BarTalk | January 1994 by The Canadian Bar Association, BC Branch

President's Message

Our public image - the need to respond NEWSLETTER OF THE CANADIAN BAR ASSOCIATION, B C BRANCH

"One should respect public opinion insofar as is necessary to avoid starvation and keep out af prison, but anything that goes beyond this is voluntary submission to an unnecessary tyranny."- Bertrand Russell . A recent survey completed be the Wtth the greatest of ~spect to

Bertrand Russell - philosophers may be able to hold public opinion in disdain and continue to fulfill a useful and productive role in society -lawyers do so at their own peril.

American Bar Association (ABA) and reported on in the September, 1993 issue of the ABA Journal, seems to dispel that concept and relegate it to the category of a 20th century urban myth.

Many of us involved in issues affecting the legal profession have JANUARY/1994 taken a measure of comfort from the traditional view that while the profession as a whole may have serious image problems, our individual clients hold us in high regard and recognize the signifiVOLUME 6 cant contribution we make in pursuit of the ideals of our honNUMBER 1 ourable profession.

The ABAsurveydiscovered some trends which should be of concern to all members of the legal profession. The most significant trend can be summarized in the starkest of terms as follows:

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United Way tally ...................... 2 Legislative Update .................. 5 Conflict of Interest .................. 7 Queen's Counsel named ........ 7 Section Talk .............................. 9 Moot Competition ................. 11 Registry answers .................. 12 Council highlights ................. 13 (

Career alternatives ............... 14

wee compliance ................... 15

"It seems that the more contact a person has had with lawyers, the less favourably he or she is inclined to feel about them. "

]. Parker MacCarthy CBA (B.C. Branch) President 1993/94

Many among us have contended that insofar as the public opinion is concerned, to really know us is to love us! Accordingly, the critics of the legal profession could be characterized as not really knowing us. Not so says the ABA (Please turn to page 3)

Law Day activities set for April Tim Delaney, chair of the Law Week '94 Planning Committee reports that plans are well underway for a wide variety of events and activities during Law Week in B.C., April17 to 24. This year's theme is '~c颅 cess to Justice: Families and the Law" to coincide with the United Nations Year of the Family. Volunteers are required for the Dial-A-Lawyer and Student/ Lawyer Mentor Program. Details are included with this BarTalk mailing or you can call the B.C. Branch office at 6873404 for more information. An open house is planned for the new Vancouver Provincial

Court at 800 Hornby Street on Sunday, April 24, 1994. Events planned included mock trials, the finals of the Barry Sullivan Public Speaking Competition, court tours, and displays. A public forum at Robson Square Conference Centre is also being planned. Local Law Day Planning Committees are at work in over 15 other communities in B.C. and are planning similar activities. If you are interested in finding out what programs are being developed in your community or would like to volunteer for Law Week activities, please call the B.C. Branch at 687-3404 for further information. []

Legal community unites for charity

Dinner honours Mr. Justice Taggart The Law Courts Inn is sponsoring a dinner in honour of Mr. Justice Taggart's 25 years on the Court of Appeal. The dinner will be held at the Law Courts Inn on Thursday, March 10, 1994. Tickets are $60 per person and are available from the following directors of the Law Courts Inn: (Please contact the secretary of the Directors as indicated)

Bull, Hausser & Tupper marketing co-ordinator Gini Staab and Fanis Vaughn Wills & Murphy associate Brian Canfield are all smiles as they tally up United Way contributions from the legal community in the Lower Mainland. Gini was named employee campaign chair of the year for her successful fund-raising at Bull Hausser. Brian ~eaded up the fund-raising effort in the lawyers' section of the Lower Mainland campmgn.

Partners and staff of law firms in the Lower Mainland contributed $336,000, over 24 per cent more than last year, adding to the $18,300,000 raised in the Lower Mainland United Way campaign. Campaign chair Bryan Henderson announced that this total exceeded the campaign target by $75,000.

A 25 per cent increase in Ia wyer' s contributions to the United Way of the Central Okanagan helped the Kelowna campaign exceed its goal to raise a total of$510,000 for agencies in that area. As the last money trickles in, most United Wayssawanincreaseover 1992 in the level of giving from the legal community. []

McDonell heads Law Foundation of B.C.

Director John Logan Russell & DuMoulin Secretary: Suzanne Poulson Tel: 631-3131 Director Jim Doyle Harper Grey Easton Secretary: Joanne Thompson Tel: 687-0411 (Local 2204) Cheques should be made payable to the Law Courts Inn. []

Members say thumbs down to diary Over 63 per cent of the 539 responses we received regarding the annual diary indicated that members do not use the diary. Comments from 146 members indicated they gave away the diary, or tried to give it away.

Allan McDonell has been elected Chair of the Law Foundation of B.C. for a two-year term beginning January 1, 1994. As the longest serving Governor currently on the Law Foundation Board and as the past Chair of its Finance and Administration Committee, McDonell brings a wealth of experience to his new role as Chair of the Foundation. With interest rates at their lowest level in 30 years, the Foundation faces the challenging task of attempting to fund the many continuing grantees who provide important legal services and education to the public.

Director Cyndi Miller Davis & Company Secretary: Allene LeRoy Tel: 687-9444 (local247)

McDonell is a partner in the Vancouver law firm of Russell & DuMoulin, engaged in a general civil litigation practice. He is a member of the International Cominission of Jurists (Canada), and the Environmental Mining Council of British Columbia, and serves as a director of the Sierra Club of Western Canada. []

The diary has been generously sponsored in previous years and members indicated on the FAXPOLL that if it was to be continued, 36 per cent suggested it should continue only as a sponsored item; 38 per cent suggested that it could be an optional charge in addition to CBA fees; and, 18 per cent suggested that it be included in CBA dues. The B.C. Branch thanks all members who responded to the survey as it provides us with valuable information to take to the National CBA on this issue. []

Our public image (President's message continued from page 1) survey. "Of all the factors that affect attitudes towards lawyers, nothing has as a strong an impact as an individual's amount of interaction with the profession." Two thirds of the respondents in the ABA survey had retained a lawyer in a legal matter during the past ten years. Seventy-five percent of them said they personally knew a lawyer and half of the respondents dealt with lawyers on a "semi-regular basis." As an overall result, the survey only gave lawyers a 40% "favourability" rating compared to teachers at 84% and pharmacists at 81%. Stock Brokers at 28% and politicians at 21% were the only other groups with less than a 50% favourability rating. The survey was not without some

ABA survey classifies sources of discontent about lawyers

Lack of caring and compassion

+ + +

Ethics Greed Advertising

B.C. Branch Identifies means to support profession's Image

good news, reported the ABA Journal article. Two-thirds of the respondents apparently regarded lawyers as "smart and knowledgeable." Similarly two-thirds of the respondents who had retained a lawyer during the past 10 years apparently stated they were satisfied with that lawyer's performance and 43% said they were "very satisfied."

1. Lack of Caring and Compassion" - apparently evidenced by lawyers' arrogant "desk side manners" and the perception held that lawyers are no longer community leaders, defenders of the underdog nor in search of justice 2. uEthics" - a concern from the respondents about everything from a lack of ethical standards and honesty of lawyers to what appears to be a very broad notion held by the respondents as to what is encompassed within ethical matters. Such things as "fee disputes, lack of client relations and communication problems" were identified under this heading.

The ABA article emphasized that favourable opinions about lawyers however were more likely to be held by "minorities, the unemployed, members of low income households and adults under age 30"- those described as least likely to come into direct personal contact with lawyers and knowing the least about the legal system.

3. "Greed"- 63% of respondents indicated lawyers "made too much money", while 59% said lawyers are "greedy" and 55% stated it was fair to say that most lawyers "charge excessive fees"

On the other hand, the article emphasized that negative feelings were more likely to be held by "people ages 45 to 59, those who know a lot about the legal system, the upper middle class, the high income, and the highly educated" - those described as most likely to come into direct personal contact with lawyers.

