Law Times

Law timeS • September 17, 2012 Year of call key to lawyers' career prospects NEWS Continued from page 1 call to the bar by only hiring clerks who have not yet articled and by organizing their employment term so as to ensure that it begins and ends before any scheduled call to the bar, conditions of employment must be negotiated with the bargain- ing agent. Th e parties can, if they wish, therefore, negotiate specifi c compensation for clerks who have been called to the bar. But failing that, the default compensation is as provided for in the ALOC col- lective agreement because any sig- nifi cant unilaterally imposed pre- employment term or condition, as the Supreme Court has made very clear, is prohibited. if the employer decides to hire clerks eligible to be called to the bar, it cannot unilaterally impose a contractual term upon them that prevents them from being called. "Fundamental terms and " Kaplan wrote. "But Th e government says it's ex- amining the decision. " our courts, the majority of whom use this opportunity towards their articles to be called to the bar, "We value the work of clerks in Ministry of Government Services spokesman Mark Th ompson. Barrett says the Ontario " says Court of Appeal hires a similar number of clerks but notes it doesn't apply those restrictions. He isn't familiar with any other jurisdiction that does. Omar Ha-Redeye, co-chair- man of the Ontario Bar Associa- tion' the situation for clerks whose terms of employment prevented their call to the bar would have had further consequences. He refers to the notion of chronoc- racy in the legal profession under which time is a valuable element "because there' s young lawyers division, says sis on your year of call. " s so much empha- rious repercussions," he notes. Th e one-year delay has an im- pact on job prospects, according "Th is is something that has se- London jail 'unpleasant' Continued from page 1 an inquest jury following the death in 2009 of Randy Drysdale, a 46-year-old prisoner who died of head injuries aſt er a beating. "My worry is someone else is going to get taken out of there dead, says Egan. In July, according to the Free Press, Ontario Court Justice Edward " McGrath urged a juvenile off ender not to get himself into trouble again or he' Centre, which he described as a "very unpleasant place." Ontario Court Justice Gregory Pockele, said in court that he'd discount a fi rst-time off ender's sentence as he was "sending people with great reluc- tance" to the jail. He noted he was "concerned about people's safety." Community Safety and Correctional Services Minister Madeleine me it is hell, I can tell you that," McGrath told the off ender, according to a transcript. Th en in August, the Free Press reported that McGrath' s colleague, d risk spending time at the Elgin-Middlesex Detention "You will be one of the smaller people in adult custody, and believe With more than 192,000 page views a month, canadianlawlist.com captures your market The all-new canadianlawlist.com features: — A fresh new look, designed for improved user experience — Eff ective new ways to reach the legal market — Gold and silver advertising packages For more information contact: Colleen Austin at 416-649-9327 or toll free at 1-800-387-5351 colleen.austin@thomsonreuters.com to Ha-Redeye, because the pro- fession can view it as the equiva- lent of holding someone back a year in school. He adds the delay could have an impact on the in- dividual' awards costs on a sliding scale depending upon the lawyer's s a lot of things that are years of experience. "Th ere' s practice since the court hinging on that year of call," says Ha-Redeye. Now, however, things have changed for the clerks. "Any Reach one of the legal and business markets in largest eligible individual may, if they wish, be called to the bar, Kaplan. "And if they are, they must be paid in accordance with the ALOC collective agreement unless and until the parties ne- gotiate otherwise. " wrote " LT Canada! PAGE 5 Meilleur has denied that the judges painted an accurate picture of the jail. But John Hill, a lawyer who specializes in prison law, says both were "right on." "Prison conditions are probably at an all-time low since I've been also leave a lot to be desired." s way too many for the existing facilities, which in practice, and I was called to the bar in 1975," says Hill. "Th e big- gest reason is overcrowding. People are stacked up in the provincial system and there' cade has resulted in a surge in the number of inmates informing on each other in the hopes of more favourable parole terms or prison perks. Th at in turn has increased tension among them. According to Hill, greater reliance on technology for surveillance Hill says a breakdown in the so-called "con code" over the last de- of inmates, combined with the larger population, has also changed the way guards interact with prisoners. "Th ey don't get to know them and things can go wrong very quickly, a guard to meander down the hall when something's brewing." In Hamilton, Ont., safety concerns boiled over last month aſt er " he says. "You can't really expect guards learned of a missing piece of metal on one of the fl oors. Due to fears an inmate might use it as a weapon, a search was launched but was later abandoned following a dispute with management over guards' use of safety vests. Hill says he' set of legal problems for inmates. According to local criminal defence lawyer Beth Bromberg, lawyers were prevented from attending the prison to meet with clients for the fi rst few days. Although things have improved over the last two weeks, she says there still was a "serious right-to-counsel issue." Before guards re- turned to work on Sept. 12, her clients were allowed just 10 minutes on the phone, which meant lawyers could struggle to get instructions without making a trip to the jail. Legal aid applications and court appearances were also delayed, s no fresh air in a month." LT "Prisons are not a pleasant place to work right now," he says. Th e lockdown that followed the walkout on Aug. 13 created a new s not surprised to see guards walking out. GET NAMES, MAILING ADDRESSES, EMAIL ADDRESSES AND PHONE NUMBERS FOR LAWYERS AND LAW OFFICES IN B.C., NUNAVUT, NORTHWEST TERRITORIES AND THE YUKON Published October of each year Spiralbound • L88804-588 Prices subject to change without notice, to applicable taxes and shipping & handling. In one handy volume you'll have a single means of access to every lawyer and law firm in B.C., Northwest Territories, Nunavut and the Yukon. PUBLISHED ANNUALLY, THE CURRENT EDITION INCLUDES: • B.C. Notaries • B.C. Land Surveyors • Canadian Association of Para-Legals THIS DIRECTORY HAS: • Durable spiral-bound format • E-mail addresses (where available) • Federal court listings • Federal government departments MULTIPLE COPY DISCOUNTS AVAILABLE: 1 - 9 copies: ……………$40.00* ea. 10 - 49 copies: …………$38.00* ea. 50 - 99 copies: …………$36.80* ea. 100 or more copies: ……$35.20* ea. (*Plus applicable taxes) ORDER ONLINE AT WWW.CARSWELL.COM according to Bromberg. "My clients are very upset. Th ey're out of their cells for maybe an hour and haven't been outside since the be- ginning of the lockdown, so that' CANADIAN LAW LIST www.lawtimesnews.com • Northwest Territories, Nunavut and Yukon listings. • Up-to-date addresses, telephone numbers and fax numbers Online Print and in

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