President’s Message

Inna Nekhim

Dear Honourable Judges, Colleagues, and Friends of The Society,

Our season started off in spectacular fashion with a once in a lifetime gala celebration of the Society’s 70^th anniversary. The Gala was a resounding success and will be fondly remembered by all who attended. If you have not yet seen the full film produced by the Society for this occasion, I encourage you to view it on our website here; it is a wonderful tribute to the Lord Reading Law Society and the people who have led it throughout the years. Our Gala was such a success due to the tireless efforts of our volunteers and I want to thank them all once again, from the bottom of my heart.

Despite a late start to our season due to the timing of the Jewish holidays this year, we have managed to maintain a very full schedule, having held our first Members-only CLE breakfast on November 20, 2018 at the offices of Lapointe Rosenstein Marchand Melançon on the very current topic of New Cannabis Legislation – What You Need to Know. The breakfast was sold out in minutes and was standing room-only on the morning of the talk. Thank you to our host firm LRMM and presenters Me Alexa Rahal and Me Stephanie Marcotte for a thoughtful and informative presentation on the newest legislation which has far-reaching effects on so many areas of law. You can read more about the breakfast further below in this newsletter.

Our next event of the fall season, our upcoming dinner on December 6, 2018, will feature Me Arielle Meloul-Wechsler, Air Canada’s Senior Vice President, People and Culture; she is responsible for overall leadership for human resources, labour relations, communications, and culture change initiatives across the company. A member of the executive team since September 2013, she was previously Senior Director and then Vice-President, Human Resources. Prior to that, she was Assistant General Counsel where her practice areas included corporate financings, reorganizations, and M&A transactions. We look forward to welcoming Me Meloul-Wechsler  and learning about the inner workings of one of Canada’s most iconic companies with her talk A Lawyer’s View from the Sky.

Thank you to our sponsor, Kugler Kandestin for their generous support of this evening. You can register online here.

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On another, note, you have already received the notice to renew your annual membership in the Society or to sign up for the first time. I encourage you to pay your membership dues, as we count on those funds to help contribute to the health of the Society, to support the continuing program of outstanding speakers the Society has established, and to allow the Society to pursue the worthy causes with which the Society has engaged. Membership offers significant discounts for dinner-meetings, and exclusive access to the great members-only CLE events which we have planned. We’d love to have you as a member!

You can pay your membership online here or alternatively, you may download the membership form here.

I look forward to seeing you at our next dinner on December 6^th and at our other events throughout the rest of the 2018-19 season.

Happy Hanukkah!

Sincerely,

Inna Nekhim, President

The Lord Reading Law Society

Our 70th Anniversary Gala, featuring The Rt. Hon. Beverley McLachlin

Larry Markowitz

On October 24, 2018, the Lord Reading Law Society celebrated its 70th anniversary and conferred an honourary lifetime membership on Canada’s former Chief Justice The Right Honourable Beverley McLachlin, P.C. C.C.

In addition to receiving this honour, Madam Justice McLachlin addressed an overflow crowd comprised of more than 400 of Quebec’s leading jurists. Her speech was entitled “Living with Diversity.”

To celebrate our 70th anniversary, we unveiled a commemorative video featuring many of our past presidents, produced by the Society’s Archives Committee under the able leadership of Ashley Kandestin and Neil Hazan. Canadian Prime Minister Justin Trudeau also delivered greetings by video.  These and other commemorative videos may be viewed on our website here.

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The Lord Reading Law Society has evolved from its founding in reaction to the exclusion of Jewish lawyers from a bar association convention, to what it has become today – an inclusive organization that fights for the human rights of all, while organizing gala dinners that attract a cross-section of Quebec jurists from all backgrounds to hear prominent speakers from the worlds of law, business and politics.

Once dinner was served and a sufficient amount of “schmoozing” had taken place, Society President Inna Nekhim presented Chief Justice McLachlin with an ‎honorary lifetime membership in our association.

Our guest speaker and honouree was introduced by her former Supreme Court colleague, and longtime Society member, The Honourable Morris J. Fish, C.C., Q.C.

Chief Justice McLachlin has been awarded an amazing 36 honorary doctorates, began Justice Fish‎ (who has received several of his own!). Throughout her career on the bench, Chief Justice McLachlin demonstrated a passion for access to justice.

From her appointment to the County Court of Vancouver in 1981, our guest speaker rose quickly through the ranks until being appointed to the Supreme Court of Canada in 1989.

“Justice McLachlin rose from the County Court to the Supreme Court faster than most of my cases.”

 — President of the British Columbia Law Society (1989)

The Right Honourable Beverley McLachlin, P.C. C.C. served as the 17th Chief Justice of Canada from 2000 to 2017, was the first woman to hold that position and was the longest serving Chief Justice in Canadian history.

A true Renaissance woman, not only is‎ Justice McLachlin an accomplished jurist, but she has also published a cookbook and a novel, in addition to being a talented pianist.

On a more personal note, Justice Fish, who was a colleague of the Chief Justice on the highest court for ‎some 10 years, expressed his “everlasting memory of the heart” for her sense of accommodation to others.

After Justice Fish’s warm introduction, Justice McLachlin stood at the podium and expressed her appreciation for the Lord Reading Law Society.

“It’s great to see so many gathered here who live human rights. Joining the Society as a lifetime member is like joining a precious family”

From the thousands of cases over which she presided, the Chief Justice learned that diversity and human rights are two sides of the same coin.

Diversity is our reality – particularly in Canada, but even on a more basic level, there are always differences between people. Men are different than women; we come from different cultures and we practise different religions. ‎That said, at the end of the day, we are all human beings.

As her predecessor Chief Justice Antonio Lamer wrote of the reconciliation project between Indigenous and non-Indigenous Canadians, “Let’s face it, we are all here to stay.” Justice McLachlin continued:

“We have two options. The first is to reject the reality of diversity and adopt policies of exclusion. The second is to accept the reality of diversity and work together in a spirit of respect, to create space for all. The Lord Reading Law Society, from its inception, has stood firmly for the second option.”

The law states that discrimination on the basis of immutable characteristics is evil. The innate dignity of each of us must be respected. Living with diversity means living under the rule of law and human rights.

The 70th anniversary of the Lord Reading Law Society is significant because it commemorates what the Society has done to strengthen human rights in Canada ‎and to fight discrimination in all its forms.

Seventy years ago, the Second World War had just ended. Millions of lives had been lost due to gratuitous killings based on deemed differences. Why had it happened? And how could we ensure it would never happen again?

Much of the world resolved that human rights would henceforth be respected and that disputes ‎would be settled by law. International institutions like the International Court of Justice were established. Closer to home, the provinces started to pass human rights codes.

Unfortunately, discrimination did not disappear in one fell swoop. Incidents like the 1948 ‎Quebec bar association meeting being held in a “restricted” hotel still occurred – all the more ironic because it was members of that same legal profession who were then drafting the texts of human rights codes!

The resulting founding of the Lord ‎Reading Law Society illustrates the old adage that “Good can sometimes come from bad”.

The 1982 passage of the Canadian Charter of Rights and Freedoms remains one of Canada’s proudest achievements. Our guest speaker was fortunate to have been a witness to, and indeed a key player in, Canadian human rights law, as her career on the bench tracked the arc of the Charter.

Canada is now admired around the world for its protection of human rights.

