Reisa Teitelbaum, President
Steven Slimovitch & Allen Mendelsohn, Editor(s)

Message from the President

Reisa Teitelbaum

On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. International Human Rights Day is marked every year on December 10th.

It’s interesting that Chanukah, the Festival of Lights, which begins on December 15th, is a holiday which has its roots in a revolution against assimilation and the suppression of the Jewish religion.

The Society, at its Annual Human Rights lecture, presents a Human Rights Award to an individual who has demonstrated a sustained contribution to, or has been influential in the advancement of human rights and fundamental freedoms.  This is a significant award, as it represents the very core of the Society’s mission.

Cette année, le prix sera donné à M. Fo Niemi, co-fondateur et depuis 1983, directeur général du Centre de recherche-action sur les relations raciales (CRARR), un organisme sans but lucratif de recherche, d’action sociale et de défense des droits sur les questions relatives aux relations raciales. Fo Niemi has been recognized by Montreal’s Aboriginal (Indigenous Bar Association), Black (Montreal Association of Black Business and Professional People), Chinese (Chinese Neighbourhood Society), Indian (National Association of Canadians from India), and Muslim (Muslim Council of Montreal) groups for his civil rights work. He was the recipient of the Quebec Justice Award in 1995 and the Queen’s Commemorative Silver Jubilee Medal in 2002.

Mr. Niemi has done great work for the furthering of the rights of racial and ethnic minorities in Quebec. He has fought continually, serving on umpteen committees and overseeing numerous investigations into the violations of the rights of minorities. He is one of Canada’s leading anti-racism advocates.

J’espère vous voir tous le 12 décembre 2006.

Sincerely,

Reisa Teitelbaum
President

THE FATE OF JEWISH LAWYERS AFTER 1933 – A Review of the Henry Steinberg Memorial Lecture

Allen Mendelsohn

On October 16, the Society was pleased to welcome Dr. Norbert Westenberger, Vice-President of the German Bar Association. Dr. Westenberger was in Montreal on the occasion of the exhibition entitled “Lawyers without Rights” which was on display in Montreal at the Université de Québec. The exhibition centered on the glorious phase of Jewish jurists in Germany and documents their collapse and extermination in the Holocaust.

Reisa Teitelbaum began the evening with a few kind words about Henry Steinberg, who she described as being known for his “humour and jewishness.” Irwin Cotler then took to the podium to deliver an impassioned speech about the lessons of Nuremberg, on the 60th anniversary of the Nuremberg judgments. He said we should learn the lessons of the past to prevent another Rwanda, for example. He implored people to act, concluding by saying “qui s’excuse, s’accuse.”

Dr. Westenberger spoke eloquently about the exhibition and Jewish lawyers. In 1933, half of German lawyers were Jewish. When the Nazis came to power, the lawyers knew they had to go somewhere but they knew not where. On top of that, most Jewish lawyers had their licenses revoked and could not practice, and non-Jewish lawyers did not help their colleagues.

The exhibition tells personal tales about Jewish lawyers and their families around this time. Theirs are stories of persecution and even death. Dr. Westenberger felt the role of the exhibition was to give dignity to these people and their stories, and that it should provide a message that society should be ruled by law – which is something all lawyers can agree on.

A spirited question period followed. There was much debate on the point Dr. Westenberger made about current German Jewish lawyers who just call themselves German lawyers without regard to their religion. This seemed to upset some of those in attendance.

For more about the exhibition as reported by the Canadian Jewish News, please click here.

Upcoming Events

December 12, 2006 (Please note the new date) – Annual Human Rights Lecture
Guest/Honoree: Fo Niemi, co-founder of the Centre for Research-Action on Race Relations
Topic: Where have all the advocates gone? The lonesome quest for racial justice in Quebec

February 13, 2007 – Annual Students Dinner
Three lawyer panel on Directors’ Liability, especially the SCC Wise case

Society Humour

Avista Management v. Wausau Underwriters Insurance
U.S. Dist. Ct. Mid. Dist. Fla. (June 6, 2006)

Rock, Paper, Scissors – I Win!  In a case where a hotel investment firm sued an insurance company for allegedly not paying an insurance claim fast enough after Hurricane Charley, attorneys for the parties seemed at odds with each other from the get-go. When it came down to where to depose a witness, the attorneys would do no better. Not being able to select a location between themselves, the court was asked to intervene. U.S. District Judge Gregory A. Presnell was not amused. After chastising the attorneys for not being able to agree on even the most simplest of things, Judge Presnell issued his written ruling:

“[T]he Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the [Courthouse]. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of ‘rock, paper, scissors.’ The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006.”

