Rule of Law Matters: Recent Episodes
The Law Society of BC
Divorce and separation can be one of life’s most stressful events, especially for families with children. It not only has legal implications, but can impact the physical, mental and financial health of those involved. For this episode of LawCast BC, we invited family lawyer and Bencher Tanya Chamberlain and Dr. Ramneek Dosanjh, both members of the Health Justice Alliance, to speak about the intersection of law and health during separation and how parents can help their children navigate this stressful life change.
The Health Justice Alliance was formed in 2022 as a partnership between physicians and lawyers who serve BC families experiencing high conflict separation and divorce. Through this alliance, physicians and lawyers come together to learn from each other, work together to help patients and clients going through high conflict separation and divorce, and to take action to address the public health issue of the immediate, long-term and intergenerational impacts of Adverse Childhood Experiences (ACEs).
In April, the FamiliesChange.ca website was relaunched with new resources to help parents support their children’s well-being through a separation or divorce. We encourage lawyers to share these resources with clients, colleagues, friends or anyone going through a separation or divorce to help them navigate this significant change and stressful transition.
FamiliesChange.ca website was developed by the Justice Education Society of British Columbia with support from the Department of Justice Canada and the BC Ministry of Justice. Resources were developed by the Health and Justice Alliance, along with the Shared Care Committee, the Law Society of BC, Justice Education Society of BC and other partners.
Speaker biographies
Dr. Ramneek Dosanjh is a family physician, hospitalist and child and youth mental health advocate. She is currently the President of the Federation of Medical Women of Canada and has been a participant at the United Nations Commission on the Status of Women for the last two years. She was instrumental in the recent healthcare reform in British Columbia and on the negotiating team for the creation of BC's new payment model. She is an active member of the Indigenous Specific Anti Racism Committee. Dr. Dosanjh has been involved with the Health Justice Alliance since its inception, facilitating its first dialogue between physicians and lawyers in 2022. She is passionate about social justice, equity and fiercely dedicated to the reform of antiquated systems.
She has previously served in executive leadership roles such as President of Doctors of BC and BC Family Doctors. She was also a member of Doctors of BC’s Representative Assembly, Digital Health Collaborative and BC coroner's toxic drug supply steering committee. She previously served as a board member for her Division of Family Practice and on the Child Health BC board for four years. She has been involved in her hospital, health authority, UBC, and the Medical Council of Canada. Dr. Dosanjh was the physician lead for Child/Youth Mental Health Substance Use Collaborative in White Rock/South Surrey and has been a consultant with the White Rock South Surrey Child youth mental health Triage consulting team since its creation. She was also appointed to the Transform the Family Justice System Collaborative Strategy Committee.
Tanya Chamberlain is a family law lawyer who was called to the bar in BC in 1995. Tanya’s family law practice is focused on consensual dispute resolution. She is a collaborative lawyer, family law mediator, arbitrator and parenting coordinator, and prepares Hear the Child Reports. In 2021, Tanya was elected as a Bencher of the Law Society and is currently the Chair of the Access to Justice Advisory Committee and a member of the Discipline Committee and the Eq
In this episode of LawCast BC, we are pleased to introduce you to the Law Society’s new Chief Executive Officer/Executive Director Gigi Chen-Kuo. We invite you to get to know Chen-Kuo as she shares insights into her experience in leadership roles and what she believes to be qualities of an effective leader. As a CEO who is passionate about empowering others, she shares her perspective on cultivating a healthy workplace, the importance of equity, diversity and inclusion and advice for anyone who is just starting their careers.
Gigi Chen-Kuo was appointed Chief Executive Officer and Executive Director of the Law Society in 2025 and is responsible for the overall strategy, key priorities and operation of the organization. Called to the Bar in 1991, Gigi worked in private practice before becoming in-house counsel for BC Transit and TransLink. At TransLink, she served in various leadership roles including General Counsel & Corporate Secretary, General Counsel & Executive Vice-President, Corporate Services, Interim Chief Executive Officer, and Chief Operating Officer. Her experience in the complex and dynamic public transportation environment is proof of her strong track record in serving the public interest and managing change.
