The Scrivener - Fall 2021 - Volume 30 Number 2 by BC Notaries Association

Fall 2021 | Volume 30

Number 2

Published 3 Times a Year by the BC Notaries Association

30 years

Mable Elmore, Parliamentary Secretary for Seniors’ Services and Long-Term Care THEME:

Seniors

Publications Mail Agreement: 40010827

29%

OF SENIORS

I give to my community and with Vancouver Foundation, my giving lasts forever. 78 years ago, a single gift started Vancouver Foundation and that gift is still making a difference in the community today. We can help you create a fund that gives forever. Get started at vancouverfoundation.ca/create or call Calvin at 604.629.5357

To find your local community foundation visit communityfoundations.ca

Read The Scrivener online. When Reading the PDF Online https://www.bcnotaryassociation.ca/ resources/scrivener/ click on an article Downloador thepage magazine to your device number. for offline reading.

P U B L I S H E D BY T H E B C N OTA R I E S A S S O C I AT I O N

CEO, BC NOTARIES ASSOCIATION

BC Notaries Your Trusted Source for Noncontentious Legal Services for British Columbians of All Ages

Welcome to Our Fall Issue!

Marie-Noël Campbell

Seniors Share Their Stories

Housing for Seniors

Jessie Sutherland

Daniel Boisvert KEYNOTE

Seniors First BC

RECOVERING FROM CON ARTISTS

THEME: Seniors I Miss Your Faces and Your Smiles

Sara Neely & Natasha Benn

Chad Rintoul

PRESIDENT, BC NOTARIES ASSOCIATION

Lives and Legacies

Alison Silgardo

CAMERON’S STORY

Val Wilson

A Home With the Right Supports

Financial U-Turn For Seniors

What Constitutes a Senior?

Isabela Zabava Peter Dolezal

Margaret Rankin BINGO!

How a Simple Game Helped Shape Canadian Communities like Victoria, as Seen through the Life of a Resident of Glengarry Long-term Care

Showing Up for Local Seniors

What’s in a Name?

Two Seniors at 92 Years of Age

Current Lifestyles

No Socks Please!

The Name Game

How I Became a Senior and What I Have Learned So Far

Ageing Positively

Sherry Baker

Marylee Stephenson

Supporting Families on the Dementia Journey 22

Satisfied Senior

Supporting People Living with Dementia to Participate in Decision-Making

Lori McLeod

Barb Doughty Kate Manvell Chuck Carter

COVER STORY

How The BC Government is Assisting Seniors in Our Province

Mable Elmore

BC Notaries Work to Ensure Will Instructions are Clear and Complete

Brenda Jones

Seniors and the Elder Options

Nigel Atkin

On the Passage of Time Filip de Sagher

It’s Not Right

Adele Blair

Joyce Helweg

Paul Avery

Roy Cammack

Generational Love

Marylee Stephenson

Jessica Fehrenbacher & Krista James

Personal Reflections of an Uncommon Year 27

Wonderful Help for Seniors

Hilary Beard

El Fedewich

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Brenda Southam

BC Notaries Association

Volume 30, Number 2, Fall 2021

NOTARY CLASS OF 2021 INSTALLATION CEREMONY

New Notaries 2021

Congratulations to the Award Winners

Quang Duong

The Honourable Chief Justice Hinkson

Published by the BC Notaries Association Editor-in-Chief Val Wilson

VALEDICTORIAN SPEECH

Virtual Congratulations, Cohort 12, 2021! Geneva O’Connell

PROFILE OF A BC NOTARY

Showcasing the Winner of the Prestigious Dr. Bernard W. Hoeter Award

Upcoming BCNA Education

Robyn Friesen

BCNA CEO

Chad Rintoul

Administrative Coordinator

Olivia Kuyvenhoven

Courier Lightspeed Courier & Logistics Photographer Wildman Photography Production

fractal design inc. (fractal.ca)

The Scrivener

email:

scrivener@bcnotaryassociation.ca

website: www.bcnotaryassociation.ca THE NOTARY FOUNDATION OF BC

Johanne Blenkin Board Appointment

THE MiX ORIGINAL RECIPIE

Our Family’s Favourite Cookie Susan Mercer

WILLS & ESTATES

Racism and Discrimination in Estates Trevor Todd

THE APOSTILLE CONVENTION

Special Commission Meeting, October 2021

57 72

All rights reserved. Contents may not be reprinted or reproduced without written permission from the publisher. This journal is a forum for discussion, not a medium of official pronouncement. The BC Notaries Association does not, in any sense, endorse or accept responsibility for opinions expressed by contributors.

Peter Zablud, AM, RFD PEOPLE

25-Year-Club, Obituaries

The Scrivener: What’s in a Name? “A professional penman, a copyist, a scribe . . . a Notary.” Thus the Oxford English Dictionary describes a scrivener, the craftsman charged with ensuring that the written affairs of others flow smoothly, seamlessly, and accurately. Where a scrivener must record the files accurately, it’s the Notary whose Seal is bond. We chose The Scrivener as the name of our magazine to celebrate the Notary’s role in drafting, communicating, authenticating, and getting the facts straight. We strive to publish articles about points of law and the Notary profession for the education and enjoyment of our members, our allied professionals in business, and the public in British Columbia. Volume 30, Number 2, Fall 2021

Send photographs to scrivener@bcnotaryassociation.ca .

The Scrivener | www.bcnotaryassociation.ca

CANADA POST: PUBLICATIONS MAIL AGREEMENT No. 40010827 Postage Paid at Vancouver, BC RETURN UNDELIVERABLE CANADIAN ADDRESSES TO CIRCULATION DEPT. BC NOTARIES ASSOCIATION SUITE 201, 2453 BEACON AVENUE SIDNEY, BRITISH COLUMBIA V8L 1X7 WWW.BCNOTARYASSOCIATION.CA

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BC Notaries

Tracey Scott Photography

CEO, BC NOTARIES ASSOCIATION

YOUR TRUSTED SOURCE FOR NONCONTENTIOUS LEGAL SERVICES FOR BRITISH COLUMBIANS OF ALL AGES

he British Columbia Notaries Association (BCNA) is pleased to recognize Seniors in this edition of The Scrivener. Every day, Notaries carry out trusted legal services on behalf of seniors in British Columbia; we value and appreciate that demographic. The BCNA has been a proud sponsor of the “Breakfast to Remember” event by the Alzheimer Society of B.C. We also partner with the provincial government to raise awareness of the importance of having a Will. Make-a-Will Week was recognized this year from October 3 to 9. Notaries are available to help British Columbians with many personal planning documents. • O ngoing surveys conducted since 2014 show that only about half the adults in BC have a legal Will. In 2014, a Mustel Group omnibus telephone poll of 502 adults in BC reported that 55% of British Columbia adults have a current and legal Will. Six years later, in 2020, an online Ipsos survey (commissioned by BCNA) of 801 BC residents showed that only 50% of adults have an up-to-date legal Will. It appears that homeowners and parents of dependent children are starting to act on the awareness created by Make-a-Will Week. • D ata collected by Ipsos for the BC Notaries Association last year shows an increase in homeowners having a current Will—64% versus 57% in 2018; 49% of parents of children 18

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or younger have a Will, up from 34% in 2018. Still, less than half of families with dependent children have a Will in place. Those deficiencies in personal planning create risk for many British Columbians, their families, and ultimately for the Courts who may have to settle disputes related to estates. That is one reason the BCNA continues to advocate for an expanded scope of practice for Notaries in BC, so the professional Notary you trust can create a testamentary trust and life estate when preparing your Will, and provide advice in preparing and filing probate documents in the Court’s registry. Providing British Columbians a choice when it comes to the provision of noncontentious legal services is a fair path forward—and long overdue. At the BCNA Virtual AGM September 25, members were updated on that and other advocacy initiatives and were introduced to the Association’s new partnership with Dye & Durham, the parent company of DoProcess that owns ProSuite and E-Conveyance. A strategic priority of the BCNA was to strengthen our financial stability; the new relationship with Dye & Durham helps fulfill that goal, while closely aligning our practitioners to a valued service provider and partner. We envision even more collaboration among the parties as DoProcess works toward the introduction of “Unity” to the BC market, a fully integrated practicemanagement platform that will help conveyancers streamline their workflow to be more efficient. BC Notaries Association

Chad Rintoul

The Association is also pleased to announce we are optimistic that we will be able to safely return to an in-person Conference in 2022. Subject to public health regulations and British Columbia reaching Step 4 of the Restart Plan, the BCNA will hold our annual Conference at the Sheraton Wall Centre in Vancouver on February 25, 26, and 27, 2022. The event will include 10 Continuing Education Credits for Notaries and an exhibition for our sponsors and partners to re-engage with BCNA members. We will of course closely monitor and implement public health recommendations to ensure the event is made as safe as possible for fully vaccinated attendees. While the Annual Conference will not be a hybrid event, the BCNA is committed to continue hosting virtual Continuing Education credit opportunities for Notaries on an ongoing basis. This has clearly been a difficult time for all of us. Throughout the pandemic, Notaries have risen to the challenge of meeting unprecedented demand in providing conveyancing services and increased public awareness of the importance of personal planning instruments such as Wills and Advance Directives. Now more than ever, BC Notaries are a trusted source for noncontentious legal services for British Columbians of all ages. s Volume 30, Number 2, Fall 2021

PRESIDENT, BC NOTARIES ASSOCIATION

I Miss Your Faces and Your Smiles Daniel Boisvert

he focus of this issue of The Scrivener is on Seniors. I was so pleased to see this topic come up—especially in retrospect of the past 18 months. We have all witnessed the devastating effects of what a powerful virus can do to our seniors . . . not just the lives it took but the effects of the necessary safety protocols. Many of our seniors were cut off from family and friends for more than a year. We must do our part to ensure that type of isolation does not happen again. Our seniors need those close contacts. BC Notaries work directly with seniors every single day. Before COVID, I often made weekly trips into various long-term care facilities to assist seniors to complete various personal-planning legal documents and forms. I love dealing with seniors—and here are a few reasons why. Seniors tend to sign and keep important documents in a file folder since the day they received them. I can’t tell you the number of times where I have researched a property title and found something that could be fixed if the homeowner had the original document from 20+ years ago. The funny thing is, many Volume 30, Number 2, Fall 2021

Seniors tend to sign and keep important documents in a file folder since the day they received them.

• Seniors need to appoint a person to help manage their financial affairs . . . Notaries advise and prepare a Power of Attorney. • Seniors need to help with their future health and their personal care . . . Notaries advise and prepare a Representation Agreement or an Advance Health Care Directive.

seniors hold on to those docs. I have been able to solve many property-title problems because my senior clients have brought me exactly what I needed to solve the situation.

• Seniors want to be sure their estate will properly disperse to their loved ones when the time comes . . . Notaries advise and prepare a Last Will and Testament.

Seniors have great life experience and are always eager to share. I have heard so many stories of the things previous generations lived through. They survived wars, food shortages, pandemics, and even economic collapses. They have shared those experiences with me . . . thus enriching my life and giving me perspective in understanding how lucky my generation is!

• The list goes on.

Seniors are so appreciative of the assistance that I, as a BC Notary Public, provide them. Seniors really look to my profession to provide sound legal advice they can understand. This generation is looking for planning assistance with their day-to-day lives; Notaries Public provide that advice and the legal documentation that goes with the advice.

We must continue to do our part to protect and keep seniors safe— to beat back this virus and end this pandemic. Our seniors are counting on us.

The Scrivener | www.bcnotaryassociation.ca

As we move through Fall, we must continue to take the precautions that have kept us safe from COVID-19. Get double-vaccinated, if you have not already, and prepare yourself for the likely reality that a third shot will be coming our way soon. The virus is very real; we must follow the guidance of our Public Health officials to protect ourselves and our loved ones.

I look forward to the day I can return to seeing many of my senior clients in their homes, their longterm care facilities, and in my office without having to wear masks. I miss their faces and their smiles. s TABLE OF CONTENTS

www.wildmanphotography.com

KEYNOTE

Welcome to Our Fall Issue! Val Wilson Editor-in-Chief

his photo was taken at the opening of the 2021 Make-a-Will Week, held annually in October by the BC Government with the support of the BC Notaries. The goal is to encourage our citizens to make a Will or update the one they already have in place. Please see the article by Brenda Jones on page 14.

Sadly, we have recently lost 5 Notaries whose obituaries are on pages 77 and 78. Those special people enriched our lives . . . we will miss them for a very long time.

photo: Mark Jiles

The theme of our Fall issue includes educational articles and charming pieces by, about, and for BC Seniors. It is interesting that many writers suggest changing “seniors” to a more amenable term.

L: Notary Foundation Chair David Watts, Attorny General David Eby, BCNA President Daniel Boisvert

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BC Notaries Association

Chuck Carter graduated from the Royal Military College, Kingston, Ontario, in 1952. Commissioned as an Army Lieutenant in the Corps of Royal Canadian Engineers and posted to the Engineer Field Squadron serving in Korea, from 1952 to 1953 Chuck carried out military engineer tasks at two front positions, the Hook and Hill 187; he was awarded the Military Cross for his distinguished and meritorious service. At 92 years young, Chuck loves to walk and garden . . . and laughs often. When asked how he is, he replies, “Great, Always!” His positive attitude and physical health are inspiring. Enjoy his article on page 46. s Volume 30, Number 2, Fall 2021

COVER STORY

How The BC Government is Assisting Seniors in Our Province

eople in BC may wonder when they can officially be considered a “senior” and start to be eligible for seniors’ benefits through private organizations or government services. There is no legislation or law in British Columbia that determines when a person becomes a senior. Some shops, restaurants, and entertainment businesses start offering discounts to people when they turn 50, 55, 60, or 65—whatever age they’ve independently determined as the requirement for their seniors’ rates. Canada and BC both provide several supports to older adults with different age requirements. For example, Seniors’ Supportive Housing through BC Housing is available to those age 55 and up, but BC Ferries’ rates for seniors apply to those 65 and older. The Federal Government’s Canada Pension Plan (CPP) can be accessed by people when they are at least 60 years old, while the Old Age Security Pension is available to people at least 65. BC’s provincial top-up to the Old Age Security Pension, the Senior’s Supplement, is available to low-income residents who are 65 years of age or older. Ultimately, people can decide for themselves when they want to start collecting those seniors’ benefits once they meet the requirement! • In 2021, the BC population age 65+ just exceeds 1 million people, representing 20% of the province’s total population. Within that group, 53% were female and 47% were male. By 2041, the population age 65+ is expected to rise to 25% of the province’s total population. Volume 30, Number 2, Fall 2021

Mable Elmore, Parliamentary Secretary for Seniors’ Services and Long-Term Care.

• The increase in the size of the population age 65 and over is substantially greater in BC than for Canada as a whole. The BC population age 65 and over has become increasingly comprised of women. The higher proportion of women is due to the longer life expectancy of females. Overall, BC seniors have lower mortality rates than Canadian seniors as a whole. • As of 2016, Indigenous Peoples—First Nations, Métis, and Inuit—accounted for 2.6% of BC.’s population age 65 and over, despite accounting for 5.9% of the total population. The underrepresentation of Indigenous Peoples in this age cohort is partially the result of lower life expectancy at birth for Indigenous Peoples, compared to other BC residents. Positive net migration—more seniors moving to BC from other provinces and international locations—would also be a factor here. Our government remains focused on keeping people safe, protecting our seniors who are most vulnerable to serious illness from COVID-19 and minimizing the risk of transmission of COVID-19 in long-term care homes and seniors’ assisted-living residences. Overall, we remain committed to helping BC’s growing number of older adults live independently for as long as possible, as well as promoting active, healthy lifestyles that improve health outcomes and providing the best level of care to people who need it. We’ve invested approximately $1 billion over the last 3 years to improve care for seniors, including investments in primary care, mental health, home health, long-term care, assisted living, and respite services.

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Seniors in BC have many options when it comes to choosing where to live their fullest lives through their golden years. Our government recognizes that Elders play an important role in Indigenous families and communities, acting as leaders, knowledge-keepers, and traditional healers. We are working in partnership with the First Nations Health Authority to embed cultural safety in seniors’ care policy and service delivery, including in areas of home and community care, longterm care, medical assistance in dying (MAiD), and palliative care. We are also working in partnership with the First Nations Health Authority to reduce gaps in care by enhancing the full continuum of health and social care in communities with a focus on long-term care and assisted living. The Premier has asked the Minister of Health and me, as Parliamentary Secretary for Seniors’ Services and Long-Term Care, to work together on a number of key issues over the next few years. In addition to keeping people safe through the COVID-19 pandemic and preparing for future pandemics, we are focused on enhancing the public healthcare system so that older adults and the people who care for them will benefit from better supports. Some of the ways we’re working to make the healthcare system work even better are • improving and expanding publicly funded home care to provide better care and help with daily living so that people can stay in their own homes for as long as is safely possible;

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• providing workers in long-term care and assisted-living facilities with better wages, benefits, and working conditions to stabilize the workforce and contribute to the quality of care that residents receive; • hiring up to 7000 new healthcare workers in longterm care and assisted living to provide quality care for seniors; • building more public care homes with new public beds to keep seniors safer, healthier, and more comfortable in our care; • giving seniors more dignity by adding more single-bed rooms in long-term care facilities owned by the health authorities; and • holding private operators more accountable to the public funds they receive, which helps to improve the standard of care for seniors.

BC Housing offers a range of housing support programs, as well as affordable and subsidized housing for senior renters. One of the innovative strategies we have put in place is the Health Career Access Program (HCAP) that provides a fully funded work/ education program to increase the number of registered Health Care Assistants in BC. The program provides an opportunity to receive a wage while completing fully funded postsecondary education preparing for a Health Care Assistant role in our long-term care and assisted-living homes in BC. Seniors in BC have many options when it comes to choosing where to live their fullest lives through their golden years. Some may choose to live on their own BC Notaries Association

in their own homes and their familiar communities. We call that “ageing in place.” As we get older, the things we need to help us live comfortably can change; seniors might consider making modifications to their home such as installing handrails, a shower seat, or exterior ramps. Some seniors might consider downsizing . . . finding a new home that is more accessible with fewer stairs or closer to the places they frequent or transportation services, meal preparation, and assistance with transportation to appointments. For seniors who want to live at home but need extra assistance with their daily living because of health concerns, support is available for home and community care through both publicly subsidized and private providers. Seniors can receive help with activities of daily living, such as mobility, bathing and dressing, nutrition, and lifts and transfers. There is also help available for nonmedical home support services like transportation, light housekeeping, and friendly visiting through the provincially funded “Better at Home” program. There are seniors who might want to live independently but need some help with paying the rent. BC Housing offers a range of housing support programs, as well as affordable and subsidized housing for senior renters. There might come a point when our older loved ones can no longer manage their health conditions or specific care needs safely in their own home, even with community supports. That is where assisted living residences and long-term care facilities are a great option. Those seniors might choose to move into a new home where they’ll be provided with a range of services from personal care to 24-hour professional nursing care and supervision. Volume 30, Number 2, Fall 2021

Further, people in assistedliving residences, including supportive-recovery homes, have access to more care options and added protection as amendments to the Community Care and Assisted Living Act came into force. Effective December 1, 2019, those changes and new regulations will give seniors, people living with disabilities, and community-care clients, as well as people living in supportive recovery homes, the flexibility to stay in their community, while ensuring they get the quality of care they need. Whether you own or rent your home or live in a supported or assisted-living environment, there are programs to help with your housing needs. The pandemic has been incredibly difficult for seniors and elders living in British Columbia. I understand that older adults who

Whether you own or rent your home or live in a supported or assisted living environment, there are programs to help with your housing needs. are currently living at home have been subject to isolation, loneliness, and other situations issues. People living in long-term care have been hit particularly hard. Many have experienced loneliness because loved ones were unable to visit. Like many other provinces, seniors in long-term care homes contracted COVID-19 and, tragically, many have lost their lives. We continue to grieve with the families and other loved ones who have lost those dear to them—and we offer our sincere condolences.

We are proud of the commitment of our long-term care-home staff and the long hours, hard work, and care provided in the most challenging days of a pandemic. With advice from BC’s Provincial Health Officer Dr. Bonnie Henry, our government took a number of steps to help seniors through the pandemic by minimizing the risk of introduction and transmission of the virus in long-term care facilities. We quickly updated infection prevention and control guidance focused on COVID-19 for staff, and established guidelines for social and essential visitors in our long-term care residences. By April 1, 2021, we were able to ease the visitation rules in longterm care so that those residents and their loved ones could start spending more time together safely. We implemented the “Single-Site Order” in April 2020 that ensured most professional and support staff

Helping affluent families protect and grow their financial wealth. DIXONMITCHELL.COM

Volume 30, Number 2, Fall 2021

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in long-term care, assisted living, and other health care facilities worked at a single location to reduce each worker’s number of contacts. The pandemic has reminded us of the need for investments to keep seniors safe and connected to their communities. Our government has invested nearly $1.6 billion through the early days of the pandemic and continues to provide financial support to help strengthen our response and keep seniors everywhere safer and more connected. That includes • $44.1 million to provide education for approximately 3000 new healthcare assistants through the Health Careers Access Program; • $122 million for long-term care and assisted-living facilities to hire full-time equivalent staff dedicated to support safe visitation, including administration and scheduling visits, and ensuring infectionprevention control measures for COVID-19 are followed; • $10 million for BC Care Providers Association to expand the EquipCare program, supporting long-term care and assisted-living operators (public and private) with infection-prevention control and infrastructure enhancements; • $1 million for the Family Caregivers of British Columbia to support caregivers and seniors; and • $50 million for the United Way of the Lower Mainland to improve seniors’ access to local supports provincewide during the pandemic, including Better at Home.