We cannot be complacent, though. Nowadays, the harsh wind of “swift solutions” and less regard for rights is blowing in Eastern Europe and elsewhere. In countries like Venezuela and turkey, judges are imprisoned languish in prison without having been subject to a fair and independent judicial complaints process.

Even in the United States, we see a process for choosing Supreme Court Justices that politicizes the Court and lessens its credibility as an independent body, and a President who undermines respect for the judiciary by calling judges who rule against his orders “so-called judges”.

We must guard against a return to instinctive tribalism. Our guest speaker reminded us that maintaining human rights is never‎ a “fait accompli“. Even after 70 years, the work of the Lord Reading Law Society is not done.

“Thank you for the work you have done in the furtherance of human rights; and may it continue into the future”.

As Society Past President Ian Solloway pointed out in thanking our guest speaker, her message is one of bridge-building; not constructing walls.

A full set of photos from the Gala can be found on our Facebook page

In addition, the Gala received extensive coverage in Le Monde Juridique. You can read the edition on their website. 

Save the dates!

We have some tremendous events planned for the rest of the season, so save these dates!

January 31, 2019 – Our Annual Student Dinner featuring the Honourable Suzanne Côté of the Supreme Court of Canada

March 13, 2019 – The Henry Steinberg Memorial Lecture with the Rt. Hon. Brian Mulroney, 18th Prime Minister of Canada

May 2, 2019 – The Alan B. Gold Advocacy Lecture featuring Senator Marc Gold

Registration for these events will open in the weeks leading up to those dates, keep an eye on your email for more information.

Members-only CLE breakfast: New Cannabis Legislation – What you need to know

Larry Markowitz

On November 20, 2018 at Lord Reading’s fifth-ever members-only CLE breakfast, attorneys Alexa Rahal and Stéphanie Marcotte of Lapointe Rosenstein Marchand Melançon delivered a fascinating lecture on Canada’s new cannabis legislation. Their talk was entitled “New Cannabis Legislation – What you need to know” and was generously hosted in the main boardroom at their firm in Place Ville-Marie.

Since the Society’s founding in 1948, attendees at Lord Reading events have become familiar with acronyms like the CCQ and the SCC, but The times, they are a changin’ … and so now we are also learning about CBD and THC (which stand for cannabidiol and tetrahydrocannabinol, two natural compounds found in plants of the Cannabis genus, for those of you who weren’t fortunate ‎enough to attend this CLE breakfast!)

After a tasty breakfast of bagels and other baked goods (we know what you’re thinking… but alas, there were no funny ingredients in those baked goods: “Edibles” are not yet legal in Canada!), Maître Rahal and Maître Marcotte provided the packed boardroom with a comprehensive overview of federal and provincial cannabis legislation, along with recommended changes to our clients’ business practices.

The legalization of cannabis on October 17, 2018 is having – and will continue to have – repercussions in many areas of law, including real estate law, marketing law, and employment and labour law.

In many respects, cannabis smoking is now regulated in the same way as tobacco smoking. For instance, one cannot smoke cannabis in many outdoor areas (e.g., within 9 metres of the entrance to an office building). However, some municipalities have gone further in prohibiting or limiting the use of cannabis within their borders.

While federal law allows up to four cannabis plants to be grown at home, Quebec law is more restrictive and forbids the home growing of cannabis plants altogether.

Real Estate Law

Residential landlords have three months from the October 17^th legalization date to insert a prohibition against cannabis use into their leases. Similarly, co-owners in condominium buildings may wish to amend their declaration of co-ownership to prohibit cannabis use in common areas or even throughout the entire building.

Labour Law

Employers may wish to impose a zero tolerance policy on cannabis use by their employees, given that cannabis is no longer an “illegal substance” subject to a general prohibition under workplace rules.

That said, such a zero tolerance policy cannot be used as a pretext for conducting random screening tests of employees, as this would likely infringe upon their fundamental right to privacy.

Advertising

The advertising and branding of cannabis is strictly prohibited, in order to minimize the appeal of the substance to youth, among other policy reasons.

Incisive questions from the attentive Lord Reading audience led to discussion of potential court challenges. For instance, prior to legalization, the sale and use of cannabis was prohibited, but selling a T-shirt bearing the cartoon image of a marijuana leaf was perfectly legal. Strangely, the situation is now reversed – with cannabis use now being legal and cannabis branding being prohibited!

Don’t be surprised to see the prohibition against ‎depictions of marijuana leaves on t-shirts being challenged in court one of these days: The government’s logic is that prohibiting cartoon characters glorifying cannabis will prevent marketing efforts targeting youth. The other side of the argument is that freedom of expression should permit the printing of cartoonish depictions of marijuana leaves on T-shirts.

Does the cannabis marketing prohibition constitute a reasonable limitation on the fundamental right of freedom of expression? Stay tuned…

Indeed, The Times, They are A-changin’!

A selection of photos from the breakfast can be found on our Facebook page

Society Humour

News from the Mispauchah

Mazel Tov

• To the Society’s newest lifetime member The Rt. Hon. Beverley McLachlin, on being honoured by the American College of Trial Lawyers with their creation of the Beverley McLachlin Access to Justice Award. You can read details of the honour at the ACTL’s website

Condolences

• To Past President David Stolow on the loss of his father Mervin
• To Society Membership Chair Hershie Frankel on the loss of his grandson Adam
• To Society Board member David Franklin on the loss of his brother Martin

President’s Message

Inna Nekhim

Dear Honourable Judges, Colleagues, and Friends of The Society,

It is a very special honour and pleasure to head the Lord Reading Law Society for this most memorable 70th anniversary year.

The success of our Society lies in its ability to embrace its past, all the while evolving with the times and adapting to the needs of the present and the future. As with years past, I will continue to build on the excellent work of my predecessors, upholding our Society’s stellar standing and reputation in the legal community and, its popularity among members and non-members alike, while working towards future success.

Since becoming your President last May, I have been busily preparing our year ahead and have been privileged from the very beginning to have the support and encouragement of the Society’s Board members and numerous volunteers, whose wealth of knowledge and enthusiasm never cease to amaze me.

With the Jewish Holidays taking up most of the month of September, we had to delay the start of our season until October 24, 2018, the day we will celebrate the 70th anniversary of the founding of the Lord Reading Law Society. This evening will be a time to honour our Society, its members and supporters and recognize the Society’s impact upon the legal community of our city, our province and beyond. Our immediate past President, David Ettedgui, has maintained a high bar for our Society’s leadership and his dedication to the Society will be on display one more time as he chairs the 70th Anniversary Gala.

To highlight and celebrate this milestone of the Society, we will have the honour of welcoming The Right Honourable Justice Beverley McLachlin, former Chief Justice of the Supreme Court of Canada to our dinner. Her talk will cover the highly relevant and timely topic of “Living with Diversity”. Madam Chief Justice McLachlin will discuss the unique challenges of dealing with diversity in our everyday lives and will provide her thoughts on the issues she encountered while serving on the bench that currently face all Canadians.  As part of the recognition of Chief Justice McLachlin’s friendship and support of the Society, we will be presenting her with an honorary lifetime membership. You can register online here.

On another, note, you have already received the notice to renew your annual membership in the Society. I encourage you to pay your membership dues, as we count on those funds to help contribute to the health of the Society, to support the continuing program of outstanding speakers the Society has established, and to allow the Society to pursue the worthy causes with which the Society has engaged. You can pay your membership online here or alternatively, you may download the membership form here.

