By decision of 52.7 per cent of members voting in the recent Law Society of B.C. referendum, the practice fee for 2005 will not include a Canadian Bar Association fee for the first time in 55 years The possibility of this outcome was prepared for, at both the National and Branch levels, and there were contingency plans prepared in advance. The end result has some practical implications for the lawyers of B.C
First, you (or your firm) will receive a membership renewal invoice which will be mailed in October. Unlike past practice, you will have to write separate cheques to the Canadian Bar Association and the Law Society. While the concept of two cheques is new, the reality is that the total dollar figure will not be appreciably different than in previous years.
Most law firms will likely adjust to the change quite easily, however some public sector and corporate counsel lawyers will need to address this with their employers for the first time The Branch will provide any assistance you need, including help with "building the business case for membership."
Second, there will be a shift in the provision of services at CBA. Lawyers renewing their CBA membership will have access to the same services and programs offered in the past, although funding and administrative support will be directly affected by the total number of members signing-up. Advocacy, government relations and legislation and law reform
efforts will continue. Sections will also continuethey are continually rated one of the profession ' s most valued professional development and networking resources. The Directory will continue, publishing the contact information for all practising lawyers (not just CBA members). As well, all the networking and practice support the CBA provides will continue, as will the publication and distribution of Bar Talk .
Non - members will experience the most significant change - a large differential in fees for accessing products and services the CBA provides (e.g., Directory, Sections), no access to some services, and no access to large portions of the CBA Web site including all archived Section materials, archived publications, PracticeLink, the lawyers group RRSP discount, and other services.
Third, you can expect to see new revenue-generating activities as well as policy decisions that add direct value to CBA membership. Suggestions to date include providing members with free "preferred area of practice" listings and Web site hotlinks in the Online Directory, and free access for universal firm librarians to the Branch's online Section materials. We are considering all options.
There is a commitment by the staff and Executive Committee of the Branch to seek out and act upon all member suggestions for how best to ensure the CBA gives back the best possible value for the membership dollar. If you have ideas, please let us know by sending an e-mail to cba@bccba.org. BT The Canadian Bar Association British Columbia
THIS
In this issue we take a look at lawyers who make a difference in communities across B.C. There are 10,000 lawyers in B.C and as stories in this issue show, the province's communities are better for it.
Bono
Crown Counsel Association calls on government to implement the Taylor Report and properly resource Crown Counsel.
Michael Van Klaveren
The Act modernizes B.C.'s administrative justice system by the Hon. Geoff Plant
Renew your passion for your profession by Ginger]. E. Grant, MA
QP LegaLEze Contest
You could win an annual QP LegalEze deluxe package [value $549). courtesy of the Queen·s Printer. QP LegalEze is a fully searchab le comprehensive database of current B.C. legislative information E-mail cba@bccba.org before September 10, 2004 to be entered in the draw.
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CAROLINE NEVIN LETTERS TO THE EDITOR
COLLABORATIVE LAW
I read Section Talk with interest regarding ADR and, in particular, Collaborative Law (Vol. 16, No.3).
I conduct a busy family law litigation
Send your LETTERS TO THE EDITOR to:
Caroline Nevin, BarTalk Senior Editor
Canadian Bar Association, B. C. Branch
Fax: 604-669-9601
Toll free fax : 1-877-669-9601
E-mail: cnevin@bccba.org
practice and have done so since 1978 I practise exclusively in the family law area and maintain a steady annual file roster of some 110 files. Over the past 26 years I have had a consistent average of approximately 90% settlement of my files each year. My experience is that I set approximately 35 cases for trial in any given year and actually conduct between 5 and 10 trials per annum. Since the introduction of the Judicial Case Conference program, my experience has changed very little with respect to the number of cases set for trial and the number of trials actually conducted but I have found the JCC process has substantially reduced the number of "nuisance" interim applications. I would suggest the cost per file, not including those that actually proceed to trial or go beyond Examination for Discovery stage, is within the range of the successfully resolved collaborative law files.
Since the introduction of mediation in family law matters and with the introduction of the collaborative law practice, I have found a substantial number of my files have resulted from failed mediation or failed collaborative law process. I have concerns that there is an unrealistic expectation on the part of the clients with respect to the outcome of these processes. Also many practitioners fail to recognize the power imbalance between the clients, resulting in poor settlement or failure of the process.
In my experience, the normal process of negotiations between two competent and experienced legal counsel with appropriate control over their respective clients results in a substantial proportion of settlements at a relatively early stage in the litigation process and a much more balanced and equitab le settlement because of the lack of ability of one party to dominate the process.
Many people are investing unnecessary amounts in the process because of an unjustified expectation that it will somehow cost less to produce a better result than relying on the advice of competent and experienced family law lawyers. By way of a general comment, I suspect that as the clients become more sophisticated in the experience of the collaborative law process, the utilization of that process will reduce substantially as was the case earlier with mediation. Perhaps it is evidence of the "flavour of the month" approach to the family law process which has been evident over the years in the introduction of various alternate approaches to the litigation process.
There is no real substitute for experience and competence.
-David Hart
FROM THE PRESIDENT ROBERT C BRUN
To Be Or Not To Be
0n January 1, 2005, lawyers in British Columbia, for the first time in more than 50 years , wi ll decide individually if they wish to be a member of the Canadian Bar Association.
For me the choice will be a simple one. I will remain a member for the following reasons.
NATIONAL AND REPRESENTATION
PROVINCIAL
Robert C. Brun Preside nt 2 00 3/2004
As Cameron Ward noted in the June BarTalk issue, the CBA is a Canadian Bar Association venerable and respected national organization. In my view, the CBA provides lawyers in Canada with national representation on issues that affect our profession. Unlike other societies or associations that represent lawyers, the CBA is broad-based with a primary mandate to advocate on beha lf oflawyers. In this sense, the CBA is unique as a national voice for lawyers. CBA National is vigilant to ensure that the concerns of our profession are voiced, not only in Ottawa, but in each and every province. Through the CBA lawyers in B.C. have a national and international presence to advance the image and interests of lawyers
CBABC is weakened, the profession will lose an essential ally.
EDUCATION AND LAW REFORM
The CBA is not just about advocacy. In B.C. each year thousands of lawyers join the 74 provincial Sections and the various national Sections to stay current in their areas of practice These Sections help shape the evolution of the law by serving as a sounding board for proposed legislative change. Section involvement provides a B.C. B ranch
forum for lawyers to socialize with practitioners in their own area of interest.
SERVICES
Through legal conferences, forums, Section meetings, and educational and mentoring programs the CBA works to help members maintain a reasonable work and life balance.
The CBA provides members with access to life and disability insurance programs and RRSP plans at attractive rates. In this fashion the CBA helps members to achieve financial security
Equally as important is the ro le CBABC fulfills for lawyers in this province. The Branch represents members from all areas of practice providing a focal point to advance the interests of members in issues as diverse as purported tort reform, legal aid cutbacks, the elimination of the right of lawyers to sell real estate or the discriminatory tax on legal fees. The Branch not only advocates for the profession but also serves as a watch-dog to raise the alarm to often subtle, and sometimes blatant, attacks on our profession and upon members of the judiciary. If the voice of the
Membership provides access to discounts from preferred suppliers of a myriad of products such as ski passes, theatre tickets, hotels, car rentals and legal office supplies (See page 31)
Membership fees range from approximately $300 per year for junior members, to $500 for senior members. This is a modest price given the wide range of benefits available.
In conclusion, this is my last BarTalk article as President of the B.C. Branch. I want to thank my family, my Executive and the wonderful staff of the CBA who have made my past year as B.C. Branch President so enjoyable and rewarding BT
FRANK KRAEMER
CBABC Post Referendum
We do live in interesting times
When I came to this job just over 3 112 years ago, I had no idea just how "interesting" and challenging this position would be. By my count, there have been two lawsuits, five partial or complete Law Society of British Columbia Annual General Meetings, one protocol and one referendum, all dealing in whole or in part with the issue of membership in the Canadian Bar Association and the universal payment of its fees. To Canadian Bar Association
Frank Kraemer Executive Director B.C Branch
Second, the Branch will continue to undertake enhancements to the services that it provides to members. Recently, we completed a study of a pilot that was underway this last year involving use of teleconferencing to link several sites for Section meetings. The Elder Law Section conducted its meetings via teleconference linking Vancouver, Victoria and Kelowna on a regular basis. The results of that study indicate overall member satisfaction We expect to extend this service to other say that these issues have resulted in an enormous expenditure of both human and financial resources would be an understatement Most recently, lawyers in this province have decided (albeit by a slim majority) that henceforth, membership in the CBA will be voluntary. I say all of this not from a sense of remorse, but more from a sense of relief that a decision, at least for the time being, has been made, and with a sense of enthusiasm in meeting the challenges the Branch must now face.
In this column I would like to share with you some information about how the Branch will move forward in dealing with realities of voluntary membership
First, I can report that the senior staff, Executive Committee and Provincial Council, as part of that planning, anticipated the possibility of the decision that was made and developed a contingency budget that was passed at the June Provincial Council meeting. That budget, effective July 1 of this year, will see across the board cuts in all areas of the Branch 's finances, including expenses for personnel and the operation of the Branch office . As much as possible, steps have been taken to minimize cuts to the services and programs that are offered to members .
Sections within the coming year. As well, we are currently working on some significant adjustments to our Web site , to make it more user-friendly. Both of these initiatives have resulted from feedback we have received from members over the last several months.
Third, we will develop policies to ensure that those who are members continue to receive significant value for their membership fee. It is anticipated that there may be some differential pricing or simply services that will be unavailable to non-members Those policies are currently under development and will be discussed and decided by the end of the year.
Finally, one of the challenges that the Branch faces is a belief among lawyers in B.C. that whether or not they are members of the CBA nothing for them will change, and all the same services and programs will be available. The Branch has been able to provide the programs and services at the level that it has because of the very strong support of all the lawyers in the province. If we are to be able to continue that service at the levels we have been providing, we need your continued support. Your CBA membership fee renewal form will arrive in October. Please watch for it and continue your support for the CBA and its work for the profession. BT
SECTION TALK
SHELLEY BENTLEY
The CBABC sponsors 74 Sections which play a vital role in keeping members informed both on changes in the law, and legal and political issues affect i ng a g iven area of practice They are the main resource utilized by the CBABC i n legislative review, law reform in itiat ives and in responding to matters affecting the profession What follows is a sample of the recent activities of some Sections
FAMILY-VANCOUVER
With increasing regularity, clients who cannot afford legal representation are requesting that family counsel provide them with limited service, such as assistance with preparation of affidavits and briefs Family lawyer Maureen Lundell, Law Society Bencher Grant Taylor, and Legal Services Society lawyer, Heidi Mason discussed this growing trend of unbundling legal services, the role
had been made The trial lasted 13 days. Ms. Lundell and her client divided the work. The client forwarded documents he received; Ms. Lundell would then review them and explain what needed to be completed and how to complete the forms. She did a lot of the preparation. She drafted the direct examination of the client, and the cross-examination of the client's spouse and summarized the discovery transcript. of the lawyer in unbundling, and the ethical and liability issues that arise when a lawyer is not retained generally.
Maureen Lundell noted that although there is nothing wrong with providing unbundled services, lawyers must be wary of the ethical considerations. Chapter 10 of the Professional Conduct Handbook provides that lawyers must disclose to the court and others the fact that they are on a limited retainer. It is important to have a specific retainer agreement where in limitations of the services to be performed are clearly spelled out.
Ms Lundell brought one of her clients to speak about his experience in receiving unbundled family law services. The Client took over his own case and conducted his own trial. Initially, Ms. Lundell represented the client at the commencement of the proceedings. Although attempts were made to settle, those attempts failed. It appeared that the client's spouse's instructions were to do as much as possible to increase costs and, as a result, a shift in strategy was necessary. Ms. Lundell and her client thought that unbundling would work because of their long history of working together and their good relationship of trust and communication. By the time Ms. Lundell withdrew as counsel there had been 10 court applications. By the trial date 23 interim applications
The client called Ms. Lundell every day of the trial during the lunch break and at the end of each day they met for one to two hours. The client was satisfied with the result and felt that there was an advantage to representing himself. For example, he knew the facts better than anyone else , which made it easier to catch false testimony
INTERNATIONAL LAW
International Development Committee (IDC) member, Margaret Ostrowski, QC , spoke about the CBA's contribution to the international advancement of the Rule of Law.
