Law Times

Law Times • April 15, 2013 Page 5 NEWS Decision 'out of sync' with other common law countries Demand for lawyers remains strong Continued from page 1 one law school to the next. "It is very hard to say exactly what a Canadian law degree looks like." The federation established a committee to look at the question and draft a list of competencies for all common law degree holders. "There's now criteria for how we measure that," he said. "That's brand new, that's right out of the box." Conway said the committee assigned to evaluate common law degree programs is now starting its work. The number of law schools across Canada is also multiplying, Conway said. "For 40 years, we hadn't had a new law school. In the space of a couple of years, Lakehead University was approved, Thompson Rivers in B.C. was approved, the Université de Montreal common law program was approved, Memorial University is talking about starting a law school, and, of course, we have an application pending from Trinity Western University in British Columbia, a private university." Conway predicted law schools would diversify even more in the coming years. "From a regulatory point of view, we would say as long as we can be assured that your students are actually going to come out of your course with these skills and having met these standards, go ahead." Conway said the largest group of applicants to the law society involves students who trained outside Canada, many of them Canadians who weren't able to score a spot in a law school here and who turned instead to institutions like Bond University in Australia or the University of Leicester in Britain. Despite the shortage of jobs in some areas, Conway said there's still a huge demand for legal education. "Until that demand is satiated, I think you are going to see pressure on law schools to change, to innovate because there is going to be new players coming into the market." Lakehead University, for example, is focusing on aboriginal law and training lawyers for Northern Canada. "They are really going to be introducing a program that is going to look very different, I think, than most of the common law programs in the country." While there's no shortage of lawyers to do mergers and acquisitions on Bay Street, there's an underrepresentation when it comes to some areas of practice such as family, criminal, and immigration law, he said. In addition, many Ontarians currently go without a lawyer. Nevertheless, Conway faced tough questions from students, particularly over whether the planned system to resolve the articling problem would create two tiers of graduates, one of which which gets paid to article and the other of which has to pay to take a law practice program. "We have a two-tiered system now," Conway responded. "This alternative pathway provides an opportunity for students who will not be able to be licensed to become licensed." Under the current system, even those who get an articling position have no guarantee they'll receive education while they work for a law firm, he said. With the new system, those who article and those who take the law practice program will both have to go through an additional assessment. Having the legal profession pay for all of the students in the licensing process is "a non-starter," he added. Conway said the request for proposals to teach the law practice program has gone out to a number of institutions and noted the law society is in the process of choosing a provider. "It's far from perfect but at least it gives students the option of becoming licensed and getting out and practising and proving that they are good lawyers." LT Continued from page 1 The judge expressed a similar concern, concluding that the act provides no protection for confidential information not considered privileged. "In my opinion, much of this information could be directly relevant to the prosecution of criminal charges against a client, conviction for which would carry the threat of imprisonment," wrote Hinkson. While the B.C. Supreme Court's decision focused on privilege, the appeal court emphasized the independence of the bar even though the act has some provisions built in to protect solicitor-client confidentiality. "The independence of the bar is fundamental to the way in which the legal system ought fairly to operate," wrote Hinkson. "The importance of the independence of the bar has long been recognized as a fundamental feature of a free and democratic society." The CBA also made the case for an independent bar. "In the same way that clients must have confidence that their lawyer will protect confidential information shared as part of the solicitor-client relationship, so, too, must they be able to trust that the lawyer is acting independently and in their best interest," the association said in its factum. In its view, "the very essence of an independent bar" would be in jeopardy if lawyers aren't free to represent their clients' interests. But the concept of an independent bar is an abstract principle that involves different interpretations, says University of Ottawa law professor Adam Dodek, who suggests the court decision is "out of sync" with other common law countries that have implemented similar laws. Karen Lorimer 416-649-9411 By relying on the concept of an independent bar and the duty of loyalty, the appeal court "recognized new doctrines in constitutional law without an in-depth analysis of the parameters," he says, adding there's a good chance the government will appeal the decision. Department of Justice spokeswoman Carole Saindon said the government is still in the process of deciding its next step. "The government of Canada took the position that the requirements represent a reasonable and measured response to the threat of money laundering and terrorist financing that is respectful of the constitutional rights of all Canadians," she said. "We are reviewing the decision and will be considering the government of Canada's next steps." Hinkson's decision isn't in any way a barrier to the government's efforts to combat money laundering and terrorist financing, says Skolrood. The goals of the act, he notes, are also part of the regulatory systems of Canada's law societies that require lawyers to perform their due diligence to avoid being used as a means to crime. "The fact that lawyers may not be subject to the federal legislation, it doesn't mean there is in any way a gap in the legislation," he says. "What the law societies have tried to do . . . is to craft an approach which addresses the concerns but at the same time strikes a balance." The federal government should apply the B.C. Court of Appeal decision throughout the country, says Skolrood, who calls the ruling "well thought out and considered." LT To advertise in an upcoming issue, contact our sales team: karen.lorimer@thomsonreuters.com Kimberlee Pascoe 416-649-8875 kimberlee.pascoe@thomsonreuters.com Narrow 1-8 - 3X.indd 1 3/5/12 2:10 PM Chair, Law Society Tribunal A commitment to sound governance and high professional standards. The Law Society of Upper Canada, founded in 1797, is the oldest and largest of all Canadian law societies. As a self-governing regulator funded through annual lawyer and paralegal fees, the Law Society has a duty to regulate the profession in the public interest, to maintain and advance the cause of justice and the rule of law, to facilitate access to justice for the people of Ontario, and to act in a timely, open and efficient manner. Today, the Law Society of Upper Canada licenses and regulates Ontario's 44,000 lawyers and 4,200 licensed paralegals. Stronger people, Stronger organization. Central to the Law Society's primary responsibility for public protection is a tribunal hearing process that is fair, transparent and efficient. As Chair of the Law Society Tribunal, you are accountable to the Law Society's governing board and will be responsible for the implementation of the Tribunal's strategic direction, the performance of the Tribunal, which is composed of the Hearing and Appeal Panels, and providing leadership in all areas of the Tribunal process. Overseeing an increasingly complex and growing number of hearing and appeal files, you will be instrumental in enhancing the way the Tribunal administers its adjudicative functions. With a focus on transparency, quality and timely adjudication, objective adjudicator appointment and evaluation criteria and cost effectiveness, you will lead in the Law Society's proper discharge of its To r o nto Untitled-8 1 Montrea l Ca lga r y Va n c o u ver H a lifa x www.lawtimesnews.com adjudicative responsibility to address licensee conduct, capacity, competence and licensing issues. You are a lawyer licensed in Canada and have a thorough understanding of the purpose and function of the Law Society or similar regulator, professional regulation and administrative law and practice. Together with a strong background in adjudication and alternative dispute resolution, you bring an understanding of the importance of independence in the adjudicative function, and the ability to incorporate sound financial and operational planning, accountability and business practices in that function. You also bring superior analytical and communication skills to resolve, under public scrutiny, complex matters involving multiple interests. You are adept at setting strategic direction, articulating and working toward goals, and overseeing the implementation of plans and strategies to deliver high-quality services. Please reply in confidence, with a current resume referencing the position, to lsuc@amropknightsbridge.ca. We appreciate your interest and will contact you if a meeting is required. The Law Society of Upper Canada is an equal opportunity employer and welcomes applications from a diversity of backgrounds. M o n c to n St . J o h n 's amropknightsbridge.ca 13-04-08 11:25 AM

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