View - Nova Scotia Barristers` Society

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SOCIETY
RECORD
VOLUME 28 | NO.2 | July 2010
NOVA SCOTIA
BARRISTERS’ SOCIETY
www. nsbs.org
July 2010SCOTIA
1
VISION, LEADERSHIP, EXCELLENCE – THE LEGAL PROFESSION IN NOVA
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2
The Society Record
Eric Jorden, M.Sc., P.Eng.
Forensic Engineer
Consulting
Professional Engineer
C ontents
VOLUME 28 | NO.2 | july 2010
5
The President’s View
6Briefs
12
Society News
14Accolades – a new column from the Gender Equity Committee
the
Society
Record
is published by the
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Barristers’ Society
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[email protected]
15
Onelight, many voices – Maggie Stewart
16
When Aboriginal law meets German philosophy – Marla Cranston
17
Travels inspire award-winning international law paper – Julie Sobowale
18 Demonstrating leadership in many ways – Marla Cranston
20
A good start: enhancing access to justice for newcomers – Marla Cranston
Pullout section – VOL. 35, No. 3 NOVA SCOTIA LAW NEWS
Case Comments:
• Marjan Enterprises Ltd. v. Meisner, 2003 NSSC 85 – By John C. Cameron QC
• Martin v. Roman Catholic Diocese of Antigonish, 2009 NSSC 331, 284 N.S.R. (2d) 76 –
By Catherine J. Lunn
23
Realizing the potential – Nicki Guichon
25
Admissions: improving the process – Karen Trites
26
2010 National Citizenship and Immigration Law Conference – Plamen Petkov 28
Conversation with Lee Cohen QC: ‘Our future is firmly rooted in immigration’
30
The new face of immigration law in Nova Scotia – Julie Sobowale 32
The consultant and the student – Darrel Pink 34 LIANS – Tips from the Risk & Practice Management Advisor
36
Summation – Julie Chamagne & Lee Cohen QC
FSC_29655 High Res.pdf
4/7/09
12:20:55 PM
inside
Editor:
Marla Cranston
[email protected]
Graphic Design:
Lisa Neily
[email protected]
page 7
page 20
page 26/28
NOVA SCOTIA
BARRISTERS’
SOCIETY
www.nsbs.org
July 2010
3
Legal Careers
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C A N A D A ’ S
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With the exception of First Nations people, all other Canadians
ultimately came from somewhere else – many of us within the
last few generations. Fresh from the positive vibes of Canada
Day and multicultural celebrations in recent weeks, it’s easy to
feel nostalgic about our Pier 21 heritage and embrace the value
of cultural diversity in our communities.
L E G A L
The Society Record
R E C R U I T M E N T
F I R M™
Marla Cranston
Editor, Society Record, Communications Officer
the
president’s
view
to earn the respect of both the public and the members. Indeed,
it is consistent with the public interest to have a membership
that respects the work of its regulator.
Will words in a Strategic Plan really make a difference in how
the Society conducts it work? It is my belief that the difference is
already being felt. Here are a few examples:
A
nother Bar Society year … another Annual Plan … lots of
talk about “mandatory” professional development … a
proposed new Code of Conduct … more rules … more fees
… it’s all about regulating me and imposing consequences for
things I do or fail to do, but not much about providing me with
anything constructive ….
The above perception of the Nova Scotia Barristers’ Society is
held by a number of our members. To them, regulation seems to
be all about imposing requirements and consequences, rather
than providing resources and assistance.
Some would say that even the “objects clause” of our governing
legislation supports this perception. Section 4 of the Legal
Profession Act states that the purpose of the Society is to “uphold
and protect the public interest in the practice of law” – there
is nothing mentioned here about assisting lawyers in their
practices.
But is regulation in the public interest inconsistent with providing
assistance and resources to our members? Absolutely not, and
this reality has been reflected in the recent strategic planning
exercise undertaken by Council.
Over the course of the next three years, the Society has approved
a Plan with three strategic directions:
1. Excellence in Regulation;
2. Enhancing Lawyers’ Competence; and
3. Access to Justice.
Regulating in a manner “worthy of respect”
In setting the strategic direction of “Excellence in Regulation,”
the Society stated its objective as follows: “NSBS continuously
improves its regulation of the legal profession by acting in the
public interest and in a manner that is worthy of respect.” When
Council engaged in discussion on this objective, the point was
made that in order to be worthy of respect, the Society would need
1. When the Tier 2 Family Law Rules training was being
unveiled to members, feedback indicated that the
training was not being offered in enough locations to
meet the needs of lawyers throughout the province. In
response, the Society opened up four training times in
three different locations, with more this fall, and offered
a Lunch & Law seminar;
2. As debate continues on the type of professional
development requirements, if any, that should be in
place for Nova Scotia lawyers, the concepts of program
availability, accessibility, flexibility, cost consciousness
and simplicity have arisen as guiding principles in the
program formulation;
3. With amendments to the Legal Profession Act to be
hopefully passed in the fall, the Society is embarking
on an alternative to the traditional “disciplinary” stream
for lawyers who suffer from addictions, mental health or
other issues impacting their fitness to practice;
4. Surveys are being conducted with individuals involved
in the professional responsibility process to learn
from past experience and improve the process, from
the perspectives of complainants and lawyers. For the
first time, the surveys will include interviews with legal
counsel who have represented lawyers at the receiving
end of complaints and hearings;
5. Significant work is underway by the Family Law Standards
Committee to develop user-friendly resources for family
law practitioners that will consolidate case law practice
guidance, practice tips, ethics rulings and other practical
information on one accessible website.
These are but a few of the examples of how the Society is striving
to meet its stated objective of regulating in the public interest
and in a manner that is worthy of respect – your respect, and
that of the public. This objective will continue to guide all of the
Society’s work throughout the year.
Respectfully yours,
Marjorie Hickey QC
President
July 2010
5
BRIEFS
New Society leadership for 2010 – 2011
The Nova Scotia Barristers’ Society
welcomed new leadership for the coming
year, on June 19 during the Annual General
Meeting in Digby.
President for 2010-2011 is Marjorie A.
Hickey QC, who practises as a partner in
the Halifax office of McInnes Cooper, with
a focus on regulatory and liability issues
for professions. Joining her are First VicePresident Daniel M. Campbell QC (at right),
a partner in Cox & Palmer’s Halifax office,
and Second Vice-President Tim Daley (at
left), of GMPD Law in New Glasgow.
New members of Council this year include
Honorary President John D. (Jack) MacIsaac
QC, Dean Kimberley Brooks of the Schulich
School of Law at Dalhousie and Martin
Dumke of Bridgewater. For Council updates
through the year, visit www.nsbs.org/
workCouncil.php.
2010 June Bar
Admission
Ceremony
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The Society Record
Photo by Lisa Neily/NSBS
The Society held its
annual Bar Admission
Ceremony on June 11 at
Pier 21, Canada’s Immigration Museum, with
the Hon. Justice Leslie J.
Dellapinna of the Nova
Scotia Supreme Court
(Family Division) presiding. Fifty-two new members joined the province’s legal profession,
and most are remaining
here to practise, in locations throughout Nova
Scotia.
BRIEFS
Symposium to Honour Donald Marshall Jr.
Donald Marshall Jr.’s profound impact on the justice system was discussed March 12, at a symposium hosted
by the Society’s Race Relations Committee. His children and other family members attended the event at the Mi’kmaq Native
Friendship Centre, along with Mi’kmaq advocates from across the province, judges, lawyers and scholars. “Junior inspired many of
us in this room to pursue legal and academic careers,” said his former partner Jane MacMillan. Now a legal anthropologist at St.
Francis Xavier University, she thanked the crowd for keeping Marshall’s spirit and ideals alive, adding he dedicated his life “to ensure
that the injustices he experienced would never happen again to anyone.”
Panelists included Dan Christmas, Judge Anne Derrick, Paula Marshall, Daniel Paul, Bruce Wildsmith QC, Carol Aylward, Bruce
Clarke QC, Rocky Jones and more, with offerings by community elders Emmett Peters and Noel Knockwood.
Cathy Benton, Carol Aylward and Judge Anne Derrick
Jarvis Googoo, Dan Christmas, Dr. Jane MacMillan
KIJU BOYZ
Elder Noel Knockwood
July 2010
7
BRIEFS
2010 Annual Meeting: June 18-19 in Digby
Six years of Presidents (l -r): Catherine Walker QC, Ron MacDonald QC, Ron Creighton QC,
current President Marjorie Hickey QC, Joel Pink QC and Phil Star QC
Moderator Justice Jamie W.S. Saunders with panelists (l -r) Kim
Turner QC, Doug Shatford QC and Tony Amoud present a panel on
Generational Differences
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The Society Record
Mingling with Chief Justice Michael MacDonald and
the Hon. Justice Thomas Cromwell
Yoga with Elana Liberman, Professional Development Instructor
Photos by Glen Greencorn/NSBS
La Baie en Joie Dancers
Piper Pat Melanson
BRIEFS
Distinguished honours and achievements
The recipient of the 2010 Distinguished Service Award
is Anne Malick QC of Nova Scotia Legal Aid (centre) in Truro. It was
presented June 19 by Karen Hudson, NSLA Executive Director and
President Marjorie Hickey QC. Ms. Malick is respected nationally for
her contributions to family law, correctional services and the criminal
justice system. Her service to the profession has included mentoring
young lawyers, tackling ethics issues for the Society and providing a key
link to the Family Court.
