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Page 1: Contents · Budget Overview ..... 15 X. Our Donors ..... 16 XI. Some Current ‘Big Issues’ for Legal Education ... We will be supported in this process by Maureen Reid of BoardWorks

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Contents

I. INTRODUCTION ............................................................................................................. 3 II. WHO WE ARE ................................................................................................................ 4

a) Some Key Facts about the Schulich School of Law .............................................................. 4 b) Current Mission, Vision and Values ..................................................................................... 5 c) The ‘Weldon Tradition’ ........................................................................................................ 5 d) Faculty and Staff Profile: Overview ..................................................................................... 5 e) The Cost of a Legal Education .............................................................................................. 6 f) Our Indigenous Blacks and Mi’kmaq Initiative .................................................................... 7 g) Admissions Principles, Schulich School of Law JD Program ................................................. 7 h) Career Development and Services ....................................................................................... 8 i) Joint Degree Programs ......................................................................................................... 8 j) Graduate Programs .............................................................................................................. 9 k) Linkages with the Legal Profession and the Judiciary .......................................................... 9 l) The Role of our Law Library ................................................................................................. 9

III. RESEARCH ................................................................................................................... 10 a) Overview ............................................................................................................................ 10 b) Research Activity and Impacts ........................................................................................... 10 c) Research Chairs .................................................................................................................. 12

IV. A Community of Dedicated Teachers .......................................................................... 12 V. Our Truth and Reconciliation Commission Initiatives .................................................. 13 VI. Dalhousie Legal Aid Service ......................................................................................... 13 VII. International Profile and Linkages ............................................................................... 14 VIII. Reputation and Profile ................................................................................................ 15 IX. Budget Overview ........................................................................................................ 15 X. Our Donors ................................................................................................................. 16 XI. Some Current ‘Big Issues’ for Legal Education ............................................................. 16

a) Regulatory Issues ............................................................................................................... 16 b) Future of Legal Education .................................................................................................. 17

XII. Dalhousie University’s Strategic Goals ........................................................................ 18 XIII. Invitation .................................................................................................................... 19 Appendix 1 ............................................................................................................................ 20

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I. INTRODUCTION We are excited to be embarking on a Law School initiative to develop a new strategic plan for the Schulich School of Law. We would like your input and your ideas. Our new plan will identify our priorities for the next five years and outline the steps we will take to realize those priorities. Consultation, internally and externally, will be the hallmark of our planning process. Faculty, staff, students, people from the university community, alumni, donors, community partners and members of the legal profession and the judiciary, among others, will be consulted. There will be facilitated sessions for faculty, staff and students at the beginning and then at other key stages of the process. We will also consider current trends and new ideas in legal education. With the benefit of this information, we will prepare a draft strategic plan for circulation and consultation. We encourage you to participate and we invite your feedback. All of the feedback received will inform our final strategic plan. We will be supported in this process by Maureen Reid of BoardWorks Consulting Inc. BoardWorks and Maureen have considerable strategic planning facilitation experience in the private and the public sectors, including the post-secondary education sector. We have also formed a Steering Committee, whose role it will be to advise the Dean, ensure that we have an inclusive and consultative process, and support the efficient and timely completion of this process by the end of 2016. The purpose of this document, a “strategic planning primer”, is to prime our collective thinking about the future of the Schulich School of Law. In it we highlight key facts about the current contexts in which we operate. We also identify trends in legal education that should be on our radar as we think about the future of the Schulich School of Law and its role, competitiveness and profile – locally, nationally and internationally. This document is intended to be informative and thought-provoking. We invite you to read it carefully and to provide us with your input on the following questions:

1. What are your hopes and aspirations for the long-term future of the Schulich School of Law (“the Law School”)? What would success look like for the Law School ten years from now?

2. How are we distinct? Are there aspects of our uniqueness that should be strengthened? 3. Do you think the Law School’s Mission and Vision remain relevant and appropriate? (see

Section II.b, below) 4. What values are important to you in terms of how the Law School carries out its

Mission? 5. What are the Law School’s challenges, risks and opportunities over the next 5-10 years? 6. How can we enhance the teaching and learning experience at the Law School? 7. What role does research serve at the Law School? What role would you like to see it

serve over the next five years? 8. How can the student experience at the Law School be enhanced?

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9. What role should our law library play in advancing our mission and vision? 10. What are the Law School’s priorities for the next five years? Why? 11. What does success look like in relation to each of those priorities for the Law School? 12. What do you think might be barriers to achieving success in those priority areas and

how can we overcome those barriers? 13. Is there anything else you would like to add in relation to the development of a Strategic

Plan for the Law School? You can send us your ideas and feedback electronically to [email protected]. We look forward to receiving your input. Your participation in our strategic planning process is valued and appreciated.

