The following students have elected to participate in external secondments as part of this year's summer program:
| TJ Adhihetty |
Department of Justice, Crimes against Humanity & War Crimes Section, Ottawa |
| Ben Bathgate |
Vancouver Office |
| Rosaline Bkila |
Vancouver Office |
| Ian Collins |
Center for Strategic and International Studies, Washington, D.C. |
| David Contant |
Toronto Stock Exchange, Advisory Affairs |
| Alysia Davies |
Information and Privacy Commissioner |
| Joanna Erdman |
Center for Reproductive Rights, New York |
| David Ferris |
New York Office |
| Sarah Gingrich |
London Office |
| Jennifer Goulin |
New York Office |
| David Gourlay |
Ontario Human Rights Commission |
| Reena Goyal |
Ministry of the Attorney General, Dispute Resolution Office |
| Alwin Kong |
Ontario Securities Commission, Enforcement Branch |
| Karoline Kralka |
MDS Inc., MDC Proteomics |
| Michelle Kropp |
Ontario Human Rights Commission |
| Benjamin Lee |
Hydro One Networks Inc. |
| Mairi MacGillivray |
MDS Sciex |
| Rakhi Pancholi |
Ministry of the Attorney General, Constitutional Law Branch |
| Christopher Sullivan |
Natural Resources Canada, Ottawa |
| Laura West |
Ontario Human Rights Commission |
| Edward Yanoshita |
London Office |
 |
TJ Adhihetty - Department of Justice, Crimes against Humanity & War Crimes Section, Ottawa
Ever had to prove that the Holocaust actually occurred? I did, and that was only Day 1 of my four weeks at the
Crimes against Humanity and War Crimes Section of the
Department of Justice in Ottawa. It was simply amazing. My eyes were opened to some of the horrific atrocities that humans commit upon one another. But with every cloud, there is always a silver lining. I spent a month with a team of hard-working professionals who have not only made it their jobs, but have dedicated part of their lives, to bringing justice to people who desperately need it.
I first became aware of the Section when its Senior Counsel gave a special lecture in one of my classes at Queen's. Being a sucker for international law, I was impressed by his presentation and very much intrigued by the work of his colleagues.
The War Crimes Unit is awesome. War crimes investigations in Canada are handled by three organizations: Justice, the RCMP, and Citizenship and Immigration. All three work together to hunt down and either prosecute or deport suspected war criminals living in Canada. RCMP War Crimes Unit together with the War Crimes Section at Justice investigates every complaint made, flies around the world gathering evidence, goes through historical records to track down suspects, and assists with prosecutions. It is a dedicated team of nine lawyers, six historians/analysts, and several support staff.
Cool facts about the War Crimes Section at Justice:
- It's like a mini-UN. The members of the unit come from all over the world. Several European and African scholars are presently with the Section.
- The lawyers and analysts fly around the world to help the RCMP gather evidence and witness statements. Although the work aspect of this travel is not always the best, imagine being sent to Europe or Africa or South America for two to three weeks.
The Justice unit is divided into three teams; Europe, Africa, and the Rest of the World (RoW). Each team includes Justice lawyers and historians/analysts in addition to RCMP officers. On my second day, the lawyers and historians had their bimonthly meeting and RoW reported on its activities. It blew my mind the type of cases that they were handling and the suspects that now reside in Canada. I heard of death squads, paramilitary groups, terrorist acts, rogue army intelligence units, secret government hit squads, torturers, murders, and on and on and on. It was an eye-opening hour or so.
The next day, the Americans came for a visit. The U.S. Department of Homeland Security is developing a similar war crimes investigation unit. The Human Rights Violators Unit is in its early stages and they were hoping to gain insights from the Canadian experience. All three Canadian units were present and the discussions were informative.
My first assignment was to prove that the Holocaust occurred. Pretty simple you might say, but then you add Ernst Zundel. Mr. Zundel, one of Canada's most well known Holocaust deniers, is currently in detention at the Canadian border [at the time of this secondment report]. He was living in the U.S. and wants to return to Canada. He is not a Canadian citizen and our government has issued a security certificate classifying him as a threat to national security. If the Federal Court, which is currently reviewing the certificate, upholds this designation, then Zundel will be sent to his native Germany where he faces charges for inciting hatred.
Zundel's defence team had indicated that they would be presenting a number of surprise witnesses. In his previous court appearances, Zundel had utilized "revisionist historians" (i.e. historians who believe the Holocaust did not occur or only a few hundred thousand Jews died). My task was to gather evidence from previous Zundel trials to debunk the revisionist theories. The allegations made by Zundel and his associates are designed to have the appearance of the truth and attempt to be based on historical evidence. I had to read up on such things as Third Reich command orders, Jewish migration patterns of the 1930s/40s, the definition of "Final Solution", and whether a nod from Hitler was good enough to constitute an order.
