BarTalk | June 1989 by The Canadian Bar Association, BC Branch

NEWSLETTER OF THE CANADIAN BAR ASSOCIATION, B.C. BRANCH

JUNE, 1989 VOLUME1 NUMBERS

B.C. Branch Annual Meeting

tible to exploitative, irresponsible practices", the committee said in its report. The committee said it is opposed not just to the "commercialization of surrogacy" by agents and other third parties, but also between the parties themselves.

Janice Dillon, Chainnan, special task force on reproductive technology, reporting to the annual meeting.

HIGHLIGHTS BRANCH ANNUAL MEETING BRANCH ELECTIONS LEGAL AID FUNDING LEGISLATIVE UPDATE SECTIONTALK

The report of the special task force committee on reproductive technology highlighted the annual meeting of the B.C. Branch held in Vancouver June 23rd. The committee, chaired by Janice Dillon, a Vancouver lawyer and assistant clinical professor on the faculty of medicine at UBC, called for a prohibition on the payment of money or other considerations to the birth mother or third parties in surrogacy arrangements. The committee said in its 40page report that it considered the option of banning surrogacy agreements altogether, a solution proposed by the Quebec Bar Association. "One problem is that such a ban is unlikely to be practically enforceable and may prevent or drive underground those arrangements which do not violate established principle, rendering them even more suscep-

"While the removal of financial incentives may reduce the number of women willing to consider these arrangements, this is in keeping with the committee's desire not to encourage surrogacy but to facilitate it in rare circumstances when the birth mother chooses to honour the agreement in a situation that gives every possible protection to herself." The committee said the birth mother should have the same amount of time- at least 10 days -as in an ordinary adoption to consider whether to give up custody and should have the right to change her mind after the birth and withdraw from a surrogacy contract without giving the proposed adopting parents rights of child access. If the birth mother decides to keep the child after the proposed adopting parents have turned down custody for any reason, the birth mother "should be able to claim on behalf of the child maintenance from the proposed adopting parents and against their estate." The birth mother would have no such recourse if she did not enforce the agreement by first offering custody.

Serving on the committee with Dillon were Vancouver lawyers Georges Goyer and Karen Nordlinger, Professor Lynn

Smith of UBC's faculty of law, Vancouver pediatrician Dr. Sydney Segal, and Dr. Christo Zouves, medical director of the in vitro fertilization program at UBC's faculty of medicine. Branch President Jim Vilvang, in a brief report to the annual meeting, urged members to take the time to read the annual report to learn of the many things the Branch is doing for them. "The continued vitality of the B.C. Branch comes from the willingness of so many members to serve the profession in so many ways", Vilvang said. "As the past year progress I witnessed the Branch take on more work than I ever thought possible and, for the most part, do it extremely well." Secretary-Treasurer Terry La Liberte noted that the financial statements of the Branch are reported in two sections because the fiscal year was changed to June 30th from December 31st. He said the budget for the fiscal year ending June 30, 1989 projects a surplus of $10,683 after adjustments. This would build the Branch's accumulated surplus to $21,716, in addition to the $25,000 transferred to general reserves in accordance with a resolution passed by Provincial Council two years ago. Executive Director Bob Smethurst, said in this report that the Branch had received approval from the Law Foundation of B.C. on its request for funding of the Dial-a-Law and

Lawyer Referral Service programs. He also said the Branch is considering a computer-based system that would allow Dial-aLaw to operate 24 hours a day. Among other business at the meeting, the Branch passed resolutions: • approving revisions to the Branch by-laws that will add 10 more elected members of Provincial Council when Branch membership levels reach 7,000 expected later this year. • empowering the executive committee to appoint a representative of each level of the judiciary to Provincial Council for two-year terms. • asking family law lawyers to provide for publication copies of judgments in which spousal support is awarded, for the information of other members of the Bar.

B.C. Branch elections

Lusk, who practices in areas of civil litigation and competition law, has served as vice-president of the B.C. Branch for the last year and was secretary-treasurer in 1987-88. He has also served on a number of bar committees at both the Branch and national levels . A graduate of the University of Manitoba and the University of British Columbia, Lusk was called to the bar of B.C. in 1969 and the bar of Alberta in 1974.

