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After the Trauma: Coping

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Paralegals were among those directly affected by Friday’s shooting at the A. Grenville and William Davis Court in Brampton.

At about 11 a.m. Friday, March 28, a man entered the security area. An altercation took place between the man and a Peel Regional Police officer. The man was killed. Constable Mike Klarenbeek remains in hospital recovering from a gunshot wound.

Paralegals witnessed the events and the aftermath. Last year’s Paralegal of the Year, Elaine Page, offers some tips and advice for those directly affected by the courthouse incident, and for all legal services providers.

Here are some of Page’s tips. Others may have more advice, and examples of ways they have managed with violent incidents, or diffused situations that could have escalated. Things don’t always go smoothly; paralegals can help each other feel less vulnerable.

“Courts are by their very nature adversarial, and emotions may run extremely high,” Page notes. “We often see our courtroom appearances as a battleground, and view them as a detached intellectual exercise. We sometimes forget that while we are busy outmanoeuvring our opponents, our clients are experiencing a high level of anxiety, frustration and emotion. As that level escalates then so does the probability that a problem can occur.”
Information is Strength

Paralegals may be vulnerable because we lack crucial information about our client, the parties or witness who may have a mental health issue, or a history of violence.

“When you are interviewing your witnesses or clients look for clues,” Page advises. “For example, if, through the course of your communication with them, they have bragged about violent behaviour, seem overly emotional by “normal” standards, or otherwise give you an impression that, while you might be representing them, you wouldn’t want them to know where you live, chances are they could be a problem.”

If you sense a risk, don’t go it alone. “You can and should ask security to remain in the courtroom throughout your hearing, and if need be escort you out of the building when the matter is over,” Page notes. “The court will abide your request, as they have a vested interest in keeping the courtroom as safe as possible.”

Don’t Go It Alone

More practical advice: Never take an elevator with the party from the other side, or find yourself alone with them. “If you need a bathroom and see them go in, wait until they are finished before you enter,” Page says. “The same holds true if your client is exhibiting behaviour that is questionable. While at the courthouse if you are witnessing a situation in the hallways escalating, seek out security before the situation becomes unmanageable.”

Civility is paramount, Page says. “Our clients take their clues from us. If we are shouting and carrying on then we are telling them that it is ok for them to. That goes for the way in which we treat our fellow licensees, and court staff as well.”

If you are in court and see one of the parties being belligerent to the Judge, get up and get security. Don’t wait for the Judge to hit their panic button — by then it may be too late, Page says. The same holds for other venues. “At the counters, the public can get frustrated, blaming the clerks for their misfortunes. If you are being served when this happens, tell the clerk that you need a moment to go get security. Not only will they allow you to do so, but they will appreciate it.”
Stay Alert, Stay Safe

If you see briefcases or other objects that appear to be unattended for a period of time, alert security. This is particularly important in courts and tribunals where there are no metal detectors or X-ray machines.

If you see a colleague who appears to be in trouble — step in and help them out, Page says. “Over the years many of my colleagues have escorted me to my car and to them I am always grateful.”

To anyone who was at the Brampton courthouse on Friday, Page offers some hard-earned advice: “I want you all to know that it does get easier, and whatever you are experiencing is normal. People who have not lived it cannot imagine it. There is no shame in admitting your fear and your apprehension. You need to process it as best as you can, surround yourself with things that make you comfortable, stay away from alcohol and drugs, share how you are feeling with people who will listen to you, and if you need help there is absolutely no shame in getting it. It does get better, I promise.”
Helpful Resources Include:

Member Assistance Program

Offered by the Law Society to members and their families, MAP matches trained volunteers with licensees who need someone to help them through the tough times.

Know When to Step In

Litigator Darryl Singer wrote a column for SCOPE about depression in the legal profession. Learn the warning signs, and how to help a colleague who seems to be struggling with this issue.

Unwarranted Anxiety or Instinct?

The Gift of Fear, by Gavin de Becker, is a non-fiction work that is surprisingly helpful for anyone who finds it tough to feel safe in an unsafe world. It focuses on practical advice for everyday situations, encouraging us all to trust our instincts as the best way to recognize danger and predict violent behaviour. As de Becker notes: “True fear is a gift. Unwarranted fear is a curse.”

by Elizabeth Published on Paralegal Scope Magazine

On Voting

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For the first time in the history of the paralegal profession in Ontario, the Law Society of Upper Canada (“LSUC”), the Ontario regulatory body which governs the legal profession, is permitting paralegals to stand for election as directors (known at the LSUC as Benchers). This LSUC board of governors is made up of 53 members- 8 non-legal or lay members appointed by the provincial government, 40 lawyers elected by all lawyers in Ontario, and now soon to be 5 paralegals elected by their membership. This is an illustrious event in the annals of the paralegal profession. Were I a licensed paralegal, I would at the very least be concerned with which 5 members were going to assist in governing my profession on everything from scope of practice to discipline. The particular 5 to be elected are all the more important on a board with significantly more lawyer members, many of whom, from the get-go, dislike, fear, and disrespect paralegals.

The voting for this election could not be any easier. All of the more than 6000 licenced paralegals in the province need simply log on to the website to cast their votes (each voter can select 5 of the two dozen or so candidates in the mix). I am one of those lawyers who has always benefited from a symbiotic business relationship between lawyers and paralegals. I regularly teach paralegal courses, write for their publications, and speak at their conferences. I was honoured to be selected to moderate one of the two major election debates between the paralegal Bencher candidates last month. So it saddens me, and it should terrify the paralegals themselves, that according the LSUC, with only a few days until the close of voting, that less than 1000 of those eligible to cast their votes actually did so. The actual proportion to have voted as of this writing is 13%.

My lawyer colleagues didn’t fare a whole lot better. In the 2011 Bencher election, there were over 100 candidates for 40 seats. There were over 50,000 lawyers eligible to vote by mail. At the end of the day only 37% cast their ballot.

This particular apathy towards voting within a fairly insular self-governing profession is not only disturbing; it could have profound results. The more interested and informed voters there are, the most likelihood there will be of actually achieving a governing body that is truly representative of the personal, business and geographic diversity within the profession. The more people involved in the debates and dialogues over issues of the day, the more voices will not only be heard but listened to by those in power. And most importantly, an active electorate is the strongest bulwark against the tyranny of the minority in power.

Regrettably, this voter lethargy is not unique to the legal profession. It is in fact merely a symptom of the endemic atrophy of voter interest in the public at large.

