The Power of Perspectives

The Canadian Bar Association
National Volunteer Week

Outstanding CBA volunteer: Patricia Hebert

By CBA/ABC National April 18, 2018 18 April 2018

Outstanding CBA volunteer: Patricia Hebert

 

CBA National: What is your main motivation for giving back as a CBA volunteer?

Patricia Hebert: In my chosen area of focus, family law, I enjoy helping families get through tough times with a view to a better future. I have come to learn how important it is to choose the right processes to help families succeed and children to have happy healthy environments. In litigation, mediation, and collaborative family law, I can help one family at a time. By volunteering to find paths to make the law, processes and practices better, I can have a role in impacting many families at once and over a span of time. We also have stronger voices as a cohesive legal profession interested in positive change. We can do so much more together than we can as individuals. 

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The Pitch 2018

Getting to know The Pitch finalists: Evichat

By Yves Faguy April 17, 2018 17 April 2018

 

As part of a weekly series leading up to The Pitch 2018, the legal innovation startup competition put on by the Canadian Bar Association and Law Made in partnership with LexisNexis, we’re publishing interviews with the five selected finalists to get to know them better.  This week’s Q&A is with Puneet Tiwari (featured in the above video), CEO and co-founder of Evichat, which offers a virtual legal platform dedicated to improving access to justice for regular people.

CBA National: What are the origins of Evichat?

Puneet Tiwari : After law school one of my first summer gigs was working for Shelby Austin at ATD Legal Services, before it was purchased by Deloitte. That was my first exposure to e-discovery. I thought, “Wow, there’s a huge industry here that I didn’t even know about.” After, I articled at a very small firm in the West End of Toronto and then I was hired on. There I slowly realized that almost every single client was bringing me some kind of evidence on their mobile devices — they were sending me screenshots of text messages, or forwarding me 20 emails on a Sunday night, because their boss was harassing them or whatnot. It was just you know data from their mobile phones. I thought to myself, “there has to be a better way to get this.” One screenshot is manageable, but when you get to 20 screenshots, it no longer is. So I tried to look for a solution online that I could pay for, but couldn’t find one. And then I got together with my co-founder who’s a Waterloo engineer. I pitched the idea to him and he said he could build this. And here we are.

N: And so Evichat collects all types of mobile data?

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Division of powers

Kinder Morgan: Democracy and rule of law at work

By Yves Faguy April 17, 2018 17 April 2018

Kinder Morgan: Democracy and rule of law at work

Part of the plan to get the back on track the promise from the Trudeau government that it will introduce legislation that reasserts federal authority over the Trans Mountain project, in addition to backstopping the project with some financial help.  Andrew Coyne is relieved that a better-late-than-never mix of measures holds some promise to get the project back on track. Chantal Hébert worries that the federal government will soon find itself having to defend lawsuits on two fronts.  The first comes from BC (and possibly supported by Quebec) on the province’s constitutional power to regulate the environment on its territory versus Ottawa’s power to carry out infrastructure projects in the strategic national interest.  The second is the threat of legal action from Manitoba and Saskatchewan that would challenge the federal government’s carbon tax plans.

Before the Sunday Summit between Trudeau, Alberta Premier Rachel Notley and B.C. Premier John Horgan, David Moscrop wrote offered up a useful reminder that the “political intractability” surrounding the Kinder Morgan crisis is – in spite of what some commentators are peddling – is really part of Canada’s slow and plodding democratic process:

What we’re seeing with the Kinder Morgan Trans Mountain pipeline debate is democracy, federalism, and the rule of law at work: a divided country working out their opinions on the matter, split jurisdiction actors pursuing their interests, responsive governments keeping their promises, political and legal battles across several sites of licit contestation—and, to boot, a market response of potentially pulling the plug on the project as shareholders vote with their confidence and their dollars.

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National Volunteer Week

Outstanding CBA Volunteer: Mahmud Jamal

By CBA/ABC National April 17, 2018 17 April 2018

Outstanding CBA Volunteer: Mahmud Jamal

 

CBA National: What is your main motivation for giving back as a CBA volunteer?

