more control over their own lives.<br />

The creation of Nunavut was accompanied by high expectations<br />

and worldwide goodwill. The translation of those expectations into<br />

improvements in the daily life of Nunavummiut is proving to be a<br />

slow grind.<br />

In the area of criminal justice, Nunavut continues to grapple with<br />

enormous challenges. Rates of violent crime in all three territories<br />

are much higher than the national average, and in Nunavut they<br />

are almost eight times higher. Nunavut is living with the results<br />

of the disruption of traditional Inuit ways of surviving in the harsh<br />

conditions of the <strong>No</strong>rth. The cultural and economic changes that<br />

have resulted from contact between the Inuit and the “western”<br />

world are still being worked through.<br />

But what to do about it It is not at all clear to a southern observer<br />

that the Canadian legal system is capable of doing much to help<br />

improve the situation. Police, prosecutors, judges, legal aid lawyers,<br />

victims’ services and correctional officials all work extremely hard to<br />

protect the public, help the victims and help rehabilitate offenders.<br />

But in most cases the intervention of the law comes much too late to<br />

make any real difference beyond shortterm<br />

protection of victims.<br />

Andrew Watt<br />

In the kinds of crime, particularly crimes<br />

against persons, which dominate Nunavut crime statistics, it is clear<br />

that individual offenders are affected by such factors as cultural and<br />

economic dislocation, alcohol and drug abuse, and cycles of family<br />

violence and sexual abuse. There is little hope for reducing the rate<br />

of these kinds of crimes simply by sentencing offenders to prison<br />

or to short-term treatment programs. It is important that offenders<br />

such as spouse abusers have access to effective treatment, but it is<br />

also important that healing programs go beyond the offender to deal<br />

with the underlying dysfunction in the communities. You can’t do<br />

much about crime rates without breaking the cycle of violence and<br />

abuse that causes people to commit crimes, and you can’t expect to<br />

break that cycle without strong community involvement.<br />

The justice system in Nunavut has to continue to do what it does,<br />

but at the same time be willing to help Inuit explore ways of dealing<br />

with crimes and their causes that will reduce the need for police,<br />

courts and corrections. It may be that some variation on a restorative<br />

justice approach will be useful in Nunavut, but it is essential that<br />

the approach be developed by the people of Nunavut, for it is their<br />

own communities that need help, their own fathers, mothers, aunts,<br />

uncles and children that are the offenders and the victims.<br />

The Nunavut Government is dedicated to making traditional Inuit<br />

knowledge an integral part of the way it carries out its mandate. The<br />

challenge lies both in identifying what traditional Inuit knowledge<br />

has to teach us, without sacrificing the basic principles of fairness,<br />

due process and protection of the vulnerable by the state.<br />

It is hoped that Nunavut can attack the root causes of criminal<br />

behaviour by offering community-based, culturally appropriate<br />

healing programs that will also offer Justice an effective diversion<br />

option for use by the courts and police.<br />

<strong>April</strong> <strong>2005</strong> 27


setting the<br />

wheels in mo<br />

28


tion<br />

Alex Keaveny<br />

Barrister & Solicitor<br />

If you are already a skater or you have kids, family or friends who<br />

skateboard or ride BMX/MTX bikes, I’ll cut to the chase: the Halifax<br />

Skatepark Coalition(HSC) is a volunteer, non-profit organization. We are<br />

building a $500,000 skatepark on the Commons in Halifax and we need<br />

your help. So go to www.HFXskatepark.org and get involved now! For<br />

those of you who don’t know much about skateboarding, please read on.<br />

Photo by Ted Power/NSBS<br />

Halifax skateboarder, Marcel Beaulieu, lands an ollie in the background<br />

<strong>April</strong> <strong>2005</strong> 29


While you can skateboard almost anywhere,<br />

sometimes you want to skate where you don’t have<br />

to worry about cars, buses, and security guards or<br />

getting stopped and ticketed by the police. That<br />

place is called a skatepark.<br />

The current Halifax skatepark began in 1995-96 when the Halifax<br />

Regional Municipality paved half of the abandoned duck pond on<br />

the Commons and built a small concrete bowl. Later the city added<br />

lights to allow for night skating. The initial bowl was originally<br />

intended to be phase 1 for a new park, but, as is sometimes the<br />

case, phase 2 never happened. Over the years, local skaters raised<br />

funds and gradually added a couple of wooden and cement<br />

obstacles. The park has been a big success, and has provided local<br />

skaters with a place to skate hassle-free.<br />

In the 10 years since the Halifax skatepark project began,<br />

communities from coast to coast have built well over two hundred<br />

public concrete skateparks, and skatepark design and construction<br />

has progressed tremendously. I have been able to travel to and skate<br />

and enjoy some of these parks, and I am very excited about helping<br />

local skaters experience what it’s like to skate a world-class skatepark.<br />

While much of the progression in skatepark design and construction<br />

has been taking place in Central and Western Canada, the East<br />

is catching up. Last fall, St. John’s built a $350,000 skatepark.<br />

The Halifax Skatepark Coalition Project wants to bring this<br />

phenomenon to Halifax by bringing the current Halifax Skatepark<br />

up-to-date with the types of facilities other communities have been<br />

building across Canada.<br />

The project itself is very ambitious. Our project will provide Halifax<br />

with one of the biggest and best skateparks in Canada, and at<br />

$520,000 our budget is also the biggest attempted in the Maritimes.<br />

The new skatepark will be a total overhaul of the existing park<br />

on the Commons. Professionally designed, engineered and<br />

constructed, it will be a facility that will accommodate the evergrowing<br />

skateboard, BMX and MTX communities. Challenging<br />

participants of all skill levels, it will be safe, permanent, free, and<br />

most of all, fun. In addition, we hope the project will also help<br />

rejuvenate the Commons. Our plan includes benches, picnic tables,<br />

chess/games tables and other site improvements that everyone who<br />

uses the Commons can enjoy.<br />

The HSC has formed a strong partnership with the HRM, and we<br />

have received tremendous support from individual city councillors,<br />

HRM staff, countless parents, the local business community and other<br />

interested citizens. We are well into the design phase of the project and<br />

the response to the first draft of the new park has been amazing.<br />

The HRM has already provided us with the $20,000 needed for<br />

the design phase and the <strong>2005</strong> HRM budget includes an additional<br />

$200,000 towards the new park. We hope to secure provincial<br />

funding of approximately $150,000, leaving $150,000 to be<br />

raised by the Halifax Skatepark Coalition. So far our fundraising<br />

efforts have been going great. The local skateboard/BMX/MTX<br />

community is working hard and we are confident we’ll meet our<br />

target in time for a fall <strong>2005</strong> groundbreaking.<br />

Once the current skatepark project is complete, the HSC plans<br />

on building more great skateparks in other parts of the HRM and<br />

other communities in <strong>No</strong>va <strong>Scotia</strong>.<br />

As one of the directors of the HSC, like everyone else in the<br />

organization, I devote lots of time and energy to the day-to-day<br />

tasks of the project, including organizing fundraisers and other<br />

events, attending meetings and working with skaters and bikers<br />

to ensure that everyone gets the park of their dreams, as well as<br />

lobbying councillors, businesses and others in the community for<br />

their support and funding.<br />

For many people, their image of a skateboarder is the baggypants-wearing<br />

kid sliding on the ledges outside their office. While<br />

many skateboarders fit that description, we are also business<br />

owners, artists, students, parents, and yes, lawyers. The fact that<br />

I’m a lawyer I feel sometimes helps to broaden people’s views on<br />

skateboarding and allows them to see past their preconceptions.<br />

On a practical level, from problem-solving to being able to present<br />

our project in such a way that the intended audience can relate to<br />

it, I think the skills I have learned and the perspective I bring as a<br />

lawyer serve the coalition well.<br />

Skateboarding has been a part of my life for over 18 years and<br />

it has enriched my life immeasurably. <strong>Vol</strong>unteering with the<br />