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We funded the expansion of the BC211 information and referral service that matches seniors with volunteers who can help with basic needs such as grocery shopping. Another request from the Premier in his letter to the Minister of Health and me was to work with the Minister of Public Safety and Solicitor General, community groups, and the BC Seniors Advocate to develop a Silver Alert system that would help assist first responders in locating missing seniors, particularly those with dementia and Alzheimer’s disease.

The pandemic has reminded us of the need for investments to keep seniors safe and connected to their communities. The safe and speedy recovery of seniors who suffer from cognitive disabilities and go missing is very important. As with any missingpersons case, we’re always looking for innovative ways to improve and broaden our search mechanisms. We continue to consult with key stakeholders on this issue as we want to ensure this made-inBC system is responsive to the concerns of all those who are involved and affected by those search efforts. Certainly, some seniors can be impacted by mental health challenges and the COVID-19 pandemic has contributed to that. While self-isolation can keep seniors safe from COVID-19 transmission, it can create or contribute to feelings of loneliness, depression, and/or anxiety. Social distancing does not have to mean social isolation; many seniors were able to find new ways to connect with their family and friends through virtual tools. Our government quickly implemented BC Notaries Association

and expanded virtual mental health supports for adults, and as I just noted we funded the expansion of the BC211 service that helps connect seniors with people in their community who could provide them with a helping hand or a friendly chat. Beyond that, we recommend seniors speak to their care providers when they’re feeling depressed or experiencing low moods or anxiety so they can be connected to other programs that will support better mental health. For example, our government offers a free program that involves telephone coaching in a series of self-help modules, called “BounceBack,” that can be accessed by seniors with or without a doctor’s referral. Our government recognizes the demand for mental health supports and services for every age. In Budget 2021, we invested $500 million—the largest mental health investment in BC history to better connect people to culturally safe and effective care. We will continue to make improvements to the supports that are available for seniors. Government definitely agrees that preparing for the unexpected is important for families and seniors. The Attorney General made legislative changes in 2020 that made it even easier to make a Will by allowing technology to be better utilized and recognized when it comes to those important documents. The BC Government launched Make-a-Will Week in October 2020 to encourage people to get a Will or update their old one. Make-a-Will Week 2021 was October 3 to 9. Our BC Seniors’ Guide contains valuable information on the topic of Wills, to help educate British Columbians on why having a Will is advantageous. BC Notaries support government in promoting the usefulness of having a Will. Volume 30, Number 2, Fall 2021

The BC Government, in partnership with health authorities, supports advance care planning, an approach that is about considering, communicating, and documenting wishes regarding future healthcare treatment. It’s about having conversations with family, friends, and healthcare providers so they know the healthcare treatment you would agree to, or refuse, if you became incapable of expressing your own decisions.

Further, the British Columbia Government is investing $231 million to build more than 1100 new affordable homes for Indigenous residents in communities across the province. The first set of homes, selected through a new Indigenous housing fund, include nearly 780 off-reserve homes and close to 370 homes on-reserve, making the province the first to invest in on-reserve housing.

I have mentioned many of the living options seniors are considering these days. Certainly, some are wanting The provincial website provides information about to live independently for as long as they can. Our • creating an Advance Health government supports that and is Care Plan, and committed to providing the kinds of services and benefits that allow • links to Health Authority There are a variety of British Columbians to do so, with websites that have additional programs across government their health and safety in mind. materials that will help seniors and their families with this important topic.

that help people get a little further ahead.

When our government was first elected in 2017, our first and most urgent priority was making life more affordable for British Columbians. One of the greatest expenses we have—and one of the greatest challenges in BC—is housing. Our government launched Building BC and is investing $6.6 billion through partnerships to deliver 114,000 affordable homes over the next 10 years. Another program is Shelter Aid for Elderly Renters— SAFER—that provides monthly cash payments to eligible BC residents who are over 60-yearsold, to help them pay their rent. There are a variety of programs across government that help people get a little further ahead.

Seniors who are considering remaining at home may want to get to know their options for home and community care that can support them to remain independent for as long as possible. The programs are offered through the health authorities. Depending on where you live, you’ll want to reach out to your local Home and Community Care Office to find out what will work best for you. I encourage older adults, or people who know and care for them, to get a copy the BC Seniors’ Guide—digital or in print.

The Seniors’ Supplement, as I mentioned earlier, is a provincial top-up to the Old Age Security pension for low-income seniors. Our government restored the seniors’ rate on BC Ferries; that means older adults can travel free or at reduced cost most days of the year. Low-income seniors can also get a reduced-cost bus pass. Those are just a few of the supports available to make life a little more affordable for BC’s older adults. Volume 30, Number 2, Fall 2021

Seniors might need to make changes to their homes to stay there; the government through BC Housing can assist those considered to have low- or moderate-income through the Home Adaptations for Independence rebate. The BC Seniors’ Home Renovation Tax Credit also assists people with the cost of permanent home renovations.

It is a comprehensive tool that covers many of the topics I have addressed and the topics that impact seniors, such as health, housing, and transportation. It can help individuals and families plan for healthy ageing and to get to know what benefits are out there. Please take a look at it—www.gov.bc.ca/seniorsguide. s Mable Elmore is Parliamentary Secretary for Seniors’ Services and Long-Term Care.

The Scrivener | www.bcnotaryassociation.ca

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SENIORS

BC Notaries Work to Ensure Will Instructions are Clear and Complete

hile BC Notaries are well aware of the dire consequences of not having a Will or of having an unclear, poorly prepared Do-It-Yourself Will, surveys show that approximately half the adult population in British Columbia does not have a Will.

• In 2020, an online Ipsos survey of 801 BC residents showed only 50% of adults have an up-todate legal Will. The survey was commissioned by the BC Notaries Association to align with the Province of BC’s annual “Make-a-Will Week” that encouraged the many British Columbians who don’t have a current Will to prepare one—and families to discuss the topic and future planning. This year “Make-a-Will Week” was October 3 to 9. BC Notaries joined the Province in conveying that a well-considered legal Will provides peace of mind for the individuals preparing it, as well as for the family and friends left to execute their wishes. When a BC Notary works with clients to prepare a Will, a pivotal conversation takes place to ensure the Will-preparer has • considered the entirety of the estate, and • unambiguously bequeathed the assets to the beneficiaries. Those conversations are guided by years of experience in the drawing of Wills, said Daniel Boisvert, a Notary in Delta and President of the BC Notaries Association.

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“Unclear instructions in a Will can bring into question the person’s intentions and wishes. That ambiguity can result in conflict, with people challenging the Will in Court, and greatly extends the probate period,” said Boisvert. “By meeting with a Notary or other legal professional, we can guide you through the steps, ask questions you might not have considered, and ensure your directions to your executor are clear.” Homeowners and parents of dependent children are beginning to act on that message. • Data collected by Ipsos for BC Notaries Association last year shows an increase in homeowners having a current Will . . . 64% versus 57% in 2018, and 49% of parents of children 18 or younger have a Will, up from 34% in 2018. Still, less than half the families with dependent children have a Will in place. If the Public Guardian and Trustee is brought in to administer the estate, the Province may decide on the future of dependent children and the assets. When interviewing a client, Notaries often ask clients to bring in old Wills or Will notes they have prepared. When clients have a DIY Will, it is not uncommon for a Notary to identify key issues in those documents, such as forgetting to name a spouse as an executor or primary beneficiary or neglecting to name a beneficiary or beneficiaries for the residue of the estate. If overlooked, those key components may have detrimental effects on the ability of an executor to carry out the BC Notaries Association

Brenda Jones

Will-maker’s wishes accurately and completely. Having a professionally drafted Will has the additional benefit of giving third parties—such as banks, other financial institutions, and even the Courts—greater confidence the Will-maker was properly evaluated for competency and capacity at the Will-drafting. That confidence will often make it easier for executors later, when working with those third parties to execute the Will-maker’s wishes. The start of COVID-19 last year served as a wake-up call for a lot of people who had put off making a Will. Notaries received a significant increase in calls about preparing Wills. • Data from the 2020 Ipsos survey found 27% of people who did not have a Will were more likely to have a Will prepared in the next year due to COVID-19. That figure increased to 37% for parents of children 18 or younger and to 38% for people age 55 or older. BC Notaries continue to urge people to have a Will prepared. “If we learned anything from the COVID-19 pandemic, it’s that we don’t know what tomorrow holds,” said Kristy Martin, a Notary in Langford. “Don’t wait until a crisis hits because it can be too late.” s Brenda Jones, MA, BA, APR, is a communications professional based in Victoria, BC. Volume 30, Number 2, Fall 2021

SENIORS

Seniors and the Elder Options

here has been a recurring thought that it might be time to consider retiring the concept of “senior” as we refer to those of us who are now assured that we are not going to die young. The common definitions of senior connote either “a person older” or one who is “higher in rank than someone else.” Demographically, Statistics Canada, in an archived report from nearly 20 years ago, titled “A Portrait of Seniors in Canada,” notes “There are already ongoing debates about the definition of ‘senior.’” Maybe time’s up. According to the Oxford Canadian Dictionary, a senior citizen is “an elderly person, especially a person over 65.” An “elder” is, according to the same reference source, “rather old, past middle age.” As we have experienced in many cultures and countries, even in Canada, life expectancy helps define “old” and aspects of inherited genes, a person’s wealth and privilege—financial security, access to good education, quality physical and mental health and dental services . . . aspects of those and other privileges can determine how quickly we can age. Volume 30, Number 2, Fall 2021

Nigel Atkin

Perhaps that is due to how quickly the technological rate of change makes their learned-life experience redundant to children and youth of another era.

Falsely Stereotyping? In the realistic variables of defining an aging population, there are many issues with stereotyping a growing mass of ageing individuals as just seniors.

In an age of “Me Too, Time’s Up, Black and Indigenous Lives Matter,” etc., when white male dominance and colonialism require drastic individual and mass behavioural change and when climate-change reality lets all of us know we do not hold dominion over the Earth, holding, expecting, or demanding “rank” is passé . . . done like dinner. As well, in many cultures, older people are held in higher esteem. Generally in Canada, I don’t note that cultural trait. What seems hypocritical in the concept of considering seniors as higher in rank than the general more youthful population is the reality of how quickly an ageing population in Canada is not respected for its knowledge, wisdom, and life experience.

From marketing perspectives, there are cases to be made for the sliding scale of being older— discounts for shopping days at grocery and drug stores to pension plans and old age security. While in college a few years ago, I made a case for both a separate student and a senior discount at a local gym where I briefly became a member.

That often culminates in masses of seniors being warehoused, relegated to lonely lives of consuming a plethora of drugs and endless entertainment until the end.

Another more timely reason for retiring the concept of “seniors” is that of being the defining of “senior” as “higher in rank than others.” Simultaneously, that concept can seem both elite and hypocritical, depending on our perspective.

Some of my more cynical friends contend systemic corporate interests treat the elderly as a commodity to extract their final wealth in similar ways that “profits” are made from overfishing schools of fish or from a clear-cut forest.

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Perhaps that is due to how quickly the technological rate of change makes their learned-life experience redundant to children and youth of another era.

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Seeking a Career as a British Columbia Notary Public?

The evidence is in the initial first wave of the COVID-19 pandemic when our military traumatically witnessed many hundreds of dead in eastern for-profit “care” homes. In those situations, the rank of senior does not seem to rate respect or reverence. Evolving concepts regarding how we define older people are not something that can easily be imposed on society . . . it just happens as cultures evolve. The Gift of Purpose Modifying language, thus further stereotyping aging, might not be as effective in rebranding the status of elders in society—or ourselves.

There are business opportunities for Notaries in various communities throughout British Columbia.

Some of the Requisites for Becoming a BC Notary • Undergrad degree with a CGPA not less than 3.0 • Interest in the practice of law • Strong entrepreneurial spirit • Strong communication and people skills • Dedication to community and serving the public • High degree of honesty and integrity

For more information, please contact The Society of Notaries Public of BC 1-800-663-0343 or visit our website, www.snpbc.ca.

BC NOTARIES ARE RESPECTED IN THEIR COMMUNITIES.

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I note from one of my many mentors that in times of great change, as these are now, the most important thing to change is your mind. In talking to older people in their 90s—as I think science is now confirming—it seems that having “purpose” is part of the solution to having a good, long life. When people have a higher purpose, they take care of themselves physically, embrace life-long learning, manage their emotions effectively, and live in a way that maintains their spirit to carry on and move forward. In Canada and elsewhere in the world, I have witnessed many Indigenous friends who have suffered the oppression of colonialism, the tyranny of dictatorship, genocide, insufferable propaganda to silence their culture, and human desire for self-determination.

Those holding the cultural core, the important responsibility that is passed from one generation to the next and beyond, are the “elders.” They are the ones in Métis, Inuit, and First Nations communities who know the history, the connections and names of their people, the wealth and firm attachment to the land, the traditional teachings, the ceremonies, a host of medicines, and healing and life practices. In the ideal, elders form the evolving nucleus of governance, weigh current issues with experience, and measure their decisions with the wisdom of the ages. They are the ones to turn to when personal or global turmoil erupts. They are community resources living within the community with the community’s well-being first of mind—purpose. Shunting the aged off to warehoused “care” is isolating the wisdom between and of generations. Living with purpose starts at an early age, often as learned from elders. At an early age, young people are guided into many aspects of community service, as speakers for and within their communities—in art to produce cultural gifts to mark ceremonial occasions—in providing meat, fish, and the bounty of growth in fields, forests, and seas. Tragically, some of the practices as passed down by the elders were crushed by the cultural genocidal policies imposed by the Canadian residential school system and other now-abhorrent practices.

Weathering Occupation

There has been, and there still is, irreparable damage done to the continuity of Indigenous teachings passed down through time.

In weathering occupation, the commonalities of “purpose” are to survive as individuals, families, and communities, and in this country, as First Nations.

But, in this regard there is also hope. In many Indigenous communities today, the youth, notably young women, are eagerly preparing, learning the vital

BC Notaries Association

Volume 30, Number 2, Fall 2021

threads of culture, carrying tradition, in ceremony and art, and are well on the way to becoming future valuable “elders.” As well, many of us realize we inhabit a dominant society bereft of sound sustainable environmental practices, that corporate greed is the true hallmark of wasteful consumption, that much of our governance is only imagery— supporting incessant greed and waste.

It is never too late to gain purpose, until destiny ends your journey. As Buddhism teaches: Do not waste your life. How best can I live my last day? To whom do I want to speak, what do I read or write, what do I want to eat, see, or study? How do I best enjoy the moment that is right now?

Living Life

The best of us have always lived that way, gathering and sharing knowledge and experience, carrying forward the banners of ancestors, the best values—liberty, humility, grace, the history of our families, many professional and life practices, good teachings mirrored in our actions every day.

Some of us are getting to the age where we realistically understand the concept of living life as if this is your last day on earth.

Not all of us are seniors or elders, just getting older. With purpose front-of-mind, we can attain both that revered rank and elder status to the

We can learn with purpose to make things better for those that follow. We can learn from other cultures, at home and abroad, to live and learn more, to become an elder in all that term implies.

betterment of our self-esteem and for cultural standing in our communities and respective nations. It’s never too late to write a letter, become active in protest and change, to make phone calls, to speak up to youthful eager ears looking for direction in these troubled times. History, yours, can help guide young people. Many crave learning the crafts that might die with someone like you; many would appreciate the tools handed down, the talent you can encourage. It is never too late to gain purpose, until destiny ends your journey. As Buddhism teaches: Do not waste your life. s Nigel Atkin, teaches the Evolution of Public Relations course online at UVic. He offers onsite communication workshops to leverage human capital and exploit the multiplier effect of becoming better communicators.

Not all roads are equal. 92% of women in prison are there for minor crimes. Poverty, mental health and substance use can lead down a dangerous road with few choices. We believe that road should lead to help, not prison. Lack of income, unstable housing, education level and even whether you were a victim of child abuse are all considerations in the decision to incarcerate. We’re calling for change in BC. Add your voice at PathwaysNotPrisons.ca.

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On the Passage of Time Filip de Sagher

ur Notary profession deals with end-oflife documents; the sometimes emotional conversations frequently lead to a trusted relationship with the client. As time goes by, we stay in touch and accompany the client through life’s challenges to keep those documents up-to-date. Lately I find myself contemplating life’s journey more than the final moment and I blame the mirror for that. The daily reflection staring back at me reveals details that were not there before. The ageing process is picking up speed. Many books, poems, songs, and movies have reflected on this—growing old, the shortness of life, regrets and memories, changes and adjustments . . . While young, we rightfully do not question the remaining years, busy as we are then, living our lives. But there comes a time . . . The sudden realization that time passes is well expressed in the song, Time, by Pink Floyd from their album Dark Side of The Moon. That monumental record addresses conflict, mental health, and death but deals in Time specifically, with the rather abrupt awareness of having missed the starting gun to run, trying to catch up with the sinking sun: “You are young and life is long, and there is time to kill today. And then one day you find 10 years have got behind you…”

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It is one thing, however, to wake up one day and recognize your mortality. What we conclude from this Eureka-moment is something entirely different. Reactions cover the whole spectrum and go to the core of what it means to be human: How do you presently handle the past behind you and the future in front of you? One could go looking for the famous Fountain of Youth in an effort to wipe away the years. According to legend, some magic potion in waters located in a mythical land will reverse the effect of ageing and cure any illness. The 16th century Spanish explorer Juan Ponce de Leon was apparently looking for it when he discovered Florida. Today still, that American state is home to many youthful people. The Roman poet Horace advises us in his collection of poems, “the Odes,” not to put too much faith in tomorrow. Just “seize the day” (in Latin, carpe diem) and “now is the time to drink” (nunc bibendum est). After all, says the American writer Mark Twain, “age is an issue of mind over matter. If you don’t mind, it doesn’t matter.” In other words, age is just a number. Get on with the job of living!” The Roman stoic philosopher Seneca saw it differently. In his essay “On the shortness of life,” he reflected on the limited time we have on earth and concluded that life is not too short if we live it purposefully instead of frivolously. We waste too much time, our most precious resource, on unimportant matters and he urges us to free ourselves from all distractions.

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Sage counsel, indeed, but how should we deal with the wasted time behind us? It is a very human trait to regularly look back and dwell on regrets, on things that could have been. In the classic movie, On the Waterfront, Marlon Brando’s character cries, “I could’a been a contender”—full of regret after a botched job. And whose heart does not bleed when Sam plays it again in Rick’s Café in the other classic Casablanca. As Time Goes By is the song that reminds two former lovers of good times that will never return. Others look ahead, considering the years remaining and trying to adjust to the changes they see happening around them as they grow older. In one of my favourite novels, The Leopard, by Giuseppe Tomasi di Lampedusa, an aristocratic family in Sicily tries to understand and to adapt to the social upheaval happening in their country in the late 19th century. As one of the major characters in the story tells the old Prince, the patriarch of the family, “If we want everything to stay as it is, everything has to change.” But old habits die hard and the Prince dies with faded memories of a time that was. Maybe the mirror is just pointing out a fact of life that does not require much speculating. Maybe we only get better with age, like a good bottle of wine? Maybe our memory fades on purpose so we stop counting the years? Maybe we are getting older in years but we have the choice not to get old in mind? Maybe the wrinkles we see are from laughing, not from crying? Maybe I should just toss the mirror? s Filip de Sagher is a BC Notary practising at Deprez & Associates in Vancouver. Volume 30, Number 2, Fall 2021

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It’s Not Right! Sherry Baker

To date, 81 CRNs support 233 BC communities. There are 17 regional mentors on contract who help bring together the communities within their region, to help them understand

ave you ever been uncomfortable seeing something happening in the grocery store—to a friend, neighbour, client, family member, or stranger—and thinking it is just not right!?

• what abuse is, • what it looks like, and • what resources are available to them to address abuse, neglect, and self-neglect.

• Could your gut feeling indicate some form of abuse, neglect, or self-neglect?

The BC CRN does not provide any direct services to clients.

• Do you turn the other way and move on . . . believing it is private and not your concern? • How do you feel about intervening? • Can we learn safe and effective ways to recognize the signs of abuse and to take appropriate measures to end it? For most of our history in Canada, the issue of abuse, neglect, and self-neglect has been kept secret and private. The BC Association of Community Response Networks (BC CRN) has been working since the late 1980s to raise awareness by working with communities to help them take responsibility for their vulnerable adults— in a safe way.

