Canadian Lawyer

January 2009

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Anecdotes and anonymous Internet postings are not enough to impugn the overall performance of self-regulated law societies. There is, however, a fur- ther charge the societies must address. It is the perception (noted — though not necessarily endorsed — by Baker and Pue) that they direct a disproportion- ate amount of their regulatory energy towards the margins of the profession. This perception holds that law societies have historically focused on solo practi- tioners and ethnic outsiders rather than on problems affecting larger fi rms or the profession as a whole. If trends in self- governance can be extrapolated from England, the problem of bullying on the part of law societies may not simply be a historical one. Over there, groups of black and Muslim lawyers have called for the creation of their own regulatory body after a 2006 survey revealed that 62 per cent of all investigations were direct- ed at non-white lawyers. Taken together, the criticisms directed at law societies suggest that, for many lawyers, self-governance is hardly a privilege. In fact, for some practitioners, the greatest threat to their profession is not government intrusion but is instead unfair regulatory zeal by their own col- leagues. Labour Relations Board Remedies in Canada, Second Edition Jeffrey M. Andrew This work covers the vast array of remedial orders issued by and available from the federal and provincial labour boards and provides an excellent procedural overview of the legislation. It also compares similarities and differences between jurisdictions across Canada and includes extensive case law to help expedite your research. Topics covered include: remedial certification and other remedies during organizing drives bargaining orders and settlement of agreements termination of bargaining rights unlawful work stoppages cease and desist orders • • • • • • • • reinstatement and rescission of discipline discretion to grant or deny relief and conditions and undertakings compensation as remedy and much more! Instead of searching through various incomplete sources, this resource offers you a one-stop comprehensive source about labour board remedies. Labour Relations Board Remedies in Canada, Second Edition is updated annually and is in looseleaf format so you will always be current on new rulings. This is an indispensable reference tool for anyone practising labour law in Canada. Order your copy today! Looseleaf & binder • $199 Releases invoiced separately (1-2/yr) P/C 0404032000 • ISBN 978-0-88804-480-8 For a 30-day, no-risk evaluation call: 1 800 263 2037 or 1 800 263 3269 www.canadalawbook.ca Canada Law Book is A Division of The Cartwright Group Ltd. • Prices subject to change without notice, and to applicable taxes. 34 JANU AR Y 2009 www. C ANADIAN Law ye rmag.com Andrew_LRBR (CL 1-2is).indd 1 12/16/08 1:52:22 PM CL0109 THE BEGINNING OF THE END? Canada's law societies may one day face serious challenges from oppressive gov- ernments or from disgruntled members. Neither of these forces, however, is likely to bring about an end to Canadian law- yers' longtime tradition of self-gover- nance. Instead, threats to the comfort- able existence of the law societies come from larger legal and economic forces that risk making them irrelevant. For example, the career path of Mon- treal-native Jason Crelinsten suggests that the old-time ways of Canada's law societies hold little mystique. Upon graduating from McGill Unviersity, Cre- linsten elected to forego the rigours of articling altogether and joined other Ca- nadians in New York City. "In New York, you take an eight-week bar class, two days of exams, and you're in. You learn on the job — it's up to you as an autono- mous individual." Crelinsten adds that voluntary bar associations on a national, state, and city level are popular, but that he does not see the advantage of a man- datory Canadian-style model. He also notes that the global context in which he works does not result in lawyers forging a professional allegiance to one particular locality. "In large fi rms where legal practice is increasingly su- pranational and the majority of work is on the business side, it's an open ques- tion of how much law societies matter. It's rare to fi nd a corporate lawyer who works in just one jurisdiction." This globalization of the profession and the challenge it presents to Canadian law societies has also attracted the notice of academics. The dean of the McGill's Faculty of Law, Nicholas Kasirer, notes that both the law and those who practise it are no longer limited by territory or geography. While what Kasirer styles as a

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