. 4. "Advertising" - it would appear many respondents saw advertising as an example of lawyers promoting too many lawsuits and tying up the courts. A focus group follow up "revealed the intensity with which people feel that lawyers are to blame for the increasing case loads and back logs of courts."

The sources of discontent about lawyers, identified by this survey, were categorized under four headings:

Whether or not the underlying issues or the results of the ABA survey are totally applicable to (Please turn to page 4)

+ support and participate in public legal education + emphasize and publicize the significant volunteer contribution and leadership of lawyers + emphasize pro bono work of lawyers + communicate work on court reform, ADR, access to justice, plain language and literacy + emphasize the importance ofindividual lawyer's "desk side manner" + listen and respond to client's concerns including complaints, ethics and the disciplinary process

The B.C. Branch hosted 20 Local and County Bar President's on Saturday, Oct. 16, 1993. The meeting provides an opportunity to discuss local concerns with a wide variety of representatives from the profession. Pictured here (left to right) are Robert Smethurst, Q.C., Executive Director of the B.C. Branch; Chief Justice McEachern; B.C. Branch President Parker MacCarthy; Law Society Treasurer Bob Johnston, Q.C.; and Deputy Attorney General Brian Neal. 路

Legal community unites for charity

A 25 per cent increase in lawyer's contributions to the United Way of the Central Okanagan helped the Kelowna campaign exceed its goal to raise a total of $510,000 for agencies in that area. As the last money trickles in, most United Ways saw an increase over 1992 in the level of giving from the legal community. C

McDonell heads Law Foundation of B.C.

Director John Logan Russell & DuMoulin Secretary: Suzanne Poulson Tel: 631-3131 Director Jim Doyle . Harper Grey Easton Secretary: Joanne Thompson Tel: 687-0411 (Local2204) Cheques should be made payable to the Law Courts Inn. C

Allan McDonell has been elected Chair of the Law Foundation of B.C. for a two-year term beginning January 1, 1994. As the longest serving Governor currently on the Law Foundation Board and as the past Chair of its Finance and Administration Committee, McI>onell brings a wealth of experience to his new role as Chair of the Foundation. With interest rates at their lowest level in 30 years, the Foundation faces the challenging task of attempting to fund the many continuing grantees who provide important legal services and education to the public.

Director Cyndi Miller Davis & Company Secretary: Allene LeRoy Tel: 687-9444 (local247)

McDonell is a partner in the Vancouver law firm of Russell & DuMoulin, engaged in a general civil litigation practice. He is a member of the International Commission of Jurists (Canada), and the Environmental Mining Council of British Columbia, and serves as a director of the Sierra Club of Western Canada. C

Our public image (President's message continued from page 1) survey. "Of all the factors that affect attitudes towards lawyers, nothing has as a strong an impact as an individual's amount of interaction with the profession." Two thirds of the respondents in the ABA survey had retained a lawyer in a legal matter during the past ten years. 路 Seventy-five percent of them said they personally knew a lawyer and half of the respondents dealt with lawyers on a "semi-regular basis." As an overall result, the survey only gave lawyers a 40% "favourability" rating compared to teachers at 84% and pharmacists at 81%. Stock Brokers at 28% and politicians at 21% were the only other groups with less than a 50% favourability rating. Thesurveywasnotwithoutsome

ABA survey classifies sources of discontent about lawyers

Lack of caring and compassion

+ + +

Ethics Greed Advertising

B.C. Branch Identifies means to support profession's Image

1. uLack of Caring and Compassion" - apparently evidenced by lawyers' arrogant "desk side manners" and the perception held that lawyers are no longer community leaders, defenders of the underdog nor in search of justice 2. uEthics" - a concern from the respondents about everything from a lack of ethical standards and honesty of lawyers to what appears to be a very broad notion held by the respondents as to what is encompassed within ethical matters. Such things as "fee disputes, lack of client relations and communication problems" were identified under this heading.

The ABA article emphasized that favourable opinions about lawyers however were more likely to be held by" minorities, the unemployed, members of low income households and adults under age 30" -those described as least likely to come into direct personal contact with lawyers and knowing the least about the legal system.

3. "Greed" - 63% of respondents indicated lawyers "made too much money", while 59% said lawyers are "greedy'' and 55% stated it was fair to say that most lawyers "charge excessive fees"

. 4. u Advertising" - it would appear many respondents saw advertising as an example of lawyers promoting too many lawsuits and tying up the courts. A focus group follow up "revealed the intensity with which people feel that lawyers are to blame for the increasing case loads and back logs of courts."

The sources of discontent about lawyers, identified by this survey, were categorized under four headings:

Whether or not the underlying issues or the results of the ABA survey are totally applicable to (Please turn to page 4)

+ support and participate in public legal education + emphasize and publicize the significant volunteer contribution and leadership of lawyers

+ emphasize pro bono work of lawyers + communicate work on court reform, ADR, access to justice, plain language and literacy + emphasize the importance ofindividual lawyer's "desk side manner" + listen and respond to client's concerns including complaints, ethics and the disciplinary process

The B.C. Branch hosted 20 Local and County Bar President's on Saturday, Oct. 16, 1993. The meeting provides an opportunity to discuss local concerns with a wide variety of representatives from the profession. Pictured here (left to right) are Robert Smethurst, Q.C., Executive Director of the B.C. Branch; Chief Justice McEachern; B.C. Branch President Parker MacCarthy; Law Society Treasurer Bob John ston, Q.C.; and Deputy Attorney General Brian Neal. 路

Our public image (President's message continued from page 3) the Canadian experience is irrelevant. If our public image is not as bad as our American counterparts, past trends have demonstrated that there is a significant danger that our image will be that bad in the not too distant future. The time to respond is now. As a Branch we know that the problem of our profession's image is a membership priority. However, the solutions are not simple. Some members of our profession view institutional advertising as the panacea. Institutional advertising can be an expensive proposition and requires an on-going financial commitment from a professional organization if it is to be effective. For example, a recent B.C Medical Association" awareness" campaign cost about $750,000 and was funded by a special, voluntary levy of $75 per member. This levy was in addition to a significant annual budget allocation to a variety of ongoing communications activities. Considerable debate surrounds the long term effectiveness of institutional advertising. Suchcampaigns are also extremely vulnerable and, for example, can be totally neutralized by the adverse publicity surrounding one story of one lawyer stealing from a widowed pensioner. The more realistic and cost effective solutions will likely include: • our continuing support of and participation in public legal education initiatives such as Law Day and the People's Law School. • locally based public awareness programs organized and coordinated by the B.C. Branch, the Law Society and local bars, which place emphasis on and publicize the significant voluntary contribution presently being made by lawyers and the leadership they are providing in most communities. •

greater publicity for the ex-

isting forms of pro bono work offered by our profession to local communities and the province as a whole, which ranges from free advice and consultation with the government on legislation and law reform matters to the numerous situations where members undertake matters for the disadvantaged orvoluntary, non-profit organizations without expectation of remuneration or on a significantly reduced compensation basis. • our continued commitment to court reform, promotion of forms of alternative dispute resolution, finding means of alleviating court delays, promoting access to justice and promoting plain language and literacy initiativesand as important - the effective communication of our work and the contributions of our profession in these areas. • heightened individual lawyer's awareness on the impact of our "desk side manner" and increased training and education in this area • continued attention - both individually and collectively- to clients concerns as they relate to client complaints, ethics and the disciplinary process.

