Branch News
The Canadian Bar Association - Nova Scotia is the voice of the legal profession in Nova Scotia, representing lawyers, judges, law teachers and law students throughout the province. The CBA plays a vital role in advancing the interests of its members by providing balanced and reasoned responses to many issues with which government and the legal profession is faced.
The goals of CBA Nova Scotia include:
- To represent and promote the interests of the legal profession in Nova Scotia on a Provincial and National level.
- To improve and promote the well-being, knowledge, skills and ethical standards of members of the legal profession.
- To provide relevant and quality services and benefits to our members.
- To advance and improve the law and administration of justice.
- To improve and promote access to justice.
NEWS:
Online CLE
IMMIGRATION LAW – IMPACT OF CRIMINAL CHARGES
Friday, April 12, 2013
The Intersection of Immigration and Criminal Law: Understanding and Overcoming Criminal Inadmissibility to Canada.
This 90-minute webinar by Andrea Baldwin, Stewart McKelvey, will review the laws and policies that make some foreign nationals (and permanent residents) inadmissible to Canada as a result of their criminality and discuss practical strategies for resolving criminal inadmissibility issues. Designed for lawyers who practice immigration or criminal law, and others with an interest in the area, this session will cover the following topics:
• The impact of basic versus serious criminality on Canadian immigration status;
• Committing an act as opposed to being convicted of an offence;
• Determining criminal equivalence between jurisdictions;
• Judicial consideration of immigration issues during sentencing;
• The effectiveness of foreign pardons;
• Establishing deemed rehabilitation and individual rehabilitation; and
• Temporary resident permits as an interim remedy.
Click here to register
- Nova Scotia Court of Appeal Introduces a Mediation Program
The Nova Scotia Court of Appeal has introduced a new program that offers parties judicial mediation in the hopes of resolving their dispute without a formal Court appeal hearing. The Court hopes this mediation program, which is modelled after appellate mediation programs in five other provinces, will assist the public in resolving their disputes in an efficient and cost effective manner.
Who can use the Court’s mediation process?
The Court believes that this mediation program would be particularly helpful in cases where the parties will have a continuing relationship even after the litigation is over, such as the family, estate or the private corporation context.
The mediation program may also be of interest where the appeal deals with a discrete issue in the litigation, for example a trial judge’s finding on liability where quantum has not yet been assessed. If that liability finding is appealed, the mediation program would allow the parties to resolve all of the issues in the litigation.
The mediation program is not available for criminal cases, cases raising constitutional issues and any case where there are allegations of domestic violence.
Details of the mediation program
The mediation program requires the consent of all parties to an appeal. Once the parties request the mediation process, any filing deadlines and other appeal requirements will be suspended.
As in the Nova Scotia Supreme Court, the program will be free, confidential and on a without prejudice basis. If the mediation process does not result in a settlement, the presiding mediation judge will not be on the panel that ultimately hears the appeal.
Role of the Canadian Bar Association
In implementing this mediation program, the Court of Appeal has teamed up with the Canadian Bar Association–Nova Scotia branch. The CBA has created a list of lawyers interested in representing self represented litigants on a pro bono basis during the mediation process. Lawyers interested in putting their name on this list are asked to contact Tina Tucker at tina.tucker@cbans.ca.
More information available
Anyone interested in reading more about the mediation program can visit the Court of Appeal website:
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Vol. 90, No. 1 (March 2012).
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2013 MID-WINTER MEETING OF COUNCIL
Tremblant, Quebec
Fairmont Tremblant
Feb, 14-17, 2012
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