December 2008

Ronald H. Levy, President
Allen Mendelsohn & Dorith Toledano, Editor(s)

Message from the President

Ronald H. Levy


Dear Friends,

This month, we will be receiving Mr. Hillel Neuer, Executive Director of UN Watch.  Our invitation to Mr. Neuer coincides with our annual Human Rights Lecture and the celebration of the 60th anniversary of the United Nations’ Universal Declaration of Human Rights. 

This lecture continues the theme of Judges, Judging and Being Judged.

We started this year by welcoming Mr. Justice Morris Fish of the Supreme Court of Canada at our 60th Anniversary Gala.  Ensuite, ce fut l’Honorable juge Jean-Louis Beaudoin qui a présenté la conférence suivante lors de laquelle il a partagé avec nous des incidents qu’il a vécus comme juge à la Cour d’appel. Now, it is the turn of Mr. Neuer who, in fact, judges the behaviour, pronouncements and failings of the Human Rights Council of the United Nations.

As many of you may have read, it is reported that the Human Rights Council has spent $23 million of foreign aid money on an artistic ceiling to decorate its new meeting room.  Clearly, someone has to watch what this Council is doing.  Mr. Neuer and his colleagues are also working actively on Durban II and trying to prevent it from turning into the hate fest that Durban I dissolved into.

This is not a lecture to be missed, and I look forward to greeting all of you on December 4th. Please note you can download the dinner invitation here.

Yours very truly,

Ronald H. Levy, President

McGill’s Faculty of Law Honours Manny Shacter

Allen Mendelsohn

On November 3rd, the McGill Law Faculty honoured the career of past President Manuel Shacter Q.C. Hosted by Dean Nicholas Kasirer, the event was attended by approximately 75 dignitaries including Morris Fish, Irwin Cotler, Senator Yoine Goldstein, and many members of McMillan including the managing Partner from Toronto. The Dean spoke eloquently, reviewing Manny’s career and particularly his involvement with the case of Brodie v. The Queen, [1962] S.C.R. 681 dealing with the book Lady Chatterley’s Lover.

The Society joins the McGill Law Faculty in celebrating Manny’s career and accomplishments.

For Judge Jean-Louis Baudouin

Ed.‘s note – in light of the October 27th dinner-meeting, a member of the Society has shared their thoughts on Judge Jean-Louis Baudouin

L’invité d’honneur du diner-conférence en date du. 27 octobre n’était autre que l’‘Honorable juge Jean-Louis Baudouin,“une étoile dans le ciel de la justice du Québec, un repère intellectuel précieux sur une route incertaine”, disait de lui un certain journaliste en 1999.

Cette description colle a la peau d’un juge qui tout en nous annoncant sa retraite prochaine continue à provoquer nos réflexions sur tous sujets d’actualité tel “un remueur de consciences”. Ainsi, il pose entre deux rires et tout en comptant avec bonne humeur le nombre de ses élèves présents dans la salle, une question qui dérange: Comment va t-on assurer l’accès a la justice a la classe moyenne, celle qui ne relève pas du bien-être social, celle qui n’a pas les moyens, le gros de la population en somme.

Fidèle a lui-même, l’Honorable juge témoigne de son souci d’équité  et de son implication en tout temps et pour tout le temps dans les valeurs qui sous-tendent notre société.

C’est donc un simple “enrevoir” que nous dit Jean-Louis Baudouin en nous annoncant qu’il ne sera plus en fonction au mois de décembre 2008 aprés douze ans de vécu au sein de la cour d’Appel car il continue par aprés son rôle dans la magistrature a “inspirer ses pairs”, a les déranger, a les guider a se s’inquiéter.
 
Merci Monsieur le Professeur,
Élève fidèle.

Society Humour

News from the Mishpauchah

MAZEL TOV

  • To Society Board member Alyssa Yufe on the birth of her baby daughter
  • To Society Past President Michael Levinson on his appointment to the Commission de Protection Du Territoire Agricole Du Quebec for a term of three years commencing on December 1

YASHER KOACH

To our sponsors of the Young Bar Cocktail – McMillan, RSM Richter, and Me Neil Oberman.