The following two weeks, I tackled numerous assignments regarding an investigation of a past atrocity in Bosnia. Team Europe (Justice lawyers and RCMP officers) had returned a few weeks ago with evidence and testimony from victims. My task was to go through the testimony, summarise it, and finally provide input regarding the credibility and reliability of the witnesses and the suitability for prosecution. I gained a whole new appreciation for what these people suffered after reading their own words. These are victims who underwent mortar attacks, saw their family members being murdered, were raped and beaten and witnessed civilians being mowed down by automatic weapons fire, among other atrocities.
My final week was assigned to reviewing the new decisions from the international criminal tribunals for Rwanda and the former Yugoslavia. The Section is preparing a legal opinion regarding the customary international law of command responsibility.
I want to extend my gratitude to everyone at the War Crimes Unit who made me feel welcome, especially Joseph Rikhof, Terry Beitner, Amelie Zinzius, Mark Biondich, and Olive Sonnenschein. Special thanks to the Fasken's Student Committee for making this possible.
Ben Bathgate - Vancouver Office
"And me without my golf shirts."
This first thought crossed my mind moments upon arriving at the Vancouver office and stayed with me for the duration of my secondment. As I soon found out, nothing could be a more fitting first impression of the community that put the DuMoulin in FMD.
In what became a very memorable month of June, I was given the incredible opportunity to immerse myself in both the distinct legal practice and the lifestyle that could only be available in the city of Vancouver. Having never previously visited the West Coast, I set out on this adventure as a working tourist, armed only with sun block 30, my cabana hat and a will to take pictures.
The students, lawyers and staff of the Vancouver office went to great lengths to make the transition smooth and comfortable. Through a combination of lunch seminars and informal gatherings I immediately found myself a part of a closely-knit group of people. I quickly began jumping in and out of several securities and litigation files, gaining firsthand insight into how the practice differed from that of the Toronto office. I particularly enjoyed the opportunity to engage in some creative research on a large multi-party action that was ongoing at the time. The challenge of adapting to British Columbia legislation and Civil Practice Rules was most welcome.
Outside of the office, a myriad of adventures awaited to raise both my spirits and blood pressure. A sunset walk down Kits beach became a nightly pastime. (Followed by a rather confused stroll through Wreck Beach) I also found the time to see a B.C. Lions game, Gastown, the Lookout Tower, U.B.C. and the trendy shops of 4th Avenue. On the weekends, invigorating excursions to Stanley Park, the Aquarium, Whistler and Grouse Mountain were on the itinerary. And what would a Vancouver experience be without a near heart attack while performing the 'Grouse Grind'.
The secondment proved to be as informative and memorable as I had hoped it would be. It truly was a unique opportunity and one that I will covet for some time to come. I would like to thank Sally for her tireless efforts in making the secondment a reality. I would also like to send a special thank you to Margo, Bruce, Davis, Allison, Mark P and Matt G. for welcoming me into their lives despite the absence of my golf shirt.
Rosaline Bkila - Vancouver Office
Having never been out to the West Coast, I knew the minute I stepped out of the airport in Vancouver that the next three and a half weeks were going to be incredible. The time I spent at the Fasken's Vancouver Office not only gave me the opportunity to compare the practice of law in the two cities but it also gave me a glimpse into what life is like without smog and traffic jams.
While at the Vancouver Office, I familiarized myself with their extensive labour department. I had the opportunity to research issues concerning the British Columbia
Labour Relations Code and participated in the discovery process on a major wrongful dismissal class action. Not only did I observe the application of statutes in a different province, I also examined the consequences of the inception of a new law. When I was asked to research the effects a new omnibus bill would have on the
Consumer Protection Act and Cost of Consumer Credit Disclosure Act, I had the chance to get the in-depth view of BC legislation that I was looking for.
The lawyers, students and staff of the Vancouver office made my experience even more enjoyable. They created a very welcoming work environment and were all very eager to provide advice and tips on how to make the most of my stay in Vancouver. Those words of wisdom were not wasted since I used ever last bit of advice they could give me.
When I was out of the office, there was always something exciting to do. It didn't hurt that I was living right smack dab in the middle of the Kitsilano Beach area. Nothing really compares to living a two minute walk from the beach, which has the most beautiful view of the North Shore Mountains. I also spent some Saturday mornings at Granville Island watching street performers and shopping at the local markets. Speaking of shopping. . . for those of us who like to indulge in the art of purchasing, Robson Street is a "shop-a-holic's" dream. My weekends were further packed with visits to Stanley Park, the Aquarium, UBC campus and the Museum of Anthropology. I also rented a car one weekend and drove myself up to Whistler. Let me just say, this born and raised Toronto girl is very proud that she conquered the twists and turns (and occasional falling boulders) of the infamous "sea to sky" highway.
I will forever be extremely grateful for this opportunity and I will never forget the people I met and the amazing time I had in Vancouver!
Ian Collins - Center for Strategic and International Studies, Washington, D.C.
What a difference 14 years makes; as I prepared to choose my summer secondment I had narrowed my possibilities to Moscow or Washington, a choice that would have been absurd only a generation before was now entirely conceivable. Of course what was also conceivable was the security threats one might face in either city, so, in the end, I chose to go to Washington where at least I could get home easily if I had to.
