Summer Secondments 2002
The following students have elected to participate in external secondments as part of this year's summer program:
Shadrin Brooks - FM Vancouver Office
Those of you who have been to Vancouver in the summer will understand why I jumped at the chance to spend the month of August working at the Vancouver office of Fasken Martineau. But it wasn't just geography that helped me select my secondment; I was also curious to see how it would differ from the Toronto office, and how the practice of law in the two cities would compare.
My first day at the Vancouver office was spent meeting with the other summer students and with some of the lawyers and other staff members. Although most of them were quite busy, everyone had at least a couple of minutes to meet the new guy and welcome me aboard. After meeting more people than I would be able to remember, I was shown to my office and given some time to get settled. It didn't take me long to get comfortable as I looked out my window at Vancouver's busy harbour and mountainous north shore.
One of the highlights of my summer turned out to be a short assignment from Allan McEachern, former Chief Justice of British Columbia. This allowed me to not only meet one-on-one with him in his office, but to also do some research for one of the greatest legal minds in the country. As with the rest of the lawyers I met, Mr. McEachern was friendly and supportive, and I found myself wishing I had just a little more time to work with him.
I now look forward to returning to the Vancouver Office in two years' time after completing a clerkship at the British Columbia Court of Appeal. I also feel good knowing that I will continue to stay in touch with the great friends I made in Toronto and may even have the opportunity to work with some of them again as part of a national (and increasingly international) team of top-rate lawyers.
Andrew Cappell - Department of Justice
It's generally true that an average day at the office at Fasken's does not involve chatting with undercover drug agents or working on cases involving trucks full of stolen diapers. For a month this summer, however, I was lucky enough see a completely different side of the legal world during my secondment to the Federal Crown Attorney's Office at the Department of Justice.
On my first day, I was assigned to a desk at the DOJ's Toronto headquarters in the Exchange Tower, but quickly found out that the vast majority of my time would be spent at the Federal Crown's Office at Old City Hall. The pace in that office is frantic, with a steady stream of defence lawyers and police officers filing in and out to discuss their cases. On those occasions when the Crown Attorneys had the office to themselves, it was not unusual for a heated debate to break out about some current issue in criminal law. The atmosphere was informal and collegial, and I always felt comfortable offering my opinions during those debates even though I was the new guy in town.
The Federal Crown is responsible for prosecuting matters arising under the Controlled Drugs and Substances Act, so many of their cases have to do with drugs. Very often, however, drug cases also involve related Criminal Code offences, so there is a lot of variety in the work that the Crown Attorneys do. The assignments I was given included contacting police officers who were members of drug squads to ask for their assistance in providing evidence and giving their opinions as to how to dispose of cases. I also had a variety of research assignments, including one regarding informer privilege and another respecting sentencing. Along with the research, however, the Crown Attorneys I worked with made sure that I got to spend a lot of time in court watching trials.
I'm extremely grateful for having had the opportunity to work for the DOJ. I have nothing but appreciation for the Crown Attorneys who made my time there such a great experience, and to Fasken's for making it all happen.
Daniel Fabiano - Hydro One
Hydro One, where I spent much of July and part of August for my summer secondment, is among the five successor corporations to Ontario Hydro. In 1999, as part of a restructuring of Ontario's electricity industry, Hydro One took on the transmission, distribution and energy services business of the old entity. Hydro One is the leading electricity transmission and distribution company in Ontario with the second largest transmission system in North America and serving 1.2 million customers and spanning about 75% of the province.
Sounds like a lot of electrical engineering? Not so. Enter the lawyers.
The Law Department at Hydro One coordinates the legal side of this massive enterprise, dealing with a wide range of topics, from real estate, to pensions, to litigation, to corporate wheeling and dealing. Wielding only my computer keyboard, I was charged with settling dozens of outstanding property damage accounts through Small Claims Courts across the province. My days were spent analyzing police reports, preparing Statements of Claim and other court documents, and advancing the files through the process. I also helped sift through corporate records to collate documents on the recent sweep of municipal transmission/distribution purchases that Hydro One made province-wide. My time at Hydro One gave me a first hand view of corporate legal work from the inside-out.
Conveniently located behind the Eaton's Centre, Hydro offered many temptations. From the picnic on my first day, to the coffee circuit, to cannoli and cookies, the folks at Hydro Law made sure that my body and mind were well-nourished. Thank you to Faskens and the good people at Hydro One!
