Canadian Lawyer

w w w . c a n a d i a n l a w y e r m a g . c o m S E P T E M B E R 2 0 1 8 7 N O VA S C O T I A INDIGENOUS COURT OPENS N ova Scotia has established what is believed to be Canada's first Indig- enous court. In addition to the bail and sentencing hearings held in Gladue courts across the country, Nova Scotia's newest courthouse in the Wag- matcook First Nation will hold arraignment hearings and criminal trials as well as a healing to wellness court. The immediate impetus for establishment of the court was the planned closure of a courtroom in Baddeck on Cape Breton Island. The closure would require members of the Wagmatcook First Nation to travel an hour to Sydney. Special arrangements were made at the behest of the First Nations elders to allow cases to be heard in Port Hawkesbury, a slightly nearer community. Still, says Provincial Court Judge Laurie Halfpenny MacQuarrie, who presides over the Indigenous court, "I was issuing war- rants after warrants for non-appearance of Indigenous people." The problem: Defendants did not have transportation to and from the court, she notes. "I wanted people to be able to be tried in their community." The Indigenous court addresses that concern. It also responds to concerns and recommendations brought forward by the Royal Commission on the Donald Marshall, Jr., Prosecution, which called for more Provincial Court sittings on Nova Scotia reserves, and the federal Truth and Reconciliation Commission of Canada, whose report "made it painfully clear that the justice system in Canada is not work- ing as it should for Indigenous people, especially children," Nova Scotia Chief Jus- tice Michael MacDonald said at the official opening of the court. "The consultation and collaboration with First Nations leaders to develop this new court is unprec- edented in this province, and will go a long way to ensuring Indigenous restorative justice traditions and customs are incorporated at every stage of the court process." Gladue courts serve Indigenous people and consider the broader issues they face. Nova Scotia's new court builds on this both in content and location. The court, which also serves the We'koqma'q First Nation and residents of Victoria County, sits every Wednesday and provides specific services on that day. In addition, the courthouse, held in a building renovated for this purpose by the Wagmatcook First Nation, includes offices for the public prosecutor, Nova Scotia Legal Aid and legal counsel to meet with clients. There is also a dedicated room for Mi'kmaw court workers. Halfpenny MacQuarrie, who has received requests for information on the court from across the country, says the establishment of the first Indigenous trial court is "a natural progression." — donalee Moulton A T L A N T I C COX & PALMER APPOINTS NEW CEO T here is a new face at the helm of Cox & Palmer, one of the largest law firms in Atlantic Canada. George Cooper, the firm's former managing partner for New Brunswick, has been appointed chief executive officer. Equity, diversity and inclusion will be priori- ties for the regional law firm, he told Canadian Lawyer. "These were boiling pot issues when I was in law school. It was believed they would be resolved by the time I was called to the bar. Twenty-eight years later, we are still struggling to be where we should have been in 1995." Having a law firm that is diverse, inclusive and equitable is a lofty goal, but it's one Cox & Palmer has set for itself, says Cooper. "There is no reason an Atlantic Canada firm couldn't be a leader, and we intend to be." Today, the firm, which has approximately 200 lawyers, is part of the fabric of the region's legal community with offices in all four Atlan- tic provinces. These are varied markets, notes Cooper. "They are different in the types of legal problems and the expectations of clients." Still, he says, "We view the Atlantic Canada market as a single market." That said, the firm's growth extends beyond these boundaries; indeed, it depends on it, says Cooper, a commercial lawyer. "As a growth strategy, to focus on Atlantic Canada is a losing proposition." He notes that the firm has had success with transactional business and dispute resolution. "We have actively pursued this. Nationally, we stand should-to-shoulder with our peer firms." — donalee Moulton "There is no reason an Atlantic Canada firm couldn't be a leader [on diversity], and we intend to be." George Cooper Cox & Palmer REGIONAL WRAP W H A T ' S H A P P E N I N G F R O M C O A S T T O C O A S T QUEBEC ATTRACTS CLASS ACTION LAW FIRMS P.8 KELOWNAS' STARTUP INDUSTRY SPURS LEGAL WORK P.12

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