Minutes - The Law Society of Saskatchewan

Minutes for the Meeting of the Benchers
September 11 and 12, 2014
Sheraton Cavalier, Saskatoon
Present:
Robert Heinrichs, Brenda Hildebrandt, Q.C., Dr. Sanjeev Anand, Q.C., Jeff Baldwin, Perry
Erhardt, Q.C., Thomas Healey, Joel Hesje, Q.C., Erin Kleisinger, Judy McCuskee, Lorne
Mysko, Ronni Nordal, Ronald Parchomchuk, Darcia Schirr, Q.C., Sean Sinclair, Lorraine
St. Cyr, Dr. Greg Stevens, Della Stumborg, Gerald Tegart, Q.C. and Jay Watson
In attendance:
Tom Schonhoffer, Q.C., Donna Sigmeth, Q.C., Andrea Johnston and Barbra Bailey.
Gregory Walen, Q.C., Federation Council, was also in attendance.
1.
CALL TO ORDER
The meeting commenced at 3:03 p.m. on Thursday, September 11, 2014.
2.
APOLOGIES FOR ABSENCE
Apologies for absence were received from Heather Laing, Q.C., David Rusnak and David
Chow. Judy McCuskee will attend on Friday only.
3.
ACCEPTANCE OF AGENDA
A motion to accept the Agenda, as amended in item 4 below, was moved by Lorraine St.
Cyr, seconded by Dr. Greg Stevens. The motion was carried unanimously.
4.
AGENDA ITEMS WHICH ARE NOT OPEN TO THE PUBLIC
The appointments of the Saskatoon Bencher and the Legal Aid Representative require
discreet and confidential comment by the Benchers.
The Special Fund Claim also requires confidentiality. Mr. Merchant’s client, MH, always
asserted privilege.
5.
ADOPTION OF MINUTES
A motion to adopt the Minutes of the meeting held June 20, 2014 was presented by Sean
Sinclair, seconded by Ron Parchomchuk. The motion was carried unanimously.
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A motion to adopt the Minutes of the meeting held August 13, 2014 was presented by
Darcia Schirr, Q.C., seconded by Perry Erhardt, Q.C. The motion was carried
unanimously.
6.
7.
MATTERS ARISING FROM THE MINUTES
AGENDA ITEMS FOR DECISION
a. Appointments
i. Saskatoon Bencher
The memo from Tom Schonhoffer, Q.C., along with 16 applications, was
reviewed by the Benchers. After deliberation, a short-list of 4 candidates was
approved for consideration in an online poll. The candidate receiving the
most votes will be declared appointed by the Benchers.
ii. Legal Aid Commission
The appointment of Ronald Kruzeniski, Q.C. as the Information and Privacy
Commissioner of Saskatchewan created a vacancy on this board. A memo
from Tom Schonhoffer, Q.C., along with 9 applications, was considered by
the Benchers to determine a new representative.
A motion to appoint Amanda Dodge to the Legal Aid Commission for a twoyear term, from September 15, 2014 to December 31, 2016 was presented
by Joel Hesje, Q.C., seconded by Dr. Sanjeev Anand, Q.C. Motion carried
unanimously.
b. Law Foundation
A resolution of the Law Foundation requested the appointment of Robert
Gibbings, Q.C. as Chair. He would also require an appointment for an
additional two year term.
Moved by Lorraine St. Cyr, seconded by Jay Watson, that the term of Robert
Gibbings, Q.C. be extended and that he be appointed as Chair of the Law
Foundation for a two-year term, commencing January 1, 2015.
c. Governance
The Governance Review Committee developed a draft Governance Policy
Manual with the assistance of Laura Saparlo, Tom Schonhoffer, Q.C. and
Barbra Bailey.
The committee was not asking for approval of the policy at this time. Instead, it
recommended a preliminary discussion of the Manual to determine if it was
generally in accordance with the general principles discussed by the Benchers
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at April Convocation. The Benchers made several suggestions for amendment
to the wording of the policy that will be referred back to the committee.
The Governance Policy Manual will be on the Agenda at November
Convocation. It is also anticipated that in November, the standing committees
should be updated (add Governance and Audit, eliminate Legislation and
Policy). The Governance Review Committee will present draft Terms of
Reference on the new standing committees.
d. Rule Amendments – Admissions & Education
The Admissions & Education Committee has entirely re-written the Admissions
section of the Rules, splitting them up as Part 7 and 7A. The bulk of the Rules
remain in Part 7, while newly established Part 7A will pertain to national mobility
and inter-jurisdictional practice. Documents from Barbra Bailey, Policy Counsel,
outlining all the amendments was presented for discussion by the Benchers.
Darcia Schirr, Q.C. highlighted several issues in the proposed Rules:
 Other Law Society staff were consulted to ensure the Rules are
operational.
 The Rules have been endorsed by the A & E Committee.
 Some Rules which have recently been amended were left unchanged,
but renumbered as the layout has been changed.
