The Honourable Andrew P. Mayer’s Questionnaire

Under the new judicial appointment process introduced by the Minister of Justice on October 20, 2016, any interested and qualified Canadian lawyer or judge may apply for such appointment by completing a questionnaire. The questionnaires are then used by the Judicial Advisory Committees across Canada to review candidates and submit a list of “highly recommended” and “recommended” candidates for consideration by the Minister of Justice. Candidates are advised that parts of their questionnaire could be made available to the public, with their consent, should they be appointed to the bench.

Below are Parts 5, 6, 7, and 11 of the questionnaire completed by the Honourable Andrew P. Mayer.

Questionnaire for Judicial Appointment

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PART 5 – LANGUAGE

Please note that in addition to the answers to the questions set out below you may be assessed as to your level of language proficiency.

Without further training, are you able to read and understand court materials in:

• English: Yes
• French: No

Without further training, are you able to discuss legal matters with your colleagues in: 

• English: Yes
• French: No

Without further training, are you able to converse with counsel in court in: 

• English: Yes
• French: No

Without further training, are you able to understand oral submission in court in: 

• English: Yes
• French: No

PART 6 – EDUCATION

Name of Institutions, Years Attended, Degree/Diploma and Year Obtained:

LAW SCHOOL:

• Schulich School of Law at Dalhousie University and National University of Singapore
• Attended 1996-1999
• LL.B. with a Certificate in Marine and Environmental Law granted in 1999

DIPLOMA PROGRAM:

• Pacific Marine Training Institute (now British Columbia Institute of Technology Marine Campus)
• Attended 1992-1993
• Diploma in Shipping and Marine Operations granted in 1993

UNIVERSITY:

• University of British Columbia
• Attended 1985-1992
• Bachelor of Arts (Major in Classical Studies) granted in 1992

Continuing Education:

2016

• Administrative Law Conference 2016, Continuing Legal Education Society of BC (CLE)
• Canadian Maritime Law Association, Admiralty Law Seminar, Halifax
• Aboriginal Law Conference, CLE (Pending – November 25, 2016; Participant and Presenter)

2015

• The 29-Point Check-Up for the Law Department, Canadian Corporate Counsel Association
• Canadian Transport Lawyers Association, Annual General Meeting and Educational Conference (Teaching)
• The #1 Document in Business: Balance Sheets for Lawyers, Canadian Bar Association

2014

• 16^th Reinventing the Corporate Secretary, Federated Press Inc.
• “Tsilhqot’in Nation and Recognition of Aboriginal Title at the Supreme Court of Canada: Analysis and Impact,” Pacific Business & Law Institute
• Follow-up Webinar on Aboriginal Consultation, Canadian Transportation Agency
• Canadian Maritime Law Association – West Coast Meeting

2013

• Governance Seminar, Association of Canadian Port Authorities
• Aboriginal Law Conference 2013, Continuing Legal Education Society of BC
• 5^th Northeast BC Natural Gas Summit, INSIGHT INFORMATION
• Seminar of the Canadian Maritime Law Association

2012

• CLE-TV: New Code of Professional Conduct – Part 2, Session 2, Davis LLP
• FAQs for In-House Counsel on Privilege and Confidentiality, Canadian Bar Association
• CLE-TV: New Code of Professional Conduct – Part 1, Continuing Legal Education Society of BC
• Division of Powers & Federal Roles and Responsibilities, Canadian Bar Association
• Canadian Maritime Law Association AGM Seminar, Vancouver

2011

• Federal Court and CMLA Seminar, Canadian Maritime Law Association
• Practical Guide to Key Business Agreements – Providing Measurable Strategies and Tactics to Sharpen Your Drafting Skills to Minimize Costs, Canadian Institute

2010

• Current Developments in Canadian Maritime Law, Canadian Maritime Law Association
• Prince Rupert – Ethics in Action: Practice and Community, Canadian Bar Association – BC Branch
• Practicing in the Provincial Court, Prince Rupert County Bar Association
• File Management: the Good, the Bad, the Ugly, Canadian Bar Association – BC Branch

Honours and Awards:

ACADEMIC AWARDS:

