In 1992, an NDP government in need of revenue singled out legal services for a special tax. No other professional service was targeted, just legal - services that anchor our society's ability to conduct business, resolve disputes, and protect and enforce legal rights. The CBA and then-Liberal Opposition opposed the tax, but to no ava il.
There has never been a hint of sound tax policy behind the legal services tax - people in government then and now admit it's simply a matter of revenue. The tax generates more than $110 million annually from people, b usinesses, and institutions that need legal services. When the B.C Liberals took the helm, there was some early optimism that indefensible taxes like this one would soon be gone Five years into their reign - despite an economic upswing and commitment to bring "good business sense" to government- this tax remains.
B.C. lawyers are mired in a mess of red tape and bureaucracy because the Government of B.C. refuses to scrap the tax despite economic arguments and a series of legal challenges Worse, the government is using taxpayers' dollars to fight for it a ll the way to the Supreme Court of Canada. Left in legal l imbo, thousands of lawyers and law firms are now dealing with an administrat ive nightmare
On Ju l y 11, in response to recent court rulings, new "Guidelines" were released by the Ministry of Sma ll Business and Revenue. Every lawyer needs to
read them (see www.cba.org/bc). It is important to note that there may be penalties if appropriate funds dating back to December 2005 are not submitted in time (September 15 for monthly remitters).
The time-consuming decision-making process now required for every file and bill is provoking a whole new level of confusion and frustration. First, we must distinguish between solicitor's and barrister's work (there's a who l e section on that in the Guidelines). Then we must decide whether and what part of the work is "legal services related to the determination of rights and obligations by courts of law or independent administra t ive tribunals." And then we must decide whether our client is "low income" - the definition of which, according to the Ministry, is frozen to the Legal Services Society limits in place on May 8, 2005.
In certain cases we must not charge the tax, in others we must charge it and remit it to government, and in yet others we must charge it and hold it in trust until the sec dec ision, sometime in '07.
"What we have is a complex administrative problem with a very simple political solution," said Meg Shaw, CBABC Pres ident. "This is a bad tax: it makes no sense on any policy leve l, no economic sense and it's hurting access to justice The Government needs to get rid of this cumbersome, discriminatory tax and let lawyers get o u t of the business of tax collection for government, and back to the work of law." BT
www.cba.org/bc
Recruitment and retention of lawyers is one of the big challenges facing employers of all sizes and in all sectors. How do we hire and retain the best? What is it that th ey want? Why are things different now? This will be a recurring theme in this and future Em-Talk issues
the costly problem of associate attrition in British Columbia
Canadian Bar Association, B.C. Branch
1Oth Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3
Tel: 604-687-3404
Toll-free lin B.C.I: 1-888-687-3404 bartalk @bccba.org
BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch.
This publication is intended for information purposes only and the informatio n herein sho uld not be applied to spec i fic fact circumstances without the advice of counsel.
The Canadian Bar Association, British Columbia Branch represents more than 6,200 B C. members and is dedicated to improving and promoting access to justice, review i ng legislation, in i tiat i ng law reform measures and advancing and improving the administration of justice.
BarTalk Publication Sales Agreement #40741008 The Canadian Bar Association .....__--='-" British Columbia
CAROLINE NEVIN LETTERS TO THE EDITOR
LETTER TO THE EDITOR !VOL. 18, NO.3)
That was a good and challenging art icle by Marguerite Shaw on Do We Do Enough Pro Bono. I continue to be astonished by the com-
Send your LETTERS TO THE EDITOR to:
Caroline Nevin, Bar Talk Senior Editor
Canadian Bar Assoc iat i on, B C Branch
Fax: 604-669-9601
Toll - free fax: 1-877 - 669-9601
E- ma i l: cnevin@bccba.org
plexity of the needs of the disadvantaged . When I go downtown in the evening I am appalled at the growing numbers of people without homes and find that it is the between layer of people who are the only ones to seek legal aid. The Nurse members of my extended family keep me briefed by needs I never hear of.
-Ron Macisaac
_.-···
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Internet Communication, Privacy, and Solicitor-Client Privilege
Th e u se of th e co mput er , bo th pe r so n a ll y a nd p ro-
fess io n a ll y, is u b iquito u s in o ur da il y li ves.
Se du ced b y t h e ease of comm uni ca-
t io n , we a r e lull ed int o a fa lse se n se
o f pri vacy a n d sec urit y. How m a n y
o f u s are ro utinel y u sin g t h e In te rn e t
to co mmuni ca te w ith cli e nt s? H ow
co n ven ient is it to u se o ur Blac kb err y
o r P a lm - based h a n d- h eld f o r e-ma il
m essages w i t h eac h ot h e r, o ur
o ffi ce a nd cli en ts? H ow m a n y of
o ur messages co n ta in co n fi d en ti a l
a nd p ri v il ege d in fo rm at io n? Now,
Margu e r it e [Meg) E Sha w
Pr es id e nt 200 5/2006
B.C B r anch
Ca n a dian Bar As s o c iati o n
h ow m a n y o f th ose m essages a r e enc r ypted?
I n r ea lit y, a lm os t n o el ectro ni c co mmuni ca ti o n is
t rul y p ri vate An e- m ai l se nt to a cl ie n t m ig h t pass
thr o u g h d oze n s of o th e r comp u te r s as it we nd s its way
t hr o u g h cy be rsp ace Eac h of t h ose com pu te rs al ong t h e
w ay m ay m a k e a bac ku p o f th a t e- m a il. A nd w ith o u t
so m e fo rm of e n c r ypti o n , pl a in tex t o r html fo rmatt ed
e- m a il is eas il y r ead b y ot h e r pa rti es a lo n g t h e w ay, ju st as a h o lid ay p ostca rd ca n be r ead by a n yo n e w h o
h andl es it befo r e it ge ts to th e in te nd ed r ec ipie nt.
As id e fro m th e easy read in g of th e co nt ent o f o ur
electr oni c co m m uni cat io n s b y o ut side r s, h ow ma n y of u s eve r co n s id e r t h a t a reco r d is be in g ma d e o f a ll th e
t ra n sac ti o n s we d o o n th e Int e rn e t ? W e l eave a reco rd o f wh e r e we h ave bee n o n th e Inte rn e t, h ow lo n g we h ave bee n th e re, w h a t we h ave l oo k ed at, an d w h a t inform a tion w e sen t o r accesse d Th ese reco rd s a r e fe rtil e g r o un d fo r a m y ri ad of u ses. In D esgag ne v. Yu e n e t a!
[2 00 6 BC SC 996 ], a p e rso n a l injury case, a m ot io n was brou g h t b y t h e de fen da nt fo r th e pro du cti o n o f th e p la inti ffs h o m e co mput e r h a rd dri ve, P a lm Pil o t an d v ideo ga m e unit fo r a n a lys is b y an expe rt . T h e mo ti o n , in p a rt , so u g h t di scl os u re o f t h e we bsites t h e p lai nti ff ha d v isit ed as wel l as th e u sage metada ta of her video game, a ll eged ly to assess h er cog niti ve a biliti es.
4 BARTALK
Co mmuni ca tin g ove r th e
Inte rn e t h as become a com m on way of d o in g bu sin ess. Bri a n Ta bo r, QC,
Na ti o n a l P r es ide nt , h as r ece ntl y
s p o k e n a bo ut th e in c r eas in g t r e n d
o flnt e rn e t Se r vice Prov id e r s (ISP s)
rev isin g th e ir se r v ice agreeme n ts
w ith c u s t o m e r s to a nn o un ce th ey
w ill " m o nit o r o r i nves ti ga te" h ow
cu sto m er s u se th e i r se r vices, a n d t h a t
t h ey w ill "d iscl ose any info rm a ti o n
n ecessa r y to sat isf y a n y l aws, r eg ul at io n s o r o th e r gove rn menta l
re qu est f rom a n y a ppli ca ble juri s-
d icti o n ." Thi s a p pea r s to be a mea n s
to intr od u ce a co r po ra te o r in d u str y co nten t mo nito rin g sc h eme, w i t h o ut r e quirin g th e I S P t o o bt a in p r i o r a uth o ri za ti o n o r ove r sig ht fo r th e i r act i v iti es. ISP s c h a n ge t o m o nit o r a nd in ves ti ga t e u sage a n d co nt e n t o f elec tr o ni c co mmuni ca ti o n o n t h e Int e rn et p ut s at i n c r ea sed ri sk o ur co mmuni cat i o n s a nd
In te rn e t ac ti v iti es.
T hi s r a ises a s ig ni fica nt co n ce rn a b o u t th e poss ib le e r os io n o f a b as i c r ig h t o f o ur cli e nt s : so licit o r - cli en t pri v il ege. Wikip e di a says, " In t h e law of co mm o n wea lth co un t ri es, so li c it o r- cli e nt pri v il ege is a t ype o f pri v il ege th a t pro t ec ts a ll co mmuni ca ti o ns be t wee n a so li c it o r a nd th e ir cli e n ts f r o m b e in g d i v ul ged aga in st th e cli e nt 's will. Th e pu r p ose b ehind thi s lega l prin cipl e is to prot ec t a n indi v id u a l 's a bilit y to access th e ju s ti ce sys te m b y e n co ur ag in g co mpl e te di scl os ur e t o lega l co un se l w ith o ut th e f ea r th a t a n y co mmuni ca ti o n s m ay p re ju d ice t h em in th e futur e. It is a fun da m e ntal ri g ht to a ll indi v id u a ls a nd is th e m os t p owe r f ul o f a ll t y p es o f pri v i lege "
T h e ri g ht t o so li c itor - cli e n t pr iv il ege is a f und ame n ta l tenet of o ur ju st ice sys tem a n d th e CBA w ill a l ways r e m a i n v ig il a nt in o ur p r otect io n of t h at ri g h t. To r ead m o r e a bo u t th is imp orta n t iss u e, go to www.cba.o r g BT
FRANK KRAEMER, QC EXECUTIVE DIRECTOR
Shared Articles Registry Now Available
You will no doubt recall that in the April issu e of BarTalk, I alerted you to th e fact that a Working Group cons1stmg of repr esentatives of both our B.C. law schools, the Law Society of British Columbia and CBABC
was work in g on a joint project to d evelop a web-based self-matching system to assist law firms and law students in a rrangin g articling positi o ns I am now pleased to report that the Shared Articles Registry h as become a reality. It
Frank Kraemer, QC
Executive Director B.C. Branch
Canadian Bar Association
can be found at www.cba.org/bc/initiatives/articles.