 Rule 176, which can be referred to as the “omnibus Rule” for
applications, makes a uniform process for A & E applications and
hearings.
 Rule 177 allows hearing panels to include any persons. It is consistent
with discipline hearing committees;
o A & E is a small committee, and when there are conflicts, it can be
difficult to constitute a panel, so expanding the pool will be
beneficial.
o the Chair of a hearing panel will always be a member of A & E.
 The committee requested guidance on two items as follows:
1. Definition of Executive Director (proposed Rule 149) – the new
definition contemplates delegation of duties and reflects the
operational reality. Governance Policy will further define
accountability.
 Signing the Roll as a condition of admission. Proposed Rule 162
provided options to completely remove the mandatory requirement to
sign the rolls before admission, or to keep the existing Rule.
 Part 7A is mostly technical – there have not been many substantial
changes; mostly just relocation and streamlining.
Bencher discussion regarding the requirement to sign the Roll as a condition of
admission:
o Signing the roll at the office is not very ceremonial and can be disruptive
to the office.
o It can be inconvenient for students who are not from Regina.
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o It is a tradition – there is something to be said for having something to
mark the entrance into the profession, as it is a significant achievement.
o The book is in danger of being damaged, so moving it is not practical.
o The current introduction to the Bar ceremonies in Saskatchewan judicial
centres are very different from each other. In Alberta, each lawyer is
admitted individually with a judge administering the oath and the
significance of the occasion is highlighted; admission is dependent upon
completing this ceremony.
o We would need the cooperation of the courts for this; organizing the
logistics would be difficult and it is possible the courts would not be
prepared to do this.
A motion to maintain the status quo, which would adopt option #2 of Rule 162 in
the new proposed Rules, was presented by Joel Hesje, Q.C., seconded by Dr.
Sanjeev Anand, Q.C. 12 in favour, 4 opposed. Motion is carried.
On first reading, a motion to adopt the new Part 7 of the Rules, Membership and
Practice Privileges, with option #2 of Rule 162, the new Part 7A of the Rules,
National Mobility and Interjurisdictional Practice, all necessary consequential
Rule amendments and all necessary consequential amendments to supporting
Law Society of Saskatchewan documents, effective November 1, 2014, was
presented by Perry Erhardt, Q.C., seconded by Lorraine St. Cyr. The motion
was carried unanimously.
A motion to grant second reading on the same day was presented by Della
Stumborg, seconded by Darcia Schirr, Q.C. The motion was carried
unanimously.
On second reading, a motion to adopt the new Part 7 of the Rules, Membership
and Practice Privileges, with option #2 of Rule 162, the new Part 7A of the
Rules, National Mobility and Interjurisdictional Practice, all necessary
consequential Rule amendments and all necessary consequential amendments
to supporting Law Society of Saskatchewan documents, effective November 1,
2014, was presented by Sean Sinclair, seconded by Dr. Sanjeev Anand, Q.C.
The motion was carried unanimously.
e. Special Fund
The Special Fund was established to compensate for lawyer misappropriation or
wrongful conversion. Tom Schonhoffer, Q.C. provided a report on the V.W.
Special Fund Claim.
Following an in-camera Bencher discussion, a motion that V.W.’s claim be
denied on the basis that it did not meet the requirements of the Law Society
Rules and The Legal Profession Act, 1990, was presented by Ronni Nordal,
seconded by Jay Watson. 14 in favour, 2 opposed. Motion carried.
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f.
Budget Planning/Surplus Policy
In preparation for the Budget, a memo describing the current surplus and
analyzing risks was presented to the Benchers for discussion. It was agreed
that the current surplus is adequate to cover foreseeable risks, but that the
surplus should not continue to grow.
8.
AGENDA ITEMS FOR DISCUSSION
a. Reports
i. President’s Report
Robert Heinrichs reported attending the following:
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Convocation and the Annual General Meeting of the Law Society of
Manitoba in Winnipeg on June 26th and 27th.
o Three members appeared at the AGM to speak out against
Manitoba’s position on TWU.
Brenda Hildebrandt, Q.C. spoke at Justice Donald Layh’s swearing-in
on July 15th.
President Heinrichs spoke to the new CPLED class in August, which is
the largest ever at 95 students.
President Heinrichs spoke to the new law school class on September
2nd.
There was an Executive Committee Meeting in Regina on August 26th.
President Heinrichs will act as a “cloaker” at the first year gowning
ceremony at the College of Law next week.
ii. Executive Director’s Report
A written report was provided to the Benchers for information. Tom
Schonhoffer, Q.C. highlighted the following:
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financial statements to July 31st which shows a healthy surplus; and
that CPD revenue is down this year, but not by a significant amount.
Jody Martin’s Admissions Report shows a record 95 students in the
Bar Course (as recently as 8 years ago, we averaged 50 students); we
also continue to receive an increased number of transfer lawyers.
iii. Gregory Walen, Q.C., Federation Council
Gregory Walen, Q.C. reported the following:
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Federation Council has not met since last Convocation; the next
meeting is October 8th and 9th in Halifax (Greg Walen, Q.C., Robert
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Heinrichs, Brenda Hildebrandt, Q.C. and Tom Schonhoffer, Q.C. will
also attend the meeting).
