ARCTIC OBITER
Download - Law Society of the Northwest Territories
Download - Law Society of the Northwest Territories
- No tags were found...
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
<strong>ARCTIC</strong><br />
<strong>OBITER</strong><br />
FALL 2013 VOLUME XVII · ISSUE 5<br />
INSIDE<br />
FEATURING VOLUNTEERS<br />
MARGO NIGHTINGALE<br />
SARAH ARNGNA'NAAQ<br />
PAUL FALVO<br />
PRESIDENT’S MESSAGE 2<br />
CBA-NT BAR NOTES 4<br />
THE DIRECTOR’S CHAIR 7<br />
FINANCIAL MATTERS 10<br />
FEDERATION OF LAW SOCIETIES 17<br />
NWT DECISION DIGEST 20<br />
NWT LEGISLATIVE NEWS 25<br />
SUPREME COURT UPDATE 27<br />
RESOURCES 30<br />
MEMBER NEWS<br />
Arctic Obiter is a joint publication of the Law Society of the<br />
Northwest Territories and the Northwest Territories Branch of the<br />
Canadian Bar Association. For current and past issues, subscription<br />
details, submissions, advertising and all other enquiries, please<br />
contact the Law Society: 867 873 3828.<br />
The Arctic Obiter is your newsletter.<br />
Send your submissions to communications@lawsociety.nt.ca.<br />
Comments and suggestions are also welcome.
PRESIDENT’S MESSAGE<br />
T<br />
his last edition of the Obiter for 2013 is loosely<br />
themed around volunteerism and charity.<br />
Fortunately there is much to be written about the<br />
involvement of our membership in our community<br />
and on the various committees that make up our Law<br />
Society. I am going to highlight some of the recent<br />
volunteer work that keeps the Law Society operating<br />
as smoothly as it does and one area in<br />
need of improvement.<br />
New Executive<br />
First the good news: the election for the<br />
2014 Law Society Executive is<br />
complete. The 2014 Executive will<br />
benefit from the return of Margo<br />
Nightingale and the addition of<br />
Shannon Cumming and Michael<br />
Woodward. They will each begin their<br />
three year terms on December 7, 2013<br />
and are joining continuing members<br />
Karen Wilford, Alain Chaisson and<br />
Peter Hall.<br />
One of the first tasks they will participate in is a<br />
strategic planning session that is being organized for<br />
early in 2014. The goal of this session is to map out<br />
both short and longer term objectives for the Executive<br />
and, ultimately, committees.<br />
Should Societies regulate firms & associations?<br />
Another task of the Executive is to attend the<br />
Federation of Law Societies’ twice annual conferences<br />
on behalf of our Society. The most recent conference<br />
was held in St. John’s, Newfoundland in mid October.<br />
The theme of the conference asked us as regulators<br />
whether it is time to reconsider the current regime of<br />
regulating individual lawyers in favor of expanding<br />
regulation to law firms or other associations in which<br />
Caroline G. Wawzonek<br />
lawyers actually practice their trade. The conference,<br />
as always, was an opportunity to share and trade ideas<br />
and best practices to ensure that the law society<br />
operates in the best possible way with a mindful eye<br />
on emerging issues and trends.<br />
Linda’s Retirement<br />
A special committee was created this<br />
year to assist in seeking a successor for<br />
Linda in advance of her retirement in<br />
April 2014. This committee has met<br />
both before and after anything<br />
resembling regular work hours and<br />
their tireless commitment appears to<br />
have paid off. We hope to be able to<br />
announce our new Executive Director<br />
in time for the AGM. Stay tuned for<br />
details on a special farewell event for<br />
Linda Whitford in the new year.<br />
On that note, the social committee<br />
remained steadily busy through the fall<br />
and is now ramping up for the holiday<br />
party scheduled for November 30, 2013 at the DND<br />
Mess.<br />
CLIA changes<br />
This fall, members of the insurance committee and the<br />
executive attended a special meeting of the Canadian<br />
Lawyers Insurance Association (CLIA) in Toronto.<br />
Significant changes are on the horizon for CLIA<br />
including the departure of Alberta from at least the<br />
mandatory insurance program and a general<br />
restructuring of the board.<br />
And now the challenge: Every year the law society<br />
encourages members to make donations to the<br />
Yellowknife food bank leading up to the annual<br />
(CONTINUED ON PAGE 3)<br />
2 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
...PRESIDENT’S MESSAGE<br />
holiday party. The Yellowknife food bank serves a broad<br />
spectrum of people in our community including many<br />
families with children. Food Banks Canada concluded in its<br />
2013 annual report on hunger and food bank use in Canada<br />
that, “Food insecurity in the North, and particularly in the<br />
Arctic, is a dire public health emergency.”<br />
Last year we officially raised $350, of which$250 was<br />
budgeted from the Executive, in addition to some in-kind<br />
donations. In other words, the Law Society of the Northwest<br />
Territories officially raised only $100 in cash last holiday<br />
season.<br />
The Canadian Legal Information Institute<br />
Making Canadian law accessible<br />
for free on the internet.<br />
www.canlii.org<br />
We can do better than that.<br />
We have 152 active resident members. If each active,<br />
resident member made a donation equivalent to the<br />
cost of one $60 ticket to the holiday party we would<br />
raise $9120!<br />
I commend anyone who has lugged cans of food to their<br />
office and in exchange for you taking up this challenge, I<br />
promise to do my best to include any in-kind donations in my<br />
final tally this year.<br />
The AGM is scheduled for Saturday, December 7, 2013. I look<br />
forward to being able to report to you that we have<br />
collectively succeeded in putting together a donation to the<br />
Yellowknife Food Bank that will make a meaningful<br />
difference in the lives of other Yellowknifers or at least one<br />
that is well on its way there.<br />
Good luck!<br />
_____________________________________________________<br />
http://www.foodbankscanada.ca/FoodBanks/MediaLibrary/<br />
HungerCount/HungerCount2013.pdf<br />
Tickets cost $60 last year. Do not hold me to that price! Our<br />
Social Committee is still working out the finer details before<br />
finalizing this year’s ticket price but we expect it to be<br />
comparable.<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 3
CBA-NT BAR NOTES—SANDRA MACKENZIE, PRESIDENT<br />
t is that time of year again, when we as lawyers get<br />
I into the swing of professional activities after<br />
enjoying an amazing northern summer. Fall is a time<br />
to get back to business, to start afresh, and to set goals<br />
for the upcoming year ahead. As I sit down to write<br />
this piece, the first snow flakes are falling (and staying<br />
on the ground) in Yellowknife, and I am thinking<br />
about the upcoming year and what it means to be a<br />
member of the Canadian Bar Association.<br />
To me, it means being a connected and<br />
engaged member of the bar, participating<br />
in legislation and law reform, and having<br />
access to great local and national<br />
professional development and networking<br />
opportunities. It is also a great way to get<br />
involved and to give back to the<br />
profession.<br />
It has been a busy fall for the CBA at the national and<br />
local levels, and it is my hope that this year the CBA-<br />
NWT will continue to provide value, engagement, and<br />
meaningful CPD programs to its members. The fall got<br />
off to a great start with the Presidents’ Dinner on<br />
September 21, 2013, which was co-hosted by myself<br />
and the president of the Law Society, Caroline<br />
Wawzonek. We had the honour of hosting Madame<br />
Justice Andromache Karakastanis of the Supreme<br />
Court of Canada for the weekend of the dinner. Justice<br />
Karakastanis spoke about lawyers’ professional<br />
obligations to their clients, and the potential conflicts<br />
that arise between lawyers’ ethical obligations and the<br />
business of law. It was a thoughtful and insightful<br />
speech, and overall the evening was a great success! A<br />
big thanks goes out to all of the LSNWT and CBA staff<br />
and volunteers who made this event happen.<br />
Section Chairs are busy putting together a roster of<br />
great CPD programming for the year. Stay tuned for a<br />
busy few months of interesting programming. On a<br />
national level, the Skilled Lawyers Series is returning<br />
with another great line up of exceptional webinars.<br />
This season is focused on practice competencies and<br />
practice management. Each webinar will be replayed<br />
this year, so members will have another opportunity<br />
to access a program if they missed it the first time.<br />
These webinars can also be replayed upon request at<br />
any time.<br />
The Women Lawyers Forum has also had a busy fall<br />
so far. The season kicked off with a wine and sushi<br />
reception at the beginning of September which was a<br />
great way for people to reconnect professionally after<br />
the summer. The group put together a team for the<br />
CIBC Run for the Cure, and went out and ran on a<br />
beautiful autumn day in early October.<br />
At the national level, the CBA Access to Justice<br />
Committee recently released the Access to Justice<br />
Report “Reaching Equal Justice” at the CLC in<br />
Saskatoon this past summer. This fall, the committee<br />
is developing a work plan that will move the CBA<br />
from the targets in the report to concrete<br />
implementation. and is now in the final phase of the<br />
project. The CBA Futures Initiative is in full swing and<br />
is looking for members to “Join the Conversation” by<br />
participating in live webinars and twitter chats and<br />
online forums. There are lots of opportunities to get<br />
involved at the national level. Email me for any further<br />
information or questions on these projects or getting<br />
involved on national committees.<br />
As the new president of the CBA-NWT, I look forward<br />
to working with you this year.<br />
I want to hear what matters to you.<br />
I want to know how we can improve your experience<br />
as a member of the CBA, or if you are not a member- I<br />
want to know why you are not a member, and what<br />
the CBA can do engage and connect with local<br />
members of the bar.<br />
4 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
MARGO NIGHTINGALE<br />
LAWYER. CONDUCTOR.<br />
Nobody can do everything,<br />
but<br />
everyone can do something.<br />
(source unknown)<br />
People volunteer for as many reasons as<br />
there are causes to choose from.<br />
