CLERKSHIP
HANDBOOK
Hiring for 2012/13
Career & Professional Development Office
Faculty of Law
The University of Western Ontario
London, ON
Career Services Office
Faculty of Law
University of Calgary
Calgary, AB
Career Development Office
Osgoode Hall Law School
York University
Toronto, ON
Career Development Office
Faculty of Law
McGill University
Montreal, QC
Career Services Office
Faculty of Law
University of New Brunswick
Fredericton, NB
October 2010
1
FOREWORD
The first eight editions of the Clerkship Handbook were updated and published by the Faculty of
Law at the University of Western Ontario. This ninth edition is the result of a collaborative effort
between various faculties of law across Canada.
In this handbook, you will find helpful information about selected clerkship programs offered
throughout Canada. It represents a compilation of data contained in brochures produced by the
courts as well as research, advice and comments from judges, past and present clerks, law
professors, students and career offices. This latest edition also includes information from a
wider range of Canadian courts.
While this Handbook endeavours to be as up–to–date and accurate as possible, it is
advised that you refer to specific postings and websites to cross–reference information.
It should also be noted that, at the time of publication, the courts in Manitoba, Newfoundland
and Prince Edward Island did not have formal clerkship programs.
2
Table of Contents
CLERKING ............................................................................................................................................... 4
APPLICATION DEADLINES FOR 2012–2013 CLERKSHIPS ............................................... 5
APPLICATION INFORMATION ........................................................................................................ 7
SUPREME COURT OF CANADA .................................................................................................. 10
FEDERAL COURT & FEDERAL COURT OF APPEAL ......................................................... 15
TAX COURT OF CANADA ............................................................................................................... 19
COURT OF APPEAL FOR ONTARIO .......................................................................................... 23
ONTARIO SUPERIOR COURT OF JUSTICE & ........................................................................ 28
ONTARIO SUPERIOR COURT OF JUSTICE–DIVISIONAL CRT....................................... 28
COUR D’APPEL DU QUÉBEC ....................................................................................................... 32
BRITISH COLUMBIA COURT OF APPEAL & .......................................................................... 35
BRITISH COLUMBIA SUPREME COURT .................................................................................. 35
COURT OF APPEAL OF ALBERTA ............................................................................................. 39
COURT OF QUEEN’S BENCH OF ALBERTA .......................................................................... 43
PROVINCIAL COURT OF ALBERTA ........................................................................................... 46
COURT OF APPEAL FOR SASKATCHEWAN ......................................................................... 48
COURT OF QUEEN’S BENCH FOR SASKATCHEWAN ...................................................... 52
SASKATCHEWAN PROVINCIAL COURT ................................................................................. 55
NOVA SCOTIA COURT OF APPEAL .......................................................................................... 58
NEW BRUNSWICK COURT OF APPEAL .................................................................................. 60
CLERKING IN IQALUIT, NUNAVUT - NUNAVUT COURT OF JUSTICE ........................ 62
APPENDIX ............................................................................................................................................. 66
WHY YOU SHOULD APPLY FOR A CLERKSHIP AT THE SUPREME COURT OF CANADA
............................................................................................................................................................................... 66
CLERKING AT THE SUPREME COURT OF CANADA .................................................................... 68
CLERKING AT THE SUPREME COURT OF CANADA .................................................................... 82
CLERKSHIP AT THE FEDERAL COURT OF APPEAL FOR MR. JUSTICE SEXTON .......... 84
CLERKING AT THE COURT OF APPEAL FOR ONTARIO............................................................. 87
CLERKING AT THE COURT OF QUEEN’S BENCH AND COURT OF APPEAL OF
ALBERTA .......................................................................................................................................................... 91
CLERKING AT THE COURT OF QUEEN’S BENCH AND COURT OF APPEAL OF
ALBERTA .......................................................................................................................................................... 94
ADVICE AND COMMENTS FROM OSGOODE ALUMNI ................................................................. 96
CLERKSHIP INTERVIEW EXPERIENCES ............................................................................................ 99
3
CLERKING
A.
INTRODUCTION
Clerking is a prestigious and unique alternative to articling. Judicial clerkships are usually 12–
month terms that satisfy the “articling” requirement of the licensing process. However, clerking
is not restricted to your articling year. Some law school graduates clerk after graduate school or
following their call to the bar. Several courts in Canada, both at the trial and appeal levels, offer
clerking opportunities. Under the direction of one or more justices, clerks research points of
law, prepare memoranda of law, and attend court proceedings. In short, they learn how the
justice system works.
B.
ADVANTAGES OF CLERKING
Challenging opportunities to learn about diverse areas of law and advocacy skills;
Receiving unique insights into how complex legal and policy arguments are decided;
Gaining a solid understanding of court procedures, rules of civil procedure, sentencing
principles, rules of statutory interpretation, and (where applicable) standards of appellate review;
Developing strong legal reasoning and legal writing skills;
Having personal contact with judges and the opportunity to candidly discuss cases with judges;
Benefiting from high prestige of position in future academic and career endeavors, including
graduate school, work with law firms, the government, and internationally. For example, some
U.S. firms regard clerkships highly and may “credit” clerks (i.e. hiring them as second year
associates after clerkship) and offer other significant bonuses to clerks;
Manageable work hours (40–50 hrs./wk.) depending on the judge, clerk, and circumstances.
C.
DRAWBACKS OF CLERKING
No “hirebacks” at courts – however, employment prospects for former clerks are usually quite
favourable and at some courts clerks join a hiring pool for government positions;
Clerk salaries are significantly lower than those at large firms;
Fees associated with the lawyer licensing process are not usually covered.
4
APPLICATION DEADLINES FOR 2012–2013 CLERKSHIPS
OCTOBER
October 31, 2010
Court of Appeal for Saskatchewan
NOVEMBER
Early November
Nunavut Court of Justice
{For 2011 – 2012}
DECEMBER
December 1, 2010
(by Noon)
Court of Queen’s Bench of Alberta
{Both Edmonton and Calgary}
December 1, 2010
(by Noon)
Court of Appeal of Alberta
{Both Edmonton and Calgary}
December 31, 2010
Tax Court of Canada
JANUARY
January 4, 2011
(by 3:00 p.m.)
Supreme Court of Canada – submit to the SAO
End of January
New Brunswick Court of Appeal
January 24, 2011
(by 4:30 p.m.)
British Columbia
(Supreme Court and Court of Appeal)
January 28, 2011
Federal Court & Federal Court of Appeal
January 28, 2011
Court of Appeal for Ontario
January 28, 2011
(by 5:00 p.m.)
Ontario Superior Court of Justice
January 28, 2011
(by 5:00 p.m.)
Ontario Superior Court of Justice –
Divisional Court
FEBRUARY
Early February
Cour d’appel du Québec
5
February 18, 2011
Court of Queen’s Bench for Saskatchewan
MARCH
March 31, 2011
Provincial Court of Alberta
{Both Edmonton and Calgary}
March 31, 2011
Nova Scotia Court of Appeal
MAY
May 13, 2011
Saskatchewan Provincial Court
** These courts have specifically requested the Faculty of Law to collect applications from
students before the official deadline; therefore, students should treat Faculty’s internal deadline
date as final.
6
APPLICATION INFORMATION
A.
GENERAL
Students should consult the section on the courts for specific application requirements. Keep
the following points in mind:

Generally, application deadline dates are much earlier than private firms with most
falling in January and February but others even earlier.

Application requirements also differ as a sample of legal writing, official transcripts
(not copies), reference letters, and a recommendation from the Dean may be required.

Depending on the level of court, clerkships can be highly competitive. Students with
strong academic interests and standing have the best chance of clerking at the most
senior levels of courts, especially at the Supreme Court of Canada. However, do not
make the erroneous assumption that your grades and other qualifications will prevent
you from securing a valuable clerkship. Generally, the courts are looking for students
who have a record of solid academic performance, not straight A’s.

Start early! This includes researching the various courts, drafting your application, and
obtaining reference letters.
If you have general questions about clerkships, students can contact Catherine Bleau, Director
of the Career Development Office – catherine.bleau@mcgill.ca. For questions about Supreme
Court clerkships, please contact Professor Hoi Kong – hoi.kong@mcgill.ca.
B.
COVER LETTER, RÉSUMÉ, AND REFERENCES
Draft your cover letter and résumé specifically for the clerkship application process, focusing on
your research and writing skills.
Unlike résumés that are submitted to traditional law firms, courts tend to look for more
substantive material; therefore, your résumé can be longer than two pages.
Keep in mind most courts are looking for:




strong analytical ability to deal with complex legal arguments, critically and logically;
excellent writing skills, with the ability to clearly summarize long and complex arguments;
excellent research abilities, and in general, good problem–solving abilities; and,
strong capacity to work collegially, as well as to take initiative and to work independently
Your best references will come from law professors who know you and can comment on your
research and writing skills. Therefore, doing independent research projects with a professor is a
great way to build an academic relationship.
7
Acquiring reference letters from professors who have clerked with the particular court you are
applying to is helpful. References from former non–academic employers and law firms are not
as relevant.
 Remember to give your referees plenty of time to draft the letters and also be sure to supply
them with a copy of your most current résumé as well as the correct address and contact
name for the court to which you are applying. To avoid confusion, also remind your referees
to indicate your name on the front of the sealed reference letter, particularly if it is being sent
independent of your application.
C.
WRITING SAMPLE
Many courts require one or more writing samples and/or generally look for strong research and
writing skills. Here are a few suggestions:
D.

It is a good idea to have a legal paper, case comment, or article that you can include
with your application or make reference to in your cover letter and/or interview. If a
court does not require a writing sample, it is still recommended that you make reference
to one in your cover letter.

If submitted with your application, the writing sample need not be the copy graded by the
professor. In fact you can make any changes or corrections recommended by the
professor to improve your paper.

If a court asks candidates to submit “writing samples” but does not specify how many,
assume that two samples are sufficient. If you have more than 2 samples that you
would like to include, feel free to do so.
TRANSCRIPTS
A number of courts require official transcripts, not copies, to be included with the application.
Official transcripts are sent by the institution directly to a third party or are given to the student in
a sealed envelope. Turnaround time can be lengthy so remember to order them early. Be
sure to include all post–secondary transcripts, including CECEP marks (for Quebec students).
Additional notes:
If you are applying to the Supreme Court of Canada, remember to include your sealed transcript
with the application you submit to the Student Affairs Office (SAO, NCDH 433).
If your Fall Term marks are not available by the deadline, you should include the most recent
transcript with your application. When your up–to–date transcript that includes your Fall Term
marks becomes available, send it to the court. If you are making such arrangements, indicate
this in your cover letter.
E.
TIPS FROM STUDENTS WHO ARE FORMER LAW CLERKS
8
 Clerks must possess research, writing, and summarizing skills. Thus, gain experience and
polish your skills while in law school.
 Clerks must be confident in their abilities and must be able to give their opinions to judges.
 It is recommended that you clerk as soon after law school or graduate schools as possible
because your chances for being hired as a clerk are better then.
 Do not be discouraged from applying even if you feel your grades are not competitive
enough. Varying past experiences and connections formed with judges during interviews
may get you the job!
 Apply to as many courts as possible even if you think you are not competitive enough for a
certain court.
 Consider clerking for more than one court. The experience will give you comparative and
in–depth insights into the Canadian judicial system.
 Students should enjoy legal research and must have the ability to process information very
quickly.
 Do some research and writing early on apart from the 1st year legal research and memo
writing assignment. Take on an independent study project or work on getting a publishable
article out of a seminar with a paper requirement.
 At the Supreme Court of Canada, judges are looking for good academic researchers, not
litigators. They are also looking for people who want the experience for its own sake, and
not as a stepping stone to something else.
9
SUPREME COURT OF CANADA
A.
INTRODUCTION
There are approximately 27 clerkships available with the Supreme Court of Canada in Ottawa,
Ontario, running from the beginning of August or September to the end of July or August of the
following year. In the past, some clerks began in January and ended their term in December.
Each Justice hires 3 clerks, often including 1 clerk who holds a civil law degree. By agreement
with the individual Justice, the period of employment may be extended for a period not
exceeding an additional 12 months. The Law Society of Upper Canada recognizes these
clerkships as fulfilling the articling requirement. It should be noted, however, that not all law
societies recognize service as a law clerk as fulfilling all or part of their articling requirements.
Completed applications must be received by the Student Affairs Office (SAO) by the
deadline. A summary of the application process is on p. 14. If you have any questions
about the application process, please consult Professor Hoi Kong (514-398-2945).
The Supreme Court asks all law school Deans to review applications and prepare a cover letter
for use by the Court. Following the deadline date and before the cover letter is prepared, the
Dean may wish to meet with the applicants individually. If so, you will be notified by his office.
B.
SALARY AND BENEFITS
At present the annual salary is $59,009 plus a fixed amount to assist with relocation from any
point in Canada to Ottawa and return. Law clerks will be engaged as term employees within the
Public Service and as such will receive benefits and conditions of employment as term
employees.
C.
DUTIES
A law clerk, under the direction of the Judge for whom the clerk works, researches points of law,
prepares memoranda of fact and law and generally assists the Judge in the work of the Court.
Furthermore, law clerks are expected to devote their full time and attention to the performance
of their duties. No time off is permitted to attend any bar admission course or examination
which may occur during the period of employment.
There is an article in the Appendix by Professor Erika Chamberlain on “Why You Should Apply
for a Clerkship at the Supreme Court of Canada”.
For more information about law clerks and the role they play at the Supreme Court see the
article on clerking coauthored by Mitchell McInnes, Janet Bolton and Natalie Derzko that
appears at the end of this booklet.
D.
QUALIFICATIONS
Bachelor of Laws or a Juris Doctor from a recognized Canadian university or its equivalent is
required. Proficiency in one official language is mandatory. Candidates are requested to
10
indicate their level of proficiency in both official languages in reading, written and oral
proficiency. Only persons holding Canadian citizenship or having permanent resident status in
Canada or a work permit for Canada may apply. You must indicate in your application the basis
on which you are entitled to work in Canada. Preference is given to Canadian citizens.
Applications made by persons who are not Canadian citizens are accepted, however, if there
are sufficient qualified applicants who are Canadian citizens, the selection will be confined to
those applicants.
E.
THE APPLICATION
Completed applications must be received by the SAO by Tuesday, January 4, 2011. Following
McGill’s internal process, applications will be forwarded to the Supreme Court before the
January 24, 2011 deadline.
Applications should include the following:
1. A cover letter which addresses all requirements as listed on the posting;
2. A curriculum vitae;
3. official transcripts of all marks obtained in post–secondary studies, including law school and
any other post-graduate courses; **No Photocopies**
4. Four sealed letters of reference [which will include one from the Dean] addressed to: Cara
McLean, Chambers of the Chief Justice of Canada. One of these references may be from
the present Dean of the faculty where the applicant obtained his or her law degree. The
letters may be included with your application or sent separately by the persons who have
agreed to forward references.
The Supreme Court requirements specify that you need references from “four (4) persons,
including the Dean of Law.” You need only include three sealed letters of reference as the
Dean’s letter will be prepared after you have submitted all the above material. The Supreme
Court has not requested a writing sample so do not include one as it will not be considered.
However, it is recommended that you make reference to your writing in your cover letter. Note
that incomplete or late applications will not be circulated or considered.
Again, students must clearly indicate in their cover letters how they meet the requirements of
the position. The letter must not exceed one page.
All materials/envelopes should be clearly marked “Clerkship Application 2012−2013”.
All letters should be addressed to:
Ms. Cara McLean
Chambers of the Chief Justice of Canada
Supreme Court of Canada
301 Wellington Street
Ottawa, Ontario
K1A 0J1
Questions may be directed to:
Ms. Cara McLean
Chambers of the Chief Justice of Canada
11
lcp-paj@scc-csc.gc.ca
F.
INTERVIEWS
Only those selected for an interview will be contacted and at that time will be asked to provide
two (2) writing samples. The Judges of the Court will conduct interviews during the week of
March 7, 2011. Candidates to be interviewed will be advised by letter, e-mail or telephone and
should include in their materials an address, e-mail address and telephone number where they
can be reached or a message can be left during the day. All hiring will be completed by April 1,
2011. Unsuccessful interviewees will be advised by April 1, 2011, or as soon as possible
thereafter.
G.
APPLICATION AND INTERVIEW ADVICE FROM UWO STUDENTS, CLERKS,
PROFESSORS AND VISITING JUDGES
Applications and Interviews

Do not be discouraged if you do not get a position after 2nd year. The clerkship application
process is extremely competitive and it is not uncommon to see SCC clerks who have
recently been called to the bar or who are lawyers who have been in practice for a few
years. Because the SCC is very competitive and marks are the easiest way to narrow the
applicant pool, strong academics are very important. Your best references will come from
professors who can comment on your research and writing skills. If possible, have
something you can show the judge, such as a legal paper, case comment, or article. –
Wendy Adams, Professor and Former SCC Clerk (Oct/99)

The SCC is looking for someone with good marks (strong B+ average), experience, and
reference letters. The reference letters should be academic. This does not necessarily
mean you have to get letters from law professors only. For example, well–known political
science professors or constitutional scholars are very good references. References from
former non–academic employers and law firms are less relevant. Keep in mind that
interviewers want you to do well. You should be prepared − know your CV, re–read any
relevant articles, legal papers, or cases. – Richard Gold, Professor and Former SCC Clerk
(Oct/98)

Draft your cover letter and résumé specifically for the clerkship application process,
focussing on research and writing skills as well as your community interests. I had
interviews with the SCC and with law firms. The SCC seems interested in you as a full
individual (e.g. what does law mean to you, what issues are you interested in, etc). I found it
very helpful to consult with professors when I was preparing my application. References
make ALL the difference so make sure you have established relationships with professors.
Also make sure you do not see your reference letters – they have more value that way. The
SCC is not generally looking for one–dimensional people. Good marks and good writing
skills are not necessarily enough. The Court looks for community mindedness as well.
Therefore, you should keep up your extra–curriculars while you are in law school. UWO
Grad and 1999/00 SCC Clerk (Oct/98)
12

The interviews are generally 30 minutes each and are conducted by the judges individually.
They are scheduled consecutively; therefore, if you have more than one, be prepared to
interview without a break. Each judge has a very different interview style. Some will ask
substantive questions while others do not. Some will engage you in a debate about judicial
activism. It’s not a bad idea to have a case in mind that you are interested in and
knowledgeable about and offer it up for discussion. Former UWO Student and 2000/01
SCC Clerk (Oct/99)
13
SUPREME COURT CLERKSHIPS – POSTES D’AUXILIAIRES JURIDIQUES À LA COUR SUPRÊME
(for/pour 2012–13)
Applications for 2012–13 must be handed in at the SAO by
Tuesday 4 January 2011 (3:00 p.m.); an application
includes the following documents:
(1)
Les candidatures pour 2012–13 doivent être remises au plus
tard mardi le 4 janvier 2011 (15 h) au Secrétariat des études;
les candidats doivent fournir :
A curriculum vitae;
(1)
Un curriculum vitae;
(2)
Official transcripts of all marks obtained in all postsecondary studies (this includes CEGEP). If an institution
will not release an official transcript to you, have it sent
directly to Prof. KONG, c/o SAO (S.C.C. clerkship
applications), Faculty of Law, 3644 Peel, Montreal, H3A
1W9. For your legal studies at McGill, you may provide an
unofficial transcript, substituting an official transcript after
the January marks meeting.
(2)
Des relevés officiels de notes obtenues au cours de
toutes leurs études post-secondaires (ce qui comprend le
CEGEP). Si une institution ne remet pas de relevés officiels
aux étudiants, faites envoyer le relevé au Prof. KONG, a/s
Secrétariat des études (Stages à la C.S.C.), Faculté de droit,
3644 Peel, Montréal, H3A 1W9. Pour vos études juridiques à
McGill, vous pourriez fournir un relevé non officiel, y
substituant un relevé officiel après la publication des notes en
janvier.
(3)
A list of the names of three (3) referees who will
provide reference letters. The list should also mention that
your fourth referee is the dean.
(3)
Une liste des noms de trois (3) répondants qui
fourniront des lettres de recommandation. La liste doit aussi
mentionner que la quatrième lettre sera fournie par le doyen.
(4)
The three reference letters. These letters should be
addressed to: Office of the Chief Justice of Canada, Supreme
Court of Canada, Wellington Street, Ottawa, K1A 0J1, but
should be handed in to SAO by 4 January 2011 (3:00 p.m.).
(4)
Les trois lettres de recommandation. Ces lettres
doivent être adressées à : Cabinet du Juge en chef du Canada,
Cour suprême du Canada, rue Wellington, Ottawa, K1A 0J1,
mais doivent être remises au Secrétariat des études au plus tard
le 4 janvier 2011 (15 h).
(5)
A cover letter explaining why the position of law
clerk is being sought and addressing all requirements stated
on the posting found at http://www.scc-csc.gc.ca/empl/lcaj/prog-eng.asp. This letter must not exceed one page.
Address it to the Office of the Chief Justice of Canada; Dear
Chief Justice and Justices of the Supreme Court.
(5)
Une lettre motivant votre demande pour un poste
d’auxiliaire juridique et indiquant que vous satisfaites à toutes
les exigences mentionnées dans l’avis disponible à
http://www.scc-csc.gc.ca/empl/lc-aj/prog-fra.asp.
Vous
devriez vous en tenir à une seule page et adresser la lettre au
Cabinet du Juge en chef du Canada.
Students are responsible for ensuring that their application is
COMPLETE and at the SAO on 4 January 2011 (3:00
p.m.), to enable the dean to prepare a comparative letter of
reference as required by the Supreme Court. Incomplete or
late applications will not be considered.
Les candidats doivent s'assurer que leur demande est complète
et que TOUS les documents, y compris les lettres de
recommandation, sont au Secrétariat des études en date du
4 janvier 2011 (15 h), afin de permettre au doyen de préparer
une lettre de recommandation comparative tel que requis par la
Cour suprême. Les demandes incomplètes ou tardives ne
seront pas considérées.
The dean’s office forwards all of the applications directly to
the Supreme Court late in January 2011 by courier.
Le bureau du doyen s’occupe d’envoyer toutes les demandes à
la Cour suprême à la fin de janvier 2011 par messager.
For further information:
Pour plus d’information :
Prof. Hoi Kong
Supreme Court Clerkship Coordinator
398-2945; hoi.kong@mcgill.ca
Prof. Hoi Kong
Coordonnateur des stages à la Cour suprême
398-2945; hoi.kong@mcgill.ca
14
FEDERAL COURT & FEDERAL COURT OF APPEAL
A.
INTRODUCTION
The Federal Court [Trial Division] and the Federal Court of Appeal are national and bilingual
Courts. Judges of the Courts travel extensively as they sit in every province. There are normally
44 clerkships available: 12 clerks are hired for the Federal Court of Appeal and 32 for the
Federal Court. Each judge of the Court, except for those who have elected supernumerary
status, has a law clerk.
The Law Society of Upper Canada recognizes these one–year contract positions as fulfilling the
articling requirement. Other provinces may give partial credit to clerking to satisfy articling
requirements. Candidates should verify this with the law society of the jurisdiction in which they
will seek admission to practice.
Law clerks for the Federal Court and the Federal Court of Appeal will begin their terms on
Tuesday, August 7, 2012.
The Appeal Division serves as the following:
 Appellate body of the Trial Division of the Federal Court of Canada;
 Appellate body of the Tax Court of Canada; and
 Court of original jurisdiction for judicial review applications of federal boards such as the
Canadian
Labour
Relations
Board,
the
Canadian
Radio−Television
and
Telecommunications Commission, and the Human Rights Commission of Canada.
The Trial Division deals with matters (other than tax) that fall under federal jurisdiction. This
includes the following areas of law:








intellectual property law (patent, copyright, and trademark);
admiralty law;
refugee and immigration law;
aboriginal law;
human rights law;
constitutional law;
Crown liability (concurrent jurisdiction with Superior Court of Justice); and
reviews of federal minister decisions.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS




Salary - $55, 102 per annum.
Vacation – 3 weeks (15 working days)
Sick leave entitlement – sick leave entitlement is credited at the rate of 1.25 days per
month.
Volunteer leave – 1 day per fiscal year.
15