II. WHO WE ARE

a) Some Key Facts about the Schulich School of Law The Schulich School of Law plays an extraordinary role in Canadian legal education. What began as a “daring experiment” in two rented rooms in 1883 is now Canada’s most national law school. We draw talented students from every region of the country and from around the world into our J.D., combined J.D./Masters, LL.M. and Ph.D. programs. We are committed teachers who care deeply about giving our students an outstanding legal education. We are research leaders with rich local, national, and international networks and profiles, and we embrace the interdisciplinary opportunities found in our university setting. We are advocates who believe we can make a difference in the service of human and public policy problems. Our alumni are leaders. They hold office in every level of government, teach in law schools, provide innovative private and public sector legal services, lead businesses, advance policy in the executive branch of government, render decisions on courts across the country, and offer service to non-governmental bodies and non-profit and community organizations around the world. We value the contributions of the founding communities in our province, the Mi’kmaq Nation, Acadians, African Nova Scotians, and British. Our J.D. students come from and return to every province and territory in the country. This unique attribute adds to the richness of our student experience, in formal learning settings and in the bonds our students form with one another. We aim for a first year J.D. class that is comprised of 50% “Residents” (students from Atlantic Canada) and 50% “Non-Residents” (students from the rest of Canada and from abroad). In 2015, we received 1409 applications for approximately 170 places in our J.D. class. Demand for places was similar in the preceding

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four years. Upon graduation, most of our students pursue articling and admission to practice across the country. We know from our ongoing interactions with our alumni that while many of them choose to remain in private practice, many others choose to pursue a variety of other career paths. These include, for example, government, business, politics, the not for profit sector, financial services, in-house counsel, university teaching, and the arts (authors, filmmakers, journalists). We have many engaged, loyal and supportive alumni who give back to their Law School as donors, teachers, guest speakers and advisors

b) Current Mission, Vision and Values These are our mission, vision and values statements as developed in our 2011 strategic planning process.

Mission – At the Schulich School of Law we serve society – locally, nationally, and internationally – by providing a collaborative environment in which to learn, think, and communicate about law, policy, and justice. Vision – The Schulich School of Law is an engaged, diverse, inclusive, accessible, and sustainable community, dedicated to innovative and rigorous legal education and research. Values – We value collegiality, integrity, respect, courage, social justice, and unselfish public service.

c) The ‘Weldon Tradition’ The Weldon tradition of unselfish public service, named for the first Dean of Dalhousie Law School, is a vital part of the fabric of our law school and a source of pride. We live this tradition and it brings us together – past and present students, faculty, staff, and law school advocates. Schulich School of Law students are among the most active Canadian law students in their commitment to pro bono service. Faculty, staff and alumni are similarly committed to serving their communities, in the Weldon tradition.

d) Faculty and Staff Profile: Overview We have a total of 79 faculty and staff. Our faculty complement (including both full time and limited term appointments) is currently at 36.5. Our full-time faculty numbers have remained static in the past five to six years, and the total number of courses offered in each year over the

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same time period has fluctuated slightly. Our reliance on members of the legal profession to meet our teaching needs, including in our first year and our compulsory curriculum, has increased in that same period. They make a valuable and a vital contribution to our curriculum. The lack of growth in our full-time, tenure track faculty numbers makes meeting basic curriculum needs a challenge, and imposes limits on the extent to which we can be innovative in our programming and our pedagogy. It also has an impact on the people available to meet faculty and university committee and service needs. The need to recruit new full time tenure track faculty members is heightened by the numbers of our faculty members who are nearing the point of retirement and who are opting either to retire or to accept three-year post retirement contracts. These contracts include a 50% workload reduction. We are in a period of robust recruitment, which presents excellent opportunities for growth and expansion and to bring new ideas into our law school. Our recruiting challenges include difficulties competing with the salaries offered by our competitor law schools in other provinces, especially Ontario, and also the United States, and the need to attract diverse candidates. Geography may also be a challenge when most candidates are either not from the Atlantic region or are keen to be in a larger centre. But we also have comparative recruiting advantages that we can market, including affordable housing, lifestyle, and attractive natural surroundings. One of the risks that can arise with the retirement of faculty is the loss of relationships that they have built with external stakeholders – for example, alumni, donors and members of the professions and the judiciary. Good succession planning will include strategies to ensure that these relationships are not lost, and of course to ensure that new relationships are being built.

