BarTalk | October 2004

OCTOBER 2004

VOLUME 16 , NUMB ER 5

Message to Government: Remove the SST! It's time for discriminatory tax to go, says CBA ritish Columbia is the only province in Canada with a special tax that targets only legal services and no other learned profession. It was brought in under the guise of "offsetting the cost of legal aid" by then Finance Minister Glen Clark, in 1992. It has never been used as a direct funding source for that purpose. It goes into General Revenues and is spent on the priorities of the government of the day. How much does the tax raise? More than $100 million last year alone.

The government's allocation to civil and criminal legal aid? $55 million.

The Social Services Tax Act includes provisions for taxing a hodgepodge of products and services including sales (the PST), leases, vehicles, telecommunications, parking, and environmental levies on tires and batteries. The only professional service contained in this list is legal services.

Some other provinces tax professional services; no other province taxes only legal services. It is a discriminatory and unfair tax on the people and businesses of B.C. And for those with few financial resources, it is yet another barrier to accessing justice.

People don't choose to use legal services because they want to- they do so because they need legal help- to conduct business, prevent or resolve disputes, or defend against charges made by others or the state.

The tax also imposes an additional, unnecessary and uncompetitive cost of doing business in British

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Columbia. This is particularly true for high volume legal consumers such as the biotechnology and film industries. As for corporations? When a business is looking to locate to Canada, or a deal involving multiple parties could be negotiated and signed anywhere, the tax makes B.C. uncompetitive with other provinces. The deal-makers know there is an extra 7.5 per cent added to every legal bill in B.C. The Canadian Bar Association, B.C. Branch has created a Social Services Tax Task Force, with representation from across the province and from diverse practice areas, to tackle this issue head-on. The Task Force is leading the CBA's advocacy campaign to have legal services removed from the list of products and services subject to the SST. The CBA's campaign includes meetings with MLAs and Ministers, submissions to the Finance and Government Services Committee, and, most importantly, building a network of alliances with strong business groups whose members and constituents are harmed by this tax.

The Branch has allocated significant financial and volunteer resources to this campaign, as a clear priority of members. With a healthy surplus on the way, the provincial government is in "listening mode" - and we intend to be heard.

For more information, or to add your voice to the campaign, contact Vice-President Meg Shaw, SST Task Force Chair, at megshaw@telus.net. BT

The Canadian Bar Association British Columbia

www.bccba .org

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UP FRONT

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From the President Section Talk

by Shelley Bentley

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Practice Talk

by David]. Bilinslzy

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Nothing Official

by Tony Wilson

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On the Web

by Patricia Jordan

FEATURED THIS ISSUE In this issue, we turn our focus to articling and junior lawyers with regular columns such as Practice Talk and Nothing Official picking up the thread. The practical information in the guest column on marketing will serve lawyers just starting out or those seeking a fresh start.

For those in the middle, just trying to keep going, we're pleased to share a story about perseverance sent to us by a Nanaimo lawyer who qualified for the Boston marathon after almost a decade of trymg.

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Is There an Articling Crisis?

Students and law firms work to meet the challenge

LEGISLATIVE UPDATE

12 16

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Acts In Force Regulations to Note Reports Available

IN THE BACK

21 27 28 29

GUEST CONTRIBUTORS

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Marketing Techniques This column highlights business development strategies to help you grow your practice.

by Susan Van Dyke

Executive Committee 2004/2005 National News Bar Moves Member Services Special deals for CBA members

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Partners B. C. Courthouse Library Society Law Foundation of B.C. Lawyers Assistance Program

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Classified Ads

QP LegalEze Contest Congratulations to Judith Kenacan of the Legal Services Society in Terrace . Jud ith won an annua l QP LegalEze deluxe package [value $5491, courtesy of the Queen's Printer.

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BARTALK October 2004

CAROLINE NEVIN

1Oth Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll Free lin B.C. ): 1-888-687-3404 BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch.

BarTalk Senior Editor Caroline Nevin 604-687-3404, ext. 320 cnevin@bccba.org BarTalk Editor Sandra Webb 604-646-7856 slgwebb@bccba.org Editorial Board Chair David Dundee ddundee@kamloopslaw.co m Editorial Board Members Kenneth Armstrong Johanne Blenkin Anna Feglerska Sarah Klinger Susan MacFarlane Christine Mingie Gurminder Sandhu Veronica Singer Dierk Ullrich ŠCopyright the British Columbia Branch of the Canadian Bar Association 2004.

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 Canadian Bar Association, British Columbia Branch represents 10,000 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.