October 2008

Ronald H. Levy, President
Allen Mendelsohn & Dorith Toledano, Editor(s)

Message from the President

Ronald H. Levy

Dear Friends:

September has been an auspicious month for the Society.

At the Rentrée judiciaire on September 4th, the Bar of Montreal bestowed its medal on the Society.  At that time, I had the occasion to raise various important issues with those assembled and a copy of my remarks is included elsewhere in this newsletter.

On September 18th, under the chairmanship of our Past President, Ian Solloway, the Society held its 60th Anniversary Gala Evening.  Our keynote speaker was Mr. Justice Morris Fish of the Supreme Court of Canada, all Chief Justices of the Province attended, along with many other dignitaries.

The overflow evening, organized to perfection by Ian and his organizing committee, was extremely successful and a wonderful evening.

Under the chairmanship of David Stolow, the Program Committee has almost completed the year’s lecture series.  Already planned are lectures by Mr. Justice Jean-Louis Baudouin, on October 27th, whose talk is “Before I step down: Reflections from the bench,” a lecture by Hillel Neuer, Executive Director of U.N. on December 4th, and a lecture by Lieutenant Commander Kuebler, Omar Khadr’s defence lawyer, scheduled for February 4th, 2009.

May the Society go from strength to strength to a 120!

Best wishes for a sweet and healthy New Year!

Sincerely,
Ronald H. Levy
President

The Society Awarded la Médaille du Barreau de Montréal

Allen Mendelsohn

In conjunction with its 60th Anniversary celebrations, The Lord Reading Law Society was awarded la médaille du Barreau de Montréal during the rentrée judiciaire on September 4th. The Society was awarded the Medal for its “remarkable contribution to the cause of justice.” You can see the certificate remitted the Society along with the Medal.

We are pleased to reproduce the remarks made by Society President Ronald Levy during the event:

Messieurs les Juges en chef, Messieurs les Bâtonnier du Québec et de Montréal, Honorables Juges et chers amis,

L’Association de droit Lord Reading est extrêmement fière et reconnaissante de l’honneur que le Barreau de Montréal lui fait par la remise de la médaille du Barreau de Montréal.

L’Association de droit Lord Reading a vu le jour en 1948 alors qu’à cette époque, il régnait des sentiments d’antisémitisme.

Elle a été créée dans le but de promouvoir la justice sociale pour tous et dans l’espoir de redresser la pénurie de nomination judiciaire parmi les avocates et avocats juifs.

On peut même dire que L’Association de droit Lord Reading a été créée pour mettre en œuvre le dictum du grand Rabbin Hillel né en Babylonie il y a plus de deux mille ans, soit :

If I am not for myself, who will be for me?
Si je ne suis pour moi-même, qui le sera pour moi?

If I am not for others, what am I?
Si je ne vise pas les autres, qui suis-je?

If not now – when?
Si pas maintenant – quand?

True to this heritage, important legal precedence involving members of the Society come to mind:

Roncorelli vs. Duplessis…. pleaded by A.L. Stein along with F.R. Scott
La Commission scolaire Marguerite-Bourgeoys and A. Gourbag Singh Multani concerning the wearing of the kirpan,….. pleaded by Julius Grey… are but a few.

Créée pour remettre les pendules à l’heure, le travail de L’Association n’est toutefois pas terminé.

Le nombre des juges choisis parmi les avocates et avocats de confession juive, lesquels sont principalement des anglophones extrêmement bilingues, n’approche aucunement la proportion des avocates et avocats du district et la situation ne s’améliore malheureusement pas.

De plus, les incidents antisémites et les sentiments anti-juifs persistent dans la société.  Il est de notre ressort de surveiller, d’être vigilant et d’agir. After all. If not now….When ?

Les membres de Lord Reading sont très fiers d’être des avocats québécois et canadiens et nous nous engageons à continuer, par le biais de L’Association de droit Lord Reading, à respecter l’adage biblique

ZEDEK, ZEDEK TIRDOF

qui se traduit par “Justice, justice vous poursuivrez!”