Gigi has extensive experience in governance and serves on the boards of Coast Capital Savings Credit Union, the British Columbia Automobile Association, Transportation Investment Corporation and Union Gospel Mission. She is also member of the Allard School of Law Dean’s Advisory Council at the University of British Columbia. In 2022, Gigi was nominated for a YWCA Women of Distinction Award in the Business & the Professions category and was a shortlisted nominee for the Women’s Infrastructure Network’s Outstanding Leader Award.
Every February, people across Canada participate in Black History Month events and initiatives that honour the legacy of Black people in Canada and their communities. The theme for this year’s Black History Month is “Black Legacy and Leadership: Celebrating Canadian History and Uplifting Future Generations.”
In this month’s episode of LawCast BC, we invited Cecilia Barnes, president of the Canadian Association of Black Lawyers (CABL) BC Chapter, to speak about how she chose a career in law, her personal stories of growing up as a Black student and practising as a Black lawyer, the work of the CABL and how it has made a difference in her life, as well as her advice for young lawyers entering the profession.
Barnes is a commercial lawyer at Lawson Lundell, specializing in Technology Law and Privacy within the Corporate Commercial Group. Her expertise lies in delivering business-centric legal advice to technology companies and identifying solutions and mitigating risks. She advises a broad range of clients in the technology sector, including early-stage companies, growth-stage companies, entrepreneurs and investors.
The Canadian Association of Black Lawyers (CABL) was formed in March 1996, with a mission to uplift and celebrate the achievements of Black professionals within the legal field by offering its members access to job opportunities, mentorship, and professional growth opportunities. If you are interested in getting involved with CABL, visit their website to learn about its events and initiatives and the benefits of joining the association.
Resources for Black History Month
Visit the following educational resources to learn more about the history of Black communities in Canada.
- Find out how you can support and get involved with the Canadian Association of Black Lawyers (CABL).
- Explore City of Vancouver’s Black History Month events and learn about Black history in Vancouver. Check your local municipality’s website to see how they are marking Black History Month.
- See Vancouver Public Library’s resources for adults, kids and teens, including a reading list and digital library on Black History Month. Visit your local library for book recommendations for Black History Month.
- The British Columbia Black History Awareness Society (BCBHAS) celebrates the achievements of Black people in British Columbia. Be sure to check their event listings for this year’s Black History Month.
- The UBC Black Caucus is an independent organization at the University of British Columbia that brings together Black students, staff, and faculty from across UBC’s campuses. Their website also offers a list of resources for the Black community and beyond.
- The Royal BC Museum is holding two events for Black History Month: BC Black History and Heritage Day and a Black History Month Fashion Show
- Black Women Connect Vancouver inspires, empowers and supports black women living throughout the lower mainland, by hosting events and providing resources for teens and moms.
- LifeSpeak has a variety of exper
Ahead of the National Day for Truth and Reconciliation, we are honoured to speak with Hank Adam, a speaker with the Orange Shirt Society. The Orange Shirt Society was formed in 2015 to create awareness of the individual, family and community inter-generational impacts of residential schools, to support reconciliation and to promote the truth that “every child matters.”
Hank is here to share his story with us and to raise awareness on the effects of residential schools and the legacy they have left behind.
This episode contains references to violence. Please take care when listening. Residential school survivors and their families who need help can call 866.925.4419 for emotional crisis referral services and information on other health supports from the Government of Canada. Indigenous peoples across Canada can also go to The Hope for Wellness Help Line 24 hours a day, 7 days a week for counselling and crisis intervention. Call the toll-free Help Line at 1.855.242.3310 or connect to the online chat at hopeforwellness.ca.
For resources on Truth and Reconciliation, visit the National Centre for Truth and Reconciliation’s website at nctr.ca.
A special thank you to Vicki George, Senior Advisor, Indigenous Engagement, for providing support for the recording of this episode.
Generative AI tools such as Chat GPT continue to make headlines and numerous industries are already feeling the impacts and implications of these tools, including the legal industry.