There will be shortly a provincial election. In the last such election, the 2011 vote which sent Dalton McGuinty back to the Premier’s office, only 48% of Ontario voters showed up at the polls. Federally, Stephen Harper secured his last majority government in May of 2011 with a respectable but we-can-still-do-better 6 out of every 10 of registered voters bothering to leave their homes or offices to do their civic duty.

Next to self-governing regulatory bodies for the professions, the single most direct impact any level of governing authority will have on an individual is at the municipal level. And yet, municipal elections have abysmal turnouts. In the last province-wide municipal elections of October 2010, less than half exercised their democratic right to select their local government. While I would not expect anything nearing the 100 percent voter turnout in sham elections run by the likes of Saddam Hussein, a turnout of three-quarters of eligible electorate would be more in line with what one would hope for in a vibrant, active democracy.

Not that any of this is new. I recall with a mix of humour and sadness knocking on doors in the 1984 federal election with the late Solicitor General of Canada Bob Kaplan, and us being greeted again and again at the doors with stunned residents who, upon looking at the pamphlet I handed them, would exclaim “oh, there’s an election on?”

I have heard all the excuses- “I don’t know anything about politics”; “I don’t have time to go vote”; “They’re all the same so why waste my time?”; My vote doesn’t count anyway” And every conceivable variation on these and many other excuses.

We live in what is, despite Americans’ claim that they are it, the most free and democratic nation in the world. We are able to elect governments from our small town local council up to our federal government. There are dozens of professional regulatory bodies in the province representing hundreds of thousands of hard-working, tax-paying professionals. For the most part, those in the professions get to vote for their leadership as well. Even the condo I live in has annual elections to ensure the board of directors is democratically elected. But we should not take this democracy for granted. Democracy ignored can turn into democracy denied. We must take to heart our democratic right to vote and when presented the opportunity, we must educate ourselves, involve ourselves and motivate ourselves to be aware of the issues and to cast an informed vote.

Rule 48.15(1) Should Not Apply to Personal Cases

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When the major overhaul to the Rules of Civil Procedure was introduced in 2010, it seemed a step in the right direction. The emphasis was on making the litigation process more efficient, less time consuming, less costly for litigants, not to mention less taxing on an already overburdened judiciary and court system. The codification of cost proportionality, time limits on discoveries, increases in the ceilings in both Small Claims Court and under the Simplified Procedure, and more discretion to judges hearing summary judgment motions are all steps in the right direction, as are the amendments regarding status hearings under Rule 48.14. However, one significant change designed to speed the process along, Rule 48.15(1), may well work in some litigation matters, but in the majority of personal injury actions, it actually has the opposite effect. In personal injury cases, Rule 48.15(1) has actually resulted in an increase in time and cost to counsel and clients. Most significantly, it may have resulted in what can only be estimated to be thousands of unnecessary motions every year, straining our already limited judicial resources. In fact, the overriding principles of underlying the new Rule 48.15(1), as discussed by Master Dash in Vaccaro v Unifund, are that of prejudice to the defendant; the principle of finality; and public confidence in the administration of justice. The Master goes on to say that the court must “send the right message” and “provide appropriate incentives for those involved in the civil justice system.

Rule 48.15 states:

ACTION ABANDONED

Dismissal

48.15 (1) The registrar shall make an order dismissing an action as abandoned if the following conditions are satisfied, unless the court orders otherwise:

1. More than 180 days have passed since the date the originating process was issued.

2. No statement of defence has been filed.

3. The action has not been disposed of by final order or judgment.

4. The action has not been set down for trial.

5. The registrar has given 45 days notice in Form 48E that the action will be dismissed as abandoned.

The problem in the vast majority of personal injury actions is that 6 months after the issuance of the claim, very little may have happened. Let me give the reader a typical scenario in a typical high volume personal injury practice, and one which applies to the largest proportion of MVA claims. Once retained, plaintiff’s counsel will issue a Notice of Intention to Sue to the defendant’s insurer and begin the process of collecting the numerous documentary productions required to advance the plaintiff’s case. Obtaining an OHIP summary can take 3 to 6 months, doctor and hospital records often 2 to 3 months, employment records, income tax returns, school records all take weeks or months to obtain. In most cases neither plaintiff’s counsel nor the adjuster (the defendant for all intents and purposes being an insurer) will be in a position to assess the case for very near to 6 months at the earliest. Consider that some insurers take several months until an adjuster is even assigned and reviews the file. It is obvious that in most cases the plaintiff will be running up against this 6 month administrative dismissal unless immediately after the adjuster is on board the insurer is forced by the plaintiff to appoint counsel. And there is the rub.

Approximately 50% of these types of personal injury files settle at the adjuster level. It benefits the operation of an efficient personal injury practice, the client, and the insurer to, wherever possible, fairly resolve the file without the need for the appointment of defence counsel and continued litigation. Most significantly it benefits the court system. Half of the thousands of MVA claims need not take up precious judicial and administrative time of the system. Yet the Rules require that the plaintiff either force the insurer to appoint counsel, which many of them are reluctant to do. These adjusters will happily provide their consent for a motion to extend the time for dismissal or to reinstate after dismissal if it should become necessary. I have tracked my own files over 2012 and 2013 in an attempt to conduct an ad hoc empirical study.  Approximately 80% of the matters where a Notice of Pending Dismissal is received and where I do not force the insurer to file a defence end up being resolved without the need for a defence to be filed, and thus no motion is necessary. My practice is by no means atypical. Thus, I am bringing only 1 motion on average for every 4 or 5 notices I receive, and thus only 20% as many motions. Extrapolate this across the personal injury Bar and we are saving thousands of motions a year.

Unfortunately there has been, as a result of some decisions of the Masters Court in Toronto, an emphasis put on bringing these motions in a timely fashion, as in during the 45 day notice period, or as soon as possible after dismissal. The fear is that I can no longer essentially ignore the notice and dismissal, and then simply bring the one out of five motions that I will eventually have to bring when it becomes apparent that the negotiations have broken down and there is no prospect of settlement. And almost all of those motions will be on consent or unopposed. There is no prejudice to the defendant as their representative has agreed it was in their, and my client’s, best interests, to hold off on the filing of a defence. The insurer is not relying on any principle of finality. And as to the evidence being preserved, much of it is not even in our possession yet so it is certainly not stale or missing. Moreover, we are talking 6 to 12 months from the commencement of the claim. This article is not meant to address the 2 year dismissl notices, just the 6 month timeline. So any delay can hardly be seen as egregious. Both plaintiff and defendant are actively working to move the file forward. On those bases alone, many of the key factors Master Dash refers to simply would not bear scrutiny in the instances I describe. Obviously those larger claims where it is apparent that settlement will not be possible for years are not going to fall into the category where motions are necessary as a defence will be demanded by plaintiff’s counsel almost immediately.

