BarTalk | June 2010

TREATY COMMISSION | THE EARLY DAYS OF LAW | First Nations Court

J une 2010 | www.cba.org/bc

Photo credit: Patricia Jordan

Métis Nation – A Distinctive People, a Growing Nation Page 12

EVENTS Cover photo (L-R): Métis B.C. Nation President Bruce Dumont, Royal Canadian Mountie Chase Willier and Jo Dante enjoying the 2010 Vancouver Winter Olympic festivities.

BarTalk Editor

Deborah Carfrae

LAW WEEK 2010 – KAMLOOPS

Editorial Board Chair

Dierk Ullrich

HARRY POTTER MOCK TRIAL

Editorial Board Members

Paul Arvisais Katharina Byrne Carol Anne Finch-Noyes Nicole Holas Beverly MacLean Jack Micner Pamela Murray Jennifer Spencer Craig Watson Michael Welsh

Kamloops Courthouse Library DISPLAYS

bartalk Senior Editor

Joanne R. Silver Staff Contributors

Bianca Bishop Trisha Jewison Jineane Payne Julie Rankin Jennifer Weber RCMP POLICE DOG DRILL

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JUNE 2010

volume 22 / number 3

Contents

Departments

4

From the President What Did You Just Say?

by James M. Bond

5 Executive Director

Moving Forward on the Rule of Law

by Caroline Nevin 6

Nothing Official You Know Why They Call it Golf?

by Tony Wilson

7 On the Web

Technology: Identifier Code

by Patricia Jordan 8

Practice Talk Is the Justice System Ill?

by David J. Bilinsky

Inside This Issue The cover gives it away. This BarTalk has an aboriginal law focus. It has been a long time coming. While our magazine has occasionally reported on aboriginal issues, this is the first time that we received a sufficient number of contributions to make an issue out of it (no pun intended). Our other focus, as always in June, is a photo recap of Law Week (pp. 2, 19 and 22). If you have topics or themes, that you would like to discuss or read about in BarTalk, please let us know (bartalk@bccba.org).

News and Events

13 Resolving Territorial Issues a Priority

by the B.C. Treaty Commission

2 Law Week 2010 Photos – Kamloops

CBA Canadian Legal Conference: Niagara 2010 18 CBA Says Bill C-3 Falls Short in Addressing Sex Discrimination

2011 Directory is Coming!

19 Report on the CBABC WLF’s Mentoring Program

Law Week 2010 Photos – Fun Run 20 Robert Brun, QC Elected CBA National Second Vice-President

New Master’s Program in Law, Justice and Ethics

2010 CBABC Work Life Balance Awards Luncheon 21 Legislative Update

Branch & Bar Calendar

CBABC/VBA 14th Annual Golf Tournament

LLRC: CBABC Voice for Law Reform 22 The Race Is On: Save the Date!

Law Week 2010 Photos – Vancouver

14 First Nations Court of British Columbia

by The Honourable Judge Marion Buller Bennett

Also In This Issue

2

EVENTS

9 dave’s tech tips

Sections

10

Section Update Real Property – Vancouver Aboriginal Law – Vancouver Aboriginal Law – Vancouver Island Wills and Trusts – Victoria

11

2010 National Aboriginal Law Conference

Features & Guests

12 Métis Nation British Columbia

by Stephanie Albiston

15 Join the Proposed Aboriginal

Lawyers Forum

by Christina Cook 16 Smart Phone Etiquette

by Kimberly Law 17 The Early Days Circa 1948 Forward

by Ron MacIsaac

23 GRANTS APPROVED 24 PROFESSIONAL DEVELOPMENT &

Member Services

25 DISPLAY ADS 26 Bar Moves 27 New Members

JUNE 2010 / BarTalk 3

From The President James M. Bond

What Did You Just Say? The issue of bilingualism in the Supreme Court of Canada.

I

don’t know if a private member’s bill has ever garnered so much attention. Last month, Bill C-232, which will require that all appointees to the Supreme Court of Canada understand French and English without the assistance of an interpreter, passed third reading in the House of Commons and moved on to the Senate for consideration.

I have heard from many members on this issue. I have even heard from a few non-members. In fact, I have received more correspondence on this issue than I have on all other issues during my term of office combined. It is clear that there are some strongly held views on the legislation, and, in particular, on the perceived impact that the legislation may have on the available pool of British Columbia candidates for this country’s top court.

The arguments for and against Bill C-232 have been well laid out elsewhere and I will not repeat them in detail here.

However, I will re-state two obvious realities. First, a fully bilingual Supreme Court of Canada is a laudable goal. Second, there are relatively few jurists in British Columbia who understand French and English without the assistance of an interpreter.

Many of you will know that as a Branch of the Canadian Bar Association, the CBABC is bound to follow national policy on an issue.

As of this point, the Canadian Bar Association does not have a national policy on Bill C-232 specifically. However, the CBA has passed a number of resolutions over the past couple of decades that deal with bilingualism of jurists. The most recent resolution calls on government to consider bilingualism a “merit criteria” (that is, that bilingual ability should be a factor in considering applicants for the Supreme Court of Canada).

In my personal view, the current CBA resolution on the matter is the best approach. It means that bilingualism would be a positive factor to be considered in an

4 BarTalk / JUNE 2010

applicant’s undoubtedly already impressive set of personal characteristics and accomplishments, but unilingualism would not be a bar to appointment.

There are relatively few jurists in British Columbia who understand French and English without the assistance of an interpreter.

In any event, it is quite likely that Bill C-232 will be the subject of debate at the CBA’s annual general meeting in Niagara this August. It will also be on the agenda for the upcoming British Columbia Provincial Council meeting on June 19th.

Consider this fair warning. If you want your Provincial Council

(and the British Columbia Branch generally) to take a position on this matter if and when it arises at the CBA National Council in August, then we need to hear your views on the subject now.

If you do not let your views on the subject be known, we cannot act on them. We hope that you will take this opportunity to give us your thoughts so that the British Columbia delegates to National Council can continue their strong tradition of advocacy on issues important to CBA members from this province.

You may also wish to voice your views to other law-related organizations in British Columbia. It is interesting to note that the only law-related organization to address Bill C-232 during hearings of the Standing Committee on Justice and Human Rights was the Law Society of New Brunswick. As I’m sure you know, New Brunswick is the only officially bilingual province in Canada. It is perhaps not surprising, then, that the Law Society of New Brunswick supported the legislation.

A bientôt.

James M. Bond

president@bccba.org

executive director caroline nevin

Moving Forward on the Rule of Law The Critical Role of Lawyers in International Development.

“Greatness is not where we stand, but in what direction we are moving.

We must sail, sometimes with the wind, sometimes against it, but sail we must, and not drift nor lie at anchor.”

– Oliver Wendell Holmes

O

ne of the basic tenets of the legal profession is that lawyers have both the right and duty to ensure the spread of the rule of law and to participate in its development. This concept was codified internationally in the United Nation’s 1990 Basic Principles on the Role of Lawyers and by the “Turin Principles” adopted by the Union Internationale des Avocats in 2002.

The CBA Code of Professional Conduct states that a lawyer, “... by training, opportunity and experience, is in a position to observe the workings and discover the strengths and weaknesses of laws, legal institutions and public authorities. The lawyer should, therefore, lead in seeking improvements in the legal system…”

The CBA and its members are working hard to fulfill that compelling leadership role, both at home and abroad. The work of the CBA Branch/National Sections and Legislation and Law Reform Committees ensures that both public and confidential input is provided by some of the best lawyers in any given field. No other organization is trusted in this way

by Canada’s federal and provincial governments, regardless of political stripe. Our non-partisan commitment is to provide the best possible legal advice to help produce the best laws and justice system, and governments trust us to provide our best counsel.

Further afield, the CBA International Development Program manages an amazing series of projects that bring together CBA volunteers, staff and local partners (cba.org/ cba/idp). Over the past 20 years, the CBA has worked to support progress in protecting the rule of law and administration of justice in 29 countries around the world, with funding from the Government of Canada (CIDA).

The CBA Young Lawyers International Program offers 18 lawyers each year the opportunity to work with legal human rights and legal development organizations overseas. These internships provide international legal organizations with young lawyers who have the expertise to make a professional contribution to their work and give young lawyers international experience early in their careers, to help them obtain experience and employment. It is an exciting program, with passionate and enthusiastic participants.

