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 M A R C H 2 0 1 7 7 A special committee of the Nova Scotia Court of Appeal is explor- ing the issue of self-represented litigants in prison and how to support these individuals while enhancing the appeals process. The result may well be the development of a protocol to help ensure consistency and fairness. "This is a huge challenge for us now," says Michael MacDonald, Chief Justice of Nova Scotia and the Court of Appeal. The idea of a protocol is a natural one for the appeal court. Its Bench/Bar Appel- late Procedures Committee has already developed one for allegations of ineffec- tive trial counsel. Many of the legal issues being raised by prisoners involve this allegation, notes MacDonald. "Appeals become quite a bit more complex when there is an allegation of ineffective counsel," he says. "We need to consider whether there should be fresh evidence, and there are also issues of priv- ilege and whether this has been waived." The current two-page protocol refer- ences important case law, including R. v. West and R. v. Fraser, and provides a six-step process to guide lawyers. "We felt it necessary to establish a protocol so that everyone knows the rules and that there are no surprises come the day of the appeal," says MacDonald. The protocol requirements are straightforward and spell out the role of the registrar, trial counsel and the court. The registrar, for example, must review all notices of appeal. As part of this review, the protocol states, the registrar will attempt to discern whether the grounds of appeal include allegations about the conduct of trial counsel. On the other hand, if Crown counsel becomes aware that an appellant is raising such issues, they must notify the registrar. The information in the protocol is essential for any lawyer involved in criminal appeals, says MacDonald. "It's mandatory reading if you're going to be in criminal appeal process." He adds that many of the appeals being brought forward by self-represented litigants in prison involve allegations of ineffective counsel. The seeds for the existing protocol and the new issue currently under review were sown more than 10 years ago when a Bench/Bar Special Committee was established to investigate processes for handling complex criminal reviews. Two years later, the committee released its final report, which was adopted by the appeal court. Three problems were identified by the committee in their report as the primary causes of undue delay between the filing of a notice of appeal and the hearing of the appeal: getting counsel on the file, getting the transcript pro- duced and making sure that counsel were diligent in pursuing the appeal. — 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 appeal court develops protocol for criminal appeals DAL NAMES FIRST CHANCELLOR'S CHAIR IN ABORIGINAL LAW AND POLICY T here is a new face roaming the halls at the Schulich School of Law in Halifax. Naiomi Metallic is Dalhousie University's first Chancellor's Chair in Aborigi- nal Law and Policy. The appointment is opportune. Action 28 of the Truth and Reconciliation Commission of Canada's report issued in 2015 recommends that Canadian law schools require students to take a course in aboriginal law. The Dal law school has also estab- lished its own Truth and Reconciliation Committee. "It all fits together very nicely. It's very timely. We need to do more work, and the law is fundamental to this," says Metallic. As chancellor, Metallic, who is from the Listuguj Mi'gmaq First Nation on the Gaspé coast of Quebec, will have four key areas of responsibility. She will contribute to teach- ing and research in the area of aboriginal law and identify opportunities to collaborate with other Dal faculties to offer interdisciplinary courses and conduct relevant research. As well, Metallic is expected to help build the profile of the Dalhousie University in the areas of aboriginal law and policy. Finally, the new position, made possible thanks to a donation by Dal's chancellor Anne McLellan, will help establish and strengthen relation- ships between the university and aboriginal communities in the Maritimes. It's a role for which Metallic, who continues to do some legal work with Burchells LLP, is well suited. "I have lots of connections formed over the last 10 years as a law- yer," she says. The five-year renewable chair is part of ongoing work Dalhousie has done to embrace a broader group of students, faculty and staff in recent years, including launching a strategic initiative on diversity and inclusiveness in 2015. "It sends an important message," Metallic says. "My presence puts an emphasis on indigenous issues. . . . It creates greater awareness." — DM

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