The following students have elected to participate in external secondments as part of this year's summer program:
Steven Agnew - Lovat Inc.
When I first started considering what I would like to do for my secondment, I did not have an elaborate plan in mind; I simply mentioned an interest in International Trade. What Faskens managed to arrange for me was amazing: I was seconded to
Lovat Inc., a company that exports specialised machinery all across the world. I later discovered that I would end up playing a significant role in
all of the company's future international exports.
Lovat manufactures machinery and provides services to excavate massive tunnels for various construction projects (sewer systems, subway lines, etc.). Because it is such a specialised industry, Lovat's machinery is in high demand for projects all around the world including Singapore, South Korea, Italy, Spain, Russia, USA and Venezuela. Since the machines and services provided are customised for each particular project, Lovat had been drawing up a new contract for each new deal.
My task at Lovat, under the supervision of two of Faskens' Corporate/Commercial and International Trade Partners, was to draft a Standard Form Contract for all of the company's future international exports. In order to do so, I was given a tour of Lovat's offices and manufacturing facilities as an overview of the company's operations. Later, I got to sit down one-on-one with various senior executives at Lovat to discuss the company's contractual needs, and the complex issues that surround those needs. From those discussions, and from reading Lovat's contracts from previous deals, I gained a good understanding of what was required in their international sale of goods and services contracts. I then created the first draft of a contract that will now serve as a template and a starting point in the negotiations for all of Lovat's future international exports.
Drafting the contract for Lovat Inc. was a great challenge and an incredible experience. Coming into the summer I never could have imagined the kind of hands-on work, and client contact with which my secondment provided me. I want to thank Sally Woods and the Professional Development team at Faskens for arranging such a great experience, everyone at Lovat for welcoming me and Alfred Apps and Mark Sills for their teaching and supervision.
Wojtek A. Baraniak - New York Office
E. B. White once wrote "the residents of Manhattan are to a large extent strangers who have pulled up stakes somewhere and come to town, seeking sanctuary or fulfillment or some greater or lesser grail. The capacity to make such dubious gifts is a mysterious quality of New York. It can destroy an individual, or it can fulfill him, depending a good deal on luck. No one should come to New York to live unless he is willing to be lucky."
I was truly "lucky" in August of 2004 as I embarked on my summer secondment to our New York Office. Everyday in New York was a new adventure. From watching a Verdi opera in Central Park, experiencing the night life of the east village, wondering the halls of the United Nations, and getting lost in Queens (which makes for a really funny story for another time), my secondment was an amazing experience that I will never forget.
Upon my arrival, I was immediately impressed by the diversity of files that the New York team handles. From clients who are major industry leaders based in the US, to European corporations interested in establishing a presence in Canada. The resident lawyers, Philippe David and Rick Kozody, demonstrated their ability to successfully handle a diversity of files on a moment's notice. They were also eager to let me share the experience first-hand by involving me in a wide-range of work including research memorandums, legal drafting, and participation in regular meetings and discussions.
The New York office also arranged for me to intern with the United Nations, Department of Economic and Social Affairs (DESA) where I was involved in the drafting of a convention on disabled persons' rights. I had a chance to meet and work with hundreds of delegates from member states and NGO's from all around the world. First and foremost, I experienced first hand the opportunities that a legal education offers in the field of international public law, human rights law, and multilateral negotiations.
I've barely scratched the surface in this report, but I really had one of the best summers of my life, all thanks to the Toronto Student Development Team. And to Philippe, Rick, and Lina, your knowledge of the city was a definite asset. Thanks for all the advice on my itinerary, making me feel at home, and making me feel "lucky" in the capital of the world.
Richard D. Butler - New York Office
What can you say about New York City? A month provided me with an incredible opportunity to take in the sites, as well as experience first-hand the dynamics of New York business-law. The focus of the work in the New York office can be very different from that of Toronto, but both Philippe David and Rick Kozody were quick to including me in all aspects of their projects. Through conference calls, correspondence, and impromptu strategy sessions, I was made immediately aware of the elevated level of client interaction I would have, as well as the high calibre of legal wrangling common place to this office.
