Over the last year the media has been awash in stories decrying mounting threats to the fundamental rights and freedoms of all Canadians. An increasingly urgent dialogue is taking place nationwide about how to best safeguard these rights. With the 2010 Winter Olympics fast approaching, our province will soon play host to the world. Our society’s willingness to provide adequate affordable access to services and justice will be under intense international scrutiny. While advocating for our members, the Canadian Bar Association works hard to ensure that the public at large has access to affordable and comprehensible justice.
On the national front, the CBA has been working in the courts to promote that legal aid be recognized as an essential service and that access to justice be available to low-income Canadians. This past month the case was turned down on appeal, but the CBA is as committed as ever, to advocating for the dismantling of financial barriers to justice.
Our Branch has been continuing to lobby the provincial government to remove the discriminatory seven per cent tax on legal services. Upon the release of the most recent B.C. budget, in which the tax was not removed, Ken Walton, CBABC President commented, “Individuals and businesses in B.C. are targeted to pay extra money to gain access to justice. The legal system is a key pillar of a strong society and economy, and requires adequate public
funding to work well, no less than the health and education sectors. In a province with high numbers of unrepresented litigants in courts, it is offensive that this financial barrier continues to exist.”
This month, from April 14-20, Law Week events will be held across the province in the communities of Fort St. John, Kamloops, Kelowna, Nanaimo, New Westminster, Port Coquitlam, Vancouver and Victoria. In celebration of Law Week, a number of events such as mock trials, free legal classes, citizenship ceremonies, courthouse tours, public speaking contests, and essay contests for high school students will be held throughout British Columbia. Law Week is the result of the hard work of CBA members in British Columbia to bring information about the Justice system to every British Columbian. Appropriately, the theme for B.C. Law Week 2008 is “Access to Justice, Breaking Down Barriers.”
All British Columbians should be provided with affordable access to justice. In 2010 and beyond, our province should serve as a model to the world of how a justice system can equally serve every citizen, and thus support a vibrant and working democracy. Our members have an opportunity this month to help break down the barriers of negative perception and showcase the amazing work of the lawyers in this province. To find out more about Law Week 2008 and the Canadian Bar Association, B.C. Branch initiatives please visit: www.cba.org/bc and www.bclawweek.org. BT
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TASER NATiON –TONY WilSON AND SECTiON UpDATE –ABORiGiNAl lAW (VOl. 20, NO. 1)
Good column by Tony Wilson and I liked the Section update on Aboriginal Law. All the best.
– Ron MacIsaac
Send your lETTERS TO THE E D i TOR to: Jesse Tarbotton, barTalk Senior editor
Canadian bar Association, b.C. branch
Fax: 604-669-9601
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e-mail: jtarbotton@bccba.org
RE: THE 4.1 BilliON DOllAR SURplUS A lETTER KENNETH WAlTON SENT TO THE TiMES COlONiST ON JUlY 17, 2007
Last week your newspaper reported that the Province of British Columbia has a 4.1 billion dollar surplus.
For years the Canadian Bar Association has taken the position that it is in the public interest to eliminate Provincial Sales Tax on legal fees. This stand goes well back to the 1990s when the NDP first introduced the tax. The Canadian Bar Association challenged the law, which was found to be invalid. The NDP then brought the legislation back in a new and different form. One would think the B.C. Liberals would not wish to identify themselves with this bad tax policy, which costs the public (who are often in needy situations such as divorce or matrimonial settlement problems) an additional burden just because they use a lawyer. It is not like they can avoid using a lawyer if they want a decent outcome. Unlike other professions in British Columbia, lawyers are the only group singled out by this tax.
Meetings with provincial officials over the years and the fact that this tax brings in an excess of 100 million dollars a year is said to be significant. The question “What will we replace it with?” was put to the Bar Association. Well now, the province has its answer. If it eliminates the Provincial Sales Tax on legal fees, as it should, it will still have nine 0s behind the 4 in its 4+ billion dollar surplus.
There is no question this sales tax on legal services is bad public policy. It encourages larger corporations that use legal services to go to tax free Alberta or tax free Ontario. One wonders why….
– F. Kenneth Walton F. Kenneth Walton Law Corporation
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).
What Are You Doing For Us
Iwalked through an airport check-in a couple of months ago and was required to give my occupation. I said I was a lawyer and was told I would be forgiven for that. I said forgiveness was not needed, as my profession was all that stood between individuals and tyranny.
Many have a very poor view of our profession and we, in turn, angst about why we are not loved. My view is that this is a reality that we will never change. Do not waste your time expecting help or understanding from the public. The only people likely to help us are ourselves.
Kenneth Walton President 2007/2008 b.C. branch Canadian bar Association
That brings me to my point. In the course of my year so far, as President of our Branch, I have been amazed at some of the great work done by our fellow lawyers.
Many great things were said at the February 9, 2008 Celebration of Life of the late Debra Van Ginkel, QC. She was 50 when she succumbed to lung cancer in late January, ironically, not having smoked a day in her life. Debra was a rare combination of outward and inward beauty. She was perhaps the closest thing to a saint that the legal profession has had this generation.
Debra was heavily involved in the Lawyers’ Assistance Program, in a project still ongoing involving children’s rights in our courts, in the Benevolent Fund, in the Women Lawyers Forum, and in mentoring young women, all this done in the space of very few years at the Bar. She could have been a Provincial Court Judge but refused to consider being alienated from her beloved mentoring program.
She was well respected and highly competent in the courts. She took the high road in her family law cases. Through personal misfortunes, she persevered in an ever optimistic manner and enjoyed every fast paced day of her life. As our Attorney General said,
British Columbia is much worse off, as is our profession, by the absence of Debra.
Ask yourself: when your final day has past, will someone say that about you?
Art Vertlieb, QC; I run into him frequently and I, constantly hear of him. He has founder status at the Trial Lawyers Association and the Lawyers’ Assistance Program, sits on Judicial Council for the selection of Provincial Court Judges and helps other lawyers re-establish their careers. He sits on the Board of Continuing Legal Education, is a Bencher, and was a key member of the Law Society’s Equality Committee. One wonders when he would have time to practise law. I was not fully aware, until I obtained this position, of the many good works of John Waddell, QC, of Victoria, B.C. John sits on the board of the Canadian Bar Association Financial, which deals with investing lawyers’ retirement funds. He is past president of the Victoria YM-YWCA and a past Canadian Bar Association B.C. Branch President. He is on the boards of the Law Foundation and the Benevolent Fund – a wonderful organization which looks after members of our profession who have no resources due to personal calamity.
These three people exemplify one common thing; an interest in serving the needs of the practising Bar; you and me.
I urge you in looking at your professional life to consider what it is you could do to help our profession. It does not have to be great. It could be as simple as taking someone’s student to a trial and showing that person the ropes.
Do something, no matter how modest.
I wish you success in your personal and professional life. BT
Milagro’s Beanfield is Everybody’s Business
Why we all have a stake in cultivating new “sprouts” in the field
Like much of the rest of the country, B.C.’s population is largely concentrated in a few urban areas, with the rest strewn across a huge geographic expanse. This affects access to many resources, including lawyers and the courts. With a large number of lawyers set to retire, attracting and retaining young lawyers is the #1 issue of concern to many local bars.
Caroline nevin executive Director b.C. branch Canadian bar Association
Two-thirds of B.C.’s lawyers work in the Lower Mainland. Only 3 per cent work anywhere in the Prince Rupert or Cariboo Districts, which cover two-thirds of the province. Victoria, the Okanagan and Nanaimo combined only have 17 per cent, and the rest are spread across the Kootenays, Kamloops, up-Island, or outside B.C.
When I visit lawyers in places like Cranbrook, I hear a familiar refrain: we have lots of business and amazing quality of life, but we just can’t attract new lawyers. Law firms, corporations, the Crown and Legal Services all face the same challenge.
The CBA has a National Working Group looking at the issue of rural access to lawyers across the country. Here in B.C., we’re looking for practical ways to help law firms and employers attract new lawyers outside the Lower Mainland. We expect to partner with local Bars, the Law Foundation and the Law Society, all of which have identified rural access to legal resources as an important priority. The ground for action on this issue is fertile indeed.
In The Milagro Beanfield War, a lone impoverished farmer diverts a forbidden source of water to cultivate a small patch of beans in an otherwise parched land. Eventually, his action is supported
by the entire community, and the greater good prevails. Outlying areas are having trouble diverting their own “water source” –young lawyers – to their towns. The burden of large student loans is one reason, but there are others. None are insurmountable; we just haven’t applied the full power of our collective minds and resources to the issue.