The CBA is also a member of the International Bar Association (IBA), which has a strong international development arm, the Human Rights Institute (IBAHRI).

The IBAHRI is actively engaged in international work to engage the legal profession in promoting the rule of law, and responding to the global financial crisis and terrorism. The IBAHRI has also been involved in rebuilding the legal infrastructure in crisis environments such as Haiti.

B.C. lawyers have a unique opportunity to learn more about the IBA this year – Vancouver will be hosting the IBA Annual Conference from October 3-8, 2010. Of particular note is the Rule of Law Symposium on Friday, October 8th (ibanet.org).

The CBA and IBA have the credibility and infrastructure to maintain longstanding projects and partnerships that allow lawyers, judges, law professors, students and governments from all around the world to make a difference.

We are moving forward, charting a course to a better future, and you are invited to come on board.

Caroline Nevin

cnevin@bccba.org JUNE 2010 / BarTalk 5

nothingofficial TONY WILSON

You Know Why They Call it Golf?

Because the word that rhymes with “truck” was taken.

I

can safely say I’ve given golf my best shot (so to speak), and I’ve decided to hang up my shoes, retire my clubs and direct my recreational hours to activities that are more exciting than shooting “a wee little ball into a gopher hole 18 ****ing times.”

I really should like golf. I grew up in two different houses in Victoria, both of which were a three iron shot (or less) from the finest courses in B.C. Our first house was directly across the street from the 16th hole at Uplands. At age 11, my buddies and I would golf for free by running through the neighbour’s yard, cutting through some woods and playing a hole or two. But I had just as much fun stealing the balls that landed on the fairway as I did hitting them. A junior membership at 12 made me more honest, but it didn’t compel me to golf more. Our next home was directly across the street from the Victoria Golf Club. But I lost so many balls on the 5th hole there (a Par 4 over a small bay), I figured the scuba divers were having more fun diving for balls than the golfers were hitting them.

Lots of lawyers golf, probably because lots of clients do. I normally golf once a year. I hope to golf way less than that this year.

You see, at this point in my life, I need activities that remind me I’m alive, not dead. A well-landscaped golf course could be confused for a cemetery from the air. And from the ground too. I’m sure one day, in the name of good urban planning, they’ll combine the two and call it a “golfatery,” where you could pay your respects to Aunt Mable, and work on your short game too.

It was my brother who made me realize how much I didn’t like golf.

He invited me to Phoenix for a long weekend of “golf school,” on his nickel. I thought about it. And then I realized “hey… I’d rather watch paint dry, but thanks anyway.”

Frankly, I need more adrenaline, adventure and, yes, danger than I can ever get with golf. I need to

6 BarTalk / JUNE 2010

know I could snuff it if my air runs out underwater off Curaçao, or if I catch an edge skiing down the Horstman Glacier on Blackcomb with too much zeal. I need to know that my life is on the line rather than just a bet for beer or money. Perhaps Tiger Woods’ problem wasn’t an addiction to waitresses and sex, but total boredom with golf.

So to boldly go where I’d never gone before, I performed a bit part in the “Lawyers Show” in May and realized what a rush it was to do 49 words of Shakespeare in front of a live audience. I hope to double that next year. Shakespeare, however, won’t eat you, nor will you require the services of a decompression chamber or the Coast Guard if you flub your lines. Preferring my adrenaline with more of a bite, most of you know I did a cageless sharkfeeding dive near Nassau in 2008 for all of YouTube to see. What you don’t know is that I’m planning another one in Guadeloupe for

2011, where the Great Whites insist on cages for their humans. In March, I dove in Aruba on a German wreck sunk in WW2 and I’ve booked a dive in Turkey for August.

I ski most weekends in the winter.

I sail most weekends in the summer.

The Vic-Maui yacht race to Lahaina and the PlymouthDakar Car Rally in North Africa are on the very top of my bucket list. So in comparison, golf just won’t cut it unless I’m playing for my life against sharks, Nazis or Bond Villains – or the game is played while jumping off a skyscraper.

Which brings me to my next point. On September 14, I’ll be jumping off a skyscraper. For charity of course. I’ve signed up for The Drop Zone to rappel off 999 West Hasting Street, with all donations going to the Easter Seals, which is an excellent charity that funds programs for children with disabilities.

I think I’ll do it wearing “golfing attire.” You know, to make golf look more exciting.

The 2010 Vancouver Drop Zone will take place on September 14, 2010.

If you’ve enjoyed Tony’s columns over the years (and even if you haven’t) please go to www.thedropzone.ca/2009e/ then click on Vancouver under 2010 Event Locations then click on Sponsor a Superhero to sponsor Tony Wilson.

GO ONLINE FOR MORE INFORMATION

ontheweb patricia jordan

Technology: Identifier Code How technology impacts privacy.

D

id you know that most colour printers leave an identifier code on each piece of paper that is printed? Although that sounds unlikely, it is true. Several years ago, the United States Secret Service asked manufacturers of colour printers and photocopiers to include technology in their products that would allow them to track the source of print material. Initially, the request was made so that the Secret Service could track counterfeiters.

The technology behind the identifier code is ingenious. It is a series of yellow tracking dots that are invisible to the eye under normal light. They are often printed across the entire page, including blank portions of the page. These yellow tracking dots can be viewed with a blue LED light in a darkened room, under magnification or by using a highresolution flatbed scanner. Zooming in will reveal the yellow dots when they are present. To enhance the dots more clearly, you can use software like Adobe Photoshop to show the blue channel of the image where the dots are more visible. The dots are printed in a specific pattern that allows authorities to identify the individual who printed a particular piece of paper based on the printer. The dots can identify the serial number of the printer and often includes the time and date the page was printed.

The Electronic Frontier Foundation (EFF) has deciphered many marking schemes used by manufacturers. EFF has published a list of colour printer and photocopier manufacturers that use this technology on their website at www. eff.org. Monochrome laser printers and inkjets do not appear to leave identifier code.

I spoke about identifier code with J. Geoffrey Howard, a Partner and Head of Gowling Lafleur Henderson LLP’s Vancouver Employment

and Labour Law practise. He also practises in the area of privacy law. I asked if it is a human rights or privacy law violation for government and manufacturers of printers to track the activity of customers without their knowledge or consent. He commented, “This type of data collection does not really infringe human rights laws, such as the B.C. Human Rights Code, since they mainly focus on preventing and remedying discrimination. However, any attempts to collect and use this data against individuals by private sector actors or even government may breach privacy laws, such as B.C.’s private sector Personal Information Protection Act (PIPA). While in many cases the information about the printer relates to a corporate owner or user of the machine, in some cases, the owner or user (e.g. a lessee) will be an individual and thus such information, together with the document itself, is arguably

‘personal information’ about them.

PIPA regulates the collection, use and disclosure of personal information and generally requires some sort of consent (e.g. implicit, negative option or express) to any collection, use or disclosure of personal information. If the government wants to use such information to investigate a crime, for example, they will normally have to get a warrant to get it. Unless there are new laws passed, the machine manufacturers and other parties who can say where a particular machine is by serial number, should probably decline to provide location information if requested by a non-law enforcement agency and even by a law enforcement agency, unless the requestor can show lawful authority such as under a warrant.”

Site du Jour www.seeingyellow.com \\

Seeing Yellow is a resource site created by the MIT Computer Culture Group that contains information about yellow tracking dot technology.

Patricia Jordan is the CBABC Web Manager. She welcomes your comments, questions and suggestions.

Tel: 604-646-7861; Email: pjordan@ bccba.org; visit: www.cba.org/bc.

GO ONLINE FOR MORE INFORMATION

JUNE 2010 / BarTalk 7

practicetalk david J. bilinsky

Is the Justice System Ill? Perhaps a cure is something entirely different...

Hold you in his arms yeah, you can feel his disease Come together, Right now, Over me...r – Lyrics and Music by Lennon and McCartney r

T

here was a conference held at Duke University School of Law on May 10-11. Judges, lawyers and others gathered to see if they could “fix” the U.S. federal civil justice system (http://bit.ly/cEG9S0).

