THE LAW SOCIETY OF UPPER CANADA

Transcription

1 Tab 1 THE LAW SOCIETY OF UPPER CANADA MOTION TO BE MOVED AT THE MEETING OF CONVOCATION ON SEPTEMBER 25, 2013 MOVED BY: Michael Lerner SECONDED BY: Catherine Strosberg THAT Convocation approve the consent agenda set out at Tab 1 of the Convocation Materials. 6

2 D R A F T Tab 1.1 MINUTES OF CONVOCATION Thursday, 27 th June, :30 a.m. PRESENT: The Treasurer (Thomas G. Conway), Anand, Armstrong, Backhouse, Boyd, Braithwaite, Bredt, Callaghan, Campion, Chilcott (by telephone), Dickson, Doyle, Dray, Earnshaw, Elliott, Epstein, Eustace (by telephone), Evans, Falconer, Ferrier, Furlong, Goldblatt, Gottlieb, Halajian (by telephone), Hare, Hartman, Horvat, Hunter (by telephone), Krishna, Leiper, Lerner (by telephone), MacLean, Manes (by telephone), Marmur, McDowell, McGrath, Mercer, Millar, Minor, Murchie, Murray, Pawlitza, Porter (by telephone), Potter, Pustina, Rabinovitch, Richardson, Richer, Ross, Rothstein, Ruby, Sandler, Scarfone, Schabas, Sheff, Silverstein, C. Strosberg, Sullivan, Swaye, Symes, Wadden, Wardlaw and Wright (by telephone). Secretary: James Varro The Reporter was sworn. 7

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4 IN PUBLIC ANNOUNCEMENT OF THE ELECTION OF TREASURER The Secretary announced that as of the close of nominations at 5:00 p.m. on May 9, 2013, there was one candidate for the election of Treasurer. Thomas G. Conway was declared elected as Treasurer. TREASURER S REMARKS The Treasurer addressed Convocation on the subject of his first term as Treasurer and thanked benchers and staff for their support. The Treasurer expressed condolences to the family and friends of The Honourable Justice Edward W. Ducharme, former bencher, who passed away on June 2, The Treasurer thanked Diana Miles and her staff for their work on the various call to the bar ceremonies in June. The Treasurer acknowledged the honorary LL.D. recipients at the June calls to the bar: The Honourable David C. Onley, O.Ont, The Honourable Chief Justice Annemarie E. Bonkalo, The Honourable Dennis O Connor, Q.C., The Honourable J. Douglas Cunningham, Q.C. and The Honourable Edward W. Ducharme. The Treasurer thanked Roy Thomas and the staff in the Communications department for facilitating a Twitter feed for the calls to the bar. The Treasurer congratulated former bencher Wendy Matheson on her appointment to the Superior Court of Justice of Ontario. The Treasurer congratulated The Honourable Frank N. Marrocco, former Treasurer, on his appointment as Associate Chief Justice of the Superior Court of Justice of Ontario. The Treasurer thanked Josée Bouchard and Rudy Ticzon for their efforts in organizing another successful Pride event, and wished Mr. Ticzon success as he leaves the Law Society to study law. The Treasurer advised of the release of the public statement respecting the arrest and detention of lawyers in Turkey. The Treasurer spoke to his access to justice initiative and proposed next steps to integrate access to justice in the Law Society s core business and operational planning. The Treasurer welcomed The Honourable Mr. Justice Thomas Albert Cromwell of the Supreme Court of Canada, Morris Chochla, president of the Ontario Bar Association, Bâtonnier 3 9