Halifax Skatepark Coalition Project has provided me with a<br />

brilliant opportunity to bring together two of my passions, law and<br />

skateboarding, to help create a great places for skaters and bikers to<br />

practice the sports they love and to make a lasting contribution to<br />

the Commons and the HRM. Isn’t that what it’s all about<br />

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30<br />

The <strong>Society</strong> Record


never give up!<br />

TIMEOUT! L-R: Troy Beavies, Nathaniel Gough, Dylan Clarke and Coach Wright<br />

I<br />

started volunteering at the Community YMCA on Gottingen<br />

Street in the north end of Halifax three years ago. I coach<br />

mini boys basketball (9-12 years)at level 2 or “B” level.<br />

<strong>Vol</strong>unteering at the Community Y is a way for me to give<br />

back to the community that gave so much to me as a young child<br />

and a youth. My mom raised eight of us in Uniacke Square. My<br />

basketball coaches at the Y were important mentors in my life and<br />

provided me with a very positive influence. Once my own children<br />

were old enough to tag along, I decided it was time to pay back my<br />

coaches by teaching other young children a few of the values and<br />

work ethic I received.<br />

Photo by Catherine Cogswell<br />

On the court, during both practice<br />

and game times, we focus on<br />

fundamentals and learning to rely<br />

upon and trust each other. Off the<br />

Alonzo Wright<br />

Public Prosecution Service<br />

court, we focus on school, school, and then school! We also talk<br />

about the importance of representing our families and community<br />

with respect and pride.<br />

I’ve received lots of help from family, friends and associates since I<br />

began volunteering at the Community Y. Last year I did a small<br />

fundraiser within the legal community and was overwhelmed by the<br />

response. We were able to co-sponsor a basketball showcase during<br />

African Heritage Month; send kids to basketball camp, send kids to<br />

the Mens Final Eight; as well as put on an awards dinner with the<br />

money that was donated. This year, with the help of John O’Neill,<br />

warmup shirts were donated and the kids where thrilled.<br />

On Saturday, February 13, <strong>2005</strong>, we made it to the Metro Basketball<br />

Association Mini Boys (Level 2) championship game. We were<br />

playing against the bigger and more individually talented Dartmouth<br />

Boys & Girls Club. Going into the seventh of eight shift changes,<br />

we were down 12 points. Then “it” happened. The kids gained<br />

momentum, played as a team and played with heart! We won the<br />

championship game by five points. I gathered my team together in a<br />

huddle and once again reinforced “This is what I was talking about<br />

all year! Never give up! Never give up on basketball! Never give up<br />

on life! Never give up on yourself!!!”<br />

I knew that I had gotten through and that at least some of my kids<br />

on occasion listen to me, when I overheard two of my better players<br />

talking just as the championship game was about to begin. One said to<br />

the other “Man, we aren’t starting again” to which the other responded<br />

“It’s not about who starts the game, it’s about who finishes it.”<br />

You only need to pick up a newspaper or turn on the television<br />

to know that “the Square” and the surrounding communities are<br />

going through a most difficult and challenging period. As always,<br />

it is the kids who suffer the most. I have been there and I know the<br />

community is full of future doctors, lawyers, social workers, police<br />

officers and other leaders. The kids in the community just need<br />

some hope and encouragement.<br />

Front L-R: Perry Cogswell-Wright, Raheem Munroe Back L-R: Thomas McLane,<br />

Nathaniel Gough, Bradley Martin, Coach Wright, Troy Beavies, Jaivoan Cromwell<br />

<strong>April</strong> <strong>2005</strong> 31


32<br />

The <strong>Society</strong> Record


ton good<br />

A TON OF TIN DOES<br />

a of<br />

Photo by Ted Power/NSBS<br />

Gordon F. Proudfoot, Q.C.<br />

Boyne Clarke<br />

I never knew how<br />

large a ton of<br />

tinned goods would<br />

be. I soon found<br />

out when our firm<br />

decided to collect<br />

for the Metro<br />

Food Bank for<br />

Christmas, 2004. >>


The key was to find cheap tinned goods. I was amazed to<br />

see soup now cost a heck of a lot more than what I paid<br />

back in law school 27 years ago. So while I sat in my<br />

favourite chair, I came across a flyer from the local Price<br />

Chopper offering soup at 33 cents a tin, down from 60 cents. Eureka!<br />

I immediately jumped in my car, ran down to the local groceteria<br />

and negotiated it down to 30 cents a tin, promising to take 1,400<br />

pounds on spec that I could raise enough money to pay for it. The<br />

manager of the store thought I was crazy until I explained it was<br />

for the Metro Food Bank.<br />

Things were rolling along pretty well until I explained to my wife<br />

that the entire family had to go over to the grocery store right away<br />

and start loading tins into the back of the station wagon to bring<br />

them back to the cottage. FULL STOP. That idea got the “veto.”<br />

She advised me I should leave it at the grocery store until I got a<br />

truck and some able-bodied men to move the soup because the<br />

family was on vacation, “…not in the trucking business!” Fine. She<br />

was not impressed by my argument that there were only 125 days<br />

left until Christmas to get it into the city .<br />

<strong>No</strong>w I had to find donors at the firm to contribute cash or<br />

Gordon’s family was sitting a lifetime supply of chicken noodle.<br />

We needed an event to rally the troops and encourage monetary<br />

donations and of course, more tinned goods to make the goal of<br />

“one ton.” I knew that one of our newly-minted lawyers, Rebecca<br />

Hiltz LeBlanc, is a trained opera singer, and my son is a keen<br />

magician. Ben constantly drives me crazy using me as a guinea<br />

pig for his card tricks and disappearing acts at home. The event<br />

was called “Music, Magic and Hors d’oeuvres,” and because my<br />

wife was away, it was left to Ben and I to pull some hors d’oeuvres<br />

out of a hat. The next day, the men really liked our king-size hors<br />

d’oeuvres, but the women had a hard time putting them into their<br />

mouths. But hey, Fred Flintstone knew where were coming from<br />

…steak on a stick ! The other hors d’oeuvres made by the female<br />

staff were quite delicately arranged, and made quite a sensation.<br />

Rebecca’s performance brought a standing ovation, and Ben<br />

tricked more than 20 Boyne Clarke lawyers, and left them with<br />

bewildered looks, agog at his sleight of hand.<br />

In the end , we collected about 1.5 tons of tinned goods, and happily<br />

presented them on behalf of our staff, to CBC Information Morning’s<br />

Christmas Metro Food Bank Drive on December 8, 2004.<br />

Let me tell you a little story. When John Turner was (briefly) Prime<br />

Minister and was in town campaigning, we arranged for Turner to<br />

visit the Metro Food Bank. The place was packed with volunteers<br />

and community members and I never forgot his speech. He<br />

opened with “The first thing I want to do is to put you guys out of<br />

business!” Most of the people’s faces expressed fear, then confusion,<br />

and then finally, smiles slowly emerged from their faces when they<br />

realized what he was saying. In <strong>No</strong>va <strong>Scotia</strong> more than 60,000<br />

children live in poverty, and across Canada, it’s more than one<br />

million children. Join me next Christmas and have your firm match<br />

our Ton of Tin and make a small dent in a world-wide problem…<br />

and I guarantee you’ll feel great making this difference.<br />

L-R: Dianne Swinemar (Executive Director, Metro Food Bank <strong>Society</strong>), Alexandre Letourneau (Katimavik volunteer), Gordon Proudfoot, Q.C., John (Jack)<br />

McDonald (Senior Warehouse Manager), Walter Westwood (volunteer), and Catherine (Bunny) McConnell (volunteer)<br />