Seems that they see a bit of problem: “To prepare for the meeting, the Institute for the Advancement of the American Legal System canvassed chief legal officers and general counsel who are members of the Association of Corporate Counsel from around the country. Fifty-five percent agreed the civil justice system is “too complex,” while 97 per cent agreed that it is “too expensive.” In addition, 80 per cent disagreed with the statement: “Outcomes are driven more by the merits of the case than by litigation costs.”

This sounds eerily familiar, considering our new B.C. Supreme Court Rules come into effect on July 1. One can ask: If the same symptoms are felt in different jurisdictions, perhaps all of the jurisdictions are feeling the same disease?

Albert Einstein once said: “We can’t solve problems by using the same kind of thinking we used when we created them.” Perhaps the problems with the current system are inherent within the system itself. To follow this further then, adjusting the rules – in any fashion – and no matter how well thought out – may be the legal equivalent of rearranging the deck chairs on the Titanic.

Aside from the comments of the ACC noted above, what are some of the structural weaknesses of the current civil justice system?

8 BarTalk / JUNE 2010

Sy nchr o n o us :

The current system calls for all parties and their counsel, the judge and others to be physically present in the same location at the same time, usually on multiple dates. Lives are complex today and setting aside that time to be at a location is challenging, particularly if the date ends up being rescheduled.

Geographically tied: Time is money and having to physically travel to a set location – time and time again – has a cost in terms of lost time (opportunity cost) as well as the actual costs of travel.

Institutional costs: Courts, judges, court staff – all have costs associated with them. Governments can either absorb costs or seek to recover them from the parties. However, seeking to recover these from the parties only acts as a further disincentive to seek justice.

Procedurally detailed: Individuals come to the justice system to seek redress. While process

is important, dealing with complex rules can also serve as a barrier to those with smaller claims.

Process can also be manipulated by those crafty enough to figure out how and this may frustrate justice.

Adversarial: Perhaps the most central feature to the civil justice system is its reliance on the adversarial approach to justice. The problem is that the public these days favour approaches that take the parties from a problem mode to a solution mode – quickly!

Intervention:

The judicial system renders a judgment at the end of the proceedings, only after the parties have subjected each other to long and drawn out processes. Parties, however, wish to have a degree of reality and objectivity injected at an early stage to prevent the process from becoming long and drawn out.

Alternatives: One of the new dispute resolution systems is ODR – Online Dispute Resolution. Vancouver will host an international conference on ODR in November Continued on page 9 >>> The views expressed herein are strictly those of the author and may not be shared by the Law Society of B.C.

David J. Bilinsky is the Practice Management Advisor for the LSBC. Email: daveb@lsbc.org Blog: www.thoughtfullaw.com GO ONLINE FOR MORE INFORMATION

dave’s techtips Privacy Tips Photocopiers and Privacy Most photocopiers sold in the last few years have a built-in hard drive. That hard drive is used to store copies of the images. Problem is, when you trade in that copier for a new one, that hard drive still has all those images stored on it and they are not encrypted or erased when the lease is up.

CBS in the USA purchased several used copiers and was able to retrieve “tens of thousands” of documents from those copiers (http://bit.ly/a2ZiKA).

The most secure way of protecting your privacy is to smash that hard drive to pieces.

If this is not possible, then call in an expert to erase (not just delete!) those files. You will want his or her written assurance that all the data has been made “non-recoverable.”

Data stored on Servers in the USA or other locations outside Canada The Office of the Privacy Commissioner of Canada has some interesting findings on their web page that may be of interest to lawyers in Canada (www.priv. gc.ca), particularly with respect

to private information when services are outsourced beyond the Canadian borders.

For example, in the Personal Information Protection and Electronic Documents Act (PIPEDA) Case Summary #2008-394, Canada.com outsourced email services to a U.S.-based firm.

“Two complainants expressed doubt that subscribers’ personal information was adequately protected after Canada.com email operations were outsourced to a U.S.-based firm. Moreover, the complainants did not believe that existing subscribers had had an opportunity to consent to the transfer of their information to the U.S. or that new subscribers were properly informed that their information would be used and stored in the U.S.” The Privacy Commission held that the measures by which personal information is protected must be formalized with the organization by using contractual or other means. (Of course the problem with this is that most companies have standard terms of use and it is very difficult to have those modified or changed to suit individual circumstances.)

The Privacy Commission also held that Canadian organizations must be transparent about their personal information handling practices. In other words, there should be notification to the clients that information may

be available to the government of that country or its agencies under lawful order made in that country.

Furthermore, client consent should be sought since the sharing of information with a third-party service provider constitutes a “use” for the purposes of the Act. Now in B.C. we have PIPA – the Personal Information Protection Act rather than PIPEDA. My colleague Barb Buchanan interviewed David Loukidelis, B.C.’s former Information and Privacy Commissioner (http://bit.ly/9rxGSQ) and this is what he said: “BB: Any comments on managing outsourcing risks?

DL: If a law firm wants to outsource services involving personal information, whether personal information of clients or employees, it is free to do so. The firm remains responsible, however, for the appropriate use, disclosure and protection of that personal information. So law firms should use diligence in selecting service providers and contractually obligate them to use personal information only for providing the services and to take reasonable security measures. In major cases of outsourcing, law firms might consider following up with the service provider to ensure that these contractual obligations are being respected, including the undertaking of inspections or audits in particularly important cases.”

Continued from page 8

that will involve the UN, governments, industry and representatives from many nations, all centred around the use of ODR in

consumer disputes (full disclosure: the writer is on the organizing committee). Come together – lawyers and judges – perhaps ODR

can be grafted into the system to solve client disputes in different ways that may be faster, less stressful for the client and cheaper.

JUNE 2010 / BarTalk 9

sections section update

Real Property Vancouver

Keep Current A review of On April 26th, Michael u a partner in the provincial Section meetings. tax Welters, group at Bull, Housser & Real Property Vancouver Meeting: April 26, 2010 Speaker: Michael Welters Topic: HST in Real Estate Transactions and Matters

Aboriginal Law Vancouver Meeting: April 21, 2010 Speaker: Thea Schmidt Photo (L-R): Ming Song, Lisa Fong, Michael Ng, Mona Donovan, Allan Donovan and Scott Miller Topic: Tricks and Tips on Researching Aboriginal Law

Aboriginal Law Vancouver Island Meeting: March 23, 2010 Speaker: Chris Devlin (pictured left with Kathryn Deo, Section Chair) Topic: Status and Membership and the Implications of McIvor v. Canada (Registrar of Indian and Northern Affairs), 2009 BCCA 153

Tupper LLP, gave a presentation on the impact of the harmonized sales tax on various types of real estate matters. Although the HST will run under the same set of rules as the GST, the tax rate is different. The New Housing Rebate under the HST also works differently than the current GST regime. Michael navigated the Section through the transitional rules for the HST as they apply to real property, noting that the federal regulations to implement the transitional rules had not yet been released and that only government bulletins, which are not law, provided guidance.

Michael also discussed some relevant changes that could affect the law practices of Section members, including the proposed changes to the place of supply rules that could affect the HST rate (e.g., the 12 per cent B.C. rate versus the 13 per cent Ontario rate) that a practitioner must charge a client.

Aboriginal Law Vancouver Guest speaker Thea Schmidt presented Tricks and Tips on Researching Aboriginal Law, using the Indian Act as an example. This included tracing the history of a section of the Act; how to locate proposed changes to the Act, such as Bill C-3, the Gender Equality Equity in Indian Registration Act; and find related material such as cases, texts, articles and other commentary. The Section

u Wills and Trusts Victoria Meeting: March 16, 2010 Speaker: John W. Gailus Topic: Unique Aspects in the Management of Aboriginal Estates

10 BarTalk / JUNE 2010

also discussed some of the Courthouse Library’s favourite online and specific looseleafs, textbooks, treaty and commission materials, CLEs, electronic resources like LawSource (Westlaw), CLE Online, Hein Online and CanLii for specific subjects such as treaty rights, harvesting rights, business development and governance.

Of interest was the Consolidation of Indian Legislation found at KM208.I5A111C65, which is a three volume consolidation of Constitutional documents from the United Kingdom from 17611930, pre and post confederation statutes from 1845-1975 and preand post-confederation provincial and territorial legislation.