e) The Cost of a Legal Education The tuition rate for J.D. students entering year 1 of the J.D. program in 2016-17 is $17,770.60. The Schulich School of Law is in the middle range of Canadian law school tuition costs. Scholarship and bursary assistance for students is one of our highest priorities. Support to our students in the form of bursaries and scholarships in 2015-16 was $2,415,176. In 2009-10 it was $1,571,006. In 2015-16, we had 255 applications from our students across all 3 years for assistance in our ‘Named Awards and Bursaries’ category, and $873,301.00 was awarded. In 2009-10 in this category, we had 292 applications and $764,298 was awarded. The amount awarded in this category has increased by about 15% in the 2009-2015 period. The decline in the number of applications in this category is explained in large part by the commencement of the Schulich Scholarships program.

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In 2009-10 the first Schulich Scholarships were awarded to 2nd and 3rd year students, and the Schulich entrance scholarships came on stream in 2010-11. In 2015, 61 students across 3 years of study received a total of $827,851 in Schulich Scholarship funding. In a third category of scholarships for entering and returning students (the Law Foundation, McBain, Godsoe, Crosbie, Bell, Fraser, Blakes, Covert, Miller and Indigenous Blacks and Mi’kmaq Scholarships) a total amount of $626, 876 was awarded to 53 students. This includes some renewals of entrance scholarships. The amount awarded in this category has increased by about 37% in the period 2009-2015. Student debt is a significant issue with immediate and longer term consequences, including access to law school and the impact debt can have on student career choices upon graduation.

f) Our Indigenous Blacks and Mi’kmaq Initiative Each year a number of our J.D. class places are filled through our Indigenous Blacks and Mi’kmaq Initiative (IB&M Initiative), a pioneering initiative that aims to attract historically underrepresented Indigenous Blacks and Mi’kmaq students to law school and the legal profession. The IB&M Initiative originated in part in response to the recommendations in the Marshall Report (Royal Commission on the Donald Marshall Junior Prosecution). It is unique in North America, thereby differentiating the Law School and University, and putting us “ahead of the curve” when it comes to innovative programming to address Aboriginal and African Canadian diversity, and the educational and aspirational needs of those communities. The purpose of the IB&M Initiative is to reduce structural and systemic discrimination by increasing the representation of Indigenous Blacks and Mi’kmaq people in the legal profession. The IB&M Initiative aims to admit twelve students per year (six Mi’kmaq and six Indigenous Blacks), and there are currently 179 graduates who entered the Schulich School of Law through the IB&M Initiative. The core work of the IB&M Initiative is resourced through funding from the Schulich School of Law, Dalhousie University, the Law Foundation of Nova Scotia, the Law Foundation of Ontario, and the Nova Scotia Department of Justice. The Initiative has enjoyed national recognition, including the CBA Touchstone Award (2012), the Canadian Race Relations Foundation Award of Excellence in Education (2014), the CBA-Nova Scotia Branch Law Day Award (2015), and the Lexpert Zenith Award: Celebrating Diversity and Inclusion (2016).

g) Admissions Principles, Schulich School of Law JD Program Admissions Committee members conduct information sessions at most universities in the Atlantic Provinces. The Director of Admissions and Outreach also attends career fairs hosted at universities across Canada, including the annual Canadian Law School Forum held in Toronto. Admissions Committee members also conduct interviews of select candidates in Halifax and other major cities in Canada. The IB&M Initiative staff, alumni and community partners engage

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in a range of recruiting efforts, including giving presentations, hosting information seminars, and providing LSAT preparation sessions. Challenges include the recent increase in the number of law student positions at several established law schools in Canada; the establishment and consideration of future new Canadian law schools; the increasing number of students seeking to gain admission to practice in Canada through the National Committee on Accreditation (NCA) process; the need for diversity in the student body, including the Truth and Reconciliation Commission Report’s challenge to law schools to recruit more aboriginal students; the impact that technology has had and is having on delivery of legal education, and the need to remain competitive with new teaching and learning technologies; and the economic downturn in parts of Canada that has placed stress on students seeking legal careers, and consequently on the recruitment of new students.

h) Career Development and Services The Schulich School of Law has its own Career Development Office (CDO). This office provides a wide array of services to students, including organizing on-campus careers fairs and law firm interviewing events, overseeing internship application processes, meeting with students to assist them in preparation for job interviews and generally with their job search activities, and assisting students to find mentors. We have recently hired a new Director of Careers Services and Employer Relations whose primary expertise is in recruiting and human resources. As Canada’s most national law school, with students coming from and returning to all of our provinces and territories, it is essential to ensure that the careers services we are offering are national in their scope and effectiveness. We do post-graduation employment surveys of every graduating class. These surveys indicate that the success rate of our students in gaining an articling position or other employment they are seeking is in the range of 90-95% within one year of graduation. Thus far in 2016 our survey indicates an 86% success rate for the Class of 2016. Based on trends in previous surveys, it is likely that this figure will also be in the 90-95% range by the end of 2016.

