Canadian Lawyer

April 2008

The most widely read magazine for Canadian lawyers

Issue link: https://digital.canadianlawyermag.com/i/50842

Contents of this Issue

Navigation

Page 8 of 55

REGIONAL WRAP-UP cases with a high number of court appli- cations for custody and access, or where parents are either unrepre- sented or frequently chang- ing counsel, to a dispute resolution office for media- tion. "It's targeted [to cases] where there is increasing ten- sion between the parents and chronic or long-term prob- lems," he says. Morgan says litigants are provided with documenta- tion regarding the program and can choose to go the dispute resolution route on their own. "If they're not en- couraged to use it, they don't. If they're referred by a judge there's an implicit message that they should set aside their emotional differences for the children," he says. Morgan says the hope is a fair number Justice Minister Don Morgan. of referrals will be generated early on in the process, particularly cases that are difficult for the courts or problematic for the family members involved. "When parents are involved in ongoing litigation, they become focused on that rather than parenting, and what's best for the chil- dren," he says. "Children have a right to have a full and rich relationship with both parents. It's the duty and obligation of both to work to that end. If parents are distracted with their own issues, it doesn't serve the family at all well." Morgan says he's optimistic the me- diation process will be well received from a cost perspective, as it's paid for by the province and no fees are imposed upon those using its services. "If you go through the courts, you can easily spend thousands of dollars," he says. The program will be evaluated at the end of June, and a decision will be made whether to expand into other courts. Morgan adds the mediation process should speed things up in courtrooms, as it's common to see delays from self- represented litigants, wrong affidavits, or being in court under the wrong act. "The litigation process is relatively complex. This way, [litigants] can avoid the court process completely," he says. Morgan says in some instances, such as when there has been a history of vio- lence or abuse, criminal activity, sub- stance abuse, or mental health issues, the court may decide that mediation isn't appropriate. — GEOFF KIRBYSON gmkirbyson@shaw.ca isn't going for the sightseeing. The associate at the Winni- peg-based firm has taken a six-month "professional con- sulting" posting with the United Nations in Thailand. She says she was attracted to the opportunity to work with the UN because it represents "the chance to do good." "The system might not be perfect, but the goal is clear," A she says. "The Asia-Pacific region is home to the majority of the world's extreme poor — people living on under US$1 per day. There is a chance to contribute to large-scale proj- ects that have an impact in the region." Merrick, who was called to the Manitoba bar in 2002, says she's not sure what she's go- ing to get out of the experience, but hopes to learn as much as she can about the UN, how it works, its programs, and a little about the re- gion as well. "I can safely say that I have already learned much, includ- ing things that will transfer over when I return to practise in Mani- toba. In any event, this experience can do nothing but make me a bet- ter person," she says. lawyer at Taylor McCaffrey LLP has taken a six-month leave to visit Asia for the first time, but Nicole Merrick She says she is grateful that Taylor McCaffrey was so supportive of what she called her "unusual" request. Doug Finkbeiner, one of the firm's managing partners, says there was never any question about sending her on her way. "We thought it was a really neat idea. It's connected to law through human rights issues, and we thought it would be one of those growth experiences that only come along once or twice in a lifetime," he says. Finkbeiner says he's confident Merrick will be a better lawyer when she returns to Winnipeg this summer. "These things are growth experiences for all of us. They make us better people and better lawyers," he says. "We take for granted things like the rule of law in Canada. People have rights and those rights are supported by the system. The police answer calls and aren't on the take; we don't have armies patrolling the streets. Compare that to recent months in Pakistan or the former Burma, and we get a greater appreciation for the system we have in this country." Winnipeg lawyer Nicole Merrick at a restaurant in Thailand. www. C ANADIAN — GK mag.com APRIL 2008 9

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Lawyer - April 2008