Initially, I worked closely with Philippe on some of the business development files he handles including coordination of the Canadian Society of New York's Hockey Legends dinner at the Waldorf-Astoria. The honouree for the evening was Montreal Canadiens' Hall of Famer, Yvan Cournoyer and in attendance were a few other hockey legends (Senator Frank Mahovlich, Scotty Bowman) and Lord Stanley's cup. I have more than a few pictures of yours truly and that sterling-silver beauty engaged in a tender embrace. Following this business development work, Rick and I became busy with unique securities inquiries coming from Norway and Georgia (Russia) through the US. My role was to research various Canadian securities regulators to ensure that we met all disclosure requirements for the issuance of a prospectus. This was particularly challenging, as well as interesting, when looking at foreign oil and gas exploration corporations seeking several additional exemptions. I will be joining Rick in Moncton, NB later in the summer to follow-up on another US file.
I can't even list half of the things I saw and did in New York, but here's a shot: Jazz festival at the Chelsea Pies,
Madame Butterfly in Central Park, Brooklyn Bridge, United Nations, Rockefeller Centre, The Metropolitan Museum, "The Producers", Statue of Liberty, Empire State, live music in the Village, Gramercy and the Flatiron District, brunch in Soho... I even managed to squeeze in a few nights-out at the clubs in the Meat Packing District. The Red Rock bar (as seen in the movie
Coyote Ugly) made a particular impression on me. Who would have thought that it would take a trip to NYC to meet Sam Roberts and share a beer with him on Canada Day (in Central Park), which ended, in fitting style, a pretty unbelievable month.
Many thanks to Sally and the Fasken Student Development team for creating such a wonderful program. Also thanks to Philippe and Rick for showing me a taste of NYC, and for introducing me to the taste of sea urchin.
Antonio Di Domenico - Ministry of the Attorney General (Constitutional Branch)
This summer, I was fortunate enough to spend 6 weeks at the
Ministry of the Attorney General, Constitutional Law Branch. The fascinating work and supportive lawyers and staff made for a challenging and extraordinary experience.
The practice of the Constitutional Law Branch is divided into three areas: litigation, opinion and constitutional reform. The Branch advises all ministries on questions of constitutional law and policy, and also engages in litigation at all levels of court. Everyone in the office is extremely busy since the office is comprised of about 15 lawyers. The lawyers are also extremely passionate about constitutional law and litigation.
My tasks included research, writing memoranda and preparing other documents. I also assisted lawyers with their court and tribunal appearances. I worked on issues involving the division of powers, Charter rights, the law of intervention and a number of general litigation issues. Of immense intrigue was how these constitutional issues interpenetrated with so many facets of law. This included labour, business, transportation and health to name just a few. My research also allowed for creative thinking and problem solving since there was no clear answer to any issue.
Other noteworthy highlights included assisting and accompanying lawyers before the Ontario Labour Relations Board and the Ontario Court of Appeal. In both cases, I witnessed exceptional constitutional litigators battling for their constitutional interpretation of Charter rights. Both experiences taught me a lot about the nuances of constitutional litigation and oral advocacy.
All the lawyers at the Constitutional Law Branch were gracious enough to give me fascinating assignments on a daily basis. They took the time to answer my plethora of questions. They also explained how my work fit into the bigger picture of their file. Without question, I felt like a contributing member of the team.
I am indebted to the Student Committee at Faskens for arranging my secondment and allowing me to spend 6 weeks at the Constitutional Law Branch. I am also obliged to Daniel Guttman, Sarah Wright and the Constitutional Law Brach team for their strong mentorship throughout my six weeks. I would definitely recommend this as a secondment for any future summer students. If you would like further details, please feel free to contact me.
Cheryl D. Dusten - Ontario Human Rights Commission
I had a very rewarding experience on secondment at the
Ontario Human Rights Commission. When I arrived at the Commission, I had a little bit of knowledge about the
Human Rights Code and the process for making a human rights complaint. After finishing the secondment, I had a much better understanding of how the complaint process works, having viewed various stages of it firsthand.
For example, I attended a meeting of the Human Rights Commissioners at which they considered various complaints that had been investigated by Commission staff and made decisions as to which complaints would move forward in the process and be referred to a hearing before a Human Rights Tribunal (the "Tribunal").
