BarTalk | October 2019 by The Canadian Bar Association, BC Branch

OCTOBER 2019 | bartalkonline.org

50th Anniversary Celebration

CANADIAN PHILANTHROPY | THE REAL BENEFIT OF LFBC FUNDING

FROM THE PRESIDENT KEN ARMSTRONG

Making Connections The value of community

“

Look to your left, and look to your right. One of you won’t get an articling position.”

That was the admonition I got back in law school. Today’s attrition rates for young lawyers suggest an update is required – one of the three of you will leave the profession within five years of your call. I had the opportunity to address the law students of Thompson Rivers University at their Welcoming Assembly on September 3, 2019. I spoke to them about overcoming adversity by staying connected and engaging within the legal community. As many do, I struggled in my early years in practice. I was making mistakes. I was at risk of being part of the attrition plaguing the profession. However, I was fortunate enough to be heavily engaged in CBABC activities. I was a chair of a Young Lawyers Section and served on the Branch Executive Committee. I made lasting personal connections within the profession, including many senior counsel from across the country. I realized one of the key values of CBA membership was the ability to connect within different communities: Sections, forums, committees and Provincial Council – all had opportunities to meet professional colleagues away from files. I often speculate whether I would be in the profession, let alone the lawyer I am, if I had not taken the opportunity to volunteer within the CBA. The most obvious community within the CBABC is a Section. There are 2

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more than 75 Sections in British Columbia covering 49 topics, including 44 substantive law areas from Administrative Law to Wills and Trust, and five other interest areas from the Aboriginal Lawyers Forum to the Young Lawyers Sections. Some Sections have regional groups across the province: for instance, seven Family Law Sections from Victoria to Kamloops and the Okanagan. Section meetings connect you with colleagues in an informal setting while delivering professional development credits. Sections are also a great opportunity for volunteerism within the CBA, as all Sections have executive committees that plan the year’s speakers, events and

I often speculate whether I would be in the profession, let alone the lawyer I am, if I had not taken the opportunity to volunteer within the CBA. legislative engagement. Our Sections are a foundational resource for subject area expertise for the Branch in developing CBABC policy. CBABC has over a dozen committees, mostly dealing with either policy and advocacy work or member services and engagement work. These committees, typically of seven people, are populated every summer.

Another way to connect is through mentoring. CBABC has several mentoring programs with all three BC law schools, the Aboriginal Lawyers Forum and the Women Lawyers Forum. Done right, mentorship can be a rewarding experience for both the mentor and the mentee. I encouraged the law students at Thompson Rivers University to take full advantage of these opportunities, and I encourage all of you do so as well. There are many other great communities within the justice sector that provide opportunities for volunteerism. This issue focuses on one of them, the Law Foundation, on their 50th anniversary. I offer my warmest congratulations to them for their wonderful work over the last half century. The issue of retention in the profession is quite complicated. However, it is my view that young lawyers, and indeed all lawyers, will get a greater sense of personal satisfaction within the practice if they connect with their colleagues outside of files. I know my volunteerism within CBABC keeps me energized and engaged. I encourage you to explore these opportunities and get connected!

Ken Armstrong

president@cbabc.org

OCTOBER 2019

VOLUME 31 / NUMBER 5

Contents

Departments

FROM THE PRESIDENT Making Connections by Ken Armstrong

EXECUTIVE DIRECTOR The REAL Benefit of the Law Foundation Funding by Kerry Simmons, QC

10 INDIGENOUS MATTERS The Law Foundation of BC Pledges $5 million to UVic Law by Susan Breau 11

Partnering with Indigenous Communities to Keep Indigenous Children Out of Care by Frances Rosner

12 NOTHING OFFICIAL Can You Fix Stupid? by Tony Wilson, QC 26 PRACTICE TALK Time for Change in Legal Regulation by David J. Bilinsky 27 DAVE’S TECH TIPS

Sections

SECTION UPDATE Solicitors’ General Practice Family Law – Okanagan Immigration Law Aboriginal Lawyers Forum

Features 5

THE PROVINCE AND THE LAW FOUNDATION by David Eby

HISTORY OF THE LAW FOUNDATION OF BRITISH COLUMBIA & THE 50TH ANNIVERSARY CELEBRATION by Wayne Robertson, QC

ACCESS TO JUSTICE THROUGH CLASS ACTIONS by James Sullivan, QC

16 AN INDEPENDENT VOICE FOR CHILDREN by Suzette Narbonne 18 A BOLD ACT OF CANADIAN PHILANTHROPY by Al Etmanski

Inside This Issue Brown v. Inland Revenue Commissioner shook up the common law – lawyers were not entitled to interest derived from trust funds! In response, the Legal Profession Act was amended in 1969, to reflect the New South Wales’ practice of paying interest from lawyers’ trust accounts to a foundation. The Law Foundation of British Columbia (“LFBC”) is the first foundation of its kind in North America. Since its establishment, every province, territory and state has formed a similar body, which have collectively granted over $1 billion. Read on to learn about the 50-year legacy of LFBC, much of which has occured under the careful watch of its outgoing director, Wayne Robertson, QC. Authors include The Honourable David Eby, QC and Susan Breau of UVic Law. Topics include UVic’s joint commonlaw / Indigenous-law program, the formation of LFBC, LFBC’s receipt of cy-près awards, and the creation of the Child and Youth Legal Centre and Registered Disability Savings Plan. — Brandon D. Hastings, BarTalk Chair, co-founder of Vancouver Legal Hackers and founder of The Justice Hack

News and Events 4 2019 Canadian Conference on Elder Law Call for Applications for Judicial Appointments 19 2019-2020 Executive Committee BarTalk’s New Website 20 Disruption is Coming to Retail Law WLF BC News 21 2019 Bench & Bar Dinner 22 Tips from Courthouse Libraries BC CLEBC Update 23 BC Legislative Update Branch & Bar Calendar

Also in This Issue

24 28 29 30

LAW FOUNDATION OF BC PROFESSIONAL DEVELOPMENT DISPLAY ADS BAR MOVES OCTOBER 2019 / BARTALK

news&events BARTALK EDITOR

Deborah Carfrae

UPCOMING CONFERENCE

2019 Canadian Conference on Elder Law

EDITORIAL BOARD CHAIR

Brandon Hastings

EDITORIAL BOARD MEMBERS

Bridging the Gap: Elder Law for Everyone

Tonie Beharrell Eryn Jackson Greg Palm Lisa Picotte-Li Randy Robinson Crystal Tomusiak Sean Vanderfluit

Date: November 14-15, 2019 Location: The Pan Pacific Hotel, Vancouver Program: bit.ly/bt1019p4-1 Register: bit.ly/bt1019p4-2

BARTALK SENIOR EDITOR

Carolyn Lefebvre

STAFF CONTRIBUTORS

Travis Dudfield Kent Hurl Christopher LaPrairie Arianne Moran Sanjit Purewal Stuart Rennie Kerry Simmons, QC 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. BarTalk is produced on the traditional and unceded territory of the Coast Salish peoples, including the territories of the Musqueam, Squamish and Tsleil-Waututh Nations. © Copyright the British Columbia Branch of the Canadian Bar Association 2019. 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 7,200 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.

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NOTICE TO THE PROFESSION AND PUBLIC

Call for Applications for Judicial Appointments as Part-Time Judicial Justice of the Provincial Court of BC The Judicial Council of BC is looking for applicants who have had a minimum of five years active practice as a lawyer in Canada (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. British Columbia’s judicial justices are judicial officers who exercise authority under various provincial and federal laws. They are assigned a variety of duties by the Chief Judge. Some judicial justices preside in courtrooms throughout the province, hearing traffic matters and ticketable offences under provincial laws, as well as municipal bylaw matters. They may also conduct small claims payment hearings. Others are assigned judicial duties at the Justice Centre, where they consider search warrant applications and hear applications for detention or bail. More info uuu bit.ly/bt1019p4-3

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DAVID EBY, QC, ATTORNEY GENERAL

The Province and the Law Foundation Partners in creating positive change

y relationship with the Law Foundation of BC (“Law Foundation”) is a long one, running for as long as I’ve worked in the law in British Columbia. My first-year summer job at the BC Civil Liberties Association, writing their Arrest Handbook, was funded by the Law Foundation. On leaving my job at the Federal Department of Justice, I led Pivot Legal Society’s housing law project – another Law Foundation funded project. While I was Executive Director at the BC Civil Liberties Association, the organization depended on “core funding” and project funding from the Law Foundation. It’s clear that the Law Foundation deserves the credit – or the blame – for my legal career to date. But far more importantly, I am very grateful to them, as well as to all lawyers in the province, for allocating the interest from trust accounts in a way that made a real and meaningful difference in the lives of so many of my clients, and the injured, traumatized, and too often invisible clients of hundreds of advocates, law students, and lawyers across BC. I had thought that on becoming Attorney General, my relationship with the Law Foundation would come to a bittersweet close. Happily, as Attorney General, I find myself working more closely than ever with this critically important

organization, thanks to the provincial network of advocates they have built, trained and supported. Without the Law Foundation, it would take the province years to set up a network of legal aid poverty-law clinics across the province – a key goal of our government as part of our poverty-reduction strategy and our efforts to improve life for British Columbians. Amazingly, thanks to our partnership with the Law Foundation, in months instead of years, we have been able to allocate $2 million in funding for eight new legal clinics across British Columbia that will be hiring and opening this fall. This ambitious goal will only be achieved

