Violence
March/April 2011 - Law Society of the Northwest Territories March/April 2011 - Law Society of the Northwest Territories
ARCTIC OBITER MARCH/APRIL 2011 V OLUME XV, ISSUE 2 Cu rbing Violence a court alternative digs deep to resolve and prevent spousal abuse, one case at a time
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ARCTIC OBITER<br />
MARCH/APRIL 2011 V OLUME XV, ISSUE 2<br />
Cu rbing<br />
<strong>Violence</strong><br />
a court alternative digs deep to<br />
resolve and prevent spousal<br />
abuse, one case at a time
2 | ARCTIC OBITER<br />
4th Floor,<br />
Diamond Plaza<br />
5204 – 50 th Avenue<br />
P.O. Box 1298<br />
Yellowknife, NT<br />
X1A 1E2<br />
TEL: (867) 873-3828<br />
FAX: (867) 873-6344<br />
info@lawsociety.nt.ca<br />
www.lawsociety.nt.ca<br />
PRESIDENT<br />
Sheila MacPherson<br />
VICE-PRESIDENT<br />
Erin Delaney<br />
SECRETARY<br />
Cayley Thomas<br />
TREASURER<br />
Janice Walsh<br />
LAYPERSON<br />
Maureen Crotty Williams<br />
INSIDE<br />
10<br />
12<br />
Redefining Justice<br />
by Ben Russo<br />
The Access-to-Justice Problem<br />
will be Resolved<br />
by Jordan Furlong<br />
P.O. Box 1985<br />
Yellowknife, NT<br />
X1A 2P5<br />
TEL: (867) 669-7739<br />
FAX: (867) 873-6344<br />
info@cba-nt.org<br />
www.cba.org/NorthWest<br />
PRESIDENT<br />
Elaine Keenan Bengts<br />
VICE PRESIDENT<br />
Malinda Kellett<br />
SECRETARY / TREASURER<br />
Jeannette Savoie<br />
PAST PRESIDENT<br />
Janice K. Walsh<br />
MEMBERS OF COUNCIL<br />
Betty Lou McIlmoyle<br />
Glen Rutland<br />
3 President’s Message<br />
4 CBA Bar Notes<br />
(from the President)<br />
5 Executive Director’s Message<br />
7 Membership News<br />
16 NWT Legislative News<br />
17 NWT Decision Digest<br />
19 Supreme Court of Canada<br />
Update<br />
22 Notices<br />
23 Resources<br />
Sheldon Toner<br />
Caroline Wawzonek<br />
EXECUTIVE DIRECTOR<br />
Linda Whitford<br />
linda.whitford@lawsociety.nt.ca<br />
DIRECTOR OF COMMUNICATIONS<br />
LEGAL EDUCATION COORDINATOR<br />
Ben Russo<br />
ben.russo@lawsociety.nt.ca<br />
ADMINISTRATIVE ASSISTANT<br />
Arlene Baker<br />
arlene.baker@lawsociety.nt.ca<br />
Arctic Obiter is a joint publication of the Law Society of<br />
the Northwest Territories and the Northwest Territories<br />
Branch of the Canadian Bar Association. It is published<br />
on a bi-monthly basis to keep lawyers practicing in the<br />
NWT informed of news, announcements, programs and<br />
activities. Comments, articles and photos for<br />
consideration can be submitted to Ben Russo. Past and<br />
current issues are available on the Law Society website.<br />
FROM THE EDITOR<br />
Domestic violence is a persistent problem and, unfortunately,<br />
the North is noticeably far from resolving this epidemic. We<br />
should all be celebrating at our desks, then, on the news of a<br />
Domestic <strong>Violence</strong> Treatment Option (DVTO) court in the NWT.<br />
The court introduces an alternative to a criminal justice system<br />
that has, in the past, been ineffective in this specific area. The<br />
alternative provides offenders with an option to be recognized as a mistake-prone<br />
person, as opposed to a “criminal”. It provides solutions for both the offender and the<br />
victim, and attempts to resolve the root problem(s), where the potential for reoffending<br />
exists. As well, the new court comes with a small, but comforting footnote<br />
for the public: The face of justice does, in fact, have a sympathetic ear.<br />
All lawyers should keep a close eye on this new project as it grows. While it currently<br />
only applies to domestic violence cases, we all know evolution of the court and justice<br />
systems is inevitable.<br />
- Ben
MARCH/APRIL 2011 | 3<br />
PRESIDENT’S MESSAGE<br />
The Challenge of Self-Governing<br />
Greetings, and welcome back to the return of winter in the<br />
North!<br />
As mentioned in my last column, I was fortunate enough to<br />
attend the Federation of Law Societies Semi-Annual<br />
Conference in Banff, Alberta, from March 17th to 19th, 2011.<br />
I was accompanied by our Vice-President,<br />
Erin Delaney, our Council member, Lou<br />
Sebert, and Linda Whitford, our Executive<br />
Director and overall “guide” to all things<br />
Federation.<br />
In addition to addressing ongoing<br />
Federation business, such as dealing with a<br />
proposed amendment to the Code of<br />
Conduct addressing conflicts of interest,<br />
we had a lengthy workshop exploring<br />
different models for the regulation of<br />
lawyers. Presenters from England,<br />
Australia and Quebec spoke about their<br />
models in which government mandates<br />
and provides a form of oversight in the<br />
Sheila MacPherson<br />
regulation of lawyers and, in some cases, plays a role in the<br />
complaints process.<br />
England and Australia have both seen significant changes in<br />
the regulation of the legal profession in the past decade<br />
while, in Quebec, a strong government role in the regulation<br />
of lawyers, together with other professions, has existed for<br />
38 years. We were joined by Dr. Paul Paton, a Professor of<br />
Law from the University of the Pacific, who has made the<br />
regulation of the legal professional one of his primary areas<br />
of study. I think it would be fair to say that when the<br />
workshop began, most Federation members had strong<br />
views in favour of maintaining the complete independence<br />
of our professional regulation. After debate and illustrations<br />
of the weaknesses of our stand-alone approach, most present<br />
agreed at the end of the conference that there were many<br />
challenges in our self-regulation including, not<br />
insignificantly, the topic of lawyers regulating lawyers.<br />
At a minimum, the workshop left participants with a much<br />
better idea of the work that we need to do as independent<br />
societies if we hope to continue self-regulating our<br />
profession. This includes becoming better at regulating<br />
competency and being more transparent in our discipline<br />
process. The Executive hopes to carry<br />
through with some of this work in a<br />
strategic planning session scheduled for the<br />
end of this month, which I will report on in<br />
my next column.<br />
Upcoming initiatives of the Executive<br />
include finalizing (we hope) the Territorial<br />
Mobility Protocol, currently scheduled to<br />
expire at the end of this year, arranging for a<br />
guest speaker for the President’s dinner,<br />
scheduled for September 24th, 2011 (more<br />
on that later), and hosting the 3rd bi-annual<br />
Intensive Trial Advocacy Program in<br />
Yellowknife, September 28th to October 1st,<br />
2011. We will also be hosting the<br />
Federation of Law Societies Conference in<br />
Yellowknife next March, and plans for that are well<br />
underway.<br />
On a somber note, we lost one of our own when Justice Don<br />
Cooper passed away on March 28, 2011. The Law Society, in<br />
conjunction with the Courts, was fortunate to be able to host<br />
a retirement reception for Justice Cooper on March 9th.<br />
While quite ill at the time, Justice Cooper was able to speak<br />
with great eloquence and grace, not to mention humour,<br />
about the significant influences in his long and illustrious<br />
career. I know this event was important to Don and his<br />
family and I would like to think that this event brought<br />
home to all of us the value of friendship and mentoring, both<br />
hallmarks of Justice Cooper’s legacy. Our sympathies go out<br />
to Justice Cooper, his wife, Kathy Bentley and his four girls.
4 | ARCTIC OBITER<br />
BAR NOTES<br />
The Changing North<br />
As President of the CBA’s NWT Branch, I am given this<br />
platform several times over the course of the year to<br />
expound upon anything that strikes my fancy. I should<br />
probably be taking the opportunity this time around to<br />
talk about CBA’s Law Day (April 14th) and the great<br />
work that the CBA does to educate the<br />
public about the law and the legal system.<br />
I will take this opportunity to thank Steve<br />
McCardy and his Law Day Committee for<br />
getting the word out and for their hard<br />
work to organize the various activities<br />
around town over the course of Law<br />
Week.<br />
For the rest of the space available to me,<br />
however, I think I’m going to take the<br />
opportunity to reminisce a little bit.<br />
The face of the legal community in the<br />
Northwest Territories is changing. It is<br />
with some angst that I am realizing that<br />
Elaine Keenan Bengts<br />
many of the people I “grew up with” in my profession are<br />
moving on. The old guard are, slowly but surely, giving<br />
way to the younger crowd.<br />
Late last year, we saw the closing of one of the longest<br />
standing law firms in the Territories when Katherine<br />
Peterson retired and her firm, Peterson Stang, closed its<br />
doors for the last time. We are anticipating, in the next<br />
few months, the departure of Chief Justice Vertes, who<br />
has been sitting on the bench for just short of 20 years.<br />
Most lawyers currently in practice in the Northwest<br />
Territories will not remember a time when Justice Vertes<br />
was not sitting on the bench. And, of course, last month,<br />
we lost another of our vanguard when Justice Cooper lost<br />
his battle with cancer. Donald Cooper was a leader and a<br />
builder.<br />
During his years in Yellowknife, Donald helped to build<br />
his firm into a well respected, thriving<br />
business. He helped launch the careers of<br />
many young lawyers, many of whom are<br />
still living and working in the north. He<br />
dedicated his time and expertise working<br />
for the people of the City of Yellowknife<br />
as an elected member of the Yellowknife<br />
City Counsel. His leadership on the<br />
Arctic Winter Games International<br />
Committee helped to build that event into<br />
the international event that it has become,<br />
and in this he left a lasting legacy. And,<br />
of course, he worked for the people of the<br />
Northwest Territories as a public servant<br />
and Deputy Minister of Justice and then<br />
as a Justice of the Supreme Court.<br />
The Northwest Territories has been very lucky in the<br />
people that it has been able to attract to the legal<br />
profession here. Good leadership has been instrumental<br />
in creating the quality legal profession we have here<br />
today. So, I choose to use my little soap box to take the<br />
opportunity to thank Katherine, John and Donald, and all<br />
of the other leaders of our profession who have worked<br />
here for so many years for all that they have done for our<br />
profession and for being the leaders that they have been.<br />
You all leave us with very big shoes to fill.
