4 THE LAWYERS WEEKLY October 10, 2003 Tiny law …

1 By Gary OakesVictoriaThe law firm of Pape &Salterprovides prooffor the proposition thatyou don t have to be big to besuccessful. We try to keep the firm smallso we can spend as much time aspossible lawyering instead ofadministering, founding part-ner Arthur PapetoldTheLawyers Weeklyafter theSupreme Court handed down itslandmark judgment in R. , [ 2003 ] No. and colleague JeanTeillet, the great-grandniece ofhanged M tis leader Louis Riel,represented a father and soncharged with offences underOntario hunting legislation overshooting a moose. The Powleysare members of a M tis commu-nity near Sault Ste. Marie andthe trial judge found that unders. 35(1) of theConstitution Act,1982,they have an aboriginalright to hunt for food that isinfringed without justificationby the Ontario province s Superior Courtand Court of Appeal upheld theacquittals and the SCC dis-missed the Crown s sees it as a decision ofnational importance.

2 I thinkPowleyis the beginning of a newera. I think it stands for recogni-tion of the M tis people. It was just the sort of outcomePape might have hoped for 20years ago, when he and fellowUniversity of British Columbialaw grad Rick Salterestab-lished the firm. There was a great deal ofinjustice in the country thatneeded to be corrected, Papesaid. There still is and the firmplans to remain front and centrein helping resolve problems ofCanada s aboriginal joined them 11 yearsago and Randall Kahgeeandarticling student BerthaRabesca-Zoecurrently roundout the legal staff; all workingout of offices in Toronto andVancouver as well as putting inconsiderable time in the believes one strength ofis its involvement in land claimsand self-government negotia-tions as well as litigation. In fact, under Rick Salter sleadership, it was counsel on theground-breaking Tlicho landclaims agreement, the firstNorthern agreement that pro-vides land and resources andself-government powers for aFirst Nation.

3 It was signed lastsummer by all parties, includingPrime Minister Jean Chr said that in many bigcases we ve worked on legalteams with members of otherfirms. Pape & Salter also prac-tises environmental and for Powley, Pape expressedhope the case will make it pos-sible to resolve these issues andwork out new arrangements toproperly accommodate M tispeople in Canada. In 2002, Teillet became thefirst recipient of the Law Societyof Upper Canada s LincolnAlexander Award for her work as a mentor, a teacher, and hercommitment to advancing Abo-riginal issues. Teillet is a member of the barsof Ontario, British Columbiaand the Northwest is a founding member ofthe M tis Nation of Ontario, andhelped create the M tis NationLawyers Association and theNational Aboriginal Moot, anannual program where Aborig-inal law students from partici-pating universities hold a MootCourt to discuss and addressissues relevant to Aboriginalpeople.

4 She is also a former trea-surer and vice-president of theIndigenous Bar LAWYERS WEEKLY October 10, 2003 BARRIE, Ont. Lori L. Aylwinhas joined with Brian W. Bond as anassociate practising family and crim-inal George A. Wowk, for-merly of Bennett Jones LLP, hasjoined Parlee McLawsas an asso-ciate. He is a member of the Tech-Counsel team where he practises pri-marily intellectual property andtechnology law. HALIFAX Joel E. Fichaudhasbeen appointed a judge of the NovaScotia Court of Appeal. He replaces thelate Justice Edward J. Flinn. At thetime of his appointment, JusticeFichaud was partner with the firm Pat-terson Palmerin Halifax and was alitigator in the areas of constitutionaland administrative AL Allan R. Hiltonhasbeen appointed a judge of the Court ofAppeal of Qu bec. He replaces JusticeMorris J.