With the fall of the Iron Curtain, Central and Eastern European countries were faced with rebuilding their economic , political and social structures as well as their legal institutions. In 1990, the CBA responded by establishing a legal internship program with from Hungary. Within three years, the program had expanded to Poland, Slovakia, the Czech Republic and the Ukraine. The program facilitated the training in Canada of more than 75lawyers from Central Europe and was a resounding success largely because of the active participation of the CBA and law firms across Canada. It highlighted the importance of the establishment of the Rule of Law and led to the establishment in 1994 of the IDC of the
Shelley Bentley is in private practice at G. Davies & Company.
CBA. The IDC's mission is to enhance the Rule of Law in democratizing countries through systemic change by promoting fair justice systems, facilitating effective law reforms and representing the profession internationally. It is comprised of nine lawyers and judges from across Canada and nine staff members.
Ms. Ostrowski outlined the basic tenets of the Rule of Law. She referred to CBA Past President Paul Fraser, QC's proposed fundamental requirements for a system of laws to maintain the respect of those who are governed by it:
• Laws should be prospective, not retroactive. Those who are governed by the law must know that the rules will not be changed after the fact .
• Laws should be open and clear. Those who are to be governed by the law must be able to understand it.
• Laws should be relatively stable If the law is in a constant state of flux people will abandon efforts to be guided by it.
• Princip les of natural justice must be adhered to in order to promote respect for the processes of the law.
• Courts and legal services must be accessible.
• The independence of the judiciary must be guaranteed. If the courts are not free to apply the law, the task of finding out what law will be applied becomes impossible.
Ms. Ostrowski noted that defending the Rule of Law will not necessarily rank high on any survey of CBA member needs. Members must be concerned with finding clients, staying acquainted with good practice habits and the latest changes in legislation and case law. But she commented that bar associations, as vehicles for higher collective activity, are required to engage in higher collective matters as well. As defend-
ers of the Rule of Law, bar associations ensure that their own citizens understand it, respect it and assist other countries with a similar goal.
WILLS AND TRUSTS-OKANAGAN
Philip Renaud, Chair of the national Wills, Estate and Trusts (WET) Section, spoke about the role of the national Section and outlined their current projects The national Section is comprised of an executive committee and representatives from the Branch Sections across Canada. Its mandate is to develop a united voice among the provincial bars in the reform of wills, estates and trusts. Currently the national WET Section is developing a proposal to lobby for changes that would:
• allow RRSP 's and RRIF's to be rolled over on a tax-free basis to spousal trusts;
• allow RRSP's and RRIF's to be rolled over on a tax-free basis to discretionary trusts for handicapped children without the necessity of purchasing an annuity;
• provide creditor protection for RRSP's and RRIF's;
• create uniform laws dealing with recognition and enforcement of enduring Powers of Attorney; and
• create uniform laws dealing with definitions of common-law spouses and same sex-partners for legislation in the area of estate and succession planning. BT
The Wills & Trusts-V ictoria Section ended its year on a high note with a
much enjoyed jazz evening with the Diane Pancel Jazz Quartet. The quartet features Ivan Elieff, the Sect ion Treasurer (seated]. who studied jazz piano before studying law Pictured are (L-R, standing) Kelby MacNayr, Diane Pance l , and James Young.
DAVID J . BILINSKY
Isolation at the Bar
Ways to bridge the gap
I'm so tired of being lonely. I still have some love to give. Won't you show me that you really care -Words and music by The Traveling Wi lburys
As lawyers, we are accustomed to long periods of solitary time spen.t ing on a file; d1ctatmg, researching law, drafting documents, reviewing long transcripts, drawing up litigation notes, preparing for trial and the like. In times gone by, a junior would accompany a senior lawyer to trial
David J. Bilinsky is the Practice Management Advisor at the Law Society of British Columbia Contact him at dbilinsky@lsbc.org.
others; lawyers can also suffer from psychological isolation or feeling alone even when they are in an organization of a hundred individuals and having the sense there is no one to turn to or being separate from their professional peers
So what can be done to help break down isolation? Here is a selection of ideas put forward m this area:
ASSOCIATE ISOLATION
who can pass along not only good "clinical" skills but also the personal career management and survival skills that are essential to success as a lawyer within a larger organization. While this sounds trite and obvious, I have talked to numerous associates who have left their firms due to perceived lack of mentorship and attention by senior counsel.
GEOGRAPHIC ISOLATION
Geographic isolation is perhaps the easiest to solve. There are numerous ways to overcome a geographical barrier:
• Join a local bar association.
Young professionals require time - from skilled seasoned lawyers or chambers and each wou l d provide the other with companionship as well as assistance. On all major closings, it would be natural to find a junior assisting senior counsel at the closing table. However, the increasing emphasis on costs combined with the effects of technology has resulted in lawyers being isolated to greater and greater degrees. One wonders if there is a correlation between the fact that there is less time spent cultivating associates into the culture of being a lawyer and the generally acknowledged lack of buy-in among younger lawyers to the traditional partnership tenure track. Certainly there has been a history of young lawyers leaving the profession for some time now.
There are many ways that a lawyer can feel isolated. Young professional isolation is but one aspect of this problem; geographic isolation can be a factor among solos and lawyers in smaller firms no matter where they are located; lawyers can surmise they are being strategically isolated, or feeling like they are on the outside of a firm's main activities; a lawyer can feel resource isolation where they conclude their professional activities are constrained due to lack of access to qualified or capable staff as compared to
BARTALK August 2004
• Join the Trial Lawyers Association's listserv (www.tlabc.org) that has hundreds of lawyers in daily contact sharing ideas and camaraderie via email.
• Take a CLE program in an area of interest and make and keep contact with lawyers in other distant communities . The bar has a long and honorable history of taking time to answer calls from fellow lawyers in order to assist them with a file and you will not be talking to your competition down the street.
• Get involved with the CBA - the organization stands to benefit from your contributions and you will benefit from being part of an active organization serving other lawyers.
• Get involved in your community. A colleague in a related professional field can add variety and a new perspective to an otherwise solitary day.
STRATEGIC ISOLATION
Perceived strategic isolation may be due to many factors , not the least of which may be that you have become ' transparent.' One method to solve this wou l d be to become ' noisy' -not in the sense of being a squeaky wheel that needs fixing, but rather to establish and demonstrate your core competencies. You should look for opportunities to quietly show that you:
• Are committed to service excellence in your practice
• Seek new challenges and new opportunities and are prepared to take your practice with you.
• See 'the big picture ' when it comes to strategic p lanning and thinking.
• Look for ways to help t h e practice by finding alliances within the community.
• Foster an environment of mutual respect and trust with all staff and clients.
• Have effective communications skills and exercise them constantly
• Can work well with others in a team and look for opportunities to do so
• Can provide leadership. You may have to do this outs ide the firm in a community setting first to establish your credentials.
• Can plan, prioritize and focus on what is critical to a client, to the firm and to you
• Are committed to lifelong learning and personal career planning.
• Have personal business skills and are looking for ways to use them in the firm
• Create new opportunities for yourself and the firm.
• Recognize the value of professional networking and service to the bar.
• Constantly demonstrate a positive attitude and show th a t you are flexible in times of continual chang e.
DAVID J . BILINSKY
RESOURCE ISOLATION
Resource isolation also could be due to many factors , not the least of which is a lack of anyone championing your benefit to the firm. You need to become your own advocate, gently demonstrating the return to the firm on their investment in you You need to not only show your competence and professionalism (see strategic isolation above), you need to couple this with a financial analysis of the cost/benefit to the firm arising from your activities and how the return to the firm could be increased by providing greater resources to you
PSYCHOLOGICAL ISOLATION
Psychological isolation may also arise from different circumstances, but one way that this may occur is by failing to adapt to changing circumstances Of all factors that are essential for survival today, the ability to adjust to the constant rate of change has become key. Much has been written on how to adapt to changethe first step is to become aware of t he number of work and personal related changes in your life The next step is to determine how effectively you have adapted to these changes. Then determine what it is that you can change and what you cannot. Set up an action plan to specifically attack the area(s) that you wish to change and how you intend on addressing them This is a gradual process and your ultimate goal should be to welcome change as an agent of growth and leadership.
The practise of law is a difficult and arduous undertaking. Fortunately, the collegiality of the bar is one of the highest attributes of our profession. All of us can foster and promote this attribute by reaching out to our fellow practitioners and ensuring that everyone in our community is made welcome BT
The views expressed herein are strictly the author's and may not be shared by the Law Socie t y of B.C
Pacific Legal Technology Conference 2003
Last year's conference materials can be purchased via www.pacificlegaltech.com/sessions.html
Deadlines and Other Movable Feasts
To misquote Shakespeare, as I like to do, and to misplace modifiers, as I like to try: "cry havoc and let loose the Dog Days of Summer!"
Ahh, summer. It's finally here, although for those of us in some parts of B.C. , hot summer weather has been with us since April, turning my grass brown and my skin red months before it should have. Those who still don't believe in global warming should be denied sunscreen and lawn watering privileges on principle.
Tony Wilson is a Franchise and Intellectual property lawyer at Cawkell Brodie, and has written for The Gl obe and Mail, the
Although the meteorological summer has been with us for months and the official summer magazine. His e-mail address is twilson@cawkell.com
mega-firm is away, the client may actually have to wait a little. Deadlines may have to move. Extensions of time may have to be obtained. Schedules may have to be amended. Feasts may have to be moved. Paradigms may have to shift. Reality may have to be acknowledged. Common sense may have to be embraced. To accurately quote my old friend and mentor Len Polsky, "There are real deadlines, and there are artificial deadlines. The sec ret of practice is being able to tell the two apart." Summer is the time when you just have to be realistic about Vancouver Sun and Macleans
has been with us since June, the psychological summer has more or less just gotten underway. The psychological summer is a frame of mind as much as a space on the calendar. It's a time of absent partners, absent associates and more or less vacant courtrooms. It's a time when we're all expected not to be expected Smart people get out of their law offices for extended periods of time, and smarter people try to stay away longer. Even some of the big Toronto megafirms close up Fridays at noon to allow those Type-A triple-by-pass-in-waiting lawyers to get to Highway 401 by 2 o'clock, just so they can make it to their cottages for dinner. The French are the smartest: they close down the entire country during August because everyone knows that everyone else is elsewhere
It 's a time of flexible deadlines, because it has to be. Nearly everyone is gone. If you're on your boat, the accountant is camping in Tofino, the lawyer on the other side of the file is floating down some pastoral river in France, the expert witness is on Saltspring, and even the specialist at the Toronto
deadlines; you have to distinguish between the human and the inhuman, and not commit to the impossible or the superhuman. Things happen. People are away. I'll be back It'll get done. Get a grip. (Get a life.)
My favorite quote about deadlines is from the late Douglas Adams, a writer known for his astounding and some say superhuman ability to procrastinate. "Deadlines," he said, "I love them. I love the whooshing noise they make as they fly past me." The quote goes a long way in the book business but as Mr. Adams did not have limitation dates and liability insurance to deal with, I wouldn't want to be using it with our friends at the Lawyers Insurers Fund
Whether it's summer holidays, Christmas, spring break or the first day of school for your kids, sometimes your personal life, your family and your sanity must take precedence over your work. Sometimes you have to bite the bullet and tell the client ''I'm sorry. I'm going away. I'll get to it as soon as I can." And sometimes you have to stay late The trick is to know the real deadlines from the artificial ones. BT
CBA Services For You
Canada's lawyers are making a diffe rence through their work and volunteerism. Discover, through the nation a l CBA Web site (www .cba.org) , the many ways in which lawyers serve their clients and communities, and how the CBA strives to support this important work
CBA AD CAMPAIGN PROMOTES BUSINESS FOR LAWYERS
Blackcomb Mountain Enjoy the ride of your life at the Whistler Mountain Bike Park, featuring 3,400 vertical feet of riding CBA members receive discounted day tickets that give unlimited access to the Mountain Bike Park trails, skills centres and jump parks, and a lift ticket. The Bike Park runs daily until October. For more information visit www.bccba org in "Member Products & Services " under "Alpine Resorts." All businesses in B.C. must be in compliance with two important new pieces of legislation: the Business Corporations Act and the Personal Information Protection Act The CBABC is encouraging businesses to consult a lawyer for advice on how to comply with the
Patric ia Jordan is the CBABC Manager, Interactive Media.