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The

COLLABORATIVE LAWRESPONSES TO THE LETTER BY DAVID HART (VOL. 16, NO. 4)

LETTERS TO THE EDITOR

Send your LETTERS TO THE EDITOR to : Caroline Nevin, BarTalk Senior Editor Canadian Bar Association, B.C. Branch Fax: 604-669-9601 Toll free fax : 1-877-669-9601 E-mail : cnevin@bccba .org

I have been practising family law for the past 34 years (10 of which were in Ontario and the last 24 in B.C.), and in addition, I am the founder and past Chair and current Treasurer of the Collaborative Family Law Group in Victoria.

The Collaborative Groups throughout the province are interdisciplinary and our Victoria Group comprises more than 50 lawyers, health professionals and financial advisors who have had specialized training in dealing with this new dynamic. Our mission statement is as follows: "We encourage and promote a new process to create positive solutions for people in conflict and families in transition."

In David Hart's letter, he is attempting to compare apples and oranges - a traditional, position-based approach where the lawyer is in control, which should be contrasted to the collaborative process which is based on transparency, is interest based and the traditional solicitorclient privilege may be waived to serve the process. The clients and their helping professionals work together as a team to create not individual solutions but solutions that work for the entire family. The clients retain control of the process and it is they who determine what is fair rather than what the lawyers feel is fair.

The Collaborative Law Participation Agreement creates a safe and supportive environment for each client's objectives and concerns to be identified, recognized and respected. It has been said that a lawyer in this process is acting 60 per cent on behalf of the client and 40 per cent on behalf of the process so that the type of strategizing and manoeuvring that often occur in traditional negotiating is minimized, if not eliminated.

In terms of cost, our research and resource person in Victoria has canvassed the 38 lawyers in our Group and overall, the average has been approximately $4,000.00 for each client which is still significantly less than the Court option.

I am presently working on my 58th case where a Collaborative Law Participation Agreement has been signed and of those, I would estimate that no more than 10 per cent were not capable of being resolved by the CLF process, and in fact, in one instance the parties reconciled.

-Robert J. Klassen

canadian Bar Association British Columbia

October 2004 BARTALK

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LETTERS TO THE EDITOR

DAVID GIBBONS, QC

David Hart implies that collaborative process does not include "the advice of competent and experienced family law lawyers." This is not the case; an important part of collaborative practice is the advocacy of experienced and competent family lawyers.

Hart appears to argue against collaborative law (and mediation) based on his clients that have been unable to resolve all issues in one of these processes.

Collaborative law uses the parties' resources for one purpose, settlement. Rather than assume no one should try collaborative law because some couples do not resolve all issues in this model, I would prefer to see a professional dialogue about how we can better screen clients. Screening allows us to assess client needs at the very beginning of our relationship with our client, and offer a process option (mediation, collaborative law, or litigation) that best serves their particular needs. Clients that can benefit from a nonadversarial model can be offered a settlement-

focussed process from the beginning.

Hart suggests that collaborative law is the new "flavour of the month." This may be. On the other . hand, this may also be a cliche that demeans the voluntary work of hundreds of practitioners across North America working to develop and promote this option. These professionals believe the public wants more process options when going through divorce, and that the 95 per cent who settle deserve an option that is 100 per cent devoted to settlement. I believe that our profession can benefit from a spirited discussion which recognizes that we serve a diverse public, and that as lawyers we bring a diversity of skills and personal values to our work. If we work together professionally, we can develop a choice of process options that are uniquely suited to the many different kinds of families who find themselves working through the complexities of divorce.

-Nancy Cameron

Remembering David Gibbons, QC David Gibbons, QC, one of Canada's pre-eminent criminal defense lawyers, passed away on August 27, 2004. He had been waiting more than a year for a double-lung transplant. Unfortunately for his family, his friends, his colleagues at the bar, and just about every person facing the long arm of the law, time simply ran out.

David died too young. He was 64 years old, but in many ways he was in his prime. As one Vancouver reporter put it, "when you get in a jam, that's the guy you want in your corner." He couldn't have been more right. Big Dave, as he was affectionately known, understood people. He David W. Gibbons, QC could relate to people from all walks of life on their own level. And he brought all of that into the courtroom with him.

But David's skills in the courtroom, formidable as they were, paled in comparison with his skills in life.

When David shook your hand and said it was nice to see you, he meant it. He treated everyone from the flustered articled student to the esteemed barrister to the accomplished judge the same way. He had a unique way of making everyone feel important. As a bencher of the Law Society he spent countless hours helping troubled lawyers find their way. But David was truly at his best when he was with his wife Janice, his son Dave Jr., and his daughter Lise. No matter how busy he was, he always put them first.

Tales of Big Dave's hilarious adventures, both in and outside the courtroom, could fill volumes. So could accounts of the many high profile cases he won, and the countless people whose lives he touched . Those of us who were lucky enough to know him appreciate what a caring, genuine person he was. He was the classic barrister, equal parts gentleman and pit bull. With his passing, we have lost something very special.