David Faye - EDS Canada Inc.
Monday, July 29th. 8:30 a.m. Out of habit, I arrived at the Fasken Martineau offices on what was supposed to be the first day of my secondment at EDS Canada.
Monday, July 29th. 8:38 a.m. Out of breath, I arrived at the offices of EDS Canada, eager to start and thankful that I was still on time!
EDS Canada is one of the country's largest and most respected information technology services companies. While the name may not be familiar to the average consumer, EDS delivers IT solutions to a variety of companies across diverse industry sectors. EDS could be the company that facilitates electronic payments at your favorite retail store or at your ATM. You may have called a technical support hotline staffed by EDS employees. An order you placed through a major e-commerce website may have been processed by EDS's systems. In short, you may have been served by EDS without having been aware of it!
My interest in intellectual property and information technology law made the secondment a natural fit. Under the supervision of Richard Austin and Stephen Spracklin, I was given varied work assignments that not only put my background in computer science to use, but also provided me with first-hand insight into the intersection of business, technology and the law. In addition, the environment was significantly different from what I had become used to at the firm - EDS's in-house legal department consisted of five lawyers serving a single client (EDS Canada) on a wide variety of issues.
Major assignments included analyzing and conducting research on laws affecting technology outsourcing agreements, and assisting with discussions between EDS and a panel of government representatives. If these descriptions are somewhat vague, much of the work remains confidential!
While the four weeks passed very quickly, the experience was a memorable one. I would like to thank Sally and Ian Kyer for presenting me with this opportunity and working with EDS to arrange the secondment. Thank you also to the legal department at EDS, especially Richard and Stephen, for your enthusiasm, support and encouragement.
Beth Gleeson - FM London, England Office
This summer I was fortunate enough to spend the month of August on secondment at the firm's London England office. It was truly an experience of a lifetime! This trip was my first experience in Europe and it surpassed all of my very high expectations.
The opportunity to work in the London office was a perfect way to finish off an amazing summer. The London office is located right in the heart of the city, seconds north of London Bridge and right beside the Monument that was built to memorialize The Great Fire of 1666. Having only two partners and two associates, the office has a very intimate environment with a strong focus on teamwork. As a student entering the office, I was really appreciated the opportunity to work so closely with such experienced and accomplished partners. Everyone in the office was very quick to make me feel like part of the team. My work included corporate and securities work on files that had both Canadian and European elements. In addition, I learned to appreciate the unique marketing issues that a Canadian firm faces while operating in a very large European market.
Living in London for four weeks was an unbelievable experience. My amazing flat was located on the Piccadilly Tube Line, just minutes away from Piccadilly Circus, Oxford Circus, Regent's Park, Buckingham Palace, and so many other great London attractions. It is almost overwhelming how much there is to see and do in London. Everywhere you turn there is so much beauty and history! I was very fortunate in being able to experience so much of London's culture. My highlights definitely include the many galleries and museums, touring Westminster Abbey, the Parliament Buildings, going to the theatre, including seeing A Midsummer's Night Dream in Shakespeare's Globe theatre, and, of course, my weekend outings to Greenwich and Bath.
My trip to London was topped off by a quick eurotrain trip to Paris for 5 days! Seeing the Eiffel Tower, walking along the Seine, seeing the Mona Lisa in the Louvre, and eating on the Champs Elysee were great ways to finish off an incredible summer!
Thanks to everyone in the London and Toronto office who made this phenomenal experience possible!
Jason Kee - PricewaterhouseCoopers
During my summer at Faskens, I had the distinct pleasure of spending the month of June at the Office of the General Counsel of PricewaterhouseCoopers Consulting Canada. Not only did this secondment allow me to experience the life of in-house counsel first hand, it was made particularly fascinating as my secondment coincided with a period of major transition for the firm (and, in fact, for the entire consulting industry at-large).
Formerly known as Management Consulting Services ("MCS"), PwC Consulting was the Management and IT Consulting branch of the PricewaterhouseCoopers organization. To avoid potential conflicts inherent in simultaneously offering auditing and consulting services, and in response to the increasing stringency of independence requirements, MCS was separated from PwC and was renamed PwC Consulting. The final stage of this separation was to be incorporation followed by an Initial Public Offering ("IPO"), whereby PwC Consulting would become a publicly-traded company completely distinct from its former parent. (Ed. note: On July 31, 2002, it was announced that IBM would purchase PwC Consulting and the IPO would not take place).
