CBA launches a test case to help resolve legal aid crisis in Canada
The CBA is living up to its commitment to access to justice by launching a test case to expand the constitutional right of all Canadians to adequate legal representation.
The test case litigation was approved for funding by the CBA's Council while meeting in Winnipeg last August, and is based on governments ' failure to provide equal access to justice in Canada.
"This is a matter of principle that we have been defending for years," Simon Potter of Montreal told Council. Daphne Dumont, national chair of the Legal Aid Liaison Committee, agrees. "It reflects the absolute importance to our members of continuing what is in effect the only initiative in Canada to do something practical about the shortfall in legal aid funding," she said.
According to the Council's resolution, the CBA National will fund nearly two-thirds of the cost of the Legal Aid Test Case, with the balance of funding being provided by the CBA provincial branches. All 13 branches have given their approval.
A CONSTITUTIONAL RIGHT
The CBA's Legal Aid Liaison and Test Case Advisory Committees are actively seeking proposals from counsel interested in pursuing the case, and to date have received several expressions of interest. Under the guidance of the committees, legal teams are being formed in order to flesh out proposals on the case. Once the proposals are finalized, the committees will report to the Executive who will
announce the venue and successful counsel. This is expected to occur early in the new year.
The litigation is expected to span at least three years as it makes its way to the Supreme Court of Canada. It is expected to attract interventions from some provinces, and possibly from the federal government, which partially funds civil legal aid through transfer payments for social spending.
The CBA wants to ensure that the Constitution is interpreted in such a way that Canadians in need can access publicly funded legal services when critical legal interests are at stake.
"Policymakers do not currently have a clear constitutional obligation to ensure that Canadians have access to our system of justice to enforce their legal rights," says Daphne Dumont. "We've built a strong case that the Charter of Rights and Freedoms can be made to expand the right of all Canadians to the legal representation they need."
A LONG-STANDING INITIATIVE
While legal aid has long been a priority of the CBA, the test case represents the culmination of lobbying efforts begun in 1993, when the CBA enshrined the principles of sufficient legal aid funding for both civil and criminal legal aid in its Charter for the Provision of Legal Services. Criminal legal aid cost-sharing has been re-negotiated by the governments, but civil legal aid funding has been largely ignored. The test case will speak to the importance of funding for civil legal aid. BT
Holiday Trimmings
Tying You in Knots?
Handle the holidays with these tips from Int erlo ck:
• Avoid getting caught up in seasonal " hype "
• Si mplify, simplify- in gifts, entertaining , home decorating and cooking
• Reflect on your traditions Keep those that work and adapt those that don't.
• Keep expectations realistic . Most famili es do n ot reflect perfection!
• Make time for wha t brings meaning t o th e season for you -whether it's music , beautiful ligh ts, a walk in the park, or time with friends & family
This publication is intended for information purposes only and the information herein should not be applied to spec ific fact circumstances without the advice of counsel.
The Canadian Bar Association, British Columbia Branch represents more than 10,000 members within Britisn Columbia and is dedicated to improving and promoting access to justice, to reviewing legislation, initiating law reform measures and advancing and improving the administration of justice
BarTalk Publication Sales Agreement #40741008 The Canadian Bar Association ""'""""...;....o.....:::::IIO,.., British Columbia
CAROLINE NEVIN LETTERS TO THE EDITOR
THE "JUST UNDER THE WIRE PRIZE"
I read with some chuckles Tony Wilson's recent article (Vol. 16, No 5). It reminded me of my experience getting into law school.
Send your LETTERS TO THE EDITOR to : Caroline Nevin, BarTalk Sen ior Editor Canadian Bar Association, B C Branch Fax: 604-669-9601
Toll-free fax: 1-877-669-9601
E-mail: cnevin@bccba.org
It was 1985. I had finished my third year of a BA program in Philosophy at UBC and was hoping to get into law school. I applied to six schools, five of which had the sense to reject me. UVic placed me on a waiting list and advised me that if I did not receive a call by August 25th (or thereabouts) to try again next year. Well, August 25th came and went and I did not receive a call. A day or so later, I happened to be golfing with my brother-in-law, John Dives, and his partner, Dan Webster, and, when I related my tale of woe, they both instructed me to call Gary Charlton and tell him that it was my dream to attend UVic's law school. I promptly did so and Gary advised me that there was still a shred of hope . Several days later, it was 4:30 p.m. and I w a s watching a re-run of Dallas. I was scheduled to register at UBC for fourth year the next day. I had resigned myself to the fact that I was going to have to take those boring core Philosophy courses that I did not want to take. In fact, I only needed 3 1/2 courses to complete my BA. It was going to be a waste of a year of my life! The phone rang. It was Gary Charlton. He offered me a spot I left for UVic an hour later.
I met my wife at law school. She was from Victoria. I began practising in Vancouver in 1989 but she convinced me to move back to Victoria and in 1991, I did. My wife and I were married in 1994. We have two great kids. I hav e my own practice which is affiliated with Jim McNeney's office in Vancouver. I have been very lucky
On a fairly regular basis, I thank my lucky stars for the advice that I received from John and Dan, and for Gary Charlton's choice to call me. Tony's article reminded me once again that such small twists and turns in fate can, in hindsight , literally change one's life
-Philip Williams
Have you moved? Let us know!
If you have changed firms, changed addresses, changed e-mail addresses or phone/fax numbers, you need to let us know. E-mail us at data@bccba.org, phone 604-687 - 3404 or fax 604-669-9601 or contact us by toll-free phone 1-888-687-3404 or fax 1-877-669-9601.
FROM THE PRESIDENT MICHAEL C WOODWARD
Lawyers Helping Lawyers
A small vignette
During my se cond year of practice, I was conducting the first Supreme Court trial I had done on my own, the defence of a wrongful dismissal suit against a film society Just after the morning break one day, while Plaintiff's counsel was conducting his case, he called the executive director of the society to the stand and began questioning her. Although I suspect an application to cross-examme would readily have been granted, no such application was made.
M
ichael C. Woodward
President 2004/2005
B.C. Branch
Canadian
Bar Assoc iation
As sometimes happens in these matters, I was learning many new things about my case, and badly wanted to speak with my client during the luncheon recess But I had heard of the "hands off'' rule for witnesses in cross-examination, and was quite unsure whether it applied here.
I asked the client to stand by, and raced to the barristers' lounge thinking I
could find one of the senior lawyers from the firm in which I pra c tised -no luck. I called the office- no luck. I had the idea to check the Law Courts Inn, and raced up
helped calm me considerably, he had me tell my story, thought about it a moment, and said "Of course you can talk to this witness. In fact, I think you have an obligation to do that, and if you get any flack (I seem to recall a stronger word being used) from the trial judge over it, you tell her your lawyer is in a trial up in courtroom 73, and will be down to deal with it as soon as he has a break in his " own case.
While the grace and the force-
fulness of the moment were uniquely "David Gibbons, QC," the years since then have taught me that there are a dozen similar stories in this profession, each and every day . This automatic, uncalculated giving of help to a colleague in need is, at bottom, a key part of the wealth of this profes -
This automatic, uncalculated giving of there, by now out of breath, nearly panic stricken. Just inside the door was David Gibbons, whose reputation I knew. He had a foot - high stack of briefs on his table and was obviously deep in trial, but appeared the picture of leisure. "Mr. Gibbons," I panted, "I need some help."
He immediately said, "It's Dave, and we'll get you all the help you need, but first, sit down, tell me your name, and let 's get you a glass of water while you get your breath back." After this, which
help to a colleague in need is, at bottom, a key part of the wealth of this profession. I think of it as the "Big Dave Trust."
sion. I think of it as the "Big Dave Trust " We are, each and eve ry one of us, both beneficiaries and trustees at the same time. BT
FRANK KRAEMER EXECUTIVE DIRECTOR
News From the Branch
SECTIONS
Recently, the Law Society of B.C. instituted a requirement that all members annually report their professional development activities. I am pleased to report that the Law Society of B.C. has confirmed that attendance at Section meetings may be reported as part of the professional development activities requirement. Review of Section minutes and materials, where that review does not relate to a specific case or file, may be included in the self-study activities report. Section participation continues to be a cost-
Frank Kraemer
Executive Director B.C Branch
Canadian Bar Association
effective means of achieving the professional development and self-study expectations of the Law Society.
The CBABC has made a policy decision that in order to participate in Sections, lawyers and students must be CBA members. There will be a brief grace period from January I to June 30, 2005 for members who enrolled in Sections prior to November 17, 2004. Receipt of meeting notices and minutes and attendance at Section meetings will continue to be available to them; however, access to Section materials on our website, including archived materials, will only be available to members effective January I, 2005.
DIRECTORY
I am pleased to report that the CBABC has received its first deliveries of the 2005 CBABC Lawyers Directory. Based on comments we received from our members and their staff, we produced the Directory this year in three formats: coil bound; loose-leaf; and Web-based. If you have not ordered your Directory, you may do so at www.bccba.org.
I know that some members have been concerned about the continued availability of the Directory. I am pleased to report that we have taken the necessary steps to ensure we can continue publishing the B.C.
Lawyers Directory in full in future years.
FINANCIAL CHALLENGES
As you might expect, with a move to vo luntary membership in the CBA after 55 years of universal membership, there is considerable uncertainty as to the CBABC's future membership revenue. In antic ipation of the possible loss of universal membership, Provincial Council passed two budgets at its meeting in June 2004 (prior to the Law Society referendum result).
One of those budgets was intended to cover the reality within which we now operate. That budget necessitated some cuts for the CBABC; however, I want to assure you that in making cuts, great care was taken to ensure that programs and services to members were affected as little as possible.
One area I want to mention where cuts were made was in Branch operations. To reduce personnel costs, all staff members experienced a six per cent salary reduction an d the Branch was closed on November 12 , with all staff on leave without pay.
As you might expect, the Branch is currently in the process of developing strategies beyond January 1, 2005 when some lawyers in B.C. will be CBA members, and some will not One of the measures we will take is to ensure value for CBA membership by instituting, where appropriate, differential pricing for goods and services provided by the Branch. CBABC members will be given, wherever possible, preferential rates over those lawyers who choose not to be members.