She welcomes your comments, questions and suggestions If you have a question about s ite content , or would like something added to the site, contact her at pjordan@bccba.org or call 604-646-7861
DID YOU KNOW
CBA Financial Services (CBAF) is a not - for - profit corporation controlled and directed b y lawyers. CBAF arranges for the provision of various financial products and new legislation. Check out the "Library" at www .bccba .org to learn more about the changes and how your clients are affected
MEMBER PRODUCTS & SERVICES
CBA members can receive discounts by using the services of preferred suppliers. Take advantage of the favorabl e rates for members at numerous hotels and resort locations throughout B.C The Terminal City Club has an exclusive offer to members for an outst a nding one time entrance fee of $3,750 (50 per cent savings) and $1 ,875 for members not residing in the Lower Mainland .
CBA members recetve discounts for Whistler sightseeing and the Blackcomb Mountain adventure z one, valid until September. Tickets include one sights e eing ticket, one round of mini -golf at the Little Mountain Golf Centre (equipment is provided) and one ride on the 1.4 km Westcoaster Luge on
services to members of the legal community, their families and employees. In addition to the already low management fees under the CBAF Group RSP, CBA members receive an additional discount Learn more online at www bccba.org in "Member Products & Services " under "Banking" or visit www barfinancial.com. BT
PATRICIA JORDAN ON
LEGISLATIVE UPDATE
STUART RENNIE
Every effort is made to ensure the accuracy of the information provided to you in this article but the information 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 citat i on for the Act The bill number has been given to make it easier for you to note up the bills you may have in your library
Additional detail on the Leg islat ive Update can be found in the online issue of August BarTalk, posted at www.bccba.org.
ACTS IN FORCE
AGROLOGISTS ACT, S.B.C. 2003, C. 13 (BILL 4)
Summary
Bill 4 repeals and replaces the Agrologists Act with a revised and updated statute which will continue to permit the B.C. Institute of Agrologists to regulate the profession of agrology
In Force
Act in force May 12, 2004
COAL ACT, S.B.C. 2004, C. 15 (BILL 28)
Summary Bill 28 repeals and replaces the 1996 Coal Act.
In Force
Sections 1, 2 (1), (2), (3) (a) to (d) and (f) and (4) to (6), 3 to 29 and 31 to 33 in force June 11, 2004; Act in force except section 2(3)(e) and section 30
See Regulations to Note
COMMERCIAL APPEALS
COMMISSION REPEAL ACT, S.B.C. 2003, C. 51 (BILL 70)
Stuart Rennie is the CBABC Legislation & Law Reform Officer. He can be reached at 604-949-1490 or by e-mail [sren n ie@bccba. o rg).
Summary
As a result of the government's Core Services Review process, Bill 70 repeals the Commercial Appeals Commission Act.
In Force
Sections 1, 18, 19, 21,23 to 31,32 (b), 36 to 39,41 to 48, 53, 59, 61, 63, 65 and 66 in force June 1, 2004
See Regulations to Note for Financial Institutions Act
COMMUNITY CARE AND ASSISTED
LIVING ACT, S.B.C. 2002, C. 75 (BILL 73)
Summary
Bill 73 replaces the Community Care Facility Act (Bill16) (April 2002), including amendments to delegate increased responsibility
to local health authorities to manage and enforce community care facility licences.
In Force
Act in force May 14, 2004, except for sections 12, 24, 26 (1), 43 (b), 44 to 46, 47 (b), 48, 49, 50 (a), 52, 53 and 55 (a). Section 26 (1) in force September 30, 2004
See Regulations to Note
HEALTH PROFESSIONS
AMENDMENT ACT, 2003, S.B.C. 2003, C. 57 (BILL 62)
Summary
Sections 7, 11, 12, 13 (b), 14, 15, 18, 20, 22 to 26, 28, 30, 35, 36 and 38 amend the Health Professions Act Section 7 adds a new section to establish a process for the validation of board elections and to permit a board to appoint an executive committee. Section 11 permits the registration committee to grant or refuse registration to a member of the profession and sets out a review and appeal process. Section 12 creates a procedure for internal review by the board of a refusal to grant registration to apply only to those colleges whose boards adopt the procedure by bylaw. Section 13 (b) makes a consequential amendment as a result of the amendment made by section 11. Section 14 adds a new provision
to permit the registrar to refuse access to the register if the registrar is sat isfi ed that access could reasonably be expected to threaten a College member's safety.
Section 15 adds a duty for the Co ll ege to keep a register of information about its members Sect ion 18 adds definitions of "professional misconduct," "serious matter" and "unprofessional conduct." Section 20 permits the registrar to dismiss a complaint without reference to the inquiry committee. Section 22 expands the powers of the inquiry committee in conducting investigations. Section 23 requires that investigations be conducted as soon as practicable. Section 24 amends the report and review provisions governing the inquiry committee and the registrar for outcomes of investigations.
Section 25 permits a complainant to require the inquiry committee to deliver to the complainant a written summary of a consent or undertaking made by a member of the College. Section 26 provides that the common law applies to the disclosure of evidence Section 28 makes amendments to the procedures at discipline committee hearings .
Section 30 clarifies that only the Co ll ege and the registrant may appeal an order of the discipline committee to the Supreme Court and that the appeal w ill normally be a review of the record. Section 35 revises the list of offences under the Act to reflect the amendments to the Act made by Bill 62. Section 36 permits a person, in addition to the College, to
apply for an injunction. Section 38 expands the scope of the provision governing confident ial information.
In Force
Sections 7, 11, 12,13 (b), 14, 15, 18, 20, 22 to 26, 28, 30, 35, 36 and 38 in force June 1, 2004
LOCAL GOVERNMENT
BYLAW NOTICE ENFORCEMENT ACT, S.B.C. 2003, C. 60 (BILL 65)
Summary
Bill 65 creates local government dispute adjudicative systems to administer minor bylaw disputes. Sections 30 to 37 of Bill 65 make consequential amendments to specified statutes. Sections 38 and 39 make internal amendments to Bill 65.
In Force
Sections 1 to 30, section 32, insofar as it adds section 266.2 to the Local Government Act, (application of the Local Government Bylaw Notice Enforcement Act), sections 33, 35, 37, insofar as it adds section 333B to the Vancouver Charter (enforcement of bylaws), sections 38 and 39, all in force May 3, 2004. Sections 31, section 32, insofar as it adds section 267.1 to the Local Government Act (additional sentencing powers in relation to Offence Act prosecutions), sections 34, 36 and 37, insofar as it adds section 333C to the Vancouver Charter (additional sentencing powers in relation to Offence Act prosecutions), all in force January 1, 2005
See Regulations to Note
LOCAL
GOVERNMENT STATUTES AMENDMENT ACT,2000,S.B.C.2000,C. 7 (BILL 14)
Summary
Section 173 amends the Local Government Act to redefine the definition of "capita l costs" to permit approved interest costs to be included as part of the capital costs of a work.
In Force
Section 173 in force May 14, 2004
MILK INDUSTRY AMENDMENT ACT, 1997, S.B.C. 1997, C. 9 (BILL 12)
Summary
Bill 12 amends the Milk Industry Act affecting milk inspection on farms and in processing plants. Section 1(a) repeals the phrase "imitation milk product" in section 1 of the Milk Industry Act. Section 9 prohibits a person from selling or otherwise supplying a dairy product that is adulterated or contaminated . Section 10 repeals a provision prohibiting imitation milk products. Section 11 is a consequential amendment to the changes made by section 9 Section 15 repeals a provision prohibiting a person from adding fats other than milk fat. Section 21 (h) amends regulation-making powers for dairy products in respect of the repeal of section 40 (2) (v) and (w) of the Milk Industry Act.
ACTS IN FORCE
In Force
Sections 1 (a) in respect of the repeal of the phrase "imitation milk product" in section 1 of the Milk Industry Act, 9, 10, 11, 15 and 2 1 (h) in respect of the repeal of section 40 (2) (v) and (w) of the Milk Industry Act in force May 7, 2004
MISCELLANEOUS STATUTES
AMENDMENT ACT, 2002, S.B.C. 2002, C. 22 (BILL 111
Summary
Section 8 removes 4 Schedule C Parks from the Protected Areas of British Columbia Act.
In Force
Section 8 in force April 22, 2004
MISCELLANEOUS STATUTES
AMENDMENT ACT (NO 21 , 2002,S.B.C.2002,C.48 (BILL 541
Summary
Sect ion 36 and 39 amend the Liquor Control and Licensing Act. Section 36 repeals the definition of "appeal board." Section 39 repeals the provision allowing for the making of regulations respecting the Liquor Appeal Board. Section 47 amends the Local Government Act to authorize a regional district board to exempt land or improvements belonging to a municipality, a greater board or another regional district if located in an electora l area in the regional district and used for the purposes of the local government or greater board.
Section 57 and 58 amend the Special Accounts Appropriation and Control Act. Section 57 creates anew Ministerial duty to pay into the Forfeited Crime Proceeds Fund money that is forfeited Section 58 permits regulations to be made to prescribe relevant provisions for the purposes of the Forfeited Crime Proceeds Fund.
In Force
Sections 57 and 58 in force April 30,2004
See Regulations to Note for Special Accounts Act Appropriation and Control Act
Sections 37 to 41 amend the Workers Compensation Act.
Section 37 adds a new expanded definition of "worker" entitled to appeal rights. Section 38 adds a new expanded definition of "emp loyer " entitled to appea l rights. Section 39 adds a provision respecting appeal rights to workers for decisions pre-dating the 2004 amendments for decisions made between March 3, 2003 and the date that this sec-
tion comes into forc e , June 15 , 2004 Section 40 now permits a health professional to be ret a ined by the appeal tribunal where that health professional treated a member of the worker's family.
Section 41 is a consequential amendment as a result of the change to the definition of "worker" in section 37.
In Force
Section 40 in fo rce May 14 , 2004. Sections 37 to 39 and 41 in forc e June 15, 2004
PARKS AND PROTECTED AREAS
STATUTES AMENDMENT ACT, 2003, S.B.C. 2003, C. 98 (BILL 841
Summary
Section 4(b) amends the Protected Areas of British Columbia A ct to repeal and replace the description for Omineca P a rk in the Cassiar District , adding land to the Park and corr e cting errors in the description by excepting lands for approved access roads and existing hydro developments
In
Force
Section 4(b) in force May 14, 2004
PASSENGER TRANSPORTATION ACT, S.B.C . 2004, C. 39 (BILL 301
Summary
Bill 30 repeals and replaces the Motor Car rier A ct.
In Force
Sections 1 to 3, 24 , 40 and 59 in force June 11 , 2004 and sections 4
REGULATIONS TO NOTE
to 23, 25 to 39, 41 to 58 and 60 to Act to eliminate requirements to fines up to $50,000 for viola78 of Bill 30 in force June 28, regarding plans tendered for tion of the Act and regulations. 2004 deposit.
