6
aid that truly meets the needs of underprivileged clients, as maintained by a vibrant de- fence bar and sustainable funding. This position is being taken up at the provincial level by the County and District Law Presidents' Association (www.cdlpa.org), and will ben- efit from continued discussion and perspective-sharing amongst the diversity of our membership. Whatever your views be, on this or any topic, we are committed to listen- ing. Feel free to call or email me anytime, and keep watch- ing this space for updates on our semi-annual meeting in September. Yes, I do want to host it in Sioux Lookout. No, you will not have to wear fluo- rescent orange. Best wishes for a safe and fruitful summer, whenever it comes. If you felt the ground shift slightly under your leathered soles on March 21, it may not have been simply the sequelae of another Happy Hour at Joubert and Co. At approxi- mately 4:32 that afternoon, having surmounted innumera- ble (i.e. no) challenges to the appointment, I became your association's president for the 2014-15 term. Yes, the KDLA is now ruled by a rube from Sioux Lookout. But have no fear, dear members. I am well- known as one of our town's 'Top 10' legal scholars, and besides, my first priority of investing the association's finances in endofwinter guess- es has already been voted down by Elaine Bright and Sayer Down, your new VP and secretary-treasurer, respec- tively. Rest assured that they are committed to keeping the 'Kenora' in KDLA... We do have some slightly more sober aspirations for this coming year, however. As can be gauged from the three Resolutions that were passed at the recent AGM,(see p. 2) the association continues to advocate for a system of legal President’s Message Inside this issue: President’s Message 1 Justice Trach 1 Resolutions 2 Student’s point of view 3 Tyler Johnson 4 New Executive 5 Recent Acquisitions 5 Membership Dues 6 View from Window 6 District of Kenora Law Association KENORA DISTRICT LAW ASSOCIATION APRIL 2014 Incoming KDLA Presient Simon Ow- en, shown here with his daughter Clare. JUDICIAL APPOINTMENT JusƟce Sarah Suzanne Trach was called to the bar in 2003. For the past 10 years she has worked at McAuley & Partners, focusing on family law and acƟng as manag- ing partner for the past three years. Jus- Ɵce Trach has also pracƟsed general liƟ- gaƟon, including Small Claims Court maƩers, employment, criminal and civil liƟgaƟon in both the Ontario Court of JusƟce and the Superior Court of JusƟce. She has been a member of the legal panel of the Oce of the Children's Lawyer and the Family Re- sponsibility Oce. JusƟce Trach has been a member of the board of the Ontario AssociaƟon for Family MediaƟon, and Hoshi- zaki House, a shelter for abused women and their children. Chief JusƟce Annema- rie E. Bonkalo has as- signed JusƟce Trach to preside in Kenora. The KDLA congratulates Madam Justice Sarah S. Trach on her appointment to the Ontario Court of Justice

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Page 1: District of Kenora Law Association KENORA DISTRICT LAW ...€¦ · 09/03/2014  · District of Kenora Law Association KENORA DISTRICT LAW ASSOCIATION APRIL 2014 Incoming KDLA Presient

aid that truly meets the needs of underprivileged clients, as maintained by a vibrant de-fence bar and sustainable funding. This position is being taken up at the provincial level by the County and District Law Presidents' Association (www.cdlpa.org), and will ben-efit from continued discussion and perspective-sharing amongst the diversity of our membership. Whatever your views be, on this or any topic, we are committed to listen-ing. Feel free to call or email me anytime, and keep watch-ing this space for updates on our semi-annual meeting in September. Yes, I do want to host it in Sioux Lookout. No, you will not have to wear fluo-rescent orange.

Best wishes for a safe and fruitful summer, whenever it comes.