In addition, I attended a mediation session sponsored by the Tribunal. The Tribunal mediator's goal was to see whether a settlement could be reached between the three relevant parties - the Commission, the complainant and the respondent - in a case involving a complaint of discrimination in employment due to disability. I previously had not understood exactly what the role of the Commission lawyer is in relation to the complainant, but that day I learned about the complicated nature of his or her job. He or she is first and foremost the representative of the Commission's interests, but also has a role to play in guiding the complainant, who may or may not have independent counsel, through the process and in providing information to help the complainant make decisions.
Later in my secondment, I attended the closing arguments at a Tribunal hearing relating to a complaint of sexual harassment in the workplace. I learned a great deal by watching the Commission's lawyer give his submissions and by observing the procedures in the Tribunal hearing as compared to a court proceeding. I was also struck, as I was in the mediation described above, by the profound impact that a violation of human rights has on a complainant. It appeared to me that it takes a great deal of courage and fortitude for a complainant to go through the lengthy process of making a complaint and seeing it through to the hearing stage, not to mention having to give evidence and re-live the experience.
I was very fortunate to have worked with a large number of the Commission's lawyers during my short stay, and completed various research assignments, drafted memos and even got to draft pleadings for a sexual harassment complaint. I came away with a great appreciation for the work that the Commission's dedicated lawyers do. Thank you to all of the lawyers at the Commission for welcoming me and for involving me in such interesting work, and thank you to Faskens for arranging such a great secondment experience.
Catherine K. Fraser - International Criminal Court - The Hague
An end to impunity for those responsible for international crimes - this is but one of the many worthy and ambitious goals of the fledgling
International Criminal Court. Situated in the Hague, Netherlands, the ICC is the world's first ever permanent international criminal court. Established by the Rome Statute on July 17, 1998, the Court has jurisdiction over genocide, crimes against humanity, war crimes, and the crime of aggression.
As I left Canada to begin my internship, the ICC remained lofty and imposing in my mind. I knew that the work would be fascinating and that the exposure to international law and the international community would be unparalleled, but I did not know what to expect in terms of day-to-day work. I quickly learned that the ICC is a warm and welcoming work environment staffed by bright, kind, dedicated people from all over the world.
I worked in the Investigations Division, the group responsible for traveling to conflict zones and gathering the requisite evidence for trial. Assigned to a team working on one of the Court's first two cases, the majority of my work revolved around the preparation of evidence. The Division was an enriching and educational place to work and particularly exciting since, at the time of my internship, the Court remained in its formative stage.
Although I spent most of my time in the Hague in a bastion of internationalism, I also tried to partake in Dutch culture. I bought a bike and rode it everywhere - by canals and royal palaces - I swam in the North Sea, and bought giant bunches of flowers every week. Thanks to the Hague's central location within Europe, I was able to travel on my weekends throughout the Netherlands, Belgium, England and Scotland. Each place had its own delights, but I was always happy to return to the Hague and the ICC, which is surely the sign of a great experience.
It was an honour to contribute in some small way to the work of the Court and I was privileged to meet the colleagues and friends I did. I am deeply grateful to Faskens for supporting my clerkship. Special thanks go to Dr. Wiley at the ICC for his generous assistance and mentorship, to the members of the Investigation Division, to my fellow interns, and to my office mate, from whom I learned so much.
Brad A. Freelan - Latitude Partners
I spent my secondment at
Latitude Partners, an investment and merchant banking firm dedicated to the technology sector. Based in Toronto, Latitude provides advisory services in the areas of mergers and acquisitions and capital raising. Latitude also manages the Longitude Fund, a $60 million technology merchant banking fund focused on buyouts, spinouts, restructuring, privatizations and other activities not serviced by traditional venture capital funds.
During my stay at Latitude, I assisted the merchant banking practice by assembling a briefing book on potential private equity investors. The contacts included pension funds, investment managers and private equity funds that invest on a fund of funds basis.
I also had the opportunity to analyze Latitude's past investments as well as to participate in meetings regarding future investment possibilities. The meetings I attended included both early-stage presentations by start-up companies and later-stage deliberations where the Latitude team would discuss the due diligence results and debate whether or not they wished to proceed with the investment.
