The
Canadian Bar Association British Columbia
Canadian Bar Association, B.C. Branch If it did not exist, it would have to be created
Inside President's Column
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Executive Director's Column
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Best Practices and
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Pro Bono
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Section Talk
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Practice Talk
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Legislative Update
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Q&A: The New Police Complaint Commissioner
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Community Service Awards 2003 20 Executive Committee 23 2003/2004 Family Law Pilot Projects
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CBABC Web site
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Nothing Official
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Golf Tournament
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Battle of the Bar Bands
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CLE
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Law Foundation of B.C.
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Classified Ads
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Member Services
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BarTa/k Publication Sales Agreement #40741008
n the May-June edition of the Benchers' Bulletin, Law Society President Howard Berge, QC, describes " ... the precipitous decline of the common law and of the independence of the legal profession." President Berge then references the developing situation in Australia, observing that in New South Wales the government has recently given the 18,000 member Law Society until July, 2004 to separate its regulatory and member services functions . President Berge notes that in Queensland, the State Government has moved to transfer the Law Society's investigatory and prosecutorial role in lawyer discipline to a newly created Legal Services Commission. As President Berge puts it, "All of this speaks to the need for Law Societies to behave in a manner beyond reproach and to defend the principle of self-regulation with conviction and integrity. Without question, our work as a Law Society must be shown as serving the public interest our primary statutory mandate- and not our own interest as lawyers. This is fundamental to preserving public confidence in professional self-regulation." In British Columbia, the members of the Law Society acted long ago to recognize and deal effectively with the dilemma. On January 1, 1948 all members of the Law Society of British Columbia were enrolled as members of the Canadian Bar Association. Alfred Watts, QC, records the further evolution of this relationship in his book "History of the Legal Profession in British Columbia 1869-1984", at page 23: " ... C.C. Locke, QC, a Bencher, later President of the CBABC, later Treasurer and now Mr. Justice Locke presented a very comprehensive letter on
the future of the Society to the then Treasurer, C.D. McQuarrie, QC, dated November 23, 1967, suggesting a delineation of responsibility between the Law Society and the local section of the Canadian Bar Association - a sentiment which was similarly expressed by the retiring President of the Vancouver Bar Association, J.D. Taggart, QC, now Mr. Justice Taggart. The suggestions of Locke and Taggart were canvassed at special meetings of the Benchers and it was decided that certain non-statutory duties should be passed to some other body, and while possible new organizations were considered the B.C. Branch became the recipient commencing with the responsibility for law reform and continuing legal education in 1968." Mr. Watts concluded that as a result the Law Society enhanced its overall capability and, in promoting the effectiveness of the B.C. Branch, produced a better-rounded profession on both a provincial and national basis. The primary mandate for the Canadian Bar Association was and continues to be "lawyers for lawyers." What is clear from the developing international debate is that there is a move toward the division of functions now being mandated to the Law Society of New South Wales. We can be proud that B.C. lawyers recognized so long ago the importance of a division of responsibilities between the Law Society of B.C. and the Canadian Bar Association, allowing both organizations to effectively fulfil their respective mandates. •
www.bccba.org
President's Column
A Busy, Successful Term Looking back on my year as CBABC President
David A. Paul President 2002/2003 B.C. Branch, Canadian Bar Association
eflecting back on my year as President, I have come to appreciate two things: the value of a unified and strong voice for our profession; and the hard work of our volunteers and staff. I have witnessed first hand the dedication of our many volunteers. I know that it is because of their collective commitment, energy, and talent, that the CBA has continued as a respected voice on both the provincial and national stages. Thanks to our volunteers, our successes during the past year have been many. They include: Improved Relationships with Partners in the Justice System: Over the past year the Canadian Bar Association has developed stronger working relationships with a number of its partners in the justice system including the Law Society of B.C., the Trial Lawyers Association of B.C., the Vancouver Bar Association, the B.C. Law Institute, the law schools, the B.C. Courthouse Library Society, the Continuing Legal Education Society of B.C., the Lawyer's Assistance Program, the Judiciary and the Ministry of Attorney General. Member Dispute Resolution Pilot Project: This project is now underway in Vancouver. Its goal is to assist our members with collegiality issues in circumstances where conflict arises between lawyers but where it is inappropriate to involve the Law Society. If successful, the program will be made available province-wide. Defending the Judiciary: The CBABC has spoken out strongly in support of judicial independence and its importance to a free and democratic society governed by the Rule of Law. Our efforts have been positively acknowledged by numerous members of the public, the profession, and the judiciary. Probononet.ca: Pro Bono Law of B.C. (a joint project of the CBABC and the Law Society) was formed in April 2002 to promote, coordinate and facilitate the delivery of pro bono legal services in B.C. It is a not-for-profit society,
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funded by the Law Foundation of B.C., that helps community groups throughout the province link up (through a Web site) with lawyers who want to volunteer their time and expertise. Conveyancing Protocol: The CBABC and the Law Society have worked together to reform conveyancing practice in B.C. As a result, new recommended standard undertakings have been put in place for lawyers to adopt in their conveyancing practice. Women Lawyers Forum: The B.C. Women Lawyers Forum was created to support and recognize women lawyers in their practice in B.C. and also to explore the formation of a national Women's Forum. Electronic Directory: This year, for the first time, the CBABC introduced the CBABC Lawyer's Directory in CD-ROM format. The CDROM allowed Directory purchasers to search for a lawyer by name, location, preferred area of practice, and language. Preliminary consultations with the national office have resulted in a project to produce the Directory in Webbased format in the coming year. President's Forum: This year's Forum, Strategies for Developing a Successful and Profitable Practice, came about as a result of the CBABC's
commitment to help its members with the business side of practising law. The presenters were chosen for their experience working with the legal profession, and included managing partners, members of small and large firms, and leaders of firms which offer services to the legal profession. Darcy Rezac, Managing Director of the Vancouver Board of Trade, was the keynote speaker and spoke on networking. Thank you to all the volunteers who helped make the past year a success . Much thanks also to my hardworking Executive and to all of the CBABC staff whom I have had the pleasure of serving and working with over the past year. • BarTalk Vol. 15/No. 4
Executive Director's Column
Are You Involved? CBA offers new opportunities for participation e at the CBABC have heard from our members about their desire for more opportunities to be involved in the activities at CBABC. We are taking a number of initiatives to that end.
regulation, elder abuse and exploitation, medical and housing issues and ethical and practical aspects of advising the older client will be discussed. With a progressively aging population, the creation of this Section appears timely indeed.
First, this coming year, we will offer emolment in five Sections at no cost to law students and articled students. We firmly believe that there is real value in offering opportunities to young lawyers to become involved in Sections, not only from an educational point of view, but also for the opportunities for networking and possibly mentorship.
Finally, I can also report to you that at its June meeting, CBABC Provincial Council created the Women Lawyers Forum. This is a Provincial Conference created under our bylaws with a broad mandate to promote and support the enhancement of the stature and influence of women in the legal profession. The Constitution adopted for the Forum sets out a number of objects, including:
Secondly, intermediate members, that is, those lawyers who are called less than five years, will receive one free Section when they have emolled in and paid for one Section. If they enrol in three or more Sections, they will be entitled to a total of two free emolments. All other CBA members will continue to receive one free Section emolment when they emol in four or more Sections. We are also looking at other opportunities that will make Sections more accessible to members outside the Lower Mainland. I hope to be able to introduce some of those plans in the coming months.
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To develop business and professional confidence for women in the practice oflaw, including private practice, public service and in-house counsel and in community leadership;
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To promote a forum for networking, education, mentoring and resource/ educational support for women in the legal profession;
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To liaise and share resources with other legal jurisdictions, women in the judiciary, other professions and organizations; and
Frank Kraemer
Executive Director B.C. Branch, Canadian Bar Association
Once is never enough! If you have changed firms , changed addresses, have a
There are two other exciting developments that I would like to report to you. On June 21, 2003 at the Provincial Council Meeting, Council approved the creation of an Elder Law Section for B.C. You may already know that there is a corresponding national Elder Law Section. Members emolled in the CBABC Elder Law Section will automatically become a member of the national Section. The purpose of this Section is to improve the law affecting seniors and to educate the public, the bar, the Judiciary and members of the Association on important Elder Law issues. It is expected that at the regular monthly meetings, topics such as age discrimination, care facility August 2003
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To pursue the formation of a national CBA Women Lawyers Forum.
new e-mail address or phone/fax number, you need to let us know. Letting the
The full text of the Constitution of the Women Lawyers Forum can be found on our Web site (www.bccba.org) in the Newsroom.
Law Society in on the secret is not enough! Contact us at
Members wishing to become members of the Forum may do so by completing that portion of the Section enrolment form which has been mailed to each of you. We see these initiatives as part of our ongoing commitment to respond to the needs of our members. We expect there will be even more in thefuture. •
data@bccba.org, phone 604687-3404 or fax 604-669960 I. (Toil free options: phone 1-888-687-3404 or fax 1-877-669-960 I).
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Guest Column
Best Practices and Pro Bono
Kelly Doyle
Kelly Doyle is a partner with Lawson Lundell, a director of Pro Bono Law of B.C. and a volunteer lawyer with the Salvation Army Pro Bono Lawyer Consultant Program.
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any members of the legal profession have given generously of their time to disadvantaged people with no expectation of compensation or reward. Such endeavours for the public good are rooted in the finest traditions of our profession. Those who have training and experience in the mysteries of the justice system make it understandable and accessible to those who would otherwise be denied access to justice. Justice becomes a meaningful reality rather than an unfulfilled desire.
itating and coordinating opportunities for B.C. lawyers to provide pro bono legal services to people of limited means and by supporting programs delivering pro bono services. Pro Bono Law of B.C. has in tum developed a document entitled "Best Practices Protocols for Pro Bono Delivery Programs in British Columbia." "Best Practices" can be accessed online at www.probononet.bc.ca or by contacting Pat Pitsula, Executive Director of Pro Bono Law of B.C., at ppitsula@probononet.bc.ca.
The purpose of the document is to provide a set of best practices for pro bono delivery proThe provision of pro bono services is not intend- grams and for lawyers volunteering their served to evoke images of tired lawyers wearily dol- ices through a pro bono delivery program. The ing out advice at the end of best practices include pro a busy day. Rather, it is bono program principles, "Pro bono is the legal conmore in the tradition of Anservice delivery principles science in motion." - June gelo Branca, a former Chief and client relations princiJustice of B.C., who as a ples. Issues relating to proCallwood, at a recent Law busy practitioner is reputed gram staff, program volunSociety of Upper Canada symto have seen a procession of teers and relationships posium. needy and indigent clients with other organizations on Saturday mornings and are also reviewed. applied his penetrating intellect and substantial abilities to their benefit. Indeed, author June "Best Practices" are intended to be informative Callwood at a recent Law Society of Upper and instructive and to build on the good work Canada symposium on "Access to Justice for a of existing delivery programs. They unlock the New Century: The Way Forward" called pro mysteries of pro bono delivery programs to bono the legal conscience in motion. It is an en- members of the legal profession unfamiliar lightened idealism: lawyers demonstrating em- with such programs just as the goodwill and pathy for the poor and disenfranchised and efforts of lawyers unlock the mysteries of the justice system to the disadvantaged. "Best taking notice of another's misery. Practices" are intended to be endorsed by pro Many lawyers desire to give of their time but bono delivery programs in connection with the prefer to set some boundaries. Unlike Angelo enhanced insurance coverage available under Branca, they find it desirable to leave adminis- the Law Society of B.C.'s policy for pro bono letration to another and to provide pro bono serv- gal services. It is anticipated that lawyers proices through a pro bono delivery program such viding advice through pro bono delivery proas the Salvation Army, Western Canada Socie- grams will also be familiar with "Best ty to Access Justice, Multiple Sclerosis Society Practices." In recognition that the demand for of Canada or South Surrey /White Rock Wom- pro bono legal services will regrettably always en's Place. exceed the supply of lawyer volunteers, "Best Practices" encourage the development of acThe Law Society of B.C. and the CBABC formed tive, cooperative and collaborative relationa society, Pro Bono Law of B.C., in 2002 with ships with members of the bar and other delivfunding from the Law Foundation of B.C. The ery programs. This too is for the public good . intent was to promote access to justice by facil-
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BarTal k Vol. 15/No. 4
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The CBABC sponsors 73 Sections which play a vital role in keeping members informed both on changes in the law, and legal and political issues affecting a given area of practice. They are the main resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession. What follows is a sample of the recent activities of some Sections.
The basic underpinnings to the reform initiative were reflected in the Committee's instructions that amendments introduced by the Bill must: 1.
Not infringe existing Aboriginal or treaty rights;
2.
Notalter the fiduciary relationship between the Crown and Aboriginals;
3.
Be consistent with the Canadian Charter of Rights and Freedoms, including section 25;
ABORIGINAL LAW-VANCOUVER
Shelley Bentley
Shelley Bentley is in private practice at G. Davies & Company.
The new First Nations Governance Act, Bill C-7, was introduced in the House of Commons in June, 2002, died on the Order Table and was reintroduced in the Fall of 2002. Cabinet agreed to send the Bill to a Parliamentary Committee after the First Reading at which time a formal consultation process began that focused on: legal standing and authorities; leadership selection and voting rights; and accountability. James Aldridge, QC, Co-Chair of a Joint Ministerial Advisory Committee providing technical advice to the Minister of Indian Affairs and Northern Development in respect of Aboriginal governance, addressed Section members on the new Bill and treaty negotiation processes. He said there are a number of different processes underway in Canada in which Aboriginals are negotiating agreements over various aspects of self-government. These processes vary according to their focus, e.g., an inherent right policy, a comprehensive land claims policy, the First Nations Land Management Act, or a hybrid such as that developed in B.C. Mr. Aldridge commented that implicit in these processes is the idea that a range of solutions to the difficult issues raised by self-government is inevitable in a country such as Canada. These processes recognize that lasting solutions can only be found when each Aboriginal band is directly involved in designing and affirming the details of its own self-government regime, and its ongoing relationship with the Government of Canada.
4. Maximize the ability of bands to determine their own governance regimes with basic rules of political and financial accountability to apply to all bands; and 5.
Not impose requirements on bands that would be impossible for small bands with few resources or capacity.
CRIMINAL JUSTICE-VANCOUVER B.C. lawyers involved in human rights legal work overseas described their experiences at a recent meeting. Vancouver criminal lawyer, Howard Rubin, spoke about his work as an observer at foreign trials and described opportunities for others to assist in this important area, as an accredited observer with Amnesty International or as a lawyer with "Lawyer's Rights Watch." He described a trial he attended in Singapore and noted how the attendance of foreign lawyers reporting their observations often has a chilling effect on some of the more outrageous aspects of these proceedings. For example, Karpal Singh, a lawyer, was charged with sedition in Malaysia arising from his defence of former Deputy Prime Minister of Malaysia, Anwar Ibrahim. Mr. Rubin explained that Mr. Singh had the "temerity" to complain about his client being poisoned while in custody. Local authorities viewed this as an attack on the State and Continued over
August 2003
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Section Talk
Section Talk Continued from page 5
Section Enrolment
2003/2004 New Sections! At the June 2 1, 2003 Provincial Council meeting, the Elder Law Section was approved. This brings the number of CBABC Sections to 73. The Women Lawyers Forum is another addition to Section enrolment this year. Read Frank Kraemer's article on page 3 to learn more about these new additions .