Think it’s only “their” problem and not your own? Think again. Notaries were only created in this province in the absence of access to lawyers, and paralegals have been gaining in status and scope of practice elsewhere. Courts and judges have disappeared in places where “demand” is considered low, and the absence of lawyers contributes to that perception. Clients (and taxpayers) have to pay for access to out-of-town counsel or, worse yet, forgo legal advice and representation. This issue affects our entire society, and as leaders we have to step up.
The CBA is serious about bringing the legal community together to solve this problem. We want to hear from you. No idea is too wild. Will $5,000 a year toward articles help? How about funding local students’ legal education in return for time served at home? Or funding rural “tours of duty” through a new type of foundation? A new mentoring program? A staff person to organize shared articles across several law firms or towns? Let us know what you think. And if you’re a young lawyer or law student, let us know what it would take for you to seriously consider moving to a smaller town to practise law.
The CBA is ready to plant the seeds, but it will take the whole community to create real growth. Please take a moment today to write to me at cnevin@bccba.org. BT
Quebec 2008
maya Angelou, Jean Chrétien, Phil Fontaine, and Chantal Hébert are among the high-profile keynote speakers at the CbA Canadian legal Conference in Québec City, Aug. 17-19.
Check for updates online (including online registration form).
uuu http://www.cba.org/CbA/ quebec2008/main/
CBA Recommends parliamentary Review for Bill C-3 Within One Year of implementation
While it welcomes the most recent changes to bill C-3 (security certificates and special advocates) passed by the House of Commons, the CbA says the legislation may still be vulnerable to a constitutional challenge, and should be subject to parliamentary review within a year of implementation.
Podcast: Leveraging the Media to Help Grow Your Practice
You see your competition on the six o’clock news being described as a leading legal expert. You say to yourself, “I could do that. Why didn’t the reporter call me?” This podcast will show you how to effectively gain the media’s attention, without having to hire a high-priced public relations firm.
• Even the Lone Ranger Needed Tonto: Support Staff for Solo Practices
• Quick tips on marketing, going solo, client services, and more.
All this and much more uuu http://www.cba.org/practicelink
CBA Urges Federal Government to Honour international Agreements on Climate Change
The CBA is urging the federal government to honour Canada’s international commitments to address climate change rather than adopting legislated targets proposed in Bill C-377, the Climate Change Accountability Act.
CBA and Other Bar Associations Call for Closing of Guantanamo Bay
CBA President Bernard Amyot, together with 34 Bar leaders around the world, has called on U.S. President George W. Bush to immediately close the prison facility at Guantanamo Bay in Cuba. “Few governmental operations by democratic countries have shown such a profound disrespect for the rule of law,” says Bernard Amyot. “Guantanamo Bay has come to signify injustice for some at the hands of the powerful.”
Letter to Prime Minister with joint statement uuu http://www.cba.org/CBA/ submissions/pdf/08-15-eng.pdf
Advocacy
For a snapshot of CbA’s advocacy initiatives, please visit http://www.cba.org/CbA/ Advocacy/pdf/CbAAdvocacy.pdf.
CBA Awards
The CBA offers a wide array of awards to recognize excellence in the legal profession. Many deadlines for nominations are coming up in April. New this year, the 2008 Touchstone Award (http://www.cba.org/CBA/Awards/touchstone_award/) is open to both individuals and organizations.
Details on CBA awards, including eligibility and deadlines uuu http://www.cba.org/CBA/Awards/Main/default.aspx
Susan McGrath Wins 2008 Douglas Miller Award
Susan McGrath of Iroquois Falls, Ont., has been named the 2008 winner of the CBA’s Douglas Miller Award. She received the award from Mary Carol Miller, spouse of the late Doug Miller.
A sole practitioner from a small community in Northern Ontario and a mother of three, Susan McGrath is a leading advocate for increased funding for legal aid and a spokesperson for the needs of small-firm lawyers and sole practitioners in rural and remote communities.
Student teams from ubC’s Faculty of law faced off in the 9th Annual Guile memorial Debate on February 15 at the law Courts Inn. A standing room only crowd enjoyed final arguments in a boisterous debate that honours the memory of robert H. Guile, QC and emphasizes humour and camaraderie in the law.
This year’s Guile Debate winners are matt brandon and brittany Skinner, who will share a grand prize of $1,000. runners-up, DJ larkin and mike berger, receive awards of $250 each.
Continuing legal Education
Competition, Crime and Punishment: The Practice, Procedure and Substance of Criminal Competition Law
April 28-29, 2008
Toronto
2008 National Charity Law Symposium may 7, 2008 Toronto
CBA National Citizenship and Immigration Law Conference may 15-17, 2008 niagara-on-the-lake, ont.
2008 National Environmental, Energy and Resources Law Summit may 15-6, 2008 ottawa
2008 Tax Law for Lawyers may 25-30, 2008 niagara-on-the-lake, ont.
2008 Mid-Winter Meeting Resolutions
CHilD SUppORT RECAlCUlATiON SERViCES
The CbA is calling on all levels of government to ensure an accessible and inexpensive means to formalize adjustments to child support as family circumstances and income change.
RUlE OF lAW iN KENYA
Given the post-election crisis in Kenya, the CbA is urging the government of that country to support the rule of law and to protect the fundamental rights of its citizens.
Full text of resolutions uuu http://www.cba.org/CbA/ resolutions/2008res/
Section Update
Keep your practice current
The following are brief summaries of several recent Section meetings held throughout the province. More detailed information and available minutes from the Section meetings are accessible online at www.cba.org/bc in Sections and Groups, for enrolled CBA members.
ADR – ViCTORiA
MEETiNG: February 13, 2008
SpEAKER: Wayne Plenert, Chair, mediator roster Society
TOpiC: Conflict Transformation
Wayne Plenert, a full-time mediator, whose practice includes family, workplace, and civil mediations in B.C., Yukon Territory, and Alberta, is also an instructor in leadership training, conflict resolution, and conflict transformation in Dawson Creek, Vancouver, and Victoria. His presentation, which was informative and thought provoking, was an overview of a workshop he recently presented for the Roster Society. Using conflict to transform the structure of relationships is a concept that seemed to resonate with everyone at the meeting. Mr. Plenert’s oral presentation was supported by a PowerPoint presentation which was circulated with the minutes to all ADR – Victoria Section members.
AiR lAW
MEETiNGS: January 24, 2008 and February 14, 2008
SpEAKERS: Steven o rosen, The rosen law Firm, Portland, oregon; robert Hedrick, Hedrick & Smith, Seattle, Washington
TOpiCS: movie magic – How the masters Try Cases; on the Horizon: very light Jets
Mr. Rosen, an aerospace engineer turned aviation attorney, specializes in litigation, trial, and appellate work in federal and state courts. His presentation on trial advocacy used a series of movie clips from such movies as “To Kill a Mockingbird” and “Judgment at Nuremburg” to illustrate different techniques for addresses to juries, direct examination of witnesses, cross examinations, and summations. The entertaining presentation demonstrated the importance of using themes, storytelling, and pacing to present the case.
YOUNG lAWYERS – lOWER MAiNlAND
MEETiNG: February 19, 2008
SpEAKER: Darrell W. roberts, QC
TOpiC: Courtroom evidence refresher
For this presentation, Darrell Roberts, QC stepped into the shoes of a junior barrister and gave a refresher of evidentiary issues likely to be encountered by young lawyers at trial. Mr. Roberts began with the proof of documents, highlighting Rules 26(14), 31 and 40(13), and went on to cover the use of examination for discovery evidence, utilizing formal admissions, past recollection of witnesses, and the case of U.S. v. Riccardi (1949) 174F.(2nd) 883 (USCA), hearsay and its exceptions, and using expert evidence wisely. Darrell also gave some important practical advice for trial, including tips on calling and subpoenaing witnesses, making opening speeches, organizing minutes of evidence, using leading questions in direct examinations, refreshing a witness memory, making and answering objections, quickly identifying hearsay objections, and techniques for cross-examination.
“This meeting was a rare opportunity for us to have a leading practitioner and instructor review the fundamental concepts of evidence. Darrell’s presentation was thorough, precise and surprisingly comprehensive given that he only had an hour to speak!”
– Co-Chair, Cherisse Friesen
From left to right: Cherisse Friesen, Co-Chair, Guest speaker; Darrell roberts, QC; Angela rinaldis, member-at-large; and robin bajer, Treasurer.
