CBA legislation and law reform agenda ensures Bar input
While politics can and does lead to the occasional public dispute between the Canadian Bar Association and Attorneys General, the important work of legislation and law reform carries on regardless of media headlines. The CBA has long served as a resource and advocate in the development of laws by federal, provincial and territorial governments.
As part of the National law reform agenda, the CBA co-sponsors with the Department of Justice an annual meeting of Section leaders and federal government lawyers involved in legislation and law reform activities. On November 3, 2006, more than 275 CBA and DOJ lawyers and senior staff met in Ottawa for a full day of briefings and consultation on current and proposed legislation. This was the 18th year of the joint meeting, and this year set a new record for attendance and scope of issues covered.
The day consisted of 22 separate and concurrent meetings, each focussing on specific areas of law and covering a host of legal issues facing Canadians. Among the hundreds of topics covered were some of the following highlights:
• environmental protection (Green Plan II)
• aboriginal matrimonial property rights
• self-defence, mandatory firearms penalties, and age of protection
• separated/divorced parent consents on passport applications
• Unified Family Court
• health records and the U.S. Patriot Act
• federal mandatory mediation
• PIPEDA and the Access to Information Act
• NAFTA/Softwood Lumber Agreement
• objections and appeals under charities law
• Canada Labour Code
• maritime law reform
• time limits for discharge of mortgages
“This meeting is a tribute to the invaluable relationship that exists between the Canadian Bar Association and the federal Department of Justice,” said Janet Fuhrer, Chair of the National Sections Council and co-host of the meeting. “The development of good law requires taking the time to talk through the policy rationale and “real life” implications of change, and this meeting offers a professional, open forum for that discussion.”
At the Branch level, the CBABC is often asked for input on proposed changes in the law and to the justice system. Each year, hundreds of lawyers provide their time and expertise pro bono to help ensure the development of the law in B.C.
“CBA lawyers are essential partners in the development of the law in Canada,” said CBABC President Frits Verhoeven. “Lawyers have the expertise and experience to pinpoint potential legal problems before they occur, and the fact that our members volunteer their time and energy to this work every year is something that deserves our recognition and thanks.” BT
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CBA/UBC
MENTORSHIP PROGRAM RECEPTION – Unprecedented TURNOUT AND A BIG SUCCESS!
Send your L ETTERS TO THE E DITOR to: Caroline nevin, barTalk Senior editor
Canadian bar Association, b.C. branch
Fax: 604-669-9601
Toll-free fax: 1-877-669-9601
e-mail: cnevin@bccba.org
This year’s CBA/UBC Mentorship Program, jointly sponsored by both the Canadian Bar Association and the UBC Faculty of Law Career Services Office culminated in the CBA/UBC Mentorship Program Reception held at Cecil Green House on the evening of October 24th, 2006.
The purpose of the CBA/UBC Mentorship Program is to facilitate and build mentoring relationships between the practicing bar in the Greater Vancouver area and law students. It is a way to try to bridge the gap between the study and practice of law, and an opportunity for students to learn from and network with lawyers.
This year over 170 local lawyers were matched with UBC Law students, which is about a 25 per cent increase from last year’s program. While most mentees were first year students, there were also a large number of second year mentees, and even a handful of third years.
The turnout at the reception doubled from last year, and one could feel the energy of all the mentors and mentees at Cecil Green House at UBC, as they drank, ate, mingled. It was a successful networking event and many mentees and mentors found themselves in conversations with mentees or mentors other than their own. It was also a great chance for students to catch up with their friends, and for lawyers to catch up with their peers who they may not have seen each other for awhile due to their busy practices.
Two prestigious CBA Awards were also awarded at the ceremony to two students for their outstanding academic achievement, as well as their service to the law school and the community. This year’s recipient of the CBA B.C. Branch Award was Ashleigh Keall, Law II, and the recipient of the CBA Finance Services Award was Stephanie Case, Law III.
As the CBA/UBC Representative, Candace Cho wanted to thank all of the lawyers who signed up to be mentors and to all who attended the Mentorship Reception. She encourages you all to follow-up with your mentees throughout the year, and to arrange for other, more casual meetings over coffee or lunch to continue building on your mentorship relationships. If you have any questions, concerns or feedback about the mentorship program, please don’t hesitate to e-mail Candace Cho, at ubc_cba_mentorship_program@yahoo.ca.
Have you moved? Let us know!
If you have changed firms, addresses, 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 toll-free (phone 1-888-687-3404, fax 1-877-669-9601).
The Experience Gap
I’ve often thought about how fortunate I am to be working in a profession that rewards experience as much as the practice of law. Experience makes us better lawyers. The public knows this and is generally prepared to pay more for a more experienced lawyer. This is of great comfort as our personal legal odometers pack on the miles.
Frits verhoeven President 2006/2007 b.C. branch Canadian bar Association
By definition, lawyers newly called to the Bar don’t have experience. The experience gap between junior and senior lawyers results in a natural collaboration between them. This doesn’t only apply to newly called lawyers. Even after many years at the bar, we benefit from the advice and assistance of others more experienced generally or in relation to the specific matter at hand.
Lawyers have always been very generous to each other in terms of providing advice and guidance to colleagues. CBABC’s Practice Advisory Panels are an example of that. So are CLE courses and CLE’s wonderful practice manuals. In my own experience, whenever I have called a lawyer for assistance, time was freely and generously given, even if I did not know the lawyer I was calling beforehand. It is ironic and amazing that most lawyers readily give away the very commodity that they make their living by selling. Collegiality in the legal profession may be threatened, but it is far from gone.
Whether formalized or not, mentoring has always been a vital part of the practice of law.
We usually think about mentoring from the point of view of the benefits to the mentee. But in fact everybody benefits from mentoring: the mentor, the mentee, the law firm, the public, and the profession. It makes perfect sense to become a mentor even
for purely selfish reasons. Here are some advantages for the mentor:
1. The ability to delegate work, leading to the capacity to take on more work, including more interesting or remunerative work;
2. Practising collaboratively, leading to greater satisfaction with practice, and better quality of work;
3. Backup for vacations, or for spending time on other endeavours, such as Bar or community activities;
4. Enhanced associate retention;
5. Revitalization of practice;
6. The inherent satisfaction that comes from teaching.
There is plenty of written material on the topic of mentoring. There are several good articles on CBA Practice Link: www.cba.org/practicelink. Just type in the word “mentor” and several articles will appear. Other articles are available on the website of the American Bar Association Law Practice Management Section: www.abanet.org/lpm.
CBABC’s Women Lawyers Forum has an active mentoring program. Over the course of the past three years, it has matched approximately 238 women. Information about this mentoring program is available on the CBABC website in the Women Lawyers Forum area.
The Branch also has mentoring programs in conjunction with both the UBC and UVIC Faculties of Law. Information about these programs is available on the Branch website.
However, the Branch does not presently operate a mentoring program for all members. Please let me know if you think we should. BT
cBABc’s Member Services Activities Member deals
or member frustration
Both the B.C. Branch of the Canadian Bar Association and the National organization operate member services programs. Indeed, the B.C. Branch is the only Branch to operate its own member services program.
The National member services program offers services such as car rentals and national hotels and, through the related organizations of Canadian Bar Insurance Association and Canadian Bar Financial Services Corporation, insurance and financial services including an RRSP program.
Frank kraemer, QC executive Director b.C. branch Canadian bar Association
The Branch has arrangements for such things as Canuck hockey tickets, Whistler/Blackcomb ski passes, some live theatre performances, local hotels, and so forth. The Branch program is developed and monitored by our diligent Member Services Committee chaired by Victoria member Hunter Gordon.
From time to time, I have experienced the wrath of members who have made enquiries of member service providers, particularly car rental and hotel accommodation providers, where the rates that have been quoted to them as CBA members are substantially higher than rates they are quoted without reference to their CBA membership.
When we receive those complaints, we investigate them and almost invariably, the lower rates have been provided because either the car rental company has put on a special deal or the hotel has a substantial number of vacant rooms and wants to fill them. Although we have negotiated that our members will never pay above the CBA rate, we have never been able to negotiate that they will always receive the lowest possible rate. It is for
this reason that we advise members to enquire as to the lowest available rates.
Some of our B.C. member services provide undoubted value to members and generate few if any complaints. One of the best that springs to mind is our ability to provide lawyers’ briefcases and barristers’ bags with custom embossing at very competitive prices. Hockey tickets and ski passes are other top-of-mind examples.
There is no question though that from time to time members feel that they are in fact, not getting preferred rates from those suppliers endorsed by the Branch. This leads me to ask the question: should the Branch bother with such arrangements at all? They do take up a substantial amount of staff time to negotiate the arrangements, to advertise them, to collect the orders and to distribute the products.
On the other hand, many service providers furnish the Branch with direct revenue in exchange for access to our membership. That revenue assists the Branch to enhance the services it can provide to members because this is revenue generated over and above membership dues.
