Nexus September 2009

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1 FACULTY OF LAW University of New Brunswick Nexus September 2009

2 As most readers are aware, the Faculty of Law is on a national search to find a new dean. I offered to serve as Interim Dean for the academic year because I felt that I could help to advance the law school, despite the brevity of the assignment. UNB Law School really does provide a supportive environment within which to learn and work, and I knew that I could count on the support of the students, the staff members and my colleagues. Knowing that John Williamson would continue as Associate Dean was also reassuring. DEAN S MESSAGE David Townsend with Maureen until Maureen s departure. The year ahead presents a number of challenges and opportunities. Obviously, recruiting for a full-term dean is our greatest challenge. A search committee has been working on this task since early spring. Two of the most significant challenges for me are occurring early in my mandate. First, in October, Maureen Dick is retiring as Assistant to the Dean after 37 years at the Law School and, despite the fact that Maureen is almost irreplaceable, a new assistant had to be found. I am very pleased to announce that Christine Landry has been hired as the dean s assistant. Christine will work Second, the Faculty must commence a round of policy and planning activities that will last throughout the academic year. In September, we must tender a Faculty Response to the Quality Assurance Review (QAR) conducted last spring by External Reviewers, Justice Michel Bastarache and Dean Beth Bilson of the University of Saskatchewan. That QAR Report offered 17 policy recommendations for the Faculty to consider. Also, the in-coming President of UNB, Eddie Campbell, has just initiated a university-wide, strategic planning exercise that will include the Law School. Even a 12 month mandate presents important opportunities for change and I have identified some priorities for myself and the faculty. These priorities relate to our faculty s on-line presence, the law student peer mentor program and some targeted fundraising activities to recognize a couple of our distinguished graduates. More will be provided about the fundraising initiatives in the near future. Recent changes in Internet-based technologies and services have now made it much easier for the Law School to develop and maintain an on-line presence that will better serve potential applicants, our current students, and our alumni. For example, our law school website is currently being recast with user-friendly software that will permit our staff members to regularly update news and images related to what is going on at the school. Hopefully, the revamped website will become everyone s prime source for our most current news. A number of improvements were made last year to our student peer mentor program. This year, I hope to implement features that will more quickly identify and support law students-at-risk. These changes will primarily support first year students, but upper year students who are experiencing academic or personal difficulties also will benefit. As I end this note, on behalf of everyone at Ludlow Hall, I would like to publicly thank Phil Bryden for his many contributions to the Law School as our dean over the past five years. We sincerely wish him the best in his new position of Dean at the University of Alberta, Faculty of Law. 2 Nexus September 2009

3 This is my last message as Dean of Law at the University of New Brunswick. As some of you may know, I have decided to accept an offer from the University of Alberta to become their Dean of Law effective July 1, This was not an easy decision. My experiences at UNB were overwhelmingly positive, but at the end of the day my family and I decided that it would be good for us to take advantage of the new opportunities and challenges presented by a move to Edmonton. I greatly appreciate the tremendous support I received from the UNB administration during my time as Dean, and from the faculty, librarians, staff, students and graduates of Canada s great small law school. I believe that we made great strides over the course of the past five years. We were able to recruit outstanding students from across Canada; we hired exceptional new faculty, librarians and staff; and with the support of our friends in the community we were able to make significant new investments in our facilities and in the financial support available to our students. Our faculty DEAN S MESSAGE Philip Bryden members maintained their commitment to providing an excellent learning experience for our students while making important contributions to the community through their research and service, and our librarians and staff continued to provide the exceptional service that has become a hallmark of UNB s law school. I would be remiss if I did not make particular mention of two individuals whose dedication, hard work and collegial spirit were essential to the Faculty s success. John Williamson ably served my predecessor, Anne La Forest, as Associate Dean and he very kindly agreed to continue in that role during my entire term as Dean. John spent countless hours addressing the problems experienced by students, staff and faculty, and making sure that our operations ran smoothly and efficiently. John has a tremendous eye for detail and a prodigious understanding of the operations of the Faculty and the University. He was endlessly patient with me in explaining how things worked at UNB and in finding ways to get things done. Maureen Dick served as my Administrative Assistant, a role she has played superbly not only for me, but for Ed Veitch, Karl Dore, Wade MacLauchlan and Anne La Forest. If I were writing a book about friendly, efficient service, Maureen s picture would be on the cover. Her memory of faculty, staff and students at UNB Law is legendary, and it is not unusual for her to remember the law school days of the parents of contemporary UNB law students. John, Maureen and I were part of an administrative team, and whatever we accomplished was the result of our combined efforts. I was particularly fortunate in the way their talents complemented my own abilities, and I will always treasure the loyalty, dedication and friendship they gave me. A search is currently underway for my successor as Dean, and I am confident that UNB will be able to attract many strong candidates for what I believe is an outstanding academic leadership opportunity. In the meantime, I am delighted that David Townsend has agreed to serve as Interim Dean. David brings experience, energy and enthusiasm to the position, and I wish him and the Faculty every success. Nexus September