We<br />
volunteer to do good deeds, to work<br />
towards change, to develop our skills,<br />
to share our knowledge, to fulfill a<br />
sense of obligation, to expand our social<br />
networks, and sometimes to drum up<br />
new business.<br />
We volunteer to give<br />
something back, and sometimes, we receive<br />
an abundance in return.<br />
We make a living by what we get, but<br />
we make a life by what we give.<br />
~Winston Churchill<br />
I think a lot of lawyers get that message.<br />
We sit on community boards. We take<br />
pro bono clients. We bag groceries,<br />
staff bingos, serve soup and push<br />
brooms. We organize rallies, provide<br />
legal information, and run, walk and<br />
bike for cures. Sometimes our volunteer<br />
work is all work for no pay and<br />
sometimes, if we're lucky, it's about joy.<br />
(CONTINUED ON PAGE 6)<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 5
...IT’S ABOUT THE JOY | MARGO NIGHTINGALE<br />
(CONTINUED FROM PAGE 5)<br />
The purpose of life is not to be happy - but to<br />
matter, to be productive, to be useful, to have it<br />
make some difference that you have lived at all.<br />
~Leo Rosten<br />
So why should volunteering be about joy?<br />
Our professional functions are often bleak and<br />
stressful. We work with people in the midst of a<br />
crisis, or we help people avoid a crisis by imagining<br />
first what terrible things could happen, or we<br />
wade in after a crisis has hit but the wreckage remains<br />
in desperate need of attention. This can be<br />
rewarding and intellectually challenging, but it's<br />
not something that often makes us feel joy. And<br />
without a healthy joy quotient in life, it's no wonder<br />
some of us are driven to drink.<br />
I do, see, hear and think things that don't arise in<br />
my day job. I've learned new skills, made great<br />
friends, and developed tight connections to the<br />
community through volunteering. I've built a<br />
stronger network of colleagues (which as a sole<br />
practitioner has been invaluable) while supporting<br />
the law society's important work. As a chorister,<br />
previous board member and now conductor<br />
for Aurora Chorealis, I have fed my love of<br />
music while learning new ways to make it. In<br />
both, I've had the chance to problem solve, do<br />
new things and be creative. With the choir, I've<br />
been lucky to turn a hobby into a volunteer opportunity<br />
and luckier still to find that it brings<br />
me joy.<br />
Volunteering isn't all about the fun stuff, but there<br />
should be some part that makes you feel good doing<br />
it. Join a Law Society or CBA committee<br />
(or both), or join a community organization or<br />
cause you support.<br />
Find some joy.<br />
Volunteer.<br />
If you think you are too small to be effective,<br />
you have never been in bed with a mosquito.<br />
~Betty Reese<br />
Although we chose our profession, we can't always<br />
choose our work. For me, volunteering is different.<br />
I'm in it because I want to be and I stay in it<br />
because it feeds a part of me.<br />
6 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
THE DIRECTOR’S CHAIR<br />
I<br />
t’s that time again - Volunteer signup.<br />
Federation Meetings, AGM preparations<br />
and the approaching year end. If you are a<br />
Committee Chair - your reports for the AGM<br />
on December 7 th are due Nov. 10th!<br />
Federation of Law Societies’<br />
Conference<br />
St. John’s NL was the site of the<br />
most recent Federation of Law<br />
Societies Conference. President<br />
Caroline Wawzonek, Vice-<br />
President Karen Wilford and I<br />
attended along with Sheila<br />
MacPherson, our FLSC Council<br />
Member.<br />
In addition to the<br />
“conference” portion of the<br />
gathering, it was an opportunity<br />
for the Northern jurisdictions to<br />
meet to discuss items of<br />
common interest or concern; the various<br />
counterpart groups to meet; and, the FLSC<br />
Council to take care of business.<br />
Mobility Agreement updated to include<br />
those trained in the civil law tradition<br />
Linda G. Whitford<br />
Aside from the great hospitality of the Law<br />
Society of Newfoundland and Labrador and<br />
a chance to catch up with colleagues from<br />
across the country, the highlight of the<br />
conference was the signing of an agreement<br />
that allows Canadian lawyers easier mobility<br />
across all provincial jurisdictions regardless<br />
of whether they are trained in the Canadian<br />
common law or civil law tradition. A similar<br />
agreement that would extend mobility<br />
arrangements between Quebec and the three<br />
law societies in the northern<br />
territories is expected to be<br />
concluded in 2014, once the<br />
Territorial Mobility Agreement<br />
is amended and ratified.<br />
Currently, those with Civil Law<br />
Degrees can apply for the<br />
Canadian Legal Advisor status.<br />
Once the new agreement is in<br />
place, they will be members, but<br />
like all other members, only able<br />
to practice in those areas their<br />
training provides.<br />
Regulation of law firms in the future?<br />
Legal regulation dominated the discussions<br />
of the conference as participants looked at the<br />
challenges facing law societies and<br />
considered whether or not the current<br />
regulatory model is adequate for the legal<br />
marketplace of the future and what we could<br />
learn from our international colleagues. It<br />
was interesting, and I was particularly<br />
intrigued by Adam Dodek’s presentation<br />
(CONTINUED ON PAGE 8)<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 7
...THE DIRECTOR’S CHAIR<br />
(CONTINUED FROM PAGE 7)<br />
“Why Aren’t Legal Entities Being<br />
Regulated?” Interested… you can read all<br />
about it in his paper, Regulating Law Firms<br />
in Canada.<br />
Marie-Claude is also Past President of the<br />
Law Society of New Brunswick, and a Past<br />
President of the Young Lawyers' Association<br />
of the Canadian Bar Association, New<br />
Brunswick Branch.<br />
New FLSC President<br />
The meeting was also the last to be chaired<br />
by Bâtonnier Gérald R. Tremblay, C.M., O.Q.,<br />
Q.C., Ad.E, whose term as President of the<br />
FLSC ends November 15 th , 2013. Originally,<br />
he was to be succeeded by Thomas Conway,<br />
but his term has been deferred for a year<br />
given his current position as Treasurer of the<br />
Law Society of Upper Canada. In the<br />
interim, the helm of the FLSC will be in the<br />
very capable hands of Marie-Claude Bélanger<br />
-Richard, QC, from Moncton, New<br />
Brunswick.<br />
Marie-Claude was appointed a Council<br />
member by the Law Society of New<br />
Brunswick in November 2009. She is a<br />
partner in the firm Stewart McKelvey in<br />
Moncton where she practices civil litigation,<br />
insurance and family law. She obtained a<br />
Bachelor of Laws from the University of<br />
Moncton in 1985 and was called to the Bar of<br />
New Brunswick the following year. She was<br />
appointed Queen’s Counsel in 2003.<br />
Giving back<br />
On the local front - it won’t take you long to<br />
realize that the theme running through this<br />
edition of the Obiter is all about giving back.<br />
Volunteers are not only a key and valued<br />
component of the Society, but our<br />
community as well. Attend any event and<br />
you will find volunteers. I am appreciative of<br />
those who, no matter how busy, take the time<br />
to make a difference. They are the unsung<br />
heroes of our community - making a<br />
difference for all of us. Once retired, it is my<br />
goal to step up to the plate and do more of it<br />
myself.<br />
Many of our members do good things<br />
outside of their professional responsibilities.<br />
While not all get known, one of them was<br />
recognized this week as the Honourable<br />
Jackson Lafferty, Minister of Education,<br />
Culture and Employment, recognized the<br />
tremendous contributions that people across<br />
the territory have made in the preservation<br />
(CONTINUED ON PAGE 9)<br />
8 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
...THE DIRECTOR’S CHAIR<br />
and promotion of culture and heritage in the<br />
Northwest Territories. Margo Nightingale<br />
accepted the Minister’s Choice Award on behalf<br />
of the Choral Society for sharing their passion<br />
for choral music in their community and<br />
Territory. This is not the first time Margo has<br />
been recognized. In 2009 the NWT Branch of<br />
the Canadian Bar Association presented her<br />
with the Community Service Award. When<br />
notified of that recognition, she commented<br />
that she was gobsmacked and added that “I<br />
haven’t lived the life of Mother Theresa or<br />
raised $100K for charity, so I’m feeling a little<br />
weird about being awarded for the time I’ve<br />
spent doing something that I love. I guess<br />
that’s the sign of doing the right volunteer<br />
work - no additional recognition is required to<br />
bring satisfaction and joy.” Margo is also a<br />
member of the Law Society Executive<br />
Committee, serving as Secretary. She was<br />
recently acclaimed along with Michael<br />
Woodward and Shannon Cumming for an<br />
additional 2-year term.<br />
A tale of quiet heroism<br />
This next bit will not be news to those of you<br />
who delve into the realm of social media and<br />
are my “friends” on facebook, but it does fit<br />
with our “giving back” / “paying it forward” /<br />
“making a difference” theme. On Sunday,<br />
November 2 nd , 2008, I was at the office trying<br />
to get things done before heading off to<br />
Canmore and our daughter’s wedding.<br />
Having previously arranged with Marc<br />
(husband of 41 years for those who don’t<br />
know) to pick me up at a certain time, I was a<br />
little po’d to see him coming early. That<br />
quickly dissipated when I realized he was<br />
soaking wet. The story that unfolded, Close<br />
Call as Vehicle Sinks at Sand Pits, tells it all and<br />
as a result, two people were very thankful to<br />
be alive after a stranger came to their aid as<br />
their vehicle was sinking into deep water.<br />
Many years earlier, another rescue took place<br />
on Prelude Lake when Mr. Barnett came to the<br />
aid of a young woman who found herself “out<br />
of the canoe” and could not get back in. Marc<br />
walked that beautiful young woman down the<br />
aisle 6 days after the sand pit rescue. Did I<br />
mention how proud his family is of him?<br />
And with that, until next time when there will<br />
be much to report...be safe, be well, be happy!!<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 9
FINANCIAL MATTERS<br />
