The following students have elected to participate in external secondments as part of this year's summer program:
Pauline Avgeropoulos - Ontario Human Rights Commission
I am happy to report that my experience at the
Ontario Human Rights Commission exceeded all of my expectations. I must admit that I was concerned that one month was not enough time to get involved in any meaningful work. Well, after being included in a number of very interesting and challenging files, my concerns proved to be unwarranted!
Less than five minutes into my first day with the Legal Service Branch, I received a message from a Commission lawyer who needed some research conducted immediately. I was very excited to be included at such an early stage in my secondment, even before I knew where my desk was situated! That research assignment led to an invitation to attend the corresponding hearing the very next day. This was exactly the type of practical experience that I had hoped to gain at the Commission. Later that day, a number of people at the Commission kindly arranged to take me out for lunch where I had the opportunity to meet my new co-workers for the next month, and to try Dim Sum for the very first time!
My first day at the Commission set the tone for the rest of my stay. Everyone continued to make me feel like a valuable contributor to the team by including me in their work and by taking the time to answer all of my questions. I was invited to attend a meeting of the Legal Services Branch, through which I was able to gain a better understanding of the relationship between the Investigative and Legal branches of the Commission. It also helped me to understand some of the issues that the Commission faces in trying to fulfill its mandate. In addition, I participated in a two-day training conference on the topic of the Commission's recently released policy on racism and racial discrimination. Attending the conference was the perfect opportunity to meet a number of Commission staff from its Investigative and Policy branches around the province. The engaging guest speakers and interactive group exercises made the conference an excellent learning experience for everyone involved.
My very last week at the Commission turned out to be the most eventful. I was included in the final phase of a high-profile hearing that had been in progress for quite a while. I had the opportunity to attend the closing submissions of the hearing where I heard some outstanding oral advocacy. Also, the Tribunal unexpectedly delivered its decision in favour of the Complainant the very next day, which was most rewarding. It was great to have the chance to celebrate with Commission counsel who had worked so hard on this file.
I would like to thank everyone in the Legal Services Branch for welcoming me and for allowing me to make the most of my short time at the Commission. They truly are a fantastic group of people who do amazing work. In particular, I would like to thank Amyn Hadibhai who was an outstanding mentor and with whom I worked closely on a number of matters. It was an invaluable learning experience for me, and I would strongly recommend that future students choose the Ontario Human Rights Commission for their secondment.
Shelley Babin - Vancouver Office
My four weeks at the FM Vancouver office were nothing short of incredible, starting with the realization when I stepped off the plane that I was not just a tourist, but would actually have the opportunity to be a West Coast resident for an entire month.
It seems that the FM culture carries across the country all the way to Vancouver. Every student, lawyer and staff member that I met was welcoming and engaging, and obviously interested in having fun. I joined the Ultimate Frisbee team on my first day, had many sushi lunches with lawyers and students, and constantly received great advice about the best shopping, beaches and restaurants in the city.
I worked in Litigation, and had the opportunity to move around to different offices over the course of the month. That meant that not only did I get to meet and work with many people in the firm, but I also got to enjoy several great views of the ocean, mountains and harbour from my window. As part of the student program, I attended lunchtime sessions with some of the top legal minds at the firm, including Mr. Allan McEachern, former Chief Justice of the British Columbia Court of Appeal. I attended the Litigation Group's weekly Muffin Break meetings, where many chocolate chip muffins were consumed, and the world's problems discussed and resolved. I was also fortunate enough to work with great lawyers on interesting files, including research into privacy laws, international commercial arbitration, mining and exploration and constitutional law.
In addition to having fun (and working hard) at the office, I found time to hang around Kits Beach and English Bay, shop on Robson Street and in South Granville, spend a weekend in Whistler and another on Vancouver Island in Tofino, and enjoy some of the best Japanese and Indian food I've ever tasted.
Thanks Faskens for giving me the opportunity to have such a fantastic summer experience!
Noah Billick - GMP Capital Corp.
