Hundreds of runners and walkers, many of them judges and lawyers, gathered in Ottawa at lunchtime today to participate in the 17th annual Law Day 5 KM Fun Run/Walk. Proceeds from the run will be donated to the Ottawa Lawyers Feed the Hungry program, which pairs local lawyers with the Ottawa Mission to serve meals to some of the city’s most vulnerable residents.

Supreme Court of Canada Justice Michael Moldaver got things going by firing the starting pistol. As Ottawa Law Day co-chairman Eugene Meehan quipped: “SCC judge points (starting) pistol in air, hundreds of lawyers sent running.” Once pulling the trigger, then Moldaver took off and ran the whole race!

After much speculation as to where he would land, former Supreme Court of Canada Justice Ian Binnie will be joining Toronto litigation boutique of Lenczner Slaght Royce Smith Griffin LLP as counsel. Binnie will provide strategic and practical advice, as well as dispute resolution expertise, to his colleagues and the firm’s clients.

Former SCC justice Ian Binnie is joining Toronto litigation firm Lenczner Slaght. (Photo: Glenn Kauth)

“Lenczner Slaght has great people and great work,” said Binnie, “and for me there is the added bonus of being able to practise again with many of the same talented people I worked with before going on the bench.”

Binnie, who in 1998 was appointed to the SCC bench directly from the bar, was a top commercial litigator before joining the court.

“Ian Binnie was widely recognized as one of Canada’s leading litigators while in practice and after that one of our finest judges,” said Peter Griffin, managing partner of Lenczner Slaght. “We are delighted to have him join us. We, and our clients, look forward to benefiting from his unique expertise.”

In nearly 14 years on the bench, Binnie authored 170 opinions, many in significant cases involving intellectual property, defamation, and constitutional and administrative law. His landmark judgments enlarged the fair comment defence in defamation cases, established privilege for journalists’ confidential sources and led to a framework for the courts to use in analyzing when to override liability-limitation clauses in contracts.

Binnie practised for three decades in courtrooms across the country and in the mid-1980s, served for four years as Canada’s Associate Deputy Minister of Justice. He was later appointed special parliamentary counsel to the joint committee of the Senate and the House of Commons on the Meech Lake Accord. He has an LLB and LLM from the University of Cambridge and an LLB from the University of Toronto Faculty of Law. He was called to the bar of England in 1966, the Ontario bar in 1967, and the Yukon Bar in 1985.

In addition to acting as counsel at Lenczner Slaght, Mr. Binnie will be a resident arbitrator at newly formed Arbitration Place in Toronto.

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.

Just weeks ago, Ugandan MP David Bahati reintroduced anti-homosexuality legislation that can mean the death penalty for a “serial offender” of the “offence of homosexuality.”

Ugandan lawyer Adrian Jjuuko was in Toronto last week to promote awareness of the attacks on human rights in his country. (Photo: Gail J. Cohen)

The infamous anti-gay bill, originally introduced in 2009, died when the parliamentary session expired before it was debated. The bill was widely condemned by national and international human rights groups as well as the government’s of many Western nations. Many see its re-introduction as a sign of contempt for Western governments’ meddling in the internal politics of African nations, including threats holding back of aid money.

“If there was any condition to force the Western world to stop giving us money, I would like that,” Bahati is quoted as saying in The New York Times.

And it is the issue of flagrant human rights violations, including the violence and potential severe punishments that accompany them, that brought Ugandan lawyer and human rights activist Adrian Jjuuko to Toronto last week.

He was in town to present a paper on Ugandan lesbian, gay, bisexual, transgender asylum seekers and how if the anti-homosexuality bill passed it would mean Canada would likely face many more refugees from his country.

Jjuuko for the last two years has been co-ordinator of the Civil Society Coalition opposing the anti-homsexuality bill. He currently chairs the legal team of the coalition.He is also part of Envisioning Global LGBT Human Rights, a Canadian-led international project on the impact of criminalizing sexual orientation and gender identity.

