INTRODUCTION

 

 

 

The Career Services Office is proud to introduce the fourth edition of the Clerkship Handbook for Western Law Students (Hiring for 2007-08).  In it, you will find helpful information about selected clerkship programs offered throughout Canada.  This handbook represents a compilation of data contained in brochures produced by the courts as well as research, advice and comments from visiting judges, past and present clerks, law professors, Western law students and the Career Services Office.  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.

 

Clerking is truly a once in a lifetime chance to see the inner workings of the judicial process, learn advocacy skills, learn how and how not to argue cases, and develop strong bonds with both the judiciary and law students from across the country.  I hope you use this handbook when considering your career options and when putting your clerkship applications together.

 

This handbook does not cover all the courts in Canada.  I have focused on those that Western students have typically applied to and those outside Ontario that have a good record of hiring students from other provinces.  Please contact courts in other provinces to which you are interested in applying.

 

Students who plan to apply are urged to contact Professor Randal Graham, Head of Judicial Clerking Opportunities at Western Law School.  He is available to assist you with your applications and can also direct you to other professors who have held clerkship positions in various courts.

 

I would like to acknowledge Western students who have participated in various information sessions.  I would also like to thank faculty members for all their assistance in promoting and contributing to the Judicial Clerking Opportunities Program at Western.   

 

 

 

 

 

 

 

Michele Martin

Director, Career Services

November, 2005


CLERKING

 

 

 

A.          INTRODUCTION

 

Clerking is a prestigious and unique alternative to articling at a law firm.  Judicial clerkships are usually 12-month terms that satisfy the requirements of your articling year.  However, clerking is not restricted to your articling year.  Some law grads clerk after graduate school or after 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

 

Clerk salaries are significantly lower than those at large firms

 

Bar Admission Course tuition is not paid

 

As you can see, there are few drawbacks to clerking and most are non-considerations or are outweighed by the quality of the clerking experience itself. 


APPLICATION INFORMATION 

 

 

A.          GENERAL

 

Students should consult the section on the courts for specific application requirements.  Keep the following points in mind:

 

Ø      Generally, application deadline dates are much earlier than private firms with most falling in January and February but others even earlier. 

 

Ø      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.

 

Ø      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. 

 

Ø      Start early!  This includes researching the various courts, drafting your application, and obtaining reference letters.  

 

 

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.

 

Your best references will come from law professors who know you and can comment on your research and writing skills.  Therefore, ensure you work closely with professors completing research, either by doing independent research projects or through the workstudy program. 

 

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.

 

Ø      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. 

 

The Former Assistant Dean of Career Services at the University of Toronto’s Faculty of Law offers the suggestions listed below to those crafting reference letters.  Courts generally like to see the following skills and abilities in a clerk:

 

Strong analytical ability to deal with complex legal arguments, critically and logically.

Excellent writing skills, with the ability to summarize clearly long and complex arguments.

Excellent research abilities, and in general, good problem-solving abilities.

Strong capacity to work collegially, as well as to take initiative and to work independently.

 

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:

 

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. 

 

At the time you apply to the courts, the number of legal writing samples you have may be limited; therefore, it is wise to take a course with a writing/research requirement during the first term of your second year in law school.  Mentioning in your cover letter that you did well on the legal research and writing component of first year will not be enough to distinguish you. 

 

If submitted with your application, the writing sample need not be the copy graded by the professor. 

 

If a court asks candidates to submit “writing samples” but does not specify how many (e.g. Federal Court of Canada), assume that two samples are sufficient.  If you have more than 2 samples that you would like to include, feel free to do so.

 

D.          TRANSCRIPTS

 

A number of courts require official transcripts, not photocopies, 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 (i.e. Quebec students).  Additional notes:

 

If you are applying to the Court of Appeal for Ontario or the Supreme Court of Canada, remember to include your sealed transcript with the application you submit to the Career Services Office.  Alternatively, arrange for the relevant institution(s) to send transcripts to the Career Services Office by the required deadline date.  To avoid confusion, ensure your name appears somewhere on the outside of the sealed envelope.

 

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.

 

If you are applying to a court with a deadline date after the January Term is completed, such as the Superior Court of Justice, you should be aware that your January Term mark will likely not appear on your transcript until after April.  If you wish to make reference to your January Term mark, the Career Services Office suggests you do the following in your cover letter or in a note attached to your transcript:

 

indicate your January Term mark and explain that it will not appear on the transcript until after April, and

 

invite the court to verify your mark through the Student Services Office at the law school c/o Andrea Streufert at 519-661-2111 ext. 88424 / astreufe@uwo.ca

 

 

E.      TIPS FOR STUDENTS FROM FACULTY WHO ARE FORMER LAW CLERKS

 

Ø      Clerks must possess research, writing, and summarizing skills.  Thus, gain experience and polish your skills while in law school.

 

Ø      Clerks must be confident in their abilities and must be able to give their opinions to judges.

 

Ø      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.

 

Ø      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!

 

Ø      During law school, concentrate on activities that interest you rather than on merely padding your resume with common, superficial activities.

 

Ø      Differentiate yourself by being involved in activities/organizations outside the law school.

 

Ø      Apply to as many courts as possible even if you think you are not competitive enough for a certain court.

 

Ø      Consider clerking for more than one court.  The experience will give you comparative and in-depth insights into the Canadian judicial system.

 

Ø      Students should enjoy legal research and must have the ability to process information very quickly.

 

Ø      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.

 

Ø      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.

 

 

F.         VISITS AND INTERVIEWS

 

Justices and clerks of the various courts may visit the law schools to promote the law clerks program.  This usually takes place in late October or early November.  The Career Services Office will post confirmation of these visits and details for students.