Others elected as officers of the Branch were Terry La Liberte, vice-president, and Wendy Baker, secretary-treasurer, both of Vancouver. Elected to the executive as members-at-large were Robert Gourlay, Vancouver; David Brine, Surrey; Parker MacCarthy, Duncan; and Barry Browning, Victoria. Elected to the Branch's Provincial Council as representatives from the various counties were: Cariboo- Peter Warner, Michael Brecknell, Robert Leverman

The new executive of the CBA 's British Columbia Branch (from left), from raw: Terry La Liberte, vice-president; Jim Vilvang, immediate past president; Wendy Baker, secretarytreasurer; Russell Lusk, president-elect; and members-at-large Robert Gourlay and Parker MacCarthy. Back Raw: members-at-large David Brine and Barry Browning. They assume office at the end of the CBA 's national annual meeting in Vancouver Aug. 23rd.

Russell W. Lusk, partner in the Vancouver law firm Ladner Downs, has been elected president of the Canadian Bar Association's British Columbia Branch for the 1989-90 year. Lusk, elected by acclamation at the annual meeting of the Branch in Vancouver, June 23rd, succeeds James D. Vilvang of Richards, Buell, Sutton in Vancouver. He assumes office on August 23rd at the end of the CBA's national annual meeting in Vancouver.

John Jennings addressed B.C. Brat.

Kootenay- Richard Ellsay Nanaimo- Douglas Cowling Prince Rupert- Edmond De Walle Vancouver- Thomas Cove, David Mossop, Glen Orris, Marina Pratchett, Bruce Woolley Victoria- Barry Browning, Martha McNeely Westminster- Craig Goebel, Wendy Young Yale- Glenn Einfeld, Howard Pontious

John Jennings, national presidentelect of the CBA, addresses the annut1l meeting of the CBA 's British Columbia Branch in Vancouver June 23rd. The Canadian judiciary should not be put in a position of receiving anonymous criticism from anonymous sources, CBA president-elect John Jennings told the annual meeting of the British Columbia Branch in Vancouver June 23rd. Referring to the recent contn versial article in Canadian Lawyer magazine reporting on a survey to determine "the best and worst" judges in the country, Jennings said that while lawyers can "knock back" when lawyer-bashing stories appear, judges cannot. "I believe that the judicial system in Canada is one of the finest in the world and I'm proud of the people who serve on the bench", he said. The CBA code recognizes the rights of lawyer and the public to criticize the judiciary, but it should be "constructive criticism that seeks to improve the administration of justice." Jennings said Canadian Lawyer was free to conduct its "random sampling of subscribers" and publish the results because of freedom of expression and freedom of the press in this country, but it failed to follow a fund mental rule of journalism by •. ~(

getting the other side of the story.

Legal aid funding

He said there are mechanisms in place to handle criticism of the judiciary in a fair manner, including legal journals and federally and provinciallyappointed councils.

Additional funding to increase the number of individuals who can be helped through legal aid in British Columbia was part of the justice reform package introduced in the legislature in May by Attorney General Bud Smith.

"I have no quarrel with raising concerns in the press, but there is a big difference between reporting on what happens in court and a survey based on a random sampling of an undisclosed group." When complaints arise, judges should be presented with specific cases and evidence, he said.

American Bar Association Challenges confronting the legal profession and the rule of law that transcends international borders were discussed when members of the CBA's British Columbia Branch attended meetings of the American Bar Association's board of governors in Vancouver June 16th. B.C. lawyers were invited to join the meetings as the ABA explored issues relating to its selected theme for this year's Law Day USA, "Access to Justice"- also the title of the recent report from B.C.'s Justice Reform Committee. Sessions focused on a broad range of issues affecting access to the justice system on both sides of the Canada-US border, including court backlog, court delay, lawyer competence and alternative dispute resolution. About 125 lawyers attended the meetings, including bar leaders from Alaska, Hawaii, Idaho, Oregon and Washington. The B.C. Branch, the Law Society of B.C. and the University of B.C. faculty of law jointly hosted a reception for the visitors.

