Canadian Lawyer

Regional wrap-up Atlantic Nova Scotia holds first human rights restorative hearing T he Nova Scotia Human Rights Commission held its first restorative board of inquiry in the fall. The initiative also made the national history books: It is the first time restorative justice principles have been used in this country for a human rights board of inquiry. It won't be the last. The commission is now moving forward with plans to train more members of its board and hold more restorative hearings. "Human rights matters are often perfectly fit for restorative justice applications," says David Shannon, director and CEO of the Nova Scotia Human Rights Commission in Halifax. "The Nova Scotia Human Rights Act is about the promotion and protection — and restoration — of the individual and family. That is the goal of restorative justice." In some ways, the commission's latest initiative is an end not a beginning. The organization is already using restorative justice techniques at the investigation phase of a complaint but wasn't certain if it would work at the hearing level. It is now. The process will be new to many lawyers. There is no table separating the parties, but there is a talking stick, which is held by the speaker. Lawyers do not need to worry about the talking stick, however. They are not allowed to say anything during the hearing. "The parties and their experience drive restorative justice," notes Shannon. "For lawyers, this will be a radical change." BARREAU WILLING TO EASE MOBILITY RESTRICTIONS F or the better part of a decade, the regulator overseeing the practice of law in Quebec has rejected the notion of full mobility rights for lawyers from other provinces and territories who wish to work in Quebec because it operates under a civil law regime instead of the common law tradition that prevails elsewhere in Canada. Now the Barreau du Québec says it is willing to eliminate its existing restrictions for lawyers from other parts of Canada and is enthusiastically lobbying for the unfettered movement of all Canadian lawyers from one part of the country to another. "I believe the time has now come for the Barreau du Québec to further evolve its approach to mobility in Canada by adhering to the original intent of the NMA (the 2002 National Mobility Agreement) They'd better get used to it. For the commission, restorative justice approaches are a mainstay — and gaining ground. "Restorative justice will fully penetrate all our practices," says Shannon. "It is now used almost 90 per cent of the time in the first phase. As board of inquiry members see the effectiveness and timeliness of the approach, it will be embraced by them." They will not be alone. Other provinces are taking a marked interest in the restorative justice approaches being used by the Nova Scotia Human Rights Commission. At least four, including Saskatchewan and Quebec, have requested training. "I really hope it takes hold," says Shannon. — donalee Moulton donalee@quantumcommunications.ca Central and giving full faith and credit to the admission decisions of Canada's other law societies," states Nicolas Plourde, bâtonnier of the barreau, in a letter sent to the presidents of all of Canada's law societies in November. "In this way, transferees to Quebec will be welcomed as full members of Quebec's legal profession, restricted only by their core ethical obligation that they practice law solely in areas in which they are competent." Plourde, a commercial litigator with Heenan Blaikie LLP in Montreal, began the push for change in earnest after his installation last June as the head of the barreau for 2012-2013. In addition to informal discussions with leaders of other Canadian law societies since then and the November letter, he's also ambitiously set March 2013 Continued on page 8 www.CANADIAN L a w ye r m a g . c o m Jan uary 2013 7

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