Program - New Brunswick Bar Association

MIDWINTER
2015
February 5 - 7
Fredericton, NB
THE LAW: BLACK
& WHITE
OR
SHADES
OF GREY?
422 york St. ● Fredericton, NB ● E3B 3P7
Phone: 506-452-7818 ● Fax: 506-459-7959
E-Mail: admin@cbanb.com ● Website: www.cba.org/nb
Hotel Reservations
Reserve before January 5, 2015 – Please identify yourself as a CBA delegate
Crowne Plaza - Lord Beaverbrook - 659 Queen St, Fredericton, NB
Traditional Rooms $134.00 + tax
Executive Rooms $159.00 + tax
For reservation call: 1-888-233-9527
With thanks ...
2015 MidWinter Committee
Ann Whiteway-Brown, Q.C., President of the organizing committee
Ryan Burgoyne
Dominique Harvey
Erika R. MacDonald
Matthew Pearn
Karen Stilwell
Steven D. Christie
Ryan Johnston
Elizabeth McGrath
Kimberly A. Poffenroth
Elizabeth Strange
Brenda L. Comeau
Natalie LeBlanc
Leanne Murray
Donald Rowan
In appreciation of the participation of PD speakers and chairs, the CBA NB will make a donation to the
Law for the Future Fund.
Social Program
Please indicate your attendance on the registration form.
The Annual MidWinter Meeting is recognized as a great opportunity to network while enjoying a wide variety of
educational, cultural and social activities. Here are just a few of the scheduled events:
Thursday, February 5th, 2015
3:30 pm Sections, Conferences & Forums Meeting
Some sections, conferences and forums will be hosting business meetings. These meetings will provide an opportunity for section members to come together, share ideas and collaborate for the coming year. The particulars will be
made available when details are confirmed.
5:00 pm – 7:00 pm Opening Reception
Attend the Opening Reception in the Ballroom of the Crowne Plaza and take a culinary tour of New Brunswick. Enjoy great pairings featuring some of New Brunswick’s finest delicacies and spirits.
Entertainment by Joel LeBlanc
Sponsored by:
Friday, February 6th, 2015
6:30 pm President’s Reception
Meet with your colleagues over a drink and hors d’oeuvres while enjoying the smooth sounds of saxophonist Steven
Lifsches at the Fredericton Convention Center before proceeding into the Ballroom for the evening’s festivities.
Admission is by ticket.
Sponsored by:
7:30 pm President’s Dinner
Join your host, President Deloras O’Neill, for a special evening at the Fredericton Convention Center. At the Black’n
White Ball, enjoy an exquisite meal prepared by Chef John Slipp and be carried away by the performers from Atlantic Cirque.
Admission is by ticket.
Sponsored by:
9:30 pm Late Night Party
Don’t want the night to end? Then keep it going by attending the Late Night Party at the James Joyce Pub in the
Crowne Plaza. Enjoy fresh and exciting arrangements of jazz standards from Tania Breen and Mike Doherty. Breen
and Doherty will be joined by Brian Mitton on drums and Jason Flores on bass.
Sponsored by:
BUSINESS MEETINGS
Thursday February 5, 2015
9:00 – 3:00 Insurance Management Committee
10:00 – 3:00 CBANB Branch Council Meeting
1:00 – 5:00 Registration Opens
12:00 – 5:00 Law Society of NB Council Meeting
LSNB Office - Avonlea Court
Crowne Plaza - St. John Room
Fredericton Convention Centre
LSNB Office - Avonlea Court
Program at a Glance
Friday February 6, 2015
7:30 - 8:45
Breakfast
Pointe Sainte Anne C & D
Sponsored by: George A. McAllister, Q.C.
