Law Times

Law timeS • September 5, 2011 NEWS PAGE 5 Storm's psychological impact 'visceral' Continued from page 1 In 2003, Patzelt authored a report for the CBA on disaster recovery for small- and medi- um-sized law practices. While physical damage following a crisis is often emphasized, he says law fi rms must be ready for potential disruptions to their business operations. He cites, for example, the impact that hurricane Juan had on Halifax fi rms and businesses in 2003. "Juan didn't do that much damage physically [to business- es] but it knocked the power out for a week, which caused a huge amount of business inter- ruption," Patzelt says. According to Ross, her fi rm was able to have its serv- ers running in one of its part- ners' houses. At the same time, lawyers had access to their fi les within three days of the tor- nado. Th is was largely due to planning beforehand, she says. "Th e Ross Firm has been backing up our computer sys- tem each day and making sure that current backups were always safely located off -site," she notes. Th e system, she adds, in- volves fi ve external drives. "As part of this system, we scan all The Ross Firm's office before the storm. documents in a shift to a paper- less practice." According to Patzelt, small fi rms, unlike their larger coun- terparts, have to remain es- pecially diligent in managing their fi les. "Firms like the Seven Sisters fi rms, they have built- in scale. Th ey have the ability to move massive amounts of resources very quickly. . . . Be- cause of scale, they have also Adjudicator hearings less visible: prof Continued from page 1 already been found to be "unproven" in Federal Court, Kenney insisted it was accurate. "I just think people should be patient and thoughtful and give the government and its agencies the benefi t of the doubt," he said publicly. Th e government is attempting to "denigrate the judiciary," says Macklin. As a result of its mixed record in the courts in upholding security certifi cates in recent years, Macklin says the government is instead alleging inadmissibility on national security grounds un- der other sections of the immigration act at hearings before federal adjudicators. Th e other sections aren't as sweeping in terms of the powers aff orded to the federal government but they still allow for non-disclosure of evidence on security grounds. While these hearings may still result in deporting people to countries where they face the risk of torture, the proceedings be- fore immigration adjudicators "tend to attract little visibility," says Macklin. Adjudicators are less likely than the courts to question the government's allegations, she adds. In Charkaoui (Re), the Supreme Court cited legal principles dating back 500 years in fi nding that provisions allowing the gov- ernment to present much of its case at a secret hearing violated the Charter of Rights and Freedoms. Many of the criticisms of the process accepted by the Supreme Court were similar to what lawyer Rocco Galati had argued un- successfully fi ve years earlier when representing both Jabballah and Mahjoub in Federal Court. "Th e courts fi nally woke up," says Galati, who has long been an outspoken critic of the security cer- tifi cate provisions but isn't currently acting in any such cases. "Th ey were a propaganda tool," says Galati, who also believes the federal government is unlikely to issue new certifi cates. "If they keep doing it, they will attract more attention to themselves and become bigger laughingstocks." Galati agrees with Macklin that instead of using certifi cates, the government is now bringing security issues forward at hear- ings before an adjudicator. "Th ey invoke the Canada Evidence Act more than ever," says Galati. If there's legitimate evidence of a terrorist link against an in- dividual, the government should instead lay charges under the Criminal Code, according to Galati. Macklin shares that view. In the meantime, even if security certifi cate hearings are in- creasingly rare, the existing scheme will face another challenge ear- ly in 2012 at the Federal Court of Appeal. Lawyers for Mohamed Harkat, whose certifi cate was upheld by a Federal Court judge, are expected to argue that parts of the revised act are unconstitutional. Th e concerns include restrictions on communication between the special advocate and counsel representing the person named in a certifi cate. ASSISTANT GENERAL COUNSEL & LEGAL COUNSEL Company Overview: The Technical Standards and Safety Authority (TSSA) is an innovative, not-for-profi t organization dedicated to enhancing public safety. Throughout Ontario, TSSA regulates the safety of safety services related to: boilers and pressure vessels; elevating devices; fuels and equipment; and upholstered and stuffed articles. TSSA offers a challenging and satisfying work environment with competitive salary and benefi ts. Position Overview: The assistant general counsel and legal counsel provides legal advice and support concerning statutory interpretation, legal process, regulatory administration and policy matters. They will conduct provincial offences prosecutions under legislation administered by TSSA and assist the General Counsel in a wide range of legal matters. Job Responsibilities: 1. Provide legal counsel to TSSA's management with respect to contract and commercial issues including, but not limited to: business, leases of facilities and fl eet, insurances, letters patent, offi cer/director liability, fi duciary responsibilities, copyright agreements, corporate taxes, etc. 2. Ensures TSSA's compliance with a variety of business laws - including, but not limited to Contract, Competition, Constitutional, Environmental, Real Estate, and Bankruptcy laws. 3. Assist with regulatory and enforcement issues – including administrative hearings and appeals. 