It’s clear that the Law Foundation deserves the credit – or the blame – for my legal career to date. because we are able to build on the experience and effective delivery models pioneered and honed by the Law Foundation. Thanks to a separate partnership with the Law Foundation, the province has been able to leverage a new annual grant of $358,000 into much

greater impact by supporting the provision of increased front-line advocacy services at Law Foundation funded advocacy offices across the province. Without the Law Foundation’s existing network, we’d be starting from scratch and spending that money (and more) on administration to just get things started. We have so many exciting things going on in the province to increase access to justice – and although these are provincial initiatives, it’s rare to find a provincial project underway that doesn’t have some aspect that relies on the Law Foundation’s expertise and outreach. As just one example of a critically important intervention, the Law Foundation stepped up to provide funding for meals for Elders who work on our growing First Nations courts in the province – a funding requirement that had been missed and needed to be fixed urgently. I am very grateful to the Law Foundation for their continued partnership with British Columbia as we move to address the ongoing crisis of access to justice in our province – a problem that won’t be solved overnight, but which is far more amenable to solutions thanks to the efforts of the Law Foundation team. A very special thank you to outgoing Executive Director of the Law Foundation Wayne Robertson, QC for his years of service to the public interest in British Columbia, and a hearty welcome to Josh Paterson to fill Wayne’s big shoes at the Foundation. Good luck Wayne and Josh in your exciting new adventures! The Honourable David Eby, QC is the Attorney General and MLA for VancouverPoint Grey. OCTOBER 2019 / BARTALK

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WAYNE ROBERTSON, QC

History of the Law Foundation of British Columbia

efore 1964, lawyers in England and Scotland kept money they were holding on behalf of clients in an account marked “for clients,” and the lawyers kept the interest paid on those accounts. The Law Society of Scotland found the practise of lawyers earning interest on clients’ money acceptable, but the tax authorities did not. In the end, the House of Lords, in the case of Brown vs. Inland Revenue Commissioners, found that the interest did not belong to the lawyer. Subsequent to the Brown decision, common law jurisdictions around the world had to find a way of complying with this new statement of the law. In New South Wales, Australia, they decided to deal with the issue by creating a Law Foundation to receive the interest and use it for legal aid, legal education and legal research purposes. The Law Foundation of New South Wales was established in 1967. It was 1967, when Charles Braizier, QC, of Davis and Company (now DLA Piper) in Vancouver went to Australia and became aware of how New South Wales had dealt with this issue. When Mr. Braizier, who later became Treasurer of the Law Society, returned to British Columbia he informed his friends Arthur Harper, QC, and Kenneth Meredith (later Justice Meredith) about what New South Wales had done. They decided to recommend to the government that a Law Foundation be formed in British Columbia to collect and distribute the interest on lawyers’ trust accounts in that province. Mr. Harper has described travelling to Victoria by ferry to meet with the Attorney General to ask him officially 6

BARTALK / OCTOBER 2019

to change the Legal Profession Act to create the Law Foundation. In April 1969, The Law Foundation of British Columbia was formed. After receiving a loan of $100 from the Law Society to buy supplies and enlisting the administrative support of the local community foundation, the Law Foundation of British Columbia opened for business. Income in the first year was $50,031 and grants were made totalling $5,000. (Contrast with a high income of more than $50 million in 2007).

mandated areas of legal aid, legal education, legal research, law reform and law libraries. Since its inception, the Law Foundation of British Columbia has approved grants totalling more than $600 million to support important law-related programs in British Columbia. These 120 programs per year are supported by the current grants budget of $27,000,000:

network of 50 poverty law advocacy programs assisting people with their poverty law problems in communities around the province; a network of 25 family law advocacy programs; clinical legal education programs at all three law schools; a variety of public interest law programs; The Law Foun public legal dation of British education proColumbia was grams to educate the first ever Law the public about Foundation in Arthur Harper, QC and Justice Kenneth the law and their North America. E. Meredith with former chair of the Law rights; Foundation, Mary Mouat, QC. Since 1969, simi support for the lar foundations Legal Services Society and Courthave been established in every province, every territory, and every state house Libraries; in the United States and, each year, important work in law reform; and more than $400 million is raised to a number of other programs and promote access to justice. projects that contribute to enhancing the rule of law and access to Law Foundations in Canada, have justice in British Columbia. been through a number of changes since 1969: Thanks to the wisdom and foresight of its founders, the unwavering From 1971 to 1986, law foundasupport of the Bar over the last 50 tions were formed in all other Canyears, and the tremendous work of the adian jurisdictions, all by statute, Board and staff of the Law Foundation all with significant support from over the years, each year, millions of the legal profession. people access information about the In the beginning, law foundations law through Law Foundation funded received a set rate of interest on programs, and hundreds of thousands the money that was held; more reof people receive assistance to resolve cently, the return has been pegged their legal problems. to the prime rate. than $1 billion has been granted by Canadian law foundations since their inception in their

Wayne Robertson, QC, former Executive Director, Law Foundation of British Columbia.

The Law Foundation’s 50th Anniversary Celebration On June 14, 2019, approximately 400 people gathered to celebrate the Law Foundation’s 50th Anniversary. The group included: executive directors, advocates, staff lawyers and supervising lawyers for funded groups; present and former governors and staff; representatives from the Bench, Bar and Ministry of the Attorney General; and, many other stakeholders and partners of the Law Foundation such as staff from other Law Foundations, financial institutions, and various consultants. During the day, 200 EDs, advocates, staff lawyers and supervising lawyers, funded by the Law Foundation, met for a day-long training event.

Former executive directors of the Law Foundation, Jane McFadgen and Pat Pitsula.

Wayne Robertson, QC received the CBA President’s Medal from CBABC president Margaret Mereigh.

The reception panel included: Lynn Smith, QC, former chair of the Law Foundation Board; Nancy Merrill, QC, President of the Law Society of BC; The Honourable Chief Justice Christopher E. Hinkson, Chief Justice of the Supreme Court of BC; The Honourable David Eby, QC, Attorney General of BC; Geoff White, Chair of the Law Foundation of BC; and Mark Benton, QC, CEO of the Legal Services Society.

Nancy Merrill, QC, President of the Law Society of BC, speaking to the gathering.

Incoming ED of the Law Foundation of BC, Josh Paterson, with (from left to right): Heather Raven, QC, former chair of the foundation; Nancy Merrill, QC, President of the Law Society of BC; and Jan Lindsay, QC, and Zulie Sachedina, governors of the Law Foundation.

The Honourable David Eby, QC, Attorney General of BC, addressed both the training event and the evening reception.

The reception was well attended by many representatives from the legal and access to justice community.

Geoff White, Chair of the Law Foundation of BC, welcomed the crowd to the event.

Mark Benton, QC, CEO of the Legal Services Society; Johanne Blenkin, former CEO of Courthouse Libraries BC, and Rick Craig, former ED of Justice Education Society were in the crowd celebrating the Foundation’s 50th anniversary.

Associate Finance Director Jo-Anne Kaulius and Finance Director Helen Sawchuk.

Kasari Govender, former chair of West Coast LEAF and incoming BC Human Rights Commissioner with Veenu Saini, program director of the Law Foundation.

Deputy Attorney General Richard Fyfe, QC with two former members of the Law Foundation Board, Ombudsperson Jay Chalke, QC (governor); and Jane Morley, QC (chair). OCTOBER 2019 / BARTALK

EXECUTIVE DIRECTOR KERRY L. SIMMONS, QC

The REAL Benefit of the Law Foundation Funding

ince 2009, the Law Foundation of British Columbia (“Law Foundation”) has supported the Rural Education and Access to Lawyers (“REAL”) initiative of the CBABC. REAL was established to address the current and projected shortage of legal services available in rural and small communities by connecting second-year law students with legal employers in those areas for summer employment. The shortage of legal services was brought about by a combination of factors, primarily the aging of the profession, and the developing preference, or perhaps necessity, of new lawyers to practice in urban regions. The Law Foundation funding is distributed to employers to reduce the financial risk to these small firms and sole practitioners. To qualify for funding, employers must contribute their own funding to the student’s salary during the term and be prepared to offer articles to the student upon successful completion of the summer. Similarly, students in the program must demonstrate that they are likely to establish their future practice in a rural or small community. Initially REAL placed students in a wide range of small and rural communities, but in the past six years, placements are to high needs areas where retirements are imminent and there are few lawyers compared to the size of the population. The east coast of Vancouver Island, Prince Rupert, Castlegar, Fort St. John, Hazelton, and Osoyoos/Oliver are examples of high needs areas. One region that REAL targeted is the Cariboo. This large geographic area has three main centres, 100 Mile House, Williams Lake and Quesnel. 8

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REAL funded three students in each of 100 Mile House and Williams Lake. In 100 Mile House, the student in 2010 left and is practising in Fort McMurray. The two REAL placements in 2012 and 2014 went on to article, set up their practices and become partners of firms in 100 Mile House. Similarly, in Williams Lake, two of the REAL students still practice with the same firm, and one is now a partner. One third of experienced lawyers in the Cariboo region will start to wind down their practices. The addition of these new lawyers helps alleviate an access to justice crisis in the region. During the first nine years, REAL placed 111 students. Years later, 71 of those are lawyers practising law in rural and small communities. These lawyers point to REAL as the opportunity that enabled them to experience practice in a small

REAL is highlighted across Canada as a successful method to address the shortage of lawyers in rural and small communities. community, become good lawyers, rapidly develop client engagement skills, gain business knowledge, and help people with their everyday legal problems. The communities that have REAL students return to article and practice also experience benefits. Young lawyers may bring their families and friends (including other

professionals) to the community. They bring economic growth, buy homes and hire staff. They attract people from neighbouring communities who need lawyers. And they provide long-term access to justice for the community. In the summer of 2019, students worked in Hazelton, Masset, Fort St. John, Smithers, Revelstoke and Nelson. Not only did firms contribute funding, but also the Columbia Basin Trust matched funding for two positions. Interestingly, 75 students sought placements through REAL. With more employers and additional funding sources, imagine what change we might see. Want to know more? Contact realbc@cbabc.org. REAL is highlighted across Canada as a successful method to address the shortage of lawyers in rural and small communities and the initiative would not exist without our Law Foundation. The careful stewardship by its governors and staff of the funding and programs is one of the standouts in Canada. We are lucky in British Columbia to have this strength enabling ideas, programs and services that directly benefit British Columbians. CBABC members, particularly in these communities, are deeply appreciative of the Law Foundation’s understanding and belief in REAL and its sustained funding commitment to it.

