A TALE OF TWO POSSIBILITIES | WHAT CAN YOU DO WITH YOUR LAW DEGREE?
APR IL 2012 | www.cba.org/bc
Dual Careers: Lawyer and Information Professional PAGE 12
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CBA NATIONAL NEWS
Protect Client Confidentiality in Disclosing Information about Trust Accounts If you have a trust account at a financial institution that is a member of the Canada Deposit Insurance Corporation (CDIC), you will receive a reminder in April about disclosure requirements you must meet under the CDIC Joint and Trust Account Disclosure By-law. For a trust deposit to enjoy additional insurance coverage, trustees must disclose certain information on the records of the member institution. The good news is that solicitor-client privilege has been addressed and confidentiality of client information can be protected. To protect client confidentiality, a lawyer or notary may substitute an alphanumeric or other code for
the name and address of each beneficiary. The code would refer back to the records maintained at the lawyer’s or notary’s office, thereby maintaining confidentiality. Details at \\
www.cba.org/news/cdic-letter.aspx Visit the CDIC website \\
www.cdic.ca
Write Us Send your Letters to the Editor to: Deborah Carfrae BarTalk Editor The B.C. Branch of the Canadian Bar Association Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 Email: bartalk@bccba.org Note: BarTalk undertakes every effort to publish letters to the editor, subject to space and editorial discretion. Letters to the editor can also be found in BarTalk Online at www.cba.org/bc.
APRIL 2012
VOLUME 24 / NUMBER 2
Contents
Departments
4 FROM THE PRESIDENT Tradition Revisited by Sharon Matthews 5
EXECUTIVE DIRECTOR Do What You Love by Caroline Nevin
6
PRACTICE TALK Non-Traditional Legal Careers by David J. Bilinsky
7
DAVE’S TECH TIPS
8
NOTHING OFFICIAL On Thin Ice by Tony Wilson
Sections
10 SECTION UPDATE ADR-Nanaimo and Family Law-Nanaimo International Assistance ADR-Vancouver Legal Research 11
SECTION NEWS Reach More Members with CBABC Webinars
Features 9
“WHAT DID YOU DO BEFORE PRACTISING LAW?” by Christine Murray
12 DUAL CAREERS by Stuart Rennie 13 WHAT CAN YOU DO WITH YOUR LAW DEGREE? by Derek LaCroix, QC 14 NOT AS SEEN ON TV by Meghan Maddigan 15 A TALE OF TWO POSSIBILITIES by Lance Taylor 16 DISPUTE RESOLUTION UNDER THE NEW FAMILY LAW ACT by Nancy Cameron, QC
Guest
17 LAW WEEK 2012 by Alexandra Schwabe
Inside This Issue Law degree equals lawyer. Or does it? In this issue we hear from law graduates who have charted different paths, in business, research, writing – even martial arts! If you want on the bandwagon, then read how LAP can assist. We also hear snippets of what some lawyers did before they obtained those law degrees (what a talented bunch we are!), and get a call to arms on the detriment to our society from a lack of lawyers in politics. We also preview the upcoming Family Law Act and this year’s Law Week activities.
News and Events 2 CBA (BC) Benevolent Society Protect Client Confidentiality in Disclosing Information about Trust Accounts 18 Focus on National Advocacy 19 Focus on National Advocacy Continued 2012 CBABC Winter Conference, San Francisco, California, November 23-25, 2012 20 Legal Education and Access to Justice CLEBC Update 21 Legislative Update Branch & Bar Calendar Health & Wellness TIPS 22 Sections TIP Save the Dates: Upcoming CBABC Women Lawyers Forum Events CBA Canadian Legal Conference
Also In This Issue
23 LAW FOUNDATION OF BRITISH COLUMBIA 24 PROFESSIONAL DEVELOPMENT &
MEMBER SERVICES
25 DISPLAY ADS 26 BAR MOVES 27 NEW MEMBERS
APRIL 2012 / BARTALK 3
FROM THE PRESIDENT SHARON MATTHEWS
Tradition Revisited Lawyers in elected office
N
ot so long ago, law degrees were often precursors to a political career. Not so anymore in British Columbia. Very few of our elected politicians are lawyers or have law degrees. As a profession, we need to turn this around. We don’t need to take over the legislature, but we should strive to ensure that more than a handful of provincial MLAs are legally trained. Not in our own interest, but in the public interest. A law degree is a terrific under-pinning for public service. At law school we refine and enhance critical thinking and problem solving. We learn about society. Historically, the emphasis was on the doctrinal concept of the rule of law’s place in society, but now law school curricula have so much more: the intersection between society and law, not just prevailing law but the laws of different cultures and the laws of aboriginal peoples. Human nature includes a disposition toward conflict and disputes. The rule of law’s place in society is at the bottom of every person’s heartfelt exclamation of “that’s not fair.” Law school teaches us how independent and impartial decision makers, and independent lawyers, provide a framework to have fairness as the foundation to the resolution of every dispute. More generally, law degrees help us understand how known and stable laws and processes ground the proper functioning of society, from business arrangements, to immigration laws, to our social welfare system. This has never been more important than now. The justice system is under huge pressures on a number of fronts: access to justice, especially legal aid; the separation of the judicial branch of the government from the legislative and the executive branches 4 BARTALK / APRIL 2012
through the principle of independence of the judiciary; and the (lack of) resources put into the administration of justice, including Crown counsel, court services staff and the judiciary. I fear these pressures are causing the legislative and executive branches of government to question the role of the rule of law in society and to overlook the importance of the judicial branch of government. This is a worrying trend. As we look for opportunities for efficiencies, such as early resolution, ADR and diversion, we must ensure that such initiatives are backstopped by a properly resourced rule-of-law-based system for resolution of disputes, including an impartial decisionmaker to whom all have equal access. For example, a mediated settlement is neither voluntary nor just if it is the only option for a person who has not had advice and representation in the process.
We need more lawyers and people with law degrees in policy-making positions. Not for partisan reasons – not to promote the interests of lawyers. But rather for the most non-partisan reason of all – to promote the rule of law in policy-making. Those who run for elected office deserve all of our thanks for stepping forward to do difficult, usually thankless, work that has a lot more to do with public service than pursuing their own agendas. Thank them. After you thank everyone you know who has run for elected office, think about the lawyers you know who should run for elected office, regardless of their political stripe. Talk to them, hound them, shame them into letting their names stand. And while you are at it, hound yourself. Use your law degree in a once-traditional manner – stand for elected office. Restore the tradition of lawyers as part of the fabric of elected office in British Columbia.
Sharon Matthews
president@bccba.org
EXECUTIVE DIRECTOR CAROLINE NEVIN
Do What You Love And love what you do
W
hen students enter law school, they are optimistic about the good they will do in the world. Research shows that for many, that optimism suffers a rapid if not fatal drop not long after entering practice. The good news is, there is a big rebound on that number once lawyers get more comfortable with what they’re doing and find the right place to be. The big challenge for anyone, whether or not in law, is to discover a career and workplace that align with your passions. Not every day may be happy, nor every task seem useful, but there is a feeling of being in the right place, with the right talent, skills and experience to make a difference that matters to you. If you have found that place already, that’s great. If you’re still looking, the first question to ask is whether your passion is actually the practice of law. If it is, are you in the right practice area? Are you in the right practice setting – small firm, large firm, solo practice, Crown, non-profit, in-house, etc.? And if law is no longer the inspiration it once was, perhaps it’s time to consider other options. The good news is that you already have a set of valuable – and valued – transferable skills. Among many others: problem-solving, including the skill to break down a problem into its component parts research and information synthesis written and verbal communication/presentation time management negotiation analysis and attention to detail logical reasoning If you are interested in still being in the business of resolving problems, you might consider
mediation, arbitration or labour relations. Like running things? Maybe a career in corporate, university or health administration or management would be of interest. Want to teach or write full-time? Perhaps it’s time to think about an academic career. Care about the environment? Always been fascinated by public policy? Issue advocacy? There’s a job for that! If you want to move on from where you are, there are plenty of choices. Duquesne University, Pittsburgh lists 600 things you can do with a law degree (other than practice law)! The key to figuring out where you want to go next is to invest time in getting to know yourself better and to canvas those who know and work with you, to get the most accurate picture of yourself and what others see in you. In addition to reflection and conversations, you could consider using some of the many available
self-assessment and evaluation tools. At the CBABC senior management level, for example, we used a specialized 360 format based on Stephen Covey’s Speed of Trust work that gave useful feedback that went beyond selfperception. Input from others is as important as your own views about what your strengths are and where you should be going. I’ll give the final word on this subject to Jennifer Alvey from L e a v i n g l a w. w o r d press.com, who writes: “The dreams to follow are ones that light you up with their possibilities. That make you want to get up in the morning. The dreams to chase are those that give your life meaning, not just creature comforts. Even if they’re really nice creature comforts like vacations abroad, expensive homes and luxury cars.... I’m not saying that wealthy people are by definition unhappy. The happy ones have meaning in their life first, not big bank accounts first. I beg you – keep on searching for the dream that fires your imagination and your soul.”