By the time my four weeks was over I wasn't sure I wanted to come home; my experience at the
Center for Strategic and International Studies (CSIS - no, not that CSIS) was truly amazing and provided with a window into the U.S. political world I would not have had anywhere else on the globe. CSIS is a non-partisan think tank with incredible access to policymakers and members of the U.S. military, both of which were very useful as part of the project on post-conflict reconstruction on which I was working.
The project began in 2002 with a commission report providing recommendations for how the United States could improve its post-conflict reconstruction capabilities in any situation. That report generated a lot of interest due to the situation in Iraq and led to the creation of the "Winning the Peace Act of 2003". One of my responsibilities at CSIS was to help marshal the bipartisan sponsorship of this legislation in both the House of Representatives and the Senate. In that capacity, I liased with Congressional legislative assistants, went to Congressional meetings, and attended a briefing of the Democrats in the House Armed Services Committee. I also set up a program on maintaining the momentum in Iraq with speakers from the Senate Foreign Relations Committee, the Washington Post, the American Enterprise Institute, and Amnesty International.
In short, my secondment was about being in a very interesting place at a very interesting time. I am truly thankful to Fasken's for providing this great opportunity and I encourage other students to think creatively about their secondments. Not only can students spend time in diverse and interesting places, but they also return to the firm with a much greater understanding of the role law can play in society. I can only believe that this will be of great value as I develop my practice in Toronto.
David Contant - Toronto Stock Exchange, Advisory Affairs
Toronto Stock Exchange and the TSX Venture Exchange are Canada's two national stock exchanges, both of which are owned and operated by TSX Group.
I had the privilege of working in the
Advisory Affairs department of Toronto Stock Exchange, the group responsible for providing services to listed issuers throughout their life on the Exchange. The department provides advice and assistance on any transaction involving a listed issuer's capital. This includes ongoing filing and reporting requirements, as well as assisting issuers in meeting their ongoing disclosure obligations.
Specifically, I had the opportunity to work on corporate governance disclosure obligations. This has been an extremely hot topic following the collapse of corporations such as WorldCom and Enron in the United States, and the introduction of new American legislation such as the Sarbanes-Oxley Act. I was able to participate as a junior analyst in a TSX survey of current corporate governance practices among listed companies.
It was an exciting time to be working at the Exchange Tower, with Barbara Stymiest (CEO of TSX Group) and David Brown (Chairman of the OSC) debating their respective approaches to corporate governance in both the National Post and the Globe & Mail on a daily basis. Only time will tell exactly what approach Ontario securities regulators will take, but it was an exciting time to be a part of a corporate governance project!
Thank-you to everyone in Advisory Affairs (particularly Scott, Robin, and Catherine) for welcoming me onto the team, and to everyone at Fasken Martineau for making this experience possible!
Alysia Davies - Information and Privacy Commissioner
I spent my last month of the summer in the Legal Services Department at the Office of the
Information and Privacy Commissioner/Ontario (IPC). The provincial Commissioner is Ann Cavoukian, Ph.D., who has recently co-authored a book called
The Privacy Payoff with Tyler Hamilton.
The IPC is an independent body that enforces Ontario?s Freedom of Information and Protection of Privacy Act and Municipal
Freedom of Information and Protection of Personal Privacy Act, both of which govern the public sector. The IPC investigates complaints, resolves disputes, orders compliance where there has been a breach, and conducts research and education on both privacy and access to information. I had previously spent a summer at the IPC, and jumped at the chance to go back again and work on the fascinating and varied issues in this field of the law.
New federal privacy legislation to govern the private sector will come into effect next year, and it is possible that Ontario will pass its own private sector act to protect privacy as well. With this in mind, I researched what was done by Commissioners in other jurisdictions, including Australia, New Zealand, Hong Kong and the UK, to assist the business sector in preparing for privacy legislation when it was first introduced there.
Both of Ontario?s existing acts allow a public body to refuse an access-to-information request where the release of that information might threaten someone?s safety. I undertook research on legal tests that might assist in interpreting exemptions.
I also worked on a summary of recent major Canadian court cases concerning access and privacy for the IPC's annual presentation to the Council on Governmental Ethics Laws (COGEL) conference. This organization is a North America-wide professional association for government agencies, where the IPC often presents the latest developments in Canadian freedom-of-information law.
The month went very quickly (especially with the great blackout!), but it was most enjoyable to be back with the wonderful IPC team. Thanks especially to Ken, Mary, Judith, John Higgins, John Swaigen, Lata, Shradda, Shamma and Matt, and many thanks to Sally for setting up this opportunity.
Joanna Erdman - Center for Reproductive Rights, New York
I arrived at the
Center for Reproductive Rights in New York City, a non-governmental legal advocacy organization, academically interested in the law as an instrument for the protection of women's reproductive rights. I departed the Center with a deep appreciation for the advocates worldwide who shape and use the law to change women's lives. This is the Center's greatest offering - converting thought into action.