Aboriginal Law Vancouver Island Chris Devlin is a partner with

uDevlin Gailus in Victoria,

which focuses on Aboriginal and Treaty Law on behalf of First Nations and Tribal Councel. He is the past Chair of the CBABC Aboriginal Law – Vancouver Island and the past Chair and the current Law Reform Liaison of the CBA’s National Aboriginal Law Section (2005-2007). He presented Bill C-3, an Act to promote gender equality in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Northern and Indian Affairs). Bill C-3 represents the first time in 25 years that Parliament has considered the registration provisions of the Indian Act. After holding several engagement sessions with national and regional Aboriginal organizations, Parliament announced its proposed amendments contained in Bill C-3, the

Gender Equality Equity in Indian Registration Act. To read more about Bill C-3 go to page 18.

Wills and Trusts Victoria Legislative Liaison Tino

uDi Bella presented the new

Wills Estates and Succession Act (“WESA”). Vancouver colleagues believe there are some areas of concern with drafting in the new Wills Trusts and Estate Act. A study group has been created in Vancouver to address drafting issues and Mr. Di Bella invites any Victoria colleagues to direct comments to him on this front.

The Attorney General may introduce amendments to the Act in the spring and the Act will likely not come into force until late 2010, or early 2011.

Guest speaker John Gailus spoke about New Issues in Aboriginal Estate Law, maintaining that the law respecting Aboriginal estates is quite convoluted and nuanced. A practitioner with a typical practice involving nonIndian clients should be aware of a number of potential pitfalls when dealing with Indian estates and wills matters. There are significant differences between provincial laws dealing with wills and estates and the legislation governing Indians ordinarily resident on the reserve.

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.

2010 National Aboriginal Law Conference June 11-12, 2010 Sheraton Centre Toronto Hotel Mark Your Calendar and Register Now! The National Aboriginal Law Section of the Canadian Bar Association will be hosting the Annual National Aboriginal Law Conference on June 11-12, 2010 at the Sheraton Centre Toronto Hotel. Register now and make plans to join us in Toronto for this not-to-be-missed program!

Topics to include: Legislative and Policy Developments from Across Canada Cross Canada Case Law Update Leading Hot Topics: Consultation and Accommodation Trends in Aboriginal Business: Corporate Structures, Governance and Taxation for Aboriginal Business Case Study: Aboriginal Partnerships in Hydro Developments Visit the CBA website \\

at: www.cba.org/pd/details. aspx?id=NA_ABO10 for the conference agenda and to register.

GO ONLINE FOR MORE INFORMATION

JUNE 2010 / BarTalk 11

features Stephanie Albiston

Métis Nation British Columbia

A distinctive people, a growing Nation.

M

étis Nation British Columbia (MNBC) is a self governing nation that represents the Métis people of British Columbia. Prior to 1982, many different legal terms were used to describe the Métis, First Nations and Inuit people. Though the Aboriginal peoples of Canada are now constitutionally entrenched, the distinction between Métis and First Nation, and generally who Métis people are, continues to be a point of confusion and misunderstanding for many non-aboriginal and aboriginal people alike. In fact, until the Powley decision in 2003, the 1982 inclusion of Métis in s. 35 of the Constitution Act, 1982 was not defined. The Powley decision defined not only who the Métis were in s. 35 but affirmed that the specific collective identified has aboriginal rights.

MNBC strives to build a proud, sustainable nation that recognizes the inherent rights of Métis citizens, and generally increases awareness and recognition of Métis people throughout British Columbia and Canada. Métis people are a unique aboriginal people, often considered one of the first Canadian people, with history, language and culture all developed in Canada. The Supreme Court of Canada affirmed in its decision R v. Powley “that the term Métis in s. 35 does not encompass all individuals with mixed Indian and European heritage; 12 BarTalk / JUNE 2010

rather it refers to distinctive peoples who, in addition to their mixed ancestry, developed their own customs, way of life and recognizable group identity separate from their Indian or Inuit and European forbearers.”

In 2005, Métis Nation British Columbia created an objectively verifiable central registry, based on the requirements identified by the Supreme Court of Canada.

Over the past decade, in addition to the Central Registry, MNBC has developed a rich body of governance, including a Constitution, a Métis Nation Governing Assembly Act, a Citizenship Act, Electoral Act, Senate Act and Natural Resources Act. Through this governance process, MNBC mandates to develop and enhance opportunities for Métis communities by implementing culturally relevant social and economic programs and services. Among other recent successes, MNBC held a provincial wide ballot-box election in 2008 electing a complete Board of Directors, seven Regional Directors, a provincial Youth Chair, a provincial Women’s Chair, Vice President and President.

In recent years, Métis Nation British Columbia has had a number of great successes. The Ministry of Health, for example re-

cently received a five-year continuation for the Chronic Disease Surveillance Program. The Ministry of Employment and Training is entering into another five-year agreement and expanding on all current programming by including programs for curriculum development, youth at risk and additional skills programming. The Ministry of Youth continues to administer community oriented youth specific funding, programs and opportunities, including recent additions to their entirely youth-created and

run LearnMichif.com website.

This year they placed an emphasis on the elder and youth transfer of knowledge. The Ministry of Economic Development recently led MNBC in the purchase of a property containing a school that will facilitate further economic development and sustainability.

These MNBC successes and continued perseverance emphasize the direction of the court in Powley, and the reality that Métis people are a distinct people with rights, a rich history and strong future.

Photo: Métis B.C. Nation President Bruce Dumont, Minister Responsible for Registry and Health, MNC Minister Responsible for Language, Culture, Heritage and Sport.

B.C. TREATY COMMISSION

Resolving Territorial Issues a Priority Says Treaty Commission.

F

irst Nations seeking treaties through the B.C. treaty process are being challenged in court by neighbouring First Nations on the basis of overlapping claims to territory.

Some First Nations believe the way to deal with overlaps is to stop the ratification of a treaty until the issues are resolved by the B.C. government or by a court after a full hearing of the issues.

No First Nation has been successful in court in stopping a treaty from being ratified, but the legal action is a distraction for the parties in treaty negotiations. It is also damaging to relations among First Nation neighbours.

Court rulings suggest First Nations should deal with overlapping claims at an early stage of treaty negotiations. First Nations will be better able to protect their interests through an early resolution of overlapping claims than by waiting for Crown consultation that may not occur in any substantive way until agreement is reached on the terms of the treaty. Protocol agreements on shared territories have the potential to build partnerships among First Nation neighbours and strengthen their say on what happens on the land. Conversely, conflict amongst First Nations weakens their place on the land.

The Crown’s obligation to consult is proportionate to the strength of the First Nation’s claim, as well

as the impact of the proposed development or activity on that claim.

The weaker the claim, the less consultation required. So, where overlaps exist, the Crown may be obliged only to notify the claimant First Nations and seek their views without engaging in the extensive consultation that is necessary where a First Nation has a strong prima facie claim. Litigation amongst First Nations over territorial issues has not been an effective means of increasing the Crown’s obligation to consult.

The Crown’s duty to consult First Nations extends to the treaty process. When the Crown agrees to a treaty settlement that provides lands and rights to one First Nation, other First Nations with claims in the same area may be affected. Accordingly, the Crown must consult those other First Nations concerning the impact of the treaty on their rights and, where appropriate, accommodate them.

Treaties are about reconciling First Nations, Canada’s and British Columbia’s respective interests, jurisdictions and use of resources.

First Nations, too, must reconcile their interests, jurisdictions and use of resources amongst themselves.

There is a long history of protocols being reached among First Nations on territorial issues

stretching back hundreds of years.

The Treaty Commission with its limited resources has been exploring old and new approaches to shared territory issues and overlaps, including dispute resolution and early resolution.

Building upon these types of initiatives and experience, the longstanding experiences of First Nations, and other approaches, and by examining new developments, the Treaty Commission is building a valuable bank of information and resources for First Nations to use in resolving territorial issues.

The Treaty Commission recently hosted a panel of experts for a two-day round table that included First Nations leaders and former judges with a special interest and experience in resolving territorial issues among First Nations. The Treaty Commission is also involved in and supporting a number of discussions among First Nations in their efforts to resolve territorial issues.

Treaty Commission policies are being evaluated and the processes used are being reviewed as part of the initiative to find workable solutions for territorial issues.

Commissioners are becoming involved in a much more significant way in working directly with First Nations to find solutions.