9:00 -10:15
Professional Development
Professional Development
(FRENCH) Child Access Arrangements
Guidelines
(FRENCH) The new bill introducing the
Victims Charter of Right
Demystifying the Medical Malpractice
Claim
Judicial Activists vs. Guardians of the
Rule of Law
Is the Party Over? Will & Estate
Planning in Light of the 2014 Budget
Changes
Restructuring Small Businesses: The Big
Picture
(SI) Employment Law – What’s New –
What You Should Know
10:15 -10:30
Health Break
Pointe Sainte Anne Foyer
10:30 -12:00
Professional Development
(SI) View from the Bench in Family Court
3:00 - 3:15
Health Break
Pointe Sainte Anne Foyer
3:15 - 4:30
Professional Development
(FRENCH) Topical issues in Labour
Law: Absenteeism, Mental Illness, and
Pre-Hearing Disclosure
(FRENCH) Registrar’s Rants and Raves
Division of Pensions, Retirement
Packages, and RRSPs following a
Family Separation
Labour and Employment Statutes that
are Adjudicated before the Labour and
Employment Board
The new bill introducing the Victims
Charter of Right
(SI) Enforcing Money Judgments - the
New Legislation
(SI) The Art of Examinations for
Discovery
12:00 -1:30
1:30 - 3:00
Lunch and greetings from the
Honorable Serge Rousselle, Q.C.,
Attorney General, followed by CBA NB’s
Annual General Meeting
Pointe Sainte Anne C & D
Divorce and a Bankruptcy: What Else
Could Go Wrong?
6:30
President’s Reception
Fredericton Convention Centre
Pointe Sainte Anne Foyer
Sponsored by:
7:30
President’s Dinner
Fredericton Convention Centre
Pointe Sainte Anne C & D
Sponsored by:
Sponsored by:
This does NOT qualify
for MCPD credits
Program at a Glance
Saturday February 7, 2015
7:30 - 8:45
Breakfast
Pointe Sainte Anne C & D
Sponsored by: Murray Digdon Donovan
9:00 -10:15
Professional Development
1:30 - 3:00
(FRENCH)
Dealing with challenging behaviors in the
workplace
(FRENCH)
The simplified procedure in 2015 – an
overview; the strengths, weaknesses
and shortcomings of Rule 79
NB’s new Limitation of Actions Act: The
First 1,744 Days
The Right Discount Rate: 2.5% or
Something Different?
Legal Service Pricing
Risk Management Through Good
Mental Health
(SI) PUBLIC FORUM
“No legal principle can avoid every ethical
dilemma”: Medical/Legal Developments in
End of Life Decisions
(SI) Commodity Tax Issues in
Corporate-Commercial Transactions
10:15 -10:30
Health Break
Pointe Sainte Anne Foyer
10:30 -12:00
Professional Development
(FRENCH) The Right to Information
and Protection of Privacy Act and the
Personal Health Information Privacy and
Access Act
The Changing Face of FCNB
Registrar’s Rants and Raves
(SI) Introduction of Exhibits
12:00 -1:30
Lunch
Pointe Sainte Anne C & D
Guest Speaker: Dr. Réjean Thomas
Medical doctor at l’Actuel of which Dr.
Réjean Thomas is the co-founder and
president since 1984, medical advisor at
Centre hospitalier de l’université de Montréal (CHUM), associate doctor at McGill
University AIDS Center and former special
advisor to the Government of Quebec
for international humanitarian action, Dr.
Thomas has also studied in philosophy.
His incredible journey has brought him
from New Brunswick to everywhere
around the world. Founder of Doctors
of the World Canada, Dr. Thomas has
contributed in establishing a humanist approach to medicine in Canada and abroad
through humanitarian missions including
Afghanistan, Zimbabwe, Haiti, Malawi and
Vietnam. He is also editor-in-chief of ViroChannel, an online publisher in virology.
In 2011, Dr. Thomas opened in Montreal
Clinique A, specialized in sexual health.
Sponsored by: York Sunbury Law Society
This does NOT qualify
for MCPD credits
Professional Development
3:00 - 3:15
Health Break
Pointe Sainte Anne Foyer
3:15 - 4:30
Professional Development
(FRENCH) Introduction of Exhibits
The Independence of Expert Witnesses…
Fact? Perception? Myth?
The New Brunswick view of a sea of
change: Perspectives on developments
in Aboriginal law.
(SI) PUBLIC FORUM
“No legal principle can avoid every ethical
dilemma”: Medical/Legal Developments in
End of Life Decisions
Conference Program
EDUCATION SESSIONS
Friday February 6, 2015
9:00 - 10:15
(FRENCH)
Child Access Arrangements
Guidelines
Now that Child and Spousal Support Guidelines have been adopted, is it time to adopt child visitation rights guidelines?