MARCH/APRIL 2011 | 5<br />
THE DIRECTOR’S CHAIR<br />
Insurance vs. Assurance<br />
I have just attended the Spring Meeting of the Canadian<br />
Lawyers Insurance Association (CLIA) in Toronto with a<br />
renewed appreciation and understanding of the business of<br />
insuring lawyers.<br />
One of the questions most often asked when applying for<br />
membership, or at renewal, is the difference<br />
between assurance and insurance. I’d like<br />
to take this opportunity for clarification.<br />
INSURANCE<br />
Professional liability insurance is required<br />
by lawyers who provide legal services to<br />
members of the public. That insurance<br />
ensures lawyers are protected if they are<br />
liable for negligence. It also ensures that<br />
clients receive the compensation they are<br />
awarded. Through CLIA, we provide a<br />
mandatory liability insurance program of<br />
$1,000,000 per occurrence ($2,000,000 in the<br />
annual aggregate) to all of our insured<br />
lawyers. In addition, there is a Voluntary<br />
Linda G. Whitford<br />
Excess Program available to lawyers and law firms through<br />
CLIA’s subscribed law societies. The Voluntary Excess<br />
Program offers limits ranging from $1,000,000 to $9,000,000<br />
in excess of the underlying mandatory limit.<br />
A professional liability claim is a claim against a lawyer for<br />
an amount of money that the lawyer is legally obligated to<br />
pay as damages arising out of the performance of<br />
professional services for another person in the lawyer’s<br />
capacity as a barrister and solicitor, and caused by the<br />
lawyer or any other person for whose acts the lawyer is<br />
legally liable.<br />
As an insured lawyer in the Northwest Territories, you are<br />
required to report a claim to the Alberta Lawyers Insurance<br />
Association (ALIA) as soon as possible after learning of a<br />
claim or becoming aware of circumstances that might give<br />
rise to a claim. The policy is a 'claims made' policy. This<br />
means that lawyers must report all claims or potential claims<br />
during the policy period. A copy of that report must also be<br />
provided to the Law Society. Full details and appropriate<br />
forms are available on the web site. You are encouraged to<br />
take the time to review the policy provided to you annually,<br />
and to ask questions of anything that is not clear.<br />
What can you do to avoid claims? The<br />
following resources are some suggestions:<br />
The Safe and Effective Practice<br />
handbook (new version available soon)<br />
CLIA provides Loss Prevention<br />
bulletins on all manner of topics. It only<br />
takes a minute to subscribe to these eBytes,<br />
and it could save you time, trouble and<br />
money. eBytes focus on providing practical<br />
information for practising lawyers. Some<br />
past topics include “Protecting Your<br />
Clients' Confidential Information,” “Long<br />
Weekend Fraud Watch Reminders,”<br />
“Electronic Discovery and the Sedona<br />
Canada Principles,” and “Dealing with<br />
Unexpected Trust Account Deposits.”<br />
Subscribe to the “Avoid a Claim” blog from LawPro.<br />
You can also follow blog author Dan Pinnington on<br />
Twitter for up to the minute information.<br />
In the next few weeks, those members who are insured can<br />
expect to receive their invoice for the 2011-2012 levy. The<br />
premium rate has been set by CLIA and what remains is for<br />
the Executive to set the levy and the appropriate date for<br />
payment for those who wish to pay in two instalments.<br />
Those already participating in the excess insurance program<br />
will also receive their invoices. If you wish to participate,<br />
please advise the office and we will make sure you get the<br />
appropriate application forms.<br />
ASSURANCE<br />
The Society maintains a fund called the Assurance Fund for<br />
the reimbursement, in whole or in part at the discretion of
6 | ARCTIC OBITER<br />
(CONTINUED FROM PAGE 5)<br />
the Executive, of persons sustaining pecuniary loss, by<br />
reason of the misappropriation or wrongful conversion by a<br />
lawyer, of money or other property entrusted to or received<br />
by the lawyer in his or her capacity as a barrister and<br />
solicitor, or in such other capacity as the Society may<br />
designate. An annual assessment is levied on active<br />
members and those holding Restricted Appearance<br />
Certificates in such amounts as may be fixed by the<br />
Executive from time to time for the purpose of maintaining<br />
and augmenting the Assurance Fund. The annual levy<br />
currently in place is $150.00.<br />
as she and her family move back to Calgary. You will soon<br />
see an advert for a new Administrative Assistant. If you<br />
know of a mature individual with excellent office skills and a<br />
professional demeanor, please send them our way. Arlene<br />
will be a tough act to follow, but she will be around to make<br />
sure her replacement is up to speed.<br />
Second, the renewal process is over and I thank you all for<br />
making sure your renewal documents were submitted in a<br />
timely manner. We will be reviewing the CPD reports and<br />
plans and making decision on future CPD opportunities<br />
based on your information.<br />
HOUSEKEEPING<br />
I will close this off with a few administration information<br />
items. First off, Arlene will be leaving us at the end of June<br />
Written from Kingston.<br />
long winter.<br />
Welcome to Spring! It has been a<br />
Trial Advocacy 2011<br />
Yellowknife · September 28 - October 1<br />
This fall, the Intensive Trial Advocacy Program<br />
returns to Yellowknife. Modeled after the Legal<br />
Education Society of Alberta (LESA) course, this<br />
program is specifically tailored to address the<br />
challenges faced by lawyers in the North.<br />
This is your chance to test your advocacy skills<br />
and get one-on-one mentoring from senior lawyers<br />
and judges. For four days, you will develop your<br />
courtroom and hearing presence and explore<br />
every aspect of trial and hearing work in both civil<br />
and criminal contexts.<br />
Report all your CPD hours at once with over 20<br />
hours of instruction and participation.<br />
The Yellowknife Courthouse becomes your<br />
classroom this September.<br />
SAVE THE DATE<br />
WATCH THE BULLETIN FOR DETAILS
MARCH/APRIL 2011 | 7<br />
MEMBERSHIP<br />
In Memoriam<br />
DONALD M. COOPER<br />
(B. 19 JULY 1947 - D. 28 MARCH 2011)<br />
On the afternoon of March 28, 2011,<br />
we lost a husband, a father and a dear<br />
friend of many. Donald Merrill<br />
Cooper passed away peacefully,<br />
surrounded by the five women who<br />
loved him most.<br />
Don was born on July 19, 1947 in<br />
Montreal and grew up in Sherbrooke,<br />
Quebec. After convocating from his<br />
beloved Bishop’s University, taking a<br />
pre-med year at McGill, graduating<br />
from Queen’s University law, and<br />
playing varsity football all along the<br />
way, he arrived in Yellowknife in 1975<br />
as a young lawyer looking for “a year<br />
of adventure.” He never left.<br />
Soon after settling in Yellowknife,<br />
Don and his partners started the law<br />
firm of Ayotte, Cooper, Geldreich,<br />
Johnson & Stefura. As a driving force<br />
behind that firm, he was known as an<br />
adept and insightful advocate and a<br />
formidable foe in the courtroom.<br />
Don became increasingly involved<br />
and dedicated to his career, the<br />
community, and to establishing and<br />
raising a family.<br />
Together with his wife, the late<br />
Loraine Minish-Cooper, whom he also<br />
met in Yellowknife, they raised their<br />
three daughters and Yellowknife truly<br />
became home.<br />
Don’s contributions to the community<br />
were many. They included serving as<br />
Deputy Mayor, contributing to the<br />
establishment of the Racquet Club,<br />
and the Sportsmen’s Dinners. He<br />
dedicated both time and passion to<br />
the Arctic Winter Games, leading the<br />
efforts to revitalizing and expanding<br />
the Games. For over a decade, he was<br />
the President of the Arctic Winter<br />
Games International Committee.<br />
After leaving private practice in 1995,<br />
he joined the Department of Justice of<br />
the Government of the Northwest<br />
Territories, becoming the Deputy<br />
D. Cooper<br />
Minister of Justice and Deputy<br />
Attorney General, a position he held<br />
until he was appointed in 2008 by the<br />
federal government as a Justice of the<br />
Supreme Court of the Northwest<br />
Territories.<br />
Don will be remembered and deeply<br />
missed by many. His unfailing ability<br />
to see the worth and humanity in<br />
others, regardless of background or<br />
position, culture or creed, won him<br />
many friends. His humour, wit,<br />
enjoyment of a good joke and ability<br />
to laugh at himself were infectious.<br />