I look forward to seeing you at our Gala on October 24th and at all our other exciting events throughout the 2018-19 season.

I hope you have all had a good start to the Jewish New Year and I wish you continued health and success.  Shana Tova!

Sincerely,

Inna Nekhim, President

The Lord Reading Law Society

Human Rights: Unique Perspectives of an Arab Justice on Israel’s Supreme Court

Larry Markowitz

On May 15, 2018, on the occasion of our annual Human Rights Lecture, the Lord Reading Law Society was pleased to welcome ‎special guest speaker The Honourable Salim Joubran‎, recently retired Vice-President of the Supreme Court of Israel – and its first-ever Arab justice.

This was also the third annual dinner event that Lord Reading has presented with the support of the Consul General of Israel in Montreal.

Before a packed house that included the Chief Justice of the Quebec Court of Appeal, the Chief Justice of the Superior Court of Quebec and the Bâtonniers of Quebec and Montreal, among other luminaries from the legal community, Justice Joubran described his pride in being Israeli, while describing his upbringing – and indeed his current life – as a Christian Arab residing in Haifa, surrounded by neighbours of the three major monotheistic faiths, living in an atmosphere of mutual respect.

“Not only do we live together; we enjoy living together!”

As an example, his grandchildren attend mixed Jewish-Arab schools. The underlying message of the anecdotes recounted by Justice Joubran was that when people of different backgrounds meet and get to know one another, peaceful coexistence is possible.

That said, our guest speaker also expressed critiques ‎of certain situations in Israel, such as when majorities have attempted to deny rights to minorities. He also criticized Israeli politicians who have attempted to challenge the Supreme Court’s independence.

On many occasions while on the bench, Justice Joubran found himself in the minority on judgments of the Court – especially in cases where the rights of the Arab minority were in play. That said, he suggested that attitudes are slowly shifting in respect of minority rights (perhaps because of our guest speaker’s influence?).

After he retired, our guest speaker was replaced by another Christian Arab judge. Justice Joubran hopes one day to also see‎ Muslim Israelis on the country’s Supreme Court (there are already Muslim judges ‎on the country’s lower courts). He is also proud that 60 percent of all judges in Israel are women.

The overall feeling imparted by Justice Joubran was one of hope – a hope that people of different faiths and backgrounds can co-exist, as they do in Justice Joubran’s life.

A full set of photos from the evening can be found on our Facebook page

Save the dates!

We have some great events planned for the rest of 2018, so save these dates!

November 20 – members only CLE breakfast (7:30 AM) – “New Cannabis Legislation – What you need to know” with Me Alexa Rahal of  Lapointe Rosenstein Marchand Melançon

December 6 – Dinner-meeting featuring Me Arielle Meloul-Wechsler, Senior Vice President, People, Culture and Communications at Air Canada, and her talk “Lawyer’s view from the sky”

Registration for these events will open in the near future, keep an eye on your email for more information.

Please Renew Your Membership

If you want to attend that CLE breakfast mentioned in the previous story, you’ll have to be a member! Membership grants you access to exclusive members-only events like the one on November 20th, and significant discounts on all our dinner-meetings. Don’t miss out! You can become a member online here or alternatively, you may download the membership form here. Membership has its privileges!

The Society Mourns a Past President

Allen Mendelsohn

On September 25, the legal profession and Jewish community lost a true giant, as Morton Bessner passed away. Morton was President of Lord Reading during the 1983-84 season.

While building a very successful career as a commercial lawyer, Morty was a tireless volunteer and leader for a wide range off Jewish community organizations. He was the President of Centennial Lodge of B’nai Brith and of Herzl Health Centre, a Chairman of the Young Leadership Development Committee of Combined Jewish Appeal and of the Metropolitan Division of Combined Jewish Appeal, and an Honorary Legal Counsel to Congregation Beth-El. He served as Chairman of Québec Region of Canadian Jewish Congress, Counselor of the Barreau de Montréal, and, for many years, Chairman of the March to Jerusalem and President of its sponsoring organization, the Jewish Cultural Association.

He will be dearly missed by all his friends and colleagues at the Society. We extend our deepest heartfelt sympathies to Morty’s wife Mildred Kolodny, and the entire Bessner family.

A Memorial for Justice Stober

The Society was deeply saddened to learn of the recent passing of The Hon. Michael Stober, J.C.S. Justice Stober was a dear friend to the Society, a longtime member and a one-time guest speaker. He was a friendly, warm and charming presence at most Society events. We will miss him dearly.

You are invited to attend a special séance of the Superior Court of Quebec on October 25, 2018 at 16h30 in room 5.15, to honour the memory of Judge Stober.

The Society extends its deepest heartfelt sympathies to his wife Audrey Sherman and the entire Stober family.

Celebrating Barreau Milestones

We are delighted to honour the following members of our community who have reached these incredible milestones at the Barreau du Québec and were honoured at the recent rentrée judiciaire. Mazel Tov everyone!

Celebrating their 60th Anniversary of Admission to the Barreau:

• Me Harold E. Ashenmil, c.r.

Celebrating their 50th Anniversary of Admission to the Barreau:

• Me Martin Aaron Aster
• Me Ezra Beinhaker
• The Honourable Irwin Cotler, O.C., O.Q.
• Me Michael L. Garonce
• Me David C. Gavsie
• Me Victor H. Glazer
• Me Melvin S. Kronish
• Me Peter Robert Lack
• Me Harold C. Lehrer
• Me Paul Nadler
• Me Douglas Pascal
• Me Raphael H. Schachter, c.r., Ad. E.
• Me Norton H. Segal, c.r.
• The Honourable Joël Avery Silcoff
• Me Joseph Silver
• Me Arthur H. Steckler
• Me Myer Stern

Events of Interest

• The Society’s sister organization in Ottawa, the Bora Laskin Law Society, is pleased to invite you to their next event, a reception featuring the keynote speaker Alan H. Kessel, Assistant Deputy Minister of Legal Affairs at Global Affairs Canada. His talk on November 7th at 7 PM is entitled “Canada in International Law: At the Inflection Point.” More details can be found at the Bora Laskin Law Society website.

Society Humour

News from the Mispauchah

Mazel Tov

• To Society Past President Casper Bloom on being presented Québec’s Prix de la justice award by Justice Minister Stéphanie Vallée for “his contribution to improved access to justice for the English-speaking community and his involvement in promoting the rights of cultural and linguistic minorities in Québec and Canada”
• To Society Board member Judge Morton S. Minc on being named a Member of the Order of Canada
• To Society member Sylvain Lussier on being named a Justice of the Superior Court
• To Society Board member Matthew Pekofsky and his wife Jenny on the birth of their son
• To Society Past President Ian M. Solloway and Louise Linetsky-Solloway on the birth of their granddaughter, Cloe Solloway, born August 23, 2018, daughter of Bryan Solloway and Audrey Fernandez
• To Society Board member Justice Carol Cohen on the wedding of her son
• To Society Past President Raphaël Schachter on the birth of his grandson

Condolences

• To Past President Ted Goloff on the loss of his sister-in-law Lana

President’s Message

David Ettedgui

Dear Colleagues, Honourable Judges, and Friends of the Society,

The past year was a busy one for the Society as we held at least one event per month from September through May. I am truly delighted for all that we have accomplished this season. A brief recap is in order.

