Summer Secondments 2007
The following students have elected to participate in external secondments as part of this year's summer program:
Laura Baron - Vancouver Office
I was thrilled when I received word that I'd been placed in Vancouver for my summer secondment. I've always loved visiting the city, but never had the chance to be a resident, so a month working at the Fasken Martineau Vancouver office, nestled between the mountains and the ocean, was my ideal placement.
My first lesson as a Vancouverite was learned walking to work the first day. Shrugging off the grey skies as I left my apartment, with freshly blow-dried hair and a freshly dry-cleaned suit, I thought about the umbrella I had upstairs in my suitcase, but with our offices a short 10-minute walk away, I went ahead without it. When I arrived at reception to greet my new colleagues frizzy, damp and wrinkled, my error was clear enough: in this town it always pays to go back for the umbrella.
Despite a slightly soggy introduction to FMD Vancouver, I had a great time at work, where a municipal strike had the Labour Department swamped with interesting projects for me to get involved with. The buzz on the Labour floor was often almost perceptible, and despite the general busyness, people were always willing to spare me a few minutes to clarify an issue, direct me to a certain book, or explain a concept. Indeed, I found one of the best parts of being immersed in a different office was appreciating how truly different the legal landscape is in British Columbia from Ontario, and coming to understand how the cultural climate of a place will inform the legal market and vice versa.
Outside of work, I had the opportunity to visit with friends I don't see nearly as much as I'd like, go to a few of Vancouver's many fantastic restaurants, and actually be one of those people who does things after work like go to the beach, sail around the harbour or hike a mountain.
It was a wonderful month, and I sincerely appreciate the efforts of the student team in Vancouver and Toronto for co-ordinating a worthwhile and thoroughly enjoyable experience for me. Thanks!
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Paul Braczek - Shouldice Hospital
During my secondment, I was fortunate to observe one of the best business models in healthcare first-hand. Shouldice Hospital is a private hernia hospital in Thornhill, Ontario. For over fifty years, the doctors at Shouldice have performed hundreds of thousands of hernia operations on patients from around the world. At a fraction of the cost in a public hospital, they produce better medical outcomes, all in a wonderful, country-club setting.
As part of my secondment, I was involved in the Hospital's ongoing government relations and regulatory issues, as well as its business development initiatives. I worked with the Managing Director and the Board members on a daily basis, which gave me better insight into the day-to-day legal and business preoccupations of managing a hospital. Thanks to my secondment, I gained an invaluable opportunity to better understand a client's business, apply health-related legislation and develop new relationships within the healthcare field. One of the most memorable moments for me, however, was getting to scrub in to observe a couple of hernia surgeries!
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Sean Carter - Ontario Human Rights Commission
One of the true highlights of my summer was the opportunity to be seconded to the Legal Services Branch of the Ontario Human Rights Commission (Commission). Even though I had looked forward to the opportunity to work at the Commission for many months preceding my secondment, the experience still exceeded all expectations I had.
From my first day during which I assisted counsel at a Tribunal hearing, to my final days coordinating an aerodynamics test at a racetrack in Cayuga, Ontario, the breadth of experience during my secondment was extraordinary. I had the opportunity to draw on the tremendous depth of talent and experience of so many of the lawyers at the Commission and was able to assist in a variety of capacities in cases ranging from religious discrimination to sexual harassment. Because of my interest in litigation, it was an invaluable experience to be able to have exposure to proceedings and litigation under the Human Rights Code, administrative law and judicial review.
It was an honour to be able to work with the calibre of legal counsel at the Commission and I know I will count the experience as one of the seminal learning experiences of my legal education. The fulfilment that comes with knowing that one is utilizing their good fortune to have a legal education in the service of others and for the protection of those that cannot otherwise have access to justice is a lesson I will not soon forget.
I want to thank Faskens and the Student Committee for giving me the opportunity and support that made my secondment possible. I would also like to congratulate the same for their long-standing and well-respected relationship with the Commission over the years and their commitment to giving students the opportunity to engage and learn about the human rights process in Ontario.