Matthew Nathanson is a criminal defence lawyer at Gibbons Fowler Nathanson who was articled to David W Gibbons, QC and worked under his tutelage ever since.

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BARTALK October 2004

MICHAEL C. WOODWARD

FROM THE PRESIDENT

Volunteers Build A Vibrant Branch

m building the brand "Canadian he B.C. Branch of the Lawyer"; a brand which is, interCanadian Bar Association nationally, clearly ascendant. has, throughout its lengthy These good works will, of history, seen the involvecourse, continue. The end of uniment of literally thousands of versality will not displace the fac t lawyers who have volunteered that the B.C. Branch is and will their time and effort on behalf of remain the second largest Branch the profession in this province. within the national organization.

The Branch was created by volunThe ongoing relevancy and teers, and has been continuously vibrancy of the Branch is evident governed, operated, and advanced Michael C. Woodward in the fact that elections to our through the valuable efforts of Pres id ent 2004/2005 B.C. Branch Provincial Council this year were these volunteers. Thousands of Canadian Bar Association volunteers will follow in future. contested in all but one of our These volunteers serve on your counties.

Executive, on your Provincial Council, on your With this change, of course, wi ll come many Committees, on your Section Executives, and in a opportunities. For example, is it timely for the host of other roles. To say that I feel humbled to Branch to reassess its position relative to other organwork with and speak on behalf of not only our extenizations? Of course it is, and that will bring with it sive membership here in British Columbia, but also creative new ways to serve our members. on behalf of those past and future volunteers, would I look forward to working on your behalf during be a significant understatement. this coming year, and to meeting as many of you The recent accomplishments of both the Branch around the province as possible, and to hearing your and the national organization are significant. ideas. When, towards the end of this year, you are Throughout the course of last year, simply by way of example, the Branch "The ongoing relevancy and vibrancy enjoyed significant success in lobbying the B.C. Government on issues of the Branch is evident in the fact that affecting the ability of our members elections to our Provincial Council to make a living and to enhance access to justice by the clients on this year were contested in all but one of whose behalf we act. The national our counties." organization's PracticeLink was recently awarded an outstandingachievement award by the Association for making the decision as to whether to continue your Continuing Legal Education. The important work membership in the CBA, I ask only one thing of you done abroad by Canadian lawyers in helping bar - please take into account the tireless efforts of the associations organize themselves and achieve indevolunteers who have, and will in future, work on pendence in Zimbabwe and in Cambodia, are but your behalf, in advancing your professional and compart of the important and successful work occurring mercial interests. BT

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October 2004 BARTALK

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SECTION TALK

SHELLEY BENTLEY

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.

claimed in force on May 14, 2004.

BANKING LAW Charles McKee from Lawson In addition, the office of the Lundell and Marian De Souza Assisted Living Registrar was from First Canadian Title disopened m Vancouver. Susan cussed title insurance. Mr. McKee Adams is the Registrar. began by stating that the term FAMILY LAW-VANCOUVER "title insurance" is a misnomer. He The utility of trusts in family asset felt that it should be called "transplanning was the topic of a recent action insurance" because most family law meeting.

Ross claims arise from non-title matTunnicliffe from Clark, Wilson ters. He noted that the most comShelley Bentley practises wills reviewed significant legal developmon question among lawyers is & estates law in Vancouver. ments and drafting strategies for "Do we need title insurance in a domestic trusts to minimize the Torrens system?" He responded unwelcome effects of the Family Relations Act. by noting that the Torrens system is m decline Parents often wish to establish a trust to benefit their because of recent court cases applying equitable ad ult child and to maximize the chances of avoiding remedies in real estate transactions. Such remedies the harmful effects of the child's marriage breaklead to the conclusion that one cannot rely on the down.

In such a situation they should consider draftproperty register so that historical searches may ing the trust in such a way that beneficial entitlement become necessary. This has happened in the U.S. is discretionary and there is no contemplated vested Ms. De Souza said title insurance covers more entitlement for the child. The child's spouse should than title defects. It covers survey defects, outstandnot be mentioned in the trust and a power to add and ing work orders, and building permits. Depending remove beneficiaries should be included. Economic on the value of the transaction it also removes many access by the child should be limited to income only 路 of the obligations on solicitors to perform due diliand the duty to exercise an even hand between the gence. Twenty per cent of all title insurance claims person with the life interest and the ultimate benefiinvolve fraud and forgery. Claims involving the invaciary should be excluded. It is also advisable not to lidity of the mortgage, lack of capacity, usury, and allow the child to contribute to the trust. A corporate survey defects are also common. It costs $200 for holding company could be used to provide two levels insurance covering title and mortgage on a residenof contingency. The child should either not be a tial property valued up to $750,000. trustee or be one of three trustees so that he or she does not have a casting vote. There should be no ELDER LAW Hugh McLellan commented on the federal Private power of appointment in favour of the child. For Member's Bill the "Older Adult Justice Act." This flexibility in administration, a power to distribute to legislation proposed changes to the Criminal Code as other trusts and a power to amend the trust should be well as the creation of a department and a separate included. It is also a good idea to include a confidenombudsperson to deal with abuse of seniors. The Bill tiality clause in the trust and to utilize a letter of died when the election was called. However, the wishes.

