Canadian Lawyer

September 2019

The most widely read magazine for Canadian lawyers

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www.canadianlawyermag.com 3 EDITOR'S DESK UPFRONT ISSUE 43.08 www.canadianlawyermag.com Canadian Lawyer is published 10 times a year by HAB Press. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement #41261516 ISSN 0703-2129 ©2019 GST/HST Registration #703184911RT001 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÉTRE LIVREÉ AU CANADA AU SERVICE DES PUBLICATIONS 20 Duncan St., 3rd Floor, Toronto, ON, M5H 3G8 HAB Press 20 Duncan St., 3rd Floor Toronto, Ontario M5H 3G8 tel: +1 416 644 8740 www.keymedia.com EDITORIAL Editor-in-Chief Tim Wilbur Senior Editor Elizabeth Raymer Associate Editor Aidan Macnab Copy Editor Patricia Cancilla Writers Anita Balakrishnan, Libby Macdonald CONTRIBUTORS Neill May, Ted Flett, Philip Slayton ART & PRODUCTION Designers Marla Morelos, Joenel Salvador Lead, Media Production Coordinator Catherine Giles Global Production Manager Alicia Chin SALES & BUSINESS DEVELOPMENT Head of Sales-HAB Press Paul Burton Consultant, Strategy and Business Development Ivan Ivanovitch Account Executive Steffanie Munroe Senior Advertising Consultant Ritu Harjai CORPORATE President Tim Duce Events and Conference Manager Chris Davis Chief Information Officer Colin Chan Human Resources Manager Julia Bookallil Global CEO Mike Shipley Global COO George Walmsley EDITORIAL INQUIRIES tim.wilbur@habpress.ca CIRCULATION/ADDRESS CHANGES/ SUBSCRIPTION INQUIRIES Keith Fulford tel: 416 649-9585 • fax: 416 649-7870 keith.fulford@habpress.ca ADVERTISING INQUIRIES steffanie.munroe@habpress.ca "What does it mean to be accountable? These are questions that not just Indigenous people but all people should be asking." O n the cover this month we featured Val Napoleon, who teaches law at the University of Victoria. Last year, UVic welcomed its first cohort of students into its joint degree program in Canadian common law and Indigenous legal orders. While this is not the first law school in Canada to offer a joint degree in two legal systems — the program was modelled on McGill University's program of teaching civil and common law together— UVic's is unique in the world. As Napoleon told us (p. 30), inquiries have come from around the world about how the joint degree program works. In fact, she has travelled as far as New Zealand to talk about what it means to teach Indigenous law. "There needs to be lots of conversation around what law is," Napoleon says. "What makes law law? How does it work? What are the standards of legitimacy? What does it mean to be accountable? These are questions that not just Indigenous people but all people should be asking." Indeed, as we see in our Firm Insight feature (p. 44), another lawyer in British Columbia, this time in private practice, offered his insights about the evolving duty consult in the courts. "The law is still trying to figure out what is workable, what is reasonable. At what point does it make sense for the government to step in and consult?" Arend Hoekstra at Cassels Brock & Blackwell LLP told us. To echo what Napoleon said, these are questions that businesses, and not just Indigenous people, should be asking. It is an increasingly vital question for scholars such as Napoleon as well as the resource companies that Hoekstra advises. UVic's new program will no doubt improve how future lawyers, both Indigenous and non-Indigenous, will navigate these issues. As Napoleon told us, "As people can see Indigenous law as law, as having account- ability, structure, institutions — if you think about all the ways Canadian law is part of your life, your identity as a Canadian, your work life, your ability to navigate in the world . . . all of that is why Indigenous people want to rebuild their law and to figure out how that then relates to Canada." Tim Wilbur, Editor-in-Chief New standards of legitimacy

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