ARCTIC OBITER
Arctic Obiter - March 2010 - Law Society of the Northwest Territories Arctic Obiter - March 2010 - Law Society of the Northwest Territories
ARCTIC OBITER MARCH 2010 V OLUME XIV, ISSUE 3 New FLSC Agreement opens doors for Quebec
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- Page 16: THE LAWYER REFERRAL SERVICE A SIMPL
<strong>ARCTIC</strong> <strong>OBITER</strong><br />
MARCH 2010 V OLUME XIV, ISSUE 3<br />
New FLSC Agreement<br />
opens doors for Quebec
2 | <strong>ARCTIC</strong> <strong>OBITER</strong><br />
THE LAW SOCIETY<br />
OF THE NORTHWEST TERRITORIES<br />
Main Floor<br />
5004 – 50 th Avenue<br />
P.O. Box 1298<br />
Yellowknife, NT<br />
X1A 2N9<br />
TEL: (867) 873-3828<br />
FAX: (867) 873-6344<br />
info@lawsociety.nt.ca<br />
www.lawsociety.nt.ca<br />
PRESIDENT<br />
Shirley Walsh<br />
VICE-PRESIDENT<br />
Michael Hansen<br />
SECRETARY<br />
Erin Delaney<br />
TREASURER<br />
Sheila MacPherson<br />
LAY MEMBER<br />
Maureen Crotty Williams<br />
INSIDE<br />
3 Law Society President’s Message<br />
4 Executive Director’s Message<br />
5 Membership News<br />
8 NWT Decision Digest<br />
11 NWT Legislative News<br />
12 Supreme Court of Canada Update<br />
13 Notices<br />
P.O. Box 1985<br />
Yellowknife, NT<br />
X1A 2P5<br />
TEL: (867) 669-7739<br />
FAX: (867) 873-6344<br />
cbanwt@lawsociety.nt.ca<br />
www.cba.org/NorthWest<br />
EXECUTIVE DIRECTOR<br />
Linda Whitford<br />
linda.whitford@lawsociety.nt.ca<br />
ADMINISTRATION &<br />
MEMBERSHIP INQUIRIES<br />
Amy LeBlanc<br />
amy.leblanc@lawsociety.nt.ca<br />
EDUCATION &<br />
COMMUNICATIONS<br />
Ben Russo<br />
ben.russo@lawsociety.nt.ca<br />
PRESIDENT<br />
Janice K. Walsh<br />
VICE PRESIDENT<br />
Elaine Keenan Bengts<br />
SECRETARY / TREASURER<br />
Malinda Kellett<br />
PAST PRESIDENT<br />
Sheldon Toner<br />
ELECTED VOTING MEMBER<br />
Betty Lou McIlmoyle<br />
NON-VOTING MEMBER<br />
Sheila MacPherson<br />
Arctic Obiter is a joint publication of the Law Society of<br />
the Northwest Territories and the Northwest Territories<br />
Branch of the Canadian Bar Association. It is published<br />
on a monthly basis to keep lawyers practicing in the<br />
NWT informed of news, announcements, programs and<br />
activities. Comments, articles and photos for<br />
consideration can be submitted to Ben Russo. Past and<br />
current issues are available on the Law Society website.<br />
14 Upcoming Events<br />
15 Resources<br />
FROM THE EDITOR<br />
Yet another busy month has passed us by. The regular<br />
chaos this office sees in March was enhanced by the<br />
exciting opportunity to promote the Northwest Territories<br />
in other jurisdictions.<br />
Exciting indeed. On April 16th, the Law Society and the<br />
Government of the Northwest Territories are jointly<br />
hosting a reception at Canada’s Northern House in Vancouver. This Olympic<br />
building is closing, but not before a final party for all lawyers in the area. If<br />
you’re in Vancouver, make a point to stop by that evening - see page 9 for<br />
details.<br />
As part of the preparations, the Law Society has come up with a promotional<br />
booklet as a companion to the DVD the Government released in 2007. If you<br />
would like copies of this 20-page overview of the legal profession in the North,<br />
we’d be happy to ship some your way. It will also be available online shortly<br />
(watch the weekly bulletins).<br />
Keep an eye out for future events. This is just the start.<br />
Cheers,<br />
- Ben
MARCH 2010 | 3<br />
PRESIDENT’S MESSAGE<br />
FLSC Semi-Annual Meeting<br />
March 18th to the 20th was the Federation of Law<br />
Societies semi annual meeting. This year it was held in<br />
Toronto and I attended with Linda Whitford, Erin<br />
Delaney and Lou Sebert. The day and a half of meetings<br />
were packed with information, compelling speakers and<br />
extremely interesting topics which are<br />
important to our profession and those we<br />
serve.<br />
Among the topics which were discussed<br />
was how the regulation of our profession<br />
should and will change as our profession<br />
becomes more global and more services<br />
are developed which take over many<br />
areas of today’s general lawyer’s practice.<br />
Services such as title insurance are<br />
carving away at the types of real estate<br />
transactions a lawyer will handle. In<br />
some jurisdictions in Canada, refinances<br />
are handled completely by banks and<br />
title insurers without the involvement of<br />
Shirley A. Walsh<br />
a lawyer. Paralegals are handling more and more files<br />
which were once solely the purview of lawyers, and in<br />
Ontario paralegals are now governed by the Law Society<br />
of Upper Canada. And increasingly, global, primarily<br />
low-cost but competent lawyers in foreign countries are<br />
performing routine legal tasks for local (Canadian) clients<br />
at massive cost savings. The trend seems to be that these<br />
types of changes are increasing (although they will likely<br />
take longer to get to the Northwest Territories than to<br />
Toronto or Vancouver), and we need to be prepared to<br />
address the practice and regulatory amendments that will<br />
accompany the changes.<br />
A large portion of the Friday afternoon meetings was<br />
taken up by the discussion of the future harm exception<br />
to confidentiality in the proposed national code of<br />
conduct. I sat on a panel with Sheila Greene, a member of<br />
the executive for Newfoundland and Labrador, and<br />
Gérald R. Tremblay of the Barreau du Québec and we<br />
were given two scenarios where we had to decide<br />
whether to break confidentiality based on our existing<br />
codes of conduct. We had three different answers for<br />
each scenario because our codes are not the same – in fact,<br />
there are very striking differences<br />
nationally. A new uniform rule is<br />
desired, however the difficulty is where to<br />
draw the line on what constitutes a<br />
justifiable reason to report information<br />
obtained from a client. Future crime?<br />
Imminent bodily harm to an individual?<br />
Is there a threshold of possible financial<br />
loss to an innocent third party that could<br />
trigger a future harm exception (i.e. a<br />
Bernie Madoff type situation) and is that a<br />
sliding scale? It was a very interesting<br />
discussion with no clear resolution and<br />
more work is being done to determine the<br />
best wording for this public safety that<br />
will also protect the fundamental legal and<br />
civil right of solicitor-client confidentiality.<br />
Saturday’s presentations were extremely interesting with<br />
presenters from the International Bar Association, the<br />
Canadian Bar Association, the Department of Justice<br />
Canada and others regarding their experiences with<br />
assisting developing Bars in countries such as<br />
Afghanistan, Pakistan, Russia and China. The<br />
presentations highlighted the need in countries where the<br />
rule of law is still being developed and how we can help<br />
very easily and in ways that don’t involve traveling to<br />
those jurisdictions.<br />
These few paragraphs cannot do justice to the amount of<br />
interesting information that was presented during the<br />
conference. If anyone would like more information, or a<br />
copy of any of the materials which we obtained, please<br />
contact me or the law society office.