We have invited guest speakers Jon Festinger, KC and Robert Diab to chat about the ways that AI has been used to help practice law, the risks in using AI tools and how AI could potentially change how people access legal services. Jon and Robert are working on putting a course together on AI, Law and Justice, which will be taught by them next year at Thompson Rivers University.
Jon Festinger, KCis a Vancouver based counsel and educator. As an Adjunct Professor at UBC’s Allard School of Law, he has taught a wide variety of law courses relating to intellectual property, media and communications, and business for more than 30 years. He also teaches at Thompson Rivers University. Jon practices law as Of Counsel at the law firm of Chandler, Fogden, Lyman.
Robert Diab is a professor at Thompson Rivers University’s Faculty of Law. He writes about constitutional and human rights, and topics in law and technology. This includes work on privacy, encryption, and AI, and on powers of detention, search, and public order policing. Prior to teaching at TRU, Robert practiced criminal and administrative law in Vancouver.
We encourage lawyers to read the Law Society's Guidance on Professional Responsibility and Generative AI to help them consider the use of generative artificial intelligence (AI) tools in their legal practice. The guide is focused on the use of AI tools powered by large language models that can create new content or data based off of the data it was trained on, such as Open AI’s ChatGPT-4 or Google’s Bard.
Discrimination and harassment, including sexual harassment, in the workplace are serious problems in society, and the legal profession is not immune to it. As the regulatory body for lawyers, the Law Society has an important role in ensuring lawyers do not engage in harassing or discriminatory behaviors.
In the latest episode of LawCast BC, Sarah Sharp, Equity Advisor at the Law Society speaks about her role in supporting those who have experienced or witnessed harassment, discrimination and bullying in the legal profession. She addresses challenges faced by those who experience or witness this harmful behaviour, including retaliation, and outlines the supports and resources available. She also speaks to the recent expansions to sections of the BC Code on discrimination and harassment.
Given the nature of this topic, the situations and content covered in this podcast may be triggering for some listeners. Please take care when listening.
Lawyers, articled students, law students and support staff of legal employers who have a concern or a question are encouraged to contact the Equity Advisor at equity@lsbc.org or 604.605.5303.
Here are some resources mentioned in this episode:
- Section 6.3 of the Code of Professional Conduct for British Columbia on harassment and discrimination
- Information about the Equity Advisor, including contact information
- Advice Decision-Making Assistant on Law Society of BC's website
- Lawyer Well-Being Hub on Law Society of BC's website
- Complaints about Sexual Misconduct, Harassment or Discrimination on Law Society of BC's website
- Us Too? Bullying and Sexual Harassment in the Legal Profession study and report by the International Bar Association
- National Study on the Psychological Health Determinants of Legal Professionals in Canada
- Guidance for Lawyers on Using Inclusive Language provided by Law Society of BC
- Mental Health Forum for Legal Professionals – Part 2, originally presented on February 6, 2024
- Rule of Law Matters podcast episode: Season 1, Episode 14: Racism, equity, diversity and the rule of law
- LawCast BC podcast episode: When lawyers need help: Navigating mental health resources
In this episode, we are going to talk about one of the most critical areas the Law Society is addressing – meaningful Indigenous reconciliation and cultural safety.
In July 2023, the Law Society's board of Benchers approved recommendations from the Indigenous Engagement in Regulatory Matters Task Force report, to remove systemic barriers experienced by Indigenous complainants and witnesses. Implementation of the task force’s recommendations is now underway.
Hear from Vicki George, Senior Advisor, Indigenous Engagement, who shares one component of her role that includes guiding the implementation of the Indigenous Engagement in Regulatory Matters Task Force’s recommendations. She also provides an introduction to the new role of the Law Society’s Indigenous Navigator, the importance of relationship building and the context that has informed the Law Society’s ongoing efforts and path toward reconciliation.
Read the full report and recommendations of the Indigenous Engagement in Regulatory Matters Task Force.
A national survey was published last year on the state of legal professionals’ mental health. More than half of respondents in BC reported experiencing psychological distress and many of them said they did not seek help despite needing it.