Photo by Ted Power/NSBS<br />

34<br />

The <strong>Society</strong> Record


Boyne Clarke’s Summer Student Program<br />

Benefits Many<br />

Rob Miedema<br />

Dalhousie Law School<br />

We take pride in the firm’s<br />

commitment to charitable<br />

objectives and in the confidence<br />

that they showed in our abilities<br />

by sending us out to work.<br />

Through its unique summer program for future articling<br />

clerks, Boyne Clarke has created a situation where<br />

everyone wins. This program is gaining recognition<br />

from firms and students in the Atlantic region and<br />

throughout Canada who recognize its benefits to the community,<br />

summer students and the firm.<br />

Each February when Boyne Clarke hires articling clerks for the<br />

following year, they also offer the opportunity to work for the<br />

summer…but there’s a twist. Rather than bring the students into<br />

the firm to do research and other clerk tasks, the firm sends its<br />

students to local charities that have legal projects or needs.<br />

In the summer of 2004, I was placed at reachAbility (formerly<br />

Reach <strong>No</strong>va <strong>Scotia</strong>). reachAbility provides legal and employment<br />

support programs and advocacy for persons with disabilities.<br />

My job at reachAbility was to coordinate two of their legal<br />

programs. One program aims to make the law more accessible to<br />

people with disabilities by presenting it in accessible language to<br />

facilitate peer- and self-advocacy. The second program provides a<br />

link between communities of citizens with different abilities and<br />

legal professionals in <strong>No</strong>va <strong>Scotia</strong>. I also worked on projects related<br />

to reachAbility’s Legal Referral Service, privacy and corporate law<br />

issues relevant to their operations, and I was happy to participate in<br />

their annual golf tournament.<br />

Boyne Clarke’s other summer students – George Ash, Chris Madill<br />

and Scott Lytle – were placed at Sport <strong>No</strong>va <strong>Scotia</strong>, Halifax<br />

Association for Community Living and the Refugee Clinic,<br />

respectively. We take pride in the firm’s commitment to charitable<br />

objectives and in the confidence that they showed in our abilities<br />

by sending us out to work.<br />

Like students at other firms we gained financial and experiential<br />

benefits from our summer jobs. However, our experience differed<br />

in that we had extensive contact with the organizations we worked<br />

with and were involved in all facets of their operations. The extent<br />

of this contact gave us an appreciation of our own skills and will<br />

help us in future relationships with clients.<br />

Most people never have an opportunity to be as involved with a<br />

charity. The summer program is a selling point to law students<br />

who are applying for articling jobs, many of whom have started<br />

rating Boyne Clarke as their first choice in the HRM. In addition,<br />

the firm’s strong community ethic is publicized as we go about our<br />

summer work, and we return to the firm to article, armed with the<br />

value of our experiences and contacts.<br />

Perhaps the most important benefits are hard to name. If you<br />

are uncomfortable with the notion of “karma,” then maybe you<br />

will find the words of Benjamin R. Barber express it best: “The<br />

language of citizenship suggests that self-interests are always<br />

embedded in communities of action and that in serving neighbours<br />

one also serves oneself.”<br />

“It really opened my eyes to the challenges that are not only faced<br />

by persons with mental health difficulties, but also the challenges<br />

faced by non-profit organizations, and the choices they have to<br />

make on how to spend their resources. Although the advocacy<br />

piece of what they do is critical, they are not always able to direct<br />

their attention in that way.”<br />

Leah Tinkham is currently completing her year as an articled<br />

clerk with Boyne Clarke, and participated in the Summer Student<br />

Program in 2003 at the Metro Community Housing Association.<br />

<strong>April</strong> <strong>2005</strong> 35


36<br />

The <strong>Society</strong> Record


a mind like<br />

still water<br />

Members of the Dal Karate Club on the Dalhousie/Kings<br />

College campus practice mizu no kokaro (a mind like still<br />

water) with Tony Tam’s instruction.<br />

Tony Tam<br />

Patterson Palmer<br />

Photo by Dan Abriel<br />

<strong>April</strong> <strong>2005</strong> 37


Tony Tam, a partner at Patterson Palmer in Halifax,<br />

founded the Dal Karate Club over 25 years ago while<br />

studying for his commerce degree at Dal. He had<br />

obtained his first degree black belt two years before<br />

and was the youngest instructor of the Japan Karate Association<br />

(JKA) in Canada. In those days there were few Canadians with<br />

black belts under the JKA, which presently has over three million<br />

members worldwide.<br />

The club, or dojo, started with a handful of members in the lower<br />

studio at the Studley Gym in 1979. It now has over 120 practicing<br />

students, including 30 black belts training in the fitness centre on<br />

the Kings College campus.<br />

Tony is now a sixth degree black belt, and he and his brother, Dr.<br />

Daniel Tam, also a sixth degree black belt, are the highest ranked<br />

JKA instructors east of Toronto, and two of only six certified JKA<br />

instructors in Canada.<br />

Remaining as a wholly non-profit organization and spreading<br />

karate to the university population has been the main focus of<br />

the dojo. The membership fees, used mainly to pay for operating<br />

expenses and subsidizing special events, are less than half of<br />

most commercial clubs, and students pay even less. Members<br />

are approximately half university students and faculty, half Dal<br />

alumni and community members, and equally split between male<br />

and female. As a result, in any one of the seven classes each week,<br />

you’ll find students from law and just about every faculty on<br />

campus, practicing lawyers and even a judge, Justice Joel Fichaud<br />

of the Court of Appeal.<br />

Tony has lost track of the number of students who have trained<br />

at the dojo, but many moved on after graduation as their careers<br />

took them outside the province. Karate, like the practice of law, is<br />

a lifelong learning experience and many students who stop training<br />

eventually find their way back.<br />

Tony met his wife Elizabeth Welsh (who is also a black belt) at<br />

the dojo. She understands the pressures of juggling time and<br />

commitment, but their children, twins Jessica and Jamie (9) and<br />

Justin (5) do not yet have the same appreciation.<br />

While many appreciate the physical benefits of karate training<br />

and being able to defend oneself, all students eventually learn that<br />

the development of the mind and character is the ultimate goal of<br />

karate. “Karate-do” literally means “the way of the empty hand.”<br />

Naturally people think that that means fighting using your hands<br />

and feet without a weapon. However, this is only the physical and<br />

technical aspect of karate. The true meaning of karate-do is the<br />

“way of the empty mind” – a mind detached and clear of stress,<br />

anger and fear.<br />

Karate-do teaches perseverance, loyalty, proper etiquette, respect<br />

for others, equality and justice. These principles are wholly<br />

consistent with the practice of law. Applying these principles to<br />

one’s daily life, whether it is at the work place or in school, is what<br />

members of the club seek to achieve.<br />

<br />

<br />

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<br />

<br />

<br />

<br />

<br />

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38<br />

The <strong>Society</strong> Record


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<strong>April</strong> <strong>2005</strong> 39


