BarTalk | April 2010

LAW WEEK 2010 | LEGAL AID | OLYMPICS | THE BATTLE OVER WEB 2.0

April 2010 | www.cba.org/bc

Can You Guess Where These B.C. Courthouses Are Located? Page 2

NEWS BarTalk Editor

Deborah Carfrae

Editorial Board Chair

Dierk Ullrich Editorial Board Members

Paul Arvisais Katharina Byrne Carol Anne Finch-Noyes Nicole Holas Beverly MacLean Jack Micner Pamela Murray Jennifer Spencer Craig Watson Michael Welsh bartalk Senior Editor

Joanne R. Silver Staff Contributors

Bianca Bishop Trisha Jewison Jineane Payne Julie Rankin Jennifer Weber

NEWS

CONTEST

Changes to the Disbursement Quota Requirements for Charities

Can You Guess Where These B.C. Courthouses Are Located? You Could Win an Audio Player

n The Canadian Bar Association

(CBA) has welcomed the changes to the disbursement quota requirements for charities contained in the 2010 budget released on March 3. These changes modernize the legal framework to give charitable organizations greater flexibility in meeting their goals.

In a letter to Finance Minister Jim Flaherty, CBA president Kevin Carroll, QC of Barrie, Ont., says the new quota requirements will “reduce the administrative burden on charities, allowing them to devote more time and resources to charitable activities.”

The B.C. Branch of the Canadian Bar Association, 10th Floor, 845 Cambie St. Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@bccba.org

BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association and is available online at www.cba.org/bc. © Copyright the British Columbia Branch of the Canadian Bar Association 2010.

This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel.

The British Columbia Branch of the Canadian Bar Association represents more than 6,500 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

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n Can you guess the cities or towns

where these present or former courthouses are located (see cover photo)? Send your answers to bartalk@bccba.org by May 31, 2010 for your chance to win a digital audio player. The winner will be drawn from the correct entries.

Photos taken by Dierk Ullrich and the staff at the British Columbia Courthouse Library Society.

The CBA’s Charities and Not for Profit Law Section, with Imagine Canada and other voluntary sector stakeholders, have advocated for these changes for many years.

The full text of the letter is available on the CBA website (http://www.cba.org/CBA/submissions/pdf/10-12-eng.pdf).

The Canadian Bar Association is dedicated to support for the rule of law, improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers and law students from across Canada are members.

Write Us Send your Letters to the Editor to: Deborah Carfrae BarTalk Editor The B.C. Branch of the Canadian Bar Association Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 Email: bartalk@bccba.org Note: BarTalk undertakes every effort to publish letters to the editor, subject to space and editorial discretion.

Letters to the editor can also be found in BarTalk Online at www.cba.org/bc.

APRIL 2010

volume 22 / number 2

Contents

Departments

4

From the President If it Paddles Like a Duck…

by James M. Bond

5 Executive Director

Change Management 101

by Caroline Nevin 6

Nothing Official Some Things I Learned During the Olympics

by Tony Wilson

7 On the Web

Law Day 2010 in British Columbia

by Patricia Jordan 8

Practice Talk The Battle Over Web 2.0 Has Started

by David J. Bilinsky

9 dave’s tech tips

Sections

10 Section Update

Criminal Justice & Family Law – Victoria

Immigration Law

Family Law – Fraser Valley Employment Law & Human Rights Law 11

Continuing Professional Development

Features & Guest

12 The “Four Ws” of Legal Aid

Educating the public.

by Mayland McKimm, QC 13 Why Does Legal Aid Matter?

It is essential for Access to Justice.

by David Dundee 14 LAW WEEK 2010

by Meghan Maddigan 16

The Law Foundation of British Columbia Celebrates its 40th Anniversary.

by Wayne Robertson, QC

Inside This Issue Law Week 2010 – read about some of the events

that will take place across the province throughout the month of April (p. 7 and pp. 14-15). Legal Aid – Mayland McKimm, QC points out the who, what, where and why of legal aid (p. 12). David Dundee also has a few words to say about legal aid (p. 13).

News and Events 2 Changes to the Disbursement Quota Requirements for Charities

Can You Guess Where These B.C. Courthouses Are Located? You Could Win an Audio Player 17 Tribute Dinner – Honouring The Honourable Donald Brenner, QC 18 The 2010 CBA Mid-Winter Meeting in Ottawa 19 Niagara 2010: August 15-17

Haiti Pro Bono Initiative Update 20 Attorney General De Jong’s Decision to Open Access to Court Files is Applauded

CLEBC Update 21 Legislative Update

Branch & Bar Calendar

Getting Ready for the New B.C. Supreme Court Civil and Family Rules 22 Golf Tournament

New Westminster Courthouse Lockers

Hold the Date – CPD Event

CBABC Women Lawyers Forum Education Day 2010

Also In This Issue

2

NEWS

23 GRANTS APPROVED 24 Member Services 25 DISPLAY ADS 26 Bar Moves 27 New Members

April 2010 / BarTalk 3

From The President James M. Bond

If it Paddles Like a Duck…

An update on the Public Forum Process.

M

ichael Caine once said, “Be like a duck. Calm on the surface, but always paddling like the dickens underneath.” For the last couple of months, the Branch senior staff and members of the Executive Committee have had a great deal in common with Mr. Caine’s duck. Since I announced the plans of the Branch to work with other justice system stakeholders on a series of Public Forums across the province on the future of Legal Aid, we have all been focused on moving the concept forward. We have had a series of discussions with our own Legal Aid Committee, with possible funding partners for the process, with other justice system stakeholders and with individuals within and connected to government.

I am pleased to report that the plans for the Public Forum on the Future of Legal Aid are coming together. Preliminary terms of reference have been drafted, possible candidates for Commissioner and possible staff members to work in the Secretariat supporting the Commissioner have been identified, we have drafted a preliminary budget and have initiated consultations with organizations that we hope to be our funding partners. On the topic of funding, I am also pleased to report that Provincial Council voted unanimously at its March 6th meeting to cover 1/4 of the anticipated costs of the Public Forum process (see photo on page 20). Could the Branch cover the entire cost itself? Possibly, but in our view a key requirement for the success of the Public Forum and the acceptance of any report which flows from it is that the process have a wide range of supporters – not just in terms of providing moral support, but also in terms of committing resources.

The initial feedback received on the plans for a Public Forum

4 BarTalk / April 2010

has come from many quarters and has been very positive. There seems to be a recognition among many justice system stakeholders that unless government believes that the people of British Columbia consider Legal Aid a priority, it is unlikely that the difficulties which

Plans for the Public Forum on the Future of Legal Aid are coming together.

Legal Aid programs have faced over the last two decades are going to change. This is certainly the strongly held view of the Branch – and we speak from some experience. For years, we worked diligently (but unsuccessfully) on the repeal of the social services tax on legal fees. We won the policy argument. In fact, we commissioned a

well-respected economist to author a report on the adverse impact of the tax on legal fees. However, the policy argument fell on deaf ears, because there was no significant public support.

On the other hand, when we started our campaign to protect RRSPs from seizure in the event of bankruptcy, we partnered with local chambers of commerce, with other professional organizations and with small businesses to raise the matter with government. We were successful in that campaign because we had the policy argument – and because we convinced the government that there was public support for the initiative.

We already know we have the policy arguments in support of a properly-resourced Legal Aid system. What we need to do is convince the public that Legal Aid should be supported.

If all goes according to plan, we will be holding Public Forum hearings in 10 communities across the province in the early fall. We have a lot of work to do before then. We would appreciate your support.

James M. Bond

president@bccba.org

executive director caroline nevin

Change Management 101 Learning how to lead, not just cope.

W

ith the past few years of economic uncertainty, business pundits have offered prolific (if not profound) advice to those in charge, on the topic of managing change in tough times.

In the legal world, law firms are restructuring and rethinking their market strategy. Legal organizations like the CBA, Law Society and Courthouse Libraries are doing the same. Corporate counsel are helping create new business strategies for their employers. And government legal departments are preparing for a smaller workforce, partly due to demographics and partly to a shrinking public purse as health care costs grow. All of us are faced with the task of “change management” in one form or another, some of us on a daily basis.