Over $8.8 Million to be refunded to CBIA customers!<br />
The CBIA is excited to announce that, as a result of better<br />
than anticipated financial performance, in October 2013,<br />
CBIA Business Overhead Expense and Term Life certificate<br />
owners will share in over $8.8 million through a premium<br />
refund.<br />
Qualifying Business Overhead Expense certificate owners<br />
will receive a cheque in an amount equal to 100% of their<br />
2012 paid premiums.<br />
Qualifying Term Life certificate owners will receive a cheque<br />
in an amount equal to more than 32% of their 2012 paid premiums<br />
on combined face amounts of $1,500,000 or less per<br />
life insured.<br />
The CBIA helps members of the Canadian legal profession<br />
buy high-quality insurance at the lowest possible cost. This<br />
is achieved through a combination of group buying power<br />
and our no-profit, breakeven pricing goal. If better than anticipated<br />
plan performance results in a financial position<br />
that exceeds the long-term requirements of an insurance<br />
program, we return this money to our customers. Such is the<br />
case with the over $8.8 million now being refunded to most<br />
Term Life and Business Overhead Expense insurance customers.<br />
Although we cannot guarantee future results, over the last<br />
15 years better than anticipated plan performance has resulted<br />
in over $53 million being returned to CBIA customers<br />
through reduced rates, contractual improvements and refunded<br />
premiums.<br />
Choosing the Right Bank for Your Trust Accounts<br />
If you’re in private practice and do more than legal aid<br />
work, you’ve got a trust account. Any interest that the account<br />
generates is to be paid, by law, to the NWT Law Foundation<br />
semi-annually under the Legal Profession Act, s. 57(2).<br />
Not all trust accounts are equal, however, so it bears taking a<br />
few minutes to assess what your bank is doing for you, and<br />
whether or not you could be doing a better job generating<br />
interest on those trust monies.<br />
It is the lawyer’s obligation to instruct their bank to remit<br />
any interest earned on the trust monies to the Law Foundation<br />
every six months. Every year during the audit process,<br />
we discover a few lawyers who have been receiving the interest<br />
back into the trust account, which is verboten under<br />
the Act. Please review your bank statements carefully in order<br />
to be sure the interest is not going back into the account,<br />
and check with the bank periodically to make sure the interest<br />
is actually being paid to the Law Foundation.<br />
Currently, the five banks operating in the NWT have<br />
slightly different rates of return—ScotiaBank is offering<br />
prime less 3%, effectively zero interest. The other four—<br />
Bank of Montreal, CIBC, Royal Bank and TD—are all offering<br />
0.25%. When dealing with your bank, please insist on<br />
getting the highest return possible—low interest has a direct<br />
effect on the work the Law Foundation can support year to<br />
year.<br />
We rely on your diligence, so please take a couple of minutes<br />
to make sure your part of the system is working the<br />
way it is supposed to. Students and community groups<br />
thank you for your efforts.<br />
RULES REFRESHER:<br />
#113 A member shall only pay an amount out of a clients trust account by cheque bearing the signature or<br />
countersignature of the member or of another member that he or she has designated as a signing<br />
authority.<br />
10 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
SARAH ARNGNA'NAAQ<br />
LAWYER. SEARCH & RESCUER.<br />
ust starting my career out in the legal field I have been trying to remain very aware of maintaining a healthy work-life<br />
J<br />
balance.<br />
From the first day of law school on people have been telling me that law can easily consume my<br />
life and while I find it admirable that some people choose to follow that path, I know it is not for<br />
me. To my mind there are far too many good things out there in life to be able to justify making<br />
mine entirely about one or two activities.<br />
At the moment my time is mostly split between my office, caring for my dog, working as a paid-on-call fire fighter, and<br />
staying physically active. That being said I do try to fit in some time with the SPCA, NACC, and a few other “one off”<br />
volunteer activities. I am also a member of the Yellowknife Search and Rescue group, though (fortunately) those services<br />
have not been needed much in my year with that organization. Throw in a few social activities and my schedule is dotted<br />
with activities that keep me pretty occupied.<br />
(CONTINUED ON PAGE 12)<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 11
...IT’S ABOUT BALANCE | SARAH ARNGNA'NAAQ<br />
(CONTINUED FROM PAGE 11)<br />
I do have dreams of becoming involved with the John Howard Society and the adult or youth drop-in centres but<br />
those have been put on a back burner for the moment while I try to get the hang of balancing a new legal career, fire<br />
fighting and some time at home. I have found that my level of involvement in volunteer activities has tended to fluctuate<br />
over the years. At times I will be involved in anything and everything possible, and at other times while the<br />
desire to participate remains , life just gets in the way. It seems I’m on a constant search for the right balance between<br />
professional, personal and social opportunities. While I haven’t quite found that fit yet I’m sure it is out there<br />
somewhere.<br />
There is quite a list of reasons to be involved in volunteer activities and I’m sure those reasons vary from person to<br />
person. I personally like to try and stay involved with the community around me; keeping my time filled with a<br />
range of activities that involve other people from all walks of life is important to me. I am also always interested in<br />
learning new and interesting things, whether it’s how to be fire safe, how to use a compass and read a map, or how<br />
to play a new sport.<br />
One of the great things about Yellowknife is you really get to know the faces from around town, too. We live in a<br />
small but rich community and staying involved in volunteer activities helps to develop and maintain relationships<br />
across professional and other common social barriers. Volunteering is a great way to keep involved in and give back<br />
to a community that offers so much. It also helps ensure we keep a healthy balance between the office and life outside<br />
of work.<br />
CBA Running Team raises over $900 for Run For Our Lives<br />
Hat tip to:<br />
Dana Webster<br />
Magnolia Unka<br />
Laura Jeffery<br />
Karin Taylor<br />
Sandra MacKenzie<br />
Cecila Bastedo<br />
12 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
Editor’s Desk<br />
France Benoit’s ode to Yellowknife, the Art of Giving, was probably as close as we<br />
come to a community love-in. 17 short films shown at NACC, and now available<br />
online, sensitively document a range of generous acts by volunteers, and by the time<br />
the films concluded I can’t imagine anyone was left without a heightened respect and<br />
gratitude for the individuals who give of themselves in such quiet ways. From washing<br />
feet at the Salvation Army to collecting and distributing food, these are the generative<br />
acts that create perhaps the best of Yellowknife’s social fabric: caring for one another in<br />
ways that matter.<br />
Many of the members of LSNT give of themselves to both the legal and the wider community.<br />
This issue of the Arctic Obiter spotlights three: Margo Nightingale, Sara Sarah<br />
Arngna'naaq and Paul Falvo.<br />
If you are looking for ways to involve yourself in the community, the Law Society welcomes more committee members—you<br />
can complete the application form here. But there are all kinds of other opportunities to volunteer as<br />
well. As Margo points out, it’s all about the joy. So why not consider what brings you joy, and go from there?<br />
WELCOME NEW MEMBERS<br />
The Law Society welcomes its new calls in September<br />
and October<br />
ADAM VIVIAN<br />
MCLENNAN ROSS, LLP· YELLOWKNIFE<br />
BRENT WINDWICK<br />
FIELD LLP · EDMONTON<br />
JOHN OLYNYK<br />
LAWSON LUNDELL LLP · CALGARY<br />
KENNETH HALUSCHAK<br />
BRYAN & COMPANY · EDMONTON<br />
Speaking of new,<br />
Congratulations to<br />
Don Large,<br />
proud grandfather of<br />
Talbot Smith,<br />
born Sunday, Oct. 6th!<br />
PAUL PARSONS<br />
PAUL PARSONS PERSONAL LAW CORP. · VICTORIA<br />
SARAH ARNGNA’NAAQ<br />
JUSTICE CANADA · YELLOWKNIFE<br />
TANIA MONTEIRO<br />
PUBLIC PROSECUTION SERVICE OF CANADA · YELLOWKNIFE<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 13
PAUL FALVO,<br />
LAWYER. FIRE FIGHTER.<br />
L<br />
ife without volunteering is hard to imagine.<br />
I’ve been doing it for years; and, as the cliché goes, I get more out of it than I put in. There are<br />
discontent, “lost” people out there.<br />
Volunteering gives a sense of purpose.<br />
It brings happiness to both the volunteer and the recipients.<br />
For five years, I’ve been a member of the Rotary Club. I think of Rotary as the “volunteer mafia.”<br />
Rotary International has 1.2 million members worldwide. It was started by lawyer Paul Harris<br />
(CONTINUED ON PAGE 15)<br />
14 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
… ITS ABOUT THE SENSE OF PURPOSE | PAUL FALVO<br />
more than a century ago; our current international<br />
president is another lawyer. You name<br />
it: If it’s something good, a Rotarian somewhere<br />
in the world is doing it. There are<br />
even e-Clubs now, so anyone with internet<br />
can get involved, from anywhere (ask me<br />
how!)<br />
Litter pick-ups, fund raising walks. Volunteering<br />
in the community keeps me off the<br />
couch. I try to involve my daughter when I<br />
can. Volunteering teacher our children not to<br />
be selfish: They learn that there are other people<br />
out there with needs.<br />
Firefighting takes up most of my volunteer<br />
time right now. Some weeks, it’s like having<br />
a part time job. But, it’s something I wanted<br />
to do since I was a kid. It’s exciting. As lawyers,<br />
we have sedentary jobs. Firefighting is<br />
an opportunity to do something active. Sitting<br />
in my office, I am fifteen minutes away<br />
from being inside a burning building.<br />
As a part time “paid on call,” I am usually<br />
“back up.” But, in a large incident or multiple<br />
simultaneous incidents, I could end up doing<br />
almost anything. It’s worthwhile. You never<br />
know when someone you care about could be<br />
