Larry Markowitz, President
Allen Mendelsohn and Doree Levine, Editor(s)

President’s Message

Larry Markowitz

Shana tova! May the Jewish new year 5777 be filled with health, happiness and success for all of us.

It has been several months since I was sworn in as President of the Society. In that time, I have regularly been reminded of the high esteem in which our Society is held. I am often invited to represent the Society at prestigious events – be it the opening of the Courts, the award ceremony for the Prix 2016 de la Justice imaginative of the Université de Montréal’s Faculty of Law, or the CJPAC / CIJA reception with MPs on Parliament Hill.  In addition, I was recently granted the opportunity – and indeed the honour – to serve as a member of the prestigious jury for the 10e Gala JBM « Les leaders de demain » of the Jeune Barreau de Montréal, alongside chief justices, bâtonniers and law faculty deans.

‎The high regard accorded to the Society by the legal community – and by the community at large – is a testament to the past presidents, Board members and other Society volunteers who blazed the path for the current executive and Board over the nearly 70 years since our Society’s founding. I wish to personally thank all of you for your efforts that led us to this point.

Innovation seminar & our next dinner

For the second year in a row, we will be co-presenting a legal seminar in conjunction with the Consulate General of Israel in Montreal – this time culminating in our next dinner-event on the evening of Thursday, November 3rd, which will feature an engaging presentation by the man who oversees the State of Israel’s world-class ecosystem of innovation, Asa Kling, Director of the Israel Patent Office and Commissioner of Patents, Trademarks & Designs.

Israel is the “Start-up Nation”, one of the world’s foremost technological innovators, boasting more publicly listed technology companies than any country outside the United States. Just this week, the World Economic Forum ranked Israel the second most innovative country in the world.

Behind any hub of innovation is a legal system that protects intellectual property and allows it to be exploited efficiently and profitably. Mr. Kling is a dynamic speaker. I strongly urge you to come hear him describe the Intellectual Property Law framework and other entrepreneurial initiatives driving Israel’s economic success story.

This event will appeal to those of you with an interest in innovation, start-ups and entrepreneurship, as well as those who wish to learn more generally about what’s happening in Israel and its world-class economy.

Please register for the event at the link on the left of this page. For early bird rates, please register by tomorrow, Friday, October 28th. We thank BLG for their generous sponsorship of the evening. 

Our dinner will be the culmination of an international seminar on the theme of ‘Innovation’ being organized by the Centre for Intellectual Property Policy at McGill’s Faculty of Law (with Lord Reading as co-presenter).  If you’d like to attend the November 2nd portion (and potentially gain an additional 4 hours of CLE credit), please click here for further information and to register directly with McGill.

Other co-presenters of the November 2nd seminar include the Consulate General of Israel in Montreal, the Centre de recherche en droit public of the Université de Montréal and the Harvard Club of Quebec.

We look forward to welcoming members and associates of these organizations at our November 3rd dinner at the Shaar, and to providing them a taste of the Lord Reading spirit of camaraderie.

See you all on ‎November 3rd! (and hopefully on November 2nd, as well!)

The Society’s Invitation to to Testify Before the Parliamentary Committee on Bill 62

Larry Markowitz

Because of the standing of the Society, our input is often sought. There is no better example than when the provincial government ‎recently announced it would be holding hearings at the National Assembly on Bill 62 – An Act to foster adherence to State religious neutrality and, in particular, to provide a framework for religious accommodation requests in certain bodies. Lord Reading was one of only two Jewish community organizations invited to testify before the parliamentary committee studying the Bill.

Lord Reading’s view was sought not because we were going to rubber stamp the proposed law, but rather because the powers-that-be in Quebec City knew they would be getting serious and constructive feedback from an association of skilled jurists, who are attuned to the intricacies of human rights law.

Indeed, we are opposed to Bill 62 – as we were to the late – and not-lamented – ‘Charter of Values’ in 2013. We consider the legislation proposed by Bill 62 to be superfluous; existing laws and jurisprudence already deal adequately with matters of reasonable accommodation and the wearing of religious garb.

As this newsletter goes to press, the Society is being represented in Quebec City by the Chairman of our Human Rights Committee Frank Schlesinger, by Past President Ted Goloff and by Board member Michael Bergman.I wish to personally thank this trio of esteemed jurists for the many hours of effort they put into preparing our brief – particularly in light of the relatively short notice we received from the National Assembly. I also wish to thank Board member Andrew Kliger, who devoted many hours of his valuable time to help prepare our submission.

For those interested, our Bill 62 submission will soon be posted on this website. We will update this note when the submission becomes available. 

UPDATED October 28th. Frank Schlesinger, Ted Goloff and Michael Bergman have appeared. Here is a photo of them at the National Assembly. You can watch their appearance here. Furthermore, the Society’s memorandum is now available to read. 

 

A Wonderful Evening with SCC Justice Moldaver and Adam Dodek

Allen Mendelsohn

On September 14, a huge crowd saw The Hon. Justice Michael J. Moldaver being interviewed by University of Ottawa Professor Adam Dodek on the Lord Reading stage, on the occasion of the Alan B. Gold Advocacy Lecture. The evening can only be described as a rollicking good time, with the two exchanging witty banter and Justice Moldaver delivering fabulous anecdotes throughout.

Justice Moldaver was introduced by Marc Gold, son of Alan B. Gold, who described Justice Moldaver as a mensch. The evening progressed with a series of one-liners and stories about Justice Moldaver’s life and career, from his formative years in Peterborough through his time as a criminal defense lawyer and on to his time as a judge at several court levels. Justice Moldaver’s recurring them for the evening was the “unpredictability of life”. 

The evening would be impossible to summarize here, but we can try to present some of the best moments:

• “Will you adopt me?” – Jusice Moldaver in response to Professor Dodek’s praises
• “It was a simpler time. We didn’t have Blackberries… or blueberries or raspberries…”
• Today’s law school students may be pleased to know Justice Moldaver failed torts in law school
• “I realized the real world was not like Perry Mason”
• His health took a beating when he was named to the Supreme Court. He gained 45 pounds, and survived on a diet of cigarettes and Miss Vickies chips. And more work than he expected!
• Justice Moldaver ended on a very upbeat note, saying Supreme Court judges “are here to service the people of this country”. He also commented that he was “a very lucky guy”.

A beautiful set of pictures from the evening can be found on the Lord Reading Facebook page. The Lord Reading Twitter account was active on the evening, and we are pleased to share some of that reaction here. Don’t forget to like us on Facebook and follow us on Twitter!

Second Annual Young Bar Hockey Night!

Andrew Kliger and Marissa Lydynia, Young Bar Co-Chairs

We are so excited for the second annual Lord Reading Young Bar hockey night! On Tuesday, November 15 we invite all Lord Reading members, especially young bar members, and law students to gather at the Lord William Pub to watch the Montreal Canadiens play the Panthers. We’ll have food and drinks and we expect a great time, especially with the Habs’ hot start!