4. Provide legal counsel to internal staff with respect to day-to-day issues including fi elding inquiries from Inspectors and Operational Management, providing ad hoc counseling on issues as required, responding to complaints, providing legal opinions, responding to insurance inquiries, handling civil suits, etc. 5. Provide legal counsel with respect to new business initiatives. Assist with the on-going development of a Continuous Improvement Process for the legal department. 6. Available as a backup resource for the General Counsel, and/or to handle other legal issues as needed. Job Requirements: • Minimum of 2 – 7 years post-bar experience, preferably in a not-for-profi t regulatory environment, with exposure to a variety of contract and corporate business issues. • Strong knowledge of contract, corporate, administrative and commercial law; some familiarity with regulatory law and civil litigation; negligence law and constitutional / charter law. • Knowledge of investigative procedures / requirements, evidence law, criminal and provincial offences procedures. • Knowledge of the statute and associated regulations administered by TSSA would be an asset. • Pro-active, self-starter, able to demonstrate initiative, decisiveness, and be solution-oriented, • Communication: strong verbal and written (public relations/public speaking) skills. Ability to understand and communicate complex technical concepts. • Advanced computing skills including MS Offi ce Suite. • Valid driver's license and access to a vehicle. Interested applicants are invited to submit a letter of interest, including qualifi cations online, by September 23, 2011 at www.tssa.org September 23, 2011 at www.tssa.org/corporate/careers TSS_LT_Sep5_11.indd 1 www.lawtimesnews.com 11-08-31 12:54 PM devoted time and resources to planning and process." Th ose resources aren't neces- sarily available at small fi rms, he adds. "Someone who is at a three-lawyer fi rm or one-lawyer fi rm and who is principally concerned with day-to-day op- erations or keeping their head above water, it's a matter of will they have their mind directed towards [disaster planning]? And if they have, have they re- cently updated their fi les?" In response to the ongoing needs of lawyers and clients in Goderich following the tornado, Ontario Bar Association president Paul Sweeny says the organization has tried to provide practitioners in the town with access to their provincial peers. "We've set up a hotline that lawyers can call if they have specifi c questions or needs, [which will] connect them with other lawyers in the province who can assist them," he says. At the same time, Ross notes fi rms in Huron County re- ceived advice and checklists for unexpected practice interrup- tions from LawPRO. Besides aff ecting some of the local law fi rms, the tornado also left the Goderich court- house badly damaged, which prompted the need for alterna- tive arrangements. "Th e On- tario Court of Justice and Su- perior Court services have been moved to the Walkerton court," says Ontario Attorney General Chris Bentley. Bentley adds that Ontario government staff , working with the court building's landlord, will be conducting an assess- ment to see what repairs are necessary and when it will be ready to resume court sessions. For her part, Ross says all 18 members of her fi rm have found temporary space where they can all work under one roof and try to resume business as usual. "Nothing can prepare you for the experience of a disas- ter like a tornado, but you can prepare for the event itself," she says. "In the end, planning was the key to our ability to meet the crisis and the needs of our clients in a timely way." Despite the prudent plan- ning, Ross says the tornado will continue to aff ect people in other ways. "After a disaster of this mag- nitude hits, things become a lit- tle more complex. In our case, a large part of a community was decimated and parts of the prettiest town in Canada, in- cluding some buildings on the historic Courthouse Square, were reduced to rubble. Our courthouse has been rendered unusable for the foreseeable future. Th e psychological eff ect on the community was visceral and, of course, we and our staff were all aff ected." Photo: Dominique Milburn

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