Law Times

PAGE 4 NEWS June 29/JuLy 6, 2009 • Law Times Gag on SCC law clerks has 'chilling effect' BY TIM NAUMETZ For Law Times OTTAWA – A "chilling eff ect" from the Supreme Court of Canada's negative reaction to an academic survey of former law clerks could be spreading. Th e aftermath included a ru- mour fl ying through legal circles late last week that administrators of Osgoode Hall's Th e Court web site had pulled a list of former Su- preme Court clerks that the U.S. professor conducting the survey used to get his mailing list. But, even though some lawyers failed to fi nd the list on the popu- lar site after having visited it prior to the controversy, it was available last Th ursday at noon following Law Times inquiries at Osgoode Hall and the Supreme Court. "We haven't been asked to remove the table," says James Stribopoulos, the associate professor at Osgoode Hall who is editor-in-chief of Th e Court until July 1. Stribopoulos added in a subsequent e-mail the list may have been inaccessible "a while back . . . as we had some tech- nical problems with the entire site. All is normal now." He later added the breakdown oc- curred two months ago. Nevertheless, the author of the last main Canadian analysis of clerking at the Supreme Court says the court's warning that for- mer clerks could be violating a statutory oath if they respond to the survey has undoubtedly sent a scare through the ranks. "It will certainly have a chilling eff ect on some former clerks," University of Toronto law professor Lorne Sossin, a former clerk, tells Law Times. Meanwhile, the Indiana aca- demic who sparked the contro- versy says he will remain silent until he concludes the survey. "I'm not granting any inter- views about this project until the research has been completed," David Weiden, an assistant pro- fessor of political science at Indi- ana University-Purdue University Indianapolis, tells Law Times. Weiden, co-author of Th e Brethren, a controversial bestsell- ing book on law clerks at the Firm's dress drive a success BY ROBERT TODD Law Times A Toronto law firm's clothing drive for a pair of charities that offer attire to needy people returning to the work force could soon spark a Bay Street-wide campaign. The Toronto office of Miller Thomson LLP recently wrapped up its own campaigns for Dress For Success Toronto, a non-profit group that provides nearly new professional clothing to needy women who have been retrained for the workforce, and Dress Your Best, a charity that also provides clothing for retrained workers. Jennifer Bishop, a partner at the firm and chairwoman of Miller Thomson's national Women's Leadership Initiative, says she's "per- haps a little embarrassed to admit" that men at the firm — who brought in clothing for Dress Your Best — "beat out" the firm's women who donated to Dress For Success, in terms of donations. "It was incredibly healthy competition," says Bishop. "We've got Hugo Boss suits that still have the stitching on the arms, which indicates that they haven't even been worn. So it's the start of a really good thing." Bishop says Dress For Success — which only accepts high- quality clothing and accessories — plans to use about 90 per cent of Miller Thomson's donations. "They have a very, very high standard in terms of the clothing that they accept," she says. Bishop says she's been overwhelmed by e-mails of readers of a June 15 Law Times article on the fundraiser. "I'm thinking of reaching out to my counterparts at other law firms downtown to try and create some more momentum with this and perhaps do a Bay Street campaign along the same lines," she says. Bishop says Miller Thomson considers the clothing drive a resounding success. "We really enjoyed being involved," she says. "Women helping women is just really such an important part of our Miller Thomson women's initiative, and the fact that everybody got so excited about it, both the men and the women — in fact, just the women are going to be doing another drive for Dress For Success for summer clothing and dresses, which I guess will provide prom dresses for young girls who don't have clothing otherwise to attend prom. "It's really created some momentum. There was a lot of energy around the firm in the last couple of weeks." Miller Thomson's efforts benefit women like Dolly Singh, an immigrant from East India who went though the Dress For Success program after losing her job at a publishing company last year. The Toronto woman says the clothes she received from the charity have given her a much-needed boost during her job-hunt. "They basically geared me up and they also pumped me with a lot of confidence to go out there and nail the interview, and that was very helpful," says Singh, who has been living in Canada for two years. Dress For Success has helped over 5,500 women since its creation in 2001. Th e organization aims to help disadvantaged women gain economic independence by providing professional attire, a network of support, and career development tools, says its found- er and executive director Jessica Roelink. LT U.S. Supreme Court, says in an e-mail he will not even disclose how many former clerks of the Canadian court have responded to his request for participation. Th e contents of the survey questionnaire, including descrip- tions of the degree to which clerks help draft judgments and other aspects of their relations with the judges, has prompted a fi erce debate about propriety. Th e executive legal offi cer at the court, Jill Copeland, e- mailed former clerks warning them not to take part. She says they will be violating an oath of confi dentiality they swore under s. 54 of the Pub- lic Service Employment Act if they divulge private information from their work at the court. But Sossin says Copeland's warning should be taken not as an end to discussion — only the beginning. He says it should spark a de- bate between the benefi ts of a transparent look at how the court operates and the need to keep certain elements of judicial decision-making confi dential. "No one could suggest this isn't a serious and worthy area for study," says Sossin. "Not only is it enhancing a public confi dence [in the court] but it is also an im- portant academic eff ort." Sossin's 1996 essay on clerking at the Supreme Court of Canada provides grist for the debate with provocative and detailed insight into the roles clerks played be- hind closed doors 12 years ago. Th eir infl uence on judgments and, surprisingly, even the an- nual selection of new clerks, was extensive, the essay concludes. Sossin cautions that methods Key Developments in Environmental Law 2008-2009 Follow the continuing shift of the legal climate towards going "green" This collection of timely, insightful and judicious articles is written by a cross-section of highly qualified environmental law practitioners from across Canada. Articles include: • Environmental and Climate Change Disclosure in 2008 • The Canadian and Québec Legal Framework for Greenhouse Gases Emissions • Resource Revenue Sharing in the Context of Consultation Requirements • Regulation of Cooling Water Intake Structures: A Case for Consultative Policy Making • The Kearl Oil Sands Cases: Climate Change in Environmental Assessment and in the Courts • Is Government Liability Expanding for Historic Pollution Clean- Ups? A Case Comment on Berendsen • Comments on the Supreme Court of Canada Decision in St. Lawrence Cement Inc. v. 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Th e clerks also played an instrumental role in decisions on applications for leave to ap- peal — being the fi rst to re- view applications and prepare memoranda for panels of judges recommending whether leave should be granted or not. "During my year at court, there were a number of cases in which a clerk's recommen- dation to grant leave to appeal was not followed by the court," writes Sossin. "However, I was unaware of any cases in which a clerk's recommendation to deny leave was not followed." Sossin, however, says that lawyers now assist the staff For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com Berger_Key Developments (LT 1-3x4).indd 1 6/24/09 2:40:29 PM LT0629 clerks with the screening of applications for leave. He makes a point of noting that former chief justice Anto- nio Lamer reviewed his essay and approved it for publication before he submitted it. LT (Formerly Stanley D. Berger and Dianne S and contributers The Year in R Enviro nmental Law: eview) axe John P. Barry, Jean- by Alfred Page, Adam Chamberlain and John Vellone by Florence Dagicour by Sandra A. Gogal Matthew Benson Y ves Bernard and Nadia MacPhee by David Crocker by Jack D. Coop by H arry Poch by Joseph F. Castrilli by by Ahab Abdel- Aziz and by Sean Nixon

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