TRU LAW SCHOOL | REAL Initiative | Skilled Lawyer Series
AUGUST 2010 | www.cba.org/bc
Photo Journey of the New UBC Law Building Page 2
EVENTS BarTalk Editor
Cover photo (L-R): On April 15, 2010, Chair Mary Mouat of the Law Foundation of B.C. and Dean of the UBC Faculty of Law Mary Anne Bobinski are helping to pour the foundation for the new UBC law building.
Deborah Carfrae
Editorial Board Chair
NEW UBC FACULTY OF LAW BUILDING
Dierk Ullrich Editorial Board Members
Demolition of old building in Feb. 2010
Paul Arvisais Katharina Byrne Carol Anne Finch-Noyes Nicole Holas Beverly MacLean Jack Micner Jennifer Spencer Greg Stacey Craig Watson Michael Welsh
Construction progress as of June 24, 2010
Rendering of the new building, which is scheduled to open in August 2011. For more information go to www.law.ubc.ca/building.
bartalk Senior Editor
Joanne R. Silver Staff Contributors
Bianca Bishop Trisha Jewison Jineane Payne Julie Rankin Jennifer Weber The B.C. Branch of the Canadian Bar Association, 10th Floor, 845 Cambie St. Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@bccba.org
BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association and is available online at www.cba.org/bc.
BartalkAd.ai 5/10/2010 10:22:31 AM
© Copyright the British Columbia Branch of the Canadian Bar Association 2010. This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel. The British Columbia Branch of the Canadian Bar Association represents more than 6,500 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.
BarTalk Publication Sales Agreement #40741008
Canadian Bar Association Canadian Legal Conference August 15-17 • Niagara
Send your Letters to the Editor to: C
Exceptional
M
education,
Y
inspiring speakers
CM
and spectacular
MY
sights!
Deborah Carfrae BarTalk Editor The B.C. Branch of the Canadian Bar Association Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 Email: bartalk@bccba.org
CY
CMY
Featuring keynote speaker Dr. Paul Krugman
K
Register online at www.cba.org/niagara2010 INFLUENCE. LEADERSHIP. PROTECTION.
2 BarTalk / AUGUST 2010
Write Us
Note: BarTalk undertakes every effort to publish letters to the editor, subject to space and editorial discretion. Letters to the editor can also be found in BarTalk Online at www.cba.org/bc.
AUGUST 2010
volume 22 / number 4
Contents
Departments
4
From the President Thank You by James M. Bond
5 Executive Director Wellness is a Professional Issue by Caroline Nevin 6 Nothing Official A Really Big Shew by Tony Wilson 7 On the Web Online Registries: Articles and Mentoring by Patricia Jordan 8
Practice Talk Technology in Law Schools by David J. Bilinsky
9 dave’s tech tips
Sections
10 Section Update Labour Law Administrative Law – Vancouver Employment Law International Law 11
Using the CBA PD Tracking Tool
Features & Guests
12 Thompson Rivers University Law School by Brenda Craig 13 Reflecting On the Year Gone By by Michael Litchfield 14 Shaping an Effective and Responsive Justice System by The Honourable Michael De Jong, QC 15 CBABC Work Life Balance by CBABC WLB Section
Inside This Issue There seems to be a lot of construction going on. Two new buildings are being built to accommodate law students: UBC Faculty of Law (pp. 1-2) and Thompson Rivers University Law School's new House of Learning, (p. 12), both of which should open in 2011. A welcome opportunity to focus this issue on Legal Education: read, for example, how the REAL Initiative has successfully linked students and lawyers throughout small communities and rural areas in B.C. (p. 13). If you have topics or themes that you would like to discuss or read about in BarTalk, please let us know (bartalk@bccba.org).
News and Events 2 New UBC Faculty of Law Building Photos 18 Skilled Lawyer Series 19 CBABC Mentorship Program Why Hire an Articling Student CBABC Women Lawyers Forum – Fall Event 20 Supreme Court Resources The UBC Law Plan CLEBC Update 21 Legislative Update Branch & Bar Calendar The Winner Is Being an Active Citizen – www.BCCitizenship.ca 22 Pilot Project Vancouver Battle of the Bar Bands Land Title Act Amendment Public Commission on Legal Aid Opening of the Vancouver JAS
Also In This Issue
2
EVENTS
23 GRANTS APPROVED
16 IBA Annual Conference Madrid 2009 by Danya Chaikel
24 PROFESSIONAL DEVELOPMENT &
17 Leaving Lonsdale by John Lakes
25 DISPLAY ADS
Member Services
26 Bar Moves 27 New Members August 2010 / BarTalk 3
From The President James M. Bond
Thank You That was an unforgettable experience.
W
inston Churchill once said, “You make a living by what you get, but you make a life by what you give.” I believe that what Mr. Churchill meant was that our lives are enriched by volunteering – and if I am right, then there could be no more apt description of my time with the Canadian Bar Association than Mr. Churchill’s quote. We lawyers are volunteers by nature. The drive to change the world for the better – or at least to have an impact on the environment around us – is what brought many of us to law school to begin with. Law school courses on professionalism and ethics and the mentoring provided by fellow members of the profession hone our sense of volunteerism. While a strong sense of volunteerism is not by any means limited to the members of our profession, we are uniquely situated to harness it in a way that no other profession can – to defend and protect the rule of law and administration of justice. Granted, many of us learn what the rule of law is, and the impact it has on the proper administration of justice in our society, in law school. However, I believe that many of us are drawn to law school, and to our profession, because we have an innate sense of what is just and fair and what is unjust and unfair. For most lawyers, the need to stand up and speak out in our communities is hard-wired. The Canadian Bar Association is filled with lawyers who stand up and speak out for members of their communities, their profession and people elsewhere. The British Columbia Branch, in particular, is an extremely healthy, dynamic and focused organization – due in large part to the energy and
4 BarTalk / AUGUST 2010
commitment of its many volunteers. My time as President of the British Columbia Branch has, without a doubt, been the most rewarding volunteer experience I have ever had. Members of our
“You make a living by what you get, but you make a life by what you give.”
— Winston Churchill
organization are thoughtful, intelligent and hard-working – and they make a significant difference in the world. I thank you for allowing me to hold the position of President in such a unique and dynamic organization. I should also say that significant involvement in any organization
is not without some cost – not just for the volunteer, but for the volunteer’s family and work colleagues. I therefore would like to thank in particular my partner Brad, who accepted all of my time away from home and last minute cancellations to our evening and weekend plans with good grace and humour, and to thank my partners and the other lawyers and staff at Lang Michener LLP, as I simply could not have held this position and managed a private practice without all of their significant support during the last year. Lawyers are volunteers by nature, and there are many great causes that we can and do give our time to. However, there is nothing that can match the experience of collaborating with others who share a passion for our profession, the justice system and the rule of law. The CBA provides just that experience. If you have considered becoming involved with the CBA, I urge you to do so. I am sure that you will find it as rewarding as I have.
James M. Bond
president@bccba.org
executive director caroline nevin
An Ounce of Prevention We all know what to do – just do it!
N
o-one has yet given us a name, but I belong to a small, time-specific demographic segment of the population; let’s call us Gen A. We were adults at the time that a death sentence called AIDS was first declared upon people we cared about, their partners and families. There was no reprieve, no treatment and no cure. Our social circles had empty seats and our celebrations had ghosts among us. Time has worked miracles in terms of preventative lessons and life-extending medications, and those early days now seem very far away. So why bring it up now? Perhaps, like other Gen A’s, I feel compelled to speak up in the face of unnecessary and preventable suffering. When it comes to the legal profession, there is much that can be done – individually and collectively – to prevent many illnesses and deaths. All of us know that the lawyer population is “aging.” Thirty seven per cent of B.C. lawyers are between 50 and 65 years old, and another 700 are even older. Many key diseases show up after 50. If there was a single action that could be done to prevent unnecessary deaths among lawyers, it would be mandatory participation in readily available screening programs: for men, an annual prostate check-up; for women, an annual PAP smear, regular breast self-checking and mammograms; and for both men and women, colon cancer checks. Prostate cancer is a particular concern because more than threequarters of lawyers older than 50 are men, and one in six will be diagnosed with it in their lifetime. It’s one of the amazing facts of modern medicine that if prostate cancer is caught early enough, there is a 90 per cent chance of a cure. And catching it is easy – so long as you turn up at your physician’s office and get a check-up. Men are notoriously bad at taking
that simple step (I’m not making this up; research proves it). Another “killer” in the profession is mental illness. Life in law is often described as stressful. Stress in and of itself is not always bad; we perform at our best when we are focused, alert and yes, somewhat stressed. But after genetic factors, prolonged stress and a lack of self-care (they often go together) are the most dangerous threats to mental health. The statistics are profound: lawyers are twice as likely as the general population to be dealing with addiction, more than 3.5 times more likely to suffer from depression, and more than twice as likely to commit suicide. Many of us know exceptionally gifted colleagues, like Rob Gourlay and others, who have struggled with these silent illnesses. If you need help, lawyer-friendly services are easily available through LAP, Interlock and other providers. Reaching out is the single
most important preventative step anyone can take. Cardiovascular problems – which are also exacerbated by stress and poor self-care – are second only to cancer as the leading cause of death in B.C. This is where even young lawyers should pay particular attention. Your heart and cardio tissue rarely break down suddenly; your choices now about diet, lifestyle and exercise really do either help prevent or guarantee problems later. Gen A’s are not doomsayers; in fact, we are optimists. We believe that smart people armed with good information will make good choices. The problem is that lawyers are not your average “smart people.” There is an essential but deadly instinct in all of you to look after others before yourselves. But if we are to survive to do our part to make a difference in the world, every lawyer – and law firm – has to commit to taking action to prevent illness and promote wellness. Take it from those of us who lived through a time when prevention education came too late.
