BarTalk | October/November 1991

NEWSLETTER PFTHE C AN ADIAN BAR As s o c ia t io n , B.C. BRANCH

OCT/NOV 1991 WOLUME 3 mUMBER 7

Attorney General's first address to legal community Attorney General Colin Gablemann was the special guest at the 7th Annual Bench and Bar Dinner on Nov. 12, 1991. This was his first address to the B.C. legal community following his cabinet appointment.

The Bench and Bar Dinner is an annual event co-sponsored by the CBA (B.C. Branch) and the Law Society of B.C. Other honoured guests included Chief Justice McEachem, Associate Chief Jus­ tice Campbell and Chief Judge Diebolt.

The CBA (B.C. Branch) annually presents a brief to the Attorney General which documents recent resolutions supported both at the provincial and national levels. The Branch Executive looks forward to meeting with Mr. Gablemann lSECTIONTALK/3 in the near future to discuss these resolutions as well as other professional issues and concerns.

LEGISLATIVE UPDATE/5

CBA President Wendy Baker and Law Society Treasurer Bob Dick welcome Attorney General Colin Gablemann (centre) to the annual Bench and Bar § j| | g Qn November 12/ m i .

B.C. Branch Directory best seller for 1992!

MENTOR PROGRAM/7 LAWYER REFERRAL/8 PUBLIC LEGAL EDUCATION/9 DATES/12

The annual B.C. Lawyers Tel­ ephone, FAX and Services D i­ rectory 1992 edition rolled off the presses in mid-October and some 9,500 copies have been delivered already.

The directory is a project of the B.C. Branch Member Services Committee and has been enthu­ siastically received by mem­ bers. The accuracy of the list­ ings is ensured through a twostage proofing process as well as data integrity checks with the Law Society of B.C. mem­ bership lists.

The additional sources of infor­ mation including contact

names, telephone and FAX numbers of court personnel, registrars, judges, and legally related organizations is fre­ quently cited by Directory users as a valuable information re­ source.

Special thank you is extended to B.C. Branch staff and espe­ cially Vicki Streeter and Ruth Fraser for their diligent work in data input and listing proofing.

Directory advertising was com­ pletely sold out this year and ad sales manager Colin Campbell (687-3404) is already taking ad­ vertising placement orders for next year's edition!

The Directory Sub-Committee chaired by Eric Rice with mem­ bers including George Cadman, Susan Lyons, Robert Smethurst and Bruce Woolley, welcome any comments or suggestions you might have for the 1993 Di­ rectory.

A limited number of the 1992 Directory are still available and can be purchased from the B.C. Branch office.

CBA member price is $16 per copy; non-member price is $25 per copy (prepaid orders in B.C. include postage and han­ dling). Call Kaayla Kenna at 687-3404 to purchase your copy.

Branch members provide guidance Your colleagues provide on-go­ ing guidance to a number of well-established Branch Com­ mittees, joint committees with the Law Society of B.C., and other organizations on which the B.C. Branch is requested to nominate a representative.

Page 25 and 26 of your Direc­ tory lists the chairs of these committees and contact tel­ ephone numbers. These chair­ persons are eager to have your written or verbal comments on issues within their committee's activities.

In this issue, w e've highlighted the activities of three of these committees for your informa­ tion.

Jo in t Court Services Committee This joint committee of the Bar and Court Services meets regu­ larly to discuss and resolve con­ cerns regarding court facilities and administrative functions such as registry operation, court reporting etc.

Members can contact the Branch co-chair Grant Taylor (522-2785) to discuss issues for this joint com m ittee's consid­ eration. Assistant Deputy Min­

did

ister Steve Rumsey co-chairs the committee.

ICBC/CBA Liaison Committee Don Yule (688-1221) co-chairs the liaison committee and wel­ comes the Bar's suggestions for items to be considered by the joint committee.

Other Bar representatives in­ clude Trevor Todd, Joe Mur­ phy, Ken Affleck, Nicole Garson and Vincent Orchard.

Law Courts Education Society I Howard Pontius (374-7717) rep-J resents the CBA on the board of] directors of the society. The Law Courts Education Society I organizes educational programs! on the structure and operations! of B.C.'s court system. At the | present time, programs are of­ fered in Vancouver, Surrey, \ Kamloops, Victoria and Prince j George. 'i

Regional office m anagem ent seminar The Annual Law Office M an­ agement Seminar has held six successful conferences. The reason? Their "EXPO " has be­ come a "m ust stop" for over 150 vendors and twice that many lawyers.