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Jessica Catton - Ministry of the Attorney General (Court Services Division)
This summer, I was fortunate enough to spend four weeks at the Ministry of the Attorney (MAG), Court Services Division, also known as CSD (and I've learned that at MAG everything has an acronym). During my secondment, I was able to see firsthand the policy, planning and programs development function of the CSD through my work with the Criminal Policy and Programs Branch, the Civil Policy and Programs Branch, and the Family Policy and Programs Branch. The work was fascinating and the lawyers and staff were extremely supportive, which provided me with a fresh, challenging and extraordinary experience.
As a Summer Student at Faskens, I was assigned the occasional task of filing documents at the courthouse, known commonly among the students at FMD as "Delivery Law." Documents in hand, I would walk down University Ave., take a number at the counter, file my documents and be on my way. Prior to working at CSD I had never put much thought into what happened to the documents after I left them with the court clerk or, even more broadly, who ensures that the court system in Ontario is running properly and efficiently. That's where CSD comes in. MAG's largest division is responsible for managing the more than 250 court offices in communities across the province.
Among other things, CSD Counsel develop operational policies for the courts, provide proactive and strategic policy analysis and advice, work collaboratively with the court field operations to develop and implement legislative, regulatory and program initiatives, and provide legal advice and program support to senior management and court staff across the province. Through research and many other tasks, I was fortunate enough to help CSD Counsel with some of these types of initiatives.
In addition to my work at the MAG office, CSD graciously provided me the opportunity to participate in several off-site information sessions (such as a Cabinet information workshop and a courthouse tour). These sessions gave me a greater understanding and appreciation for the complex workings of the provincial government, and more particularly the court and judicial systems.
I would like to extend my gratitude to all the branches within CSD for their kind support and effort in making my secondment an enriching and fulfilling experience. I would also like to thank the Student Committee and the rest of the team at FMD for their generosity in sponsoring my time at CSD and providing me with such a valuable learning experience.
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Anna Dayan - Ontario Human Rights Commission
This summer, I was fortunate enough to spend a challenging and exciting four weeks at the Legal Services Branch of the Ontario Human Rights Commission (OHRC) in Toronto. My secondment began in early June, after a brief four weeks at Faskens. While I had spoken to a number of Faskens articling students and associates who had done their secondments at the OHRC, I was eager to find out what kind of work I would be doing at the Commission and interested to see whether Bill 107, (the new amendment to the Human Rights Code, which, among other things, reformed the role of the Legal Services Branch,) would affect my time at the Commission.
Within the first two hours at the OHRC, I knew that my month was going to be even more fascinating and exciting than I expected. After being introduced to many of the lawyers that I would be working with, I was asked to participate in a meeting about a high profile case that the Commission was intervening in. While I tried my best to look as inconspicuous as possible, one of the lawyers unexpectedly turned to me and asked, "how do you think we should proceed?" I soon learned that this was not a rare occurrence at the OHRC. From the very first day, I truly felt like I was part of the staff and that my opinion would be taken just as seriously as anyone else's.
During my time at the OHRC, I became involved in a number of fascinating legal disputes, including those involving allegations of discrimination against religion, gender and ethnicity. Not only was I was able to do important legal research, draft memos and review facta, I was also given the opportunity to draft a settlement agreement between two parties that was to be reviewed by the Chief Commissioner, Barbara Hall. I was also responsible for drafting several "reconsideration reports" for the Director of Legal Services. These reports assess the merits of an appeal by a complainant whose case has recently been dismissed and involve a recommendation as to whether or not the Commission should re-evaluate the matter. While the prospect of writing such an important report terrified me, I was comforted by the support and guidance that was provided to me by the warm and welcoming staff at the Commission.
All in all, my time at the OHRC provided me with an invaluable learning experience. It was incredible to meet and work with some of the lawyers who have had such a significant impact on Canadian law, and was remarkable to see how passionate and committed they are to their work. I would definitely recommend this secondment to any future students and would be happy to discuss my experiences further with anyone who is interested. Thank you to all of the lawyers at the Commission for welcoming me and for involving me in such interesting work. A special thanks to Prabhu, Alyssa, Eric, Megan, Hart and Kikee for making my experience at the OHRC so unforgettable! Finally, I would like to thank the student committee at Faskens for arranging such a wonderful secondment for me.