Corporate lawyers tend to spend a lot of time with investment bankers. And yet, despite working side-by-side on deals we may have very different ways of looking at the world. Even though lawyers and bankers are both integral players in the transactional process, we sometimes do not understand each other's concerns as well as we could. My secondment at
GMP Securities , a highly successful and entrepreneurial Canadian investment bank, gave me some insight into how lawyers can make themselves more valuable to their investment banking clients.
Unlike most secondments, some of the work I did while I was at GMP was legal but most of it was financial. On the legal side, I wrote a few memos on new legislative developments and compliance rules, and I performed an audit of the firm's recordkeeping and its observance of the applicable requirements. On the financial side, I researched industries, participated in numerous valuations and provided feedback on potential investments. While I was surprised to spend so much time on finance as opposed to law, I don't think that I was disadvantaged in any way. In fact, think that I gained particularly valuable experience while working at GMP.
While I don't expect to perform any valuations as a lawyer at Faskens, working alongside bankers and seeing what they do on a daily basis has given me an understanding of their worldview that I will call on in future interactions with investment banking clients. For example, I learned that a law firm's main challenge in dealing with investment banks is conveying its unique value proposition. To most investment bankers, the services offered by the major Bay Street firms are practically interchangeable. A benchmark level of knowledge is assumed. However, a firm can avoid commoditization and can distinguish itself by:
1. Focusing on execution. Bankers get paid based on successfully executed transactions. Lawyers bill hourly so our interests are not identically aligned. Investment bankers value lawyers who are focused on "getting the deal done" and who facilitate that as much as possible.
2. Being highly responsive. Nothing causes a banker to find a new law firm faster than taking too long to return phone calls or emails. Better to call immediately and say "I don't know, I'll get back to you" than to wait until you know the answer.
3. Working hard. Bankers work long hours and they expect quick turnaround from their lawyers. Quick turnaround shows that the deal is as high-priority to the lawyer as it is to the banker. It also instils trust in the banker's mind.
I had a great time doing my secondment at GMP. The bankers were generous with their time and expertise and were tolerant of my many questions. Being seconded to an investment bank is a great way to learn about investment banking and what it takes to be a lawyer who stands out from the crowd. I would encourage all summer students who are interested in securities law to pursue a similar opportunity.
Daniel Fiorita - Vancouver Office
Vancouver in July. What a great city. What a fantastic opportunity. It is difficult to put into words just how wonderful of an experience my secondment to the Vancouver office was, so I'll do so by focusing on three of the greatest aspects.
One, the work. During my first two years of law school I have developed a real interest in the field of International Commercial Arbitration (ICA). Well, Faskens took this interest and ran with it. I spent my time in Vancouver sitting in the litigation and dispute resolution department, but I spent my time working exclusively on ICA issues and questions under the direction of leaders in the international field. Such focus allowed me to develop my interest in ICA further and to examine some of the philosophical and perplexing issues that are still undecided in the field of ICA today. The fact of the matter is that such opportunities are very hard to come by, but Faskens made it happen for me.
Two, the city. My secondment to Vancouver was my first trip to the beautiful west coast of Canada, but it certainly will not be my last. Having the chance to live and work in a city like Vancouver, surrounded by the mountains, sitting on the edge of the ocean, was better than I could have imagined. While in Vancouver I was able to visit Whistler, do The Grind, spend an afternoon with colleagues on the UBC golf course, and check out numerous beaches. There is certainly something to be said for being five minutes from the beach when you get home from work at night.
Finally and most importantly, the people. While in Vancouver, I had the pleasure to work under the direction of Henri Alvarez and Tina Cicchetti. Both were great mentors and are leaders in the field of ICA. They were always very friendly, approachable and a wealth of information. As well, the other lawyers, students and support staff were exactly what I have come to expect from Faskens - nothing short of wonderful. Not only did everyone take a real interest in me getting the most out of my time in the office, but everyone was also very helpful in ensuring that I made the most of my time out of the office while in Vancouver.