Caroline Nevin
cnevin@bccba.org August 2010 / BarTalk 5
nothingofficial TONY WILSON
A Really Big Shew Much ado about The Lawyers Show.
M
y colleagues, clients, friends, enemies, doctors, telemarketers, contractors, pool cleaners, sailing buddies and former Keg waiters were shocked and awed to learn that I had agreed to perform the role of an Evil, but misunderstood Shakespearean Lord with 49 words to say in “The Lawyers Show” in May. The play was As You Like It, a little light entertainment by Will Shakespeare, something with far better dialogue than a rerun of “Three’s Company,” but a similar plot line to about a third of the episodes I ever saw of the sitcom. This proves my point that if Shakespeare were alive today, he’d probably be writing episodes of Two and a Half Men, How I Met Your Mother and Blackadder. (“The Horror. The Horror” I hear Christopher Gaze saying.)
Someone asked me what As You Like It was about, so I told them, in all seriousness, that it was the story of an Evil but misunderstood Shakespearean Lord with only 49 words to say. If I told them it was about wrestling, cross-dressing, the vagaries of love and a plotline resembling a season of Three’s Company, attendance might have gone down. (Or up. It’s Vancouver after all.) But why on earth did I, your humble scribe lo these many years, born and raised in charming, leafy and tweedy Oak Bay, decide to act in a Shakespeare play on Granville Island? Well, many in the cast would say I didn’t act at all, so that solves that little conundrum (Bada-boom)! I stumbled a few times, blocked the lead actor and almost forgot my lines on the very first night. By the fourth night, (good thing there weren’t twelve nights or that would have been a really obvious Shakespearean joke), I stood in the right spot and yelled out my lines like an Evil Lord should – with piss and vinegar, volume and bravado. And 6 BarTalk / AUGUST 2010
of course, sheer evil. Then, when all my scenes were done in the first act, I scuttled off to the bar for a Corona until curtain call and emailed an old friend in Victoria about a restaurant deal. But “acting?” No. Not compared to the others. I did The Lawyers Show because it was fun. I did it because it was for charity. But I principally did it because I have never acted before in anything in my life. It isn’t easy to act, but my debut was smoothed over by a contingent of other lawyers who had, and who were astounding to work with. A director, stagehands and other professionals experienced in the art of herding cats made for an unforgettable first act. As I wasn’t in the second, I have no idea what happened. I think everyone got married. Even the stage manager. Of course, some of my friends were convinced that the play, when coupled with the Miata and the skyscraper jumping business I’m
doing in September (operators are standing by for donations) is insurmountable evidence of some sort of mid-life crisis, and that I should be committed, with appropriate meds and golf clubs, to live out the rest of my halcyon days in a leafy and minivanned suburb…like Oak Bay. To them I would misquote William Shatner, not William Shakespeare. I am boldly going wherever I go these days, and getting a life in the process. You rarely regret the things you do in life on your deathbed. It’s the things you didn’t do that you regret. I hope to have no regrets. Besides, although I can’t act worth a damn, I can write. One of the other actors acknowledged this over drinks on closing night. “Tony, maybe you should write next year’s play… that would really make it a Lawyers Show.” Mmmmmm. Exploding law firms? My unpublished book about the Keg? Sharks? Old BarTalk columns? Sounds like something else for my bucket list. Good thing I know some actors now. Tony Wilson is a Franchise, Trademark and Intellectual Property Lawyer at Boughton in Vancouver. twilson@boughton.ca. Note: The 2011 Lawyers Show will take place May 4-7, 2011. www.carouseltheatre.ca/index.php?option=com_ content&task=view&id=86. GO ONLINE FOR MORE INFORMATION
ontheweb patricia jordan
Online Registries: Articles and Mentoring Serving the legal profession in British Columbia.
T
he British Columbia Branch of the Canadian Bar Association (CBABC) developed the Articles Registry at the request of the Law Society of British Columbia (Law Society), in response to the needs of law firms and law students in British Columbia. The Registry provides law firms with an opportunity to post multiple articles with varying criteria. Law students can search for available articles by interest, location and start date. A link to the Registry is available on the CBABC home page at cba.org/bc and on the Law Society website. Shared Articles Registry In 2006, the CBABC, the Law Society and Faculties of Law at the University of British Columbia and the University of Victoria identified a need amongst law firms and law
students for a Shared Articles Registry. The goal of the Registry was to make shared articles more accessible and provide a centralized resource for law firms and law students who are interested in the shared articles option in British Columbia. The Registry is a searchable database where firms may post their need for an articled student, specifying length of articles available and practice areas. It is available at cba.org/bc in “Practice Resources,” under “Legal Careers and Articles Registry.” Mentoring Registry Recently, the Law Society approved mentoring as an accredited activity to fulfill the Law Society’s mandatory continuing professional development (CPD) requirements. The Law Society identifies mentoring, for the purposes of CPD credit, as a relationship in which a lawyer (mentor) with experience or expertise in a practice area or practice skill provides
guidance or advice in support of the professional or practice goals of another lawyer, or an articling student in another firm (mentee) who requests assistance.
The Articles Registry provides law firms with an opportunity to post multiple articles with varying criteria. The CBABC developed a Mentoring Registry for the Law Society to assist members of the legal profession. It is an online resource that connects mentors and mentees by area of law and location. The Registry can be accessed through links on both the Law Society and CBABC websites.
Did You Know? The CBABC established two subcommittees under its “Court Rules Implementation Monitoring Initiative” to monitor the implementation of the new Supreme Court civil and family law rules. The subcommittees’ mandates are to gather feedback about the new rules and distribute information to the membership about how the new rules are being interpreted. Learn more at cba.org/ bc under “Initiatives.” CBABC Web Facts
Since January 1, 2010, HR ads and BarTalk inserts were downloaded more than 86,000 times. Dial-A-Law scripts were viewed online more than 2,500,000 times since January. The top five Dial-A-Law scripts read online are: 1. Applying for Employment Insurance Benefits 2. Your Duties as Executor 3. Termination Under the B.C. Employment Standards Act 4. Drinking and Driving 5. Possession of Marijuana.
Patricia Jordan is the CBABC Web Manager. She welcomes your comments, questions and suggestions. Tel: 604-646-7861; Email: pjordan@ bccba.org; visit: www.cba.org/bc. GO ONLINE FOR MORE INFORMATION
August 2010 / BarTalk 7
practicetalk david J. bilinsky
Technology in Law Schools Learning in Virtual Worlds. My music can be slightly amusing. You shouldn't take lyrics so serious. It might be confusing. Trying to separate the truth from entertainment...r – Music, Lyrics and recorded by: Marshall Bruce Mathers III (Eminem) r
V
ideo games in law school? Is that the future of legal education? According to Paul Maharg, one of the contributors to the Zeugma blog that focuses on legal education, technology, rhetoric and legal theory (http://zeugma.typepad.com/) and author of the book: “Transforming Legal Education” (www.transforming.org.uk/), that is a distinct possibility. Maharg is working with CALI (the Center for Computer-Assisted Legal Instruction – www.cali.org/) to create
software that enables legal educators to run legal practice simulations. According to the Law School Innovation blog (http://lsi.typepad.com/lsi/teaching_pedagogy/), this SIMPLE (SIMulated Professional Legal Education) software provides: “a framework for students to engage in transactions typical of real-life legal practice, providing the kind of contextualized knowledge and skill” that a Carnegie Foundation study (and others) have demanded. The LSI blog notes that this context-rich simulation is very effective at teaching knowledge, skills and values. It uses virtual worlds with “twisting plots, colorful characters and devious puzzles.” “Students become protagonists who grow in strength by overcoming challenges. Non-Player Characters (“NPCs”) present most of these challenges, whether as the client in need of rescue or the witnesses guarding precious evidence. Fictional websites provide a virtual landscape 8 BarTalk / AUGUST 2010
for the students to explore in order to build their cases. And battle is joined not with the clash of swords but the exchange of documents. All of this might make for a poor adventure film, but it can add up to a believable, even exciting, legal conflict.” Students enter as associates of Kerrigan, Burns & Robertson who have been retained to represent a company that has been sued on a slip and fall in the fictional town of Ardcalloch, Scotland. Another team of students represent the Plaintiff. “Students then engage in both informal and formal discovery, wandering through Ardcalloch via the town’s online directory listing and virtual map (think fictional Yahoo directory and Mapquest pages). They might, for example, contact the local landscaper responsible for maintaining the area where the fall took place; within a few hours or days, they should (if they made a
well-formulated request) get a witness statement. (Behind the scenes, what’s really happening is that the students send a SIMPLE message to the simulation staff, who assume the role of the landscaper and respond to the request in a manner consistent with the landscaper’s version of the facts and with the character’s personality.)” “As the team builds their evidentiary case, they revise their overall strategy. For example, the team might uncover new data that contradict the client’s initial statement of facts, forcing further discussion with the client and perhaps a revision of the overall theory of the case. At some point the two teams meet and negotiate a settlement (court action falls outside the scope of the simulation). The teams then step out of role and review their own performance and learning.” Is this Computer-Aided Instruction new? Well, perhaps for some but certainly not for all. The CALI Excellence for the Future Awards Continued on page 9 >>> The views expressed herein are strictly those of the author and may not be shared by the Law Society of B.C.