It is a brave new world within which we now operate; howev e r, I am confident that the Branch will move fo r ward ever stronger. We ask for your support and participation in helping shape the "New CBA" in B.C. BT
Leqal Col1fel-el1ce 20Qb
The 2005 Canadian Legal Conference is coming to Vancouver
Vancouver will host the annual Canadian Legal Conference on August 14 to 16, 2005. There are a number of ways in which you and your firm or legal organization may wish to participate. These include volunteering m the organization of the Conference, sponsorship, the Receptions Night, and At-Home Dinners. Vancouver is one of the most popular venues for the CBA Annual Canadian Legal Conference. Previous meetings in Vancouver in 1989 and 1996 were very successful. The annual Canadian Legal Conference continues to be an important opportunity to receive invalu ab le continuing legal education, to hear highly acclaimed speakers and leading law yers on various current topics of interest, and to meet lawyers from across Canada and other jurisdictions With approximately 1,200 distinguished legal professionals and guests expected, this is the single largest event of its kind within the Canadian legal profession. The Conference will address key issues that affect the practice of law and law reform
If you have any questions regarding the Canadian Legal Conference and how you can participate, please contact the organizing committee co-chairs: Carman J. Overholt, QC (604 - 622-5165)
One of the most popular aspects of the annual Canadian Legal Conference is the AtHome Dinners where local members of the Bar have an opportunity to host dinners for the guests visiting Vancouver for the Annual Legal Conference. These dinners will be held on Saturday, August 13. Please contact our AtHome Dinners Chair Barbara Sage with any questions you may have at 604-244-9433 [barb .sage@shaw.ca )
Sponsorship
There are exciting opportunities for law firms, legal organizations, government and businesses to be sponsors of this event.
This high-profile gathering generates significant media coverage and is considered an annual focal point for the Canadian legal profession. Law firm and corporate sponsorship has always been an important mainstay of being able to present a leading edge Conference. There are tiers of sponsorship available that will profile the sponsor, its activities , services, and reputation. Please call our Fundraising Chair Kerry-Lynne D. Findlay, QC with any questions you may have at 604-609-3066 [kfindlay@wgmlaw.com).
Receptions Night
On Monday, August 15, 2005 law firms, legal organizations and other groups will host receptions at various venues in the Vancouver area where there will be an opportunity to meet the guests who will be attending the meetings from across Canada and from other jurisdictions. As in the past, we expect that some of the many popular Vancouver landmarks and locations will be utilized for these receptions . Please contact our Receptions Night Chair Ming Song with any questions you may have at 604-899-0224 (mingsong@novuscom.net).
Volunteers
A meeting of this scale would not be possible without the involvement of volunteers. Participation in this event is a great opportunity to meet other members of the bar and to participate in what will be a very memorable event. A ll volunteers will be offered a complimentary pass to attend the conference on any day of their choice. We hope that you will consider participating in the organization of the meeting. Please call our Volunteer Chair Miranda Lam with any questions you may have at 604687 - 9444 (mlam @davis.ca).
Whistler Blackcomb
CBABC Member Services still has a limited qua ntity of adult tickets for sale for $56 (plus tax). See the Preferred Suppliers in s ert or www.bccba.org for details and order form
Playhouse Theatre Company
Come and enjoy this season's award-winning plays at Vancouver's Playhouse Theatre. CBA members save to 20 per cent on all shows at this new CBABC member service provider. To reap these savings simply identify yourself as a CBA member when calling the Playhouse Audience Services at 604-873-3311.
Show dates are: "Humble Boy" (January 29 - February 19); "Copenhagen" (February 25- March 19); and "Trying" (April 9- April 30).
Weekend Evening
Midweek Matinee Evening
Preview Evening
$32
$38
Hope is not yet lost for this season's Vancouver
Canucks' bid to reach the Stanley Cup. The CBABC has secured premium tickets to remaining games that may occur early in 2005. Stay tuned for further information ori how you can get your Canucks tickets at CBABC reduced rates. ·
2004 RESP Contribution Deadline Is December 31
With the rising cost of education, you need to start saving now. Helping parents save since 1960, the Canadian Scholars h ip Trust Plan, a CBABC Preferred Suppl ier, has helped more parents save for their children's h igher educat ion than any other RESP
With the Canada Education Savings Grant, you can rece ive up to $400 extra on top of your RESP contributions each year, for each child, to a maximum of $7,200 over the life of the plan.
To start your child's RESP, call Alana Pattee, Sales Representative C.S.T. Consu ltants Inc 604-9362161 (alanapattee@shaw.ca).
Christmas Wish List
BARRISTERS BAG: Handmade and personalized to your specifications (CBA price : $199)
BLACKBERRY OR CELL PHONE AND PLAN: Rogers AT & T offers CBA members special savings (see related insert)
MOZART'S OPERA "COSI FAN TUTTE"
TICKETS: CBA members save up to 30 per cent at the Vancouver Opera
MISS SAIGON TICKETS: CBA members s ave 20 per cent on regular tickets to Arts Club and Stan ley Theatre productions
MOUNT WASHINGTON LIFT TICKETS: CBA members save up to 23 per cent off ticket prices. (CBA price for adult tickets : $42)
WHISTLER BLACKCOMB LIFT TICKETS: CBA members receive up to 20 per cent savings off ticket prices.
SECTION TALK SH ELLE Y BEN TL EY
The CBABC sponsors 73 Sections w hi ch play a vital role in keeping m embers informed both on changes in t he l aw, and legal and polit ical iss u es affec ti ng a give n ar ea of prac t ice. They are the mai n resou r ce ut i lized by the CBABC in l egis l at ive r ev iew , law reform in itiatives and in respond i ng to matte rs aff ec ti ng th e pro f essio n Wha t follows is a sample of the r ecent ac ti vities of some Sec t ions.
ADR-VICTORIA
Can religion-based arbitration tribunals be imp lemented in B.C. under the current legislation? What problems do families face when one or both parents are members of ethn ic communities whose values are rooted in Is lamic rather than Christian trad i tions? The role of religion in conflicts and conflicts resolution, "sharia law" and the impact of September 11, 2001 on Islamic communities in Canada were the focus of a
She lley Bent l ey practises wills and estates law at Ke r r Redekop Leinburd & Bo swel l in Vancouve r
work by reviewing emerging patterns in the current law, the various theories of spousal support, as wel l as various models of guidelines that are in effect or proposed in the U.S. The background paper to the first stage of this project is availab le onl i ne (www . canada. j ustice.gc.ca/en/dept/pu b/ spousal)
REAL PROPERTY-OKANAGAN
Many of us have come across land trusts during our vacation travels recent ADR Section meeting. Victoria lawyers Catherine Morris, Nurdin Kassam, Mary Clare Legun and Mehmoona Moosa-Mitha, a UVic School of Social Work Professor, led a panel discussion.
ADR-NANAIMO
Nanaimo lawyers Peter Giovando, Rod McNeil, Harold Saunders and Morley McKeachie led a discussion of how personal injury mediation and particularly ICBC personal injury mediations are conducted. They shared valuable insights into the techniques and styles that need to be employed in dealing with this unique form of mediation
FAMILY LAW
The national Family Law Section recently updated members on the progress of the advisory spousal support guidelines project. This project has been sponsored by the Department of Justice since its inception in September 2001 in response to growing concerns expressed by lawyers and judges that the current Canadian law of spousa l support is excessively discretionary, uncertain and unpredictable. The project has a five- to six-year time frame and seeks to develop support guidelines that could be used on an advisory basis only within the current legislative frame-
in B.C. but know little else about these. Sheila Harrington and Bill Turner, from the Land Trust Alliance of B.C., explained how land trust organizations work with private landowners and professionals to protect, in perpetuity, natural or cultural values such as grasslands, forests, riparian areas around creeks or wetlands, corridors for larger wildlife, habitats for endangered or threatened species, community trails, and heritage buildings. Over the last 10 years 30 conservation land trusts have formed and are now holding perpetual title to over 180,000 hectares of significant land in B.C. Covenants can now restrict land use to protect existing natural features without requiring full purchase of the land. In 1994 section 219 of the Land Title Act was changed so that approved nongovernment organizations could hold preservation or "conservation covenants." The covenants can be either negative or positive and do not have to benefit nearby land. They can apply to all or a small part of the parcel ofland. The owner can also receive a charitable receipt for any changes to the value of the land covenanted. In the last few years the ecological gift designation has increased those tax benefits.
Ms . Harrington and Mr. Turner commented that in the past when governments held covenants the requirements were often ignored . Now that con-
servation organizations hold them, requirements are not only monitored and enforced but the Finance Department of the federal government is now, because of the tax benefits, imposing fines if the covenants are not observed.
SENIOR LAWYERS
Ms. Eades Telford, author of Making the Right Move: Housing Options for Seniors and numerous other books on gerontology and aging, discussed issues that seniors face and that we face as our relatives age and look to us for help.
WILLS AND TRUSTS-OKANAGAN
Several recent bills, among them Bill 62, the Attorney General Statutes Amendment Act, 2004 (passed 3rd reading) and Bill 63, the Charitable Purposes Preservation Act (passed first reading), were noted. Bill 62 amends the Estate Administration Act by raising the value of small estates from $10,000 to $25,000 for which it is not necessary for a person to be appointed administrator by court order. Bill 63, if passed, would supplement the law of trusts as it relates to charitable giving by expressly recognizing discrete purpose gifts and setting out the obligations such gifts impose on a recipient charity. The Bill pro-
vides protection for the charitable purpose behind the gifts without purporting to affect the Ia w of trusts as it relates to those gifts generally or any other gifts, charitable or otherwise.
David Bilinsky, Practice Standards Advisor at the Law Society of B.C. addressed the latest practice issues facing wills and estate practitioners: What is the latest client research saying about how successful lawyers build their practice? What techniques work in building a wills and estates practice? How can technology help you? Mr. Bilinsky commented that the effect of the information revolution has been that clients no longer believe a professional is smarter than they are and they wish to be treated with personal parity. The only competitive edge left for professionals is forging unique personal bonds with clients. Lawyers need to learn how to build trust early and build it deeply with clients. Several benefits flow from a strong trusting relationship: clients expect to form a team with their legal advisor, and they expect their legal advisor will communicate often, increasing their satisfaction with the services rendered. Clients have little price resistance when a legal advisor held on personal parity terms has advanced their interests and their life. BT
Women Lawyers Forum Mentoring Project
The Women Lawyers Forum Mentoring Committee has nearly completed the first year of its successful Mentoring Project and is now accepting applications from both mentors and mentees for the upcoming year. The Mentoring Project facilitates mentoring relationships for women in the legal profession. They are looking for:
• experienced women lawyers who would like to It's never too Late to enrol! mentor;
• women lawyers at any level who would like to be mentored; and
• women lawyers who would like to participate in peer mentoring.
If you are interested, please complete the enrolment form, which can be downloaded from www.bccba.org (it's located in the "Women Lawyers Forum" area).
If you would like more information on the Mentoring Project, please contact Debra M Van Ginkel at dvanginkel@wgmlaw.com or Gal Dor at gal.dor@blakes.com .
If you agree that getting specialized information and staying up to date is important, consider joining one or more of the CBABC"s 73 Sections. As a Section member you will be notified of meetings and receive m inutes (a ll for a nominal cost]. To date, 93 Section meetings have been held since September. The CBABC uses provincial Sections as a resource in legislative review, law reform initiatives, media comment and on matters affecting the profession. An enrolment form is available at www.bccba.org or one can be faxed ore-mailed to you by calling the B.C. Branch office. Enrol today!
