AV俱乐部

奥丑别苍听Alex聽MacNab聽(LLB 鈥�03)聽was a student at the Schulich School of Law,聽he聽had plans聽to become a labour lawyer after he earned his degree.聽But聽a聽pivotal聽event聽that took聽place聽in聽his personal life聽nine years later聽changed his course,聽leading him to聽an unexpected vocation.

After graduation,聽MacNab聽articled at Stewart聽McKelvey聽in his hometown of St. John鈥檚. During that time聽he met his future husband, Rodrigo, who was earning a master鈥檚 degree in geology at Memorial University.聽奥丑别苍听MacNab聽finished articling,聽he聽was called to the Bar;聽a week later he was working聽in Goose Bay聽for the聽Newfoundland and Labrador聽Legal Aid Commission, where he found himself defending a man on a sexual assault charge.聽

鈥淚 had done my criminal rotation聽at Legal Aid, and I loved it,鈥� says聽MacNab. 鈥淚t was exciting travelling by helicopter or float plane聽to small communities for court. It鈥檚 very high energy, and you鈥檙e responsible for a lot.鈥澛燗fter two years聽there聽he moved to Calgary, where Rodrigo was working as a geologist, and聽landed聽a聽job at聽Alberta聽Justice聽Civil Litigation鈥揊amily Law聽representing the director of Child and Youth Services.聽There, he聽gained experience at both the Provincial Court and the Court of Queen鈥檚 Bench.聽Although聽MacNab聽recalled enjoying the family law course he took from Professor聽Rollie聽Thompson while he was in law school, he still had his sights set on labour law.

Following聽that came聽a short stint practicing family law at a Calgary firm.聽In 2006聽MacNab聽joined Moe Hannah LLP, where he聽continued聽working in聽family law; he聽became a partner in 2009,聽and聽he and Rodrigo聽got聽married.聽After聽deciding聽they wanted to have a family, they聽were introduced to the concept of surrogacy by Ellen聽Embury, who was the only lawyer practicing聽reproductive technology聽law in Alberta at the time.聽

I feel lucky聽and grateful聽to be practising in this area of law.聽Family law is mainly redefining families through separation and divorce, but fertility law is聽helping people create families.

鈥淲e met with聽Ellen聽in 2011 to talk about the process of surrogacy, and we chose to go down that road,鈥� says聽MacNab.聽In April of 2012,聽they聽adopted a聽baby聽they named聽Elena,聽who was born via a surrogate.聽鈥淭hrough that process I聽started聽working in fertility practice,聽and聽that聽practice is growing.鈥�

Today聽MacNab, 42,聽travels all over the world speaking about聽the聽Assisted Human Reproduction Act and the legal aspects of third-party reproductions in Canada.聽While surrogacy is legal in Canada, a surrogate cannot be paid.聽鈥淭he law states that she may be reimbursed reasonable out-of-pocket expenses.聽The problem is that聽the law聽doesn鈥檛 clearly define what those expenses are. If you buy your surrogate flowers or a gold necklace,聽for example,聽you could be criminally prosecuted.鈥�

Last聽December,聽MacNab聽attended聽a public round table聽discussion in Halifax that drew industry providers, donors, health care professionals, and federal government representatives, among others. The goal聽was聽to聽solicit聽the public鈥檚 opinion on proposed regulations聽to the Act聽in three areas: sperm and ova donation; what reasonable out-of-pocket regulations聽should be; and how to enforce the Act.聽鈥淭he law is changing and evolving,鈥� says聽MacNab.聽鈥淚s it changing for the better? The jury鈥檚聽still聽out.鈥澛燱hat is clear is that聽Canada believes every person deserves to have a family, whatever聽鈥渇amily鈥澛爈ooks like to them.聽

MacNab聽is happy聽that聽he didn鈥檛聽end up pursuing聽labour law,聽because聽his career path聽led him to聽his聽true聽calling.聽鈥淚 feel lucky聽and grateful聽to be practising in this area of law.聽Family law is mainly redefining families through separation and divorce, but fertility law is聽helping people create families.鈥