ARCTIC OBITER

September/October 2011 - Law Society of the Northwest Territories September/October 2011 - Law Society of the Northwest Territories

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4 | ARCTIC OBITER BAR NOTES Business as Usual To me, Fall has always been a time to focus, put pen to paper and get down to business. Perhaps it’s a remnant of school days, now more distant than I would like to admit, or a desire to bury my head in the mounds of paper on my desk to ignore those first flurries of winter outside my window. Nonetheless, it is business as usual, and there certainly is a fair amount of business in the Northwest Territories. The kickoff of this fall season, the commencement of my presidential year coincided with the 6th annual Presidents’ Dinner, hosted by myself and Sheila McPherson. The Dinner, catered by World Catering at the Champagne Room, was accented by two guest speakers this year: Laura K. Stevens, QC, and the Hon. Judge Janet L. Dixon. The lively exchange between our guest speakers touched on the realities of practicing law, and the interaction both between members of the Bar and between the Bench and Bar. The speakers were insightful and entertaining, and I don’t think I’m entirely Malinda Kellett biased to report that the evening was a success. Shortly thereafter was the territorial election, in which we saw a number of returning members of the legislative assembly, but also some new faces. This culminated on October 26th with the election of our new Premier, Bob MacLeod, and the executive council. I wish to extend my congratulations to all the elected members; I look forward to this 17th Legislative Assembly. Other exciting news for the Northwest Territories and our Bar is the recent appointment of the Hon. Karan M. Shaner as a Justice of the Supreme Court of the Northwest Territories. Madam Justice Shaner has been a member of the Law Society of the NWT since 1991, and a member of the Canadian Bar Association. As many of you know, she began her career in the north with Johnson, Gullberg, Wiest and MacPherson (now our Lawson Lundell LLP) in 1991, before joining the Department of Justice - first as legal counsel before moving on to Director, Legal Division, in 2003 and Assistant Deputy Minister in 2008. Some of us, however, may know her as the self-proclaimed (and tongue-in-cheek) “Failed Mommy”, sharing the joys and often humorous frustrations of being a working mom. All of which brings to mind the address Ms. Shaner did for the CBA’s Woman Lawyers Forum a couple of years ago. The focus of her talk (and others’) was her personal recipe for success which, summarized, was to find your inspiration or passion in work, and let that direct your path to success. I think Madam Justice Shaner is an excellent role model in that respect, and I wish her my sincere congratulations and best wishes in her new role. The advent of fall also marks the return of continuing professional development programming. I know our local sections of the Canadian Bar Association are busy planning some great sessions for this year. In addition, on the national level, the Skilled Lawyer Series is returning with another great line up of exceptional webinars. While the first series was directed at general topics, this second series focuses on more narrow and detailed skill sets and areas of law. The original series was a great success both locally and nationally, and we look forward to more of the same this year. Finally, in getting into gear and looking forward to the year ahead, I would be remiss if I did not pause to acknowledge and reflect upon the local tragedies of this summer. I know I’m not the only one who watched and read with a sinking heart the news of the First Air, Arctic Sunwest and Air Tindi tragedies. I want to extend my sincere condolences to the families, friends and colleagues of the deceased. There are no words. The only comfort in such hardship that I could see was the reaction of the community and how our northerners pulled together to support those affected. We live in a part of Canada that can be, and often is, characterized by its remoteness, and many of us are far away from our extended families. In such circumstances, community is essential. In fact, the idea of community in the legal profession was one of the main attractions of the CBA for me. It was for this reason I originally became a member, and why I am still happy to be involved. I hope many of you feel the same way, and I look forward to working with you this year.

SEPTEMBER/OCTOBER 2011 | 5 THE DIRECTOR’S CHAIR Elections, AGM, Scams and Wellbeing ELECTIONS On the 20 th of September 2011, I signed a Notice of Election and Annual General Meeting which was posted on the website and sent to all active members. As a result, three nominations have been received and ballot packages will be sent to all members this week. Last year it was suggested that we provide further information on our candidates as many are new to the jurisdiction and not all non-resident members are familiar with the candidates. You can expect to receive this information the second week of November. Ballots are due back in the offices of the Law Society by noon on Friday, December 2 nd , 2011. AGM The 34 th Annual General Meeting of the Law Society of the Northwest Territories will take place on Saturday, December 3rd, 2011, commencing at 9:00 AM in the Champagne Linda G. Whitford Room, (2nd Floor) 5004 – 50th Avenue, Yellowknife, Northwest Territories. The Agenda will include the minutes of the 2010 meeting, the audited financial statement for the year ending December 31, 2010 and reports from all of the Committees and Law Society appointees to external committees. Those of you in attendance at the 2010 meeting will remember that we had a motion requesting that the Rules Committee prepare a revision of the Rules of the Law Society for consideration of the Members in either 2011 or 2012. The first review has been completed and a number of revisions recommended. Motions to adopt these revisions will be brought forward to the AGM. This will pave the way for the completion of the revision in 2012 with adoption at either the 2012 AGM or at an earlier SGM if that is deemed more appropriate. A copy of the review can be found on the website. Once again, the complete AGENDA will be posted online with a limited number of copies available at the meeting. The annual Christmas Dinner and Dance will be held that evening, once again at the Champagne Room. Watch for details in the weekly bulletin. SCAMS Every day we receive email scams from persons looking to retain the services of a lawyer with regards to a divorce settlement, debt collection, business loan agreement and more. While the majority of it is marked as “spam” (along with those pesky account verification e-mails), some still look pretty convincing. Don’t be fooled. Practice Pro has the Avoid a Claim blog to help lawyers avoid legal malpractice claims. You can also find information from the RCMP website. WELLBEING The time between now and the holiday season always seems to fly by, although I admit that I am not sure where this whole year has gone. That freshly fallen snow must certainly be a figment of my imagination... Regardless, it is a busy time — both personally and professionally — as we prepare to conclude one year and start a new one. Unfortunately, this potentially stressful time is also marked on our calendars as the flu season. Homewood Human Solutions, our Lawyers’ Assistance Program providers, has published their Tips for Staying Well At Work to celebrate Canada’s Healthy Workplaces Month. They’ve also published their Flu Prevention Tips. Flu clinics are also being held this week in Yellowknife. We live in a transient environment – protect yourself against influenza. I will also close by offering condolences to the aviation community and, more specifically, to the family and friends of those lost in the First Air, Arctic Sunwest and Air Tindi plane crashes. Aviation is a way of life in the North and, in some cases, the only mode of transportation available when it comes to taking the Court to the people. Mikey McBryan of Buffalo Airways said it best when he said, “No matter what color your birds are, we all fly the same sky. Respect to the Fallen.” I would also add thanks to the first responders and those who, without thought for personal safety, did whatever was necessary to help out.