David J. Bilinsky is the Practice Management Advisor for the LSBC. Email: daveb@lsbc.org Blog: www.thoughtfullaw.com GO ONLINE FOR MORE INFORMATION
dave’s techtips Can One Be Too Frugal? Anyone who runs a business knows that it is profitable only if you have funds left over after paying all the bills. This enforces a common-sense mentality in ensuring that your costs don't get out of control. However, in some offices the principle of saving money is taken to such an extreme that their frugality is actually costing them money. Here are some examples from across North America: A firm was looking for a
technician to fix their computer system as it "was always crashing." On inquiry, it is revealed that they were limping along with 10 yearold computers. A lawyer wanted his homegrown Excel-based accounting "system" audited to ensure that it met all
accounting standards (perhaps he should have gone into accounting rather than practice law?). A lawyer lost all his documents due to a harddrive crash. He had no backup system (such as a $250 external USB Hard Drive backup). The lawyer who didn't put names on the file folders so they can be re-used more easily (old file contents get dumped in the pile "over there"). While his assistant sometimes got confused on whether the phone numbers written on the file folders related to this file or one of the earlier ones, he assured us that “he always knew.” The lawyer who only bought file cabinets for closed files as he liked to: “keep the rest handy.” — He had a minimum of seven piles on the desk and floor: (1) To Do today; (2) To Do earlier this week or so that he didn't get to; (3) Waiting to hear from someone; (4) Thinking about what to do
next; (5) Might be ready to close but he needs to check; (6) Ready to close but no room in that file cabinet; and (7) To be sorted in the right pile. The law firm that was hit with paying civil penalties as a result of using pirated software. Someone once said that time = money. We can spend time in making money or we can spend time in saving money. Each of us need to find a reasonable balance between how we use the limited (and fixed amount) of time given to us on the twin tasks of producing work and on saving expenses. Hopefully we can recognize that not spending money can in some cases, result in lost time – and the indirect cost of spending too much time being frugal is letting our lives slip away between our fingers.
\\ This is an excerpt of a blog post on thoughtfullaw.com at: http://bit.ly/aYtzHR. GO ONLINE FOR MORE INFO
Continued from page 8
(www2.cali.org/index.php? fuseaction=excellenceawards. home) recognizes excellence achievement by law students in these studies. The award is given to the student with the highest grade in their class. Awardees receive a printed certificate as well as a permanent URL VirtualAward that they can link to from their online
resumes or biographies (www2. cali.org/excellenceawards/images/ SampleAward.gif). There have been 146,754 awards given from among 107 participating law schools. Unfortunately, only U.S. law schools who are members of CALI qualify at this time. This learning environment offers
immersive, effective learning in a hands-on (albeit virtual) environment. While some might find this virtual environment simply amusing, there is no question that it holds great promise for the future of legal education. What is interesting, of course, is trying to separate the truth from entertainment. August 2010 / BarTalk 9
sections section update
Labour Law
Mr. Laughton began a Keep Current A review of udiscussion on undertakings. explained how they are provincial Section meetings. He often used too freely by lawyers
Labour Law Meeting: May 7, 2010 Speakers: (pictured left to right) Gavin Hume, QC, Stan Lanyon, QC and Bruce Laughton, QC Topic: Ethical Issues Arising in the Practice of Labour Law
Administrative Law Vancouver Meeting: June 15, 2010 Speaker: B.C. Ombudsperson Kim Carter (pictured left with Barbara Buchanan, Chair) Topic: The Ombudsperson and Civil Society: A B.C. Perspective
Employment Law Meeting: May 25, 2010 Speakers: (pictured left to right) The Honourable Bruce M. Greyell and Allan E. Black, QC Topic: Tips for Effective Advocacy before Administrative Tribunals/Boards
and that lawyers should be more reluctant to give them. Further, that prior to giving an undertaking, a lawyer must ask themselves whether an undertaking is actually necessary in the circumstances. Mr. Lanyon talked about the legal framework of mediation and explained that the Legal Profession Act does not require mediators to be lawyers. Mr. Hume noted that there is an obligation to treat other members of the Bar in an appropriate and good faith manner. Additionally, the candid and courteous treatment provided to the court must also be carried over toward members of administrative tribunals, which is not always the case. Mr. Lanyon echoed the latter point as it relates to the Labour Relations Board. He went on to add that you will not always remember the cases that you won or lost, but you will always remember how you were treated by the other side.
Administrative Law On June 15, 2010 B.C. Ombudsperson Kim Carter addressed the members of the Administrative Law Section in Vancouver. Ms. Carter discussed how the oversight by her office (renamed in 2009 during its 30th anniversary) has grown to be the most expansive in Canada, now including local governments, school and school boards, health authorities, professional associations and
u International Law Meeting: May 26, 2010 Speaker: Gib van Ert Topic: Using International Law in Canadian Courts
10 BarTalk / AUGUST 2010
colleges and universities. The Ombudsperson remarked how her office, with a jurisdiction that was very broadly defined by the Supreme Court of Canada in the 1984 landmark BCDC decision, helps ensure that the administrative practices of provincial and local public agencies are fair and reasonable, thereby providing an alternate route to justice in B.C. Information about the Ombudsperson Office as well as all special and annual reports can be found at www.ombudsman.bc.ca.
Employment Law At the recent Employment Law
u Section meeting, The Honour-
able Bruce M. Greyell and Allan E. Black, QC presented “Tips for Effective Advocacy before Administrative Tribunals.” Justice Greyell and Mr. Black discussed some of the key distinctions between appearing in court versus before an administrative decision-maker. In addition, they emphasized practice points that are important to observe in both forums. Among the great tips presented at this meeting, the guest speakers reminded the audience of several key aspects of effective advocacy generally. Justice Greyell and Mr. Black also noted that many litigation practice points are equally applicable regardless of forum. A good advocate is able to focus on the main issues and be concise and to the point. Respect, politeness and consideration between counsel is fundamental before any decision-maker. The meeting capped off a great year of great topics and speakers for the Employment Law Section. If members have topic suggestions for the upcoming 2010/11 term,
they are encouraged to contact Eleni Kassaris, Section Chair at eleni.kassaris@blakes.com.
International Law On May 26, the International Law Section hosted a professional development session at Davis LLP on the use of international law in Canadian courts. Gib van Ert of Hunter Litigation Chambers provided attendees with an explanation of the various means by which international law influences Canadian law and judicial decisions. He explained that Canadian treaty obligations were only part of Canadian law after implementation by Parliament or the appropriate provincial legislature, but that that rule was often difficult to apply given the varied forms that legislative implementation often takes. This was contrasted with customary international law, which is automatically part of the common law. Noting the declining influence of customary international law, Mr. van Ert suggested that the most powerful use of international law in Canadian courts may be found in the presumption of conformity – that is, a presumption of statutory interpretation that our law will be interpreted to conform with international law unless a contrary interpretation is unavoidable.
u
Don’t forget to enrol in Sections for 2010/11! For enrolled CBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in Sections under Professional Development.
