BarTalk | August 2018

RE-ENVISIONING A2J | INDIGENOUS CHILDREN NEED A VOICE | DAVID EBY

AUGUST 2018 | bartalkonline.org

Access to Justice

FROM THE PRESIDENT BILL VEENSTRA

My Final BarTalk Column as President

Looking back at the past 11 months in the CBABC

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ny discussion of the CBABC begins with its Section and PD programming. Our 76 Sections held more than 350 meetings over the course of the CBA year, making available some 388 hours of creditable PD to members.

Approximately 55% of those meetings had a remote attendance option, making them available to CBABC members anywhere in the province. PD programming included 23 in-person events in various locations and eleven formal webinars. One of the highlights was the first ever CBA West conference, bringing CBA members from both BC and Alberta together for a weekend of high quality professional development.

One of the key responsibilities of the President is to be the advocacy voice of the CBABC. I had the honour of speaking out on issues ranging from legal aid and court services funding, to the need for judicial appointments. My work followed up on the strong advocacy of my predecessor, Michael Welsh, QC, with well researched and documented priorities set out in our Agenda for Justice.

While there is much work still to be done, the February 2018 budget saw the first significant increase in legal aid funding in many years, which is something to celebrate.

As the year went by, the government announced plans to institute caps on damages for “minor” injury motor vehicle cases, and to transfer significant jurisdiction from the courts to an online tribunal. The CBABC has put forward thoughtful and principled positions in response. Our advocacy work has been grounded in the rule of law, longstanding fundamental principles of personal responsibility through tort law, a public interest that includes the interests of innocent accident victims side-by-side with (rather than subsidiary to) the interests of rate-payers, and the desirability of a system based on fairness rather than arbitrary limits.

Related to our advocacy is work to improve access to justice within BC.

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There remains a serious access to justice problem, and the Bar needs to be a key part of improving the situation. Several groups within the CBABC are working hard on these issues – among them, our Unbundled Legal Services Section and our Access to Justice Committee – and I have worked hard to ensure that the CBABC remains a key player in this conversation. Access to justice issues are not amenable to simple solutions, and require a balancing of desires for perfect justice and affordable justice. As lawyers, we have direct, practical experience working day-to-day with clients, which gives us important insights, and we need to be part of the hunt for solutions, ensuring that principles of fairness and the rule of law are not obliterated in the name of efficiency, but at the same time being open to improvements that may require us to change some long-standing approaches.

A further area of focus is membership. Concern has been expressed in

recent years about the CBA membership fee, and much work has been done to streamline CBA structures and operations, especially at the national level, and to re-think how we allocate and spend the fees collected.

Our current national President, Kerry Simmons, QC, has been instrumental in moving that process forward. A concrete result of all of that work is a membership fee reduction that members will see in their 2018-2019 renewal notices this summer – with fees for most regular members in BC having decreased by $100.

One of my great pleasures as President has been to represent the CBABC at legal community events around BC. I am constantly blown away by the number of lawyers and law students who work so hard and give so much of their time to improving the justice system in their communities and to making the Bar a welcoming community.

I want to thank the many volunteers, both with the CBABC and with local and community Bars, across the province. Special thanks as well to our excellent staff at the CBABC office who work so hard to bring the thoughts and ideas of the volunteers to fruition and make us look good in the process. And finally, thank you to the CBABC membership for allowing me the opportunity to be your President for 2017-2018.

Bill Veenstra

president@cbabc.org

AUGUST 2018

VOLUME 30 / NUMBER 4

Contents

Departments

2

FROM THE PRESIDENT My Final BarTalk Column as President

by Bill Veenstra

5

EXECUTIVE DIRECTOR Human Solidarity and A2J

by Caroline Nevin

10 INDIGENOUS MATTERS

A Recap of 2017/2018 ALF Initiatives

by Tina L. Dion, QC 12 NOTHING OFFICIAL

The Speculation Tax That Isn’t

by Tony Wilson, QC 16 PRACTICE TALK

Access to Technology

by David J. Bilinsky 17 DAVE’S TECH TIPS

Inside This Issue Access to justice is an ever-present issue for those involved in the legal profession. Not only is it a core principle of our legal system, it underpins our daily work in providing services to clients, and on a broader scale, as lawyers we are thrust into the spotlight in the conversation around access to justice in our communities. In this month’s issue our authors discuss: the barriers that inadequate access to justice create; challenges of providing access to justice faced by the legal profession and society in general; initiatives and ideas to address that need, and much more.

News and Events

Sections

14 SECTION UPDATE

Sections Round-Up 2017/2018

Features 6

WHAT DOES ACCESS TO JUSTICE MEAN FOR DAVID EBY?

by David Eby, QC

7

GET TO KNOW ATTORNEY GENERAL DAVID EBY

by Donna Turko, QC

8

RE-ENVISIONING A2J

by Zahra H. Jimale

9

WHAT ACCESS TO JUSTICE MEANS FOR OUR MOST VULNERABLE

by Aleem Bharmal

18 WHY NOT A TWO-TIER FAMILY JUSTICE SYSTEM?

by Joel Miller 19 UVIC ACCESS TO JUSTICE CENTRE

FOR EXCELLENCE

by M. Jerry McHale, QC

Guest 20 DEALING WITH LAW SOCIETY COMPLAINTS

by Michael Butterfield

4 Letters to the Editor

Judicial Council of BC Calling for Judicial Justice Applications 11 Indigenous Children in Care Need a Voice in our Courtrooms by Frances Rosner 22 Legal Marijuana and the Challenges of Workplace Drug Testing

ALL for One, One for ALL to Balance Scales

by Donna Turko, QC 23 BC Legislative Update

Branch & Bar Calendar

Tips from Courthouse Libraries BC 25 Calling All Lawyers: Share Your Knowledge, Be a Mentor

2018 Georges A. Goyer, QC Memorial Award for Distinguished Service 26 WLF BC News

Take Care of the Foreign Caregivers: Recommendations for the IRCC

CLEBC Update

Also In This Issue

24 27 28 30 31

LAW FOUNDATION OF BRITISH COLUMBIA PROFESSIONAL DEVELOPMENT DISPLAY ADS BAR MOVES NEW MEMBERS

Click here for LEGAL OPPORTUNITIES and ads AUGUST 2018 / BARTALK

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news BARTALK EDITOR

Deborah Carfrae EDITORIAL BOARD CHAIR

Kirsten McGhee

EDITORIAL BOARD MEMBERS

Tina Dion, QC Brandon Hastings Eryn Jackson Kuldip Johal Kevin Kitson Lisa Picotte-Li Donna Turko, QC Sean Vanderfluit

BARTALK SENIOR EDITOR

Carolyn Lefebvre

STAFF CONTRIBUTORS

Travis Dudfield Kent Hurl Christopher LaPrairie Michelle May Sanjit Purewal Stuart Rennie Jennifer Weber Judy Yen The BC Branch of the Canadian Bar Association, 10th Floor, 845 Cambie St. Vancouver, BC V6B 5T3 Tel: 604-687-3404 Toll-free (in BC): 1-888-687-3404 bartalk@cbabc.org

BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association and is available online at bartalkonline.org. © Copyright the British Columbia Branch of the Canadian Bar Association 2018.

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

The British Columbia Branch of the Canadian Bar Association represents nearly 7,000 BC members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

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Letters to the Editor Response to Caroline Nevin’s June 2018 column, entitled “A Healthy Profession.”

Response to Tony Wilson’s June 2018 column, entitled “She Blinded Me with Science.”

I just wanted to let you know that I really enjoyed your article “A Healthy Profession” in the June issue of BarTalk.

The article was a great reminder about the pressures of the legal profession, why those pressures exist, and how we can help ourselves and our colleagues. I’ve passed the article on to our two summer students in hopes that they will remember your advice as they move forward in the profession.

I so enjoyed your June column.

From title to Moose and Squirrel — weirdly relevant again, somehow! — to final punctuation. There are things wrong in this country, of course. You called out the “manufactured outrage machine,” hooray! But it’s great to have a chance to celebrate the things that are right. Such things are a pleasure to defend.

As you did. Beautifully.

— Dan W. Melnick

— Karl Maier

NOTICE TO THE PROFESSION

Judicial Council of BC Calling for Judicial Justice Applications The Judicial Council of BC is looking for lawyers with a minimum of five years active practice as a member of the Law Society of British Columbia (those with less legal practice experience may be considered if they have a range of related experience), who are interested in part-time adjudication work as a Judicial Justice of the Provincial Court. This judicial work will be performed at various locations throughout the province.

uuu Click here for more details

Write Us Send your Letter to the Editor to: Deborah Carfrae – BarTalk Editor bartalk@cbabc.org

Membership Enquiries members@cbabc.org

Advertising Opportunities

Info Changes

ads@cbabc.org

data@cbabc.org

EXECUTIVE DIRECTOR CAROLINE NEVIN

Human Solidarity and A2J

It’s time to reinvigorate our compassion and demand more

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n July 17, 2018, former President Barack Obama gave a speech marking the 100th birthday of Nelson Mandela. It is an hour and 24 minutes long. For those of us habituated to Twitter and soundbites, it is surprisingly hard to fight the urge to fast forward or move on to something else when one person speaks that long – and yet, we will easily binge-watch our favorite Netflix series for much longer without any effort at all. I urge you to give the same time to this important message.

There is lots to digest in Obama’s speech; he talks of the progress of the last century but also the people left behind in that progress, and the systems that have evolved to maintain and even strengthen the gaps between those who have much and those who do not. Yet, his over-riding message was genuinely positive: “I believe that all people ARE created equal,

and are endowed by the Creator with certain inalienable rights. And I believe that a world governed by such principles IS possible.” What is needed, he says, is a commitment to “human solidarity.”

When we, in Canada, talk about access to justice, we discuss what we see in front of us: delays, judicial shortages, court services and sheriff understaffing, and other challenges in our courts; the struggles of unrepresented litigants; power imbalances in mental health and immigration/refugee reviews; families and children harmed in the aftermath of breakups; and the devastating multigenerational impact of residential schools that results in criminal over-representation in prisons and child apprehensions. What underlies all of these discussions, however, is a genuine and very deep concern that we have lost our way – that the ideals and values we believe the justice system exists to uphold are no longer being served.

Why wouldn’t we question what’s going on? We have vacancies in the courts, vacancies in the committees that make judicial appointments, and a dire shortage of court staff. We have declining numbers of lawyers able to afford taking

How do we reclaim our sense of human solidarity? on legal aid files, including child apprehension cases against higher-paid government lawyers, and we are losing an entire generation of veteran criminal lawyers who have helped us deliver on the Constitutional right to legal aid for those facing criminal charges. We have Crown lawyers struggling with impossible caseloads. “Minor” compensation disputes with our monopoly government auto insurer are being diverted to a monopoly government out-of-court resolution process.

And, we see all this despite a discriminatory 7% charge on all legal clients continuing to line government coffers, in addition to the corporate and individual taxes contributed by 13,500+ BC lawyers.