However, I do not wish to leave the impression that it was all work and no play at Latitude. Most mornings began on the back deck gazing into the peaceful serenity of Ramsden Park. With a fresh brewed coffee in hand, the Latitude team would chat about life, love and residential renovations. At lunch, the team could be found in Yorkville, frequenting quaint cafes filled with wayward dilettantes.
I would like to thank Tom Eisenhauer, Don Bent, Kevin Clay, John Sheedy and Amy Rae for their hospitality and support. My time at Latitude Partners was an invaluable experience that I will fondly remember.
Michael T. Gleeson - United Nations' International Criminal Tribunal for Rwanda - Tanzania
From April to early July 1994, nearly one million people died in Rwanda, a country with a population of only 8 million. These deaths were not the result of war, famine, or disease, but of a co-ordinated attempt to exterminate Rwanda's racial minority, the Tutsi tribe. Over this three month span, neighbours, and even family members, attacked one another until bodies were literally lining the streets of Kigali. Such wide spread destruction could not have been accomplished without the deliberate planning and continual encouragement of Rwanda's political and military leaders. The United Nations'
International Criminal Tribunal for Rwanda (the "ICTR") is an
ad hoc tribunal established by the United Nations' Security Council to prosecute those most responsible for the planning and proliferation of the Rwandan Genocide. I was very fortunate to spend four weeks as a legal intern at the ICTR in Arusha, Tanzania.
During my time at the Tribunal, I was assigned to the Appeals division in the Office of the Prosecutor. I was asked to help the prosecution in their preparation for the Ntakirutimana appeal, an appeal brought by a former pastor and his physician son, who had both been convicted of genocide. I was asked to investigate issues related to selective prosecution, tribunal jurisdiction, and the legality of the tribunal itself. In the course of the hearing, I had the opportunity to witness the work of some very accomplished advocates, including Former US Attorney-General Ramsey Clark, former Canadian Crown Attorney James Stewart, and US Judge Theodor Meron. I learned a great deal about advocacy simply by watching the way that these individuals conducted themselves in the courtroom.
Following the Ntakirutimana appeal, I travelled to Rwanda as part of a mission to interview potential witnesses for an upcoming trial. I was flooded with conflicting emotions during my week in Rwanda. Although I was excited to be in a country of such unbelievable natural beauty; a country where the resilience of the human spirit was on full display, I could not forget the atrocities that had been performed in the places that I was visiting, undoubtedly by some of the very people whom I was meeting. It was very difficult to reconcile the Rwanda that I was seeing with the one that I knew had existed in 1994.
Working at the Tribunal could, at times, be quite sobering. Fortunately, Tanzania offered a variety of very unique distractions to take my mind off the office. In my free time I went on safari through the Serengeti, hiked to waterfalls on the slopes of Mt. Kilimanjaro, visited Maasai villages, and spent time on some of the world's most beautiful beaches. My only regret was that I did not have more time to see all that Tanzania had to offer.
My secondment was an unforgettable experience. In four weeks I got a glimpse of the best and worst that human beings have to offer. Special thanks to Linda Bianchi and Jessica Pogson for making my stay in Tanzania so wonderful, and to Jennifer Egsgard and the Fasken Martineau student team for making my secondment possible.
For more information on the ICTR, visit:
www.ictr.org.
Nadia A. Jandali - Canadian Civil Liberties Association
A small office with a big heart! When you walk into the
Canadian Civil Liberties Association, it really just looks like a regular office. But a few minutes in the place will quickly remind you that you are among the most respected and influential civil libertarians in the country. The office holds staff that have "fought in the trenches" of the civil liberties revolution in Canada and the United States, and it was fascinating to hear their stories first hand.
CCLA deals with some of the most current and interesting civil liberties issues in Canada, so my secondment there was both enjoyable and rewarding. I was involved in two projects during my stay. My main project focused on prisoner's rights. I was asked to make some recommendations to the staff on how to get involved with Canadian prisons. I researched the effectiveness of the oversight bodies, the legislation surrounding these mechanisms and the recent case law on the subject. But what was most interesting, and shocking, was to learn about the appalling conditions at many of the federal and provincial institutions.