My conversations with other plaintiff’s counsel reveal similar concerns by those firms. My firm handles approximately 250 to 300 cases at any one time and is a relatively small practice by some standards. The majority of files are could fairly be categorized as falling into the category referred to as needing exclusion from Rule 48.15. I am at a loss to see how bringing up to 5 times as many motions as necessary benefits the efficiency of the system and saves on court resources, both administrative and judicial.

There is a simple solution here. Either, invoke a sub-rule that applies to personal injury actions, say 12 or 18 months, or implement a system whereby plaintiff’s counsel and the insurer can extend the time automatically without a motion simply by filing a requisition confirming their agreement to extend the time. I had heard rumours that the latter process would be implemented, but so far they appear to be just rumours.

Given that Toronto Masters motions are now booking 3 months down the road, ex parte motions court is jammed every day it sits, and a typical motions list is often more than can be handled on a particular day, this change would benefit not only the personal injury Bar but the entire litigation bar as well as the court system. It would save countless amounts of money in terms of time and judicial resources, benefit all parties to the litigation by keeping costs down and encouraging pre-discovery resolution where appropriate, all of which ties in nicely with the new focus on cost proportionality.

 

Rethinking Reality TV

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Whenever I think of reality television, I can’t help but laugh at the old Robin Williams line about Fox TV’s Celebrity Boxing show back in 2002: “It’s not the end of the world, but you can see it from there”. Oh, how prescient Mork was a mere dozen years ago. Today’s reality tv programming still has not brought us to the end of the world, but that brink is perilously closer than ever. I cannot fathom any redeeming value in Duck Dynasty, a show which glorifies such down-home “values” as literalist Bible thumping, homophobia, and passing off poorly spoken ignorance as “wisdom”. I have special disdain for Honey Boo Boo, which was a spin-off of a child abusing showcase entitled Toddlers and Tiaras. Survivor is barely a cut above the not long enough ago cancelled Joe Rogan/NBC venture Fear Factor, where contestants would eat live insects for a chance at winning an amount of money insignificant enough to underscore the fact that pride can be bought very cheaply indeed. But I wring my hands in migraine-inducing frustration at any reality show that involves dating, the Beauty Myth, or which plays into the wedding industrial complex. The Bachelor; Bachelorette; Say Yes to the Dress; Real Housewives of (insert city here); The Swan; Dr. 90210; Extreme Makeover; and the rest of their ilk, are not only devoid of any positive values but actually perpetuate dangerous stereotypes about women and relationships. Indoctrination through repetition of these negative representations will make it difficult for children, teens and women (for the ratings show that teens of both genders and women 18 to 49 make up the majority of these shows’ viewership) to be satisfied in real relationships with real people, living real life.

The Hollywood romantic ideal peddled to little girls through Disney fairy tales and as reinforced to those women as they mature through movies such as Bridget Jones, Pretty Woman, Love Actually et al have long fuelled the fantasies of many of their female audience. Fantasies where they will be swept away by the tall, handsome stranger across the room, taken from a working class life into high society, only to be romanced and ravished daily for happily ever after. (I note that the “prince” in these roles is never a short, lean, middle-aged Jewish lawyer. But I digress). The fairy tales and movies are just that. The youngest fans, the least discriminating viewers, and even those of questionable intelligence understand they are watching an artificial creation- that these are stories disseminated in cartoon form or by actors on a screen playing a role. Sadly, the current crop of reality shows- which by all accounts have spectacular ratings- combined with the constant advertising bombardment and in-show product placements, are selling something different. Not fantasy, but a carefully crafted misogynistic and often racist narrative. All women can be happy if only they are young enough, thin enough, pretty enough, white enough, and have a man who will lavish them in designer baubles. Is it really just mere entertainment? The constant message of reality dating and makeover shows is to reinforce the fact that our lives and relationships must always be exciting, perfect, fairytale like. That we must always buy the newest styles in order to be glamorous. Moreover, according to a steady diet of reality dating and marriage shows, why ever settle again? Arguments? Money troubles? Sexual dysfunction? Kids? Parents? In-laws? Mortgages? Careers? Homework? Dance lessons? Hockey practice? No, no, no and nope. Every woman can and should have her Prince Charming, and he will handsome, rich (maybe famous too). She will have lots of immigrant domestic help. Her friends will be lovely and glamorous. No nights at the local pub or watching movies, but a constant schedule of galas, vacations and fancy restaurants. Don’t have that perfect man yet? No problem. The underlying theme is that you shouldn’t settle. Instead, trade in your current shlub for the Prince Charming who is surely is just around the corner.

This is not to mention the subtle and not no subtle forms of racism in these shows. The contestants are almost entirely white. When women (or men) of colour are part of the cast of these shows, they are almost always there as some sort of token. And rest assured their on-camera antics will be manipulated by the producers to slot these token characters into any one of many of (white) society’s most blatantly offensive personifications.

As the father of three children, 2 boys and a girl, I worry about the effects of this media on my kids and their generation. I am concerned with how my daughter will value herself and what she will find important as she grows up. Will she focus only on her natural beauty, which is what everyone compliments her on, and end up basing all her happiness on her partner and her relationships? Or will she use the fact that she does well in school, is smart, curious, much too well traveled for a 9 year old, and has a preternatural ambition, to carve out a life for herself where she finds happiness in her inner self and her achievements, where she will look for a man (or woman) to enhance her already full life?
Even more significantly, I am worried about how these mediated images which portray women as only worthy for their beauty (although even that is held to an unrealistic standard), and who we are constantly told are backstabbing bitches, gossips, and gold-diggers, will impact my sons’ views of the opposite sex. My greatest fear for my boys is that they would grow up to be like the men who appear on the Bachelor or similar shows; men whose ingrained disrespect for women is exceeded only by the shallow veneer of faux chivalry that is trotted out at key turning points in the “plot” of the series.
I worry my children, who are growing up blind to the differences in skin colour and religious belief, will be influenced by the racist archetypes of reality tv producers.

My children see me surrounded by strong women who I respect. They see me surrounded by a group of ethnically and religiously diverse friends and business associates. They see how I treat women and people who may look different than I. I only hope I set the right example by making sure that I behave respectfully toward all of the women I encounter, as well as those whose cultural identity differs from my family’s. I hope they see this not just in terms of my relationships with those who are a regular part of my life, but also in my daily interactions with strangers. As parents, it is important to instill values by leading as opposed to just paying lip service. This is paramount because we all know the damage that can be done to young minds by media images and the influence on kids by friends whose own views are warped by the misogyny of advertising and reality tv.