How do we reclaim our sense of human solidarity? We remember each and every day that many of us have privileges that others do not have, and we use our privilege to ensure that others have their basic human rights both recognized and honoured. We expect – we demand – that our governments use our taxes to fund a justice system that supports ALL people being treated equally and their legal problems dealt with fairly, justly and in a timely way. CBABC advocates on these exact issues relentlessly, but we also need individual lawyers – taxpayers and voters – to speak up to support our message.

The last word goes to Nelson Mandela himself, a tireless and passionate advocate for the recognition of our shared humanity: “A fundamental concern for others in our individual and community lives would go a long way in making the world the better place we so passionately dream of.”

Caroline Nevin

cnevin@cbabc.org AUGUST 2018 / BARTALK

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feature ATTORNEY GENERAL DAVID EBY, QC

What Does Access to Justice Mean for David Eby?

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s Attorney General, my goal is that every person in British Columbia is able to quickly and efficiently resolve their legal disputes, in a system that is fair, just and comprehensible.

Access to justice includes not just issues around legal aid or courtroom space. True access to justice includes understanding and removing or mitigating social, economic and bureaucratic barriers, and supporting people to resolve disputes outside of formal court processes where appropriate.

Our motivation for taking on these issues should be apparent to everyone involved in BC’s legal system: unresolved legal problems and barriers to justice can adversely affect people’s physical, mental and emotional health, their finances, their relationships, their families, and often the public purse.

The scope of our access to justice challenge is underlined by the fact that our justice system is one of the few social services that government, regardless of political stripe, has a constitutional obligation to fund.

This has meant that people too often have been forced to turn to the courts to resolve complex personal problems because of a failure to harness proactive social programs to address the upstream issues that caused these problems.

Mental health challenges, addiction problems, homelessness, and family breakdowns are just a few examples of the upstream issues that fill our courtrooms, despite the fact that they are mostly grossly ill-suited to resolution in front of a judge.

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The same principle underlies the challenges in our healthcare system’s emergency rooms as compared to implementation of an effective public health program. For example, I understand that the First Nations Health Council has done extensive work on the “social determinants of health,” recognizing the many interdependent aspects of health and wellness.

There are “social determinants of justice” as well. Access to justice is not solely about legal issues. Everyone is impacted when British Columbians face barriers in accessing justice, or are forced into ill-suited justice processes to address upstream challenges.

The social determinants of justice extend to issues of physical and mental health, housing, poverty, racism, substance misuse, and family resiliency. There is ample evidence to support the crucial role of upstream services in eliminating downstream consequences for society.

Our government has been working hard to improve access to social services like housing, mental health and addiction treatment, and childcare to minimize the risk of families facing these problems becoming involved in the justice system.

Beyond the upstream issues, over the past year, I have heard from thousands of British Columbians about their needs and frustrations with the justice system, especially regarding access, cost, and options for dispute.

I have made it my ministry’s mission to respond to access to justice challenges, including through: Re-establishing the BC Human Rights Commission; Supporting and delivering alternative dispute resolution options to improve services for families, legal services for Indigenous persons, and expanded poverty law services; Working with the BC Aboriginal Justice Council and Indigenous organizations to develop an Indigenous Justice Strategy that sets out principles for future justice programs, with the goal of reducing the overrepresentation of Indigenous persons in jails, prisons, and foster homes, and meaningful initiatives and priorities that improve the justice experience of Indigenous people in BC; and, Developing a family justice transformation strategy that promotes improved access to justice by identifying and addressing needs at the front end and encouraging the use of consensual dispute resolution processes.

To illustrate the breadth of the access to justice issues in our province, I offer two examples of planned reforms: one legislative, and one in cooperation with our partners in the wider justice system.

First, as Attorney General, it is my role to ensure that our government adheres to the rule of law and part of this involves ensuring public service employees can report serious wrongdoing without fear of reprisal.

On April 25th, our government introduced the Public Interest Disclosure Act (2018), long-overdue legislation aimed at protecting whistleblowers in our public sector.

It will enable concerned public servants to report serious wrongdoing to their supervisor, a designated person within government, or the Ombudsperson. It’s one more way to enhance accountability, transparency, and higher standards of public administration that British Columbians can count on.

Second, a priority of mine is to encourage diversity in the legal profession and especially within

the judiciary. A judiciary that reflects the diversity of our province’s citizens can facilitate access to justice by incorporating the unique voices of those who are under-represented as leaders and administrators in the system. This is not something that can be changed by passing a law – this is an access issue that every player in the system has a role in addressing.

Improving access to justice, likewise, cannot be done in isolation

DONNA TURKO ASKS DAVID EBY

Get to Know Attorney General David Eby FLUFFY STUFF...

Where did you come from?

I grew up in Kitchener, Ontario. My dad was a lawyer and my mom was a teacher, and then a grade school principal. I have two brothers and a sister – I’m the oldest.

Did you play a particular sport or play an instrument as a child?

I played hockey and baseball throughout my youth, and of course, basketball in high school. I took piano lessons for years, and even though I ended up playing much more guitar as an adult, that musical training was invaluable to me.

What are your past times and hobbies?

I feel like I used to have a lot more pastimes and hobbies before taking on this job and the shared responsibility with my wife of raising a small person – life is pretty busy these days. When I have spare time, I spend it hanging out with my family, skiing, playing guitar, and catching up with pals.

What books are you reading?

I’ve got a pile of books on my night stand waiting for some summer reading. Top of my pile will be Rob Shaw and Richard Zussman’s book “A Matter of Confidence”... although on reflection maybe that’s a bit too close to the day-to-day for summer reading.

Tell us about your wife and son My wife is an RN, or rather, she was

an RN, she’s gone back to school and is about to graduate from Medicine at UBC. Our son is three.

HARDER STUFF… You spent a lot of your legal career with a critical eye directed at the police. How has your history helped or hurt your current role?

You’re right, I spend a lot more time than I expected to – for example – calling for increased resources for police to deal with our challenges with organized crime and money laundering in the province, or supporting police intervention on distracted drivers. My history with the Independent Investigation Office, which is responsible for investigating police involved deaths, has greatly assisted me in coming up to speed quickly on the challenges that office has faced in fulfilling its mandate, and to support them in getting things back on track. I’ve been pleasantly surprised by the open, frank and engaging conversations I’ve had with police representatives to date on challenges we face – I think our shared history has actually helped us get to the heart of the various issues we’re discussing more quickly.

I suggest the scales of justice in BC are lop-sided due to weak LSS funding. How do you feel about this?

Our government has provided the biggest financial boost to LSS in 16 years.

That’s, of course, a low bar, but we’ve

– seriously addressing this problem means considering upstream issues and addressing the challenges in our laws, structures, and our province that have shown up in our legal system.

One year into my mandate, I am grateful for the continued support of those involved in our legal system in addressing these challenges.

David Eby, QC – Twitter: @Dave_Eby

already provided more funding than we committed to provide to access to justice initiatives during the election campaign. There is so much work to do in this area to ensure access to justice for British Columbians. We’re just getting started.

Where is LSS funding on the priority list of the government?

Access to Justice, with a particular emphasis on remedying the injustices faced disproportionately by Indigenous peoples, is a significant priority for our government. For example, justice for Indigenous peoples in BC is in every Minister’s mandate letter, and justice initiatives related to Indigenous peoples overlaps several Ministries, including the Ministry of Children and Family Services, my Ministry, and the Solicitor General’s Ministry.

Are you concerned about the accuracy of the feedback you get on public opinion, especially via online platforms?

After the 2013 BC election, Donald Trump, Brexit and the Alberta election, anyone paying attention has more reason to look at polls with a critical eye than ever before. I’d much rather rely on direct contact with constituents and the people I represent. Polls have their place, but direct contact with people provides a much more accurate picture of where people are at because at a minimum there’s nuance there that a poll just can’t catch.

Donna Turko, QC is a criminal defence counsel in Vancouver and a member of the BarTalk Editorial Board Committee.

AUGUST 2018 / BARTALK

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feature ZAHRA H. JIMALE

Re-Envisioning A2J Moving beyond legal aid and ADR; a

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HOW DO WE GET THERE?

to justice is more than access, it is about just outcomes. It is a system where individuals are enabled to avoid, manage and resolve conflicts in an efficient, effective, and proportional manner.

We are in a situation where many people’s rights are not enforceable because they are unable to access the justice system.

It requires a broad approach, where individuals are provided with the necessary institutions, knowledge, resources and services to avoid, manage and resolve legal problems.

The litmus test: do individuals have the knowledge to recognize that they have a legal problem, meaningfully access the resources and services they require to resolve their problem, and reach a practical outcome that is fair?

A strong civil and family justice system not only benefits individuals, but society at large. The efficient and effective resolution of legal problems also results in collective social, health, and economic benefits.

solutions for the access to justice crisis is a shared responsibility. There must be collaboration among the legal profession, judiciary, civil society, governments, economists, social scientists, and health care researchers. The public must also be made aware and be engaged.

The key is to start working collaboratively toward meaningful access to justice; toward a broader conception of justice.

Canada’s Justice Development Goals provide an excellent roadmap for framing the challenges, and finding solutions and opportunities for collaboration across the country.

Reflecting on The Honourable Cromwell’s comments, it seems to me that a significant part of the challenge is our narrow concept of A2J as a means to provide access to representation by a lawyer and to dispute resolution processes, rather than as an expansive concept that is people-centred, in the service of dispute prevention and focused on just outcomes. It is time to re-envision access to justice and create a justice system that works for all – as former Chief Justice Beverley McLachlin said, “The most advanced justice system in the world is a failure if it does not provide justice to the people it is meant to serve.”

IS IT POSSIBLE?

Zahra H. Jimale, lawyer, mediator and

conversation with The Honourable Cromwell he access to justice crisis has generated much attention and condemnation across the nation within the legal profession, judiciary, civil society and governments for many years. Even so, we continue to grapple with meaningful and sustainable remedies. Although much work has been done and many systemic reforms have been recommended and pursued, the crisis is ongoing. The number of self-represented litigants who are unable to meaningfully access the justice system continues to grow.

Access to justice is fundamental to the rule of law and the ability of citizens to enforce their rights and enjoy the benefits and protections of a healthy democracy; this is a wellrecognized and accepted principle.

However, the question remains: what does meaningful access to justice look like and what will it take to achieve a justice system that works for all?

The 2013 report Access to Civil and Family Justice: A Roadmap for Change, released by the Action Committee on Access to Justice in Civil and Family Matters and produced under the leadership of former Justice Thomas A. Cromwell, illuminates and frames access to justice challenges and provides a comprehensive approach to meet these challenges.

I recently had the opportunity to speak with The Honourable Cromwell about what meaningful access to justice looks like, whether it is possible to achieve,

to justice – it is not optional. The current situation is untenable.

and how we get there. Below is a summary of his responses.

