The Canadian Bar Association British Columbia Law Society Meeting Reconvened Lawyers speak passionately about justice
n May 22, 2002, members of the Law Society of BC gathered in Vancouver and in satellite locations across the province to debate resolutions presented by members in response to cutbacks to funding and access within the justice system . The meeting was a continuation of the Special General Meeting of April 12, 2002, which had to be adjourned due to overwhelming attendance by members
Many speakers spoke eloquently and passionately about the urgent concerns of the legal profession with respect to the impact of cutbacks to legal aid and courthouse facilities. Particularly moving were stories from those who work with impoverished and marginalized populations who will be directly impacted by the proposed cuts
Of specific concern to members was the continuation (and increase) of the special tax lawyers' clients must pay, with millions of those tax dollars going to priorities other than legal aid- an act for which Attorney General Plant, while in Opposition, condemned the previous government.
Victoria lawyer Michael Mulligan, speaking to his resolution expressed a lack of confidence in Geoff Plant as Attorney General, said: "We are not here to deal with an individual. W e are not h e re to deal with a mere politici an . We are not here to deal with a line item in the budget. There should be no doubt that the focus .is with respect to his performance in the office of Attorney General."
Phil Rankin, who seconded the motion, sa i d "While I don ' t believe this motion will stop the
diversion of the tax on legal services, I do believe that anything less will be misinterpreted, divide the bar and give aid and comfort to the government to do more harmful things to the legal system "
Geoff Cowper, QC, who strongly opposed the motion, decried it as a personal attack and the resolution itself as incomplete and inaccurate . Mr Cowper was one of a group of senior lawyers who have publicly stated that members of the Law Society should not be seeking censure of the Attorney General.
"I think it was unwise of us to enter into a political fray," said Mr Cowper Vancouver lawyer Kathleen Keating and former Attorney General Bud Smith both echoed Mr. Cowper's concerns. "This puts the Law Society at risk as an independent self-governing body, " said Ms. Keating Mr. Smith added that the Attorney General is not accountable to the Law Society and that it was a mistake to pursue a nonconfidence vote.
In response, Joe Arvay, QC of Victoria expressed his belief that the Law Society meeting- and Mr Mulligan's motion- were a direct result of frustration at the lack of opportunities for anyone to influence government policies and decisions, leaving few, if any, options or forums for those who oppose the government' s plans.
Mr. Mulligan's motions were passed by an overwhelming majority of the more than 1,000 members in attendance. •
Carman Overholt
President 200 1/2002
BC Branch,
Canad ian Bar Association
What To Do About Justice?
The legal profession responds
here is no question : this has been a challenging time for the legal profession. We have been faced with justice system budget cuts, deeply affecting the principle of equal access to justice in BC. The Bar has responded with passion and outrage, seeking every means possible to oppose and mitigate the Attorney General Ministry's Service Plan developed without consultation with the lawyers and judges of BC.
The Canadian Bar Association has vigorously and consistently opposed the cuts to legal aid and courthouses. We are fighting this battle on many fronts:
IN THE MEDIA
We have communicated the concerns of the Bar through all available print and electronic media. The editorial boards of The Vancouver Sun, Times-Colonist and other papers around the province have responded with commentary on the consequences of imposing a 40 per cent cut to legal aid and closing one-third of the fully staffed courthouses in the province. The public has responded with letters of support to the Bar, and letters of concern and opposition to the government.
DIRECTLY WITH GOVERNMENT
I commend the Benchers of the Law Society for initiating the Justice Review Process that has led to meaningful and constructive dialogue between the Attorney General, the judiciary, the Bar and the Law Society. It is in the finest traditions of our profession to seek resolution and to mitigate loss Although the CBA was not initially involved in the Justice Review Process, we were invited to participate as a result of the decision by CBABC Provincial Council to engage in a review with the government to mitigate the harm of cuts to legal aid and courthouse closures. It is important for the Bar to participate fully in any review of the justice system, and the current process ensures that we are represented .
Richard Margetts, QC, former President of the Law Society, is chairing the Committee Peter Leask, QC, a member of the CBA National Legal Aid Committee, is representing the CBABC.
WITH OUR JUSTICE SYSTEM PARTNERS
We are very proud to be working with an exceptional group of justice system partners. The Law Society and Chief Judge Baird Ellan have worked vigorously to protect the public interest and judicial independence. Chief Justice Brenner has contributed his exceptional mediation and administrative skills to the Justice Review process . The CBABC Poverty Law Section and the BC Associations of Community Law Offices and Native Community Law Offices are working tirelessly to convey the urgent consequences of cutting off thousands of impoverished British Columbians from access to legal advocacy. The leadership of the Legal Services Society is seeking, albeit under very difficult conditions, to plan for the future rather than have it planned for them.
Many other groups and individuals are also contributing to the effort to improve access to justice in the future. One of our respected volunteers, Marvin Storrow, QC initiated a letter signed by himself and many other senior and distinguished members of the Bar calling on the Attorney General to reconsider the drastic cuts to legal aid. Peter Leask, QC has devoted countless hours to the Justice Review Process On the government side, Deputy Attorney General Gillian Wallace and Assistant Deputy Minister Jerry McHale have worked to open up a dialogue between the Bar, judiciary and government.
There is an immense pool of talent, skill, brain power and commitment in the legal profession. I believe we have the ability and will to move forward constructively, working together, with purpose, with dignity and with honour, in the name of protecting and improving justice in BC.
The Work of Provincial Council
n this column, I would like to discuss the role and make-up of Provincial Council and bring to your attention one of the important issues that will be discussed at an upcoming Council meet-
ing.
Provincial Council is the legislative or policymaking body of the Branch. Under Branch bylaws, Provincial Council"shall carry on the work of CBABC and advance its objectives." Within the sphere of strictly provincial affairs, Provincial Council has the same powers as the National Council has for the CBA a s a whole .
Council is made up of 60 members elected from the eight BC counties and the Chairs of the Branch's 72 Sections. Council also includes the members of the Executive Committee, consisting of the President, Vice-President, Secretary- Treasurer, Past President, four Officers-at-Large, a Young Lawyers Representative and an Equality Committee Representative.
Also included are a number of non-voting exofficio members including Branch Past Presidents and representatives of other justice system partner organizations, such as the Law Foundation, CLE, the Legal Services Society, the Trial Lawyer's Association, the BC Law Institute, the Courthouse Library Society, and the of the Attorney General. Council meets four times a year, on a Saturday from 9 a .m. to 3 p .m .
In fulfillment of its mandate, Provincial Council deals with a number of important matters For example, a recent meeting in March featured : presentations by the President of the Law Society, Richard Gibbs, QC, on the Law Society's Admission Program Task Force, and Jane Morley, QC, Official Trustee of the Legal Services Society; the creation of a new Branch standing committee on the Business of Law; and a presentation by Dean Joost Blom, QC, on the UBC Law School Academic Plan.
Council will n e xt meet on June 22, and in addition to the election of the Executive Committee and the approval of the Branch' s budget, members will discuss the important issue of whether or not the Supreme Court should continue to make available its Family Law decisions on the Court's Web site
Earlier this year, Chief Justice Brenner wrote to our President, Carman Overholt, indicating the Court's intention to cease publishing Family Law decisions on the Court' s Web site The rationale was the number of complaints the Court was receiving as a result of public access to family law judgments. The sensitive nature of the subject matter and findings of fact that judges of the Court routinely made were cited
This issue raises a number of competing interests On the one hand, there is the privacy interest of the parties to the proceeding. I recently received an expression of concern from a parent whose child had gone onto the Web site and found the decision relating to the child's custody
On the other hand, with the legal aid cutbacks and the increasing familiarity with the use of technology as a research tool, members of the public and indeed our own members see the availability of these decisions on the Internet as an access to justice issue.
Another issue to be considered is the cost and time associated with either introducing a system that would limit access to the decisions or modify the judgments to make the parties less identifiable.
As a practitioner, I expect you may have a view on this issue. If you wish to make that view known, you may either write directly to Chief Justice Brenner or inform your elected Council member of your views, so that they may be presented at the Provincial Council meeting on June22. •
Once is never enough!
If you have changed firms , addresses, have a new e -mail address or phone/fax number, you need to let us know. Letting the Law Society in on the secret is not enough!
Contact us at data@bccba.org, phone 604687-3404 or fax 604-669960 I. (Toil free options: phone 1-888-687-3404 or fax 1-877-669-960 I).
Frank Kraemer
Executive Director BC Branch , Canadian Bar Association
The Honourable Geoff Plant
Attorney Genera l of British Columbia Appointment Policy
An Appointment Policy background paper is posted on the Administrative Justice Pro ject Web site (www gov bc.ca/ajp/rpts).
Comments are invited unt il June 15 , 2002.
Civil Liability Review
he Ministry of Attorney General has initiated a review of the law of civil liability To support this project, we have recently published a consultation paper, entitled "Civil Liability Review." The paper is intended to elicit the views of British Columbians about possible legislative reform in the law of civil liability I would like to thank the CBA for giving me this opportunity to encourage the Bar to participate in this important law reform initiat i ve and to emphasize how important your views are to the success of this project.
The Civil Liability Review affords the opportunity to consider the current state of the law on civil liability, and how it should evolve . In recent speeches to the legal profession, I have posed the critical question: is it time to impose limits on growth? Over time, statutory and common law changes have resulted in the expansion of the scope of civil liability, generally benefiting plaintiffs It is now appropriate to ask whether these developments have adequately taken into account the important factors of predictability, certainty and practicality in the civil justice system and whether a reasonable balance has been struck between the rights of plaintiffs and defendants .
Through the Civil Liability Review I would like t.o address whether our current civil liability regime meets tort law goals in a manner that is fair and rational. The consultation paper identifies the following areas for possible legislative reform:
• the provisions of the Limitation Act;
• • • the principle of joint and several liability in the Negligence Act;
costs under the Class Proceedings Act; the vicarious liability of employers, and the new tests for "scope of employment" ;
• the non-delegable duty doctrine ; and
• structured damage awards
The paper is accompanied by a questionnaire which is designed to assist respondents in providing their views on particular issues of interest However, I would ask that you not limit your response to the particular questions posed Your input is also sought more broadly on recommendations for reform in other areas of the civil justice system.
I wish to emphasize that the Civil Liability Review is intended to be a consultative process, and the government has no predetermined view of what legislative reforms should result This government has recently reaffirmed its commitment not to adopt a nofault system of auto insurance in British Columbia, and no-fault is not on the table in this Review. The purpose of the Civ il Liability Review is to elicit views on the specific areas identified, and any other areas of civil liability identified by respondents as needing reform By publishing the consultation paper, I hope to continue a public discussion with a view to establishing a civil justice system that balances the needs of all litigants.
The Civil Liability Review consultation paper is available on the Ministry of Attorney General Web site (www.ag.gov.bc.ca/liabilityreview), as is a copy of the questionnaire. The deadline for the receipt of comments on the consultation paper has been extended from June 15, 2002 to October 1, 2002, to ensure that all affected groups have the opportunity of full response.
The feedback we receive through the Civil Liability Review will help shape future legislative reform in this important area of the law . I encourage all members of the British Columbia Bar to offer comment, whether individually or through their professional associations . Please take advantage of the opportunity to voice your vision of the future of civil justice in British Columbia. •
The BC Branch sponsors 72 Sections. They play a vital role in keeping members up - todate on changes in the law and aware of legal and political issues affecting a given area of practice They are the main resource utilized by the BC Branch in legislative review, law reform initiatives and in responding to matters affecting the profession What follows is a sample of the recent activities of some Sections
ABORIGINAL-VANCOUVER AND ENVIRONMENTAL JOINT MEETING
Allan Donovan and T. Murray Rankin, QC gave a presentation in a recent meeting on "BC Energy Resources Development: Aboriginal and Environmental Impacts and Issues." Murray Rankin commented on environmental impacts and issues of energy resources development focusing on the BC offs hore prospects The estimated value of undiscovered reserves is as much as $55 billion U.S for oil and $40 billion U.S. for gas If accurate, these projections would make offshore oil and gas the second l argest industry in BC, ahead of logging and forest products . He noted that four phases of the offshore production process carry risks of environmental damage:
(1) During the preliminary seismic surveying o£ the potential resource;
(2) During rig installation and drilling;
(3) During hydrocarbon production; and
(4) In the course of transportation of the oil or natural gas .
Allan Donovan f ocused on Aboriginal issues created by the resou r ce deve l opment. Although such ca se s a s the 199 7 B.C.S.C. Blueb erry River decision indicate ther e is an obligation on the part of government to consult prior to is s uing se i smic exploration permits, many First Nations do not have the
staff or financial capacity to participate in the consultation process . Allan Donovan noted that there is a legal and equitable duty on both government and industry to consult with First Nations prior to engaging in activity impacting lands subject to treaty rights or Aboriginal title . There is also a duty to seek an accommodation with the Aboriginal people
BANKING LAW
John Morrison gave a case comment on Friedmann Equity Developments Inc. v. Final Note Ltd [2000] 1 S.C.R. 842 This Supreme Court of Canada case highlights the importance of sealed contracts, where legislation has not altered the common law rule . (Note: BC legislation alters the rule in certain situations .)