But while his trip to Canada focused extensively on the anti-homosexuality bill — “A draconian law. It violates the rights of the person.” — Jjuuko told Legal Feeds human rights violations of all kinds are rampant in his home country.

“Human rights for all people are under attack in Uganda today and the anti- homsexuality bill is just one of those direct attacks,” he says.

He urges Canadians, particularly lawyers through their bar organizations and law societies, to voice their support for all human rights by writing to the speaker of parliament in Uganda about the bill, talking to the Canadian government about supporting human rights, engaging with the law society in Uganda, and writing opinion pieces in the media.

“This should concern everyone,” he says. “There are lots of human rights violations in Uganda beyond [the anti-gay bill]. Only mentioning LGBT rights can makeit easy for legislators to duck behind the excuse of gay rights being a “western” issue being foisted upon them by neo-colonials.

When Bahati reintroduced the anti-homosexuality bill, he got a standing ovation with parliamentarians clapping and chanting “our bill,” says Jjuuko. “If left to Parliament, it will pass. It has overwhelming support from both sides of the house.”

The bill includes offences such as the “promotion” of homosexuality and “aggravated homosexuality,” which can include same-sex relations with a disabled person, even if it is consensual, and sex with a minor, which Jjuuko notes is already covered by other criminal laws.” Some small changes from the original 2009 bill have been suggested by the parliamentary committee but “the worst parts of it are still there including the death penalty which is now proposed by reference,” he says.

He points out that the work activists like himself do, promoting human rights for all, is regarded as the promotion of homosexuality and could net him seven years in prison under the proposed law.

The affable young lawyer is very passionate about what he does despite the danger he faces. For instance, he has had to move his home a number of times in the last few years, he receives lots of hate mail from people “threatening abusing and threatening,” he says. It’s all forced to him to have to get security training to protect himself.

“Most of the time, you have to check behind your back.”

Governor General David Johnston announced 66 new appointments to the Order of Canada on Dec. 30, 2011.

David W. Scott

There are five lawyers in the group of new appointees including former prime minister Paul Martin Jr., who has bee accorded to the highest honour of Companion of the Order. Martin was called to the Ontario bar in 1966 and has spent most of his career in business and politics.

The Order of Canada is one of Canada’s highest civilian honours. It was established in 1967 during Canada’s centennial year to recognize a lifetime of outstanding achievement, dedication to community and service to the nation. There are three areas of appointment: companion, officers and members

Daphne Dumont Photo: Gail J. Cohen

Recipients will be invited to accept their insignia at a ceremony to be held at a later date.

Officers

David W. Scott has been made an officer of the Order of Canada for his contributions to the legal profession and for his charitable activities. Scott is is co-chairperson of Borden Ladner Gervais LLP and Counsel in the Ottawa office. He was called to the Ontario bar in 1962 and is certified by the Law Society of Upper Canada as a specialist in civil litigation. He was appointed Queen’s Counsel in 1976 and has been honoured with awards from many legal associations in Canada and is well known for his pro bono work. He is also a former LSUC bencher.

Members

Aaju Peter Photo: Gail J. Cohen

Charlottetown family lawyer Daphne E. Dumont, a former president of the Canadian Bar Association, has been named a member of the Order of Canada for her contributions as a lawyer and volunteer with various legal associations. Dumont earned her law degree at Oxford University in 1976, becoming the first woman admitted to study law at any of the Oxford men’s colleges. She served on the national task force on gender equality in the legal profession with former Supreme Court justice Bertha Wilson and also worked for five years on a CIDA-funded development project to introduce civil legal aid to rural China. She was called to the P.E.I. bar in 1978 and is a partner in Macnutt & Dumont.

Mary Margaret Hetherington of Calgary, Alta. has been recognized for her pioneering achievements as a woman in law and for her work in northern communities. Hetherington has been a judge for the courts of appeal in Nunavut and Alberta and is highly regarded for breaking new ground in the field of alternative dispute resolution.