4 | <strong>ARCTIC</strong> <strong>OBITER</strong><br />
THE DIRECTOR’S CHAIR<br />
Mobility Agreement is a Top Priority for the North<br />
On the 19th of March, 2010, the Presidents of the Law<br />
Societies of Canada gathered in the Convocation Room at the<br />
Law Society of Upper Canada and signed the Quebec<br />
Mobility Agreement [QMA]. A press release from the<br />
Federation of Law Societies quotes from President John<br />
Campion’s remarks on the occasion:<br />
“What was begun in 2002 with the signing of<br />
the National Mobility Agreement among the<br />
common law provinces is now completed, with<br />
an agreement by the law societies in common<br />
law jurisdictions to open their doors to members<br />
of the Barreau du Québec”.<br />
For those unfamiliar with the QMA, it<br />
extends the scope of the National Mobility<br />
Agreement (NMA) by facilitating reciprocal<br />
permanent mobility between the common<br />
law jurisdictions and the civil law<br />
jurisdiction in Québec. The QMA<br />
establishes the framework for recognition of<br />
members of the Barreau du Quebec as<br />
“Canadian Legal Advisors” in Canadian<br />
Linda G. Whitford<br />
common law jurisdictions. Law Societies across Canada will<br />
now adopt the appropriate rules to give effect to the<br />
Agreement, a process that is already underway in a number<br />
of jurisdictions. Lawyers from the Canadian common law<br />
jurisdictions have been eligible for equivalent membership in<br />
the Barreau du Québec as Canadian Legal Advisors since<br />
June 2008.<br />
Specifically, a person granted membership in the Barreau as<br />
a Canadian Legal Advisor may<br />
a) give legal advice and consultations on legal matters<br />
involving the law of the Canadian province or territory<br />
where he or she is legally authorized to practise law or<br />
involving matters under federal jurisdiction;<br />
b) prepare and draw up a notice, motion, proceeding or<br />
other similar document intended for use in a case before the<br />
courts, but only with respect to matters under federal<br />
jurisdiction;<br />
c) give legal advice and consultations on legal matters<br />
involving public international law; and<br />
d) plead or act before any tribunal, but only with respect to<br />
matters under federal jurisdiction.<br />
The QMA provides for the creation of the<br />
Canadian Legal Advisor in common law<br />
jurisdictions and its continuation by the<br />
Barreau. The agreement provides that<br />
signatory jurisdictions will use their best<br />
efforts to obtain any legislative<br />
amendments necessary for the<br />
establishment of the Canadian Legal<br />
Advisor category of membership and will<br />
also make necessary changes to their rules<br />
and regulations so as to facilitate a<br />
reciprocal arrangement.<br />
An initiative is underway to extend similar<br />
mobility rights to members of the Chambre<br />
des Notaires du Quebec, the regulatory body<br />
for the 3,500 notaries in the province.<br />
With the signing of the Territorial Mobility Agreement in<br />
2006, reciprocal permanent mobility was expanded to the<br />
three northern territories. This agreement is set to expire on<br />
January 1, 2012. Discussions are now taking place on all<br />
levels – local, territorial, and national - on the future of the<br />
TMA.<br />
As noted in the early discussions that facilitated the TMA,<br />
the three territories find themselves in a unique situation,<br />
particularly in the Northwest Territories and Nunavut where<br />
a significant number of our active members are non-resident<br />
(i.e. their primary practice of law is in another jurisdiction,<br />
but they are authorized to practice law here on either a full<br />
or restricted basis).<br />
As of March 5, 2010, 66% of our practicing membership was<br />
(CONTINUED ON PAGE 5)
MARCH 2010 | 5<br />
MEMBERSHIP<br />
NEW MEMBERS<br />
ARLENE K. BLAKE<br />
SINCLAIR LAW OFFICE - CALGARY, AB<br />
Arlene is a graduate of the University<br />
of Calgary Faculty of Law (2005) and<br />
was called to the NWT bar in 2010.<br />
Arlene brings experience in the area of<br />
estate probate, adult guardianship,<br />
and general wills/estates practice.<br />
Arlene will provide services in the<br />
a r e a s o f a r b i t r a t i o n /<br />
administrative law (civil<br />
disputes, immigration, E.I.,<br />
C.P.P., W.C.B, landlord/<br />
tenant),<br />
employment/labour<br />
law, and commercial leasing.<br />
DAVID G. MYROL<br />
MCLENNAN ROSS - EDMONTON, AB<br />
A partner at McLennan Ross, David’s<br />
practice is focused primarily on<br />
W. Bryce Cabott<br />
Occupational Health &<br />
Safety. He currently sits as<br />
Chair of their in-house OHS<br />
Practice Group and is part of<br />
the University of Alberta’s<br />
Faculty of Extension OHS<br />
Diploma Program.<br />
He now<br />
practices as a Regulatory Defence<br />
Lawyer.<br />
W. BRYCE CABOTT<br />
CABOTT & CABOTT - VANCOUVER, BC<br />
Bryce has been a lawyer in<br />
Vancouver for over 15 years<br />
r e p r e s e n t i n g<br />
f o r m e r<br />
residential school students<br />
throughout Western and<br />
Northern Canada, and he has<br />
been cited by the Law Society of<br />
British Columbia as specializing in the<br />
field of Indian Residential School<br />
Survivors.<br />
David G. Myrol<br />
PUBLIC SECTOR LAWYERS<br />
ANGIE PAQUIN<br />
PPSC - YELLOWKNIFE, NT<br />
BLAIR MACPHERSON<br />
PPSC - YELLOWKNIFE, NT<br />
MEMBERSHIP STATS<br />
Active Residents: 129<br />
Active Non-Residents: 237<br />
Inactive Members: 85<br />
Total Membership: 451<br />
(Restricted Members: 75)<br />
SPOTLIGHT ON YOU<br />
Members want to meet you. Tell your<br />
story and shake hands with the North.<br />
Email us today!<br />
(CONTINUED FROM PAGE 4)<br />
non-resident. The majority of those are resident in Alberta.<br />
Since January 2005 there have been 184 new calls to the Bar,<br />
of which only 51 listed the NWT as their home address. The<br />
net gain of resident members since then is is 3, a rise from<br />
127 in December 2004 to 130 in December 2009.<br />
In contemplating the future of the Territorial Mobility<br />
Agreement, we have no choice but to explore this unique<br />
situation again and give serious consideration to our ability<br />
to continue as a self-regulated profession with reduced<br />
resources; as well as the cost to the resident bar to maintain<br />
services with reduced membership numbers.<br />
In closing, I hope that those of you in the Vancouver area<br />
will join us for a reception at Northern House on April 16th<br />
between 5 and 8 pm. This will be your last opportunity to<br />
view this popular Olympic venue, but more importantly to<br />
meet some of your colleagues from the Northwest Territories<br />
and learn about the practice of law in this jurisdiction. Ben<br />
has tucked the invite somewhere in the pages of this edition<br />
of the Obiter.<br />
And I could not resist... The sun came up today at 6:42 and<br />
will set tonight at 20:40, giving us 13 hours, 58 minutes of<br />
sun – 6 minutes longer than yesterday. I have stored the<br />
spikes for the winter and am happily pounding the bare<br />
pavement once again. On Easter Sunday the Northwestel<br />
Ski Loppet, our last Ski Club event of the season, was held.<br />
It will not be long before the die-hards haul out the golf<br />
clubs while the rest of us take our bikes out of storage and<br />
head outdoors.<br />
Until next month – be safe, be well, be happy!