Shawna Hoyte of Dalhousie Legal Aid received the inaugural
Honourable Lorne Clarke QC Access to Justice Award, presented March
3 by the Legal Information Society of Nova Scotia. Joining her are the
Hon. Constance Glube (wearing her raffle prize) and Justice Lawrence
I. O’Neil, Nova Scotia Supreme Court (Family Division). Ms. Hoyt, who
also works on the mental health crisis team at the IWK Health Centre,
was honoured for her commitment to making justice accessible to
everyone.
Ross Landry, Minister of Justice and Attorney General
for Nova Scotia, attended the February 19 Council meeting, where he
received an honorary membership to the Society.
Then President Ron Creighton QC presented a 50-Year
Certificate to Elmer MacIntosh MacKay QC on April 23. A member of
the Bar since 1960, Mr. MacKay served in several key federal cabinet
posts and was also Solicitor-General of Canada.
July 2010
9
BRIEFS
More award highlights
Alan M. Crowe QC received an award from RELANS Co-Chairs Tony
Robinson QC (left) and Erin O’Brien Edmonds QC (far right) for his 37
years of service to the real estate profession. Also pictured is Catherine
Walker QC.
The Nova Scotia Annotated Civil Procedure Rules, created
and maintained by the Society’s Library & Information Services with
support from the Law Foundation of Nova Scotia, received the Hugh
Lawford Award for Excellence in Legal Publishing in May. On hand to
accept the award at the Canadian Association of Law Libraries (CALL/
ACBD) conference in Windsor, Ontario, were Susan Jones, Barbara
Campbell and Deborah Copeman of L&IS.
Testimonial Dinner
The Society hosted the 2010 Testimonial
Dinner on January 8, in honour of ten recent
appointments to the Bench and five retirements.
Standing (l – r): President Ron Creighton QC, Chief
Judge Patrick Curran and the Hon. Justice Peter
Bryson, Judge Jean M. Dewolfe, Hon. Justice David
Farrar, Judge Richard MacKinnon and the Hon. Justice
Duncan Beveridge. Seated: The Hon. Chief Judge
John D. Comeau, Chief Justice Joseph P. Kennedy and
new Judges Pierre Léon Muise, Del Atwood and Jean
Whalen.
Also this year, Continuing Professional Development
launched the successful new Sunset Series with
the Bench – Civil Advocacy Tips for Lawyers. Three
sessions in May and June covered trial advocacy and
appellete advocacy issues, and tips for working with
unrepresented clients in the courtroom.
Photo by Lisa Neily/NSBS
10
The Society Record
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7.5" x 4.25.indd 1
HA0110
4/27/10 9:49:21 AM
July 2010
11
society
news
Admissions & Professional Development
Finance & Administration
The Skills Course has been significantly updated
for September 2010, with a new format and greater emphasis
on development of the skills most relevant to new lawyers at
the outset of their legal practice. It will now be delivered in two
parts: a classroom component requiring three weeks in the fall,
followed by an online portion over several months in the winter.
The Society’s fiscal year end was April 30, 2010, and
the Society’s Audited Financial Statements were presented to the
membership at the Annual Meeting in Digby on June 19.
The classroom portion will involve three full-time weeks of inperson instruction and evaluation on competency in the following skills: Interviewing and Advising; Negotiation; and Oral Advocacy. Clerks will not be permitted to do work for their articles
during this time. These sessions will be delivered three times
between September and November; Clerks can select their first,
second and third choices of session dates, as in the past.
The online portion will take place from late January through midMarch, while Clerks are completing their articles. Readings and
online assignments will take no more than four or five hours per
week. Clerks will be evaluated on the following skills, which lend
themselves well to online study: Legal Writing; Legal Drafting;
and Practice Management.
The Society is working with the Canadian Centre for Professional Legal Education (CPLED) to provide the online component,
modelled after the Bar Admission course offered in the three
Prairie provinces. Local Professional Development Instructors
will be available online daily to answer questions and assist students with any difficulties or concerns.
It’s important to stress that the skills to be assessed and standards for evaluation are not changing – these remain as prescribed by the Credentials Committee, pursuant to Regulation
3.6.4. Online assignments and evaluations will be graded by the
Instructors as they are now. The major difference is a reduction
in class time. By incorporating online study into the demands of
articling work, the Clerks will gain valuable time management
skills while blending learning into their practices – a good introduction to continuing professional development.
Practice Management was always taught, but will now also be
evaluated. Clerks will be asked to complete a short Trust Account
Assessment, and a personal professional development plan for
their first five years of practice, which lays a solid foundation for
continuing competence.
For more details, contact Admissions & Professional Development at 902.422.1491.
12
The Society Record
The Society’s General Fund ended the year with a surplus of
$423,284. This was due to some revenue items coming above
budget (Investment Income and Admissions and Professional
Development) and some below budgeted expenditures
(Administrative Salaries). Of particular concern in 2009/10 was
that Practising and Admission Fees, while marginally higher
than in 2008/09, were below budget by $4,000. In the January
2010 issue of the Society Record we identified the slowing of
membership growth as a concern for the Society.
The complete Annual Report of the Society (including the
Financial Statements) can be found on the Society’s website at
www.nsbs.org/annualReport.php.
Included in the Annual Report is a report from the Task Force
on Committees. As Council continuously works to improve its
governance practices, reviewing committees and their mandates
was a logical next step. The Task Force completed its work and
presented the results to Council and Committee Chairs in June.
The complete report is accessible on the Society’s website at
www.nsbs.org/workCouncil.php.
society
news
Library & Information Services
Professional Responsibility
The Nova Scotia Barristers’ Society and Library &
Information Services (L&IS) were honoured this past May with
the Hugh Lawford Award for Excellence in Legal Publishing, for
the Nova Scotia Annotated Civil Procedure Rules (http://nslaw.
nsbs.org/nslaw/). Established by the Canadian Association of
Law Libraries (CALL), this award recognizes high-quality materials
for use in understanding and researching the law. In addition,
the Annotated Civil Procedure Rules website was presented by
L&IS staff at CALL’s annual meeting as part of the association’s
Innovation Gallery, an electronic poster session of new and
inventive initiatives from law libraries across the country.
Amendments to the Legal Ethics Handbook (the
“Handbook”) were approved by Council on May 28, 2010.
Much behind-the-scenes work was undertaken by L&IS staff
to prepare for the coming into force of the new Family Rules
on June 30. This work included adding Rules 59 to 62 to the
Annotated Civil Procedure Rules website, along with the
accompanying forms. Further improvements related to the new
Family Rules are planned for the summer, including an updated
table of concordance and the addition of over 800 new entries to
the comprehensive, linkable index.
The former exception in 5.11 has been broken down into a new
5.11 and 5.12, which address disclosure related to fees and to
defend against criminal or other allegations, respectively. In both
cases, the need to limit disclosure to the extent necessary is
critical. The new 5.13 is intended to provide guidance on this point;
it also addresses the need to exercise restraint in making such
an assessment, and the importance of considering to whom the
allegations were made, as well as the appropriateness of advising
a client where disclosure of the client’s confidential information is
required to defend against allegations made by a third party.
The Sentencing Table, Personal Injury Damages Table, and
Wrongful Dismissal: Notice Periods Table, all of which are created
and/or maintained by L&IS staff, will undergo changes this
summer as well. These tables currently reside on the Society’s
website as static PDF documents, but L&IS staff are transforming
these tables into interactive tools with keyword searching
capabilities and drop-down selection boxes. Watch InForum for
further announcements about the progress of this work.
Recent budget cuts have forced L&IS staff to make decisions
concerning the Society’s circulating collection of textbooks
and treatises. Members should be aware that certain looseleaf
textbooks in the collection will be updated only once per year.
Notes to this effect are included in the Textbooks/Treatises
catalogue available online through the Society’s website.
Members who do not find what they need in the collection
should speak to staff. L&IS is part of a national resourcesharing agreement among courthouse and law society libraries
across Canada. This arrangement is a fiscally responsible and
cost-effective means of expanding L&IS’s access to additional
resources.
For more information about L&IS’s tools and resources, please
contact staff by calling 1 866 219 1202 or 425 BOOK (2665) or
sending an email to [email protected].
Chapter 5 – Solicitor-client privilege and the confidentiality of
client communications are foundational principles in a solicitorclient relationship, and vital to the effective functioning of the
justice system. Therefore any exceptions to this rule must be
very clear. The amendment is intended to provide more clarity
and guidance regarding the ethical duties owed in a situation
where disclosure of confidential information may be warranted
or necessary.
Chapter 7 – The amendment to the rule regarding the preparation
of wills for clients now requires any lawyer who is the recipient
of a testamentary gift to send the client for independent legal
advice (ILA). A definition of ILA has been added to the Guiding
Principles of Chapter 7 to clarify that ILA must be provided by a
lawyer who is not an associate of the referring lawyer.
Following the example of the Model Code of Conduct developed
by the Federation of Law Societies of Canada, an exception to the
amended rules in 7(g) and 7(g) is made for close family members.
A definition of ‘family member’ has been developed for clarity, and
is also included in the chapter’s Guiding Principles section.
Under the former Rule 7(f), lawyers were required to disclose
the nature of the benefits which would accrue to the lawyer
as a result of being named as the executor or executrix in the
client’s will. To ensure the protection of clients, the amended
rule requires this disclosure be provided in writing to the client,
along with the recommendation (but not requirement) of ILA, in
order for the lawyer to obtain the client’s informed consent and
proceed with the transaction.
The amended Chapters 5 and 7 are now available on the Society’s
website in the updated Legal Ethics Handbook.