Memorial fund established Former Chief Legislative Counsel Clifford S. Watt passed away last January and a memorial fund has been established in his name. The University of Victoria Law School will award a "book prize" in Mr. Watt's name to deserving students in a subject related to legal writing or some other area of law in which he was interested. CBA members can send their contribution to the Clifford S. Watt Memorial Fund to the University of Law, Faculty of Law, P.O. Box 2400, Victoria V8W 3H7. Cheques should be made payable to the

) • on a personallevel, constantly reminding ourselves that each client contact or communication represents an opportunity utilized or lost to improve the image of our profession. This year, more of our Branch resources including time, money and personnel are being devoted to strategies and programs designed to overcome the issues created by or contributing to this image problem. For example, we have just engaged the services of a public affairs officer to assist several of our committees and working groups to carry forward effective programs designed to attack the root of these problems and thereby improve our image. We not only welcome your ideas and support, we require them. Our Communications Committee is particularly interested in receiving your ideas about cost effective ways of tackling the issues surrounding our professional image. The ABA survey clearly demonstrates this need and confirms that we no longer have the luxury of dealing with the problems of public opinion and faulty perceptions by ignoring or trivializing them. C

University of Victoria. Tax receipts will be issued by the Development Office of the University for donations of $20 or more. C

ATTENTION: Cariboo County lawyers The Lawyers Assistance Program needs volunteers to assist in advising I counselling fellow practitioners who are experiencing difficulty in their practices as a result of substance abuse, stress or financial problems. All replies are confidential. Can you help? Contact Allan Bate, Q.C. at 5656090 or Randy Walker at 5637330. c

You will see a reference in some cases to the number of the Bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The Bill Number has been given to 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.

ACTS IN FORCE Ann McLean

Motor Fuel Tax Amendment Act, 1993, S.B.C. 1993, c.56, (Bill18), amends the Motor Fuel Tax Act, S.B.C. 1985, c.76, providing for a 4 cent per litre tax on gasoline or motive fuel purchased in the Vancouver Regional Transit Service Area. section ll(a) of the Motor Fuel Tax Act in force July 1, 1993

Employee Investment Amendment Act, 1993, S.B.C. 1993, c.ll, (Bill16), amends the (a) Employee Investment Act, S.B.C. 1989, c.24, permitting an employee venture capital corporation to create paid up capital accounts for each class and series of issued shares and specifying how they are to be maintained, and (b) Income Tax Act, R.S.B.C. 1979, c.190, permitting a taxpayer, subject to a $2000 deduction limit, to deduct credits from purchases of shares made within 60 days after the applicable year end. sections 2 and 3 of the Act in force December 2,.1993

Energy, Mines and Petroleum Resources Statutes Amendment Act, 1993, S.B.C. 1993, c.12, (Bill 28), amends the Energy Efficiency Act, S.B.C. 1990, c.40, expanding the products which may be regulated under the Act to include products which control or affect the use of energy and providing for regulations which may require manufacturers to report information on energy consumption or efficiency of energy devices. sections 4- 6 of the Act in force December 2,. 1993

Notaries Amendment Act, 1993, S.B.C. 1993, c.33, (Bill41), amends the Notaries Act, S.B.C. 1981, c.23, allowing a notary corporation to carry on the business of providing notary services. sections 1 - 3 of the Act in force December 2,. 1993

Municipal Amendment Act, 1992, S.B.C. 1992, c.18, (Bill 47), amends the Municipal Act, R.S.B.C. 1979, c.290, allowing the Lieutenant Governor in Council to set interest rates for interest on monies

refundable by a municipality and to set a maximum for certain licence fees and an amount for certain fixed administration fees. sections 37, 41, 47, 50- 53 and 79 in force December 9, 1993

Mineral Land Tax Amendment Act, 1992, S.B.C. 1992, c.13, amends the Mineral Land Tax Act, R.S.B.C. 1979, c.260, repealing the concept of a production tract and the tax payable in connection with it, repealing payment of certain taxes based on an assessment of a production area and repealing the requirement to include in a tax notice a statement respecting the appeal of an assessment. sections 1(a), (c), and (d), 3, 5, 6, and the part of section Swhich repeals s.9(4), 16 and 19 of the Mineral Land Tax Act and section 9inforceJanuary1,1994

Workers Compensation Amendment Act, 1993, S.B.C. 1993, c.34, (Bill63), amends the Workers Compensation Act, R.S.B.C. 1979, c.437, expanding the coverage under Part 1 of the Act to include all employers and employees except those exempted by board order. sections 1(b) and (c),

4 3, 6, 12 and 13 in force January 1, 1994

Employment Standards Amendment Act, 1993, S.B.C. 1993, c.42, (Bill 65), amends the Employment Standards Act, S.B.C. 1980, c.10, providing that a contract to waive the requirements of the Act is void except in certain circumstances, that the provisions of the Act establish a minimum standard which may be enhanced by a collective agreement and that the dispute resolution provisions of a collective agreement will be used to resolve disputes arising under the Act and regulations. sections 3, 5, 6 and 13 in force January 1, 1994

Environment, Lands and Parks Statutes Amendment Act, 1993, S.B.C. 1993, c.13, (Bill 25), amends the Commercial River Rafting Safety Act, S.B.C. 1988, c.32, allowing the issuance of a permit for more than one river and providing that a raft or class of rafts may be exempted by regulation. sections 1 - 3 of the Act in force January 6, 1994

Legislative Update (continued) Municipalities Enabling and Validating (No.2) Amendment Act (No. 2), 1993, S.B.C. 1993, c.29, (Bill 43), amends the Municipalities Enabling and Validating Act (No.2), S.B.C. 1990, c.61, allowing an economic plan under the Job Protection Act relating to Cominco Ltd, the City of Trail and the Regional District of Kootenay Boundary to continue for 10 years and permitting the regional district to be a public body to vary the taxes otherwise payable by Cominco Ltd. section 2 of the Act in force January 6, 1994

Home Owner Grant Amendment Act, 1993, S.B.C. 1993, c. 18, (Bill 23), amends the Home Owner Grant Act, S.B.C. 1980, c.18, clarifying that only taxes on residential property and farm land are taken into account when calculating the amount of the grant, clarifying the eligibility requirements for various types of residences, providing for the appointment of a provincial grant administrator with power to request information and review municipal records, establishing a new procedure for recovery of grants improperly received and making consequential amendments to the School Act. in force fat~uary 13, 1994

Pension Benefits Standards Act, S.B.C. 1991, c.15, provides for registration of pension plans and transfer agreements, cancellation of registration, funding and solvency requirements, making contributions, the making of regulations setting out investment requirements and transfer of surplus assets. sections 14- 17, 18(2), 19 â&#x20AC;˘ 24 4L 43(1) and (2), 44, 48(1) and (8), 49(2), 61 a11d 76 in force Febrnary 1, 1994

Note: the entire Act is now in force except that section 75 has not yet been brought into force by regulation and sections 79 and 80 come into force January 1, 1998

Consumer Protection Statutes Amendment Act, 1993, S.B.C. 1993, c.39, (Bill21), amends the Consumer Protection Act, R.S.B.C. 1979, c.65, clarifying that a direct sale does not include a sale by telephone, mail, fax or any other method that does not involve face to face contact, providing for the licensing of direct sellers, including a requirement that an applicant for a licence provide satisfactory security and allowing a direct sales contract to be cancelled within a one year period if the seller is not licensed, and providing additional protection for purchasers from direct sellers, including a provision that certain contracts be in writing and contain required information. sections 1(b), (c), and (e) a11d 3 â&#x20AC;˘ 8 i11 forceApril1, 1994

REGULATIONS TO NOTE Energy Efficiency Act, B.C. Reg. 72/91 is repealed and B.C. Reg. 389/93, the Energy Efficiency Standards Regulation is made, expanding the types of devices which are subject to the regulation. effective December 2,. 1993