APPLICATION DEADLINES FOR 2007-2008 CLERKSHIPS

 

 

DECEMBER

 

Thursday, December 1, 2005 Court of Appeal of Alberta

By Noon                                               Court of Queen’s Bench of Alberta

                                                                                [Both Edmonton and Calgary]

 

JANUARY

 

Friday, January 13, 2006 Supreme Court of Canada applications due -- submit to the

By Noon                                               Career Services Office UNSEALED**

 

Friday, January 13, 2006 British Columbia applications due

(Supreme Court and Court of Appeal)

 

Friday, January 13, 2006                        Court of Appeal for Ontario applications due – submit to the

By Noon                                               Career Services Office UNSEALED**

 

Friday, January 27, 2006 Federal Court & Federal Court of Appeal applications due

 

Friday, January 27, 2006                        Tax Court of Canada applications due

 

 

FEBRUARY

 

Friday, February 10, 2006 Ontario Superior Court of Justice applications due

By 5:00 p.m.

 

Friday, February 10, 2006 Ontario Superior Court of Justice – Divisional Court

By 5:00 p.m.                                         applications due

 

 

MARCH

 

Fluctuating Deadline* Nova Scotia Court of Appeal applications due January–March,

Last year: end of March depending on available positions (for 2006/07 Clerkships)

 

 

 

 

** These courts have specifically requested the Faculty of Law to collect applications from students before the official deadline date; therefore, students should treat Faculty’s internal deadline date as final.


JUDICIAL CLERKS – WESTERN FACULTY OF LAW

 

A.          FORMER JUDICIAL CLERKS – WESTERN’S FACULTY OF LAW

 

Alberta Court of Appeal

Professor Mitchell McInnes [former]

 

 

Federal Court of Canada

Dean Ian Holloway

 

 

Ontario Court of Appeal

Professor Chi Carmody

Professor Jason Neyers

 

 

Ont. Superior Court of Justice

Professor Dale Ives (Staff Lawyer)

Professor Mysty Clapton

 

 

Supreme Court of Canada

Professor Randal Graham

Professor Erika Chamberlain

Professor Wendy Adams [former]

Professor Mitchell McInnes [former]

 

B.               JUDICIAL CLERKS – STUDENTS/RECENT WESTERN ALUMNI

 

Alberta Court of Appeal &

Court of Queen’s Bench of Alberta

 

Veronique Abele

Ritu Bhasin

Adam Douglas

Class of 1999

Class of 2000

Class of 2005

 

 

 

Federal Court and

Federal Court of Appeal

 

Stephen Jarvis – Trial Division

Michelle Taylor

Jassmine Girgis

Rajeev Ruparell – Trial Division

Class of 1999

Class of 1999

Class of 2004

Class of 2004

 

 

 

Ontario Court of Appeal

Karyn Wasserstein

Craig Collins-Williams

Kathryn Meehan

Kevin O’Brien

Andrea Gonsalves

Ben Hackett

Erica Richler

Class of 1999

Class of 2002

Class of 2003

Class of 2004

Class of 2005

Class of 2005

Class of 2006

 

 

 

Ontario Superior Court of Justice

Walter Cho

Lynn Iding [clerking in 2003]

Suran Bhattacharyya [Brampton]

Judith Gorman [Hamilton]

Sherry Kettle [London]

Shawn DeCaluwe [London]

Class of 2000

Class of 2002

Class of 2005

Class of 2005

Class of 2006

Class of 2006

 

 

 

Supreme Court of Canada

Julie Lee - Justice Iacobucci

Nichole Chrolavicius - Justice Major

Erika Chamberlain - Justice Major

Birinder Singh [clerking in 2004] – Justice Binnie

Andrea Gonsalves [2006-07]

Class of 1999

Class of 2000

Class of 2001

Class of 2002

 

Class of 2005

 

 

 

Tax Court of Canada

Gilles Gosselin

Edward Park

Leila Dahir

Michael Gemmiti

Class of 1999

Class of 1999

Class of 2000

Class of 2003

 


SUPREME COURT OF CANADA 

 

 

 

A.               INTRODUCTION

 

There are 27 clerkships available with the Supreme Court of Canada in Ottawa, Ontario, running from the beginning of September to the end of August of the following year or the beginning of January to the end of 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.

 

Completed applications (unsealed) must be received by the Career Services Office (Room 209) by the deadline.

 

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

 

The salary is $51,734 per year; in addition, clerks are entitled to reasonable expenses as authorized by the relevant administrative guidelines for moving personal effects and for traveling 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

 

Under the direction of the Justices to whom they have been assigned, law clerks research points of law, prepare memoranda of fact and law and generally assist the Justices.  Former Professor McInnes has co-authored an article that takes an in-depth look at the law clerks and the role they play at the Supreme Court.  For ease of reference, it has been reproduced and attached.

 

 

D.          QUALIFICATIONS

 

Graduation from a recognized Canadian Law School or its equivalent

Proficiency in both official languages is not required for all positions, but would be an asset.

 

The Supreme Court is committed to employment equity.  They encourage members of the following designated groups to apply and also to self-identify: women, members of a visible minority group, aboriginal people and persons with a disability.

 

Hearing/speech impaired: TTY (613) 947-3757


E.      THE APPLICATION

 

Applications should include the following:

 

1.       a cover letter and a curriculum vitae;

2.       official transcripts of all marks obtained in post-secondary studies, including law school;

3.       four sealed letters of reference [which will include one from the Dean]; or a list of four people who have agreed to forward references directly to the Court

4.       a completed PSC-3391 application form (see website below for form)

 

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.

 

Candidates are required to submit with their application a completed PSC-3391 application form.  The form is also accessible via the following internet address or could be supplied by the Court upon request:

 

http://jobs.gc.ca/menu/help_apply_e.htm

 

All material/envelopes should be clearly marked “Clerkship Application – 2007-2008”.

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

 

 

 

F.          INTERVIEWS

 

The Justices will conduct interviews in Ottawa during the week of March 6, 2006.  Candidates to be interviewed will be advised by letter or telephone and should include in their materials a telephone number where they can be reached or where a message can be left during the day.  All hiring will be completed by April 1st.  Unsuccessful applicants will be advised by April 1st or as soon as possible thereafter.

