The Legal Excellence Program - Toronto

Articling Opportunities Across Canada

Ontario Regional Office (Toronto)

The Legal Excellence Program is a joint offering of the Ontario Regional Offices of the Department of Justice and Public Prosecution Service of Canada.

The Ontario Regional Office (ORO) of the DOJ represents the federal government in a wide variety of matters affecting departments and agencies of the Government of Canada in Ontario. The majority of its more than 300 lawyers are litigators responsible for a wide variety of cases, from multi-billion dollar civil actions to high profile Charter of Rights and Freedoms applications. The files are challenging and opposing counsel are generally from major Toronto law firms. In addition to litigation work, a small number of counsel at the DOJ perform solicitors’ work. DOJ counsel are given a great degree of independence and responsibility early in their careers.

The Ontario Regional Office of the PPSC is home to over 100 prosecutors, making it the largest PPSC regional office in the country. The office is responsible for federal criminal prosecutions and appeals at all levels of court, including the Supreme Court of Canada. Counsel with the PPSC spend most of their time in court, conducting routine and complex drug and white collar crime prosecutions and appeals. The PPSC also provides legal advice to police and enforcement agencies in Ontario, assisting them with wiretaps, seizure of the proceeds of crime, and search warrants.

General Articling Information

The articling program at the ORO, including the hiring of summer and articling students, is governed by the rules of the Law Society of Upper Canada

Students are given the choice of four of the following six "rotations":

Public Prosecution Service of Canada
Aboriginal and Business Law Divisions
Tax Law Services Division
Regulatory Section and Extradition Team
Immigration Law Division
Ontario Court of Justice (Criminal Division) Clerkship

Each rotation lasts approximately eleven weeks during which students assist counsel in all aspects of litigation and solicitor work.

Each student is assigned an articling Principal approved by the Law Society of Upper Canada. The Principal serves as an advisor, confidant and advocate for the student. In addition to the Principal, rotation representatives monitor the student’s workload and quality of work.

Professional Development

Orientation

Students are provided with a full orientation program designed to introduce them to the structure, policies and procedures of the DOJ and PPSC.

Small Claims Court Litigation

Students may receive carriage of their own small claims court files, exposing them to the litigation process, including client interviews, trial preparation, pre-trials and the trial itself.

Trial Advocacy Program

During their articles, all students participate in the Trial Advocacy Program in the Ontario Regional Office. The Trial Advocacy Program is comprised of ten classroom sessions involving the preparation of a civil and a criminal file. Each class focuses on a particular advocacy skill (examination, cross-examination, submission, etc.) and is taught by seasoned litigators. The program ends with a mock trial at a local courthouse presided over by a sitting judge.

Legal Research and Written Advocacy Program

The Legal Research and Written Advocacy Program introduces students to advanced research techniques and to assist them in developing the skills necessary to draft persuasive court documents. The students explore Crown law, draft with experienced practitioners and critique legal writing from the perspective of a judge.

Continuing Legal Education

Students have access to other continuing legal opportunities at the DOJ and PPSC.

Salary and Benefits

Salary of $60,328 per annum
Salary covered during licensing examinations and study period
** A maximum of 14 paid study days will only be covered for exams written, after a verbal offer has been issued. Students must advise the department when they will be writing their exams in order to be compensated.
15 days vacation, pro-rated
15 days paid sick leave, pro-rated
Medical and dental coverage
Pension plan

Application Process

Applications must be received by July 5, 2013 at 5:00 p.m. Your application must include a resume, cover letter, law school transcripts and coordinates for two (2) references. Applications will be assessed against a Statement of Merit Criteria. This posting is open to persons residing in Canada and Canadian citizens residing abroad. Please note that preference will be given to Canadian citizens. Please indicate in your application the reason for which you are entitled to work in Canada: Canadian citizenship, permanent resident status or work permit.

