Summer Secondments 2001
The following students participated in external secondments as part of their summer program:
Andrew Alleyne - Innovations Foundation
For the month of July, I had the pleasure of participating in a secondment with the Innovations Foundation (IF) at the University of Toronto. The Innovations Foundation is a corporation owned by the University of Toronto, which was formed to help members of the UofT community commercialize their intellectual property. IF works in several areas including biotechnology, the physical sciences and information technology and telecommunications. They work to combine the skills of academia in various technology sectors with practical business skills to bring new technologies to the market.
My introduction to IF was through the Internship Stream of the University of Toronto's Centre for Innovation Law and Policy's Summer Fellowship Program, which partners summer students with a high technology client from their respective firms.
My secondment to IF was very much a learning experience. I arrived at IF on the Tuesday following a long weekend to find an environment very different from the firm that I had just left. I had just gotten used to the pampered life of a summer student and suddenly I was asked to do everything for myself with no support staff and no Sally Woods to turn to when I was in trouble. My first week was occupied with giving myself a crash course in licensing law and drafting. During the next two weeks I reviewed an endless stream of licensing agreements. It wasn't until my last week that I got to the part that I enjoyed the most, namely the drafting of one enormous memo where I got to hold forth as a newly minted expert on licensing law.
I really enjoyed working with the people at IF, their business development officers are not only great people, they are also very skilled. Virtually everyone who worked there had at least two degrees and most had at least a masters degree in a scientific field, if not their doctorate. I was especially impressed by the president of IF, Dr. George Adams, who has an instinctive appreciation for inventive commercial solutions to all sorts of problems.
Prior to my experience at IF, I had no idea how complicated it was to bring even the best ideas to market. Now that I've seen the hard work that goes into it, I am eager to continue working with new ideas and technologies and to help new ventures through the legal challenges that face them.
Sarah Armstrong - Summer Secondment at Interight
This summer, Fasken Martineau gave me the opportunity to spend the months of July and August working as an intern at Interights, the International Centre for the Legal Protection of Human Rights, in London, UK. My internship provided me with an opportunity to explore my interests in human rights law as well as the opportunity to live and work in one of the world's busiest and most exciting cities.
Interights is an international human rights law centre established in 1982 to promote the legal protection of human rights and freedoms worldwide through the effective use of international and comparative human rights law. Interights assists lawyers, judges, non-governmental organizations and victims in the preparation of cases before national, regional and international tribunals; submits amicus curiae briefs in cases raising important issues concerning the interpretation of fundamental rights; offers representation before regional and international tribunals; conducts workshops and seminars on the techniques associated with the use and interpretation of human rights law; and publishes materials to ensure that developments in human rights law are widely known.
While at Interights, I worked closely with Ibrahima Kane and Chidi Anselm Odinkalu of the organization's Africa program. My primary task was to do research and prepare working papers for an upcoming workshop on Economic, Social and Cultural Rights in the African Charter that the organization is hosting with the African Commission on Human and Peoples' Rights. I explored the definition and core contents of the rights to health, education, work and property as well as some of the legal issues surrounding AIDS and human rights. I was also invited to participate in several of the organization's board meetings, legal strategy meetings and brown bag lunch discussions on a range of human rights issues. One of the highlights of my internship was the day I attended the Royal Courts of Justice to hear Lord Lester of Herne Hill QC, President of Interights Board of Directors, argue a freedom of expression case on behalf of the Mayor of London, Ken Livingston.
After work and on weekends, I found that there was no shortage of things to occupy my time. London has some 3,700 pubs, 2,900 shops, 159 theatres and 8,500 restaurants. Some of the highlights for me were: dinner at Wagamama's; Pimm's and Lemonade at the many pubs near my residence on the South Bank; experiencing real "open-air" performances of King Lear and Macbeth at Shakespeare's Globe Theatre; and listening to one of the fabulous BBC Proms at Royal Albert Hall. On the weekends, I went on a number of day trips with friends to Paris, Bath, Cambridge, High Wycombe, Windsor and Eaton and Brighton.