Kerry L. Simmons, QC

ksimmons@cbabc.org

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JAMES SULLIVAN, QC

Access to Justice Through Class Actions Legislative amendments will enhance access to justice in BC

lthough much of the Law Foundation’s income is derived from interest on lawyers’ pooled trust accounts, the Law Foundation also receives money through cy-près settlements in class actions. Cy-près funds arise when some or all of a class action damages settlement or award cannot be distributed to the class members. This can occur when class members cannot be identified or notified of their entitlement, when they do not claim their share of the litigation proceeds, or when it is uneconomical to determine and distribute each member’s entitlement. It is reported that approximately $100 million has been distributed as fixed cy-près disbursements, in addition to an unknown amount of residual funds that have been distributed as cy-près. Rather than allowing the funds to revert to the defendant, some courts have adopted the doctrine of cy-près to allow for an alternative distribution. Cy-près means “as nearly as possible” and arose in administration of charitable trusts and bequests to prevent failure of gifts (often to religious organizations) due to the testator not accurately naming the beneficiary or due to subsequent events beyond the testator’s control. To help express the

testator’s piety, courts would direct the gift to another organization chosen to be as near as possible to the intended beneficiary. In class actions, the goal of the distribution of cy-près funds has been to provide indirect benefit to class members, to avoid unreasonably benefiting non-members of the class action and to avoid reversion to the defendant. Canadian courts have used their discretion to award the cy-près funds to organizations whose work

The Law Foundation’s mission is to “advance and promote a just society governed by the rule of law, through leadership, innovation and collaboration.” is aligned with the issues raised in the litigation. Courts have also determined that law foundations are suitable recipients of cy-près funds. The Ontario Superior Court in Markson v. MBNA Canada Bank

(2012 ONSC 5891) confirmed that “[t]he recipient of the cy-près distribution should either be directly connected to the issues in the class action... or like the Law Foundation [of Ontario] able to use the money to further the goals of the Class Proceedings Act.” The goal of providing access to justice, common to both class actions and the Law Foundation, led to amendments to the Class Proceedings Act, which mandate that at least 50% of all cy-près funds (other than those funds arising out of actions for damage or loss suffered primarily by Indigenous peoples of Canada) be directed to the Law Foundation. This provision is a first in Canada and applies to actions commenced after the amendment came into force on November 27, 2018. Judicial discretion remains to award the balance of the cy-près award to the Law Foundation or to any other appropriate recipient. Given the Law Foundation’s mission is to “advance and promote a just society governed by the rule of law, through leadership, innovation and collaboration” and its vision is “a society where access to justice is protected and advanced,” the amendment is a welcome development. The Law Foundation looks forward to continued receipt of cy-près funds to enhance access to justice for British Columbians or for Canadians across the country by way of a national distribution strategy. James Sullivan, QC is a partner at Blake, Cassels & Graydon LLP (Blakes) in Vancouver and is a Governor of the Law Foundation. OCTOBER 2019 / BARTALK

Indigenousmatters SUSAN BREAU

The Law Foundation of BC Pledges $5 million to UVic Law

Funding will help build national centre for Indigenous law

niversity of Victoria Faculty of Law (“UVic Law”) is at the leading edge of legal education in Canada and has become a world leader in Indigenous law. With the launch of the joint degree program in Canadian common law and Indigenous legal orders and the rapid expansion of the Indigenous Law Research Unit, a culturally appropriate space to house these programs is crucial. The Law Foundation of BC (“Law Foundation”) has long been an integral financial supporter of UVic Law’s clinical and social justice programs, including the: Environmental

Law Centre; to Justice Centre for Excellence; Diversity Access Grant; Law Centre Clinical program; Law Centre Family Law Advocate; and Public Interest law work placements. Access

A $5 million pledge from the Law Foundation, subject to obtaining the remainder of the funding, has allowed us to garner further private and government funding, and we are very optimistic that we will reach our goal of a further $18.9 million in order to begin construction of the building. We are extremely grateful for the advice and encouragement we received from the Law Foundation’s Executive Director Wayne Robertson and our Program Director, Tim Bailey. We’re also grateful 10

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to Liz Eby, UVic Law’s fundraising officer for all of her hard work finalizing this impactful and significant financial pledge. We are well on our way to meeting our fundraising goal. The March 2019 federal budget committed $9.1 million to help fund the new building, which will house the world’s first joint degree in Indigenous legal orders and Canadian common law (JD/JID) launched at UVic last September. The design of the building will reflect modern and traditional values of the Coast Salish peoples, welcoming students, academics and community members from all nations for engagement, debate and public education.

The building’s stateof-the-art digital capabilities will enable students to connect with their home territories and allow communities to share their legal traditions with one another. The centre will also house the Indigenous Law Research Unit (“ILRU”), which is a world leader in the study and application of Indigenous law. ILRU has partnered with more than 50 Indigenous

communities across Canada on legal research questions related to lands, water, governance, citizenship, gender and human rights, harms and injuries, and child welfare, and works with institutions across the globe to revitalize and rebuild Indigenous legal orders. It will also house the Access to Justice Centre for Excellence and the Environmental Law Centre. The centre, to be built as an addition to the current UVic law building, will be designed to reflect and honour the long-standing relationships between the law school and the Songhees, Esquimalt and WSÁNEĆ peoples. It will include public lecture theatres, faculty and staff offices, an Elders’ room and spaces for gathering, ceremony, and sharing of histories and knowledge. The building’s state-of-the-art digital capabilities will enable students to connect with their home territories and allow communities to share their legal traditions with one another. It will also allow UVic to host conferences, public workshops, research and partnerships for faculty, students and visitors. Planning for the building is in the community consultation and early design phase. Susan Breau, of Victoria.

Dean

Law,

University

FRANCES ROSNER

Partnering with Indigenous Communities to Keep Indigenous Children Out of Care With the recent amendments to the Child, Family and Services Community Act (“CFCSA”) that came into force on April 1, 2019, Indigenous communities and designated Indigenous organizations (set out in the Child, Family, and Community Service Regulation 1) have been given the ability to play a significant role in decision-making affecting Indigenous children involved with the Director. Parent’s counsel and Director’s counsel acting for parties in CFCSA proceedings have an invaluable partner in their corner when advocating for outcomes that keep Indigenous children safely in their families and communities. As Indigenous communities develop greater capacity to participate in childprotection decision-making, it is essential that counsel assist in bridging the connection between the community and decisionmaking forums (not limited to mediation, alternative dispute resolution, and court) by contacting the community with an invitation to participate from the outset and then at every stage of involvement. Indigenous communities have the ability to enter agreements with the Director, including information sharing agreements that will enable early access to information pertaining to alleged child

protection concerns. With access to information early on and prior to removal, Indigenous communities will be able to meaningfully participate in planning that will keep their children out of foster care. In keeping with the amended guiding principles, “Indigenous children are entitled: to learn about and practise their Indigenous traditions, customs and languages, and belong to their Indigenous communities.” Further and importantly, “Indigenous families and Indigenous communities share responsibility for the upbringing and wellbeing of Indigenous children.” The amendments make clear that Indigenous perspectives on how to keep children safe and connected to their culture and communities should factor significantly into child protection planning. Indigenous lawyer, Ardith Walkem, QC, authored an incredible tool that every judge, lawyer, advocate and frontline worker should be familiar with: Wrapping our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook2 (“Guidebook”). While the 2015 publication of the Guidebook predates the recent CFCSA amendments, it sets out in detail the legal landscape, colonial impacts on children and families and how to protect the identity, culture and heritage of children. The Guidebook provides practical tools that can be readily implemented into daily practice and planning for children and it makes several

recommendations on how to transform the broken child protection system. The overarching theme in the Guidebook is how greater involvement of Indigenous communities at every level will lead to better outcomes for Indigenous children. Involving Indigenous communities is as simple as placing a phone call to the community or organization and requesting to speak to the person responsible for supporting children and families involved in child protection. Once the connection is made, collaborative decision-making can begin. The importance of bridging that connection cannot be understated as collaboration with Indigenous communities will be central to the transformation that needs to occur in the child protection system. Further, partnering with Indigenous communities and carving out space that places the community on equal footing in the decision-making process puts reconciliation into action. Concrete steps that catapult truth-telling about Canada’s history into action is what is needed to improve outcomes for Indigenous children, families and communities. Child, Family and Community Service Regulation, BC Reg. 149/2019. 2 wrappingourways.ca/guidebook 1

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

OCTOBER 2019 / BARTALK

nothingofficial TONY WILSON, QC

Can You Fix Stupid?