If you felt the ground shift slightly under your leathered soles on March 21, it may not have been simply the sequelae of another Happy Hour at Joubert and Co. At approxi-mately 4:32 that afternoon, having surmounted innumera-

ble (i.e. no) challenges to the appointment, I became your association's president for the 2014-15 term. Yes, the KDLA is now ruled by a rube from Sioux Lookout. But have no fear, dear members. I am well-known as one of our town's 'Top 10' legal scholars, and besides, my first priority of investing the association's finances in endofwinter guess-es has already been voted down by Elaine Bright and Sayer Down, your new VP and secretary-treasurer, respec-tively. Rest assured that they are committed to keeping the 'Kenora' in KDLA...

We do have some slightly more sober aspirations for this coming year, however. As can be gauged from the three Resolutions that were passed at the recent AGM,(see p. 2) the association continues to advocate for a system of legal

President’s Message Inside this issue:

President’s Message 1

Justice Trach 1

Resolutions 2

Student’s point of view 3

Tyler Johnson 4

New Executive 5

Recent Acquisitions 5

Membership Dues 6

View from Window 6

District of Kenora Law Association

KENORA DISTRICT LAW ASSOCIATION

APRIL 2014

Incoming KDLA Presient Simon Ow-en, shown here with his daughter Clare.

JUDICIAL APPOINTMENT Jus ce Sarah Suzanne

Trach was called to

the bar in 2003. For

the past 10 years she

has worked at

McAuley & Partners,

focusing on family law

and ac ng as manag-

ing partner for the

past three years. Jus-

ce Trach has also

prac sed general li -

ga on, including Small

Claims Court ma ers,

employment, criminal

and civil li ga on in

both the Ontario

Court of Jus ce and

the Superior Court of

Jus ce. She has been a

member of the legal

panel of the Office of

the Children's Lawyer

and the Family Re-

sponsibility Office.

Jus ce Trach has been

a member of the

board of the Ontario

Associa on for Family

Media on, and Hoshi-

zaki House, a shelter

for abused women

and their children.

Chief Jus ce Annema-

rie E. Bonkalo has as-

signed Jus ce Trach to

preside in Kenora.

The KDLA congratulates Madam Justice Sarah S. Trach on her appointment to the Ontario Court of Justice

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BE IT RESOLVED THAT the KDLA encourages CDLPA to develop an advocacy strategy and lead ini a ves regarding issues of concern from law-yers regarding Legal Aid On-tario.

WHEREAS CDLPA is a prov-ince-wide ins tu on that advocates on issues of im-portance to the Kenora Dis-trict legal community;

RESOLUTION ON LEGAL AID ONTARIO’S HONOURING OF THE MEMORANDUM OF UNDERSTANDING

RESOLUTION TO THE COUNTY AND DISTRICT LAW PRESIDENTS ASSOCIATION (CDLPA)

BE IT RESOLVED THAT the Kenora District Law Associa-on call upon the Province of

Ontario to review and adjust the Financial Eligibility Guide-lines to bring them in line with the current cost of living and minimum wage.

RESOLUTION ON LEGAL AID ONTARIO’S FINANCIAL ELIGIBILITY GUIDELINES

WHEREAS the Province on Ontario has not raised the Financial Eligibility Guidelines for Legal Aid coverage since 1995;

WHEREAS members of the local criminal defence bar are concerned that Legal Aid On-tario (LAO) is threatening private sector delivery of le-gal services, undermining the Memorandum of Under-standing 2010 (“MOU”) which commits LAO to a “vibrant independent, private-sector defence bar” as being “necessary and important to the delivery of high quality and highly effec ve criminal defence services”;

WHEREAS LAO has created several ini a ves, including

expanding the role of Duty Counsel, hiring permanent Criminal Staff Defence Law-yers throughout the Province and considering expanding the role of paralegals;

WHEREAS all of these ini a-ves have been done without

real consulta on with the private bar and without any nego a on or re-nego a on of the MOU;

WHEREAS the Kenora bar (Criminal Defence Lawyers) have wri en to Legal Aid On-tario, presented a Posi on Paper and met with LAO Vice-

Presidents, asking for assur-ance that no Staff Defence Counsel will be installed in Kenora, and have received no response;

BE IT RESOLVED THAT the Kenora District Law Associa-on call upon Legal Aid On-

tario and the Province of On-tario to honour the spirit and intent of the MOU, and that appropriate response and consulta on come from Legal Aid Ontario, responding to our recorded and clear con-cerns regarding current and future ini a ves that affect private prac oners.