DAVID J. BILINSKY
Time Management for Lawyers
Taking control of your life
"Time, time, time is on my side, yes it is "
Words and music by Norman Meade, recorded by the Rolling Stones now and all times in the future. Add to it whenever the mood strikes you. Review it often. This is the list that imparts meaning to your life
We are all born equal, or so we lawyers believe. However idealistic that statement may be, it is true in at least one respect. All of us are allotted the same 24 hours in each day. What we do with those hours determines many things. It is certain l y true that each of us desires to use our time effec -
PERSONAL PLAN
Take your dream list and start to re-order it (this is where doing it in a word processor comes Ill handy). Group your life goals
David J. Bi linsky is the under different headings: Practice Management Advisor at the Law Society of B.C. E-mail: daveb@lsbc.org "Financial Goals," "Family Goals," "Career Goals," "Personal Goals" and the like. The headings
tively and efficiently to do the things that we must do in order to leave time for the things that we wish to do. It is a lso true that there are principles of time management that can be learned and applied in order to reach our preferred life goals Here is an overview of some techniques that allow us to do what we have to do in order to do what we want to do:
DREAM
Yogi Berra said, "If you don't know where you are going, you will wind up somewhere else." Here is an exercise: Take whatever writing instrument that suits you (a word processing program, a pad of lined paper or sheets oflooseleaf) and start making a list of everything that you need or want to do in your lifetime. In particular, do not list work-related items. The idea here is to make a list of all the goals for your life. Run a marathon. Sock away $X for your retirement. Learn to juggle. Pay for your kid's university education. Buy a sports car. Start a charity. Take a cruise Write a book. Whatever is important in your life should find its way onto your list. Now keep this list close to you in your office . This list will be the explicit listing of your stated life's goa ls and desired achievements and it will serve as your reference point
will become apparent to you as you read through your list. This grouping will allow you to p lace different goals in context.
WORK PLAN
Now that you have some experience with the method, start to make a list of everything that you need to do in the office. Again, it helps if this is in a word processor, as you can sort and re-order the list in terms of priority. (You can also use Amicus Attorney, Outlook, Time Matters or one of a number of other software programs that build "To - Do" lists) Here the idea is to end up with a list of all the things you need to do in the office. You will be continually adding to this list and, as such, it is important for you to be ab le to access this list on a continual basis. Start to mentally group the t asks on your list as to whether they can be done in a few minutes, a hour, a few hours or longer (your "work tasks"). Also read through your list and make a note of the most unpleasant task that you must do today.
TAKE CONTROL
Now look at your calendar, look at the appointments that you have today and the available time that you have left. Assuming that you have at least one
uncommitted hour, pick off the most important items from your work tasks and start to make appointments with yourself to accomplish your work. If you use Amicus Attorney or Time Matters or Outlook , you can drag and drop your "To - Do's" right onto your calendar. Here the idea is to specifically commit your time via your appointment calendar to reflect your most important tasks.
FACE THE INEVITABLE
Now, take your most unpleasant task for the day and schedule it as your first appointment with yourself. The idea is to get rid of the
"Now,
take your most unpleasant task for the day and schedule it as your first appointment with yourself. The idea is to get rid of the worst thing that you have to do that day right at the start. If you make this a regular daily habit, you will build a positive, self-reinforcing behaviour pattern that
automatically avoids procrastination and
there are times when you must drop everything and put out fires However, truly those times are r are - in most cases these interruptions are urgent but not important tasks that are crowding out your important but not urgent tasks As such, you must seek to turn off the interruptions during your best work time in order to accomplish your tasks rather than have the interruptions steal time away from you. Put the phone on call -answer, turn off Outlook and close the door. Have your secretary stop people from walking in. Use your best time to do your most important tasks for the day. Once that time is over, then answer worst thing that you have to do that day right at the start . If you make this a regular daily habit , you will build a positive, selfreinforcing behaviour pattern that automatically avoids procrastination and avoidance behaviours. In fact, it is an excellent idea to use the repeating appointment scheduling feature in electronic calendars to make a daily appointment with yourself for 30 minutes each work day, say at 9:15-9:45 am, to "Get the
Worst Over." Seeing that appointment in your calendar will school you to deal with your worst task at that same time each day.
FIT IN THE SMALLER STUFF, TOO
After you have penciled in your most important items for the day and your worst task for the day, start to block off time ·to work on some of your import a nt but smaller (in terms of time demands) tasks The idea is to create a blend of work and tasks that allows you to have some variety in your day
LIFE'S GOALS
Take one of your life 's goals and work it into your daily schedule . Be sure to set some time aside each day to take you toward a life goal.
AVOID INTERRUPT IONS
Interruptions will seek to do one thing - dominate your day . E-mail , phone calls , office drop - ins - all of these take you away from your priorities. Certainly
avoidance behaviours."
e-mail, return phone calls, etc. But take control of your time first!
DELEGATE
Of all the time - saving techniques, learning to delegate is certainly one of the best By delegating tasks we are multi - tasking and allowing others to work w ith us and grow. Mentoring is a quality that is appreciated by younger lawyers and staff alike
Time management is as much a ski ll as it is an art What is important is to explore the different techniques that are available and then select what works for us so that we can truly say that time is on our side. BT
The views expressed here in are str ictly t hose of t he author an d may not be s hared by t he La w Soc iety of B r itis h Columbia .
TONY WILSON
Happy Whatever
Ihave a small prob lem with Christmas cards. You know, the ones offices like mine send out every year to offices like
Tony W ilson is a Franch ise and Intellectual Prope r ty lawyer at Boughton. He's wr itten for the Globe and Mail, the Vancouver
takes place in the summer. They could call it: "Dave Bakes a Salad."
Or that classic Alistair Simms film "A Christmas Carol" could be released renamed Menaces." at Halloween and "The Phantom yours. Not surprisingly, they're more or less the same as the ones offices like yours send each year to me. But even though you call them "Christmas cards" and I call them "Christmas cards," for some reason, the cards rarely say "Merry Christmas," do they? They say "Seasons Greetings," which means absolutely nothing to anyone so it means absolutely nothing offensive to anyone either (Which season? Which greeting?). It's used because of our collective desire to
Or maybe Christmas should just come off the calendar altogether, the way "Spring Break" seems to have taken over the Easter Holidays I grew up with. Call it "Winter Shopping Holiday" or "MasterCard Default Day'' or "Family Squabble Festival." Sun, and Macleans magaz ine. E-mai l : twilson@boughton.ca
be inclusive, non-confrontational, and non-offensive to people who might feel offended, confronted or not included by receiving a Christmas card.
Or they wish the recipient "Happy Holidays" in Cyrillic, Arabic, Hebrew, Chinese, Japanese and, of all things, Klingon; the recipient getting to pick the language of their "Happy Ho lidays" without having to pick what those holidays might be. The Druid festival ofNolagh? Kwanzaa? Hanukkah? Ta Chiu?
You'd think in this age of niche marketing when retailers can pinpoint my buying habits from the beer I drink, lawyers would be able to figure out who'd be thrilled to get a Christmas card and who wouldn't.
Perhaps we should all start sending cards that say, "We'd prefer to wish you a Merry Christmas, but on the off-chance it might upset you, we've settled for 'Seasons Greetings' in six languages so as not to risk losing your business. Please pick a language and a holiday that works for you and have a Happy Whatever!"
But why stop there? Maybe Stuart McLean could re-write "Dave Cooks a Turkey" for the Vinyl Cafe so it's more inclusive for secular vegetarians and
Of course, we're almost there aren't we? Every year around this time, school districts around B.C. gnash their politically correct teeth wondering whether to rename the school Christmas Concert, "Winter Festival." A few years ago, one school did just that, removing all the traditional religious Christmas songs from the repertoire, leaving only songs about Santa, presents and buying one's way to happiness (every religion has its songs, I suppose). The outrage forced the school to eat more than its fair share of crow. The following year, a department store in B.C. directed its entire staff to say "Happy Holidays" at the cash till instead of "Merry Christmas." The store's owners were roasted like chestnuts by the local media and legions of shoppers still won't go back there because of it.
Now don't get me wrong. I'm as cynical about the three wise men as I am about the Coca-Cola Santa, but because I love the songs, Scrooge, and the turkey, I'm going to say Humbug to the doyens of political correctness and send cards that say "Merry Christmas" until they officially decide to rename "A Charlie Brown Christmas" "Charlie Brown's Happy Holidays ." BT
CBA, Working For You
Your online resource
In the October issue of BarTalk I wrote about practice resources that are available online. Here is an introduction to a few more resources that can be found at www.bccba .org m "Practice Resources."
MEMBER DISPUTE RESOLUTION SERVICE
If you have a conflict with another lawyer or staff, and you're looking for outside help to resolve it, try the CBA Member Dispute Resolution Service. Lawyer volunteers will talk to you on a confidential basis to help work out disputes that aren't reportable Law Society matters.
PROFESSIONAL DEVELOPMENT
Patricia Jordan is the CBABC Manager, Interactive Media She welcomes your comme nts, questions and suggestions. Tel: 604-646-7861
E-mail : pjordan@bccba .org
Gain insight into today 's issues through CBA National 's CLE programs and the CLE Society of B.C.'s programs.
STANDARD REAL ESTATE FORMS
The standard form real estate contract of purchase and sale developed by CBABC and the B .C. Real Estate Association is available under "Information Kits & Standard Forms ."
DIAL-A-LAW ONLINE
Dial-A-Law is a public service operated by the Canadian Bar Association, B C. Branch and funded by the Law Foundation of B.C. It consists of a library of scripts prep a red by lawyers to provide practical information on specific areas of law as they apply in B.C . Dial-A-Law is a vailable on the B.C Branch website, and also by phone as recorded scripts .
Here are some qui c k facts about Dial-A - Law:
• Between January and midNovember 2004, more than 73,000 online scripts were downloaded. That's double the number downloaded last year.
• In 2003, 34,885 online scripts were downloaded
• Dial-A-Law is now available in Chinese and Punjabi.
• Dial - A -Law is a free, convenient way for the public to learn about the law and their rights as residents of B.C.
• To access Dial - A - Law by phone, call 604 - 687-4680 or 1- 800-5655297
New in the CBABC Newsroom is information on the CBA MLA Contact Network. The provincial government hears from many interest groups and organizations, each with a vested interest in shaping policy and influencing decision - making The CBA MLA Contact Network provides members with an opportunity to play an important role as the profession's first line of contact with our province's elected officials. The MLA Network pairs members of Provincial Council with each of B.C.'s MLAs at a local, or constituency, level. BT I I
www.cba.org/cba/Practicelink
Practicelink is a CBA website that offers practical tools, information and tips to help with the day-to-day issues of running a law practice. ·
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 citation for th e Act. The bill Number has been given to make it easier for you to note up the Bills you may have in your library.