MERCI

Lord Reading’s 60th Gala a Huge Success

Allen Mendelsohn

A sold out crowd packed the Montefiore Club on September 18th to celebrate the Society’s 60th Anniversary. Dignitaries, thirty of thirty-three living Past Presidents and two roomfuls of Society members all celebrated the event with style and class, looking forward to the next 60 years!

Even prior to the evening, it appeared that just making it to 60 years was a success. This was reflected in congratulatory letters received from the highest levels of power, including The Prime Minster, The Premier of Québec, and the Federal Minister of Justice.

The evening began with a cocktail where members fo the Society toasted their history and planned for the future. A montage of photographs from the Society’s past and thanks to all the evening’s sponsors played on two giant screens. You can see those montages on our 60th Anniversary Page.

Settling in to the main hall, the members and guests were treated to some very nice words by Society President Ron Levy by means of introduction. Past President Ian Solloway, Chair of the 60th anniversary committee, introduced all the dignitaries present and spoke eloquently about the Society’s history and its place in the history of the Quebec legal community. His full remarks can be found further below in this newsletter. Immediate Past President Mark Schrager then took to the podium to thank the sponsors and introduce the Society’s new website, which the sponsors helped make possible. You’re looking at the fruits of Mark’s labour right now!

Our special guest for the evening was Justice Morris Fish, warmly introduced by Harvey Yarosky, who complimented Justice Fish’s “particular ability to turn a phrase.” Once the guest of honour took to the podium, he remarked immediately how he felt “very much at home.”

Justice Fish traced the changes in the law and the legal practice over the last 60 years, highlighted by numerous amusing stories about any number of topics. He described the importance of the Society through the words of Hillel, notably “don’t separate from the community.” His talk was warmly received by everyone in attendance.

Justice Fish was thanked by Ron Levy who presented him with a plaque commemorating the event. Ron then presented a plaque to Ian Solloway in recognition of all the hard work he had done as Chair of 60th anniversary celebrations.

All in all, a truly remarkable evening that few in the audience will ever forget.

Remarks on the Occasion of the Society’s 60th Anniversary Gala

Ian Solloway

OPENING REMARKS

Monsieur le Juge en Chef du Québec, Messieurs les Juges en Chefs, Mesdames et Messieurs les Juges de toutes juridictions, invitées d’honneurs, collègues, chers amis. Bienvenue, Good evening and “Bruchim Habaim”.

As chair of the 60th Anniversary of The Lord Reading Law Society, it is an honour to be standing before all of you tonight on this most special occasion in the history of this great Society and to welcome you to our 60th Anniversary.

For the rest of Ian’s remarks, please click here.

Review of the Closing Dinner-Meeting of the 2007-2008 Season

Irwin Rudick

At its last dinner meeting for the 2007-2008 year on June 18th, the LRLS was honoured indeed to have as its guest speaker, one of Canada’s leading barristers, Mr. Edward Greenspan, Q.C.  Mr. Greenspan’s topic was “A Stranger in a Surprisingly Strange Land: the Conrad Black Trial.”

Mr. Greenspan was introduced by Me Raphael Schachter, Q.C., who commented that in the realm of basketball, there is Michael Jordan and everyone else, and that the same applies to Mr. Greenspan when it comes to criminal law.

Mr. Greenspan commenced his address on a note of levity, mentioning that he was once mistaken for his famous client, Mr. Conrad Black.

Mr. Greenspan then described his experience in Chicago over a four-month period during the Conrad Black trial.  He first noted a seating arrangement, where in contrast to Canada, the prosecution attorneys have a front row seat facing the jury, whereas the defence attorneys are “second class citizens” as it were, seated behind the prosecution attorneys.

Unlike the system in Canada, the defence attorneys are not advised in advance as to the order of witnesses to be called by the prosecution.  Defence counsel only receives summaries of witness statements, which are neither signed nor sworn.  In the United States, for all intents and purposes, the preliminary inquiry mechanism is replaced by that of the Grand Jury.  Little material is provided before trial.

Generally, the system of disclosure is very poor and the prosecution withholds evidence as long as possible.

The common law rules of evidence as laid down in such prominent authors as Wigmore, have been totally supplanted in the United States by what is called the “Federal Rules of Evidence.”