My term began with our annual Alan B. Gold Advocacy Lecture, where we were privileged to have Richard W. Pound, C.C., O.Q., Q.C., Ad. E, FCA, former vice-president of the International Olympic Committee and founding Chairman of the World Anti-Doping Agency as our guest speaker. Me Pound's speech was entitled “Doping: Parallel legal universes and a challenge of Olympic proportions.”

On October 25th, the Lord Reading Law Society hosted a gala evening featuring the Honourable Rosalie Abella of the Supreme Court of Canada and the Honorable Stephen Breyer of the United States Supreme Court in a discussion moderated by Canada’s former justice minister, the Honourable Irwin Cotler.

In a captivating exchange, our esteemed panellists discussed their roles as justices on the highest court of their respective countries, while contrasting the Canadian and US approaches to freedom of speech and other human rights topics. This gala dinner was attended by some 500 people, including luminaries from Montreal’s legal, academic, political and diplomatic communities. A truly memorable and historic evening for the Society!

On November 22nd,  we held our annual Young Bar Hockey Night, where law students and younger members enjoyed a drink and networked while ostensibly watching the Habs on TV.

On December 5th, the Lord Reading Law Society held its first Members-only CLE Breakfast of the season in the 26th floor main boardroom of Davies Ward Phillips & Vineberg LLP.We were pleased to welcome special guest speakers Rhonda Rudick and Reuben Abitbol, tax lawyers at Davies, who spoke on “The Impact on Professionals of Tax Reform Proposals Regarding Private Corporations”. Following a tasty breakfast, the audience listened intently as Me Rudick and Me Abitbol examined the potential impacts of the federal government’s new tax proposals on private corporations, income sprinkling and the taxation of professionals’ work in process.

On January 24th, the Lord Reading podium was graced by three of the most successful women in Quebec's legal community. The evening began with the presentation of the second annual Prix du Ministre de la justice du Québec – Association de droit Lord Reading by Québec Justice Minister Stéphanie Vallée followed by Osler’s managing partner Sandra Abitan's interview of Loto-Québec CEO Lyne Roiter on stage. Throughout this "fireside chat" Me  Roiter displayed humility as she ‎recounted her journey to the top of our province’s lottery and gaming crown corporation – as the first woman, first Jew, first Anglophone and first lawyer to reach this prestigious post.

On February 22nd, the Lord Reading Law Society held its second Members-only CLE Breakfast of the season at the offices of Lapointe Rosenstein Marchand Melançon. We were pleased to welcome special guest speaker Marissa Carnevale, lawyer at LRMM, who spoke on “Facebook and Twitter and Instagram, Oh My! – Social Media Law in Business”. The audience was enthralled as Me Carnevale gave a wonderful talk on the legal implications when social media and business mix.

On March 15th, on the occasion of the annual Justice Henry Steinberg Memorial Lecture, we were honoured to welcome the 29th Premier of Quebec, the Honourable Jean Charest, PC. His captivating talk was entitled, “Canada and the Challenge of Maintaining a Rules-based International Order”.

On April 18th, our first-ever young members-only CLE lunch was sold out! The event was held at the offices of De Grandpré Chait where we welcomed real estate experts Mes Ashley Kandestin and Jacqueline Stein who told the enraptured and well-fed crowd about the important changes to Quebec's “Taxe de Bienvenue”. Photos of the event are on Facebook. We look forward to adding this very successful new event to our annual schedule.

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This brings us to our Annual Human Rights Lecture and final dinner of the season, which will take place on Tuesday, May 15th. On this occasion, the Society is pleased to welcome The Honourable Salim Joubran, recently retired justice of the Supreme Court of Israel, the first Arab to hold the position. Justice Joubran's talk is entitled "Human Rights: Unique Perspectives of an Arab Justice on Israel's Supreme Court".

I would like to thank our sponsors RSS, Kalman Samuels, The Consulate General of Israel in Montreal and The Embassy of Israel in Canada for their generous support of the evening.

An early registration discount will be available for Society members who register by Thursday, May 10th. You can register by using the links at the left of this page. We also have our special student discount price of $36; email info@lordreading.org for more information.

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Given the above-listed activities and lineup of first class speakers, it’s no wonder that this year’s events set attendance records and the head table at our dinners was regularly graced by leading judges, lawyers, politicians, bar association leaders and academics, further solidifying Lord Reading’s prominent place in the Montreal legal landscape.

This prominent role was well displayed in the nation’s capital. Indeed, on March 29th, both the House of Commons and the Senate paid tribute to the Lord Reading Law Society on the occasion of its 70th anniversary. I had the privilege, along with incoming president Inna Nekhim and past president Larry Markowitz, of representing the Society on Parliament Hill.

A special thank you to MP Anthony Housefather and Senator Marc Gold for their most eloquent tributes to our Society, which are available at thse links:

House of Commons video of Anthony Housefather on Facebook

Text of remarks in the House of Commons

Audio of Senator Gold's remarks

Text of Senator Gold's remarks

You can read more about this exciting day further in the newsletter.

The Society will also be honoured by the provincial government. On May 10th, none other than the Justice Minister of Quebec, The Hon. Stéphanie Vallée, will rise in the National Assembly to pay tribute to Lord Reading’s contribution to the cause of justice in Quebec for the last seven decades. I look forward to representing the Society in the Blue Chamber.

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It has been an honour to serve as your President and I could not have done it without the dedication and support of the Society’s Board, Executive, Past Presidents, committee members and volunteers. While there are way too many to mention personally, certain individuals deserve special recognition. Lara Malewski and Allen Mendelsohn, as they do every year, work tirelessly to ensure all our events and day to day activities run smoothly. I am also extremely indebted to immediate past president Larry Markowitz, whose tremendous work on expanding the Society’s reach I hope I have built on, and who has been a trusted confidant throughout my mandate.

The Society's next President will be Inna Nekhim and she will be inaugurated on May 15th. I am confident that under Inna’s leadership the Society is in good hands. I will have the distinct privilege of chairing Inna’s first dinner of the year, which will be most memorable as we will award an Honorary Life Membership to the former Chief Justice of Canada, the Rt. Hon. Beverley McLachlin. We look forward to another historic evening at the Society.

May the Society continue to go from strength to strength!

I hope to see you all on May 15th!

Sincerely,

David Ettedgui
President, 2017-2018

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Jean Charest: “Canada and the Challenge of Maintaining a Rules-based International Order”

Larry Markowitz

On March 15, 2018, on the occasion of our annual Justice Henry Steinberg Memorial Lecture, the Lord Reading Law Society was pleased to welcome as its guest speaker the 29th premier of Quebec, the Honourable Jean Charest.

Before a packed house, including members of Justice Henry Steinberg’s family (his namesake grandson among them), former premier Charest shared his views on the ‎current state of geopolitics in the world and Canada's place within it. His captivating talk was entitled, “Canada and the Challenge of Maintaining a Rules-based International Order”.

Always the engaging speaker, Mr. Charest prefaced his observations with entertaining tales from his early days as a lawyer – and prior: It seems he was initially attracted to Law by watching Perry Mason at the family home in Sherbrooke. Each week, the lead character would defend the proverbial 'widows and orphans’ in a jury trial, and “Maître” Mason would always end up on the winning side!