Mahmud Jamal: The CBA is the national voice of the legal profession in Canada, so it’s important for all of us to contribute to it if we want a strong legal profession that plays its proper role in Canadian society. I’ve always considered myself very lucky to be a lawyer in one of the freest and most tolerant countries in the world. Volunteer work for the CBA is one small way of thanking a profession that has provided so many opportunities for me.

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National Volunteer Week

Outstanding CBA Volunteer: Nancy Birt

By CBA/ABC National April 17, 2018 17 April 2018

Outstanding CBA Volunteer: Nancy Birt

 

CBA National: What is your main motivation for giving back as a CBA volunteer?

Nancy Birt: I recall that as one of my first volunteer involvements with CBA, I was asked to be a member of the PEI branch committee of the Gender Equality Task force, which resulted in the Wilson Report “Touchstones for Change”.  As a young woman in the profession at that time, I felt that CBA was trying to listen to my experiences and offer support. I was also a young entrepreneur, having opened my own law firm with one other woman in Charlottetown in 1993, the same year the “Touchstones for Change Report” was released. My business partner and I were raising our young children and trying to practice law in a way that was not traditional but worked for our families. CBA was an important voice in our profession and support in that time. Throughout my practice, I continued to volunteer my time in other ways with CBA, on other committees, and then on the PEI branch executive, and now as a national board member. I strongly believe in the values of CBA and the role it plays as the voice of the legal  profession. Throughout my career, I have benefitted from the work of the CBA and have felt personal satisfaction in being a volunteer. Ultimately, I hope that my volunteer time with CBA contributes to a vibrant and healthy organization that continues to be the leading voice of the legal profession for many years to come.     

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Arbitration

Bringing the dispute in time

By Alexander Gay April 16, 2018 16 April 2018

Bringing the dispute in time

When to commence arbitration is no small matter for a business to consider, particularly when there is a time bar clause in its commercial agreement.  And yet time bar clauses, which can shorten the limitation period found in a provincial limitations law, are rarely used and often misunderstood by counsel.

A contractual time bar clause in an arbitration agreement will typically require a party to commence arbitration within a given period of time, failing which it will not be able to assert the claim either in an arbitration forum or before the courts (though this must be stated clearly).

This type of clauses offers the promise of bringing certainty into a commercial relationship; or parties will use it in circumstances where the evidence supporting a claim is susceptible to immediate loss.

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National Volunteer Week

Outstanding CBA volunteer: Kamaljit Lehal

By CBA/ABC National April 16, 2018 16 April 2018

Outstanding CBA volunteer: Kamaljit Lehal

 

CBA National: What is your main motivation for giving back as a CBA volunteer?

Kamaljit Lehal: It’s as simple as giving back to the profession. I have been practising for going on 28 years. The initial years as a lawyer was adjusting to the business of law since I had set up my own firm a few years after becoming a lawyer. After settling into my law practice I decided to have a family. So the next decade was having and raising four children while practising law. During this time I wasn’t able to really give back to the profession. Now that my children are older I have been able to make time to take on some roles that I thought I could add some value to in the CBA. I have thoroughly enjoyed the opportunities I have been given.

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National Volunteer Week

Outstanding CBA volunteer: Mark Power

By CBA/ABC National April 16, 2018 16 April 2018

Outstanding CBA volunteer: Mark Power

 

CBA National: What is your main motivation for giving back as a CBA volunteer?

Mark Power: My main motivation for giving back as a CBA volunteer is the example given by more senior lawyers before I really got to know the CBA. I became involved very early in my career with the CBA, primarily through it annual conferences. The CBA opened my eyes to our role, as lawyers, as guardians of the rule of law throughout the country.

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National Volunteer Week

Outstanding CBA volunteer: Suzanne Morin

By CBA/ABC National April 16, 2018 16 April 2018

Outstanding CBA volunteer: Suzanne Morin

 

CBA National: What is your main motivation for giving back as a CBA volunteer?

Suzanne Morin: The work of the CBA is extremely important. I have been impressed by the level of work the CBA and its members produce. Because our CBA membership is broad based, CBA positions are for the most part very well thought through and often provide a reasonable position for Canada. Legislators and regulators alike seriously consider our positions. I am proud to be part of such an organization.

