Canadian Lawyer

January 2012

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP CENTRAL No parity oN Quebec beNch, despite NaMiNg of duval hesler as chief W omen lawyers and judges in Quebec are thrilled with the recent appointment of Nicole Duval Hesler as Quebec's top judge. On Oct. 7, Duval Hesler became the first woman to be named as chief justice of the Quebec Court of Appeal in the 162-year history of the court. "It's brilliant," says Pascale Pageau, president of the women in the profession committee of the Barreau de Montréal and president of the Women Lawyers Forum of the Canadian Bar Association. "First, to have a woman in the job, and second, to have a woman NEW EDITION THE PORTABLE GUIDE TO WITNESSES, 2ND EDITION PETER SANKOFF, B.A., J.D., LL.M. Gain confidence in evaluating witness evidence with this time-saving resource that you can turn to in a courtroom. The Portable Guide to Witnesses, 2nd Edition pulls together all the law governing witnesses, giving you the understanding and insight you need to prepare, examine and cross-examine witnesses in all manner of judicial proceedings. This compact reference manual and practice guide for court appearances is cross- referenced to the classic work in the field, Witnesses, by Alan W. Mewett and Peter Sankoff. WHAT'S NEW IN THIS EDITION • Major changes in the Rules of Civil Procedure for British Columbia, Nova Scotia, Alberta and Ontario • A new section covering Expert Witnesses and the requirement for independence • A new section covering the rule against Prior Consistent Statements, including the new exception for statements made by a defendant upon arrest • Major updates to the rules covering the exclusion of witnesses, including those involving the parties in a civil case • Coverage of recent Supreme Court and leading appellate decisions pertaining to the law of witnesses, including: R. v. Prokofiew (2010, Ont. C.A.) ; Kent v. Kent (2010, N.L.C.A.); R. v. National Post (2010, S.C.C.); R. v. Abdullah (2010, Man. C.A.); R. v. Abbey (2009, Ont. C.A.); R. v. Ellard (2009, S.C.C.) ORDER # 983702-65998 $105 Softcover approx. 200 pages August 2011 978-0-7798-3702-1 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 like Nicole Duval Hesler with her exceptional expertise and extraordi- nary humanity, which will really add a lot of value to the court." "It gives women lawyers the sense that it is possible to make a difference — she has made a difference," adds Pierrette Sévigny, a retired justice of Quebec Supe- rior Court who now works as a mediator in Montreal. Sévigny, who became a judge of the Quebec Superior Court on the same day as Duval Hesler in 1992, points to the new chief justice's "substantial trial experience in both civil and criminal matters and Last October, Justice Nicole Duval Hesler became the first woman chief justice in Quebec. high profile cases while in private prac- tice." Duval Hesler, who moved to puisne judge of the Quebec Court of Appeal in 2006, as a lawyer practised mainly in the area of civil litigation with an emphasis on tort law, product liability, construction law, insolvency, and environmental law. As a member of the Canadian Human Rights Tribunal from 1979 to 1992, she became involved front and centre in a notable discrimination suit launched by a group of women employees against Cana- dian National Railway Co. Duval Hesler was on the panel of three tribunal mem- bers that ruled in favour of the women and imposed an employment equity pro- gram on CN, a decision that was ulti- mately upheld by the Supreme Court of Canada in 1987. While the appointment of Duval Hes- ler is another milestone in the advance- ment of Quebec women in the legal pro- fession, Pageau, speaking on behalf of the women's committee, says parity is still out of reach in Quebec's federal judiciary, 10 JAN UARY 2012 www. CANADIAN Lawyermag.com

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