Ujit Elmi’knik<br />

for the future<br />

On February 18 and 19, <strong>2005</strong>, the Dalhousie<br />

Aboriginal Law Student Association<br />

(DALSA), hosted a conference, “Ujit<br />

Elmi’knik: For the Future – A Forum<br />

to Discuss the Future of the Mi’kmaw People,” at<br />

Dalhousie Law School.<br />

DALSA, a student-run society made up of both<br />

Aboriginal and<br />

non-Aboriginal<br />

Dal law students,<br />

organizes activities<br />

Naiomi Metallic<br />

Dalhousie Aboriginal Law Student Association<br />

and events that will bring the Aboriginal perspective into<br />

the law school and to outside communities.<br />

The purpose of the conference was to explore and<br />

evaluate the various ways First Nations, specifically<br />

the Mi’kmaw, seek to advance their interests. “It is<br />

dangerous to generalize what a peoples’ interests are,”<br />

said DALSA President Naiomi Metallic in her opening<br />

address, “but it can safely be said that First Nations<br />

communities seek to be less economically dependent<br />

upon the government and to have more control over<br />

their governance structures and resources.” DALSA<br />

identified three avenues First Nations use in order to<br />

advance interests that they wanted explored during the<br />

discussions on the future of the Mi’kmaq.<br />

The first avenue that was addressed at the conference<br />

was the assertion of Aboriginal title, Aboriginal and<br />

Treaty rights, and self-government under section 35 of<br />

Constitution Act, 1982. Presenters on this panel were<br />

Canada’s leading Aboriginal Law scholar, Professor<br />

John Burrows; Constance MacIntosh, Aboriginal Law<br />

Professor at Dalhousie Law School; and Bruce Clarke,<br />

a Halifax lawyer from the law firm Burchell Hayman<br />

Parish who litigates Aboriginal rights. Professors Burrows<br />

and MacIntosh addressed the emerging concepts in the<br />

jurisprudence, particularly the concepts on the duty to<br />

consult and the honour of the Crown coming out of the<br />

recent Supreme Court of Canada decision in Haida.<br />

Mr. Clarke focused his presentation to the practical<br />

application of these concepts in litigation.<br />

The second panel on Saturday morning focused on the<br />

negotiation process, ongoing in Canada since the 1973<br />

Calder decision, which has taken on special significance<br />

here in the Maritimes since the 1999 Supreme Court<br />

40


Marshall decision. Processes are underway between the Mi’kmaq<br />

and government to negotiate the rights that stem from the Peace and<br />

Friendship Treaties. Bruce Wildsmith, lead negotiator for the Mi’kmaq;<br />

Jamie Campbell, lead negotiator for <strong>No</strong>va <strong>Scotia</strong>; and Viola Robinson,<br />

Senior Mi’kmaq Advisor, all came to discuss Maw-Klusuaquan (the<br />

Made in <strong>No</strong>va <strong>Scotia</strong> Process). Brenda Gideon Miller, Executive<br />

Director of the Migmawei Mawiomi, the organization representing the<br />

Mi’kmaq of the Gaspé region in their comprehensive claim, also came<br />

to deliver her observations and expectations of the negotiation process.<br />

The third avenue explored at the Conference, moving away from<br />

processes where government has direct involvement, was private<br />

enterprise and economic development. Calvin Helin, founding<br />

president of the Native Investment and Trade Association,<br />

delivered a picture of the current economic situation of First<br />

Nations communities in Canada, making a compelling argument<br />

for why First Nations must take control of their current financial<br />

situation. Bernd Christmas spoke of the success Membertou First<br />

Nation has achieved in economic development since attaining ISO<br />

(International Organization for Standardization) certification.<br />

But even before the discussion on these avenues got underway,<br />

DALSA wanted some very important preliminary issues to be<br />

addressed. “The legacy of the Indian Act, which has created a<br />

division among the Mi’kmaq between ‘status’ and ‘non-status’<br />

and has also perpetuated inequality between the men and women,<br />

needs to be addressed when talking about the future,” said Josie<br />

McKinney, DALSA Vice President. Frank Palmater, past president<br />

of the New Brunswick Aboriginal Peoples Council, and National<br />

Vice-President of the Congress of Aboriginal People, spoke<br />

passionately about the need for the Mi’kmaq to move beyond the<br />

Indian Act’s definition. Candy Palmater, a strong advocate for the<br />

rights of Aboriginal women, and a member of the <strong>No</strong>va <strong>Scotia</strong><br />

Status of Women currently working with the <strong>No</strong>va <strong>Scotia</strong> Public<br />

Service Commission (on secondment from the Office of Aboriginal<br />

Affairs), gave a moving presentation on the challenges faced by<br />

Aboriginal women because of the Indian Act.<br />

The conference also included a presentation by Professor Patti<br />

Doyle-Bedwell, Director of the Transition Year at Dalhousie<br />

University, who spoke on the rights of Indigenous people in<br />

International Law. As Shelley Martin explained in introducing the<br />

presentation, “all the discussions on the avenues available within<br />

Canadian domestic law would raise the question of ‘what can<br />

we do when domestic seems to fail us’” Citing the Lavoie case<br />

(where a Malicete woman from New Brunswick unsuccessful in<br />

the Canadian courts with her claim of discrimination against the<br />

Indian Act, took it to the International Court and won, which<br />

effectively led to Bill-C31), Professor Doyle-Bedwell urged that<br />

International Law can be an effective tool for Aboriginal people.<br />

presentations from members of DALSA and Mi’kmaq leaders in the<br />

community, a sentencing circle simulation given by Tanya Johnson,<br />

of the Mi’kmaq Legal Support Network; a discussion on the duty to<br />

consult, given by Professor Richard Devlin of Dalhousie Law School;<br />

an information session on attending Dalhousie University and a<br />

virtual tour of the campus, and a visit the law courts. The feedback<br />

from the students was very positive and all said they would gladly<br />

attend again.<br />

While quite exhausted from all the work that went into planning<br />

these events, the members of DALSA are very pleased with their<br />

efforts and hope to host similar events in the future. They are<br />

grateful to the organizations whose generous support made the<br />

events possible.<br />

Legal Who<br />

On February 12, <strong>2005</strong>, a masquerade ball was held to<br />

raise funds for Dalhousie Legal Aid Service. “The<br />

Legal Who” was the work of recent Dal Law graduates<br />

Peter Sullivan, Martha Casey and Megan Leslie.<br />

“We wanted to organize an event where we could have some fun and<br />

give back to the community at the<br />

same time,” said Sullivan, articled<br />

clerk at Patterson Palmer. “With the<br />

work that the Clinic is doing in test<br />

Megan Leslie<br />

Dalhousie Legal Aid Services<br />

case litigation, community development and public legal education…<br />

well, we couldn’t think of a better organization to support.”<br />

The event was held at the Halifax Club, thanks to the efforts of<br />

Past President Don MacLeod, and featured a trio from Symphony<br />

<strong>No</strong>va <strong>Scotia</strong>, as well as The Chebucto Big Band. Masks were<br />

available at the door, but many guests got into the spirit of the<br />

event and brought their own masks.<br />

“We were really pleased with the support we received from the<br />

legal community. We made over $3,000 for the Clinic, raised some<br />

awareness about DLAS, and managed to get in a fair amount of<br />

dancing at the same time!” noted Casey, who is doing her articles at<br />

Boyne Clarke. “It really seemed like people had a great time.”<br />

The Legal Who committee would like to thank the Halifax Club,<br />

Dalhousie Law School, the volunteers who helped sell tickets, and all<br />

the firms and people who bought tickets to support this event.<br />

Over a hundred people attend the conference, including<br />

students, professors, members from the Mi’kmaq community,<br />

band councillors, representatives from Mi’kmaq organizations,<br />

politicians, and government employees.<br />

DALSA also held a Student Day on February 17 at the Mi’kmaq<br />

Native Friendship Centre, attended by about 40 Mi’kmaq students<br />

from Listuguj, Eskasoni, Pictou Landing, Waycobah, Indian Brook,<br />

Chapel Island, as well off-reserve students. The activities included<br />

The Legal Who Committee - Martha Casey, Don MacLeod, Megan Leslie, Peter Sullivan<br />

<strong>April</strong> <strong>2005</strong> 41


EASTERN<br />

NOVA SCOTIA<br />

home & school<br />

Advisory Councils seek parental and community input<br />

Don and I have three sons, Sam, Nicholas and<br />

Christopher, and we practice law in Antigonish.Before<br />

our senior partner, Jean MacPherson, Q.C., retired<br />

in 2002 after 50 years of practice, we could claim<br />

to be the largest and the oldest firm in town. Providing a good<br />

education for our children has been a priority, and when the<br />

children were in elementary school, I was chair of the parents’<br />

association, and assisted<br />

Catherine MacNeil Macdonald<br />

MacPherson MacNeil Macdonald<br />

for a time with creative<br />

writing in the classroom. It<br />

was a wonderful chance to<br />

participate, and to see how knowledgeable, inspiring teachers make<br />

a significant difference in the lives of their students.<br />

In May of 2004, a notice our eldest son brought home from school<br />

caught my eye. There was to be a meeting to establish a school<br />

advisory council at Dr. John Hugh Gillis Regional High School,<br />

where he was attending Grade 10. Our second son was to begin<br />

Grade 9 the following September, so we felt we had two very good<br />

reasons to become involved.<br />

In 1996 the Province of <strong>No</strong>va <strong>Scotia</strong> enacted legislation providing<br />