WHAT DOES MEANINGFUL ACCESS TO JUSTICE LOOK LIKE? Access

We

can and we must achieve system-wide meaningful access

Finding

educator, and a member of the CBABC A2J Committee.

feature ALEEM BHARMAL

What Access to Justice Means for Our Most Vulnerable

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hat does “access to justice” mean for the most vulnerable members of our community? Certainly, it means more than the existence of a legal system that can theoretically provide a formal remedy for a breach of their legal rights.

As has now become widely accepted, there can be no true access to justice where there are members of society, especially among marginalized groups, who: do not have adequate information or knowledge about their legal rights; cannot obtain appropriate legal assistance; fear or have no confidence in the legal system; or find the legal system financially inaccessible.

For many of our most vulnerable community members, access to justice also means a lot more than having an effective way of resolving a dispute – it is something critical

to meeting their most basic needs.

Without the legal services provided by not-for-profit legal and advocacy organizations, for example, many would not have the socioeconomic means to obtain the information and expertise essential to knowing and enforcing their rights to services and protections they need to survive.

Many would be denied government benefits and other critical subsidized assistance, despite their eligibility. Many would not be able to obtain a remedy for: “renovictions” (Baumann v Aarti Investments Ltd. 2018 BCSC 636); unfair tent shelter vandalism and removals, including exposure to the spreading of chicken manure by city officials (Abbotsford (City) v Shantz, 2015 BCSC 1909); and other wrongful actions by land­ lords that affect their basic housing (PHS Community Services So­ciety v.

Swait, 2018 BCSC 824).

All of this would have devastating consequences that social justice

organizations are all too familiar with, as the relationship between an individual’s deteriorating economic or housing situation and their worsening physical or mental disability conditions can be a vicious cycle.

For other members of our community who have been certified under the Mental Health Act and whose committal to a mental health facility is being reviewed by an independent review panel, access to justice means no less than the protection of their liberty and physical and psychological integrity.

Fundamental interests are at stake in these proceedings because the panel has the power to decide whether a person will continue to be detained and whether medical treatment can continue without consent.

For other members of our community who may have an immigration working status or a language or cultural barrier that renders their basic human rights readily exploitable, access to justice can mean attaining redress for being isolated, underfed, verbally and physically abused, forced into sexual acts, and treated like a “virtual slave” (PN v FR and another (No. 2), 2015 BCHRT 60).

In sum, access to justice means something critical to the more vulnerable members of our community and the legal services they require are not only essential to their well-being, but an invaluable and empowering means of ensuring that their most fundamental rights are protected.

Aleem Bharmal is the Executive Director of the Community Legal Assistance Society and Chair of the CBABC Access to Justice Committee.

AUGUST 2018 / BARTALK

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Indigenousmatters TINA DION, QC

A Recap of 2017/2018 ALF Initiatives A farewell from the Chair

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ugust 31, 2018 will mark the end of my two-year term as Chair of the CBABC Aboriginal Lawyers Forum (“ALF”), after serving as Co-Chair and Vice-Chair. What an honour it has been to have served in these capacities. The mandate of the ALF is to increase the stature and influence of Aboriginal lawyers in the legal profession. The ALF was formalized as a forum of the CBABC in 2010 and is the only one in Canada. Over the years, the ALF has grown not only in membership, but in its presence and reach within the legal profession. Our 2017/2018 ALF Executive Committee is comprised of 11 Indigenous lawyers. There are more than 160 members on our ALF email distribution list and more than 450 followers on our Facebook page.

The ALF fulfils its mandate primarily through three main annual events. In December 2017, the ALF hosted more than 100 lawyers and law students at our 8th annual holiday banquet. Among the dignitaries joining us were Attorney General David Eby, QC, The Honourable Chief Judge of the Provincial Court of BC, Thomas Crabtree (as he then was), The Honourable Justice Len Marchand, CBABC President Bill Veenstra and the CBABC Executive Committee. A new initiative for the ALF was our inaugural children’s Christmas toy drive for Aboriginal children in care served by the Vancouver Aboriginal Child and Family Services Society.

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June 21st is National Indigenous Peoples Day (formerly National Aboriginal Day) in Canada.

In 2017, and this year in 2018, the ALF hosted its annual law retreat to coincide with the National Indigenous Peoples Day online auction reception, which is held on the Friday evening before the June CBABC Provincial Council meeting. On June 22, 2018, the ALF hosted its 7th annual law retreat, themed Honouring Colten Boushie and Tina Fontaine, Making a Difference – Be the Difference.

Among others, we heard from Indigenous lawyers practising in family and child welfare law, as well as Crown counsel and duty counsel practising in provincial and Indigenous courts.

The mandate of the ALF is to increase the stature and influence of Aboriginal lawyers in the legal profession.

We also heard from Chris Murphy, an Ontario lawyer, about his work with Colten Boushie’s family. It was a remarkable day of learning, sharing and networking.

The ALF then hosted a plated dinner. The keynote speaker was Mr. Justice Marchand who spoke on the theme, Be the Change in the Legal Profession. It was fitting that Mr. Justice Marchand

gave this keynote address as he is the first member of a First Nation (Okanagan Indian Band) to be appointed (on June 21, 2017) to the Supreme Court of British Columbia, after three years as a judge of the Provincial Court of BC. To end the day’s events, the ALF hosted its 11th annual National Indigenous Peoples Day online auction reception.

This event typically sees many members and guests of Provincial Council in attendance. The reception is a great way to network and make new friends. Thanks to the auction’s Chair, Isabel Jackson, this year’s auction raised approximately $6,000 toward our various initiatives.

Beyond our permanent seat on the CBABC Executive Committee, the ALF also continues to increase the number and scope of our members appointed to CBABC committees. Outside of the CBABC, the ALF has strengthened its presence as well, for instance the ALF is now a regular guest at the LSBC bencher meetings. Under the leadership of incoming Chair, Isabel Jackson, and with the work of the 2018/2019 Executive Committee, the ALF will certainly continue to prosper and flourish. I am personally grateful. Hiy Hiy. Tina L. Dion, QC, practises in Tsawwassen, BC. She is the Chair of the ALF until August 31, 2018 and Chair of the TRWG.

FRANCES ROSNER

Indigenous Children in Care

Need a Voice in our Courtrooms

Do you act for parents from First Nation communities and struggle with how to have the views of the children heard in our courts? Have you tried unsuccessfully to have counsel appointed for children when they have been removed from their families and communities so that their interests are adequately represented in decisions that will determine their futures? Indigenous children involved in the child welfare system are among the most vulnerable sector of society due to impacts from colonization that gave rise to childrens’ removal, lack of resources to support families to stay together, and the challenges endemic to the foster-care system. Once a child is removed from their parents, there is a real risk that critical bonds will be broken and the child’s connection to their family, community and culture will be fractured or permanently severed. These consequences are discussed at length in Grand Chief Ed John’s final report – Indigenous Resilience, Connectedness and Reunification – From Root Causes to Root Solutions: A Report on Indigenous Child Welfare in British Columbia and the Truth and Reconciliation Commission Final Report.

Decisions are made every day about where children will reside, how their daily needs will be met, and how important connections will be preserved – but are those decisions being made with meaningful involvement of children? Although there are capacity considerations with children, this does not negate the need to consider their viewpoints, especially for adolescent children. When parents, families and communities are taken out of the mix, a social worker is assigned to manage the child’s plan of care and that social worker becomes the gatekeeper of information concerning the child’s well-being. The Child, Family and Community Service Act (“CFCSA”) sets out that the child’s views should be taken into account regarding decisions affecting him or her. But, the language is permissive and there is no statutory provision to ensure that the child’s views will, in fact, be considered.

In a system that lacks financial resources, do social workers have the necessary tools and resources to provide adequate management and oversight of children?

Who will speak out on behalf of children when the system falls short of meeting their emotional, psychological, physical and cultural needs? As child protection lawyers, we are often told that there are not enough resources to support frequent and regular access to parents, siblings and

extended family members; there is a lack of supervisors available to supervise visits; there is a lack of transporters available to transport children to visits; and there is a lack resources to ensure children attend important cultural events in their communities. But, as parent’s counsel, we are not privy to the full breadth of shortcomings that may adversely impact the child in care.

What happens when gaps in resources serve as a real barrier to giving effect to the CFCSA guiding principles concerning best interests of the child?

What happens when there is a real difference or disconnect in viewpoints between the social worker and the child? What rights does that child have under the CFCSA to have his or her voice heard in a court of law?

British Columbia is lagging significantly behind other jurisdictions that have statutory safeguards in place protecting the rights of children to be heard. Currently, there is no statutory right to counsel under the CFCSA and therefore access to justice for Indigenous children is hindered. The voices of children in care matter and need to be heard; if children were given a voice, it may cause all stakeholders to do their jobs differently. At the very least, it would lift the veil of silence on BC’s most vulnerable children.

Frances Rosner is a Métis lawyer working as a sole practitioner in Vancouver.

AUGUST 2018 / BARTALK

11

nothingofficial TONY WILSON, QC

The Speculation Tax That Isn’t BC outlaws the urban pied-à-terre

I

have a running battle with a realtor friend who is adamantly against the Foreign Buyers Tax introduced by the previous Liberal government to deal with offshore speculation of residential real estate. At the time, the tax added 15% to all real estate purchases in Vancouver made by non-Canadians. My friend claimed that the tax specifically targeted Chinese buyers and was just as racist as the “Head Tax” that penalized Chinese immigrants a century ago.

My argument was (and still is) that if you are a Canadian citizen or a permanent resident, you have made a commitment to Canada and should be able to buy and sell real estate like any other Canadian. But if you’re from New York, Shanghai or Moscow and you buy Vancouver or Victoria real estate because holding and flipping it will make you a bigger profit than gold stocks or pork bellies, then you're here to speculate and you should pay the Foreign Buyers Tax, just like they do in Hong Kong and Singapore.

In March, the new NDP government brought in the “Speculation Tax” to supposedly enhance affordable housing by taxing properties that were not the owner’s primary residence, and which were not being occupied by a tenant while the owner was away.

A provincial government website, (replete with “class warfare” rhetoric), spins it this way: for too long, this housing crisis was allowed to escalate and it’s hurting working families, renters, seniors, students and others.... With this new tax, we’re telling speculators to free up the homes they are keeping empty so they can be used by British Columbians desperate for housing or be ready to start paying more. In other words, make the rich pay, even if they are Canadians using a second home as a summer cabin or a pied-à-terre.

When first introduced, the tax forced urban homeowners to live in their home, rent it out, or pay the tax. You couldn’t have a second

12

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“vacation” home. If you did, you were deemed a speculator and the tax would apply. Exemptions were subsequently made because of an outcry from those who owned a vacation home in addition to their principal residences.

But this exemption was limited to “a place at the lake or on the islands,” unicorns, Elvis and Vancouver condos worth less than $400,000.

