CBA-FLSC Ethics Forum

Friday, March 31, 2023
OBA Conference Centre
Toronto, ON

Agenda

Subject to changes

FRIDAY, MARCH 31
TIME EVENT
8:30 am - 9:00 am

Registration & Breakfast

OBA Foyer

9:00 am - 9:05 am

Conference Co-Chairs Opening Remarks

Conference Room A & B

Amy Salyzyn, Professor, University of Ottawa, Faculty of Law (Ottawa, ON)
Carsten Jensen, Founding Partner, JSS Barristers (Calgary, AB)

9:05 am - 10:30 am

SESSION 1: Lawyering in Times of Chaos and Controversy

Conference Room A & B
Session available in both official languages

In times of chaos and controversy, what role and ethical obligations do lawyers have in relation to upholding the rule of law and the integrity of our justice system? This panel will canvass several “flashpoint” events in recent years, in both Canada and the United States, including the “Freedom Convoy” protests in Canada, and the former President Trump’s issuance of travel ban targeting Muslim-majority countries and his election fraud accusations. Panelists will examine how lawyers reacted to challenges with which they were confronted. In addition, we all face the consequences of climate change, environmental degradation and anti-science movements worldwide. Do the ethical obligations of lawyers change in the face of existential crises?

Moderator:
Malcolm Mercer, Chair, Law Society Tribunal (Toronto, ON)

Speakers:
Marcus McCann, Lawyer, Millard & Company (Toronto, ON)
Awanish Sinha, Partner, McCarthy TĂ©trault LLP (Toronto, ON)
Emilie Taman, Lawyer, Champ & Associates (Ottawa, ON)
Steven Vaughan, Professor, Faculty of Laws, University College London (London, England)

10:30 am - 10:45 am

Health Break

OBA Foyer

10:45 am - 12:15 pm

SESSION 2: Legal Ethics and Family Law: Do Unique Challenges Require New Approaches?

Conference Room A & B
Session available in both official languages

Family law practice can give rise to unique legal ethics questions. This panel will review the professional obligations for lawyers in this context, including those in relation to non-adversarial dispute resolution, screening for family violence and Indigenous cultural competency. It will also review potential mechanisms for ensuring optimal ethical practices in the family law context. Do we need new, family law specific rules of professional conduct, and where should such rules reside? Are current continuing educational opportunities sufficient? Do law societies need to be taking more active regulatory stances?

Moderator:
Amy Salyzyn, Professor, University of Ottawa, Faculty of Law (Ottawa, ON)

Speakers:
Deanne Sowter, PhD Candidate & Vanier Scholar, Osgoode Hall Law School (Toronto, ON)
Annie Noa Kenet, Chair, CBA Family Law Section (Toronto,ON)
Halie Kwanxwa'logwa Bruce, Lawyer, Cedar & Sage Law (Chilliwack, BC)

12:15 pm - 1:15 pm

Lunch with Keynote Speaker

Conference Room A & B
Session available in both official languages

Artificial Intelligence and the Practice of Law
Through the lens of a technology ethics specialist, explore the essentials of AI ethics and some of the proposed regulatory solutions, and examine what to consider when implementing AI into your law practice.

Keynote Speaker:
Katrina Ingram
, Founder, Ethically Aligned AI (Edmonton, AB)

1:15 pm - 1:45 pm

New CBA Toolkit - Legal Ethics and Marketing

Conference Room A & B
Session available in both official languages

The CBA Ethics and Professional Responsibility Subcommittee is pleased to present part 2 of its Business of Law toolkit. While Part 1 focused on fees and retainers, Part 2 will concentrate on the lawyer’s public persona in a modern age. This new resource will offer tips and strategies for marketing including advertising and cover issues arising from the use of special designations and social media.

Speaker:
Sydney Young
, Lawyer, McKercher LLP (Saskatoon, SK)

1:45 pm - 2:00 pm

Health Break

OBA Foyer

2:00 pm - 3:30 pm

SESSION 3: “A Wake Up Call”: What is the path forward for improving lawyer wellness?

Conference Room A & B
Session available in both official languages

In October 2022, the first comprehensive national study on wellness in the Canadian legal profession was published. More than 7,300 legal professionals participated in this study, with results that have been characterized as “a wake-up call”. Significantly high levels of psychological distress, depression, anxiety, burnout and suicidal ideation were reported across all areas of practice. This panel will review the study’s results and recommendations with a view to considering the path forward. What are the implications of the findings for questions of legal ethics, and what role can and should legal workplaces, law societies and legal educators play in improving lawyer mental health?

Moderator: 
Erin Kleisinger, K.C., Partner, McDougall Gauley LLP (Regina, SK)

Speakers:
Lynda Collins
, Professor, University of Ottawa, Faculty of Law (Ottawa, ON)
Steeves Bujold, President, Canada Bar Association (MontrĂ©al, QC)
Loraine Champion, Executive Director, Alberta Lawyers' Assistance Society (Calgary, AB)

3:30 pm - 3:45 pm

Closing Remarks

Conference Room A & B