Section l(b) amends the Teaching Repeal specified provisions of the Act in: section 39(a) to add a defi- Profession Act to delete a refer- Commercial River Rafting Safety nition of "designated classificaence to the "Company Act " and Act. tion authority," the part of sec- replace it with a reference to the tion 44 enacting sections 12.3 of InForce the Motion Picture Act to authornew "Business Corporations Act"
Sections 2 to 8, section 9 (l)(b) ize the Minister to make agree(in force March 29, 2004). and (c) and (2), section 11 (3) to ments, including agreements InForce (5) , (8) and (9) and section with a designated classification Section l(b) in force May 7, 2004 13(2)(a) and (b) and (3) in force authority and the part of section retroactive to Aprill, 2003 45 (b) that enacts section 14(2)(j),
VITAL STAT ISTICS AMEND- (k), (m) and (n) of the Motion Picture Act to permit regulations
MENT ACT, 2004, S.B.C. REGULATIONS TO NOTE to be made regarding exempting 2004, C. 55 (BILL 431 classes of films or licensees from Summary
BALANCED BUDGET AND application of the Act, create new Amends the Vital Statistics Act MINISTERIAL classification scheme for films including to : add to document ACCOUNTABILITY ACT, and prescribe a designated classi- security protections in light of creates the Ministers of State fication authority. the 9-11 terrorist attacks in the Expected Results for the InForce United States, make amend- 2004/2005 Fiscal Year Regulation
Sections 39 (a), that part of secments consistent with the hold- (effective May 14, 2004, B.C. Reg. tion 44 that enacts section 12.3 of ing of the Supreme Court of 216/2004) the Motion Picture Act and that Canada in Trociuk v. British part of section 45 (b) that enacts Columbia (Attorney General) 2003 COAL ACT, repeals and replaces sec 34 (that provisions of the the Coal Act Regulation (B.C section 14 (2) (j) , (k), (m) and (n) Vital Statistics Act providing Reg. 19/93) (effective June 11, of the Motion Picture Act in force mothers with the absolute discre- 2004, B.C. Reg.251/2004) May 21, 2004
tion to not include the biological COMMUNITY CARE AND fathers ' surname on birth regis - ASSISTED LIVING ACT, creates SUSTAINABLE RESOURCE tration forms are unconstitution- the Community Care and MANAGEMENT STATUTES a!), add a duty for a midwife Assisted Living Regulation, AMENDMENT ACT, 2003, who attends a birth to give notice amends the Adult Care S.B.C. 2003, C. 66 (BILL 731 of the birth, make amendments Regulations (B.C. Reg. 536/80), Summary regarding birth certificates and amends the Child Care Licens i ng Section 37 amends the Land Title increase the current $2,000 fine Regulation (B.C. Reg. 319/89) (all
REGULATIONS TO NOTE
effective May 14,2004, B.C. Reg. under Rule 67 until July 2, 2005; Reg. 295/98) (effective May 1, 217/2004) and also creates the add a new form regarding an 2004B.C. Reg. 165/2004) Assisted Living Regulation Application for a Trial Date LOCAL GOVERNMENT (effective May 14, 200, B.C. Reg. under Ru le 39; and to expand the BYLAW NOTICE 218/2004) application of indigent status ENFORCEMENT ACT, creates COMMUNITY CHARTER, (where no fees are payable to the the Bylaw Notice Enforcement creates the Resumption of Crown) under Appendix C, Regulation (effective May 3, Highways Regulation (effective Schedule 1 (Fees Payable to the 2004, B.C. Reg. 175/2004) Crown) (effective July 1, 2004, June 2, 2004, B.C. Reg. 245/2004) B.C. Reg. 201/2004)
MORTGAGE BROKERS ACT, COMMUNITY CHARTER AND FINANCIAL INSTITUTIONS amends the Mortgage Brokers LOCAL GOVERNMENT ACT, Regulations (B.C. Reg. 100/73) creates the Municipal Liabilities ACT, creates the Financial (effective June 1, 2004, B.C. Reg. Regulation under the Community Services Tribuna l Regulation 226/2004) Charter (effective June 11,2004, (effective June 1, 2004, B.C. Reg PASSENGER 222/2004) B.C. Reg. 254/2004) and creates TRANSPORTATION ACT, the Regiona l District Liabilities
FREEDOM OF INFORMATION creates the Passenger Regulation under the Local AND PROTECTION OF Transportation Regulation (in Government Act (effective June PRIVACY ACT and HEALTH part effective June 11, 2004 and 11, 2004, B.C. Reg. 261/2004) ACT, both amend the Health Act part effective June 28, 2004, B.C. CORRECTION ACT, amends the Communicable Disease Reg. 266/2004)
Correctional Centre Ru les and Regulation (B.C. Reg. 4/83) to
PETROLEUM AND NATURAL add a new section to permit the Regulations (B.C. Reg. 284/78) provincial health officer to direct GAS ACT, amends the (effective June 11,2004, B.C. the B.C. Centre for Disease Petroleum and Natural Gas Reg. 255/2004) Control to disclose relevant per- General Regulation (B.C. Reg. COURT RULES ACT, amends sonal information identifying the 357/98) (effective April30, 2004, the Supreme Court Rules (B.C. source of blood samples being B.C. Reg. 196/2004) Reg. 221190), including to: tested for West Nile Virus at its POWER FOR JOBS expand the requirements for fil- lab to the Canadian Blood DEVELOPMENT ACT, repeals ing a notice of trial under Rule Services Agency (effective May the Power for Jobs Development 39 (Trial); add a subrule to Rule 21, 2004, B. C. Reg. 223/2004) Act Regulation (B .C. Reg. 40 (Evidence and Procedure at I NTERJURISDICTIONAL 402/97) (effective May 21, 2004, Trial) requiring numbering B. C. Reg. 230/2004) exhibit pages; add a subrule to SUPPORT ORDERS ACT, Rule 60 (Divorce and Family amends the Interjurisdictional RAILWAY SAFETY ACT, creates Law) to permit the registrar to Support Orders Regulation (B.C. the Railway Safety Adopted create an electronic court docket Reg. 15/2003) to add the Czech Provisions Regu lation (effective information index and set terms Repub lic to the Schedule so that May 12, 2004, B.C. Reg. for access to this index; extend the Czech Republic is deter- 210/2004) the Fami ly Law Judicial Case mined to be a reciprocating juris- SPECIAL ACCOUNTS Conference Pilot Project under diction under the Act (effective APPROPRIATION AND Ru le 60E until July 2, 2005; April15, 2004, B.C. Reg. CONTROL ACT, creates the remove the requirement to file a 164/2004)
Forfeited Crime Proceeds Fund list of documents under Rule 66 LOCAL GOVERNMENT ACT, Regulation (effective April 30, (Fast Track Litigation); extend amends the British Columbia 2004 by B.C. Reg. 193/2004) the Fax Filing Pilot Project Rule Building Code Regulation (B.C.
STRATA PROPERTY ACT, amends the Strata Property Regulation (B.C. Reg. 43/2000) and the Bare Land Strata Regulations (B.C. Reg. 75/78) (both effective May 7, 2004, B.C. Reg. 207/2004)
WASTE MANAGEMENT ACT, amends the Special Waste Regulation (B.C. Reg. 63/88) (effective May 14, 2004, B.C. Reg. 214/2004)
NEW BILLS TO NOTE
Information is current at the time of preparing th i s art i cle from April 24, 2004 to May 20, 2004 when the government ended the Spring 2004 Legislative Sess ion. Lawyers should refer to the orig i nal version of the specific Bill for its current status at First, Second or Third Reading or Royal Assent.
This is a new format for the New Bi lls to Note This new format lists CBABC Sections and the new bills which may be of interest to those Sections.
ABORIGINAL LAW
Agricultural Land Commission Amendment Act, 2004, S.B.C. 2004, c. 32 (Bill 27) to permit First Nations, involved in treaty negotiations or who have signed treaties, to apply directly to the Agricultural Land Commission to change land uses of treaty settlement lands within the agricultural land reserve without first obtaining consent of local governments. In force by regulation
NEW BILLS TO NOTE
Wildlife Amendment Act, 2004, S.B.C. 2004, c. 56 (Bill 51) to amend the Wildlife Act regarding endangered and threatened species. In force by regulation
ADMINISTRATIVE LAW
Administrative Tribunals Act, S.B.C. 2004 , c. 45 (Bill 56) to repeal and replace the 2003 Administrative Tribunals Appointment and Administration Act. In force on Royal Assent May 20, 2004, by regulation, or on March 3, 2003 for specified proviSions
College and Institute Amendment Act, 2004, S.B.C. 2004, c. 33 (Bill 26) to repeal the Institute of Technology Act In force by regulation
Teaching Profession Amendment Act, 2004, S.B.C. 2004, c. 54 (Bill 55) to: amend representation requirements on the college council; amend provisions regarding teacher education committees; and require reporting of professional misconduct. In force on Royal Assent May 20, 2004 except for section 12(b) (teacher education committees) which comes into force by regulation
BANKING LAW
International Financial Activity Act, S.B.C. 2004, c. 49 (Bill 53) to repeal and replace the International Financial Business Act and the International Financial Business (Tax Refund) Act. In force September 1, 2004
except for section 74 (amending definitions in Bill 53) which comes into force by regulation
BUSINESS LAW
Partnership Amendment Act, 2004, S.B.C. 2004, c 38 (Bill 35), following the 2001 submission by the CBABC and draft legislation to permit limited liability partnerships ("LLP"s) for lawyers and other professionals, Bill 35 amends the Partnership Act to permit registration of LLPs for businesses and professionals, including lawyers. In force by regulation
Real Estate Development Marketing Act, S.B C. 2004, c. 41 (Bill 42), companion legislation to the Real Estate Services Act (Bill 41), Bill 42 repeals and replaces Part 2 of the Real Estate Act regarding real estate development. In force on Royal Assent or by regulation for specified prOVISIOnS
Real Estate Services Act, S.B.C. 2004, c 42 (Bill 41) to repeal and replace the Real Estate Act and also to repeal the Homeowner Protection Amendment Act, 2001. Bill41 retains the lawyers' exemption from registration for selling real estate. In force by regulation
CONSTITUTIONAL/CIVIL LIBERTIES
Electoral Reform Referendum Act , S.B.C. 2004, c 47 (Bill 52) to require that any referendum respecting any electoral model
that may be recommended by the Citizens ' Assembly on Electoral Reform be held in conjunction with the general election required under the Constitution Act to be held in May 2005 . In force on Royal Assent May 20, 2004
CONSTRUCTION LAW
Highway (Industrial) Amendment Act, 2004, S.B.C. 2004, c. 37 (Bill 46) to amend the Highway (Industrial) Act regarding industrial roads providing transportation of natural resources, machinery, materials or personnel. In force on Roya l Assent May 13,2004
Transportation Act, S.B.C. 2004, c. 44 (Bill47) to repeal the Build B. C. Act, Highway Act and the Highway Scenic Improvement Act and consolidate the provisions of these statutes and the Ministry of Transportation and Highways Act into Bill47. In force by regulation
CORPORATE COUNSEL
Partnership Amendment Act, 2004, S.B.C. 2004, c. 38 (Bill35), see Business Law
Real Estate Development
Marketing Act, S.B.C. 2004, c. 41 (Bill 42), see Business Law
Real Estate Services Act, S.B.C 2004, c. 42 (Bill 41) see Business Law
CRIMINAL JUSTICE
Correction Act, S.B.C. 2004, c. 46 (Bill 44) to repeal and replace the Correction Act . In force by regulation
ENVIRONMENTAL LAW
Wildlife Amendment Act, 2004, S B.C 2004, c. 56 (Bill 51), see Aboriginal Law
FAMILY
Vital Statistics Amendment Act, S.B.C. 2004, c. 55 (Bill 43), see Acts In Force
HEALTH LAW
Community Living Authority Act (Bill 45) (First Reading May 19, 2004) creates the authority, Commun ity Living British Columbia to deliver and manage community living support services to children and adults with developmental disabilities. In force by regulation
Health Sector (Facilities Subsector) Collective Agreement Act, S.B.C. 2004, c. 19 (Bill 37) to end the legal strike by the Hospital Employees Union and other unions in their labour dispute with the Health Employers Association of B.C. In force on Royal Assent April 29, 2004 and wage reduction provision and any arbitrator's decision in force retroactive to April 1, 2004 The Act is repealed on September 30, 2004 or on a later date set by regulation
LABOUR LAW
Health Sector (Facilities Subsector) Collective Agreement Act, S.B.C 2004, c. 19 (Bill 37) see Health Law
LAW PRACTICE MANAGEMENT
Partnership Amendment Act, 2004, S B.C. 2004, c 38 (Bill 35), see Business Law
Real Estate Development Marketing Act , S.B.C. 2004, c. 41 (Bill 42), see Business Law
Real Estate Services Act, S.B.C. 2004, c. 42 (Bill41) see Business Law
NATURAL RESOURCESFORESTRY LAW
Wildlife Amendment Act, 2004, S.B .C. 2004, c. 56 (Bill 51), see Aboriginal Law
PUBLIC SECTOR LAWYERS
Ministerial Accountability Bases Act, 2004-2005, S B.C. 2004, c 50 (Bill 49) to revise the base amounts for the purposes of ministerial accountability for the Ministry of Health Services. In force on Royal Assent May 20 , 2004
Supply Act, 2004 -2005, S.B.C. 2004, c 53 (Bill48) to provide a supply of funding for the operation of the B.C. government programs for the 2004-2005 fiscal year. In force on Royal Assent May 20,2004
NEW BILLS TO NOTE
SECURITIES
Securities Act, S.B.C. 2004, c. 43 (Bill 38) to repeal and replace the Securities Act. In force by regulation
VARIOUS SECTIONS
Community, Aboriginal And Women 's Services Statutes Amendment Act, 2004, S.B.C. 2004, c. 34 (Bill 36) including amendments to the : Budget Measures Implementation Act,
2003, S.B.C. 2003, c. 3; Community Charter, S.B C. 2003, c. 26; Community Charter Transitional Provisions, Consequentia l Amendments and Other Amendments Act , 2003, S.B.C . 2003, c. 52; Farm Practices Protection (Right to Farm) Act, R.S.B .C. 1996, c. 131; Local Government Act, R.S.B.C. 1996, c. 323; and Vancouver Charter, S.B.C. 1953, c. 55. In force on Royal Assent, by regulation or dates certain for specified proviSIOns
What is "Costs L.R."?