After graduating from the Université de Sherbrooke law faculty, Mr. Charest pursued his own version of a "Perry Mason"-esque career, practising criminal defence law for legal aid clients. In doing so, Mr. Charest discovered a new world where not everyone was as fortunate as he was and where people sometimes lacked even basic literacy skills.

Besides defending his clients’ rights under the then newly-minted Canadian Charter ‎of Rights and Freedoms, Mr. Charest became a “social worker” of sorts, trying to improve the lives of his clients. In one humourous anecdote, Mr. Charest recounted how, unbeknownst to his wife, he had allowed a client (who had been accused of stealing a safe – "On ne l'a pas trouvé encore !") to sleep on the Charest family's living room sofa, leading to a very surprised wife the next morning!

Eventually, Mr. Charest realized that ‎the best way to combine his "social worker" tendencies and the law was to become a politician.

The next 28 years, as we all know, saw Mr. Charest rise to the position ‎of deputy prime minister of Canada under his tutelage of his mentor, Brian Mulroney. In 1995, he co-led the winning "No" forces in the 1995 sovereignty referendum, followed by a leap to Quebec politics, eventually serving as premier at the head of three consecutive Liberal governments from 2003 to 2012. As premier, Mr. Charest pushed for trade negotiations between Canada and the European Union, which eventually resulted in the Canada-EU Comprehensive Economic and Trade Agreement (CETA). Mr. Charest is now a partner at McCarthy Tétrault, where he provides strategic advice to clients on business issues around the world.

“I never thought Trump would win”

Our guest speaker then proceeded to share with us his views – with the provisos (always the lawyer!) that‎ "I never though Trump would win" and "I predicted a 55-45 anti-Brexit vote".

Current global trends addressed by Mr. Charest included rising populism, rising nationalism and rising authoritarianism. Meanwhile, there’s an emerging middle class in Asia and extreme poverty is being significantly reduced around the globe. Mr. Charest also addressed trends in immigration, ranging from refugees to economic migration to "aspirational migration". 

In today’s world, political discourse has become polarized: left vs. right; capitalist vs. working class; pro-trade vs. anti-trade. Class consciousness is exploited by nationalist politicians.  Mass movements of populations lead to unease in some corners of the population. That unease is exploited by nationalist leaders.

"The problem with nationalism is it's hard to put the toothpaste back in the tube"

In the shadow of increasing inequality between rich and poor, many view immigration as a zero-sum game – the belief that "if an immigrant is advancing, it must be at my expense".

Cultivating nationalism has become a short-cut to power for many politicians internationally. Leaders in countries like Japan, China, India and Russia ‎harken back to a long-ago time when their countries led great empires or exhibited other forms of perceived “greatness”.  Nationalism is often combined with populism, as we have seen in recent elections in Hungary, Poland, the Czech Republic and now Italy‎.

"The country that gets immigration right will have the edge"

Mr. Charest also discussed the phenomenon of “aspirational immigration”, where highly-educated mobile professionals move to new places to take advantage of economic opportunities. Places like Québec – with its aging slow-growing population – are ‎in need of skilled labour. This was one of the reasons that Mr. Charest signed labour mobility agreements with France when he was premier.

Mr. Charest contrasted the current US administration's approach to international affairs ("competition between nations") to that of Canada, which seeks to play a leadership role in a rules-based international order. ‎The United States is the world's most powerful country and doesn't necessarily feel it needs a rules-based international order.

Ominously, Mr. Charest observed that it's beginning to look like we will be living in a multi-polar world, with the USA, China and Russia as competing superpowers.

“Politics will be replaced by imagery. The politician will only be too happy to abdicate in favor of his image because the image will be much more powerful than he could ever be.” – Marshall McLuhan

The 1972 words of media theorist Marshall McLuhan – "politics will be replaced by imagery” – ‎are coming true in this age of social media. While the realization of McLuhan’s prediction is "concerning", Mr. Charest did offer words of optimism: “If we decide it will be otherwise, it will happen".

Our leaders need to take the high road. As the former premier would tell his political colleagues, “When you speak in public, say what you think, but don't say everything that runs through your head – especially if you speak on behalf of others.”

Canada has an important role to play in defending a rules-based world order. That said, we cannot be complacent. After all, we've had our moments: In 2014, the Parti Québécois attempted to institute its Charter of "Values" and in the 2015 federal election campaign, the Harper Conservatives flirted with identity politics. Canadians instinctively stayed away, but we must remain vigilant. Hopefully Canadian voters will again rebuff any future ‎attempts to benefit electorally from such divisiveness.

"If citizenship were a lottery, we (Canadians) won first prize"

We should be thankful to be Canadian. ‎We should cherish this gift. Indeed, we have a responsibility to enhance what it means to be Canadian, and to pass along our good fortune to future generations.

Jean Charest left us all feeling a bit more appreciative of how fortunate we are to live in this great country. And this time, he didn’t have to wave his passport from behind the podium to prove his point!

You can relive the event through a set of wonderful photos on our Facebook page

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Lord Reading is Honoured in Canada’s Parliament

Larry Markowitz

Immediate Past President Larry Markowitz, Senator Marc Gold, President David Ettedgui and 1st VP Inna Nekhim at the Senate

This year marks the 70th anniversary of the Lord Reading Law Society’s founding in 1948. While the circumstances surrounding the practice of law by Jewish members of the Bar have changed for the better since then, our raison d’être still applies: We continue to fight for human rights and in defense of minorities, while organizing top-flight academic and social programs for our members and guests, featuring prominent speakers from the judiciary, the bar and the worlds of politics and business.

On the occasion of this milestone, Lord Reading will celebrate, and be celebrated, in a number of ways.

This ‘season of tributes’ commenced March 29th on Parliament Hill, where the Society was represented by President David Ettedgui, First Vice-President Inna Nekhim and Immediate Past President (and yours truly) Larry Markowitz.

Our day began in the House of Commons, where Mount Royal MP Anthony Housefather asked his fellow Members of Parliament to “help […] honour this terrific organization”, before wishing us “continued success in [our] efforts to promote the equality and rights of all within the legal community and Quebec society at large”.

That afternoon, each of the Society’s three representatives was formally welcomed by name to the Senate Chamber by the Honourable George J. Furey, Q.C., Speaker of the Senate.

Subsequently, Senator Marc Gold paid tribute to the Society in an eloquent and heartfelt speech in which he made reference to his own family connection to the Society (our annual Alan B. Gold Advocacy Lecture is named for the Senator’s late father, former chief justice of the Superior Court of Quebec).

Senator Gold stated:

In fighting for the interests of its members and in defending the rights of all minorities, the Lord Reading Law Society is true to the highest ideals of the Jewish tradition, for as the famous sage asked more than 20 centuries ago:

If I am not for myself, who will be for me? But if I am only for myself, who am I? If not now, when?

Senator Gold concluded his remarks by congratulating the Lord Reading Law Society “on 70 years of effective and constructive leadership”. All senators then offered a lengthy round of applause in celebration of Lord Reading’s landmark anniversary.

Stay tuned as our 70th anniversary continues to be celebrated in various ways, and in various venues, over the coming months.

As Senator Gold wished for us: “May [the Society] continue to go from strength to strength”!

 

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Young Bar Cocktail – Save the date!