C.
Personal leave – 1 day per fiscal year.
Benefits –
o Dental Plan (premiums presently covered by employer);
o Public Service Health Care Plan (optional – employee and employer contribute);
o Long Term Disability Insurance (mandatory);
o Death Benefits (mandatory); and
o Superannuation Plan (mandatory).
Relocation allowance – taxable lump sum allowance based on the distance of relocation
and the number of dependants. The allowance is also payable at the end of the clerkship
term under certain conditions.
DUTIES
Under the direction of the Judges to whom they have assigned, law clerks research points of
law, prepare legal memoranda, edit judgments and assist in the preparation of speeches and
papers for presentation by a judge. At the Federal Court, law clerks also assist the
Prothonotaries. The areas of law to which the law clerks are exposed include administrative
law, Crown liability, intellectual property, admiralty, immigration, income tax, human rights,
aboriginal and environment law.
D.
CAREER PROSPECTS
The Federal Court of Canada literature refers to the success its law clerk programme
participants have had in securing employment after their call to the bar. While the majority are
now counsel at major law firms in Canada and abroad or with the Federal Department of Justice
or other agencies, others are counsel with various organizations such as the Canadian Medical
Association, Stentor Telecom Policy Inc., Mutual Life Assurance Co. and Superior Propane Inc..
Some have become law professors while others have become provincial Crown Attorneys.
Finally, some are with the United Nations and Foreign Affairs.
Following completion of the one−year clerkship term, law clerks are permitted to take 12 months
leave without pay. During this period, the law clerks remain eligible to apply for legal advisory
and other positions open only to employees of the Federal Public Service.
E.
QUALIFICATIONS
1. Bachelor of Laws or Juris Doctor or other law degree from a recognized Canadian Law
school or equivalent;
2. Language requirements vary according to the position. Proficiency in one of the official
languages is mandatory. Proficiency in the other official language is required for certain
positions only.
Please note that preference will be given to Canadian citizens. The Federal Court of Canada is
committed to employment equity.
F.
THE APPLICATION
16
Candidates must provide the following materials by January 28, 2011:
NOTE: Envelope must be clearly marked with “Law Clerkship Application 2012−2013”
1. a curriculum vitae [specify citizenship];
2. official transcripts of law school marks and copies of transcripts for all other post–secondary
studies;
3. three (3) letters of reference;
4. a letter explaining why the position is being sought (i.e. cover letter); and
5. one (1) sample of legal writing which the candidates have written themselves.
An application will be considered provided the documents over which the student has control
(curriculum vitae, letter of explanation and writing samples) are filed by the deadline. Official
transcripts and letters of reference which will be sent directly to the Court may follow; however,
the student should indicate in the cover letter that arrangements have been made for them to be
sent to the Court.
All material should be sent to:
Mr. Marc D. Reinhardt, B. Admin. – LL.L.
Director, Law Clerkship Program
Courts Administration Service
90 Sparks Street, 5th floor mailroom
Ottawa, Ontario
K1A 0H9
If you are applying to both the Appeal and Trial Divisions, you only need to submit one
application, as applications will automatically be considered for both Courts unless
indicated otherwise. If you are applying to only one, indicate this in your covering letter. For
further information regarding Federal Court of Appeal clerkships, please contact Mr. François
Giroux at (613) 995-4549 or by email at francois.giroux@cas-satj.gc.ca. For further information
regarding Federal Court clerkships, please contact Mr. Marc D. Reinhardt at (613) 995−4547 or
by e-mail at marc.reinhardt@cas-satj.gc.ca.
You may also visit the following websites:
Federal Court of Appeal www.fca-caf.gc.ca
Federal Court www.fct-cf.gc.ca
Courts Administration Service at www.cas-satj.gc.ca
G.
INTERVIEWS
Interviews will take place between February and May 2011 and are conducted by judges of the
Federal Court of Appeal and the Federal Court, either at the law school or at the Court’s local
office closest to the law school. Second and subsequent interviews may be held.
The selection process is usually completed by the middle of June in conjunction with most of the
Ottawa firms that hire articling students. However, where there are new judicial appointments to
the Court, interviews may be held at any time. Additional clerks may be hired right up to the
time the clerkship term begins. Students should note that these additional positions are not
17
always advertised; therefore, interested candidates should ensure they inform the Court of their
continued interest.
H.
APPLICATION AND INTERVIEW ADVICE FROM UWO STUDENTS, CLERKS,
PROFESSORS, AND VISITING JUDGES

The interview tends to be informal. The judges want to discover what kind of person you
are, your interests, and your ability to interact with others. – Lemieux J. (Oct/99)
18
TAX COURT OF CANADA
A.
INTRODUCTION
There are approximately 12 clerkships available with the Tax Court of Canada in Ottawa. This
number changes depending on operational requirements. Unlike other courts, students are not
assigned to any particular judge. However, discussion and interaction with the judges is
encouraged, and generally the judges have an open door policy.
The provincial law societies generally recognize articling at the Tax Court of Canada as fulfilling
all or part of their articling requirements. The Law Society of Upper Canada recognizes it in full.
However, it is the responsibility of the applicants to confirm this with the law society in question.
Currently, there are approximately 25 judges at the Tax Court of Canada. The Tax Court of
Canada deals with disputes between individuals and the Crown arising under the Tax Court of
Canada Act or any other act under which the Court has original jurisdiction.
As described in its literature, the Tax Court of Canada offers Canadians the following:
 an independent review of Canada Customs and Revenue Agency (CCRA)
decisions;
 an independent review of applications for extensions of the time for appealing to
the TCC or the Federal Court of Canada;
 at the CCRA’s request, the interpretation of legislation within the TCC’s fields of
jurisdiction;
 the awarding to parties of legal costs arising out of court proceedings; and
 the provision of information and documents on appeals before the Court and on
its past decisions.
Although the focus of the Court is on tax law, cases that come before the Court may involve
other areas of law such as corporate and commercial, family, constitutional, contracts, trusts
and estates law, among others.
Law clerks are generally hired on a determinate basis for a period of 12 consecutive months.
Starting date will be August 2, 2011, subject to operational requirements.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS
The current salary is $54,288. Clerks also receive 3 weeks (15 working days) of paid vacation.
Sick leave entitlement is credited at the rate of 1.25 days per month. Benefits include: dental
care plan, public service health care plan, disability insurance, death benefits, superannuation
plan.
C.
DUTIES
19
The majority of the workload consists of:
 preparing legal opinion of fact and law prior to the hearing of a case as well as
following the hearing of a case;
 researching specific legal questions; and
 reviewing, editing, and commenting on draft reasons for judgment.
The majority of files that the law clerks work on are appeals arising under the Income Tax Act
and Part IX of the Excise Tax Act (GST).
The clerks are usually not assigned to work for any one judge; rather, each judge decides
whether he or she requires the assistance of a clerk. The clerk co–coordinator ensures there is
an even workload among the clerks. When assigned to a file, a clerk usually works with a judge
on that file until it is closed, which may often take up to 9 months.
D.
CAREER PROSPECTS
Following their clerkship, many law clerks have great success moving into the tax practice of a
traditional law firm, the Department of Justice or the Department of Finance. Because of the
specialized knowledge they gain during their clerkship, law clerks often excel in tax litigation.
E.
QUALIFICATIONS
1. Graduation from a recognized Canadian law school or a law degree recognized by a
provincial law society;
2. Interest and proficiency in tax law and commercial transactions;
3. Introductory course in tax law and at least one additional course in tax law such as
international taxation or corporate tax prior to graduation;
4. Proficiency in both official languages is an asset but is not essential. Some positions will be
designated as bilingual;
5. Preference will be given to Canadian citizens;
6. Any appointment is subject to the applicant receiving a law degree before October 1, 2012.
F.
THE APPLICATION
Candidates must forward the following by December 31, 2010:
1. a cover letter
2. a résumé;
3. official transcripts of law marks and copies of all other marks obtained in post–secondary
studies; and
4. a list of three (3) persons, including: a) a senior professor of your law faculty; b) a professor
who has taught you at least one course in tax law, and c) one other person. These
individuals will be forwarding references on your behalf.
It is recognized that transcripts and letters of reference that must be sent directly to the Court
may follow. However, the applicant should indicate in the covering letter that these
arrangements have been made, and the documents must arrive shortly after the application
deadline.
20
Provide your current address and telephone number and the addresses and telephone numbers
where you may be contacted. Please specify your citizenship on your résumé. While official
transcripts need not be submitted with applications, they may be requested at interviews.
Please note that the letters of reference and transcripts will not be returned.
Applications must be mailed to:
Tax Court of Canada
200 Kent Street
Ottawa, ON
K1A 0M1
Attention: Julie Lauzon, Executive Legal Counsel, Chambers of the Chief Justice.
Tel: (613) 995−4789 or 1−800−927−5499
Email: clerkships-TCC@cas-satj.gc.ca
The TCC adheres to the principle of employment equity.
A tour of the premises and communication with a current law clerk can be arranged at any time.
For further information, you may contact Julie Lauzon, Executive Legal Counsel, Chambers of
the Chief Justice, at (613) 995−4789 or 1−800−927−5499 or write to: clerkships-TCC@cassatj.gc.ca
G.
INTERVIEWS
A preliminary screening of applications will be done to determine which applicants will be invited
for a first interview.
The first interview normally takes place in the city where the applicant is attending law school
and is conducted by a judge of the Court who has a sitting nearby. In the event that applicants
are required to travel to attend an interview, travel expenses may be authorized in accordance
with Treasury Board guidelines. The first interview will take place during the months of
February and March 2011.
A second interview, for those who are invited, will take place in Ottawa during the month of May
2011. This interview will be with the judges on the Law Clerk Committee. The results are
usually communicated by telephone within the following weeks.
Candidates are required to provide the interview panel with a sample of their writing.
H.

APPLICATION AND INTERVIEW ADVICE FROM UWO STUDENTS, CLERKS,
PROFESSORS, AND VISITING JUDGES
The Court primarily hears cases pertaining to income tax, GST, and employment insurance.
It also hears Canadian Pension Plan, Export/Import, and extension of time cases. Sittings
are held throughout the country and the Court also has its own facilities in major cities
(including London). Where it doesn’t, it uses federal/provincial facilities. Although students
can attend sittings outside Ottawa, they must do so at their own [financial] cost. – Rip J.
(Oct/99)
21

Qualities the Tax Court looks for include the following: ability to get along with people, good
academics, prepared to work, interested in tax, and solid grounding in law. A background in
accounting can be helpful but the Court’s focus is on open–mindedness and a varied
background (e.g. in undergrad). These qualities are sought because the Court hears a
variety of cases. Often, an income tax case will involve real estate or trusts law issues.
Some judges in fact do not prefer candidates with an accounting background because of
their tendency to approach tax law from a business perspective rather than a legal one.
Although a specialization in tax is not required, students in Western’s Tax Concentration
Program have a definite advantage. – Rip J. (Oct/99)

If you are in the Tax Concentration Program, indicate this in your cover letter or reference
letter. Also specify what the program entails (how many and what types of tax courses you
are required to take, etc.). The Court is interested in candidates who know tax case law –
Western offers a whole course devoted to this subject. – UWO Grad and 1999/00 Clerk
(April/99)

Interviews tend to be informal; often, you are asked to discuss a tax case of interest to you.
– Rip J. (Oct/99)

My interview was scheduled with 5 judges and the administrator of the clerking program. It
lasted 30 minutes. The administrator had some input but did not ask questions. The Court
was interviewing 20 people in 2 days; therefore, the schedule was tight. Each judge asked
some questions. Priority seemed to be placed on bilingualism, work experience, and the
fact that I was interested in tax. There were some substantive questions. I was asked if I
had read any interesting cases lately, and was also asked what I thought about a case
pertaining to a controversial provision in the Income Tax Act (the general anti avoidance
rule). I believe it was important to my success that I answered questions honestly from a
position that I believed was correct, even though one of the judges disagreed with me. I
would not recommend taking a very aggressive stance, but I believe it is important to state
an educated and well thought opinion. Don’t be afraid to tell your interviewers exactly what
you want; there is nothing wrong with politely and professionally communicating your
expectations and wants. – UWO Grad and 1999/00 Clerk (April/99)
22
COURT OF APPEAL FOR ONTARIO
A.
INTRODUCTION
There are up to 17 clerkships available and the Law Society of Upper Canada recognizes these
as fulfilling the articling requirement.
The Court of Appeal for Ontario is located in historic Osgoode Hall in downtown Toronto. The
Court is comprised of 24 judges who hear over 1500 civil and criminal appeals each year.
These appeals relate to a wide variety of issues including commercial, administrative, family,
criminal, and Charter law issues. The Court also hears various young offender proceedings in
addition to appeals argued by inmates in Toronto and Kingston. In 98% of cases, the Court of
Appeal is the last avenue of appeal for litigants in the province.
Clerks are given the option of starting their clerkships either at the beginning of August or just
after Labour Day. All clerks are required to stay to the end of June and encouraged to stay for
the duration of their 12-month contracts.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS
Comparable to other clerkship and government articling positions.
C.
DUTIES
Each law clerk is assigned two rotations. During those rotations each clerk works with one or
two judges. Close exposure to a variety of judges ensures a wide range of experiences and
enables clerks to benefit from the knowledge and perspectives of several members of the Court.
Law clerks’ tasks can vary from judge to judge and include the following:
 preparing bench memos summarizing facts, issues and arguments for judges prior to the
hearing;
 engaging in pre− and post−hearing legal research in diverse areas of law;
 critically appraising complex legal arguments;
 editing draft judgments;
 attending hearings and having the chance to observe outstanding advocates; and
 discussing cases with judges.
Law clerks’ work with their individual judges is supplemented by activities and responsibilities
shared among the clerks. These additional responsibilities include organizing a seminar series,
in which members of the judiciary, prominent lawyers and other members of the legal
community are invited to discuss various topics with all of the law clerks. All clerks are given the
opportunity to travel to Kingston to assist judges in the hearing of appeals brought by
unrepresented prison inmates.
23
D.
CAREER PROSPECTS
In the Court’s brochure, the clerkship experience is described as one that equips law clerks with
skills and insights that enable them to follow one of numerous career paths. Because the
judges of the Court come from a variety of legal backgrounds, they are also able to provide
valuable advice and support to clerks in their employment search. Former clerks are now
pursuing successful careers in diverse areas, such as the following:








E.
Criminal Defence
Crown Prosecution
Academia
Politics
Corporate and Securities Law in Canada and the US
Civil Litigation
International affairs
Foreign Service
QUALIFICATIONS
The Court seeks applicants who are personable, well-rounded and who have strong academic
credentials. In addition, solid research, writing and analytical skills are important, as is the
ability to work well with judges and other staff. Bilingualism is an asset but is not required for
most positions. Applicants must be in their final two years of law school.
F.
THE APPLICATION
All application material must be received by the court by Friday, January 28, 2011.
All prospective candidates are required to submit the following as part of their application:
1. a cover letter [addressed to Justice Laskin]
2. a current curriculum vitae;
3. official transcripts of all university marks (photocopies of official transcripts are
acceptable);
4. two letters of reference (at least one from a law professor); and
5. one legal writing sample (do not submit a moot factum).
Application deadlines for the 2012-2013 Clerkship Program:
All candidates attending law schools in Ontario:
To your law school’s career services office by the internal deadline set by that office.
All other candidates submit directly to:
The Honourable Justice John Laskin
c/o Lori Levine
Coordinator, Legal Support Services
24
Court of Appeal for Ontario
Osgoode Hall, Concourse Level
130 Queen Street West
Toronto, Ontario M5H 2N5
Applicants are also invited to contact current articling students at the Courts if they have any
questions. Names and contact information of current articling students may be obtained from
the Courts’ brochure, or the posters. For further information, applicants are invited to visit the
Court’s web site at http://www.ontariocourts.on.ca/.
Travel Expenses to interviews in Toronto will be reimbursed up to $100.00 for those travelling
from within Ontario and up to $200.00 for those travelling from outside of the province of
Ontario. Complete a travel expense claim form when attending the Court for interviews.
G.
INTERVIEWS
All clerkship interviews will be the week of February 21 & 28, 2011 with one or more judges of
the Court. The judges usually travel to the Ontario law schools to conduct interviews. Some
schools’ Career Development Offices co–ordinate the interview schedule and then notify
students who have been selected. The Court will notify those selected to be law clerks for the
2012−2013 articling year by mid−late April 2011, but not before the Supreme Court of Canada
has completed its selection of clerks, whichever is later.
H.
APPLICATION AND INTERVIEW ADVICE FROM UWO STUDENTS, CLERKS,
PROFESSORS, AND VISITING JUDGES

The Court’s Frequently Asked Questions page, provides some excellent information on
the application and interview portions of the process –
http://www.ontariocourts.on.ca/coa/en/lawclerkprogram/faq.htm

The Court of Appeal processes a lot more cases than the SCC (approx. ten times the
caseload of the SCC). It also acts very much as a “gatekeeper” versus the SCC which
makes policy for the country. By gatekeeper, I mean it functions to prevent the
floodgates from opening based on decisions of the SCC. The Court of Appeal is an
intermediate appellate court and the highest court in Ontario and, therefore, it does set
the policy for Ontario. The Court also tends to be more practical. A number of the
judges have backgrounds in business law as compared to those of the SCC who may
have more academic backgrounds. The Court of Appeal generally does not have
discretion to decide whether to hear cases as the SCC does. – Richard Gold, Professor
and Former Ont.C.A. Clerk (Feb/99)

Although it is not a 9−5 job, the work schedule is manageable. My typical workday was
from 8:30−6:30. − UWO Grad and 1999/00 Clerk (Oct/99)

Clerks will tend to learn a lot more about advocacy at the Ont.C.A. than at the SCC. At
the Ont.C.A., clerks will see more facta and hear more arguments, both good and bad.
– Richard Gold, Professor and Former Clerk of the Ont.C.A. and S.C.C. (Feb/99)
25

The clerks review appeals that the judges think will be “troublesome” and the judges
generally look to the clerks for criticism of judgments. As to the work atmosphere, it is
excellent – it is collegial and informal and doors are open for discussion on a regular
basis. This year, the judges also organized a mock appeal for all interested clerks to
give them advocacy experience and immediate feedback. − O’Connor J.A. (Oct/99)

Aside from the typical responsibilities, clerks also spend a limited amount of time
engaging in recruiting, organizing desk books, and giving tours of the Court. The offices
of the clerks are separated from the offices of the judges. Generally, clerks keep a suit
in the office but otherwise dress casually. − UWO Grad and 1998/99 Clerk (Nov/98)

The Court looks for excellent writing, analytical, and problem solving skills. Any
experience that demonstrates these skills is valued (e.g. research assistant) – UWO
Grad and 1998/99 Clerk

Interviews are very short – each is scheduled for about ½ hour. The interview lasts
about 20 minutes (maximum) and the interviewers use the last 10 minutes to review
without the candidate present. There will usually be two judges and one law clerk
conducting the interview. They will have your résumé, transcripts, and writing sample
with them. You should be very familiar with your writing sample and it is possible that
you may be questioned on it. The interviewers typically do not ask substantive
questions. This is the only interview before a decision is made. It is important to be
yourself. Judges expect integrity and honesty; therefore, reflect these qualities in your
answers. You should answer questions with certainty, conveying the impression that
you will be clerking (i.e. after clerking, I plan to do X, Y, and Z). The Court usually
selects one or more clerks from each of the Ontario law schools. If you have interviewed
with the SCC, the Ont.C.A. will extend the time of the offer until you find out whether or
not you have received a SCC clerkship offer. This was not done in the past. – Richard
Gold, Professor and Former Ont.C.A. Clerk (Feb/99)

Some typical questions include:
 Why do you want to clerk? This is one of the key interview questions and telling
them it will look good on your résumé is not a good answer. You should convey your
enthusiasm about clerking and your passion for the law clearly.
 What do you plan to do after clerking/articling? What are your goals? Have you
applied to any other courts? What will you do if you are offered a position by the
Supreme Court of Canada, Federal Court of Canada, etc.?
 Why do you want to clerk at the Ontario Court of Appeal? You should have an
understanding of what the Court does when you answer this question – articulate this
or have it in mind when you give an answer. You should also read the literature
available on the work of the Court. − Richard Gold, Professor and Former Ont.C.A.
Clerk (Feb/99)
Comments on Career Prospects

Hiring record is excellent. At Borden & Elliot (where Justice O’Connor was a former
partner), clerking was considered an advantage. Judges also feel it is important to
assist clerks in obtaining a job. It is also common to see clerks who summer at law firms
between their second and third year of law school and then return to those firms after
finishing clerkship. For students who are interested in litigation, clerkship is a definite
26
advantage because it offers a unique opportunity to learn and anticipate what judges
think about written and oral advocacy approaches. − O’Connor J.A (Oct/99)