Employment Standards Act, B.C. Reg. 37/ 81, the Employment Standards Act Regulation is amended deleting a provision which exempted an employee covered by a collective agreement from the general holidays requirements of s.4. B.C. Reg. 421/93 effective Ja~~uary 1, 1994

Company Act, B.C. Reg. 402 / 81, the Company Act Regulation is amended, repealing s.7.1 and 7.2, which authorized a company to keep its register of members at the British Columbia office of a trust company or credit union (see however, s.69.1 of the Company Act). B.C. Reg. 3/94 effective Ja11uary 6, 1994

Company Act, B.C. Reg. 4 /94 amends Forms 10 and 11 of the Second Schedule of the Company Act - Notices of Directors being appointed and ceasing to act. effective fa~~uary 6, 1994

Pension Benefits Standards Act, B.C. Reg. 465/92, the Public Sector Pension Plans Exemption Regulation is repealed and B.C. Reg. 494/92 is superseded by B.C. Reg. 433 /93, the Pension Benefits Standards Regulation, amending the previous provisions and providing for new matters, including review of a plan containing a defined benefit provision, actuarial valuation reports and cost certificates, filing of collective agreements and arbitration awards, disclosure of information respecting plans, transfer statements for multi-employer plans, termination or winding up statements, defining "retirement income fund", life income funds, solvency tests and funding plans, contribution holidays, investment requirements and surplus assets. effective February 1, 1994

Consumer Protection Act, B.C. Reg. 419/93, the Direct Sellers Regulation is made, prescribing the form and wording of a written contract to be used by direct sellers, the form of application for alicence, exemptions from licensing requirements and the form of salesperson identification cards. effectiveAprill, 1994

Conflict of Interest and Liability Issues for Directors of Societies Should conflict of interest rules for a director of a society be. the same as those for a director of a corporation? The recently released Law Reform Commission Consultation PaperNo. 71 "Conflicts of Interest: Directors and Societies" concludes they should not. The conclusions in the Paper may have a substantial impact on the work that lawyers do for societies. At present, the rules governing . conflicts of interest for directors of societies and corporations are essentially the same. The Society Act has amended the common law to provide that a director who wishes to engage in a business venture with the society of which he or she is a director must fully disclose his or her interest. Theremainingdirectorsmaythen authorize the contract, notwithstanding the conflict of interest. However, if the contract is executed prior to disclosure, only the members of the society can ratify it by special resolution. The Law Reform Commission suggests that while these rules may generally be justifiable in the corporate setting, they may be inappropriate for societies. Societies often are publicly funded. As a result, in the Commission's view, their directors have obligations which extend beyond those of safeguarding the societies' interests: they owe a duty to the public to act with a fair and even hand. This duty is closer to the ethical standards applied to elected officials and public employees than to corporate directors, whose duties are to the corporation. The Commission's recommendation is that there be a prohibition against any transaction involving a conflict of interest, with some very limited exceptions. Specific exceptions would include for example, directors' liabilityinsurance. Other exceptions would allow approval of the transaction by the other direc-

tors after full disclosure, including in cases where the conflict is trivial, cases where the economic benefit to the society far outweighs the need to eliminate the conflict and cases of necessity. In these circumstances, the board of the society would be able to approve the transaction, provided it was fair and reasonable from the society's perspective and met community expectations of fair dealing. Approval might be subject to limitations designed to protect the society's interests. The Commission's suggestions for discussion include making substantial changes to the law governing conflicts of interest of directors of societies. Many lawyers who sit on boards of societies on a volunteer basis are also paid to perform legal services for the society. The Commission's model would generally prohibit this relationship. The directors may, however, authorize it if it fits within one of the specified exceptions. The Commission is seeking input from the profession on its recommendations. Lawyers who sit on boards of societies in particular are encouraged to read the Paper and provide comments to the Commission. Copies may be obtained from the Commission office in Vancouver (660-2366). Another related issue for lawyers who sit on the board of directors

of a society is liability insurance. Lawyers should not assume that they are covered by the Law Society liability policy. Lawyers may not associate the business exclusion in the group compulsory professional liability insurance policy with the work they do both as officers or directors and as lawyers for charitable organizations. "Organization" is defined in the policy as "any business venture, proprietorship, partnership, limited partnership, cooperative, society, syndicate, corporation, or any other legal or commercial entity." It does not matter therefore whether the organization is charitable or for profit. Nor does it matter that the services are rendered pro bono. If the lawyer, his or her relatives

or law firm partners or associates, individually or collectively, own more than 10% of the organization or have effective management control, the legal services the lawyer performs for the organization are not covered. Lawyers who want to maintain the protection of the insurance program for such legal services should confine their activities to such services. Alternatively, if they wish to retain outside directorships or to continue functioning as officers or directors of the organization, they should consult their broker about directors and officers liability insurance.C

New members appointed to judicial council Suzanne Kathleen MacGregor and the Honourable R. Bruce Macfarlane have been appointed to the judicial council of the B.C. provincial court. Suzanne MacGregor, appointed by the B.C. Branch of the Canadian Bar Association, practices in Vancouver and specializes incivillitigation. The Honourable R. Bruce Macfarlane is currently a judge of the provincial court and the newly named president of the

Provincial Court Judges' Association. Both appointments were effective Jan. 1, 1994. The nine-member judicial council, headed by the chief provincial court judge, considers proposals for improving judicial services of the court, oversees continuing education of judges and considers appointments of future judges, justices and court referees. C

Fifteen lawyers named Queen's Counsel Attorney General Colin Gabelmann announced the appointment of fifteen British Columbia lawyers as Queen's Counsel on December 22, 1993. The 15 were jointly recommended by the Chief Justice of the B.C. Court of Appeal, the Chief Justice of the B.C. Supreme Court and Chief Judge of the Provincial Court and by the Law Society of British Columbia. "Each man and woman named is a distinguished and respected member of the Bar and has made a significant contribution to the work of the legal profession in our province," Gabelmann said. Those named Queen's Counsel are:

Thomas Russell Buri: Mr. Buri is a general practitioner in Smithers and a member of the Prince Rupert Bar Association. Murray Alexander Clemens: Mr. Clemens is a counsel involved in commercial litigation. He practises in Vancouver and has been on the Executive Committee of the Vancouver Bar Association, a member of the Provincial Council of the Canadian Bar Association and is active with continuing legal education. ]. Edward Gouge: Mr. Gouge is a commercial counsel who practises in Vancouver. He was recently appointed to the Attorney General's committee for the revision and reform of the rules of court. Gavin H. G. Hume: Mr. Hume is a labour lawyer in private practice and has served as an executive member and chairman of the provincial and national Labour Law Sections of the CBA. He has contributed to numerous seminars for the Continuing Legal Education Society and other organizations. AgnesKristinKrantz: Ms. Krantz is staff counsel with the Legal Service Society of B.C. Called to the Bar in 1972, she was the first

woman to practise in Prince George. She is active in public legal education and the delivery of legal services to the poor.

Linda Ann Loo: Ms. Loo has served for several years as an ad hoc bencher of the Law Society of B.C. and as a director of several community and volunteer organizations. She was formerly counsel to BC Hydro and is now in private practice in Vancouver. Gilles David McKinnon: Mr. McKinnon practises criminal law in the Court of Appeal for both the defence and the Crown. He has also undertaken special research projects for the CBA on the reform of criminal law and the Commission of Inquiry into Policing in B.C. fane Brewin 路Morley: Ms. Morley is a litigator in Victoria, practising mainly in the areas of personal injury, family and employment law. She has been a lecturer at the University of Victoria and is currently a governor of the Law Foundation of British Columbia. Brian M. Neal: Mr. Neal, of Victoria, is the province's deputy attorney general. Before being appointed to his current position, Mr. Neal was assistant deputy attorney general, Legal Services Branch and before that, the branch's chief solicitor. He is a past presidentofthe Government Lawyers Association, and a former chair of the Parks Commission of the District of North Saanich. Ernest (Ernie) ]ames Quantz: Mr. Quantz holds the position of as-

Morley appointed to college of physicians fane Brewin Morley, Q.C., was one of five public representatives appointed to the council of the College of Physicians and Surgeons recently These appointments reflect amended legislation to require that all colleges have one-third public

sistant deputy attorney general, Criminal Justice Branch, with the Ministry of Attorney General. Prior to joining the Criminal Justice Branch as director of operations, he was regional Crown counsel for Vancouver Island.