 


 

G.          ADVICE AND COMMENTS FROM UWO STUDENTS, CLERKS, PROFESSORS, AND VISITING JUDGES

 

Duties

 

The workday tends to be long but manageable.  Unlike working in a law firm for a number of partners and associates, working at the SCC allows you to plan your schedule because you are only working for 1 judge.  There is no doubt that you should love legal research and writing.  You are required to do a lot of reading and approximately 100 pages of writing per week. Part of your job is to go through the issues with the judge you work for.  When the factum is horrible, this means you will have to do a lot of work; in other words, the work of the lawyer.  When the factum is good, there is not much to do.  After a case is heard, there is more writing and research to be done.  It’s very exciting to discover the many different ways a case is viewed by various parties, including other clerks, judges, parties, and intervenors.  - Wendy Adams, Professor and Former SCC Clerk (Oct/99)

 

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 resume 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)

 

·         The interviews are 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.  For instance, I had 7 interviews back-to-back.  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.  Current UWO Student and 2000/01 SCC Clerk (Oct/99)

 

Career Prospects

 

·         Some U.S. law firms offer bonuses and/or advanced standing to SCC clerks.  On the other hand, smaller firms generally look upon clerks suspiciously because they assume former clerks are not interested in practicing long-term but are more inclined to go into academics.  Some Toronto firms value clerkships (e.g. Torys, Davies, Oslers). - Richard Gold, Professor and Former SCC Clerk (Oct/98)

 

Realistically, a SCC clerkship is not THE hot ticket for further employment.  This means that it is an advantage but will not automatically get you a job.  - Wendy Adams, Professor and Former SCC Clerk (Oct/99)

 

H.     MINUTES FROM CLERKSHIP PANEL HELD NOV. 4/02 – PROF. RANDALL GRAHAM

 

-          3 clerks per judge, therefore 27 clerks hired each year

-          Clerk for one judge only

-          He clerked for Justice Sopinka

-          Different experiences depending on which judge you work with and the personality of that judge

-          He worked a lot of hours, while some of the other judges’ clerks would be there a lot less

-          Court sits in two week sessions

-          You will receive all of the materials for the case before the judge – a lot of paperwork

-          He did mostly analysis, and not research, since the research had been done by the clerks and the lower courts, and by the judges in preparing for the SCC appeal

-          Would often write Bench memos to prepare the judge for the case – would brief the facts and all the arguments of the lower courts and those of the parties

-          Will likely attend court during the course of the hearing

-          Would often write a first draft of the judgment – but the decision and the reasoning are in the hands of the judge and is the judge’s alone

-          Many of the former SCC clerks have gone into academia


CLERKING AT THE SUPREME COURT OF CANADA

 

 

By MITCHELL MclNNES, JANET BOLTON and NATALIE DERZKO (reprinted with permission)

 

(Professor Mitchell McInnes is 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.                 INTRODUCTION

II.                 HISTORY OF CLERKING AT THE SUPREME COURT OF CANADA

III.           THE CLERK SELECTION PROCESS

IV.                 BIOGRAPHICAL SKETCH OF RECENT CLERKS

V.            THE FUNCTIONS OF A LAW CLERK

A. LEAVE MEMORANDA

B. BENCH MEMORANDA

C. JUDGEMENT WRITING

VI.           THE CLERKING EXPERIENCE

VII.                 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.)

 

 

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 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.

 

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 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 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 Universite de Montreal (5 each), Universite 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 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 focussed 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.

 

To further maximise 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, summarises 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 summarise 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 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 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 recognise 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 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, are 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 personalise a draft opinion does little to appease nostalgic critics.

 

The individual flair that makes the opinions of a Holmes or a 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 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 specialised 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 generalise 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 generalise 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, socialising 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.

 

 

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.

 

 


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 approximately 42 clerkships available, running from the beginning of September to the end of August.  Approximately 12 clerks are hired for the Court of Appeal and 30 for the Trial Division.  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. 

 

The Appeal Division serves as the following: 

 

Ø      appellant body of the Trial Division of the Federal Court;

Ø      appellant body of the Tax Court of Canada; and

Ø      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:

 

Ø      intellectual property law (patent, copyright, and trademark);

Ø      admiralty law;

Ø      refugee and immigration law;

Ø      aboriginal law;

Ø      human rights law;

Ø      constitutional law;

Ø      Crown liability (concurrent jurisdiction with Superior Court of Justice); and

Ø      reviews of federal minister decisions. 

 

Completed applications must be received by the deadline set by the Federal Court.  Note that the applications must be sent directly to the Court, NOT to the Career Services Office.

 

 

B.          SALARY AND BENEFITS

 

The salary is $47,046 per annum.  They offer a comprehensive benefits package.  Successful candidates will also be eligible for partial reimbursement of relocation expenses in accordance with Treasury Board travel and relocation policies. 

 

 

C.          DUTIES

 

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.  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.

 

The Court also organizes a law clerks’ speakers’ programme.  Throughout the year, judges of the Court and members of the profession speak on various topics of interest to the law clerks.

 

 

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.       Graduation from a recognized Canadian Law School;

2.       Language requirements vary according to the position filled. 

 

Please note that preference will be given to Canadian citizens.  The Federal Court of Canada is committed to employment equity. 

 

 

F.      THE APPLICATION

 

Candidates must forward the following by the deadline:

 

1.       a curriculum vitae; [specify citizenship]

2.       official transcripts of law marks and copies of transcripts from 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.       sample(s) of legal writing.

 

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, LL.L.

Courts Administration Service

Federal Court

90 Elgin Street, 6th Floor Mailroom

Ottawa, Ontario              K1A 0H9

Federal Court of Appeal www.fca-caf.gc.ca

Federal Court www.fct-cf.gc.ca

 

If you are applying to both the Appeal and Trial Divisions, you only need to submit one application.  If you are applying to only one, indicate this in your covering letter.  For further information, please contact Marc Reinhardt (Appeal inquiries) at (613) 995-4547 or visit the websites.

 

 

G.          INTERVIEWS

 

Generally, interviews are conducted by judges of the Federal Court of Appeal in February and March and for the Federal Court, from April to June.  Interviews will be conducted by various judges of the 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 Federal Court of Appeal generally makes offers in early April following which the judges of the Trial Division may conduct further interviews and offers are made as selections are made.  If applicants are required to travel to Ottawa to attend an interview, travel expenses are reimbursed by the Court. 