All in all, my secondment was a fabulous experience. Not only did I have an opportunity to work for two months at a fantastic legal organization, I got to spend my spare time exploring an incredibly lively and exciting European city. I can't wait to go back!
Robert Ben - Canadian Civil Liberties Association
Between May 28 and June 22, 2001, I was seconded to the Canadian Civil Liberties Association (CCLA) as part of the University of Toronto Public Interest Advocacy Program of which Fasken Martineau is a sponsor.
With a staff of only four, the CCLA welcomes law students with open arms. During my four week secondment, I shared the relatively limited office space with two other students who were completing their articles. There was no shortage of interesting work.
To support an initiative to lobby for reform of the public complaints process against police misconduct, I was given the task of researching the extent to which disparities exist between public complaint dismissals and successful civil claims decided on the same facts. As complaints against the police are not public, this necessitated contacting likely complainants directly.
I was further enlisted to research the legislation applicable to a proposed internal audit of the police complaints process to ensure that potential barriers to a full review would not obscure the substantive issues.
Finally, I spent a significant portion of my time developing a comprehensive survey of the law of employee workplace privacy in Canada which included an examination of employer practices such as on and off-site surveillance, email and internet monitoring, lifestyle discrimination, drug, alcohol, and genetic testing, etc.
Much of the above work was in the nature of, what I refer to as, "due vigilance" -- although it did not always have immediate, direct, or specific application, it was nonetheless necessary background work that would allow for timely response when the relevant civil liberties issues ripened.
I found my time at the CCLA to be highly stimulating and rewarding. In large part, this was due to the atmosphere of enthusiasm created by the wonderful staff. In particular, general counsel Alan Borovoy had the effect of instilling in me a heightened awareness of the importance and responsibility of preserving civil liberties in Canada. In my view, his intellect and commitment are both inspirational and unmatched.
I would recommend the CCLA to other students considering secondments provided they are comfortable working independently and with little supervision. CCLA is a fabulous place to immerse oneself in the "big picture" of law in a democracy.
Shelley Black - West Park Hospital
This summer, I was one of two summer students to be seconded to West Park Healthcare Centre. I have always been interested in the healthcare field and as such, this secondment was a wonderful opportunity to gain insight into the legal issues faced by hospitals in Ontario. Upon arrival at West Park, I met with members of the management team and discussed some of the legal issues of concern to them. Following these meetings, I selected a project that was of particular interest to me.
West Park is in the final construction stages of its new long-term care facility. In conjunction with the construction of this facility, the Hospital had entered into numerous agreements dealing with the financing, construction and maintenance of the new facility. My project involved a review of these agreements and the preparation of a report highlighting the key aspects of each agreement. This report was presented to Hospital Management. Through this process, I was exposed to issues relating to health-care, financing, government grants, construction and commercial real estate.
My greatest learning experiences, however, were related to the many interesting people I had the pleasure of meeting. I had fascinating conversations with doctors, nurses and other caretakers that provided different perspectives on the healthcare industry.
On my lunch break, I would often stroll the beautiful grounds and speak to patients, many of which were recovering from severe injuries as a result of accidents, often dealing with issues of amputation and paralysis. These people provided me with a great insight into their personal struggles and triumphs. Overall, this secondment was an enriching experience both professionally and personally.
Sarah Bradley - Department of Justice Secondment Report
This summer I participated in a fascinating six-week secondment to the Department of Justice, Criminal Prosecutions Branch at Old City Hall.
The Old City Hall office handles the initial hearings of all Federal prosecutions in Toronto, which consist predominantly of drug offences, but also offences under the Immigration Act, Firearms Act, Income Tax Act and other Federal statutes. The Federal Crown Attorneys appear in the regular courts, which take place daily at Old City Hall. The Crowns perform regular file management such as preparing disclosure, contacting investigating officers and conducting pre-trial conferences with defense counsel, and also argue prosecutions daily in City Hall's two regular Federal Trial Courts. In addition to these daily appearances, the lawyers are also periodically assigned to prosecute more serious cases, which are scheduled for multi-day trials. In total, twelve lawyers and five support staff perform all these tasks from a five-room office. It is a busy, busy place.