The International Program at the Center works with an existing network of human rights and women's advocates in over 44 nations to monitor laws concerning reproductive health care, draft proposed legislation and policy guidelines, and evaluate the impact of American policy on international reproductive health efforts.
During my secondment, I drafted a briefing paper concerning the European Court of Human Rights. As a legal tool for local NGOs, the paper is designed to assist those seeking to challenge existing laws or to compel governmental action through litigation.
I was also privileged to be in New York while the U.N. Committee on the Elimination of Discrimination Against Women (CEDAW) was in session. I watched as Committee members and State Parties worked towards the progressive realisation of international obligations. By participating in such hearings, the Center ensures that gains achieved in the promotion and protection of reproductive rights through the U.N. system are solidified and expanded.
The most profound experience of my secondment was a trip to Capitol Hill. While based in New York, the Center maintains a Washington office to carry on its advocacy work. Through congressional briefings and publications, the Center encourages house representatives and senators to enact foreign policy that ensures women around the globe can safely access necessary medical treatment.
My time at the Center was an invaluable learning experience and the lawyers at the Center truly made me feel that I was an integral part of their efforts. I would encourage all students to participate in the Firm's secondment program to become more involved in an area of the law in which they are particularly interested.
David Ferris - New York Office
Never having been to New York, I was truly excited when presented with the opportunity to live and work in the Big Apple for the month of July. This opportunity was only possible because of the Student Development Committee, and in particular Sally Woods, to whom I am forever grateful for providing an experience that will never be forgotten.
The New York office provided a unique perspective into the organization of the law firm, allowing me to become more involved in all aspects of Fasken's everyday business. Whether attending meetings at the Federal Reserve Bank of New York, or dealing directly with clients and other lawyers, the small size of the New York office allowed for an increased level of responsibility and a great chance to see the relevance of Canadian law within an international setting. In particular, I prepared a research piece on the
Foreign Sovereign Immunities Act to inform our Canadian clients about recent developments in the U.S. jurisprudence, and the potential ramifications of these decisions in the course of their business.
The interesting and busy days at work were just one part of this experience. Broadway, Central Park, 5th Avenue, Shea Stadium, Brooklyn Bridge, Times Square, Greenwich Village, Statute of Liberty...and that was just the first weekend! Whether you consider NY culture a bleacher seat at Yankee stadium or a bleacher seat at Henry V in Central Park, this city has something for everyone. And after a long day of exploring, I was never disappointed in the unending number of bars and restaurants that offered a further glimpse into what it's like to be part of the city that never sleeps.
Many thanks to Philippe David and Jacques Rajotte in the New York office, who provided insight and guidance into both the practice of law and the NY culture!
Sarah Gingrich - London Office
After three months at our Toronto office, I consumed a last ice cream, said my goodbyes and packed a suitcase. I was on my way to England! My secondment at our London office proved to be the icing on an already amazing summer experience.
I spent the first day in London touring my Oxford Circus neighbourhood and picnicking in Regent's Park, a three minute walk from my flat. Around each corner were tributes to London's cultural diversity and rich architectural and social history - it was apparent that I would never have enough time to see all that the city had to offer!
The next morning, I set off with my trusty London A-Z to conquer the tube system. Arriving in the heart of the City, I soon realized that our office was located in the centre of the financial district and surrounded by a multitude of interesting landmarks. A five minute walk from our building yielded the Monument to the Fire of 1666, the awe-inspiring St. Paul's Cathedral, London Bridge and the gastronomic delights of Borough Market in the beautiful shadow of Southwark Cathedral.
I received a warm welcome and was immediately made to feel part of the dynamic London team. And so began my foray into the practice of Canadian law in London. This opportunity afforded unique insight into the global practice of law and the knowledge of how Faskens exceeds our client's international needs. From an increased level of responsibility which included amplified access to files, generous tutelage by John, Jodi and Munier and hands-on training in client development, I couldn't have asked for a greater professional training ground.
Personally, I had a fantastic time frequenting the many galleries and sights that London has to offer. A few highlights included an evening concert on Hampstead Heath, the
Taming of the Shrew at Shakespeare's Globe, evensong at Westminster Abbey, a boat ride down the Thames to Kew Gardens and Hampton Court and a long weekend in Paris. A special thank you to each member of the London office for their suggestions and patience with my many questions (both tourist and law-related!).
My decision to summer at Fasken Martineau was based on the collegiality and team work I witnessed while visiting the office, anticipation of exposure to interesting and top-level work and the prospect of working at a firm that valued the contributions of each member. These high expectations were exceeded in every aspect in both Toronto and London. Thank you to everyone who made this summer such an incredible experience.
Jennifer Goulin - New York Office
In the words of the great leaders who conquered new territory, I can describe my experience in New York City in a similar fashion, "Veni, Vidi, VISA"! Residing in the shopping capital of North America, I felt compelled to do my part in restoring vitality to the economy. So, pushing onward on 5th Avenue, and bravely "charging" forward in Bloomingdale's, I made a large single-handed effort at restoring activity to the economy while staying in New York City.