i) Joint Degree Programs We have five joint programs with other faculties. They are: J.D./Master of Business Administration; J.D./Master of Library and Information Science; J.D./Master of Public Administration; J.D./Master of Health Administration, and a new program, the J.D./Master of Journalism (with Kings College). In 2015-16 there were a total of 12 students enrolled in these programs (excluding the new J.D./Master of Journalism program which had not yet accepted its first class): 5 J.D./M.P.A., 4 J.D./M.B.A., 1 J.D./M.L.I.S., and 2 J.D./M.H.A.

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j) Graduate Programs In addition to our J.D. program and our joint degree programs, we have LL.M. and Ph.D. programs. Statistics for the past eight years indicate that the subject areas of study have remained diverse over this period. They also indicate that the countries of origin of our graduate students have declined (for example, from 24 countries in the 2007-13 period to 9 in 2014-15). Our completion rates are excellent. We ensure that we have appropriate supervision for candidates before their applications are accepted. Our tuition rates for our LL.M. and Ph.D. programs are much higher than those of any of our comparator Canadian institutions, in some cases almost twice as high. This is a significant challenge for our graduate programs and was identified as such by the 2015 Senate Review Committee. A prerequisite to enhancing the profile and the attractiveness of our graduate programs is a reduction in our graduate tuition amounts to bring them in line with those of our comparator Canadian law schools.

k) Linkages with the Legal Profession and the Judiciary The links and interactions between the Law School, the legal profession and the judiciary are rich and varied. Many lawyers and judges make a valuable contribution to our curriculum as part-time instructors. They are also frequent contributors to our Law Hour and other guest speaker series. Some serve as mentors for our students, offering information and advice about careers. Others serve on committees and advisory groups. They contribute their time and advice to our various pro bono student projects. Many are generous donors. With their professional achievements they bring credit to the reputation of the Law School. And of course, they employ our students. These linkages enhance the quality of the law school experience for our students.

l) The Role of our Law Library The primary role of the Sir James Dunn Law Library (the Law Library) staff is to support the teaching, learning and research activities of Law School students and faculty. They also provide legal materials and research assistance to researchers from throughout the university, visiting scholars, members of the local legal community, and members of the public. The range of queries and services is broad, and includes guidance for first year law students, faculty information searches, instruction to non-law students on how to use legal materials to complete assignments, and assistance to members of the public in finding the information needed to resolve a wide variety of legal concerns. The Law Library staff are integral in teaching our first year compulsory Legal Research and Writing course, and the Chief Law

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Librarian offers an Advanced Legal Research course. Our library staff also provide research training sessions for particular courses at the J.D. and postgraduate levels. Because of the advanced technical awareness and skills of our library staff, they are increasingly called on to provide adjunct teaching support, and to assist with digitization of Law School materials, online exam trouble-shooting and online research instruction.

III. RESEARCH

a) Overview Research is one of three core responsibilities of all tenure track and tenured faculty, along with teaching and administrative work. Research is generally expected to take up about 40% of a full-time tenured or tenure-track faculty member’s time, with teaching comprising another 40% and administrative work and service taking up the remaining 20%. To encourage and facilitate research at the Law School, we offer a variety of supports, including summer research assistance (up to 2 months), and up to $2,000 from the Schulich Academic Excellence Fund for research or travel. In addition, there is support available to assist faculty applying for tri-council funding, including financial support, peer review of applications, workshops, and one on one assistance from the Associate Dean (Research). With the assistance of Research Services, we support applications for other sources of funding, and in coordination with communications staff at the Law School, we support the celebration and dissemination of research, whether funded or unfunded. Weekly research hours are held during the two teaching terms to offer opportunities for sharing research, for collaboration among faculty, and for professional development. Key strategic research issues to consider can be grouped under the following four broad topics: (a) celebrating our research achievements, (b) increasing the dissemination and scope of our research, (c) measuring impact, and (d) increasing external research funding.

b) Research Activity and Impacts The research interests and activities of our faculty are rich and varied. In addition to publishing the results of their research in books and journal articles, many of our faculty are called on for their expertise by the media, government departments, and parliamentary committees. They are leaders in diverse subject areas, from end of life ethics to international criminal law, from mental health to freedom of religion, from restorative justice to tax treaties, from aboriginal law to securities law, to name only a few. Many are members of national and international networks of scholars. They hold prestigious research grants and awards. They work at the

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intersections of law and policy. They bring their research activity and interests into their teaching, thus improving the learning experience for our students. Some members of our faculty are members of and work through one of our three research institutes.