Details can be found on the Young Bar page. Go Habs Go!

 

Trial Practice Do’s & Don’ts: Hot Tips from the Experts – 8th Edition

Ian M. Solloway

I am pleased to invite all Lord Reading members and friends to this 2-hour CLE event, on November 10th at 4:30 P.M. at Room 5.15 of the Montreal Courthouse.

The coming into force of the new Code of Civil Procedure on January 1st, 2016 ushered in a new era for all participants in the judicial system in Quebec. Trial lawyers, litigants, and judges alike have had to adapt to a new culture, new terminology, and new approaches to trial practice. With change come challenges and sometimes difficulties in our day to day practice.

In what promises to be a most informative and timely programme, the theme of this year’s 8th annual Trial Practice Do’s and Don’ts: Hot Tips from the Experts CLE of the English –Speaking Section of the Bar of Montreal is “The New Code of Civil Procedure: Complexities and Confusion, Ten Months In”.

The Conference will feature a distinguished panel of four jurists:  Me Peter Kalichman, who will deal with the “Case Protocol”; Me Lynne Kassie, Ad.E, who will speak about “Family Law procedural issues under the New Code”; Me Michael N. Bergman, who will deal with pre-trial and out-of-court examinations; and the Honourable David Collier, j.c.s., who will deal with Case Management and the trial judge’s perspective. As Chair of the English-Speaking Section of the Bar of Montreal, I am pleased to moderate the conference. 

A panel exchange will follow the presentations and a question and answer period will conclude the programme. A cocktail will follow the conference.

You can find out more and register at the Bar of Montreal website. 

 

Past President Casper Bloom to be Honoured at Université de Montréal Gala

Allen Mendelsohn

On November 17, Society Past President Casper M. Bloom will be honoured by ADDUM, the Association des diplômés en droit de l’Université de Montréal, on the occasion of their Grand Diner 2016. Casper is being honoured for his lifetime of service to the legal community of Montreal and beyond, on the 50th anniversary of his graduation from the Faculty.

Details and registration information can be found on the ADDUM website.

Society Humour

News from the Mishpuchah

Condolences

• To the family of notary Norman Malus
• To the family of the Honourable Donald Seal

Larry Markowitz, President
Allen Mendelsohn and Doree Levine, Editor(s)

President’s Message

Larry Markowitz

Dear Colleagues and Honourable Judges,

As I compose this message in late August, I am in Nuremberg, Germany, en route to Munich, where I will be attending an international lawyers’ conference.

Readers of this Lord Reading Law Society newsletter will no doubt be familiar with the dual connotation of the word “Nuremberg” – what our recent human rights gala honouree Irwin Cotler has termed the “Double Entendre of Nuremberg – the Nuremberg of Hate and the Nuremberg of Judgement”. Indeed, today we find ourselves at the juncture of the 80th Anniversary of the Nuremberg Race Laws and the 70th Anniversary of the Nuremberg Trials.

The Nuremberg court relied on “Natural Law” – the basic human principle that some acts are inherently wrong and when the harm that has been perpetrated is great, the person committing the offense must be punished. “Nuremberg Principles” are now applied around the world in an effort to prosecute crimes against the peace, war crimes, and crimes against humanity.

The Nuremberg Trials created the precedents that have so dramatically revolutionized the international legal landscape. There is much about international human rights law today that we take for granted: tribunals for places such as the former Yugoslavia and Rwanda; terms like ‘genocide’ and ‘crimes against humanity’. It all started here.

It is fitting that I find myself at the scene of one of the most famous courtroom dramas in modern times as I embark on the presidency of Canada’s most prominent Jewish law society – a society that was founded to seek justice and to promote the very principles of human rights espoused by the Nuremberg Trials.

As my presidency begins, I am reminded that the principle that “justice must prevail” has been an overarching theme of our Society throughout its 68 years of existence.  During the coming year, I intend to encourage activities – be they dinners or endeavours under the aegis of our Human Rights Committee – that emphasize the rule of law and promote human rights in the spirit of the Nuremberg Principles. As Professor Cotler has written, “The double entendre of Nuremberg — of Nuremberg racism and the Nuremberg Principles — must be part of our learning as it is part of our legacy.”

And no speaker is more connected to the rule of law than a Justice of the Supreme Court!  Fittingly, our season-opening dinner on Wednesday, September 14, 2016 – the Society’s annual Alan B. Gold Advocacy Lecture – will feature “A Conversation with Mr. Justice Michael J. Moldaver of the Supreme Court of Canada”.  Justice Moldaver will be interviewed on stage by noted legal scholar Professor Adam Dodek of the University of Ottawa. I strongly encouraged you to attend. This discussion will be of interest both to Supreme Court aficionados, as well as to those who simply wish to eavesdrop on a fascinating conversation between two engaging jurists. You can register for dinner using the links on the left of this page. Thank you to Davies for their generous sponsorship of the evening.

Also, please mark your calendars for November 3rd. On that date, we will be presenting a prominent speaker from Israel under the theme of “Start-up Nation”. Our dinner will be the culmination of a two-day seminar being organized by McGill University’s Faculty of Law in conjunction with the Consulate General of Israel in Montreal and the Lord Reading Law Society. Stay tuned for further details.

Finally, on a more prosaic note, you should have received the notice to renew your annual membership in the Lord Reading Law Society. I encourage you to pay your membership dues, as we count on those funds to help contribute to the health of the Society, and to support the continuing program of outstanding speakers the Society has established. You can pay your membership online here or alternatively, you may download the membership form here.

I look forward to seeing all of you on September 14th, as we continue the Society’s tradition of hosting engaging speakers at dinners where the unique Lord Reading spirit of camaraderie prevails!

Sincerely,
Larry Markowitz
President

Our Gala Tribute to Irwin Cotler – A Media Roundup

Allen Mendelsohn

Our very special gala tribute to Irwin Cotler on May 25th was an incredible success by any measure. Rather than give you my own amateur journalist thoughts on the evening, I am pleased to be able to refer you to to all the professionals who covered the event.l

CTV News

The National Post

The Canadian Jewish News

The Suburban

The Westmount Independent

The Lord Reading Photo Gallery on Facebook

We encourage you to continue the goodwill of the gala by supporting Irwin’s new organization, the Raoul Wallenberg Center for Human Rights. A very special thank you to all the Lord Reading volunteers who worked tirelessly to ensure the event’s success.

The Society Joins Social Media!

Allen Mendelsohn

The Lord Reading Law Society has come a long way in our communications. I can still recall when our newsletter went out by fax! We are always looking for new ways to reach out to our audience, and becoming active on social media was the logical next step. Special shout out to new President Larry Markowitz for helping to spearhead this new initiative. You can now find us on:

Facebook

Twitter

LinkedIn

We encourage you to like us or follow us or whatever it is the kids call it. Another great way to keep up with all the goings on of the Society. We are also looking for volunteers to help manage the accounts, please email me if you’d like to help out.