Q: The Annotated British Columbia Legal Profession Act and B.C. Annual Practice include citations to "Costs L R.". What does the abbreviation stand for and where can I find copies of cases in that series?
A: Mr. Turr iff has prov ided a selected bibl i ography in the Annotated British Columbia Legal Profession Act, which indicates the source to be Costs Law Reports and includes the publisher's information. Unfortunately, a search of local online l i brary catalogues reveal that the U.K. report series is not held by the B.C Courthouse Library Soc iety, the UV ic Diana M. Priestly Law Library or the Law Library, UBC. But all is not lost. A search in the Qu ickLaw source directory lists Costs Law Reports i n a United Kingdom database called COSTS, with coverage from 2000 onward. For those without access to QL, the B.C. Courthouse L i brary Society can prov ide copies through its Informat ion Services Department (604-660-2841 or 1-800-665-2570 or bccls@bccls.bc.cal.
Another option is to try to locate the cases through a free Internet database. The links on the BCCLS Web site listed under United Kingdom seem promising. In fact, the first link on the list, the British and Irish Legal Information Institute, includes the dec isions we are searching for.
The B.C. Courthouse Library Society welcomes your questions. E-mail queries to bccls@bccls.bc.ca.
LEGISLATIVE UPDATE
Financial Institutions Statutes Amendment Act, 2004, S.B.C 2004 , c. 48 (Bill39) including amendments to the: Credit Union Incorporation Act , R S B.C. 1996, c. 82; Financial Institutions Act , R.S.B.C. 1996, c. 141 In force by regulation
Forests Statutes Amendment Act, 2004, S.B.C. 2004, c. 36 (Bill 33) including amendments to the: Forest Act, R.S.B.C 1996, c. 157; Forest and Range Practices Act, S.B.C. 2002, c. 69; Forest and Range Practices Amendment Act, 2003, S.B.C 2003, c 55; Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159; Forest (Revitalization} Amendment Act, 2003, S.B.C. 2003, c. 30; Forestry Revitalization Act, S.B.C. 2003, c. 17; Forest Stand Management Fund Act, R.S.B .C. 1996, c. 161; Protected Areas Forests Compensation Act, S .B.C. 2002 , c. 51. The Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159 is repealed. In force for specified provisions on Royal Assent or by regulation or on March 31,2003 and retroactive Miscellaneous Statutes Amendment Act (No. 2), 2004, S.B.C. 2004, c. 51 (Bill 54) including amendments to the: Cremation , Interment and Funeral Services Act, S.B.C 2004; Election Act, R.S.B.C. 1996, c. 106; Emergency Program Act, R.S.B C. 1996, c 111; Employee Investment Act, R.S.B.C. 1996, c. 112; Employee Investment Amendment Act, 2002, S.B.C. 2002, c. 39; Gaming Control Act, S.B.C. 2002 , c. 14; Health Professions Act, R.S.B.C.
REPORTS AVAILABLE
1996, c. 18; Income Tax Act, 1996, c. 291; Motor Fuel Tax Act, R.S.B.C. 1996, c. 21; Land Title R.S.B.C. 1996, c. 317; Property PRIVACY IN THE Act, R.S.B.C. 1996, c. 250; Local Transfer Tax Act, R.S.B.C . 1996, c. WORKPLACE DISCUSSION Government Act, R .S.B.C. 1996, c. 378; Social Service Tax Act, PAPER AND PROPOSED 323; Miscellaneous Statutes
R.S.B.C. 1996, c. 431; Taxation PRIVACY GUIDELINES !JUNE Amendment Act (No . 2), 1999, (Rural Area) Act, R.S.B.C. 1996, 2004)
S.B.C. 1999, c. 38; Motion Picture c. 448; Tobacco Tax Act, R.S.B.C. Source: Information and Privacy Act, R.S.B .C. 1996, c. 314; 1996, c. 452 In force for specified Commissioner for B.C. Available Municipalities Enabling and provisions by regulation, on at: www.oipc.bc.ca Validating Act (No.3), S .B.C. Royal Assent or on specified 2001, c. 4; Probate Fee Act, S.B.C. dates 1999, c. 4; Public Safety and REGULATORY IMPACT Solicitor General Statutes STUDIES: ENFORCEMENT Amendmen t Act, 2002, S.B C. REPORTS AVAILABLE OF OUTCOMES-BASED 2002, c. 5; Railway Act, R.S.B.C SECURITIES LEGISLATION, 1996, c. 395; School Act, R .S.B.C. ANNUAL REPORT OF THE INVESTOR REMEDIES IN 1996, c. 412; Vancouver Charter, B.C. EMPLOYMENT
SECURITIES LEGISLATION
S.B.C. 1953, c 55 In force on STANDARDS TRIBUNAL AND COST SAVINGS UNDER Royal Assent May 20, 2004 or by 2003-2004IAPRIL 2004) A FIRM-ONLY REGISTRregulation or on specified dates ATION SYSTEM !MAY 2004) for specified provisions
Source: B.C . Employment
Source: B.C . Securities CommissStandards Tribunal. Available at: Parks and Protected Areas Statutes www.bcest.bc.ca/statistics/ ion. Available at: www.bcsc .bc.ca Amendment Act, 2004, S.B.C. ar-fy04.pdf 2004, c. 52 (Bill 50) including amendments to the: Park Act,
SAFE CARE FOR BRITISH R S B.C. 1996, c 344; Protected DISCUSSION PAPER: COLUMBIA 'S CHILDREN: A Areas of British Columbia Act, CLARIFICATION OF THE DISCUSSION PAPER !MAY S.B.C. 2000, c. 17. In force on RECONSIDERATION AND 2004) Royal Assent except section 3 REOPENING POLICIES !MAY Source: Ministry of Children and and 4 (Protected Areas of British 2004) Family Development. Available Columbia Act) which come into Source: WCB. Available at: at: www.mcf.gov bc calsafe_care/ force by regulation www. worksafebc.comllaw_and pdf/safe care_maylO_ 04.pdfProvincial Revenue Statutes policy/policy _consultation/asse t s/ Amendment Act, 2004, S.B C. pdf/clarification_ SPECIAL COMMITTEE OF 2004, c. 40 (Bill 34) including reconsideration_discussion.pdf
THE B.C. LEGISLATIVE amendme nts to the: Corporation ASSEMBLY TO REVIEW THE Capital Tax Act, R.S.B.C. 1996, c FREEDOM OF INFORMATION 73; Hotel Room Tax Act, R.S.B.C. NINTH QUARTERLY AND PROTECTION OF 1996, c. 207; Income Tax Act, PROGRESS REPORT PRIVACY ACT REPORT !MAY R.S .B.C. 1996, c. 215; Insurance RELATED TO 2004) Premium Tax Act, R.S.B.C. 1996, DEREGULATION !MAY 2004) c. 232; Land Tax Deferment Act, Source: Ministry of Small
Source: Legislat i ve Assembly of R.S B.C 1996, c. 249; Mineral Business and Economic
B.C. Available at: www.legis.gov. Land Tax Act, R.S B.C. 1996, c. Development. Available at: bc.calcmt/37thparl/session290; Mineral Tax Act, R.S.B.C. www .deregulation .gov.bc.ca 5/foilreports/R pt- FO IPPA3 75.pdf
The eighth annual CBANBA Golf Tournament on all accounts was a very successful event. Not only was much fun had by all who participated, but the event also raised the funds needed for the law student scholarships for both UBC and UVic. The tournament was again held at the pristine University Golf Course situated on the cusp of the University endowment lands in Vancouver's Point Grey peninsula.
No matter how much everyone said their participation was merely for the cause, competitive natures emerged when this year's top teams compared scores.
In an impressive round of 'Texas Scramble' the top three teams were tied. However, after a mandatory tie breaker, the title was awarded to Joe Doyle of Chamberlain & Doyle, Anu Khanna of Khanna & Company, Nicholas Smith of Legacy Tax + Trust Lawyers and Alan Ross of Alexander Holburn Beaudin & Lang.
We hope to see everyone again for next year's ninth annual CBANBA Go lf Tournament.
Practice Direction: Criminal Caseflow Management Rules
Appearances by video in criminal matters where evidence is not taken
June 29, 2004- (Excerpt) For appearances in which evidence of a witness is not taken: (a) sections 537(l)(j) and 650(1.1) permit a judge to permit an accused to attend by video, if the prosecutor and the accused agree, and (b) sections 537(l)(k) and 650(1.2) permit a judge to require an accused person who is in custody to appear by video, if the accused has an opportunity to communicate privately with counsel.
To access the complete Practice Direction, visit www.courts.gov.bc.ca.
Notice to the Profession:
Fax Filing Project
June 29, 2004- The Fax Filing Pilot Project was originally scheduled to end on July 31, 2003 However it was extended to July 1, 2004, and has now been extended to July 1, 2005 to allow time for further evaluation of the service. Following the evaluation, a decision will be made as to whether to expand the service to all registries throughout the Province
To access the full Notice to the Profession, visit www.courts. gov bc.ca.
CBABC President Robert Brun [second from left) awards top prize to Nicholas Smith, Alan Ross and Anu Khanna. The winning team also included Joe Doyle [not pictured).
Whether they're improving the status of historically marginalized communities, supporting access to justice for the poor, or volunteering tirelessly for charitable organizations, lawyers are making a difference across B .C. The CBABC recognizes the many unsung heroes in the legal profession who are quietly improving communities, and proudly congratulates these award recipients .
Community Service Awards
Five lawyers received this award - the highest honor provided by the the Canadian Bar Association, B .C Branch in recognition of community involvement and contributions outside of the
practice of law
Sue Moen, Executive Director of A Loving Spoonful, praised Law Society of B.C. lawyer Graeme V. R. Keirstead in saying, "His untiring dedication to A Loving Spoonful and other agencies in the community are worthy of professional and community recognition and award."