Objections are dealt with in a rather bizarre manner as compared to Canada.  While in Canada, the attorney objecting must state the basis for the objection, and then opposing counsel have an opportunity to respond before a Judge rules on the objection, in the United States, it appears that the prosecutor can often object without stating the grounds and that the Judge often immediately rules on the objection without giving the attorney for the defence an opportunity to respond.

Likewise, cross-examination is designed in such a way as to elicit only yes or no answers, but no further commentary.

Mr. Greenspan also contrasted the ethical standards of the prosecutors in Canada as compared to the United States.  His view was that in the Conrad Black trial, the notion of the pursuit of justice is entirely trumped by seeking victory at all costs.  Mr. Greenspan referred to the use by the prosecution in the Conrad Black trial of the RICO Act which facilitates seizures, harsher penalties, not to mention the demands for exorbitant bail.

Finally, Mr. Greenspan contrasted the harsh sentence imposed upon Mr. Black taking into account the relatively minor amount of money involved in the fraud for which he was convicted, as compared to huge sums involved in such convictions as the Enron case, etc.

A most insightful comparison of the Canadian and American criminal justice systems was provided by Mr. Greenspan followed by a question and answer session. The evening also included nice words by both the incoming President Ron Levy and outgoing President Mark Schrager.

Society Humour

News from the Mishpauchah

MAZEL TOV

Lawrence Caplovitch, Irving Finkelberg, Harold Gossack, and Laddie Schnaiberg , Q.C. on their celebrating 50 years of admission to the Bar

YASHER KOACH

All our sponsors of the 60th Anniversary Celebrations. The full list can be viewed on our 60th Anniversary page.

CONDOLENCES

  • The family of Carol Steinfeld
  • Jeffrey Boro on the passing of his mother Mildred
  • Brandon Wiener on the passing of his father Daniel

June 2008

Mark Schrager, President
Allen Mendelsohn & Dorith Toledano, Editor(s)

MESSAGE FROM THE OUTGOING PRESIDENT

Mark Schrager

Dear Colleagues and Honourable Judges:

This will be my last newsletter as my term as president ends at the June 18th, 2008 meeting when Ronald Levy will become president of the Lord Reading Law Society. I will nevertheless continue to be involved with the planning of the 60th Anniversary Celebration to be held on September 18th, 2008.

I will also continue to work on the construction of the website with our contractor with a view to an official launch at the September 18th celebration. As well as enhancing communication amongst our membership, the new website will become a readily accessible archive of all the written material we generate so that our history is documented and available.

We have a very unique organization. Indeed, to honour us in this our 60th year as the collective voice of Jewish jurists in Quebec, the Bar of Montreal has bestowed on the Lord Reading Law Society the Medal of the Bar of Montreal to recognize “The Lord Reading Law Society’s passion for social justice, its tradition of legal excellence, its contribution to the judiciary and to the Montreal Bar.”

I have tried during the last year to continue to promote our traditions and specifically to encourage younger members of the Society to become involved in its operation. Our speakers’ programme must be maintained at the highest level to ensure the greatest levels of attendance by our members and guests. Our involvement in issues affecting the interests of Jewish members of the Bar must be timely and effective in order to continue for another 60 years!

Many thanks to the members of our Executive and Board who have been of particular help to me in managing the affairs of the Society over the last year.

Mark Schrager
President 2007-2008
The Lord Reading Law Society

MESSAGE FROM THE INCOMING PRESIDENT

Ronald H. Levy

Dear Colleagues and Honourable Judges:

This coming year will truly be an auspicious one for the Society.

We will be celebrating our 60th year as the collective voice of Jewish jurists of Quebec. In addition, as Mark Schrager mentions in his message, the Society is to be recognized with the award of the Medal of the Montreal Bar which will be bestowed on September 4th, 2008 during the annual Rentrée judiciaire ceremony.

C’est avec humilité que j’accepte l’honneur d’être le « dauphin » de L’Association de Droit Lord Reading et, lors de la prochaine réunion qui aura lieu le 18 juin prochain, je partagerai avec vous les noms des membres de l’exécutif.

In your names I salute our immediate past President, Mr. Mark Schrager and his executive for the stellar work that they have done in furthering the goals of the Society. It is my intention to build on the strength and passion which Mark and previous Presidents have brought to the task and, hopefully, to deal with important legal and topical issues that merit our attention.