SEPTEMBER/OCTOBER 2011 | 5<br />

THE DIRECTOR’S CHAIR<br />

Elections, AGM, Scams and Wellbeing<br />

ELECTIONS<br />

On the 20 th of September 2011, I signed a Notice of Election and<br />

Annual General Meeting which was posted on the website and<br />

sent to all active members. As a result, three nominations have<br />

been received and ballot packages will be sent to all members<br />

this week.<br />

Last year it was suggested that we provide<br />

further information on our candidates as<br />

many are new to the jurisdiction and not all<br />

non-resident members are familiar with the<br />

candidates. You can expect to receive this<br />

information the second week of November.<br />

Ballots are due back in the offices of the Law<br />

Society by noon on Friday, December 2 nd ,<br />

2011.<br />

AGM<br />

The 34 th Annual General Meeting of the Law<br />

Society of the Northwest Territories will take<br />

place on Saturday, December 3rd, 2011,<br />

commencing at 9:00 AM in the Champagne Linda G. Whitford<br />

Room, (2nd Floor) 5004 – 50th Avenue,<br />

Yellowknife, Northwest Territories. The Agenda will include<br />

the minutes of the 2010 meeting, the audited financial statement<br />

for the year ending December 31, 2010 and reports from all of<br />

the Committees and Law Society appointees to external<br />

committees. Those of you in attendance at the 2010 meeting will<br />

remember that we had a motion requesting that the Rules<br />

Committee prepare a revision of the Rules of the Law Society<br />

for consideration of the Members in either 2011 or 2012. The<br />

first review has been completed and a number of revisions<br />

recommended. Motions to adopt these revisions will be<br />

brought forward to the AGM. This will pave the way for the<br />

completion of the revision in 2012 with adoption at either the<br />

2012 AGM or at an earlier SGM if that is deemed more<br />

appropriate. A copy of the review can be found on the website.<br />

Once again, the complete AGENDA will be posted online with a<br />

limited number of copies available at the meeting.<br />

The annual Christmas Dinner and Dance will be held that<br />

evening, once again at the Champagne Room. Watch for details<br />

in the weekly bulletin.<br />

SCAMS<br />

Every day we receive email scams from persons looking to<br />

retain the services of a lawyer with regards to a divorce<br />

settlement, debt collection, business loan agreement and more.<br />

While the majority of it is marked as “spam” (along with those<br />

pesky account verification e-mails), some still<br />

look pretty convincing. Don’t be fooled.<br />

Practice Pro has the Avoid a Claim blog to<br />

help lawyers avoid legal malpractice claims.<br />

You can also find information from the RCMP<br />

website.<br />

WELLBEING<br />

The time between now and the holiday season<br />

always seems to fly by, although I admit that I<br />

am not sure where this whole year has gone.<br />

That freshly fallen snow must certainly be a<br />

figment of my imagination... Regardless, it is<br />

a busy time — both personally and<br />

professionally — as we prepare to conclude<br />

one year and start a new one. Unfortunately,<br />

this potentially stressful time is also marked<br />

on our calendars as the flu season. Homewood<br />

Human Solutions, our Lawyers’ Assistance Program providers,<br />

has published their Tips for Staying Well At Work to celebrate<br />

Canada’s Healthy Workplaces Month. They’ve also published<br />

their Flu Prevention Tips.<br />

Flu clinics are also being held this week in Yellowknife. We<br />

live in a transient environment – protect yourself against<br />

influenza.<br />

I will also close by offering condolences to the aviation<br />

community and, more specifically, to the family and friends of<br />

those lost in the First Air, Arctic Sunwest and Air Tindi plane<br />

crashes. Aviation is a way of life in the North and, in some<br />

cases, the only mode of transportation available when it comes<br />

to taking the Court to the people. Mikey McBryan of Buffalo<br />

Airways said it best when he said, “No matter what color your<br />

birds are, we all fly the same sky. Respect to the Fallen.” I<br />

would also add thanks to the first responders and those who,<br />

without thought for personal safety, did whatever was<br />

necessary to help out.

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