Using the CBA PD Tracking Tool The Professional Development Tracking Tool is available to CBA members exclusively as a benefit of membership and can be found at www.cba.org/pd. Attendance at CBABC Professional Development and Section meetings is added to the Tracking Tool after the meeting has completed and sign-in sheets have been returned. The Hours Attended field will be defaulted to 0.00. Members can follow the Edit link to the Events Detail page to amend the hours attended. The number of hours accredited for the meeting will be provided as reference on this page. Members can also use the PD Tracking Tool to keep track of non-CBA events. On the Law Society of B.C. website, Section meeting attendance is recorded under the individual Section rather than by topic. Search for the Section under which the hours should be applied, and use the course dates of January 1, 2010 to December 31, 2010. PD Seminars can be found by the title and date of the seminar.
For more information on \\ how to report your Professional Development hours go to www.cba.org/bc/pd/main/ report_hours.aspx.
GO ONLINE FOR MORE INFORMATION
August 2010 / BarTalk 11
features BRENDA CRAIG
Thompson Rivers University Law School Opens in the fall of 2011.
T
he country’s first new law school in 35 years is a landmark achievement for B.C.’s Thompson Rivers University (TRU) and a significant event in the history of legal education in Canada. The TRU school of law will open its doors to students in the fall of 2011 with high profile academic and former politician Chris Axworthy as TRU’s first Dean of Law. It’s a job he says that was difficult to resist. “By definition it’s a once in a lifetime opportunity,” Axworthy says. “Given the opportunity to start something brand new, I don’t think anyone would turn this down.” Strategically placed in the community of Kamloops, the TRU law school hopes to encourage young lawyers to pursue careers in areas that are currently underserved. “If lawyers are educated here they are likely to stay here,” says Axworthy. “We are going to offer the kind of legal education lawyers in these communities need. We’ll focus on the legal concerns of this region, such as Aboriginal and environmental issues.” The University of Calgary has licensed its curriculum to TRU’s law school to expedite the start up. “Our focus on natural resources, energy and environmental law is uniquely suited to academic priorities at TRU and we are excited to provide them together with a program that focuses on practical legal skills instruc-
12 BarTalk / AUGUST 2010
tion,” says Alastair Lucas, Dean of the U of C Faculty of Law. Working with the Calgary team, Axworthy says “that the curriculum is modern and sophisticated” and “that the school will hit the ground running.”
Before the class of 2011 arrives, there are a number of major steps Axworthy and the TRU team will be working on. “We have to be accredited with the Federation of Law Societies of Canada,” says Axworthy. “We also have to go through the Province’s Degree Quality Assessment Board process and have the program approved by the Ministry of Advanced Education here in the province.” Another challenge will be launching a new law library for the digital age. It's unlikely books will be completely eliminated and Axworthy expects the facility will look quite different. “A library card may not be as important as a Kindle or an iPad,” he says, “especially because students are so comfortable with digitized information.”
At the moment, TRU expects to accept 60 students in its first year – and Axworthy expects class sizes to remain small for the near future. The unrelenting efforts to bring a law school to the Interior of B.C. are in no small part due to a group of Kamloops lawyers like Rob McDiarmid that lobbied long and hard to see it happen. “Traditional law schools prefer to deal with cutting edge legal issues,” he says. “But if you are going to turn out lawyers that are going to do general practice you have to focus on practical learning. That is something that ex-
cites me about TRU’s law school.” Axworthy, a trailblazer with sterling professional and academic credentials is looking forward to see the law school flourish in the years ahead. “We have a lot of relationship building to do with the B.C. Branch of the Canadian Bar Association, with the Bar here in Kamloops and we have to have our eyes open to fundraising right from the beginning.” Left photo: Chris Axworthy, TRU’s first Dean of Law. Right photo: Artist's depiction of the new House of Learning, which is where the new law school will initially be set up. For more info go to www.tru.ca/ houseoflearning.html. GO ONLINE FOR MORE INFORMATION
Michael Litchfield
Reflecting On the Year Gone By
REAL Initiative celebrates a birthday.
I
n March of 2010, the Rural Education and Access to Lawyers (REAL) Initiative celebrated a successful year of linking students and lawyers in small communities and rural areas in British Columbia. In March of 2009, the British Columbia Branch of the Canadian Bar Association, equipped with three years of funding from the Law Foundation of British Columbia, set out to establish a coordinated set of programs to address the current and projected shortage of lawyers practising in small communities and rural areas of the province. This coordinated set of programs, dubbed the Rural Education and Access to Lawyers Initiative or REAL Initiative for short, set out immediately to execute a work plan focused on ensuring that all regions of British Columbia continued to enjoy access to legal services at a time when large numbers of senior lawyers in the province are approaching retirement age. One year after its inception, it is apparent that the REAL Initiative has begun to have a significant impact. The work for which the REAL Initiative is best known is the summer student program. This program provides funding and support for law firms and practitioners in small communities and rural areas throughout the province to facilitate the hiring of a second-year
summer student. In 2009, the REAL Initiative was instrumental in placing students in 12 locations throughout the province, including communities on the Island, the Coast, the North, the Okanagan and the Kootenay regions. Positive reports from the students who participated in the 2009 summer student program abound. When asked to describe his summer experience, Sean van der Lee, a student from the University of Alberta who was posted in Cranbrook described his time as follows: “My summer was marked with a variety of legal work and also plenty of time to go mountain biking with my fellow lawyers and fly-fishing when the water was right. The summer placement has helped focus my law school experience and has clarified my ideas of what both a career and a meaningful life can be.� Recruitment for the 2010 summer student program began in the fall of 2009 and this year that REAL Initiative has created 21 positions throughout British Columbia that are now fully staffed and underway. In addition to the summer student program, in its first year,
the REAL Initiative has garnered considerable coverage in the media and trade publications and has used this opportunity to raise the profile of the current and projected practice issues facing lawyers in small communities. The REAL Initiative has been featured in The Lawyers Weekly and Canadian Lawyer Magazine on five separate occasions and the CBABC Regional Legal Careers Officer Michael Litchfield has appeared on local and regional radio programs discussing regional practice issues. Most exciting for those involved with the REAL Initiative however, has been the opportunity to witness and to play a role in the beginnings of a culture shift over the past twelve months in regards to attitudes toward rural practice. This shift is evident in planned new rural-focused initiatives in other provinces, increased interest from media outlets regarding the challenges of rural practitioners and a changing of attitudes in students at the university level. The success of the REAL Initiative to date would not have been possible without the support and assistance from all of the organizations and individuals involved and it is with this support that the REAL Initiative can look forward to two more years of making an impact for lawyers and communities across British Columbia. Michael Litchfield, CBABC Regional Legal Careers Officer, Rural Education and Access to Lawyers. mlitchfield@bccba.org August 2010 / BarTalk 13
guests The HOnourable Michael de Jong, QC
Shaping an Effective and Responsive Justice System An update from the Attorney General.
T
he Canadian justice system is widely regarded as one of the best in the world. It is globally lauded as open and fair. We have an effective and responsive justice system because we adapt to changing needs and remain relevant to the people who use the system. We know what happens when people become indifferent to our institutions. They stop participating and eventually begin to question the authority of the institution itself. Which is why, for change to be successful, an institution’s users must feel the change responds to their needs and interests. To make B.C.’s justice system more accessible and accountable, the province is contemplating how we can open up the courts to more public participation. In this spirit, and for the very first time, we recently involved the public in the appointment of B.C.’s new Provincial Court chief judge. We intend to make publicly accessible court records more available through registries and the Internet (Court Services Online is at: https://eservice. ag.gov.bc.ca). Moreover, as media are a vital conduit to the public, it is important to ensure appropriate court case information is readily accessible, which is why I recently eliminated a $6 fee for access to online criminal and traffic court records. Additionally, and of special note, we are having discussions 14 BarTalk / AUGUST 2010
with the judiciary regarding the piloting of cameras in courts. When we talk about access to justice, the way we do business has to keep pace with information technology, the needs of the current generation of court users and modern-day demands on people’s time and resources. The Hon. Chief Justice Beverley McLachlin has made the point that the public is increasingly electing not to go to court. People are making other choices and some are opting out altogether. B.C. is addressing this by promoting less adversarial options
We know what happens when people become indifferent to our institutions. They stop participating and eventually begin to question the authority of the institution itself. for resolving civil and family law disputes. Simplified, cost-effective court procedures in the new Supreme Court civil and family
rules took effect July 1. And, Justice Access Centres in Nanaimo and Vancouver are improving the public’s access to justice services. We are also looking at maximizing finite court resources through better management and collaboration, as well as finding ways to reduce purely administrative appearances in the criminal justice system, so court and judicial resources can be focused where they are most needed. On the legislative side, the Family Relations Act review has far-reaching policy implications
that will impact many B.C. families. Reforms will support families in achieving resolutions in a far less adversarial way (should they choose to do so), as well as make the law more understandable and more relevant to modern families. The Limitation Act has not undergone a comprehensive review since its inception in 1975 and is another area we are examining because it is time to bring B.C. closer in line with other Canadian jurisdictions. These are some of the ways in which we are seeking to improve our excellent justice system: a system willing to embrace new, creative ideas to better serve the public good. The Honourable Michael de Jong, QC, Attorney General.