In this case a corporation was created to hold legal title to municipal property as a trustee or agent for the beneficial owners . A mortgage registered against the property was executed in the form required under the Ontario Land Registration Reform Act, 1984 This Act deems documents relating to transfers of interests in real property to be under seal. (Note: In BC we do not have such a legislative provision. See the Property Law Act, R.S.B.C. 1996, c. 37, s. 16) The mortgage agreement was signed by the corporate officer under its corporate seal. The mortgagee commenced an action for a default on the mortgage against the beneficial owners, none of whom were parties to the mortgage . The beneficial owners brought a motion to dismiss the action on the basis that they were undisclosed principals who could not be sued on an indenture executed by their agent under seal. The SCC upheld the dismissal of the action stating that as a general rule an undisclosed principal may sue or be sued on a simple contract e nter e d i nto on his or her beh a lf by an agent. However, the sealed contract rule is a well-established exception to that general rule: when a contract is executed
Shelley Bentley
She ll ey Bent ley is in private practice at G Davies & Compa ny
Committee Volunteers
The deadline for 2002/2003 committee volunteer app li cations has been extended to Ju ne 17, 2002 To volunteer o n a committee send a completed form (available at www.bccba.org) , with ranking of preferred committees that you wish to participate on, to Rose Fabbro at the Branch office.
Section Talk
Continued from page 5
under seal, an undisclosed principal can neither sue nor be sued upon the contract. The exception stems from the rule that only parties to a sealed instrument may have obligations and rights under it. The sealed contract rule operates within a system of rules relating to sealed instruments, all of which are derived from the fact that a sealed instrument is enforceable by virtue of the form of the instrument itself. The sealed contract rule is part of the common law of Canada and applies equally to individual agents and c?rporate agents. Corporate seals, in many cucumstances, are equivalent to the signature of a natural person and so may not be evidence of an interest to create a sealed instrument. Therefore, courts must examine the instrument and the circumstances surrounding its creation to determine intent except when statutory provisions render intent irrelevant, as in this case.
CRIMINAL JUSTICE-OKANAGAN
Dr. Stanley Semrau, a forensic psychiatrist, spoke on the state of mind of those who homicide. He sees a need for change m the law as it relates to state of mind defences in homicide cases. Dr. Semrau noted that current jurisprudence is based on Freudian psychiatry but that modern clinical psychiatry has discredited many of Freud's concepts. He sees three problem areas with the current law:
(1) some current defences, such as intoxication, non-insane automatism sleepwalking, and provocation, have basis in modern psychiatry. Modern psychiatry focuses on the impulse or force of will that triggers the event and not the state of mind of the actor at the time. The defence of insanity focuses on the state of mind and not the impulses that affect behaviour. It can be difficult to reconstruct state of mind at the time of the criminal act because the information gathering process is flawed. The accused and witnesses are seldom spoken to at the time of the event giving time for reconstruction o; fabrication;
(2) Verdicts are all or nothing whereas the mental state of a person and the factors affecting behaviour are complex; and
(3) The sentencing regime is too rigid and does not take into account the complexities of human behaviour.
In place of our current system Dr. Semrau proposed that all psychiatric defences such as provocation be abolished. Instead of 1"1 degree and 2nd degree murder and manslaughter, he proposed that these categories be abolished in favour of one verdict- guilty of homicide. The sentencing proceeding would then become a psychiatric hearing and allow the court the flexibility to review the complexities of each situation. The sentencing hearing should focus on the type of person the offender is and the reason the crime was committed. The sentence imposed should reflect the degree of culpability, and state of mind, such as the level of intoxication of the accused or provocation by the deceased.
LABOUR LAW
Murray Tevlin, counsel for the plaintiff in the recent Supreme Court of Canada case McKinley v. B.C. Tel [2001] 2.S C.R. 161, discussed this wrongful dismissal case and noted that this is a significant time for lawyers who work in this area of the law. The Supreme Court of Canada reviewed the role of work to an individual and analyzed its sociological aspects, emphasizing the vulnerability of an employee at the time of termination and the power imbalance between employer and employee. Wrongful dismissal is no longer about the strict application of contract law .
Mr Tevlin noted three significant issues:
(1) The reasonable notice cap of 24 months has been removed;
(2) A breach of the Human Rights Act may be litigated as part of a wrongful dismissal action so long as the breach is included within the larger action; and
(3) Dishonesty, in itself, is not always just cause for dismissal. The SCC adopted a contextual approach and decided that the test is whether the employee's dishonesty
gave rise to a breakdown in the employment relationship. Just cause exists where the dishonesty violates an essential condition of the employment contract, breaches the trust necessary in the work relationship or is fundamentally or directly inconsistent with the employee's obligations to his or her employer.
MARITIME LAW
Mark Sachs, of Thomas Cooper and Stibbard, delivered an interesting presentation on piracy
in Asia. He discussed the role of the International Maritime Bureau and noted the issues involved where criminal piracy occurs within territorial seas but the particular jurisdictions do little to investigate or apprehend He also noted that at the recent Committee Maritime International Conference a model piracy law was unveiled but a number of Asian nations were not receptive to it. He discussed the recent Chinese government initiatives to crack down on piracy in the South China Sea.
•
Land Title Branch: Prince George LTO Closure
On June 28, 2002, the Prince Geo r ge Land Title Office will close and its records will be consolidated with the records of the Lower Mainland Land Title Office. (The Prince George Land Title Office was amalgamated with Prince Rupert in 1997). On the same date, the Application Receiving Centre at the Government Agent's office in Prince Rupert will stop receiving applications for the Prince George Land Title Office.
On July 2, 2002, all applications submitted to the Prince George Land Title Office (directly or through the Prince Rupert Application Receiving Centre) on or before June 28, 2002, will be dealt with at the Lower Mainland Land
Title Office All applications dealing with titles in the Prince George or Prince Rupert Land Title Districts are to be submitted for registration commencing July 2, 2002, to the Lower Mainland Land Title Office, 88-6th Street, New Westminster, BC V3L 5B3, Tel: 604-660-2595
From July 2, 2002, anyone wishing to contact the Lower Mainland Land Title Office respecting applications or matters pertaining to the Prince George or Prince Rupert land title districts may call toll free 1-866-660-3223 . The contact person for Prince George I Prince Rupert applications is Deputy Registrar Brian Bigras. •
Section Enrolment 2002/03
It's that time again! Watch for the specia l envelope with your 2002/03 Section enrolment form mailed to every CBABC member in mid July Sections provide valuable information on new practice tips and trends, substantive issues and current legal developments. Increase your network of professional contacts at regular ly held Section meetings of which you will be not ified in advance by email or fax When you enrol in any of our 72 Sections you also have access to previous minutes, materials or annual reports on the CBABC web site. Plan to renew your membership!
June 12
June 19
June 22
June 23
June 27
July 4
Aug 10-14
Aug. 19-23
Specia l Meeting of the CBA ( 12:30 p.m., various locations throughout BC)
Executive Committee Meeting (CBABC Boardroom)
Provincial Council Meeting (Richmond, BC)
Committee Appointments Day
VBA/CBABC Golf Tournament (University Golf Club)
New Westminster Fraser Valley Bar 2002 Golf Classic (Guildford Golf & Country Club)
National Annual Meeting (London , ON)
I" Annual Restorative Justice Summer Institute (Langley, BC)
Information on many of the events listed above is available at www.bccba.org. To list an upcoming event or meeting in the Branch and Bar Calendar, contact Sandra Webb at 604-687-3404 (slgwebb@bccba.org).
Letters to the Editor are encouraged we want to hear your views. Send your letters to: Caroline Nevin, BarTalk Senior Editor
CBA, BC Branch, lOth Floor, 845 Cambie Street, Vancouver, BC V6B 5T3
Fax: 604-669-9601 Toll free fax : 1-877-669-9601 E-mail: cnevin@bccba org
A View from the Bench Small Claims Court
IJudge J. Gary Cohen
tis Monday morning and I am sitting in Courtroom 10 today. That means that I am in Surrey's Small Claims Court.
I arrive at work at about 8:45 a.m. to find today' s stack of files on my desk. There are nine applications and two trials set for the morning. The afternoon list is a little lighter with five applications, but another two trials.
The first application is for judgment in default of filing a Reply. I verify proof of service, check if the matter is damages or debt, make myself a few notes and move on. The next one is an application to set aside a default judgment. I note that this is the second default judgment taken against this defendant. The first one was for failing to file a Reply and this second one i s for fai l ing to attend the settlement conference. I make more notes and continue through the rest of the files.
The Small Claims Court clerk is very prompt. I know that I had best be ready on time . Today is no exception; she arrives and we head into court right at 9 :30 a.m.
However, the applications do not go smoothly. At least the defendant seeking to have the second default judgment set aside fails to show up, yet again At 10:30 a.m. I dismiss his application and order that he not file any further applications without first obtaiillng leave from me.
At 10:45 a m we have not yet had our morning break and so I canvass the two trials to see if either would prefer an adjournment. No luck. They both want to go ahead. I have already checked the files and know that one is substantially older than the other. Neither has any other factor entitling it to priority so I order the older one to go ahead. I apologize to the other parties and send them to the judicial case manager. We then stand down for the morning recess.
After the recess I begin the trial. It is a wrongful dismissal case in which the Claimant says that he was fired for refusing to commit an illegal act. He was a property manager who was told to take the door off of a suite while the tenant was still living there with a small child . She was in the midst of a dispute with the landlord who was trying to evict her. That dispute was before the Residential Tenancy Board at the time. She eventually won and the landlord was not allowed to evict her. However, the property manager was fired for refusing to remove the door from her apartment. By the lunch break I have finished the trial, having found in favour of the Claimant
The rest of the day goes a little better and, at 4:45p.m., I have made it through both of the afternoon trials . This is an average day, neither lighter nor heavier than usual.
In Small Claims Court we rarely have lawyers unless it is a motor vehicle accident case While the monetary amounts may be smaller, the issues are just as difficult as are found in any civil court. We have no articling clerks, no research assistants, one secretary for every eight or nine judges and (until recently in my court building) only one networked printer, a floor up and a half block of corridors away.
Despite the lack of counsel to assist us through able argument, and despite the lack of resources to support us in our job, we are expected to give reasoned, legally sound judgments, most often orally at the end of the trial and without time for reflection. We are, by law, obligated to provide litigants with resolution of their cases in a "just, speedy, inexpensive and simple manner." To do so we must schedule, on average, four trials each and every day .
The view from this Small Claims Court bench is exciting, varied and intense.
It is a view like no other.
Provincial Court of British Co lumb ia
David J. Bilin s ky
David J Bil insky is the Practice Manageme nt
Advisor at t he Law Society o f Br itish Co lu mbia He ca n be reached on t he In te r net at db ilinsky@ lsbc.org
The views expressed herei n are str ictly t hose of the author a nd may not be shared by the Law Soc iety of British Columb ia
Long Live the Optimists! Attitudes rule the day
}1
My hands were steady
My eyes were clear and bright My wa lk had purpose
My steps were quick and light
And I held firm ly
To wha t I felt was right
Like a rock l
Words and music by Bob Seger
ur ing a particularly trying day, you take a deep breath and look around you. Reflecting for a moment, you wonder -knowing what you know now, if you had to hire any of your present employees or join any of your present partners- would you? Are there staff members or partners who just seem to make life more difficult for themselves and for all others around them? Personalizing this line of thought, you consider : if you had to be considered for your own job today - would you be? What if you were let go right now from your present position - are there other organizations out there that are just waiting to snap you up? Or would you sink out of sight?
Complainers can spread negativit y like a contagious disease and infect even the most optimistic and productive employees . The ultimate result: dropping productivity along with the slow erosion of corporate culture, even in offices that recently had good morale, according to Michelle Neely Martinez, a contributing editor of HR Maga z ine
It is a sad fact that while pes s imists are more often right, optimists accompli s h more (Cathy Woodgold) . Accordingly, what can we do right now to improve our attitudes and in the process, improve our organizations and take out some insurance for our own personal survival plan?
BE CONSISTENT: Pessimism occurs when interna l standards are not being maintainedw h en company policies and procedures are no t being consistent ly app li ed . A ll staff need to see that everyone is being h eld up to the same standard If certain staff members consistently come in late and leave early, then a perception is being created that work and rewards are being unfairly distributed .
MEASURE UP: Do you do regular performance reviews (for staff and partners alike)? Are you forthright on what your expec t ations are and how people measure up? More importantly, do other peop le (who can and do see what is going on) see that management is actively dealing with the deadwood? This sends a message throughout the entire organization t hat expectations and performance are taken seriously - and rewarded appropriately.
CO MMUNICATE: All too often, staff feel disenfranchised regarding ongoing change Do you involve staff in decisions? Is their input valued or even sought before changes are made? A classic example is in the technology area - since partners feel they are paying for the equipment, they a l so feel that the decision on what to b u y is theirs and theirs alone However, this overlooks the fact that the staff must use this equipment on a daily basis- and can feel belittled and marginalized over their lack of input.
BE UP FRONT: When you come across someone who is complaining, ask them : "What would you do about it?" This technique forces the complainer to change positions from passive complainer to being engaged in seeking solutions. This technique can also serve as an internal check: before making a
Lawyers Assistance Program
LAP provides confidential support, counselling and referrals for lawyers , their families , support staff, judges and students suffering from alcohol and/or chemical dependency, stress , dep r ession or just about any type of persona l problem.
For assistance or information on meetings and resources please call 604685-2171 or toll free 1-888685 -2171
The LAP office is located at 415-1080 Mainland Street, Vancouver , BC V6B 2T4
Practice Talk
Continued from page 9
comment, ask yourself "How would I change this situation for the better?" You can shape others' perception of you as a leader and active problem solver - and a hot commodity to have around
DON'T BLAME: Do you have someone in the office who starts looking for someone to blame when their early-warning radar goes off? Looking for fault may be the purpose of a lawsuit, but it is rarely productive in an office situation. Valuable employees recognize a situation for what it is and start searching for ways to improve it.
PRACTICE CREATIVE IGNORING:
Albert Bernstein, a clinical psychologist and author of Dinosaur Brains: Dealing with All Those Impossible People at Work (Random House), advises that when you're surrounded by people screaming, yelling and demanding somebody's head, do nothing That response is much more thought-out and creative than agreeing with them (or worse, engaging them and allowing them to vent even further).