Thus, if you lived in Vancouver but owned a two million dollar “cabin” in the Gulf Islands you are a morally superior person because you are not hurting working families, students, or seniors, so you don’t have to pay the tax. But if you live in Langley and bought a small condo in Vancouver that you use on weekends as a pied-à-terre instead of something on Salt Spring, and it’s now worth more than $400,000, you’re an evil speculator and must either live there fulltime or rent it out to avoid the tax.

Shockingly, there are actually people who own Vancouver condos

who are not speculators! Maybe they bought their condo because their commute from Langley is an hour or more each way and they use it two or three days a week. Or maybe they live in New West but own a Vancouver condo to use as a pied-à-terre on weekends to enjoy Stanley Park or Vancouver’s urban amenities the same way others might use their cabin on Shawnigan Lake or on Salt Spring.

They aren’t foreign flippers “hurting working families, students or seniors.” They are vacation home owners who chose to buy their “cabin” in downtown Vancouver instead of on Salt Spring. If they aren’t speculating, why should they be treated differently than Salt Spring vacation home owners? You would think a Speculation Tax would actually target speculators and not law-abiding Canadians who made different choices with their recreational property dollars than those who own million-dollar properties on the Gulf Islands.

Some call the Speculation Tax “Champagne Socialism.” It's not. It’s “Salt Spring Socialism” with a dose of Orwell. You see, in BC, everyone is equal, but some are more equal than others, especially if their second home is in the Gulf Islands.

Tony Wilson, QC is a franchise lawyer at Boughton in Vancouver. The views expressed herein are strictly those of Tony and do not reflect the opinions of the Law Society, CBABC, or their respective members.

I give to my community and with Vancouver Foundation, my giving lasts forever.

75 years ago, a single gift started Vancouver Foundation and that gift is still making a difference in the community today.

We can help you create a fund that gives forever.

Get started at vancouverfoundation.ca/create or call Kristin at 604.629.5186

To find your local community foundation visit communityfoundations.ca

AUGUST 2018 / BARTALK

13

sections SECTION UPDATE

Keep Current A review of provincial Section meetings Sections Round-Up 2017/2018 A total of 436 CBABC members volunteered to oversee our highly active 76 Sections. They have been an integral part of the success of Sections, and we thank them all for all their efforts in building a stronger and robust group of Sections. These volunteers have produced and hosted 350+ meetings through their Sections this term, which were accredited for more than 380 CPD hours. More than 4600 BC members enrolled in Sections this term. We look forward to working with the new slate of Volunteer Executive Officers in September!

Webinar Technologies – Inclusiveness In recognizing the importance

uof facilitating mutual collabora-

tion within the legal profession, the CBABC has been bridging the gap between lawyers from all across Canada. The Branch has been committed to facilitating remote access for Section meetings for 15+ years, and in doing so, has built up its technological arsenal every year to bring you the very best in live streaming; connecting you with speakers you otherwise may not have access to. In hosting more than 55% of our Section meetings by webinar, more than 3000 members met their professional development needs remotely.

Sections Recognition – Thank You! We would like to recognize

uall 76 BC Sections for hosting

in-person meetings and webinars throughout this term, working closely with Sections staff to make 275+ of our 400+ guest speakers accessible to all CBABC members.

Of our 76 BC Sections, 55 of these held one or more of their meetings remotely, accounting for 194 remotely accessible meetings. We would like to recognize the Aboriginal Law – Vancouver, Banking Law, Business Law, Charities and Not-for-Profit Law, Civil Litigation – Vancouver, Civil Litigation – Vancouver Island, Elder Law, Insolvency Law, Labour Law, Legal Research, Real Property – Vancouver, Securities Law, Taxation Law, Unbundled Legal Services, and the Wills & Trusts – Vancouver Sections. These 15 Sections held 25% of the total meetings hosted this year, holding more than 80% of their meetings by webinar.

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Sections and Professional Development Joint Conferences The CBABC recognizes the im-

uportance of hosting conferences

in partnership with its Sections for the benefit of its committed members. Offering substantive and procedural law, these conferences target specific areas of law as practised by the collaborating Section’s membership, offering upwards of 12 hours of CPD for Section specific content. This term, nine Sections hosted joint Conferences with Professional Development.

The Animal Law Section hosted the first Animal Law Conference of its kind in Canada, bringing together lawyers from Canada and south of the border to share ideas and to discuss developments in a variety of current animal law areas.

Speakers and guests discussed cross-border views on legal issues affecting companion animals in an open forum, bringing together leaders in the field from both sides of the border.

The Family Law – Okanagan Section continued its annual multiday conference in Vernon, welcoming back Aaron Franks to present his much-anticipated Year in Review, a look back at the most notable cases from across the country.

The Solicitors’ General Practice – Central Vancouver Island Section held its Annual Conference in Parksville featuring presentations on Employment Law, Marine Law, WESA, Director Liability, Foreshore Leases and Mortgages, Corporate Records, Insolvency Specialists, Electronic Filing at the LTO and Physician Assisted Dying. One attendee commented that the conference included “lots of useful and practical topics.

[It was] good to meet other solicitors

and put faces to names and know you can call each other for assistance.”

The Immigration Law Section held its Annual Conference in Vancouver for a sold-out crowd again this year, welcoming a large host of private and government speakers to present on topics such as express entry, jurisprudence, technology and practice management, work permits, family class applications, and a primer on inadmissibility. Speaking to the collegiality of the Bar, one attendee commented “of particular value was the ability to hear from the people on the “other side,” the representatives from IRCC.” The four BC Women Lawyers Forums held a sold-out Women Lawyers Conference & Retreat in Vernon this year, with the theme of “Tackling Change in Practice, and Beyond” as its focus. A member commented that “it was a powerful opportunity to hear from these women who underlined why they have succeeded in being such compassionate judges and leaders in our Bar.” The ADR – Vancouver Section welcomed Audrey Lee to present “Mind Bugs: Working with your own Biases as Lawyers & Mediators.” Audrey taught awareness raising exercises and shared strategies to address implicit bias. An attendee commented “[Audrey] was not only a talking head. I enjoyed the facilitated discussions, her drawing ideas out and letting people speak. It really helped lessen the intimidation factor I usually see at lawyer events.”

The ADR – Victoria Section invited respected Wayne Plenert to present “Transformative Conflict – A Practitioners’ Perspective,” to explore how a transformative approach might impact a variety of

mediation areas, including family, workplace, and personal injury.

Wayne did a great job in facilitating group discussions and challenging the way lawyers look at things.

The Criminal Justice – Vancouver Section hosted its Annual Dinner with keynote address given

by Dennis Edney, QC, who spoke extensively on his professional and personal experiences as the Foreign Attorney Consultant, appointed by the U.S. Pentagon, participating in the defence of Omar Khadr, a young Canadian who was once detained in Guantanamo Bay, Cuba.

The CBABC Aboriginal Lawyers Forum hosted its 7th Annual Retreat and 11th Anniversary National Aboriginal Day Auction Reception. The Retreat theme this year was Honouring Colten Boushie and Tina Fontaine: Making a Difference, Be the Difference.

The ALF hopes to raise awareness about how lawyers can expand their practice areas or knowledge about the legal issues that come into play in these situations.

GET READY FOR THE 2018/19 SECTION TERM! CBABC members receive unlimited access to all 76 BC and 41 National Sections and Forums. There are no additional costs to enroll in Sections!

RETURNING Section members?

CBA members will automatically be re-enrolled to their previous year’s preferred Sections upon renewing their membership. Email sections@ cbabc.org for further details.

Are you CBA member outside of BC? CBABC offers many Section meetings accessible by webinar and/ or teleconference. CBA members outside of BC are welcome to participate in BC Section activities by paying the BC Branch levy.

AUGUST 2018 / BARTALK

15

practicetalk DAVID J. BILINSKY

Access to Technology

A little standardization goes a long way r

He say, “One and one, and one is three.”

Got to be good-looking ‘cause he’s so hard to see Come together right now over me... r – Music and Lyrics by Lennon-McCartney, recorded by The Beatles

A

ccess to justice is a bedrock legal principle. Access to technology, however, is a principle of a lesser god.

But over the last while, the biggest factor in improving the delivery of legal services has been the changes wrought by technology. Technology, then, is an enabler for greater access to justice.

Akin to steps that can be taken to provide greater access to

justice, there are steps that can be taken to open up the availability of technology to lawyers.

For one, aligning practice/trust regulations among law societies along with aligning provincial taxation of legal accounts would allow a practice management/accounting legal software developer to write one application that would only need minor modification for each province in order to be compliant. This has long been the holy grail of lawyers. Alignment such as this opens up the potential market of users without adding additional marginal costs, and brings efficient practice software to the market. Take Saskatchewan as an example. Saskatchewan has 1,894 lawyers as of February 8, 2018. It is very difficult to justify the expense to customize a legal practice management/accounting software package that would only serve this market. But, by combining Saskatchewan, Alberta, BC and Manitoba, we create a market of 1,894+9,800+11,668+2,008= 25,370 lawyers.

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Furthermore, consistent regulations in multiple jurisdictions would ease interjurisdictional practice. They would provide law societies with a degree of assurance that if lawyers

Canadian lawyers have fewer options to choose from in finding great tools to assist them in practice. are consistently using a commonly used software package, lawyers are complying with their relevant practice regulations (Lawrence Lessig’s Code is Law principle). Not the least of all, it also allows developers to put time and money into creating such software in the first place, with the reasonable assurance that their investment will bear fruit.

For example, Software Technology, Inc, the developer of Tabs 3 (legal general and trust accounting

software), which integrates with PracticeMaster (practice management software) has great products focusing on the smaller law firm market in the USA. However, they have maintained that the fragmented market in Canada can’t justify their investment to come here. That means that Canadian lawyers have fewer options to choose from in finding great tools to assist them in practice.

Legal education is another area where economies of scale relate.

Great speakers and a great program in a great location can be justified where you have a large market with consistent regulations.

Smaller markets, less so.

When it comes to automated document assembly software, aligning the laws across provinces would similarly allow for the creation of one automated forms package for use in any particular area of the law for use within multiple jurisdictions.

When it comes to increasing access to justice, part of the puzzle may be hard to see. However, the answer may be in coming together.

The views expressed herein are strictly those of David Bilinsky and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.

David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia (presently on leave).

Email: daveb@thoughtfullaw.com Blog: thoughtfullaw.com GO ONLINE FOR MORE INFORMATION

dave’s techtips In the search for the legal holy grail, the goal, at least at this time, is elusive.

Here are some common alternatives:

uuu INTEGRATED SOLUTIONS FROM ONE DEVELOPER A fully integrated solution means never having to try to get different applications from different developers to work together. However, it also means that you are getting a “one-size fits-all” solution, which may or may not be as fully featured as best of breed applications.

uuu ESILAW (esilaw.com)

Esilaw is another Canadian approach for small to mid-sized firms to an integrated solution that started out as a legal general, billing and trust application.