You may mail, fax or e-mail your application to:

Department of Justice
Ontario Regional Office
The Exchange Tower
130 King Street West, Suite 3400, Box 36
Toronto, Ontario M5X 1K6
Fax: (416) 973-0531
lep-pea.Ontario@justice.gc.ca
Attention: Michèle Adam, Human Resources Advisor

Practice Areas by Rotation

1. Public Prosecution Service of Canada

PPSC lawyers conduct prosecutions primarily under the Controlled Drugs and Substances Act, along with other federal statutes. Prosecutors handle Charter litigation, large-scale proceeds of crime cases, white collar crime cases, large-scale importing cases, and conduct appeals in the Ontario Court of Appeal and the Supreme Court of Canada. Students have opportunities to conduct summary conviction trials, guilty pleas and attend trials, bail hearings and appeals with counsel.

The ORO of the PPSC is organized into a series of teams and sub-offices. Federal prosecutions are handled at the Old City Hall and 361 University Court Houses by the Old City Hall/Superior Court Team. The team is primarily responsible for possession, trafficking and importing cases, although other routine cases are also prosecuted. Counsel will conduct bail hearings, judicial pre-trials, preliminary inquiries and trials in the Ontario Court of Justice and the Superior Court of Justice. Old City Hall is home to two innovative justice initiatives: the Drug Treatment Court and the Gladue Court which emphasize restorative justice for drug-addicted and First Nations persons respectively.

The Anti-Organized Crime Team prosecutes complex and large-scale trafficking, importing, and cultivation files. The team is also responsible for biker and anti-terrorism prosecutions. Most of these cases involve wiretap evidence and evidence gathered outside Canada. Many are also joint prosecutions with provincial crown attorneys.

The Revenue Prosecution Team is responsible for prosecuting cases of financial crime, primarily in relation to offences under the Income Tax Act, the Excise Tax Act, the Customs Act, and other federal statutes that involve either the Canada Revenue Agency (CRA) or the Canada Border Services Agency (CBSA).

Finally, the Immigration Prosecution Team specializes in the prosecution of offences under the Immigration and Refugee Protection Act. These offences generally concern human trafficking and offences associated with false documents (such as passports).

2. Aboriginal and Business Law Divisions

2a. Aboriginal Law Division

Counsel in the Aboriginal Law Division represent the Minister of Indian Affairs in litigation arising from the land and treaty claims of First Nations. A number of counsel also represent the Minister in claims arising from allegations of abuse in the residential school system. Apart from litigation, a number of solicitors in the section provide advice and carry out transactional work on behalf of the Minister on matters as diverse as surrenders of reserve land, the interpretation of the Indian Act, and the implementation of land settlement agreements.

Students participate in all aspects of the division’s work, including the provision of legal and factual research, the preparation of legal documents, and assistance at court. Students will also have the opportunity to represent the Minister at the Informal Assessment Process hearings which award compensation to victims of residential school abuse.

2b. Business Law Division

Counsel in the Business Law Section serve a wide variety of client departments, including Transport Canada, Public Works, Foreign Affairs, Industry Canada, National Defence and Heritage Canada.

The areas of practice are diverse, including administrative, tort, contract, constitutional, aeronautical, construction, labour and environmental law. Cases are heard before all levels of federal and provincial court in Ontario, at the Supreme Court of Canada, and before a variety of specialized tribunals. The amounts at stake in certain litigation can run in excess of $1 billion.

Advisory counsel in the Business Law Division provide opinions and day-to-day advice to the division’s clients on a broad range of corporate and commercial matters, including real estate transactions and government procurement.

3. Tax Law Services Division

The Tax Law Services Division is composed of three groups: Tax Litigation Group, the Tax Recovery Group and the Customs and Excise Group.

Most of the work of the division is performed by the Tax Litigation Group (TLG) and includes representing the CRA on appeals to the Tax Court of Canada under the Income Tax Act, the Excise Tax Act, the Employment Insurance Act, and the Canada Pension Plan (as well as appeals to the Federal Court of Appeal and the Supreme Court of Canada). Division counsel also appear on judicial review applications at the Federal Court arising from decisions of the Minister of National Revenue. TLG counsel also provide advisory services to the CRA.