He would flash that smile, topped by<br />
those blue eyes, and you knew you<br />
had met one of a kind. Don lived his<br />
life with integrity, loyalty, honour and<br />
honesty; he looked for those traits in<br />
others and kept close those that had<br />
them. Don’s friendship was valued<br />
and enduring, evidenced by the many<br />
continuing friendships from all stages<br />
of his life.<br />
Don’s determination, strength and<br />
perseverance were seemingly infinite,<br />
serving him time and again as he<br />
faced the medical, health and personal<br />
challenges that he was dealt. Through<br />
power of will and a little luck, he<br />
defeated an initial bout of pancreatic<br />
cancer and lived eleven “bonus”<br />
years, for which he was deeply<br />
thankful.<br />
His memory will continue to serve as<br />
an inspiration.<br />
In addition to his many friends, Don<br />
is survived by his wife, Kathy Bentley,<br />
his three daughters, Merrill, Megan<br />
and Margot, his stepdaughter,<br />
McKenzie Bentley, his nephew Jason<br />
Cooper (Nikki Lamers), his Uncle<br />
Gordie Cooper (Shirley), his stepmother<br />
Margaret Anne Forbes -<br />
Cooper, his cousins, Joanne Watson,<br />
Sally Williams, Joan Hagerman,<br />
Robert (Bob) Hagerman, Bruce<br />
Hagerman and Jim Cooper. He was<br />
predeceased by his wife Loraine<br />
Minish-Cooper, his mother Noreen<br />
(CONTINUED ON PAGE 8)
8 | ARCTIC OBITER<br />
Cooper (nee Patterson), his father<br />
Everett Alexander Cooper and his<br />
brother David Cooper.<br />
The family has so many people to<br />
thank. Our friends have been beyond<br />
generous in both word and deed. The<br />
medical care given so competently<br />
and professionally by both<br />
home care and the hospital<br />
staff was extraordinary.<br />
In<br />
particular, Dr. Amy Hendricks<br />
has our eternal gratitude for<br />
her skill, her insight and,<br />
above all, her humanity.<br />
In lieu of flowers, the family<br />
requests that donations be made to<br />
the Loraine Minish-Cooper Garden of<br />
Hope Society (Box 1391, Yellowknife,<br />
NT, X1A 2P1).<br />
NEW MEMBERS<br />
ANDREA RASO AMER<br />
FRASER MILNER CASGRAIN LLP - VANCOUVER, BC<br />
A n d r e a i s a s e n i o r<br />
e m p l o y m e n t<br />
c o u n s e l<br />
stemming from 16 years with a<br />
leading<br />
management-side<br />
labour and employment firm<br />
in Toronto.<br />
She is now a<br />
partner at Fraser Milner<br />
Casgrain. She has developed<br />
significant expertise acting for a broad<br />
range of private and public sector<br />
employers and has appeared before<br />
all levels of Court including the<br />
Supreme Court of Canada.<br />
M. Jones<br />
A. Raso Amer<br />
Andrea practices in wrongful<br />
dismissal and related tort claims,<br />
disability benefits litigation, human<br />
rights complaints, privacy complaints,<br />
injunctions, class actions,<br />
e m p l o y m e n t<br />
s t a n d a r d s<br />
complaints, labour board<br />
hearings, rights arbitration and<br />
workers compensation and<br />
health and safety matters.<br />
MICHELLE JONES<br />
LAWSON LUNDELL LLP - VANCOUVER, BC<br />
Michelle joined Lawson<br />
Lundell as a summer student<br />
in 2006. After completing law<br />
school, Michelle spent a year<br />
clerking for the Federal Court<br />
of Canada, Trial Division in<br />
Ottawa. She rejoined the firm<br />
in 2008 to article, and upon<br />
completion of her articles joined the<br />
Regulatory group as an Associate.<br />
Michelle advises private sector, public<br />
sector and government clients on<br />
aboriginal law and regulatory matters.<br />
She also advises clients on<br />
i s s u e s<br />
i n v o l v i n g<br />
administrative<br />
law,<br />
particularly in respect<br />
of judicial reviews.<br />
M i c h e l l e<br />
represented<br />
h a s<br />
clients<br />
before the British<br />
Columbia Supreme Court and<br />
British Columbia Provincial<br />
Court and has also juniored on<br />
matters before the British Columbia<br />
Court of Appeal.<br />
STEPHANIE LEUNG<br />
S. Leung<br />
F. Jampolsky<br />
DAVIS LLP - EDMONTON, AB<br />
Stephanie Leung practices in the<br />
corporate/commercial area, working<br />
primarily with David J. Stratton, Q.C.<br />
and Rachel Hamilton. Ms. Leung<br />
joined Davis as a summer student in<br />
2007, articled with the firm in<br />
2009 and joined the firm as an<br />
associate in 2010.<br />
Ms. Leung received a Bachelor<br />
of Science, graduating with<br />
d i s t i n c t i o n , f r o m t h e<br />
University of Alberta in 2006. She<br />
attended law school at the University<br />
of Western Ontario, receiving a<br />
Bachelor of Laws in 2009.<br />
CHERIE JAROCK<br />
LEGAL SERVICES BOARD - YELLOWKNIFE, NT<br />
Cherie made her move from<br />
Saskatchewan, where she worked as a<br />
Crown Prosecutor and as a staff<br />
lawyer with Legal Aid.<br />
She now<br />
practices family law with the NWT’s<br />
Legal Services Board.<br />
FIA J. JAMPOLSKY<br />
CABOTT & CABOTT - WHITEHORSE, YT<br />
Born and raised in Edmonton,<br />
Alberta, Fia moved to<br />
Whitehorse in 1996 “for a year<br />
or two.” She is still there<br />
having fallen in love with the<br />
land and the people.<br />
Fia practiced criminal, family<br />
and child protection law for<br />
over 10 years through Legal Aid. She<br />
now hangs her shingle with Cabott &<br />
Cabott and is excited to help represent<br />
those seeking reparations for<br />
residential school.<br />
MEMBERSHIP STATS<br />
Active Residents: 131<br />
Active Non-Residents: 250<br />
Inactive Members: 86<br />
Total Membership: 467<br />
(Restricted Members: 68)
MARCH/APRIL 2011 | 9<br />
MEMBERSHIP<br />
NOTICES<br />
The following membership notices<br />
have been produced following the<br />
March 31 membership renewal<br />
deadline.<br />
CHANGES OF STATUS (ACTIVE)<br />
The following persons, previously<br />
inactive members of the Law Society<br />
of the Northwest Territories, have<br />
been restored to the active (practicing)<br />
list of the Law Society effective April<br />
1, 2011, and are entitled to practice<br />
law in the Northwest Territories:<br />
Spaulding, Richard (Ottawa, ON)<br />
Penney, Kerry (Yellowknife, NT)<br />
Hendel, Ursula (Ottawa, ON)<br />
RESIGNATIONS<br />
The following persons, having<br />
indicated that they do not wish to<br />
continue their memberships in the<br />
Law Society of the Northwest<br />
Territories and having voluntarily<br />
submitted their resignations, have<br />
been permitted to resign and their<br />
names have been removed from the<br />
Roll of the Society effective April 1,<br />
2011:<br />
Côté, Andréane (Montreal, QC)<br />
Barbour, Yvonne (Yellowknife, NT)<br />
Walker, Patrick (Vancouver, BC)<br />
Dziwenka, Garry (Edmonton, AB)<br />
Onoferychuk, Roderick (Calgary, AB)<br />
Territories effective April 1, 2011,<br />
pursuant to Rule 56 of the Rules of the<br />
Law Society, being the failure to fulfill<br />
the annual renewal requirements on<br />
or before March 31, 2011:<br />
Garson, Douglas (Iqaluit, NU)<br />
Hardy, Susan (Iqaluit, NU)<br />
Nguyen, Terri (Whitehorse, YT)<br />
STRIKINGS<br />
The following persons, having<br />
previously been suspended under the<br />
Rules of the Law Society of the<br />
Northwest Territories and the<br />
suspension having continued for five<br />
years, have ceased to be members and<br />
their names have been struck from the<br />
Roll of the Law Society pursuant to<br />
Rule 73(1):<br />
Anderson, John (Calgary, AB)<br />
Bisson, Deborah (Hudson’s Hope, BC)<br />
Couper, Scott (Calgary, AB)<br />
Inions, Noella (S. Cooking Lake, AB)<br />
Kendall, Suzanne (Calgary, AB)<br />
Marion, Marcelle (Winnipeg, MB)<br />
Overington, Sarah (Whitehorse, YT)<br />
Resource offers<br />
practical guide for<br />
lawyers serving<br />
people with<br />
disabilities<br />
The ARCH Disability Law Centre has<br />
released a new resource to provide<br />
lawyers with both contextual<br />
information and practical suggestions<br />
on how to effectively accommodate and<br />
support clients with disabilities. The<br />
resource includes a section on mental<br />
health or psychiatric disabilities that<br />
offers an overview of these disabilities<br />
and practical suggestions for<br />
accommodating individual needs. The<br />
resource can be viewed on the ARCH<br />
Disability Law Centre website below:<br />
http://www.archdisabilitylaw.ca/?<br />
q=providing-legal-services-peopledisabilities-0<br />
SUSPENSIONS<br />
The following persons have been<br />
suspended from membership in the<br />
Law Society of the Northwest<br />
EXECUTIVE SEATING: The ladies of the northern Law Societies - Linda Whitford (NT), Nalini Vaddapalli (NU) and Lynn Daffe (YT) - take a<br />
break from meetings at the FLSC Semi-Annual Conference in Banff, Alberta.