While the Treaty Commission has no coercive powers under the Treaty Commission Act, First Nations may be motivated to resolve overlaps by a desire to strengthen their claims. The Treaty Commission is proposing to bring greater resources to bear on the problem this year.

JUNE 2010 / BarTalk 13

features The HOnourable Judge Marion Buller Bennett

First Nations Court of British Columbia Walking the healing path.

F

irst Nations Court commenced in November, 2006, in New Westminster, B.C. It came about as a result of several factors: case law and amendments to the Criminal Code that require a judge, on sentencing, to apply the principle that “all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders;” the increasing number of incarcerated First Nations people notwithstanding this amendment; and, the myriad of reports and studies that have found that the justice system must take new approaches in its treatment of First Nations people.

The people who come to the court have identified themselves as belonging to a First Nation.

They come to the court by referral from Crown, defence, and the court itself.

First Nations Court is for sentencing of criminal matters and mediation of family court matters.

The First Nations Court can take guilty pleas to any offence over which a Provincial Court judge has jurisdiction.

After the charge is read and the plea taken, a pre-sentence report, with a Gladue component is ordered. On the next appearance, Crown counsel describes the offence and position on sentence.

14 BarTalk / JUNE 2010

Then, everyone in the courtroom has the opportunity to speak. That may include the offender, Legal Services duty counsel, elders, social workers, court workers, probation officers, family members, victims and police officers. The discussion stops only when everyone has said all that they need to say. If there is a family court matter, that matter is included in the discussion.

The goal of the court is to take a First Nations perspective, being a holistic and restorative approach, to sentencing. So, in addition to the person’s education, employment history and past criminal history, the court hears about a person’s extended family, his or her current needs for housing and health services, the availability of community-based resources and other relevant information. If there is a family court file, youth court file or a related matter, those matters are heard at the same time.

Then, the person is sentenced, but the sentence is referred to as a “healing plan.” The goal is to go to the root cause of the offending behaviour and provide the person with the assistance that she or he needs. Therefore, the healing plan may include referrals to probation officers, native court workers, band-employed counsellors, native

centres and programs offered by Health Canada.

If there is a family court matter, then orders are made by consent, with terms that do not conflict with the healing plan. The healing plan and family court orders are meant to complement each other and draw in all of the available and appropriate resources.

The person will appear on future dates for a review of the healing plan. Changes can be made to the plan, if required.

The court has established credibility with First Nations in the

Lower Mainland and enjoys their ongoing support. The court has been welcomed to sit in several First Nations territories. Representatives of First Nations across the province and the country have attended and observed the court in action.

The court has enjoyed great success due to the support and commitment of many individuals: Crown counsel, probation officers, court workers, court staff; and, the North Fraser District judges. New Westminster contacts for the court are Ms. Wendy VanTongeren Harvey, Crown counsel and Ms. Lila MacDonald, Judicial Case Manager.

The Honourable Judge Marion Buller Bennett, B.C. Provincial Court

CHRISTINA COOK

Join the Proposed Aboriginal Lawyers Forum Networking, socializing, mentoring!

T

he Aboriginal Lawyers Forum (ALF) was an idea tossed around at a CBABC Equity & Diversity (E&D) Committee meeting. The E&D had invited Christina Cook, an Aboriginal articling student, and two Aboriginal lawyers to attend their meeting and discuss the issues that Aboriginal lawyers and articling students face. Having just attended a CBABC Women Lawyers Forum (WLF) luncheon the week before, Christina put out the idea of having a social networking and mentoring group, like the WLF, for Aboriginal students and lawyers. The idea was well received and so Christina, along with Isabel Jackson and Rosalind Campbell, took it upon themselves to start the ALF.

It is not known exactly how many Aboriginal lawyers there are in B.C. Historically, neither the Law Society, nor the CBA has tracked this information. Nonetheless, the ALF knows there is an issue as to the retention of Aboriginal lawyers in the profession. Aboriginal law graduates have struggled to find their place in the field of law. At the same time, there are many successful Aboriginal lawyers across B.C., with much to offer by way of mentorship to Aboriginal law students and junior lawyers. The ALF will serve to bring the experienced together with the novice. Ultimately, what Christina, Isabel and Rosalind are hoping to accomplish with the ALF is to provide a place for Aboriginal lawyers and students to come together, to support and mentor one another.

The four objectives of the ALF will be to provide a forum for networking, professional development, leadership and a celebration of Aboriginal culture. Like the CBABC’s Women Lawyers Forum, the ALF will be a group that connects its members on a social level, while raising the profile of Aboriginal lawyers in B.C. To accomplish our objectives we plan to hold various different types of events throughout the year. Our event ideas include, golf tournaments, fashion shows, mixers, comedy nights and any old occasion to bring us together. With Aboriginal lawyers and students throughout the province, ALF is working to start a monthly newsletter, so that members practising in remote areas can feel connected. Our overall goal is to facilitate meaningful social interaction between our members so that we can share common experiences, support and mentor one another in order to build a strong network of Aboriginal lawyers and students.

At present time, the ALF is not formally affiliated with the CBA. However, the ALF Executive, with the support of the CBABC Equality and Diversity Committee, is working on a CBA Section Application and hopes to become an official CBABC forum by the end of 2010.

If you would like to support the formation of the Aboriginal Lawyers Forum, or would like more information on how to join, or if you have any questions, comments or suggestions, please contact Christina Cook at christina.cook@shaw.ca.

June 2010 / BarTalk 15

guests KIMBERLY LAW

Smart Phone Etiquette How to be smart with your smart phone.

S

mart phones are everywhere, and used all the time. Over the past few years, smart phone use and misuse has increased to dangerous levels; they now cause everything from general disturbances to road-rage. When using mobile phones, be courteous and consider the following: For many, the telephone is still the primary source of communicating with others for business, even if it is portable. With no visual cues to look for, your words and the tone of your voice are extremely important.

Use the same courtesy and enthusiasm you would on a business landline; when answering the phone, smile! The caller can hear it in your voice. Greet the caller professionally with your name.

Speak slowly and clearly, so your caller can understand you easily.

Keep the tone of your voice at a moderate level. Mobile phones generally have great reception, so there is no need to yell into the phone.

Keep your distance. Don’t disturb people around you while talking.

Chat on mobile phones when you are alone, not in public.

Personal matters are personal.

The public doesn’t need to hear your discussions with a client or a loved one.

Speakerphones are only to be used when more than one person needs to be in on the conversation. Always make sure the 16 BarTalk / JUNE 2010

person on the other end of the phone knows that they are on speakerphone.

Quirky ring tones can be very annoying. In a business setting, business means business. Set phones on silence, vibrate, or use a traditional ringtone.

For centuries, handwritten letters delivered by messenger or post were the only form of written correspondence. Over time, typewriters became the norm, but the delivery system remained the same. Now, with the explosion of texting and email, correspondence is sent at lightning speed. Even though electronic correspondence can be a real time-saver, it is still a form of written correspondence. Business correspondence should be written with the same formality as a business letter. This makes email a better option than texting.

The subject in the “subject” box reflects the content of the email.

Keep it short, concise and clear.

When corresponding over several emails, change the subject as the subject changes.

Use Salutations, just like a letter… ‘Hey, bro,’ just doesn’t cut it.

It’s easy to whip off a quick email, but remember to pay attention to spelling and grammar so that you are clearly understood.

Your

email signature takes the place of the company return address in a letter. Include your name; title; company name; company telephone number; your direct line and/or mobile number; and fax number.

Have your signature attached to a reply as well as the original email. This will keep your contact information at the receiver’s fingertips.

2:00 a.m.? 2:00 p.m.? EST? PST? Times and zones can cause confusion. Be clear about dates and times when referring to them.

Don’t have the answer? Don’t postpone; respond instead… Let them know when they can expect your response.

Just because they are portable doesn’t mean you should use them at anytime. Talking, checking and responding to email, text messaging, or planning your day on a portable device any time you may be disturbing others is just plain rude!

As technology evolves, so must our manners. A little techno-courtesy and a little common sense can make the technology experiences more pleasant for you, the receiver and the people around you.