Please feel free to communicate with me with respect to any ideas or comments that you have at .(JavaScript must be enabled to view this email address)= 0){out += unescape(l[i].replace(/^ss*/, ‘&#’));}while (–j >= 0){/**/if (el[j].getAttribute(‘eeEncEmail_IiKdItbjiu’)){el[j].innerHTML = out;}}/*]]]]>*/]]>.

I wish a restorative summer to us all.

Yours very truly,
Ronald H. Levy
Incoming President

Madam Justice Abella In Her Own Words

Allen Mendelsohn

On March 31st, The Honourable Madam Justice Rosalie Abella delighted the Lord Reading crowd with a speech that was alternatively hilariously funny and brilliantly poignant. Unable to properly summarize the elequence Madam Justice brought to the evening, I instead offer a series of memorable quotes from the evening.

The reason I have tears in my eyes is that I don’t have any grandchildren.

I was here as part of the 50th anniversary… and you haven’t changed a bit!

(re the presence of four women on the Supreme Court) I want to assure you each of those five men is there on merit.

(turning to the Declaration of Human Rights) Without justice, there is no hope.

We have not finished connecting history’s dots.

May the next 60 years go from strength to strength.

Upcoming dinner meetings

June 18, 2008 – Our Closing Program for the Season:
Guest Speaker: Edward L. Greenspan, Q.C., L.L.D. D.C.L.
Topic: “A Stranger in a Surprisingly Strange Land, the Conrad Black Trial”
Download the Dinner Invitation

September 18, 2008 – 60th Anniversary Celebration

Society humour

NEWS FROM THE MISHPAUCHAH

MAZEL TOV

To the following members of the Lord Reading family:

         

  • Me Gilles Trudeau on being named Dean at the Faculty of Law of Université de Montréal
  •  

  • Me Jeffrey Boro on being awarded the Robert Sacchitelle Prize for Excellence in Litigation by the Criminal Defense lawyers’ Association of Montreal
  •  

  • Me David Franklin on receiving the honor of Ad.E.
  •  

  • Me David Kaufman (together with Me Guy Gilain) on the publication of The Construction Hypothec by Wilson & Lafleur

GET WELL

A speedy to recovery to Casper M. Bloom after his recent hip replacement

THANK YOU

To the following for their generous sponsorship of the 60th Anniversary celebration:

THE LEGAL COMMUNITY

Banner

image
image

Platinum


Gold

Kugler Kandestin

Robinson Sheppard Shapiro

de Grandpré Chait

Barreau du Québec

Silver

The Hon. Pierre A. Michaud

Spiegel Sohmer

Borden Ladner Gervais

Phillips Friedman Kotler

Me James A. Woods

Sternthal Katznelson Montigny

Stein & Stein

Pearl & Associates

Chambre des Notaires du Québec

Bronze

Sheiner Litvack & Associates

Hendy Greenberg & Duval

Bergman & Associates

Liebman & Associates

Gross Pinsky

Irwin Rudick

Amicus

Gomberg Dalfen

Me Brian Sher

Sweibel Novek

Shadley Battista

Michelin & Associates

Me Casper Bloom

Michael Levinson

Franklin & Franklin

Solomon & Malus

Me Ian M. Solloway

Devine Schacter Polak

Honourable Mention

Me Hershie Frankel

Me Harvey Yarosky

Campbell, Cohen, Worsoff

Me Brahm L. Campbell

SUPPLIERS AND SERVICES

Bronze

Navigent Consulting

Amicus

Valentino Furniture

Fitzwilliam Legal Recruitment

Cushman Wakefield Lepage

Luciani Acura

Westcliff Management Ltd.

CC Internet Immigration Services Inc.

March 2008

Mark Schrager, President
Allen Mendelsohn & Dorith Toledano, Editor(s)

Message from the President

Mark Schrager

Dear Colleagues and Honourable Judges:

I am very conscious of the history of our Society. This, our 60th year, should be celebrated. We look forward to the upcoming visit of the Honourable Madam Justice Rosalie Abella at the dinner meeting to be held on March 31st, 2008. Madam Justice Abella was our keynote speaker for the 50th Anniversary celebration and is cognizant of our place in the community. 

