Canadian Lawyer

September 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 S E P T E M B E R 2 0 1 5 3 few months ago, I was looking for a writer in Saskatoon to help with our Sas- katoon city report. Some colleagues suggested I reach out to Mervin Brass, which I did. He grew up on the Key First Nation and is currently the editor and publisher of Treaty 4 News, so he's steeped in the news and culture of aboriginal Canadians. While we were chatting about the Saskatoon story, Brass suggested Canadian Lawyer do something about the many lawyers who've worked with First Nations people who had the misfortune of being sent to Indian residential schools. Much ink had been spilled over a few lawyers and other groups that had taken advantage of the process and profited at the expense of claimants in the Independent Assessment Process. But, as Brass suggested, there were a whole lot of lawyers who had worked with the victims of the residential schools and made a very positive impact on their lives, including that of his father. That story should be told, he suggested. A few months later, in looking for an article for the cover of this September issue, I thought it would be a good time to tell some of those stories. In the interim, the initial report of the Truth and Reconcilliation Commission had been released, a conversation was starting on campuses about how to take the report's recommendations and bring them in to legal education, and Canadians were talking about the issue of the rights of First Nations people and their role in this country. The time was right. So I was very pleased to hear, and for Canadian Lawyer to highlight, the stories of Eleanor Sunchild, Jeff Scott, and others. Scott was one of the first members of the legal profession to give former residential school students both an ear and a voice. And as I've heard many times from counsel, it was the listening and hearing that was almost the most important part of the process for people whose lives, families, and culture had been, in some cases, destroyed by their experiences. "I was told by my clients I was the first individual they felt they could trust and really come out with all the details as to what occurred. They needed to tell me in order for me to be able to fully represent them," Scott told Brass. "For a lot of these clients, it wasn't even just the compensation, it was the acknowledgment that this occurred to them and it had to be addressed." I and most Canadians won't ever understand what happened to the children who were sent to the residential schools. We'll never truly understand the effects these schools had on their lives and families. But the role lawyers have played has been an integral part of bringing their stories into the open and having those stories treated seriously, as well as assisting in getting compensation for their suffering. There is still much to be done for the healing to continue and there are still legal battles to fight. In June, hundreds of First Nations people who were "day scholars" at the residential schools and, therefore, left out of the compensation system had a class action against the government certified in British Columbia. The discussion, as well, about training would-be lawyers to better understand the law in relation to indigenous people and to introduce dimensions of indigenous law is gaining momentum at law schools across the country. Understanding more, knowing more, being open, and respecting all legal traditions and cultures can only be beneficial to everyone in the justice system and society. Director/Group Publisher: Karen Lorimer karen.lorimer@thomsonreuters.com Editor in Chief: Gail J. Cohen gail.cohen@thomsonreuters.com Staff Writer: Yamri Taddese yamri.taddese@thomsonreuters.com Copy Editor: Patricia Cancilla Art Director: Bill Hunter Production Co-ordinator: Sharlane Burgess sharlane.burgess@thomsonreuters.com Contributors: Jean Sorensen, donalee Moulton, Pascal Elie, Geoff Ellwand, Marg. Bruineman, Jennifer Brown, Jim Middlemiss, Glenn Kauth, Shannon Kari, Mervin Brass 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 © 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 Building bridges By Gail J. Cohen A

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