As I arrived at PwC Consulting a few short months before the IPO was scheduled to occur, the timing provided me a fantastic and rare opportunity to witness an IPO in progress from the client's perspective. To prepare for the imminent separation, the Counsel's Office was updating all of their precedents and standard form agreements. Accordingly, I drafted arbitration rules and provisions, met with consultants to devise binding electronic communication clauses, produced detailed policies and procedures on the avoidance of conflicts and establishment of 'ethical walls' for PwC Consulting staff, and formulated legally enforceable confidentiality provisions. This was extraordinarily gratifying, as not only did I gain invaluable drafting experience, but my efforts had immediate practical effects.
Beyond practical experience, the time I spent at PwC Consulting also gave me exposure to what can be referred to as 'the business side of the law'. The office was a maelstrom of activity, with consultants dashing in and out, constant business meetings, and an ever-present stream of staff in to see counsel, and I found the atmosphere both fascinating and invigorating.
While the month of June passed quickly, my experience at PwC Consulting was very enjoyable and highly memorable, and I would highly recommend this secondment to any summer student with either an interest in in-house counsel or consulting. I would also like to express my sincere thanks to thank Sally and Ian Kyer for arranging this experience for me, and the wonderful legal team of Stephen, Kathryn, Valerie and Sue at PwC Consulting for welcoming me into their fold, providing invaluable insights into the work, their support and encouragement, and for keeping a sense of humour amidst a whirlwind of change.
Noah Klar - Ontario Human Rights Commission
After a whirlwind two weeks of orientation at the Firm, I found myself on secondment at the Ontario Human Rights Commission (OHRC) in downtown Toronto. Although it is located just a stone's throw from Bay Street, the OHRC proved to be a world unto itself, providing me with a unique and wonderful experience.
The Legal Services Branch of the OHRC provides assistance for complainants coming before the Human Rights Board of Inquiry, established under the provincial Human Rights Code. Twelve counsel, a legal assistant and a clerk work towards the elimination of discrimination, harassment and other human rights violations in employment, accommodation, and services. Complainants who file a Human Rights claim are given access to mediation, and an opportunity to seek both compensation and public interest remedies aimed at preventing further instances of discrimination. Moreover, a complainant may be a party to a public hearing regarding his or her claim, and this empowerment is perhaps the most meaningful accomplishment of the Ontario Human Rights Code.
Within only a few days, I was engaged in compelling, and at times emotionally-charged, legal disputes. Among the many cases in which I was involved were allegations of discrimination, systemic racism and sexual harassment in a workplace. I had the opportunity to witness and assist in various stages of the complaint process: the initial investigation, the assessment of witnesses, mediation, a hearing before the Board of Inquiry, and judicial review of a Board's decision.
As one of only 2 law students at the OHRC during the months of May and June, I was struck by the informal and non-hierarchical atmosphere among the staff. It was not unusual to come across impromptu gatherings of lawyers and students discussing a point of law or a recent film release. Above all, the OHRC lawyers always welcomed my questions, challenged my understanding and made me feel as though they valued my opinions.
The Fasken's summer secondment program is an unbelievable opportunity. Not only are students able to delve into a specific area of law, but they are granted the opportunity to experience the law from a different perspective. While I left merely to increase my knowledge, I returned with lessons, skills and ideas that will supplement my growing knowledge of legal practice.
Tessa Kroeker - Centre for Law & Public Policy, Jakarta, Indonesia
This summer, I participated in Fasken's summer secondment program and had the exciting opportunity to work in Jakarta, Indonesia for the month of August. Indonesia is a country known more for its corruption scandals than for its attempts at legal reform and I wondered what it would be like to work for a non-governmental organization that is trying to improve the legal system. The organization I worked with is known in English as the Center for Indonesian Law and Policy Studies (PSHK). PSHK started in 1998, at the end of the Soeharto regime and the beginning of the move towards democracy. PSHK's projects include: constitutional and democratic reform, participation in the anti-corruption commission and legal empowerment of citizens. The organization is comprised of a group of young people full of energy and great optimism. I found their enthusiasm contagious, and it was thrilling to be a part of this organization. I gained a great respect for PSHK - the people involved and their hard work has garnered them greater respect by the government in a system that traditionally views non-governmental organizations with suspicion rather than approval.