In this episode, we share information about one of the most pressing issues facing the legal profession – mental health. The Law Society is committed to supporting the mental wellness of lawyers and has taken a number of steps to increase access to resources and provide opportunities for connection and conversation.
Learn about our new mental health and wellness resources in this discussion with Claire Marchant, Director of Policy & Practice Support, and Rose Morgan, UX & Content Strategist. We chat about the types of support available, reducing stigma and dispelling some common myths about accessing help.
To find out more about all of the services Claire and Rose mentioned in this episode, visit the Lawyer Well-Being Hub on the Law Society's website.
Other resources referred to this episode include:
- The Trauma-Informed Lawyer podcast
- The National Study on the Psychological Health Determinants of Legal Professionals in Canada: Phase I Report
- The National Study on the Health & Wellness Determinants of Legal Professionals in Canada: Executive Summary
Conservative Member of Parliament Michael Chong joins host Jon Festinger to talk about the government's use of "orders in council," legal secrecy and the unwritten rule of law on Parliament Hill.
Michael Chong was first elected to Parliament in 2004 and represents the riding of Wellington-Halton Hills. He currently serves as Shadow Minister for Foreign Affairs for the Official Opposition.
He's previously served in the federal cabinet as President of the Queen’s Privy Council, Minister of Intergovernmental Affairs and Minister for Sport as well as serving as the chair of several House of Commons standing committees.
Renowned criminal defence lawyer Marie Henein joins host Jon Festinger to talk about the role of lawyers, what influenced her to be a lawyer, and current threats to democracy and the rule of law that are taking place around the world.
Marie Henein is a senior partner at Henein Hutchison LLP, recognized in Canadian Lawyer as one of the country’s Top Ten Litigation Boutiques. She has been interviewed on CBC’s The National, written for The Globe and Mail, and is a sought-after speaker. She recently released her memoir Nothing But the Truth, which weaves her personal story with her strongly held views on society’s most pressing issues, legal and otherwise.
Marie Henein will be speaking at the Law Society's Rule of Law Lecture on April 4, 2022. For information on the event and how to register, visit our website.
Is everyone equal before the law? In light of the recent surge in anti-Asian racist events in BC, we take this episode to examine how racism was built into our legal system, discrimination in the legal profession and how that impacts everyone.
Dr. Carol Liao joins Andrea Hilland, policy lawyer at the Law Society of BC, and host Jon Festinger for a roundtable chat on racism, equity, diversity and inclusion and the rule of law. Dr. Liao recently spoke about her experience as an Asian lawyer in the Federation of Asian Canadian Lawyer's documentary "But I Look Like a Lawyer."
Dr. Carol Liao is an associate professor at the Allard School of Law and the UBC Sauder Distinguished Scholar of the Dhillon Centre for Business Ethics at the Sauder School of Business. In 2021, Carol received the Influential Women in Business Awardfrom Business in Vancouver and was named as one of Canada's Top 100 Most Powerful Women by the Women's Executive Network.
In this new episode, our host Jon Festinger and Michael Lucas, director of policy and planning at the Law Society, take a look back at the first season of Rule of Law Matters and the events that have transpired since the podcast launched in September. They chatted about how this podcast began, whether the rule of law is a western concept that is applicable world wide, and recent threats to the rule of law in Hong Kong, Poland, Zimbabwe, the United Kingdom, and right here in Canada.
If you want to know more about the rule of law, visit the Law Society's website at lawsociety.bc.ca. If you liked today's episode, please subscribe and leave us a review wherever you get your podcasts. If you have suggestions or comments, please send them to us at podcast@lsbc.org.
What exactly does a prosecutor do? And whose interests do they represent? Senior prosecutor Christopher McPherson, QC walks us through the role and duties of a prosecutor and the standards that must be met before prosecutors decide to lay a charge. We discuss the importance of prosecutorial independence, their separation from the investigation and the police, and why prosecutors don't represent the government's or the victims interests. Chris highlights the relationship prosecutors have with criminal defense lawyers and how they also play a key role in the justice system. Lastly, Chris talks about the rare occurrences of wrongful convictions, how new evidence might be discovered and what recourses people have.