It has added PM features via ESILAW 360, but again, the PM side may not have all the features you want as compared to some dedicated PM systems.

uuu ACUMIN (dexco.com/products)

Acumin is a mid to large firm solution that supports general, billing and trust accounting with PM for mid to larger sized firms having multiple offices and similar needs.

PM software that links with accounting software (3rd party): CLOUD:

uuu CLIO (clio.com)

Clio is the most prominent example of a host of cloud-based billing, trust accounting and PM solutions that are platformindependent. Most of these cloud-based apps integrate with 3rd party accounting systems.

However, in most cases, these cloud-based accounting systems are designed for the USA and do not match our Canadian accounting needs, with the exception of Xero (xero.com/ca).

uuu AMICUS ATTORNEY This is one of the leading practice management applications, which is also cloud accessible via its mobile app. In Canada, it is commonly linked to third party accounting software such as PCLaw to create an all-in-one solution.

WINDOWS:

uuu PCLAW (lexisnexis.ca/en-ca/products/ pclaw.page)

At this time, PCLaw is about as close to the Holy Grail as you can find in Canada for small to mid-size firms. PCLaw started out as a general, billing and trust legal accounting system and has gradually added aspects of practice management (“PM”).

However, the PM side may not have all the features you desire as compared to a dedicated PM system. Lexis offers Time Matters for those requiring a more extensive PM application.

MAC:

uuu BRIEF LEGAL (brieflegal.com)

This is a legal general, billing and trust accounting application for the Mac. Unfortunately, at this time, it does not have a PM component.

uuu PRACTICEMASTER (tabs3.com/products/practicemaster/practicemaster.html)

This is a rich PM solution that can be used as a stand-alone solution where you don’t need integration with an accounting application.

© 2018 David J. Bilinsky

AUGUST 2018 / BARTALK

17

feature JOEL MILLER

Why Not a Two-Tier Family Justice System?

S

aying there’s access to justice without access to services is a trick those with resources play on those without.

Our system is designed to work best with two experienced and knowledgeable lawyers putting forward the best version of a litigant’s case.

The clear majority of people in the family court system can’t afford or don’t want to pay for a lawyer. They’re mostly onetime, at best infrequent, users of the system and they feel the system isn’t fair. It’s not designed for those struggling to navigate a system that doesn’t want them, even though it’s presumably there to serve them.

We’re not the first to wonder if the traditional court system is providing justice when procedure and form may prevent a concerned judge from getting the substantive information needed to make a meaningful decision.

OREGON’S SOLUTION

The Oregon Informal Domestic Rules Court (“IDRC”), in force since 2013, gives us an alternate path to justice without tearing down the current system.

It’s available wherever both parties opt in, whether they have lawyers or not, in which the traditional rules of evidence and procedure are waived in favour of a two-hour hearing in which each party speaks for themselves. The judge is involved asking questions 18

BARTALK / AUGUST 2018

to get the information needed for an informed decision. No crossexamination is allowed, but each party may suggest questions they want the judge to explore.

No witnesses are called – so neighbours and friends don’t end up taking sides. Any evidence is allowed – hearsay, texts, emails, phone photos, letters, reports, etc. – subject to the judge’s ruling on weight. And the judge may adjust the rules at any time.

If you want to cross examine the other side, to present evidence from the school or friends, or challenge a report, don’t opt in, the choice is yours. If you have a lawyer, he or she may

Our family law system should be built for all litigants, not the lawyers who represent a minority of them. offer you assistance and advice during the process but may only address the court to summarize the issues and present a brief legal argument. Any family law matter may be dealt with and the parties file parenting plans in advance.

The entire proceeding takes two hours and a decision is rendered that same day, or very shortly

after, in the form of an order to be entered, so there’s no delay between an order being issued and taken out.

Judges and lawyers agree the IRDC reduces conflict, gives parties a better sense of procedural fairness, eliminates the worry about a judge being biased against, or overly helpful to, a self-rep, reduces judicial time, and places everyone on an even playing field.

Using a lawyer for the IRDC costs less, inviting more people to hire them, and a practice of focused unbundled services has arisen because lawyers know what’s needed to allow a self-rep to be effective in this sort of hearing.

Aside from the obvious satisfaction this has brought to people without counsel, it has had the unexpected benefit of being especially well adapted to abuse cases because the victim isn’t grilled by the other side and they feel the court is more engaged in the process than being a cold and distant adjudicator.

The Oregon IRDC has now been adopted, with variations, in several American jurisdictions.

Why not here? Why can’t we open a second tier of family court justice that clears away the institutional benefits given to those with lawyers? Our family law system should be built for all litigants, not the lawyers who represent a minority of them.

Joel Miller is an Ontario lawyer and founder of The Family Law Coach, an exclusively online service for family law self-reps.

feature PROFESSOR M. JERRY MCHALE, QC

UVic Access to Justice Centre for Excellence 2018/19 Plan

T

he UVic Access to Justice Centre for Excellence (“ACE”) was established by the Faculty of Law late in 2015 in response to the growing concern within the justice community about the problem of diminishing access to justice, and in the belief that there is a unique and important role that the academy can and should play in the resolution of this problem.

The idea for such a Centre was suggested in the Canadian Bar Association’s Equal Justice report of December 2013, which proposed that three Canadian law schools establish centres of excellence for access to justice research by 2030.

ACE seeks to actively engage the law school with the rest of the justice system, in particular with respect to procedural issues involving access to justice and the delivery of legal services. Within the law school it will focus on better preparing students for the challenges access to justice presents to practitioners. Outside the school it will focus on research and scholarship that addresses the access issue as experienced by both those who use the system and those who provide the services.

ACE’s 2018/19 Plan focuses primarily on the development of justice metrics. There is a rapidly growing interest in empirical

research and performance measurement in justice systems around the world. Access reports and studies in recent years have emphasized the paucity of access to justice research and the poor state of metrics and data collection within Canadian civil justice systems (as well as the potential for law schools to help rectify this).

Observing that “you can’t manage what you can’t measure” the CBA’s Equal Justice report drew an explicit link between the system’s lack of metrics and measurement capacity, and the relative ineffect-

ACE seeks to actively engage the law school with the rest of the justice system, in particular with respect to procedural issues involving access to justice and the delivery of legal services. iveness of efforts over the last twenty years to enhance access to justice.

In this context ACE’s 2018/19 Plan identifies the following objectives:

to

convene and support a multistakeholder BC Research Framework Working Group to advise on the development of justice metrics across justice sectors; to work with other provinces to promote national justice metrics co-ordination across all Canadian jurisdictions; to undertake its own research projects; to establish a conceptual and informational foundation for a justice metrics framework; and to build a sustainable core program to ensure ACE’s continuity.

Progress has been made on each of these fronts. The BC Research Framework Working Group held its first meeting in April and the national Justice Metrics Working Group has been established with representatives from BC, Saskatchewan, Ontario and Quebec. ACE is conducting research into the costs of family litigation and the impact of legislation on adversarial behaviour. ACE has also retained researchers to produce six major study papers intended to inform the design and development of data architecture for the BC justice system. As well, ACE has recently secured a continuing grant from the BC Law Foundation, which will help to ensure its ongoing viability.

More information is available on the ACE website at uvicace.com.

Professor M. Jerry McHale, QC is a member of the UVic Faculty of Law and is the Director of the Access to Justice Centre for Excellence AUGUST 2018 / BARTALK

19

guest MICHAEL BUTTERFIELD

Dealing with Law Society Complaints

L

ast year, the Law Society of BC (“LSBC”) received approximately 1,100 new complaints about lawyers. About 1,000 complaints were resolved at the staff level, while approximately 130 were referred to either the Discipline Committee or the Practice Standards Committee for further action. Twenty-seven citations were authorized.

A citation is the start of a formal hearing process. The first stage is a determination of facts (i.e. did you do something wrong). The second stage is penalty. Most discipline hearings result in a fine or suspension, but can result in disbarment.

Rarely do they result in the lawyer being exonerated.

How a lawyer reacts to an investigation is often as important as the substantive nature of the complaint. Each year, lawyers end up being cited not for the original complaint, but for failure to respond appropriately to the LSBC. These cases range from ignoring correspondence to outright contempt.

The initial intake stage is similar to charge approval at the Crown. Is the complaint within the LSBC’s jurisdiction? Does it provide sufficient detail to justify an investigation? If proven, does the complaint constitute a discipline violation? Is the complaint frivolous or vexatious in nature? The LSBC provides a schematic of the discipline process on their website.

20

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When an investigation is launched, the investigator will likely contact the lawyer by telephone before sending a formal letter. The biggest mistake lawyers make at this stage is not taking the complaint seriously. Even if it is baseless, the self-regulatory role of the LSBC is essential to the independence of the Bar. The primary purpose of discipline is to protect the public interest. Lawyers are held to a higher standard than other professionals because they hold a special position of trust. This is nowhere more apparent than when dealing with trust funds.

Trust related investigations are often very serious. In most cases, lawyers have either made a mistake or relied too heavily upon support staff. Fortunately, most trust issues are resolved informally, without citation. However, being fully aware of your trust obligations and carefully supervising support staff, can minimize risk.

Where lawyers get into trouble with trust issues is when the errors are repeated or deliberate.

Deliberate misuse of trust funds can garner the most extreme penalties. If you are facing an allegation of dishonesty, you must obtain legal advice before providing a substantive response to the LSBC.

TOP FIVE TIPS

1. Remain calm. You are at the start of a process that can take years to resolve. You are not alone. Many lawyers have been through this process and prospered. Do not be embarrassed to seek help. The process is stressful, and having the right supports in place will make a huge difference. The Lawyers Assistance Program is a great resource.

2. Obtain independent legal advice before making a substantive response. Even if you just have a one-hour consultation with a lawyer who has experience defending counsel, you will be better able to address the investigator’s concerns. The LSBC keeps a list of counsel willing and able to assist lawyers facing discipline.

3. Respond respectfully and promptly to any investigation. You do not need to make an immediate substantive response, but you must convey the fact that you take the process seriously. Beware of “excited utterances” as they can come back to haunt you.

4. When an investigation is launched, it is not limited to matters arising out of the original complaint. If you are facing an investigation, make sure that your house is in order.

5. Be co-operative, compliant and, when necessary, contrite. All lawyers make mistakes. The key is not to compound that mistake.

Michael Butterfield is a lawyer, mediator and arbitrator. He also assists lawyers facing discipline.

Access Pro Bono (B.C.) and ZSA Legal Recruitment are thrilled to present the FIRST ANNUAL VANCOUVER GREAT WINES CHARITY GALA on OCTOBER 3, 2018. Distinguished guests and speakers (tentatively including Chief Justice Wagner), will gather to help raise funds in support of pro bono work throughout the province.

The evening will showcase some of British Columbia’s best wines, as well as a selection of rare and fine wines generously donated by members of the legal and business community to be bid upon in silent and live auctions.

Excellent and rare wines to taste and buy, good company, refreshments, and swinging music will make for a lively and enjoyable evening – all to support a very important cause in the B.C. legal community; Access Pro Bono.

