The Canadian Bar Association
British Columbia SC Family Law Decisions Off the Web
Internet access only in specific cases
n response to concerns raised by members of the public and legal profession, Chief Justice Brenner of the Supreme Court of BC initiated a review of the Court's practice of publishing family law decisions on the Internet. The Canadian Bar Association, BC Branch was encouraged to provide input for the Court's consideration, and members of the CBABC' s Provincial Council were asked to canvass the profession for input.
Madam Justice Martinson and Mr. Justice Preston attended the CBABC Provincial Council meeting on June 22, 2002, to receive comments from Council members. The Justices expressed the Court's wish to strike a balance among a number of passionate and competing interests regarding privacy protection and ensuring access to court decisions.
Members of Council raised several issues and proposals, reflecting the varied opinions on the matter within the profession. Many members spoke in favour of maintaining electronic access. This was viewed as particularly important for rural practitioners experiencing the brunt of cutbacks to courthouse libraries and other resources, which has made Internet access invaluable
Given the importance of access to court decisions, both for the profession and for lay litigants, it was suggested that privacy concerns could be resolved by removing identifying features from the decisions, as is done in cases involving young offenders. The Justices indicated that lack of resources would make this a difficult practice to put into place for all decisions.
The difficulty facing the judges is that protecting privacy is not simply a matter of using initials, but also of "sanitizing" the judgments to remove other identifying features.
Many members expressed their support for parents who had told them they were dismayed and outraged at discovering that very personal matters in their own and their children's lives were available to "the kid next door" cruising the Internet. Some members suggested a password system, that would ensure that only lawyers and/ or those who had a specific reason for trying to access the case could do so
In a letter to President Carman Overholt following the meeting, Chief Justice Brenner thanked the CBABC for the Bar's input.
In light of the competing policy concerns, Chief Justice Brenner announced that effective September 1, 2002, the Supreme Court of BC will no longer publish judgments in family law cases on the Court's Web site, with one important exception: If a judge or master of the Court considers that his or her judgment is one that should be posted on the court's Web site for any reason, including the fact that it is considered to have precedential value, then the judgment will be posted. For judgments that are to be posted, the judge or master will remove names and other sensitive personal information before the judgment is released.
Judgments will continue to be available through legal publishers, in the court registries and, as of September 1, 2002, on request from the BC Courthouse Library. •
Public Trust and Confidence
Something we earn and protect
he recent controversy over the No matter what some may believe, law is not alleged inappropriate payment to simply a business; let us be under no illusions family members of the accused in on that score. We may have many of the same the Air India case; the length of the interests and concerns as the thousands of Glen Clark trial and the anticipated men and women in business in BC (the unfair Carman Overholt length of the Air India trial; allegations of law- and discriminatory tax on legal services comes yer involvement in the misappropriation of eli- to mind), but we exist because there is a rea-
President 2001/2002 ent funds; courthouse closures; the devastating son for this profession well beyond economBC Branch, cuts to family legal aid and the virtual elimina- ics. We are the guardians of the true underCanadian Bar Association tion of poverty law legal aid - all are matters pinnings of what holds us together as a that should concern us because of the way society. Business does not get conducted, relathese events diminish public trust and confi- tionships do not get clarified, tangled disputes dence in the justice system generally, and the do not get resolved, without us. It is not neelegal profession as a whole essarily an indispensable role, nor one we
can ever take for granted, but it is one in
The issues that face us are not simply "the gov- which we can, and should, take great pride. ernment' s problem" to deal with; these are problems for
At this critically important us as a profession, and will The trust and confidence of time in the history of our take all of us working to- the public is ... the basis upon province, the legal profesgether to deal with them. which we earn the right to sion has an opportunity to The response required is self-regulatio n. contribute its ingenuity one of a united profession, and creative ability to adseeking to convey and dis- dress the challenges that play to the public that of the few institutions face the justice system, and to ensure that we left standing in this province, we are the foun- maintain public trust and confidence. Workdation from which a better British Columbia ing together, we have an opportunity to speak can emerge. up against government cuts, to work to mitigate the terrible effects of those cuts, and to Any alleged inproprieties, any hint of dimin- participate in the Administrative Justice Reishment in the justice system, serve only to un- view, the Civil Liability Review, the Justice dermine public trust and confidence. We who Review Task Force to ensure that the interests work in the justice system know this well, and and rights of the lawyers and people of BC are we seek daily to overcome these impressions represented. This is not a quixotic battle : surveys of the public have consistently shown that people believe Together, the Canadian Bar Association, the that lawyers are to be trusted for their integri- Trial Lawyers Association and the Law Society, ability and commitment. These are the val- ty are working hard to make an impact that ues we hold true for our profession, and we counts . It is in our interest as a profession to are as dismayed as anyone else when there is speak up as one voice, to be as strong in our any downfall apparent in an individual or in opposition to unjust change as in our support the system itself. and invo lvement/in change that makes a posi-
The trust and confidence of the public is the capital we rely upon in order to maintain our profession, and the basis upon which we earn the right to self-regulation. Not one of us can afford to be complacent or apathetic in that regard .
tive difference in our justice system.
I thank you for this opportunity to serve as President during a challenging year of seeking to make a difference on behalf of BC's lawyers, and to protect the principles of access and equality before the law. •
Provincial Council
Highlights from the June meeting
n my last column I described for you the makeup and mandate of the Provincial Council. Since becoming Executive Director, I have prepared a document entitled "Highlights of Provincial Council" following each meeting, as a briefing note for Elected Members and Section Chairs to report on the activities of Counci l to their respective constituents. Because we are now into summer, and most bar groups do not meet, I thought it desirable to use this column to report to you on some of the 25+ agenda items covered at the June 22, 2002 Provincial Council meeting.
Elections: The following members were elected for 2002/2003:
David Paul (Kamloops ), President Robert Brun (Vancouver), Vice-President Michael Woodward (White Rock), SecretaryTreasurer Sabrina Ali (Vancouver), Equality Committee Representative Ron Lamperson (Qualicum Beach), Officer Kay Melbye (Victoria), Officer Diana Dorey (Vancouver) and Meg Shaw (Kelowna), re -elected as Officers Bill Clarke (Kelowna), re-elected as Young Lawyers Representative
All of these individuals together with Carman Overholt as Past-President will form the 2002/ 2003 Executive Committee.
I also reported on the election of 21 Council members.
Budget: The Branch Operating and Capital Budget for 2002 I 2003 was approved as presented
Family Law Cases on the Supreme Court Web site: Justices Martinson and Preston received representations from members of Council on this important issue Persuasive arguments were made both for and against the continued publication of these decisions (the Chief Justice's decision is reported on page 1) .
C ivil Liability Review: Assistant Deputy AG Robert Lapper and Ministry consultant Alix Campbell made a presentation on this topic and invited input from the Branch by October 2, 2002 on the six topics under review. Immediately preceding this presentation, Council heard a presentation on the ultimate limitation period under the Limitation Act, one of the six topics. After lengthy discussion, it was the consensus of Council that the Branch prepare a background information paper but not take a position on any change to the Act.
Governance Policy Matters: Council adopted extensive policies for the operation of its Sections and Committees. It also adopted a new Bylaws and Resolutions Committee.
Services for Members: Council adopted a proposal to create a special committee for the purpose of pursuing the formation of a conference on women's advancement and recognition in the legal profession.
Council also received reports from the Child Care Working Group as well as the Member Dispute Resolution Group The former provided a demonstration of the proposed additions to the CBABC Web site which will include information on child care, parenting, work/life balance, as well as links for specialized resources Council gave approval to the continued work of both of these groups for the coming fiscal year .
Awards: During the luncheon adjournment, President Carman Overholt presented the Vancouver County Community Service Award to Halldor Bjarnason and also presented Certificates of Recognition to those members of Council who had completed three and six year terms.
Sponsorship: The June Council meeting was sponsored by CBABC' s newest preferred supplier, Dye & Durham. Additional information about the services and benefits of this preferred supplier are available at www.bccba org •
Once is never enough!
If you have changed firms , changed addresses, have a new e-mail address or phone/fax number, you need to let us know. Letting the Law Society in o n t he secret is not enough!
Contact us at data@bccba.org, phone 604687-3404 or fax 604-669960 I. (Toil free option s: phone 1-888-687- 3404 or fax I0-877 -669-960 I)
Frank Kraemer
Executive Director BC Branch, Canad ia n Bar Association
BC Universality
A time lor more - not less - unity
he latest screed against universal Canadian Bar Association membership just crossed my desk. It calls for ending the half-century tradition of universality that the lawyers
Russell w. Lusk, QC of British Columbia debated and freely voted
to institute in the 1940s, and have freely voted Russell w. Lusk, QC served to continue every year since.
during 1996/97. questions is a clear "no."
Your membership dues would support ongoing CBA advocacy - including interventions with government to successfully fight shortsighted legislation that opposes lawyers or their clients' interests, and support for campaigns that improve the image of lawyers, making people rethink their long-held stereotypes and see us for the essential service we provide. You would benefit- but so would your colleague, who paid nothing
as the President of the BC Branch of the Canad ian Bar Is a move away from universal membership Association during 1989/90 wise economically? Is it wise professionally? Is and as National President it fair? I suggest that the answer to all of these Fairness dictates that everyone should make a contribution. There will always be differing views as to individual benefits derived from fees paid, including those paid to law societies. Some criminal lawyers object to paying high liability insurance premiums, saying it is the real estate lawyers, and not them, who get sued. Others object to high payments to libraries which others use to a greater degree. In our profession, a certain amount of sacrifice for the greater good of all is not unreasonable.
Universality benefits the profession at large And indeed, lawyers today need a strong unified voice to promote and defend our interests. Law Societies have a statutory mandate to deal with governance of the legal profession, but that mandate must be carried out in the public interest. The Canadian Bar Association also has a mandate - to act on behalf of the interests of the legal profession.
The CBA is a respected and effective voicewhether dealing with issues of legal aid funding, notaries and immigration consultants, independence of the bar and judiciary, or many other issues, it is an association that is listened to today It would be an error to underestimate the effectiveness of our provincial organization - it speaks with an authority founded upon its universal membership.
Some have asserted that whether you pay your CBA dues ought to be left up to your personal preference. However, if membership were voluntary, suppose you joined, but your colleague down the street didn't- what would happen?
The CBA has a mandate given to it through a democratic vote of its members to defend the interests of our profession and to do so strenuously, effectively and continuously. The idea of moving away from universal membership is, I suggest, going in the opposite direction to that in which our profession should be going. Never in the history of our profession has there been a greater need for everyone to be a participant.
There is strength in unity. That is a position that has served our profession effectively for decades It is a tradition worthy of and maintaining •
Annual General Meeting of the Law Society of BC September 20, 2002, Four Seasons Hotel, Vancouver, 12:30 p.m . (plus eight other locations) For more information on the meeting, visit www.lawsociety.bc.ca or call 604-669-2533
Annual General Meeting of the Canadian Bar Association, BC Branch September 21, 2002, Delta Airport Hotel, Richmond, 1:30 p.m. (plus nine other locations) For more information on the meeting, visit www bccba.org or call 604-687-3404 (1-888-687-3404) •
The Value of Membership
A strong CBA benefits us all
niversal CBA membership has meant a lot for the legal profession in BC. It has made possible, more than in any other province, many actions and achievements that are important to the legal profession. Many of us have devoted much of our professional lives to the Association. Some of us have been less involved, but we all benefit from having a strong professional association that stands up for and works hard on behalf of us as lawyers.