ACTS IN FORCE
ADMINISTRATIVE TRIBUNALS ACT, S.B.C. 2004, C. 45 !BILL 56)
Summary
Bill 56 repeals and replaces the 2003 Administrative Tribunals Appointment and Administration Act Bill 56 creates a comprehensive set of statutory powers and procedures that are applied by reference through consequential amendments to each tribunal's enabling legislation. Sectio'ns 63 to 66, 70 to 78, 83 to 93 , 104 to 114, 128 to 130, 142 to 155 and 164 to 171, all make consequential amendments to Bill 56
In Force
Sections 63 to 66, 70 to 78, 83 to 93, 104 to 114, 128 to 130, 142 to 155 and 164 to 171 are brought into force October 15, 2004.
See Regulations to Note.
BUSINESS NUMBER ACT, S.B.C. 2003, C. 50 !BILL 36)
Summary
Section 16 repeals the reference in Bill 36 to the City of Vancouver in the list of public bodies permitted to enter into agreements respecting the use by public bodies of the system of
Stuart Rennie is the CBABC Legislation & Law Reform Officer He can be reached at 604-949-1490 or e-mai l srennie@bccba .org.
business numbers established under the Act.
In Force
Section 16 is in force September 10, 2004
See Regulations to Note.
COMMUNITY, ABORIGINAL AND WOMEN'S SERVICES STATUTES AMENDMENT
ACT,2004,S.B.C.2004,C.34 !BILL 36)
Summary
Section 4 amends the Community Charter to permit local governments to use money available in their capital reserve funds for other capital projects instead of going outside to borrow at higher interest rates Section 15 amends the Local Government
Act to permit local governments to impose development cost charges on projects that involve residential developments whose size is smaller than the current limit Section 16 amends the Local Government Act to permit local governments not to impose development cost charges on projects whose value is greater than the current limit Section 21 amends the Vancouver Charter to permit the City of Vancouver to impose development cost levies on residential developments.
In Force
Sections 4, 15, 16 and 21 are in force September 10, 2004.
Section 18 of Bill 13 amends the 2003 Environmental Management Act (Bill 57), including changes to permit regulations to be made regarding monitoring, reporting and samp li ng requirements.
In Force
Section 18 is in force October 22, 2004.
See Regulations to Note.
FINANCE STATUTES
REGULATIONS TO NOTE
fund" in section 1 of the Act are
PRIVATE CAREER TRA INING in force . Sections 109 to 115 AMENDMENT ACT, 2004, INST ITUTIONS ACT, S.B.C. establish the Real Estate S.B.C. 2004, C. 62 !BILL 69) 2003, C. 79 !BILL 52) Compensation Fund. Section 135 "' provides for funding for the spe- Summary Summary
Sections 42 to 44 of Bill 69 Bill 52 repeals the Private Post- cia! compensation fund. amend the Society Act including Secondary Education Act and its In Force amendments requiring societies Supplement and replaces it with Definitions of "compensation to make their annual financial Bill 52 Bill 52 creates the Private fund corporation" and "special statements available to the pub- Career Training Institutions compensation fund" in section 1 lie, permitting societies to charge Agency and a Student Training and sections 109 to 115 and 135 a fee for copies of these financial Completion Fund. in force September 10, 2004. statements and providing a rem-
In Force edy for an applicant who is not Act , except sections 14 (2) and 25 provided with copies of these (2) (g) and repealing the Private
SOCIETY AMENDMENT ACT, financial statements to apply to Post-Secondary Education Act, 2004,S.B.C.2004,C.27 the registrar for an order or to both effective November 22, !BILL 32) apply to court for an order. 2004.
In Force
Summary
Bill 32 makes several amend-
Sections 42 to 44 are in force ments regarding governance of November 1, 2004
PROVINCIAL REVENUE societies and powers of the STATU TES AMENDMENT registrar under the Society Act.
See also Bills to Note and Acts in ACT, !NO.2), 2003, S.B C. Force for Society Amendment Act , 2003 , C. 64 !BILL 42) In Force 2004, S.B.C. 2004, c 27 (Bill 32)
Act in force November 1, 2004. and Regulations to Note for Summary
See also Acts in Force for Finance Society Act.
Sections 1, 2 (b), 3 , 6 and 8 (b) Statutes Amendment Act, 2004, and (c) amend the Motor Fuel
S.B .C. 2004, C. 62 (Bill 69) and Tax Act including a mendments Regulations to Note for Society MISCELLANEOUS STATUTES to fuel-tax and coloured-fuel Act. AMENDMENT ACT, 2004, prOVISIOns.
S.B.C. 2004, C. 23!BILL 18) In Force
Summary
Sections 1, 2 (b), 3, 6 and 8 (b) REGULATIONS TO NOTE
Bill 18 amends 21 statutes and (c) are in force September 15, Section 33 amends the Trinity 2004.
Weste rn University Act to make
See Regulations to Note.
ADMINISTRATIVE
TRIBUNALS ACT, amends B.C. consistent the degrees offered Reg. 425/2004 (effective October under the Act with those offered 14,2004, B.C. Reg. 451/2004) under t he Degree Authorization REAL ES TATE SERVICES Act.
ACT, S.B.C. 2004, C. 42 !BILL BUSINESS NUMBER ACT, In Force 41) amends the Business Number
Section 33 in force September 10, Summary Regulation (B.C. Reg. 388/2003) 2004. Bill 41 repeals and replaces the to replace references to the Real Estate Act. The definitions "Company Act" with references to of "compensation fund corporathe "Business Corporations Act" tion" and "special compensation (effective September 10,2004,
B.C. Reg. 406/2004)
NEW BILLS TO NOTE
Trust Act, S.B.C. 2004, c. 58 (Bill
ENVIRONMENTAL 58) to create the B.C. Rail NATURAL RESOURCES MANAGEMENT ACT, amends Benefits (First Nations) Trust to FORESTRY LAW the Contaminated Sites benefit specified eligible First Forests Statutes Amendment Act Regulation (B.C. Reg. 375/96), Nations and treaty societies. In (No.2), 2004, S.B.C. 2004, c. 63 Permit Fees Regulation (B.C. force by regulation. (Bill 65) including amendments Reg. 299/ 92), Hazardous Waste Northern Development Initiative to the: Forest Act, R.S.B.C. 1996, Regulation (B.C. Reg. 63/88), and Trust Act, S.B.C 2004, c. 69 (Bill c. 157; Forest and Range Practices Waste Discharge Regulation 59), companion statute to the Act, S.B.C. 2002, c. 69; Forestry (B.C. Reg. 320/2004) (all effective B.C. Rail Benefits (First Nations) Revitalization Act, S.B.C 2003, c. October 22, 2004 B.C. Reg. Trust Act, to create the Northern 17; Forests Statutes Amendment 464/2004), creates the Recycling Development Initiative Trust Act, 2004, S.B.C. 2004, c 36; Regulation, repeals the Beverage and to permit the government to Protected Areas Forests Container Stewardship Program pay specified grants. In force by Compensation Act, S B.C. 2002, c. Regulation (B.C. Reg. 406/97) regulation. 51; Special Accounts Appropriation and repeals the Post-Consumer and Control Act, R.S.B.C. 1996, c. Residual Stewardship Program 436; Wildfire Act, S.B.C. 2004, c. Regulation (B.C . Reg. 111197) (all COMMERCIAL & REAL 31. In Force on Royal Assent on effective October 7, 2004, by B.C. ESTATE VANCOUVER ISLAND October 21, 2004. Reg. 449/2004). AND REAL PROPERTY Range Act, S.B.C. 2004, c. 71 (Bill HEALTH CARE !CONSENT) Property Transfer Tax Amendment 57) repeals and replaces the AND CARE FACILITY Act, 2004, S.B.C. 2004, c. 70 (Bill Range Act. In force by regulation. !ADMISSION) ACT, amends the 70) to amend the Property Health Care Consent Regulation Transfer Tax Act, R.S.B.C. 1996, c. (B.C. Reg. 20/ 2000) (effective 378 to change how tax applies to WILLS AND TRUSTS October 1, 2004, B.C. Reg pre-sold strata units. Act in force B.C. Rail Benefits (First Nations) 43112004). retroactively from January 1, Trust Act , see Aboriginal Law 2001.