In the Act it is recognized that a coordinated community response to abuse and neglect is important. The Act also sets out the Designated Responders who must investigate reports of abuse and neglect when they are brought to their attention, especially when there are concerns about the mental capacity of the adult. The Designated Responders are the five Health Regions in the Lower Mainland, Providence Health, and Community Living BC. Details are available on the PGT and BC CRN websites.

The Association worked with the Public Guardian and Trustee of BC (PGT) in drafting a new Adult Guardianship Act that was proclaimed in 2000.

Since 2012, the BC CRN has been funded by the Ministry of Health to support the formation of Community Response Networks (CRNs) throughout the province.

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BC Notaries Association

To be effectively addressed, the complex issues of abuse and neglect require the experience and concern of many people and organizations. CRN members can be anyone in the community concerned about adult abuse, neglect, and self-neglect, including designated agencies, police, community organizations serving specific groups, faith communities, financial institutions, advocacy organizations, and concerned citizens. A “Decision Tree” on www.bccrns.ca assists everyone in determining who can help.

In the Act it is recognized that a coordinated community response to abuse and neglect is important.

Volume 30, Number 2, Fall 2021

Mentors help to recruit and provide support to each CRN Coordinator to ensure the community designs its own response. Along with the mentorship, the BC CRN provides • print materials, • an interactive website, • grants for local projects, • centralized data-gathering and information-sharing (E-Connector newsletter and monthly Learning Events), • the “It’s Not Right— Neighbours, Friends, and Families,” and • Gatekeepers workshops.

Our vision is “To help build safe communities where all adults are valued, respected, and free from abuse and neglect.”

Ultimately, with the increase in awareness, we hope to prevent abuse, neglect, and self-neglect. Indeed, the BC CRN is in the 10th year of a developmental evaluation; the results indicate the awareness is growing throughout the province. I suspect many BC Notaries are aware of, belong to, and/or participate in their local CRN. It is very important to know where to go for support when you suspect you are seeing abuse—or the potential for abuse. One of the most common forms of abuse is the misuse of Powers of Attorney. We are also in the process of working with professional associations to customize our workshops, now that they can be delivered virtually. The content is made relevant to a profession’s Volume 30, Number 2, Fall 2021

experience and requirements. Workshops can be used to provide credit toward professional continuing education requirements. Please contact programs@bccrns.ca to discuss this opportunity further. The World Health Organization (WHO) states that 1-in-6 adults worldwide has been abused in the last year. That is a startling number, especially when we know anecdotally that abuse is grossly underreported. It also tells us that abuse knows no cultural or ethnic boundaries. In BC, CRNs support some Chinese, South Asian, Francophone, Indigenous, and LGBTQ2 communities. We are working diligently to understand and support the elimination of ageism, racism, and the effects of colonization in everything we do as an organization. We have materials printed in many languages and will be increasing that inventory in the coming year. The BC CRN is an incorporated charitable not-for-profit society, governed by a Board of Directors. • Our vision is “To help build safe communities where all adults are valued, respected, and free from abuse and neglect.” • Our mission is “To work together, locally and provincially, to empower communities and individuals through coordination and relationship-building to stop adult abuse.” s Sherry Baker, MA, Applied Behavioral Science in Organizational Development, Diploma in Business Administration, is a long-time community advocate. Executive Director of the BC CRN since July 2010, Sherry is passionate about helping older adults stay safely independent and in their own homes for as long as possible. The Scrivener | www.bcnotaryassociation.ca

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Supporting Families on the Dementia Journey

ccording to a recent survey by Insights West, two-thirds of British Columbians have personally known someone living with dementia. The circumstances of the COVID-19 pandemic—coupled with extreme heat and fires throughout so much of the province this past Summer—have posed challenges to all of us but they have taken an extra toll on people affected by dementia—they have experienced isolation and uncertainty, as well as a loss of many services. In many cases, those conditions can contribute even more to cognitive decline. This difficult time has reinforced the Alzheimer Society of B.C.’s commitment to building a world where people living with dementia and their caregivers are supported, welcomed, and included—a dementia-friendly province.

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Receiving a diagnosis of dementia is life-changing. Providing information and support to people living with the disease and their caregivers and family members helps them understand the diagnosis and equips them cope with the changes to come. Education helps people be as prepared as possible and it gives them a better understanding of what to expect. The Society is committed to ensuring that people affected by dementia are not alone—they have the confidence and skills to live the best life possible. First Link® dementia support is the Alzheimer Society of B.C.’s suite of programs and services designed to help people affected by dementia. First Link® is available throughout the progression of the disease, from diagnosis (or before) to end-of-life care. Since the beginning of the pandemic, we have adapted our programming to virtual format. BC Notaries Association

First Link® dementia support includes the following. • Individual support: Ongoing support calls to help understand dementia, identify changing needs, and plan for the future • Dementia education: Sessions on a variety of topics throughout the progression of the disease, including weekly webinars, live or recorded in our archive • Virtual support groups: Information and discussion groups, available by phone or online, for people in the early stages of dementia and for caregivers • Minds in Motion® online: A social and fitness program for people in the early stages of dementia to attend with a care partner. • Information: Access to brochures, fact sheets, videos, and newsletters including updates on local events Volume 30, Number 2, Fall 2021

People concerned about dementia or who have received a diagnosis can connect with the Society and First Link® by requesting a referral from their health-care provider or by calling the First Link® Dementia Helpline (1-800-936-6033). Whether individuals receive a referral or call the Helpline, they are connected with a Support and Education Coordinator who can recommend programs or services that will address their needs, including culturally specific supports for South Asian and Chinese communities. We will also provide information about other community and healthcare services as necessary.

The Alzheimer Society of B.C. is also here to support you. We provide resources on how people who work with people living with dementia— including supporting them in financial and legal planning—can approach their work in a dementia-friendly way. We also encourage you to call the First Link® Dementia Helpline if you have questions on what to do when advising families when dementia is a consideration. • English: 1-800-936-6033 (Monday to Friday, 9 am to 8 pm) • Cantonese or Mandarin: 1-833-674-5007 (Monday to Friday, 9 am to 4 pm)

When the Society connects with • Punjabi: 1-833-674-5003 a family after they’ve received a (Monday to Friday, 9 am to 4 pm) diagnosis, one of the first things we No one living with dementia talk to them about is the value should have to face the disease of planning for the future. Because of the realities on their own. of the disease, All of us have advance a role to play planning is in ensuring they imperative for People concerned about can maintain families; often the best dementia or who have received they have to quality-of-life a diagnosis can connect with plan before possible as they’ve really the Society and First Link® they navigate accepted their by requesting a referral the challenges situation or from their health-care of the disease. they’ve pushed provider or by calling the off planning The Notary until they reach Foundation of First Link® Dementia a crisis. By BC has been Helpline (1-800-936-6033). planning early, steadfastly people living committed with dementia to supporting can make the Alzheimer their wishes Society of B.C. known while they’re still able to through legal education; we hope you communicate. will share that commitment in your Financial and legal professionals own work. play a unique role in this work. By If you’d like to learn more about learning about the disease and how dementia and how you can support to support people living with it, families on the journey, visit you can help families have a better experience of the journey. www.alzheimerbc.org. s Volume 30, Number 2, Fall 2021

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Spring 2121 The Education of BC Notaries

As usual, the cover and the production values of the Spring issue of The Scrivener are to your usual highest standard. The whole edition offered great coverage of the MA ALS Program, its students, faculty, and the role of The Society of Notaries. Many thanks for the opportunity to write. I enjoyed the challenge. John Whatley, Associate Member of the SFU School of Criminology & Dept. of English (retired), currently instructs the Writing Guidelines seminars for MA ALS and occasionally teaches courses in English at SFU and Langara College.

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Supporting People Living with Dementia to Participate in Decision-Making

ver 500,000 Canadians and about 1-in-4 seniors age 85+ live with a diagnosis of dementia. Family members and professionals may not recognize the ability of a person living with dementia to direct their own life choices. The Canadian Centre for Elder Law (CCEL) is collaborating with people living with dementia, their care partners, and key stakeholders to address barriers to participating in decision-making. In 2021 and 2022, we are consulting with people to identify barriers and strategies. The ultimate goal of this work is to create resources for teaching healthcare stakeholders how to support people living with dementia to participate as much as possible in decisions that impact their lives. What We are Hearing from People For the past 3 months, the CCEL has facilitated conversations with people living with dementia and their care partners. Participants, whose names were changed in this article due to confidentiality, emphasized the importance of being included in all decisions. Scott voiced, “I don’t want to just be a rubber stamp on decisions.” These individuals told us that it

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Jessica Fehrenbacher

matters for them to be involved in decisions such as healthcare decisions, finances, personal and financial planning, everyday decisions, living arrangements, personal care, and funeral arrangements. Participants shared with us the barriers they face to being involved with decisions including difficulty in navigating the system, attitudes of healthcare professionals, and lack of communication. In navigating the system, individuals often did not know where to find information and checklists to make future decisions.

Many people living with dementia are capable of making their own decisions, particularly if they have support from people they trust. People living with dementia can be looked over and not consulted. Jean shared, “I found that a common issue with medical staff . . . just talking over [the patient] was a huge problem. I really felt I had to redirect the conversation to pull my mother back in.” People living with dementia and care partners also wished they had talked about BC Notaries Association

Krista James

future decisions while they were still able to do so. To address those barriers, participants shared the importance of having someone they trust help make decisions. The desire for a professional to advise them of timely information related to decision-making came up many times. Participants also wished that professionals would respect their personhood by taking enough time, seeing the person behind the disease, and treating them with dignity. They said professionals need to respect the rights of people living with dementia to be involved in decisions. Professionals can help by ensuring access to timely information about personal planning and pursuing training on dementia and decision-making. In the words of Alice, “We need folks to understand our diagnosis and to ask all the questions they want.” The Legal Context The law in British Columbia says that all adults are presumed to be capable of decision-making. People are not capable if unable to understand the information relevant to a decision and how it applies to their situation. Many people living with dementia are capable of making their own decisions, particularly if they have support Volume 30, Number 2, Fall 2021

from people they trust. Others can participate in the decision-making process even if they have appointed someone to make decisions for them. The right to make our own healthcare decisions is protected by multiple levels of legislation. The Supreme Court of Canada has determined that the Canadian Charter of Rights and Freedoms protects the right to informed consent. That right is also codified in British Columbia’s Health Care (Consent) and Care Facility (Admission) Act (the Health Care Consent Act), and recognized in international laws, such as the United Nations Convention on the Rights of Persons with Disabilities. British Columbia also has robust legislation that supports advance planning and imposes responsibilities on people who have the authority to make decisions for others.

WELCOME ABOARD!

1. The Right to Assistance with Communication The experience of dementia can meet legal definitions of disability. People with disabilities have a right to assistance with communication. In BC that right is supported by the Human Rights Code and the Health Care Consent Act. The Human Rights Code prohibits discrimination against people with disabilities and requires accommodation of barriers linked to disability. Accommodation means not only building ramps and other mechanisms of physical accessibility but also providing assistance with communication. BC’s Health Care Consent Act (section 8) also imposes an obligation on healthcare providers to communicate with people “in a manner appropriate to the adult’s skills and abilities.” That language means healthcare professionals need to adapt their ways of communicating to suit the needs of a person with disabilities. That provision will sometimes require including in the discussion someone who knows the person with a disability well and understands the individual’s unique communication methods. Question for BC Notaries to consider: How can you adapt the way you communicate to be more dementia-friendly? 2. The Right to Support with Decision-making Many people with disabilities who cannot make decisions independently can make some or all of their own healthcare decisions if they have support with decision-making from a person they trust. Other people with disabilities may make better decisions for themselves when they have support. In BC, the Representation Agreement Act allows people to appoint a supportive decision-maker for healthcare through a document called a Representation Agreement. (You can also appoint a substitute decisionmaker for healthcare.) Volume 30, Number 2, Fall 2021

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Supportive decision-makers “support” a person to • understand the issues involved in a decision; • understand the consequences of a decision; • access the appropriate assistance or information to help them make a decision; or • express their views, acting as interpreter where required. People with disabilities are entitled to communicate with their supporters when healthcare decision-making is required. The supportive decision-maker can help them demonstrate capacity for decision-making and assist with decision-making. uestion for BC Notaries to consider: Q How can you work effectively with supportive decision-makers without allowing them to take over the process? 3. The Duty to Consult Certainly, some people cannot make their own decisions—even with support. In such instances, healthcare staff and others must seek consent to treatment from a substitute decision-maker. In BC, a substitute healthcare decisionmaker could be a guardian, a representative, or a temporary substitute decision-maker chosen under the Health Care Consent Act. Healthcare decision-makers cannot make substitute decisions in a vacuum. They have legal obligations to communicate with the person they represent. For example • A temporary substitute decision-maker for healthcare is required to consult with the adult to the extent possible, consider the adult’s wishes, and comply with them if reasonable. If a temporary substitute will not fulfil those duties, then the healthcare provider cannot

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accept substitute consent from the adult and must choose the next person in the list under section 16 of the Health Care Consent Act (section 19). • A representative must consult with the adult and follow the adult’s wishes to the extent that is reasonable. If the adult is not capable, the representative must make decisions based on preexpressed wishes of the adult. If the adult has no pre-expressed wishes, the representative must act based on the adult’s known beliefs. If the beliefs are not known, the representative must act in the adult’s best interest (subsections 16, 18). Most of us consult with people we trust to make the best decisions we can for ourselves. We talk about our concerns with family and close friends. We seek additional expert opinions. For many people with disabilities, however, the support of trusted allies is not just helpful—it may be integral to exercising legally protected decision-making rights. Question for BC Notaries to consider: How can you help representatives and other substitute decisionmakers to understand their legal responsibilities? How can you Support Respect for the Decision-Making Rights of People Living with Dementia? 1. BC Notaries are critical gatekeepers of information on decision-making rights and advance planning. Notaries can refer folks to reliable information, such as CCEL’s animated videos and brochures on supported decisionmaking and healthcare rights. Other great sources of information are the Alzheimer’s Society of B.C., Nidus Personal Planning Resource Centre and Registry, and the Public Guardian and Trustee. BC Notaries Association

2. Notaries can be key allies in supporting people to identify how they can live their best lives across the dementia journey, and develop resources to articulate their needs and wishes. Many people learn about Representation Agreements through their BC Notary. 3. Notaries can role-model strategies for including people living with dementia in conversations about their needs and wishes. The client meeting can be an excellent opportunity to teach by example. 4. Some strategies • Communicate using clear and simple jargon-free language. • Speak lowly and clearly. • Allow time for questions. • Take breaks or re-schedule when a person living with dementia seems tired or overwhelmed. • Remember who the client is and get instructions from the person living with dementia—not the potential beneficiary, testator, or representative. You can access all CCEL resources and learn more about the CCEL project on “Engaging People Living with Dementia in DecisionMaking” on the CCEL website www.bcli.org/ccel. The CCEL is continuing to work to identify strategies and tools for supporting people living with dementia to assert their decisionmaking autonomy. s Contact Jess Fehrenbacher at jfehrenbacher@bcli.org to participate in the CCEL project. Jessica Fehrenbacher is the Outreach Coordinator for CCEL’s “Engaging People Living with Dementia in DecisionMaking” Project. She has her Master’s degree in Social Work from UBC. Krista James is the National Director of the Canadian Centre for Elder Law and a Staff Lawyer with the BC Law Institute. Volume 30, Number 2, Fall 2021

SENIORS

Personal Reflections of an Uncommon Year Hilary Beard

s a gift planner, I have seen that the changing faces of the last year-anda-half open up opportunities for frequent surveys of our own emotional landscape, as well as our donors’ fields of joy or sadness or frankly, boredom and impatience. Like all professionals who speak with donors or clients, I have seen a broad range of responses. Many seniors have become philosophical about restricted social activities, while others have embraced some form of digital connection with family and friends. Recently, a donor in her 80s who remained on a Caribbean island for months had a unique experience where beach life supported good spirits throughout and kept the pandemic at bay. Overall, seniors appear to be conscious of their physical space and respectful of provincial medical leadership by putting advice into practice. How similar that is to the World War II years where protecting the common good took precedence. “Lights out!” when the bombers were flying over? “I understand and obey”—simple, no debate.

Volume 30, Number 2, Fall 2021

Similarly, decades later, discussing common topics such as “where shall I place my assets one day” and “whom shall I trust to do the job” can be simple when the fundamentals are clearly understood. Some estate experiences reveal some seniors don’t realize the importance of the selection of an executor. Executors the same age as the testator may not wish to take on that laborious role in their senior years. Relatives who have different values or an inability to manage funds with integrity likewise place other beneficiaries in the unwanted position of asking questions or seeking legal help to maintain their interest in the legacy the testator wished for them. Seniors benefit from frank conversations with gift planners who can be unbiased as the donor unpacks thoughts around family dynamics. Most experienced gift planners can identify issues and point their donors to advisors for advice and correct documentation. When one particular estate was held up by well-meaning friends, the copious notes taken by a BC Notary on several visits over a long period were worth their weight in gold. The senior donor had a friend indeed! Phone calls with mature-age donors also have taken on fresh meaning. The years of wisdom our seniors curate in their oft-frailer The Scrivener | www.bcnotaryassociation.ca

bodies provide rich context to why legacy conversations can be so intimate—they are, after all, expressing their values. Listening, appreciating their journey, and sensitively sharing about the hospital worksite are positive ways to honour our donors’ genuine interest in our cause. Recently I had the exceptional privilege of visiting my first centenarian in person. I was so excited, and so was she! Our slower-paced conversation covered the years of her involvement with several hospitals globally, and sadness for the cancers that took both her husband and son. Yet, as her reflection of the past 100 years drew in so much, her concern for sick children led her to reiterate her firm instruction on what her legacy was intended to support. Her goodness is recorded so her heart will live on. As 2022 is touted as the magical year we will all be able to meet and greet freely, conversation leans to how the remainder of 2021 will pan out. That is not a bad thing as we humans do best by taking time to look around ourselves, caring for others more, and seeing where we need help or can grow through circumstances we did not see coming. s Hilary Beard is a Director at BC Children’s Hospital Foundation. TABLE OF CONTENTS

SENIORS

Lives and Legacies Sara Neely

rom generation to generation, we pass along heirlooms—objects that have been in our family for years. Each one is an expression of what was valued by those who enjoyed the piece of art, silver, jewellery, special collection, or memento of an occasion. We share our wisdom and our family values as they too pass from parent to child to grandchild. That is our family legacy. In our estate planning, we also leave a financial legacy. Family always comes first. Legacy giving aligns the value of your assets— what you have and need during your lifetime and what you will leave in your estate—with the values that are meaningful to you . . . supporting the causes and concerns in the community that reflect what is important to you and your family. As you think about your own legacy, here are some snapshots of those who have lived a full life and left remarkable legacies that reflect their personal values and experiences.