My first jet-lagged day in Jakarta was spent familiarizing myself with PSHK's projects, as well as having a crash course in Indonesian politics and the legal system. Lawyers in Indonesia do not have formally organized institutions such as bar associations to support the legal community. Instead, current Indonesian laws and regulations undermine the role of legal professionals and there is an inherent distrust of lawyers. Lawyers are not viewed as equals with other legal actors within the system due mainly to historical reasons. PSHK hopes to change this, and has submitted a draft proposal to the government which recommends, among other things, to have bar associations responsible for requirements such as bar admission tests, and for ensuring the competency of individuals practicing law. As part of my work with PSHK, I provided comparative research regarding various bar associations on issues such as developing a code of ethics, disciplinary hearings, legal aid and the formal structure of the associations.
I also contributed to a project dealing with the reformation of non-profit laws. Presently, the non-profit sector in Indonesia does not enjoy tax breaks or any other exemptions to encourage financial support by the community. I wrote an article for PSHK's journal regarding the current state of philanthropic laws in other countries, and in Indonesia, with recommendations for change. In addition, I began research on the dissemination of information to the public regarding laws, regulations and court decisions. Presently, there are no laws requiring the publication of new laws and many of the Indonesian laws are still in Dutch with no translation. PSHK is examining new structures that would allow for one government publishing company and greater public access to legal information.
Despite the many reforms that still need to take place, my time with PSHK provided me with a real sense of hope. Indonesia is in a period of immense change and it was rewarding to be a part of an organization that is helping to bring about democratic reform. I learned invaluable lessons from my Indonesian colleagues - ones that I will apply in my legal career. I would like to thank Faskens, especially Sally, for her support in allowing me to spend my secondment abroad.
Karen La Caprara - Dispute Resolution Office
From my desk at the Dispute Resolution Office (DRO), the constant growth and the valuable impact of alternative dispute resolution on the legal community could not be more apparent. The number and variety of mediation and conflict resolution programs within the Ontario Public Sector is astounding. The DRO contributes to these programs in many ways. Among other things, it runs training programs for Ontario Government employees, with topics ranging from "conflict resolution in the workplace" to "mediating in the public interest", it is available to act as a mediator specializing in workplace disputes such as sexual harassment claims and it maintains an updated list of Ontario mediators and their areas of expertise, which it uses as a reference for parties who are in search of a neutral third party. As well, with its extensive ADR library, the DRO operates as a source of ADR information for all of the Ministries in the Ontario Government.
With many changes occurring in the DRO office and in the Government of Ontario's approach to ADR, the timing of my secondment was perfect. The recently appointed director of the DRO, Beth Beattie, spent the first nine years of her legal career at Fasken Martineau and just recently completed her LLM in Dispute Resolution. With this background, Beth served as a wonderful supervisor and provided me with a great deal of insight into how mediation and other methods of dispute resolution are incorporated into the practice of law, in both the private and public sectors.
Much of my time at the DRO was spent researching ADR initiatives in the Ontario Public Sector. I was impressed by the extensive use and success of mediation programs used by the Ministry of the Attorney General itself and by other Ministries. I also assisted in the preparation for, and observed, conflict resolution training sessions provided for senior civil servants and interns. As well, I had a wonderful opportunity to meet with and observe mediators at the Information and Privacy Commission (IPC) and the Financial Services Commission of Ontario (FSCO). Discussing the successes and challenges of mediation and observing actual mediations supplemented the knowledge I had gained through my research of ADR initiatives.
Thank you to both the Dispute Resolution Office and Fasken Martineau for giving me this valuable secondment opportunity. It added tremendously to my overall summer experience and I am certain that the legal perspective I have gained will serve me well in the future.
Robert Millard - FM New York Office
Working and living in New York City is an opportunity that not many people ever have. It was an opportunity that I was fortunate enough to have as I was chosen by Fasken Martineau to work for four weeks with the dynamic team of Phillipe David, Ralph Glass and Jacques Rajotte - all exceptional lawyers and wonderful people.
The office is located in the heart of the legal and financial district on Park and 52nd Street in the Seagram Building, an architectural landmark. Faskens was able to secure a lovely apartment a short walk away to make my daily commute more like a daily glimpse into the local colour of the "city that never sleeps".