5 Gérald R. Tremblay, President of the Federation of Law Societies of Canada, and Jonathan Herman, Chief Executive Officer of the Federation of Law Societies of Canada to Convocation. The Treasurer thanked Mr. Chochla for his support during his term. The Treasurer advised that the Attorney General, The Honourable John Gerretsen, will join Convocation for lunch. MOTION ELECTION OF BENCHER It was moved by Mr. Anand, seconded by Ms. MacLean, that, WHEREAS Wendy Matheson, who was elected from the Province of Ontario A Electoral Region (City of Toronto) on the basis of votes cast by all electors, has been appointed a judge of the Superior Court of Justice of Ontario; and WHEREAS upon being appointed a judge of the Superior Court of Justice of Ontario, Wendy Matheson became unable to continue in office as a bencher, thereby creating a vacancy in the office of bencher elected from the Province of Ontario A Electoral Region (City of Toronto) on the basis of votes cast by all electors; THAT under the authority contained in By-Law 3, Avvy Yao-Yao Go, having satisfied the requirements contained in subsections 43 (1) and 45 (1) of the By-Law, and having consented to the election in accordance with subsection 45 (2) of the By-Law, be elected by Convocation to fill the vacancy in the office of bencher elected from the Province of Ontario A Electoral Region (City of Toronto) on the basis of votes cast by all electors. Carried DRAFT MINUTES OF CONVOCATION The draft minutes of Convocation of May 30 and Special Convocation of June 13, 2013 were confirmed. Morris Chochla, president of the Ontario Bar Association, addressed Convocation. MOTION APPOINTMENTS It was moved by Mr. Sandler, seconded by Mr. Dray, that, Avvy Go be appointed to the Equity and Aboriginal Issues Committee/Comité sur l équité et les affaires autochtones. Howard Goldblatt be appointed as Vice Chair of the Challenges Faced By Racialized Licensees Working Group. Jacqueline Horvat be appointed to the Priority Planning Committee. 4 10

6 Barbara Murchie be appointed to the Access to Justice Committee. the attached list of appointments under Schedule A be approved. COMMITTEES Audit & Finance Christopher Bredt (Co-Chair) Carol Hartman (Co-Chair) John Callaghan (Vice-Chair) Cathy Corsetti Adriana Doyle Susan Elliott Seymour Epstein Janet Leiper James Scarfone Alan Silverstein Catherine Strosberg Robert Wadden Peter Wardle Government Relations William McDowell (Chair) John Callaghan (Vice-Chair) Marion Boyd Susan Elliott Michelle Haigh Carol Hartman Jacqueline Horvat Susan McGrath Barbara Murchie Julian Porter Linda Rothstein James Scarfone Catherine Strosberg Joseph Sullivan SCHEDULE A COMMITTEE, WORKING GROUP AND EXTERNAL/OTHER APPOINTMENTS June 27,

7 Inter-Jurisdictional Mobility Jacqueline Horvat (Chair) Ross Earnshaw William McDowell Malcolm Mercer Janet Minor Joseph Sullivan Peter Wardle Litigation Peter Wardle (Chair) Jack Braithwaite John Callaghan John Campion Michelle Haigh Jennifer Halajian Michael Lerner William McDowell Julian Porter Linda Rothstein Paul Schabas Harvey Strosberg Beth Symes Proceedings Authorization Paul Schabas (Chair) Michelle Haigh Linda Rothstein Gerald Sheff Alan Silverstein Peter Wardle 6 12

8 Professional Development and Competence Janet Minor (Chair) Jacqueline Horvat (Vice-Chair) Barbara Murchie (Vice-Chair) Alan Silverstein (Vice-Chair) Raj Anand Jack Braithwaite Robert Burd Mary Louise Dickson Adriana Doyle Ross Earnshaw Larry Eustace Howard Goldblatt Vern Krishna Michael Lerner Dow Marmur Judith Potter Nicholas Pustina Jack Rabinovitch Joseph Sullivan Gerald Swaye Robert Wadden Bradley Wright Professional Regulation Malcolm Mercer (Chair) Paul Schabas (Vice-Chair) John Callaghan Robert Evans Julian Falconer Janet Leiper William McDowell Kenneth Mitchell Ross Murray Jan Richardson Susan Richer Linda Rothstein Peter Wardle 7 13

