BarTalk | February 1993

Tax struck down as unconstitutional

NEWSLETTER OF THE CANADIAN BAR ASSOCIATION, On February 26, 1993, the B.C. B.C. BRANCH Supreme Court struck down the six per cent social services tax on legal services as unconstitutional. Mr. Justice Kenneth Lysyk found the wording of amendments to the Social Services Tax Act vague and said they offended section 7 of the CharFeb. 1993 ter of Rights (liberty of the person).

"This tax on consumers of legal services has been a burden

Clark announced his intention to reintroduce the legislation and to make the social services tax apply retroactively. The CBA (B.C. Branch) and the Law Society of B.C. strongly oppose the reintroduction of the tax in any form. 0

since it came into effect on June 1, 1992," said CBA (B.C. Branch) president Rob Gourlay.

"Affordable legal services are a necessity, not a luxury. We challenged the tax because it was unfair."

Lawyers have been required to collect the tax from clients on fees and disbursements.

A bulletin is included with this issue of BarTalk to provide you with additional infonnation on the court challenge.

In a March 1, 1993 media release, Minister of Finance Glen

President's Messag~

Strength of membership accomplishes common goals VOLUME 5 Lawyers and their clients across British Columbia have good NUMBER 2 reason to be pleased with the recent court decision striking

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down the government's six per cent Social Services tax on legal services.

At the urging of Provincial Council in April, 1992, we sought legal advice and instituted the court challenge on the basis of that advice, and on the initiative of Wendy Baker, our Branch president at that time.

Our members showed their support by contributing some $50,000 to fund the challenge.

We had three reasons for fighting the tax: 1) The tax was unfair to consumers of legal services, imposing a further burden (on top of the seven per cent GST) in the way of people who require essential services;

Winter Convention ............ 13

2) The tax was selective, unfairly singling out legal services for taxation; and

Council Highlights ....... 14/1 5

3) The tax was costly for lawyers to administer.

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Rob

Gourl~y

B.C.Branch President 1992/93

By working on behalf of our 7,500 members, in conjunction with the Law Society of B.C., we were able to defeat this legislation.

The government now says it intends to introduce a revised Social Services tax but at the very least, the new legislation will exempt all legal services which are performed at any time before April1, 1993 and which are billed after February 25.

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CBA intervenes in Elizabeth Symes' Supreme Court of Canada case The Canadian Bar Association has been granted leave to intervene in the case of Elizabeth Symes v. Her Majesty the Queen which was heard on March 2, 1993.

Ms. Symes is a Toronto lawyer who is claiming that her childcare expenses should be fully tax deductible as business expenses. She first began her action at the Federal Court where she won. However, it was taken to the Federal Court of Appeal where she lost.

The CBA intervened in her case arguing that childcare expenses should not be interpreted by the Court to be personal expenditures. CBA president, Paule Gauthier, P.C., O.C., Q.C., provided the affidavit of the intervener. Relying on s.15 of the Charter, the CBA argues that the current law violates equality protection for women as provided in the Charter and that many women drop out of the legal profession as a result of the unfairness of the tax rules.

"The outcome of this appeal will have broad implications for the development of jurisprudence under s.15 of the Charter related to the impact of child rearing responsibilities on the ability of women to be full and equal participants in the work force," notes CBA President Paule Gauthier.

Ms. Symes' case will be argued

by Mary Eberts of Tory, Tory, Des Lauriers, and Binnington.

The intervention will be argued

by J.J. Camp of Ladner Downs in Vancouver, and Patricia Wilson of Osler, Hoskins, and Harcourt in Ottawa .

The CBA (B .C. Branch) is also participating in this cause. Ms. Symes is corning to speak at Winter Convention '93 in Kelowna. The case fits in nicely with the theme of the conven-

tion and particularly the Gender Equality Panel. Three of the key players in Symes v. Her Majesty the Queen Supreme Court Challenge, Paule Gauthier, J.J. Camp, an.d Mary Eberts, will be speaking at the convention.

Further fundraising efforts are to be held in Vancouver on March 29, 1993, at the Law Courts Inn at the Vancouver

Law Courts at 5:30p.m. Tickets will be sold and members are encouraged to attend.

For those unable to attend Kelowna or Vancouver, your generous donation is appreciated.

Please make cheques payable to the Canadian Bar Association.

For further information, please contact Catherine Sas (tel: 6895444 and FAX: 689-5666) C

President's Message (continued from page 1) Of course we will be doing everything we can to oppose this new tax and we will keep you informed of our efforts.

In the wake of the victory, I have been thinking how fortunate we are as lawyers here in B.C., to have the strength that a large membership affords, and to be able to call on that collective energy to accomplish a common goal.

We don't all agree on many issues, but we do manage to work together in many directions and it is useful occasionally to step back and take a look at what it is we are able to accomplish as a group.

Our 53 provincial sections are the backbone of our organization, with 4,600 members involved in their activities.

Throughout the year, the sections promote the professional development of their members through their varied programs.

And it is through the sections, together with the B.C. Branch's Legislation and Law Reform Committee, that the Branch is able to identify areas for law reform and assist the government with constructive and informed review of both proposed and introduced legislation. The Branch's Legislation and Law

Reform officer is in regular contact with representatives of government, the Law Reform Commission, and the sections, so that as lawyers we can provide the government with the benefit of our knowledge and experience in an effective and coordinated way.

Once a year the Branch organizes a Winter Convention where first rate legal education programs, and a full social calendar for members and families combine to provide a terrific opportunity for us to meet with our colleagues, learn something of value and have a good time.

This year we're meeting in Kelowna at the new Grand Okanagan Resort - it will be a great chance for lawyers from different parts of the province to get to know each other better. If you haven't already registered, the dates are March 25 to 28, so book now.

Because of the size of our membership we are able to provide, through the Branch's Member Services program, valuable benefits to individual members and at the same time earn substantial revenue for the Branch through product endorsements.

The fifth annual edition of the

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Shelley Bentley

Advice to lawyers on how to recognize an expropriation Bruce Melville of Melville and Yeung addressed Vancouver, Real Property Section members recently on the topic of how to recognize an expropriation. He cautioned that unless a lawyer recognizes at an early stage when a client is facing an expropriation the client may well lose the benefit of the statu tory protection that the legislation affords.

Strictly speaking, an "expropriation" could be defined as the exercise of a statutory power to acquire property without the consent of the owner. However, for the purposes of this discussion, it is more revealing to consider the broader definition that includes any acquisition of property by a party which has the power to expropriatethatproperty, whether or not the statutory process is actually invoked.

Powers of Expropriation are contained in many different statutes.