10 | ARCTIC OBITER<br />
One Heck of a Retirement Party<br />
Friends, family, colleagues and adversaries gathered on<br />
March 9th to celebrate the prosperous and fulfilling career<br />
and life of the Hon. Donald M. Cooper. From failed<br />
golfing adventures to the early and awkward dance<br />
parties through high school, many heard tales about a<br />
Donald they thought they knew - and now know better.<br />
CLOCKWISE, FROM TOP<br />
Justice John Vertes presents a framed copy of the portrait<br />
permanently on display in the Yellowknife Courthouse.<br />
Justice Cooper poses with Ian Cunningham, another of his<br />
lifetime friends. Donald’s closest friends from home,<br />
flying to the North for the occasion, smile for a group shot.<br />
Don and his ladies: Meaghan, Merrell, Kathy, Margo and<br />
Mackenzie. Sarah Kay shares more laughs as Donald<br />
reminisces over good times.
MARCH/APRIL 2011 | 11<br />
CANLII NEWS<br />
New President named for CanLII<br />
The Canadian Legal Information<br />
Institute (CanLII) and the Federation of<br />
Law Societies of Canada are pleased to<br />
announce that Colin Lachance of<br />
Ottawa is CanLII's new President,<br />
effective April 11, 2011. The<br />
announcement was made jointly by<br />
Sonia Poulin, the Chair of the CanLII<br />
Board of Directors, and Ronald J.<br />
MacDonald, Q.C., President of the<br />
Federation of Law Societies of Canada.<br />
Mr. Lachance obtained his Bachelor of<br />
Laws degree from the University of<br />
Alberta, and was admitted in to the Law<br />
Society of Alberta in 1998. He is a<br />
member of the Law Society of Upper<br />
Canada.<br />
Prior to joining CanLII, Mr. Lachance<br />
enjoyed a successful career at the virtual<br />
intersection of technology, law and<br />
public policy. Most recently he was the<br />
Director of Federal Government Affairs<br />
w i t h a m a j o r C a n a d i a n<br />
telecommunications company. Mr.<br />
Lachance has also held the positions of<br />
Director of Marketing and Director of<br />
Regulatory Affairs with major Canadian<br />
communication companies, and served<br />
as Director of Telecommunications<br />
Regulatory Affairs with the Canadian<br />
Cable Telecommunications Association<br />
(CCTA).<br />
"CanLII is already a world-leading free<br />
resource of legal information, and is<br />
well poised to break new ground in<br />
supporting access to justice and the<br />
interests of all Canadians by providing<br />
effective access to our legal heritage"<br />
says the new CanLII President.<br />
"Working with the CanLII Board and<br />
building on strong support from the<br />
legal profession, the passionate CanLII<br />
user community, and the CanLII<br />
technology platform powered by<br />
Lexum, I look forward to uncovering<br />
and delivering on the opportunities that<br />
lie ahead" Colin Lachance added.<br />
"Our challenge is to identify the<br />
evolving needs of the legal profession,<br />
and to serve the public interest by<br />
establishing alliances with groups or<br />
other institutions pursuing similar goals<br />
of free access to Canadian primary legal<br />
information not only for the legal<br />
profession, but for the public at large"<br />
Mr. Lachance said.<br />
Major Improvements to CanLII Search Tools<br />
Today, CanLII users reap the benefits<br />
of significant efforts that were put on<br />
improving search tools over the last<br />
year or so.<br />
FASTER RESULTS<br />
An optimization of the indexation<br />
method allows for a significant increase<br />
in the search engine’s speed to deliver<br />
results, especially for queries that<br />
include many keywords.<br />
With this increased responsiveness you<br />
will continue to be able to drill down<br />
your search results with even more<br />
efficiency.<br />
MORE SPECIFIC HIGHLIGHTING<br />
Up until now, when your query<br />
contained proximity operators (/s, /p<br />
or /n), every occurrence of the<br />
keywords contained in this query were<br />
highlighted in the document accessed<br />
through the search results page.<br />
Now, only those occurrences of<br />
keywords that match your query are<br />
highlighted. For instance, if your query<br />
is common-law /3 partners, only<br />
occurrences of "common-law" and<br />
"partners" that are separated by three<br />
terms or less in the document will be<br />
highlighted. You will then more easily<br />
find the specific part of the document<br />
that corresponds to your search<br />
requirement.<br />
SEARCH-BASED RSS FEEDS<br />
Decisions included in a search results<br />
page are available as an RSS feed,<br />
allowing you to be advised through<br />
your RSS reader when a decision<br />
matching your query gets posted on<br />
CanLII.<br />
This feed contains the 100 most<br />
recently added decisions that match<br />
your current query. You can subscribe<br />
to it by clicking on the RSS icon located<br />
at the top of any results page.
12 | ARCTIC OBITER<br />
AT THE BENCH<br />
Redefining Justice<br />
COURT DELIVERS NEW ALTERNATIVE FOR DOMESTIC VIOLENCE<br />
by Ben Russo<br />
A new Domestic <strong>Violence</strong> Treatment Option (DVTO) Court<br />
is underway at the Yellowknife courthouse. The new court,<br />
according to a pamphlet circulating through the court and<br />
law offices, “recognizes that domestic violence is a learned<br />
behavior that can be changed.” The project in Yellowknife is<br />
still in its infancy, but the proof of its effectiveness can be<br />
found in other jurisdictions, where DVTO (and similar)<br />
courts have been around for some time.<br />
the DVTO Court will become one of many effective<br />
components of an overall response to domestic violence.”<br />
Shirley Kemeys Jones, Director of Community Justice and<br />
Community Policing, affirms this move. In a recent radio<br />
interview, Shirley identified the court as a way to help<br />
offenders “take that responsibility” and “get the support that<br />
they need in order to address the issues so that they can live<br />
with non-violence.” (CJCD Mix 100 News - April 12, 2011)<br />
The new court is based on tried-and-true tactics found<br />
in other jurisdictions. Ontario’s first domestic violence<br />
courts opened in 1996, and there are now over 30 such<br />
courts throughout the province. But it was Manitoba<br />
that took the first plunge into this alternative in<br />
Canada, opening its first court in 1990. Alberta,<br />
Yukon, Saskatchewan, Newfoundland and New<br />
Brunswick have all opened similar courts in the last<br />
decade.<br />
Seen throughout Canada and the United States since the 80s<br />
and 90s, these courts are a considerable breakthrough in<br />
curbing violence at home. Stemming from a think-tank of<br />
judges and lawyers who continually noticed repeat<br />
offenders, the alternative was two-fold: Improve victim<br />
safety and hold offenders accountable for their own actions<br />
and their own rehabilitation. The NWT has been watching<br />
these outcomes for some time, evaluating the effectiveness of<br />
such a program for use in the north.<br />
“There has long been interest in therapeutic courts in the<br />
Northwest Territories,” says Karan Shaner, Assistant Deputy<br />
Minister at the GNWT Department of Justice. “We know that<br />
domestic violence can escalate and we know that a DVTO<br />
Court provides an opportunity to intervene early so that<br />
offenders are less likely to reoffend. Personally, I think that<br />
New Brunswick’s 2006 announcement of their new<br />
court program echoed the ideals of all jurisdictions in<br />
this regard. “Our specialized domestic court model will<br />
allow the system to be more timely and responsive,” said<br />
Joan McAlpine-Stiles, then-Minister for the Status of<br />
Women, adding that “*it will allow+ better links between<br />
family and criminal courts, monitor court-ordered offender<br />
interventions and sentencing conditions and provide a risk<br />
assessment tool.”<br />
Nova Scotia is also set to unveil a new domestic violence<br />
court program in the next year. The court, part of the<br />
province’s new Domestic <strong>Violence</strong> Action Plan, was<br />
announced last December and promises to “build stronger,<br />
safer communities by preventing and reducing domestic<br />
violence while offering better services for victims and<br />
offenders.”
MARCH/APRIL 2011 | 13<br />
The same can be expected in Yellowknife. While such cases<br />
are positioned to be fast-tracked through the new court<br />
system, the ongoing support, continued court monitoring<br />
and customized release conditions provide a closer tie with<br />
the offender and his/her rehabilitation.<br />
However, the court should not be viewed as an easy way<br />
out. First, some well-defined parameters established by the<br />
court’s steering committee, headed by Chief Judge Robert<br />
Gorin, provide a checklist for eligibility. Those accused of<br />
aggravated or sexual assault, for example, are not eligible.<br />
Second, participating offenders are required to plead guilty,<br />
thereby admitting to their wrong-doing and accepting the<br />
responsibilities.<br />
An eight-session treatment program, prescribed by the court,<br />
gets to the root of the issue and encourages necessary<br />
behavioural changes. Additional counselling and court<br />
encouragement also strengthen the lessons learned<br />
throughout the program.<br />
The treatment team, including counsellors, coordinators,<br />
supervisors, and others, also reports directly to the court,<br />
providing a more concrete and informed foundation on<br />
which decisions are made.<br />
These measures, “should ensure that this is not an assembly<br />
line type of court,” Shaner says, adding that victim services<br />
are also a key component.<br />
While the new court is assessed in Yellowknife, there is hope<br />
that the rest of the NWT can benefit as well. “Part of our<br />
assessment process will include an examination of how it<br />
might be adapted so that the court and treatment programs<br />
can be delivered other communities,” says Shaner.<br />
When asked about alternatives for other types of offenses,<br />
Shaner adds, “we are always looking at ways we can<br />
improve the criminal justice system.”<br />
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Through video demonstrations, case studies and simulated problems, we’ll deliver practical, experiential training that’s affordable and accessible.<br />
The new CBA Skilled Lawyer Series – one more way we provide professional development that turns your potential into the skills required to excel in the<br />
courtroom or the boardroom.<br />
To learn more, visit www.cba.org/pd/sls<br />
INFLUENCE. LEADERSHIP. PROTECTION.