At the February meeting Robert F. Hedrick, a graduate of the McGill Air and Space Law Institute, and a multi-rated commercial pilot, flight instructor and FAA certified airframe and power plant mechanic from Seattle, gave a presentation entitled “On the Horizon: Very Light Jets.” The presentation canvassed a broad range of legal, regulatory, and insurance issues raised by the advent of “very light jets” or VLJ. These aircraft from manufacturers such as Eclipse and HondaJet typically seat five to six passengers and can be operated at altitudes similar to commercial airliners. The upcoming meeting in March will include a videoconference presentation from Manitoba Crown Counsel involved in the case of R. v. Tayfel which resulted in the conviction of a commercial pilot for criminal negligence causing death. The April 18th meeting will focus on aviation security for the 2010 Olympics.
ElDER lAW
MEETiNG: February 13, 2008
SpEAKER: laura Watts, national Director of the Canadian Centre for elder Studies
TOpiC: Aging with Challenges
SECTiON pApERS –A Benefit of Membership
every CbAbC member is eligible for one free Section enrolment, free access to Section Papers, and archived b.C. Section minutes back to 1999 with each enrolment. Section Papers are archived Speaker’s notes, presentations, or case comments and are continuously being updated online at www.cba.org/bc.
To Section members in attendance and by teleconference, Ms. Watts gave an extremely informative presentation on a wide range of issues regarding Elder Law. Laura described some of the findings of a recent survey conducted by the Canadian Centre on Elder Law Studies on Aging With Challenges. For example, responses overwhelmingly identified smoking as the most prevalent “addiction” among the elderly residents of assisted living and long-term care facilities. Another surprise was the number of responses identifying the need for more information on gender identity issues in care facilities. Ms. Watts concluded her presentation with an update on the status of Bill 29, the “Adult Guardianship and Planning Statutes Amendment Act.” BT
EMplOYMENT lAW
MEETiNG: February 19, 2008
SpEAKER: Gabriel m. Somjen, borden ladner Gervais, llP
TOpiC: Dismissing the Disabled employee
The Section was honoured to have Gabriel Somjen address members on a topic of great uncertainty for employment law practitioners – Dismissing the Disabled Employee. Mr. Somjen used contextual examples from case law to identify a number of the pitfalls in this contentious area, including concerns about human rights and the termination of benefits. He also shared his advice and thoughts on how these potential problems may be avoided. The interest in the topic was apparent as more than 60 people attended the meeting in-person, while others attended by webinar (computer and telephone). It was the first time the Employment Law Section has used a webinar which Co-Chair, Lanny Robinson hailed as a success.
“Without the webinar technology, we would have had to restrict participation in the meeting. Fortunately, we didn’t have to contend with limited seating – or the Fire Code – and we did not restrict attendance to Section members in Vancouver. We will certainly be using the technology again.”
– Co-Chair, Lanny Robinson
From left to right: lanny robinson, Co-Chair, employment law; and Guest speaker, Gabriel m. Somjen.
Financing pro Bono
Getting the right paying clients first...
If you run short of money I’ll run short of time you got no more money honey I’ve no more time …
WordsandmusicbyleftyFrizzell, recorded by Willie nelson.
In thinking of Access to Justice, it occurred to me that lawyers and law firms are often asked to contribute to the cause by taking on pro bono cases for worthy clients who otherwise could not afford a lawyer. As we all know, law firms can only take on pro bono cases if they are sufficiently afloat in order to offset their pro bono time by other, presumably, paying clients. Accordingly, this column will look at tips for keeping your house in tip-top financial shape in order to be able to support your firm’s pro bono activities:
GET THE MONEY Up FRONT
David J. bilinsky is the Practice management Advisor for the lSbC. e-mail: daveb@lsbc.org blog: www.thoughtfullaw.com
know of to measure the cost to a firm of providing legal services is to seek to allocate personnel and other costs by lawyer across the number of hours of billable service provided. Every lawyer and every firm should know how much it costs to provide an hour of legal services. Without this basic financial building block, you don’t know whether you’re making money or losing it by working on any particular file.
If you have a fair fluency with Excel, it’s not too difficult to use linked spreadsheets to allow you to determine your hourly cost structure. Understanding this has enormous implications for determining your top-profitability lawyers, clients, and files (as opposed to top revenue generators… which may, or may not, be the same!).
pREpARE A DETAilED BUDGET
I am continually asked how best to collect receivables. My answer, perhaps unhelpful, is to prevent them from happening in the first place. Most lawyers have long stated that there is a litmus test in the practice of law, and this is asking for money at the start of the file. If a client is reluctant to provide funds at the start of a file, there is a better-than-even chance that they will be even more reluctant to provide such funds at the end of the file. The simple act of asking for money is not embarrassing – it is a tested means of determining if you have a “good and true” client before you or your firm invests time and money into their cause.
DETERMiNiNG YOUR HOURlY COST STRUCTURE
– WHAT iS YOUR pROFiT SpREAD?
Abraham Lincoln said that a lawyer’s time is his stock in trade, and it’s true. The only way we
Carl Sandburg said “Nothing happens unless first a dream.” This means forecasting your future financial performance – income and expenses – and then tracking your actual income and expenses to see how you are doing. By taking the steps to build your budget, you are actively visioning your expected financial returns. By tracking your income and expenses, you are building a “feedback loop” that allows you to determine if you are staying on your financial path. Furthermore, a budget is part of your overall business plan – which represents the difference between “taking in whatever comes in the door” to “going after the markets and the clients that you wish to work for and drawing them to you.” A spreadsheet to create a budget can be found at: http://www.lawsociety.bc.ca/practice_support/ articles/docs/Budget.xls.
TRACK YOUR TiME
“Why track my time?” Why? Simply because if you have financial goals (recall the budget?) those goals translate to daily, weekly, monthly and yearly billable time targets (even if you bill by contingency, you still need to achieve an average hourly rate at least equal to your budgeted amount to bring home the amount that you have forecast!).
Tracking your billable time is the essential starting point for any financial analysis of your practice. Without accurate time records you can’t determine:
• The cost of rendering services (i.e. what did that conveyance actually cost you to produce?)
• EHR (your Effective Hourly Rate – or your total hours logged (not just billed) divided by the fees recovered on the file)
• Time Written Off, etc
CRAFT iNTAKE FORMS
Craft Intake Forms and Procedures that ask you questions about the potential client and incorporate specific intake policies to match your business and marketing plan (remember that vision?). Your intake forms set forth the area(s) of practice and types of files that you wish to pursue (as well as those that you don’t) by incorporating a check-list as part of the form.
Your Intake Forms ask you whether the potential client matches:
• Your target clients (area of practice and type of files).
• Your fee agreement expectations.
• Whether the client is someone with whom you wish to work (potential trouble?).
Your client agreement should also:
• Shape expectations (incorporate an information sheet that discusses their type of claim, the process that they can expect and the range of possible outcomes for their type of file).
• Minimize unnecessary calls (by providing information early in the process to the client).
• Facilitate communications (state that you will send your clients copies of all correspondence sent and received as well as periodic (standard) information when their file reaches predetermined milestones).
• Handle emergencies (advise your client how best to contact you and your office).
Proper client and file management will help you attract the right mix of paying and pro bono clients to achieve your income goals and avoid having those awkward moments sitting across from clients and telling them if they have no more money honey, you’ve no more time.... BT
DAVE's TEcH TIP
Technology Tip from Dave’s Award-Winning Blog: (www.thoughtfullaw.com):
one of the lessons we have all learned when using computers – usually the hard way – is to back up your work. There are few sensations to match that sinking feeling when you realize that your document/file/hard drive has been deleted, crashed, or simply disappeared – leaving you frantically trying to recover your data.
Yet many of us have websites and blogs that are hosted by third parties – and we are blissfully unaware of whether or not these third party hosts have dutifully backed up one’s work in the event of some disaster. enter HTTrack Website Copier. This free application (distributed pursuant to the Gnu General Public license as published by the Free Software Foundation) allows you to make a backup of your website or blog by downloading to a local directory, all the directories, HTml, images, and other files found in your blog or website using your original link-structure. once downloaded, you can “browse” your website or blog as if you were online. It is quick, easy to configure and easy to use.
This is a great application and a fine example of the other free software to be found under the Gnu free licence. And best of all, by backing up your website or blog, you can be assured that your data will never leave you alone.
The views expressed herein are strictly those of the author, and may not be shared by the law Society of b.C.
professional Discourtesy
We aren’t the sharks. But sometimes, we’re hired by them.