** The two lawyers met on June 7, 2006, a day later, and agreed to the location for the deposition, making the game unnecessary. For fear of being held in contempt of court, defense counsel filed a motion asking the judge to call the game off. Plaintiff’s counsel joined in the motion. The judge vacated his previous ruling with the following, “With civility restored (at least for now), it is ordered that the motion is granted.”

NEWS FROM THE MISHPAUCHAH

MAZEL TOV

• Steven Slimovitch on the occasion of his son’s Bar Mitzvah

 

• Board member Elliot Lifson on his being named Chairman of the Board of the Chambre de Commerce de Montréal

 

• Julien Gratton, student at the Université de Montréal, on winning the Lord Reading Scholarship for excellence in Constitutional Law

 

• Irwin Rudick on the birth of his grandson Aiden James

YASHER KOACH

• Fishman Flanz Meland Paquin for its sponsorship of the October 16th 2006 dinner meeting

 

• Our sponsors of the Young Bar Cocktail, RSM Richter and Me Neil Oberman of Michelin & Associates

 

• Mara Greenstone and Heather Michelin on the success of the Young Bar cocktail

CONDOLENCES

Condolences to Frank Schlesinger and his family on the loss of his father Stanley

Reisa Teitelbaum, President
Steven Slimovitch & Allen Mendelsohn, Editor(s)

Message from the President

Reisa Teitelbaum

Dear Colleagues and Honorable Judges:

I trust that you have all enjoyed the holiday period and I wish you all a Shanah Tovah.

Our next program, the Henry Steinberg Memorial lecture, will be on October 16 2006 when we will host Dr. Norbert Westenberger, Vice President of the German Bar Association, on the subject of “The Fate of Jewish Lawyers in Germany after 1933.”

In the early 1930s, fifty percent of the 5,000 Berlin lawyers were Jewish. During October 2006, an exhibition entitled “Lawyers without Rights”/“Avocats sans Droits” will be on display in Montreal. The exhibition is an exceptional exhibit of letters, photographs and documents that focus on the personal experiences of German-Jewish lawyers after Hitler came to power in 1933. All of them lost their profession, most of them lost their country and a large number lost their lives. The exhibit arrives in Canada for the first time, after having appeared in 35 cities in Germany including the premises of the German Parliament, Israel, the United States and Mexico.

The Federal Bar Association of Germany acts as a main sponsor and organizer of the exhibit. Dr. Norbert Westenberger will host the opening of the exhibit in Montreal and has agreed to address us. I encourage all of you to attend this special event.

The Human Rights lecture will be held on December 5 2006. We will honouring Mr. Fo Niemi. Mr. Niemi is the co-founder of the Centre for Research-Action on Race Relations (CRARR), which has played an incomparable role in the promotion of access to equality for minorities in Québec. Mr. Niemi was awarded the Prix de la Justice du Québec by the Attorney General of Quebec for his outstanding commitment to the ideals of justice as well as the 125th Anniversary of Confederation Medal by the Governor General. His CV includes a plethora of achievements.

For all members who have not yet paid their membership fees, please do so as soon as possible. The Society counts on these funds in order to continue its activities.

I look forward to seeing you on October 16, 2006.

Sincerely,

Reisa Teitelbaum
President

Under the Robe: The Honourable Marshall Rothstein Speaks Out

Allen Mendelsohn

Review of the September 12th Alan B. Gold Lecture

The Society was pleased to welcome The Honourable Mr. Justice Marshall Rothstein on the occasion of the Alan B. Gold memorial lecture on September 12th. Justice Rothstein was thoroughly entertaining as he regaled the audience with tales from the Supreme Court and his nomination process.

