Minutes for the Meeting of the Benchers June 20, 2014 Radisson Hotel, Saskatoon

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1 Minutes for the Meeting of the Benchers June 20, 2014 Radisson Hotel, Saskatoon Present: Robert Heinrichs, Bruce Bauer, Q.C., Dr. Sanjeev Anand, Q.C., Jeff Baldwin, David Chow, Perry Erhardt, Q.C., Joel Hesje, Q.C., Brenda Hildebrandt, Q.C., Erin Kleisinger, Heather Laing, Q.C., Judy McCuskee, Lorne Mysko, Ronald Parchomchuk, David Rusnak, Sean Sinclair, Lorraine St. Cyr and Della Stumborg In attendance: Tom Schonhoffer, Q.C., Donna Sigmeth, Q.C., Tim Huber, Andrea Johnston, Eric Lanoie and Barbra Bailey. Gregory Walen, Q.C., Federation Council, was also in attendance. 1. CALL TO ORDER The meeting commenced at 9:30 a.m. on Friday, June 20, APOLOGIES FOR ABSENCE Apologies for absence were received from Dr. Greg Stevens, Ronni Nordal, Thomas Healey, Darcia Schirr, Q.C., Gerald Tegart, Q.C. and Jay Watson. David Chow left at 10:15 a.m. 3. ACCEPTANCE OF AGENDA A motion to accept the Agenda was presented by Dr. Sanjeev Anand, Q.C. and seconded by Perry Erhardt, Q.C. The motion was carried unanimously. 4. AGENDA ITEMS WHICH ARE NOT OPEN TO THE PUBLIC None. 5. ADOPTION OF MINUTES A motion to adopt the Minutes of the meeting held May 2, 2014 was presented by Heather Laing, Q.C., seconded by Erin Kleisinger. The motion was carried unanimously. 6. MATTERS ARISING FROM THE MINUTES None.

2 2 7. AGENDA ITEMS FOR DISCUSSION a. Reports i. President s Report Robert Heinrichs reported attending the following: Executive Committee meeting in Regina on May 28, Swearing-in ceremony for Judge Miguel Martinez on May 23; Heather Laing, Q.C. brought greetings on behalf of the Law Society. Queen s Bench Bar Judicial Council meeting in Regina on May 28. Regina Bar Association dinner on May 28, where Bruce Bauer, Q.C. introduced the guest speaker, Chief Justice Popescul. Law Society of Alberta Convocation meetings in Jasper June 4-6. Bruce Bauer, Q.C. brought greetings on behalf of the Law Society at Judge Byron Wright s swearing-in ceremony in Saskatoon on June 13. Next week Bruce and Rob are going to the Law Society of Manitoba Convocation. ii. Executive Director s Report A written report was provided to the Benchers for information. iii. Gregory Walen, Q.C., Federation Council Gregory Walen, Q.C. reported the following: The June meeting of the Federation resolved many outstanding issues. A. Governance o The last broad governance review took place in o Since all Law Societies are autonomous, the Federation often requires consensus; it s important to decide when consensus is required. o There is a potential for conflict due to the dual role of council members. Board members have both a fiduciary duty to the Federation and a representative duty to their own Law Societies. o AB, SK, NS and MB raised concerns about the presidential rotation system. It is geographical right now, but these provinces feel it should be more skills-based. o A new committee was established to develop terms of reference and establish methodology, work plans and a budget for a governance review. o a special general meeting was held to pass a resolution authorizing directors to apply for a certificate of continuance.

3 3 The Litigation Committee approved the Federation to seek intervenor status in a privilege case with the CRA. Non-discrimination requirement in the National Common Law Degree requirement: The first review was to take place in 2018, but given the questions arising from the TWU application, it was thought necessary to conduct a review earlier. The National Requirement Review Committee will conduct a full review of the national requirement, giving top priority to the question of whether to include non-discrimination. A working group will first develop terms of reference for the National Requirement Review Committee. b. Committee Reports i. Admissions & Education Minutes from the meetings held February 13, 2014 and March 24, 2014 were provided for information. Brenda Hildebrandt, Q.C. reported the following: A conference call was held on June 2 to decide Rule waiver applications. Yesterday s Agenda also had three Rule waiver applications, which led to a decision to create a rule stating that applicants who have completed all the NCA requirements, but have not received their certificate, can apply for admission as a student-at-law. Yesterday the committee reviewed the new draft of Part 7 of the Rules, which should be on the Bencher Agenda in September. The mobility rules will now appear in a new part 7A which the committee still needs to review. Most of the changes to Part 7 of the Rules consist of cleaning up the process and simplifying language; there are not many major substantial changes. The committee would like to have a discussion at the Bencher table about the requirement to sign the roll to be admitted. ii. Discipline Minutes from the meeting held February 13, 2014 were provided for information. Perry Erhardt, Q.C. reported the following: Perry Erhardt, Q.C. and Lorraine St. Cyr will discuss CIC s feedback on the new strategic plan for investigations.