The truth is not “Out There.” It’s here.

ust in time for the 50th anniversary of the first moon landing, I found a website where you can listen to all the recorded communications between Mission Control and Apollo 11 in “real time.” You can also listen to all communications between the scores of other spacecraft engineers who manned the terminals and who had responsibility over discreet technical aspects of the flight. The “Desks” had acronyms like “Flight,” “Fido,” “Guido,” “Retro,” “Eecom” and a dozen others, and if you wanted to, you could just listen to what all those flight engineers and other specialists were saying to each other on their channels during Apollo 11’s 198-hour flight to the moon and back. It’s available at apolloinrealtime.org/11, and it’s worth a few minutes of your time; particularly the landing sequence at around 102 hours 40 minutes into the flight, where, despite alarms going off in the LEM, and despite overshooting the original landing spot by four miles, Armstrong and Aldrin were still able to land the spacecraft in a safe spot with 16 seconds of fuel remaining. I mention all this because there are still those who believe the moon landing was faked, and that Armstrong and Aldrin actually walked on a soundstage directed by Stanley Kubrick. Indeed, in a 2019 Ipsos survey of Americans on behalf of C-Span, 6% of respondents thought the moon landing was staged, and 15% didn’t know if it was real or faked. But if you spend any time listening to those “real time” communications at Mission Control, or you watch the thousands of NASA engineers who 12

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appear in Todd Douglas’s amazing documentary on Apollo 11, you’ll realize that faking the moon landing, and keeping it secret for 50 years would have been harder and more expensive than the landing itself. (How do you write technical dialogue filled with rocket science acronyms for 25,000 actors, anyway? Where did they rehearse? Why didn’t any of these “actors” confess to the National Inquirer?) Yet some still believe the moon landing was faked. Buzz Aldrin has my undying admiration, not only for his prowess at piloting a lunar spacecraft, but for his boxing skills too. In 2002, he was confronted by a moon-landing denier who accused Aldrin of being a liar, coward and thief. Buzz decked him. Whether it’s moon-landing deniers, Kennedy’s assassination, aliens in Area 51, or anti-vaxxers claiming that vaccines cause autism, conspiracy theories are normally propagated by dim-witted and gullible people trying to convince other dim-witted and gullible people how smart they are. Social media helps to spread the disinformation. Sometimes, as in the case of the so-called pedophile ring being run by the Clintons from a pizza restaurant, or climate change deniers in the fossil fuel industry trying to prevent a transition to other fuels, the conspiracy theories are “created” by very smart and calculating people who know it’s a boldface lie

they’re spreading, but who propagate the lie for economic or political reasons; expecting their dim-witted and gullible tinhat followers will take the bait. As Hitler said, people are more likely to believe a big lie than a small one. As for the believers of conspiracy theories, facts and reason won’t necessarily change their minds. The tendency people have to embrace information that supports their beliefs and reject information that contradicts them may well be evolutionary. In articles in the New Yorker and the Atlantic recently, studies show cooperating with your peers and having social support from your tribe 10,000 years ago may have been more important to your survival than knowing the truth. Fast forward to the 21st century, I suppose from an evolutionary perspective, if you don’t believe Hillary Clinton operated a pedophile ring, or you don’t believe Obama was a Muslim born in Kenya, or you don’t believe vaccines cause autism, you could lose the support of your “tribe” of co-believing tinhats on Facebook. Anyway, just watch all the conspiracy theorists come out of the woodwork on the Jeffery Epstein jailhouse suicide. I hear Trump is already implicating the Clintons. Tony Wilson, QC is a franchise lawyer at Boughton in Vancouver and a Bencher of the Law Society. The views expressed herein are strictly those of Tony and do not reflect the opinions of the Law Society, CBABC, or their respective members.

WESTERN CANADA GENERAL COUNSEL AWARDS NOVEMBER 4, 2019 AT THE FOUR SEASONS HOTEL VANCOUVER

Honouring In-House Counsel by bringing together senior members of the private bar and the In-House Counsel community in Western Canada

RESERVE YOUR TABLE TODAY! Visit wcgca.ca For information about sponsorships or to reserve a table, please visit wgca.ca or contact Dan Malamet at dmalamet@zsa.ca.

BRITISH

COLUMBIA

career opportunities In-House Legal Counsel (Mining) | 2-4 years | Vancouver

We’re working with a major mining company who is a global leader in their space, currently looking for a Legal Counsel to join their high-performing Vancouver-based legal team. You will provide support on a variety of corporate and commercial matters and gain exposure to governance, compliance, and regulatory work. You will also participate in the supervision of the legal matters of the company’s subsidiaries, and play an integral role in mergers and acquisitions, financing transactions, and commercial contracting. The successful candidate will have around 2-4 years of post-call experience in Corporate Commercial and Securities law gained at a strong law firm. You will also have experience working with Canadian public companies - especially in the Mining sector - with international operations. You’ll be joining a highly regarded business with a fast-paced, self-reliant team culture, working within a decentralized and fairly informal management structure. If you want to progress your career at a growing in-house legal team within a leading Vancouver-based global public company, come and speak to us. For more information, or to apply in confidence, please forward your resume in Word format to Mike Race or Amrit Rai at legalBC@zsa.ca referencing job number BT29345.

Litigation Associate | 2-8 years | Vancouver

We are working for a top Vancouver boutique commercial litigation firm, which is growing strongly with more top-level work than they can handle so there is a real need to add another talented litigation associate. The firm has a good range of senior and junior partners, and the chance to work across different teams. This is a terrific opportunity to learn from expert ex-big firm litigators, on high-end litigation matters acting for corporate clients across a range of industries, while also enjoying an easy-going, friendly small firm culture. You’ll get to develop an exciting and rewarding career without the strictures of big firms, and be able to pursue your individual interests and make your mark in the profession at an earlier stage. For a confidential discussion on this role or to apply (in MS Word format), please contact Mike Race or Amrit Rai at legalBC@zsa.ca referencing job number BT29376.

Wills & Estates Lawyer | 3+ 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 specialises 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 or Amrit Rai at legalBC@zsa.ca quoting reference BT28169.

zsa.ca

’

OCTOBER 2019 / BARTALK

sections SECTION UPDATE

Keep Current A review of provincial Section meetings CBABC boasts 76 Sections, offering members a full range of opportunities to stay at the forefront of the legal profession. By attending annual conferences organized by our Section Executives, lawyers enhance their expertise, gain knowledge and network with leading professionals in their area of practice from across the profession.

Year in Review: Section Professional Development Conferences Solicitors’ General Practice Section

Family Law Okanagan Section

Immigration Law Section

Solicitors’ General Practice

On February 14, 2019, the Solicitors’ General Practice Section hosted their 6th Annual Central Vancouver Island Conference, where a variety of speakers focused on topics significant to solicitors practising in BC. Coming together at the Sunrise Ridge Waterfront Resort in Parksville, BC, Cora Wilson of Wilson McCormack Law Group from Nanaimo spoke on coping with unorganized stratas and the purchase or refinancing of real property. Michael Cooper of Thompson Cooper LLP led a session about upcoming significant changes to Canada’s Trademark System. We learned about First Nations estate planning from Rebecca Domovitch of Shook Wickham Bishop & Field from Campbell River, and Art Vertlieb, QC of Vertlieb & Company from Vancouver led a presentation on understanding the Law Society of BC disciplinary process. This unique 3.5-hour conference boasts 10+ speakers annually; all giving concise, targeted presentations with the solicitor in mind. Mark Your Calendars uuu CBABC’s Solicitors’ General Practice Section will have their 7th Annual Central Vancouver Island Conference early in 2020. Stay tuned for more information.

Family Law Okanagan Aboriginal Lawyers Forum

BARTALK / OCTOBER 2019

The Family Law – Okanagan Section hosted their Annual Family Law Conference in the Okanagan 2019 on February 21-22, 2019 at the Predator Ridge Resort in Vernon, BC.

The conference covered a myriad of topics that are crucial to any family law practitioner. Todd R. Bell, Partner, Schuman Basran Robin & Bell LLP returned to present his comprehensive “2018 year in review,” covering BC case law updates. Former Justice Peter Leask, QC, Assistant Deputy Minister Kurt Sandstrom, and Michael Welsh, QC of Mott Welsh & Associates led a panel discussion on the question of the Law Society’s next steps regarding licensing non-lawyer legal service providers, with uncertainty in light of the recent member’s resolution and the passage of Bill 57. John-Paul Boyd of John-Paul Boyd Arbitration Chambers offered a “deep dive” into family law arbitration, including the use of evaluative mediation in med-arb processes, and creative ways of adjusting rules to ensure proportionality. Former Master William McCallum, Former Justice Peter Leask, QC, Justice Steven Wilson from the Supreme Court of British Columbia gave family lawyers their insights during this year’s iteration of views from the Bench. Mark Your Calendars uuu The Family Law – Okanagan Conference will be taking place on February 28, 2020; stay tuned for more information on speakers and topics.

Immigration Law

During the March 15th Annual Immigration Law Conference 2019 at the Terminal City Club in Vancouver, BC, Gordon Maynard of Maynard Kischer Stojicevic and Deanna Okun-Nachoff of McCrea Immigration Law opened the conference with a discussion on preparing clients for border crossing. Gordon Maynard led the conversation through addressing criminal inadmissibility and medical examination requirements.

Among other panels and speakers, Trevor Hughes of the British Columbia Ministry of Labour and Steven Meurrens of Larlee Rosenberg presented on several aspects of foreign worker compliance, including BC’s Temporary Foreign Worker Protection Act, along with compliance audit updates and best practices. The conference ended with Erica Olmstead of Edelmann & Co. and Judith Boer from the Immigration and Refugee Board of Canada/ Government of Canada speaking on best practices, strategies and tips when appearing before the Immigration Appeal Division, along with some important updates from the Immigration Division over the last year. Mark Your Calendars uuu The Annual Immigration Law Conference 2020 will be taking place in early February 2020. Stay tuned for more information about this annual conference.