For those with little time to read the latest business wisdom on the topic, here are some basic lessons from some who have studied change management: 1. Top-down is old news. The “command and control” paradigm worked beautifully until this last decade. The social contract between employers and employees has evolved and employee engagement (knowledge and power sharing) is the New Deal. Smart business leaders who want a motivated and responsive workforce ensure that staff have meaningful involvement in responding to – and implementing – change. (Smythe, 2007) 2. The right leaders need to be given power. Good leaders in steady times may not be the right leaders for tough times – it may be necessary to bring in or promote a “remedial manager” who has the leadership skills to instigate and direct far-reaching changes and who has no emotional attachment to current programs, directions or “how things have always been done.” (Stern, 2009)

3. Urgency matters.

Everyone thinks change is good, until they actually have to do it. There has to be a compelling reason for change, something that people understand on a personal level as part of a bigger picture. Note: the concept of working harder so other people can make more money off your effort just isn’t it.

4. Communication is everything – but so is clarity. Do you know what it means to become a “leading edge organization,” “best in class,” “a global leader” or any other vague vision? When you and your staff come to work in the morning, do you know exactly what your role is and what you need to do to move the organization’s strategy forward? The key to communicating a change message is clear, concise, relevant language – repeated, repeated, repeated.

5. Culture has to change before behaviour can. Without the right culture, change strategy

is doomed. Four key steps are involved in changing organizational culture: creating awareness of why old behaviours don’t work; establishing role models of new behaviours; developing knowledge and skills across the team; and rewarding positive behaviors.

(Unwin, 2007) 6. The leadership team has to walk the talk – and smile.

Everyone, from the front desk staff to the most senior employee, is acutely attuned to any discrepancy between messages about change management strategy and the demeanour and behaviour of their leaders. People will look for signs that leaders are overwhelmed or cynical, lack control or have double standards.

If the leadership team can’t look confident driving the road now taken, how can anyone else?

Law firms, legal organizations and law departments aren’t necessarily known for being flexible and adaptable, but the reality is that we have no choice. We’re all faced with an impossibly fast pace of change and we must each do our best to lead, not just cope with it.

Caroline Nevin

cnevin@bccba.org April 2010 / BarTalk 5

nothingofficial TONY WILSON

Some Things I Learned During the Olympics Never having to say you’re sorry, for one.

I

learned a number of things during the 2010 Winter Olympics.

I learned that an Italian ski jumper could be thrown out for having the wrong outfit on! Seriously! The country that gave us Zegna, Prada and Armani had its ski jumper disqualified the day I was there because he was wearing the wrong clothes! Apparently, ski jumpers have to wear skin-tight outfits because if there’s too much fabric, the clothes will act as a sail and give a more sartorial competitor additional lift or distance. I did not know that!

I learned the British news media were so toxic toward Vancouver during the first few days of the Games, I wondered if they were even here, or simply watching streaming video from some pub in London with the paparazzi. The Games were a transformative, amazing and wonderful event for us. By the time they ended, the entire British news media looked silly, uninformed and petty. When “glitches” hit the London Games in 2012, (which they will… I mean, have you ever eaten the food there?), just smile politely and sing that “Whoa Vancouver” song to yourself.

I learned that there were originally four mascots with strange names, but there must have been a trademark problem with a boot manufacturer back east. I heard a lot from “Quatchi” but I never heard a peep from “Mukmuk.” The lawyer in me rather liked “Sue-me.”

I learned how much I enjoyed all the French I heard at the events, at the victory ceremonies, at the live performances, on the Skytrain and on the streets of Vancouver. I heard Quebec athletes who won medals tell fellow Canadians how proud they were “to be Canadian.” It was nothing short of inspiring. I also learned that the word “GOAL” on the Jumbotron at the two (count’em two) hockey games I saw is “BUT” in French.

I learned that if you were an antiOlympic protester in Vancouver, 6 BarTalk / April 2010

you could protest peacefully and our police would generally show restraint and respect your democratic rights. But the moment the more militant anti-Olympians started breaking windows and splattering paint, (as they did on February 13 in front of the Bay when I was there), the movement lost all credibility with the public.

I learned that the Canadian way to accept a Gold Medal is to jump on the podium with both arms spread wide and walk around Whistler with a big smile and a jug of beer.

And despite what anyone says, I learned the way to celebrate victory after your women’s hockey team wins Gold, is to go out on the ice when the stadium is empty, smoke cigars and drink champagne. Life is short. Those moments are gifts.

I learned that a lot of medals could be won on Cypress with snow imported from Manning Park. (But I sure want a deal on my season pass next year). I learned

that 50,000 well-behaved people could celebrate the Olympics on Robson Street every night without getting obnoxious or violent.

I was there to see Maëlle Ricker get her Gold Medal and learned how “Oh Canada” should really be sung.

I learned how good it felt to cajole some of my old Victoria pals to come to Vancouver for the day to soak up the Olympic atmosphere, even if I had to put them up for the night. “You gotta be here,” I kept telling them, echoing the hype. And they came.

I learned how good it was to shatter myths about what it means to be a Canadian and that we shouldn’t have to say sorry to anyone about being pushy or wanting to own podiums. We are no longer a people who have to say thankyou to bank machines anymore.

And I learned that for two weeks in February of 2010, this really was the best place on Earth.

However, my timesheet, my Visa card and my liver are relieved it’s over.

Tony saw Ski Jumping, Women’s Hockey Semi’s, Men’s Bronze Medal Hockey and three Victory Ceremonies.

He chased Gretzky’s truck on opening night in time to see the cauldron lit and was downtown most nights during the Olympics. He has enrolled in skeleton lessons at Whistler to augment his shark diving hobby.

ontheweb patricia jordan

Law Day 2010 in British Columbia Access to Justice: Justice for All.

L

aw Day is a national event that is held annually in April by the Canadian Bar Association (CBA). First held in 1983, Law Day events provide the public with an opportunity to learn about the law and some of the legal institutions that form the cornerstones of Canadian democracy. Law Day events in British Columbia are made possible through the efforts of dozens of lawyers who generously donate their time to fun, family-oriented events.

Visit the B.C. Law Week website at bclawweek.org to learn about Law Day events in your area. The site features six categories: About, Contests, Events, Locations, Media and Partners/Sponsors. A list of Law Week Committee members, the Committee’s mandate and contact information along with the history of Law Week, its past themes and a list of links for courts and judiciary, law libraries, legal services and pro bono services are provided in “About.”

Information on citizenship ceremonies, courthouse tours, the DialA-Lawyer program, free law classes, the free public forum in Vancouver, mock trials, open houses, the student outreach program, the Vancouver Fun Run and presentations and displays by justice staff and legal organizations is provided in “Events.” See “Locations” for the dates, times and locations of events held in your area. Information on the Barry Sullivan Law Cup public speaking contest and the BarTalk Cover Art Competition is available in “Contests.”

Law Day events in British Columbia are made possible through the support of the B.C. Branch of the CBA (CBABC), the Continuing Legal Education Society of British Columbia, the Law Foundation of British Columbia, the Law Society of British Columbia and the Vancouver Bar

Association, as well as many other organizations who generously sponsor Law Day events. Visit “Partners/Sponsors” for a complete list of law firms and organizations that support Law Week events. See “Media” for biographies of public forum guest speakers, media kits, news releases and photographs of past events.

“Without legal aid, access to justice is meaningless.”

– Susan McGrath, CBA President, 2004-05 Did you know?

The

CBA has worked to raise the awareness of government leaders and the public about the urgency of the legal aid issue for more than 20 years.

The CBA continues to press feder-

al, provincial and territorial Ministers of Justice and Finance for designated funding for civil legal aid, to ensure accountability and transparency for federal funds.

The CBA has commissioned a comprehensive study into approaches to legal aid delivery, which will inform future CBA policies and actions on legal aid.

CBABC recently called for public hearings on legal aid.

Read the news release and backgrounder at: www.cba.org/bc/Public_Media/news_2010/ news_01_12_10.aspx Detailed information and a comprehensive list of CBA and CBABC Legal Aid initiatives are available in “Advocacy and Submissions to Government” under “CBA Initiatives” at cba.org/bc.