The Marine and Environmental Law Institute (MELAW) is one of Canada’s leading research centres for marine and environmental law and has a global reputation. MELAW faculty scholarly research has covered a broad range of issues in Canadian, comparative and international aquaculture, climate, environmental, energy and fisheries law and policy. This research is a broad mix of institutional (i.e., where the Institute submits a grant application or is a partner) and individual (e.g., SSHRC grant) research. Much of this research explores the advancement of fundamental principles of international law and good governance, building of domestic and international regimes, implementation of international obligations and law reform. MELAW activities also include consulting related research for national and provincial governmental organizations, intergovernmental organizations, industry bodies and non-governmental organizations. Our Marine and Environmental Law Program offers specializations in marine and environmental law for J.D. students and includes 16 courses. The program has over 180 alumni. MELAW faculty also supervise masters and doctoral candidates in their fields.

The Law and Technology Institute (LATI) – The LATI was founded in 1999. Its founding goals were: 1) serve as a focal point and crucible for law and technology-related research, facilitating academic, policy-oriented and popular public discussion; 2) teach law and technology courses in the J.D. curriculum; and 3) deliver law and technology-related course content in other settings, particularly the Master in Electronic Commerce degree program (a Law, Computer Science, Management joint program), and training in external settings such as government and private industry. The research done under the banner of the LATI tends to be that which is personal to the faculty members; the Institute acts as a platform for dissemination of this research work. The LATI is also home to the Canadian Journal of Law & Technology, the only peer-reviewed law and technology journal in Canada. The potential for growth in the law and technology field (however named) is huge. Automated cars, drones, the exponential increase in the capacity of artificial intelligence, and related privacy issues are just a few examples.

The Health Law Institute (HLI) – The Dalhousie Health Law Institute (HLI) was established in 1991 as an interdisciplinary university institute, supported by and engaging with the Faculties of Medicine, Health Professions, Dentistry and Law. It currently has eight faculty members and two affiliate members. Affiliate members work in health law and policy but do not hold law appointments. The HLI frames their mission in this way: “The Institute seeks to understand, use and adapt law and policy to improve health and well-being.” Members of the Institute accomplish this Mission through scholarship, education, and public service. The scholarship of individual HLI members covers immense ground, and members are recognized as national leaders.

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They are active in policy development and several HLI members have significant international research profiles. HLI members serve on local, provincial, and national boards and committees with a health law and policy focus, as well as international organizations, and have provided advice to such bodies as the Council of Canadian Academies, the Royal Society of Canada, and Advisory Councils for the Federal Minister of Health.

c) Research Chairs The main purpose of a Research Chair is to support a faculty member to produce excellent research in her/his area of specialization. Research Chairs come in many forms. Some are fully funded with endowments, which means that the salary and related research and other support stipends are paid from an endowment, to smaller amounts that give a faculty member some extra support, for example, to pay for research assistants. In addition, the Federal Government supports Canada Research Chairs (CRCs), which are distributed across Canadian universities. Currently we have 2 faculty members who hold CRC Chairs, one in Maritime Law and Policy and the other in Ocean Law and Governance. In addition to these Chairs, we have a number of fully or partially funded Chairs, as follows:

Yogis and Keddy Chair in Human Rights Law

Purdy Crawford Chair in Business Law

MacBain Chair in Health Law and Policy

James Palmer Chair in Public Policy and Law A recent addition is a gift from the Hon. A. Anne McLellan, P.C., O.C., A.O.E., Class of 1974, and current Chancellor of Dalhousie University, to establish the Chancellor’s Chair in Aboriginal Law and Policy.

IV. A Community of Dedicated Teachers Our faculty members are deeply committed to providing an excellent learning experience for our students. They do this not only in the classroom, but also by being accessible to students outside of the classroom, by innovating with new learning methods and technologies, and by being leaders in their areas of expertise. They bring their research interests and their subject expertise into the classroom and other formal instruction. They ensure that students engage not only with the ‘law in the books’ but also with the law in action’. They are committed to being available to students outside of formal instruction time. In the bi-annual LSSSE Surveys (Law School Survey of Student Engagement) this open-door policy and the opportunities it

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offers to our students to interact with and get to know faculty are identified as strengths of our Law School.

