Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J A N U A R Y 2 0 1 7 7 T he Nova Scotia judiciary has approved numerous recommenda- tions to enhance diversity on the bench. Those recommendations came at the request of the chief justices and chief judges. "It's an oversimplification to say appointments are made by the government and there is nothing the judiciary can do," says NS Chief Justice Michael MacDonald. "We are called upon to make important decisions that affect the society in which we live," he adds. "We need as many repre- sentatives from that society on the bench, and we need judges to learn as much as possible about that society." As a first step, the chief justice and his colleagues met regularly with Michelle Williams, director of the Indigenous Blacks & Mi'kmaq Initiative at the Schulich School of Law, to discuss what the judicia- ry could do to become more diverse and more aware of diversity issues. Then Justice Linda Lee Oland was asked to identify appropriate initiatives the judiciary could undertake to encourage diversity, with a particular focus on indigenous black and aboriginal representation. Justice Oland, after consulting widely, returned with 11 recommendations, all of which were approved by Nova Scotia's judiciary. Those recommendations fall into distinct categories including cultural com- petency and working with students. The first recommendation brought forward by Justice Oland is that diversity in the Chambers Clerk Program, the Pro Bono Provincial Court Placement and Pro Bono Family Court Placement be improved. This could be accomplished, she noted, by having the application form include statements welcoming submissions from diverse groups, seek self-identifica- tion and encourage application through the IB&M Program. She also recommend- ed that the chief justices and chief judge explore with their judges other opportuni- ties for law students at their courts. It was also recommended that the judi- ciary reach out to schools, Dalhousie law school, the practising bar, organizations that represent lawyers or visible minor- ity lawyers and the community at large to help increase knowledge of the role of the judiciary and how one becomes a judge. As well, the chief justices and chief judge should consider appointing judges from racialized groups as their nominees on judicial advisory committees. The need for judges to receive peri- odic training in cultural competency was another recommendation along with adding a cultural competency com- ponent to conferences conducted by the courts. Outreach to the current bar was also highlighted. "We want to be better judges. We want to have the best possible judiciary for Nova Scotia," notes MacDonald. — DONALEE MOULTON REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ P R A I R I E S \ W E S T NS judiciary moves on diversity NSBS HELPS TO FILL REFUGEE LAW GAPS W hen the federal government announced at least 35,000 Syrian refugees would be calling Canada home, the phones at the Nova Scotia Barris- ters' Society started ringing. At the other end of the line: lawyers look- ing to help. "People were interested in how they could become involved," says NSBS execu- tive director Darrel Pink. "Lawyers have become engaged with the issues." The outpouring of interest, however, needed to be supported by insight into the legal problems and related requirements. "It became clear if we could put together some basic education it would enable lawyers to know what they didn't know or to provide basic services," Pink says. Late last year, the law society did just that. It hosted "Filling the gaps: A work- shop on refugee law" in partnership with local community organizations. Accord- ing to the invitation, the workshop organizers "identified a number of gaps in the provision of legal services to immigrants and refugees in Nova Scotia." The workshop was designed to be a first step in addressing these gaps by increasing and developing expertise in refugee law and by building a roster of trained lawyers who can offer pro bono or low bono services in these areas. "We're not suggesting by attending one workshop lawyers will be competent immigration lawyers, but there are lots of other needs," says Pink. "A little bit of information," he adds, "is better than no information." Sixty lawyers turned out for the inaugural effort to fill gaps. "That shows a huge commitment by the profession," says Pink, noting that there are not many lawyers in the province who practise refugee and immigration law. Although the influx of Syrian refugees created a significant and immediate need for legal services, that need will not abate as they settle into their new home- land. According to Nova Scotia's immigration minister Lena Metlege Diab, "immi- gration is a top priority for Nova Scotia, because it has to be." "There is a certain pressing imperative," Pink says. "It struck us as something where we could play a role." — DM

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