BLawg du Jour Law21: Dispatches from a \\ Legal Profession on the Brink

Jordan Furlong is an award-winning blogger who has been writing since January 2008 at http:// law21.ca, where he chronicles the extraordinary changes underway in the legal profession.

Patricia Jordan is the CBABC Web Manager. She welcomes your comments, questions and suggestions.

Tel: 604-646-7861; Email: pjordan@ bccba.org; visit: www.cba.org/bc.

GO ONLINE FOR MORE INFORMATION

April 2010 / BarTalk 7

practicetalk david J. bilinsky

The Battle Over Web 2.0 Has Started The smaller firm in the cross-hairs...

When the walls come crumblin’ crumblin’ When the walls come tumblin’ tumblin’ downr – Lyrics and Music by: George Green, J. Cougar Mellencamp r

A

s of yesterday – March 4, 2010 (the day of writing this column) the Canadian legal competitive battlefield changed. Dynamic LawyersTM, led by Michael Carabash, B.A., LL.B., J.D., M.B.A., Founder/ President, formally launched their website: www.dynamiclawyers.com.

Have a look – Carabash, a Toronto business lawyer, is one of a growing list of new entrants into the area of online legal services. What makes his web services a bit different is the use of online video guides that aid purchasers to complete the legal forms that he has made available. He also has a blog: http://dynamiclawyers.com/DL_ blog/ and an “online legal health checkup”: http://dynamiclawyers. com/cois_interview.php.

Dynamic LawyersTM joins other online legal service providers such as LegalZoom: www.legalzoom.com that are seeking to tap the “do it yourself” legal consumer market.

Should lawyers take these new competitive entrants seriously?

LegalZoom claims to have more than one million satisfied customers. Even if their profit is just $10/ customer, that is still a cool $10 million dollars. Not bad for wills, incorporations and trademarks.

But their profit appears to be more, much more.

IP Watchdog blog (http://tinyurl. com/ylejlmr), in talking about a suit between an LA lawyer named Seton who specialized in non-profit corporations and LegalZoom, stated that: “The complaint alleges that Seton and LegalZoom entered into a joint 8 BarTalk / April 2010

venture in which customers of LegalZoom would fill out forms on the LegalZoom website and those forms would be sent to Seton to finalize the formation of a nonprofit entity. LegalZoom was paying Seton a fixed fee of $350 per completed application.

In total, Seton received $1.6 million from LegalZoom since the venture.”

The same blog stated in a blog post on Feb 19, 2010 (http:// tinyurl.com/ygpnohj): “AUSTIN – Gov. Rick Perry today announced the state will invest $1 million through the Texas Enterprise Fund (TEF) in LegalZoom. com for the relocation of certain office functions from Los Angeles to Austin. This investment will create up to 600 jobs and more than $11.7 million in capital investment.”

Should people be taking entrants such as LegalZoom seriously? Missouri, North Carolina and Connecticut have launched actions against LegalZoom or similar services, reports Law.com

(http://tinyurl.com/ycpokbx) for the unauthorized practice of law.

In talking about the Connecticut investigation, it is stated: “Mark Dubois, chief disciplinary counsel for the state, said he has received no complaints from people who use online businesses to obtain legal documents for services such as incorporations, wills, real estate deeds and divorce agreements.

These are known as ‘commodity’ services in the legal profession.

“From what I see and hear, much of the commodity work (from online providers) is pretty good,” said Dubois, who was a member of the CBA’s task force. “A lot of lawyering is not rocket science.

It is using an existing form or format.

This commodity work is the easiest to ship electronically to the cheapest provider and will be the first part of traditional legal services to be lost forever by the small practitioners.”

All it will take is a precedent-setting court decision that these online providers are not engaging in the unauthorized practice of law for the walls to come crumblin’, tumblin’ down.

The views expressed herein are strictly those of the author and may not be shared by the Law Society of B.C.

David J. Bilinsky is the Practice Management Advisor for the LSBC. Email: daveb@lsbc.org Blog: www.thoughtfullaw.com GO ONLINE FOR MORE INFORMATION

dave’s techtips Online Legal Sites Certainly LegalZoom and Dynamic Lawyers™ are not the only online legal form providers.

What is perhaps surprising in this area is that Self◊Counsel Press, the originator of the “self-help” legal form here in B.C., does not have their books and precedents available for download. You can certainly order their books online, but they haven’t moved into the online forms model (as of yet!) (www.self-counsel.com).

So here is a selection of those online providers from Canada: Canadian Legal Forms (www.canadalegal.com/forms/) is a collection of downloadable forms, a blog and links that appear to be by Peter Cusimano in Toronto.

FindLegalForms.com (Canada Legal Forms) (www.canada.findlegalforms.com/ forms) is a California company that now lists Canadian legal forms for download as well as U.S. precedents.

Lean Legal (www.leanlegal.com/) has forms for both Canadians and Americans as well as “free legal tools” (library, encyclopedia and dictionary). They also have free legal forms such as Bill of Sale, Promissory Notes, etc.

CanLaw Legal Forms (www.canlaw.com/legalforms/ indexlegalforms.htm) is a website by J. Kirby Inwood operating as Kirwood Inc. (“Doing Brilliant Work Since 1981”). Rabble. ca in a blog post (http://tinyurl. com/yfjnbow) states that the Law Society of Upper Canada has advised lawyers not to use Mr. Inwood’s services.

LawDepot (www.lawdepot.com/contracts/ canada/) offers legal forms for Canada, USA, Australia and the UK. It is not apparent who is behind this other than it arises out of the province of Alberta.

LegalFormsCanada (www.legalformscanada.com/) is another site that offers Canadian legal forms. It appears that this site is hosted by Jordan and Jessa Hurdal (mortgage consultants in West Vancouver).

DivorceOnline.ca (www.divorceonline.ca/index. php) offers divorce documents as well as advice and a blog from Stirling Alberta and is operated by Integral Divorce Documents Inc. UntietheKnot.ca (www.untietheknot.ca/?gclid=C LCFyb2SoqACFSkYagodaUm3U g) has “helped more than 5000 Canadians obtain their divorce, without the high cost of a divorce lawyer” and is operated by 0707073 BC Ltd.

Just for reference, online legal services do not have to be restricted to commodity law.

Three prestigious international legal firms offer online legal advice across a range of legal sectors and disciplines: Linklaters

Advicescene (in conjunction with LawDepot) (http://legal.advicescene.com/ canadian-legal-forms.php) was founded by Kancy Kinney, BC LLB in 2002 and hails from Victoria. There is a blog as well as links and a lawyer directory. eLastWill.ca (www.elastwill.ca/) is operated out of New Glasgow, Nova Scotia by Integral Publishing.

In conjunction with this site are eLegalForms.ca, e-Mediation.ca and eLifeinsurance.ca.

Blue Flag Online Services (www.linklaters.com/OnlineServices/Pages/Index.aspx)

Allen

& Overy Online Services (www.allenovery.com/ AOWEB/OnlineServices/OnlineServicesHome.aspx?conten tTypeID=8&prefLangID=410)

Clifford

Chance Online Services (www.cliffordchance. com/online_services/ overview/?LangID=UK&)

April 2010 / BarTalk 9

sections section update

Criminal Justice & Family Law Victoria

Keep Current A review of joint Section meeting provincial Section meetings. uThis featured His Honour Judge Criminal Justice & Family Law Victoria Meeting: January 20, 2010 Speakers: Provincial Court Judge Wood and Inspector Clarke Russell, Victoria Police Department Topic: Domestic Violence

Immigration Law Meeting: January 27, 2010 Speakers: Deanna Okun-Nachoff, Naomi Minwalla, Meika Lalonde, Ryan Neely and Kyle Hyndman (pictured) Topic: Proposed Regulations on Live-In Caregiver Program

Family Law Fraser Valley Meeting: January 21, 2010 Speaker: The Honorable Mr. Justice Joyce Topic: Custody, Guardianship and Access

Wood of the Provincial Court and Inspector Clarke Russell of the Victoria Police Department.

They discussed the issue of domestic violence.

Judge Wood spoke about a pilot project operating in the Duncan Provincial Court. The project involves diverting domestic violence cases into a special court that sits one day per week with Judge Wood presiding. The goal of the project is to reduce domestic violence recidivism by encouraging the accused to take responsibility for his actions and to engage in treatment. The project also aims to provide support for families that have experienced violence but wish to stay intact.

