Canadian Lawyer

Regional wrap-up Aiming for the moon Continued from page 7 regulatory regime that would govern resources," he says. Many countries have been reluctant to sign on in part because the treaty invokes the concept of common heritage of mankind, an international law principle, which holds that some world assets, such as the moon and its natural resources, must be protected and for use by all, not be for use by individual states or corporations. But Nyampong points to similar concerns about exploiting resources of the deep seabed and in the reaches of Antarctica and says provisions in the Moon Treaty can be used to create a legal regime to govern exploitation. In the case of the deep seabed, also subject to the common heritage of mankind concept, the International Deep Seabed Authority was subsequently established in Kingston, Jamaica. It is as an autonomous international organization under the 1982 United Nations Convention on the Law of the Sea followed with an implementation agreement in 1994, although there has not yet been much exploitation activity. Other "burning" questions where the law is lagging as technology advances rapidly are related to space travel. With the price of space travel dropping to thousands of dollars from millions, and companies like Virgin Galactic preparing to launch commercial operations, there is renewed discussion about liability and what constitutes the border between air space in the Earth's atmosphere and outer space. "From a legal perspective these vehicles are neither aircraft nor spacecraft, they are something in between, and there isn't a specific legal regime that governs issues of liability, space traffic control, and a whole lot more," says Nyampong. As for the border, "technically, the scientists will tell you it ends about 100 kilometres from the surface of the Earth, but you won't find a legal instrument, so there is not a legal definition of where the air space ends and where outer space begins." Discussions are now happening on whether or not the legal regime that governs civil aviation can be extended to govern emerging modes of space transportation and the centre has researched and published on the question of the creation of a new body to regulate for space or to extend the mandate of the Montreal-based UN International Civil Aviation Organization. Space governance will be on the agenda for a conference being organized for next spring. "Many things are happening in space and the word governance has been used many, many times, but it is not clear what it really means — there is not a generally agreed definition," says Nyampong. While specialization in aviation and space law are not that common at law firms in Canada, Nyampong points to the more than 1,000 graduates from more than 120 countries who have gone through the centre. "They are working in very important positions in civil aviation authorities and in law firms all over the world in many important policy-making and law-making positions and they are really driving change around the world," he says. While air and space law may seem rarefied to some, Nyampong says there is much appeal for those who have boundless curiosity and are interested in taking a long view of the future. "It has been established that resources on Earth have a finite supply, so we will have to look elsewhere if the human race will continue to survive," says Nyampong. "Space presents a huge potential and we do not want space to become the next El Dorado, the next ungoverned free-for-all environment, so it is important to have some legal regime in place that will govern access to and exploitation of space. The more people interested in this, the better it is for the eventual legal regime." — Kathryn Leger kathryn.leger@videotron.ca 8 November/December 2013 www.CANADIAN L a w ye r m a g . c o m Getting back in the saddle T orys LLP lawyer Darren Sukonick has a lot of catching up to do. He's spent eight years in professional limbo waiting for the conclusion of discipline proceedings against him. In mid-October, a Law Society of Upper Canada hearing panel found no evidence he was in a conflict of interest. "As a lawyer, my most important asset is my reputation, and I am most gratified that this decision definitively asserts that I maintained the highest of standards of professional ethical conduct," he told Law Times following the ruling in what was reportedly the LSUC's longest-running disciplinary matter. "With my reputation intact, I feel confident that I can move forward to accomplish whatever I set out to do." For several years, his focus has been on defending himself against conflict of interest allegations brought against him and former colleague, Beth DeMerchant. The charges were in relation to work the pair did for the Hollinger group of companies between 2000 and 2003. According to Sukonick's counsel, the hearing itself took 135 hearing days spread across 2-1/2 years. Sukonick was 36 when the prosecution began. Now 43, he and DeMerchant, who has retired, have been exonerated. Of the decision Phillip Campbell, DeMerchant's counsel, said: "[The] ruling is a complete victory for her and Darren after an incomplete investigation and a pointless, painful prosecution." In a 47-page decision, a law society hearing panel said it didn't have sufficient evidence to find them guilty of professional misconduct. "The [lawyers'] clients are all considered to be sophisticated and before there is a finding of conflict of interest, there should be some evidence that counsel preferred the legal interests of one or more clients to the detriment of another. There was none," wrote hearing panel chairman William Simpson. Over the course of the proceedings, Sukonick says he remained engaged in his firm as a member of the pro bono committee and another group that oversaw renovation efforts at Torys. He even worked at some Continued on page 10

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