Saskatchewan Practice Checklists

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By Christine Muldoon, Resource Coordinator

Further to my invitation a couple of months ago, thank you to all those who have volunteered to help update the Saskatchewan Practice Checklists. I am grateful to all the members who have been willing to take time out of their busy schedules and provide their expertise.

We are still in need of assistance, especially in the following areas:

  • Corporate and Commercial Law
    • Asset Purchase and Sale Procedure
    • Asset Purchase Agreement Drafting
    • Share Purchase and Sale Procedure
    • Share Purchase Agreement Drafting
    • Incorporation under The Business Corporations Act
    • Shareholders’ Agreement Procedure
    • Shareholders’ Agreement Drafting
  • Criminal Law
    • Practice and Procedure
    • Production and Disclosure
  • Litigation
    • Practice and Procedure
    • Production and Disclosure

If you are interested in revising the Checklists on any of these subjects, please contact me at christine.muldoon@lawsociety.sk.ca.

Thank you in advance for your interest in making the Saskatchewan Practice Checklists as valuable and reliable a resource as they can be.

Alberta and British Columbia Editions of OnPoint Legal’s Take Five Newsletter Are Now on CanLII

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By Sarah Sutherland; reposted with permission from the CanLII Blog.

CanLII is happy to announce that Take Five, a newsletter published by OnPoint Legal Research Corporation, has been added to our commentary section.

The Take Five newsletter is issued in two monthly editions that highlight a selection of cases from the British Columbia Court of Appeal (BC Edition) and the Alberta Court of Appeal (Alberta Edition). An interesting feature in these newsletters is the addition of “Counsel Comments” where counsel involved with the selected decisions can discuss important legal changes, thoughts on appeal prospects, or other ideas on the case. The newsletters also regularly features articles by leading legal professionals discussing current legal topics.

Current issues of both editions are available on CanLII:

You can find case summaries from previous issues of Take Five by OnPoint Law on CanLII Connects.

Legislative Update

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The following regulations were published in The Saskatchewan Gazette, Part II, Vol. 115 No. 19, May 10, 2019:

  • SR 34/2019 The Summary Offences Procedure (Taxation and Trespass) Amendment Regulations, 2019
  • SR 35/2019 The Marriage Amendment Regulations, 2019
  • RS 35/2019 Règlement modificatif de 2019 sur le mariage
  • SR 36/2019 The Potash Production Tax Amendment Regulations, 2019

 

Mental Health and the Law – Let’s Talk About It

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By Jakaeden Frizzell, CPD Program Coordinator

It is no secret that lawyers live stressful lives. Stress is inherent in the job description and it has become part of the landscape. But for a profession built on sharp minds, are lawyers not due for a little TLC? Mental health is a major conversation in the world today because of the importance it holds for a person’s wellbeing. Beyond that, mental health directly affects a lawyer’s practice management and client relations – what great reasons to make it a priority.

I read an opinion article recently that confirmed for me the relevance of this discussion within the practice of law. I am proud to share that the Law Society of Saskatchewan and CBA Saskatchewan have collaborated to offer a skill building seminar for our members titled “Mental Health and the Law: Resilience in a High Paced Profession” on June 4 (Saskatoon) and June 5 (Regina).

Join us for the opportunity to learn from resilience trainers Stan and Nikki Johnson who instruct at the U.S. Army Master Resilience School at Fort Jackson. Attendees will also hear presentations from local practitioners throughout the day. For more information and to register please Click Here.

CPLED Bar Admission Program Award of Distinction

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The Law Society is pleased to honor each of Alyshea Sparks and Curtis Clavelle with the Award of Distinction. Alyshea and Curtis achieved the highest marks of students registered in the 2018-2019 CPLED Bar Admissions Program.

Alyshea Sparks attended the University of Saskatchewan where she earned her three-year Bachelor of Political Studies degree with Distinction in 2017 and her Juris Doctor with Great Distinction in 2018. While in law school, Aly had the opportunity to attend the Hebrew University in Jerusalem, participate in the Deans Forum on Access to Justice, and compete in the Laskin Moot. Aly is articling with the Ministry of Justice and looks forward to continuing her career in the Regina Public Prosecutions office.

Curtis completed his Juris Doctor of Law with Great Distinction at the University of Saskatchewan in 2018, and holds a Bachelor of Commerce with Great Distinction as well.  Over the course of his law school career, Curtis earned numerous awards, including the Goldenberg Prize in Taxation, the W.G. Morrow-R.C. Carter Prize in Indian and Aboriginal Law, and the Brad Berg and Brian Rolfes LGBT Rights Scholarship. In addition to these academic achievements, Curtis served as the President of Usask OUTlaws for two years in law school and volunteered with Pro Bono Students Canada and the Community Legal Assistance Services for Saskatoon Inner City Inc. (CLASSIC) throughout law school. Curtis is articling with Robertson Stromberg Barristers & Solicitors in Saskatoon where he will continue as an associate in general practice with a focus in family law.

Congratulations to Aly, Curtis and all students who completed the 2018-2019 CPLED program!

Bill 163, The Legal Profession Amendment Act, 2018

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On April 2, 2019, Bill 163, The Legal Profession Amendment Act, 2018, passed third reading. The Law Society is excited to move towards a more modern approach to regulation, and Bill 163 helps us do that. The amendments to the Act pursuant to Bill 163 are multifaceted and will positively impact the regulation of the practice of law and delivery of legal services in Saskatchewan.

The amendments enable the Law Society to implement several good governance measures which provide greater flexibility to control our own processes. Flexibility will allow us to respond more effectively and in a more timely fashion in order to ensure that regulation remains relevant to the provision of legal services as it evolves over time. This includes allowing Benchers to establish any committees they consider necessary, and to develop the supporting practices and procedures of those committees. As well, the regulatory processes relating to a member’s professional responsibility have appropriately shifted from the Act into the Rules. The amendments have also granted us the ability to develop Rules relating to our Board composition and our electoral process. Again, this provides the flexibility to ensure that we are effective, efficient and able to consider the adoption of any governance practices that, from time to time, the Benchers may determine will make us more effective, efficient or reflective to ensure the necessary skills or perspectives exist on the Board.

The Benchers will be discussing governance initiatives at our annual retreat in June. Following that, we will be consulting with the membership to receive feedback on ideas generated during that session.

Finally, as we reported in our January 2019 post, Bill 163 , enables the Law Society to implement the recommendations of the Legal Services Task Team. The Task Team released its final report in August, 2018 and included a number of recommendations on how to improve the regulation and provision of legal services in the province. The recommendations include:

  • providing greater clarity to service providers about what legal services are regulated;
  • expanding the list of exceptions to the prohibition against practicing law to recognize existing service providers;
  • providing the Law Society with licensing authority to allow service providers to practice law with a limited license on a case-by-case basis;
  • modernizing the legislation regulating legal services to provide more flexibility for future developments in this area;
  • creating guidelines to help educate the public about legal services; and
  • conducting pilot projects to help develop and test the recommendations.

The Law Society will implement the recommendations on a principled and incremental basis over time, first beginning with consultation and pilot projects to better inform the development of the regulatory framework that will serve the profession and, ultimately, the public interest.

The amended Act will not be proclaimed until we have completed this process and overhauled the Law Society Rules in accordance with the amendments. We expect this to be completed by the end of 2019.

We will update you as matters progress.