July 2010
13
ACCOLADES
The welcoming faces of
I
Immigrant Settlement an
d Integration Services
magine getting off a plane at Halifax Stanfield International
Airport. You know the one. But instead of what you’re used
to, imagine you don’t speak the language that everyone else is
speaking. More importantly, you have nowhere to live, no job, no
schools for your children – you don’t even know how to buy groceries
in this foreign land. Oh, and you have just enough money to last you
a month. Where would you go from here?
the Society’s Equity OfHeidi Schedler & Dale Darling
fice. This program conNova Scotia Securities Commission &
nects current NSBS
Department of Justice (NS)
members with immigrants who have been
internationally, legally trained and are interested in pursuing a legal
career here in Nova Scotia.
The Immigrant Settlement and Integration Services, also known
as ISIS, was created by the merger of Halifax Immigrant Learning
Centre and the Metropolitan Immigrant Settlement Association
(MISA). This is likely where you would head first. Through a
wide variety of government programs, ISIS assists immigrants in
settlement, English as a Second Language learning, and employment
and entrepreneurship. Many of the internationally trained lawyers
we have welcomed as members of the Society found themselves at the
doorstep of ISIS at one point or another.
Further legal education support for the immigrant community is
provided through the Legal Workshop Series at ISIS, offered in collaboration with Dalhousie Legal Aid, the Legal Information Society
of Nova Scotia and the Community Justice Society. The series covers
topics ranging from family, employment and criminal law to human
rights, immigration law and child protection issues.
ISIS offers numerous services and sessions to newcomers including
orientation, resettlement assistance, individual and family counselling,
crisis services and, importantly (as all winter-loving Canadians know),
a workshop titled “Surviving Winter in Canada.” Brrrr.
The vast majority of ISIS staff have lived and worked internationally,
which adds a wealth of cross-cultural understanding and competence.
Many staff members began their connection with ISIS as clients or
volunteers. And, in a profession where we can all sympathize with
low retention levels, ISIS staff seem to stick around.
ISIS works closely with community partners, including the Society
and our members, towards a goal of integration. You may have heard
of the mentorship program currently coordinated between ISIS and
14
The Society Record
The contributions of ISIS toward the integration of new Nova
Scotians have benefits for all of us, and for the legal system. Members
of the Society benefit from the diversity of these newcomers, who are
a vibrant source of new ideas with a strong desire to contribute to the
legal profession and to their new communities. For many newcomers
who arrive at Halifax Stanfield International, ISIS is a welcome haven
where they learn to adapt to their new home – while it helps the rest
of us begin to understand what it means to live in an increasingly
multicultural society.
We welcome your submission to Accolades! In each column we will
showcase a different lawyer, firm, group or association to recognize how
they are effecting change in the profession. Feel free to contact a member
of the Gender Equity Committee or Equity Officer Emma Halpern at
[email protected] to discuss your submission. For more details on ISIS,
see www.isisns.ca.
Onelight, many voices
Innovative theatre company stages culturally diverse stories
culture and heritage, and his experiences navigating between two
homes: Canada and Iran. We have found that although the stories
have been told from an Iranian perspective, they resonate with people from many cultural backgrounds.
Through our work, Onelight has been able to provide new cultural
experiences to “mainstream” audiences, while also enabling culturally diverse members of our community the rare opportunity to see
their experiences and their artists presented in Nova Scotia’s professional theatres.
It is important to us that the arts and culture of our community
reflect not only dominant, mainstream experiences, but also the
perspectives and voices of those who are in the minority. Through
our artistic work, Onelight Theatre demonstrates there is a place
for everyone’s voices and experiences in Nova Scotia’s “mainstream”
culture.
The Veil: Genevieve Steele, Nadiya Chettiar and Sarah Kitz
Photo by Scott Munn
T
he same year I
began attending
Stewart McKelvey
Dalhousie
Law
Managing Director, Onelight Theatre
School, my husband
Shahin Sayadi and I established a professional theatre company:
Onelight Theatre. We started in 2002, working out of The Crib,
a small performance space we created behind Persian Bazaar, a
specialty food store we operated on Halifax’s Gottingen Street. Over
the years, we have grown considerably and now perform locally,
most recently at Neptune’s Studio Theatre, while also undertaking
national and international tours of our original productions.
Maggie Stewart
Onelight Theatre’s work is distinct in our region. We are the only
culturally diverse, professional theatre company east of Montreal
and we take our performances – and the roles we play in the community – very seriously.
On the artistic side, Onelight works with a talented and resourceful
team of musicians, composers, writers, actors, designers and technicians to bring innovative theatre productions to the stage. In the past
eight years, we have debuted nine original theatre productions and
currently have two plays in development.
To promote the professional development of Aboriginal and culturally diverse artists both locally and nationally, Onelight also undertakes a number of community-building projects. Through the Firestarter mentoring program, Onelight provides ongoing support to
artists who are working to build their own professional theatre companies. We provide mentoring in both the artistic and administrative
aspects of building a sustainable arts organization. Our first Firestarter participant, Shauntay Grant, has been working with Onelight to
develop and stage her original play, Fly Away Home, and to navigate
the course of establishing and funding her own theatre company.
Another important Onelight initiative is Prismatic, a biennial festival and conference that showcases and celebrates new works by
Canada’s leading Aboriginal and culturally diverse artists. Prismatic
2010 will take place from October 10 to 17, 2010, and will feature
dance, theatre, music, film, spoken word and visual arts in free public performances and ticketed shows. A three-day conference during
the festival will bring together Aboriginal and culturally diverse artists and key stakeholders from across Canada. Through Prismatic,
Onelight Theatre is providing unique cultural opportunities to
Nova Scotian audiences while also supporting the professional development of artists from across Canada.
Over the years, my legal training and experience has both informed,
and been strengthened by, my work with the theatre company. My
work as a litigation associate at Stewart McKelvey and as the Managing Director of Onelight Theatre are both important to me and
to my ability to contribute to my community. I am grateful for the
support I have received from my firm and my family to continue to
pursue both of my passions.
Onelight strives to bring new voices and new stories to the stage.
Our recent productions, The Veil (which toured in Iran) and Return
Ticket: Halifax-Abadan-Halifax, have drawn directly on Shahin’s
July 2010
15
Photo by Nick Pearce/Dalhousie University
John Rogers QC, Stewart McKelvey; Naiomi Metallic, Burchells LLP;
law student José Rodriguez
T
aking a philosophical approach to questions of law and
culture led José Rodriguez to win the 2010 Race and the
Law Paper Prize for his essay, “The Constitutive Character of
Aboriginal Law to the Canadian Legal System.”
In his paper, the second-year law student argues sui generis Aboriginal
law can have real meaning within the Canadian legal system, and
offers practical ways to find common ground in the courtroom.
Deriving the term ‘constitutive’ from German idealism, Rodriguez
uses a metallurgical analogy to explain: “If one is trying to make
bronze, copper is a constitutive element. It means something that
is an element of something else, without which that other thing
cannot be what it purports to be. Thus, I contend that the Canadian
legal system cannot purport to be legitimate without recognizing its
tripartite basis in Common, Civil and Aboriginal legal systems.”
Now in its second year, the award was presented by the NSBS Race
Relations Committee and sponsors Stewart McKelvey in a May 28
ceremony at Schulich School of Law. As the school year wrapped
up, Rodriguez received more good news all at once: he received the
Smith Shield for moot court, qualified for a scholarship and received
a summer job offer from the Department of Justice.
Not bad for someone who never expected to pursue a law degree.
After stints in landscaping, restaurants, academia and the B.C. civil
service, he was working as a child care subsidy adjudicator in Victoria
when law piqued his interest.
“I became aware for the first time that government and legislatures and
yes, even lawyers, were trying to do some good in the communities
they serve,” says Rodriguez. “Lawyers became real people for me, not
a stereotype, and I realized I could do a lot more with a law degree
than I could without.”
16
The Society Record
When
Aboriginal
law meets
German
philosophy
He says he’s grateful the essay prize exists, to provide a public voice to
perspectives that might otherwise be marginalized, and adds: “I feel,
out of all this, an obligation to continue to live up to the purpose and
promise of this venue.”
Travels inspire awardwinning international
law paper
Julie Sobowale
Freelancer
A
lison Hopkins knew she would end up in Africa someday. Her
grandparents lived in Tanzania for five years and her parents
had frequently visited. When Hopkins decided to tour East
Africa, including stops at the Rwandan tribunal, she was touched.
“The trip was amazing, shocking and disturbing,” she says. “It was an exhilarating adventure.”
Hopkins is the most recent recipient of the Canadian Council on International Law’s
Ronald St. John Macdonald Young Scholars Award, for her paper, “Defining the
Protected Groups in the Law of Genocide.” Having just graduated from the Schulich
School of Law at Dalhousie University, she is now completing her articles at Blake,
Cassels and Graydon LLP in Ottawa.
Her paper outlines the current definitions of protected groups under the 1948 United
Nations Genocide Convention, and how these definitions will evolve in the future. The
four protected groups under the Convention are race, nationality, ethnicity and religion.
Hopkins studied cases from the International Criminal Tribunal for Rwanda (ICTR) and
the International Criminal Tribunal for Yugoslavia to determine whether the definitions
are still useful.
If we’re going to work on protecting
human rights, we need to understand how
the past influences these distinctions.”
“There can be fake distinctions,” she says. “When the Belgians colonized
Rwanda, they created the false dichotomy about ethnicity but the people lived
under this distinction. Anthropologists have determined that there is no ethnicity,
just what people believe. If we’re going to work on protecting human rights, we need
to understand how the past influences these distinctions.”
Hopkins’ inspiration came during her travels in Africa, where her involvement with
Canadian Lawyers Abroad gave her the opportunity to view the ICTR trials.
Hopkins hopes to continue her work in international law and someday practise law abroad.
“International trade is very intriguing,” she says. “I love bringing awareness to international issues
and meeting people from different cultures.”.