On January 31,1992, the First Annual Law Office Manage­ ment Seminar/EXPO, co-spon­ sored by the Washington State Bar and Region V of the Asso­ ciation of Legal Administrators, hosts a special seminar for B.C., Alberta, Montana, Idaho, Or­ egon and Washington.

The keynote will be on the

YOU KNOW?

You can leave the stress of the office behind at some of British Columbia's deluxe resorts and save between 15 to 30 per cent!

Contact the following resorts directly to receive complete details of facilities and discounts offered exclusively to B.C. Branch members.

108 G olf & Country In n .................................................................... 791-5211 Inn o f the Sea R e s o r t.........................................................................242-2211 Lake Okanagan R e s o rt..................................................................... 769-3511 WaterWay Houseboats Ltd.............................................................. 836-2505 Coast Lakeside R e s o r t......................................................... 1-800-663-1144 Tyax M ountain Lake R e s o r t ................................................ 238-2221 K ing Pacific L o d g e............................................................................. 278-8484 This program has been developed by the B.C. Branch Member Services Committee

Northwest Economy in the 90s. and its Im pact on the Practice of Law. The one day program ! is for interested lawyers, man- | aging partners, and the 480 ad­ ministrators in this region. The; joint m om ing sessions focus on i changes in the market place and strategic planning.

Concurrent afternoon seminars for lawyers focus on imple­ menting plans and business de­ velopment, and for administra­ tors, on managing technology.

A special registration fee of $155 is available prior to Janu­ ary 17; thereafter, registration is $175. Exhibitor fee is $700. For further information, contact George W. Scott, Director of Public Affairs, Washington State Bar, 2001 Sixth Ave. Seattle, WA 98121-2599 (tel: 206 - 448-0441)

National moot competition The Ontario Branch of the CBA is again sponsoring the annual Gale Cup Moot Competition. The UBC team won last year's competition and went on to win the CommonwealthMootingCompetition. The 1992 Gale Cup Moot Competition is scheduled for Feb. 28/29 in To-i ronto.

S ection Ialk Shelley Bentley

Public Trustee test action against father fails in case where no provision for child in wills of happily married parents Bill McElmoyle, counsel for Bruce Cameron in the case of Cameron v. Cameron outlined the facts of this controversial test case for Victoria W ills and Trusts Section members. This was an action brought by the Public Trustee on behalf of a minor, Jennifer Cameron, under the Wills Variation Act against Jennifer's father, Bruce Cameron. At the time of Mrs. Cameron's death, Mr. and Mrs. Cameron were happily married.

Mrs. Cameron's will contained a standard type of disposition for happily married couples: that is, everything was to go to the surviving spouse but if both spouses died $ 1 0 0 , 0 0 0 was to be held in trust to get Jennifer through her youth and the bal­ ance was to be divided equally between Jennifer and each of Mr. Cameron's adult, self-sup­ porting children from a previ­ ous marriage.

Under the Estate Administration Act, section 135, there is an obli­ gation on the Public Trustee to inquire into the circumstances of an estate where an infant is

involved and in doing so the Public Trustee must have re­ gard to whether a Wills Varia­ tion Act application is neces­ sary. For reasons unknown to Mr. McElmoyle, the Public Trustee considered this an ap­ propriate case without inter­ viewing either Mr. Cameron or Jennifer Cameron. The Public Trustee asserted that Mr. Cameron had "an inherent con­ flict of interest" between his du­ ties as executor and his interest as beneficiary and demanded that he retain two separate counsel.

The thrust of the application was that Mrs. Cameron had died without making adequate provision for the proper main­ tenance and support of her daughter and that such provi­ sion should be made out of the estate. It was acknowledged by the Public Trustee's lawyer that this was a first case and no au­ thorities existed given the facts and issues in this case. Counsel for the Public Trustee argued that he was not concerned with what would happen when Mr. Cameron died but with what would happen to the assets during his lifetime. Risky in­ vestments, generous gifts to others and remarriage were seen as threats to Jennifer's fi­ nancial best interests. How­ ever, it was never suggested that Mr. Cameron was anything but a good parent.