for the establishment of school advisory councils upon petition to<br />

the school board by eight or more parents of students attending<br />

the public school; a home and school or similar association; or the<br />

principal. The Act recognizes that from the experience and wisdom<br />

of a whole community, a school can be developed and improved.<br />

We are very fortunate to have a principal who is dedicated to<br />

the advancement of his students, and to empowering the school<br />

advisory council to identify any weak areas and achieve practical<br />

results. Our group is composed of teacher, student, parent<br />

and community representatives who are passionate about their<br />

commitment to “make the school a world class school and a<br />

healthy, exciting and challenging place in which our children can<br />

reach their maximum potential.”<br />

Initially there was a Letter of Agreement and bylaws to put in place<br />

with the school board and Department of Education, but almost<br />

immediately, we were dealing with the type of issues that promoted<br />

our interest in participating in such a council.<br />

Because a lot of our students hold down part-time employment<br />

with local businesses, and exam time was looming, our chair<br />

prepared a questionnaire to determine how aware employers<br />

were of the dilemma students faced in working long hours<br />

while attempting to prepare for exams. The questionnaire<br />

Dr. John Hugh Gillis Senior Girls’ Hockey team after winning the Auburn Drive<br />

Invitational Tournament at Cole Harbour Place<br />

raised community consciousness regarding the pressures and<br />

responsibilities of the students, and was respectful of the<br />

opportunities to learn provided to the students by the business<br />

community. It provided students with feedback on their<br />

performance as employees, and noted areas where improvements<br />

can be made. Such information, when used correctly, should prove<br />

very productive to the relationship between employer and student,<br />

enabling more students to get and keep coveted summer jobs.<br />

In the few short months since our council has been operating, we<br />

have written to our school board asking them to reconsider their<br />

decision not to distribute a publication on sex education prepared<br />

by the Department of Health. After canvassing other parents and<br />

the guidance department at the school, our recommendations<br />

to make the course selection directory more user-friendly were<br />

implemented. We have made initial inquiries into the fairness<br />

of the provincial exams; and the suitability of our school for<br />

international baccalaureate or advanced placement accreditation.<br />

Our high school’s mission is ambitious: “To educate students by<br />

promoting academic excellence, by empowering students to achieve<br />

their maximum potential mentally, physically, and socially and<br />

by preparing students for responsible participation in an everchanging<br />

technological world.” I believe our council can help<br />

accomplish these goals. Our community vision encompasses lifelong<br />

learning, a concept very real to a practising lawyer. We know<br />

there are parents and community members who could make a<br />

difference, but have been reluctant to get involved. Let me say, your<br />

school advisory council wants and needs you!<br />

42<br />

The <strong>Society</strong> Record


Voice for <strong>Vol</strong>unteers<br />

Strait of Canso success story<br />

I<br />

grew up in Mulgrave, a community bordering on the Strait<br />

of Canso, an area that has<br />

been through a period of<br />

tough economic times.<br />

Unemployment has a devastating<br />

impact on individuals, their families and entire<br />

communities. It represents lost opportunities,<br />

and addressing it is particularly difficult in rural<br />

communities. All local assets must be utilized to<br />

do so and the passion of the community must be<br />

harnessed.<br />

Lawrence O’Neil, Q.C.<br />

<strong>No</strong>va <strong>Scotia</strong> Legal Aid<br />

My interest in making a difference in the region<br />

led me to politics and ultimately to the House of Commons as the<br />

federal member for the region in the eighties. I chaired the House of<br />

Commons Committee on Regional Development that recommended<br />

a decentralized regional development approach be followed by the<br />

Government of Canada. This eventually lead to the creation of ACOA<br />

and to a great role for people from the Atlantic region in the regional<br />

development initiatives designed and implemented by the government.<br />

Prior to this change, this had all had been done in Ottawa.<br />

Currently, I volunteer as a member of the Board of Directors of<br />

the Strait of Canso Superport Corporation Limited. Between 1997<br />

and 2000 the corporation negotiated with the federal government<br />

for ownership of the Mulgrave Marine Terminal and the Port<br />

Hawkesbury government wharves. The divestiture of these wharves<br />

by the federal government has by all accounts been successful.<br />

Both the former Mulgrave and Port Hawkesbury wharves have<br />

been rebuilt and are generating substantial cash flow for the<br />

corporation. The Strait Region now has control over two very<br />

important marine assets and it is our ambition to expand these<br />

facilities thereby increasing employment in the communities.<br />

The Strait of Canso Harbour is the second busiest in Canada,<br />

with tonnage shipped or landed being second only to the Port of<br />

Vancouver. We see the development of the offshore resources as<br />

presenting our next business opportunity. We now have excellent<br />

facilities, good rates, an experienced local business sector and a<br />

willing and able workforce.<br />

Who speaks for the volunteer sector In Cape Breton,<br />

it is the newly-formed Cape Breton Chamber of<br />

<strong>Vol</strong>untary Organizations. There are only three other<br />

such organizations in Canada; Edmonton, Calgary<br />

and Ottawa. I first heard of the chamber idea at a Family Service<br />

Canada conference and arranged for Tim Simboli of the Ottawa<br />

chamber to address a group of interested volunteers last fall in Sydney.<br />

At that meeting a steering<br />

committee was struck and it<br />

now meets weekly. Based on<br />

the Chamber of Commerce<br />

David Muise<br />

Family Service of Eastern <strong>No</strong>va <strong>Scotia</strong><br />

model, the volunteer chamber hopes to do for the volunteer sector<br />

what the Chamber of Commerce does for business.<br />

The chamber will serve as a central body, coordinating policy and<br />

training for the volunteer sector. Information sessions on topics<br />

such liability insurance, funding proposal writing, volunteer<br />

recruitment and human resource issues are planned for the near<br />

future in a Lunch and Learn format with member agencies drawing<br />

on internal expertise to educate others.<br />

The chamber will also present a united voice for the sector in<br />

responding to issues of mutual concern, again much as the<br />

Chamber of Commerce does for the business sector. This could<br />

include commenting on federal or provincial budgets and<br />

presenting briefs to government.<br />

The idea of the chamber is advocacy, not lobbying. Individual<br />

members will be better equipped to lobby for individual goals, while<br />

it will fall to the chamber to advocate on behalf of the entire sector.<br />

The chamber has had 61 volunteer organizations express an<br />

interest in joining, even before a formal membership drive has<br />

begun. Membership is open to any organization with a volunteer<br />

component, regardless of size.<br />

This organization is open to service clubs, health and human<br />

service groups, sports, arts and culture – any group that depends<br />

on volunteers for their existence.<br />

Call for <strong>No</strong>minations Frances Fish Women<br />

Lawyers’ Achievement Awards <strong>2005</strong><br />

Do you know a woman deserving of recognition for her dedication<br />

to the advancement of women in and through the legal profession<br />

through professional excellence and leadership, and/or commitment<br />

and service to the legal profession, legal education or the community<br />

If you do, nominate her for the <strong>2005</strong> Frances Fish Women Lawyers’<br />

Achievements Awards. Go to www.nsbs.ns.ca/notices/fish.pdf for<br />

additional information and the nomination form or contact:<br />

Frances Fish Women Lawyers’ Achievement Awards<br />

<strong>No</strong>minating Committee<br />

c/o Janine Kerr, Wickwire Holm<br />

1-866-429-4111/902-482-7029 • Fax: 429-8215 • jkerr@wickwireholm.com<br />

<strong>No</strong>minations close May 31, <strong>2005</strong><br />

<strong>April</strong> <strong>2005</strong> 43


Patterson Palmer’s c<br />

44<br />

The <strong>Society</strong> Record<br />

Adriana Meloni, Dennis James, Vicki Byard, Ron Creighton, Paul Morris Pam Saint, Heather Boyd,<br />