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National Volunteer Week

The value of volunteering

By Yves Faguy April 16, 2018 16 April 2018

The value of volunteering

 

In the spirit of National Volunteer Week, CBA National will be profiling outstanding CBA members who have made a difference.  To set the stage we caught up with CBA Vice-President Ray Adlington of McInnes Cooper in Halifax to talk about what volunteering has taught him, the impact it can have on a lawyer’s career and community and how to best get involved. 

CBA National: What have you learned from giving your time to help the profession and interacting with other volunteers?

Ray Adlington: Mostly how much we as lawyers have in common in terms of our intrinsic motivators. The majority of lawyers get into this profession because they want to serve others. We all have achievement-related goals that we want out of our careers. And all of us want to be good family members, whatever that may mean in terms of what stage your family and you happen to be at. In terms of common challenges, we face multiple demands from different clients. If you’re working for a single corporation or you’re a government lawyer then you’re facing challenges from multiple departments. We’re juggling all that in our professional lives and all of that is subject to ethical boundaries that those with whom we are working don’t always understand. The other insight I have gained is how challenging it is, even today, for women, lawyers of colour and members of the LGBT2-IS communities, to find their place in the profession given the existing pressures on them to conform. They face a particular challenge in remaining authentic to themselves. 

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Criminal justice

Challenge to victim surcharge heads to Supreme Court

By Justin Ling April 13, 2018 13 April 2018

Challenge to victim surcharge heads to Supreme Court

Could this be the last act of the mandatory victim surcharge?

The Supreme Court is hearing arguments next week on whether the automatic restitution constitutes cruel and unusual punishment, under Section 12 of the Charter.

The hearing will finally bring to a head many of the problems and deficiencies that have been attributed to the mandatory surcharge.

Even though the current government has been critical of the way the mandatory victim surcharge was set up under its predecessor, its submissions to the court were short and pointed.

“The victim surcharge does not constitute an indefinite sentence,” the Crown’s submission reads. They note that the Criminal Code lays out the amount that must be paid, the deadline it must be paid by, and how it can be paid. The fact that the surcharge can be paid through work or incarceration “doesn’t alter its nature,” the factum reads.

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Privacy

Regulating Facebook to make it an information fiduciary

By Yves Faguy April 12, 2018 12 April 2018

Regulating Facebook to make it an information fiduciary

 

 

If anything, Mark Zuckerberg’s testimony before Congress this week has succeeded in kicking off a debate about how to go about regulating companies like Facebook has begun, even though it is not entirely clear yet to lawmakers what, exactly, they think requires their intervention.

In fact, they seem more inclined to ask Facebook how it thinks it should be regulated, in large part because it’s dawning on everyone that Facebook’s business isn’t always easily described – some would call it a shape shifter. Which is a fair description when one considers it is at once a media company, a business that trades in personal data or a tech platform.

Ultimately though, what matters is that Facebook makes money off people’s personal data, and so the real issue is, how do we get companies like it to handle that data responsibly? Here’s one interesting suggestion from Jack M. Balkin who raises some interesting questions at the intersection of personal data use and artificial intelligence. He proposes that lawmakers ensure that online service providers become “information fiduciaries” vis-à-vis their customers, clients, and end users:

We provide lots of information about ourselves — some of it quite sensitive — to people and organizations who owe us fiduciary duties or duties of confidentiality. And when we provide this information, we have, and should have, a reasonable expectation that they will respect our privacy. We have a reasonable expectation that disclosing this information to them, or allowing them to collect it from us, is not the same as making the information available to the public generally. We have a reasonable expectation, in other words, that people and organizations who owe duties of trust and confidence to us will not betray us. Indeed, the law creates and recognizes relationships of trust and confidence precisely because it wants people to have reasonable expectations of privacy in certain relationships.

To some degree, the coming into force of the EU’s General Data Protection Regulation (GDPR) is a step in that direction by forcing companies through corporate data governance to more take better care of people’s data. Balkin, however, recognizes the inherent limits, however to this solution:

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