In February, I went to a conference in Nassau. I always scuba dive where the water is warm, but this time, I decided to go on a Shark Adventure Dive, where the dive masters ushered me 40 feet below the dive boat while they fed around 50 large sharks circling a foot or two from my nose. Unlike documentaries on the Discovery Channel, there were no cages, but they did suggest that we not move our hands or pee in our wetsuits. Like other dangerous pastimes such as driving a car or eating too much red meat, there’s a calculated risk that you won’t die doing it, but a minor risk that you might. Of course, the Dive Shop sells you the DVD and the photos of you in your own personal “Thunderball” moment, and I took the bait; posting my 120 seconds of fame on YouTube. I sent the link to an odd collection of co-workers, family members, former girlfriends, old buddies and clients. Shark diving was on my “bucket list” of things to do before I died, and having not died, I felt I earned the bragging rights.
Tony Wilson is a franchise lawyer at boughton in vancouver. He has written for the Globe and mail, macleans and Canadian lawyer. He is the swimmer in the top of this photograph, and did not pee in his wetsuit.
The various lawyers I am fortunate to have worked with over my career have been, with few exceptions, compassionate and dedicated professionals, trying to do what they’re paid to do without debasing their professionalism. Outside work, they volunteer their time for charitable causes, sit on boards, or coach their kid’s sports teams. Some contribute to our democracy by becoming involved in politics. Others seek to create a better world by making us conscious of the energy we misuse and what we throw out.
Our own CBA seeks to promote justice in an unjust world by drawing attention to the plight of lawyers and judges in Pakistan, or the fate of prisoners tortured in Guantanamo Bay. Maher Arar isn’t free because Starbucks or Microsoft rallied around him. He’s free because lawyers took on his cause.
Other than my daughter informing me she officially had a cool Dad, I was shocked at a universal response that I had not expected: “ Professional courtesy” said virtually all the non-lawyers.
As a humour writer (this column won an award last year so I can say that now), I’m totally embarrassed that I didn’t think of the joke before they did!
But as a lawyer, I’m ticked off that we continue to have the reputation of “sharks” among those who can never be disbarred because they answer to no one for their ethical transgressions. As lawyers, we do our best to further our clients’ interests within certain rules, but we always risk getting our heads bitten off if our bills are too high or our ethics are too low.
An active and independent legal profession permits us to live in a country where cartoons depicting Muhammad, Jesus, Thor, Zeus or L. Ron Hubbard aren’t criminal offenses punishable by death, but works protected by free speech and the right to offend. In Canada, gays and lesbians can get married because lawyers saw a double standard and decided to fix it. The police can be held responsible for their mistakes, politicians can be accountable for corruption, and religious leaders can be convicted of sex crimes. But without lawyers pushing the envelope, our modern civil society might still be a medieval one.
As I consider Conrad Black and other non-lawyers serving jail time, it strikes me that we are harpooned far too often by those whose ethics are governed only by money. Until they face the equivalent of disbarment, the real sharks aren’t the lawyers. Sometimes they’re the ones who have to hire them. BT
law Week Online
In March 2008, the Canadian Bar Association B.C. Branch (CBABC) launched a new website for Law Week in British Columbia. Our intention is to raise the profile and public awareness of Law Week/Law Day events that are held throughout the province and across Canada. BClawweek.org has six categories: About, Events, Contests, Locations, Partners/Sponsors and Media.
ABOUT
Patricia Jordan is the CbAbC Web manager. She welcomes your comments, questions and suggestions. Tel: 604-646-7861
The history of Law Week, Law Week Committee members, the Committee’s mandate and contact information are published in “About.” As well, a detailed list of links for the courts and judiciary, law libraries, legal services and pro bono services is provided online.
EVENTS
e-mail: pjordan@bccba.org
In “Events” look for information on citizenship ceremonies, courthouse tours, the popular Dial-ALawyer program, public speaking and essay contests, mock trials, free law classes, a free public forum, the fun run, open houses, and presentations and displays by justice staff and legal organizations. Mock trials are an important part of Law Day events, as each year during Law Week the CBABC sponsors mock trials for middle school and high school students throughout the province. Look for photos of past open houses, mock trials and fun runs in “Events.”
CONTESTS
Each year the CBABC invites students to participate in province-wide contests that offer students an opportunity to learn about the law and the judicial system. A cornerstone event, the annual Barry Sullivan Law Cup public speaking contest, is open to students in grades 11-12. The popular essay contest
is open to students in grades 8-12. Learn more about these events in “Contests.”
lOCATiONS
In 2008, open houses will be held in Fort St. John, Kamloops, Kelowna, Nanaimo, New Westminster, Port Coquitlam, Vancouver, and Victoria. Visit “Locations” for details about events held in your area.
pARTNERS/SpONSORS
Law Week is made possible through the efforts of hundreds of lawyers who donate thousands of hours of volunteer time to Law Day events across Canada. Visit “Partners/Sponsors” for a complete list of law firms and organizations that support Law Week events.
MEDiA
The popular free public forum that is held in Vancouver will once again be hosted by Ian Hanomansing of CBC. The biographies of public forum guest speakers are available in “Media” under “Biographies of Speakers.” Media kits and news releases are also available in “Media.”
DiD YOU KNOW?
• In 2007, there were 1,133,424 visits to cba.org/bc or an average of 3,105 per day
• The Events Calendar was viewed more than 33,000 times
• The top three search phrases used were possession of marijuana, marriage contract and conditional discharge
• The employment ad for VANOC was downloaded 18,404 times
• Employment ads were downloaded 108,591 times. 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.
CURRENT FROM JANUARY 1 TO FEBRUARY 29, 2008
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 only published online and available to CbA members exclusively at www.cba.org/bc.
ACTS iN FORCE
ATTORNEY GENERAl STATUTES
AMENDMENT ACT, 2007, S.B.C. 2007, C. 14 (Bill 33)
Section 61 is in force March 3, 2008
SECURiTiES AMENDMENT ACT, 2006, S.B.C. 2006, C. 32 (Bill 20)
Sections 27 to 31, 40, 41(b), 47(e), 66(a) adding “98” and “99” to Section 184(2)(b.1) of the Securities Act and 70 are in force February 1, 2008
BlSAC 17th Annual National Conference
The black law Students’ Association of Canada held their 17th Annual national Conference in vancouver on February 22 and 23. more than 250 participants and speakers attended. For the first time in the 17-year history of the Conference, blSAC encouraged their members to participate in the Diversity moot. The Diversity moot was created to be a stimulating and didactic way for students to engage in legal issues relevant to the black community, and to enhance the litigation abilities of blSAC members.
SCHOOl (STUDENTS ACHiEVEMENT ENABliNG) AMENDMENT ACT 2007, S.B.C. 2007, C. 29 (Bill 20)
Sections 6, 7, 32, and 42 enacting Section 175(2)(r) of the School Act are in force in effect March 3, 2008
As a sponsor to the blSAC national Conference, the Canadian bar Association b.C. branch was invited to donate a gift, but the CbAbC decided instead to donate a multi-year trophy cup to be awarded to the winner of the moot. nicole Holas, a member of the CbAbC presented the CbAbC Patricia DeGuire Diversity moot Cup Award to michelle l velvet, a law student at Windsor law School. Patricia DeGuire is a co-founder of blSAC and CAbl, the Canadian Association of black lawyers. She was called to the ontario bar in 1993, and is known for her commitment to public service, legal education, and social justice.
University of Victoria Wins law Games and Donates $2,000 in prize Money to Charity
University of Victoria students returned from the 24th annual Law Games held this January in Montreal with $2,000 in prize money and the coveted Spirit Cup, which is awarded to the overall winners of Canada’s annual law student competition. The $2,000 have been earmarked for donation to the Victoria Women’s Transition House, which offers counselling and shelter to women suffering emotional and physical abuse.
left to right: nicole Holas presenting the CbAbC Patricia DeGuire Diversity moot Cup Award to michelle l. velvet.
investing in the Future of law:
Davis LLP and Irwin Davis make a $1 million donation to UBC
In December 2007, Davis LLP and Irwin Davis, grandson of the firm’s founder Edward Pease Davis K.C., announced a $1 million donation to the new UBC Faculty of Law building.
From time to time circumstances arise which force a law firm to reflect on matters outside of the dayto-day business of the practice of law. The need for the UBC law school was one of those circumstances.