Photo by Nick Pearce/
Dalhousie University
“The Hutus and Tutsis are not so different in terms of ethnicity or religion,” she says. “Most
of their differences are based on economics. One group herds cattle while the others are grain
farmers. The people believe in the distinction, so the international law can be applied but most
groups don’t fit in the definition.”
Photo by Nick Pearce/Dalhousie University
Demonstrating leadership in many ways
L
eadership began for Ian Sinclair through athletics, as football
team captain during his three years at Mount Allison University.
Sinclair received the NSBS Presidents’ Leadership Award upon
graduating in May from the Schulich School of Law at Dalhousie, for
his significant community and law school involvement.
Failure Investigations
Analysis and Design
Building Restoration
Reports for Litigation
Consulting Professional Engineering
His love of sportsmanship continues – he coached Halifax high
schoolers in football and running throughout his combined LLB/
MBA studies – as does his interest in leadership.
“The hardest part of graduating is not being involved in the Domus
Legis Society on a daily basis anymore,” says Sinclair, its president
this past year. He oversaw major changes to the law student group’s
website and logo and made progress toward its long-term goal
of finding a permanent future home on campus again, examining
everything from zoning to financing hurdles.
“Domus Legis has the potential to play such a major role in students’
lives,” says Sinclair. “It’s the social cornerstone for the entire law
school … and helps you realize the importance of making those
connections while you’re still at school.”
Now articling at Boyne Clarke, Sinclair commends the Dartmouth
firm for fostering a community-minded spirit. A participant in the
firm’s summer students program last year, he was assigned to some
projects with Nova Scotia Nature Trust and continued on through
the year, learning more about conservation laws along the way.
Established in 2007 by Past Presidents Phil Star QC (seen here with
Sinclair) and Catherine Walker QC, the Presidents’ Leadership
Award was created to emphasize the importance of leadership in a
lawyer’s career.
18
The Society Record
James (Jim) W. Cowie, P.Eng.
B.Sc., B.Eng., M.Eng.
President
Suite 200
1046 Barrington Street
Halifax, Nova Scotia
B3H 2R1
tel (902) 422-4493
fax (902) 422-5066
res (902) 423-4318
[email protected]
www.cowieengineering.ca
Halifax • Toronto
Consulting Structural, Architectural and Forensic Engineering
Incorporated in Halifax in 1972
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July 2010
19
A good start
Enhancing access to justice for newcomers
in Nova Scotia
Marla Cranston
Communications Officer
I
had two weeks to pack my bags,”
Marianela Fuertes recalled, telling
Council’s recent community
meeting how her family ended up in
Canada seven years ago.
In her home country of Colombia, Fuertes was an auxiliary judge and
constitutional law professor, married to a public prosecutor of major
crimes and human rights cases. When they found out about a plot to
kill him and their son, who was four at the time, they wasted no time
leaving their lives behind.
“When we arrived, we did not speak
the language and we didn’t know
anybody,” she said, speaking to a
crowd of more than 100 newcomers,
lawyers and immigration service
providers on May 28 in Halifax.
With 21 languages spoken in the crowd at St. Andrew’s Centre,
nine interpreters and a “graphic recorder” assisted in translating the
meeting, which included presentations, smaller group dialogues, an
African dance performance and an international lunch buffet.
The day was an opportunity for everyone to learn more about each
other, discuss language and cultural barriers, and explore ways that
lawyers can help their clients better navigate the justice system. It
was co-hosted by the Immigrant Settlement and Integration Service
(ISIS), the Legal Information Society of Nova Scotia (LISNS) and
the Community Justice Society (CJS).
Fuertes found work as a caseworker for CJS, shortly after her family
relocated to Halifax from their first stop of Winnipeg. She has also
been doing a lot of research for the organization and designed a
training program to improve services for newcomers.
“It’s amazing work,” said Fuertes, adding her clients feel a certain
comfort level knowing she understands what it’s like to be in their
shoes. “I really enjoy it and it has a lot of potential. I’m grateful for the
The Society Record
Unfortunately, her husband had no such luck, working first at
a fast-food hamburger outlet and then for a grocery store. For
lawyers trained in civil law systems in other countries, the process
of accreditation in Canada can be lengthy and complicated, often
requiring a return to law school. So when the United Nations offered
him a post as coordinator of human rights prosecutions in Guatemala
a few years ago, off he went.
Feeling that Nova Scotia is a safer place to raise their son, the couple
maintains a long-distance marriage
and try to visit a few times a year.
They’re gearing up for a family
vacation in Guatemala at the end of
July.
“We don’t need charity. We just
want to be useful and to be
part of this community.”
Titled “No Holds Barred,” the Nova
Scotia Barristers’ Society event was the latest in a series of public
outreach sessions that aim to examine specific access to justice issues.
The Society has hosted similar events at Auburn Drive High School
in Cole Harbour and in Membertou, Cape Breton, using a unique
approach that hasn’t been tried by any other law society in Canada.
20
opportunity to do something that allows me to use my knowledge.”
“I count the dates. I miss him
terribly,” she said.
For Rose Cadogan, who was a lawyer in Guyana, finding work here
has been tricky even without a language barrier. She arrived seven
years ago to do a master’s degree in marine and environmental law,
and also felt Halifax would be a better place to raise her family. She
appreciates the temporary contract jobs she’s had within government
but craves the security of a permanent position, hard to find at a time
of public sector cutbacks and before the baby-boom retirement wave
really hits.
“I was not in any way, shape or form prepared for this labour market,”
she said. “I wish that there had been more correlation between what
the federal system says the country needs in terms of skills and the
realities of the provincial labour market. They give you the impression
the need is there.”
Going back to law school 20 years after getting her law degree isn’t
an option – it’s costly and she hasn’t had enough work to save up for
another degree program.
“By coming here, I never figured I would be starting over from
scratch,” Cadogan added.
Fuertes says in order to maintain their sense of identity and purpose,
lawyers need to have meaningful – and at least somewhat related –
work opportunities.
Marianela Fuertes of Colombia (foreground) with other speakers and attendees at Council’s community meeting.
July 2010
21
“We don’t need charity. We just want to be useful and to be part of
this community,” she said.
Having more lawyers from different cultural backgrounds has been
identified as a factor in improving access to justice for the general
population of newcomers. Lawyers with international perspective can
interpret not just the words for their clients, but also the laws and the
cultural context. For family matters, “the concept of split custody
doesn’t even exist in some cultures,” noted legal aid lawyer Krista
Forbes, another speaker at the meeting.
Cultural awareness is increasingly a priority within the legal profession
in Nova Scotia. The Equity Office introduced a cultural competency
speaker series within the Society’s Lunch & Law program last year,
with more professional development seminars planned for future.
The Society is also taking the lead in enhancing collaborations and
analyzing how other agencies within the justice system are connecting
with newcomers.
“It’s our mandate to govern the legal profession in the interest of all
Nova Scotians, and that includes people who are new to the country,”
said Past President Ron Creighton QC, who helmed the special
Council meeting, adding the important dialogue will continue.
“It’s a growing segment of the population, and this is an ongoing
commitment for the Society.”
Cadogan and Fuertes are among 30 internationally trained lawyers
(ITLs) who have been providing input to the Society and a larger
stakeholders group over the past year and a half, in an initiative that’s
finding ways to improve the current process for lawyers. The group
also includes representatives from the province, the Federation of
Law Societies, the Schulich School of Law, ISIS and more, and the
ITLs have also formed their own association for support.
Interpretation is another area seeing ongoing improvements, as
interpreters meet with judges and lawyers to develop certification
criteria for future accreditation of legally trained interpreters.
“There’s a lot of legal terminology and procedures, so it’s important
for every step of the process: legal aid, correctional services, the courts,
the police department,” said Juan Carlos Canales of Access Language
Services, which provides services in nearly 50 languages.
Canales, who moved here in 1978 from Chile, said court can be
baffling and uncomfortable, whether you’re there for a traffic ticket,
a divorce or a criminal proceeding. Clients appreciate pre-court
appointments with their lawyers, to get an explanation of the process
and what to expect.
Added Fuertes: “If you have a client in front of you who is not from
the country, try to get a sense of how they interpret the world. Once
you connect with them, you are going to find a human being who has
the same hopes and fears as anyone else.”
On the flip side, it’s equally important for immigrants to learn the
language as quickly as possible in order to integrate, she told the group.
“A lack of communication will quickly fill up with assumptions.
How do you have any confidence in the justice system if you don’t
understand the language?”
After the meeting, Fuertes said the event was “like a dream come
true; it’s something that has never happened before.” It gives her great
hope the justice system – and the legal profession – will become more
responsive and accessible to newcomers.
“Just like housing or health or education, justice is a primary area to
be covered. Now that there’s contact, it will hopefully continue. It
was really a very important start.”
Council member Christa Brothers (5th from left) in discussion with participants at the May 28 meeting
22
The Society Record
SS ACCESS LINE DO NOT CROSS ACCESS LINE DO
NOT CROSS
Realizing the potential
B
y now, most of us are familiar with
the business reasons for hiring proResearch Assistant
fessionals from other countries: they
bring creativity and innovation, introduce
new markets and ways of thinking, increase our global outlook, and
are eager to prove themselves. However, the contributions of internationally trained lawyers (ITLs) extend far beyond economics and
cultural awareness. ITLs are an increasingly essential aspect of access
to justice in Canada.
Nicki Guichon
tem has a variety of access issues for many Nova Scotians, but this is
especially pronounced for newcomers. Local ITLs can bridge this gap.
Wendy Turner, manager of the Legal Information Society of Nova
Scotia, has seen first-hand the confusion and distress newcomers experience.