Jobs are not a big concern. Clerks who summered at law firms between second and
third year of law school generally have the option of going back to the law firms they
worked for. Clerks seem to pursue a wide variety of career paths, including private
practice in Canada or the U.S., graduate studies, and business. Boutique litigation firms
tend to look very favourably upon Court of Appeal clerks. – UWO Grad and 1998/99
Clerk and (Nov/98).
27
ONTARIO SUPERIOR COURT OF JUSTICE &
ONTARIO SUPERIOR COURT OF JUSTICE–DIVISIONAL CRT
A.
INTRODUCTION
There are approximately 22 clerkships available and the Law Society of Upper Canada
recognizes these one–year contract positions as fulfilling the articling requirement. Two
clerkship positions are with the Superior Court of Justice – Divisional Court. Interested students
should refer to the next section to learn more about these positions.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS
Salary and benefits are the same from region to region. Law clerks are contract employees of
the Ministry of the Attorney General and are represented by the Association of Law Officers of
the Crown (ALOC). Benefits include vacation pay, statutory holiday pay, 4% pay in lieu of
benefits, paid sick days and an educational stipend. Law clerks are also included in the Ministry
of the Attorney General hireback pool and may apply for internal counsel positions after clerking
and completion of bar admission.
C.
DUTIES
Successful candidates will work closely with judges and become involved in many aspects of
the civil and criminal trial process. Law clerks are encouraged to attend trials, civil motions
court, jury selections, sentencing hearings, case conferences, bankruptcy hearings, summary
conviction appeals, and family court. The duties of clerks include the following:
 providing judges with oral opinions and written memoranda of law on a broad range of legal
topics;
 reviewing pleadings;
 preparing case summaries;
 assisting in drafting jury charges; and
 editing judgments.
Law clerks may also be invited to assist judges in preparing scholarly work, speeches and
presentations on law–related topics.
In Toronto, for each three or four month period at the Court, each law clerk is typically assigned
to work for eight to ten full-time and supernumerary judges. The judges themselves are
assigned to various rotations, including family, criminal, commercial, and civil.
In Brampton, Hamilton, London, Newmarket, Ottawa, Sudbury, Thunder Bay and
Windsor, the clerks provide assistance to all of the judges sitting in the region. These clerks
are exposed to diverse areas of the law and have the opportunity to develop year–long working
relationships with the judges in their region.
28
All law clerks attend educational seminars throughout the year in which judges and senior
counsel are invited to engage in informal discussions with the clerks. The clerks participate in
selecting the speakers to be invited and the topics to be discussed. Law clerks have also
traditionally been invited to attend judges’ conferences and training is provided to clerks during
an initial two-day orientation session.
The Divisional Court clerks in Toronto provide legal research to the judges assigned to the
Divisional Court and prepare pre–hearing bench memoranda. The Divisional Court clerkship
appeals most to those who have a strong interest in administrative, labour, constitutional,
judicial review and appellate legal issues.
The Divisional Court is the main forum for legal challenges to government action. High profile
cases include the same-sex marriage case, school closing cases across the province, a case
challenging the “zero tolerance” regime for doctors who sexually abuse patients, the Polewsky
case dealing with small claims court fees, and a variety of important environmental cases.
D.
LOCATIONS
* Students interested in clerking at the Superior Court of Justice, but not specifically the
Divisional Court, may apply for one of the 22 positions referred to in the separate Court
advertisement. Candidates may apply for both Superior Court of Justice and Divisional
Court positions. If applying for both, please submit only one application but clearly
indicate which positions you are applying for and your order of preference.
Website Links:
http://www.ontariocourts.on.ca/scj/en/lawclerkprogram/articling.htm
http://www.ontariocourts.on.ca/scj/en/lawclerkprogram/articlingdiv.htm
There are approximately 10 positions available in Toronto, and a total of approximately 12
positions in the following centres:
Brampton (2),
Hamilton (2),
London (1),
Newmarket (2),
Ottawa (2),
Sudbury (1)
Thunder Bay (1) and
Windsor (1),
If applying for more than one location, candidates must indicate in their cover letters the
order of their preferred locations. **If applying for a Divisional Court position (see separate
job
advertisement:
http://www.ontariocourts.on.ca/scj/en/lawclerkprogram/articlingdiv.htm),
candidates must indicate their order of preference between Superior Court position(s)
and the Divisional Court position.
29
Candidates may apply for both the Superior Court of Justice and Superior Court of Justice –
Divisional Court positions. If applying to both the Superior Court of Justice and Superior Court
of Justice – Divisional Court, submit one application only that clearly indicates you are applying
to both and your order of preference.
While the majority of the Court’s work is done in English, qualified clerks have the opportunity to
work on cases heard in French. Candidates applying for the position in Ottawa must be fluent in
spoken and written French and English.
Clerks in Toronto enjoy offices downtown on the sixth floor of the court house at 361 University
Avenue, adjacent to the Judges’ Library and the Law Society’s Great Library in historic Osgoode
Hall. In the other regions, clerks maintain offices inside the regional court houses and have
access to both local law libraries and, with the assistance of the Toronto law clerks, the Toronto
law libraries. Each clerk is equipped with internet and Quicklaw access, and current computer
equipment and software.
E.
CAREER PROSPECTS
Clerks recommended for inclusion in the Ministry Hire–Back pool are eligible to apply for
restricted Crown Counsel Positions for one year following completion of the Licensing process.
F.
QUALIFICATIONS
The Court seeks applicants who possess strong academic records, excellent legal research and
writing skills, and the ability to produce high–quality work under strict deadlines. One of the 2
positions in Ottawa must be fluent in spoken and written English and French. Bilingualism is an
asset in the other regions. Some travel may be required for clerks working in regions outside
Toronto.
G.
THE APPLICATION
Please submit the following in triplicate by the deadline: Friday, January 28, 2011 by 5:00
p.m. The Court does not accept applications by email or by fax:
1. a covering letter indicating your preferred court location (or the order of preference if you are
applying for more than one location);
2. a current curriculum vitae;
3. official or photocopied transcripts of all university marks, including first semester of second
year law;
4. one legal writing sample (maximum 15 pages); and
5. two letters of reference referring to your legal research and communication skills.
Your application should be sent by mail or courier to:
Melissa Phillips, Counsel, Office of the Chief Justice
Superior Court of Justice
361 University Avenue, Room 621
Toronto, ON M5G 1T3
30
Tel: (416) 327–5005
Applications by e-mail or by fax will not be accepted.
For more information about the application process and the clerking program go to
http://www.ontariocourts.on.ca/scj/en/lawclerkprogram/articling.htm
H.
INTERVIEWS
Interviews will take place in March/April 2011 either in person or, where necessary, by
conference call. The Court does not pay travel costs to attend interviews. Note that law clerks
are contract employees of the Ministry of the Attorney General.
I.
APPLICATION AND INTERVIEW ADVICE FROM UWO STUDENTS, CLERKS,
PROFESSORS, AND VISITING JUDGES

Offers an unparalleled opportunity to observe advocacy, especially given there are fewer
opportunities now available to students and junior lawyers to observe courtroom
proceedings. Clerking also gives you the opportunity to know what judges think and how
they perceive different arguments. Clerks outside Toronto work for a large number of
judges and must be fairly organized and independent. – Leitch J. (Oct/99)

How busy you are depends a lot on which judges are sitting. You can definitely have a
life outside work. – 1998/99 Clerk (Oct/99)

At least half of the interview questions are about substantive points of law and your
research abilities.
o E.G. What is the best way to find the Airspace Act for New Brunswick? You must
also be able to articulate yourself well and persuade effectively. – 1998/99 Clerk
(Oct/99)
31
COUR D’APPEL DU QUÉBEC
A.
INTRODUCTION
Sous la direction du juge en chef du Québec, la Cour d'appel est composée de 19 juges puînés
ainsi que de quelques juges surnuméraires. La Cour d'appel siège à Québec et à Montréal,
généralement en formation de trois juges, exceptionnellement en formation élargie. Le plus
haut tribunal du Québec, la Cour d'appel agit en dernier ressort dans plus de 99% des affaires
qui lui sont soumises. Elle est la gardienne de l'intégrité et du développement du droit civil au
Québec. Sa vocation la distingue à cet égard des autres cours d'appel canadiennes.
Le service de recherche est composé d'environ 17 avocat(e)s-recherchistes à Montréal et 9 à
Québec. La Cour bénéficie des services d'un coordonnateur, qui voit au bon déroulement du
processus de sélection, assure la formation et l'intégration des nouveaux recherchistes au sein
de l'équipe et leur apporte un soutien juridique.
Les avocat(e)s-recherchistes sont, dans la majorité des cas, sélectionné(e)s un an avant leur
entrée en fonction; un concours est ouvert chaque année, en décembre et en janvier.
Tous/toutes les candidat(e)s sont tenu(e)s d'être admissibles au stage du Barreau lors de
l'embauche. L'emploi est d'une durée de deux ans, ce qui permet aux avocat(e)s-recherchistes
d'acquérir une importante expérience en droit dès le début de leur carrière. Les 6 premiers
mois sont reconnus par le Barreau du Québec à titre de stage de formation professionnelle.
Completed applications must be sent directly to the Court and received by their deadline.
B.
UN POSTE STIMULANT ET FORMATEUR
Dès son arrivée, l'avocat(e)-recherchiste est assigné(e) à un juge avec lequel il/elle travaillera
pendant tout son séjour à la Cour et avec lequel il/elle développera une relation privilégiée. Une
bonne partie du travail se déroule avant l'audition des pourvois, l'avocat(e)-recherchiste devant
analyser en profondeur les dossiers qui lui sont confiés dans le but de formuler une opinion
juridique et d'assurer un soutien au juge sur chacune des questions en litige. Position d'autant
plus intéressante qu'elle permet de bien comprendre la nature des fonctions d'un magistrat.
L'avocat(e)-recherchiste assiste aux auditions des dossiers sur lesquels il/elle a travaillé. Il/Elle
peut ainsi examiner d'un point de vue critique le déroulement de l'audience. Si le dossier est
mis en délibéré, il/elle peut être amené(e) à réaliser des recherches supplémentaires. Ainsi,
il/elle suit le cheminement des dossiers jusqu'à ce que jugement soit rendu. Le stage offre donc
une occasion unique de travailler dans les coulisses du système judiciaire et de se familiariser
avec son fonctionnement.
De plus, un stage à la Cour d'appel permet de toucher à une variété de domaines : droit
constitutionnel, droit criminel, droit administratif, droit civil, droit des affaires, etc. Grâce à cette
diversité, les avocat(e)s-recherchistes acquièrent une polyvalence inestimable, des
connaissances approfondies et une précieuse expérience pratique sur la façon de mener à bien
un dossier de litige. Une étude rapide des emplois occupés par les avocat(e)s-recherchistes à
la suite de leur passage à la Cour d'appel montre que ceux-ci/celles-ci travaillent dans une
multitude d'organisations, que ce soit :
32
Cabinets d'avocats de toute taille;
Fonction publique québécoise ou fédérale;
Avocat de la défense ou du ministère public (droit criminel);
Organismes gouvernementaux ou paragouvernementaux;
Contentieux d'entreprises;
Milieu universitaire; etc.
Des ententes avec l'Université Laval et l'Université de Montréal permettent aux avocatsrecherchistes d'obtenir des crédits d'équivalence aux fins de certains programmes de maîtrise
(stage de recherche, travaux de recherche juridique réalisés dans le cadre de leurs fonctions).
Pour avoir plus d'informations sur ces ententes, nous vous invitons à vous adresser à un
représentant du Service de recherche de la Cour d'appel.
Celles et ceux qui sont désireux(ses) de relever le défi d'un emploi stimulant sont invité(e)s à
soumettre leur candidature au siège de la Cour à Montréal, à celui de Québec ou aux deux.
Lorsqu'un concours est ouvert, un avis est affiché sur les sites Web de la Cour d'appel et de
l'École du Barreau du Québec ainsi que dans les divers centres de développement
professionnel des facultés de droit.
C.
COMPÉTENCES RECHERCHÉES
La Cour recherche des candidates et des candidats qui possèdent un très bon dossier scolaire
ainsi que des aptitudes à la recherche et à la rédaction; ils/elles doivent également faire preuve
de maturité et d'autonomie dans l'exercice de leurs fonctions. Ils/Elles doivent maîtriser le
français et l'anglais.
D.
START DATE AND TERM OF EMPLOYMENT
As noted above, clerkships with the Court of Appeal of Quebec last two years. Most clerkships
will begin in January or June 2012. However, there is a certain amount of flexibility depending
on the needs of the Court. The Court will take into account the availability of the applicant
during the interview. If possible, it will try to accommodate the desires of each applicant.
E.
LE DOSSIER
Le dossier doit être soumis avant le début février, 2011. Though not a signatory to the Entente
de recrutement, the deadline for the Cour d’appel normally corresponds with the Course aux
stages recruitment process in Montreal.
Le dossier de candidature doit comprendre les documents suivants :
1. Lettre de présentation justifiant l'intérêt pour le poste;
33
2. Curriculum vitae;
3. Relevés officiels des notes (les photocopies de relevés officiels des notes sont
acceptées) :
a) CÉGEP (pour celles et ceux qui n'ont pas encore obtenu de diplôme universitaire);
b) Universités (les relevés de notes de toutes les études universitaires);
c) École du Barreau (si programme complété);
4. Deux lettres de recommandation (dont l'une, dans la mesure du possible, d'un
professeur de droit);
5. Un travail de rédaction juridique réalisé dans le cadre des études en droit;
6. Une preuve de statut de résidant(e) permanent(e), le cas échéant.
Le dossier de candidature doit être soumis à l'une ou l'autre des adresses ci-dessous ou aux
deux endroits, le cas échéant :
Montréal
Madame Arlette Raymond
Cour d'appel du Québec
100, rue Notre-Dame Est, bureau 3.60
Montréal (Québec) H2Y 4B6
Téléphone : 514 393-2040 poste 51246
Télécopieur : 514 864-4662
Courriel : araymond@judex.qc.ca
Québec
Madame Diane Simard
Cour d'appel du Québec
300, boul. Jean-Lesage, bureau 4.59
Québec (Québec) G1K 8K6
Téléphone : 418 649-3432
Télécopieur : 418 266-0374
Courriel : dianesimard@judex.qc.ca
All 2012 – 2014 articling applications must be received by early February 2011.
F.
POUR PLUS D’INFORMATIONS
For the most up-to-date information and deadlines, interested candidates should consult:
http://www.tribunaux.qc.ca/c-appel/Stage/stage.html
Pour de plus amples renseignements concernant le service de recherche, veuillez
communiquer avec:
Me Pascal Pommier, coordonnateur
Téléphone: 514-393-2040 poste 51370
Courriel: pascal.pommier@justice.gouv.qc.ca
34
BRITISH COLUMBIA COURT OF APPEAL &
BRITISH COLUMBIA SUPREME COURT
A.
INTRODUCTION
The British Columbia Judicial Law Clerk Program was established in 1973. One of the original
aims of the program was to improve the quality of advocacy in the province. Since that time it
has fulfilled its original mandate and has continued to expand its objectives.
For 2012-2013, 30 full-time law clerks will be hired for the two superior courts. The Court of
Appeal will employ 12 law clerks. The Supreme Court will employ 18 law clerks: 2 law clerks will
be located in Victoria, 3 law clerks will be located in New Westminster, and 13 law clerks will be
located in Vancouver. Most Court of Appeal clerkships are for 10 months (September through
June), although some spaces are available for 11 or 12–month clerkships. The Supreme Court
clerkships are for 12 months (September through August).
The time spent as a law clerk partially fulfills the articling requirements for call and admission to
the Law Society of B.C. After completing the clerkship, students must apply to the Law Society
for a reduction of the articling period. Law clerks typically complete their articling requirements
with a law firm, the Ministry of the Attorney General or the Department of Justice. All of these
employers support participation in the Judicial Law Clerk Program. Generally speaking, the
time frame for admission to the bar for students who have been law clerks in B.C. is 18 to 22 ½
months following graduation from law school.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS
Law clerks with the British Columbia courts are auxiliary employees of the provincial Ministry of
the Attorney General. The salary for the law clerk position is comparable to the salary of
articling students with the Ministry, and includes a payment in lieu of benefits.
C.
DUTIES
Each law clerk's experience differs according to the judges to whom the clerk is assigned, the
cases before the courts, and the law clerk's own level of curiosity and initiative. Nevertheless,
the primary role of law clerks, at both the Court of Appeal and the Supreme Court, is to provide
assistance to judges in a variety of ways, including conducting legal research, preparing written
memoranda, and editing and proofreading judgments. As time and workloads permit, law clerks
are encouraged to observe court proceedings, including trials, appeals and chambers hearings.
Law clerks have the unique opportunity to engage in discussion with judges about cases they
are hearing, developments in the law, aspects of the trial or appellate process, and the judicial
process in general.
Throughout the clerkship term, judges and other judicial officers conduct informal seminars on
topics of the law clerks' choice. There is a chambers program in which law clerks may attend
35
Supreme Court Masters’ and Judges’ chambers. The law clerks are given instruction in
Supreme Court and Court of Appeal Registry procedures and visits to the Provincial Court are
arranged for those interested.
D.
QUALIFICATIONS
Applicants must hold a law degree from an accredited law school, be of good character and be
fit to become members of the bar of British Columbia. A criminal records check will be
conducted at the commencement of the clerkship term. Emphasis in hiring is placed on
academic excellence, legal research and writing skills, general motivation and work experience.
The ability to produce high quality work under strict deadlines is required. Applications are not
accepted from candidates who have been admitted to the practice of law in any jurisdiction.
E.
THE APPLICATION
Candidates must forward the following by the deadline: January 24, 2011 at 4:30 p.m.
1.
2.
3.
4.
a cover letter (1-2 pages, no smaller than 11 point font);
a curriculum vitae;
official transcripts (or photocopy) of all undergraduate and law school marks; and
two letters of reference – at least one of the letters and preferably both should be from law
school professors. Referees should send the confidential reference letters directly to the
Judicial Law Clerk Program at the address listed below. If sent by email, reference letters
must be sent as Adope PDF attachments showing letterhead and signature. If submitted
electronically, the reference letter need not also be sent by regular mail.
5. where possible, applicants should also provide a list of the courses in which they are
enrolled for the second term of second year, as well as a list of intended third year courses.
Writing samples are not required and will not be reviewed if submitted.
If your marks from your first term of second year law school are not available by the deadline,
please send them electronically to judiciallawclerkprogram@courts.gov.bc.ca as soon as they
become available.
Applicants who are interviewed will be asked to provide a recent, passport-sized, black and white
photograph. The photograph should be submitted electronically to the Judicial Law Clerk Program
at the time the first round interview is scheduled.
Although not required to do so, an applicant may indicate a preference for a clerkship with one of
the courts in the cover letter.
Those who accept a second interview for the program should be prepared to accept a position if
it is offered.
Submission of Application Packages
There are a number of ways to submit an application package. An applicant must choose one
method of the following. Please do not submit an application package by more than one
method.
36
Submission by email:
You may submit your application package electronically to:
JudicialLawClerkProgram@courts.gov.bc.ca. However, the documents that make up an
application package must be attached to a single email and the following standards apply: (a)
the required documents must be sent as separate attachments; (b) the size of the email cannot
exceed 2MB; (c) if an applicant wishes to receive a “read receipt”, the applicant’s email must be
sent with that option already selected.
Submission by mail, courier or in person:
Alternatively, all material can be sent to:
Judicial Law Clerk Program
The Law Courts
800 Smithe Street
Vancouver, British Columbia V6Z 2E1
Attention: Krystal Mason
Tel: (604) 660–3022
F.
INTERVIEWS
The first interviews are conducted by the courts’ Law Officers and will take place during the
period from February 7 to February 25, 2011. These interviews last about half an hour.
Applicants who are in Vancouver or Victoria will be interviewed in person at the Vancouver Law
Courts or the University of Victoria Law School. Applicants who are not in either of these
locations will be interviewed by telephone conference.
Applicants who are interviewed will be asked to provide a recent, passport-sized, black and
white photograph. The photograph should be submitted electronically in a jpg format to the
Judicial Law Clerk Program at the email address provided for electronic submissions when the
first round interview is scheduled. File size cannot exceed 2MB. Photographs are used after the
first round of interviews as an aide-memoire of candidates, and are given to the judges of the
Law Clerk Committees in preparation for the second round interviews.
The first interview with the Law Officers is fairly structured and the questions are designed to
allow the Law Officers to assess your general suitability for the role of a law clerk and the work it
entails. Applicants are not asked substantive legal questions.
Applicants who are shortlisted for a second interview will be interviewed by a panel of judges
who are members of either the Court of Appeal Law Clerks Committee or the Supreme Court
Law Clerks Committee. These interviews last about 20 minutes, and will take place in
Vancouver during the period March 14-18, 2011. Candidates are interviewed in person.
Although not required to do so, an applicant may state whether he/she prefers to clerk for the
Court of Appeal or the Supreme Court. When the Law Officers prepare the shortlist of
candidates for second interviews, applicants are streamed to one court or the other based on
37
the preference stated, or if no preference is stated, as the Law Officers determine. An applicant
who is shortlisted for an interview with the judges’ committee of the Court of Appeal will
compete for a clerkship with that court and will not be considered for a position with the
Supreme Court. Likewise, a candidate who is shortlisted for an interview with the judges’
committee of the Supreme Court will compete for a clerkship with that court and will not be
considered for a position with the Court of Appeal. If a candidate is not selected for one court,
he or she will not be considered by the other court.
The court does not pay interview travel expenses.
F.
MORE INFORMATION
Detailed information regarding the program, the application process and materials and a list of
frequently asked questions can be found here: http://www.courts.gov.bc.ca/about_the_courts/
If you have any other questions, please contact the Judicial Law Clerk Program by
email: judiciallawclerkprogram@courts.gov.bc.ca
38
COURT OF APPEAL OF ALBERTA
A.
INTRODUCTION
Each year, the Court of Appeal of Alberta invites applications for articling student positions in
Edmonton and Calgary. Court of Appeal of Alberta articling students gain valuable insight into
appellate reasoning and decision-making processes. Discussion and interaction among
students, justices and legal counsel is encouraged and there is, generally, an open-door policy
at the Court. During the course of their articling term with the Court, students hone their legal
research, analysis and writing skills and learn valuable lessons in the art of advocacy by
observing counsel in court. In fulfilling their duties, students are exposed to many areas of the
law, including: administrative, constitutional, contract, corporate and commercial, criminal,
employment, family, tort and wills and estates law.
Students receive a comprehensive orientation to the Court of Appeal of Alberta and its legal
research resources at the commencement of their articles. Students also attend numerous
tours and seminars during their articling term with the Court. The tours and seminars are
designed to introduce students to the inner workings of the Alberta court system and review a
broad range of practice areas. Most of the tours and seminars are presented by justices and
other court officials.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS
As of April 2010, the articling students bi-weekly salary is $1,833.10. Students are entitled to
ten vacation days and up to fifteen sick leave days during their articling term with the Court of
Appeal of Alberta. They are also eligible to participate in an Alberta government employee
benefits program which includes: group life insurance, extended medical benefits and accidental
death and dismemberment insurance plans. The Alberta government pays the students Law
Society of Alberta application and admission and CPLED program registration fees.
C.
DUTIES
Articling students review motion and appeal materials, research a broad range of legal issues
and prepare pre- and post-hearing memoranda of fact and law. They may also be asked to
review, edit and comment on draft reasons for judgments and/or assist justices with speeches
and academic papers and presentations. While articling with the Court of Appeal of Alberta,
students must complete the Law Society of Alberta's Education Plan for a Student-at-Law
Articled to a Judge. The Education Plan requires students to: (i) observe various proceedings in
the Provincial Court, the Court of Queen's Bench and the Court of Appeal; and (ii) discuss the
court proceedings they observe with the presiding judge/justice, master, taxing officer or other
court official and their principal, whenever possible. Students are encouraged to complete the
Canadian Centre for Professional Legal Education (CPLED) program during their articling term
with the Court.
39
Although articled to a single justice, students will have an opportunity to work with most, if not
all, of the justices of the Court of Appeal of Alberta. They are also encouraged to seek
information and advice from the Court's legal counsel and librarians. Students have offices in
the same areas as the justices and their staff. They have full access to judicial libraries, the
Alberta Law Society Libraries and many online legal research resources.
D.
QUALIFICATIONS
Articling students must have a Canadian common law degree or an equivalent qualification
recognized by the Law Society of Alberta. The Court of Appeal of Alberta seeks students of
good character and reputation with strong academic records and well-developed legal research,
analysis and writing skills. It hires individuals who are motivated and demonstrate an ability to
produce high quality work under strict deadlines. Ideal candidates are good team players and
capable of working well in a cooperative and collaborative work environment.
E.
START DATE AND TERM OF EMPLOYMENT
In Edmonton, articling students commence their employment on June 1. If June 1 falls on a
weekend, employment starts the following Monday. In Calgary, the start dates vary. Generally,
some students commence their employment at the beginning of June and some start at the
beginning of August. Students articled to a justice of the Court of Appeal of Alberta complete a
ten-month term with the Court. In order to be admitted to the Alberta bar, they must also
complete a five-month articling term with an Alberta lawyer.
F.
THE APPLICATION
Candidates must forward the following by the applicable deadline: noon on December 1, 2010
1.
2.
3.
4.
a cover letter
a curriculum vitae;
all post-secondary transcripts;
one academic reference letter (which comments on the candidate’s legal research, analysis
and writing skills);
5. the names of, and contact information for, two additional referees; and,
6. a legal writing sample (approximately five to fifteen pages in length).
NOTE: Those who wish to be considered for articling student positions in Edmonton and
Calgary must send separate application packages to each city and are encouraged to indicate
their preferred location in their cover letter.
Although an application package may include copies of post-secondary transcripts, if a
conditional offer of employment is received from the Court of Appeal of Alberta, official
transcripts must be provided.
The reference letter must be: (i) sent separately by the referee or (ii) included in the application
package in a sealed enveloped with the referee’s signature across the seal. If an application
40
package is submitted electronically, the reference letter must be sent separately by the referee
(via e-mail or regular mail).
Application packages should be marked “Articling Application”.
Incomplete applications will not be considered.
To apply for an articling student position in Edmonton, please send an application package to:
Mr. Justice P.T. Costigan
Court of Appeal of Alberta
5th Floor, Law Courts Building
#1A Sir Winston Churchill Square
Edmonton, AB T5J 0R2
To submit an application package electronically, please e-mail the package to Andreea Bandol,
Legal Counsel at andreea.bandol@albertacourts.ca.
To apply for an articling student position in Calgary, please send an application package to:
Mr. Justice P.W.L. Martin
Court of Appeal of Alberta
TransCanada Pipelines Tower
2600, 450 – 1st Street S.W.
Calgary, AB T2P 5H1
To submit an application package electronically, please e-mail the package to Laurel Watson,
Legal Counsel at laurel.watson@albertacourts.ca.
G.
INTERVIEWS
Interviews will be conducted by one Court of Appeal of Alberta justice and one legal counsel in
January 2011. Early interviews may be conducted in late December 2010 for out-of-province
candidates.
The Court does not pay interview travel expenses.
minutes.
H.
Interviews typically last about twenty
FURTHER INFORMATION
For further information, please visit the Court of Appeal of Alberta’s Articling Program webpage
(http://www.albertacourts.ab.ca/) or contact the Court’s legal counsel and/or current articling
students :
In Edmonton, contact:
Andreea Bandol, Legal Counsel
Dana Adams, Student-at-Law
Paul Chiswell, Student-at-Law
(780) 422-5567
(780) 644-3611
(780) 644-3610
41
Kyla Conner, Student-at-Law
Akash Khokhar, Student-at-Law
(780) 422-5293
(780) 415-0006
In Calgary, contact:
Laurel Watson , Legal Counsel
Deborah Book , Student-at-Law
Christy Elliott, Student-at-Law
Joshua Fraese, Student-at-Law
Vhari Storwich, Student-at-Law
(403) 297-6692
(403) 476-4709
(403) 355-4085
(403) 476-4708
(403) 355-4248
The current Court students may also be contacted by e-mail using the address format
firstname.lastname@albertacourts.ca.
42
COURT OF QUEEN’S BENCH OF ALBERTA
A.
INTRODUCTION
Each year, the Court of Queen’s Bench of Alberta offers five articling positions in Calgary and
five in Edmonton to students from any common law faculty in Canada. The Court’s articling
program offers a unique and valuable opportunity to acquire experience in the fullest possible
range of practice areas, to observe all manner of proceedings in Court, and to hone research,
analytical, and writing skills.
Successful candidates article for 10 consecutive months with the Court of Queen’s Bench,
followed by a five-month law firm article which the students must arrange. Court articles in
Edmonton commence in June. Articling start dates in Calgary are staggered.
Each student at the Court is articled to a Justice of the Court of Queen’s Bench and receives
further guidance and support from an assigned Legal Counsel advisor. Principals are carefully
selected with a view to students’ interests and backgrounds. The Justices of the Court of
Queen’s Bench and Legal Counsel are dedicated to ensuring that the students’ experience with
the Court is rewarding and valuable.
Completed applications must be sent directly to the Court and received by their deadline.
B.
DUTIES
Articling with the Court of Queen’s Bench provides a rare opportunity to participate in and
observe the administration of justice in Alberta from a unique perspective. Student involvement
in the process is active and direct. Students often review briefs prior to hearings and attend
applications and jury and non-jury trials. They are given the opportunity to research, write and
discuss cases with the presiding Justices as they unfold. This allows students to learn directly
from the Justices of the Court of Queen’s Bench, something no other article in the province can
offer. The articling program exposes students to many areas of the law and virtually all aspects
of the judicial process. Students at the Court are encouraged to attend as many hearings, in as
many Courts, as time permits.
Legal Counsel to the Court of Queen’s Bench channel work to students in accordance with their
interests and with the aim of ensuring exposure to a broad range of practice areas and to as
many Justices as possible. Court students are valued as an important resource, and the
Justices and Legal Counsel take their responsibilities to students very seriously. Student
workloads are carefully monitored to ensure not only that the work experience is comprehensive
and useful, but also that students have the time and resources to address their CPLED
requirements.
Students at the Court of Queen’s Bench are given individual offices adjacent to the law library
and have access to the judicial library, a comprehensive law library for the exclusive use of
Justices, Legal Counsel and Court students. In addition, they have the support of the Court’s
full-time librarian and complete access to all major online legal resources.
43
D.
QUALIFICATIONS
Articling students must have a Canadian common law degree or an equivalent qualification
recognized by the Law Society of Alberta. The Court of Queen’s Bench of Alberta seeks
students of good character and reputation with strong academic records and well-developed
legal research, analysis and writing skills. It hires individuals who are motivated and
demonstrate an ability to produce high quality work under strict deadlines. Ideal candidates are
good team players and capable of working well in a cooperative and collaborative work
environment.
E.
START DATE AND TERM OF EMPLOYMENT
Successful candidates article for a total of 15 months, 10 consecutive months with the Court of
Queen's Bench followed by five months with a law firm. Students are required to make the
necessary arrangements for the completion of their articles with a law firm.
Articles usually commence at the beginning of June in Edmonton.
Calgary are June 1 and August 1.
F.
Articling start dates in
THE APPLICATION
Candidates must forward the following by the applicable deadline: noon on December 1, 2010
1.
2.
3.
4.
a cover letter;
a curriculum vitae;
a transcript (or copy) of all university marks;
one academic reference letter which refers to your legal research and communication
skills, and the names of, and contact information for, two additional referees; and,
5. a brief ample of your legal writing.
NOTE: Those who wish to be considered for articling student positions in Edmonton and
Calgary must send separate application packages to each city.
The reference letter does not have to be sent under separate cover by the individual giving the
reference. It can be included with the rest of the materials sent by the applicant.
Application packages should be marked “Articling Application”.
To apply for an articling student position in Edmonton, please send an application package to:
Mr. Justice S. D. Hillier
Court of Queen’s Bench of Alberta
Law Courts Building
#1A Sir Winston Churchill Square
Edmonton, AB T5J 0R2
To apply for an articling student position in Calgary, please send an application package to:
44
Mr. Justice B. E. Mahoney
Court of Queen’s Bench of Alberta
Calgary Courts Centre
Suite 2401 – N
601 – 5th St. S.W.
Calgary, AB T2P 5P7
Only an original, hard copy version of all application materials will be accepted. All forms of
expedited mail and courier service can be slow, so allow plenty of time.
G.
FURTHER INFORMATION
You can visit the Court of Queen’s Bench’s Articling Program web page at
http://www.albertacourts.ab.ca or contact Jane Fagnan at Jane.Fagnan@albertacourts.ca in
Edmonton or Darryl Ruether at Darryl.Ruether@albertacourts.ca in Calgary.
In addition, the following articling students, presently at the Courts, are willing to answer your
questions:
In Edmonton, contact:
Christopher Samuel
Lindsey Tate
Lily Nguyen
Anna Priemaza
Maya Gordon
(780) 422-0273
(780) 422-0342
(780) 427-7900
(780) 415-5834
(780) 422-9599
In Calgary, contact:
Coliin Ouellette
Jeremy Barretto
Kristy Williams
Claire Marchant
Izabela Strumik
(403) 592-4715
(403) 297-5001
(403) 297-4739
(403) 592-4714
(403) 592-4712
The current Court students may also be contacted by e-mail using the address format
firstname.lastname@albertacourts.ca.
45
PROVINCIAL COURT OF ALBERTA
A.
INTRODUCTION
The present Provincial Court of Alberta came into being in 1973 pursuant to the provisions of
The Provincial Court Act, S.A. 1971, ch. 86. However, the Court can trace its roots back to the
Canada Jurisdiction Act 1803 (U.K.), 43 George III, c. 138. In 1873, Justices of the Peace were
appointed pursuant to an ordinance passed by the Territorial Council. From a court originally
composed of lay magistrates, the Court has now grown into a full trial court of record with over
110 full-time sitting judges. Only individuals who have been members of the bar for at least ten
years are eligible for consideration for judicial appointment to the Court.
The Provincial Court sits in 74 locations in the province, and through a variety of statutes
(provincial and federal) exercises extensive jurisdiction in criminal, civil, family, and youth
matters. The Court also conducts Fatality Inquiries under provincial legislation. Most of the
residents of the Province who have dealings with the judicial system find themselves in the
Provincial Court, and the Court is very conscious of the fact that it is from interaction with this
Court that many people form their view of the administration of justice in Alberta.
While each Judge of the Provincial Court is permitted by statute to act as a principal to a
student-at-law, practical budget and personnel constraints limit the number of articling positions
which can be offered. Generally three positions are offered in Calgary and one is offered in
Edmonton. However, those numbers can change with the economic climate. Further, Judges
in other base points of the Court (e.g., Lethbridge, Red Deer, et cetera) may choose to take on
a student-at-law, and students interested in articling with the Court at a location other than
Calgary or Edmonton should not hesitate to express their interest. Starting dates for articles of
clerkship with the Court can be adjusted so that they accommodate both the student and the
Court.
Each student-at-law is assigned to an individual Judge as the student's principal. While that
Judge may sit primarily in one division of the Court, the student is available to all members of
the Court for work assignments. The student and the principal work together in monitoring the
work experience of the student so that at the end of the ten-month articling period a student will
have enjoyed a varied and balanced work load.
The work assigned to a student-at-law will include research (including the preparation of legal
memos), attendance in court, file and evidence organization, and participating in conferences
with judges to discuss specific cases and issues. Articling students will find the atmosphere to
be collegial, team oriented, and supportive. They will also find that articling with the Provincial
Court provides them with a unique opportunity to actually see and participate in the practical
application of law which they have been studying for three years in law school. In short, the
Court's articling students will see the law in operation on the "front lines". In colloquial terms,
this is where "the rubber hits the road".
Completed applications must be sent directly to the Court and received by their deadline.
B.
QUALIFICATIONS & APPLICATION REQUIREMENTS
46
Any individual qualified for admission to the Law Society of Alberta as a student-at-law may
apply for a position as a student-at-law with the Court.
Candidates must forward the following by the applicable deadline: March 31, 2011
1.
2.
3.
4.
5.
a cover letter;
a curriculum vitae;
a transcript of the applicant’s law school marks for both first and second years;
three letters of reference (one of which must be an academic reference);
a sample of the applicant’s legal writing (e.g. a research paper written for a law school
course);
All applications are to be submitted in hard copy (electronic applications will not be considered).
Application packages should be marked “Articling Application”.
To apply for an articling student position in Edmonton, please send an application package to:
The Honourable J. Henderson
Judge of the Provincial Court of Alberta
Law Courts Building
#1A Sir Winston Churchill Square
Edmonton, AB T5J 0R2
To apply for an articling student position in Calgary, please send an application package to:
The Honourable A. G. Vickery
Chief Judge of the Provincial Court of Alberta
Calgary Courts Centre
Suite 1903 – S
601 – 5th Street S.W.
Calgary, AB T2P 5P7
C.
FURTHER INFORMATION
For further information, contact Lynda Jenkins, Legal Counsel at (403) 297-3968 or
lynda.jenkins@albertacourts.ca or Kim Boyd, Judicial Assistant at (403) 297-3969 or
kim.boyd@albertacourts.ca.
In addition, the following articling students, presently at the Court, are available to answer your
questions:
Danielle Klemen
Andrea Urquhart
Tara Hayes
(403) 476-4956
(403) 476-4973
(780) 427-1520
danielle.klemen@albertacourts.ca
andrea.urquhart@albertacourts.ca
tara.hayes@albertacourts.ca
47
COURT OF APPEAL FOR SASKATCHEWAN
A.
INTRODUCTION
Working as a law clerk is one of the most interesting articling positions available to law school
graduates. Clerkships provide a unique window into the functioning of a court. Unless you are
appointed to the bench, it is unlikely you will ever have another opportunity to so closely
examine the judiciary and the judicial process.
Saskatchewan Court of Appeal Clerks learn by working and associating with members of the
Court and by attending appeal hearings. The Clerkship experience offers valuable insights into
the methods and techniques of practitioners, the standards of professional behaviour expected
of lawyers, and exposure to a full range of legal styles and abilities. The law clerk comes to
know what to expect of others and what standards he or she will be required to meet when
working as a legal professional.
Each law clerk is typically assigned to work for specific members of the Court.
Justice decides the assignment and informs the law clerks on their first day of work.
The Chief
Three articling positions are planned for the 2012-2013 term.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS
The salary paid to law clerks is $3773.70 (under review), subject to the regulations made under
The Public Service Act. Holiday pay, at a rate of 6% of gross salary, is granted in lieu of
holidays. Students are entitled to 12 scheduled days off which, when approved, may be taken
at any time during the year. Court Services, Saskatchewan Justice, pays for the student
registration fee for entry into service as an articling student, the lawyer application fee for entry
as a barrister, the bar admission course fees and bar course materials, and membership with
the Canadian Bar Association. Students receive full pay while attending the bar course.
In addition, each law clerk is provided a $300 allowance which can be used to cover the costs of
on-going, self-directed legal education, travel to attend the bar course, and participation in
events sponsored by the Law Society of Saskatchewan or the Canadian Bar Association. Law
clerks, as out-of-scope employees, are also entitled to Flexible Benefit in the amount of $785.00
which can be used for fitness, education or be directed to their pension.
C.
DUTIES
Legal Analysis
Law clerks are involved in both pre-hearing and post-hearing preparation of material. At the
pre-hearing stage, clerks are often asked to prepare “bench” memos which summarize the
appeal, assess its substantive content, and discuss dispositions of the case. At the posthearing stage, clerks may be directed to undertake further research into the matters in issue.
48
The value of a law clerk lies in his or her ability to identify the critical legal issues raised by an
appeal and research them in a principled but practical way. Legal problem solving is a
significant component of the job.
Much More than Legal Research
While judges assign numerous research topics to law clerks throughout their time at the Court,
the responsibilities of clerks go far beyond writing memos. The Court provides opportunities to
learn about the judicial process and to become familiar with members of the judiciary and the
bar.
A law clerk’s primary role is to assist his or her assigned judges. Judges may use a clerk to
help sharpen and clarify ideas by filtering them through the clerk. Having researched the cases,
read the materials filed, and attended the oral submissions, a clerk is particularly well placed to
be an effective “sounding board” and a person with whom his or her judges can freely discuss
legal issues and judicial decision-making.
In respect of criminal matters, clerks are responsible for the preparation of procedural
summaries of all appeals of convictions, acquittals, and sentences made to the Court.
The Court of Appeal for Saskatchewan is the highest appellate court for the province and a s.
96 court of superior inherent jurisdiction. As such, clerks to the Court are exposed to a wide
range of criminal, administrative, constitutional, and civil law issues.
In addition, law clerks can arrange to work with the Court of Appeal Registrar on bankruptcy
matters and with the Queen’s Bench judges on jury and other trials and proceedings.
Advocacy
By attending the hearing of an appeal or chambers application in issue, the clerk has the
opportunity to witness first-hand the advocacy skills of numerous leading members of the bar.
Informal discussions with judges following such presentations afford the law clerk a candid
assessment of courtroom advocacy and unique insights into how to prepare and present an
appeal.
Writing and Drafting
Throughout the course of his or her term, the clerk assists the judges of the Court in the
research, preparation, and editing of reasons for judgment and orders. The clerk may also be
asked to assist a judge in the preparation of speeches or academic articles on various legal
issues presented or distributed by the judge outside the Court.
Registry File and Practice Management
Of necessity, the law clerk becomes familiar with file and practice management of the Registrar
of the Court of Appeal.
Professional Responsibility
49
Throughout his or her term, the law clerk can be expected to be called upon by members of the
Court to assess ethical issues regarding cases on appeal. This may include the confidentiality
of legal matters, the avoidance of conflicts of interest, and the duties of lawyers as “officers of
the Court.”
Experiences beyond the Court
The Rules of The Law Society of Saskatchewan require that a judicial clerk serve for a period of
two months outside the Court to a qualified principal. Although the Rules state that one month
must be served at either the Saskatchewan Department of Justice or at the Saskatchewan
Legal Aid Commission, with permission of the Law Society, other alternatives can be arranged.
Options approved for past law clerks have included a term with the Securities Commission, the
Saskatchewan Labour Relations Board, or the Regina City Solicitor’s Office. This gives law
clerks the unique opportunity to see and experience several work environments during the
course of the articling year.
Life after Clerking
A clerkship at the Saskatchewan Court of Appeal is an excellent articling opportunity and is just
the beginning of what can be a very rewarding career. Numerous opportunities are available to
students who clerk, as many employers recognize the value of the clerkship experience. Past
law clerks have pursued a wide-range of professional opportunities including employment at law
firms across Canada as well as graduate studies and academic careers.
D.
START DATE AND TERM OF EMPLOYMENT
The clerkship runs from June 1, 2012 to May 31, 2013. The Court holds one to two weeks of
sittings in Saskatoon six times per year. Law clerks may have the opportunity to travel to
Saskatoon at the Court’s request.
E.
THE APPLICATION
The articling student must be a graduate of a recognized College of Law.
Candidates must forward the following by the applicable deadline: October 31, 2010
1.
2.
3.
4.
a curriculum vitae;
official transcript of all post-secondary marks;
three letters of reference;
sample legal research paper.
The successful applicant will be subject to a criminal record check.
Applications and requests for more information should be sent to:
Marlene Rodie, mrodie@sasklawcourts.ca
Executive Officer
Court of Appeal
50
2425 Victoria Avenue
Regina, Saskatchewan S4P 4W6
Tel: (306) 787-5409
F.
FURTHER INFORMATION
If you have any questions about clerkships at the Court of Appeal, feel free to call Ms. Marlene
Rodie, Executive Officer to the Chief Justice, at 787-5409 or mrodie@sasklawcourts.ca.
If you would like to know more about clerking from first-hand experience, the present law clerks
will be happy to speak with you.
51
COURT OF QUEEN’S BENCH FOR SASKATCHEWAN
A.
INTRODUCTION
The Court of Queen's Bench consists of the Chief Justice and 32 other full-time judges. In
addition, there are a number of judges who have elected to become supernumerary (part-time)
judges, after reaching a certain age combined with years of service. Queen's Bench judges are
appointed by the Federal Government.
8 of the 12 judicial centres in Saskatchewan have one or more resident Queen's Bench
Justices. A resident judge spends the majority of his or her time in their home judicial center.
Because the Court of Queen's Bench is an itinerant court, the judges must travel the province,
and sit in other judicial centres the remainder of the time. This allows the Court to effectively use
court facilities and to ensure that no Judicial Centre experiences a backlogged caseload.
The Family Law Division of the Court of Queen's Bench operates in the Judicial Centres of
Saskatoon, Regina, and Prince Albert. The Family Law Division hears all family law matters
relating to divorce, custody and access, property division, and maintenance enforcement. The
Justices assigned to the Family Law Division spend the majority of their time hearing matters
within that Division, but they also hear other matters that come before the Court of Queen's
Bench. Similarly, the other Justices of the Court, on occasion, hear Family Law Division matters.
Two law clerk positions are available with the Court of Queen's Bench in Saskatchewan. One
clerk will be assigned to Saskatoon and the other to Regina. Both will work with all Judges of
the Court.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS









Salary - $3,651.00 per month (at present) and holiday pay in lieu of annual holidays.
12 scheduled days off per year
Hours of work, leave of absence, etc. are governed by public service regulations that
apply to temporary employees
Reimbursement pursuant to government policy for travel and accommodation authorized
by the Chief Justice
Time off with pay during attendance at the Canadian Centre for Professional Legal
Education (CPLED) Bar Admissions Program (Sask)
Reimbursement for articles of clerkship and CPLED program fees
$300.00 allowance per law clerk for legal education and participation in Law Society,
Canadian Bar Association and Continuing Legal Education events approved by the Chief
Justice
Health and dental coverage
Fitness allowance of $785
52
C.
DUTIES






D.
Research points of law and prepare legal briefs under the direction of the Chief Justice
and Judges of the Court
Carry out special study projects in designated areas of the law
Review materials filed in support of ex parte and Chamber applications and attend
applications and trials
Assist in the review of the practice and procedure employed by the Court and the
operation of the Rules of Court
Assist in organizing, conducting and preparing materials for seminars for Judges and
judicial staff
Observe Pre-Trial Conferences and debrief with the judge. Students must maintain strict
confidence respecting all private and confidential matters arising during the term of
articles with the Court
PROFESSIONAL BENEFITS




E.
Introduction to practice before the Courts involving a broad spectrum of the law
Introduction to criminal and civil jury trials, Chambers practice, judicial reviews, Family
Law Division practice, various facets of commercial law practice
Practical experience during the 12-month employment term: one month with either the
Legal Aid office or Crown prosecutors' office and one month with a private law firm
Fully computerized office with access to various legal databases (including QL)
START DATE AND TERM OF EMPLOYMENT
June 1, 2012 to May 31, 2013.
F.
THE APPLICATION
Candidates must forward the following by the applicable deadline: February 18, 2011.
1.
2.
3.
4.
a cover letter;
a curriculum vitae;
transcripts of marks;
three reference letters.
Applications should be sent to:
The Honourable Mr. Justice M. D. Popescul
Court House
520 Spadina Crescent East
Saskatoon, Saskatchewan
S7K 3G7
Tel: (306) 933-5156
53
The referees must send the confidential reference letters directly to the Court.
G.
FURTHER INFORMATION
For the purpose of production of this Clerkship Handbook, information has been summarized
from Court websites or materials provided to the law school. For full details of the clerkship
program with this Court, please refer to the website at http://www.sasklawcourts.ca.
54
SASKATCHEWAN PROVINCIAL COURT
A.
INTRODUCTION
Today’s Provincial Court of Saskatchewan emerged as a full trial court of record pursuant to
The Provincial Court Act, R.S.S. 1978, c. P-30.1. This enactment also marked a break with the
earlier appointment of police and provincial magistrates, who, until The Magistrates’ Courts Act,
1963, came into force in 1964, exercised their judicial powers individually, rather than as a
formally constituted court.
The Provincial Court, as continued under The Provincial Court Act, 1998, S.S. 1998,
c. P-30.11 (as amended), now consists of a Chief Judge and 47 judges. Court is conducted by
resident judges throughout Saskatchewan from 13 permanent courthouses in Estevan,
La Ronge, Lloydminster, Meadow Lake, Melfort, Moose Jaw, North Battleford, Prince Albert,
Regina, Saskatoon, Swift Current, Wynyard, and Yorkton. Additionally, the Court travels to over
70 other communities, known as circuit points. Many of them are First Nations communities.
The Court exercises extensive civil and criminal law jurisdiction defined by provincial and federal
legislation. One statute key to the Court’s civil jurisdiction and procedure is The Small Claims
Act, 1997, S.S. 1997, c. S-50.11 (as amended). In addition to prescribing a monetary limit to
claims the Court may adjudicate, currently $20,000, the statute also identifies claims within and
without the Court’s jurisdiction. Disputes involving title to land, slander, libel, bankruptcy, false
imprisonment, or malicious prosecution must be handled at the Court of Queen’s Bench.
Typically, the Provincial Court adjudicates claims for debts, damages, recovery of personal
property, and consumer complaints, using a simplified procedure that incorporates pre-trial case
management.
The Criminal Code, R.S.C. 1985, c. C-46 (as amended), the Controlled Drug and Substances
Act, S.C. 1996, c. 19 (as amended), and the Youth Criminal Justice Act, S.C. 2002 , c. 1 (as
amended) are three key statutes conferring criminal jurisdiction on the Court, the latter statute
designating it the youth justice court for the province. Also prominent in defining its criminal
jurisdiction is the Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act,
1982 (as amended).
Court matters are dealt with according to the following general divisions: Adult Criminal Court;
Youth Justice Court; Small Claims Court; Family Services Court, which handles child protection
matters under The Child and Family Services Act, R.S.S. 1978, c. C-7.2, in communities other
than Regina, Saskatoon, and Prince Albert (where they are handled at the Court of Queen’s
Bench); Traffic Safety Court, which handles moving and non-moving traffic offences (excluding
parking tickets) and offences under other provincial statutes, such as liquor and wildlife
violations, in Regina and Saskatoon only. Elsewhere such matters are combined with regular
court proceedings; and lastly, Municipal (Bylaw) Court, which, sitting only in Regina and
Saskatoon, handles city bylaw violations, including parking tickets, noise infractions, and
domestic animal violations. Elsewhere such matters are similarly combined with regular court
proceedings.
Court Initiatives
55
The Provincial Court of Saskatchewan is a dynamic court. In addition to the general divisions, it
has implemented several major initiatives within the framework of existing legislation, with the
goal of providing alternative remedies to the people who come before it. To date, the Court has
implemented the following initiatives.
Sentencing circles, a form of restorative justice, are held by the Court around the province.
Specially designed circle courtrooms have been constructed in the Prince Albert and Saskatoon
Courthouses to facilitate this sentencing process. The facilities are also used for community
sentencing conferences.
Cree Court, the first of its kind in Canada, sits as a circuit court, conducting hearings entirely or
partially in Cree. The Court handles criminal matters and child protection hearings.
A Drug Treatment Court sits in Regina. It is a therapeutic court that addresses drug addiction
as an underlying cause of criminal activity.
Participants must be adults, who have
acknowledged responsibility for their actions by pleading guilty, who do not pose a risk to public
safety, and who have agreed to enter into an intensive treatment program lasting about one
year that includes counselling from an interdisciplinary team of professionals.
Another therapeutic court, Domestic Violence Court, sits in North Battleford, Regina, and
Saskatoon. As its name suggests, it offers a domestic violence treatment option to those who
acknowledge responsibility for their actions by pleading guilty, and who will receive a nonincarceratory sentence. Participants complete a counselling program that also addresses any
substance abuse problems they may have. Individuals are sentenced after they have had a
chance to complete the domestic violence treatment option. If its requirements are met, the
individual will receive a reduced sentence. Participation is voluntary.
Clerking Positions Available
The Provincial Court has two law clerk positions available. One is located in Regina, the other
in Saskatoon. Although each clerk is assigned a judge as their principal, their work is not
assigned to them by only that judge, but by any judge requiring their help.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS







Salary - $3,164.00 per month (subject to possible revision) and holiday pay in lieu of
annual holidays
12 scheduled days off during the year
Hours of work, leave of absence, etc. are governed by public service regulations that
apply to temporary employees
Reimbursement pursuant to government policy for travel and accommodation authorized
by the Chief Judge
Time off with pay during attendance at the Canadian Centre for Professional Legal
Education (CPLED) Bar Admission Program (Saskatchewan)
Reimbursement for Law Society articles of clerkship and CPLED program fees
$300.00 allowance per law clerk for legal education and participation in Law Society,
Canadian Bar Association and Continuing Legal Education events approved by the Chief
Judge
56
C.
PROFESSIONAL BENEFITS






D.
Introduction to practice before the Courts involving a broad spectrum of the law
Introduction to criminal and civil trials/Drug Treatment Court/Domestic Violence
Court/Cree Court/ and Sentencing Circles
Development of legal analysis, research and writing skills (legal memoranda), enhanced
by insights gained from the law clerk’s unique exposure to the judicial process
Practical experience during the 12-month employment term with placement in a private
law office and/or at Saskatchewan Justice and/or Saskatchewan Legal Aid Commission
Fully computerized office, with access to Quicklaw and WestlawCanada
Specialized training provided by the Court Librarian.
START DATE AND TERM OF EMPLOYMENT
June 1, 2012 to May 31, 2013.
E.
THE APPLICATION
Candidates must forward the following by the applicable deadline: May 13, 2011
1.
2.
3.
4.
Cover letter and resume
Official transcript of all post-secondary marks
Sample legal research paper
Three referees and contact information.
Employment of successful applicants is conditional on the results of a criminal records check
and qualification for admission as a student-at-law to the Law Society of Saskatchewan.
Applications and requests for more information are to be sent to:
Associate Chief Judge C.C. Toth
Saskatchewan Provincial Court
4th Floor - 1815 Smith Street
Regina, Saskatchewan
S4P 2N5
Tel: (306) 787-3994
Fax: (306) 787-3933
57
NOVA SCOTIA COURT OF APPEAL
A.
INTRODUCTION
The Nova Scotia Court of Appeal consists of the Chief Justice (who is also the Chief Justice of
Nova Scotia) and seven other Justices. Semi-retired (supernumerary) Justices may also form
part of the Court of Appeal at any given time. The Court sits in Halifax, the provincial capital
and hears both civil and criminal cases.
The NS Court of Appeal hires three clerks each year. The deadline for applications is usually
the end of March. The period of employment usually begins in June or July of the same year.
The Court accepts applications from individuals who have already been admitted as a member
of the Bar. If not already admitted as a member of the Bar, clerks may be able to secure the
approval of the Nova Scotia Barristers’ Society for a portion of the time served to be credited to
articling time requirements.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS
$50,583 (under review) per annum for a candidate who is admitted as a member of the Bar of
one of the Provinces of Canada.
$32,500 (under review) per annum for a law graduate not yet admitted as a member of the Bar
of one of the Provinces of Canada.
Clerks are not entitled to any benefits and does not come within the Civil Service Act or other
legislation related to persons in the public service.
Holidays may be negotiated.
C.
DUTIES
Clerks provide legal assistance to the court on a variety of subjects, including:







preparation of research memoranda;
review of files, both pre and post hearing and preliminary briefing on points of law;
observing the handling of cases in the Court of Appeal and developing an understanding
of the process;
assisting the Chambers judge and reviewing files in preparation for Chambers sessions,
including research as may be required by the Chambers judge;
participating in office meetings and discussions with the justices, both individually and in
groups, as determined by the justices;
involvement in the organization and co-ordination of special study projects on certain
points of law;
assisting in the preparation of materials for judges’ seminars and related issues;
Clerks also provide administrative assistance to the court, including:
58



D.
managing the database of court decisions, on relief basis;
supervising work of part-time student clerks;
co-ordinating class visits to the Court.
CAREER PROSPECTS
Former clerks are generally well-regarded by the legal profession. In particular, employers who
are seeking candidates with strong research and writing skills are particularly apt to hire clerks
post-call.
E.
QUALIFICATIONS
Clerks must be graduates of law from a recognized law school in Canada.
Preference will be given to candidates who are admitted as a member of the Bar of a Province
of Canada.
F.
THE APPLICATION
All applicants are required to submit the following documents to the address below by March
31st, 2011:



A curriculum vitae;
Transcript of marks in law school;
Letters of reference from three people.
The application should be addressed and mailed directly to:
Marilyn Munroe
Judicial Assistant
The Nova Scotia Court of Appeal
The Law Courts Building
1815 Upper Water Street
Halifax, NS
B3J 1S7
G.
INTERVIEWS
Only those selected for an interview will be contacted. Interviews take place in the Law Courts
Building with one or more judges of the Court of Appeal. Interviews normally take place near
the end of April and candidates are notified of the decision fairly quickly.
For more information, please visit the following websites:
http://www.courts.ns.ca/Appeals/index_ca.htm
http://www.courts.ns.ca/news/nsca_law_clerk_position.htm
59
NEW BRUNSWICK COURT OF APPEAL
A.
INTRODUCTION
The New Brunswick Court of Appeal is a bilingual court that sits in Fredericton, the provincial
capital, and hears both civil and criminal cases. Presently, the Court of Appeal has six full-time
judges and three supernumerary judges. Each year, the Court of Appeal retains the services of
two law graduates who serve as law clerks working under the direct supervision of the Chief
Justice of New Brunswick. Clerkship with the Court of Appeal meets the Bar Admission
requirements imposed by the Law Society of New Brunswick. As well, other provincial law
societies recognize service with the Court of Appeal as fulfilling all or part of the student’s
articling requirements. Candidates should verify this with the Law Society of the jurisdiction
where they will be seeking admission.
Typically, clerkships with the Court of Appeal are for a one-year period from June 1 to May 31.
Completed applications must be sent directly to the Court and received by their deadline.
B.
SALARY AND BENEFITS
Law clerks are presently paid $35,000 per year and are reimbursed their tuition fees for the Bar
Admission Course. After six months of service with the Court of Appeal, law clerks achieve the
status of employee under the Civil Service Act of New Brunswick and, hence, are entitled to the
benefits generally available to all civil servants, including optional health and dental coverage.
This status also allows law clerks to apply for "In-Service" competitions, which are not
immediately available to members of the public.
C.
DUTIES
The work of a law clerk includes preparation of a synopsis of cases to be heard during the
month, researching legal issues, preparation of legal memoranda, editing of draft reasons for
judgment and assisting in the preparation of speeches and papers to be presented by members
of the Court. Law clerks are given the opportunity to attend appeal hearings and, thus, are able
to follow the history of an appellate case, beginning with the parties' legal submissions and
ending with the issuance of a judgment. Clerks are also given the opportunity to assist the
individual judges with respect to motions that are processed and heard during each month. As
the Court of Appeal is a generalist court, law clerks are exposed to a broad range of legal issues
in both the civil and criminal spheres. In addition, the clerks are allowed time off to work in a law
office.
D.
CAREER PROSPECTS
Former clerks are generally well-regarded by the legal profession. In particular, employers who
are seeking candidates with strong research and writing skills are particularly apt to hire clerks
post-call.
60
E.
QUALIFICATIONS
Applicants must have obtained a law degree from a recognized Canadian law school, or such
other institution as the Chief Justice recognizes as an "equivalent".
The Court has demonstrated a preference for students with strong academic backgrounds and
excellent research and writing skills.
Bilingualism is an asset.
F.
THE APPLICATION
Written applications will be received from students in their second year of law studies for the
position of law clerk to the Chief Justice of New Brunswick. Applications should reach the Chief
Justice no later than the end of January.
Candidates must forward:
 A curriculum vitae;
 Official transcripts of law school marks and copies of transcripts for all other postsecondary studies;
 Three (3) letters of reference, two of which must be from persons familiar with the
candidate’s academic work;
 A letter explaining why the candidate is seeking the position (cover letter); and
 One or more recent samples of legal writing.
All applications are to be addressed and mailed directly to:
The Honourable J. Ernest Drapeau
Chief Justice of New Brunswick
Justice Building, 427 Queen Street
Fredericton N.B.
E3B 5H1
Telephone: (506) 453-2454
Facsimile: (506) 453-7921
G.
INTERVIEWS
Candidates will be invited to an interview with the Chief Justice. Interviews are traditionally
conducted during the month of March. A decision follows within a few weeks.
For more information about the New Brunswick Court of Appeal, please visit the following
websites:
http://www.gnb.ca/cour/03COA1/index-e.asp
http://www.gnb.ca/cour/03COA1/articlingprogram-e.asp
61
CLERKING IN IQALUIT, NUNAVUT - NUNAVUT COURT OF JUSTICE
A.
INTRODUCTION
The Nunavut Court of Justice is unlike any other court system in the land. It is a Unified Court.
Simply put, there is a single level of court, rather than the Territorial/Provincial Court and
Superior Court system we see elsewhere in Canada. This fact allows for a very rich, diverse and
hands-on clerking experience.
As noted on the Court’s website, http://www.nucj.ca/unifiedcourt.htm#Unified:
“The Nunavut Court of Justice covers the entire territory of Nunavut with respect to the provision
of court services. As such, the Court travels to approximately 85% of the communities across
the territory. The Court does not travel to the smaller communities, (those which do not have
RCMP detachments) where very little crime is reported.
The Court travels to these communities every 6 weeks to 2 years, depending on the number of
charges coming into court from that community. On average, the Nunavut Court of Justice has 2
– 3 court sittings per week each year, with at least one traveling court circuit and one court
sitting in Iqaluit. Typically, the court will travel Monday to Friday by scheduled flight or charter,
with up to 3 community visits in one week.
Members of the circuit court include a Judge, court clerk, court reporter, prosecutor and at least
one defence attorney. Court workers and victim witness assistants might also travel with the
circuit court depending on the cases to be heard. Interpreters are hired in the communities
when possible but travel with the circuit court when necessary.
Court is held in community halls, school gyms, and in other conference facilities as available. All
court proceedings in the communities are interpreted for the public. Elders and Justices of the
Peace (JPs) sit with the Judge in the courtroom and are given the opportunity to speak with the
accused following sentencing submissions and prior to the passing of sentence.”
Furthermore, the clerking terms in Nunavut are very different from those in other Courts. The
term is only four months in length. As such, one clerking term alone does not satisfy the
requirements for the call to the bar. You must combine the four month term with a 6 to 8 month
rotation in private practice or in another approved legal environment to fulfill the 10 or 12 month
articling requirement. Please check with the Law Society in the jurisdiction you wish to practice
in for clarification and approval before you embark on this exciting opportunity in Nunavut.
Completed applications must be sent directly to the Court and received by their deadline.
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B.
SALARY AND BENEFITS
The current salary is under review. However, for the most recent four-month fall 2010 position,
salary was approximately $34.43 per hour plus a Northern Living Allowance of $7.70 per hour.
There is also a signing bonus in the amount of $2000.00 to help cover travel costs.
C.
DUTIES
Under the direction of the four resident Judges of the Court, the work performed by the law
clerks include preparing legal memoranda on court files prior to the hearing of the case,
researching specific legal issues, editing judgments and assisting in the preparation of
speeches and papers for presentation by a judge, travel on court circuits as required and
research and draft court policy and protocol.
The areas of law to which the law clerks are exposed include administrative law, criminal law,
Crown liability, human rights, aboriginal and environment law.
D.
CAREER PROSPECTS
Similar to other courts, former Nunavut Court clerks enjoy excellent post-clerk employment
opportunities. This is particularly the case for those with a commitment to practicing law in the
Northern regions.
Popular career paths include:






E.



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
Academia
Aboriginal Law
Civil Litigation
Constitutional Law
Criminal Defence
Crown Prosecution
Employment and Labour Law
Environmental Law
Family Law
Politics
Public and Administrative Law
QUALIFICATIONS
3. Bachelor of Laws or Juris Doctor or other law degree from a recognized Canadian Law
school or equivalent;
4. Language requirements vary according to the position. Proficiency in one of the official
language is mandatory. Proficiency in one of the other official languages of Nunavut
(English, French, Inuktitut, Innuinaqtun) is an asset.
5. The law clerk should have excellent research, writing and analytical skills and the ability to
work well with judges and other staff.
6. The candidate should have a strong independent work ethic and strong organizational skills.
7. Priority will be given to those with a demonstrated interest in criminal law.
Please note that preference will be given to Canadian citizens.
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F.
THE APPLICATION
Candidates must forward the following by the deadline: early November, 2010
NOTE: Envelope must be clearly marked with “Law Clerkship Application 2011−2012”
Please include:




a curriculum vitae; [specify citizenship]
a letter explaining why the position is being sought (i.e. cover letter);
official transcripts of law school marks and copies of transcripts for all other post–
secondary studies; and
one sample of legal writing which the candidates have written themselves.
An application will be considered provided the documents over which the student has control
(curriculum vitae, letter of explanation and writing samples) are filed by the deadline. Official
transcripts and letters of reference which will be sent directly to the Court may follow; however,
the student should indicate in the cover letter that arrangements have been made for them to be
sent to the Court.
All material should be sent to:
Denise Murphy
Judicial Assistant
Nunavut Court of Justice
dmurphy@gov.nu.ca
For further information on the Nunavut Court of Justice, please visit the following website:
http://www.nucj.ca/
G.
INTERVIEWS
Interviews will take place between November and December for a start date in January of the
following year. The interviews are conducted by Justices of the Court, current judicial clerks
and/or administrative members of the Court. Second and subsequent interviews may be held. If
applicants are required to travel to Nunavut to attend an interview, travel expenses are
reimbursed by the Court.
Please note that where there are new judicial appointments to the Court or expansion of the
clerkship program, interviews may be held at any time. Additional clerks may be hired right up
to the time the clerkship term begins. Students should note that these additional positions are
not always advertised; therefore, interested candidates should ensure they inform the Court of
their continued interest.
H.
APPLICATION AND INTERVIEW ADVICE
PROFESSORS, AND VISITING JUDGES
64
FROM
USTUDENTS,
CLERKS,