Patti Sharpe, Jen Biernaskie, Pat Mattatall, Chris McConnell, Liz Branscombe, Kari Riddell (Clean <strong>No</strong>va <strong>Scotia</strong>)


lean sweep<br />

Clean <strong>No</strong>va <strong>Scotia</strong> warmly welcomes Patterson Palmer<br />

(Truro) as one of our newest groups of dedicated<br />

volunteers helping to promote the importance of litter<br />

abatement across the province. Patterson Palmer will<br />

take part in the launch of the annual Great <strong>No</strong>va <strong>Scotia</strong> Pick-<br />

Me-Up program on <strong>April</strong> 22,<br />

<strong>2005</strong>. This long running and<br />

outstanding program involves<br />

25,000 volunteers across the<br />

Jen Biernaskie<br />

Patterson Palmer<br />

province picking up litter in their communities, on shorelines, in<br />

parks or wherever the litter may be. The program offers volunteers<br />

an opportunity to be a positive force in the fight against litter,<br />

which can have negative effects on residents, visitors, wildlife and<br />

water systems. By participating, Patterson Palmer will be joining a<br />

team of dedicated individuals and businesses who are committed to<br />

maintaining viable and healthy communities in <strong>No</strong>va <strong>Scotia</strong>.<br />

Patterson Palmer strongly believes in the value of<br />

volunteering. Taking action in your community is<br />

not only personally rewarding, but also a good<br />

example for younger generations. Opportunities<br />

to make a difference are available to all through<br />

organizations such as Clean <strong>No</strong>va <strong>Scotia</strong>, and we<br />

encourage everyone to get involved. We are<br />

thrilled to be a part of the Great <strong>No</strong>va <strong>Scotia</strong><br />

Pick-Me-Up and hope that others will join our<br />

efforts to improve our environment.<br />

-Jen Biernaskie, Patterson Palmer<br />

This year Clean <strong>No</strong>va <strong>Scotia</strong> would like to encourage more<br />

businesses to get involved with the Great <strong>No</strong>va <strong>Scotia</strong> Pick-Me-Up,<br />

as it is a highly visible, beneficial and well respected environmental<br />

program. Getting involved is easy! Simply gather a group of<br />

people (co-workers, family, friends or otherwise), pick a location<br />

for your clean-up and register your Pick-Me-Up event online at<br />

www.clean.ns.ca. You can hold your Pick-Me-Up event at any<br />

time throughout the year.<br />

Upon registration, Clean <strong>No</strong>va <strong>Scotia</strong> will send you a free kit<br />

that includes garbage bags, blue bags, latex gloves, a poster for<br />

promotion, an information booklet and a data card to record what<br />

you have collected. The data is important and helps us to prepare<br />

for future programs and track waste producing trends.<br />

For more information on this event or any other programs/services<br />

offered by Clean <strong>No</strong>va <strong>Scotia</strong> please feel welcome to contact our<br />

office at (902) 424-3474 or visit our website at www.clean.ns.ca.<br />

Kari Riddell, Clean <strong>No</strong>va <strong>Scotia</strong><br />

<strong>April</strong> <strong>2005</strong> 45


Cumberland Barristers’ Association<br />

I<br />

members do. As President<br />

of the Cumberland<br />

Barristers’ Association, we<br />

fully endorse the <strong>Society</strong> Record’s decision to focus on all<br />

the volunteer work our<br />

Morris J. Haugg, Q.C.<br />

Hicks, Lemoine<br />

have many such individuals, and I have decided to write in a more<br />

general way about all of us as a group.<br />

The accompanying photo was taken a couple of years ago when our<br />

bar association received the Law Day Award from the <strong>No</strong>va <strong>Scotia</strong><br />

Section of the Canadian Bar Association (some newer members<br />

are missing from the photo*). Our bar has, since the inception of<br />

National Law Day, organized an extensive Law Day program every<br />

year, including four plays – three in recent years.<br />

We have a very well-organized and active county bar, which meets<br />

monthly, has several active committees and holds two major social<br />

functions every year (with a history going back to the middle ages).<br />

More importantly, I want to tell you that our members are all very<br />

involved as volunteers in many, many clubs and organizations. I<br />

asked our members to each provide me with some details. That<br />

didn’t work. I only received two responses. For the rest, humility or<br />

lack of time prevented a response. I am largely going from general<br />

knowledge of the extracurricular activities of my colleagues. Many<br />

take leadership positions in their respective churches. Some have<br />

served as directors and officers in the YMCA, the Boy Scouts and<br />

Girl Guides. Some act as coaches and leaders in minor hockey,<br />

baseball and soccer. Four are members of the Rotary Club, one of<br />

the Zonta Club. A small town “demands” that we take positions<br />

of leadership in sports organizations – Curling Club and the Golf<br />

Club – and with political parties and town committees. One of<br />

our members served on the Town Council for several years. Our<br />

members have served on the Board of Family & Children’s Services,<br />

various Home & School associations, daycare boards, the Hospital<br />

Foundation, the Historical and Museum <strong>Society</strong>, Transition House<br />

<strong>Society</strong> and the United Way. Members have served on the Industrial<br />

Commission, a Forestry Advisory Council, the Chamber of<br />

Commerce, the Cancer <strong>Society</strong>, the Red Cross <strong>Society</strong>, the Heart &<br />

Stroke Foundation, and so on and so on. We always have a member<br />

on the Council of the <strong>No</strong>va <strong>Scotia</strong> Barristers’ <strong>Society</strong>, as well as on<br />

Council committees, and often also on the <strong>No</strong>va <strong>Scotia</strong> Council of<br />

the Canadian Bar Association, including recently as president.<br />

Some of our members have received <strong>Vol</strong>unteer of the Year<br />

recognitions, and one has received the Queen Elizabeth Jubilee<br />

Medal for community service.<br />

A town like Amherst expects its professionals to be of service and<br />

to provide leadership. I am proud to say that the Amherst area legal<br />

community meets that expectation exceedingly well.<br />

Every day offers an opportunity<br />

I<br />

recently spent an enjoyable time with wonderful volunteers<br />

when I was asked to deliver a public talk on Health Care<br />

Directive legislation at Palliative Care Services at the Cape<br />

Breton Health Care Complex.<br />

Those volunteers found out<br />

about me from a Radio Canada<br />

interview I did with Ian<br />

MacNeil one morning. After<br />

Dan Chiasson<br />

Barrister & Solicitor<br />

a discussion on the state of nursing home costs, Ian concluded by<br />

announcing “Dan Chiasson, a Baddeck lawyer, enjoys speaking on<br />

seniors and estate management issues...for free.” I received a lot of<br />

pro bono speaking requests following that interview. Thank you Ian.<br />

There are perks, though. The audiences are appreciative and the best<br />

lunches available in Cape Breton are served afterwards.<br />

46<br />

The <strong>Society</strong> Record


On my office wall is a plaque from the Baddeck <strong>Vol</strong>unteer Fire<br />

Department which was presented to me as Fireman of the Year in<br />

1998. This past fall I celebrated my fifteenth year as a firefighter.<br />

This plaque reminds me of both the wonderful members of the<br />

department whom I am proud to call friends, but also of a supportive<br />

community whose continuing financial contribution provides<br />

us with state-of-the-art equipment. As an outward sign of my<br />

continuing commitment to my community I also provide the eight<br />

departments in our county with pro bono legal advice.<br />

My long-term position as chairman of the Cabot Trail Barristers’<br />

<strong>Society</strong> library and as Chair of the Annual meeting for a few<br />

years has provided me with an opportunity to know wonderful<br />

representatives of our <strong>Society</strong>, including such people as Barb Campbell<br />

and Lori Duggan. What they, and many others do, far exceeds “job<br />

requirement” and regularly flows into “volunteer work.” In a rural<br />

practice where I sometimes feel a bit isolated, this has given me<br />

an opportunity to participate in and, in some small part (I hope),<br />

contribute to the good of our <strong>Society</strong>.<br />

As a Lion, I appear to have been assigned the lifetime position<br />

of organizing the Lion’s Club annual Christmas and December<br />

birthday party at the Alderwood Rest Home. Again with the<br />

help of the community, the Lions provide down-home musical<br />

entertainment; birthday gifts are given to December birthday<br />

celebrants; Santa arrives with a Christmas gift for every resident; and<br />

one of those great lunches is served to conclude the celebration. In<br />

conjunction with this event, I am proudly responsible for the birth of<br />

the Baddeck Lions Club Christmas Choir two years ago and my goal<br />

is to expand on its repertoire into other times of the year.<br />

Every day offers an opportunity. One day I get a call from the local<br />

Hospice <strong>Society</strong> to help answer a legal question of concern to the<br />

directors. Another day the food bank needs help with incorporation. A<br />

fire department wants to amend its bylaws. I also enjoy providing papers<br />

and articles on current legal issues for local newspapers and magazines.<br />

Recently I attended a meeting of the directors on the <strong>No</strong>va <strong>Scotia</strong><br />