Dalhousie Law School:

• 1999 Edward C. Foley Memorial Prize
• 1998 Kerr Memorial Prize in Maritime Law

Pacific Marine Training Institute:

• 1992 National Transportation Week Essay Scholarship

PROFESSIONAL AWARDS/RECOGNITION:

• 2014 Lexpert Zenith Award Recipient for Shipping and Maritime Law
• 2013 Finalist – Western Canadian General Counsel Award for Business Achievement

PART 7 – PROFESSIONAL AND EMPLOYMENT HISTORY

Please include a chronology of work experience, starting with the most recent and showing employers’ names and dates of employment. For legal work, indicate areas of work or specialization with years and, if applicable, indicate if they have changed.

Legal Work Experience:

• 2008-present: Prince Rupert Port Authority; Vice President Commercial and Regulatory Affairs and General Counsel (see detail below)
• 2002-2008: Bernard and Partners, Barristers and Solicitors; Associate Counsel (marine and environmental law)
• 2000-2002: Campney and Murphy, Barristers and Solicitors; Associate Counsel (marine and environmental law)
• 1997-1998: Dalhousie Law School – Oceans Institute of Canada; Student Researcher (international maritime law)

MAIN PRACTICE AREAS OVERTHE LAST 8 YEARS:

• Corporate and commercial law
• Marine and environmental law
• Administrative/regulatory law
• Aboriginal law

Non-Legal Work Experience:

• 1993-1996: Container terminal and cruise operations
• 1992: Shipboard radio operator trainee
• 1989-1991: Canadian Port Authority (student positions)

Other Professional Experience:

List all bar associations, legal or judicial-related committees of which you are or have been a member, and give the titles and dates of any offices which you have held in such groups.

• 2010-present: Law Committee, Association of Canadian Port Authorities (member)
• 2006-present: Canadian Maritime Law Association (Director and Chair of the Ports and Harbours Committee)
• 2001-2008: Canadian Bar Association BC Branch – Maritime Law Section (Secretary, 2008)
• 2001-2004: South Asian Bar Association (member)
• 2000-present: Member of the Law Society of British Columbia and Canadian Bar Association

Pro Bono Activities:

• 2010-present: Law Committee, Association of Canadian Port Authorities (member)
• 2006-present: Canadian Maritime Law Association (Director and Chair of the Ports and Harbours Committee)
• 2007-2015: Director, International Sailors’ Society of Canada
• 2001-2008: Canadian Bar Association – Maritime Law Section (Secretary, 2008)

Teaching and Continuing Education:

List all legal or judicial educational organizations and activities you have been involved with (e.g. teaching course at a Law Faculty, bar association, National Judicial Institute, Canadian Institute for the Administration of Justice, etc.)

• 2016 – Panel member/presenter, “Economic Development in Every Sector: Navigating Challenges in Large Projects and Associated Regulatory Approvals,” Continuing Legal Education Society, British Columbia (pending – scheduled for November 25, 2016)
• 2015 – Presentation to Canadian Transport Lawyers Association, Annual General Meeting and Educational Conference, “Aboriginal Consultation in the Context of Energy Project Development”
• 2014 – Presentation to Inter-Pacific Bar Association on Aboriginal Law, “Duty of Consultation in the Context of LNG Terminal Development”
• 2014 – Moderated panel presentation at National Aboriginal Business Opportunities Conference on port development
• 2013 – Moderated panel presentation to Association of Canadian Port Authorities on port governance
• 2013 – Presentation to the Canada America Business Council on the US Federal Maritime Commission recommendations regarding the US Harbor Maintenance Tax
• 2012 – Presentation at National Aboriginal Business Opportunities Conference on Port of Prince Rupert accommodation agreements with First Nations
• 2007 – Presentation to Canadian Maritime Law Association (CMLA) – “Order and Grail, Ten Years Later”

Community and Civic Activities:

List all organizations of which you are a member and any offices held with dates.