Section enrolment packages, including a 2004 Directory order form, have been mailed to every CBABC member. Keep up to date on practice trends and new developments in the law. Last year 365 Section meetings were held throughout B.C. enab ling members to network with colleagues and to discuss issues affect-
charged him. A number of Vancouver lawyers were slated to attend the trial. It was adjourned. Other Vancouver lawyers were scheduled to attend the rescheduled trial. The trial was adjourned again. The government later dropped the charges. Dirk Ryneveld, QC, discussed his experiences at the International Criminal Tribunal for the former Yugoslavia at The Hague. Prior to his appointment in 1999 he was a senior Crown prosecutor in Victoria. The Tribunal was established to investigate and prosecute war crimes committed in Bosnia, Croatia and Kosovo. Mr. Ryneveld was the senior attorney for the Kosovo component of the trial of Slobodan Milosevic, former President of Yugoslavia and the Serbian Republic. See page 19 for a Q & A with Dirk Ryneveld, QC. Vancouver Crown Prosecutor, Nicola Mahaffy worked from July 2001 until May 2002 in Kosovo under the UN mandate established by Security Council Resolution 1244 - to provide humanitarian assistance, civil administration, democratization and reconstruction to Kosovo. The UN ran the country and justice system with near dictatorial powers until a local assembly was elected in November 2001. Until then Ms. Mahaffy worked in the department of Public Services assisting in the reconstruction of birth and death registries after the mass destruction of records following the Serbian occupation and the subsequent war with NATO. After the assembly elections she joined a team
of lawyers and police officers in the International prosecuting office.
PENSION & BENEFITS AND CORPORATE COUNSEL (Joint meeting) Debra Sing, QC, a partner with Borden Ladner Gervais, and Scott Murtha, manager of the tax department at PricewaterhouseCoopers, Vancouver, spoke to Section members about recent changes in compensation and employee benefits. Their presentation topics included: executive compensation; removing post retirement benefit liability from the balance sheet; retirement compensation for executives over and above the Income Tax Act maximums; pension plan governance issues; pensions issues in a transactional context; and privacy rights in the pension and benefits context. Changes in executive compensation have stemmed from poor investment returns and the new breed of institutional investor that is becoming active in protecting the rights of the shareholder. One of the main targets of shareholder activism is executive compensation. This has led to a shift away from stock options toward other forms of remuneration. The shift is a result of investors becoming the victims of misleading financial statements where those with inside knowledge "cash out" before the real financial picture becomes public. Alternatives to stock options include forms of "direct share ownership" such as stock grants, share appreciation rights plans, phantom stock plans and deferred stock units, all of which align the financial interests of the directors with share• holders more closely than stock options.
ing specific areas of practice. Please contact the CBABC if you have not received an
Branch and Bar Calendar August - October 2003
enrolment form for 2003/ 2004.
Register today!
Restorative Justice Summer Training Institute (New Westminster) National Council Meeting (Montreal, P.Q.) CBA Annual Meeting (Montreal, P.Q.) CCCA 15th Annual Meeting, 'The Evolving Role of Corporate Counsel: Enhancing Your Business Skills" (Montreal, P.Q.) New Westminster Bar Association's Annual Bench & Bar Meeting (Westminster Club, 713 Columbia St., September 9 New Westminster, 5:30 p.m. Cocktails, 6:30 p.m. Dinner. RSVP: Kenneth Armstrong at 604-523-7096) September 19 Law Society of B.C. Annual General Meeting September 20 Provincial Council Meeting (Delta Airport Hotel, 9:00 a.m.) UBC Mentor Reception (Cecil Green Park House, 6251 Cecil Geen Park Road) October 2 New Westminster Bar Association Meeting (Westminster Club, 713 Columbia St., New Westminster, October 14 5:30 p.m. Cocktails, 6:30 p.m. Dinner. RSVP: Kenneth Armstrong at 604-523-7096)
August August August August
11-22 16-1 7 17-19 17-19
To announce an upcoming event or meeting in the Branch and Bar Calendar, please contact Sandra Webb at 604-687-3404, or toll free 1-888-687-3404 (e-mail cba@bccba.org).
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BarTalk Vol. 15/No. 4
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A Brief on Legal Software Packages Finding the one you can't be without!
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Can't wait to live my life with you, can't wait to start You and I will never be apart My dreams came true because of you...
LawStream (formerly Integra Office System) and Pro Law are two systems making inroads.
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Words and Music by Shania Twain and Mutt Lange, recorded by Shania Twain
David j. Bilinsky is the Practice Management Advisor at the Law Society of British Columbia. He can be reached on the Internet at dbilinsky@lsbc.org.
The views expressed herein are strictly those of the author and may not be
trange thing about software packages - they generate a whole range of emotions with lawyers - everything from: "Get this out of my sight now!" to: "I wouldn't know how to run my practice without it." Fortunately, legal software has settled in to the point where lawyers openly discuss their favourite applications, their new applications, and a handful of utilities that they would not be without. This is not to say that any one package is for everyone -but trends are becoming clearer. Accordingly, in a very unscientific manner, here are my impressions after talking to many lawyers over the last four-plus years regarding their favourite legal software applications:
shared by the Law Society of British Columbia.
Word Processing: MS Word is the most installed word processing system in larger firms and corporate departments. WordPerfect is generally used in smaller firms . Alternatives to these two powerhouses are the Star Office System (Linux and Unix based) and Mac/OS X based systems. Spreadsheets: MS Excel and Corel's Quattro Pro are the two major applications. E-mail: MS Outlook is the favourite, followed by Group Wise. Practice Management Software: Amicus Attorney is the favourite, followed by ESI-LA W and PCLA W (accounting systems with practice management components) and Legal Files.
Accounting Systems: Here it depends on the size of firm. Larger firms are using CMS and Elite. Smaller firms are using PCLaw and ESILA W. Up and coming accounting systems are LawStream (formerly Integra Office System) and Legal Vision. Quickbooks has a following in the solo area (but note that it currently lacks a trust accounting component). Time & Billing Software: The big three are ESI-LAW, PCLaw and Timeslips . Practice Management software is increasingly being integrated with accounting packages to give a user-friendlier interface to accomplish billable time tracking (e.g ., Amicus Attorney and PCLaw or ESI-LAW). Most accounting packages are starting to integrate time and billing into their systems (for example, Quickbooks Pro, Legal Vision, etc.) Litigation Preparation and Evidence analysis: Summation, Livenote, Searchlight and MS Access are the favourites . Litigation Strategy: CaseMap, NoteMap and TimeMap are the new litigation strategy applications . Others are using Summation and Searchlight for these purposes. Voice Recognition: Dragon's Naturally Speaking and IBM's Via Voice are the two front-runners. Document Assembly: Here it depends on which practice area you are in. For generalpurpose document assembly running across all practice areas, lawyers are using custom applications, Hot Docs or merge/macro features in
Continued over August 2003
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Practice Talk
Practice Talk Continued from poge 7
Word or WordPerfect. Amicus Assembly (GhostFill) is the up and coming document assembly package.
Mock Trial To Highlight Benefits of Technology The Pacific Legal Technolo'i:'/ Conference's Electronic
Trial Track will feature a U.S. criminal lawyer facing off against Mr. Richard Fowler on the opposite side of a criminal trial before Mr. Justice Glen Parrett and a jury of law students. This mock trial will high light how technolo'g;f can be used during a trial opening, during direct and cross-exami-
Document Management: Applications in common use are: Group Wise, Hummingbird's DOCS OPEN, iManage for larger firms and Worldox for smaller firms. Specific Practice Area Software: When it comes to specific practice areas, CarsWARE's different packages (Real Estate, Corporate, Liens) are still widely used, notwithstanding that they have not been sold for several years and are no longer supported by Carswell. For family law files, DIVORCEmate and SupportMate appear to be the favourites along with Childview. For real estate, ConveyMaster and custom-built systems are the favourites. For corporate records, ALF is the overall favourite (www.alfcentral.com/) along with custom applications.
nation, and during a jury summation. Following the verdict, the judge, the jury, and the lawyers will provide
Anti-Virus: Norton Anti-Virus and McAfee are the leaders - closely followed by the increasingly popular Trend Micro solutions.
feedback on the effectiveness of the technolo'g;f in the trial process.
Anti-Spyware: Ad-Aware (www.lavasoftusa.com), and Spybot S&D (http:/ /security . kolla.de/ index.php?lang=en&page=start) are the up and comers. Best upcoming application: Adobe Acrobat is the most promising new technology of late (www.adobe.com). Adobe's strengths are its ability to distribute documents regardless of the recipient's platform, printer, or system- it has become the de facto standard for transmission of electronic documents. Many pioneering e-filing systems have adopted Adobe as their required filing format. The ability to build in hypertext links to authorities, statutes, evidence and the like also have made Adobe the choice for ebriefs. How do you find out more? The best way to see how lawyers are actually achieving practical results by the application of technology to their practice is to come to the Pacific Legal
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Technology Conference. There are many components to the conference; first and foremost are the educational sessions divided among six tracks. These educational sessions feature 18 hours of practical educational courses, on how lawyers, legal administrators, legal assistants, researchers and legal IT staff are using legal technology. These educational sessions have been designed to meet the major technology issues of lawyers throughout B.C. that were identified in a survey done by the Law Society of B.C. earlier this year. Sessions include: Software that Actually Helps you Make Money, Small Firm Makeover- Cost-Effective Solutions and Security Issues: Hackers, Crackers, Viruses, Malware and More. Exhibitors will present their services in the Exhibit Hall. Furthermore, certain exhibitors such as Searchlight, CaseSoft (CaseMap, TimeMap, NoteMap ), Summation, FOR Forensic Data Recovery Services, Speakeasy Solutions (Dragon Dictate), CTEC Security Solutions and others will be providing presentations on their software and services during the Software Track. If you are interested in a particular application, you can book a private time with an exhibitor in a separate room set aside for exhibitor private sessions. Keynote presentations will be held at the opening of the conference and during the sit-down lunch. The opening Keynote will be by Darcy Hammett, Director of Operations and Systems, Land Title Branch onE-Filing in the Land Registry in B.C. There will be world-class presenters including: Jeff Flax, National Technology and Litigation Support Administrator, Office of the U.S. Federal Public Defender, Denver, CO; Simon Chester, McMillan Binch, KNOWlaw Group, Toronto; Mary Williamson, Preston Gates & Ellis LLP, Seattle; and the Honourable Chief Justice Donald I. Brenner. Find out more at www.pacificlegaltech.com. The Pacific Legal Technology Conference will be held Friday, November 7, 2003 at the Vancouver Trade and Convention Centre. Sponsors of the Conference are the Law Society of B.C., the Trial Lawyers Association of B.C., the Canadian Bar Association, B.C. Branch and the American Bar Association - Law Practice Management Section. I hope to see you there • finding the application of your dreams. BarTalk Vol. I 5/No. 4
Additional detail on the Legislative Update can be found in the online issue of the August BarTalk, posted at www. bccba.org.
Community Services Labour Relations Act, s.B.c. 2003, c. 27 (Bill61)
ACTS IN FORCE
To Note
In Force: ActinforceJune20,2003, seeNewBills
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Attorney General Statutes Amendment Act, 2002, s.B.C. 2002, c. 37
Forest (Revitalization) Amendment Act (No. 2), 2003, S.B.C. 2003, c. 31 (Bill45)
(Bill 46)
Stuart Rennie
Stuart Rennie is the CBABC Legislation & Law Reform Officer. He can be reached at 604-949-1490 (e-mail srennie@bccba.org).
Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon . Lawyers should refer to the specific legislative or
Summary: Section 3 amends the Offence Act to amend the definition of "ticketed amount. " Section 4 makes a consequential amendment to the Offence Act. Section 5 establishes rules of evidence for violation ticket hearings. Section 6 permits a person who has missed the time to dispute a violation ticket to apply to a justice. Section 7 is a consequential amendment. Sections 8, 9 and 11 are consequential amendments. Section 10 validates the current practice of having enforcement officers act as prosecutors. Section 12 permits regulations to be made regarding tickets and special rules of evidence for violation ticket hearings. Sections 14, 15 and 18 amend the Provincial Court Act. Section 14 is a consequential amendment. Section 15 specifies what matters are within the exclusive jurisdiction of a judge under the Act. Section 18 amends section 31 of the Provincial Court Act regarding procedures that a justice must follow if a matter outside the justice's jurisdiction arises in a hearing.
regulatory provision. You will see a reference in some cases to the number of the
In Force: Section 3 in force January 1, 2004. Sections4to 12, 14,15 and 18inforceJuly 1,2003
Bill when it was introduced
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in the House. This number may be different from the chapter number of the new
College of Applied Biology Act, s .B.C.
Act which is quoted after
2002, c. 68 (Bill 76)
for the Act. The Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library.
regarding replaceable forest licences. Sections 7, 23 and 24 amend the Forest Act regarding the application of the amendments in Bill 45 to replaceable forest or tree farm licences. In Force: Sections 6, 7, 23 and 24 are in force June 20, 2003
• Forests Statutes Amendment Act, 2003, S.B.C. 2003, c. 32 (Bill27) Summary: Section 1 amends the College of Applied Biology Act to add the College of Applied
Biology to the list of governing bodies of professions or occupations to which the
Freedom of Information and Protection of Privacy Act applies. Sections 2,3 to 10, 12, 14to 17, 19 to 22, 26 to 33, 34 and 35 amend the Forest Act. Section36amends the Forests Statutes Amendment Act, 2002 to repeal an obsolete not-in-force provision. Section 37 amends the Ministry of Forests Act. Section39 is a transitional provision respecting the Forest Act. Section 25 amends the Forest Act to provide that specified Crown timber is to be used in B.C. In Force: Section 1 (College of Applied Biology
the title of the Act and which is the proper citation
Summary: Section 6 amends the Forest Act
Summary: Bill76 creates the College of Applied
Biology to regulate the profession of applied biology. In Force: Act in force June 20, 2003
Act) inforceJune20, 2003. Sections2, 3 to 10, 12, 14 to 17, 19 to 22, 26 to 33, 34, 35(Forest Act), section36 (Forests Statutes Amendment Act, 2002), section 37 (Ministry afForests Act) and section39 (transitional provision) in force June 20, 2003. Section25 (Forest Act) in force November 1, 2003
• Continued over
August 2003
9
Legislative Update Summary: Amon g other things, Bill 66 rep eals
Legislative Update
the Barbers Act an d the Cosmetologists Act.
Continued from page 9
In Force: Barbers Act and the Cosmetologis ts Act
repealed December 31, 2003
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Foresters Act, s.B.C. 2003, c. 19 (BillS) Summary: Sections 1 to 34 of Bill 5 repeal the
Foresters Act and replace it w ith a statute which
LAP
Lawyers Assistance Program
will re gulate practice and standards for professional foresters and registered forest technologists. Sections 35 and 36 are consequential amendments and come into force by future regulation.