The (B.C.) Expropriation Act does not create the power to expropriate but governs the procedure and the owner's right to compensation. Common examples of bodies having powers to expropriate include: +B.C. Hydro, for dams, reservoirs and electric transmission lines;

+Municipalities, for roads, parks, water, sewer, dykes and drainage facilities; +Ministry of Transportation and Highways, for public highways; bridges and 'support facilities; +privately owned utilities; +railways; +Federal Crown, for airports or national parks; +Provincial Crown.

Each of these bodies is given the power to expropriate by legisl~­ tion. It is the existence of thts power to expropriate which tells a lawyer that his or her client has an expropriation matter.

The power to expropriate is generally gran ted in connection with the construction of public facilities, although not always. Some legislation provides for expropriation in a number of situations where no public facilities are involved, for example the Water Act and Forest Act. The power to expropriate is usually granted by statute for specific purposes only.

Generally speaking, the power granted cannot be used for every acquisition by that party.

The nature of the acquisition does not provide much of a clue as to whether the acquisition is an expropriation. The expropriation can involve a fee simple acquisition of all of the owner's property or just part of it, for example, a statutory right of way, a lease or a profit a prendre.

Once the formal process of expropriation commences the owner and the owner's Ia wyer should nothaveanydoubtsaboutit. The owner will have been served with a notice to this effect and is clearly entitled to the protection of the Expropriation Act. The more common situation, however, and the one where the existence of an expropriation and the concomitantprotections are not easily recognized, is where the taker approaches the owner to discuss a

"voluntary" sale. If the owner negotiatesasaleagreementwithout the benefit of appropriate legal advice, he or she will probably not receive full compensation. The owner may also not be willing to sell but for the belief that the taker has the power to expropriate and the ability to force the issue if the owner does not cooperate. This is not always correct, so the owner would benefit from legal advice on this issue.

It is a commonly held belief that

the government will look out for the best interests of an owner. As such, many owners are too trusting of government offers to purchase, particularly where the offer is supported by an appraisal provided by the taker's agent.

Unfortunately, appraisal is an art not a science and two appraisers can have widely diverging opinions of value on the same property. Most government agencies have a knack for finding the appraisers who will give them the lowest values, justaslawyersrepresenting owners have a knack for finding appraisers who produce the highest values.

A problem which occurs fairly frequently is that of the "property negotiator" who offers to negotiate a deal on behalf of the owner. If the "negotiator" is a real tor, the owner will be required to pay the realtors commission on closing out of the sale proceeds. If the deal had been negotiated by a lawyer instead, the owner would have been able to recover reasonable legal and appraisal fees in addition to the sale price.

Chairman discusses new mandate under the new Labour Relations Code Stan Lanyon, chairman of the Labour Relations Board, led the

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SectionTalk (continued) discussion among recently assembled Labour Law Section members with an overview of how the new Labour Relations Board intends to carry out its mandate under the new Labour Relations Code.

The new B.C. Labour Relations Code except Sections 53, 54, 83, 86, 87, 104 and 105 came into force by Regulation on Jan. 18, 1993. Sections 53 and 54 will come into force on May 1, 1993.

The Industrial Relations Act was repealed on Jan. 18, 1993 except Sections 72 to 78, inclusive, 95 and 96. Sections 74 to 78, inclusive, are repealed as of May 1, 路 1993.

The Labour Relations Board intends to work with a team approachand has implemented regular weekly policy meetings. The Board has adopted a careful approach to deliberation with due consideration to each Vice-Chair's autonomy over decision making.

They are busy with transitional work to make the shift from the days of the Industrial Relations Council and to deal with the new legislation. The struggle to meet budgetary constraints has been a real concern requiring lay-offs of clerical staff, which has in tum placed increased internal demands on the Board's structure.

Lanyon then outlined the direction for the future of the Board.

The first general issue to consider is what needs to beputin place to make collective bargaining a more viable system of labour relations.

In Lanyon's opinion, industrial relations in the province must move from managers simply managing and unions simply policing collective agreements.

The many changes in technology and business methods over the years require new ideas and new approaches and more cooperation. Business and labour have seen globalization, privatization and deregulation's impact on in-

dustrial relations. Disputes have taken the shape of decertification initiatives, more contracting out by employers and the general development of a parallel nonunion system driven by the fact that many employers do not perceive themselves as able to operate on a union basis. The perception by many employers thatthey are fighting hard just trying to survive, in itself leads to problems which shape the disputes we are facing under the current adversarial model of industrial relations.

The futtJ.re role of the Board is to provide support through the mediation and adjudication branches to bring about some mid-contract processes to meet the pressures of the '90s business climate.

The new legislative provisions under the Code provide for adjustment plans and joint consultation committees and an opportunity for the parties to develop a new process to deal with the issues outside the traditional collective bargaining model . Collective bargaining is not just about wages any more.

Lanyon believes that employers and unions have to put together a process to deal with issues head on, where the union has a real voice. The trade off may be for the employer to acquire more productivity and flexibility.

On the adjudication side, the Board has to look at methods of how to adjudicate more quickly and how to facilitate self-government and to enhance the viability of collective bargaining. The viability of collective bargaining as we know it depends on everyone's ability to adapt. Part of the problem has been that the parties do not recognize that they have to change. Thisisthemessagewhich the Chairman has been taking to both employers and unions.

New Freedom of Information and Privacy legislation expected to be tabled with respect to local government David Loukidelis and Bob SeemanspoketoMunicipal Law Section members about the freedom of information and privacy legislation expected to be tabled in April, 1993 with respect to local government. Bill SO, which applies to the Province and provincial agencies and crown corporations was proclaimed effective October, 1992. Loukidelis and Seeman expressed the view that the forthcoming legislation is likely to be similar in structure to Bill

so.

The legislation will include an immunity from liability which will arise due to disclosure where information is disclosed in good faith. It is likely also to include an affirmative duty to disclose information respecting certain hazardous situations. Exemptions from disclosure in respect of law enforcement matters and active property negotiations, amongst others, will be included. There will be an affirmative obligation on a local government to assist applicants in obtaining the information which they seek. This will be pertinent in cases where applicants have, through inadvertence or ignorance, misnamed the information which the seek.

The legislation will require local government entities to delegate the position of "head" to a committee of council or staff member.

The head would be responsible for responding to requests for information within thirty days, and responsible to provide reasons for any refusals to meet a request. Appeals will lie to the Information and Privacy Commissioner who will be appointed to a single six year term.

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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.

ACTS IN FORCE

Ann McLean

Attorney General Statutes Amendment Act (No.2), Statute Revision Miscellaneous Amendment Act, 1992, S.B.C. 1992, c.SS, First Reading Bill Number 45, amends the (a) Interpretation Act, R.S.B.C. 1979, c.206, inter alia clarifying s.28(2), to provide that gender specific terms include both genders and corporations and adding to s.29 that "must" is to be construed as imperative, and (b) Unclaimed Money Act, R.S.B.C. 1979, c.418, repealing s.3 and the Schedule, andrequiring the Comptroller General to keep a record of unclaimed money deposits, but deleting the requirement for a hard copy register. 路 sections 5- 7 of the Act (Interpretation) in force January 22, 1993; sections 26- 28 of the Act (Unclaim拢d Money) in force April1, 1993.