In its response to the report of the provincial Justice Reform Committee, the government says the availability of family and criminal legal aid will be increased by using a more flexible financial eligibility test effective Aprill, 1990. Smith said more people will be helped in civil law matters through an additional $500,000 for community legal aid offices in the next fiscal year. He also announced an increase of five percent in the legal aid tariff effective in October 1989 and said further changes in the tariff will be addressed during the normal budget process and based on the findings of a review to be completed this July. Jim Vilvang, president of the CBA's B.C. Branch, said that while the bar appreciates the improvements that have been made in legal aid funding "it also recognizes that a lot more has to be done to bring legal aid tariffs to a level acceptable to the members." Vilvang said a statement made by the Attorney General when introducing his ministry's budget to the legislature April 26 shows that he is committed to try and bring legal aid tariffs up to "a realistic level." Hansard quotes Smith as saying, in part: "As much as we have done in that regard [legal aid funding], I want to see us do more and we will do more. That's a responsibility I have. I believe very strongly in the proposition and I know that the Legal Services Society does as well, because we've had many discussions in that regard ...

"Some people have the view that those resources somehow go to fatten up a profession that's already too fat; I reject that notion, but it's fairly widely held in our society and it knows no political boundaries." Vilvang says Smith's remarks shows that he's attempting to convince people that legal aid funds "are not making lawyers wealthy" and that, in fact, the tariff does not permit lawyers even to cover their overhead in many circumstances. "We appreciate the recognition of the Minister of the inadequacy of current legal aid tariffs in criminal and family law areas and his commitment to do whatever possible to increase tariffs to realistic levels", Vilvang said. Jack Olsen, Executive Director of the Legal Services Society has advised the B.C. Branch of recent changes announced by the Attorney General. The Ministry has committed funds to the Legal Services Society in the following areas: 1. A 5% tariff increase beginning October 1, 1989; 2. Funding beginning October 1, 1989 to expand duty counsel to all criminal courts throughout the province and increase fees from $30 per hour to $40 per hour; 3. Funding beginning Aprill, 1990 to move to a flexible eligibility test for all family law matters that the Society is currently covering; 4. Funding beginning April 1, 1990 to move to a flexible eligibility test for all criminal matters that the Society is currently covering; 5. An increase of $500,000 to permit the Society to provide more services in the civil nonfamily area, beginning April 1, 1990.

Legislative update

Bill28 Personal Property Security Act Bill29 Finance and Corporate Relations Statutes Amendment Act, 1989 Just a reminder, if you want copies of First Reading Bills contact the Queen's Printer, 563 Superior Street, Victoria, British Columbia, V8V 4R6.

Bonita J. Thompson Since the last report was prepared, several important Bills have been introduced in the Legislature. There are indications that this Session of the Legislature will have a very heavy legislative package and that the legislation introduced could have a significant impact on the daily practice of law and on the affairs of our business clients, particularly. As of May 30, 1989, the following Bills have been introduced: Bill19 Municipal Amendment Act, 1989 Bill20 Municipal Amendment Act (No. 2), 1989 Bill 21 Municipal Affairs, Recreation and Culture Statutes Amendment Act, 1989 Bill22 Home Mortgage Assistance Program Act Bill23 Supreme Court Act Bill24 Court Rules Act Bill25 Small Claims Act Bill26 Justice Reform Statutes Amendment Act, 1989 Bill27 Workers Compensation Amendment Act, 1989