Inspector Russell discussed a new domestic violence unit within the Victoria Police Department. The unit has two officers assigned to it. Inspector Russell also advised that a regional domestic violence unit is anticipated in the near future in light of the recommendation of the Peter Lee inquest that such a unit be established.

Immigration Law Employment Law & Human Rights Law Meeting: February 3, 2010 Speakers: Sandra Guarascio and Gabrielle Scorer Topic: Employer Investigations of Alleged Human Rights Violations – Legal Considerations

10 BarTalk / April 2010

Deanna Okun-Nachoff pro-

uvided a summary of proposed

changes to the Live-In Caregiver program, including an increase to four from three years within which to accumulate the required two years of employment as well as a change to a single medical exam at the front end of the program, as opposed to a medical

exam for the work permit and a second exam upon applying for Permanent Residence. Meika Lalonde provided a summary and analysis of the proposed regulations relating to work permit caps and employer compliance. Ryan Neely explained the online application process for work permit extensions, including advice on counsel’s ability to access the system and Kyle Hyndman explained the background of the IT workers’ program and HRSDC’s intention to eliminate it in the near future.

Naomi Minwalla attended the CCR Convention on behalf of the Section and was a plenary speaker and provided a brief report.

Family Law Fraser Valley The Honorable Mr. Justice

uJoyce discussed custody,

guardianship and access issues and presented on a number of cases which have been decided by the Court of Appeal on mobility since the Supreme Court of Canada’s decision of Gordon v. Goertz.

One particular case of interest was the case of Karpodinis v.

Kantas (2006) B.C.J. No. 1209, where the mother and father separated in 1990 and divorced in 1993. The mother, who had sole custody of their child, wanted to move to Texas for employment reasons. The father applied for a restraining order to prohibit the move and after consideration, the trial judge found in favour of the father and the Court of Appeal upheld the trial judge’s decision.

The Supreme Court of Canada has set out factors to be considered, with the main issue being: What was in the child’s best interest?

Employment Law & Human Rights Law Sandra Guarascio and Gab-

urielle Scorer presented and

discussed employer investigations of alleged human rights violations from a legal perspective.

The panel also discussed various related topics, including: legal responsibility for conducting investigations; investigation procedures; dealing with issues concerning union and legal representation; procedural protections, including privacy, confidentiality and non-reprisal; cooperation of participants in investigations; impact of concurrent investigations; and investigation reports.

One case example, CUPE, Local 82 v. Windsor (City), [2006] O.L.A.A. No. 317, involved a Workplace Violence Prevention Policy that assured participants privacy. In a discipline case, the union requested pre-hearing disclosure of interview notes, witness statements and a report arguing that the grievor was entitled to know the basis for the employer’s decision to impose discipline. The arbitrator ordered pre-hearing disclosure of the requested documents on the basis that the information was highly relevant, fairness required disclosure and the employer had not proven the Policy met the Wigmore criteria to keep the information confidential.

Continuing Professional Development The Canadian Bar Association (CBA) is committed to providing relevant Continuing Professional Development programming accessible to members of the profession across Canada. The CBA’s new one-stop CPD resource site contains unique features to help manage your credits and remain at the forefront of the changing legal education landscape.

Features of the new PD website: Combines listings for all CBA Branch, National and CCCA events in one convenient location, eliminating the need to search through multiple sites.

Allows you to browse, search and track your credits for all CBA (Branch, CCCA and National) listings, in one convenient website.

CBA offers accredited programs and all accreditation details are conveniently listed online.

Visit: www.cba.org/pd/index.aspx to create a personalised account based on your CPD needs!

To view only upcoming CBABC programs, select the “My Province/Territory” tab and then “British Columbia.”

Sign Me Up! Yes, please send me monthly updates on the latest CBABC Continuing Professional Development event and seminars.

Name . . . . . . . . . . . . . . . . . . . . . . . . . .

For enrolled CBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in Sections under Professional Development.

GO ONLINE FOR MORE INFORMATION

Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Email . . . . . . . . . . . . . . . . . . . . . . . . .

Please complete this form and fax back to: 604-669-9601 Toll free: 1-877-669-9601 Or sign up by emailing your information to pd@bccba.org.

April 2010 / BarTalk 11

features Mayland McKimm, QC

The “Four Ws” of Legal Aid Educating the public.

L

egal aid is never far from the news and one way the B.C. Branch of the CBA can assist the debate is by educating the public.

A good starting point is the “Four Ws” – the Who, What, Where and Why of legal aid.

Let’s start with “Where,” because it has been the subject of some recent confusion and controversy. The confusion surrounds the number of locations where you can apply for legal aid. The answer is “more than 50” – in courthouses, lawyers’ offices and social service agencies. These locations are operated by 31 local agents in communities from Abbotsford to Fort St. John and two regional centres located in Vancouver and Terrace. The province-wide, toll-free call centre also handles about 20 per cent of all applications for legal representation. The controversy relates to the decision to replace five regional centres with seven local agents at the beginning of April. To explain this decision, we have to talk about the “What.”

What services does Legal Services Society (LSS) provide? The society’s statutory mandate is to help people resolve their legal problems. We do this in three different ways. The first is by providing free legal information and self-help materials through legal information outreach workers, our websites and our publications.

12 BarTalk / April 2010

The society distributed more than 150,000 such publications last year. The second is legal advice through duty counsel and family advice lawyers. Last year, duty counsel provided help more than 100,000 times. The third is representation by a lawyer in court. This is available for financially eligible people facing serious family, criminal, child protection and immigration problems. From April 2008 to March 2009, more than 38,000 clients received representation assistance.

To provide more client services, particularly the services of lawyers in court and as duty counsel, LSS made the difficult decision to close five regional centres and channel the monies used to operate those centres directly into services. As Chair of the Legal Services Society, former President of the B.C. Branch and a long-time legal aid lawyer, I know that the loss of the regional centres is not without its consequences, but as a result of closing them we are in a position to restore desperately needed services. For example, LSS has already reintroduced extended funding for particularly difficult family law matters.

The “Who” of legal aid is you – the 900 or so lawyers who take referrals or serve as duty counsel.

Some may handle only one case a year; for others, it is the bulk of their work. And there is no need to dwell on the “Why.” It’s why we all went to law school – social justice, helping people resolve their problems and building a civil society.

This overview describes only a few of the many facets of LSS and legal aid. There is no room here to discuss the work of case management lawyers, the tariff accounts department, the intake staff, the public legal education team, the policy analysts, or the many other people who ensure low-income people receive legal aid. Nor is there room to discuss the details of the society’s funding and budgeting. But a clear understanding of each is necessary if there is to be informed public debate. Equally important for public discussion is identifying the services that should form the core of legal aid and the outcomes that can be expected from those services. It will greatly strengthen our continuing efforts to secure improved funding if we have a clear vision of how limited resources should be spent and how we produce measurable social outcomes with public funds. We see the B.C. Branch of the Canadian Bar Association as an important ally in the creation of that vision and want to congratulate you for your continuing and substantial efforts on behalf of our clients.

Mayland McKimm, QC is Chair of The Legal Services Society. www.lss.bc.ca

DAVID DUNDEE

Why Does Legal Aid Matter?

It is essential for Access to Justice.

O

n April 17th the CBABC will be one of the sponsors of A Day for Legal Aid at the Vancouver Public Library. It will occur during the annual Law Week activities. The feature will be a panel discussion hosted by our president, James M. Bond, at which representatives from the Bench, LSS, lawyers and community service groups will be asked to address the title question.

I thought I might lead off by saying a few words about why legal aid is important to me and why it should be important to the CBA and its members.

As with most of my colleagues, I do not accept legal aid referrals because I need to. We would do much better financially without them. We do it because we feel an obligation: to the clients, to the judges and to the system. We know the good it can do and how helpless many of our clients would be without it. We also know the time it saves in court and the efficiencies it brings to the system.

You have only to drop in for a day in criminal or family remand court to understand that.

But we also know that legal aid is broken. It gets more so as time goes on and the last fourteen months or so have seen some of the most damaging and potentially irreversible changes in a decade. It is dismaying and it has caused many lawyers,

especially senior counsel, to reconsider our involvement.