Doug buchanan, QC Former national managing Partner of Davis llP
It is easy to forget how truly fortunate we are to be in a profession like law, working in an environment like the Davis firm and living in a country like Canada.
We recently had a book published on the history of the firm which gave the current generation of Davis lawyers some insight into the firm’s roots.
Since its inception in 1892 in Vancouver, the Davis firm has not only been a leader in the legal profession, but also a leader in the community. The firm has a history of “doing its duty” and “doing the right thing” regardless of risk, popular opinion and financial gain. Many Davis lawyers fought for Canada in both World Wars. E.P. Davis lost his son in WWI and seven Davis lawyers went to fight in WWII with five not coming home. After WWII, when the Japanese had few friends, the firm defended the Japanese Canadian citizens from the federal government’s attempts to deport them, and then later sued the federal government for recovery of property confiscated when the Japanese Canadian citizens were sent to the interior camps.
Court of Canada in two landmark cases, the Guerin case and the Sparrow case, which first established and later expanded the principle that the Crown has a fiduciary duty to aboriginal people.
Our lawyers have a tradition of public and community service from holding high political office, to serving in the courts, to serving in other positions such as Chancellor of UBC and Chief Treaty Commissioner for the Province.
It is clear that our profession and community need a new law school. Helping this happen is nothing more than being true to the firm’s tradition and simply doing the right thing.
The new law building, set for completion in late 2010, will be a combination of classrooms and lecture halls and will highlight a new UBC Law Library designed to meet the needs of future generations of law students and legal professionals. In total, the facility will provide space for more than 50 faculty members, 600 undergraduate students and 100 graduate students.
“It is easy to forget how truly fortunate we are to be in a profession like law, working in an environment like the Davis firm and living in a country like Canada.”
The firm later took on the cause of Canada’s aboriginal people and was successful at the Supreme
In commemoration of Davis’ contribution to the project, the profession and the community, the building will also house a state-of-the-art student lounge in the Davis name.
Our relationship with UBC dates back many decades. And while UBC Law has certainly built a reputation for consistent excellence, producing some of the country’s most outstanding leaders, Davis hopes this donation will ensure future generations of law students will continue to prosper in a broad range of disciplines with access to a world-class facility. BT
LA W WEEK
law Week 2008
Access to Justice: Breaking Down Barriers
Law Day is a national event created by the CBA celebrating the signing of Canada’s Canadian Charter of Rights and Freedoms . Held every April, Law Day provides an important opportunity to help Canadians learn about their justice system and to project a positive image of the legal profession. In many B.C. communities Law Day has expanded into week long activities.
This year’s theme for Law Week is “Access to Justice: Breaking Down Barriers.” Law Week 2008 marks the 25th Anniversary of the Dial-A-Law Program
The following provides an overview of some of the Law Week events that will be held across the province. Additional information about these events can be found at www.bclawweek.org. We hope you will come out and join the events in your community!
Open Houses and Other Events in local Communities
Open Houses will be held in the following communities and will include a variety of fun and educational activities such as mock trials, free law classes, citizenship ceremonies, courthouse tours, displays and demonstrations from a variety of justice and social service providers, Q & A sessions with senior justice system representatives, and police seminars:
• Fort St. John – April 16th
• Kamloops – April 19th
• Kelowna – April 19th
• Nanaimo – April 12th
• New Westminster – April 15th
• Port Coquitlam – April 17th
• Vancouver – April 19th
• Victoria – April 19th
Dial-A-lawyer
On April 19th CBABC will hold its province-wide “Dial-A-Lawyer” program between 10:00 a.m. and 2:00 p.m. During that time, members of the public are invited to call and speak with a lawyer for up to 15 minutes on the following topics: Business Law, Wills Estates & Trusts Law, Criminal Law, Tort and Motor Vehicle Law, Family Law.
Student Contests
The Vancouver Open House will include a public forum moderated by Ian Hanomansing with Chief Justice Brenner, Chief Judge Stansfield, RCMP Deputy Commissioner Gary Bass, VPD Deputy Chief Bob Rich, Vancouver Regional Crown Counsel Terry Schultes, QC, and LSS Executive Director Mark Benton, QC participating as panelists.
The following events provide valuable opportunities for secondary school students to improve their understanding about the law and the legal system. This year’s theme for these events is the “Law: Past, Present & Future.”
• BARRY SUlliVAN lAW CUp pUBliC SpEAKiNG CONTEST
– This annual event is one of the cornerstone events held in B.C. during Law Week. Open to students enrolled in grades 11 and 12; this year’s event will be held on April 17th in the Vancouver Art Gallery Heritage Courtrooms. The Law Cup is named in memory of Barry Sullivan for his contributions to both the legal and educational professions.
• ESSAY CONTEST – This contest is open to students in grades 8 to 12 from across the province.
Student participants from the 2007 barry Sullivan law Cup Public Speaking Contest
Fun Run/Walk
Members of the legal and justice system community and their families and friends are invited to come out and participate in the fifth annual Fun Run/Walk that will be held on April 6th at Locarno Beach Park.
Student Mentor program
Lawyers and judges are matched to attend high school classes to provide a valuable learning opportunity for students who have an interest in pursuing a legal career.
law Week Sponsors & partners
WE WOUlD liKE TO THANK OUR SpONSORS OF THiS YEAR’S lAW WEEK EVENTS:
Bar Association
Nanaimo Bar Association
iN ADDiTiON, WE WOUlD AlSO liKE TO THANK OUR pARTNER ORGANizATiONS FOR All THEiR CONTRiBUTiONS TO THiS YEAR’S EVENTS:
FiNAllY, WE WOUlD AlSO liKE TO THANK THE MANY lAWYERS AND OTHERS FOR VOlUNTEERiNG THEiR VAlUABlE TiME TO MAKE THESE EVENTS A HUGE SUCCESS.
VICTORIA
New Supreme Court Rules of Civil procedure
Since release of the November 2006 report, Effective and Affordable Civil Justice, Deputy Attorney General Allan Seckel , QC and Chief Justice Donald Brenner have travelled across B.C., consulting about justice reform generally and, more specifically, about proposed new civil rules of procedure.
Honourable
Wally oppal, QC Attorney General and minister responsible for multiculturalism
Feedback from lawyers, law firms, Bar associations, CBA Sections, chambers of commerce, service clubs, law schools, and other organizations to the over 40 information and consultation sessions they have hosted, has generally been positive. Final drafting of the proposed new rules is underway, with useful input from the rules revision committee.
As background for those of you who haven’t participated in the consultations, the Civil Justice Reform Working Group Report envisions a justice system that provides everyone, regardless of their means, with access to civil justice. The Report can be found on the B.C. Justice Reform Task Force website at: www.bcjusticereview.org/. (A summary of the ministry’s other justice reform initiatives can be found at: www.ag.gov. bc.ca/justice-reform-initiatives/index.htm.)
A key Working Group recommendation was that British Columbia’s civil rules should be reviewed and rewritten based on the principles in the report: proportionality, matching the process to the type of case, increased judicial involvement in case management, an expanded role for lawyers and preservation of the rule of law.
The result is expected to be a streamlined, more accessible Supreme Court system. We want a justice system where matters that can be settled are settled quickly and affordably, and matters that need a trial move through the courts in a timely manner.
It is very difficult to summarize changes to 400 pages of civil rules in a paragraph. Interested readers may want to consult the civil rules online consultation forum at: www.bcjusticereviewforum.ca/civilrules/ for more detail. Briefly, it is fair to say the new civil rules will:
• adopt a new case initiation and defence process that requires parties to accurately and succinctly state the facts and issues in dispute;
• require the parties to provide a plan for conducting the case and achieving a resolution;
• limit discovery, while requiring early disclosure of key information;
• limit the parameters of expert evidence;
• streamline motion practice;
• consolidate all three regulations regarding the notice to mediate into one rule under the Supreme Court Rules; and
“We want a justice system where matters that can be settled are settled quickly and affordably and matters that need a trial move through the courts in a timely manner.”
• provide the judiciary with power to make orders to streamline the trial process. We anticipate the new civil rules will be ready for Cabinet consideration in 2008 and, if Cabinet approves, they will come into force in 2010. This will allow time for the Bar, the judiciary, the public and the court system to prepare for the changes.
I will keep you informed as the changes to the civil rules progress. BT
Access to Justice
Has the recent and material erosion of public confidence in public justice systems reached crisis proportions? It is a serious question that deserves serious consideration.