CBABC is hostin g this Registry in the public a rea of it s website so that it is avai labl e to a ll la wyers and law students who may be inter ested 111 the Shared Articles Program.
This program was developed because of the in creasing cha ll enges st ud ents are enco unt ering in securing articling positions in British Co lumbia in the traditional fashion - with one firm and one principal. The Registry offers some new and inn ovat iv e oppor tuniti es for firms who either cannot provide a full a rticlin g
"The
Therefore, the Registry was developed to permit firms to list themselves and provide sufficient information to a llow students to determine whether or not the student might be interested in approaching the firm to work on th e development of a Shared Articles Program with at least one other firm.
I invite you to visit the website and exp lore the information to be found there Of particular interest is the introductory piece, providing background information
about the Shared Articles concept as well as a section on Frequently Asked Questions. There is also a wealth of informat ion abo ut the requirements of the Law Society for these types of programs and what may need to be done in order to ensure they are approved. There are also many link s to other important information .
innovative opportunities for firms and students."
Registry offers some to share encourage you information about it with your colleagues.
Fina ll y, the Working Group invites your feedback
The next task of the Working Group is to publicize the avai labilit y of this service to lawyers, law firms, and students. Only if this serv ic e becom es widely known as being available is it likel y to be a success. We program or who cannot affo rd an a rticling student for a who le year. Similarly, it helps students who are interested in working with two or more firms or two or
more principals during their articling term in order to ga in experience in a var iety of work environments and to learn from and b e mentored by more than one principal. The Working Group r ecog niz ed that th e tim e and effort necessary for a student to locate firms who might be interested in offering opportunities like this could be overwhelming.
on this project and the information provided on the website. If there is additional or other information you think would be va lu ab le, either to law firms or to students, please do not he sitate to contact me here at the Branch at lOth Floor- 845 Cambie Street, Vancouver, B.C. V6B 5T3 or fkraemer@bccba.org. BT
Monitoring by ISPs Could Erode
Solicitor-Client Privilege
T h e C B A h as soun ded a la rm b e ll s about In te rn et Se r v ic e P r ov id e r s
(I SP s) m o ni to rin g o r in ves ti gat in g custo m ers' o nlin e com muni ca tion s, as th ese a cti o n s cou ld h ave a se ri o u s imp ac t o n so li c i to r -cli e nt pri v ile ge. Th e CBA a lso n o t es t h at th ese m eas ur es co ul d h ave a m a jo r imp ac t o n th e pri vacy of t h e p ubli c. "T h ese n ew steps mu st co nfo rm t o lega l p ro t ec ti ons a n d g u a r a n tees th a t sa feg u a r d Ca n a di a n s' r ig ht s a nd f r ee doms , a nd th ey mu st b e cl osely m o nito r e d t o e n sur e th a t co nfo rmit y," says C BA Pr es ide nt B ri a n A. Ta b o r, Q C.
In a lett e r t o Ju stic e M ini s t e r V ic T oews, P ubli c Sa fe t y Mini s te r S toc kwell Da y a nd In d u str y M ini s t e r M ax im e Be rni e r, th e C BA say s th a t ISP s a pp ea r t o be in t r od u c in g a co nt e nt m o nit o rin g sc h e m e with o ut th e n eces sa r y pri o r a uth o ri za ti o n o r ove r sig ht
Th e m ove b y I SPs goes b eyo n d pr oposa ls co nt a in ed in B ill C - 74 , th e Modernizatio n of I nves t iga t ive Tech niques Act, in t r o du ced b y t h e fo rm er gove rnm e nt " Th e c urr en t ini tia ti ve b y I S P s ap p ea r s sig nifi ca ntl y m o r e intru si ve th a n th e p r ev io u s leg isla ti ve pr oposa l," says B ri a n T a b o r. " Wh e n it co m es t o lawyer- cli e nt co nfid e n t ia lit y, a h e ig ht e n ed le vel o f ca r e a nd sc rutin y are im pera ti ve."
Police Above the Law?
The CBA continu es to strongly oppose portions of the Criminal Code that place police officers and their agents above the Law '' These provisions fly in the face of the central premise of the rule of Law -that there is one Law that applies equally to all," ' says Greg DeLBigio of Vancouver, chair of the National Criminal Justice Section " Neither police nor their agents are justified in committing crimes in the name of Law enforcement." If the Law is retained, more safeguards should be put in place.
Greg DeLBigio presented the CBA views to the Standing Committee on Justice and Human Rights i n June.
CBA Letter:
T h e le tt e r to th e thr ee fe d e r a l M ini st e r s ca n be see n a t : http ://ww w .c b a.o r g/CBA/ submi ss io n s/ pd f/06 -3 1-e n g pdf
CBA Granted Leave to Appeal on Duty of Loyalty
CBA h as been gra nt ed leave to in te r vene at t h e S up reme Co urt of Ca n ada i n th e case of Da vis & Co. et al v 346492 0 Canada I nc.
* CBA Intervenes on Security Certificates
The CBA int e rvened at the Supreme Court of Canada on th e con stitutionality of immigration security c ertificates in June At issue were the rights of detainees in a process that allows closed court hearings, secret evidence, and Lengthy imprisonment without be ing charged.
Th e CBA's intervention focused on three ke y points:
• The right to effecti ve r epresentation by a La wye r becau se a hearing on the se curity cert i ficate may take place in secret, without participation of the detainees or their Lawyer ;
• An individual's right to Liberty;
• Judicial indep e ndenc e and impartiality.
Toronto immigration Lawy e r Lorn e Waldman is acting for CBA on a pro bono ba s is N ews r e lease : http :// ww w.cba.org/CBA/ N ews / 200 6_ Re l ea se s/ 2006-06 - 12 sec urit y. a s px
lawye r s ca n act fo r com m e r c ia l co m pe titor s, a nd th e limit s o n th e dut y o f lo ya lt y.
Go in g o n p a r ent a l lea ve? U n e mpl oyed a nd
act i ve l y see kin g emp loy m e n t? Fac in g
unfo r esee n eco n o mic h ards hip s o r
wo rkin g in th e p ubli c int e r es t a t g r ea tl y
r e du ce d in co m e ?
If yo u a r e c urr e ntl y a me mb e r in good sta ndin g whose m emb ers hip fees we r e pa id in full d urin g th e
pas t m e mb e r shi p yea r, yo u m ay b e eligibl e t o p a rti c i-
pate in o n e of th e fo ll ow in g Specia l P rog r ams to hel p yo u re tain CBA m e mb e r shi p:
BIRTH/ADOPTION BENEFIT PROGRAM
T h e CBA's B ir t h/ Ado pti o n Be n e fit P ro g r am is ava ila bl e to a ll CBA m em be r s o n pare nta l leave. Mem be rs in goo d stan d in g m ay be eli g ibl e fo r a m ax imum credit of tw el ve mo nth s to w a rd t h e ir me mb e r ship fees.
WAIVER OF DUES PROGRAM
T h e Wa i ve r of D u e s pr og r a m I S av ail a bl e to a ll r eg ul a r CBA me mb e rs w h o a r e un empl oye d a nd ac ti vely see kin g e mpl oy m e n t, o r o n a lea ve of a b se n ce d u e to illn ess o r d is a bilit y. App li ca nts wh ose CBA m emb e r ship is in goo d st a n d in g m ay be eli g ibl e to h ave th e ir fees wa i ve d for a pe ri od up to o n e yea r.
MEMBERS ' SPECIAL CIRCUMSTANCES FUND
T h e CBA's Membe r s' S p ec ia l C ir c um st a n ces F und was crea te d in recog niti o n of in d i v id u a l lawye r s w h o occas io n a ll y un der ta k e ex tr ao rd ina r y work in th e p ubli c i nt e r e st at a g r ea tly r edu ce d in com e.
Mem b e r s w h o t a k e o n wo rk in t h e p u b li c in te r es t and ge n e r ate ve r y m ini ma l in come ca n app ly to thi s f un d for th e pur poses o f r eq u est in g th e f un d pay fo r t h e ir CBA mem b e r ship fees for th e yea r. T h e CBA ap pl a ud s th ese ind ividu a ls fo r th e ir con tribu t io n to t h e lega l p ro fessio n a n d th e p ubli c a t la r ge
I f yo u a re int e r es ted in m o r e in fo r ma ti o n on any of o u r Sp ec ia l Pr og r ams, pl ease con t ac t t h e CBABC o ffice o r visit www.cb a. org/C BA/ me mbershi p to p rin t off the el ig ibili ty r eq u i r e m e n ts and a p p li cat ion forms.
S ub m it a ll a p p u ca ti on fo rm s by ma il to th e Ca nadia n Ba r Assoc ia ti o n , 500-865 Ca rli ng Ave nu e, O tt awa ON, KlS 5S8 o r se n d by fax to (613) 237 - 0 185. BT
NEW MEMBERS
T h e CBA BC B r a n c h we lc o m es it s n ewes t me mb ers !