Aaju Peter is a lawyer and clothing designer in Iqaluit, Nunavut. She is honoured for her contributions to the preservation and promotion of Inuit culture and language. Peter was born and raised in Greenland, and moved to Iqaluit in the early 1980s. She is a mother of five and is a graduate of the ground-breaking Akitsiraq Law School and is well-known for her sealskin creations.

The full list of appointments is here.

While it’s no longer done in Ontario or Manitoba, some provinces across the country still confer Queen’s counsel appointments on members of the bar. Most of them are made at the end of December, so here’s a roundup of the latest annoucements as well as those made earlier this year.

New Brunswick appointed 11 new QCs in 2011. Photo: Government of New Brunswick

There are 104 new Queens counsel in Alberta, which goes through the process every two years.
“This designation recognizes the excellent skill and expertise exhibited by lawyers in Alberta,” said Minister of Justice and Attorney General Verlyn Olson making the announcement on Dec. 30. “It is also a mark of the outstanding contributions they have made to the profession and in their communities.” The extensive list of honourees from both the public and private sector can be found here.

In Nova Scotia, Minister of Justice and Attorney General Ross Landry says the 12 Queen’s counsel appointees in that province have earned the respect of their colleagues and many others by making strong personal contributions to their communities and the legal profession. The recommendations for the appointments are made to cabinet by an independent advisory committee. See the full list of Nova Scotia’s QCs named Dec. 22 here.

In British Columbia, 28 lawyers received the Queen’s counsel honour on Dec. 22 from Attorney General Shirley Bond. The QC designation is an honour conferred on members of the legal profession “to recognize exceptional merit and contribution.” The list of all 28 B.C. appointees is here.

In Saskatchewan, the QC honours have been expanded to include solicitors and corporate counsel “who have contributed to the legal profession in the courtroom,” as well as the traditional barrister recipients, said Justice Minister and Attorney General Don Morgan. “These exceptional recipients being honoured with a Queen’s Counsel designation have a range of experience and represent the very best of our legal community.” The 16 honourees in Saskatchewan can be found here.

Also on Dec. 22, Pamela J. Williams was given the QC honour in Prince Edward Island by Janice Sherry, minister of Environment, Labour and Justice and Attorney General. “Pamela Williams has distinguished herself through her professional work, her leadership within the legal community, and her community involvement,” said Sherry.

New Brunswick named its QCs back in October. The 11 N.B. lawyers named are here.

“It is a prestigious honour and I congratulate the 11 individuals on their appointments. They represent the professionalism and dedication that are the qualities of Queen’s counsel,” Felix Collins, Newfoundland and Labrador’s minister of Justice and Attorney General said when making his announcement in June. The senior barristers who’ve been honoured are here.

This past year, it was the human stories of lawyers, members of the bench, and wannabe lawyers in Ontario that caught the attention of Law Times readers. Here are the top 10 most read articles from lawtimesnews.com in 2011:


1. Lawsuit alleges abusive culture at T.O. firm

2. Associate sues Mathews Dinsdale for $1.3M

3. Lawyers, judges battle at LSUC

4. Law graduate loses human rights case against articling principal

5. Ex-teacher who slept with student now seeks bar entry

6. Ex-Crown loses $1M suit over promised judicial appointment

7. Largest law firms in Canada

8. JP accused of sexually harassing six court clerks

9. Former escort turns life around to become lawyer

10. Colleague gives missing lawyer benefit of doubt

Here are the top 10 most read stories of 2011 from canadianlawyermag.com. Some are reproduced from the magazine, such as our Top 25 Most Influential — always a big draw — and some you'll only find online. As usual, the stories that rise to the top of the charts tend to be the rankings and surveys. Everyone wants to know how they measure up and where they fit in! So of course, I encourage readers to participate in all our upcoming surveys and rankings in 2012.

1. The Top 25 Most Influential (2011 edition)

2. Law school star fights LSUC’s good character ruling

3. The 2011 Canadian Lawyer compensation survey

4. The going rate: Canadian Lawyer’s 2011 legal fees survey

5. Behind the scenes: The January 2011 Canadian Lawyer cover story that interviewed defence counsel in the Russell Williams case.