LIVE LONG AND PROSPER! Maruta, T., et al. in an article in the Mayo Clinic Proceedings 2000 Feb; 75(2):140-143 entitled "Optimists vs Pessimists: Survival rate among medical patients over a 30-year period" found that being pessimistic is a risk factor for an early death. Negative attitudes may contribute to bad health decisions (and bad career moves).
STICK WITH IT: John Bingham, in No Need for Speed, A Beginner's Guide to the Joy of Running (Rodale, 2002) says that dedication is more important than discipline. Being a dedicated runner rather than a disciplined one means understanding that frustration is an important part of the combination of ingredients that leads to progress For the dedicated runner, frustration is to be accepted and savoured, not avoided . As in running, so as in life .
FOCUS ON THE BIG PICTURE: When you hear someone complaining, ask yourself: What are they trying to accomplish here? Are they trying to enlist you in their cause? Are they
looking to be rescued? Are they trying to torpedo someone ' s project? By taking a step backwards and taking the 50,000 foot view, you may serve as the compass that brings everyone back to focus on the important goals and objectives.
BE A LEADER: Yogi Berra once said: " I don't want to make the wrong mistake " All too often, decisions are put off since no one wants to be blamed for doing the wrong thing Developing a culture that encourages risk and decision-making empowers employees and turns the organization into a "doer" rather than a "follower " It also discourages "siloism" - the lack of sharing what you are working on for fear of negative comments and criticism.
BE STRONG: Inner strength can be communicated in many ways One of the best is having the ability to do what's right. A criticism that was recently leveled against certain politicians was that they asked : " How would this affect me politically?" before they asked "What is the right thing to do for my constituents?" Having a good attitude means you have the strength to do the right thingnot just what is politically expedient.
Developing and holding onto the right attitude is equivalent to being a lighthouse- standing firm while the storm howls and breaks around you. Like a rock. •
Pacific Legal Technology Conference:
Innovation that Pays for Itself
Friday, October 18, 2002
Vancouver Trade & Convention Centre
Lawyers, legal assistants, IT people , administrators, legal researchers . ..mark your calendars now!
This conference features internationally acclaimed experts speaking in 17 educational sessions addressing the practical , results-oriented application of technology to the practice of law.
Chaired by Dave Bilinsky (daveb@lsbc org)
Hosted by the Law Society of BC Co-sponsored by the Canadian Bar Association , BC Branch and the Continu ing Legal Education Society of BC
Stuart Rennie Stuart Rennie is the CBABC Legislation & Law Reform Office r He can be reac hed at 604-949-1490 or e-mailed at srennie@bccba.org.
Every effort is made to ensure the accuracy of the information provided to you in t hi s article but the information should not be rel ied upon Lawyers shou ld refer to the specific legislative or regu latory provision. You wi ll see a refere nce in some cases to the number of the Bill when it was introduced in t he House. T h is number may be different fro m the chapter number of the new Act which is quoted after the title of the Act and which is the proper citat ion for the Act. The Bill Number has been given to you to make it easier for you to note up the Bills you may have in your li b rary.
ACTS IN FORCE
Budget Measures Implementation Act, 2001, S B C. 2001, c 3 (Bill 4 )
Amended:Corporation Capital Tax Act, R.S .B.C. 1996, c 73, Finance and Corporate Relations Statutes Amendment Act, 2000 , S.B C. 2000, c. 25, Financial Administration A ct, R.S .B.C. 1996, c 138, Home Owner Grant Act, R.S.B.C. 1996, c 194, Hotel Room Tax Act, R.S .B.C. 1996, c. 207, Income Tax Act, R.S B C. 1996, c. 215, Logging Tax Act, R.S B C. 1996, c 277, Motor Fu el Tax Act, R.S.B .C. 1996, c. 317, Social Servic e Tax Act, R.S.B C. 1996, c 431, Special Account s Appropriation and Control Act, R.S .B.C. 1996, c . 436, Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, Tobacco Tax Act, R.S.B.C. 1996, c 452
Transitional Provisions: Hotel Room Tax Act and Income Tax Act
Statutes Repealed: None
Summary: Section 5 amends the Finance and Corporate Relations Statutes Amendment A c t , 2000 to make the Act consistent with the amendment in Bill 4 to the Corporation Capital Tax Act regarding securities registration
In Force: Section 5 in force June 6, 2000
Job Protection Act, R.S.B .C. 1996, c. 240
Amended: None
Transitional Provisions: None
Statutes Repealed: Job Protection Act, R.S B.C. 1996, c. 240
Summary: The Job Protection Act is repealed The object of the Act was to minimize job lo s s and the consequent destabili z ation of regional or local economies, particularly those mainly dependent on one industry
In Force: Act repealed May 2, 2002 .
Local Government Statutes Amendment Act, 2000, S.B C. 2000 , c. 7 (Bill14)
Amended: Municipal Act, R.S B C. 1996, c. 323 Consequential amendments made to the: Agricultural Land Rese rve Act, R.S.B C. 1996, c. 10, Ass essm ent Act, R.S.B C. 1996 , c 20 , Emergency Program Act, R.S.B.C. 1996, c. 111 , Expropriation Act, R.S.B C. 1996, c. 125, Farm Practices Protection (Right to Farm) Act, R.S.B C. 1996, c. 131 , Forest Land Res er ve Act, R.S.B.C. 1996, c 158, Great er Vancouv er Sewerag e and Drainage District Act, S.B C. 1956, c 59, Greater Vancouver Water District Act, S.B C. 1924, c 22, Highway Act, R.S.B .C. 1996, c. 188, Horse Racin g Act, R.S.B.C. 1996, c 198, Hospital District Act, R.S.B .C. 1996, c . 202, Hydro and Pow er Authority Privatization Act, R.S.B.C. 1996, c 213, Is lands Trust Act, R.S B C. 1996, c. 239, Land Title Act, R.S .B.C. 1996, c. 250, Library Act, R.S.B.C. 1996, c 264, Local Government Statut es Amendment Act (No. 2), 1997, S. B.C. 1997, c. 25, Local Government Statutes Amendm ent Act, 1999, S B C. 1999, c. 37, Local Services Act , R.S B.C. 1996, c. 276 , Mineral Tenure Act, R.S.B.C. 1996, c. 292, Miscellan eou s Statute s Amendm ent Act (No . 2), 1999 , S.B .C. 1999, c 38, Municipal Finance Authority Act, R.S .B.C. 1996, c. 325, Municipalities Enabling and Validating Act , R.S B.C. 1960, c. 261, Municipalities Enabling and Validating Act (No.2), S .B .C. 1990, c . 61, New Westminster Redevelopment Act, 1989 , S B C. 1989, c 34, Park (Regional) Act, R.S.B C. 1996, c 345, Resort Municipality of Whistler Act , R.S.B.C. 1996, c 407, School Act, R.S.B C. 1996, c. 412 , Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, Cultus Lak e Park Act, S.B C. 1932, c. 63, Vancouver Chart er, S .B.C. 1953, c. 55, Wast e Management Act, R.S.B.C. 1996, c. 482
Transitional Provisions: New non-resident
Courthouse
Library
Closures
Du e t o co urthouse cl os u res around the province, the BC Court ho use Li brary So ci ety ( BCC LS) wi ll close 14 b ran ch libraries on o r before May 30, 2002.
Wherever poss ib le, BCCLS wi ll donate the collections to libraries and colleges based in those affected commun ities, to ensure access to the resources for the legal community as we ll as the publ ic
Increased Hours At Regional Branch Libraries
BCCLS has increased staffing schedules at six regional libraries to provide increased reference service.
Kelowna and Nanaimo are now fully staffed Mondays to Thursdays; New Westminster is staffed Monday to Friday; and Kamloops, Prince George and Victoria all have replacement staff to provide increased library services.
Legislative Update
Co ntin ued from page I I
property elector eligibility rules, voting, counter petition opportunities, commissions, validation of utility improvement taxes, improvement districts and regional districts.
Statutes Repealed: None
Summary: Consequential amendments made in: section 195 to the Assessment Act and sections 219 and 221 to the Islands Trust Act to add a new Part 7 1 regarding natural area protection tax exemptions .
In Force: Sections 195, 219 and 221 in force March 8, 2002
REGULATIONS TO NOTE
Court Rules Act, amends B C. Reg 297 I 2001, the Court of Appeal Rules amending rules respecting number of copies required for court applications and changes to required forms (B.C. Reg 6212002 effective March 28, 2002) and amends B.C. Reg. 221190, the Supreme Court Rules in: Rule 66 (Fast Track Litigation Pilot Project Rule) (B .C. Reg . 8312002 effective June 30, 2002), Rule 6 (pers o ns under disability), Rule 35 (pretrial conference), Rule 37(offers to settle), Rule 40(evidence and procedure at trial), Rule 57 (Costs), Rule 60(divorce and family law), adding a new Rule 60E requiring a family law Judicial Case Conference for contested famil y court applications, adding a new Form 89 (Rule 60 D) financial statement, adding a new Schedule 3 to Appendix B (party and party costs) and changing items under the Tariff in Appendix B (B.C. Reg. 83 I 2002 effective July 1, 2002)
NEW BILLS TO NOTE
Information is current at the time of preparing this article: May 3, 2002. Lawyers should refer to the original version of the specific Bill for its current status at First, Second or Third Reading or Royal Assent.
Agricultural Land Commission Act (Bill 21)
First Reading: April 15, 2002
Amended:Consequential amendments are ( made to the : Cemetery and Funera l Services Act, R S.B.C. 1996, c. 45, Farm Practices Protection (Right to Farm) Act, R.S.B C. 1996, c. 13, Fore s t Land Reserve Act, R.S .B.C. 1996, c. 158, Freedom of Information and Protection of Privacy Act, R.S .B.C. 1996, c.165, Greenbelt Act, R.S.B .C. 1996, c 176, Hydro and Power Authority Privatization Act, R.S.B.C. 1996, c. 213, Island s Trust Act, R.S.B.C. 1996, c . 239, Local Government Act, R.S B.C. 1996, c. 323, School Act , R.S.B .C. 1996, c . 412, Waste Management Act, R.S B.C. 1996, c. 482
Transitional Provisions: Land Reserv e Commission Act, S.B.C. 1999, c 14 and Agricultural Land Reserve Act, R.S B.C. 1996, c. 10
Statutes Repealed: Agricultural Land Rese rve Act, R.S.B .C. 1996, c. 10, Golf Course Development Moratorium Act, S B.C. 1992, c 8, Land Res erve Commission Act, S.B.C. 1999, c. 14, Soil Conservation Act, R.S.B.C. 1996, c. 434
Summary: Bill 21 repeals and replaces the: Agricultural Land Reserve Act, Land Res erv e Commis sion Act and Soil Conservation Act. Bill 21: establishes the Provincial Agricultural Land Commission; provides for dispute resolution on community issues; authorizes public hearings for matters in the public interest; and includes appeal, enforcement, offence and regulation-making provisions. Bill 21 extends voluntary delegation agreements to municipalities and other public bodie s . This Bill also amends the land use provisions of the Forest Land Reserve Act, and retains the forest land reserve designations and the authority of the commission to regulate forest practices for private forest reserve lands.
In Force: By regulation •
Child, Family and Community Service Amendment Act, 2002 (Bill17)
First Reading: March 28, 2002
Amended: Child , Family and Community Service Act, R.S.B.C. 1996, c 46. Consequential
amendments made to the Family R elation s Act, R.S B C. 1996, c 128
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 17 amends the Child, Family and Community Service Act including to: permit the director to apply to a court to permanently transfer the custody of a child to a person other than the child's parent; permit a party to apply to a court for a change of the access order; clarify that a designated representative of the Nisga' a Lisims Government, an Indian band or aboriginal community served with the required notice is entitled to be a party to the hearing if that person appears at the commencement of the protection hearing Further, Bill17 requires that the court make an order respecting a child who is the subject of a supervision order made at a continuing custody hearing only after considering the child's need for finality in making a determination of custody Bill17 removes the requirement to report on persons, other than parents, who harm or may harm a child Bill 17: permits the director or another person, who has care of a child, to apply to a court to order the police to take charge of and take the child; permits a court to issue a warrant for the arrest of a person for failure to provide all known information regarding the location of a child; and permits a court to issue an interim protective intervention order that will be in force from the time of the adjournment of the hearing. Bill17 adds penalty provisions of an imposed fine of up to $10,000 and/ or up to six months in jail for the unauthorized disclosure of information obtained under the Act.
In Force: By regulation
Community Care Facility Act (Bill16)
First Reading: April 8, 2002
Amended: Consequential amendments are made to the: Criminal Records Review Act, R.S.B C. 1996, c. 86, Health Care (Consent) and Care Faci l ity (Admission) Act, R.S.B.C. 1996, c 181, Hospital Act, R.S .B.C. 1996, c. 200, Hospital I nsurance Act, R.S B.C. 1996, c 204, Human
Tis s ue Gift Act , R.S.B.C. 1996, c. 211 , Local Gov ernm ent Act, R.S.B .C. 1996, c . 323, M ental Health Act, R.S.B.C. 1996, c 288, Pharmacists , Pharmacy Operation s and Dru g Schedulin g Act, R.S.B.C. 1996, c 363
Transitional Provisions: None
Statutes Repealed: Community Care Facility
A ct, R.S B.C. 1996, c 60 and Supplement to the Community Care Fa cility Act
Summary: Bill16 replaces the Community Care Facility A ct including amendments to: add a definition for "care" which means supervision that is provided to a child or adult who is vulnerable because of family circumstances, age, disability, illness or frailty and dependent on caregivers for continuing assistance or direction in the form of a prescribed service or program provided by a licensee to persons in care; add a new definition of "community care facility" which means a premises or part of a premises in which a person provides care to three or more persons who are not related by blood or marriage to the person and includes any other premises or part of a premises that, in the opinion of the medical health officer, is used in conjunction with the community care facility for the purpose of providing care or designated by regulation to be a community care facility; add a definition of "employee" which includes a volunteer, a person providing services under contract or other person ordinarily present at a community care facility but does not include a person in care; increase powers for the director of licensing, including requiring health authorities to provide reports, making investigations and audits, setting policies and standards of practice and issuing orders to protect health and safety; require licensees of a community care facilities to meet standards and submit to inspections; increase powers of the medical health officer, including power to: attach terms and conditions to licences, suspend and cancel licences and grant exemptions from regulatory requirements; add a provision that a board member is not, in a civil action to which the member is not a party, required to testify or produce evidence about records or information obtained in the discharge of duties under the Act; add a provision that no
Legislative Update
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legal action may be brought against a person for reporting abuse of a prescribed type if the report is made in good fa i th; add a provision that a licensee must not: take adverse action against its employee or agent because that person made the report of abuse or alter, interrupt or discontinue service to a person in care as a result of an abuse report, permit broad regulation-making power regarding community care fac ilities .