I'd like to thank Henri Alvarez, Tina Cicchetti, Margo Munro, Jacqueline Roberts and all of the students in the Vancouver office for making my time out west such a great experience. I would also like to thank Sou Choi and Sally Woods for going the extra mile to make my secondment possible.
Christine Gallo - New York Office
"Bright lights, big city" barely begins to describe my experience in the Fasken Martineau New York office. In terms of the firm atmosphere, I had the opportunity to work in a smaller, more intimate office setting, working very closely with Philippe David and Rick Kozody who were very willing to show me the differences between practicing Canadian law in Toronto and abroad. My most notable observation was the heightened level of client interaction and business development that occurs in this environment, having had the opportunity to attend various seminars, lunches, and meetings designed to network with the New York business environment.
For example, I spent much of my secondment working closely with Philippe on a file of a potential client, a foreign entrepreneur seeking to enter the Canadian market. My role was to research the possible opportunities for partnership and joint ventures that may exist for this client in Canada, giving consideration to the Canadian industry and its strengths and weaknesses. This valuable experience taught me the business side of practicing law.
As for the city itself, there are not enough lines on the page to begin to describe the look, the feel, the sounds, and the tastes that are New York City. I saw Shakespeare in the Park, Matisse at the Met, Neil Diamond at Madison Square Garden, shows on Broadway, had the world's best cupcake at Crumbs Bakery, the best chocolate at Jacques Torres in Brooklyn, the best frozen hot chocolate at Serendipity, and attended mass at St. Patrick's Cathedral. When I wasn't at the office, I was balancing my time between the typical tourist NYC, including the Empire State Building and the like, with more native attractions, such as clubs in the Meat Packing District and the Barneys Sale in Chelsea.
My last assignment in New York? Helping a prominent actor pick out cufflinks at Tiffany & Co. As I found myself saying often over the four-week secondment: "Only in New York."
Jeff Hergott - Ontario Human Rights Commission
A golf course systemically discriminating against women by giving men better tee times. A union representative assaulting a union member for speaking up about racism in the union. These are just two examples of the types of files that I worked on during my one month secondment to the Legal Services Branch of the
Ontario Human Rights Commission ("OHRC").
The lawyers at the OHRC represent the interest of the Commission, whose mandate is to enforce the
Human Rights Code and promote and advance human rights. This includes investigating complaints about discrimination, making efforts to settle complaints and, where appropriate, litigating the complaints at the Human Rights Tribunal on behalf of the Commission.
I had the opportunity to experience the diverse work environment at the Commission. Some of my assignments included writing research memoranda, assisting with drafting pleadings and a factum, attending a mediation and a pre-hearing motion, and attending an open forum meeting for the entire Commission staff.
Although it was for only one month, my time there was exceptional, not only because of the interesting work, but also because of the very collegial environment. From day one I was made to feel as though I was part of the team. It was not uncommon for impromptu discussions about a file or issue to arise in the middle of a hallway or elevator, in which I was invited to offer my perspective. All the lawyers at the ORHC are extremely bright, and perhaps more importantly, passionate about the work they do.
My secondment provided me with a great opportunity to get a different perspective on the practice of law, including a better understanding of administrative law and judicial review. I would like to thank Sally Woods and the Student Committee at Faskens as well as the entire legal staff at OHRC for providing me with such a great opportunity.
Michael Hershfield - New York Office
I was extremely fortunate to receive the opportunity to be seconded to the New York office.
The New York office is the firm's beachhead in the CENTRE of economic and political activity. It was fascinating to witness the legal and professional work that transpired in the office. The firm's lawyers and clients benefit from a strong presence in the Big Apple. The New York office typically provides Canadian legal advice to a diverse range of clients but it also facilitates for our clients many of their American legal needs.
I was lucky enough to be exposed to a broad range of legal and professional matters during my stay in New York. I researched and prepared preliminary documents for Faskens lawyers that were coming into New York for business development. As a summer student this was a unique opportunity to be exposed to a different side of the legal practice. I also attended a luncheon with the Honourable Ralph Goodale hosted by the Canadian Association of New York. The luncheon was intended to allow the Federal Government to communicate the intricacies of the new federal budget to Wall Street.
