The County & District Law Presidents’ Association is shaking up Ontario’s articling debate with a call for a new type of licence without the requirement to article.

As the Law Society of Upper Canada’s task force on the issue gets set to release its report this spring, the association is recommending the creation of an L4 licence that would allow candidates to practise law in environments where they’re not providing services directly to the public.

According to CDLPA vice chairwoman Janet Whitehead, that could include people working in corporate law departments or in government or Crown law offices. The proposed licence would apply to law graduates who have passed the bar exam and completed the professionalism course.

Whitehead notes the proposal is a response to CDLPA members’ concerns about the need to maintain an articling requirement for those in private practice while providing an option for others in the profession and addressing the shortage of positions. She points out that there are some aspects of private practice, such as maintaining trust accounts, that involve serving the public and don’t apply to those working in places like government departments.

There would also be a mechanism, she adds, for those holding an L4 licence to move into the L1 category. “We weren’t envisioning that they’d be stuck in that category,” she says, noting lawyers holding the L4 status would be able to article later on or have their experience evaluated in some fashion.

The proposal would get around one of the options that appears to have found some favour in the run-up to the articling task force’s report: a practical legal training course that would serve as an alternative to the requirement to article. According to Whitehead, those working as L4 lawyers would still benefit from the internal training that many corporate and government departments provide.

CDLPA’s proposals also aim to address another issue that frequently surfaces in the articling debate: the supply of lawyers and positions in Ontario’s smaller towns and cities. Its solution would be to provide a “modest” subsidy to articling principals in “specific remote, high-needs areas,” says Whitehead. The program would involve a subsidy from the LSUC that would provide an incentive for lawyers to take on articling students, she notes.

The proposal comes as the profession has been taking note of the lack of interest often shown by law graduates in articling in smaller towns and cities. But given the shortage of articling positions and the need to respond quickly, Whitehead says CDLPA’s subsidy and licensing recommendations would be an easy way to address the issue in comparison to the job of setting up a practical legal training course.

“It’s going to be an interesting time,” she says, noting the profession’s intense interest in the issue right now. “We’re all trying to come up with something that’s going to work.”

Canada

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David Goldman has been appointed general counsel, corporate secretary, and a member of the executive committee at Skyline International Development Inc. in Toronto.

David Goldman will be an in-house counsel of one at Skyline International Development Inc.

Reporting to the hotel group’s CEO Michael Sneyd, Goldman has overall responsibility for the company’s legal affairs, working with Skyline’s development and hospitality teams, maintaining Skyline’s corporate books and records plus managing external legal counsel.

“I’m wearing a number of hats,” says Goldman. “I’m not only doing real estate but also handling employment and trademark issues, tax and corporate as well as some litigation and a tremendous amount of contract review.”

Skyline owns over two million square feet of real estate with over 1,000 hotel rooms in its holdings, as well as four Shizen Spa outlets, and employs more than 1,500 staff. Its asset mix includes a partnership and asset management interest in Le Meridien King Edward Hotel, as well as ownership of the Cosmopolitan Hotel and Pantages Hotel. Skyline’s resort assets include Deerhurst Resort in Muskoka, and Horseshoe Resort.

Goldman says he is enjoying the hands on business experience of being in-house at a real estate development company.

“I was told from day one: ‘We want you to be a partner at the table, that’s what we’re looking for in our general counsel.’ And that’s what it really is,” says Goldman. “They value my input at the initial stages of the business transaction. When I was at a firm I would get the agreement of purchase and sale but now I am in at the table discussing the pros and cons of the transaction and all the business terms. I put together the letter of intent with the CEO who I work incredibly closely with on a day-to-day basis. I would never have seen that in private practice. It’s very exciting.”

While he is the only lawyer in Skyline’s in-house department, there is a law clerk assisting him who has been with the company four years. While Skyline does use external counsel, Goldman says his plan is to try and do as much in-house as he can.

“My goal is to reduce expenses for Skyline and I have been. I’ve negotiated and finalized all large contracts since I arrived — I haven’t sent any contractual work out,” he says. “You definitely have to manage expectations but they appreciate the value general counsel brings to the company.”