In Force: By regulation
Criminal m}ury Compensation Amendment Act, 2002 (Bill24)
First Reading: April 4, 2002
Amended: Criminal Injury Compensation Act, R.S.B C. 1996, c 85
Transitional Provisions: None
Statutes Repealed: None
Summary: In 2001, the government passed the Crime Victim Assistance Act, S.B.C. 2001, c. 38 (Bill 24) which repeals and replaces the Criminal Injury Compensation Act. Bill 24 is to be in force by future regulation. When in force, Bill 24 will, among other things, eliminate awards for pain and suffering and transfer the crime victim compensation scheme from the Workers Compensation Board to the Ministry of Public Safety and Solicitor General. The government intended to bring Bill24 into force on April 1, 2002 but did not do so. The government intends the 2002 Bill 24 to be an interim measure prior to the coming into force of the 2001 Bill 24 . The 2002 Bill24 amends the Criminal Injury Compensation Act to: prohibit the board from awarding compensation for non-pecuniary loss or damages for a victim of crime's pain and suffering, if the application is received by the board on or after April 16, 2002; prohibit the board from seeking compensation for non-pecuniary loss or damages for pain and suffering; prohibit a
person from a legal action against the board, government or any person because the person did not receive pain and suffering compensation as a result of 2002 Bill 24 or because a person cannot claim compensati on for pain and suffering as a result of the person failing to file an application with the board before April16, 2002.
In Force: April16, 2002 •
Degree Authorization Act (Bill15)
First Reading: Aprilll, 2002
Amended: Consequential amendments are made to the : College and Institute Act, R.S.B.C. 1996, c. 52, Institute of Technology Act, R.S.B .C. 1996, c 225, Private Post-Secondary Education Act, R.S.B.C. 1996, c 375, University Act, R.S.B.C. 1996, c . 468
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 15 establishes a new statute to regulate which institutions are eligible to grant British Columbia degrees, including private institutions, and public institutions located outside the province. Bill 15 also: permits BC colleges to offer applied baccalaureate degrees, and university colleges and institutes to offer applied masters' degrees; provides for inspection of business premises to enforce the Act; provides for an offence and penalty of up to $100,000 for violation of the Act; permits the minister to enforce the Act by Supreme Court injunction; and provides for regulations to be made to carry out the purposes of the Act
In Force: By regulation •
Deregulation Statutes Amendment Act {No.2), 2002 (Bill35)
First Reading: April16, 2002
Amended: Barbers Act, R.S.B.C. 1996, c. 24, College and Institute Act, R.S.B.C. 1996, c. 52, Cosmetologists Act, R.S.B .C. 1996, c. 178,
Financial Information Act, R.S.B.C. 1996, c. 140, Financial Institutions Act, R.S.B C. 1996, c. 141, Forest Act, R.S.B.C. 1996, c. 157, Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, Home Owner Grant Act, R.S.B.C. 1996, c. 194, Institute and Technology Act, R.S.B.C. 1996, c. 225, Mineral Tax Act, R.S .B.C. 1996, c . 291, Mineral Tenure Act, R.S.B.C. 1996, c. 292, Mines Act, R.S.B.C. 1996, c. 293, Motor Vehicle Act, R.S.B.C. 1996, c. 318, Perpetuity Act, R.S.B.C. 1996, c. 358, Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, Property Transfer Tax Act, R.S.B.C. 1996, c. 378, Social Services Tax Act, R.S.B.C. 1996, c. 431, Society Act, R.S.B.C. 1996, c. 433, Vital Statistics Act, R.S.B.C. 1996, c. 479
Transitional Provisions: Health Research Foundation Act and Hospital Act
Statutes Repealed: Health Research Foundation Act, R.S.B.C. 1996, c. 184 and Part 3 of the Hospital Act, R.S.B.C. 1996, c. 200
Summary: Bill35 makes amendments to 17 statutes, eliminating regulatory requirements and other amendments, including to the: Financial Institutions Act to permit a financia l institution to acquire, hold or control an information service business; Forest Practices Code of British Columbia Act to eliminate stand management prescriptions; Motor Vehicle Act to permit an owner of an impounded motor vehicle that is used by a sole proprietorship, partnership or company to apply for the release of the motor vehicle; Vital Statistics Act to eliminate the requirement for a child's mother to submit an affidavit regarding the reporting of birth.
In Force: By regulation for: sections 1 to 5 (Barbers Act), sections 9 to 17 (Cosmetologists Act), section 18 (Financial Information Act), section 31 (Freedom of Information and Protection of Privacy Act), section 32 (Health Research Foundation Act), section 33 to 35 (Home Owner Grant Act), section 36 (Hospital Act), sections 57 and 59 (b) regarding Motor Vehicle Act, section 61(Perpetuity Act), section 64 (Property Transfer Tax Act), section 65 (Social Service Tax Act), sections 68 to 70 and 72 to 74 regarding transitional provisions. Sections 6, 7 (College and Institute Act) and 37 (Institute of Technology
Act) are deemed to have come into force on March 31, 2002 and are retroactive. Section 20 regarding the Financial Institutions Act is deemed to have come into force on September 15, 1990 and is retroactive. Section 39 regarding the Mineral Tax Act is deemed to have come into force on January 1, 2001 and is retroactive
Employment and Assistance Act (Bill 26)
First Reading: April15, 2002
Amended: Consequential amendments made to the: BC Benefits (Child Care Subsidy) Act, R.S.B.C. 1996, c. 26, BC Benefits Statutes Amendment Act, 1997, S.B.C. 1997, c. 15, Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45, Child Care BC Act, S.B.C. 2001, c. 4, Community Care Facility Act, R.S.B.C. 1996, c. 60, Criminal Injury Compensation Act, R.S B C. 1996, c. 85, Debtor Assistance Act, R.S.B.C. 1996, c. 93, Evidence Act, R.S.B.C. 1996, c. 124, Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, Family Relations Act, R.S.B.C. 1996, c. 128, Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, Hospital Act, R.S.B.C. 1996, c. 200, Vancouver Charter, S.B.C. 1953, c. 55
Transitional Provisions: Interpretation Act, regulations, status of recipients under former Act, and appeals
Statutes Repealed: BC Benefits (Appeals) Act, R.S.B.C. 1996, c. 25, BC Benefits (Income Assistance) Act, R.S.B.C. 1996, c. 27, BC Benefits (Youth Works) Act, R.S.B.C. 1996, c. 28
Summary: Designed to meet the government's goal to help break intergenerational dependency on welfare, Bill 26 replaces and repeals the BC Benefits (Appeals) Act, BC Benefits (Income Assistance) Act and BC Benefits (Youth Works) Act. Bill 26 creates an employment assistance regime where applicants, who have completed two years of employment or employment insurance, qualify for income assistance and must enter into and comply with the
Continued over
New Family Law Procedures (Rule 60E)
Effective July I, 2002, Rule 60E will come into force Rule 60E provides for Judicial Case Conferences to be conducted by a Judge or Master. Subrule 60E( I) provides that the Judicial Case Conference must be held before a party can deliver to another party a notice of motion or affidavit in support of an interlocutory applicat ion.
Without notice applications, applications made by consent and applications made pursuant to section 57 and 6 7 of the Family Relations Act are not subject to this requ irement In addition, subrule 60E(3) provides that a party may apply to be relieved of the requirement to attend a judicial case conference on specified grounds , including urgency or danger to health or safety of any person A Judicial Case Conference may also be requested by a party or directed by a Judge or Master.
A copy of Rule 60E can be found at www courts gov. bc.ca under "Amendments to the Supreme Court Rules", B C. Reg. 83/2002 (May 3, 2002).
Legislative Update
Continued from page IS
conditions of an employment plan, including participation in government employmentrelated programs. Bill 26 provides hardship assistance for those families that do not qualify for income assistance. Families with disabilities are not eligible for income assistance or hardship assistance. Families must provide information and be subject to ongoing reporting obligations to government according to the regulations. If persons receive income assistance, hardship assistance or a combination of both, for their families for six months in any consecutive 12 month period and they have a registered interest in a family residence, those persons owe a debt to the government. The government may file a lien against that residence to secure repayment of the debt. Families that have not disposed of real or personal property or have failed to be independent of income assistance as specified in the Act within two years prior to the date of application for income or hardship assistance, are not eligible for income or hardship assistance for a period prescribed by regulations. For families that do not meet employment-related obligations under the Act, income or hardship assistance will be reduced or eliminated subject to the regulations. For families that have a member convicted of an offence under the Act or the Employment and Assistance for Persons with Disabilities Act (Bill 27) regarding obtaining income or hardship assistance, assistance for the family is reduced or eliminated for a period prescribed by the regulations. For families that have a member convicted of fraud or false or misleading representation under the Criminal Code, the Act or the Employment and Assistance for Persons with Disabilities Act (Bill 27) regarding obtaining income or hardship assistance, assistance for the family is reduced or eliminated for the lifetime of the person so convicted . Bill 26 authorizes a two stage appeal process beginning with an internal reconsideration then to an appeal to a panel of three of the Employment and Assistance Appeal Tribunal. If persons habitually, persistently and without reasonable grounds, instituted vexatious appeals to the tribunat the Supreme Court
may order that an appeal to the tribunal must not, without leave of the court, be instituted by that person No action for damages or lies may be brought against the tribunal, the chair, vice chair or a member of the tribunal because of anything done or omitted in the performance of a duty under the Act or regulations unless the tribunal, chair, vice chair or member was acting in bad faith Other provisions of Bill 26 include: subject to prior approval of the Lieutenant Governor in Councit the minister may enter into information sharing agreements with other governments regarding income or hardship assistance, supplements or similar programs, offence of supplying false or misleading information with a fine of up to $2,000 or up to six months in prison or both upon conviction is created, the minister may delegate the minister's powers and duties under the Act, and regulations may be made, including prescribing the duration or frequency of income or hardship assistance or supplements provided to families
In Force: By regulation
Employment and Assistance For Persons With Disabilities Act (Bill 27)
First Reading: April15, 2002
Amended: Consequential amendments made to the: BC Benefits Statutes Amendment Ac( 1997, S.B.C. 1997, c 15, Community Care Facility Act, R.S.B.C. 1996, c. 60, Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, Debtor As s istance Ac( R.S.B.C. 1996, c 93, Evidence Act, R.S .B.C. 1996, c . 124, Family Maintenance Enforcement Act, R.S.B C. 1996, c. 127, Family Relations Act, R.S.B.C. 1996, c. 128, Home Owner Grant Act, R.S.B.C. 1996, c. 194, Hospital Act, R.S.B.C. 1996, c. 200, Land Tax Deferment Act, R.S.B.C. 1996, c. 249, Motor Fuel Tax Act, R.S.B.C. 1996, c. 317
Transitional Provisions: Interpretation Act, regulations, status of recipients under former Act, and appeals
Statutes Repealed: Disability Benefits Program Act, R.S B.C. 1996, c 97
Summary: Bill 27 replaces the Disability
,@((
Benefits Program Act. Bill 27 narrows the current definition of "disability" to mean a person 19 years of age, who, the mini ster is satisfied, is a person has a severe mental or physical impairment that, in the opinion of a medical practitioner is likely to continue for at least two years, and in the opinion of a health professional directly and significantly restricts the person ' s ability to perform daily living activities and, as a result, that person requires help to perform those activities . Bill 27 creates a disability assistance regime where applicants, who qualify for disability or hardship assistance, must enter into and comply with the conditions of an employment plan, including participation in government employment-related ·programs . Families must provide information and be subject to ongoing reporting obligations to government according to the regulations. Families that have not disposed of rea l or personal property or have failed to be independent of disability or hardship assistance as specified in the Act within two years prior to the date of application for disability or hardship assistance, are not eligib le for assistance for a period prescribed by regulations. Families that do not meet employment-related obligations under the Act, will have their disability or hardship assistance reduced or eliminated subject to the regulations. For families that have a member convicted of an offence under the Act or the Employment and Assistance Act (Bill26), assistance for the family is reduced or eliminated for a period prescribed by the regulations. For families that have a member convicted of fraud or false or misleading representation under the Criminal Code, the Act or the Employment and Assistance Act (Bill 26), assistance for the family is reduced or eliminated for the lifetime of the person so convicted Bill 27 authorizes a two stage appeal process beginning with an internal reconsideration then an appeal to a panel of three of the Employment and Assistance Appeal Tribunal. Other provisions of Bill 27 include: subject to prior approval of the Lieutenant Governor in Council, the minister may enter into information sharing agreements with other governments regarding disability or hardship assistance, supplements or similar programs, the offence of supplying false or misleading information with a fine of up to $2,000 or up to six months in prison or
both upon conv iction is created, the minister may del e gate the minister ' s powers and duties under the Act and regulations may be made, including prescribing the duration or frequency of disability or hardship assistance or supplements provided to families.