The Society Young Bar Cocktail a Smashing Success

Allen Mendelsohn

The Lord Reading Law Society held its annual Young Bar Cocktail on Thursday, June 9, 2016, at Hôtel Le Crystal. The event was a huge success, with record attendance. You can see a photo gallery of the evening on our Facebook page.

Thanks to our Young Bar Committee co-chairs Marissa Lydynia and Andrew Kliger for organizing the event and to sponsor Richter for their ongoing generous support of Lord Reading.

Society Humour

News from the Mishpuchah

Mazel Tov

• To honorary lifetime member of the Society Madam Justice Rosalie Abella, on being conferred an honorary Doctor of Laws from Yale. She is the first Canadian woman and only the fourth Canadian to be so honoured.
• To the following members of the mishpuchah who have reached the milestones honoured by the Barreau for their years of admission: Executive Director Morris Chaikelson celebrating 60 years; and Past Presidents Max Mendelsohn, Ad. E. and L. Michael Blumenstein, and Seymour Luterman, Leonard W. Flanz, Jack R. Miller, Jacob H. Woloshen, Bernard K. Schneider and Simon Richter celebrating 50 years.
• To Society member Danny J. Kaufer on being awarded the distinction of Avocat émérite (Ad. E.) from the Barreau.
• To Society Past President Ian M. Solloway on being awarded the D’Arcy McGee National Assembly Citizenship Medal earlier this summer.
• To Society Board Member Elliot Lifson on being granted an Honorary Life Membership Award from McGill University.

Please Support

• The entire Michelin family is a cherished part of the Lord Reading mishpuchah. Please support Janet Michelin as she rides in the Juritour in memory of her brothers Steve and Rob.

Condolences

• To Society Past President Ted Goloff on the loss of his beloved wife Donna
• To the family of past Society member Teddy Polisuk

Steven Slimovitch, President
Allen Mendelsohn and Larry Markowitz, Editor(s)

Outgoing President’s Message

Steven Slimovitch

Dear Honourable Judges and Colleagues,

Another very successful season slowly approaches its end.

On April 6th, the Dean of the Law Faculty at McGill University, Professor Daniel Jutras, gave us a most educational talk entitled “You too can be a senator! Canada’s new process for Senate appointments”. From his vantage point of federal member of the “Independent Advisory Board for Senate Appointments”, Professor Jutras provided us with an intimate view into the process. You can read more about the talk further down in this newsletter.

What’s next:

We are on the eve of what promises to be one of the most memorable evenings in Lord Reading history. On May 25th, the Annual Human Rights Dinner will feature a tribute to one of the most esteemed jurists in Canada, a cherished member of the mishpuchah, the Honourable Irwin Cotler. 

In addition to celebrating Irwin, we will be using the night as a fund raiser for the Raoul Wallenberg Centre for Human Rights founded and headed by our esteemed honouree.

The evening promises to be a smashing success with the following speakers confirmed: Harvard Law Professor Alan Dershowitz, Canadian Supreme Court Justice Rosalie Abella and Quebec Court of Appeals Justice Nicholas Kasirer. In addition, numerous leaders from the worlds of government, business and, of course, law are expected to be in attendance.

You can register for the evening using the links that can be found to the left of this message. Please note that ticket sales will close on May 18, 2016.

Finally, be sure not to miss the annual Young Bar Cocktail on June 9th. It will be held on the outdoor terrace at La Coupole. This event is being organized by our Young Bar chairs, Marissa Lydynia & Andrew Kliger.

***

As this is the final newsletter of the year, on behalf of the Lord Reading Law Society, I express my deep-felt gratitude to the following three people, who without their unending work for the Society, we would not have been able to function. They are First Vice-President Larry Markowitz, communications chair Allen Mendelsohn, and finally, the “keeper of the list” Lara Malewski. In recognition of their work a contribution has been made in their names.

While I have singled out those three individuals, I also wish to thank all of the Society’s Executive, Board, Past Presidents, and numerous volunteers for their tireless work in keeping the Society functioning smoothly this year. Without everyone’s participation in various capacities, the Society would surely ground to a halt, and I will remain forever grateful to everyone for helping make my tenure a successful one.

Finally, I wish the best of luck for next season to my successor Larry. Having worked so closely with him during the past year, I know the Society will be in good hands under his leadership.

Steven Slimovitch, President

Incoming President’s Message

Larry Markowitz

As the date of my May 25th inauguration approaches, I am truly excited by the opportunities that lie ahead. At the same time, I cannot help but feel a sense of trepidation, as I am being entrusted to helm a venerable community institution with a rich 68-year history. When I look at the list of former presidents of the Society, including some of Montreal’s most prominent jurists, it is humbling to think that my name will be included among theirs.

But before that happens, there is work to be done!

First and foremost, we are planning a series of events that will appeal to our members and the wider legal community. Our season-opening dinner – on Wednesday, September 14, 2016 – will feature Mr. Justice Michael J. Moldaver of the Supreme Court of Canada, who will be interviewed on stage by noted constitutional scholar Professor Adam Dodek of the University of Ottawa. This discussion will be of interest both to Supreme Court aficionados, as well as to those who simply wish to eavesdrop on a fascinating conversation between two engaging jurists.

Thanks to the leadership and wisdom of those who have gone before me, the Society is in top shape.  My role as president will be to continue to advance the goals of our organization. I look forward to working with our incoming board of directors and past presidents on a variety of files, ranging from human rights, to event planning, to ensuring the continued success and relevance of the Society as a new generation of lawyers joins the Bar and, we hope, joins us at Lord Reading. The role of board committees will be expanded to harness the talents of our members for both the good of the Society and society at large.

The Lord Reading Law Society has long served as the collective voice of Jewish jurists in our city and province. We’ve spoken out against discrimination, particularly when access to justice and other fundamental rights were threatened. We will continue to fulfill this role under my presidency, because sadly, our work is never done.

In 2016-2017, I intend to make a special effort to appeal to younger lawyers to get them involved at Lord Reading. In this vein, I would invite the young – and the young at heart – whether members of LRLS or prospective members –  to join us for a complimentary drink – or two – at our Young Bar Cocktail on Thursday, June 9th at 5:30 pm at La Coupole. Join us for a taste of the “Lord Reading spirit” of camaraderie on a (hopefully) sunny downtown terrasse!

Thank you to our generous event sponsor Richter and to our Young Bar Committee co-chairs Marissa Lydynia and Andrew Kliger.

I particularly look forward to working with First Vice-President David Ettedgui over the coming year, and finally, I would like to thank outgoing president Steven Slimovitch for his hard work over the past year. It was a pleasure collaborating with you, Steven!

I hope to see many of you at our May 25th gala dinner. Please stop by and say hello, and share your thoughts for the upcoming season.

Let the adventure begin!