While the memories of shopping in New York will stay with me forever, there were a number of experiences that helped to broaden my perspective on the practice of Canadian law abroad. At the Fasken Martineau New York office, I was provided with the opportunity to see how transactions are accomplished across the border and how legislative developments in both countries can mirror and contradict one another at the same time. Additionally, it was very valuable to observe how a relatively small office can work together effectively at practising Canadian Law in another country and develop new clients in that country.
This whole experience would not have been possible if it were not for the hard work of Sally Woods in organizing my secondment along with numerous others. Also, my accolades regarding the New York Office are due largely to the wonderful guidance offered by Philippe David and Jacques Rajotte. As well, the hospitality and support,"New Yorker Style", provided by BarBara Benzak contributed to making my stay a very positive and memorable one. Thank you all for the wonderful experience!
David Gourlay - Ontario Human Rights Commission
The phone on the desk that had been assigned to me for all of twenty minutes rang. "Dave Gourlay," I answered, expecting a wrong number. Instead, it was one of my new colleagues at the
Ontario Human Rights Commission, calling during a recess at a Tribunal hearing. After warmly welcoming me to the Commission, he gave me a quick research assignment regarding criminal law. Could he have an answer by lunchtime, to be used in the hearing this afternoon? Sure, of course, absolutely, I answered, as I scrambled to remember the criminal law I had forgotten immediately after my first year exam. A very short time after I found my answer, it was being argued in a hearing.
So began my exciting foray into the world of human rights law. The Commission is a fascinating hybrid of investigator and advocate. It investigates and assesses complaints of discrimination, harassment and the like. Once such a complaint has been found to merit a hearing before the Ontario Human Rights Tribunal, the Commission takes on carriage of the complaint, representing the public interest in mediation and litigation.
In one whirlwind month I had the chance to participate in a Tribunal-sponsored mediation, and to sit in on a meeting of the Commissioners where they determined which of their cases would be referred to the Tribunal. I learned about the interactions between the different branches of the Commission: Mediation and Investigation; Policy; and Legal Services, my temporary home. The Legal Services Branch has approximately a dozen members, so I had the chance to work with and get to know the lawyers who have litigated many of Ontario's highest profile human rights cases.
The office is located near the Grange, just north of Osgoode Hall, and is surrounded by fabulous restaurants. The people at the Commission are intelligent, dedicated, interesting and extremely friendly. They made me feel more like a colleague than a short-term summer student, and I found that both my research and my opinions were valued. In short, I had a fantastic time, and for that I owe thanks both to the great people at the Commission and to the equally great people of the Fasken's Student Committee.
Reena Goyal - Ministry of the Attorney General, Dispute Resolution Office
This summer, I had the fortunate opportunity to spend my secondment during the month of June at the
Ministry of the Attorney General, Dispute Resolution Office (DRO).
During my first week at the DRO, I attended an off-site ADR workshop designed for all Ministry employees entitled: "Negotiating in the Public Interest". Whilst engaging in various role plays and mock negotiations, we learned the intricate nuances between the different forms of numerous alternative dispute resolution methodologies including negotiation, mediation, arbitration and litigation.
In the following weeks, I was engaged in extremely stimulating research assignments in the areas of mediator liability and restorative justice. I also had the chance to observe both live telephone and face-to-face mediations at the Financial Services Commission of Ontario (FSCO).
Finally, and on the very last day of my secondment, I received another off-site educational orientation at the Information and Privacy Commission of Ontario where Bernard Morrow and others at the Commission gave me a whirlwind tour of the world of mediation and arbitration.
I would like to extend my most warmest gratitude to Beth Beattie and the rest of the team at the DRO for their kind support and effort in making my secondment the enriching and fulfilling experience it was. I would also to thank the Student Committee and the rest of the team at FMD for their gracious generosity in sponsoring this fruitful learning experience.
Alwin Kong - Ontario Securities Commission, Enforcement Branch
"Providing investor protection and ensuring fair and efficient capital markets"
The Staff at the
Ontario Securities Commission ("OSC") is charged with the responsibility of ensuring that the twin goals of the Securities Act (Ontario) ("the Act") are realized. My secondment to the OSC, Enforcement branch, represented a unique opportunity to view securities regulation through the eyes of the watchdog.
Prior to my secondment, I had worked on a number of securities files including prospectus offerings, private placements and filing documents on SEDAR. Having worked for reporting issuers, I was very interested to see how these entities were regulated.
While at the OSC, I worked in a highly specialized area with some very experienced and skilled litigators. By way of background, a matter may be brought to the attention of the Enforcement Branch through many avenues including complaints from the general public, investors registrants and other self-regulatory organizations. Staff will then determine whether any action needs to be taken by identifying contraventions of the Act, potential respondents and determining whether it is in the public interest to proceed.