Even with all the exciting things that were transpiring at the office, I made sure to explore the endless activities and places of New York. To list a few: A musical (Avenue Q), a play (Who's Afraid of Virgina Woolf), a Mets-Yankees game at the house that Babe Ruth built (the Subway Series), Central Park on a Saturday, Pier 40, Battery Park, and an endless array of restaurants and stores that left a huge dent in my wallet.
One of the many highlights of my trip was the UN Symposium for Young Professionals hosted by Business Council for the United Nations. The symposium afforded me a unique opportunity to get a glimpse of the international legal issues currently at the top of the UN agenda, through discussion with UN officials, Ambassadors, and business professionals. This year's topics included an overhaul of the Nuclear Non-Proliferation Treaty (NPT), the role of the International Criminal Court (ICC) in the crisis in Sudan, mobilizing private-sector capital in the developing world, and UN reform.
This was one of the best summers of my life, and it is due in large part to the Toronto Student Development Team. Thanks! I would also like to thank the NYC team, Philippe, Rick, and Althea for making my experience in New York so enjoyable.
Adam Inglis - Hydro One Networks
My summer secondment was spent with the in-house counsel of
Hydro One Networks. It was a great experience as I received some interesting and challenging work. Over the course of my time at Hydro One I drafted statements of claim, researched bankruptcy law and looked into punitive damages against marijuana grow-ops who steal power! I felt very welcomed by the people there and enjoyed the positive atmosphere.
I also enjoyed my secondment because I got to look at the practice of law from a perspective different than that of the large Bay Street firm. I was always curious about how in-house counsel worked and how they interacted with private practice firms. I made quite a few friends there and will definitely keep in touch with them in the future.
The one danger with working at Hydro One was that it was located right next to the Eaton Centre and it takes a will of steel to resist the siren's call of that place! Unfortunately, I did not have a will of steel (aluminum maybe) and ended up improving my wardrobe significantly.
Marc Lefler - GrowthWorks Inc.
This summer, I had the pleasure of being seconded to
GrowthWorks, a leader in venture capital and fund management. I have a deep interest in the venture capital and private equity marketplace, and was very pleased to learn that Faskens had created for me an opportunity such as this one.
GrowthWorks is a venture capital firm, managing various funds that invest in small and medium-sized entrepreneurial businesses throughout Canada. GrowthWorks looks for businesses with high growth potential that need equity financing to achieve success.
During my time at GrowthWorks, I worked directly with the Toronto investment team. I was invited to sit in on weekly investment strategy meetings, client conference calls and informal meetings. I am a big proponent of "listen and learn" and was afforded such an opportunity at GrowthWorks. I was directly involved in, and assisted with, the closings of equity and debt financing transactions; was in direct contact with the CEO's of GrowthWorks' investees in order to facilitate said transactions; compiled due diligence for a $500,000 convertible debt financing and prepared a memorandum outlining the legal considerations surrounding Canadian Controlled Private Corporations.
The opportunity to work at GrowthWorks has proven to be an invaluable experience. It not only gave me an insight into the investment industry but it has allowed me to gain legal experience from a client perspective. Thank you to Les Lyall, Andrew Pinkerton, Joe Regan and the rest of the investment team at GrowthWorks.
Alex Nikolic - London Office
Needless to say I was thrilled last spring when I found out that I was going to spend July at the Fasken London office for my secondment. The chance to live and work in one of the most vibrant and storied cities in Europe does not come by too often. The team in London operates in one of the most competitive legal markets in the world. Immediately I was made to feel as though I was a member of the group. Upon my arrival to the office I was thrown into a variety of files and many greeting lunches and evenings out soon followed. The type of work was very interesting. I was exposed to a wide variety of corporate commercial files such as loan and bridge financing agreements, private placements, public offerings, as well as mergers and acquisitions. The focus of the Fasken London office is mainly on offering Canadian legal services and advice for cross border transactions.