Having served as Branch President way back in 1995/96, I am acutely aware of how important universal membership is to the day to day functioning of the Branch. Because of universal membership, the BC Branch has the responsibility and benefit of representing all facets of the profession in this province. This means that the treatment of issues, and the approach to external parties, must be balanced. The Branch cannot proceed on the basis that all members are like-minded. This attribute serves the members most dramatically when we are dealing with external parties. We are seen less as a special interest group than as a body of diverse individuals attempting to achieve the appropriate blend of self interest and public interest. This is consistently recognized by government, other professional associations, the media, and the public.
This credibility allows us to provide discreet and confidential advice on the development of legislation and the achievement of good practical laws We are trusted by government, in a very practical sense, and we are consulted by the media because we have access to informed representatives of the profession who can speak both knowledgeably and with accountability.
Within the structure of the National Canadian Bar Association, the BC Branch enjoys significant influence. It is the envy of other associations. That envy stems not simply from the fact of universal membership . It is felt because we
can utilize all our resources, monetary and otherwise, to the benefit of our members. We are not required to expend those resources in membership drives, promotional exercises and self justification. While there may be value in having to justify the existence of an association, it is less necessary where the association performs its functions so successfully .
In dealing with suppliers to the profession or offering member services to the profession, (think of the Canadian Bar Insurance Association), the ability of the BC Branch to access its entire membership is invaluable . Universal membership allows suppliers to offer significant competitive benefits and to rely upon the Branch to deliver on its part of the bargain.
There are persuasive arguments, advanced on sound principles, against the compulsion of membership. However, that compulsion must be weighed against the benefit of universality. As someone who has seen where the rubber hits the road, universal membership in the CBA remains the sensible and prudent option.
Every year, at the Law Society Annual General Meeting, the opportunity exists for any member to speak, and vote, for or against the motion to include the CBA fee with the Annual Practising Fees of the Law Society. This is the way we do things. We should not make short term decisions, in isolation, or on the basis of limited debate or discussion. Universal membership in the CBA is not something to be squandered on the basis of petulant editorials or in the course of hot issue disputes .
Universal membership means having to accommodate diverse needs and views, and trying hard to find consensus. I believe it's worth that effort, to have and keep a strong association standing up for us as lawyers, providing tools and education to help us become better lawyers, teaching the public about the justice system and our role in it, and participating in law reform. •
John D Waddell, QC served as the President of the BC Branch of the Canadian Bar Association dur ing 1995/96
john D. Waddell, QC
Shelley Bentley Shelley Bentley is in private practice at G Davies & Company.
The BC Branch sponsors 72 Sections which play a vital role in keeping members informed on both changes in the law and 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 & NATURAL RESOURCES FORESTRY (JOINT MEETING)
Counsel in the recent BCCA decisions in Tlingit Ganuary 31, 2002) and Haida (February 27, 2002) led a panel discussion on recent developments in the duty to consult with Aboriginals.
The Tlingit case deals with the environmental review of Redfern Resources Tulsequah mine and road access construction through Tlingit traditional territories. The BCCA concluded that the Provincial Crown had a duty to ensure that the issuance of a project certificate would not interfere with Tlingit Aboriginal Rights That duty arose even though the substance of those rights had not yet been determined in court. Madam Justice Southin held that the Ministers have to make a political decision that requires the balancing of interests. They do not have constitutional capacity to decide questions of Aboriginal title or rights . Paul Pearlman, counsel for the AG of BC in Tlingit, commented that this case indicates that as long as the decision-makers have made a bona fide attempt to balance all interests, to be mindful of potential infringement and to address the substance of Aboriginal concerns, they can still make decisions about resource allocation
ENTERTAINMENT LAW
As broadcasting on the Internet becomes more of a reality, lawyers are faced with the need to understand the technology and the development of this distribution medium and the role
it will play in the distribution and exploitation of film and television products
A Microsoft Canada representative spoke to Section members on the evolution of broadcasting on the Internet, how technology has developed and what to expect in the future.
TAXATION LAW
The use of life insurance has been a popular way to overcome the burden associated with the deemed disposition occurring immediately prior to death under section 70(5)(a) of the Income Tax Act Len Glass from Lawson Lundell discussed some of the options available for planning for the death of a shareholder under the current rules. The expansion of the stop loss rules from corporations to include individuals and the reduction of the capital gain inclusion rate from 75 per cent to 50 per cent without a corresponding reduction in the effective dividend tax rate has opened up new possibilities .
WOMEN RAINMAKERS-VANCOUVER
Janet Dean, a leadership and performance consultant with the Practice Development Group Inc., described leadership attributes specific to women leaders, including resilience, intuition, compassion, good social skills, having direction, putting priority on competence in staff, empowering others, having a non-hierarchical view of leadership and seeing communication and conflict resolution as key to organizational success. Ms Dean commented that resilience combines strength, wisdom, the ability to adapt to change and manage misfortune. She noted that a resilient leader incorporates creative rituals into daily routine for the protection of continuity and consistency. These rituals include family celebrations, holiday celebrations, birth to death events, and everyday things such as playing soft music at a desk, keeping flowers in the office and avoiding stress consciously as part of an organized framework to guide life
David J. Bilinsky
David J. Bilinsky is the Practice Management Advisor at the Law Society of British Columbia. He can be reached on the Internet at dbilinsky@lsbc.org
The views expressed herein are strictly those of the author and may not be shared by the Law Society of British Columbia
Reach For the Stars Achieving excellence in the practice of law
)l
Only night will ever know Why the heavens never show
All the dreams there are to know Paint the sky with stars )l
Music by Eithne
Nf Bhraonain,
lyrics by Roma Ryan, recorded by Enya
It is annual performance review timeagain . You recall your earnest resolution that "things were going to be different this year!" Reflecting for a moment, you realize that not much has changed, people are more or less performing as they were last year. Your own performance has fallen into a predicable range - or rut. You ask yourself "How do other businesses manage to achieve better-than-ordinary results?" What is their magical formula? Short of cracking a whip, how do you motivate yourself, and others, to excellence?
The high art of achieving extraordinary results from people has been clearly demonstrated time and time again. However, it is an inexact science with many factors and ingredients. Let us examine the tips and techniques that have been put forward toward achieving lofty goals:
• The Oracle at Delphi dispensed age-old, but very pertinent advice namely: Know Thyself. To achieve excellence you have to start with a strong potential - so ask yourself what is it that you are very good at? Put it another way: Marketing is not selling what you have but knowing what you have will sell . You probably know lawyers who are doing whatever comes in the door rather than concentrating on what it is that they are good at. Clients want and expect to retain a lawyer with a strong reputation and profile- they seek out those lawyers.
Isn't that what everyone wants- a practice where the clients find you rather than you trying to find the clients? Start building your profile by deciding - now - where lies your best potential to be excellent.
In the April2002 issue of Fast Company is an article on the University of Maryland, Baltimore County (UMBC) and the PanAmerican Chess Championships - and how the UMBC Chess team went from placing 26th out of 27 teams, to taking the tournament's fifth title in six years in December 2001. Their secret? By recruiting top high-school students and creating an environment where it is "Cool to be Smart" . Oh, another factor, the majority of students are African-Americans. UMBC's exacting standards combined with their desire for everyone to succeed- creates a "fire in the belly" of students that helps them succeed . This approach is 180° off the conventional educational approach involving disadvantaged children- namely that you lower expectations for such kids because high expectations would be an excessive burden. The message: set high standardsyou may be surprised at the results!
So what motivates people to perform? Money? Studies show that while employees desire money, they are motivated by intangibles: challenge, recognition, opportunity for growth, involvement, meaningful work and pride . Money is a way of determining successkeeping score, so to speak, and is therefore the result of doing excellent work, not the incentive. What is the world's most powerful motivator? Achievement. "I do because I can." Motivation is tied to
Lawyers Assistance Program
LAP provides confidential s upport, counselling and referrals for lawyers , their fam ili es, support staff, judges and students suffer ing from a lcoho l and/or chem ica l dependency, stress, depression or just about any type of personal problem
For assistance or information on meetings and resources please call 604-6852171 or to ll free 1-888-685-2171.
The LAP office is located at 415-1080 Mainland Street, Vancouver, BC V6B 2T4.
Practice Talk
Continued from poge 7
"internal matters" - grey matter, ultimately.
Assume full accountability for your future Now surround yourself with other highachievers. Placeyourselfinahigh-nutrient mix, where the peers with whom you associate will radiate higher expectations and their own pursuit of excellence We tell our kids not to associate with certain crowds - do we walk the talk?
Acknowledge other's successes. Don't dwell on errors - praise results in public and deal with problems in private. Listen to your staff and their suggestions and act on good ideas. Whenever possible, give immediate feedback (shortens the learning cycle) and positive reinforcement. Give staff greater autonomy and encourage them to be confident and responsible. Do annual performance reviews and let the staff member verbalize their own strengths and weaknesses - and set their own methods on how they are going to grow. Let each staff member know why each person is put in their position. Let each individual know what skill development is required for them to go beyond their present job. Be clear on what it is you expect them to accomplish in their present position Make sure that the people with whom they work know this, too . Most of all, be consistent - be seen to be dealing with the deadwood as a way of communicating that low performance is not tolerated.
Offer to pay for skill development Gobrelated, interpersonal and communication skills) . Encourage staff to seek out managerial responsibilities in social settings - community groups, schools, social institutions, non-profits, etc. - for the skills that they learn in those settings will come back with them into the work environment - as well as the recognition for a job well done.
Model the behaviour you want. Care
passionately about results. The test of anyone's character is when the going gets tough. Keeping a firm hold of the basicsgrace under fire - tells volumes to the world and keeps the troops going. Edith Wharton said: "There are two ways of spreading light: to be the candle or the mirror that reflects it." Churchill went further and said "In the past we have had a light which flickered, in the present we havealightwhichflames, and in the future there will be a light which shines over all the land and sea."
Bring people into big projects. Let them feel and be part of the action. They can learn from their involvement and you can benefit from their energy.
Eliminate bottlenecks and Red Tape. Process is important - except where it becomes an inhibitor of performance and new ideas. Recognize where your own procedures could be putting the stop to greater things
Have fun. Visit: www.spacecamp.com and read the testimonials from the alumni. Operated in conjunction with NASA, these programs challenge kids and adults to be, in effect, rocket scientists. (Canadian version: www.spacecampcanada .com).
Comments from those who went through the camps (300,000 to date) consistently state thatit was the experience of a lifetime. Achieving excellence and mastering new ideas does not have to be a slog . The evidence is clear -people who are having fun outperform those who are not.
Moving to higher ground may ultimately depend on ignoring the glitter and concentrating on that quiet place inside all of us where dreams are made and a candle glows on what mightyetbe.