4 Ivan C. Rand Memorial Lecture On Thursday, February 5, UNB Law hosted its annual Ivan C. Rand Memorial Lecture. This year s speaker was Professor Michael Lynk from the Faculty of Law, University of Western Ontario. Speaking to an audience of faculty, students and members of the local bar, he discussed Labour Law and the New Inequality. Michael Lynk is Associate Dean, Academic and Associate Professor at the Faculty of Law, University of Western Ontario. He joined the Faculty in 1999 and has taught labour, human rights, constitutional and administrative law. Professor Lynk has also taught labour law at the University of Ottawa and at Victoria University in Wellington, New Zealand. He is a graduate of Dalhousie University (LL.B.) and Queen s University (LL.M.) Prior to becoming an academic, he practiced labour law in Ottawa and Toronto for a decade. Professor Lynk is an active labour arbitrator, and is a vice-chair with the Ontario Grievance Settlement Board. He has served as a vice-chair with the Ontario Public Service Grievance Board. Professor Lynk has written widely on the issues of labour law and human rights in the unionized Canadian workplace, and is a frequent speaker at industrial relations and labour law conferences across the country. He is co-author of Trade Union Law in Canada (Canada Law Book), and the co-editor, with John Craig, of Globalization and the Future of Labour Law (Cambridge University Press, 2006). Professor Lynk is a senior co-editor of the Labour Law Casebook (7th and 8th eds.), which is the national casebook used in law schools across the country. He is also an editor of the Canadian Labour and Employment Law Journal and in recent years he has been the co-organizer of a very successful annual labour law lecture and conference series at the University of Western Ontario. In addition to his labour law activities, Professor Lynk has worked with the United Nations in the Middle East, he has published articles on the area, and he is a regular commentator in the print and broadcast media on political and legal developments in that region. R a n d p a n e l m e m b e r s, P r o f. M i c h a e l L y n k, P r o f. E l i z a b e t h B i l s o n, Q. C., Prof. John McEvoy, and Michael Sherrard On Friday, February 6, a panel discussion was held exploring the theme of Professor Lynk s lecture. Panel members were Professor Lynk, Professor Elizabeth Bilson, Q.C. (College of Law, University of Saskatchewan), Professor John McEvoy (UNB Law), and Michael Sherrard (Sherrard Kuzz LLP, Toronto). 4 Nexus September 2009

5 Ilsa Greenblatt-Shore Distinguished Graduate Award On June 4th, 2009, the UNB Faculty of Law presented Thomas E. Williams, Q.C. ( 87) with the Ilsa Greenblatt- Shore Distinguished Graduate Award at a ceremony and reception held in St. John s, Newfoundland at the provincial museum, The Rooms. Dean Philip Bryden presented Mr. Williams with the award and thanked him for his long-standing support of UNB Law and contributions to the Newfoundland and Labrador bar and the St. John s community. More than 100 friends, family and alumni attended the event honouring Mr. Williams. In attendance were UNB law students and alumni ranging from the very recently admitted to senior members of the local bench and bar. As well, Mr. Marvin Greenblatt ( 81), Ilsa Greenblatt-Shore s brother, was able to attend the ceremony and reception, coming all the way from Alberta. P i c t u r e d a b o v e i s D e a n P h i l i p B r y d e n p r e s e n t i n g t h e I l s a - G r e e n b l a t t S h o r e D i s t i n g u i s h e d G r a d u a t e A w a r d t o Thomas E. Williams, Q.C. The Ilsa Greenblatt-Shore Distinguished Graduate Award was created to recognize Law School graduates who have achieved excellence and brought honour to our Law School. The Award is given to graduates who have made significant contributions to public service, including service to the Law School, and who have achieved recognition in their chosen field. Mr. Williams has been actively involved in UNB Law recruitment and alumni activities in Newfoundland and Labrador since his time as a student. He is also involved in numerous community organizations such as the St. John s Appeal Board, the R.C. School Board, the St. John s Transportation Committee, the Board of Directors of the St. John s Health Sciences Foundation, the YWCA Investment Fund Committee and, most recently, the Stella Burry Foundation. Mr. Williams is a partner with the St. John s law firm O Dea Earle. In May, the graduating class of 2009 gave a large wooden law school crest to UNB Law to be hung in the newly renovated Mary Louise Lynch Room (Room 2) as their class gift. This is particularly fitting since Mr. Williams was one of a group of students who designed the Law School Crest and took steps to have it formally adopted by the university. UNB Law would like to thank O Dea Earle for their assistance in organizing the event as well as all of the guests who attended, particularly Mr. Greenblatt who made such a long journey to be part of the ceremony honouring not only Thomas Williams, but also his sister, Ilsa Greenblatt-Shore. In addition to Mr. Williams, the following graduates have received the Distinguished Graduate Award: 1999 Franklin O. Leger, Q.C., LL.D J. Fernand Landry, Q.C. (in memoriam) 2001 Donald M. Gillis, Q.C. Congratulations, Mr. Williams! 2004 His Hon. Judge Graydon Nicholas 2006 Frank J. McKenna, P.C., Q.C., O.N.B. Nexus September