Caroline Nevin
cnevin@bccba.org APRIL 2012 / BARTALK 5
practicetalk DAVID J. BILINSKY
Non-Traditional Legal Careers Because some of us are a little different... Like a square peg in a round hole. No, don’t ever fit in. So you don’t beg, or sell your soul. Oh, you’re stronger within ...r r
I
– Music and Lyrics by B. Knight, P. Simm, recorded by Beverly Knight.
have friends in large law firms who don’t understand why someone who worked their way through law school wouldn’t want to practise law in a big law firm. On the other hand, I have met many others who couldn’t imagine working for a large law firm. Accordingly, this column is written for all the square pegs out there who are searching for other ways to make a living with a law degree other than falling into the maw of the big firm private practice. Danielle D. Hansen stated, “Law school stresses critical, analytical, and logical thinking and writing skills, as well as impartiality and the ability to see issues from all angles and points of view. You were also taught how to survive and thrive in an intensely competitive and stressful atmosphere. You may take for granted the basic skill set learned in law school, but these skills are not as common in the workforce among non-lawyers as you may think.” Why seek an alternative career with your hard-earned legal skills? For one, the time demands of private practice may simply be too much. There are many people whose personal circumstances require them to balance other requirements alongside a career. Of course, while the big example here is working moms, there are many other lawyers who face similar time demands that rule out a traditional practice. But aside from time constraints there are many other reasons for seeking out a different career. You may have an entrepreneurial bent – venturing into the hustle and bustle of a business career may appeal to the high-octane side
6 BARTALK / APRIL 2012
of your personality. Others may be more introspective – a life in education, research and writing may be the quiet intellectual challenge you seek. You may have a dual interest, in which case blending your law background with your other interest allows you to remain active in each. For example, if you have an HR background, then coaching or executive search careers in the legal area may be a good suggestion. Others with an interest in labour negotiations may wish to work in either the labour or management side of things. Of course, many lawyers become mediators, judges and arbitrators. Increasingly these days we are seeing lawyers combine technology with law in consulting, programming, forensic or business careers that blend all or some of these [the writer has absolutely no experience here :-) ]
All governments have need of lawyers in many different roles. So do international bodies such as the UN (I once met a Canadian lawyer who was working in international business law for the UN in Vienna). Banking and finance offer opportunities for those who find that environment interesting and a challenge. You could become an ex-pat and find yourself working in Hong Kong, Dubai or Singapore. I met a lawyer who was working for NASA when the issues of a capsule’s right to overfly nations were being dealt with. A few of us become writers such as Scott Turow, William Deverell and John Grisham. Some of us go into social causes and work for organizations that seek to change the world. In fact, there are so many opportunities outside of the traditional practice of law that you don’t have to be a square peg in a round hole; you can be stronger within by finding a career that is fulfilling, soul-satisfying and challenging. The views expressed herein are strictly those of the author and may not be shared by the Law Society of British Columbia.
David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia. Email: daveb@lsbc.org Blog: www.thoughtfullaw.com GO ONLINE FOR MORE INFORMATION
dave’s techtips Below is a list of websites that offer advice to those looking for nontraditional careers for lawyers There are many resources out there: CBA PracticeLink \\
has a great article on alternative careers: www.cba.org/cba/ practicelink/careerbuilders_advancement/alternatives.aspx University of Toledo \\ has a good list of nontraditional legal careers: http://law.utoledo. edu/students/career/ nontraditional.htm Employment \\
Crossing allows you to search legal job openings: www.lawcrossing. com/article/116/Alternative-Legal-Careers/ While traditional \\
legal recruiters such as ZSA www.zsa.ca/zsa. php and Counsel Network www.thecounselnetwork.com are more about traditional
legal careers (but offer careers in non-traditional locations and in corporate settings), Monster.com www.monster.ca, and Workopolis www.workopolis. com offer advice as well as a wide range of possible careers. Quintessential Careers of\\
fers a Top 10 Other Job Board Sites for job seekers www.quintcareers.com/top_10_sites.html as well as great articles such as “The 10-Step Plan to Career Change” along with other
career changing resources www.quintcareers.com/career_change_resources.html. Weddle’s, along with \\
listing employment, personal development and career success resources, conducts a Users’ Choice Award survey for the best job seeking sites on the web. www.weddles.com. Fortune Magazine lists \\
the 10 Hot Careers for 2012 and Beyond http://management.fortune.cnn. com/2011/12/27/10-hotcareers-for-2012-andbeyond/ No big surprise that information technology is #1. Patty Inglish MS \\
in a great article “Top 10 Best Hot Jobs and Careers for 2012–2022: Predictions, Analysis and Comparison” http://pattyinglishms. hubpages.com/hub/ Top-10-Hot-Careersto-2010 lists a great deal of advice and information for career changers. The UN’s “Inspira \\
– Human Resources Gateway” https://inspira.un.org/psp/PUNA 1J/?cmd=login&langua geCd=ENG).
© 2012 David J. Bilinsky
APRIL 2012 / BARTALK 7
nothingofficial TONY WILSON
On Thin Ice Where Canada’s New Government boldly goes…
T
he Tories have had their majority for almost a year now and it’s a fascinating time to watch Canada’s New Government in action. So let’s have a quick peek at a few policy initiatives of theirs, shall we? First, let’s take Public Safety Minister Vic Toews and his introduction of the Protecting Children From Internet Predators Act. It gives the police some very sweeping powers to obtain ISP addresses to see whether Canadians are looking at Facebook, YouPorn or Ebay on the Internet at night. He defends this by stating in the House of Commons: “You’re either with us or you’re with the Child Pornographers.” This led Margaret Wente, my co-columnist at the Globe and Mail (oh, how I love the sound of that) to write a column “On Internet Privacy, I’m With the Child Pornographers.” In it, she said that the police have enough powers to catch the really bad guys, thank you very much. But she found it a tad hypocritical that the same federal government that abandoned the long form census and the long gun registry because “our right to privacy was threatened by egregious intrusions from the state” now wants to be able to see what every Canadian is doing and viewing on the web. You know, just in case we’re all child pornographers. Or terrorists. Or both. Yet the very week the Tories wanted to give the police more powers to see what porn Canadians were looking at online, the Vancouver Police commenced an investigation against 15 of their own employees, (including officers ranging from Constable to Inspector) for downloading and circulation of online porn! Yesiree, in a sketch the Pythons couldn’t have written better, Chief Jim Chu admitted that VPD employees were caught receiving, viewing and sending “inappropriate pictures and videos on police department computers while on the job.”
8 BARTALK / APRIL 2012
Perhaps there’s an efficiency angle to giving the police a lot more power to see what porn Canadians are watching online. At least they’ll know where to find it quickly! Next, take our New Government’s desire to enforce mandatory minimum prison sentences for possession of more than six marijuana plants in the face of overwhelming evidence that marijuana is safer than alcohol. Ironically, in the week I’m writing this, four former Attorneys General have come out in favour of decriminalization because the current “tough on weed” strategy has only made the Hells Angels rich and turned Metro Vancouver into a part-time war zone littered with dead bodies and bullets. Selling weed in liquor stores might even fill the huge fiscal gap created when Ted Hughes’ libeller, Bill Vander Zalm, made up even more facts and hoodwinked 54 per cent of the voting public into thinking the HST was a bad thing.