Christopher McPherson, QC has been a prosecutor for nearly 22 years and has prosecuted over 40 homicide cases.
If you want to learn more about the rule of law, visit the Law Society’s website at lawsociety.bc.ca. If you liked today’s episode, please subscribe and leave us a review, wherever you get your podcasts. If you have suggestions or comments, send us an email at podcast@lsbc.org
We welcome Micheal Vonn to talk to us about COVID-19 and returning to the new "normal." Micheal is Chief Executive Officer of PHS Community Services Society, which provides housing, healthcare, harm reduction and health promotion for some of the most vulnerable and under-served people in Vancouver’s Downtown Eastside and Victoria. Prior to that, she served as policy director of the BC Civil Liberties Association for more than 15 years.
Micheal shared with us how she views the rule of law in the context of the COVID-19 pandemic. She compared the current situation to the war on terror, and how important it is not to end up in a state of exception, where normal rules don’t apply. We also talked about the lack of a vaccine injury compensation program and the need for data, as well as how important it is for scientists and doctors to have space to debate their ideas. Lastly, Micheal talked about the work of PHS with marginalized groups and described how COVID restrictions impact them.
Please note this episode was recorded on May 17, 2021 and new information has emerged relating to topics referred to in the episode. In particular, the federal government is now allowing Canadians who have experienced severe adverse reactions to an approved COVID-19 vaccine to apply for compensation. Check your local government's health guidelines for the most updated information.
If you want to learn more about the rule of law, visit the Law Society’s website at lawsociety.bc.ca. If you liked today’s episode, please subscribe and leave us a review, wherever you get your podcasts. If you have suggestions or comments, send us an email at podcast@lsbc.org
In this episode, Supreme Court of BC's Justice David Crossin shares with us his insights on the role of judges and the courts in protecting our rights and freedoms. He touches on how important it is for judges to be independent and impartial, and warns against governments overseas who continue to exercise arbitrary power when they attempt to undermine confidence in the judiciary or when they seek to control judges. He also talks about how the pandemic and new technologies have opened up access to the courts, and whether those changes could continue post-pandemic.
If you want to learn more about the rule of law, visit the Law Society’s website at lawsociety.bc.ca. If you liked today’s episode, please subscribe and leave us a review, wherever you get your podcasts. We’ve also set up an email to receive your feedback. If you have suggestions or comments, send us an email at podcast@lsbc.org
We invite the Honourable Irwin Cotler back to speak about the impacts of authoritarianism, closer to home.
Professor Cotler talked about recent events in the US, the mob attack on the Capitol building, and the rule of law implications. He also spoke about his time as special advisor to former Attorney General John Turner during the October Crisis in Canada in 1970, and the rationale for enacting the War Measures Act at the time. We then contrasted this Canadian historical event to what is happening right now in China, where Canadians Michael Kovrig and Michael Spavor are currently detained. He warned against foreign influences that are infiltrating right here, close to home. Lastly, Professor Cotler outlined specific steps we can take as a country to combat authoritarianism.
If you liked today’s episode, please subscribe and leave us a review, wherever you get your podcasts. We’ve also set up an email to receive your feedback. If you have suggestions or comments, send us an email at podcast@lsbc.org
On International Data Privacy Day on January 28, we bring you this special episode, featuring remarks from lawyer Richard Peck, QC at our previous Rule of Law Lecture. He highlights modern technology’s invasion into our privacy, how it compromises our freedoms, and how it all relates to the rule of law.
We’re also bringing him back for a short follow up interview. We ask him how things have changed over the past year, whether things are better or worse, and whether controlling the spread of COVID-19 is a good reason to compromise our privacy.
Richard Peck is the founding partner of Peck and Company. He has practised law for over four decades and is widely regarded as one of the leading criminal lawyers in Canada.