LAP provides confidential
In Force: Sections 1 to 34 are in force June 20,
support, counselling and
2003
referrals for lawyers, their
and students suffering from alcohol and/or chemical dependency, stress, depres-
Summary: Section 1 repeals the Agricultural
Credit Act. Section 66 repeals the Veterinary Laboratory Act. Section 68 is a transitional provision regarding the repeal of the Agricultural Credit Act. Sections 10 to 16 amend the Emergency Program Act. Section 69 is a transitional provision respecting the Emergency Program Act. In Force: Sections 1, 66 and 68 in force June 1,
•
families , support staff, judges
Miscellaneous Statutes Amendment Act, 2003, s.B.C. 2003, c. 7 (Billll)
Hospital District Amendment Act, 2003, S.B.C. 2003, c. 20 (Bill25)
2003. Sections 10 to 16 and 69 are in force June 20, 2003
•
sion or just about any type of personal problem.
Summary: Bill33 amends the Hospital District
Act including to: permit the boards of regional For assistance or information on meetings and resources please call
hospital districts to select directors or alternative directors; and to repeal specified provisions requiring the Minister to give approval.
604-685-2171 or toll free 1-888-685-2171 .
In Force: Act in force May 29, 2003
•
The LAP office address is 41 5-1 080 Mainland Street, Vancouver, B.C. V6B 2T4. Visit LAP on the Internet at www.lapbc.com
Miscellaneous Statutes Amendment Act (No. 2), 2002, S.B.C. 2002, c. 48 (Bill 54) Summary: Sections 40, 41 and 42 amend the
Safety Authority Act, s.B.C. 2003, c. 38 (Bill 20) Summary: Bill20 creates the British Columbia Safety Authority to administer safety standards for B.C. In Force: Act in force June 20, 2003
• Traffic Safety Statutes Amendment Act, 1997, S.B.C. 1997, c. 43 (Bill41)
Liquor Distribution Act. Section 40 adds new
Summary: Section 48 amends the Court Rules
definitions. Section 41 expands the inspection powers and requirements to produce records. Section 42 coordinates provincial legislation with the federal government's proposed legislation respecting the licensing of taxdeferred warehouses and thepaymentoffederal excise taxes on liquor.
Act to permit rules-in relation to the Provincial
In Force: Sections40, 41 and42inforceApril24,
Court and the Supreme Court-to be made for mediation to be includedaspartofaproceeding and to govern theconductof,andall procedures relating to, the mediation. In Force: Section 48 in force April28, 2003, see
Regulations to Note
•
2003
• Miscellaneous Statutes Amendment Act (No. 2), 2003, S.B.C. 2003, c. 37 (Bill66)
Transportation Statutes Amendment Act, 2003, S.B.C. 2003, c. 45 (Bill64) Summary: Section 1 amends the Company Act to BarTalk Vol. 15/No. 4
10
(
Legislative Update
eliminate the authority to make regulations respecting the registration of mortgage deeds, as a result of the Railway Act provision being repealed by Bill64. Section2 amends the Highway Act to specify that snowmobile trails are not public highways. Sections 6 to 31 amend the Railway Act to remove obsolete and unnecessary provisions.
Amended: 17 statutes are amended Transitional Provisions: Specified statutes Summary: Bill 35 amends 17 statutes including amendments respecting the future repeal of the Open Learning Agency Act. In Force: By regulation
In Force: Sections 1, 2 and 6 to 31 in force June
•
20, 2003 REGULATIONS TO NOTE
Agriculture, Food And Fisheries Statutes Amendment Act, 2003 (Bill
Court Rules Act, amends Supreme Court Rules
48)
(B.C. Reg. 221/90),includingtoaddnew rules: Rule 37A (Offers of Settlement) and Rule 67 (Fax Filing Pilot Project Rule) (B.C. Reg. 198/2003 effective July 1, 2003). Also amended are the Small Claims Rules (B.C. Reg. 261 /93), to add a newRule7.2requiringmediationincasesexcept those involving specified disputed claims (B.C. Reg. 172/2003 effective April28, 2003) .
Practice Direction: Fax Filing Pilot Project On July I, 2003, the new Fax Filing Rule (Rule 67)
Amended: Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131; and Local Government Act, R.S.B.C. 1996, c. 323 Summary: Bill 48 amends the Farm Practices Protection (Right to Farm) Act and the Local Government Act respecting Crown land and farming
came into effect. It governs how documents may be delivered to the registry by fax for the purposes of filing.
The designated fax numbers for the registries to
areas.
which Rule 67 applies, are
In Force: On Royal Assent
the Lawyer Lounge, see
posted at www.bccba.org in
NEW BILLS TO NOTE
"Supreme Court of British
Information is current at the time of preparing this column: July 7, 2003. Lawyers should refer to the original version of the specific Bill for its current status at First, Second or Third Reading or Royal Assent.
Administrative Tribunals Appointment and Administration Act (Bill 68) Amended: Consequential amendments are made to 29 statutes Transitional Provisions: Specified statutes Statutes Repealed: None Summary: As part of the government's Administrative Justice Project, Bill 68 provides that chairs and members of specified administrative tribunals may be appointed, after a merit based process, to hold office for specified terms. In Force: By regulation
• Advanced Education Statutes Amendment Act, 2003 (Bill35) August 2003
Columbia I Notices, Prac-
•
tice Directions and Sched-
Business Corporations Amendment Act, 2003 (Bill60)
ules ."
This practice direction is
Amended: Business Corporations Act, S.B.C.
effective from July I, 2003
2002, c. 57. Consequential amendments are made to 97 statutes
to July I, 2004.
Transitional Provisions: None Statutes Repealed: Supplement to the Company Act, R.S.B.C. 1996, c. 62; Company Clauses Act, R.S.B.C. 1996, c. 63; and Supplement to the Company Clauses Act, R.S.B.C. 1996, c. 63 Summary: Bill 60 amends the Business Corporations Act including provisions respecting: dis-
tribution of records; formation of companies; corporate names; transfer of registered office by agents; authorized share structure; permitting a company to declare dividends; permitting a company to acquire its own shares, other than by purchase or redemption, if and to the extent provided for in its articles; barring a company from closing its central securities register; clariContinued over
I I
Legislative Update
Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003 (Bill 67)
Legislative Update Continued from page I I
fying that no instrument of transfer is required when a company acquires shares by redemption; dissent proceedings or compulsory acquisition in accordance with the Act; directors and management; dissent proceedings; company alterations; including alteration to a company's articles; amalgamations; arrangements and court orders; liquidation, dissolution and restoration; voluntary liquidation; liquidators; records of dissolved companies; restoration; post-restoration transition for pre-existing companies; extra-provincial companies; and administration.
Amended: Consequential amendments are
made to 101 statutes Summary: Following the enactment of the
Community Charter, S.B.C. 2003, c. 26 (Bill14), Bill 67 makes transitional provisions, including to bylaws, regulations, land, areas, taxes and exemptions. Bill 67 makes consequential amendments to 101 statutes. In Force: By regulation
• Community Services Labour Relations Act, s.B.C. 2003, c. 27 (Bill61)
In Force: By regulation
•
Amended: Consequential amendments made
Business Number Act (Bill36) Amended: Consequential amendments made
to the Community Services Interim Authorities Act, S.B.C. 2002, c. 58
to 3 statutes
Summary: Bill61 creates the Community Services Labour Relations Act whose purpose is to
Summary: Bill36 provides for the adoption of
regulate labour relations in the community services sector.
a business number as a common business identifier for B.C. businesses.
In Force: By regulation In Force: By regulation
•
• Commercial Appeals Commission Repeal Act (Bill 70)
Environmental Management Act (Bill 57) Amended: Consequential amendments made
Ame-nded: Consequential amendments made
to 26 statutes
to 21 statutes Statutes Repealed: Environment Management Transitional Provisions: Specified statutes Statutes Repealed: Commercial Appeals Com-
mission Act, R.S.B.C. 1996, c. 54 Summary: As a result of the government's
Core Services Review process, Bill 70 repeals the Commercial Appeals Commission Act. In Force: On Royal Assent except for specified
sections which come into force by regulation
Act, R.S.B.C. 1996, c. 118; Supplement to the Environment Management Act; Waste Management Act, R.S.B.C. 1996, c. 482 Summary: Bill 57 repeals the Waste Manage-
ment Act and Environment Management Act and replaces both of them with Bill 57. In Force: By regulation
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• BarTalk VoL 15/No. 4 12
Legislative Update
Financial Administration Amendment Act, 2003 (Bill 59) Amended: Financial Administration Act, R.S.B .C. 1996, c. 138. Consequential amendments made to the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212 Transitional Provisions: Rights of government securities holders not prejudiced before Bill 59 comes into effect
carrying out forest and range practices under the Forest Practices Code of British Columbia Act to doing so under the Forest and Range Practices Ad Summary: Bill 69 amends the Forest and Range Practices Act including to provide for the transition between Bill 69 and the Forest Practices Code of British Columbia Act.
Notice To The Profession
In Force: By regulation ICBC has made a submis-
Summary: Bill 59 amends the Financial Administration Act including specified provisions to
•
expand the authority of the Minister of Finance to borrow money and manage debt.
Forest (Revitalization) Amendment Act (No. 2), 2003, S.B.C. 2003, c. 31 (Bill45)
sion to the Supreme Court Rules Revision Committee requesting the cost of photocopying in the litigation process be given a statutory
In Force: By regulation
Amended: Forest Act, R.S .B.C. 1996, c. 157. Consequential amendments made to 3 statutes
• Flood Hazard Statutes Amendment Act, 2003 (Bill 56) Amended: Dike Maintenance Act, R.S.B.C. 1996, c. 95; Drainage, Ditch and Dike Act, R.S.B .C. 1996, c. 102; Land Title Act, R.S.B.C. 1996, c. 250; and Local Government Act, R.S.B.C. 1996, c. 323. Consequential amendment made to the Ombudsman Act, R.S.B.C. 1996, c. 340 Transitional Provisions: Dike Maintenance Act Summary: Bill 56 makes amendments to 4 statutes including to the: Dike Maintenance Act regarding provisions respecting inspectors and liability; Drainage, Ditch and Dike Act respecting powers of the Minister; Land Title Act; and the Local Government Act respecting provisions regarding flood plains. In Force: On Royal Assent except for section 16 (Land Title Act) which comes into force 180 days after the Act receives Royal Assent
• Forest and Range Practices Amendment Act, 2003 (Bill 69) Amended: Forest and Range Practices Act, S.B.C. 2002, c. 69. Consequential amendments made to 14 statutes Transitional Provisions: from regulating and August 2003
rate and that the rate be fixed at $0. 15 per copy. In
Giuliani v. Saville the B.C.
Transitional Provisions: Forest Act and application to existing agreements
Court of Appeal sanctioned a rate of $0.30 per copy when cop ies are produced
Summary: Bill45 makes amendments to the
at the request of the other
Forest Act including to: make further amend-
party. Registrars typically
ments in order to establish a market-based system for tenure allocation; repeal provisions respecting timber sale licences; add new provisions governing the conversion of the repealed timber sale licences to forest licences; and create a new licence - forestry licence to cut- to replace the repealed timber sale licence provisions.
allow other photocopying at $0.15 per copy. Obviously, photocopying expenses may vary widely depending on the infrastructure established to produce copies.
While on a case-by-case
In Force: By regulation, except specified sections which come into force by Royal Assent.
basis the cost may not be significant, the CBABC would like to afford the
•
opportunity to members to
Forests Statutes Amendment Act, (No. 2), 2003 (Bill44) Amended: Forest Act, R.S.B.C. 1996, c. 157; Forest Practices Code of British Columbia Act, R.S.B.C 1996, c. 159; Forestry Revitalization Act, S.B.C. 2003, c. 17; and Range Act, R.S.B.C. 1996, c. 396 Summary: Bill 44 amends the: Forest Act including offences and penalties; Forest Practices Code of British Columbia Act including the Forest Practices Boar d; and Range Act including offence and penalty provisions.
respond to the submission by ICBC. It should be noted that ICBC's proposal would extend not only to MYA cases, but also to commercial and other forms of litigation where photocopying considerations may be quite different. The Supreme Court Ru les Revision Committee may be contacted at the Law Courts, 800 Smithe Street, Vancouver, B.C., V6Z 2E I.
Continued over 13
Legislative Update
Legislative Update Continued from page 13
In Force: By regulation, except specified sections which come into force on Royal Assent or are retroactive
Directory 2003: Provincial Court Registry Telephone Numbers Provincial Court Registry telephone numbers are avai lable in the Court Serv-
•
Health Professions Amendment Act, 2003 (Bill 62)
Insurance Corporation Amendment Act, 2003, S.B.C. 2003, c. 35 (Bill 58)
Amended: Health Professions Act, R.S.B.C. 1996, c. 183 Consequential amendments made to 15
Amended: Insurance Corporation Act, R.S.B.C. 1996, c. 228. Consequential amendments made to the Insurance (Motor Vehicle) Act, R.S.B.C. 1996,c. 231
statutes Transitional Provisions: Interpretation of bodies, rules, regulations and bylaws under repealed Acts and regulations
Please do not direct registry calls to the Provincial Court judiciary numbers .
Statutes Repealed: Chiropractors Act, R.S.B.C. 1996, c. 48; Dentists Act, R.S.B.C. 1996, c. 94; Medical Practitioners Act, R.S.B .C. 1996, c. 285; Nurses (Registered) Act, R.S.B.C. 1996, c. 335; Supplement to the Nurses (Registered) Act; 0~ tometrists Act, R.S.B.C. 1996, c. 342; and Podzatrists Act, R.S.B.C. 1996, c. 366 Summary: Bill 62 makes amendments to the
Health Professions Act, including to provisions respecting: inquiry powers and directives; board bylaws; access to the register; medical practitioners; specified definitions; the quality assurance program; registrar; inquiry committee; discipline committee; reserved actions providing a service; and confidential information and regulations. In Force: By regulation
• Industry Training Authority Act, s.B.C. 2003, c. 34 (Bill34) Amended: Consequential amendments made to the: College and Institute Act, R.S.B.C. 1996, c. 52; Financial Information Act, R.S.B.C. 1996, c. 140; Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165; Homeowner Protection Act, S.B.C. 1998, c. 31; and Homeowner Protection Amendment Act, 2001, S.B.C. 2001, c.
14
Summary: Bill 58 makes amendments to the Insurance Corporation Act including to have ICBC regulated by the B.C. Utilities Commission. If permitted by regulation, ICBC must make universal compulsory automobile insurance available .
(
In Force: By regulation
• Integrated Pest Management Act (Bill 53) Amended: Consequential amendments made to the: Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131; Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159; and Hydro and Power Authority Act, R.S.B.C. 1996, c. 212 Summary: Bill 52 repeals the Pesticide Control Act, R.S.B.C. 1996, c. 360 and replaces it with Bill 52, which regulates the purchase and sale of pesticides. In Force: By regulation
• Judicial Compensation Act (Bill41) Amended: Consequential amendments made to the Provincial Court Act, R.S.B.C. 1996, c. 379 Summary: Bill 41 transfers the compensation BarTalk Vol. 15/No. 4
14
(
In Force: By regulation
•
ices section of the Directory commencing on page 31.
Summary: Bill 34 repeals and replaces the Industry Training and Apprenticeship Act, S.B.C. 1997, c. 50. Bill 34 creates the Industry Training Authority which is to maintain, develop, monitor and fund training and apprenticeship programs.
