Law Times

Page 4 June 27, 2016 • Law Times www.lawtimesnews.com NEWS Ontario Planning Legislation 2016 Consulting Editor: Bruce Engell Updated each year, Ontario Planning Legislation refl ects the changes made to the Planning Act and regulations, keeping you ahead and informed. On subscription Order # 804954-65203 $92 Softcover April 2016 approx. 420 pages 978-0-88804-954-4 Annual volumes supplied on standing order subscription One-time purchase Order # 804954-65203 $104 Multiple copy discounts available Ontario Assessment Legislation 2016-2017 Edition Consulting Editors: Jack Allen Walker, Q.C., and Andy Anstett Get quick access to changing legislation concerning Ontario assessment matters. This resource offers you a thorough collection of the latest statutes, regulations and amendments. On subscription Order # 804950-69710 $97 Softcover June 2016 approx. 830 pages 978-0-88804-950-6 Annual volumes supplied on standing order subscription One-time purchase Order # 804950-69710 $105 Multiple copy discounts available Ontario Municipal Legislation 2016 Consulting Editor: Quinto M. Annibale Find the relevant statutes and regulations concerning Ontario municipal law in one consolidation. Updated annually, this work ensures you are always working with the most current information. On subscription Order # 804953-65203 $92 Softcover April 2016 approx. 980 pages 978-0-88804-953-7 Annual volumes supplied on standing order subscription One-time purchase Order # 804953-65203 $104 Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Get fast access to municipal and planning legislation Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Get quick access to the most up-to-date legislation, amendments and regulations in the Ontario planning and municipal law area. Three valuable resources cover everything from plans of subdivision, offi cial plans and zoning to municipal tax assessment, restructuring, maintenance of municipal highways and licensing. © 2016 Thomson Reuters Canada Limited 00236XT-A54355-CE Certification for indigenous legal issues unveiled BY ALEX ROBINSON Law Times T he Law Society of Upper Canada has finalized the standards of a new certification for lawyers who specialize in indigenous legal issues — the first of its kind in the country. The law society's certified specialist board, which determines areas where lawyers can be certified as specialists, finalized the requirements for the new cer- tification in May. Previously, the law society certified other specializations, but it never had such a designa- tion for indigenous legal issues. As with other areas of specialty, lawyers will have to prove they have sufficient skills, experience, and knowledge in their practice area. Where the specialty in indigenous legal issues differs is that licensees are re- quired to get a reference from an aboriginal communi- ty member, and also must prove they have a significant understanding of indigenous cultures, perspectives, and contexts. Lawyers and legal scholars say the new specializa- tion shows that the need to know indigenous law has spread wide across the profession. "When I started in this field 40 years ago, before there was a Charter of Rights and Freedoms, there were only a handful of practitioners who were mostly working out of the homes," says Shin Imai, a law professor at Osgoode Hall Law School. "Now there are boutique law firms across Canada that focus on indigenous issues, and most large firms and government lawyers who have familiarity with the area of the law." The new certification will focus on three sub-specialties: rights and governance, liti- gation and advocacy, as well as corporate and commercial. Applicants will be able to ap- ply for one or all three of the sub-specialties. Scott Robertson, a lawyer with Nahwegahbow Corbiere, who sat on an advisory committee to help develop the standards for the new certification, says what makes the indigenous legal issues specialty different is the fact that it is an area that intersects with many others. Not only does it intersect with other areas of common law, but it also in- teracts with the laws of aboriginal communities. "There is an element to understanding the culture, meaning the indigenous culture, but also the legal culture in which these communities have been operating over the last 150 years. That's important," says Robertson, who is the vice president of the Indigenous Bar Association. "When you're looking at a specialization in aboriginal law, it applies to all compo- nents of law. They all have an element and intersect with indigenous people." Lawyers who apply will also be expected to demonstrate knowledge of the history of Aboriginal Peoples, says Janet Leiper, the chairwoman of the law society's equity and aboriginal issues committee. "That includes recognition of the indigenous world view," she says. "You have to ac- knowledge what has gone on in the past. Part of it is to avoid the superficial experience and superficial interest. It's to try to get at a deeper understanding, which also serves quality and serves confidence in the kind of work, which can be difficult." Leiper says the new certification will give lawyers who specialize in the area a way to reach out to the communities they want to serve. Lawyers certified under the specialty area will be listed on the law society's web site along with roughly 150 other lawyers in 15 specialties. "It's a signal to the community that this is somebody who has met these criteria and the criteria are all public so you know what that person has done," she says. Lawyers say having this certification will also help with access to justice issues in indigenous communities, as they will be able to reach out to the law society to find a lawyer that would meet their needs. "There are only so many lawyers that are practicing indigenous law in this area and sometimes they're not always accessible," says Robertson. "This gives access and opens up the pool to other lawyers who practice in this area." Imai says the certification will also help ensure aboriginal clients will get good repre- sentation, as they will be able to check whether lawyers they are considering hiring have been certified by the law society. "It does provide some protection to indigenous clients themselves," he says. Imai says the certification shows the province's legal profession has also come to the realization that you need to be aware of the "cultural element" when represent- ing aboriginal clients. Lawyers need to be able to understand the unique cultural and historical context of Aboriginal Peoples and this is interwoven throughout the new standards, he says. "You can't represent indigenous people unless you're aware of the cultural element," he says. As the first of its kind in the country, Robertson says lawyers from other jurisdictions have looked at the certification that has been developed in Ontario with envy. "When I speak to lawyers from other jurisdictions, they all say the same thing: When are we going to get ours? When are they going to provide a certification in our province or territory that emulates what Ontario's doing?" says Robertson, who plans to apply for the certification. The law society plans to advertise the new certificate over the summer and will start accepting applications in the fall. LT Shin Imai says there has been a large growth in the number of people work- ing on indigenous legal issues.

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