The introductions were ably handled by Max Teitelbaum. F.C.J. Judge Teitelbaum praised Justice Rothstein and highlighted his career, calling him one of the best appointments the S.C.C. ever made. He cited Justice Rothstein’s expertise in intellectual property and his ability to deliver brief and succinct judgments.

Justice Rothstein took to the podium and looked to establish his Montreal connections by playing a little Jewish geography, thanks to his Montreal-born wife Sheila. Also, he highlighted his connection to Alan B. Gold in a brilliantly witty story which included reference to the “doctor who refused my mother’s request to have me aborted!”

He then turned to the Supreme Court and instead of a dry, academic lecture, delivered stories about nudity, including hilarious tales about the judges’ robes, highlighted by the use of the now infamous phrase “wardrobe malfunction.”

Finally Justice Rothstein turned to the crux of his speech, which was about the appointment of Supreme Court Justices and his experience. He described the ins and outs of the process, including the arduous preparation for the parliamentary hearing, and the lessons he took from the U.S. versions of the hearings. He found the hearing very civil in tone, with difficult but fair questions.

Justice Rothstein felt that the hearing process, while controversial, was open and fair. He felt the positives outweighed the negatives. He truly hoped the civility would continue in the future and that we would not be reduced the U.S. Senate-style hearings because Canadians don’t want that. He concluded by saying what an honour it had been to be at the Lord Reading that night.

Justice Rothstein shone through the question period as well, continuing with humour and honesty about the Court. He was thanked by Justice Perry Meyer, who stated that “our government had wisdom and good taste in making this choice (of Justice Rothstein on the S.C.C.).” All those in attendance that night would undoubtedly agree.

Upcoming Events

October 16, 2006 – Annual Hon. Henry Steinberg Memorial Lecture
Guest: Dr. Norbert Westenberger
Topic: The Fate of Jewish Lawyers in Germany after 1933

In the early 1930s, 50% of the 5,000 Berlin lawyers were Jewish. During October 2006, an exhibition entitled “Lawyers without Rights” will be on display in Montreal at the Université de Québec.  The exhibition is centered on the glorious phase of Jewish jurists in Germany and documents their collapse and extermination in the Holocaust.  Many perished but some escaped, including some who immigrated to Canada.  Dr. Norbert Westenberger, vice president of the German Bar Association is hosting the opening of the exhibit in Montreal. The Society is pleased to welcome Dr. Westerberger in conjunction with this event.

December 5, 2006 – Annual Human Rights Lecture
Honouree: Mr. Fo Niemi, co-founder of the Centre for Research-Action on Race Relations (CRARR)

Society Humour

Sex and the Ordinary Prudent Person

Doe v. Moe, a May 2005 Massachusetts appellate case, gives a whole new meaning to the idea of safe sex. A guy sued his long-time girlfriend (ex-girlfriend?) for negligence when an ill-advised change in position during consensual intercourse resulted in him suffering a fractured penis. (You’ll have to go read the opinion to get the details about how the accident occurred.)

In a case of first impression, the court struggled to arrive at an appropriate and workable standard of care to apply to private consensual sexual conduct. The court noted:
There are no comprehensive legal rules to regulate consensual sexual behavior, and there are not commonly accepted customs or values that determine parameters for the intensely private and widely diverse forms of such behavior.

Accordingly, the court concluded that the general negligence standard of reasonable care under the circumstances was inappropriate for consensual sex-physical injury cases. Instead, the court said the plaintiff needed to show conduct rising to the level of “wanton or reckless.” The court opined that while the trial record might support a finding that the defendant’s conduct exposed plaintiff to a risk of harm, it did not support a finding of wanton or reckless conduct.

— Doe v. Moe, 827 N.E.2d 240 (Mass. Ct. App. 2005)

NEWS FROM THE MISHPAUCHAH

MAZEL TOV

Congratulations to Andrew Brighten, recipient of the Lord Reading Law Society Prize for the 2005-2006 academic year at the McGill faculty of law.

CONDOLENCES

Condolences to the Stein family, on the death of Samuel Stein.

Reisa Teitelbaum, President
Steven Slimovitch & Allen Mendelsohn, Editor(s)

Message from the Outgoing President

Allan Adel

Dear Colleagues and Honorable Judges:

Le 7 juin 2006, mon mandat à titre de président de L’Association de Droit Lord Reading s’est venu à échéance et un nouveau président assumera dorénavant le leadership de notre Association.