I raise all of this to invite members to provide their views to me as to whether or not the Branch should continue providing these types of member services. It is my intention to raise this question directly with the Branch’s Member Services Committee as part of its annual work. Also, if there are other services you would like the Branch to make available, I would like to hear about them. Please feel free to contact me here at the Branch, 10th Floor, 845 Cambie Street, Vancouver, British Columbia, V6B 5T3 or by e-mail fkraemer@bccba.org. BT
CBA Advises Caution on Proceeds of Crime Amendments
The CBA told the Finance Committee studying Proceeds of Crime Act amendments that Bill C-25 is being rushed through without adequate time for stakeholders to assess the full impact. For example, the bill would significantly expand the regime for sharing information with foreign governments.
Ron Skolrood, of Vancouver, Chair of the National Constitutional and Human Rights Law Section, appeared before the Commons Committee on Nov. 2. At the same time, he noted the CBA “commends the government for recognizing the fundamental importance of solicitor-client privilege by explicitly removing legal counsel and law firms from the reporting requirements under the Proceeds ofCrimeandTerroristFinancingAct.”
Read more uuuhttp://www.cba.org/CBA/News/2006 _Releases/2006-11-02_c25.aspx.
CBA Proposes Amendments to Accountability Act
While many aspects of the FederalAccountabilityAct–Bill C-2 – are commendable, the CBA says that 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. The CBA’s 21-page submission (presented on Oct. 23 to the Senate Committee on Legal and Constitutional Affairs by National First VicePresident Bernard Amyot) focuses on four key points:
CBA Condemns Proposed Changes to Judicial Appointment Process
The CbA fears that changes to the judicial appointment process – and the way they were introduced – could seriously undermine public confidence in the process, said CbA President J. Parker macCarthy in a letter to federal Justice minister vic Toews. While the CBA supports some of the changes, “we must conclude that the overall impact is to undermine the purpose of identifying the best candidates and removing partisan influences,” says the letter. The CBA is calling for consultation and debate on the issue.
The nov. 17 letter to the minister followed a CbA news release issued nov. 10, immediately after the changes were announced. Parker macCarthy said the new proposals “stack the deck” in the committees, increasing the appearance of politicization and creating greater opportunities for patronage.
The Globe and mail, national Post and many CanWest newspapers across Canada, as well as CBC Radio and Vancouver’s CKNW interviewed Parker macCarthy at length.
Letter to Justice Minister uuu
http://www.cba.org/C b A /submissions/ pdf/06-51-eng.pdf.
News release uuu
http://www.cba.org/C b A / n ews/2006_ r eleases/ 2006-11-10_judicial.aspx.
• Lobbying Act: “The proposed requirement of monthly reporting of communication between lobbyists and senior public officers would drastically increase the risk that lawyers would be forced to violate their ethical duty to maintain client confidentiality. There should be a clear exemption for communications where confidentiality is required by law.”
• AccesstoInformationAct: Amendments to the AccesstoInformationActwill reduce accountability and transparency in government. The CBA proposes a “public interest” override – already in place in many Canadian jurisdictions – and that time limits apply to all exemptions.
• Whistleblowing legislation: The CBA notes the bill gives incomplete protection to whistleblowers, and it recommends an expansion of the legislation. Whistleblower legislation should protect not only public officials who make disclosures that are lawfully required, but also those who make disclosures that are lawfully permitted.
• Director of Public Prosecutions: While it is important that prosecutors be free from political interference, there is simply no need for a Director of Public Prosecutions, says the CBA. Existing agencies and procedures make a proposed DPP redundant – a “solution in search of a problem.”
Read more uuu http://www.cba.org/CBA/News/2006_Releases/2006-10-23_accountability.aspx.
Keep Conditional Sentences, Says CBA
The National Criminal Justice Section says that Criminal Code amendments (Bill C-9) calling for the elimination of conditional sentences for many categories of offences should not be enacted, and proposes alternatives that would better protect public safety by disallowing their use for serious, violent offences.
“The CBA supports measures that will lead to a safer society,” says Adrian Brooks of Victoria, member of the National Criminal Justice Section. “However, that goal requires more than relying only on incarceration. Conditional sentences provide an important alternative, and are often appropriate for less serious or non-violent offences.”
The CBA favours an approach that takes into account all sentencing principles and that relies on judicial discretion in sentencing. “A wide range of sentencing options enables trial judges to design a balanced, just and appropriate sentence for each individual case,” says the CBA submission, presented to the Commons Committee on Justice and Human Rights on Oct. 4.
The Canadian Bar Review Special Edition on Ethics, Volume 84 (2005), Issue 3, is available online (http://www.cba.org/CBA/Canadian_Bar_ Review/Main/) and is available in print in December. Articles include:
• Who Are “Clients?” (And Why it Matters), by Allan C. Hutchinson
• Beyond Conflicts of Interest to the Duty of Loyalty: from Martin v. Gray to R. v. Neil, by Richard F. Devlin and Victoria Rees
• Service of the Crown: Are Ethical Obligations Different for Government Counsel? by Deborah MacNair
Members interested in receiving a copy are asked to e-mail review@cba.org.
Expansion of Legal Aid Services to Family Clients
“We are making a number of improvements so we can do more to help people solve their problems without going to court and, in situations where all else fails, to make sure people with serious problems get the legal representation they need,” says Executive Director Mark Benton.
“Our focus continues to be early intervention and early resolution,” Benton adds, noting that it’s important to provide the type and amount of service that is appropriate for each client’s circumstances. The improvements broaden existing legal advice and representation services.
Read more uuu http://www.lss.bc.ca/newsroom/news_releases.asp.
Call to Action for Court Challenges Program
The CbA has called on the federal government to reinstate the Court Challenges Program and the law Commission of Canada, and provide longterm financial stability for both programs through increased funding. That was the message delivered by CbA Counsel melina buckley of vancouver, and CbA Director of legislation and law reform Tamra Thomson of ottawa, to the Commons Standing Committee on Justice and Human rights on nov. 6.
That presentation was the latest step in the CBA’s strategy designed to ensure that the language and equality rights of all Canadians are guaranteed. In october, President J. Parker macCarthy, QC, wrote an open letter to Prime minister Stephen Harper following the September announcement of the cuts.
As part of the strategy, the CbA has sent a letter to opposition Justice critics and lawyer mPs to encourage them to support reinstatement of the CCP and to bring that message to their caucuses. For the full CBA strategy – including what individual members can do – please visit the CBA website.
Read more uuu http://www.cba.org/CbA/news/ccp.
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.
AdMiniStrAtive LAw – vAncoUver, LABoUr AND CONSTITUTIONAL/CIVIL LIBERTIES
JOINT MEETING: october 18, 2006
SPEAKERS: Paul Pearlman, QC, Fuller, Pearlman, mcneill; Frank Falzon, Frank A v Falzon law Corporation; neena Sharma, ministry of the Attorney General
TOPIC: Commentary on mckenzie v. minister of Public Safety and Solicitor General et al. (2006) bCSC 1372
At this meeting attended by 47 Section members, counsel for the parties discussed highlights of the decision and provided their perspectives. Paul Pearlman, QC, laid out the facts of the case and stated it was the product of an “amazing” collaboration. Mary McKenzie was determined to go forward with her case and to not accept the consequences of the government’s actions. Frank Falzon emphasized this case’s significance to the administrative justice community, the Bar and the public and he praised the efforts of the B.C. Council of Administrative Tribunals to become involved. Mr. Falzon outlined several reasons why this case is important. Ms. Sharma was not involved as counsel for this case but teaches administrative law and expressed how this case was an important example of the intersection between tribunal and constitutional law
Adr – vAncoUver
MEETING: September 19, 2006
Join a Section listserv!
listservs are convenient ways for Section members to share information, and ask and answer questions through e-mail. Section listservs are intended to provide an effective and active vehicle for member communication. learn more about this Section enrolment benefit online at www.cba.org/bc under “Practice Resources.”
meaningful conflict resolution processes, with an emphasis on mediation. He discussed his recent experience in Uganda where at the university in Kampala he taught and worked with professionals and Masters students in Peace and Conflict Studies. Culture is “the shared and learned patterns of thought and behaviour, characteristic of a given population.” Conflict is described as “a difference that matters.” Terry emphasized that all behaviour makes sense and that as conflict resolvers we need to be curious about how and why. We must be very aware of one’s own embedded cultural norms in conflict and try to take a broader “worldview,” i.e. listening to the conflict story, finding out what is real for the players and what is valuable, pay attention to metaphors and similes which are attached to powerful interests. Mr. Harris presented detailed notes to members on this meeting topic.
criMinAL JUStice –VANCOUVER
MEETING: october 18, 2006
SPEAKERS: Terry milewski, reporter for the CbC national; kim bolan, reporter for the vancouver Sun; Joe bellows, QC, Crown Counsel TOPIC: The role of the media in Criminal law
SPEAKER: Terence W.e. Harris, mediator and lawyer
TOPIC: Cultural Assumptions in Conflict: Perspectives for Conflict resolution
Mr. Harris shared his insights into how cultural assumptions affect one’s ability to engage in
Mr. Milewski focused on the issues that journalists face when covering criminal law proceedings. He addressed the gap between the concept of freedom of publication/expression and the criminal law trial process. Some examples of impediments to the press are: publication bans, the failure to notify the media of upcoming applications for discretionary publication bans, reporters’ inability to access court exhibits, as well as reporters’ inability to record court proceedings. Ms. Bolan, a Vancouver Sun
reporter since 1984, said that a journalist’s role is to expose the truth about important issues, noting that reporting often occurs before charges are laid or the matter is in court. She described the press as being the public’s representatives who are “bridges” between what the public perceives is going on in the courts and what is actually happening. Joe Bellows, QC, senior Crown Counsel, identified conflicting interests and perceptions in relation to media and criminal trials. Mr. Bellows advised that if Crown counsel is unwilling or unavailable for comment, the Provincial Crown has a Communications Section whose representative is Stan Lowe. He noted that the B.C. Criminal Justice Branch Communications Section is the only one of its kind in Canada.
