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Women Lawyers Forum Education Day – “Defining Moments – Leadership & Ethics”

By Nicole Garton-Jones

Date: Friday, May 14, 2010
Time: 8:30 am to 1:30 pm

I am excited to be able to participate in this year’s CBA BC Branch Women Lawyers Forum Education Day event. Along with Elizabeth Watson and Stacey Handley, I will participate on a leadership panel which will be led by Marion McAdam of Fourth Wall Project Management & Consulting. Marion has worked extensively with women who are leaders already or who are aspiring to become one within their own context. In conjunction with this, she has also done a considerable amount of research on emerging and changing trends in women’s leadership.

I have been tentatively asked to speak to “defining success for yourself and making it happen.” My personal conception of what success is and my level of achievement in that regard are both rather fluid concepts, so this should be an interesting exercise.

I am particularly interested in the quotes contained in the draft discussion materials prepared by Marion McAdam, some of which I include here:

“Success has been defined by men all these years as movement high up the ladder. Women have to define success differently. It isn’t necessary to be the top person to be successful…Success is having work in your field that permits you to have a life as well. … A woman’s life is a horizontal journey rather than a vertical climb.”

“Women At Law: Lesson Learned Along the Pathways to Success” Phyllis Horn Epstein

Trying to act like men in the workplace creates a kind of dissonance. We can sense when people are not acting authentically and we don’t trust them. “Women bring a unique set of behaviours to the workplace that are needed, especially in today’s climate. Our tendencies to collaborate rather than compete, listen more than talk, and use relationships rather than muscle to influence are the very same behaviours I coach men to acquire. But it’s all about balance. Just as men can overuse their stereotypical characteristics, so can women.” (p. 62 Nice Girls Don’t Get the Corner Office)

“In order to be effective leaders, women need to be comfortable practicing law as women – in their own way. Women don’t need to practice law the same way that men do in order to be successful.”

It should be an interesting discussion!

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New Judges Appointed to BC Supreme Court

By Nicole Garton-Jones

The Honourable Robert D. Punnett and the Honourable Peter M. Willcock have been appointed to the Supreme Court of British Columbia.

Mr. Justice Punnett served as a Bencher for Prince Rupert County until his appointment on June 19. He also served two terms on the Canadian Bar Association (BC Branch) Provincial Council and on the board of directors for the Trial Lawyers Association of BC. He was appointed Queen’s Counsel earlier this year. He was a partner in Punnett & Johnston of Prince Rupert until his appointment.

First elected a Bencher in 2006, Justice Punnett served on several Law Society committees and task forces during his time as a Bencher. Law Society President Gordon Turriff, QC congratulated Mr. Justice Punnett on his appointment. “This is great news for the people of BC,” said Turriff. “Mr. Justice Punnett has all the qualities communities want a judge to have — he’s thoughtful, a good listener and measured in his responses.”

Mr. Justice Punnett replaces Mr. Justice D.A. Halfyard in Prince Rupert.

Mr. Justice Willcock practised with Harper Grey LLP from 1983 until his appointment. He was a member of the insurance, health and professional regulation practice groups, having chaired the insurance group for several years. Mr. Willcock contributed to a number of professional education courses and publications. He also served on the Board of Directors for the Continuing Legal Education Society for many years.

Mr. Justice Willcock replaces Mr. Justice L. Paul Williamson in Vancouver who elected to become supernumerary judge as of January 28, 2009.

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West Coast LEAF granted leave to intervene in SWUAV v AG Canada: Access to justice to be argued in BC Supreme Court of Appeal

By Nicole

West Coast LEAF has been granted leave to intervene at the BC Court of Appeal on the issue of “public interest standing” in SWUAV v AG Canada.  This case is about women’s access to justice, and could be an important milestone for equality claimants trying to get their voices heard in BC’s Courts.

The case involves an organization of women called the Downtown Eastside Sex Workers United Against Violence (SWUAV) who are bringing a constitutional challenge to the provisions of the Criminal Code dealing with prostitution.  The case was dismissed by the BC Supreme Court in December 2008 because the Court found that this women’s organization, and an individual former sex worker, do not have “public interest standing” to challenge the constitutionality of the Criminal Code provisions.

In other words, the BC Supreme Court did not allow this organization to bring forward arguments on behalf of vulnerable and marginalized women who say that they are not able to do so themselves.

West Coast LEAF is intervening in the distinct matter of “public interest standing” being denied to these women through their representative organization – to argue that such organizations ought to be able to bring forward important constitutional cases on behalf of the many women who do not have effective access to the justice system on their own.

Kasari Govender, West Coast LEAF Legal Director and co-counsel for the intervention, says, “West Coast LEAF is worried about the current very narrow interpretation of the test for public interest standing.  This issue has huge implications for litigants in equality cases.”She adds, “West Coast LEAF’s work means sustaining and promoting equality within the framework of diminishing access to justice in BC, including the recent reductions in legal aid funding.  This case is about access to justice and it also concerns women from a community that has had no effective voice in our courts, so is a matter of profound concern for us.”

Constitutional lawyer Melina Buckley is senior counsel for the intervention.  Other interveners include the BC Civil Liberties Association and the Trial Lawyers Association of BC.

This is the first time in its history that West Coast LEAF has been granted intervener status in its own name in an important equality case.In previous cases, West Coast LEAF typically played a supporting role or co-counsel role with LEAF national.  West Coast LEAF Executive Director Alison Brewin says, “We are very excited at this new development in our history.  Thank you to the volunteers, committee members and staff who worked so hard on this.”

The case is expected to be argued in late November, 2009.

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