14 | ARCTIC OBITER<br />
FUTURE CONCEPTS<br />
The Access-to-Justice Problem<br />
will be Resolved<br />
by Jordan Furlong (Law21.ca)<br />
One of the oldest business anecdotes in the book also<br />
functions as a good metaphor for access to justice. It goes<br />
like this:<br />
Shortly after World War II ended, an American shoe<br />
company sent a salesman to Papua New Guinea to sell<br />
shoes. Within a day, the salesman cabled back: “This<br />
place is a disaster. Why did you send me? No one wears<br />
shoes here.”<br />
The company duly recalled the salesman and sent another<br />
one in his place. Within a day, the new salesman cabled<br />
back: “This place is fantastic! Thank you<br />
for sending me. No one wears shoes<br />
here!”<br />
That key difference in attitude –<br />
the ability to look at a fallow field<br />
and see not desolation, but<br />
opportunity – is what marks great<br />
salespeople. The failure to make<br />
that distinction, in turn, marks<br />
the legal profession’s<br />
longstanding approach to<br />
access to justice. We see millions<br />
of people who need, but can’t<br />
get, a lawyer’s assistance. But<br />
rather than recognizing a vast<br />
market opportunity, we shrug and<br />
say, “They don’t wear shoes.<br />
They’re of no use to me.”<br />
Most supporters of<br />
access to justice within<br />
the legal profession<br />
base their arguments<br />
on moral grounds. I happen to think there’s a profound<br />
moral case to be made in support of access – but based on<br />
the evidence out there, most lawyers don’t agree. Others<br />
suggest solutions like pro bono or legal aid, relying on<br />
charity or society to fill the access gaps. These have merit<br />
at the extremes of worthy causes and real poverty, but as<br />
system-wide fixes, they’re not practical. And anyway, all<br />
these suggestions miss the point.<br />
What we haven’t yet come to<br />
accept as a profession is that the<br />
failure to secure access to<br />
justice is a market failure –<br />
specifically, our market<br />
failure. Only lawyers can<br />
offer legal services. We<br />
have priced our services<br />
beyond the means of all but<br />
a minority of clients. That<br />
minority provides a steady (and<br />
sometimes lucrative) revenue base for<br />
the great majority of lawyers, giving us little<br />
incentive to change the system. So nothing changes. Quod<br />
erat demonstrandum. Every lawyer who has ever admitted,<br />
“I couldn’t afford to hire me,” knows it to be true.<br />
We come up with excuses. We cite the high cost of<br />
running a law practice, even in an age when technological<br />
and market advances (online legal databases, law office<br />
software, virtual assistance, home-based businesses)<br />
make law an ever-less-expensive business. If cost were<br />
truly an obstacle to profit in the law, we’d take steps<br />
to reduce it – but since cost is often a driver of<br />
profit, through the billable-hour system, we’re<br />
quite happy to pass it on to the client.
MARCH/APRIL 2011 | 15<br />
It’s an unsustainable state of affairs, and as we re-Iearned<br />
in the wake of the financial crisis, the thing about<br />
unsustainable trends is that they come to an end. The<br />
legal market is changing with the entry of new sorts of<br />
providers – some lawyers, many not – that have decided<br />
that the people without shoes are exactly the people they<br />
want to serve.<br />
So we get online divorce form and will providers that<br />
guide clients through step-by-step processes for creating<br />
key documents. We get do-it-yourself contract providers<br />
like Dynamic Lawyers and Contract Tailor (lawyeroperated,<br />
by the way). We get Ontario paralegals, now<br />
full members of the Law Society of Upper Canada, and<br />
B.C. notaries, on their way to an expanded role in the<br />
marketplace through proposed changes to the provincial<br />
Legal Professions Act.<br />
conveniently it can be provided, and who should provide<br />
it.<br />
Legal providers’ internal costs will drop, meaning<br />
prices will drop, meaning lawyers will be serving less and<br />
less of the market all the time unless they lower their<br />
prices too.<br />
A market solution is coming to the access to justice<br />
problem. I’m just not sure lawyers will like it when it<br />
arrives.<br />
Jordan Furlong is a partner with Edge International, a senior consultant<br />
with Stem Legal, and an award-winning blogger at “Law21: Dispatches<br />
from a Legal Profession on the Brink” (http://law21.ca).<br />
This article is reprinted from the Lawyers Weekly (vol. 30, no. 4, Mar<br />
4/11 - pg. 23).<br />
Here’s what Wayne Braid, executive director of the<br />
Society of Notaries Public of B.C., told this newspaper in<br />
November: “We understand and realize there is a gap out<br />
there. People fall into an area where they can’t afford a<br />
lawyer or they won’t go to a lawyer. We certainly aren’t<br />
out there to be lawyers. Our interest is in helping people<br />
who fall outside of the system.”<br />
It’s becoming very clear that for the most part, access to<br />
justice solutions will be provided by people and<br />
organizations other than lawyers. We long ago made<br />
collective choice to serve only the upper end of the legal<br />
market; now, thanks to technological advances and a<br />
loosening of the regulatory straitjacket, the rest of the<br />
market has a realistic shot at legal service as well.<br />
Lower-quality service? Perhaps. Riskier for clients?<br />
Probably. But let’s not forget whose choices led to this<br />
result.<br />
And let’s not think the story ends here. These new<br />
providers and new delivery methods will change<br />
expectations throughout the legal marketplace about how<br />
much legal help should cost, how quickly and
16 | ARCTIC OBITER<br />
NWT LEGISLATIVE NEWS<br />
by Mark Aitken, Director of Legislation Division, GNWT Justice<br />
CONFLICT OF INTEREST ACT<br />
An Act to Amend the Conflict of Interest<br />
Act, S.N.W.T. 2011, c. 2, received<br />
Assent March 4, 2011. The Act<br />
amends the Conflict of Interest Act to<br />
provide that a member of a municipal<br />
council or a public board who is an<br />
employee of the Government of the<br />
N o r t h w e s t T e r r i t o r i e s , t h e<br />
Government of Canada or an agency<br />
of either government does not, by that<br />
reason only, have an indirect<br />
pecuniary interest in a contract or<br />
other matter in which his or her<br />
employer has an interest. The<br />
amendments are deemed to have<br />
come into force on July 16, 1991 - the<br />
day the present iteration of the<br />
Conflict of Interest Act came into force<br />
as part of the Revised Statutes of the<br />
Northwest Territories, 1988.<br />
DOG ACT<br />
An Act to Amend the Dog Act, S.N.W.T.<br />
2011, c. 3, received Assent March 4,<br />
2011. The amendments significantly<br />
update the Dog Act, including<br />
enhancing enforcement powers and<br />
i n c r e a s i n g m a x i m u m f i n e<br />
amounts. For technical reasons the<br />
amendments come into force in two<br />
stages on May 1 and May 2, 2011, by<br />
virtue of a commencement order<br />
registered as SI-003-2011.<br />
EVIDENCE ACT<br />
An Act to Amend the Evidence Act,<br />
S.N.W.T. 2011, c. 4, came into force on<br />
Assent on March 4, 2011. The Act<br />
amends the Evidence Act in respect of<br />
the use in legal proceedings of quality<br />
assurance records and information<br />
about the proceedings of quality<br />
assurance committees that examine<br />
health services. In addition, a number<br />
of minor improvements are made<br />
throughout the Act.<br />
FIRE PREVENTION ACT<br />
An Act to Amend the Fire Prevention<br />
Act, S.N.W.T. 2011, c. 5, came into<br />
force on Assent on March 4, 2011. The<br />
Act amends the Fire Prevention Act to<br />
enable the Fire Marshal to apply to the<br />
Supreme Court for an order<br />
authorizing him or her to take<br />
corrective action in respect of a<br />
structure or premises if he or she is<br />
unable to identify an owner or<br />
occupant.<br />
SETTLEMENTS ACT<br />
An Act to Repeal the Settlements Act,<br />
S.N.W.T. 2011, c. 8, came into force on<br />
Assent on March 4, 2011. The Act<br />
repealed the Settlements Act and<br />
c o n s e q u e n t i a l l y a m e n d s 2 3<br />
statutes. A considerable number of<br />
regulations have been or are in the<br />
process of being amended as a<br />
consequence of the repeal of the<br />
Settlements Act. The amendments to<br />
these regulations are not being<br />
individually noted in the interest of<br />
brevity.<br />
NOTE: FEE INCREASES<br />
In March 2011, 16 regulations were<br />
prepared adjusting fees authorized<br />
under the same number of<br />
statutes. The fees were increased as a<br />
r e s u l t o f a c o m p r e h e n s i v e<br />
Government-wide initiative that<br />
determined new fee amounts based<br />
on inflationary changes over<br />
time. This initiative addressed fees set<br />
out in regulations administered by<br />
Legal Registries, the Courts and the<br />
Public Trustee, as well as Government<br />
Departments other than Justice. The<br />
amending regulations are not being<br />
individually noted in the interest of<br />
brevity; readers are referred to the<br />
online edition of Part II of the<br />
Northwest Territories Gazette for the<br />
full text of these and any other<br />
regulations.<br />
IT’S ALL ONLINE!<br />
Find Certified Bills, Consolidations of Acts, Regulations and Court Rules, and the Northwest<br />
Territories Gazette at the GNWT website:<br />
http://www.justice.gov.nt.ca/Legislation/SearchLeg&Reg.shtml<br />
The NWT Legislative News is not a<br />
comprehensive report of legislative<br />
enactments. Only items considered to<br />
be of interest to the Bar are listed.