6 Class of 2009 Congratulations and best wishes for continued success to our Class of Graduation took place on Thursday May 28 and was preceded by a tea at the Law School for graduates, their families and friends. On Thursday evening, academic awards were presented at the graduation dinner which was held at the Crowne Plaza Hotel. Lieutenant Governor's Silver Medalist Jason Harrington and Lieutenant Governor Hérméneglide Chiasson 6 Lieutenant-Governor s Silver Medal Jason Harrington Law Faculty Prize Katie Anne Ireton Carswell Prize for Highest Standing in 3 rd Year Martin Tobias Kruger Fasken Martineau DuMoulin LLP Prize in Environmental Law Martin Tobias Kruger Philip Holland Prize in Criminal Procedure Matthew Hiltz Hon. William Henry Harrison Memorial Shield & Award Matthew Simon Estabrooks Andrew Gordon Woodland Nexus September 2009 German Fong Albus Prize in Corporate Taxation Paul William Murphy C. Blake Lynch Memorial Prize Jason Harrington Maritime Law Book Prizes in Professional Conduct Matthew Simon Estabrooks Jonathan Ray Goodine Joel Vincent Payne Joel Benjamin Reed Geoff Watt McInnes Cooper Prize in Corporate Law & Taxation Paul William Murphy Barry Morrison Prize in Legal Writing Gregory Freeman Wayne Bowley Martin Tobias Kruger New Brunswick Trial Lawyers Association Prize Section 1A Anna Helen Abbott Michael Ladha Section 1B Neil J. Keating Patrick Ryan Prize in Trial Practice Section 1A Anna Helen Abbott Michael Ladha Section 1B Katherine Anne Morison Marshall Stewart McKelvey Prize in Labour & Employment. Katie Vera Roebothan John Teed Prize in Community Planning Martin Tobias Kruger

7 Grads (l. to r.) Amanda Summers, Robert Smith and Candace Salmon Philippe Theriault, Christopher Morcom, Kevin Cooper (back), Christian Hurley Degrees With Distinction Gregory Freeman Wayne Bowley Jason Harrington Katie Anne Ireton Martin Tobias Kruger Joel Vincent Payne Joel Benjamin Reed Adam and Deborah van der Linde and son Willem Ashley Parsons, Michael Ladha and Jeffery MacDonald Amanda Summers and Amy Gibson Nexus September