FAMiLy LAw – weStMinSter
MEETING: october 18, 2006
SPEAKER: master Peter keighley
TOPIC: Supreme Court Judicial Case Conferences Master Keighley outlined and discussed with members what can be achieved and how to best prepare to achieve the desired results at Judicial Case Conferences. Master Keighley gives the clients an introductory explanation of the JCC process at the beginning of the JCC and talks about confidentiality, the meaning of “without prejudice” negotiations and the type of orders that can be made. The purpose is education and to set the clients at ease so that they can participate in the process. Some items on his “Do” list for a successful JCC include: make full documentary and financial disclosure in advance of the JCC, particularly if there is real property or substantial financial investments involved as disclosure reduces suspicions between the parties; and formulate a settlement proposal in advance.
wiLLS And trUStS – vAncoUver
MEETING: September 26, 2006
SPEAKER: D. Peter ramsay, QC, Chair of the british Columbia Law Institute’s Succession Law Reform Project
TOPIC: Wills, estates and Succession: A modern Legal Framework (June 2006) – Report of the BCLI’s Succession law reform Project
This meeting, attended by 52 Section members, heard Mr. Ramsay outline the key recommendations for law reform set out in the project committee’s report in the areas of wills, the Wills Variation Act, intestacy, estate administration, survivorship presumptions,
the administration of small estates and certain miscellaneous issues. He informed the members that the report was delivered to the Attorney General in June 2006. Consultation meetings with respect to the report between the project committee and Ministry of Attorney General staff responsible for policy and legislation were underway. The Executive Summary contained in the report can be found at www.bcli.org. It highlights the key recommendations for law reform.
woMen rAinMAkerS – vAncoUver iSLAnd
MEETING: September 28, 2006
SPEAKER: Anne Chopra, equity ombudsperson
TOPIC: role of the equity ombudsperson
Members attending this informative meeting heard Anne Chopra discuss her role as the Equity Ombudsperson at the Law Society of B.C. that funds her services though she is independent of the LSBC. Ms. Chopra’s position exists to help counter workplace discrimination and encourage workplace practices that promote equity. The services through Ms. Chopra are confidential and are available free of charge to law firm staff, law and articling students, lawyers, human resource administrators, and law firm managing partners. Ms. Chopra, in her role as Equity Ombudsperson, helps prevent discrimination, resolves concerns over possible discrimination, and promotes healthy work environments. The presentation outlined situational issues and experiences, types of discrimination and the available options if you are being victimized. BT
Try Out a Section Meeting For Free!
Interested in an area of law you haven’t yet signed up for? See a fascinating topic coming up in another Section? not yet a CbA member but want to see what we offer? Come to any meeting of your choice – just fill out the form included with this month’s BarTalk, and bring it to the meeting. Go to www.cba.org/bc and click on Sections to see the full calendar of events and speakers to pick from!
Helping Those Help Themselves
Being supportive brings its own rewards
Don’t forget this fact, you can’t get it back; cocaine
Words and music:
J.J. Cale, recorded by e. Clapton
Perhaps you have noticed unexplained changes in the mood and behaviour of a long-standing employee. Or it could be that a partner has started to show signs of increased stress, their weight has undergone a change, they are acting out of character and the interest in their work has dropped off dramatically. Or it could be that you are becoming concerned about how you are using alcohol to forget problems and relax (Columbia University Medical Centre defines “heavy drinking” as five drinks/day, five times/week). Any of these could be signs that someone may be dropping into addiction. In any case, the cost of addictions is staggering – The United Way (2003) states that the health, social, and economic costs of substance abuse to Canadian society in a single year is estimated at $18 billion.
David J. bilinsky is the Practice management Advisor at the law Society of b.C.
e-mail: daveb@lsbc.org
While we entrust the treatment of addictions to professionals, law firms must deal with the effects of the addictions – on their staff, on their partners, on their clients and of course, on themselves. Most importantly, once a person recognizes their addiction and turns for help in conquering this most difficult of problems is how a caring and supportive firm can assist a valued staff member or partner to overcome their addiction and be integrated back into the workplace with a minimum of turmoil and disruption, to the benefit of both the organization and the person involved.
There are many types of addictions: they are usually divided into: substances (Drugs, alcohol, tobacco, cocaine, opiates, stimulants, hallucinogens, inhalants,
club drugs, prescriptions drugs, steroids, coffee) and behaviours (gambling, eating disorders, compulsive sexual behaviour, compulsive Internet use). Each one has its own effects on the individual, family and the workplace and place their own demands on those nearby in order to be overcome.
So what can a supportive legal employer do for its staff to assist them in overcoming their struggles with addiction? Here is a selection of suggestions put forth in this regard:
• Flexible Work Arrangements: There are many ways for an organization to allow staff members to keep their job while working thru their treatment for an addiction. Assuming that their treatment involves attending a nearby treatment facility on a fairly constant basis, the law firm could offer flexible work arrangements that include working at home, flex time (where longer hours are banked to allow for absences from the job), job sharing and time off or reduced work hours to attend treatment.
• Leaves of Absence: If the treatment is more intense and involves a period of time in treatment, the employer could offer job guaranteed leave to attend the treatment, dependent on the successful completion of the treatment program, without jeopardizing either the person’s career advancement or position in the firm.
• Employee Assistance Programs (EAP’s) : Interlock services are available to lawyers, articled students and their immediate families (http://www.interlock-eap.com), while the Lawyer’s Assistance Program (LAP) is available to lawyers, their families, support staff and articled students (www.lapbc.com).
Both of these services are funded by The Law Society of British Columbia. In addition, legal employers may also establish EAP’s for their staff to assist not only with addictions but also with a wider range of personal issues.
• Recommendation of Treatment: The Hazelden Foundation conducted a “Workplace Addiction Survey” in 2003 of HR professionals at 200 U.S. companies – from Fortune 500 giants to small businesses. This study revealed that:
o o o
Almost all (over 80 per cent) would recommend treatment for an addicted executive or a rank-and-file worker alike, rather than merely firing them.
Nearly three quarters (72.6 per cent) of respondents believe that employees who sought treatment later returned to work as productive members of the workforce. Finally, 89 per cent of respondents believe that addiction treatment programs are effective in helping employees beat addiction. However, it appears to be especially important for the recovering person to attempt to hold onto their current position while undergoing treatment. The same study found that “nearly one in four human resources (HR) professionals surveyed reveal that their companies are less likely to hire a job candidate if the person is in recovery from drug or alcohol addiction – even though 89 per cent believe treatment is effective in helping those employees fight addiction.”
• Supportiveness of Workplaces and Culture: There are many ways that a legal employer can offer a supportive workplace. An employer can take personal needs into consideration in making work allocations. Proactively, you can offer ongoing assistance to help persons achieve a positive work-life balance. You can make information on resources available to staff via seminars, postings on intranets and in other communications. Larger organizations can offer to subsidize career counselling or management leadership programs to those in supervisory positions. All organizations can educate those dealing in human resource issues on how to respond to the workfamily needs of employees in general and in dealing with dependencies in particular. Furthermore, when you notice a problem,
you can encourage those individuals facing addiction issues to deal with them while retaining their employment – which builds trust and hope, at a time when both may be rather scarce commodities – rather than having the individuals face dismissal, which only adds to their problems. Contrary to popular belief, those facing addictions need not hit “rock bottom” before realizing they have a problem and seek out help, particularly when they are committed to seeking a solution.
• Health Care Benefits/TTD benefits: Many people may be fearful over the costs of seeking treatment to addiction. A legal employer can investigate whether they can offer insurance benefits or other health care programs to offset the costs (and worry) involved in successfully overcoming addiction.
• Other Resources : Organizations such as Alcoholics Anonymous (AA), Narcotics Anonymous (NA) and others have been helping addicts and their families deal with addictions for a long time. Legal employers could allow staff to attend meetings at noon or during the day to assist in their recovery or to stay clean, without having to have the employee justify their extended absences to other staff members.