In Force: By regulation •
Energy and Mines Statutes Amendment Act, 2002 (Bill36)
First Reading: April17, 2002
Amended: Coal Act, R.S.B C. 1996, c 51, Forest Practices Code of British Columbia Act, R.S B C. 1996, c 159, Highway Act, R.S B C. 1996, c 188, Income Tax Act, R.S B C. 1996, c. 215, Local Government Act, R.S.B.C. 1996, c. 323, Mineral Tax Act , R.S B C. 1996, c. 291, Mineral Tenure Act, R.S B.C. 1996, c. 292, Ministry of Energy , Mines and Petroleum Resources Act, R.S .B.C. 1996, c. 298, Oil and Gas Commission Act, S.B C. 1998, c 39, Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, Pipeline Act, R.S.B C. 1996, c. 364
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 36 amends the : Coal Act to permit a licence or lease holder under the Act the right to use sand, gravel and rock in the location for a construction purpose, without the requirement for authorization under the Land Act, and allows for a licence to cut timber under the Forest Act; Ministry of Energy, Mines and Petroleum Resources Act, to rename the Act to the Ministry of Energy and Mines Act, to permit the minister to authorize loans and investments for roads and other works, to permit cost recovery for roads and other works used for resource exploration and development and to make regulations respecting roads; Oil and Gas Commission Act to have the Deputy Minister of Energy and Mines serve on the board as director and chair, to make the commission an agent of government and to set the direction and management of the commission. Further
Sites Du Jour
www.aidslaw.ca offers the latest issue of the Canadian HIVIAIDS Policy and Law Review (PDF format) The newsletter provides updates and analysis on recent developments in Canadian news, international news , global access to treatment, and HIV/AIDS in the courts
www.netlawtools.com offers a mixture of articles, links, how-to guides and more, all focused on lawyers ' use of the Internet Substantive sections on research, marketing and other uses are supplemented by regular features Recommended by Robert J. Ambrogi (U.S Nat ional Law Journa0 , as published in the Lang Michener Supreme Court of Canada LAWLETT@R 24/ 2002
Do you have a site to recomme nd ? Send a link to cba@bccba org, attention Bar Talk
Practice Direction: Citation of Unreported Judgments in Submissions to the Court
To ensure that all parties have an opportunity to properly cons ider un reported judgments, counsel and self-represented litigants shou ld not re ly upon unreported reasons fo r ju dgment in the course of making either oral or wr itten submissions to the court, w ithout first providing a co py to the opposing party. Reasons for Judgment pub lished on the BC Superior Court's Web site, other court Web sites or o ther w idely ava il ab le electronic databases such as Quicklaw and eCarswell are considered to be reported decisions for the purposes of th is directive.
For the comp lete Practice Direction (May I0, 2002) see http:// www courts.gov.bc ca/SC/scpdir .htm
Legislative Update
Continued from page I 7
amendments are made to authorize general development permits which are approvals in principle for oil and gas activities and pipelines in an area of British Columbia; Petroleum and Natural Gas Act to eliminate depth restrictions for drilling, to permit regulations to be made and specifying circumstances in which the commission may exempt persons from the application of the regulations governing geophysical exploration.
In Force: By regulation •
Environment Management Amendment Act, 2002 (Bill31)
First Reading: April 11, 2002
Amended: Environment Management Act, R.S.B.C. 1996, c. 118 . Consequential amendments are made to the: Firearm Act, R.S.B.C. 1996, c. 145, Fisheries Act, R.S.B.C. 1996, c. 149, Motor Vehicle (All Terrain) Act, R.S.B.C. 1996, c. 319, Pesticide Control Act, R.S .B.C. 1996, c. 360, Trespass Act, R.S.B.C. 1996, c. 462, Waste Management Act, R.S.B.C. 1996, c. 482, Water Act, R.S.B.C. 1996, c. 483, Wildlife Act, R.S.B.C. 1996, c. 488
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 31 makes amendments to the Environment Management Act to: consolidate the enforcement powers of conservation officers into a single statute; establish the Conservation Officer Service; authorize the chief conservation officer to designate persons as conservation officers, auxiliary conservation officers and special conservation officers; determine standards for conduct, training and equipment and permit the chief conservation office and other designated persons to enter into agreements with other government agencies respecting enforcement delivery and information sharing.
In Force: On Royal Assent
Food Safety Act (Bill37)
First Reading: May 1, 2002
Amended: Miscellaneous Statutes Amendment Act, 1998, S.B .C. 1998, c . 11. Consequential amendments made to: Animal Dis ease Control Act, R.S B.C. 1996, c. 14, Local Government Act, R.S.B.C. 1996, c. 323
Transitional Provisions: None
Statutes Repealed: Meat Inspection Act, R.S.B C. 1996, c. 283 and Milk Industry Amendment Act, 1997, S.B.C. 1997, c. 9. The Fish Inspection Act, R.S.B C. 1996, c. 148, and Milk Industry Act, R.S.B.C. 1996, c. 283, may be repealed by regulation.
Summary: Bill37 consolidates the functions of food safety, licencing, inspections and standards into a single statute. As a result, the Fish Inspection Act, Meat Inspection Act, Milk Industry Act and Milk Industry Amendment Act, 1997 may be repealed by future regulation. Bill 37 also provides: procedures for internal reviews, sets out offences and penalties for violation of the Act and authorizes broad regulation-making power.
In Force: By regulation •
Forests Statutes Amendment Act, 2002 (Bill40)
First Reading: May 2, 2002
Amended: Forest Act, R.S.B C. 1996, c. 157 and Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 40 amends the Forest Act, including to: extend the terms of timber sale licences that are small business agreements; permit the surrender of small business
(
agreements; permit former holders of agreements access to Crown land to carry out duties under the agreements that continue after their surrender or expiry, subject to conditions set by the district manager. Bill 40 amends the Forest Practices Code of British Columbia Act, including to: exempt woodlot licence holders from the requirement to obtain approval of a prepared road layout and design and specify when a person is not required to obtain approval of a road layout and design.
In Force: On Royal Assent except for sections 1, 4 and 6 to 8 regarding the Forest Act which come into force by regulation. •
Health Planning Statutes Amendment Act, 2002 (Bill 19)
First Reading: April2, 2002
Amended: Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, Health Emergency Act, R.S.B.C. 1996, c. 182, Health Professions Act, R.S.B.C. 1996, c. 183, Medical Practitioners Act, R.S.B.C. 1996, c . 285, Name Act, R.S.B.C. 1996, c. 328, Survivorship and Presumption of Death Act, R.S.B.C. 1996, c.444, Vital Statistics Act, R.S.B.C. 1996, c. 479
Transitional Provisions: Health Emergency Act, Hearing Aid Act and Name Act
Statutes Repealed: Hearing Aid Act, R.S.B.C. 1996, c. 186, Seniors Advisory Council Act, R.S B.C. 1996, c. 423
Summary: Bill 19 amends the: Freedom of Information and Protection of Privacy Act to delete references to governing bodies that will be eliminated by the amendments to the Health Emergency Act and Health Professions Act and the repeal of the Hearing Aid Act and Seniors Advisory Council Act. Bill19 amends the: Health Professions Act which eliminates the Health Professions Council, since 1991 an advisory body on self-regulation of health professions, and transfers its remaining functions to the Minister effective December 31, 2002, Health Emergency Act to establish a new college to self-regulate emergency medical assistants, Name Act to require adults applying for a legal name for themselves or their minor child who
is at least 18 years old, to provide proof of a criminal record check as a condition of approval of a name change by the Vital Statistics Agency and add a provision that permits sharing of this information between the director and the RCMP. Bill19 amends the Survivorship and Presumption of Death Act and the Vital Statistics Act to permit the Director of Vital Statistics to register a death after receiving an order of the court declaring a person to be presumed dead. Bill19 amends the Vital Statistics Act to: include the particulars of a father on a child's birth certificate, where there is a court order declaring the child's paternity, unless the court orders that the father's particulars are not to be included. Bill 19 repeals the: Hearing Aid Act and its licensing board, to be replaced by a self-regulating body to govern hearing-aid dealers and consultants and the Seniors Advisory Council Act to eliminate the council to be replaced with a special advisor for the Minister of State for Intermediate, Long Term and Home Care.
In Force: The Act, except section 23, comes into force by regulation. Section 23, regarding the father's paternity on a birth certificate issued by the Vital Statistics Act, comes into force on October 1, 2002 .
BCWomen of Distinction Awards
Congratulations to former BC Supreme Court Justice Patricia Proudfoot, who won a Women of Distinction award in the "Ma nagement, the Professions and Trades " category.
Her work as a Royal Commissioner and as a volunteer - including with Big Sisters of the Lower Mainland - has improved opportunities for girls and women Countless women and judges have benefited fr o m her mentorship and guidance - she was the first woman judge in three BC courts and the third w o man to become a Justice of the Health Services Statutes Amendment Court of Appeal. Act, 2002 (Bill 18)
First Reading: April 2, 2002
Amended: Hospital Insurance Act, R.S.B.C. 1996, c. 204, Medicare Protection Act, R.S.B.C. 1996, c.286
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 18 amends the: Hospital Insurance Act and the Medicare Protection Act to make consistent the rules between these statutes to grant coverage to individuals who would not otherwise be eligible for medical services, including individuals who are close to meeting residency requirements. Bill 18
We have a winner!
Congratulations to Alex Sweezey of New Westminster who won a pair of Whistler/Biackcomb lift tickets. The April BarTalk announced the contestentrants had to say in what year UBC graduated its first class The answer: 1948. (Thanks to Gordon Comer for mathematical support)
Legislative Update
Continued from page 19
amends the Medicare Protection Act regarding the powers of the Medical Services Commission, including eliminating the commission's power to de-enrol physicians at age 75 and permitting the commission to charge interest for improper billings. Bill 18 also amends the Medicare Protection Act to permit private insurance coverage for service costs not covered by the Medical Services Plan if the service is provided by a health care practitioner who has elected to receive payment directly from beneficiaries, permit the Medical and Health Care Services Appeal Board panels to sit as one person for minor matters and to dismiss cases where the complainant has not further pursued the appeal.
In Force: By regulation
lnterjurisdictional Support Orders Act (Bill 23)
First Reading: April17, 2002
Amended: Supplement to the Enforcement of Canadian Judgments Act, R.S.B.C. 1996, c. 115, Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, Family Relations Act, R.S.B.C. 1996, c. 128
Transitional Provisions: Registration, variation and enforcement under the Family Maintenance Enforcement Act
Statutes Repealed: None
Summary: Bill 23 repeals and replaces Part 8 of the Family Relations Act, which regulated support orders in interjurisdictional matters . Where a party in a family matter lives in BC and another lives in Canada outside of BC, Bill 23 replaces the two current court hearings for recognition of support orders in reciprocating jurisdictions with one court hearing and one administrative process. Bill 23 also accepts the validity for support orders made outside of, and then registered in BC, as if they were
made in BC. Bill 23 provides a procedure for appeals and, to determine entitlement to child or spousal support, sets out the conditions when the law of BC applies or the law of the jurisdiction in which the child or spouse ordinarily resides applies.
In Force: By regulation •
Legal Services Society Act (Bill45)
First Reading: May 1, 2002
Amended: Consequential amendments made to the: Legal Profession Act, S.B.C. 1998, c . 9 and Social Service Tax Act, R.S.B.C. 1996, c. 431
Transitional Provisions: None
Statutes Repealed: Legal Services Society Act, R.S.B.C. 1996, c. 256
Summary: Bill 45 repeals the Legal Services Society Act and replaces it with a governing structure for legal aid in the province including to : reduce the board from 15 to 9 members, the majority of which are appointed by recommendation by the Attorney General; permit the board to hire staff under terms where the Public Service Act and the Public Service Labour Relations Act do not apply; provide that no legal proceeding for damages may be made against the board, directors, officers or employees of the society. Bill 45 changes the role of the society, including to permit the society to: determine who is and who is not eligible for legal aid based on any criteria that the society considers appropriate; engage in commercial activities to obtain funds for the pursuit of its objects; and recover, through client contributions or any other methods it considers appropriate, its costs of providing legal aid. Despite the Legal Profession Act, the society or a funded agency may employ, with or without remuneration, an individual who is not a lawyer or an articled student to provide services that would ordinarily be provided by a lawyer so long as the individual is supervised by a lawyer, but the individual may not appear as counsel in a court except with leave of the court. Bill 45 requires the society to be financially accountable by setting limits on expenditures
( and requiring budgets, memoranda of understandings, reports and audits to be supplied by the society to government. Bill 45 permits the society to register liens against personal or real property to secure repayment of the client's financial obligation to the society.
In Force: On Royal Assent
McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement Amendment Act, 2002 (Bill 10)
First Reading: March 12, 2002
Amended: McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement Act, S.B C. 2000, c. 8 (Bill 10)
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 10 amends the McLeod Lake Indian Band Treaty No . 8 Adhesion and Settlement Agreement Act, S.B.C. 2000, c. 8 (Bill 10) to assist in the operation of the McLeod Lake Indian Band Treaty No.8 Adhesion and Settlement Agreement covering parts of northeastern BC regarding land and costs and which includes settling litigation matters between the Band and the Canadian and BC Governments. Bill10 removes the requirement that section 70 of the Land Act, S B.C. 1996, c. 245 applies to Crown land that, under the McLeod Lake settlement agreement, has been, must be, or may be the subject of a transfer of Crown land to Canada.