The primary focus of the office is on corporate and securities law. I assisted in the closing of a deal that involved a major North American superstar, provided research material and precedents on other major deals and took control of a pro bono international law file. At every turn and with each silly question I had, everyone was extremely helpful and supportive. Our conversations, often over a scrumptious lunch or an afternoon coffee, taught me the intricacies of doing business in America, living in New York City, and just as importantly, great moments in Canadian hockey!
But of course, my stay was not filled completely by work. New York is an alluring city that quickly captures your interests and sends you into a whirlwind of site-seeing, dining and adventures. Some of the highlights included seeing Mickey Mantle and Reggie Jackson play at the old-timers Yankees game, experiencing the Fourth of July (the fireworks were amazing), viewing the cityscape from atop the Empire State Building (á la "Sleepless in Seattle"), laughing at the antics of David Letterman with Robin Williams at the Ed Sullivan Theatre, feeding pigeons in Central Park, eating oysters at the Oyster Bar in Grand Central Station, having my portrait drawn in Times Square, pushing to the front of the crowd to watch Woody Allen direct a movie, dining on fresh pasta in Little Italy, shopping on Fifth Avenue, and of course, seeing the musicals Chicago and Les Miserables on Broadway. Paying $12 US for a beer was also a personal highlight.
The entire experience is one I will not forget. I want to thank Fasken Martineau and Sally for sending me to New York and a warm thank you to everyone for making me feel so welcome and my experience so much more meaningful.
Jamie Pennell - Department of Justice
Just two weeks in and still wet behind the ears, I packed my bags and headed northbound in search of The Exchange Tower. It wasn't long before I realized that The Exchange Tower was no more than a stone's throw away from the TD Bank Tower - in fact, it's pretty much located directly across the street. Having recently completed student orientation at Fasken Martineau, I was now set to begin my secondment with the Department of Justice (DOJ). After being introduced, I was then escorted to what would become my stomping grounds for the next month ... the bustling Old City Hall courthouse, reputed to be the busiest courthouse in the country. Within half an hour of my arrival, I was seated in Bail Court. I was looking for a wealth of courtroom exposure (and maybe even some drama) and that's exactly what I got. Day in, day out, I moved from courtroom to courtroom, courthouse to courthouse. I quickly learned what it truly meant to "fly by the seat of your pants" - an expression which aptly describes the day in the life of a Federal Crown at Old City Hall.
The lawyers at Old City Hall form part of the Ontario Regional Office (ORO) of the DOJ which represents the federal government in a wide variety of matters affecting departments and agencies of the Government of Canada that operate within the Province of Ontario. Litigation is the primary, but not exclusive, function of the ORO. The majority of the 300 lawyers practice law in the courtrooms or tribunals of Ontario in matters ranging from criminal prosecutions for importing narcotics to multi million-dollar civil actions in negligence, from public issues involving the Canadian Charter of Rights and Freedoms to tax appeals involving major corporations of this province. Lawyers are given a great degree of independence and responsibility early in their careers.
With over 70 lawyers, the Criminal Prosecutions Section is the largest section in the ORO. As a law student eager to become fully engaged, I often helped with preparations at every stage of the trial process - from speaking with police officers to setting trial dates, right through to attending trials with the lawyers.
The greatest thrill was undoubtedly when I got to participate in the jury selection for a drug-related trial taking place at the Ontario Superior Court of Justice. I also had the opportunity to take part in a pre-trial conference call with a Judge and two defence counsel posted in Nunavut. Finally, it was extremely educational to observe the innovative Toronto Drug Treatment Court Program, which substitutes intensive court-supervised treatment, rehabilitation and monitoring instead of jail time for non-violent drug addicts who get involved in drug-related criminal activity.
I'd like to take this opportunity to thank the entire gang at Old City Hall. Everyone there took the time to ensure I got intimately involved in virtually every aspect of their practice. It was an experience I will not soon forget. It goes without saying that I am also indebted to the wonderful people at Fasken Martineau who organized this secondment and ensured my experience would be a memorable one.
Erin Porter - Ontario Human Rights Commission
I feel very fortunate to have helped celebrate the fortieth birthday of the Ontario Human Rights Commission (OHRC) this summer during my secondment. While I was there, I was given a great deal of hands-on experience: I sat in on two mediations, heard testimony at a hearing and participated in pre-hearing conference calls. I was also able to speak with complainants and draft minutes of settlement.