Notwithstanding my vigilance in this regard, even I fall prey to the insidiousness of the beauty ideal. It has been pointed out to me twice in the last few months that when I talk about my boys, I mention their scholastic and athletic achievements, their genuine maturity, intellect and kindness. Yet when describing my daughter, it appears I often lapse into describing her first and foremost as “gorgeous” or “stunning” (which she is, but she is also brilliant, a competitive dancer, well mannered, excelling in school, kind, compassionate, and way too ambitious for her age).

All of this was recently driven home again as I am reading journalist and feminist Jennifer Pozner’s excellent 2010 polemic Reality Bites Back, a detailed analysis of how reality tv reinforces notions of the Beauty Myth, the subjugation of women, and the impact of how these views shape the expectations of women and men in terms of real relationships with real people.

To those parents, who like me, thought these shows were just harmless, mindless entertainment for our teenagers to chill out to at the end of a long day of studying, extracurriculars and part time jobs, I would implore you to read this book and reconsider. I am not suggesting the shows be banned. Television producers have a right to produce whatever they wish. They are neither educators nor governors- they hold no special place in society that should require them to adhere to any particular feminist or other ideology (as we know too well from history that is a slippery slope). Quite frankly, to expect some sort of communications laws to control the television producers is just an abdication of our parental responsibility. Nor do I suggest we restrict our children from watching a particular show because of our own aversions. But as parents, we owe it to ourselves, our children, and other parents, to be aware of what our kids are watching; to combat the negative effects of those shows with serious discussion; and to live our lives in a way which reinforces the values we want our children to develop. Only by making such a concerted effort will we ensure that these shows are relegated to mere entertainment with no ability to instill a misogynistic, racist, anachronistic value system on the next generation.

407 Can No Longer Suspend Licence Plates of Bankrupts

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Litigator and Paralegal SCOPE contributor Darryl Singer explains a decision that affects paralegals whose practice includes judgment enforcement and Provincial Offences.

The corporation that operates the 407 ETR toll highway is the focus of one of the more significant bankruptcy decisions rendered in the last several years by the Court of Appeal for Ontario. The decision, released Dec. 19, 2013, is Canada (Superintendent of Bankruptcy) v. 407 ETR Concession Company Limited, 2013 ONCA 769.

While paralegals cannot give advice or practise in the area of bankruptcy and insolvency law, it is important keep up with current bankruptcy legislation and court decisions.

If you represent parties in enforcement actions after Small Claims Court decisions, you must be alive to changing trends in insolvency law. This will help paralegals to advise clients appropriately. A basic understanding of bankruptcy law as it relates to provincial fines, penalties and suspensions issued by various provincial government ministries, is helpful in Provincial Offences Act practise, as well as in relation to the 407.

Justices Rule Against 407

In the appeal, the three-judge panel of the Court issued a ruling against the corporation that operates the 407 ETR toll highway. The Court’s reasons were ones that insolvency lawyers and bankruptcy trustees have suggested for years. The issue related to 407’s ability to have the Ontario Ministry of Transportation (MTO) refuse to issue or renew licence plates/stickers if the driver in question had money owing to 407 for unpaid tolls.

The case involved a former truck driver and traveling sales agent, Matthew David Moore. Mr. Moore discovered after being discharged from bankruptcy and having all of his pre-bankruptcy debts expunged, that he could not renew his vehicle plate permit unless he paid the 407 at least a portion of the money he technically no longer owed to 407 (as that debt had likewise been wiped clean on the date of his discharge from bankruptcy).

This inability to obtain vehicle plates would, of course, not only prevent him from legally driving on the 407, but also anywhere else in Ontario. Given his employment history, this would also appear to interfere with his ability to earn a livelihood. Such an outcome is in direct contravention to the aims of consumer bankruptcy in Canada — laws that are founded on the “fresh start” principle.

Judicial Officer Agreed with Applicant

Despite the federal bankruptcy regime, the Highway 407 Act 1998, S.O. 1998, c. 28 allowed the 407 to require the MTO to suspend or refuse permits and plates to those who owed even modest sums to the toll highway company. As a result of this perverse quandary he faced after his discharge, Moore applied to the Registrar in Bankruptcy — a judicial officer in the Toronto court with oversight for bankruptcy law — for a judgment requiring 407 to notify the MTO that they could no longer withhold plates.

The Registrar agreed. The 407 then appealed to the Superior Court, which, in what can only be described as a misapprehension of the basic tenets of insolvency policy in Canada, overturned the Registrar’s decision. The judge concluded that there was no apparent conflict between the fresh start concept of the federal bankruptcy regime and the ability of 407 to essentially enforce collection of a debt post-bankruptcy.

Moore was set to appeal to the province’s highest court when the 407 sought to derail the appeal by offering what he said was a “sweetheart deal” to settle his outstanding debt. The federal Superintendent of Bankruptcy stepped in and was permitted by the Court of Appeal to argue the merits of the case for the benefit of all discharged bankrupts who found themselves in Moore’s situation. I understand that number could be in the thousands.

‘Fresh Start’ at Heart of Federal Legislation

In Canada, the Bankruptcy and Insolvency Act R.S.C., 1985, c. B-3 (BIA) deals with consumer bankruptcies with the aim of allowing discharged bankrupts a fresh start. The idea is that an “honest debtor” who has gotten in over his or her head financially would be entitled, after a period of bankruptcy, to a discharge.

Once an Assignment in Bankruptcy is made, no unsecured creditor can continue to enforce or collect upon any debt of the bankrupt. Upon discharge, all debts, except those enumerated in section 178(1) of the BIA, would be expunged, thus allowing the now discharged bankrupt to be free of any and all debts incurred prior to the date of bankruptcy.

In this manner, Parliament reasoned, the individual could move forward and rebuild their financial life free from the past encumbrances. Debts which would survive bankruptcy would include those debts incurred by fraud (one who incurs a debt by committing a fraud is obviously not an “honest debtor”); those related to child or spousal support; certain types of criminal court ordered restitution or fines.

It is long-settled law and policy in Canada that, regardless of the fact that the fresh start principle results in many creditors ending up unpaid to the tune of hundreds of millions of dollars a year, the consumer bankruptcy regime set out in the BIA is actually in the country’s best interests. I would suggest it is also in keeping with our national commitment to social justice and equality of opportunity.

In Through the Back Door

In Ontario, however, an apparent conflict with the aims of the BIA arose as a result of the 407 Act. Although the 407 could no longer take any legal action or enforcement mechanisms to collect its toll debt from a bankrupt, it could still require payment from the discharged bankrupt, in exchange for lifting the permit suspension.