You too can be a Senator!

Larry Markowitz

On April 6, 2016, we were treated to a behind-the-scenes lesson on Canada’s new process for Senate appointments. Better known as the Dean of McGill University’s Faculty of Law, Daniel Jutras graced our podium in his capacity as a Federal Member of the Independent Advisory Board for Senate Appointments. His speech was entitled, “You too can be a senator!”

Dean Jutras was introduced by his wife, the Honourable Justice Manon Savard of the Quebec Court of Appeal, who joked about the cloak and dagger aspect of her husband’s role on the Senate selection committee, which often has him being called to meetings in Ottawa by a mysterious woman named “Huguette”, who refuses to leave messages when she phones the Jutras-Savard home.

Alas, “Huguette” is not the code name of some secret agent, but rather is Huguette Labelle, Chair of the Senate appointment advisory board! And indeed the role of the Senate selection committee requires absolute discretion on the part of its members.

Upon taking the stage, Dean Jutras joked that we were either attending the dinner because we took the speech title literally and wanted a job as a senator, or because we were hoping for an evening of stand-up comedy comprised of Senate-related jokes.

Sample:

Q: What’s the difference between the US Senate and the Canadian Senate?
A: To get into the US Senate, you have to win an election, whereas to get into the Canadian Senate, you have to lose one!

After telling this joke – and several others – Dean Jutras posited that the reason we often make jokes about the Senate is because of our collective ignorance about the role and functioning of the institution.

Anyone who reads a newspaper regularly is familiar with Senator Duffy’s claiming residency at his Prince Edward Island summer cottage while living in Ottawa, but how many Canadians actually know what the Senate is supposed to do?

Dean Jutras set out to lessen our ignorance on the topic, while describing the transformation that is already underway in the “Red Chamber”.

* * *
Some politicians, such as Thomas Mulcair of the New Democratic Party, want to abolish the Senate because its members are unelected. Yet judges in Canada are also appointed and nobody questions the right of the judiciary to participate in the public process. Same goes for the Governor General.

In any event, abolishing the Senate would require a constitutional amendment precipitated by the unanimous consent of all provinces and the House of Commons – not realistic to expect.

The Conservatives under Stephen Harper took the approach of not filling Senate vacancies, figuring the Senate would eventually be bereft of members through attrition. Harper hadn’t appointed a new senator since 2013.

Over the years, there have been all sorts of proposals to change the rules surrounding the Senate. The substance of each such proposal typically varies according to the proposer’s view of what the Senate’s role should be (or if the Senate should even exist altogether). Some believe the Senate should represent minorities. Others believe it should represent the regions. Some want to add new legislative powers to the Senate, so that the Senate would compete with, rather than complement, the House of Commons.

Despite there being numerous and often-conflicting proposals, which one might expect would lead to deadlock, Dean Jutras advised us that the transformation of the Senate is already underway, with the naming of the Independent Advisory Board for Senate Appointments by Prime Minister Justin Trudeau in January 2016. Dean Jutras was one of eight Board members initially named to serve under the leadership of the aforementioned Huguette Labelle, a former top civil servant and, most recently, Chancellor of the University of Ottawa.

The non-partisan Advisory Board works from a list of nominees that is available to the public. The decision process is rapid, so that the Senate is not delayed in pursuing its duties. The Board began its work by focusing on the three provinces with the most Senate vacancies, Quebec, Ontario and Manitoba. Of 284 nominees, they whittled the list down to 25 names that were presented to the prime minister. On March 18, 2016, he chose seven new senators.

The criteria for selection include diversity and equity. The new appointees – four women and three men – included Manitoba’s first aboriginal judge, a Paralympic gold medallist, a former provincial NDP cabinet minister and a journalist.

According to our guest speaker, other than some partisan sniping, there was no serious criticism of the choices and indeed there was little media attention paid to the nominations altogether.

* * *
Process is significant in such matters because process shapes institutions – be it the Senate or other public bodies.

Of course, the approach ultimately chosen for filling vacant Senate seats need not have been the one pursued by the Liberal government.  Other approaches have been suggested, including “Senate by lot”, by which random Canadians would be chosen to sit for one-year terms. That might please those who feel the Senate should represent the fabric of the country. Others would prefer a vote by province or a national vote.

In designing a modern system for Senate appointments, it is important to remember that the Senate is a more “permanent” body than the House of Commons. It therefore operates on a longer time horizon, without regard to the next election. Arguably, senators who are appointed to longer terms than Members of Parliament can take a longer-term perspective when shaping policy and legislation.

In the opinion of our guest speaker, the Senate needs expertise and a capacity to work in a non-partisan manner.

Dean Jutras ended his presentation by posing three broader questions, leaving us with food for thought:

1. How will the Senate nomination process evolve over time? Will there someday be public hearings? If so, will those hearings become adversarial like we see in Washington, DC?

2. What will be the long-term effect of the changing composition of the Senate? If more competent people are named, the Senate will naturally become a more significant player in the legislative process vis-a-vis the House of Commons.

3. Once it becomes more institutionalized, how will the new Senate nomination process eventually affect other nomination processes in government? For instance, will it affect the nominating process for Supreme Court Justices?

With his entertaining and informative speech, delivered from his unique “insider’s” perspective, Dean Jutras brought sobriety to our understanding of Canada’s “Chamber of Sober Second Thought”. To date, no new senators have been appointed from among the ranks of Lord Reading members, but several Senate seats remain vacant, so there’s still time to submit your application …

Lord Reading’s Huge Presence at the Bar of Montreal

Allen Mendelsohn

The Lord Reading Law Society and its members have always been active in the wider legal community, and in the various levels of governance of the legal profession in Québec. With the recent elections for the Bar of Montreal council, the Society is once again very well represented, with numorous members of the mispuchah earning a seat on the council, and in prominent positions. The Society wishes all of the following a hearty mazel tov and best of luck for their tenures:

Brian Mitchell – First Councillor
Michael Bergman – Treasurer
Robin Schiller – Councillor
Ashley Kandestin – Young Bar Representative

Society Humour

News from the Mishpuchah

Mazel Tov

• To recent Society speaker Dean Daniel Jutras on receiving the Mérite 2016 of the Barreau du Québec

Condolences

• To the family of the late Me Caroline Redler
• To the family and congregation of the late Rabbi Ron Aigen of Congregation Dorshei Emet

Steven Slimovitch, President
Allen Mendelsohn and Larry Markowitz, Editor(s)

President’s Message

Steven Slimovitch

Dear Colleagues and Honourable Judges,

On March 17th, our former Bâtonnier, now justice at the Supreme Court, the Honourable Richard Wagner once again delivered a stellar performance.  He had us all at the edge of our seats, and we thank him for a wonderful evening.