• Assisting in Self-Worth: The benefits for supporting someone thru a problem such as an addiction can pay benefits far beyond the immediate person involved. People like to help and they also like to see others being helped. Extending a hand to someone going thru a crises such as an addiction puts a few check marks in the “positive karma” side of the ledger that is seen by all other staff members. The kind of support and goodwill that this creates cannot be bought.
While those who have used or abused drugs or alcohol can’t get their lost time back, they can at least start to get their lives back with the help of professionals as well as the assistance of those near them…including understanding and supportive legal employers and partners. 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.
To Boldly Go Where No He/She/It Has Gone Before
Trouble in the Gender Neutral Zone
Picture, if you will, a complicated securities transaction involving a gaggle of lawyers representing issuers, underwriters, investors, and securities commissions. Now picture, if you will, a deadline, speeding toward the lawyers at Warp Factor 9, which as we know from old Star Trek reruns, is really fast. Now picture, if you will, various grim realities like this: if the Prospectus isn’t filed by the deadline, the financials will become stale dated and a new audit will be required. Or the tax advantage everyone was counting on is scheduled to change, the investors will back out and phasers will be set on “kill” rather than merely “stun.”
Tony Wilson is a Franchise and Trademark lawyer at a firm that would probably just as soon not be associated with this article. until now, he has never used the word “tit” in any piece he has ever written.
Enter two lawyers drafting one or more parts of the documentation. Personal histories must be disclosed about officers and directors. Employment agreements and restrictive covenants must be prepared. In any event, the documents go back and forth between the lawyers by e-mail so many times, there are tracks on the tracking, and before you know it, the documents look like Jackson Pollock’s dribble art.
Lawyer “A,” however, wants to boldly go into the Gender Neutral Zone, which is a place where your shields and sensors must be on high, because bad things can happen there. “A” argues that all the documents should be gender neutral to be in compliance with the Law Society’s Policy on gender neutral drafting, which to summarize for comic effect, says “all the “he’s” and “she’s” in the universe must hereafter become “its,” but because we like jargon you can keep all the hereafters.”
Lawyer “B” says: “Whatever. Your issue. You draft it.”
It’s at this point where Lawyer “A” uses a wonderful function in Microsoft Word called “Find and Replace,”
which automatically replaces words and phrases in documents with other words and phrases (somewhat like the Transporter but with more accidents). Lawyer “A” tells “B” “I made the changes we agreed on regarding gender neutral drafting.” But time is tight and deadlines are upon them, so “B” only glances at the now desexualized and emasculated document, which coincidently, is what is about to happen to him once the documents are executed and filed with SEDAR for the whole universe to see.
And then the call comes from the securities commission: “Did one of you write for Benny Hill or Austin Powers?” “Ahhh no, why do you ask?” says lawyer “A.” “Well” says the commission, “Your Prospectus is full of tits.”
It’s relayed to the lawyers that there’s something like 41 tits (a strange number you might think), 12 titys and a host of other titillating mistakes throughout the Prospectus. Lawyer “A” it seems, forgot that other button in “Find and Replace” that says “Whole Words Only.” When you change the word “he” to “it” without limiting the change to “Whole Words Only,” it also changes the very useful words “the,” and “they.” Consequently, all the the’s are turned to tits, all the theys becomes titys and all the lawyers turn into complete boobs.
I guess the breast thing to learn from this cock-up is to enter the Gender Neutral Zone carefully, ass tit might be a nipple embarrassing to discover an unexpected and sexually charged tit in a document you thong was suppository to be gender neutral. Lawyers should remember that “Find and Replace” may be what your firm does to you when you don’t enter the Gender Neutral Zone with your shields up and consequently render your career “thes up.” BT
Membership Online
The Canadian Bar Association (CBA) welcomes you. With over 37,000 members, the CBA is the largest volunteer association representing the legal profession’s interests in Canada. As a member of the CBA, you join an innovative organization committed to enhancing the professional and commercial interests of a diverse membership and protecting the independence of the judiciary and the Bar. The CBA mandate is excellence in service to the members and compelling advocacy in the interests of the legal profession. We have the reputation, expertise and infrastructure to help you make the most of being part of Canada’s legal profession. Visit the CBA online at www.cba. org/bc to join online.
Patricia Jordan is the CbAbC manager, Interactive media. She welcomes your comments, questions and suggestions. Tel: 604-646-7861
e-mail: pjordan@bccba.org
JOIN ONLINE
CBA MEMBERSHIP HAS ITS ADVANTAGES
CBA membership is a privilege available only to members of the legal profession. Membership gives you access to legal information, direct services, collegial events and active participation in policy and law reform both at home and abroad. We offer the widest array of opportunities for lawyers to be heard, to learn and to stay connected.
LAW SCHOOL STUDENTS
As a law school student, you can enjoy all the benefits of CBA membership for just $20. Join and take advantage of everything the CBA has to offer you, including legal updates, networking and access to a variety of benefits and services such as Sections, practice advisory panels, publications and online resources, member services, and much
more. For more information, visit “Law Student and Young Lawyer Resources” in “Practice Resources” at www.cba.org/bc.
CANADIAN CORPORATE COUNSEL ASSOCIATION
CBA members have the option of joining the Canadian Corporate Counsel Association (CCCA) at no charge. The CCCA is the only member organization in Canada providing a dedicated national forum and voice for in-house counsel and their lawyers. Visit www.cancorpcounsel.org to learn more.
Joining the CBA couldn’t be easier. Membership is just a few clicks away with the convenient online form at www.cba.org in “Membership.” The whole process takes just a few minutes. You can pay online through secured access by Visa or MasterCard or by cheque. The CBA also has the economical option of paying by monthly instalments.
UPDATE YOUR MEMBER PROFILE ONLINE
Current CBA members can update their profile, including address and practice information, using the online form at www.cba.org in “Membership.” Or you can send your updated information to Jineane Payne, CBABC Database Administrator, at data@bccba.org.
For detailed information about fees and eligibility, payment options, member savings and benefits, special programs and more, visit “Membership” at www.cba.org/bc. BT
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 given to make it easier for you to note up the bills you may have in your library.
ACTS IN FORCE
EDUCATION STATUTES
AMENDMENT ACT, 2004, S.B.C. 2004, C. 17 (BILL 12)
Sections 1 and 2 are in force September 8, 2006
CurrenT From SEPTEMBER 6, 2006 – NOVEMBER 6, 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 version of legislative update is now published online, available to CbA members exclusively at www.cba.org/bc.
MINERAL TENURE
AMENDMENT ACT, 2004, S.B.C. 2004, C. 22 (BILL 29)
Sections 35 and 37 are in force October 25, 2006
5K Law Week Fun Run – April 1, 2007
The CbAbC law Week Committee invites members of the legal community and their family and friends to participate as runners or walkers in the fourth annual law Week Fun run. b.C. law firms are also encouraged to sponsor firm teams comprised of both lawyers and staff to compete in the event.
This year’s Law Week Fun Run will take place at locarno beach Park on Sunday, April 1, 2007 at 10 a.m. from locarno beach to Spanish banks and back. The 5 km course will be stroller and wheelchair accessible. Individual trophies/medals will be awarded for the fastest male, female and junior (under 14) competitors, while group trophies will be awarded for the fastest large and small firm teams.
The cost per individual is $25, which includes a T-shirt and refreshments. Children under 14 are free. This is one of those rare events where the bench, bar, law school students, professors and everyone else in the legal community come together to take part in a fun activity and support the B.C. Branch’s Law Week events.
Registration info uuu www.cba.org/bC/public_media/ main/law_week.aspx.
MOTOR DEALER
AMENDMENT ACT, 2004, S.B.C. 2004, C. 24 (BILL 24)
Sections 1(b) and (d) and 2 are in force December 1, 2006
Amend Bill C-17 to Protect Judicial Independence
On Oct. 25, the CBA called for amendments to Bill C-17 (amendments to the Judges Act) to reflect the recommendations of the 2003 Judicial Compensation and Benefits Commission in order to protect the independence and impartiality of Canada’s judges.
The 2003 Commission had recommended a salary increase for judges effective April 1, 2004. The federal government rejected that proposal and substituted a lower amount. The CBA says the government’s explanation for not following the 2003 Commission Report may not comply with constitutional requirements to provide adequate reasons.
“The government response is too vague and does not follow established constitutional principles. The response must provide specific details about its ‘other priorities,’ including costs,” says CBA President J. Parker MacCarthy, QC, of Duncan, B.C.
Without adequate reasons for not following the recommendations of the 2003 Commission, the CBA says the government “is sending a message that it has chosen to disregard the Commission’s recommendations because it does not agree with them. Such a perception risks damaging judicial independence and public support for the administration of justice,” says Parker MacCarthy.
