Law Times

Page 6 January 6, 2014 Law Times • COMMENT u Editorial obitEr By Glenn Kauth Simmering anger about to boil over W ith aboriginal concerns boiling over in the political context at the beginning of last year, it looks like they'll heat up even more in the legal arena in 2014. According to a recent report by the Canadian Press, a number of legal disputes between aboriginals and various federal and provincial governments are on the horizon this year. Alberta, which continues to push hard on oilsands projects, is likely to face several new legal challenges while the recent decision in favour of the Northern Gateway pipeline through British Columbia likely means looming litigation on that file. It's an issue that affects all Canadians, of course, given the implications for the economy as well as the legal costs involved. As Law Times reported in the fall, aboriginal litigation is a big expense for the federal government. Public accounts figures for 2012-13 released at the end of October showed Aboriginal Affairs and Northern Development Canada with a legal tab of $106 million. That amount far exceeded the legal tab of $66 million at the Canada Revenue Agency, the department that was next on the spending list. So with First Nations challenging everything from Ottawa's recent amendments to the Fisheries and Navigable Waters Protection acts to its new environmental assessment legislation, it looks like those litigation pressures will continue to grow. Ottawa may have good arguments for its approach, but it looks like a losing strategy. Court battles will merely eat up valuable public resources and delay development projects the government says are so valuable. Its position will also continue to alienate First Nations whose anger has been simmering for some time. There's no easy solution but there's definitely room for a different approach. In particular, it's time to jettison policy changes that curtail First Nations' involvement in regulatory approval processes for energy developments. But it's also time for a shift in our economic thinking. Part of the reason the political and legal battles have been simmering is the government's obsession with energy development and pipelines. They may have potential, but focusing on them to the extent our governments have been has only exacerbated the tensions with opponents while distracting from the need to diversify our economy. In essence, our reliance on energy and natural resources is pushing governments into a barrage of legal battles with First Nations. Co-operating with them may take more time and cost more, but it's a fairer approach that, if we were focusing more on other areas of the economy, wouldn't necessarily be problematic. It seems unlikely, but lets hope for a different approach in 2014 or, at least, substantive discussion on the issue from the opposition parties. — Glenn Kauth It's never too late to find your passion BY REBECCA DURCAN For Law Times u SPEAKER'S CORNER I started my career at a large national law firm in Toronto on the way to becoming a tax lawyer. I was certain this was my destiny since my top marks had been in tax . That was surely a powerful indicator. Now, 13 years later, I am a professional regulation lawyer (and for the record, my worst mark in law school was in administrative law). I did not know it then, but I found my calling because of an experience during my articling year. When I started my articles in 2000, the firm kindly offered to arrange a dedicated tax rotation for me. That was ideal because, after graduation, I figured on becoming a tax litigation lawyer. My tax rotation was to start later that year. Eagerly waiting for the months to pass so I could do what I really wanted, I received a call from an environmental lawyer. That call would change my life. He asked if I would assist him in Walkerton, Ont., with an inquiry that would soon begin. I agreed as I figured it would bide my time until the tax rotation. I soon learned what the Walkerton inquiry was all about. In May and June of 2000, hundreds of people in the town had become ill as a result of contamination of the water supply. The government then established a public inquiry and asked justice Dennis O'Connor to be the commissioner. The commission was to inquire into the cause of the contamination and make recommendations Law Times practice and the comforts of a large firm to become an associate at a small firm dedicated to professional regulation. I joined the firm because its clients were regulators whose job was to protect the public. The focus was on how to better protect the public and not on monteary damages. Thus, I had found my own version of Walkerton. In helping clients discharge their duty, I felt I was serving the public and had found my true calling. Now, I often appear before administrative tribunals. They include discipline committees comprised of professionals and members of the public who decide if someone has committed professional misconduct; registration committees that determine which individuals gain entry into a profession; and the Health Professions Appeal and Review Board, a tribunal of the Ontario government. The job was fulfilling even though the pay was less. But I loved the work and still do. Today, I spend 90 per cent of the day dealing with administrative law and, for the record, no time at all dealing with tax law principles. Many of my colleagues discovered their passion much earlier in their career and even though I was a bit late, it never is too late as long as you wind up doing what you truly enjoy. In my case, it was finding my Walkerton. But for others it might be very different, maybe even tax law. LT to ensure the safety of drinking water. I arrived in Walkerton, met the people of the town, and heard all about what they had endured. I also learned what an inquiry involved and how to apply for standing. Living in Walkerton for three months proved to be the best three months of my articling year. My work was to assist the town so it could help the commission. For me, the concept of public interest and administrative law principles were coming to life. But soon, I had to return to the firm to commence my tax rotation and although it was interesting, I knew then that Walkerton and the goals of the commission had left their mark. I spent the next eight years as an associate practising medical malpractice defending hospitals and health-care professionals. While I enjoyed the connections I made with the personal defendants, something was missing. The personal impact of these cases on the defendants (and the plaintiffs) was significant, but most of my job was mere quantification. The work involved reducing everything to monetary value, which meant attaching value to arms, legs, pain, reputation or the loss of a mother. It took a toll on me and I fondly recalled Walkerton and the feeling I had every morning in that beautiful town. And so, the decision was easy. I left medical mal- uRebecca Durcan is a partner at Steinecke Maciura LeBlanc in Toronto. Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 • Tel: 416-298-5141 • Fax: 416-649-7870 www.lawtimesnews.com • clb.lteditor@thomsonreuters.com • @lawtimes Director/Group Publisher . . . . . . . . . . . . Karen Lorimer Editor in Chief. . . . . . . . . . . . . . . . . . . . . . Gail J. 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