Tab 1 THE LAW SOCIETY OF UPPER CANADA MOTION TO BE MOVED AT THE MEETING OF CONVOCATION ON OCTOBER 24, 2013 MOVED BY: SECONDED BY: THAT Convocation approve the consent agenda set out at Tab 1 of the Convocation Materials. 4
Tab 1.1 THE LAW SOCIETY OF UPPER CANADA MOTION TO BE MOVED AT THE MEETING OF CONVOCATION ON OCTOBER 24, 2013 THAT Avvy Go be appointed to the Hearing Panel for a term ending May 22, 2014. 5
D R A F T Tab 1.2 MINUTES OF CONVOCATION Wednesday, 25 th September, 2013 9:00 a.m. PRESENT: The Treasurer (Thomas G. Conway), Anand, Armstrong, Backhouse, Banack, Boyd, Bredt, Callaghan, Campion, Copeland (by telephone), Doyle, Dray, Earnshaw, Elliott, Epstein, Eustace, Evans, Falconer, Finkelstein (by telephone), Furlong, Go, Gold (by telephone), Goldblatt, Haigh, Halajian, Hare, Hartman (by telephone), Horvat, Hunter (by telephone), Krishna, Leiper, Lerner, MacKenzie (by telephone), MacLean, Marmur, McDowell, McGrath, Minor, Murchie, Murray, Pawlitza, Potter (by telephone), Pustina, Rabinovitch, Richardson (by telephone), Richer, Robins, Ross, Rothstein, Ruby (by telephone), Sandler, Scarfone, Sikand, Silverstein, C. Strosberg, Sullivan, Wadden, Wardle, Wright (by telephone) and Yachetti (by telephone). Secretary: James Varro The Reporter was sworn. IN PUBLIC OPENING OF CONVOCATION The Treasurer introduced Alex Jacobs Elder Waasaanese who the Treasurer advised had earlier performed a smudging ceremony with benchers. Waasaanese opened Convocation with a prayer and teachings on the eagle feathers. The Treasurer introduced Diane Kelly who addressed Convocation and recounted the story of the gift of the eagle feathers to the Law Society by her father. She also spoke to her experiences as a lawyer in the aboriginal community. Susan Hare thanked Elder Waasaanese and Diane Kelly for opening Convocation. TREASURER S REMARKS The Treasurer expressed condolences to the family and friends of Austin M. Cooper, Q.C., former bencher, who passed away on September 24, 2013. 6
The Treasurer expressed condolences to the family of former bencher Marshall A. Crowe who passed away on August 16, 2013. The Treasurer congratulated bencher Malcolm Mercer on being awarded the 2013 Louis St-Laurent Award of Excellence by the Canadian Bar Association. The Treasurer congratulated bencher Derry Millar, former Treasurer, on receiving the Catzman Award for Professionalism and Civility at the Opening of the Courts on September 24, 2013. The Treasurer congratulated bencher Joseph Sullivan who will be receiving the Emilius Irving Award from the Hamilton Law Association on October 24, 2013. The Treasurer congratulated the following benchers who received recognition at the 2013 Lexpert Zenith Awards presented on September 24, 2013: Janet Leiper, Janet Minor, Laurie Pawlitza and Linda Rothstein. The Treasurer congratulated the 241 lawyers called to the bar September 18, 2013. The Treasurer announced the Alternative Business Structures Working Group Symposium scheduled for October 4, 2013. The Treasurer updated Convocation on the progress of the Treasurer s Advisory Group on Access to Justice (TAG) initiative including the TAG Symposium scheduled for October 29, 2013. The Treasurer announced the membership of the Working Group on Legal Information and Support Services which includes Susan Elliott, Chair, representatives James Bennett (The Advocates Society), Douglas Downey (Ontario Bar Association), Dirk Derstine (Toronto Lawyers Association), Janet Whitehead (County and District Law Presidents), John Tzanis (Paralegal Society of Ontario), Rick Haga (County of Carleton Law Association), and benchers Jan Richardson and Adriana Doyle. The Treasurer introduced David Wright, the newly appointed Tribunals Chair, to Convocation. MOTION CONSENT AGENDA It was moved by Mr. Lerner, seconded by Ms. Strosberg, that Convocation approve the consent agenda set out under Tab 1 of the Convocation Materials. Carried DRAFT MINUTES OF CONVOCATION Tabs 1.1 and 1.2 The draft minutes of Convocation of June 27 and Special Convocation of July 15, 2013 were confirmed. 7
MOTION APPOINTMENTS Tab 1.3. That Convocation approve the appointments as set out in the motion at Tab 1.3 Carried 3 8
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IN PUBLIC REPORT OF THE DIRECTOR OF PROFESSIONAL DEVELOPMENT AND COMPETENCE Tab 1.5 THAT the Report of the Director of Professional Development and Competence listing the names of the call to the bar candidates be adopted. Carried PARALEGAL STANDING COMMITTEE REPORT Re: Changes to the Paralegal Election Process Tab 1.6 THAT Convocation approve the changes to the process for the election of paralegals to the Paralegal Standing Committee as set out in the Report. Carried 5 10
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IN PUBLIC LAWPRO Report Ms. McGrath presented the Report. It was moved by Ms. McGrath, seconded by Mr. Silverstein, that Convocation approve the program of insurance offered by LAWPRO for 2014 as set out in the Report at Tab 2. Carried 7 12
