Law Times

PAGE 2 NEWS MAY 26, 2008 / LAW TIMES Turn as treasurer highlight of MacKenzie's career Continued from page 1 stated what my views were, and people can agree or disagree. It's a little different role as treasurer, because when you take a public position, it's authorized by Con- vocation. And as the treasurer at Convocation, I think my role is to come up with a coherent and con- sistent position. But I will make decisions if I have to. I'm not afraid of making decisions." Millar says he will get out of the law society's offices and meet with members of the profession to see what's going on in the trenches. "I don't intend to sit in Osgoode over 23 Convocations, 21 call to the bar ceremonies, three Law So- ciety Medal ceremonies, and three annual meetings. He singles out the law soci- Hall and not go out and talk to the legal profession," he says. While Millar acknowledges that the profession is in good shape, he knows many challenges lay ahead. He lists paralegal regu- lation, articling, access to justice, and the retention of women in private practice as some of the most pressing areas he'll tackle. MacKenzie describes his ten- ure as treasurer as the highlight of his career. He notes that when his term ends, he will have presided ety's work during his term on making the profession more accommodating for women as a highlight. He calls the rec- ommendations in the report of the retention of women in pri- vate practice working group — which called for pilot projects for a parental leave program and practice locum service — a "genuine breakthrough." He says the law society will continue to face challenges as- sociated with regulation of paralegals, but adds that those growing pains are necessary. "I continue to believe it's in both the profession's interest and the public's interest that parale- gals be regulated, and that they be regulated by the law society," says MacKenzie. "We have the experience, and the expertise, and the infrastructure to do the job properly. And having a single regulator for the public avoids inconsistencies in standards and leaves no room for confusion about who's accountable." The law society also must con- tinue to take steps to deal with an influx of articling students, says MacKenzie. A surge in applicants from abroad is expected to put un- precedented pressures on the arti- cling system in Ontario, with any economic downturn exacerbating the problem, he says. By 2009, there will be a few hundred more applicants for articling positions than there were in 2006, he says. "I think the profession gener- ally is opposed to abolishing arti- cling. I'm personally opposed to abolishing articling. I think that lawyers who are just starting out benefit tremendously from the vast bulk of articling positions that we make available in On- tario. I think what we should be focusing on is whether there can be alternatives to articling that can serve the same purpose." MacKenzie says he's excited to return full time to his litiga- tion practice at Heenan Blaikie LLP, and that he'll take with him a newfound respect for the profes- sion, gained during his term as law society treasurer. "It's reinforced the respect I have for the lawyers of the province of Ontario," he says. A number of factors drew Mil- lar to law society work. He was a student at Dalhou- sie University law school, where he says a commitment to public service is entrenched. Before at- tending law school, Millar spent two years in South America volun- teering with Canadian University Students Overseas, now known as CUSO. He says his Saskatchewan upbringing instilled social-demo- cratic values that have guided him. Millar says his firm also has The legal profession, and now with respect to paralegals . . . doesn't run itself. People have to do it." Millar says he feels "honoured" to be selected by his colleagues for the position of treasurer. "I look forward to working with members of Convocation, lawyers, and paralegals to improve how we serve the public," he says. "Because after all, the whole pur- pose of regulation is in the public interest and to improve what we do for the public." LT shown a commitment to public service. "As part of being a lawyer at the firm, you were exposed to many ar- eas," says Millar, who notes that he is the fourth member of the firm to become treasurer of LSUC. "The firm has a long tradition of working with the profession, be- cause it's very important for lawyers to participate in the profession. Minister rallying support Continued from page 1 young offenders with the need to protect society. Shortly after the court heard the case in October, Nicholson announced he would postpone plans for amendments to make adult sentencing automatic in designated violent crimes until the ruling. Despite the deci- sion, Nicholson, who took the unusual step of issuing a formal statement expressing disap- pointment over it, has already begun a campaign to rally support for other measures to toughen up the act. Cheryl Milne, a lawyer with Justice for Children and Youth as an intervener, says the judg- ment has stopped Nicholson in his tracks after he first floated a "trial balloon" for automatic sentences last year. "What this does is effec- Key Developments in Estates and Trusts Law in Ontario, 2008 Edition Madam Justice Bonnie Croll and Melanie Yach With contributions by: Jeanne Chiang, Susan Easterbrook, Lou-Anne Farrell, Paul Gibney, Robin Goodman, Heather Hansen, Ian Hull, P. Ann Lalonde, Jonathan Lancaster, Martha McCarthy, Margaret O'Sullivan, Suzana Popovic-Montag, Archie Rabinowitz, Susan Slattery, Kristina Soutar, M. Jasmine Sweatman, Corina Weigl and Kimberly Whaley Published annually, this book brings together a team of leading practitioners who together provide expert insight into the latest noteworthy developments in estates and trusts law. Find out how these key developments will affect your practice and your clients, now and in the future. Articles include: by Madam Justice Bonnie Croll by Susan Slattery by Paul Gibney, Kristina Soutar and Jeanne Chiang by Robin Goodman by M. Jasmine Sweatman by Martha McCarthy and Heather Hansen by Margaret O'Sullivan by Kimberly Whaley helping you to stay abreast of key statutory and case law developments in estates and trusts law in Ontario www.canadalawbook.ca www.lawtimesnews.com CROLL_Key Developments in Estates and Trusts(LT 1-2x4).indd 1 5/21/08 10:43:22 AM by Lou-Anne Farrell by Corina Weigl and Jonathan Lancaster by Ian Hull and Suzana Popovic-Montag by Melanie Yach by P. Ann Lalonde by Susan Easterbrook by Archie Rabinowitz tively prevent them from doing automatic adult sentences, and they used the word automatic, not even presumptive, they said automatic sentences," Milne tells Law Times. Mark Ertel, president of the Defence Counsel Association of Ottawa, says Nicholson's pro- test of the ruling and his cam- paign for tougher youth crime law stems from an ideological opposition to the Charter of Rights itself, rather than the marginal effect the judgment will have on sentencing. "The way I see this case is there is an ideological battle going on," he says. "People are trying to say that it's going to have a huge impact or may- be our streets are going to be full of young offenders com- mitting violent offences as a result of this. Really, what's going on is the Conservative justice minister, and probably some other members of his caucus, not all of them, want Parliament to be supreme." Meanwhile the ruling may convince the govern- ment to act to ensure Khadr is extradited to Canada to face the charges under our youth justice system, says his lawyer, U.S. Navy Lt.- Cmdr. William Kuebler. "It makes the [U.S.] mili- tary process that much more obviously illegal and makes the Canadian government's inaction a little bit more in- explicable," Kuebler says. LT

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