Chair: Michelle Boudreau-Dumas, New Brunswick Legal Aid Services Commission, Campbellton
Speakers: Madam Justice Pepita Capriolo, Superior Court of Quebec, Quebec; Marie Christine Kirouack, Ad.E., President of
the Association des avocats et avocates en droit familial du Québec, Quebec
Demystifying the Medical
Malpractice Claim
A panel of experienced medical malpractice lawyers (representing plaintiffs, hospitals and doctors) will provide their insights
into some of the most controversial and challenging aspects of the medical malpractice claim, including:
• Barriers to entry from the Plaintiff’s perspective and how to deal with them.
• What is unique about the medical malpractice claim?
• Finding, choosing and retaining the correct expert.
• Claims of privilege unique to the medical malpractice claim.
• Standard of Care?
This program has something for everyone and is aimed at both experienced practitioners and those considering their first
medical malpractice claim.
Chair: Steven R. Barnett, Foster & Company, Fredericton
Speakers: David T. Hashey, Q.C., Cox & Palmer, Fredericton; Robert Dysart, Stewart McKelvey, Moncton; Kevin C.Toner, E. J.
Mockler, Professional Corporation, Fredericton
Is the Party Over? Will &
Estate Planning in Light of the
2014 Budget Changes
The changes to the taxation of testamentary trusts and charitable gifts announced in the 2014 Federal Budget pose questions
and challenges for estates, trusts, and tax practitioners. This session will familiarize practitioners with the upcoming changes,
summarize their effect on current estate planning strategies, and analyze to what extent the changes will affect our clients’
planning.
Chair: Karen D. Stilwell, Assistant Professor, University of New Brunswick and Counsel, McInnes Cooper, Fredericton
Speakers: Tanya L. Butler, Stewart McKelvey, Halifax; Matthew Mahoney, Bringloe Feeney LLP, Fredericton
(SI) Employment Law –
What’s New –What You
Should Know
• Wrongful Dismissal. How Summary Judgment is changing the nature of litigation when there is no “just cause”.
• Constructive Dismissal. Update on the status of the law in the context of New Brunswick’s recent Supreme Court of Canada
Hearing.
• Canada Labour Code. Update on recent legislative amendments and how it impacts terminations and litigation.
• Employer References. Can they be anything more than a confirmation of employment and if so what are the limitations.
Chair: Daniel P. Leger, Pink Larkin, Fredericton
Speakers: Brenda L. Comeau, Pink Larkin, Fredericton; Clarence L. Bennett, Stewart McKelvey, Fredericton; Daniel A.
Standing, Province of NB, Fredericton; Daniel P. Leger, Pink Larkin, Fredericton
Health Break
EDUCATION SESSIONS
10:30 - 12:00
(FRENCH) Topical issues in
Labour Law: Absenteeism,
Mental Illness, and Pre-Hearing Disclosure
This session will cover three issues that are becoming customary in collective agreement disputes: absenteeism, mental
illness, and pre-hearing disclosure. This session will be presented by a panel of three, providing insight into how unions,
employers, and arbitrators view their role in navigating these issues.
Chair: Dominique M. Harvey, LL.B. Resolution Law, Fredericton
Speakers: Monique C. Desroches, Canadian Union of Public Employees Maritimes Regional Office, Dieppe; Sacha Morisset,
Stewart McKelvey, Moncton; Michel Doucette, Université de Moncton, Moncton
Division of Pensions, Retirement Packages, and RRSPs
following a Family Separation
We all know that pensions, retirement packages, and RRSPs are marital property, as defined in the Marital Property Act. The
Marital Property Act on application permits the division of marital property in equal shares, but provides no guidance on how
this may be achieved. The division of these assets depends on the type of asset (pension, RRSP, or retirement
package), whether the assets are federally or provincially governed, and in some cases on the employment status and ages
of the parties. There may be division choices available, which can benefit your client and even assist in the payment of legal
costs. There are also rules for pension divisions laid out in pension legislation. You owe it to yourself and to your clients to be
informed of these matters.