• 2012-2016: Volunteer – Rupert Rapids Swim Club
• 2007-2015: International Sailors’ Society Canada – Director
  •   In 2014, as part of the “International Three Peaks Challenge,” I was part of a three-person ISS Canada team that hiked the three highest peaks in England, Scotland and Wales in a 24-hour period to raise money for seafarers’ welfare societies.
• 2013-2014: Prince Rupert Food Bank – food drive volunteer
• 1999: Vancouver Opera Society – supernumerary performer in Verdi’s Nabucco
• 1991-1993: Boy Scouts of Canada – Cub Scout leader
• 1983: World Scout Jamboree – hike master/mountain guide

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PART 11 – THE ROLE OF THE JUDICIARY IN CANADA’S LEGAL SYSTEM

The Government of Canada seeks to appoint judges with a deep understanding of the judicial role in Canada. In order to provide a more complete basis for evaluation, candidates are asked to offer their insight into broader issues concerning the judiciary and Canada's legal system. For each of the following questions, please provide answers of between 750 and 1000 words.

1. What would you regard as your most significant contribution to the law and the pursuit of justice in Canada?

• I consider my most significant contribution to law and the pursuit of justice in Canada to be my role as lead negotiator for the Prince Rupert Port Authority in successfully finalizing and then implementing a number of impact and benefits agreements with Tsimshian First Nations.

BACKGROUND:

• ·The Tsimshian people have lived, gathered, hunted and traded in the lands and waters in and around Prince Rupert Harbour on British Columbia’s northwest coast, for thousands of years. They have a common language and share many similar cultural practices and oral histories.
• In the early 1900s the City of Prince Rupert was founded and the Grand Trunk Pacific Railway completed at Prince Rupert, making the city the terminus of Canada’s second west coast rail link. When it was constructed along the shores of Kaien Island in Prince Rupert Harbour the Grand Trunk Pacific Railway was built through a number of historical Tsimshian village sites. Although many Tsimshian people had already relocated to other areas, including the Hudson’s Bay trading post at Port Simpson and some villages had been abandoned, as a result of the railway construction a number of Tsimshian people were displaced and ancient archaeological sites impacted.
• At this time the governance structure of the Tsimshian people consists of six Indian Act bands located west, north and south of Prince Rupert and inland to the east, on the Skeena River. With all of the Tsimshian bands their hereditary system plays an important role in the governance of the bands.

NEGOTIATION OF IMPACT AND BENEFITS AGREEMENTS:

• I started as Director of Legal Affairs for the Prince Rupert Port Authority in late 2008 and was promoted to Vice-President and General Counsel just over two years later in 2010. In early 2009 I was brought onto the negotiating team seeking to conclude impact and benefits agreement negotiations with five of the six Tsimshian First Nations. These negotiations arose in the context of consultations arising from a decision to provide federal funding for the conversion of Fairview Terminal from a general cargo to container terminal and as a result of the environmental assessment process for the conversion project.
• The Fairview Terminal conversion was a major project for a community that been suffering from a significant economic downturn and concluding accommodation agreements with the Tsimshian people was considered critical to the project’s success. Although the Tsimshian people had a significant role in certain industries in the region, including logging and fishing, they had not been provided an opportunity to participate in the fastest-growing sector of the Prince Rupert economy – the commercial shipping industry. As a result and understandably, the Tsimshian people demanded a greater opportunity to participate in this sector given the potential impacts from a large-scale commercial industrial project like the Fairview Terminal conversion.
• There were two judicial reviews outstanding at the time regarding the project and negotiations on the quantum and allocation of benefits between some of the Tsimshian First Nations were tense. I spent over two years working with my colleagues from the Port Authority, Transport Canada and the Department of Justice to conclude what I truly believe are the most significant accommodation agreements ever entered into by a port authority in Canada. During this time I substantially enhanced my understanding of the s.35 rights of Canada’s Indigenous persons and in particular my understanding of Tsimshian use and occupation of Prince Rupert Harbour. A great deal of time during the negotiations was spent discussing issues related to overlapping claims and seeking to negotiate an allocation of benefits between the five Tsimshian communities.
• There were a total of four agreements concluded with five Tshimshian First Nations. Two of the agreements included landmark accommodation packages with elements including substantial revenue sharing, employment and training commitments and ongoing contracting opportunities. Since the agreements were concluded in 2011 I have been one of the leads in implementing them and ensuring that the benefits and opportunities negotiated are properly rolled out.