6 | <strong>ARCTIC</strong> <strong>OBITER</strong><br />
Canadian law societies sign new mobility agreement<br />
Canada’s law societies have taken<br />
another major step in the<br />
implementation of national mobility<br />
for members of the legal profession<br />
with the formal signing of the<br />
l a n d m a r k Q u e b e c M o b i l i t y<br />
Agreement (QMA).<br />
“What was begun in 2002 with the<br />
signing of the National Mobility<br />
Agreement among the common law<br />
provinces is now completed, with an<br />
agreement by the law societies in<br />
common law jurisdictions to open<br />
their doors to members of the Barreau<br />
du Québec” John Campion, the<br />
President of the Federation of Law<br />
Societies of Canada, said during the<br />
signing ceremony.<br />
The Quebec Mobility Agreement<br />
extends the scope of the National<br />
Mobility Agreement (NMA) by<br />
facilitating reciprocal permanent<br />
mobility between the common law<br />
jurisdictions and the<br />
civil law jurisdiction<br />
in Québec. The<br />
Quebec<br />
Mobility<br />
A g r e e m e n t<br />
establishes<br />
framework<br />
r e c o g n i t i o n<br />
the<br />
for<br />
o f<br />
members of the<br />
Barreau du Quebec<br />
as “Canadian Legal<br />
A d v i s o r s ”<br />
Canadian<br />
law<br />
i n<br />
common<br />
jurisdictions.<br />
Lawyers from the<br />
Canadian common law jurisdictions<br />
have been eligible for equivalent<br />
membership in the Barreau du<br />
Québec as Canadian Legal Advisors<br />
since June 2008.<br />
Each law society in common law<br />
Canada will now adopt the<br />
appropriate rules to give effect to the<br />
Agreement, a process that is already<br />
PENS ARE READY: Presidents Shirley Walsh (NT), Susanne M. Boucher (NU) and Susan B.<br />
Dennehy (YT) pause for a moment before signing the Quebec Mobility Agreement in Toronto<br />
underway in a number of<br />
jurisdictions.<br />
The Federation President also<br />
announced that an initiative was<br />
underway to extend similar mobility<br />
rights to members of the Chambre<br />
des notaires du Quebec, the<br />
regulatory body for the 3,500 notaries<br />
in the province.<br />
A PRESEDENTIAL EVENT: The Presidents of the law societies and governing bodies of Canada after signing the Quebec Mobility<br />
Agreement - [TOP, FROM LEFT] G. Glen Ridgeway, QC (BC), Eileen Libby, QC (SK), David Ames, QC (NB), Rodney A. Jerke, QC (AB), John<br />
A. Campion (FLSC), Pierre Chagnon (QC), W.A. Derry Millar (ON), Susanne M. Boucher (NU), Susan B. Dennehy (YT). [BOTTOM, FROM<br />
LEFT] Shirley Walsh (NT), Jeff Hirsch (MB), Kim M. McNeill (PE), Irene S. Muzychka (NL), J. Ronald Creighton, QC (NS).<br />
With the regulation of the legal<br />
profession in Canada a matter of<br />
provincial jurisdiction, Mr. Campion<br />
noted, implementing initiatives at the<br />
national level such as enhanced<br />
mobility for the profession is no easy<br />
task. “Each initiative must take into<br />
c o n s i d e r a t i o n t h e u n i q u e<br />
requirements of each jurisdiction. The<br />
success of the mobility initiatives<br />
shows how all law societies in<br />
Canada have worked together in the<br />
public interest. In this case, it<br />
represents more options for the<br />
(CONTINUED ON PAGE 7)
MARCH 2010 | 7<br />
(CONTINUED FROM PAGE 6)<br />
consumer in accessing the legal<br />
system.”<br />
The law societies began their mobility<br />
initiative in 2002 with the signing of<br />
the National Mobility Agreement. The<br />
agreement - signed by the Barreau du<br />
Québec and the law societies in each<br />
common law province - recognized<br />
that the existence of different legal<br />
systems in Quebec and the rest of the<br />
country would necessitate a different<br />
approach to mobility between the<br />
Barreau and the common law<br />
jurisdictions. The signatories also<br />
recognized that the requirement for<br />
the Barreau to comply with<br />
regulations applicable to all<br />
professions in Quebec would delay<br />
implementation of the NMA by the<br />
Barreau.<br />
With the signing of the Territorial<br />
Mobility Agreement in 2006,<br />
reciprocal permanent mobility was<br />
expanded to the three northern<br />
territories.<br />
The ceremony for the signing of the<br />
Quebec Mobility Agreement was held<br />
at Osgoode Hall in Toronto on March<br />
19, 2010.<br />
[FROM LEFT TO RIGHT] Legislative Counsel Ian Rennie, Court Officer Tara Bower, instructor Donald Legal (College Universitaire de<br />
Saint-Boniface), Legal Translator Emma St-Amour and Legal Editor Catherine Pellerin.<br />
Voici les conquérants de la langue de la<br />
profession<br />
La Programme National de Formation<br />
en Terminologie Juridique - a day of<br />
French legal terminology training -<br />
took place in Yellowknife on March<br />
11.<br />
O r g a n i z e d b y t h e C o l l e g e<br />
Universitaire de Saint Boniface in<br />
centres across Canada, the program<br />
was developed to meet the needs of<br />
judges, lawyers, court officers,<br />
translators and others who are<br />
exposed to French language legal<br />
proceedings in common law<br />
jurisdictions. Different terminology is<br />
used in different places, and this<br />
program works to teach standardised<br />
French terminology for "English law"<br />
concepts.<br />
In Yellowknife, this day-long<br />
program is offered twice a year and is<br />
free for participants.<br />
Competition was fierce during the end<br />
-of-day Expression Cachee (Word<br />
Search) challenge. To the left, the<br />
proud gold-medal winning team,<br />
including resident member Ian<br />
Rennie, show off their medals.<br />
News<br />
Events<br />
Publications<br />
Forms<br />
www.lawsociety.nt.ca<br />
It’s all online.