MARCH/APRIL 2011 | 17<br />
NWT DECISION DIGEST<br />
SUPREME COURT<br />
CIVIL<br />
Pilon v. Pilon<br />
2011 NWTSC 17 (CanLII) | March 16, 2011<br />
Presiding: Justice V.A. Schuler<br />
For the Applicant/Respondent: D. Large, QC<br />
For the Respondent/Petitioner: A. Duchene<br />
Application for summary judgment in<br />
custody/access proceedings. A trial of<br />
the Respondent Petitioner’s application<br />
for an order varying the custody<br />
arrangements was underway. Some<br />
evidence had been heard and the<br />
proceedings were adjourned to hear<br />
from an expert witness. Before that<br />
witness could be heard, the Applicant/<br />
Respondent brought an application for<br />
summary judgment to dismiss the<br />
Respondent Petitioner’s application on<br />
the basis that there was no triable issue<br />
on the threshold matter, that there was<br />
a change in circumstances, as required<br />
by section 17(5) of the Divorce Act.<br />
Application dismissed: “...there is a<br />
genuine and triable issue as to whether<br />
there has been a change of<br />
circumstances affecting *the child’s+ best<br />
interests...”<br />
Gresty v. Wright<br />
2011 NWTSC 10 (CanLII) | March 11, 2011<br />
Presiding: Justice L.A. Charbonneau<br />
For the Applicant: E. Blackmore<br />
For the Respondent: B. Rattan<br />
Application for interim orders<br />
concerning the care and control of the<br />
infant child and access. The child is 9<br />
months old. The Respondent mother is<br />
on maternity leave from her<br />
employment in Edmonton; the<br />
Applicant father is a member of the<br />
armed services, on a three-year contract<br />
in Yellowknife.<br />
The Respondent fled the jurisdiction<br />
with the infant child after attending at a<br />
women’s shelter and obtaining an<br />
Emergency Protection Order. The<br />
Respondent alleges that the Applicant<br />
threatened her and the child. The<br />
Applicant has been charged with<br />
uttering threats.<br />
The issue is what living arrangements<br />
are in the child’s best interests in the<br />
short term, pending a determination of<br />
the issue of custody. Interim orders:<br />
the Respondent has care and control of<br />
the child and the Applicant has access<br />
on reasonable terms and conditions that<br />
he and the Respondent must agree on;<br />
access to be supervised by a third party;<br />
reasonable access costs for the<br />
Applicant to be shared equally by the<br />
Respondent; no direct contact between<br />
the parties and all communications and<br />
access arrangements to be made<br />
through counsel.<br />
CASES CITED<br />
Gordon v. Goertz [1996] 2 S.C.R. 27<br />
Cater v. Cater, 2000 NWTSC 34<br />
Ivens v. Ivens, 2008 NWTSC 18<br />
Praetzel v. Porter, 2008 NWTSC 86<br />
STATUTES CITED<br />
Children’s Law Act<br />
CRIMINAL<br />
R. v. Delorme<br />
2011 NWTSC 14 | March 14, 2011<br />
Presiding: Justice V.A. Schuler<br />
For the Crown: G. Boyd<br />
For the Accused: A. Khan<br />
Reasons for Sentence: the accused was<br />
convicted by a jury of sexual assault.<br />
The victim was asleep at the time. The<br />
accused is an Aboriginal person, 28<br />
years of age, with a grade 8 education, a<br />
lengthy criminal record of 38<br />
convictions including convictions for<br />
assault and uttering threats and<br />
breaches. He is the father of two<br />
children, and has a history of alcohol<br />
abuse. His family background is<br />
“tragic”. There are no mitigating factors.<br />
The offence took place before the<br />
coming into force of the Truth in<br />
Sentencing Act. The accused was<br />
credited with 57 days of remand time as<br />
the equivalent of three months and after<br />
that, the sentence imposed is four years<br />
in jail. Orders for DNA, registration<br />
with the Sexual Offender Information<br />
Registry, and 10 year firearm<br />
prohibition.<br />
CASES CITED<br />
R. v. A.J.P.J., 2011 NWTCA 2<br />
R. v. Kodzin, 2011 NWTSC 2<br />
R. v. Arcand, 2010 ABCA 363<br />
R. v. Beaulieu<br />
2011 NWTSC 15 | March 16, 2011<br />
Presiding: Justice J.Z. Vertes<br />
For the Crown: J. Walsh<br />
For the Accused: T. Boyd<br />
Reasons for Sentence: The accused was<br />
convicted by a jury of break and enter a<br />
dwelling house and committing a<br />
sexual assault therein. The maximum<br />
penalty is life imprisonment.<br />
There are no mitigating factors. The<br />
aggravating factors are that the accused<br />
and the victim knew each other for a<br />
long time and the accused is<br />
considerably older than the victim;<br />
second, the accused has a record of 10<br />
convictions between 1988 and 2009<br />
including 2 convictions for assault and<br />
the most recent conviction for arson<br />
when the accused burned down his<br />
own house. He had been released from<br />
prison only 11 days before the present<br />
offence.<br />
The accused is a member of the
18 | ARCTIC OBITER<br />
Yellowknife Dene Band, is certified as a<br />
heavy equipment operator with a<br />
lengthy work history. His employer<br />
provided a positive reference. The<br />
accused supports his 4 children<br />
financially. The accused has complied<br />
with all conditions of his bail order and<br />
has been working full-time and living<br />
outside of Yellowknife.<br />
The accused is sentenced to 5 years in<br />
jail, and ancillary orders: DNA sample,<br />
registration with the Sexual Offender<br />
Information Registry, and a 10 year<br />
firearms prohibition order.<br />
TERRITORIAL COURT<br />
R. v. Cheryl Williams<br />
2011 NWTTC 05 (CanLII) | March 25, 2011<br />
Presiding: Judge R.D. Gorin<br />
For the Crown: A. Godfrey<br />
For the Defendant: A. Parr<br />
The accused was charged with driving<br />
while disqualified (s. 259(4) of the<br />
Criminal Code.) The accused was found<br />
not guilty because the French version of<br />
the provisions refer to a driving<br />
prohibition where a jail term had been<br />
sentenced for the same offence. The<br />
written decision is a thorough analysis<br />
of bilingual legislative drafting.<br />
Harrison v. Omilgoituk<br />
2011 NWTTC 09 (CanLII) | March 23, 2011<br />
Presiding: Judge B.E. Schmaltz<br />
For the Applicant: C. Seddon<br />
For the Respondent: D. Large, QC<br />
Application pursuant to the Children’s<br />
Law Act for imputation of income for<br />
the Respondent, child support and<br />
retroactive child support based on<br />
imputed income. There are three<br />
children of the relationship. The parties<br />
separated in November 2008 and the<br />
Respondent has paid no child support.<br />
The Respondent is a full-time student<br />
seeking his high school diploma. He<br />
did not provide the Court with copies of<br />
his income tax returns. The Court<br />
found that the Respondent is<br />
deliberately unemployed and imputed<br />
an annual income of $33,280. Arrears<br />
were set at $6,914.00. The Respondent<br />
was ordered to pay $668.00 per month<br />
for child support, and arrears of $193.00<br />
per month, and to provide a copy of his<br />
filed 2011 Income Tax Return to the<br />
Applicant by June 30, 2012, and to<br />
provide copies of subsequent years’<br />
income tax returns to the Applicant by<br />
June 30 th of every year.<br />
CASES CITED<br />
Tybring v. Tybring, 2003 NWTSC 67<br />
Vornbrock v. Jaeb, 2008 NWTSC 95<br />
Edgi v. Grandjambe, 2004 NWTSC 11<br />
D.B.S. v. S.R.G; L.J.W. v. T.A.R.; Henry v. Henry;<br />
Hiemstra v. Hiemstra, [2006] 2 S.C.R. 231<br />
STATUTES CITED<br />
Children’s Law Act<br />
Child Support Guidelines, R-138-98<br />
Good food,<br />
great company.<br />
On Tuesday, June 14, 2011, celebrate the warmth of the season with old<br />
friends and new colleagues during the spring sitting of the NWT Court of<br />
Appeal.<br />
Watch your inbox for your invitation.<br />
Court of Appeal<br />
Barbeque
MARCH/APRIL 2011 | 19<br />
S.C.C. UPDATE<br />
HERE IS A SUMMARY OF ALL APPEALS AND ALL LEAVES TO APPEAL (ONES GRANTED – SO YOU KNOW<br />
WHAT AREAS OF LAW THE S.C.C. WILL SOON BE DEALING WITH IN CASE ANY MAY BE AN AREA OF LAW<br />
YOU’RE LITIGATING/ADVISING/MANAGING). FOR LEAVES, I’VE SPECIFICALLY ADDED IN BOTH THE DATE<br />
THE S.C.C. GRANTED LEAVE AND THE DATE OF THE C.A. JUDGMENT BELOW, IN CASE YOU WANT TO<br />
TRACK AND CHECK OUT THE C.A. JUDGMENT.<br />
APPEALS<br />
ARBITRATION: CLASS ACTIONS;<br />
STAY OF PROCEEDINGS<br />
Seidel v. TELUS Communications Inc. (B.C.C.A.,<br />
March 13, 2009) (33154)<br />
2011 SCC 15 (CanLII) | March 18, 2011<br />
The S.C.C. took a generalized view that:<br />
the choice to restrict or not to restrict<br />
arbitration clauses in consumer<br />
contracts is a matter for the<br />
legislature<br />
absent legislative intervention, the<br />