SIGNIFICANCE:

• The Fairview Agreements settled long and difficult negotiations between Transport Canada, the Prince Rupert Port Authority and the Tsimshian people. As a result of these agreements the judicial reviews were discontinued, the Fairview Container Terminal conversion is proceeding, the terminal is growing rapidly and the community, both Aboriginal and non-Aboriginal, are benefiting significantly. I am particularly proud of the contracting provisions contained within the agreements. I believe that as a result of these provisions significant long-term benefits have been provided to the Tsimshian people.

2. How has your experience provided you with insight into the variety and diversity of Canadians and their unique perspectives?

I believe that I have significant life and work experience which provides me with insight into the unique perspectives of many Canadians.

PERSONAL BACKGROUND:

• I am an Indo-Canadian and one of six children raised by a single mother in a small community on Vancouver Island. My mother and father’s marriage was arranged. It was at times difficult being part of a visible minority in a small town. I learned to confront racism and move past it. In my view, Canada is a country which values multiculturalism and Canadians benefit from living in a country filled with people with diverse perspectives. I value my Indian heritage but I consider myself to be a proud Canadian.
• I continue to make an effort to understand different perspectives through direct experience with different cultures. This includes extensive travel in Europe, Asia and North America. For example, in 1980 I used my life savings to participate in a school trip to the Soviet Union. In 1991 my backpacking travels in Europe started with a stint working at a pub in Glasgow. In 1998 I completed my last semester of law studies at the National University of Singapore before traveling in India for several months. In 2014 and 2016 I traveled by motorcycle from Prince Rupert to Dawson City in the Yukon and along the Dempster Highway to Inuvik in the Northwest Territories.
• I have always been an active part of my community. For example, during my youth I advanced through Boy Scouts to the level of Venturer and acted as a Hike Master during the World Scout Jamboree in 1982. During my university years I volunteered as a Cub Scout leader. In recent years, I served as a Director with the International Sailors’ Society and in 2014 helped raise funds for sailors’ welfare agencies by completing the UK “Three Peaks” Challenge. Locally, I have worked on food drives for the local food bank and I currently fundraise for my children’s swim club.

WORK BACKGROUND:

• I have worked in a number of fields, which I believe has provided me with some insight into the challenges and opportunities facing many working Canadians. During university, I worked up to three jobs at a time to pay my way through school including as a restaurant manager, taxi driver and police dispatcher.
• After finishing my undergraduate degree at UBC and diploma in marine transportation at BCIT (PMTI) I worked for several years in marine terminal operations at one of Canada’s largest container terminals. This provided me with a significant and invaluable opportunity to work in a unionized, multi-ethnic environment. Longshore workers are not always the most politically correct and working with this group was sometimes challenging, but always interesting.
• While in private law practice I had the opportunity to handle a number of matters involving ships’ crew. This included acting for crew who had been charged with infractions under the Customs Act or other statutes. On several occasions I acted for crew who had been detained for an offense and were isolated from family or other support systems. These experiences provided me with some insight into the challenges faced by foreign crew with marginal proficiency in English, in navigating Canada’s legal system. This experience is part of the reason I joined the International Sailors’ [welfare] Society as a volunteer director for several years.
• One of my most significant recent experiences is working with Indigenous communities in the Prince Rupert area. Some of this experience is summarized in preceding sections. On several occasions I have had the opportunity to visit most of the Tsimshian communities and meet with and listen to community leaders and members in an effort to understand community concerns. Work on accommodation agreements always involves a significant discussion on impacts to rights and title interests which required me to develop an understanding of the historical use and occupation by the Tsimshian people of the Prince Rupert area and current social and economic issues facing community members. These experiences have given me further understanding and interest in issues affecting Canada’s Indigenous peoples.