Lawyers and judges often suggest the lack of confidence reflects only the public’s failure to understand what it is we do; but communication connotes a two-way exchange. We need to listen to the public we serve. While there is in fact public misapprehension regarding justice issues, I hear lots of criticism from reasonable persons who are reasonably informed.
Beyond the over-arching retributive cry for more people to be sent to jail for longer, much public criticism relates to broad considerations of access to justice, or at least the lack thereof.
Whether our justice system regains public confidence will be determined to a great extent by whether we – the Bar, the Bench, and government – effect material improvements in access to justice. Our seeming incapacity to change – to really change – may in large part be attributable to the fact that we operate in systems which were designed by lawyers and judges to serve the needs and interests of lawyers and judges. We have tended to ignore or to discount the perspective of our “customers,” the average citizens and small businesses who need, and increasingly expect, speedy, inexpensive and simple processes through which they can resolve disputes.
Like the dinosaur, we must adapt or perish. In our case “perishing” likely means having much of what we believe to be most valuable overtaken by legislation which has, as its genesis, public cynicism as to our ability to serve the public reasonably.
The good news is that all courts in B.C. are trying to make changes that will improve access. The question
that remains is whether we are doing more than “moving the deck chairs.”
In the Provincial Court, we have begun a civil pilot with lawyer/ adjudicators providing a “one-stop shopping,” expedited (one-hour) and dispositive hearing for disputes under $5,000. Simple debt claims have another one-step summary process. Disputes between $5,000 and $25,000 are being mediated by non-judge mediators. Trials are simplified and expedited through brief pre-trial conferences.
We continue to resolve a very high percentage of parenting disputes through non-adjudicative mediation-styled case conferences which not only generate better outcomes and reduce collateral damage to children, but are as understandable in process as a discussion around the kitchen table. We have numerous criminal reform initiatives: the first Community Court in Canada; a continuing and successful Drug Court; B.C.’s first restorative justice First Nations Court; “Compliance Court” to expedite alleged breaches of court orders; movement of non-adjudicative work away from judges; and creating a new class of lawyer/JJPs to determine bail and search warrant applications.
As worthy as these initiatives are, we need to do much more in listening and being seen to listen to the public, creating access points for the public to participate in and gain some sense of ownership in “their” justice system, and to demonstrate that all of us within the justice system share the public objective of achieving safer communities, and faster, simpler, and more understandable resolution of civil and family disputes.
“Access to Justice” is the essential goal which should be shared by all of us. If we don’t adapt our processes to meet the needs of the community more effectively, why should they reasonably bestow upon us the precious commodity that is their confidence? BT
Chief Judge Hugh C. Stansfield Provincial Court of b.C.
law Grad Debt Blocks Access to Justice
$19,850 is not just the down payment for a decent first apartment, it is also one year’s tuition at the University of Toronto Law School. Beyond that, $19,850 is also a number that is reducing access to justice across Canada.
Since 1999, the University of Toronto Law School has led the charge in escalating law tuitions, a growing trend that is now undermining law schools’ long history of turning out graduates able to practise law on behalf of low-income groups or address the public interest issues of the day.
David eby is a lawyer
practising with Pivot legal Society in vancouver
“Many law grads that have long histories volunteering with Pivot face a major financial hurdle in joining our practice,” says John Richardson, Executive Director of Pivot Legal Society in Vancouver, a non-profit organization that serves Vancouver’s poorest neighbourhood. “Lots of them, even years after graduation, have to turn down positions with us due to continuing student debt obligations.”
It would be incorrect to suggest that U of T alone is failing to turn-out law grads financially able to provide legal services to low-income groups, or who can address public interest issues like the environment. In fact, with an innovative back-end debt relief program for those working in access-tojustice related careers after graduation, U of T is actively addressing the issue; many law schools across Canada don’t have comparable programs, but do have comparable tuitions.
mandatory fees which routinely run more than $1,000 per year. This average includes much lower-cost Quebec law school tuition fees that run about a third the cost of other provinces’ tuitions. A 2004 study showed 40 per cent of law students currently graduate with at least $40,000 in debt. Thirteen per cent graduate with at least $70,000 in debt.
While a recent University of Toronto study found that access to law school by groups defined by gender and race remains consistent despite rising tuition, over the 4-year study period graduates from all law schools in Ontario, including U of T, became more likely to article in large firms. The study also showed a decline in the proportion of graduates working in non-firm settings for Ontario, but was unable to study the effect of rising tuitions on access to public interest or legal aid career choices.
“many law grads who have long histories volunteering with Pivot face a major financial hurdle in joining the practice.”
Richardson says that he doesn’t need a study to tell him that grads struggling with significant debt loads have difficulty taking public interest jobs; he hears it often enough to know it’s a major factor. “It’s something we’re really trying to find innovative ways around,” says Richardson. “We want people that come from the communities we’re serving to be able to practise with Pivot. That’s our goal.”
For the 2005/2006 academic year, law school tuitions across Canada averaged $6,722, before
Richardson adds that Pivot is searching for ways to deal with the barrier, examining options for everything from subsidized housing for staff, to seeking dedicated funding to help employees pay down loans. For now, however, law grads struggling with debt will continue to have difficulty taking lower paying jobs that place an emphasis on providing access to justice. BT
law Students’ legal Advice program
THE pROGRAM
The Greater Vancouver Law Students’ Legal Advice Society (GVLSLAS) is a nonprofit organization incorporated in 1978 by students attending the Faculty of Law at the University of British Columbia. The GVLSLAS operates the Law Students’ Legal Advice Program (LSLAP), through which the law student volunteers provide free legal advice and assistance to low-income individuals and to members of other disadvantaged communities in the Greater Vancouver Regional District. LSLAP operations are funded via the generous support of the Law Foundation of British Columbia.
nicholas Tsoi executive Director 2007/2008 law Students’ legal Advice Program, ubC
LSLAP’s primary goal is to offer free legal advice and representation to those who cannot afford it. LSLAP achieves this by both providing direct assistance to the client and educating the layperson in the use of the legal system.
LSLAP runs a number of legal advice clinics throughout the Greater Vancouver area. During the school year, the clinics take place in the evening, in order to fit with the students’ class schedules. In the summer, LSLAP hires approximately 25 students to run full-time clinics during regular business hours.
Students will meet with clients for an initial halfhour interview at one of LSLAP host sites to open a case file. Once this is done, the students will return to the campus to do research and to meet with one of the full-time staff lawyers. Brian Higgins is the program’s Supervising Lawyer and Joni Worton is the Family Law Supervising Lawyer. LSLAP also has two full-time administrative staff members to help with the file work.
THE CHAllENGES
LSLAP is currently in the middle of a three-year family law initiative funded by the Law Foundation of B.C. This has enabled us to provide legal advice and representation to clients in Provincial Court orders and uncontested divorce matters. LSLAP is making continued efforts to inform the general public of this program, but LSLAP believes that a long-standing belief still exists that LSLAP cannot help with family law matters. Therefore, LSLAP encourages lawyers to spread the word that LSLAP offers advice and representation in this area of law.
There are also limits to the types of services that LSLAP can offer. LSLAP cannot represent clients with land/property matters including those involving wills and estates. LSLAP also cannot advise or represent in immigration matters, an area of law that often involves clients who cannot afford a lawyer. Furthermore, LSLAP cannot represent clients with criminal charges if they have a prior criminal record, face an indictable offence, or if Crown Counsel is seeking jail time. Finally, LSLAP clinicians cannot appear before a Superior level court (unless it is an uncontested divorce matter). This means that LSLAP cannot represent clients with matters before the British Columbia Supreme Court or the Court of Appeal.
HOW CAN CBA MEMBERS HElp?
Our program relies on the students that make up the body of clinicians. LSLAP also depends on members of the Vancouver Bar to volunteer as supervising lawyers at the evening clinic sites. If you are interested in providing two hours of volunteer time, please contact LSLAP. It is a great opportunity for you to provide advice and direction to future lawyers. BT
The Women lawyers Forum Has Done it Again!
on February 13th, 2008, WlF hosted a sell-out crowd of more than 300 people at the Four Seasons Hotel for the second Signature event luncheon which featured an inspiring and thoughtful speech by maureen mcTeer.
Featured event speaker maureen mcTeer mixes and mingles with attendees of the Women lawyers Forum Signature event luncheon.
maureen described a fascinating life in the law while raising her daughter and supporting her husband, the former Prime minister and Conservative leader, Joe Clark. She reminded us about how much has changed for women and women lawyers from the not so long ago days when she was criticized for daring to keep her own name and not take on her husband’s.
maureen’s remarkable legal career of research, teaching, international advocacy (especially on issues relating to women’s health), the intersection of biotechnology, and ethics and the law were an inspiring example of what one woman lawyer can achieve.