As for mandatory minimum sentences, I’m encouraged that at least one judge has declared that on the facts before her, a mandatory minimum sentence was cruel and unusual punishment and violated the Charter. Finally, the Tories are building more prisons. Yes, we all know recidivism rates are in decline and the crime rate is lower now than it was in 1979 so there’s no real need for them. But wait! What if they use these new prisons to better establish Canada’s sovereignty in the high Arctic! So I suggest that Canada’s New Government build all these new prisons on Ellesmere and Baffin Island and other places along our Arctic Coast. We could have a Gulag Archipelago of prisons that would appease all those “tough on crime” voters, while pushing our national footprint as far north as possible to have an even better claim when it comes time to confront the Danes, the Russians and the Americans about who gets to control the Northwest Passage when the ice all melts. But someone please tell the Tories to build all their new prisons on the rocky bits of the Arctic and not on the icy bits, because I hear many of them don’t believe in global warming. The views expressed herein are strictly those of Tony Wilson and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.
feature CHRISTINE MURRAY
“What Did You Do Before Practising Law?” Inquiring minds want to know
T
he month of February was spent querying lawyers across British Columbia on precisely this question. Knowing how diverse and talented the legal profession is, it is not surprising that there were impressive and varied responses received. While Christine worked at Starbucks for years during school, which provided a wonderful experience in dealing with people, it is far less interesting than most: “I
was a professional percussionist and performed with orchestras around Canada, including the Toronto Symphony Orchestra.” — Craig D. Young, Dwyer Tax Lawyers, Victoria “I was stationed in Northern Alberta with the RCMP and each summer I worked as a Rodeo Cop.” — Garry F. Benson, QC, Benson Law LLP, Kelowna “I played the role of “Diet Coke Dave” in a Diet Coke commercial broadcast across Canada.” — Aaron D. Lightman, Farris, Vaughan, Wills & Murphy LLP, Vancouver “I was a radio station manager and DJ in Sackville, New Brunswick and interviewed the fifth Beatle Pete Best, Blue Rodeo, Ron MacLean and everyone’s favourite icon Stompin’ Tom Connors.” — Mark Norton, Hart Legal, Vancouver “I was an Army officer in the Canadian Forces for nine years,
and participated as a United Nations Peacekeeper in Rwanda.” — Stephanie A. Sieber, McConnan, Bion O’Connor & Peterson, Victoria “I was a boring and subdued policy analyst in the B.C. government by day and a wild and crazy Keg waiter by night.” — Tony Wilson, Boughton Law Corporation, Vancouver “I was a professional symphony musician with a number of orchestras, including the Victoria Symphony, and twice got to perform with the Moody Blues.” — Heather Fisher, Horne Coupar, Victoria “I worked briefly as a ball room dance instructor in Arizona.” — Bill Murphy-Dyson, Cox Taylor, Victoria “One memorable job (although I can’t say it was my favourite) was working for an inventory company, going into grocery stores to count stock. I was literally counting beans.” — Andrew Tam, Mulligan Tam Pearson, Victoria “I sang opera, was a soloist at a Burnaby funeral parlour, performed in Theatre Under the Stars, and joined a Las Vegas-style show band. My audition song was Kiki Dee’s ‘Don’t Go Breaking My Heart.’ After that I was a flight attendant for Wardair.”
— Georgialee Lang, Vancouver, Kelowna, Palm Springs “I worked as a wheat farmer in training, masters degree in raising hell and other heavy objects.” — Grant Hardwick, Doak Shirreff LLP, Kelowna “I worked as an illustrator in Tokyo and in animation production for Children’s Television Workshop.” — Gale Kim, McMillan, Vancouver “I was a Regional Intelligence Officer for Canada Customs (now the Canadian Border Services Agency) and prior to that a Customs Officer working in Niagara Falls at the Rainbow Bridge.” — Nancy Merrill, Merrill, Long & Co., Nanaimo “I was (and still am) an actor for a number of years before becoming a lawyer, performing on stages across Canada, as well as performing classical Japanese theatre in Japan.” — Christopher Mackie, Suntok Mackie, Victoria “My first job was as a soccer referee on the North Shore.” — Sharon D. Matthews, CBABC President, Camp Fiorante Matthew Mogerman, Vancouver “I served as the third officer on the passenger liner Canberra and I travelled through the Mediterranean during the war of 1967.” — Michael S. Frost, Vancouver
If you had a notable pre-law career, please let BarTalk know for future publications. Thank you to everyone who participated. Family Lawyer Christine Murray practises at Hart Legal. APRIL 2012 / BARTALK 9
sections SECTION UPDATE
ADR-Nanaimo and Family Law-Nanaimo
Keep Current A review of Donna and Marshall Soules u attended a three-day Master provincial Section meetings. Mediators Institute in March 2011 ADR-Nanaimo and Family Law-Nanaimo Meeting: January 26, 2012 Speakers: Donna Soules and Marshall Soules Topic: Mediation in the Brain: Engaging Trust and Empathy in Alternate Dispute Resolution (ADR)
International Assistance Meeting: February 22, 2012 Speakers: Parvinder Hardwick and Eugene Kung (pictured), British Columbia Public Interest Advocacy Centre Topic: The Legal Resources Centre in South Africa
ADR-Vancouver Meeting: January 17, 2012 Speakers: Dr. Frank Fowlie, Internet Ombudsman, Fellow of the National Centre of Technology and Dispute Resolution; David Bilinsky, Law Society of B.C. (pictured); and Kari Boyle, Executive Director, Mediate BC Society Topic: Clicking Your Way to Resolution: Online Dispute Resolution
Legal Research Meeting: January 25, 2012 Speakers: Kevin Zakreski and Emma Butt (pictured) of British Columbia Law Institute (BCLI) Topic: Recent British Columbia Law Institute and Canadian Centre for Elder Law (CCEL) Projects: Using Historical and Comparative Legal Research in Law Reform
10 BARTALK / APRIL 2012
in Los Angeles called “Wired for Empathy: Understanding Human Connection, Trust and Effective Decision-Making.� Presentations covered recent developments in neuroscience as they apply to mediation and conflict resolution. Much of this research is based on advances in neuroscience since the mid-90s aided by innovations in medical imaging and discoveries involving neurotransmitters such as oxytocin. Donna and Marshall noted how the study of empathy, trust, risk analysis and decisionmaking are being applied equally to economics and mediation. They presented an excellent paper summarizing the current research, while Donna, an active mediator, provided further commentary specifically related to ADR. They have been invited to make a follow-up presentation on these materials on June 5 to the Nanaimo mediation group.
International Assistance Parvinder Hardwick spoke
uabout her placement as a CBA
International Intern at the Legal Resources Centre (LRC) in Johannesburg, South Africa. She described her day-to-day work drafting, doing client intake, public outreach, and developing case strategies in relation to issues of sexual violence against women and among others. She met and developed a working relationship with George Bizos, a famous South African advocate with a history of anti-apartheid work. The work was inspiring and challenging,
and she reports that it felt good to help people in need. The LRC is a good place for interns, with established systems in place. Eugene Kung spoke about his placement as a CBA intern at the LRC in Durban, South Africa. He talked about South Africa’s progressive constitution, and its proactive constitutional court. Eugene was involved in two cases, which used the constitution to enforce positive human rights at the local, state and national levels. The LRC in Durban is a terrific place to work. Eugene expressed his personal concern about Canadian International Development Agency’s changing priorities in partnering Non-Governmental Organizations with mining companies to deliver their corporate social responsibility programs.