In rejecting the Public Trustee's application, Mr. Justice Hood of the B.C.S.C. found that Jennifer was properly taken care of by her parents and that upon Mrs. Cameron's death this was con­ tinued. There were no guaran­ tees when Mr. and Mrs. Cameron provided the support (other than those provided by law) and Mr. Justice Hood saw no reason why there should be guarantees now while Mr. Cameron continued to provide

it. The Court went on to state that if guarantees were needed they must relate to the time when both Mr. and Mrs. Cameron were gone. It was noted that Mr. Cameron's will contained a provision for the proper maintenance of Jennifer, upon both parents passing, similar to the provision in Mrs. Cameron's will. The Court found that Mrs. Cameron was fully aware of her "moral duty" to Jennifer and had discharged that duty. The onus was on the Public Trustee to establish a lack of adequate provision and the trustee had failed to do so.

Costs of the defendant7s two lawyers were awarded against the Public Trustee.

Draft Heritage Conservation Act more far-reaching than present legislation Colin Campbell, director of Heritage Conservation, and Bill Huot, strategy analyst at the Ministry of Municipal Affairs, Recreation and Culture, out­ lined the important features of the draft legislation for mem­ bers of the Municipal and Van­ couver Real Property Sections.

The present eight-page Heritage Conservation Act is flawed in a number of ways. Critics argue that the present act is ambigu­ ous, provides insufficient pro­ tection for property owners and at the same time grants insuffi­ cient powers to municipalities and no powers to regional dis­ tricts. Mr. Campbell noted that the proposed 40 page Heritage Conservation Act attempts to re­ dress these inadequacies and is regarded by some as being the best heritage legislation in Canada. He enumerated some of the principles underlying the

SectionTalk (continued) draft legislation, as follows:

A to treat all interest groups fairly and recognize that the use of legal means to force a private owner to preserve heritage property does not necessarily lead to gook stewardship of the property; A to reduce instances of her­ itage discovery at the last minute through the redevelop­ ment process; A to clean up inconsistencies in the current legislation; A

to provide a complete tool kit for local governments to en­ able them to have a variety of mechanisms to deal with herit­ age issues;

A to reduce confusion re­ garding compensation for herit­ age designation; A to empower municipalities to integrate heritage manage­ ment into the main stream of municipal planning; A to improve stewardship of native heritage resources which include some 18,000 designated archaeological sites; A

to ensure that the legisla­ tion has a reasonable chance of withstanding scrutiny by the courts.

Mr. Huot described some of the mechanisms set up in the draft legislation for local government to deal with preservation of a heritage structure. The pro­ posed legislation includes a 60 day delay on demolition, finan­ cial support through grants in aid, tax relief for up to ten years, owner compensation, a provision to allow for added or bonus in density, the ability to enter into comprehensive devel­ opment agreements for heritage conservation purposes, Land Ti­ tle Act amendments to permit local governments to enter re­ strictive covenants to conserve

amenities and designation by councils of heritage sites.

In cases of dispute, there are two proposed avenues for reso­ lution, the use of the Commercial Arbitration Act and the ability of a property owner to complain to the Ombudsman to look into an issue.

Mr. Huot discussed the estab­ lishment by municipalities of a heritage registry. Notice of in­ clusion in the heritage registry would be placed against the ti­ tle to the properties so that per­ sons dealing with the property in future would be put on no­ tice that the heritage value of the property may be a factor in future development considera­ tions. The proposed scheme would require a building to have heritage registry status in order to give cash of tax relief.

It would also enable the build­ ing to be eligible to have a spe­ cial supplement to the building code applied. This provides for equivalencies to building code standards in the case of older buildings.

Advice on dealing with grieving clients Dr. Nancy Reeves, a clinical psychologist who specializes in treating patients who have suf­ fered a loss, was the guest speaker at a recent joint meet­ ing of the Vancouver and Victo­ ria Wills and Trust Sections.

She reviewed some basic facts about grief, in order to assist lawyers in determining what a "normal" reaction is for a client who has experienced a loss, or has a life threatening illness.

Dr. Reeves explained individu­ als will grieve over any un­ wanted situation in their lives.

Grieving is a healing process and helps in the transition pe­ riod from one situation to an-

-other.