President Bond has made legal aid a top priority for the CBABC and he is to be commended for it.

Yet I also know that for many CBA members it is hard to get animated about this issue. They hear LSS say how everything is fine, they hear folks like me rail against the tide and they wonder whom to believe. Some, too, think this is just a political issue and that the CBA should have no part of it.

For those, I would remind you of two things. Firstly, while the Supreme Court of Canada would not recognize a generalized right to legal counsel, it did affirm “the important role that lawyers play in ensuring access to justice and upholding the rule of law.”1 That role is so vital that it has been given constitutional protection in certain cases, primarily where the power of the state is brought to bear against its citizens, in the form of criminal charges or actions to take away one’s children.

I would only add that state oppression can also arise in social justice (poverty law) cases. In my field, family law, state power may not be involved, but there are many examples of economic, physical or emotional oppression. All need

legal aid to correct the balance and a depressingly few get it.

Legal rights are an illusion if one does not have the means or education to exercise them. Access to justice must be more than just an open courthouse. Nor is legal information any substitute for training, experience and professional judgment.

Legal aid is an essential element of our criminal and family justice system, yet it is consistently neglected and underfunded. While judges, Crown counsel, court staff and police get regular raises, legal aid gets left behind – or cut.

While senior Crown get promoted, senior defense counsel leave legal aid in disgust.

Secondly, I would remind all of us that the seven pillars of the CBA include commitments to: (a) improve the law; (b) improve the administration of justice; and (c) improve access to justice. These are core values and for good reason. The law and the administration of justice are the institutions we serve. They are the house we live in. If we do not value and protect them, we can hardly expect the government or the public to do so.

Legal aid is in crisis. President Bond proposes we do something about it. I support him in that effort and I urge all members of the Branch to do the same.

BC (AG) v. Christie 2007 SCC 21, at para 22 1.

David Dundee is a lawyer with Paul & Company and Co-Chair of the Kamloops Family Law Section.

April 2010 / BarTalk 13

feature LAW WEEK 2010 u Law Week is a national event held annually in April celebrating the signing of Canada’s Charter of Rights and Freedoms. Originated by the Canadian Bar Association and first held in Canada in 1983, Law Week provides an excellent opportunity for the profession to educate the public about the vital role that lawyers and the judiciary serve in guaranteeing an open, independent and unbiased judicial system. It is also a chance for the legal community to show the public the vast array of services available to them and all the reasons they have to be proud of the Canadian justice system. u Law Week is made possible through the efforts of hundreds of lawyers and judges who generously donate thousands of hours of volunteer time to Law Day events. u The Law Day 2010 theme is Access to Justice: Justice for All. Law Week events in British Columbia will be held throughout April and include participation in Cranbrook, Kamloops, Nanaimo, Prince George, Terrace, Vancouver and Victoria. Activities will include courthouse and jail cell tours, free law classes, fairy tale mock trials, student speech competitions, police demonstrations, a citizenship ceremony, public forums, a fun run and much more.

14 BarTalk / April 2010

www.bclawweek.org

Province-Wide Activities Dial-A-Lawyer

On Saturday, April 17, 2010, the British Columbia Branch of the Canadian Bar Association (CBABC) will hold its province-wide “Dial-ALawyer” event as part of Law Week.

Those interested are invited to call 1-800-663-1919 between 10:00 a.m. and 2:00 p.m. to speak with a lawyer for up to 15 minutes at no cost.

Barry Sullivan Cup

Students in Grades 10, 11 and 12 are invited to compete in the Barry Sullivan Law Cup held on Thursday, April 8, 2010 in the heritage courtrooms at the Vancouver Art Gallery. Students selected for the finals will be judged by an esteemed panel of judges.

The winner will receive a cash scholarship of $1,500 and will be awarded the Barry Sullivan Cup; second prize is $250 and third prize is $150.

Free Law Classes

The People’s Law School will be offering free classes on a variety of practical legal topics throughout the province, including communities in Vancouver, Surrey, Smithers and Victoria. Please check the Events section of their website at www.publiclegaled.bc.ca for topics, dates and registration details.

Student Outreach

The Student Outreach Program matches lawyers with groups of students at schools throughout the province. The program is an excellent opportunity for students to gain an inside perspective of the legal profession, as lawyers share their experience and insight into the practice of law. This program will be taking place throughout the month of April.

Kamloops Law Day will be held April 8 from 5:00 p.m. to 7:30 p.m. Events will include: a treasure hunt; courthouse and cell tours; ICBC demonstrations; community displays; a Harry Potter trial; and RCMP dogs.

They will also celebrate the 100th anniversary of the Kamloops Courthouse Library. Sponsors are CBA, Kamloops Bar Association, RCMP, B.C. Sheriff Services, St. Paul’s Cathedral and Impark.

Victoria Law Day will be held in Victoria from 10:00 a.m. to 3:00 p.m. on April 17, 2010. Victoria’s Law Day will include a number of great events, so come by and check out: The trial of Hansel and Gretel.

These two will face the court on trial for mischief for eating the house; Police K-9 Dog unit demonstrations; An opportunity to come to court and talk with the judges; A tour of a Sheriff’s van; Who wants to be a Mediator?; The Provincial Mock Trial Competition; and Resource Tables and Information.

Public Library. CBC broadcaster Ian Hanomansing will host the event that provides members of the public with an opportunity to ask questions of a panel of senior justice representatives.

Also at the Open House, a Day for Legal Aid will be hosting events from 1:30 p.m. to 3:00 p.m. featuring the role of Legal Aid in our communities.

Fun Run

The CBABC will hold its seventh annual Law Week Fun Run on Sunday, April 11, 2010 at 10:00 a.m. in Locarno Beach Park. Members of the Bench, Bar and their families are all invited to come race, jog, walk or skip this beautiful five kilometre route along the water. The event will include a group led warm up, a yoga cool down, prizes and goodies. law week 2010

Partners and Sponsors PARTNERS

Vancouver Open House

The Vancouver Law Week Open House will be held on April 17, 2010 at the Vancouver Public Library. The Law Week Open House will include interactive displays from all aspects of the legal community, prizes, a fairy tale mock trial, a citizenship ceremony and a public forum.

A free public forum will be held from 12:00 p.m. to 1:30 p.m. in the Promenade at the Vancouver

vancouver bar association

SPONSORS

April 2010 / BarTalk 15

guest WAYNE ROBERTSON, QC

The Law Foundation of British Columbia Celebrates its 40th Anniversary.

T

he Law Foundation of British Columbia celebrated its 40th LFBC Anniversary in 2009 and an event held at the Law Courts Inn marked the occasion. More than 200 people, including former Law Foundation governors, grantees and representatives from the legal profession gathered to acknowledge the 40 years of work supported by the Law Foundation. Present were former Attorney General Wally Oppal, QC, The Honourable Chief Justice Lance Finch, The Honourable Donald Brenner, QC, former Chief Justice, Associate Chief Judge Nancy Phillips, PastPresident Gordon Turriff, QC, of the Law Society and Past-President Miriam Maisonville, QC of the B.C. Branch of the Canadian Bar Association, along with a number of other distinguished guests.

16 BarTalk / APRIL 2010

The presence of two of the founders of the Law Foundation, Arthur Harper, QC and The Honourable Kenneth Meredith was of particular note. Former Chairs of the Law Foundation, including Mr. Justice David Brine, also attended.

It is useful to reflect on the early history of the Law Foundation as its 40th year comes to a close, particularly how the idea of using the interest on lawyers, trust accounts for public purposes came to North America.

Prior to 1964, in England and Scotland, the interest paid on clients’ money held by lawyers was kept by the lawyers. Eventually, the House of Lords in the Brown v. Inland Revenue Commissioners case found that the interest did not belong to the lawyer.

After the Brown decision, common law jurisdictions around the world had to find ways to adapt.

In New South Wales, Australia, in 1967, a Law Foundation was created to resolve the matter by receiving the interest and using it for legal aid, legal education and legal research purposes.