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Patrick Dolan - University of Toronto, International Business & Trade Labour Summer Internship Program
I spent my secondment as a research assistant for Prof. Edward Iacobucci, who takes a law and economics approach to competition law. I had the opportunity to research both U.S. case law and academic articles on the issue of tied sales. Competition law interests me because of the connection between academic thinking and the law. While the dominant stream of academic thought may be far ahead of judicial reasoning, the current scholarship does creep into the basic assumptions of judges.
My secondment provided me with the opportunity to approach the law from their perspective of a researcher at fore of his field. The work was interesting because it was not specifically about any particular provision or policy recommendation. It helped me to appreciate not only the bare bones of academic thinking, but also how judicial decisions can be turn on unstated basic assumptions that are rooted in the social sciences.
I would recommend being a research assistant to anyone who has a strong interest in a particular area of law. Although as a research assistant your topic has likely been determined by someone else, you have the freedom to explore the topic in your own way and to contribute your own ideas to the project.
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Robert Drake - Competition Bureau
I was lucky enough to arrange my summer secondment to the Toronto office of the Competition Bureau. The Toronto office is unique compared to other offices because it encompasses two specialty areas: criminal matters (such as investigating and tearing down cartels) and fair business practices (making sure that hardworking people are not defrauded by misleading advertising). While at the Bureau I was able to meet a range of smart, dedicated individuals who enjoyed their job.
My month secondment focused on cartels, and the dealings that go on in smoke-filled rooms that affect the Canadian consumer. I studied the different responses of international competition regimes to cartels, and the incentives that are in place to motivate cartel members to cease their actions and snitch on the conspiracy.
Overall, I was able to get a feel for how the federal government works, and was able to get a new perspective on how regulatory and enforcement agencies work.
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Jim Elson - Department of Justice
"Tell me what you know."
The five most terrifying words a law student can be asked by senior counsel. I didn't know where to begin. And how to explain I really knew nothing…?
"Start from the beginning, for instance: where do you go to school?"
I did my best to explain a bit about myself, and moments later, I was comparing witness statements regarding atrocities committed in the former Yugoslavia.
The Crimes against Humanity and War Crimes Section (the "Section") of the Department of Justice (DOJ) works in concert with the RCMP, Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA) to uphold the Government of Canada's position that Canada is not a safe haven for anyone involved in or complicit in crimes against humanity, war crimes or genocide.
War criminals may attempt to enter Canada and gain citizenship. One of the main functions of the Section is to work with the other government agencies to deny entry and citizenship to such persons, and where required, revoke citizenship when it has been granted. I had the opportunity in my time with the Section to work on two citizenship revocation proceedings, and was simultaneously amazed at the subject matter forming the basis of the revocation and the complexity of the process itself.
In addition to work surrounding citizenship and revocation thereof, Canada has enacted the Crimes Against Humanity and War Crimes Act (the "CAHWCA"), in line with its obligations under the Rome Statute of the International Criminal Court. The CAHWCA allows for the prosecution in Canada of crimes against humanity, war crimes and genocide committed inside or outside of Canada. While I did not personally prosecute anyone for such crimes, during my stay I did have the chance to perform research into the application of the CAHWCA, and to draft an opinion on whether a person who was applying for refugee protection in Canada was complicit to crimes against humanity in their country of origin.
This is not an experience that I will soon forget, and I sincerely appreciate the opportunity given to me by Faskens and the Section to briefly explore a new and developing area of Canadian law. I would like to thank the entire staff at the Section for welcoming me, in particular Penny Picard, John McManus, Joseph Rikhof, Terry Beitner, Angela Justason, Timothy Tam, Searle Schonewille and Emily Dwyer. And as always, a big thank you to the Professional Development Team at Faskens for setting me up with such an amazing secondment!
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Laura Fetter - Ontario Telemedicine Network
In August 2007, I had the pleasure of being seconded to the Ontario Telemedicine Network (OTN) in North York, Ontario. I wanted an experience that would let me put my background in science, business, and technology to good use and OTN seemed like an ideal placement.