Access Pro Bono promotes access to justice in British Columbia by providing and fostering quality pro bono legal services for people and non-profit organizations of limited means.

Visit WINEPROBONOBC.CA or ACCESSPROBONOBC.CA to learn more.

IN SUPPORT OF

FOUNDING SPONSOR

AUGUST 2018 / BARTALK

21

news&events CBA NATIONAL MAGAZINE

Legal Marijuana and the Challenges of Workplace Drug Testing As the federal Liberals will no doubt remind you over the coming year, they made history this spring. The Senate (after a lot of grumbling, and the rejection by the government of a stack of amendments) passed C-45, the bill creating a legal market for recreational marijuana.

Prime Minister Justin Trudeau called it a promise kept. His opponents called it a catastrophe in the making. The Liberals were sending out fundraising emails on the topic within a day of the bill’s passage.

Mission accomplished? Not by a long shot. Provinces still have to define rules for transport and sale. Municipalities need to settle questions about zoning. There could be a court battle between Ottawa and provinces that wish to restrict or ban home cultivation.

But the biggest gap in the legal framework surrounding recreational cannabis has to do with the workplace.

There are no federal rules regarding workplace drug and alcohol testing outside of the military. (The Canadian Forces has been conducting random blind drug tests since 2007, and plans to earmark specific positions – pilots, for example – for severe restrictions on marijuana use. But the military admits it can’t ban the drug from the ranks completely – not after it’s legal.)

Read more uuu

NEWS FROM DONNA TURKO, QC

ALL for One, One for ALL to Balance Scales The Association of Legal-Aid Lawyers (“ALL”) (registration pending) is seeking membership of all lawyers who accept legal aid referrals. ALL would greatly appreciate support from the legal profession in the fight for an increase in legal aid funding, fair tariffs, and a respectful partnership between LSS and lawyers.

With the support of the CBA, lawyers across BC have been meeting to form ALL to address the weakened legal aid system and to negotiate with government on behalf of lawyers who accept legal aid referrals.

With no increase in the legal aid tariff for 22 years, our criminal lawyers are remunerated at a rate of about 1/2 that of their Ontario counterparts, despite

22

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substantial increases in salaries for judges, Crown and other criminal justice partners. While there have been some financial increases for family law and Indigenous services, but nothing for the tariff, the inherent unfairness in renumeration is painfully obvious.

Common yearly income for junior criminal defence counsel working as sole practitioners is considered to be around mid$30,000 a year. The starting salary of Crown counsel is $87,600 plus extensive benefits with set annual increases.

There are many concerns expressed by lawyers who take on referrals from the Legal Services Society (“LSS”), including the lack of proper funding to conduct an adequate

defence, the growing imbalance between Crown and legal aid funding for experts and litigation support, and the ongoing and time-consuming interactions with LSS staff who are reduced to trying to protect their dwindling budget. Current cashstrapped LSS policies are also seen as unsupportive of articled students and junior counsel.

CBABC elected officer Sandra Mandanici was instrumental in getting the CBABC on board: “It has been very difficult for lawyers who practice legal aid to band together as many are sole practitioners struggling to stay above water. The CBABC, Bill Veenstra and former Supreme Court Judge Peter Leask have been invaluable in helping this association get off the ground.”

BC LEGISLATIVE UPDATE

ACTS IN FORCE Current from April 25, 2018 up to and including June 19, 2018 The full version of Legislative Update is now only published online and is available exclusively to CBA members at cbabc.org.

FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS STATUTES AMENDMENT ACT, 2016, S.B.C. 2016, C. 11 (BILL 12) Sections 19 and 20, and section 24 as it enacts section 151(2)(m.5) and (m.6) of the Forest Act are in force May 15, 2018. Section 8, and section 24 as it enacts section 151(2)(k.101) of the Forest Act, are in force May 25, 2018

GREENHOUSE GAS INDUSTRIAL REPORTING AND CONTROL AMENDMENT ACT, 2016, S.B.C. 2016, C. 15 (BILL 15) Sections 1(a) and (d), 3, 4, 6, 8 and 11 to 13 are in force June 4, 2018

TENANCY STATUTES AMENDMENT ACT, 2018, S.B.C. 2018, C. 11 (BILL 12) Sections 1 to 5 and 12 are in force June 6, 2018

TIPS FROM

BRANCH & BAR

Calendar

AUGUST

8, 15, 22, and 29 Lawyers Assistance Program: “Making the Best Decisions in the Worst Situations” — Vancouver

OCTOBER

4-5 7th National Pro Bono Conference — Vancouver

2018 Bench & Bar Dinner Wednesday, November 7, 2018 JW Marriott Parq Vancouver CBA members and non-members are invited to join the CBABC Executive and Law Society Benchers in paying homage to those who have made outstanding contributions to the cause of justice in BC.

uuu Click here for more details

RAISING A2J — IT TAKES A VILLAGE

Don’t mistake the Access to Justice crisis as a legal sector problem when in truth it’s a broader social crisis. The National Self Represented Litigants Project (“NSRLP”), led by Professor Julie Macfarlane, has produced a bevy of reports lately, from the SRL perspective. Recently, the NSRLP coordinator shared her personal story of getting educated on the depths of A2J’s problems.

Her perspective as a librarian without previous legal training spotlights how obscure the crisis is to those not in the cloister of the law. Until they get stuck in a legal problem, many people think legal aid is there if they ever get into real trouble. As we know, that is a fallacy for most. The NSRLP points to public libraries as an underutilized resource to help cure the misperception.

Courthouse Libraries BC (“CLBC”) is unique among Canadian jurisdictions in that CLBC has long enlisted public libraries in its A2J and Public Legal Education and Information (“PLEI”) strategy (via the CLBC LawMatters program). CLBC co-ordinates the publication of legal information and acts as the trusted conduit for authoritative legal texts and PLEI, syndicating these to hundreds of public libraries. Legal professionals can always send SRLs to the CLBC branches, or to the LawMatters collection at their local library.

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grantsapproved LAW FOUNDATION OF BRITISH COLUMBIA

$90,000 FORT ST. JOHN WOMEN’S RESOURCE SOCIETY Poverty Law Advocacy Program $90,000 KAMLOOPS AND DISTRICT ELIZABETH FRY SOCIETY Poverty Law Advocacy Program

Outlined below is a list of grants adjudicated at the June 23, 2018 Board of Governors’ meeting.

Funding totalling $5,280,000 was approved for the following 24 continuing programs: $2,245,000 BC COURTHOUSE LIBRARY SOCIETY Operating Grant $330,000 GREATER VANCOUVER LAW STUDENTS’ LEGAL ADVICE SOCIETY Law Students’ Legal Advice Program $300,000 DISABILITY ALLIANCE BC SOCIETY Advocacy Access Appeals Program & CPP Disability Advocacy Program $275,000 BC BRANCH OF THE CANADIAN BAR ASSOCIATION Dial-A-Law, Lawyer Referral Service & Law Week $190,000 ECOJUSTICE CANADA SOCIETY BC Litigation Program ABBOTSFORD COMMUNITY SERVICES SOCIETY $180,000 – Regional Community Legal Advocacy Program $120,000 – Legal Advocacy Program $180,000 KETTLE FRIENDSHIP SOCIETY Mental Health Legal Advocacy Program $180,000 TOGETHER AGAINST POVERTY SOCIETY Legal Advocacy Program $130,000 MPA – MOTIVATION, POWER & ACHIEVEMENT SOCIETY Court Services Program $95,000 NELSON CARES SOCIETY The Advocacy Centre – Poverty Law Advocacy $90,000 ACTIVE SUPPORT AGAINST POVERTY Legal Advocacy Program $90,000 CHIMO COMMUNITY SERVICES SOCIETY Outreach & Advocacy Program $90,000 CONTACT WOMEN’S GROUP SOCIETY Legal Advocacy Program

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$90,000 KI-LOW-NA FRIENDSHIP SOCIETY Aboriginal Legal Advocate Program $90,000 MOSAIC Legal Advocacy Program $90,000 NICOLA VALLEY COMMUNITY JUSTICE SERVICES SOCIETY Nicola Valley Advocacy Centre $90,000 PENTICTON AND AREA ACCESS SOCIETY Poverty Law Advocacy Program $90,000 PORT ALBERNI FRIENDSHIP CENTER Outreach Legal Advocacy Program $80,000 SOUTH PEACE COMMUNITY RESOURCES SOCIETY South Peace Outreach Legal Advocacy Program $50,000 SOCIAL HEALTH & ECONOMIC DEVELOPMENT SOCIETY OF BELLA COOLA Bella Coola Legal Advocacy Program

$50,000 RISE WOMEN’S LEGAL CENTRE Family Law Intake & Triage Coordinator $50,000 SIMON FRASER UNIVERSITY – CANADIAN DRUG POLICY COALITION Building a Regulatory Framework for Currently Illegal Drugs in Canada $50,000 SOURCES COMMUNITY RESOURCES SOCIETY Modified Legal Representation Program $50,000 THOMPSON RIVERS UNIVERSITY Truth and Reconciliation Course in Law $50,000 UNION OF BC INDIAN CHIEFS Integrating Indigenous Laws into the Specific Claims Process $50,000 WEST COAST ENVIRONMENTAL LAW ASSOCIATION Revitalizing Indigenous Law for Land, Air and Water (RELAW) 2018 Learning Sessions $50,000 WEST COAST LEAF ASSOCIATION Putting Families First: Reforming Child Protection in BC $46,000 CANADIAN MENTAL HEALTH ASSOCIATION – BC DIVISION Human Rights and the Social Determinants of Mental Health

$25,000 PROVINCIAL COURT OF BC Provincial Court Judicial Internship Circuit Court Program

$46,000 JUSTICE INSTITUTE OF BC Examining Proposed and Existing Presumptive Legislation in the Context of Mental Health and Public Safety Personnel

Funding totalling $1,000,000 was approved for the following 28 projects:

$40,000 PIVOT LEGAL SOCIETY Legal Rights Education for Advocates, Law Enforcement, and People Experiencing Poverty and Relying on Public Spaces in BC

$50,000 Action Committee on Access to Justice in Civil and Family Matters Strengthening the Action Committee’s National Co-ordination on A2J $50,000 BC CIVIL LIBERTIES ASSOCIATION Indigenous Restorative Justice for Complaints Against the RCMP Project $50,000 BC LAW INSTITUTE Modernizing the Child, Family and Community Services Act $50,000 COWICHAN TRIBES LALUM’UTUL’ SMUN’EEM Cowichan Tribes’ Indigenous Child Wellness Justice Project $50,000 LEGAL SERVICES SOCIETY Indigenous PLEI $50,000 NATIVE COURTWORKER & COUNSELLING ASSOCIATION OF BC Significant Steps Forward $50,000 PEOPLE’S LAW SCHOOL SOCIETY Increasing A2J: Communicating “Unbundling” to the Public