My time in London was very hectic as the office was quite busy. The morning of July 7th, I was on the tube heading to the office when the London terrorist attacks took place. It was only an hour later at the office that I found out what had truly occurred. It took us the better part of the day to recover from the initial shock. The following several weeks were an incredible display of the famous resilience and steel will of the British. Instead of complete chaos and panic spreading through the city, Londoners carried on with dignity despite the terror and uncertainty. It was truly a remarkable sight to witness.
In the third week, we moved from the original office location to a larger space to accommodate the transition and growth of the London office. One of the benefits of working in a smaller office of a large full service internationally focused Canadian law firm is that the quality of deal flow encountered is high, and the interaction within the group is intense. I was able to observe the initial stages of a large transaction unfold. The excitement, uncertainty and entrepreneurialism was very enjoyable for someone with an interest in corporate law to experience.
Living in London is hard to summarize in any other way than it simply being an amazing experience. The flat was centrally located (I could hear Big Ben from my balcony), and in close proximity to the office. I had ample opportunity to explore the city, including museum visits and some live shows. Having the opportunity to work and live in a one of the cultural and financial capitals of the world is an experience second to none. On several weekends I managed to meet up with friends in Vienna and Amsterdam and enjoyed a wonderful time with a close friend who came to visit for ten days. The remaining weekends were spent in London, and on a road trip through the English countryside.
Jean-Michel Noël - Ontario Securities Commission
My secondment at the Enforcement Branch of the
Ontario Securities Commission (OSC) was a great learning experience. I gained real insight into the "creative" market strategies employed by some brokers and issuers as they tried to enhance the value of their securities, and also into the excellent forensic detective work done by the OSC to ensure that such creativity does not upset public confidence in the Ontario securities market. While at the OSC, I enhanced my knowledge of market manipulation and "boiler rooms," as well as insider trading, and I also had the privilege of attending a wide range of interviews, hearings and trials. I was able to work on cases that were consistently making headlines in the newspapers and on national television, such as the Rankin case, which was particularly interesting with its intersection of law and human drama. The Rankin case is an insider trading and tipping case where Mr. Duic, testified against his childhood best friend, Mr. Rankin. I helped summarize court transcripts, which then assisted counsel in writing his closing statement. I also worked on a market manipulation case where some of the respondents were notorious figures.
The people at the OSC were friendly and very helpful. I was assigned a mentor and all the lawyers that I worked with made me feel welcome and at ease. I was given meaningful work and constructive feedback on my product. The OSC staff always made an effort to include me and other students in all the their social activities, including such events as the "lunch and learn."
Many people perceive securities regulation as a dry field of law. However, having spent four weeks at the OSC, I can honestly say that securities regulations is rather fascinating with its combination of law and human intrigue (or "creativity"). I would like to thank Faskens, for provinding me with the opportunity to work at the OSC.
Sara Parchello - London Office
Despite prior warnings of small appliances and $15 cheese and pickle sandwiches, when Sally Woods informed me that I would be seconded to the London office, I was thrilled. London is one of my favourite cities in the world and I was excited to experience it from a legal perspective.
My first few days in England were spent up north in the "moors" of Yorkshire with some of my family. We rented a house for the weekend, it was reputed to be the oldest house in the region, replete with its own ghosts! The weekend was lovely and relaxing but I was eager to get to London, settle in, and begin living in London.
The London office has been growing steadily over the past few years. Its geographical position makes it a great staging post for much of the firm's international work, particularly in South Africa. Because of a wide range of international work, the office is always abuzz with lawyers coming and going, and diverse and interesting files. The London office typically provides Canadian legal advice to a diverse range of clients, involved in large mergers, acquisitions and/or debt financing projects. I had the opportunity to work on several of these files, and though I couldn't always understand the language of the agreement (I saved securities law for my last year of law school...) I learned a lot in terms of the complex jurisdictional and securities issues involved in such transactions. Also, it was good hands-on experience to look at how agreements are drafted, skills that one does not typically learn in law school, but extremely important and practical.