4 4 A sub-committee is planning some training for hearing committee members. Currently, it is looking at adapting resources from other jurisdictions. Recommendations are expected in September. The committee made changes to the Hearing and Penalty checklists that hearing committee members receive in advance of hearings. Perry Erhardt, Q.C. will develop draft terms of reference for the committee and will consult drafters from the other committees to ensure consistency. There are three Designated Complaints Counsel who have volunteered a great deal of time to investigate complaints due to conflicts of interest: Larry Zatlyn, Q.C., John McIntosh, Q.C. and Michael Fisher, Q.C. The committee recommends that each volunteer be presented with a gift in recognition of their service at the President s dinner in October. Moved by Perry Erhardt, Q.C., seconded by Heather Laing, Q.C., that a total budget of $3,000 be approved to purchase a gift of artwork for the three volunteers identified by the committee. iii. Ethics Minutes from the meeting held February 13, 2014 were provided for information. Lorraine St. Cyr reported the following: There will be more Model Code consultations coming soon for review by the new Model Code Sub-committee. David Chow will draft the terms of reference for the committee. One request for ruling was withdrawn by counsel it was quite dated and the behavior complained about was fairly moderate, so the withdrawal was granted. iv. Professional Standards Minutes from the meeting held February 13, 2014 were provided for information. Ronald Parchomchuk reported the following: Jeff Scott, one of our practice advisors, is working with staff to develop a practice management checklist for the website; it will also be provided to new sole practitioners and other members who are visited by the practice advisors. Most of the people in the practice advisor program right now are new solos rather than members referred by a complaint. Erin Kleisinger will draft terms of reference for the committee. Ronald Parchomchuk will write an article for the Benchers Digest and the website about the new rules for mandatory practice reviews and succession plans that come into force on July 1 st.

5 5 The committee is looking at locum programs in other jurisdictions. The committee continues discussion regarding fitness to practice. There will be a mental health program this fall. Quarterly reminders via blast, along with a link to Lawyers Concerned for Lawyers, will be sent to encourage members to think about physical and mental wellness. Many of the issues before the committee arise from mental and physical wellness issues, so this was identified as important risk-management. v. Executive Minutes from the meeting held April 15, 2014 were provided for information. vi. Access to Legal Services Minutes from the meeting held February 13, 2014 were provided for information. Perry Erhardt, Q.C. reported the following: This committee is more of an ad hoc committee, therefore, the committee decided it would not necessarily meet at each Convocation. The committee will oversee the Alternate Business Structures joint project with Alberta and Manitoba as it progresses. The committee drafted terms of reference which may be different from other committees, as this committee is not statutorily mandated. vii. Library Review Minutes from the meetings held September 6 and October 30, 2013 were provided for information. Sean Sinclair reported the following: U of S Law Library update the committee sees a need for greater collaboration between the U of S law library and the LSS libraries we may also need to involve other stakeholders, for example, court services, to work together to cut down on duplication, etc. Discussions continue between LSS and court services regarding the Saskatoon court house library. The target date for completion is October 2015.

6 6 8. AGENDA ITEMS FOR DECISION a. Appointments i. Q.C. Appointment Committee The Queen s Counsel Appointment Committee recommends candidates for appointment to the Minister. A Public Representative, a Bencher and a member-at-large are required for this year s Queen s Counsel Appointment Committee. Lorne Mysko, Public Representative and Ronni Nordal, Bencher, submitted their applications and were acclaimed. For the member-at-large position, the Benchers considered 2 applications and Grant Scharfstein, Q.C. was selected. ii. Designated Complaints Counsel The Benchers reviewed a list of potential candidates from Donna Sigmeth, Q.C. Moved by Della Stumborg, seconded by Ron Parchomchuk, that the following individuals serve as Designated Complaints Counsel for a two year term, commencing April 22, 2014: Mike Fisher, Q.C. John McIntosh, Q.C. Larry Zatlyn, Q.C. Brian Hendrickson, Q.C. Leah Kosokowsky (LS of MB) Robert Gibbings, Q.C. Catherine Zuck, Q.C. Reché McKeague Paul Korpan, Q.C. Thomas Campbell Peter Hryhorchuk, Q.C. George Patterson, Q.C. Gordon Mayer b. Governance The work plan and checklist from Laura Soparlo, consultant, was considered by the Benchers. The Governance Review Committee met with Laura last week and she provided the committee with a draft work plan which consists of three phases. This is the first step in our governance review and it will be a living document for the process. The committee will continue to follow the work plan to the extent that it can, with support from staff. Ideally, the first draft of the