5 Fishwho was appointed tothe Supreme Court of Canada. JusticeHilton was appointed a judge of theSuperior Court of Qu bec in to becoming a judge, he was apartner with the firm McCarthyT trault LLPwhere he practised inthe areas of constitutional law, com-mercial law and civil , Ont. Guy P. DiT-omasohas been appointed a judge ofthe Superior Court of Justice, and willbe assigned to Newmarket. He replacesJustice Gloria R. Klowak who wastransferred in replacement of JusticeWilliam P. Somerswho elected tobecome a supernumerary judge. Priorto his appointment, Justice DiTomasowas a partner with the firm Heacock& DiTomasoin Midland, Ont. Hepractised primarily in civil litigation,with related work in municipal Aaron Dantowitzhas joined Stockwoods LLP. Dan-towitz was called to the bar in 2002 andwas then a judicial law clerk with theCourt of Appeal for M.

6 Stewarthas beenappointed a judge of the Superior Courtof Justice, and will be assigned toToronto. She replaces the late JusticeFrank K. Roberts. Prior to herappointment, Justice Stewart was apartner with McCarthy T traultLLPsince 1984, practising primarily incivil litigation and administrative P. Hermanhas beenappointed a judge of the Superior Courtof Justice, and will be assigned toToronto. She replaces Justice LucienA. Beaulieuwho elected to become asupernumerary judge. Since 1999, Jus-tice Herman was Special Advisor to theDeputy Minister and Head of Interna-tional Cooperation at the Departmentof Justice Canada. John R. Sproathas been appointeda judge of the Superior Court of Justice,and will be assigned to Brampton. Hereplaces the late Justice Moira Prior to his appointment,Justice Sproat was with the firmMiller Thomson LLP.

7 He sat as aMember of the National ExecutiveCommittee of the firm and practisedprimarily in commercial litigation withemphasis on employment H. Tullochhas beenappointed a judge of the Superior Courtof Justice, and will be assigned toBrampton. He replaces Justice RonaldG. Thomaswho elected to become asupernumerary judge. At the time ofhis appointment, Justice Tulloch wasthe senior counsel at Michael H. Tul-loch and Associates working pri-marily in criminal law. He is Presidentof the Canadian Association of Robert , formerly of Campney &Murphy, has joined Miller ThomsonLLPas associate counsel. His practiseconcentrates on corporate/commercialand taxation Gary P. RodriguesManaging EditorThomas ClaridgeAssociate EditorNorman MacInnes, EditorH. Paul Beyer, Bureau ChiefCristin SchmitzStaff WriterJohn Jaffey, AssistantCarlos BuitragoCorrespondentsHeather J.

8 Innes, , EdmontonDean Jobb, HalifaxChantelle MacDonald, , St. John sLuis Millan, Montrealdonalee Moulton, HalifaxGary Oakes, VictoriaMichael Wilhelmson, , VancouverProductionCindy Chung (Manager),Lorraine Kirby and Stan TaharaADVERTISINGD irector, Advertising & CirculationKirk Mearns (905) 415-5803 Advertising SalesJim Grice direct line (905) 415-5810 Lynda Mills direct line (905) 415-5804 Main Office75 Clegg Rd., Markham, ON L6G 1A1 Phone: (905) 479-2665 Ottawa Bureau c/o Parliamentary Press Gallery Room 350-N, Centre BlockParliament Hill, Ottawa K1A 0A6 Phone:(613) 820-2794 Fax: (613) 995-5795 , Ontario Press Council,Ste. 1706, 2 Carlton Street, Toronto ON(416) 340-1981; Fax: (416) 340-8724 CIRCULATIONC irculation ControllerScott WelshSubscription Rates1 year (48 issues): $215 + years (96 issues): $370 + subscriptions: $255/yearOverseas subscriptions: $250/yearBar Admission Course student rate:$ + student rate: $49 + copies: $9 + No.

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10 Applications forthe copyright owner s written permission toreproduce any part of this publication shouldbe addressed to the LAWYERS Weeklyis a registered trade-mark of LexisNexis Canada law firm a big winner on national stageTO CONTACT US: Phone: (905) 479-2665 Fax: (905) 479-3758 Toll-free: 1-800-668-6481 e-mail: to Names in the Newscan be e-mailed or sent by fax to is no charge for LAWYERS WEEKLY Arthur PapeRick SalterJean Teillet