V. Our Truth and Reconciliation Commission Initiatives The Truth and Reconciliation Commission of Canada (TRC) spent six years travelling to all parts of Canada to hear from the Aboriginal people who had been taken from their families as children, forcibly if necessary, and placed for much of their childhoods in residential schools. The TRC Report, published in 2015, is the result of those discussions. It contains 94 Calls to Action, the aim of which is to work toward reconciliation between Aboriginal and non-aboriginal peoples, which the Commission describes as:

“establishing and maintaining a mutually respectful relationship between Aboriginal and non-Aboriginal peoples in this country. In order for that to happen, there has to be awareness of the past, acknowledgement of the harm that has been inflicted, atonement for the causes, and action to change behaviour.”

Call to Action 28 is directed at Canadian Law Schools. It reads:

We call upon law schools in Canada to require all law students to take a course in Aboriginal people and the law, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal–Crown relations. This will require skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.

The Schulich School of Law is committed to developing meaningful responses to the TRC Report. Our Winter 2016 Faculty Professional Development Day was dedicated to how to ensure that, as legal educators, we are responding effectively to the Calls to Action. Some key strategies emerged, including establishing stronger links with our Aboriginal communities and consulting with and involving those communities in discussions about our curricular and other responses to the TRC Calls to Action.

VI. Dalhousie Legal Aid Service Dalhousie Legal Aid Service (the Clinic) is a community legal aid clinic located in the north-central neighbourhood of Halifax. It also is a clinical program for law students. In operation since 1970, it is the oldest clinical law program in Canada and the only community law clinic in Nova Scotia. The Clinic is a unique partnership of the academy, community groups, law

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students, community legal workers and lawyers working together to provide legal information, advice and representation. Clinic funding is provided by the Schulich School of Law, the Nova Scotia Legal Aid Commission, the Law Foundation of Nova Scotia, Clinic alumni, friends of Dalhousie Legal Aid Service, and special events fundraising. Dalhousie Legal Aid Service (DLAS) also does community outreach, education, organizing, lobbying and test case litigation to combat injustices affecting persons with low incomes in Nova Scotia. Community groups and community based agencies with mandates to fight poverty and injustice may apply for legal advice, assistance, and community development and education services. The DLAS offers advocacy workshops and legal information sessions, and works with other groups to lobby the government on social assistance policy and other policies negatively affecting persons with low incomes. The Clinic provides a vital service to people in need, advancing access to justice, making an excellent clinical training opportunity available to our students, and creating a positive profile in our community for the Law School and the University.

VII. International Profile and Linkages The Schulich School of Law has both formal and informal relationships and linkages with individuals, institutions and organizations abroad. We have not systematically captured and recorded the number and varieties of these connections. Among those that are more formal, we have the linkages overseen by our International Linkages Committee (ILC). Others include, for example, those made by MELAW. Many members of the Law School, including those not affiliated with any of our three Institutes, also have international linkages, primarily for the purposes of their research. In 2011-2012, the ILC undertook a review of our linkages relationships and processes. The Archibald Report, Review and Recommendations Concerning International Exchange, produced 14 Recommendations. We have sought to implement these Recommendations, with some success. The primary focus of the ILC has been on student exchanges. In the last four years, we have created six new exchanges, and terminated one exchange, for a total of 20 with two more under consideration. While we have doubled the number of Dalhousie students able to go abroad, we have not yet significantly increased the number of incoming students. This can have a negative impact on our budget. The ILC also oversees faculty exchanges. Recommendation 12 of the Archibald Report proposed greater “encouragement of faculty teaching and research abroad.” Currently, the Law School has several MOUs with other institutions supporting collaborative research and teaching. These have primarily been under the auspices of the MELAW. However, undoubtedly many individual faculty members have developed solid relationships with colleagues at

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institutions abroad. The question remains whether we can do more to expand these and to capitalize on the connections and networks of all faculty members.

VIII. Reputation and Profile We have a unique place in the history of legal education in Canada and a compelling story to tell and be proud of. The Schulich gift makes it possible for us to prioritize and support communications in ways that raise our profile as a highly visible, highly influential, and highly regarded centre of legal thought and education. This work is aligned with the university’s strategic priorities, including strengthening the “recognition for our academic excellence and reputation at national and international levels”. A strong reputation carries weight and goodwill in the community and the profession, and opens opportunities such as attracting top talent, research funding, corporate and alumni giving, and earned media coverage. Telling our story in this way requires planning, investment, consistency, and collaboration across a variety of channels. Media is one such channel, and we recognize the importance of speaking publicly about our research and expertise in a way that makes a difference – whether to public opinion, or to legislation and public policy. Our faculty’s media work has impact. As an example, a benchmark five-year survey of print and online news outlets showed a 350% increase in our faculty mentions from 2010 to 2015.