In essence, if one wanted to continue to legally drive in Ontario after being discharged from bankruptcy, one would be forced to make a financial arrangement to repay some or all of the pre-bankruptcy debt one owed to 407, in order to obtain plates and permits. Thus, 407 was obtaining through the back door what it could not legally do by entering through the front door.

Further, because the BIA consumer bankruptcy regime also groups together all unsecured creditors of a bankrupt to share any assets or surplus income of the bankrupt (if any), the 407’s ability to have the MTO suspend plates also gave the 407 an unfair position as against other creditors, granting it a superior position not intended by the BIA.

In fact, this point was not missed by Madam Justice Sarah Pepall, writing for the panel. She stated, quite tongue in cheek, that the “407 Act should not permit (407) to occupy the collector’s lane.”

Paramountcy Doctrine Applied

Madam Justice Pepall also conducted a very detailed historical overview of the Supreme Court of Canada’s decisions on the doctrine of paramountcy. Simply stated, this doctrine specifies that when a federal piece of legislation and a provincial Act are in conflict, the federal legislation reigns supreme. She concluded that as the doctrine of paramountcy applied and further, as the section of the 407 Act which granted the suspension powers to 407 conflicted with the fresh start purpose of the BIA, the relevant section of the 407 Act was to be rendered inoperative.

This is no insignificant decision. Given that there are approximately 25,000 bankruptcies a year in Ontario, thousands of Ontario drivers validly discharged from bankruptcy are currently hindered from a true fresh start because they cannot obtain plates from the MTO.

The 407 is determining whether to seek leave to appeal to the Supreme Court of Canada. I understand that if it does so, it will also seek a stay of the effect of the Court of Appeal’s decision, pending the outcome of the Supreme Court appeal.

Until then, the current state of the law is as set out by the Court of Appeal; the 407 can no longer require the MTO to withhold plate permits from discharged bankrupts. Given the thorough analysis of and reliance upon Supreme Court bankruptcy decisions and paramountcy cases, I suspect even if the matter is appealed, the reasoning of the Court of Appeal is unassailable and will be upheld by the country’s highest court.

That being said, it is my understanding that discharged bankrupts on the 407/MTO suspension list who contacted 407 after the decision was released are still getting the run-around. Apparently, collections agents at 407 are being told not to change their protocol until a decision regarding a stay has been made. I would suggest that this is unlawful on the part of the 407 unless and until they seek and obtain a stay.

Darryl Singer is a Toronto litigator and dedicated 407 user who is thrilled by the Court of Appeal’s decision and encourages those affected by the ruling or their legal representatives to overwhelm the 407 with their demand for plate reinstatement.

Since the writing of this article, 407 has been granted leave to appeal to the Supreme Court of Canada. As well, the Court of Appeal granted a stay of the effect of its Order pending the decision of the Supremes. So technically, the status quo remains, although I am hearing from both lawyers and trustees that they are having mixed results in getting the suspensions lifted, despite the official position of 407 to maintain the suspensions. I personally think the analysis of the Court of Appeal regarding the conflict of laws is almost flawless and the Supreme Court will uphold the decision. Stay tuned…

Read the application for leave to appeal and various applications to intervene.

by Elizabeth Published on Paralegal Scope Magazine

Court of Appeal puts 407ETR in its Place

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Just before the Christmas holiday break, the Court of Appeal for Ontario issued a ruling against the 407 ETR corporation (“407”) on an issue that insolvency lawyers and bankruptcy trustees have suggested for years should have been obvious. The issue related to 407’s ability to have the Ontario Ministry of Transportation (“MTO”) refuse to issue or renew licence plates/stickers if the driver in question had money owing to 407 for unpaid tolls. The case involved a former truck driver and traveling sales agent, Matthew David Moore. Mr. Moore discovered after being discharged from bankruptcy and having all of his pre-bankruptcy debts expunged, that he could not renew his vehicle plate permit unless he paid the 407 at least a portion of the money he technically no longer owed to 407 (as that debt had likewise been wiped clean on the date of his discharge from bankruptcy). This inability to obtain vehicle plates would, of course, not only prevent him from legally driving on the 407, but also anywhere else in Ontario. Given his employment history, this would also appear to interfere with his ability to earn a livelihood. Such an outcome is in direct contravention to the aims of consumer bankruptcy in Canada, which laws are founded on the “fresh start” principle. Despite the federal bankruptcy regime, the 407 Act of Ontario allowed the 407 to require the MTO to suspend or refuse permits and plates to those who owed even modest sums to the toll highway company. As a result of this perverse quandary he faced after his discharge, Moore applied to the Registrar in Bankruptcy- a judicial officer in the Toronto court with oversight for bankruptcy law- for a judgment requiring 407 to notify the MTO that he was no longer indebted to them. The Registrar agreed. The 407 then appealed to a single judge of the Superior Court who overturned the Registrar’s decision, concluding that there was no apparent conflict between the fresh start concept of the federal bankruptcy regime and the ability of 407 to essentially enforce collection of a debt post-bankruptcy. Moore was set to appeal to the province’s highest court when the 407 sought to derail the appeal by offering what he said was a “sweetheart deal” to settle his outstanding debt. Fortunately, the federal Superintendent of Bankruptcy stepped in and was permitted by the Court of Appeal to argue the merits of the case for the benefit of all discharged bankrupts who found themselves in Moore’s situation, a number which I understand to be in the thousands.

In Canada, the Bankruptcy and Insolvency Act (BIA) deals with consumer bankruptcies with the aim of allowing discharged bankrupts a fresh start. The idea is that an “honest debtor” who has gotten in over his or her head (through illness, long term unemployment, marital breakdown, a failed attempt to run a business, among other reasons) would be entitled, after a period of bankruptcy, to a discharge. Once an Assignment in Bankruptcy is made (thus putting the individula into a state of bankruptcy) no unsecured creditor can continue to enforce or collect upon any debt of the bankrupt. Upon discharge, all debts, except those enumerated in section 178(1) of the BIA, would be expunged, thus allowing the now discharged bankrupt to be free of any and all debts incurred prior to the date of bankruptcy. In this manner, Parliament reasoned, the individual could move forward and rebuild their financial life free from the past encumbrances. Debts which would survive bankruptcy would include those debts incurred by fraud (one who incurs a debt by committing a fraud is obviously not an “honest debtor”); those related to child or spousal support; certain types of criminal court ordered restitution or fines. It is long settled law and policy in Canada that regardless of the fact that the fresh start principle results in many creditors ending up unpaid, to the tune of hundreds of millions of dollars a year, the consumer bankruptcy regime set out in the BIA is actually in the country’s best interests. I would suggest it is also in keeping with our national commitment to social justice and equality of opportunity.