8 | <strong>ARCTIC</strong> <strong>OBITER</strong><br />
NWT DECISION DIGEST<br />
SUPREME COURT OF<br />
THE NORTHWEST<br />
TERRITORIES<br />
CIVIL<br />
Tan v. Minister of Health and Social<br />
Services<br />
2010 NWTSC 12<br />
Presiding: Justice D. M. Cooper<br />
For the Applicant: M. Kellett<br />
For the Respondent: S. Toner<br />
Judicial review of the Minister of Health<br />
and Social Services' decision to not<br />
register the applicant as a psychologist.<br />
T h e s t a n d a r d o f r e v i e w i s<br />
reasonableness except for statutory<br />
interpretation where it is correctness.<br />
The issue of procedural fairness centred<br />
on what were or should have been the<br />
Applicant's legitimate expectations.<br />
The Applicant could not be registered<br />
as a psychologist in British Columbia<br />
because she had not completed an<br />
internship.<br />
The learned Justice agreed with the<br />
Respondents' position that the<br />
Applicant read and interpreted the<br />
relevant provisions of the Psychologists<br />
Act and decided to take a 'back door'<br />
approach to becoming a registered<br />
psychologist in British Columbia by<br />
becoming registered in the Northwest<br />
Territories and then using the Mutual<br />
Recognition Agreement, a component of<br />
the Agreement on Internal Trade, to<br />
become registered in British Columbia.<br />
The Minister had jurisdiction to deny<br />
the application. There was no breach of<br />
procedural fairness. The application for<br />
judicial review was dismissed.<br />
CASES CITED<br />
923087 N.W.T. Ltd. v. Anderson Mills Ltd.,<br />
[1997] N.W.T.R. 212 (S.C.)<br />
Arctic Environmental v. Northern Mgmt. &<br />
Komaromi et al, 2000 NWTSC 53<br />
A-G v. Lockwood [no citation given]<br />
A.G. v. Prince Ernest Augustus of Hanover,<br />
[1057] A.C. 436 (H.L.)<br />
Baker v. Minister of Citizenship and<br />
Immigration, [1999] 2 S.C.R. 817<br />
Bargen v. Northwest Territories (Medical Board<br />
of Inquiry, [2009] N.W.T.J. No. 8<br />
Bell Express Vu Limited Partnership v. Rex,<br />
[2002] S.C.J. No. 43<br />
Burge v. Newfoundland Board of Examiners in<br />
Psychologist, [2005] N.J. No. 224<br />
Dunsmuir v. New Brunswick [2008] S.C.J. 9<br />
Gallant v. Prince Edward Island Psychologists<br />
Registration Board, [2006] P.E.I.J. No. 11<br />
McBratney v. McBratney, [1919] 3 W.W.R. 1000<br />
[no citation given]<br />
Pushpanathan v. Canada, 1998 CanLii 778<br />
(S.C.C.)<br />
Sussex Peerage, "a decision of the House of Lords<br />
in 1844" [no citation given]<br />
LEGISLATION CITED<br />
College of Psychologists of British Columbia,<br />
Bylaws (Revised November 7, 2008, clause 43)<br />
Health Professions Act, Psychologists<br />
Regulation, B.C. Reg. 289/2008<br />
Psychologists Act, R.S.N.W.T. 1988, c. P-11 as<br />
amended<br />
OTHER CITES<br />
Cross: Statutory Interpretation, Butterworths,<br />
2nd ed., 1987 [sic]<br />
FAMILY LAW<br />
Giroux v. Panilo<br />
2010 NWTSC 14<br />
Presiding: Justice D. M. Cooper<br />
For the Applicant: D.P. Large, Q.C.<br />
Respondent: n/a<br />
Application for increased child support<br />
and s. 7 expenses, and retroactivity.<br />
Application granted, with retroactivity<br />
to May 1, 2007.<br />
CASES CITED<br />
DBS v. SBS [2006] S.C.J. No. 37<br />
Eliuk v. Grymaloski, [2008] N.W.T.T.C. 13<br />
Wright v. Gully, [2008] N.W.T.T.C. 8<br />
CRIMINAL LAW<br />
R. v. Simon<br />
2010 NWTSC 07<br />
BAN ON PUBLICATION OF COMPLAINANT/WITNESS<br />
Presiding: Justice D. M. Cooper<br />
For the Crown: T. Nguyen<br />
For the Accused: T. Boyd<br />
The accused pleaded guilty to six<br />
charges: (1) sexual assault, shortly after<br />
his release from custody(2) endangering<br />
the life of a person - his grandfather -<br />
(aggravated assault), (3) failing to<br />
comply with the terms of a probation<br />
order (X 2) by having contact with a<br />
victim, and by approaching within 10<br />
meters of the residence of a victim; (4)<br />
assault by threatening with a weapon;<br />
and (5) having in his possession a knife,<br />
contrary to s. 88 of the Criminal Code.<br />
The Crown sought a jail sentence of<br />
between 8 and 10 years; defence sought<br />
a sentence of two years less a day.<br />
Aggravating factors: the victim of the<br />
sexual assault was especially<br />
vulnerable, suffering from an obvious<br />
brain injury. Semen from the victim<br />
was analyzed and found to contain the<br />
DNA of the accused. Despite being<br />
bound by a probation order to stay<br />
away from his grandfather, the accused<br />
attended at his residence and beat him<br />
unconscious, using a metal chair. The<br />
victim was medivaced to Edmonton,<br />
where he died some two months later.<br />
At the time of the beating, the accused's<br />
grandfather had a number of serious<br />
chronic medical conditions, After<br />
leaving the scene, the accused<br />
encountered another person and<br />
threatened that person with a knife.<br />
A pre-sentence report was prepared.<br />
The accused has a lengthy criminal<br />
record. His mother was an alcoholic<br />
and stabbed to death when the accused
MARCH 2010 | 9<br />
was a young teenager. He was then<br />
shunted among residences, and claims<br />
to have been sexually abused by his<br />
grandfather and held his grandfather<br />
responsible for his mother's death. He<br />
became addicted at a young age to<br />
alcohol and solvents, including propane<br />
and gasoline. He has been unemployed<br />
for most of his life and has a severe<br />
problem with anger. He has 39<br />
previous convictions dating from 1994,<br />
in every year except for two years when<br />
he was incarcerated for most of the<br />