Kimberly Law, AICI CIP founder of Personal Impact, is a certified image and etiquette consultant offering one-on-one and group training. Since 1999, she has shown business professionals how to look and act their very best, enhancing their professional image and increasing their bottom line. www.personalimpact.ca

Ron MacIsaac

The Early Days Circa 1948 Forward Law Practice in Nanaimo, B.C. Profiling B.C. lawyers whose work or life experiences are inspirational, instructive or plain interesting has been a recurring theme in BarTalk.

Remember our Olympian series in the lead-up to the Vancouver Olympic Games? Our latest contributor meets all three attributes, with a legal career spanning more than 70 years (and counting), Ron MacIsaac is the Nestor of our profession. In this article and several future instalments in BarTalk Online, Ron shares with us his recollections of “the early days.”

If you would like to suggest a colleague to be featured in BarTalk, please contact Deb at bartalk@bccba.org.

I

in the beginning graduated in law from the University of Saskatchewan in 1948 and intended to check out the boom town of Port Alberni. I arrived by ferry in downtown Nanaimo and while waiting for the Alberni bus, I dropped in on a street level law office and invited lawyer Vic Harrison out for tea (it was tea in those days, not coffee). He said, “Why look for articles in Alberni, you

can article to me.” “But I want a partnership at the end of articles.”

“You can have that,” he said.

I went on anyways to Alberni but found the boom was over and there were no article positions.

So back I went to Nanaimo and signed articles at $100 a month. I took a $20 a month job as a night shift fireman and took up the Gallop Poll on tea breaks for another $18 a month.

I soon found that my benefactor had been the Mayor for over a dozen years and work had piled up. Mr. Harrison almost never came to the office. He delegated his only inside office to me and stayed away. I had to go to police court every day so I hired two more article students, Hugh Heath and Doug Greer. They had working wives so articles paid only $15 a month! We had only the one inside office so we interviewed clients in the empty billiard room at the back of the building.

You Don’t Get Paid Unless You Find the Accused Guilty Police court had an inbuilt barrier to justice, the stipendiary magistrate. He only got paid if he found the accused guilty and fined him x dollars plus costs (the stipend).

Most of the magistrates were retired B.C. police officers or retired

archdeacons, none on the Island were lawyers. I used to fill the car with retired seniors when I went out of town. During the trip, we would discuss the defense theories.

The magistrate would see his audience nod in agreement with everything I said, and would think... “if these old guys think the chap is not guilty, what can I say but acquit.”

Two very senior criminal lawyers of the day told me their practise was to tell the stipendiary magistrate that while their view was that their man was not guilty, nevertheless, he should pay the

costs of the court hearing (which was then pre-paid). What I did was to join all sorts of societies and associations and have myself appointed Resolutions Chair. Then I flooded the premier with resolutions calling for salaried magistrates. The premier obliged.

In 1948, the courts were quite casual about students doing trials.

I appeared a few times in county court as well as being a regular in police court.

Continued in BarTalk Online...

If you would like to read more about Ron`s early days go to www.cba.org/bc/bartalk_06_10/ 06_10/guest_macisaac.aspx.

GO ONLINE FOR MORE INFORMATION

JUNE 2010 / BarTalk 17

news&events NATIONAL NEWS

CBA Says Bill C-3 Falls Short in Addressing Sex Discrimination

Chris Devlin, Executive member of the CBA’s National Aboriginal Law Section

n The CBA’s National Aboriginal

Law Section says that while Bill C-3, Gender Equity in Indian Registration Act may be well intentioned, it falls short of the mark in addressing sex discrimination.

“The Bill represents the first time in 25 years that Parliament has considered the registration provisions of the Indian Act. Will Bill C-3 actually promote gender equality in Indian registration? Our answer is sort of, but not quite,” says Chris Devlin of Victoria, Executive member of the CBA’s National Aboriginal Law Section.

“The CBA recommends that Bill C-3 be amended so that a grandchild born before 1983 with a female grandparent would receive the same entitlement to Indian status as a grandchild of a male grandparent born in the same period,” explains Chris Devlin.

18 BarTalk / JUNE 2010

The legislation was introduced in response to a lawsuit by Sharon McIvor, challenging the 1985 amendments to the Indian Act on the basis of sex discrimination at the Supreme Court of B.C. The trial judge ruled in her favour.

The Government of Canada appealed the trial decision and the B.C. Court of Appeal allowed the appeal in part.

The McIvor case addresses longstanding sex discrimination in the criteria for determining registration status under the Indian Act. Until 1985, status under the Indian Act followed the paternal line, transmitted by male Indians as fathers and husbands, but not by female Indians as mothers and wives. The 1985 amendments, designed to address this discrimination, did not operate retroactively, thus perpetuating aspects of the historical discrimination.

According to the CBA’s ninepage submission, Bill C-3 does not completely eliminate discrimination from the registration provisions of the Act. “The proposals do not address discriminatory aspects of the ‘second generation cut-off rule’ enacted in 1985.”

The second-generation cut-off rule occurs as a result of two successive generations of parenting with non-Indians of either sex.

“Perhaps more importantly,” continues the brief, “Bill C-3 would not sufficiently address the source of discrimination identified by the B.C. Court of Appeal.” As well, Bill C-3 would

only eliminate discrimination for some individuals; others would continue to suffer discrimination by receiving lesser or no status because they had, for example, an Indian grandmother instead of an Indian grandfather.

To address the underlying problem, the CBA recommends that Parliament take the opportunity to fully eradicate gender inequality in the registration provision of the Indian Act, rather than simply follow the letter of the law outlined in the B.C. Court of Appeal decision.

Chris Devlin presented the CBA submission to the Commons Standing Committee on Aboriginal Affairs and Northern Development on April 15, 2010.

CBA submission: \\

http://www.cba.org/CBA/sub missions/pdf/10-21-eng.pdf GO ONLINE FOR MORE INFORMATION

Directory 2011 is Coming!

Watch for your Directory Listing Proof in the mail or request one at data@bccba.org. To advertise, book your preferred area of practice listing or to pre-purchase a 2011 directory download the order form at www.bccbadirectory.org

SECTION NEWS

Report on the CBABC WLF’s Mentoring Program n One of the success stories of

the CBABC Women Lawyers Forum (WLF), is its very successful mentoring program that over the past seven years has matched more than 600 lawyers in mentoring relationships. This CBABC program is the largest mentoring program in Canada for women lawyers and is one of the most important ways to support women in the law. The program matches women from all over the province and is particularly helpful for women in communities where there are few mentors available. In January 2010, the Law Society made mentoring eligible for CPD credits to recognize its importance in developing lawyer skills.

The WLF’s mentoring program runs from January 1 to December 31st each year with calls for applications going out each October to members of the WLF. You must be

a member of the WLF to be eligible for the program. The WLF’s Mentoring Committee received an overwhelming number of applications from prospective “mentees” for the 2010 year, and senior women lawyers from around B.C. stepped up to the call for mentors. As a result, the Mentoring Committee matched a record 86 mentor-mentee pairs (“Pairs”) in January.

The Mentoring Committee helps to ensure the effectiveness

of mentor-mentee relationships by hosting an orientation lunch where Pairs meet for the first time, review and sign the mentoring contract and learn how to qualify and apply for CPD

LAW WEEK 2010 – FUN RUN Photo credit: Patricia Jordan

credits with the Law Society. The Mentoring Committee also hosts a workshop aimed at providing practical skills for Pairs in the area of communication and mentoring. The Mentoring Committee follows up with each Pair during the year to ensure that both the mentees and mentors are getting the most out of the program. Finally, the WLF promotes and recognizes excellence in mentoring through the Debra Van Ginkel, QC Mentoring Award that was awarded for the first time in November 2009.

Key to the success of the WLF’s mentoring program is the significant volunteer time and commitment of the WLF’s Mentoring Committee. If you would like to get involved with a dynamic group of women lawyers, please contact the Co-Chairs Deborah Taylor (dtaylor@lklaw.ca) or Julie Fisher (jfisher@wgmlaw.com).

Photo: Linda Robertson, Chair WLF

Go to www.bclawweek.org to view more photos of all Law Week 2010 events.

JUNE 2010 / BarTalk 19

news&events NATIONAL NEWS

NEW PROGRAM

Robert Brun, QC Elected CBA National Second Vice-President

New Master’s Program in Law, Justice and Ethics

n Robert

Brun, QC of Vancouver is the CBA’s new Second VicePresidentelect following the vote

by Council.

