Law Times

PAGE 2 articling report Continued from page 1 who completed the law practice program. Wardle says the minority is concerned that those who go through the law practice program will face stigma. "In our view, it is inevitable that the LPP graduates will be stigmatized by the profession on the basis that these are the candidates who couldn't find articles and therefore are somehow less qualified, Hall Law School, also foresees the profession discriminating against lawyers from the law practice program. "I do think there would be a sense in people' someone who is in an LPP course in a co-op placement is somehow less than someone who is going to a Bay Street firm, and I think that' s minds that say that [LPP] individuals will be second-class citizens I think have not really considered the issues fairly and have come to the debate with prejudices and assumptions that are highly questionable, Conway dismisses that perception. "Those people who s unfair to those students," he says. and mid-size firms won't consider students from the law practice program because they would have a big enough pool of articling students to draw from. "I just don't see how the LPP students are going to be But when it comes to hiring, Bryant suspects the large " he says. Cameron Bryant, a third-year law student at Osgoode " the minority stated in the report. The two tiers would be those who articled and those • NEWS articling report • the law practice program among all licensing candidates. "We had to consider that [LPP] candidates would be OctOber 22, 2012 • Law times articling report Convocation to consider proposal this week paying for the course instead of being paid by an articling principal and that their co-op placement could very well be unpaid as well, the majority came to the conclusion that that cost should be borne by all licensing candidates across the board. licensing fee to approximately $5,670 per candidate from $2,950 aſter factoring in a final assessment. Conway argues the increased fees won't be the highest The majority estimates this would increase the current " says Conway. "So from a fairness perspective, " they've ever been and adds that the cost of the licensing pro- cess used to be considerably higher than it is today. Still, Wardle says the minority is deeply concerned about the costs for students who take the law practice program route. The minority pointed out in the report that there would be additional fees if students have to relocate for their co-op placement and that many law firms currently pay their students' articling fees. "Thus, candidates in the LPP are doubly penalized: once says Wardle. "We don't have a lot to do with the process; we don't impose very many checks and balances, and we don't really know how effective it is or if it' "The law society doesn't really regulate articling anymore," committee that suggested abolishing the articling pro- gram 40 years ago. The profession, however, has seemed reluctant to do so. The task force' In the report, the minority referenced a law society s effective at all." suggested five different options to solve the articling short- age and asked for input from the profession. The task force also held several public consultations across Ontario. Aſter hearing from the profession, Conway says the s report to Convocation on Dec. 9, 2011, majority decided to keep the articling program because it "put more value on the generations of lawyers in prac- tice who have said that the experience of articling and the experience of being a principal to an articling student is very valuable for the training of a lawyer for practice. Just as articling has become a barrier to entering the " for being 'second tier' and a second time financially for their failure to get an articling placement," the minority said. Although he' able to be competitive in the job market," he adds. Along with the concern about stigmatization is the issue of cost. The majority recommends spreading the costs of gram, Bryant also doesn't agree with getting rid of arti- cling altogether. Practical training is "absolutely essential" to becoming a lawyer and articling is a key component of that preparation, he says. However, the minority said there' evidence to prove that articling is actually effective. s not enough statistical s not in favour of the law practice pro- legal profession, the minority said the law practice pro- gram threatens to become a different barrier. In its view, "it is difficult to justify [the majority' not one, but two, lengthy transitional programs, the first of which (articling) cannot be validated, and the second of which (the LPP) creates a new, unfair, and similarly flawed approach." The task force will present a motion to Convocation next week asking it to adopt the majority's recommendations. The LSUC will air a webcast of the debate on Oct. 25. LT Skarica made controversial comments about refugees him in June 2011 that a hitman nicknamed the Killer had been on his way from Hunga- ry when authorities in Britain stopped him. Skarica mentioned the assassination Continued from page 1 plot again in June of this year when he appeared before the Senate commit- tee on legal and constitutional affairs to express his support for new anti-human trafficking amendments. "He was stopped in England on the way over with six girls, so that tells you there was probably something else going on as well, Skarica told the committee in reference to the hitman. The Canada Border Services Agency knew of the individual, he added. Authorities haven't charged anyone " any of the media reports about the alleged hitman plot. "I can, however, tell you that the RCMP receives tips and information from various sources on large-scale investigations and we make every effort to investigate and assess this information," says Serniuk. " firmed to be a real threat and consequently no charges have ever been laid. would think that there were no charges because it came from a confidential infor- mant who did not want to be identified, But Skarica has an explanation. "I he tells Law Times. Elections Canada data shows Skarica " criminally in relation to the alleged plot. John Abrams, a Hamilton defence lawyer who acted for Domotor, tells Law Times it wasn't part of the allegations against his cli- ent. "It was not read into the court record at any time, CBSA referred all questions to the RCMP. Sgt. Kevin Serniuk, the officer in charge Smith was unavailable for comment. The " says Abrams. of the Hamilton human-trafficking investi- gation, notes the RCMP didn't comment in made donations to Conservative MP Da- vid Sweet in the 2011 campaign. In 2005 and 2006, Skarica donated to Sweet and fellow Conservative candidates Jim Fla- herty and Patrick Brown. Julie Di Mam- bro, spokeswoman for Justice Minister Rob Nicholson, described the appoint- ment of Skarica as an "outstanding" one for the Superior Court in Brampton. "Our government continues to be guided by the principles of merit and legal excel- lence in the selection and appointment of judges," said Di Mambro in an e-mail. At this point, no person was ever con- " ever, raised concerns earlier this year with groups that advocate on behalf of refugee claimants. In addition to appearing before a Senate committee, Skarica testified in April at the House of Commons committee on citizenship and immigration and advocated for proposed changes to the Immigration and Refugee Protection Act. The then-prosecutor presented docu- Skarica's actions while a Crown, how- ments from his human-trafficking case and suggested there was widespread welfare fraud by refugee claimants from Hungary, specifically those with a Roma background. "Basically, these Hungarian refugees have a 98-per-cent failure rate, committee. "When it' " Skarica told the rate, it costs $500 million for just them." Skarica tells Law Times the refugee is- sue is something he's passionate about. "My parents were refugees," he says, not- ing the $500-million figure came from the number of applicants from Hungary and neighbouring countries since 2008 as well as federal government information on costs per refugee. Peter Showler, a former chairman of the s all said and done, at that same s] proposal to have Immigration and Refugee Board and a law professor at the University of Ottawa, was one of the other witnesses at the committee that day. He says Skarica' a shock. "I was shocked. I found it difficult to be- s testimony came as lieve it was a presentation by an employee of the attorney general of Ontario. He made very broad statements based on the concept that Romas are criminals. He did not appear as an individual. He had his [criminal] case files there. complaint sent in May to Ontario At- torney General John Gerretsen by the Canadian Council for Refugees and the Ontario Council of Agencies Serving Im- migrants. The letter described Skarica' Skarica's testimony led to a letter of " comments as "inflammatory" and "factu- ally incorrect." The Ontario Ministry of Community s and Social Services that administers so- cial assistance for refugee claimants in the province doesn't compile data by country of origin. In the most recent fiscal year, the government provided $249 million in social assistance and support to more than 22,000 claimants. 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