Of course, there is more to the Department of Justice than the Old City Hall branch. The Department's main Toronto offices are located in the Exchange Tower, where all of the Crown attorneys, including those assigned to "the Hall", have offices. I found the Tower offices very similar to most law firms, with good library and boardroom facilities. Fortunately for me, there was an opening for a student at the Hall, and that's where they sent me.
During my time there, I worked at whichever desk happened to be unoccupied, doing research and helping the lawyers in preparing disclosure packages for the twenty or so new files that the office received each day and vetting them to remove any information which could identify victims or informants. I sat in on pre-trial conferences and also regularly accompanied the Crowns to the various courts in the building, assisting them and getting a feeling for the operation of the courthouse. I had the opportunity to watch some of the most renowned criminal lawyers in the country at work and gained a greater appreciation for the Charter of Rights and Freedoms. I was also randomly assigned to emergency duties, such as tracking down case briefs, lawyers or police officers and generally got to know most of the "regulars" at the Hall. Every hour of every day was different from the one before - it was an exciting place to work, and an incredible opportunity to see another side of the practice of law.
Ian Campbell - Downtown Legal Services
This summer I was seconded to Downtown Legal Services. It was a fabulous experience and an opportunity for which I am very thankful.
Downtown Legal Services (DLS) is a community legal clinic that operates in co-operation with the University of Toronto. The clinic provides services for those who can not otherwise afford a lawyer, in both criminal and civil matters. In many ways it is probably quite similar to the student clinics found at law schools across the country.
As a student at the University of Toronto I had been involved in the clinic since I entered law school. That being said I found working full-time at the clinic to be quite a different experience, providing me with the opportunity to focus my attention on clinic work without having the distractions of both work and school.
In my four weeks I worked on both criminal and civil files covering everything from academic offences to wrongful dismissal claims. On the criminal side I dealt with charges ranging from assault to uttering death threats to criminal harassment. Working on these files provided me with an excellent opportunity to get hands-on experience in both advocacy and negotiation.
In terms of my specific experience, I conducted two criminal trials, did numerous guilty pleas and Crown pre-trials, argued for bail variations and conducted negotiations to settle a wrongful dismissal claim. I also had the opportunity to try my hand at legal drafting, composing both letters and motions, including a section 9 Charter claim.
I have learned a great deal over the last several weeks and, with no hesitation, recommend this experience to future summer students. If there are any University of Toronto students who think that this may be of interest to them, then please contact me, I will be more than happy to assist them in making the necessary arrangements.
Whether it be at the University of Toronto or another school, working at the student clinic can provide you with both an excellent learning experience and a very different perspective on the practice of law.
Joël Dubois - Sunnybrook and Women's College Health Sciences Centre
For four weeks this summer, I had the unique and wonderful opportunity of being seconded to Sunnybrook and Women's College Health Sciences Centre. It being one of country's largest hospitals, I was eager to see the various legal issues that such an institution faces.
During my stay at Sunnybrook and Women's College, I worked on several different projects, including hospital, physician and director liability. For example, I was asked to research and compile a list of acts which impose upon physicians a legal obligation to report certain events and circumstances. Thus, The Ontario Physician's Mandatory Reporting Guide was created. I had the privilege of working with a policy-making task force of the hospital, the Chief of Emergency Services and the hospital's Vice President Corporate Performance and Chief Financial Officer.
One of my goals for the summer was to see and experience the different perspectives of health law that exist in the office at Fasken Martineau and in a hospital where the day-to-day events occur. My secondment at Sunnybrook and Women's College enabled me to fulfil this goal and to acquire practical experience in this fascinating area of law.
It is for these reasons I would encourage future students to participate in a secondment and specifically, a secondment at Sunnybrook and Women's College.
My secondment experience was a complete success!
Daniela Follegot - Dispute Resolution Office, Attorney General (Ontario)
The Dispute Resolution Office (DRO) of the Attorney General was my base in the month of June. Arguably the DRO is at the cutting edge of dispute resolution - offering an unparalleled opportunity for students.