He will become Second Vice-President at the CBA’s Canadian Legal Conference in Niagara in August, the first step on the way to the presidency in 2012.

With more than 30 years of CBA experience, nationally and provincially, Robert currently serves on the CBA’s National Task Force on Conflicts of Interest and has been CBABC’s appointee to the Justice Review Task Force since 2006. He was president of CBABC in 20032004 and served on the CBA’s Board of Directors the same year.

He is currently a Bencher of the Law Society of British Columbia and Vice-Chair of its Practice Standards Committee. Robert has been a member of the Trial Lawyers Association of B.C. since 1991.

During his election campaign, Robert focused on leadership, membership and advocacy. He favours a consultative approach to the presidency and is dedicated to increasing membership.

“I will work nationally and with the Branches to improve our legal system by promoting the rule of law,” said Robert Brun.

“I will ensure the views of the CBA are known in the corridors of Parliament.”

Robert has been a partner at Harris & Brun since 1985. Called to the Bar in 1978, he has a special interest in personal injury and workers’ compensation law. He is also experienced in the fields of insurance and administrative law.

n The new M.Ed. degree pro-

gram at SFU is projected to start in the fall 2011 and will finish during the summer 2013.

This new Master’s program will introduce teachers, school administrators, school district staff, leaders in post secondary education, personnel in non-governmental educational agencies such as the police and human rights organizations, etc. to the Canadian legal system, and in particular to education law, relevant case law, provincial and federal statutes, conflict resolution strategies, law-related education for youth, inclusion and diversity challenges and solutions, ethical dilemmas, ethics of care, critical pedagogy, and other current issues such as cyberbullying and violence in schools.

The focus will be both theoretical and practical.

UPCOMING EVENT

2010 CBABC Work Life Balance Awards Luncheon

2009 CBABC WLB Award Luncheon – L-R: Helena Clift, CBABC Work Life Balance Section; Wally Oppal, QC, former Attorney General; Susan Connaghan, Pushor Mitchell LLP (2009 award winner); Antonio Zivanovic, Corporate Occupational Solutions (sponsor) and Catherine Sas, QC, Chair, CBABC Work Life Balance Section.

20 BarTalk / JUNE 2010

The Work Life Balance Awards will be presented at the Annual Work Life Balance Awards Luncheon on June 24, 2010 at the Vancouver Club, 915 West Hastings Street, Vancouver, B.C., V6C 1C6. The Work Life Balance Section in consultation with the CBABC Awards and Recognition Committee, will select the recipients. You are encouraged to attend the luncheon to learn about the latest in Work Life Balance and to honour the winners.

Please see this link for award luncheon registration forms: \\ www.cba.org/BC/pdf/events/wlb_event_06_24_10.pdf.

legislative update

Acts In Force Current from March 2 to April 26, 2010 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.

HOUSING AND SOCIAL DEVELOPMENT STATUTES AMENDMENT ACT, 2009, S.B.C. 2009, C. 33 (BILL 14) Sections 1 and 2 are in force June 1, 2010

LABOUR AND CITIZENS’ SERVICES STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 12 (BILL 13) Section 29(c) is in force March 4, 2010

MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2009, S.B.C. 2009, C. 34 (BILL 20) Section 2 is in force March 4, 2010

PROTECTED AREAS OF BRITISH COLUMBIA AMENDMENT ACT, 2009, S.B.C. 2009, C. 19 (BILL 10)

branch & bar

Calendar

JUNE

4, 10 The Supreme Court of British Columbia Welcoming Ceremonies 9, 23, 30

LAP: Enhancing Self Esteem

10 CBABC PD Seminar: New Family Rules 11 Vancouver Battle of the Bar Bands 16 LSBC Event: Inspiring Stories Connecting Future Leaders 17 CBABC/VBA 14th Annual Golf Tournament 19 Provincial Council 23 CBABC PD Seminar: Exercising Judgment in Criminal Law 24 CBABC Work Life Balance Awards Luncheon

JULY 8 The 2010 New Westminster Bar Association and Fraser Valley

Bar Association Golf Tournament COMMITTEE NEWS

Court Rules Implementation Monitoring Initiative The new Supreme Court Civil and Family rules come into force on July 1, 2010. The CBA has set up subcommittees to monitor implementation, collect concerns about the functioning of the new rules, and distribute information to members about how the rules are being interpreted.

Please visit “Initiatives” at www.cba.org/bc to report any \\ concerns or pass on any reasons for judgment or other information about interpretation of the new rules.

Sections 2(c) and 3(b) are in force April 21, 2010 COMMITTEE news

SECURITIES AMENDMENT ACT, 2006, S.B.C. 2006, C. 32 (BILL 20) Sections 2, 25, 26, and 47(d) and section 66(a) to the extent that it adds a reference to section 87(2) to section 184(2) (b.1) of the Securities Act are in force April 30, 2010

LLRC: CBABC Voice for Law Reform n The CBABC Legislation and Law Reform Committee (LLRC) is a

standing committee composed of appointed CBABC members who practice a wide range of law. The LLRC works to analyze new and existing B.C. legislation, make recommendations to the provincial government on law reform matters and alert the profession about important B.C. legislation. If you have any questions on law reform matters, want to be an LLRC member or have a law reform project in mind, contact the LLRC at srennie@bccba.org.

JUNE 2010 / BarTalk 21

news&events COMMITTEE NEWS

The Race Is On: Save the Date!

LAW WEEK 2010 VANCOUVER Photo credit: Patricia Jordan

CITIZENSHIP CEREMONY

R v. Hades MOCK TRIAL

The Aboriginal Law Student Scholarship Trust (ALSST) is a joint initiative between the Canadian Bar Association (B.C. Branch) and the National Aboriginal Achievement Foundation (NAAF) to raise $500,000 toward an endowment for Aboriginal students attending the University of British Columbia or University of Victoria Law Schools. To date, $182,923 has been raised and is administered

by NAAF. The inaugural ALSST Committee was Co-Chaired by Maria Morellato, QC and Beverly O’Neil, with the assistance of CBABC Executive Liaison, Arlene Henry, QC. Fundraising efforts started in 2008 with a spring launch.

Initial fundraising was promising, augmented by a $75,000 matching grant from The Law Foundation of British Columbia.

In addition to the Committee’s efforts, Isabel Jackson (counsel, Department of Justice) and Jennifer Duncan (associate, McDonald & Company) have spearheaded an online silent auction that runs the week of June 21, National Aboriginal Day. In 2009, the auction

22 BarTalk / JUNE 2010

raised $5000. Details for this year’s Auction and Event will be posted on the Auction website http://nadauction.com/.

This year, the ALSST generated enough interest to provide two first year law students at the University of Victoria scholarships of $2,375 each.

The current ALSST Committee is Co-Chaired by Tina Dion and Michael McDonald, who are leading a group of dedicated individuals, including Maria Morellato, QC, Janelle Dwyer, Deborah Jeffrey, George Hungerford, CFA, Darwin Hanna, Douglas White and Lindsay LeBlanc. Jennifer Spencer (Miller Thomson LLP) is the CBABC Executive Liaison for this Committee. The Committee will hold a fundraising Gala on Thursday, September 30, 2010 at the Sheraton Wall Centre Hotel in Vancouver. The CBABC and the Law Society will join us in circulating more details to the profession over the summer. The Gala will feature live and silent auctions as well as entertainment.

Mark your calendars, everyone! Join us in raising scholarship funds on September 30th!