Pacific Legal Technology Conference:
Innovation that Pays for Itself
Friday, October 18, 2002 Vancouver Convention & Exhibition Centre www.pacificlegaltech.com
Stuart Rennie Stuart Rennie is the CBABC Legislation & Law Reform Officer He can be reached at 604-949-1490 (e - mail srennie@bccba org)
Every effort is made to ensure the accuracy of the information provided to you in this article but the info rmation should not be relied upon Lawyers should refer to the specific legislative or regulatory provision. You will see a reference in some cases to the number of the Bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation 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 library
Additional d etail on the following Acts in Force, New Bills to Note, Regulations to Note, and Reports Available can be found in th e onlin e issue of th e August BarTalk, posted at www bccba org
ACTS IN FORCE
Budget Measures Implementation Act, 2002, S.B.C. 2002, c. 7 (Bill 2)
Summary: Section 6 repeals the Fisheries Renewal Act, S.B .C. 1997, c. 22. Sections 4 and 5 (b), the part of section 12 relating to Fisheries Renewal BC and sections 21 to 26 regarding striking out references in specific statutes to Fisheries Renewal BC. Sections 3, 5 (c), 7 to 11, the part of section 12 that strikes out Forest Renewal BC, New Forest Opportunities Ltd and the Office of Jobs and Timber Accord Advocate as a public body, and sections 16, 28 and 29 regarding striking out references in specific statutes to Forest Renewal BC.
In Force: Section 6 in force July 1, 2002 Sections 4 and 5 (b), the part of section 12 relating to Fisheries Renewal BC and sections 21 to 26 in force July 1, 2002 . Sections 3, 5 (c), 7 to 11, the part of section 12 that strikes out Forest Renewal BC, New Forest Opportunities Ltd. and the Office of Jobs and Timber Accord Advocate as a public body, and sections 16, 28 and 29 in force June 27, 2002.
•
Carrier Lumber Ltd. Forest Licence Compensation Act S.B C. 2002, c. 38 (Bill 58)
Summary: Bill 58 settles the legal action in BC Supreme Court filed in the Prince George registry as a result of actions of previous governments that adversely affected Carrier Lumber Ltd.'s forest tenures in the Williams Lake area of the Province
In Force: Act in force June 4, 2002
•
Child, Family and Community Service Amendment Act, 2002, S.B C. 2002, c. 21(Bill 17)
Summary: Bill17 amends the Child, Family and Community Service Act, R.S.B.C. 1996, c 46 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
In Force: Specified sections in force May 30, 2002 and others in force June 27, 2002 including specified sections of the Supplement to the Child, Family and Community Service Act, which are in force June 27, 2002 •
Crime Victim Assistance Act, S.B.C. 2001, c. 38 (Bill 24)
Summary: Bill 24 repeals and replaces the Criminal Injury Compensation Act R.S.B.C. 1996, c. 85. The administration of the program is moved from theWorkers' Compensation Board to the Ministry of Public Safety and Solicitor General. Bill 24 removes awards for pain and suffering. Some categories of compensation are eliminated and replaced with other categories of benefits.
In Force: Act in force June 30, 2002. Specified sections of the Criminal Injury Compensation Act repealed effective June 30, 2002 under Bill 24. •
Deregulation Statutes Amendment Act (No. 2), 2002, S B.C. 2002, c 25 (Bill 35)
Breaking News on the Wirick Case
On July IS, 2002, the Real Property and Banking Law
Sections met to discuss the case of Martin Wirick, who is currently being investigated for matters related to fraud in real estate transactions Members of the profession expressed their concern about I) the extent of fraud involved, and the number of clients involved on whose behalf other lawyers acted in good faith; 2) the potential for a Special Assessment; and 3) implications for the relationship between financial institutions and lawyers. Minutes of this meeting are available to all CBABC members at www.bccba.org.
A Law Society Special Task Force is tasked with developing recommendations on this matter Lawyers can provide input to Ron Usher (rusher@lsbc.org). If you have any information relevant to the Wirick investigation, contact Mary Ann Cummings at specialfund@lsbc org. If you have suggestions for change to the standard form real estate contract, contact Ed Wilson at ewilson@lawsonlundell.com prior to September 5, 2002
Legislative Update
Continued from page 9
Summary: Section 58 amends the Motor Vehicle Act R.S.B.C. 1996, c. 318 to add a new part to permit an owner of an impounded motor vehicle thatis used by a sole proprietorship, partnership or company to apply to the Superintendent of Motor Vehicles for the release of the motor vehicle on the grounds that the impoundment will cause economic hardship. Section 60(b) amends the Motor Vehicle Act to add new provisions that prescribe the application and impound release fee for the early release of the motor vehicle on grounds of economic hardship.
In Force: Section 58 and section 60(b) in force June 28, 2002
Act, R.S.B.C. 1996, c. 318 to regulate "motor assisted cycles" (cycles propelled by human power and fitted with a motor not exceeding a prescribed power).
In Force: Act in force June 21, 2002
Miscellaneous Statutes Amendment Act, 2002, S.B.C. 2002, c. 22 (Bill11)
Summary: Sections 11 to 22 amend the Strata Property Act S.B.C. 1998, c. 43 including 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 .
In Force: Sections 11 to 22 in force June 21, 2002
Motor Vehicle Amendment Act, 2002, S.B.C. 2002, c. 49 (Bill 52)
Summary: Bill 52 amends the Motor Vehicle Act, R.S.B.C.1996, c. 318 to permit police to impound vehicles involved in racing for 48 hours on a first incident and 30 days on subsequent incidents within a two-year period.
In Force: Act in force June 28, 2002
Miscellaneous Statutes Amendment Act (No. 2}, 2002, S.B.C. 2002, c. 48 (Bill 54)
Summary: Section 65 amends the Public Sector Pension Plans Act R.S.B.C. 1996, c. 384 to enable the minister responsible for the BC Investment Management Corporation to appoint an additional member to the board of directors.
In Force: Section 65 in force June 6, 2002
Public Safety and Solicitor General Statutes Amendment Act, 2002, S.B.C. 2002, c. 52 (Bill 51)
Summary: Sections 1 to 21 amend the Crime VictimAssistanceActS.B.C. 2001, c. 38, including to: permit children under 19 years of age of a deceased victim to apply for benefits, permit immediate family members to apply on behalf of a physically or mentally incapable relative who does not have a legal representative, specify which categories of benefits may be paid to applicants and may be paid as a periodic or lump sum payment as provided for in the Act subject to the regulations, require applicants to provide information and verification in order to qualify for benefits and expand the situations where benefits may be reduced, limited, suspended or terminated.
In Force: Sections 1 to 21 are in force June 30, 2002
Motor Vehicle Amendment Act, 2000, S.B.C. 2000, c. 16 (Bill 20)
Summary: Bill 20 amends the Motor Vehicle
Registry Statutes Amendment Act, 2002, S.B.C. 2002, c. 17 (Bill 20)
Summary: Section 1 and 2 amend the Company Act, R.S.B .C. 1996, c. 62 to provide the legal authority for government to offer continuous, Internet-based, electronic delivery of filing and registration services for the corporate registry.
Sections 4 to 20 amend the Partnership Act, R.S .B.C. 1996, c. 348, including: requirements for filing, creating a offence to make false or mis l eading statements unless reasonable diligence is proved, to provide the legal authority for government to offer continuous Internet -based, electronic delivery of fi ling and registration services.
In Force: Specified sections in force May 10 and June 6, 2002. Section regarding the Manufactured Home Act, R.S B C. 996, c. 280, 3 to come into force by regulation .
University of Northern British Columbia Act, R.S B C. 1996, c 472
Summary: The University of Northern British Columbia Act establishes an interim governing council, board of directors and senate to be dissolved on a date set by regulation and upon dissolution these bodies to be con t inued as provided for under the University Act.
In Force: Act repealed July 15, 2002
Workers Compensation Amendment Act, 2002, S.B.C. 2002, c. 56 (Bill 49)
Summary: Specified sections governing mental stress, occupational disease and hearing loss and death of a worker and disability benefits and related matters of the Workers Compensation
A ct R.S .B.C. 1996, c. 492 are in force June 30, 2002
REGULAT I ONS TO NOTE
Company Act, creates the Annual Report Filing Regulation requiring annual reports to be filed electronically and fi l ed in paper fo r mat only if the registrar advises that the registry is unable to accept annual reports in electronic format or with the prior approval of the registrar for paper format filings under sections 333 or 335 of the Company Act (effective July 2, 2002 (B.C. Reg 89 I 2002) ), a new Form 4 (Notice to Change Office) in Se cond Schedule of the Company Act (effective May 10, 2002 (B C. Reg 9012002)).
Court Rules Act, amends B.C. Reg. 221190, to
replace For m 134 (Restraining Ord er ) (effe ctiv e July 1, 2002 (B.C. Reg . 10 7 12002)) .
Motor Vehicle Act, creates the specifi cations for motor assisted cycles (effective June 21 , 2002 (B C. Reg. 151 I 2002))
Partnership Act, creates a new Form 2 (Statement of Registration of Genera l Partnership or Sole Proprietorship) in the Appendix to the Partnership Regulation (B .C. Reg. 524178) (effective May 10, 2002 (B.C. Reg. 9312002)).
NEW BILLS TO NOTE
Information is current at the time of preparing this article: July 8, 2002 Lawyers should refer to the original version of the specific Bill for its current status at First, Second or Third Reading or Ro y al Assent.
BENCH8fBAR DINNER
The CBAB C and the Law Society o f BC inv ite members to atten d the 18th An nu a l Ben ch & Bar D inne r o n Nove m be r 21 , 20 02 at the Wes t in Bayshore Resort & Marina
Advanced Education Statutes Amendment Act, 2002, S.B.C. 2002, c. 35 (Bill 50)
Amended: Coll ege and In stitute Act, R.S .B.C. 1996, c 52, Criminal Records Review Act, R.S B C. 1996, c. 86, Degree Authorization Act, S.B C. 2002, Engineers and Geoscientists Act, R.S .B.C. 1996, c. 116, Fr eedom of Information and Protection of Privacy A ct, R.S .B.C. 1996, c. 165, Motor Vehicl e Act, R.S B C. 1996, c 318, Municipal Finance Authority Act, R.S B C. 1996, c 325, Sch edul e to the Ombudsman Act, R.S .B.C. 1996, c. 340, Public Secto r Employers Act, R.S.B C. 1996, c 384, School Act, R.S .B.C. 1996, c. 412, Technical Uni ve rsity of British Columbia Act, S.B.C.1997, c. 54, Uni ve rsity Act, R.S .B.C. 1996, c. 468
Transitional Provisions: Technical Univ ersity of British Columbia Act and University Act
Statutes Repealed: Technical Univ ersity of British Columbia A ct by regulation
Summary: Bill 50 repeals the Technical Uni vers ity of British Columbia Act. Bill 50 also amend s the Engineers and Geos cientists Act to autho r ize the Association of Professional Engineers and Geoscientists of BC to: make bylaws requiring
T he even ing wi ll include presentation of: the CBABC Georges A. Goyer, QC Memorial Awa r d for Disting ui shed Service
t he Law Soc iety Award for o utsta nd ing contr ib ut io ns t o the legal profession an d the commu nity
The even in g' s ho sts w ill be David Pa ul , Pres ident, 2002/ 2003 , Ca nadian Bar Associat ion , BC Branch and Richa r d Gib bs, QC , Pres ident, 2002 , Law Soc iety of BC. Cockta il s at 5 :45 p m (cash bar), with dinner at 6 :30 p.m
Seat ing is limited Ti c kets are $75 (in cl. GST) a nd will be availa bl e afte r August 31 wh ile q uant iti es last For more infor mat io n, p lease ca ll Kr is Jo h nson at 604-687-3404 , ext 50 0 or to ll free 1-888-687-3404
Where is the McNeill Cup?