There was, of course, some research to do at the OHRC as well. However, it was all very interesting because it focused on contemporary issues. Each issue presented new challenges and I was impressed with the knowledge and expertise with which the lawyers and staff addressed each problem.
It wasn't all work, though, as I was also able to participate in a conference with people from all departments of the OHRC. This gave me an opportunity to talk with intake workers, members of the mediation and policy teams, and to eat a great steak lunch on the lawn in the sun!
Most importantly, the lawyers there were always eager to sit and discus their cases with me, whether it was in their office over texts and files, or down the street having dim sum. I appreciated the friendly, relaxed attitude that permeated the office. I am grateful for the opportunity and for the knowledge that I gained there.
David Randell - FM New York Office
"I want to wake up in a city that doesn't sleep..." - Frank Sinatra ("New York, New York")
My June secondment to New York provided exactly that opportunity, and also brought with it unforgettable experiences. First and foremost I must extend enormous thanks to the "Fabulous Five" in the New York office (Philippe, Ralph, Jacques, Petrina and Barbara) for making my stay in mid-town Manhattan both unique and exhilarating.
With a few weeks left in the school year I was informed that my summer experience at Fasken's would include twenty-nine nights and thirty days in New York. Unfortunately (or fortunately, depending on what perspective you take) Business Organizations and Evidence were taking a back seat to intensive internet searches regarding June events and happenings in New York. Based on the advice of many, including the New York partners, it was important to have an itinerary of things to accomplish prior to arrival. Not a problem. As an avid sports fan I made sure the Yankees and the 2002 NBA Draft were in the mix. Little did I know these events were only the beginning.
Although the office practices Canadian law much of my time was spent getting to know about the American side of things, in particular the ins and outs of listing a Canadian Company on the NYSE and the recent corporate governance scandals throughout the United States. The days were full but never overly long, and Philippe frequently came by my office at about 10:30 a.m., asking whether "Starbucks" was of interest.
Client development is an important aspect of the New York office, and as a result I was able to attend some great events and benefits. The Volunteer Lawyers in the Arts evening, and the Canadian Society of New York Annual Hockey night were definite highlights. At the latter, I was able to meet 2002 Canadian Men's Hockey Olympic Gold Medalist Martin Brodeur and other current NHL players. The evening itself was dedicated to Hall of Famer Larry Robinson. Having the chance to speak with him and other great hockey heroes of days past was every Canadian kid's dream.
I was fortunate enough to have a few close friends in New York already so there was no time wasted. There was never any shortage of things to do: Letterman, lunchtime Sheryl Crow concerts, the US Open at Bethpage Black, Broadway shows, Sundays in Central Park and the numerous rooftop BBQs were always a blast. It was also great to head back to the apartment (so graciously provided by Fasken's) that overlooked the East River, the Chrysler Building and Trump Plaza. The apartment was particularly handy when my family came down from Halifax for a weekend visit.
In retrospect, my work filled days, numerous activities and late, but fun-filled, nights are a testament and positive proof that New York indeed is the city that doesn't sleep.
Daniel Rankin - Information and Privacy Commissioner of Ontario
I started my secondment with the Information and Privacy Commissioner's office (IPC) only one week after I began my summer at Fasken Martineau. This potentially awkward transition actually went rather smoothly for me thanks to the patience of Sally Woods and the people at the IPC. I am really very pleased that it worked out because I found the experience extremely rewarding and educational on a number of levels.
The IPC is an independent body with the purpose of upholding and promoting open government and the protection of personal privacy. The Commissioner is given powers by the Freedom of Information and Protection of Privacy Act (FIPPA) and its Municipal counterpart (MFIPPA). Currently this mandate involves resolving access to information appeals, investigating privacy and government compliance issues, educating the public about the IPC's enabling statutes and conducting research into proposed government legislation and programs.
This mandate has expanded as a result of the Ontario government's announcement that it was passing privacy legislation intended to bind the private sector, which would vastly increase the Commissioner's jurisdiction. My time at the IPC was split between working on the Commissioner's current mandate and focusing on the potential effects of the impending legislation.
My first assignment at the IPC involved updating their case review system to make it more accessible to the tribunal services branch of the Commission. This project allowed me to familiarize myself with the legal aspects of the IPC's work and also to do something that would be of lasting value to the organization. I worked on a project aimed at forming a template for the Notices of Inquiry (NOI) which are sent out to the parties in any dispute before the Commissioner. The intention of the NOIs is to give the parties an overview of what courts have held in similar situations, to reduce duplication in litigation, and to give their cases direction.