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From an early age, John was taught by his mother about the importance of learning a trade. After a 5-year apprenticeship, John he worked as a pastry chef in Holland. On immigrating to Victoria with his life partner, John started work as a pot-washer, then worked as a pastry chef. He later pursued his passion for antiques and collecting and, together with his partner, opened a successful antique shop in the heart of Victoria. His partner’s mother encouraged a love of music. Through his estate gift, John created scholarships for classical and jazz students and for those pursuing a career in the trades. Both were valued by him and he wanted to help ensure others had the same opportunities as he and his partner had to pursue their own passions. Bel was a dedicated and passionate community activist. Her interests in communitydevelopment

Bel

BC Notaries Association

Natasha Benn

and seniors resulted in her involvement with many organizations working for the betterment of community. Her professional life included work as a psychiatric social worker in New York, Colorado, and later in San Francisco. On a visit to Seattle and a quick trip over to see Victoria, Bel and her husband Frank joined many others who decided that this community would be an ideal place to retire. Not one to let retirement slow her down, Bel quickly became immersed in local endeavours as a strong advocate for services for seniors. In her “spare time,” she enthusiastically supported the arts community in Greater Victoria. Bel cared deeply, lived fully, and provided an inspirational example of what the generosity of spirit truly means. Her legacy gift continues to support the chosen community she loved. Vic was made an honourary citizen of Victoria in recognition of his contribution to the teaching of yachting navigation and safety at sea. While these experiences shaped his life, it was the health of his sister and wife that shaped much of his philanthropy. Vic was the executor of his sister’s estate. He was happy to see her legacy gift supported a program that tests Volume 30, Number 2, Fall 2021

for metabolic disorders using the blood from the tiny pin-prick in the heel of every baby born in BC. While the high-tech nature of the program was beyond Vic’s understanding, he knew the tests made a tremendous difference to families in BC—and might have helped his sister who suffered from paralysis and loss of speech from the age of 12 due to red measles, a disease now prevented through vaccination. With the advice of his accountant and later his lawyer, Vic continued to support the program and tests for more disorders were added. About 10 years after his first gift, he died at the age of 99 leaving over a million dollars to the program and other gifts to charities serving children and seniors. At the time of his death in 2020, Rudi was one of the last 200 Allied Prisoners of War who survived the atomic bomb that devastated Nagasaki, Japan in 1945, when Rudi and The Honourable Judith Guichon, 29th he was being Lieutenant Governor held as a of British Columbia prisoner of war at the young age of 18. Serving with the Dutch Armed Forces, Rudi made it out alive and immigrated to Canada with $50 in his pocket. He met the love of his life Sylvia and he started to heal from the painful and devastating experience he endured in Japan. Together they enjoyed a remarkable life; Rudi showed an equally remarkable bright spirit and positive outlook. His gratitude for the value of life and the generosity shown to him shone through his lifelong generosity to his community, with a focus on care Volume 30, Number 2, Fall 2021

and services for veterans, hospice care, and children’s health. Even more than the money he gave, Rudi was engaged with the causes and the people they served. He was an inspiration to those he met and took great joy in his encounters with them. Helen grew up in France where hats were always a fashion statement and a good conversation starter. After the passing of her husband, Helen Helen decided she wanted to have a collection of hats. One by one, Helen’s colourful and unique collection grew to over 200. The hats adorned her bedroom walls like beautiful pieces of art. When Helen moved into independent living, she always wore a hat to meals in the shared dining room. She would invite other female residents to wear one of her hats on special occasions; she even hosted a fashion show during a Valentine’s Day luncheon where 30 lady residents wore one of her hats as they paraded among the other residents. Nearing the end of her life, Helen contemplated what she would do with her treasured collection. Her husband had died at hospice and Helen always remembered the compassionate care he had received. After Helen’s passing, her collection of hats was donated to hospice under the direction that the hats would be auctioned off to raise money to support hospice care. In his 100th year, Tommy left a legacy of wisdom, humour, community engagement,

and a love for the arts. A teacher of social studies, history, and drama to over 6000 students, he described himself as “a people person, a ham actor. Everywhere there was drama, I was in it.” When he was in Grade 10, he knew he wanted to be a teacher. After graduating from UBC, Tommy began a career that evolved into a lifetime of giving—of both his knowledge and his financial assets. Tommy’s passion for the arts continues with support for orchestras, opera, museums, and scholarships for fine-art students. Through gifts to his church, his compassion for those around him continues to be felt. Making a gift to a charity in a Will is the most common way of continuing to support the causes that have had meaning in our lives. A gift may be a specific sum of money, a particular asset, or a portion of the estate. A codicil may also be added to an existing Will to make a gift. When we are thinking about estate planning, we want to ensure that our heirlooms and any inheritance are passed on to children and other family. Many of us also want to leave a legacy to the community where we live, learn, work, and play. To find out more, talk with your local BC Notary or other advisors and your favourite charities. For those wondering about what to do with your treasured heirlooms, check with your local community foundation or charity for options to donate goods for those in need in your region. s Sara Neely is the Director of Philanthropic Services at the Victoria Foundation.

Tommy

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Natasha Benn is the Manager of Philanthropic Services. TABLE OF CONTENTS

SENIORS

Seniors First BC Marie-Noël Campbell

he past 18 months have been particularly difficult for older adults, who constitute both the fastest-growing segment of the population

and the single-largest group affected by the COVID-19 pandemic. The recently released 2020–2021 Annual Report of the Office of the Seniors Advocate describes how seniors have been disproportionately affected by increased isolation, higher costs of necessities, reduced access to family doctors, limited home care, and rising housing costs. Seniors First BC, a charitable organization dedicated to empowering older adults to live with dignity, offers a wide range of services to seniors and those who care about them to help them navigate through these challenging times. Seniors Abuse and Information Line (SAIL) • Provides a safe place to talk to a trained intakeworker about older adults’ needs and abuse or mistreatment, and to receive information and support about issues that impact the older adults’ health and well-being. • SAIL workers have answered over 5300 calls in the 2020–2021 fiscal year and another 2700 in the following 4 months (to July 2021). Since the beginning of the pandemic, calls related to emotional and psychological abuse have increased by nearly 60%. • The SAIL team has expanded to respond to the increased demand for services. If a caller discloses living in an abusive situation, the SAIL worker will provide nonjudgmental emotional support, develop a safety plan, and offer appropriate referrals. • Interpretation services are available on weekdays.

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• Prompted by evolving circumstances, SAIL workers regularly adapt to older adults’ needs. During the heat wave, they helped locate cooling centres. When vaccines against COVID-19 became available, assistance was provided to those who sought help with the booking of the vaccines. SAIL workers currently guide callers on the procedure to access the new vaccine cards.

To reach SAIL Lower Mainland: . . . . . . . 604-437-1940 Toll-Free: . . . . . . . . . . . . . 1-866-437-1940 Monday to Friday: . . . . . . 8 am to 8 pm Weekends: . . . . . . . . . . . . 10 am to 5:30 pm

except statutory holidays

Victim Services Program • Assists victims of abuse age 50+ who require more sustained emotional support and follow-ups to ensure their safety and well-being. • The Victim Services worker can provide information about the criminal justice system and, whenever appropriate and desired, facilitate contacts with police and the Crown. Public Education and Outreach Program • Delivers workshops on Elder Abuse prevention to the general public and, upon request, to groups. • Workshop content: Bullying in communal settings, Powers of Attorney, and Joint Bank Accounts; Frauds and Scams; Responding to the Opioid Crisis, and soon—digital literacy. • Publishes an online monthly newsletter that raises awareness on current issues and offers tips for seniors. For example, upon receiving a message claiming to be from Service Canada—the service that assists people with programs such

BC Notaries Association

Volume 30, Number 2, Fall 2021

Seniors First BC, a charitable organization dedicated to empowering older adults to live with dignity, offers a wide range of services to seniors and those who care about them to help them navigate through these challenging times.

BUSINESS TO BUSINESS

Margot R. Rutherford* Notary Public A Member of The Society of Notaries Public of British Columbia

as Employment Insurance, Federal benefits, Veterans Affairs, Passport applications, and so on—you can verify whether the communication is legitimate. Dial 1-800-O-Canada (1-800 622-6232) and ask if they have tried to reach you.

*Denotes Professional Notarial Corporation

981 Fitzgerald Avenue Courtenay, BC V9N 2R6

Tel: 250 338-6251 Fax: 250 338-5337 email: rutherfordmargot@shaw.ca

• Registration for the newsletter and the presentations is always free on the Seniors First BC website. • Requests for workshops can be sent to outreach@seniorsfirstbc.ca

Alexander Ning Notary Corporation

Legal Advocacy Program • Assists seniors with legal issues that affect their income security or their housing, such as applications for federal benefits, pensions, negotiations of small debts, and tenancy issues.

Alex Ning Notary Public, Mediator, Immigration & Refugee Counsel

Suite 230, 8911 Beckwith Road Richmond, BC Canada V6X 1V4 Email: alex@annc.ca Fax: 604 270-4751 Direct: 604 270-8155 Telephone: 604 270-8384

Elder Law Clinic • Serves eligible seniors who cannot receive legal assistance privately or through Legal Aid. • Provides legal information, general advice, representation, trial preparation, and the drafting of advance planning documents—Wills, Powers of Attorney, and Representation Agreements. Legal professionals also routinely advocate for better care in seniors’ facilities and may help mediate conflicts between residents and their loved ones . . . and management. The legal programs have assisted over 1500 individuals over the past fiscal year. Seniors seeking to book an appointment with a legal advocate or a lawyer: Call 604 336-5653 between 8:30 am and 4 pm on weekdays. s Marie-Noël Campbell is the Executive Director of Seniors First BC, a lawyer of the Elder Law Clinic, and the supervising lawyer of the Legal Advocacy Program. Previously, she worked for the largest pro bono organization in British Columbia, set up her own practice, and served as an adjudicator for a local tribunal. Volume 30, Number 2, Fall 2021

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Gordon G. Hepner MA(ALS), Notary Public gordon@CammackHepner.ca

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SENIORS

RECOVERING FROM CON ARTISTS:

Seniors Share Their Stories Jessie Sutherland

feeling” or sensing warning signals—red flags, 90-year-old woman receives a phone so to speak—that they ignored. call from an agitated young man who 2. It can be tempting to blame identifies himself as yourself . . . after all, you were her grandson. He is asking for swindled. But the blame is squarely on the con artist. The details of each story her help. He needs $10,000 3. It is important to understand are different, but each to get out of jail. After she what made you vulnerable in the situation resulted in the loss first place. Two risk factors are sends the money—her last loneliness and unfulfilled dreams. of money and certainly $10,000—she learns her Con artists may tune into your the betrayal of trust. grandson was never in jail feelings and give you the impression and had not called her for they genuinely care about you. assistance. 4. The unpleasant occurrence A door-to-door salesman convinces an 82-year-old man that his roof needs fixing. A few days and $20,000 later, he discovers his roof did not need work and that in fact the “repairs” actually damaged his roof. A 68-year-old senior applies for the part-time job she saw advertised in the paper, only to become the victim of identity theft because she provided her SIN number and driver’s licence information to the prospective employer.

of falling prey to a con artist can be an opportunity to strengthen your appreciation of yourself and expand your network of friends to include people who will genuinely value your friendship. Awareness + Action = Achievement!

The details of each story are different, but each situation resulted in the loss of money and certainly the betrayal of trust.

5. The next step is what I call “transforming pain into purpose.” Some experiences are too painful to simply “move on” or “forgive and forget.” When I flip-flop from the distress of being a victim into fantasies of revenge, I know it is necessary to transform my pain into a positive purpose. I was a victim of fraud in 2007. From that experience, I created the “How to Spot a Wolf In Sheep’s Clothing” dialogues.

During a Finding Home™ dialogue called “How To Spot A Wolf In Sheep’s Clothing,” a group of seniors shared their experiences about con artists, the shame and humiliation they felt afterward and their road to recovery.

Dialogue participants share stories and generate their own strategies to help them prevent and/or recover from fraud and other scams. During one session, participants identified the top-10 red flags that indicate you may be dealing with a “wolf.”

1. Ironically, the first step to trusting people again is to learn to trust yourself. Understand that in the future, if you listen to your own inner voice, you will be able to trust yourself and your choices. In almost all cases, the victims of a scam can remember having “a funny gut

The dialogues generate many positive comments from participants. One senior noted that it’s important to remember that you did the best you could at the time you were duped. Another offered that agonizing events can become catalysts for growth.

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BC Notaries Association

Volume 30, Number 2, Fall 2021

It can be tempting to blame yourself . . . after all, you were swindled. But the blame is squarely on the con artist. Through the dialogues, seniors make new friends, learn about community resources, and create ideas for projects and programs that matter to them. The Initiative has partnered with the Association of Neighbourhood Houses of British Columbia on a regional Elders Financial Abuse Awareness Dialogue Project, funded by the Government of Canada (HRSDC New Horizons for Seniors Program). We also are working with • Immigrant Services Society and Afghan seniors,

About The Finding Home™ Initiative Global changes in the economy and in the environment and an increasing senior, newcomer, and urban Indigenous population are leaving many people yearning for belonging—a sense of home. The Initiative supports individuals and neighbourhoods to foster that sense of belonging, build inclusive communities, and increase effectiveness in responding to personal, local, and global challenges. Our Services • Seniors and Neighbourhood Dialogues • Community Engagement and Diversity Training • Keynote Addresses and Public Speaking Results

• South Vancouver Neighbourhood House and Punjabi seniors, and

• Seniors are learning to create security for themselves and to identify con artists.

• the John Braithwaite Community Centre/North Shore Neighbourhood House and multicultural seniors.

• Youth are connecting with each other and making valuable contributions to their neighbourhoods.

To learn more about Jessie Sutherland’s work to address complex social problems, including elder financial abuse, visit www.InterculturalStrategies.ca. s

• Indigenous people and newcomers are finding ways to connect and learn about each other.

Jessie Sutherland, MA, is the Director of Intercultural Strategies and the founder of the Finding Home Initiative (aka the Belonging Matters Framework). Volume 30, Number 2, Fall 2021

• Neighbourhood Houses are learning how to engage diverse communities and foster a sense of belonging.

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Services a BC Notary Can Provide Notarization/Documents Affidavits for All Documents required at a Public Registry within BC Certified True Copies of Documents Execution/Authentications of International Documents Notarizations/Attestations of Signatures Personal Property Security Agreements Statutory Declarations Personal Planning Estate Planning Health Care Declarations Powers of Attorney Representation Agreements Wills Preparation Wills Searches Travel Authorization of Minor Child Travel Letters of Invitation for Foreign Travel Passport Application Documentation Proof of Identity for Travel Purposes Business Business Purchase/Sale Commercial Leases and Assignment of Leases Contracts and Agreements Property Matters Easements and Rights of Way Insurance Loss Declarations Manufactured Home Transfers Mortgage Refinancing Documentation Purchaser’s Side of Foreclosures Refinancing Residential and Commercial Real Estate Transfers Restrictive Covenants and Builders Liens Subdivisions and Statutory Building Schemes Zoning Applications Marine Marine Bills of Sale and Mortgages Marine Protests Some BC Notaries provide these services. Marriage Licences Mediation Real Estate Disclosure Statements

There are Notaries to serve you throughout British Columbia For the BC Notary office nearest you, please call 1-604-676-8570 or visit www.bcnotaryassociation.ca. TABLE OF CONTENTS

SENIORS

Housing for Seniors Alison Silgardo

ational Seniors Day in Canada is marked each year on October 1. It coincides with the United Nations International Day of Older Persons and is an occasion for Canadians to celebrate the profound contributions of older adults.

In British Columbia, approximately 75,000 older adults live below the poverty line. According to Canadian census data (2019), 24 per cent of older adults age 65 and older live alone and many are challenged when trying to navigate housing, financial assistance, healthcare, mental health and wellness, and other services. Without access to appropriate housing and supports, older adults are at risk of homelessness, discrimination, and adverse health outcomes.

A core element of SSSBC is the focus on supporting the most vulnerable seniors across the province, including those who are homeless or at-risk. among older adults and other vulnerable members of our communities. To respond to those challenges, a coordinated network of housing navigation and support services for older adults is needed.

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A core element of SSSBC is the focus on supporting the most vulnerable seniors across the province, including those who are homeless or at-risk. To address the housing concerns of diverse seniors who may otherwise fall through the cracks, SSSBC combines housing navigation and support services in an approach that is one-of-a-kind in BC. We have three broad streams of services. 1. Information Referral and Housing Navigation services includes supports around formfilling, applications for government subsidies, housing, taxes, information and referral to mental health/wellness services, the local Community Response Network, and Elder Abuse services.

Over the last year, the COVID-19 pandemic has exacerbated social isolation, food insecurity, financial hardship, and housing displacement

Seniors Services Society of BC (SSSBC) is a nonprofit organization located in New Westminster, BC. It connects adults age 60 and older to housing and supports that help them age well and thrive. With over 40 years’ experience in the community-based service sector, the organization is on the leading edge of the response to population ageing in British Columbia.

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Volume 30, Number 2, Fall 2021

2. Direct Services includes a broad range of services from friendly calls, grocery shopping, meal delivery, digital literacy, shuttlebus services, loan program. 3. Knowledge Mobilisation includes training for families, and providers who are keen to learn how to navigate the system for an older adult focused on housing.

in New Westminster (Seniors Services Society of BC), Vancouver (West End Seniors Network and Brightside Community Homes Foundation), Nanaimo (Nanaimo Family Life Association), Prince George (Prince George Council of Seniors), and Kelowna (Seniors Outreach Services Society), SHINE connects older adults and their caregivers to support services in their region to enhance their ability to achieve and maintain stable housing and to improve their overall health and wellness. Taking a regional approach to partnership-building allows each community agency or housing provider to decide the exact supports or services most relevant to their unique contexts, priorities, population, client base, and goals. Through partnerships, SHINE has established core services in the following four areas.

As a leader in the sector, Seniors Services Society of BC has successfully partnered with other housing and social service providers across the province to develop several innovative programs in response to the diverse needs of low-income older adults. One such program is the SHINE program (Seniors Housing Information and Navigation Ease). The SHINE program is jointly funded by the Ministry of Health and Ministry of Mental Health and Addictions. It is a province-wide initiative designed to facilitate timely access to and navigation of appropriate housing services and supports for older adults. Using a collaborative approach with partner organizations Volume 30, Number 2, Fall 2021

. Seniors Housing Navigators 1 located within each partner organization, screen and assess senior clients to identify barriers to accessing or maintaining stable housing and provide advice and assistance navigating housing services that meet the clients’ unique needs. 2. Community Connectors located across the SHINE network aim to reduce isolation and increase social connections for older adults through linkages and referrals to local community-based programs and education. 3. Seniors Mental Health and Wellness Provincial Resource online directory available on SSSBC’s website, to increase accessibility of senior-specific The Scrivener | www.bcnotaryassociation.ca

Core objectives of SHINE include building a network of service providers addressing older adults’ housing and other service needs in BC…

housing and mental health and wellness information. 4. Strengthening Communities and Building Collaboration by contributing to research projects and developing new initiatives, e.g., online services and supports in response to the COVID-19 pandemic. Core objectives of SHINE include building a network of service providers addressing older adults’ housing and other service needs in BC and advocating for positive change and capacity-building in the sector. In a notable recent development, SSSBC is embedding a Housing Navigator and Community Connector within affordable rental housing buildings for low-income older adults in Vancouver and New Westminster. This expansion of SHINE programs and services has been developed in partnership with Brightside Community Homes Foundation and BC Housing. A partnership with the BC Community Response Network (BCCRN) has also been developed in response to elder abuse and neglect. In a partner survey conducted at the end of 2020, 100 per cent of respondents reported the program is currently meeting all TABLE OF CONTENTS

Barbara is 91 now.

She still dreams of dancing. A gift in your Will to Eldercare Foundation can provide vital therapy programs to seniors in care who still dream of dancing, moving, creating, and living with dignity.

Create your legacy today.

1454 Hillside Ave., Victoria, BC V8T 2B7 250-370-5664 . www.gvef.org Charity# 898816095 RR0001

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of their expectations and listed collaboration between/among partners and holistic wrap-around services as key strengths of the initiative. “This is a much-needed service; we would like to be able to expand services to include other nearby regions,” one respondent states. Additional funding is required to continue to grow this successful project and establish and develop additional partnerships. Through an effective interconnected network of older adults serving organizations across BC, housing information and navigation will become more accessible and available to older adults in the province, contributing to housing stability and ageingin-place. What can you do? One of the biggest challenges we face is sustained “core funding.” Older adults need more face-to-face or in-person support, particularly around navigation of the system, advocacy, and legal issues. We would like to invite anyone making their own plans for ageing to consider supporting us with a legacy gift in their Will. A legacy gift ensures that vulnerable older adults will be cared for in years to come. s Alison Silgardo, BA (Psychology), MA (Leadership), is CEO of Seniors Services Society of BC. She participates on a number of local and provincial level committees and groups. Her mission is to enhance the quality of daily life of low-income senior renters by developing a blueprint for their care, knowledge exchange and training, and developing a framework for implementation of their system of care. Volume 30, Number 2, Fall 2021

Kim Bellavance Photographe (www.kimbellavance.com)

SENIORS

CAMERON’S STORY:

A Home with the Right Supports Isabela Zabava

ameron Carr was first diagnosed with schizophrenia when he was just 18 in 1979—and later with PTSD.

Staff work with folks on their individual needs and use the Recovery Star tool to help identify areas of strength or areas they wish to develop. That includes self-care, living skills, social networks, and community involvement.

“I wasn’t sleeping at all and had chronic paranoia— For people living with mental illness, recovery I thought someone was following me and I looked around is an ongoing process. Being surrounded with a team all the time. I also had depression, that understands is crucial. anxiety, and lack of concentration “I was ill but I’m recovering but once I took the medicine I When he was younger, now personally. And when I’ve calmed down, but I was so calm, Cameron wrote and acted out a few times . . . they’ve I was too tired to do anything.” been tolerant,” explains Cameron. illustrated poetry. Originally from Ontario, “There’s always somebody I can Cameron received some treatment Having a stable home talk to. I have lots of talks with staff. there before coming to Vancouver. has enabled Cameron If you have a need, they look after Two-and-a-half years ago, he you if something’s wrong. Through to re-explore his eventually found a home that is all this pandemic, they’ve been artistic side. appropriate for seniors with the very upbeat and seem to know right supports, at Coast Mental their business pretty good.” Health’s Coastview apartments Thriving in Vancouver. When he was younger, Cameron wrote and illustrated A Home with the right Supports poetry. Having a stable home has enabled Cameron Operated by Coast Mental Health in partnership with to re-explore his artistic side. BC Housing, Coastview provides supportive housing “I can indulge myself like painting and also for people living with mental illness who are 55 or over. playing music and nobody complains. I play about Supports offered to residents include the following. 8 instruments . . . saxophone, clarinet, flute, diatonic • Daily dinner and chromatic harmonicas, some guitar, some piano, penny whistle, and fife with 6 holes—that is a really • Weekly housekeeping and linens laundry old instrument. • A 24-hour lifeline monitoring system “And now that I have a keyboard in my room, I play • Assistance with medications music along with my computer. I teach myself melodic, melodeon. • Social and recreational activities

Volume 30, Number 2, Fall 2021

The Scrivener | www.bcnotaryassociation.ca

TABLE OF CONTENTS

BARR I S TE R S & SOL IC IT OR S

Proud to be serving The Society, BC Notaries, and Their Clients with • Motor vehicle accident claims;

“I also wrote one book about the first 8 years of my experience of having schizophrenia—250 pages. I’m working on a second similar-type of book but it is more creative, with more poetry and illustrations. I am doing the illustrations, too.”