In Ontario, however, an apparent conflict with the aims of the BIA has arisen as a result of the 407 Act. Upon discharge, although the 407 could no longer take any legal action or other collection and enforcement mechanisms to collect its toll debt from the bankrupt, it could still require payment from the discharged bankrupt in exchange for lifting the permit suspension. In essence, if one wanted to continue to legally drive in Ontario after being discharged from bankruptcy, one would be forced to make a financial arrangement to repay some or all of the pre-bankruptcy debt one owed to 407 in order to obtain plates and permits. Thus, 407 was obtaining through the back door what it could not legally do by entering through the front door.

Further, as the BIA consumer bankruptcy regime also groups together all unsecured creditors of a bankrupt (generally speaking these would include banks for unsecured loans and credit cards; other charge card companies; utility providers; private lenders including family; and often Revenue Canada) to share any assets or surplus income of the bankrupt (or more likely to all lose out in the majority of consumer bankruptcies), the 407’s ability to have the MTO suspend plates also gave the 407 an unfair position as against other creditors, granting it a superior position not intended by the BIA. In fact, this point was not missed by the Court of Appeal in deciding the case. Madam Justice Sarah Pepall, writing for the unanimous Court of Appeal panel in Canada (Superintendent of Bankruptcy) v 407 ETR Concession Company Limited, stated quite tongue in cheek, that the “407 Act should not permit (407) to occupy the collector’s lane”.

Madam Justice Pepall also conducted a very detailed historical overview of the Supreme Court of Canada’s decisions on the doctrine of paramountcy. Simply stated, this doctrine specifies that when a federal piece of legislation and a provincial Act are in conflict, the federal legislation reigns supreme. She concluded that as the doctrine of paramountcy applied and further, as the section of the 407 Act which granted the suspension powers to 407 conflicted with the fresh start purpose of the BIA, the the relevant section of the 407 Act as to be rendered inoperative. This is no insignificant decision. Given that there are approximately 25,000 bankruptcies a year in Ontario, there are presently thousands of Ontario drivers validly discharged from bankruptcy hindered from a true fresh start because they cannot obtain the necessary permit to legally drive in a province where except for those living in the core of Toronto, private vehicle transportation is necessary just to get to work. This number would have been bound to increase by several thousand a year had it not been for this decision.

While 407 is currently determining whether to seek leave to appeal to the Supreme Court of Canada, I would advise any discharged bankrupt with a permit denial as a result of pre-bankruptcy debt to immediately contact the collections department of 407. Demand confirmation that 407 will advise MTO to remove any 407 imposed restriction from their database. Given that the decision was just released I have not had any feedback on whether MTO will simply abide by the ruling of its own accord without the need for a 407 clearance notice for each individual affected driver. But the current state of the law is as set out by the Court of Appeal, which means the 407 can no longer require the MTO to withhold plate permits from discharged bankrupts. Given the thorough analysis of and reliance upon Supreme Court bankruptcy decisions and paramountcy cases, I suspect even if the matter is appealed, the reasoning of the Court of Appeal is unassailable and will be upheld by the country’s highest court.

The complete case can be found here: http://www.ontariocourts.ca/decisions/2013/2013ONCA0769.htm

‘Happy’ Holidays Also Despair, Addiction, Stress Days

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SCOPE Contributor Darryl Singer is a paralegal-positive litigator, well-known for his effective CPD presentations. He discusses some reasons the holiday season holds so many pitfalls for licensees; what warning signs to look for; and how to seek help for yourself or someone else.

The December holidays pose a paradox: for all the happiness and celebration, this time of year can cause or exacerbate extreme financial pressure, anxiety, depression, and addiction — not to mention overall stress. These can be separate issues, but more often than not, they are inextricably linked in a spiral of despair.

We are bombarded with hundreds of messages a day at this time of year, exhorting us to be especially happy, to celebrate with family, to be in love, and to shop, shop, shop. For many legal professionals, the nightly client parties and events this month are also times to be judged for NOT drinking.

Unfortunately, even those individuals whose lives are ones of general contentedness and satisfaction, who are able to eschew materialism the rest of the year, and who generally handle daily stress with a devil-may-care attitude, can find this time of year to be trying.

The anxiety surrounding family and other social gatherings; the financial pressure to make sure your kids aren’t the only ones not getting the new PS4, and that your staff are satisfied with their bonus; the elevated stress levels associated with the sheer number of social commitments or from the lack of a significant social network; and the loneliness of those who are single or estranged from family — these are just a few stresses and pressures the holiday season brings.

‘Tis the Season For Torment

These pressures apply equally to Christians and non-Christians alike, as well as to legal professionals and non-legal types. Sadly, as much as the undercurrent of stress and sadness is lost in the patina of seasonal happiness, the negative effects of the holidays are amplified by many magnitudes for those already suffering from depression or struggling with addiction.

In fact, the holiday season seems like some sort of karmic joke designed specifically to torment addicts and those with depression. It can also have the severe effect of pushing those with mild depression or functional addiction (if there is such a thing) over the edge, into full-blown episodes from which it can take months or years of effort to recover, if ever.

As I wrote in a previous article for this publication, addiction and depression strike the legal profession three times as often as the general public. This may be the time of year when you see the signs of depression and/or addiction in colleagues who have managed to mask it throughout the year.

Consider these facts:

  • Stress and anxiety of any kind, be it financial, social, familial, romantic, are all heightened during this time of year. For those with anxiety disorders or depression, the added pressures and anxiety-producing situations unique to the holidays, often create a level of chaos that cannot be managed without professional intervention.
  • It appears that those suffering a situational depression resulting from the loss of a loved one, through death or break-up, are less able to cope during this time of year. Holiday pressure can turn what might be a short-term depression, into a full-scale depressive disorder.
  • This is the time of jubilation, often to be found in the consumption of alcohol. Those with addictions to alcohol or other substances are not only surrounded by temptation, but implicitly told that it’s okay to “tie one on.” And when everyone else in the room is feeling buzzed it’s much easier for the addict to fit in, and justify to himself that it’s not really destructive.
  • Depression/anxiety and addiction often go hand in hand. One seems to beget the other.

If You Think You Have a Problem

If you think you may be suffering from depression, or that you may be an addict, unless you are a Woody Allen-esque hypochondriac, you likely are. Rather than using this time of year as an excuse to indulge in your excesses, or to tell yourself the depression and anxiety will pass once the holidays are done, seek help. Immediately.