Attorney General Statutes Amendment Act, 1992, S.B.C. 1992, c.31, First Reading Bill Number 37, amends the (a) Court of Appeal Act, S.B.C. 1982, c.7, consolidating and clarifying the provisions dealing with leave to appeal to the Court of Appeal, (b) International Sale of Goods Act, S.B.C. 1990, c.20, deleting the reservation of Article 1(1)(b), so that the United Nations Convention on Contracts for the International Sale of Goods applies where the rules of private international law lead to the application of the law of the contracting state, and (c) Sheriff Act, R.S.B.C. 1979, c.386, clarifying that a bailiff appointed under s.2.1(1) may not execute orders for the arrest of individuals. sections 2- 5 of the Act (Court of Appeal) in force January 28, 1993; section 13 of the Act (International Sale of Goods) and 19 of the Act (Sheriff> in force February 1, 1993

1992, S.B.C. 1992, c.32, First Reading Bill Number 58, amends the Land Title Act, R.S.B.C. 1979, c.219, inter alia authorizing the registrar to make and monitor an official record of filed instruments and documents consisting of an original and duplicate and providing that a copy of either the original or duplicate certified by the registrar as a true copy is admissible in court to the same extent as the original, amending the requirements respecting subdivision and reference plans and allowing the registrar to convert an absolute fee into an indefeasible fee without an application from the owner. section 8- 14 of the Act in force February 1, 1993

Community Care Facility Amendment Act, 1990, S.B.C. 1990, c.37 amends the Community Care Facility Act, R.S.B.C. 1979, c.57, removing the provisions referring to the Provincial Child Care Facilities Board and the Provincial Adult Care Facilities Licensing Board and providing authority to medical health officers, the director of licensing and the variance committee appointed by the minister.

The director has the power to vary, suspend or cancel a licence or interim permit to operate a community care facility. The minister may appoint an administrator to operate a community care facility where the health or safety of persons cared for is at risk. The Community Care Facility Appeal Board is established to hear appeals from decisions made by the minister, the director, a medical health officer or a variance committee panel.

Act, except section 11 (e), in force April 1, 1993 [section 11 (e) was brought into force September 27, 1990]

Pension Benefits Standards Act, S.B.C. 1991, c.lS, provides that a plan must not differentiate on the basis of sex, as to rates or amounts of contributions, pensions, annuities, or benefits, or options as to pensions, annuities or benefits, and permits the use of a prescribed method of calculation or a uni-

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Legislative Update (continued) sex mortality table to enable compliance. sections 24(2)(a),(b) and (c) and (3)(a) and (b) of the Act in fo rce April1, 1993. Plea se note: a summary of the in force dates of the provisions of the A ct w as provided tn the January, 1993 issue of BarTalk.

REGULATIONS TO NOTE Labour Relations Code, B.C. Reg. 247/87 the Industrial Relations (Voting) Regulation is repealed and B.C. Reg. 7/93, the Labour Relations Regulation is made, providing for applications to the Labour Relations Board, trade union membership evidence and voting procedures as directed by the Board or minister or during a strike or lockout. (Please note: B.C. Reg. 59/93 makes a housekeeping amendment to this Regulation). effective January 18, 1993

Coal Act, B.C. Reg. 555/79, the Coal Act Regulations is repealed and B.C. Reg. 19/93, the Coal Regulation is made, providing for the administrative requirements relating to the exploration, development and production of coal deposits. effective January 22, 1993

Waste Management Act, B.C, Reg. 53/93, the Ozone Depleting Substances Regulation is made, restricting the release of ozone depleting substances into the environment, restricting access to ozone depleting substances for servicing of equipment, providing that only approved persons may service air conditioning or refrigeration equipment, regulating the service of equipment, regulating the use of refrigeration and air conditioning servicing equipment and restricting the ownership, sale, service and disposal of fire extinguishing equipment. Limitations on sterilants, foams and solvents will come into effect over time. effective February 23, 1993, however the effective dates of some provisions vary

Parole Act, B.C. Reg. 181/91 is repealed and B.C. Reg. 61/93, the Parole Act Regulation is made, expanding the criteria for appointment to the Board and certain procedural provisions, deleting the provision which had allowed an inmate early parole where he or she had completed a program recommended by the sentencing court or had satisfied specified objectives of the sentence as stated by the court, and adding provisions dealing with an inmate whose case is reviewed under the Corrections and Conditional Release Act (Canada) . effective February 25, 1993

Court Rules A ct, B.C. Reg. 221/90, the Supreme Court Rules are amended inter alia as to (a) Rule 1, expanding the definition of "parties of record", to include those who file a third party notice, (b) Rule 2(5)(e); 7(3); 11(3); 18(5); 39(32), (33) and (34); 41(8), (15)(b) and (20); 42(30)(e), (31) and (32)(d); 48(9)(d), 52(4) and (5); 60B(46); and 61(21), which contained the word "appear". The word "attend" has been substituted for "appear" where ''being present" was meant and where "appear'' meant filing an appearance, this phrase is used, (c) Rule 3(6), providing that the 1/2 hour waiting period for appointments before masters, registrars and official referees has been deleted, but remains for an appointment with an official reporter, (d) Rule 16, allowing a solicitor to cease to act for a party in a proceeding by giving notice to their client with a copy to all other parties of record. If no objection is received after 7 days, the solicitor, on notice to the other parties, may cease to act. The ability to apply for an order under subrule (4) remains as analternative and is also possible where an objection to the notice of intention is filed, (e) Rule 19, requiring that if further particulars become known after the date of pleading, they may be delivered after they become known and must be delivered on demand, and requiring that a party who intends to prove material facts that differ from those pleaded by the opposite party, must plead them, a general denial not being sufficient, (f) Rule 21, adding subrules (16) - (19), dealing with payment of money into court where tender is pleaded, formerly dealt with in Rule 37,

(g) Rule 27, requiring leave of the court for any examination for discovery which is to be conducted within 14 days of the scheduled trial date, (h) Rule 37, which is replaced by a new system of offers to settle, available to all parties and for all types of claims. Rules 57(20) - (24) allowing a plaintiff to offer to settle, are repealed, (i) Rule 39, requiring that a trial certificate be filed in the registry where the trial is to be held and served forthwith on all other parties of record,

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Legislative Update (continued) (j) Rule 40A, which is a new rule dealing with expert evidence, previously governed by s.lO and 11 of the Evidence Act. Experts' reports must be delivered at least 60 days before the expert testifies. At trial, the court may dispense with the requirement of delivery of a statement,