Chair: Donald Rowan, Rowan McGrath Lawyers, Fredericton
Speakers: John Belong, Scotiabank, Oromocto; Angela Mazerolle, Financial and Consumer Services Commission, Fredericton
The new bill introducing the
Victims Charter of Right
The Victims Bill of Rights Act is a significant piece of legislation that seeks to create clear statutory rights at the federal level for
victims of crime for the first time in Canada’s history. The legislation would establish statutory rights to information, protection,
participation and restitution, and ensure a complaint process is in place for breaches of these rights.
Chair: Pierre Gionet, Office of the Attorney General, Tracadie-Sheila
Speakers: Judge William McCarroll, Provincial Court of New Brunswick, Saint John; Lucie Mathurin, Office of the Attorney
General, Saint John
(SI) The Art of Examinations
for Discovery
Evidence obtained at an examination for discovery often dictates the success of a party at preliminary motions, mediation,
settlement conference and trial. However, litigators often receive little training on this important skill set. This program is aimed
at any litigator looking to maximize their effectiveness at discovery. The panel of speakers will provide both a general overview
of discoveries as well as insights into preparing and implementing an effective examination. An absolute can’t miss for any
litigator.
Chair: Bruce D. Grant, Canty Lutz Delaquis Grant, Saint John
Speakers: Jade A. Spalding, Cox & Palmer, Fredericton; Michael D. Brenton, Brenton Kean, Saint John; Doug Evans, Q.C.,
Cox & Palmer, Saint John
Conference Program
EDUCATION SESSIONS
Friday February 6, 2015
1:30 - 3:00
(FRENCH) The new bill
introducing the Victims Charter of Right
The Victims Bill of Rights Act is a significant piece of legislation that seeks to create clear statutory rights at the federal level for
victims of crime for the first time in Canada’s history. The legislation would establish statutory rights to information, protection,
participation and restitution, and ensure a complaint process is in place for breaches of these rights.
Chair: Pierre Gionet, Office of the Attorney General, Tracadie-Sheila
Speakers: Judge Dugas-Horsman, Provincial Court of New Brunswick, Moncton; Annie St-Jacques, Office of the Attorney
General, Moncton; Lisanne Maurice, Legal Aid Services Commission, Moncton
Judicial Activists vs. Guardians of the Rule of Law
Recent Supreme Court of Canada decisions have led some politicians and legal commentators to suggest that the court is
encroaching on the right of elected legislators to legislate. The panellists will examine recent judgments from the Supreme
Court of Canada such as Canada (Attorney General) v. PHS Community Services Society, Reference re Supreme Court Act,
ss. 5 and 6 and Canada (Attorney General) v. Bedford and discuss whether these are cases of judicial activism or of the court
exercising its proper role as the guardian of the rule of law, ensuring that legislators do not put themselves above the law.
Chair: Kimberly A. Poffenroth, Office of the Attorney General, Fredericton
Speakers: Justice Joseph T. Robertson, Court of Appeal of New Brunswick; Howard Kislowicz, University of New Brunswick,
Fredericton; John P. McEvoy, University of New Brunswick, Fredericton
Restructuring Small
Businesses: The Big Picture
Real time advice from counsel to various stakeholders and the trustee.
Chair: Natalie H. LeBlanc, Registrar in Bankruptcy, Province of New Brunswick, Fredericton
Speakers: Robert Creamer, Q.C., Lawson Creamer, Saint John; Joshua J.B. McElman, Cox and Palmer, Saint John; Rob
Powell, Powell Associates, Saint John
(SI) View from the Bench in
Family Court
This panel of Justices will provide their “Views from the Bench” discussing and identifying consistent practises that create
challenges for the Bench. The session will conclude with a question/answer period.
Chair: Sheila J. Cameron, Actus Law, Moncton
Speakers: Justice Tracey K. DeWare, Court of Queen’s Bench of New Brunswick, Woodstock; Justice Ann D. Wooder, Court
of Queen’s Bench of New Brunswick, Fredericton; Justice Judy L. Clendening, Court of Queen’s Bench of New Brunswick,
Fredericton
Health Break
EDUCATION SESSIONS
3:15 - 4:30
(FRENCH) Registrar’s
Rants and Raves
Back by popular demand, this presentation will outline common problems which Service New Brunswick has identified with
documents being filed under the Land Titles system and provide suggestions on how practitioners can avoid having documents
rejected.