SECTION EVENT
CBABC Work Life Balance Award Luncheon Report.
O
n June 24, 2010, the CBABC Work Life Balance Section held its third annual Work Life Balance Awards lunch. The event was wellattended with almost sixty people present. The program started with CBABC Work Life Balance Section Chair, Catherine Sas, QC, providing a history of the Section from its development from a CBA Committee to a CBA Section. Catherine provided a report on this year’s activities. Catherine also provided an insightful look at where the legal
profession is now and where it could be heading in the future with respect to age demographics. The Honourable Mr. Justice Leask of the B.C. Supreme Court reprised the portion of his recent Call to the Bar speech which dealt with the issue of work life balance. A major theme was that upcoming generations will need to improve on work life balance as set by the present generation. Mr. Justice Leask presented the 2010 CBA Work Life Balance Awards. This is the first year there has been an award for an individ-
ual as well as a firm, company or organization. The individual award was given to Nicole Garton-Jones. CLEBC produced a video profile of Ms. Garton-Jones that was shown at the luncheon. Ms. Garton-Jones, a working lawyer and mother of two, is the founder of a virtual law firm that allows its lawyers to work from home and balance work and life in an innovative way. The group award was given to CLEBC. CLEBC presented a video that showcased why members of CLE find it an excellent place to work for work life balance. Between the video and Ronald Friesen, the CEO of CLE, the work life balance initiatives of CLE were well presented. This will be the final year of Catherine as Chair of the CBABC Work Life Balance Section. She was presented with flowers by incoming Chair Joseph Weiler and Executive Member Patricia Houlihan to commemorate and thank her for her enormous contribution for this and past years. Special recognition was also given to Mimi Chen the Secretary for the Section for her contributions this year and to Katherine Montes the assistant of Catherine for her assistance to Catherine and the Section. See page 20 for more details. Top photo: Back L-R: Raymond Lee, Ron Friesen, Catherine Sas, QC, Antonio Zivanovic and Angela Jackson. Front L-R: Jess Sanker, Rosa Pezzente, Meisze Man, Rozina Jamal, Nicole Garton-Jones and Joy Tataryn. Bottom left photo: L-R: Nicole Garton-Jones, Heritage Law and The Honourable Mr. Justice Peter Leask. Bottom right photo: L-R: The Honourable Mr. Justice Peter Leask and Ron Friesen, Chief Executive Officer, CLEBC. August 2010 / BarTalk 15
guests Danya Chaikel
IBA Annual Conference Madrid 2009 Event highlights.
N
early 5,000 lawyers from 126 countries met in Madrid, Spain from October 4-9, 2009, for the International Bar Association (IBA) Annual conference. Danya Chaikel was one of 15 lucky “young” (under 35) lawyers to have won an IBA essay competition – receiving scholarships to attend the week of workshops and social activities. Some highlights of the social events included, the opening ceremony hosted by the King of Spain, Juan Carlos I, followed by a performance by flamenco singer Estrella Morente; the opening gala which was situated on castle ruins with paella stations, fire breathing and fireworks; and notably a reception at the Real Madrid football stadium where guests could stroll along the famous green field. Indeed, when the King of Spain opened the event, Chaikel immediately realized the significance of the conference. There were over 150 wide-ranging and interesting sessions to choose from. Some of the more novel topics included: peace versus justice – a discussion on international justice in Africa; financial crime
and regulation: market abuse and insider dealing; a global update on mass claims: can litigation, arbitration and government remedies work together?; preserving and promoting indigenous languages and oral histories; gangs: are they the next international threat?; brokers’ liability in a marine insurance context; and commercialisation of space. Some highlights of the sessions Chaikel attended are as follows: The responsibility to protect (R2P): emerging international norm or mirage? – Canada came up with the R2P concept in 2005, and it was unanimously approved by 80 heads of state at the UN General Assembly later that year. Rule of Law Forum – At this session, Lord Bingham and Judge Garzón spoke about global erosion of the rule of law and how the legal profession must take action. They spoke of fewer impartial judiciaries and diminishment of the presumption of innocence, the right to a fair and public trial
without undue delay, independence of the legal profession, lawyer-client privilege and equality of all before the law. At the same time, there is an unfortunate increase in arbitrary arrests, secret trials, extraordinary rendition, indefinite detention without trial and cruel or degrading treatment or punishment by state officials. Then, to exemplify this theme, the final speaker was Graeme Leung, former president of the Fijian Law Society. His talk was perhaps the most powerful. He spoke of the 2006 military coup in his country and the almost total eradication of the rule of law that followed and remains today. According to Leung, all judges were dismissed after the coup so the executive branch could appoint new and sympathetic judges. Public gatherings of more than three people require prior government permission. Since Leung is openly critical of the sitting government, he says he receives death threats, hate mail and his privacy is constantly violated. The government has replaced the Fiji Bar Society as the licensing body for lawyers. Leung says many core values of the legal profession have been desecrated. He says that in Fiji there is rule “by” law, instead of rule of law. Leung remains optimistic, however, and he asked the audience to promote freedom and justice in their own jurisdictions, and not to forget his country where these rights do not exist at the moment. Danya Chaikel, Coordinator, International Association of Prosecutors Forum for International Criminal Justice.
16 BarTalk / AUGUST 2010
JOHN LAKES
Leaving Lonsdale The process of moving from an old office to a new office.
Profiling B.C. lawyers whose work or life experiences are inspirational, instructive or plain interesting has been a recurring theme in BarTalk. Remember our Olympian series in the lead-up to the Vancouver Olympic Games? Our latest contributor John Lakes of Lakes, Whyte LLP is writing about a crash course in “Commercial Leasing 101.” In this article and one more future instalment in BarTalk Online, John shares with us his experience of moving from an old office to a new office. If you would like to suggest a colleague who should be featured in BarTalk, please contact Deb at bartalk@ bccba.org.
T
ime to renew the lease again – but this time the old office just won’t do. This time it is time to move. Our law firm has just gone through the process, and we have had a crash course in “Commercial Leasing 101” – something the CLE will not teach you and something for which the Law Society will not give you educational credits. We thought that other lawyers might benefit from our newly-acquired and soon-to-be-forgotten knowledge. Here then, is a summary of the most important things we learned so far in this process.
going, you will likely end up somewhere else. The requirements for our new premises included: A. More space. B. Natural light. C. Secure location (not ground floor). D. Visibility from the street. E. Lots of parking (hopefully free). F. A fully accessible building (especially for wheelchairs). G. Close to banks. H. Close to key bus lines (in our case, the West Van Crosstown bus to Capilano U). I. Other professionals in the building.
PREPARE A LIST OF YOUR REQUIREMENTS: If you don’t know where you’re
LOCATION, LOCATION, LOCATION: Options give you power. Be pre-
pared to consider new neighbourhoods and new types of buildings in which to hang out your shingle. When we started, we confined our search to a narrow area. Our real estate agent persuaded us to look further afield, and our new location is not where we expected to move. Unfortunately, there was only one potential location within our preferred area that met our requirements. The Landlord probably knew this, and thought Continued in BarTalk Online... If you would like to read more about John Leaving Lonsdale go to www.cba.org/bc/bartalk_ 08_10/08_10/guest_lakes.aspx. GO ONLINE FOR MORE INFORMATION
August 2010 / BarTalk 17
news&events National News
Skilled Lawyer Series: A New Online Skills-Based Program for Young Lawyers
n New lawyers can now turn to
the CBA Skilled Lawyer Series for help in filling “gaps” in the practice skills they need in the courtroom and the boardroom. To be launched in the fall, these tailored sessions for litigators and transactional lawyers are accessible, affordable, online and interactive. Whether you’re a new litigator learning strategies to prepare clients for discovery or present evidence at trial, or a business law practitioner looking to master tax law or the fundamentals of corporate due diligence, the CBA Skilled Lawyer Series will help you develop the essential skills that you need.