What we can look forward to:

On April 6th, we will host another prominent orator, the Dean of the Law Faculty at McGill University, Professor Daniel Jutras, who will surely enlighten the Society with his words of wisdom. His talk is entitled “You too can be a senator! Canada’s new process for Senate appointments”. Professor Jutras is uniquely qualified to speak on this topic, as he was recently named a federal member of the Independent Advisory Board for Senate Appointments by the Honourable Maryam Monsef, Minister of Democratic Institutions.

You can sign up for the dinner using the links at the left of this page. Don’t forget that the early-bird discount expires on April 1st, 2016.

Then, following the Passover break, on May 25th, we have a most special treat in store: Our Annual Human Rights Dinner will feature a tribute to one of the most esteemed jurists in Canada, a cherished member of the mishpacha, the Honourable Irwin Cotler. The night promises to be a smashing success. Confirmed speakers include Harvard Law Professor Alan M. Dershowitz, Canadian Supreme Court Justice Rosalie Abella and Quebec Court of Appeals Justice Nicholas Kasirer. More details about the evening can be found further down in this newsletter.

Finally, be sure not to miss the annual Young Bar Cocktail on June 9.  It will be held on a (hopefully) sunny outdoor terrace.  That event will be organized by Marissa Lydynia & Andrew Kliger.

I look forward to seeing you on April 6th.

Steven Slimovitch, President

From the Bar to the Bench: An Evening with Supreme Court Justice Richard Wagner

David Ettedgui

On March 17th, the Society was treated to an evening of candour, humour and anecdotes as Justice Wagner described his ascension from Montreal construction litigator to Supreme Court justice.

He was introduced by the Chief Justice of Quebec, Justice Nicole Duval-Hesler, a former colleague of Justice Wagner – both at Superior Court and the Court of Appeal. She praised Justice Wagner for his immense contribution to the Court of Appeal and recalled her discussion with Chief Justice of Canada Beverley McLachlin shortly after his nomination wherein Justice Duval-Hesler stated, “Your gain is our loss.”

Prior to being named to the Superior Court, Justice Wagner specialized in construction litigation at Lavery, de Billy. He remarked that career advancement comes in many forms and quipped that he was appointed to the Superior Court only a couple of weeks after making a hole-in-one on the golf course!

Justice Wagner also drew on a few stark differences between the Supreme Court of Canada and that of the United States, namely the robes worn by the justices of the court, and on a more serious note, the climate of Washington D.C. versus that in Ottawa, and the contrasting appointment processes.

Throughout his remarks, Justice Wagner regaled the Society with tales of the “perks” of being a judge at the Supreme Court, such as filling in as the Governor General’s replacement in his absence and knowing he faces no risk that his decisions will be overturned!

Above all, he noted the three pillars that have served as the foundation of his career as a litigator and a judge: Curiosity, Creativity and Integrity.

He explained that curiosity pushes the law into new areas, drives lawyers to discover all facets of the file and helps judges delve into areas of the law they never experienced as practitioners. Although our practice too often rewards us for maintaining the status quo, creativity helps us stay relevant and solve new societal problems as they arise.

Finally, acting with integrity, honour and moral fortitude helps craft a “fairer and more just society for all Canadians.”

Justice Wagner’s entertaining and informative presentation left each of us at Lord Reading a bit more curious and creative, and reinforced our pride as jurists who contribute to making Canada a just society.

A Very Special Evening – The Annual Human Rights Lecture with Irwin Cotler

We are excited to announce that The Lord Reading Law Society’s Annual Human Rights Lecture, held on Wednesday, May 25, 2016, will pay tribute to The Honourable Irwin Cotler, PC, OC, former Minister of Justice and Attorney General of Canada, longtime Member of Parliament for Mount Royal, longtime professor of law at McGill University and human rights champion of worldwide renown. 

We are pleased to announce that Madam Justice Rosalie Abella of the Supreme Court of Canada, Mr. Justice Nicholas Kasirer of the Quebec Court of Appeal and Professor Alan M. Dershowitz of Harvard University will be speaking in tribute to Minister Cotler. Society Past Presidents Casper Bloom and Ted Goloff are co-chairs of the event and Past President Raphael Schachter will act as master of ceremonies.

A portion of the evening’s proceeds will be donated by the Society to the Raoul Wallenberg Centre for Human Rights, a new human rights organization helmed by Minister Cotler.

Registration for the evening will open online on the Lord Reading website following next week’s dinner-meeting featuring Dean Jutras. For those who normally wait until the last minute to sign up for Society dinners, might we suggest that you change your habit this one time, as the event is expected to sell out quickly. Please note that for this special occasion there will be no early bird discounts.

Finally, there are unique sponsorship opportunities for the evening, and the opportunity to purchase a table for your firm or other group. Your support will help the important work of the Raoul Wallenberg Centre for Human Rights. If you would like to participate as a sponsor for the evening or reserve a table, please contact our event coordinator Angela Lehrer Vineberg at cotlergala@lordreading.org.

A Lifetime Achievement Award for a Society Past President

Allen Mendelsohn

On March 22nd, a veritable who’s who of the Montreal legal community gathered to pay tribute to Society Past President Me Casper M. Bloom, Q.C., Ad.E. Me Bloom was honoured by the English-Speaking Section of the Bar of Montreal with its Lifetime Achievement Award, for his extensive and unique contribution to the legal profession. This award is presented from time to time to a worthy recipient who, throughout their career, has demonstrated excellence in the profession, outstanding leadership in and service to the legal profession and has contributed to the enhancement of the image of the profession.

A most deserving winner, Me Bloom was lauded by colleagues, including his long-time partner at Ogilvy Renault (now Norton Rose Fulbright) John Coleman, who regaled the crowd with a series of amusing and heartwarming anecdotes about Me Bloom. With accomplishments too numerous to mention here, luminaries including former Prime Ministers of Canada sent letters of congratulations which were read aloud. Visibly moved, Me Bloom graciously accepted his award from the President of the Section – and LRLS Past President – Ian M. Solloway.

Me Bloom’s remarks were poignant and heartfelt. He highlighted the work he undertook to lead the two decades effort to properly translate the Civil Code of Québec, with some amusing examples of some of the worst translations in the original 1994 text. He then took the opportunity to remind the crowd of the importance of proper English versions of Québec laws (for example of the new Code of Civil Procedure, where there is still much work to be done) and of judgments of the Québec Court of Appeal, so that they might find the wider audience they deserve.

Ian Solloway presents the Bar of Montreal English-Speaking Section’s Lifetime Achievement Award to Casper Bloom

The Society congratulates Me Bloom on his award. You can read the official letter of  congratulations from President Steven Slimovitch here.

Society Humour – Special Passover Edition

A British Jew is waiting in line to be knighted by the Queen. He is to kneel in front of her and recite a sentence in Latin when she taps him on the shoulders with her sword.

However, when his turn comes, he panics in the excitement of the moment and forgets the Latin.  Then, thinking fast, he recites the only other sentence he knows in a foreign language, which he remembers from the Passover seder:

“Ma nishtana ha layla ha zeh mi kol ha laylot.”