T h e fo ll ow in g n ew m emb e r s h ave jo in e d in t h e
m o n t h s of M ay a n d June of 20 06 :
Regular Members
JAIME DANIELLE ASHBY
Je nsen Ca r ro ll Wa tt , Kam loops
JAMES R MUNRO
La ng M ic h e ner L L P, Vanco u ve r
CRISTIN J PEEL
Doak S h irreff LL P, Kclow n a
ANDREW PEN DRAY
M ur p h y, Batt is t a, Vanco u ver
JOANNA J PHILLIPS
McCu ll o u g h Pa r sons Blazina Victoria
MARIANA STORONI
Lawso n L u nd e ll L LP, Vanco u ver
GORDON THOMSON Victo ria
KAREN GHUMAN
So u t h Po i nt L aw Cent re, Su rr ey
Student Members - Articling Students
JENN I FER BROUGH
B ull Housse r & Tup per LLP, Va ncouve r
PAMELA COSTANZO
Port Moody
ANGELA FOLINO
F raser Miln e r Casgra in LLP, Vancouver
SANDEEP GI LL Surrey
PETER HEINEN
Cox, Tay lo r, Vic to ri a
DANA FLORENCE HOOKER
Fraser M il ne r Casg r a in L L P, Vancouve r
LEAH MACK
Woodwa rd & Co m pa n y, V ictor ia
BRYNNE REDFORD
Frase r M iln er Casg ra in LLP, Vanco u ve r
PATRICK SPINKS
Ha r pe r G rey L L P, Va n couver
CLAYTON R WHITMAN
Fa rri s, Va u g h an
Wi ll s & Mu r p h y LLP, Va n co u ve r
JESSICA VEE F rase r J'vlil ne r Casgra in LLP, Vanco uve r
Student Members - Law Students
KATHLEEN BIBERDORF S urr ey
ANNIE CHEN Bu rn aby
VIRG I NIE FRANCOEUR Vancouver
CORY GOODRICH
Va n co u ve r
CARA HUNT V ictor ia
DEBORAH LING
R ich mo n d
KRISTIN MCHALE V ictor ia
NATALIA MIKICIUK Coqu i t lam
KELSEY O"BRAY Victor ia
TAMARA OLDING Vic to ri a
CAROLINE PRICE Va ncouve r
JENNIFER SCHMIDT Vancouver
IVY SCOTT Va n couve r
ELIZABETH SEGAL Nort h Va ncouve r
DALEEN THOMAS
Brentwood Bay
ROWAN WEAVER
V icto ri a
CLAIRE WILSON
Ha l ifax
Section Update
Keep your practice current
The following are brief summaries of several recent Section meetings held throughout the province. More detailed information, minutes, and Section Papers from the Section meetings are accessible online at www.cba.org/bc for enrolled CBA members.
CRIMINAL JUSTICE- VANCOUVER
MEETING : May 17,2006
SPEAKERS: The Honourab le Chief Justice Finch, The Honourable Mr. Justice Leask, The Honourable Judge Ba ird Ellan
TOP IC: Advocacy : Perspectives from the Three Courts Judge Baird Ellan emphasized that the two most important things for counsel as advocates in provincial
TOP IC: The Challenges of Treaty Implementation
Win a CLEBC Gift Certificate
Course
$190 million in capital
treaty settlement comprises over 2,000 km 2 , or
Your personalized Section Enrolment form has been delivered I Complete your registration by August 15, 2006 to be elig ible for the "Early Bird transfers, and $40 million in adjusted dollars for the serv1ces Nisga ' a government provides to the people. The Nisga ' a Treaty's Implementation Committee has been key to their transition to the
Sign Up Bonus Offer' of four CLEBC gift certificates or courses. Sectio ns are a benefit of CBA membership and are restricted to CBA members. If we missed you, please cal l the B.C. Branch office at 604-687 - 3404 or toll-free at 1-250-687-3404 or pr int a form f r om t h e webs ite www.cba .org/bc. post-treaty environment. Good relationships with both the provincial and
Mr. Allen provided a brief history of the Nisga'a Nation which currently comprises 6,200 members, the majority of whom are located in the Nass Valley in northern British Columbia. The Nisga'a were the first to conclude a treaty with Canada since Treaty 8 in 1899 and the first to conclude a treaty with a provincial governm e nt since the James Bay Treaty in 1985 . The Nisga'a court are to be punctual for court appearances and to be prepared. Counsel should know the theory of their case, have a plan, and only ask questions that are really in issue. It is important to instruct your witness or client on proper courtroom decorum. Justice Leask opened his presentation by stating how important it i s to know something about the
judge whom you are appearing in front of. Look at your case from the judge's perspective. Ask yourself what you can do to assist the judge to be successful in your case. State what you want from the judge and why the judge should rule in your favour. Justice Finch highlighted the Court of Appeal's expectations of counsel to know what is in the record, and to be able to point the Court to various parts of the transcript if asked to do so. Counsel preparation is crucial for appellate advocacy. Justice Finch stated that counsel have to be courageous in their submissions but also realistic
ABORIGINAL LAW- VANCOUVER
MEETING: May 18, 2006
SPEAKER: Edward Allen, CEO of the Nisga a Lisims Government
BARTALK August 2006
the federal governments have been valuable.
CORPORATE COUNSEL AND BUSINESS LAW
JOINT MEETING: May 17,2006
SPEAKERS: Gaston Senior Deputy Commissioner of Competition, Competition Bureau. Gatineau. Quebec and Anthony F. Baldanza, Chair, Antitrust I Competi t ion and Market ing Law Group, Fasken Martineau DuMoul in LLP
TOPIC: Significant Developments in Competition Law
The presenters at this informative meeting reviewed recent significant developments in competition law, including those pertaining to mergers (Vancouver Port Terminal Grain Handling and CNR-BC Rail), cartels (Labatts) , reviewable trade practices (Canada Pipe), misleading advertising (Sears) and the competition - intellectual property interface (Eli Lily v. Apotex). The program also touched on recent
and potentially forthcoming legislative and administrative developments, including those pertaining to section 45 of the Competition Act (conspiracy), the regulated conduct defence, efficiencies, and transparency.
AIR LAW
MEETING: May 30, 2006
SPEAKER: Bill Yearwood, Regional Manager, Air, Transportation Safety Board of Canada (TSB)
TOPIC: Important Issues Facing TSB Today
Mr. Yearwood gave a presentation to the meeting on a number of recent incidents that the Transportation Safety Board is reviewing with some other comments on equipment and safety matters and how the Board collects evidence and distributes its reports. His Power Point presentation included interesting TSB statistics and recent significant investigations. In the 2004-2005 year, accidents in Canada were up 2 per cent and 15 per cent in B.C. Fatal accidents were up 42 per cent in Canada and 100 per cent in B.C. The TSB investigates about 400 occurrences every year in the Pacific Region.
TOPIC: Privacy Law and the Workplace I A Panel on PIPA and the Employment Privacy Guidelines
The panel of the above guest speakers discussed and offered comments on various privacy issues including the statutory review of PIPEDA that is being conducted this year. There is speculation that it may lead to PIPEDA having specific employee privacy provisions such as seen in the B.C. and Alberta PIPA's; the OPIC's April 10, 2006 publication "PIPA and the Hiring Process, FAQs"; Privacy breaches; and access requests.
FAMILY LAW- OKANAGAN
MEETING: May 9, 2006
SPEAKER: Glenn Robinson, Family Justice Services
TOPIC: Child Support Recalculation Service in Kelowna Mr. Robinson described this new service that is commencing on June 1, 2006 whereby child support orders will be recalculated. The Child Support
Recalculation Service Project (CSRS) will apply to the Kelowna, Vancouver, and Surrey Provincial Court Registries. The first Registry to be affected will be Kelowna (June 1, 2006) followed by Vancouver and then Surrey. CSRS is a child support service that will administratively recalculate child support amounts on an annual basis by applying the child support guidelines to updated income information. It is intended to be a cost effective way to update child support orders. The service will operate out of Vancouver.
WILLS AND TRUSTS- VICTORIA
MEETING: May 23, 2006
SPEAKER: District Registrar Carolyn Bouck
TOPIC: The Issue of Cost in Estate Litigation Registrar Bouck commented on the general guidelines that she uses to assess legal bills. She confirmed that charging clauses in Wills can pose a problem, such as in the cases where a solicitor wishes to charge for time spent by an assistant on an estate matter, but the charging clause does not permit this. She also commented that probate work should be charged separately from trustee work. Ms. Bouck provided speaking notes of Costs Assessments and Reviews of Bills in Estate Mattets to the attendees . BT
Pacific Legal Techn ology Con ference Come Togellier. Technology Face to Face
Pacific Legal Tech Conference - October 13, Westin Bayshore Vancouver
This incredibly popular event builds its programming 100 per cent from participant feedback - this year's tracks include Best of ABA Tech Show, Solo and Small Firm Practice, and Technology for Settlement. A new highlight this year is Adobe Acrobat specialist David Masters. All participants can also attend the ABA Law Practice Management Section reception and keynote speaker, Dr John lzzo - renowned author and consultant on Leadership and Workplace Culture. Visit www.pacificlegaltech.com for more information.
DAVID J B I LINSKY
A Fresh Start
A time to make changes
We can start all over - In the new beginning
We can learn, we can teach We can share the myths, the dream, the prayer The notion that we can do better h • Words and music by Tracy Chapman
Ihave always viewed September as the start of the New Year. Perhaps it was due to seeing September as the start of the school year for so many years. David J. Bilinsky is the Practice Management Adv i sor at the Law Soc i ety of B.C. E-ma i l: daveb@ l sbc org
Perhaps it was due to September being the end of the summer. The middle of winter always seemed to me to be an odd time to start making changes anyway. So with a view to making a fresh start in the fall, let us look at a few tips and techniques that we can use to positively change how our practices run:
GOALS:
What are your goals? As Yogi Berra said: "If you don't set goals, you can't regret not reaching them " In order to grow, all of us need goals that make us stretch out beyond our "comfort zone" and achieve things that were previously not even considered achievable . The death of progress is complacency Start by sitting down and writing out (or keyboarding) your goals for the next 12 months . By setting your goals (combined with ways to measure your progress toward those goals in a meaningful way), you move forward out of your comfort zone and look for ways to do things better.
ATTEMPTING TOO MUCH:
One of the other ways to stop any meaningful progress toward your goals is, perversely, to set too many of them - thereby diluting the energy that you can put into achieving any particular one of them.
After wnting out your annual goals- sit back and choose the one goal that has the most meaning for you. It could be a financial goaltypically, these are the first ones that come to mind when embarking on this path. However, rather than trying to work harder or longer or trying to squeeze that last efficiency percentage out from yourself and your staff, I believe that your time is better spent on building the foundation upon which financial success is dependent - and that means setting goals that relate to
strengthening the relationships that you have with your clients.