• Real estate litigation;

Cameron is also giving back to the community and educating those around him.

• Probate of estates; • Estate litigation; • Contract disputes.

QUANG T. DUONG

IAN KNAPP

1600 – 1095 West Pender Street Vancouver, BC V6E 2M6 Phone: (604) 689-3281 Fax: (604) 685-6494 www.macfuj.com

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“Two Winters ago, I did lecturing to 6 students in the hospital. I talk about my future mainly—medicines and behaviours and society and people who are administering care.” “A home with the right supports can be life-changing for people experiencing mental health conditions,” said Danielle Scott, Director, Supportive Housing & Programs at BC Housing. “Cameron is just one of the almost 6000 people who can access critical services and support thanks to the collaborative work of Coast Mental Health, BC Housing, health authorities, community partners, and generous donors.” “Thank you and thanks for having me,” says Cameron. s Isabela Zabava is Executive Director at Coast Mental Health Foundation. www.coastmentalhealth.com/getinvolved/a-gift-in-your-will BC Notaries Association

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“Two Winters ago, I did lecturing to 6 students in the hospital. I talk about my future mainly— medicines and behaviours and society and people who are administering care.”

What We Do and Our Professional Friends Article Deadline November 15, 2021 Advertising Deadline November 15, 2021 To Send Photographs to the Magazine . . . email your images to scrivener@bcnotaryassociation.ca. Please send photos at the original size. Do not reduce or retouch. scrivener@bcnotaryassociation.ca www.bcnotaryassociation.ca

Volume 30, Number 2, Fall 2021

SENIORS

Financial U-Turn For Seniors

ou have celebrated your 65th birthday, reaching the revered rank of senior!

Very likely, you are now retired or about to retire. Important financial decisions loom for this next chapter of your life—ideally a financially comfortable one, lasting for decades. Until now, your working years have focused on amassing financial resources to prepare for your “golden” years. Hopefully, you have liquidated all debt, maxed out both your RRSP and TFSA eligibilities, and through prudent investment strategies have grown both to a significant financial reserve. By age 65, your CPP and OAS benefits have commenced. They amount to less than $2000 monthly—far short of your needs for a comfortable retirement. A fortunate minority of seniors can count on workplace pension income from a Defined Benefit or Defined Contribution Plan to top up their retirement incomes. Volume 30, Number 2, Fall 2021

For a senior with a NonRegistered investment account, the tax treatment of income drawn from this Portfolio becomes an important consideration. The majority of seniors, however, need to supplement retirement income by dipping into their accumulated Non-Registered and Registered investments. After years of adding to investments, we now need to reverse gears and commence a careful assetconsumption strategy. Easier said than done! If a senior has other resources, it may be prudent to delay early conversion of an RRSP to a RRIF and commence draws at the latest possible date—at age 72. In so doing, the RRSP benefits from another 7 years of tax-free growth and compounding. However smart The Scrivener | www.bcnotaryassociation.ca

Peter Dolezal

this strategy may seem, it misses out on a significant tax opportunity for 7 years. If a senior does not have a workplace pension plan, it may be smart to delay conversion to a RRIF until age 72, but only after splitting off a separate small RRSP in the amount of $14,000 (single person) or $28,000 (for a couple). In this instance, while the original RRSP continues to grow, the smaller RRSP would immediately be converted to a RRIF and drawn upon at $2000 annually for a single person, or $4000 if a couple. After age 65, the first $2000 annually of a RRIF draw is received tax-free. Due to RRIF pension-splitting rules, a couple can extract $4000 annually from a single RRIF without tax. Failing to take advantage misses out on $14,000 (or $28,000) of tax-free RRIF draws before age 72. As simple as this strategy seems, other factors must be considered before you decide whether to delay RRSP/RRIF conversion and draws to age 72. TABLE OF CONTENTS

If, for instance, the larger RRSP were to grow so substantially by age 72, that subsequent mandatory draws (5.4 per cent minimum at age 72) were to increase total annual income beyond $80,000, OAS benefits would be partially, or even totally, lost (at $129,000 annual income) due to Claw-Back rules associated with OAS benefits.

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For a senior with a NonRegistered investment account, the tax treatment of income drawn from this Portfolio becomes an important consideration. All dividends or interest flowing into the account are taxed in the year they are received, whether drawn or not by the account holder. Since taxes will have been paid on that income in any event, the retiree can withdraw that income without further tax, thereby reducing the amount of draws needed from a RRIF. As a general rule, TFSAs, which are NEVER taxed, should be drawn upon only once all funds in the taxable Non-Registered account are exhausted. Those are only a few of the issues and opportunities a senior needs to consider in planning for or entering retirement. To ensure the most prudent investment draw-down strategy in retirement, a comprehensive Financial Plan should be developed—ideally, well before actual retirement. Such a plan should address not only the above issues, but also many others, including the need to revise levels of risk as you commence retirement. s Peter Dolezal is an Independent Financial Consultant, selling no investment products. He has written three books and has assisted over 265 clients across Canada. BC Notaries Association

Who Will See Your Ad in The Scrivener? BC Notaries Lawyers Land Surveyors of BC Real Estate Professionals Real Estate Boards and Associations Age-Friendly Designates MLAs and MPs in BC Life Insurance Brokers and Agents Accountants Managers of Financial Institutions Investment Management Agencies Provincial and Federal Court Judges Registrars Mayors Government Ministries Libraries: Public and Private, including Law Society, Legal Services, Education Facilities Chambers of Commerce BC Housing BC Assessment Ministry of Citizens’ Services: Real Property Division

Fall Advertising Space Deadline November 15, 2021 scrivener@bcnotaryassociation.ca www.bcnotaryassociation.ca Volume 30, Number 2, Fall 2021

SENIORS

What Constitutes a Senior?

e could consider a spry, healthy, and active 50-year-old a senior . . . a “Junior Senior.“

We would definitely consider a spry, healthy, and active 90-yearold a “Senior Senior.” So much depends upon perspective. Remember when you were 18 and you thought the 35-year-old in your life was old? Then there is the 100-year-old senior who steadfastly continues to live in the home she bought many decades ago and is adamant she will remain there as long as she possibly can. Having understanding and supportive children could be the answer to maintaining that scene; we would all assume she probably doesn’t have many of her long-time friends around to share her life and support her goals. It is such a pleasure to specialize my BC Notary practice in the area of personal and estate planning, to help everyone—especially seniors—plan their asset holdings to grow and be transferred to the next generations in their families. Volume 30, Number 2, Fall 2021

Margaret Rankin

Many seniors have worked hard, accrued their assets over many years, developed their families and watched them mature, and are now living in the most part with substantial asset holdings. Many seniors do not look kindly on those assets being taxed when they pass from one generation to the next. It is not easy to plan an estate so your family retains those assets without being taxed.

The best plan is if you know when you are going to die and you have one beneficiary, but how many people are in that situation?

We pay income tax, sales tax, goods and services tax, gas tax, parking tax, capital gains tax, luxury tax, and ultimately probate tax.

Working together with seniors and their children is one of the greatest benefits of my personal and estate-planning Notary practice. To enjoy the cooperation and trust among family members warms the heart. Of course that cooperation is not always there; sometimes it is necessary to work through many years of intense family conflict among family members and to plan how and where the senior wishes those assets to go following death.

Seniors are inquisitive and like to learn. They also sincerely appreciate being taught the advantages and pitfalls of good estate planning. Good financial and legal advisors will walk their clients successfully through the knowledge and understanding of dealing with asset holdings and tax issues, especially those that hit at the end of life. The Scrivener | www.bcnotaryassociation.ca

There is now so much information available to seniors that was not accessible years ago. Seniors are inquisitive and like to learn. They also sincerely appreciate being taught the advantages and pitfalls of good estate planning.

It is professionally very satisfying to ensure that all parties are advised of the pros and cons of estate structuring, and that all parties receive their own independent financial and legal counselling so that everyone is protected. s Notary Margaret Rankin practises in North Vancouver. TABLE OF CONTENTS

SENIORS

BINGO! HOW A SIMPLE GAME HELPED SHAPE CANADIAN COMMUNITIES LIKE VICTORIA, AS SEEN THROUGH THE LIFE OF A RESIDENT OF GLENGARRY LONG-TERM CARE

“

It’s an epidemic, it’s hysterical, it’s historical . . . Canada is Bingo-mad!” wrote Robinson MacLean in a 1937 edition of MacLean’s magazine. It may be hard to imagine today, but during the life of Margaret Bryan—a 90-year-old resident of Glengarry long-term-care facility, Bingo has been Canada’s most popular game, and a surprisingly important force for positive change here in Victoria. Margaret first moved to Esquimalt in the early 1950s when her husband joined the Navy. Pacific Command Headquarters had been established in Esquimalt during the Second World War, with the base becoming a staging ground for thousands of troops and officers before deployment. That led to a post-War boom, with new recreational facilities, schools, shopping plazas, and commercial developments popping up all around Victoria—perfect for raising Margaret’s 3 children . . . 2 were born here in Victoria. In Esquimalt, a recently established Legion branch (#172, launched in 1944) quickly became a thriving social hub. In an era before PTSD was properly diagnosed, veterans needed a place to sit and talk with others who had shared the experience of war. Women like Margaret played a vital role, too, joining the Ladies Auxiliary to provide volunteer and fundraising support for programs that helped veterans in need and other important community causes. And how did the Ladies Auxiliary fundraise to help veterans? Bingo! In the periods following each World War, Bingo became massively popular in Canada. Charging 25 or 30 cents per game, churches and Legion

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Lori McLeod

halls found it was a wonderful way to make money to meet their charitable aims. For players, an evening of Bingo was roughly the same cost as going to a movie, but there was a winner every time and a chance to win prizes such as groceries and knick-knacks to decorate the home. It was so popular in fact, many critics actually argued Bingo should be banned, for fear that form of legalized gambling might lead to immorality or serious crimes! For a hard-working mother like Margaret, however, Bingo was a perfect fit. After a day of work cleaning the Courthouse or operating the till at Capital Iron Mercantile, it was an affordable night out. It was simultaneously a way she could give back to her community. Margaret’s work with the Ladies Auxiliary was a key fixture throughout her adult life and Bingo was a significant part of the millions of dollars ultimately raised by the Esquimalt Legion during her time as a member. In 2013, Margaret’s dementia made it impossible to continue living on her own so she moved into Glengarry, a long-term care facility, to have a safe place where she’d be looked after. She loves the weekly Bingo game there, too—only now the game gives back to her, providing fun and social connections that help maintain her cognition and quality of life. Eldercare Foundation is a registered charity that raises funds to improve care and quality of life for seniors like Margaret. We aim to give back to those who helped build our community, so they can age with the dignity and respect they deserve. s Lori McLeod is Executive Director of Eldercare Foundation in Victoria, BC.

BC Notaries Association

Volume 30, Number 2, Fall 2021

SENIORS

Showing Up for Local Seniors

n Greater Victoria, the number of people age 75+ will more than double to roughly 47,000 people by 2040. With that demographic growing faster than any other in our community, I fear what the future may look like for our local seniors. I grew up in a small town that, like Victoria, had a lot of elderly residents— so much so that many of my friends were decades older than I was. Though I didn’t fully understand why at the time, I quickly realized that my visits had a real impact on my most elderly friends. Just by showing up, by taking an interest, I brought them joy. That realization led me to a career in long-term care. I spent decades working at Tillicum Lodge, Oak Bay Lodge, Aberdeen, and Priory here in Greater Victoria, leading and organizing support programs for elderly residents. It was often the simplest things that made a difference—someone to talk to, a sense of purpose, or of being valued—but people often didn’t know how to ask for help or feel that they should. I’ll never forget one resident at Oak Bay Lodge who said to me, “Why would you want to come here and look after us old folks? You need to go get a life!” To me, helping care for those in need was my life—and I didn’t want to be anywhere else. But now as I age myself, I see how seniors and their needs often Volume 30, Number 2, Fall 2021

seem to get forgotten. It’s rarely seen as a tragedy when an older person’s health declines, even when the decline could easily have been prevented through simple social programs or with mobility support. I even find that I’m becoming invisible; people often bump into me now when I go shopping. It’s easy to see how seniors can come to feel they’re just a burden that is in the way. So as Victoria’s population gets older, I fear what that will mean for the growing number of elderly who will be ageing at home. I know what their needs will be and how few of those needs will be met by the government-funded portion of our healthcare system. Many seniors also won’t know who to ask for help or even feel that they can ask. Fortunately, when I worked in healthcare, I became aware of the Greater Victoria Eldercare Foundation and the wonderful contribution that organization makes in seniors’ lives. In the longterm care facilities where I worked, Eldercare’s impact could be seen all around me—residents received weekly exercise classes with therapy equipment, visits by a music therapist, art classes; even buses for outings were all provided by donor funding. They did not overlook the personal touches. • For an elderly woman unsteady on her feet, Eldercare bought special pants with pads that would help prevent a painful hip fracture in case she had a fall. The Scrivener | www.bcnotaryassociation.ca

Barb Doughty

• For a tall gentleman who found all the standard wheelchairs at his facility terribly uncomfortable, Eldercare paid for a custom-fitted one. • Eldercare even organized a special Christmas program to deliver presents to residents who celebrated the holiday, but who no longer had family with whom to celebrate. As Victoria’s senior population grew, Eldercare expanded its programs to help seniors living at home, too. Today they fund adult day-programs, community bathing programs, educational programs for seniors and caregivers, home medical-alarm services for lowincome seniors who have a high risk of falls or hospitalization, and simple social programs that help seniors prevent mental and physical decline and maintain their independence and dignity. I trust them to keep making the right decisions for the future, too. For me, financially supporting Eldercare is now a way I can help seniors and the elderly in my community. I’ve even created a gift in my Will to Eldercare, so that I can keep “showing up” for seniors after I’m gone. I take great comfort in that. s Barb Doughty is an Eldercare Foundation donor and a former healthcare worker. TABLE OF CONTENTS

SENIORS

What’s in a Name?

don’t recall when age groups/generations were given “official universal” names but here in Canada, we are categorized as one of the following.

The LOST GENERATION

1883 – 1900

The GREATEST GENERATION 1901 – 1924

The SILENT GENERATION 1925 – 1945

BABY BOOMER GENERATION 1946 – 1964

GENERATION X 1965 – 1980 (aka Echo of the Baby Boom)

GENERATION Y 1981 – 1996 (aka Millennials)

GENERATION Z 1997 – 2012

GENERATION ALPHA 2013 – 2025

Those groups of people have experienced similar life-altering events in history such as an economic crisis, economic boom, war, or political events that have influenced their views of the world. We Baby Boomers (for example), lived through and remember well: The Cold War; the moon landing; the assassinations of Martin Luther King Jr., USA President John F. Kennedy and his brother Robert Kennedy; the Vietnam War; and the Civil Rights Movement, to name a few.

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Kate Manvell

In 2019 there were almost 7 million Seniors/Baby Boomers and by 2030 we will comprise over 9.5 million individuals of the population in Canada—in other terms, 23 per cent of Canadians. GENERATION X—also known as the Echo of the Baby Boom—are the children of the Baby Boomers. According to the 2011 Canadian Census, there were 9.1 million Generation Xes in Canada, representing an even more impressive number at 27 per cent. Each generation claims both advantages and disadvantages, of course. One of the advantages of reaching Baby Boomer “status” is that you can use your age as an excuse for an assortment of situations, and get away with it! For example, forgetting the name of the person you’ve just bumped into at the grocery store or changing your mind about going out after you thought just 48 hours prior that you’d want to do that. Here’s a mantra I can share with you . . . feel free to use it as needed: “I hate to cancel. I know we made plans to get together today/tonight but that was 48 hours ago. I was younger then and full of hope.” In my family, I am happy to say there is a member who fits into 5 (maybe 6) of those generations, so what an interesting family it is. If you are a GENERATION Y person, you grew up in a technologically savvy and connected world. Younger members of GENERATION Z cannot remember a world without the Internet. Teenage members of GENERATION Z are connected nearly every waking hour of the day. When the opportunity arises, I have been trying to tell my eldest grandson (almost 6) stories of my childhood: Such as Mom doing the Monday laundry

BC Notaries Association

Volume 30, Number 2, Fall 2021

May we all continue to be kind to one another. using the old washtub and either hanging clothes on the line (in good weather) or we’d return from school to find damp clothing and linens strung around the house to dry. No clothes dryers! My grandson sometimes looks at me like I’m pulling his leg or making up a tall story to entertain him.

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And now GENERATION innovative risk management solutions. Marsh is a global leader in insurance broking and innovative risk management ALPHA—born in the early 2010s Forinformation, more information, visit www.marsh.ca or contact: solutions. For more visit www.marsh.ca or contact: to mid-2020—is the first generation Kingsley Chow, Senior Vice President FCIP to be born entirely in the 21st Kingsley Chow, Senior Vice President FCIP century. They tell us that group 604-443-3565 | kingsley.chow@marsh.com will be the most educated, tech604-443-3565 | kingsley.chow@marsh.com savvy people. Their learning will be highly personalized; apparently they won’t play by the rules (?) and religion will go out the window . . . quite significant changes compared to the SILENT Generation. But whatever the generation, as a BC Notary I find the numbers significant; they indicate the important need for Canadian adults to have their personal-plannng/ estate documents valid and up-todate and, most important, in place at the time of purchasing real estate or prior to the birth of their firstborn child. • Powers of Attorney for financial matters • Representation Agreements for healthcare • Last Wills and Testaments After all is said and done, whatever it means to be of a certain generation, I am hoping the basic principles of living together in harmony will continue to apply. May we all continue to be kind to one another. s Notary Kate Manvell has practised in West Vancouver, British Columbia, since 2005. Volume 30, Number 2, Fall 2021

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The Scrivener | www.bcnotaryassociation.ca

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829 Ca Vancou British

Canada

SENIORS

Two Seniors at 92 Years of Age Devon Island and Lancaster Sound

Chuck and Joy Carter at 92 years, 2021

don’t presume to know the hardships and challenges that face other seniors. Some have an easier time than others. I can only outline our journey to this time and place.

The Middle Years Throughout our lives together, my partner has been a supportive and caring wife and mother; Joy loved her profession of teaching public-school primary grades and continued until retiring in her mid-60s.

This article is based on my experiences and thoughts as my wife Joy and I have travelled along the road together to our present age. We all know what is at the end of the road. Some believe that is the start of a new beginning and others, an end.

I remained a devoted and committed member of the Canadian Forces Military Engineers until my retirement in my late 40s. We faced many challenges in the service . . . long separations, frequent postings, and military protocols. It was an active, exciting, and rewarding time for us both and it provided a satisfying social aspect to our lives. On my retirement, our family took up residence in North Vancouver.

More important is how we make or made the journey, and we can look back with satisfaction in the knowledge that we have done the best Chuck and Joy Carter on their Wedding Day, 1955 we could. The Early Years The Senior Years Although genes and a healthy lifestyle play a part Although the acceptable age to be designated a senior in achieving a long lifespan, the characteristics and is 55 to 65 years, we never thought of ourselves as outlooks formed in childhood also play a significant “being one of those” until after we had reached the age part. Values of self-esteem, honesty, compassion, of 80. In 1989 we were both in our early 60s, truthfulness, forgiveness, reliability, understanding, in good health, financially secure through interest compromise, and even acceptance are a few examples. earnings and pensions, and our two adult children out on their own. It was now time to see the world. My loved one and I have been married for 66 happy years. Faithful friends for 80 years, we met in church We made a plan. Our preference was small-group and became partners for the first high school formal land tours to high-altitude countries first, followed dance in Grade 9 at the age of 12. by high-humidity ones . . . leaving easier journeys for another time. Although Joy had a few serious health We graduated from high school and then university. problems during her 70s, she would quickly recover Joy became a primary teacher and I became a member and be ready for our next tour. Over 20 years we of the Canadian Forces as an officer in the Royal travelled to 43 countries and had adventures on the Canadian Engineers. At the age of 26, we discovered world’s 7 continents. On each tour we would write a we were in love and married in 1955. A son and diary, take still photographs for albums, and use a daughter were born; our dynasty has grown to include VHS tape Camcorder. 7 grandchildren and 8 great-grandchildren.