That year, Charles Brazier, QC, of Davis and Company in Vancouver, later the Treasurer of the Law Society, went to Australia and learned about the Law Foundation. When he returned to British Columbia, he informed his friends Arthur Harper, QC and The Honourable Kenneth Meredith, about how New South Wales had resolved the issue. They recommended that the government form a Law Foundation in British Columbia to collect and distribute the interest on lawyers’ trust accounts. Mr. Harper travelled to Victoria by ferry to meet with Attorney General Les Peterson to ask him officially to change the Legal Profession Act to establish the Law Foundation.

In April of 1969, the Law Foundation of British Columbia was formed. After receiving a loan of $100 from the Law Society to buy supplies and enlisting the administrative support of the Vancouver Foundation, the Law Foundation of British Columbia, the first in North America, opened for business. Income in the first year was $50,000 and grants were made totalling $5,000.

Since then, the Foundation has distributed more than $420 million to promote access to justice for British Columbians and there is a law foundation in every jurisdiction in North America.

PHOTO: LFBC Chair Mary Mouat, with Art Harper, QC and The Honourable Kenneth Meredith.

event recap Tribute Dinner Honouring The Honourable Donald Brenner, QC.

T

he Right Honourable Chief Justice Beverley McLachlin, PC and more than 450 members of the Bench and Bar, including 19 Chief Justices, attended The Honourable Donald Brenner, QC Tribute Dinner at the Four Seasons Hotel in Vancouver on January 21, 2010. This sold-out event was also a fundraiser event which equally benefited The Western Canada Society to Access Justice, Pro Bono Law of BC and the Justice Education Society. The dinner was hosted by the British Columbia Branch of the Canadian Bar Association, the

Law Society of British Columbia, UBC Law Alumni Association and the Vancouver Bar Association.

The evening was co-hosted by The Honourable Chief Justice Robert Bauman of the Supreme Court of British Columbia and George Macintosh, QC of Farris, Vaughan, Wills & Murphy LLP. Your donation to the Justice Education Society and Access Pro Bono will help ensure our court system remains accessible to all British Columbians. The donation form is available online at: www. cba.org/bc/pdf/events/brenner_ pledge_form.pdf.

PHOTO: First Row: Chief Justice Robert Bauman, Chief Justice Pierre Blais, Chief Justice Catherine Fraser, The Honourable Donald Brenner, QC, The Right Honourable Chief Justice Beverley McLachlin, PC, Chief Justice Lance Finch, Chief Justice JJ Michel Robert and Chief Justice Richard Scott.

Second Row: Chief Justice J Derek Green, Chief Justice John Klebuc, Chief Justice Gerald Rip, Chief Justice Allan Lutfy, Chief Justice Jacqueline Matheson, Chief Justice Marc Monnin, Associate Chief Justice AHJ Wachowich, Chief Justice Warren Winkler and Associate Chief Justice Douglas Cunningham.

Third Row: Chief Justice David Orsborn, Chief Justice Robert Laing, Chief Justice Francois Rolland, Chief Justice David Smith, Chief Justice Neil Wittmann, Senior Judge Ronald Veale and Associate Chief Justice J D Rooke.

Photo Credit: Patricia Jordan

April 2010 / BarTalk 17

news&events Joint Policy Statement on Audit Inquiries: new developments

NATIONAL NEWS

The 2010 CBA Mid-Winter Meeting in Ottawa National Class Actions Task Force launched

CBA Past President Simon Potter launched a new CBA task force at the CBA Mid-Winter Meeting to address the difficult challenge of overlapping, multijurisdictional class actions. The Chair of the new National Class Actions Task Force is Sylvie Rodrigue, of Ogilvy Renault LLP. “The current situation not only creates uncertainty, but is also unnecessarily expensive,” says Sylvie Rodrigue. “It can and should be improved.”

News Release \\ www.cba.org/CBA/News/2010_ Releases/2010-02-13-ClassActions.aspx Conflicts of Interest Task Force update

The work of the CBA’s Task Force on Conflicts of Interest did not end with the release of its landmark 18 BarTalk / April 2010

report in 2008 and the subsequent revisions to the CBA’s Code of Professional Conduct. Still in its very early stages, the next phase of the task force’s work will focus on the development of a standardized engagement letter that would be adaptable for use in a wide range of areas of law and types of practice.

The task force will consult widely, beginning with a short survey soon to be emailed to members.

Conflicts of Interest \\ www.cba.org/CBA/groups/conflicts/ Policy resolutions

CBA Council members passed four resolutions, including a call for the harmonization of pension laws, funding and security of pension benefits and a denunciation of the anti-homosexuality bill in Uganda.

Resolutions \\ www.cba.org/CBA/resolutions/2010res/

A CBA/Auditing and Assurance Standards Board Working Group is negotiating changes to the Joint Policy Statement on Audit Inquiries (JPS). Carmele Peter (Co-Chair) and Fred Headon (member) of the Working Group reported to Council members on their progress. The JPS dates from 1978. It must now reflect international accounting standards that will come into effect starting January 2011. CBA represents the legal profession’s concerns in these negotiations: 1. Preserving solicitor-client privilege; 2. Ensuring lawyers are not in a “joint undertaking” with auditors; 3. Saving lawyers from interpreting several accounting standards; and 4. Balancing the value of lawyers’ assurances with lawyers’ time and cost to the client.

In January 2010, the International Accounting Standards Board (IASB) proposed changes to International Financial Reporting Standards (IFRS) for claims and possible claims. As a result, IFRS standards in effect in 2011 may well change again in 2012. The CBA Working Group members will voice serious concerns to IASB on the proposed changes for claims and possible claims. In the meantime, they will develop interim guidance on how to respond to audit enquiries until a new JPS is completed. The Working Group will undertake consultations on any proposed changes and will prepare professional development sessions and “best practices” to issue with revised JPS.

national news

Niagara 2010: August 15-17

n This year’s three-day Canadian

Legal Conference will attract more than 1,000 legal professionals from across Canada and around the world and feature exceptional professional development programs and renowned keynote speakers in the Niagara Falls/Niagara-on-the-Lake region.

Member

of the International Olympic Committee Richard Pound

What

More than two dozen professional development programs on family law, solo and small firm practice, cross border issues, corporate counsel, leadership and technology.

Who

General Rick Hillier academic and CBA Special Adviser Richard Susskind

Retired Legal

What else

Social

Programs: Up close to the Falls at the Opening Night at Table Rock Centre Golf: Legends on the Niagara Golf Course Receptions: Wineries of Niagara-on-the-Lake Watch the CBA website \\ for details. www.cba.org

Entertainment:

Blue Rodeo’s Jim Cuddy and Greg Keelor

GO ONLINE FOR MORE INFORMATION

NATIONAL NEWS

Haiti Pro Bono Initiative Update The CBA, CBA-Quebec, l’Association québécoise des avocats et avocates en droit de l’immigration (Association of Quebec Immigration Lawyers), the Barreau du Québec, Pro Bono Québec and la Maison d’Haïti have joined together to offer an expanded pro bono service to Canadians and permanent residents in Canada who wish to sponsor family members living in areas affected by

the earthquake disaster in Haiti.

Free-of-charge, in-person consultations are being offered by immigration lawyers in Montreal during specified business hours.

The service expands on the CBA’s original offering which includes names and contact information of immigration lawyers outside Quebec and an email address for inquiries from Quebec.

On the CBA’s Pro Bono Haiti initiative: “I would like to rec-

ognize and applaud the CBA’s efforts to support earthquake relief efforts in Haiti.”

John Sims Deputy Minister of Justice and Attorney General of Canada at the 2010 CBA Mid-Winter Meeting CBA’s Pro Bono Haiti Initiative \\ www.cba.org/CBA/about/haiti/ default.aspx

GO ONLINE FOR MORE INFORMATION

April 2010 / BarTalk 19

news&events NEWS FROM RECENT B.C. CIVIL LIBERTIES PRESS RELEASE

Attorney General De Jong’s Decision to Open Access to Court Files is Applauded n The B.C. Civil Liberties As-

sociation (BCCLA) applauds the decision announced by Attorney General Mike De Jong to reform policies and practices of court officials regarding public access to court files and information.