A brief peek at the Justice Reform package (see Bills 23 26) indicates that the policy decision to use plain language is beginning to filter its way into legislation. There are provisions in the Small Claims Act, for example, which appear to be descriptive rather than prescriptive and words like "must" have been substituted for "shall." The legislation retains a fairly formal style, however, and I rather expect that it will take considerable time and effort for Legislative Counsel to modify the legislative language and style they have adopted to a less formal and more conversational style. The Justice Reform package will undoubtedly be of considerable comment by leaders in the Bar elsewhere in BarTalk and, accordingly, I will not comment further except to encourage all members to study the legislative proposals carefully. The Personal Property Security Act is a uniform law proposal which has been subject of discussion in legal circles in British Columbia for several years. It is a very lengthy Bill and is of particular importance to clients securing debt with charges against chattels. If the Bill passes through the House uneventfully, lawyers can expect that it will not be brought into force until parties affected by it have had an opportunity to prepare for implementation. The Legislation and Law Reform Committee of the B.C. Branch has been asked to provide comments on several major pieces of legislation before introduction. Seldom is there sufficient time to

properly provide this requestPrl. advice and this year has bee exception. Members of the Bcu who have been approached to render this service have done so willingly and under great time pressures. The voluntary contribution of these members to this task cannot be adequately recognized but they deserve a hearty thanks!

Regulations to note Court Rules Act, B.C. Reg. 310/76, which enacts the Supreme Court Rules, is amended making changes to Rules 18, 18A, 24, 31, 40, 51, 52 and 60B. effective June 1, 1989

Mobile Home Act, B.C. Reg. 51/78 is amended by repealing and replacing the fee schedule under the Act. effective June 1, 1989

Health Act, B.C. Reg. 148/74, The Sanitation and Operation of Food Premises Regulation, is amended to provide that ad being used to assist a disable person can go onto food premises. The previous section was restricted to a guide dog for a blind person. effective May 1, 1989

Motor Vehicle Act, B.C. Reg. 26/58, is amended to provide for classes of licenses for newly defined categories of vehicles such as "all terrain vehicles", "special activity bus" and "limited speed motorcycle." effective May 31, 1989

Medical Service Act, B.C. Reg. 144/68, respecting persons eligible for premium assistance, is amended to take effect in two stages. Schedule 1 -effective May 12, 1989 Schedule 2- effective July 1, 1989

Financial Administration Act, B.C. Reg. 258/87, is amended changing the conditions which must be met before the government or a government corpr tion may give an indemnity. effective May 19, 1989

Home Owner Grant Act, B.C. Reg. 134/81, is amended by changing the requirements for applying for a grant respecting eligible apartments in an apartment building, a cooperative residence or multi dwelling leased parcel containing eligible multi dwelling leased parcel residences. effective May 19, 1989

Legislation to note The Police Act, S.B.C. 1988, c. 53, excepts. 26(4), is brought into force. effective July 1, 1989

Section membership Early in July the B.C. Branch office will be mailing to every member an enrollment form for joining Sections of your choice. To ensure that the Section mailing lists are current, members are required to re-register for Sections each year. The B.C. Branch now has 42 Provincial Sections and approximately 3,000 members participate. Support of Section activity is a high priority of the B.C. Branch. A major commitment in both terms of money and staff time is devoted to support the Provincial Sections. Members who do not re-register for Sections of their choice by the end of August, 1989 will have their names automatically deleted from Section mailing lists. If you have misplaced your Sec-

tion Enrollment Form get in touch with the B.C. Branch office.

B.C. Task Force on Environment and Economy Dr. David Strangway, Chairman of the B.C. Task Force on Environment and Economy, address-

ed the Environmental Law Section February 14, 1989, and invited submissions from the Section. On somewhat short notice the Environmental Law Section prepared a detailed submission that was forwarded to Dr. Strangway on April 5th. Members interested in obtaining a copy of the submission should get in touch with the B.C. Branch office. Part of the mandate given the Task Force is the formation of a round table for sustainable development and the development of a conservation strategy. The submission from the Environmental Section concurs with the formation of a round table for sustainable development and outlined a number of significant points to be taken into consideration in the development of a conservation strategy.

