With the university students beginning to return to our provincial capital and the little ones preparing for that monumental “first day of school”, I am reminded that a new year really begins in September, not January as the calendar would have you believe. A new year is beginning at CBA-NB also, as your new Executive Committee and Council begin their terms in office on September 1. I would like to take this opportunity to welcome Kevin Haché of Caraquet to the Executive Committee as your new CBA-NB Treasurer. Kevin joins an Executive Committee comprised of Denise Leblanc, Q.C. (Past-President), David O’Brien, Q.C. (Vice-President) and Lucie Richard, Q.C. (Communications Chair). I am both honoured and humbled to have the opportunity to work with such an exemplary group of individuals over the next year.
While attending the Canadian Legal Conference (CLC) in Halifax last month, I had an opportunity to hear exceptional speakers such as Arianna Huffington and Simon Sinek discuss leadership – both what it is and what good, and bad, leadership looks like. I have been fortunate to witness and learn from excellent leaders while serving on the CBA-NB Executive Committee. I want to thank Léonard Larocque for his excellent work over the last four years. As the first CBA-NB President from the Acadian Peninsula, Léonard logged many miles travelling throughout the Province on your behalf, brought the Annual Midwinter Meeting to Caraquet for the first time and promoted participation in CBA-NB by our members’ who practice and reside outside New Brunswick’s three urban centers. I also wish to thank Denise Leblanc, Q.C., for the many, MANY hours she has dedicated to the CBA, both provincially and nationally, and for the leadership she has provided to our Executive Committee and to our profession as a whole. She has left big shoes for me to fill. With her assistance and counsel over the coming year, and the lessons I have learned as her “second-in-command”, I will endeavour to fill these shoes as I continue Denise’s efforts to encourage more of you to actively participate in the CBA.
The CBA is known throughout the profession, the judiciary and the federal, provincial and territorial governments as the voice of the legal profession. Through its countless, dedicated volunteers across Canada, the CBA shows true leadership by advocating for lawyers’ professional interests, the independence of the judiciary, access to justice, the rule of law and many others. In the 2010-2011 parliamentary session alone, the CBA made over 80 submissions to the federal government on a range of legislative proposals. Although the CBA’s position may not always be that which prevails, its submissions and representations are respected and appreciated by the committees before which they are brought. Most recently, your National CBA Council brought its voice and leadership to the debate on the federal government’s “tough on crime” agenda. At Council’s meeting at the CLC, a number of headline-making resolutions were adopted urging the federal government to make changes to its legislative agenda on crime. I urge you to go to the following website to find out more about the leadership role being taken by the CBA in advocacy: http://www.cba.org/CBA/Advocacy/main/ .
Like CBA National, CBA-NB also plays an important leadership role in our profession. Since the introduction of mandatory continuing professional development (CPD) by the Law Society of New Brunswick, CBA-NB’s CPD Committee, chaired by Deloras O’Neil, and the CPD Coordinator, Ginette Arseneault, have striven to make CBA-NB the leading provider of CPD to our members throughout the Province. CBA-NB is utilizing new technologies such as video conferencing and webinars to ensure that all our members have access to affordable CPD in both official languages. However, to ensure we achieve our goals in this area, we need you to be leaders as well! Our CPD programming relies on volunteers for its success. If you have a session you wish to present or even an idea for a session or a speaker, I strongly encourage you to take the lead and contact Ginette or any member of the CPD or Executive Committee.
CBA-NB also needs you to become a leader through participation in our provincial and national sections. CBA-NB has done exceptional advocacy work on your behalf with respect to such matters as auto insurance, limitations legislation, access to justice and the independence of the judiciary. However, with greater participation and input from our members, we could do so much more! Much of the advocacy work that is done originates from within the sections. With vibrant, active sections, CBA-NB can become the leader in advocacy that I know it can and should be!
In order to strengthen CBA-NB’s leadership role, I will be leading some changes in the coming year. The only thing one needs to be a leader is followers. In order for our “followers” to know why and where they are following us, improvements in communications will be one of my priorities. The transition to an electronic newsletter is just the first step. The form and effectiveness of CBA-NB’s communications to its members, the public and government must be improved. I intend for you to see exciting, new developments in this area during the coming year.
To ensure that CBA-NB is providing effective leadership, I will also be leading a review of our governance structure. This will be a comprehensive review to ensure that we are utilizing our most important asset – our hard-working volunteers – as effectively and efficiently as possible. The knowledge and efforts of our volunteers – and this means YOU – are at the heart of this organization!