The courts and court system should operate from the presumption that all materials filed with the

court are open and available for the public to inspect, discuss and report on. Only in exceptional cases where, as the Supreme Court of Canada has ruled, disclosure would “subvert the ends of justice or unduly impair its proper administration” should materials be sealed and withheld from public access. Denying access should never be considered routine.

Provincial Council members voted unanimously to support the Public Forums on the future of Legal Aid with monies from the reserve at the March 6, 2010 meeting.

UPDATE

CLEBC Update Update to Award-winning British Columbia Strata Property Manual covers maelstrom of change Major legislative amendments along with new Supreme Court Civil Rules, a wealth of new case law, new privacy issues, municipal bylaw amendments and more – strata property practice is in a state of flux.

The first update of this comprehensive manual, thoroughly revised and including several new precedents, will equip you to take all of the changes in stride.

20 BarTalk / April 2010

BCCLA President Robert Holmes said, “Reforming the practices of our court system so that the public can see and hear, through their own efforts or through the efforts of the press, what goes on in court is of great importance. The more the public can learn of how our courts operate, the greater the understanding and appreciation the public will have for their work. Similarly, the more the court system understands that the public is entitled to scrutinize, debate and argue about what goes on in court, that they are the people’s courts and that they apply the laws that the people have democratically put in place and can reform, the more likely it is that courts will remain in touch with the public they serve.”

Remember to register for CLEBC’s programs on the new Supreme Court Civil Rules and Supreme Court Family Rules

Update your Supreme Court family law precedents with Supreme Court Family Rules Forms

The New Supreme Court Civil Rules: April 26 & 27, 2010 in the Lower Mainland; Victoria – May 13 & 14; Kelowna – May 20 & 21; Prince George – June 3 & 4.

On CD-ROM in Word and Wordperfect, available in March 2010.

Family Law – The New Supreme Court Rules: April 16, 2010 in the Lower Mainland; Kelowna – April 19; Victoria – April 22.

Civil Rules for Legal Support Staff: May 7.

Family Law – The New Supreme Court Rules for LSS: May 12.

Further information on CLEBC publications and courses is available from CLE customer service at 604-893-2121 (toll-free in Canada at 800-663-0437) or at www.cle.bc.ca.

legislative update

Acts In Force Current from December 31, 2009 to March 2, 2010 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.

ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 14 (BILL 33) Sections 51(b), 52 and 54(a) are in force January 14, 2010

SUSTAINABLE RESOURCE MANAGEMENT STATUTES AMENDMENT ACT, 2002, S.B.C. 2002, C. 18 (BILL 22) Sections 12 and 21 are in force January 15, 2010

branch & bar

Calendar

April

7, 14, 28

LAP: Enhancing Self Esteem

9

CBABC Executive Committee

9

CBABC CPD Seminar: New Family Rules

12 CBABC CPD Seminar: Practice Management Survival Series: Module 7 – Negotiation Skills: A Refresher on Theory Behind Practice 19 CBABC CPD Seminar: Practice Management Survival Series: Module 8 – Kick it up a Notch: Plain Language Writing for Professionals 21 CBABC/NCBA CPD Seminar: New Family Rules 22 Dr Richard Susskind: What storms are brewing for lawyers – and what happens if lawyers don’t anticipate and respond?

26 CBABC CPD Seminar: Practice Management Survival Series: Module 9 – Winning Presentation Skills: In the Courtroom and Beyond

MAy 3 CBABC CPD Seminar: New Family Rules 5, 12, 26

LAP: Enhancing Self Esteem

6-7 CBA 2010 International Law Conference 12-15 The Lawyer Show 2010 14 CBABC Executive Committee

JUNE 2

Summer Positions for 2nd Year Students Applications Now Being Accepted Visit www.realbc.org for a complete list of jobs.

LAP: Enhancing Self Esteem

news

Getting Ready for the New B.C. Supreme Court Civil and Family Rules n The new B.C. Supreme Court Civil and Family Rules and revised

fee schedules come into force July 1, 2010. An unofficial copy of both the new Civil and Family Rules are now posted on the BC Laws website under Court Rules Act on the Statutes and Regulations page (www.bclaws.ca).

The B.C. government has published an unofficial Table of Concordance of the current 2009 Civil and Family Rules compared to the new 2010 Civil Rules and Family Rules. Each concordance sets out each 2009 rule along with the applicable closest corresponding 2010 rule.

Find Table of Concordances at www.ag.gov.bc.ca. \\

GO ONLINE FOR MORE INFORMATION

April 2010 / BarTalk 21

news&events annual event

SECTION event

Golf Tournament n The 2010 New Westminster/Fraser Valley

Bar Golf Tournament has been scheduled to take place on Thursday, July 8, 2010 at Guildford Golf and Country Club.

Applications will be distributed closer to the event. For more information, call Richard Molstad at 604-526-1821.

INFO

New Westminster Courthouse Lockers n The New Westminster Bar

Association provides locker rentals in the New Westminster Courthouse Barristers’ Room.

Cost is $125 per year. If you are interested, please contact Richard Molstad at 604-526-1821 for information.

CONTINUING Professional Development (CPD) EVENT

Hold the Date Serving clients in a rapidly changing world – is a transformation of the practice of law on the horizon?

Hold April 22, from 4:00 p.m. to 6:00 p.m. for the first in a series of Continuing Professional Development discussions at the University of Victoria for lawyers, their clients, legal educators and law students (location TBA, webcast TBD).

The series begins with some future-gazing and a survey of current trends – with Richard Susskind, author of “The End of Lawyers? Rethinking the Nature of Legal Services.” What social forces, including technology and globalization, might be driving changes in the nature of legal services our clients need and the manner

22 BarTalk / APRIL 2010

in which we deliver them? What will the practice of law look like in a decade? Are changes needed now to the way we manage our practices and are we prepared to make them?

The series continues with an examination of some changes in practice our clients are already demanding. It ends with a set of “show and tell” case studies from B.C. lawyers who are pioneering new ways to provide legal services.

It has been approved by the Law Society as credit for Continuing Professional Development requirements.

Sponsored by Legal Services Branch, Ministry of Attorney General (B.C.), Faculty of Law, University of Victoria, the British Columbia Branch of the Canadian Bar Association and the Technology and Society Program, University of Victoria.

CBABC Women Lawyers Forum Education Day 2010 n The CBABC Women Lawyers

Forum and its Education Committee is planning another exciting and informative event to take place on Friday, May 14, 2010. The title of this year’s event is Defining Moments – Leadership and Ethics.

You will be both inspired and motivated by the outstanding line-up of speakers who include: Rita C. Andreone (Lawson Lundell LLP), Nicole GartonJones (Heritage Law), Stacey Handley (Lang Michener LLP), Paula Kalsi (Paula H. Kalsi Law Corporation), Marion McAdam (Pres., 4th Wall Consulting), Liz Watson (Watson Advisors Inc.) and Jean Whittow, QC (Hordo & Bennett). CPD credits will be available to attendees for the ethics component of the programme.

Come and enjoy some networking time with your colleagues while considering and discussing what have been, or what might be, the defining moments in your legal career within the context of leadership and ethics.

Watch your email inboxes for more details and registration information for this event; numbers will be limited. You do not want to miss this year’s CBABC WLF Education Day!

grantsapproved Continuing Programs and Projects The Bursary, Scholarship and Fellowship Committee of the Law Foundation of B.C. met on February 23, 2010 and approved funding for one Legal Research Fund project and five graduate fellowships.

Chair Mary Mouat is pleased to announce that funding totalling $83,750 was approved.

Funding totalling $15,000 was approved for the following Legal Research Fund project: $15,000 University of British Columbia Law Review Diversity in the Law: Arguments and Perspectives Funding totalling $68,750 was approved for the five following 2010/2011 Graduate Fellowships: 13,750 13,750 13,750 13,750

13,750

Erin Murphy Fries Margaret Hall Lorne Neudorf Elin Rebecca Smith Sigurdson Jeffrey Yuen

For full details of the programs and projects that received funding, please visit the Law Foundation of B.C. website at www.lawfoundationbc.org.

Law Foundation of British Columbia

TD Canada Trust Law Foundation Chair, Mary Mouat, commends TD Canada Trust for its commitment to paying a competitive rate of return on lawyers’ pooled trust accounts. Once again, recognizing the overall impact of protracted low interest rates on the Law Foundation’s revenues, a new interest rate agreement was recently concluded.