I.C.B.C. A letter from Graham Reid, I.C.B.C. Vice-president, advises that the Insurance Corporation will shortly be filing its first report under the Financial Information Act. Apart from financial statements which are already published in the I.C.B.C. Annual Report, this report will contain two additional schedules; one for employee~, the second for suppliers. The,two schedules list alphabetically all those people and businesses who have been paid more than $5,000 in the past year for supplying goods or services to the Corporation. All payments are consolidated, so each firm or person is listed only once. Copies of the report are available to any member of the public. A copy of the report will be available for perusal in the Corporate Library of I.C.B.C. at its head office in North Vancouver. Copies can also be purchased from I.C.B.C. at a cost of $5.

Members who have specific requests regarding their listing in the report should direct their queries to Amir Somji, Manager, General Ledger Controls, at the head office of I.C.B.C. in North Vancouver.

Branch Annual Report The Annual Report of the B.C. Branch for the 1988/89 year is now available. To obtain a copy of the report get in touch with the B.C. Branch. Included in the Annual Report are reports from many Committees and Provincial Sections of the Branch as well as the Annual Report of the Branch President, the SecretaryTreasurer and Executive Director. The budget and financial statements of the Branch are also included as well as special reports on Winter Convention, Dial-A-Law and Lawyer Referral Programs. At one time copies of the Annual Report were mailed to every member, but the cost of this exercise proved to be prohibitive. By a long standing policy adopted by the B.C. Branch in 1971, the Annual Report is considered both a report to the profession and to the public. Copies are distributed to selected media representatives throughout the province.

Winter Convention '90 The Winter Convention '90 will return to Victoria next year. The dates will be February 2 - 4, 1990. The convention hotel will be The Empress and the new Victoria Conference Centre will host the sessions. Mark these dates in your diaries now!

Home insurance The Executive of the B.C. Branch recently announced that the Branch will no longer sponsor "The Professional" Home Insurance Program offered to B.C. members by Leslie, Wright and Rolfe Limited. This program was developed several years ago by the Branch's Member Services Committee and has been a successful program since its inception. In 1986 the National Office of the Association entered into an agreement with the Canadian Bar Insurance Association whereby CBIA was granted the exclusive right to market insurance products to CBA members throughout Canada in return for a one percent of premium administration fee payable to the National Office on an annual basis. Notwithstanding the agreement, it was agreed that Branches could continue to offer to their members insurance products that were not then offered by CBIA. CBIA did not then offer a Home Insurance Program in B.C. and the B.C. Branch continued to sponsor the program offered by Leslie, Wright and Rolfe Limited. CBIA has now started to market a Home Owners Insurance Program in British Columbia pursuant to an agreement with the Canadian Life Casualty Insurance Company. This program is similar to "The Professional." Consequently, the B.C. Branch will now be supporting the Canada Life Casualty Insurance Plan.

B.C. Branch Directory honoured At the recent Western Conference of Association Executives meeting held in Edmonton, Alberta, the B.C. Branch 1988/90 Membership and Services Directory placed second in two categories of the Third Annual

Association Publications competition known as "Best In The West."

time, price and ticket availability to follow.

Executive Director, Bob Smethurst, entered the first issue of the Directory, published in September 1988 by the Member Services Committee. It was entered in both the Annual Reports/Programs of Work category and in the Membership, Promotion/Retention Brochure category of associations with annual budgets of over $500,000.

B.C. Dates

The WCAE is an association comprised of the four Western Provinces of Canada and the 13 Western States of the USA including Alaska and Hawaii. The B.C. Branch faced entries from a number of the other participating jurisdictions and placed second in both categories. The winners were declared at a special Black Tie Academy Awards type of ceremony recognizing the quality publications of the WCAE immediately prior to the Gala Banquet and Dance held on May 23rd. Although disappointed that the B.C. Branch entry did not place first in at least one of thecategories, Bob said that he was pleased with the recognition given to this new service provided to its members by the B.C. Branch and said that the Committee would be striving for first place in both categories in next year's competition.