 

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 always advertised; therefore, interested candidates should ensure they inform the Court of their continued interest.

 

H.          ADVICE AND COMMENTS FROM UWO STUDENTS, CLERKS, PROFESSORS, AND VISITING JUDGES

 

Applications and Interviews

 

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)

 

Career Prospects

 

When I worked for Osler, Hoskin & Harcourt in Ottawa, the partners in the firm looked very favourably upon candidates who had clerking experiences.  – Lemieux J. (Oct/99)

 

 

I.          MINUTES FROM THE CLERKSHIP PANEL HELD NOV. 4/02 –DEAN IAN HOLLOWAY

 

-          Trial Division and Court of Appeal

-          Jurisdiction limited by Statute

-          Immigration, intellectual property, Recent Emergency Security legislation, shipping law, Aboriginal land claims, Court Marshall Appeals, etc…

-          Federal Court of Appeal hears appeals from the Tax Court of Canada

-          At Appeal Division, the Judges each have a clerk

-          The Trial Division works in a separate building

-          Substantial amount of research, but also often debating with the judge

-          Clerks will usually review the judgements and fill in holes or ensuring reasoning made sense

-          Most exciting intellectual experience of his life

-          He also clerked after having practised for a while, so keep in mind you don’t always have to clerk right out of law school

-          Regardless of what you go on to do, being able to predict judicial behaviour separates good lawyers from bad

-          Bilingualism is an asset, but not necessary


TAX COURT OF CANADA 

 

 

 

INTRODUCTION

 

There are approximately 10 clerkships available with the Tax Court of Canada in Ottawa.  The Law Society of Upper Canada recognizes these as fulfilling the articling requirement.  Currently, there are 27 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.

 

Completed applications must be received by the deadline set by the Tax Court of Canada.  Note that the applications must be sent directly to the Court, NOT to the Career Services Office.

 

 

B.          SALARY AND BENEFITS

 

The salary is $47,046.  Clerks are entitled to public service benefits for a specified period.  Reasonable expenses may be authorized in accordance with Treasury Board guidelines for travel and relocation expenses incurred for moving personal effects and for attending interviews, from any point in Canada to Ottawa and return. 

 

 

C.          DUTIES

 

Law clerks research points of law on specific cases, prepare detailed memoranda of facts and law relating to matters before the Court, and generally assist the judges of the Tax Court of Canada.  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.  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).

 

 

D.          CAREER PROSPECTS

 

Given tax law is a complex area, many clerks often work for other federal government organizations after their call to the bar to gain more expertise in this area.  Once they are more knowledgeable, they tend to have greater success moving into a tax practice with a traditional law firm or into other government organizations such as the Department of Justice. 

 


E.          QUALIFICATIONS

 

1.       Graduation from, or a law degree sanctioned by, a recognized Canadian Law School (as of June of the year the clerkship commences).

2.       Candidates should display an interest and proficiency in tax law and commercial transactions.  In addition to an introductory course in tax, candidates will be expected to pass at least one additional course in tax law, such as taxation of individuals or corporations, by the end of the third year.

3.       Proficiency in both official languages is an asset but is not essential.

4.       Preference will be given to a Canadian citizen.

5.       Any appointment is subject to the applicant receiving a law degree.

 

 

F.      THE APPLICATION

 

Candidates must forward the following by the deadline:

 

1.       a cover letter and résumé;

2.       official transcripts of law marks and copies of all other marks obtained in post-secondary studies; and

3.       a list of three (3) persons, including a senior professor at the law school and a professor who taught you at least one course in tax law, who will be forwarding references on your behalf. 

 

Provide your current address and telephone number and the addresses and telephone numbers where you may be contacted both before and after the end of April.  Specify your citizenship on your resume.

 

All material should be sent to:

 

Tax Court of Canada

200 Kent Street, Centennial Towers

Ottawa, Ontario              K1A 0M1    

Attention: Legal Counsel

                       

Telephone enquiries: (613) 992-0901 or 1-800-927-5499

Email: clerkships-TCC@cas-satj.gc.ca

Website: www.tcc-cci.gc.ca/lawclerk_e.htm

 

The TCC adheres to the principle of employment equity.

 

G.          INTERVIEWS

 

Interviews are conducted from May to June.

 

Judges sitting in major cities across Canada interview selected candidates in those cities during the months of February and March.  The remaining applicants are invited to Ottawa for a panel interview in May.  Successful candidates are notified within two weeks of the Ottawa interview and recruitment process is concluded by the middle of June.

 


H.          ADVICE AND COMMENTS FROM UWO STUDENTS, CLERKS, PROFESSORS, AND VISITING JUDGES

 

About the Work and Facilities of the Court Generally

 

·         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)

 

Duties

 

Judges hold seminars for clerks on various topics such as how to deal with Revenue Canada, how to conduct a tax trial, and different legal areas (e.g. criminal law, real estate law).  – Rip J. (Oct/99)

 

Typical workday is not 9-5 but it is manageable.  It is very much “supply driven”. – 1999/00 Clerk and UWO Grad (Oct/99)

 

Applications and Interviews

 

·         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)

I.     MINUTES FROM THE CLERKSHIP PANEL HELD NOV. 4/02 -- THE HONOURABLE JUSTICE GERALD RIP SPEAKING

 

-          Tax Court has exclusive jurisdiction to hear cases under the Income Tax Act, the Excise Tax Act, and some other statutes

-          Relatively new court

-          Located in Ottawa, live in Ottawa during clerking

-          TCC sits all over the country during the year

-          20 judges currently sitting

-          Judges appointed from all regions of the country

-          Some of the judges were previously tax lawyers, while

-          Not assigned to a particular judge – works on a rotation system

-          Students assigned to particular files so that you get a chance to work with all of the judges

-          Employment usually begins June1st

-          Main thrust of the work is legal research

-          Court looking for those interested in tax law, with strong research and writing skills

-          Most judges have an open door policy, such that there is open discussion between judge and clerk

-          May have the opportunity to travel outside of Ottawa if interested in attending trial in another city 

-          All of the clerks from last year are currently employed either with the government or with law firms across the country

-          No salary during bar admission course, but do get preferred treatment when applying to the Department of Justice of Canada – can be asked to be placed on leave while on Bar Course, therefore continue to be part of the public service and on the priority list for Public Service positions

-          All former law clerks who wanted government jobs got them – either with Department of Justice, Finance or the Canada Customs and Revenue Agency

-          Interview Schedule

-          Applications due January 24, 2003

-          Interviews during February and March

-          Interviews usually held at location of school – do not have to travel to Ottawa

-          Final interviews held in Ottawa during May

-          Final interview Committee consists of a number of Justices

-          Will discuss a case of your choice with you – don’t have to agree with the judge – they are just looking at your thought process

 


COURT OF APPEAL FOR ONTARIO

 

 

 

A.          INTRODUCTION

 

There are 12 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 more than 20 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.