ADR-Vancouver The speakers explained that
uOnline Dispute Resolution
(ODR) was born out of the combination of Alternate Dispute Resolution (ADR) and Information and Communication Technologies. In ADR, there are three parties: the plaintiff, the defendant and the neutral third party. ODR introduces computers and software – an independent fourth party that can help manage the dispute. At its highest and most sophisticated levels, ODR technology applies mathematical models and algorithms based on group theory to resolve the dispute. There are many implementations of ODR systems that range from simple blind-bidding systems (one variable, two parties), where the system does not reveal what each person is willing to accept unless a settlement is reached (the software compares each party’s position and declares
a settlement once the positions become sufficiently close), to assisted negotiation, adjudicative methods and others. Many governments are looking at more localized ODR systems for small claims, custody and family disputes, among others.
Legal Research The speakers discussed how they use legal research to contribute to law reform. Recent BCLI projects focus on probate, wills and succession, the Society Act, and changes to family law. The new Family Law Act incorporates changes recommended in BCLI reports. Research for law reform involves considering the historical development of law in the area and how other jurisdictions address the matter. The CCEL is dedicated to exploring particular legal issues, which affect older Canadians. CCEL’s research is comparative and interjurisdictional, and may engage a wide range of areas of law, including human rights, employment, pensions and benefits, advance care planning and others. Ms. Butt noted that research in the emerging area of elder law often involves extensive interjurisdictional literature, policy and case law reviews, as well as broad consultation with stakeholders and experts. The growth of elder law reflects a worldwide demographic shift and the increasing need for legal education and research.
u
For enrolled CBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in Sections under Professional Development.
COMMENT
Reach More Members with CBABC Webinars by James Kondopulos, Chair, CBABC Employment Law Section
Webinar technology is offered by the B.C. Branch of the Canadian Bar Association (CBABC) to improve the accessibility of Section meetings. For the 2011/2012 Section year, the Employment Law Section has been able to offer remote access for every one of its meetings. Because all meetings are held in downtown Vancouver, webinar technology has dramatically improved the reach of the Section’s meetings. Section members outside the downtown core and across the province regularly attend meetings remotely and are able to view the presentations in real time, actively participate in the meetings and, in addition, ask questions of the presenters. The webinar technology is reliable: the video images are clear and the sound is audible. Remote access can only increase the value of Section membership. Sections other than the Employment Law Section are strongly encouraged to use the webinar technology made available to them by the CBABC.
GO ONLINE FOR MORE INFORMATION
APRIL 2012 / BARTALK 11
features STUART RENNIE
Dual Careers
Lawyer and Information Professional
H
olding both a UBC law degree and masters degree in library and information studies, Stuart Rennie is practising two careers at the same time. How these careers as lawyer and information professional intertwine may be of interest for lawyers considering using law degree skills in a non-traditional way. After being called to the Bar in 1990, Stuart practised law as a personal injury litigator, refugee lawyer and corporate solicitor. Since 1996, Stuart has been a sole legal practitioner, focussing on information. Since 1997, Stuart has been the CBABC’s Legislation and Law Reform Officer. Stuart enjoys the challenge and diversity of his work for the CBABC. In 2010, Stuart was awarded the CBABC Presidential Award of Distinction for Exceptional Service. A phrase that sums up Stuart’s career path is “lifetime employability.” “I seek out new career opportunities, so I am always learning new skills. That way I keep competitive.” In the 1990s, when the opportunity came to go to library school, Stuart jumped at the chance. Initially practising as a law and business librarian, Stuart is now best described as an independent information professional. He consults and writes on privacy, copyright, records management, records retention, digital forensics
12 BARTALK / APRIL 2012
and archival science. Academically, Stuart has created and taught graduate courses in competitive intelligence for information professionals, and archives and the law at UBC, where he is an adjunct professor. Stuart is a frequent invited speaker at workshops and conferences across Canada. Stuart’s two careers as a lawyer and information professional are intertwined – both require analytical thinking and a keen attention to detail. Both are dependent on sales and keeping to budgets to make a profit. Both need to have the client’s interests front and centre. There are, however, differences. Information professionals are generally less aware of risk and liability than lawyers. “With the jurisdictional problems inherent in practising virtually, information professionals need to be more like lawyers in limiting their liability and being legally compliant.” Unlike lawyers, information professionals spend less time on resolving conflicts. They spend more time than lawyers on public speaking and presentations and are always, always researching and reading. Information professionals have less regulation than lawyers. Information professionals need, because of the changing nature of information,
to be more entrepreneurial than lawyers, since information changes at a greater rate than law and, as a result, there is a greater need for them to adapt and innovate more than lawyers. Stuart says: “I work longer hours now than when I was in the law firm. My work time is more flexible so I make time for family, friends and hobbies. However, I am now a 365/24/7 professional working harder and smarter in ways that I could not have imagined when I began my law career.” In addition to his law and information practices, Stuart is a martial artist, having a third degree black belt in Okinawan Meibukan Gojyu-Ryu karate. In 2012, Stuart went to Okinawa, Japan where he was invited to give a karate demonstration, along with other international karate practitioners, at the 100th Anniversary Celebration of the birth of Grand Master Meitoku Yagi, the founder of the Meibukan. Stuart professes that “Karate is fun. It gives me the fitness, discipline and focus to continue to practise two careers at the same time in an environment of constant change.” Stuart’s advice for lawyers using law degree skills in a nontraditional way is to “expect the unexpected,” acknowledge that “change is constant,” that “taking care of the details takes care of the rest,” and to “be happy, be now.” Stuart Rennie is CBABC’s Legislation and Law Reform Officer, an independent information professional, a martial artist and BarTalk’s current cover shot model.
DEREK LACROIX, QC
What Can You Do With Your Law Degree?
The answer is “anything you want.”
T
he law degree is a valuable credential. To obtain it required dedication, commitment, effort, intelligence and other readily transferable skills and abilities. In addition to “the law,” you learned to “think like a lawyer.” You can analyze, present persuasive arguments, write in a cogent manner, organize your thoughts, consider various opinions, critique and learn to apply rules, laws, and systems to varying factual situations. You are remarkable, unique, highly intelligent and able to learn.
What you do with this credential depends on you. The better question might be “what do you want to do now with your law degree?” This is a question that can be asked throughout your life and career. It is a normal part of growth to make changes throughout your life. The first challenge is to clarify what you want. The LAP can help you enter a process of exploration to find out what might be the next thing for you to do. What do you want? What do you value? What are your interests? What skills do you have? What type of personality traits and preferences do you have? As billionaire businessman Malcolm Forbes said, “the only career advice of any value is to do what turns you on.” The process of self-exploration applies a set of skills that can be learned. To know thyself is important in order to create a healthy, happy and fulfilling life. It is also the first step in making a career choice. Once you have determined what you want, you would then research what opportunities there are, or that you could create, that suit you. If you are practising as a licenced lawyer you will discover many other ways to practise law that would
best suit you. There are many ways to use your education, skills, abilities and credentials in productive, fulfilling ways. The law degree is an excellent credential in business, in government, in the not-for-profit sector, as a speaker, as a writer or as a consultant, among others. Again, the LAP can help you focus your thinking and examine the many alternatives. Once you find out what you want to do and some opportunities to do it, you next have to present your ideas. This can include creating a resumé, writing letters or preparing a business plan, a project plan, or even a job description. In this rapidly changing world, there are opportunities to do things that currently don’t exist. You have the ability to visualize, plan, and make those things happen. When the time comes for you to go out and begin to ask for what you want, perhaps over and over again, your ability to commit and to persevere becomes a big asset. At this last step of making things happen, many people can use some support. The LAP offers support through its counsellors, peers and in groups. The LAP has an “Options for Lawyers” workshop on the third Wednesday of every month at 12:15 p.m. at the LAP office in Vancouver. Watch out for the one-day workshop “What Can You Do With Your Law Degree?” Check out the LAP website at www.lapbc.com or call us at 604-685-2171. Derek LaCroix, QC is the Executive Director of the Lawyers Assistance Program of B.C. APRIL 2012 / BARTALK 13
features MEGHAN MADDIGAN
Not As Seen on TV How a love of law led me to the library
M
y Grade 12 yearbook is filled with illegible scrawls wishing me well in law school. I have always loved the law – its philosophical basis, its depth and range, even its eccentricities. I now work steeped in it, literally surrounded by it and in the heart of a building that develops it. Yet I am not the classic TV portrayal of a lawyer. I work for Courthouse Libraries BC and couldn’t be happier. When I went to work for the library, colleagues teased me that I was going to need to start wearing my hair in a tight bun while expounding on the merits of the dewey decimal system. They also warned me I was likely to get bored. I’m delighted to report they were mistaken. Courthouse Libraries BC is a non-profit organization that serves two very distinct groups: the legal community and the public. Finding ways to meet these very different needs leads to an array of challenges, especially within the budget of a non-profit society. Yet accomplishing this is one of the things that make this work rewarding. It’s also rewarding to get to be part of an organization that is reinventing itself. We are so much more than books; becoming leaders in utilizing technology to expand access to legal information. As our technological abilities grow, more people from more
14 BARTALK / APRIL 2012
places can access reliable legal information in a practical way. This makes me excited to come to work in the morning. Describing my “daily job” is difficult due in a large part to the diversity that makes up my day. I organize and deliver training and outreach programs to lawyers around the province, making sure there are programs that I would have wanted to attend as a practising lawyer. I also help train legal advocates and those helping the public access legal information. I contribute to both of our websites – www.courthouselibrary.ca
I have always loved the law – it’s philosophical basis, its depth and range, even its eccentricities. I now work steeped in it, literally surrounded by it and in the heart of a building that develops it. and www.clicklaw.bc.ca, our public-facing website. I meet with law students, articling students, and
clerks to introduce them to finding tools and help. I field calls from lawyers around the province to see what they want and need from us. I also help on the reference desk – when lawyers get stuck on their research, I get to help solve their clients’ toughest legal challenges. I am privileged enough to do all of this without recording lengthy timesheets and my day is no longer meted out in six minute increments. Instead of being adversarial with other lawyers, I get to call them and simply ask, “how can I help?” My job is about helping people access the law. At its core, I get to be part of access to justice in this province and it inspires me. Sometimes this is obvious – when I help self-represented litigants find key information to understand the process they are in. But when I help lawyers do their job in a way that makes them faster and more efficient, I know they can offer their clients less expensive service and this means more people get access to their skills. When I help newly called lawyers with skills to find the right legal information and show them where they can go for help, I know that we are building a strong foundation of new lawyers in B.C. In high school, I had no idea that a career in law would lead me to a library. I am so delighted it did.