Legislative Update
provisions for Provincial Court judges and judicial justices of the peace from the Provincial Court Act to the new Act in Bill41. In Force: On Royal Assent
• Land Amendment Act, 2003 (Bill46) Amended: Land Act, R.S.B.C. 1996, c. 245. Consequential amendments made to the: Forest Act, R.S.B.C. 1996, c. 157; Forest and Range Practices Act, S.B.C 2002, c. 69; Forest Practices Code of British Columbia Act, R.S.B .C. 1996, c. 159; Hydro and Power Authority Act, R.S.B.C. 1996, c. 212; and Mineral Tenure Act, R.S .B.C. 1996, c. 292 Summary: Bill46 adds a provision to the Land Act to permit by order of the Lieutenant Gover-
nor in Council that Crown land be designated for specified purposes. In Force: By regulation
•
(~((II
Manufactured Home Act (Bill 72) Amended: Consequential amendments made to the: Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127; Land Tax Deferment Act, R.S.B.C. 1996, c. 249; Legal Services Society Act, S.B.C. 2002, c. 30; and Personal Property Security Act, R.S.B.C. 1996, c. 359 Summary: Bill 72 repeals and replaces the
Manufactured Home Act, R.S.B.C. 1996, c. 280 and Supplement to that Act. In Force: By regulation
• Miscellaneous Statutes Amendment Act (No. 2), 2003, S.B.C. 2003, c. 37 (Bill 66) Amended: 21 statutes amended Summary: Bill 61 repeals the Barbers Act, R.S.B.C. 1996, c. 24; Cosmetologists Act, R.S.B.C. 1996, c. 178; and the Supplement to the Free-
dom of Information and Protection of Privacy Act. August 2003
Bill 66 amends 21 statutes including the: Correction Act to increase the powers of the Minister to inspect correctional centres; Estate Administration Act regarding the powers of the official administrator; Family Relations Act to add a new section to permit a court to order a paternity test in a proceeding for a maintenance order for the child if a male person denies parentage; Interjurisdictional Support Orders Act to have the Bill 66 paternity test provisions made under the Family Relations Act apply; Offence Act to provide that a violation ticket sent to ICBC is valid whether or not it is accompanied by the instructions that are given to the person who is alleged to have committed the violation; Patients Property Act regarding provisions respecting passing accounts and the power of the Public Guardian and Trustee; and Supreme Court Act to apply Provincial Court judges' salaries, benefits and pension plan to Masters of the Supreme Court. In Force: On Royal Assent except for specified sections which come into force by regulation
Tariff of Costs The Rules Revision Committee wishes to engage in widespread consultation regarding proposed amendments to the Tariff of Costs (Appendix B of the Supreme Court Rules
of
Court) . The Committee invites submiss ions from members of the profession and the public. The paper is available at www.courts.gov.bc.ca. The Committee will consider submissions received up to November 30, 2003 .
• Pension Statutes Amendment Act, 2003 (Bill49) Amended: Election Act, R.S.B.C. 1996, c. 106;
Freedom of Information and Protection of Privacy Act, R.S.B .C. 1996, c. 165; Ombudsman Act, R.S.B.C. 1996, c. 340; Public Sector Pension Plans Act, S.B.C. 1999, c. 44; Public Service Benefit Plan Act, R.S.B.C. 1996, c. 386; and Trade Development Corporation Act, R.S.B .C. 1996, c. 456 Summary: Bill 49 amends 6 statutes. Bill 49 amends the Election Act, Freedom of Information and Protection of Privacy Act, Ombudsman Act and the Trade Development Corporation Act regarding eliminating the rule that contributions to therespective plans must continue until35 years of contributory service for the individual is reached, despite the accrual of 35 years of pensionable service. In Force: On Royal Assent except for specified sections that come into force by regulation or are retroactive
• Continued over IS
Legislative Update
Legislative Update Continued from poge 15
Persona/Information Protection Act (Bill38)
NewQC Nomination Process
In Force: By regulation
Amended: None
and disclosure of an individual's personal information by private sector organizations. In Force: Act in force January 1, 2004
has established a new process for Queen's Counsel
•
appointments in B.C.
"The more structured approach to QC nomina-
Pharmacists, Pharmacy Operations and Drug Scheduling Amendment Act, 2003 (Bill 54)
tions will make the process more open, transparent and understandable by laying out clear requirements and deadlines for submissions," said Attorney General Geoff
Amended: Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363. Consequential amendment made to the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165
Plant. For information on the new process, please visit www.gov.bc.ca/ag or www.bccba.org (front page) .
Summary: Bill 54 amends the Pharmacists, Pharmacy Operations and Drug Scheduling Act including to transfer the responsibility for managing requests to access the PharmaNet database (containing patient record and general drug information) from the College of Pharmacists to a new PharmaNet stewardship committee within the Ministry of Health Services. In Force: By regulation
• Private Career Training Institutions Act (Bill 52) Amended: Degree Authorization Act, S.B.C. 2002, c. 24. Consequential amendments made to the: Financial Information Act, R.S.B.C. 1996, c. 140; Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165; and Public Sector Employers Act, R.S.B.C. 1996, c. 384 Summary: Bill 52 repeals the Private Post-Sec-
ondary Education Act, R.S.B.C. 1996, c. 375 and the Supplement to the Private Post-Secondary Education Act. Bill 52 creates the Private Career 16
•
Summary: Bill 38 regulates the collection, use
The Ministry of Attorney General has advised that it
Training Institutions Agency. Bill 52 also creates a regulatory framework for registering and accrediting private sector institutions to provide career training and suspending or cancelling the registration or accreditation of institutions in specified circumstances.
Provincial Revenue Statutes Amendment Act (No. 2), 2003 (Bill42) Amended: Motor Fuel Tax Act, R.S.B.C. 1996, c. 317; and Social Service Tax Act, R.S.B.C. 1996, c. 431 Summary: Bill 42 amends the Motor Fuel Tax Act including amendments to fuel tax and coloured fuel provisions. Bill42 amends the Social Service Tax Act, including provisions respecting dyeing of fuel and authority for a direct payment and compliance program. In Force: On Royal Assent except for specified
sections which come into force by regulation
• Public Service Amendment Act, 2003 (Bill71) Amended: Public Service Act, R.S.B.C. 1996, c. 385. Consequential amendments made to 12 statutes Summary: Bill 71 repeals the Supplement to
the Public Service Act. Bill71 amends the Public Service Act, including to: eliminate the Public Service Appeal Board; to specify a procedure for inquiry and review for employees, who are unsuccessful applicants for an appointment to the public service; and provide the merit commissioner with Inquiry Act powers. In Force: By regulation
• School Amendment Act, 2003, s.B.C. 2003, c. 40 (Bill 50) Amended: School Act, R.S.B.C. 1996, c. 412
BarTalk Vol. 15/No. 4
Legislative Update Summary: Bill 50 amends the School Act, including, amendments regarding school planning councils, employee seniority, applications to specified educational programs, and power for the board to allocate money. In Force: On Royal Assent except for section 1 respecting school planning councils which comes into force on July 1,2003
In Force: By regulation
• Transportation Statutes Amendment Act, 2003, s.B.C. 2003, c. 45 (Bill64)
Skills Development and Labour Statutes Amendment Act, 2003 (Bill
Amended: Company Act, R.S.B.C. 1996, c. 62; Highway Act, R.S.B.C. 1996, c. 188; Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30; Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311; Railway Act, R.S.B.C. 1996, c. 395; Transportation Investment Act, S.B.C. 2002, c. 65; and Weed Control Act, R.S.B.C. 1996,
37)
c.487
Amended: Employment Standards Act, R.S.B.C. 1996, c. 113; Employment Standards Amendment Act, 2002, S.B.C. 2002, c. 42; and Workers Compensation Act, R.S.B.C. 1996, c. 492
Summary: Bill 64 repeals the Riverbank Protection Act, R.S.B.C. 1996, c. 408. Bill 64 amends 7 statutes, including the: Company Act to elimi-
•
Summary: Bill 37 amends the Employment
Standards Act including to eliminate the continuing review of the Act by the Minister and amendments regarding child employment, wages, and director and tribunal powers. Bill 37 amends the Employment Standards Amendment Act, 2002 including to eliminate "not in force" amendments under the Employment Standards Act. Bill37 amends the Workers Compensation Act including provisions for benefits and compensation paid to children, surviving dependants of deceased workers, childless surviving widow or widower and separated surviving spouses. In Force: By regulation and retroactive for specified sections
nate the authority to make regulations respecting the registration of mortgage deeds, as aresult of the Railway Act provision being repealed by Bill 64, and Ministry of Transportation and Highways Act to repeal provisions which provide for the levying of tolls on the Coquihalla Highway. In Force: On Royal Assent except for specified sections which come into force by regulation or are retroactive
• Utilities Commission Amendment Act, 2003, S.B.C. 2003, c. 46 (Bill40) Amended: Utilities Commission Act, R.S.B.C 1996, c. 473. Consequential amendments made to 2 statutes
• Summary: Bill 40 repeals the Economic Devel-
Transmission Corporation Act, s.B.C. 2003, c. 44 (Bill39) Amended: Consequential amendments made to the: Financial Information Act, R.S.B.C. 1996, c.
140; Hydro and Power Authority Act, R.S.B.C. 1996, c. 212; and Utilities Commission Act, R.S.B.C. 1996, c. 473
opment Electricity Rate Act, R.S.B.C. 1996, c. 104. Bill 40 amends the Utilities Commission Act including provisions respecting: energy removal certificates and regulated projects; utility commission governance; certificate of public convenience and necessity; setting of rates; carriers; purchasers and processors; electricity transmission; gas marketing; and public hearings.
Summary: Bill39 regulates the Crown-owned
B.C. Transmission Corporation whose purpose is to plan, manage and operate B.C. Hydro's transmission system.
In Force: On Royal Assent
• Continued over
August 2003
17
Legislative Update
Legislative Update Continued from page I 7
Water, Land and Air Protection Statutes Amendment Act, 2003, s.B.C. 2003, c. 46 (Bill 55)
Call For Volunteers The CBABC seeks volu nteers for appointment to a th ree-year term to t he
Manufactured Home Registry User Forum. The Forum is a broad-based group consisting of those interested in issues related to the Registry. The Fo rum meets from time to time in Victoria. If you are interested in vo lunteeri ng, please send your resume and a letter express ing your interest in the appointment, to Frank Kraemer, Executive Director, Canad ian Bar Association IO'h Floor - 845 Cambie Street, Vancouver, B.C. V6B ST3 (e-mail fkraemer@bccba.org) before August 29, 2003. Preference will be given to members whose practice
Amended: 10 statutes amended Summary: Bill 55 repeals 17 statutes, including the: dyking assessment statutes from 19051965, Park (Regional) Act and the Commercial River Rafting Safety Act. Bill 55 amends 10 statutes including: the Local Government Act regarding regional parks; Park Act regarding appointments of park personnel; and Wildlife Act regarding eliminating firearm licensing requirements and related firearm licensing provisions. In Force: On Royal Assent except for specified sections which come into force on June 16, 2003 or by regulation REPORTSAVAILABLE
Consultation Paper on a Legal Framework for Informal Public Appeal Funds (May 2003). Source: B.C. Law Institute. Available at: www.bcli.org Consultation Paper on Post-Accident Remedial Measures (May 2003). Source: B.C. Law Institute. Available at: www.bcli.org
involves work with the
Discussion Paper: Drinking And Driving Issues And Strategies (June 2003). Source: Ministry of Public Safety and Solicitor General. Available at: www .pssg.gov.bc.callegislation l drinking-driving I idr-discussionpaper.pdf Discussion Paper: Reform Of The Tariff Of Costs (June 2003). Source: Supreme Court of British Columbia Rules Revision Committee. Available at: www.courts.gov.bc.ca Draft Regulation under the Business Corporations Act (June 2003). Source: Ministry of Finance. Available at: www.fin.gov.bc.caiPT I fcsp I consultBCA.shtml Labour Relations Code Review Committee Report (May 2003) . Source: Minister of Skills Development and Labour. Available at: www.labour.gov.bc.callrcreview lreport.htm Proposed Amendments to Insurance Act and Insurance (Motor Vehicle) Act (June 2003) . Source: Ministry of Finance. Available at: www .fin. gov . be . ca I PT I fcsp I pdfs I MVAact.pdf Securities Regulation In Canada: An InterProvincial Securities Framework (June 2003) . Source: Minister of State for Deregulation. Available at: www.gov.bc.cal deregulation Spousal Assault Policy Changes (June 2003). Source: Ministry of Attorney General. Available at: ww2.news.gov.bc.ca l nrm_ news_releases I 2003AG0041-000421 .htm •
Manufactured Home Registry.
f\(lembership Protocol As directed at the last Law Society Annual General Meeting in September 2002, the CBABC developed and approved a protocol to respond to those members of the Law Society who do not wish to be recognized as a member of the Canadian Bar Association. The full wording of the Protocol is available at www.bccba.org (Lawyer Lounge). The Protocol was developed in response to the concerns of some members that there be arespectful option for members who, for reasons 18
of personal principle, do not wish to be associated with a position or action of the Association. The Membership Protocol was approved by the CBABC Executive Committee and Provincial Council, and was forwarded to the Executive Committee of the Law Society of B.C. on April 17,2003. To date, no formal response has been received. However, the CBA is operating on the basis that the Protocol is a CBABC policy. • BarTalk Vol. 15/No. 4
The New Police Complaint Commissioner An interview with Dirk Ryneveld, QC
Ill[
Dirk Ryneveld, QC Police Complaint Commissioner of British Columbia (shown in the Milosevic courtroom in The Hague)
August 2003
Dirk Ryneveld, QC was sworn in as B.C.'s Police Complaint Commissioner on February 13, 2003 after returning from The Hague, where he spent four years prosecuting war crimes. He spoke with BarTalk in June.
the truth can be established by having witnesses under oath. We, as lawyers, have always said that the best way to test evidence is to subject it to cross-examination; a public hearing does that.
BarTalk: How do you envision the role of Police Complaint Commissioner?
BarTalk: What are the current issues and challenges?