Aboriginal Lawyers Forum

The Aboriginal Lawyers Forum hosted their 8th Annual Retreat and 12th Anniversary of the National Indigenous Peoples Day Reception on June 20, 2019 at the River Rock Casino Resort in Richmond, BC. The retreat’s focus was on Promises, Prosperity and Justice: How the law can impact economic prosperity for Indigenous peoples. The sessions included topics on resource development with Malcolm Macpherson (Métis), Partner, Clark Wilson and Liberal MLA Skeena, Ellis Ross (Haisla), and financial management for Indigenous nations through FNFMB’s initiatives with Shayla Point (Musqueam), Director, Market Development at First Nations Financial Management Board. Laura Matthews, Mediator

and Roy Johnson, MA, C.Arb, C.Med discussed matters related to dispute resolution. The retreat ended with the Medicine Wheel exercise with Dave Robinson, B.Ed., M.Sc. Student and Shane Point, Musqueam Elder. In the evening, ALF hosted their 12th Annual National Indigenous Peoples Day Reception, welcoming the dance troupe Butterflies in Spirit. The troupe shared a powerful and moving performance while raising awareness of violence against Indigenous women and girls. Mark Your Calendars uuu The ALF 9th Annual Retreat will be taking place in June 2020. Stay tuned for more information on speakers and topics.

GET READY FOR THE 2019/20 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.

OCTOBER 2019 / BARTALK

feature

SUZETTE NARBONNE

An Independent Voice for Children The Child and Youth Legal Centre

he Governors of the Law Foundation saw that children need an independent voice in the justice system.

In family and child protection cases, parents and guardians are often too involved to present their child’s unique views, especially if those views differ from their own. Other times, a well-intentioned parent might leave a child out of important discussions to shield him or her from the turmoil of family breakdown.

their behalf in a family dispute. All are vulnerable and want to be heard on matters that will have a profound effect on their future. Before CYLC was established, children were often “heard” in family law cases through written, sometimes dated, reports. In child protection matters, if a child’s views were solicited at all, the evidence

The Law Foundation’s solution was funding starting in 2017 for the Society for Children and Youth of BC to set up the Child and Youth Legal Centre (“CYLC”). Located in Vancouver’s Commercial Drive neighbourhood, the CYLC is a team of lawyers, an advocate and a social worker who provide an independent voice for children caught up in legal conflict. Some children arrive at the Centre’s door seeking help. Others are referred by a judge who is concerned that they need someone to speak on 16

BARTALK / OCTOBER 2019

Giving children a voice in legal disputes often results in surprising resolutions. Sometimes a child will identify an issue that no one has thought of such as altering a visitation schedule so he or she can meet a friend after school or go to a community event. Other times, the child will decline to decide in favour of one parent or the other but will ask their parents or the judge to consider factors that are important them. In short, by allowing young people to participate in the legal process, they are empowered, and decision-makers are able to better understand the impact their decisions will have on that particular child.

But as any child will tell you: “I’m the one living this. Why doesn’t anyone want to know what I think?” And then there are legal issues that are unique to children and for which they need a knowledgeable advocate – bullying, problems at school and human rights.

often already a difficult situation. But while the lawyer’s solicitorclient relationship is with the child, the lawyer will often work with the entire family to help them understand how their decisions will affect the child.

was usually from social workers. The court had information about the child’s wants and needs, but no direct evidence or advocacy. Now, with the CYLC providing independent advice and representation, children’s voices are heard with more immediacy. Children now have someone they can talk to confidentially and someone to whom they explain their hopes and fears. Acting as independent counsel to children in serious family disputes requires skilled advocacy to ensure the parents understand CYLC’s role and to prevent escalation of what is

Feedback from children is consistently positive. They feel heard. They may not have a choice, but they do have a voice. Suffice to say, the Child and Youth Legal Centre, with the guidance of the Society for Children and Youth of BC, is a success. Giving children an independent voice in the justice system does matter. By recognizing the need and by funding the solution, the Law Foundation of BC again has shown the leadership that has been the hallmark of its past 50 years.

Suzette Narbonne is a lawyer at the Child and Youth Legal Centre. scyofbc.org

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

OCTOBER 2019 / BARTALK

feature

AL ETMANSKI

A Bold Act of Canadian Philanthropy

“

Ah ha” moments that lead to a breakthrough never arrive fully formed. After the apple dropped on Isaac Newton’s head his theory of gravity only emerged after years of trial and error. All innovations, whether they are scientific, technological, or social follow a similar path. Often you must develop a new vocabulary to articulate your hard-to-grasp insight. Then you must prove your idea works. Finally, you must amass the resources to escort your solution from the margins to the mainstream. This is usually done off the corner of your desk, bootstrapping with little outside support while continuing your daily responsibilities. All the while accompanied by self-doubts, skepticism from colleagues and resistance from those in authority. This was the situation Planned Lifetime Advocacy Network (“PLAN”) found itself in, in 2006. Our mission was the lifelong security of disabled people particularly after their parents died. We had proposed a national disability savings plan. Governments and service providers weren’t interested. They believed disabled people didn’t need money, they needed services. By contrast disabled people and their families were tired of being program rich and cash poor. They wanted control over their money and to end the welfare mindset which keeps them poor, dependent and which penalizes them for trying to get ahead. PLAN’s proposal had very little traction until the Law Foundation issued a one-time call for “thinking 18

BARTALK / OCTOBER 2019

outside the box” social policy ideas. They granted us $480,000 over four years. This enabled us to retain researchers, build a grass roots coalition of disabled people, their families and allies and to secure the support of Bar Associations banks, credit unions and trust companies. We lobbied three different PMO’s

(Chretien, Martin and Harper.) We eventually found a political champion in the late Jim Flaherty who was Finance Minister. In 2008, the Registered Disability Savings Plan (“RDSP”), the world’s first and still the only savings plan for disabled people was officially launched. The Law Foundation helped us do in two years what we had been unable to do in the previous ten years. The combined RDSP deposits of two hundred thousand disabled Canadians now total more than $4 billion. A sizeable return on the Law Foundation’s initial investment. RDSP contributions by disabled people or their families are matched

by grants from the federal government. There is also a $1000 annual bond for those who live in poverty. I now meet disabled people who have more than $80,000 in their RDSP account. They can keep their provincial government benefits. There is no claw back, asset limit or reporting requirements. Their savings grow tax free until they make a withdrawal. The intangible benefit is the pride I see in the people I meet. There is nothing like a little money in the bank to help you realize your dreams and to give you a sense of agency. Thanks to the RDSP the close association between disability and poverty in Canada is now widely understood. Which is why a national coalition has emerged to secure a Guaranteed Income Supplement for disabled Canadians, similar to the one available for lowincome seniors. To my knowledge, the Law Foundation was the first Canadian foundation to step outside the philanthropy box and invest in big ideas like the RDSP. Few have done so since. Which is too bad because there are no shortage of legitimate grass roots groups with workable solutions to our toughest social challenges. What’s missing are more bold funders like the Law Foundation willing to invest in the competency and ingenuity of people closest to the problem to pursue their ah ha moments. Al Etmanski is a community organizer, social entrepreneur and writer. He is cofounder of PLAN. His fourth book, “The Power of Disability” will be published in January 2020 and distributed by PenguinRandom House.

news&events 2019-2020 EXECUTIVE COMMITTEE Kenneth Armstrong

PRESIDENT Armstrong Naish Trial Lawyers Vancouver

Jennifer Brun

Clare Jennings

Harris & Brun Law Corporation Vancouver

Crown Counsel Victoria

VICE-PRESIDENT

SECRETARYTREASURER

Margaret A. Mereigh PAST PRESIDENT

Aleem Bharmal, QC

Lauren Chu

Community Legal Assistance Society Vancouver

Crown Counsel – Criminal Appeals and Special Prosecutions Vancouver

Baljinder Girn

Brandon Hastings

Isabel Jackson

BC Ministry of Justice – Criminal Justice Branch Vancouver

OFFICER

Public Prosecution Service of Canada Vancouver

Craig Yamashiro

EQUALITY REP Crown Counsel – New Westminster

OFFICER

YOUNG LAWYERS OFFICER New Westminster

OFFICER

ABORIGINAL LAWYERS REP Dept. of Justice Canada Vancouver

Kerry Simmons EXECUTIVE DIRECTOR CBABC Vancouver

Read more cbabc.org/About-Us/Governance

Check it out!

bartalkonline.org

BarTalk’s NEW Website OCTOBER 2019 / BARTALK

news&events WLF BC NEWS

Atira Women’s Resource Society

CBA NATIONAL MAGAZINE

Disruption is Coming to Retail Law

And the public will welcome it, because it will better serve their legal needs. Retail law needs to be disrupted. We need new approaches to law – not just more of the same with a new label, or a tweak at the margins. What might this look like? One future product: instant, on-demand legal advice at a third the price delivered through a video chat app. When Uber first disrupted taxi markets around the world, it did so by herding independent contractor drivers onto a single platform and connecting them with what would otherwise be taxi customers. It then took a cut for facilitating the transaction, without having to invest in cars, drivers, passengers, map data, credit card infrastructure, etc. Uber excelled at stitching together existing services to create a popular platform used across Canada and the world. Uber still faces challenges today, but the lesson for the legal industry is that the model they deployed – a marketplace for independent people to connect and work with one another directly – is a winning one. Some lawyers scoff at the notion that law could be disrupted the way taxis have been. Yet we’ve seen it happen elsewhere in professional services. Consider the accounting industry, which has for many years been relentless about bringing down costs. Enormous volumes of tax returns are processed in India and other outsourcing centres. There is even special software for managing outsourced tax work. The Big Four accounting firms discovered this particular arbitrage strategy many years ago. But it involves more than just labour arbitrage. Being able to have tax work done partly in Canada and partly in India requires careful co-ordination and deployment of software with the specific aim of becoming much more efficient at delivering services to customers. Accounting tax prep and ridesharing both illustrate how a mix of technology and processes can upend an industry. There are many other examples that have filled books. Sooner or later, automated workflows, streamlined payments, shared organizational knowledge, reputation systems, and all of the other standard tools of other industries will become a part of legal services delivery. 20

BARTALK / OCTOBER 2019

Read the full article: bit.ly/bt1019-p20-1

One of the programs being funded by the Law Foundation of BC is the Legal Advocacy Program at Atira Women’s Resource Society. Atira is a not-for-profit organization dedicated to supporting women and children impacted by all forms of gendered violence. The Law Foundation of BC provides crucial funding that enables Atira to provide legal services which increase women’s income security, safety and access to justice. The Legal Advocacy Program at Atira is managed by staff lawyer Amber Prince. This program provides legal services to over a thousand women per year in a range of areas, including: tenancy, government benefits, family law, and human rights. Unfortunately, the access to justice crisis in BC has meant that legal programs, like Atira’s, still struggle to meet the legal needs of BC’s most marginalized people. The Women Lawyers Forum would like to note that Atira Women’s Resource Society accepts donations and legal volunteers. The WLF has supported Atira in the past through donation drives, and we encourage those interested to contact Atira at: atira.bc.ca to get involved with this very worthy cause.