6. A cut above: Canadian Lawyer highlights the best boutiques in the areas of personal injury and trusts and estates.

7. 10 things you really need to know to practise law
 
8. Useful Google tips and tricks for lawyers

9. Prairie gold: Canadian Lawyer's top 10 prairie law firms are keeping very busy

10. Osgoode student who overcame many obstacles dies

In its first year, Legal Feeds has brought legal news from across Canada to our readers. Seems lawyers like to read about what's going on with their collegues, from appointments to the bench to lawyers in trouble and more, here are the 10 most read stories of 2011 from the blog.

1. Tale of dead dog’s ashes not enough to save lawyer
 
2. Toronto criminal lawyer Marshall Sack dies

3. Top 10 tips for the well-dressed (male) lawyer

4. Judge lays into insurance lawyer
 
5. Six new judicial appointments
 
6. B.C. judge calls Justice lawyer’s conduct ‘reprehensible’
 
7. Feds announce seven judicial appointments

8. Young Women in Law hosts charity gala

9. Tax Court nixes lawyer’s attempt to write off internet poker losses

10. Crush of Chinese homebuyers create legal issues in B.C.

Earlier this week, the Law Society of British Columbia posted a news release that it had learned of a B.C. law firm that had again fallen victim to the “bad cheque” scam.

The scheme was similar to one described in 2010, notes the LSBC.

“The ‘client’ requested help in collecting money owed by her former spouse pursuant to a collaborative law settlement. She provided a copy of a collaborative law agreement and eventually agreed to a 25 per cent contingency fee. Even before the firm sent a demand, a bank draft in favour of the firm was received from the ex-husband. Assuming the draft was legitimate, the firm wired the funds (less its fee) to a payee identified by the ‘client,’ only to discover later that the draft was counterfeit. The names used by the ‘client’ and ‘former spouse’ were Tammi Mazur and Brian Denman.

“We have also learned of an intellectual property twist that has just surfaced in relation to the phony debt collection scam. In this scam, a purported Dan Nagasakii of CCP Group International asks for help enforcing intellectual property rights in relation to the unauthorized distribution of language software by someone ‘in your locale,’” said the web site.

On the heels of that latest bit of bad news, the LSBC announced its benchers have approved a plan to offer insurance coverage as of Jan. 1 for these cheque scams that are popping up across the province.

The law society says coverage by the Lawyers Insurance Fund, specifically tailored for this risk, “will provide some protection against shortages of client funds as a result of a fake or forged certified cheque, bank draft, money order, or solicitor’s trust cheque, provided the client ID and verification rules are met.”

“Although B.C. lawyers were not clamouring for coverage, a loss to a firm, especially a small one, could be significant. As a result, the benchers took a proactive approach to insurance and decided that some insurance be provided for client trust fund losses,” Su Forbes, the LSBC’s director of insurance, tells Legal Feeds. “Coverage is contingent upon the lawyer meeting the client identification and verification rules, and will not extend to the firm’s own losses by way of overdraft to its bank.

Forbes says the insurer doesn’t know what claims might arise, “but to date there have been very few incidents of B.C. firms being caught in the scam. With shortfall losses partly covered by insurance, the financial consequences of the scam will be directly influenced by the level of due diligence exercised by lawyers.”

The LSBC maintains that awareness and vigilance are lawyers’ most important tools in combatting fraud but benchers realized there are times when practitioners get unwittingly embroiled in these scams and that some insurance coverage is “appropriate.”

“Lawyers can directly influence the cost of the insurance in future through their vigilance and care,” says Forbes. “There is no increase to the insurance fee for 2012 to cover off the risk.”

Wording of the new policies will be posted soon to the LSBC’s web site and a full description of the coverage will be in the Spring 2012 Insurance Issues: Program Report.

Details on cheque and other frauds are also available at the LSBC’s web site.