We are here to provide civilian oversight over There is a wide variety of complaints by memthe municipal police forces in this province. In bers of the public about the police, ranging from dissatisfaction about a poB.C. we have a model lice officer's attitude when whereby we agree that the "The biggest challenge is to police will investigate the they get pulled over for a promote confidence in the traffic ticket, to very serious police. We entrust the posystem we have and to promatters such as use of force. lice to investigate all kinds vide a balance and a percepPeople view our office as a of serious crime. Why tion of balance." safe place to complain and wouldn't we entrust the that their complaints will police to investigate allegations, even against their own? What we need be reviewed seriously. I'm trying to put in a prohowever, is to ensure that there is independ- gram now, whereby the MP and MLA offices ent oversight. If they know someone is watch- can also be areas where people can find a Form ing who has the power to order more investi- 1 Complaint Form and perhaps use the intergation, to order external investigations, and to preters or language staff that might be available. take issue with their decisions by calling a My budget doesn't allow me to hire translators public hearing, then they know in advance of the multi-ethnic groups represented. So I'm that they are held accountable. trying to find ways to increase public accessibility to our office that don't have a cost impact. We are well served by our police forces . We are very, very fortunate that we have dedicat- There are many challenges. The biggest chaled men and women who serve and protect. lenge is to promote confidence in the system we That is not to say that everyone's conduct is at have and to provide a balance and a perception all times in accordance with every rule and of balance, so that people know that there is efregulation. That's where I believe the role of fective civilian oversight over the police. The the Police Complaint Commissioner is impor- challenge will be to actually persuade the pubtant; that there is civilian oversight and that lic and the police that we are balanced; doing the decision of the discipline authority, which the job will hopefully show that. But there will is usually the Chief of Police in the police always be parties who will either view us to be force involved, does not have necessarily the pro-police or anti-police, and we can't be confinal say. It's almost like acting as an appel- cerned too much with how we are viewed other late jurisdiction to decide whether there than we have to ensure that we instill public should be a hearing wherein all the factors are confidence in the process. We will do what we aired according to the rule of law and where think is right. That's the bottom line. • 19
Community Service Awards 2003 Honoring exceptional contributions to communities (
Special Thanks The CBABC thanks the
The CBABC proudly honors lawyers for their contribution to the community and to the legal profession. The Community Service Awards are the highest honor provided by the CBABC in recognition of community involvement and contribution outside of the practice of law. A call for nominations was issued in the October issue ofBarTalk and after careful review, five lawyers were chosen to receive the 2003 CBABC Community Service Awards. For the first time, there are two award recipients in Vancouver County.
selection com mittee of t he Comm unity Service Awards: HAD. O liver, QC, B.C. Confl ict of Interest Commissioner; Trude LaBoss iere Huebner, Researcher/Writer; Doug Robinson, QC, a CBABC Past President; Mark Slay, CBABC member; Frances Statham, QC, Ministry of Attorney General; and Gi ll ian Wallace, QC, fo rmer Deputy Minister, Ministry of Attorney General.
MICHAEL B. ELLIS (Victoria County) Mr. Ellis (Mike) is well known throughout the Greater Victoria community for the tremendous amount of volunteer effort that he expends. It seems many people can say Michael B. Ellis "Oh yes, I know Mike Ellis. He volunteers at [fill in organization] ." Margaret Sasges, a coworker of Mike's at Straith & Company, says "I know how hard he works in the office, and yet he still has an enormous amount of time and energy to give to a variety of organizations." There are indeed a variety, including the B.C. Lung Association, the Kiwanis Club, the Kiwanis Village Society, the Royal Victoria Marathon, Cool Aid, the YM-YWCA, and the Team West Coast Running and Triathlon Society. All of the members of these organizations can recount projects that had uphill battles, and how Mike made a difference - a critical difference - in those projects. When Cool Aid was looking for assistance from a service club to develop a youth shelter, "Mike convinced the Kiwanis club to support the shelter," says Jane Dewing, who was the Executive Director of Cool Aid at the time. "He personally assisted in finding a location. It was very difficult getting the rezoning and Mike had to field some very disgruntled neighbors. But the project was successful and has sheltered more than 6,000 youth since opening in 1989." The B.C. Lung Association has benefited from Mike's volunteerism since 1992. He has been a member of numerous committees, including
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their Executive Committee since 1993 and has served as Honourary Treasurer and Vice President and is currently their provincial President. Scott McDonald, the B.C. Lung Association's Executive Director, says that Mike is a "go-to" volunteer who never turns down requests for assistance, whether it's standing at a display table at a health fair or providing pro bono legal work on a difficult bequest issue. Through his involvement with the Kiwanis Society, Mike became involved in the Kiwanis Village Society which operates Kiwanis Village in Victoria and Windward Village in Sidney. The Society provides affordable housing for low income seniors, operating 183 housing units with a population of more than 220 seniors. "Mike was the Society President during the last six months - the critical phase of construction of our new 50 unit apartment building," says Jeff Sawchuk, Administrator, Kiwanis Village.
GAVIN HUME, QC (Vancouver County) Gavin Hume is presented a Community Service Award for his outstanding commitment to one organization in particular. His commitment has been immense and the organization is one that Gavin Hume, QC enriches each community it touches. Gavin has been a key leader at the YMCA and has dedicated tremendous effort to the Y for more than 30 years. He has been a member, Executive Member, and President, and is currently a Director of the YMCA Board of Governors. Throughout that long history he has directly and indirectly changed the BarTalk Vol. 15/No. 4
lives of thousands of young people. As the YMCA's Honorary Solicitor, Gavin has provided extensive pro bono legal and client services to the organization. Mary Beck, who has served with Gavin on the Board of Directors at the YMCA, says "The amount of time Gavin has volunteered is difficult to quantify. I suspect that a day does not go by in which Gavin does not deal with a YMCA matter to some degree." Gavin has also been a Trustee and Chair of the YMCA Endowment Fund. As an Executive Member of the "Building Strong Communities Capital Campaign" Gavin played a very substantial role in mobilizing YMCA volunteers to successfully raise more than $6.2 million for the new Surrey Family YMCA, which opened in September 2002. This new YMCA will serve more than 30 thousand people each year for the next 35 years and "It would not have been possible," says Bill Stewart, President and CEO of the YMCA of Greater Vancouver, "without the active support of Gavin and the many other community-minded people attracted to this cause." Mr. Stewart says further that "Gavin's contribution to the YMCA and the community ... are immeasurable and set a high standard for all. His special gifts for involving people, strategic thinking and dedication to ethical and principled action, are the cornerstones of Gavin the individual."
LINDA D. LOCKE (Prince Rupert County)
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Her community is Hazelton. Offers come calling, but Linda Locke stays in Hazelton because she loves her community. It needs her. The community has had sevLinda D. Locke eral setbacks: the closure of the lumber industry; changes in fishing practices; and cutbacks in various government agencies. But when the provincial government set its sights on closing the local legal aid office, Linda "went into action. " Rev. Lorna
Janze recounts "When we heard that legal aid was being eliminated in Hazelton, it only spelled disaster. To refer people to local legal service resulted in good compliance, but to refer people to an office up to two hours drive away by car would result in almost total noncompliance. (The office) was necessary to the viability of the families and our community." Through Linda's work, including a month of pro bono, the Upper Skeena Counselling & Legal Assistance Society (USCLAS) office stayed open and today continues to provide services desperately needed in Hazelton. Linda is also an advocate for the Aboriginal community, working tirelessly to increase community awareness about Aboriginal needs, values and interests, and to increase trust and respect between Aboriginal and non-Aboriginal people. Every year the USCLAS has been an active presence in the Gitxsan Cultural Days and Hazelton Pioneer Day, with a theme relating to a legal issue such as residential schools, child and family issues, or Aboriginal veterans. "Linda has also facilitated workshops and a booklet relating to wills planning on Reserves and has organized several workshops on human rights and sexual harassment in the workplace," says USCLAS President, Charlotte Sullivan. Linda's seemingly endless compassion extends to animals in her community, too, and she works energetically to protect abused and unwanted animals. Linda is working to set up an animal shelter in Hazelton. "Linda is a person who will never turn a blind eye to problems related to animals," says Tim Klaassen, a Smithers lawyer. "Her community volunteerism is a powerful demonstration of public service in its best possible sense," says Sandy Jakab-Hancock, a nominator of Linda for this award.
MICHAEL A. MCVEA (Nanaimo County) The common thread running through the organizations in which Mike McVea has participated is that they exist to improve the local community for the betterment of its present and future citizens.
Continued over August 2003
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Community Service Awards Continued from page 2 I
The organizations he has volunteered with include the Campbell River United Way, the Yucalta Lodge Society, the Rotary Club of Campbell River, the Community Futures Development Corporation of Strathcona, the B.C. Winter Games in Campbell River, and the Campbell River Community Foundation. Upon arriving in Campbell River in 1978 Mike became a director of both the local United Way and the Yucalta Lodge Society, which operates a housing facility for seniors. In 1988 Mike was appointed a director of the Community Futures Development Corporation of Strathcona, a federally funded organization created to assist small business by providing loans and educational support, training and assistance to prospective entrepreneurs including those who have lost their jobs due to economic changes. From 1989 to 1997 Mike chaired the Corporation's Self Employment Committee, and he continues to be a member. Today there are many local small businesses, some very successful, which owe their start to this committee. In 1995 Mike was elected Chair of the Corporation for a three-year term- at a time when the organization was in a state of upheaval. At the end of Mike's term the Corporation was one of the three most successful and profitable of the 23 Community Futures Corporations within B.C. Today, as a result of income from its loan portfolio, the Corporation is almost entirely self-sufficient and it continues to assist small businesses. In 2001 Mike was appointed to the Board of Directors of the Campbell River Community Foundation. He was immediately elected as the fundraising committee chair and developed a fundraising plan. The Foundation's goal is to establish a permanent endowment fund to assist other local organizations in improving the community of Campbell River.
JAMES (JIM) STOUT (Vancouver County) West Vancouver parents of Beavers, Cubs, 22
Scouts, and Venturers will likely recognize Jim Stout's name . Since 1969 he has been involved in Scouting, leading more than 50 Scouting wilderness expeditions (lasting seven days or more) involving backpacking, ocean kayaking orcanoeing.
Jim Stout
Jim was a District Commissioner for the West Vancouver Scouts for four years and a Regional Commissioner for Vancouver-Coast for three years. He was also a Volunteer Project Manager for the construction of the Hollyburn Ridge Scout Cabin. The amount of time Jim gives to Scouts is part of what makes his contribution unique. "Jim is busy three nights a week leading each of his three groups, is away most weekends either camping with the Scouts or Venturers or working on the Group's cabin at Hollyburn Ridge," says John McCarter, of the 3'd West Vancouver Cub Pack, who has worked closely with Jim in recent years. Parents of children who have been in Jim's Cub or Scout groups speak well of Jim. Terry Halverson, a parent of a Scout, wrote "It is the wonderful example of Jim Stout's character and values that enhance our community. He sets an extremely high standard of fairness, tolerance and honesty. It gives me a great deal of comfort to know that there are people of Jim's quality involved in our legal system." John McCarter adds, "Jim is a person who believes there is good in every child and he makes it his responsibility to find a way for that goodness to bubble to the surface. There is now a second generation of children in West Vancouver who can thank Jim for giving them direction to be the best person they can be." Jim has also volunteered his time with the Lions Gate Hospice Society, which he was President of in the mid-1990s. During that time the Lions Gate Hospital undertook a fundraising initiative and under Jim's leadership the Society contributed $150,000, the largest single donation, to the $1.8 million project. • BarTalk Vo l. 15/No . 4
Executive Committee 2003/2004 I~
BarTalk thanks the members of the 2003/2004 Executive Committee for providing the following biogra-
phies.
ROBERT BRUN, PRESIDENT Robert was born in Whitehorse, Yukon Territories, in 1952 and attended elementary and secondary school in Vancouver. He received a Bachelor of Arts degree from UBC in 1974 and a Bachelor of Laws degree from UBC in 1977. He was called to the B.C. Bar in 1978. Robert entered private practice in Vancouver in July of 1978, going to the Legal ServicL-R: Sharon Matthews (Officer), Diana Dorey (Officer), Michael Woodward es Department of the WCB (Vice-President), Tracey Brice-Nicolson (Young Lawyers Representative), in May of 1979. He reRobert Brun (President), Sabrina Ali (Officer) , Frits Verhoeven (Officer), mained there until July of Meg E. Shaw (Secretary-Treasurer), David A. Paul (Past President) 1984 when he entered into Missing: Equality Committee Representative a partnership with Lyle Harris in Vancouver. The firm of Harris & MICHAEL C. WOODWARD, Brun now consists of 19 staff and lawyers. VICE-PRESIDENT Since 1984, he has practised continuously in Vancouver, appearing frequently in the Supreme Court of B.C. and the B.C. Court of Appeal. On several occasions he has ventured before the Supreme Court of Canada.
Michael Woodward is a graduate in mathematics, and in law at UBC, and was called to the B.C. Bar in 1986. He is a founding partner in the law firm Woodward Walker, which acts for local government throughout B.C.
Robert is a frequent guest speaker at seminars put on by CLE and the Trial Lawyers Association of B.C. He has been an active member of the Trial Lawyers Association of B.C. since 1991. He has been a member of the CBA since 1977 and was an Executive Member of the Insurance Law Section from 1991 to 1995. In 1997, he became an Elected Member of the Provincial Council and is now in his second term. He was first elected to the Executive of the Provincial Council in 2000, serving as SecretaryTreasurer (2001/2002) and Vice-President (2002/2003).
An elected member of CBA Council since 1997, Michael was first elected to the Executive in 2001, and in 2003 was elected as Vice-President of the Branch. He chairs the Government Relations Committee. He is Past-Chair of the Municipal Law Section, and a member of the Labour and Environmental Sections. He has presented papers at several CLE courses, has authored the Municipal Law chapter for CLE's Annual Review of Law and Practice for the past five years, and was course coordinator for the most recent Munici-
Continued over August 2003
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Executive Committee 2003/2004 Continued from page 23
Lawyers on Stage Theatre Auditions Ever wanted to tread boards other than th ose in court? Ever wished to try your crewing talents out on someone other than family members and colleagues? Then Lawyers on Stage Theatre (LOST) wants you!' LOST is looking for ALL sorts of talent to participate in its February 2004 production of 'The Man
pal Law CLE program. He frequently lectures for the Local Government Management Association, the Union of B.C. Municipalities, the Municipal Administration Training Institute, and the Capilano P. Administration Program. Following articles and three years as a labour I school law associate at Campney & Murphy, Michael spent two years with the municipal law firm Lidstone, Young, Anderson, followed by 11 years as a partner in the municipal law firm Thompson & McConnell. He and his law partner Robert Walker founded Woodward Walker in mid-2002. Michael is 46 years old, and resides in White Rock with his spouse and three children. Summer Saturdays he rows boats and is a founding Director of the Nicomekl Rowing Club. In the winter, he skis, after a fashion.
Who Came to Dinner." This Moss Hart I George S. Kaufman Broadway classic is
MEG (MARGUERITE) E. SHAW, SECRETARY路TREASURER
a fundraising event for Kaleidoscope Theatre, and will be performed February 27-28 at the beautiful McPherson Playhouse.
Aud itions and interviews with potential actors, assistant directors, stage crews, and volunteers fo r all areas of production will take place September 22 & 23, 7-9 p.m. at the Barrister's Lounge, on the fifth floor of the Victoria Courthouse. Call Patricia Lee at 250-744-0665 (evenings) or e-mai l legallee@shaw.ca for an appointment.
A native of Lethbridge, Alberta, Meg has lived in B.C. since 1969. She graduated from UVic in 1983 with a Bachelor of Science in Nursing, and from UBC in 1988 with her law degree. Articles in Kelowna were with the then firm of McAfee Harder, and she now practises with Hattori & Shaw, where her areas of specialization are family law, mediation, and wills and estates. As well, Meg practises as a family protection mediator, child advocate, and ad hoc counsel for the Coroner's Service of B.C. She was an invited participant in discussion groups hosted by the Law Society on the regulation of mediation, and also an invited participant in discussion groups hosted by the Federal and Provincial Governments on proposed changes to custody and access in the Divorce Act. Meg first served the CBABC as Chair of the Okanagan Family Law Section for three years, and was Co-Chair of the Okanagan ADR Section. She served as an Officer on the Executive Committee for CBABC for two years, and on various committees, including Co-Chair of the President's Forums held in Kelowna in April,
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2000 and in Vancouver in June, 2003. As one of the representatives for Yale County since 1997, she is now in her second term. Other community involvement includes serving as a Director on the board of the Registered Nurses Association of B.C. and the board of the Kelowna-Westbank YM-YWCA. Meg has also been a guest lecturer at Okanagan University College, Cariboo College, and the Continuing Legal Education Society of B.C. She has provided pro bono services for the Central Okanagan Hospice Association and the Elizabeth Fry Society.