Recipient Jonathan Lampman of Ramsay Thompson Lampman in Nanaimo is described by Malaspina University College President Richard Johnston as someone who "epitomizes all of the positive attributes of a true community leader and who takes an active interest in both his local and provincial communities."
"Hugh McLellan (of McLellan Herbert in Vancouver), has a heart for families and understood the vital importance of people with disabilities · to be self-determining . His time commitment to the individuals we support has been huge," said Jackie Maniago, chair of Community Living Society, in highlighting McLellan's contributions to their organization.
"The efforts of Vancouver lawyer Linda Parsons (of Davis & Company) have directly and/or indirectly influenced the lives of hundreds, if n ot thousands, of women and girls throughout the Lower Mainland," stated Leah Gray, President of Big Sister of B.C. Lower Mainland.
Mark Virgin (ofSwadden, Virgin and Young) played an essential role in securing the financial and individual support that made it possible to build and open the new Dr. Peter Centre. Donald Hayes, a founding director of the Dr. Peter AIDS Foundation commented, "While many of us make community contributions, there are few whose contribution makes such a significant and long-term benefit to our society."
Linda Parsons
Mark Virgin
Jonathan Lampman
President·s Medal
Kenneth Armstrong, with the New Westminster law firm Cassady & Company, is the recipient of the President's Medal, which is awarded in recognition of one or more of the following: legal academic proficiency, outstanding works of legal scholarship , significant contribution to the profession, or noteworthy contribution to Canadian public life.
Robert Brun, President of the Canadian Bar Association, B.C. Branch, commented, "Ken has played a critical role serving the CBABC by developing a Young Lawyer's Representative position on the Executive and through his many contributions to the Editorial Board of the profession's Bar Talk publication. His leadership on legal aid matters and the organization of the 2005 CBA National Conference illustrate the depth of his commitment to the legal profession ."
Harry Rankin, QC Pro Bono Award
This award is given in recogmtwn of the immense contribution of Harry Rankin, QC in supporting access to justice for the poor. It recognizes outstanding contributions by a lawyer in pro bono work.
Recipient Ronald F. T. Macisaac of Macisaac & Macisaac in Victoria has worked tirelessly to provide pro bono legal services to clients, to assist community organizations in establishing pro bono law clinics and to undertake extensive education and advocacy work to promote a pro bono cui-
Ronald F. T. Mac isaac ture among lawyers. "Mr. Macisaac is a major philanthropist supporting many organizations concerned with biodiversity, law education and policy change," said John Young, President of the B.C. Advocacy Institute.
Equality and Diversity Award
Joseph J. Arvay, QC with VictoriaNancouver firm Arvay Finlay is the recipient of this award, which celebrates the accomplishments of a lawyer who has succeeded in advancing equality in the legal profession or generally in B.C. The award recognizes significant contributions to improving the status of women, people with disabilities, people of colour, Aboriginal peoples, lesbian, gay, bisexual, transgendered or two-spirited people, or peop le who are members of historically marginalized communities.
John Dixon, Vice President of the B.C. Civil Liberties Association, summarized Arvay's contributions by saying, "I can think of very few (people) who, while not themselves a member of an equality-seeking group, have worked more ably, tenaciously, and selflessly for the equality and diversity rights of Canadians than has Joseph Arvay."
Ken neth Armstrong
Joseph J. Arvay, QC
Vancouver Lawyers Roll Up Their Sleeves To
Help Save Lives
For the past * seven years during the month of May, members of Vancouver's Legal community have participated in a friendly blood donor challenge. While helping to save lives, these firms also compete for two awards: one for the most total donat ions and one for the highest staff part icipation rate.
Sixteen organizations participated this year resulting in an impressive 174 donations. Farris won their fifth straight award for most donations and Whitelaw Twining came out on top with a 17 6 per cent participation rate. On behalf of B.C. hospital patients, Canadian Blood Services thanks all participants and wishes them good Luck next year !
Participating firms in order of donations raised:
Farris
Fasken Martineau LLP
Alexander Holburn Beaudin & Lang
Fraser Milner Casgrain LLP Department of Justice Davis & Company
Lawson Lundell
Stikeman Elliott LLP
Clark, Wilson
Whitelaw Twining
Blake, Cassels & Graydon LLP
Miller Thomson LLP
Koffman Kalef
Edwards, Kenny & Bray
Borden Ladner Gervais LLP
Bull, Hausser & Tupper
Lawyers Advance Access To Justice Through Legal Aid Programs
Lawyers across B.C. play a central role in the ongoing efforts to achieve access to justice for people with low incomes. For instance, more than 1,000 members of the private bar continue to represent legal aid clients, despite tariffs that are we ll below standard legal rates. When people find themselves in need of emergency advice on criminal matters, duty counsel in the courts and lawyers on the Brydges line are there to help them through the initial stages of the legal process.
The 241 private bar and LSS staff lawyers participating in the family duty counsel and advice lawyer pilot projects help people who do not qualify for legal aid, yet cannot afford to pay for a lawyer, to resolve their family problems in a timely and effective manner. LSS lawyers on the LawLINE pilot project provide brieflegal advice services to help those who cannot access a lternative resources deal with a wide range of legal Issues.
LSS is grateful to these and the many other lawyers who devote their time and energy to the cause of justice for all. For further information visit www.lss.bc.ca.
CBA International Group Gets Noticed Abroad
A world away from local courthouses, B.C. lawyers are getting noticed for a positive reason. Thanks to the generosity of lawyers, judges, firms and libraries, used legal texts are given a second life, on the shelves of legal clinics and advocacy centres in the developing world. The texts make the long trip - most go to public legal clinics in sub-Saharan Africa - thanks to the CBABC's International Assistance Committee (lAC).
The lAC holds regular meetings in Vancouver, where speakers describe their legal work internationally, in countries ranging from Guatemala and Kosovo to Sierra Leone , Namibia and Rwanda
The work of the lAC will go on- Provincial Council recently voted to make the lAC a standing committee, giving it a permanent existence. (The vote a lso changed the group 's name; it was previously known as the International Resources Network Committee.)
For more information on the lAC or to join (it's free), contact cochair Cheryl Tobias (Cheryl.Tobias@justice.gc.ca), Monique PongracicSpeier (Monique@schroeder.bc.ca) or Brock Martland (bmartland@ smartwilliams.com)
Lawyer Contributions
Vital to LEAF
During its 19 year history, West Coast Legal Education and Action Fund (LEAF) has built an extensive body expertise in the area of women's equality rights and the law. This is thanks to the many lawyers who have contributed their time and knowledge on a variety of issues.
As a non-profit organization, LEAF relies on the participation of volunteers to carry out its mandate of public legal education in schools and community, advocating for changes to laws that adversely impact women, and to conduct test case litigation.
Law students and lawyers have assisted LEAF with these and many other tasks over the years. With their help, LEAF has supported National LEAF in the presentation of over 110 cases before the sec, many of which have had significant affect in advancing the equality rights women and other marginalized groups in Canada.
Lawyers conduct research, develop briefs for government, prepare case proposals and legal arguments, contribute to public legal education materials, participate on committees, board of directors, and more.
LEAF greatly appreciates the hard work and dedication of the many lawyers who have contributed to its work. Lawyers help LEAF to be a voice for those who have none.
Prince George Bar Hosts Community Open House
The Prince George bar held a belated Law Week celebration on May 26 with an open house at the courthouse. The community included a mock trial, information booths and tours of the courthouse and cells. The jury, a Grade 4/5 class from Austin Elementary, carefully considered the evidence and delivered a verdict of not guilty
Event organizers would l ike to thank the representatives from the RCMP, Victim Services, the Law Courts Education Society of B C. and members of the judiciary, Prince George bar, court registry, and sheriffs department for helping make this Law Week event a great success.
Members of the Prince George bar, court reg istry and sheriffs department participated in a mock trial that saw Alice in Wonderland [J ennifer Anderson) charged with theft and disturbing the peace. Neil Lauder and Keith Jones were the acting Crown and Defense counsel.
Rolf Weddigen, QC Honored For His Pro Bono Work
The Salvation Army's Pro Bono Lawyer Consu l tation Program has named Rolf Weddigen, QC as its "Lawyer Volunteer of the Year " Mr Weddigen, of Singleton Urquhart, began volunteering with the program in 1998. "Those less fortunate have been the prime beneficiaries of the immense dedication that Mr yveddigen has shown. It is both a privilege and an honor to have Mr. Weddigen volunteering with our program, said John Pavey of the Salvation Army
MICHAEL VAN KLAVEREN
Crown Counsel Office Facing Crisis
The B.C. Crown Counsel Association (BCCCA), incorporated as a Society in 1991, represents Crown Counsel in B.C. with respect to the terms and conditions of their employment and all other matters of professional interest. Since 1991 the BCCCA has sought to achieve fair compensation for Crown Counsel but we are now reach i ng a crisis point as a resu l t of the Attorney General's February 12, 2004 rejection of the Taylor Report. The effect of this rejection
B.C. Crow n Co un se l Assoc iat i o n
was the imposition of a new contract expiring March 31, 2005, which included no increases in compensation.
What is the Taylor Report? It is an arbitration panel report which includes recommendations for the settlement of a new contract for Crown Counsel. In that report, dated January 14, 2004, Colin Taylor, QC, the Chair, recommended that B.C. Crown Counsel be given an average salary increase of 13 per cent over three years. The result would have been an increase in starting salaries from $49,782 to $56,000, and an increase in the top salary level from $123,864 to $140,000. (Approximately 80 per cent of Crown Counsel currently earn less than $97,000 and only 13 prosecutors earn over $107,000.) The Report also dealt with other recommendations including seniority and classification levels.
The panel's majority (two out of three) referred to the B C. Government's announcement, during its February 2003 budget release, that it would not give pay increases to public servants "unless a justification could be made for the increase as a market adjustment" and found that there was "an identifiably clear and irrefutable case to be made for a market adjustment for Crown counsel." They noted that although
public service settlements in 2003 contained no general wage increases it was 'irrefutable' that B.C. Crown Counsel had fallen
behind their counterparts, being Crown Counsel m Ontario, Alberta and the Department of Justice (Federal Prosecutors) in Vancouver. In finding these other Crown Counsel to be comparables, they followed the reasoning of Donald Munroe, QC whose report had been the basis for the
settlement of the last contract, effective April 1, 1998-March 31, 2003. Munroe in turn followed the reasoning of Stephen Owen, QC an earlier arbitrator.
The Taylor Report arose as part of a settlement process agreed to with government to end a withdrawal of services by Crown Counsel in 2000. This process was contractually specified to "contribute to the orderly, constructive and expeditious settlement of terms and conditions of employment" and "promote the independent, impartial and professional exercise by Crown Counsel of their responsibilities under the Crown Counsel Act " This settlement process included the securing of an independent expert to conduct a comparative study of Crown Counsel compensation across Canada. Failing a negotiated settlement, (as occurred here) the process called for an arbitration panel to assess the comparative study, in conjunction with the government's fiscal constraints, and provide recommendations for a new contract.
The BCCCA agreed to be bound by the panel's decision no matter what. The government was not bound, but was allowed to reject the recommendations only by filing a "reasoned response" by the
continued on page 32
Michae l Va n Klaveren
President,
The New Administrative Tribunals Act
Modernizing B.C. s administrative justice system
The new Administrative Tribunals Act, given Royal Assent on May 20, 2004, is the most recent of the administrative justice reform initiatives introduced to modernize B.C.'s administrative justice system. The new Act reflects the government's inter - related goals of ensuring independent decisionmaking and public accountability
The Act is the product of extensive consultation with tribunals, the legal profession and
other stakeholder groups on the widely circulated discussion paper, "Model Statutory Powers Provisions for Administrative Tribunals", which examined B.C.'s tribunal processes and made recommendations for change.
The Act's approach is innovative, with a series of general reform provisions comprising a "menu" of options which are then selectively applied to tribunals by consequential amendments to their specific enabling legislation, reflecting each tribunal's particular mandate and needs. The Act also incorporates the provisions of the Administrative Tribunals Appointment and Administration Act (the ATAA Act). The general reform provisions, together with certain consequential amendments, were proclaimed on June 30, 2004, with proclamation of the balance of the consequential amendments and repeal of the ATAA Act expected later th is year.