Puzzled, Her Majesty turns to her advisor and whispers, “Why is this knight different from all other knights?”

News from the Mishpuchah

Mazel Tov

• To Society President Ian M.Solloway on being re-elected to an 8th consecutive term as Chair of the English-Speaking Section of the Bar of Montreal at the Annual General Meeting of the Section held on March 22nd

Condolences

• To Society members Lynn Casgrain and Julius Grey on the loss of their mother and mother-in-law

Steven Slimovitch, President
Allen Mendelsohn and Larry Markowitz, Editor(s)

President’s Message

Steven Slimovitch

Dear Colleagues and Honourable Judges,

Summer, summer, here we come. Well, perhaps not exactly, but at least we have our annual Young Bar Cocktail to look forward to!  It will be held on a (hopefully) sunny outdoor terrasse on June 9th.  That event will be organized by Marissa Lydynia & Andrew Kliger.

But way before that culmination of our season, we can look forward to several grand events, beginning with our March 17th dinner, when once again, one of the “Supremes” will honour us with their presence: This time it will be the former Bâtonnier of the Barreau de Montréal, Mr. Justice Richard Wagner, making his first visit to Lord Reading. The links to register and pay online can be found to the left of this message on this page. Don’t forget that the early-bird discount expires on March 13, 2016.

On April 6th, we will host another prominent orator, the Dean of the Law Faculty at McGill University, Professor Daniel Jutras, who will surely enlighten the Society with his words of wisdom. His talk is entitled “You too can be a senator! Canada’s new process for Senate appointments”. Professor Jutras is uniquely qualified to speak on this topic, as he was recently named a federal member of the Independent Advisory Board for Senate Appointments by the Honourable Maryam Monsef, Minister of Democratic Institutions.

Then, following the Passover break, on May 25th, we have a most special treat in store. Our Annual Human Rights Dinner will feature a tribute to one of the most esteemed jurists in Canada, a cherished member of the mishpacha, the Honourable Irwin Cotler. The organization of the evening is in the able hands of two of our Past Presidents, Casper Bloom and Ted Goloff, and, of course, their committee.  The night promises to be a smashing success. Confirmed speakers include Harvard Law Professor Alan Dershowitz, Canadian Supreme Court Justice Rosalie Abella and Quebec Court of Appeals Justice Nicholas Kasirer.

I look forward to seeing you on March 17th.

Steven Slimovitch, President

The Evolution of Television and Broadcasting Law in the Internet Age

Larry Markowitz

On January 28th, the Lord Reading Law Society held the 2016 edition of its annual Student Dinner. Many new and future lawyers were in attendance, demonstrating that a new generation is poised to become active in the Society.

Our topic for the evening was “The Evolution of the Law of Television and Broadcasting in the Internet Age”, which was covered with authority and humour by Blakes partner and McGill Law Faculty lecturer Sunny Handa.

Me Handa was introduced with aplomb  by Society Communications Director Allen Mendelsohn, who described Me Handa as a “giant in his field”, while stating that he “owes his career” to Me Handa (Sunny supervised Allen’s Masters’ thesis).

Me Handa took the audience on a whirlwind tour of modern Communications Law, which differs from Technology Law. Communications Law is comprised of three pillars: Telecommunications, Radio-communications, and Broadcasting.

Telecom law deals with one-to-one communications, such as telephony and the transfer of data.

Radio-communication laws regulate the use of the wireless spectrum – be it cell phones, walkie-talkies or any other device that interferes with the wireless spectrum, including surprisingly, microwave ovens.

Broadcasting refers to one-to-many communication, including television and radio, and is regulated principally by the Broadcasting Act. The Copyright Act, the Competition Act and even the Criminal Code also touch on broadcasting.

Basically, if you send a “program” to the public, you fall within the definition of Broadcasting. But what is a “program”? Basically, it’s when you transmit sounds with visuals to the public. If you send an email, that is not considered a program. Neither, for that matter, is a Tweet.

Broadcasting is overseen by two regulatory agencies: the Canadian Radio-television and Telecommunications Commission (CRTC) and Industry Canada. In Canada, one needs a license to be a broadcaster. There is a public hearing before the CRTC and there are Canadian ownership and control requirements. A percentage of revenues must be contributed to a Canadian production fund. There are also Canadian-content rules, “which explains all the Nova Scotia fiddlers on prime time TV”, as our guest speaker put it!

Technically, foreign networks, such as CNN, are not supposed to broadcast north of the border. However, they are able to fall within a “gap-filler” loophole, which dictates that when Canadians are not being offered similar content, a foreign broadcaster may “fill the gap”. Other foreign broadcasters, such as MTV and HBO, license their name and “look” to Canadian broadcasters that broadcast similar shows, but with the requisite amount of Canadian content thrown into the mix (eg MTV Canada, HBO Canada).

Because most Canadians live near the US border, we long ago grew accustomed to picking up US TV signals on our set-top antennae. Eventually, our cable companies captured those same signals and sold them to us. American broadcasters were not compensated for this appropriation of their intellectual property, which made them unhappy. Finally, when the US-Canada Free Trade Agreement was negotiated in the late 1980’s, this problem was addressed. Now, Canadian cable companies pay a tariff into a fund from which US copyright holders are compensated for the American TV shows we watch north of the border.

Of course, as with all technology, something new and “shinier” came along. Now many of us consume our US television via the web-based Netflix and similar on-demand Internet video streaming services. Fortunately for Netflix, they benefit from a temporary 1999 CRTC decision, which has since been renewed several times, that exempts Internet content from the regulator’s purview.

Because the current under-30 generation is less likely to subscribe to cable, we could see the CRTC becoming less and less relevant over time, as the application of this so-called “new media exemption” (dating from 17 years ago!) finds wider application.

An interesting effect of the trend toward consuming programs “on demand” is that ratings for regular broadcast television are dropping, with no end in sight. However, the one type of content that cannot be consumed “on demand” – whenever one feels like it – is live sports. If you don’t watch the game while it is being played, you’ll soon learn the result and will be unlikely to want to watch a replay. Thus, while the consumption of regular broadcast TV has been dropping, the value of live sports programming is rising, with the best illustration being Rogers’ recent purchase of 12 years of broadcast rights to all NHL games, including the Stanley Cup Playoffs, for a whopping $5.2 billion.

Hopefully another trend that will result from reduced consumption of broadcast television will be increased attendance at live community events, such as Lord Reading Law Society dinners! And if our informative, entertaining and well-attended Student Dinner was any indication, this trend bodes well for the Society’s future!

*****
Prior to Me Handa’s speech, LRLS president Steven Slimovitch presented the Society’s academic student prizes to deserving winners from several law faculties, as described in the next story in this newsletter.