OTN is a relatively new not-for-profit organization that was created in April 2006 when three regional telemedicine networks merged to form a provincial telemedicine solution. It supports the delivery of clinical care, education and health-related administrative services for its members at more than 360 urban and rural sites across the province.
On my first day, I had the opportunity to observe a mock consult between physicians in Devon Island and Toronto. This experience showed me the enormous possibilities and benefits of the telemedicine services provided by OTN. Located in the Territory of Nunavut, Devon Island is the largest uninhabited island on Earth. Members of the Canadian Space Agency and NASA conduct research on Devon Island as its polar desert environment is considered to be a terrestrial analog for Mars. OTN provides the teleheath infrastructure to support the care of the scientists and staff during the 2007 field season.
During my stay at OTN, I researched how privacy legislation affects the telemedicine industry and assisted in drafting agreements between OTN and its members or service providers. I also conducted employment research for the OTN Human Resources department.
The people at OTN were very welcoming and made me feel that my efforts were appreciated. Thank you, OTN and Fasken Martineau, for an enjoyable secondment!
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Louise Kennedy - Ontario Securities Commission
My summer at Faskens was filled with excitement, interesting people and opportunities to work on a variety of corporate transactions.
At the end of July, I left 66 Wellington Street and began my secondment at the Ontario Securities Commission (OSC). I was placed in the Enforcement Branch. This was a very exciting department to work in and exposed me to another side of corporate transactions and the type of work involved from this angle.
During my one month at the OSC I got a glimpse of the wide array of work done by the Enforcement Branch. I worked on several research projects, prepared for, and attended a hearing and participated in an interview for an upcoming hearing. It was a very fulfilling experience to see the research and preparatory work I had done for the Hearing be put to use.
I would like to thank Derek Ferris, Larry Masci and Muriel Carson for providing me with such a rich experience at the Ontario Securities Commission. I would also like to thank Faskens for enabling me to participate in this secondment and for an excellent summer.
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Ida Martin - Vancouver Office
During the month of July I was fortunate to be seconded to Fasken's Vancouver office. During this month I met many interesting practitioners, worked on some fascinating files, and had time to enjoy the glorious Vancouver Summer.
The people in Vancouver were very welcoming. On the day that I arrived, Bibiane Bysterveld, the student co-ordinator, organised a welcome lunch in my honour and Mark Pontin, a litigation lawyer, took me around to introduce me to everyone on the floor. By a fortunate coincidence, four people from my small group at UBC law school were also summering at Fasken's Vancouver office. I thoroughly enjoyed catching up with them and meeting the other summer students. Needless to say, I felt completely included in all aspects of the Vancouver summer program.
The work was varied and interesting. I was involved in everything from attending a BC Securities Commission hearing to finding historical environmental data on Vancouver. I particularly enjoyed my exposure to the office's large and knowledgeable aboriginal law group. My favourite project involved researching ways to set aside a judgment where our client had consented to have that judgment entered against him.
I spent my non-working time enjoying the beautiful Vancouver summer. I went camping, saw a Shakespeare play on the beach, walked along the Sea Wall, ran through Stanley park, ate my fill of sushi, and played some beach volleyball. Also, having lived in Vancouver for the last eight "Wet Coast" winters, it was fabulous to finally experience the city when it wasn't soggy.
I would like to thank all the people at both the Vancouver and Toronto offices for making this secondment possible and for ensuring I had a wonderful experience.
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Caolan Moore - Paul-A. Gélinas, Paris, France
After discussions with Sally and other lawyers at Fasken, I was delighted to finally arrange my secondment with the office of Paul-A. Gélinas in Paris. I have a great interest in international commercial arbitration and Mr. Gélinas, an arbitrator, a member of the Montréal and Paris bars and a former law student at Fasken (a proud member of the class of 1964!), came highly recommended. I was not disappointed.
In an office in Paris' lovely 16th Arrondissement, I worked closely with Mr. Gélinas and his associate Laura Akhavi on a number of files falling into diverse legal jurisdictions. Most of my time, however, was consumed by my work on a large construction arbitration. As Chairman, Mr. Gélinas was responsible for producing the first draft of the Tribunal's decision. I was intimately involved with this large and complex file, and was given the opportunity to help draft some of its provisions. I spent many hours engaged with Mr. Gélinas in substantive discussions on points of law.
