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regional wrap-up ATLANTIC MINISTER OF HEALTH MUST TAKE PART IN DISCOVERY Court of Newfoundland and Labrador Trial Division (General) that determined an elected official, currently sitting as the province's minister of health, could be examined in discovery. Th e case involves a tussle over the L location of the provincial air ambulance service, which was relocated from St. Anthony, on the Great Northern Peninsula, to Happy Valley-Goose Bay, Labrador. Th e former was convinced the move was punishment for having voted Liberal in the last election. The town applied for an interim injunction, and lost. It then continued its fight and requested, by way of an originating application, to examine three individuals. "We're seeking discovery. Usually you aren't doing this with an originating application," says Jim Bennett, a lawyer in Daniel's Harbour who is representing the applicants. The question before the court was whether discovery was available in a chamber's decision, notes Dan Boone, regional managing partner with Stewart McKelvey in St. John's who represented one of the individuals requested for discovery. "We were always of the view that discovery was not available. Recent decisions have countered this. This case says it's available almost as a matter of right." "That is highly unusual," he adds. "I haven't seen much of that in the case law across Canada." Read the ruling in St. Anthony (Town) v. Newfoundland and Labrador at canlii.org/en/nl/nlsctd/ doc/2010/2010nltd140/2010nltd1 40.html. awyers — and politicians — across Canada will be closely examining a recent decision from the Supreme Specifically, Justice Alan Seaborn found that the issue in St. Anthony (Town) v. Newfoundland and Labrador was one of practicality. "Given the nature of [the] allegations, I conclude that to avoid dis- covery examination of multiple repre- sentatives for the Respondent it would, in this instance, be appropriate for the Minister to be examined as requested in the application before me," he stated in his 22-page decision. The implications of the decision are potentially significant for both the legal community and the political play- ground. "For elected officials, it will be a high alert that they should be very careful how they conduct themselves. Ministers are not accustomed to being held accountable at that level," says Bennett, whose wife is a cabinet min- ister in the Ontario government. "This really is David and Goliath." The decision, notes Boone, could open a long-closed door. "The courts are still inclined to stay out of executive decisions. It's a step into the political arena to a certain degree." — DONALEE MOULTON donalee@quantumcommunications.ca stay away from social media N.S. jury told to N o talking, no TV, and no Twitter. So a Nova Scotia jury was recently told by the presiding judge in a first-degree murder trial. It is a tale likely to be told to more and more juries across the country. In his jury instructions, Nova Scotia Supreme Court Justice Richard Coughlan expressly cautioned jurors to avoid social media sites including Facebook, Twitter, MySpace, and YouTube. "I don't even know what half those are," local media reported him joking to the jury. But the issue is a serious one, says Michael Deturbide, associate dean, academic, at Dalhousie University's Schulich School of Law. "It's a sign of the times. People are turning to these sites for information. Courts will have to caution against this." The unusual instructions are likely to become routine, he adds. "As time goes on, you probably will see more and more judges doing this." Although many judges, like Coughlan, may not be famil- iar with tweeting, poking, and posting, the impact of social media on the social consciousness is well known. "Judges are more cognizant of this," says Deturbide. Legal counsel, he adds, should also be using these sites in building their cases. "Lawyers should take a look to see what's out there. That's part of due diligence." — DM 8 NO VEMBER / DECEMBER 2010 www. C ANADIAN Law ye rmag.com