Meghan Maddigan, Client Services, Legal Community Liaison, Courthouse Libraries BC.
LANCE TAYLOR
A Tale of Two Possibilities Law practice or private company: A personal experience
A
pologies to Charles Dickens. 1981 was the best of times and it was the worst of times, it was a time of enthusiasm for the future and it was a time of grim, present realities; economies were in recession, jobs for newly minted law grads were scarce and mortgage rates went over 20 per cent! Happily, law school teaches more than Donoghue v Stevenson. Selfreliance may be obiter dicta and subtle, but it is there; it teaches that evidence, not panic, is the best guide to problem solving. So, even if one’s brief but intense legal career appears stalled, business opportunities abound. In my case, the “business” meant a startup company that designed and manufactured orthopedic appliances. Our forte was knee bracing for sports medicine and osteoarthritic patients: jocks, wannabe jocks and broken down jocks. In business, a background in the law is a good thing. The enthusiasms of startups often teeter on the brink of precipitous actions and sober second thoughts are like the bungie that pulls back just when it appears that free fall is all there is! Businesses need business plans; they are great shining beacons of good intentions. But keeping the fire lit and the “plan” vibrant requires good old, “in the trenches axe and spade” work. Equipped
with a viable plan and a good marketable idea, our company next needed sales. In the trenches, my first job, after appearing in the Court of Appeal, was selling knee braces! Salesmanship is an art. Every up and coming barrister needs to realize that “selling” is a vital part of what they do. Sales done well, like appearing before a judge for the first time, is hard and comes with its own nervous moments and rules. A cardinal rule of sales is step four: ask for the order. Without observing that rule, nothing happens; you don’t get paid! When I
Salesmanship is an art. Every up and coming barrister needs to realize that “selling” is a vital part of what they do. failed to learn that rule for my virginal sales trip, it took some serious introspection and the realization that, as a brand new lawyer turned “sellor,” I was at least as well educated and trained as the “sellee.” That done our “Sales and Marketing,” flourished.
Growing pains aside, our business burgeoned. Franchises in the US, Europe, Japan, Australia, New Zealand, Taiwan, Korea, and India were a testament to that. A company grows by leaps and it soon becomes obvious that the founders can’t do all the work. Hiring other people to do things that you thought you were good at is a leap into the unknown. You are now “Management” and they are “Labour,” and suddenly those labour and employment law courses are relevant again. Success also means that others are watching and copying your ideas – the nerve! Intellectual property law focuses the mind sharply, especially if the IP in question is the hard won edifice on which your company sits. IP law is very esoteric and expensive to prosecute, but if you have the colour of right, ultimately rewarding. The law that being in business requires runs the full range: corporate and commercial, tax, labour, IP law, torts, contracts, franchise, agency and partnership and more. While many of those mean hiring specialists, law school provided the set of intellectual tools to help guide and grow an enterprise. Ultimately, our company was bought by a much larger one and the founders are all now retired. I don’t know if it is a far, far better thing to do than I would have done before (sorry, Charles), but it worked out. Until his retirement, Lance was VicePresident and in-house legal counsel of Generation II Orthotics Inc. APRIL 2012 / BARTALK 15
guest NANCY CAMERON, QC
Dispute Resolution under the New Family Law Act
A province-wide collaborative roster
O
n November 24, 2011, the new Family Law Act received Royal Assent. It is anticipated that the majority of the new Act will come into effect twelve to eighteen months after Royal Assent was granted. The new Act contains numerous changes to the statutory scheme governing family law in this province. Family law lawyers are working to educate themselves about the substantive changes made to the law, particularly as they relate to division of property. Viewed from the perspective of cultural change in the legal profession, perhaps the most significant change the new Act brings is its design around an overarching and fundamentally different mandate for resolving family law disputes. Unlike the Family Relations Act, which was drafted with the assumption that cases would at least begin in the court system, the new Act is a deliberate and sophisticated move toward promoting cooperative approaches to resolve family law disputes. It has been drafted with the assumption that most cases settle and that the public deserves a variety of high quality dispute resolution options. The Family Law Act has taken into account many of the recommendations made in the July 2005 report released by the Family Law Working Group appointed by the Justice Review Task Force.
16 BARTALK / APRIL 2012
For the first time, we have an Act that defines “family dispute resolution.” This definition includes use of family justice counsellors, parenting coordinators, mediation, arbitration, and collaborative family law. Section 8(1) of the Act mandates that all family dispute resolution professionals (including, of course, lawyers) do an assessment as to whether or not family violence has been present and, having regard to the assessment, section 8(2) sets out that the professional must: discuss with the party the advisability of using various types of family dispute resolution (which is now a defined term in the Act) to resolve the matter, and
It is anticipated that the majority of the new Act will come into effect twelve to eighteen months after Royal Assent. inform
the party of the facilities and other resources, known to the family dispute resolution professional, that may be available to assist in resolving the matter.
Working to address the question of ensuring high quality dispute resolution services in its report, the Family Law Working Group recommended that a roster be established for collaborative practitioners, modelled on the (then) B.C. Mediation Roster Society’s family roster (now Mediate BC). The collaborative community has risen to this challenge and is launching the B.C. Collaborative Roster Society to continue to build excellence in collaborative practice. The collaborative roster will support, and be supported by, a provincewide, high-quality group of collaborative practitioners. These will be collaborative lawyers, mental health professionals, and financial specialists who have met the criteria of significant training and experience in the collaborative model and have made a commitment to continued education as well as a commitment to excellence in collaborative practice. The roster is being established so that the public and the legal community have confidence in the quality of services provided. You are invited to attend the launch of the B.C. Collaborative Roster Society, which will be held at the Law Courts Inn at 5:30 p.m., May 10, 2012.
Nancy Cameron, QC specializes in collaborative law and mediation. Nancy also trains and teaches interdisciplinary collaborative practice, advanced negotiation, and collaborative practice subjects.