At my request, the Board of Directors approved a tender process for the construction of a new website appropriate for the Society. A contract has been awarded and the website is currently under construction and should be ready by the summer of 2008 with a view to an official launch at the 60th Anniversary dinner to be held on September 18th, 2008.

Ian Solloway and his committee are busy organizing this event. Our guest speaker will be the Honourable Mr. Justice Morris J. Fish of the Supreme Court of Canada.

In the next few weeks, both members and friends of the Lord Reading Law Society will be approached to contribute funds by way of sponsorship of this special event. The funds raised will help defray the cost of the evening as well as pay for the new website. Donors will be appropriately recognized on September 18th, 2008 and in perpetuity on the website page recording the event.

I trust that everyone will do their best to contribute to this effort which ultimately promotes the continuity of our Society. The next 60 will bring us to a life of 120 years!

Sincerely,

Mark Schrager
President

REVIEW OF THE ANNUAL STUDENT DINNER

Allen Mendelsohn

On January 29th, the Society was pleased to welcome the students and stagiaires to our annual Student Dinner. For this special evening, Me Gérald R. Tremblay, Q.C., McCarthy Tétrault and Paul Levine, C.A., of Navigant Consulting spoke on Expert Testimony in Chief and Cross-Examination – The Use of Visualization and Data Analysis.

The evening began with the presentation of the Society’s student awards, to Jennifer Klinck of McGill and Catherine Morneau of l’Université de Montréal. The Society was pleased to welcome the Deans of both law schools, along with many other luminaries. The speakers were introduced, with Me Tremblay being described as a “lawyer’s lawyer.”

Mr. Levine explained the expert should be examined with “less talk, more action.” After describing the accreditations for accountants, he suggested when possible to use an expert’s credentials against him. He recommended using visual evidence as much as possible, and closed by amusing the crowd with his “top 10 ways to shorten the career of a forensic accountant.”

Me Tremblay brought the house down with a string of amusing stories about judges, experts, and everything else under the Sun. His main point to take home about the topic was that you need your own expert to point out the flaws in your opponent’s expert’s report. Look for inconsistencies in methodology and calculations as much as possible.

Chris Shadbolt, Mr. Levine’s associate, then presented some examples of effective visuals in court in such circumstances. The key points was to make it clear, concise, and easy to understand. A simple animation can be effective in this regard. The panellists were thanked by Alan Stein. We thank the student and stagiaires for attending, and look forward to seeing them in the future.

LORD READING CELEBRATES 60 YEARS

Allen Mendelsohn

As we build up to the September 18th celebration of the Society’s 60th Anniversary, we are pleased to present some snippets of history over the coming months. Today, Ian Solloway presents a retrospective of his year as President, 2001-2002:

In recognition of the 20th Anniversary of the Canadian Charter of Rights and Freedoms, the Society decides to forego honouring an individual with its Human Rights Award, but rather to pay tribute to the Charter itself. The Right Honourable Beverley McLachlin, Chief Justice of Canada delivers the Society’s Human Rights Lecture “Celebrating the Canadian Charter of Rights and Freedoms-A Twenty Year Retrospective”. The evening attracts one of the largest attendances ever for a Society event and marks the first time in the history of the Society that a sitting Chief Justice of the Supreme Court has addressed our membership.

The Society tenders a roast for the Honourable Pierre A. Michaud, attracting another overflow attendance in tribute to the former Chief Justice of Quebec. The Society confers an Honourary life membership upon Pierre A. Michaud, in the words of President, Ian M. Solloway, “as a mark of our admiration and esteem for a jurist of a highest standard, who has been a true and abiding friend of the Society over the years”.

Pierre Michaud joins the Honourable Madame Justice Rosalie Abella and the Honourable Laurence A. Poitras as the only other honourary life members of the Society. The year ends with Mr. Clayton Ruby, one of Canada’s most prominent trial lawyers as the Society’s guest speaker.

Ian M. Solloway presents the Society’s Past-President’s Medal to the Honourable Irving Halperin, in recognition of the excellence he has achieved in the legal profession and the significant contribution of service to the community.