Bryan F. Ralph: Mr. Ralph has been secretary of the Law Society of B.C. since 1988. He has formerly worked as an assistant professor of law and director of the UBC Legal Clinic and as executive director of the legal aid pro~ gram in B.C. Robert Bruce Selkirk: Mr. Selkirk is in private practice in New Westminster. He is a former bencher with the Law Society of B.C. and past president of the New Westminster Bar Association. Daphne Marguerite Smith: Ms. Smith is in private practice in Kamloops. She is known for her expertise in family law and civil litigation and is a member of the Kamloops Bar Association. She is active in numerous community services. Anne M. Stewart: Ms. Stewart practises corporate / commercial law in Vancouver. She is a member of the Law Society Competency Committee and numerous other Law Society related committees, and is involved in charitable work in Vancouver. Warren T. Wilson: Mr. Wilson is a bencher of the Law Society of B.C. and has been active with the Canadian Bar Association. He is a solicitor practising in Vancouver. C representation. Public representation on the 16-member council increases from two to five with the remaining 11 members elected from the general membership of the College of Physicians and Surgeons. The other appointees include: Rita Bakan, Ph.D., Lena Horswill, Ann Johns and John Lynn. C

a "principal residence"; gay and lesbian couples can own two "principal residences".

; Shelley Bentley

2. Gaysandlesbiansescapethe income attribution rules. While Revenue Canada prohibits the transfer of income from one spouse to another for . the purpose of reducing the taxable income of a spouse with a higher earning power, there is no similar prohibition for lesbians or gay men.

Lesbian and gay partnerships advantaged and disadvantaged by the Income Tax Act

3. Spouses claiming the child tax credit or the GST credit are required to combine their incomes to establish their eligibility. Gay and lesbian partners are not required to combine their incomes in this circumstance.

!!! ~

Claire Young of the UBC Faculty of Law discussed the tax issues surrounding lesbians and gay men. In general, lesbians and gay men are sometimes advantaged and sometimes disadvantaged by the fact they are treated as single people whether or not they are in relationships. Because the Income Tax Act differentiates between people on the basis of the kind and amounts ofincome they have, any change to the system will have a different impact at different levels of the socioeconomic structure. In the result, lesbian and gay partners with good incomes are probably happier with the current situation than they would be to be treated as married partners under the Income Tax Act; gay and lesbian partnerships with less money would be better off under a different structure. Some examples of the current differences between thewaymarried (and nowcommonlaw) partners are treated under the Income Tax Act and the way gays and lesbians are treated include: 1. Two married heterosexual people can own only one home as

4. Child care expenses must be claimed by the partner with the lower income in heterosexual marriages whereas child care expenses may be claimed by any gay and lesbian to whom they relate. However, heterosexual partners are able to deduct the child care expenses for their partner's children. This is not available to lesbian or gay partners because the child must be either the biological or adoptive child of the taxpayer, and lesbians and gay men cannot adopt the biological child of their partner. 5. Heterosexual partners can, but lesbian and gay partners cannot, set up "spousal RRSPs" which permit the spouse to donate money to the RRSP of his or her spouse and thereby lower his or her tax rate upon retirement and generate tax free income. 6. Lesbians and gay men cannot claim a married person's tax credit but are entitled to the "equivalent to married" tax credit withrespect to a dependant child. 7. Heterosexual partners can bequeath capital property tax free on death. Dispositions on death between lesbian and gay partners are taxed as a deemed dispo-

sition. This does not include principal residences. 8. Heterosexual partners are entitled to use each other's medical tax credits for income tax purposes. Lesbian and gay partners cannot. Ms. Young noted that this is particularly ironic because the B.C. Government has recently decreed that a gay man on social assistance is not entitled to social assistance any longer if he has a partner. But, having been disentitled to medical benefits through social assistance, that man cannot take advantage of his partner's medical tax credit. Lesbians and gay men are affected by Revenue Canada decisions in two other ways. Currently, Revenue Canada is refusing to register private pension funds which give benefits to gay and lesbian couples. The way private pension plans work is that if they have Revenue Canada registration, both the contribution of the employee and the contributions of the employer are tax deductible. This benefit cost Canadians $36 Billion in lost revenues in 1989; the value of not taxing pension plans is a further $70 Billion per year. Young argued that lesbians and gay men (and single people) are effectively subsidizing this benefit for heterosexual partners. In a similar vein, Revenue Canada is threatening to de-register employment benefit plans which provide medical and dental plans to partners of employees if those plans provide same sex partnership benefits. It is Young's view that following the Schnactschneider case, the Courts are going to be slow to apply the equality guarantees to the provisions of the Income Tax Act because an income tax scheme is inherently discriminatory. Young's point was that although some of the provisions of the Income Tax Act which are detrimental to lesbians

SectionTalk (continued) and gay men (and in particular the spousal benefits and pension questions) are worthy of challenge, it must be understood that to do so is to buy into the ideology of the heterosexual family. This creates its own problems in fostering progressive attitudes towards rights of lesbians and gay men.

The computer integrated courtroom MadamJusticeProwseofthe B.C. Court of Appeal; Jennifer Jordan, Registrar of the B.C. Court of Appeal; James White of Shapiro Hankinson, Knutson; and Jeffrey Cobb of the Stenograph Corporation addressed the Civil Litigation (Vancouver) Section on their views and experience with the computer integrated courtroom technology involving "real time" court reporting. Court reporter Lori Oxley was present and reported the meeting in "real time" so that members would have a chance to envision the benefits of this new courtroom technology. "Real time" court reporting involves the use of a computer notebook by each counsel and each member of the bench. The transcript shows up on each participant's computer screen as it is being transcribed by the court reporter. This allows all parties to produce immediate transcripts and gives the parties the ability to immediately search past evidence by keyword. The parties also have the ability to make notes in the computer notebook so that key evidence can be tagged for review at a later time. Excerpts from Judge Kenneth K. Stuart's presentation on this topic at the American Bar Association Convention in March, 1993 provided a useful summary of the benefits of a computer integrated courtroom. He commented that computer integration in the courtroom provides partici-

pants with; • abetterunderstandingofthe process; •

a better court record;

• better access for the hearing impaired and the blind; • better language interpretation; • an improved ability to take notes and group them by issue; • improved witness questioning. In Justice Stuart's view the most significant benefit of the computer integrated courtroom is the fact that it gives participants a better understanding of the court process. As counsel, if you are busy taking notes or thinking of your next objection and you miss something the screen is available as a check. As a trial judge, you frequently hear things for which you have no mental reference points. You have not gone through thediscoveryso you have no idea where you are being led. Being able to scroll through the transcript and read over key portions of the text assists judges in making sense of what is before them. Interruptions do not cause participants to lose their train of thought. Most people are better visualleamers than they are learners through the aural process. By hearing something in the courtroom and then by reading it, they have reinforced that material. The computer integrated courtroom makes a better record. Errors can be corrected on the spot. The court reporter is kept more involved in the process and can more easily correct errors because there is no time lag between the trial and the editing process. A printed version of that day's testimony is available within minutes after you are through for the day. This new technology can be used to assist those with perceptual impairments. The transcript can

be placed on an overhead projector for those with hearing impairments and on Braille computer · board to assist those with visual impairments. With this new technology court interpreters have every word available before them on the computer screen and are better able to provide an accurate translation. Note taking and issuing coding are greatly enhanced with such a system. Not only can you take notes and keep them as part of the record in the transcript but you can code the notes and group them by subject for ease of reference later. This is helpful for counsel in preparing closing arguments and for the bench in preparing decisions. This ease of reference can also be used toquestion a witness more effectively. You can easily access the exact words used by a witness to assist in impeaching or" rehabilitating" the witness. Madam Justice Prowse indicated that the Chief Justice had struck a sub-committee to sound out the bench and bar with respect to computerization in the Court of Appeal. The committee is looking for input from both the civil and criminal bar. Any members with questions or comments are encouraged to contact Madam Justice Prowse's office directly. Members of the bar can also approach the Court of Appeal Registry to arrange for their appeal to be argued on a "computerized" basis.