inside that house on fire, that overturned motor<br />
vehicle, or the airplane with a landing<br />
gear failure. Besides, who doesn’t enjoy driving<br />
fast downtown with flashing lights!<br />
The Girls Need Camps Foundation (GNCF)<br />
is a new CRA designated charitable foundation<br />
based in Yellowknife, NT. The purpose<br />
of the GNCF is to fundraise to support repairs<br />
of existing infrastructure or construction<br />
of new infrastructure owned or operated<br />
by other girl- and camping-focused charitable<br />
organizations (CRA qualified donees) in the<br />
Northwest Territories.<br />
Existing charities such as (but not limited to)<br />
Girl Guides of Canada, Camp Connections<br />
(Foster Family Coalition of the NWT) and the<br />
YWCA operate in the NWT. They run camps<br />
and programs for girls and young women<br />
and have facilities in the NWT that are necessary<br />
to support their camp-related programming.<br />
However, many of these facilities are<br />
old, run-down and in need of major repairs.<br />
Fundraising for these capital expenditures<br />
can be a daunting task for organizations<br />
whose main focus is on finding the resources<br />
(financial and human) to deliver on day-today<br />
programming.<br />
The Girls Need Camps Foundation was created<br />
to take on the task of fundraising for facilities<br />
(new or repairs to existing) that support<br />
the work of other registered societies<br />
and charities that carry out the programming<br />
that GNCF promotes. Examples of the programming<br />
we are encouraging and trying to<br />
support includes topics or skills such as<br />
camping, survival, independence, selfesteem,<br />
team building, leadership and com-<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 15
(CONTINUED FROM PAGE 15)<br />
ing of age. Examples of facilities may include<br />
cabins, tent platforms, picnic tables, or outhouses<br />
(long-term infrastructure or capital improvements).<br />
It does not include tents, groceries<br />
or other short-term or consumable camping<br />
supplies.<br />
We want to ease the stress and burden of fundraising<br />
for capital improvements to camp facilities<br />
from these like-minded organizations.<br />
Girls Need Camps is taking a targeted approach<br />
to fundraising for camp facilities for all girlrelated<br />
camps, so other organizations can focus<br />
their efforts on program delivery and maintenance<br />
of their facilities. We will also promote<br />
the benefits of camps to girls and young<br />
women, encouraging them to participate, and<br />
encouraging women in the community to get<br />
involved as mentors. Girls Need Camp volunteers<br />
will also help other organizations increase<br />
their camp and outdoor-related programming<br />
by providing expertise and volunteer time to get<br />
new programs started or improving existing<br />
programs.<br />
The camping facilities are very important to the<br />
programming that these organizations provide<br />
to girls and I want others to love going there as<br />
much as I did. The goal is to raise $1 million<br />
dollars through donations and fundraising<br />
events and activities. That’s right. I said one<br />
million! :-) Building in the north, especially<br />
outside of town, is not a cheap process and we<br />
want to make sure these camps are suited for<br />
the needs of the organizations now, and well<br />
into the future. There’s no sense dreaming<br />
small, right?? We can do it NWT!<br />
Jennie Rausch, President<br />
Girls Need Camps Foundation<br />
Mailing Address:<br />
5060 Forrest Drive<br />
Yellowknife, NT X1A 2B2<br />
Email: girlsneedcampsNWT@gmail.com<br />
Phone: 867-444-9753<br />
News<br />
Events<br />
Publications<br />
www.lawsociety.nt.ca<br />
It’s all online.<br />
16 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
FEDERATION OF LAW SOCIETIES OF CANADA NEWS<br />
New National Mobility Agreement bridges common law and<br />
civil law traditions<br />
common and civil law, than there are<br />
differences.”<br />
National mobility is at the heart of several<br />
national standards initiatives undertaken by the<br />
Federation of Law Societies of Canada on behalf<br />
of the law societies, including in the areas of<br />
admission to the profession, discipline and<br />
professional ethics.<br />
An agreement that allows Canadian lawyers<br />
easier mobility across all provincial jurisdictions<br />
regardless of whether they are trained in the<br />
Canadian common law or civil law tradition,<br />
has been signed by all provincial law societies.<br />
Representatives from each provincial regulator<br />
signed the agreement during the Annual<br />
Conference of the Federation of Law Societies of<br />
Canada, held October 17-19, 2013 in St. John’s<br />
Newfoundland and Labrador.<br />
President of the Federation, Gérald R.Tremblay,<br />
Q.C., told those attending the signing ceremony<br />
that the new mobility agreement was a form of<br />
declaration of something that had been known<br />
for so long by so many in the profession - “there<br />
are more similarities in legal training and in<br />
daily practice in Canada’s two legal traditions of<br />
“You might ask why national mobility is so<br />
important today” Mr. Tremblay added. “The<br />
very essence of Canada is on display in a way<br />
that has never been seen before. Tonight, we<br />
formally join hands across two great legal<br />
traditions that are at the foundation of Canada’s<br />
system of justice – the common law and the civil<br />
law traditions. “<br />
The previous mobility arrangement with<br />
Quebec set up in 2010 created a Canadian Legal<br />
Advisor regime which permitted limited<br />
practice rights for lawyers transferring between<br />
Quebec and the other provinces.” That<br />
agreement only allowed transferring members<br />
of the profession to practice in areas of federal<br />
law, the law of their home jurisdiction, and<br />
public international law.<br />
The new agreement removes all such<br />
restrictions and maintains the existing principle<br />
that lawyers only practice in areas of law for<br />
which they are competent to do so. “Especially<br />
with the globalization of markets, it was<br />
important for the law societies of Canada to<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 17
...FEDERATION OF LAW SOCIETIES OF CANADA NEWS<br />
(CONTINUED FROM PAGE 17)<br />
allow lawyers to move freely and practise across Canada without any barriers” the Federation<br />
President told those attending the signing ceremony.<br />
The new National Mobility Agreement was ratified by the provincial law societies following<br />
adoption in principle earlier this year. The terms of the new mobility agreement were first<br />
proposed by the Bâtonnier of Quebec in 2012, Nicolas Plourde. The details of the agreement were<br />
then fully developed by a committee of the Federation after a complete analysis of mobility<br />
issues.<br />
Implementing the new agreement could take up to a year, as each provincial law society<br />
formally adopts the terms and conditions in their by-laws or regulations. In Quebec, the changes<br />
will first require approval of the Office of Professions of Quebec, which oversees all selfregulating<br />
professions in the province, and will require approval from the Quebec government.<br />
Pending implementation, the existing mobility rules remain in force.<br />
What were your key take-aways from the Federation of Law Societies Conference?<br />
Practicing in an isolated jurisdiction makes it all too easy to maintain a narrow focus, but<br />
this is at our peril. The Federation meetings provide a welcome opportunity to see the Law<br />
Society of the NWT in context: part of a profession that is local, national and international in<br />
scope. Acknowledgment of similarities and respect for differences by our peer Law Societies<br />
allows us to participate meaningfully in the FLSC. Global trends may arrive later in the<br />
North, but arrive they do and having the opportunity to be part of the conversation means<br />
that the public interest is better served.<br />
- Karen Wilford, Vice-President, Law Society of the Northwest Territories<br />
CBA-BC INVITES NORTHERN MEMBERS TO JOIN SECTIONS<br />
The British Columbia Branch of the CBA welcomes CBA members in the Northwest Territories to their<br />
Sections. Information on the 72 available sections, including the Women Lawyers Forum, is available on<br />
the CBA-BC website: cba.org/bc<br />
18 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
2014 CBA National Aboriginal Law Conference<br />
Join us in Canada’s Newest Territory<br />
If you’ve ever wanted to journey to the Canadian Arctic, here<br />
is your opportunity.<br />
The 2014 CBA National Aboriginal Law<br />
Conference will be held in the capital of<br />
Canada’s newest territory Iqaluit, Nunavut<br />
from June 19-20.<br />
The theme of the conference is “Nation-Building under Land<br />
Claims Agreements, Treaties and Self-Government<br />
Agreements”.<br />
Join us at this ground-breaking summit, where we will<br />
explore the practical, on-the-ground implications and<br />
challenges of implementing modern land claim agreements,<br />
treaties, and other similar agreements. Through the theme of<br />
Nation-building, we will examine issues such as<br />
environmental and natural resources management,<br />
governance, revenue generation, and social issues. There is<br />
something for everyone, even if your practice doesn’t include<br />
negotiating treaties or Land Claims Agreements.<br />
With the arctic tundra as our backdrop, we will cover a wide<br />
range of topics through a combination of plenary groups and<br />
break-out sessions and share best practices and lessons<br />
learned from leading practitioners and academics from across<br />
Canada.<br />
Some of our topics include:<br />
Overview of land claims agreements, treaties, and similar<br />
agreements<br />
Implementation of Agreements<br />
Case Study of the Nunavut Land Claims Agreement<br />
Social Issues such as health, education, access to justice<br />
Taxation and Revenue Generation<br />
Governance<br />
Land, Water and Natural Resource Management<br />
Mining, Exploration and Natural Resource Development<br />
Lessons to be Learned<br />
For those of you that want to turn your trip into a working<br />
vacation, we are planning many cultural and outdoor<br />
activities, taking advantage of summer solstice and the long<br />
days. Proposed events include an afternoon learning about<br />
traditional Inuit culture, including Qulliq lighting, throat<br />
singing, char-fishing and tasting traditional food. If you are<br />