A dinner for Mr. Justice William Mcintyre The B.C. Branch of the Canadian Bar Association, the Vancouver Bar Association and the B.C. Law Society are hosting a "Welcome Home" dinner for Mr. Justice Mcintyre who is retiring from the Supreme Court of Canada and returning to B.C. The dinner will be held September 21,1989 in the Le Versailles Ballrooom at the Meridien Hotel. Mark your calendars. Details of

Unless otherwise indicated, the contact is the B.C. Branch office. August 18 & 19,1989 Lawyers for Social Responsibility National Conference UBC Law School Contact: Bruce Torrie (604) 683-8111 August 20-24, 1989 Canadian Bar Association Annual Meeting Vancouver Trade and Convention Centre September 23, 1989 B.C. Branch, CBA Provincial Council Vancouver October 28, 1989 Branch Executive and Local and County Bar Presidents Law Courts Inn, Vancouver November 16, 1989 Bench and Bar Dinner Law Courts Inn, Vancouver December 9, 1989 B.C. Branch, CBA Provincial Council Vancouver February 2, 1990 B.C. Branch, CBA Provincial Council Victoria Conference Centre February 2 - 4, 1990 Winter Convention Victoria Conference Centre April 7, 1990 B.C. Branch, CBA Provincial Council Law Courts Inn, Vancouver June 22, 1990 B.C. Branch, CBA Annual Meeting Meridien Hotel, Vancouver June 22, 1990 B.C. Branch, CBA Provincial Council Meridien Hotel, Vancouver

General practice tips following the new federal budget

Shelley Bentley

Supreme Court of Canada decides that discrimination does not depend on a finding of Invidious intent Victoria Gray, President of the West Coast LEAF Association, spoke to the Constitutional Law Section on the role and success of LEAF. She stressed that LEAF is a national non-political and non-profit Society which was formed with the view to systematically undertake litigation to achieve equality given the advent of s. 15 of the Canadian Charter of Rights and Freedoms. In referring to some recently decided Supreme Court of Canada cases, Ms. Gray pointed out that Chief Justice Dickson has said that the Bliss decision of 10 years ago was wrongly decided. Ms. Gray noted that recent decisions make it clear that the court will carefully scrutinize the legislative impact when deciding equality cases. The Supreme Court of Canada has now found that sexual harassment is sex discrimination; that pregnancy discrimination is sex discrimination and that the Court will take an "enumerated or analogous grounds" approach, and look to legislative impact.

The new proposed federal sales tax, known as the Goods and Services Tax, will apply to legal services, probably to new and used houses and commercial rents. It will not apply to residential rents. The Budget proposes the introduction of new retroactive legislation regarding the deduction of legal fees in respect of retiring allowances. Also, commencing with the day of the Budget the withholding requirement where the vendor of real estate is a non-resident has been raised from 15% to 30% of the purchase price. The new rule is that failure to obtain a Clearance Certificate will require that 30% of the purchase price must be withheld. Commencing in 1990,33 1/3% of the purchase must be withheld. The interest rate for unpaid installments and overdue taxes has been increased commencing October 1, 1989 to 2% over the prescribed rate. Old Age Pension and Family Allowance payments will now be subject to a special tax with the result that one this tax has been phased in, the full amount of the Old Age Pension benefits and Family Allowance will be returned to the Government commencing when the recipient has taxable income in excess of $50,000.

Growth in practice of environmental law Three main reasons for growth in the practice of environmental law were outlined by Roger Cotton, a partner with McCarthy and McCarthy in Toronto. Public opinion polls indicate that environmental concerns are very

popular with the public. Politicians of all parties are adopting environmental concerns as part of their platforms. In addition, the media now gives high profile to environmental disasters. Mr. Cotton pointed out to Municipal Law Section members that a review of the liability of persons under Canadian environmental law reveals that almost everyone is liable including company employees, officers, directors, individuals, owners or tenants, secured creditors or receiver-managers, former owners or tenants, real estate agents, consultants or professional advisors, governments, agencies or ministries. All such parties usually need separate representation. The new concern about environmental issues affects almost every type of business transaction, real estate transaction, business acquisition, secured transaction including expropriation by municipalities.