Friends, family, your family doctor, are all good places to start. Legal professionals can access the Law Society’s Members’ Assistance Program (http://www.lsuc.on.ca/map/) or the Ontario Lawyers’ Assistance Plan (http://www.olap.ca/ ) for immediate peer-to-peer mentoring and referral to professional help.

Professional Obligations

If you think someone you know may be suffering from these afflictions, don’t sit idly by. As a member of the LSUC, you have a duty to the profession and the public to report another member if you believe that member has an illness (and yes, depression, anxiety disorders, and substance addiction are indeed diseases — the science on this is well-settled).

I would approach the member and try to convince them to seek help on their own. If they shun your overtures, and you believe their illness puts their clients at risk, then you must fulfill your duty and report the individual. Tough love, but the person will thank you down the road when they have recovered.

If it is a friend or family member who is not a lawyer or paralegal, again the first thing is to approach them, let them know you care, and are there to help them.

Encourage them to seek treatment of their own volition. If they refuse, then you may need to organize an intervention, in which the friends and family gather, essentially to force the person into the treatment they need. If you need to go this route, seek the assistance of an addiction specialist or medical doctor specializing in depression (as the case may be) to make sure any intervention is done effectively.

Peace, Goodwill, Recovery

Check the resources available at the websites of Centre for Addiction and Mental Health (CAMH) (http://www.camh.ca/); Homewood Health Centre (http://homewood.org/); and Bellwood Health Services (http://www.bellwood.ca/), among others. You can also take the individual (if they are in an immediate state of crisis and you believe they are a threat to themselves or someone else) to your local hospital emergency room, with police assistance if necessary.

Darryl Singer is a Toronto litigator who has been recovered from drug addiction and depression for four years. His Jewishness does not prevent him from getting into the “Christmas and holiday spirit.”

Just as there seems to be a special focus this time of year on helping food banks and toy drives to ensure nobody goes without at the holiday season, let’s not forget that most of those suffering from depression and addiction suffer in silence.

If this time of year is really about peace and goodwill and helping our fellow humans, then do not forget this important piece of the human puzzle. When we help people recover from illnesses such as alcoholism, drug abuse, depression and anxiety, our community as a whole benefits.

And that’s really what the Christmas spirit is all about.

by Elizabeth Published on Paralegal Scope Magazine

Hitting the Right Notes: Raising the Bar CPD

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Like a good concert, a successful CPD leaves its audience yearning for more. Ontario Paralegal Network’s Oct. 26 session, “Raising the Bar” gave its audience a symphony of information, with plenty of room for encores.

Presented through CPD On-Time and supported by Tripemco Burlington Insurance, the event at the Centre for Health & Safety Innovation delivered a wide range of paralegal-specific information, presented by leaders in the legal community. The interplay between statute and common law weaved through each section, tying together the papers, case law and examples quoted.

Facilitated by paralegal Susan Koprich, the day-long Raising the Bar Substantially CPD started with an overview of contract law, including formation, types, exceptions, interpretation, available remedies, and enforcement. Deputy Judge J. Sebastian Winny and paralegal Hugh Ferguson detailed many of the contractual issues that paralegals encounter within the scope of practice.

In determining the enforceability of clauses in cases of breach of contract, “The court loves ‘nuanced arguments,’” Deputy Judge Winny said. “As advocates, this means we have more work to do,” in assisting courts to interpret “grey areas” in favour of the client.

Ferguson noted that paralegals should know the case law that relates to a case, so they are prepared to address any questions the court may have.

Real estate-related contractual issues came up in the contracts session, and in Former Deputy Judge Winer’s presentation on the doctrine of merger. He presented a case study on finality in contracts.

Former Deputy Judge Allan Mintz presented a lively look at mediation. Paralegals can represent clients during mediation. The option can save time, money and relationships, Mintz said. “One day of mediation is cheaper than a three-day trial” and can provide a useful peek at the strengths and weaknesses of both sides’ positions.

Paralegal and legal student, Stanley Razenberg, and lawyer, Darryl Singer, tag-teamed their presentation on the interplay between Statutory Accident Benefits and tort claims related to accidents. This highly technical field is heavy on management — not just of the case, but of limitation periods and client management. “Client management is 80 per cent of what we do,” Singer said.

Ethical issues came up during presentations, in addition to Paralegal Society of Ontario President, John Tzanis’ presentation. Duty to the client, rules around referral fees, scope of practice limitations, contingency fees and the need to communicate appropriately with clients, were among the Rules-related topics raised.

David Mayzel and Deputy Judge Harry Perlis used a “town hall” style to generate audience participation for their presentation on remedial legislation — acts such as the Construction Lien Act, Consumer Protection Act and Repair and Storage Liens Act. Paralegals can leverage sections of such “remedial legislation” in small claims actions.

As with contract-based claims, paralegals can use alternative pleadings for matters that touch on trust money and other issues covered by remedial acts. Statutes and regulations can create a maze that legal service providers must unravel, Mayzel said. To effectively represent clients, paralegals must understand the enabling statutes and their regulations, and review leading cases, and then construct pleadings that address both statute and common law.
Cases referenced in Raising the Bar include:

Action Auto Leasing v. Cantlon, 2013 ONSC 6312 (CanLII)

Consolidated-Bathurst v. Mutual Boiler, 1979 CanLII 10 (SCC), [1980] 1 SCR 888

Grover v. Hodgins, 2011 ONCA 72 (CanLII)

Hi-Tech Group Inc. v. Sears Canada Inc., 2001 CanLII 24049 (ON CA)

McGrath v. MacLean et al., 1979 CanLII 1691 (ON CA)

Whilby v. Redhead, 2010 ONSC 2420 (CanLII)

by Elizabeth Published on Paralegal Scope Magazine

On Heroes

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Last night I had the good fortune to attend a Law Society seminar sponsored by the Canadian Lawyers for International Human Rights (http://claihr.ca/wordpress/). The guest speaker was retired Lt General of the Canadian Forces, Romeo Dallaire. Aside from the fact that Gen. Dallaire was remarkably enlightening speaking about his experiences and insights regarding child soldiers and conflict minerals in Africa, he is also my eldest child’s hero.

Jacob is about to turn 16, in Grade 11, currently a Sgt. in his Army Cadet corps with plans to join the Canadian Forces Reserves on his 16th birthday. If he continues to excel academically he will apply to attend Royal Military College or another university on a military ticket as a prelude to a career as an officer in our world respected military. The seminar where my son met his hero came on the heels of two other recent family events with a similar theme.

