Canadian Lawyer

June 2015

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m J U N E 2 0 1 5 3 ast month Canada lost one of its most important and influential voices when Alan Borovoy died of heart failure at the age of 83. Unlike many of our readers, I never really knew him personally but I did interview him a few times. What I will say about this staunch defender of free speech and civil liberties, is that when I was a girl, not really knowing much about anything, I knew who Alan Borovoy was and what he stood for. He was perhaps the first person I ever realized was a "lawyer" and one "who could change things." He is probably the person who engendered in me a respect for the profession that I have now spent 18 years working in and with. His influence was far and wide and he touched the lives and careers of many lawyers in his 40 years as the general counsel of the Canadian Civil Liberties Association. Nathalie Des Rosiers, now the University of Ottawa dean of common law, worked with Borovoy and replaced him at the CCLA. She recalled his love of legal and intellectual challenges: "He was a master in finding the flaw in someone else's argument — he had a way with find- ing the perfect expression," she told Legal Feeds. "On privacy, for example, he said 'if you have nothing to hide what kind of boring life are you leading?'" He was unrelenting in his positions on issues such as capital punishment, national security, and hate speech — even when he disagreed with those whose rights he was fighting for such as Holocaust denier Ernst Zundel. He gave lec- tures, wrote books, and testified before committees to shine the public spotlight on issues he felt needed it. But he was also remembered by many friends and colleagues for his humour, charisma, and commitment. "His intelligence and his dedication to the fight for civil liberties were matched by his charm, his charisma, and his sense of humour. He had such presence — he was a giant, yet he did not make others feel small," litigator Jasmine Akbarali recalled of working with him on a case in 2008. Even those who didn't always agree with his points of view always respected him. Journalist George Jonas wrote in the National Post: "Alan's life was the epit- ome of pure triumph, it seemed to me. . . . [H]e derived his satisfaction entirely from defending civil liberties against encroachments from the right of the political spectrum. It never occurred to him that civil liberties can be threatened from the left, or more precisely he never let it occur to him, and resisted others trying to point it out. Consequently our association consisted of little except sharp debates. . . . We agreed on virtually nothing except the importance of liberty. It was enough for a lifetime of friendship." As others have said before, many of the fundamental freedoms and human rights Borovoy worked for his whole life still need defending. Sukanya Pillay, CCLA's current executive director and GC has vowed that she and others will honour him by continuing the fight. That is the most fitting memorial to this great Canadian. Director/Group Publisher: Karen Lorimer karen.lorimer@thomsonreuters.com Editor in Chief: Gail J. Cohen gail.cohen@thomsonreuters.com Staff Writer: Shannon Kari shannon.kari@thomsonreuters.com Copy Editor: James Kang Art Director: Bill Hunter Production Co-ordinator: Catherine Giles catherine.giles@thomsonreuters.com Contributors: Jean Sorensen, donalee Moulton, Pascal Elie, Geoff Ellwand, Marg. Bruineman, Jennifer Brown, Jim Middlemiss, Janet Guttsman, Michael McKiernan, Sheldon Gordon, Yamri Taddese Canadian Lawyer is published 11 times a year by Thomson Reuters Canada Ltd. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Advertising Sales Representatives Legal Suppliers: Kimberlee Pascoe Tel: (416) 649-8875 E-mail: kimberlee.pascoe@thomsonreuters.com Law Firms: Joseph Galea Tel: (416) 649-9919 E-mail: joseph.galea@thomsonreuters.com Grace So Tel: (416) 609-5838 E-mail: grace.so@thomsonreuters.com Steffanie Munroe Tel: 416-298-5077 E-mail: steffanie.munroe@thomsonreuters.com Canadian Lawyer Magazine Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 Tel: (416) 298-5141 Fax: (416) 649-7870 E-mail: cl.editor@thomsonreuters.com Web: www.canadianlawyermag.com Linkedin: linkd.in/179bx8t Twitter: @canlawmag Publications Mail Agreement #40766500 ISSN 0703-2129 Copyright © 2015 HST Registration #R121349799 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT One Corporate Plaza 2075 Kennedy RD., Toronto, ON. M1T 3V4 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÊTRE LIVRÉE AU CANADA AU SERVICE DES PUBLICATIONS One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 Circulation/Address Changes/ Subscriptions Keith Fulford Tel: (416) 649-9585 Fax: (416) 649-7870 E-mail: keith.fulford@thomsonreuters.com Subscription rates: Canada1 year print and digital $99 plus HST, 1 year digital only $99. Outside Canada 1 year print & digital $99 USD, 1 year digital only $99. For all circulation inquiries and address changes send a copy of your mailing label or labels along with your request in writing to Canadian Lawyer, One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 Indexed in the Canadian Periodical Index E D I T O R ' S D E S K @canlawmag gail.cohen@thomsonreuters.com A great Canadian By Gail J. Cohen L Alan A. Borovoy

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