 

Completed applications (unsealed) must be received by the Career Services Office (Room 209) by the deadline.  You should also arrange for all reference letters to be forwarded to the CSO Office by this date. 

 

 

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:

 

Ø      preparing bench memos summarizing facts, issues and arguments for judges prior to the hearing;

Ø      engaging in pre- and post-hearing legal research in diverse areas of law;

Ø      critically appraising complex legal arguments;

Ø      editing draft judgments;

Ø      attending hearings and having the chance to observe outstanding advocates; and

Ø      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. 

 

 

 

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:

 


Ø      Criminal Defence

Ø      Crown Prosecution

Ø      Academia

Ø      Politics

Ø      Corporate and Securities Law in Canada and the US

Ø      Civil Litigation

Ø      International affairs

Ø      Foreign Service


 

 

E.          QUALIFICATIONS

 

The Court seeks applicants who are personable, well rounded and who have strong academic credentials.  In addition, strong writing skills and the ability to think clearly are essential.  Bilingualism is an asset but is not required for most positions.

 

 

F.      THE APPLICATION

 

All prospective candidates are required to submit the following as part of their application:

 

a cover letter and a current curriculum vitae;

official transcripts of all university marks (photocopies of official transcripts are acceptable);

two letters of reference (at least one from a law professor); and

one legal writing sample (do not submit a moot factum).

 

Your application should be addressed to:

 

Justice John Laskin

c/o Catherine Weiler, Recruitment Coordinator

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.  Complete a travel expense claim form when attending the Court for interviews.

 

 


G.          INTERVIEWS

 

In previous years, clerkship interviews have been conducted in February with one or more judges of the Court.  The judges usually travel to the Ontario law schools to conduct interviews.  The CSO will coordinate the interview schedule and then notify students who have been selected.  The Court will notify those selected to be law clerks by mid-April. 

 

 

H.          ADVICE AND COMMENTS FROM UWO STUDENTS, CLERKS, PROFESSORS, AND VISITING JUDGES

 

About the Court Generally

 

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)

 

Duties and Working Environment

 

·         Although it is not a 9-5 job, the work schedule is manageable.  My typical workday is 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)

 

·         The clerks review appeals that the judges think will be “troublesome” and the judges generally look to the clerks for criticism of judgements.  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)

 

Applications and Interviews

 

The first cut is marks.  Generally, the Court looks for candidates who are in the top 1/3 of the class. - Osborne J.A. (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 resume, 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)

 

Typical questions:

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)

 

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 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)

 

I. MINUTES FROM CLERKSHIP PANEL HELD NOV. 4/02 – The            Honourable Justice Janet M. Simmons

 

-          No matter what kind of lawyer you are, always need to consider what will happen if case goes to court

-          She has been with the Ont. C.A. for 2 years (was with many of the lower courts prior)

-          12 law clerks at Ont. C.A., for 24 judges

-          Experience at each court is different

-          At an appellate court, clearly less judges you have to work with and not trial atmosphere

-          1 law clerk is assigned to 2 judges for one rotation, and then switch to another rotation with 2 other judges

-          60/40 split between civil and criminal cases

-          Likely closer working relationship with the judges at the Appellate Courts

-          Work involves research and writing memos, editing judgments, and discussions with the judges

-          Students may be involved with writing of judgment (facts, etc…), and to assist the judge bring clarity to the judgments

 

Craig Collins-Williams – Current Clerk

-          Thinks that there is an intense amount of drama at the Court of Appeal

-          There are emergency motions and intense deadlines may arise

-          May be required to write pre-hearing memos and summarize issues before the judge reviews the case

-          Also get to witness the best litigators in the country come before the court

-          Open-door policy; judges are always available to discuss cases

-          Work is interesting… no due diligence!!!

-          See Information package from the Court of Appeal

-          They send three people to the school in February for interviews – usually one justice

-          Not worried at all about getting a job next year

-          Feel free to contact him with questions

 


ONTARIO SUPERIOR COURT OF JUSTICE &

ONTARIO SUPERIOR COURT OF JUSTICE–DIVISIONAL CRT 

 

 

 

A.          INTRODUCTION

 

There are 21 clerkships available and the Law Society of Upper Canada recognizes these one-year contract positions as fulfilling the articling requirement.  One clerkship position is with the Superior Court of Justice – Divisional Court.  Interested students should refer to the next section to learn more about this position. 

 

Completed applications must be received by deadline specified by the Superior Court of Justice.  Note that the applications must be sent directly to the Court, NOT the Career Services Office. 

 

 

B.          SALARY AND BENEFITS

 

The salary offered last year was approximately $40,000.  Law clerks are contract employees of the Ministry of the Attorney General and are members of the Ontario Public Service Employees Union.  Benefits include vacation pay, statutory holiday pay, 2% pay in lieu of benefits, and paid sick days. 

 

 

C.          DUTIES

 

Through working closely with judges, successful candidates will become involved in many aspects of the civil and criminal trial process.  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:

 

Ø      providing judges with oral opinions and written memoranda of law on a broad range of legal topics;

Ø      reviewing pleadings;

Ø      preparing case summaries;

Ø      assisting in drafting jury charges; and

Ø      editing judgements.

 

Clerks may also be invited to assist judges in preparing scholarly work, speeches and presentations on law-related topics.