From the day I arrived, I realized what a warm and welcoming atmosphere I was to share in during the weeks ahead. This small group - composed of five people - is charged with resolving disputes, providing training and designing dispute resolution systems within the provincial government. Led by its director, Elana Fleischmann, the group tackles pressing issues facing the public sector.
Perhaps the most rewarding part of my secondment was the progression of the activities I was involved in. I began by observing and participating in the training of senior civil servants. This training, coupled with a session on dispute resolution in health care, provided the foundation for my term. At each session I met experienced individuals who took time to explain how dispute settlement is changing the face of law.
Throughout the month I compiled and reviewed provincial legislation involving dispute resolution mechanisms. These summaries will later be publicly available to better inform the public of the province's services. It was surprising to realize the extent of dispute settlement in the public sector.
At the end of my term, I observed two different forms of mediation via the Financial Services Commission of Ontario and the Information and Privacy Commission. The mediators gave me an insight into the complexities of mediation and growing developments in this very popular field. By ending my secondment in this way, I was able to appreciate the training I had been privy to and came away with a more complete experience.
Through my secondment I developed a new perspective of the law, one that will, I hope, inform my practice in the years ahead.
Mona Kumar - FM London Office
In July, I headed on secondment to the London, England office. Once in London, I was immediately struck by the city's culture and history. London is a city of great historical significance and the buildings and architecture are striking reminders of London's rich past. London is also known for its vibrant culture with an enormous variety of theatres, museums, pubs and restaurants. Living and working in London was a great experience, both professionally and personally.
The London office is situated in the heart of the City, just near the London Bridge and St. Paul's Cathedral. My work in the London office included corporate and securities work on files that had both Canadian and European elements. I learned more about the considerations one must make when looking at the law of several jurisdictions. The lawyers in the London office also provided me with valuable insight into the practice of law in an international context.
My work experience was, of course, complemented by heavy doses of touring and London culture. Some of my favourite activities included my trip to the Tower of London, the Tate Modern and a day trip to the historical city of Bath. I visited several of London's diverse neighbourhoods, from the up-scale area of Kensington to the lively areas of Covent Garden and Soho. I was also able to catch a few shows and visit with friends and family. Most importantly, I was fortunate enough to do have a month of good London weather and only needed my umbrella on a handful of occasions!
Thanks to all the members of the London and Toronto offices who provided me with such an incredible work opportunity. I thoroughly enjoyed my secondment and my visit to London and I would highly recommend it to other students at Fasken Martineau.
Marc Legare - New York, New York
New York City is, well, New York City. It seems like everything in the world is happening there. My June secondment at the New York office was truly amazing.
To start with, the office environment is completely different than Toronto. New York has 3 partners and 2 support staff, which means that "working together" has a special meaning. Everyone was very helpful and supportive and I was well taken care of, not only during working hours but after hours as well. The Office offers a unique opportunity to work very closely with the partners. I was involved primarily in corporate dealings and found that the small office environment offered me the chance to gain a "big picture" view of the process. I had the chance to be involved in several educational conferences that gave me an understanding of the US system and how clients conduct business in New York. The work experience at the office definitely broadened my perspective and I believe the experience will be most beneficial in the future. I also had the chance to assist with client development as well. Perhaps the highlight of my client development experience was my lunch with the Premier of Manitoba!
Of course, there is the world outside the office, and I made sure to try and "see it all", which is impossible to do in just one month, or even a lifetime. Nonetheless, I managed to take in much of what New York has to offer. The Metropolitan Museum is truly second to none, and the buildings and architecture hold your attention endlessly. The Empire State Building is very impressive, but personally, the Chrysler Building made more of an impression on me.
The sights and sounds of the city are truly something to behold. The City is everything its reputation says it is. It's big, fast, bold, brash, alive and has a pulse all its own. Every day, evening, and weekend there are hundreds of events to choose from and you just need to walk around the corner to see something new.
My secondment exceeded my expectations!
Many thanks to Phillipe and Ralph for being such excellent hosts.
Catherine McAteer - Environmental Commissioner of Ontario
My secondment was with the office of the Environmental Commissioner of Ontario (ECO) in their legal department. It is an office that truly practices what they preach with a compost bucket in the kitchen, two-sided printing, and not a paper towel in sight.