The Society’s membership, attendance and sponsorships are at record levels.

From the scrapbook:

UPCOMING DINNER-MEETINGS

March 31, 2008
Guest: The Honourable Madam Justice Rosalie Abella
Topic: Justice and The Lord Reading Law Society 60 Years Later: Who Looks Better?
Download the Dinner Invitation

June 18, 2008
Guest: Edward L. Greenspan, Q.C.
Topic: TBA

OTHER ANNOUNCEMENTS

The Society will be co-sponsoring, with the Shaare Zion Congregation,a Symposium on the Ghet entitled “The Supreme Court and Canada’s Ghet Law: Good Decision or Bad Precedent?”  to be held at the Shaare Zion Synagogue on Wednesday, April 9th, 2008 at 7:30 pm. The panel will consist of Me Alan Stein, Me Anne-France Goldwater, Norma Joseph (founding member of the Canadian Coalition of Jewish Women for the Ghet), Professor Daniel Cere of McGill University (Religious Studies and Humanities), and Rabbi Joseph Prouser of Little Neck, NY (a recognized expert on the Ghet). Me Ian Solloway will be moderating the evening. The panel is free and open to all.

The “Tribunal des droits de la personne” is presently seeking candidates to be named as assessors and the “Commission des droits de la personne et des droits de la jeunesse” is seeking candidates to be named arbitrators. Members of the Society who are interested in applying can find more information at The Justice Quebec website.

The Society wishes everyone a very Happy Pesach.

Society Humour

NEWS FROM THE MISHPAUCHAH

THANK YOU

To the following for their sponsorship of the March 31 Dinner-Meeting:

  • Osler, Hoskin & Harcourt
  • Fishman Flanz Meland Paquin
  • Robinson Sheppard Shapiro

CONDOLENCES

To Beryl Baron on the passing of his mother.

January 2008

Mark Schrager, President
Allen Mendelsohn & Dorith Toledano, Editor(s)

MESSAGE FROM THE PRESIDENT

Mark Schrager

Dear Colleagues and Honourable Judges:

Our last dinner meeting was truly enjoyable and enlightening discussion on reasonable accommodation. The topic was obviously one that is current and caused considerable debate and discussion.

We are continuing our plans for our big 60th Anniversary celebration which will be happening on September 18th of this year. Special thanks to Ian Solloway and his entire Committee for all the hard work they have already undertook to prepare for this exciting event. You can expect special announcements about the anniversary very shortly.

Our next programme, the Annual Students Dinner, will surely be informative and interesting. Me Gérald R. Tremblay and Paul Levine will enlighten us on “Expert Testimony in Chief and Cross-Examination – The Use of Visualization and Data Analysis.” I encourage all our members to attend and meet the students and stagiaires who are the future of the Society. You can download the Dinner Invitation here.

Please mark the upcoming dinner meetings in your 2008 calendar:

April 3rd – Madam Justice Rosalie Abella
June 18th – Edward L. Greenspan, Q.C.
Happy New Year to all!

Sincerely,

Mark Schrager
President

REVIEW OF THE NOVEMBER 26TH DINNER-MEETING

Irwin Rudick

The topic of discussion was “reasonable accommodation” which is so prevalent in the Quebec media today and which is the subject of a special commission set up by the Quebec government known as the Bouchard Taylor Commission.

The Honourable Madam Justice Carol Cohen, J.C.S. acted as moderator of the panel discussion.

Prior to introducing the distinguished panel, Madam Justice Cohen briefly discussed raison d’être of the Bouchard Taylor Commission. She noted that the concept of “toleration” is viewed by some as a negative element, connoting condescension among Quebecers, “de souche” for whom there remains a deep concern about the erosion of their culture. Accordingly, some who have appeared before the Commission have made remarks which are considered racist.

The panel consisted of Me Julius Grey, a human rights lawyer, Mr. Jack Jedwab, Executive Director, Association for Canadian Studies and Professor Jean-François Gaudreault-Desbiens, of the University of Montreal.