 

In Toronto, each clerk is assigned to work for approximately 13 judges at a time.  The judges are placed on teams with a particular legal focus, namely, criminal, civil, family, and corporate commercial law.  The clerks rotate to a new team of judges, and a new legal focus, each trimester.  Toronto clerks also participate in the creation of a bi-monthly digest of case summaries which is distributed to all Ontario Superior Court of Justice judges throughout the province.

 

In Brampton, Hamilton, London, Newmarket, Ottawa, Sudbury and Windsor, one clerk provides 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. 

 

In Toronto, clerks attend bi-monthly seminars 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.  The clerks also attend an extensive legal research refresher course conducted by the chief librarian for the Ontario Courts.

 

In the regions outside Toronto, clerks are provided with a training allowance and paid days off so that they may attend Continuing Legal Education courses, and they are given the materials which accompany the legal research refresher course.  They are also invited to the Ontario Superior Court of Justice Judges’ Conferences.

 

All clerks attend a two-day orientation session in Toronto in which they receive training on Quicklaw and various software packages.

 

One law clerk is dedicated exclusively to the Divisional Court in Toronto to provide research assistance and to 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.

 

D.          LOCATIONS

 

There are 9 positions available in Toronto, 2 positions in each of Brampton, Hamilton, Newmarket and Ottawa,  and 1 position in each of the following regional centres: London, Windsor and Sudbury.  Candidates must indicate in their covering letters their preferred location, or their order of preference if applying for more than one location.  If students are applying for the position in Toronto with the Superior Court of Justice – Divisional Court, they must make reference to this in their applications.  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.

 

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 Bar Admission Course.

 

 

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.  Candidates applying for the position in Ottawa must be fluent in spoken and written French and English.  Bilingualism is an asset in the other regions.  Some travel may be required for clerks working in regions outside Toronto.

 

 

G.      THE APPLICATION

 

Candidates must forward the following by the deadline:

 

1.       a covering letter indicating your preferred court location (and/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; and

5.       two letters of reference referring to your legal research and communication skills.

 

Your application should be addressed to:

 

Pauline Rosenbaum, Counsel

Ontario Superior Court of Justice

Office of the Chief Justice

361 University Avenue, Room 621

Toronto, ON  M5G 1T3

 

Tel: (416) 327-5005 / Fax: (416) 326-2224

Pauline.Rosenbaum@jus.gov.on.ca

www.ontariocourts.on.ca/superior_court_justice/articling/index.htm

 

H.          INTERVIEWS

 

Interviews will take place in March and April either in person or, where necessary, by conference call. 

 

 

I.          ADVICE AND COMMENTS FROM UWO STUDENTS, CLERKS, PROFESSORS, AND VISITING JUDGES

 

 

Duties and Working Environment

 

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.  The summers tend to be quiet because many judges do not sit.  It picks up during the fall when the major trials are scheduled. – 1998/99 Clerk (Oct/99)

 

 

Applications and Interviews

 

At least half of the interview questions are about substantive points of law and your research abilities.  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)

J.                 MINUTES OF THE CLERKSHIP PANEL HELD NOV. 4/02

 

Honourable Justice Lynne Leitch

-          Court is looking for 21 students

-          Majority in Toronto but 10 located outside of Toronto

-          Looking for excellent analytical, computer and research skills

-          291 judges at the courts

-          Must be able to work independently and prioritize your workload

-          Excellent opportunity to view the law through the eyes of the judge

-          Court has a very wide jurisdiction therefore have opportunity to experience a wide variety of cases

 

Lynette Fritzley – Assistant Crown Attorney and Former Clerk

-          Clerked in London

-          Best experience of her life

-          You have to love research to be a law clerk – Quicklaw, Westlaw etc…

-          Majority of work involves writing legal memos

-          Superior Court has mix of law and fact – so may also have credibility and other trial issues

-          Mix of Civil, Criminal and Family Law

-          May be asked to write speeches, case law updates

-          Future employment prospects always exist

-          Often judges will give reference letters

-          Especially important if interested in working for the Crown; makes it much easier to get a job with the Crown Attorney’s office

 


BRITISH COLUMBIA COURT OF APPEAL and

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.

 

There are 289clerkships available.  The Court of Appeal will employ 11 law clerks and the Supreme Court will employ the remaining 18 law clerks, including 2 law clerks located in each of Victoria and New Westminster.  Most Court of Appeal clerkships are for 10 months (September through June), although some spaces are available for 12-month clerkships.  The Supreme Court clerkships are for 12 months (September through August). 

 

The time spent as a law clerk is in partial fulfillment of the articling requirements for call and admission to the Bar of British Columbia.  The Law Society of British Columbia has approved separate schemes for completing the articling requirement and the Professional Legal Training Course.  Call to the Bar for law clerks after their law school graduation varies between 18 and 22.5 months.  The majority of law clerks complete their articles with one of the larger downtown law firms.  The firms encourage participation in the Law Clerk Program.

 

Completed applications must be received by the deadline specified by the Courts.  Note that the applications must be sent directly to the Courts, NOT to the Career Services Office.

 

 

B.          SALARY AND BENEFITS

 

The provincial MAG employs judicial law clerks with the B.C. courts as auxiliary employees.  The salary for the law clerk position includes a payment in lieu of benefits.

 

 

C.          DUTIES

 

Although each law clerk’s experience differs according to the assigned judges, the cases before the courts, and the law clerk’s own level of curiosity and initiative, the general duties of the law clerk include: legal research (usually before and after case is decided); summarizing cases; preliminary case briefs (Court of Appeal); and court viewing.

 

The Court of Appeal law clerks prepare preliminary memoranda – brief summaries of the cases coming before the Court based on written material filed by the parties.  Research in the trial court may require knowledge of the facts of a case, and may involve sitting in court, as well as assisting with legal research.

 

Law clerks are encouraged to attend court at all levels and to observe as many different sorts of trials, appeals and Chamber hearings as time will permit.  There are also special programs for judicial law clerks.  The Law Clerk Committee has developed a series of programs to assist law clerks.  Throughout

the year, judges conduct informal seminars on topics of the law clerks’ choice.  There is a chambers program in which law clerks may attend Masters’ and Judges’ Chambers.  The law clerks are given instruction in Appeal Registry procedures and visits to the Provincial Court are arranged for those interested.

