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Federation Approves Proposal For New Law Degree Program at the Université de Montréal

For the second time in a year, the Council of the Federation of Law Societies of Canada (Federation) has set the stage for development of a new common law degree program in Canada. The Council has adopted the recommendations of a committee that reviewed an application for a new program from the Université de Montréal. The Université de Montréal has been conferring law degrees in Quebec civil law since 1879 through its Faculty of Law and it now wants to issue law degrees in common law so its holders can apply for admission to law societies in common law provinces and territories.

The Federation’s recommendation for approval will now go to the individual law societies for their review and approval, as they have the ultimate authority to recognize Canadian law degrees conferred upon individuals seeking admission to law society bar admission programs.

Last year the Federation Council adopted committee recommendations that led to the creation of new common law programs at Lakehead University in Thunder Bay, Ontario and at Thompson Rivers University in Kamloops, British Columbia. Until then, it had been more than 30 years since a new faculty of law had been approved in Canada.

The committee report dealing with the Université de Montréal proposal, and the university’s submission, are posted on the Federation’s website.

Federation completes Model Code conflicts of interest provisions

The Council of the Federation of Law Societies of Canada has approved an update to the Federation’s Model Code of Professional Conduct (the “Model Code”) by revising the conflicts of interest rule to incorporate provisions that deal with acting against current clients (the “Current Client Rule”).

In 2009, the Model Code was adopted without a rule on conflicts of interest pending further study by the Federation’s Advisory Committee on Conflicts of Interest. That committee submitted reports to Council in June 2010 dealing with the rule on conflicts of interest and in February 2011 dealing more specifically with the Current Client Rule.

In March 2011, the Council directed the Federation’s Standing Committee on the Model Code of Professional Conduct to consider the reports of the Advisory Committee and the recommended formulation of the Current Client Rule. At that time Council adopted a rule on conflicts of interest as part of the Model Code, but without a Current Client Rule.

In November, the Standing Committee issued its report on conflicts of interest recommending a revised rule and changes to the definitions section of the Model Code. The Federation Council approved the Standing Committee’s recommendations at a meeting held on December 13, 2011. The report of the Standing Committee is available here. The mandate of the Standing Committee includes ongoing review of the Model Code.

The adoption of the Model Code by the Federation reflects a belief that the public should be able to expect the same ethical requirements to apply wherever their legal advisor may practice law. A number of law societies have implemented or are in the process of implementing the Model Code and it is expected that over time, any significant differences in rules of conduct across Canada will be eliminated.

Report submitted dealing with conflicts of interest rule

The Federation of Law Societies of Canada’s Standing Committee on the Model Code of Professional Conduct (the "Standing Committee") has submitted to the Federation Council its report dealing with the rule on conflicts of interest. The matter was referred to the Standing Committee by the Federation Council in March 2011.The Standing Committee’s report will be considered by the Federation Council at its next meeting on December 13, 2011. The report is available here.

New Federation President elected for 2011-2012 term

The Federation of Law Societies of Canada is pleased to announce that John J.L. Hunter, Q.C. of Vancouver has been elected President for 2011-2012. The new Federation President says national standards, access to justice and legal ethics are key issues for Canada’s law societies. Our news release is here.

Federation welcomes new Supreme Court justices

The Supreme Court of Canada's newest justices were welcomed to the nation's top court in a ceremony in Ottawa on November 14th, 2011. In his comments during the ceremony, the President of the Federation of Law Societies of Canada, Ronald J. MacDonald, Q.C. said that our strong and vibrant system of administration of justice is a precious gift we must never take for granted. The text of his remarks are available here.

B.C. Supreme Court says Canada's law society rules to fight money laundering are effective

The regulation of the legal profession by Canada’s law societies provides an effective and constitutional anti-money laundering and terrorist financing regime, the British Columbia Supreme Court has ruled.

In a judgment handed down September 27, 2011, the Court also said the application of the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the related regulations to the legal profession violate section 7 of the Canadian Charter of Rights and Freedoms, and is therefore unconstitutional. The complete BCSC decision is here.

The case was brought to Court by the Federation of Law Societies of Canada with support from the Law Society of British Columbia, the Barreau du Québec, the Chambre des notaires du Québec, and the Canadian Bar Association as intervening parties.

The news release issued by the Federation is here.

Common Law Degree Implementation Committee Submits Report

The Federation of Law Societies of Canada’s Common Law Degree Implementation Committee (the "Committee") has submitted its final report to the Council of the Federation. In accordance with its mandate, the Committee has developed a proposal to implement the common law degree national requirement for entry to law society admission programs in Canadian common law jurisdictions. This work, a key component of the Federation’s mission to develop national admissions standards, builds upon the recommendations of the Federation’s Task Force on the Canadian Common Law Degree which were adopted by Canada’s law societies in 2010. The Committee’s report will be considered by the Federation Council at its next scheduled meeting on September 15, 2011. The report is available here.

CanLII and the Federation to Defend Free Access to Law at the Supreme Court

CanLII and the Federation of Law Societies of Canada have been granted leave to intervene at the Supreme Court of Canada in SOCAN v. Bell et al., a copyright case to be heard later this year in which the Court will be asked to provide guidance on the meaning of “research” as a fair dealing user right under the Copyright Act.

CANLII is a non-profit organization created and funded by the Federation of Law Societies of Canada, on behalf of its 14 member law societies. CanLII is also a member of the Free Access to Law Movement, which includes the primary stakeholders involved in free, open publication of law throughout the world.

While the facts of the SOCAN case relate to online music previews and not legal research, the legal questions at issue include the meaning of “research” as a head of fair dealing and how, in the internet age, courts should balance copyright holders’ interests with user rights. CanLII and the Federation will argue for a large and liberal interpretation of the term “research” as set out in CCH v. Law Society of Upper Canada and in several other subsequent cases.

CanLII and the Federation will submit that the Copyright Act and its fair dealing provisions must be interpreted in conjunction with constitutional, administrative, and common law principles guaranteeing access to justice for all persons. Any restriction on access to legal information would violate these fundamental principles. The Federation's factum is here.

While the ability of the Federation to provide free access to Canadian law through CanLII is not under immediate threat, CanLII and the Federation are concerned about the detrimental impact on access to law and justice that could flow from a narrow interpretation of “research” and from a restrictive approach to fair dealing rights in respect of copyright material.

New President Named for Canadian Online Legal Research Service (CanLII)

The Canadian Legal Information Institute (CanLII) and the Federation of Law Societies of Canada are pleased to announce that Colin Lachance of Ottawa is CanLII’s new President, effective April 11, 2011. The announcement was made jointly by Sonia Poulin, the Chair of the CanLII Board of Directors, and Ronald J. MacDonald, Q.C, President of the Federation of Law Societies of Canada. The news release is here.