The ECO is charged with monitoring governmental compliance with the Environmental Bill of Rights (EBR). The EBR recognizes that the people of Ontario have a common goal in protecting the environment for future generations and gives them environmental rights that are unique within Canada. The EBR also protects the public's "right to know" and requires governmental ministries to inform the public of environmentally significant decisions.
The month of June was an exciting time to be at the ECO. When I arrived, the office was deeply immersed in preparing the first draft of its annual report, which had to be sent to the 13 ministries for comments two weeks after I started. I was assigned to work on several of the decision reviews, which are 3-4 page reports that examine environmentally significant government decisions on new Acts, regulations, policies and instruments (e.g. permits, licenses, orders, and certificates issued by ministries). The task for ECO staff is to examine whether the particular ministry involved followed the proper procedures for informing the public and considered the comments that were made, as required by the EBR. The reviews I worked on will be included, in an edited form, in the 2000-2001 Annual Report which is going to be released at the end of September 2001. (Moreover, the upcoming annual report also includes reviews prepared by Rob Cooper and Sean Grayson, students who worked at the ECO in the summer of 2000.)
At the same time, the legal department was preparing for an intervention at the Supreme Court of Canada in the case of Hollick v. City of Toronto. The case is a class action against the City for damages arising from discharges from the Keele Valley Landfill site. The plaintiffs are relying in part on the public nuisance provisions in the EBR, which allow for private individuals to bring actions for public nuisance without permission of the Attorney General and without demonstrating specific damages (which are the traditional requirements for the tort of public nuisance). The ECO intervened to explain its position on the interaction between the EBR and the Class Proceedings Act. The Ontario Court of Appeal had interpreted the EBR in a way that would prevent it from being used in class actions, despite evidence that the legislators envisioned that the two would be used together.
In my last week at the ECO, the Commissioner released a special report to the Legislature entitled "Broken Promises". The report dealt with the Ministry of Natural Resources' failure to classify its instruments as required by the Environmental Bill of Rights. Under the EBR, five ministries were required to identify which instruments under certain prescribed Acts would have the most significant environmental impact and classify them accordingly. For example, a Class I instrument requires less public consultation than a Class III instrument, such as a dam. The failure to classify instruments means that MNR is not required to post them on the Environmental Registry for public comment and the public cannot apply under the EBR for a review of these permits. The report attracted significant media attention and I was fortunate to be allowed to attend the press conference at Queen's Park when the report was released.
In addition to assisting with the Annual Report, I prepared several notices for the Registry on appeals of decisions and court actions that involve the EBR. My major project for the secondment was to revise and update a paper written by lead counsel at the ECO, which will be presented at an Environmental Law Conference in the fall. It is entitled, "The Nuts and Bolts of the Environmental Bill of Rights" and serves as an overview and guide to the Act, the Registry and the ECO, in general.
I would definitely recommend the Environmental Commissioner's Office for future secondments. It was interesting to see a different application of the law and to observe the role of lawyers on a multi-disciplinary team such as the ECO. The lawyers at the office were very welcoming and made a concerted effort to demonstrate the workings of the office and to expose me to the wide variety of work in which they are involved.
Sean McGarrity - Summer Secondment in London, England
I'm sure you can imagine my excitement when I was given the opportunity by Fasken Martineau to live and work in London, England. It became difficult to focus on my final exams, especially when reading English decisions of Lord Denning or one of his colleagues from the House of Lords! This adventure would become my first travel experience outside of North America.
It all began when I stepped outside of Victoria Station where, in one quick scan of my surroundings, there was a large red public telephone booth, a famous black cab, and the infamous double decker bus roaring noisily past. I was definitely in London, England and the city would, over the following month, prove to live up to all my expectations.
Living and working in London is fascinating! You are immediately struck with how the city incorporates its long history with the modern day. The mix of modern music, fashion, and the club scene seem to fit in effortlessly with the absolutely stunning architectural and historical wonders. London is able to accommodate every possible taste and interest.