8 Faculty News David Bell s Slamming the Door on Brains : Two Early 20th-Century Law Schools and the Narrowing of Educational Opportunity, appears in C. Backhouse and W. Pue (eds), Promise and Perils of Law: Lawyers in Canadian History (2009), Commercial Harvesting Prosecution in Context: e Peter Paul Case, 1946 by Professor David Bell 0) appears in Volume 55 of the UNB Law Journal. ring the fall of 2006, Dean Philip Bryden continued be active in the field of judicial education. He made sentations on judicial disqualification to the Canadian ociation of Provincial Court Judges in Moncton in tember and to the Alberta Court of Queen s Bench Calgary in November. The organizer of the Moncton sion at which Dean Bryden spoke was Her Honour Judge ry Jane Richards ( 80) of the Provincial Court of New nswick. Dean Bryden also spoke at a British Columbia ntinuing Legal Education Society administrative law gram in Vancouver in November. The title of his sentation was Recent Developments in the Law of ibunal Independence: McKenzie v. British Columbia inister of Public Safety).Professor Jula Hughes presented he International Conference on Sino-Canadian Criminal eories, held in Jinan, China from November 10th to 13th, 6. The conference focused discussion on the history status quo of development of Canadian Criminal Law; parative research into China-Canada Theoretical tem of Crime; comparative research into China-Canada tems and theories of punishment; characteristics and dency of the development of Theoretical System of ime in the countries around the world; and the approach develop and improve the Theoretical System of Crime, tems and theories of punishment in the new historical ge. Professor Hughes was one of approximately 80 resentatives from mainland China, Hong Kong, Macao, iwan, Canada, Britain, Russia, Japan and Spain attending conference. Professor Hughes presented on Theory Punishment.Anne La Forest ( 84) has been named to Board of the International Law Association, Canadian nch. Founded in Brussels in 1873, the Association s ectives include the study, elucidation and advancement international law, public and private, the study of parative law, the making of proposals for the solution conflicts of law and for the unification of law, and the thering of international understanding and goodwill. e ILS has consultative status, as an international nonernmental organization, with a number of United tions specialized agencies. She has been re-appointed air of the Human Resources Committee of the New nswick Securities Commission. In late 2006, the French sion of The Globalized Rule of Law, was published under title Règle de Droit et Mondialisation: Rapports entre roit international et le droit interne. Professor La Forest s on the editorial panel authored a paper.in September fessor Carissima Mathen participated in a National icial Institute Seminar for the Appellate Judges of New nswick and Prince Edward Island. Entitled Ancillary ders Under the Ciminal Code, the one-day programme St. Andrews, New Brunswick addressed such issues as feiture of offence-related property and appointment counsel for indigent accused. Professor Mathen coght the seminar with Professor Rick Bouchard of the iversité de Moncton. She was again asked to write the rview article 8on Nexus constitutional September law ( term) for Supreme Court Law Review; the piece is forthcoming. Jula Hughes has received a $12,000 Harrison McCain Young Scholar Award for her research on the reform potential of Canada s Residential School Truth and Reconciliation Commission. In June Tom Kuttner presented a paper on Freedom of Association The BC Health Case at the CBA National Conference The First Decade of the McLachlin Supreme Court. In May he attended the Canadian Association of Law Libraries Annual Conference in Halifax where he made a presentation on Teaching Jewish Law in Comparative Perspective to a panel on Religious Legal Systems. Also in May, Professor Kuttner gave the keynote address entitled A Revised Labour Law Curriculum at the Canadian Association of Labour Lawyers Annual Conference in Moncton. Anne La Forest has been on sabbatical this past term and is completing the final work on the case and statute update of the two-volume text Anger & Honsberger Law of Real Property 3d. It will be published in early October of She continues to be active on a number of boards. This past year, she was reappointed to the National Judicial Institute, the national organization responsible for judicial legal education. The Tom Kuttner Anne La Forest David Townsend