Executive Committee 2006/2007
EqUALITY COMMITTEE
REPRESENTATIVE
LINDA LOCKE
Linda D. Locke, barrister, solicitor and advocate was called to the Bar in November 17, 1989. After Linda obtained her law degree at Queen’s University, Kingston, Ontario, she taught Native Studies at the University of Saskatchewan for two years and then commenced Articles with Mandel Pinder Law Firm, sponsored by the Union of B.C. Indian Chiefs in Vancouver. Linda experienced two highlights in her Articles: participating as an intern at the Human Rights Centre with “Indigenous Populations” in Geneva Switzerland and making a contribution to the Gitxsan Wet’suwet’en Delgamuux Case.
Linda worked as a family lawyer/co-manager at the Lax Ghel’s Native Law Centre in Terrace for two years then moved to the Upper Skeena and Legal Assistance Society (USCLAS) in 1994 and became the managing lawyer for family, criminal and poverty law. Despite losing all its funding in 2002, Linda’s dedication to providing access to justice to the northern population enabled the USCLAS to carry on as a Law Centre providing family, criminal and poverty law services. The USCLAS provides advocacy services with the help of the Law Foundation of B.C.
Linda became a member of the Canadian Bar Association (CBA) as a law student in the 1980s. For the last 14 years, Linda has been an active member and served as chair for the National Aboriginal Law Section, County of Prince Rupert General Practitioner’s Section and the Vancouver Poverty Law Section. She was a Board of Director for Continuing Legal Education Society for six years and served on many committees. She was honored to serve as a CBA Observer for the first South African Democratic Election in 1994. In 2003, Linda received the CBABC Community Service Award for the County of Prince Rupert. In 2005, Linda became the elected member of the Provincial Council for the County of Prince Rupert.
Equality Committee, CBABC
The Equality Committee of the Canadian Bar Association, B.C. Branch plays a vital role in advising and assisting the Executive in the implementation of strategies and programs to assist in the recognition, reflection and promotion of equality and diversity within the CBABC, the profession as a whole and the justice system.
Over the summer months, the Committee worked tirelessly to promote its resolution to reinstate an Equality Representative on the Executive which, we are happy to say, passed unanimously at the CBABC Annual General Meeting on September 30, 2006. Accordingly, Linda Locke (see accompanying profile) was designated the current Equality Representative on the Executive.
Subsequently, during the fall months, the Committee was busy putting together nomination packages and preparing supporting letters for selected candidates to receive the title of Queen’s Counsel in an effort to promote diversity in the awarding of this distinction.
Some of the Committee’s longer term projects include assisting in the establishment of a CBABC scholarship for at least two aboriginal pre-law or first-year law students as well as working together with the Law Society of B.C. Women in the Legal Profession Task Force, and potentially the LSBC Equity and Diversity Committee, to promote a Diversity Commitments Program here, similar to what has been established and embraced by the San Francisco and Chicago Bars.
This is just some of the exciting work in which the Equality Committee is currently involved. Please feel free to contact the Equality Committee to find out more. BT
GUEST
Effective and Affordable Civil Justice
The Report of the Civil Justice Reform Working Group
“
Too expensive, too complex and too slow.”
These are the words used by many members of the public and litigants of all types in British Columbia to describe the present civil justice system. While the system has many excellent features, maintaining the status quo is not an option; fundamental change is necessary.
Exploring such fundamental change for all types of non-family civil matters was the mandate of the Civil Justice Reform Working Group (CJRWG), formed in September 2004 by the Justice Review Task Force. As co-chairs of the CJRWG we worked with the other members (noted below) to develop a vision that provides everyone, regardless of their means, with access to effective and affordable civil justice through two broad strategies:
• Providing integrated information and services to support those who want to resolve their legal problems on their own before entering the court system; and
• Providing a streamlined, accessible Supreme Court system where matters that can be settled are settled quickly and affordably and matters that need a trial get to trial quickly and affordably. Our work was informed by five key principles:
• Preservation of the rule of law
• Proportionality, which means that the amount of process will be proportional to the value, complexity and importance of the case
• Flexibility and matching of process to the dispute and needs of the parties
• More active judicial involvement in the management and resolution of cases
• An expanded role for lawyers in helping their clients arrive at just solutions for their legal problems. We conducted extensive research into reforms
locally and abroad. We found remarkable consistency in the trends and concerns in all jurisdictions relating to the deteriorating effectiveness of their civil justice systems. While we found a wide variety of proposed and implemented reforms to address those concerns we knew that the reforms we recommended must be suited specifically to the unique B.C. milieu. We gave broad opportunities for input and invited comments and suggestions from the B.C. legal community, business community and the public. We received over 40 written submissions and inquiries, each of which provided great assistance in the CJRWG’s deliberations. We participated in the “Restructuring Justice” conference in June 2005 which provided an excellent opportunity for learning and dialogue on these important issues. Probably the most memorable part of that conference for many people was the Client Panel during which representatives of large business, small business and individual litigants provided their assessment of the present system. Their feedback was sobering and supported the need for swift and fundamental change.
Our report was unanimously approved by the Justice Review Task Force in October and released in mid-November 2006. It is available online at www.bcjusticereview.org. The CJRWG’s report provides three key recommendations:
1. Introducing a “hub,” a single place where people can go to get the information and services they need to solve legal problems on their own.
2. Requiring parties to Supreme Court civil nonfamily actions to personally attend a case planning conference (CPC) before they engage the system beyond initiating and responding to a claim.
3. Rewriting the Supreme Court Rules.
Co-Chairs Chief Justice Donald brenner and Deputy Attorney General Allan P. Seckel, QC
Our third recommendation incorporates a number of reforms of particular interest to B.C. Supreme Court litigants and litigators including:
• Proportionality: An explicit overriding objective that all proceedings are dealt with justly and pursuant to the principles of proportionality
• A new case initiation and defence process which state the facts and the issues in dispute and to provide a written plan for conducting the case and achieving a resolution
• Limits on both oral and documentary discovery: eliminating interrogatories requiring the parties to produce only those documents:
referred to in the party’s pleading to which the party intends to refer at trial, or in the party’s control that could be used by any party at trial to prove or disprove a material fact for cases valued at $100,000 or less, absent leave or consent, eliminating oral discovery for cases valued at greater than $100,000, absent leave, requiring each party to be available for oral discovery by all parties adverse in interest for a maximum (in total) of one day (the parties may consent to one additional day of discovery) requiring the parties, by a date to be set at the CPC, to exchange “will-say” statements.
• Restrictions on expert evidence: adopting a new rule to establish an overriding duty of an expert to help the court on the matters within his or her expertise and requiring the expert to certify (in the expert’s report) that he or she is aware of and understands this duty requiring the parameters of expert testimony to be discussed at the CPC and requiring the CPC judge to provide directions, based upon proportionality principles, on the use of experts unless otherwise ordered, in cases valued at $100,000 or less, limiting each party to one expert only, plus one expert to rebut the evidence of the opposing expert, if necessary requiring experts who give evidence in the proceeding to disclose only the facts, including test results, upon which they relied in forming their opinion.
These are only highlights of the recommendations. We invite you to carefully review the entire report
and provide us with your comments and suggestions. There are a number of ways in which you can learn more about these recommendations and provide your input:
• Local Sections of the CBA, B.C. Branch, will be featuring members of the CJRWG at upcoming meetings
• The first such meeting is for members of the Vancouver ADR and Civil Litigation sections to be held on Tuesday, December 12, 2006 at the Law Courts Inn from 12:30 p.m. - 2 p.m. Contact Esterina Dragan at 604-687-5744
• The business community will be sponsoring discussion sessions at several Chambers of Commerce around the province. Contact your local Chamber of Commerce for more information
• You can provide written comments to us via e-mail to civiljustice@bcjusticereview.org or by mail or fax to:
Dispute Resolution Office Ministry of Attorney General P.O. Box 9222, Stn. Prov. Govt. Victoria, British Columbia V8W 9J1
Facsimile: 250-387-1189
We look forward to hearing from you. BT
The members of the CJRWG are:
Chief Justice Donald Brenner, Supreme Court of b.C., Co-Chair
Deputy Attorney General Allan P. Seckel, QC, Co-Chair
Madam Justice Laura Gerow, Supreme Court of b.C.
Master William McCallum, Supreme Court of b.C.
Judge Dennis Schmidt, Provincial Court of b.C.
James D. Vilvang, QC, representing the Canadian bar Association, b.C. branch
Richard S. Margetts, QC, representing the law Society
Helen Pedneault, Assistant Deputy minister, Court Services branch
Carol McEown, legal Services Society
George K. Macintosh, QC, Farris & Company, member at large
Barbara Young, QC, berge Horn, member at large
Craig P. Dennis, Sugden, mcFee & roos, member at large
A Day in the Life of a Public Interest Lawyer
British Columbia Public Interest
Advocacy Centre
(BCPIAC) is a small non-profit law office located in downtown Vancouver. It is a provincial organization with cases, clients, and contacts throughout the province. We are funded primarily through cost awards and grants from the Law Foundation – yes, the interest from pooled lawyers trust funds hard at work! Our apolitical financial backing allows us the freedom to advocate on behalf of our clients without limitations imposed by the current government’s policies and therefore our clients or client groups’ interests are always our main concern, whether we are tackling a regulatory or poverty law case.