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BC Notaries Association

Volume 30, Number 2, Fall 2021

That was an important time for us as a married couple. With responsibilities of work and family behind us, it was an opportunity to completely focus on one another and renew a closeness and trust that had often been overlooked or taken for granted. They were the good years . . . the best years. The Later Years At the end of 2009 when we were in our early 80s, our way-of-life suddenly and sadly changed. The time had apparently arrived for us to accept that we were getting older and to expect unforeseen medical problems might occur. Joy was taking a blood thinner and one evening a small vein in her head began to bleed, resulting in a pool of blood forming and pressing against her brain. The prognosis was dire . . . coma, surgery, and possible death. Surgery was successful but rehabilitation could not make her whole again. The loss of balance necessitated the permanent use of a wheelchair. Incontinence and short-term memory loss were additional concerns. It was my initial intension to care for Joy at home but, after many consultations with our family doctor and social worker, I realized it would be in her best interest and for her long-term survival to have her reside in a nearby recently built private Hospital Care Centre where she would receive 24-hour care. It was not an easy decision and we still individually and jointly shed tears about the situation.

Mental stimulus and entertainment are necessary activities for residents at a Care Centre. That is usually provided by the Centre’s recreational staff and, during nonpandemic times, by the addition of individual entertainers. In view of our travels, I was asked in early 2010 to make a weekly 1-hour presentation at the residence. I converted the VHS tapes to DVDs, made detailed maps for each attending resident, and described our happenings as the video played. It took 2 years to cover all our adventures, then I would start from the beginning again. After 3 years, I was asked to present the same program on a different day in the adjoining building. I continued with the showings for another 7 years when they ended due to the pandemic.

Joy and Chuck Carter, Northwest Passage, 2008

Selecting the appropriate Care Centre takes time and patience. After the initial tour, a visit back to the facility at different times of the day, including mealtimes, reveals the true operating procedures and attitudes. My task was and is to make Joy’s life as normal and happy as possible. I think of it as “payback time for the partner that contributed so much toward maintaining a happy and successful marriage and family.” For almost 10 years until the beginning of the pandemic 16 months ago, I spent 5 hours with her each day that included lunch and an afternoon visit to our home. Another important task is to be an alert and consistent advocate to ensure my loved one receives the best care and attention possible. Although Care Aids are very dedicated and caring individuals, their time is limited since they are responsible for a number of residents. As a result, Volume 30, Number 2, Fall 2021

many of the minor things that add to the enjoyment of an individual’s life may be overlooked.

Joy’s activities are limited. I now see her 3 times a week . . . 2 afternoons in her room and an afternoon visit to our home. Each evening we confirm one another’s well-being by telephone. Although we have not seen our son or daughter during the pandemic, they keep in regular contact. During the past year of restrictions, Joy has added picture-colouring to her reading and TV interests.

Joy’s general health is good, although a sudden and potentially serious stroke occurred in 2015. Fortunately, I was in her room at the time and realized what was happening. We were able to arrive at the hospital within the 3-hour window required for an infusion of drugs that saved her life and prevented any additional health problems. Within the last year, a choking issue resulted in the requirement for minced meals and thickened liquids to be provided. She continues to have a happy and positive attitude and has often expressed how she loves life and her desire to stay alive. I am in good health. I live in our home, drive, carryout household and maintenance tasks, shop, take daily walks and aquafit sessions at the local Recreation Centre, and enjoy working in our large flower garden. Over the past year, however, there has been a noticeable change in my

The Scrivener | www.bcnotaryassociation.ca

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energy level, walking pace, and endurance. Our caring and reliable neighbours are available for emergencies. At 92 years of age, Joy and I have surpassed the ages of our parents. We attribute this to the fine medical service that is available in our wonderful country of Canada, our supportive loving relationship, and our individual continuous happy and positive outlook toward life. Now we look forward with anticipation to the number of years remaining. Epilogue The financial costs that can occur for an older senior can be overwhelming both for the senior and loved ones. With fewer companies offering pensions and the unaffordability of owning a home as a potential investment, planning for the future years as a senior needs to be started when you are young and healthy.

cannot be changed. I mention this because of contacts that I have had with seniors who have had difficulties dealing with their regrets. Everyone has regrets. When Joy had her cerebral hemorrhage, we were in our early 80s, still young at heart and energetic. Her condition was devastating and I searched for guidance and support. Three directions of thought or mantras helped me through my sadness. • “It is what it is.” • “Every day, appear happy and positive.” • “Don’t let the old person in.”

When I reached my 90s, I became more retrospect and realized I had many regrets . . . words and actions that should not or should have been said or done. Some of my choices ended friendships and others affected future discissions and events.

On several occasions, I have had the privilege of comforting seniors placing a loved one in the Care Centre; they themselves were emotionally overwhelmed. During our conversation I would mention how helpful those words were for me. Now when I meet those seniors, they always mention that the three mantras provided great comfort to them. The mantras are simplebut-effective thoughts and I still follow them today. s

My understanding is that memories are really memories of memories and therefore can be factual, inaccurate, or unreliable. I believe mine to be true but know and accept that they happened in the past and

Chuck and Joy Carter are faithful readers of The Scrivener. An article about their travels through the Northwest Passage appeared in Volume 18, Number 1, of the 2009 Spring Scrivener magazine.

YOUR WILL CAN MAKE A DIFFERENCE IN YOUR COMMUNITY W I LL POWER

willpower.ca/charities/the-victoria-foundation

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BC Notaries Association

Volume 30, Number 2, Fall 2021

SENIORS

Current Lifestyles

ife for most seniors changed dramatically March 2020 with the pandemic.

El Fedewich

services such as cutting grass Enjoying a wonderful time with and tree-pruning, plus Molly Maid, many activities, travel, friends, and family came to a and even meals, if sudden end. The needed. The aim is wonderful Autumn the longer you can of our lives changed manage to stay in dramatically—no your own home, with more curling, lawn some help, and stay bowling, cardio gym, healthy, the less swimming, golfing, burden you are on Provus meetings and our social services. associated events, I feel it is very monthly poker, important to annual Winter trips keep healthy and El and Noreen Fedewich to Palm Springs, physically active with and visiting friends and family friends and family, even partly . . . across the country. No international with virtual or Zoom connections vacations. or otherwise. As challenged as I am Shopping for groceries and with the Internet, I am able to get other things was done by our kids. Sunday Church services on Zoom Routine chores were missed. for my wife Noreen, even if it is only Fortunately, we still live in our home half a screen. I can get Internet help and not a condo or Independent from grandkids. Living Apartment. We were able to We were able to go to our do light yard work and go for walks Summer home in the Okanagan . . to the lovely park at the end of our . having family and friends visit us street and walk a trail to the beach was wonderful. Watching too much on nice days. TV and reading the paper was not I bought a stationary bike and a good thing. have weights and a ball and I exercise We have had our second shots daily, but it is not the same as and appreciate the loosening being with your buddies and a of some restrictions. Life is trainer at the gym. almost returning to normal, thank The Veterans Affairs V.I.P. goodness. Busy people, happy Program (Veterans Independent people! s Program) lets Vets stay in their homes, by providing them with Volume 30, Number 2, Fall 2021

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El Fedewich is a retired BC Notary. The Scrivener | www.bcnotaryassociation.ca

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SENIORS

No Socks Please! Adele Blair and Larry Jones

hould I have just been satisfied in my old age—with decent health, teacher’s pension, completed Will, pre-arranged funeral, and Netflix on my TV?” For me, a marital breakdown had been followed by 6 frenetic years of high activity in a second career, volunteer work, community development, assorted organizations, social, political, and religious events, travel, visiting a Seniors Centre, and exercise programs. I regularly asked friends to set me up with their single male friends who might enjoy an evening out at a decent restaurant or attend a sporting event or a concert with me. My request produced zero outings. I was not looking for marriage and definitely not looking to wash anyone’s socks; I was seeking companionship and to hold someone’s hand and exchange a glance with another human being that says, “Let us be a shelter for each other!” Before we met, Larry and I had decided, with some trepidation,

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to use a modern meeting method— Online Dating! It took some courage!! It took some sense of adventure! It took some patience! But what a nice surprise it was!

I regularly asked friends to set me up with their single male friends who might enjoy an evening out at a decent restaurant or attend a sporting event or a concert with me. I signed up on a senior dating site in November 2017 . . . on a lark, a whim, and a crazy urge just to see what the site might hold. I wondered if I might find even 1 or 2 senior men in my area who would think I was good company. Like most senior women, my self-concept and experience in life negatively shaped my ideas about the possibility that finding what I sought was even a remote probability! I was flabbergasted to find there were hundreds of amazing single, senior men out there who were not seeking a woman to wash their socks . . . sincere, genuine, BC Notaries Association

high-calibre men who sought what I did! Great men who were open to chatting with me, writing to me, meeting me for coffee, or going out to dinner or concerts . . . hoping to meet that someone special, who might be a friend, a companion, a travel mate, a new bridge partner, a weekly date, or even a possible romantic lover. Larry tells me there were fewer women on the sites where he was profiled, but he connected with some fine ladies with whom he talked and wrote and even dated. Being the risk-takers we are, the optimists we are, and the idealists we are, both of us had proactively set ourselves on a course “to find somebody to love . . . a line from the lyrics by Jefferson Airplane in Somebody to Love. At 6 pm in August 2018, I arrived at the unique Jamaican cafe in the suburban mall for my muchanticipated blind date. Anxiety mounted as I considered my entrance and opening line. Would he like this 73-year-old gal with silver hair, wrinkled smile, and some extra pounds? I had seen glorious sunrises and stormy days, all part and parcel of a senior female’s experience? Volume 30, Number 2, Fall 2021

Attempting to calm my apprehension about the man who waited inside, I checked my image in the glass door; I looked a little different than I had at 17 . . . on my first blind date. I moistened my lips, patted my superannuated hair, and inspected my figuredisguising attire. Satisfied with what I was, I pulled open the door. There sat Larry! A handsome, gifted 75-year-old retired Geography teacher with a smile so wide, it had lit up my heart from first look on the online dating site!

other human being. That is a hardwired evolutionary need in the human species. Attachment theory and scientific research on adults since 1990 totally confirms the findings of John Bowlby, that love is a basic primary need, like oxygen and water. (S. Johnson, Hold Me Tight, 2008) “Seeking it, needing it, and finding it, is worth fighting for, being brave for, risking everything for.” (S. Erica Jong-Johnson, 2008) Research confirms that online dating is a popular way to meet people.

His eyes and grin welcomed me and I smiled back. Two smiles. Two lonely people. Two souls willing to take a risk, one more time! Our connection began right there.

• S tatistics Canada reported in 2014 that 35% of Canadians use online dating . . . 20% of committed relationships begin online and common interests and attractiveness are the two most important factors to users.

Dating Statistics from 2017, states that meeting online has now surpassed more traditionally popular venues including via friends, school, or work

• Online Dating Statistics—Dating Statistics from 2017, states that meeting online has now surpassed more traditionally popular venues including via friends, school, or work. It is remarkedly effective at pairing up like-minded people.

The amazing little restaurant stayed open an extra hour just for us, to allow 3 hours of nonstop talking, sharing, exploring, debating, laughing, and joking. So easy. So simple. So much promise.

Larry and I have lots of humorous stories to tell about our “Senior Dating Careers.” We hope we might nudge a few seniors out there who have been burying their desire and need for love and companionship, to give life and love a chance just one more time!

We were retired professionals with everything most people think would make a wonderful last lap, but something was missing. Neither of us had planned to be alone in our senior years but life had created its own path for each of us, meandering as it does to the inevitable end. We had scads of recreational friends, volunteer work acquaintances, and grown family, but neither of us had a special emotional, intellectual, physical, and spiritual connection with one Volume 30, Number 2, Fall 2021

Think young and be young at heart! Larry and I have found friendship, companionship, and connection in our 70s. We are working on the love part now, dreaming as if we will live for a thousand years, but living each day as if it is our last. Socks are not part of the picture! Adele Blair, BA Sociology/Psychology, MSW Social Work, EST4, enjoyed careers in social work and education. The Scrivener | www.bcnotaryassociation.ca

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SENIORS

The Name Game

he coffee shop in the centre of town was a busy place in the mornings. Seniors, retired people, stay-athome moms, and the night-shift crew would all bustle in for a cup of coffee and the latest news. It was often said that if you hadn’t heard it at the coffee shop, it wasn’t true. The following story unfolded one day as I spent time with a cluster of elderly ladies. Name That Game We were catching up on each other’s lives when Ethel said, “Remember that game we used to play?” “What game was that?” I asked. “Oh, I can’t remember the name of it, but it was a lot of fun. Try to remember, Alice; we used to play it over at what’s-her-name’s house.” Alice thought for a minute and said, “I remember playing the game but I can’t remember the name of the lady where we used to play it.” “I remember her! I haven’t seen her for ages,” Dorothy piped up. “She used to live down the hill, ‘round the corner, and a couple blocks north.” “Yeah, that’s the one. I heard her husband is in the hospital. Cancer, they say. I guess he’s not doing very well,” said Sylvia.

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Joyce Helweg

“Oh, I hadn’t heard that,” said Ethel. “When did that happen?” “Don’t rightly know, but I heard they weren’t in very good shape financially. Someone said they had invested all their money in one place, the outfit went bankrupt, and they lost everything,” said Alice. “How come we haven’t been over to visit her for so long?” said Ethel. “I don’t know,” said Dorothy. “We should buy her some flowers and all head over there for coffee.” “Good idea,” they chorused, as they pushed their chairs back from the table. Alice said, “We can all fit in my van and stop at the store to get flowers on the way over.” The way the conversation had unfolded intrigued me; I didn’t want to miss the end. I bailed into the van with the rest of them for the short trip to the house of the lady whose name no one remembered or the name of the game they played so happily together for years. They drove past the store, not stopping for flowers, missed the turn at the bottom of the hill, and continued on until they reached the edge of town. “Where were we going?” asked Ethel. None could remember. They began to laugh. I wasn’t about to let out the secret. “Well, being as we are all together, why don’t we go downtown and have coffee?” BC Notaries Association

“I heard Jill was having a garage sale,” someone said. Being as they were close to Jill’s house, they made it there before losing their train of thought. They rummaged through the garage sale items, picking up a couple balls of leftover wool, and a pair of hockey pads for a grandson. Then Sylvia spotted something interesting. “Look here, gals; this looks like fun. It’s a Pictionary game. We haven’t played that for years. I’m going to buy it and we can all go over to my house and play it on Wednesday afternoon when my husband is at golf.” “That’s a really good idea, sounds like fun. We haven’t played that for years. Hasn’t this all been such fun today? We should do this more often. We should call what’sher-name and see if she wants to join us.” Sylvia looked down at the cover of the box and studied it for a moment. With a faint flicker of remembrance, she said, “Isn’t this the game we used to play at what’sher-name’s place?” That fleeting moment to remember had left her straggling behind. She stood on the side of the road as she watched the group drive away without her. s Joyce Helweg is a retired BC Notary in Fort St. James. Volume 30, Number 2, Fall 2021

SENIORS

How I Became a Senior and What I Have Learned So Far

hen first asked to write an article about seniors, I thought I really did not have much to say about the topic other than I am one.

I would far rather travel, pickle some of the produce from my garden, and continue to try to get my body back into optimal shape. Upon further reflection, I began to see I do have something to say. I was a practising psychologist during my work life and taught psychology at Capilano College/ University for 30 years. In 2004 I retired, severing my professional connection with the College of Psychologists of BC. At 59, I did not see myself as a senior . . . I was way too young. In my early 60s, however, I came to see myself as older and a true senior. First I noticed more people addressing me as “sir.” Then I got discounts on meals and travel. Physical aches and pains made themselves known in a strong way and currently, I have lost my capacity to remember people’s names and I struggle with words . . . nouns in particular. One more thing, hearing a child screaming loudly near me is almost my undoing. Hearing aids only make it worse. Volume 30, Number 2, Fall 2021

Paul Avery

As a 76-year-old, I am still looking for new things to learn and do. I joined the Eldercollege “What’s News” Program and was impressed with the level of our discussions. Other courses included Cinema Salon, Book Club, Crime and Justice, Iran Demystified, and a hiking group—a bright note for me during the pandemic. I found the course participants intelligent, funny, and honest and I have made some new friends. With them I see a willingness to share and argue constructively and enjoy our differences in background and viewpoints. Those seniors like to engage with others. For the last 6 years, I have volunteered in the palliative/ oncology areas at Lion’s Gate Hospital as a link for the patients and their families to the treating doctor. I was not doing so as a psychologist but as a supportive listener. What have I learned from the volunteer experiences? Many of the seniors I have met are resilient and determined to do the best they can while they can; they value open, honest, and warm conversations. In spite of some physical and mental limitations, they want to be understood. The Scrivener | www.bcnotaryassociation.ca

Many cancer patients enjoy discussions about their family, pets, gardens, hobbies, and interests. They like to be seen and treated like a person, not just someone with an illness. I have learned to talk to the person and not the disease. Of course I will talk about the illness should the patient want me to do so but I often remind the patient that I am not a doctor, even though apparently I look like one . . . it is the grey hair and wrinkles, I suspect. I am reminded of the power of John Prine’s song, Hello in There, showing the power of looking into an older person’s eyes and saying, “Hello in there, hello.” If you have never heard the song, please give it a listen; it has a powerful message about how important acknowledgment and contact are to a senior. As a 76-year-old, I am still looking for new things to learn and do. I enjoy conversations with others, especially those who have a positive style. I feel at home when I see them lose their words, too. I enjoy being with others and trying my best to do whatever it is I set my mind to do. I am still exercising daily, looking forward to openly travelling again, and finally pickling my garden vegetables. s Paul Avery is a reader of The Scrivener. TABLE OF CONTENTS

SENIORS

Ageing Positively Sometimes I do standup comedy. I am a semi-professional storyteller.

ach of those demanding activities has a guideline— “Talk about what you know, put yourself into it.” These days what I know and want to talk about is ageing and ageism and internalized age-o-phobia. With storytelling and standup, I don’t want to fall into the dreaded ageism—the putting down of myself and other older people—I just turned 78—and making fun of us and devaluing ourselves. It’s fine to have a sense of humour about difficult things and I don’t want to be caught in a trap of denial—like lathering on the creams and makeup or peering at myself with distaste as I face the mirror each morning or check my reflection in windows during my frequent jogs. I don’t want to spend diminishing time, money, and energy trying to reverse the slowing footpace, the aching feet, the dread of facing another North Vancouver hill rising before me. It’s not easy being a fighter against ageism when is it so embedded in the way many of us think, no matter our age or gender! Some cultures value age, respect the aged, and quake at the thought of disapproval from their seniors. I’ve decided to focus on the positive sides of ageing and to talk about them—in comedy and

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the serious stories I tell at various events, much of them on Zoom today. When I told my “agent” about that decision, she (at 65) said, “Well, that’s going to take about 90 seconds!” We laughed wryly, with little eye rolls. Yes, there are positive sides. If you’ve lived a long time, you’ve had a chance to do many different things. Ageing has given me time to win and lose, to have a good income, and to fear becoming a bag lady. Ageing has given me deep friendships, although it can be harder to remember last names. I’ve developed strategies for dredging up the name in the first few seconds. Sometimes I rehearse beforehand—is it Haloran, Highsmith, Henry? I know it started with an “H”!

Marylee Stephenson

put-down way. It involves our internalized ageism. The devaluing of age is so deeply embedded in our hearts and minds. Older people live with being the butt of jokes but a smile or laugh can arise from the situation. I was jogging along near the end of a 4-mile shuffle and came to a school crossing-zone. The guard was distracted so I launched into the street, causing a car to take mild evasive action. As he drove off, the driver yelled—“hey, you’re old enough to know better!” I had to laugh. He was so right. In one comment, he’d admonished and derided me, even on an ageist basis, yet made an excellent instructive point.

The important thing is to think of ageing as learning a new language, a new community, a new country even! That’s hard but it’s exciting. What do I say to people I know but don’t exactly remember? My new skill is to say, “Hey, I know you, but from where?” I have many lives—performing, teaching, birdwatching, and community groups here and there. People answer—“I saw you at the theatre when you did . . .” And it all falls into place.

My daily fight against internalized ageism and my continuing work toward selfacceptance and living Age Pride happens every morning. As I reach for the toothbrush or pull the brush through my hair, I say—“hey, looking good, Marylee.” I do that whether it’s accurate or not. After all, I am calling the shots— it’s me setting the beauty and fitness standards. And it works! I realize that at that time of day I don’t have my glasses on, but beauty and self-respect are surely in the eyes of the beholder. And that beholder is me. s

I do have to turn humour on myself at times, but not in a cruel,

Marylee Stephenson, PhD, is a loyal Scrivener reader.

BC Notaries Association

Volume 30, Number 2, Fall 2021

SENIORS

Satisfied Senior Roy Cammack

s I approach my 75th year on this planet, my heart and head are filled with many emotions and memories. On the emotional side, I have an ever-growing feeling of pure satisfaction with what has been accomplished.