Some of the research files I worked on were equally fascinating. Sometimes a question from a client, or potential deal would spark a fascinating research projects. I worked on several memos which ranged from the new professional responsibility rules issued by the Financial Services Authority on lawyer duties to prevent money laundering in investment scenarios, the renewable energy obligation certificates and market, and issues surrounding liability and prefabricated housing exports. Working in a smaller office was fun because the work was so varied, but also because I had a chance to get to know just about everyone that was working there, and it was very much a team feeling. This was expressed in the surprise birthday party (under the guise of calling me downstairs to give me work at 6:00 pm) as well as being invited to lunches hosted by the Canadian High Commission for the President of the Bank of Canada. As much as I could I also tried to do some of the tourist things in London. I went to the Frida Kahlo exhibition at the Tate Modern, several concerts (including the Specials) and the We Will Rock you Musical (my aunt's choice) and lectures by authors, such as Jung Chang at the Queen Elizabeth Theatre. The other great thing about working in London is the chance to jet-off on the weekends to other countries. Beyond Yorkshire, I travelled to Amsterdam and to Paris.
Finally I would like to thank the London weather for only raining twice and to all the motorists who narrowly avoided me whist I looked the wrong way crossing the street.
Andrew Pilliar - Downtown Legal Services
A month at the University of Toronto's legal clinic,
Downtown Legal Services (DLS), puts a different spin on being "in the trenches". The clinic, which is located at Harbord and Spadina, has a catchment area that comprises much of downtown Toronto, and is staffed primarily by University of Toronto law students, acting under the supervision of several staff lawyers. The clinic is made up of several divisions: immigration and refugee, employment and human rights, tenant/housing, university affairs, and children's rights. Each student carries several criminal files in addition to their division work, as DLS deals with a variety of summary criminal matters and is one of only two legal clinics in Toronto that takes on criminal cases.
Funded in part by Legal Aid Ontario, and in part by the University of Toronto, the clinic moved into a newly renovated building two years ago, the funds were generously donated by Fasken Martineau.
During my month-long secondment, I worked in the immigration and refugee division while also carrying several criminal files. The work took me to court on a regular basis, and provided many opportunities to interact with clients from a wide range of backgrounds. From a career development standpoint, one of the great advantages of the clinic experience, as with most clinical education programs, is the opportunity to get up in court and learn how the process works first-hand. There is likely no better way to get a feel for the courtroom than by watching other counsel and actually getting on your feet.
Law students at the clinic are also responsible for managing their own files (under the supervision of the staff lawyers). Again, there is no substitute for learning by experience how to communicate professionally with clients, and how to keep track of the paperwork required in carrying a matter forward.
While at the clinic, I helped prepare materials for a judicial review of a refugee case which was heard at Federal Court. Judgment in the hearing, which was reported in the Toronto Star, has been reserved, and we expect to hear the result within the next few weeks.
In summary, Downtown Legal Services does brisk business (often, potential clients must be turned away because there aren't enough students to take on new files). The clinic provides a necessary service to the community, and pays a dividend of excellent experience for the students who staff it. Fasken Martineau has played an important role in funding the clinic's new premises, and in providing the opportunity for a secondment experience at DLS.
For more information on the clinic, go to
www.dls.utoronto.ca (and check out the picture at the "Law Students" extension...)
Dawn Robertson - Vancouver Office
I requested the Vancouver office for my secondment because I wanted to get a feel for the national character of Fasken Martineau. While the firm's Vancouver clients may face different challenges in different markets, I was not surprised to find that the Vancouver lawyers approach their practice with the same sense of client service and teamwork that had brought me to the Toronto office.
I spent the month in the Litigation department and the lawyers were quick to include me in interesting files. I researched a number of problems in contract law, statutory interpretation and evidence law and helped the lawyers formulate options and advice for our clients. I also had the opportunity to work on two highly sensitive matters which had emerged out of a major labour dispute in the province.
A highlight for me was being able to work with lawyers whose accomplishments I had learned about earlier in the summer. On my first day, I met two lawyers who had secured a landmark injunction in BC Supreme Court in a passing off case - the same injunction that Toronto lawyers had relied on when I attended a mediation on a knock-off clothing case in May. It was great to talk to those lawyers about that injunction and they gave me some interesting work on a new trademark and domain name matter for the same client.