In this episode, Edmonton health lawyer Tracey Bailey and host Jon Festinger examine our rights and freedoms in the midst of a pandemic. Tracey walked us through some of the differences in legislation in BC and Alberta as it relates to emergency powers and explained the relationship between the medical officer and government officials. They also touched on some hot topics, like the orders that limit gatherings in our private homes, rules around mask wearing, and what fair vaccine distribution might look like.
We also fast forwarded to a post-COVID-19 world, and whether we might see litigation and law suits from those feel like they were not properly protected from the disease.
Tracey Bailey has worked in the area of health law, policy and ethics for almost 30 years. She practices law as counsel with Miller Thomson where she advises public and private health system and health professional clients, focusing on regulatory, strategic and risk management advice and government relations.
Earlier this year, BC ombudsperson Jay Chalke and his office found that two orders the BC government made in response to the pandemic were unlawful. In this episode, Jay explains the role of the ombudsperson in upholding the rule of law, how it helps people who have a concern with a government body, and why the public should care about how laws are made, enacted and implemented, even during a state of emergency.
To read the ombudsperson's investigative report and to find out more, visit the BC Ombudsperson's website.
We welcome back renowned international human rights lawyer the Honourable Irwin Cotler to discuss several examples of what authoritarianism looks like in countries like China, Iran and Saudi Arabia. He touched on the Chinese government’s treatment of Uighurs and the need for Canada and other countries to name it as genocide to oblige us to combat and prevent it. He also talked about the current dire situation of Iranian human rights lawyer Nasrin Sotoudeh, as well as blogger Raif Badawi and his lawyer Waleed Abulkhair in Saudi Arabia. Professor Cotler urged Canada and other democracies to act, or else their silence would embolden authoritarianism. In the end, he believes justice can and will prevail.
Professor Cotler is the Chair of the Raoul Wallenberg Centre for Human Rights and an Emeritus Professor of Law at McGill University. He is a former Minister of Justice and Attorney General of Canada and a Member of Parliament from 1999 to 2015. As an international human rights lawyer, he has worked for many years to free political prisoners and advocates for democracy around the world. Maclean’s has referred to him as “counsel for the oppressed” and the Oslo Freedom Forum has described him as “Freedom’s Counsel.”
In this episode, renowned international human rights lawyer Professor Irwin Cotler warns against the rise of authoritarianism in countries around the world, naming indicators such as erosion of the free press, criminalization of basic rights like free speech, and the imprisonment of lawyers. Adding to those dire circumstances, he noted that democratic nations are backsliding, becoming increasingly divided and polarized. He also walks us through his early influences and how those experiences shaped his values and ultimately, his career and his human rights work.
Professor Cotler is the Chair of the Raoul Wallenberg Centre for Human Rights and an Emeritus Professor of Law at McGill University. He is a former Minister of Justice and Attorney General of Canada and a Member of Parliament from 1999 to 2015. As an international human rights lawyer, he has worked for many years to free political prisoners and advocates for democracy around the world. Maclean’s has referred to him as “counsel for the oppressed” and the Oslo Freedom Forum has described him as “Freedom’s Counsel.”
President Craig Ferris and Jon Festinger discuss what it means for lawyers to be independent, why lawyers must represent their clients’ interests, and what could happen if lawyers are threatened for just doing their jobs.
What is the difference between the rule of law versus rule by law? Dr. Catherine Dauvergne talks to us about why the rule of law is a difficult concept to teach, a "thin version" and a "thick version" of the rule of law, different interpretations of the rule of law between countries and the need to hold countries accountable when their version of the rule of law is clearly flawed. From 9/11 and Donald Trump to Brexit, Dr. Dauvergne brings the rule of law lens to real-life events.
Dr. Catherine Dauvergne served as the eighth dean of the Peter A. Allard School of Law at the University of British Columbia from 2015 to 2020. Professor Dauvergne has been working in the area of refugee, immigration, and citizenship law over the past quarter of a century.
This episode is hosted by Jon Festinger, QC and was recorded in September 2020.
Craig Ferris, QC, president of the Law Society, and host Jon Festinger, QC kick off the series by explaining why the Law Society is launching this podcast, the basic pillars of the rule of law, and why people should care about the rule of law more than ever in our increasingly polarized society.