From the humble beginnings with my first Notary partner Joyce Alp, my 38+ years as a Notary occupied more than half my lifetime. Many clients, staff, and others crossed the threshold of the office.

work my 4 to 12 afternoon shift at the hotel. Working 80 hours a week plus travel left little time for family . . . and that is a real regret. Those times can never be recaptured

Roy as Doorman of Vancouver’s Pan Pacific Hotel

Now retirement has allowed me to savour the good times and the benefits of the job. Of course I worked in many other positions, but the Notary office was my pride and joy. Over the years, all my family worked there. My wife Dawn, office manager for 30 years, contributed greatly to our success; my 3 sons (and their mother); 3 step-children, nephews, nieces, in-laws; clients, their children, and our friends have all worked in the office. Even after being together in tight quarters and stressful circumstances, we all still get along nicely!

Dawn and Roy

The office proved successful and was very respected. That gives a feeling of pride and resultant satisfaction . . . it also provided us with a comfortable lifestyle.

Roy with Notary Joyce Alp

Volume 30, Number 2, Fall 2021

Not an easy ride to start because business was very slow, I worked two jobs. I went into the office from 7 to 3 and ate my lunch in the car on the way downtown to The Scrivener | www.bcnotaryassociation.ca

Having previously worked in several areas—paper carrier, drugstore delivery boy, labourer, supermarket clerk, teacher, office clerk, hotel doorman, and finally Notary Public—allowed me to establish long-lasting friendships and create many wonderful memories that give me a feeling of pride and satisfaction.

Roy with Gordon Hepner

I am very pleased to have been able to transfer my Notary practice to the hands of my new partner Gordon Hepner, who now works diligently to carry on the established Notary tradition. So as I move on down the line into my “senior-hood,” I look back with a warm smile and sincerely cherish my family, my friends, and my former staff and clients every single day. We do not know what tomorrow may bring. s Roy Cammack is enjoying glorious retirement with his wife Dawn! TABLE OF CONTENTS

Services a BC Notary Can Provide

SENIORS

Generational Love Crystal Wong and her Por Por, Shue Yun

am the first granddaughter for my maternal grandmother (por por in Cantonese) and was always surrounded by very loving aunts and uncles. My parents both needed to return to work full-time shortly after I was born, so for the first 3 years of my life, my por por and I spent most days together.

is Right with Bob Barker. Although my grandmother was an immigrant from Hong Kong with very little English, we would love to yell out prices at the TV and always got excited at the game of Plinko. Fast-forwarding to 2014, I read they were taking The Price is Right on the road and coming to Vancouver to perform at the Hard Rock Casino! I immediately purchased two tickets and surprised my por por with an evening out. Although it had been 25 years since we had watched the show together, it felt just like our good old times.

I have vivid and happy memories of my daily routine as a young Today, I’m child with the mother my por por. of two and We usually my por por started the gives both my day with children just homemade as much love congee for and attention breakfast, as she did then she’d put me in a to me when stroller and I was a child. we’d take a The only Three generations growing together trek over to difference the local playground. is that they call her tai por (greatEven the route to the playground was memorable. I remember the big hill . . . as I went “wheeee” down the side, an unseen dog barked from a balcony. The playground was always shady and there was a swing across from the tennis courts.

grandmother). That brings her the greatest joy of all!

In the afternoons, we’d have lunch together and watch The Price

Crystal Wong is a reader of The Scrivener.

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We are very blessed to still have my por por in our lives. Her wisdom, experiences, and stories are being passed on to the next generation. s

BC Notaries Association

Notarization/Documents Affidavits for All Documents required at a Public Registry within BC Certified True Copies of Documents Execution/Authentications of International Documents Notarizations/Attestations of Signatures Personal Property Security Agreements Statutory Declarations Personal Planning Estate Planning Health Care Declarations Powers of Attorney Representation Agreements Wills Preparation Wills Searches Travel Authorization of Minor Child Travel Letters of Invitation for Foreign Travel Passport Application Documentation Proof of Identity for Travel Purposes Business Business Purchase/Sale Commercial Leases and Assignment of Leases Contracts and Agreements Property Matters Easements and Rights of Way Insurance Loss Declarations Manufactured Home Transfers Mortgage Refinancing Documentation Purchaser’s Side of Foreclosures Refinancing Residential and Commercial Real Estate Transfers Restrictive Covenants and Builders Liens Subdivisions and Statutory Building Schemes Zoning Applications Marine Marine Bills of Sale and Mortgages Marine Protests Some BC Notaries provide these services. Marriage Licences Mediation Real Estate Disclosure Statements

There are Notaries to serve you throughout British Columbia For the BC Notary office nearest you, please call 1-604-676-8570 or visit www.bcnotaryassociation.ca. Volume 30, Number 2, Fall 2021

ORIGINAL RECIPIE

Our Family’s Favourite Cookie Cream together.

Add.

1 cup butter 1 cup brown sugar 2 eggs

½ cup chopped pecans (or more, if desired)

ix until creamy and smooth. M Then add 1 tsp. vanilla

2 cups semi-sweet chocolate chips

Sift into mixture.

When fully mixed, drop teaspoons of dough onto cookie sheets lined with parchment paper.

1½ cups flour 1 tsp. baking soda 1 tsp. salt (use ½ tsp. if butter is salted)

Stir until well blended. Susan Mercer is a retired BC Notary who practised in Sidney.

Volume 30, Number 2, Fall 2021

2 cups large-flake oatmeal

Bake in preheated 350° F oven for 12 minutes. Gently remove to wire rack, to cool.

Delicious!

The Scrivener | www.bcnotaryassociation.ca

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SENIORS

Wonderful Help for Seniors

very day we are here on Earth, we grow.

“Seniors” is a topic very near and dear to my heart. I became interested and passionate about seniors because of my dad, a single man who lived on the money he received from his CPP and OAS; I have no idea how he did it. He finally received some relief for his rent and was happy with his life. When he passed in 2013, I wanted to find a way to give back to that age group and was lucky to find the Seniors Services Society of BC (SSS). In 2014, I participated in the SSS’s “Santa for Seniors” program in New Westminster. Participating retailers display Christmas trees with paper decorations each bearing a senior person’s name, plus a few items for that person under the tree. It was heartbreaking that seniors had asked for things like

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nonperishable food, nightgowns, pajamas, and treats for their pets. Other requested items were shampoo and deodorant. That was a true eye-opener for me. Through my work at the Real Estate Institute, I met Mercedes Wong, who is an REIBC member and a Director on the Board of Mercedes Wong SSS. After a great conversation, I applied for a seat on their Board, was elected in 2015, and have been part of the organization ever since. The Society has a number of programs to assist seniors with housing needs, tax forms, groceries, medical appointments, dinners-out once a week when we could, calls to the-lonely-and-isolated to say hello, and of course the Santa for Seniors program. The SSS organization has a small-yet-mighty staff that works diligently with seniors to assist them BC Notaries Association

Brenda Southam

through the myriad paperwork some seniors must complete—or just be there to say hello. As we move into our coming years, we are looking at changing the term “Seniors” to “Mature Adults” . . . it seems less of a stigma. It’s crazy to me that we work so hard all our lives—then as we get older we are forced to stop doing what we love or whatever because of an age number. Let’s get rid of that stigma. If we are capable, we are capable . . . it doesn’t matter what age we are. In my second term as President of SSS, I am honoured to be part of this great organization that assists so many. I look forward to making changes in the way the SSS systems work so we can help even more people and that a lack of funding doesn’t stop the good work. If you don’t know SSS, check us out at www.seniorsservicessociety.ca. s Brenda Southam, CAE, is Executive Officer of the Real Estate Institute of BC. Volume 30, Number 2, Fall 2021

NOTARY CLASS OF 2021 INSTALLATION CEREMONY

In the Supreme Court of British Columbia BEFORE THE HONOURABLE CHIEF JUSTICE HINKSON

Photo credit: Dave Roels

I pledge myself to the advancement “My Lord, good morning, of the notarial profession in British Columbia I’m appearing on behalf by all proper means available to me. I pledge of the 2021 Graduating myself to seek and maintain an equitable, Class of BC Notaries. Thank honourable, and cooperative association you for presiding over with fellow members, other practitioners, The Honourable the ceremony. We are and with all others who may become a part Chief Justice Hinkson Quang Duong all pleased to be able of my business and professional life. to attend through the use of videoconferencing I pledge myself to place honesty and integrity above technology during these difficult times. all else and to pursue my practice with diligent study “My Lord, it’s my pleasure to present to you the Notary candidates attending virtually from all over the Province. Also attending with us today are two executives from The Society of Notaries Public of British Columbia—John Mayr, Executive Director of The Society, and Marny Morin, Secretary of The Society. John Mayr “This is usually an occasion when family and friends of the candidates are able to attend. Although all their loved ones may not be able to share in this moment due to the virus, I know the candidates are thankful for the support Marny Morin they have received to reach this point in their education. “After a rigorous selection process, the candidates have done what is required in their preparation to become Notaries in this province. They have successfully completed a 2-year Master of Arts in Applied Legal Studies (MA ALS) Program delivered by the School of Criminology at Simon Fraser University and have passed the prescribed statutory examinations. “My Lord, at this time I would like to deliver the pledge of The Society of Notaries to the candidates. Volume 30, Number 2, Fall 2021

and dedication in order that my service to my clients shall always be maintained at the highest possible level. I pledge myself to comply with the principles and objectives of The Society as set forth in its bylaws, rules, and code of ethics and professional conduct. I do swear that I will not make or attest any act, contract, or instrument in which I shall know there is violence or fraud, and in all things I will act uprightly and justly in the office of a Notary Public, so help me God. “I will now read each of your names and ask that you state, ‘I so pledge.’ ”

New Notaries 2021 Mojdeh Afifi

Pamela Suzanne Lemon

Sharon Kaur Atwal

Elisabeth Yin-Shi Lee

Gulane S. Bhanwar

Geneva Lynn O’Connell

Alisha Christianne Dagenais

Tracey Angela Peet

Manreet Kaur Dhami

Brittany Eliese Ratzlaff

Ilia Frolov

Amarjit Aimee Sall

Shiva Ghayemghamian

Rajinder Singh

Harshandeep Kaur Grewal

Julia Aleksandra Trela

Sally Houghton

Zhi Hua Wang

Wiebke Imsel

Yan Zhou

Blair Michelle Lawson

The Scrivener | www.bcnotaryassociation.ca

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“

I want to congratulate you on the successful completion of your studies and training to become members of The Society of Notaries Public in the Province of British Columbia. It is no small accomplishment, and it is an accomplishment of which you should each be very proud. And so, too, should your friends and family, some of whom I hope have joined us virtually today. They have sacrificed and supported your efforts and cannot be overlooked or forgotten, even today.

“This is the second year the pandemic has robbed new Notaries of the opportunity to participate in person in this ceremony. The result is that you miss the camaraderie that accompanies these kinds of events; it’s unfortunate but that’s simply what faces all of us at the present time. “I think this is my 8th year sharing the Installation Ceremony. I can say that it’s an event in my calendar that I truly enjoy. It’s important that your ancient and honourable Society is renewed each year with individuals such as yourselves, from a wide variety of homes and ethnic backgrounds and life experiences that weave together the fabric of our society and are so important in shaping our country. “I reviewed your qualifications and your letters of reference and I must say you’re an impressive group. Most, if not all of you, have already had careers and other callings. I noted one of you has been

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“I wish you all the very best for your professional and personal lives. Enjoy today and then move ahead with your work tomorrow. As I’ve said, I congratulate you on your accomplishment and I have one final task, and it’s a statutory obligation, so I’ll read to you the part of the statute.

The Honourable Chief Justice Hinkson

involved in Girl Guiding, which has been a source of particular pleasure for my eldest granddaughter. One of you, like one of my daughters, was a dental hygienist. At least 3 of you come from accounting backgrounds, 1 from a background in astrophysics, and 1 worked for another judge in my Court. One of you is an accomplished outdoor enthusiast. “You represent that part of our community that gives. You’re teachers, parents, and community activists. I hope you will always be able to represent that which you represent today, and that you pledged to adhere to today: Honesty, integrity, and cooperative association with fellow members, other practitioners, and with all others who may become part of your lives. “Your pledge is more than ceremonial. It must guide you throughout your careers. A reputation is something that, as you know, is hard-won but is something that can be easily lost if you fail to follow your moral compasses. The public, which we all serve, is entitled to our best efforts and our dedication to their interests and we must never lose sight of the great trust that has been placed in each of us. BC Notaries Association

“Pursuant to section 11 of the Notaries Act, having taken your oath of office and upon being satisfied that you have satisfactorily passed the required examination and paid the prescribed fee, you are now to be enrolled by the Registrar as a member of The Society of Notaries Public of British Columbia and entitled to practise as a Notary Public.” A Virtual Reception for family, friends, and special guests immediately followed the ceremony.

The Award Winners were Named at the Reception. SFU MA ALS Highest– Mark Award: Wiebke Imsel Stan Nicol Award Highest Mark Notarial Procedures: Wiebke Imsel Stan Nicol

Dr. Bernard Hoeter Award Highest Mark in Statutory Exams: Wiebke Imsel

Dr. Bernard Hoeter

Robert Reid Award Highest Mark in Property Law: Elisabeth Lee Robert Reid

The Award Winners each received a cash prize and a plaque. s Volume 30, Number 2, Fall 2021

VALEDICTORIAN SPEECH

Virtual Congratulations, Cohort 12, 2021!

ood afternoon, Association members, family, friends, and Cohort 12 colleagues. I am honoured to represent the Notary Class of 2021. We are very grateful to be a part of this day.

parenting, growing families, getting married, losing family members, travelling across the province to meet the requirements, losing jobs, unexpectedly homeschooling, and enduring lockdowns.

We are the first “COVID Cohort” to obtain a Master of Arts in Applied Legal Studies (MA ALS) Program and become members in good standing of The Society of Notaries Public of British Columbia.

The Cohort 12 table at the next in-person Conference will be a long-overdue reunion.

Although the stumbling blocks have been plentiful, we have come to the end of our academic and practical-training journey; the pandemic has had its moment. It was front and centre for so many aspects of this Program. Now it is time to focus on what we have collectively overcome and achieved in the last 2 years. Let us take this moment to celebrate our wins! Congratulations on becoming BC Notaries, on finishing the rigorous education and training schedule—while working, Volume 30, Number 2, Fall 2021

Congratulations on forming friendships and an incredible camaraderie over social media and messaging platforms. The bonds formed here are strong and long-lasting. We may not have spent a lot of time in each other’s presence, physically, but we have been supporting each other as much, or more than, people who have created bonds face-toface. Our small group has stayed relatively the same since day one. I am truly excited to pick up where The Scrivener | www.bcnotaryassociation.ca

Geneva O’Connell

online chats have left off and we can meet in person. The Cohort 12 table at the next in-person Notary Conference will be a long-overdue reunion. Congratulations on pioneering and overcoming the uncertainty around every corner, coupled with classroom and exam format changes, in-person training that became “Zoom School,” and individually invigilated statutory exams . . . especially to those who won the awards today. You triumphed over an added layer of difficulty! In the sage words of Maya Angelou, “You may not control all the events that happen to you, but you can decide not to be reduced by them.” I believe that is an accurate description of our time together. On behalf of the Cohort, I would like to thank the many people from our journey who helped us along the way. Thank you to the MA ALS professors who changed and adapted with us and for us, TABLE OF CONTENTS

with a special thank you to Dr. Margaret Hall for being so gracious, understanding, and flexible. She was new to the Program with us but took charge in her calm and confident way that we truly appreciate. Thank you Marny Morin, John Mayr, and the training Notaries at The Society for navigating us through a new set of norms; their extra planning and logistics efforts enabled us to seamlessly execute the tasks necessary to reach our commissioning. Many thanks to the Supreme Court for conducting a virtual commissioning. We are grateful to become Notaries in a time when the traditions of the Court needed to be amended to facilitate the start of our chosen profession. Thank you to the Notaries across the province who agreed to mentor us during uncertain health measures and unusually busy office times. We appreciate your dedication to furthering the education and growth of the profession. Last, a heartfelt thank you to our families who supported us . . . mentally, emotionally, financially, and otherwise . . . very special cheerleaders and supporters. Your grace and love have been invaluable. I wish everyone in the Cohort much success and happiness in future notarial endeavours. I hope we stay connected and committed to supporting and cheering each other in the days to come as we have during the Program. “Cheers” to what was Cohort 12 and is now the newest group of Notaries Public serving in and for the Province of British Columbia. s Geneva O’Connell is opening a Notary practice in Dawson Creek, BC.

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BC Notaries Association

Volume 30, Number 2, Fall 2021

PROFILE OF A BC NOTARY

Showcasing the Winner of the Prestigious Dr. Bernard W. Hoeter Award Year 2020

BC Notary Robyn Friesen

ith my parents and older sister, I grew up in the small city of Port Coquitlam. As a child I had several career aspirations including interior designer and hairdresser but, when I watched the movie Legally Blonde as an 8-year-old, I felt inspired to become a lawyer. I pursued my goal of becoming a lawyer as I studied my undergraduate degree in Criminology at Simon Fraser University. In my second year at SFU, I started working for Cheryl Bennewith, a Notary Public in Maple Ridge. The more time I spent with Cheryl, the more interested I became in the areas of practice of a BC Notary, particularly Personal Planning. One Summer while Cheryl was on vacation, her close friend and fellow Notary Jacqueline Tait was roving for her and we had a candid Volume 30, Number 2, Fall 2021

With friends/fellow Notaries after our commissioning ceremony

discussion about the MA ALS Program—Master of Arts in Applied Legal Studies. After speaking with Jacqueline, I was convinced that becoming a Notary was the right path for me. As I worked through the MA ALS Program at SFU and the practical training at The Society of Notaries Public, I was fortunate to have Cheryl guide me along the way. She taught me so much and always encouraged me to put school first. The Scrivener | www.bcnotaryassociation.ca

During the Program I suffered a severe concussion playing soccer. Although it was devastating to be injured doing something I loved, I knew I had to push through and finish school. It was difficult to continue working and studying to get through the final exams while recovering, but the hard work paid off. I was relieved to have passed the final exams, so you can imagine how surprised I was to hear I won the Bernard W. Hoeter Award for achieving the highest total mark in all the statutory examinations.

With Jacqueline Tait (L) and Cheryl Bennewith (C)

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I was commissioned (via Zoom) as a Notary in 2020 by the Honourable Chief Justice Hinkson—a very exciting day I will never forget!

Running the Parksville office for Robbins Notaries has allowed me to experience the best parts of being a Notary. We have a terrific group of support staff and I would be lost without Daryl and our team! In my free time I love to explore Vancouver Island and visit the many beaches and hiking trails. As a proud member of the Rotary Club of Parksville, Oceanside Women’s

Business Network, and Parksville Chamber of Commerce, I do my best to get involved in the local community. I am so happy I made the decision to become a BC Notary. There is nothing more rewarding than having a client leave my office with a smile! I had an amazing support system throughout my journey and look forward to many years in this rewarding profession! s

With my family

After some time working as a Notary in Maple Ridge, I made the decision to move to Parksville for a slower pace of life. In February 2021, my partner Liam and I packed up and moved to Parksville with our rescue dog Toby; we haven’t looked back since. I started working with Daryl Robbins Notary Public.

WESA has made sweeping changes.

Trevor Todd is an old hat (and trusted expert) at estate litigation who believes the new law is a game-changer- for his business and for your inheritance. Call Trevor to get a jumpstart on the changes. He knows them inside and out. Plus he loves to listen and to talk- a lot.

With Liam and Toby at Rathtrevor Beach

Moving to Vancouver Island was the best decision I have ever made. I love it here and can focus on my health while working under the guidance and support of another Notary, with the bonus of taking Toby to work with me every day!

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BC Notaries Association

Volume 30, Number 2, Fall 2021

2022

FEBRUARY CONTINUING EDUCATION PROGRAM

Provincial Health Orders and COVID restrictions permitting, the Annual Conference in February 2022 will be an in-person event including 10 CE credits. If we are unable to host an in-person event, the Annual Conference will be reformatted to a virtual event on the same dates. In any case this will not be a hybrid event. Clearly the situation is very fluid. We will communicate any changes to our planning as we move forward. The BCNA will continue to host several virtual Continuing Education opportunities throughout the year. More information on the Conference program and Continuing Education Credits to follow.