3. Describe the appropriate role of a judge in a constitutional democracy.

• Much has been written on this subject by a number of eminent jurists and scholars, including Chief Justice of the Supreme Court of Canada, Beverley McLachlin and Supreme Court Justice Rosalie Abella, whose writings provided some inspiration for my response below. Rather than pasting together a summary of those materials I will try to add my perspective to what has already been written.
• A good starting point in this discussion is a reference to the well-known quote from Shakespeare’s Henry VI taken from a brief speech by Dick the Butcher, one of the followers of Rebel leader Jack Cade: “The first thing we do, let’s kill all the lawyers…” Part II, Act IV, Scene II, Line 73. Many readers interpret this as a negative comment regarding lawyers. Not surprisingly most lawyers and apparently many scholars interpret this to be a pro-lawyer comment, suggesting that a way to expedite Jack Cade’s rise to totalitarian control is to remove the defenders of justice in society – lawyers.
• If lawyers are defenders of justice then of course judges must be “super-defenders”. My son went through an extended superhero phase.   He would often discuss the powers of various superheroes and how they compared against those of the villains. Superheroes were always defending against something, whether it was the planet from alien super-villains or cities from evil criminal masterminds. My son would sometimes ask me why the villains were such bad people. That is, he meant, what motivated them to be bad? Of course judges are not superheroes and legislators are not alien invaders or super villains.
• Judges have a key role in Canada’s constitutional democracy. The judiciary, the executive and legislative branches together comprise the three main branches of government. Although the judiciary is part of Canada’s governance structure, judges are not politicians or government officials. Provincial and federal legislators enact laws to reflect the needs and opinions of society. The executive branch seeks to establish the institutions and systems to implement the laws passed by the legislators. Judges interpret and apply the law, which includes the common law and statute law.
• ·In our constitutional democracy judges may be required to determine whether federal or provincial laws apply to a particular case. In addition, with the enactment of the Charter, judges are required to consider and seek to protect Charter rights including Aboriginal and treaty rights and our fundamental, democratic, mobility, legal, equality, language and minority language and education rights. These determinations may arise in a number of types of cases before the courts including for example, disputes between individuals, disputes between individuals and the state and criminal matters.
• Judges have to apply the law with due consideration to precedent, the meaning of the words of the law and Charter values. To do all of these things judges need to be very knowledgeable not only about Canadian law but about Canadian society. Judges should seek to understand the context of a law’s origin and application. In addition, judges must be patient and empathetic so that litigants have the opportunity to present their case to the court in an atmosphere of respect. Finally I believe that judges must be intellectually curious and should be willing to integrate new knowledge into their decision making processes.
• It is essential that judges are able to apply the law in a neutral and independent manner. In Canada, judges are not politicians who seek through their judgments to satisfy what they consider to be the demands of society. As Justice Abella indicated in a speech at Osgoode Hall in 2000, judges are less accountable to public opinion and more to the public interest. Some have described this responsibility, in particular with respect to consideration of Charter values, as a defense against the tyranny of the majority. In my view, this respect for constitutional principles by judges is a fundamental underpinning of our democratic system. This is reflected in s.52 of the Constitution Act which of course provides that the Constitution Act is the supreme law of Canada.

4. Who is the audience for decisions rendered by the court(s) to which you are applying?

• The audience for decisions will vary with the court and the nature of the case. The audience will also depend on the nature of the decision – that is, whether it is an interlocutory or procedural ruling or a final judgment and whether the judgment is oral or in writing.

JURISDICTION:

• The British Columbia Supreme Court is a court of general and inherent jurisdiction. Accordingly, the Supreme Court can hear any type of civil or criminal case and as well hears appeals from the British Columbia Provincial Court in civil and criminal cases and appeals from arbitrations.
• The British Columbia Supreme Court is a trial-level court and accordingly is typically the first trier of the facts set out in support of a claim or defense. The Supreme Court makes different types of decisions including interlocutory or procedural orders, which may provide for example, interim relief or direct how a case will be heard and render final judgment on the issues which are the subject of a claim. Appeals are available to the BC Court of Appeal.