MOTOR FUEL TAX ACT, Charitable Purposes Preservation amends the Motor Fuel Tax Act, S B.C. 2004, c. 59 (Bill 63), as Regu lation (B .C. Reg . 414/85) FREEDOM OF a result of Brothers Pascal (effective September 15, 2004, INFORMATION/PRIVACY Rowland et al. v. The Christian B.C. Reg. 417/ 2004 ). Freedom of Information and Brothers of Ireland in Canada et al, SOCIETY ACT , amends the Protection of Privacy Amendment 2001 BCCA 527 (leave to appeal Society Act Regulations (B.C. Act, 2004, S.B.C. 2004, c. 64 (Bill to SCC dismissed May 24, 2002) Reg. 4/78) to set the maximum 73), in response to possible the (www.courts.gov.bc.caljdbfees for financial statements application of the USA Patriot txt/ca/ 0 1105/2001 bcca0527.htm), (effective November 1, 2004, B.C. Act to B.C., especially regarding defining "charitable purpose" to Reg 470/2004). provincial government contracts permit a charity donation for a for public services granted to US- specific charitable purpose to be related private sector privacy used exclusively for that purpose
NEW BILLS TO NOTE companies, to create new rules and prevent charity donations limiting personal information from being used to satisfy unredisclosure outside Canada. In lated debts or other liab ilities of ABORIGINAL LAW force on Royal Assent on the charitable organization. In B.C. Rail Benefits (First Nations) October 21, 2004. force by regulation
Northern Development Initiative amendments to the: Class Protected Areas of British Trust Act, see Aboriginal Law Proceedings Act, R.S.B.C. 1996, c. Columbia Act, S.B.C. 2000, c. 17; 50; Crown Proceeding Act, Securities Act, S.B.C. 2004, c. 43;
VARIOUS SECTIONS
R S.B.C. 1996, c. 89; Court Rules Strata Property Act, S.B.C. 1998, c. Act, R.S.B.C. 1996, c. 80; Evidence 43; Vancouver Charter, S.B.C
Attorney General Statutes Act, R.S.B.C. 1996, c. 124; Small 1953, c. 55. In force on Royal Amendment Act, 2004, S.B.C. Claims Act, R.S.B.C. 1996, c. 430. Assent on October 21, 2004, by 2004, c. 57 (Bill 62), including In force on Royal Assent on regulation or on specified dates. amendments to the: October 21, 2004 or by regulation Motor Vehicle Amendment Act, Administrative Tribunals Act, for specified provisions. 2004, S.B.C. 2004, c. 68 (Bill66) S.B.C. 2004, c. 45; Estate Land Title And Survey Authority amending the Motor Vehicle Act. Administration Act, R.S.B.C. 1996, Act, S.B.C. 2004, c. 66 (Bill 68) to In force by regulation. c. 122; Financial Institutions Act, establish the Land Title and R.S.B.C. 1996, c. 141; Forest and Survey Authority of British Safe Streets Act, S.B.C. 2004, c. 75 Range Practices Act, S.B .C. 2002, Columbia in order to operate and (Bill 71) to make it an offence for c. 69; Libel and Slander Act, maintain the land title and sura person to solicit in an aggresR.S.B.C. 1996, c. 263; Motor vey systems of B.C. In force by sive manner or solicit to a captive Vehicle Act, R.S.B.C. 1996, c. 318; regulation except for specified audience. In force by regulation. Offence Act, R.S.B.C. 1996, c. 338. provisions that come into force Social Service Tax Amendment Act In force on Royal Assent on on certain dates. (No. 2), 2004, S.B.C. 2004, c. 76 Oc t ober 21, 2004 or by regulation Miscellaneous Statues Amendment (Bill 76) amends the Social for specified provisions. Service Tax Act to reduce the Expropriation Amendment Act, Act (No. 3), 2004, S.B.C. 2004, c. provincial sales tax from 7.5 per 67 (Bill 74) including amend2004, S.B.C. 2004, c. 61 (Bill 67) ments to the: Community Charter, cent to 7 per cent, including including amendments to the S.B.C. 2003, c. 26; Community reducing the sales tax on legal Expropriation Act, R.S.B.C. 1996, Charter Interim Regulations, services. In force retroactively c. 125. In force on Royal Assent B.C. Reg. 429/2003; Community from October 21, 2004. on October 21, 2004 or by regula- Charter Transitional Provisions, Transportation Statutes tion for specified provisions. Consequential Amendments and Amendment Act, 2004, S.B.C. Finance Statutes Amendment Act, Other Amendments Act, 2003, 2004, c. 72 (Bill 75) including 2004, S.B C. 2004, c. 62 (Bill 69)
S.B.C. 2003, c. 52; Court Rules amendments to the: Freedom of including amendments to the: Act, R.S.B.C. 1996, c. 80; Information and Protection of Business Corporations Act, S.B.C. Environmental Management Act, Privacy Act, R.S.B.C. 1996, c. 165;
2002, c. 57; Financial Institutions S.B.C. 2003, c 53; Gaming Greater Vancouver Transportation Statutes Amendment Act, 2004, Control Act, S.B.C. 2002, c. 14; Authority Act, S.B.C. 1998, c. 30;
S.B.C. 2004, c. 48; Pension Medicare Protection Act, R.S.B.C. Motor Vehicle Act, R.S.B.C. 1996, Benefits Standards Act, R.S.B C. 1996, c. 286; Miscellaneous c. 318; Municipalities Enabling 1996, c. 352; Society Act, R.S.B.C. Statutes Amendment Act, 2004, and Validating Act (No 3), S.B.C. 1996, c. 433. In force on Royal S.B.C . 2004, c. 23; Motor Vehicle 2001, c. 44; Transportation Act, Assent on October 21, 2004 or by Act, R.S.B.C. 1996, c. 318; S.B.C. 2004, c. 44; Transportation regulation for specified provi- Municipalities Enabling and Investment Act, S B.C. 2002, c. 65. S!OnS. Validating Act (No. 3), S.B.C. In force on Royal Assent on justice Modernization Statutes 2001, c. 44; Personal Information October 21, 2004 except for speciAmendment Act, 2004, S.B.C. Protection Act, S.B.C. 2003, c. 63; fied sections that come into force 2004, c. 65 (Bill 64) including Police Act, R.S.B.C. 1996, c. 367; by regulation.
REPORTS AVAILABLE
Trespass Amendment Act, 2004, S B.C. 2004, c. 73 (Bill 72) including amendments to the: Trespass Act , R.S B.C 1996, c. 462; Land Su rveyors Act, R.S.B.C. 1996, c. 248 In force by regulation.
University Amendment Act, 2004, S.B .C. 2004, c. 74 (Bill 60) amends the University Act, R.S.B.C. 1996, c. 468. In force by regulation.
REPORTS AVAILABLE
CONSULTATION PAPER ON LEASES OF UNSUBDIVIDED LAND AND THE TOP LINE CASE IOCT. 2004) Source: B C. Law Institute. Available at: www bcli.org
INTERNAL AUDIT IN HEALTH AUTHORITIES: A STATUS REPORT !OCT. 2004) Source: Office of the Auditor General. Available at: www.bcauditor.com
I AuditorGeneral
PREVENTING AND MANAGING DIABETES IN BRITISH COLUMBIA IOCT. 2004) Source: Office of the Auditor General. Available at: www.bcauditor.com/ AuditorGeneral
PRIVACY AND THE USA PATRIOT ACT: IMPLICATIONS FOR BRITISH COLUMBIA PUBLIC SECTOR OUTSOURCING !OCT. 2004) Source: Information and Privacy Commissioner of B.C Available at : www .oipcbc .org
SALMON FOREVER: AN ASSESSMENT OF THE PROVINCIAL ROLE IN SUSTAINING WILD SALMON !OCT. 2004) Source: Office of the Auditor General. Available at: www.bcauditor.com/ AuditorGeneral
TIME LIMITS FOR THE SERVICE OF JURY NOTICES: A CONSULTATION !SEPT. 2004) Source: Supreme Court Rules Revision Committee. Available at: www.courts.gov.bc.calsc
Refugee Lawyers Group Wins Human Rights Award From MOSAIC
MOSAIC (Multilingual Orientation Service Association for Immigrant Communities) presented its 2004 Human Rights Award to the CBABC Refugee Lawyers Group (part of the Immigration Section) in September.
The Refugee Lawyers Group (the "Group") was recognized for its commitment to the cause of human rights, particularly with respect to its work on legal aid issues .
The Group advocates for refugee rights and networks with community groups on refugee-related issues .
West
Coast Environmental Law Awards Dr. Andrew Thompson Award
West Coast Environmental Law is pleased to announce David Anderson as the winner of the first Dr. Andrew Thompson Award. The award recognizes an individual for lifelong contributions to the environmenta l protection and sustainability of B.C. through the law. It also honours Dr. Andrew Thompson who died in 2000.
"As a lawyer, environmental consultant, backbench MP and federal minister, Mr. Anderson has advocated for the environment and sustainability. He has been a champion oflaws and policies that reduce the risk of oil spills on B.C.'s coast, effective laws to mitigate climate change, and effective clean-air regulations for cars and trucks," said Chris Rolfe, West Coast Environmental Law Executive Director.
Warren Wilson, QC Receives Goyer Award
In the presence of more than 400 members of the legal profession, Warren T. Wilson, QC received the Georges A. Goyer, QC Memoria l Award at the Bench & Bar Dinner on November 17 . The award is the highest honour bestowed by the Canadian Bar Association, B.C. Branch.
Mr. Wilson was r ecognized for his role as a mentor and teacher and for his work on behalf of the Canadian Bar Association, the Law Society, the Law Foundation , the B.C Courthouse Library Society, the Faculty of Law at UBC, and CLE.
"To every project, Warren a l ways brings commitment, energy, preparation, intelligence, legal and financial acumen, humour and unfailing courtesy to a nd in respect of all others involved. As to his contributions, he has always been a leader, one who is liked and admired by all of those who deal with him in the profession generally and in his firm," said Kenneth Bagshaw, QC, who co - nominated Mr. W ilson . . Created in 1992, the Goyer Award recognizes exceptional contributions to the legal profession, jurisprudence, development of law, or a significant law-related benefit to B C. It is awarded in memory of Georges A. Goyer, QC, a r e spected CBABC member who passed away after a courageous battle with cancer.
Student Awards
CANADIAN BAR ASSOC IATION SCHOLARSHIP
On October 13, Sally Ruldolf, an outstanding second-year law student at UBC, received the Canadian Bar Association Scholarship (sponsored by CBA Financial Services Corporation). Ms. Rudolf is studying in a joint program combining a Bachelor of Laws degree w ith a Masters in Asia -Pacific Po licy Studies . She brings a strong volunteer background in equa l ity and human rights issues to her studies .
CBABC STUDENT AWARDS
The CBABC annually selects one student from each of B C.'s two law schools to r eceive a $2,000 award The award recipient is someone who exemplifies the best ideals that are served by the CBA These ideals include:
• participation in activities that support members of the profession and law students;
Warren T. W il so n , QC, t he 2004 rec ip ie nt of th e Georges A. Goyer, QC Me m orial Award for Distinguished Se r vice is picture d wit h Michael Woodwa r d, B.C. Bra nch Pres i den t (r ig ht ).
• promot ion of justice and law reform;
• promotion of equality among members of the professio n and law students; and
• a demonstration of exemplary public or community service.
The 2004 recipients are UVic law student Lorne Neudorf and UBC law student Jesse Nyman. The awards were presented at each school's mentor reception in October.
LAW SCHOOL ACH IEVEMENT AWARD
On October 5, Trisha Apland, a first-year law student at UVic, received the Law School Achievement Award (sponsored by CBA Financial Services Corporation) . Ms. Apland brings enthusiasm, energy, and a rich work and volunteer experience to her legal studies. With a background in psychology, she has volunteered in employee assistance, union representation, and rape relief work.
CBABC Work-Life Balance Committee
A report from the Chair
For the past three years the B.C. Branch has sponsored a special committee called the Child Care Working Group. Its mandate was to gather information related to child care, hiring of nannies, parental leave benefits, etc. and make that information available to members through the Branch's website. While working on its mandate, committee members recognized that there were related work-life balance issues (such as elder care) which CBA members were facing. From other surveys
Nicole M. Byres is the 2004/2005 Chair of the CBA, B.C. Branch Work -L if e Balance Committee.
ex1stmg section of the Branch website to incorporate information on this broader topic. As the committee revises and increases the information and resources on the Branch website, further notices will invite members to check it out.
The committee has identified some projects it will complete during the 2004-2005 year but would like to receive your input into how its work could assist you or your law firm, prior to finalizing both short-term and long-term goals. and research into this area, we know that work-life balance is an important concern not only for lawyers, but also for firms who face the economic costs associated with losing lawyers or failing to recruit lawyers, either because lawyers have no support or perceive the firm will not provide support for their efforts to have a successful career while retaining an otherwise healthy lifestyle.
Based on the above noted experience and research, and because the working group had completed its original mandate, it made a proposal in the spring of this year that the B.C. Branch approve the creation of a new regular committee called Work-Life Balance Committee. Th is new committee was formed in August. The committee's mandate is to promote and provide information relating to work-life balance and well-being, for the benefit of Branch members The committee intends to expand the scope of the
To that end, the committee would like input from any member who may have a suggestion for an issue the committee ought to consider relating to work-life balance and well-being. Members are invited to e-mail (rfabbro@bccba.org) suggestions for projects or information which they believe would be of assistance to members. BT
3 Tips for Balancing Work and Family
1. Be realistic- Work-life balance is more like a teeter-totter: in real life, demands on you from work and your personal life constantly evolve and change Therefore, develop strong home, community and work resources for suppo r t.