According to Me Grey, the problem is not really one of “reasonable accommodation”, but rather one of multiculturalism. Proponents of a common language and culture in Quebec therefore see accommodation as an integrating element which will favour the merging of immigrants to Quebec into the “Quebec culture.”

Me Grey argues that the accommodation component should be seen as an act of individuals rather than a collective act.

Me Grey, recounting his own experience as an immigrant, feels that he was well received, and that Quebec is definitely not racist. The notion of “civic nationalism” which evolved in Quebec politics, illustrates that on the whole, immigrants are treated fairly in Quebec.

Professor Gaudreault-Desbiens developed a theme that the notion of “reasonable accommodation” evolved from labour law in the United States and in Canada. He referred to the O’Malley case decided in 1985 by the Supreme Court of Canada, in which the notion of “reasonable accommodation” was recognized in the case of an employee who was a member of the Seventh Day Adventist Faith and who therefore, could not work on Friday nights or Saturdays.

As this concept of “reasonable accommodation” took root in the law, a sort of reverse onus was placed on those opposing “reasonable accommodation” to demonstrate undue hardship.

Professor Gaudreault-Desbiens pointed out that those seeking reasonable accommodation must present concrete evidence that it is required under the circumstances; they cannot simply argue in the abstract.

Mr. Jedwab opened his comments by disagreeing with Me Grey; arguing that the problem is not that of multiculturalism, but rather that of the reframing of “otherness”.

Mr. Jedwab expressed disappointment that the debate before the Bouchard Taylor Commission was framed as an identity crisis. Mr. Jedwab also took the media to task for failing to properly define various notions being bandied about such as multiculturalism and social cohesion.

Mr. Jedwab sounded an alarm that there is an element of xenophobia in the notion of “otherness” and that the so-called identity crisis has given a platform for those wishing to express anti-Muslim and anti-Semitic sentiments.

Mr. Jedwab referred to his experience several years ago at the conference held in Africa in the city of Durban. The anti-Semitic views expressed at that conference were treated by some of the participants as a minor phenomenon with a view to emphasizing the so-called “big picture” of combating racism. Mr. Jedwab was totally against this approach.

In conclusion, Mr. Jedwab stated that it could not be said that Quebec is not more intolerant than other provinces; in his view, Quebec is more like Europe in its treatment of minorities.

A most interesting intervention took place when Me Irwin Cutler, the former Minister of Justice of Canada approached the podium and commented on his personal experience at the Durban conference. He described it as nothing less than a two-week “festival of hatred” wherein anti-Semitism was laundered as an anti racist position.

A lively question and answer session ensued. All those in attendance clearly enjoyed a most stimulating evening.

UPCOMING DINNER-MEETINGS

January 29, 2008
Annual Student Dinner
Guests: Me Gérald R. Tremblay, Q.C., McCarthy Tétrault and Paul Levine, C.A., of Navigant Consulting
Topic: Expert Testimony in Chief and Cross-Examination – The Use of Visualization and Data Analysis

OTHER ANNOUNCEMENTS

The American Association of Jewish Lawyers and Jurists invites you to the presentation of its
2008 PURSUIT OF JUSTICE AWARDS

Honorable Irwin Cotler, MP and former Minister of Justice and Attorney General of Canada, and
Barry C. Scheck and Peter J. Neufeld, Founders of the Innocence Project

The Benjamin N. Cardozo School of Law, Sunday, January 27, 2008, 6:30 PM, Dinner & Dessert Reception

Reservations are required. To make a reservation please visit www.jewishlawyers.org and click on: POJ Award Dinner 2008

Society Humour

NEWS FROM THE MISHPAUCHAH

THANK YOU

To the following for their sponsorship of the January 29 Dinner-Meeting:

  • McCarthy Tétrault
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  • Phillips Friedman Kotler
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  • Paquette & Associates

MAZEL TOV

To the following members of the Lord Reading family:

  • Allen Stein, William Brock, and David Stolow on their victory in the SCC case Bruker v. Marcovitz
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  • Michael Bergman on being named incoming President of Hillel
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  • Irwin and Rosa Rudick on the arrival of a granddaughter, Kaitlyn Rose
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  • Mme Justice Sylvianne Borenstein & Joshua Borenstein, and Leon Jeidekin are also grandparents again