- - - - - -Sometimes - - - - - - - - - physicians - - - - - - - - - Tjwsee the symptoms of grief as thi | problem and medicate it to get I rid of it. This does not assist ir I the grieving process, as the symptoms are a normal part of grieving and should be experi-i ] enced. Individuals grieve not 1 only for the loss itself but also II the implications arising from I the loss; these include intrapersonal and interpersonall changes, role changes, status changes, financial matters, sexual matters and others.

Memory loss is a common symptom. This can be very frustrating for a lawyer in both! receiving and giving instruc­ tions. Lawyers should also b e -j ware of clients who hide or sub* merge their grief symptoms by « pretending that nothing hap­ pened or that everything is nor-l mal. It may be appropriate for I lawyers to let their clients talk fl out feelings of guilt rather than I reassuring them that the loss was not their fault. It may be I preferable to say something like "It's good to talk about this."

Dr. Reeves also discussed the fact that grieving takes energy.

It takes almost all of the indi­ vidual's energy just after the loss. Only a very small amount! of energy is expended on basic I survival matters such a sleep­ ing, eating, or personal groom­ ing. As time progresses, more survival activities are under­ taken, but there is no enjoyment in them. However, eventually, a grieving individual will re­ turn to normal.

In advising lawyers on how to deal with a dying or grieving client, Dr. Reeves recom­ mended that a lawyer acknowl­ edge immediately to the client that he or she knows about the client's situation. This gives the clients an opportunity to talk about the situation if they wish Please turn to page 7

LEGiSLAnvEUpmrE | * 0 (J B

You will see a reference to the number of the Bill (First Reading Bill Number) when it was introduced into 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 First Reading Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library.

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.

Ann McLean

Acts in Force C on stitu tion al A m endm ent A pproval Act, S.B.C. 1991, c.2, First Reading Bill Number 81, provides that the government shall not introduce a motion for a resolution of the Legislative Assembly au足 thorizing an amendment to the constitution of Canada unless a referendum has first been con足 ducted under the Referendum Act as to the rel足 evant matter. in fo r c e S ep tem ber 30,1991

A doption A m endm ent A ct, 1991 S.B.C. 1991, c.8 , First Reading Bill Number 11, amends the Adoption Act, R.S.B.C 1979, c.4 expanding the adoption reunion registry provisions. The Adoption Act previously provided for a voluntary registry system whereby a birth parent or adult adoptee could register identification particulars and where a match was found, each party's information was given to the other. The Adoption Amendment Act, 1991 expands these "passive registry" provisions to include relatives other than birth parents and adds provisions for an "active registry". An adult adoptee may request the assistance of the Superintendent of Family and Child Service who will discreetly inquire whether a birth parent or sibling also placed for adoption wishes to be contacted and if so, will facilitate contact. Likewise a birth parent may request assistance in contacting an adult adoptee.

A provision allowing a party to file a veto with the Superintendent specifying that they not be contacted except in the case of compelling medical need came into force on August 16,1991. a ll section s ex cep t th a t p o rtion o f section 2 o f th e A ct w h ich en acts section 13.4 o f the A d o p tio n A ct, in fo r c e O cto b er 3 ,1 9 9 1

S olicitor G eneral Statutes A m endm ent Act, 1990, S.B.C. 1990, c.71 amends the M otor Vehicle Act, R.S.B.C. 1979, c.288 by amending s.211.1 (1) (j) which allows the Lieutenant Governor in Council to make regulations to provide for the grant of a permit for temporary operation of an unlicensed

or unregistered motor vehicle or trailer on a highway, and deleting the previously specified purposes for which such a permit might be issued. section 11 o f th e A ct in fo r c e Jan u ary 1,1992.

Regulations To Note H ealth Act, B.C. Reg. 286/91, the British Columbia Cancer Agency Research Information Regulation is made, limiting the information which the British Columbia Cancer Agency may request of a person pursuant to section 5.1 of the Health Act. Under the Health Act, a request for information may be made only where reasonable grounds exist to believe that the information will facilitate medical research and that the benefit to the public of the research justifies the request. The information which may be requested is limited to personal identification information, medical information and factors which influence the occurrence of cancer in human populations, as specifically prescribed. e ffec tiv e S eptem ber 30,1991

A doption Act, A doption Amendm ent Act, 1991, Financial A dm inistration Act, B.C. Reg. 438/87.