I was also able to assist with the writing of a factum. CCLA was opposing a law that was brought in after the September 11 terrorist attack in New York. The purpose of the law was to protect against terrorism but the effect was an attack on our basic rights. Laws such as this are becoming increasingly controversial in our society, so I found this assignment very relevant and interesting.
The staff at CCLA combine high calibre work with a collegial, fun, and friendly atmosphere. It is truly an inspiring place to experience and I am grateful I had the opportunity to spend some time there. Thanks to Sally Woods and the rest of the Student Development Committee at Faskens for helping to arrange this secondment. I would also like to thank the staff at CCLA for taking me in and providing such a great experience.
Joe L. Lai - Access Copyright
My secondment was at Toronto-based
Access Copyright, "The Canadian Copyright Licensing Agency", whose licenses provide users with lawful and convenient access to published works while fairly compensating publishers and creators. I could not have asked for a better IP/IT-related experience than working at the foremost copyright agency in Canada which, like many industries and institutions in the world, is confronting the effects of the on-line revolution.
During my time at Access Copyright I worked closely with Warren Sheffer, one of two in-house counsel. I quickly became involved in researching digital compliance issues, specifically with regard to Internet piracy of copyright-protected, literary works. I ultimately produced two memos during my time there. The first memo provided an in-depth analysis of the legal, technological and policy issues relevant to digital compliance on a domestic and international level. The second memo was fashioned as a precursor to a formal memo to be submitted to Access Copyright's Board of Directors, identifying procedural and enforcement challenges and proposing solutions to rightsholders in their attempts to stem the tide of Internet piracy.
During the entire summer, I found I was able to combine my technical and business background with my natural interest in the law to work on assignments I thoroughly enjoyed. It is safe to say the summer was fulfilling, and that Faskens certainly has students' interests at heart, especially when it comes to secondments.
I would like to extend a special thanks to Warren Sheffer at Access Copyright who was the most gracious of hosts and an excellent legal practitioner. I would also like to thank Sally Woods and the Student Committee at Faskens for working over several months to successfully secure a position for me at Access Copyright.
Andrew D. Newman - United Nations Development Program - Yemen
"And now for something completely different" - was my train of thought as I stepped off the plane in Sana'a, the Republic of Yemen to begin my work with the
United Nations Development Program ("U.N.D.P.") And how right I was!
From the moment I arrived, I encountered nothing but an unbelievable kindness, generosity and an unbending desire to make an outsider feel welcome. In fact, while standing on the side of any road, it was a fairly common occurrence to hear an elongated and muffled "weeeelllcoomme to Yeeemen" yelled from a truck passing in the distance. I was also deeply impressed with the history of the country, which stretches back to the Queen of Sheba. Sana'a itself is almost 2000 years old and, to my delight, I found myself living in the relatively young "old" city (the best preserved in the Arab world) in a 350 year-old building made of mud and stone.
My work with the U.N.D.P was equally as rewarding and enjoyable. The Programme offers developmental assistance around the world. In Yemen, the U.N.D.P is currently operating a number of projects, including the Human Rights Project, which is housed within the newly created Human Rights Ministry. Indeed, Yemen is an emerging democracy with a stronger commitment to human rights than any other country in the region. As part of this commitment, the Human Rights Project of the U.N.D.P aims to assist in the creation of a Human Rights Ministry capable of receiving, investigating and resolving complaints of human rights violations.
My job was to propose a variety of models of human rights complainant mechanisms from which the Minister of Human Rights would hopefully choose. Specifically, I was trying discover the common features and best practices of the complaints procedures of national human rights institutions around the world, from Canada to Ghana to Indonesia. My report not only outlined the procedure of how one could complain about, investigate and resolve human rights violations, but also gave many alternative suggestions as to an appropriate mandate for this new Ministry - what violations to protect and who could be investigated for such violations. This was a fascinating and challenging task that involved considerations large and small, from the basic structure and purpose of the institution to the forms used to collect complaints.
I would like to express my sincere gratitude to the whole Faskens team who worked to support me in this unbelievable opportunity. Faskens' secondment program was a truly generous gift, without which I never would have had the chance to embark on this professionally and personally fruitful adventure.