Pat macDonald and leigha Worth Staff lawyers b C. Public Interest Advocacy Centre (bCPIAC)
Our clients are predominantly seniors, disabled and the poor. One of the best parts about working with BCPIAC is that we always know that we are on the side of the angels. It is our clients who make BCPIAC what it is. They help us to focus on the issues that are important and keep us grounded in reality.
Although regulatory law is only one-half of BCPIAC’s mandate, it can be its most technical and logistically challenging. A regulatory law practitioner must be a legal Jill or Jack-Of-All-Trades: a sharp solicitor and cutthroat courtroom player with a liberal smattering of negotiator, analyst, and even futurist thrown into the mix. To be honest, there are times while wading through tens of thousands of pages of filings by the regulated utilities when we wonder if insanity isn’t another regulatory practitioner prerequisite.
At BCPIAC, we examine all applications to the Utilities Commission (including BC Hydro,
Terasen Gas, ICBC, etc.) with the interests of our client groups in mind and when we choose to intervene, we present their interests to the Commission during negotiated settlements, written, and oral hearing processes. Although our client lists are somewhat limited, we like to think everyone in B.C. benefits from our efforts to keep the utilities actions in line with our societal values and our bills relatively low.
The other major focus of our work is test case litigation relating to the concerns of people who are reliant on income support programs, such as social assistance, to meet their basic needs for food, clothing, and housing. The overriding factor in the decision to adopt a case is whether a systemic problem exists as BCPIAC only has the resources to take on a few cases at any one time. Three of the exciting cases we’ve worked on in the last year include a Community Groups complaint to the Ombudsman about administrative unfairness at the Ministry of Employment and Income Assistance, systemic problems in the farm labour contracting industry, and the interpretation of dependency relationships and “overpayments” in income assistance and disability benefits legislation.
We feel that we are doing what we went to law school for: working with people we respect on cases we are proud to litigate.
Leigha Worth joined BCPIAC in March of 2006, and now represents the interests of low-income consumer groups in insurance, gas and hydro hearings. Pat MacDonald has been with BCPIAC since 1997. She does equality and poverty law as well as telecommunications and gas utility hearings. BT
Crime, Safety and Chronic Offenders: Social-Justice Integration
In October 2005, the B.C. justice review task force released the report of the street crime working group entitled, Beyond the Revolving Door: A New Response to Chronic Offenders
The report identified the need to make the justice system more effective, both through the integration of the criminal justice, health and social welfare systems, as well as through changes in processing criminal cases. This report proposed justice reforms, including the creation of a community court, to alleviate the problem of street crime.
Hon. Wally oppal, QC Attorney General and minister responsible for multiculturalism
Approximately 1,500 individuals are brought to court for committing street crime offences in downtown Vancouver each year. Many are also receiving health and social service system support. The need for ongoing co-ordination and timely access is a challenge. Many are prolific offenders coming before the justice system several times a year. The offences themselves are relatively minor, but often have a significant impact on both the victims and the community. Time and significant resources are often spent on multiple court appearances and preparing cases for trial that are ultimately resolved through a guilty plea. Those who assert their right to a fair trial can face delays.
Research tells us that offenders who suffer from mental illness, substance use problems and homelessness need more than a jail sentence to rebuild their lives as healthy members of society. I am further concerned that sentences are often delayed and not meaningful or have no significant impact on either the offenders or the level of street crime in the community.
I have publicly stated my support for a community court and initiatives aimed at better integration among the justice, health and social
services systems. Introduction of this court in Vancouver is underway, with a target launch date of September 2007. The community court will have the power to impose a broad range of responses, from jail sentences to rehabilitation and repayment to the community. It will better link offenders to health and social supports. It will also offer improved opportunities for community engagement.
Through changes to criminal case processing, we expect street crime prosecutions to proceed swiftly, with fewer court appearances, early case resolution and accountability for offenders. Community court will also try to address the problems that bring offenders into the court in the first place. It is my hope that the community court pilot will serve as an impetus for change throughout the criminal justice system in British Columbia.
My ministry is working closely with the Ministry of Public Safety and Solicitor General and other partners to build a criminal justice system with effective, efficient and responsive services for these offenders – a system that has a strong connection to the public it serves. A number of initiatives, such as the Vancouver Police Department chronic offender program, the Vancouver Drug Treatment Court, the Vancouver intensive supervision unit and the province’s crystal meth action plan, are being developed to enhance integration between the justice, health and social welfare systems.
British Columbia can take pride in having one of the best criminal justice systems in the world. These changes will help to improve the way chronic offenders are managed. I look forward to working with the justice system partners to achieve future benefits through innovative and integrated approaches. BT
HOLIDAYS: Spelling It Out!
Hope – sharing hope and joy with others is what this season is really about! Hang onto that spirit and allow it to guide your choices. The caring that only you can give to others is what makes the difference. This – as they say in the commercials – is priceless. In a few years, they won’t remember what gifts you gave, but they’ll remember the fun you had together stringing popcorn or decorating the tree. Of course, not everyone has a close family nor do we all celebrate Christmas. If you are alone, consider what you can give back, whether it’s volunteering for the Food Bank or visiting an elderly friend. By helping others, we often help ourselves.
nancy Payeur, mSW, rSW Director of Services Interlock
OPEN – as in, being open to new traditions. Keep what works and discard or adapt what isn’t working for you and your family. Remember, what worked previously may no longer be a fit for this stage of your lives. Talk about holiday plans with family and friends in advance, and be honest about your preferences, bringing up ideas for new celebrations. One way to simplify is cutting back on gifts, either by setting a dollar limit or exchanging names. Some clans have gotten really creative –adopting a “tacky or used gifts only” rule – keeping the fun and taking the stress out of gift giving.
LOVE – The Beatles sang “all you need is love” and Freud said love and work are what matter. If you’re feeling a lack of love in your life these days, resolve to do something now to change that reality. Not easy but important. Reaching out to long lost friends, taking time to get to know those around you, getting involved in a cause you believe in with others who share your passion – all of these can gradually help bring more connection into your world.
INNER CALM – is what you feel when your daily life stays connected to your values. During the rush of the season and surrounded by media hype, it’s easy to be distracted – remember your personal priorities and live them. Make room for the big stuff.
D ECLINE to spend time doing things that drain you. Decompressing from a jam-packed schedule is more essential to your happiness than spending hours on elaborate decorating or entertaining. Keep it simple. Embrace the anti-Martha within!
ASSeSS – And Act. Reflect on what you’ve enjoyed about past holidays and make these things happen. Whether it’s listening to music, visiting Santa with your niece or quiet walks with your partner, make deliberate choices that fit your needs today.
YEARLY RITUALS are helpful when they bring a sense of continuity and comfort to hectic lives. The best traditions remind us of whom we are – our personal and family histories. They become something familiar we anticipate – even those as simple as treasured ornaments or special recipes.
S ERENDIPITY is defined as the ability for happening upon fortunate discoveries when we least expect them. Make sure you make room in your holidays for unexpected and magical pleasures. Merry Christmas. BT
If you are struggling with personal or professional issues, call 1-800-663-9099 or 604-431-8200 (lower mainland). Interlock provides professional, confidential 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.
Electronic Survey Plans a Reality in 2006
After more than 150 years of hard copy survey plan submissions to the registries in British Columbia, a significant milestone was realized in 2006. The submission of electronic survey plans became a reality on July 24 when amendments to the Land Act, Land Title Act, Land Survey Act and the Land Surveyors Act came into force. The amendments allow legal survey plans to be submitted through the Electronic Filing System of the Land Title and Survey Authority of B.C. This business improvement is in keeping with the Authority’s goal of enhancing client services through electronic technology.
rick Hargraves, bClS Surveyor General and Director
the world, an electronic plan fully protected by a digital signature can be sent to several locations at the same time for review and sign off. Furthermore, the traditional registration set of plans does not have to be physically delivered for deposit at the registries. Once all the consents have been assembled, an electronic plan application and the electronic plan may be submitted through EFS. The provisions applicable to electronic plan applications and electronic plans can be found under Division 2.1 of Part 10.1 of the Land Title Act
The first release of the Digital Survey Plan system allows for the submission of an electronic survey plan (in PDF format), together with associated signatory documents of surveys prepared pursuant to the Land Act, Petroleum and Natural Gas Act, Mineral Tenure Act and the Coal Act. We are pleased to see that the land surveying community is using this new technology. From the “red hot” oil and gas sector we have received a significant number of well site plans in electronic format. Early in 2007, we expect to be in a full production pilot for electronic plans prepared under the Land Title Act. There are several key benefits to the use of electronic survey plans. Firstly, plans no longer need to be drafted onto a mylar sheet. Secondly, the plan does not need to be physically sent to all the owners and consenting signatories for signatures. Consenting signatories to survey plans will not sign the face of the mylar plan as in the past, but will sign a separate document. This allows signatures to be acquired concurrently, rather than one after the other. Instead of shipping a survey plan around the country or
From the Authority’s perspective, it is more efficient for the staff to review and confirm plans that are submitted electronically and then automatically push them through the system to the electronic database for customer retrieval. Unlike hard copy plans, electronic plans do not need to be scanned into the image database. The automated flow of electronic plans will result in a better image being made available for customer retrieval purposes.