(k) Rule 51, allowing an affidavit to be sworn or affirmed, (l) Rule 54, dealing with foreign judgments, removing the procedural inconsistencies between registering a foreign judgment under the Court Order Enforcement Act and under this rule,

(m) Rule 57, providing that the registrar may allow an amount equal to the tax payable on legal services and disbursements, providing a procedure for those seeking areview under the Legal Profession Act, providing that the registrar may fix costs on a default judgment without an appointment and providing that notice of hearing on an assessment of costs may be given to those who may be affected, (n) Rule 58, requiring that where money is paid into court to the credit of an infant, proof of his or her name and date of birth

must be filed and requiring that a declaration in Form 30 be filed on application for payment out of funds, (o) Rule 60, applying new Rule 37 dealing with offers to settle, to matrimonial proceedings and providing for a summons under the Family Maintenance Enforcement Act, and (p) Rule 60B, expanding the definition of an "undefended divorce proceeding" to include the situation where collateral claims are settled and providing a method for a party to withdraw claims or to withdraw from a joint petition. effective April.1, 1993, except s.14 (Rule 40A, Evidence of Experts), which is effective August 30, 1993

PLEASE NOTE: The Provincial Court (Family) Rules have been approved by the Chief Judge and handed over to the Ministry of Attorney General. If passed by the Lieutenant Governor in Council, they may be in force as early as April1, 1993.

Employment Standards Act, B.C. Reg. 37/ 81, the Employment Standards Act Regulation is amended to provide for a minimum wage of $5.50 per hour for persons under age 18 and $6.00 per hour for persons age 18 or older. Similar increases of minimum wage for domestics, caretakers and farm workers are provided.

B.C. Reg. 56/93 effective April1, 1993

REPORTS AVAILABLE Report Working Paper 69 - Pecuniary Loss and the Family Compensation Act

Source Law Reform Commission of British Columbia (660-2366)

New Directions for a Healthy British Columbia and supporting background information

Ministry of Health- Royal Commission Response Office (356-6500)

Report of Barry Jones on Information and Privacy

Ministry of Government Services- Information and Privacy Branch (387-1992)

New Directions in Affordability - Report of the Provincial Commission on Housing Options

BC Housing Management Commission -Janet Austin (433-1711 -Vancouver)

Public Library Legislation A White Paper for Public Review

Ministry of Municipal Affairs, Recreation and HousingLibrary Services (356-1791)

Ozon·e Depleting Substances Regulation

B.C. Recycling Hotline (1-800-667-4321)

Provincial Court judges Six Provincial Court judges were recently appointed by Attorney General Colin Gabelmann.

They include:

•c. Gail Maltby appointed to the bench in Matsqui •Barry James Grannery appointed to the bench in Kelowna •James Douglas Cowling appointed to the bench in Nanaimo •Conni Lynn Bagnall appointed to the bench in Vancouver •Brian Randall Klaver appointed to the bench in Port Albemi •Car lie J. Trueman appointed to the bench in Smithers. C

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Registry questions answered

by Joanne Power, Manager Registrar Program Rule 41(15)

Q What authority precludes a Registrar from settling a Con sent Order:

A: SetoutinRule41(15): NoConsentOrdershallbe entered until the consent of each party affected is significant. This was strictly interpreted by Madam Justice Huddart, who declined to accept a Consent Order settled by a Registrar.

Garnishing Order

Q What disbursements can be claimed directly on a Garnishing Order?

A All disbursements that are reasonable and necessary to produce, issue and serve the Garnishing Order and, if required by the Registrar, proven by receipt.

Consent Order

Q Should a Registrar enter a Consent Order for a reference before the Registrar?

A Not when it is a delegation of the courts jurisdiction, e.g., maintenance reference; but generally acceptable when the reference is procedural, e.g., passing of accounts.

Name Act

Q It is necessary to apply to court for a change of name after a divorce?

A No. Your name was never legally changed on marriage. See Section 2(1) of the Name Act. "2.1 A spouse by marriage may (a) use the surname he or she had immediately before the marriage; (b) use the surname he or she had at birth or by adoption, or (c) use the surname of his or her spouse by marriage." This change was effective October 1, 1992.

Traditionally a spouse may take their spouse's name. For commercial purposes, such as obtaining credit, a birth certificate and a copy of Section 2(1) of the Name Act should suffice for proof of your name.

The Name Act does allow a former spouse after divorce to apply to the Supreme Court to change his or her name to any name desired through the mechanism of Section 4(1). Non-divorced per.sons wishing to change their name must go through the procedure set out in Section 5.

Divorce Act

Q Which is the preferable proof of marriage for an application under the Divorce Act?

A Either a certified copy of the marriage registration or a certificate of marriage. Both are issued by the

Division of Vi tal Statistics. However, a certificate of marriage can be obtained through any of the 60 Government Agents and Vital Statistic offices located throughout the Province and takes five (5) working days; a certified copy of the marriage registration can be obtained only through the head of Division of Vital Statistics in Victoria and takes approximately three (3) weeks.

Writ of Seizure and Sale

Q Can a Judgment Creditor issue a Writ of Seizure and Sale pursuant to a Judgment registered from a reciprocating state?

A If the foreign judgment was required in B.C. pursuant to an ex parte order, no sale or disposition of property shall be made until one month after the judgment debtor has had notice of the registration.

The Registrar issuing the execution proceedings should require proof of service by Affida vi tof the ex parte order and ensure that one month has expired since service.

Rule 64(7)

Q What authority does a District Registrar have to designate signing authorities?

A Rule 64(7) 'Where the signature of the registrar is required on a certificate relating to a matter of record in the court or registry, a notice, or any process by consent, in default, or ex parte, the document shall be deemed to have been signed by the registrar if his or her name is written, printed, stamped or otherwise made apparent on it by a person appointed by the registrar to perform that function."

Rule 44(16)

Q If an application on our chambers list is a file from another registry, can we accept a notice of motion?

A Only if Rule 44(16) has been complied with, unless the Court otherwise orders.

Rule 44(16): 'Where any registrar is satisfied that, due tourgency or the convenience of the parties, an application should be heard at a place outside of the judicial district in which the proceeding was commenced, the registrar may, ex parte, grant leave for the applicant to do either or both of the following: (a) file the notice of motion in some other judicial district; (b) name as the plate of hearing a place in that other judicial district; and where the registrar grants leave, he or she shall endorse the notice of motion accordingly."IJ

Do judges prefer plain language?

by Rachel Hutton The Plain Language Institute of B.C.

"If you believe that, after buying a will, a woman should be able to look at the paper and tell to whom she has given her farm, then you believe in plain legal language."

Hon. Lynn Hughes, Judge United Sl:<ltes District Court, Houston, Texas

Although you suspect that your clients prefer plain language to complex, convoluted legalese, do judges? As a lawyer, you want to know how judges hear your words: whether in a disputed clause of a contract, a factum submitted to the court of appeal, or as you argue your case before the bench. While we don't know how all judges feel about plain language, we believe that judges likely prefer plain language too.