The Adoption Reunion Registry Regulation is repealed and B.C. Reg. 290/91, the Adoption Reunion Regulation No. 2 is made establishing the fees payable on application pursuant to sections 13.2 and 13.3 of the Adoption Act or requesting written non-identifying information concerning a birth relative or birth child and prescribing the form to be used for applications pursuant to sections 13.2 and 13.3 of the Adoption Act. effec tiv e O cto ber 3,1991

M otor Vehicle Act, B.C. Reg. 26/58, the Motor Vehicle Act Regulations are amended inter alia as to s. 14.01 providing for the Superintendent to

6

Legislative Update (continued) grant a permit for the temporary operation on a highway of a motor vehicle which may or may not have been licensed or registered. The

maximum period of such a permit is 15 days and i| may be subject to terms and conditions set by the I Superintendent and by the regulations.

B.C. Reg. 303/91 effectiv e O ctober 25,1991

Proposed legislation increases post-judgment interest rates On October 4,1991, the federal government introduced legisla­ tion which, if assented to, will result in the rate of post-judg­ ment interest in British Colum­ bia no longer being five per cent per annum. The changes will mean, as a general rule, that in­ terest rates on judgments will equal the prime lending rate of the government's banker.

Under present law, post-judgment interest in British Colum­ bia runs at five per cent per annum in accordance with sec­ tion 12 of the Interest Act (Canada). Section 146 of Bill C35, the Miscellaneous Statute Law Amendment Act, 1991, will re­ peal sections 11 to 14 of the In­ terest Act. If Bill C-35, currently at first reading, becomes law, the rate of post-judgment interest will be set in accordance with this province's Court Order Interest Amendment Act, 1982, S.B.C. 1982, c.47 which amends the Court Order Interest Act, R.S.B.C. 1979, c.76. One of the amend­ ments provides for post-judg­ ment interest to run at an an­ nual interest rate equal to the prime lending rate of the banker to the government. It also allows the court, on appli­ cation, to establish a different rate in appropriate situations and contains provisions estab­ lishing the date from which in­ terest is calculated. These amendments will come into force on the date sections 1 1 to 14 of the Interest Act (Canada) cease to have effect in British Columbia.

The date on which the new pro­ visions will be effective is the last day of the month following

the month in which Bill C-35 is assented to. The Act provides that during the first six months of the year, the applicable inter­ est rate will be the rate effective on January 1st of the year and during the last six months the rate effective on July 1st of the year. Interest will be payable on a pecuniary judgment from the later of the date judgment is

pronounced or the date money I is payable under the judgment,! unless the court of original ju- I risdiction fixes a different date.!

Interest will be deemed to be ini eluded in the judgment for en- I forcement purposes. Partial payments will be applied first I to outstanding interest.

We will keep you advised of further developments.

Reports Available The Legislation and Law Reform Committee has received copies of the following reports from the British Columbia government and others Information may be obtained from Ann McLean, the Branch's Legislai tion and Law Reform Officer, in Victoria (370-2234), or from thi applicable source.

Reports

Source

Environment 2001 Ministry of Environment Strategic Directions for (Public Affairs - 387-9422) British Columbia (Companion papers: a) Managing Wildlife to 2001, A Discussion Paper. b) Conserving Our Resource: Fisheries Program Strategic Plan, 1991 - 1995. c) Sustaining the Water Resource, d) Ensuring Effective Enforcement. e) New Directions in Pesticide Management.)

Commercial Backcountry Recreation on Crown Land in British Columbia - A Summary o f Public Comments.

Ministry of Lands and Parks (A1 Le Fevre - 387-1841)

Child Support: Public Discussion Paper.

Federal /Prov. /Territorial Family Law Committee.

Ministry of Attorney General (Derek Finall - 356-8416)

Parks and Wilderness for the 90's Summary of Public Comments.

Ministry of Lands and Parks, Ministry of Forests (available at B.C. Parks, B.C. Forest Service, government agents offices, and public libraries or Queen's Printer: (Toll Free 1-800-663-6105)

A Forest Practices Code - A Public Discussion Paper July 1991.

Ministry of Forests, Public Affairs Branch (387-8486)

7

Mentor program matches law firms with Law 12 classes Suggested Mentor program ac­ tivities include classroom visits by the firm lawyers; classroom visits to the law firm; court­ house tours; and, assistance with mock trials or other Law Day activities. However, each Mentor partnership is encour­ aged to develop programs of mutual benefit.