Members of the Cariboo Bar Association are still try ing to locate the McNeill Cup, which has been missing for almost three years. The Cup is awarded at the annual convention for excellence in a competition of the host community's choice.
There is a reward offered for the return of the McNeill Cup: free registration to the 2003 Convention to be held in Prince George.
If you know where the McNeill Cup is or can offer a tip on where it might be found, please contact President Andrew Kemp at rak@hh.bc ca or 250-5630681 or Past-President Berga Moen at msd@pris.bc.ca or 250-782-8 155 or any member of the Cariboo Bar Association All information will be treated in strict confidence
Legislative Update
Continued from page I I
Business Corporations Act (Bi/147) (First Reading May 8, 2002)
Amended: None
that the members of the association carry both Transitional Provisions: Pre-existing primary and secondary liability insurance and companies and related provisions to establish insurance and other fees
In Force: Specified sections to come into force on the repeal by regulation of sections 3 and 4 of the Technical University of British Columbia Act
Attorney General Statutes Amendment Act, 2002, S.B.C. 2002, c. 37 (Bill 46)
Amended: Lobbyists Registration Act, S.B.C. 2001, c. 42, Offence Act, R.S.B.C. 1996, c. 338, Provincial Court Act, R.S.B.C. 1996, c. 379, Sheriff Act, R.S.B C. 1996, c. 425, Supreme Court Act, R.S B.C. 1996, c. 443
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 46 makes amendments, including to the: Lobbyists Registration Act to exempt from the Act specified bodies and their employees, Offence Act to permit discounted payment for traffic violation fines paid within 30 days, establish rules of evidence for violation ticket hearings, Provincial Court Act to increase contributions by judges and the government for the pension plan for provincial court judges, Sheriff Act to permit sheriffs to search court visitors for weapons, seize weapons, refuse entry to any person with a weapon or who will not consent to a search and use reasonable force in refusing entry, evicting people from court or seizing a weapon, Supreme Court Act to repeal an anomalous requirement that a Supreme Court judge live in the Regional Peace River District.
In Force: By regulation for sections regarding the Offence Act and the Provincial Court Act . Retroactive to January 1, 2001 for sections regarding the Provincial Court Act.
Statutes Repealed: Company Act, R.S.B.C.1996 ; c. 62 and Company Act, S.B.C. 1999, c. 27 (Bill85)
Summary: Bill 47 is comprehensive company law reform, repealing and replacing the Company Act, R.S.B.C. 1996, c. 62 and Company Act, S.B.C. 1999, c. 27 (Bill 85) respecting provisions governing: directors, finance, corporate governance and registry procedures .
In Force: By regulation
Carrier Lumber Ltd. Forest Licence Compensation Act, S .B.C. 2002, c. 38 (Bill 58)
See Acts In Force
Election Statutes Amendment Act, 2002 (Bill 59) (First Reading May 29, 2002)
Amended: Election Act, R.S.B.C. 1996, c. 106 and Recall and Initiative Act, R.S.B C. 1996, c. 398
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 59 is an exposure bill introduced for public comment prior to being debated and passed in the Fall2002 session of the Legislative Assembly.
In Force: On Royal Assent
Employee Investment Amendment Act, 2002, S.B C. 2002, c 39 (Bill28)
Amended: Employee Investment Act, R.S.B C. 1996, c. 112
Transitional Provisions: For "hardship disposition, conditions for plans regarding share transactions"
Statutes Repealed: None
Summary: Bill 28 amends the Employ ee Investment Act with the goal to create competition in the labour-sponsored fund sector and provide access to provincial tax credits in the venture capital industry.
In Force: On Royal Assent
Employment Standards Amendment Act, 2002, S.B .C. 2002, c. 42 (Bill48)
Amended: Employment Standards Act, R.S .B.C. 1996, c. 113
Transitional Provisions: On the date that the new section regarding variances comes into force all flexible work schedules made under that section are cancelled
Statutes Repealed: None
Summary: Bill 48 amends the Employment Standards Act including regarding : collective agreements, records and wage statements, pay and working conditions, pregnancy and birth father parental leave, termination of employment, complaints, investigations and determinations, enforcement and appeals.
In Force: By Royal Assent except for specified sections that come into force by regulation.
Statutes Repealed: Environm ental Assessment Act, R.S B.C. 199 6, c 119
Summary: Bill 38 repeals the Environmental Assessment Act Bill 38 eliminates the current requirement for a committee to review each project and replaces that process with broad discretion in requiring environmental assessment procedures on a project-by-project basis as determined by the newly created Environmental Assessment Office, and in specified situations, by the minister.
In Force: By regulation
Forest (First Nations Development) Amendment Act, 2002, S.B C. 2002, c. 44 (Bill41)
Amended: Forest A ct, R.S.B.C. 1996, c. 157
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 41 amends the Forest Act to permit the minister to invite an application for specified licences and agreements from First Nations applicants if the licence provides that it is to further an agreement between the First Nation and the government respecting treatyrelated measures, interim measures or economic measures.
In Force: On Royal Assent
Environmental Assessment Act, S B C. 2002, c. 43 (Bill 38)
Amended: Consequential amendments made to the: Agricultural Land Reserve Act, R.S .B.C. 1996, c 10, Drinking Water Protection Act, S B.C. 2001, c. 9, Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, Local Government Act, R.S B.C. 1996, c. 323, Min eral Tenure Act, R.S.B.C. 1996, c. 292, Nisga 'a Final Agreement Act, S.B.C. 1999, c 2
Transitional Provisions: Environmental Assessment Act, Utilities Commission Act, S B.C. 1980, c. 60 and Mine Development Assessment Act, S.B .C. 1990, c. 55
Health Care (Consent) And Care Facility (Admission) Amendment Act, 2002, S.B.C. 2002, c. 46 (Bill 44)
Amended: Health Care (Consent) and Care Facility (Admi ss ion) Act, R.S.B.C. 1996, c 181
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 44 amends the Health Care (Consent) and Care Facility (Admission) Act including to: replace "health care" with an
Section Enrolment 2002/2003
Have you returned your Section enrolment for 2002/ 2003? Keep up to date on current developments of the law and hear worthwhi le practice tips at upcoming meetings starting in September with 72 Sect ions planning interesting agendas If you have not received your enrolment form in the mai l, please contact the BC Branch and one will be faxed to you Last year 367 Section meetings were held thoughout BC.
Register
now!
Online News Sources
Recent news delivery diseruptions drew attention to online news sources . The selection of sites proved vast; here's a few worth visiting: Local
• The Province & Vancouver Sun: www.canada com/ vancouver National www.globeandmail com
• www.nationalpost.com
International
• BBC : www.news bbc.co.uk
• Bloomberg: www bloomberg com/tv
• CNN: www.cnn.com
• www.dmoz.org/News/ (directory of news venues)
• Nando Times (world news) : www nando.net New York Times: www nytimes.com
• www wired com (technology news)
Do you have a favourite online news source? Please send your suggestions to slgwebb@bccba org.
Legislative Update
Continu e d from page 13
e xpans i ve definition, clarify the procedures, services, care and treatment to which the Act does not apply, provide that th e duty under the Act to consult with a s pou se, relative or friend of the adult is subject to the s pouse, relative or friend being reasonably a v ailable for consultation, streamline the r eview process for minor health care and limit the circumstances in which an appeal may consist of a new hearing.
In Force: By regulation
Human Rights Code Amendment Act, 2002 (Bill 53) (First Reading May 30, 2002)
Amended: Human Rights Cod e, R.S.B .C 1996, c. 210. Consequential amendment made to the Fre edom of Information and Protection of Privacy Act, R.S.B.C. 1996, c 165
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 53 is an exposure bill introduced for public comment prior to being debated and passed in the Fall2002 session of the Legislative Assembly . Bill 53 eliminates the : Human Rights Commission, Human Rights Advisory Council, education and information programs, the requirement for research and public consultation, all references to the commission and the commissioner of investigation and mediation regarding filing complaints , mediations and settlements, and replaces them with references to the tribunal.
In Force: By regulation
Labour Relations Code Amendment Act, 2002, S.B .C. 2002, c. 47 (Bill42)
Amended: Labour Relation s Cod e, R.S .B.C. 1996, c. 244
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 42 amends the Labour Relation s Code including to : change the purposes of the Code to specific duties that must be performed under the Code, make the prohibition on unfair labour practices subject to a new right for a person to expres s his or her views on any matter, including matters relating to an employer, a trade union or the representation of emplo ye es by a trade union, provided that the person do es not use intimidation or coercion .
In Force: By regulation
Miscellaneous Statutes Amendment Act {No. 2), 2002, S.B .C. 2002, c. 48 (Bill 54)
Amended: As sessm ent Act, R.S.B C. 1996, c 20, Constitution Act, R.S.B.C. 1996, c 66, Ecological Reserve Act, R.S B.C. 1996, c. 103, Freedom of Information and Protection of Privacy Act, R.S .B.C. 1996, c. 165, Greater Nanaimo Water District A ct, S.B C.1953 (2nd Session), c 41, Greater Vancouver Sewerage and Drainage District A ct, S B C. 1956, c 59, Greater Vancouv er Water District A ct, S B C. 1924, c. 22, Highway Act, R.S .B.C. 1996, c. 188, Land Surveyors Act, R.S B.C. 1996, c. 248, Legislative Assembly Managem ent Committ ee Act, R.S.B C. 1996, c 258, Liquor Control and Licensing Act, R.S.B.C. 1996, c. 267, Liquor Distribution Act, R.S B.C. 1996, c 268, Local Governm ent Act, R.S B C. 1996, c 323, Mental Health Act, R.S B C. 1996, c. 288, Min eral Tenure Act, R.S .B.C. 1996, c. 292, Min es Ac t, R.S B C. 1996, c. 293, Ministry of Transportation and Highways Act, R.S B C 1996, c. 311 , Motor Vehicl e Act, R.S.B.C. 1996, c. 318, 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 Sector Employers Act, R.S.B .C. 1996, c. 384, Public Sector Pension Plans Act, S.B.C.1999, c 44, Public Service Labour R elation s Act, R.S.B.C. 1996, c. 388 , Regulatory Str eamlining Miscellaneou s Statut es Amendment A ct, 2000, S B C. 2000, c 11, So cial Ser v ice Ta x Act, R.S.B .C. 1996, c. 431, Wa ste Managem ent A ct, R.S B.C. 1996, c. 482
Transitional Provisions: Liquor Appeal Board under Liquor Control and Licensing Act and Liquor Distribution Act
Statutes Repealed: Schedule to the Job Protection Act, R.S.B.C. 1996, c. 240
Summary: Bill 54 amends 26 statutes, including the: Assessment Act to allow the commissioner of the BC Assessment Authority the discretion to make an allowance for a reduction in assessed value of a linear utility, Constitution Act to correct a minor error in the reference in the Act to the repealed Crown Corporation Reporting Act, Ecological Reserve Act to allow a permit for scientific research and educational work on ecological reserves and provide regulationmaking powers for the existing ecological reserve regulations, Freedom of Information and Protection ofPrivacy Act to make a consequential amendment as a result of the elimination the Liquor Appeal Board, Greater Nanaimo Water District Act, Greater Vancouver Sewerage and Drainage District Act, Greater Vancouver Water District Act, Local Government Act to permit members and employees to be indemnified against the costs of legal action arising in the course of their duties and to exempt the district from property tax within its jurisdictional boundaries, Highway Act to impose conditions on the use of a highway, for any purpose, including a commercial purpose, Job Protection Act to make a housekeeping amendment, Land Surveyors Act to establish the regulated practice of land surveying and use of titles, Legislative Assembly Management Committee Act to transfer the authority for use and security ofthe grounds of the Legislative Assembly to the Speaker of the Legislative Assembly, Liquor Control and Licensing Act to remove the duty to provide notice of appeal rights as a resu l t of the elimination of the Liquor Appeal Board and to give the general manager the power to summon witnesses and to require them to give evidence and produce records, Liquor Distribution Act to expand the inspection powers and requirements to produce records to apply to specified persons applying to be approved operators, Mental Health Act to eliminate the current process of appointment of one person each by the detaining facility and the detained person of a review panel to review the involuntary detention of the detained person under the Act and replace it with a process where the Minister of Health Services appoints all review panel participants to a board, Mineral Tenure Act to provide that a land use designation or objective does not preclude application for mining activity unless
the location is in a park, ecological reserve or other protected area, Mines Act to exempt prescribed mineral and coal exploration activities and mining of aggregate from the requirement for a permit, Ministry of Transportation and Highways Act to make a consequential amendment as a result of Bill 54, Motor Vehicle Act to make a minor amendment as result of Bill 54, Municipalities Enabling and Validating Act (No 3) to validate retroactively the: corporate action of purchasing and operating the Ashcroft Ranch in the BC Interior and the existing leases on port facilities, Protected Areas of British Columbia Act to correct errors in boundaries and to make boundary adjustments, Public Sector Employers Act to permit the Minister of Finance to requestthat an employer's association amend or repeal an existing bylaw or rule, Public Sector Pension Plans Act to enable the minister responsible for the BC Investment Management Corporation to appoint an additional member to the board of directors, Public Service Labour Relations Act to clarify that staff of Employment Standards Branch industrial relations and employment standards officers are excluded under the Act, Regulatory Streamlining Miscellaneous Statutes Amendment Act, 2000 to make a consequential amendment as a result of Bill 54, Social Service Tax Act to increase the tax rates to 7.5 per cent in respect of vehicles licensed for interjurisdictional commercial purposes as set out in the government's February 2002 budget, Waste Management Act to make consequential amendments as a result ofBill54 and regulations to validate actions of police who took an oath or affirmation under a regulation that was prescribed by the wrong authority under the Police Act
In Force: By Royal Assent except for specified sections that come into force by regulation. The section respecting the Social Service Tax Act comes into force on October 1, 2002.