I.
The interview tends to be informal, with a component on situational decision-making.
The judges want to discover what kind of person you are, your interests, and your ability
to interact with others.
OTHER INFORMATION ABOUT CLERKING AT THE NUNAVUT COURT OF JUSTICE
FROM UWO STUDENTS, CLERKS, PROFESSORS, AND VISITING JUDGES
The Nunavut Court of Justice is a unified territorial and superior court administering justice to
the entire territory of Nunavut. The court offers a clerkship position three times a year: Winter
(January-April), Summer (May-August) and Fall (September–December).
The student is expected to work in Iqaluit, Nunavut from 8.30am to 5 pm, Monday-Friday, during
the entire period of the clerkship. In the past, students selected had already graduated from law
school and had significant experience in criminal law; including an understanding of sentencing,
evidence and criminal procedure.
The law clerk will have the opportunity to go on circuits with the Court during his/her time in
Nunavut. The circuit is usually for about 4-5 days and the travel arrangements are paid for by
the Court.
The position will give the selected applicant a good exposure to criminal law and the functioning
of the Nunavut Court of Justice. The work will not involve client representation. Unless
negotiated separately, the position does not count towards your province’s articling
requirements.
All previous students have managed to secure accommodations before coming to Nunavut. A
room is about $1000/ month but the wage should be enough to cover expenses in Iqaluit. –
Lemieux J. (Oct/99)
65
APPENDIX
WHY YOU SHOULD APPLY FOR A CLERKSHIP AT THE SUPREME COURT OF CANADA
By Professor Erika Chamberlain, University of Western Ontario Alumnus, clerk to Mr. Justice
Major (2002)
I can say, without hesitation, that the year I clerked at the Supreme Court of Canada was the
most memorable year of my life. It was a year filled with fascinating work and terrific people, and
it still influences my personal and professional life in many ways.
Professor McInnes’s article is very thorough in its description of the work performed by Supreme
Court clerks, and there is little I can add on that topic. I would like to stress that the workload
can vary significantly depending on the judge and the time of the year (the summer being very
slack). During my time at the court, there was only one month where I worked pat 4:30 in the
afternoon, and I never once worked on the weekend. Although other clerks had heavier
workloads, I strongly believe that, if you work efficiently, it is possible to lead a balance lifestyle
as a clerk.
You should also be aware that, since the McInnes article was written, clerks have stopped
preparing leave memos. This work is now performed by full–time lawyers who work for the
court.
One of my favourite aspects of clerking was the opportunity to watch the hearing. Typically, all
the clerks who prepare bench memos for a case will also attend the hearing, and there is a
special bench along the side of the courtroom that is reserved for clerks. The hearings are an
opportunity to witness some of the very best (and very worst) oral advocacy that this country
has to offer. You can learn a lot about effectively ways to interact with the bench, which
strategies are persuasive, and what types of issues most concern the judges. This exposure to
oral advocacy provides a very unique experience that would be valued by any firm engaged in
appellate litigation.
As fascinating as the work is, however, it is the people at the Supreme Court of Canada who
make the year memorable. First, and most obviously, clerking provides the opportunity to
develop a close relationship with a Supreme Court Judge. Very few lawyers ever have this
privilege. While the judges vary in the ways they interact with clerks (some are strictly
professional, while others have been known to hold slumber parties), they are all very generous
with their time and advice, and are great people to have in your corner regardless of your career
path.
On the whole, the judges very much appreciate their relationships with their clerks and the
youthful perspective that clerks bring to the court. Indeed, one of the judges’ favourite events of
the year is the “skit night” during which clerks poke fun at them. Many judges stay in touch with
their clerks throughout their careers. For instance, last December, Justice Major invited all his
clerks back to Ottawa to celebrate his retirement from the court.
Second, you will develop a close relationship with the other members of your judge’ “chambers”:
your two fellow clerks, a judicial assistant, and a court attendant. Because the latter two are
66
permanent employees, they can be valuable for teaching you about your judge’s routines, court
procedures, and life in Ottawa. Many chambers enjoy social events on a regular basis.
Most importantly, you will develop a close relationship with all your fellow clerks. Because most
clerks are from outside Ottawa, and because they work so closely together, the “clerkery”
quickly becomes a close−knit unit. Clerks typically celebrate birthdays and holidays together
and often organize trips to interesting sites and events around the National Capital. There is a
tradition of pick–up soccer on the front lawn of the court during the summer months, and the
clerks typically field a team in Ottawa’s legal softball league. Indeed, my memories of our
softball team, the Benchwarmers, are some of my favourites from my time at the court.
You will not only appreciate your fellow clerks on a social basis, but professionally as well. I was
constantly humbled by the intellect and accomplishments of my fellow clerks, and I learned a
great deal by discussing the law with them. After leaving the court, your fellow clerks become a
ready network of contacts around the world. Among the people with whom I clerked, several
have gone on to graduate studies and academia, others have gone to work at firms in Canada,
the US, France and England, while others work in government, the United Nations, or NGOs. If
you ever need a favour or information from someone in a given area of practice, odds are that
there will be an ex–clerk you can call. It is in this way that your one year as clerk has the
greatest potential to affect your professional life.
Finally, I would like to offer a word of advice on using a clerkship as a springboard for practice.
You will undoubtedly be told (directly or through the grapevine) that some firms will not hire a
clerk because he or she lacks “practical” experience. I would suggest that people think this way
are short–sighted and do not realize the advantages that clerks have in terms of their research
skills, their familiarity with appellate advocacy, and their intimate knowledge of the people who
make up the nation’s highest court. Any employer worth working for will understand the missing
year of “practical experience” is easily outweighed by a clerk’s unique experience and skills.
On a personal note, I would be happy to speak with any one who is thinking about applying for a
clerkship at the Supreme Court of Canada.
67
CLERKING AT THE SUPREME COURT OF CANADA
By MITCHELL MclNNES, JANET BOLTON and NATALIE DERZKO
(reprinted with permission)
(Professor Mitchell McInnes was a member of the Faculty of Law at the University of Western
Ontario.)
This article takes an in–depth look at the law clerks and the role they play at the Supreme Court
of Canada. Such an examination both informs prospective clerks on the nature of the position
and promotes a better general understanding of how the judicial process operates at this level.
The authors begin their analysis by looking at the history of the law clerks at the Supreme Court
Although the functions of the clerks have changed little since their introduction in 1968, the
clerkship program has evolved with a changing Supreme Court, contributing to the institution's
"coming of age. "
The authors then shift their attention to examining the present clerkship program. The article
first reveals the manner in which the clerks are selected by the Court Using data collected by a
questionnaire sent to clerks of the 1991–93 terms, the authors also attempt to convey, in a
general way, some sense of the people who have served at the Court in recent years. Next, the
major functions performed by the clerks are described. While the clerks do have a great deal of
responsibility, the authors dispel much of the criticism directed at United States Supreme Court
clerks by stating that the law clerks at the Supreme Court of Canada do not have an improper
degree of authority.
The authors conclude that the clerking experience benefits both the clerks themselves and the
procedures of the Court. As such, the law clerks are an entrenched and indispensable part of
the judicial process at the Supreme Court of Canada.
TABLE OF CONTENTS
I.
II.
III.
IV.
V.
VI.
VII.
INTRODUCTION
HISTORY OF CLERKING AT THE SUPREME COURT OF CANADA
THE CLERK SELECTION PROCESS
BIOGRAPHICAL SKETCH OF RECENT CLERKS
THE FUNCTIONS OF A LAW CLERK
A. LEAVE MEMORANDA
B. BENCH MEMORANDA
C. JUDGEMENT WRITING
THE CLERKING EXPERIENCE
CONCLUSION
(NOTE: the footnotes are omitted. Students who plan on applying should obtain the entire article
from the Alberta Law Review, [Vol. XXXIII, No. 1 1994] and review the additional details in the
footnotes.)
68
I. INTRODUCTION
From humble origins, the Supreme Court of Canada has evolved into one of the country's most
prominent institutions. And yet, in many ways, it remains one of the least understood. Although
the Justices have been increasingly willing to depart from the traditional rule of absolute
secrecy, even within the legal community there remains considerable uncertainty regarding life
at the Court. This uncertainty is particularly true with respect to the many people who work
outside the public spotlight. The nine men and women on the bench are certainly the most
important and visible members of the Court, but they do not act alone. This article will examine
one group of individuals who assist in the judicial process at this level: the law clerks.
The object of this article is twofold. On a general level, it is intended to further promote
accessibility to the Supreme Court of Canada. The institution can only benefit from better public
understanding; both lawyers and lay persons will feel a greater affinity with, and will have more
confidence in, a Court which is known to function openly. Second, on a more specific level, the
ensuing discussion is aimed at apprising prospective clerks of the nature of the position. Often,
it is difficult for potential candidates to acquire such information. Very little has appeared in print.
Moreover, while some Canadian law schools have a number of former clerks on faculty, the
same is not true at all universities. Consequently, in many instances, students have no resource
to which they can turn and, as a result, may be discouraged from applying. Obviously, this is an
unfortunate situation. Some outstanding students are effectively deprived of the opportunity to
enjoy a rewarding experience. Furthermore, the talent pool from which the judges select clerks
is neither as diverse nor as strong as it could be.
The discussion will be divided into five parts. First, the history of law clerks at the Supreme
Court of Canada will be examined. Second, the manner in which clerks are selected by the
Court will be explained. Third, a composite biographical profile of recent clerks will be sketched.
Fourth, the major functions performed by the clerks will be described. And finally, a few broad
observations on the clerking experience as a whole will be offered. The type of material that will
not be included in this paper also should be noted. Disappointment awaits readers who were
hoping for a northern version of Bob Woodward and Scott Armstrong's 1979 bestseller, The
Brethren. That controversial work, based largely on information disclosed by former United
States Supreme Court law clerks, breached traditional rules of confidentiality regarding the work
habits and personal attitudes of the judges, and the manner in which specific decisions were
reached by the American Court. By contrast, the authors of this article will observe fully the duty
of confidentiality to which they are subject.
II. A HISTORY OF CLERKING AT THE SUPREME COURT OF CANADA
While the United States Supreme Court has employed clerks since the 1880s, the history of
clerking at the Supreme Court of Canada has been relatively short. Although proposals to hire
clerks were made as early as 1948, it was not until 1967 that the position was established. As
Snell & Vaughan note, the decision to create the position was based largely on concerns
regarding the Court's heavy workload. However, there is no doubt that it also received impetus
from the success of clerkship programs in the American courts. Evidence of both sources of
inspiration can be seen in comments of Mr. Eldon Woolliams, MP for Calgary North, made in the
House of Commons during a 1968 debate regarding proposed amendments to the Judges Act:
In defense of the Supreme Court of Canada may I say that I think that its judges are
overworked. The judges of that court do not receive the assistance given to judges of the
69
supreme court of the United States, who have many lawyers behind them to help them
in research. In this country our judges have no such facilities and that is why they are
overworked, no doubt. l say that the answer to that problem is not to cut down on the
number of cases that come before the Supreme Court, but to enlarge the membership of
that court, if it needs to be enlarged, just as we are enlarging the membership of the
Superior Court of Quebec and the County Courts of Ontario.
The scheme approved in 1968 permitted each judge to hire one assistant. As today, clerks were
typically employed for one–year terms, although the Quebec judges (Fauteaux, Abbott, Pigeon
and later Beetz JJ.) briefly developed a practice of retaining the same individual for two years.
The program was expanded in 1983 to allow each judge two clerks, and again in 1983 to allow
the present complement of three. Both increases reflected the increased workload of the Court,
as well as the success of the clerkship program.
To a large extent, the functions performed by clerks have changed little in the past twenty–six
years. The primary duties continue to include the preparation of leave memoranda and bench
memoranda, and the provision of assistance in the drafting of reasons for judgment.
Nevertheless, several significant developments have altered the role of the clerks over time.
The first two are linked to the evolution of Court's ability to control its own docket. In 1968, when
clerks were first hired, most appeals heard by the Court, whether civil or criminal, arrived "as of
right". However, in 1975, an amendment to the Supreme Court Act eliminated the as of right
appeal for civil disputes involving more than $10,000. Thereafter, as remains true today, most
civil matters (and many criminal matters) came to require a grant of "leave"; the Court's
jurisdiction would be invoked only if a case raised a matter of "public importance", as identified
by the Court in its discretion. The number of applications for leave filed increased and judges
came to rely more heavily upon the clerks for the preparation of leave memoranda. The original
system under which each judge would have his clerk provide an oral or written opinion on each
application soon proved unworkable. Of necessity, a pooling system developed, and continues
to operate today, under which a memorandum prepared by one clerk is circulated to all nine
judges.
The 1975 amendment to the Supreme Court Act had another important effect on the nature of
the clerks' functions. By empowering the Court to control its own docket, the amendment
fundamentally altered the nature of the appeals heard. The Supreme Court of Canada ceased
to be a "court of error"; for the most part, it became able to restrict itself to cases involving
issues of national importance. As appeals raising complex social issues began to appear with
greater regularity, the type of research undertaken by the clerks was similarly transformed. It
became increasingly necessary to consider not only the immediate impact, but also the broad
policy implications, of each decision. And, of course, the enactment of the Canadian Charter of
Rights & Freedoms in 1982 and the clear establishment of the Supreme Court of Canada as the
final arbiter of constitutional rights added yet another dimension to the judicial enterprise.
A final significant factor in the evolution of the clerkship program stems from technological
advancements. The first clerks at the Court wrote memoranda by hand or employed the
services of a typist. Research consisted largely of searching through card catalogues and case
report indices. Such physical constraints inevitably restricted the length of memoranda and the
nature and depth of research. Today, each clerk has at his or her disposal desktop and laptop
computers, electronic databases and information retrieval systems, fax machines, and other
advantages of modern science. Consequently, it has become possible for clerks to prepare
memoranda which are lengthier and more thoroughly researched than previously was the case.
70
The introduction and expansion of the clerkship program at the Supreme Court of Canada has
contributed significantly to this institution's "coming of age". Like the 1975 amendment to the
Supreme Court Act, the use of clerks represents a move away from a conception of the judicial
function as one of simply resolving a dispute between parties. By increasing the Court's
capacity, and by providing perspectives not represented by litigants, clerks contribute to the
larger, policy–making role assumed by the Court in recent years. In an article written in 1966,
Brian Crane predicted that the appointment of clerks would permit Canadian judges "to cope
effectively with their workload while retaining the opportunity to exercise their creative powers to
the full." This statement has certainly proven true to a very large degree. Since their introduction
nearly three decades ago, clerks undeniably have become an entrenched and indispensable
part of the judicial process at the Supreme Court of Canada.
III. THE CLERK SELECTION PROCESS
The process by which individuals are selected to clerk at the Supreme Court of Canada is not
widely known. This section will describe the steps taken by both applicants and judges during
that process, and will suggest in very general terms the basis upon which candidates are
chosen.
Because clerks are selected twelve to twenty months in advance of their first day of service,
most applications received by the Court are submitted by students enrolled in their penultimate
year of law school. However, there is no rule to that effect. Consequently, it is not uncommon for
a student to apply during his or her final year of law school with a view to traveling, articling,
pursuing graduate studies, or clerking with another court between the time of graduation and the
commencement of a clerkship at the Supreme Court. Indeed, in recent years, a few individuals
have been hired several years after receiving a bachelor of laws degree.
The formal application requirements are not onerous. Because an application is submitted to the
Court, rather than to an individual judge, only one set of materials need be prepared. It includes
a covering letter, official transcripts of all university studies and four letters of reference, one of
which must be written by the Dean of the applicant's law school. Almost invariably, the Dean will
collect the materials from all students wishing consideration and forward the bundle to the Office
of the Chief Justice. The selection process is simplified if the Dean encloses a letter explaining
the marking system used within his or her faculty. Similarly, the judges are able to more easily
assess candidates if the Dean provides a rough ranking of the applicants from his or her school.
The closing date for applications varies from year to year, but inevitably occurs in late January
or early February. Once it has passed, the Chief Justice's Office collects, catalogues and
photocopies each application for distribution to the judges. As with other aspects of the selection
process, the task has become daunting. Although complete statistics are not available, it is clear
that the number of applications received annually is on the rise. For instance, in a single year
between 1993 and 1994, the number of applications increased by 32 percent from 160 to 211.
This trend will likely continue as more candidates become better informed of the opportunity to
clerk at the Court and as the marketplace for young lawyers both diversifies and becomes more
competitive.
Given that each application is considered by all nine judges and given the already pressing
workload borne by the members of the Court, a system has necessarily evolved whereby each
judge relies upon his or her clerks to conduct a preliminary review of the materials received and
to suggest a tentative short–list of candidates. Once that task is completed, a judge will
71
personally select a small number of applicants and request that the Chief Justice's Office
arrange interviews. Because interviews roughly coincide with the period of final examinations in
most law schools and because of the costs inherent in cross–country travel, every effort is made
to ensure that candidates chosen by several judges need visit the Court only once. And, in fact,
if short–listed by one judge, a candidate is apt to be short–listed by others as well. For example,
in 1994, only 80 of the 211 applicants were granted interviews, but the total number of
interviews conducted was 234. However, these figures can easily mislead; an individual granted
a single interview may be hired, whereas an individual short–listed by many judges may not be
selected. This is true because the success of any particular application depends upon a
coincidence of a candidate's qualifications and a judge's needs, and upon the prevalence of
certain skills within a given year's talent pool. A strong candidate who fails in his or her initial
application therefore may be encouraged to re–apply.
Once interviews are completed, the final selection procedure begins. By right of position, the
Chief Justice is entitled to hire three clerks immediately. Among the puisne judges, the
remaining process very much resembles a draft in a sports league. Each judge is permitted to
select one candidate at a time, in descending order of seniority with the Court. Thus, once the
most junior judge has announced his or her first pick, the most senior judge is permitted a
second selection, and so on until all positions have been filled.
It is very difficult to speak in the abstract of the basis upon which the judges exercise their
selections. The process involves an art, rather than a science, and certainly there are no
mechanical means by which successful candidates can be distinguished from unsuccessful
candidates before the draft actually occurs. Nevertheless, some indication of the qualities
commonly sought by the Court can be gathered by examining a profile of recent clerks. In that
respect, Section IV of this article suggests that an applicant may be more apt to be selected if,
for example, he or she has attended one of a small number of law schools, is bilingual, has
received training in both the common law and the civil law, or has a history of publications which
evidences an aptitude for legal research and writing. However, because the judges look not only
to formal qualifications, but also to personal traits, academic excellence alone may not be
sufficient to secure a position. Indeed, a judge may rely heavily upon reference letters and an
interview in determining whether or not an individual is truly the most desirable candidate
available. Given the tremendous workload of the Court, many clerks find their job to be trying at
times. Consequently, one of the most important traits that a person can possess is an ability to
perform under pressure effectively and in good humor.
IV. A BIOGRAPHICAL SKETCH OF RECENT CLERKS
Having examined the selection process, it seems logical at this point to describe the people who
have been chosen to clerk in recent years. Material is drawn from two sources. First, the Chief
Justice's Office kindly provided a list of the individuals hired to serve between 1967 and 1995.
Second, a questionnaire was sent to clerks who began their terms of employment between
1991 and 1993. Unfortunately, it was not possible to obtain complete information from even that
relatively small group. Because former clerks have moved on to a variety of positions around
the world, and because of the factors that depress the response rate in most surveys, reliable
data was collected from 47 of a possible 80 individuals.
Given the limited nature of the resources available in the preparation of this article, the ensuing
discussion clearly is not comprehensive, nor is it intended to provide a profile of the "average
clerk". Rather, its aim is to convey, in a general way, some sense of the people who have
72
served at the Court in recent years. Individuals considering applying for a position should not be
discouraged by the fact that they may not possess some of the qualifications that will be
mentioned. The clerks are a varied group and the factors that lead to the selection of any
particular individual depend a great deal upon the needs of a particular judge.
The first point to be noted pertains to the representation of the sexes. While clerks were initially
hired in 1967, it was two more years before a woman served at the Court; in 1969, Hall J.
employed Susan Steer Gibson. Moreover, notwithstanding the occasional presence of a female
clerk thereafter, the position long remained male dominated. Until 1978, no more than two
women served simultaneously, and as late as 1979, every clerk serving with the Court was a
man. However, there is no reason to assume that there was active discrimination within the
Court during the early years of the clerkship program. The lack of women at the Court
undoubtedly was largely a function of the limited number of women graduating from Canadian
law schools at that time.
Since the early 1980s, the number of women at the Court has increased sharply. This trend
cannot be explained simply on the basis that the number of clerks permitted to each judge rose
from one to three during the last decade; in recent years, the clerks have been predominantly
female. Of the individuals hired to commence their period of clerkship between 1991 and 1995,
72 were women and 63 were men. Once again, however, it is unlikely that any judge specifically
favors one sex over the other. The selection process is based on relevant credentials, not
merely personal characteristics; the fact that more women than men have been hired in recent
years is more plausibly explained on the basis of the applications received by the Court.
While the questionnaire provided to former clerks did not ask of other personal characteristics, a
few observations can be offered. First, while most are single, it is by no means unusual for a
clerk to have a partner and/or children. Similarly, though the majority of clerks arrive at the court
during their mid to late twenties, some, having entered law school relatively early in life, are
younger, while others are considerably older. It would be most unfortunate if a potential
candidate assumed otherwise and refrained from applying as a result.
The questionnaire distributed to former clerks inquired as to their educational background, aside
from law school. Of the 47 respondents, 41 held bachelor degrees. Of that group, 30 had
graduated in arts, six in science, three in fine arts, and one each in education and commerce.
Interestingly, 14 of the respondents entered law school with a masters degree, and one
individual held a doctorate prior to commencing legal studies. Because it is far more common
for clerks to undertake graduate studies in law after completing a period of clerkship, only one
respondent held an LL.M. and a Ph.D. in law before serving at the Court. The precise extent to
which the judges are influenced by such factors during the selection process is impossible to
determine. Nevertheless, an applicant surely benefits in some measure from any special
qualification which he or she has received, particularly if it evinces an ability to research,
analyze and write effectively.
Information with respect to legal training was available for 111 clerks hired to serve between
1991 and 1995. Members of that group represent seventeen of Canada's twenty–one law
schools. However, as might be expected, the numbers are not equally distributed; some schools
placed several clerks at the Court every year, while others only occasionally enjoyed that honor.
The University of Toronto and McGill University easily topped the list with 22 and 17 clerks
respectively. The figures for the remaining schools are as follows: the University of Ottawa (10
students), the University of British Columbia (9), Dalhousie University, Osgoode Hall Law
School and the University of Alberta (8 each), Queen's University and the Université de
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Montreal (5 each), Université Laval (4), the University of Windsor, the University of Western
Ontario and the University of Victoria (3 each), the University of Manitoba and the University of
New Brunswick (2 each), and the University of Saskatchewan and the University of Calgary (1
each).
The uneven representation of law schools may be explained by a number of factors. First, some
law schools are larger than others; all else being equal; a graduating class of less than 80
cannot be expected to produce as many clerks as a graduating class of more than 300. Second,
certain universities enjoy particularly favourable reputations which benefit their graduates. Third,
some law schools provide their students with special skills which may prove advantageous in
the selection process. For example, the judges often respond to the fact that McGill University
and the University of Ottawa offer training in both official languages and in both of Canada's
legal systems. Fourth, for a variety of reasons, a judge may tend to hire clerks who graduated
from universities in his or her home province or region; however, this factor is easily overstated,
as the selection process involves many considerations of which geography is but one. Finally, it
appears that the presence of former clerks within a law school is correlated to the successful
application rate of its students. While many factors are undoubtedly involved, it seems more
than mere coincidence that, for example, the University of Toronto and McGill University each
have many former clerks on staff and each place several clerks with the Court each year.
As suggested in the preceding paragraph, while certainly not necessary, bilingualism is
unquestionably an asset for prospective clerks. Ideally, a clerk is able to assist his or her judge
with the materials written in both French and English. Consequently, it was not surprising to find
that of the 47 individuals who responded to the questionnaire, 24 were fluently bilingual, while
another 9 were functionally proficient in both official languages. An applicant is similarly
advantaged if he or she has received training in both of Canada's legal systems. However, the
incidence of bijuridical clerks is far less pronounced than the incidence of bilingual clerks. Of the
individuals who responded to the questionnaire, only 9 held degrees in both common law and
civil law. Thirty four were trained exclusively in the former, and 4 were trained exclusively in the
latter.
Judges undoubtedly are interested in knowing whether or not a candidate has a proven ability to
write clearly. Most individuals are hired while in their second or third year of law school, and
therefore have had little opportunity to publish prior to applying to the Court. Nevertheless,
perhaps because it is often perceived as an important stepping stone to a career in academia,
the position does attract a significant number of applicants with literary inclinations. Thus, while
few of the 47 questionnaire respondents had published legal articles prior to being hired, 15 had
produced work which was accepted by, or actually appeared in, law journals by the time their
clerkship began. Furthermore, approximately one third of the respondents had served on a law
review editorial board during law school.
Given the desirability of hiring interesting, well–rounded individuals, judges also consider other
types of extra–curricular activities undertaken during studies. It is therefore not surprising to find
that over half of the questionnaire respondents had been involved in moot court competitions.
Several others mentioned involvement in legal aid services, faculty research projects, feminist
organizations and student organized "skit nights".
Finally, the questionnaire inquired as to the clerks' future plans. Because of the broad range of
answers received, it is impossible to discuss the survey results in concrete terms. On a general
level, however, it can be noted that a strong majority intended to practice in the foreseeable
future. Some members of that same group also expressed an interest in simultaneously
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teaching law, and approximately one–fifth of the respondents indicated that their primary or
exclusive interest was in the academic world. And, finally, a small number of individuals were
uncertain as to whether they wished to remain in the legal profession at all.
The responses are not unexpected. First, it is no longer true (if it ever was true) that a clerkship
at the Court is a guarantee of success. Today, the marketplace is such that recent graduates
frequently find it difficult to secure preferred positions in private practice, the public sector or
academia notwithstanding superior qualifications, such as periods of clerkship with courts,
graduate degrees in law or outstanding law school grades. Nevertheless, a clerkship with the
Supreme Court of Canada undoubtedly is a valuable asset which occasionally opens doors that
would otherwise remain shut. On a more positive note, the uncertainty which many of the
respondents expressed is attributable not only to prevailing economic conditions, but also to the
unprecedented range of choices now open to law school graduates. While many clerks will
follow traditional paths in law firms and law schools, others will exploit their training in new and
imaginative ways.
Accordingly, it can be expected that at least some recent clerks will follow in the footsteps of
their predecessors and achieve positions of prominence in Canadian society, whether it be in
academia, private practice, the judiciary, or some other sector.
V. THE FUNCTIONS OF A LAW CLERK
The number and nature of the clerks' tasks vary, sometimes significantly, with the needs and
expectations of the various judges. For example, if a judge wishes to deliver a speech, it may
fall upon a clerk to assist in the drafting of the lecture; if a judge has prepared an article for
publication, a clerk may be asked to proofread the paper or check footnote citations. More
substantively, one judge generally may demand that each issue raised in an appeal be the
subject of extensive research prior to hearing, while another may direct that research be
focused on specified makers. So, too, the extent to which a judge relies upon a clerk's services