“With more internationally trained lawyers, the legal system would be
better able to offer services
in non-official languages,
have a clearer understanding of how the legal system
works in other countries,
and have a greater sensitivity to how cultural differences may impact legal
problems,” she says
Other than recognition of education
and experience from civil law
jurisdictions, the barrier proving to be
the most challenging is access to the
Nova Scotia legal job market.
Nova Scotia is becoming a primary destination for newcomers;
the outside world has caught on to
the province’s beauty and friendly
“small-town” character. And with
Nova Scotia having the second
oldest population in the country,1
an influx of new professionals is a
good thing. Internationally trained
lawyers can serve this newcomer
community in important ways –
not only can they help with interpretation of language, but they can
also help interpret legal systems and cultural practices. Our legal sys1
Nova Scotia Office of Immigration, Nova Scotia Education Skills
and Learning Branch, Nova Scotia RDA, Credential Recognition: Canadian Labour
Mobility and International Credential Recognition, September 2007
One place where language
and cultural differences
can cause serious misunderstanding is in the courtroom. Nivin Nabeel, a lawyer from Jordan,
currently works as a court reporter in Nova Scotia Provincial Court,
where she has seen accused persons spend unnecessary time detained
due to breakdowns in communication.
July 2010
23
“Not being able to speak English is part of the problem; the other
problem is due to differences in culture,” says Nabeel. “These differences cause the non-English speaking person to become very confused, as some of the illegal action they commit is perfectly acceptable
in their culture. Some interpreters are not qualified to present this
side to the courts.”
Nova Scotia is on the path toward making better use of our local
ITL talent, thanks to a current Society initiative in collaboration with
the Office of Immigration, Labour and Workforce Development, Immigrant Settlement & Integration Services, the Federation of Law
Societies of Canada and Schulich School of Law. Through extensive
research conducted last summer, the Society released a report finding
the main obstacles to be access to information, recognition of foreign
credentials, and access to the local job market. Even though we are
still a long way from achieving our goal of smooth and efficient accreditation and integration, significant steps have been made toward
improving the process.
Arguably the most significant of these are the changes to the National
Committee on Accreditation, the foreign legal credential assessment
body, administered by the Federation of Law Societies. Deborah
Wolfe, P.Eng, brought her expertise from the Engineers Canada program “From Consideration to Integration,” which helped the NCA
accreditation system with its evolution toward a stronger process of
transparency, regulation and fairness.
Upcoming Continuing
Professional Development
programs this fall:
• Reverse Networking for Lawyers
September 29, 2010
• Annual Criminal Law Conference
November 26, 2010
• Environmental Law: Litigation Lunch & Law
• Business Law Lunch & Law Series
(7 events):
-Taxation
-Corporate Commercial
-Litigation
-Dates to follow...
Plus more…
The Society has also made many efforts to become more “transparent, objective, impartial and procedurally fair,” in accordance with
Nova Scotia’s Fair Registration Practices Act, in force since December
2009. These changes include updating the website to be more userfriendly and informative, creating clear guidelines and procedures for
assessing credentials and qualifications, and improving communication with internationally trained lawyers. These steps may seem small
but will be vital in effecting meaningful change over time.
Other than recognition of education and experience from civil law
jurisdictions, the barrier proving to be the most challenging is access to the Nova Scotia legal job market. Current trends also show
employment success can often depend on country of origin. Lawyers from the United States and England typically do not have as
much difficulty finding employment, not just because they share
our language, but also because their legal, business and cultural environments are similar. Meanwhile, lawyers from civil jurisdictions or
common law jurisdictions such as Pakistan and Guyana experience
extreme difficulty finding even legal assistant positions. Even though
these lawyers may be from very different legal systems, many have
something valuable to contribute, in some capacity.
The research process has allowed the Society to make meaningful
connections with more than 30 ITLs who have made Nova Scotia
their home. Each has unique legal backgrounds, talents and reasons
for coming here. Even though lawyers trained elsewhere might approach interpretation of the law or legal systems differently, one thing
is certain: each and every one has shown great willingness to learn and
adapt, and each has a great capacity to enrich our legal community.
Nicki Guichon is a third-year law student who has been working with the
Society on its ITL research initiative.
24
The Society Record
Michael B. Murphy, Q.C.
BILINGUAL MEDIATOR
Michael B. Murphy, is an experienced litigator practicing since 1983 in
commercial, family and personal injury litigation primarily and having been
lead counsel on a number of precedent setting cases. A member of the New
Brunswick and Nova Scotia Bar, he was appointed Q.C. in 2007. Possessing a
Business Administration Degree (1980) Bachelor of Law (1983) and Masters
of Law (ADR) (2002). He is available for MEDIATIONS, ARBITRATIONS and
CONCILIATIONS in litigation throughout the Maritime Provinces.
Mr. Murphy is fluently bilingual having practiced and tried cases in both
official languages throughout his career. He is the former Minister of Health,
Attorney General, Justice Minister and Government House Leader for the
current government in New Brunswick.
MICHAEL B. MURPHY, Q.C./c.r.
Murphy Collette Murphy
P.O. Box 869, 250 Lutz Street
Moncton, NB E1C 8N6
Phone: (506) 856-8560 | Cell: (506) 875-6657
[email protected]
Admissions
Improving the process for
internationally trained lawyers
H
earing from internationally
trained lawyers is one of the
Officer, Admissions
rewarding aspects of working
in Admissions & Professional Development at the Nova Scotia Barristers’ Society. For some of these individuals, coming to Canada to practise law is exciting and part of life’s
adventure; for others, it’s daunting and full of uncertainty. Each has
a unique story to tell.
Karen Trites
These situations are challenging for Admissions staff – on the one
hand, we want to encourage internationally trained lawyers to become licensed here for the qualities and life experience they bring;
however, to protect the public, we must ensure that each person being
admitted to the Bar meets Nova Scotia’s competence, character and
fitness criteria. Satisfying these requirements takes time. Expectations
must be managed because after going through the credentialing and
admission process, there may not necessarily be a job at the end. The
road to licensure may be long for some. How do we sound welcoming
and cautious at the same time?
First of all, we encourage emigrating lawyers to start their licensing
process before coming to Canada. All applicants for admission must
have a Canadian common law degree or the equivalent. International
law degrees have to be assessed for equivalency. The National Committee on Accreditation, established by Canadian law societies, assesses these international law degrees on behalf of the Society. This
organization will issue a Certificate of Qualification, once the internationally trained lawyer has completed all equivalency requirements.
This takes time – how much time depends on the international law
degree and the type of law practised in the foreign jurisdiction.
An internationally trained lawyer must be lawfully entitled to be employed in Canada in order to apply for admission upon transfer from
a foreign Bar. This means that the applicant must be a Canadian citizen, have landed immigrant status or have a work authorization from
Canadian authorities. This process also takes time.
If an internationally trained lawyer receives a Certificate of Qualification from the National Committee on Accreditation and is lawfully
entitled to be employed in Canada, they can then apply for admission
on transfer to the Nova Scotia Barristers’ Society. While the same
documentation is required of all transfer applicants, obtaining the
paperwork can often be more complicated for internationally trained
lawyers; documents may have to be translated or authenticated. The
Society strives to work through these challenges with our internationally trained applicants. This, too, can take time.
Once an application for admission on transfer is complete, the file
will be reviewed, the application processed and a decision prepared.
Internationally trained lawyers will be required to pass our Bar Examination in order to be eligible for admission here. Whether they have
to meet other conditions to confirm their competence to practise in
Nova Scotia will depend on the following factors:
•
•
•
•
•
•
the legal system of the foreign jurisdiction;
the applicant’s overall practice experience in the foreign
jurisdiction;
the length of time the applicant practised in the foreign
jurisdiction;
what the applicant has been doing since arriving in Nova
Scotia;
whether the applicant has kept their legal knowledge current; and
what the applicant intends to do upon admission to the
Nova Scotia Bar.
Once an internationally trained lawyer meets all of the conditions of
their transfer ruling, they are eligible for admission.
Admissions staff and the Credentials Committee are working hard to
provide better information to internationally trained lawyers. Over
the past year, policies have been developed, our website now sets
out clear steps to licensure and we participate in the Internationally
Trained Lawyers Stakeholders’ Group, as well as provincial initiatives.
We are developing relationships with a restructured National Committee on Accreditation, examining ways we can work together to
streamline the credentialing and licensing of internationally trained
lawyers.
The admission of competent, internationally trained lawyers to the
Nova Scotia legal profession is in the public interest. Our communities are becoming more global and culturally diverse. The practice of
law is evolving around the world. The experience and values internationally trained lawyers bring with them align with the Society’s
strategic directions of Excellence in Regulation, Enhancing Lawyers’
Competence and, in particular, Access to Justice.
July 2010
25
2010 National Citizenship
and Immigration Law
Conference
L
awyers, judges and civil servants
from across Canada gathered in HalTMC Law, Kentville
ifax in May to attend the 2010 National Citizenship and Immigration Law
Conference, entitled “The Road from Pier 21.” Organized by the
national Citizenship and Immigration Law Section of the Canadian
Bar Association (CBA), the conference is held annually in various locations and is the premier national continuing legal education event
for members of the immigration and citizenship law Bar in Canada.
Plamen Petkov
This year’s conference was co-chaired by Stephen Green, chair of the
National Citizenship and Immigration Law Section; Andrea Baldwin, chair of the Nova Scotia Citizenship and Immigration Law Section; and Sandra Weafer from the federal Department of Justice.
As Baldwin welcomed delegates to Nova Scotia, she noted how fitting
it was “for a group of immigration professionals to gather on Halifax’s
waterfront, just minutes away from Pier 21 – Canada’s Immigration
Museum – the point of entry to Canada for 1.5 million immigrants,
war brides, displaced people, evacuee children and Canadian military
personnel between 1928 and 1971.”