Conference Registration to open soon. For Hotel Room Bookings please contact the Sheraton Wall Centre, Vancouver

Volume 30, Number 2, Fall 2021

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THANK YOU TO OUR 2021 SPONSORS PLATINUM

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BC Notaries Association

Volume 30, Number 2, Fall 2021

Continuing Education NOVEMBER 2021

Topic:

Central File – An Opportunity for BC Notaries to Help Clients Plan Better and to Create Passive Income

Presenter: When: Time: Where:

Zoë Stevens Wednesday, November 10, 2021 12 noon Zoom

Description Central File is a locally made, high-quality, and durable binder used to store essential information, in one place. We know that details get fuzzy over time and that paperwork can be overwhelming. Central File solves the age-old problem of clients forgetting specific details over time and is designed to be easy to use. Creating with personal planning in mind, there are tabs to file copies of Wills, Powers of Attorney, and Representation Agreements. BC Notaries can purchase Central File binders at a wholesale price, to use as a promotional item or to create passive income. Reward clients with a gift they can use for their lifetime or offer Central File for sale as a simple way to augment revenue. Central File is a new and easy way for trusted advisors to deepen practice expertise and instill confidence while helping clients learn a better way to manage their essential information. Presenter Zoë has been commissioned as a BC Notary since 2005. She has a Bachelor of Business Administration, a Diploma in Criminal Justice, a Diploma in Management Systems, and a Certificate in Advanced Studies in Business. Zoë created and trademarked Central File in 2018 to give her clients an easy way to manage their essential information and to create passive revenue. Zoë lives and practises in the beautiful city of Salmon Arm.

Volume 30, Number 2, Fall 2021

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Continuing Education NOVEMBER 2021

Topic:

Dixon Mitchell - Charting our own green path: DM’s approach to ESG evaluation

Presenter: When: Time: Where:

Don Stuart, CFA, EVP Wednesday, November 24, 2021 12 noon Zoom

Description Join Dixon Mitchell to learn about their Environmental, Social and Governance Factor Integration to their investment process.

Presenter Don Stuart, CFA EVP. A CFA charterholder and a graduate of both the University of British Columbia and the University of Copenhagen. Don began his investment career in 1993 with a national bank-owned investment dealer, where he honed a broad range of skills spanning the full spectrum of wealth management. In 2000 Don joined Dixon Mitchell shortly after the firm’s inception to work in the areas of client relations and strategy development. Today, Don sits on Dixon Mitchell’s Investment Committee and serves as liaison to independent financial planners, investment advisors, and institutional contacts. Don also reviews portfolio structure and contributes to the evaluation of recommendations put forward by the firm’s analytical team.

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BC Notaries Association

Volume 30, Number 2, Fall 2021

Continuing Education DECEMBER 2021

Topic:

The Benefits of E-conveyance – Streamline your Real Estate transactions for Maximum Efficiency

Presenter: When: Time: Where:

Coreen Blackley Wednesday, December 8, 2021 12 noon Zoom

Description Populating file data in a Purchase file matter Econveyance integration with Stewart Assyst for importing of mortgage instructions. Econveyance integration with LTSA for due diligence and web-filing Econveyance integration with FCT for seamless Title Insurance ordering Econveyance firm reports and opportunities Presenter Coreen Blackley is a Customer Success Manager for Dye and Durham supporting our Econveyance clients in British Columbia. Coreen has 10 years of experience working as a Real Estate Conveyancer

Volume 30, Number 2, Fall 2021

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THE NOTARY FOUNDATION OF BC

Johanne Blenkin

APPOINTED TO THE NOTARY FOUNDATION BOARD OF GOVERNORS

he Notary Foundation of British Columbia is pleased to David Eby announce that the Hon. David Eby, QC, Attorney General and Minister Responsible for Housing, appointed Johanne Blenkin to the Board of Governors for a term commencing May 19, 2021, and ending May 19, 2022.

“Ms. Blenkin is an outstanding addition to our 11-member Board; her impeccable credentials and experience in legal education and justice will be invaluable. “Her present role as David Watts Director of the Access to Justice Centre for Excellence, and her previous roles as Executive Director of the University Neighbourhoods Association and CEO of the BC Courthouse Library Society have given her a depth Johanne Blenkin of experience that will be a real asset to the Board,” stated David Watts, The Notary Foundation Chair. Established in July 1985, The Notary Foundation supports legal aid, legal resources, and legal education in British Columbia. More information may be found at www.notaryfoundation.ca.

The Notary Foundation of British Columbia works with interest generated by BC Notaries’ Trust Accounts and received from our financial industry and other partners, to promote education for BC Notaries and the public, foster legal research, support law libraries, and help fund legal aid in BC. Talk to us if you’re interested in having an impact on those important facets of BC’s communities. Funding and strategic decisions and oversight are provided by a Board of Governors made up of 8 Directors of The Society of Notaries Public, 1 appointee from the Office of the Attorney General of BC, and 2 Governors at Large appointed by the BC Government. Applications for funding of law-related education programs, research, and projects may be made and will be considered throughout the year. For more information, visit our website at www.notaryfoundation.ca.

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BC Notaries Association

Volume 30, Number 2, Fall 2021

THE MiX

ABCLS

The Association of BC Land Surveyors

IS PROUD TO ANNOUNCE THE NEWEST COMMISSIONS

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The Future of Land Surveying in British Columbia Volume 30, Number 2, Fall 2021

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WILLS & ESTATES

Photo credit: Matthew Chen

Racism and Discrimination in Estates Trevor Todd

n the spirit of testamentary autonomy, Will-makers often attempt to impose a condition to a gift and attempt to control

the destiny of property or to dictate the conduct of the donee with regard to it.

bequests contained in a Will, it will be the law of public policy that will pertain much more likely than the Charter of Rights. Public policy has not been limited or added to by the Charter of Rights—they simply co-exist. By its very nature, public policy has an inherent fluidity and has been shown to change over time and, on occasion, change dramatically and quickly—such as the recent public acceptance of samesex marriage and issues related to medicinal marijuana.

There is no objection per se that the testator is allowed to control the destiny of property after death; if the gift imposes conditions or bequests that are deemed to be contrary to public policy, however, then the Courts may intervene to limit or set aside the bequest. Public Policy in Estates Public policy in the Courts is very much an unsung hero in the history of the common law that we inherited. Many social issues for centuries have been dealt with by unbiased, nonpolitical judges asserting their opinions on issues of morality by which the Court intends or expects most of society to abide.

Often, it is left to the Courts to set such policy or, where statutory, to interpret such legislation so as to reflect and determine public morality as society evolves. For example, in the ‘60s the Courts in Quebec struck down much of former Premier Duplessis’s “excessive” legislation by determining it to be void as against Often, it is left to the public policy.

Courts to set such policy or, where statutory, to interpret such legislation so as to reflect and determine public morality as society evolves.

Many of the conditions found to be against public policy are much as one would expect • inciting the commission of crime; • intending to separate husband and wife; • attempting to deprive a parent of a relationship with his or her children; and • racial or religious prohibitions. The addition of the Canadian Charter of Rights and Freedoms in 1982 brought much public focus to the types of decisions that had been made by the Courts for centuries as being “void as against public policy.” Public policy now quietly complements the Constitutional provisions provided by the Charter of Rights. In most legal situations involving questionable

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Public policy decisions are often very political in the sense that the Courts have the inherent jurisdiction to review statutory legislation with respect to legal matters, as well as either lead or follow public opinion. Those situations often lead to conflict between the judiciary and the Legislators, but we are fortunate that our system has such checks and balances. Public Policy and Bequests in Wills Wills often reflect the testator’s character or deeply held beliefs and values; what those individuals regarded simply as free speech, however, may also conflict with acceptable public values. In Wills when conditions are attached to gifts that require the beneficiary to discriminate against persons on the basis of race, creed, nationality, or sexual orientation, the Courts will in most situations find such gifts to be void as being contrary to public policy. Oldfield v. Transamerica Insurance Co. of Canada, 2002 SCC 22, on the issue of conflicting values, stated at para. 77 it is not so much a question of which public policy prevails but rather ensuring that the objectives

BC Notaries Association

Volume 30, Number 2, Fall 2021

of competing public policies be conciliated and that a just result ensues. Wills Variation Cases The leading case on Wills Variation in British Columbia, Tataryn v. Tataryn Estate, (1994) 2 SCR 807, assessed the moral claims owed by a parent to an adult child, stating at paragraph 28 that “in societies’ reasonable expectations of what a judicious person would do in the circumstances, by reference to contemporary community standards.” Public policy, as previously stated, is closely related to contemporary community standards. Even prior to Tataryn, the decision Patterson v. Lauritsen, (1984) 6 WWR 329, varied a Will to provide an equal one quarter share to a disinherited gay son on the basis that homosexuality was not a factor that would justify a judicious parent wisely disinheriting a child.

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In Chan v. Lee Estate, 2002 BCSC 678, the Court varied a Will in favour of Chinese daughters who had been largely deliberately disinherited as the Will greatly favoured their brothers pursuant to Chinese tradition, which was found to be irrelevant and not the way of Canada. Similarly in Prakash v. Singh, 2006 BCSC 1545, the Court varied a Will in favour of the Indo-Canadian daughters where the estate had largely been left to the male children. The Court in Prakash stated, 58. In modern Canada, where the rights of the individual inequality are protected by law, the norm is for daughters to have the same expectations as sons when it comes to sharing in their parents’ estates. That the daughters in this case would have this expectation should not come as a surprise. They have lived most of their lives, and Volume 30, Number 2, Fall 2021

UNSTOPPABLE LEGACY

INCLUDE A GIFT IN YOUR WILL Please contact Yolanda Bouwman at 604 585 5509 or Yolanda.Bouwman@fraserhealth.ca SurreyHospitalsFoundation.com

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their children have lived all of their lives, in Canada. 59. A tradition of leaving the lion’s share to the sons may work agreeably in other societies with other value systems that legitimize it, but in our society such a disparity has no legitimate context. It is bound to be unfair, and it runs afoul of the statute in this province. A similar approach and outcome in favour of four Indo-Canadian daughters occurred in Grewal v. Litt Estate, 2019 BCSC 1154, where a $10 million estate was more equitably divided between the daughters and the two sons. Charitable Trusts In Canada Trust v. Ontario Human Rights Commission, 74 O.R. 481, the Ontario Court of Appeal found that a charitable trust was established to provide scholarships on a discriminatory basis, and held that the trust violated public policy as it was premised on notions of racism and religious superiority. The Court found the trust should not fail and applied the cy-pres doctrine to permit the general charitable intent to advance education to be implemented. The recitals were struck down with respect to the cy-pres doctrine is an equitable rule of construction where the Courts will give effect to the charitable intention of the testator as near as possible when it would be contrary to public policy or illegality to give it literal effect. The trust had been set up to provide scholarships exclusively to white Protestant British subjects, and the amount of income spent on providing scholarships for female students was not to exceed one quarter of the total money available for all students. The Appeal Court commented that public policy is “an unruly horse and should be invoked

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only in clear cases, in which the harm to the public is substantially incontestable, and does not depend on the idiosyncratic inferences of a few judicial minds.” Racist and Illegal Organization Bequests In Canada probably no case has gone further in striking down the provision of a Will than McCorkill v. McCorkill, NBQB 249, where a New Brunswick Court invalidated a large testamentary gift to a neo-Nazi organization. This case is interesting in that while the deceased was free to gift the racist organization all he wanted while alive, the Court ignored his testamentary autonomy, and found the bequest to be invalid as going against public policy because of the beneficiary itself. The Court summarized the neoNazi organization as being “hateinspired, white-supremacist racism, and more generally disgusting, repugnant, and revolting.” The judge went on to state that their publications “constituted a clear violation of the criminal law prohibiting against the willful promotion of hatred.” In addition, the promotion of hatred against groups that the National Alliance deemed nonwhite violated section 319(2) of the Criminal Code. Hence the Court struck the bequest on the basis that such activity promoted by the intended beneficiary contravened Canadian public policy. Spence v. BMO Trust Co., 2015 ONSC 615, set aside a bequest from a black father who had disinherited his daughter as the Court found that the testator did so solely because she had a child with a man who is not black. The Court allowed extrinsic evidence to establish that despite having had a close relationship with the applicant, and no relationship with his other daughter whom he benefitted for many years, there was no other reason for the disinheritance BC Notaries Association

based on the evidence led by the applicant that the deceased had told a witness on several occasions that he disinherited his daughter because the father of her son was not black. The Ontario Court of Appeal found that it was in the interests of society that the Court intervened on the grounds of public policy, and set aside the bequest on the basis of racism. Conclusion Public policy as it relates to discrimination and racism is not determined by reference to any particular statute or province, but is gleaned from a variety of sources including provincial and federal statutes, official declarations of government policy and the Constitution, including the Canadian Charter of Rights and Freedoms. Public policy against discrimination is reflected in the antidiscrimination laws of every jurisdiction in Canada. Those rights have been given a special status by the Supreme Court of Canada in the decision Ontario Human Rights Commission v. Simpson Sears Ltd., (1985) 2 SCR 536. Courts have been reviewing Wills and other documents for centuries when they are questionable with respect to matters pertaining to public policy. The introduction of the Charter of Rights has simply brought more focus to the public that Courts have the power to review offensive provisions of legislation as well as legal documents and testamentary bequests. Recent decisions such as the aforesaid Spence and McCorkill cases indicate the willingness of the Courts to intervene and to continue to expand the concept of “void as against public policy” when and where appropriate. s Trevor Todd restricts his practice to estate litigation. He has practised law in Vancouver for 47 years. Volume 30, Number 2, Fall 2021

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THE APOSTILLE CONVENTION SPECIAL COMMISSION MEETING, OCTOBER 2021

Nyvall, and Esha Whitlam, came from the BC Ministry of Attorney General.

Since its inception, the Apostille Convention has become one of the most successful and highly regarded of the HCCH Conventions. It has been acceded to by 121 Contracting Parties and has assisted millions of people and businesses around the world in the conduct of their cross-border personal and commercial affairs.

The first day of the Special Commission meeting (viz. 5 October 2021) was the 60th anniversary of the formal signing of the Apostille Convention. That anniversary was celebrated with a ceremony during which Indonesia deposited its instrument of accession to the Convention and became the Convention’s 121st Contracting Party and the 156th Party connected to the world-wide HCCH network.

he Convention of 5 October 1961 Abolishing the Requirements of Legalisation for Foreign Public Documents (“the Apostille Convention”) was delivered of the Ninth Session of the Hague Conference on Private International Law (“HCCH”) in October 1960 and was first signed on 5 October 1961, thereby its formal date. The Convention entered into force on 24 January 1965.

The Convention’s general performance is monitored by periodic meetings of the Special Commission on its Practical Operation that are held in the Hague pursuant to Article 8 of the HCCH Statute. So far, Special Commission meetings have been held in 2003, 2009, 2012, 2016, and now in 2021. Special Commission Conclusions and Recommendations (“C&R”) result from consensus reached by participants. While not binding in Contracting Parties, C&R have persuasive authority and typically enjoy high levels of implementation. Due to the pandemic, this year’s Special Commission meeting was held during eight online sessions from 5 to 8 October 2021. Some 350 delegates were accredited to the meeting, drawn from HCCH Member States, Contracting Parties, nonmember States, prospective Contracting Parties (including Canada), Observers from intergovernmental organisations and international NGOs, as well as the team from the HCCH Permanent Bureau headed by the Secretary-General, Dr. Christophe Bernasconi. Canada is currently considering acceding to the Apostille Convention and accredited 26 delegates to the meeting. The Canadian delegation was by far the largest delegation attending the meeting. Four of those delegates, namely, Jaime Armstrong, Rodney Fehr, Tyle

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Peter Zablud, AM, RFD

Once the Convention enters into force for Canada (which will be about 6 or 7 months after accession), the whole of North, Central, and South America will be party to the Apostille Convention.

The Apostille Convention was conceived and born in a wholly “paper” world. Today, as it approaches a seventh decade of remarkable vitality, the Convention operates in an increasingly digital environment. In 2006, the HCCH in joint venture with America’s National Notary Association developed the “Electronic Apostille Pilot Program” as it was called. That program has since morphed into the Electronic Apostille Programme (“e-APP”) conducted under the aegis of the HCCH. At present, over 200 Competent Authorities designated by 41 Contracting Parties have implemented one or both of the e-APP’s components, viz. the electronic Apostille and the electronic Register. The importance of further implementation of the e-APP is now central to the practical operation of the Apostille Convention in the digital era. Accordingly, the Special Commission meeting devoted the significant part of its deliberations to the operational aspects of the e-APP and its central role in the future of the Convention. It is to be hoped that once Canada accedes to the Apostille Convention, the accession will be accompanied by a commitment to the full implementation of the e-APP. s Professor Zablud attended the Special Commission meeting as a delegate of the Australian and New Zealand College of Notaries.

BC Notaries Association

Volume 30, Number 2, Fall 2021

PEOPLE

Reg Chow, BC Notaries Newest 25-Year-Club Member Notary Reg Chow was commissioned in 1996. Also an Insurance Broker, Reg keeps himself and his staff busy with his uncanny ability to handle multiple transactions simultaneously with accuracy and efficiency. He is experienced, knowledgeable, and very well-liked by his clients; they often do one-stop shopping

at his office for both their Notary and insurance needs. Reg is also a Marathon Runner who has completed the Vancouver International Marathon 26 times, and the Boston Marathon 6 times. His fastest time for 42.2 kilometres was 3 hours, 24 minutes.

Obituary Jack Chow August 7, 1930, to February 9, 2021 Retired BC Insurance Broker and BC Notary Jack Wing Chow passed away peacefully from natural causes, receiving the love, appreciation, and comfort of his wife and children at his bedside at Vancouver General Hospital, at age 90. Jack is survived by Jean (née Lew), his loving wife

of 63 years; his dear well-raised children Roderick, Reginald, Barbara, and Debra; cherished daughters- and sons-in-law Sylvia, Betty, Warren, and Perry; and wonderful grandchildren Jack, Nicholas, Daniel, Juliana, Michael, Melody, and Amber. Back in the 1970s, Jack felt it was good luck to get this phone number—604 669-7777—7 was always his lucky number. Jack was the father and mentor of Notary Reg K. Chow.

Obituary Peter Reimer June 22, 1949, to August 14, 2021 Peter Reimer of Valemount, BC, slipped quietly into the arms of Jesus on August 14, 2021. He fought a courageous battle with gall bladder cancer in the last 6 months. He was an insurance man first and then became a Notary in 1993;

Volume 30, Number 2, Fall 2021

Peter always took a personal interest in doing the best job for his clients. In his spare time, he served on Village Council and on the Boards of several community organizations. Fishing was his primary hobby as well as his way to unwind. He is survived by his wife Pat, 2 daughters, their spouses, and 2 grandchildren.

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PEOPLE

Obituary Kenneth R. Sherk October 4, 1956, to August 7, 2021 Ken passed away suddenly at age 64. He became a Notary in 1983, practising in West Vancouver. A life-long advocate for Notaries, he was twice President of The Society of Notaries, was an Honourary Lifetime Board member, on the Board for over 30 years, and Chair of The Notary Foundation for two terms. Instrumental in developing ProSuite Conveyance Software, widely used by BC Notaries and lawyers, Ken was a founding Director of the World Organisation

of Notaries, now the Common Law Association of Notaries, attended many UINL meetings, and was a member of the London Scrivener Notaries, an honour awarded by the London Court of Notaries and the Worshipful Company of Scriveners. A Board member of REIBC and Holy Trinity Elementary, he coached basketball at St. Thomas Aquinas High and Capilano College. He leaves Marjorie, his loving wife of 42 years, sons Derek and Cameron (M-J), parents Marie and Ronald, a brother and two sisters, and thousands of clients and friends around the world.

Obituary Hans Podzun April 11, 1954 to August 24, 2021 Richmond Notary Hans Podzun passed away after a courageous battle with cancer. In 2020 Hans said, reflecting over his 25 years, “It’s been an interesting 25 years; I feel blessed for the wonderful clients I’ve met and friends I’ve made as a Notary…” The outpouring of condolences and caring comments evidence his view, reciprocated by his clientele and business network alike. Following years as

a local Realtor, Hans enjoyed his notarial career, valuing lasting friendships, learning, kibitzing, and insights gained at the Conference table with his colleagues. For years he personally ensured Santa delivered secret gift baskets to numerous families in the community. Hans was a loyal and true friend, quick to lend a helping hand and offer a kind word. He is survived by his loving wife Colleen, sons Brody (Dana) and Conor; daughters Baily (Graham) and Brogan, and granddaughter Avery.

Obituary Bill Binfet September 15, 1941, to September 11, 2021 A peerless Notary, Bill was a largerthan-life personality defined by his compassion, enthusiasm, and irrepressible humour. His laughter and selfless energy will continue to resonate and comfort his wife and true love Beverley, daughter Paula (Warren), and son James (Faye). Bill was predeceased by parents Joseph and Mae, son John, daughter Nicole, and brother Gordon. He will be missed by sisters Eileen (Greg), Jo, and Gina, and brother Bob (Mae).

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Bill graduated from the University of Oregon with a BSc. In 1965, he and Beverley married in Regina, lived in many Canadian cities, ultimately settling in and retiring from his Notary practice in Penticton. He served on the Penticton School Board, Okanagan College Board, his Parish Council, RCMP Auxiliary, and Rotary. A genuinely loving and kind person, Bill never failed to faithfully support his family and friends and serve his community with passion and dedication.

BC Notaries Association

Volume 30, Number 2, Fall 2021

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Stewart Title’s Business Development Team in BC

Amanda Magee Director, Business Development 604.839.4471 amanda.magee@stewart.com

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