Motor Vehicle Amendment Act, 2002, S.B.C. 2002, c. 49 (Bill 52)
See Acts In Force
Office For Children And Youth Act, S.B.C. 2002, c. 50 (Bill 43)
Continued over
Practice Direction:
Articled Students Quly 24 , 2002)
For purposes of clarification, under Rule 20( I0) "a party 's lawyer" includes an articled student acting for a party, or an articled student acting as agent for a party ' s lawyer
Rule 20( I 0) Provincial Court (Family) Rules
Notice to the Profession
Publication of Family Law Judgments on the Supreme Court Web site Quly II, 2002)
Effective September I, 2002 , the court will no longer pub lish judgments in family law cases on the co urt's Web s ite w ith one important except ion If a judge or master of our court considers that his or her judgment is one that shou ld be posted on the court' s Web site for any reason , including the fact that it is considered to have precede ntial value, then the judgment will be posted For judgments that are to be posted, the judge or master will remove names and other sensit ive personal information before the judgment is released
Commencing on September I , 2002, fam il y law judgments w ill be available on req uest from the BC Courthouse Library
The full Notice to the Professio n is availab le at www courts gov bc.ca/Sc
Legislative Update
Continued from page 15
Amended: Consequential amendments to the: Child, Family and Community Service Act, R.S .B.C. 1996, c. 46, Coroners Act, R.S.B.C. 1996, c. 72, Freedom of Information and Protection of Privacy Act, R.S B.C. 1996, c 165
Transitional Provisions: Child, Youth and Family Advocacy Act, R.S.B .C. 1996, c. 47 and Children ' s Commission Act
Stat utes Repealed: Child , Youth and Family Advocacy Act and Children ' s Commission Act
Summary: Bill43 replaces the Child , Youth and Family Advocacy Act and the Children ' s Commission Act . Bill 43 provides for the appointment of the child and youth officer, whose functions are to provide support to children, youth and their families in obtaining government services and to undertake investigations .
In Force: By regulation
Protected Areas Forests Compensation Act, S B.C. 2002, c. 51 (Bill 39)
Amended: None
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 39 creates entitlement to compensation to holders of specified types of licences under the Forest Act arising out of the inclusion in a park, ecological reserve or other protected area of land over which the licence holders had timber harvesting rights.
In Force: On Royal Assent except for specified sections that are deemed to have come into force on January 1, 1995 and are retroactive
Amended: C r im e V ic tim Ass is tanc e Act, S B C. 2001, c. 38, Criminal Injury Comp ensation Act, R.S.B C. 1996, c 85, Criminal Records Review Act, R.S B.C. 1996, c. 86, Freedom of Information and Protection of Privacy Act, R.S.B C. 1996, c 165, Motion Picture Act, R.S.B C. 1996, c 314, Video Games Act, S.B.C. 2001, c. 22
Trans itional Provisions: Criminal Records Review Act, Motion Picture Act and Crime Victim Assistance Act, S.B C. 2001, c. 38
Statutes Repealed: None
Summary: Bill 51 amends the Crime Victim Assistance Act to : permit children under 19 years of age of a deceased victim to apply for benefits, permit immediate family members to apply on behalf of a physically or mentally incapable relative who does not have a legal representative, specify which categories of benefits may be paid to applicants and may be paid as a periodic or lump sum payment as provided for in the Act subject to the regulations. Bill 51 also amends the: Criminal Records Review Act to : replace the appeal to an appeal panel with a reconsideration by the registrar of the deputy registrar's ( determination, permit the registrar to waive fee payment for a criminal record check and to delegate functions of the registrar and deputy registrar, Freedom of Information and Protection of Privacy Act to strike references to the now eliminated Criminal Record Check Appeal Panel and Motion Picture Appeal Board, Motion Picture Act to eliminate the Motion Picture Appeal Board.
In Force: By regulation
Public Safety And Solicitor General Statutes Amendment Act, 2002, S B C. 2002, c. 52 (Bill 51)
Transportation Investment Act (Bill 57) (First Reading May 29, 2002)
Amended: Consequential amendments made to the: Highway Act, R.S B C.1996, c 188,Ministry o}TransportationandHighwaysAct,R.S .B .C.1996, c 311, Motor Vehicle Act, R.S B C. 1996, c. 318
Transitional Provisions: None
Statutes Repealed: None
Summary: Bill 57 is an exposure bill introduced for public comment prior to being debated and
passed in the Fall2002 session of the Legislative Assembly. Bill 57 permits the Minister of Transportation to enter into public-private partnership agreements with private investors and operators to construct, improve, operate and maintain concession highways in return for charging user fees and tolls.
In Force: By regulation •
Workers Compensation Amendment Act, 2002, S.B C. 2002, c 56 (Bill 49)
Amended: Workers Compensation Act, R.S B.C. 1996, c. 492 Consequential amendments made to the: Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, Regulations Act, R.S.B C. 1996, c. 402, Workers Compensation (Occupational Health and Safety) Amendment Act, 1998, S.B.C. 1998, c 50
Transitional Provisions: Workers Compensation Act
Statutes Repealed: None
Summary: Bill 49 amends the Workers Compensation Act including provisions regarding the: board of directors, mental stress, occupational disease and hearing loss, death of a worker and disability benefits.
In Force: By regulation •
Workers Compensation Amendment Act (No. 2), 2002 (Bi/156) (First Reading May 30, 2002)
Amended: Workers Compensation Act, R.S.B .C. 1996, c. 492. Consequential amendments made to the Freedom of Information and Protection of Privacy Act, R.S .B.C. 1996, c. 165
Transitional Provisions: Appeal and review proceedings
Statutes Repealed: None
Summary: Bill 56 is an exposure bill introduced for public comment prior to being
passed in the Fall 2002 session of the Legislative Assembly Bill 56 amends the Workers Compensation Act to: reduce, from three to two , the numbers of levels of review and appeal respecting the Workers Compensation Board (WCB), eliminate the: Workers' Compensation Review Board, the appeal division of the WCB, and provisions respecting medical review panels and their jurisdiction to examine workers and certify their medical findings. The Workers' Compensation Appeal Tribunal is created as a final appeal body A review officer position is created, this officer to review decisions regarding compensation, rehabilitation, assessment, classification and occupational health and safety decisions
In Force: By regulation
REPORTS AVAILABLE
A Results-Based Forest and Range Practices Regime for BC Discussion Paper (May 2002). The Paper sets out the proposed policy framework for new forest and range practices legislation for BC, including amendments to the existing Forest Practices Code of British Columbia Act . The government deadline for comment was June 30, 2002 Source: Ministry of Forests and Ministry of Water, Land and Air Protection. Available at: www .resultsbasedcode ca
Appointments: A Policy Framework For Administrative Tribunals Discussion Paper (May 2002). As part of the government's Administrative Justice Project, the Paper reviews the parts of appointment policy, i:rtcluding: recruitment and selection, term and tenure, termination and severance and compensation and benefits. The government deadline for comment was June 15, 2002. Source: Ministry of Attorney General. Available at: www.gov.bc.ca/ajp/down/ appt_policy paper_final_may_16.pdf.
Builder's LienAct Support Materials (July 2002) Support Materials include: Questions and Answers on the New Builders Lien Act, the Act, forms and background materials. Source: BC Law Institute. Available at: www bcli.org.
Continued over
Practice Direction
Exchange of Witness Lists Uuly I0, 2002)
Effective on September I, 2002 : Unless otherwise ordered by a judge or master presiding at a Pre-Trial Conference , all parties must exchange a list of witnesses together with time estimates for both direct and crossexamination prior to or at the scheduled Pre-Trial Conference. Once exchanged and signed by the parties and/ o r counsel, each party must file the list together with the Trial Certificate in accordance with the time limits set out in Rule 39( 19) of the Rules of Court (not more than 30 days and not fewer than 14 days before the scheduled trial date).
In the event that no Pre-Trial Conference is scheduled, the parties must still exchange and file a list of witnesses in the form of Schedule A at the time the Trial Certificate is filed unless otherwise ordered by the court
The full Practice Direction is available at www courts gov bc.ca/Sc
Legislative Update
Legislative Update
Continued from page I 7
Mundiavocat
Congratulations to "Team Vancouvere" of this year's Mundiavocat, an international soccer tournament for lawyers. The tournament, which took place in Malta, saw I, ISO lawyers on 42 teams from 22 countries vie for glory. In 2000, Team Canada finished 28th of 44 teams; this year they finished 19th, manoeuvring past teams from Argentina, France, Germany and Italy! Team members included :
Khaled Abdei-Barr (Lawson Lundell)
• Shawn Bobb (Guilford Law Group)
• Kinji Bourchier (Lawson Lunde ll)
• Craig Chiasson (Bo r den Ladner Gervais LLP)
• Karl Chowscano (Thorsteinssons)
• Stephen Gibson (Guilford Law Group)
Nick Hopewell (Singleton Urquhart)
Jonathan Jones
(Gowling Lafleur Henderson LLP)
David Lecovin (Heenan Blaikie)
Brent Loewen (Blake Cassels & Graydon LLP)
Richard Lord (Davis & Company)
Andrew Morrison (Shields Harney)
Scott Murtha (PricewaterhouseCoopers LLP)
John Natale (Manulife Financial)
Karl Pires
(Borden Ladner Gervais LLP)
Mark Platteel
(Blake Cassels & Graydon LLP)
Mark Wang (BC Securities Commission)
Neal Wang
(Blake Cassels & Graydon LLP)
Community Charter Consultation (May 2002). The Consultation contains draft Community Charter legislation and a discussion paper. Source: Ministry of Community, Aboriginal and Women's Services. Available at: www.mcaws.gov.bc.ca I charter I index.htm.