AUSTAIR EAGLE PHOTOGRAPHY

The B.C. Branch, through its Communications Committee, handles the administration of the Mentor program and will arrange meetings of partici­ pants to share ideas and pro­ grams. These planning meet­ ings will be funded by the B.C. Branch.

Art Grant and MarkNordrmn,bothwith Singleton Urquhart Macdonald, participated in the Mentor pilot program. Grant was partnered with Sentinal Secondary School in West Vancouver and Nordman with Vancouver College.

The B.C. Branch Mentor pro­ gram is expanding and law firms throughout B.C. are needed to be matched to a Law 1 2 classroom.

"The major commitment of the law firm is time," says Murray Clemens of Campney and Mur­ phy who is providing assistance to the Branch in matching law firms with Law 12 classes.

"While we recognize that time commitment by lawyers is a valuable commodity to ask of them, our pilot Mentor law firm participants reported that they enjoyed and learned a great deal from their contact with the Law 12 students," adds Clem­ ens.

The objectives of the program are to increase student under­ standing and appreciation of the legal system; to help stu­ dents achieve a participatory role in our democratic society; to make students aware of their rights and responsibilities as citizens; to guide students in recognizing the impact of the law on their lives; and, to pro­

vide information on possible ca­ reers in the justice system.

"We've purposefully kept the Mentor program as simple as possible so that each Mentor partnership can develop pro­ grams based on the skills, needs and interest of the Mentor part­ ners," says Clemens.

SectionTalk

The law firm and the school are responsible for arranging fund­ ing for travel costs, lunch costs etc. as required for specific pro­ gram activities between the Mentor partners.

If your law firm is interested in participating, contact Larry Hnetka, Assistant Director (Communications), at the B.C. Branch office (tel: 687-3404).

(continued from page 4)

to expand on it or turn to an­ other subject. Remember that clients often want their lawyer to be only their lawyer and not their counsellor.

With respect to how many de­ mands to place on a grieving client, Dr. Reeves suggests ask­ ing a client "What's going on with you right now?" This will assist in finding out where the client's energy is focused. For example, a client may need to busy themselves with legal mat­ ters or conversely, may be too busy dealing with other matters to deal with legalities well.

Finally, Dr. Reeves advises law­ yers not to say that they under­ stand how someone is feeling as it diminishes the client's grief.

Instead sympathy can be demon­ strated by saying "I was in a similar situation and I felt this way" Be careful not to say you care unless you do. It is difficult to imagine after a five minute ac­ quaintance that anyone can be truly sorry about a stranger's loss. Further don't give advice about grieving. A lawyer can give information about grieving but should be careful not to tell a person how to feel.

Lawyer Referral uses latest technology

....................................

Since 1955, the Lawyer Referral service has remained basically the same as when it was first initiated — a simple and inex­ pensive way for the public to seek legal advice before prob­ lems became complicated and expensive.

For over 35 years, the profes­ sion has voluntarily provided a one-half hour consultation for a nominal fee which today is set at $ 1 0 .

"The program is well recog­ nized as a valuable public service and we appreciate the profession's willingness to provide a significant pro bono contribution by agreeing to voluntarily participate in the program and to charge the nominal fee. We sincerely thank every participating lawyer," says Tony Palmer, chair of the Lawyer Referral Advisory Committee.

Last year, over 40,000 referrals were provided in B.C. In addition to the Vancouver office, there are 15 other loca­ tions throughout the province providing the service as well.

"One of our priorities this past year has been to computerize the Vancouver service," stated Palmer. With a major upgrade of the B.C. Branch computer database, computerizing the Lawyer Referral service at the same time was a cost-effective way to upgrade this service.

Once the Lawyer Referral computer program was up and running smoothly, a complete panel re-registration of Vancou­ ver participants was completed.

"The Advisory Committee recommended deleting several out-dated panels and adding several new panels," said Palmer. The new panels in­ clude: native issues, women's issues, mentally and physically challenged issues, and environ­ mental issues.

The last phase of the upgrade recently implemented sends referral notices by FAX to the Vancouver participants.

"Up to last year, the high volume of referrals handled by the B.C. Branch office was done entirely manually with partici­ pating lawyers cross-referenced on index cards and handwritten referral notices mailed to each lawyer.

"We anticipate the FAX notices will save significant program costs allocated to clerical staff

i time, paper and postage. By J sending the notices the same I day after office hours, the participating lawyers will also H be informed sooner of potential! referrals who call seeking legal I advice," added Palmer.