Working in a smaller office in both French and English was also a great experience. The lawyers made an effort to include me in their work and went out of their way to make me feel welcome. Although I was only there a short while I was given much responsibility and introduced to new areas of law. I was also taken to the International Chamber of Commerce and introduced to a number of other of lawyers during my stay.
There was of course the added bonus of being in Paris. This was very nice. I was able to visit many sights and had many nice chats at cafés and evening outings, but the amount of worked meant that I didn't see as much as I would have liked. But then again, I wasn't really in a rush. I was finishing my law degree in Paris in September and had plenty of time to get to know the city.
In all, I learned an incredible amount during my time in Paris in what was truly a unique experience.
My sincerest thanks to Paul-A Gélinas, Muriel Girard, Laura Akhavi, and Marianne Foreau in Paris, to Sally Woods, Sou Choi, the FMD Student Committees, my supervisor Georges Dubé for his helpful counsel, and the firm for providing me with such a wonderful opportunity.
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Emmeline Morse - Downtown Legal Services
I was fortunate to have the opportunity to serve my community during my secondment at Downtown Legal Services, the legal clinic affiliated with the University of Toronto. I chose to summer at Faskens in large part because of their secondment program. The secondment program is emblematic of a commitment to the greater community, which I felt was an important aspect of the Faskens firm culture.
Downtown Legal Services is on the "front lines" in the battle to increase access to justice in Canada. A David to the Goliath of economic and social barriers its clients face, Downtown Legal Services provides representation to clients encountering problems in criminal law, family law, immigration, education, and housing. Students also work to educate the public on legal rights, in an effort to stop legal issues before they begin.
During my four weeks at Downtown Legal Services I was able to research, update and organize information about legal services in Toronto to better help University of Toronto students address the specific needs of our clients throughout the year. I also updated the Downtown Legal Services website in an effort to notify more members of the public about our legal services. All of my work this summer was geared towards helping members of the public access the community services that are available to them.
Working with the full-time students and staff of Downtown Legal Services has been an inspiring experience. Each day these individuals set out to address the daunting reality of limited access to justice in Canada. I thank Faskens for the opportunity to assist Downtown Legal Services in this endeavour.
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David Mueller - London Office
The opportunity to spend part of a summer working and living in London, England would be very exciting for any law student. In light of Fasken's recent merger with a mid-size London based firm, Faskens now operates one of the largest Canadian based law practices in England which was sure to make my trip much different then those seconded to London in year's past. I would be the first Toronto summer student sent over to experience the new (and much larger) London office of Fasken Martineau Stringer Saul (FMSS).
The work I did in the London office was mostly corporate related as that is the primary focus of the London office (although the office does have small litigation, property and IP departments as well). Various transactions were happening while I was there including an LSE listing for a large Canadian mining company, an international M&A deal involving UK and US technology companies, and a reverse takeover of an AIM listed consulting company based in Switzerland. I was given the opportunity to assist on all of these deals in a variety of capacities. In addition, I was asked to prepare a variety of international business development reports for new client initiatives in the natural resources sector.
All of these experiences provided me with valuable exposure to international business transactions, the LSE/AIM markets, as well as highlighting the differences between English and Canadian law practices.
London is, without a doubt, one of the world's greatest cities. It is not only a major international financial center but it is also unrivaled in its cultural and social offerings. I did my best to take in as many sights, sounds and eats as possible. I also learned the benefits of an umbrella and a raincoat as the summer of 2007 was one of the wettest in recent history in the UK. I now have a new appreciation for our extra sunny summer's back home!
Thanks to everyone at FMSS London for their incredible hospitality and encouragement. Special thanks to my secondment mentor Mark Camilleri for showing me the ropes and giving me the opportunity to get involved from day one. Finally, a huge thank you to the entire professional development and student committee teams in Toronto & London for all their hard work in coordinating this secondment.
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Hadiya Roderique – SONY BMG MUSIC (CANADA) INC.