Je suis fier d’annoncer que Me Reisa Teitelbaum sera votre nouvelle présidente. Reisa était active depuis longtemps dans L’Association et s’occupait de différents postes importants telles que présidente du Comité de programmation et Vice-présidente. Elle est qualifiée et est un choix excellent pour assumer la chefferie de notre Association et écrire un nouveau chapitre dans l’histoire de L’Association de Droit Lord Reading. Je souhaite à Reisa et sa nouvelle équipe le meilleur succès et leur offre mon entière collaboration.

I was very fortunate to have an enthusiastic and dedicated Executive to work with this past year. They were always available when the Society and I needed them, and they have my sincere gratitude. Those of the Executive who aspire to leadership of the Society, which I hope includes them all, should know what a privilege and pleasure it has been to be president during this past year. May the Society go from strength to strength.

Sincerely,

Allan Adel
President

Message from the New President

Reisa Teitelbaum

Dear Colleagues and Honorable Judges:

It is with great pleasure that I am writing my first President’s message. I look forward the upcoming 2006-2007 season and to working with the new executive, which is as follows:

1st vice president Donald Michelin
2nd vice president Ronald Levy
Treasurer Lawrence Glazer
Financial secretary and Liaison – chambre des notaires Solomon Katz
Recording Secretary Robin Schiller
Membership Hershie Frankel
Programming Mark Schrager
Sponsorship Tibor Hollander
Communications Allen Mendelsohn, Steven Slimovitch
Liaison- bench Justice Israel Mass
Liaison bar Howard Tatner
Liaison- young bar Mara Greenstone, Heather Michelin
Archives Morton Bessner
Human Rights Frank Schlesinger
Liaison- industry Elliot Lifson
International relations David Franklin
Immediate past President Allan Adel
Executive director Morris Chaikelson

Due to the hard work of Allan Adel, his executive and the other active members of the Society, the Society is healthy and vibrant. Membership is strong and participation is high. With the help of the new executive and the other active members of the Society, I look forward to making the coming year a success and to watching the Society grow.

Our opening program of the season, the Alan B. Gold memorial lecture, will take place on September 12 2006. We will have the pleasure of welcoming the Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada.

Have a wonderful summer and I look forward to welcoming you all on September 12, 2006.

Sincerely,

Reisa Teitelbaum
President

THE 2005-2006 SEASON CLOSES ON A HIGH NOTE – Review of the Henry Steinberg Memorial Lecture

Allen Mendelsohn

The Honourable Mr. Justice John Gomery was the highlight of the dinner-meeting on June 7, as the Society closed its season with the annual Henry Steinberg Memorial Lecture. While Justice Gomery’s speech entitled “The Pros and Cons of Inquiry Commissions” was the centerpiece of the evening, many other moments were highlights as well.

The evening opened with outgoing President Allan Adel introducing numerous dignitaries and introducing the evening with some nice words about Henry Steinberg. He said that Justice Steinberg was head of his time because he was a natural mediator, before the process of mediation became enshrined in our legal system.

Allan then proceeded to present the Lord Reading Past Presidents’ Medal to Manny Shacter. Outlining the criteria, he said the Medal is awarded to Society members and past presidents who show “excellence in contribution to the community and the highest ethical standards.” Allan outlined nicely how those applied to Me Shacter.

Me Shacter graciously accepted the honour by commenting on Allan’s remarks that “not many people have the opportunity to listen to their eulogy.” He highlighted some interesting stories of the Lord Reading history, including when Herbert Marx commented to him that he never could have imagined the number of Superior Court judges and the batonnier that were Jewish.

After a nice introduction by Jason Caron, Justice Gomery began by saying he doesn’t tell jokes well, but then immediately got a laugh by saying he “doesn’t do well standing up.” There was a small sense of disappointment in the crowd when he said he could not give any “inside dope” on the Gomery Commission considering the three outstanding judicial reviews and the fact he is still a judge. The crowd perked up when he said he would use whatever exceptions he could.