Geared toward lawyers with one to three years of practice, as well as law students, the Series consists of nine litigation programs and eight transactional programs (available individually or as part of a package). The programs take advantage of existing webinar technology with interactive elements such as video demonstrations, real-time drafting/revisions, live polling and question-and-answer segments. CBA President-elect Rod Snow of Whitehorse is a self-described fan of the CBA Skilled Lawyer Series. “The CBA Skilled Lawyer Series adds an important element to our existing PD offerings that include in-person conferences, live and recorded webinars, and professional development publications,” says Snow. “And because the CBA Skilled Lawyer Series will be online, it doesn’t matter whether you practise in Vancouver or Prince Rupert. “Our research shows that young lawyers are looking for accredited, affordable and
accessible skills-based training in an interactive format,” Snow adds. “This concept of a skills development package puts the CBA on the leading edge in delivery of PD in this country.” The litigation programs cover skills such as preparing clients for discovery and trial, writing for litigators and conducting and defending a discovery. Other litigation sessions are devoted to evidence and objections at trial; excelling at motion arguments; examination-in-chief of fact witnesses; cross-examination of fact witnesses; and finding, retaining and preparing experts at trial. The skills covered in the transactional programs include: drafting for business lawyers; MBA tools for lawyers; acting for a start-up business; business finance; buying and selling a business; fundamentals of corporate due diligence; tax law for business lawyers; and closing a deal. Earlier this year, the CBA launched its state-of-the-art website that allows members to easily search for programs, and serves up personalised programs and publications based on the member’s areas of interest. Learn about upcoming PD programs on the website at www.cba.org/pd or email pd@cba.org.
EVENT
Mark Your Calendars for an Exciting Gala... Benefitting Aboriginal Law Students Make
sure to save Thursday, September 30, 2010 for a Gala Fundraiser of the Aboriginal Law Students Trust at the Sheraton Wall Centre Hotel in Vancouver. Enjoy live and silent art auctions featuring leading Aboriginal artists, entertainment and a west-coast inspired menu. For more information contact events@bccba.org and watch for the CBABC News & Jobs weekly email for the registration form.
18 BarTalk / AUGUST 2010
PROGRAM
The UVic and UBC Mentorship Program n With the recession mostly behind us, law students are now beginning to sigh with relief. But despite many recent improvements in the job market, law students still have difficulty securing articles following law school. Programs like the CBABC Mentorship Program and Articles Registry are helping to connect law students with
lawyers and potential employers. The CBABC Mentorship Program is particularly helpful in providing UVic and UBC law students with a contact in the legal community, which they can turn to for advice and information. If you are interested in participating in this year’s CBABC Mentorship Program or feel you could benefit
from the presence of an articling student (which of course, you could!) then please contact Kuyler Neable, UVic CBABC Student Rep at kuyler@uvic.ca or Kristen Brewer, UBC CBABC Student Rep at ubc.mentorship@bccba.org and they would be happy to help connect you with a student.
Articling
Why Hire an Articling Student n A number of UBC law students
who graduated in May 2010 are still seeking articling positions. Please consider hiring an articling student for the following reasons: 1. Students are highly qualified. 2. Articling students have the ability to perform a diversity of work. 3. Hiring associates is highly competitive. 4. Short-term commitment is only nine months. 5. Flexibility: students can commence their articles at any point
SECTION EVENT
CBABC Women Lawyers Forum – Fall Launch and Hot Tips from Hot Mentors Event n The CBABC Women Lawyers Forum will be holding their Fall Launch and popular Hot Tips from Hot Mentors Event on September
throughout the year and can be shared with another lawyer or law firm. 6. It is a professional responsibility to ensure that new lawyers are adequately trained and mentored with the requisite knowledge and skills to become competent legal professionals. For further information or to post an articling position please contact Alison Cowan at the UVic Law Careers Office (lco@uvic.ca) or Pamela Cyr, Director of Career Services (cyr@law.ubc.ca).
23, 2010. This event is a great opportunity to hear practical advice on issues such as establishing and maintaining a successful career in law and ways of achieving work life balance. The CBABC Women Lawyers Forum is pleased to announce that the speaker line up for this event will include: Rita Andreone (Lawson Lundell LLP), Rosanne Kyle (James Freedman Kyle Law Corporation), Alison Murray, QC (Murray Jamieson), Lisa Vogt (McCarthy Tetrault LLP)
Meeting with the Minister of Justice CBA President Kevin Carroll, QC, LSM, (second from right) joined by Grant Gold, Chair of the CBA’s National Family Law Section (left) and Eric Gottardi, Secretary of the National Criminal Justice Section (right), met with federal Justice Minister Rob Nicholson (second from left) on June 10, 2010. The 45-minute meeting focused on criminal and family law initiatives.
and Margaret Ostrowski, QC. The Fall Launch and Hot Tips from Hot Mentors Event is one of the most popular CBABC Women Lawyers Forum events so mark your calendars for Thursday, September 23, 2010 from 5:30 p.m. to 7:30 p.m. at the Law Courts Inn. Further details will be emailed to all CBABC Women Lawyers Forum members and will be posted in the CBABC News & Jobs weekly email.
August 2010 / BarTalk 19
news&events NEWS
Supreme Court Resources n On July 1st, the Supreme Court
of B.C. introduced new civil and family rules, which are meant to make the court more responsive, accessible and efficient. The Justice Education Society has produced a number of resources to provide public legal education and help ease the transition to the new rules. Guidebooks for Representing Yourself in Supreme Court Civil Matters This series of 22 guidebooks (www.supremecourtbc.ca/civil/ guidebooks), with relevant annotated forms attached, provides information and direction on specific court processes, such as Alternatives to Going to Court, The Discovery Process, Preparing Your Affidavit, etc. UPDATE
CLEBC Update CLEBC and Nicole Garton-Jones win CBABC Work Life Balance Awards CLEBC is very proud to have received the 2010 CBABC Work Life Balance Award in the organization category. We are also delighted that Nicole GartonJones, a CLEBC Board member, received the individual award. The award is in recognition of “demonstrating and promoting work life balance in the legal profession.” According to CLEBC CEO Ron Friesen, “an
20 BarTalk / AUGUST 2010
SupremeCourtBC.ca On July 1st, the Society launched www.SupremeCourtBC.ca. This new website brings together a number of Supreme Court resources produced by the Society. The focus of this website is to provide British Columbians with an introduction to the Supreme Court and to make it easy to access key selfhelp resources. SupremeCourtSelfHelp.bc.ca On June 15th, Vancouver’s Justice Access Centre (JAC) was officially opened. The Supreme Court SelfHelp Centre is now called: JAC Self-help and Information Services (SHIS). As a result of these changes, www.SupremeCourtSelfHelp.bc.ca was updated and a broader range of information is now available online.
outstanding team is a healthy team. Encouraging work life balance is part of what we do to stay healthy. By supporting work life balance, we’re significantly improving productivity. We structure our work so that staff are responsible for results, not for sitting in the office. And we expect them to achieve the results they are responsible for in the way that is most effective for them.” The awards were presented at a recent meeting of the CBABC Work Life Balance Section. A number of CLEBC staff, who have been supporting the work of the Section and of work life balance at CLEBC, were present. Nicole’s husband, Andrew, and members of her firm and family
On behalf of the CBABC Law Week Committee, Carolyn MacDonald presents the $600 proceeds from this year’s Fun Run to Jamie McLaren, Executive Director of Access Pro Bono. Access Pro Bono provides free legal advice and representation to individuals and non-profit organizations of limited means throughout B.C. NEWs
The UBC Law Plan n The UBC Faculty of Law invites all members of the legal community to provide their comments, suggestions and feedback on the Faculty’s draft strategic plan.
www.law.ubc.ca/strategic_plan/ \\
were also in attendance. The award was presented by The Honourable Mr. Justice Peter Leask. The incoming CBABC President Stephen McPhee, President James Bond, and Executive Director Caroline Nevin were in attendance, as was Chief Justice Bauman. See page 15 for more details.
Further information on CLEBC publications and courses is available from CLE customer service at 604-893-2121 (toll-free in Canada at 800-663-0437) or at www.cle.bc.ca.
legislative update
Acts In Force Current from April 27 to June 22, 2010 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclusively at www.cba.org/bc. HEALTH PLANNING STATUTES AMENDMENT ACT, 2002, S.B.C. 2002, C. 15 (BILL 19) Section 5, except as it repeals sections 12 and 13(2) of the Emergency Health Services Act, is in force April 29, 2010 HEALTH PROFESSIONS AMENDMENT ACT, 2003, S.B.C. 2003, C. 57 (BILL 62) Section 58(g) is in force February 1, 2011 MISCELLANEOUS STATUTES AMENDMENT ACT, 2010, S.B.C. 2010, C. 3 (BILL 4) Sections 28 and 29 are in force June 4, 2010 PROTECTED AREAS OF BRITISH COLUMBIA AMENDMENT ACT, 2009, S.B.C. 2009, C. 19 (BILL 10) Sections 2(a) and (f) are in force June 14, 2010
CONTEST
The Winner Is Kim Floeck of McQuarrie Hunter LLP won an iPod Shuffle™ for guessing all of the B.C. courthouses that were on the cover of our June 2010 issue. The location of each courthouse are as follows: 1. Nelson; 2. Greenwood; 3. Nanaimo; 4. Grand Forks; 5. Vernon; 6. Prince Rupert.
branch & bar
Calendar
August
15-17 CBA Canadian Legal Conference: Niagara 2010
September 10 3rd Annual Pro Bono Going Public – Ride for Justice 15-17 3rd National Pro Bono Conference 23 CBABC Women Lawyers Forum: Fall Launch & Hot Tips from Hot Mentors Event
NEWS
Being an Active Citizen www.BCCitizenship.ca n The Justice Education Society
has completed Being an Active Citizen – new curriculum resources for teaching Law, Government and Community Engagement in Social Studies Grades 7-11. The program introduces students to the fundamentals of law and how the justice system works, and the structure and operation of our governments. It focuses on student participation as active citizens. In 2007, the Ministry of Education conducted a Needs Assessment for Grades 8-12 Social Studies Curriculum. The summary report identified issues such as inadequate exposure to citizenship, law and government and recommended more in-depth coverage on these issues to enrich and advance the curriculum. The assessment found that: “Fewer than a quarter (22 per cent) of educators feel that students have ample opportunity in required social studies courses to practise active citizenship.”