While submission of electronic survey plans is completely voluntary, we expect the cost and time saving benefits of these types of plans will help drive usage of this new technology. So far, that seems to be the case.
The Authority has successfully used its electronic filing system for the submission of land title documents and, as such, has paved the way for smooth integration of electronic survey plans. The combination of electronic documents and survey plans provide the foundation for further electronic service enhancements by the Authority.
The Land Title and Survey Authority of B.C. is a not-for-profit, non-share capital corporation responsible for managing, operating and maintaining British Columbia’s land title and land survey systems. BT
Ten Common Sense Financial Advice Tips
How to make your money work harder for you
Need a good financial tip? Here are ten common sense financial tips that can help you keep more of your money and reach your goals faster.
1. Treat you’re money as if it were going into three separate buckets.
a)
b) c)
The first bucket is for the money you need to cover your immediate expenses such as loan payments and other household costs.
The second is your short-term savings bucket. This should contain enough money to cover at least six months worth of your fixed expenses.
The third bucket is for the money you regularly contribute to retirement savings such as an RRSP.
2. Pay the least amount in taxes possible. Consult a qualified expert to help you pay less tax. For many people, the cost of their advice is more than offset by the savings.
3. Don’t invest your money in things you don’t understand. Take the time to learn about an investment before you jump in.
about your money, be proactive. Time can be your friend, but if you wait too long, it will be your enemy.
6. Be aware of your investment fees and reduce them whenever possible. Even a small decrease in your investment fees can add several thousand of dollars to your savings over time.
7. I gnore investment hype. There is a ceiling to how high any investment can go and eventually the bubble will burst and values will fall. It is often better to wait until the hype passes and then buy the investment while it’s low.
4. Make monthly contributions to your RRSP rather than a single annual amount. Many investments see an increase in value brought about by significant last minute contributions near the end of the RRSP season. The value of these funds can sometimes decline once the season ends leaving you with less than the alternate value had you spread out your contributions.
5. Don’t procrastinate about your investment choices. If you know you need to do something
Never get into any financial arrangement with friends or relatives unless all terms and conditions are clearly understood and in writing. Nothing can drive people apart like a disagreement over money.
9. N ever take your good health for granted. Purchase protection like life and disability insurance. Age and health factors will increase the cost and the older you get; the greater the likelihood you’ll not be able to buy this coverage. Surround yourself with trusted experts. Be realistic about your own knowledge and skills and seek out companies and people who have proven themselves trustworthy with others you know.
Eric and Dave are your CBIA Authorized Representatives for the province, and are available to assist you with your insurance and retirement needs. You can reach them in Vancouver at 604-688-8790 or toll free at 1-888-477-5630. For more information about the CBIA visit their website at www.barinsurance.com. For CBA Financial, please visit www.barfinancial.com. BT
Halifax to Host World Congress on Family Law and children’s rights
Halifax will host more than a thousand international delegates for the World Congress on Family Law and Children’s Rights from August 23-29, 2009.
The congress is recognized as one of the most significant events on the world calendar in promoting the protection of children. It has received a united nations award for services to the family. Its future seems assured and hence the hope of achieving beneficial change for many of the world’s children, attainable. For more information on the World Congress on Family Law and Children’s Rights, please visit www.lawrights.asn.au or contact Jeff Turner at 902-423-1752 or jturner@destinationhalifax.com.
6th Annual Lawyer Show Just Announced!
Murder, charity and just a pinch of madness combine in this hilarious black farce: Arsenic and Old Lace
Starring the finest acting talents of Vancouver’s legal community
Directed by Katrina Dunn
Stanley Industrial Alliance Stage
April 13th and April 14th
Tickets on sale December, 2006
The 6th Annual Lawyer Show has just been announced! The Arts Club Theatre Company and Touchstone Theatre are pleased to present “Arsenic and Old Lace,” Joseph Kesselring’s hilarious black farce, starring the finest acting talents of Vancouver’s legal community. Get your tickets starting December 1st for this very limited engagement, April 13th and 14th at the Stanley Industrial Alliance Stage.
Lawyers on Stage – victoria
Lawyers on Stage (LOST) Victoria will be presenting the Broadway show “Working” on February 23 and 24, 2007 at the McPherson Theatre, in Victoria. This is an annual fundraiser for Kaleidoscope Theatre, Victoria’s professional theatre company for young audiences. Look for more information about Lawyers on Stage in upcoming issues.
december 2006 – January 2007
December 6
Branch and Bar Calendar (see cba.org/bc for details)
December 6
Lawyers Assistance Program of British Columbia Workshop: Stressed? (Dorchester Hotel, Nanaimo)
Lawyers Assistance Program of British Columbia: Burns Book Group
December 8 New Westminster Bar Association Christmas Party
December 12
December 13
December 14
December 27
January 11
January 12
January 26
January 27
Lawyers Assistance Program of B.C.: Healthy Living as Lawyers (Kelowna)
Lawyers Assistance Program of British Columbia: Burns Book Group
Kamloops Bar Association AGM Bench & Bar Dinner
Lawyers Assistance Program of British Columbia: Burns Book Group
CBABC Provincial Council (Delta Airport Hotel, Richmond)
Alpine Resort Ski/ Snowboard Passes
Get yours now, these will sell out fast!
british Columbia is home to a number of world-renowned winter sport resorts, and CbA members throughout the province get incredible deals at some of the best. Whether you spend your winters at scenic Sun Peaks, breathtaking Silver Star, unforgettable Big White, thrilling Mount Washington, or home of the 2010 Winter olympics Whistler/Blackcomb, there is a resort near you where your CbA membership gives you more than you expected for less than you bargained for! Check the “Member Savings” section of the CBABC website for details on how to order.
BIG WHITE / SILVER STAR ALPINE RESORTS
When it comes to snow, it’s tough to beat Big White & Silver Star. With Big White’s world famous “Snow Ghosts,” Silver Star’s Victorian-inspired accommodations, and both of their breathtaking scenery, it is no wonder that people come from around the world to visit these two world renowned Ski r esorts. b oth mountains are conveniently ski-in / ski-out, so the fun never has to stop! The two mountains have been under the same ownership for five years, meaning you get to experience the best of both, and as a CBABC member, you’ll get it for 10 per cent less! visit the CbAbC member Savings page for details on how to plan your trip today.
mountain weather! With 121 trails to choose from, there is something for everyone here, and it’s only getting better! The resort is in the middle of huge expansions that will ultimately encompass five mountains, two villages, and one unforgettable experience. CbAbC members get even more out of this already incredible resort by getting a full day of skiing or snowboarding for the Half-Day ticket price! visit the CbAbC member Savings page online to get yours!
WHISTLER BLACKCOMB
What can you say about the home of the 2010 Winter Olympics that hasn’t already been said? As one of the world’s top Alpine Resorts, Whistler Blackcomb has a reputation for exceeding expectations, and now CbAbC members can be blown away for even less! members save up to 25 per cent off of the ticket window price on lift tickets, eDGe cards, and equipment rentals! visit the CbAbC member Savings page online to get yours!
Vancouver East Cultural Centre
C b A b C m ember Services is excited to announce a brand new program; it is starting with the vancouver east Cultural Centre! We will be able to offer discounted tickets to CbAbC members for elected shows at the veCC throughout the season. This is a very exciting new program, as well as a very exciting time for the historic Cultural Centre as well, which is in the midst of some incredible renovations. Check the CbAbC member Savings page online for updates on performances.
MOUNT WASHINGTON ALPINE RESORT
The “Mountain on the Island” has seen incredible growth in its 27 year history, and shows no signs of slowing down! Mount Washington Alpine Resort, located right near the popular Comox valley, is a fully serviced Alpine resort located on vancouver Island with over 1,200 acres of terrain to tackle, and CbAbC members can now save 10 per cent on every Single-Day lift Ticket! visit the CbAbC member Savings page online to get yours!
SUN PEAKS RESORT
By far the “sunniest” Alpine Resort in British Columbia, with over 2000 hours of sunshine each year, Sun Peaks Resort boasts more than just great
Vancouver Opera
CbAbC members save up to 35 per cent on performances at the Vancouver Opera! Here’s what’s coming up in January and February of 2007: The Vancouver Opera is proud and excited to present their new production of Mozart’s fascinating opera, “The Magic Flute” at the Queen Elizabeth Theatre. The performance is the product of a team of talented theatre designers and First nations artists, bringing a fresh and unique vision to Mozart’s timeless masterpiece. It is a performance of color and energy, not to be missed.
Bar Moves
Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to bar moves at cba@bccba.org.