Principle of testamentary freedom Colleen Kovacs discussed the case of Bell v. Roy (1993), 75 B.C.L.R. (2d) 213 (C.A.) in a recent meeting of the Wills and Trusts (Victoria) Section. This case examines the status of the discretion given to the trial judge under section Please turn to page 11

Section Talk (continued rrom page 1o) 2(1) of the Wills Variation Act. It highlights the importance of preparing a Memorandum which accurately sets forth the Testator's reasons for excluding a potential claimant. In Bell v. Roy, the testator, Mrs.

Roy, whose husband had predeceased her, died leaving her estate toonlyone of the three adult children who survived her. One of the two children who were disinherited, Mrs. Bell, contested the will. The son who did not contest had been tried for murder and had caused family upheaval. The daughter who contested had refused to assist with legal costs when asked by her family at the time the brother was charged with murder. This and the fact that the daughter had given birth to a child "out of wedlock" and then "eloped" with her present husband created animosity between the testatorandherdaughter. Thedaughter was in no apparent financial need at trial while the son who was the beneficiary had a history of unemployment. The testator prepared a Wills Variation Act memorandum at

the time that she drew her will which set out her reason for leaving her daughter and son out of the will. On appeal, the Court unanimously upheld the trial judge's ruling that the daughter's claim be dismissed. The Court reviewed the history of the Wills Variation Act and relevant case law and confirmed that a testator can disinherit a child for a good cause and then canvassed whether good cause places a burden on the executor to displace the prima facie right on the part of the disinherited child to share in the estate. The Court concluded that the claimant does have such a burden of proof. And furthermore the duty of the trial judge where no adequate provision has been made for a dependent (and need is not an issue) is to consider all of the evidence of intention permitted under section 2(3) of the Act to determine whether the reasons disclosed are rational and valid. Where the answer to this inquiry supports the will, the court ought to favour those intentions. This case represents a departure from the "reasonable testator" approach and shows that some members of the Court of Appeal favour honouring the principle of testamentary freedom to the

REPORTS AVAILABLE The Legislation and Law Reform Committee has received a copy of the following reports from the B.C. government. Information may be obtained from the source noted or from Ann McLean, B.C.Branch Legislation and Law Reform Officer in Victoria (598-2860) Report Source Report on Recall and Office of the Clerk of Committees Initiative

(356-2933)

Consumer Protection in the Rental Housing Market

Ministry of Housing - Public Affairs (Diane George - 387-3194)

Renewable Energy in British Columbia: An Overview Contaminated Sites Draft Regulation

B.C. Energy Council (David Askew 775-1400) B.C. Environment (Sheila White387-4441)

Conflicts of Interest: Directors and Societies

Law Reform Commission (660-2366)

lAnd-Related Interests and the Personal Praperty Security Act

Law Reform Commission (660-2366)

greatest extent possible within the limits imposed by the Wills Variation Act and the decided case law.[]

Plain language interest group to form Lawyers interested in plain language can pursue that interest by joining a new B.C. Branch Committee. The B.C. Branch Communications Committee has set up a sub-committee on plain language and literacy to pursue recommendations in The Decline and Fall of Gobbledygook: TheReport on Plain Language Documentation, the 1990 report from the

CBA and the Canadian Bankers' Association Joint Committee on Plain Language, and Reading the Legal Word: Literacy and Justice in Canada, the 1992 report of the

CBA Task Force on Literacy. For more information about the plain language committee, call Cheryl Stephens at 739-0443 or FAX 739-0522. []

Western Canada Moot Competition The UBC Faculty of Law at is hosting the Western Canada Moot competition involving law schools in B.C., Alberta, Sask. and Manitoba. The teams will be mooting a criminal trial before Mr. Justice David Vickers of the Supreme Court of B.C. on the following dates: Thursday, March 10: Alberta vs. Saskatchewan; Friday, March 11: UBC vs. Manitoba; and Saturday, March 12: Victoria vs. Calgary. The competition takes place in the Moot Court Room (Room 176) from 9:30 a.m. to noon and from 1:30 p.m. to 4:00 p.m. each day in the Curtis Law Building at UBC. Members of the public are welcome, especially members of the legal profession. The faculty thanks the law firm of MacKenzie Fujisawa Brewer Stevenson Koenig for its assistance in hosting this event. []

Your Registry questions answered Rule 60B (11)

Q: Could you explain both the policy and procedure behind Rule 60B(ll)?

A: The Rule reads as follows: Rule 60B(11): "Unless the Registrar grants leave to file one at some other time during the proceeding, the Petitioner shall file a Certificate of the Marriage or a certified copy of the Registration of the Marriage, before a Petition for Divorce is issued. "

The preferred practice is to have the Marriage Certificate or certified copy of the Registration of Marriage filed with the Petition. This insures that the particulars of marriage and identification of the parties are correct. Any incorrect information can substantially delay the application. If the Marriage Certificate or certified copy of the Registration 路 of Marriage is not available, counsel should write a letter directed to the Deputy District Registrar giving their Undertaking to provide the Marriage Certificate or certified copy of the Registration of Marriage immediately upon receipt and set out the reason for seeking leave. Offers to Settle Rule 37(11)

Q: What is a solicitor's responsibility under Rule 37 (11), Offers to Settle?

A: This new Rule provides that no statement of the fact that on Offer to Settle has been made shall be disclosed to the Court, or set forth in any document used in the proceedings until all questions of liability, and of the relief to be granted, other than costs, have been determined. In order for the registry to identify material which falls within this rule, a solicitor must ensure that any documents filed or submitted for entry which relate to an Offer to Settle are accompanied by a praecipe specifying that the material relates to Rule 37. For their part, registry staff must ensure that no material which indicates that an Offer to Settle has been made is contained in the court file unless the action has been settled or otherwise concluded. Registry staff must watch for a Praecipe indicating that an offer is made pursuant to Rule 37(11). In a wars t case scenario, a judge who learns that an Offer to Settle has been made may declare a mistrial. With respect to money paid in prior to April1, 1993, under the previous Rule, the following should be sent to the cashier and not kept in the Court file: 1. Consent to Payment Out filed without a Consent Dismissal Order or final Order (this will be by Praecipe); 2. Consent Order for Payment Out filed without a Consent Dismissal Order or final Order; 3. Application for Payment Out (likely pursuant to Rule 37(19) or 37(39);

by JoannePawer, Manager Registrar Programs

4. Notice of Acceptance of Money Paid into Court; 5. Money Paid into Court pursuant to Rule 37 umdTitle Act

Q What does uoffi.ce copy" mean as used in Section 245 of the Land Title Act?

The commonly accepted definition of "office copy" is a copy issued by the registry, bearing a stamp showing the date and name of the registry. This is cons is tent with the definition of" office copy" set out in Tristam and Coates Probate Practice (page 493). The only charge made by the court registry for an "office copy" is photocopying at $.30 per page.