Allen Mendelsohn

May 30th, 2018! The young Bar Cocktail will be a treat this year! Details coming soon…

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Society Humour

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News from the Mispauchah

Mazel Tov

• To past Society Human Rights Honoree Hillel Neuer who will receive a Doctor of Laws, honoris causa at McGill's upcoming convocation
• To Society Board member The Hon. Morton Minc who will be recognized on May 17th by Mayor Valerie Plante with the honour of Officer of the Order of Montreal, for "having contributed in a remarkable way to the city’s development and reputation"
• To Society Board member Frank Schlesinger on the birth of his granddaughter

Condolences

• To Society Board member Doree Levine on the loss of her grandfather Louis

President’s Message

David Ettedgui

Dear Colleagues, Honourable Judges, and Friends of the Society,

The first half of 2018 is shaping up to be one of the busiest times in the Society’s history, with events literally every month. After a very successful Students Dinner in January, February brought our second members-only CLE breakfast of the season, a standing room-only event enjoyed by all who attended. You can read more about those events further below in this newsletter.

April will bring the first-ever Young Bar members CLE lunch, and in May our season is sure to finish strongly with the Annual Human Rights Dinner, at which we are delighted to welcome The Honourable Salim Joubran, the first Arab to receive a permanent appointment to the Israeli Supreme Court.

Our next event is sure to be a memorable one. On the occasion of the annual Justice Henry Steinberg Memorial Lecture on March 15th, we are pleased to welcome – as our keynote speaker – the 29th Premier of Quebec, the Honourable Jean Charest, PC.

In addition to being a successful lawyer and politician, Mr. Charest is a charismatic orator and his lecture promises to be captivating. I invite you to register using the links at the left of this page. An early registration discount is available for Society members who register by Thursday, March 8th. If you are a student and want to attend, please email info@lordreading.org to get a special discount!

I thank our dinner sponsors BCF, ZSA Legal Recruitment, Hatley Strategies and Phillips Friedman Kotler for their generous support of the evening.

I look forward to welcoming you on March 15th!

Sincerely,

David Ettedgui
President

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Loto-Québec: The view from the top

Larry Markowitz

Loto-Québec CEO Lynne Roiter. All the great pictures from the event can be found on our Facebook page.

Attending this dinner didn’t change us, except …

On January 24, 2018, the Lord Reading podium was graced by three of the most successful women in Québec's legal community.

The evening began with the presentation of the second annual Prix du Ministre de la justice du Québec – Association de droit Lord Reading by Québec Justice Minister Stéphanie Vallée. The deserving winners were Allen Mendelsohn, who won the Access to Justice Award, and Evara David, winner of the scholarship for the law student who best promotes and advances the objects of the Society and the mission of the Ministère de la Justice.

Immediately afterwards, Osler’s managing partner (and Lord Reading member) Sandra Abitan interviewed Loto-Québec CEO Lyne Roiter on-stage. Throughout this "fireside chat" (without the fireplace), Mtre.  Roiter displayed humility ("Many of you have had more distinguished careers than I have") as she ‎recounted her journey to the top of our province’s lottery and gaming crown corporation – as the first woman, first Jew, first Anglophone and first lawyer to reach this prestigious post.

Mtre. Roiter was born in Québec City, where her father ‎was Bâtonnier – the first (and only) Anglophone and the first (and only) Jew to ever hold that position. Despite having to deal with some anti-Semitism along the way, Mtre. Roiter's father – and by extension her whole family – was generally well-integrated into the mainstream of Québec City life.

After beginning her legal career in her father's law firm, ‎Mtre. Roiter moved in-house to the Régie de l’assurance automobile du Québec. This was at the time when no-fault accident insurance was being introduced in our province, offering Mtre. Roiter the opportunity to play a key role in establishing the legal framework for automobile insurance at a seminal moment in Québec’s legal history.

One early experience of hers involved negotiating the first inter-provincial agreement on automobile insurance with Ontario. Mtre. Roiter also recounted the time she accompanied then-premier René Lévesque to speak to the governors of the northeastern United States on the topic of automobile insurance.

Soon after joining Loto-Québec in 1985, Mtre. Roiter moved from Québec City to Montreal, where she was struck by the divisions she observed between linguistic groups – divisions that did not exist in the smaller (and less diverse) provincial capital. Fortunately these divisions are less pronounced nowadays, remarked Mtre. Roiter‎.

Despite working at the same company for more than 30 years, her role has evolved, as has Loto-Québec, ensuring that she has consistently been exposed to new challenges and experiences.

In her early days at Loto Québec, one of her first career-enhancing challenges was when she was called upon to defend the right of Loto-Québec to conduct sports betting using results of National Hockey League games.

Mtre. Roiter credited various mentors who had a positive influence on her career, such as one of her predecessors as CEO of Loto-Québec. On the topic of mentorship, she advised us that, if you are well prepared‎ and know your facts solidly, you will rise to the next level and will attract champions from within your organization.

She also discussed the important role played by in-house lawyers. For one thing, they are typically more involved in the genesis of company strategy. They cannot just throw up legal roadblocks. Instead, they have to find alternate ways to achieve the desired result within the applicable legal framework.

In her interview questions, Mtre. Abitan asked how a woman CEO's leadership style differs from that of a man. Mtre. Roiter advanced the idea that as a woman, she is more apt to listen and to seek to understand different points of view. But then, as would any manager, she needs to be pragmatic and take a decision – often in collaboration with the "great team” working under her, but still, as leader, the decision is hers to make at the end of the day. Now that she is CEO, "the buck stops" with her! Mtre. Roiter has enjoyed – and continues to enjoy – much success at the helm of this iconic Quebecois institution.

The two successful women on-stage, to whose conversation we were privileged to listen, served as truly inspiring role models for the many law students and young lawyers who were in the audience for this, our annual Students' Dinner.

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Thank you to the Society!

Allen Mendelsohn

(l to r.) Québec Justice Minister Stéphanie Vallée, your humbled author, and Society President David Ettedgui

As you may have just read in Larry’s story above, on January 24th, I was honoured to receive the Prix du Ministre de la justice – Lord Reading Access to Justice Award. I am hijacking this newsletter (the editor tried to stop me but was unsuccessful) in order to thank Stéphanie Vallée, the jury who selected me, and whoever it was who nominated me in the first place.

The award was truly a surprise; this is clearly evident by the state of my hair in the picture above. All credit to the jury and anyone else involved – as Communications Director, I know everything going on in the Society. That they (and anyone else who knew) were able to keep that secret is a credit to them.

I am truly proud and humbled that I was chosen as the winner. I don’t do volunteer work for the recognition, but receiving that recognition is extraordinarily gratifying. I am especially proud that the award shines a light on the wonderful and tireless work done by the Mile End Legal Clinic; I only play a small role in helping that organization truly make a difference in access to justice in this city. I am also truly pleased and humbled to follow in the footsteps of the inaugural winner last year, Anne Soden, who does incredible and truly meaningful work. 

I sincerely thank all of you for bestowing this honour on me. It’s an honour I am still not sure I deserve, but I will do my best to uphold the values the award represents.

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Thank you to the Society, Part 2!

Evara David

Dear Friends,

I wish to extend my gratitude to the Lord Reading Society and the Ministre de la justice du Québec for awarding me with the annual student Prix du Ministre de la justice du Québec – Association de droit Lord Reading and for the generous scholarship.