Financial Services Sector Legislative Review
Initial Discussion Paper (July 2002). The Paper sets out possible changes to the way that financial
institutions and their agents are regulated in BC. The government deadline for comment is September 30,2002. Source: Ministry of Finance. ( Available at: www.fin.gov.bc.caiPTifcspl index.shtml.
Local Government Bylaw Forum Discussion Paper (June 20, 2002). The Paper proposes a law reform model of a local government forum to hear bylaw disputes. The government deadline for comment was July 30, 2002 Source: Ministry of Attorney General. Available at: www.ag.gov.bc.callegislationl PublicDiscussionPaper pdf. •
Canadian Bar Insurance Association News
The CBIA offers CBA members, their employees and their families a full range of customized insurance products, including term life, accident, disability and business expense insurance, individual and group health and dental benefits, as well as home and auto, and outside director's liability insurance at very competitive rates, on a not-for-profit basis.
On May 1, 2002, in response to many requests, CBIA launched a health and dental plan for retired lawyers or law firm employees. So long as the application is received within 60 days of the individual's loss of existing benefits due to retirement, no medical information is required. CBIA is also refining a Critical Illness rider to the term life plan, likely available later this year, with benefits of up to five times the current term life insurance . Critical Illness
August I 0-14
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September 12
September I 3
September 20
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October 8
October 16
October 18
(CI) insurance provides a lump sum payment on diagnosis of a specific level of certain serious illnesses, whether or not the insured claimant is disabled. CI insurance can cover extraordinary medical expenses and other immediate needs during the life of the insured, leaving the term life insurance for the protection of the surviving family.
CBIA has also arrived at agreement in principal with CBA to form a new financial services company, which will follow the CBIA not-forprofit model and offer a range of investment services to CBA members.
Please contact your BC CBIA sales representative, Eric Mass 604-688-8790, or your CBIA BC Directors, Elizabeth Lyall and John Ankenman, for further information. •
Branch and Bar Calendar August - October 2002
National AGM (London, ON)
New Westminster Bar Association Bench and Bar Meeting Committee Chairs Orientation
Executive Committee Orientation & Meeting & President's Dinner
Law Society of BC AGM (Four Seasons Hotel, Vancouver and other locations, 12:30 p.m.)
CBABC AGM & Provincial Council Meeting (Delta Airport Hotel, Richmond and other locations, I:30 p.m.)
Elected Members & Section Chairs Orientation (Delta Airport Hotel, Richmond, 8 a.m.)
Fraser Valley Bar Association Meeting (LaMasia Restaurant, Langley/Surrey border, 6:00 p.m.)
New Westminster Bar Association Meeting
Executive Committee Meeting
Pacific Legal Technology Conference (Vancouver Trade and ConventionCentre)
To announce an upcoming event or meeting in the Branch and Bar Calendar, please contact Sandra Webb at 604-687-3404, or toll free 1-888-687-3404 (e-mail slgwebb@bccba.org).
Looking for a BarTalk article?
The CBABC Web site , www.bccba.org, contains the past four years of BarTa lk issues- a nd they're searchable Enter the s ite, select "Library" and then "BarTa lk Archive" to search for art icles
Ask A Librarian
B RITISH CoLUMBIA COURTH OUSE L IBRARY SociETY
The BC Courthouse Library Society is pleased to introduce Ask A Librarian, a column designed to answer queries regarding BCCLS services, sources for legal information, and legal reference questions. Reference staff at the Vancouver Courthouse Library will respond to your question s with quality research strategie s and will refer to resources available through the courthouse library system All questions will be treated as anonymous. Please send us your questions at 604-660 -2841, fax us at 604-660-2821 or e-mail us at bccls@bccls .bc .ca .
QI'm looking for an article that may have been in a CLE pub l ication or maybe The Advocate a few years ago It was about assessing damages for wrongful dismissal, by a guy named Wind or something like that. Where can I find it?
AWe start our search in the Square One : Index to CLE Publications , an electronic resource, which profiles CLE papers and course materials This index is available at courthouse libraries in Kamloops, Kelowna, Nanaimo, New Westminster, Prince George, Vancouver and Victoria. In the "Advance Query" template we enter wind* and wrongful dismissal. This search brings up a chapter on labour and employment law by Steve Winder that appeared in the 2000 Annual Review of Law and Practice This could be . the name of the author, but it's definitely not the article.
The next step is to search LegalTrac, an index to periodicals available at all courthouse lib r aries w ith computers . In the keyword search page we enter winder and wrongful. This brings up "Winder, Steve M. "Swift Justice in Wrongful Dismissal Cases: The Difficulty of Assessing Damages in a PostJudgment Period of Notice," (1999) 57 The Advocate: 513-19." Advocate articles from July 2000 forward are available in full-text from LegalTrac but a copy of this particular article could be
AQordered through the BCCLS photocopying service
If LegalTrac had turned up no hits then we would use The Advocate Index, an in-house database that indexes articles in The Advocate, which we are developing for use on the Internet. A search with wind in the title field and wrongful dismissal in the subject field will produce the same article by Steve Winder. Again, a copy of this article could be ordered using the BCCLS photocopying service
I have a citation (2002 BCCA 94) and I don't know what it means. I don't think it's a reporter series.
This is an example of a neutral citation, a recently established method of identifying judgments brought about by the advent of Internet availability of court decisions . The neutral citation is intended to make judgments easier to reference. The BC Supreme Court, BC Court of Appeal and the Supreme Court of Canada all use neutral citations . The BC Court of Appeal Civil Practice Directive #1: Citation of Authorities has more information on how to cite judgments using neutral citations. Examples of neutral citations from the three courts are: 2002 BCSC 1042, 2002 BCCA 94, 2002 SCC257 •
Pavia Polcarova
Pavia Michaela Polcarova , LL.B , is a business and executive coach-consultant, focused on help ing cl ients improve the ir lives and bottom-line results. Pavia's Web site is www cprcoaching.com
She can be reached at 604-737-6997 or at pavla@cprcoaching.com
"I Am Your Client. Remember Me?"
Guest columnists welcome
If you ' d like to comment on recent developments in legislation or the practice of law, we'd like to hear from you Please e-mail BarTalk Senior Editor Caroline Nevin (cnevin@bccba org)
ecently, I had a casual conversation with a woman who had bought a house a few years ago Somehow, we started talking about the fact that she needed a small change on her title. I told her she should contact the lawyer who handled her purchase file. She gave me a blank stare and then she burst into laughter: "I have no idea who the lawyer was!"
Would your past clients say the same about you? If so, you might not realize how much this could be hurting your practice. One customer retention study found that four out of every 100 non-returning customers stopped buying from a business because they moved or died, 15 found another source, 15 got bad service, and 66 simply felt the business didn't care much. Even if you have a steady stream of new clients, typically it costs 50 per cent to 300 per cent (or more) to find a new client than to keep an existing one
If the gas tank in your car leaked, would you notice? Probably- you would notice puddles under your car and you could probably smell the escaping gas. The bigger the leak, the faster you would get it fixed The problem is that most past customers simply disappear and their loss is not so obvious Even though a small percentage may cause a " bit of a stink," the actual puddle of lost clients may be 10 times or even 100 times larger than those who complain.
Here are five ways to plug the leaks in your client retention:
1) Lower fees may not give you more business - more value will. With the current economic reality, your practice may be at a lull. Your knee jerk reaction may be to lower fees to keep clients from running to the competition. If at all possible, focus on creating more value instead.
2) Don't assume that clients will know how you can help them further - or that they 3) 4) 5)
know what you know. Ask lots of questions about your clients' business and personal situations You may have received a small fee for helping a client incorporate a tiny company. What if that client's wife could use some help with licensing contracts for her $2 million business?
Create more value for your clients. When a client comes to you for help with going public, you can offer them a "50 Things You Can Do to Transition Your Company from a Private Concern to a Thriving Public Company " guide. In the future, your clients may not refer to the thick prospectus you prepared - but they will refer to materials that have continuing value to them.
Create mutually beneficial alliances. For example, a conveyancing practice can partner with businesses that serve homeowners and offer discounts to your clients. Landscapers, interior designers, maid services and other businesses may be happy to do so . They get more business at a reduced marketing cost. You get credit for saving your clients time and money.
To increase repeat and referral business, keep in touch with your clients. Depending on your type of practice, you will want to communicate with them two to 12 times per year through a combination of mail, e-mail, phone and face-to-face contact. You can send newsletters, "how to" articles related to your clients' needs, put on free or paid "how to" events, or simply send personal notes such as birthday greetings.
The bad news is that the days when lawyers did not need to know much about marketing and client retention are gone. The good news is that, as you take time to apply these concepts, you will quickly appreciate the increased profits and sense of control over your practice and your life! •
Proud To Be a Lawyer
Seattle University School of Law Commencement Address, December 22, 2001
speak to you of three guiding principles, or buoys, which mark out the trackless, fogbound seas There are three astonishing mysteries of human existence which can serve as markers that guide you to the deep channels of lives well lived that are a credit to our profession, our community and our humanity.
The first of these is the principle of simultaneity, the knowledge that as we celebrate today, there are others who are suffering. For us this is a day of celebration - for others a day of mourning . Today is for us a day of peace -for others a day of war In the Taoist symbol of Yin and Yang, we see in the bright heart of celebration the shadow of despair; we eat while others starve. According to United Nations Secretary General Kofi Annan, the average American consumes 260 pounds of meat annually compared to 6.5 pounds for the average Bangladeshi . Do you feel you are 40 times more worthy? What makes us worthy to receive this gift and opportunity? Nothing .
This is the simple logic of saying grace People try to isolate themselves from this knowledge -not to notice that by 2050, eight billion of the 9.5 billion people on this planet will be in the developing world . But let's consider our world today. In the developing world, three-fifths of its people lack safe sewers, one -third safe water; 20 per cent lack access to any modern medical services at all They aspire to the abuse we receive from HMOs.
This is a message of knowledge This burden must be with you as long as there is injustice and hunger in the world I cannot spare you this knowledge The question is not how can you live knowing this, it is how can you live not knowing this?
The second guiding principle or buoy in your life's voyage is that of our essential connected -
ness to our fellow man This is the basis of our duty. This is the explanation of the laudable ritual of the Passover seder, where for each of the plagues visited upon Pharaoh, a drop of wine is removed from the glass Our pleasures must be diminished by our essential connectedness to the despairs of humankind . So it is that one of the Five Pillars of Islam is Zakat, the giving to the needy; in Jewish tradition it is Tzedakim It is what John Donne understood when he wrote: "No man is an island entire to itself ... Any man's death diminishes me , because I am involved in mankind, and therefore never send to know for whom the bell tolls; it tolls for thee ."