Lord Reading Awards its Student Prizes

Allen Mendelsohn

(left to right) Student award winners Manal Bensafi from Université de Sherbrooke and Lex Gill from McGill University

On the occasion of our Annual Student Dinner, the Society was delighted to present its student prizes to deserving students from several of Quebec’s leading law faculties. The students are awarded cash prizes for outstanding academic performance.  Manal Bensafi of the Université de Sherbrooke won for the highest standing in the Legal English courses offered at that law faculty, while Lex Gill of McGill took home her prize for the highest standing overall in first year law.

Sébastian Fernandez of Université de Montréal was unable to attend the evening, but soon thereafter was sent his prize for highest standing in Constitutional Law.

The Society congratulates the deserving winners, and wishes them all the best in their future legal careers.

Save the Dates!

Allen Mendelsohn

The Society has a wonderful schedule of events for the remainder of the season and beyond, and you should mark these dates in your calendar!

April 6 – a dinner-meeting featuring Dean Daniel Jutras of McGill’s Faculty of Law, whose talk is entitled “You too can be a senator! Canada’s new process for Senate appointments”. Dean Jutras will provide unique insight into Canada’s new Senate appointment process, with comparisons to other formal governmental nomination processes, including appointments to the Supreme Court of Canada and the U.S. Supreme Court. Professor Daniel Jutras is Dean of Law and Full Professor in the Faculty of Law at McGill, where he holds the Wainwright Chair in Civil Law. In January 2016, Dean Jutras was named a federal member of the Independent Advisory Board for Senate Appointments.

May 25 – the Annual Human Rights Lecture, a special tribute evening to The Honourable Irwin Cotler. A distinguished panel of jurists including Harvard Law Professor Alan Dershowitz, Canadian Supreme Court Justice Rosalie Abella and Quebec Court of Appeals Justice Nicholas Kasirer, will help pay tribute.

June 9 – the Society’s annual Young Bar Cocktail, always a favourite Lord Reading event for both the young and young at heart.

September 14 – An Evening with The Honourable Justice Michael J. Moldaver of the Supreme Court of Canada to be moderated by Professor Adam Dodek of the University of Ottawa Faculty of Law.

Annual General Meeting of the English-Speaking Section of the Bar of Montreal

Ian M. Solloway

Dear Colleagues,

Please note that the Annual General Meeting of the English-Speaking Section of the Bar of Montreal will be held on Tuesday, March 22nd, 2016 at 4:30 pm at the Saint-James Club, 1145 Union Avenue, Montreal. At the meeting, we will be nominating three (3) members to fill the positions of Councillor, Treasurer and First Councillor on the Montreal Bar Council for 2016-2017.

As you may know, in 2013, the English-Speaking Section established its “Lifetime Achievement Award” to be presented from time to time to a worthy recipient who, throughout their career, has demonstrated excellence in the profession, outstanding leadership in and service to the legal profession and has contributed to the enhancement of the image of the profession. I am honoured to announce that the recipient of the Section’s Lifetime Achievement Award this year is one of our Bar’s most distinguished members, Me Casper M. Bloom, Q.C., Ad.E. The English-Speaking Section will be honouring Me Bloom with our Lifetime Achievement Award at the meeting on March 22nd. The business part of the meeting will take place between 4:30 – 5:15 pm, to be followed by the Award presentation at about 5:30 pm.

A cocktail sponsored by the Bar of Montreal and co-sponsored by Norton Rose Fulbright, with contributions by the Barreau du Québec; Bergman& Associates; Borden Ladner Gervais; Davies Ward Phillips & Vineberg; Irving Mitchell Kalichman; Lapointe Rosenstein Marchand Melançon; Lavery; McCarthy Tétrault; Mitchell Gatusso; Osler Hoskin & Harcourt; Robinson Sheppard Shapiro; Stikeman Elliot; and The Lord Reading Law Society, will follow the meeting.

Please confirm your attendance at (514) 906-1701 #251 or by e-mail to ims@sollaw.ca.

The English-Speaking Section of the Bar of Montreal has continued to make great strides this past year in increasing its profile/visibility and activities. Please support your Section and make every effort to attend on March 22nd, which promises to be a memorable occasion both for our Section and for the Montreal Bar.

I look forward to greeting you at that time.

Ian M. Solloway
Chair
English-Speaking Section
Bar of Montreal

The Society Mourns the Loss of a Past President

Allen Mendelsohn and Larry Markowitz

The Lord Reading Law Society offers its sincere condolences to the family of Leo Rosentzveig, Q.C., who passed away peacefully in his 96th year. Leo served as President of the Society during the 1974-75 season.

In the early 1950’s, Leo, along with Society Past President Manny Shacter and Samuel “Bosty” Mendelsohn, founded the law firm that shared their name, and which lives on today as McMillan LLP.

Leo was a leader by example, a mentor to many, an indefatigable defender of his clients’ interests and a respected adversary. He will be remembered fondly by all who knew and worked with him, and by all of us at Lord Reading, where he served so graciously.

Society Humour

News from the Mishpuchah

Mazel Tov

• To Society Board member and Young Bar liaison Andrew Kliger and his wife Michelle on the birth of their son. And to Society member Leonard Kliger on the birth of his grandson.
• To Society member Jason Caron and his wife Judy on the birth of their son.

 

Steven Slimovitch, President
Allen Mendelsohn, Larry Markowitz, and Ashley Kandestin, Editor(s)

President’s Message

Steven Slimovitch

Dear Colleagues and Honourable Judges,

The holidays have come to an end and it is back to the grindstone for all. I wish you a very Happy New Year.

As most people have thought for a long time now, the Society is at the leading edge of modern-day technology – what other reason could there be for Me Sunny Handa to deliver our next lecture entitled “The Evolution of the Law of Television and Broadcasting in the Internet Age” on Thursday, January 28th. That evening’s event will be our annual Student Dinner, when we host stagiaires and law students, and present the Society’s academic student prizes to the deserving winners. The award winners, as well as representatives from each of the law schools will be present at the dinner lecture.

You can download the dinner invitation or reserve and pay online using the links to the left of this message. Don’t forget that the early bird discount expires on January 23rd. I strongly encourage you to come out for the evening, not just for an interesting speaker and topic, but to warmly welcome the young students and stagiaires who form the future of the Society.

Looking farther down the calendar: On March 17th, 2016, once again one of the “Supremes” will honour us with their presence. With his first speaking engagement at the LRLS, the former Bâtonnier of the Barreau de Montréal, Mr. Justice Richard Wagner will be our guest.

On April 6, 2016, we will host another prominent speaker, with the Dean of the Law Faculty at McGill University, Prof. Daniel Jutras, Ad.E., who will enlighten the Society with his words of wisdom.

Following Spring break, Purim and (let’s not forget) Passover, we resume our season with the annual Young Bar Cocktail wonderfully organized as it has been for a number of years now, by Marissa Lydynia & Andrew Kliger.