I had a great time living in Vancouver, a city where I had lived for a few years when I was in secondary school. I attended a hilarious production of
Rosencrantz and Guildenstern are Dead at Bard on the Beach in Vanier Park, watched the Celebration of Light fireworks in English Bay, and explored the new restaurants and shops downtown. I spent my final weekend in BC on a wine tour in the Okanagan Valley, driving with the top-down in a rented Mustang GT (red, of course!) through one of my favourite parts of the country.
Many thanks to Margo Munro and Jacqueline Roberts in the Vancouver office for planning my visit and to all of the lawyers and staff who made me feel so welcome.
Maria Sirivar - Ministry of the Attorney General (Constitutional Branch)
My goal for the summer was to confirm, "what I am going to be when I grow up". As such, I sought to be exposed to as many areas of law as possible. My secondment provided the opportunity to explore an area of law that is outside the corporate sphere.
I spent six incredible weeks in a place where M&As, hostile take-overs and IPOs are not common conversational topics. Rather, at the Ministry of the Attorney General, Constitutional Law Branch, water cooler conversions revolved more around section 91 and 92, section 1's ability to save an infringement and whether the appropriate balance was struck.
Such conversation stems from the litigation and opinion services the branch provides to the various ministries in the province. The lawyers tackle the constitutional implications of legislation governing a variety of subject matter ranging from the environment to child services. As such, the work is always interesting and provides endless opportunities for learning.
From my very first day to my last, I had the opportunity to make meaningful contributions by researching and writing about issues such as division of powers, freedom of expression, equality and of course, every litigation hopeful's favourite, the Rules of Civil Procedure!
What I found most interesting about the work was the fact that most of the issues that were addressed had broad impact and relevance. Developments were often reported in the media and outcomes generally had implications for many "average" people.
While I still do not know what my professional future holds, I am grateful to have been seconded to the Constitutional Law Branch. I take from my experience an appreciation of the value of finding one's passion and its ability to motivate and enable people to excel professionally. Consequently, I too have been motivated and my interest in and enthusiasm for litigation has been amplified!
Jennifer Sloan - Ontario Human Rights Commission
This summer I was very fortunate to have had the opportunity to work at the
Ontario Human Rights Commission (OHRC). This was a great experience during which I was involved in some very interesting work from day one and was able to work with some amazing lawyers.
During my four weeks at the OHRC I was involved in a number of different tasks including researching, working on mediation briefs, and drafting various documents. I also attended a mediation conference, which is when the three parties involved in a human rights complaint-the Commission, the Complainant and the Respondent-try to reach an agreement before going to a hearing. All of these tasks helped me to understand the process involved in a human rights complaint and gave me a clearer picture of the complex legal issues surrounding this body of law.
The highlight of my secondment was my second week at the OHRC when I accompanied one of the lawyers to Ottawa to attend a tribunal hearing. During this trip I not only sat in on the tribunal hearing for three days but was also able to meet with the client and expert witnesses as well as work with the lawyer to prepare for the hearing. This trip was an incredible experience and I left with a much better understanding of the tribunal process.
The four weeks that I spent at the OHRC were a great learning opportunity and I would definitely recommend this as a secondment to any future student. The work was extremely interesting and I was able to work on a number of different files. Also, the lawyers that I worked with at the OHRC were all great and I feel very lucky to have had the chance to work with them.
Charles Todd - Department of Justice - War Crimes
In addition to the corporate law one expects to be exposed to in a Bay Street student program, I had the opportunity to spend a month living in Ottawa and working at the
War Crimes Unit at the Department of Justice.
Although it's only a four and a half hour car ride away, the DOJ War Crimes unit is pretty much as far from Bay Street in terms of a legal practice as you can get. The combination of being a government lawyer in Ottawa and working in the unique and immensely interesting field of international criminal law proved to be a valuable learning experience in a number of ways, which is the precise goal of Fasken's secondment program.
