Canadian Lawyer

12 A U G U S T 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T REGIONAL WRAP-UP B.C. LAWYER HAS LEAD ON CANINE-ASSISTED MEDIATION C anine-assisted mediation in family dispute resolution has arrived in Can- ada walking on the padded paws of Charlie Paul, a loveable, curly-haired Standard Poodle, whose photo proudly appears on the website of the Paul & Company law firm in Kamloops, B.C. "Because it has never been done before, I'm working hard to follow a plan, follow a method and protocol," says David Paul, as he now translates his master's thesis research on using dogs for dispute resolution into a reality. His master's thesis examines how canines can create a calming effect on couples going through a divorce or common law breakup. It's a timely move as Canada revamps its Divorce Act so mediation precludes court action and brings the federal statute in line with B.C.'s Family Law Act, which stresses mediation before court action. Paul has used Charlie — still puppy-ish — in some initial mediation sessions with positive results. But, this December, when Charlie turns two, he will add credentials to his obedience training, as he enrols in the St. John Ambulance program for therapy dogs, becoming Canada's first full-fledged canine-assisted mediation dog. Paul, whose thesis (available on his website) was published in the Harvard Negotia- tion Law Review in April, says the mediation system works best when the mediator knows the dog. "He may go to one party more than the other," he says. The dog may be sensing something in that person as mediation unfolds that the mediator needs to be attuned to. Medical and mental health facilities have long discovered there is something calm- ing about dogs, and even universities have used visitor dogs to calm students prior to exams. What Paul has done is provide more insight into the why and determine how it can be used to help couples through a stressful period. This calming effect is con- nected to a hormone produced by the body during caring touching called oxytocin. Paul, a former B.C. president of the B.C. chapter of the Canadian Bar Association and a firm partner with 30 years in practice, first discovered oxytocin when he decid- ed to pursue a master's in dispute resolution at York University's Osgoode Hall Law School. "Dispute resolution is now as mainstream as going to court," he says, adding that, with grown-up kids, a supportive family and growing emphasis on mediation, "all the stars were lining up." Paul says that when he had to think about a topic for his paper, he knew he had an interest in reducing the stress inherent in family breakups. "How do we deal with the emotions? How do we deal when emotions escalate?" he asked, since he knew stress can derail negotiations. Paul looked at different options, including educating lawyers to become more emotionally sensitive and equipped to deal with stressed individuals. "What can we do to be more resilient to the fact that they are going through a horrendous time in their lives?" he says. He came across a neurophysiology article entitled Bringing Oxytocin into the Room, which dealt with oxytocin in conflict resolution by Kenneth Cloke, published in January 2009, on Mediate.com. It described how study subjects who were induced with higher levels of oxytocin by inhalation were calmer. Oxytocin can also Indigenous inmates in federal and prov- incial jails within their jurisdictions. Murray Sinclair, senator, lawyer, former judge and former joint head of the Aboriginal Justice Inquiry in Manitoba, is among many in the legal community who are concerned that disproportion- ate number could go up. They fear the new laws will open the door to racial profiling of Indigenous people. In other words, officers could be on a fishing expedition stopping a motorist simply because that motorist is Indigenous. Earlier this year, during Senate hearings into changes in the impaired legislation, Sinclair said that when he was a judge in Manitoba he was stopped while driving an average of twice a year. "But it was interesting," he told the committee, "that none of my colleagues on the bench were ever stopped by police." In Saskatchewan, Tyler McMurchy speaks for the province's insurance arm, Saskatchewan Government Insurance. Under provincial law, SGI administers the Traffic Safety Act. McMurchy says the provincial government has "taken a very tough stance" in upgrading provincial legislation to complement the new federal impaired laws. The Sas- katchewan "government has adopted a zero-tolerance policy for drug-impaired driving." The legislation under the province's Traffic Safety Act will impose immediate administrative penalties including three-day roadside licence suspensions and, in some cases, vehicle seizures. Drivers blowing alcohol ratings as low as .05 will face a similar tempor- ary suspension. Ian Savage, one of Alberta's top impaired-driving defence lawyers, finds the new federal legislation very troub- ling. He is particularly concerned about testing for marijuana concentrations in a motorist's system, since the drug can have a significantly different impact on different users. In an interview with CBC Radio, he argued that "there is no scientific way of demonstrating drug impairment at the time of driving." — GEOFF ELLWAND David Paul with his dog Charlie. Tough new impaired laws raise concerns in the West Continued from page 11

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