R. Graham Phoenix - Ontario Human Rights Commission
"The Long Days' Journey in Rights"
Day 121... When I arrived for my secondment with the
Ontario Human Rights Commission, "THE HEARING" was in its 121st day. I use uppercase letters when referring to THE HEARING because it was just that big! It was already the longest human rights case in Canadian history and the end was not yet in sight. The material issues spanned 7 years and the amount of disclosure was unreal. How does a Commission lawyer, working solo, possible survive THE HEARING without going insane? Well, he or she must be armed with nerves of steel and a quick wit... oh yeah, and he or she has to work day and night.
Day 124... THE HEARING centred on the promotion practices and policies of a very large and reputable employer set against the backdrop of an extremely powerful union and an extraordinarily complex collective bargaining agreement. That being said, the issue was a simple one: Were certain individuals passed over for promotion in favour of other, less qualified employees because of race? The issue was at once a question of direct and systemic discrimination.
Day 127... For my part, I learned a lot about human rights cases and litigation in general. I assisted with exhibits and witness indexes, reviewed disclosure and other documentary evidence, and helped prep for witnesses - including preparation of cross-examination questions. Each day, I would observe THE HEARING. At the end of the day we would prepare for the next day's cross-examination.
Day 129... While at the Commission, I somehow managed to squeeze in a few other learning opportunities as well. I drafted pleadings in a separate human rights complaint, liaising directly with complainants. I also researched and provided a legal opinion on the validity of a section of the
Coroners Act. (Much like the topic, my reasoning barely had a pulse.) However, my primary role was attached to THE HEARING.
Day 131... There is nothing cooler than watching the cross-examination questions you helped developed put to a witness... except when those questions are actually answered!!! Alternatively, it is also somewhat humourous to hear the phrase
"I have no recollection of that" for umpteen-hundredth time. Ah, that never gets old!
Day 137... I concluded my secondment with the Commission as the Tribunal was preparing for further hearing dates in the fall. Unfortunately, I did not see the end of THE HEARING. However, I will most certainly follow it. I had an excellent time with the Commission. It was a chance to explore a new field of law and gain further hands-on experience in litigation. I wish to extend my special thanks to Raj Dhir for his mentoring and for making me such an active part of the process. It was an unforgettable experience.
A. Leanne Shaughnessy - London Office
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I arrived in London in the middle of a June heatwave and spent my first week getting lost, trying to look the right way crossing the road, and trying to walking as fast as everyone else! My first week of work was spent lunching and being taken out to shows and dinners by the welcoming associates on secondment, Munier Saloojee and Francois-Bernard Poulin. After getting settled in, I began working on a file with Al Gourley and Francois-Bernard. The London firm had been working towards getting a Canadian company listed on the Alternative Investments Market in London. Right away, I was off for meetings and sitting in on conference calls with clients. As part of a small team of lawyers, I was able to really get into the deal and had the chance to see all of its different parts coming together. Working in a small office, I had the pleasure of getting to know and work with most of the partners which gave me a real feel for the various projects the London team was working on.
Out-of-office highlights included: visiting Lincoln's Inn and the High Court, getting a massage at Harrods, scrambled eggs ala Gourley, British "chips", the London Eye, lamb burgers at Borough Market, the Saatchi Gallery, Shakespeare's
'Much Ado About Nothing' at the Globe Theatre, eating more chips, seeing Hugh Grant and Sean Connery in person and, of course, celebrating Canada Day at the Maple Leaf Bar in Covent Garden, enjoying some traditional Canadian beverages with about a thousand Canadians all singing "The Good Ol' Hockey Game" - just like back home eh?
My secondment in London was a fantastic opportunity in many respects. Weekdays were spent working hard on really interesting projects and enjoying the wonder of Marks and Spencer pre-made meals, while weekends were spent shopping in Paris, flying kites on the beach in Devon and touring castles in Wales! The London Office is a captivating group of individuals who made me feel really welcome and made my stay unforgettable. Thank you so much to John, Al, Georges, Jim, Francois-Bernard, Blazenka and Anne for all of their kindness and hospitality, and thanks also to Fasken's (especially Sally) for providing such a great summer secondment!