In Force: On Royal Assent and retroactive
1997, c 50, Municipalities Enabling and Validating Act (No 3), S .B.C. 2001, c. 44, Protected Areas of British Columbia Act, S.B.C. 2000, c. 17, Public Service Act, R.S.B.C. 1996, c. 385, Strata Property Act, S.B.C. 1998, c. 43, Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, Vancouver Charter, S B.C. 1953, c. 55
Transitional Provisions: None
Statutes Repealed: Access to Education Act, S.B.C. 2001, c. 1
Summary: Bill 11 makes amendments including to the: Access to Education Act (Bill 9) which repeals Bill 9, which froze public postsecondary institutions' tuition fees and guaranteed funding of student spaces, Assessment Act to clarify that towers continue to be assessable improvements regardless of the class of improvements, Family Relations Act to : repeal a provision which prevented unmarried mothers of minor children, who made lump sum child support agreements with the child's father, from making further claims for child support, this provision was held to be unconstitutional by Tierney v. Canfield 2000 BCPC 0119 (October 18, 2000) (Bruce, J. BC Prov. Crt.), Health Authorities Act to repeal the definition of "consolidated certification" and to correct the reference to the Labour Relations Board decision that the board must reference and extend the time available to the board to restore the separate bargaining units for community health and health facilities workers units from 30 to 90 days (as contained in section 25 of the Health and Social Services Delivery Improvement Act, S.B.C. 2002, c. 2 (Bill 29) (in force Jan.28/02)).
Battle of the Bar Bands a Rocking Success
The Battle of the Bar Bands rocked t he Commodore on May 17, 2002 with more than 650 peop le in atte ndance to support the CBA (BC) Lawyers Benevolent Fund Look for coverage, photos, and kudos to sponsors, supporters and vo lunteers in the August BarTalk issue.
Miscellaneous Statutes Amendment Act, 2002 (Bill 11)
First Reading: March 14, 2002
Amended: Assessment Act, R.S.B.C. 1996, c. 20, Family Relations Act, R.S.B.C. 1979, c. 121, Health Authorities Act, R.S.B.C. 1996, c. 180, Industry Training and Apprenticeship Act, S.B.C.
Bill11 also makes amendments to the: Industry Training and Apprenticeship Act to add a transitional provision to allow for the winding up of the commission; Municipalities Enabling and Val idating Act, No.3 and Vancouver Charter to transfer legal authority for the Gastown and Chinatown provincial heritage designations to the City of Vancouver and allow the city to create heritage conservation areas and to eliminate payment of compensation for these designations; Protected Areas of British Co l umbia Act to remove four marine parks to permit them to be included in a new national park
Legislative Update
This year's New Westm inster Fraser Va ll ey Bar 2002 Golf Class ic w ill be held T hursday, Ju ly 4 at the G uil dford Go lf & Cou nt ry Club, 7929 - I 52"" Street, Surrey, with tee times beginning at II a.m
Th e C lass ic incl ud es golf and dinner An optiona l Texas Scramble format is ava il a bl e for those who prefer the more recreational/socia l aspects of go lf.
Registration forms are avai lab le at www.bccba.o rg in the events area. T he registration fee is $ 8 5 pe r participant.
Ca ll Ted Mu rchis on (604) 590-8855 to book your tee time T he registration deadline is Ju ne 2 1
Legislative Update
Continued from page 2 I
reserve in the southern Gulf Islands; Public Service Act to reduce deputy ministers' entitlement to pensionable service from earning 1.5 years of pensionable service for each year of service to one year, that rule not to apply to those persons who were a deputy minister before September 1, 2001 or reappointed after that date as long as there is no break in service as a deputy minister; Strata Property Act to reinstate the requirement for the superintendent of real estate to approve schedules of unit entitlement and voting rights and to include the Nisga' a government bodies in the authority to make decisions about strata property developments on Nisga' a lands; Taxation Rural Area Act to add a definition of "copy taxation notice" and to allow the Surveyor of Taxes to issue a copy of the original taxation notice where taxpayer reports notices are not rece i ved and that penalty for late payment applies to such a copy; and Vancouver Charter to provide the City of Vancouver with broader investment powers.
In Force: Section 2 (Assessment Act) is deemed to have come into force on October 27, 2000 and is re t roactive. Sections 7 (Municipalities Enabling and Validating Act (No.3)), section 8 (Protected Areas of British Columbia Act) sections 11 to 22 regarding the Strata Property Act and section 25, 30 to 38 regarding the Vancouver Charter come into force by regulation . Sections 9 and 10 regarding the Public Service Act are deemed to have come into force on September 1, 2001 and are retroactive.
• Registry Statutes Amendment Act, 2002 (Bill 20)
First Reading: April 4, 2002
Amended: Company Act, R.S B C. 1996, c 62, Manufactured Home Act, R.S .B.C. 996, c. 280, Partnership Act, R.S B.C. 1996, c. 348, Personal Property Security Act, R.S.B.C. 1996, c. 359
Transitional Provisions: Partnership Act
Statutes Repealed: None
Summary: Bill 20 amends the Partnership Act including to : replace the requirement t o file a declaration with a requirement to file a registra t ion statement; remove section 81(3) which permitted persons, in cases where partnership members were absent from their place of business a t the time of making the declaration, to submit to the registrar in electronic form: the declaration or written authority to make a declaration, a declaration of dissolution or declaration where a partnership trades under a firm name implying plurality of partners. Bill 20 amends the Partnership Act t o: remove provisions that filed declarations are not controvertible as to evidence contained in filed declarations and replace it with a provision that the contents of registration statements are evidence, and may be disproved by contrary evidence, of the contents of filed registration statements; repeal the provision that an electronic signature on the declaration has the same effect for all purposes as an original signature; add a provision t o permit reproduction of records filed with the registrar and searches of the registry; add a new provision making it an offence liable to a fine to make false or misleading statements for statements filed with the registrar, unless a person can prove that the person did not know that the statement was false or misleading, and with the exercise of reasonable diligence, could not have known that the statement was false or misleading; provide regulation-making powers regarding filing of information and documents with the registrar and documents to or by the registrar; amend the Company Act, Manufactured Home Act, Partnership Act and Personal Property Security Act to provide the legal authority for government to offer cont inuous, Interne t-b ased, elec t ronic delivery of filing and registra t ion services for the corporate, manufactured horne and personal property security regis t ries.
In Force: By regulation
Schoo l Amendment Act, 2002 (Bill 34)
Fi rs t Read ing : April15, 2002
i((
Amended: School Act, R.S B C. 1996, c 96
Transitional Provisions: District parents' advisory council, provincial funding, application of enrolment provisions and annual budget
Statutes Repealed: None
Summary: Bill 34 establishes public school planning councils. School boards are required to use annual school plans to create annual accountability contracts . Students will have the choice to attend any school in the province if space is availab l e. School boards are permitted to create entities for entrepreneurial activities School boards will also be permitted to share administrative services with other boards, municipalities or corporate entities and have increased power to manage loca l cap i tal decisions . Francophone education authorities must employ a chief financial officer to ensure separate representation of financial and educational issues at the board .
In Force: Various in force dates by regulation or retroactive ly from January 31, 2002 or Ju ly 1, 2002 and or in force on July 1, 2003 as specified.
impose and increase fines that can be imposed on persons convicted of securi ty fraud from a maximum of $100, 000 to the maximum of $250,000 for an individual and $500,000 for a company . Bill 29 creates a cause of action for damages or rescission for investors against an issuer and other related persons if the securities were issued under an exemption from the prospectus requirement and the required disclosure documents contain a misrepresentation. Bill 29 creates a cause of action for damages or rescission for investors against an issuer that has issued securities under an exemption from the prospectus requirement but has failed to deliver the required disclosure documents to the investor. Bill 29 further allows investors two days after signature to rescind an agreement to purchase securities . Bill 29 prohibits anyone selling or promoting a security from engaging in unfair practices, including high-pressure selling, taking advantage of an investor ' s inability or incapacity to protect his or her own interest or imposing inequitable terms or conditions Bill 29 authorizes the collection and exchange of information between the Commission and other regulators, governments and law enforcement agencies This includes the legal authority for the Commission to work with other regulators to create a proposed national registration database.
Can this much fun be legal?
The Vancouver Bar Assoc iatio n and the CBABC are pleased to once again join forces to announce th is year's Golf Tournament for the legal profession!
Securities Amendment Act, 2002 (Bill 29)
First Reading: April 10, 2002
Amended: Securities Act, R.S.B.C. 1996, c. 418. Consequential amendments are made to the: Company Act, R.S.B.C. 1996, c. 62 and Members ' Conflict of Interest Act, R.S.B C. 1996, c. 287
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 29 makes amendments to the Securities Act, including to: add investor protection provisions in light of the BC Securities Commission's (the "Commission") adoption of a new capital-raising exemption rule; recognize competing security trading systems in light of the Commission ' s adoption of a market operation's rule ; increase the maximum penalties that the Commission can
In Force: On Royal Assent except sections 18, 19 (b), 23 (b) and 25 to 27, which come into force by regulation.
The tournament w ill be held on Thursday , June 27, 20 0 2 at the Un ivers ity Golf C lu b Part icipate in a fun-filled day of golf a nd pr izes , the proceeds of which fund an annual award for both a UBC and a UVic student who best exemplify t he ideals served by the CBA.
Registration fee of $150 (incl. GST) includes 18 ho les of golf- Best Ba ll Scramble Tournament, plus :
Supply Act, 2001-2002 (Supplementary) (Bill12)
First Reading: March 14, 2002
Amended: None
Transitional Provis ions: None
Statutes Repealed: None
Summary: Bill 12 has two parts. Part 1 authorizes the Medical Service Plan to spend an extra $230 million for additional payments proposed to be made by government for the Continued over
Buffet D inner
Sandwich and beverage ticket for lunch Loads of Great Pr izes • Silent Auction
Law Foundation Welcomes New Program Director
Wayne Robertson, Executive Director of the Law Foundation of BC, is pleased to announce that Veenu Saini has been hired as a term Program Director at the Foundation Ms. Saini has significant experience in the social justice and legal fields.
Legislative Update
Continued from page 23
retroactive funding for physicians. This arises out of the February 8, 2002 decision of the former BC Chief Justice Allan McEachern, as arbitrator appointed by government for the binding arbitration between the BC Medical Association and the Medical Services Commission. This also arises out of the Medical Services Arbitration Act, S.B.C. 2002, c. 4 (Bill 9) (First Reading March 5, 2002 and in force on Royal Assent on March 7, 2002) where the government cancelled the effect of the arbitrator's decision. Part 2 authorizes the government to spend an extra $340 million for costs related to the restructuring of the provincial government's direct and indirect interest in Skeena Cellulose Inc, including payout of loan guarantees, provision for writeoff of fiscal agency loans and other outstanding financial Crown claims.
In Force: On Royal Assent
• Supply Act, 2001-2002 (Supplementary
Statutes Repealed: None
Summary: Bill 33 provides additional monies ( required to pay charges and expenses of the public service for the province for the fiscal year ending March 31, 2003.
In Force: On Royal Assent •
Supply Act (No. 1), 2002 (Bill13)
First Reading: March 26,2002
Amended: None
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 13 proposes one-sixth of the voted expenses be paid to provide for the general programs of the government and be paid sufficient amounts to meet voted capital and loans, investment and other financing transactions
In Force: On Royal Assent No. 2) (Bill14)
First Reading: March 28, 2002
•
Sustainable Resource Management Statutes Amendment Act, 2002 (Bill22) Amended: None
Transitional Provisions: None
Statutes Repealed: None
Summary:Bill14 provides additional monies required to pay charges and expenses of the public service for the province for the fiscal year ending March 31, 2002.
In Force: On Royal Assent
• Supply Act, 2002-2003 (Bill33)
First Reading: April 29, 2002
Amended: None
Transitional Provisions: None
First Reading: AprilS, 2002
Amended: Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, MuskwaKechika Management Area Act, S.B.C. 1998, c. 38, Water Act, R.S.B.C. 1996, c. 483
Transitional Provisions: Forest Practices Code of British Columbia Act and Water Act
Statutes Repealed: None
Summary: Bill22 makes amendments to three statutes. The Forest Practices Code of British Columbia Act is amended, including to : authorize the minister instead of the district manager to establish, vary or cancel a landscape unit or objective, permit the minister to delegate the minister's authority to a person or a class of persons, authorize the
minister rather than the chief forester to make directions. The Muskwa - Kechika Management Area Act is amended, including to: repeal the provision for specified local strategic plans; repeal the requirement for additional approvals; permit the appointment of the chair of the advisory board, who may be remunerated, to decrease the payment to the trust fund from $3 million to $1 million annually; to change the relevant year for contributions from the previous to the current fiscal year and to change the payment to the project account of the trust fund to the lesser of $1 million during the fiscal year and the amount equal to the contributions to the project account in the current fiscal year. The Water Act is amended, including to: add water officials as employees of Land and Water BC, a government corporation; streamline procedures regarding short-term water licences; and provide for notice to persons whose rights will be injuriously affected, before the comptroller or regional water manager amends a licence.
In Force: Section 9 regarding payments into the trust fund under the Muskwa-Kechika Management Area Act is deemed to be in force on March 31, 2002 and is retroactive. Sections 11 and 13 regarding the Water Act are deemed to have come into force on April 1, 2002 and are retroactive. Sections 12, 17, 20 and 21 regarding the Water Act come into force by regulation The remainder of the Act comes into force on Royal Assent.
Summary: Bill 25 repeals the Ferry Act and adds a part in the Ministry of Transportation and Highways Act to provide for inland ferry administration, including allowing user fees to be imposed An amendment to the Ferry Corporation Act substitutes a reference the Ministry of Transportation and Highways Act for a reference to the repealed Ferry Act. The Ministry of Transportation and Highways Act is further amended to provide that the government may use its assets in the provision of transit services in the transportation service region without the approval of the authority and to remove the requirement that the ministry seal be affixed to contracts. The Greater Vancouver Transportation Authority Act is amended to clarify that the current leasing arrangement is to be treated as an operating lease, as opposed to a capital lease, for accounting purposes regarding provincially owned SkyTrain assets leased to TransLink.