The Canadian Bar Association, BC Branch and the Law Society of BC warmly invite lawyers and judges to attend the 35th Annual Dinner for the Bench and Bar.

Bench & Bar Dinner Join the CBABC Executive and the Law Society Benchers in paying homage to those who have made outstanding contributions to the cause of justice in BC. The Dinner will feature the presentation of the CBABC Georges A. Goyer, QC Memorial Award for Distinguished Service. Tickets are limited. Don’t be disappointed; order yours early! Name: Date:

November 6, 2019

Time:

5:30 pm Reception (cash bar) 6:30 pm Dinner

Place:

Fairmont Hotel Vancouver Pacific Ballroom 900 W Georgia St.

Firm: Address: City:

Postal Code:

Telephone:

Email:

Guest Name: Dress:

Business formal

Ticket:

$121.00 + GST = $127.05

Food Allergies/Restrictions: Ticket order details

cut here

Mail, email, or fax (fax orders require payment by credit card) your ticket order to:

QTY

Canadian Bar Association, BC Branch – Attention: Events 10th Floor – 845 Cambie St. Vancouver, BC V6B 5T3 Email: events@cbabc.org Tel: 604.646.7855 Fax: 604.669.9601

Card holder name:

Method of payment Ticket @ $127.05 =

Card no.

__ Visa __ MasterCard __ Cheque Enclosed*

Expiry

Signature CVV (3-digit number on back of card): * Please make cheque payable to Canadian Bar Association, BC Branch OCTOBER 2019 / BARTALK

news&events TIPS FROM

AN INGENIOUS PLAN

As readers may know, The Advocate — every page since 1943 — can be searched, perused and even downloaded for free by Law Society of BC members through an account with courthouselibrary.ca. Each issue is a time capsule with crystalized moments from the profession’s collective past: a vast record of the Bar’s debates, aspirations, and — as time has proved — rare genius. In 1969, the Law Foundation of BC became the first of its kind in North America. The Advocate articles from that time refer to an “ingenious plan.” Fledgling though it was, the plan held the potential of becoming a “torrent of funds” for public interest legal causes. In 1971 (when payouts totalled merely $65,545 and only 3% of the profession participated in the plan), an Entre Nous column exhorted members, “The Law Foundation affords the legal profession an opportunity to influence and foster a movement for social change unequalled in the profession’s mundane history.” By 1978, the program was generating more than $2 million annually. The Law Society Library (now Courthouse Libraries BC) was among the Law Foundation’s earliest major beneficiaries. Thanks to half a century of sustained funding, BC stands out from many jurisdictions where law libraries are for lawyers only. This funding is essential for our work with members of the public in our branches, online, and in partnership with hundreds of public libraries through our LawMatters program.

NEWS

CLEBC Update SIGNIFICANT AMENDMENTS TO THE LAND TITLE ACT In preparation for the amendments to Part 10.1 of the Land Title Act (Electronic Filing), which will come into force on November 15, 2019, CLEBC has made a number of significant changes to the Land Title Practice Manual and Land Title Electronic Forms Guidebook. The Land Title Practice Manual 2019 Update will incorporate all legislative amendments

BARTALK / OCTOBER 2019

and necessary changes to Director’s Directions (replacing Director’s Requirements). In addition, the manual reflects changes to the Agricultural Land Commission Act and its associated regulations; the most significant changes are in respect of residential use and structures on ALR land and new soil removal and fill placement rules. As always, the update includes the full Land Title Act containing section-by-section commentary with applicable forms, practice tips, and case summaries. Our Land Title Electronic Forms Guidebook (the “Green Book”), published under authority of the Land Title and Survey Authority of BC, allows users to prepare

electronic forms with accuracy and precision. As such, the 2019 Update will incorporate all the new forms and presents the November 15 amendments to relevant portions of the Land Title Act. CLEBC will also be working closely with the Land Title and Survey Authority (“LTSA”) to provide training on the use of web filing. By June 2020, web filing will be operational, making it possible to fill and file 23 forms online that are presently completed in pdf form. For more information on these updates, consult the CLEBC and LTSA websites later this fall.

BC LEGISLATIVE UPDATE

ACTS IN FORCE Current from to June 18, 2019 to August 6, 2019 The full version of Legislative Update is now only published online and is available exclusively to CBA members at cbabc.org. BUSINESS PRACTICES AND CONSUMER PROTECTION AMEND-

MENT ACT, 2019, S.B.C. 2019, C. 22 (BILL 7) Section 9 is in force July 16, 2019 CIVIL RESOLUTION TRIBUNAL AMENDMENT ACT, 2018, S.B.C. 2018, C. 17 (BILL 22) Section 34 is in force July 8, 2019. Section 2 as it enacts the definitions of “cooperative association claim” and “society claim,” section 4 as it enacts section 2.1(d) and (e) of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, section 30 as it enacts section 93(4)(b) and (c) of the Civil Resolution Tribunal Act, section 32 as it enacts Divisions 5 and 6 of Part 10 of the Civil Resolution Tribunal Act and sections 35 to 37 and 45 are in force July 15, 2019 HEALTH SECTOR STATUTES REPEAL ACT, S.B.C. 2018, C. 50 (BILL 47) Sections 1 and 2 are in force July 1, 2019 LAND STATUTES AMENDMENT ACT, 2018, S.B.C. 2018, C. 37 (BILL 37) Sections 3 to 11, 13, 17, 18, 22 and 30 to 35 are in force November 15, 2019 MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2018, S.B.C. 2018, C. 23 (BILL 24) Sections 31 and 32 are in force November 1, 2019 MOTOR VEHICLE AMENDMENT ACT, 2018, S.B.C. 2018, C. 18 (BILL 17) Section 5(a), as it enacts the definition of “evaluating officer,” sections 5(d) and (f), 6(a) and (c) and 7, section 13(a), as it enacts section 94.6(1)(a.1), (a.2) and (a.3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, sections 13(e) and (f) and 14(d) and (e), section 16(b), as it enacts section 210(3.1)(r), (s) and (u) of the Motor Vehicle Act and sections 16(c), 17 and 20 of Bill 17 are in force July 15, 2019 OIL AND GAS ACTIVITIES AMENDMENT ACT, 2018, S.B.C. 2018, C. 54 (BILL 56) Sections 13, 16 and 18 are in force January 1, 2020 PASSENGER TRANSPORTATION AMENDMENT ACT, 2018, S.B.C. 2018 (BILL 55) Sections 1(a), (c) to (j) and (m), section 2(a), section 2(b), except as it enacts section 5(2)(b) of the Passenger Transportation Act, sections 2(c) and (d), 3(a) and (b), 10 and 12 to 14 are in force September 3, 2019. Section 1(b), (k) and (I), section 2(b), as it enacts section 5 (2) (b) of the Passenger Transportation Act, sections 3(c) and 4 to 9, section 11(a), except as it enacts section 25(1)(e) of the Passenger Transportation Act, section 11(b) and (c), section 15, except as it enacts section 29(1)(e)(ii) of the Passenger Transportation Act, sections 16 to 18, 19(a) to (d) and 20 to 39, section 40, except as it enacts sections 57.1(2)(a) and 57.3(4)(a) and (6)(a) of the Passenger Transportation Act, sections 41 to 51, 54, 57 to 60, 62 to 65, 67 to 77 and 79 55 are in force September 16, 2019 TEMPORARY FOREIGN WORKER PROTECTION ACT, S.B.C. 2018, C. 45 (BILL 48) Sections 1, 2, 4 to 9, 16(a) and (b), 17(a) and (b), 18, 19, 24, 28(1) and (3), 29(1)(a), 30, 31, 32, 36, 37, 38(1) and (3) to (7), 39, 40, 42 to 49, 54(1), (2) and (4), 60 and 73 to 84 are in force. Sections 3, 22, 23, 25, 26(1), 27, 29(2), 33(1)(c) to (f) and (2), 34, 35, 41(1), 50 to 53, 54(3), 55 to 57, 62 to 72 and 85 are in force October 1, 2019

BRANCH & BAR

Calendar OCTOBER

9 WLF & CPA Fall Mingler — Fort Langley 14 Thanksgiving Day 16 2019 Okanagan Inns of Court Program — Kelowna 21

BCCAT Annual Education Conference “Administrative Decision-Making in the Modern World” — Richmond

25 Nanaimo County Regional Conference 2019: Exploring Practice Management Fundamentals — Parksville BC 29 Getting to Access to Justice: Bridging Regulatory Reform and Human-centered Design & Innovation — Vancouver

NOVEMBER 6 35th Annual Bench & Bar Dinner — Vancouver 11 Remembrance Day 13 2019 Okanagan Inns of Court Program — Kelowna 14-15 2019 Canadian Elder Law Conference — Vancouver 20 Making Your Case with a Better Memory — Vancouver 21 Yale Bench & Bar Dinner — Kelowna 29 Aboriginal Lawyers Forum 10th Annual Holiday Banquet — Vancouver OCTOBER 2019 / BARTALK

grantsapproved LAW FOUNDATION OF BRITISH COLUMBIA

$95,000 Fort St. John Women’s Resource Society

$55,000 PovNet Society

Poverty Law Program

Community of Practice Platform Development Project

$95,000 Kamloops and District Elizabeth Fry Society

$45,000 International Centre for Criminal Law Reform and Criminal Justice Policy

$95,000 Ki-Low-Na Friendship Society

$27,500 Métis Nation BC

Poverty Law Advocacy Program

At recent Board of Governors’ meetings, the following grants were approved. $5,465,000 was approved for the following 25 Continuing Programs:

$95,000 Ki-Low-Na Friendship Society

$2,470,000 BC Courthouse Library Society

$95,000 M.O.S.A.I.C.