9 WORKING GROUPS Alternative Business Structures Susan McGrath (Co-Chair) Malcolm Mercer (Co-Chair) Constance Backhouse Marion Boyd Susan Elliott Jacqueline Horvat Kenneth Mitchell James Scarfone Alan Silverstein Peter Wardle Retention of Women Barbara Murchie (Co-Chair) Laurie Pawlitza (Co-Chair) Kirby Chown Janet Minor Megan Shortread Bradley Smith EXTERNAL/OTHER APPOINTMENTS Ontario Bar Association Council (for a one year term) Susan McGrath (Treasurer s Nominee) Jacqueline Horvat Malcolm Mercer Carried REPORT OF THE DIRECTOR OF PROFESSIONAL DEVELOPMENT AND COMPETENCE It was moved by Ms. Minor, seconded by Ms. Murchie, that the Report of the Director of Professional Development and Competence listing the names of the call to the bar candidates be adopted. Carried INTER-JURISDICTIONAL MOBILITY COMMITTEE REPORT Ms. Minor presented the Report. Re: National Mobility Agreement 2013 (Insurance Amendments) It was moved by Ms. Minor, seconded by Ms. Horvat, that Convocation approve the amended National Mobility Agreement 2013 set out at Tab of the Report and authorize the 8 14

10 Treasurer or his designate to execute the Agreement on behalf of the Law Society of Upper Canada. Carried Unanimously Bâtonnier Gérald Tremblay, President of the Federation of Law Societies of Canada, addressed Convocation. BENCHER ELECTION WORKING GROUP REPORT Ms. Leiper presented the Report. Re: Proposed Reforms to the Bencher Election Process It was moved by Ms. Leiper, seconded by Mr. Scarfone, that Convocation approve the following recommendations: That Convocation approve a reduction in the number of nominators required for a bencher candidate from at least ten to at least five nominators. That Convocation approve a requirement that a candidate s biographical information submitted with the nomination form include an address for the candidate. That Convocation approve a reduction in the maximum number of words in a candidate s election statement from 700 words to 350 words. That Convocation approve changes in the following dates: a. the date for the qualification of electors as eligible voters in the election (freezing of the voters list) from the fourth Friday in March in an election year to the first Friday in April; and b. the date for the preparation of the polling list of eligible voters in the election from on or shortly after the first Monday after the fourth Friday in March in an election year to on or shortly after the next Monday in April after the first Friday in April in an election year. That Convocation approve that election materials described in By-Law 3 and prepared by the Law Society shall be distributed to voters electronically by subject to individual accommodation requests under the Human Rights Code for materials in alternate format. That Convocation approve a call for input on a proposal, as set out in the Report, to modify the regional bencher election scheme. Carried The Honourable Mr. Justice Thomas Albert Cromwell, Puisne Judge of the Supreme Court of Canada, addressed Convocation. 9 15

11 AUDIT & FINANCE COMMITTEE REPORT Mr. Callaghan presented the Report. Re: LAWPRO Director Compensation It was moved by Mr. Callaghan, seconded by Ms. Hartman, that Convocation authorize the Treasurer to sign, on behalf of the Law Society of Upper Canada, a Resolution of the shareholders of Lawyers Professional Indemnity Company stating that LAWPRO By-law No. 20 is approved, sanctioned and confirmed. Carried Re: Capital Budget Transfers Mr. Callaghan presented the Report. It was moved by Mr. Callaghan, seconded by Mr. Bredt, that Convocation approve budget transfers within the 2013 capital budget totaling $305,000 to fund renovations to the 4 th and 6 th floors of Osgoode Hall. Carried Mr. Silverstein presented the LibraryCo Inc. Financial Statements for the three months ended March 31, 2013 for information. For Information Certified Specialty in Aboriginal Law Other Committee Work EQUITY AND ABORIGINAL ISSUES COMMITTEE/COMITÉ SUR L ÉQUITÉ ET LES AFFAIRES AUTOCHTONES REPORT Mr. Schabas presented the Report. Re: Human Rights Monitoring Group Requests for Intervention It was moved by Mr. Schabas, seconded by Mr. Falconer, that Convocation approve the Human rights Monitoring Group s requests for intervention, as set out in the motion at paragraph 2 of the Report. Carried Mr. Lerner abstained. For Information Change of Status Report Career Choices Study Certified Specialty in Aboriginal Law 10 16