also looking for opportunities to give back to the people,<br />
communities and land of North, contact us about the many<br />
ways that you can make a contribution.<br />
As our airline sponsor, First Air will offer substantially<br />
reduced fares for conference attendees. We are also actively<br />
seeking sponsorships, both big and small, to help to offset the<br />
cost of the conference and travel expenses.<br />
We look forward to seeing you in Nunavut in 2014!<br />
For more information, please go to<br />
http://www.cba.org/cbapd/aboriginal.aspx.<br />
For more information or to discuss sponsorship opportunities,<br />
please contact Cindy Kieu at (867) 975-6523 or Kathryn Deo at<br />
(250) 298-8178.<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 19
WELCOME TO THE NORTH!<br />
.. A few of those who attended the<br />
annual Welcome Evening Oct. 25th.<br />
Bobbie Keigan<br />
Thuc Anh Tu Pham<br />
Michael Woodward<br />
Alexandre Larouche<br />
Nicholas Leeson<br />
Simone Tielesh<br />
Christopher Buchanan<br />
20 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
CBA ARTICLES OF NOTE<br />
LAW FIRMS: LEAKING INFORMATION<br />
By Pablo Fuchs<br />
Law firms are hubs of confidential information. Are they doing enough to<br />
protect it from prying eyes?<br />
The story features Ontario members Barry Sookman and Ronald Deibert<br />
http://nationalmagazine.ca/Articles/Sept-Oct-2013/Renseignements-soussurveillance.aspx?lang=EN<br />
YOUR PRACTICE: ON GUARD<br />
By Pablo Fuchs<br />
In matters of data security, a firm’s lawyers are often the weakest link<br />
• A rock-solid data-protection plan<br />
• Trends in data protection<br />
• Advice from the experts<br />
The story features two Ontario members: Barry Sookman and Diana Miles<br />
http://nationalmagazine.ca/Articles/Sept-Oct-2013/On-guard.aspx?lang=EN<br />
FEATURES<br />
INTELLECTUAL PROPERTY - THE $500-MILLION DOC-<br />
TRINE<br />
By Marc-André Séguin<br />
Is the so-called ‘promise doctrine’ developed by Canada’s courts tantamount<br />
to wrongful expropriation? Industry seeks clarification on patent validity<br />
tests.<br />
The story features Ontario members Andrew Bernstein and Andrew<br />
Shaughnessy<br />
FROM THE EDITOR: ANOTHER BIG SHIFT<br />
http://www.nationalmagazine.ca/Blog/October-2013/Another-big-shift.aspx?<br />
lang=EN<br />
FROM THE PRESIDENT<br />
Putting clients back at the centre of the legal system<br />
http://nationalmagazine.ca/Articles/Sept-Oct-2013/The-$500-milliondoctrine.aspx?lang=EN<br />
http://nationalmagazine.ca/Blog/September-2013/A-functioning-justicesystem.aspx?lang=EN<br />
OUT OF OFFICE<br />
Lawyers can’t work all the time. Here’s a guide to music, books, movies and<br />
travel destinations for when it’s time to dial it down.<br />
Read the profile on Kelly Harris of Ontario<br />
http://nationalmagazine.ca/Articles/Sept-Oct-2013/Out-of-office.aspx?<br />
lang=EN<br />
INNOVATION IN A LEGAL PRACTICE<br />
HTTP://NATIONALMAGAZINE.CA/ARTICLES/SEPT-OCT-2013/<br />
INNOVATION-IN-A-LEGAL-PRACTICE.ASPX?LANG=EN<br />
PICTURING THE FUTURE<br />
A letter to the Editor<br />
http://stage-na.cba.org/Articles/Sept-Oct-2013/Picturing-the-future.aspx<br />
AWARD WINNERS<br />
Winners hail from Vancouver, Ottawa, Montreal, Toronto, Edmonton, Hamilton,<br />
Dartmouth, Regina, Calgary, Saskatoon, and Halifax<br />
http://nationalmagazine.ca/Articles/Sept-Oct-2013/Recognizing-Excellence-<br />
2013.aspx?lang=EN<br />
NOT QUITE CONTEMPT: THE SILENT WIFE.<br />
By Douglas Mah<br />
http://nationalmagazine.ca/Articles/Sept-Oct-2013/The-Silent-Wife.aspx?<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 21
NWT DECISION DIGEST<br />
SUPREME COURT<br />
* correction – in the last issue the<br />
citation for Werner v Hay River<br />
Mobile Home Park was incorrectly<br />
indicated as 2013 NWTCA 3. The<br />
correct citation is 2013 NWTCA 4<br />
FAMILY LAW – CHILD SUPPORT<br />
– SPECIAL EXPENSES<br />
McInnes v Hamilton<br />
2013 NWTSC 58 (Aug. 20, 2013)<br />
Presiding: Justice L.A. Charbonneau<br />
For the Designated Authority: K. Simpson<br />
For the Respondent: Not represented<br />
The applicant mother sought a<br />
variation of a child support order<br />
made in Alberta in 2000.<br />
She<br />
sought an increase to reflect the<br />
father’s increased income and an<br />
order requiring he pay a<br />
proportionate share of special<br />
expenses. The respondent<br />
opposed only the claim for special<br />
expenses.<br />
Maureen McGuire<br />
Alberta Justice<br />
Edmonton<br />
Application for special expenses<br />
dismissed – An applicant seeking<br />
special expenses bears the burden<br />
of establishing that the expense is<br />
both necessary and reasonable.<br />
The evidence on this application<br />
was insufficient.<br />
~<br />
CRIMINAL LAW – SENTENCING<br />
– REQUIREMENT OF GLADUE<br />
REPORT<br />
R v Gruben<br />
2013 NWTSC 59 (AUG 15, 2013)<br />
Presiding: Justice Germain<br />
For the Crown: B. Demone<br />
For the Defendant: T. Boyd<br />
Joint submission accepted and<br />
s e n t e n c e o f 1 4 m o n t h s ’<br />
imprisonment imposed for assault<br />
causing bodily harm – The<br />
offender was originally charged<br />
with aggravated assault but<br />
entered a plea to the lesser<br />
included offence following the<br />
completion of evidence in his jury<br />
trial for that charge and prior to<br />
verdict.<br />
The offender was an<br />
Aboriginal man. No Ipeelee-Gladue<br />
type report was prepared. There is<br />
no absolute requirement for such a<br />
report.<br />
If a written report were<br />
required in every case the system<br />
would quickly become constipated<br />
and people would be prejudiced<br />
by delay.<br />
~<br />
FAMILY LAW – CHILD SUPPORT<br />
– RESCINDING ARREARS<br />
Biggin v Censner<br />
2013 NWTSC 61 (Aug 29, 2013<br />
Presiding: Justice K. Shaner<br />
For the Applicant: K. Allison<br />
For the Respondent: Not represented<br />
The applicant was ordered in 1990<br />
to pay<br />
support of $250/child.<br />
Arrears began to accumulate<br />
shortly thereafter. An application<br />
to rescind arrears in 1996 was<br />
dismissed.<br />
Application dismissed – Child<br />
support is not an ordinary<br />
financial obligation. The applicant<br />
has not demonstrated that there<br />
were special circumstances which<br />
prevented him from paying<br />
support in the past, or that the<br />
amount of support he was ordered<br />
to pay should have been reduced.<br />
No explanation was offered as to<br />
what efforts the applicant made to<br />
discharge his support obligations.<br />
The applicant is not currently<br />
without assets or income. He has<br />
not shown that he cannot now, nor<br />
will he in future, be able to pay the<br />
arrears.<br />
~<br />
FAMILY LAW – CUSTODY AND<br />
ACCESS<br />
Lacoursiere v Penk<br />
2013 NWTSC 62 (Sept 3, 2013),Presiding: Justice<br />
Charbonneau<br />
For Applicant: M. Nightingale<br />
For the children: K. Wilford<br />
Respondent not represented y counsel<br />
A previous order provided the<br />
respondent have Skype access for a<br />
minimum of one hour per week at<br />
a time mutually agreed on by the<br />
22 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
NWT DECISION DIGEST CONT’D<br />
parties. This type of flexible<br />
conditions works well when there<br />
is not a lot of tension between the<br />
parties. In this case, the children<br />
will benefit from predictability in<br />
the Skype access they will have<br />
with their father and the parties<br />
will benefit from a fixed schedule,<br />
not having to be in contact to<br />
arrange it. Limiting contact<br />
between the parties is in the best<br />
interests of the children.<br />
The parties’ wishes for the<br />
Christmas holidays conflicted. The<br />
respondent was granted access<br />
immediately before the holiday<br />
season for 2013. The applicant<br />
cannot expect that her preferences<br />
and plans for the holiday season<br />
will prevail year after year. It is<br />
expected that the father will seek<br />
to have Christmas next year.<br />
~<br />
CRIMINAL PROCEDURE –<br />
APPOINTMENT OF COUNSEL<br />
TO CROSS-EXAMINE<br />
COMPLAINANT<br />
R v Avadluk<br />
2013 NWTSC 63 (Sept 11 , 2013)<br />
Presiding: Justice S. Smallwood<br />
For the Applicant: W. Miller<br />
For the Respondent: not represented by counsel<br />
Application allowed – It is difficult<br />
to conceive of a situation where the<br />
Court would not grant the<br />
application in a case of an alleged<br />
sexual assault. The nature of the<br />
offence of sexual assault is such<br />
that permitting the accused to<br />
cross-examine the complainant<br />
will most often raise serious<br />
concerns about the ability of the<br />
witness to provide a full and<br />
candid account if personally crossexamined<br />
by the accused. In this<br />
case, the accused has repeatedly<br />
alleged the complainant is lying<br />
and wants her to tell the truth. His<br />
insistence on cross-examining her<br />
personally is based on his desire to<br />
get her to tell the truth and that his<br />
previous counsel did not ask the<br />
questions he wanted. This<br />
provides insight into the manner in<br />
which he might be expected to<br />
conduct his cross-examination.<br />
The accused’s single-minded focus<br />
on certain issues leaves concern<br />
that he will be unable to conduct<br />
an effective and focussed crossexamination<br />
of the complainant.<br />
~<br />
CRIMINAL LAW – APPEALS –<br />
BURDEN OF PROOF<br />
R v Zieba<br />
2013 NWTSC 64 (Sept 11, 2013)<br />
Presiding: Justice Schuler<br />
For the Appellant: L. Stevens, QC<br />
For the Respondent: M. Johnson<br />
Appeal from conviction for two<br />
counts of assault – The appellant<br />
argued that the trial judge’s<br />
statement commenting on the<br />
complainant’s and accused’s<br />
contradictory versions (“what<br />
actually happened probably lies<br />
somewhere between the two”),<br />
implies the trial judge did not<br />
reject the Appellant’s evidence and<br />
that the Crown evidence did not<br />
meet the criminal standard of<br />
proof.<br />
Appeal allowed and new trial<br />
ordered – The trial judge did not<br />
address a significant contradiction<br />
between Crown witnesses. The<br />
trial judge made no assessment of<br />
the complainant’s credibility, other<br />
than a finding that her evidence<br />
“might not” establish one aspect of<br />
the complaint beyond a reasonable<br />
doubt. It is not clear why, having<br />
rejected her evidence about that<br />
aspect, he accepted her evidence<br />
otherwise. The trial judge was<br />
entitled to believe some, all or<br />
none of the evidence of any<br />