Page 2 KENORA DISTRICT LAW ASSOCIATION

BE IT

RESOLVED

THAT:

The above resolu ons were passed at the Kenora District Law Associa on (KDLA) Annual General Mee ng, March 21, 2014.

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With the second semester of our first year coming to an end, and as we start to study for upcoming exams, a reflection on the past year reveals how much we have learned, and how much more we still have yet to learn. As part of the first year requirements, students were required to complete twenty Aboriginal perspec-tive hours. This included guest lectures, panels, con-ferences and documentary showings as well as feasts, pow wows, and other cul-tural events. For many this was an opportunity to learn and participate in some-thing new and exciting, and for others it was an oppor-tunity to share their herit-age with classmates. In addition to the speakers included in the aboriginal perspective hours, students were also able to hear from several other speakers ranging in issues from wrongful convictions to the rules and roles of lawyers

within the justice system. Of these presenters there were lawyers and universi-ty professors, as well as, judges including Justice David Paciocco, Justice Murray Sinclair and The Honourable Frank Iac-cobucci, former Justice of the Supreme Court of Can-ada. These first year educational experiences and the grow-ing classmate camaraderie have set the groundwork for positive future studies at Lakehead University’s law program. Second year courses both mandatory and electives will soon be discussed, and two new faculty members have been confirmed to join the team next year. In the fall, the school’s stu-dent population will grow with a new crop of law stu-dents who will be wel-comed into a developing law school culture. While as second years, we will need to get accustomed to

no longer being the ‘babies of the family’, we look for-ward to inducting new stu-dents to the difficult and rewarding life of a law stu-dent. And as we put our heads into our books re-viewing class notes, tests, and case briefs, we will try to ignore the impending signs of spring (should it ever choose to arrive) and make it through another set of exams.

A Law Student’s Point of View

Whitney van Belleghem grew up in Kenora. She is a graduate of Beaver Brae Secondary School, and the University of Ottawa. She is currently enrolled in the Charter Class at Lakehead University’s Law School.

Page 3 APRIL 2014

These first year

educational experiences

and the growing

classmate camaraderie

have set the groundwork

for positive future

studies at Lakehead

University’s law

program.

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Page 4 KENORA DISTRICT LAW ASSOCIATION

The Partners take pleasure in announcing that

TYLER EVYN JOHNSON has joined the firm as a Partner and according-

ly the firm name has been changed.

Born and raised in Kenora, Tyler graduated

from St. Thomas Aquinas high school before

leaving town to pursue a higher educa on

receiving a B.A. from the University of Calgary

in 2003 and an LL.B. from the University of

O awa in 2007. Tyler returned to Kenora and

joined the firm as an ar cling student in 2007

and has remained with the firm as an associate

lawyer.

Tyler is ac ve in the community and enjoys

sports and the outdoors including hun ng,

fishing, golf and curling. He is currently an

execu ve member of the Kenora Federal Lib-

eral Associa on and is Chairman of the Kenora

Bass Interna onal.

As a partner Tyler will con nue his extensive

solicitor prac ce in Real Estate and Corpo-

rate / Commercial law and broaden his prac-

ce in Wills and Estates while con nuing to

prac se Family, Criminal and Environmental

law.

Shewchuk, Ormiston, Richardt & Johnson LLP

Tyler E.vyn Johnson, new partner at

Shewchuk Ormiston Richartdt &

Johnson LLP

It was 139 years ago on April 8, 1875 that the

Parliament of Canada passé an act to create

the Supreme Court of Canada.

The Court was inaugurated on Nov 18, 1875,

officially sat for the first me on Jan 17,1876

and heard its first case in June 1876.

In 1949 the Supreme court moved into the

building shown here and the number of judg-

es was raised to nine.