IX. Budget Overview Our total operating costs for the fiscal year 2015-16 were $12,785,000. In addition to government grants and tuition income, other sources of income include annual gifts, endowments, government grants, law foundation grants, special purpose funds, overhead on research grants, and income from cross-faculty teaching. As of March 2016 the market value of our endowments was $52,857,642 and their earnings in the same period were $2,494,821. The $20 million gift from Seymour Schulich/The Schulich Foundation has enabled us to support students and staff and to advance strategic priorities in a manner that would not otherwise have been possible. We operate in a competitive environment, one in which Canadian law schools are engaged in new program development, curriculum innovation, increased experiential and interdisciplinary learning opportunities, mental health and wellness initiatives, and internship and cooperative learning opportunities. A comprehensive advancement and fundraising strategy, including new revenue generation initiatives, is essential to support the growth that is needed to remain innovative and competitive and to be one of the best law schools in the country, the law school of choice for J.D., LL.M. and Ph.D. students.

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X. Our Donors Our donors enrich the lives and the law school experiences of our students. Scholarships, bursaries, prizes, guest speakers, moot competitions, classroom and building renovations, support for our many student clubs and activities – these are all made possible by the generosity of our donors. That same generosity also helps us to attract and retain excellent teachers and researchers, through support for Chair Professorships, research projects and Institutes, and visiting scholar programs. Fundraising will continue to be a top priority for the Law School. We work with the University Advancement Office to identify and pursue fundraising opportunities. The following chart summarizes giving to the Schulich School of Law by Law School alumni, non-Law School Dalhousie alumni, and non-Dalhousie donors. Here, ‘giving’ means at least one commitment (i.e., pledge or outright gift) from 1 April 2006 to 31 March 2016. Currently living and deceased donors are included.

Law alumni are considerably more likely to have given in multiple years than non-Law alumni or non-Dalhousie donors. Among our living Law alumni (7,403) we have valid address contact information for 90% and e-mail contact information for 76%. Giving is highest in the 45-74 age range. The overall participation rate of our alumni to “any Dalhousie designation” (i.e., not just Law) is 30.2%.

XI. Some Current ‘Big Issues’ for Legal Education

a) Regulatory Issues A recent dominant feature of the Canadian legal education landscape has been the increasing role of provincial law societies, primarily through the Federation of Law Societies, in having input into the content of law school curricula. This has not led to the kind of comprehensive accreditation process that the ABA has put in place for American law schools, but within Canada it has been a significant shift.

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A related development is the new ‘Lakehead model’ of legal education. That law school welcomed its first class in 2013. Their key branding messages include the following: “Our three-year Law degree (J.D.) focuses on access to justice in non-metropolitan communities by preparing graduates to practice in smaller centres and in smaller firms – in 'Main Street' Canada.” Lakehead is the first Canadian law school to be approved to have an ‘integrated practice curriculum’. This means that Lakehead students do not need to article and are eligible for licensing in Ontario upon graduation. Thus far, no other Canadian law school has followed suit. A related development with potential impacts throughout Canada, (especially (arguably) for a national law school such as ours), is the creation in Ontario of a new articling option, the Legal Practice Program. Candidates entering or currently registered in Ontario’s lawyer licensing process may choose from two options: the Articling Program or the Law Practice Program (LPP).

Candidates must complete either the LPP or the Articling Program to satisfy the experiential training component of the Lawyer Licensing Process. Both pathways are based on supporting the fulfillment of the experiential training competencies for candidates, established by the Law Society. The LPP consists of a four-month training course and a four-month work placement. Candidates who select the LPP experiential training path must complete both the training course and the work placement. (Law Society of Upper Canada website)

This option was developed after an intense period of debate and discussion about the future of articling in Ontario. Recent indications are that the future of this LPP pilot program is by no means a sure thing. While these various developments are Ontario-based, they have a potential national impact. As Canada’s most national law school, our students return to most provinces in the country to take up articling positions. It is also possible that regulatory changes in other provinces might have an impact on student recruiting, depending on the nature of those changes and their perceived advantages or disadvantages in the eyes of potential law students. These developments also indicate that there are those whose vision of legal education is one that has law schools assuming a much bigger share of the role of preparing students for the practice of law as traditionally understood.