time. His criminal record includes<br />
numerous property offences, assault,<br />
resisting arrest, sexual assault, offences<br />
against the administration of justice,<br />
assault with a weapon, and assault<br />
causing bodily harm. It is possible the<br />
accused as some cognitive impairment,<br />
(CONTINUED ON PAGE 10)
10 | <strong>ARCTIC</strong> <strong>OBITER</strong><br />
and may be suffering from FAS and<br />
FAE.<br />
The only mitigating factors are his<br />
guilty plea and the fact he gave a partly<br />
inculpatory statement to police.<br />
Sentence: Two and a half years in jail<br />
for the sexual assault; three and one-half<br />
years imprisonment for the aggravated<br />
assault; six months concurrent on the<br />
breach of probation by having contact;<br />
one month concurrent on the breach of<br />
probation by being within 10 meters of<br />
the residence; six months consecutive<br />
for the assault on the third victim; one<br />
month concurrent for possessing the<br />
weapon. Credited with 20 months time<br />
served, so the sentence effectively totals<br />
six and a half years, leaving 58 months<br />
to serve. Recommended that the<br />
sentence be served at the River Ridge<br />
facility. DNA orders and an order<br />
under the Sex Offender Information<br />
Registration Act. Lifetime firearms<br />
prohibition. Waived the victim of crime<br />
surcharge.<br />
CASES CITED<br />
R v. Mitchell, 2005 NLTD 80 (CanLII)<br />
R v. Harris, 2004 MBPC 4738 (CanLII<br />
R. v. Rusk, 2006 ABPC 365 (CanLII)<br />
R v. Major, (1996) 48 C.R. 296<br />
R. v. Raddi, 2001 NWTSC 50<br />
+21 more<br />
R v. Omilgoituk<br />
2010 NWTSC 08<br />
Presiding: Justice D. M. Cooper<br />
For the Crown: J. Walsh<br />
For the Accused: T. Boyd<br />
Accused charged with two counts of<br />
having endangered the lives of his twin<br />
children, and one count of assault<br />
against his spouse by uttering threats.<br />
The twin children were born in June of<br />
2008; in October, the female baby was<br />
admitted to hospital with pneumonia<br />
and found to have four fractured ribs<br />
and a fractured ulna. The male baby<br />
was examined and found to be suffering<br />
from four fractures of his ribs and<br />
corner fractures to both femurs. The<br />
injuries had been inflicted over a period<br />
of weeks, and were life threatening.<br />
The mother had been repeatedly<br />
assaulted by the accused during her<br />
pregnancy, and testified to his assaults<br />
of the children. The accused gave an<br />
inculpatory warned statement.<br />
A pre-sentence report was prepared.<br />
The accused is 27 years old, with a<br />
grade 10 education. He had a very<br />
difficult childhood and was beaten by<br />
his alcoholic father. He was adopted at<br />
a young age and by 8 years of age was<br />
consuming alcohol and abusing<br />
solvents. At the time of the offences he<br />
was smoking marijuana in large<br />
quantities. He had a youth criminal<br />
record, but no adult record. The presentence<br />
report was not favourable,<br />
indicating that the accused was highly<br />
manipulative and his remorse was<br />
likely more that he had been caught<br />
than sincere remorse about the effects of<br />
his actions on his spouse and children.<br />
"It is truly difficult to comprehend how<br />
someone who has brought infant<br />
children into the world can be so<br />
callous, selfish, and immoral as to<br />
deliberately injure them to the point<br />
that their lives were in jeopardy and go<br />
so far as to place one of them in a<br />
refrigerator." (at p. 10, line 12).<br />
There are three categories of offenders<br />
in child abuse cases: (1) the application<br />
of force with the expectation of causing<br />
injury or indifference to it; (2) the<br />
application of force where the parent<br />
was immature and unskilled and acting<br />
out of emotional upset, frustration, or<br />
temper and did not fully appreciate that<br />
serious injuries might result; and (3)<br />
diminished responsibility through<br />
mental disorder where the abnormal<br />
mental condition of the accused<br />
requires that his treatment be given<br />
priority over the principles of general<br />
and individual deterrence. "[The fact<br />
that] he is not the most serious offender<br />
… is most likely more the result of good<br />
luck than any restraint on his part." (at<br />
page 13, line 6).<br />
Sentence: On count 1, 30 months in jail,<br />
an additional 30 months concurrent on<br />
count 2, and 6 months on count 3.<br />
Credit of 20 months for pre-trial<br />
custody; DNA order, mandatory<br />
firearms prohibition for ten years. No<br />
victim of crime surcharge.<br />
CASES CITED<br />
R. v. Evans [1996] A.J. No. 233 (Alta Prov. Ct.)<br />
R. v. Weiler, [1991] P.E.I.J. No. 80 (P.E.I. S.C.)<br />
R. v. T.J.V., [2000] N.W.T.J. No. 51 (N.W.T. S.C.)<br />
R. v. Klotz, [2004] B.C.J. No. 3033 (B.C.S.C.)<br />
R. v. M.J.S. [2006] A.J. No. 928 (Alta. C.A.)<br />
R. v. A.N.C. [2006] CanLII 26163 (Ont. S.C.)<br />
R. v. M.A.F., [2007] N.B.Q.B. 407 (N.B.Q.B.)<br />
R. v. MacDonald, [2009] M.J. No. 96 (Man.C.A.)<br />
R v. Dahlberg<br />
2010 NWTSC 13<br />
Presiding: Justice J. Z. Vertes<br />
For the Crown: S. Smallwood<br />
For the Accused: T. Boyd<br />
The accused was charged with two<br />
counts, aggravated assault and assault<br />
causing bodily harm. The victim is the<br />
accused's son who was five and a half<br />
months old at the time of the incident.<br />
The learned Justice found the accused<br />
guilty of aggravated assault on the facts,<br />
and entered a judicial stay on the<br />
second count. Sentencing adjourned.