For those lawyers who wish to I continue to receive a hard copy I referral notice, the program is I able to accommodate this request.

The Lawyer Referral computeri-i zation was supported through the Law Foundation of B.C. grant.

Registrars handle questions The September issue of BarTalk incorrectly stated that "Masters will handle legal questions previously referred to regis­ trars."

Registrar Elizabeth Dunn corrects this statement and indicates: "one of the aims of the Master's program is that the Masters will carry much of the burden currently bom by the Judges. In assuming a role more akin to that of a Judge, the Masters are thus one further step removed from the role many previously have held as

registrars of the Supreme Court.

"As with Judges, Masters are j not intended to take inquiries I directly from the Bar or the public. Such questions should be directed to the deputy or district registrar in the closest registry. If this individual is unable to answer the question, it is then forwarded to (Dunn's) office in Victoria."

We apologize for any misun­ derstanding the previous report may have raised.

did YOU KNOW? Lawyer hourly rates and sup­ port staff compensation surveys are available to help you with your annual compensation planning.

These surveys are a joint project of the CBA (B.C. Branch) Mem­ ber Services and the Vancouver

Association of Legal Adminis­ trators.

1992 Surveys are now available at $ 2 0 0 per survey (prepaid).

Use the order form included in this issue of BarTalk and send your request directly to the B.C. Branch office.

This program has been developed by the B.C. Branch Member Services Committee in cooperation with the Vancouver Association of Legal Administrators.

9

Public legal education: who's pro bono?

by M ich ael Fortier, Chair, PLE C onference

"Amid, diem perdidi," would exdaim the Roman philosopher Titus when a day would pass without him doing anything de­ cent for mankind. Many Canadi­ ans would sarcastically conclude that Titus was not one of Themis' disciples.

Over the past decades, and more intensely in the recent years, the legal profession has had to face a negative perception problem with the Canadian public. Other pro­ fessionals, like doctors and engi­ neers maintain decent positions in popularity polls mostly be­ cause some of them keep us out of hospital wards while the others are associated with job-creating projects. To many average Cana­ dians, lawyers are making a bun­ dle encouraging useless litigation or running their governments in to disarray.

Over the past three years, the Canadian Bar Association has invested time and effort on two particular projects aimed at pub­ lic legal education that illustrate the Bar's commitment to more than "useless litigation." The CBA/Canadian Bankers Associa­ tion report on plain language was released during the CBA's 1990 Annual Meeting in London.

Strongly endorsed by the CBA Council and by all banks, the re­ port recommends plain and sim­ ple drafting to all lawyers to en­ sure full understanding and knowledge by all participants in a legal transaction. To lead the way, some Canadian banks have undertaken to modify basic bank­ ing documentation to abide by the report's conclusions.

All lawyers should be aware of the benefits that can be derived from using plain language when drafting materials. A client fully informed and knowledgeable of the documents he/she executes is a happy client and one who

fully appreciates all the ramifica­ tions.

During the 1990 Annual Meeting, the CBA announced the creation of a literacy task force to examine Canada's literacy problems and their effects on access to justice.

The task force has received finan­ cial support from the Federal De­ partment of Secretary of State and is expected to report to the CBA during its 1992 Annual Meeting and recommend measures to en­ sure that those Canadians with literacy difficulties have full ac­ cess to all their basic legal rights.

These two projects were spear­ headed by one of the CBA's most active and creative conferences, the Conference on Public Legal Education. Founded in 1986, ini­ tially as a forum, PLE's objectives are to educate the public on their

basic legal rights and to recom­ mend measures to ensure better access to justice for all Canadi­ ans.

Without the lawyers through which these programs must be implemented, plain language and access to justice are just that, pro­ grams. Thoseofyouinterestedin ideas such as plain language, ac­ cess to justice and literacy should consider joining the CBA's Con­ ference on Public Legal Educa­ tion.

Membership is free and easy. Call the CBA national office in Ottawa (613) 237-2925 and give your name and address. PLE will keep you informed of projects, invite you to its Annual Meetings and call for assistance from time to time.

Make Titus proud and join the CBA's PLE.

Elvis sighted at Whistler Registration forms in the guise of a sensational tabloid have been sent to CBA Council members for the National Mid-Winter Meeting at Whistler on February 22 to 25, 1992.

of elected Council members who cannot attend. Contact Robert Smethurst a t the B.C. Branch office if you are interested in being appointed asanalternate Council member.