Some of the work that I was involved with included examining seized documents, researching general legal and jurisdictional issues created through enforcement provisions of the Act that grant exceptional investigative powers to Staff, reviewing motions and attending hearings. In short, the experience enhanced my knowledge of the securities industry and its regulation.
Thanks to the exceptional team at the OSC for making my brief stay interesting and meaningful. Special thanks to Hugh and Matthew for serving as my able mentors. Last but not least, thanks to Muriel, the inspiration behind the student team of "Muriel's Munchkins"!
Karoline Kralka - MDS Inc., MDC Proteomics
This summer, I spent the month of June seconded to
MDS Inc.. My secondment opportunity was unique in that I was able to work in the legal departments of a large public company and a small private one. At both, I had the chance to become involved in the responsibilities of general in-house counsel and experience the practice of law from a different perspective than that of the firm.
My first two weeks were spent working with counsel at MDS Inc. MDS is a public health and life science company that provides products, services and information for the prevention, diagnosis and treatment of disease. The focus of my work was corporate governance research. With the introduction of the
Sarbanes Oxley Act in 2002, many public companies have been forced to reconsider their governance policies in order to ensure compliance with the new guidelines. My research included whistle-blowing protection policies, terms of reference and obtaining information on the Canadian Coalition for Good Governance.
For the last two weeks, I was sent to MDS Proteomics, a subsidiary of MDS. MDSP is a private drug discovery company that has developed novel proteomic approaches to better understand the underlying molecular causes of disease. Because of the size of the office and staff, I was given more responsibility and was included in the "business-decisions" side of things. I was given, what I thought to be, the daunting task of drafting a lease agreement, however this was balanced when I was asked to be in charge of setting up the desert table and barbecuing kabobs at the Hawaiian Barbecue!
At a place where the primary work is done for one client, I was surprised at the variety of interesting projects that I was involved in. I would like to take this opportunity to thank everyone at MDS and MDSP for making me feel so welcome. I would especially like to thank Peter Brent and David Patterson for their support and guidance. Finally, a big thank you to Faskens for arranging this position for me to broaden my understanding of the legal profession.
Michelle Kropp - Ontario Human Rights Commission
The
Ontario Human Rights Commission, although only a short walk away from the firm, is truly in another world entirely. I worked in the small, yet efficient, Legal Services Branch ("LSB"), which is responsible for providing legal advice to the Commissioners and investigators who examine discrimination complaints. Additionally, the LSB represents the Commission in proceedings before the Human Rights Tribunal of Ontario and in the courts.
The staff at the OHRC was quick to involve me in a variety of activities. In the first couple of days, I was asked to sit in on a mediation, be involved in a motion preceding a hearing, and research Canadian tribunal case law for two different projects. The thought of helping to remedy discrimination made it easy to be interested in every piece of work I was asked to do.
As well as keeping me occupied at work, the staff was kind enough to invite me to participate in a conference for the entire Commission. People from different departments were put into groups to get to know one another and take part in team building exercises. It turned out to be a great opportunity to meet lots of interesting people, and get a fuller understanding of how such an important organization functions as a whole.
I would like to thank Faskens for arranging this secondment; it was truly an amazing opportunity to experience law in a way I might otherwise never have. I owe a great deal of thanks to the LSB as well. My opinions were taken seriously, my research was treated as being essential, and I felt like one of their regular staff members despite being there for only four weeks.
Benjamin Lee - Hydro One Networks Inc.
Hydro One Networks Inc., which is wholly owned by the Government of Ontario, is the largest electricity delivery company in Ontario. In fact, the company owns and operates one of the ten largest electricity transmission and distribution systems in North America valued at approximately $11.3 billion. To my delight, I discovered that the law offices for Hydro One are located adjacent to the Eaton Centre and just north of Faskens on Bay Street.
Upon arrival, I was welcomed with open arms - the collegiality at Hydro One rivals that of Faskens. The in-house team, comprised of 13 lawyers, is considered big by in-house standards. That said, the environment was very much like a small law firm as I had the opportunity to dabble in many areas of the law including litigation, real estate, privacy, bankruptcy and corporate governance. As Hydro One recently completed the purchase of 87 local utilities companies, this left much work to be done post-closing. I assisted the lawyers in preparing the fees simples and easements to be transferred into Hydro One's name, and in putting together closing books for each municipality.
The highlight of my secondment was without a doubt the annual law picnic/BBQ at one of the lawyers' residences. Ironically, this afternoon also happened to be the afternoon of the big black-out. Just as I was about to crack open my last Corona and loosen the final belt buckle on my pants, the Shania Twain CD mercifully stopped and puzzled faces looked around. Many theories for the black-out were bandied about; however, I concluded that the electricity on the Eastern seaboard simply could not be managed while this team of legal experts was away from the office.
I would like to thank all the lawyers and staff at Hydro One for a wonderful experience!