“Fewer
than half of parents feel that adequate time and attention are devoted to developing students' citizenship skills.” “Many feel that the curriculum does not adequately help students feel connected to Canadian politics or develop the attitudes and abilities to be active participants in democratic society.” Being an Active Citizen will enhance the present B.C. Social Studies curriculum and will address these issues. Involvement in the community starts in the school and over the years as students progress through the program, they will become active citizens locally, while beginning to form a broader global outlook. The program was funded by The Law Foundation and advanced under the direction of a steering committee with representation from teachers, the Ministry of Education, local government, the Judiciary and the Bar. Learn more at www.BCCitizenship.ca.
August 2010 / BarTalk 21
news&events news
news
Pilot Project Regarding Criminal Conviction/Acquittal Appeal
Public Commission on Legal Aid Established in B.C.
n The Court of Appeal has issued a new Practice Directive – “Pilot Project Regarding Criminal Conviction/Acquittal Appeals.” The purpose of the Practice Directive is to establish a new regime to ensure that conviction and acquittal appeals are heard within one year of the filing of the notice of appeal. To that end, it establishes a Pilot Project to impose and test new filing deadlines for the prosecution of an appeal; it also establishes a new “Compliance Hearing” midway in the process to ensure that deadlines are and will be met.
The pilot project will apply to all conviction and acquittal appeals commenced between September 7, 2010 and December 30, 2011. The Practice Directive and Pilot Project are the result of several months’ consultations between the Court’s Criminal Rules Sub-Committee and representatives of the Criminal Law Bar (federal and provincial Crown, defence lawyers and Legal Services Society). The full Practice Directive is available on the Court’s website.
PAST EVENT
CBABC Ninth Annual Vancouver Battle of the Bar Bands Raises $95,000 2010 Vancouver Battle of the Bands Winner: The Disclaimers. L-R: Gord Rogers, Dave Ronald, Pat Madaisky, Mike Taylor, Lindsay Goldberg, Pat Haberl, Mike Varabioff and Andre Beaulieu.
For more photos and information
n Public Commission Will Engage British Columbians on Legal Aid, Encourage Stakeholders and Citizens to Make Submissions, Inform Progressive Solutions. The Public Commission on Legal Aid will be led by Leonard Doust, QC, a highly-respected senior member of the legal profession in the province. The goal of the Public Commission is to engage the people of B.C. regarding legal aid in the province through a series of cross-provincial Commission Hearings that will commence in September of 2010. Upon completion of the hearings, a comprehensive written report will be prepared and delivered to the governments of British Columbia and Canada. Go to www.publiccommission.org for more information. GO ONLINE FOR MORE INFORMATION
go to www.cba.org/BC/About_Us/ events_2010/bbb_2010.aspx. neWS news
Land Title Act Amendment on Electronic Filing Receives Royal Assent
Opening of the Vancouver JAS n The Vancouver Justice
n In response to professionals'
demands for consistency in land title application methods, a recent amendment to the Land Title Act has come into effect regarding phased electronic filing requirements for land title applications. This amendment has enabled the Director of Land Titles to take future action to specify the classes of documents to be submitted 22 BarTalk / AUGUST 2010
electronically. The Registrar can make exemptions from the requirement on a transaction-bytransaction basis. The Director of Land Titles will stage implementation of the requirement for efiling based upon evidence of the principal users’ business readiness for the specific transaction type, and following an appropriate notice period.
Access Centre has begun providing services to clients with civil justice as of June 15, 2010. This is an expansion on the family justice services already offered. For more information \\ go to www.justiceaccesscentre.bc.ca
grantsapproved Continuing Programs and Projects
Law Foundation of British Columbia
$175,000 FIRST UNITED CHURCH Poverty Law Advocacy Project $75,000 TERRACE AND DISTRICT COMMUNITY SERVICES SOCIETY Poverty Law Advocacy Project
The Board of Governors of the Law Foundation of B.C. met on June 19, 2010 and approved funding for a number of continuing programs and projects. Chair Mary Mouat is pleased to announce that funding totalling $5,100,925 was approved for the following 32 programs and projects: Funding totalling $463,890 was approved for the following 12 large projects: $75,000 DR INNOVATION SOCIETY Aboriginal Human Rights Project $73,500 PEOPLE’S LAW SCHOOL Media Campaign on Debt and Consumer Law Issues for Immigrants Project CANADIAN BAR ASSOCIATION $50,000 – Public Commission on Legal Aid Project $40,000 – Professional Development Webinar Access Project $50,000 WATARI RESEARCH ASSOCIATION Systems Negotiator Project $40,000 WEST COAST ENVIRONMENTAL LAW Enabling a Greener Economy: Law Reform for Rural B.C. Project
$38,800 WEST COAST LEAF Equality and Fairness: Auditing B.C. Legislation Project $30,000 JUSTICE EDUCATION SOCIETY Small Claims and Supreme Court PLEI Project $26,590 VICTORIA EPILEPSY AND PARKINSONS CENTRE Epilepsy and the Law Project $15,000 B.C. FREEDOM OF INFORMATION AND PRIVACY ASSOCIATION E-Health Privacy Rights Education Project $15,000 THOMPSON RIVERS UNIVERSITY Consultation Project $10,000 SHUSHWAP NATION TRIBAL COUNCIL Secwepemc Elders Workshop Series Funding totalling $439,635 was approved for the following four projects: $175,000 ECOJUSTICE CANADA Building Capacity: Public Interest Environmental Law Test Case Litigation Project
$14,635 DOWNTOWN EASTSIDE RESIDENTS ASSOCIATION Legal Advocacy Program Transition Funding Funding totalling $4,197,400 was approved for the following 16 continuing programs: $2,737,750 B.C. COURTHOUSE LIBRARY SOCIETY Operating Grant $279,310 B.C. BRANCH OF THE CANADIAN BAR ASSOCIATION Dial-A-Law, Lawyer Referral and Law Week $168,000 TOGETHER AGAINST POVERTY SOCIETY Legal Advocacy Program $150,000 KETTLE FRIENDSHIP SOCIETY Mental Health Legal Advocacy Program $112,500 B.C. CENTRE FOR ELDER ADVOCACY AND SUPPORT Legal Advocacy Program $109,000 ABBOTSFORD COMMUNITY SERVICES SOCIETY Legal Advocacy Program $107,820 MPA – MOTIVATION, POWER & ACHIEVEMENT SOCIETY Court Services Program
$89,210 COMMUNITY CONNECTIONS SOCIETY OF SOUTHEAST B.C. Travelling Poverty Law Advocate Program $82,500 KI-LOW-NA FRIENDSHIP SOCIETY Aboriginal Legal Advocate Program $75,000 SOUTH FRASER WOMEN’S SERVICES SOCIETY Legal Advocacy Program $71,450 ACTIVE SUPPORT AGAINST POVERTY Legal Advocacy Program $64,860 PORT ALBERNI FRIENDSHIP CENTRE Legal Advocacy Program $50,000 CONTACT WOMEN’S GROUP SOCIETY Legal Advocacy Program $40,000 SOCIAL HEALTH & ECONOMIC DEVELOPMENT SOCIETY Legal Advocacy Program $35,000 YELLOW PAGES GROUP Advertisement of Public Legal Services $25,000 GREATER VANCOUVER LAW STUDENTS LEGAL ADVICE SOCIETY Law Students’ Legal Advice Program
For full details \\ of the programs and projects that received funding, please visit the Law Foundation of B.C. website at www. lawfoundationbc.org.