witness. However, when<br />
significant aspects of the testimony<br />
of a witness are rejected, there<br />
should be some credibility analysis<br />
to explain why other aspects of<br />
that same witness’ testimony are<br />
accepted. The trial judge’s remark<br />
about the truth probably lying<br />
somewhere between the two<br />
versions suggests he was trying to<br />
come to a reconciliation of the<br />
versions – what “probably”<br />
happened – instead of determining<br />
whether the Crown had proved<br />
the case beyond a reasonable<br />
doubt.<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 23
NWT DECISION DIGEST CONT’D<br />
CRIMINAL PROCEDURE – TRIAL<br />
WITHIN A REASONABLE TIME<br />
R v Caesar<br />
2013 NWTSC 65 (Sept 10, 2013)<br />
Presiding: Justice Shaner<br />
For the Crown: A. Godfrey<br />
For the Defendant: M. Martin<br />
The defendant sought a stay of<br />
proceedings on the basis that his<br />
right to be tried within a<br />
reasonable time had been violated.<br />
39 months elapsed since the<br />
information was sworn. Neither<br />
the inherent time requirements nor<br />
the actions of the Crown<br />
contributed significantly to the<br />
delay. The actions of the<br />
defendant and the institutional<br />
delay account for the lion’s share<br />
of time. The defendant’s actions<br />
were the cause of 13.5 months.<br />
Application dismissed – Although<br />
institutional delay (22 months)<br />
accounts for most of the delay in<br />
this case, it is not unreasonable in<br />
the circumstances. There is a<br />
practice of trying cases in the NWT<br />
where the offence is alleged to<br />
have occurred. This serves a<br />
number of very good purposes:<br />
avoids witness travel; allows<br />
people to see the justice system at<br />
work in their communities;<br />
provides opportunities for a wide<br />
array of individuals to sit as jurors<br />
and participate directly in the<br />
justice system; allows an accused a<br />
jury panel that is more likely to be<br />
representative of that person’s<br />
community and culture.<br />
This<br />
p r a c t i c e i s n o t w i t h o u t<br />
consequences, however.<br />
Among<br />
these is the possibility of a longer<br />
wait for a trial than would be<br />
experienced elsewhere or a longer<br />
wait than one would experience<br />
upon electing to be tried by judge<br />
alone.<br />
The realities of smaller<br />
communities mean a possibility of<br />
mistrial, as happened here, causing<br />
delay. Given all of the<br />
circumstances under which this<br />
court operates, the institutional<br />
delay in this case is not, in and of<br />
itself, unreasonable.<br />
The options<br />
are limited and the delay is<br />
explained. There is no basis for a<br />
finding the defendant suffered any<br />
prejudice as a result of the time it<br />
has taken to get this matter to trial.<br />
TERRITORIAL<br />
COURT<br />
CRIMINAL LAW –<br />
REASONABLE DOUBT<br />
R v Football<br />
2013 NWTTC 17 (Aug 20, 2013)<br />
Presiding: Chief Judge R.D. Gorin<br />
For the Crown: J. Porter<br />
For the Defendant: P. Fulglsang<br />
The defendant was alleged to have<br />
assaulted the complainant causing<br />
a cut on her face, and having<br />
breached his recognizance by<br />
failing to keep the peace and be of<br />
good behaviour and by having<br />
contact with the complainant. The<br />
complainant testified she went to<br />
the defendant’s residence against<br />
his wishes. There she fought with<br />
another woman. The defendant<br />
intervened and threw the<br />
complainant out of the residence.<br />
The complainant then, while<br />
intoxicated and jealous, made a<br />
false statement to the police<br />
accusing the defendant of assault.<br />
The complainant’s contrary<br />
videotaped statement given under<br />
oath to police was admitted into<br />
evidence for the truth of its<br />
contents. The Crown called the<br />
woman who, according to the<br />
complainant’s testimony, was<br />
responsible for the injuries. That<br />
woman gave evidence inconsistent<br />
with the complainant’s trial<br />
testimony.<br />
Defendant acquitted – The<br />
contradictions between the<br />
complainant’s testimony and her<br />
statement are such that it is clear<br />
she lied under oath either in her<br />
statement to the police or in her<br />
testimony in court. Her credibility<br />
was thoroughly impeached.<br />
Anything she says cannot be relied<br />
24 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
NWT DECISION DIGEST CONT’D<br />
W h i l e t h e r e w a s s o m e<br />
corroborative evidence it was not<br />
strongly corroborative. There is a<br />
very real danger that when the<br />
complainant gave her statement<br />
she incorporated certain details<br />
that were accurate but nonetheless<br />
lied about the assault.<br />
CRIMINAL PROCEDURE –<br />
CHARTER OF RIGHTS – SEARCH<br />
WARRANTS<br />
R v Kenny<br />
2013 NWTTC 18 (Aug 26, 2013)<br />
Presiding: Justice Schmalz<br />
For the Crown: B. Machperson<br />
For the Defendant: P. Harte<br />
The drug charges against the<br />
defendant depended on the<br />
admissibility of evidence obtained<br />
pursuant to a search warrant. The<br />
information to obtain the warrant<br />
contained information from two<br />
confidential informants. The first<br />
source was not demonstrated to be<br />
reliable and the information<br />
provided was uncorroborated.<br />
The second source has proven<br />
reliable in the past. However there<br />
was no indication that source had<br />
personal knowledge that the<br />
defendant sold marijuana from his<br />
residence.<br />
The evidence was excluded – The<br />
way information was presented in<br />
the information to obtain led to<br />
suspicion that it may be<br />
misleading. The confidential<br />
informant information is not<br />
compelling. The only other police<br />
investigation was confirmation<br />
that the defendant lived at the<br />
specified residence, which is<br />
common knowledge in the<br />
community. At best, the<br />
information to obtain amounts to<br />
suspicion.<br />
~<br />
CRIMINAL LAW – IDENTITY<br />
R v Beck<br />
2013 NWTTC 19 (Sept 4, 2013)<br />
Presiding: Justice Malakoe<br />
For the Crown: J.S. Bond<br />
For the Defendant: C. Davison<br />
An armed robbery was committed<br />
by two men – one carrying a<br />
handgun and the other a stick. A<br />
Crown witness testified he was the<br />
man with the handgun and<br />
identified the defendant as the<br />
man with the stick. An eyewitness<br />
recognized the defendant but was<br />
not able to identify him in the<br />
courtroom or in a photo line-up.<br />
Another eyewitness did not<br />
recognize either robber, although<br />
he had met the defendant once and<br />
recognized him in the courtroom<br />
when he testified. There were<br />
some significant difference in the<br />
recollection and perception of the<br />
two eyewitnesses.<br />
Defendant convicted of breaking<br />
and entering and committing<br />
robbery – While the accomplice<br />
evidence must be treated with<br />
caution, it is confirmed in part by<br />
other evidence. In the context of<br />
the other evidence, the evidence of<br />
the accomplice was believed.<br />
~<br />
CRIMINAL PROCEDURE –<br />
FAILURE OF CROWN TO ELECT<br />
– YOUTH CRIMINAL JUSTICE<br />
ACT<br />
R v DD<br />
2013 NWTTC 20 (Sept 4, 2013)<br />
Presiding: Justice Malakoe<br />
For the Crown: J.S. Bond<br />
For the Defendant: C. Davison<br />
The Crown failed to make an<br />
election with respect to a hybrid<br />
charge prior to the young person’s<br />
conviction. Prior to sentencing, the<br />
court was required to determine<br />
whether, as a result, the offence is<br />
deemed to be summary or<br />
indictable.<br />
Offence deemed to be indictable –<br />
Section 34 of the Interpretation Act<br />
deems all hybrid offences to be<br />
indictable. Because an adult<br />
cannot be in Territorial Court for a<br />
trial on an indictable offence unless<br />
he or she has so elected, the<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 25
NWT DECISION DIGEST CONT’D<br />
deeming provision of the Interpretation<br />
Act is required only to the point where<br />
the Crown makes its election. If the<br />
Crown fails to elect, the offence is<br />
deemed to be indictable and the<br />
accused would be put to his election.<br />
If the Crown fails to elect and the<br />
accused does not elect but simply<br />
enters a “not guilty” plea and proceeds<br />
to trial, the courts have deemed the<br />
offence to be a summary conviction<br />
offence. It would be clear the accused<br />
was treating the offence as a summary<br />
conviction offence, defeating the<br />
deeming provision in the Interpretation<br />
Act. Unlike an adult, a young person<br />
normally does not make an election if<br />
the Crown is proceeding by way of<br />
indictment. In this case nothing<br />
indicated by the Crown or defence, nor<br />
any action taken by the Crown or<br />
defence, showed that either the Crown<br />
or defence were treating this offence as<br />
anything other than indictable. The<br />
facts found after trial would attract a<br />
starting point sentence of three years<br />
imprisonment in adult court. There<br />
would be no expectation on these facts<br />
that the Crown would be proceeding<br />
by way of summary conviction. The<br />
YCJA explicitly deals with the Crown’s<br />
failure to make an election in two<br />
situations (for purposes of appeal, and<br />
access to records). The legislatures<br />
chose to carve out those situations<br />
where the deeming provision of the<br />
Interpretation Act should not apply.<br />
Had they chosen to displace the<br />
deeming provision with respect to<br />
other situations, they would have<br />
included provisions in the YCJA to do<br />
so. A hybrid offence in youth court is<br />
deemed indictable until the Crown<br />
elects otherwise, and provided the<br />
Crown does not (a) act in a manner<br />
that would lead the young person to<br />
believe the Crown was proceeding<br />
summarily; or (b) allow the young<br />
person to proceed as if the Crown was<br />
proceeding summarily.<br />
What a Surprise!<br />
Congratulations to Gary Wolf who<br />
proposed to Magnolia Unka at the<br />
President’s Dinner … and received a<br />
very happy Yes! with Supreme Court<br />
of Canada’s Madam Justice<br />
Karakatsanis as a delighted witness, no<br />
less!<br />
26 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
NWT LEGISLATIVE UPDATE<br />
NWT LEGISLATIVE<br />
UPDATE<br />
Kelly McLaughlin<br />
Legislation Division<br />
GNWT Dept. of Justice<br />