Mairi MacGillivray - MDS Sciex
While summering at Fasken Martineau, I had the opportunity to spend four weeks in-house at
MDS Sciex, a leading global supplier of analytical instruments for the life sciences and high technology markets and the instrumentation and technology solutions division of MDS Inc. When I learned I was being seconded to MDS Sciex I was immediately thrilled. With a degree in Molecular Biology and Biotechnology, three years in the bio-medical research field and two years of law school under my belt, I felt like this was the perfect opportunity to use all of those experiences in one job. And I was right.
MDS Sciex researches, designs and manufactures mass spectrometers and analytical instruments used in research, drug discovery and development, diagnostics and environmental protection. I was mildly intimidated to be working there, given my difficulties with Organic Chemistry as an undergrad. However, I need not have worried. My main project while at MDS Sciex involved the patenting of a cutting-edge DNA technology that the company was hoping to utilize. I spent the first few days relearning my first degree, reading scientific publications and figuring out how the technology worked. Then I spent the next few weeks going over similar technologies that had already been patented to determine the patentability of MDS Sciex's technology. The project culminated in a meeting with the inventors, company representatives and legal counsel.
In addition to the patent project, I drafted and reviewed various agreements and letters on behalf of the company. It was through these experiences that I became exposed to the business aspect of intellectual property. Specifically, I learned how companies negotiate and agree on terms to exchange intellectual property rights through various legal means, such as licensing, in order to facilitate reaching commercial goals.
Perhaps the most interesting part of this aspect of the job was learning how to be a lawyer in a business environment. I was taught to be aware of maintaining and developing business relationships while acting in a legal capacity, an invaluable skill!
Rakhi Pancholi - Ministry of the Attorney General, Constitutional Law Branch
After a whirlwind two-week orientation at Fasken's, I was whisked away to the
Ministry of the Attorney General, Constitutional Law Branch. I had chosen the Constitutional Law Branch after hearing the Director of the Branch speak in one of my classes at law school and - being the constitutional law geek that I am - I was intrigued about working in an office that was solely dedicated to assessing cases and laws to ensure their compliance with the Constitution and the Charter.
The Constitutional Law Branch is primarily involved in two areas - litigation and advisory work. Like the rest of the Attorney General's Office, the Branch acts as counsel to the Ontario government. This involves not only defending the government's position on existing constitutional issues, but also advising the government on potential issues that it may face in the future. Pretty much whenever any constitutional issue is raised by anyone in any type of lawsuit, the Constitutional Law Branch is one of the first to hear about it and to be asked to provide an opinion on it. This means that the Branch is involved in some of the most exciting and controversial cases - ones that most law students only read about in class.
For me, the experience was invaluable. Every time one of the lawyers poked their head into my office, I was given an incredibly interesting and thought-provoking assignment. I was working on division of powers, freedom of expression, voting rights and equality rights cases all the time. The wonderful thing about the type of advisory work that was being done in the Branch was that it allowed for creative thinking and problem solving - there was no clear answer to any issue. I was also extremely fortunate to be there at a time when the Branch was involved in litigating a very interesting and headline-stealing equality rights case. I was able to work on the case and go to court to witness constitutional litigation in action.
My time at the Constitutional Law Branch was an unforgettable experience. The lawyers there were warm, friendly, supportive and unbelievably brilliant. They exuded a passion for their work that was contagious. I would definitely recommend this as a secondment for any future summer students - provided, of course, that they are willing to admit their secret love for all things constitutional! Thanks to everyone at the Constitutional Law Branch and the Student Committee at Fasken's for allowing me to openly express my love for it for six weeks.
Christopher Sullivan - Natural Resources Canada, Ottawa
This summer I was fortunate enough to explore my interests in mining and securities law during my secondment to
Natural Resources Canada (NRCan), in Ottawa. Specifically, I was seconded to the Economic and Financial Analysis Branch of the Minerals and Mining Sector of NRCan, and worked under the vast experience and talent of Keith Brewer, Robert Clark, Louis Arsenau from NRCan and Greg Ho Yuen back at Faskens. I was there at an opportune time, since mining securities regulation is undergoing many dramatic changes. While seconded to NRCan, I provided information and analysis on issues regarding securities regulatory reform and the junior mining sector.
During my secondment, I was in charge of a joint information gathering project conducted for both NRCan and the Prospectors and Developers Association of Canada (PDAC), a not-for-profit lobby group representing industry players such as exploration and mining companies. I researched and analysed the costs faced by mining companies in raising equity financing through the issuance of securities both privately and publicly. Often, my research involved contacting the presidents and chief financial officers of multi million dollar companies! My research will be used in submissions made by PDAC and NRCan to the Federal-Provincial/Territorial Mines Ministers' Conference.
By working directly with both industry and government in the area of mining law, I was able to get a thorough snapshot of the transactions and processes that take place. I learned about the development of new third-tier stock exchanges, and tax incentives for mining exploration. I also participated in "Mining 101," an excellent course provided by NRCan, which taught me about everything from drill bits to mine shafts, tax issues and environmental concerns. That course was definitely a highlight of my summer, as I will now be able to approach a mining transaction with vital background knowledge and an understanding of our mining clients' businesses.
