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Judges’ Day Conference

Here are some events of special interest for judges at the 2008 Canadian Legal Conference & Expo in Quebec City, Quebec, from August 17 to 19, 2008.

1. Judges’ Forum reception
Sunday, Aug. 17, 4:30 p.m.–6:00 p.m.
Room 202, Quebec Convention Centre
Special guest: L’Hon. François Rolland

2. Canadian Superior Court Judges Association council meeting
Sunday, Aug.17, 9:00 a.m.–2:00 p.m.
Fairmont Hotel, Quebec City

3. CBA CLE: Media in the Courtroom: Access to the Court File
Monday, Aug. 18, 9:00 a.m.–10:30 a.m.
Room 205ABC, Quebec Convention Centre

The Judges’ Forum CLE Program for the Quebec City CLC will continue its tradition of being one of the main events at the CBA Annual Conference. The 2008 program, as in past years, is a joint program with the International Commission of Jurists.

Over the past few years, judges have observed an increasing number of requests made by media outlets for copies of exhibits that have been tendered in a proceeding. For example, judges have had requests for copies of an accused’s written or videotaped statement to police, copies of a “Mr. Big” video, copies of crime scene photos, and copies of a psychological report. We are all aware of affidavits in high-profile family law cases being released to the media and portions being published or broadcast.

Each of these requests affects a participant in the justice system and could affect fair trial rights. For example, a family of a deceased person may not wish the crime scene photos of their family member made available; the RCMP may ask that a “Mr. Big” video not be released because one of the undercover officers in the video is still undercover; an accused may object to the publication of his or her inadmissible inculpatory statement to police while the jury is deliberating.

Our speakers, Hon. Elizabeth Hughes (Moderator), Marie-Philippe Bouchard, Arlène Gaudreault, and Mark J. Sandler will discuss various requests, who they might affect, and what is the state of the law.

4. Judges’ Forum Annual Business Meeting
Monday, Aug. 18, 12:00 p.m.–14:00 p.m.
CC, 2105

5. Judges’ Day
Tuesday, Aug. 19, 8:45 a.m.–12:00 p.m.
Fairmont Hotel, Quebec City

The Canadian Superior Court Judges Association and the CBA Judges’ Forum present: “Judges in Contemporary Society: New Challenges, New Solutions.”

Speakers will include:

• Hon. Marie Deschamps, Supreme Court of Canada
• Hon. Guy Gagnon, Chief Justice of Quebec
• Me  Julius Grey, lawyer, Grey-Casgrain
• M. André Pratte, Editor in Chief, La Presse

The program will be followed by a reception and lunch from 12:00 p.m.–2:00 p.m., featuring guest speaker Yves Fortier. The Annual CSCJA meeting then follows from 2:00 p.m.–5:00 p.m.

Please note: A separate registration fee for Judges' Day of $150 applies.

We look forward to seeing you in August!

Continuing Legal Education

The Canadian Judges' Forum organizes programs to educate judges and lawyers on issues of relevance to the judicial system.

In conjunction with the Canadian Association of Superior Court Judges (formerly the Canadian Judges Conference) and the Canadian Association of Provincial Court Judges, the Canadian Judges' Forum first organized a seminar on judicial independence at the CBA's Annual Conference in Edmonton in August 1999. The program included a presentation by Hon. Gerry Seniuk from Saskatoon, a panel discussion with Peter Kent of Global Television, Catherine Ford of the Calgary Herald and Prof. Peter McCormick of the University of Lethbridge and a debate moderated by Hon. M.T. Moreau between then-CBA president Barry Gorlick, Q.C. and Link Byfield, editor of the Alberta Report. Federal Minister of Justice Anne McLellan, P.C., M.P. gave the luncheon speech.

At the CBA's Annual Conference in Halifax in August 2000, the Canadian Judges' Forum presented a Continuing Legal Education Program on attacks on justice. This program, entitled Death by a Thousand Cuts: Are Attacks on Judges and Lawyers Affecting Our Legal System?, was presented in partnership with the International Commission of Jurists. It featured Supreme Court of Canada justices Hon. Ian Binnie and Hon. Claire L'Heureux-Dube, former CBA President Thomas Heintzman, Q.C. and former Pakistan Supreme Court Justice Nasir Zahid, who was dismissed from his office by the Pakistani government.

At the CBA's 2001 Annual Conference, the session entitled Pleading in the Court of Public Opinion was moderated by Judge Nancy Orr, and began with a keynote speech by Chief Justice Beverly McLachlin. Panelists Barry McLoughlin, Chief Justice of Québec Pierre Michaud, and former Chief Justice of Zimbabwe, Anthony Gubbay, discussed aspects of the issue. Journalist Rex Murphy then led a question and answer period, involving the audience in the discussion. Once again, the session was extremely well attended and received.

The 2002 program, called "The Role of the Judiciary in Times of Crisis", followed upon the theme of the Opening Plenary for the CBA Annual Conference, called "How much are we prepared to give up in times of Crisis?" Speakers included Associate Chief Justice of the United States Supreme Court, Sandra Day O'Connor, Justice Bruguière from the Paris Bar, Federal Court Chief Justice John Richard, and Lord Williams of Mostyn.

Last year's program was called "The Complacent Silence of the World of Justice: A Duty to Speak out for Judges and Lawyers. Vocal majority vs. Voiceless minority. What is our role?". It included the following speakers: The Honourable Michel Robert, The Honourable Michel Bastrarache, Thomas Berger, Q.C., and Sophie Bourque, Lawyer. The programgenerated a lively response from the audience.

The program for 2004 was on the topic of "The Borders of Disability". It included the following panelists: Catherine Frazee, Yvonne J. Peters, Barrister & Solicitor (Winnipeg) and The Hon. W. Ian C. Binnie, Supreme Court of Canada (Ottawa). This dynamic and thought-provoking panel challenged atendees to alter their thinking regarding presons with disabilities. With a review of the fundamental principles of law, attendees were encouraged to enter the headwinds that prevent persons with disabilities from participating fully and equally in our society.

The 2005 program called "Judges mingling with Lawyers: Damned if you do, damned if you don't" debated the following: Should Judges mingle with Lawyers? What do Ethical Principles for Judges and the Code of Ethics for Lawyers provide?  The program featured JJ Camp, Q.C., Camp Fiorante Matthews, as moderator, as well as the Honourable Claire L’Heureux-Dubé and the Honourable Neil C. Whittmann as speakers.

The program for 2006 was entitled Strengthening the International Legal Community: "What Do Canadian Judges and Lawyers Offer?".  Since, CBA judges and lawyers are active in international development, a panel moderated by Justice Michelle Fuerst discussed issues surrounding their work including: when involvement is appropriate, the challenges of working in communities less established and secure, and the Canadian justice system as a model for nations who are developing or in transition. The two panel speakers were Justice Michelle Fuerst  and Judge Radmila Dicic.