Justice Gomery offered a detailed history of commissions of inquiry. The pros of inquiries include their transparency, and he called then a “significant and useful part” of democracy in Canada. On the negative side, they can be unfair, damaging to witnesses’ reputations, and suffer from a lack of an evidentiary standard.

He then offered up five examples including Westray and Walkerton. He described the inquiries as a “means for Canadians to be appraised of community problems,” and ways to restore public confidence, as the inquiries investigate, educate, and inform. He concluded that they are slow and expensive, but he said that justice should be done whatever the costs, which is a feeling shared by Canadians in general.

A spirited question period followed, including Justice Gomery’s declaration that the biggest surprise about the whole thing was the level of interest of the Canadian public. He also described how he got used to the cameras, even though he still advocates their ban from the courtroom. He was nicely thanked by Claude Haccoun.

The evening concluded with immediate past president Ted Goloff thanking Allan Adel for his fine job over the year, and Allan’s stirring words of thanks. Incoming President Reisa Teitelbaum closed the season with some nice words about the past and the future, and introducing the Lord Reading Executive for 2006-2007.

Review of address by Members of the Ad Hoc Committee on Costs of the Bar of Montreal

Irwin Rudick

At the meeting of the Lord Reading Law Society on April 4th, 2006, the members and guests were treated to a highly stimulating address by the members of the Ad Hoc Committee on costs of the Bar of Montreal, namely Mtres. Mark G. Peacock, Robert P. Charlton and Leonard E. Seidman.

Mtre. Peacock stressed the urgency of reform in the area of costs and the need for this reform to be conducted in a global manner. Mtre. Peacock made the case that the current situation is tantamount to a denial, in many instances, to access to justice commonly thought to be “guaranteed” by the Quebec Charter of Human Rights and Freedoms as well as the Canadian Charter of Rights and Freedoms. Mtre. Peacock pointed out that the status quo is resulting in a precipitous decline in recent years in the volume of matters being brought before our Courts; for example, a decline of 51% before the Superior Court and 39% before the Court of Appeal.

Mtre. Charlton pointed out how the present Tariff of Judicial Fees of Advocates (the “Tariff”) constitutes an unreasonable restriction on the power of the Courts to fairly compensate meritorious parties and victims. Also, Quebec is unique in Canada in this regard.

Mtre. Charlton enlightened the audience on the political difficulties of correcting the problem in that successive governments have felt that the “optics” of increasing the Tariff would amount to “putting more money into lawyers’ pockets” etc. Accordingly, Mtre. Charlton favoured an approach whereby the Courts, rather than the government, would be empowered to correct the problem. The suggestion was made that the Tariff may even be unconstitutional in that it limits the inherent discretionary power of the Superior Court to award the costs of litigation between the parties and which power was held by the Superior Court at the time of Confederation in 1867.

Mtre. Seidman further underscored the inadequacy of the Tariff, pointing out that there has been a 2000% rise in inflation since its adoption in 1920, and that at present, the Tariff represents approximately 5% of its value in 1920. Mtre. Seidman also reviewed various important judicial precedents on the subject, both in Quebec and in the rest of Canada, and concluded that a fundamental reform is required. In particular, he referred to the costs-offer mechanism such as exists in Ontario pursuant to its Rule 49. According to this mechanism, a party who refuses a settlement equivalent to or better than the result obtained by Judgment will be penalized by the award of litigation costs against it, including all or part of the other party’s legal fees.

The main recommendations of the Committee were:

  1. The awarding of true litigation costs;
  2. The extension of the action in punitive damages to encompass the awarding of extrajudicial fees in appropriate cases;
  3. The implementation of incentives to reach reasonable and expeditious settlements; e.g. the cost-offer mechanism; and
  4. The adoption of rules to permit the financing of public interest litigation, including interim financing of extrajudicial fees, disbursements and costs of expertise.

A lively question and answer period ensued. The fact that when Mtre. Robin Schiller thanked the speakers, it was almost 10:00 P.M. – conclusively demonstrates the great interest of the members and guests in the topic discussed.

EDITORS’ NOTE – a resolution in support of the report was passed unanimously as modified at the Barreau’s AGM May 13. To read the text of the resolution, please click here.