Sessions include a panel on the Constitution, the National Sec­ tions Council m eeting, and various meetings of National Committees. CBA members are reminded that alternates can vote on issues debated during the council meetings by appointment by the Branch president in place

Elvis warns registrants that accommodation is limited and to book early by calling the hotels listed in the conference brochure directly. Additional information about the National Mid-Winter meeting can be ob tained by calling the National CBA office (tel: 613237-2925).

Society seeks volunteer assistance The B.C. Lupus Association is look­ ing for a volunteer lawyer to assist this non-profit society which pro­ vides self-help support for lupus patients, their friends and families.

The Association was formed in 1978 and operates under the auspicesofthe Arthritis Society. How­ ever, the Association is forming its

ownsocietyand therefore requires free legal advice on a variety of matters.

Please call the B.C. Lupus Associa­ tion at 879-7511 or its president Mary Yee at 874-1874 if you are interested in donatingyour time to the association.

10

fiSSk- Canadian Bar Association (B.C. Branch)

Dates to Note

invites you to join us on the

For further information, conta the B.C. Branch unless otherwise noted

aboard the Holland America's

MS Nieuw Amsterdam

D e p a rts Lo s A n g e le s Sa tu rd a y, M a y 9, 1 9 9 2 A rriv e s V a n c o u v e r Tuesday, M a y 1 2, 1 9 9 2

A ll-in c lu siv e p a c k a g e inclu des: J . Stateroom selection J , CBA substantive program J , Meals aboard ship J , Captain* Reception J , Port charges and taxes J . CBA cocktail reception <I>Air fare Vancouver to LA J , CBA social programs Transfer airport to ship j . And prizesl

Call the C B A (BC Branch) at 6 8 7 -3 4 0 4 for com plete registration inform ation

Pre-cruise tours feature variety and fun Convention Cruise Chair Eric Rice and his committee have finalized several pre-cruise tour options to supplement Convention Cruise '92.

A package to Disneyland, threenights in Las Vegas, Mexican Baja and Riviera cruises, and golfing in San Diego are just a few of the options available to convention delegates. Special pre-cruise ho­ tel rates at the Anaheim Marriott and post-cruise hotel rates at the Pan Pacific Vancouver Hotel are also available.

Complete details of these pre­ cruise options are outlined on the enclosed flyer. Marita Ozols of Uniglobe Advance Travel (6 8 8 5572) welcomes your calls for fur­ ther details regarding informa­ tion about the Nieuw Amster­

dam, stateroom selection and preand post-cruise tours. Please note that babysitting arrangements for convention delegates while on board the cruise ship will be avail­ able.

For those of you who are still considering attending the con­ vention, substantive program chair Peter Fairey indicates that the program and speakers will be announced early in the new year as final details are being arranged now. Your early registration en­ sures that you will have the best selection of available staterooms being held for the CBA. Contact the B.C. Branch for a de­ tailed registration brochure for Convention Cruise '92, May 9 to 12,1992, departing from Los An­ geles and cruising to Vancouver!

December 7,1991 CBA (B.C. Branch) Provincial Council Meeting Vancouver February 1,1992 CBA (B.C. Branch) Provincial Council Meeting Vancouver February 22 to 25,1992 National CBA Mid-Winter Meeting Whistler

i

April 21-26,1992 Law Day Various locations throughout, British Columbia (Contact the CBA office or yourLocal or County Bar President for information May 9 to 12,1992 Convention Cruise '92 aboard the MS Nieuw Amsterdam.

Pre-Cruise tours also available June 12,1992 CBA (B.C. Branch) Annual Meeting/Provincial Council Meeting/Law Society of B.C. Annual Meeting Vancouver August 23-27,1992 National CBA Annual Meetin Halifax, Nova Scotia (613) 237-2925

BarTalk is published by the British Columbia Branch of the Canadian Bar Association, 504-1148 Hornby Street, Vancouver, B.C. V6Z 2C3 Telephone: (604) 687-3404 FAX: 669-9601 Alistair Eagle Photography (688-8867) is the CBA (B.C. Branch) official photographer.

Copyright the British Colum­ bia Branch of the Canadian Bar Association — 1991.

Printedon recycledpaper