An E-vote was cast on an interim governance policy, pending a
complete governance review:
o most council members play a dual role: they have a duty of
loyalty to the Benchers of their home Law Society, but also a
fiduciary duty to the Federation as council members;
o the interim governance policy sets out instances where council
members can cast votes on operational matters without
consulting with their Law Society, but states that, for all other
votes, they should consult with their Law Society.
The Task Force on the Canadian Common Law Degree was granted
an extension to revise the dual degree program by 2017.
b. Committee Reports
Attached are the Minutes of committee meetings.
i. Admissions & Education
Minutes from the meetings held May 1, 2014, June 2, 2014 (conference call)
and June 19, 2014 were provided for information.
Darcia Schirr, Q.C. reported the following:
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The amendments to Part 7 and 7A of the Rules were presented.
ii. Discipline
Minutes from the meeting held May 1, 2014 were presented for information.
Perry Erhardt, Q.C. reported the following:
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Lorraine St. Cyr, as chair of the Conduct Investigation Committee and
Perry Erhardt, Q.C., will continue to have discussions about the
investigation process and Lorraine St. Cyr will attend Discipline
Executive meetings from time-to-time.
Hearing and Penalty checklists have been streamlined and updated.
Terms of Reference were discussed at this meeting.
The Bencher Training Sub-committee, consisting of Perry Erhardt,
Q.C., Brenda Hildebrandt, Q.C., Judy McCuskee and Andrea
Johnston, will travel to Vancouver to audit training sessions that are
developed by B.C.’s Council of Administrative Tribunals.
o There are three different sessions on:
1. principles of administrative law;
2. hearing conduct and procedure; and
3. decision writing.
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o From there, the sub-committee will decide how to develop a
Law Society and Saskatchewan-specific training model.
iii. Ethics
Minutes from the meeting held April 30, 2014 were presented for information.
Lorraine St. Cyr reported the following:
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The Model Code Sub-committee looked at three referrals from the
Federation as follows:
1. Communicating with witnesses;
2. Errors and omissions; and
3. Language concerning the treatment of equity-seeking groups and
the duty to report misconduct.
Terms of Reference were discussed at this committee meeting.
The committee had one conduct ruling at its meeting yesterday.
iv. Professional Standards
Minutes from the meeting held May 1, 2014 were presented for information.
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Terms of Reference were discussed at this committee meeting which
require a few revisions and consistent format with other committees.
The committee discussed the possibility of facilitating the use of locum
lawyers in Saskatchewan.
o The committee requested a survey to determine interest in (1)
acting as a locum and (2) engaging a locum.
o The committee is looking for Bencher feedback on whether they
should pursue this.
The committee approved draft amendments to the Rules respecting
bankruptcy of a member and new discretionary guidelines which will
be on the Bencher Agenda at November Convocation.
v. Executive
Minutes from the meeting held May 28, 2014 were presented for information.
vi. Access to Legal Services
Minutes from the meeting held April 30, 2014 were presented for information.
Della Stumborg reported the following:
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The committee has also been working on Terms of Reference.
The committee has decided to meet on an “as-needed” basis and did
not meet at this Convocation.
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vii. Library Review
Minutes from the meeting held May 1, 2014 were presented for information.
Sean Sinclair reported the following:
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9.
The committee continues to discuss collaboration with the College of
Law library.
o Representatives also met on July 9th and September 10th to
discuss ways to reduce duplication of materials, services, etc.
o Tom Schonhoffer, Q.C., Melanie Hodges Neufeld and the
Assistant Dean of Libraries at the College of Law will have
further meetings in the months ahead.
Further plans for major changes will come back to the Benchers for
approval.
A QuickLaw subscription is provided through the library to members of
firms of 10 members or less and costs $60,000. With the expansion of
cases on CanLII, the committee discussed whether the library should
continue to provide QuickLaw to small firms.
The committee has also discussed seeking increased funding for
having Saskatchewan decisions on CanLII.
INFORMATION
The following article was presented for information only:
a. On the Precipice: The Future of Legal Regulation, remarks by Darrel Pink,
Executive Director of the Nova Scotia Barristers’ Society.
10.
DATE AND PLACE OF THE NEXT MEETING
The next Convocation is scheduled for October 17, 2014 at the Hilton Garden Inn in
Saskatoon. The President’s Dinner will take place in the evening at TCU Place.
The meeting adjourned at 4:27 p.m. on Thursday, September 11, 2014 and resumed at
9:00 a.m. on Friday, September 12, 2014.
A motion to adjourn was presented by Dr. Sanjeev Anand, Q.C. at 11:58 a.m.
THOMAS J. SCHONHOFFER, Q.C.
Executive Director
TJS/el

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