While in Ottawa, I met up with a fellow summer student on secondment here, TJ Adhihetty, and took the opportunity to experience much of what the National Capital Region has to offer (even though I know the area pretty well, as an Ottawa Law student!) Being big history buffs, we spent a day at the Deifenbunker, Canada's Cold War Museum. This massive underground bomb shelter was built in the sixties as a final protection for the government in the event of a nuclear war. Afterwards, we found a very British pub in Eastern Ontario farm country, and sampled the bitters and ales. The remainder of my summer involved cycling the many greenways, visiting my friends, and hiking the Gatineau Hills in Quebec.
I would like to thank the team at NRCan, and Greg Ho Yuen for making the secondment a meaningful learning experience, and the Student Committee for making it a possibility.
Laura West - Ontario Human Rights Commission
I was fortunate enough to spend my secondment at the
Ontario Human Rights Commission this summer. I felt immediately welcomed by the staff of the Legal Services branch, who are all incredibly bright, committed, kind and compassionate individuals, and was privileged to be able to work on assignments for lawyers who had pushed the boundaries of the law of discrimination through their litigation work at the Commission.
The experiences that I had over the course of four short weeks were very diverse. I attended and helped prepare documents for a Tribunal-sponsored mediation, I investigated jurisdictional and procedural questions related to administrative and human rights law, and I spent a morning pouring over Standing Committee minutes at the Legislative Library at Queen's Park.
I was also able to gain insight into the inner workings of the Commission by attending an administrative staff meeting of the Legal Services Branch as well as a meeting where the Commissioners determined which human rights complaints would be referred to the Tribunal for further adjudication.
The great power outage of 2003 ended my time at the Commission a day early, during the middle of a mediation I was attending with a Commission lawyer. It was definitely a learning experience to witness what happens to a legal proceeding when an industrial centre like Toronto is plunged into darkness - everyone involved simply continues with the matter at hand, of course!
I want to thank the wonderful individuals at Faskens who allowed me to have this experience. I would also like to extend my gratitude to the Legal Services Branch staff - in addition to making me feel that my work and opinions were valuable, they were generous and encouraging, welcoming me as a member of their team for four short weeks.
Edward Yanoshita - London Office
London Bridge is Not Falling Down!
No sooner had I arrived at the flat (great central London location by the way) when Mark Pontin from the Vancouver office (who was heading home after his secondment) gave me a message to call the office; they wanted to know if I could pick up a letter from Buckingham Palace, right away! Now, I have been down this road before in a previous job, when on one April 1st I was given a message to call Jack Rabbit at such and such a phone number. Even when the receptionist answered: "Metro Toronto Zoo" I still persisted in trying to reach Mr. Rabbit. With this experience in mind, I was prepared for anything as I arrived at the gates of Buckingham Palace (yes, THE Buckingham Palace) and after giving the guard my name, I was told that I was expected and to enter! I proceeded to walk across the courtyard right up to the Palace where I was met at a doorway by a regally attired attendant and given the letter. Unfortunately, I do not have this moment captured on film unless one of the many tourists on the OTHER side of the fence thought they should waste a frame on me just in case I was a visiting Crown Prince.
London is a city on the move and the office is located in the heart of the Financial District, right in the middle of the action! Much of the work done by the London office is for the major London law firms, the so called "magic circle", who are seeking advice on a Canadian law aspect of an international transaction. I was able to assist in proofreading several opinion letters and researching a variety of issues including UK and Canadian anti-money laundering legislation and conflict of interest guidelines for law firms. On my last day in London I visited the Royal Courts of Justice located at Chancery Lane tube stop. The courts have stood on the same site for more than 500 years. They are a living history with many interesting displays (including Lord Denning's judicial robes, and, did you know that at one time all judges and lawyers were clergy since they were the only ones who were literate?) and day to day court proceedings are still conducted there. Most proceedings are open to the public and I was able to sit in on some commercial /bankruptcy proceedings and watch English barristers in action, complete with wigs!
The entire city though is alive with history. The office is only a few minutes walk from London Bridge and what a treat it was to take a lunch-time stroll over the Thames; Tower Bridge to the right, St. Paul's Cathedral to the left. I bravely learned how to board the London double decker buses and it was great seeing the city from up top. My wife was able to visit London for a couple of weeks and on weekends we would spend hours sightseeing on the buses. An all-day pass was like a roller coaster ride that just kept going and going and going.
I also participated in the City of London Road Race, a 3.5 mile run through the streets, sponsored by several London law firms and banks in support of Save the Children Foundation. Jodi Katz, one of the associates in the London office, signed me up for what I thought was a fun run until I found out she is a serious athlete; but when you have 3,000 runners on your heels you tend to move it, out of fear for your own life!
As you can probably tell I had a great time in London. Thank you to Fasken's for the opportunity to participate in such a fantastic secondment and I would especially like to thank John, Jody, Anne, Blazenka, Munier, and Frederic in the London office for all their assistance and hospitality.