Upcoming Events

September 12, 2006
Guest: Hon. Mr. Justice Marshall Rothstein, Supreme Court of Canada
Topic: To be announced

Society Humour

What do you cal a person who intersperses his conversation with Yiddishisms?
– An oyster

An alternative definition for circumvent:
The opening in the front of the boxer shorts worn by some Jewish men.

NEWS FROM THE MISHPAUCHAH

SPONSORSHIPS

The Lord Reading Law Society would like to extend its sincerest thanks to Stikeman Elliott for having sponsored the June 12th dinner meeting.

GET WELL

The Society expresses its best wishes for a full and speedy recovery to Society Director Leon Jedeiken following his knee replacement surgery.

INVITATION TO ALL

As always, the Newsletter is open to case comments, articles of interest, as well as any other information which may be of relevance to our members. Please communicate directly with Steven or Allen for further information.

Allan Adel, President
Steven Slimovitch & Allen Mendelsohn, Editor(s)

Message from the President

Allan Adel

Dear Colleagues and Honorable Judges:

Our guest speakers on April 4, 2006 are members of the Ad Hoc Committee of the Bar of Montreal who published a report on court costs comprising an exhaustive review of the principal issues; analysis of possible solutions, including a comparative study of rules in foreign jurisdictions ; and several audacious recommendations. In September 2005, their superlative efforts were recognized by the Bar of Montreal with an Award of Merit. Their report is available on-line at the web site of the Bar of Montreal, www.barreau.qc.ca/montreal/ (go to “Publications” and select “Rapport : Comité Ad Hoc sur les frais”)

The fundamental issue dealt with in the Report was framed by the Committee as follows:

  Do we want equitable recovery of reasonable legal fees awarded to the successful party in civil litigation? or

  Do we want the non-recovery of legal costs to remain a barrier to any real access to justice in civil matters?

While the Bar of Montreal has unanimously endorsed the recommendations of the Committee, they have met significant resistance at Quebec Bar Council with whom negotiations are ongoing. A resolution may be submitted to the Annual General Meeting of the Quebec Bar to be held in Montreal on May 13, 2006, which would resolve the matter as far as the Quebec Bar is concerned.

I hope that you will join us at our next dinner meeting on April 4, 2006 to hear more about the recommendations of the Committee and decide for yourselves whether those of us, in particular, who practice in the civil and commercial litigation arenas should get personally involved so that the recommendations of the Committee see the light of day and not end up in the wastepaper basket.

Sincerely,

Allan Adel
President

The Internet and Intellectual Property – A Review of the February 9th Dinner Meeting

Allen Mendelsohn

Students and stagiaires buoyed the crowd on February 9th, as Me David Collier, Bâtonnier of the Bar of Montreal, engaged the Society with a fascinating speech entitled Intellectual Property Implications in Respect of the Internet. On the occasion of the Society’s annual student dinner, the topic was very well received by everyone. Credit must be given to the Society’s Young Bar liaisons, Mara Greenstone and Heather Michelin, for their enthusiasm and ability in helping make the evening a success.

Me Collier was ably introduced by Allen Mendelsohn, who highlighted his long service to the Bars of Montreal and Québec. By way of introduction, Mr. Mendelsohn recounted his own experiences in downloading copyright material from the Internet, and jokingly wondered aloud how much trouble he was in.

Me Collier began to answer the question by specifying the importance of copyright law on the Internet, as the Internet has made it easy for massive copying and distribution of copyrighted materials. He described the competing interest of distribution and copyright protection, and how these are magnified on the Web.

His talk included a nice recap of the general tenets of copyright law, including the notion of copyright protecting the expression of ideas. He then turned to the technical details of the Internet, providing good background on how it works and the different ways files are distributed.

He then talked about the Supreme Court of Canada’s decision in the so-called “SOCAN 22” case. The basic holding is that Internet Service Providers are not liable for what their users do. Furthermore, it established that there is an extra-territorial jurisdiction to Canadian copyright law, as long as there is a real and substantial connection.

Me Collier then examined some other cases including the key American decisions where holders of copyrights such as movie studios and record labels fought it out with people sharing files on the net. He tied this in to the notion of private copying of copyrighted materials, and how blank media is now taxed in Canada to compensate the copyright holders. He also discussed the worldwide efforts to curb copyright violations in this area. He concluded by saying that the net has brought the competing rights of creators and users to the fore.