The general reform provisions include clear authority for various tribunal processes, coupled with enhanced public accessibility. For example, tribunal rule - making authorities are coupled with the requirement to make those rules publicly accessible. Alternative dispute resolution is also now available to many tribunals as a less formal and costly approach.
This legislation also responds to the courts' invitations to provide clear indication of legislative intent in two often contentious and frequently litigated areas of administrative law: the standard of review and constitutional jurisdiction.
On the first, the standard of rev1ew , the Act takes two approaches, depending on whether the tribunal's expertise is recognized by a statutory privative
clause. The clear direction to the courts on the standard to be applied in each case (patent unreasonableness or correctness) is intended to limit uncertainty in judicial review proceedings.
Similarly, regarding constitutional jurisdiction, consequential amendments make either section 43 (full constitutional jurisdiction), 44 (no jurisdiction) or 45 (limited: no Charter jurisdiction) applicable to a particular tribunal. Section 44 (no constitutional jurisdiction) is made applicable to most tribunals, acknowledging that these tribunals have expertise in their core areas of responsibility - medicine, finance or social policy, for example - but recognizing the highly specialized nature of constitutional litigation and the extensive commitment of resources to deal with them in an effective way. The intent is that, for the most part, these issues are to be resolved through the courts, allowing tribuna ls to focus on the work they do best
The members of the administrative justice community who offered their ideas and creativity in the consultations on the Act greatly assisted in developing legislation that will serve British Columbians and the a dministrative justice system with enhanced fairness and efficiency BT
The Hon. Geoff Plant, QC
Attorney General of B C.
The Heroic Journey in the Practice of Law
Is there a point to being disheartened with the practice of law? Of feeling that the ladder is against the wrong wall? Is there a place for creativity in the practice of law? Can the current culture of most l aw firms be changed? Perhaps using some of the wisdom of the past may provide a path for a better future.
Joseph Campbell believed that there was a myth that crossed all cultural barriers, all age groups, gender and race and called it the Hero's Journey. The story of the
Ginger J. E. Grant, MA is an expert in Corporate Culture and Creativity.
that each lawyer must choose.
Corporate cultures reside m large firms and in small ones. Even a sole practitioner creates a corporate culture in which he or she lives. That culture is a concrete examp le of the core values of the practitioner. It doesn't matter what you say, how articulate your argument, if your behavior makes a liar out of you. Your stories, or myths, are the lifeblood of your firm. Every client that comes to your door comes with a story. Where can you link your client's www.creativityinbusiness.org hero is as old as time. Campbell believed that the story of the hero is one we all follow- aware or not, we are all on the Heroic Path. The practice of law is no different. There are few Hero/ines in our society but some would argue that lawyers still serve that purpose.
Campbell advised his students to follow their bliss. Not in a drugged-out state, not a Pollyanna-like feel good group-hug, but to follow the deepest desire within you that drives a l ife forward into the unknown. None of us lives the life we had planned. Most people have suffered a loss of some kind and been forced to come to terms with that loss. To have passion for something or someone denotes previous suffering; the word passion means to suffer or endure. It is only through our losses that our passions become evident, become clear. To fo ll ow your b l iss means to follow your passion; to heed the knowledge so dearly paid for through suffering and loss.
Passion rests on a foundation of core beliefs, those hard won values gained through encounters with life. It is always fascinating to hear the war stories to ld around the water cooler or the loca l bar. To follow your bliss is the path of the Hero, and stories of victory and defeat carry those archetypal values
story to your own? What if you considered understanding, collecting and telling those stories to be your best marketing tool? Lawyers probably best understand the power of story. They are used every day in every law office under the disguise of precedents. The power of a simple story well told has not changed. Thus the importance of understanding the Hero's Journey, for it is a favorite regardless of age.
To work from a mythic perspective necessitates choosing what you believe in and why you believe in it. You claim your own story and your right to live it. You seek others who share your commitment and your beliefs. This shared story is the rock-solid foundation of a practice and to lose the commitment to your own story is to lose your way in the dark.
The drudgeries of practice will always be there. There will be too much paper, not enough time, and pressure from above and below. But if you renew your commitment to your own archetypa l values, and consciously incorporate them into your day-today practice, the corporate culture in which you live will be a nourishing one. To use the ancient wisdom of mytho l ogy by claiming your archetypal values, and putting them to story will renew your passion for your profession. Try it. What do you have to lose? BT
CBA supports Cambodian Bar
CBA President Bill Johnson signed a memorandum of understanding with the Bar Association of the Kingdom of Cambod ia at a special ceremony on June 7 in Ottawa The memorandum formally recognizes the CBA's support for the Cambodian Bar, particularly for the Centre for Lawyers Training and Professional Improvement in Cambodia.
The signing ceremony was just one event during the recent visit of a delegation from the Bar of Cambodia.
Image Campaign Succeeds
More th an 18 million Canadians saw CBA image announcements on TV a nd in print during February, March and April of this year. The ads appeared on TV on CBC , Newsworld and RDI , and in print in Macle a n's, L'actualite, a nd Le Jo urnal du Barreau . Reaction to the campaign in CBA Branches has been very positive So far, B C. and Prince Edward Island have invested in further promotion of the ads to the public. The Ontario Bar Association is also considering this a pproach. Future plans include formal research on the impact of the campaign, that will be coordinated through CBA's bi-annual IPSOS-Reid survey.
T o view the image announcements visit www cb a .org/CBA/ about/discover.
International Agreement Signed
Practice link Wins Technology Award
The Association for Continuing Legal Education
r ecentl y selected CBA PracticeLink for its Award for Out s t a nding Achievement in Technology The A w a rd recognizes the entry that best exemplifies new, creative, effective · and innovative ways of improving education for lawyers.
Here's what's new on CBA PracticeLink this month:
• G uid e to Successful Associate Evaluations;
• Th e ABCs of Creating a Pro Bono Policy for Your Law Firm;
• Welcome to Reality : A New Lawyer's Guide to S uccess; and
• Quick tips on marketing, car eer advancement and m o r e.
Fo r all this and much more visit www.cba. or g/practicelink
The Canadian Corporate Counsel Association (CCCA) , the Corporate Lawyers Association of New Zealand and the Australian Corporate L a wyers Associ a tion signed an international agreement in May that will see the groups share benefits, resources, contacts and information. The agreement will also allow members to attend each other's functions and events and generally leverage their membership to access intern a tional networks and resources
For details ple a se visit www cba.org/CBA/ News/ 2004_Releases.
Practicelink To Feature BarTalk Marketing Columnist
Learn how to correct (or avoid] the 10 most common marketing mistakes that law firms make . Susan Van Dyke, Pr inc ipal of Van Dyke Marketing & Commun ications, gives you the scoop in an upcom ing Practicelink article. Check it out mid-August at www cba.org/practicelink.
Bar Moves " 71
Have you recently changed firms or opened a new firm? Send submissions [maximum 25 words) to Bar Moves at cba@bccba org
STEPHEN D. BALLARD has rejoined Hamilton Duncan Armstrong & Stewart, where he will further develop his practice in insurance defence and civil litigation.
DARYL BROWN has joined the firm of McQuarrie Hunter as an associate where he will practise in the New Westminster office in the areas of personal injury and general litigation law.
ROGER DAWSON now practises under the firm name of Dawson and Associates. He was a partner in Dawson, Wood and Company which was recently dissolved.
NANCY Y. FONG has left private practice and is an Estate Planning and Insurance Consultant with Leoganda Financial & Insurance Services Inc Nancy Y. Fang
COLIN S. C. HAWES, SYLVIA W. T. LEE, and LOUISE H. LIEN have recently joined Remedios & Company as associates where they will practise in the areas of corporate/commercial and China-related matters.
ALAN MONK has returned to Davis & Company from the WCB, where for the past year he ac ted as a team manager with the Review Division.
MIRIAM VALE has joined the firm of Taylor Veinotte Sullivan in Vancouver where she will primarily practise in the area of commercial litigation.
JEROME DAVID ZISKROUT has joined Epstein Wood where he will continue to focus his practice on professional ethics, governance and regulation, and litigation.
Have an ar ti cl ing pos ition to fill?
Jen n ifer Moroskat is the new Career Development Officer for the Faculty of Law at UVic. Contact Jenn ifer at 250-472-4719 [e-mail moroskat@uvic ca).
Scaly Justice, the Farris dragon boat team , had a great weekend of races at the Alcan Dragon Boat Festival in June, including hosting a visiting cancer survivor team, the Orange Roughies, from Huntington Beach, California.
Money Talks
Listen to some of these featured Member Services savings
Canadian Bar Insurance Association
Personal Term Life Insurance: Ava i lable for family, partnerships and mortgage needs of lawyers, the i r employees and their spouses. Average savings over non-CBIA plans is 15-25 per cent.
Personal & Business Disability Expense Insurance: CBIA members save up to 50 per cent on insurance that protects against lost i ncome due to accident or i llness, and up to 35 per cent on i nsurance covering office overhead expenses
ProGroup Sales & Leasing
This CBABC Preferred Supplier offers CBA members, their families and law firm staff the opportunity to purchase a wide range of vehicles at substantial discounts. Through CBA memberships, the following people saved an average $1,065 on their purchases.
Anne bought a 2004 VW Golf GLS TDI for $26,185 plus taxes only, while the manufacturer's suggested retail price (MSRP) was $27,655 plus taxes, freight and pre - delivery inspection (pdi) . Her savings were a minimum of $1,470.
David bought a 2004 Acura EL Premium and paid $24,911 plus taxes only; the MSRP was $26,100 plus taxes, freight and pdi. David saved a minimum of$1,189.
Jeffrey purchased a 2004 Toyota Sienna LE AWD, for $39,560 plus taxes only. The access price was $40,437 plus taxes. Jeffrey saved about $877.
Ian also chose a 2004 Toyota Sienna LE, and paid $35,693 (no AWD) plus taxes only. The access price was $36,419 plus taxes. Ian saved about $726
Most customers pick up their vehicles from ProGroup 1s Richmond office, but the company ships vehicles too- average shipping price is less than $300 .
Until September 26 save $7 on every Playland all access unlimited ride adult pass. Call the CBABC to order your passes.
Whitecaps Soccer
Attend professional soccer games at Swangard Stadium this summer and save 45 per cent off the regular ticket price. Please mention this CBA offer when you purchase your tickets
To purchase tickets, call Oliver Corona at 604-669-9283, ext 225 or download and complete the order form from www.bccba.org and fax it to 604684-5173 .
Whistler Blackcomb
Before you hit the ski slopes this winter, why not hit the b i ke slopes and sightseeing tours? The CBABC has expanded its service to members by prov i ding discounts of 30 per cent for all of the Whistler Summer programs (save $14 per adult ticket). Down l oad and complete the order form from www.bccba.org and fax it to 1-800-932-1844.
Cahilty Lodge at Sun Peaks
Nancy Greene's full service Cahilty Lodge is located s l ope-side in Sun Peaks' award winning village. The Resort is adjacent to the Sun Peaks Sport Centre with its outdoor heated swimming pool and tennis courts, which convert to skating rinks in the winter. Call the CBABC to book your accommodations.
CBA members will receive a 10 per cent discount (a savings of up to $30 per night) in the 2004/2005 winter season. Until November 15, 2004, CBA members may stay two nights for the price of one [savings of $139-$179] in any deluxe suite
CBABC Women Lawyers Forum Announces Fall
Educational
Program
Detailed information will be available in September, but organizers say interested parties are advised to pencil in these dates as the Forum programs to date have been very successful and well-attended The following are full day courses: September 17, Friday, "Resiliency as a Success Behavior" Victoria, $95 October 16, Saturday, "Career Strategies for Women Lawyers" New Westminster, $95 November 18, Thursday, "Career Strategies for Women Lawyers" Vancouver, $95
Lawyers Assistance Program
ee LAP provides confidential support, counselling and referrals
IIfor lawyers, their families, support staff, judges and students suffering from alcohol and/or chemical dependency, stress, LAPBC depression or just about any type of personal problem.