CLBC 2020 Operating Grant

$330,000 Greater Vancouver Law Students’ Legal Advice Society Law Students’ Legal Advice Program

$315,000 Disability Alliance BC Society

Advocacy Access Appeals Program and Canada Pension Plan Disability (CPP-D) Advocacy Program

$190,000 Abbotsford Community Services Society Regional Community Legal Advocacy Program

$190,000 Ecojustice Canada Society

Poverty Law Advocacy Program

Legal Advocacy Program

$95,000 Nicola Valley Community Justice Services Society

Nicola Valley Advocacy Centre Program

$95,000 Penticton and Area Access Society Poverty Law Advocacy Program

$95,000 Port Alberni Friendship Center

Outreach Legal Advocacy Program

$190,000 Together Against Poverty Society

$25,000 Provincial Court of British Columbia

$130,000 Abbotsford Community Services Society

Provincial Court Judicial Internship Circuit Court Program

$10,000 BC Branch of the Canadian Bar Association Law Week Program

Legal Advocacy Program

Funds totalling $714,000 for 17 Miscellaneous Grants:

$100,000 Nelson Cares Society The Advocacy Centre – Poverty Law Advocacy

$275,000 | $40,500 British Columbia First Nations Justice Council

$95,000 Active Support Against Poverty Legal Advocacy Program

$95,000 Chimo Community Services Society

Outreach & Advocacy Services Program

$95,000 Contact Women’s Group Society Legal Advocacy Program

BARTALK / OCTOBER 2019

Cultural Competency Training

Funds totalling $1,560,000 for eight On-Track Programs: $480,000 Rise Women’s Legal Centre Rise Integrated Legal Services Program

$261,250 Contact Women’s Group Society

Bella Coola Legal Advocacy Program

MPA Court Services Program – Vancouver

$2,000 Society for Children and Youth of BC

$85,000 South Peace Community Resources Society

Mental Health Legal Advocacy Program

$140,000 MPA – Motivation, Power & Achievement Society

$21,000 One Time Start Up Costs for new poverty and family law advocacy programs (3)

$261,250 Chilliwack Community Services

$190,000 Kettle Friendship Society

Legal Advocacy Programs

Justice Consultation Strategy Project

Outreach Legal Advocacy Program

$55,000 Social Health & Economic Development Society of Bella Coola

BC Litigation Program

Family Law Advocacy Program

Comparative Analysis of Gladue Report Delivery Programs

Provincial First Nations Justice Forum and Regional Engagements

$173,000 One Time Start Up Costs for new poverty law and specialty law clinics (7) $75,000 University of British Columbia

Curriculum Development in support of the Truth and Reconciliation Calls to Action

Family Law Advocacy Program

$237,500 Trail FAIR Society

Poverty Law Advocacy Program

$100,000 Access to Justice BC

Access to Justice BC Program

$95,000 Opportunities Career Services Society

Poverty Law Advocacy Program

$75,000 BC Branch of the Canadian Bar Association

Rural Education and Access to Lawyers Initiative (REAL)

$50,000 Action Committee on Access to Justice in Civil and Family Matters Fostering National A2J Coordination Initiative

Grants totalling $1,750,000 for seven new On-Track Legal Clinic Programs funded by the provincial governments Attorney General Ministry: $250,000 Active Support Against Poverty Poverty Law Legal Clinic

$250,000 Disability Alliance BC Society Disability Law Clinic

LAW FOUNDATION OF BRITISH COLUMBIA

$250,000 Immigrant Services Society of BC Immigrant and Refugee Legal Clinic

$250,000 Kamloops and District Elizabeth Fry Society Poverty Law Clinic

$250,000 Ki-Low-Na Friendship Society

knxit i? snqsilx | Help the Relatives: Poverty Law Clinic w

$250,000 Sources Community Resources Society Poverty Law Clinic

$250,000 Tenant Resource and Advisory Centre Society

$75,000 Tenant Resource and Advisory Centre Society

$50,000 Vancouver Association of Restorative Justice

$75,000 THS Society of Transition Houses dba BC Society of Transition Houses

$45,000 University of Saskatchewan, Native Law Centre

Renting It Right – A Free Online Course for BC Tenants

Preserving Tech Evidence: Legal Education for BC Anti-Violence Workers & Women to Respond to Technology Facilitated Violence

$75,000 Victoria Women’s Transition House Society VWTH Family Legal Advocacy Project

$75,000 West Coast Environmental Law Association

Housing Law Clinic

Co-learning for Indigenous Law Revitalization – RELAW 2020

Funds totalling $2,387,000 for 36 Projects:

$74,000 West Coast LEAF Association

$480,000 Ecojustice Canada Society

Securing Canada’s Leadership to Safeguard the Climate

Gender Equality Report Card $73,000

International Centre for Criminal Law Reform and Criminal Justice Policy

$92,000 Legal Services Society

“E---Gladue”: Using Technology to Increase Access to Justice for Remote Indigenous Communities

$75,000

$73,000 Simon Fraser University, Centre for Education Law and Society

Gladue Report Writer Mentorship

Community Legal Assistance Society Indigenous Human Rights Education Partnership

$75,000 Fetal Alcohol Spectrum Disorder Society for British Columbia (governing body of The Asante Centre)

FASD and Trauma: Applying Knowledge in Legal Contexts

$75,000 First Call: BC Child and Youth Advocacy Coalition (Vancity Community Foundation)

Children’s Right to Housing: Law Review and Reform

$75,000 Golden Eagle Rising Society

Trauma Informed Practice Toolkit for Legal Professionals

$75,000 Law Society of BC

Developing new core competencies for the Professional Legal Training Course

$75,000 National Self-Represented Litigants Project (NSRLP)

National Self-Represented Litigants Project (NSRLP) West

$75,000 RAVEN (Respecting Aboriginal Values and Environmental Needs) Curious Canadians

Islam and Muslims: A Teacher Resource Portal

$72,000 West Coast Prison Justice Society Prisoner Isolation Monitoring

$68,000 Foodlands Cooperative of BC

Building Legal Literacy for Foodlands Transfers in BC

$68,000 M.O.S.A.I.C.

Enhance Access to Safety for International Students

$60,000 Parent Support Services Society of BC Provincial Legal Education Skillshare Event on Indigenous Child Welfare

$56,000 BC Lung Association

Radon: Building a BC Based Legal Response

$55,000 BC Freedom of Information and Privacy Association

Restorative Justice on Stage: insights, conflicts and social change

Gladue Benchbook

$40,000 Migrant Workers Centre BC Society

Testing a legal support model for migrant agricultural workers

$30,000 Vancouver Island Human Rights Coalition Society VIHRC Rural Youth Initiative

$28,000 Vancouver Legal Hackers Justice Hack BC 2019

$26,000 BC Collaborative Roster Society

Pro Bono Collaborative Divorce Project

$25,000 BC Hear the Child Society

Hear the Child Non-Evaluative Interviewing and Report-writing

$20,000 Canadian Legal Information Institute BC Litigation Practice Manual

$20,000 West Kootenay Women’s Association

There’s Gotta Be a Law: A Workshop Series

$19,000 Haven Society: Promoting the safety of women, children, youth and families Navigating the Legal System for Women who have Experienced Violence

$17,000 Carnegie Community Centre Association

Protests, poverty and people: Legal education in the Downtown Eastside

$15,000 Canadian Institute for the Administration of Justice

The Impact of Artificial Intelligence and Social Media on Legal Institutions

$6,000 Kelowna Community Resources Society

Legal 101 for Non-Profit Organization

Learning Management Systems and Student Privacy (Google Education Platform)

Funds totalling $60,000 from the Law Society Access to Justice Fund:

$50,000 BC Law Institute

$60,000 Atira Women’s Resource Society

Study Paper on Capacity and Assessment Tribunals – Seeking a Model for British Columbia

Access to Justice Through Legal Incubation: Supporting Women Lawyers to Provide Access to Justice for Women Project

OCTOBER 2019 / BARTALK

practicetalk DAVID J. BILINSKY

Time for Change in Legal Regulation Increasing access to justice through reform r It’s

time we stop, hey, what’s that sound Everybody look what’s going down... r – Music and lyrics by Stephen Stills, recorded by Buffalo Springfield.

here is something happening here. Traditional lawyer regulation “has not proven to foster innovation” and this in turn is seen as holding back innovations that could increase access to justice. For example, in 2018, The Board of Trustees of the State Bar of California (“Board”) received a Legal Market Landscape Report (bit.ly/ bt1019p26-3) suggesting that “some of the rules and laws governing the legal profession may be hindering innovations that could expand the availability of legal services.” As a result, the Board appointed a Task Force on Access Through Innovation of Legal Services (“ATILS”) and assigned it to identify possible regulatory changes to remove barriers to innovation in the delivery of legal services by lawyers and others. ATILS was charged with balancing dual goals: consumer protection and increased access to legal services. They came up with 16 concept options for regulatory changes. The report (bit.ly/bt1019p26-1) found that: “The slow evolution of the rules governing lawyers, including, but not limited to, lawyer advertising and solicitation, fee sharing/fee splitting, and UPL, are examples of regulatory reforms failing to keep pace with changes in the legal

BARTALK / OCTOBER 2019

services market, including changes in the market driven by evolving innovation and technology and related consumer behaviour and preferences.”

