Legal news and trends for Canadian in-house counsel and c-suite executives
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PROFESSIONAL PROFILE opportunities and it wouldn't foreclose an academic career if that's what I want- ed to do down the road." Castel attended law school at U of T with the intent of pursuing criminal law from an academic standpoint. She wrote a number of articles that were published in law journals on topics such as battered women syndrome and the use of screens and closed circuit television in a prosecu- tion of child sexual abuse cases. "It was more like an academic interest in social policy . . . so I decided to article and I articled at a big Bay Street law firm and was called to the bar," says Castel. "I was actually admit- ted into a graduate program and I was going to specialize in children's rights at Colum- bia University." But she never made it there. Castel had eight months to kill before starting grad school and during that time landed a contract position with the Ontario Casino Project with the Ministry of Consumer and Commercial Relations. One of the projects she was assigned to do was researching and recommending options for casino regulation. "I got really interested in it and I was opened yet, but when Casino Windsor did open in the spring of 1994, the regu- latory legislation was ready. "I was involved in researching and recommending the options for casino regulation and then providing drafting instructions for the regulations on casi- no gaming and a setup of the regulatory agency," says Castel. "It was very much project-geared, which is the type of work that I really liked." Soon after, Castel went to work for Casino Niagara, where she was their first general counsel and part of their open- Casinos get sued a lot, Castel explains, and because she was the only in-house lawyer she would farm out all litigation while managing and providing instruc- tion to outside counsel. "In terms of the legal disputes about the distribution of monies to First Na- tions from Casino Rama, the operator who I worked for, we were always at arm's length with respect to those disputes," says Castel. With all of this responsibility, the most order to provide proper advice and keep out of trouble." — JACQUIE R. CASTEL nowhere finished when the time was approaching to get ready for graduate school, so I decided to defer it for a year, and then one thing led to another and I really loved my job so the prospect of going back to school seemed less appeal- ing," says Castel. Little did she know that decision would shape the path of her career in a field that was ripe with possibilities and new challenges. It was 1993 and the gam- ing industry was in its infancy stages in Ontario, and this, says Castel, made the work exciting. "I didn't always plan to be a gaming lawyer; I sort of call it an accidental ca- reer, what I got into," says Castel. "At the time, there really wasn't a gaming law field in Canada. It's not something you can specialize in in law school." The first casino in Ontario hadn't even ing team. She also set up and ran their legal and compliance program. While she enjoyed her job, after two years Castel decided to accept a job at Casino Rama because it was a promotion and more re- sponsibility. There she served as vice president, le- gal and administration, responsible for the legal, corporate affairs, security, and purchasing departments. While her prin- ciple role was providing legal advice to management, she also designed, admin- istered, and ran the casino's compliance program. With Casino Rama located on the Chippewas of Mnjikaning First Nation reserve, Castel got to do some work not typical in other casinos — namely, work- ing closely with the general counsel of the Chippewas of Mnjikaning, who are a part of the development and operating agreement of the casino. 34 A UGUST 2008 C ANADIAN Lawyer INHOUSE know the regulatory requirements and really understand them in "Not every day is a high-pressured day, but it's a tightly regulated industry, so you have to really important was overseeing regulatory compliance and protecting Casino Ra- ma's gaming licence, she says. At times, this called for advising with a strong hand when she told the CEO or senior executives, "No, you can't do this. This could or would com- promise the company's gaming licence and get the company into regulatory trouble." "In the industry, the company's gaming licence is really one of, if not its most important aspect," says Castel. "Without the gaming licence you're not entitled to work in the industry and, if you lose your licence or have significant blemishes on your gam- ing licence in one jurisdiction, it can affect the company's ability to operate casinos and get gaming licences in other jurisdictions." With the rules and regulations con- stantly evolving, Castel says you also have to be at the top of your game. This means some days are more challenging than others. "Not every day is a high-pressured day, but it's a tightly regulated industry, so you have to really know the regula- tory requirements and really understand them in order to provide proper advice and keep out of trouble." Apparently, she did her job well. Castel says one of the biggest accomplishments, and what she's most proud of in her ca- reer, was setting up the compliance pro- grams at both Casino Niagara and Rama.