Canadian Lawyer

REGIONAL WRAP-UP DIScIpLINE RuLINg hIghLIghTS ISSuE Of RAcISm IN ThE pROfESSION The appeal panel ruled that because McSween had failed to guard himself against French, he must surrender his licence. After the original hearing panel disbarred him, McSween sought permission to resign. The appeal panel issued the more lenient penalty but nevertheless emphasized the misconduct. But Osborne Barnwell, who represented McSween in the case, says that interpretation of professional misconduct raises important concerns when it comes to lawyers like his client. "McSween was a familiar tale to us," says Barnwell. "He was a victim of circumstance, his race prevented him from getting the experience he needed, and although he should have been more careful, he simply screwed up by placing his trust in the wrong people. He didn't have any experience because of what he faced, so he couldn't have known. . . . He was duped by Ms. French." According to Barnwell, McSween had articled for a local law firm several years before meeting French. His articling work included carrying bags and picking up laundry but didn't include any real estate experience, notes Barnwell, who argues that lack of experience ultimately led McSween to become a sole practitio- ner like many other black lawyers and, as a result, struggle in the profession. "The law society has never acknowledged the racism we face in trying to find articling positions or other employ- ABORIGINAL LAW HANDBOOK, 3RD EDITION OLTHUIS, KLEER, TOWNSHEND (OKT) AND SHIN IMAI This practical guide is your one-stop reference work on legal matters that have unique Aboriginal aspects in areas such as employment law, taxation, and criminal law. The text includes summaries and discussion about the current state of the law and policy surrounding: • Constitutional rights of Aboriginal Peoples in Canada; Aboriginal and treaty rights; the duty to consult and accommodate; hunting, fishing, and trapping rights; land and land claims; and Métis and Inuit rights • Aboriginal government issues including self-government; international law and indigenous sovereignty; Indian Act registration and band-related issues • Aboriginal community issues, including control of programs and services; and housing and construction • Sections on family law; estates law; and the residential school settlement • Economic and related matters, including protection, use and management of lands and resources; community corporations; commercial relations and reserves • Aboriginal justice initiatives; criminal procedure; and injunctions and blockades ORDER # 981773-65199 $114 Softcover approx. 500 pages December 2008 978-0-7798-1773-3 AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. ment," says Barnwell. "That's why so many minority lawyers are opening their own practices now. Racism is something no one wants to talk about because they're afraid of the pushback they'll get. Even as litigators, it's customary for us to not raise the race issue because we're afraid we may suffer that pushback." Fellow lawyer Selwyn Pieters says there have been several cases involving similar issues to McSween's. "There are quite a few cases where minority lawyers have been duped by someone in their office because they didn't have the experience to prepare them because of their race. McSween certainly isn't the first case." A look at law society disciplinary decisions from last year shows at least four allegations of professional misconduct involving similar issues against black lawyers. At the same time, a Canadian Bar Association review of racism in the legal profession in 1999 indicated that law graduates from minority groups had fewer and less meaningful articling opportunities compared to others in the profession. — KENDYL SEBESTA kendyl.sebesta@thomsonreuters.com WEST Calgary lawyer takes fight for immigrant justice to the airwaves "C ontroversy and Raj Sharma are par for the course." That is what Calgary immigration law- yer Raj Sharma says about himself. But in spite of the flak, Sharma says he loves the law. And why not? At 34 he is a partner in a busy and growing downtown practice, Stewart Sharma Harsanyi. And though he was called to the Alberta bar less than 10 years ago, he has already established a significant profile in both the legal and broader Calgary community. On top of that, he just became a brand new father. Sharma is passionate about access-to-justice issues. He blogs and tweets regularly and since late last year he has been co-host of a weekly Punjabi-language phone-in program, Kanun te Samaj (law and society) on local multicultural radio. He insists that he is not doing the show to promote business. He points out that immigration issues only make up a fraction of the show. "Most of the callers can't afford us anyway, and besides I don't need any more business. This is community service." He is concerned that poor people in Calgary's South Asian community, particularly people who don't speak English or who do not work outside the home, are often not getting the legal 10 M A RCH 2012 www. CANADIAN Lawyermag.com C ontinued fr om pa g e 9

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