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The Society Record
The conference provided immigration lawyers with an opportunity
to meet informally with colleagues from across the country and a
number of government officials who attended as speakers. In addition, the conference program included two packed days of concurrent workshops and plenary sessions on various topics. Through
these presentations, delegates had an opportunity to learn about and
discuss the policies behind recent and proposed changes to Canadian immigration law as it pertains to refugees and temporary foreign
workers. Other sessions focused on more practical topics related to
the day-to-day practice of immigration law such as ethics, tips for
obtaining work permits post recession and effective use of alternative
dispute resolution strategies in immigration appeal cases.
Highlights of the conference included an appearance by the Honourable Jason Kenney, federal Minister of Citizenship, Immigration and
Multiculturalism, who spoke about Ottawa’s refugee reform initiative
for addressing the backlog of refugee claim applications and streamlining the process; a keynote address by Krista Daley, Director and
CEO of the Nova Scotia Human Rights Commission, about the role
human rights commissions can provide to immigrant communities
for dealing with complaints of discrimination; and presentations on
various topics by a number of judges from the Federal
Court of Appeal and the Federal Court. Chief Justice
Allan Lutfy and Justices Robert Barnes and Judith
Snider represented the Federal Court at the conference, while Justice Eleanor Dawson attended on behalf of the Federal Court of Appeal.
The Nova Scotia Citizenship and Immigration Law
Section was active in promoting Halifax as the conference location and in helping the organizing committee make the conference a success. Members of
the local section were also among the event’s speakers; Baldwin and Scott Sterns participated in a panel
about provincial nominee immigration programs in
Eastern Canada.
Other Nova Scotia lawyers featured at the conference were Lee Cohen QC, who
moderated a panel on the controversial refugee reform bill; Catherine Craig, who
spoke about tax issues for immigrants settling in Canada; Elaine Cumming, Professional Responsibility Counsel for the Nova Scotia Barristers’ Society, who spoke on
the ethics panel; and James Gumpert QC, Senior Crown Counsel with the Nova
Scotia Public Prosecution Service, who provided valuable perspective in the criminality workshop.
In addition to speakers from the Bar and judiciary, conference speakers included
representatives from Human Resources and Skills Development Canada (which
plays a role in the administration of Canada’s temporary foreign worker program),
the Canada Border Services Agency, Citizenship and Immigration Canada, the Quebec Department of Immigration, the federal Department of Justice and the Immigration and Refugee Board of Canada.
The Hon. Jason Kenney,
Minister of Citizenship,
Immigration and
Multiculturalism
The conference also showcased Maritime hospitality with an opening reception held
on board a cruise of Halifax Harbour, and a kitchen party with a lobster dinner at Pier
21. Based on the informal feedback provided, the conference was an overwhelming
success. Halifax was praised as a great conference destination, and delegates enjoyed
valuable learning and networking opportunities, not to mention the opportunity to
feast on Nova Scotia seafood.
Next year’s conference will be hosted in Gatineau,
Quebec. To find out more about the Canadian Bar
Association’s Citizenship and Immigration Law
section, visit http://www.cba.org/CBA/Sections/nsc/.
Plamen Petkov is a lawyer whose practice at TMC LAW
in Kentville includes a focus in immigration law. He is
the incoming Chair of the Immigration and Citizenship
Law Section of the Canadian Bar Association (Nova
Scotia Branch). He can be reached at 902-678-6156.
July 2010
27
Photo by Lisa Neily/NSBS
Conversation with Lee Cohen QC:
‘Our future is firmly rooted in
immigration’
W
hen 174 Sikh refugee claimants
arrived on the shores of Nova
Freelancer
Scotia in 1987, it was a careerdefining moment for Lee Cohen QC. Just
six years after being called to the Bar, the Halifax lawyer found himself
representing the entire group and that’s when he knew where he wanted to devote his energies. A port city at the edge of the eastern seabord
is a natural gateway for people seeking asylum. Cohen’s cases are complex and often end up in the international spotlight, from a Serbian
woman who found refuge from deportation in a church basement to
a group of Filipino crewmen who claimed they witnessed stowaways
thrown overboard on the high seas. A decade ago, Cohen founded the
Halifax Refugee Clinic, a non-profit organization providing pro bono
representation to refugee claimants. Now one of Canada’s best known
immigration and human rights lawyers, he spoke recently with freelancer Julie Sobowale.
Julie Sobowale
28
The Society Record
Q: The Sikh case was your first immigration case. What were
your impressions of the legal system at that time?
A: The case was remarkable. I never had that experience before and
there was a tremendous amount of media attention from around the
world. People would drive by and scream nasty comments about me
or my work when I was being interviewed on the street. Something
needed to be done where Canadians could be introduced to
immigration issues in a way that didn’t make people angry, frightened
or suspicious. I wanted the public to see that immigrants are normal
people who should not be vulnerable to abuse. I felt compelled to
roll up my sleeves, make some sense out of this ugliness and get a just
result for the refugees who deserved it.
Q: How has immigration law changed since you began your
practice?
A: The marketplace was small and I wasn’t sure if I could build a
career around a single discipline. The immigration department in
the province operated without intervention from legal counsel. Once
lawyers started getting involved and imposing legal ideas about
justice and fairness, things started to change. The immigration and
refugee communities are now burgeoning. Provincial and municipal
governments are keen on getting immigrants into their communities
and more lawyers are getting involved.
We should burn down what we’ve
built for the past 100 years and
rebuild it based on 100 years of
experience.
Q: What are the major issues facing immigrants in Canada?
A: A disconnect exists between the rhetoric from our federal and
provincial governments in promotional materials and the reality of
the immigration experience. It’s hard to rationalize why educated and
skilled people would come here to take jobs that don’t require using
their skills or knowledge. They are underemployed, forced to leave
family members in Canada while they try to earn better income with
their credentials in their home country or worse, the whole family
leaves Canada.
Q: What changes need to be made in immigration law?
A: We should burn down what we’ve built for the past 100 years and
rebuild it based on 100 years of experience and knowing that the
world is a changing place. We don’t have a coherent system, so we
need comprehensive immigration reform at the federal level.
Q: What is the future of Nova Scotia immigration policy?
A: The future of Halifax and Nova Scotia is firmly rooted in
immigration. We have immigrant communities firmly grounded here
and growing. I haven’t seen much acknowledgement or recognition
from our municipal and provincial leaders that this is happening. In
25 years, Halifax will be the second most cosmopolitan and diverse
city in Canada and our leaders need to start making plans for our
growing immigrant population.
Q: What has surprised you the most about the clinic?
A: I never contemplated that people who graduated through the
clinic as law students would become immigration lawyers. We also
have clients who decide to go to law school in hopes of practising
immigration law. The clinic has a certain texture and richness about
it that encourages Canadian students and our foreign clients. That
speaks to the dynamic of Canada.
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July 2010
29
The new face of
immigration law
in Nova Scotia
30
The Society Record
E
lizabeth Wozniak is bringing in new
clients to her immigration practice
Freelancer
from an unlikely source: online dating websites. Couples who meet on Plenty
of Fish, Lavalife and eHarmony need Wozniak’s services in securing
permanent residency for their foreign-born spouses.
Merrick Jamieson Sterns Washington and Mohody. “If we want immigrants, then we need broad categories, particularly for young students. The government should implement an application fee for the
Nominee program to fund a bureaucratic structure that will support
a larger number of applications. Immigrants want to come to Canada
and we need to make it easier for people to come to the province.”
“These couples are adorable,” she says. “Immigration is the happy
part of family work.”
The streams can be too restrictive. Individuals are eligible for the
skilled workers stream depending upon occupation and education.
The employer has to demonstrate that they were unable to secure a
Canadian citizen or permanent resident for the permanent, full-time
position. This leaves out many foreign workers, says Wozniak.
Julie Sobowale
Immigration law remains a bit of a fringe practice in Nova Scotia.
The handful of lawyers practising immigration law tackle prolonged
litigation, an underserved clientele and outdated legislation.
Immigrants come to Canada either through federal or provincial
programs. The Nova Scotia Nominee Program provides various
streams in which applicants are nominated for permanent residency.
The criteria vary greatly within provinces.
“We have no comprehensive immigration policy,” says Lee Cohen QC,
founder of the Halifax Refugee Clinic. “One of the advantages of the
Nova Scotia Nominee Program is it gives the province the opportunity
to define its own immigration goals. Still, we have a long way to go.”
Suzanne Rix had never really considered a career in immigration
law. Even though she speaks fluent Spanish, German and French,
Rix only considered international law as a viable practice. Her perception changed when, as an associate at Farrah Cimbal Dumka
Thomas, she was asked to work on the firm’s immigration files. Rix’s
current practice at Cox & Palmer includes assisting corporate clients
in filing applications for workers and family members.
“Some skilled trades workers don’t qualify even though they are employed because they didn’t finish high school,” she says. “There are
people working for years in difficult jobs that nobody wants. You’re
young, a hard worker and a valued employee but are not eligible
because you can’t check all the boxes on the forms. Their experience
should count for more than it actually does.”
Perhaps it’s the commitment to the immigrant community that
drives the handful of lawyers to continue their work. While immigration remains a contentious issue in Canada, these lawyers continue to serve their clients in their dreams of living in Nova Scotia.
“Everyone has their own priorities,” says Wozniak. “My grandparents were hard-working immigrants, clearing land for $6 an hour in
northern Alberta and not speaking a word of English. They would
never qualify to come here now. When I think about them, I feel that
I have an obligation to my clients because I know their children will
go on to do great things. Their hard work should be rewarded.”