Highland Village <strong>Society</strong>, as a pro bono advisor as I have done for<br />

many years. The halibut dinner was really good and my mileage is<br />

paid. That’s a keeper.<br />

In a January issue of Time Magazine there was an article on<br />

happiness. Of the eight steps towards a more satisfying life noted in<br />

the article, the first two are: count your blessings and practice acts of<br />

kindness. I count my blessings for the opportunity to be a lawyer so<br />

that I can work and my family can thrive in the community of my<br />

choice. It is my first-hand perception that lawyers as a profession,<br />

certainly on the island, contribute an amazing amount of time to<br />

worthy volunteer undertakings. Anytime I volunteer, I think of it as<br />

practicing acts of kindness. The personal rewards are great. I get a<br />

greater sense of connection with other volunteering individuals, with<br />

the recipients of the kindness, and with my community. It also wins<br />

me approval, which, don’t kid yourself, we all need.<br />

Lawyers visibly contributing as volunteers in the community on<br />

many levels may be the very best way to enhance the image of the<br />

profession, while at the same time returning immeasurable and<br />

immediate personal rewards to the volunteers. There is no substitute<br />

for positive action.<br />

A day (and night) in the park<br />

In 2002, when my son<br />

Cyrus was four, I was<br />

asked to become a director<br />

at Two Rivers Wildlife<br />

Park. It occurred to me that<br />

this child-friendly place might<br />

provide a greater opportunity<br />

to share my volunteer activities<br />

with my family. It was a good<br />

decision and has provided<br />

the most varied volunteer<br />

experience I’ve ever had.<br />

Two Rivers Wildlife Park,<br />

located near Marion Bridge<br />

on the site that inspired John<br />

Allen Cameron’s “Out on the Mira,” was operated seasonally by the<br />

province from 1981 to 1995. When the decision was made to close<br />

it, the community refused to<br />

accept the loss of yet another<br />

amenity. A non-profit society<br />

was created to run Two Rivers,<br />

Nancy Orkish<br />

which has grown and flourished ever since. The park is now open<br />

year-round and offers a full range of recreational activities: beach<br />

volleyball, swimming, u-fish, a petting zoo, cross-country skiing,<br />

wagon and sleigh rides and more. To keep its many residents<br />

happy, the park is constantly expanding and upgrading the wildlife<br />

enclosures.<br />

Board members at Two Rivers are expected to do more than deal with<br />

funding and administrative concerns. We all lend a hand with the<br />

wealth of activities taking place at the Park. Frequently accompanied<br />

by Cyrus and my husband Chris, I have bottle-fed newborn lambs,<br />

served hot dogs to school children, shoveled... you know, decked halls,<br />

designed floats, led tours and hosted karaoke! How’s that for variety<br />

But most of my time is spent on one particular project. Chris and I<br />

co-chair the organizing committee for “Fright Night,” launched in<br />

2003 as the most well-attended event in the history of Two Rivers.<br />

Over 1,600 people came for the biggest, best Hallowe’en party they’d<br />

ever attended. Last year was bigger still and organizational work for<br />

the third annual event has begun. By September, our basement will<br />

be filled with giant vermin, hellish apparitions, dismembered corpses<br />

– all props in progress! In October, the park, lit by hundreds of jacko-lanterns,<br />

will crawl with creepy characters. A band will play in the<br />

amphitheatre while legions of costumed revellers will scream their way<br />

through the spook trail, listen to ghost stories in the log cabin, take<br />

a haunted hay ride through the animal trail, and have their fortunes<br />

told. Little kids will carve pumpkins and visit the cookie witch. Many<br />

will be first-time visitors, but nearly all will be back.<br />

When it’s over, I’ll be bursting with pride and satisfaction at having<br />

helped raise the funds to maintain our furred and feathered friends<br />

through another winter.<br />

<strong>April</strong> <strong>2005</strong> 47


Respect, care and support<br />

There are few experiences as enjoyable as being involved in<br />

an activity aimed at helping members of your community<br />

who are in need. My involvement with the Antigonish<br />

Town and County Palliative Care <strong>Society</strong> has given me<br />

that opportunity. I have found this organization to be one of the<br />

most compassionate and helpful of the various community groups to<br />

which I have lent my services over the years. I was initially asked by<br />

a steering committee to come<br />

on the founding board, simply<br />

because having a lawyer on<br />

board meant that there would<br />

Maurice Smith, Q.C.<br />

<strong>No</strong>va <strong>Scotia</strong> Legal Aid<br />

be “free” legal advice as the organization struggled to come into being<br />

and deal with its incorporation under the Societies Act. Having got a<br />

taste of working with these wonderful people, I was more than willing<br />

to stay on when asked to become a member of the first Board of<br />

Directors. I am just completing my sixth year as the Board chair and<br />

am sorry that my tenure on this board will be coming to an end.<br />

valuable assistance,<br />

and an important<br />

resource<br />

<strong>No</strong>va <strong>Scotia</strong> Barristers’ Liability Claims Fund <strong>Vol</strong>unteers<br />

The eleven volunteer members who sit on the board<br />

of the Fund oversee the provision of an effective and<br />

stable insurance program for members through the<br />

approval and implementation of the Fund’s strategic<br />

plan. Key to the insurance program’s success is financial stability<br />

and this is the focus of the board’s two standing committees,<br />

audit and investment. The Audit Committee has responsibility<br />

for the adoption of internal controls and risk management policies<br />

affecting financial aspects of the Fund, and specific responsibility<br />

to oversee the annual external audit and actuarial evaluation.<br />

Investment Committee members meet quarterly with the Fund’s<br />

investment manager to review the manager’s investment report and<br />

to monitor the performance of the investment manager against<br />

established benchmarks. The committee also ensures that the Fund’s<br />

investment policy is appropriate to achieve the Fund’s objectives.<br />

What is so special about this particular board Apart from the<br />

personal satisfaction of seeing your efforts achieve positive effects,<br />

it is the satisfaction of being part of a group of ordinary people who<br />

have come together to build an organization aimed at giving respect<br />

and dignity to those coping with end-of-life issues. Palliative care<br />

in our community has enabled many of our friends and neighbours<br />

to live out their lives in the comfort of their homes. Palliative care<br />

includes respite care; specialized equipment necessary to enable<br />

people to be looked after outside of the hospital setting; volunteers<br />

who do home visiting; and bereavement support and counselling.<br />

By having a representative in every area of the county on the board,<br />

there is the opportunity to provide an educational component to the<br />

services that the agency offers. Spreading the word about palliative<br />

care is one of the society’s main goals. All of this is done by dedicated<br />

volunteers in the community and without any government monies.<br />

An annual fundraising effort is undertaken, and other financial<br />

support comes in the form of memorial donations from the public<br />

who see and appreciate the society’s efforts.<br />

Until the Palliative Care <strong>Society</strong> of Antigonish Town and<br />

County came into being, none of the supports which it offers<br />

were available. I think it is a huge success story, and I very much<br />

appreciate that I have had the opportunity to help create, in<br />

our community, an agency that is both caring and effective in<br />

achieving its goals of enhancing the quality of life for persons with<br />

life-threatening illnesses.<br />

The members of the Claims Review Committee are an important<br />

resource for the Fund’s claims program. Monthly meetings of the<br />

claims staff and the committee provide valuable assistance to staff<br />

responsible for the carriage of claims files and the committee’s<br />

approval of large losses ensures an appropriate level of board<br />

involvement in the claims process. The loss prevention program has<br />

recently under gone a review and revamping by the Loss Prevention<br />

Committee. As a result, a new loss prevention program will be<br />

rolled out later this year. As the new program develops, committee<br />

members’ participation will ensure that the program is effective to<br />

meet the needs of the members.<br />

The board, and specifically the chair of the board, play another<br />

very significant role with respect to the availability of professional<br />

liability insurance program. The Fund is insured through its<br />

participation in an insurance reciprocal, CLIA. The chair of<br />

Fund’s board is a voting member of the CLIA Advisory Board<br />

and a member of one or more of the committees through which<br />

CLIA operates; audit, investment, policy & underwriting, claims<br />

administration and voluntary excess insurance.<br />

In addition to the chair’s involvement in CLIA, <strong>No</strong>va <strong>Scotia</strong> has<br />