Court Order Enforcement Act

Q: How do you calculate the Canadian rate of exchange on a foreign currency judgment being registered in our court?

A: Section 33 of the Court Order Enforcement Act:

"Where a judgment sought to be registered under this Part makes payable money expressed in a currency other than the currency of Canada, the register shall determine the equivalent of that sum in the currency of Canada on the basis of the rate of exchange prevailing at the date of the judgment in the original court, as ascertained from any branch of any chartered bank; and the registrar shall certify on the order for registration the sum determined expressed in the currency of Canada; and, on its registration, the judgment shall be a judgment for the sum certified." Request an affidavit from the plaintiff as to the exchange rate and the amount due and owing in Canadian currency as of the date of the entry of the original judgment in the foreign country. The exchange rate used should be the banker's rate to buy foreign currency. Rule 57

Q: When a solicitor is retained on a contingent fee agreement the fees due by the client are fixed as a percentage of the amount awarded by the court. If the client is awarded costs as well, is the client limited to claiming as party/party costs the ceiling set by the amount of the contingency fee?

A: Yes. A party is not entitled to recover more on an award for party I party costs than he was obliged to pay his solicitor. The principle has recently be restated in a decision of Master Powers, Zsigmond v. Sabulsky (unreported) Kamloops Registry No.17638. If you have any interesting or unusual questions, please write directly to Joanne Power, manager registrar programs, Law Courts, 850 Burdett Ave., Victoria V6W 1B5. []

Gender equality, notaries, Clayoquot appeals debated by Council

At the December 4, 1993 meeting of Council, a wide-range of topics including the Wilson Report on Gender Equality, Notaries, Clayoquot appeal proceedings and B.C. Branch public affairs were discussed.

can go forward by consent; those that would be debated at Jasper, and, those to be tabled for future discussion.

Gender Equality Implementation:

There was vigorous debate from Council members regarding this approach to the recommendations and the following resolution was approved:

Ted Hughes, Q.C., a member of the national CBA Gender Equality Implementation Committee, participated in a special panel comprised of Kathryn Berge, Paul Scambler and Alec Robertson, Q.C. The Panel dis-

That the National Mid-Winter Committee give utmost priority to the issue of the gender equality report and that sufficient time be allawed at the meeting to discuss all recommendations contained in the report, and where necessary, debated.

As well, the following resolutions were also approved in relation to the Gender Equality report:

Council members focused on issues raised in the Wilson Repart on Gender Bias. Participating in the panel were (left to right) Knthryn Berge, co-chair .of the B.C. Branch Gender Equality Implementation Committee; E.N. (Ted) Hughes, Q.C., member of the National CBA Gender Equality Implementation Committee; Alec Robertson, Q.C., member of the National CBA Gender Equality Task Force; and Paul Scambler, co-chair of the B.C. Branch Gender Equality Implementation Committee.

cussed a number of local and national issues concerning the Wilson report on Gender Equality. Berge and Scambler cochair the B.C. Branch Gender Equality Committee and Robertson was a member of the Wilson Task Force on Gender Equality. Hughes reported to Council that the Wilson Report's recommendations would be broken down into three categories for the Jasper Mid-Winter Meeting. These three categories would be those recommendations that

That the Provincial Council recommend to the CBA that a member of the B.C. Lesbian and Gay Rights Section be appointed to the National CBA Committee on Gender Issues.

(See sidebar on page 14 for recent update.) That the CBA take immediate steps to introduce a non-practising category of CBA membership with a reduced fee with "non-practising" defined as in the relevant B.C. statute or Law Society of B.C. ruling.

The B.C. Branch Gender Equality Committee planned and held two meetings to discuss the report and issued a special bulletin for member's information.

As well, members have provided comments directly to the Committee. Many of the B.C. Branch Sections have commented on specific recommendations contained within the report. The B.C. Branch Committee sincerely thanks everyone who has participated and assisted in this process in preparation for the debate on the report at Jasper. Various other comments from Council members included the need to focus on broader issues raised in the report in addition to gender rights; applicability of the recommendations to small firms; the misconceptions of the recommendation of "equal pay for less work/' and "backlash" within the profession to the report. Brian Neal, Assistant Deputy Minister, outlined recent government initiatives including pay equity, employment equity, workplace harassment policies, training and education that have been developed in a large part as a result of the Law Sod-路 ety of B.C.'s gender equality report. He noted that programs include developing employment equity action plans and increased representation of women in senior positions in the Ministry. Dean Lynn Smith of the UBC Law Faculty reported that they have set up several committees to deal with gender issues. She noted that 25% of the faculty is female, up from 11% a few years ago; 50% of the students are female and that only about 1 in 10 applicants to law school are now being accepted. She reported on the increased difficulty in arranging articling positions and noted that Professor Bob Reid at the faculty is tackling this problem. Please turn to page 14

Council highlights (continued from page 13)

CBA intervention in Clayoquot appeals proceedings Rolfe Home, vice-chair of the Criminal Justice (Victoria) Section, brought forward a resolution to have the Provincial Council recommend that the CBA intervene in the appeal proceedings styled MacMillan Bloedel Ltd. v. Simpson et al. He pointed out the denied adjournments in many of the cases and the fact that some accused had not been represented by counsel. J.J. Camp, past-president of the CBA, outlined the cases in which the CBA had intervened in the past. Council members questioned what, if anything, the CBA could add to the appeal proceedings that hasn't been or couldn't be advanced by the parties on the appeal. Several Council members spoke on behalf of the resolution. After discussion, the resolution was defeated.

Notaries panel identifies issues for Council Jeff Scouten introduced Jane Purdie, Catherine Greenan, Ted Strocel, John Pringle and Greg Steele. A panel member said that the status quo was no longer acceptable and that in these difficult economic times, some notaries may be taking on work beyond their experience or legislated jurisdiction which places the public at risk. It was also noted that the lack of training in associated legal fields often prevents notaries from advising clients in their restricted areas of practice because they simply do not have the legal training. At issue is the basic competency of notaries to provide even basic legal services.

Another panel member criticized

The workshop will be held on March 19, 1994 from 10:00 a.m. to 4:00 p.m. at the UBC Women's Resources Centre, 1-1144Robson St., Vancouver V6E 1B2. The workshop is $85 and pre-registration is required by calling 6812910. Workshop leaders are Mark Hicken and Susan Curtis. The first half of the day is devoted to the assessment of individual skills and values both generally and as acquired in law school and legal practice. We then as-

Public affairs position Council authorized the Executive to hire a part-time, contract Public Affairs Officer to June 1994. The Officer will assist with current demands to develop and implement public affairs programs and to assist in responding to current issues in a timely and coordinated manner. C

Liaison position to gender equality committee established The National CBA Gender Equality Implementation Committee has invited the B.C. Branch Lesbian and Gay Rights Section to nominate a liaison person to the Committee. The Section has appointed barbara findlay of Smith and Hughes to act as the liaison person. As well, Oaire Young, co-chair of the Section, will join the B.C. Branch Gender Equality Committee. C

What can you do with a law degree? This one day workshop is intended to provide law graduates with the information necessary to enable them to assess theirs uitability for a career alternative outside the traditional employment areas of law practice in a firm or as a sole practitioner.