DIAL-A-LAWYER

PUBLIC FORUM

OPEN HOUSE

grantsapproved Continuing Programs and Projects 15,000 SIMION FRASER UNIVERSITY, SCHOOL OF CRIMINOLOGY Law School Development Project

The Board of Governors of the Law Foundation of B.C. met on March 27, 2010 and approved funding for a number of continuing programs and projects. Chair Mary Mouat is pleased to announce that funding totalling $417,456 was approved for the following 14 projects: Funding totalling $147,456 was approved for the following 11 small projects: 15,000 BC CIVIL LIBERTIES ASSOCIATION Arrest Handbook 15,000 COWICHAN WOMEN AGAINST VIOLENCE SOCIETY Designated Domestic Violence Court Education Project 15,000 DOXA DOCUMENTARY FILM FESTIVAL Legal Rights Film Forum 15,000 LEGAL SERVICES SOCIETY Association of Legal Aid Plans Conference 15,000 PEOPLE’S LAW SCHOOL SOCIETY Consumer Law Cartoons and Web Pages 15,000 SALVATION ARMY BELKIN HOUSE Refugee and Personal Information Form Development Program

15,000 VANCOUVER AREA HUMAN RIGHTS COALITION SOCIETY BullyFreeBC – Phase III Report 10,560 SENIORS’ OUTREACH SERVICES SOCIETY Seniors’ Outreach Housing 9,396 WEST COAST PRISON JUSTICE SOCIETY Prisoner Legal Education Project 7,500 CANADIAN INSTITUTE FOR THE ADMINISTRATION OF JUSTICE Sentencing and Corrections Conference

Funding totalling $240,000 was approved for the following two Public Interest Articling Scholarships: 120,000 BC LAW INSTITUTE Public Interest Articling Fellowships 120,000 COMMUNITY LEGAL ASSISTANCE SOCIETY Public Interest Articling Fellowships

Funding totalling $30,000 was approved for the following project: PROVINCIAL COURT OF BRITISH COLUMBIA Judicial Interns Circuit Court Program

For full details of the \\

programs and projects that received funding, please visit www.lawfoundationbc.org.

Law Foundation of British Columbia

First West Credit Union Law Foundation Chair, Mary Mouat, commends First West Credit Union for its commitment to pay one of the most competitive rates of return on lawyers’ pooled trust accounts. This ensures First West Credit Union a top spot on the Law Foundation’s preferred list of financial institutions for lawyers pooled trust accounts.

First West Credit Union is a new credit union formed by the merger of Envision Credit Union and Valley First Credit Union, both having agreed to competitive interest rate agreements in the past.

Now with the merger, and during these unprecedented times with interest rates at a record low, First West Credit Union voluntarily stepped forward with a new agreement that set it above other financial institutions in the rate of return paid to the Foundation. Thanks go to former Chief Executive Officer Gord Huston, and current Chief Executive Officer Launi Skinner, for the leadership shown in making this new agreement possible.

Increased revenues enable the Law Foundation to fund programs that make the justice system accessible to the people of British Columbia. The funded programs include professional legal education, public legal education, law reform, legal research, legal aid and law libraries.

The Canadian Bar Association (B.C. Branch), the Law Society and the Law Foundation encourage lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts.

JUNE 2010 / BarTalk 23

professionaldevelopment email: PD@bccba.org

WEBSITE: CBA.ORG/PD \\

The B.C. Branch of the Canadian Bar Association is recognized by the Law Society of B.C. as a premier provider of professional development activities. CBABC is committed to providing relevant and costeffective ways to obtain your mandatory professional development hours.

CBABC provides conferences, workshops and webinars designed to meet the needs of lawyers while still maintaining the opportunity to network, advance your career, your practice and your business.

Conferences CBABC Annual Branch Conference Date: November 19-21, 2010 Speakers: Variety of B.C. and U.S. speakers Location: Scottsdale, Arizona Details: Complete all 12 of your 2010 CPD credits, including the two-hour required professional responsibility and ethics, client care and relations and practice management component.

Conference brochure is included as an insert in this publication.

CBA Canadian Legal Conference: Niagara 2010 Date: August 15-17, 2010 Location: Niagara, Ontario Details: CLC events will ensure you take in the full beauty and excitement of one of Canada’s

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premiere wine regions. The main conference sessions are taking place at the Sheraton on the Falls with receptions and events throughout the vineyards of Niagara. Opening Night Festivities at Table Rock Centre are at the brink of the thundering falls while the closing evening will let you explore wine country.

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Seminars Joint Fraser Valley Bar Association, Surrey Bar Association and CBABC PD Seminar: New Family Rules Date: June 10, 2010 Speaker: John-Paul Boyd Location: Guildford Golf and Country Club, Surrey Joint Criminal Justice – Vancouver Section and CBABC PD Seminar: Exercising Judgment in Criminal Law: Not Just the Job of the Judge Date: June 23, 2010 Speaker: The Honourable Mr. Justice Thomas Albert Cromwell Location: Law Courts Inn, Vancouver

niagara2010/main/ for further details.

\\ Don’t forget to visit our new one-stop PD resource site www.cba.org/pd/ to create

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memberservices email: MEMBERS@bccba.org

Member Services online highlights regular discounts available to members from a range of national and regional preferred suppliers. Seasonal promotions and special offers to members are promoted weekly via CBABC News & Jobs. Visit the CBABC website for links to various activities and promotions on the Member Savings page.

Buying a home or renewing your mortgage? Select Banking and find out how you can get a $100 gift \\ card upon completion of your mortgage with The Mortgage Group.

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24 BarTalk / JUNE 2010

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www.iiroc.ca JUNE 2010 / BarTalk 25

barmoves Who’s Moving Where Diane Campbell

Martha Metzner

has joined Edwards Kenny & Bray LLP as a corporate commercial solicitor. Ms. Campbell advises clients on various business law matters, including regulatory and corporate matters for credit unions.

opened her Langley practice in the summer of 2009 with a focus on family law. She specializes as well in co-ownership, cohabitation, marriage and surrogacy agreements.

Catherine A. Sas, QC

David Goult

has joined Miller Thomson LLP’s Vancouver office as a partner after 20 years of sole practice as an immigration lawyer. Ms. Sas provides a full range of immigration services to individuals, corporations and small businesses.

has been named as an equity partner at Fraser Milner Casgrain LLP. David practises in the area of litigation and dispute resolution.

Sean K. Boyle

Scott Sweatman

has joined the Blake, Cassels & Graydon LLP partnership at their Vancouver office. His practice focuses on corporate and commercial litigation, with an emphasis on securities litigation and regulatory matters.

of Blake, Cassels & Graydon LLP, Vancouver, moves to his newly-formed boutique human resources law firm with offices in Calgary and Vancouver, Spectrum HR Law LLP.

Alex Shorten

Anthony Moffatt

has rejoined Bull, Housser & Tupper LLP as senior associate counsel and will be practising with their Business Law Group.

has joined Bull, Housser & Tupper LLP as an associate and will be practising with their Labour and Employment Group.

26 BarTalk / JUNE 2010

newmembers bar moves submissions (max 35 words) to CBA@bccba.org FOR MORE BAR MOVES GO TO BARTALK ONLINE

March & April 2010

Greg T. Palm

Associate Member

has formed Palm & Company Legal Counsel, a boutique civil and commercial litigation firm in Surrey. His litigation practice includes business, employment, creditor recovery and real estate matters among others.

John Lawit

Scott Black

Lawit & Kitson Albuquerque, NM

Jamie Kariya

Virginia Richards has completed her articles and will be staying on with Greig, Wilson & Rasmussen LLP as an associate. Her practice will focus on estate litigation, personal injury and family law.

Regular Members

Blake, Cassels & Graydon LLP Vancouver

Daniel F. Hepburn

Polina Lussier

Campbell Froh May & Rice LLP Richmond

Lindy Mathesius

Judd Lambert

Jessica McKeachie

Pryke Lambert Leathley Russell LLP Richmond Catherine L. Miller

Allen & Company Courtenay Edmund (Yunwei) Xie

Oyen Wiggs Green & Mutala LLP Vancouver

Howard Wong has joined Synergy Business Lawyers. He will be practising in the real estate development and commercial law.

Scholar Member

has joined Synergy Business Lawyers as an associate. She will be practising in the commercial law area.

Lidstone & Company Vancouver Christine Muckle Clarence Rambharat

Surrey Janeen Sandhu

Richmond Veer Siddiqui

Blake, Cassels & Graydon LLP Vancouver

Eileen Blishen

Michael Steinbach

Burnaby

Maria Zeldis

Articling Students

Kristi Zychowka

Delta Law Office Delta

Law Students

Christina Adam

Sundip Dhillon

Stephanie Albiston

Surrey

Shelley Armstrong

Servane Phillips

Blake, Cassels & Graydon LLP Vancouver

Vancouver Lisa van den Dolder

Perry Bahniwal

Canucks Sports & Entertainment Vancouver

JUNE 2010 / BarTalk 27