9 Institute is chaired by Chief Justice McLachlin. Professor La Forest was also appointed to the Audit Committee of that organization. Very recently, she was re-appointed as Lead Member of the New Brunswick Securities Commission and is also a member of the Audit Committee of that organization. She has chaired a number of enforcement hearings for the Commission including the recent cases of Goldpoint Resources Corporation (30 April 2009) and Locate Technologies (3 July 2009). Finally, Professor La Forest is a Board member of the Patent Medicine Pricing Review Board and in that capacity has been involved in amendments to that organization s Guidelines as well as hearings relating to the pricing of medicines. She is looking forward to returning to teaching in the fall and will be teaching both Contracts and Property to the first year class. In the fall of 2008, Karen Pearlston presented Patriarchy is in the Details: Private Separation in Britain and Ontario at the annual conference of the British Columbia Women s History Network Raising the Bar, and gave a faculty seminar at the University of Victoria Faculty of Law. This spring, at the invitation of the New Brunswick Human Rights Commission, Dr. Pearlston delivered a public lecture entitled The Struggle for Lesbian, Gay, Bisexual and Transgendered Rights in Canada. Also in the spring, she presented Uncovering Coverture: Patriarchy and Power in Women s Legal History at the international conference Women, Culture and Power: Rereading History from a Female Perspective in Sherbrooke Quebec. Dr. Pearlston s article, Married Women Bankrupts in the Age of Coverture was published in volume 34 of Law and Social Inquiry. In July, she began a oneyear sabbatical which will take her to law schools on both sides of the Atlantic. To further her work on women s legal history and comparative family law, she plans to spend part of the fall as a distinguished visitor at the Institute for Feminist Legal Studies, Osgoode Hall Law School in Toronto and to spend the spring term at Kent Law School, Canterbury, UK, as a Harrison McCain visiting scholar. Norman Siebrasse attended the 15th Session of UNCITRAL Working Group VI on Security Interests in Intellectual Property from April 27 to May 1 in New York as a member of the Independent Film and Television Alliance delegation. At a workshop on Marine Iconic Species in the Genomics Era: Cod and Salmon, held in St. Andrews, NB from May 28-29, Professor Siebrasse presented a paper on Canadian Patent Law Related to Marker Assisted Breeding. David Townsend was a program chair for the 2009 World Congress Privacy, Security Trust and the Management of e-business held in Saint John in late August At the ARTC Symposium Privacy in Health Services and Policy Research held in St. John s, Newfoundland in April 2009, he gave a keynote address titled Personal Health Records (PHRs): The Best Case for Patient Access to Health Information. In October of 2008, David presented a paper on PST for PHR: Extending Personal Health Information Legislation to Personal Health Records at the 2 nd Atlantic PST Summit 2008 Sharing Electronic Health Information: Issues & Challenges. A joint paper entitled, Communication Technology, Emergency Alerts, and Campus Safety (with Gordon Gow, Peter Anderson, Tara McGee, and Stanley Varnhagen) appears in vol. 28, #2 IEEE Technology and Society (summer 2009). He gave several invited lectures at UNB and STU in 2008 and 2009, including Cyber Crime: Trends and Responses (St. Thomas University, November 2008); Protecting the Privacy and Security of Personal Health Information (UNB, November 2008); Advancing the Privacy and Security of Personal Health Information in New Brunswick (UNB, January 2009); Recent Developments in Campus Emergency Notification (UNB, February 2009); Updating Wiretapping Laws in Canada:... Balancing Our Security, Policing and Social Justice Needs (St. Thomas University, March 2009); Campus Emergency Notification: Addressing the Law & Policy Issues (UNB, March 2009); and Wiretapping Public Networks: How Do We Balance User Privacy and Lawful Surveillance in Canada? (UNB, April 2009). Nexus March

10 Student News UNB Law Students Step Into the Ring to Knock Out Landmines On March 21, ten UNB law students competed in fully-sanctioned amateur boxing matches for the second annual Knocking Out Landmines Charity Boxing Fundraiser. The event, organized by cochairs Justin DeMerchant ('10) and Chris Samuel ('10), raised over $4,000 for the Canadian Landmine Foundation. Held in the Royal Steward ballroom of the Fredericton Inn, the evening had the glitzy feel of a Las Vegas prize fight. Over 220 people were in attendance for the fights, including several representatives from the faculty. The funds raised will be used to help the CLMF in its mission to rid the globe of anti-personnel landmines and their devastating effects. The International Law Society and the UNB Chapter of Canadian Lawyers Abroad raised over $1,000 this year. Fundraisers included the sale of fair-trade coffee in Ludlow Hall and a successful nighttime event at the Phoenix bar in downtown Fredericton. The funds will be used to support this year's UNB intern, Chris Samuel ('10), when he travels to Accra, Ghana to volunteer at the Centre for Public Interest Litigation. Hockey Litigators Victorious Liam Legate ( 09) It is with mixed emotions that I write this. On one part, I am elated after the 7-0 victory that brought the IHL Ice Hockey Banner back to Ludlow Hall, but I am also saddened that this is my last official duty as the Ludlow Litigators Communications Manager and the end of my IHL career. Nonetheless, I will fulfill this final duty with pride and courage. There was a sense that something special was in the air as the Litigators stepped onto the ice to take warm-ups on Tuesday night. The stands were filled with devoted Litigators fans who were ready to witness a history making event. Steve Orr was quoted as saying boys, this could be the last time that you play a game in front of this many girls, so make it count!. Both teams came out flying, and the Aitken House fans were full of taunts and boos towards the Litigators. However that noise was quickly silenced when Chad The Heir Apparent Sullivan snipped a beauty goal that began the Litigators lead that would never be given up. The Litigators D line stifled the Aitken offence and left them with less room to move than 8 litigators stuffed into Colin Keith s Subaru. Hicksy, Tyler The Big Smooth Coleman, LeCain, MacRae and I Hurley (not to be confused with his beard brother C Hurley)made tape to tape passes, launched face melting clappers and quarter backed the PP in a way that would make even Bobby Orr envious (no relation to Steve Orr, but yes he is related to Terry Ryan). The Luna Pizza line of C Hurley, Keither and Josh The Franchise Egan dominated the Aitken back checkers and gave several highlight real worthy goals that electrified the Ludlow Nation. Sullivan as usual was a monster on both ends of the ice and added to his impressive rookie year stats. Nick Van Hustle was all hustle and fist pumps on and off the ice. Steve Orr put off a career defining performance with Egan like dangles that would make cousin Terry proud. There was some 10 Nexus September 2009