Finally, I wish to thank the hard working staff of CBA-NB. Enough cannot be said about how tirelessly this small staff of three works on our behalf. The commitment of our Executive Director, Denise Cameron Scott, and her staff, Ginette Arseneault and Natalie Landry, is the key to the success of our association. I would also like to take this opportunity to wish Natalie Landry all the best in the future. Natalie left us on September 9 to pursue other opportunities. All my best wishes for a happy and healthy future Natalie! Your dedication and bright smile will be missed.
In closing, I encourage you to mark the Midwinter Meeting dates in your calendar. The meeting will take place in Saint John from February 2-4, 2012. The organizing committee, chaired by David O’Brien, Q.C., is already planning another unforgettable event. I look forward to seeing all of you in Saint John. In the meantime, I encourage all members to contact me with suggestions on how CBA-NB can serve you better.
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President's Message Denise LeBlanc Q.C. August 2010
Dear Member,
As incoming president of CBA-NB, one of the first things one is asked to do is communicate to the membership one’s vision of what you plan to accomplish during your term, formulated in a fresh and original manner.I will confess from the outset that this will not be a fresh, or an original, message because I’m just not that talented....I’ve accepted this as fact for some time now.
Like a lot of you, I’ve been practicing law in excess of 20 years.I’ve read the magazine and newspaper articles telling me that as a lawyer I am stressed out, cynical, jaded, tired, don’t have a work-life balance and that I’m just generally miserable.....might I add that as a female lawyer, the literature requires me to be 10 times more miserable than my male counterparts.
When we get together with colleagues and the conversation inevitably turns to the demands of private practice, the business of practicing law, and the forever-increasing demands by clients, I am acutely aware that reality is a source of great stress...at least for those of us who are in touch with it.
At the risk of being ostracized or admonished, I will say it, to older and younger members alike: I’m proud to be a lawyer; I’m proud to be counted as a member of the CBA family.We are 37,000-strong across Canada, 1700 in New Brunswick alone.
Two of the underlying values of the CBA are: to build public understanding and respect for the legal profession of the law; and to make the practice of law better for each and every one of us.We sometimes lose sight of the fact (especially during discussions referenced in my third paragraph), that we, collectively, are responsible for the achievement of this outcome.In order for the “voice” of the profession to be heard, we need to lend each of our individual voices to the collective voice of the profession.
Throughout the year, you will hear my “voice”.You will hear my “voice” encouraging you to become more involved in NB Branch activities, to become more active at the CBA NB council level (if you are a member of the CBA NB council), to actively engage your CBA NB council members (if you do not sit on council), and to become participating members on Branch and CBA national committees.
The days leading up to the upcoming provincial election are great opportunities for each of us to have our voice heard.Each and every one of us should grab this opportunity to engage in a dialogue with all of the candidates in the upcoming election.Whether it be about the Small Claims Court reform, increased funding for legal aid, the progress implementing the Family Law Task Force recommendations or the cap on damages for minor personal injury, we all have a responsibility to engage in the dialogue, and the period leading up to September 27 is a golden opportunity for us to do so!
I am fortunate to have a highly motivated executive with whom to work.You will have to agree that one could not ask for a better choir of voices than that of Kim Poffenroth, David O’Brien and Lucie Richard, QC!It is my hope that during the coming year, the level of CBA “noise” in New Brunswick will at least be raised, if not be deafening, and I hope that we can add your voice to the collective noise.
Denise LeBlanc, Q.C.
President-elect, CBA New Brunswick
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Léonard Larocque July 2010
This is already my last message. Time has passed quickly. I greatly enjoyed my year as President of your Association. I will never forget the professionals whom I met during my term and thank all those with whom I worked closely, at the National Board and the branch Council. I believe every lawyer should have the opportunity to enjoy such an enriching and interesting experience.
Since my last message, we have had our annual section chairs meeting with the Minister of Justice for New Brunswick. This meeting was very interesting and covered topics such as the family law pilot project, small claims courts and automobile insurance regulations. I wish to thank Minister Lamrock, Q.C. for his attention and comprehension to the subjects.
Continuing legal education is still very important and we have made effort to provide courses in the two official languages and the regions. Our main challenge is to find interesting subjects and speakers to allow us to break-even financially for each session. It is important to understand that the CBA-NB offers CLE on the basis of breaking even, i.e. the registrations must enable us to pay the costs related to the program. The CBA-NB team understands the needs of lawyers who practise in the regions, and we try to meet the requirements through our program. I can say that our Executive Director, Lia Daborn and CLE Coordinator, Ginette Arseneault, do all they can to be able to meet the objectives of our organization in the area of continuing education. I also invite you to visit the website of CBA at www.cba.org/pd where you can see the programs available.