ASK, AND YE SHALL FIND:
Now, instead of acting on what you think will benefit your clients, do something different that does involve stepping outside of your comfort zone - and that is ask your clients what they would like you to do to better deliver your services to them. This means becoming quiet and opening up your firm to possibly receiving some negative feedback and engaging in actively listening to your clients' needs Once you have that invaluable feedback (and just asking can be the first step to strengthening the solicitor-client bond), then you can start developing ways to meet (and hopefully exceed) your clients' expectations by implementing their suggestions. But be cautioned - having taken that first step, your clients will now expect you to act in a meaningful way as you have now raised their expectations. Failing to properly move forward on their suggestions will clearly demonstrate lack of commitment, insincerity and a lack of desire to implement change not for your sake, but for the sake of the client.
BUDGET:
Goals can fail for other reasons, some of which relate to not providing sufficient resources (time, energy, and money) toward implementing the steps necessary to achieve change. It is rare that a firm lacks the financial resources to underwrite a goal exercise - typically, it is much more subtle than this. Usually it is due to the fact that, while the expression of and the commitment to a goal is high, the firm's compensation system is not adjusted to reward the behaviour that would result in the achievement of the goal. For example, if no reward is given to the hours that otherwise would be billable that are put into achieving the goal, the person who takes on the task is at a disadvantage when it comes to annual bonuses or draws that are dependent on meeting billable hour expectations The goal has simply fallen on barren ground.
LOOK INWARDS:
One of the other reasons that goal attainment fails is that a particular goal does not "light a fire" inside the person entrusted with the goal. Motivation- preferably internal but sometimes external - is the magic ingredient in someone finding the time and energy to produce change If the goal is badly matched to the person, then the project is off to a rocky start at best.
LEADERSHIP:
In most cases, the person entrusted with a goal-oriented project will not be the person cutting the firm's "red tape" and dealing with the inevitable political issues that are kicked up in any change process. Every successful project has someone acting as a mentor and leader, quelling the opposition and crafting the space and the resources that allow the "worker bees" to act, and shou l dering the weight of the process before it produces any measurable results The leader communicates the vision and the expected "pot of gold" at the end, s/he acts as a sounding board and ensures that political and other steps are not taken to undermine the work.
ADJUST TO CHALLENGES:
With any project, it is inevitable that the original vision and goals may have to be revised in light of new information. Being able to accommodate and adjust to changing circumstances allows the project
to gain life and not be a millstone around the neck of the firm.
MAKE SOME VISIBLE CHANGES:
Any new project should produce something tangible early in the process - if for no other reason than to demonstrate that you intend to make a bigger impact later in the process. If the project is big enough, consider bringing in a graphic artist, web designer, or legal marketing consultant and seek their input in ways to incorporate your vision, your goals, and your changes into the fabric of way the firm reaches out and communicates with your clients.
PROTOTYPE:
Start with a smaller scale test of your proposed changes to gauge the reaction(s) of everyone. This allows you to make adjustments while it is still easy to do so
In the end, the most important thing is to begin. By taking that first action (after all, the journey of a thousand miles begins with one step), you have taken the mental step to not be complacent with where you are and begin to share the myths, the dream and the notion that we all can do better. BT
The views expressed herein are strictly those of the author and may not be shared by the author"s employer, the Law Society of B.C.
Let Me Tell A Really Good Fable
Once Upon a Time
There was a really good lawyer who practiced at a firm filled with happy lawyers. They were so happy, they called their firm The Happy Firm . The Happy Firm had always had an eat what you kill philosophy, which was a good thing because those who wanted to work as hard as possible at the expense of their hearts, their marr iages or their kids' childhoods were free to do so; and those who liked to work a little less to save their hearts, their marriages and to see something of their kids were also free do to so. The only issue
Tony Wilson is a Franchise and Intellectual Property Lawyer at Boughton. He's written for the Globe and Mail,
the Vancouver Sun, and
E-mail: twilson@boughton ca was money; Lawyer "A" getting great, voluminous whacks of it and Lawyer "B" getting much less, but happily choosing a more balanced lifestyle. Everyone seemed happy with the model, which was why they called it The Happy Firm
The Gnomes were making life difficult for other lawyers who had been at The Happy Firm most of their lives. Many of these lawyers left The Happy Firm, and some were even escorted out of the office by security guards in much the same way people get escorted out in "24," only with less torture. Others came into work only to find their passwords had been changed, which is also the sort of thing that happens in "24" before their characters are bumped off.
Around the same time, our good lawyer was doing a lot of work for a fairly substantial client Mac/eans magazine.
One fine spring day, Gnomes from the mythical land of Tranna came to town to buy The Happy Firm, although many of the lawyers at The Happy Firm mistakenly thought it was a merger. Tranna was an important kingdom to the east where Gnomes were hardened by cold, dark winters, short humid summers, and a desire to rack up ridiculously high billable hours because there was little else to do there . The first thing the Gnomes did after assimilating The Happy Firm was to increase quotas and hourly rates to the levels the Gnomes were charging in their Tranna offices, notwithstanding the fact that neither The Happy Firm nor their clients were located anywhere near Tranna. This move effectively squeezed out anyone in The Happy Firm who wasn ' t collecting $600,000 a year and included our very excellent lawyer, who was starting to get Gnomish memos about his failure to collect $600,000 a year.
The client had heard there was a Big Problem at The Happy Firm, and asked: "why don't you come workfor us," which is just what our good lawyer did. He gave his notice within the hour, but because he was going in-house with a big client, he wasn't ushered to the door by security or otherwise given the Jack Bauer treatment.
And on his first day at the new job as in-house counsel with this long standing (and very important) client of The Happy Firm, he yanked every single file and moved it somewhere else, making it clear to the Gnomes they would never see another nickel in fees as long as he was there. He still is. The moral of the story is that human nature being what it is, turnabout is fair play, revenge is a dish best eaten cold, and sauce for the goose is sauce for the gander. It's a small world and an even smaller profession. Lawyers leave firms for a hundred different reasons. When they do, they become your alumni and an important source of goodwill and referrals. Law firms who treat their- soon to be- former lawyers badly will discover this lesson the hard way
The End. BT
New Service Online
Shared Articles Registry
The CBABC, along with UBC, UVic and the Law Society of B.C., identified a need
amongst law firms as well as law students to initiate a program that expedites and makes more accessible the concept of shared articles. The Shared Articles Registry provides a centralized resource for students and all British Columbia law firms who are interested in the shared articles option.
A searchable database where firms may post their need for an articled student, specifying length of articles available, and practice
Patricia Jordan is the CBABC
Manager, Interactive Media. She welcomes your comments,
questions and s uggestions
Tel: 604-646-7861
E-mail: pjordan@bccba.org
areas covered is avai lable at www cba.org/BC in "Initiatives." Look under "Shared Articles Registry" for information on available shared articles, the Law Society's Admission Program, and the law firm registration form.
WOMEN LAWYERS FORUM (WLFI Did You Know?
The WLF has its own area under "Sections & Groups" at www.cba.org/BC.
WLF reports are published in "Women Lawyers Forum" under "Sections & Groups "
WLF events are posted on the events and Sections calendars and on the home page under "Current Events."
Information on the Mentoring Program is available online.
WLF members can JOin their listserv by sending an e-mai l to webmaster@bccba.org.
Information on the National WLF is available at: www.cba.org/CBA/new _Conferences/ Women_La wyers
ASK THE WEBMASTER What is phishing?
Phishing is the practice whereby a fraudster sends an e-mail fallaciously claiming to be a legitimate enterprise in an attempt to trick the rec1p1ent into disclosing private information. If the recipient clicks on a link within a deceptive e-mail, a window opens with what appears to be the site address of a legitimate business or financial institution. Phishers often set up fake sites at one location on the Net, while making it appear as if the recipient is accessing a legitimate site else-
where. Another method is the use of a URL that appears to be the name of a well-known company but is slightly altered by intentionally adding, omitting, or transposing letters. Phishing quick facts:
• In June 2006, the Anti-Phishing Working Group (www antiphishing.org) reported that more than 11,900 fraudulent (phishing) sites were discovered in May.
• The average length of t im e a fraudulent site is on line is five days. How to avoid a phishing scam:
• Be suspicious of any e-mai l with requests for personal and financial information.
• Don't click on links in a suspicious e-mail to get to any website.
• Use anti-spyware, firewall, and anti-virus software.
• Ensure that your browser and security patches are up to date. BT
See Site du jour on page 11
PATRICIA JORDAN ON THE WEB
ACTS IN FORCE
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 the Act. The Bill number has been g iven to make it easier for you to note up the Bills you may have in your library
CURRENT FROM MAY 9, 2006 to JUNE 15,2006
Legislative Update is provided as part of the CBABC legislative and law reform program It is a service funded by CBA membership fees, and is therefore provided as a benefit of CBA membership. The full vers i on of Legislative Update is now published on li ne, available to CBA members exclusively at www.cba org/bc
ACTS IN FORCE
ATTORNEY GENERAL STATUTES AMENDMENT
ACT, 2006,S.B.C. 2006, C. 11 [BILL 171
Sections 9 to 11 in force
September 1, 2006. Sections 7 and 8 in force July 1, 2006. Sections 1 to 5 in force June 14,2006
ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2005, S.B.C. 2005, C. 1 [BILL 41
Sections 1 to 4 in force June 1, 2006
Stuart Rennie
B.C. Branch Legislat i on & Law Reform Off i cer
Tel: 604-949-1490
E-mail : srenn i e @bccba.org
FISH PROTECTION ACT,
S.B.C. 1997, C. 21 [B I LL 251
The definition of "local government" in section 1 (1) is in force May 19,2006
MOTOR VEHICLE AMENDMENT ACT, 2004, S.B.C. 2004, C. 68 !BILL 661
Section 22 in force June 1, 2007
PUBLIC SAFETY AND SOLICITOR GENERAL STATUTES AMENDMENT ACT, 2006, S.B.C. 2006, C. 28 [BILL 311
Sections 17 to 57 and 59 to 66 in force June 1, 2007
Where Have All the Lawyers Gone?