11 debate between fans as to whether Steve was checked into the boards or took a tumble after tripping over the pesky blue line. Video evidence was inconclusive. Finally, Phil The Terror Theriault one timed a beauty that padded his lifetime playoff stats. Fans were disappointed when Matt Dewitt was a late scratch due to a dislocated toe injury sustained earlier that day. Details of the injury have not been disclosed to the media. Coach DeMerchant kept the lines rolling and hand crafted the potent PP and PK lines that dominated all game long. Finally Neil Hextall Keating recorded a shutout, and in doing so, no doubt qualified himself for early entry into the IHL Hall of Fame after a storied seven year Intramural Career. Fans were treated to a blast from the past and a nostalgic ending to the game when the 5 veterans that had been there since day one took the ice to close out the victory. Fans were reminded of a more innocent time when trivia was actually trivia and not a dance mix blaring dance bar and when Smythe Street represented unlimited all night parties and not just another long road in Fredericton on a constant incline. Tears were shed and man hugs were distributed. Well Ludlow, now we have a banner that even Justice Binnie would be proud of. When you look at this banner, don t just think of it as an item purchased for a moderate price at Ben s Trophy shop but rather a symbolization of the greatness that we can all aspire to while in Law School. God speed Ludlow. Nexus September

12 Library News Since joining the UNB Law Library in October 2008, Reference/Instruction Librarian Catherine Cotter ( 02) has been kept very busy. She offered several training sessions for students in the winter, and met with faculty members from the Faculty of Law and elsewhere on campus to assist them with their research needs. Catherine has also been active with the Canadian Association of Law Libraries (CALL). At the recent CALL annual conference in Halifax in May 2009, she chaired the Academic Law Libraries Special Interest Group meeting and moderated two panel discussions: And God Made Law. Talmudic Law and Shariah Law: Introduction and Discussion of Their Use in Canada, and Best Practices: Training Our Users. Catherine is also on the planning committee for the 2010 CALL conference, to be held in Windsor, Ontario. Thanks to a grant from the Faculty of Law s Heritage Fund, Technical Services Librarian Darren Furey was able to attend the 6th Annual Sirsi Dynix Northeast Regional Group conference in June 2009 at Penn State University in State College, Pennsylvania. This conference focuses on technical services issues and the operation of the Sirsi Dynix integrated library stysem, which our library uses. At the 2009 Canadian Association of Law Libraries conference, Darren became a member of the Editorial Board that oversees the development of the KF Modified Classification System, which is used by more than 60 law libraries across Canada, including UNB. Head Law Librarian Janet Moss recently completed a two-year term ( ) as Co-Chair of the Canadian Academic Law Library Directors Association. Alumni News Yvonne (MacKean) Barbour ( 00) and husband Blair welcomed their second daughter, Bailey MacKean, on November 25, Big sister Piper is thrilled. Yvonne and Blair reside in Yellowknife, where Yvonne is a stay at home mom and a Justice of the Peace for the NWT. David Barry ( 72) has been appointed chair of the New Brunswick Securities Commission. His five-year term began on July 1, Heather Clarke ( 04) has joined Philip Sheppard Law Office in Carbonear, Newfoundland as an associate. She was called 12 Nexus September 2009 to the bar in 2005 and is a member of the Law Society of Newfoundland and Labrador. Heather s preferred areas of practice are criminal law, family law, personal injury, and real estate. A special session of the New Brunswick Court of Appeal was held on June 23 to celebrate the career of retiring Justice Joseph Daigle ( 58). Following his graduation from UNB Law, he practiced law for several years until his appointment as a provincial court judge in He was elected to the legislative assembly of New Brunswick in 1975 and served as leader of the Opposition from 1978 to In 1982, Justice Daigle was appointed to the Court of Queen s Bench and was Chief Justice of that court in He served as Chief Justice of New Brunswick from 1998 until 2003, when he elected supernumerary status. Michael Drake ( 01) has joined the partnership at McInnes Cooper in Charlottetown. His practice focuses primarily on litigation, insolvency and administrative law. Michael has a special interest in advising young entrepreneurs and startup companies in Prince Edward Island, and has presented to