DAVID A. PAUL, PAST PRESIDENT David graduated from UVic Law School in 1986. Since his call to the bar in 1987, David has spent his professional career in Kamloops, where he was born and raised. His practice areas include criminal law, family law, personal injury law, mediation, and real estate sales. In 1997 he established the law firm of Paul & Company where he practises with his sister, Lorianna Bennett and David Dundee. David is a member of the Trial Lawyers Association, the B.C. Arbitration & Mediation Institute, and the B.C. Mediator Roster Society (Civil and Family). Prior to his election to Provincial Council, David served on the Kamloops Bar Association Executive from 1990-1994 where he held various roles, including President in 1993-94. As well, David participated on the Law Day committee and the Advisory Committee for the University College of the Cariboo. David was first elected to Provincial Council in 1995. Between 1998 and 2001 he served as an Executive Committee member. He was elected to the position of CBABC Vice-President in June 2001 and in June 2002 he was elected to the position of President. David previously served as a member of the CBABC's Supreme Court ADR Committee and the Communications Committee. He is a Past Chair of the following committees: Planning & Priorities; Nominating; Awards & Recognition; and BarTalk Editorial Board. David belongs to the Kamloops Criminal and Family Sections and served as Section Coordinator between 1998 and 2000. During this period David also BarTalk Vol. 15/No. 4
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chaired the Sections Task Force. As President, David also was a member of the CBA Board of Directors. Currently, David is the CBABC appointee to the Judicial Council of B.C., the Executive Liaison to the Advisory Committee of the Judicial Council of B.C, a member of the 2005 National Annual Meeting Organization Committee, Chair of CBABC QC Appointments Committee and a member of the Board of Directors of the national Legal Profession Assistance Conference.
SABRINA A. S. All, OFFICER Sabrina was born in Guyana, South America in 1967. She received her Bachelor of Arts degree in Administrative and Commercial Studies from the University of Western Ontario in 1989 and her Diploma in Honors Standing in Political Science from UWO in 1990. Sabrina received her Bachelor of Laws from the University of Saskatchewan in 1993. She embarked upon a backpacking adventure around Asia and was called to the B.C. Bar in 1997. Sabrina is a member of the Executive, an elected member of Provincial Council and acts as Executive Liaison for certain CBABC Committees. Sabrina is also a member of the Futures Committee of the Law Society of B.C. Sabrina is also a Director of West Coast LEAF. She runs her own civil litigation practice.
TRACEY BRICE-NICOLSON, YOUNG LAWYERS REPRESENTATIVE Tracey Brice-Nicolson was born and raised in Saskatoon, Saskatchewan. Tracey attended the University of Saskatchewan where she received a B.A. (Honours) International Studies in 1998 and a L.L.B. in 2000. After graduation, Tracey accepted an articling position with a law firm in the Fraser Valley. At the completion of her articles, Tracey joined the Kelowna law firm of Berge Horn as an Associate in 2001. Tracey enjoys a diverse litigation practice at Berge Horn with an emphasis on family law, including CFCSA, personal injury, collections, general litigation and criminal law. Tracey is Co-Chair of the CBA Okanagan Young Lawyers Section for a second consecutive year commencing June 2003, in addition to
being the Young Lawyer Representative on the CBABC Executive. Tracey also participates and acts as the Executive Liaison for a number of CBABC committees, including the Articling Committee. Tracey resides in the hot and sunny Okanagan with her husband Derek, who is a golf professional. As a member of the CBABC Executive, Tracey is eager to learn and contribute to the interests of young lawyers, who make up nearly 50 per cent of the population of practising lawyers in B.C.
DIANA L. DOREY, OFFICER Diana was born and raised in North Vancouver. She is married to Geoff Baragar, a Crown Prosecutor, and they have two daughters. Diana received her Bachelor of Arts Degree in criminology with First Class Honours from Simon Fraser University in 1986. Diana received the British Commonwealth Scholarship for post-graduate studies at the University of Cambridge where she obtained a Masters of Philosophy Degree in criminology (specializing in young offender research) in 1987. She studied law at UBC and obtained her law degree in 1990. Diana articled with Davis & Company and during her articles, she was a Law Clerk at the Supreme Court of B.C. Diana joined Davis & Company following her call to the bar on November 15, 1991. Diana enjoys a diverse general litigation practice at Davis & Company.
H.A.D. Oliver, QC Earns Lifetime Achievement Award The Honourable HAD. Oliver, QC is the first recipient of the Trial Lawyers Association of B.C.'s Lifetime Achievement Award. The occasion was celebrated on June 13 by more than 400 people in a prestigious ceremony at the Vancouver Convention & Exhibition Centre.
During the event, Vancouver Mayor Larry Campbell declared Saturday, June 14, 2003 to be "HAD. Oliver Day."
Diana was elected to Provincial Council representing Vancouver County in May, 2000. She was re-elected to Provincial Council in May, 2003. This is Diana's third year on the Executive.
SHARON D. MATTHEWS, OFFICER Sharon Matthews obtained a Bachelor of Commerce (Honours) and a Bachelor of Laws from UBC in 1992. She was called to the bar in 1993 and has been a member of the Law Society of B.C. and the CBA since then. From 1993 to 1999, Ms. Matthews was an Associate of the law firm Camp Church & Associates. In 2000 she became a partner, and in January 2001 , J.J. Camp, QC, Joe Fiorante and Sharon Matthews formed the law firm Camp Continued over
August 2003
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Executive Committee 2003/2004 Continued from page 25
Fiorante Matthews. Ms. Matthews co-manages the firm.
7WiT TALENT
Lawyers Who Write With her professional colleagues in 12 cities worldwide, CBABC member, Colleen Ann Fee has launched an International Literary Salon of more than 30 artists, scientists and professionals, including CBA
Ms. Matthews confines her practice to civil litigation and has appeared before all levels of court in B.C. She concentrates her practice on product liability, aviation litigation, class proceedings and professional negligence cases. Ms. Matthews has been an elected member from Vancouver County since 2001. In June 2003 she was elected to the position of Member-At-Large of the CBABC Executive Committee commencing in August 2003. She was also honoured with the CBABC President's Medal for 2003. In addition, she has sat on the CBABC Audit Committee and Chairs the CBABC Resolutions & Bylaws Committee.
members.
The Salon, which is admin istered by the literary services agency, Fresh Wet Talent, continues the tradition of lawyers who write. The mandate of the Salon is to
Ms. Matthews was the co-founder of the CBABC Class Actions Section and has acted as Secretary and Co-Chair of the Section. Ms. Matthews has recently completed a term as President of the Advocates Club, of which she was previously the Secretary. She has written
numerous papers and lectured for the Continuing Legal Education Society of B.C., the CBA, and the Trial Lawyers Association.
FRITS VERHOEVEN, OFFICER Frits Verhoeven is a partner in the Vancouver law firm of Edwards, Kenny and Bray, and practises in the field of civil litigation. Born in Vlaardingen, the Netherlands, in 1956, and raised in Richmond, Frits obtained degrees in Commerce and in Law at UBC. After articling with Edwards, Kenny & Bray, he was called to the bar in 1983. He was managing partner of the firm from 1997 to 1999. Frits was elected to the CBABC Provincial Council in 1999, and re-elected in 2002. He served on the CBA' s Member Services Committee for four years, from 1999 to 2003. He was a member of the national CBA Special Committee on Financial Services, 2001/2002. During 2002/2003, he served as the Chair of CBABC's Business of Law Committee. Frits resides in Richmond, with his wife Kathryn and their four children. For the past seven seasons he has coached a hockey team in the Richmond Minor Hockey Association. •
foster discourse and promote English literature appreciation globally. The Salon currently features an Engl ish Language Monologue Contest open to am-
Options For Lawyers: What Can You Do With Your Law Degree?
ateur and professional writers. The seven wi nners will receive cash honorariums , a workshop and presentation in the inaugural Salon performance.
The CBABC and the Lawyers Assistance Program of B.C. present "What Can You Do With Your L A P Law Degree?" on Friday, November 7, 2003 at the Plaza 500 Hotel, 500 West 12th Avenue Vancouver, B.C.
have already made changes. Past participants of the program have commented on the "excellent value" of the day, and reported high satisfaction with the content. "I feel re-invigorated to look at things in a different way," said one lawyer.
All of us need to know that we have options that we don't have to feel trapped in an unsatisfactory career or in a stale mode of practising law. If you want to learn more about your own options, about what your law degree really makes possible, book Friday, November 7th on your calendar. From 9:00 a.m. to 4:30 p.m. you'll engage in a practical exploration of where you want to be, and what steps you can take to get there. You'll also talk to others who
Registration is $90.95 ($85.00 plus GST) per person. The deadline for registration is October 17'h -book now! Cheques payable to the Lawyers Assistance Program may be sent to: Lawyers Assistance Program, 415-1080 Mainland Street, Vancouver, B.C. V6B 2T4. Visa and Mastercard accepted. Fax: 604-685-2179.
For details visit www.freshwet-talent.com.
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For more information on this event call Derek LaCroix at 604-685-2171 or 1-888-685-2171. . BarTalk Vol. 15/No. 4
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Guest Column
LSS Launches Family Law Pilot Projects he Legal Services Society (LSS), in collaboration with the private bar and other service providers, has launched several innovative pilot projects to help low-income family clients who no longer qualify for legal aid representation under the society's coverage guidelines. The projects range from providing family duty counsel in courts across the province to brief legal services through an enhanced Law Line. In Fall 2002 and Spring 2003, LSS established family duty counsel (FDC) pilot projects in 11 communities across B.C. On family list days, duty counsel are available to provide advice and speak on unrepresented clients' behalf in court on simple matters. Priority is given to people who have matters in court that day. Two of the pilots - in Surrey and Vancouver provide expanded services, with duty counsel available on every court day. Expanded services include helping clients prepare documents such as financial statements, consent orders, or family agreements that can be filed in family court. The Vancouver project operates in collaboration with the family justice counsellors (FJCs) housed at the court. Other FDC projects were launched between February and April on Vancouver Island (Colwood, Nanaimo, and Victoria), in northern B.C. (Prince George, Prince Rupert, Smithers, and Terrace), and in the interior (Kamloops and Kelowna). Initial feedback indicates these pilots are extremely valuable to clients as well as to the justice system. By September 2003, LSS hopes to implement FDC projects in communities where there is an LSS local agent. Once those are in place, the society will look at adding FDCs in other family court locations. This year, LSS and the Ministry of Attorney General's Family Justice Services Division began a family advice lawyer project to provide up to three hours of free legal advice to August 2003
low income parents experiencing separation or divorce. The service began as part of the Vancouver FDC project in November 2002. By Spring 2003, it was available in Kamloops, Kelowna, Prince George, Surrey and Victoria. Qualifying clients may receive advice relating to custody, access, guardianship, and child support; property (limited); tentative settlement agreements; and court procedures. Legal advice is provided by LSS staff lawyers or private bar lawyers on the society's family duty counsel pilot rosters. Clients are referred by FJCs and child support officers.
Mark Benton
Mark Benton is the Executive Director of the Legal Services Society.
LSS is also funding the Law Centre in Victoria to provide low-income, unrepresented people with services ranging from introductory family law information sessions and assistance with preparing family court documents, to summary advice and limited representation (for those who cannot represent themselves due to poor health or limited education). These projects will continue until March 31, 2004. Project evaluations will increase the society's understanding of unrepresented litigants' needs and determine to what extent LSS can meet those needs through services ranging from Web-based information to limited legal representation and advice. Two other initiatives are in the works. An extended family services project will provide about 500 clients at greatest risk with up to 50 hours of legal time in addition to a standard emergency referral. A "Notice to Counsel" issued in July outlined the criteria for the program, which will be in place until March 2004. And a project intended to make mediation services available to LSS family clients is now in the planning stage. As well, a pilot project to enhance Law Line services will include family law matters. From September 2003 until March 2004, this pilot will provide eligible low income people with brief legal services ranging from legal information and community referrals to legal advice, written opinions, and follow-up calls. • 27
Web Column
Message Boards Online Offering you greater functionality
Patricia Jordan Patricia Jordan is the CBABC Manager,
n the February web column we asked members what they would like to see online. Several members asked for ListServes (Message Boards). Message Boards are available for all Sections at www.bccba.org under CBABC Sections. Look for your Message Board discussion link in your registered Section(s) under "My Registered Sections." A general discussion Message Board is available in the Lawyer Lounge.
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NEW SERVICES ONLINE
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Articling Positions and Internships Sought in Human Resources
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Member Dispute Resolution Service in the (Lawyer Lounge, under What's New)
Interactive Media. She welcomes your comments, questions, and suggestions. If you have a question about site content, or would like something added to the site, contact her at pjordan@bccba.org or call 604-646-7861 .
Our Message Boards provide a platform to ask questions, offer advice and share information online. Integrated features include attention messaging, e-mail participation, instant messaging, message search, online document storage, watch lists and white boards. With watch lists, you can mark a discussion topic that is of interest to you and be notified by e-mail whenever a message is posted to that topic. Attention messaging allows you to post messages to another member's attention. You can mark messages posted to your attention in order to immediately see what's new. Messages sent to a member's attention are visible to other discussion members.
Did you know? Your computer is five times more likely to be affected by a security attack if you use a digital subscriber line (DSL) than if you use a dial-up connection because most DSL connections operate continuously.
The Message Board's mailing list gives registered members the option of participating in discussions via e-mail. After subscribing to a discussion mailing list, you will receive all messages posted to the discussion and may respond or post new topics via e-mail. Members who prefer to participate through a browser but want to know about new messages without logging on, can receive e-mail notification of discussions with new messages once a day. Prior to participation on a Message Board, members must complete an online Participation Agreement Form and send it to Fran Hodgkins, Sections Coordinator.
CBABC WEB FACTS
• BarTalk is the most popular destination for members atwww.bccba.org (Library)
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Members have downloaded the Real Property Standard Undertakings more than 400 times since April2003 (Library)
NEW DOCUMENTS IN THE LIBRARY
•
Submission of the CBABC to the Ministry of Finance ofB.C. on the Real Estate Act Review Discussion Paper, May 2003
•
SubmissionoftheCBABC Corporate Counsel Section to the Law Society of B.C. on the Proposed Amendment to the Professional Conduct Handbook, May 2003
ASK THE WEBMASTER Why do I need a firewall? Firewalls and virus software offer vital protection to your computer and network. Security experts recommend companies move toward a protective network environment through the use of e-mail/ content filtering tools and antivirus / firewall software to protect against cyber intruders and virus attacks. Firewalls offer perimeter protection but do not protect against viruses and worms. Firewalls block specified Internet systems, monitor outbound application traffic, protect personal information, provide immediate alerts, event information and tracing, validate the flow of information to and from a business, and provide multi-layered security. Your firewall must be regularly configured and updated to ensure it protects your computer and network. For more information on firewalls, visit www.downloads.com and search for "firewalls." • BarTalk Vol. 15/No. 4
Nothing Official
Nothing Official Q
An introduction to something completely different was called a couple months ago by Someone Important at the CBA who had read a few things I had written for the Globe and Mail and Macleans magazine. "Would you be interested in writing a column for BarTalk?" she asked. Then she cut to the chase. "Please don't say no. You see, I've actually been ordered to stalk you to get you to write a lighter column that doesn't necessarily tie into being a lawyer. Something light so that lawyers can look at BarTalk and have a good belly laugh. And by the way," she continued, "we're not going to pay you, and if we get a lot of nasty letters about you or your column, we'll fire you and have someone write a regular column on the Patent Act or the PPSA."
