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Oct 29, 2012

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PAGE 2 NEWS OctOber 29, 2012 • Law times LSUC rights group defended S SEAMLESS, EFFICIENT ESTATE PLANNING STARTS HERE MILLER THOMSON ON ESTATE PLANNING EDITOR-IN-CHIEF: MARTIN ROCHWERG NEW PUBLICATION How can you be certain that the will or non-testamentary documents you are drafting today are sturdy enough to withstand scrutiny and challenge? This new looseleaf service for lawyers and other professionals who manage finances provides a comprehensive analysis of Canadian estate planning and administration to help ensure your client's goals are met and his or her intentions carried out. Miller Thomson on Estate Planning offers insight into multiple planning issues across Canada, including Québec, such as: trusts, estate administration, insurance planning, charitable planning, disability planning, business succession and corporate restructuring, and the legal implications of immigration and emigration and other cross-border issues. 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See complete listing of all contributors – visit carswell.com/mtep ORDER # 984927-65203 $400 2 volume looseleaf supplemented book 1-3 supplements per year Supplements invoiced separately BY MICHAEL McKIERNAN Law Times upporters of the Law Society of Upper Canada' tioned whether the regulator should be "delving into foreign affairs." In September, Convocation approved the group's intervention in the case of Mo- monitoring group have rallied to- gether aſter some benchers ques- s human rights hamed Issa Al Tajer, a harassed Bahraini hu- man rights lawyer, over the objections of Bench- er Robert Wadden. "We are a regulatory body of Ontario licens- ees constituted by pro- vincial legislature, Wadden. "I think we really have to ask our- selves if it' " said of our limited resources and our members' and licensees' resources to be delving into foreign affairs. It' s the best use looking into it, it takes a lot of work to look into these issues and to ad- dress them, to question them properly, as the staff and the committee has done. I question whether it' s very clear that, ate use of our resources to be delving into these international affairs." Bencher Joseph Sullivan also chimed in to voice his discontent with the group's 'I question whether it's really an appropri- ate use of our resources to be delving into these international affairs,' says Bencher Robert Wadden. s really an appropri- 'Liberty was never a bylaw': bencher Gail Davidson, executive director of Lawyers' Rights Watch Canada, says it's hard to measure success but believes the LSUC's intervention does have an impact. She points to the recent reinstatement of 11 Burmese lawyers who had been disbarred for protesting against the state aſter the hu- man rights monitoring group intervened. "The Law Society of Upper Canada is a very august organization," she says. "And as a governing body of almost 50,000 lawyers, they are a voice that is going to be listened to. intervention. "I don't believe this falls within the man- date of a provincial law society," he said. But Derry Millar, a former law so- ciety treasurer who co-sponsored the 2006 motion that formed the group, tells Law Times their view of the regulator' mandate is too narrow. "One of the functions of the law soci- s ety is to maintain and advance the cause of justice and the rule of law. . . . It doesn't say anything about advancing the cause only in Ontario, WeirFoulds LLP. "It' " says Millar, a partner at idea is to stand up and be counted when lawyers and judges in other parts of the world are being detained and persecuted for simply doing their jobs." Millar says Al Tajer' s much broader that that. The whole example of a situation where the law so- ciety should intervene. According to re- ports from various sources, authorities arrested the human rights lawyer in April 2011 aſter more than 20 armed members of the Bahraini securities forces wearing plain clothes raided his home and office. According to the monitoring group, Al Tajer had provided legal support to protesters against the country' 978-0-7798-4927-7 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. spent 114 days in detention where he was subject to acts of torture and ill treatment before getting bail in August 2011. The law society wrote to Bahrain' s rulers and AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com/mtep Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 VE. INNOVATIVE. TRUSTED. king, as well as its foreign and justice min- isters, to express its "continued deep con- cern over the harassment of human rights lawyers in Bahrain" and urge the govern- ment to "ensure in all circumstances re- spect for human rights and fundamental freedoms. s people concerned with human rights, in- cluding law societies and bar associations, raise these issues, hopefully it will make a difference, " says Millar. www.lawtimesnews.com "If the wider society of lawyers and " s case is a perfect member Paul Schabas told fellow bench- ers it has been on a run of recent success. He read part of an e-mail from one of the reinstated Burmese lawyers: "Today, I've filed my attorney power to my first civil case aſter 10 years' imprisonment and 11 years of disbarred hellish times. I am to deliver one criminal revision admis- sion argument and one final hearing of another criminal revision in Naypyidaw Supreme Court. Thanks." Schabas said the group also generated and worthy activity for the law society to be en- gaging in," she says. "If I were a member, I would want them to be taking a leadership role for law societies across Canada." At Convocation, monitoring group s a proper front-page headlines in Venezuela aſter complaining to President Hugo Chavez about the treatment of Judge Maria Lourdes Afiuni. She went to jail aſter granting bail to a banker with opposi- tion ties. The group doesn't intervene only on be- half of foreign lawyers. In August last year, it wrote to Thailand' aſter that country's prime minister threat- s minister of justice ened legal action against LSUC member Robert Amsterdam for his representation of members of the political opposition. A number of benchers also rose to de- fend the monitoring group aſter Wadden and Sullivan raised their concerns. "When we practice, we oſtentimes are John Campion. "If there' will feel the solidarity of our group, No. 1, and No. 2, if the government trying to impose these limitations might somehow feel marginally constrained somewhere at the attorney general' s any small chance that they then I say it's worth the effort." expenses are small. "It' s office in these lands, be the leader in the world," she said. "And s minimal to what we I totally support these letters. In terms of resources, I think it' are accomplishing." Bencher Adriana Doyle said the group's s very important that we continue to quite alone and you can imagine how these men and women feel, " said Bencher office is in British Co- lumbia, but David- son works frequently with the human rights monitoring group on campaigns. "I think it' The organization's " he was skeptical when the group began. "But since then, I have seen that it' for society to be able to express and pur- sue idealism. So it may not technically be within the mandate, but liberty was never a bylaw. Another bencher, Julian Porter, said s vital " LT

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