13 Alumni News Cont. industry groups on partnering arrangements, protecting the start-up business, and estate and succession planning. Sarah Drodge ( 08) has joined Cox and Palmer s Halifax office as an associate. Her practice focuses on labour and employment law, and litigation. Ashley Dunn ( 08) has joined Cox and Palmer s Halifax office as an associate. She is part of the firm s litigation team. Aldéa Landry, C.M., Q.C. ( 71) was named winner of the Greater Moncton Chamber of Commerce Prix Muriel Fergusson Award in March. She is president of Landel Inc. a management consulting firm in Moncton. She is the current chair of Regional Health Authority A board of directors and is a member of an advisory committee established by Prime Minister Stephen Harper to analyze options for renewal of the public service. Roland Levesque ( 75) was appointed a Crown attorney in March in the Dartmouth, Nova Scotia office of the Public Prosecution Service. He joined the Federal Prosecution Services of Justice Canada as a Crown prosecutor in Donna MacEwen ( 89), a partner at McInnes Cooper in Moncton, has become a U.S. trade-mark agent. She is now qualified to practice before the U.S. Patent and Trade-Mark Office in trademark matters for clients located in Canada. Jennifer (Younker) MacPherson ('01) joined the partnership at Stewart McKelvey in Charlottetown on January 1, She and husband James are also happy to announce the arrival of their second child, Christian James, on December 22, Frank McKenna, P.C., O.C., O.N.B. ( 74) has been elected chair of St. Francis Xavier University s Board of Governors. Robert McLeod ( 96) passed away on July 28, A native of River Denys, Cape Breton, Rob practiced in Prince George, BC, Dartmouth, NS, and Kelowna BC. He was an avid motorcycle enthusiast and was a board member of the Canadian International Motorcycle Heritage Museum. Rob was a past board member of the Motorcyclists Confederation of Canada and the Nova Scotia Off Road Riders Association. Claire Pitre ( 82) of Fredericton passed away on April 1, She had recently retired from her position as legal counsel to the Ombudsman of New Brunswick and was a member of the Law Society of New Brunswick and the Canadian Bar Association. Maggie Coffin Prowse ( 99) recently formed the law firm of Coffin Prowse Law Office (www.coffinprowse.com) in Saint John, NB. Her background is in corporate and commercial law, with specialities in mergers and acquisitions, environmental, and construction law. Sylvio J. Savoie ( 64) passed away on June 10, He was a judge of the Tax Court of Canada. Prior to his appointment to that Court in 2001, he was a judge of the New Brunswick Provincial Court from 1989 to In 1986 he was appointed Queen s Counsel. Judge Savoie was active in his community, serving as a Moncton city Councillor, President of the Board of Directors of the Georges-L. Dumont Hospital, Director of the Boys and Girls East End Club, President of the Cathedral Parish Council in Moncton, Vice-President of the Moncton Church Council, Director of the Moncton Volunteer Centre, and Director of Opportunity for Youth. Karen Stilwell ( 08) was admitted to the Nova Scotia bar in June. She is an associate at McInnes Cooper in Halifax with a practice focusing on tax and tax litigation. Ross Webster ( 66) retired as a full-time judge of the Ontario Court of Justice on January 31, 2009 after 28 years on the bench. He continues to serve as a parttime judge. Nexus August