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13 IN PUBLIC PROFESSIONAL REGULATION COMMITTEE REPORT Ms. McGrath and Mr. Mercer spoke to the information report of the Alternative Business Structures Working Group

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15 IN PUBLIC REPORTS FOR INFORMATION ONLY Priority Planning Committee Report Convocation s Priority Planning - Status of Work on Convocation s Priorities Professional Development and Competence Committee Report Certified Specialty in Aboriginal Law CONVOCATION ROSE AT 12:57 P.M

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17 ... IN PUBLIC... CONVOCATION ROSE AT 9:09 A.M. 2 22

18 Tab 1.3 THE LAW SOCIETY OF UPPER CANADA MOTION TO BE MOVED AT THE MEETING OF CONVOCATION ON SEPTEMBER 25, 2013 THAT Christopher Bredt be removed as Vice-Chair of the Appeal Panel. THAT Adriana Doyle be removed as Vice-Chair of the Hearing Panel. THAT Mark Sandler be appointed as Vice-Chair of the Appeal Panel for a term ending May 22, THAT Linda Rothstein be removed from the Proceedings Authorization Committee and the Professional Regulation Committee. That Linda Rothstein be appointed as Vice-Chair of the Hearing Panel for a term ending May 22, 2014 and be appointed to the Tribunals Committee. THAT Raj Anand and Adriana Doyle be appointed to the Appeal Panel for a term ending May 22, That Ross Earnshaw be removed from the Tribunals Committee and be appointed to the Government Relations and Public Affairs Committee. THAT Michelle Haigh be removed as Co-Chair of the Access to Justice Committee at her request. THAT Cathy Corsetti be removed from the Audit and Finance Committee and appointed as Cochair of the Access to Justice Committee. THAT Paul Dray be appointed to the Audit and Finance Committee. THAT Jack Braithwaite be reappointed as the Law Society's representative on the Canadian National Exhibition Association for a term of one year commencing October 24, THAT Avvy Go be appointed to the Access to Justice Committee. THAT Jacqueline Horvat be appointed to the Proceedings Authorization Committee. 23

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21 Tab 1.5 To the Benchers of the Law Society of Upper Canada Assembled in Convocation The Director of Professional Development and Competence reports as follows: CALL TO THE BAR AND CERTIFICATE OF FITNESS Licensing Process and Transfer from another Province By-Law 4 Attached is a list of candidates who have successfully completed the Licensing Process and have met the requirements in accordance with section 9. All candidates now apply to be called to the bar and to be granted a Certificate of Fitness on Wednesday, September 25 th, 2013 ALL OF WHICH is respectfully submitted DATED this 25 th day of September,

22 CANDIDATES FOR CALL TO THE BAR September 25, 2013 Transfer from another province (Mobility) Joshua Ryan Brubacher Kimberly Margaret Dewar David Julien D'Intino Ashley Rae Dresser Jessica Alisi Fuller Amanda Ashley Gelfant Jennifer Elizabeth Halloran Rain Alexandra Henderson William Glenn Hodge Kyle Close Hyndman Ludmilla Jarda David Raymond McKenzie Kiesman Danielle Nicole Landry Gavin Henry Howes Leitch Heather Rea Mackie James Aristotle Mercury Christopher Daniel Misura Joel Nicholas Myskiw Eveline Qajaq Robinson Taayo Thomas Simmonds Melanie Alexandra Smith Shayna Jaclyn Staniloff Patricia Helen Stirbys William Murray Wilson Transfer from another province (Quebec) Michael Ryan Bookman Jiyung Choi Marie-Christine Josée Dolbec Sherif Mohamed Foda Andrea Erin Grass Stephanie Marla Orleans Rama Pakdaman Lahiji Julia Alice Rys L3 David Cohen Licensing Process Natalie Simone Hansen 29