As of 1949, Supreme Court of Canada deci-

sions could no longer be appealed to the Judi-

cial Commi ee of the Britsih Privy Council.

Did you know?

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Congratula ons to the new execu ve as elected at the recent KDLA AGM.

President: Simon Owen Beamish & Associates in Sioux Lookout

Vice President: Elaine Bright Pace Law Firm in Kenora

Secretary/TreAsurer: Sayer Down Hook Seller & Lundin in Kenora.

NEW KDLA EXECUTIVE

Page 5 APRIL 2014

NEW BOOKS

The 2014 Annotated Indian act and aboriginal constitutional provi-sions (Imai)

The 2014 Annotated Ontario con-struction lien act (Glaholt & Keeshan)

The 2014 Ontario human rights code

The 2014 Ontario Landlord and tenant statutes (Butkus)

Admissibility of statements: police edition 2013 (Marin)

Annotated Ontario rules of crimi-nal practice 2014

Annual review of civil litigation (Archiblad & Echlin)

Canadian charter of rights and freedoms (Mendes & Beaulac) 5th ed.

Canadian Law Dictionary (Coughlan) 7th ed.

The Civil courtroom: professional ism to build rapport (Hollander)

Criminal law defences (Knoll) 4th ed.

Cross-border torts: Canadian –

U.S. litigation strategies (Pickett)

Defamation law: a primer (Brown) 2nd ed.

Discovery techniques: a practical guide to the discovery process in civil actions (Hollander)

Family law arbitration in Canada (Wilton & Joseph) 2nd ed.

The Essential guide to settlement in Canada (Bathgate & McPher-son)

Mediation for civil litigators: issues and solutions (Hollander)

Natural resource jurisdiction in Canada (Newman)

Pension law (Kaplan & Frazer)

Public health law and policy in Canada (Ries et al) 3rd ed.

Small claims court practice and procedure in Ontario (Olivo & Gonsalves) Rev. ed.

Terms of coexistence: Indigenous peoples and Canadian law (Grammond)

Understanding bail in Canada (Trotter)

NEW CLE

From LSUC

2nd Annual human rights summit

18th Annual intellectual property law: the year in review

The Annotated will 2014

Civil appeals: the year in review

Forensic science and the criminal law

Real estate practice essentials 2013

The Six-minute commercial leas-ing lawyer 2014

The Six-minute criminal court judge 2014

The Six-Minute administrative lawyer 2014

Title and Off-title searching 2014

RECENT LIBRARY ACQUISITIONS

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MEMBERSHIP DUES

Membership invoices for 2014 have been prepared and mailed. Fees are due April 30. If you

plan to withdrawn from the Associa on, please no fy Maria in wri ng at your earliest conven-

ience.

Advantages of membership in KDLA include:

Access to the Law Library whether or not the librarian is present.

Assistance with your research, including access to interlibrary loans from other other court-

house libraries.

Access to all electronic resources provided by the Law Library. Due to licensing agreements,

only members may use our computers.

Members of KDLA are eligible for desktop access to Quicklaw compliments of LibraryCo.

Ask Maria for more informa on if you have not already taken advantage of this offer.

No fica on of all upcoming CPD events.

No fica on of all upcoming social events sponsored by KDLA.

Preferen al rates for CPD programs and other KDLA events.

All members may be included in the Lawyers Directory on KDLA’s website.

District of Kenora Law Association

YOUR LAW LIBRARY Maria Berezowski

Librarian

PHONE:

807-468-9335

TOLL FREE

1-866-684-1164

E-MAIL:

[email protected]

HOURS

Monday, Tuesday, Thursday

8:00 AM—12:30 PM

Wednesday & Friday

8:00 AM—12:00 noon.

District Court House 216 Water St. Kenora, Ontario P9N 1S4

A VIEW FROM MY WINDOW

This picture was taken at 11:57 AM on March 20, the exact moment when the sun

crossed the equator, and the official beginning of Spring in our part of the world.

It doesn’t look much like Spring in this picture but since then, the patch of open

water has grown and the snow banks have shrunk.