C BAB C su r vey s th e co stly problem of asso ciat e att rition in British Columbia
Resea rch b y Ca t a lys t Ca n a d a h as sh ow n that it cos ts $3 15 ,000 in tr aining and administra ti ve cos ts ev er y tim e a n a ssoc ia te lea ves a firm ' A s part of a se ri es of articl es conc e rnin g th e ch a ll en ge o f e ffec ti ve a ss oc ia te a ttr a cti o n a nd re tention , th e C B A BC r ece ntl y co ndu cte d o ur own sur vey t o un cove r m e mb e r p e r ceptions o n th e issu e
Wh a t do you feel is the attrition rate of new associates in British Columbia in an average year?
Here's one lawyer's view on why new associate s most often leave the profession: " Ex pe ct a ti o n s, pa rti c ul a rl y in pri vat e pr ac ti ce, a re ve ry ch a llen g in g As kin g so m eo n e t o m ee t bill a bl e ta r ge ts o f ove r 1650 plu s d evel op a b o ok o f bu sin ess r equir es th e t y p e o f d e di ca ti o n th a t t a ke s ove r a lm os t a ll o f your life . On e d ay it hit s yo u , ye ah , yo u ' r e makin g a g r ea t sa la ry , but by th e t im e yo u p ay fo r a ll th e t a k e
o ut fo od yo u bu y beca u se yo u h ave n o tim e t o coo k , pa y fo r a cl ea nin g la dy b ecau se yo u h a ve no tim e to k ee p yo ur pl a ce tid y, pa y r e nt or high mortg age fo r a downtown a partm e nt beca u se yo u n ee d to be cl ose to th e o ffi ce to w ork yo ur m a d hour s, a nd yo u bu y ve r y ex p e nsi ve t oys a nd h o lid ays b eca u se "y ou d ese rv e it " sin ce it justifi es yo ur lon g h o ur s, you r e ally a r e not makin g th at mu ch mor e than so m eo n e else w h o h as m o r e tim e t o coo k th e ir ow n m ea ls, cl ea n th e ir ow n h o m e, a nd does n ' t feel th e compul sio n to bu y, bu y, bu y to mak e th em feel be tte r fo r n o t h av in g mu ch of a life "
On a sc a le of 1 to 4, where 1 is very important, how important is this issue to your firm?
At wh a t point in their legal caree r do you feel new associates mo st often lea ve the profe ssion?
,£---
1 2 3 4
For more on what 115 lawyers had to say about the issue of associate retention, see the full survey results at www.cba org/bc/cba_publications This is an exclusive benefit available t o CBA members only. BT
'Ca t al ys t [20051. Beyon d a Reasonable Doubt : B u ilding t he B u siness Cas e for Flexib il ity.
Associate Attraction and Retention
Voices from around British Columbia
Law jiTms across the province face both shared and unique associate attraction and 1'etention challenges. The CBABC conducted interviews with a variety of jitms in orde1· to examine these issues from a Tegional perspective.
MID-SIZE FIRM- B.C. INTERIOR
Vancouver law firms tend to be most appealing to recent law school graduates because of their central location and competitive salaries, whereas firms in more remote areas tend to attract those native to the region or those with established "root" in the community. Firms in smaller communities are offering innovative associate compensation packages, studying trends on associate attrition/retention and are providing up-to-date information technology.
SOLO PRACT ITIONER- VANCOUVER ISLAND
Lawyers must have solid experience in diverse areas of law to be effective in a small town practice. Firms have to invest significant time and capital in new hires before they can be effective in this context. Retaining new associates can be difficult - once they develop a solid client base, there is little incentive, financial or otherwise, not to enter into private practice. On the "plus side," in small communities there is less competition for partnership positions and lower expectations on new associates to work excessive hours or make unreasonable lifestyle compromises.
LARGE FIRM -TWO OFFICES- VANCOUVER AND SUBURBS
Firms with both "downtown" and "burb's" addresses can find it difficult to draw young associates to their out-of-city address. New lawyers often prefer to be both working and living in an urban area and many eventually balk at a regular commute to an office in an outlying locale. However, these firms tend to have high retention rates with newly married associates working and living at their suburban addresses.
PUBLIC INTEREST FIRM - NOT -FOR-PROFIT
At public interest law firms, the consistently high level of interest in advertised posts seem to indicate that new lawyers find the prospect of practising in a not-for-profit setting appealing. Funding new posts is the only barrier to attraction of new associates. On the retention side, a large percentage of new hires remain with these organizations for the duration of their careers; a fact that has been attributed to the rewarding nature of the work, flexible hours, and positive working environment.
SMALL FIRM- VANCOUVER
Consistently offering interesting and attractive work to new associates is a challenge facing small Vancouver based firms. New associates expect engaging work from the beginning of their careers and are seeking out firms that can provide it. To achieve a higher rate of retention, a significant amount of time is spent "babying" new associates and paying attention to their needs and concerns.
LARGE FIRM- VANCOUVER
More than ever, new lawyers have a greater diversity in career options. These include working in in-house counsel positions and management opportunities in the business world. This puts pressure on large law firms to offer a flexible working environment and consistently pay attention to the needs and concerns of new associates
SPECIALIZED FIRM
Lawyers in specialized law firms find that the technical difficulty of certain areas of law makes it difficult to ident i fy and attract prime associate candidates. They also battle a perception that as one's specialist value increases, one's general practitioner's knowledge decreases.
There was a general consensus that the arduous demands of the profession, long hours and the desi1'e to start families are all key 1'easons why associates seem to be leaving the profession of law BT
Are Associates Entitled to Their Entitlements?
Or is there more to keeping and attracting star associates?
Whether tt's across the ocean, across the country, or across the street, it seems there's an associate moving every day to pursue new opportunities in this hot l ega l market. Managing Partners know it isn ' t cheap replacing associates, yet high attrition rates continue. Many partners comment on this "new generat ion ," arguing they lack commitment, or possess a sense of "entitlement," caus in g more frequent and rapid departures by associates when these "entitle-
Warren Smith
Recruitment Consultant, The Counsel Network
Phone : 1-877- TCN-VANC
feedback so they can better contribute and develop into firstrate lawyers. Making time (the annual associate review is not enough) to periodica lly review assigned responsibilities, including how tasks were handled (good and bad), and how associates can build upon their exper ience will help give them a sense of inclusion and meaningful development at the firm.
THE BIG PICTURE
Another associate "entitlement" is a sense of being included in the E-mail : smith@headhunt.com. ments" are not fully sat isfied. Some firms have tr ied to solve the problem by increasing sa laries. This has met with limited success. Wh il e sala r y increases may provide short-term solutions, this strategy has proven largely unsuccessful in improving associate retention over the longer term. In fact, money is rarely the determining factor when pondering career options. Rather, "entitlements" associates look for when assessing career op ti ons inclu de:
RECOGNITION
Whi le nobody loves working through the weekend, associates have nonetheless proven a (sometimes begrudging) willingness to work long hours. What they won't stand for is repeatedly logging those hours without some recognition for their efforts. A coup le of tickets to a hockey game or dinner out with their spouse on the firm, coupled with a genuine "thank you," can go a long way to making star associates feel they are a valued member of the team.
FEEDBACK
Most associates take great pride in doing good work, and are simply looking for constructive
"big picture." Attending client meetings, hearings, and understanding the context in wh ich tasks are assigned allows associates to better ass ist on files- it gives them a better sense of ownership over their work, encourages th em to find innovative solut i ons, and a ll ows them to better ant icipate client needs. This will frequently lead not only to h appier clients, but a lso happier associates.
PREDICTABLE BONUSES
Whereas partner compensation is often based on a percentage of billings, associates instead rely on a salary plus a "discretionary" bonus - which can be frustrating when trying to understand ho w one's value at the firm is calculated. In response, some firms have moved toward guaranteed bonus thresholds, based on billable hours. While not perfect, these models have proven popular amongst associates, giving greater certainty and consistency in determining assoc iate compensation.
In the end, these "entitlements" are fairly inexpensive to implement, particularly when balanced against the cost of losing a star associate. Implement them all, and you may find your firm entitled to keep all your associates! BT
FEATURE WARREN T. WILSON, QC
Lateral Hire and Conflicts- To Hire or Not to Hire
Following the Mauin v. Gray case in the Supreme Court of Canada in 1990, the B.C. Law Society amended the Professional Conduct Handbook to insert Rules 7.1 to 7.9 of Chapter 6 These provisions set out institutional devices and procedures to follow in connection with lateral hires Recruiting partners and lawyers changing firms should read Chapter 6 Rules 7.1 to 7.9 and be vigilant in following the procedures set out therein Recent events suggest that they are not.
Warren T. Wilson, QC is a
retired partner at the Vancouver office of Borden Ladner Gervais LLP where he
A firm wishing to make a lateral hire should do as follows: is currently responsible for lateral hire recruitment and is Chair of the Conflicts
1. Ascertain from the lateral hire all current matters involving the hiring firm on which the lateral hire has worked and ask each mem -
3. Have the lateral hire execute an undertaking not to participate in the hiring firm's representation of its client or disclose any confidential information respecting the former client.
4. If consent is not forthcoming from the former client then
consider if it is in the interests of justice that the hiring firm continue to represent its client and take reasonable screening measures or withdraw the offer of employment . Appendix 5 to the Professional Conduct Handbook sets out guidelines to be followed in setting up screening measures.
Committee Mr. Wilson is a Life Bencher and Past President of The Law Society It is important to insert a condition precedent relating to conflicts in any letter offering employment to a lawyer who has practised with another firm in case problems arise. of British Columbia He was elected Chair of The Law ber of the firm to provide information on all current Foundation of British Columbia in January 2006. files where the other side is represented by a firm for which the lateral hire has worked Compile a list of all responses for review by the lateral hire and for affirmation that the lateral hire has no relevant confidential information relating to such files.