Goldman worked for four years as in-house counsel and vice president with another smaller real estate development company prior to joining Skyline. He was previously in private legal practice for 20 years where he was a partner at several law firms with his practice covering most areas of real estate law.

He served as the chairman of the Ontario Bar Association real property section and was a member of the executive for nine years. He is a graduate of Osgoode Hall Law School and has a BA in political science from York University.

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United States

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International

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The Toronto West Detention Centre will be closing. Photo: Joshua Sherurcij

Finance Minister Dwight Duncan’s 2012 Ontario budget calls for reforms to the province’s youth justice system, the Provincial Offences Act, several prison closures, and increased electronic court services to combat the province’s rising deficit.

Billed by Duncan as one of the toughest yet, this week’s budget includes significant cuts to program spending across the board to contain costs by $17.7 billion over the next three years, while increasing revenues by $4.4 billion, all without raising taxes.

In the justice sector, the budget touches on the following:

The youth justice system:

The budget proposes closing the Bluewater Youth Centre in Goderich and downsizing the Brookside Youth Centre in Cobourg and the Cecil Facer Youth Centre in Sudbury. It also suggests reducing the number of transfer payment agencies contracted to supply open custody services.

According to the ministry, the Youth Criminal Justice Act has led to decreased custodial sentences for youth since 2003 and has diverted more youth to community-based alternatives for less serious offences, creating a reduction in demand for youth justice custody, and consequently, the need for several closures.

The Provincial Offences Act:

According to the ministry, uncollected fines related to the POA are a growing problem for the province, adding to a ballooning deficit. To address this, the budget proposes unpaid POA fines be set off against tax refunds issued by the Canada Revenue Agency.

Prison closures:

The 2012 budget confirms the provincial government is moving ahead with fully closing the Toronto West Detention Centre, the Brantford jail, and the Chatham jail in the upcoming years.

According to the ministry, the closures will help “modernize” Ontario’s correctional facilities and create more efficiency within the system. The budget states the closure of the Toronto West Detention Centre will save the province $23 million in 2013-14 and $28 million in 2014-15.

Underutilized prisons in Owen Sound, Walkerton, and Sarnia were closed last year by the province to cut costs, along with a partial closure of the Toronto West Detention Centre.
 
Electronic court services:
 
The budget also suggest the provincial government provide some court services online, including court forms, court document filings, and court fee payments. It proposes provincial courts transition to providing 24-hour online service instead of the traditional daytime hours currently provided. It also suggests a significant overview of the court system is needed to ensure courts are receiving the funding where they need it most.
 
Provincially, the 2012 budget also falls on the heels of the federal omnibus crime bill’s passage earlier this month. Rough estimates project the associated costs to the province at $1 billion for new jail facilities and nearly $145 billion in soft costs resulting from the bill. This year’s budget also projects an increase of $68 million in provincial expenses within the justice sector due to legal settlements under the Proceedings Against the Crown Act and “funding for operational pressures.”

Canada

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United States

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International

Former Vietnam shipbuilder executives jailed, Reuters

Indian tribunal suspends POSCO's environmental licence, Reuters

Joining a growing campaign to combat racism, members of the Osgoode Hall Law School community — including dean Lorne Sossin — today donned hoodies in memory of Trayvon Martin.

Martin, an unarmed black teen walking home from the store, was shot dead by George Zimmerman on Feb. 26 in Florida.

“Over the ensuing weeks, the pervading rhetoric has been that this would not have occurred if Trayvon was not wearing a hoodie. In response to this rhetoric, communities across North America have donned hoodies in memory of Trayvon and to trouble the notion that it was the hoodie that led to his death,” The Black Law Students Association at Osgoode said in a press release.

“As black law students, and as members of the broader Osgoode community, we encourage fellow members of the legal community to end impunity for racial profiling. Wearing a hoodie is not an invitation to shoot, or to investigate an individual and neither should their race. Today, we stand in solidarity with Trayvon and his family.”

The association noted that the “smear campaign” being waged against Martin speaks to the pervasiveness of racism in the American legal system.

Do you know what day the 1867 Constitution Act came into force?

Queen Elizabeth II signed the Charter proclamation on April 17, 1982. (Photo: Archives Canada)

According to a recent survey conducted by the Canadian Constitution Foundation, only 54 per cent of respondents knew the answer. (The correct response is July 1, of course.)