It was impossible to stay in the student flat for very long with so much to do and with everything so close by. Located near the intersection of Regent and Oxford Streets, the student flat was within walking distance to Oxford Circus, Piccadilly Circus, Regent's Park and Soho and it was not much farther on foot to travel to Buckingham Palace, the Horse Guards Parade, Westminster Bridge, Big Ben, Trafalgar Square, Leicester Square, Hyde Park and a ton of other places. Of course, just about everywhere is accessible via London's incredible public transit system and "The Tube."
Only five stops along the Central Line of the Tube will take you into the heart of "The City" which is the financial centre of England, if not Europe and the world. It is here, directly across from the Monument that memorializes The Great Fire of 1666, that Fasken Martineau's London office is located. The office consists of two partners, an associate, and two support staff which makes it small and collegial. For a student, it was an especially dynamic experience to have so much contact with such experienced lawyers and the opportunity to be directly involved in some very exciting and interesting securities and corporate files. Dubbed by Fasken Martineau partner, Derek Linfield as "the Canadian Wrapper King", I had the opportunity to become familiar with International Offering Memorandums, making applications to both the Ontario and Quebec Securities Commissions, and of course putting together Canadian Wrappers among other securities and corporate work.
Both professionally and personally, it was an incredible experience at the London office of Fasken Martineau and something I will remember forever.
Scott Mitchell - Ontario Human Rights Commission
This past summer, I was seconded to the Ontario Human Rights Commission. This was a truly wonderful experience for which I am extremely thankful.
During my one-month secondment with the Commission, I participated in a variety of diverse and interesting files involving things ranging from systemic race discrimination to exotic dancers. My time at the Commission was quite informative. I was able to experience several different aspects of the practice of law. I performed several of the standard tasks assigned to students like research memoranda and facta; however, I also was involved at a more preliminary stage of some of the files. These tasks involved aiding several of the staff lawyers with the investigation of, and gathering of evidence relating to, certain complaints made to the Commission.
My time at the Commission not only provided me with an invaluable learning experience, but also it gave me the ability to experience a different perspective on the practice of law. This was a wonderful opportunity.
Brad Moore - Vancouver Secondment
This summer I had the opportunity of spending four weeks with the Vancouver FM office. For the summer, I selected a litigation rotation with the firm and was pleased to have the opportunity of comparing my Toronto and Vancouver experiences. As well, who could ignore the allure of the West Coast in the summer? I was not disappointed on either count.
While in the Vancouver office, I had the chance to do some personal injury research, work for an upcoming arbitration, and I even found myself calling a client and providing information about a garnishing order. I also had the opportunity to research and learn about Rule 18A of the BC Court Rules, which allows for summary judgment in prescribed circumstances on discrete issues or sometimes on the case generally. Since one of my goals was to work on an issue that was unique to the jurisdiction, this research was perfect because there is no exact equivalent to Rule 18A in Ontario. In the process I got to review procedures in another jurisdiction while gaining some perspective on the rules of my own.
More than anything else, the people in the Vancouver office made my trip worthwhile. Everyone was friendly and welcoming, and the tightly knit student group made me feel like a part of the 'crew' the whole time. I enjoyed finding out more about practicing law in Vancouver, and I think people were equally curious about my experiences in Toronto.
When I wasn't in the office, I enjoyed as much of beautiful British Columbia as I could. I managed to go canoeing off Vancouver Island, boating in the Interior, and jogging along Kitsilano Beach. I even endured the famous (infamous?) "Grouse Grind". To say the least, it was a great experience on every level.
Rikin Morzaria - India Centre for Human Rights and Law in Mumbai, India
This summer as part of the firm's secondment program (in conjunction with the University of Toronto's IHRP), I was privileged to spend almost two months with the India Centre for Human Rights and Law (ICHRL) in Mumbai, India. The ICHRL is an NGO that provides legal aid assistance to people who have suffered human rights abuses, conducts independent inquiries into government activities, and serves as a resource centre for other human rights organizations in India.