The Lord Reading Society has played a pivotal role in my life as a law student and I look forward to many more years of involvement. The sense of community and belonging as well as mentorship that I gained through meeting so many wonderful and intelligent people was invaluable. I am honoured to be part of this warm and welcoming community.

Sincerely,

Evara David

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CLE Breakfast – Facebook and Twitter and Instagram, Oh My!

Allen Mendelsohn

The crowd abuzz in atnicipation. And caffeine! The full set of photos can be found on our Facebook page

Lawyers can sometimes feel lost in the world of social media. But they can’t be, as their clients are using it every day, and there are a wide range of legal implications. Fortunately, the Society came to the rescue!

On February 22nd, the Society held its second members-only CLE breakfast of the season. We were fortunate to have Me Marissa Carnevale of Lapointe Rosenstein Marchand Melançon give us an in-depth examination of the legal issues surrounding social media. Me Carnevale was thoughtful, entertaining and informative in equal measures throughout her presentation.

A wonderful explanatory video of social media’s importance opened Me Carnevale’s presentation. She described social media as “the new radio”, and that is certainly true given its centrality in modern life. Social media works on trust and recommendations from friends, which certainly has an impact on businesses.

Me Carnevale ran through a number of legal issues related to social media. The contracts formed with users and the value of personal information were key elements from the social media companies’ perspective. Me Carnevale examined the legal implications of running contests on social media, and told some important horror stories of such contents, as well as hacked data and user-generated content. She also delved into advertising law and language law, and how they applied in the social media context. It was a tremendously thorough rundown of the subject matter – all in about an hour!

A very lively question period followed the presentation. The attendees were indeed curious about the subject matter and had all sorts of questions, and Me Carnevale was gracious in answering all of them.

The Society thanks Lapointe Rosenstein Marchand Melançon for their hospitality in hosting this very successful event. These CLE breakfasts, implemented only last year, are fast becoming highlights of the Society’s programming for their important legal information on hot legal topics… and bagels.

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Events and announcements of interest

Allen Mendelsohn

The Society is pleased to let you know about various events and other announcements which may be of interest to our members and friends.

• On April 29 at 5:30 PM, Canadian Associates of Ben-Gurion University of the Negev is pleased to present An Eveing with Bill Browder, well-known advocate and crusader for the Magnitsky Law, which imposes visa sanctions and freezes assets of those involved in human rights abuses. Proceeds from the event are earmarked to a Graduate Fellowship in Human Rights at BGU. The event has been approved by the Barrreau for CLE. The event is at the Shaar Hashomayim, and you can find more details on Facebook;
• The Ministère de la Justice of Quebec would like the Society's members and friends to be aware of the functions of the Secrétariat à la sélection des candidats à la fonction de juge. As you know, one of the missions of the Society is to encourage greater representation from among our membership on the Bench. Please click on the banner below to find out more!

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Society Humour

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News from the Mishpacha

Condolences

• To Society Board members Ronald Stein and Roanne Bratz on the loss of their father and father-in-law Boris Stein.

President’s Message

David Ettedgui

Dear Colleagues, Honourable Judges, and Friends of the Society,

Happy New Year!

I hope that 2018 will be a year of good health, joy and prosperity.

Our next lecture will take place on January 24th, 2018 and we are pleased to welcome Mtre. Lynne Roiter, President and CEO of Loto-Québec. Mtre. Roiter, the first woman to hold the post, will be interviewed on stage by Mtre. Sandra Abitan, Managing Partner of Osler's Montreal office.

This evening is our Annual Students Dinner when we host stagiaires and bar students, and present The Lord Reading Law Society's academic prizes to the deserving winners. The award winners, as well as representatives from each of the law faculties, will be present at the dinner lecture and we look forward to welcoming them.

The Justice Minister of Quebec, Stéphanie Vallée, will also address the audience and present the second annual Justice Minister’s Lord Reading Law Society prizes to a deserving lawyer and a deserving law student.

I would like to thank our dinner sponsor Mitchell Gattuso for their generous support.

You can register using the links at the left of this page. If you are a student or stagiaire find out about the special prices (in some cases free!) and special registration on our Facebook page. 

Please join me at the Student Dinner to welcome the students and stagiaires. I look forward to seeing you!

Sincerely,

David Ettedgui
President

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Supreme Views: U.S. and Canadian Perspectives

Larry Markowitz

(for more photos from the memorable evening, please visit our Facebook page)

October 25, 2017‎ will go down in the annals of the Lord Reading Law Society as one of its most memorable evenings. On this historic occasion, our stage was graced by not one, but two Supreme Court justices – and from the highest court of not one, but two countries! And to top it off, our honourable guests' “fireside chat” was moderated by a world famous human rights advocate (and Canada’s former justice minister).

Justices Rosalie Abella and Stephen G. Breyer were joined on stage by the Honourable Irwin Cotler for a freewheeling and occasionally contentious, but always friendly, discussion highlighting the differences between the Canadian and American systems of justice. Kept in rapt attention throughout was an audience of 500 that included so many prominent jurists, diplomats and business people that Justice Abella was led to joke that “495 of them [were] seated at the head table!”

Topics covered in the 80-minute discussion included an overview of current challenges faced by the two nations' respective Supreme Courts, the differing approaches of Canada and the United States to freedom of speech and the appointment of judges, and the influence of foreign law on Supreme Court decisions, as well as insider views on partisanship (or the lack thereof) within each country's group of nine Supreme Court justices.

Although the evening proceeded mainly in English, our speakers occasionally switched to French, including notably our American panelist, Justice Breyer, who demonstrated an impressive fluency in the language of Molière.

Following an introduction by dinner chair and Society past president Ian M. Solloway, our moderator Professor Cotler opened up the proceedings by remarking that his friend (and 2016 Lord Reading guest speaker) Alan Dershowitz had, one week earlier, described Justices Abella and Breyer as "two of the most outstanding jurists in the world today".  We knew we were in for a treat!

Current Challenges
In this era of "black swans", when unpredictable events, rising populism‎ and identity politics have combined to make the role of judge ever more difficult, our panelists discussed the main challenges currently facing their respective Courts.

Brandishing a copy of the US Constitution that he keeps in his inside ‎jacket pocket, Justice Breyer told us that while the simple version of what he does as a Justice of the Court is "interpreting statutes", the task at hand is not always easy:  The meanings of some legal terms are not self-evident – notably the word “Liberty". To interpret such concepts, the Court must look to the history of the statute, legal traditions, consequences of a potential decision, value and purpose, what the drafters of the statute had in mind and, of course, precedent.

In Canada, our Charter of Rights and Freedoms only dates back to 1982, when we essentially started with a "blank slate". The United States’ highest court, in contrast, has over 200 years of precedent to consider. Canada’s highest court often has the advantage of being able to benefit from the experience of the US Supreme Court.

However, on some rights-related topics, our countries’ respective approaches differ. In matters of freedom of speech, for example, we have Section 1's balancing provision, whereby the harm caused by the limitation of a fundamental right must be balanced against the legislator’s objective in passing the legislation that is under review.
Thus the United States is more of a free marketplace of ideas, while Canadian law allows freedom of speech to be limited when that speech slides into the realm of “hate propaganda”.

Justice Abella pointed out that the United States focuses on civil libertarianism, which basically means "keeping the state away", while Canada's legal system focuses more on human-rights-related concepts such as multiculturalism, which invoke a role to be played by the state.