I
Good grief. They want comedy. And for free!
!(
So, I suppose, to spare you more legislative updates on more Statutes, I said yes and that's why I'm here. Until everyone gets tired of me, I'll be parked somewhere between the Web column and Law Foundation updates. If I win the BarTalk lottery, so to speak, and the column is a success, then I keep my job as a columnist for lawyers and more or less get to say whatever I feel like saying. Hopefully BarTalk will be found more regularly in lawyers' lounges and lawyers' washrooms instead of on lawyers' desks. Publications in lounges and bathrooms, I have learned, actually get read, but publications on desks normally get filed . Because I'd rather be read than filed, if BarTalk is found more regularly in the bathroom stalls of our profession, I'll take that as a compliment and the CBA will let me keep writing. If not, I suppose it's back to the Globe and Mail .
Humour isn't easy, and my track record in the genre is both poor and dangerous, as anyone who was with me at the UVic law school in the early 80's can attest to. I edited the Law School newspaper back then, and in particular, a column called The Nose Knows. It was far more than a gossip column. It was a gossip column August 2003
in which all the gossip was totally fabricated and so outrageous that it couldn' t be taken seriously by anyone. I suppose that was its magic; it was actually meant to be unbelievable. When we circulated it every couple of months, you could hear the howls of laughter coming from all over the students' lounge. Although the subjects of our satire were law students then, they're now senior partners with big firms and there's at least two judicial appointments who don't appear to have suffered adversely by appearing in our little National Enquirer. They laugh with m e to this day about being lampooned in the Nose whenever we see one another. When I left, nobody picked up the column, and the law school paper went legit. Somebody said the liability insurance got too high for what we were doing.
Tony Wilson Tony Wilso n is a Fran chise and Intell ectual property lawyer at Cawkell Brod ie, and has written for the
Globe and Mail, the Vancouver Sun and Macleans magazine. His e-mail address is twilson@cawkell .com
That's not what I have in mind for this column. I have a mandate to talk about life outside the law and mid-life outside the office in the hope that my shelf life will be longer than yesterday's news. I have grand visions of disclosing what two married lawyers talk about when they're forced to talk about the law. How you don't have to leave your spouse or your law firm to enjoy your mid-life crisis, you can just change your operating system! As a solicitor, I may poke fun at my litigator brethren, (only because I'm jealous of their billings) . And I'll explain why 25 per cent of Vancouver lawyers think I'm a virus just because all the firms I've worked at have blown up. I'll give wanna-be-novelists a heads up on how difficult it is to get a book published in Canada, even if you write a column for BarTalk and know the publisher's personal e-mail address. I'll talk about the collegiality of a bar in Vancouver (which I am a happy member of) where we're competitors and good friends too, then I'll explain about the same bar in Toronto issuing body armor and lessons in self defense to its members. I intend to have fun at this. Because, as I used to say, the Nose Knows. • 29
7th Annual CBA/VBA Golf Tournament Best Ever The 71h annual Canadian Bar Association/ Vancouver Bar Association Golf Tournament held on June 26, 2003 was the most successful tournament to date!
Prizes Galore! Prizes were awarded for numerous feats. Here are just a few of the many contest winners:
Men's Longest Drive: Tom Deutsch
Women's Longest Drive: Penny Paul Men's Closest to the Pin: Gordon MacRae
Women's Closest to the Pin: Emiko Ando Most Honest Team: Anjili Bahadoorsingh Stacey Handley ian Worland
Participants had a 1 p .m . shotgun start at the University Golf Club and golfed until around 6 p.m. -long enough for organizers to run out of "mulligans." After many bogies, pars and an eagle or two the duffers headed for the "19th Hole" for a fabulous buffet dinner. New this year was a slide show featuring participants demonstrating their swings and mingling on the course. During dinner contest winners received their prizes and a silent auction was held. The prizes were amazing and included weekend getaways, a golf set, putters, and clothing. See sponsors at right. This year's event raised more than $8,900. Net proceeds will be donated to the CBABC Law Student Awards. Monetary awards are given to two law students (one at UVic and one at UBC) who best exemplify the ideals served by the Canadian Bar Association. Special thanks to our major supporters, who each sponsored a hole: Coast Mailing Services Ltd., The Counsel Network, Dorsey & Whitney LLP, Dye & Durham, Mass & Company Finan-
cial Planning and ProGroup Sales & Leasing. Thanks also to the following sponsors who donated items for prizes and the silent auction: Begbie Reporting Services, Blake Cassels & Graydon, Blue Water Cafe, Coast Hotels & Resorts, Crystal Lodge Whistler, Delta Hotels and Resorts, D. J. Magrega & Associates, Eden Florists, Elite Bailiffs, Fairmont Hotel Vancouver, Fish House Restaurant, Four Seasons Hotel, Gallery Cafe & Catering, Georgian Court Hotel, Grand Okanagan Hotel & Resort (Kelowna), Hampton Inn & Suites, Harbour Air, Hotel Grand Pacific (Victoria), Hyatt Regency Vancouver, Image Group, Laurel Point Inn, Legal Freelance Centre, Lodging Ovations Club, Manteo Resort (Kelowna), Metropolitan Hotel, Monk McQueen's, Morton's of Chicago Steakhouse, Opus Hotel, Pacific Palisades Hotel & Zin Restaurant, Park'N Fly, Pinnacle Lodge at Sun Peaks, Plaza Heritage Hotel, Plaza Heritage Hotel (Kamloops), Prestige Inns, Rain City Grill, Rosedale on Robson, Sheraton Vancouver Wall Centre Hotel, Sun Peaks Mountain Resort, Sutton Place Hotel, The Printing House, The Teahouse Restaurant (Sequoia Restaurants), Tigh-Na-Mara Resort, Vancouver Opera, Vancouver Symphony, Wedgewood Hotel, Whistler Blackcomb Resort, and ZSA. •
UBC Mentor Reception Planned for October 2 The UBC Articling Committee in cooperation with the CBA would like to invite you to attend the 2003-2004 Mentorship Reception to be held at Cecil Green House, Thursday, October 2, 2003, 6251 Cecil Green Park Road, UBC. The reception is open to all members of the legal community volunteering to mentor UBC law students. The reception provides a collegial environment bringing together mentors and students for an evening of networking opportunities. This may be the initial place of contact for many mentors and students. Although only an initial meeting is scheduled, it is hoped the event will lay the foundation of a relationship that will continue during the student's career. 30
The CBA Mentorship Program matches students with mentors who share mutual legal interests. This is an excellent opportunity for mentors to share their experience and knowledge with students who are eager for career guidance. Mentors are an invaluable resource to students, and are able to offer insights into the legal community that would otherwise take students years to acquire. If you are interested in participating in this
year's Mentorship Program and sharing in the rewards of being a mentor, please contact Gail Sahota, of the UBC Faculty of Law Articling Committee (gail_sahota@hotmail.com). •
BarTalk Vol. 15/No. 4
(
Lawyers Rock The Commodore! Building on last year's highly successful event, more than 850 people attended the second annual Battle of the Bar Bands at the Commodore Ballroom on May 16, 2003 . Nine bands representing a variety of lawyers and musicians participated Jeevyn Dhaliwal of the this year and "The Purdy Mouth Band," raised more than sings Shania Twain's Up! $35,000 for the "Once people started dancCBA Lawyers ing, they didn't stop - that Benevolent Sociereally energized us." ty. A panel of judges, comprised of the Honourable Justices Sigurdson, Smith, Bennett, McEwan, Humphries and Ralph presided over the festivities. Thanks to all the participating bands, and in particular to the following event organizers and volunteers for their tireless efforts: Derek Brindle, QC and Catherine Sas (Event Co-Chairs); Terry La Liberte, QC, CBA Lawyer /Benevolent Society President; Tom Woods (Corporate Sponsorship); Roger Holland (Event Organizer); Sheryl Seale (Law Firm Sponsorship); Sylvia Jorger, Jodi Pashak and Lorna Marshall (Administration); Alistair Eagle (Photographer- event photos are available for purchase at www.PeopleShots.com); and Frank Kraemer, Kris Johnson and Sandra Webb of the CBA for their support. •
Thanks to the following event sponsors: • ZSA Legal Recruitment • Searchlight Systems Ltd. • The Counsel Network • Commonwealth Insurance
"The Retainers" (fronted by Bruce Green) won the prestigious ZSA Cup as the band that directly raised the most funds for the CBA Lawyers Benevolent Society by selling 124 event tickets.
• Lexpert Magazine • Cartier Financial Services • McKellar Group • The Wedgewood Hotel • Fitzpatrick & Associates • Larry Myers • MacKay Mynett • Interlock • ProGroup Sales & Leasing • First Canadian Title • Leitch Systems Design • Hemlock Printers • Canada Law Book • West Coast Title Search • Charest Reporting • Lyon, Flynn & Collins • BDO Dunwoody • B.C. Shorthand Reporters
Paul Seale and Howard Mickelson of "Still Living at Home" won the coveted Lexpert Cup for the best band, repeating their victory from last year.
• Triage Data Solutions • Malones Bar and Grill • Columbia Pacific Consulting • Kroll Lindquist Avey Co. • United Reporting • The Legal Freelance Center • Matz-Wozny Tailors • Office Essentials • Dave Ciavarro • Premiere Verbatim Reporting • Shadow Investigations • Coastal Trademark Services • Borden Ladner Gervais • Lawson Lundell
((
Murray Tevlin and Dan Burnett of"The Raindogs" electrify the crowd at the Commodore. August 2003
(L-R) Roger Holland, CBC's Rick Clujf(the evening's MC), Tom Woods and Derek Brindle, QC celebrate the event's success. The CBA Lawyers Benevolent Society was created in 1997 in response to concern for our colleagues and their families who had experienced crisis in their lives and needed help.
• Bull ·
Heusser & Tupper
Fasken Martineau DuMoulin
• Harris
& Company
31
Pat Pitsula Takes Helm at Pro Bono Law of B.C.
-
LEAF ~ FAEJ
West Coast LEAF Annual Breakfasts Watch for West Coast LEAF's annual fundraising breakfasts in Victoria in
Pat Pitsula is the new Executive Director of Pro Bono Law of B.C. (PBLBC). The Law Society of B.C. and the Canadian Bar Association incorporated PBLBC to promote access to justice by facilitating and coordinating opportunities for B.C. lawyers Pat Pitsula of Pro to provide pro bono leBono Law of B.C. gal services to people of limited means, and by supporting programs delivering pro bono services. PBLBC believes that pro bono should complement, not replace,
government-funded programs to ensure access to justice. Lobbying for a properly funded legal aid system is part of PBLBC' s mandate. The linking power of www.probononet.bc.ca, enables lawyers to respond directly to needs identified by communities. To learn how you may become involved in this innovative program visit the Web site or call604-893-8932. PBLBC is appreciative of funding from the Law Foundation of B.C., for both its operational expenses and also for the Poverty Law Training Project, that aims to support the private bar in providing pro bono poverty law services in B.C. •
October and Nanaimo in November. Both events are in recognition of Person's Day, the day women in
Vancouver Young Lawyer To Intern in Africa
Canada became legally recognized as persons. Dates and speakers will be announced closer to the event date. Visit West Coast LEAF's Web site in September for details: www.westcoastleaf.org
Congratulations to Delia Ramsbotham, a first year Associate at Davis & Company, who has been accepted into the Youth International Internship Program. Delia is one of 10 young lawyers across Canada selected for Delia Ramsbotham this worthwhile prowill intern in Africa gram. In September she will begin a six month work term in Windhoek, Namibia. The CBA administers the Youth International Internship Program which is funded by the
Department of Foreign Affairs and International Trade. Through this program, young lawyers are placed in eight-month internships (they are overseas for between six and seven months of that time) to work with human rights legal organizations in Southern and Central Africa and Latin America. The program has two objectives: to provide human rights legal organizations abroad with interns who have the expertise to make a professional contribution to their work; and to give young lawyers, at the start of their careers, international experience to help them obtain employment in the field of law and international human rights legal work. •
Member Dispute Resolution Program Stressed out from conflict or poor communication with a colleague or opposing counsel? Feel like you need some help resolving the problem, but it's not serious enough to call in the Law Society? The CBA has a new Member Dispute Resolution service, run by lawyer volunteers who will talk to you on a confidential basis to help work out disputes that aren't reportable 32
Law Society matters. This is your chance to talk the issue through with a lawyer mediator, and seek I -... discreet counsel on how to handle it. ~ ~ For more information, call the Member Dispute Hotline at 604-646-7864 or visit the CBABC Web site (www.bccba.org). • BarTalk Vol. 15/No. 4
r
CLE: New Books and Courses THE BUSINESS CORPORATIONS ACT DRAWS NEARER In preparation for the Business Corporations Act, work is being finalized on a brand new edition of the British Columbia Company Law Practice Manual. The two-volume publication will be the primary written resource for a two-day CLE conference, "The New B.C. Business Corporations Act-An In-Depth Analysis," in Vancouver on September 22 and 23, Victoria on October 2 and 3, and Kelowna on October 23 and 24. Early registration numbers for the conference are unprecedented at CLE.
The
Continuing Leqal Education
Society of Brit1sh Co[umbia
about trial preparation and strategy from 28 of Vancouver's top advocates and judges. •
In July, CLE published the Annotated British Columbia Builders Lien Act-2003, a new handbook for lawyers and others in the construction industry. A team of lawyers from Alexander Holbum Beaudin & Lang has created a guide that provides rapid answers to questions relating to construction projects and builders liens.
New Electronic Products at BCCLS Libraries BCCLS is pleased to
•
NEW B.C. LITIGATION RESOURCES HAVE ARRIVED
The Labour and Employment Law Transition Guide, another multi-author softcover, is designed to bring readers up-to-date with the sweeping changes to labour and employment legislation.
announce that as of June, 2003, all B.C. Courthouse libraries have access to two new Internet subscriptions: the British Columbia Statute
Service and the Canadian
CLE has introduced several new B.C.-specific litigation resources and, judging by a steady stream of orders, they are doing a good job of meeting practice needs: •
In April, CLE proudly rolled out the British Columbia Civil Trial Handbook, one of the largest publication initiatives from CLE in recent years. Key information was assembled
•
The newest CLE famil y law title, Understanding Financial Information: A Family Lawyer's Guide provides practical advice on how to obtain financial information and use the information to effectively determine income and divide assets.