While these vignettes resonated with the women attending, the most important message was that barriers facing women in our profession still exist. ms. mcTeer referred to the “maternal walls” that she said were “to keep us inside the box – even when we thought we had cracked the glass ceiling.”* We were all exhorted to stand together “as we did in the late 1970s to protect and promote the values on justice and fairness that are at the heart of s.15 and s.28 of the Charter.”* ms. mcTeer was not projecting a message of gloom, but of energy and inspiration. many guests appeared to be moved by her message to rally and engage in positive action.
maureen mcTeer was a most delightful guest. She was gracious and personable to all who spoke with her after the luncheon, and was quick to share laughter and insights with all of us.
* cited from ms. mcTeer’s speech reproduced in full in The vancouver Sun, February 29, 2008 at A-15.
The Women lawyers Forum presents the 2008 Education Day: What Women (lawyers) Want.
This series of documentary shorts, featuring a high profile cast, will provide you with valuable tips on how to achieve a happy family life, strong mentoring relationships, leadership skills, new opportunities through volunteering, prosperity, and a collegial workplace. Friday, April 25 from 9:00 a.m. to 4:30 p.m. at the Metropolitan Hotel in Vancouver.
For more information, contact Angela Dunn, WLF Education Committee Co-Chair at 604-901-1262 or Fran Hodgkins, CBABC Sections Coordinator at sections@bccba.org.
For B.C. lawyers, participation in this program can be listed as up to seven hours of continuing education in completing your Annual Report to the Law Society.
Women’s law, Women’s Rights, Women’s issues: An African-Canadian Dialogue
Co-sponsored by the CBABC Women lawyers Forum, law Courts Education Society of B.C., and West Coast lEAF
Thursday, May 29, 2008
law Courts inn Restaurant
800 Smithe Street, Vancouver
5:00 p.m. – 7:00 p.m.
$20/person for CBA/West Coast lEAF members
$30/person for non-members
Join us for a rare opportunity to hear from African and Canadian women lawyers about women’s law, women’s rights and women’s issues. Speakers include: ms. mahdere Paulos, executive Director of the ethiopian Women lawyers Association; Adv.Tsidi Kambula, national Prosecuting Authority of South Africa; ms. nytia Iyer; ms. Jennifer Conkie, QC; and the panel will be moderated by the Honourable Judge Shehni Dossa, Provincial Court of b.C. For more information or to register please contact: info@lawcourtsed.ca.
April – May 2008
April 9
April 11
April 12-13
Branch and Bar Calendar (see cba.org/bc for details)
CBABC Women lawyers Forum Award of Excellence
WlF announces a unique award to recognize an exceptional woman who has taken risks, fostered change, and ultimately opened doors for women lawyers. nominations must be submitted before April 15, 2008. nomination forms are available from the CbAbC at 1-888-687-3404 or 604-687-3404 or www.cba.org/bc.
Legal Assistance Program Workshop: Self Esteem Group (Vancouver)
For information on the highlighted member Services suppliers and several we have not mentioned, check out the CbAbC website under the “member Savings” section in “membership” for information on suppliers, contact numbers, and order forms. Alternatively, you can e-mail members@bccba.org and request information or call the CbAbC office for assistance.
playhouse Theatre Company
The Playhouse Theatre Company is pleased to offer CbA members a discount of 20 per cent on regular and season tickets. Consider taking in True West until April 19th. “many consider Sam Shepard to be our greatest living playwright. others have called True West the best play of the twentieth century. There’s a reason John C. reily and Philip Seymour Hoffman, John malkovich and Gary Sinise took on and devoured these roles on broadway – this is a true actor’s play, with crackling dialogue and brilliant character studies.”
Stanley Theatre
playland/pNE
This year’s program offers CbA members and their family’s savings of up to 33 per cent on tickets to various PNE events, including Playland, The Fair at the Pne, Fright nights, and other special events held throughout the year.
Auto leasing/Sales
Pro Group was founded in 1985 with the purpose of serving members of professional groups and associations with an easy and hassle-free car buying or leasing experience. See the CbAbC website for more information on how they can assist you with your next automotive purchase, lease, or trade-in.
Accommodation
Purchase your tickets at the Corporate rate and enjoy mel brooks’ Tony award-winning show The Producers. “‘We have to find the worst play ever written!’ When broadway producer max bialystock and neurotic accountant leo bloom discover they can make more money with a theatrical flop than with a hit, the zany schemers begin a madcap search to find a ‘guaranteed-to-close-in-one-night beauty.’ They rejoice when SpringtimeforHitler lands on their desk. Surely, a musical homage to the Führer couldn’t possibly succeed – or could it?” Running May 15 - July 13, 2008
Vancouver Opera
The vancouver opera is admired around the world for presenting exciting productions of high quality, for the estimable playing of its orchestra, and for attracting artists of international stature. Check the website for CbAbC discounts and buy your tickets now for La Boheme, starting April 26.
.C. hotels online with meetingmax
A members receive exclusive savings when they book hotel rooms through meetingmax members can view room rates, amenities and photos of hotels in british Columbia offering members exclusive discounts.
park ‘N Fly Airport parking
Show your CbA membership card to receive a 25 per cent discount off regular rates at the vancouver International Airport. To save time and avoid line-ups inside the airport, use the Park ’n Fly on-site Check-In Counter (Air Canada or Air Tango only, not available for u.S. destinations).
Sign Me Up!
q Yes, please send me monthly updates on the latest CbAbC promotions.
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Please complete this form and fax back to 604-669-9601/ toll-free 1-877-669-9601 or sign up by e-mailing your information to members@bccba.org.
a Theatre
Bar Moves
Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to bar moves at cba@bccba.org.
lAUREl ElizABETH HUDSON (formerly Laurel Bieber) is pleased to announce the change of her company’s name from Bieber Law Corporation to Laurel Hudson Law Corporation.
SEAN O’NEill has joined the Securities Group in the Vancouver office of Lang Michener. His legal practice assists clients in the areas of general corporate, commercial and securities law, as well as private equity financing.
Johns Southward Glazier Walton & Margetts is pleased to announce the addition of a new associate, MAUREEN ABRAHAM. Maureen will be pleased to assist current and new clients in the area of general civil litigation.
ERiC KERR has joined Bull, Housser & Tupper LLP as an associate with the Real Estate Group. He articled with Johns, Southward, Glazier, Walton & Margetts in Victoria, B.C. and was called to the B.C. Bar in March 2005.
Koffman Kalef LLP welcomes ERiN K. TAiT to the law firm partnership. Erin practises in the area of commercial real estate development, leasing, acquisition and sale.
GilliAN CANNiFF has joined the firm of McQuarrie Hunter as an associate. Ms. Canniff practises at McQuarrie Hunter’s Surrey office on 104th Avenue in the areas of family law, general civil litigation, and employment law. North Shore Law (formerly Bradbrooke Crawford Green) is pleased to announce that ROBERT MERlO, JEFFREY BRYANT, and VANESSA MARSHAll have joined the firm. Robert and Vanessa will practise in the Insurance Defense group, and Jeffrey will continue his practice in family and commercial litigation.
Chen & Leung is pleased to announce that STEpHEN ANDREA has joined the firm in February 2008 as an associate, adding his courtroom experience to the general litigation section.
JENNiFER DEViNS has joined Roper Greyell LLP, Employment + Labour Lawyers as an associate, after articling and practising briefly at a large national firm.
After spending seven years with Miller Thomson in Vancouver, JEREMY CHAN recently joined Methanex Corporation as Corporate Counsel at the company’s headquarters in Vancouver.
Johns Southward Glazier Walton & Margetts welcomes their newest associate, CRAiG YOUNG. Craig will be practising corporate/commercial, real estate and estate planning.
SARAH KliNGER, formerly of Waddell Raponi, has joined Cardinal Law in Victoria to further develop her plaintiff’s personal injury practice.
ANN HOWEll, formerly of Whitelaw Twining has joined Nathan Smith Law as an associate where she will practise in the area of medical malpractice litigation.
Oyen Wiggs Green & Mutala LLP is pleased to welcome CRAiG A. ASH as a partner of the firm.
Oyen Wiggs Green & Mutala LLP is pleased to welcome JENNiFER A. MARlES to the firm as an associate.
ElAiNE M. DAViES left Carr Buchan and Company and has set up her own sole practice in Victoria as Elaine M. Davies Law. Elaine continues to practise in the areas of conveyancing, wills, estates and family law.