14 Erin Breen ( 02) By Rosie Gillingham The Telegram The following article and photo appeared in The Telegram (St. John s, NL) on June 13, 2009 (www.thetelegram.com). It is reprinted with permission. Sitting at her big, mahogany desk, Erin Breen looks diminutive. At 5 1, she s almost swallowed by the surroundings in her big, bright, 10th-floor office that boasts a breathtaking view of St. John s harbour. But don t let her size fool you. The 35-year-old is a force to be reckoned with in a courtroom and can stand up to the best of them when challenged. As one of the partners in Simmonds, Breen and Sullivan, Breen is a respected criminal lawyer who has taken on several big cases. I ve always been interested in helping people who find themselves in really difficult circumstances, said Breen, who was called to the bar in There s no more stressful situation than when your liberty is at stake. It was the partners she works with now who piqued her interest in criminal law. As a law student at the University of New Brunswick in 1999, she was closely following the highly publicized and ultimately wrongful convictions cases in this province, where Gregory Parsons, Randy Druken and Ronald Dalton were implicated in murders. The men were later the focus of the Lamer inquiry into wrongful convictions in this province. Breen was writing a paper on the subject at the time and interviewed Bob Simmonds and Jerome Kennedy, the two lawyers who were at the heart of the investigation. I was watching two of these guys like hawks. They were shaking everything up here and challenging the system, she said. I thought they were rebels. After graduation, Breen returned to Newfoundland and gave Simmonds and Kennedy her completed paper. They must have been impressed, because after Breen articled with O Dea, Earle for a year, they offered her a job Nexus March August

15 A month after she accepted the position, the Lamer Inquiry began. I got to see all of that unfold, she said. It was such an exciting time for me. Breen credits Simmonds and Kennedy for helping her develop as a lawyer. They ve both been such important mentors to me. Simmonds is head partner at the firm and Kennedy has left law for politics, becoming the provincial justice minister before moving on to finance. I can t begin to describe how lucky I felt to have worked with them both at the same time, Breen said. Her office is the one Kennedy had before he moved into the political arena. In the past six years, Breen has seen many changes in the justice system in this province. When I first started, it was pre-lamer, so there was still a real skepticism, even about the wrongful conviction cases that are now very much accepted as wrongful convictions, she said. In 2003, people were still scoffing at those. I remember hearing the comments as I walked down the street. But I feel there s been a general acceptance that wrongful convictions happen and that we should be very concerned about them. When Kennedy left the firm, Breen and Rosellen Sullivan were given more responsibilities. She says it can be difficult sometimes, knowing she has people s lives in her hands. There are times when you can t sleep at night because in your head you re going through the mechanics. It s particularly tough when someone is facing jail or is in jail. There s no slacking off. You re working and you re constantly thinking of ways to try and assist them, she said. But at the same time, you recognize there are limitations on everything. But we ve always done everything very ethically here. I find it keeps me going every day. That s why I come back. That s why I like it. That s why I find it interesting. Breen has helped defend some big-name clients, including former natural resources minister Ed Byrne, who was recently sentenced to two years less a day in jail in the constituency allowance spending scandal. She s currently representing three men accused of drug trafficking in a major drug sting, dubbed Operation Roadrunner. I ve seen comments in the media when we take on cases that some people find offensive, but I believe in the Charter (of Rights) everybody has the right to a fair trial and the right to a good defence, regardless of who that person is, and regardless of what they re charged with, she said. So, I find that you can t be outraged by what happened to Greg Parsons, but then at the same time, be (mad) at us for working hard for another person who s charged. To me, that doesn t make sense. You either believe in the Charter or you don t. When she s not taking care of clients, she s working to take care of her family. Breen has a 2 1/2-year-old son, Dylan, and a seven-yearold stepson, Alex. Her husband, Marcel Levandier, is the guitarist with The Liz Band. When I had Dylan, everything in my life changed, she said. With work and home life, I fall into bed at night. I don t even get a chance to see Marcel play anymore. I can t stay up past 10 o clock anymore. Breen cherishes moments with her family even more these days, since she recently lost a very important member. Her uncle, Peter Breen, was one of the 17 people killed in the Cougar Helicopters Flight 491 crash on March 12. That was tough, she said. My dad (former city councillor Kevin Breen) has a big family, with five brothers and two sisters, and my grandmother is 91. So, it was tough on everybody. Breen was on her way to court when she first got the news about the crash, but we were all very hopeful at that point, she recalls. Later that day, when only one survivor was found, her family knew there would be no hope of Pete returning. She says the support of family has gotten her through, and she enjoys simple pleasures taking a stroll in the park or just hanging out at home. At this point in my life I ve got no aspirations of doing anything else, she said. I m quite content with what I m doing now. Nexus September

16 FACULTY OF LAW Publications Mail Agreement Return Undeliverable Canadian Addresses to Faculty of Law, University of New Brunswick P.O. Box 4400, Fredericton, New Brunswick, E3B 5A3 Nexus is Published by the Faculty of Law, University of New Brunswick Contact: Maureen Dick Tel: ; Clea Ward Tel: ; Photos: Rob Blanchard, Joy Cummings Dickinson Agreement No Nexus September 2009

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