Chair: Kezia R. Williamson, Kezia Law, Moncton
Speaker: Serge Gauvin, Service New Brunswick, Fredericton
Divorce and a Bankruptcy:
What Else Could Go Wrong?
• Real-Life scenarios involving family law situations and bankruptcy
• Advice points from the perspective of a bankruptcy trustee, a family law practitioner, and from the former registrar of the
Bankruptcy Court of New Brunswick
Chair: Erika R. MacDonald, Foster & Company, Fredericton
Speakers: Michael J. Bray, Q.C., Foster & Company, Fredericton; Laurence J. Crandall, Grant Thornton, Saint John; Elizabeth
McGrath, Rowan McGrath Lawyers, Fredericton
Labour and Employment
Statutes that are Adjudicated
before the Labour and Employment Board
This session will cover the statutes that are adjudicated before the Labour and Employment Board, including: the Human
Rights Act, the Employment Standards Act, and the Industrial Relations Act. Senior and experienced counsel will focus on the
role unions and employers play in adjudicating these statutes, and the Chair of the Labour and Employment Board will provide
insight into how the Board views its own role.
Chair: Ryan Johnston, University of New Brunswick, Fredericton
Speakers: Joël Michaud, Pink Larkin, Fredericton; Richard Petrie, Stewart McKelvey, Fredericton; George P. L. Filliter,
Fredericton
(SI) Enforcing Money Judgments - the New Legislation
This session will examine the new Enforcement of Money Judgments Act, which was passed last year and is expected to be
proclaimed in 2015. The Act is a complete overhaul of New Brunswick’s judgment enforcement law, and has many new
features that practitioners should be aware of.
Chair: Edwin (Ted) G. Ehrhardt, Q.C., Bingham Law, Moncton
Speakers: Prof. Micheline Gleixner, Université de Moncton, Moncton; Tim P. B. Rattenbury, Office of the Attorney General,
Fredericton
Conference Program
EDUCATION SESSIONS
Saturday February 7, 2015
9:00 - 10:15
(FRENCH)
The simplified procedure
in 2015 – an overview; the
strengths, weaknesses and
shortcomings of Rule 79
The simplified procedure was introduced in New Brunswick to the great dismay of the Bar, which saw it as deficient and a
danger to its members. All in all, it has turned out to be a procedure that meets the objectives of the principle of the liberal
construction of our Code of Civil Procedure. It’s time to take stock: Has it satisfied the original objectives and should it be
improved?
Chair: TBC
Speaker: Basile Chiasson, Q.C., Chiasson & Roy, Bathurst
The Right Discount Rate:
2.5% or Something Different?
As of October 1, 2014, Rule 54.10(2) of the New Brunswick Rules of Court has changed. The previous prescribed net
discount rate of 2.5% has become the default rate rather than the required rate and parties are now permitted to lead
evidence to establish a different discount rate.
In today’s economic environment, it may be argued that a discount rate lower than the default rate should be used. What
might this mean for your client? What are the considerations? What are the practices and precedents in other Canadian
jurisdictions? In New Brunswick?
Chair: David G. O’Brien, Q.C., Cox & Palmer, Saint John
Speaker: Kelley McKeating, FSA, FCIA, Dilkes, Jeffery & Associates and Chair of the Committee on Actuarial Evidence of the
Canadian Institute of Actuaries, London, Ontario
Risk Management Through
Good Mental Health
This session speaks to the various elements of mental health conditions as it applies from a personal perspective, as well
as from an advocates position in dealing with clients, through the understanding of Behavioral Issues, Personality Type and
Paradigm shift in recognizing such conditions. You will also gain a better understanding of what resources are available to
you, in either circumstance.
Chair: Katherine Toner, Foster & Company, Fredericton
Speaker: David Penney, Homewood Health, NS
This session
does NOT qualify
for MCPD credits
(SI) Commodity Tax Issues
in Corporate-Commercial
Transactions
This session will discuss a selection of commodity tax issues in corporate and commercial transactions in which HST and
other commodity tax rules apply and provide insights into how practitioners can address them and avoid being caught with a
big CRA problem.