With the 30th anniversary of the 1982 Constitution Act quickly approaching, several groups are doing what they can to spread awareness.

The CCF designated March 29 as “Constitution Day” in an effort to improve Canadians’ understanding of the act. The date was chosen to align with the constitution acts of 1867 and 1982, which both received Royal assent on that day. The official anniversary is April 17, as that was the day Queen Elizabeth II signed the Constitution Act of 1982.

Chris Schafer, CCF executive director, says the survey results show that Canadians’ constitutional knowledge is lacking. For example, only nine per cent of respondents knew the Charter doesn’t include protection for private property.

Bruce Elman, a constitutional law professor at the University of Windsor, agrees that there’s a general lack of awareness among members of the public. He recalls much discussion about the Constitution leading up to 1982, “but I don’t think there’s much talk of it now . . . even in terms of whether or not the court is getting the balance right,” he says.

Naturally, Elman is a strong supporter of education. During his time as Windsor law’s dean, he would speak to high school students about what they should know about the Constitution. “Unless you understand our Constitution, you don’t fully understand democracy,” he says.

“[The Constitution] really informs how we operate as citizens. Even something as simple as which level of government is responsible for what. In order to be an informed voter in the province of Ontario, you sort of have to know what is actually the responsibility of the provincial government and what’s the responsibility of the federal government,” he adds.

Elman says there needs to be a greater emphasis on teaching students about the Constitution and the Charter within the Canadian education system. “I think the most obvious way to give the public an understanding of their rights and about constitutional values more generally is first of all in the schools. I think the easiest way to do it is to get young minds thinking about these issues,” he says.

The CCF also aims to educate and spread awareness of the Constitution. It has even created a web site dedicated to “Constitution Day.”

Windsor law students recently launched the Charter Project to encourage Canadians to start discussions about the Charter. Among their various initiatives, they have produced public service announcements featuring Canadian celebrities and video interviews with legal experts.

As former dean, Elman supported the project from the very beginning. “I’m a huge supporter of anything that will get constitutional issues — Charter or otherwise — out into the public square as opposed to the rarified realm of law firms and judicial forums,” he says.

Canada

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United States

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International

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Hong Kong brother tycoons arrested for alleged corruption, Reuters

The number of divorces initiated in Canada last year fell for the second year running, according to Statistics Canada.

Around 54,000 divorces were filed in 2010-11 in seven reporting provinces and territories (Nova Scotia, Ontario, Alberta, British Columbia, Yukon, Northwest Territories and Nunavut, representing 66 per cent of Canada’s population), two-per-cent fewer than the previous year, when about 55,000 divorce files were opened. In 2008/2009 there were more than 56,000 initiations. This year’s number marks an estimated eight per cent fall in new cases since 2006/2007.

The steady decline mirrors a fall in the number of couples tying the knot over the last two decades. Whereas in 1989, about 190,000 marriages were recorded, by 2008, the last year data are available, that number had fallen to just 150,000. According to StatsCan, it expects about 60,000 of those couples to divorce before they reach their 30th anniversaries in 2038.

And when they do make the decision to dissolve their unions, there are ways to speed up the process, according to the report. The median length of uncontested divorces was just 120 days, compared with 490 days for contested ones. Couples in B.C. were most likely to have contested divorces in 2010-11, accounting for 23 per cent of active files. Nunavut had the smallest proportion of contested divorces, at 10 per cent of active files last year.

Still, an extremely small number of cases end up requiring a trial. The report notes that just one per cent of open cases had a trial during the last year, and only two per cent had ever reached trial at any stage.

Most divorces (61 per cent) are actually granted within six months of initiation in court, according to the report. Ontario is one of the quicker jurisdictions, managing to get 41 per cent of all its divorces done and dusted within three months.

However, 21 per cent drag on for more than a year in court nationwide, with wide variations by jurisdiction. A divorce in the Northwest Territories is least likely to cross the one-year threshold, with 13 per cent of cases lasting longer than 12 months, closely followed by Ontario at 14 per cent. Cases in Alberta are most likely to take more than a year, with 38 per cent in that category, while 37 per cent of Nova Scotia cases also take more than a year to get a judgment.