“People have unsuccessful claims usually because they don’t make
the right application for their circumstances,” she says. “The great
benefit to having an immigration lawyer is we can tell you which
application you need, answer your questions and guide you through
the process. It’s very gratifying to help people come to Canada.”
Immigrants are nominated for permanent residency through one of
five streams: skilled workers, community-identified, family business
workers, international graduates and non-dependent children. Age
can be a major issue for immigrants. The program allows for people
between the ages of 21 to 55 to apply. This leaves out older people
who are looking to start businesses in Canada.
“People are working past retirement age and want to come here,” says
Rix. “I understand the age restriction because of our expensive health
care coverage but the law leaves out too many people. I have clients
who have businesses and want to set up in Nova Scotia. Just because
they waited until they were 56 or 57 to apply, I have to say they can’t
do it. Raising the age limit by a few years would be helpful.”
Students are the new targeted source for immigration. The Nova Scotia government created the international graduate stream to attract
international students to settle in the province. According to the report The Economic Impact of International Students Enrolled in Nova
Scotia Universities, released in 2009 by the provincial Department
of Education, half of international students enrolled in Nova Scotia
universities intend to apply for permanent residency. Applicants are
required to be employed full-time within their field of study.
“We need to think big,” says Scott Sterns, an immigration lawyer at
2009-2010 ANNUAL REPORT
The past year has been exceptionally busy for the Nova Scotia
Barristers’ Society. Acting in the public interest, we continue
to make progress in improving our regulatory regime, with
regard to both Professional Responsibility and Admissions,
and to advance important access to justice initiatives.
We invite you to read about the Society’s work and
achievements over the past year, in detailed reports from Past
President J. Ronald Creighton QC, Public Representatives,
Society departments, the Equity Office and all Committees.
The complete Annual Report is available for viewing on the
website, along with the year’s financial statements.
Visit www.nsbs.org/AnnualReport.php
As the regulator of the legal profession, the Nova Scotia Barristers’ Society
upholds and protects the public interest in the practice of law.
July 2010
31
The consultant and
the student
N
o matter how much you know
about something or someone,
Executive Director
you never really know what
that person thinks or what makes things
work the way they do. This is even truer when the ‘someone’ and the
‘something’ are on a different continent, in a very different culture and
living at a time in their development that differs so much from yours.
Learning how to bridge that knowledge gap was really the essence of
the challenge I faced when I spent the past year as a consultant to the
Tanganyika Law Society (TLS) in Tanzania, East Africa.
Darrel Pink
I know a great deal about law societies and lawyers and how they
work. I know a fair amount about organizations, what makes them
effective and what militates against success. I have worked with and
taught legal organizations in Canada and East Africa about effective
governance, lawyer regulation, advocacy and a range of other issues
that we undertake to pursue a better justice system for people who are
affected by our work. Yet much of what I knew and assumed was at a
level that was far too general, maybe even superficial, to allow me to
effectively advise the TLS on how they could be more effective, how
they could be better organized and how they could make a bigger
contribution to securing and enhancing the Rule of Law in Tanzania.
Though I have been a lawyer
for over 30 years, it was not
until I lived in Tanzania that
I appreciated how significant
a role we lawyers play in
ensuring that individual rights
are preserved and not abused.
I write in the aftermath of the
G20 in Toronto and the police
behavior there, but that paled in
comparison to the charging of
11 police officers with murder
of five people, in circumstances
where no witness will testify to
what was seen. Fear for personal
safety promotes silence!
In Canada, we do not ‘worry’
that every encounter with a
police officer will most likely
be accompanied by a request
for a bribe – in order to prevent
the officer from simply laying a
frivolous charge or to cause the
officer to do what he or she is
supposed to. Yet in much of
the world I saw, that was the
32
The Society Record
situation and I had to relearn about the key elements of civil society,
how fragile they are and how they are so easily subject to abuse. In
Tanzania, lawyers practising criminal law – and most do some – deal
with this every day in almost every file.
When corruption is endemic, there is a likelihood that nothing official
happens without graft – by government officials, by bureaucrats and
sometimes by the judiciary. It is lawyers who often stand alone against
this destructive behavior, because they know how undermining it
is or because their personal value model requires them to act with
integrity. Yet some lawyers fall below that standard and fall prey to the
mainstream and thus undermine their own profession and the country
as a whole. So I had to learn about how to talk about the cancerous
effects of corruption and to do so in a way that was not patronizing
and was constructive. For the profession cannot thrive with anything
less than absolute integrity as a core and apparent value.
I had to relearn the fundamental elements of a democracy, for the
word itself is a far cry from the realities of many. In order to vote
you have to be registered. In order to register you must know that
registration is happening. And if there are no announcements that
it is time to register, one is disenfranchised. It is that simple. And in
Tanzania, it is the Law Society
that has committed itself to
helping to address this and
many other election issues that
effectively mean that, though
Election Day voting may be
free, elections are far more than
what happens of a single day.
Concepts of time are by no
means universal. A promise does
not always mean that something
will be done. A patriarchal
society
produces
unique
approaches to gender issues. ‘Yes’
sometimes means ‘no’! When it
rains, there will be flooding as
there are no drains. Because a
policy is reduced to writing and
adopted does not mean it will be
applied. There are power failures
every day; so you cannot rely
on anything that depends on
electricity. The Internet is not a
reliable communication tool if
it goes down for days at a time.
Law happens, even if there are
no lawyers.
These are only some of the things I had to be taught and relearn in
order to try to advise the TLS on how they could more effectively
operate. They are a small organization, fewer than 1,000 members,
in a country of 40 million, so the formal role of law, as we know it, is
dramatically different. But as an organization and as a profession, the
Law Society and its members know what is important and what they
must do to enhance the Rule of Law, to combat corruption and to
improve the integrity of their own members. They are so committed
to goals for the profession that are both selfless and altruistic, for
they believe and live a code that requires them to contribute to the
betterment of their society. They model gender inclusiveness, with
almost 40 per cent of their leadership being female. They have learned
to ‘speak truth to power’ and, in so doing, are a recognized voice that
acts independently on vital and profoundly important issues.
Whether I succeeded in bridging the knowledge gap that I started
with; whether I comprehended what was really essential to make
practical and constructive recommendations for change and whether
I had a real impact will not be known for some time to come. But
more than I gave, I learned so much that is relevant here about what
it is that makes this profession vital to the preservation of democracy,
a core pillar in the preservation of the administration of justice and to
law and order. I was in Tanzania as a consultant but it was from being
a student and a learner that I benefited, and I suspect that it was from
what the TLS taught me, that they too profited the most.
Darrel Pink acted as a consultant to the Tanganyika Law Society from
June 2009 to May 2010, in a project designed to improve the capacity
of the Law Society to undertake its work in areas including continuing
education, human rights and constitutional advocacy, legal ethics,
complaints and public protection.
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July 2010
33
LIANS
Tips from the RISk & Practice management Advisor
by Deborah E. Gillis QC
Risk and Practice Management Advisor
Giving independent legal advice
G
iving independent legal advice
(ILA) can expose you to significant liability. To reduce your risk,
you should follow a process each time
you are asked to provide ILA. Document
your file, considering that your advice
may be called into question and that
you may be revisiting the matter in the
future as a defendant and witness.
more on the matter and document that in the file as well. If the client proceeds
or signs against your advice, have the client acknowledge this in writing. When
you close your file, keep all notes and any other relevant documentation,
including your time and billing records.
It is important to recognize that while
you may meet with an ILA client for
only a short time, they are as much a
client as one you might represent over
a period of months or years. Steps and processes you normally follow on
intake in other matters, during representation and on file closing, should also
be followed when giving ILA.
The CBA Task Force Conflicts of Interest: Final Report, Recommendations and
Toolkit 2008 (p. 231) sets out the following guidelines for giving independent
legal advice:
The client to whom you provide ILA is often exposed to significant liability
or prejudice and frequently receives no corresponding benefit. You need to
have and take the time to understand the transaction, the client and the
circumstances, to explain the rights and responsibilities of the client and any
potential problems that might arise.
3.
In Webb v Tomlinson, 2006 CanLII 18192 (ON S.C.), a lawyer who had a welldocumented file and used an ILA checklist when giving advice was able to
successfully defend against a negligence claim brought against him by a
former client.
1.
2.
4.
Therefore, if you agree to provide ILA to a client, you should be prepared to
spend time analyzing, listening, communicating, and documenting your advice
given and instructions received.
5.
As with all matters, before you agree to accept a new matter, first ask yourself:
6.
•
•
•
•
•
Is this a client and a matter I want to accept?
Am I competent in the practice area?
Do I have the time required to spend on the matter?
Do I have enough information on the matter?
Is the client prepared to pay for the time that I believe is necessary to
provide competent advice?
7.
8.
Give independent legal advice only if you are competent in the area of
law in question.
Check the identification of the person for whom you are giving independent legal advice.
If the client needs an interpreter, have a neutral party interpret rather
than a member of the family.
Gather enough information about the circumstances surrounding the
transaction to be able to explain them to your client and predict problems. In particular, gather information on the client’s age, level of experience and motivation, and the relationship of the parties and their
relative bargaining power. Find out enough about the client’s financial
situation to know the financial impact of the transaction.
Ensure your clients understand not only the nature and effect of the
document, but also their underlying rights and entitlements.
Rather than ask clients if they understand the document in question,
have them explain in their own words their understanding of the transaction.
Ensure clients are exercising their own free will. Be especially diligent if
the guarantor is a relative of the borrower, subservient to the borrower,
or an unsophisticated party.
Be sure the document is complete in all respects before you or the client
sign.
If the answer is no to any one of these questions, I recommend that you
decline representation.