2 If the lateral hire is unable to affirm as provided in 1 above, then review with the lateral hire Chapter 6 of the Handbook and in particular Rules 7.4 and 7.5. If the lateral hire has relevant confidential information seek consent from the former client to the hiring firm's continued representation of its client If the lateral hire has relevant information that is not confidential, follow the procedure outlined in Rule 7.5.
Some law firms assume it is in the interests of justice for every case to stay with the law firm that has acted in the past. Such firms set up screening measures and expect to convince a court that they have taken proper steps if challenged. I am not aware of any cases that say screening measures will protect firms in all circumstances.
If a hiring firm intends to rely on screening measures, they must be set up immediately upon arrival of the lateral hire or commencement of a new conflicted matter. In the recent British Columbia Supreme Court case, Alcan Inc. v. Fmns, Vaughan, Wills & MU1phy, the court held that screening measures set up 17 months after Farris commenced to act were not adequate and Farris was required to cease acting. BT
Change Your Practice Group Into a Powerful Practice Circle
Try this - At your next practice group meeting remove the table and set your chairs up in a circle and see what happens I guarantee that over time this simple technique will change the way you communicate, the way you treat each other and the way you conduct business.
Let me explain. Six years ago, I came upon a powerful technique for resolving deep-rooted organizational conflict: Corporate Circles. In a Corporate Circle a team or department meets for several hours to discuss what has been happening in the workplace, how it has impacted each of them and how to move forward At the end of the conversation, the group devises an action plan or blueprint for
Maureen Fitzgerald PhD is the
author of Corporate CirclesTransforming Conflict and Building Trustjng Teams. She is a lawyer, mediator, conflict expert and the author of six books. Her company, Center Point - Conflict & Collaboration Inc. is dedicated to resolving conflict and building trusting teams. Reach her at
it must get past any hard feelings, and it must engage in activities that will rebuild trust. All three things happen in a Corporate Circle.
When people speak in a Circle, a number of things happen. First, people recognize others as fallible human beings - with needs and wants. Even individuals who do not like each other tend to relate on a fundamental level when they begin to converse. Second, by sharing information about themselves, they become more attractive and as a result others grow more cu rious. This curiosity and resulting understanding are the very things that build relationships and ultimately a sense of belonging.
As we learn about others, we also begin to see a bigger picture www.CenterPointlnc.com.
moving on. The real benefit of these Circles, however, is the enhanced sense of trust that emerges during the discussions. As each person begins to see other perspectives they begin to appreciate how interrelated the situation is. They began to feel empathy for each other, move past resentments, and re-establish a foundation for trusting relationships.
As I began conducting more circles, I began to realize that this process could be applied to team building- especially since the key to any successful team is trust. Without trust, workplaces become fragmented institutions where individuals are only interested in protecting themselves and their jobs. This lack of trust destroys cooperation, negates the possibility of teamwork, and ultimately interferes with the effective operation of any organization.
I discovered that in order to build trust a group must do three things It must communicate together,
and how we are connected. This prompts a sense of caring and the entire relationship shifts. The relationship not only becomes more productive and easier but also more enjoyable.
If while sitting in a circle you are able to create a safer place for a conversation, creativity will surface. When comfortable, people let go of their inhibitions, fear of saying something silly or offending othersand are more willing to canvass solutio n s that might not be articulated in a less safe place. This creative problem solving, like improved relations, has a lasting impact- both in and outside the Circle.
No law firm can afford to have ineffective practice group meetings No law firm can afford the potential loss of creative ideas that might result from a lack of candid conversations. Any law firm that is serious about growing and thriving should consider sitting in a circle Who knows, it might just be the solution to "herding cats ." BT
LSS Continues to Develop Family Law Services
The Legal Services Society (LSS) recently relaxed restrictions that had limited most legal aid representation services in family law to matters involving violence or the potential removal of children from the province
We now provide financially eligible people with representation for several issues that previously required approva l under the
Mark Benton, Executive Director
Legal Services Society (LSS)
family matters; and visits to the Family Law in B.C. website increased by 41 per cent over the previous year. In addition, 446 lawyers accepted legal aid referrals to represent clients in more than 4,500 family law cases
Nonetheless, spending for family law last year was lower than we had projected. In part, this was due to start-up difficulties for this year's roll out of Supreme Court Duty Counsel in some locations. society's exception review process . We made the change because we found we had been granting this service for most clients who face issues such as serious denial of access to children or im prisonment as a result of maintenance enforcement committal proceedings.
This is the latest in a series of family law developments that include providing duty counsel in the courts, limited referrals that allow lawyers to unbundle services for clients who can't avoid going to Supreme Court (e.g., those with cases involving property or variation of an existing order), and extended referrals
In addition, we so far have been unable to attract the number of limited Supreme Court referrals we had projected. As well, private lawyer billings were down for preparation hours in regular cases and we received fewer than anticipated requests from lawyers to access extended services for clients with high conflict cases .
"We encourage lawyers to take
advantage of the various legal
aid
family law clients to evaluate LSS representation, advice, self-help, and information serv-
Earlier this year, the society initiated a review of all its family law services to help identify where to direct LSS resources and determine which services should be expanded, and how. This work involves interviewing where lawyers are funded to take high conflict cases to trial.
Since 2002, LSS has re-focused its work to test and implement
what happens when problems re-emerge.
We anticipate making further family law improvements once we have received and assessed the final results of this review, which should be available in September. In the meantime, we encourage private lawyers to take advantage of the various legal aid services available on behalf of their clients. More information about these services is available on the LSS website (www.lss.bc.ca/Newsroom/Fact_sheets.htm) BT
services available for their clients." ices, and find out how people deal with issues over time, including innovative ways to provide clients with the type of service most likely to help them achieve the earliest possible resolution to their legal problems. While serious gaps in family services remain, LSS new advice and information services are meeting a significant number of client needs. In 2005/2006 alone , some 204 lawyers handled more than 18,700 family duty counsel issues at 46 Provincial Courts and 13 Supreme Courts; LawLINE responded to over 6,500 calls on
Zanzibar Conference on Legal Aid and Access to Justice
Law LINE
Manager Allan Parker recently joined three other Canad ian lawyers and CBA East Africa Project
Director Jennifer Khor at a conference on legal aid and access to justice in Zanzibar, Tanzania. Held on May 17 to 19, the conference was part of an access to justice initiative sponsored by CBA's International Development Program with funding provided by the Canadian International Development
mode l s, public legal educat ion, using technology to access justice, the role of paralegals, and advocating for l egal aid. Prior to the conference, the Canad i an role included developing the agenda, writing a number of panel papers, and researching resource materials. At the conference, duties included chairing some panels, presenting, and facilitating sma ll group discussions. The conference concluded
[Left to r ight) Al lan Parker, Catherine Christopher, with the development and presentation action plans for promoting l egal a id on Jennifer Khor. Brian Holtby , Mary Marrone
Agency. Also attending were Catherine Christopher from Ca lgary Legal Gu id ance, Brian Holtby of the Canada Department of Justice, and Mary Marrone of Ontario Legal Aid.
The setting was a resort and conference facility just south of the historic city of Stonetown, on Zanzibar Island. The Zanzibar groups of islands (two main islands and several smaller ones) were federated with Mainland Tanzania in 1964; the islands are sometimes known as the Spice Islands, and reflect a fascinating mix of African, Middle Eastern, and South Asian cultures.
Over sixty local participants were drawn from Tanzania (Mainland and Zanzibar), Uganda, Kenya, Ethiop ia , Rwanda, and a regional bar association, the East Africa Law Society Participants included members of the local bars, law societies, university law clinics, legal assistance providers, and NGO advocacy groups. The conference consisted of several panel presentations, small group discussions, and group reports. Topics included legal aid delivery
a country-by-country basis.
Several of the papers and presentations from East African attendees reflected the harsh realities of access to justice in many of their countries Essentially, there is little or no public funding available for legal aid; most members of lo cal bars are concentrated in large cities leaving legal help inaccessible for large portions of the rural population; and NGO services are under-resourced. The sense is that much of the population in all the countries represented at the conference have minimal or no knowledge of their basic legal rights . There are systemic challenges in the slow pace of many court systems; local bars are seen as being resistant to required or even voluntary pro bono obligations; and there is a pervasive undercurrent of concern about political and justice system corruption. Yet, attendees also reflected a spirit of hope around justice issues. The conference itself provided an opportunity for networking and a sharing of ideas, and the CBA hopes to be involved in follow up activities to encourage implementation of the action plans. BT
Facilitating Access to Justice
Giving back and getting back
The ongoing success of the Multiple Sclerosis Society of Canada, B.C. Division 's Volunteer Legal Advocacy Program (VLAP) can be attr ibuted to participating lawyers from twenty-six firms, as well as a successful partnership with Davis and Company. The goal of VLAP is to provide pro bono legal advice and representation to individuals living with multiple sclerosis in the Lower Mainland, Victoria, Nanaimo, Kamloops,
Kenneth Armstrong
"make the world better for people like my Dad."
With financial assistance from the Law Foundation and Notary Foundation of B.C., the Division established VLAP in 2001 to try to respond to the overwhelming number of calls from people with MS seeking legal advice or representation and support. People with MS are often faced with legal challenges, such as human rights, employment Lawyer, Cassady & Company and volunteer for VLAP Program
Kelowna, Prince George with possible expansion into Nelson and Pentiction. The program supports individuals who are unable to afford legal assistance and are ineligible for any other legal aid programs Since its inception, the program has been able to assist over 800 individuals gain access to justice. What motivates these dedicated lawyers to not only join, but also to continue to volunteer their time with VLAP?