Special thanks go to Chris Knight, Vice President of Business Banking Deposits; Vito Cramarossa, Assistant Vice President of Business Banking Deposits and John Melchiorre, Manager, Business Banking Deposits for the leadership shown in making this agreement possible.

Increased revenues enable the Law Foundation to fund programs that make the justice system accessible to the people of British Columbia. The funded programs include professional legal education, public legal education, law reform, legal research, legal aid and law libraries.

The British Columbia Branch of the Canadian Bar Association, the Law Society and the Law Foundation encourage lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts.

Diversity Profile In 2009, the Law Foundation of B.C. updated its Diversity Profile which provides demographic information regarding the population in each region of British Columbia. The Diversity Profile provides information regarding each element of the Law Foundation’s working definition of diversity, as follows: Diversity includes age, different abilities, socio-economic level, education, ethnicity, language, family, gender, marital/ relationship status, race, religion, work experience, geographic size and location, and sexual orientation.

This publication, along with others, is available on our website to download. Please visit www.lawfoundationbc.org and follow the link to the publications section of our website.

April 2010 / BarTalk 23

memberservices email: MEMBERS@bccba.org

Every issue of BarTalk highlights regular discounts available to members from a range of national and regional preferred suppliers. Seasonal promotions and special offers to members are promoted weekly via CBABC News & Jobs. Don’t miss any promotion by subscribing to the member services e-bulletin: email members@bccba.org or fill in and fax the sign-up box below to: 1-877-669-9601 (toll-free) • 604-669-9601 (Lower Mainland).

TECH TIP: Member services are available 24/7 via the CBABC website. To access member services on the site, log onto www.cba.org/bc, then choose Member Savings from the drop-down list under Membership.

On the Member Savings page, you will find links to the suppliers highlighted below, plus many more.

Vancouver Airport’s Newest Hotel

The Bugatti Collection

Opened in January 2010, The Westin Wall Centre, Vancouver Airport is a fresh new start for Richmond, B.C. Stay with them for business or before your early morning flight. Experience Westin Wall Centre luxury at YVR. Retreat in their signature Westin Heavenly Beds and refresh yourself with their Westin WORKOUT fitness Centre. For the month of April 2010, CBA members receive a special opening rate of $135 CAD per night.

Just ask for the Canadian Bar Association rate. Free airport shuttle ensures you get to the airport when you need to. Reservations: 604-303-6565/800-937-8467 or reservations@wallcentre.com www.westinvancouverairport.com

Bugatti makes a good case for the legal profession. All bags are made of leather, all sized for laptops between 15-17 inches, with or without wheels.

Bags range from $164 to $353 and can be personalised with embossing for an additional fee.

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24 BarTalk / April 2010

The Mortgage Group Take advantage of Ryan Hammerer’s expertise and personalised service with the potential to save you thousands. All at no cost to you, with your interests (not the lenders) at heart. Get a $100 gift card upon completion of your mortgage.

TECH TIP: Select Banking on the Member Savings page.

Park’ N Fly CBA members receive a 20 per cent discount off regular rates at Park’ N Fly at the Vancouver International Airport. TECH TIP: Select Travel on the Member Savings page.

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EVENT RECAP

Stories from Two BarTalk Readers that Volunteered at the 2010 Winter Olympics n From the day the 2010 Winter Games were

n Linda Lafond (pictured

awarded to Vancouver, Mary French (pictured below) knew that she would apply to volunteer in some capacity. For her, it was a once-in-a-lifetime opportunity to be part of a momentous world event.

Indeed, the very first day VANOC began accepting volunteer applications, she threw her name into the hat. She was ultimately assigned to the Uniform and Accreditation Centre as a member of the Communications Crew. Mary met many wonderful people who were all thrilled to be a part of the 2010 Games and she is glad she was able to fulfill her dream of participating in the Olympic Games.

to the right) volunteered as an Athlete Marshal.

The Athlete Marshals had the honour of appearing on the field of play with the Olympic athletes at various times during both the Opening and Closing Ceremonies.

At the end of the Closing Ceremonies, Linda got a chance to mingle with John Morris, a member of the Canadian Mens’ Curling Team, and got to hold his gold medal!

Linda describes her experience, as a volunteer performer, as exciting and inspiring and adds that the 2010 Vancouver Winter Olympics will always have a special place in her heart!

April 2010 / BarTalk 25

barmoves Who’s Moving Where Daryl Brown

Gabriella Szerze

has become a partner with McQUARRIE HUNTER LLP. Mr. Brown’s practice focuses in the areas of personal injury, including ICBC claims, criminal litigation and motor vehicle law.

joins Fraser Milner Casgrain LLP as an associate in the Financial Services Group. Gabriella previously worked with Cassels, Brock & Blackwell LLP in Toronto and summered at a private law firm in Budapest.

Gregory van Popta

Angela Folino

has become a partner with McQUARRIE HUNTER LLP. Mr. van Popta’s practice focuses in the areas of real estate acquisitions and development, financing and mortgages, real estate conveyancing and business acquisitions.

has joined Edwards Kenny & Bray LLP as an associate practising civil and commercial litigation matters, including contract disputes and negligence claims in the areas of construction, banking, securities and transportation.

Todd A. Rattray

David Gruber,

is partner of Oyen Wiggs Green & Mutala LLP. He practises in all areas of intellectual property, with a particular emphasis on drafting and prosecuting patent applications and analysis of patentability, validity and infringement issues.

corporate and commercial litigation partner, has joined Farris, Vaughan, Wills & Murphy LLP. With more than 12 years commercial litigation experience, David is also recognized as a leader in the insolvency and restructuring bar.

Elizabeth J. Mah

Travis Cramb

is now a partner at North Shore Law LLP after joining the firm in 2005, practising in the areas of business, wills, estates and trusts, and real estate law.

has joined Bull, Housser & Tupper LLP as an associate in the Business Law Group. He was called to the British Columbia Bar in 2009 and received his LL.B. and M.B.A. from Dalhousie University.

26 BarTalk / April 2010

newmembers bar moves submissions (max 35 words) to CBA@bccba.org FOR MORE BAR MOVES GO TO BARTALK ONLINE

January & February 2010

Natasha A. Grof

Regular Members

has successfully completed her articles after receiving her JD at Bond University. She will be staying on at Velletta & Company joining the Immigration Practice Group and to pursue commercial litigation.

Natasha Bulatovic

Michael Soronow has joined Velletta & Company.

Michael is moving from Kelowna to Velletta & Company’s Victoria office to continue his practice in corporate and commercial law, real estate purchases, sales and development and bank financing.

Berntsen & Co Law Offices Victoria

has joined Velletta & Company.

Wayne is moving to Velletta & Company to continue his practice in family law.

Chris Ferronato has joined Bull, Housser & Tupper LLP an associate in the Real Estate Group. Prior to joining Bull, Housser & Tupper, Chris articled at a large national law firm.

Lang Michener LLP Vancouver Liam Ellis

Cheryl Chang

Minesing, ON

Vancouver

Charles Fugere

Douglas Roger Holliston

Danielle Glass

Paul W. Miller

Macaulay McColl LLP Vancouver

Darnell & Company Law Office Langley

Maciej Morawski

Bernard Bruce Harrison

Miller Thomson LLP Vancouver

Fasken Martineau DuMoulin LLP Vancouver

Donna Olson

Okanagan College Kelowna Alaine Sutton

Benson Salloum Watts LLP West Kelowna

Wayne Van Tassel

Navnit Duhra

Mark Leung

Borden Ladner Gervais LLP Vancouver Jagpaul Mann

Vancouver

Anna Trinh

Jennifer Park

T-Ray Science Inc. Vancouver

Coquitlam

Wayne B. van Tassel

Velletta & Company Victoria

Jamie Templeton Marjorie Thompson Michael Yu

Articling Students

Law Students

Damien Assonitis

Nikki Eslami

Vancouver

Richmond

Karen Choy

Liam Grant

Department of Justice Canada Vancouver

Victor Liang

Dana Dempster

Kevin McCormack

Victoria Elena Merritt

April 2010 / BarTalk 27