The Utah Bar, for their part, issued the report “Narrowing the Access-to-Justice Gap by Reimagining Regulation.” (bit.ly/bt1019p26-4)

But California is not alone.

Utah stated that eliminating or substantially relaxing the rule allowing lawyers and non-lawyers to share fees was “key to allowing lawyers to fully and comfortably participate in the technological revolution.” (bit. ly/bt1019p26-2)

Utah and Arizona are also looking at the issue of the regulation of lawyers and its effect on access to justice, in particular the issue of Alternative Business Structures (“ABSs”): The Utah group – which was heavily influenced by the experience in England and Wales – said ABSs, backed by a new regulatory regime, would help foster innovation and promote other market forces “so as to increase access to and affordability of legal services.” (bit.ly/bt1019p26-2) As of August 28, 2019, the final report of the Arizona task force has yet to be published, but it was reported that minutes of its meetings confirm that it supported the introduction of ABSs along with entity regulation. Of course ABSs have been allowed in the UK since 2013. Underlying these reports is the message that technology has been the biggest factor of change and innovation over the last while, yet lawyers are failing to realize the benefits of change and innovation that technology offers. Access to justice suffers as a result.

Utah felt that they should encourage “nontraditional sources of legal services, including non-lawyers and technology companies, and allow them to test innovative legal service models and delivery systems through the use of a “regulatory sandbox” approach, which permits innovation to happen in designated areas while addressing risk and generating data to inform the regulatory process.” (bit.ly/bt1019p26-2) We need to start the process of regulatory reforms to allow these changes to take place here; for without them, as we all know, you step out of line, the man come and take you away. 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 What are some of the key recommendations and findings of the California and Utah reports? Here is a summary:

uuu CALIFORNIA

Legal Market Landscape Report (bit.ly/bt1019p27-1) Narrowing restrictions on

the unauthorized practice of law (“UPL”) to allow persons or businesses other than a lawyer or law firm to render legal services, provided they meet appropriate eligibility standards and comply with regulatory requirements; Permitting a nonlawyer to own or have a financial interest in a law practice; and Permitting lawyers to share fees with nonlawyers under certain circumstances and amending other attorney rules regarding advertising, solicitation, and the duty to competently provide legal services. The potential benefits of these recommendations were listed as follows: Improving the ability of new

providers to enter the legal services market;

uuu UTAH

Narrowing the Access-to-Justice Gap by Reimagining Regulation Report (bit.ly/bt1019p27-2)

Creating incentives for

innovators to collaborate with lawyers to develop technology-driven solutions; Expanding options for entities and individuals other than lawyers to support and participate in these developments through business ownership and capital investment. Limiting the new UPL exceptions to only those providers who meet eligibility qualifications and become regulated; Requiring the establishment of ethical standards comparable to those imposed on lawyers and law firms; Conditioning the new system on the establishment of equivalent protections afforded by the attorneyclient privilege and a lawyer’s ethical duty of confidentiality; and Including in the revised

fee-splitting rule a provision prohibiting interference

“Certain rules of professional conduct have been viewed by lawyers as impeding their ability to increase business and survive in the online world. Restrictions on lawyer advertising, fee sharing, and ownership of and investment in law firms by non-lawyers are concepts that need serious amendment if we are to improve competition and successfully close the access-to-justice gap.” In a July 11 meeting, the Arizona task force voted “to amend the state’s ethical rules to allow lawyers and non-lawyers to form new legal services businesses known as ‘alternative business structures.’” They stated that they believed the Arizona approach had much to offer. Indeed, they viewed the elimination or substantial relaxation of Rule 5.4 as key to allowing lawyers to fully and comfortably participate in the technological revolution. They felt without such a change, lawyers will be at risk of not being able to engage with entrepreneurs across a wide swath of platforms.

with a lawyer’s independent professional judgment.

OCTOBER 2019 / BARTALK

professionaldevelopment

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

CBABC Professional Development courses are designed to meet the needs of lawyers while providing the opportunity to network and advance one’s career, practice and business. We pride ourselves on bringing courses to lawyers that provide the required professional responsibility and ethics, client care and relations, and practice management components for your Law Society reporting.

Upcoming Conference

Date: October 29, 2019 Location: Pan Pacific Vancouver CPD: 1.5 Hours Register: bit.ly/bt1019p28-4

Nanaimo County Regional Conference 2019: Exploring Practice Management Fundamentals This conference is designed to provide, and build, a strong foundation on practice management topics for solo and small-firm practitioners. Enhance your knowledge of key operational topics with helpful tips, expert advice and exclusive resources. Date: October 25, 2019 Location: Tigh-Na-Mara CPD: 6 Hours Register: bit.ly/bt1019p28-6

Upcoming Seminars Getting to Access to Justice: The Bridge Between Regulatory Reform and Human Centered Design and Innovation Professor Margaret Hagan, Director, Legal Design Lab Lecturer in Law, Stanford University, proposes a strategic approach that bridges regulatory reform and human-centered design & innovation activities. Her approach challenges lawyers and other stakeholders in the justice system to support regulatory reform as well as engage in more experimentation in their own practices. She’ll share examples of policy change and experimentation which have generated the most impact and encouraged access to justice action. This topic is particularly relevant to the legal community in BC given our cutting-edge innovation and recent access to justice initiatives.

BARTALK / OCTOBER 2019

Making Your Case with a Better Memory The benefits of improved memory are endless! Join recognized memory training consultant Paul Mellor for a session that will bolster your memory. Learn techniques to improve your everyday practice. Mellor’s objective is to show how a trained memory can increase your efficiency and productivity in all aspects of law. He will help you lay a foundation for total recall. Save time in court preparation Effectively recall facts from research and interviews to argue cases Cross-examine with confidence Make polished presentations to jurors and judges without notes Become a better listener in the courtroom Reduce stress, worry less about forgetting to make a crucial point Think quickly and clearly without fumbling Date: November 20, 2019 CPD: 6 Hours Location: Pinnacle Hotel Vancouver Harbourfront Register: bit.ly/bt1019p28-5

Upcoming Webinars Divorce Act, Explained Series (Part 2-3) | October 11, 2019 – Forecasting the Changing Tide of Relocation

Bill C-78 introduces new relocation provisions in the Divorce Act. Relocation is a change in the place of residence of either the child, or a person with parenting time or decision-making responsibilities. For the first time, court orders authorizing or prohibiting the relocation of the child will be permitted under the Divorce Act, while BC’s Family Law Act has had this tool for years. How do you forecast which is the best statute for your family law clients? Take this webinar and keep above the tide. Register: bit.ly/bt1019p28-1

Divorce Act, Explained Series (Part 3-3) | December 6, 2019 – Disclosure & Jurisdiction

Bill C-78 introduces new provisions regarding disclosure and confidentiality under amendments to the Family Orders and Agreements Enforcement Assistance Act. Bill C-78 also takes steps for federal implementation and streamlining of interjurisdictional procedures. The Bill also has new jurisdictional rules in parenting cases. Take this webinar to learn about these amendments. Register: bit.ly/bt1019p28-2

Save the Date The CBABC brings you the South of the Fraser Conference (February 28) and the North of the Fraser Conference (April 17) for the 2020 calendar year. We are bringing you conferences focused on practice management skills that will assist you in life and practice, regardless of your practice area. Prepare to register for both conferences to claim 12 hours of CPD.

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OCTOBER 2019 / BARTALK

barmoves Who’s Moving Where and When

Alexandra Madden

Filza Tariq

joined Clark Wilson LLP as an associate practising in the areas of private company mergers & acquisitions and general business law.

joined Gowling WLG as an associate in their Intellectual Property group. Her practice focuses primarily on trademark matters, including clearance, prosecution, and portfolio management.

Emily Raven

Edith Penty Geraets

joined Clark Wilson LLP’s Family Law and Estates & Trusts Practice groups as an associate.

joined Gowling WLG as an associate and patent agent in their Intellectual Property group. Edith’s practice areas include biotechnology, chemistry, biochemistry, molecular biology, agriculture, clean and greentech.

Erin Barnes

Harry Tomyn

joined Clark Wilson LLP as an associate. Her practice focuses on insurance, business litigation and infrastructure, construction & procurement.

moved his commercial lending and real estate practice to Synergy Business Lawyers LLP.

Scott McLeod

Jeff Read

joined Clark Wilson LLP as an associate practising in the areas of capital markets, securities, mergers & acquisitions, as well as technology transactions.

joined Miller Thomson’s Vancouver office as associate counsel in the Corporate/M&A group. He practises corporate and securities law.

Joy Ren Kindler

Simon Pinsky

joined Gowling WLG as an associate in their Real Estate group. Her practice covers a broad spectrum of commercial real estate matters.

joined EKB as an associate. His areas of focus include commercial real estate, natural resources (mining), securities, and general corporate commercial law.

BARTALK / OCTOBER 2019

Bar Moves space is at a premium and available for free to members on a SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 35 first-come first-served basis, so send your Bar Move (max. 30 words) and a high-resolution headshot photo to bartalk@cbabc.org now. WORDS) AND PHOTO TO CBA@BCCBA.ORG NOW.

TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1910.

Karissa Kelln

Graham Henry

joined Harper Grey as an associate in their Business Law group. She was called to the BC Bar in 2017.

joined Singleton Urquhart Reynolds Vogel LLP as an associate in their Construction and Infrastructure group.

Nicolas McKay

Don MacKinnon

joined Miller Thomson’s Vancouver office as an associate in the Litigation group.

joined Clark Wilson LLP’s partnership in their Commercial Real Estate group in Vancouver.

OCTOBER 2019 / BARTALK

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