23 Tab 1.6 Paralegal Standing Committee Report to Convocation September 25 th, 2013 Committee Members Cathy Corsetti, Chair Susan McGrath, Vice-Chair Marion Boyd Robert Burd Paul Dray Ross Earnshaw Robert Evans Michelle Haigh Jacqueline Horvat Dow Marmur Malcolm M. Mercer Kenneth Mitchell Jan Richardson Purpose of Report: Decision and Information Prepared by the Policy Secretariat Julia Bass

24 Committee Process 1. The Committee met on September 12 th, Committee members present were Cathy Corsetti (Chair), Susan McGrath (Vice-Chair), Robert Burd (by telephone), Paul Dray, Ross Earnshaw, Jacqueline Horvat, Dow Marmur, Malcolm Mercer and Jan Richardson (by telephone). Staff members attending were Diana Miles, Terry Knott, Jim Varro, Elliot Spears, Naomi Bussin, Roy Thomas, Helena Jankovic, Eric Smith, Sheena Weir, and Julia Bass. 31

25 CHANGES TO THE PARALEGAL ELECTION PROCESS Motion 2. That Convocation approve the changes to the process for the election of paralegals to the Paralegal Standing Committee as set out in this report. Background 3. On June 27 th, Convocation approved a report from the Bencher Election Working Group, proposing changes to the procedural rules for the conduct of the election of lawyer benchers. The Paralegal Standing Committee has now approved those of the changes that are also applicable to paralegal elections. 4. The Recommendations in the report were as follows: Recommendation 1: a reduction in the number of nominators required for a bencher candidate from at least ten to at least five nominators. Recommendation 2: a requirement that a candidate s biographical information submitted with the nomination form include an address for the candidate. Recommendation 3: a reduction in the maximum number of words in a candidate s election statement from 700 words to 350 words. Recommendation 4: a. a change in the date for the qualification of electors as eligible voters in the election (freezing of the voters list) from the fourth Friday in March in an election year to the first Friday in April; and b. change in the date for the preparation of the polling list of eligible voters in the election from on or shortly after the first Monday after the fourth Friday in March in an election year to on or shortly after the next Monday in April after the first Friday in April in an election year. Recommendation 5: that election materials described in By-Law 3 and prepared by the Law Society shall be distributed to voters electronically by subject to individual accommodation requests under the Human Rights Code for materials in alternate format. Recommendation 6: a call for input on a proposal to modify the regional bencher election scheme. 5. Recommendations 1 and 5 are not required regarding the paralegal election, as they are already in effect, while Recommendation 6 would not be applicable to the paralegal election, as there is currently no regional structure to the paralegal election. 32

26 6. The effect of Recommendation 4 is to shorten the period between the freezing of the voters list and the election. This principle is applicable to the paralegal election, although the paralegal election finishes at the end of March, while the lawyer election finishes at the end of April. 7. Recommendations 2 (requiring a candidate s address) and 3 (shortening the candidate s election statement) are designed to streamline the process and make election statements easier to read. The electronic distribution of the election statements will permit hyper-links, so that candidates may present as much information as they like, on the linked websites. The Committee s Deliberations 8. The Committee considered the proposed changes, as was of the view that they would enhance future paralegal elections. 9. Upon approval, the recommended changes would be implemented by amendments to By-Law 3 (Benchers, Convocation and Committees), included in the report from the Bencher Election Working Group this month. 33