Over the past few months, I have, among other things, attended the CBA annual Banquet with the Supreme Court of Canada, and the Bar Admissions ceremonies where some 39 new lawyers were admitted to the New Brunswick Bar.
I also wish to advise you of the upcoming visit of Kevin Carroll, Q.C., L.S.M., CBA National President, and John Hoyles, CEO of the Canadian Bar Association, who will be attending our council meeting in July in St. Andrews. During that weekend we will have the opportunity to hear past CBA President Simon Potter, accompanied by Kristian Brabander, who will present a bilingual CLE on class actions, entitled: "One Small Step for a Plaintiff…A Giant Leap for the Defence Understanding the Class Action Phenomenon".
Finally, I wish to thank all of those who have been involved in the CBA over the past year. I will be passing along the position to Denise LeBlanc, Q.C. on September 1st. She will, I am sure, represent you in a very professional and devoted way.
Thank you and enjoy your summer !
Your President,
Léonard Larocque
February 2010
CBA-NB is on fire! Thanks to Denise LeBlanc Q.C. and her committee, we have just had the best Midwinter meeting in our history. More than 300 lawyers came to Moncton for this important event. The following week, René Basque received the prestigious Douglas Miller award at the National Midwinter meeting of the CBA. As President, I have had the honour of attending both of these events in the last month. I extend sincere congratulations to Denise and her team, as well as René: your hard work have brought provincial and national recognition to our branch.
I wish also to congratulate David O’Brien, who received the CBA NB Distinguished Service Award.This well-deserved prize was awarded to him at the President’s Dinner at the CBA-NB Midwinter meeting in Moncton.
Our determination to help our members access education programs in their region and their language of choice is always present, and the work of our co-ordinator Ginette Arseneault must be highlighted. More than 23 sessions are planned during the ten next months. Congratulations Ginette! On this subject, the national CBA has also developed a very important on-line tool for members: one place for professional development which enables you to identify relevant professional development events, according to your search criteria. I invite you to visit www.cba.org/pd for more information.
At our last board meeting, we held a roundtable strategic planning session for the branch and formed an implementation committee. I wish to extend thanks and say good luck at this new formed committee which includes Deirdre Wade Q.C., Blair Fraser, Kevin Haché, Kim Poffenroth and Deloras O’Neill.
The roundtables were determined by region and also by size of firm. I believe that this will make it possible for our organization to meet the need for the lawyers in all regions and all types of practice.
In terms of active issues, the subject of the auto insurance remains a major file and legal aid continues to be an important file. We must also address the concerns with the Small Claims Courts. Defending Access to Justice is a key role of our organization and we must continue our work in order to make sure that the basic principle of our Association is respected.
Our sections continue to remain busy and work hard for the advancement of the law, the recognition of our profession and the education of our members.I invite you to participate in these section activities.
At the national level, there are vacancies to fill on different national committees.I invite you to submit your name for these committees.For more information please consult the www.cba.org website.The deadline to submit your name is April 15 2010.
Enjoy the Winter Season.
Your President,
Léonard Larocque
December 2009
VISION 2020: ON THE RELATIONSHIP OF COURTS AND LAWYERS
The September issue of the Canadian Bar Association’s « National » magazine focused on the law firm of the future, with articles previewing the practice of law in 2020.
It is noted that there are significant changes predicted in our practice and our way of functioning. I would like to present a vision 2020 to you that considers the relation between the courts and lawyers.
The future of this relationship is very important for the profession, the government and for the public. This will be a question of access to Justice, of effectiveness and cost reduction. For example, if we consider the services offered by Service New Brunswick for real estate transactions and ask the following questions:
a)In 2020, will it be necessary for clients to be accompanied by lawyers at the Provincial Court in order to obtain an adjournment or to plead not guilty and to obtain a trial date.
The Judges of the Provincial Court should be present at the time of contentious procedures such sentences, lawsuits, investigation and others requiring a decision on behalf of the latter. All the other appearances, requests for adjournment and other non-contentious procedures should be able to be done by way of the Internet. The dates for the trials, sentences, investigations and other interventions would be done electronically.An alternative method should be planned for the parties who do not have access to these methods.
b)In 2020 will it be necessary to file documents directly with the Court of Appeal or the Court of Queen’s Bench?