MARCH 2010 | 11<br />
NWT LEGISLATIVE NEWS<br />
by Mark Aitken, Director of Legislation Division, GNWT Justice<br />
NOTE: THE NWT LEGISLATIVE NEWS IS<br />
NOT A COMPREHENSIVE REPORT OF<br />
LEGISLATIVE ENACTMENTS. ONLY<br />
ITEMS CONSIDERED TO BE OF<br />
INTEREST TO THE BAR ARE LISTED.<br />
EMPLOYMENT STANDARDS ACT<br />
The Employment Standards Regulations,<br />
were amended by regulations made<br />
on February 25, 2010 and registered as<br />
R-012-2010, to increase the minimum<br />
wage from $8.25 to $9.00 per hour<br />
effective April 1, 2010, and to provide<br />
for a further increase to $10.00 per<br />
hour effective April 1, 2011.<br />
EXEMPTIONS ACT<br />
Bill 10, entitled the Exemptions Act and<br />
replacing the existing Exemptions Act,<br />
received Assent on February 26,<br />
2010. The categories of property that<br />
are exempt from seizure under a writ<br />
of execution are updated and<br />
expanded to include types of property<br />
essential for subsistence of the debtor<br />
and his or her dependants.<br />
Transitional matters are provided for,<br />
and the Public Service Garnishee Act is<br />
consequentially amended. The new<br />
Act has not yet been brought into<br />
force.<br />
MEDICAL PROFESSION ACT<br />
Bill 3, entitled the Medical Profession<br />
Act and replacing the existing Medical<br />
Profession Act, received Assent on<br />
February 26, 2010.<br />
The new Act,<br />
which modernizes the processes for<br />
the registration and discipline of<br />
medical practitioners in the<br />
Northwest Territories, provides for<br />
transitional matters and makes<br />
consequential amendments to the<br />
Ophthalmic Medical Assistants Act and<br />
the Pharmacy Act, comes into force on<br />
April 6, 2010 by virtue of a<br />
commencement order registered as SI-<br />
001-2010 on March 22, 2010. Note also<br />
that new Medical Profession Regulations<br />
replacing the Medical Profession<br />
Regulations, R.R.N.W.T. 1990, c.M-5, ,<br />
were made on March 22, 2010 and<br />
registered as R-021-2010. The new<br />
regulations also come into force on<br />
April 6, 2010.<br />
PUBLIC TRUSTEE ACT<br />
The Public Trustee Fees Regulations,<br />
were amended by regulations made<br />
on February 22, 2010 and registered as<br />
R-010-2010, to establish fees payable<br />
to the Public Trustee in respect of<br />
services relating to the administration<br />
of the affairs of a person under a<br />
power of attorney.<br />
SUMMARY CONVICTIONS<br />
PROCEDURES ACT<br />
Bill 7, amending the Summary<br />
Conviction Procedures Act, received<br />
Assent and came into force on<br />
February 26, 2010.<br />
The amendments<br />
provide that a justice may enter a<br />
conviction and impose the specified<br />
penalty where a person who has been<br />
summonsed to appear before the<br />
justice by way of ticket fails to either<br />
pay the specified penalty or to appear<br />
as summonsed.<br />
The maximum fine<br />
for failing to appear before a justice as<br />
required is increased, and formalities<br />
relating to informations are<br />
clarified. Minor amendments are also<br />
made to ensure consistency of<br />
terminology.<br />
Note also that related<br />
regulations amending the Plea of<br />
Guilty Form in the Summary<br />
Conviction Procedures Regulations, also<br />
coming into force on February 26,<br />
2010, were made on on February 26,<br />
2010 and registered as R-015-2010.<br />
WORKERS’ COMPENSATION ACT<br />
Bill 11, amending the Workers’<br />
Compensation Act, received Assent and<br />
came into force on February 26,<br />
2010. The amendments broaden the<br />
presumption that certain types of<br />
diseases are out of a fire fighter's<br />
employment, and adjust the<br />
requirements limiting the maximum<br />
period of service on the Governance<br />
Council.<br />
IT’S ALL ONLINE!<br />
Find Certified Bills, Consolidations of<br />
Acts, Regulations and Court Rules, and<br />
the Northwest Territories Gazette at the<br />
GNWT website:<br />
http://www.justice.gov.nt.ca/<br />
Legislation/SearchLeg&Reg.shtml
12 | <strong>ARCTIC</strong> <strong>OBITER</strong><br />
S.C.C. UPDATE<br />
HERE IS A SUMMARY OF ALL APPEALS AND ALL LEAVES TO APPEAL (ONES GRANTED – SO YOU KNOW<br />
WHAT AREAS OF LAW THE S.C.C. WILL SOON BE DEALING WITH IN CASE ANY MAY BE AN AREA OF<br />
LAW YOU’RE LITIGATING/ADVISING/MANAGING). FOR LEAVES, I’VE SPECIFICALLY ADDED IN BOTH<br />
THE DATE THE S.C.C. GRANTED LEAVE AND THE DATE OF THE C.A. JUDGMENT BELOW, IN CASE YOU<br />
WANT TO TRACK AND CHECK OUT THE C.A. JUDGMENT.<br />
APPEAL JUDGMENTS<br />
CRIMINAL LAW: EXCLUSION OF<br />
EVIDENCE<br />
R. v. Beaulieu (Que. C.A., April 27, 2009) (33181)<br />
2010 SCC 07 (LexUM) | February 25, 2010<br />
RCMP officers obtained a warrant<br />
authorizing them to intercept the<br />
accused's private communications, and<br />
while installing listening devices in his<br />
car, found a hidden compartment<br />
containing a leather case with a loaded<br />
firearm. The evidence was included. As<br />
Justice Charron wrote (at p. 5) “…a<br />
*loaded+ gun is reliable evidence”.<br />
CRIMINAL LAW: S.24 (1);<br />
SENTENCING; STATUTORY<br />
MINIMUMS<br />
R. v. Nasogaluak (Alta. C.A., November 14, 2007)<br />
(32423)<br />
2010 SCC 06 (LexUM) | February 19, 2010<br />
The S.C.C. held:<br />
where state misconduct relates to the<br />
offence or the offender, the<br />
sentencing judge may properly take<br />
relevant facts into account in crafting<br />
a fit sentence, without having to<br />
resort to s. 24(1)<br />
state misconduct which does not<br />
amount to a Charter breach but which<br />
impacts the offender may also be a<br />
relevant factor in crafting a fit<br />
sentence<br />
where state misconduct does not<br />
relate to the offence or the offender,<br />
however, the accused must seek his<br />
or her remedy in another forum<br />
a sentence reduction outside<br />
statutory limits does not generally<br />
constitute an "appropriate" remedy<br />
within the meaning of s. 24(1)<br />
the possibility is not foreclosed that<br />
in some exceptional cases, a sentence<br />
reduction outside statutory limits<br />
may be the sole effective remedy for<br />
some particularly egregious form of<br />
misconduct by state agents.<br />
CRIMINAL LAW: CHILD PORN;<br />
SEARCH WARRANT<br />
R. v. Morelli (Sask. C.A., May 15, 2008) (32741)<br />