The Tax Recovery Group (TRG) represents the Collections Section of CRA in Ontario. Work performed by the TRG includes the provision of legal advice, negotiation, and representation on collections remedies under the Income Tax Act, the Excise Tax Act, the Ontario Court Rules, Federal Courts Rules, private security agreements and guarantees. The TRG also appears in the Superior Court of Justice on behalf of the CRA as a creditor on various bankruptcy and insolvency issues and commercial litigation matters such as fraudulent conveyances’ applications, priority determinations, opposition to bankruptcy discharges and proceedings under the Companies Creditors’ Arrangement Act (CCAA). Further, the TRG acts on behalf of the CRA on actions against the Crown in tort and contract for malicious collection action and judicial review applications of decisions made by the Minister of National Revenue.

Customs and Excise Group (CEG) counsel represent the CBSA and CRA in claims launched under the Customs Act and Excise Act and against the Crown in tort litigation. Counsel often defend customs officers accused of Charter breaches in the course of their border search functions.

Articling students represent the CRA on "Informal Procedure" matters in the Tax Court of Canada where they conduct their own examinations and make submissions under the guidance of a supervising lawyer. Students may also assist counsel on commercial litigation files and appear on motions before the Registrar in Bankruptcy.

4. The Regulatory Law Division and the Extradition Team

4a. Regulatory Law Division

The Regulatory Law Division conducts civil litigation and some solicitor's work for a wide variety of clients including the RCMP, Health Canada, Environment Canada, CSIS, Public Safety Canada, the Correctional Service of Canada, National Parole Board, Veterans Affairs, Human Resources Development Canada, Agriculture Canada, Fisheries and Oceans and the Canadian Food Inspection Agency. The section’s many clients produce a diversity of legal issues to be addressed by counsel, including administrative law, class actions, contractual disputes, constitutional and human rights litigation, national security law, coroners’ inquests, employment insurance hearings and regulatory offence matters.

The Public Law Group of the Regulatory Law Section provides specialized litigation services with a focus on the Charter of Rights and Freedoms and other constitutional matters. The Public Law Group has litigated some of the highest profile Charter issues in Canada, including same sex marriage, medicinal marijuana and prostitution.

4b. Extradition Team

The Extradition Team handles requests from foreign states for the extradition of accused and convicted persons. The work involves obtaining arrest warrants, conducting bail hearings, responding to Charter applications, attending at committal hearings before the Superior Court of Justice and appeals at the Ontario Court of Appeal.

The team also provides assistance to foreign states pursuant to the Mutual Legal Assistance in Criminal Matters Act. This work involves obtaining search warrants, evidence gathering orders, transferring prisoners to testify in court proceedings, orders for video-link evidence and examining witnesses on behalf of the requesting state.

5. Immigration Division

The Immigration Law Section has carriage of all immigration and citizenship litigation involving its two main clients, the CBSA and Citizenship and Immigration Canada (CIC), arising in Ontario. This litigation includes responding to judicial review applications filed in the Federal Court of Canada challenging decisions made by the Immigration and Refugee Board, as well as other administrative decision-makers under the Immigration and Refugee Protection Act. Lawyers in the division oppose motions for stays of deportation of non-citizens, appear before administrative tribunals to address constitutional issues and litigate security certificate cases and civil actions in all levels of the Ontario and Federal courts, as well as the Supreme Court of Canada.

Division counsel have played an important role in many World War II citizenship revocation actions (Skomatchuk, Fast, Baumgartner, Oberlander, Tobiass, Nemsila, and Vitols), settled the first proposed class action in the Federal Court (Rasolzadeh) and defeated the first motion for certification brought under the Federal Court’s class action rules (Tihomirovs). Over the years, counsel in the section have also played key roles in the development of immigration law in Canada, including the following Supreme Court of Canada cases: Singh (1985), Chiarelli (1991), Ward (1993), Dehghani (1995), Chen (1995), Pushpanathan (1998), Baker (1999), Suresh (2002), Hilewitz and De Jong (2005), Almrei and Harkat (2007), and Khosa (2009).