 

D.          QUALIFICATIONS

 

Applicants must be of good character and repute and be fit to become barristers and solicitors of the Bar of British Columbia.  Emphasis in hiring is placed on academic performance, as well as on research skills, general motivation and work experience.  An applicant must not have completed articles before commencing the clerkship.

 

E.      THE APPLICATION

 

Candidates must forward the following by the deadline:

 

1.       a cover letter and a curriculum vitae;

2.       official transcripts (or copy) of all undergraduate and law school marks; and

3.       confidential letters of reference from two law school professors (sent directly to the Law Clerk Program by the referees).

 

At the time of your first interview, you will be asked to supply a recent passport-sized, black and white photograph as an aide memoire.  In your application or during your first interview, you should indicate a preference for the court with which you would like to clerk. 

 

All material should be sent to:

 

Law Clerk Program

The Law Courts

c/o Judicial Administration

800 Smithe Street

Vancouver, British Columbia            V6Z 2E1

 

Attention: Margaret Neuhaus

 

Tel: (604) 660-3498

 

http://www.courts.gov.bc.ca

 

F.          INTERVIEWS

 

First interviews with the Law Officers are usually held during the last two weeks of February.  The Law Clerk Committees, made up of members of the judiciary, conduct a second interview and choose the law clerks.  Second interviews with the Law Clerk Committees are held within the last weeks of March.  Early interviews will only be granted in extenuating circumstances. 

 

Second interviews by the Court of Appeal may precede the second interviews of the Supreme Court.  On occasion, the Supreme Court Law Clerk Committee has given consideration to those who were interviewed but not selected by the Court of Appeal Law Clerk Committee; however, this is not standard practice and applicants are expected to express a preference for the court for which they would like to clerk.


COURT OF QUEEN’S BENCH OF ALBERTA and

COURT OF APPEAL OF ALBERTA

 

 

 

A.               INTRODUCTION

 

There are 18 clerkships available with the Alberta Courts.  Nine students serve their 10-month term at the Law Courts in Edmonton.  The other nine students serve with the Courts in Calgary.  The time spent as a law clerk is in partial fulfillment of the articling requirements for call and admission to the Bar of Alberta.  Successful candidates article for a total of 15 months.  The article consists of 10 consecutive months with the Courts and then 5 months of articles with a law firm. 

 

Completed applications must be received by the deadline specified by the Courts.  Note that the applications must be sent directly to the Courts, NOT to the Career Services Office.

 

 

B.          SALARY AND BENEFITS

 

Information unavailable.

 

 

C.          DUTIES

 

The articling program at the Courts is designed to expose students to as many aspects of the judicial process as practicable.  Student involvement in the process is often active and personal.  Besides preparing formal memoranda on law or facts, students often discuss issues of law and fact with judges.  Students are encouraged to watch all types of proceedings in all Courts, and to discuss both the substantive and procedural aspects of the proceedings with the presiding judge or master.

 

Although each student is articled to a particular judge, students work for both Queen’s Bench and appellate judges in order to gain broad exposure.  This ensures that students acquire experience in many areas of the law, such as criminal prosecutions, and a wide variety of civil litigation, such as commerce, tort, and public law.  It also exposes them to different Court proceedings, including the interlocutory, trial, and appellate stages.

 

Students report that a considerable part of the work involves litigation about commercial, property development, or corporate issues that are of interest to solicitors.  They also report that their time with the Courts is rewarding, stimulating, and interesting, and that the clerkship experience forms a good bridge between law school and practice.

 


D.      THE APPLICATION

 

Candidates must forward the following by the applicable deadline: 

 

1.       a cover letter

2.       a curriculum vitae;

3.       official or photocopied transcripts of law and all university marks

4.       one reference letter from a law professor that refers to your legal research and communication skills;

5.       a sample of legal writing (such as a brief essay)

6.       **Court of Appeal also requires two additional references listed with contact information**

 

NOTE:  You must send separate applications to each of the four courts.

 

To apply to article in Edmonton, send all material to: 

 

Mr. Justice Peter Costigan                          Madam Justice S.J. Greckol

Court of Appeal of Alberta, Law Courts              Court of Queen’s Bench of Alberta, Law Courts

#1A Sir Winston Churchill Square              #1A Sir Winston Churchill Square

Edmonton, AB  T5J 0R2                                    Edmonton, AB  T5J 0R2

 

 

To apply to article in Calgary, send all material to:

 

Madam Justice C.D. Hunt                                 Madam Justice P. A. Rowbotham

Court of Appeal of Alberta                                 Court of Queen’s Bench of Alberta

2600, TransCanada Pipelines Tower                        611 – 4th Street S.W.

450 – 1st Street S.W.                                         Calgary, AB  T2P 5H1

Calgary, AB  T2P 5H1

 

 

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, copies of which are available in the Student Resources area. 

 

 

E.          INTERVIEWS

 

Articles usually commence approximately 1.5 years after interviews have taken place. 

 

In the past, the Courts have conducted telephone interviews of out-of-province students.  On the following page you will find information and tips about telephone interviews offered by a Western law graduate who went through the process and obtained a clerkship position. 


 





Telephone Interviews

 

Ritu Bhasin (Class of 2000) offers the comments and suggestions listed below about telephone interviews.  Her experience is based on a clerkship interview but the advice is applicable to telephone interviews generally. 

 

                Recently, I interviewed over the phone for a clerkship at a provincial appellate court.  I realized that although interviewing over the phone is not an ideal situation, you can capitalize on its advantages and prepare accordingly.  After speaking to professors who have done phone interviews, and having interviewed myself, here are some comments that may be helpful.

 

Advantages of Phone Interviews

 

·         You can have written material in front of you while you interview.  I had my resume and covering letter ready in event that they asked me a question relating to something that I had written.

·         You can write out questions that you would like to ask and write down answers as you go along.  You can also take notes if you wish.

 

Disadvantages of Phone Interviews

 

Awkward silences – It’s hard to know exactly when to stop speaking or pause.