At pages 232-236 of this report, there are very useful checklists to consider
when providing ILA – one is generic, the other relates specifically to family law.
If you do agree to provide independent legal advice, it is important that you
follow a process and take detailed notes of the steps taken, documentation
reviewed, advice given and instructions received. Keep time and billing records.
In all practice areas, it is prudent to develop and maintain current checklists.
Doing so will help reduce errors and help streamline your practice.
Before closing the file, confirm with the client that you’re not doing anything
34
The Society Record
If you have any questions on this or any risk or practice management question,
please contact me at 902 423 1300 (ext. 345) or [email protected].
New Director for LIANS
Melanie McGrath joined the
Lawyers’ Insurance Association
of Nova Scotia as Director on
January 4. She brings LIANS
many years of experience in the
insurance industry and private
practice, most recently with the
Manufacturers Life Insurance
Company (Manulife), where she
was part of the national office
legal team overseeing a range of
insurance and litigation matters.
She previously practised in-house
with the Maritime Life Assurance Company and in private practice as an
associate with Huestis Holm.
Save the date for
Lawyers’ Insurance Association of Nova Scotia
2010 Solo and
Small Firm Conference
Called to the Bar in 1993, Melanie completed her undergraduate degree
at Mount Saint Vincent University, her law degree at Dalhousie, and
her MBA at Heriot Watt University, Edinburgh Business School. She and
husband Stephen McGrath, also a lawyer, live in Bedford with their two
children, Maiti and Thomas.
November 29, 2010
9am – 4pm
Westin Nova Scotian Hotel
Halifax
Valuable education sessions
and interactive exhibits
Registration coming soon.
Keep your eye on www.lians.ca for details.
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July 2010
35
SUMMATION
Ten years for the Halifax
Refugee Clinic: a brief history
T
here is a reference in the
Jewish Talmud (the Rabbinic commentary on the
Torah) that the civility of a society
Executive Director & Chair
can be best assessed by how that
society treats the stranger among them. The Qu’ran, in a slightly
different context, speaks similarly to the matter when it instructs
that those who are already well established in their homes, and who
are firmly rooted in faith, must show love for those who migrated to
them for refuge. The New Testament commands the faithful to not
forget or neglect or refuse to extend hospitality to the stranger.
Julie Chamagne
& Lee Cohen QC
In this context, the Halifax Refugee Clinic might be one of our
community’s best expressions
of its civility. People claiming
refugee status in Nova Scotia
come from these three great
religious and ethnic traditions,
and are of many other religious
and
secular
backgrounds,
countries, tribes, political
organizations, races, language
groups, domestic situations,
natural disasters and sexual
orientations. They are men.
They are women. And, sadly, they are also children. They are
sometimes healthy, strong and resolute. They are occasionally
broken, dispirited and frightened.
system. The Halifax Refugee Clinic eventually emerged from this
gap in service.
In its first year or two, volunteers – mostly students from Dalhousie
Law School – met with new refugee claimants in private homes,
restaurants, coffee shops and any other convenient location. There
were no funds or supplies, limited infrastructure and a variety of
opinions about what this Clinic should look like and do. Our system
was inadequate, but it was spirited by those pioneering the program,
and it was “the only show in town.”
Shortly after, the Roman Catholic Archdiocese of Halifax closed its
refugee office. The Archdiocese asked us to assume care of its clients
in return for some seed funding.
It wasn’t much, but it was far
more than we had ever had. We
were extremely grateful for this
gift. It allowed us to formalize
our service and to officially
launch the Clinic in our first
office, located on Barrington
Street, on June 1, 2000.
Some world conflicts come and
go; others seem to be intractable
and never-ending. All such
conflicts produce refugees.
All require assistance and support integrating into life and society
in Nova Scotia and all require legal guidance to navigate the
challenging refugee determination process. The Halifax Refugee
Clinic has been able to assist hundreds of such people and families.
It has been able to do so because of the expertise and dedication of its
staff, the selflessness of its many volunteers, the unwavering support
of the Law Foundation of Nova Scotia and the financial generosity
of private donors.
This summer, the Halifax Refugee Clinic is celebrating its 10th
anniversary. The Clinic grew from efforts taken more than a
decade ago when local concerned citizens, and a few academics and
professionals, assembled to find ways to assist refugee claimants
in Nova Scotia. A number of years before that, the provincial and
federal governments of the time were unable to agree on a continued
funding arrangement for Nova Scotia Legal Aid. With reduced
funds, Nova Scotia Legal Aid had to return to its more traditional
mandate, leaving immigrants and refugee claimants without access
to lawyers and thus dramatically limiting their access to the justice
36
The Society Record
Some world conflicts come and
go; others seem to be intractable
and never-ending. All such conflicts produce refugees and a variety
of mechanisms – legal and otherwise – for getting desperate people
out of perilous situations and safely to Canada, where they need to
claim political asylum and where assistance in doing so is no less
essential. With each passing year, and increasing confidence in our
purpose and our ability to deliver our program, the Halifax Refugee
Clinic has emerged as a local gathering place in the city’s downtown
core for those in need and those wanting to assist. The demand for
Clinic service is huge. Clinic staff are challenged daily with the
natural tension of trying to give as much as possible to as many as
possible with still-limited resources. But, we do it.
Much has changed over the 10-year life of our Clinic. We currently
occupy a rustic yet spacious storefront office on Grafton Street, still
in the heart of downtown Halifax. There are two paid full-time
staff and many volunteers, without whom our expanding service
could not be offered. Our community-based volunteer model
serves the dual purpose of bringing into the Clinic wide-ranging
expertise from the larger community and introducing Clinic clients
to an increasing number of community members. It also enhances
our opportunities for public education about issues and challenges
related to immigration and refugee law, and the plight of refugees
globally and in Canada.
Gillian Zubizarreta, Settlement Coordinator
and Julie Chamagne, Executive Director
Photo by Lisa Neily/NSBS
July 2010
37
We are particularly proud of the many lawyer volunteers from
the Nova Scotia Barristers’ Society who, month in and month
out, make themselves available to provide excellent representation
of Clinic clients before the Immigration and Refugee Board of
Canada. Our lawyer volunteers are young and not so young, some
are currently practising in firms of all sizes, and a few are retired
from private practice and government. Some come to the Clinic
with administrative law experience, and some are or were litigators.
The lawyers work closely with Clinic staff and volunteers who
prepare the files, conduct the legal and political research, create the
evidentiary exhibits, interview the clients, conduct mock hearings
and, ultimately, appear before the Refugee tribunal. Cases are often
compelling and the clients very engaging. Lawyer volunteers will
often comment on the challenge of maintaining a professional
distance. It is so easy to get close to people about whom you grow
to care so much. Lawyer volunteers will also comment from time
to time that the Clinic experience, representing a refugee claimant,
was among the most meaningful experiences of their professional
careers.
While very modest in its early days, the Clinic program has, for
reasons of necessity, grown in scope and ambition. The Clinic
provides a full range of legal services consistent with claiming refugee
status and addressing other humanitarian-based immigration needs.
The settlement side of the Clinic is particularly important and in
great demand. The Clinic provides clients with comprehensive
settlement assistance, without which there would be very few, if any,
other settlement options in Nova Scotia. Settlement and integration
programs here are driven primarily by government (provincial and
federal). Curiously, they are designed to address the needs of only
permanent residents, so refugee claimants are excluded from such
programs.
The Halifax Refugee Clinic assists refugee claimants with housing,
health, clothing, general well-being, English language training, work
and study permits, and more. The Clinic and our many volunteers
attempt to deliver Clinic services in a safe, comfortable, caring
atmosphere, respecting the dignity of each client and fostering client
self-sufficiency.
The comprehensive nature of our program invites into the Clinic an
increasing number of volunteers with considerable talent, original
ideas and much soul, all of which enriches the Clinic experience for
clients and volunteers alike. We even enjoy occasional visits from
officers of Citizenship and Immigration Canada and the Canadian
Border Services Agency, who have become partners and respectful
opponents in our mission.
The Halifax Refugee Clinic will publicly celebrate its 10th anniversary
on July 15, 2010, from 4:00 to 6:00 pm at the Halifax Grand Parade.
All are welcome to join us as we celebrate our clients, volunteers
and funders, and rejoice that we live in a community where we are
fundamentally safe and have the liberty to help those who could not
help themselves in their countries of origin.
38
The Society Record
Home countries of Halifax
Refugee Clinic clients
2000-2010
(List supplied by the Halifax Refugee Clinic)
Afghanistan
Abkhazia
Albania
Algeria
Australia
Azerbaijan
Barbados
Belarus
Bosnia
Botswana
Brazil
Bulgaria
Burundi
Cameroon
Chile
China
Colombia
Congo
Cuba
Democratic Republic of
the Congo
Dominican Republic
Egypt
Eritrea
Estonia
Ethiopia
Georgia
Ghana
Guinea
Guyana
Haiti
Honduras
Hungary
India
Indonesia
Iran
Iraq
Ireland
Israel
Ivory Coast
Japan
Jordan
Kashmir
Kenya
Kosovo
Lebanon
Liberia
Libya
Lithuania
Macedonia
Mexico
Moldova
Mongolia
Montenegro
Morocco
Namibia
Netherlands
Nicaragua
Nigeria
Pakistan
Palestine
Peru
Philippines
Poland
Romania
Russia
Rwanda
Saudi Arabia
Serbia
Sierra Leone
Singapore
Somalia
Spain
Sri Lanka
Sudan
Swaziland
Syria
Tanzania
Togo
Turkey
Uganda
Ukraine
USA
Uzbekistan
Venezuela
Yemen
Zimbabwe
July 2010
39
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40
The Society Record