COMMISSIONER’S LAND ACT<br />
The Commissioner’s Land Withdrawal (Fort<br />
Resolution) Order, made on September<br />
26, 2013 and registered as R-067-2013,<br />
withdraws approximately 16.4 hectares<br />
of land located within the municipal<br />
boundaries of the Hamlet of Fort Resolution<br />
from disposal under the Commissioner’s<br />
Land Act. The order provides for<br />
its own repeal on August 22, 2018.<br />
COMMUNITY PLANNING AND DE-<br />
VELOPMENT ACT<br />
The Community Planning and Development<br />
Act, S.N.W.T. 2011, c.22 (“CPDA”),<br />
summarized in the July/August 2011<br />
NWT Legislative News, came into force<br />
on October 1, 2013 by order of the Commissioner<br />
registered September 4, 2013<br />
as SI-002-2013. The CPDA, which replaces<br />
the Planning Act, modernizes<br />
processes for community planning and<br />
development and for subdivision of<br />
land. Tåîchô community governments<br />
were initially excluded from the application<br />
of the CPDA. Subsequent amendments<br />
to the CPDA were made by the<br />
Tåîchô Statutes Amendment Act, S.N.W.T.<br />
2013, c.9, so that on coming into force,<br />
the CPDA would apply to all municipal<br />
corporations in the Northwest Territories.<br />
The Community Planning and Development<br />
Regulations were registered on September<br />
4, 2013 as instrument numbered<br />
R-063-2013 and came into force on October<br />
1, 2013. The regulations set out requirements<br />
respecting the submission of<br />
community plans and respecting applications<br />
for approval of proposed subdivisions.<br />
EMPLOYMENT STANDARDS ACT<br />
The Employment Standards Regulations<br />
were amended by regulations made on<br />
September 9, 2013 and registered as R-<br />
064-2013, to set out the circumstances in<br />
which an employee is entitled to take<br />
reservist leave under section 32.1 of the<br />
Employment Standards Act, and to define<br />
“undue hardship” for the purposes of<br />
section 32.2 of that Act.<br />
LAND TITLES ACT<br />
The Land Titles Plans Regulations were<br />
amended by regulations made on August<br />
14, 2013 and registered as R-058-<br />
2013, which came into force on October<br />
1, 2013. These amendments are reflective<br />
of new terminology found in the Community<br />
Planning and Development Act<br />
respecting subdivision authorities.<br />
SUMMARY CONVICTION PROCE-<br />
DURES ACT<br />
The Summary Conviction Procedures Regulations<br />
were amended by instrument<br />
numbered August 19, 2013 and registered<br />
as R-060-2013, to establish tickets<br />
for offences set out in the Used Oil and<br />
Waste Fuel Management Regulations made<br />
under the Environmental Protection Act.<br />
F i n d C e r t i f i e d B i l l s ,<br />
C o n s o lidations o f A c t s ,<br />
Regulations and Court Rules, and<br />
the Northwest Territories Gazette<br />
at the GNWT website.<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 27
S.C.C. UPDATE<br />
HERE IS A SUMMARY OF ALL<br />
APPEALS AND ALL LEAVES TO<br />
APPEAL (ONES GRANTED – SO YOU<br />
KNOW WHAT AREAS OF LAW THE<br />
S.C.C. WILL SOON BE DEALING<br />
WITH IN CASE ANY MAY BE AN AREA<br />
OF LAW YOU’RE LITIGATING/<br />
A D V I S I N G/MANAG I N G).<br />
F OR<br />
LEAVES, I’VE SPECIFICALLY ADDED<br />
IN BOTH THE DATE THE S.C.C.<br />
GRANTED LEAVE AND THE DATE OF<br />
THE C.A. JUDGMENT BELOW, IN<br />
CASE YOU WANT TO TRACK AND<br />
CHECK OUT THE C.A. JUDGMENT.<br />
APPEALS<br />
CIVIL PROCEDURE:<br />
ARBITRATION, COMPOUND V.<br />
SIMPLE INTEREST<br />
British Columber (Forests) v. Teal<br />
Cedar Products Ltd.<br />
(B.C.C.A., February 13, 2012 (34769)<br />
2013 SCC 51 (Oct. 4, 2013)<br />
Arbitrators acting under the B.C.<br />
Commercial Arbitration Act do not<br />
have jurisdiction to award<br />
compound interest.<br />
Eugene Meehan, QC<br />
Supreme Advocacy LLP<br />
Ottawa<br />
~<br />
COMMERCIAL LAW /<br />
EMPLOYMENT LAW IN<br />
QUEBEC: NON-COMPETE AND<br />
NON-SOLICITATION CLAUSESS<br />
Payette v. Guay Inc..<br />
(Que. CA.,., Dec. 12, 2011) (34662)<br />
2013 SCC 45 (Sept. 12, 2013)<br />
Non-compete and non-solicitation<br />
clauses are interpreted differently<br />
depending on whether they’re in<br />
commercial agreements or<br />
employment contracts – rules of<br />
interpretation more “generous” in<br />
the former, “much stricter” in the<br />
latter.<br />
~<br />
CRIMINAL LAW: (ROADSIDE)<br />
DOG (“LEVI”) PASSES SMELL<br />
TEST (BARELY, 5:4)<br />
R. v. Mackenzie<br />
(Sask. CA., May 25, 2011)(34397)<br />
2013 SCC 44 (Sept. 27, 2013)<br />
Levi’s (sniffer dog) evidence goes<br />
in.<br />
~<br />
CRIMINAL LAW: (AIRPORT)<br />
DOG (“BORIS”) PASSES SMELL<br />
TEST (UNANIMOUSLY)<br />
R. v Chehil<br />
(N.S.C.A, Sept. 16, 2011)(34754)<br />
2013 SCC 49 (Sept. 27, 2013)<br />
Boris’ too.<br />
~<br />
CRIMINAL LAW/CHARTER:<br />
PRISONER MOBILITY<br />
Divito v. Canada (Public Safety<br />
and Emergency Preparedness)<br />
(Fed. C.A., Feb. 3, 2011 )(34128)<br />
2013 SCC 47 (Sept. 19, 2013)<br />
When you do the crime, you do the<br />
time, and you don’t get to pick<br />
where.<br />
~<br />
LEGISLATION: RETROACTIVITY;<br />
RES JUDICATA; LEGISLATURES<br />
V. COURTS<br />
Régie des rentes du Quebec v.<br />
Canada Bread Company Ltd.<br />
(Que.. C.A., Aug 22, 2011)(34505)<br />
2013 SCC 46 (Sept. 13, 2013)<br />
The S.C.C. held:<br />
when a legislature enacts a<br />
declaratory provision with<br />
retrospective effect, it is<br />
presumed to have weighed the<br />
need for the interpretive clarity<br />
the provision would bring<br />
against the disruption and<br />
unfairness that might result<br />
from its retroactive nature;<br />
courts owe deference to a<br />
decision by the legislature to<br />
enact such legislation;<br />
h e r e a f i n a l j u d i c i a l<br />
determination of the rights and<br />
obligations of the parties had<br />
not yet been made,<br />
so the<br />
28 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
S.C.C. UPDATE CONT’D<br />
declaratory provisions passed<br />
by the Quebec legislature to<br />
aid in the interpretation of the<br />
pension<br />
applicable;<br />
legislation were<br />
in enacting declaratory<br />
legislation, the legislature<br />
assumes the role of a court and<br />
dictates the interpretation of its<br />
own law; and<br />
declaratory provisions have an<br />
immediate effect on pending<br />
cases, and therefore an<br />
exception to the general rule<br />
that legislation is prospective.<br />
~<br />
TAX: QUALIFYING<br />
AMALGAMATIONS<br />
Envision Credit Union v. Canada<br />
(Fed. C.A., Nov 21, 2011)(34519)<br />
2013 SCC 48 (Spet. 26, 2013))<br />
J u n e 2 0 , 2 0 1 3<br />
The amalgamation as done here<br />
was a qualifying amalgamation for<br />
Revenue Canada purposes.<br />
LEAVES TO APPEAL<br />
ABORIGINAL LAW:<br />
HARVESTING CLAUSES<br />
Andrew Keewatin Jr., et al v.<br />
Minister of Natural Resources, et<br />
al<br />
(Ont. C.A., Mar 18, 2013) )(34470)<br />
2013 ONCA 158 (Sept. 19, 2013)<br />
Does a province have rights to<br />
“take up” tracts of tready land for<br />
forestry?<br />
~<br />
CIVIL PROCEDURE / FAMILY<br />
LAW: CONSTITUTIONALITY OF<br />
COURT ‘HEARING FEES’<br />
Trial Lawyers Association of<br />
British Columbia v. Attorney<br />
General of British Columbia<br />
(B.C.C.A.., Feb. 15, 2013) (35315)<br />
2013 BCCA 65 Feb. 15, 2013<br />
Are provincial court ‘hearing fees’<br />
constitutional?<br />
~<br />
CONTRACTS: IMPLIED TERMS<br />
OF GOOD FAITH<br />
Harish Bhasin, carrying on<br />
business as Bhasin & Associates v.<br />
Larry Hrynew, et al.<br />
(Alta. C.A., Mar.18, 2013) (35380)<br />
2013 ABCA 98 Aug. 22, 2013<br />
When is there an implied term of<br />
good faith in renewal of contracts?<br />
~<br />
CRIMINAL LAW: LONG-TERM<br />
V. DANGEROUS<br />
J.P.S. v. R<br />
(Ont. C.A. ., Mar 12, 2013)(35310)<br />
2012 ONCA 751 Sept. 5, 2013<br />
There is a publication ban in this<br />
case, in the context of long-term v.<br />
dangerous offender orders.<br />
~<br />
CRIMINAL LAW:<br />
MANSLAUGHTER OF INFANT;<br />
SENTENCING ‘CREDIT’<br />
R. v. Sean Summers<br />
(Ont. C.A., Mar 12, 2013 )(35339)<br />
2013 ONCA 147 Aug. 15 2013<br />
What should the pre-trial custody<br />
credit be in this ’shaken bayb”<br />
case? To be heard with R. v.<br />
Carvery. (35115).<br />
CRIMINAL LAW: ROBBERY;<br />
REMANDS FOR ASSESSMENT<br />
R. v. Steele<br />
(Man. C.A., Mar. 13, 2013) (35364)<br />
2013 MBCA 21 Aug. 22 2013<br />
When should there be a remand<br />
for assessment, in the context of an<br />
anticipated dangerous/long-term<br />
offender application?<br />
CRIMINAL LAW: SEXUAL<br />
OFFENCES; DISCLOSURE<br />
R. v. V.Q.<br />
(Ont. C.A., Mar. 26, 2013) (35390)<br />
2013 ONCA 180 (Aug. 22, 2013)<br />
There’s a publication ban in this<br />
case, in the context of disclosure of<br />
police “occurrence reports”.<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 29
S.C.C. UPDATE CONT’D<br />
EMPLOYMENT LAW IN<br />
QUEBEC: TERMINATION<br />
Commission des norms du travail<br />
v. Asphalte Desjardin Inc.<br />
(Que. C.A., Mar 19, 2013) (35375)<br />
2013 QCCA 484 (Sept. 5, 2013)<br />
What amount is payable here on<br />
an employee termination?<br />
LABOUR LAW: CHARTER<br />
CHALLENGES<br />
Robert Meredith, et al., v. A.G. of<br />
Canada<br />
(Fed. C.A., Apr. 26, 2013) (35424)<br />
2013 SCC 59897 ( Sept. 19, 2013)<br />
Are sections of the Expenditure<br />
Restraint Act, as they affected<br />
RCMP members, constitutional?<br />
LABOUR LAW: GOOD FAITH<br />
BARGAINING<br />
Canadian Artists' Representation/<br />
Front des artistes canadiens, et al.<br />
v. National Gallery of Canada<br />
(Fed. C.A., Apr. 26, 2013) (35424)<br />
2013 FCA 64 (Sept. 19, 2013)<br />
Was there good faith bargaining by<br />
the National Gallery in negotiating<br />
fees with artists?<br />
■ Eugene Meehan, QC, is a Litigation Partner at<br />
Supreme Advocacy LLP, Ottawa. His primary<br />
area of work is with the Supreme Court of Canada,<br />
mainly assisting other lawyers in taking cases<br />
(both Leave to Appeal and Appeal), and complex<br />
legal opinions. For previous summaries, and to<br />
keep up-to-date with all SCC appeals and leave<br />
to appeals, contact Eugene at<br />
emeehan@supremeadvocacy.ca.<br />
30 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>
In pixels<br />
or print<br />
The journal most frequently cited by the Supreme<br />
Court of Canada is free to CBA members.<br />
Read The Canadian Bar Review online at cba.org/cbr.<br />
CBA member benefits also include access to other publications, Professional<br />
Development program discounts, advocacy and Sections & Conferences involvement.<br />
Find out more at cba.org/membership.