If you wear shoes, sleep under a roof, have eaten in the last eight hours and have the prospect of a meal in the next eight hours, you are one of the wealthiest people on the planet. As one of the one per cent who are lawyers - educated and trained in the switches and levers of power, you a r e among the powerful people on earth . Who shall do the work? If not you, who? Shall we call upon migrant laborers, illegal immigrants, refugees? Shall we leave i t to the Taliban, the al -Qaida, the farmers of the lowlands in Bangladesh periodically threatened by flood? The foundation of all ethics is that one's moral duty is commensurate with one's power. So what then shall I expect of you, the most powerful people in the world - little or much?
That third principle is that of choic e and renewal, the fact that with every moment of life we are blessed with a rebirth of our choice as to how to live that moment and this moment. Life is many moments; this is one of them - one of the best, pregnant with hope and possibility. Pierre Teilhard de Chardin, the Jesuit philosopher and scientist, sa i d: "We are not human beings having a spiritual experience, we are spiritual beings having a human experience " This is a message of hope If you heed these principles, these buoys, you will head out to the deep seas and do the work of humanity .
Th is Commencement Addre s s was wr itten by Randolph I. Gordon , a member of the ad junct faculty at Seattle Uni vers ity It is reprinted by permission of the author and the Wash ington State Bar News Copyright 2002
There is a t id e in the affairs of me n
Which taken at the flood leads on to fortune ; Omitted, all the voyage o f their life
Is bound in shallows and in miseries.
On such a full sea are we now afl o at, And we must take the current when it serves, Or lose our ventures.
(William Shakespeare , J ulius Caesar, Act IV , Sc. iii)
Christine H Wi lli ams , a former sole practicing lawyer from Chicago , is proprietor of LRS Lega l Research, prov iding reasonab ly p r iced on line legal research for solo and independent law practices She can be reac hed at cwi lliams6009@hotmai l.com or 604-990-5123
International Justice Lawyers needed
"It is foolish to want to change the world .. but criminal not to try ." - Dr . Moncef Marzouki, Tunisia
o begins the April, 2002 online newsletter for Lawyers Without Borders (LWOB), a non-profit US-based, global association of lawyers dedicated to the promotion and protection of human justice Financed largely through the generosity of its founding attorneys and interested private parties, LWOB is not affiliated with other "Without Borders" groups.
The organization grew out of a vision to direct the pro bono services of lawyers from around the world as a resource for world peace, says Executive Director Christina Storm. For the past two years the organization has worked to create a virtual community of lawyers from around the world, trained in negotiation, experienced in problem solving and conflict resolution, expert in the intricate workings of judicial systems and human rights and dedicated to serve society by protection of the integrity of individuals, through the development of systems to ensure their dignity and creation of an environment that will safeguard it over the long term.
RECENT LWOB PROJECTS
Peacekeeping in the Middle East
In interviews with Israelis, Palestinians and human rights organizations, LWOB is working to help fashion a construc tive and bi-partisan approach to human rights issues. Part of the organization's work will be documenting the destruction of several human rights law offices in the West Bank
Protecting the Integrity of Judicial Process
or the past few months LWOB has been inin efforts to place neutral court observers trials closed to the public and media . This r fo,t has led to the development of the
Neutral Independent Court Trial Observer Project, intended to create teams of experienced litigators able to remain neutral, impartial and independent, otherwise closed trials. Efforts are currently in preliminary stages to sign on governments willing to recognize and accept observers into trials in their countries
Kosovo trials, Human Rights in Iran, Civilian Torture in Nigeria
Trial lawyers with expertise in Criminal Defense work have agreed to be "on call" viaemail and fax to assist in trial preparation for ongoing trials and trial preparation in Kosovo. Additionally, two teams of experienced lawyers are in the process of investigating and determining potential courses of action concerning human rights matters brought to the attention of LWOB concerning Iranian prosecutions and civilian torture in Nigeria. Experienced lawyers with significant experience in these areas are encouraged to contact LWOB.
LINKS WITH CANADIAN LAWYERS
Links with Canadian lawyers have been strong, says LWOB Director Christina Storm, and she hopes to create a Lawyers Without Borders Canadian branch when funding permits.
Any lawyer wishing to become involved in LWOB may contact Christina M. Storm, Executive Director of Lawyers Without Borders Inc., at 330 Main St., Hartford, CT 06106 USA Tel: 860-525-3700 Fax : 860-525-0287 E-mail: storm@lawyerswithoutborders.org. (Web site: www .lawyerswithout borders.org) •
Westin Bayshore Resort & Marina , Novemb er 21 , 2002
BENCHSfBAR DINNER
Battle of the Bar Bands
Rocking to the tune of $371 000 raised for lawyers
Jt..Michelle Pockey crooned the tunes as lead vocalist for "Smokeball" of Davis and Company.
Special thanks to event organizers and volunteers : Derek Brindle, QC and Catherine Sas (Co-Chairs); Terry LaLiberte, QC (CBA Lawyers Benevolent Society President); Frida Tromans and Jay Homenchuk (Band Coordinators); Roger Holland (Corporate Sponsorships); and Lorna Marshall (Ticket Registration) . To view and purchase event photos visit www .lawshots.ca.
Jt..Battle of the Band winners Howard Mickleson and Paul Seale of " Still Living at Home " won the L'Expert Trophy and helped raise $37,000 for the CBA Lawyers Benevolent Society.
Congratulations to all Battle of the Bar Bands supporters and sponsors , including the many firms and individuals from around BC who sent cheques or otherwise helped the cause Thanks to your support, the event was a tremendous success! On behalf of the members of the pr ofession, thank you:
• Canada Law Book
• Canadian Bar Associati o n,
BC Branch
Cartier Financial Services
Coastal Trademark Services
• C o mmodore Ballroom
• Commonwealth Insurance Co
Jt.. Winton Derby, QC of McCarthy Tetrault provided "Felony" vocals.
""4Performances enthralled the crowd at the CBA Lawyers Benevolent Society's Third Annual Gala Fundraiser . This year 's Battle of the Bar Bands had more than 650 attendees rocking and rolling all night long!
The CBA Lawyers Benevolent Society was created in 1997 in response to a long -term concern for those of our colleagues and their families who had experienced crisis in their lives and needed help
•
• The Counsel Network
• First Canadian T itle
• Grant Thornton
HSBC Bank Canada
Interlock
Kroll Lindquist Avey
Larry Myers
Lexpert Magazine
Lohn Calder, Accountants
• Mackay Mynett
• Nesbitt Burns
Trial Lawyers Association
• The Wedgewood Hotel
West Coast Title Search
Triage Data Solutions
Zlotnik Lamb & Co .
Letter to the Editor
Re: BarTalk Vol. 14/No. 3 "Civil Liability Review"
In the June 2002 edition of BarTalk, Attorney General Geoff Plant outlined the basis for his belief that civil litigation in British Columbia is evolving in ways that unwisely favours plaintiffs and unfairly punishes defendants. Even a cursory review of the changes that government has brought to this important area of civil rights law illustrates that the Attorney General is flat out wrong in his thesis, which is a prescription for tort reform.
The Attorney General claims statutory, judicial rulings and common law changes have expanded civil liability and benefited plaintiffs in recent years. He believes it's time to look at strengthening the rights of defendants. Anyone who practises in this area would know he is misguided How can he not be aware of the systematic erosion, in recent years, of the rights of innocent victims of negligence?
Mr Plant, please consider the following partial list of facts about the current state of law in BC:
There is no compensation or deterrence for wrongful death - the lives of children and the elderly have no value in BC law.
Prohibitively high hearing fees and other excessive costs .
Caps on non-pecuniary losses that have been in place since the 1970s.
Special limitation periods to protect special interests, such as: doctors, municipalities, etc .
A public auto insurer with its own police powers, powers to compel doctors to report on their own patients, power to collect costs against an unsuccessful plaintiff by denying insurance and driver's licence renewal, etc
ICBC has the economic clout to wage litigation warfare far beyond that of any
other civil litigant. For example, it pushes for jury trials on smaller cases to make litigation uneconomical.
Goodbye to pain and suffering awards to the victims of crime via the so-called Crime Victims Assistance Act
Loss of court ordered interest on general damages, which removed the incentive to settle claims promptly and fairly .
Loss of action per quod servitium amisit .
Abolishing the Human Rights Commission without enacting corresponding legislation to create rights for victims of discrimination in the regular court system
Taxes on legal services This is a business expense for corporate defendants and insurers but the innocent victim takes it on the nose
Now, consider the courthouses that have been closed . Is that beneficial to plaintiffs or, by denying access to justice, does it merely insulate defendants?
The Attorney General should have a profound appreciation for how tort law operates to deter dangerous behaviours and weed out faulty and hazardous product designs These hallmark benefits of tort law are being seriously jeopardized by the changes the Attorney General would propose to bring in. In my view , Mr. Plant's civil liability 'review' should scare every citizen of British Columbia .
Sincerely,
Donald J. Renaud Immediate Past President Trial Lawyers Association of BC
Send your Letters to the Editor to: Caroline Nevin, BarTalk Senior Editor CBA, BC Branch, lOth Flr, 845 Cambie St. Vancouver , BC V6B ST3
Fax : 604-669 -9601 Toll free fax : 1-877- 669-9601 E-mail : cnevin@bccba.org
Member Services
Branch members have acce ss 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 sur e to visit www .bccba.org for new additions . Your input is always welcome. Send your suggestions to kjohnson@bccba .org . Member Services Hotline : 604 -687-3404 , ex t. 500 or 1-888-687 -3404 , ext. 500 .
DYE & DURHAM dd
CBABC is pleased to announce that Dye & Durham is the Preferred Supplier of Legal Support Services & office I legal specialty products to our membership. For more information on CBA membership privileges available from Dye & Durham, call Crystal Stoneburgh 604 -927 -3850 , ext 244 or visit www bccba.org.
DEATH BY CHOCOLATE
Delicious news - CBABC members receive a 15 per cent discount at all Death By Chocolate locations, just by showing their CBA member card! Death by Chocolate is located in Burnaby, Coquitlam, Langley (opening soon), North Vancouver, Richmond , Toronto (opening soon), Vancouver and Whistler.
PLAYLAND
CBA members may purchase Playland General Passports (for persons taller than 48") for $18, (incl. GST) regular $24.56 . See www.bccba.org for details, restrictions, and order forms
Special Meeting
On June 21, the CBABC convened a special meeting at the written request of 50 members. The two resolutions for consideration at the special meeting were:
1. That the CBA (BC Branch) withdraws its support for the April 12, 2002 " Joint Statement" signed by the President of the Branch and the Attorney General.
ROGERS AT&T
CBA members can take advantage of preferred pricing with Rogers AT&T! Ask about Blackberry wireless e -mail and other wireless data solutions For more information, call Helen Lim at 604-551-1166.
ARTS CLUB AND STANLEY THEATRES
Receive a 20 per cent discount off regularpriced tickets by calling Natasha Klein at 604687-5315, ext 254 and identifying yourself as a CBAmember
My Fair Lady returns to the Stanley by popular demand, July 31-Sept. 15
The Ro cky Horror Show, a legendary rock musica l phenomenon plays at the Granville Island Stage July 11- Aug 31
To Kill A Mockingbird , the classic American courtroom drama, plays at the Stanley Sept. 26-Nov 3. •
Len
Dudley named Salvation Army's Lawyer Volunteer of the Year
Congratu lations to Mr. Len Dud ley, who was named the Sa lvation Army 's " Lawyer Volunteer of the Year."