Chair: Karen D. Stilwell, Assistant Professor, University of New Brunswick and Counsel, McInnes Cooper, Fredericton
Speaker: Henry Visser, McInnes Cooper, Halifax
Health Break
EDUCATION SESSIONS
10:30 - 12:00
(FRENCH)
The Right to Information and
Protection of Privacy Act and
the Personal Health Information Privacy and Access Act :
Practical advice for practitioners
The presentation will focus on practical advice for lawyers when representing clients dealing with the Right to Information and
Protection of Privacy Act and the Personal Health Information Privacy and Access Act. The session will highlight the following
aspects:
• Applicant’s right to access information: Does the right vary if there is anticipated or ongoing litigation?
• Solicitor-client privilege: Are all communications with legal counsel subject to the privilege?
• Privacy breaches: When do they occur? How do I advise my client in a privacy breach case?
Chair: Thomas Raffy, McInnes Cooper, Moncton
Speaker: Anne E. Bertrand Q.C., Office of the Access to Information and Privacy Commissioner, Fredericton
The Changing Face of The
Financial and Consumer
Services Commission
The Financial and Consumer Services Commission was established on July 1,2013. This presentation will focus on some of
the lesser known acts that are administered by the Commission as well as strides the Commission is taking to prevent financial abuse of seniors. The presentation will also provide a brief overview of things we are working on and new legislation the
Commission will administer that lawyers can expect to hear about in 2015 including an Introduction and overview of the soon
to be newly enacted Payday Loan Act and soon to be newly enacted Mortgage Brokers Act.
Chair: Erin Hardy, Stewart McKelvey, Fredericton
Speakers: Christine Bernard, Financial and Consumer Services Commission, Saint John; Ella Jane Loomis, Financial and
Consumer Services Commission, Saint John; Veronique Long, Financial and Consumer Services Commission, Saint John;
Deborah Gillis, Financial and Consumer Services Commission, Saint John
Registrar’s Rants and Raves
Back by popular demand, this presentation will outline common problems which Service New Brunswick has identified with
documents being filed under the Land Titles system and provide suggestions on how practitioners can avoid having
documents rejected.
Chair: Steven D. Christie, McInnes Cooper, Fredericton
Speaker: Patrick V. Windle, Service New Brunswick, Fredericton
(SI) Introduction of Exhibits
The introduction of exhibits at trial has been described as “sloppy and inconsistent”. Learn the procedural steps and the
criteria for the introduction of an exhibit into evidence through a witness. The process for the introduction of documents,
diagrams, photos, enlargements, and objects will be described and discussed.
Chair: Matthew Pearn, Foster & Company, Fredericton
Speaker: James E. Lockyer, Q.C., Université de Moncton, Moncton
Conference Program
EDUCATION SESSIONS
(FRENCH)
Dealing with challenging behaviors in the workplace
This session
does NOT qualify
for MCPD credits
Saturday February 7, 2015
1:30 - 3:00
During the course of a workday, we may come across people or situations that cause anxiety, frustration or anger. This
session will examine strategies that will help managers effectively and constructively tackle difficult situations with their
employees.
Chair: Katherine Toner, Foster & Company, Fredericton
Speaker: TBC
NB’s new Limitation of Actions
Act: The First 1,744 Days
This session addresses how the new Act has been interpreted and applied by the New Brunswick courts. Our Act drew on
recent Acts in Alberta, Ontario and Saskatchewan. The session will also address important appellate decisions from those
jurisdictions that may assist in the interpretation of our Act.
Chair: David G. O’Brien, Q.C., Cox & Palmer, Saint John
Speaker: Richard Scott, Q.C., McInnes Cooper, Fredericton
Legal Service Pricing
Historically, in-house counsel had little influence or control over the pricing of legal services – the market was entirely supply
and cost driven. However, times have changed. The best in-house counsel are now expected to be knowledgeable about, and
indeed to be active participants in, the process determining the legal fees that they pay. This session will focus on progress
and innovation in legal pricing, including how different law firms go about it, strategic implications for them and for you, new
pricing and payment options, improvements in pricing transparency and support data, alternative fee options to promote
greater predictability and risk sharing, and the pros and cons of available technology solutions in the area.