Volume 3, 1, Number 11 3<br />
Life Lines<br />
Improving Your Quality of Life — One Step at a Time<br />
Diabetes and Helping Teens<br />
Cope<br />
Growing up can be difficult for teens, and they may face many<br />
challenges. The added challenge of coping with diabetes<br />
requires support, understanding and patience. The life of a<br />
teen can be complex and as a result, diabetes management<br />
may not be their number one priority. You can support your<br />
teen, and help them cope.<br />
As a child matures, the challenge for many families is finding the balance between parental monitoring and teen<br />
independence 1 . It’s important to be very involved with the health needs of teens, but parents should be aware<br />
that they cannot be with their children 24 hours a day. Teens are natural risk-takers. They may be searching<br />
for their place in the world and working at becoming independent. Their body image and peer groups are very<br />
important and powerful influences. It’s important for parents or anyone else involved in the life of a teen with<br />
diabetes to be present in a supporting role. Supporting a teen that is coping with diabetes is vital to not only<br />
their wellness, but also to their overall happiness.<br />
Talking openly with teens can be challenging whether it is about diabetes or other things. Even if they feel<br />
uninterested in the opinions of others, they still need guidance. It’s important to build a trusting and supportive<br />
relationship. Below are some suggestions on supporting your teen, from the Canadian Diabetes Association 2 :<br />
Recognize how devastating diabetes can be to a teen. They want to be carefree, and independent, just<br />
like their friends. Instead, they may feel burdened with a lifelong condition and restricted by tests and<br />
injections. Help your teen figure out ways to fit diabetes into their schedule and share the load where you<br />
can (help them record their blood glucose results or offer to assist them with one of their injections each<br />
day).<br />
Understand, and help your teen understand, that adolescents with diabetes require more insulin as they<br />
grow and go through puberty. This is normal. It is not a sign of worsening diabetes.<br />
Be positive and non-judgemental about your teen’s diabetes management. Avoid using terms such<br />
as ‘good’ or ‘bad’ when referring to your teen’s blood glucose levels. Instead, focus on helping them<br />
evaluate their blood glucose levels and determining a course of action. For example, say: ‘Your blood<br />
glucose is higher than your target, so what do you need to do?’<br />
© 2013 Homewood Human Solutions
Encourage your teen to participate in sports and other activities. Help them to figure out how to prevent<br />
low blood glucose (hypoglycemia), which often accompanies increased activity, by testing frequently and<br />
either reducing insulin or increasing food intake.<br />
Ensure that your teen understands the potentially devastating consequences that smoking, alcohol and<br />
drugs can have for people with diabetes. If you are not comfortable talking with your teen about these<br />
issues, be sure to ask your diabetes professional to raise the subject with them.<br />
Avoid focusing on weight and body shape. Rather, focus on promoting a healthy lifestyle for all members<br />
of the family. Some teens discover that when they are getting inadequate amounts of insulin they lose<br />
weight. Although the discovery may be accidental, some teens are tempted to reduce or skip their insulin<br />
repeatedly in order to lose weight. This risky behaviour leads to poor glucose management, a risk of<br />
diabetes ketoacidosis (a life-threatening condition that arises from a serious insulin shortage) and a high<br />
risk for long-term complications.<br />
Keep the lines of communication open. Instead of nagging or criticizing, use open-ended questions that<br />
encourage conversation. For example, ask: ‘How do you feel you are coping with your diabetes?’, ‘What<br />
are you finding most difficult about it?’, or ‘What would help you now?’<br />
Be flexible and willing to help or step back as your teen needs. Watch for signs that your teen is<br />
struggling with their diabetes management: signs of high blood glucose levels (frequent urination,<br />
extreme thirst), low blood glucose episodes (hypoglycemia), poor school attendance, depression or a<br />
significant change in behaviour. If your child shows any of these signs, re-involve yourself in your teen’s<br />
diabetes and talk to his diabetes professional for further advice.<br />
Encourage decision-making skills. Ask your teen how they would handle specific situations. Let them answer and<br />
support appropriate answers. Then make suggestions rather than telling your teen what to do and how to do it.<br />
Teens need consistent and clear messages about diabetes care.<br />
With patience and a positive attitude, you can help your teen become a responsible, independent and healthy<br />
young adult. For more information, visit www.diabetes.ca or contact your EFAP.<br />
1. http://www.diabetes.ca/diabetes-and-you/youth/teens/<br />
2. http://www.diabetes.ca/diabetes-and-you/youth/teens/<br />
We want your questions,<br />
comments, and suggestions.<br />
lifelines@<br />
homewoodhumansolutions.com<br />
For more information, to book a counselling session, or<br />
to access any of your EFAP services our Client Services<br />
Representatives are ready to speak with you 24 hours a<br />
day, seven days a week, in English or French. All calls are<br />
completely confidential.<br />
1.800.663.1142<br />
1.866.398.9505 (Numéro sans frais - en franÇais)<br />
1.888.384.1152 (TTY)<br />
604.689.1717 International (Call Collect)<br />
www.homewoodhumansolutions.com<br />
LL_V_EN_V3_11<br />
© 2013 Homewood Human Solutions Life Lines Volume 3 Number 11
THE NORTHWEST TERRITORIES LAW<br />
FOUNDATION<br />
JOHN U. BAYLY, Q.C. MEMORIAL FUND<br />
A fund, in the memory of the late John U. Bayly, Q.C., a prominent member<br />
of the NWT Bar for 30 years, has been established in conjunction with the<br />
NWT Law Foundation. The fund is to encourage and facilitate the<br />
development of mediation skills.<br />
An award of $1000.00 will be given out annually to an applicant chosen by<br />
the Board of Directors of the NWT Law Foundation. The recipient must<br />
meet the following criteria:<br />
• Be a resident member in good standing of the NWT Bar;<br />
• Be desirous of improving their skills in the area of “mediation” and<br />
have demonstrated an interest in matters relating to the<br />
advancement of medication;<br />
• Commit to use the funds to complete training in mediation skills<br />
within one (1) year of it being awarded.<br />
Applicants are invited to submit a written request which should include<br />
details of the applicant’s interest in mediation and why they should be<br />
chose, along with details of the course they wish to attend. The<br />
application, along with a resume, can be submitted to:<br />
NWT Law Foundation<br />
Box 2594<br />
Yellowknife, NT X1A 2P9<br />
Tel: 867-873-8275<br />
Fax: 867-873-6383<br />
Email: action@theedge.ca<br />
Funds will be disbursed upon completion of the mediation course.<br />
P.O. BOX 2594, 5212 55 th St., YELLOWKNIFE, NT X1A 2P9<br />
TELEPHONE: (867) 873-8275 FACSIMILE: (867) 873-6383<br />
e-mail: action@theedge.ca<br />
www.lawsociety.nt.ca/LawFoundation
MEMBER RESOURCES<br />
PRACTICE ADVISORS<br />
The Practice Advisors from the Law Society of Alberta are<br />
available to discuss legal, ethical and practice concerns, and<br />
personal matters such as stress and addiction. Members<br />
are invited to contact the Practice Advisors at any time. Visit<br />
lsnt.ca/advisors for details and contact information.<br />
4th Floor, Diamond Plaza · 5204 – 50 th Avenue<br />
P.O. Box 1298 · Yellowknife, NT · X1A 2N9<br />
T: (867) 873-3828 · F: (867) 873-6344<br />
info@lawsociety.nt.ca · www.lawsociety.nt.ca<br />
The Legal Profession Assistance Conference (LPAC) of<br />
the Canadian Bar Assocation is dedicated to helping<br />
lawyers, judges, law students and their families with<br />
personal, emotional, health and lifestyle issues through a<br />
network of Lawyer Assistance Programs, a national 24-hour<br />
helpline and Provincial Programs. If you need assistance,<br />
please call the helpline or visit their website.<br />
1-800-667-5722 www.lpac.ca<br />
PRESIDENT<br />
VICE-PRESIDENT<br />
SECRETARY<br />
TREASURER<br />
LAYPERSON<br />
Caroline G. Wawzonek<br />
Karen Wilford<br />
Margo Nightingale<br />
J.M. Alain Chiasson<br />
Peter Hall<br />
MENTOR PROGRAM<br />
Members from Northwest Territories and Nunavut are invited<br />
to call the office of the Alberta Practice Advisor and ask for<br />
the Mentor Program. Please be advised that not all of the<br />
mentors may be totally familiar with NT statutes and<br />
practice. There is no cost. Call 1-888-272-8839<br />
The Law Society of the NWT and the<br />
CBA-NT Branch have partnered with<br />
Human Solutions to offer members<br />
free, private and confidential<br />
professional counseling and consultation for the resolution of<br />
personal issues or work related difficulties. This service is<br />
available 24 hours a day, 7 days a week. Call any time.<br />
1-800-663-1142<br />
P.O. Box 1985 · Yellowknife, NT · X1A 2P5<br />
T: (867) 669-7739 · F: (867) 873-6344<br />
info@cba-nt.org · cba.org/northwest<br />
PRESIDENT<br />
VICE-PRESIDENT<br />
SECRETARY/TREASURER<br />
PAST-PRESIDENT<br />
MEMBERS OF<br />
COUNCIL<br />
DEPUTY SECRETARY/TREASURER<br />
EXECUTIVE DIRECTOR<br />
DIRECTOR OF COMMUNICATIONS<br />
LEGAL EDUCATION COORDINATOR<br />
ADMINISTRATIVE ASSISTANT<br />
& MEMBERSHIP ENQUIRIES<br />
Sandra MacKenzie<br />
Karin Taylor<br />
Tricia Ralph<br />
Glen Rutland<br />
Sheldon Toner<br />
BettyLou McIlmoyle<br />
Jeannie Wynne-Edwards<br />
Sarah Kay<br />
Elaine Keenan Bengts<br />
Linda G. Whitford<br />
Nancy<br />
Zimmerman<br />
Liz Jackson<br />
<strong>ARCTIC</strong> <strong>OBITER</strong> FALL 2013 ■ 31