Law Times

Law Times • December 6, 2010 NEWS PAGE 5 'It's the fact they believed her over me' Continued from page 1 female lawyers ever since she be- came the first female partner at Miller Thomson LLP. She was also the firm's first female lawyer. According to McCallum, her troubles began during a bitter family law case when the opposing counsel, a younger female lawyer, allegedly began making rude comments about her age. They included an ac- cusation that McCallum had a reputation for being confused. Things came to a head after a meeting at the courthouse when the younger lawyer asked McCal- lum about a Harley-Davidson motorcycle whose ownership was in dispute. McCallum claims the younger lawyer got aggressive, snapping her fingers in her face. "Focus, focus. The only thing you have to concentrate on is transferring the motorcycle," McCallum says she was told before the other lawyer threat- ened to report her to the law society for ignoring a court order. "There was no court order," McCallum says. "That's extor- tion. If you think someone has done something wrong, then re- port it. You can't use the possibil- ity of a complaint as a threat." In response, McCallum launched her own complaint against the lawyer. "I just want- ed an acknowledgment that it's wrong to threaten me in that way," she says. "It's got com- pletely out of control." In the lawyer's response, she alleged it was McCallum who had made derogatory and con- descending comments about her youth throughout the pro- ceedings, accusing her of label- ling her a "young girl." She also alleged McCallum was "disrespectful and called both her and her client liars." On another occasion, the younger lawyer said McCal- lum "screamed at her and lost complete control." McCallum denies those allegations. The younger lawyer, whom McCallum won't identify due to her belief she's not allowed CSIC able to reapply Continued from page 1 the law society's 200-year track record of successful regulation and disci- pline and noted paralegals must carry professional liability insurance. Surowiak tells Law Times the exemption will save paralegals who practise immigration law more than $3,000 per year in fees paid to remain members of CSIC. "The [paralegal society] and the law society were on the same page with this, and we're re- ally pleased with the result," he says, adding he rejects the idea that only lawyers should be able to handle immigration matters. "We have to show we're competent in the area of law we practise in, and there's plenty of courses out there to ensure that paralegals are competent to practise in immigration law. The public is pro- tected using the services of a paralegal. They offer a lot of talent and are quite able to handle immigration matters." But if there is a role for non-lawyers in immigration applica- tions, Karas says they should be able to operate only under the strict supervision of lawyers. "In the ideal world, the role of the immigration consultant should be the same as a dental hygienist who works under the dentist's supervision. If these people want to practise law so badly, let them go to law school." In its representations to the standing committee in October, the Canadian Bar Association also recommended the government allow consultants to work only under lawyers. Still, Chantal Arsenault, a lawyer at Ogilvy Renault LLP in Montreal and chairwoman of the CBA's national citizenship and immigration law section, noted the or- ganization hasn't yet taken a position on the role of LSUC paralegals. "Immigration lawyers should be the ones providing immigration advice," she says. "We don't question that in other fields in terms of who are the best-equipped people to give legal advice. Why should we question it here? Lawyers have many years of training to have the tools necessary to evaluate all of the aspects of the situation, more than just one or two courses on immigration." Nevertheless, Arsenault says the legislation's goal of stamping out so-called ghost consultants, who in some cases charge high prices, make deceitful promises or encourage applicants to lie, is laudable. But CSIC's past record and the experience of other countries show self-regulation isn't the answer, she adds. Since its inception in 2004, CSIC has been beset with prob- lems. Critics have accused it of turning a blind eye to unscru- pulous consultants, while Arsenault says its regulation has been ineffective. In Australia, the government designated a self-regulating body for immigration consultants in the late 1990s. But by 2009, reg- ulation had returned to government control amid allegations of conflict of interest. "In Canada and other countries, frameworks that have been attempted haven't been very successful," Arsenault says. "We are worried that we might be going down the path where we're just repeating past mistakes." The process for appointing a new regulator is also flawed because CSIC is able to reapply to retain its role, Karas says. "The only group who seem willing to take on the regulatory role is CSIC, who are the people at the root of the problem. It's like putting the fox in charge of the chicken coop." LT Untitled-6 1www.lawtimesnews.com 12/1/10 11:21:38 AM 'I can't think of anything that could be less civil than requiring a person to justify their unattractive appearance,' says Elaine McCallum. to, also got court staff to write to the law society saying Mc- Callum looked angry during the motorcycle argument while the younger lawyer looked upset. "I was angry," McCallum says. "She was threatening me." McCallum says while that could have been the end of the issue as the other lawyer didn't formally complain about her be- haviour, the LSUC took up the matter with its own investiga- tion. "It's not in our culture to insult women for their youth. You never hear women putting down women by saying they look young. I try to cover up my age, if anything. But it's the fact they believed her over me." McCallum says she's not allowed to contact the other lawyer in the case but believes they both want to put the issue behind them. They met briefly at a conference after the inci- dent and got along well. LT Photo: Paul Lawrence

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• Wireless Evidence
• Aggressive Bureaucrats
• Focus On ADR / Mediation