Chair: Sirpal Randhawa, Day & Ross Inc., Hartland
Speaker: Tyler J. Langdon, Cognition LLP (in association), Atlantic Canada
(SI)
PUBLIC FORUM
“No legal principle can avoid
every ethical dilemma”: Medical/Legal Developments in
End of Life Decisions
End of life decisions are once again on the public policy agenda as a result of recent court cases, Quebec’s proposed
legislation and on-going scholarship. An expert panel of lawyers and doctors will discuss the legal and ethical issues
associated with critical care and end of life decisions. The challenges for patients and their families as well as health providers
and the health care system will be examined. Council members will hear the Panel’s insights into how the courts address
these difficult issues including who has the right to decide when treatment should be withheld or withdrawn and the ethical
issues around assisted suicide.
Chair: Danie Roy, Actus Law, Moncton
Speakers: Hugh R. Scher, Scher Law, Toronto; Jocelyn Downie, Dalhousie University, Halifax; Dr. Angela Genge, Director
Clinical Research Unit, Montreal
Health Break
EDUCATION SESSIONS
3:15 - 4:30
(FRENCH) Introduction of
Exhibits
The introduction of exhibits at trial has been described as “sloppy and inconsistent”. Learn the procedural steps and the
criteria for the introduction of an exhibit into evidence through a witness. The process for the introduction of documents,
diagrams, photos, enlargements, and objects will be described and discussed.
Chair: Dominique M. Harvey, LL.B. Resolution Law, Fredericton
Speaker: James E. Lockyer, Q.C., Université de Moncton, Moncton
The Independence of Expert
Witnesses. Fact? Perception?
Myth?
The independence of expert witnesses is often assumed as a matter of course. Yet, what does independence really mean?
Any, why does debate continues as to whether (i) independence of an expert witness means independence in fact or
independence in both fact & appearance, and (ii) whether independence, however defined, is a pre-requisite to the
admissibility of expert evidence or simply a matter of the weight to be afforded to the evidence of an expert witness.
This session will explore the issues in greater detail, and will include commentary arising from an October 2014 case before
the Supreme Court of Canada.
Chair: David G. O’Brien, Q.C., Cox & Palmer, Saint John
Speaker: Jack Blackier, Cox & Palmer, Saint John
The New Brunswick view of a
sea of change: Perspectives
on developments in Aboriginal
law.
Aboriginal law has grown exponentially in recent years, with significant impact on the business, social, cultural, and political
life in all of Canada. Dominant issues have related to the Supreme Court’s affirmation and clarification of the Crown’s duty
to consult First Nations where an activity is contemplated, such as a resource development, that may impact Aboriginal or
Treaty rights. Even more recently, the Supreme Court of Canada has turned its view to issues of Aboriginal title claims to land
(Tsilhqot’in Nation v. B.C.¸ 2014 SCC 44; released June 26, 2014) and to the intersection of Provincial and Federal
authorization to “take up” land and the tension between such “taking up” of land and the limiting of Treaty rights thereon
(Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48; released July 11, 2014). In this rapidly changing
environment, lawyers in New Brunswick are being called upon to assist in legal disputes, negotiations, and to counsel
governments. Though there has been no shortage of commentary and opinion on recent developments across Canada, this
panel will bring together New Brunswick practitioners from First Nation, industry, and Crown representation, to give a uniquely
New Brunswick assessment of these developments and both the potential implications, and opportunities, here.
Chair: Michael J. Connors, McInnes Cooper, Fredericton
Speakers: Jeffery J. Callaghan, McInnes Cooper, Fredericton; William E. Gould, Province of New Brunswick, Fredericton;
Thomas J. Burke, Q.C., Theriault Burke Law, Fredericton
(SI)
PUBLIC FORUM
“No legal principle can avoid
every ethical dilemma”: Medical/Legal Developments in
End of Life Decisions
Continued...
Sponsors
York-Sunbury Law Society
GEORGE A. MCALLISTER Q.C.
Barbara Hughes Campbell