$35,000 ATIRA WOMEN’S RESOURCE SOCIETY Access to Justice Through Legal Incubation: Supporting Women Lawyers to Provide Access to Justice for Women $32,000 WEST COAST PRISON JUSTICE SOCIETY Prisoner Legal Education Project $20,000 ACCESS PRO BONO SOCIETY OF BC 2018 Accessible Practice CLE and National Pro Bono Conference $20,000 DOCUMENTARY MEDIA SOCIETY (DOXA DOCUMENTARY FILM FESTIVAL) Vancouver Podcast Festival, “True Crime, True Justice” $15,000 UNIVERSITY OF BRITISH COLUMBIA LSLAP Expanded for Credit Program $14,000 ELIZABETH FRY SOCIETY OF GREATER VANCOUVER Strengthening the Protective Environment for Children of Parents in Conflict with the Law

LAW FOUNDATION OF BRITISH COLUMBIA

$10,000 YOUTH PARLIAMENT OF BRITISH COLUMBIA ALUMNI SOCIETY British Columbia Youth Parliament $7,000 GREATER VANCOUVER LAW STUDENTS’ LEGAL ADVICE SOCIETY LSLAP Criminal Code, Section 684 Applications Project $6,000 CEREBRAL PALSY ASSOCIATION OF BC Human Rights and Duty to Accommodate for Youth with Disabilities in the Workplace $6,000 KELOWNA COMMUNITY RESOURCES SOCIETY Canadian Law and Your Rights $3,000 KAMLOOPS BAR ASSOCIATION History of the Kamloops Bar (2nd Edition) Funding totalling $1,380,000 / $89,000 was approved for the following six multiyear family law advocacy programs:

CBABC MENTORSHIP PROGRAM

Calling All Lawyers: Share Your Knowledge, Be a Mentor Mentorship is among the most rewarding ways to give back to your legal community.

Together with all three BC law schools, CBABC is ready now to welcome you as a volunteer mentor in our Student Mentorship Programs beginning in September at University of British Columbia, Thompson Rivers University and the University of Victoria.

If you’re enthusiastic about sharing your knowledge and expertise with young legal minds in BC, we encourage you to consider giving your time to mentoring law students.

Mentors from all walks of life are needed, including women lawyers and Indigenous lawyers, to offer students guidance and support in their legal education and career planning.

WACHIAY FRIENDSHIP CENTRE $247,500 – Family Law Advocacy Services $30,000 – One-Time Set-up Costs – Family Law Program

Share your knowledge as a mentor and join the next generation today at cbabc.org/ mentorship.

FORT ST. JOHN WOMEN’S RESOURCE SOCIETY $232,500 – Family Law Advocacy Program $30,000 – One-Time Set-up Costs – Family Law Program MAPLE RIDGE/PITT MEADOWS COMMUNITY SERVICES $232,500 – Family Law Advocacy Program $12,000 – One-time St-up Costs – Family Law Program SHARE FAMILY AND COMMUNITY SERVICES $232,500 – Family Law Advocacy Program $12,000 – One-time Set-up Costs – Family Law Program CHIMO COMMUNITY SERVICES SOCIETY $232,500 – Family Law Advocacy Services $5,000 One-time Set-up Costs – Family Law Program $202,500 UNIVERSITY OF VICTORIA Family Law Advocacy Program Funding totalling $862,000 was approved for the following four grants: $570,000 TOGETHER AGAINST POVERTY SOCIETY Poverty Law Lawyer $127,000 PEOPLE’S LAW SCHOOL SOCIETY Dial-A-Law Transfer and Modernization Project – Phase 1 $90,000 OPPORTUNITIES CAREER SERVICES SOCIETY Poverty Law Advocacy Project $75,000 BC BRANCH OF THE CANADIAN BAR ASSOCIATION Rural Education and Access to Lawyers (REAL) Initiative

AWARD NOMINATIONS

2018 Georges A. Goyer, QC Memorial Award for Distinguished Service Nominations are now open for this annual award recognizing exceptional contributions to BC’s legal profession, to jurisprudence in British Columbia or Canada, to the law or development of law in BC or to providing a significant law-related benefit to BC residents.

(L-R): 2017 award recipient, John Waddell, QC with Bill Veenstra, CBABC President

Nominations are due by Friday, September 28, 2018.

Go to cbabc.org/awards for the nomination form and eligibility details.

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news&events CBA NATIONAL BLOG

NEWS

WLF BC Update

Take Care of the Foreign Caregivers: Recommendations for the IRCC

On June 7, 2018, WLF BC hosted a successful Fraser Valley Spring Mingler at the Glass House Estate Winery. More than 50 attendees enjoyed our second Fraser Valley event, and plans are in place for more events in 2018-19.

The 2017-18 year concluded with the AGM at the Law Courts Inn on June 12, 2018. The evening featured a talk by recently appointed to the Bench and long-time supporter of the WLF BC, Madam Francesca Marzari.

WLF BC is looking forward to the 2018-19 year, which will feature many more events, kicking off with Hot Tips from Hot Mentors event and WLF BC members participating in the Ovarian Canada Cancer Walk of Hope on September 9, 2018. The Walk of Hope is a family-friendly event and raises vital funds to provide support, raise awareness, and fund much-needed research for ovarian cancer. If you want to join the WLF BC team (friends, family, colleagues and clients are also welcome) please sign up at: bit.ly/2MyCCpV.

Foreign caregivers and personal care workers face an onerous process to get into the country, let alone to bring their families, renew their work permits, and get on the permanent resident track, says the CBA’s Immigration Law Section.

All of these areas and more should receive special consideration by Immigration, Refugee and Citizenship Canada’s (“IRCC”) current review of the Caregiver Pathways, which are due to expire in November 2019. The government has committed to establishing an improved pathway to permanent residence for caregivers.

The Section’s letter to the IRCC followed a conference call with the department in May as part of its informal consultations with stakeholders. The Section made comments on five specific topics: labour market impact assessments, work permits, eligibility and application for permanent resident status, transition program, and enactment by regulation versus ministerial instruction.

The Section argues that the Labour Market Impact Assessment process is unnecessarily onerous for employers, particularly the mandatory advertising component, which it says is not required in a market where there is a shortage of qualified caregivers and a lack of competition among job-seekers.

Read more uuu

NEWS

CLEBC Update SMALL CLAIMS RESOURCES FROM CLEBC Small claims processes are invaluable access to justice resources.

CLEBC offers two publications to help provide you with the special set of knowledge and abilities required for success in Provincial Court civil proceedings.

Provincial Court Small Claims Handbook offers a meticulous review of all the unique steps in a small claims action.

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With this procedure-focused resource, you will be able to: make informed decisions on jurisdiction; draft small claims pleadings with all of the right information; confidently prepare and defend pre-trial applications; and effectively conduct trials and bring appeals.

Our companion publication Small Claims Act & Rules: Annotated sets out the complete text of the Small Claims Act and Rules with annotations of the most important case law under each section. With this resource, you will be able to:

efficiently

find the text to the Rule or section of the Act that you need; quickly search for key decisions summarized by leading practitioners; and be informed on the latest cases and changes to the Act and Rules.

Buy your copies and be small claims capable today!

For more information, please call CLEBC customer service at 604-893-2121 or visit cle.bc.ca.

professionaldevelopment

WEBSITE: CBAPD.ORG \\EMAIL: PD@CBABC.ORG \\

PROFESSIONAL DEVELOPMENT ROUND-UP 2017/2018

CBABC Professional Development hosted 33 programs this term, 12 of which were hosted as webinars. The CBABC joined with your Local County Bar Associations to bring you more than 120 distinguished guest speakers, offering 112 hours of CPD, 50 of which counted toward your required ethics, professional responsibility and practice management component for your Law Society of BC reporting.

We would like to take this opportunity to thank the CBABC Professional Development Committee, our seven Local County Bar Association partners, the Department of Justice Canada, and our nine partnering Sections (see Sections BarTalk column). These partners play an integral part in developing Professional Development programming past and present, and we look forward to building upon these relationships to bring PD to your community in 2018/2019.

Featured Programs from 2017/2018 The CBABC hosted a variety of webinars on developments in the legal community this term, a few of which are summarized below.

If you missed the opportunity to watch these webinars live, you can purchase recordings by visiting CBABC On-Demand.

Anatomy of a Document: How to Assess, Organize, and Submit for Trial | NOV. 29, 2017 This was one of our most popular webinars we hosted this term, inviting our panel of expert speakers to provide counsel with practice tips on: assessing the evidentiary value of case documents; how to use technology to organize documents for trial to maximize documentary priorities and efficiency; and the Dos and Don’ts of submitting documents at trial. An attendee commented that one of the most valuable aspects of the presentation was learning about the “traps and issues that may arise in documentation preparation.”

Budding New Law: The Cannabis Potential |

MAY 2, 2018 Our most soughtafter webinar of the term was a review of the landscape of the proposed cannabis laws, and their regulation and control. The proposed cannabis laws in BC and other jurisdictions were thoroughly examined, and industry issues considered.

The speakers took an in-depth look into what firms can and cannot do, with an emphasis on local government and business. The presentation provided an enhanced understanding of jurisdictional responsibilities, local government considerations, enforcement/regulatory considerations, and information about packaging/marketing. Given how quickly these laws are being passed it is very helpful to have reviews and opinions about the legislation from experienced counsel in the area.

It’s a New Dawn, It’s a New Day: WESA – The Court’s Curative Power | MAY 24, 2018 The CBABC has been covering WESA since it came into force in 2014, covering topics about WESA and new probate rules, will drafting,

and litigation. For the first time, the BC Court of Appeal, in Hadley Estate (Re), 2017 BCCA 311, considered section 58 of WESA, which permits the courts to cure defective wills.

One of the lead counsels for the individual respondents in Hadley was joined by practitioners to discuss the operation of section 58 and how it may apply to handwritten wills, electronic wills, audio wills, or other non-traditional wills.

Upcoming Program 50 Shades of Privacy: What Every Lawyer Needs to Know about Protecting Private Information | SEPT. 6, 2018 As privacy legislators are trying to catch up with technology, lawyers need to know how to protect their law practices, how to advise public and private clients about protocols required to protect personal information, and the serious consequences and penalties for breaches of privacy legislation. From large corporations to lawyers’ own practices, this webinar will look at the current federal and provincial legislation and address the significant legislative changes to be implemented in November 2018.

Register today!

CPD On-Demand – When there are not enough hours in the day!

Are you looking to complete your mandatory CPD and ethics requirements but can’t seem to find the time? CBABC’s CPD On-Demand offers you a wide selection of previously-recorded programming with self-paced quizzes that are accessible to members and non-members. uuu Visit our user-friendly CPD On-Demand site today and get your access to a library of webinars in an instant!

AUGUST 2018 / BARTALK

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career opportunities FINANCIAL SERVICES LAWYER | 3 – 5 YEARS | VANCOUVER

Our client, a full-service national law firm with a burgeoning Financial Services group in Vancouver, is looking to hire an experienced associate in this space. You will ideally have 3-5 years of top-shelf experience in banking or financial services law. For more information or to apply, please contact Mike Race at mrace@zsa.ca, quoting reference #BT28133.