courts will generally give effect to<br />
the terms of a commercial contract<br />
freely entered into, including an<br />
arbitration clause.<br />
Most specifically, the S.C.C. held that s.<br />
172 claims and certification proceedings<br />
may be pursued, but other claims are<br />
obliged to go to arbitration. (s. 172, of<br />
the BC Business Practices and Consumer<br />
Protection Act: "a person other than a<br />
supplier, whether or not the person<br />
bringing the action has a special interest<br />
or any interest under this Act or is<br />
affected by a consumer transaction that<br />
gives rise to the action, may bring an<br />
action in Supreme Court".<br />
CRIMINAL LAW: HOMICIDE JURY<br />
QUESTIONS<br />
R. v. Miljevic (Alta. C.A., Dec. 17, 2010) (33714)<br />
2011 SCC 08 (CanLII) | February 16, 2011<br />
The trial judge was upheld by the S.C.C.<br />
in the following circumstances:<br />
the jury had asked the trial judge to<br />
explain the difference between<br />
manslaughter and second degree<br />
murder, to provide examples, and to<br />
provide a specific definition of<br />
manslaughter<br />
the judge responded to the questions<br />
but did not provide examples or a<br />
definition of manslaughter<br />
the judge declined to give the jury<br />
examples for fear that they would<br />
not make the difference between<br />
murder and manslaughter any<br />
clearer<br />
he explained to the jury that each<br />
case is driven by its own facts, and<br />
the facts of one case or one example<br />
might not truly help them<br />
he also told them there is no specific<br />
definition of manslaughter in the<br />
Criminal Code, but he could help<br />
them by saying that the killing in this<br />
case was either murder or<br />
manslaughter and that if the<br />
appellant was not proved to have<br />
had the mental state required for<br />
murder, then the killing is<br />
manslaughter.<br />
CRIMINAL LAW: SEXUAL<br />
ASSAULT<br />
R. v. J.A.A. (Ont. C.A., July 9, 2010) (33782)<br />
2011 SCC 17 (CanLII) | April 8, 2011<br />
The advance notice by the SCC for this<br />
appeal (issued April 5, 2011) stated:<br />
"Publication ban in case". The judgment<br />
that just came down does not so state.<br />
Given the nature of the case, and to be<br />
completely safe, no summary on this<br />
particular case this morning.<br />
The<br />
generalized issues in this appeal deal<br />
with post-offence demeanour, whether<br />
police officers can give lay evidence as<br />
to wounds being bite wounds or<br />
whether that evidence has to be<br />
adduced by an expert (such as a<br />
forensic dentist). The hyperlink for the<br />
case is immediately below.<br />
FAMILY LAW: COMMON LAW<br />
SPOUSES<br />
Kerr v. Baranow (B.C.C.A.) (33157)<br />
Vanasse v. Seguin (Ont. C.A.) (33358)<br />
2011 SCC 10 (CanLII) | February 18, 2011<br />
The S.C.C. held the following:<br />
the "common intention" approach to<br />
resulting trust has no further role to<br />
play in the resolution of property<br />
claims by domestic partners on the<br />
breakdown of their relationship<br />
where both parties have worked<br />
together for the common good, with<br />
each making extensive, but different,<br />
contributions to the welfare of the<br />
other and, as a result, have<br />
accumulated assets, the money<br />
remedy for unjust enrichment should<br />
reflect that reality; the remedy in<br />
these circumstances “should not be<br />
based on a minute totting up of the<br />
give and take of daily domestic life,<br />
but rather should treat the claimant<br />
as a co-venturer, not as the hired
20 | ARCTIC OBITER<br />
help”<br />
many domestic relationships involve<br />
the mutual conferral of benefits, in<br />
the sense that each contributes in<br />
various ways to the welfare of the<br />
other; this issue should, (with a small<br />
exception), be addressed at the<br />
defence and remedy stage<br />
the parties' reasonable or legitimate<br />
expectations have a limited role, and<br />
must be considered in relation to<br />
whether there is a juristic reason for<br />
the enrichment.<br />
CLASS ACTIONS IN QUEBEC:<br />
DEFAMATION<br />
Bou Malhab v. Diffusion Métromédia CMR inc.<br />
(Que. C.A., Dec. 15, 2009) (32931)<br />
2011 SCC 09 (CanLII) | February 17, 2011<br />
A defamation action is not the<br />
appropriate recourse in all cases of<br />
racism or discrimination, and is not the<br />
appropriate recourse in this particular<br />
case.<br />
CONSTITUTIONAL LAW: FEDERAL-<br />
PROVINCIAL COST-SHARING<br />
AGREEMENT<br />
Québec (Attorney General) v. Canada (Fed. C.A.,<br />
December 9, 2009) (33524)<br />
2011 SCC 11 (CanLII) | March 3, 2011<br />
Social services provided in schools were<br />
not part of the Canada Assistance Plan,<br />
and residential support services<br />
provided to persons with disabilities<br />
were cost-shared under a separate Act<br />
of Parliament.<br />
CHARTER: EQUALITY;<br />
DISCRIMINATION BASED ON AGE<br />
Withler v.Canada (Attorney General)(B.C.C.A.,<br />
December 23, 2008)( 33039)<br />
2011 SCC 12 (CanLII) | March 4, 2011<br />
It is constitutionally not discriminatory<br />
for federal statutes<br />
to reduce<br />
supplementary death benefits to<br />
widows based on the age of their<br />
husbands at the time of death.<br />
CRIMINAL LAW: (MILITARY)<br />
SENTENCING<br />
R. v. St-Onge (Court Martial Appeal Court of<br />
Canada, August 20, 2010) (33864)<br />
2011 SCC 16 (CanLII) | April 1, 2011<br />
The appeal in this case, brought under<br />
s. 245(2)(a) of the National Defence Act is<br />
a proper as of right appeal. It was not<br />
open to the C.A. below to interfere with<br />
the trial judge's decision, the C.A. is<br />
overturned, and the trial judge upheld.<br />
CRIMINAL LAW: POST-OFFENCE<br />
CONDUCT JURY CHARGES<br />
R. v. White (B.C.C.A., May 10, 2010) (33464)<br />
2011 SCC 13 (CanLII) | March 11, 2011<br />
He who hesitates is guilty, of<br />
manslaughter, not murder.<br />
The Canadian Legal Information Institute<br />
Making Canadian law accessible for<br />
free on the internet.<br />
www.canlii.org<br />
LEAVE TO APPEALS<br />
GRANTED<br />
CIVIL PROCEDURE: ISSUE<br />
ESTOPPEL<br />
Wayne Penner v. Regional Municipality of Niagara<br />
Regional Police Services Board, Gary E. Nicholls,<br />
Nathan Parker, Paul Koscinski and Roy<br />
Federkow (Ont. C.A., September 27, 2010) (33959)<br />
March 24, 2011<br />
In the context of someone arrested for<br />
causing a disturbance in court during a<br />
trial, is there issue estoppel when the<br />
following hearings/tribunals dealt with<br />
the matter: hearing officer appointed<br />
under the Police Services Board;<br />
Civilian Commission on Police Services;<br />
Divisional Court; Ontario Superior<br />
Court; Ontario C.A.<br />
COMMUNICATIONS LAW: DO<br />
ISP'S "BROADCAST"<br />
Alliance of Canada Cinema, et al v. Bell Aliant<br />
Regional Communications, et al (Fed. C.A., July 7,<br />
2010) (33884)<br />
March 24, 2011<br />
Do retail ISPs carry on, in whole or in<br />
part, "broadcasting undertakings"<br />
subject to the federal Broadcasting Act,<br />
when, in their role as ISPs, they provide<br />
access through the internet to<br />
"broadcasting" requested by end-users.<br />
CONSTITUTIONAL LAW: DIVISION<br />
OF POWERS<br />
Tessier Ltée v. Commission de la santé et de la<br />
sécurité du travail - and - Commission des lésions<br />
professionnelles (Que. C.A., September 13, 2010)<br />
(33935) March 24, 2011<br />
Where a business rents cranes for<br />
various purposes, including loading<br />
and unloading ships, also engages in
MARCH/APRIL 2011 | 21<br />
road transportation, maintains and<br />
repairs equipment, is this a federal or a<br />
provincial jurisdiction.<br />
COPYRIGHT: ONLINE MUSIC<br />
Rogers Communications Inc. et al v. Society of<br />
Composers, Authors and Music Publishers of Canada<br />
(Fed. C.A., September 2, 2010) (33922)<br />
March 24, 2011<br />
Are royalties payable where ISPs<br />
provide consumers with means to<br />
access websites for online music service<br />
providers.<br />
COPYRIGHT: ONLINE VIDEO,<br />
GAMES & MUSIC<br />
Entertainment Software Association et al v. Society of<br />
Composers, Authors and Music Publishers of Canada<br />
(Fed. C.A., September 2, 2010) (33921)<br />
March 24, 2011<br />
Are royalties payable where interactive<br />
software products (primarily video and<br />
computer games) provide consumers<br />
with the means to access websites.<br />
CRIMINAL LAW: DISOBEYING<br />
COURT ORDERS<br />
Linda Gibbons v. Her Majesty the Queen (Ont. C.A.,<br />
January 29, 2010) (33813)<br />
February 17, 2011<br />
Can one be charged with disobeying a<br />
court order when one displays a protest<br />
sign within 60 ft of a clinic in breach of<br />