In Force: Sections 3 regarding the Greater Vancouver Transportation Authority Act, sections 4 and 7 regarding the Ministry of Transportation and Highways Act come into force on Royal Assent. Section 1 regarding the Ferry Act, section 2 regarding the Ferry Corporation Act, sections 5 and 6 regarding the Ministry of Transportation and Highways Act come into force by regulation.
Transportation Statutes Amendment Act, 2002 (Bill 25)
First Reading: April 8, 2002
Amended: Greater Vancouver Transportation Authority Act, S B.C. 1998, Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311, Ferry Corporation Act, R.S.B.C. 1996, c. 137
Transitional Provisions: Ministry of Transportation and Highways Act validating contracts without the ministry seal
Statutes Repealed: Ferry Act, R.S.B C. 1996, c. 136
Trustee Investment Statutes Amendment Act, 2002 (Bill 30)
First Reading: April17, 2002
Amended: Architects Act, R.S.B.C. 1996, c. 17, Cemetery and Funeral S ervices Act, Coll ege and Institute Act, R.S B C. 1996, c. 52R.S.B.C. 1996, c. 45, Company Act, Farmers and Womens Institutes Act, R .S.B .C. 1996, c. 133, R.S .B.C. 1996, c. 62, Financial Administration Act, R.S .B.C. 1996, c. 138, Financial Institutions Act, R.S.B.C. 1996, c. 141, Institute of Technology Act, R.S.B.C. 1996, c. 225, Islands Trust Act, R.S .B.C. 1996, c 239, Medical Practitioners Act, R.S.B C. 1996, c 285, Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, Real Estate Act, R.S.B C. 1996, c. 397, Finance and Corporate
Reports Available
Private Care Agreements Between Older Adults and Friends or Family Members (March 2002) reviews the law of pr ivate care agreements and makes recommendations including guidelines for good practice and legislation Source: BC Law Institute. Available at: www.bcli.org
Sustainable Resource Management: A Landscape-Level Strategy for Resource Development (May 2002) describes the Ministry of Sustainable Resource Management approach to landscape-level planning and invites public comment. Source : Ministry of Sustainable Resource Management. Available at: www gov bc.ca/srm/down/ sustainable resource_ management_planning.pdf.
Legislative Update
Legislative Update
Continued from page 25
Reports
Available
Civil Liability Consultation
Paper (April 2002) reviews civi l liability matters including: limitation periods, joint and several liability, costs in class action suits, vicarious liability and alternatives to the traditional "lump sum" damage awards. The government deadline for comment is June 15. 2002
Source: Min istry of Attorney General Available at www ag.gov bc.ca/liabilityreview/index.htm
Reviewing Original
Decisions: Guiding Principles and Options (April 2002) analyses the process of reviewing original decisions and states guiding principles and opt ion s for doing so The government deadline for comment was May 15 , 2002 Source: Min istry of Attorney General. Available at www.gov bc.ca/ajp/down/ reviewing_original_decisions.pdf.
Relations Statutes Amendment Act, 1998, S.B.C. 1998, c 7, Science Council Act, R.S B.C. 1996, c. 415, Society Act, R.S.B.C. 1996, c. 433, Strata Property Act, S .B.C. 1998, c. 43, Trustee Act, R.S.B.C. 1996, c. 464, Workers Compensation Act, R.S.B.C. 1996, c. 492
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 30 is based on the BC Law Institute report on the modernization of trustee investment powers. The Trustee Act is amended to replace the list of authorized trustee investments with a rule that permits trustees to invest generally, subject to the terms of the specific trust. Trustees are held to a duty of care, skill, diligence and judgment that a prudent investor would exercise in making investments . Trustees are not liable for loss under a trust if the overall investment strategy is prudent. The common law rules regarding assessment of the decisions of a trustee on an investment-by-investment basis and prohibition of losses from being offset by gains are abrogated . Trustees may delegate to an agent the authority to invest trust property that a prudent investor might delegate in accordance with ordinary business practice. Except as provided by section 15 1 (3) of the Trustee Act, a corporation that is a trustee must not invest trust money in its own securities .
In Force: By regulation
Waste Management Amendment Act, 2002 (Bill32)
First Reading: April15, 2002
Amended: Waste Management Act, R.S B.C. 1996, c. 482 Consequential amendments made to the : Islands Trust Act, R.S .B.C. 1996, c. 239, Land Title Act, R.S B C. 1996, c. 250, Local Government Act, R.S.B.C. 1996, c. 323, Petroleum and Natural Gas Act, R.S B C. 1996, c. 361, Vancouver Charter, S.B.C. 1953, c. 55
Transitional Provisions: None
Statutes Refl'ealed: None
Summary: Bill 32 makes amendments to the Waste Management Act to: specify conditions when a site is a contaminated site, clarify the legal requirements that must be met before a person may bring a cost recovery action with respect to contaminated sites; set out conditions under the Act when a site is considered to be a contaminated site; add a new Part 4.1 regarding remediation of mineral exploration sites and mines , including to: add new definitions; limit the legal liability for the remediation, security and monetary obligations of owners and previous owners of exploration sites; limit the application of Part 4 of the Act to advanced exploration sites and to limit the legal liability of owners and previous owners of these sites; limit the legal liability of owners and previous owners of producing or past producing mine sites; and limit the liability of owners of historic mine sites and add regulation making powers.
In Force: On Royal Assent
REPORTS AVAILABLE
A Future for Learners: A Vision for Renewal of Education in British Columbia (April 2002) makes 27 recommendations for reform to the public education system Source : The Legislative Assembly Select Standing Committee on Education. Available at : www.legis . gov .bc.cal CMT l37thParll3rdsessionl edu I reports I EducationReport2002.htm.
Auditor General Report 1: Building a Strong Work Environment in British Columbia's Public Service: A Key to Delivering Quality Service (April2002) Source: Auditor General. Available at: www.bcauditor.coml AuditorGeneral.htm
Exculpation Clauses in Trust Instruments (March 2002) makes recommendations for reform to the Trustee Act aimed at clarifying the legal effect of exculpation clauses. Source: ( BC Law Institute Available at : www.bcli org.
Career Options
Taking stock in a down market
re you still waking up from the shock of the sudden shift in the markets? We all enjoyed the recent technolog y boom and merger mania and some of us were in the fortunate position to sit confidently, perhaps smugly, across the boardroom table from a prospective employer and say " I want a fat salary, signing bonus and a cappuccino machine oh and I'm bringing my pet to work." We have all tried crystal ball gazing . Many will recall the severity of the early nineties recession and say "This is just a market blip." However, one thing is clear; Canada is facing a workforce shortage Demographics speak loudly, and with the first babyboomers turning 55, the shortage is impending .
How many times have you looked at someone and thought "she seems to be happy" or "he is passionate about his work," followed by "he was one of the lucky ones" or "she was at the right place at the right time"? Luck and timing may help but we know when it comes down to it, it really is all up to you.
We all need to take stock of our careers. Now is the time to improve our marketability by planning, preparation and positioning ourselves for that impending shortage and "perfect opportunity ." Career management is not just for dissatisfied lawyers, it is for everyone! It helps to focus on goals and is as critical to success in your current situation as it is when you are looking to move.
Personal Audit: Critically assess your personal and work related skills, interests, likes, dislikes, attitudes .
Feedback: Friends offer a sympathetic ear but little else Obtain professional assistance Potential resources include legal headhunters, career counselors and executive coaches
Career Plan: If you fail to plan, you plan to fail! Create a written career plan including overall vision, long-term objectives, summary
of interests, skills, strengths, weaknesses, career goals, strategies and actions to achieve those goals. Review your plan frequently to stay on track.
Be Successful and Visible:
(a) Consistently display the following attributes : competence, leadership, hard work, interpersonal skills
(b) Increase and maintain visibility in the profession and with the public through networking, writing, speaking, joining community I professional organizations and being involved in significant files
(c) Connect with a headhunter. Contact a headhunter who is capable, professional and ethical. Conduct due diligence on reputationandcheckifthefirmisamember oftheNationalAssociationofLegalSearch Consultants (www.nalsc .org) and abide s by a code of ethics and standards of practice.
The headhunter approach has several benefits:
•
Dal Bhathal (a former practising lawyer) is the Managing Director , BC Region and National Director, Inhouse Counsel Division of The Counsel Network. The Counsel Network is exclusively endorsed by the CBA (BC, AB, MB & SK Branches).
Contact Dal at 604-6431708 or by e-mail to dal@headhunt com Visit www.headhunt.com or www.inhousecounsel com
• current information about the current job market and in established relationships with prospective employers;
confidentiality in the job search - critical in senior level moves or smaller legal communities where word travels fast;
frank and unbiased feedback regarding your current situation, marketability and future prospects; and
access to knowledgeable professionals, who offer a no- risk, no-cost career resource.
Now is the time to position your s elf for the coming talent shortage. Active career management will not only enhance your current career, it will ensure that when the "perfect opportunity" arises, you are the one in the "right place at the right time. " •
Dal Bhathal
Special Thanks
The CBABC thanks the selection committee of the Community Serv ice Awards, composed of The Hon. HAD Oliver, Conflict of Interest Commissioner; Trude LaBossiere Huebner, Researcher/Writer; Fra nc es Statham, Ministry of Attorney Genera l; Doug F. Rob inson, QC, BC Branch Past President; and Mark Slay, BC Branch Communications Committee member.
Community Service Awards
Recognizing exceptional contributions
The Community Service Awards provide recognition to one member from each county for their "exceptional contribution to the life and well-being of his or her community. " A call for nominations was released in the October issue of BarTalk. After careful review, three lawyers were chosen to receive the 2002 CBABC Community Service Awards, in recognition that the actions of individual lawyers reflect on the entire legal profession .
HALLDOR BJARNASON (Vancouver)
There are many ways through which Mr. Bjarnason has exemplified why he is so worthy of this award He has given freely of his time and skills to such organizations as : the Neil Squire Foundation, which provides technical assistance to aid people with severe disabilities striving to live independently; and the Theatre Terrific Society, of which he has been President and a Director . Theatre Terrific provides performance experiences to people living with mental and physical disabilities Mr. Bjarnason was active in the Canadian Cerebral Palsy Sports Association from 198995. His interest in this organization stemmed from his involvement in cycling as a Paralympic-calibre athlete, culminating in his participation at the Seoul Paralympics in 1988.
The Planned Lifetime Advocacy Network has also benefited from his commitment to their goal of educating parents of severely disabled adults on estate planning and making preparations for the personal care of their children, after they are gone "Halldor's distinct array of talents enables him to fight as effectively for the individual as he does for the public policy implications that challenge each individual. I would estimate he spends 10-15 additional hours a week making life better for individuals with disabilities and their families," said Al Etmanski, Executive Director of the Network.
GARY M. BROOKE (Yale)
" He is a shining example of how one lawyer, with persistence and foresight, can help to transform the well-being and cultural landscape of an entire community," says Janice Crerar, who co -nominated Mr. Brooke. Perhaps the most significant contribution to
the region has been through his support of the Shuswap Community Foundation, which he chaired in its first days in 1994. "He was leadin drafting the constitution, securing the Revenue Canada BN, and in constructing the 'springboard' that would ensure a successful launch," said Clyde Tucker, Secretary of the Foundation This year, the Foundation distributed $35,000 to charities and will distribute $15,000 in small grants to "neighbourhood" projects throughout the Shuswap.
Mr. Brooke has contributed significantly to the Salmar Community Association. A recent Association undertaking, a land-swap and building project, will provide dedicated Legion meeting space and a live theatre and performance venue "Without Gary's volunteered legal expertise to accomplish the conveyances and necessary sub-divisions, that project would not have been possible," said Ms. Crerar.
G. GLEN RIDGWAY, QC (Nanaimo)
G. Glen Ridgway, QC has a history of civic service dating back to 1975, when he first became a Trustee of School District No. 65. Since then, he has been active in educational organizations, serving as a Trustee again in 1983, and as Chair from 1985-87. He was an Alderman of the North Cowichan Municipality during 1979-80, and since 1987 has served as a Councillor for that municipality . Mr. Ridgway was President of the Duncan Minor Hockey Association, and the Founding Treasurer of Kerry Park Men's Curling Club . Young athletes will recognize Mr. Ridgway's name as he has served as the Coach of both the Duncan Minor Baseball and the Kerry Park Minor Hockey groups, giving many hours to both organizations . •
"Freedom and the Charter in the 21st Century" Law Week 2002 Open House
The CBABC, in partnership with the Law Foundation of BC and the Vancouver Bar Associat i on, hosted a Law Week 2002 Open House on April 20, 2002 at the Vancouver Public Library. Monty Carstairs, Chair of the Law Week 2002 Comm ittee, opened the event, which f e atured numerous speakers from the justice system (pictured at right).
Seventeen displays from various areas of the justice system provided information and activities to promote the law and educate the public Entries for a Student Photo Contest were displayed and judged by the public. The winning photos can be viewed at www .bccba .org.
L-R: Geoffrey Lyster, Vancouver Bar Association President; Marina Pratchett, QC , Law Foundation of BC Governor; Carman Overholt, CBABC President; The Han. Geoff Plant , Attorney General of BC; The Han Carol Baird Ellan , Chief Judge of the BC Provincial Court; The Han. Donald Brenner, Chief Justice of the BC Supreme Court; and The Han Lance Finch, Chief Justic e of the BC Court of Appeal .