New Home Warranty Program of B.C. protects new home ouyers Gary Mcinnis, Director of the New Home Warranty Program of B.C., addressed Vancouver Real Property Section members on the objectives and operation of the Program and added several tips for lawyers. In Mr. Mcinnis's view, it is prudent for a new home buyer to seek to be covered under the Program. The Warranty covers every defect no matter how small, for the first year and is assignable to new owners. Typically, banks and trust companies now require the Warranty. So as to enhance the credibility of the Program, builders wishing to be registered must first be able to demonstrate several years' experience in the

industry and produce ten satisfactory references from new home buyers. Mr. Mcinnis outlined the steps that a home owner who has a problem with a builder might take. The owner or solicitor can first determine whether the builder is registered under the Program by calling a toll-free number. If the builder is registered, the owner should have been given a home enrollment number and will be covered. The next step is adjudication and, if possible, conciliation. If the builder does not rectify the deficiencies found to exist, the Home Builders Association through its Warranty Insurance Program will see that they are rectified and will seek recovery from the defaulting builder. Under the Warranty, an inspection performed by the owner at the end of the first year must be acted upon by the builder. However, the builder is not required to take the initiative for the inspection. Therefore, it is important for lawyers acting for purchasers of new homes to advise their clients to perform inspections and provide written notification of defects within the first year of the Warranty period. Mr. Mcinnis also cautioned lawyers that the enrollment process takes several weeks and that they should hold all deposits in trust until enrollment of a new home into the Program is confirmed.

Government ministries involved with child Rrotection guide a by six basic principles In reviewing these six basic principles Averil Hare, Assistant Director, Inspection and Standards Unit of the Ministry of Social Services and Housing, stressed to Vancouver Family Law Section members that the safety and well-being of the child was the Ministry's funda-

mental priority. Further, the Ministry should become involved only where it has a mandate, that is, where a report has been made alleging that a child is in need of protection, or where a member of the family is in receipt of family benefits. Third, services are to be provided in a way that supports the independence and well being of the family. Ms. Hare advised that studies in this area have held that 90% of parents involved in child neglect or child abuse cases can be helped to be adequate functioning parents. Fourth, services of the Superintendent under the Family and Child Services Act are to be delivered through the development of effective working relationships with clients. The Superintendent and employees are to act in the same way that a judicious, reasonable and caring parent would in fulfilling their obligations. Finally, children who become permanent wards are to be placed in the most stable and caring homes available.

reports are generally prepared in , two to three weeks by the Cr ciliation Office. The Concilial..__,n Office staff also provide conciliation counselling when the court or counsel refer clients. If the court requests that parties attend for conciliation or mediation and prepare a report, then the counsellors will prepare a report advising the court of issues resolved but will not disclose information obtained unless both parties waive confidentiality. Where disputed issues are unresolved, the report may recommend to the court that an investigative report be prepared, that a psychological assessment would be appropriate or that the matter be set for hearing. Such a report can be given orally or in writing.

Services available for family dispute resolution through the conciliation counselling office

Assisting in organizing the conference are UBC Law School, the Public Interest Advocacy Centre and Westcoast Environmental Law Assoication.

Elizabeth Briemberg, Family Court Counsellor, informed Vancouver Family Law Section members of the full range of services available through the Conciliation Counselling Services Office in The Law Courts. Under s. 15 of the Family Relations Act, a full investigative or short investigative custody and/or access report can be ordered by a court. The full report is usually prepared by the Family Services Office nearest the child and takes at least eight weeks. Court orders for short reports should specify the limits of the required investigation, for example, a particular access arrangement, the possibilities for supervision of access, etc. These

Lawyers for social responsibility The National Conference of tl- Lawyers for Social Responsi1 ity will be held at the UBC Law School August 18 & 19, 1989.

Space in BarTalk is too limited to outline all details of the Conference agenda but included will be panel discussions on legal issues involving uranium, NATO low level flights, intimidation law suits and nuclear armed warship port visits. For further information on this conference telphone Bruce Torrie, (604) 683-8111.

BarTalk is published by the British Columbia Branch of the Canadian Bar Association. 504-1148 Hornby Street Vancouver, B.C., V6Z 2C3 (604) 687-3404 Fax: 669-9601