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 8 7 F or the first time in almost three decades, the Nova Scotia Barristers' Society has a new executive director. Lawyers in the province can expect new leadership and a new legal landscape. Tilly Pillay, former director of litiga- tion with the provincial justice depart- ment, says that while the road ahead for lawyers in Nova Scotia is veering sharply from what has come before, those changes have been discussed since she was NSBS president in 2014 and are now inherent in the way the society operates. "Council has a strategic framework. My job now is to make that strategic framework a reality," says Pillay, who officially took over the society reins earlier this year. "We need to put our resources in areas where risk is greatest," she adds. "We are already starting to shift resources to the front end. Firms now register when they open. We are developing a relationship." In addition to the move to a Triple P approach (which stands for proactive, principled and proportionate) and away from overseeing individual lawyers, the society is focusing its efforts on enhancing diversity and cultural competence. As a woman of colour, Pillay reflects the soci- ety's commitment to those values. "We're showing members [the society] is living up to its message. We have to do that across the organization." The Dalhousie law grad notes that the issues facing lawyers in Nova Scotia are both similar to those with which lawyers across the country are grappling and also unique. In particular are ongoing chal- lenges faced by African Nova Scotian and indigenous communities. Those chal- lenges were highlighted in the 1989 report from the Royal Commission on the Don- ald Marshall, Jr., prosecution. It's time to start taking the issue of systemic discrimination more seriously, says Pillay. Now, she notes, the tenor of the recommendations in the Marshall report have been reiterated by the Truth and Rec- onciliation Commission of Canada. "How many more reports and how many more recommendations do you need before someone does something about it?" Pillay's actions will be reflective. "Peo- ple need to know I will be careful and slow in articulating what is to come, but I will be focused." She will also be inclusive. Partnerships are central to her way of working. For example, Pillay believes the only way to address the systemic racism and related judicial issues in Nova Scotia starts from a collective foundation. Pillay, who worked with Nova Scotia Legal Aid before joining the Depart- ment of Justice, says the top spot at NSBS appealed to her for personal and profes- sional reasons. As president when "entity regulation" was first conceived, Pillay has been actively involved with the society's and the profession's transformation over the last four years. — 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 New NSBS head focused on the future NB MARIJUANA RULES DRAW CRITICISM Tilly Pillay N ew Brunswick is actively preparing for the use of recreational cannabis to become legal. Its new legislative framework comprises amendments to two existing acts and development of three new statutes, including the Cannabis Control Act that will control the consumption and use of recreational canna- bis. Lawyers are concerned, however, that some of the proposed requirements may be smoke and mirrors. Proposed regulations call for users to store their cannabis in a locked container in their home and amendments to the Motor Vehicle Act establish a drug-impaired driving program with a saliva test. Lawyers contend neither may be practical or enforceable. "New Brunswick should be cautious in a knee-jerk reaction to over-regulation of cannabis," says Michael Spratt, partner with Abergel Goldstein & Partners in Ottawa. Any laws concerning cannabis should be as least restrictive as possible, he adds. Gilles Lemieux, a criminal lawyer in Saint-Antoine Sud, N.B., notes that any attempt to control what happens in private homes would be met by strong resistance. "I believe that the legislation should closely mirror the Liquor Control Act and its points of sale should be strictly controlled by the province." Lemieux is not convinced the proposed regulations and legislation will ultimately be implemented. "They were met with so much skepticism that I'm not certain what the legislators have in mind going forward." For its part, the provincial government says the proposed new legislative framework, still winding its way through the approval process, is a balancing act. "This proposed legislation puts reasonable measures in place to protect our province's youth while ensuring it is used responsibly by adults," says Health Minister Benoît Bourque. — DM

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