2010 SCC 08 (LexUM) | March 19, 2010<br />
A search warrant based on information<br />
originating with a computer technician<br />
(and also containing information<br />
obtained by police about child<br />
pornography generally) who arrived<br />
unannounced at an accused’s house to<br />
install a high-speed internet connection<br />
is contrary to s. 8 or the Charter. The<br />
accused lived with his wife and two<br />
children, aged 3 and 7, but was alone<br />
that particular day with his younger<br />
daughter. When the technician opened<br />
the accused's web browser, he noticed<br />
several links to both adult and child<br />
pornography sites in the taskbar's<br />
"favourites" list, including two that were<br />
labelled "Lolita Porn" and "Lolita XXX".<br />
He also saw a pornographic image, but<br />
he could not remember afterwards if it<br />
was on the browser's home page or on<br />
the computer desktop. In the room, he<br />
noticed home videos and, on a tripod, a<br />
webcam that was connected to a<br />
videotape recorder and pointed at the<br />
toys and at the child. Unable to finish<br />
his work on that day, the technician<br />
returned the following morning and<br />
noted that everything had been "cleaned<br />
up": the child's toys had been placed in a<br />
box, the videotapes could no longer be<br />
seen, the webcam was pointed at the<br />
computer user's chair and the computer<br />
hard drive had been "formatted”.<br />
Convicted at trial, convicted by C.A.,<br />
acquitted by the S.C.C.<br />
TORTS 101<br />
Fullowka v. Pinkerton's of Canada Ltd. (NWT C.A.,<br />
May 22, 2008) (32735)<br />
2010 SCC 05 (LexUM) | February 18, 2010<br />
During a strike at a mine, the mine<br />
owner decided to continue operating the<br />
mine with replacement workers. The<br />
strike degenerated into violence, there<br />
were attacks on private security guards<br />
who were unable to control the<br />
situation, and the mine owner turned to<br />
Pinkertons for security services who had<br />
at one point 52 guards on site. Mr.<br />
Warren evaded security, entered the<br />
mine, and while underground, planted<br />
an explosive device which killed nine<br />
miners. Mr. O’Neill was among the first<br />
on the scene and discovered<br />
dismembered bodies, including a close<br />
friend. The S.C.C. held:<br />
the security firm and government<br />
owed a duty of care, but had not<br />
breached that duty
MARCH 2010 | 13<br />
NOTICES<br />
The Supreme Court of the Northwest Territories<br />
Court of Appeal of the Northwest Territories<br />
SCHEDULING NOTICE<br />
TO MEMBERS OF THE BAR<br />
PLEASE TAKE NOTICE THAT THE NEXT SUPREME COURT<br />
GENERAL CRIMINAL LIST WILL BE CALLED ON:<br />
Wednesday, May 19 th 2010 at 14:00 hrs<br />
NOTE:<br />
AT YELLOWKNIFE NT<br />
IN COURTROOM #1<br />
1. All Counsel (Crown & Defence) with pending matters are to attend the<br />
Calling of the List, either personally or by agent.<br />
2. For those pending matters in which the Accused person has elected trial<br />
by Judge and Jury, counsel (both Crown & Defence) are to advise the<br />
presiding Judge at the time of, or prior to, the Calling of the List whether<br />
the matter will indeed be proceeding as a contested Jury Trial and, if so,<br />
the estimated duration of the Jury Trial.<br />
3. For those with Summary Conviction Appeals, please be reminded of<br />
Rule 117 of the Criminal Rules of the NWT.<br />
NOTICE TO MEMBERS OF THE BAR<br />
PLEASE TAKE NOTICE THAT THE LIST OF CASES PENDING AND THE<br />
GENERAL APPEAL LIST WILL BE CALLED BY A JUDGE IN CHAMBERS ON<br />
Wednesday, May 19th, 2010 at 1500 hrs<br />
at Yellowknife NT<br />
IN COURTROOM #1<br />
for the Court of Appeal Assize commencing<br />
June 15th, 2010<br />
COUNSEL ARE REMINDED OF THE FOLLOWING NEW FILING<br />
DEADLINES FOR APPEALS FILED AFTER MARCH 1, 2006:<br />
CIVIL APPEALS and CRIMINAL APPEALS<br />
a) Appeal books must be filed not later than 12 weeks from the date on<br />
which the notice of appeal was filed.<br />
b) Appellant’s Factums must be filed within 60 days of filing of the appeal<br />
book or within 7 months of the notice of appeal whichever date is<br />
earliest.<br />
c) Respondent’s factum must be filed within 30 days of being served the<br />
appellant’s factum.<br />
d) Only those appeals that have been perfected as at May 19th, 2010 will<br />
be set for hearing at the June 15th, 2010 assize.<br />
the trial judge's findings of liability<br />
against the union cannot be<br />
sustained<br />
the claims of Mr. O'Neil should have<br />
been dismissed<br />
Pinkerton's and the government did<br />
owe a duty of care to the murdered<br />
miners to take reasonable steps to<br />
prevent Mr. Warren's intentional<br />
wrongful act, but did not breach that<br />
duty.<br />
LEAVES TO APPEAL<br />
GRANTED<br />
ABORIGINAL LAW: MÉTIS<br />
Her Majesty the Queen in Right of Alberta (Minister<br />
of Aboriginal Affairs and Northern Development) and<br />
the Registrar, Métis Settlements Land Registry v.<br />
Barbara Cunningham, et al. (Alta. C.A., June 26,<br />
2009) (33340) March 11, 2010<br />
Is the Alberta Métis Settlements Act<br />
unconstitutional by prohibiting<br />
individuals with Indian status obtaining<br />
Métis settlement membership.<br />
CRIMINAL LAW: DELAY<br />
John Schertzer, Steven Correia, Joseph Miched,<br />
Nebojsa Maodus and Raymond Pollard v. Her<br />
Majesty the Queen (Ont. C.A., October 28, 2009)<br />
(33519) March 11, 2010<br />
Members of the Toronto Police Force<br />
were charged in January 2004 with a<br />
series of offences, including attempt to<br />
obstruct justice.<br />
On consent of the<br />
parties, the suggested target trial date<br />
was January 2008.<br />
By the end of<br />
December 2007, it became clear the pretrial<br />
motions would not be completed in<br />
time to start the trial on that date, and<br />
the trial was rescheduled.<br />
Is this a<br />
constitutionally impermissible delay.<br />
Eugene Meehan, Q.C., is a Litigation Partner<br />
at Lang Michener, Ottawa. His primary area<br />
of work is with the Supreme Court of Canada,<br />
mainly assisting other lawyers in taking cases<br />
(both Leave to Appeal and Appeal). He also<br />
does Public Law generally. For previous<br />
summaries, and to keep up-to-date with all<br />
SCC appeals and leave to appeals, contact<br />
Eugene at emeehan@langmichener.ca.
