ARCTIC OBITER

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“Think like a lawyer, perform like an executive.” The Canadian Corporate Counsel Association (CCCA) and the Rotman School of Management have partnered to create the Business Leadership Program for In‐House Counsel. The first program of its kind, successful completion of all three phases will provide graduates with the designation of Certified In‐House Counsel – Canada (CIC.C). This program will develop and assess the skills, knowledge and attributes essential to be regarded as both trusted legal advisor and strategic business partner. Fulfilling the learning and competency needs required by in‐house counsel who are looking to advance in their careers to a General Counsel position or to the executive level, this program provides graduates with a competive edge. Who Should Apply? New to in‐house counsel working in a small or large legal department and requiring external training and development Mid‐level in‐house counsel who want to move to the next career level and require broader management and leadership development Only Legal Officers (OLOs) who want to grow their management / leadership skills and enhance their executive team contribution In‐house counsel serving as specialists within large legal departments, who desire broader and more varied skills development in management and leadership Senior Counsel who would like to move to the executive level External law firm lawyers who would like to move to an in‐house role Program Dates Module 1: February 28 ‐ March 2, 2014 Module 2: Self‐paced (online) Module 3: September 5 ‐ 7, 2014 Module 4: January 30 ‐ February 1, 2015 Cost $9100.00 + applicable taxes Questions? Contact certification@ccca‐cba.org or learn more at www.ccca‐accje.org. Academic Partner Learn more about our Academic Partner, the Rotman School of Management, at www.rotmanexecutive.com Application Process To apply to be a part of the next Certified In‐House Counsel – Canada cohort, please complete and submit the application form at www.ccca‐accje.org. Enrollment is limited, so early application is strongly encouraged. Learn today. Lead tomorrow. 30 ■ MARCH/APRIL 2013 ARCTIC OBITER
S.C.C. UPDATE HERE IS A SUMMARY OF ALL APPEALS AND ALL LEAVES TO APPEAL (ONES GRANTED – SO YOU KNOW WHAT AREAS OF LAW THE S.C.C. WILL SOON BE DEALING WITH IN CASE ANY MAY BE AN AREA OF LAW YOU’RE LITIGATING/ A D V I S I N G/MANAG I N G). F OR LEAVES, I’VE SPECIFICALLY ADDED IN BOTH THE DATE THE S.C.C. GRANTED LEAVE AND THE DATE OF THE C.A. JUDGMENT BELOW, IN CASE YOU WANT TO TRACK AND CHECK OUT THE C.A. JUDGMENT. ORAL JUDGEMENTS CRIMINAL LAW: SEXUAL OFFENCES; SEVERING COUNTS R. v. F.O.B. (B.C.C.A., Mar. 22, 2012)(34889) 2013 SCC 8 (February 15, 2013) Chief Justice: “We are all of the view that the appeal should be allowed, for the reasons of Chief Justice Finch." Eugene Meehan, QC Supreme Advocacy LLP Ottawa ~ CRIMINAL LAW: SEXUAL OFFENCES; EVIDENCE ASSESSMENT R. v. P.G.T. (N.L.C.A., June 13, 2012)(34934) 2013 SCC 10 (March 1, 2013) Justice Fish: “The appeal is allowed for the reasons given by Hoegg J.A. in the Court of Appeal and the conviction entered by the trial judge is restored. Fish and Cromwell J.J., dissenting, would have affirmed the judgment of the Court of Appeal ordering a new trial." APPEALS ABORIGINAL LAW: MÉTIS Manitoba Metis Federation Inc. v. Canada (A.G.) (Man. C.A., July 7, 2010)(33880) 2013 SCC 14 (March 8, 2013) Section 31 of the Manitoba Act constituted a constitutional obligation to Métis people, to provide children with allotments of land. The obligation did not impose a fiduciary or trust duty on the government. However, it engaged the honour of the Crown, which required the government to act with diligence in pursuit of the fulfillment of the promise. The claim based on the honour of the Crown is not barred by the law of limitations or the equitable doctrine of laches. ~ CIVIL PROCEDURE/POLICE: ISSUE ESTOPPEL Penner v. Niagara (Regional Police Services Board) (Ont. C.A., Sept. 27, 2010)(33959) 2013 SCC 19 (April 5, 2013) There is not and should not be a rule of public policy precluding the applicability of issue estoppel to police disciplinary hearings based upon judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to apply issue estoppel if it will work an injustice, even where the preconditions have been met. ~ CRIMINAL LAW: CONSPIRACY R. v. J.F. (Ont. C.A., April 6, 2011)(34284) 2013 SCC 12 (March 1, 2013) A person can be a party to the offence of conspiracy as a matter of law under s. 21. [emphasis in original]. Where a person, with knowledge of a conspiracy does (or omits to do) something for the purpose of furthering the unlawful object, with the knowledge and consent of one or more of the existing conspirators, this provides powerful circumstantial evidence ARCTIC OBITER MARCH/APRIL 2013 ■ 31
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