Speaking at Just Language, an international conference about language and law, Madam Justice Beverley McLachlin stated that language and thought are interdependent. Unclear thinking and unclear language go hand-in-hand. Therefore, "to think clearly is a necessary first step toward effective and fair legal reasoning." Certainly, every lawyer strives to be effective, just as every judge strives to be fair. It follows that using plain language can help both lawyers and judges achieve their goals . .

In a recent Supreme Court of Canada decision, McLachlin wrote, "It is the substance of what [a person] can reasonably be supposed to have understood, rather 'than formalism of the precise words used, which must govern." (Evans v. The Queen, [1991] 1 S.C.R. at p .888)

Referring to the warning police officers give to suspects, McLachlin states a principle of plain language: that the writer or speaker's first goal should be to communicate clearly with their audience, so their message is easy to understand. The more urgent the message, the more vital it is that the writer use plain language.

In each of four recent Canadian cases about disclaimer of liability clauses in consumer contracts, judges have sent a clear message to lawyers who draft these contracts: use language the consumer will understand.

The language in a contract should clearly reflect and communicate the intentions of the parties, and should not trap un-

wary consumers in transactions they wouldn't otherwise agree to. "Nothing less is fair," as Justice Reid of the Ontario Divisional Court decided. (Snudns v. Conquest Tours Ltd. (1990 74 O.R. (2d) 781.)

Words are the tools of every lawyer's trade. Whether you are a litigator, a solicitor drafting contracts, or a legislative drafter, using plain language can only help you to be efficient, clear, and to communicate your ideas persuasively.

We know judges will hear your message better if. you follow the principles of plain language: good organization, clear writing that is easy to understand, presented in a format that is easy to read and pleasing to the eye.

Judges are people too, and people prefer plain language. Your choice should be plain; your message should be clear. []

Judges on plain language

_

"I offer the gratuitous suggestion that [the defendant] should hire plain language experts to rework these documents."

Walters u. SCNA Ltd., SmC 92-7673, Williams Lake Registry.

"The wording of the clause is neither plain nor unambiguous.

It is clear, it is, quite simply, legal gobbledygook."

"The notice cannot be said to be reasonable if the clause is unintelligible because of its complexity."

Aurora TV and Radio Ltd. u. Gelco (1990) 65 Man. R. (2d) 145.

"Surely the law should not be used as a trap for the unwary."

Snucins v . Conquest Tours Ltd. (1990) 74 O.R. (2d) 781 .

Plain Talk is jointly sponsored by the CLE Plain Language Project and The Plain Language Institute of B.C. The Project teaches B.C. lawyers plain language writing skills and converts legal precedents to plain language. The Institute promotes plain language in the braoder context of government, business and the legal community. It also funds this column.

10

The Counsel Network expands through merger The Counsel Network is a unique consulting firm providing professional recruitment and consulting services to the legal community. The Coun~l Network merged with Williams, Penner and Co. in early 1993 and now offers expanded services in the areas of: •

Lawyer Recruitment and Placement

•

"The Business of the Practice of Law"

•

Lawyer Career Services and Outplacement

•

Legal Management Information Services.

The Counsel Network is endorsed by the Member Services Committee of the B.C. Branch of the Canadian Bar Association. It is a trend setting specialty firm proud of its record of Canadian firsts - the first firm of its type established by a lawyer, the first firm of its kind in Western Canada, the first such firm to establish a national and international capability with offices in Vancouver, Richmond, Seattle, Calgary and Toronto, and the first, and only, such firm to be endorsed by the CBA (B.C. Branch).

With the merger of The Counsel Network and Williams, Penner and Co., Roy Williams has joined the Counsel Network as a principal. Williams trained and practiced as a chartered accountant for five years and spent 15 years as general manager and administrator with two major Vancouver law firms . This merger and the addition of Roy Williams to The Counsel Network's team provides the capability to offer law firms, companies and organizations with fully integrated legal management solutions.

"We are finding that, in addition to requiring professional

Stephen Nash

Roy Williams

recruiting services, many of our clients also require assistance in the areas of governance, partner compensation, long range planning and other structural issues that are critical to successful recruiting," said Stephen Nash.

full and integrated solutionsfrom initial business planning to recruiting to compensation and performance evaluation."

"Mr. Williams now provides us with the ability to offer clients

For more information on the services provided by The Counsel Network, contact Stephen Nash or Roy Williams at 6431755.0

The Counsel Network provides integrated solutions to law firm from initial business planning, to recruiting, to compensation and performance evaluation 1. "The Business of the Practice of Law" The Counsel Network provides law firms, corporate legal departments and other organizations with consulting advice and assistance in the areas of planning, structure, governance, and business development. Consulting expertise can also be provided on issues including planning, governance, partner conflicts, partner/associate compensation, firm retreats, trend analysis, strategic practice planning, dissolution, restructuring and marketing management 2. Lawyer Recruitment and Placement The Counsel Network provides regional to international lawyer recruitment and "headhunting" capability. The firm has been a leader in this area and has been involved in a wide variety of recruitment assignments from merger, partner and corporate counsel placements to recruitment of junior associations and placement of temporary and part time lawyers in contract positions.

3. Career Management and Outplacement The Counsel Network provides outplacement and relocation services to enable law firms to effectively manage the dislocation and stress associated with restructuring and downsizing.

4. Legal Management Information Services The Counsel Network initiates, conducts or sponsors a number .of management surveys, articles and educational seminars and strives to provide the profession with timely and topical information covering issues relevant to the business of the practice of law.

11

CBA Endorsed Pro.gram

Property insurance program offers outstanding features Canadian Bar Association Members across Canada are able to take advantage of optional home insurance through a plan arranged with Canada Life Casualty Insurance Company (CLCIC).

Because CLCIC is a direct marketer of insurance, you cannot obtain CLCIC' s coverage through your own agent or broker.

As a direct marketer of property insurance to large groups CLCIC is able to save on distribution costs, savings which are passed on to policyholders in the form of competitive rates.

CLCIC offers home insurance to all CBA members in British Columbia. This includes coverage for principle residences, vacation homes, condominiums, and also tenant policies for those who are renting.

CLCIC's policies offer some outstanding features.

Competitive rates: Standard coverages in a policy vary greatly fromoneinsurertoanother. Make sure you're getting full value for your premium dollars.

Convenience: Many insurance companies require one lump sum payment of your insurance premium, CLCIC offers the choice of weekly, bi-weekly, monthly, or bi-monthly payments at no additional charge.

Service: Guaranteed! Excellent customer service is a commitment that is monitored by ongoing customer service surveys, and provided by qualified Customer Service and Claims Representatives. There is a Canada wide 24 hour emergency claims line with toll-free numbers.