I arrived in Mumbai at 12:30 a.m. on Sunday June 17, 2001 and hailed a taxi at the airport to take me to the flat where I would be spending the next 7 weeks. As if to let me know my life in India would not run with the same precision as it does in Canada, the taxi ran out of gas in on the way home. The taxi driver abandoned the taxi to find more gas, leaving me with my overactive imagination alone in the cab. Fortunately, once he returned, the rest of the ride home was somewhat uneventful, apart from a lively debate over the fare, which I lost -- I guess I still have a lot to learn about the art of negotiation.
The next morning, I found my way to the ICHRL, which was located in a school in the Dongri region of Mumbai. Prior to arriving at ICHRL, I had very little idea exactly what my role would be with the organisation. When I entered the office, I stumbled in on a meeting of the Criminal Law Unit headed by the department head, Dr. Yug Chaudhry. Dr. Chaudhry had just joined the ICHRL after returning to India from a teaching position at Oxford University. He explained to me that the Criminal Law Unit was dedicated to providing legal representation to prisoners who had not been provided with adequate representation by the government, and to improving prison conditions in India. A few minutes later, I became the newest addition to the Criminal Law Unit.
Ironically, my first assignment had little to do with Criminal Law. Rather, I assisted in finding statistics to support a "right to food" case that was to be argued before the Supreme Court of India in a few weeks. The ICHRL had brought a petition asking the court to declare that the Constitution of India guarantees every person a right to food, and that the government has a corresponding duty to satisfy that right. Over the next few weeks, I worked on creating educational materials on prisoners' rights, critiqued a model prison bill, and drafted a wrongful death petition against the local police force. However, my most memorable assignment did not come from the Criminal Law Unit. The Indian Peoples' Tribunal on Environment and Human Rights, organised by the ICHRL, sent me to the Kach region of the state of Gujarat, which had been devastated by a severe earthquake in January. Along with a team of four other people, I spent 8 days in rural villages, finding and interviewing people who would be willing to speak at a public tribunal about their experiences with the government's relief efforts following the earthquake. Unfortunately, we found that most people continued to live in tents that they had been provided shortly after the earthquake, and that most of the rubble continued to rest where it had fallen almost six months earlier. Many villagers complained of corrupt government practices and most were still awaiting access to clean drinking water. Needless to say that this experience put a lot of my own "problems" into perspective for me.
My experiences outside of work were just as memorable as the experiences I had at the ICHRL. Before I left for India, a fellow summer student described India as a place that "you love and hate" simultaneously and that "gets inside you," and for me that was very true. From the foods, to the street vendors, to the bold colours worn by Indian women, every day that I spent in India was an awakening of senses. During my time there, I met many incredibly generous and sincere people. Probably the most difficult thing to deal with in India was the constant sight of children living in poverty.
The entire experience is one that I am very grateful I have had. It has put a lot of things into perspective for me, and I have learned things in India that will stay with me for the rest of my life.
Jodi Murray - West Park Hospital
I spent the warm month of July in the quiet, cool comfort of West Park Healthcare Centre. After the hectic pace of May and June, the Hospital seemed absurdly peaceful. It took some time to adjust to, but I nevertheless enjoyed the luxury of having time to do all the research I could imagine to provide answers to the Hospital's questions.
I worked on a variety of interesting questions related to the Hospital's risk of liability in many different contexts. I was able to work with the Hospital's Assessment Centre to evaluate and revise their Patient Consent Forms to determine their sufficiency in protecting the Centre from liability. I was also asked by the Assessment Centre to evaluate West Park's obligations with regards to handwritten physician notes on patient files.
The vast majority of my work at West Park was for the Professional Practice Group. I was asked to review the proposed Trans-disciplinary Documentation Guidelines and Forms to determine whether any gaps exist in the proposed charting forms in comparison to the various professions' clinical record guidelines. I was also asked to provide the Centre with advice as to whether or not West Park exposed itself to risk of litigation with the inconsistent use of certain forms by all the professionals who work at West Park. While I'm not yet qualified to provide proper legal advice, I still enjoyed exploring these interesting questions, and can't wait for a couple more years of training so I can properly provide them with a legal opinion!
This secondment is ideal for students who are self-motivated and independent. This was a great opportunity to be exposed to health issues facing hospitals -- especially in the context of physically working in a hospital environment -- cafeteria food and all!