As a part of the firm's secondment program, I was given the fantastic opportunity to work in the Legal and Business Affairs Department of SONY BMG, under the direction of Judy Naiberg, a former Bay Street litigator who made the transition to in-house practice in the entertainment industry. This was a great way to finish the summer, and a great tie-in to my love of and passion for music.
SONY BMG is a very different working environment from a Bay Street Firm. The legal department here consists of two lawyers, quite a change from the hundreds at Faskens. The small department allowed me to get my hands on great work right from the start, as in my first week I drafted several contracts. At SONY BMG, the legal and business department handles all of the contracts, from licensing an album from an independent label, to standard agreement deals, to merchandising deals.
I drafted and revised contracts and agreements and learned a great deal about the art of negotiation. Besides contract work, I got to write research memos on policy and court decisions and their impact on the operations of a record company in a rapidly changing and shifting industry. My two supervisors were extremely patient and helpful mentors and teachers. I was always treated like an equal, and my input was valued, welcomed and respected. I learned that the life of an entertainment lawyer requires a lot of tact, creativity, practicality and resourcefulness, especially when dealing with the sometimes difficult and fragile egos of artists!
Thank you to Judy Naiberg and Thiago Kurtz for a great experience, and to the Student Committee for finding this great secondment. It couldn't have been any more suited for me, and was a wonderful finale to a wonderful summer.
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Michael Shour - EdgeStone Capital Partners
When I was informed that I would be seconded to EdgeStone, one of Canada's leading private equity firms, I was equally excited and grateful. During the months leading up to my secondment, I read up on the industry with great anticipation. Reading about private equity for my personal edification, however, does not compare to observing one of the top firms operate on a day-to-day basis first hand.
Shortly after my arrival, I attended my first meeting and I was immediately impressed by the EdgeStone professionals' wide range of knowledge and the fast pace of the business. I learned about EdgeStone's investments in promising mid-market companies, comprising the Later Stage Equity funds, and its investments in early-stage growth companies, comprising the Venture Capital funds.
Over the course of my stay, I attended valuation meetings and listened in on conference calls with the General Counsel. This way, I learned about the issues confronting the General Counsel on a day-to-day basis and what a client like EdgeStone requires from its outside legal counsel. I also had the privilege of reviewing numerous legal documents relating to EdgeStone's investments. Understanding these documents has allowed me to gain a valuable understanding of the various terms and sticking points involved in negotiating a private equity deal. On a lighter note, I also attended EdgeStone's summer company party and I had a great time chatting with everyone outside of the office.
I am grateful to both Faskens and EdgeStone for providing me with this excellent opportunity to gain insight into an increasingly important area of business. Specifically, I would like to express my appreciation to Alfred Apps and to the Faskens Professional Development team for making all the necessary arrangements with EdgeStone. On the EdgeStone side, I would like to thank Sandra Cowan and Olga McRae for ensuring that I had a fruitful learning experience. I would like to thank everyone at EdgeStone for allowing me to participate over the course of my stay - it was great learning from and working with all of you!
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Mark Watton - Montreal Office
Montreal. Four weeks in the summer in la Belle Province. Where else would you want to spend four weeks of the summer? Fasken Martineau has a well-established presence in Quebec, having just celebrated 100 years, so where better to spend a month getting to know little more about the firm?
The secondment was a very smooth transition from Toronto, with a similarly diverse exposure to litigation and corporate work. In my short stay I had the opportunity to work with several different lawyers in practice areas ranging from environmental law to intellectual property law, dealing with a variety of issues such as regulatory research and motions of civil procedure. All the while trying to keep up in French…
After spending my early days struggling through new research tools and a brief introduction to Quebec's Civil Code, Montreal's vibrant nightlife was a welcome retreat. A self-proclaimed "city of festivals" there's always something happening in the streets. Music, comedy, arts… it never ends! And of course, it's one of the world's great cities for dining out.
One of the best aspects of the secondment was the camaraderie among the summer students in the office, all of whom were very welcoming.
I highly recommend the experience of working in the Montreal office, or another of Fasken Martineau's offices across the country, to get a feel for the truly national character of the firm. It's not only an opportunity to live and work in a great Canadian city, but also an opportunity to meet colleagues who work in practice areas of similar interest and build collaborative relationships.
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