While I was working on these projects, I was also attending meetings which dealt with all aspects of the upcoming legislation and other privacy issues. I was able to discuss compliance issues with representatives from a major multinational corporation, technology issues with a software company, ethics and guidelines with a professional association, and policy issues with a number of experts. I was also able to watch cases evolve in all stages from complaint screening to a request for leave to the Supreme Court of Canada.
I would like to extend my thanks to Bill, Ken, Mary, Lata, Alysia and Wendy for all of their guidance and support. My time at the IPC was a truly valuable experience and I would recommend it highly to anyone looking to gain a deeper perspective into this area of the law.
Lorne Rose - Ontario Native Affairs Secretariat
On June 14, 2002, the Ministry of Indian Affairs and Northern Development (INAC) introduced in the House of Commons the proposed Specific Claims Resolution Act to facilitate the settlement of Aboriginal claims across the country. The following day Robert D. Nault (Minister of INAC) introduced the First Nations Governance Bill. The Bill attempts to reform the 126-year-old Indian Act. On July 3, 2002, the results of a controversial B.C. referendum on treaty negotiations were released. On July 8, 2002 I began my secondment at the Ontario Native Affairs Secretariat (ONAS) amid a whirlwind of Aboriginal issues.
ONAS supports the Minister Responsible for Native Affairs. It provides corporate Aboriginal policy development and management support, and negotiates and settles land claims. The Secretariat also monitors self-government negotiations led by the federal government. ONAS is made up of five separate branches: the negotiations branch, the corporate aboriginal policy and management branch, the aboriginal federal relations branch, the legal services branch and the communications branch. I was placed within the legal services branch of ONAS reporting directly to David Carson, its Director.
The Legal Services staff was friendly, approachable and incredibly helpful. I thoroughly enjoyed the work I was given, as it not only tapped my previous aboriginal legal knowledge but also advanced it. The legal services staff is a hard working bunch, thoroughly committed to advancing the understanding of Aboriginal law and its implementation within government and elsewhere in Ontario and Canada. The chief perk of my secondment at ONAS was receiving daily newspaper clippings from across Canada concerning any and all Aboriginal issues. I have never been so fully immersed in such a relevant Canadian subject matter for such a length of time.
Overall I consider my time spent at ONAS an invaluable experience. I'd like to thank Faskens for giving me this opportunity, and the staff at ONAS for making the transition from the private to public sector so smooth and for furnishing me with such interesting and thought provoking work.
Jason Tan - FM London, England Office
During the summer of 2002, Fasken Martineau provided me with the incredible opportunity of working at the FM office in London, England. This secondment proved to be a tremendously valuable experience for me both personally and professionally.
My introduction to the FM London team took me by storm! At the time of my arrival, the resident partners John and Derek, and the two associates on secondment Jodie and Lori, were closing a large international deal, so I was immediately thrown into action, trying to help out wherever possible. I can remember being particularly struck by the London team's profound level of dedication to their work, their high standards of practice, and their closely-knit co-operation. After this intense closing period passed, I began learning on a more in-depth level the ins and outs of the London office's international practice through exposure to their work on international securities matters, their advising of clients on business organization and incorporation matters, and their facilitating of foreign clients' use of commercial instruments in Canada. Particularly rewarding for me was delving into the nuts and bolts of securities law disclosure requirements for mining Technical Reports, while at the same time attempting to be John's "Outsourcing Expert." These experiences quickly proved to me that the FM London office is truly an invaluable link between Fasken Martineau's Canadian operations and the international and European financial world.
Apart from my work activities, the city of London left me awestruck. Few cities in the world can rival London in terms of its historical importance, cultural diversity, and social activity. Everywhere you turn, monumental feats of architecture, such as St. Paul's Cathedral, Buckingham Palace, Westminster Abbey, and the Tower of London, are constant reminders of the history that has preceded you. The beauty of Oxford and Bath also lie only hours outside the city.