August 2010 / BarTalk 23
professionaldevelopment email: PD@bccba.org
Seminars Watch for Registration information in September The Kelowna Bar Association and the CBABC Present: PAPERLESS OFFICE Date: November 2, 2010 Location: The Harvest Golf Club, 2725 K.L.O Road, Kelowna, B.C. Time: 2:00 – 4:00 p.m.
Go to www.cba.org/pd/ \\ details.aspx?id=BC_ABC_2010 for more information. Details: Attendance at this conference will provide up to 12 hours of CPD mandatory annual requirements for 2010 Law Society reporting.
VALLEY OF THE SUN
Scottsdale Arizona
CBABC Present: “Be Understood: Effective and Plain Language Writing” Webinar Date: November 9, 2010 Details: Attendance at these seminars will provide you with 100 per cent of the two hours required for professional responsibility and ethics, client care and relations, and practice management for 2010 Law Society reporting. 2010 CBABC Fifth Annual Branch Conference in Scottsdale, Arizona Date: November 19-21, 2010
PD Tracking Tool The Professional Development Tracking Tool is located at www.cba.org/pd. Attendance at the CBABC Professional Development and Section and Forum meetings are added to the Tracking Tool after the meeting has completed and sign-in sheets
WEBSITE: CBA.ORG/PD \\
have been returned. Members can follow the Edit link to change the hours attended and also use the PD Tracking Tool to keep track of non-CBA events.
Sections and Forums Registration Sections and Forums are used to meet the educational and professional needs of lawyers while enhancing legal expertise with the latest developments in case law, legislation and practice trends. Sections and Forums provide CPD credits, knowledge and networking. Only CBA members can enrol and every member receives their first Section or Forum enrolment for free. Students/Articling Students receive their first three Section or Forum enrolments for free. Additional Section and Forum enrolments are $40 + HST per Section. For inquiries about Sections and Forums enrolments please email sections@bccba.org.
\\ Don’t forget to visit our new one-stop PD resource site www.cba.org/pd/ to create a personalised account based on your PD needs! Go to www.cba.org/bc for updates on Professional Development seminars.
memberservices email: MEMBERS@bccba.org
Member Services promotes seasonal promotions and special offers to our members. Visit the CBABC website for links to various activities and promotions on the Member Savings page under Membership. WHAT’S NEW: Park ‘N Fly Parker Rewards. Members can join this free membership program with Park ‘N Fly and earn \\
Parker Rewards points redeemable for FREE parking! Select Airport Parking for further information. PNE celebrates 100 years! Select Youth to access further information. \\ CBABC fleece blankets. Request an order form by email to members@bccba.org. \\
24 BarTalk / AUGUST 2010
displayads email: ads@bccba.org
annual event
BarTalk Gets Results
2010 Golf Tournament n The 14th Annual Canadian
Bar Association/Vancouver Bar Association Golf Tournament held on June 17, 2010 raised more than $10,000 in support of the Law Student Scholarships at UBC and UVic. This year was a sold-out event with 144 golfers and more than 150 guests for dinner. Winning Team with a score of 57 was:
Lady’s Longest Drive winners:
Nicholas
Tsoi Nugent Todd Chernika Scott Humphrys
Susan
Daniel
Katherine
Most Honest Golfers were the team of:
Ron
Sandra
Kovacs Maureen Crockett Janice Shomphe Michelle Ward Closest to the Pin winners – Sponsored By The Counsel Network:
Griffin MacRae
Men’s Longest Drive winners:
display Ad RATES
insert (all of B.C.)
Full Back Page $5,000
CBABC Members/Firms $1,250
FULL INTERIOR PAGE Commercial Organizations $3,500 $2,500 1/3 INTERIOR Page $1,620
Next deadline: Sept. 10 Next mailing: October 1
1/6 INTERIOR Page $1,000
Direct BarTalk advertising inquiries to:
CBABC Members/Firms
CBABC Email: ads@bccba.org Tel: 604-646-7856 or 1-888-687-3404
50 per cent off above rates
Next deadline: Sept. 3
WCB & CPP
Pelletier Bustard
DISABILITY APPEALS
GC
FREE CONSULTATION
Keith
Over 16 YEARS of Experience
Putting Contest winners – Sponsored by Dorsey & Whitney LLP:
604.591.8187
1st
Place: Alan Ross 2nd Place: Ian Moes 3rd Place: Brad Davis
Katherine
MacRae Phil Marshall
info@gosalandcompany.com www.gosalandcompany.com Sarj Gosal B.A., LL.B.
GC
GOSAL & COMPANY
Gail Sahota
BARRISTERS & SOLICITORS
B.Comm., LL.B.
254 - 12899 76th Ave. Surrey, BC V3W 1E6
The CBABC and the VBA thank our Hole sponsors below, who provided many bonuses for golfers as they made their way around the course. Continuing Legal Education Society of B.C. Dorsey & Whitney LLP ProGroup Sales and Leasing RR Donnelley The Counsel Network To read more detailed information about the \\ event, view photos and the list of generous silent auction sponsors go to www.cba.org/bc/about_us/ events_2010/golf_2010.aspx.
390 Howard Ave. Burnaby, B.C. V5B 3P8 Canada
l
GO ONLINE FOR MORE INFORMATION
August 2010 / BarTalk 25
barmoves Who’s Moving Where Darren Stewart
Kasandra Cronin
has recently completed his articles and was called to the B.C. Bar in May 2010. Darren will be joining Boughton Law Corporation Litigation team as an associate with a focus on Environmental and Transportation practice groups.
has moved to a new location and continues to practise with Terry La Liberté, QC, but under the new firm name of La Liberté Cronin & Company. They can be found at Suite 1190 - 605 Robson Street, Vancouver, B.C. V6B 5J3.
Tim Leadem, QC
Terry La Liberté, QC
has moved from the Legal Services Branch, Ministry of the Attorney General for British Columbia in Victoria to join Ecojustice in their Vancouver office.
has moved to a new location and continues to practise criminal law with Kasandra Cronin. He is pleased to announce the new name of the firm is La Liberté Cronin & Company.
Steven Meurrens
Kaitlin McKinnon
has joined Larlee Rosenberg as an associate, where he will be practising immigration law. Prior to joining Larlee Rosenberg, Steven articled at a large national law firm.
has joined Bull, Housser & Tupper LLP as an associate and will be practising with their Maritime Law Group.
Dale W. Framingham
Thomas Moran
recently returned to Cassady & Company in New Westminster (www.cassadylaw.com), where he is now a partner and will continue to practise personal injury and general litigation.
has joined Bull, Housser & Tupper LLP as an associate and will be practising with their Commercial Litigation Group.
26 BarTalk / AUGUST 2010
newmembers bar moves submissions (max 35 words) to CBA@bccba.org FOR MORE BAR MOVES GO TO BARTALK ONLINE
May & June 2010
Terence Whalen
Regular Members
Articling Students
has joined Bull, Housser & Tupper LLP as associate counsel and will be practising with their Corporate Finance and Banking Group.
David Oscar Barnes
Michael Bloom
D Oscar Barnes, Barrister & Solicitor Lake Country
Jaime Boyle
Monica Jimenez
Michael Evans-Hatch Elizabeth France
Fasken Martineau DuMoulin LLP Vancouver Samuel T.C. Li
Setareh Javadi has joined Goodwin & Mark in New Westminster as an associate. She will practise wills, trusts and estates, and residential and commercial real estate.
Fasken Martineau DuMoulin LLP Vancouver Rong Lauren Liang
Clark Wilson LLP Vancouver Gloria M. Ng
Matthew A. Nathanson Vancouver Craig Rollins
Clark Wilson LLP Vancouver
Christopher Bettencourt has joined McQuarrie Hunter LLP‘s Surrey office as an associate in the areas of corporate and commercial law, real estate conveyancing, purchase and sale of businesses, real estate acquisitions and development, and commercial leasing.
Patrick Poyner has formed Poyner Dispute Resolution in North Vancouver where he will continue to practise Aboriginal and personal injury law while acting as a mediator and arbitrator.
Kate Snowsell
Doak Shirreff LLP Kelowna Michael J. Stephenson
Porter Ramsay LLP Kelowna
Ropes & Gray LLP Calgary Victor Ing
Miller Thomson LLP Vancouver Sonia Kainth Lars Kushner
Beach Avenue Barristers LLP Vancouver Yung-Chang Leong
Lowe & Company Vancouver Justin Mason
Ministry of Attorney General – Legal Services Branch Vancouver
Doak Shirreff LLP Kelowna
Law Students
Scholar Member
Catherine Coakley
Shamira Hussein
Patrick Deutscher
B.C. Securities Commission – Capital Markets Regulation Vancouver
Vancouver
Timothy Bottomer
Robert Evans Kisa Macdonald
Comox Randolph Santos
Coquitlam Nathaniel Todd-Jones
August 2010 / BarTalk 27