TONY FOGARASSY joined NaiKun Wind Energy Group Inc., an offshore wind power developer, as Director of Corporate Projects and General Counsel.
CATAliNA RODRiGUEz leaves Roper Greyell LLP to continue to practise employment law as an Employee Relations Advisor with Best Buy Canada.
NEW MEMBERS
The CBABC Branch welcomes its newest members! The following new members joined in the months of January and February of 2008:
MEliSSA KlAGES
Regular Members
JOE CARANGi
Watson Goepel Maledy LLP
Vancouver
AliSON COWAN
Horne Coupar
Victoria
CHANDAN K. DHAHAN South Point Law Centre
Surrey
ERiC A. KERR
Bull, Housser & Tupper LLP
Vancouver
KiMBERlY A. MARSCHAll Albas Wahl, Lawyers Penticton
AMANDA MEADE
ICBC-Litigation Department
New Westminster
SATiNDER K. SiDHU Clark Wilson LLP
Vancouver
ElizABETH M. THAMpY
Stikeman Elliott LLP
Vancouver
Articling Students
JEN BYE
Guild, Yule and Company LLP
Vancouver
Christopher H. Johnston Law Corporation
Revelstoke
CHRiSTOpHER MiSURA Fiorillo Glavin Gordon
Vancouver
CHRiSTOpHER SOll
Soll & Company
Kamloops
JAMES THORNBACK
Camp Fiorante Matthews
Vancouver
Law Students
CAilEN BRUST
Victoria
BRENDAN HODGE
Delta
DEViN lARSON
Abbotsford
GilliAN piGGOTT
West Vancouver
BRAD SOlliS
West Vancouver
BEN TARNOW
Richmond
NATHANiEl TSANG
Richmond
EMilY YUEN
Victoria
ClEBC Update
NEW COURSES AND pUBliCATiONS
ClebC will be presenting several new courses this spring and fall. Strata Property: All Stacked up will be held on June 5, and will complement ClebC’s newest publication, the Strata Property Practice manual. members of the book’s editorial board will present and lead discussions on important strata property law issues including privacy, Strata PropertyAct section 164 applications and remedies, insurance, “sections” created under StrataProperty Act sections 192 or 193, duty to repair and maintain, and human rights. Fall courses under development include China business law, Statements by an Accused, and Pro bono Practice. The latter course will be presented on September 17 in conjunction with the 2nd national Pro bono Conference, which is being held on September 18 and 19 in vancouver.
The new Annual review of law and Practice, current to January 1, 2008, will be released in late march. The Annual review is published to update the profession on all major areas of legal practice. Written by b.C. lawyers with recognized expertise in their practice areas, the 17th edition contains 33 chapters, and reviews 2007 legislative amendments, case law and practice changes. This publication is an affordable and reliable way for busy british Columbia practitioners to monitor legal and practice changes during the last year.
The Lawyers Show April 18th & 19th, 2008
Jim Poyner (Poyner baxter llP) and Scott Johnston (Koffman Kalef llP) practise different law but both have something in common, having both performed in all six of the lawyer Shows, an annual fundraising event for two charities – the Arts Club Theatre Company and Touchstone Theatre. In April, they will once again join other lower mainland lawyers to perform in Once in a Lifetime, a fast paced, screwball comedy of 1920s Hollywood. The lawyer Show runs two nights only on April 18th & 19th at 8:00 p.m. Tickets include the show, a post show reception and a tax receipt. For further information call 604-687-1644.
The Board of Governors of the Law Foundation of B.C. met on December 1, 2007 and approved funding for a number of continuing programs and projects.
Chair, Dev Dley, QC is pleased to announce that funding totalling $4,968,100 was approved for the following 17 continuing programs:
$3,599,750
lEGAl SERViCES SOCiETY Operating Grant
$175,610
DOWNTOWN EASTSiDE RESiDENTS’ ASSOCiATiON Advocacy Services Program
$167,000
UNiVERSiTY OF BRiTiSH COlUMBiA, FACUlTY OF lAW First Nations Clinical Program
$166,920
GREATER VANCOUVER lAW STUDENTS’ lEGAl ADViCE SOCiETY Operating Grant
$153,590
B.C. COAliTiON OF pEOplE WiTH DiSABiliTiES Advocacy Access Program
UNiVERSiTY OF BRiTiSH COlUMBiA, FACUlTY OF lAW
$120,000 Graduate Fellowships
$58,000 Undergraduate Scholarships
$27,500 Project Grants
$27,000 Entrance Awards
$94,000
lAW FOUNDATiON lAY ADVOCACY EDUCATiON AND TRAiNiNG FUND
Education and Training for Law Foundationfunded lay advocates
Seeking Nominations – New Work life Balance Award
The Work life balance Committee of the Canadian bar Association, b.C. branch, has established a new award to recognize lawyers, law firms, or organizations who demonstrate leadership in promoting work life balance within the practice of law.
The Work life balance Award is designed to reward innovation and creative thinking in work life balance and to recognize a CbAbC member, law firm, or organization who demonstrates this balance in their practice or who is a leader in the development and implementation of work life balance strategies to assist others to achieve work life balance.
The Work life balance Committee is seeking nominations for the Work life balance Award. nomination forms can be downloaded from the CbAbC website at http://www.cba.org/bc/home/main/ under the news and Jobs section and must be received by the CbAbC Committee Coordinator by 4:30 p.m. on April 30, 2008. The Work life balance Committee, in consultation with the Awards Committee of the CbAbC, will select the recipient of the Work life balance Award at the end of may, 2008 and will present the Award in June, 2008.
All nominations should include a brief description of how a nominee has achieved, encouraged, or facilitated initiatives to achieve a healthy work life balance.
$76,000
lAW COURTS EDUCATiON SOCiETY
Northern Public Legal Education Program for First Nations Communities
$71,500
lAW SOCiETY OF BRiTiSH COlUMBiA CANLII Virtual Law Library
$70,000
B.C. FREEDOM OF iNFORMATiON AND pRiVACY ASSOCiATiON
Law Reform/Public Legal Education Program
UNiVERSiTY OF ViCTORiA, FACUlTY OF lAW
$60,000 Graduate Scholarship Program
$58,000 Entrance and Renewal Scholarships
$27,500 Project Grants
$15,730
DEBATE AND SpEECH ASSOCiATiON OF B.C.
Law Foundation Cup Debates
For full details of the programs and projects that received funding, please visit The Law Foundation of British Columbia’s website at www.lawfoundationbc.org.
Discounted tickets available for two great shows for you and the family to enjoy!
STACCATO
Saturday, May 17, 2008 at 2:00 p.m.
Genre: circus theatre; Age Group: ages 5 and up; Duration: 50 minutes.
COMEDY 4 KiDS
Sunday, May 18, 2008 at 2:00 p.m.
Genre: comedy; Age Group: ages 6 and up; Duration: 50 minutes.
ClASSiFiED (per line)
CbAbC members/Firms
Commercial organizations
Next deadline: may 9
DiSplAY
3” x 2.5”
CbAbC members/Firms
Commercial organizations
6” x 2.5”
CbAbC members/Firms
Commercial organizations
Next deadline: may 9
iNSERT (all of B.C.)
CbAbC members/Firms
Commercial organizations
Next deadline: may 14
Next mailing: June 6
$25
$50
$450
$900
$810
$1,620
$1,200
$2,400
Direct BarTalk advertising inquiries to: Jesse Tarbotton
barTalk Senior editor
Tel: 604-646-7856 or 1-888-687-3404
e-mail: jtarbotton@bccba.org
p OS i T i ONS AVA il AB l E
lOCUMS – OnPoint Law Corp. is looking for exceptional litigators and solicitors to join its Locum Division. Successful applicants must have at least five years experience in one area of law, and be available for flexible placements. Please send a resumé to Sarah Picciotto at spicciotto@onpointlaw.com or call 604-879-4280.
S ERV i CES
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.
l AW p RACT i CE AVA il AB l E
A small solicitors practice on the Sunshine Coast is a available, effective immediately. The present
lawyer is retiring, and would like a good home for his clients and files. For further information, call Mike Crowe, at 604-883-9875.
2008 Golf Tournament
The 2008 new Westminster/Fraser valley bar Associations’ Golf Tournament will be held on Thursday, July 3 at Guildford Golf Course in Surrey. Stroke play or Texas Scramble, at your option. For information, contact richard molstad at 604-526-1821.