made a very significant contribution to CLIA with a representative<br />

on CLIA’s executive committee since the late 80s. Through this<br />

volunteer involvement, <strong>No</strong>va <strong>Scotia</strong> has had a very direct role in the<br />

ongoing operations of CLIA and the availability of mandatory and<br />

excess insurance to meet the needs of members.<br />

48<br />

The <strong>Society</strong> Record


dedicated volunteers = good self-governance<br />

The <strong>Society</strong>’s Professional Responsibility process<br />

relies heavily on its volunteers. The Investigative<br />

Subcommittee carries out the integral ‘peer review’<br />

component of investigation of complaints against<br />

members. The subject matter, volume of work and time<br />

commitment for preparation and frequent lengthy meetings make<br />

for arduous work, and these volunteers take their responsibilities<br />

very seriously.<br />

The Library Services Committee has contributed to developing<br />

a new delivery model for Library and Information Services. This<br />

has required close to 60 hours of meeting time, an understanding<br />

of research methods and an interest in libraries. This committee<br />

was dedicated to improving library service to members while<br />

recognizing the financial limitations of the <strong>Society</strong>. We are very<br />

fortunate to have such a bright group of individuals from around<br />

the province working on this committee.<br />

While fewer than two percent of all written complaints result in a<br />

referral to formal hearing, the experienced and dedicated volunteers on<br />

the Hearing Subcommittee must devote approximately 3-5 days per<br />

hearing. They must ensure the proper application of administrative<br />

law and natural justice principles in the interests of public protection.<br />

Their level of responsibility is among the highest of our volunteers.<br />

<strong>Vol</strong>unteer Catherine Walker, Q.C. and LRA instructor<br />

Dianne Paquet at an LRA education session<br />

The Ethics and Professional Responsibility Committee oversees<br />

the rules and standards for ethics and professional responsibility in<br />

our profession; they recommend to Council amendments to the rules,<br />

and provide guidance to members through opinions, advice and<br />

interpretation of the rules. Committee members are frequently called<br />

upon to respond to ethical inquiries.<br />

Qualifications and Bar Admission Course Committee works<br />

very hard at setting policies and making decisions about admissions,<br />

articling and the Bar Admission Course, contributing many hours to<br />

developing and enhancing these processes.<br />

The Screening Committee has worked tirelessly to create and mark<br />

the Bar Examination since July, 1996. Some committee members<br />

have been involved in every exam. We couldn’t do the examination<br />

without their committment to the process and their hard work.<br />

The Lawyers Assistance Program volunteers are interested in the<br />

well-being of lawyers. They serve as peer volunteers to lawyers,<br />

their families and law firm staff who are experiencing difficulties.<br />

Their knowledge of the profession and its pressures combined with<br />

their personal experiences makes this a unique and powerful way<br />

to help.<br />

A major focus of LAP is prevention, and dealing with small problems<br />

before they become major issues. <strong>Vol</strong>unteers make a commitment to<br />

confidentiality, an essential component of the program. The success<br />

of the Lawyers Assistance Program depends on its volunteers.<br />

The Practice Assistance Committee deals with any and all<br />

operational issues in law practice. Any communication members<br />

have with our committee or committee members is always held in<br />

the strictest of confidence.<br />

Library Services <strong>Vol</strong>unteers — In every issue of the <strong>No</strong>va <strong>Scotia</strong><br />

Law News a list of reviewers are thanked for their assistance with that<br />

particular issue. Probably few members of the <strong>Society</strong> are aware of<br />

the substantial contribution made by these individuals. <strong>No</strong>va <strong>Scotia</strong><br />

Law News and Law News Online could not be produced without the<br />

help of this dedicated team of volunteers, some of whom have been<br />

associated with the Law News since December, 1977.<br />

Land Registration Act Education Program — Since March, 2003,<br />

more than 700 lawyers and 600 support staff have experienced the first<br />

mandatory education program in <strong>No</strong>va <strong>Scotia</strong>. For each education<br />

session, a volunteer property lawyer was present to provide expertise,<br />

guidance and encouragement. These volunteer trainers give their time<br />

to the education program to ensure the integrity of <strong>No</strong>va <strong>Scotia</strong>’s land<br />

registration system. These lawyers have volunteered hundreds of hours<br />

– in the classroom, improving materials, on government committees,<br />

and with their colleagues whenever a question arises – and they deserve<br />

our appreciation. They spend time away from their families and<br />

their practices to ensure the NSBS LRA Education is a program of<br />

excellence, available in every region of our province.<br />

Property Law <strong>Vol</strong>unteers — The <strong>No</strong>va <strong>Scotia</strong> real property lawyers<br />

are an outstanding and committed group of professionals. Lawyers<br />

from around the province also dedicate their energy and skills to serve<br />

the profession on the following committees:<br />

• The Professional Standards Committee<br />

• The Real Estate Task Force<br />

• The SNSMR Electronic Submission Pilot Project<br />

• The SNSMR LRA Procedures Advisory Working Group<br />

• The Annual Real Property Conference, a joint initiative<br />

of NSBS and RELANS<br />

Numerous lawyers also volunteer for the Articled Students Real Estate<br />

Seminar, offered at each of the four skills courses.<br />

These are just a few of the committees that contribute to the work of<br />

the <strong>Society</strong>. For a full list of committees, please go to:<br />

www.nsbs.ns.ca/committeemembers0405.htm<br />

<strong>April</strong> <strong>2005</strong> 49


KUDOS<br />

Carmel Degen, Medjuck & Medjuck<br />

Carmel Degen has been an active professional, working in the legal<br />

community for 30 years.<br />

For the past 25 years, Carmel has been a legal secretary at Medjuck<br />

& Medjuck, working directly with myself and is now Executive<br />

Director of Legal Services.<br />

Prior to that, she worked for four years at the former Weldon, Misener<br />

& Covert law firm, working directly with Randall R. Duplak, Q.C.<br />

Prior to that, she worked at the Registry of Joint Stock Companies.<br />

Throughout her career, Carmel has excelled in every field of legal<br />

secretarial services that she has endeavoured, including real estate,<br />

probate, corporate commercial transactions and senior refinancings<br />

in real estate and hotel development, as well as communications<br />

and entertainment law. Carmel has become an expert with the<br />

legal and administrative requirements of charitable organizations.<br />

I appreciate your suggestion that her service could be recognized in<br />

the <strong>Society</strong> Record, however, I would prefer a modest recognition so<br />

that we do not inadvertently generate offers of alternate employment.<br />

F.D. Medjuck, Q.C.<br />

September 1981 — Frank and Carmel at the Canadian Association<br />

of Legal Secretaries Annual Employers Appreciation Dinner<br />

50<br />

The <strong>Society</strong> Record


<strong>April</strong> <strong>2005</strong> 51


52<br />

The <strong>Society</strong> Record

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