The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50819
regional wrap-up AtLANtIC STEWART MCKELVEY STANDING ON GUARD FOR ONE OF ITS OWN S tewart McKelvey's efforts to stand on guard for one of its partners has earned the largest law firm in Atlantic Canada a 10-gun salute from the Canadian Forces Liaison Council. The certificate of recognition, awarded for the firm's support of David Henley, who had been deployed to Afghanistan for nearly a year, is given to employers for being exceptionally supportive in grant- ing leave for training and deployment. "[Henley] has maintained a very significant relationship with the army reserves ever since he's been with us. There was no doubt we were going to support him [going to Afghanistan]," says Richard Southcott, the firm's region- al managing partner in Nova Scotia. "We want to support our lawyers. As a firm, we also want to be a contributing member of our community." For Henley, who has spent more than vour has met with enormous support." That support, notes Henley, includ- ed ongoing efforts to stay in personal contact while he was away from the office for 12 months, much of the time in Afghanistan serving as an artillery officer. The experience, he says, "is like moving to Mars. It's a completely differ- ent environment." "As a Maritime lawyer," says the a col- David Henley, left; Rick Southcott, Stewart McKelvey's regional managing partner in Halifax, centre; and McInnes Cooper partner George Cooper presenting the award. 100 days a year working for the army reserves, that year-long contribution was significant. "My colleagues had to take on my workload," he says. Southcott was one of those lawyers but says the extra work was no burden. "We were happy to do that. [His] endea- onel with the Canadian Armed Forces Reserves, "I didn't see much water." This is likely the University of New Brunswick graduate's last tour of duty in Afghanistan. While his firm was eas- ily persuaded that the leave of absence was a good thing for Henley, the firm, and the country, his life partner was not such an easy sell. "I spent a lot more time convincing my wife." — DONALEE MOULTON donalee@quantumcommunications.ca Fitness-to-practice process getting green light pass in the next sitting of the legislature, will pave the way for the Nova Scotia Barristers' Society to introduce a fitness- to-practice regime. "This will allow us to work with lawyers with health issues," including addictions and mental health problems, says NSBS executive director Darrel Pink. "The public will still be protected." Currently, the Legal Profession Act, last amended five years L ago, sets out a process for investigating complaints, but this process only deals with issues of professional misconduct. The new legislation will enable the society to divert members from the complaint investigation process to a rehabilitation process. Under the proposal, a fitness-to-practice committee would be established and would include health professionals and members of the legal profession who would oversee the com- plaint process — which includes an element of rehabilitation. awyers in Nova Scotia are about to get a supporting pat on the back instead of a regulated slap on the wrist. Amendments to the Legal Profession Act, expected to Members must first consent to being part of the process, designed to help them return to practice as well as address the complaint. In addition to remediation, another big differ- ence between the discipline process and the fitness-to-practice stream is visibility. The discipline process calls for an open pub- lic hearing. That would not take place under fitness to practice. The new act will also let the NSBS eliminate some positions from its council. Last year, says Pink, a task force looked at the council's size and recommended it be reduced to 21 positions from 35. "Many law societies are reducing the size of their councils. The goal is to make the governance more effective." Finally the amended act will create a number of statutory privileges consistent with what government has done for other regulated bodies. For example, the new legislation will make investigative reports privileged, which would mean that Pink could not be subpoenaed to speak about a disciplinary action. These amendments, says Pink, "don't allow the regulatory system to be used for civil suits." — DM www. C ANADIAN Law ye rmag.com JU L Y 2010 7 REBECCA CLARKE