Council on lack of action on this issue and agreed with other panelists on the issue of competency. Greg Steele referred to the changes in the new Adult Guardianship Ad and pointed out that there may be some complex legal issues involved that should not be handled by notaries. [Editor's Note: The CBA has recently learned that the AG is not prepared to support legislative changes forwarded by the Notaries Society to expand Notaries' practice areas or numbers.]

sess those skills and values as applied to individual career choices and discuss the transferability to careers outside the traditional practice of law. The second half of the day explores career options outside conventional legal practice. Guest speakers discuss their experience in business, politics, journalism, govemmentandotherfields. We review the wealth of areas in which law graduates are currently using their degrees, and address the practical problems related to changing careers. Participants are provided with an extensive bibliography of resource material relating to career changes both generally and specifically in the legal field. C

Directory Directions Did you know that you can save thousands of dollars on a car purchase when you use your CBA (B.C. Branch) Members Services agent, ProGroup Sales and Leasing Inc? See page 28 of your Directory or call270-4466 for details.

Practice Advisory Panels Young lawyers can access the expertise and experience of senior lawyers who volunteer for the B.C. Branch Practice Advisory Panels. Refer to Page 27 of your Directory for a list of participants. Panel participants encourage junior members to call with difficult practice issues but would like to remind junior lawyers that this advisory doesn't replace your basic case research! C

Tips on complying with the new Workers' Compensation Act amendments Norman K Trerise of Russell & DuMoulin addressed members of the Vancouver Board of Trade recently and provided the following information on recent amendments to the Workers' CompensationAct and its effect on small business in particular. New provisions of the Act: • All workers, including those in law offices, are now covered under the Act. • Law firms are obliged toregisterwith WCB (ask for Form 1800). However, independent operators and employers (i.e., partners) may request application for personal optional protection (Form 1801). Failure to register can result • in a substantial penalty assessment if an employee is injured at work. Compliance with the Act: Employers under Section 38 of the Act are required to: • keep complete and accurate payroll records • furnish as required by regulation an estimate of the probable amount of the payroll • furnish certified copies of the payroll annually. Under Section 40 of the Act, changes to note include: • employers must remit the amount of your assessment based on classification codes established by WCB • assessments can be collectable as a judgment of the Court • WCB has the power to restrain employers from carrying on business • employers should establish an appropriate claims management procedure. Compliance with the Industrial Safety and Health Regulations Employers should identify applicable provisions and establish a compliance program by reference to the Industrial First Aid Regulations.

(As Mr. Trerise's presentation was to a variety of employer classifications, all of the following activities may not apply to law firms. Y au can ascertain the type of compliance program you should. implement by contacting the WCB directly.)

A compliance program for an employer with a small number of employees might include: • holding regular monthly meetings to discuss health and safety matters • correcting unsafe conditions and practices • maintaining cooperative interest in safety • maintaining a record of the meetings. Employers with a large number of employees would take into consideration the following activities for an industrial and safety program: • develop a policy statement • hold regular inspections of premises • provide supplementary instructions • hold management meetings to review health and safety activities • investigate accidents • maintain records and statistics CoMMUNICATIONS .TIP

•

establishanindustrialhealth and safety committee • instruct workers Under Section 8 of the Industrial Health and Safety Regulations, employers are required to ensure that premises are safe for their workers. Machinery and equipment must be safe and physical premises must be capable of withstanding pressures. The employer is obligated to regularly inspect and ensure adequate direction and instruction of workers. Under Section 8.24 of the Regulations, workers can refuse to carry out work which gives them reasonable cause to believe doing so would create an undue hazard to the health or safety of any person. Should an inspection occur, noncompliance of the Regulations can result in a written Order or a penalty assessment. Inspectors also have the authority to close down an operation. However, law firms should not let unwarranted penalties go unchallenged. A special thank you is extended to Norman Trerise of Russell DuMoulin for providing this information. [J

The 7 shabby service sins

In the '80s it was excellence. Now that it's the '90s, the buzzword is service. To ensure that your organization is not committing shabby service sins,listen to what your office staff say and watch how they act. How to spot them: Apathy Adherents: Their attitude says, "I'm doing my job because I'm here." Brush-off Barkers: "This isn't my department." Shoulder Shruggers: "You're the only one who complained." Condescending Clods: "Now, Mr. Thomas, you know you used the wrong form and made lots of extra work for us." Rigid Robots: A fixed smile and

a fixed message. "Thank you. Have a nice day. Next." Rabid Rule-Bookers: "I agree that it makes sense to do what you ask, but our rules won't allow it." Rankling Run-arounds: "Phase I: "I'll connect you with Departmerit A." Phase II: "I don't know why they connected you to this department. Department B handles that." Phase III: "You'll have to talk to someone in Department A about that." If your employees commit these sins, retrain them. Your firm's reputation may depend on it. [J Source: CommunicationsBriefings

(

ADR in action in Canada The CBA is sponsoring a Symposium in Vancouver on March 11 and 12, 1994 to showcase many successful examples of alternate dispute resolution in action today. The Symposium is for practitioners, judges, educators and government officials who have already heard all the .arguments and are ready and eager to provide education in, to recommend and to use these new forms of dispute resolution in appropriate circumstances. This Symposium will provide practical tips and hints from •

judges who are using innovative court procedures to assist settlement;

•

solicitors who are incorporating dispute resolution clauses into contracts;

•

counsel representing their clients in these proceedings;

•

organizations providing administrative support services to these processes;

•

"neutrals" - the facilitators, mediators and arbitrators providing services to our clients.

Speakers on the first day will describe actual ADR processes being used in Canada today. Panel discussions will focus on public sector disputes, ADR assisted litigation, conflict in sensitive relationships, commercial disputes and criminal law matters. On the second day, a series of concurrent workshops will permit discussion of practical issues of particular interest to the various sectors of our legal community. The workshops will report at a plenary session at the end of the day with recommendations to assist in the increased use of alternate dispute resolution processes in the Canadian legal system. Complete details of the Syrn-

posium will be mailed to all CBA members. Registration fees are $495 +GST for regular CBA members and $445 + GST for CBA members with less than 5 years call. For further information, contact the National CBA office at (613) 237-2925. []

Canadian Disability Rights Council

voice/TDD: (204) 943-4787 or FAX: (204) 949-1223. []

Dates to Note Feb. 19, 1994 B.C. Branch Prauincial Council Jasper, Alberta Feb. 20-22, 1994 National Mid-Winter Meeting

Jasper, Alberta The Canadian Disability Rights Council (CDRC) is a coalition of 37 member organizations and numerous individuals who are committed to advancing the equality rights of people with disabilities. The main goal of the CDRC is to achieve the equality rights of people with disabilities through litigation, research, legal education and law reform. The national Legal Committee oversees the selection of test cases, legal research, and law reform initiatives that will advance the rights of people with disabilities. Ongoing cases indude issues of television captioning for the deaf and hard of hearing and defining "affirmative action" under the Canadian Human Rights Act. Legislative reform projects include: Criminal Code of Canada, the Broadcast Act and Access to Information Act. Legal research and case development topics include: sheltered workshops, employ- · ment equity and access to medical services. The CDRC is collecting information on these and other areas as well as compiling a list of human rights lawyers and Canadian lawyers with disabilities. For further information contact Priti Shah, staff lawyer, Canadian Disabilities Rights Council, 208-428 Portage Ave., Winnipeg, Manitoba R3C OE2 Phone

Feb. 26-27, 1994 Kootenay Bar Meeting

Fairmont Hot Springs April16, 1994 Provincial Council, Vancouver BarTalk is published by the British Columbia Branch of the Canadian Bar Association, lOth Floor - 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: (604) 687-3404 FAX: 669-9601 Editor: Lany Hnetka, Communications Director 687-3404 Legislation and Law Reform Officer: Ann McLean (Victoria)

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The B.C. Branch of the Canadian Bar Association represents over 7,500 lawyers within British Columbia. The B.C. Branch is dedicated to improve and promote access to justice, to review legislation, initiate law reform measures and advance and improve the administration of justice. On behalf of the profession, the B.C. Branch works to improve and promote knowledge, skills, ethical standards and well-being of members of the legal profession and promotes the interests of its members. C