Law Week 2012
WWW.BCLAWWEEK.ORG
u 2012 Law Week’s theme, Access to Justice: The Celebration of the Charter of Rights is sure to entice big crowds. This year, four locations across British Columbia are participating in celebrating the 30th Anniversary of the Charter of Rights.
Province-Wide Activities NANAIMO Saturday, April 14 Events include: the Trial of the Three Little Pigs with a real judge; an RCMP lecture on drugs in the community; Police K-9 demonstrations; a panel of two judges and the Assistant Deputy Attorney General, Criminal Justice Branch, with a Q&A period following; tour of the sheriffs’ van and cells; resource tables; an RCMP walkthe-line demonstration; court registry staff that will be available for questions regarding e-filing small claims and civil claims in Provincial Court; and a raffle.
VANCOUVER April 15-22 A Fun Run for lawyers and their families will take place on Sunday, April 22 at Locarno Beach. The Barry Sullivan Speech Contest will be held at the Vancouver Art Gallery on Thursday, April 19 and the annual Dial-A-Lawyer program will take place on Saturday, April 21. The open house will take place on Tuesday, April 17 outside the Vancouver Art Gallery (facing Georgia Street). A taping of interviews with the Chief Justices will be played throughout the day. We will have judicial games, a crime scene investigation, hot dogs and more! Please come join us for this family fun day!
CRANBROOK Tuesday, April 17 A Mock Trial will be held at the Key City Theatre at 7:00 p.m. The use of the theatre is donated through the generosity of the Key City Theatre Society. VICTORIA Saturday, April 21 Events include: mock “Fairy Tale” Trial; Police K-9 Unit demonstrations; community forum; judges’ Q&A; tour of sheriff’s vehicles; Provincial Mock Trial Competition; resource tables and information, Passport to Justice Treasure Hunt; and a police presentation.
LAW WEEK 2012
Partners and Sponsors PARTNERS
vancouver bar association
SPONSOR
APRIL 2012 / BARTALK 17
news&events BILL S-6, FIRST NATIONS’ ELECTIONS ACT, WELCOMED – WITH CHANGES The CBA supports passage of Bill S-6, First Nations’ Elections Act, with amendments to enhance the governance of First Nations and ensure elections are conducted fairly. “The efforts of Bill S-6 must not interfere with the constitutionally protected right of First Nations to determine their own systems of internal governance,” said Aimée Craft, Chair of the National Aboriginal Law Section, who presented the CBA’s views to the Senate Committee on Aboriginal Peoples on February 29. Read more \\
CBA NATIONAL NEWS
Focus on National Advocacy ONTARIO COURT DECISION HIGHLIGHTS CONCERNS WITH MANDATORY MINIMUM SENTENCES A February decision by an Ontario judge to reject a mandatory minimum prison term highlights the serious concerns of the CBA about mandatory minimum sentences. The CBA has strongly opposed those sentences historically and most recently in Bill C-10, and states this judgment may well be the first of other such decisions to come. Read more \\
www.cba.org/news/mandatoryminimums.aspx
PROS AND CONS OF BILL C-26 In February, the CBA welcomed Bill C-26, Criminal Code amendments that would clarify the law of self-defence and defence of property, and recommends 18 BARTALK / APRIL 2012
several important amendments before passage in order to better achieve the Bill’s goal. “For more than 25 years, the CBA has called for clarification of the law of self-defence and defence of property. We believe this initiative is long overdue and laud the government for introducing the legislation,” says Eric Gottardi of Vancouver, ViceChair of the National Criminal Justice Section. The CBA opposes the proposed change to the citizen’s arrest section of the Criminal Code, as it would overly expand the scope of that section. “We believe that anything which could unnecessarily extend the perceived mandate of private security officers and ordinary citizens to make arrests should be avoided,” says Eric Gottardi. Read more \\
www.cba.org/news/c-26.aspx
www.cba.org/news/s-6.aspx
DRAFT LEGISLATION ON PRPPS SHOULD PROVIDE STRAIGHTFORWARD, LOWCOST RETIREMENT OPTION The CBA welcomes Bill C-25, Pooled Registered Pension Plans Act (PRPPs), but is calling for amendments to ensure the legislation will provide an accessible, straightforward, and administratively low-cost retirement option to Canadians. Read more \\
www.cba.org/news/c-25.aspx
BALANCE TRANSPARENCY AND ACCOUNTABILITY IN LOBBYING ACT REVIEW The CBA states the Lobbying Act must strike a balance by promoting transparency and accountability, while not inadvertently creating barriers to communications between MPs and their constituents, the general public, corporations, and other organizations. Read more \\
www.cba.org/News/lobbying-act.aspx
JUDICIAL COMPENSATION AND BENEFITS During a recent appearance before the Judicial Compensation and Benefits Commission, the CBA emphasized that fair and appropriate compensation and benefits for the judiciary are critical to the maintenance of judicial independence. Although the law requires the Minister of Justice to respond to the recommendations within six months, the CBA’s submission notes that the government’s responses to both the 2004 and 2008 Commission reports were issued well beyond the statutory timeframe. Trinda L. Ernst, QC and Peter Browne, QC, Chair of the CBA’s Judicial Compensation Committee, appeared before the Commission in February. Read more \\ www.cba.org/News/judicial-compensation.aspx
BILL C-31 (PROTECTING CANADA’S IMMIGRATION ACT) OVERBROAD, HARSH The CBA has serious concerns with Bill C-31, Protecting Canada’s Immigration Act, calling it overbroad and suggesting it will likely result in unintended consequences for refugees, as well as other bona fide immigrants and temporary residents in genuine need of protection. Read more \\
www.cba.org/news/c-31.aspx
UBC TEAM WINS 2012 LENCZNER SLAGHT CBA GALE CUP MOOT CBA Second Vice-President Fred Headon congratulated the UBC mooting team for its first-place finish at the 2012 Lenczner Slaght CBA Gale Cup Moot, held February 24-25 in Toronto. “Please accept our congratulations for your hard work, for testing your advocacy skills, and
for an excellent performance,” said Fred Headon, who served as MC at the competition. UBC’s winning team consisted of students Bryan Badali, Lisa Jørgensen, Guy Patterson, and Patrick Williams, along with coaches Mary Ainslie and Isabel Grant. The CBA recently began a five-year sponsorship of the Gale Cup Moot with Lenczner Slaght of Toronto. POLICY RESOLUTIONS At the Mid-Winter Meeting of Council in February, CBA National Council adopted seven resolutions: one on Privacy Act amendments, one on financial literacy and one on reform of the Canada Pension Plan. Four resolutions dealt with by-law amendments. Mid-Winter resolutions \\
www.cba.org/CBA/resolutions/ 2012res/ GO ONLINE FOR MORE INFORMATION
EVENT
2012
2012 CBABC Winter Conference San Francisco, California November 23-25, 2012 Mark this event in your calendar! Our Annual Branch Conference always sells out early. The Conference is a great way to complete your mandatory professional development credits, socialize with faculty and attendees, taste some Southern California wines, enjoy the many shops and fine food restaurants, visit Alcatraz or just take in the many sights and sounds of San Francisco, all in one weekend. The agenda will include hands-on advice on practice management, ethics, as well as relevant topics for both solicitors and litigators. Stay tuned for further details in the next issue of BarTalk.