For assistance or information on meetings and resources please call 604-685-2171 or toll free 1-888-685-2171 The LAP office address is 415-1080 Mainland Street, Vancouver, B.C. V6B 2T4. Visit LAP online at www lapbc.com.
CROWNCOUNSEL Continued from page 26
Attorney General on behalf of government m the Legislature.
Prosecutors put their faith in this settlement process and in the Attorney General's ability to act objectively and fairly in considering the panel's recommendations but their faith and morale have been shattered by the Attorney General's response rejecting the Taylor Report. Crown Counsel assert that the Attorney General's response is not a "reasoned response" as it does not adhere to the specified context of the settlement process. The Attorney General treated the panel's report as simply a submission to him which he was free to accept or reject.
The Attorney General rejected comparisons with other prosecutors in comparable jurisdictions maintaining that prosecutors' compensation should be determined by comparing it with that of "other members of the B .C. Public Service." With respect, this does not make sense. The government has made national comparisons when dealing with doctors, nurses, teachers, university presidents, deputy minis-
OBA Trip to South Africa: Itinerary Now Online
The itinerary for the next Ontario Bar Association Foreign Conference Tour planned for South Africa in 2005 is now available at www oba.org. The South Africa trip will include stop s in Cape Town, the Cape of Good Hope, Wine land, the Garden route, Durban , the Lost City, Johannesburg, and Pretoria.
ters and health care support workers Why should prosecutors be treated any differently? The answer is clear: because we were below comparable entities in comparable jurisdictions the comparison wouldn't support the desired result and therefore that oftrelied-upon comparison was uniquely inappropriate for us.
The Taylor Report is a moderate, temperate report that fell well within the expectations of both the BCCCA and the government We call upon the government to implement the Taylor Report and properly resource the Crown Counsel office. It is the right thing to do. Prosecutors have consistently sought an independent process and have a l ways agreed to be bound by such a pro cess in advance regardless of the result. Why will the government not do the same as they have when dealing with other sectors? Surely, the government should have no difficulty in accepting the judgement of reasonable and respected citizens such as Messrs Owen, QC, Munroe, QC and Taylor, QC. The alternative is simply unacceptable. BT
Battle of the Bar Bands Rocked the Commodore
The much-anticipated Battle of the Bar Bands III was a resounding success on June 11. A sell-out crowd with more than 900 partiers in attendance rocked the Commodore Ballroom until morning.
The event was also a financial success, thanks to many generous sponsors, band members from firms, six Supreme Court Judges who again participated, CBC's Rick Cluff and the wonderfu l staff at the Commodore. This annual fundraiser allows the CBA Lawyers Benevolent Society to provide financial assistance to lawyers and their families in times of great need arising out of illness, disability or death. The Society is the only one of its kind in Canada.
The Event Committee, Derek Brindle, QC, Roger Holland, Thomas Woods, Z.S.A.'s Stephanie Hacksell, and J. Homenchuk thank the CBA and all those who participated in making this memorable event so successful. For details on next year's event, please contact Derek Brindle, QC or Roger Holland.
BRfTISH COLUMBIA COURTHOUSE LIBRARY SOCIETY
• The ContinuingLegalEducation Society of British Columbia
Head back to school without Leaving your office
Join more than 600 lawyers, legal assistants, and paralegals across B.C. who have already taken CLE courses from the comfort of their offices. Log on to www.cle.bc.ca, enter your password, and you're ready to go. Ask questions online while discussing content with your colleagues. Or, the "Anyt ime Online" service lets you select an archived course, or even a specific speaker's address. Choose your modules, and the PowerPoint presentation and course materials are available to view. Each module lasts 30-60 minutes; you can quickly scan to find relevant information.
Stop wasting time searching
We're putting practice manuals online, with links to full-text cases and legislation. Use free-text queries, Boolean searches, and searches by practice area. No need to hunt for forms and precedents; they can be downloaded to your desktop
Coming in August:
• B.C Real Estate Practice Manual
• B.C Family Practice Manual
• Family Law Sourcebook for British Columbia
• B.C. Company Law Practice Manual
• B.C Motor Vehicle Accident Claims Practice Manual
• B.C. Probate and Estate Admin istration Practice Manual
Course materials from 2001 onward will also soon be online. For more information, see the CLE fall calendar or visit www.cle.bc.ca.
The B.C. Courthouse Library Society (BCCLS) is pleased to announce the purchase of an electronic subscription to QP LegalEze, now available on courthouse library computers throughout B.C. QP LegalEze is a subscription service offered by the Queen's Printer that provides access to current online provincial statutes and regulations. The statutes and regulations are updated frequently and are complete with graphics, tables and forms. QP LegalEze also includes Corporate Registry notices, which are no longer published in the Gazette. O th er items available through QP LegalEze include older consolidations of statutes (1996- ), Gazette I (2003- ), Gazette II (2001- ), and Orders in Council (2002- ). Please contact the Vancouver Courthouse Library at 1-800-665-2570 for more information, or visit any BCCLS library with a computer to access this electronic subscription.
Grants
Approved
The Board of Governors of
Continuing Programs
$2,190,200 B.C. COURTHOUSE LIBRARY SOCIETY (Operating Grant)
$486,800 B.C. PUBLIC INTEREST ADVOCACY CENTRE (Operating Grant) the Law Foundation of B.C. met on June 26, 2004. $247,100 CANADIAN BAR ASSOCIATION, B.C. BRANCH Funding totaling (Dial - A-Law, Lawyer Referral and Law Week)
$3,970,325 was approved
$90,000 ABBOTSFORD COMMUNITY SERVICES SOCIETY for the following 19 AND PROGRESSIVE INTERCULTURAL COMMUNITY SERVICES SOCIETY continuing programs : (Legal Advocacy Program)
$90,000 B C COALITION TO ELIMINATE ABUSE OF SENIORS (Legal Advocacy Program)
$81,102 CRANBROOK WOMEN 'S RESOURCE SOCIETY
(Travelling Poverty Law Advocate Program)
THE@LAW
$75,000 KI-LOW-NA FRIENDSHIP SOCIETY FOUNDATION (Legal Advocacy Services for Aboriginal People OF BRITISH COLUMBIA Living Off-Reserve)
$73,700 MOSAIC (Paralegal Advocacy Program)
$73,600 KOOTENAY REGION METIS ASSOCIATION (Aboriginal Family Law Program for East and West Kootenay Regions)
$71,100 SUPER PAGES (Advertisement of Public Legal Services)
$70,000 KETTLE FRIENDSHIP SOCIETY (Mental Health Legal Advocacy Program)
$66,103 JUSTICE FOR GIRLS OUTREACH SOCIETY (Street Level Outreach Legal Advocacy Program)
$59,500 TOGETHER AGAINST POVERTY SOCIETY (Legal Advocacy Program)
$58,960 PORT ALBERNI FRIENDSHIP CENTRE (Legal Advocacy for Persons with Disabilities and Mental Health Issues)
$57,160 ACTIVE SUPPORT AGAINST POVERTY (Advocacy Services)
$55,000 LEGAL SERVICES SOCIETY (PovNet Operating Grant)
$45,000 MPA COURT SERVICES PROGRAM
$40,000 CONTACT WOMEN'S GROUP SOCIETY (Legal Advocacy Program)
Funding totaling $199,164 was approved for the following five new Aboriginal Women and Children's Justice Issues project grants:
Funding totaling $465,000 was approved for the following 11 new project grants:
$40,000 SOUTH FRASER WOMEN'S SERVICES SOCIETY (Legal Advocacy Program)
New Aboriginal Women and Children's Justice Issues project grants:
$60,000 CARRIER SEKANI FAMILY SERVICES (Family Dispute Resolution Training Project)
$59,464 OKANAGAN NATION TRANSITION HOUSE (Legal Advocacy Project)
$50,000 STO:LO NATION (Family Justice Program)
$15,000 TSAWATAINEUK FIRST NATION (Legal Information Workshops Project)
$14,700 HEILTSUK TRIBAL COUNCIL (Heiltsuk Youth Justice Project)
New Project Grants
$70,000 LAW COURTS EDUCATION SOCIETY ON BEHALF OF THE COURT SELF-HELP CENTRE COMMITTEE (Self-Help Centre for Self-Represented Litigants)
$65,000 MOSAIC (Licensing of Foreign Trained Professionals)
$60,000 ENVIRONMENTAL LAW CENTRE AT UVIC (Advocacy for a Sustainable Environment)
$60,000 MULTIPLE SCLEROSIS SOCIETY OF CANADA (Volunteer Legal Advocacy Program)
$50,000 PIVOT LEGAL SOCIETY (Alternatives to Criminal Regulation of the Sex Trade)
$50,000 SCOW INSTITUTE FOR COMMUNICATING INFORMATION ON ABORIGINAL ISSUES (Aboriginal Legal Issues)
$27,000 PRO BONO LAW OF B.C. SOCIETY (Volunteer Legal Advocacy Guide)
$25,000 UNIVERSITY OF VICTORIA, FACULTY OF LAW (Jessup Moot Competition- Victoria)
$20,000 CANADIAN SUPERIOR COURTS JUDGES ASSOC (You Be the Judge- School Education Project)
$20,000 LA BOUSSOLE (Legal Advocacy Project)
$18,000 PEOPLE'S LAW SCHOOL (Community Newspaper Articles)
CLASSIFIED ADS AUGUST 2004
SEEKING
SOLICITOR REQUIRED by established law firm in th e beautiful Comox Valley. Minimum 3 years call. Early partnership available. Send resumes to P.O. Box 3549, Courtenay, British Columbi a, V9N 6Z8, Attn : D.W. Olstead
Solicitor in well established p r actice (South Island) wish es to retire and sell - seeks successor. Real estate, mortgages, corpo r ate, wills, estates. Re ply to cba@bccba org Attn "Box 106"
SERVICES
Personal injury litigation, like the truth, is r a rely pure and never simple. An orthopaedic document rev iew can simplify and may even purify. E-mai l replies to ponsford@telus.net
RELEASE YOUR CREATIVITY & ENERGY. Workshops and teleconferences. More info at CherylSte phens com or call 604-739-0443.
LAWYER REQUIRED
SPACE AVAILABLE
Vancouver-Shared office space a vailable. Con venient South Granville location. Furnished office Basic rent approx $1200 per month incl u des one parking space Collegial office environment. Available immediately Contact Bruce Preston at 604-736-6717 ext. 303
VACATION PROPERTY
WA ILEA, MAUl RENTAL on Blue course, panoramic Pacific views. Call 303-376-4466
}USI1CE INsrrrurE's ExECUTIVE I'ROGRAM and Managing with Influence: Overcoming Resistance, Building Relationships That Work September 22-23, 2004 Registration: 604-528-5590 www.jibc.bc.ca/ccr
Davidson & Company is a well-respected, mid-size law firm, located in the Okanagan Valley. We provide a wide range of legal servi ces. At this time, we are seeking an approximately 2-5 year call to join our expanding team. If you are looking for an active lifestyle while maintaining a challenging and rewarding career, please contact us in confidence at:
Davidson & Company
Attention: Robert E. Ross 4th floor - 3205 32nd Street Vernon, B.C. VlT 2M4 E-mail : robertr@davidsonlaw com
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Please direct advertising inquiries to: Sandra Webb, BarTalk Editor Tel: 604-646-7856 Toll free: 1-888-687-3404, ext. 318 E-mail: cba@bccba.org
Practice Restricted To WCB
Claims and appeals
Vice Chair at Review Board for 6 years • More than 25 years personal injury litigation
By Mike Mangan, B.A., LL.B.
With sixty pages of new information, updated case law and using plain language with helpful examples, The Condominium Manual, 2nd Edition is the definitive Strata Property Act handbook for legal professionals.
$39.95 plus shipping and GST. Discounts available for bulk purchases.
To order, contact the British Columbia Real Estate Association 604-683-7702 or email condo@bcrea.bc.ca