7 7 terms of reference will be completed by September Convocation and considered for approval in October. c. Justicia Committee The Benchers reviewed the committee s proposed plan for implementation. Heather Laing, Q.C. spoke about the implementation plan: The committee met in Kenosee. The proposed implementation plan outlined in the memo was modeled on Manitoba s plan, with modifications as necessary for Saskatchewan. The plan will depend largely on the uptake from firms and the views of those in the working groups. The plan is based on two working groups, which will be geographicallybased; one in Regina and one in Saskatoon. Moved by Heather Laing, Q.C., seconded by Judy McCuskee, to approve the implementation plan as set out in the memo of May 23. d. Alternate Business Structures (ABS) The Law Societies of Alberta, Manitoba and Saskatchewan, using a project manager at the Law Society of Alberta, drafted a Charter document for consideration of alternate business structures. The Charter defines ABS for our context as being narrowed to non-lawyer ownership of law practices or multi-disciplinary practices. The first issue is how the public will be affected by ABS. If we decide there is a public interest, the next step is to design a regulatory response in the Act and the Rules. There is no immediate budgetary requirement. For now, the Charter outlines how the project will move forward. The Access to Legal Services Committee will oversee this project and report to the Benchers on the progress. Both staff and Bencher involvement will be necessary. Discussion: The Cromwell report and the CBA report both identify ABS as potential improvements to access to legal services. The Access Committee is focusing on the regulatory impediments in the Law Society Rules. We also want to be prepared for likely changes in other jurisdictions. The Federation will help coordinate this project, but they will not carry out any of the work.

8 8 e. Law Foundation Auditors The Audit Committee of the Law Foundation recommends Deloitte LLP as auditors for the coming year. The Law Society appoints the auditor to the Law Foundation, pursuant to Section 76(7) of The Legal Profession Act, Moved by Dave Rusnak, seconded by Joel Hesje, Q.C., that the Law Foundation of Saskatchewan appoint Deloitte LLP as auditors for the coming year. The motion was carried unanimously. f. National Pro Bono Conference The Benchers discussed the grant request submitted by PBLS for this year s national conference in Regina. Moved by Lorraine St. Cyr, seconded by Della Stumborg, that a grant in the amount of $5,000 be provided to PBLS for their Conference in September g. Benchers Digest The Benchers studied the member survey results and discussed the possibility of moving from print copies to an electronic version on the website. Discussion: 1. Form: The Benchers agreed it is likely a question of when we go electronic, rather than if we go electronic; and that it was appropriate to make the conversion now. The best delivery method is by with a link to a PDF that can either be printed or read online. The Benchers discussed whether a print option should be made available. The cost and efficiency of printing a small number of copies for a few people does not justify the option. 2. Content: The Benchers did not suggest any change to the content. 3. Frequency: The Benchers agreed the quarterly publication is appropriate and should not change. Generally, the Benchers directed that the content and frequency should be maintained, and there was no strong opposition to moving to an ed pdf publication and foregoing the print edition.

9 9 Members will be notified of the change in the August issue, along with statistics and reasons for the decision. Members will then be notified via the weekly blast when an issue has been posted, as well as a link for quick access. 9. INFORMATION The following were provided for information: a. Who should guard the guardians? Edmonton Journal, posted May 28, 2014 b. Report to the Benchers from Karen Prisciak, Q.C., University of Saskatchewan Senate c. LCL Funding request for July to December 2014 this was already approved as we have already budgeted for it this year. 10. DATE AND PLACE OF THE NEXT MEETING The next Convocation is scheduled for September 11 and 12, 2014 at the Sheraton Cavalier in Saskatoon. Dr. Sanjeev Anand, Q.C. moved to adjourn at 11:15 a.m. THOMAS J. SCHONHOFFER, Q.C. Executive Director TS/el

Minutes for the Meeting of the Benchers June 21 and 22, 2012 Bessborough Hotel, Saskatoon

Minutes for the Meeting of the Benchers June 21 and 22, 2012 Bessborough Hotel, Saskatoon Present: Gregory Walen, Q.C., Dr. Sanjeev Anand, Q.C., Loreley Berra, Thomas Campbell, Robert Heinrichs, Joel Hesje,