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IN PUBLIC EQUITY AND ABORIGINAL ISSUES COMMITTEE/COMITÉ SUR L ÉQUITÉ ET LES AFFAIRES AUTOCHTONES REPORT Mr. Falconer and Mr. Anand presented the Report. Re: Human Rights Monitoring Group Request for Intervention Mr. Falconer presented the Report. It was moved by Mr. Falconer, seconded by Ms. Potter, that Convocation approve the Human Rights Monitoring Group s request for intervention in the following case: China the detention of Lawyer Ni Yulan, with the proposed letter of intervention and public statement presented at Tab 3.1.1 and proposed letters to Lawyers associations as set out at Tab 3.1.2. Carried Re: Challenges Faced by Racialized Licensees Working Group Report Mr. Anand spoke to the Report for information. For Information Challenges Faced by Racialized Licensees Working Group Update Accessibility for Ontarians with Disabilities Act Integrated Regulation Discrimination and Harassment Counsel Ten-Year Report for December 2002 to December 2012 and Report for January to June 2013 Human Rights Monitoring Group Interventions Public Education Equality and Rule of Law Series Calendar 2013 TRIBUNALS COMMITTEE REPORT Mr. Anand presented the Report. Re: Adjudicator as Witness It was moved by Mr. Anand, seconded by Ms. Doyle, that Convocation a. revoke its 1995 policy respecting benchers as witness and replace it with the following policy respecting adjudicators as witnesses: No adjudicator, bencher or elected paralegal member of the Paralegal Standing Committee shall provide written or oral 9 14
evidence as a character witness in support of a party before either the Hearing Panel or Appeal Panel unless the party demonstrates that the inability to put such evidence before the Panel would unfairly prejudice the party. Aucun arbitre, conseiller ou parajuriste élu membre du Comité permanent des parajuristes ne doit fournir de preuve écrite ou orale à titre de témoignage de la bonne moralité à l appui d une partie devant le Comité d audition ou le Comité d appel, à moins que la partie ne démontre que l incapacité de présenter une telle preuve au Comité lui causerait un préjudice indu. b. approve the inclusion of the policy respecting adjudicators as witnesses in the Adjudicator Code of Conduct as set out at Tabs 5.1.1 and 5.1.2. Carried For Information Tribunals Office Quarterly Statistics for the periods ending March 31, 2013 and June 30, 2013 BENCHER ELECTION WORKING GROUP REPORT Ms. Leiper presented the Report. Re: Amendments to By-Law 3 to Implement Reforms to the Bencher Election and Paralegal Standing Committee Election Process It was moved by Ms. Leiper, seconded by Mr. Scarfone, that Convocation approve the amendments to By-Law 3 [Benchers, Convocation and Committees] set out in the motion at Tab 12.1. Carried PROFESSIONAL DEVELOPMENT AND COMPETENCE COMMITTEE REPORT Ms. Minor presented the Report. Re: By-Law 6.1 Amendments Respecting Continuing Professional Development (CPD) Program Changes It was moved by Ms. Minor, seconded by Ms. Horvat, that Convocation: a. approve the proposed amendments to By-Law 6.1 as set out at Tab 12.2 and b. reverse its decision, in paragraph 3(g) of the May 30, 2013 Joint Report to Convocation on the Two Year CPD Review, that a fee be charged to licensees when they return from suspension for having failed to meet the annual CPD reporting deadline of December 31 and/or for failing to complete their annual CPD requirement by December 31. Carried 10 15
Re: By-Law 7.1 Amendments Respecting Summer Law Students Appearing Before Courts and Tribunals It was moved by Ms. Minor, seconded by Mr. Lerner, that Convocation approve amendments to By-Law 7.1 as set out at Tab 12.3. Carried For Information Contingency Planning Resources 11 16
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IN PUBLIC Audit and Finance Committee Report Re: Law Society of Upper Canada Financial Statements for the Six Months Ended June 30, 2013 Mr. Bredt presented the financial statements for the Law Society for the six months ending June 30, 2013 for information. For information LAWPRO Financial Statements for the six months ended June 30, 2013 Law Society of Upper Canada Financial Statements for the six months ended June 30, 2013 LibraryCo. Financial Statements for the six months ended June 30, 2013 Performance of Investment Manager Investment Compliance Reporting ANNOUNCEMENTS BY THE TREASURER AND THE CHIEF EXECUTIVE OFFICER The Treasurer announced that Convocation has approved a registration fee for the Law Society CPD programs and practice management ( professionalism ) content in the amount of $25 for programs under three (3) hours in length and $50 for programs that are three (3) or more hours in length, to begin in 2014. Mr. Lapper announced that the Law Society has concluded a collective agreement with Law Society Security staff for two years, which has been ratified. 14 19
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IN PUBLIC REPORTS FOR INFORMATION ONLY Paralegal Standing Committee Report Professional Regulation Division Quarterly Report 2013 Paralegal Annual Report Professional Regulation Committee Report Amendments to the Rules of Professional Conduct Arising from Implementation of the Federation of Law Societies of Canada Model Code of Professional Conduct Professional Regulation Division Quarterly Report 2013 Lawyer Annual Report CONVOCATION ROSE AT 3:10 P.M. 16 21
Tab 1.3 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 Thursday, October 24 th, 2013 ALL OF WHICH is respectfully submitted DATED this 24 th day of October, 2013 22
CANDIDATES FOR CALL TO THE BAR October 24, 2013 Transfer from another province (Mobility) Ryan Allen Arthur Goodman Kevin John Heinrichs Joseph Logan Atkinson Transfer from another province (Quebec) Charles Edouard Moulins Licensing Process Jonathan Michael Mac Kenzie Trevor Kevin Cunningham 23