KENDELLE L. POLLITT has left Baker, Newby to join Waterstone Law Group’s Langley office effective Sept. 5, 2006 where she will be practicing personal injury and general civil litigation.
NICOLE MCLOUGHLIN has joined the firm of McQuarrie Hunter as an associate where she will be practicing in the office located at 10430 - 144th Street in Surrey in the areas of general corporate and commercial law and real property law.
MURRAY RANKIN, qC has left Arvay Finlay to join the firm of Heenan Blaikie. He will work out of their Victoria office.
GAIL SAHOTA has joined the firm Gosal & Company where she will practice in the area of WCB and CPP Disability Appeals.
CATHERINE W. CHOW is now the Director of Legal Services of Keg Restaurants. Previously, she practiced in property and business law at notable firms in downtown Calgary and Vancouver.
AMBER VAN DRIELEN has joined the firm of McQuarrie Hunter as an associate where she will be practicing at the New Westminster office in the areas of general litigation and personal injury.
ARI M. SHACK, formerly of Taylor Wray Business Lawyers, has joined Synergy Business Lawyers where he will continue his practice of corporate and commercial law as well as private financing.
The Quadra Legal Centre of Victoria (www.quadralegal.com) is pleased to announce that KARRIE WOLFE will be joining Colin Robinson, Mary Mouat, Odette Coccola and Mike Holmes in the practice of law.
As of August 14, 2006, HARDEEP SANGHA has joined the Attorney General of B.C., Criminal Justice Branch as a prosecutor in Surrey, B.C. He previously practiced as a barrister at Allan Francis Pringle in Vernon, B.C.
JENNIFER A. SCOTT has joined Charron Favell Anctil as a partner. In 2005, Ms. Scott founded Urban Law (www.UrbanLaw.ca), a boutique firm in Kitsilano. E-mail Jennifer at Jennifer@CFA-Lawyers.com and Jennifer@UrbanLaw.ca.
TAKO VAN POPTA has been appointed Managing Partner of the firm of McQuarrie Hunter. Tako practices at McQuarrie Hunter’s Surrey Office in the areas of corporate and commercial law and real estate development.
Congratulations to Alexander Holburn Beaudin Lang LLP on their recent Award for their Student Recruitment Campaign at the Legal Marketing Association’s Annual conference (third place in North America).
nicole mcloughlin
Amber van Drielen
Ari m. Shack
CLEBC Update
A library is fundamental to good legal practice. ClebC recognizes that you may need a hand selecting resources that are crucial to your practice, or you may just be looking for advice on the latest publications and services we offer. Call or make an appointment to visit karen Kerfoot, CLEBC’s resident expert. With more than 34 years of experience in the legal publishing field, she will help you understand the options available among the multitude of ClebC titles of printed materials and electronic products within each area of practice so that you can select what’s best suited for your current and future needs. Contact karen by: Direct phone 604-893-2110, or send an e-mail to kkerfoot@cle.bc.ca
ANNOUNCING A NEW CLEBC PUBLICATION
Watch for CLEBC’s new Introducing evidence at Trial: A british Columbia Handbook, a practical resource for litigators, to be released in Spring 2007. Written and reviewed by a team of wellrespected judges and litigators, Introducing evidence at Trial is a portable, quick-reference guide for lawyers on how to confidently and effectively introduce evidence in a trial. Divided alphabetically by evidentiary topic, this handbook provides “how to” advice including an overview of foundation principles, practice tips, checklists of key considerations, examples, and sample scripts.
CBA CEO John Hoyles receives Pinnacle Award
NEW MEMBERS
The CBABC Branch welcomes its newest members! The following new members have joined in the months of September and October of 2006:
Regular Members
JONATHAN G. DYKSTRA
Gordon J. Dykstra Personal Law Corporation, Abbotsford
KATRINA HARRY Vancouver
KAILA M.B. MIKKELSEN
UBC Human Resources Dept, Vancouver
Articling Students
BONNY BLAKE Burnaby
ANDREW BREEN
Shapiro Hankinson & Knutson, Vancouver
JOANNA GISLASON BCGEU, Vancouver
MARK HAMILTON
Richards Buell Sutton LLP, Vancouver
JONATHAN HARBUT Davis & Company LLP, Vancouver
CALEY HOWARD
Paul Smith Intellectual Property Law, Vancouver
KRIS HSIEH
Vanderburgh & Company, Williams Lake
WILLIAM E. LAROSE
Andrew Croll Law Corporation, Nanaimo
MARK GORDON NORTON Vancouver
LARA PERCY
Borden Ladner Gervais LLP, Vancouver
SARAH LOUW West Vancouver
KEVIN LOVE
Community Legal Assistance Society, Vancouver
ANDREW MICKELSON Ministry of Attorney General, Victoria
MARTINA qUAIL
Stern & Albert, Surrey
MICHELLE qUIGG Vancouver
CHEYENNE REESE Davis & Company LLP, Vancouver
SARAH STANTON
Woodward & Company, Victoria
ZAHARA SULEMAN
B.C. Public Interest Advocacy Centre, Vancouver
To view all new members, including the 218 Law Students, please visit uuu http://www.cba.org/BC/ pdf/bartalk/student_12_06.pdf.
CbA Chief executive officer John D.v. Hoyles was recently honoured with the prestigious Pinnacle Award by the Canadian Society of Association executives (CSAe) at its 2006 national Conference and Showcase, held in edmonton. The award recognizes exceptional and outstanding leadership qualities within an association, volunteer contributions to other organizations and the community-at-large, and to CSAe
CbA President J. Parker macCarthy, QC, congratulated John on receiving this recognition from his peers, and for his outstanding contribution to the Association and the legal profession.
Application Documents
Letter of Intent forms, application guidelines and application forms for the above funding initiatives may be obtained from: www.lawfoundationbc.org; by e-mailing lfbc@tlfbc.org; by calling 604-688-2337; or by writing the Law Foundation of B.C., 1340-605 Robson Street, Vancouver, B.C. V6B 5J3
2006 Projects Initiative
The Law Foundation has established a projects budget of $500,000 for 2007 for one-time projects. The maximum amount available for each project is $75,000.
To be considered, please submit a Letter of Intent form by 3 p.m., Friday, January 19, 2007
Graduate Fellowships 2007/2008
VALUE: Up to four (4) Awards of $13,750 each (subject to change).
CLOSING DATE: January 4, 2007.
FIELD OF STUDY/ ELIGIBILITY: Full-time graduate studies in law or a law-related area. Applicants must either be residents of British Columbia; graduates of a British Columbia law school; or members of the British Columbia Bar.
WHERE TENABLE : Recognized universities in Canada, the U.S. or abroad. NOTE: The Law Foundation Graduate Fellowship is not available for the graduate programs of the Faculties of Law at the University of British Columbia and the University of Victoria as the Law Foundation makes separate grants to the Graduate Fellowship programs at these universities.
Notice of New Agreement
CANADIAN WESTERN BANK
law Foundation Chair, Warren Wilson, QC, commends the Canadian Western bank for its commitment to paying a competitive rate of return on lawyers’ pooled trust accounts. Recognizing the overall impact of protracted low interest rates on the Law Foundation’s revenues, a new interest rate agreement was recently concluded.
A new interest rate agreement on lawyers’ pooled trust accounts has been signed that, depending on the balance, will pay a net rate of return in the range of prime less 2.50 per cent. The system changes to facilitate this new pricing are expected to be implemented in early 2007. Thanks go to Greg Sprung, vice President and regional manager, for the leadership shown in making this new agreement possible.
Increased revenues enable the law Foundation to fund programs that make the justice system accessible to british Columbians, particularly those people who have the greatest access problems as a result of their economic, social, physical or mental special needs. The funded programs include professional legal education, public legal education, law reform, legal research, legal aid and law libraries.
The Canadian bar Association (b.C. branch), the law Foundation, and the law Society encourage lawyers to consider which financial institutions provide the best support to the law Foundation when deciding where to place their trust accounts.
CLASSIFIED (per line)
CbAbC members/Firms
Commercial organizations
Next deadline: January 12
DISPLAY
3” x 2.5”
CbAbC members/Firms
Commercial organizations
6” x 2.5”
CbAbC members/Firms
Commercial organizations
Next deadline: January 12
INSERT (all of B.C.)
CbAbC members/Firms
Commercial organizations
Next deadline: January 20
Next mailing: February 9
$25
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Direct BarTalk advertising inquiries to: Jesse Tarbotton
Communications Co-ordinator
Tel: 604-646-7856 or 1-888-687-3404
e-mail: jtarbotton@bccba.org
S ERVICES
INTELLECTUAL PROPERTY: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation –Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property. Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca.
Eldercare assessment, consulting, care management. Professional support to your older clients and their family members. Diamond Geriatrics, Inc. www.diamondgeriatrics.com 604-874-7764.
OFFICE SPACE AVAILABLE
Suite 304-3320 Richter Street, Kelowna. One or two lawyers invited to share bright, new office space with existing two lawyer practice (Mission Law Group). E-mail: jwiseman@missionlawgroup.com.