2. Be organized- Eff iciency is key, and that means de legating work, prioritizing your tasks, and tak i ng or mainta i ni ng contro l ove r t hings you have control over. Learn to say ··no.""
3. Be disciplined -Work as productively as you can during the day and week to minimize opportunities for work to infringe upon other priorities such as exercise, rest, and time with family and friends.
Adapted from articles on balancing work and life as published in CBA Practicelink: www cba org/practicelink
Is Work-Life Balance Possible?
Recently a Fast Company article entitled "Is Balance Bunk?" questioned the realism of achieving work-life balance. Given the daily pressures of practising law, many lawyers will agree that achieving perfect worklife balance is impossible, especially during busy periods.
Over the long term, though, lawyers ignore the need for balance at their peril. Our experience with lawyers tells us that many struggle with work-life issues. A chronic lack of balance may contribute to depression, anxiety, sub-
Nancy Payeur, MSW, RSW
• Make a commitment to wellness. This includes developing habits of healthful eating, getting enough sleep, and regular "down" time.
• Learn stress management techniques: meditation and physical exercise have helped many
• Set realistic expectations of yourself and others.
• Let go of perfectionism - for some tasks, "good enough" is enough. is a Regional Director with Interlock She presents frequently to organizations on wellness-related topics.
• Establish clear boundaries between work and personal time.
stance abuse, and relationship difficulties .
As with other professionals struggling with this issue, lawyers face external and internal stressors.
External stresses include pressures for productivity at the workplace. While technology has made life easier in many ways, it has also brought with it the challenges of constant interruption, distractions, and unrealistic expectations for an immediate response Technology has diminished the boundary betwe en work and home life so it becomes even easier to take work home. D ea dlines and heavy workloads often pull legal professionals into leading unbalanced lives. Such lives have scant time for leisure, activities with family and friends, and everything else that brings joy and revitalization.
Lawyers are typically achievers with high expect at ions of their own performance. They often put great pressure on themselves, setting unrealistic goals or trying to control factors over which they have no control. They ma y not want to admit to being overwhelmed, and may be reluctant to ask for help.
For lawyers concerned about balance, some recommended strategies include the following :
• Say "no" to unreasonable requests and offer reasonable alternatives .
• Manage expectations with senior partners, colleagues and clients, and negotiate workable deadlines or tradeoffs.
• Make technology work for you, including knowing when to turn it off.
• Build in daily "buffer" time for reflection, planning and prioritizing
• Communicate your needs to others and ask for help when you need it. Take a teamwork approach.
Defining work-life balance is highly individual and changes over time. To achieve it is challenging but not impossible with commitment and planning. The final goal is to become healthier, happier and more productive at the things that count in life. BT
If you'd like help getting into balance, call 1- 800663-9099 or 604-431-8200. Interlock provides professional, conf idential counselling to B.C. lawyers and their immediate family members. The Program is available at no charge to members of the Law Society of B.C
The Importance of Balance
Balance may be simple, but it is never an easy discipline. Far too often, we are asked to take on tasks that create imbalance in our lives. When you move away from your natural strengths, imbalance is the result. A poll by the Gallup Organization discovered that the average employee spends only 20 per cent of the time actively engaged in work that maximizes his or her individual strengths . The implications are staggering. If the average engagement in North
Ginger J E Grant, MA is an expert in corporate culture and creativity.
America is only 20 per cent, what would happen if you were 100 per cent engaged in your work? Doing work that you love and at which yo u excel? It is an interesting question to pursue: what percentage of your talent is being utilized?
What would be the difference in your firm if every person employed there was engaged in work that brought him/her recognition, meaning, and closer relationships with colleagues and clients? In a world suffering from information overload, sometimes the most powerful attention-grabbers are the things you don't know.
If you think of your life in terms of a story, creative tension is what makes the story interesting. Justice is usually portrayed as blind, s u ggesting to me to move beyond what is visible to the naked eye. What is the underlying environment or culture in which you work? What is not obvious or clearly understood? What is being said that is unspoken? What are the stories told around the water -coo ler?
Is there a disconnect between your external marketing message and your internal corpor a te culture? If so, work-life balance will become an issue, a symptom of the underlying problem. Consider your external marketing message as a promise to the associates
and p a rtners with whom you work. Does your beha viour support your promise? If inconsist e nt, you will constantly try to achieve "buy - in. " If inconsistent, associates and staff will respond negatively as it becomes obvious the emperor has no clothes. If consistent, you will retain valuable intellectual capital, the people who help you co-create your story on a daily basis The story you tell externally must reflect the story you live internally. Organizational balance starts from within.
Pick an image that represents the balance you seek in your life. Now pick another image that represents the balance currently experienced in your work. Do the images differ? Such projective technique comes from the world of archetypal psycho logy, finding the story beneath the story. This underlying story is the foundation for your brand and should drive any external marketing effort. In order to create a brand that is effective, you must reach the heart as well as the mind. Do you communicate what you most deeply care about?
If work-life balance is an issue, you may have disconnected your story from its living source. Work- life balance is the symptom of a disease where personal aspirations are not considered, respected and more importantly honoured. The stories you tell are like a living fire. They can spark engagement and light up your future, or burn your house down. Choose them wisely.
As an example of an internal story that sparked innovati o n, see www.storytellings.com/clients.htm and click on Ford Commercial No. 1 (not yet released in Canada). Can you find the contract? See how the story within became the story without. BT
Achieving Work-Life Balance
Mind, body and heart
It seems that lawyers are trying harder and harder to achieve
work-l ife balance, but very little seems to be working . Why is work-life balance so elusive?
Research shows that only about two per cent of people feel they are in balance. Recent Health Canada research indicates that Canadians are suffering from a serious decline in job satisfaction, reduced organizational commitment and a significant increase in job stress and absenteeism. The direct cost of high work - life conflict is in the range of three to five billion dollars annually.
Psychologists will tell you that change is slow and difficult and that any fundamental change must
and be merry " You must at the very minimum, eat well, sleep and take breaks and enjoy an active life. Eating well usually i nvolves being aware of what you eat and trying to eat better foods at more regular interva l s. Sleeping well means sleeping at least six hours a night and getting the relaxation you need to rejuvenate your body. Being merry means doing things that bring you joy.
and profess i ona l speaker She is t he aut hor of four books includ ing ''Mission Poss i ble - LEVEL 3. HEART- ADOPT POSITIVE
BELIEFS AND VALUES
In order to make long - lasting change you must also shift at the level of "heart ." This relates to
Creat ing a Mission for Work and Life" [Qu i nn) and "H i ring, Managing and Keeping the Best" [McGraw Hi ll). E-mai l : i nfo@thefitzgeraldg rou p ca your motivation to get balanced
occur on several levels. In other words, we must learn about what is needed to change, we must adopt habits to bring about the desired change, and we must commit to this change. In order to increase your life balance you must adopt strategies at three levels: mind, body and heart. Here are some specific ways to begin to do this:
LE VEL 1: MIND- DEFINE BALANCE
The first step in achieving life balance is to define what life balance means to you. This definition of balance is yours and yours a lone. Try to recall when you had a reasonably balanced life. What did it look like? What were you doing? What made it so great? Now, try to remember times when your life was out of balance What did it look like? What made it so terrible? Now, write out your definition of balance .
LEVEL 2: BODY- EAT, SLEEP AND BE MERRY
In my presentations I urge audiences to, "Eat, sleep
This motivation is driven by hidden beliefs and values that can either propel you into action or prevent you from even beginning. Without the proper beliefs, your efforts will be less successful. For example, many lawyers believe that if they do not work 80 hours a week they will not be an excellent lawyer. These beliefs keep us working long hours. Try replacing these beliefs with more constructive beliefs such as, "being happy and healthy is critical to my personal and professional success." If you have beliefs that are not supporting your goal to be in balance they must be challenged
"We cannot
change the wind but we can adjust our sails."- Anonymous
If you truly want a more balanced life, you must shift at all three levels - mind, body, and heart Do something about balance today . If not now, when? BT
Maureen Fitzgerald is a lawyer
Another Day at the Office
Port McNeill lawyer takes his law practice to Nairobi
The rainy season has started in Nairobi and the red dust which gets on and i n virtually everyth i ng has turned to red mud, coating the sidewalks in a thin, slippery layer, making walking on them a treacherous proposition. Sidewalks are infrequent in Na i robi and so most of the time when walking one is competing with the harrowing traffic for the edge of the road.
I walk to the UN in the morn-
Mike Seaborn works for the United Nations High
Commissioner for Refugees ing and it is my favourite part of the day I pass Asian women in brightly coloured saris walking young children to school, older school children in their private school uniforms, Afri can women with large bundles balanced on their heads, the occasional glue-sniffing street kid, walking around with a plastic bottle of glue permanently stuck to the lips, and the many business people gingerly picking their way through the worst of the mud Near the UN High Commiss ioner for Refugees office there is stretch where there are always road touts, people standing in the middle of the road offering wares for sa le. Aside from the usual plastic bric - a - brac and household items some of the more interesting things for sale have been puppies, one squirming under each arm, inflated pink Barbie beach balls and, the other day, a guy with a stand - up coat rack. The vendor had one arm draped over it, like he was hanging out at a party, while traffic streamed past him on either side
Recently I spent a morning with the unflappable Reception Officer at the reception desk. Here, every morning, he sorts out the 200 or so refugees who show up, sending them to the right place for assistance : "Eligibility" for new asylum seekers to determine if they are legitimate refugees; "Protection" for those with security concerns (where I work);
"Medical" where there is a nurse and referrals to doctors; and "Community Services" where counselling is available for the many survivors of torture and sexual violence. After passing this desk they are given numbered tags and proceed to an inner waiting area to be seen by UN workers.
In the Protection Unit I interview refugees residing in Nairobi and review their written security claims. We try to identify those who may be at risk, such as people
who held high-profile political positions, journalists and vulnerable women. If possible, services are provided to them to increase their safety here.
While sitting at the reception desk I look around the open-air compound at the refugees clustered on benches, the busy UN workers, the translators scurrying around trying to match language to refugee, the numerous highly visible guards, and realize that I am the only white person there, something I'm getting used to.
An elderly woman, dressed in long black robes and a black shawl over her head, is told she is there on the wrong day and will have to come back. No number for her. This does not go over well and she adopts the interesting strategy of plunking herself down on the floor in front of the desk and commencing to wail, burying her face in her shawl. Several guards immediately surround her. The Reception Officer, unperturbed, tries to reason with her. This goes nowhere. He waves in the next refugee who nimbly steps around the woman and, completely ignoring her wailing just inches from his feet, conducts his business The Reception Officer tries again. "Mama, please mama, we cannot help you while you sit there. Stand up mama and maybe we can help
you." This only produces more wailing and some arms raised to the sky beseeching, which is left untranslated by the bemused translator. "Next," and another refugee hops around the woman.