AUDIENCE:

• In most cases, the primary audience for a decision is the claimant and the defendant as they are the parties whose evidence is being evaluated and either accepted or rejected by the court and are the ones affected by the remedy determined to be appropriate by the court. There may not always be a defendant, such as in the case of a declaratory judgment in which a decision is sought by one party for the purpose of, for example, obtaining legal certainty on a point of law or application of a particular statute.
• Where a claim involves a claim by or against the Federal or Provincial Crown,  government is interested in the decision as it may require government to, for example, change legislation,  pay a claim, or in the case of for example judicial review, conduct further analysis or consultation. Of course the party claiming against the Crown is also the audience for a decision.
• Where a claim concerns a dispute between individuals, such as a civil claim or matrimonial matter, the claimant and respondent are the audience as again, they are usually the parties immediately affected by the decision.
• In criminal cases the audience includes government, the police, the accused, the victim and the general public. Government and police are interested as a criminal conviction may result in further sanction against the accused including jail, payment of a fine or other penalty. The accused is obviously keenly interested in a decision from the court which may result in any of these sanctions. The victim, who is not a “claimant” in a criminal trial, is interested as they will have an interest to see that the injury they suffered as a result of a criminal act has been dealt with appropriately by the court.
• Depending on the nature of a case a variety of others may be interested in a decision even where they may not be directly affected by the decision. For example, this may include third parties like businesses, whose business may be impacted by a regulatory decision or insurers whose policies may be impacted in a way that they did not anticipate requiring them to make amendments. In addition, other courts may be interested a decision as the judicial reasoning may be of assistance in evaluating claims in other jurisdictions. Of course, where a case is appealed, the appellate court will be an audience as they will be required to evaluate the soundness of a judgment. The general public, which includes the media or non-governmental organizations, may be interested in a judgment as the judgment may have an impact on social, economic, environmental or political matters elsewhere. In addition, academics may be interested in a judgment for reasons including teaching the current status of the law to their students or preparing scholarly works.
• It is worth mentioning that parties to a court proceeding will have an interest in having their evidence heard in a fair and impartial manner. They will wish to obtain a decision within a reasonable time and to see in the decision rendered that their matter was considered seriously and that an appropriate analysis of the evidence and law regarding the matter was carried out.

5. Please describe the personal qualities, professional skills and abilities, and life experience that you believe will equip you for the role of a judge.

• I have touched on some of these points in other sections of my application and refer in particular to Part I and Part II, section 2.

PERSONAL QUALITIES:

• I consider myself to be a calm, thoughtful and patient person. I am not prone to anger and do not become easily frustrated. I handle stressful situations well and work to find solutions to the problems I encounter. I believe that people should be treated fairly and with respect, regardless of their personal characteristics or economic circumstances. I am hard-working and eager to learn new things. I consider myself to be a good teammate and value input from my colleagues when addressing a problem. Although I make an effort to understand an opposing point of view, I consider myself to be a practical person and I am not afraid to make decisions. I truly believe that in order to resolve a conflict it is important to be able to put yourself in another person’s shoes.
• Further details on my personal and professional background and interests are below.

LIFE EXPERIENCES, PROFESSIONAL SK.ILLS AND ABILITIES:

• Like most Canadians, I was not raised in an atmosphere of privilege and I had to work hard to pay my way through school.
• I was one of six children raised by my mother in a small community on Vancouver Island. In 1980 at age 13 I used my life savings, earned working for the family trucking and construction business, to pay for a school trip to the Soviet Union. I funded the bulk of my undergraduate degree and subsequent diploma program by working a number of jobs including waiter, taxi driver, on-call emergency police dispatcher and with a Canadian Port Authority. I took one year off during my undergraduate program to manage a restaurant kitchen and later an additional six months to backpack through Europe, which included a stint working at a pub in Glasgow. Despite a great number of all-nighters at the police office and driving cabs in Vancouver I completed my studies undergraduate studies and post-undergrad diploma in shipping and marine operations.
• After training with the Canadian Coast Guard as a radio operator I worked in marine terminal operations at a container terminal in Vancouver for almost five years. During those five years I gained valuable life experience working in this high-stress, racially charged, unionized environment.
• While I was at law school at Dalhousie and at the National University of Singapore I had the benefit of studying and developing friendships with people from across Canada and around the world. I worked as a student researcher with the Oceans Institute of Canada for some of the finest marine and environmental law scholars in the country. I was recognized for achievement in my law studies in both my second and third years. My last semester of law school was completed in Singapore to take advantage of the opportunity to study in this major port city-state. After finishing law school I traveled in Southeast Asia and India for several months before starting law articles in Vancouver.
• I worked with one of Canada’s oldest and largest maritime law firms groups at in Vancouver. When the partners with the maritime group decided to form a new boutique firm, I was pleased to be asked to join them. I learned the value of mentorship from a group of excellent lawyers including the firm’s founding partner. My private law practice was diverse and included traditional maritime law work (collision and cargo) as well as customs and immigration, fisheries, administrative, regulatory, products liability, medical malpractice, real estate and corporate and commercial work.
• I have appeared on a number of occasions before the BC Provincial Court, BC Supreme Court and Court of Appeal and Federal Court and Federal Court of Appeal. I consider myself to be a good lawyer and believe that at all times I carried out my duty to my clients, colleagues and to the courts with skill, diligence, professionalism and integrity.
• I joined the Prince Rupert Port Authority as Director of Legal Services in 2008 and was promoted to General Counsel and VP Commercial and Regulatory Affairs in 2011. When I joined, there were a handful of projects under review within the jurisdiction of the Port Authority. At this time the Port of Prince Rupert is in a period of rapid expansion. There are now a number of projects, valued in some cases in the billions of dollars, at some stage of project review. For each of these projects, I am responsible for ensuring that the Port and project proponents carry out appropriate Aboriginal consultation, handle regulatory matters including working to resolve conflicts between provincial and federal jurisdiction and manage commercial negotiations for the Port.
• The experiences I have gained during my tenure with the Prince Rupert Port Authority have been significant. I am particularly proud of my work managing the Port’s consultation obligations to First Nations. I have been the lead negotiator for the Port on a number of intensive negotiations on Aboriginal rights and title matters and I am pleased to say that those negotiations have in all cases resulted in the conclusion of significant settlement agreements with long-term benefits to the Tsimshian people.
• In addition to my work for clients and with the Prince Rupert Port Authority, I have made a significant effort to contribute to the bar through participation in the CBA and Canadian Maritime Law Association and through publishing articles.
• In summary, I believe that I have the work ethic, temperament, experience, intellect and humility to make a valuable contribution as a judge.

6. Given the goal of ensuring that Canadians are able to look at the justices appointed to the bench and see their faces and life experience reflected there, you may, if you choose, provide information about yourself that you feel would assist in this objective.

PERSONAL BACKGROUND, INTERESTS AND ACCOMPLISHMENTS:

• To me this section concerns in part the question of whether my life experiences would allow me to empathize with those before the bench. I believe that I have that ability.
• Many of my personal and professional experiences which I consider demonstrate my understanding of Canadian society have been summarized in earlier sections.
• As mentioned earlier, I was raised by a single mother. My mother immigrated to Canada at the age of 18 after marrying my father. They had only met once, at 12 years old, before being married in New Delhi. After my parents divorced, my mother raised me and my five siblings on her own in a very loving home.
• My Indo-Canadian background has provided me with personal experience on some of the issues faced by people from non-Western European backgrounds in Canadian society. I strive to avoid generalizing about people based on their race, gender or economic background. That said, I believe that avoiding generalizations and stereotypes requires constant effort and continuing education.
• I seek to achieve balance between my personal and professional life by enjoying a strong and supportive family life and pursuing personal interests. I am a competent carpenter and builder. I am an avid hiker and camper having hiked and camped extensively in BC, Alberta, and the Yukon in Canada. Internationally, I have hiked in the US, Europe and the Himalayas.
• I think that it is important to continue to take on new challenges and to continue to learn for personal reasons and for professional development.
• My recent adventures include a 7000 km motorcycle camping trip to Dawson City in the Yukon in 2013 and a follow up 9000 km trip to Inuvik in NWT via the (gravel) Dempster Highway in the summer of 2015. In 2017 I hope to complete a motorcycle trip from Manali to Leh in Northern India, transiting through high mountain passes in the Himalayan foothills.
• Finally, as previously described, I consider that my work experience has been diverse and that this diversity of experience will be valuable to me if I am appointed to the bench.