BC Students Demonstrate Interest in Law Week
The Barry Sullivan Law Cup Public Speaking Contest featured 22 students from throughout BC who presented the i r speeches in front of judges at the Law Courts . All participants were well-prepared and presented interesting viewpoints. The winner of the Barry Sullivan Law Cup was Sophie Bannar-Martin of St. Margaret's School.
The Law Week 2002 theme "Freedom and the Charter in the 2tst Century" was incorporated into student entries for the Short Story Contest, which was won by Amanda Bartusek of South Peace Senior School.
Diai·A·Lawyer
All Photo Contest entries were well-received by judges and the publ i c. The winner of the Photo Contest was Gerald Rarama of Killarney Secondary School. All contest entries may be viewed at www .bccba .org .
The Student Mentor Program introduced the practice of law to students as dozens of lawyers v i sited schools to speak on the law or hosted job-shadowing students at their offices.
We express our sincere thanks to all judges and members who participated in Law Week 2002 a great success. •
Day Volunteers Field 420 Calls
The Dial-A-Lawyer Day enables people throughout BC to consult with a lawyer about a legal problem for 10 minutes, for free . This year volunteers fielded 420 calls, including 120 Chinese-language calls, courtesy of the CBABC's partnership with SUCCESS, a Vancouver agency working within the
Thanks to the following volunteers , who helped make Dial-A-Lawyer Day 2002 a huge success
Lawyer Volunteers
Troy Anderson
Toni Beharrell
R David Bellamy
Jobst Bode
Lynn Chapman
William Clarke
Robert DeBou
Rick Edgar
Doug Hager
Terry Hartshorne
Kyle Hyndman
Michael Johnson
Richard Lee
John McGreevy
Matthew Nathanson
Kathleen Packard
David Paterson
Nicole Todosichuk
Iris T uraglio
Stephen Wright
SUCCESS Lawyers
He len Chiu
Joanna Ho
Beverly Hoy
Shannon Kwok
Vincent Law
Helena Shum
Bonnie Teng
Lawrence Wong
Chinese -Canadian community . Thanks to the usc Law Students voluntee r s (see sidebar) who helped make this Briar Downey event a huge success. Thanks also to the Cindy Henderson following event sponsors: Corporate Express; Kazuko Hirata
Orca Bay Sports & Entertainment; Jelena Novikov Saskatchewan Legal Education Society; and The Vancouver Sun. •
BC International Commercial Arbitration Centre
If you invest in the stock market or provide advice in the securities field, the BC International Commercial Arbitration Centre (the Centre) hopes you will complete their survey. All survey participants will have the chance to w in a d inner for two at the Mosaic Restaurant in Vancouver's Hyatt Hotel.
The Centre would like your feedback and opinions on certain programs and on their mediation/arb itration role in resolving disputes in the securities industry
The questionnaire, which should take approximately IS minutes to complete, is located at www bcicac.com. For more information, contact Peter Grove, CA, Cert.Med (pgrove@bcicac.com), Executive Director, BC International Commercial Arbitration Centre
Tel : 604-684-2821
Fax: 604-684-2825
Letters to the Editor
This letter originally appeared in th e March 20 , 2002 edition of the Times-Colonist . It is reprinted with th e permission of Mr Justice John C. Bouck.
Lawyers don't deserve cartoon
Adrian Raeside's cartoons often are a great source of humour. However, in the March 10 edition of your newspaper he ridicules lawyers by portraying them as greedy. The cartoon suggests lawyers are overjoyed at the prospect of further litigation between the aboriginal community and the government because they will earn more money Lawyers deserve better.
Citizens seek out lawyers when they cannot settle their differences. When they come to lawyers for advice, lawyers do their best to find a mutually agreeable resolution of the dispute
Around 95 per cent of civil cases filed in the Supreme Court of British Columbia never come to trial. Much of this occurs because the litigants arrive at a reasonable compromise with the assistance of their lawyers .
Without lawyers, our society could easily revert to anarchy. We would soon have rule by the whim of an individual rather than rule by the application of law .
At little or no charge, the vast majority of lawyers help many poorer citizens who cannot afford the lawyer's normal fees They do not broadcast these contributions because they are professionals. To make our province a better place, many lawyers voluntarily participate in community and professional organizations .
There is at least one area where the public can fairly complain about lawyers and judges. It is the cost and delay to litigants that is associated with court proceedings.
Laws governing court proceedings in civil and criminal cases are hopelessly out of date
The BC Supreme Court Rules are based on the English civil rules of 1883. The BC Supreme
Court probably ranks in the bottom one-third of progressive courts when it comes to processing civil case loads in a timely and efficient manner
Representations made by BC lawyers and judges to federal and provincial governments asking them to enact much needed procedural reforms fall on deaf ears.
Lawyers and judges then throw up their hands in despair and walk away. We should be more persistent.
Of course the media should criticize lawyers and the judiciary when we fail to follow the laws passed by the legislature and Parliament. Lawyers and judges do not pretend to be perfect. However, a blanket condemnation of lawyers by means of cartoons or "lawyer jokes" is both unfair and unproductive
The Hon. Mr. Justice John C. Bouck
The Supreme Court of BC, Victoria
The following letter was sent to both Mr. Justice John C. Bouck and to BarTalk
Just a quick note to say thank you on behalf of myself and as Provincial Council representative for Victoria County on the BC Branch of the Canadian Bar Association regarding your letter to the editor published in the Wednesday, March 20, 2002 edition of the Times-Colonist. While I do not mind the occasional lawyer joke, it is hard not to feel that the profession is somewhat under siege of late and I am particularly heartened when a member of the Judiciary is prepared to step forward and defend lawyers as you did in you letter. Thanks again .
Yours truly,
Nicholas Mosky Waddell Raponi
Re: BarTalk Vol. 14/No. 2 "Enduring Powers of Attorney Remain"
One of the lead articles is on the Enduring Powers of Attorney Report by Professor McClean and its acceptance by the Attorney General. Congratulations are indeed in order to the association and its"sub-bodies"who have worked very hard to achieve this appropriate result. I am aware of the kind of time, effort and commitment this lobbying process requires, and it amounts to a significant donation "to the cause ."
The one note of concern I would sound is that the article seemed to me to imply (by
omission) that the result was solely due to the efforts of the association, which is clearly not the case. I must disclose an interest here as I did make a brief submission to Professor McClean. I was not alone in doing so, and appendix B to the report does list the contributors, amongst which are several lawyers . It would have been more fair, I think, to acknowledge that others also participated in the process, although naming names would not have been necessary.
Yours truly,
Francis S.M Barnett Gillespie Renkema Barnett Broadway •
Member Services -----
Branch members have access to a wide range of products, services and discounts. Member Services is continually adding and looking for ways you can get the most out of your membership! Be sure to visit www bccba.org for new additions. Your input is always welcome Send suggestions to kjohnson@bccba.org. Member Services Hotline: 604-687-3404, ext. 500 or 1-888-687-3404, ext. 500
ARTS CLUB AND STANLEY THEATRES
Receive a 20 per cent discount off regular priced tickets! Call Natasha Klein at 604687-5315 and identify yourself as a CBA member. U poming productions: My Fair
Lady- July 31-Sept. 15 (Stanley Theatre) and The Rocky Horror Show - July 11-Aug. 31 (Granville Island Stage)
BIG WHITE
No longer a Member Service supplier
VANCOUVER CANUCKS
Don't miss your shot at the hottese ticket in town! Reserve your seats for the 2002 I 03 Seasonnow. Ticket packages start at less than $300, prices reduced by up to 28 per cent. Full and half season tickets, 15 or 11 game "Ice Paks" available. Receive one bonus ticket with each package.
For more information or to purchase call 604899-PUCK (7825). Remember to identify yourself as a CBA member.
Continued over
BarTalk is published by the British Columbia Branch of the Canadian Bar Association, lOth Floor 845 Cambie Street Vancouver, BC V6B STl
TEL: 604-687-3404
TOLL FREE in BC, outside the Lower Mainland: 1-888-687-3404
FAX: 604-669-960 I TOLL FREE in BC, outside the Lower Mainland: 1-877-669-960 I
BarTalk Senior Editor: CAROLINE NEVIN, 604-687-3404, EXT. 320 cnevin@bccba.org
• BarTalk Editor: SANDRA WEBB 604-687-3404, EXT. 318 slgwebb@bccba.org
• Legislation & Law Reform Officer: STUART RENNIE (in Port Moody) 604-949-1490 srennie@bccba.org
• Editorial Board
KENNETH ARMSTRONG, Chair VIKKI BELL, QC WILLIAM 5. CLARK CHRISTINE MINGlE DAVID ROBERTS, QC
© Copyright the British Columbia Branch of the Canadian Bar Association-2002. This publication is intended for inform· ation purposes only and the information contained herein should not be applied to specific fact circumstances without the advice of counsel.
Vancouver Bar Association/Canadian Bar Association Golf Tournament
Thursday, June 27, 2002
University Golf Club Golf! Prizes! Dinner! Auction!
Proceeds and award for a ho mdent w a UVlC s · CBA best exern:p1ifY ideals
Registration forms available at www.bccba.org. Details on page 23.
The BC Branch of the Canadian Bar Association represents more than 9,700 members within British Columbia and is dedicated to improve and promote access to justice, to review legislation, initiate law reform measures and advance and improve the adminis· tration of justice.
LA WYERS REQUIRED-Kang and Company , an established Lower Mainland law ftrm with a large existing clientele, seeks interested experienced legal counsel with 5- 10 years call and 10+ years call in Family Law , Civil Litigation, and Criminal Law For further information, please contact Ms. Dhaliwal by phone at 604-572 -8871 or fax 604-572-6127
IN-HOUSECORPORATELAWYERsought for industrial chemical company in Delta to direct and coordinate legal issues Junior lawyers with a desire to learn are encouraged to apply. Exp. in environmental, contract, litigation, gov't regulatory issues and US legal issues all helpful, but not essential. Attitude and the ability to work as a member of a team are vital. Starting salary is $40 ,000 -50,000 depending on skill level and exp. Performance and salary review six months from the date of hire. Start ASAP, but no later than July 1, 2002. Send cover letter and resume to jenniferresume@ angusone.com, with Job #JMLA W as subject.
JUNIOR ASSOCIATE WITH MEDICAL BACKGROUND & TRIAL EXPERIENCE seeks litigation or criminal defense position in Vancouver for July 1, 2002. Please telephone/ fax 604-215-9407.
Classified Ads
TAKE THAT BREAK - BOOK A LOCUM David Freeman Phone: 1-888-752-8846; Fax: 1-877-743-9623; e-mail lawyers@telus net
ACORN MEDIATION SERVICES- 25 yrs exp., all fields, Juris Doctor, LLB ret., CA ret. , 604-945-7206 (24 hours), cell 604-763-7206
PROJECT LAWYER - Many years exp in downtown Vancouver in legal research, drafting pleadings/submissions. Expertise: litigation , labour, emplt. , crim., municipal & insurance law. Contact Janina M. Kon at 604-733-6394.
BRAND-NEW IDGH QUALITY SURREY LAW OFFICE. Space Sharing available, flexible rates/sizes York Business Centre 128'h & 80th Ave Call Dil 604-828-4297.
ARVAY FINLAY, a litigation boutique with offices in Victoria and Vancouver , is seeking a senior litigation counsel to anchor its Vancouver office. Our ideal candidate would be a lawyer with over 10 years ' experience and with a transportable practice. Arvay Finlay has been consistently rated by LEXPERT as among the top litigation firms in BC. Written enquiries in confidence to Arvay Finlay, Barristers, 4'h Floor, 888 Fort Street , Victoria, B C. V8W 1H8 (Attention: Janet Bradley).
Member Services
Continued from page 3 I
SUMMER FUN AT PLAYLAND
CBA Members can purchase Playland General Passports (for people taller than 48 inches) for just $18, (incl.GST) reg. $24.56. Call Member Services for further information or an order form, or visit www bccba org
CBABC PREFERRED HOTELS
Remember CBABC Preferred Hotels for business or pleasure travel this summer! For a complete list of CBABC Preferred Hotels, consult your Ben efits of Membership handbook or visit www.bccba.org.
VANCOUVER SYMPHONY
CBABC members will now receive a
15 per cent discount for all Vancouver Symphony performances. Contact Barry Jakel at 604-684-9100, ext. 248 to book your tickets . Please remember to identify yourself as a CBA member. More information is available at www.vancouversymphony.ca.
WHISTLER NORTHWIND
Whistler Northwind Luxury Train has special pricing available to CBABC members for June 23, 26 and September 15, 25 departures. Three days and two nights on BC' s most luxurious passenger train. Savour a s pectacular experience, as you journey up the coast to Whistler, and inland to Prince George. Round trip packages start at $1 , 020 plus taxes . More information is available at www.bccba.org or call 604-687-3404, ext. 500.
COMMITTEE- ADMINISTRATION BONDS
Bonding for the legal profession, by an organization serving your community.
Phone: 604-877-4920
Fax: 604-709-4773
Email: laird_lockhart@vancity.com VanCity It's right here "
LOOKING FOR LA WYERS or legal support staff? Contact Sandra Webb to advertise in BarTalk The August issue's deadline is July 12.
Advertising
CLASSIFIED AD RATES
INSERT RATES (all of BC)
Ins e rt rates will inc reas e in August 2002. Book y our ins e rts now to res e rve thes e low rates.
Please direct advertising inquiries to Sandra Webb at 604-687 - 3404 or 1-888-687-3404 , ext. 318 (e-mail cba@bccba org).
2003 DIRECTORY - Have you received your Directory proof? The deadline for changes is June 30. Contact the CBABC Database Administrator, Erin Folka at (604) 646-7862 or efolka@bccba.org
Change of Address? E-mail address changes to data@ bccba.org