an interlocutory injunction.<br />
CRIMINAL LAW: HIJAB/NIQAB IN<br />
COURT<br />
N.S. v. Her Majesty the Queen, M--d.S., M--l.S.<br />
(Ont. C.A., October 13, 2010) (33989)<br />
March 17, 2011<br />
In what circumstances can (or cannot) a<br />
hijab (a full body dress) or a nijab (a veil<br />
which covers the entire face except the<br />
eyes) be worn in court.<br />
CRIMINAL LAW: IMPAIRED;<br />
CONSTITUTIONALITY<br />
Her Majesty the Queen, Attorney General of Quebec<br />
v. Anic St-Onge Lamoureux, et al (Que. Ct. (Crim.<br />
& Penal Div.), September 15, 2010) (33970)<br />
March 31, 2011<br />
Are the impaired provisions of the<br />
Criminal Code constitutional.<br />
CRIMINAL LAW: INFORMER<br />
PRIVILEGE<br />
B v. Her Majesty the Queen et al (Que. S.C.J.,<br />
September 17, 2010) (34053)<br />
March 24, 2011<br />
What is the legal status of a police<br />
informant in the context of an organized<br />
crime network.<br />
CRIMINAL LAW: SEX WORKERS<br />
Attorney General of Canada v. Downtown Eastside<br />
Sex Workers United Against <strong>Violence</strong> Society, Sheryl<br />
Kiselbach (B.C.C.A., October 12, 2010) (33981)<br />
March 31, 2011<br />
Are the sex worker provisions in the<br />
Criminal Code constitutional.<br />
FAMILY LAW IN QUEBEC:<br />
COMMON LAW SPOUSES<br />
Attorney General of Quebec v. A et al; B v. A et al; A<br />
v. B et al (Que. C.A., November 3, 2010) (33990)<br />
March 24, 2011<br />
What are the rights duties and<br />
obligations arising from living common<br />
law in Quebec.<br />
MUNICIPAL LAW: TAXING<br />
FEDERAL BUILDINGS<br />
Halifax Regional Municipality v. Her Majesty the<br />
Queen in Right of Canada, as represented by the<br />
Minister of Public Works and Government Services<br />
(Fed. C.A., July 21, 2010) (33876)<br />
February 24, 2011<br />
What is the proper municipal tax<br />
assessment for federal buildings.<br />
TAX: GST<br />
Toronto-Dominion Bank v. Her Majesty the Queen<br />
(Fed. C.A., June 30, 2010) (33878)<br />
March 24, 2011<br />
What is a proper priority for a GST<br />
claim in a bankruptcy situation.<br />
TAX: PHARMACEUTICALS<br />
Her Majesty the Queen v. GlaxoSmithKline Inc.<br />
(Fed. C.A., July 26, 2010) (33874)<br />
March 24, 2011<br />
I s t h e p r i c e p a i d b y o t h e r<br />
pharmaceutical companies selling<br />
generic versions of a drug, a reasonable<br />
amount on which to base tax payable.<br />
Eugene Meehan, Q.C., is a Litigation Partner<br />
at McMillan, Ottawa. His primary area of<br />
work is with the Supreme Court of Canada,<br />
mainly assisting other lawyers in taking cases<br />
(both Leave to Appeal and Appeal). He also<br />
does Public Law generally. For previous<br />
summaries, and to keep up-to-date with all<br />
SCC appeals and leave to appeals, contact<br />
Eugene at eugene.meehan@mcmillan.ca.
22 | ARCTIC OBITER<br />
NOTICES<br />
The Supreme Court of the Northwest Territories<br />
Court of Appeal of the Northwest Territories<br />
SCHEDULING NOTICE<br />
TO MEMBERS OF THE BAR<br />
PLEASE TAKE NOTICE THAT THE NEXT SUPREME COURT<br />
GENERAL CRIMINAL LIST WILL BE CALLED ON:<br />
NOTE:<br />
Thursday, May 12, 2011 at 15:00 hrs<br />
AT YELLOWKNIFE NT<br />
IN COURTROOM #1<br />
1. All Counsel (Crown & Defence) with pending matters are to attend the<br />
Calling of the List, either personally or by agent.<br />
2. For those pending matters in which the Accused person has elected trial<br />
by Judge and Jury, counsel (both Crown & Defence) are to advise the<br />
presiding Judge at the time of, or prior to, the Calling of the List whether<br />
the matter will indeed be proceeding as a contested Jury Trial and, if so,<br />
the estimated duration of the Jury Trial.<br />
3. For those with Summary Conviction Appeals, please be reminded of<br />
Rule 117 of the Criminal Rules of the NWT.<br />
NOTICE TO MEMBERS OF THE BAR<br />
PLEASE TAKE NOTICE THAT THE LIST OF CASES PENDING AND THE<br />
GENERAL APPEAL LIST WILL BE CALLED BY A JUDGE IN CHAMBERS ON<br />
Thursday, May 12, 2011 at 15:30 hrs<br />
at Yellowknife NT<br />
IN COURTROOM #1<br />
for the Court of Appeal Assize commencing<br />
June 14, 2011<br />
COUNSEL ARE REMINDED OF THE FOLLOWING NEW FILING<br />
DEADLINES FOR APPEALS FILED AFTER MARCH 1, 2006:<br />
CIVIL APPEALS and CRIMINAL APPEALS<br />
a) Appeal books must be filed not later than 12 weeks from the date on<br />
which the notice of appeal was filed.<br />
b) Appellant’s Factums must be filed within 60 days of filing of the appeal<br />
book or within 7 months of the notice of appeal whichever date is<br />
earliest.<br />
c) Respondent’s factum must be filed within 30 days of being served the<br />
appellant’s factum.<br />
d) Only those appeals that have been perfected as at May 12, 2011 will be<br />
set for hearing at the June 14, 2011 assize.<br />
Court of Appeal of the Northwest Territories<br />
NOTICE TO MEMBERS OF THE BAR<br />
The Court of Appeal sitting dates to be held in Yellowknife for<br />
2011 have been set as follows:<br />
Tuesday, January 18<br />
Tuesday, April 12<br />
Tuesday, June 14<br />
Tuesday, October 18<br />
Northwest Territories Courts<br />
TO ALL MEMBERS OF THE BAR<br />
Please be advised there will be no Civil Chambers on Friday,<br />
July 29, 2011. Instead, Civil Chambers will be held at 2:00pm<br />
on Thursday, July 28, 2011.
MARCH/APRIL 2011 | 23<br />
RESOURCES<br />
The Legal Profession<br />
Assistance Conference<br />
(LPAC) of the Canadian Bar Assocation is<br />
dedicated to helping lawyers, judges, law<br />
students and their families with personal,<br />
emotional, health and lifestyle issues<br />
through a network of Lawyer Assistance<br />
Programs, a national 24-hour helpline and<br />
Provincial Programs. If you need<br />
assistance, please call the helpline or visit<br />
their website.<br />
1-800-667-5722<br />
www.lpac.ca<br />
The Law Society of the<br />
NWT and the CBA-NT<br />
Branch have partnered<br />
with Human Solutions to offer members<br />
free, private and confidential professional<br />
counseling and consultation for the<br />
resolution of personal issues or work<br />
related difficulties.<br />
This service is available 24 hours a day, 7<br />
days a week. Call any time.<br />
1-800-663-1142<br />
Mentor Program<br />
Members from Northwest Territories and Nunavut are invited to call the office of the Alberta<br />
Practice Advisor and ask for the Mentor Program. Please be advised that not all of the mentors<br />
may be totally familiar with NT statutes and practice. There is no cost. CALL 1-888-272-8839<br />
Practice Advisors<br />
The Practice Advisors from the<br />
Law Society of Alberta are<br />
available to discuss legal, ethical and<br />
practice concerns, and personal matters<br />
such as stress and addiction. Members are<br />
invited to contact the Practice Advisors at<br />
any time:<br />
Ross McLeod (Edmonton)<br />
Tel:<br />
780-412-2301 or<br />
1-800-661-2135<br />
Fax: 780-424-1620<br />
ross.mcleod@lawsocietyalberta.com<br />
Nancy Carruthers (Calgary)<br />
Tel:<br />
403-229-4714 or<br />
1-866-440-4640<br />
Fax: 403-228-1728<br />
nancy.carruthers@lawsocietyalberta.com<br />
THE LIGHTER SIDE<br />
A Novel Experience<br />
A judge in a not-so-large city was<br />
hearing a drunk-driving case when<br />
the defendant, who had both a record<br />
and a reputation for driving under the<br />
influence, demanded a jury trial. It<br />
was nearly 4:00 PM, and getting a<br />
jury would take time, so the judge<br />
called a recess and went out in the<br />
hall looking to impanel anyone<br />
available for jury duty.<br />
He found a dozen lawyers in the main<br />
lobby and told them that they were a<br />
jury. The lawyers thought this would<br />
be a novel experience and so followed<br />
the judge back to the courtroom.<br />
The trial was over in about 10 minutes<br />
and it was very clear that the<br />
defendant was guilty. The jury went<br />
into the jury room, the judge started<br />
getting ready to go home, and<br />
everyone waited. After nearly three<br />
hours, the judge was totally out of<br />
patience and sent the bailiff into the<br />
jury-room to see what was holding up<br />
the verdict.<br />
When the bailiff returned, the judge<br />
said, “well, have they got a verdict<br />
yet?”<br />
The bailiff shook his head and said,<br />
“Verdict? They're still doing<br />
nominating speeches for the foreman's<br />
position!”<br />
Court: Is there any reason why you<br />
couldn't serve as a juror in this case?<br />
Potential Juror: I don't want to be<br />
away from my job that long.<br />
Court: Can't they do without you at<br />
work?<br />
Potential Juror: Yes, but I don't want<br />
them to know that.
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