In terms of highlights, I was particularly fortunate to have been in London for the Queen's Golden Jubilee 4-day-long celebrations. Being in the front row of the throng of one million spectators at Buckingham Palace and witnessing the heartfelt reception the Londoners expressed for the Queen opened my eyes to how a monarchical system can coexist with a modern-day political democracy. Then World Cup fever rocked London. Suffice it to say that the ground actually shook in Leicester Square for each and every UK goal ... Ennnng-a-land! Finally, amazing club nights at Salsa Palladium and dance lessons with Liliana (UKA Salsa Champ) kept my spirits soaring! Thank you Fasken Martineau for providing me with such a memorable opportunity!
Charles Toth - Xerox Canada
This summer, I spent the month of July seconded to Xerox Canada in North York. It was a fantastic opportunity to examine the practice of law from a client perspective. Since Xerox has two in-house lawyers responsible for all of Canada, I was given a chance to work directly with experienced counsel on a variety of high-level matters.
Although best known for its photocopiers, Xerox is engaged in the document management business, offering a variety of document products, services and solutions that enhance business productivity, including digital and paper imaging devices, printers, fax machines, document management software and supplies, in-house production centres, developing online document repositories and analyzing how customers can create and share documents in the office.
I was able to work on a variety of matters with clients across the company on business law issues and Corporate Secretary requirements, including directors' and officers' duties, pension governance, audit committee composition, regulatory compliance requirements, supplier contract assignments, and PPSA registration.
Of course, the secondment was not "all work and no play". I had the opportunity to attend a social retreat in Niagara-on-the-Lake for the Canadian and U.S. legal departments. I appreciated being included in the candid discussions of the lawyers as they commented on their roles as in-house counsel and recent developments in the document industry. I also enjoyed the more informal events which included: using a deck of cards and tape to build the tallest structure capable of supporting a two-litre coke bottle (my team finished second), wine tasting at Peller Estates (I recommend the 1999 Dry Reisling), and watching a play, "The House of Bernarda Alba", at the Shaw Festival.
I would like to extend a special thanks to Dorothy, Sacha, Patti and Ingrid making me a part of the team throughout my stay. Quite simply, the Xerox Canada secondment provided an experience that cannot be copied!
Alysha Valenti - Monarch Construction Limited
For one month this summer, I had the pleasure of being seconded to Monarch Construction Limited. It was an amazing experience and an opportunity for which I am truly thankful. I have always had an interest in commercial real estate, and this was a wonderful opportunity for me to gain some experience from a development perspective and from a client perspective.
Monarch Construction Limited is a diversified real estate company whose major focus is new home construction and residential land development in Ontario. Monarch was founded in Toronto in 1917, and is a member of the Taylor Woodrow Group (U.K.). Monarch builds detached single-family homes, townhouse and high-rise condominiums, and is involved in the construction and management of commercial properties, including office, industrial and retail space. Monarch truly demonstrated itself to me as a company that strives for excellence and value, while delivering a high-quality product to its customers.
The legal department at Monarch Construction Limited is charged primarily with corporate and real estate work. There are two lawyers at Monarch, so I was presented with an unparalleled opportunity to work closely with them on projects, and to experience the daily legal operations and challenges of the company.
It was very interesting to meet with some of the people involved in real estate projects, such as engineers, builders, land planners, and architects. Learning about the legalities surrounding each of these individuals in their occupations provided me with insight on the transactions and showed me the interaction and co-operation required for such endeavours.
While at Monarch, I was exposed to many areas of corporate and real estate law. My work primarily centered on leasing and condominium issues. I was involved in the launch of the Carrington Condominiums and the Equinox Condominiums, and I attended the roof topping for the Aqua Condominiums. I assisted in updating the declaration for the Tanglewood II Condominiums to bring the document in compliance with the current Condominium Act, and I prepared memoranda on Monarch's liability in various co-ownership agreements and leases. As well, I analysed a confidentiality agreement, and prepared a report on the implications of partition and sale.
Taylor Woodrow is a U.K. company, which allowed me the opportunity to research the OBCA and the CBCA to ensure that Canadian policies are in compliance with similar U.K. policies. One of the most interesting and rewarding projects that I worked on was drafting two leases, one for the rental of land, and one for the rental of a sales trailer for a development project. I drafted the leases in their entirety, and presented them to a land planner. Then I entered into negotiations with the other parties to amend the leases, eventually resulting in two lease contracts.
Overall, Monarch was a wonderful work environment where I was made to feel part of the team from the day I arrived. David and Joyce were wonderful mentors, and I am very grateful for the opportunities that they gave to me and for my time spent at Monarch.
|
|