Jamie Nelson - Secondment to The New York Office
New York's primary industry is money...and I felt it from the moment I arrived. From the dazzling 24 hour light display in Times Square to the opulence of the Waldof Astoria Hotel, New York City quickly marginalizes the spendthrift. Fasken Martineau's Park Avenue office was no safe haven from this and I found myself, almost immediately, involved in a multi-million dollar file.
The New York office is small (with only three partners); however, this was to my benefit as I got to work closely with partners on complex issues. Watching them interact with clients and other lawyers was a tremendously valuable learning experience.
I dealt directly with clients, with other lawyers, and with securities commissions. I even helped give form to the provincial policies relating to the very recently adopted National Instrument 35-101 dealing with exemptions for U.S. broker-dealers. I loved this level of responsibility and truly got a taste for the practice of law. I also got a great look at Canadian law from an international perspective.
The experience I gained during my four weeks in New York was immeasurable. Not only did I get the opportunity to marvel at the sights and sounds of the Big Apple, but I also learned skills that will serve me well in my future practice.
Editor's Note: Jamie's description is sadly lacking...I understand he and Jill greatly enjoyed the New York nightlife as well!
Jeanette Teh - Ontario Human Rights Commission
As part of Fasken Martineau's secondment program in co-operation with the Public Interest Advocacy Internship at the University of Toronto, I was fortunate enough to spend five weeks at the Legal Branch of the Ontario Human Rights Commission (OHRC). The OHRC, a provincial government agency, was established to administer and enforce the Human Rights Code through the investigation, mediation and settlement of complaints. The overarching mandate of the OHRC is to eradicate discrimination in society through public education and the promotion of human rights.
My first week at the OHRC was spent attending a motion hearing at the Board of Inquiry for a sexual harassment case, my first exposure to civil litigation. Later, I had another opportunity to watch a cross-examination on a systemic racial discrimination matter as well as an accessibility case at the Court of Appeal.
I was also involved in the evidentiary analysis, research of pertinent legal issues as well as assisting with some re-examination preparation in the systemic racial discrimination case. My other experiences there included several research memos, reviewing a factum, and a research project on the enforcement of monetary remedies.
Coming from a primarily business-oriented legal education, I have been provided with a glimpse of administrative law, civil proceedings and human rights, all of which have provided me with an invaluable learning experience. The people with whom I worked demonstrated an impressively staunch commitment to ameliorating the human rights environment and were incredibly welcoming towards having me as a part of their team during my time there.
Melisse Willems - Montreal Office Secondment
During the summer of 2001, I spent the month of June at our Montreal office, where I had the chance to get to know the other students pretty well, and they had a chance to practice their English!
Montreal is a fabulous city and I really enjoyed the opportunity to experience the city as a resident, and not just a tourist. My experience was not just a secondment but an exchange of sorts. Not only did I use the work space of one of the Montreal students who had come to Toronto to work during the same time, we also lived in each others' apartments. I hope Hilal enjoyed living with my three housemates - I know I enjoyed his two bedroom apartment, complete with my very own laundry room!
While in Montreal I worked on projects in many areas of law, including international trade and investment, securities regulation, civil procedure, sale of goods, and intellectual property, among others. I also had the chance to delve somewhat into the Quebec Civil Code, which provided some interesting comparisons to Ontario's common law system.
My time in Montreal was, of course, not all work. Fortunately, I was able to explore the city and take in some of the sights. In addition to the obligatory shopping expeditions (Montrealers are very chic) I went to the Botanical Gardens, the Insectarium, the Biodome, and the Old Port. I also enjoyed a Montreal Expos game, but had some difficulty deciding which team to cheer for as the visiting team was the Toronto Blue Jays! Finally, no visit to Montreal would be complete without a day spent at La Ronde, Quebec's largest amusement park. In fact, my visit to Montreal would not have been complete without two days spent at La Ronde, particularly the second day topped off with a beautiful fireworks display.
Before I knew it, June was almost over and I was already leaving the people and city I had befriended to return to Toronto. My secondment experience is definitely one of the highlights of my summer with Fasken Martineau. Merci!
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