Just before the kids returned to school, Tanya and I took the three of them (Jacob and his younger twin siblings Bennie and Leora) to the AGO to view the Ai Wei Wei exhibition. Wei, of course, is the Chinese dissident artist who has endured beatings, incarceration, restricted freedom and mobility even upon release from prison, and is openly watched by the government 24 hours a day. All because he has used his art as a means to speak out against the totalitarian government of his country and the treatment of its citizens.

Also immediately before the kids went back to school we received a letter from the twins Hebrew School recently advising that their Grade 4 project this year will be the research and presentation on a Jewish hero. I have suggested my twins not only find a Jewish hero, but a Canadian Jewish hero. My daughter has settled on Rosalie Abella, the first female Jewish judge of the Supreme Court of Canada, and a woman who during her time as one of the youngest members of the Ontario Court of Appeal, and as a Supreme Court justice, wrote some significant decisions which had the profound effect of shaping our nation’s social values, including the landmark ruling that legalized same sex marriage.

Bennie is undecided as to his Jewish hero but we have been talking about the great humanitarian Stephen Lewis, or possibly Pierre Trudeau. Yes, he knows Trudeau was not Jewish, but Trudeau’s personal convictions, which motivated his politics and culminated in the Charter in 1982, forever ensured a level playing field not only for Jews, but all religious and racial minorities, gays and lesbians, and marginalized political viewpoints unprecedented in Western society.

On the subject of heroes, we discussed in contrast the achievements of the three “heroes” mentioned above with those of the various movie stars who were recently in town for the Toronto International Film Festival. I was absolutely amazed (albeit not surprised) at the coverage our local media gave to sightings of celebs- where they shopped, where they ate, and sadly, even what they had to say about current events, pseudo-events, and non-events. We live in a society where a recent study of Americans (and I have no reason to think the Canadian numbers would be any different) showed that eight of ten people knew who Miley Cyrus was and that she had recently “twerked” on national television, but only 1 of those 10 knew anything about the conflict in Syria. I suppose by this point it is actually trite to say that millions more vote for contestants on American Idol or So You Think You Can Dance than in actual elections. I point these items out simply to emphasize that our cultural obsession with celebrity has bastardized the meaning of the word “hero” as to almost devalue its meaning. Judging by the column inches and television minutes devoted to reality television “stars” and actors in comparison to stories of people of substance, it appears that true heroism is indeed in decline.

Heroes are those who DO something, who live their convictions, who do what they believe is right in the name of making the world a better place, often at great personal risk or cost. Heroes can indeed and probably should be celebrities. Celebrities, generally, cannot be heroes merely by virtue of their celebrated status.

A society needs heroes. Heroes give us hope. They embody the spirit and characteristics that we should all aspire to. They often motivate the rest of us to action that changes the world around us for the better. Some heroes choose a path of heroism, others are thrust into it.

But let us be careful of who we call a hero, or what we determine is a heroic act. Let us not cheapen the concept for our children. Let us as parents show the way by talking to the children about our heroes and their achievements, as well as how those heroes have affected us personally. Let our children enjoy all the celebrity filled media they like, but let us not forget to teach them to distinguish between entertainment and heroism, between celebrity and hero. Educate them about people who have taken the more difficult choice for purely noble reasons, even at the risk of career, personal and relationship sacrifice. These may be the famous heroes we all know or could be a unsung hero who risked life and limb to save lives in a particular situation. In my university days, I knew an elderly gentleman who had risked his life to shepherd many Jews out of Hungary after the revolution. Unknown for this heroism outside of his family and the small Hungarian Jewish community in Toronto, his actions in the face of imprisonment or even execution if he had been caught were indeed heroic. The many Polish Catholics who risked certain death at the hands of the Nazis but who nonetheless hid Jews and aided them in obtaining safe passage were of a similar kind of heroism. Heroism can also be a one-off, such as rescuing someone from drowning in dangerous waters or a burning vehicle. Heroes come in all shapes, sizes, ages, genders, races, religions and political creed. Their actions take many different forms and substance. Often, we may not realize them while they are in the midst of their heroism, but only in the fullness of time and retrospect. And we may not always agree with their cause or their actions.

But what they all have in common is a finely tuned moral compass and the placement of others before themselves. Not all of our children will grow up to heroes; in fact, most will not. But if my children develop some of the character traits of real heroes then they will be well equipped to make the world a better place even in their own small way.

Maybe There is Hope After All

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I have been accused by those around me of railing against the youth of today as if I were some crotchety old man talking about how my generation was different and of being prone to starting sentences with the words “when I was young…”. And indeed I am guilty as charged. I have long held that today’s teens are the most coddled, privileged generation and that this does not bode well for the future of our country. I have opined both in previous posts on this blog, and in rants to anyone who will listen, that today’s teens lack of respect for authority; my generation’s helicopter parenting; our legal tying of the teachers’ hands; awards for participation; the educational system’s relaxing of basic grammar and spelling rules; and the advent of ubiquitous social media, will all lead to this generation of teens becoming the soft underbelly of an already spineless society. But it appears I may be wrong, and that there is hope for this generation. Real and exciting hope.

My son has been in Army Cadets for two years now, and in four weeks he leaves for his second summer of training at Canadian Forces Base. I just attended the annual review parade for his cadet troop, and came away with a sense of pride, not just in my own son but in the youth of our nation. At the annual review, as well as over the last couple of years that Jacob has been in Cadets, I have been fortunate to see a generation of teenagers at their utmost. These teens, almost equal numbers of each gender, are of course regular teenagers. I am sure when not in front of their commanding officers, teachers or parents they swear, sneak booze and cigarettes, and are sexually active. But they are also good students destined for higher education and successful careers where they will be able to support themselves and their families as well as make a contribution to the community. They are unfailingly polite, respectful of authority, have a strong work ethic, are physically fit, self-motivated, and many, if not most, possess leadership skills far beyond their years.

While I am on the subject of teens, I have, through my son, met many other of his high school classmates, who, while not in Cadets, are equally impressive. In addition to being academically inclined and demonstrating hard work and perseverance, they play competitive sports or pursue some other endeavour such as dance or music at a competition level. They hold down part time jobs to earn their own spending money, do far more hours of volunteerism than just the minimum required by their school, and have a clear idea of their future path.

So maybe hope is not lost at all. Maybe my son’s generation will be the best yet. They are growing up with the benefits of the most advanced science and technology in the history of the world. At first glance it appears they squander too much of that for superficial and banal purposes but a closer look reveals a generation who will ultimately use their own internal drive, intellect, physical abilities, and technology, to do great things for themselves and for our community. If these teens I see are indicative of what is to come, I have no worries that the future of our country is in good hands.