The division also provides advisory services to its clients as well as extensive legal training to immigration and visa officers.

Students in the section are asked to draft affidavit material and facta, conduct research and generally assist counsel with preparation for hearing, and attend at hearings to observe and monitor proceedings.

6. Ontario Court of Justice (Criminal Division) Clerkship

In this rotation, students clerk for judges at one of Toronto’s many criminal courts. The students provide research and other assistance on a variety of matters, from complex and high-profile trials to more routine matters such as pre-trial conferences, bail hearings, and case management issues.

Legal Excellence Program - Summer Student Program

The ORO of the DOJ and the PPSC hires up to fifteen second year summer students annually. The summer program is designed to initiate students to the practice of government litigation. The students will work one project, or a series of projects, in one of the above divisions of the DOJ or at the PPSC.

The ORO hires its summer students directly. Students interested in positions at the ORO should note that the office follows the student recruitment procedures established by the Law Society of Upper Canada (and available on the LSUC website). Students will be assessed against the Ontario Regional Office Statement of Merit Criteria for summer students.

Interested students should forward their résumés, cover letters and transcripts no later than Wednesday, September 5, 2012 at 5:00 p.m. to:

Applications must be received by Wednesday, September 5, 2012 at 5:00 p.m. Your application must include a resume, cover letter and law school transcripts and coordinates for two (2) references. Applications will be assessed against a Statement of Merit Criteria. This posting is open to Persons residing in Canada and Canadian citizens residing abroad. Please note that preference will be given to Canadian citizens. Please indicate in your application the reason for which you are entitled to work in Canada: Canadian citizenship, permanent resident status or work permit.

Over the years, summer students have experienced a wide variety of work at the ORO. Here are some examples:

Public Prosecutions Service of Canada: Students worked at the Old City Hall Courthouse (the busiest criminal court in Canada) and the Superior Court of Justice to assist counsel in vetting files, performing legal research and preparing for trial. Students also conducted summary trials and guilty pleas.
Regulatory Law Division: Students worked on a national class action lawsuit (Agent Orange) and on Charter issues before the Ontario Court of Appeal and the Supreme Court of Canada.
Immigration Law Division: Students drafted responding facta on applications before the Federal Court challenging various administrative decisions under the Immigration and Refugee Protection Act, as well as drafted motion materials and assisted counsel on motions to stay deportations. Students were also invited to observe court proceedings and did research on high profile litigation.
Tax Law Services Division: Students represented the Canada Revenue Agency on "Informal Procedure" matters before the Tax Court of Canada, conducting examinations, cross examinations and making submissions. Students also provided research, managed documents and updated case law relating to various tax litigation or recovery issues under the Income Tax Act.
Extradition Team: Students assisted with legal research and writing, as well as attended hearings on several extradition matters, including the extradition of three Tamil Tigers (which involved a constitutional challenge to the terrorist provisions in the Criminal Code), a forfeiture hearing before the Court of Appeal, and the Schreiber extradition proceedings.
Business Law Division: Students assisted litigation counsel on various files. Students performed research, reviewed documents, drafted memoranda of law and other documents, attended meetings and generally assisted with preparation for discoveries and trial.
Aboriginal Law Division: Students provided a variety of litigation assistance to counsel on a number of files, most often on files that are heading for trial. Students were expected to immerse themselves in aboriginal law, while in the process learning much about the history Canada and its aboriginal peoples.

Contact Information

For additional information, please contact:

Michèle Adam, Human Resources Advisor
130 King Street West, Suite 3400, Box 36
Toronto, Ontario M5X 1K6
Tel: (416) 952-1478; Fax: (416) 973-0531
TTY: For the hearing impaired (416) 973-5354
Michele.adam@justice.gc.ca

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