b) Future of Legal Education This leads us to a further legal landscape issue. It is a question that has been asked in various ways since the first law schools in Canada were established. What are we educating our students for? One view is that the purpose of a law school is to “play a leading role in the creation and transformation of legal knowledge, legal practice, and the legal system — a role that requires them to provide their students with a large and liberal understanding of law that

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will prepare them for a variety of legal and non-legal careers.”1 Another is that the main purpose of a law school is to ensure that law students graduate with an understanding of and a commitment to advancing the rule of law in a vibrant democracy. And as stated above, there are those who think that the role of a law school is to prepare students for the practice of law. But if that is so, then what kind of practice – private law firms? City or rural practice? Government service? The corporate or not-for-profit worlds? Financial services? A career that is not directly law-related but in which the skills of a lawyer are complementary? Having a 2016 and a 2025 answer to the question, “What are we educating our students for?” is essential. And in trying to answer the question, we cannot ignore the ways in which technology is changing where and how law is ‘practiced’, the alternative business models that are being used to provide for the delivery of legal services, and the many jobs our current graduates are doing that are not the practice of law as traditionally conceived. It has been said that in 10 or 15 years, many of the jobs that people will be doing do not now exist. This may be as true in law as it is in other professions. These issues have obvious curriculum design and content significance for law schools, and are relevant to how and where teaching and learning take place.

XII. Dalhousie University’s Strategic Goals Inspiration and Impact: Dalhousie Strategic Direction 2014-18 articulated five key strategic areas that each include specific strategic priorities:

1. Teaching and Learning – Enhance the transformative power of teaching and learning 2. Research – Expand opportunities for research, scholarly and artistic work 3. Service – Catalyze the intellectual, social and economic development of our

communities 4. Partnerships and Reputation – Take our place nationally and internationally 5. Infrastructure and Support – Build our institutional capacities

For additional information about the University’s Strategic Plan and its progress to date, please visit http://www.dal.ca/about-dal/leadership-and-vision/dalforward/strategic-direction.html. It will be essential for the Schulich School of Law’s strategic goals to be aligned with the University’s strategic directions. Our strategic goals must also reflect the inclusion and diversity principles and recommendations in the Backhouse Report and the Belong Report, and as stated in Dalhousie University’s Strategic Plan, 5.2: “Foster a collegial culture grounded in diversity and inclusiveness”.

1 Harry Arthurs, The Future of Legal Education: Three Visions and a Prediction, Osgoode Hall Law School, Research Paper 49/2013, available at http://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1291&context=clpe.

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XIII. Invitation We’ve given you a lot of information about factors that we should consider as we move into our strategic planning process. We invite you to think about this information and to provide us with your feedback on the following questions:

1. What are your hopes and aspirations for the long-term future of the Schulich School of Law (“the Law School”)? What would success look like for the Law School ten years from now?

2. How are we distinct? Are there aspects of our uniqueness that should be strengthened? 3. Do you think the Law School’s Mission and Vision remain relevant and appropriate?

(See above, Section II, item b) 4. What values are important to you in terms of how the Law School carries out its

Mission? 5. What are the Law School’s opportunities and risks over the next 5-10 years? 6. How can we enhance the teaching and learning experience at the Law School? 7. What role does research serve at the Law School? What role would you like to see it

serve over the next five years? 8. How can the student experience at the Law School be enhanced? 9. What role should our law library play in advancing our mission and vision? 10. What are the Law School’s priorities for the next five years? Why? 11. What does success look like in relation to each of those priorities for the Law School? 12. What do you think might be barriers to achieving success in those priority areas and

how can we overcome those barriers? 13. Is there anything else you would like to add in relation to the development of a Strategic

Plan for the Law School? You can send us your ideas and feedback electronically to [email protected]. We look forward to receiving your input. Your participation in the strategic planning process is valued and appreciated. Thank you.

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Appendix 1

Strategic Planning Steering Committee Membership

Donna Beaver – Director of Finance and Administration, Schulich School of Law

Camille Cameron – Dean, Weldon Professor of Law, Schulich School of Law

Elaine Craig – Faculty, Schulich School of Law

Michael Deturbide – Faculty, Associate Dean (Academic), Schulich School of Law

Donna Franey – Director, Dalhousie Legal Aid Service

Archie Kaiser – Faculty, Schulich School of Law

Lindsay Loomer – Director of Communications and Marketing, Schulich School of Law

Anne Matthewman – Chief Law Librarian, Sir James Dunn Law Library

Bart Soroka – President, Law Students’ Society, Schulich School of Law

Michelle Williams – Faculty, Director of the Indigenous Blacks and Mi’kmaq Initiative, Schulich School of Law


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