Eventually the woman is persuaded to get up and go back to the benches, where she composes herself. The guards disperse. The rest of the refugees are dealt with. By the end of the morning I'm frayed from just watching. The Reception Officer gathers together bundles of paperwork he has been left with, all the matters that did not fit neatly into a category and which he must now deal with. The refugee s are
For Stressful Times
Nine workplace gifts ofpeace and affirmation
1. THE GIFT OF HELPING OUT
Really go out of your way to ask your neighbour at work if he or she needs help. Employers: assist your people to get off t he treadmill at work.
2. THE GIFT OF CLEAR EXPEC TATIONS
Employers and managers: make doubly sure your people know what you expect of them these days Unclear job expectations cr e ate tension and uncertainty that grinds people down
3. THE GIFT OF JOB FULFILLMENT
Bosses, remember: a pay cheque buys bread for the table. Job fulfillment buys bread for the soul. Go out of your way to help make sure your employees have the tool s and the time they need to do the job they are qualified to do.
4. THE GIFT OF SHARING SUCCESS NOT JUST WORK
Co-workers : share the credit for the thing s that get done well at work and not just the workload
all in the waiting area, clutching their numbered tags.
Another day at the office. BT
Mi ke Seaborn practised law for eight years as a partner in the f irm Jones Seaborn & Company on northern Vancouver Is l an d In May 2004 he left the f irm to travel to Africa t o see what adventures he m ight find and if there were people he could help w ith his law skills In October he began working for the United Nations High Commissioner for Refugees at their office in Nairobi, Kenya.
itself. Cheer each other on . Let the boss know who really helped you out today.
5. THE GIFT OF E-MAIL CEASEFIRES
The next time you are about to e-mail a neighbour at work, don't Go visit them. The casualties of stress mount daily from information overload and floods of abrupt or uninvited e - mails.
6. THE GIFT OF LIBERATION FROM CALL-FORWARDING
For all our sakes, delete useless call-forwarding messages . They seldom live up to the promise of a "real person" at the end of the line Instead , leave a welcoming invitation-in your own voice-and invite the caller to leave a message . And call them back.
7. THE GIFT OF INCLUS ION
More than ever, make sure your neighbours and employees at work are included in meetings, going to lunch, and sharing information . A lot of us feel alone these days in the midst of many
8. THE GIFT OF TRUST Managers: stop breathing down the necks of your employees. Let them know you believe in them. Co - workers, show neighbours at work that you can be trusted and try hard to trust others yourself.
9. THE GIFT OF BEING HOME
In these nervous times, employers may find their people thinking overtime about their kids and their families, wanting to be home when the children come home from school. Respect this. Double-check the work deadlines your people are operating under. Are they reasonable? Necessary? Be alert to the emotional commitment and the time and understanding they need to manage personal commitments
Adapted from "'12 Gifts for Workplace Support and Aff irmat ion - 2004'" by Bill Wilkerson, Roundtable Co-Founder and CEO [www. mentalhealth rou ndtable.cal
Law Week Committee Plans Expanded Fun Run
Join us for the second annual Law Week Fun Run in early April of 2005 . The 2005 Fun Run will have two routes : a 10 km in the trails of Pacific Spirit Regional Park ; and a 2.5 km fun run/walk for parents and kids
At the finish line, youngsters may paint their own T-shirt , and enjoy clowns, music , and food.
This is one of those rare events where the bench, bar, law school students , professors and everyone else in the legal community can come together to take part in a fun activity and support the B.C. Branch 's Law Week events.
We encourage all members of the legal community to bring their families along to enjoy the second annual2005 Law Week Fun Run. We can't do it without you!
Lawyers Back on Stage For a Good Cause
In February 2004, more than 25 members of Victoria's legal community entertained audiences in "The Man Who Came to Dinner"' at the McPherson Playhouse (photo at righ t ). ra ising $10,000 for Kaleidoscope Theatre Productions, Victoria's theatre for young aud iences.
Lawyers on Stage Theatre (LOST] will present "All I Really Need to Know I Learned in Kindergarten" at the McPherson Theatre, February 25-26, 2005 Along with auctions and a· reception, each evening's central focus will be a tightly woven adaptation of Robert Fulghum's best-selling book in revue format, with monologues, dialogues, and multiple voice narration
Tickets are $35. To secure your seats, call the McPherson Playhouse Box Office at 250-386-6121
*Vancouver's Arts Club and Touchstone Theatres will present "The Lawyer Show " on March 11-12 at the Stanley Theatre. Call 604-687-1644 for early bird tickets ($65) to Agatha Chr ist ie's "Murder on the Nil e. "
Criminal Justice Conference in Scotland: June 26-30, 2005
The International Society for the Reform of Crim inal Law will hold its 2005 conference in Edinburgh, Scotland, June 26-30 The conference , entitled "Modernisation of Criminal Justice Systems" will examine the impetus for change in criminal justice systems; the rise of cr ime and resulting political response; co-operation between police, j u diciary and prosec uting authorities and international co-operation; m odernization of criminal justice systems in the post-conflict of failed states.
For details, visit www.isrcl.org
L-R : Maureen Andersen, Peter Johnson and Mayland McKimm, QC were cast members in last year's production by Victoria's Lawyers on Stage Theatre This yea r 's show plays February 25-26. Call 250-386-6121 for tickets.
CBA Mid-Winter Meeting: February 17-20, 2005
CBA members of Council will head to Charlottetown February 17-20 to set po licy, debate resolutions and report on what the CBA has been up to for the past six months
Given the limited n u mber of flights in and out of Charlottetown, Council members are encouraged to make travel plans as soo n as possible.
For CBA members who are not elected to Council, it is still possible to attend and have your say. To have yourself accredited as an alternate, please contact the B.C. Branch office.
UBC Mentorship Program
Successful Again
CBA lawyers and UBC law students gathered in October at UBC's Cecil Green for the annual UBC/CBA Mentorship Reception The reception was the best-attended mentorship event in the program 's history.
The program, which offers UBC law students the opportunity to foster interaction with professionals in the legal community, matched 147 UBC law students with lawyers for the 2004-2005 academic year.
Program organizers commend CBA members for their incredible commitment to the program. This year, there were more lawyers committed to volunteering than UBC law students available, and this situation enabled, for the first time, some UVic law students to be matched with Vancouver-based lawyers.
For more information on the current program or to volunteer for next year , please e-mail Alissa Macpherson , UBC/CBA Student Representative (ubc_cba_ mentorship_program@yahoo.ca).
Options for Lawyers Seminars
Options for Lawyers Seminars are held in Vancouver on the th ird Wednesday of every month This networking, education and support group for lawyers is free for members of the
legal community. For assistance or information on meet ings and resources ca ll 604-685-2171 or toll free 1-888-685-2171. The LAP office is located at 415-1080 Main land Street, Vancouver.
The Lawyers Assistance Program (LAP) provides confidential support, counse lling and referrals for lawyers, their families, support staff, judges and students suffering from alcohol and/or chemical dependency, stress, depression or just about any type of personal problem.
Executive Committee Meeting (CBABC Boardroom)
New Westminster Bar Association Meeting Annual Judges Dinner (Westminster Quay, 6 p.m )
Executive Committee Meeting (CBABC Boardroom)
New Westminster Bar Association Meeting (Westminster Club, 5:30p.m.
Guest : Brett Marchand of Manulife Financial. Topic: Canadian Bar Financial Corporation and Retirement Planning) CBA National Mid-Winter Meeting (Charlottetown, PEl)
Bar Moves K 71
Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words] to Bar Moves at cba@bccba .org .
LISA ALEXANDER, RANDY LEVINE, and MORRIE SACKS have moved their independent family law and mediation practices under the same roof and have opened the Collaborative Centre - a space dedicated to helping couples reach divorce settlements without going to court. Tom Manson
LAUREL ELIZABETH BIEBER (nee Nast) opened her practice in Prince Rupert in August 2003. Laurel Bieber Law Corporation serves clients primarily in the areas of family law, criminal defence and civil litigation.
DANIEL GELB has relocated from Victoria to Vancouver and has joined the law firm of Klein Lyons where he continues to practise in the area of personal injury litigation.
KIRANDEEP K. GILL has joined Sliman, Stander & Company where she will practise personal injury and general civil litigation.
ANDREW HALPER has left Denton Wilde Sapte and joined Eversheds, also of London UK . A corporate partner, he heads the firm's China Business Law Group.
RENEE M. HOGGARD has moved from Myers, Waddell, McMurdo & Karp in Vancouver and now practises with Swadden, Virgin & Young in Victoria in the area of civil litigation.
After three years in securities regulation, TOM MANSON has moved to Josephson & Company, to continue a civil litigation and administrative law practice
CBABC Appointments
The following people were recently appointed to serve as CBABC representatives for three-year terms :
TIMOTHY SCHOBER was re-appointed to the Continuing Legal Education Society of B C Board of Directors.
ALEX SWEEZEY was appointed to the B.C . Courthouse Library Society Board of Directors.
JOHN WADDELL, QC was appointed to the Law Foundation of B.C Board of Governors
GREG T. PALM has joined Hungerford Tomyn Lawrenson and Nichols in Vancouver to continue his civil and commercial litigation practice with an increased focus on insurance litigation .
ERIN K. TAIT has left Lawson Lundell and now practises with Koffman Kalef Business Lawyers in the area of commercial real estate.
KAREEN A. ZIMMER recently moved from Borden Ladner Gervais LLP to the Corporate Law Department of the Insurance Corporation of B.C.
Westbank Lawyer Wins Customer Service Award
Congratulations to Paul Hergott, of Bassett & Company, who won the Westbank B.C . Chamber of Commerce Customer Service Award in October.
The Customer Service Award is presented annually to a business "that provides its customers with a consistency of excellence in quality customer service beyond customer expectations."
Civil Justice Reform Working Group
Submitted
by
Chief Justice Donald Brenner and Allan Seckel, QC, Co-Chairs of the Civil Justice Reform Working Group
The objective of the B.C. Supreme Court Rules "is to secure the just, speedy and inexpensive determination of every proceeding on its merits." The pursuit of civil claims , however, has become so costly, time-consuming and complex that most citizens cannot contemplate litigation in our Supreme Court. These problems of cost, delay and complexity have become endemic in civil justice systems around the world.
In order to find solutions to these issues, the Law Society of B.C., in March 2002, formed the Justice Review Task Force (JRTF). In addition to the working groups established to review issues concerning family law, street crime and large criminal cases, the JRTF recently formed the Civil Justice Reform Working Group
Working Group Members
• Chief Justice Donald Brenner, Supreme Court of B C [Co-Chair]
• Allan Seckel, QC, Deputy Attorney General [Co-Chair]
• Madam Justice Laura Gerow, Supreme Court of B.C.