14 | <strong>ARCTIC</strong> <strong>OBITER</strong><br />
NOTE: REGISTRATION FEES MAY APPLY.<br />
ARBITRATION 101:<br />
FAMILY STATUS<br />
APRIL 13, 2010 | 12:00 pm<br />
Champagne Room, Yellowknife<br />
The scope of “Family Status” as an<br />
enumerated ground of discrimination<br />
is yet to be clearly defined in the NWT<br />
and in many other Canadian<br />
jurisdictions. Join Alberta Arbitrator<br />
Allen Ponak for a presentation on this<br />
emerging ground of discrimination,<br />
with a special focus on the aspect of<br />
parental obligations.<br />
MENTAL HEALTH ISSUES AND<br />
THE CRIMINAL JUSTICE SYSTEM<br />
APRIL 14, 2010 | 12:00 pm<br />
Champagne Room, Yellowknife<br />
In criminal law, a "guilty" or "not<br />
guilty" plea or verdict is not always<br />
achievable. In the pursuit of a fair<br />
trial, it is often vital to assess the<br />
mental competency and abilities of the<br />
UPCOMING EVENTS<br />
purpetrator and, in some cases, the<br />
victim.<br />
Join the Hon. Judge Christine Gagnon<br />
of the Territorial Court as she<br />
discusses the essentials all criminal<br />
lawyers should know when<br />
considering the mental stability and<br />
well-being of all those involved. Judge<br />
Gagnon will address particularities<br />
that arise when dealing with an<br />
accused with potential mental<br />
illnesses, including assessments to<br />
determine fitness to stand trial or be<br />
held criminally responsible, and the<br />
associated ethical challenges for<br />
lawyers.<br />
DEALING WITH DIFFICULT<br />
CLIENTS<br />
APRIL 21, 2010 | 12:00 pm<br />
Location TBA<br />
Check the weekly bulletin or online<br />
calendar for more details.<br />
MEETINGS<br />
PUBLIC SECTOR LAWYERS<br />
FORUM<br />
APRIL 8, 2010 - 12:00pm<br />
Law Society Boardroom<br />
FAMILY LAW SECTION<br />
APRIL 9, 2010 - 12:00pm<br />
Law Society Boardroom<br />
LEGAL ETHICS & PRACTICE<br />
COMMITTEE<br />
APRIL 20, 2010 - 12:00pm<br />
Law Society Boardroom<br />
STAY CURRENT<br />
Find events on the Law Society website:<br />
www.lawsociety.nt.ca/<br />
membership/calendar.html
MARCH 2010 | 15<br />
RESOURCES<br />
The Law Society<br />
of the NWT and<br />
the<br />
B r a n c h<br />
Law Firm Lessons of the Great<br />
Recession<br />
The Rise of Client Collaboration<br />
A Little Something in Writing to<br />
Remember It By<br />
Find it all here:<br />
www.cba.org/PracticeLink<br />
CBA—NWT<br />
h a v e<br />
partnered with Human Solutions to offer<br />
our members free, private and<br />
confidential professional counseling and<br />
consultation for the resolution of personal<br />
issues or work related difficulties.<br />
This service is available 24 hours a day, 7<br />
days a week. Call any time.<br />
1-800-663-1142<br />
WHAT’S NEW ON<br />
CBA PRACTICELINK<br />
Practice Advisors<br />
The Practice Advisors from the<br />
Law Society of Alberta are<br />
available to discuss legal, ethical and<br />
practice concerns, and personal matters<br />
such as stress and addiction. Members<br />
are invited to contact the Practice<br />
Advisors at any time:<br />
Ross McLeod (Edmonton)<br />
Tel:<br />
780-412-2301 or<br />
1-800-661-2135<br />
Fax: 780-424-1620<br />
ross.mcleod@lawsocietyalberta.com<br />
Nancy Carruthers (Calgary)<br />
Tel:<br />
403-229-4714 or<br />
1-866-440-4640<br />
Fax: 403-228-1728<br />
nancy.carruthers@lawsocietyalberta.com<br />
The Canadian Legal Information Institute<br />
Making Canadian law accessible for<br />
free on the internet.<br />
www.canlii.org<br />
Mentor Program<br />
Members from Northwest<br />
Territories and Nunavut are<br />
invited to call the office of the Practice<br />
Advisor and ask for the Mentor Program.<br />
Please be advised that not all of the<br />
mentors may be totally familiar with NT<br />
statutes and practice. There is no cost.<br />
1-888-272-8839<br />
The Legal Profession<br />
Assistance Conference (LPAC) of the<br />
Canadian Bar Assocation is dedicated to<br />
helping lawyers, judges, law students and<br />
their families with personal, emotional,<br />
health and lifestyle issues through a<br />
network of Lawyer Assistance Programs,<br />
a national 24-hour helpline and Provincial<br />
Programs. If you need assistance, please<br />
call the helpline or visit their website.<br />
1-800-667-5722<br />
www.lpac.ca
THE LAWYER REFERRAL SERVICE<br />
A SIMPLE, FREE WAY<br />
TO CONNECT YOU WITH THE PUBLIC<br />
The Lawyer Referral Service pairs the public with<br />
lawyers, improving the public’s access to proper legal<br />
advice and representation and access to justice.<br />
Call it free advertising. Call it a public service.<br />
Whatever you call it, it works.<br />
With an average of 5 requests a day, the Service<br />
proves people are looking for legal advice.<br />
Add your name to the Lawyer Referral Service today.<br />
Help yourself and the public.<br />
IT’S AS EASY AS 1, 2, 3!<br />
Visit lawsociety.nt.ca today.<br />
This Service is available to the public via web and telephone. The complete list of lawyers who have volunteered for the Service is available on the Law<br />
Society website (www.lawsociety.nt.ca) and is organized by practice area. By telephone, callers with access to the internet are first referred to the complete<br />
list online, and then referred to three lawyers chosen randomly from the same lists. There is no fee for the public or for lawyers to use this Service.