It is difficult to gage if the interviewers are following what you are saying.   You don’t have the benefit of reading their body language or eye contact.

Some say that if you do interview well, a telephone conversation is not as effective as interviewing in person in that you are unable to properly convey your personality or people skills.

 

Suggestions

 

Be ready for the call.  You most likely will have arranged an exact time for when the interview will take place so sit next to the phone. 

Formalize the process as much as possible.  A detriment to interviewing while in the comforts of your home is that there is a tendency to “relax” too much.  A professor suggested that I get dressed up in a suit just as I would if I was going into their offices.  I chose to sit in at a desk in the study with all my papers in front of me.

As this is not a typical phone conversation, formal phone etiquette should apply.  Don’t answer your call waiting.  Tell your roommates not to disturb you while you are on the phone.  Turn of your radio, television, stereo etc.

Write down the names of the interviewers as they introduce themselves.  At the end of the conversation you can thank them accordingly.

Take pauses when you feel like it.  Silences are okay and can be effective.

Have your questions ready.  It is a great help and advantage to write them down in advance.  It is also helpful to write down a couple points that you would like to emphasize in event that they ask you a particular type of question – i.e. why do you want this position.   You can then look at the points to give you a start.  I wouldn’t write out an exact response.  You don’t want to sound scripted or like you’re reading.

Relax and have fun!  It’s actually quite a safe position to be in because they can’t see you.  I went into the interview with the impression that since I was interviewing over the phone, I would not get the job.  But I was wrong.  They offered me a clerkship position, proving that interviewing over the phone isn’t always a disadvantage.

 


NOVA SCOTIA COURT OF APPEAL

 

 

 

A.          INTRODUCTION

 

Subject to government funding, up to three law clerks are hired each year to work for the justices of the Nova Scotia Court of Appeal.  The place of work is The Law Courts in Halifax, Nova Scotia.  The period of employment is the beginning of June until the end of May of the following year.  The successful candidates 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 of the Nova Scotia Barristers’ Society.

 

Completed applications must be received by the deadline specified by the Court.  The Court usually advertises positions beginning in February or early March and the deadline fluctuates.  If no job notices are received by the law school, interested students should contact the Court directly.  Unlike most clerkship programs, the Nova Scotia Court of Appeal clerkship commences in June of the SAME YEAR THE APPLICATION IS DUE.  Finally, you should note that the applications must be sent directly to the Court, NOT to the Career Services Office.  You will have to visit the Nova Scotia’s Barristers’ Society’s website at www.nsbs.ns.ca to see a posting as they generally do not go out to schools.

 

Students should note that one cannot entirely satisfy this Province’s articling requirements by working for the Court.  The reason is that students receive no more than six months credit even though the appointments are for 12 months.  Another note is that this Court hires both articling students and new lawyers to work as law clerks.  The work is the same, although the rates in pay differ significantly.

 

B.          SALARY AND BENEFITS

 

Last year the salary was $30,289.95 for a candidate admitted as a member of a Canadian Bar already and $20,159.00 for a law graduate not yet admitted as a member of a Canadian Bar.  Except as provided by agreement or by the Labour Standards Code of Nova Scotia or other applicable legislation, the law clerk is not entitled to any benefits and does not come within the Civil Service Act or other legislation relating to persons in the public service.  Holidays – as may be negotiated. 

 

 

C.          DUTIES

 

To provide legal assistance to the court on a variety of legal subjects, including:

 

preparation of bench and 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 preparatory to 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; and

assisting in the preparation of materials for judges’ seminars and related issues.

 

D.          QUALIFICATIONS AND APPLICATION

 

The law clerk must be a graduate of a recognized law school in Canada.  Candidates must forward the following by the deadline:

 

1.       a cover letter and a curriculum vitae;

2.       transcript of marks in law school; and

3.       letters of reference from three people. 

 

Only those selected for an interview will be contacted.  All material should be sent to:

 

The Honourable Justice Thomas A. Cromwell

Nova Scotia Court of Appeal

The Law Courts

1815 Upper Water Street

Halifax, Nova Scotia B3J 1S7

 

Tel: (902) 424-4900 / Fax: (902) 424-0646

 

[***note: this contact information was for last year’s applications and may be changed***]

 

 

 

 

NOVA SCOTIA SUPREME COURT

 

FYI:  Postings regarding clerkships with this Court are generally sent to the Law Society of Nova Scotia website in the Spring.  The website is www3.ns.simpatico.ca/nslawfd.  You may contact the Court directly at (902) 424-2442.


SASKATCHEWAN COURT OF APPEAL

 

 

 

A.          INTRODUCTION

 

There are 4 clerkships available with the Saskatchewan Court of Appeal.  The period of employment runs from the May 1 to June 1 of the following year. 

 

Completed applications must be received by the deadline specified by the Court which is generally the end of October [please refer to the website for details].  Note that the applications must be sent directly to the Court, NOT to the Career Services Office.

 

 

B.          SALARY AND BENEFITS

 

Salary - $2075.00 per month subject to the regulations made under The Public Service Act.

 

 

C.          DUTIES

 

The articling student prepares summaries of appeals coming before the Court and observes the Court proceedings.  Under the direction of the Chief Justice and the Judges of the Court of Appeal, the articling student will research points of law, prepare memoranda of law, and generally assist the Judges in the work of the Court.  The articling student may be required to carry out special study projects in designated areas of law.  Finally, the articling student will be expected to become familiar with practice and procedure in the Court and in the operation of the Rules of Court.

 

 

D.          QUALIFICATIONS AND APPLICATION

 

The articling student will be a graduate of law from a recognized College of Law, preferably the College of Law, University of Saskatchewan, and will be eligible to serve a period of articleship under the Chief Justice of Saskatchewan or another Judge designated by the Chief Justice.

 

Candidates should forward the following before the deadline:

1          a curriculum vitae;

2            transcript of marks;

3          three (3) letters of reference; and

4          a sample legal research paper.

 

Applications should be addressed to the following:

 

Marlene Rodie, Executive Assistant

Court of Appeal

2425 Victoria Avenue

Regina, SK  S4P 3V7

 

Tel: (306) 787-5382 / Fax: (306) 787-5815