Speaking with Kenneth Armstrong, a five-year volunteer with the program, one gets a sense of the pride he feels for the legal profession's involvement in the community. Ken is aware of the difference his
people with a disease that has
personally affected me without
significantly affecting my practice."
equity, insurance, income security, estate planning, and family law issues. They are also often forced to leave the workforce prematurely, greatly diminishing their financial security For many, income is procured solely from disability benefits; moreover, MS symptoms pose challenges to selfadvocacy, self-care, and financial management. Ken's assessment that one of his VLAP files ranks as "one of the three most sat isfying files of my career" serves as a poignant and telling testimonial. Taking on one pro bono file per year (commitment asked of VLAP volunteers), Ken views his participation as an "opportunity for me to help legal skill set and knowledge can make in the lives of p eople affected by MS. He explains that "Lawyers are able to help someone who might not otherwise be able to
have access to justice."
VOLUNTEER LEGAL ADVOCACY PROGRAM
for volunteering one's time and is certain his work with VLAP has garnered excellent "word of mouth" support for his practice.
For more information on VLAP please contact Heather Armstrong at 604-689-3144, 1-800-268-7582 or heather.armstrong@mssociety.ca. BT
Finally, while Ken "can't overstate the feel-good element of the work," he recognizes there is a strong business case to be made Ken is personal! y connected to the disease and understands first-hand the impact MS can have on a family, as his father was diagnosed with MS in 1995 at age 53. When he came across a VLAP advertisement in an issue of Ba1-Talk it seemed like a "natural" way to help. Not only has this been an opportunity to learn more about how others deal with MS, but it also provided a way to
Accountability Act Needs Amendments
While many aspects of the Federal Accountability Act - Bill C-2 - are commendable, the CBA says that some parts of the legislation may hinder the administration of justice and the rule of law, and thwart the very goals the Act was meant to promote.
In a 21-page submission delivered to the Special Legislative Committee on B ill C-2, the CBA comments on the following aspects:
• The Access to Information Act would restrict accountabi lit y and transparency in government;
• Is there a need for a Director of Public Prosecutions outside the Department of Justice?
• Whistleblower legis lation does not go far enough;
• The Lobbying Act unduly restricts the practice of law and increases administrative burden for not-for-profit organizations. It requires further study.
Women Making a Difference
Miller Thomson's Women's Leadership Initiative hosted its annual "Women Making a Difference" speaker series event at the Sutton Place Hotel on May 17, 2006, with guest speaker Vancouver Sun Editor-in-Chief Patricia Graham. Ms. Graham made an engaging presentation to about 90 women professionals and business people about her thoughts on leadership, based on her experiences as leader in the Vancouver Sun newsroom.
Miller Thomson's Women's Leadership Initiative was launched in Vancouver in 2004 to develop leadership skills of the women in the firm, and provide opportunities for women clients to network and celebrate community leaders. In addition to the speaker series, the Women's Leadership Initiative holds internal meetings and workshops in Vancouver to provide networking, mentoring, and training opportunities for women lawyers in ways that reflect the unique situations of women in law.
August 13-15
August 22-26
September 7-8
September 12
September 17-22
September 27
September 28-29
September 29
September 30
CBA Canadian Legal Conference and Expo (StJohn's, Newfoundland)
International Association of Young Lawyers 44th Annual Congress (Geneva, Switzerland)
CBA Annua l Pan-Canadian Insolvency Conference (Hilton Hotel Lac Leamy, Ottawa/Gatineau)
New Westminster Bar Association Bench and Bar Dinner
International Bar Association 2006 Conference (Chicago, USA)
Fraser Valley Bar Association Meeting (Melange Restaurant, Langley)
CBA 2006 Annual Fall Conference on Competition Law (Hi lt on Hotel Lac Leamy, Ottawa/Gatineau)
CBA Conference: International Law CLE (Palais des Congres de Montreal, Montreal (Quebec)
CBABC AGM and Provincial Council (Delta Airport Hotel)
* Arts and Entertainment
We offer up to 20 per cent off regular prices for some of Vancou ver's most popular attract i ons and sporting events, includ i ng discounted day passes to Play l a n d. Vis it the websi t e for ticket info
CBABC Home and Hospitality Exchange Registry
This Registry caters exclusively to CBA members traveling within Canada, the USA and international destinations. Through the Registry, members may arrange short and long-term home exchanges Members can also host other members in their home or be hosted CBA members with a second home or with access to temporary accommodations need not exchange homes on t h e same dates. For the out-of-town weddi ng, graduation, conference, or for just getting away, the Registry offers a no cost alternative to pricey hotels. The easy-to-use Registry makes family vacations, senior/retired vacations, and work- r elated home and hosp itality exchanges both attractive and affordable. Home exchangers live like locals, not tourists, shopping in neighborhood markets and cafes
Visit the website for details and a listing of available homes, www cba.org/bc (see "Mem ber Savings" under "Membership").
Making Booking Hotels Easy
MeetingMax online bookings help
nt s ve ry simpl e a nd e ffi c ie nt a nd a ll o w you to see th e h o tel yo u will b e bookin g a lo ng with o th e r pe rtin e nt hotel and a re a info rm a ti o n
M ee tin g M ax is fa miliar with ve nu es a nd h o tel s a ll o ve r N o rth Americ a and is co nstantly e x pandin g it s se rvi ce s . Th e y a r e co ntinu a lly upd a tin g th e C BAB C's l is t of cont a ct s a nd insp e cting loc a ti o n s to be sur e th a t w e a r e curr e nt , so that you d o n ' t h ave to be . The CBAB C is pr o ud o f thi s n e w se rvi ce fo r it s m e mb e r s and h o p es t o pro vide gre a t va lu e fo r ye ars t o co m e !
For d e t a i ls, visit ww w.c b a.o r g/b c (s ee " M e mb e r Sa vin gs" und e r "M e mb e r s hip " ).
Attention Sports Fans
CBAB C is proud to offe r it s m e mb e rs gr ea t di sc ounts for Van co uv e r 's favourit e s ports t e am s. We h a ve tea m e d up with th e Va n co u ve r Whit eca p s t o o ffe r m e mbers a 20 p e r ce nt dis count on ti c k e t s, as w e ll a s with B C. Li o n s to offe r di sco unt e d g am e and se a son tick e t s. Join u s in supp o rting th e local s port s t ea m s, a nd be n e fitin g th e C BA scholar s hip fund .
Opera Tickets for Members
CB A BC h as partn e r e d with th e Van co u ve r O p e r a to offe r di sco unt ed O p e ra tick e t s fo r m e mb e r s, th e ir famili es a nd sta ff. C B A BC m emb e r s r ece i ve a di sco unt of up to 35 p e r ce nt o n se lec ted ti ckets P lease vi sit th e we b sit e for d e tai ls o n h ow to pur ch ase yo ur di sc ount e d ti c k e t s Check out www.cba.org/bc, (see "Member Savings" under "Membership") for current and upcoming promotions. We are continually searching for new opportunities to pass along great savings to CBABC members.
Bar Moves K 71
Have you recently changed firms or opened a new firm? Send submissions [ma x imum 25 words) to Bar Mo ve s at cba @bccba.org.
IIIII
CHIRA CHILLIAK (Liti ga ti o n) , FARZAD FOROOGHIAN (S ec uriti e s) a nd KHORSHID HAKEMI (S ecuriti es ), e ach call e d to th e Bar o n M a y 17th , hav e jo in e d th e Va n couv e r offic e o f L a n g Mich e n e r, L LP in th e ir r es p ecti ve pr ac ti ce ar e a s.
SHARON J. MORRISROE h as b ee n a pp o int e d G e n e r a l Co unsel , Co r po r a t e Se cr e t a ry a nd Se ni o r VP (subj e ct to r eg ulatory a ppr o val) at Raym o nd Jam es .
MARK HOPKINSON h a s le ft Oye n Wi gg s G r ee n & Mut a la LLP to jo in P ea k Inn ov ations In c , a n inno va ti ve h o m e impr ove m e nt pr o du c t s comp a n y, as Ge n e r a l Co un se l (Intell e ctu a l Pr o pe rt y & Liti ga tion )
GORD THOMSON has op en ed J. Go rdon Th o m so n , L aw Co rporation , a Victoria practic e r estricted to int ell ectual p ro p e rt y law.
JUDITH BOER h as jo in ed th e firm Sulem a n & Co. wh e re sh e w ill practis e immi g ra tion , re fu gee , a nd citi ze nship la w
T h e lawy e rs o f GREYELL MACPHAILL ha ve jo in ed toge th e r w ith th e employm e nt and lab o ur lawy e rs o f Og ilvy R e n ault to form a n e w firm: Rop e r Greyell.
MICHAEL NIELSEN h a s join e d th e Vi ctori a offi ce of
J.M. Youn g & Assoc iat e s a ft e r pr a cti cin g fo r seve ral yea rs w ith H a milt o n Dunc a n Mich a el's pr ac tic e is in e mployment and human ri g ht s, civil litig a tion and p e r so n a l injur y.
AMY D. FRANCIS a t ax liti ga t o r a t th e D e pa rtm e nt of Ju stice is jo inin g L eg a cy T ax + Trust L awye rs to pr ac tis e est a t e and trust liti g ati o n.
Young Lawyers (Victoria) Bicycle Their Way to Heart Health
On June 6, 2006, the Young Lawyers [Victoria) Section pedaled the 29-seat "Big Bike for Stroke" as the "Bicycling Barristers." The Bicycling Barristers raised $4 ,744 for the Heart and Stroke Foundation of B C which, combined with their barri ster's t-shirts and the occasional cotton ball barrister's wig, earned them the Team Spirit Award for Victoria.
Everyone had a great tim e , and the y hope to make this an annual event.
CBA Practicelink: Selling vs. Closing a Law Practice
While selling a law practice to another qualified lawyer usually does not violate codes of ethics; that does not mean it's a universal fact of professional life There are times when practices are closed rather than sold, even when ethical ru l es permit a sale This month on CBA Practicelink. learn how to decide between selling or closing your il law practice.