The Constitution of Canada is meant to protect the vulnerable, said Justice Abella, while also allowing for freedom of speech. ‎The most vulnerable don't have access to the same platforms "as we do" to debate in the marketplace of ideas, and the Canadian Charter recognizes this by insisting on the balancing provision of Section 1.

In contrast, pointed out Justice Breyer, the United States law in this regard is clear: As Voltaire wrote, "I may hate what you say, but I will defend to the death your right to say it".

The Influence of Foreign Law
Once it became clear that the Canadian and US approaches to free speech differ, Professor Cotler changed the topic of conversation by asking our two guest justices what influence foreign ‎judgments have on their courts.

When Justice Breyer was name to the Supreme Court of the United States some 23 years ago, maybe three or four‎ of the 80-odd cases decided by the Court each year would refer to foreign jurisprudence. Nowadays, in an increasingly globalized world, 15 to 20 percent of his Court’s decisions refer to foreign law. After all, issues such as copyright or balancing the fight against terrorism with the right to be protected against intrusions on one's civil liberties are issues that are being dealt with by the courts of all developed nations, so it is only reasonable that other countries’ approaches be considered.

As an illustration, Justice Breyer cited Israel's approach to dealing with detained terrorist suspects as being a potentially helpful reference point in Guantanamo-Bay-prisoner-related cases.

As the Roman statesman Cicero wrote, “in times of war, the law falls silent”. It is thus helpful to look to the approaches of other democracies. After all, a judge is a human being, not one who can divine the absolute truth.

Justice Breyer also pointed out that the United States is a signatory to numerous international treaties and so even an obscure body like the “International Olive Council” can effectively write US laws. It is therefore only natural that US courts look at how other member states of the International Olive Council (to cite this obscure example) have interpreted the relevant treaty provisions.

Despite the points Justice Breyer made, the influence of foreign laws and courts decisions on US court cases remains controversial.

In contrast, in Canada, we are more accustomed to citing foreign jurisprudence. As Justice Abella pointed out, we are a bi-juridical country, with both common law and civil law influences built into our system. Also, our Charter of Rights and Freedoms states from the outset – at Section 1 – that we should look to "free and democratic societ(ies)" as influences, so there is no debate when our courts cite jurisprudence emanating from outside our borders. "It's in our DNA", said Justice Abella.

Partisanship on the Court
To close out the evening, Professor Cotler raised the perceived partisanship of the US Supreme Court as a topic for discussion. Justice Breyer pointed out that, contrary to the impression we may get from the media, he and his fellow Justices think of themselves as judges with a job to do, rather than as Republicans or Democrats. Indeed, only some 20 percent of cases are decided with a 5-to-4 ‎split.  And even then, it is not necessarily the same five or four judges on each side each time.

Also, sometimes a US President will name a Supreme Court judge and that justice will go on to decide key cases differently than the nominating President might have anticipated. For example, President Dwight D. Eisenhower named Justice Earl Warren, who as Attorney General of California was the moving force behind Japanese internment during World War II. Warren might have been expected to protect segregationist laws, but instead wrote the seminal Brown v. Board of Education decision in which he famously declared that “in the field of public education the doctrine of ‘separate but equal’ has no place”.

That said, continued Justice Breyer, "I've lived the life I've lived. I can't jump out of my own skin". A judge's basic worldview is determined from their upbringing and is unlikely to change fundamentally after they've been appointed to the Court.

In Canada, as well, the various Supreme Court judges obviously have different worldviews, said Justice Abella. ‎However, Supreme Court justices are chosen differently here. Effectively, the choice of any given Supreme Court judge will have been influenced by members of both the Liberal and Conservative parties, as well as others.

Our two panelists agreed that a judge needs to approach their role with an open mind: Ideologies can be overruled when a judge listens with an open mind. The key is civility. As Justice Breyer remarked, in all his years on the Court, he has never heard voices raised in anger among the nine justices. That observation was comforting to hear!

Justice Abella referred to Justices Bertha Wilson and Brian Dickson, who were on the Supreme Court when the Charter came into being, as the "Fred and Ginger of the ‎Charter". Their spirit of open debate and integrity continues to influence the functioning of our country's highest court – another comforting thought!

“To Rosalie Abella, we present this 'anti-dissent' pen”
The evening's program concluded with Quebec Court‎ of Appeal Justice Nicholas Kasirer's elaborate, creative and entertaining thanking of our guest speakers and his presentation of a Lord Reading Law Society commemorative “writing instrument” (i.e., a pen) to each – a fitting tribute to an all-star panel that had entertained us, informed us and provided us with thought-provoking discourse on this memorable evening.

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CLE Breakfast – The Impact on Professionals of Tax Reform Proposals Regarding Private Corporations

Larry Markowitz

You may recall farmers, doctors – and even some lawyers – rising up in arms against Finance Minister Bill Morneau’s tax proposals last summer – only to be met with a whole new set of proposals in the autumn that would seemingly anger only a more restricted group of Canadians.

What was that all about?

On Tuesday, December 5th, the Lord Reading Law Society held its first Members-only CLE Breakfast of the season in the main boardroom of Davies Ward Phillips & Vineberg LLP.

We were pleased to welcome special guest speakers Rhonda Rudick and Reuben Abitbol, tax lawyers at Davies, who spoke before a packed house on “The Impact on Professionals of Tax Reform Proposals Regarding Private Corporations”.

Following a tasty breakfast of bagels, lox and cream cheese, the audience listened intently as Me Rudick and Me Abitbol examined the potential impacts of the federal government’s new tax proposals on private corporations, income sprinkling and the taxation of professionals’ work in process.

In particular, the prospective changes to the tax treatment of professionals’ work in process had several of those in attendance rushing back to their offices to create professional corporations…

This was our third-ever Members-only CLE Breakfast – a hugely successful concept we instituted only last year – demonstrating once again that “membership (in LRLS) has its privileges!”

(for more pictures from the breakfast, please visit our Facebook page)

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Goodbye and Thanks, Ziv

Allen Mendelsohn

Israeli Consul General for Quebec and the Atlantic Provinces Ziv Nevo Kulman recently departed Montreal, ending his mission early to take up the position of head the cultural diplomacy bureau of the Foreign Affairs Ministry in Jerusalem.

Mr. Nevo Kulman was a good friend to the Society. He enthusiastically supported our work and events, and helped to foster closer ties between Lord Reading and the legal community in Israel. 

We thank Ziv for everything he did for us and the community generally, and wish him all the best in his new position and in all the great things he will do in the future. 

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Events of Interest

Allen Mendelsohn

We thought you might like to know about some upcoming events that may be of interest to our members and friends:

• This Friday, January 19th, L'Association des étudiants juifs en droit de l'Université de Montréal has their Souper de Shabbat, featuring the Honourable Justice Morris Fish. Details can be found on their Facebok page;
• There is a Special Program for attorneys and justices to participate in the 30th Anniversary International March of the Living, April 10-15 in Poland. For more information please visit the website.

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Society Humour

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News from the Mishpacha

Mazel Tov

• To Society Past President Casper Bloom on being elected to the position of Vice-President from the English-speaking community of the Québec Liberal Party

Condolences

• To Society Past President Irwin Rudick and Society member Rhonda Rudick, on the loss of their mother and grandmother Freda