How to find out more: Enclosed is this month's BarTa/k you will find a brochure and request for quote form. If the renewal on your existing policy is more than 60 days away, simply complete the"RequestforQuote" form and

Jnail it to CLCIC. CLCIC commits to send you a quote 30 days in ad vance of the renewal date for your consideration. If you have any questions regarding coverages to suit your particular needs,

please feel free to call the CLCIC and speak with one of the customer service representatives.

Vancouver -682-1858 Toll-Free -1-800-663-7778

Get an early start to make most of next year's RASPs If you didn't get around to making your 1992 contribution to a registered retirement savings plan, welcome to the club.

Advertising in the media may lead you to believe that this is the time of the year to be making a 1992RRSPcontribution. Nottrue.

You can also start contributing now for the 1993 tax year.

Avoid the last minute rush and make a resolution to speed up your RRSP contributions, so you can get an extra year of tax-deferred compound growth.

And think about contributing monthly rather than once a year.

This is like putting your money half a year early and getting an extra half-year's interest if your money is in guaranteed funds. If your money is in mutual funds or segregated funds, there is a larger amount on deposit participating in the funds' growth.

To show the benefit of monthly contributions, check the following example from Maritime Life Assurance Co. of Halifax.

Say you are a taxpayer, born Jan. 1, 1958, making continuous, level RRSP contributions. Scenario A involvesdepositsof$6,000a year, starting Jan. 1, 1994, until age 65.

Scenario B involves deposits of $500amonth,startingJan.1,1993, until age 65.

The assumed rate of return is 7.25 per cent, increasing to 7.5 per cent when the accumulated value exceeds $25,000.

By age 65, you are $33,000 ahead (a difference of 5 per cent) by

making monthly RRSP contributions- and that is based on relatively low interest rates. The difference is even more dramatic when interest rates are higher.

If you a buying a guaranteed in-

vestment certificate for your RRSP, make sure the issuer offers annual compounding of the interest rate.

And if you are making monthly contributions, find out where the moneyisinvested. Doesitgointo a daily interest fund or a guaranteed investmentterm, such as one, three or five years?

The guaranteed term will offer a higher interest rate and eliminates the need to remember to roll over your funds each time you have enough money ondeposittomake you eligible for that term.

Finally, make sure the institution you choose offers a bonus GIC rate. As the amount on deposit increases to $25,000 or $50,000, some institutions add an eighth or a quarter of a percentage point to the posted interest rate for the term invested.

When all your deposits are invested in one place, check to see that subsequent contributions are eligible to earn the higher bonus rates.

Some institutions will add up the deposits of a husband and wife.

If their combined contributions put them into a higher tax bracket, then both deposits- even if made in separate plans - will receive the higher interest rate.

Please turn to page 12

12

100th Anniversary of the Criminal Code focus of Law Week.'93 Law Week activities throughout the province are shaping up for April14 to 21, 1993. The follow ing provides highlights of activities. Contact Law Day Chair Debra Hanuse at Davis and Co. (687-9444) to volunteer to participate in Law Day activities in Vancouver or call the B.C. Branch for the local Law Day contact in your area.

Vancouver:

Student/Mentor Program: senior secondary students will be matched with lawyers for a halfday opportunity to see first-hand what lawyers do during their day!

Lawyers interested in participating can contact Lance Bernard at 660-4100.

Vancouver Law Courts: on April 14 activities will include a mock trial, Citizenship Court and the provincial Public Speaking Finals

Dial-A-Lawyer:

Lawyers will provide free legal advice to call-

ers on Saturday, April 17. Call Tim Delany at Lindsay Kenney (687-1323)tovolunteer. Thisprogram as well as information about Law Week activities throughout the province will be featured in a special "advertorial" in the Vancouver Sun/Province on April 16.

This feature will be supported by "preferred area of practice" advertising. Call the B.C. Branch at 687-3404 for an order form to list your preferred area of practice and support this special Law Week feature.

Public Forum: plans are being developed to hold a public forum on "Youth Violence" on April21; further details will be announced Essay/Public Speaking Competition: the provincial essay selected will be forwarded to the National competition; public speaking regional competitions will be held with the provincial finals featured on April14 at the Vancouver Law Courts

Retirement and Savings Program (continued trom page 11) Think of your RRSP not just as a tax deduction, but as an essential component of your overall retirement planning strategy.

And start planning your 1993 RRSP now - not only to maximize your contribution butto give your retirement savings significantly more growth potential.

Reprinted from the Globe and Mail with the permission of Kim Stanley.

For more information on the CBA

Retirement and Savings Program, please contact Tom Dontsos at FINSCO Investment ManagementCorporation: In Vancouver call 684-3863 or Toll-Free 1-800665-4437; FAX: 684-2413.

FINS CO is endorsed by the Canadian Bar Association to provide members with a top quality retirement and savings program. Review the brochure included with this issue of BarTalk for further information about the program.

Section Talk (continued from page 4)

sure.

The legislation will permit reasonable fees for copies and search time although it is probable that local government will be required to absorb approximately the first three hours of search time.

Proponents of the legislation believe tha tit will lead to more open government. Critics of the legislation believe it will lead to "sunshine" government with the effect that the quality of debate within local government and the quality of policy advice provided to local government will suffer, and the bureaucracy will operate by way of "post-it notes." D

It is likely that the new Act will allow from one to two years to permit local government to organize record keeping in a manner which will streamline disclo-

North Vancouver: first Open House at the Provincial Court will be held on April17 from 1 to 4p.m.

Maple Ridge: student mock trials Williams Lake: student conference and mock trial Enderby: mock trials, probation officers in the schools Kamloops: Provincial Court Open House, April 15 Merritt: Provincial Court Open House, April16 Port Hardy: mock trials Nelson: CareerExposition;mock trials Tumbler Ridge: mock trial Surrey: Provincial Court Open House Fort St. John: mock trial, Provincial Court Open House, April 15 Nanaimo: Provincial Court Open House, April 7; mock trials NewWestminster: mocktrials.D

Eye Research conquers blinding diseases The VISION 20/21 EYE CARE Foundation has organized a lottery with the net proceeds going to medical eye research in B.C. The lottery offers an excellent deal: two Mercedes automobiles as two first prizes, plus two early bird prizes- a Caribbean cruise and a Hawaiian vacation. The cars will be drawn for on May 27 with the early-bird cruise draw on April 15 and the vacation on May 11. Tickets are just$40 each and only 7,500 tickets will be sold.

We all know how precious and important eye sight is to all of us.