APRIL 2012 / BARTALK 19
news&events EVENT RECAPS
Legal Education and Access to Justice As brilliant as her writing is as an example of the art of judging, The Right Honourable Chief Justice of Canada Beverley McLachlin, PC (pictured with CBABC President Sharon Matthews) was even more compelling in person. In a modest, unassuming way, she challenged an audience at Thompson Rivers University Law School on February 27 saying, “Our brains are hardwired for justice. To be required to accept that you can’t have justice is to give up part of yourself as a human being. Law is a service profession. Justice should be a fair, timely, basic human right.” Justice Cromwell of the Supreme Court of Canada was honoured at a
dinner organized by the Victoria Bar Association and University of Victoria Faculty of Law. Justice Cromwell took the opportunity to address the 80 guests in attendance regarding the National Action Committee on Access to Justice in Civil and Family Matters, which he now Chairs. Justice Cromwell advises that this Action Committee has four subcommittees working on projects: access to legal services, streamlining delivery of services, access to family resources (more than just the court system), and triage. He identified the three themes uniting the work of the committee: NEWS
CLEBC Update LEGAL RESEARCH AND ELDER MEDIATION Two upcoming CLEBC courses will interest lawyers pursuing alternate career paths or those in private practice seeking to expand their skills. Legal Research 2012 will give busy practitioners a comprehensive review of the tools needed to manage legal research effectively. Legal research is
20 BARTALK / APRIL 2012
engagement, strategic response and collaboration. Engagement refers to an emphasis on action, not just study or sharing of information. Strategic response requires the initiatives to respond to overall systems and strategically improve them so that each part of the court process is efficient from the point of view of the parties as well as the other actors in the system. Most importantly for Justice Cromwell is the theme of collaboration with everyone working together toward a common goal. Silos often pop up when components of the system try to work on their own rather than collaboratively with each other. Collaboration an area of practice that has been transformed by new technology. Lawyers now have a wide array of resources available, from free databases to fee-for-service providers. When faced with so many options, what resources and skills should counsel focus on? Legal Research 2012 will be held on April 20, 2012. Elder Mediation, scheduled for May 16, 2012, will be of interest to mediators, wills and estates lawyers, notaries, health care workers, social workers and financial planners. Elder and guardianship mediation is a new and growing field
further requires that judges and lawyers need to stop complaining about the government or each other and government needs to stop blaming lawyers and judges. The representatives on the Action Committee come from a crosssection of the actors in the system, including a member of the public. Justice Cromwell praised the CBA’s National Committee on Access to Justice and Melina Buckley’s excellent work and contributions. He noted the contributions of the Federation of Law Societies and that at local levels both the law societies and CBA Branches have groups working on these issues, which inform the work of the Action Committee. of practice fraught with complex legal and ethical considerations. This new course will highlight the sensitivity and skills required to mediate disagreements or problem solve issues or concerns involving older adults in the context of estate or financial planning, adult guardianship, housing plans, and care giving where there is a desire to resolve a legal matter without going to court. For further information, go to www.cle.bc.ca.
B.C. LEGISLATIVE UPDATE
ACTS IN FORCE Current from December 28, 2011 to February 21, 2012 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclusively at www.cba.org/bc. GREATER VANCOUVER TRANSIT ENHANCEMENT ACT, S.B.C. 2011, C. 16 (BILL 11) Sections 1 and 3 to 6 are in force April 1, 2012
BRANCH & BAR
Calendar
APRIL 5 CBABC PD Webinar (with In-Person Option): Undertakings – Avoiding the Pitfalls 13-17 2012 Canadian Corporate Counsel Association (CCCA) World Summit and National Spring Conference in Montreal 17 CBABC PD Joint Seminar: Ethics in Action: Practice and Community 18-21 Fifth National Biennial Conference on Adolescents and Adults with Fetal Alcohol Spectrum Disorder 18 CBABC Women Lawyers Forum Outreach Event MAY 2 CBABC PD Webinar (with In-Person Option): Lawyers Advising their Clients in the Cloud 4 CBABC Women Lawyers Forum Education Day 8 CBABC PD Joint Seminar: Ethics in Action: Practice and Community 10-11 17th Annual UBC Interdisciplinary Legal Studies Graduate Student Conference 16 CBABC PD Webinar (with In-Person Option): The Top Ten Causes of Claims: Bumps, Potholes and Flats on the Road to an Accident-Free Practice
Health & Wellness TIPS Don’t Bottle It Up – Quick Fixes for Stress Talking to family and close friends is a good way to beat stress because it helps us see the problem more clearly – it may not be as bad as we thought, and other people may have different perspectives and solutions we hadn’t considered.
Glass Half-Full or Half-Empty? Spend more time focusing on the positive things in your life and less time thinking negatively. The more you visualize a positive outcome, the more you’ll believe it and the more likely it is to happen. COURTESY OF
PPC CANADA www.ppconline.info APRIL 2012 / BARTALK 21
news&events Sections TIP Did You Know? Our Section year is not the same as the CBA membership year; Sections run from September 1 to August 31 and require yearly re-enrolment. The Section year is similar to a school year and Sections take a break from meetings in the summer to plan their upcoming meetings for the next Section year. The CBA membership year is renewed on a yearly basis, based on when you join or renew with the CBA, and often does not correspond to the Section year. To enrol and receive the benefits of Sections, your CBA membership needs to be in good standing throughout the Section year.
NEWS
Save the Dates: Upcoming CBABC Women Lawyers Forum Events On Friday, May 4, 2012, the CBABC WLF presents its annual Education Day “Power Negotiation and Communication Strategies for Women Lawyers.” This event offers an exceptional opportunity for women lawyers to learn and/or practise negotiation and communication skills from the courtroom to the boardroom, with three knowledgeable and experienced BCVanAd2012.ai 1 3/5/2012 3:56:34 PM
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speakers: Kari Boyle, Executive Director at Mediate BC Society; Katrina Dunn, Artistic Director and Producer at Touchstone Theatre; and Wendy Baker, QC, partner with Miller Thomson, LLP. During lunch, participants will also hear from special guest, Madam Justice Marion Allan. The event will be held at the Four Seasons Hotel, 791 West Georgia Street, Vancouver.
Justice. Equality. A better world. More than ideals, your modus operandi.
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On Thursday, May 31, 2012, the CBABC WLF will hold its Annual General Meeting from 5:30 p.m. to 7:30 p.m. at the Law Courts Inn, 800 Smithe Street, Vancouver. This event will also include a networking reception and speaker. Watch for upcoming notices from the CBABC for further information and registration details.
CBA Canadian Legal Conference Be a part of the only national gathering of Canada’s legal community. Lawyers – including corporate counsel – judges, and students connect on this distinctive national stage to examine legal trends, network with their peers, renew their perspectives and, together, shape Canadian society.
Connect@Vancouver Aug. 12-14, 2012
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WWW.CBA.ORG/VANCOUVER2012
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grantsapproved LAW FOUNDATION OF BRITISH COLUMBIA
Legal Research Grants The Board of Governors of the Law Foundation of B.C. met on November 12, 2011 and approved funding for a number of continuing programs and projects. Chair Margaret Sasges is pleased to announce that funding totalling $10,526,126 was approved for 55 programs and projects. This included: Funding totalling $94,886 was approved for the following seven Legal Research grants: $17,000 JOAN RUSH Access to Dental Care for Developmentally Disabled Adults UNIVERSITY OF BRITISH COLUMBIA $16,286 Mixed Race Children and Parenthood Disputes $15,000 Innovate or Die? Flexible Regulation and Financial Crisis $15,000 UNIVERSITY OF VICTORIA, FACULTY OF HUMAN AND SOCIAL DEVELOPMENT Girls in Custody in B.C. $14,500 UNIVERSITY OF VICTORIA, FACULTY OF LAW We Want British Justice: The First Campaign for Aboriginal Title in British Columbia, 1901-1928 THOMPSON RIVERS UNIVERSITY $10,600 A Genealogy of the “Honour of the Crown” $6,500 Consitutional Damages Worldwide
For full details of the \\
programs and projects that received funding, please visit www.lawfoundationbc.org.
Anita Dalakoti The Board of Governors of the Law Foundation is pleased to announce that Anita Dalakoti has been appointed as an Attorney General Appointment to the Law Foundation Board of Governors for a three-year term. Ms. Dalakoti is a Financial Advisor with Sun Life and has an MBA from Durham University in the UK as well as a Masters degree in Russian Literature from Jawaharlal Nehru University in New Delhi, India. She has travelled extensively around the world to Africa, Europe, Australia, S.E. Asia, North America and within the Indian sub-continent. Prior to immigrating to Canada in July 2000, she lived and worked in China for more than 15 years. She has also previously worked for the Australian government as a liaison between the Chinese government and the Australian agricultural industry and higher educational research facilities, including major Australian universities. Her community involvement includes the Canadian Disabled Individuals Association (Board Member), Ethno Business Council (Board Member and Secretary), Rotary Club (Board Member and Secretary – Vancouver/Fraserview), Canada-India Foundation (Charter Member) and the Citizenship Council (Member). She speaks a number of languages, including Hindi, Urdu, Mandarin, Russian and French.