Then, on May 25th, we have a most special treat in store.  The Annual Human Rights Dinner will be a tribute to one of the most esteemed jurists in Canada, a cherished member of the mishpacha, the Honourable Irwin Cotler.  The organization of the evening is in the able hands of some of our Past Presidents, Casper Bloom and Ted Goloff and of course their hard-working committee.  The night promises to be a smashing success.

Sincerely,

Steven Slimovitch, President

The Supreme Court of Israel within the Jewish and Democratic State

Larry Markowitz

On November 24, 2015, the Lord Reading Law Society had the privilege of hosting the Deputy President of the Supreme Court of Israel, Mr. Justice Elyakim Rubinstein, who delivered the 2015 Henry Steinberg Memorial Lecture. His address was entitled “The Supreme Court of Israel within the Jewish and Democratic State: Historic and Current Reflections”.

In addition to the second-highest-ranking judge in Israel, the Shaar’s Victor Hall was packed with dignitaries and other notables, prompting Society president Steven Slimovitch to liken the evening to the Lord Reading version of the Oscars!

Justice Elyakim Rubinstein was accompanied by a delegation that included, among others, Israel’s ambassador to Canada Rafael Barak and Consul General of Israel to Montreal Ziv Nevo-Kulman, as well as former Israeli Ambassador to the United Kingdom Daniel Taub and several other members of the Israeli diplomatic corps. Other VIPs in the room included former Supreme Court of Canada Justice Morris Fish and newly elected Member of Parliament Professor David Lametti.

Opening remarks were delivered by Ambassador Barak and by Eric Maldoff, chairman of the Quebec division of the Centre for Israel and Jewish Affairs (CIJA).

The LRLS dinner followed a day-long seminar on international legal issues surrounding Israel that was held at the Gelber Centre and presented jointly by Lord Reading, the Israeli embassy and consulate, and CIJA.

Mr. Justice Rubinstein was introduced by former Minister of Justice and Attorney General of Canada – and longtime Society member – the Honourable Irwin Cotler. In a heartfelt tribute to his longtime friend, Mr. Cotler described our guest speaker’s lifetime devotion to human rights and described Justice Rubinstein as being “haimische“.

In his talk, Mr. Justice Rubinstein outlined the unique role of the Supreme Court of Israel, particularly in light of current challenges, including threats from fundamentalist Islam – both from abroad in the form of ISIS and closer to home in the form of Hamas and Hezbollah, along with belligerence from Iran.

It is a challenge for democracies, such as Israel – not to mention France following the Paris attacks of 2015, and indeed all other open and democratic countries – to cope with terrorism. Maintaining a balance between security needs and human rights is a constant struggle. As former Israeli Chief Justice Aharon Barak once said, “A democracy must fight terrorism with one hand tied behind its back”.

Justice Rubinstein evoked two important lessons of the Holocaust::

1. Need for a sovereign Jewish state with open doors. A refuge for the Jews is needed so as to prevent the recurrence of a situation like the infamous MS Saint Louis episode, when the eponymous ship carrying Jewish refugees from Germany in 1939 was denied entry to multiple foreign ports, with the passengers ultimately being sent back to Europe, in many cases to their deaths.

2. Human rights must be maintained. In the Holocaust, Jews were treated like “scum”. No people should ever be treated as such again. The challenge is to balance human rights with security needs.

These two lessons are the essence of Israel’s Basic Law, which provides that Israel is both a Jewish and a democratic state. It is easier to define “Democratic” than “Jewish”.

After expounding upon his own history within Israel, Justice Rubinstein described his current role at the “Bagatz” (Hebrew acronym for the Supreme Court of Israel – Beit Mishpat Gavoah LeTzedek), Justice Rubinstein described the unique challenges in running a court that handles 9,000 cases per year, as both the highest appeals court in the land and the court of first instance for numerous categories of “grudges” of the People against the Israeli government. (By comparison, the nine justices of the Canadian Supreme Court handle a mere 80 or so cases per year).

The Israeli Supreme Court has 15 judges, of whom four are women (including the president of the Court) and one is an Arab. They deal with all sorts of issues, ranging from equality between men and women, to equality between Jews and Arabs, to government allocations of land (e.g. routing of the West Bank separation barrier), to who can call themself a “rabbi”,  to who is a Jew,  to what steps Israel may take to defend itself against terrorism.

The topic of the Deputy Chief Justice’s talk to the Lord Reading Law Society was clearly a serious one, but his speech was not without moments of levity – be they the Justice’s humourous anecdotes, such as his opening line, “As Henry the Eighth said to each of his six wives, ‘I won’t keep you too long’ “, as well as some unexpected audience interaction when, at one point, Justice Rubinstein coughed and was spontaneously handed glasses of water by four audience members, including a retired judge!

Justice Rubinstein was thanked for his informative presentation by Society member Professor Karen Eltis of the University of Ottawa, who worked for Justice Rubinstein when he was Israel’s Attorney General.

Editor’s note – Justice Rubinstein’s visit to Montreal led to significant media coverage of interest – particularly in La Presse and the Canadian Jewish News.

CLE from the Bar of Montreal – English Course on New Code de déontologie

Allen Mendelsohn and Ian M. Solloway

On February 4th at 16h00, the Bar of Montreal is pleased to present Me Greg Moore, discussing your obligations under the new Code de déontologie. In attending this activity, you will satisfy your obligation to complete mandatory training on the Code of Professional Conduct of Lawyers required for all Barreau du Québec members.

Details and registration can be found at the Bar of Montreal’s website.

AEJD and Hillel Annual Shabbat Dinner

Allen Mendelsohn and Andrew Kliger

The AEJD (Association des étudiants juifs en droit) of the Université de Montréal, in conjunction with Hillel, is pleased to invite all Lord Reading members and friends to their annual Shabbat Dinner on January 29th at the Spanish and Portuguese Synagogue. The featured speaker this year is Me Claude-Armand Sheppard of Robinson Sheppard Shapiro, who will be discussing his role as lawyer for Dr. Henry Morgentaler.

You can register online and more information can be found on the event Facebook page.

Save the Dates

Allen Mendelsohn

We ‘d like to remind you about the dates and events for the rest of the season:

• March 17 – The Hon. Mister Justice Richard Wagner, Supreme Court of Canada
• April 6 – Daniel Jutras, Ad.E., Dean of the Faculty of Law of McGill University
• May 25 – the Annual Human Rights Dinner, a special tribute to Irwin Cotler featuring Alan Dershowitz, The Hon. Madam Justice Rosalie Abella, SCC, and The Hon. Nicholas Kasirer of the Court of Appeal

Society Humour

News from the Mishpuchah

Mazel Tov

• To Board Member Doree Levine and her husband Aubry Tager on the birth of their son
• To Society member Julus Grey on being named one of the 40 human rights “lauréats” on the occasion of the 40th anniversary of the Quebec Charter
• To Society member Jeffrey Dalfen on his engagement

Condolences

• To the family of Laddie Schnaiberg, Q.C.