Law Society of Saskatchewan

Long-Standing Membership

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We are pleased to acknowledge the following members for their 50-year anniversary of membership with the Law Society of Saskatchewan:

Charles Keith Taylor, Q.C.
Edward Robert Stromberg, Q.C.
Robert Louis Joseph Stevenson
Kenneth Andrew Stevenson, Q.C.
Ronald Earl Shirkey, Q.C.
Cecil Mervin Ozirny
Grant Howard Nerbas
Thomas Bruce Morgan
David George MacKay
Robert Lorne Jamieson, Q.C.
Elwood Rand Burlingham, Q.C.
Mervin William Nidesh, Q.C.

The Law Society wishes to congratulate each of these members on reaching this significant milestone.

Pride Month – There’s always learning to be done

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By Jakaeden Frizzell, CPD Program Coordinator

If you haven’t heard, June is Pride Month! What a great opportunity for us to reflect on the LGBTQ+ community and barriers they may face accessing justice. As a law profession, it is important that we continue improving our understanding and our inclusiveness, so we represent all peoples to the best of our ability. Luckily, the Law Society of Saskatchewan has taken initiative and has a resource available for you: Diversity and Inclusion: Working with LGBTQ+ Clients (CPD 228). Check out this free webinar with Jacq Brasseur (UR Pride) and Barton Soroka (Merchant Law) for an introduction to terminology and considerations when working with LGBTQ+ clients.

Nathan Phillips – Reinstatement and Practice Conditions

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Following a review hearing in relation to the of the interim suspension of Nathan Phillips, the Review Committee made the following orders pursuant to section 45(4) and 45(5) of the Legal Profession Act:

  1. The interim suspension of the Member shall not continue only as result of the availability of appropriate practice conditions; and
  2. The Member shall be forthwith subject to the following practice conditions available here.

Nathan Phillips has resumed practice, effective June 11, 2019, pursuant to these practice conditions.

Resignation in the Face of Continued Proceedings

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The Conduct Investigation Committee has released a decision in relation to an Application by Wayne Webb to resign instead of continued proceedings pursuant to Law Society Rule 400.1.

New Journal Issues – May 2019

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By Sara Stanley, library technician

The Criminal Law Quarterly

Volume 66, Number 4 (April 2019)

Editorial: The SNC Lavalin Controversy:  The Shawcross Principle and Prosecutorial Independence

Criminal Appeals in the Supreme Court of Canada

Antic: First Principles and Beyond / Mangesh Duggal

“Reasonable Steps”: Amending Section 273.2 to Reflect the Jurisprudence / Lucinda Vandervort

Judges’ Knowledge and Beliefs Concerning the Science Behind Eyewitness Fallibility / Louise Bond-Fraser, Kyle Ferris, and Ian Fraser

Freedom To, Or Freedom From? Arbitrary Protection in the Age of Consent / David Gill

Weighing Evidence in Criminal Trials—Computer Assisted Decision Making / Gerald T.G. Seniuk

The Pre-Enquete- A “Case to Meet” / Cornelia Mazgarean and Nick Kaschuk

CIAJ Roundtable on Delays in Criminal Trials: Professionalism and a “Culture of Complacency” / Christine Mainville

Culture Change: Fair and Efficient Criminal Trials Post R. v. Jordan / Faisal Mirza

Banking and Finance Law Review

Volume 34, Number 2 (April 2, 2019)

The Liability of Public Company Auditors in Canada after Livent / Peter Howard and Aaron Kreaden

The Transformation Effect of AI on the Banking Industry / Mirka Snyder Caron

The Great FinTech Disruption: InsurTech / Angelica Wilamowicz

Blockchain Technology: What Is It Good For? / Dr. Saifedean Ammous

SCC Paves the Way for National Securities Regulator, but What Will It Look Like? / Alan Monk, Jake Schroeder, and Katie Gordon

Recent Developments in Canadian Bankruptcy and Insolvency Law / Jennifer Sokal

Payment by Digital Token / Bradley Crawford

Concordia Decision Expands Potential Scope of CBCA Plans of Arrangement / Kevin J. Zych, Sean Zweig, and Preet K. Bell

Scurrying About: Recent Examples of Courts Granting Relief with Respect to Bankruptcy Proceedings Commenced in Other Provinces / Trevor Courtis

  1. v. Dhanani: Vancouver Court Hands Down Three-year Sentence for Securities Regulatory Offences / Brigeeta C. Richdale, Jessica L. Lewis, and Rebecca Sim.