Eye research offers the only chance to conquer stubborn blinding diseases - but eye research is not funded by the B.C medical plan. The CBA (B.C. Branch) Executive supports VISION 20 / 21 in its efforts to ensure that more people in B.C. will enjoy the gift of vision as we enter the 21st century. An order form is enclosed with this issue of BarTalk or you can call875-5665 I 875-5301 to order tickets. D

13

Taking Care of Business March 25 to 28, 1993 Grand Okanagan Resort Kelowna, B.C. Winter Convention '93 Call th~ B.C. Branch at 687-3404 for registration information

JACK

I

Don't miss this unique opportunity to learn and enjoy at the CBA (B.C. Branch) Winter Convention '93!

Substantive program speakers include David Peterson, Q.C., former premier of Ontario who will discuss the changing global conditions affecting the practice of law and the opportunities that these conditions, including NAFf A, will mean to practitioners.

Don't miss J.J. Camp, Q.C. and Jack Giles, Q.C., locked in the debate of the 90s: "Resolved that the practice of law is a business not a profession." Post-debate analysis will be provided

by CBA President Paule Gauthier and Roy Williams of The Counsel Network.

Attorney General Colin Gabelmann and Moe Sihota, Minister of Labour, Consumer Services and Constitutional Affairs, are featured and will be available to answer your questions.

Deborah Shannon will provide practical tips for you to avoid procrastination, the "thief of time."

A diverse panel of practitioners and consultants will provide you with timely information on gender equality practices. Hear Hamish Cameron, Mary Eberts, Roy Williams, Stephen Nash and Melina Buckley discuss all sides of this important issue.

The convention features "business after business" opportunities for you to meet your colleagues in informal settings as

Face to Face: the debate of the '90s, Resolv~d that the practice of law in the 1990s is a business, not a profession. Don't miss this classic with Jack Giles, Q.C. and J.J. Camp, Q.C. at Winter Convention '93, March 25 to 28 in Kelowna. four Kelowna law firms open their doors to host receptions.

The Saturday Dinner and Dance- with a western twist features Bing Armstrong and the Lonesome Steve Band as well as plenty of prizes and surprises! The weekend getaway to San Francisco, courtesy of Corporate Couriers, will be drawn.

The Guest Program features skiing, golfing, and winery tours. A wide variety of activities are planned to keep your 6 to 12 year olds occupied and daycare and babysitting will be available.

Transportation & Accommodation: Air Canada, the preferred airline carrier of the CBA, features special fares to Kelowna and arrangements have been made with Grey-

hound for deluxe motorcoaches to take you to Kelowna and back to Vancouver in style!

The conference hotel is the new Grand Okanagan and special rates are also available at the Coast Royal Anne Hotel and the Park Lake Hotel.

Register today! A last-minute registration form is included with this issue of BarTalk or call the B.C. Branch at 687-3404 for further information.

Special thanks is extended to the many sponsors and donors for Winter Convention '93 including: Patron Sponsor: National Trust Major Sponsors: FINSCO Investment Management Corporation, Air Canada, Corporate Couriers, WestPac and CBIA.[J

14

Highlights from the Provincial Council Meeting Model policies debated and endorsed by Provincial Council Model policies on workplace harassment, maternity and parental leave, alternate work arrangements, and workplace equity were vigorously debated before being endorsed by the Provincial Council at its Feb. 6 meeting.

These model policies are outlined in detail in Appendix A of the Law Society of B.C.'s report, Gender Equality in the justice System (Volume 1). TheGender~Neutral Language Policy was adopted at the December Council meeting.

Kathryn Berge and John Wad~ dell, co-chairs of the B.C. Branch's Gender Equality Report Implementation Committee, recognized that not all law firms may have the resources or personnel to completely adopt the recommendations set out in these policies. However, they stressed that these are "model" policies and as such it is important for law firms to review th~se policies and to use their best efforts to establish law firm policy and procedure which will reflect the principles and recommendations set out in these model policies.

The following is a brief description of the model policies that the Provincial Council has endorsed: Workplace Harassment: a model to promote a work environment in which all individuals are treated with respect and dignity.

Work place harassment is a form of discrimination. based on sex (including sexual harassment), race, colour, ancestry, place of origin, political belief, religion, marital status, physical or mental disability, age or sexual orientation. Council amended the resolution toalsodirecttheCBA (B.C. Branch) office to develop a workplace harassment policy. Law firms are urged to: 1) Adopt the Statement of Princi-

ple as contained in the policy; 2) Create an appropriate procedure for dealing with infractions or complaints; 3) Establish an education program for all members and employees of a firm of a work place harassment policy and the procedures available under the policy.

Maternity and parental leave: a model to establish a written policy on both paid and unpaid maternal and parental leave for partners and assoCiates, both male and female, who may wish to spend an extended period of time with a new baby, or to meet other family commitments.

Briefly, the model policy provides suggestions for amount of leave to be offered but leaves exact times blank. It covers the procedure for giving notice, suggests the procedure to be followed todivestfiles, and to reclaim themaftertheleave is over. The policy also provides direction and procedures for both the lawyer and the firm including remuneration, repayment if a lawyer does not return to work, unpaid parental leave, and leave in excess of the established policy.

Alternate work arrangements: a model to establish alternate work arrangements that will bring both profitability and personal satisfaction to the individual and the firm.

An alternate work arrangement is an agreed schedule, workplace, or defined set of responsibilities which vary from traditional work arrangements. The policy stresses that an overall emphasis upon fairness from all participants is key to the success of the alternate work arrangement. Research shows that firms experiencing success with such arrangements share common characteristics with an emphasis on both salary and non-salary factors .

Workplace equity:

a model to

promote equal opportunity and to prohibit discriminatory practices.

The model policy provides a missionstatementandastatementof principles whichsetsoutdiscriminatory conduct and the right to equal opportunity within the firm without discrimination. The equality in action section expresses pro-active policies to act on the principles set out in the first two sections. These policies include equality in work assignments, recruitment interviews, evaluation processes, promotions, firm/ professional functions, client entertainment opportunities, assignment of files, and employment equity.

Council members debated the . workplace equity resolution at length and were reminded that achieving employment equity is a complex task but a goal that the CBA should not shy away from.

The model policy suggests that it is important to apply good will and good sense to the challenge of creating work places which are equally hospitable to men and women.

Other business of interest from the Provincial Council meeting CBIAgroupcarrierinsuressamesex spouses John Waddell, the B.C. Branch representative to the Canadian Bar Insurance Association, reported that the CBIA Bar Group carrier Laurentian/Imperial has agreed toincludesamesexspouses on the same basis as other common law relationships. As with their common law definition, the same sex spouses must have a relationship of 12 months or more and must publicly represent each other as their spouse.

No change in rates will occur but future rates may be adjusted for claims experience. 路

15

Highlights from the Provincial Council Meeting By-law amendments: The CBA (B.C. Branch) will hold a special meeting in Kelowna on March 25 to approve by-law amendments including a proposal for Council elections in Yale County based on representation by regional districts and an amendment to allow for Provincial Council elections to be held in June with the Annual Meeting date changed to September or October.