The DOJ War Crimes Unit works in conjunction with the RCMP and a team of historians to bring war criminals to justice in two ways: either through criminal prosecution under the
Crimes Against Humanity and War Crimes Act or through the revocation of Canadian citizenships and the deportation of war criminals to face justice in their home countries.
My time in Ottawa was spent researching a number of interesting legal and factual issues in international criminal law and Canadian immigration law. I also interacted with many of the units lawyers on a regular basis, whether in one-on-one or large group meetings. I was treated as a member of the War Crimes team from the first day I arrived and the multitude of feedback I received was pleasant and constructive.
Working in such a fascinating area as War Crimes, but also within the general framework of the DOJ made my day to day work interesting and my overall experience valuable, as I was exposed to an intriguing and uncommon area of law and also afforded a window into the life of a government lawyer from my position at Faskens. I would like to thank the Student Committee at Faskens for creating such a unique opportunity and the entire War Crimes unit at the DOJ for such an interesting and exciting month.
Kevin Yip - Ontario Securities Commission
The
Ontario Securities Commission (the "OSC") is Canada's largest securities regulator and has a dual mandate "to provide protection to investors from unfair, improper or fraudulent practices; and to foster fair and efficient capital markets and confidence in their integrity." As someone who has studied the capital markets for many years, I was interested in seeing how the OSC operates to meet this goal. Therefore, I was very excited and grateful that Faskens was able to arrange, for me, a secondment in the enforcement branch of the OSC. Now that my summer has concluded, I can safely say that my high expectations for this experience were met. I had an incredible time working on interesting projects and with great people.
The press received by recent OSC enforcement cases highlights the importance of these cases and the resulting notoriety of those involved. Many of these cases will seem familiar to people who have read books such as
Barbarians at the Gate, a story about the fall of RJR-Nabisco, or
Liar's Poker, dealing with bond traders in the late '80s, or
When Genius Failed, about the unwinding of a giant hedge fund. The common thread between these real- life stories are the strong personalities and tales of avarice. When I arrived at the Commission, the staff had finished their closing arguments of
R v. Rankin, a case with a similarly intriguing cast of characters. In speaking about the allegations of breaches of securities by Andrew Rankin, Justice Khawly aptly noted, "In short all those ingredients have made this case a perfect storm for the gossip mills of the securities industry." Of course, the point of working at the litigation team of the enforcement branch is not to gossip, but to gain an unparalleled experience in learning about litigation.
The reason that I wanted to visit the enforcement branch, in particular, was that it allowed me to view a different aspect of the financial industry from that which I was familiar. After spending years before law school studying the capital markets through technical models and financial analysis, looking at the capital markets through the regulator's perspective was new to me and I was able to learn many things.
First, my work on enforcement cases really showed me the human element of what I was doing. Although everyone knows that the law is about really about people, sometimes it is hard to realize this while reading appeals cases and statutes in law school. The students at the OSC often spend time reading through transcripts such as those from trial, discovery, or investigations. Although seemingly tedious, one can really get a good sense of the personalities involved, how important issues developed, how an investigation proceeds and the role of evidence in the proceeding. I found these to be excellent learning experiences.
Second, I began to understand the role and importance of evidence in the litigation process. Much of the research that I performed during the time that I was at the OSC involved the law of evidence. This gave me insight into how evidence rules are applied in the real world and why some of the rules exist in the first place.
Third, my securities regulation professor was right when she said that understanding securities laws requires understanding securities policy. I had the opportunity to study some policy issues in depth regarding changes in the securities litigation regime and found that policy considerations are very important in this field.
Through I was there only for a short time, I feel that I made an important contribution. For example, in one project I was able to see the results of my research incorporated in a decision that was made by the Commission. However, the most important reason that I enjoyed my stay at the OSC was the opportunity to work with many wonderful people. The lawyers, staff and students at the OSC were great. Special thanks to Jane Waechter, Johanna Superina and Emily Cole who supervised some of my larger projects. Finally, I would like to thank Faskens for arranging such a wonderful experience for me.