may be a function of the amount of confidence that the clerk has inspired on the basis of past
performance. Nevertheless, there are basic services which are performed by all twenty–seven
clerks: (a) the preparation of leave memoranda, (b) the preparation of bench memoranda, and
(c) the provision of assistance in the drafting of reasons for judgment. Each will be examined in
turn.
A. LEAVE MEMORANDA
While there are various ways in which a maker may come before the Supreme Court of Canada,
the most common is through a grant of leave. For example, of the 133 appeals heard in 1993,
nearly 80 originated with leave applications. However, it must not be thought that the leave
process is an easy means of access; while many call, few are chosen. The Court receives in the
neighbourhood of 500 applications each year, but exercises its discretion in favour of allowing a
hearing only about 20 percent of the time.
Clearly, given the number of applications filed, it would be inefficient and impractical, if not
impossible, for every member of the Court to assume an active role in the determination of each
file. Accordingly, most applications are determined by one of three leave panels, each of which
is comprised of three judges. The panel to which an application is assigned takes into account
the views of other members of the Court, but ultimately makes the final decision alone.
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To further maximize the use of the Court's resources, the clerks pre–screen the applications and
provide recommendations as to dispositions. Each clerk is associated with one of the three
leave panels. Approximately once a week, a list is distributed indicating the applications which
have been assigned to each panel. At that point, responsibility for distribution falls to the clerks;
one clerk associated with the panel to which an application has been assigned will volunteer to
prepare a "leave memo". The process is honour–based; while formal enforcement mechanisms
do not exist, each clerk knows that he or she is expected to complete approximately 20 memos
per year. Where basic notions of fairness fail to take hold, peer pressure generally prevails;
exceptional circumstances aside, the system operates smoothly and each clerk shoulders an
equitable share of the work.
Depending on the nature of an application and a clerk's style of research and writing, a leave
memo may range in length from 4 to 40 pages, but typically is in the order of 15 pages long.
Invariably, it states the essential facts, provides a procedural history of the case, summarizes
the decisions of the lower courts, and states the issues. Depending upon a clerk's inclinations
and the expectations of his or her judge, an additional section may summarize the parties'
submissions. The most important, and typically longest, part of the memo examines whether or
not the application should be granted. In that regard, guidance normally is taken from s. 40(1) of
the Supreme Court Act, which provides that the Court may grant leave to appeal if it is of the
opinion that an application raises a question which:
[B]y reason of its public importance or the importance of any issue of law or any issue of
mixed law and fact involved in that question, is one that ought to be decided by the
Supreme Court of Canada or is, for any other reason, of such a nature or significance as
to warrant decision by it....
In the context of leave memos, a clerk's research is aimed at answering a number of questions.
Are the issues raised of public importance, or are they significant to the litigants alone? Are they
the subject of uncertainty? Have they been decided differently by different appellate courts? Has
the Supreme Court of Canada recently spoken to the primary questions posed in the
application? If so, it may be desirable to allow the lower courts time to settle subsidiary matters
before speaking again. Has leave been granted in another appeal which raises the same, or
similar, issues and for which judgment is still pending? If so, it may be unnecessary to grant
leave. However, if the other appeal has yet to be heard, it may be desirable to hear both matters
together.
Conspicuously absent from the preceding list of questions is one that asks whether or not a
case was correctly decided in the court below. Often, whether through a misunderstanding of
the Court's jurisdiction or simply through wishful thinking, lawyers wrongly approach the
Supreme Court of Canada as though it is a court of error which exists to rectify all mistakes
committed by lower courts. Consequently, many applications are filed which clearly do not
satisfy the leave requirements set out in the Supreme Court Act and other statutes. True, when
preparing a leave memo, a clerk will typically offer a summary assessment of the lower court's
judgment. However, a negative appraisal alone is not sufficient to warrant a positive
recommendation; at most, it may buttress the arguments in favour of granting leave in a
borderline application.
It is difficult to gauge the clerks' impact upon the leave determination process. Although
statistics are not publicly available for the Supreme Court of Canada, it is known, for instance,
that Vinson C.J. of the United States Supreme Court rarely deviated from his clerks'
recommendations. However, that statement is misleading. First, because the proper disposition
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of most applications is uncontentious, the clerks' efforts typically are a matter of convenience
rather than influence. Second, while perhaps pronounced in the United States, the danger of
clerks exercising undue influence is minimal in Canada. As noted above, different systems are
used for processing leave applications in the two countries; a judge is much less likely to be
misled by a fifteen page memo than by a one page memo.
B. BENCH MEMORANDA
In recent years, the Supreme Court of Canada has heard, on average, between 125 and 135
appeals annually. The burden on each judge is considerable, and without assistance, the
members of the bench would undoubtedly find it difficult to fully prepare for each hearing.
Accordingly, the Justices have come to rely upon the clerks for the preparation of pre–hearing
memoranda. Typically, each judge assigned to a case asks one of his or her clerks to prepare a
"bench memo". However, variations do occur. Some judges request their clerks to prepare
memos on selected cases only. And occasionally, if the pressures bearing upon a clerk become
too great, that person may, with his or her judge's permission, borrow a bench memo prepared
by a colleague for another judge.
Bench memos and leave memos share many features. For example, both generally contain a
recitation of the facts and procedural history of the case in question, as well as a summary of
the lower courts' decisions and perhaps the parties' arguments. However, there are important
differences. Most obviously, bench memos are typically much longer than leave memos. On
average, the former run to between 20 and 45 pages, as compared with 15 for the latter. Once
again, however, length can vary significantly depending upon the number and complexity of
issues raised, the number of parties submitting factums, the instructions and expectations of a
particular judge, and the writing and research style of a particular clerk. An especially
complicated matter may demand a bench memo in the order of 75 pages, but in a simple
appeal, a judge's needs may be met in less than 15.
A bench memo also differs from a leave memo with regard to purpose, and hence content.
Whereas the latter assists the Court in determining the relatively simple question of whether or
not an appeal should be heard, the former assists a judge in determining the more difficult
question of how an appeal should be decided. Accordingly, a good bench memo, like a good
law school examination answer, thoroughly considers each pertinent issue with a view to
discovering how the relevant rule of law ought to be formulated and applied. The exercise is, of
course, based on analysis rather than advocacy. While a clerk typically arrives at a
recommendation, generally speaking, it is not the proper function of a clerk to champion one
side or another in an appeal. Rather, a clerk should provide his or her judge with a critical
examination of the parties' arguments and a thorough exegesis of the applicable law.
In many cases, particularly if he or she seeks the judge's guidance before drafting, a clerk's role
in the pre–hearing phase of an appeal ends upon completion of a bench memo. However,
having received a memo, a Justice may contact the responsible clerk to request that additional
research be conducted, or simply to discuss a contentious issue. A bench memo may not
adequately have explored an important issue, or it may have raised a novel point or perspective
which intrigues the judge. As might be expected, bench memos typically consume a
considerable portion of a clerk's energy. Although circumstances vary significantly, it would not
be unusual for time to be allocated along the following lines: bench memos: 50 percent; leave
memos: 25 percent; judgments: 15 percent; miscellaneous: 10 percent. However, while those
figures may remain constant, any particular task is apt to require less time at the end of the year
than at the beginning of the year. Most clerks begin their term at the Court with little previous
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legal experience outside of the classroom. Consequently, for example, the preparation of a first
bench memo may stretch on inefficiently. Of necessity, clerks quickly recognize the basics of
time management and acquire the skills needed to work effectively. Moreover, they come to
share the judges' appreciation of the practicalities of the judicial process; it is impossible to
examine exhaustively every issue raised in every case. Given the nature of the appeals that
come before the Court, many bench memos, like many judgments, could expand to fill volumes
if time permitted. Few members of the legal community mourn the fact that reality dictates
otherwise.
C. JUDGMENT WRITING
At the conclusion of the parties' arguments, the members of the Court comprising the corarn will
meet in conference and one or more judges will be assigned the responsibility of delivering
reasons for judgment. Often, though not always, the clerks again are involved.
A clerk's role depends entirely upon his or her judge's approach to writing. Occasionally, at
least, a judge may personally undertake the process of drafting reasons from start to finish, and
employ a clerk, if at all, for proofreading services. Generally, however, greater reliance is placed
on the clerks. Typically, having heard argument, a judge meets with the clerk who wrote the
bench memo for the appeal under consideration, describes in fairly specific terms the reasoning
to be employed and the result to be reached, and requests that a draft judgment be prepared.
Once the clerk completes the initial task, the judge invariably asks that alterations be made.
Exceptionally, if a clerk began with a very clear understanding of both the case on appeal and
his or her judge's expectations, the changes may be relatively minor or simply of a stylistic
nature. More commonly, the written reasons must be substantially clarified or tightened. And not
infrequently, as in any writing exercise, a first draft may simply focus the analysis and eventually
serve as a mere blueprint for the final product. In any event, the editing process is usually
repeated several times before the judge is satisfied.
Once completed, a draft opinion is circulated for consideration by the other members of the
Court who heard the appeal. And again, the clerks' services may be employed. Frequently, a
judge will ask the clerk who prepared the bench memo for the case in question to comment
upon the circulating judgment with a view to determining whether or not it should be joined, with
or without alterations. Depending upon the judge's degree of bilingualism, one of his or her
clerks may also be asked to provide a translation of the draft opinion. For that reason, among
others, each chamber should contain at least one bilingual clerk.
One occasionally encounters the suggestion that Supreme Court clerks wield too much power;
in particular, it is sometimes alleged that clerks do not merely assist in the drafting of opinions,
but actually write judgments. Though not as prevalent in this country, the criticism is often heard
in the United States. For example, Professor Kurland has recalled the manner in which past
Justices operated, noted the extent to which the American Court now relies upon its clerks, and
suggested that "Brandeis would be aghast." Similarly, Professor Mann has disparagingly written
that clerks in the United States Supreme Court "frequently write judgments which their masters
often merely adopt and which a qualified observer can easily recognize as the work of a
beginner."
Interestingly, four years after serving as a clerk to Jackson J. and many years before becoming
a Justice of the United States Supreme Court himself, William Rehnquist spoke of the undue
and subversive influence which clerks often had on the decision making process. While Chief
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Justice Rehnquist now defends the role assigned to clerks, in 1957, he offered the following
observations.
Most of the clerks are recent honor graduates of law schools, and, as might be
expected, is an intellectually high–spirited group. Some of them are imbued with deeply
held notions about right and wrong in various fields of the law, and some in their youthful
exuberance permit their notions to engender a cynical disrespect for the capabilities of
anyone, including Justices, who may disagree with them.
The bias of the clerks, in my opinion, is not a random or hit–and–miss bias. From my
observations of two sets of Court clerks during the 1951 and 1952 terms, the political
and legal prejudices of the clerks were by no means representative of the country as a
whole nor of the Court which they served.
After conceding a wide diversity of opinion among the clerks themselves, and further
conceding the difficulties and possible inaccuracies inherent in the political cataloguing
of people, it is nonetheless fair to say that the political cast of the clerks as a group was
to the "left" of either the nation or the Court.
Some of the tenets of the "liberal" point of view which commanded the sympathy of a
majority of the clerks I knew were: extreme solicitude for the claims of Communists and
other criminal defendants, expansion of federal power at the expense of State power,
great sympathy toward any government regulation of business—in short, the political
philosophy now espoused by the Court under Chief Justice Earl Warren.
There is the possibility of the bias of the clerks affecting certiorari [Leave application]
work.... I cannot speak for any clerk other than myself in stating as a fact that
unconscious bias did creep into his work. Looking back, I must admit that I was not
guiltless on this score, and I doubt if any of my fellow clerks were much less guiltless
than I. And where such bias did have any effect, because of the political outlook of the
group of clerks, its direction would be to the political "left".
Finally, some American commentators have invoked literary considerations in decrying
the United States Supreme Court's employment of recent law school graduates.
For three years they have drummed into them that the acme of literary style is the law
review article. It is scarcely surprising that the standard opinion style has become that of
student–run reviews: colorless, prolix, platitudinous, always error on the side of
inclusion, full of lengthy citations and footnotes—and above all du11.
The fact that a judge will invariably review and personalize a draft opinion does little to
appease nostalgic critics.
The individual flair that makes the opinions of a Holmes or Cardozo literary as well as
legal gems has become a thing of the past. There is all the difference in the world
between writing one's own opinions and reviewing opinions written by someone else. It
is hard to see how an editor can be a great judge. Can we really visualize a Holmes
coordinating a team of law clerks and editing their drafts?
Whatever the situation south of the border, clerks in this country do not exercise an improper
degree of authority. Any suggestion that Canada's Justices abdicate their responsibilities for
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writing judgments is false; in every instance, a decision of the Court ultimately and
fundamentally is the product of the nine men and women who sit on the bench. Of course, that
is not to deny that the clerks enjoy some input. For example, a judge who votes tentatively at
conference may revise his or her position to take account of a previously overlooked theory or
authority which a clerk discovers only in the course of post–hearing research. Furthermore,
because of the time constraints imposed on the judges, it would seem impossible for them,
acting alone, to conduct the breadth and depth of research that currently informs their decisions.
And it may be, in some instances, that judgments are lengthier as a result of the clerks'
presence. Finally, it seems unlikely that the Court would be able to render its decisions as
quickly as it presently does, but for the services of the clerks.
Nor can it reasonably be argued that, regardless of authorship of judgments, Canadian clerks
enjoy positions of great persuasion. As Alexander Bickel observed on the basis of his
experience at the United States Supreme Court, clerks "are in no respect any kind of powerful
kitchen cabinet." Because a term of employment at the Supreme Court of Canada rarely
exceeds twelve months, even the most ambitious clerk would find it difficult to win from a judge
the degree of confidence required for the exercise of significant influence. More importantly,
there is an obvious disparity in knowledge and experience between the members of the Court
and their clerks. While a clerk exceptionally may enjoy an area of some expertise, the fact
remains that even the brightest person, having recently completed three or four years of law
school, plus perhaps a graduate degree in law or a year's clerkship with another court, will lack
both the degree of specialized learning and the broad understanding of the law that comes only
with time.
VI. THE CLERKING EXPERIENCE
Because of the many variables that may affect a clerk's workload and his or her ability to
efficiently manage time, it is somewhat difficult to generalize about the work experience at the
Court. The stereotypical view of exceedingly long hours and intense pressures certainly proves
true for a number of individuals each year. It is not unusual for clerks to occasionally work well
into the night and to spend at least part of every weekend at the office. However, by no means
is a monastic lifestyle invariably required. Many clerks are able to work reasonable hours, and
often it is entirely possible to easily balance professional responsibilities with the responsibilities
of a spouse, partner or parent. Indeed, some clerks also are able to accommodate time
consuming, extracurricular interests, such as sporting activities or law review writing.
It is similarly difficult to generalize about the social experience at the Court. As between judges
and clerks, personal relationships vary widely. Within the work environment, some members of
the bench prefer to communicate primarily by way of memoranda or telephone, while others
schedule regular meetings each week. Similarly, outside the Court, some judges prefer to
divorce the professional and the personal, while others occasionally arrange to meet with their
clerks for a game of squash or a day of skiing.
As might be expected, socializing is far more common amongst the clerks. Many share
interests, most are from outside the Ottawa area, and all spend a great deal of work–related
time together. Consequently, it is only natural that extra–curricular activities are frequently
arranged and lasting friendships are often developed. Indeed, in responding to the
questionnaire that was distributed for the purposes of Section IV of this article, many former
clerks indicated that the most rewarding aspect of their year at the Court was personal, rather
than professional.
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VII. CONCLUSION
Now in its third decade, the clerkship program at the Supreme Court of Canada clearly is a
success. While it is easy to overstate the matter, some credit for the institution's current level of
efficiency must be attributed to the clerks' presence. Access to trained research assistants
eases the burdens placed on the judges and improves the quality of justice delivered by the
bench. Moreover, the program is successful on a personal level. A year at the Court provides an
unparalleled opportunity to witness the judicial enterprise behind the scenes and at its highest
level. The lessons to be learned are incalculable and the rewards to be gained are invaluable. It
is hoped that this article will encourage all qualified candidates to offer their services to the
Court.
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CLERKING AT THE SUPREME COURT OF CANADA
By Derek McKee (B.C.L./LL.B. ’06), McGill University Alumnus
I had the opportunity to clerk for Chief Justice Beverley McLachlin at the Supreme Court in
2006-07, and it was an incredible experience.
Each justice of the Supreme Court of Canada is assisted by a team of three clerks, who are
usually recent graduates of Canadian law faculties. These clerks normally divide up the cases
among themselves, so each clerk gets involved in approximately one-third of the cases in any
given year.
In the days leading up to each hearing, a clerk will review the materials and prepare a “bench
memo” briefing his or her judge on the case. Clerks also provide judges with research, editing
and commentary when reasons are being drafted. From time to time, clerks also help their
judges with speeches, articles and other projects. Depending on one’s judge, the working
relationship can be a very close one, or more distant and professional. But each judge takes his
or her clerks’ ideas very seriously.
For me, clerking at the Supreme Court was the perfect capstone to my McGill legal education.
Almost every case that comes to the Supreme Court is a hard one. The Court is often asked to
reconcile competing legal principles, to draw boundaries between different areas of law, or to
point the direction for the future development of the law. I was thrilled to be exposed to these
discussions and given a chance to participate. At times I was overwhelmed; as in the practice of
law, I sometimes had to plunge into unfamiliar legal topics. But the Supreme Court’s
jurisprudence is seldom highly specialized; one’s ability to make connections between different
areas of the law, and understand the underlying principles, is more important than substantive
expertise.
Clerking at the Supreme Court is fabulous because the experience is shared with 26 wonderful
colleagues. Supreme Court clerks work very hard, but they do so cooperatively. At least in my
year, there was hardly any competition among the clerks. On any given case, I would normally
have eight colleagues (clerks working on the same case) to whom I could turn for substantive
legal discussions—and sometimes lively debates! Having flocked to Ottawa from across the
country, often far away from friends and family, clerks also tend to socialize together, and spend
many evenings and weekends getting to know each other—inside or outside the Court building.
The selection process for Supreme Court clerks is extremely competitive, so being picked is a
great honour. It can also require a certain amount of luck: many supremely qualified students
are turned away each year. The prestige associated with a Supreme Court clerkship has been
known to open doors: in litigation practice, in graduate studies and academia, and elsewhere.
A few tips for clerk applicants:
1. Make your cover letter say something about yourself, but keep it brief (3-5 paragraphs is
usually best). Highlight what will make you stand out from the crowd. If you are bilingual, make
this clear.
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2. Pick your referees carefully and make sure they are in a position to comment on your
abilities. Legal academic references are essential, but you can also have one or even two
references from employers, if these would say more about you. Make sure your referees
understand what is expected, and what you would like them to discuss. Since the candidate
pool is so competitive, a terse or lukewarm letter can be deadly.
3. Try, try again: Each judge does his or her hiring independently, so there are always some
great candidates who slip through the cracks. If you miss out one year, it may be worth another
shot. Students who apply in their third or fourth year tend to have a longer list of law-related
achievements to display.
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CLERKSHIP AT THE FEDERAL COURT OF APPEAL FOR MR. JUSTICE SEXTON
By Professor Jassmine Girgis, University of Calgary Faculty of Law
(reprinted with permission)
I clerked for the Hon. Mr. Justice Sexton at the Federal Court of Appeal (“FCA”) in the year
2005-06. Each judge at the FCA appoints one clerk for the year. The clerk is interviewed and
hired directly by the judge for whom he or she will be clerking. I can only comment on the
experience of clerking with Sexton J.A., as clerks’ individual experiences vary greatly,
depending on the judge with whom they’re working.
Let me begin by saying that clerking was the single best learning experience I have ever had. I
strongly urge any of you to consider doing it.
My Function as a Law Clerk
Bench Memoranda
The largest part of my job entailed writing bench memos. I was not required to write one for
each case on which Sexton J.A. sat, but only the more complicated ones. This usually entailed
writing an average of 1.5 to 2 memos per week. The memos were, on average, 20-30 pages
long, depending on the number of issues raised by the parties, the complexity of the proceeding
and length of the hearing (the last of which is determined by the Chief Justice). A hearing could
be scheduled for anywhere between ½ hour to 3 days.
The process was as follows. Parties were required to submit their materials to the court about 23 weeks before the appeal was scheduled to be heard. Upon submission of the materials,
Sexton J.A. would receive copies of the relevant documents and I would receive all the material.
I was required to read the relevant material and prepare a memo. Justice Sexton read the
copies provided to him and formed an initial opinion, but usually refrained from giving me any
indication as to his position so as not to influence my thinking while I wrote the memo.
The memo contained parts summarizing the facts and the parties’ arguments. However, the
most important part of the memo, and usually the longest and most complex, was the analysis.
This portion would analyse the parties’ arguments according to the law, and would also contain
policy arguments, if applicable. It entailed looking at the interplay of statute and caselaw and
concluding whether the parties’ arguments could be supported by the current law. At the end of
each memo, I was required to come to a conclusion as to whether I would dismiss or allow the
appeal. Occasionally, I would be required to research specific legal issues, usually if the parties
had omitted relevant caselaw.
After submitting a memo to Sexton J.A., I would usually meet with him and we would discuss my
opinion and his. These discussions were one of my favourite parts about clerking. They allowed
me glimpses into the thought process employed by judges in reaching their decisions. He
would question me about parts of my memo and I would often be required to defend my opinion.
He would also tell me his opinion. Essentially, the discussions entailed the voicing of different
opinions, any of which were open to debate. It was a very effective learning process for me.
It was also interesting to see, after having written the memo, how the legal issues actually
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played out in court and whether they took a format similar to that taken in the memos.
Drafting Judgments
I found this to be the most challenging, most stressful and most enjoyable part of clerking. It
required an ability to state the law in the clearest and most concise manner. My writing skills
were greatly enhanced as a result of this experience. I didn’t draft many judgments, because
bench memos took up the majority of my time, but I did have the chance to draft some
judgments.
After hearing an appeal, Justice Sexton would tell me where he stood and would give me an
outline of his reasons to support his decision. I would then draft the decision. There were usually
about 5-6 drafts of each decision before it was finalized and released.
Preparing Speeches
This is part of the job but probably a larger part for the Chief Justice’s clerk.
Types of Law before the Federal Court of Appeal
I dealt with the following areas of law:
· Administrative Law
· Intellectual Property, including Patents, Patented Medicines, Trademark and Copyright
· Labour Law
· Pension Law
· Immigration and Refugee Law
· Human Rights
· Admiralty Law
· Constitutional Law
· Crown Liability Law
· Income Tax Law
· Aboriginal Law
· Transportation Law
· Environmental Law
Advantages of Clerking, specifically at the FCA
The biggest advantage, in my opinion, is the opportunity to view the judicial making process,
back stage. Listening to the judges discuss cases and the opportunity to learn, first hand, from
the judges, their reasons as to why they reached certain decisions, is invaluable.
The opportunity to observe the lawyers that come before an appellate court is very beneficial for
future litigators. Through watching the lawyers, clerks learn how to conduct themselves in court
and how to effectually structure their legal arguments. The judges will also discuss aspects of
the oral arguments, both delivery and content, and whether they were effective, with the clerks.
As a result of reading hundreds of facta, and discussing them with the judges, clerks learn the
art of factum writing and, conversely, the things that should never be included in a factum.
Logic and analytical skills are greatly enhanced as a result of the legal analysis clerks are
required to undertake with regard to each appeal. It is a very intellectually-stimulating
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experience. Also, writing skills are vastly improved.
The working relationship at the FCA is essentially between the judge and his or her sole clerk
for an entire year, which allows for a close bond and strong mentor relationship to develop.
As a final note: Learning about the different areas of law in the jurisdiction of the Federal Court
is valuable, but the most valuable aspect of the experience is the skill set that clerks ultimately
develop. So if you are not yet positive about the area of law you will be pursuing, don’t let that
discourage you from applying to the FCA, or Federal Court Trial. While there are some judges
with an expertise in a specific type of law who are looking for clerks who have an interest in that
specific expertise, that is not the case with most judges. Most are only looking for clerks with a
strong academic background who can formulate opinions and defend them.
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CLERKING AT THE COURT OF APPEAL FOR ONTARIO
By Professor Chi Charmody1
The year I spent at the Ontario Court of Appeal – or the Court of Appeal for Ontario, as one of
my fellow clerks was once sharply reminded – is something I will never forget. It was a unique
articling experience. I remember how it all began: the interview on a snowy December morning,
the offer that reached me on a cold February night, the grey day in June, 1992 when I walked
into Osgoode Hall to start work with three other law clerks. Somehow the weather seemed to
have a lot to do with it.
After a meeting with Mr. Justice Catzman, who has responsible for the clerking program, we
were ushered into the office of the Court’s Administrative Officer, John Kronkamp, and sternly
reminded that any leaks were grounds for dismissal. That said, we were shown to the large
room on the ground floor where the law clerks – nine in all that time – shared a large office and
were given desks. I remember the view out onto University Avenue was good, but otherwise the
office was nothing fancy. Just plain desks. A computer. Government–issue paper.
Most of the rest of my initiation into clerking came from the outgoing crew of clerks. I suspect
that their departures had been deliberately staggered so that they could share their insights with
us. At the time the practice seemed to be to hire at least one law clerk from each of the Ontario
law schools, so chances were that you’d know someone in the outgoing bunch and get to know
the ropes quickly.
The bulk of our work at the Court was divided into two–phases and I think it’s probably not much
different today. The first consisted primarily of bench memos and pre—––hearing research into
cases that were coming before the Court. Judges needed summaries of the matters they were
about to hear and it was the job of the law clerk to draft the summaries in the week before,
together with a short précis of the law. Hearings tended to be grouped into either civil or
criminal matters, and in addition, an effort was made to hear certain kinds of cases together, so
you got to know the law in a certain area reasonably well.
At first, it was a little nerve–wracking writing for a judge – and not only a judge, but a judge of
appeal, someone who in our system of law is a “judge of judges”. I guess I had in mind this
exalted view of clerking drawn from sensationalized accounts written by U.S Supreme Court
clerks. For that reason I checked and rechecked things throughout the year. One of my first
bench memos involved the goings–on of some tentacular group of numbered companies, and
when my judge came out of court and told me I’d gotten the facts ‘almost right’”, I didn’t know
whether to feel good or bad.
After a while though, the memos became fairly routine. I remember several very well, principally
because of the facts. There was one about a dispute between a dentist in Toronto Transit
Commission over the noise made by the subway passing under his office (the TTC won). There
was another about a drunk driver who’d killed her co–passenger and had difficulty serving her
sentence in a federal correctional facility for women (she got a shorter sentence). There were
several I wrote about minor procedural points coming from the Divisional Court that, for some
reason, were interesting. I guess I enjoyed finding my way through the relevant rules in the
1
I’d like to thank Jason Neyers for his review and input on this contribution.
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Ontario Rules of Civil Procedure and chasing down the meager law on point. It was fun, and it
gave me a good sense of the law in a much more immediate way than I’d found at law school.
The second type of work the law clerks were assigned involved the post–hearing phase and the