An excellent Q &A followed which touched on a number of topics including open source software, the collective approach, and artists vs. record companies. The successful student dinner concluded as Mara Greenstone did a nice job thanking Me Collier. With the number of young people in attendance on this night, it looks like the future of the Society is good hands.

Upcoming Events

June 7 – Annual Hon. Henry Steinberg Memorial Lecture
Guest: Hon. John Gomery, J.S.C.
“The Pros and Cons of Enquiry Commissions”

How Fortunate We Are

Peter Kalichman

Those of you who attended the Society’s February 9th dinner may have met Me David Halbwax and his wife Miriam, who attended as guests of the LRLS. Me Halbwax, a member of the Bars of Brussels and Paris, left France with his young family roughly 5 months ago to escape the increasingly anti-semitic environment that we have all read so much about. Me Halbwax fully intends to practice law in Quebec but cannot write his equivalency exam until January 2007. In the meantime, he is seeking the opportunity to work in a law firm in whatever capacity he can in order to familiarize himself with our system. Me Halbwax has prepared the following letter describing his situation, which I urge you to read. This courageous young man could use a little help from his confrères and his consoeurs in establishing himself here in Montreal.

Montréal, le 25 mars 2006

Il y a maintenant près de 5 mois que je suis établi avec ma famille à Montréal. Mon épouse Myriam et moi-même avons pris la décision de quitter la France pour immigrer au Canada eu égard à la situation qui ne cesse de se détériorer sur place.

Il faut dire que depuis 2000, la société française a connu de profonds changements qui affectent durablement la communauté juive et ses membres.

Dans un communiqué officiel du 9 mars 2006, le Comité Représentatif des Institutions Juives de France (CRIF) s’adressait en ces termes :

Le CRIF tient à partager avec l’ensemble de nos concitoyens son inquiétude sur l’avenir de notre pays.

Nous avions noté avec soulagement la baisse des actes antisémites en 2005. Mais les premières statistiques de 2006 font apparaître une nouvelle hausse, cruellement illustrée par l’assassinat horrible du jeune Ilan Halimi, et les violences anti-juives répétées de ces derniers jours à Sarcelles et à Lyon.

Dans des zones de non-droit, des bandes de voyous racistes et antisémites sèment la terreur. Dans de nombreuses banlieues et bien souvent au cœur des villes, les citoyens juifs ont peur de circuler et les parents juifs s’inquiètent pour leurs enfants.

Malgré les moyens considérables déployés, notamment par la police, l’escalade se poursuit.

En pareilles circonstances, il nous fallait absolument préserver l’avenir de notre fille Shiraz.

Cette situation nous a contraint à quitter notre famille et nos amis restés sur place et à fermer mon cabinet après 8ans d’exercice aux barreaux de Bruxelles et de Paris et à cesser mes enseignements à l’université.

Maintenant, il me faut affronter de nouveaux défis pour pouvoir exercer au sein du Barreau du Québec notamment en préparant les examens de transfert et en recherchant un cabinet d’avocats au sein duquel je pourrais mettre à profit mes compétences.

Pour y parvenir, j’ai entamé de nombreuses démarches afin d’intégrer le milieu professionnel des avocats.

Or j’ai pu constater que seul et faute d’être connu, il est quasiment impossible de faire valoir sa position auprès des cabinets d’avocats.

Cet isolement est très embarrassant et pèse lourdement sur l’ensemble de ma famille.

C’est pourquoi mes chers collègues, je me tourne vers vous et vous remercie d’avance de l’intérêt que vous porterez à la présente.

Je reste à votre entière disposition pour tout renseignement que vous souhaiteriez obtenir au sujet de mes compétences.

David HALBWAX

Tel : (514) 738-2480
Email : david.halbwax@sympatico.ca

NEWS FROM THE MISHPAUCHAH

SPONSORSHIPS

The Lord Reading Law Society would like to extend its sincerest thanks to:

• Ogilvy Renault for their generous support of the February 9 meeting.
• Heenan Blaikie and Kugler Kandestin for their generous support of the April 4 meeting

GET WELL

The Society expresses its best wishes for a full and speedy recovery to the Honourable Michel Proulx.