Appointments: Grant Burnyeat, Bob Johnston and Parker MacCarthy have been appointed to the board of the Legal Services Society. Jeff Scouten is chairing a new Notaries Committee. Wendy Baker, Fiona Hunter and Wayne Plenart have formed the B.C. BranchNominatingCommittee. The purpose of the Committee will be to identify and encourage members to seek election to Provincial Council and to serve on various committees. The Nominating Committee will not, however, forward a slate of Provincial Council candidates.

Representatives Reports: Michael Bolton, chair of the Courthouse Library Society, reported that the Law Foundation has notified the Society of a freeze to funding levels which will result in a shortfall next year. Currently the Library's funding has been 73% from the Law Foundation, 4%fromthe LawSocietyand23% from various services provided.

The Society's board is investigating means to maintain current levels of service.

Bencher representative Warren Wilson reported that the Law Society will be encouraging solicitors to run for Bencher election.

The Law Society has approved hiring a public affairs staff person. The Benchers are reviewing an "inactive member" category.

He noted that the Law Society's NotariesCommitteeisactiveand will be coordinating efforts with

the new B.C. Branch committee.

He advised members that Royal Trust no longer has a R1 rating and law firms with monies on deposit over a certain amount will have to move their funds to another institution.

Member Services: The B.C. Branch agreement

with Uniglobe has been terminated. Negotiations are underway with other travel agencies to provide services to both the B.C. Branch and to the general membership. The 1993 B.C. Lawyers Telephone, FAX and Services Directory has been successful once again with some 10,400 copies distributed. []

Special presentation on B.C. Labour legislation Panel members Shona Moore, Walter Rilkoff and Ajit Saran provided Council members with three perspectives of the new labour legislation.

Saran provided his views as an arbitrator, Rilkoff presented management's view of the legislative changes and Moore spoke from the viewpoint of the employees/unions.

The following provides a brief overview of the panel discussion.

As an arbitrator, Saran noted some of the legislation is not new and was contained in previous labour legislation. He indicated that a new change was that the Industrial Relations Officer's reports will now be released to the parties. In certification proceedings, th~ names of persons who are members of the union or who have signed registration cards will not be disclosed to the parties. Other legislative changes Saran noted include automatic certification if the union has registration cards for 55 per cent of those in the bargaining unit; if they have 45 to 55 per cent, a vote will be ordered. Procedures for decertification have been made more difficult. More restrictions have been placed on employers regarding replacement workers. And a joint consultation process has been implemented for employers and unions to discuss changes in the workplace before they are implemented.

Rilkoff reminded Council that all the section numbers have been changed in the Act which will cause some confusion. He indicated that in his opinion the new legislation favour unions and will result in problems for business, particularly small business. In particular, he noted that the secondary boycotting provisions, the limitation on replacement workers, restrictions on secondary picketing and sectoral bargaining favours unions.

Moore disagreed with Rilkoff's negative views of the legislation. She noted that the automatic certification process had been unanimously endorsed by the sub-committee advising on the legislation; the secondary boycott provisions are not in every collective agreement and would only be enforced on the employer if they had been agreed to. She noted that the secondary picketing section had been changed in 1984 and that the new legislation addressed this change. She said that "common site picketing" would be monitored by the Labour Relations Board so that innocent third parties do not suffer. She suggested that the changes regarding "replacement workers" was a fair trade off for continued restrictions on the right to picket. Saran suggested that the need to maintain essential services does not match up with the replacement worker provisions and may lead to serious problems. Moore noted that the Labour Board has been given more rights to intervene in labour disputes which may allay some of these concerns. [J

16

CBA Legal profession assistance conference Personal problems, if not addressed, can and do lead to human tragedy, skyrocketing liability and disability costs and loss of public confidence.

Fortunately the legal profession is responding effectively to the needs of its members. All provincial bar and/ or law societies have or are developing Lawyer

Assistance Programs that can address these problems in a professional and confidential manner.

Nationally, the Legal Profession Assistance Conference of the CBA, supported by the Canadian Bar Insurance Association, is providing information, training, resource material and develop-

President's Message (continued from page 2) B.C. Lawyers Telephone, Fax and

Services Directory answers a strong demand from both inside and outside the profession.

We have distributed over 10,400 copies of the directory and the six edition is scheduled for publication in October.

Our Branch works hard to enhance the image of our profession in the eyes of the public.

We do this through our Dial-ALaw program which received 74,000 calls last year and played 49,000 tapes; through our Speakers Bureau; through our Mentor Program which pairs high school students with law firms; and through our varied Law Week activities throughout the province.

Naturally, a strong focus of our 路 activity, as a professional organization, is the support of our members in their professional practices. This support is delivered in large part through the sections, and in particular through their publications and their practice advisory panels.

Again, because of our size, we wield significant influence within the national organization of the Canadian Bar Association.

(Only Ontario has a larger membership.)

I won't go on further to catalogue our activities and achievements, but I do think it's useful to remember from time to time that by working together, through our B.C. Branch, we support each other in important ways and we benefit our community as a whole. 0

Watt held in high esteem by his colleagues Cliff Watt, Q.C., died on January 23, 1993, at the age of 47 after a valiant battle with cancer.

Cliff joined the Ministry of Attorney General as legislative counsel in 1979. He was appqinted as Chief Legislative Counsel in 1987 and served in that capacity until his appointment as Vice Chair of the Expropriation Compensation Board last year.

Cliff's professionalism and the esteem in which he was held by his colleagues and clients were reflected in his appointment as Queen's Counsel in 1990. A memorial service was held on January 30 in Victoria.D

ment assistance to help bring about the most effective service possible.

The Conference has a 24-hour help line 1-800-667-LPAC (5722) or you can the B.C. Lawyers Assistance Program at 522-1343 or Interlock, an assessment and counselling service, 522-1343.0

Dates to Note March 25 Special Meeting of the CBA (B.C. Branch), Kelowna; B.C. March 25 to 28 CBA (B.C. Branch) Winter Convention '93, Kelowna, B.C. April14-21 Law Week activities throughout the province May 14 to 15 Cariboo Bar Meeting, Prince George June 19 CBA (B.C. Branch) Provincial Council, Vancouver August 22-25 National CBA Meeting Quebec City BarTalk is published by the British Columbia Branch of the Canadian Bar Association, 10th Floor- 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: (604) 687-3404 FAX: 669-9601 Editor: Larry Hnetka, Communications Director 687-3404 Legislation and Law Reform Officer: Ann McLean (Victoria) 370-2234

SectionTalk Editor: Shelley Bentley, Melville & Yeung 685-3881 Alistair Eagle Photography (688-8867) is the CBA (B.C. Branch) official photographer. 漏 Copyright the British Columbia Branch of the Canadian Bar Association-1993.