• Judge Dennis Schmidt, Provincial Court of B.C.
• Master William McCallum, Rules Revision Committee
• Richard Margetts, QC, representing the Law Society of B.C.
• Jim Vilvang QC, representing the CBABC
• Helen Pedneault, Assistant Deputy Minister, Court Services Branch
• George Macintosh, QC, Member at Large
• Barbara M. Young, Member at Large
Working Group Online
Interested parties may visit the Justice Review Task Force's website [www.bcjusticereview orgl to view Working Group activities, Terms of Reference, media releases and discussion papers or to submit comments and suggestions .
("Working Group"). The Working Group will need to reconcile two fundamental but competing interests: comprehensive due process and affordable disput e resolution Access to the court and the trial system is fundamental to our society. Our courts promot e social order and public confidence by deciding the tough cases, establishing legal precedent, and protecting the vulnerable. The reality, however, is that very few cases go to trial; the system is overwhelmingly a dispute resolution system, not a litigation system. The Working Group will therefore review the B.C. justice system, research reforms in other jurisdictions and consider how our system can perform better:
• resolve the bulk of disputes fairly, quickly and efficiently;
• for those cases that need to go to tri a l, reduce cost, increase efficiency and maintain fairness;
• ensure that procedures and cost are proportional to the matters in issue; and
• maintain public confidence.
This important work will be done in consultation with key stakeholders including the B.C legal profession. Your input is essential to ensure the proposed changes are workable. The Working Group will submit its report and recommendations to the JRTF by December 2005.
Vancouver Lawyer Is A Curling Champ
Good luck to Vancouver lawyer Tom Lutes, as he competes in provincial curling "zone play downs" this month and next. In February 2004 Tom and his curling team qualified to compete at the Annual International Bonspiel in Nagano, Japan- and took home the gold! Tom is the only lawyer on his team and we think his curling rocks!
CLE Update
NEW BOOK
• The Continuing
Legal Education
Society of British Columbia
COLLABORATIVE PRACTICE: DEEPENING THE DIALOGUE is the road map for family lawyers making the journey from traditional litigation to collaborative practice. A leader in the collaborative law movement, Nancy Cameron has written an essential resource for professionals who are practising in or making the change to collaborative family practice. In a thoughtful , humourous, and concise manner, she scrutinizes the landscape of traditional litigation-based family practice, and provides guidance on how to re-think personal and professional values, to develop the new skills required in collaborative practice, and to set up an interdisciplinary collaborative family practice. She also discusses some of the complex issues and challenges faced by collaborative practitioners.
COURSES
Trial: From Theory to Verdict, Jan. 14, Vancouver
PPSA 2005: Primer and Workshop, Jan 27, Vancouver
MBA Concepts for Lawyers, Jan . 28, Vancouver Medicine for Lawyers, Feb. 3, Vancouver Rule 18A Applications, Feb. 10, Vancouver (offered live, online and in video repeats)
Law Courts Education Society To Celebrate Its 15 Year History
BR ITI SH C OLUM BIA CO URTH OUSE L IBRA RY SOCI ET Y
Courthouse Library Society Appoints New Executive Director
The Board of Directors of the B.C. Courthouse Library Society (BCCLS) has announced the appointment of Johanne A. C. Blenkin as Executive Director of the BCCLS, effective November 1, 2004.
Ms. Blenkin has practised law on Vancouver Island since 1994. From 1990 to 1994, she was Chief Librarian Russell at & DuMoulin where her res ponsi bil i ties included management of the matn library
Johanne A.C. Blenkin
Members of the bar are invited to help celebrate 15 years of the Law Courts Education Society of B C. on Tuesday, January 18 (4:30 to 7:00 p m.) at the Law Courts Inn in Vancouver. Organizations represented on the Board of Directors will receive special thanks for their partnership over the years.
The Honourable Stephen Owen, Minister of Western Economic Diversification and Minister of State [Sport), will speak on the role of publ ic legal education in society. The Hughes Award will be presented to Aric Hayes [in memoriam). dedicated teacher and volunteer.
The evening will include a silent auct ion to help raise funds for educational programs. There will be a no-host bar and appetizers will be served.
Attendance is free, but space is limited Please RSVP by e-mail [events@lawcourtsed cal, by fax [604 - 775-3476) or by phone [604-660-9874).
and three satellites . Ms. Blenkin was one of two CBABC representatives on the BCCLS Board of Directors from 2000.
Grants
Approved
The Board of Governors of
the Law Foundation of BC
Continuing Programs
$3,272,500 LEGAL SERVICES SOCIETY (Operating Grant)
$136,900 B C. COALITION OF PEOPLE WITH DISABILITIES (Advocacy Access Program)
met on November 20, 2004. $127,500 UBC FACULTY OF LAW Chair Heather Raven is (Scholarships and Projects) pleased to announce that $121 ,000 GREATER VANCOUVER LAW STUDENTS' funding totalling LEGAL ADVICE PROGRAM $4,126,200 has been (Operating Grant) approved for the following $103,300 DOWNTOWN EASTSIDE RESIDENTS' ASSOCIATION continuing programs: (Advocacy Services Program)
$84,000 UVIC FACULTY OF LAW (Scholarships and Projects)
THE@ LA\\.!
FOUNDi\TION
$65,500 UBC FACULTY OF LAW (First Nations Clinical Program)
$65,000 LAW SOCIETY OF B.C. OF BRITISH (CANLII Virtual Law Library)
$60,800 LAW COURTS EDUCATION SOCIETY (Northern Public Legal Education Program For First Nations Communities)
$54,600 LAW FOUNDATION LAY ADVOCACY EDUCATION AND TRA INING FUND (Education and Training For Law FoundationFunded Lay Advocates)
$20,800 B.C. FREEDOM OF INFORMATION AND PRIVACY ASSOCIATION (Law Reform/Public Legal Education Program)
$14 ,300 DEBATE AND SPEECH ASSOCIAT ION OF B.C. (Law Foundation Cup Debates)
Funding up to $170,000 Project Grant was approved for the $170,000 PRO BONO LAW B.C. following new two year (Operating Expenses) project grant:
CLASSIFIED ADS DECEMBER 2004
POSITIONS AVAILABLE
FELLER & ASSOC IATES - PARTNERS
WANTED Are you eager, ent hu siast ic & loo king for an opport uni ty to jump start yo ur career? We have an exce ll ent opportunity for you in personal injury li tigation. We are a we ll known and respected firm in downtown Vancouver looking to ene r g ize our team. Send or fax yo ur resume to: FeUer & Assoc iates, 1550400 Bur rard Street, Vancouver, BC V6C 3A6. Attention: Manage r. Fax: 604-68 1-5354
POSITIONS SOUGHT
2004 ca ll in ON/BC seeks Vane. so li cito r/ in house position in business, co r p/co mm , tax o r estates. Articled w ith n at firm, Ottawa Reply to cba@bccba.org (Attn: Box Ill )
ARTICLING positio n so u ght by 2004 grad. Backgrnd in cr im & First Nations stud ies-eager to expand in oth er areas. frannypack2@shaw.ca
PRACTICES FOR SALE
So li cito r in we ll estab li sh ed pr actice (Sou th Island) wis h es to re tire and sell - see k s successor. Rea l estate, mortgages, corporate, wi ll s, estates. Reply to cba@ bccba.org (Attn: Box 109)
SOLICITOR ' S PRACTICE AVAILABLE :
We are a four lawyer Fraser Va ll ey firm wi th ten staff. O u r firm was founded in 1974 by the senior so li c i to r who is consider in g slow in g down but is wi llin g to stay on as a lim ited pa rtne r or part ti1ne assoc iate. O ur firm is a ge n e ral practice firm wit h we ll esta bli shed corporate, com m ercia l, estate, conveyance a n d li tagat ion depa rtm ents The two senior lawyers have been partners for 22 years. O ur staff stays with ou r firm for long periods of emp loyment and is hi g hl y motivated and competent. O ur firm prides itsel f on its co mp ete n ce, ethi cs a nd quality of clients. Reply in confidence to cb a@ b ccba.org (Attn: Box 110)
SERVICES
LAWYERS, LEARN TO SPEAK CHINESE. Experienced in structor. Te l: 604-269-5862
SPACE
AVAILABLE
NEAR THE COURTHOUSE Inte r ested 1n qua lity office space close to the Vancouver law courts? 11 25 H owe St ree t has 3 we ll imp roved former law office suites ava ilabl e ranging from 1,614 to 2 1,000 rentable sq.ft. for 2 full fl oo rs. T h e su ites offer city views and have co rn er balconies. Ca ll Jason Sande rs at 604-689-5050. See details & photos at www.wick lowwest.com.
VIEW! OFFICE FOR RENT C rimin a l law office h as space for 4th lawyer. Includ es recept ion & sec retar ial. 15th floor, Marine Building, Vancouver. Ca ll 604-662-7244.
VACATION PROPERTY
SAN JOSE DEL CABO Co ndo r e nt a l, o n beach, $550 U.S. per week. Ca ll 250-338-6744.
ATIORNEYS WANTED.
SUPPLEMENT YOUR INCOME: Orlando , Florida , firm seeks attorneys licensed in B C with 0 -5 years experience to handle med iations/ litigation on an ongoing contract basis. Send resumes & references to James F.Welborn; Palmer, Reifler & Assoc iates , P.A.
Fax : 407-875-0739
E-mai l: jwelborn@ civilrecoverylaw com
IFIED AD RATES
RATES !all of sci
Organizations
DEADLINE: January 21
Direct BarTalk advertising inquiries to : Sandra Webb, BarTalk Editor Tel : 604-646-7856 Toll free: 1-888-68 7-3404, ext. 318 E-mail : cba@bccba.org
Sec 257 Determinations , Opinions and Court Applications on referral
• Claims and appeals
• Vice Chair at Review Board for 6 years
• More than 25 years personal injury litigation
Barrister & Solicitor Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito. ca
LawStream is ready!
The LawStream Law Office Management System has been updated for B C. lawyers, to include trust administration fee reporting, and to facilitate the new trust audit requirements.
LawStream does much more than help you manage your TAF requirements
LawStream can help you manage the essential resources of time, information and money in your office: it is an integrated cross-p latform (Windows/Macintosh) computer program for small and medium-s ized offices, for managing timekeeping, billing, receivables, trust accounting, payables, general ledger, financial statements, sa les tax , file/matter control, cl ient/contact organization, G.S.T ., schedu ling, letters , memos , payables, and more For more information , or a free demonstration copy of LawStream, look on the web at www.lawstream.com (or phone 250-782 - 3322, or e-mail sales@lawstream.com).