editing of opinions. At the time Quicklaw was still fairly primitive and so all sources and citations
had to be checked manually. There were a lot of trips to the Judges’ Library on the Second
Floor, to the ornate Osgoode Hall Library, and occasionally elsewhere for things that today, in
all probability, would be readily available on the internet. Sometimes too I had to contact the
Court Office of the Supreme Court in Ottawa to check the status of the latest leave applications.
Because I speak French I was also involved in a week of French–language hearings in Court
and had to check the judgments before they were sent for publications in the Ontario Reports.
Of course, the real thing to do in all of this was to try and spend at least some time in court. I
remember that one law clerk two years before me – a legendary Western Law grad named
Chris Bogart, now General Counsel at Time Warner in New York – made a strong impression by
completing his bench memos and research either late in the evening or early in the morning and
spending the rest of the day watching arguments in the cases he’d been involved with.
Unfortunately, I was rarely organized enough to manage the same feat. When I did, however, I
found it fascinating. The judges, who sit in benches of three in the Court of Appeal for ordinary
cases and occasionally benches of five for high–profile matters, were always impressive. They’d
sit together on the dais, at times looking like hounds after a scent. One would pick something
up, then another would follow, and just when you thought that the lawyer would be allowed to
continue making his or her submissions, the third one would spring to life and ask a zinger. The
experience emphasized to me the rigour of our system of law.
I also found it interesting to attend the motions court. The Court of Appeal has its own motions
sittings, something required by its function as a separate court. The Rules for these motions fill
pages of dense text in the Ontario Rules of Civil Procedure and are something most lawyers
pay little attention to. Yet far from finding it dry, I was fascinated. In motions court the judge of
appeal sits alone and you have the opportunity to hear the facts behind an appeal, plus some
point of law raised by the motion, in a very short time. There was a brevity and directness I
liked.
I remember in particular the efficiency of sittings conducted by Mr. Justice Krever – once a
Western Law prof – and by Associate Chief Justice Morden, the man who had drafted the 1968
version of the Ontario Rules of Civil Procedure, which still serve as the basis for the Rules
today. Perhaps thirty or forty lawyers, as well as some unrepresented litigants, would file into
the motions court to have their matters heard first thing in the morning and the judge would
patiently go through the List, case–by–case, for hours. Sometimes papers were missing from
the file. Sometimes the lawyer on the motion wasn’t present, or had stepped out for a coffee. It
was all vaguely Dickensian.
I remember very well one time when a motion came before Morden A.C.J.O. The matter had to
do with some affidavit several dozen pages long. And Morden A.C.J.O. sat and read the entire
affidavit in front of the assembled crowd – in silence – for perhaps half an hour! There was no
self–consciousness, no prettifying of things. He just did his job.
In all of this, of course, I had a chance to see the judges’ work up close, and from this I guess I
realized that they’re simply people who have been given great responsibility and must perform it
conscientiously.
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The sense of duty left a very strong impression. In the year that I clerked I saw the judges
wrestle with some very hard issues. Inferences to be drawn from silence. Motor vehicles deaths.
Week after depressing week of sexual assault convictions. Tangled points of procedure.
Unrepresented litigants. The judges dealt with matters and moved on.
You also have to remember that in our system of law appellate judges do not normally have the
power to make new findings of fact. They are therefore constrained by the determination below.
Nevertheless, what seemed to distinguish the judges of the Court of Appeal was the willingness
– indeed, the almost palpable sense of satisfaction – to get at the evidence. When the going
really got tough, when the lawyers on wither side were saying contradictory things, when the
evidence “smelled”. I saw the judges roll up their sleeves and look at what had happened
themselves. Only in this way could they be sure that the trial judges had done their job properly.
I once saw Mr. Justice Doherty, another Western Law grad, stay up all night to review a
transcript several volumes ling in order to ensure that a conviction had been justly rendered. It
was this attention to their work – the kind of attention typical of a fine craft – that went on again
and again.
Unfortunately, I think a popular view is that judges of appeal are ermine–trimmed autocrats. Yet
in my own experience, little could be further form the truth. The judges have great respect for
the legal system and their role in it. In many instances they’d spent long periods as trial lawyers
and they looked back with nostalgia at their days on the circuit. At break in the morning the
stories and jokes told over coffee weren’t about the limo ride into town that day. They were
about the times when they were lawyers, when they’d made arguments like the ones that were
being made before them. Of course, that experience gave them an advantage: they were smart.
They knew a lot about the law, but they also knew a lot about people – and about the tricks that
lawyers like to play. That made me think how for all the growth of the Bar in recent years,
reputation before the bench remains important.
As for perks, I don’t remember too many. Car service was available the two weeks a month the
judges were sitting. There was the occasional dinner. A musty little exercise room in the
basement of Osgoode Hall was made available for judges and was, frankly, a joke. That was
about it.
Working at the Court I also learned to appreciate some of the restrictions on the life of a judge.
A judge of appeal has to retire from virtually every public and most private functions. They have
to take care to eat discreetly, away from the lawyers (and other judges), one reason why they
have a Judge’s Dining Room at Osgoode Hall. And after all is said and done, they too go home
and have to deal with all the things that any ordinary person has to deal with.
Notwithstanding the potential isolation, I found the members of the Court to be tremendously
stimulating and engaged people. Most had done at least some litigation, and virtually all had
served for a time as trial judges, so they were well–versed in the law. I was surprised at their
variety and intellectual dexterity. Appointments to the Court of Appeal are made by the federal
government, but there was some evidence of an attempt to appoint judges of diverse
occupational backgrounds and interests. I remember, in particular, Mr. Justice Houlden
(bankruptcy), Morden A.C.J.O. and Carthy J.A (rules), Tarnopolsky (the Charter and human
rights), Krever J.A. (health law), Abella J.A. (family law).
So how does clerking at the Ontario Court of Appeal actually “work? Judges in the Court of
Appeal tend to be known as either “light” or “heavy” users of their clerks. In the early 1990s
clerks were therefore assigned to groups of 2–3 judges for a four–month rotation with this in
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mind, a practice which allowed a clerk to appreciate different styles and expertise. I clerked with
Tarnopolsky and Goodman JJ.A to start, then over the winter with Doherty and McKinlay JJ.A.,
and finally with Brooke, Carthy and Abella JJ.A. All were excellent.
Today I understand that this scheme has changed somewhat. Clerks do two–six month
rotations, with either one judge or two.
I’ve related much of the nitty–gritty of clerking at the Court of Appeal. From this is might seem
like the experience was one of unceasing toil. Yet while I did work hard, I don’t think I ever felt
overworked. The general expectation at the Court is one of reasonableness. Work is fun.
In addition to our regular duties there were many memorable events throughout the year. One of
the highlights was the trip to Kingston. Every month a bench of three judges, accompanied by
two clerks, goes by train to Kingston to hear appeals from prisoners in the prisons in and around
the town. The clerks are responsible for all of the organization and arrangements of the trip, the
hearings, the paperwork, etc.
There were also some special occasions, like the hearing on the right to bail pending appeal in
the case of Guy Pail Morin heard by five judges. There was the occasional talk given to the
judges by invited speakers like Prof. Lorraine Weinrib, the visit of the Chief Justice of Canada
(then Antonio Lamer) and visits by the Chief Justices of Israel and Thailand.
A number of other tasks come to mind. I was put in charge of the Law Clerk’s Seminar Series,
where we invited various people to come to speak to the clerks in a small group format, and had
an array of appeal and trial judges, human rights experts, administrative officials and others
come in to discuss their work. It added a lot to the clerking experience and made me think about
what I wanted to do after articling.
Together with another clerk, I also understood to revamp the Court’s clerkship program,
something which required imaginative thinking on a tight budget. We designed a poster to
publicize the Court’s program and encouraged the Court to consider inviting clerks–to–be to a
formal luncheon with the judges. In connection with this, I went to Ottawa with Abella J.A. to
speak to students at the University Of Ottawa Faculty Of Law (my alma mater) about clerking.
There was a little time off too, which I put to use by studying for the New York Bar, something I
wrote after my clerkship was over.
So who would enjoy clerking? I think anyone who enjoys working with the law, who has a love of
debate and of getting things right. My fellow clerks showed these qualities admirably. Rarely
have I worked with such bright and fun bunch. We’ve gone on to do interesting things. The
largest numbers are academics – three in Law —, one in English Literature. One former clerk
now works in enforcement at the Ontario Securities Commission, another is in private practice,
another in–house, one is at a legal aid clinic in Kingston, and one is a prosecutor with the
Ontario Ministry of the Environment.
To conclude, if there’s anything that stands out in my mind about clerking, it’s the rare
opportunity to focus on the law. After my clerkship I spent a few years in practice at a small firm,
and while I enjoyed my time as a litigator, something I learned about practice is that in the
normal course most lawyers do very little law. Time is taken up instead with meetings, billing,
clients, rain making, etc. The combination may be appealing, but it sometimes seemed to me to
get far away from the law, which is subject I found – and continue to find – fascinating. At the
Court, I had a chance to work with it virtually every day.
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CLERKING AT THE COURT OF QUEEN’S BENCH AND COURT OF APPEAL OF ALBERTA
By Professor Nickie Vlavianos, University of Calgary, Faculty of Law
(reprinted with permission)
In 1996/97, I clerked at both the Alberta Court of Queen’s Bench and the Alberta Court of
Appeal. Back then students rotated between the two levels of court for a period of five months at
each and were generally not assigned to particular judges. This gave us a unique opportunity to
experience clerking at both courts. Also unique for me was that I was part of the last group to be
interviewed by only one justice, Mr. Justice A.M. Harradence. Today the interviewing process
has changed significantly and I am not in a position to speak about that process.
What I can discuss is what my roles were at each court, as well as my insights into why clerking
was an invaluable learning experience for me. Clerking at the courts has served me very well in
my legal career and I encourage anyone interested to consider applying.
My Role as a Law Clerk at the Court of Queen’s Bench
Secondment to one justice on a very long trial
While I was clerking at the Court of Queen’s Bench, there was one justice who had just finished
a very long trial (approximately 18 months) and he was in the process of coming to terms with
the evidence, the submissions and the law in order to write his judgment. In what was at the
time a rather unique situation, I was seconded for a period of three months to work just with him
on this case.
My time “seconded” to this judge was fascinating. We worked in a vacant room in the
courthouse (which we liked to call the “war room”) where we spread out the evidence, the
arguments and the case law. We spent a lot of time talking — about the law, the evidence, the
issues. We developed a strong personal relationship which continues to this day. This
opportunity taught me a lot about the trial process, court procedures and the inner workings of
the court. Given the factual and evidential complexity of the case, I gained a new appreciation
for the difficulties of working through conflicting expert evidence. This was my first hands-on
experience with sorting through legal issues in the context of a real-life factual problem. It was
challenging but also extremely rewarding.
To this day, there are lawyers downtown who know that I worked on this case. Whether they
agree with the ultimate judgment or not, it has always been a source of pride for me to know
that I was fortunate to have worked on that case with that particular judge.
Research Memoranda
The rest of my time at the Court of Queen’s Bench was, for the most part, spent writing research
memoranda on various points of law for various judges. Some were 5-10 pages in length while
others were longer at around 25 pages in length. All the legal questions that I was asked to
research had arisen in particular cases so it was often important to review the materials in the
case to ensure that I was considering the correct issue. Sometimes I would sit in on the actual
trial or chambers application.
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I researched the question(s) and wrote up a memo summarizing my research and my analysis
of what I believed to be the best conclusion on that point in the particular case. The judges
encouraged us to reach conclusions and to discuss our analysis with them. Often they would
hold off telling us what they were thinking until they had heard from us first. This allowed them to
test their own analysis but it also provided us with a great opportunity to learn how to explain
and defend our positions.
Sometimes, instead of a written memo, a judge simply needed me to pull a case or to answer a
question orally after some brief research. These were great assignments because they were
quick (limited to one afternoon of your time, for example) and, through them, I met and worked
with several different judges.
Why I would recommend clerking at the Court of Queen’s Bench
I found my experience at the Court of Queen’s Bench extremely rewarding. The variety of cases
and areas of law I worked on kept things interesting. I worked on issues in the areas of
construction law, contracts, insurance, criminal law, property law, civil procedure, etc. There is
no doubt that my research and writing skills, as well as my analytical skills, improved
considerably after my time at the Court of Queen’s Bench.
There were some unanticipated rewards as well. First, in my own small way, I felt like I was
influencing the course of the law. Although I never assisted in writing a judgment directly, often
the judges would rely on my memos when drafting their decisions. Second, to this day, when I
read an Alberta Queen’s Bench decision the first thing I do is look at the name of the judge. It
was not until later that I realized that not everyone did this. Third, when I got to the law firm, I
realized how beneficial it was that I had already been to the courthouse many times, that I knew
the court clerks (who went out of their way to help me file documents), and that I had already
attended in chambers (albeit as an observer). This familiarity with the court and its process
made my own early experiences of filing documents, going to chambers, etc. much less
stressful than they could have otherwise been.
In sum, articling at the Court of Queen’s Bench was very rewarding, both from a professional
development point of view but also on a personal level.
My Role as a Law Clerk at the Court of Appeal
Research Memoranda
When I was at the Court of Appeal, “bench briefs” or bench memoranda were not the norm.
They were only starting to be used on a case-by-case basis. The largest part of my job as a law
clerk at the Court of Appeal was the preparation of research memoranda on particular points of
law. Usually, but not always, the particular legal issue had to be tailored to fit within the
particular case under appeal. Sometimes judges were interested in a particular legal issue
generally. The areas of law involved varied considerably. They included criminal law, civil
procedure, fiduciary obligations, evidence, administrative law, natural resources law, contract
law, insurance, and tort law.
The memos I wrote varied from 10-15 pages in length to 20-25 pages depending on the amount
of issues covered and their complexity. Typically judges used my memos to assist them in
drafting their judgments. I would review the final judgment as well and make any
comments/corrections as I thought appropriate.
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Both while writing the memo and after I had finished, I spent time discussing the issues and
analysis with the justice writing the decision on the appeal. All the judges encouraged us to
come up with our own conclusions to the particular issues at hand. Although this was often
difficult to do, it certainly honed my analytical reasoning skills and my ability to explain and
defend my analysis.
Bench Memoranda
Although it was not the norm at the time, I did complete about 3 bench briefs while I was at the
Court of Appeal. The bench briefs were about 10 pages long, depending on the number of
issues raised by the parties and the complexity of the case. They were prepared prior to the
hearing of an appeal. The goal was to summarize as concisely as possible the case under
appeal (i.e., the facts, the lower court decision, the issues and the arguments) and to analyze
the issues. Students were also asked to propose what they thought was or should be the most
logical conclusion in the particular case. While at times nerve-racking, this forced you to apply
the law to real-life scenarios and to support your position with the best legal reasoning you could
muster.
Having completed the bench brief, I would then typically sit in on the actual appeal. I also often
sat in on other appeals just out of interest. Along with discussing cases with the judges, sitting in
on appeals was one of my favorite things about clerking at the Court of Appeal. By doing so I
was able to see how legal issues played out in the courtroom as well as witness seasoned
litigators in action. This was an invaluable learning experience; I learned what worked in the
courtroom and what did not.
Why I would recommend clerking at the Court of Appeal
Many of the reasons I would recommend clerking at the Court of Appeal are similar to those
with respect to clerking at the Court of Queen’s Bench. Students are given a huge opportunity to
hone research and writing skills and to get immediate feedback from judges on analytical
reasoning skills. At the Court of Appeal, you also learn very quickly the difference between a
good factum and a bad one. In addition, meeting the different judges gives you a sense of the
different points of view on the bench and how this may play out in individual cases. Hearing
points of disagreement on particular issues amongst the judges at the Court of Appeal was also
a great learning experience. Finally, the variety of cases and areas of law I worked on kept
things interesting and exposed me to areas of law I had not studied in law school in any detail. I
also learned a lot about the standard of review which the Court of Appeal applies when
reviewing lower court decisions which is critical in practice.
From a professional point of view, clerking at the courts served me very well. After almost two
years in private practice, I yearned for the time to think and discuss the law and legal issues in
more depth (as I had done at the courts). I returned to school to pursue a Masters in Law. Once
completed, I worked as legal counsel to Madam Justice C. Hunt at the Court of Appeal (whom I
had met through clerking there) and subsequently began a career in legal research and
teaching at the University of Calgary.
I would encourage anyone who has an interest to apply for a court clerkship. You will find it to
be a very rewarding experience both personally and professionally.
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CLERKING AT THE COURT OF QUEEN’S BENCH AND COURT OF APPEAL OF ALBERTA
By Jenette Yearsley, University of Calgary Alumnus
(reprinted with permission)
I clerked for the Alberta Court of Appeal and Court of Queen’s Bench in Calgary in 2005-2006. I
spent six months at the Court of Appeal and four months at Queen’s Bench. I am an
unabashed believer in the value of articling at the courts. I found that my time at the courts
provided the best – and broadest – learning experience of my legal career.
My principle at the Court of Appeal was Madame Justice Carole Conrad. I worked closely with
Justice Conrad on several files but I also had the opportunity to work with all the judges in
Calgary and many of the judges from Edmonton. A large part of my job was to prepare preappeal memorandums. I worked on wide range of issues including family, criminal, business,
estates, privacy, and oil and gas law. At times it was possible to work on a specific appeal
based on my areas of interest.
Once I was assigned an appeal, I would receive a full set of appeal books. Sometimes the
issues would be straightforward and I could write the memorandum with little input from the
supervising judge. Other times the appeal would be very complex and would require extensive
interaction with the judges. There were times when there was no case law on point or where
there were opposing policy issues at play. These ‘tougher’ files gave me the opportunity to
understand how judges think and decide such cases. When the time came, I would sit in on the
appeal and assist the judges post-hearing with further research or editing of reasons for
judgments. Several times I was able to work on the same file from chambers applications
through final judgment.
At the Court of Queen’s Bench, (QB), I was mentored by Madame Justice Adele Kent. Once
again I had the opportunity to work with several different judges on a wide range of issues. Most
of my work at QB was post-hearing research and writing. The work at QB had faster turn around
times than was typical at the Court of Appeal. Sometimes a judge needed an answer to a
question before court reconvened after lunch. There were also difficult legal questions to be
resolved at QB. One of my favourite cases involved an area of law I barely new existed when I
was in law school where there was no judicial interpretation of a key statute.
There were other advantages to clerking at the courts. We had lunchtime educational meetings
with judges where they shared their expertise in an area of law or how to succeed in court.
Judges would talk to us about good advocacy and ‘not so good’ advocacy. I learned that
effective advocacy at QB requires different skills than effective advocacy at the Court of Appeal.
Judges would invite us to sit in on judicial dispute resolutions. We received specific feedback on
our writing skills and styles. We visited provincial court and spoke with the different judges after
a trial or chambers session. We toured various institutions – psychiatric and penal. We
socialized with the judges at different times. It all added up to one of the best work experiences
of my life.
The skills I acquired from clerking help me today. My ability to research and write improved. I
gained confidence in my ability to analyze the law, to spot issues and to argue a point
successfully. I learned how to think about, and present, issues in a way that is convincing to the
court.
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Anyone who likes to dig into the law and enjoys writing should consider clerking. In applying it is
helpful to stress several things: your academic achievements, your writing ability, your ability to
work in a team setting, and your life experiences.
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ADVICE AND COMMENTS FROM OSGOODE ALUMNI
GAIL HENDERSON, Osgoode ‘05 – Supreme Court of Canada
Two things surprised me about my year as a clerk at the Supreme Court of Canada: the
intensity of the job and the variety of the cases.
The 2005 Fall Term was one of the busiest in the Court’s history (or at least the busiest that
anyone can remember), which meant that ploughing through the sheer volume of cases was a
challenge in itself. But more significant than the quantity of work was its quality. There are no
“easy” cases at this level, and so every case presented an intellectual challenge far exceeding
anything I encountered at law school. While there were times when I felt like someone was
wringing out my brain like a wet towel, most of the time the difficulty of the work was what made
it fun. The number of cases meant that there were definite limits on the amount of time that
could be spent on bench memos (which clerks write for the judges to assist them in preparing
for upcoming cases), but clerks do have the luxury of being able to focus on, and really wrestle
with, a distinct legal problem, without the distractions inherent in private practice.
And the cases were not only numerous and challenging, but also covered a wide variety of
areas of law. Of course there were a number of criminal cases, as well as administrative law,
aboriginal, and Charter cases, but the 2005-06 Term also saw appeals involving pension law,
intellectual property, corporate tax, municipal law, cost awards in civil litigation, the bidding
process (remember Ron Engineering?), restitution, family law, and solicitor-client privilege.
Because clerks divide up the cases among themselves (with the judge’s approval), I was able to
work on cases that interested me, as well as discover some areas of interest that I didn’t know I
had.
Although there seems to be an impression that clerking is for those students considering
careers as litigators or academics, I do not think that the experience is any less valuable to
future corporate solicitors or policy advisors. As I have indicated above, I doubt that there is any
job that will challenge you as much intellectually. Second, I can’t think of any job that will hone
your writing skills as much as clerking will – it’s all you do. Finally, when will you ever get
another chance to spend a year reading, thinking, talking and writing about Supreme Court of
Canada cases before they’re decided? Only if you manage to get appointed!
PETER RUBY, Osgoode ‘94 – Federal Court – Trial Division
“Clerking distinguishes you from the vast majority of lawyers.”
Peter Ruby graduated from Osgoode with the class of 1994. After spending that final summer
at the law firm of Borden Ladner Gervais (BLG), he clerked at the Federal Court of Canada –
Trial Division during the 1994-1995 term. After completing his clerkship he was offered an
associate position at BLG. He has since moved on and practices at Goodmans in the areas of
information technology litigation, electricity regulation and administrative law.
Peter chose to clerk at the Federal Court – Trial Division because, as he says, he was not keen
on a regular articling job at a firm and because it seemed a unique opportunity. He found the
experience “terrific” and highly recommends it to any current students interested in litigation and
advocacy work at the courts and tribunals.
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In order to take up the clerkship position, Peter had to move to Ottawa. His roommate in
Ottawa was also a clerk, although at the Supreme Court of Canada. Peter fondly remembers
socializing with not only his fellow clerks at the Trial Division, but also clerks from other courts
like the Tax Court, Appeal Division and SCC. Many of these “clerking friendships” have
continued over the years.
Peter noted that many clerks go on to do an LL.M., as he did. In his case, he also ended up
teaching as an Adjunct Professor at Osgoode and later at the University of Toronto
(Telecommunications and Internet Law).
When Peter told the judge he was working with about his interest in technology law, the judge
arranged for him to work from time-to-time with judges who were hearing interesting cases in
that area. He advises Osgoode students that clerking gives you opportunities not available in
any other articling position. You get a behind the scenes look at the courtroom process.
Clerking at the trial level, you see many experienced advocates argue up close and personal
and hear the judges’ immediate impression of what they saw in the courtroom. What better
place to get advice on “good advocacy techniques” than from a trial judge? Peter credits
clerking with giving him greater insight into what is important in legal decision-making.
EMILY HILL, Osgoode ‘01 – Ontario Superior Court of Justice
I clerked with the Ontario Superior Court of Justice in Toronto in 2001 – 2002. My principal was
Madam Justice Harriet Sachs, but each clerk worked with approximately ten judges at a time.
At law school, I developed a curiosity about how the law and courts actually work, outside of
textbooks and case reports. I found clerking to be a positive experience that allowed me to
pursue this curiosity and learn about both the practical realities of litigation in a trial court and
also the larger principles that shape the justice system in Canada.
Clerking at the biggest trial court in the country exposed me to a variety of judges and of kinds
of cases. Each clerk worked for a number of judges for a four-month stretch and then switched
to another group of judges.
The actual work of clerking is largely research and writing. Judges would often ask me for a
memo on a particular question or to research a particular line of cases. They also sought
assistance in preparing papers or speeches for conferences they were attending. Cases ranged
from civil jury trials to family motions court to complicated criminal matters. I also observed pretrial conferences, settlement conferences and jury selections.
I was surprised by how interesting I found the work. Even when research was required in an
area that I had not been interested in at law school, the questions usually engaged interesting
facts or an unclear area of jurisprudence. After preparing a memo, I often would attend court
and watch lawyers make arguments on the very point I had just researched.
The year I worked at the Superior Court, there were eleven clerks. These colleagues became
friends and, in part because we were not working in an environment where we were competing
for jobs at the end of the year, we often helped each other out with a particular assignment.
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Most judges seemed to see clerking as a continuation of our education and encouraged clerks
to attend court when they knew there would be a demonstration of excellent oral advocacy or an
interesting argument being made. When my time at the court was nearing completion, several
judges made arrangements for me to meet with their friends and colleagues in the legal
community to explore job opportunities.
In my clerking year, I spent more time in courtrooms than most of my classmates who were
articling at firms. I had the chance to read excellent and not-so- excellent written arguments and
also to watch brilliant and not-so brilliant oral advocacy. I found that the judges would often ask
me questions about what had occurred at court, and having the opportunity to hear their views
gave me great insight into how they work through a case before them. I apply this knowledge in
my current practice when I am preparing for and arguing matters in court.
In summary, I would highly recommend clerking as an articling experience. The rest of a your
professional life will likely be spent as a lawyer in front of a judge, so it is useful to spend one
year on the other side, gaining an appreciation for all that goes on there.
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CLERKSHIP INTERVIEW EXPERIENCES
By Various Osgoode Alumni
An Ontario Court of Appeal Interview Experience
We were first given a tour by one of the clerks who answered questions about their clerking
experience. I was then interviewed by two justices. One of the current clerks also sat in on the
interview. I thought that I would find this intimidating but I actually felt more relaxed having her
there. The questions were for the most part very predictable - e.g. what areas of the law need
improvement, name a decision you disagreed with, what are your interests.
The interviewers seemed genuinely interested in my personal interests and probed me about
non-academic activities on my resume. I actually found these types of questions more difficult
and found it somewhat stressful trying to sound intelligent while discussing personal interests.
Yes, why is it that I enjoy hip-hop aerobics exactly? I bumbled through another question and
after about three minutes of rambling I ended by saying, "so yeah, actually, um, I don’t know." I
then mumbled an apology for my answer, smiled awkwardly during the eye-glazed silence that
followed, and counted myself out of the running.
My advice is not to be thrown off by the personal questions. I think that the judges are
genuinely trying to get a feel for what kind of person you are and are not expecting any
particularly intelligent responses. The interview was generally quite relaxed and friendly.
A Federal Court of Aappeal Interview Experience
I interviewed with one justice. He asked me quite a few questions about my perspectives on
law and wanted to know if I had read any Federal Court decisions. He also challenged me by
asking me questions about areas of law I had not studied and got me to guess what I thought
the law would be. He was very interesting and friendly and we chatted for about an hour.
Unfortunately I had a SCC interview scheduled right after my FCA interview and so I
(embarrassingly) had to cut our conversation off so that I would not be late for my next
interview.
The person who scheduled my FCA interview, had assured me there would be plenty of time to
get from the FCA building to the SCC interview. My advice is to insist on leaving at least a good
two hour cushion between the start of your interview and your SCC interviews - just in case you
get into a good discussion with an interesting judge.
A Supreme Court of Canada Interview Experience
I interviewed with two justices. Both interviews were very relaxed and only one justice asked
me anything substantive. The SCC tour was very, very interesting (I got to see a list of how the
Justices take their coffee!). We sat on the justice’s couch. It was very relaxed.
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