ESTATE PLANNING ASSOCIATES | 3 – 10+ YEARS | VICTORIA

Our client is a specialist boutique law firm in Victoria. They are currently on the hunt for two lawyers to join their team. The firm specializes in solicitor-side work across business succession planning, personal estate planning, wealth preservation, and establishing or amending trusts. Ideally they are looking for an associate with 3 – 7 years of experience in this area, as well as a more senior practitioner (10+ years) to work closely with the very busy principal. The firm offers exceptional administrative support and a collegial tight-knit environment. This is also a great opportunity for a sole practitioner or small group that wants to join a high-performing team. For more information or to apply, please contact Mike Race at mrace@zsa.ca, quoting reference #BT28169.

IN-HOUSE LITIGATION LAWYER | 5-8 YEARS | SURREY/LANGLEY

We are working with a successful, highly diversified private company based in Surrey/Langley, now looking for a confident and competent litigator with a general litigation background to join their high performing legal team. You will need to be comfortable running complex trials, or at least have experience as second chair on complex trials and are now ready to now step up and take the lead. In addition to general litigation experience, some knowledge around environmental law would be considered an asset. For more information or to apply, please contact Mike Race at mrace@zsa.ca, quoting reference #BT28113.

CORPORATE COMMERCIAL LAWYER | 2-4 YEARS | VANCOUVER

Our client, a top-tier firm in Vancouver, is looking to hire a business associate to join their thriving team. The ideal candidate will have between 2-4 years’ experience in corporate commercial law – having familiarity with construction law and P3 is considered favourable. For a talented solicitor, this is an opportunity to focus your outstanding technical abilities on very interesting work in a supportive and collegial environment. For more information, or to apply, please contact Amrit Rai at arai@zsa.ca, quoting reference #BT27972.

SECURITIES ASSOCIATE | 3-5 YEARS | VANCOUVER

Our client is a leading law firm with an already high-performing and well regarded corporate practice, both in Vancouver and nationally. They are looking at further growth of their Vancouver team with a Securities Associate to join their busy Vancouver practice. The ideal candidate will be a 3-5 year call and will be a driven, entrepreneurial individual with solid expertise in securities (specifically in investment management work and funds). The client would be open to a general securities associate if they are a star. Our client offers a competitive compensation and benefits package, as well as the freedom to use the platform and grow and develop. For more information, or to apply, please contact Amrit Rai at arai@zsa.ca, quoting reference #BT27971.

SENIOR INSURANCE LAWYER (CONTRACT) | 3-20 YEARS | VANCOUVER

Our client is a leading national law firm situated in downtown Vancouver. They are seeking a senior insurance lawyer to join their firm on a contract basis. As a candidate, you will have between 3-20 years’ experience in insurance defence and other complex insurance claims. You must be able to work well unsupervised and under pressure, and be a driven, focused and passionate litigator. For more information, or to apply, please contact Amrit Rai at arai@zsa.ca referencing job number #BT27970.

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barmoves Who’s Moving Where and When

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Cathie Brayley

Drummond Lambert

joined Miller Thomson’s Vancouver office as a partner in the Tax group.

Cathie has worked with clients through all types of tax complexities.

joined Harper Grey as an associate in their Commercial Litigation and Construction & Engineering groups.

Roark Lewis

Paul Saunders

joined Miller Thomson’s Vancouver office as an Associate in the commercial litigation group. His litigation work has included contractual and business disputes, residential tenancy matters, and strata disputes.

joined Harper Grey as an associate in their Health and Insurance Law groups.

Dale R. North

Andrew Tang

has become a Shareholder of Davison Law group. Dale is a solicitor who assists individuals and corporations on all aspects of their business needs and works on select litigation files.

joined Harper Grey as an associate in their Health, Environmental and Securities Law groups.

Erika Decker

Frances T. Gropper

joined Harper Grey as an associate in their Health and Insurance Law groups.

joined Branch MacMaster LLP as an associate practising primarily in the area of class actions.

Kirsten Rogerson

Kalila Wilkinson

joined Harper Grey as an associate in their Commercial Litigation and Family Law groups.

joined Branch MacMaster LLP as an associate after completing her articles with the firm. Kalila has appeared before the Provincial and Supreme Courts of British Columbia and was seconded to assist on the defence of a criminal trial.

BARTALK / AUGUST 2018

Bar Moves space is at a premium and available free to members a Bar Moves is free for CBABC members,for but space is limitedon and first-come first-served basis, so send your Bar Move (max. words) offered on a first-come, first-served basis.

Send your30 30-word and a high-resolution photo to bartalk@cbabc.org now.

Bar Move and headshot high-res headshot to: bartalk@cbabc.org.

TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1804.

CBABC.ORG/BT/BM_1808.

Carol ?

Bai joined ?

Miller Thomson’s Vancouver office as an associate in the Corporate/M&A group.

newmembers May & June 2018 Associate Claire O’Neil

Sukhdarshan Singh Kaile

Lawyers

Mandeep S. Kular

Kang & Company Surrey

Kiranjit Cheema

joined ?

North Shore Law LLP as an associate in the solicitors practice group. Jonathan practises primarily in the areas of business law, estate planning and commercial and residential real estate.

Brenda Lansdowne

Chantelle Coulson

Desiree Lee

Patten Thornton Chilliwack

Department of Justice Canada Vancouver

Emily Csiszar McMillan LLP Vancouver

joined ?

North Shore Law LLP as an associate in the Personal Injury/ Insurance Defence Practice group.

Ewan & McKenzie Golden

Brent Desruisseaux

Jones & Company Nanaimo WorkSafeBC Richmond

Kelly Lindsay

Woodward & Company LLP Victoria

Mark J. Lively

Farris, Vaughan, Wills & Murphy LLP Vancouver

Deepka Luddu

Brooke A. Fernandes

Triton Law LLP Surrey

Riminder Gakhal

Fasken Vancouver

Cameron Glazier

Campbell Froh May & Rice LLP Richmond

McQuarrie Hunter LLP Surrey McLarty Wolf Vancouver

David MacLean Arondeep S. Mand

Johns Southward Glazier Walton & Margetts Victoria

Charlene McLaughlin

Nikki Graham

Hiram Ng

Lotz & Company Vancouver

Justin T. Hatfield

Norton Rose Fulbright Canada LLP Vancouver

Raminder Hayre

Ardenton Capital Corp.

Vancouver Sangra Moller LLP Vancouver

Megan O’Neill

Farris, Vaughan, Wills & Murphy LLP Vancouver

Surrey

Stephanie Ovens

Colwood Crown Colwood

Greg Phillips

Tamara Hodge joined ? the Business Law group of Harper Grey LLP. Drew was called to the BC Bar in 2005.

Joshua Lai

Nicholas Cooper

Nathan ?

Rayan

Drew ?

Lawrenson

McQuarrie Hunter LLP Surrey Norton Rose Fulbright Canada LLP Vancouver

Fraser Litigation Group Vancouver

joined ?

Kahn Zack Ehrlich Lithwick LLP as associate counsel in their Civil Litigation group.

Wyper Law Penticton

Kiran Cheema Law Corp.

Langley

Sarah Denholm

Angela ?

Folino

Fasken Surrey

Dentons Canada LLP Vancouver

Rajveer Atwal

Jonathan ?

Vroom

Kareem Jetha

Mahshid Hoseini

Connect Family Law Vancouver

Kelora Howell

Laughlin & Company Port Coquitlam

Matthew S. Hulse

Woodward & Company LLP Victoria

DLA Piper (Canada) LLP Vancouver Johnston Franklin Bishop Nanaimo

Paul Pietrusinski

ICBC-Claims Legal Services Department-Surrey Surrey To view all new members, please visit cbabc.org/bt/nm_1808.

AUGUST 2018 / BARTALK

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AME

Go places. Lots of places.

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The 2018 GLC 300 4MATIC. Total price starts at $49,165.* As a member of the CBABC, you are entitled to an exclusive offer.

For more details, mbvancouver.ca/corporate-fleet The 2018 GLCvisit 300 4MATIC. Total price starts at $49,165.* As a member of the CBABC, you are entitled to an exclusive offer.

For more details, visit mbvancouver.ca/corporate-fleet

For more information on Special Corporate Sales Offers, call Randall Desbrisay at 604-351-5290 or email randall.desbrisay@mercedes-benz.ca Mercedes-Benz Boundary Mercedes-Benz North Shore Mercedes-Benz Richmond Mercedes me Mercedes-Benz Vancouver 3550 Lougheed Highway, 1375 Marine Drive, 5691 Parkwood Way, Aberdeen Centre, 550 Terminal Avenue, Vancouver | D#6279 North Vancouver | D#6277 Richmond | D#6278 Richmond | D#6278 Vancouver | D#6276 For more information on Special Corporate Sales Offers, call Randall Desbrisay at 604-351-5290 or email randall.desbrisay@mercedes-benz.ca Open Sunday: 12pm – 5pm Open Sunday: 12pm – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 7pm ©2018 Mercedes-Benz Canada Inc. Shown above is the 2018 GLC 300 4MATIC with optional equipment andNorth wheels.

National MSRP startsMercedes-Benz at $45,900. TotalRichmond price starts at $49,165, which includesme freight/PDI of Mercedes-Benz Boundary Mercedes-Benz Shore Mercedes Mercedes-Benz Vancouver $2,595, documentation of $75.Highway, Vehicle options, fees and taxes Vehicle are extra.Way, Dealer may lease or financeAberdeen for less. Offer may change 3550 Lougheed 1375extra.

Marine Drive,license, insurance, and registration 5691 Parkwood Centre, 550 Terminal Avenue, fee of $595, and fuel surcharge without notice.

Visit mbvancouver.ca or your local Mercedes-Benz full details| or call the Mercedes-Benz Vancouver Care at 604-351-5290. Richmond | D#6278 | D#6276 | D#6279Vancouver Retail Group store | D#6278 Vancouver Northfor Vancouver RichmondCustomer Vancouver D#6277 Open Sunday: 12pm – 5pm Open Sunday: 12pm – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 7pm ©2018 Mercedes-Benz Canada Inc. Shown above is the 2018 GLC 300 4MATIC with optional equipment and wheels. National MSRP starts at $45,900. Total price starts at $49,165, which includes freight/PDI of $2,595, documentation fee of $595, and fuel surcharge of $75. Vehicle options, fees and taxes extra. Vehicle license, insurance, and registration are extra. Dealer may lease or finance for less. Offer may change without notice. Visit mbvancouver.ca or your local Mercedes-Benz Vancouver Retail Group store for full details or call the Mercedes-Benz Vancouver Customer Care at 604-351-5290.

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RETURN REQUESTED TO: The Canadian Bar Association, BC Branch, 10th Floor, 845 Cambie Street, Vancouver, BC V6B 5T3

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