The Salvation Army "Lawyer Vo lunteer of the Year" awa r d recognizes a n d honours lawyers who, like Mr Dudley, have used their skills and ab ili ties to help those wh o are less fortunate Mr. Dudley is a Vancouver lawyer who has been involved in the Salvat ion Army ' s Pro Bono program since its commen c ement in 1998 He has made an outstanding contribution to the Sa lvat ion A r my's Pro Bono lega l cl inics and pr ovided a great dea l of additiona l support to various individuals o utside of the lega l clinic sett ing.
2. That any further "constructive engagement" with the Attorney General begin from the proposition that, so long as it is collected, the special 7.5 per cent tax on legal services be dedicated to the provision of legal aid
The meeting was held at 11 satellite locations in BC, with 230 members in attendance. The resolutions passed by a large majority and the joint statement was withdrawn. •
Law Foundation of BC
Grants Approved
The Board of Governors of the Law Foundation of BC met on June 15, 2002
Funding totalling $739,765 was approved for the following 11 continuing grantees:
ABBOTSFORD COMMUNITY SERVICES
SOCIETY AND PROGRESSIVE INTERCULTURAL COMMUNITY SERVICES SOCIETY
Legal Advocacy Program - $90, 000
BC COALITION TO ELIMINATE ABUSE OF SENIORS
Legal Advocacy Program - $90,000
CONTACT WOMEN'S GROUP SOCIETY
Legal Advocacy Program - $40,000
CRANBROOK WOMEN'S RESOURCE SOCIETY
Poverty Law Advocate Program- $81,102
JUSTICE FOR GIRLS OUTREACH SOCIETY
Street Level Outreach Legal Advocacy Program for Girls - $66,103
KETILE FRIENDSHIP SOCIETY
Mental Health Legal Advocacy Program$70,000
KI-LOW-NA FRIENDSHIP SOCIETY
Legal Advocacy Services for Aboriginal People Living Off-reserve - $75,000
KOOTENAY REGION METIS ASSOCIATION
Aboriginal Family Law Program - $73,600
LEGAL SERVICES SOCIETY
PovNet- Core Funding- $55,000
PORT ALBERNI FRIENDSHIP CENTER
Legal Advocacy for Persons with Disabilities and Mental Health Issues - $58,960
SOUTH SURREY/WHITE ROCK WOMEN'S PLACE
Legal Advocacy Program - $40, 000
Funding totalling $473,923 was approved for the following 20 new projects:
ADVOCACY OUTREACH SOCIETY
Welfare, Child Protection Information Project - $9,000
ASSOCIATION DES JURISTES D'EXPRESSION
FRANCAISE DE LA BC
Legal Texts Project - $1 , 000
BC CIVIL LIBERTIES ASSOCIATION
"Arrest" Handbook - $56,000
BC HUMAN RIGHTS COALITION
Web site Project- $9,829
BC IRANIAN SENIORS' SOCIETY
Adult Guardianship Legislation Legal Education Project - $13,000
BC LAW INSTITUTE
Financial Arrangements Between Older Adults and Family Members - $60, 000
COAST FOUNDATION SOCIETY
"Establishing Trust Funds for Low Income Clients" : A Guide for Non-Profit Agencies$15,000
CRJ-SOCIETY FOR RACIAL JUSTICE IN BC Immigration Law Education Project - $20,000
IMMIGRANT AND MULTICULTURAL SERVICES SOCIETY
Legal Education Project for Immigrant and Refugee Seniors- $30,253
LEGAL SERVICES SOCIETY
Reprinting "When I'm 64" and "Your Welfare Rights" Booklets - $40,000
MULTIPLE SCLEROSIS SOCIETY, BC DIVISION
Volunteer Legal Advocacy Program- $13, 300
NANAIMO WOMEN'S RESOURCES
SOCIETY
Women and Family Court Project- $34,825
PROSTITUTES EMPOWERMENT EDUCATION
AND RESOURCE SOCIETY
Sex Trade Workers Legal Education Project$29,912
SCOW INSTITUTE
Legal Research and Dissemination of Information on Aboriginal Justice Issues - $15,000
SOCIETY FOR CHILDREN AND YOUTH OF BC
The UN Convention on the Rights of the Child: Promoting Compliance of Legislation and Policy Affecting Children in BC - $30,000
SURREY WOMEN'S CENTRE SOCIETY Family Law Workshops- $3,550
UVIC, FACULTY OF LAW
"Property Rights in the Colonial Imagination and Experience" Book Project - $15,000
VANCOUVER CUSTODY AND ACCESS
SUPPORT AND ADVOCACY ASSOCIATION
Custody I Access in Marginalized Communities Legal Education Project - $53,304
WEST COAST DOMESTIC WORKERS' ASSOCIATION
Employment Law for Domestic Workers Legal Education Project - $6,200
WEST COAST LEAF ASSOCIATION
Equality, Diversity and the Legal Profession Legal Education Project- $18,750
Funding of $3,215,300 was previously approved for the following continuing grantees:
ACTIVE SUPPORT AGAINST POVERTY Advocacy Services 200212003- $52,400
BC COURTHOUSE LIBRARY SOCIETY
2003 Operating Grant- $2,190,200
BC PUBLIC INTEREST ADVOCACY CENTRE Operating Expenses 2002 I 2003 - $486,800
CANADIAN BAR ASSOCIATION - BC BRANCH
Dial-A-Law and Lawyer Referral2002l2003$241 , 600
MENTAL PATIENTS' ASSOCIATION
Court Services Project 200212003- $45,000
MOSAIC
Paralegal Project 200212003 - $73,700
TOGETHER AGAINST POVERTY SOCIETY Advocacy Project 200212003- $54,500
YELLOW PAGE ADS
Advertisement of Public Legal Services$71,100 •
New Agreement With Bank of Montreal
Law Foundation Chair, Don Silversides, QC commends Bank of Montreal for its commitment to paying a competitive rate of return on lawyers' pooled trust accounts Recognizing the severe overall impact of low interest rates on the Law Foundation's revenues, a new interest rate agreement was recently concluded.
As of May 1, 2002, interest paid to the Law Foundation on lawyers' pooled trust accounts will be at a rate of prime less 3 .00 per cent, with no service charges Thanks to David Fraser, Senior Commercial Sales Leader Vancouver Centre, and Janice Phelps, Senior Commercial Service Manager, for ensuring that Bank of Montreal remained competitive in addressing customer's needs
Increased revenues enable the Law Foundation to fund programs that make the justice system accessible to British Columbians, particularly those who have the greatest access problems as a result of their economic, social, physical or mental special needs The funded programs include both professional and public legal education, law reform, legal research, legal aid and law libraries.
The CBABC, the Law Foundation, and the Law Society encourage lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts. •
BarTalk is published by the British Columbia Branch of the Canadian Bar Association, lOth Floor 845 Cambie Street Vancouver, BC V6B 5Tl
TEL: 604-687-3404
TOLL FREE in BC, outside the Lower Mainland: 1-888-687-3404
FAX: 604-669-9601
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 S. 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.
The BC Branch of the Canadian Bar Association represents more than I 0,000 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 administration of justice.
TAKE THAT BREAK - BOOK A LOCUM
David Freeman Phone : 1-888 -752-8846 ; Fax: 1-877 -743-9623; e-maillawyers@telus.net
International Lawyers Visiting Vancouver. Interested in teaching, hosting or socializing with visiting lawyers? Please contact Judith Milliken Q .C. at 604-738-4951 or judith@ learnlegalenglish.com
Prime downtown office suite : The Electra, 962 Burrard/Nelson, across from Law Courts , bright s/w exposure, unique end unit, 562 sq, secured bldg., immed, lease neg Ph: 604-685-9594.
HARTSHORNE & MEHL, a well-established, reputable law firm specializing in insurance defence and personal injury litigation is seeking an enthusiastic lawyer. Litigation experience is an asset. Salary and compensation package to commensurate with experience. Please fax your resume in confidence to the attention of Maria Van den Hooff at (604) 708-3779
Change of Address? E-mail address changes to data@bccba.org
Classified Ads
INVERMERE in the East Kootenays - Well established Solicitor 's practice for sale. Mainly conveyancing but also wills , estates and company law . For further information, please contact Amanda Hubbard at 250 -342-6904 or e- mail ahubbard @rockies.net
University of Phoenix - Vancouver Campus
PART TIME FACULTY-Due to continued growth and expansion into Abbotsford , the University of Phoenix is seeking faculty in the area of Law. If you possess a master's degree (LLB) and are currently practising law, please submit your resume to : Cyd Stroud , Academic Affairs Coordinator, University of Phoenix, Vancouver Campus, 200-4401 Still Creek Drive Burnaby, BC V3B 7R5. Fax: 604-205-9049 cyd stroud@ phoenix.edu
The University of Phoenix is a private, PPSEC accredited university serving adult professionals in the Lower Mainland.
STEPHENS & HOLMAN seeks an experienced plaintiff's personal injury lawyer. Fax resumes to 604-736 -2867.
The BC Securities Commission administers the Securities Act. Our job is to ensure that capital markets are fair and efficient and to foster a competitive securities industry. We are an independent agency accountable to the legislature and the public through the Minister of Competitio n, Science and Enterprise
Forward a resume quoting Competition 02:111 by August 28, 2002 to :
Louise Martin
Manager, Human Resources
BC Securities Commission
P.O. Box 10142, Pacific Centre
701 West Georgia Street
Vancouver, BC V7Y 1L2
Fax : (604) 899-6745
E-mail: bcsc-hr@bcsc bc.ca
Please direct advertising inquiries to Sandra Webb at 604 -646-7856 or 1-888 - 68 7-3404, ext. 318 (e -mail cba@bccba org)
Senior Legal Counsel
This is an exciting and challenging opportunity for an experienced litigation counsel to join the Commission ' s Litigation Branch As the successful applicant you will represent Commission staff in complex administrative proceedings before the Commission; conduct court applications and appeals; work closely with junior litigation counsel and investigation staff in case preparation/presentation; conduct legal research and provide legal advice and opinions on various matters This position acts both independently and in conjunction with other litigation counsel and reports directly to the Manager/ Senior Legal Counsel.
You are a dedicated legal professional with membership in the Law Society of BC Ideally , you have a minimum of seven to ten years of experience and a demonstrated ability to conduct civil , administrative or criminal litigation in regard to securities, corporate or commercial matters. You will be required to work in a team environment and have a comprehensive understanding of administrative law. Superior analytical, interpersonal and communication skills, both written and verbal, complete your qualifications
We offer a challenging and rewarding work environment, a competitive compensation package, an incentive program and a full range of benefits.
Please visit our website at www.bcsc bc ca
Investment restrictions apply We are an equal opportunity employer.
Sought On 2001 BCMA Medical Legal Fee Increases
In June 2001, the BC Medical Association's Board of Directors approved a review of BCMA medical legal fees (examples at right). The CBABC Auto Insurance Committee would like to hear from CBA members concerning these changes, including any impact these increases have had, or are having, on members' practices or their clients. E-mail Michael Kew (mkew@netidea.com).