The Trouble with Deemed Trusts: Callidus Capital v. Canada / Gunnar Benediktsson

The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps (Book Review) / Rebecca Parry

Systemic Risk, Institutional Design, and the Regulation of Financial Markets (Book Review) / Christian Chamorro-Courtland

From Wall Street to Bay Street: The Origins and Evolution of American and Canadian Finance (Book Review) / C. Ian Kyer

Finance and Philosophy: Why We’re Always Surprised (Book Review) / Thomas H. Stanton

The Advocates’ Quarterly

Volume 49, Number 4 (April 2019)

Supreme Court of Canada 2018 Year in Review / Eugene Meehan, Marie-France Major, Thomas Slade, and Cory Giordano

Toward a Canadian Originalism / Asher Honickman

Disputes over Human Remains / Kimberly Whaley

Should the Protection of the Justified Expectations of the Parties Become an Exception to or a Major Consideration when Applying the Principle of Proximity in Litigation Involving Conflict of Laws Issues? / J-G. Castel

Tagg Industries v. Rieder: Is Storing Pornography on a Work-Issued Laptop Cause for Dismissal? / Paul Willetts

Manitoba Law Journal

Volume 41, Number 2 (2018)

Special Issue: Indigenous Jurist and Policy-makers from Manitoba: A Collections of Oral Histories / Bryan Schwartz et al.

Canadian Tax Journal

Volume 67, Number 1 (April 2019)

Non-Residents and Capital Gains Tax in Australia / Richard Krever and Kerrie Sadiq

Editor’s Introduction- Reform of Corporate Taxation / Kevin Milligan

International Effects of the 2017 US tax Reform- A View from the Front Line / Peter Harris, Michael Keen, and Li Liu

Is Accelerated Tax Depreciation Good or Misguided Tax Policy? / Philip Bazel and Jack Mintz

Business Tax Reform in the United States and Canada / Ken McKenzie and Michael Smart

Finances of the Nation: Survey of Provincial and Territorial Budgets, 2018-19 / Vivien Morgan

Current Cases: (FCA) Canada v. 594710 British Columbia Ltd.; (TCC) Cameco Corporation v. The Queen / Ryan L. Morris, Adam Gotfried, and Yongchong Mao

Transfer Pricing and Transactions Between Foreign Entities / Byron Beswick

Income-Splitting Update /L’évolution du fractionnement du revenu / Sean Grant-Young and Katie Rogers

Current Tax Reading / Alan Macnaughton and Jinyan Li

Saskatchewan Law Review

Volume 82, Number 1 (2019)

Protecting the “Castle”: The Saskatchewan Home Exemption / Ronald C.C. Cuming

Living Exemptions in The Land of the Living Skies: Indexing Exempt Values Under The Enforcement of Money Judgments Act / Thomas Laval Fransoo

Collateral Immigration Consequences in Sentencing: a Six-Year Review / Sasha Baglay

Proportionate Justice: An Examination of Fetal Alcohol Spectrum Disorders and the Principles of Sentencing in Saskatchewan / Zoe Johansen-Hill

An Investigation into Complaints Under Saskatoon’s Election Financing Bylaw- A Case Study / John C. Courtney and Neil Robertson

The Advocate

Volume 77, Part 3 (May 2019)

On the Front Cover: Donald Silversides, Q.C. / Sam MacLean

At the Intersection: A Conversation with Three Lawyers About Legal Practice, Purpose and Their Pursuit of Passion / Tina Parbhakar, Wei William Tao, and Linda Guang Yang

Komagata Maru: “A Grand Scene on a Blue Stage”- Part I / Ludmila B. Herbst

The Importance of Welcoming in Indigenous Culture / kwes’kwestin (Jim Kew)

Contracting Out of the Bhadauria Exclusive Jurisdiction Doctrine: Lewis v. WestJet Airline Ltd. / Kenneth Wm. Thornicroft

Queen’s Law Journal

Volume 44, Number 2 (Spring 2019)

Introduction / Lisa M. Kelly

Why De Minimis Should Not Be a Defence / Steve Coughlan

Sentencing for Sexual Offences Against Children and Youth: Mandatory Minimums. Proportionality and Unintended Consequences / Janine Benedet

Myth, Inference and Evidence in Sexual Assault Trials / Lisa Dufraimont

Entrapment Minimalism: Shedding the “No Reasonable Suspicion or Bona Fide Inquiry” Test / Steven Penney

Two Views of the Cathedral: Civilian Approaches, Reasonable Expectations, and the Puzzle of Good Faith’s Past and Future / Nicholas Reynolds

Commonwealth Law Bulletin

Volume 44, Number 1 (March 2018)

Eviction Process in Nigeria: The Need for Meaningful Engagement / Aisosa Isokpan and Ebenezer Durojaye

Error and Exaggeration in the Presentation of the Significance of a DNA Match in Criminal Trials in Malaysia / Mohd Munzil Muhamad

‘Indirect Amendment’: How the Federal Department of Justice Unilaterally Alters the Text of the Constitution of Canada / James William John Bowden

CARICOM, the CSME, and Absolute Sovereignty: Lessons Learnt on the Road Towards Regional Integration / Alicia Elias-Roberts and Rocky R. Hanoman

Prisons’ Condition and Treatment of Prisoners in Nigeria: Towards Genuine Reformation of Prisoners’ Rights? / Ibrahim Danjuma, Rohaida Nordin, and Mohd Munzil Muhamad

Postal Rule in Acceptance Via Email / Rosmawani Che Hashim

Dintwe v the Directorate of Public Service Management and Others: When the Court Suppresses Freedom of Expression / Letshwiti Batlhalefi Tutwane

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.