Pleadings, statements, motions and requests including all relevant affidavits should be filed and signed electronically; they may be printed if needed by the deposing or signing parties. It would be more efficient to allow the electronic deposition and signing of documents in the same way as we record documents through Service New Brunswick. An alternative method of deposition should be planned for the parties which do not have access to the recommended method. The current method could remain for self-represented litigants.
The best way of predicting the future is to invent it and I think that we have an excellent opportunity to improve the services offered to the public by the Courts and the legal profession.
I consider the use of new technologies must play a part in the reform of the legal system which will benefit lawyers, the general public and government.
I hope that communications in the future will be different from those parodied by Dave Barry who said:
“Desktop computers present interesting possibilities for professional communication.You can stick "Post-it”’s around the edge of the screen! ”
But all of this will have to be done while considering the privacy of the involved parties. The means of communication have evolved as Dennis Miller said:
“Human beings are human. They can say this they want, right? Before, they said it to their neighbors while hanging the laundry. Now, they say it on the Internet. ”
An individual in 2020 will perhaps say:
“Lawyers are Lawyers. They practice law, right? Before they used cars to go to Court to deposit documents or enter a plea. Now they do it via the Internet. ”
This is a very limited personal reflection on the subject and I would appreciate your comments and/or suggestions on the subject.Email me with your thoughts.
Happy Holidays
Léonard Larocque
President
September 2009
Every September 1st, our Association has a new team of Directors. I am taking the opportunity to welcome Kim Poffenroth, the new Treasurer for 2009-2010, Lucie Richard, incoming Chair of the Communications Committee, and to thank Ed Keyes, out-going President, for his exceptional involvement on behalf of the New Brunswick branch of the Canadian Bar Association over the past number of years. With the assistance of Denise Leblanc, Q.C., Vice-President, the members of your new Executive are ready to meet the challenges and represent you during the coming year.
I would also like to thank Jade Spalding for his excellent work over the past years on the Executive Committee. Your participation was exceptional. Thank you, Jade.
The Canadian Bar Association New Brunswick branch (CBA NB) has been and will be proactive on a number of important fronts this year. Whether it is the Family Law Section members participating in the Working Group on Family Justice, monitoring the closure of Small Claims Courts, the Civil Litigation section recommending amendments to laws such as the Limitation of Actions Act, the exceptional job of the Working Group on Automobile Insurance chaired by Stéphane Viola, and many more, the CBA NB is here to represent your interests on many issues of importance to lawyers in New Brunswick.
This past August, the Civil Litigation section, under the direction of David O’Brien, sent a submission to government recommending modifications to the Coroners’ Act. A copy of this submission is available on our website (www.cba.org/nb). I encourage you to review the document and we invite you to add your support to this initiative and communicate with government the necessity of reform in this area.
The professional development requirements that will be implemented by the Law Society of New Brunswick in January 2010 are a high priority for us. CBA NB has provided high quality CLEs for many years and the challenge for the coming years will be to offer sessions in both official languages throughout the province. We are convinced that we have the resources to be able to do this for you. I invite you to help us meet this goal for the benefit of our members. Our primary objective is to help you in this area by ensuring that you have access to educational programs at a reasonable cost and in both official languages in every region.
I would like to thank Kathy Stratton for her participation as Chair of the Communications Committee. Kathy, your input was always relevant and important. Thank you, Kathy.
I would like to thank our Executive Director, Lia Daborn, and her team for their commitment and work at our offices in Fredericton. This support is important for the advancement of the priorities of our association.
This year for the first time, our branch held a Past Presidents’ Dinner to recognize their involvement in our association. It was an exceptional evening. A webpage will be dedicated on the CBA branch website in their honor.
I cannot ignore the important work done by the committee for the 2009 Midwinter meeting in Caraquet. Thanks to all who participated and helped make this meeting a success.
In closing, I encourage you to mark the Midwinter meeting dates in your calendar. The meeting will take place in Moncton from February 4-6 2010. The local committee is in the process of planning another unforgettable event. Committee Chair, Denise LeBlanc Q.C. has assured us of an interesting and entertaining meeting. We hope that many members will be able to attend and support the activities of the CBA New Brunswick. I look forward to seeing you in Moncton.
It is with humility that I have accepted to act as your President for the coming year, and I will make sure to represent you with integrity and professionalism during my term. If you have comments or questions please do not hesitate to communicate with me.
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