APRIL 2012 / BARTALK 23
professionaldevelopment EMAIL: PD@BCCBA.ORG
WEBSITE: CBA.ORG/PD \\
CBABC PD Webinars offer a quick and convenient way to earn your CPD credits with practical content, relevant topics and knowledgeable speakers.
Ethics in Action: Practice and Community (In-person)
Upcoming Courses
Date: April 17, 2012 Time: 4:00 p.m. – 6:00 p.m. In-person Location: North Vancouver Date: May 8, 2012 Time: 3:30 p.m. – 5:30 p.m. In-person Location: New Westminster
Undertakings – Avoiding the Pitfalls (Webinar/In-person) Date: April 5, 2012 Time: 11:00 a.m. – 1:00 p.m. In-person Location: Vancouver
Lawyers Advising their Clients in the Cloud (Webinar/In-person)
The Top Ten Causes of Claims: Bumps, Potholes and Flats on the Road to an Accident-Free Practice (Webinar/In-person)
Date: May 2, 2012 Time: 11:30 a.m. – 1:30 p.m. In-person Location: Vancouver
Date: May 16, 2012 Time: 11:30 a.m. – 1:30 p.m. In-person Location: Vancouver
Feedback The CBABC PD department regularly conducts surveys after each course with the goal of improving our programs. We asked: why do so many CBABC members choose our courses and what do attendees find the most valuable? Here are some responses from members. From Webinars, 2012: “I find the format useful and easier to fit into my calendar.” “Very practical examples and covered broad important issues.” “Webinar option is great for when it is not possible to attend in person.” “The advice and information provided is practical and clearly presented.” From Ethics in Action: Practice and Community, February 23 (In-Person, Victoria): “Speakers prompting us to think about the issues rather than absorbing material in a lecture format.” “Discussion, by presenters, of the Handbook Rules in relation to the scenarios.” “Helpful problem solving groups sessions.” “Working through the scenarios was most valuable because it highlighted ethical issues to be aware of.”
\\ For a complete list of upcoming courses, please visit: www.cba.org/bc/PD/main/conferences.aspx
or contact our Professional Development Department by phone: 604-646-7866 or 1-888-687-3404 ext. 329, or email pd@bccba.org.
memberservices EMAIL: MEMBERS@BCCBA.ORG
Seasonal promotions and special offers to members are promoted weekly via CBABC News and Jobs. Visit the CBABC website for links to various activities and promotions on the Member Savings page from the drop down list under Membership. Accommodations – CBA members receive exclusive savings when they book hotel rooms through Meetingmax. \\ Tempo Framing Systems provides CBABC members with a discount of $10 when purchasing state of the art \\
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Health & Wellness – Commit to take charge of your personal health and wellness. The downtown YWCA offers \\
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24 BARTALK / APRIL 2012
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APRIL 2012 / BARTALK 25
barmoves Who’s Moving Where and When Dean Dalke
Joe Chan
is a new partner at Davis LLP’s Vancouver office. Dean is a civil litigator, acting on a range of commercial and corporate matters with a focus on administrative and regulatory law.
has joined Richards Buell Sutton LLP’s partnership. Joe is a member of the firm’s Securities and Corporate finance department.
Megan Filmer
Melanie Samuels
is a new partner at Davis LLP’s Vancouver office. Megan is general counsel in a variety of industries, assisting with their strategic planning and growth, commercial contracts, corporate governance and corporate finance needs.
has been named a partner by Singleton Urquhart LLP. Ms. Samuels has more than 20 years of experience specializing in Workplace Law and Business Immigration.
Richard Lord
William Duvall
is a new partner at Davis LLP’s Vancouver office. Richard has extensive experience in acquisitions of major retail properties for a large Canadian retail chain and in financings and acquisitions for a real-estate investment trust.
has been promoted to partner at Fasken Martineau DuMoulin LLP. His practice focuses on providing advice in respect to labour and employment law, pension matters and construction-related employment matters.
Patrick S. Cleary
Carmine Boskovich
has joined Alexander Holburn Beaudin & Lang LLP’s partnership. Patrick has been an invaluable member of the firm’s Business Law Team. He practises in the areas of banking, real estate, construction, and general corporate commercial work.
has been promoted to partner at Fasken Martineau DuMoulin LLP, where she was previously an associate. She advises clients on business law matters with a focus on the commercial real estate industry.
Sze-Mei Yeung
Shahrooz Nabavi
has joined Richards Buell Sutton LLP’s partnership. Sze-Mei practises with the firm’s Intellectual Property and Advanced Education and Research groups.
is now partner at Fasken Martineau DuMoulin LLP. Shahrooz’s practice focuses on corporate and commercial law with a focus on clients in the technology, clean energy, renewable energy and health care industries.
26 BARTALK / APRIL 2012
newmembers SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30 WORDS) AND PHOTO TO CBA@BCCBA.ORG NOW. FOR MORE BAR MOVES GO TO BARTALK ONLINE
David Gedge has joined MacDonald Dettwiler and Associates Ltd. as legal counsel. Prior to joining MDA, David was an associate at Lawson Lundell LLP in Vancouver.
January & February 2012 Associate Member
Cristina A. Badica
Gina M. Lupino
Gursharan Bassi
Palmer IP Law Vancouver
Regular Members Wendy Cheung
Joshua Prowse has recently commenced articles with the Advocacy Department of the B.C. Government and Service Employees’ Union (BCGEU).
a seasoned forestry lawyer, has joined Davis LLP. Jeff brings a wealth of commercial and regulatory experience to the forestry team, which proudly serves many of B.C.’s most important forestry clients.
Cassels Brock & Blackwell LLP announces that it will be expanding to British Columbia with the opening of its Vancouver office, effective April 16, 2012. The new premises will be the second location for the Torontobased law firm.
Janes Freedman Kyle Law Corporation Victoria Joshua John Dedora
Natanya Garcia
Jessica Forman
RBC Dominion Securities Vancouver Eli B. Hansen
Vancouver
George B. Ingebrand
Daragh S. Karkairan, Barrister & Solicitor Vancouver
Stephanie E. Lacusta
Crown Counsel-Richmond Richmond Louise A. Lam
Cohen Buchan Edwards LLP Richmond
Andrew C. Lee
Jeff Waatainen
Michelle D. Bowlen
The Law Office of barbara findlay, QC Vancouver
Daragh Sweeny Karkairan has joined Delta Law Office as an articled student. He completed his J.D. at the University of Victoria and he will be called to the B.C. Bar in early 2013.
Surrey
Barker & Company Vancouver
Stevenson Luchies & Legh Victoria
Ken Overton
Gosal & Company Surrey
Webster Hudson & Coombe LLP Vancouver Crystal E. Maltesen
Benson Law LLP Kelowna
Articling Students M. Saeed Akhtar
Jang Cheung Lee Chu Law Corporation Richmond Tony Anderson
Davis LLP Vancouver
Kristin Sarah Taylor Armstrong
Vancouver
Satwant K. Atwal
McMillan LLP Vancouver
Hakemi & Company Law Corporation Vancouver Francesca Hennigar
McCarthy Tétrault LLP Vancouver Jason E. Ibanez
John Carlisle Law Office Vancouver Aharon Y. Ittah
Crease Harman LLP Victoria Mitsumi Kawai
Davis LLP Vancouver
Claire A. Martin
Vancouver
Quinn McRae
William R. Storey Law Corporation Vancouver Daniel C. Oleksiuk
Ratcliff & Company LLP North Vancouver Janko Predovic
Jamal Law Group Langley Yiqing Shao
Spectrum HR Law LLP Vancouver Matthew Voell
Lidstone & Company Vancouver To view all new \\
members, including Law Students, please visit www.cba.org/bc/
bartalk_11_15/04_12/ membership.aspx. APRIL 2012 / BARTALK 27
instead
BC
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