For more information, visit www.cle.bc.ca, or call 604-893-2121 or 1-800-663-0437. •
Human Rights Reporter. The British Columbia Statute
Service contains the ongoing consolidation of the Revised
of B.C. 1996, the Regulations of B.C., and the
Statutes
British Columbia Statute Citator. The statutes in this service are more current than those published by the Queen's Printer on its
MS Society's VLAP Program Thanks Volunteers The Multiple Sclerosis Society's Volunteer Legal Advocacy Program (VLAP) has been in successful operation since January 2002 due to the dedication of the many lawyers who have donated their time and expertise to the program. The MS Society' s VLAP extends deep appreciation to its volunteer lawyers in recognition of their efforts to help people living with multiple sclerosis have access to justice and equality. Thanks to the following volunteer lawyers: Vaughan Allin; Sylvia Andrews; Kenneth Armstrong; JoAnn Carmichael, QC; Dick Chan; Seema Chaskar; David Christian; Tim Delaney; Diana Dorey; Vicki Easingwood; Del Elgersma; John Grover; Gordon Kopelow; Jan Lindsay; Tim Louis; Malcolm Maclean; Kirsten Madsen; Brian McCrea; Mary McManus; Edward Ng; Kathleen Packard; Elaine Reynolds; August 200 3
Alan Ross; Sonja Sanguinetti; Shawn Smith; and Sadie Wetzel.
MS
Multiple Sclerosis
Society of Canada
tl
VOLUNTEER Special thanks for the LEGAL ADVOCACY continued support and PROGRAM commitment of Charlotte Ensminger of Pro Bono Law of B.C., Glenn Gallins of the Law Centre and John Pavey of the Salvation Army Pro Bono Program. VLAP would also like to recognize the Law Foundation of B.C. and the Notary Foundation of B.C. for their funding.
free site. The B.C. Statute Service also provides a history of amendments to each statute whi le selected cases that interpret statutory language or intent are linked to the text of the relevant section.
The Canadian Human Rights
Reporter Internet subscription provides the full text of all the decisions in the
Canadian Human Rights Reporter, as well as recent unreported human rights decisions.
For more information on the program, or to volunteer for VLAP, please contact Adrianne Boothroyd at 604-602-3204 (or e-mail adrianne.boothroyd@mssociety.ca). • 33
Law Foundation of B.C.
THE@uw FOUNDATION OF BRITISJI CULLfMBIA
Grants Approved
Indoor Air Quality Conference
The Air and Waste Man-
The Board of Governors of the Law Foundation of B.C. met on June 14, 2003. Chair Don Silversides, QC is pleased to announce that funding totalling $5,965,437 has been approved for the following 74 programs and projects:
Continuing Programs
agement Association and
KETTLE FRIENDSHIP SOCIETY Mental Health Legal Advocacy Program$70,000
JUSTICE FOR GIRLS OUTREACH SOCIETY Street Level Outreach Legal Advocacy Program for Girls- $66,103
TOGETHER AGAINST POVERTY SOCIETY Legal Advocacy Program- $59,500
PORT ALBERNI FRIENDSHIP CENTRE
the newly formed Canad ian
B.C. COURTHOUSE LIBRARY SOCIETY
"Healthy Indoor Partner-
Operating Grant- $2,190,200
Legal Advocacy for Persons with Disabilities and Mental Health Issues- $58,960
ference on indoor air quali-
B.C. PUBLIC INTEREST ADVOCACY CENTRE
ty/healthy indoor environ-
Operating Grant- $486,800
Advocacy Services - $57,160
ship" (HIP) will co-sponsor an international policy con-
ment in Vancouver, September 28-30, 2003 . The conference will focus on Canada's IAQ/healthy indoor pol icies, guidelines and regulations, toxic mould and biological hazards; and design, construct ion and o peration of healthy sustainable buildings.
For more information on the conference, visit www.awma.org/events/ confs/lnti iAQ/default.asp .
CANADIAN BAR ASSOCIATION, B.C. BRANCH Dial-A-Law, Lawyer Referral and Law Week$247,100
ABBOTSFORD COMMUNITY SERVICES SOCIETY AND PROGRESSIVE INTERCUL路 TURAL COMMUNITY SERVICES SOCIETY Legal Advocacy Program- $90,000
ACTIVE SUPPORT AGAINST POVERTY LEGAL SERVICES SOCIETY PovNet Operating Grant- $55,000
MENTAL PATIENTS' ASSOCIATION Court Services Program- $45,000
CONTACT WOMEN'S GROUP SOCIETY Legal Advocacy Program- $40,000
SOUTH SURREY/WHITE ROCK WOMEN'S PLACE
B.C. COALITION TO ELIMINATE ABUSE OF SENIORS
Legal Advocacy Program- $40,000
Legal Advocacy Program- $90,000
Advocacy Project Grants
CRANBROOKWOMEN'S RESOURCE SOCIETY Travelling Poverty Law Advocate Program$81)02
KI路LOW-NA FRIENDSHIP SOCIETY Legal Advocacy Services for Aboriginal People Living Off-Reserve - $75,000
MOSAIC Paralegal Advocacy Program - $73,700
HAIDA GWAII LEGAL SOCIETY Legal Education/ Advocacy Project- $100,000
LILLOOET FRIENDSHIP CENTRE Advocacy Project- $100,000
NAWICAN FRIENDSHIP CENTRE Legal Advocacy Project- $100,000
UPPER SKEENA COUNSELLING AND LEGAL ASSISTANCE SOCIETY
KOOTENAY REGION METIS ASSOCIATION
Advocacy Project- $100,000
Aboriginal Family Law Program for East and West Kootenay Regions- $73,600
PENTICTION AND AREA WOMEN'S CENTRE
SUPER PAGES
Advocacy Project- $99,724
Advertisement of Public Legal Services$71,100 34
BarTalk Vol. 15/No . 4
KAMLOOPS AND DISTRICT ELIZABETH FRY SOCIETY
MOSAIC
Poverty Law Advocacy Project - $88,625
Public Legal Education for Advocates Supporting Newcomers- $50,000
NICOLA VALLEY FAMILY JUSTICE SERVICES SOCIETY
COMMUNITY LEGAL ASSISTANCE SOCIETY
Advocacy Project- $85,715
Poverty Law Advocacy Needs Assessment Project - $44,500
NANAIMO CITIZEN ADVOCACY ASSOCIATION Advocacy Project- $80,250
SOCIAL PLANNING AND RESEARCH COUNCIL OF B.C. Poverty Law Needs Project- $42,500
PRINCE RUPERT UNEMPLOYED CENTRE SOCIETY Advocacy Project- $34,000
Project Grants B.C. LAW INSTITUTE Community Law Reform Project- $75,000
CANADIAN BAR ASSOCIATION, B.C. BRANCH Translate Dial-A-Law Phone Tapes into Punjabi and Cantonese - $75,000
INTERNATIONAL INSTITUTE FOR CHILD RIGHTS AND DEVELOPMENT Research and Education Initiative on Child Participation in Family Court- $75,000
LEGAL SERVICES SOCIETY Public Legal Education and Information Needs Assessment- $75,000
PRO BONO LAW OF B.C. SOCIETY
KERMODE FRIENDSHIP CENTRE Restorative Justice Workshops and Handbook - $40,000
NANAIMO MEN'S RESOURCE CENTRE Family Law Education Workshops- $35,000
PEOPLE'S LAW SCHOOL SOCIETY ESL Initiative - $33,819
PRINCE GEORGE HOUSING COALITION Landlord/Tenants' Clinic/Workshops $28,625
B.C. COALITION OF PEOPLE WITH DISABILITIES Disability Benefits Appeal System Legal Education - $23,774
LAW COURTS EDUCATION SOCIETY Coordination of Services for Self-representing Litigants - $20,000
Poverty Law Training Project- $75,000
Small Project Grants
411 SENIORS CENTRE SOCIETY AND REPRESENTATION AGREEMENT RESOURCE CENTRE
A list of the 28 Small Project Grants totalling $258,580 approved at the June 14, 2003 Board of Governors' meeting will be included in the next issue of BarTalk and can be viewed at www.lawfoundationbc.org (see Summer 2003 Bulletin). •
Seniors and the Web Legal Information - $70,000
B.C. DISPUTE RESOLUTION PRACTICUM SOCIETY Family Mediation Practicum Pilot- $65,000
CONTINUING LEGAL EDUCATION SOCIETY Family Law Materials Addition to CLE Web site- $65,000
LAW SOCIETY OF B.C. Post-Call Education and Competence Support - $55,000 August 20 0 3
Send Letters to the Editor to: Caroline Nevin, BarTalk Senior Editor Canadian Bar Association, B.C. Branch lOth Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Fax: 604-669-9601 Toll free fax: 1-877-669-9601 E-mail: cnevin@bccba.org
BarTalk is published six
times per year by the British Columbia Branch of the Canadian Bar Association, lOth Floor 845 Cambie Street Vancouver, B.C. V6B STl TEL: 604-687-3404 TOLL FREE in B.C., outside the Lower Mainland: 1-888-687-3404 FAX: 604-669-9601 TOLL FREE in B.C., outside the Lower Mainland: 1-877-669-960 I • SarTalk Senior Editor: CAROLINE NEVIN 604-687-3404, EXT. 320 cnevin@bccba.org • BarTalk Editor: SANDRA WEBB 604-687-3404, EXT. 318 slgwebb@bccba.org • Editorial Board Chair: KENNETH ARMSTRONG karmstronglaw@ shaw.ca • Editorial Board Members: VIKKI BELL, QC WILLIAM S. CLARK DIANA DAVIDSON KAY MELBYE CHRISTINE MINGlE © Copyright the British Columbia Branch of the Canadian Bar Association-2003. This publication is intended for information purposes only and the information contained herein should not be applied to specific fact circumstances without the advice of counsel. The Canadian Bar Association, B.C. Branch represents more than I 0,000 members within British Columbia and is dedicated to improving and promoting access to justice, to reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.
35
Classified Ads - - -- - - UVIC GRAD SEEKS ARTICLING OPPORTUNITY in September or January. Call John at 250-592-8234 or carlisle@uvic.ca ASSOCIATE with 0-2 years experience required . Send resume and law school transcript(s) in confidence to Fleming Olson & Taneda, Langley, B.C., fax: 604-533 -8749 attention : Donald C. MacDougall or e-mail: donmacd@paralynx.com. SEEKING LITIGATION AND MATRIMONIAL Lawyers to join with an established group oflawyers (mainly solicitors) in a cost sharing office in West Vancouver. Please contact Julian Porritt ofVeritas Law at 604-9259260 or jrp@veritaslaw.ca . LITIGATION/FAMILYLAWYER,2-5years experience required for Duncan law firm . Please forward resume, in confidence to Donald R . Orchard, 321 St. Julian Street, Duncan, B.C. V9L 3S5.E-mail: orchard@orchardandco.ca
WCB Do you need help with WCB problems? Are you Plaintiffs counsel facing an ICBC Section 10 defence?
-
604-267-3033 -
• • • •
Extensive experience with WCB appeals Vice Chair at Review Board for 6 years Personal injury litigation for 25 years Available for WCB appeals, expert opinions, court applications and trials.
Vahan A. Ishkanian Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito.ca 1100-1200 W 73rd Ave Vancouver V6P 605
Required : 2-4 year call fo r an active, growing, general solicitor practice in a small B.C. Interior community. Good prospect of partnership for the right person who evidences skilled, selfstarter, congenial qualities. Professionally satisfying, financially rewarding position . Excellent lifestyle opportunity . Reply in confidence to : cb_richardson@hotmail.com JUNIORLITIGATIONLAWYERSWANTED-Vemon,B .C. Nixon Wenger, North Okanagan's largest law firm is seeking two Junior Litigation Lawyers. Nixon Wenger is a law firm of 15 lawyers that has both a national and an international client base. Salary and Compensation package commensurate with experience. Please e-mail resume in confidence to the attention of: Douglas G . Lem iski at dgl@nixonwenger.com or fax 250-542-7273 . COST SHARE with other lawyers in downtown office. All systems in place. Solicitors preferred, but barristers welcome to apply. Referral of work available for those with less than full practice. Pay either by fixed cost or percent of billings. E-mail cba@bccba.org attn: "Box 103" NEW OFFICE SPACE FOR LEASE Broadway at Burrard St. 4,000 sq. ft. Air conditioned, one floor, clear span, private elevator, outside terrace area, will partition to suit, parking, competitive rental rate. Please contact owner: T.G. Peters 604-224-0989. Office for sublet within existing 5 person law practice. Downtown Vancouver at 12th fir, Bute and Georgia. Networked. ViewofCoal Harbour. Contact K. Cawkell or S. Brodie at 604-6843323 or by e-mail at kcawkell@cawkell.com SEEKING A CONVEYANCING LAWYER to buy a busy East Vancouver practice. Wills, mortgages & real estate. 80K. 604-240-9930.
Central Alberta solicitor's practice for sale. For information call R. Wyrozub 403 -783 -5521. ATTENTION VANCOUVER ISLAND & LOWERMAINLANDATTORNEYS :Would anyone having assisted Gertrude Ann Sim and her husband Richard, with updating their last WILL, or having knowledge of its whereabouts, please contact Richard's POA and brother, John F. Sim at 604-936-4366. Advertise online! www.bccba.orghas 2 areas to advertise. See the HRarea & the Lawyer Lounge.
Advertising CLASSIFIED AD RATES CBABC members ............ .. ...... $25 per line Non-Profit Organizations ..... .. . $30 per line Commercial Organizations .. .. ... $40 per line Next deadline: September 12 DISPLAY AD RATES 3 x 1 column CBABC members .. .... ... ... .. .. ... ... ...... ... $450 Non-Profit Organizations .. .. ... ............ $575 Commercial Organizations .... .. ....... .. ... $750 1/3 page CBABC members ................. .. ......... $1,300 Non-Profit Organizations ... .. ... .... .... $1,600 Commercial Organizations ..... ..... ..... $2,200 Next deadline: September 12 INSERT RATES (all ofBC) CBABC members ....... ...... ...... ....... .. $ 1,200 Non-Profit Organizations .. .. ...... ...... $1,400 Member Services .... ..... ... ...... ......... .. $ 1,7 50 Commercial Organizations .. .... ... ..... . $2,000 Next deadline: September 19 Next mailing date: October 10 Please direct advertising inquiries to Sandra Webb at 604-646-7856 or 1-888-687-3404, ext. 318 (e-mail cba@bccba.org).
Member Services CBABC members have access to a wide range of products, services and discounts. Member Services is continually adding and looking for ways you can get the most out of your membership! Visit www.bccba.org for new additions. Your input is always welcome - send your suggestions to kjohnson@bccba.org. Member Services Hotline: 604-687-3404, ext. 500 or 1-888-687-3404, ext. 500.
CBABC PREFERRED HOTELS The CBABC Member Services Committee works hard to negotiate special rates with preferred hotel suppliers. We need the help of members to ensure bookings are made at our preferred hotels under the CBABC agreement. This way, we have greater bargaining power when negotiating rates. We have requested that our preferred hotels transfer all bookings made by B.C. lawyers to their CBABC accounts. 36
When making a reservation with a CBA preferred supplier, please book as a CBABC member.
MEMBER SERVICES UPDATE In October, Member Services information will be presented as a BarTalk insert. The information will include a current list of Member Services and Preferred Suppliers, and announcements about new promotions and products. • BarTalk Vol. 15/No. 4