Canadian Lawyer

www.canadianlawyermag.com 5 or hold the event "in an indoor location like a classroom," the Court of Appeal's decision states. Pro-Life appealed the requirement to pay for security to the dean of students but the dean upheld the condition. Pro-Life took the denial of disciplinary action and the security costs requirement to the courts. It argued the university was denying its exercise of free expression. But Justice Bonnie Bokenfohr of Alberta's Court of Queen's Bench denied judicial review on both issues. The Court of Appeal affirmed the lower court's decision on the complaint against counter-protestors but saw the issue of the $17,500 condition differently. The Court of Appeal opted to answer "the crucial ques- tion" of whether the university's regulation of freedom of expression should be considered a form of governmental action. The court found the university's actions did fall under s. 32 of the Charter, which states the Charter applies to Parliament, the government of Canada, provincial legislatures and all matters within their authority. Daniel Michaluk, a partner at Hicks Morley Hamilton Stewart Storie LLP in Toronto, has a practice that involves helping universities with risk and crisis management issues. Michaluk says that, because the lower court set aside the question of whether the university was acting as government, it found that, as an administrative actor, the university only needed to "take appropriate account of Charter values in exercising discretion." This is an "indirect" application of the Charter, he says. On that basis, the court found the university had weighed Charter rights and interests of others at the school appropriately. University of Calgary launching Ôek\Z_cXnXe[ policy course Company: University of Calgary Faculty of Law -Doctoral Candidate, Duke University Years in the industry: Called to the bar in 2008 Career Highlight "My highlight has been the last three years. I've wanted to be a law professor since I was in law school at the U of A. To see it come to fruition is a big dream fulfilled. The last three years — doing my LLM at Duke, working on my doctorate (currently underway), advising the Alberta Securities Commission and now obtaining a job as an assistant professor at the U of C — has been the fulfilment of a long-held career and academic ambition come into reality, and that's very meaningful to me." Ryan Clements Assistant Professor Chair in Business Law and Regulation The University of Calgary is introducing a fintech law and policy course this spring, the first of its kind in Canada. Ryan Clements designed and will teach the course. He is a professor at the U of C Faculty of Law and doctoral candidate at Duke University Law School. Although the course will cover the technology and how it's used, Clements says it's primarily focused on regulatory dynamics. He says the class will cover system risks and regulatory fragmentation that exists in the industry, as well as blockchain, artificial intelligence, crypto-currency, robo-advisors, algorithm management and open banking, among other topics. While other fintech classes in Canada focus on business and public policy, Clements' is the only one that focuses on the law, he says. Clements began his career working in investment banking in Edmonton, after earning an economics degree from the University of Alberta. He then went to law school, graduated and worked at Davies Ward Phillips & Vineberg LLP in Toronto and then at Blake Cassels & Graydon in Calgary. He's still called in both provinces. After working at a couple of other mid-sized firms, he transitioned to academia, starting as an adjunct professor at the U of A. He became interested in fintech while teaching a course on entrepreneurial law related to startup companies. "It's where my interest in fintech germinated," he says. "The intersection of securities — which I did at the early stage in my career in big law — and then startups, which I gravitated to before I went back to academics." He took an LLM at Duke and then started his doctorate. In 2019, he took a job at the Alberta Securities Commission as a senior policy advisor, mostly consulting on crypto-currency. He then became a full professor at the U of C and still consults the Securities Commission. In August 2019, Clements published a paper with the U of C School of Public Policy Publications called "Regulating Fintech in Canada and the United States: Comparison, Challenges and Opportunities." According to Clement's paper, much of the difference in fintech regulation between Canada and the U.S. is attributable to Canada having a principles-based financial regulatory structure, while the U.S. is generally rules-based. While in the U.S., fintech "has the potential for displacing banks and established financial institutions," in Canada, the big banks are driving fintech due to high barriers to entry and because the banks tend to gobble up startup fintech firms. As a result, consumer-facing fintech companies are more prominent in the U.S.. "It goes against the whole body of law that deals with universities and what they do." Daniel Michaluk, Hicks Morley Hamilton Stewart Storie LLP

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