Check out the site's new podcasts, interactive features, and newsfeeds at www.cba org/practicelink
CLEBC Update
ADVISING BRITISH COLUMBIA BUSINESSES
CLE is del i ghted to announce the launch of its longawa ited pract i ce manual of B.C bu siness law and practice: Advising British Columbia Businesses. The Bar asked CL E to create a broad-ranging h andbook on giving adv i ce to all types of businesses. Advising Brit i sh Columbia Businesses offers the t ype of information that good mentors pass on to their jun i ors, with an emphas is on ""how to·· and practical tips. The publicat i on covers all stages of advising a business, from the f i rst meeting w ith the client [where the client has a new business) until the point just before the company goes publ ic [but not beyond). Key forms and precedents are included, as well as an accompanying CD, and the book includes all the regular finding aids, including a statute table and a subject index.
Advising British Columbia Businesses was spearheaded by a blue-ribbon editor ial board and prepared by a team of 20 esteemed authors The new book will be launched as part of CLE"s Business Basics conference on September 28, 2006
For detai l s of the conference and the book, please call CLE"s customer service at 604-893-2121 or 1-800-663 - 0437, or visit CLE's website at www cle.bc.ca. CLE congratulates all partic i pants for this outstanding contribution to t h e profession.
CBABC and UBC/UVIC Mentorship Programs
CBABC and the UBC and UVIC Law Schools will be hosting their annual Mentor Program Receptions -in October at UBC's Cecil Green, and in November at UVIC. These receptions are a chance for volunteer mentors to enjoy a relaxed evening with colleagues and their 'mentee' law students.
The Mentorship program is an excellent opportunity for law students to gain an inside perspective on the legal profession. Mentors are encouraged to interact with their students in whatever way works best for the pair, including discussing files, observing court appearances or talking about life in the legal profession.
The Mentorship Program needs lawyer volunteers for the 2006/07 year. If you are interested in participating, please contact the UBC CBA Student Representative Candace Cho at ubc_cba_mentorship_program@yahoo.ca, or UVIC Representative Matthew Synnott at vpexternal@lss.law.uvic.ca. This is a great chance to help out budding lawyers and encourage CBA membership
Child Support Recalculation Service Pilot Project
On June 1, 2006, the Ministry of Attorney General is implementing the Chi ld Support Recalculation Service Pilot Project (CSRS) in the Kelowna Provincial (Family) Court, under the authority of the Family Relations Act (s. 93.3 and regulation 129/2006)
CSRS is a child support service, which will administratively recalculate child support amounts on an annual basis by applying the child support guidelines tables to updated income information. This new service represents a culmination of the original vision contemplated with the introduction of child support guidelines in 1997. CSRS will assist parents to keep their child support amounts current, in relation to the payor's income, without the need to return to court. This will ensure that children continue to benefit from the support to which they are entitled, and that payors support obligations remain current with their ability to pay.
The CSRS is mandatory for all Family Relations Act orders for child support made on or after June 1, 2006 in the Kelowna Provincial (Family) Court. However, there are some limited circumstances in which the CSRS will not recalculate. Parents with written agreements may opt into the project.
CSRS only accepts income tax information as the source of up to date income information. When payers do not submit their income tax information as required, the service will apply a 10 percent increase to the income that was used to determine the current child support amount Only recalculations that result in changes of$5 or more will result in a change in the child support amount to be paid Special or extraordinary expenses will not be recalculated.
THE@LAW FOUNDATION
OF BRITISH COLUMBIA
T h e Board of Governors of th e L aw Foun da t ion of B.C. met on J une 24, 20 06. Cha ir Wane n Wi lson, QC is pleased t o announce th a t f unding tota lli ng $ 4, 0 91, 965 has been app roved f or con t in u ing programs an d ,·m all p roj ects:
Funding totalling $3,756,922 was approved for the following 16 continuing programs:
$2,190,200
B.C. COURTHOUSE LIBRARY SOCIETY Ope r ati ng Expe n ses 2007
$486,800
B.C. PUBLIC INTEREST ADVOCACY CENTRE Operati ng Expenses 2006/2007
$247,100
CON BAR ASSOCIATION, B.C. BRANCH
D ia l- A- L aw, Lawyer Refe rr a l and Law Week 2006/2007
$90,000
ABBOTSFORD COMMUNITY SERVICES SOCIETY AND PROGRESSIVE INTERCULTURAL COMMUNITY SERVICES SOCIETY L ega l Advocacy Prog ram 2006/2007
$90,000
B.C. COALITION TO ELIMINATE ABUSE OF SENIORS
Lega l Advocacy P rog r am 2006/2007
$81,102
CRANBROOK WOMEN 'S RESOURCE SOCIETY
Trave llin g Pove r ty Law A d vocate Prog ram 2006/2007
$75,000
KI-LOW-NA FRIENDSHIP SOCIETY
Lega l Advocacy Se r vices for Abor ig ina l Peop le L iv in g Off-Reserve 2006/2007
$71 ,100 YELLOW PAGES GROUP
Adver ti se m en t of Pub li c Lega l Se r vices 2006/2007
$70,000
KETTLE FRIENDSHIP SOCIETY
Me nta l Hea lth Legal Advocacy Prog ram '06!07
$59,500
TOGETHER AGAINST POVERTY SOCIETY
Lega l Advocacy Prog ram 2006/2007
$58,960
PORT ALBERNI FRIENDSHIP CENTRE
Lega l Advocacy 2006/2007
$57,160
ACTIVE SUPPORT AGAINST POVERT Y Lega l Advocacy Program 2006/2007
$55,000
POVNET SOCIETY
PovNet P rog ram 2006/2007
$45,000
MPA- MOTIVATION, POWER, AND ACHIEVEMENT SOCIETY
Cou r t Serv ices P r og r am 2006/2007
$40,000
CONTACT WOMEN ' S GROUP SOCIETY
L ega l A d vocacy Program 2006/2007
$40,000
S FRASER WOMEN 'S SERVICES SOCIETY Lega l Advocacy P rog ra m 2006/2007
Funding totalling $335,043 was approved for the follow ing 25 new small project grants:
$15,000
CON PARAPLEGIC ASSOCIATION (B.C.)
Continuing Care Act Researc h
$15,000
COMMUNITY CONNECTIONS
!REVELSTOKEI SOCIETY
Co mmu nity Advocacy
$15,000
EN'OWKIN CENTRE
Okanaga n Abor igina l Ju s ti ce Ma n ual
$15,000
IMPACS- INST ITUTE FOR MEDIA , POLICY, AND CIVIL SOCIETY
Cha r it ies and Democracy Project
$15,000
JOHN HOWARD SOC. FRASER VALLEY
Advocacy G uid e for Visito rs in Federal f nstitutions
$15,000
JUDITH MARCUSE PROJECTS
A I R Works hops
$15,000
MARU ART AND RESEARCH SOCIETY
Rac ia l P rofi li ng - I mpacti ng Commu n ities S u rvey and Research Project
$15,000
NICOLA VALLEY COMMUNITY JUSTICE SERVICES SOCIETY
G ui de to Lega l H elp i n Ru ra l B.C.
$15,000
SAFE HARVEST COALITION
Fa r m Worke rs' Lega l Educa ti on Proj ec t
$15,000
TERRACE WOMEN'S RESOURCE CENTRE SOCIETY
L ega l Ease Wo r kshops
$15,000
UNION OF B.C INDIAN CHIEFS
Aborigina l Lega l Ed ucatio n for Hi g h Sc h oo ls
$15,000 WEST COAST LEAF
Learning the Laws, Challenging ViolenceAdapted Cu rriculum for F irst Nations Yo u th
$15,000
WESTERN CANADA SOCIETY TO ACCESS JUSTICE
2006 Access Justice Northern B.C. Televideo C li nic Developme n t Pro ject
$14,630
CANADIAN FORUM ON CIVIL JUSTICE
C ivil Justice Focus Groups: P romot in g A lli a nces for C h a nge
$14,540
NORTHERN WOMEN ' S WELLNESS INFORMATION CENTRE
Brow n Bag Lu nch Se r ies: Empower ing Wo m e n t h roug h L ega l Educatio n
$14,000
NORTH SHORE COMMUNITY RESOURCES
North Sho re I n format ion a nd Advocacy P roject
$14,000
SAINT PAUL:S ANGLICAN CHURCH Lega l Infor m ation Se lf-Help Project
$13,675
KELOWNA WOMEN ' S RESOURCE CENTRE
Community E d ucat iona l Wo r ks h ops
$12 ,665
ECOTRUST CANADA
Fi rst Natio n s Crow n Refe rr a ls Too l k it Update
$10,728
ASSOCIATION DES JURISTES D'EXPRESSION FRANCAISE DE LA COLOMBIE-BRITANNIQUE
Jo urn ee de droit- Law Day Conference
$10,110
PRO BONO LAW OF B.C. Non-Profit Law Sem i nars
$10,000
NORTH SHORE MULTICULTURAL SOCIETY
Fa r si Fam il y L aw Ed u cat io n P roject
$9,900
SUNSHINE COAST WOMEN ' S RESOURCE SOCIETY
Employee Rights in the WorkPlace- Lega l Education Project
$8 ,500
CANADIAN INSTITUTE FOR THE ADMINISTRATION OF JUSTICE
Dialogue between Courts and Tribunals- Essays i n Adm inistrative Law a nd Just ice
$7,295
GREATER VANCOUVER LAW STUDENTS LEGAL ADVICE SOCIETY
Website and IT Resource In itiative
There were 27 applications for small projects that were not funded. August 200 6 BARTALK 27
CLASSIFIED (per line)
CBAB C Mem b er s/ Fi rm s
Comm erc ial Or gan iz ations
Ne xt deadline : Se pte mb er 8
DISPLAY
3" X 2 5"
CBA B C Members/ Fi rms
Com m er c ial Orga n izat i on s
6 " X 2.5"
CBA B C Membe r s/F i rms
Com m er cia l Orga nizat i on s
Ne x t deadline : Septem ber 8
INSERT !all of B C !
CBABC Me m be r s/ Fi rm s Co m merc i al Organ i zations
Ne xt deadli n e: Se pt em ber 15
Ne xt m ai li ng : Octo b er 13
DIRECTORY
ri es to : Jesse Tar botton
Comm u ni cat i ons Co - ord in ator Tel : 604 - 646-7856 or 1-888-687-3404 E-ma il : jt arbot t on@b ccba.o r g
