Canadian Lawyer

November/December 2019

The most widely read magazine for Canadian lawyers

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www.canadianlawyermag.com 11 "I think it's fair to say that the power to arrest for apprehended breach of the peace, regardless of who is threatening violence, has been significantly curtailed by this decision." • Capability to take on primary leadership of litigation fi les • Excellent legal analysis and judgement skills • Advanced verbal and written communication skills in English • Well-developed professionalism, leadership and teamwork competencies • Proven skills in presenting cases in court in the following areas of the law:•Family Law,•Trust Law,•Insurance Law,•Labour Law,•Contractual disputes, Law of succession,•Commercial Law,•Transfer of property / land disputes. • Demonstrated ability to:•prepare court pleadings and documents in terms of procedural law,•present cases in court on trial and application procedure,•prepare witnesses for trials,•presenting and arguing appeals and reviews,•advise clients of their legal rights and all matters related to law,•research legal precedents and gather evidence,•plead clients' cases before courts of law,•prepare legal opinions,•negotiate settlements of civil disputes • Active member in good standing with a Law Society in Canada Senior Civil Litigation Lawyer We offer an annual salary of $120,000 plus statutory vacation leave. Commissions on achieving targets plus our fi rm's benefi ts plan (including•medical insurance) will all be negotiated prior to commencement. Applicants may deliver resume's to•#102 – 20110 Lougheed Highway, Maple Ridge, BC V2X 2P7 - Fax: (604) 463 6760 – Attention: Samantha Schemenauer or email• sschemenauer@centralawyers.ca. Centra Lawyers LLP, an established medium sized law fi rm with advancement opportunities in Maple Ridge, BC, is looking for a full-time senior barrister to join our litigation department in Maple Ridge.• Hands on civil litigation experience with extensive courtroom experience of between 7 to 10 years, and a willingness to build out our employment law department, is a requirement.• The successful applicant•will focus primarily on in house referred litigation relating to general civil litigation, employment law, family law, commercial law and estates and trusts. The ideal applicant must have profi ciency, skills and qualifi cations in the following areas: How did the court's decision in this case diverge from the test established in R. v. Waterfield [1963] 3 All E.R. 659 (a leading English Court of Appeal decision establishing the common law authority of police officers to stop and detain individuals)? The Waterfield test was . . . refined and considerably narrowed by the result in this case. Mr. Fleming had not committed any offence nor had he threatened to. His political expression was thought to be provocative, and he was arrested in order, so the police said, to prevent other people from acting violently. The court said [that] in these situations there is no common law power of arrest, there are less intrusive measures that are available and that those should be deployed, such as putting a police barrier between Mr. Fleming and the other protesters. I think it's fair to say that the power to arrest for apprehended breach of the peace, regardless of who is threatening violence, has been significantly curtailed by this decision. What are the implications for the right to engage in legitimate protest in Canada? It certainly reduces the likelihood of another G20 [summit] disgrace. Arrest for apprehended breach of the peace was the fig leaf police services used in the G20 situ- ation [in Toronto in 2010], which resulted in the largest mass arrest in police history. They can't do that again.

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