Community Care and Assisted Living Act was proIn the same meeting Kay Gray, CGA and senior

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BARTALK October 2004

SHELLEY BENTLEY

manager with Grant Thornton LLP, discussed tips and traps in the taxation of trusts and trust beneficiaries. Specifically she outlined the income-splitting opportunities in the use of trusts, the tax treatment of trust property, and the attribution rules.

FREEDOM OF INFORMATION AND PRIVACY LAW AND COMPUTER LAW SECTION (JOINT MEETING) Peter Cullen, Chief Privacy Strategist with Microsoft gave a presentation entitled "Privacy, Customer Trust, and Dilemmas-A New Reality."

Mr. Cullen commented that information is the new currency. Organizations wishing to leverage information need to develop customer trust.

Developing trust is a significant issue for organizations and is much more of a focus for consumers than privacy or security. In Mr. Cullen's view, to date the U.S. Patriot Act and its effect on information provided by Canadian subsidiaries has not been a significant issue. Of greater concern is how to manage customers' expectations of privacy when there is a demand for such things as ISP logs.

Microsoft has 400 people involved with privacy.

Their focus is not so much on the structure of the system 's safeguarding privacy but on determining the strategy to protect privacy. Microsoft is very focused on the U.S. and this focus does not work well with the regulatory requirements in other parts of the world where Microsoft is doing business. To add to the difficulty of managing the issues in this area is the fact that in the U.S. 5,800 pieces of privacy legislation were introduced last year, 1,800 of which have been passed. Canadian provincial and federal legislation is very well co-ordinated, by comparison.

ELDER LAW AND HEALTH LAW (SEPARATE MEETINGS) Former UBC professor Stephan Salzberg prepared a report on health care decisions and end-of-life issues arising out of the Health Care (Consent) and Care Facility (Admission) Act. This report, which also covers the Representation Agreement Act, the Patients Property Act, the Mental Health Act, the Power of Attorney Act, the Public Guardian and Trustee Act and the Adult Guardianship Act, was prepared for the B.C. Law Institute (BCLI) at the request of the Public Guardian and Trustee of B.C. and can be found at www.bcli.org as Report 21

SECTION TALK

under the BCLI's "publications after 1997." Professor Salzberg's mandate was to identify the issues and make recommendations. He explained that in 1993 there were many complex inter-related statutes on the books with only parts proclaimed which left areas uncovered. What was needed was a rationalized scheme, a province-wide strategy for end-of-life care in B.C. and a change to the dispute resolution scheme. In his report he covers determination of capability issues, scope of authority of temporary substitute decision-makers, the criteria for substitute decision-making with respect to health care, "do not resuscitate" orders, levels of care instruction, and dispute resolution and the Health Care Review Board.

Professor Salzberg noted that in his opinion the Ministry of Health must consult with legal experts about the specific impact after concrete changes to the legislation in this area are announced.

In this regard, Public Guardian and Trustee Jay Chalke described at a recent Elder Law Section meeting some of the changes to the Patient's Property Act being proposed by the government. Legislation introducing these changes was supposed to have been introduced in May, 2004 but has yet to be tabled. BT

Sections

2004/2005 Have you enrolled in Sections?

Join one or several of our 73 Sections and attend informat ive meet ings and receive worthwhile minutes and materials.

Last year, 362 meetings were held. Keep up to date on current develop ments of the law and recent pract ice trends .

Members enrolled in Sections also have access to previous minutes, materia ls and an nual reports on the CBABC Web site.

Download the enrolment form at www.bccba .org or call the Branch office to have a form sent to you.

It's not too late to enrol!

October 2004 BARTALK

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PRACTICE TALK

DAVID J. BILINSKY

Foundation Skills for the New Culture Challenges for associates and partners alike. ..

who must move from managing files (or tasks) to becoming leaders in human capital development. It Words and music by Brian is relatively easy to manage tasksWilson, recorded by the Beach Boys conversely one of the hardest things is to be a people developer. new associate comes into But as a leader, a senior partner 's your office and poses a top job is to help associates acquire question on a file on their own foundation skills so that which both you and she these junior lawyers can forge the are working. In answering her real personal relationships with question, you realize that you are David J. Bilinsky is the their clients, foundation skills that drawing upon skill sets that have Practice Management Advisor are required if the associate is to served you well over a few decades at the Law Society of B.C . move upward and continue the of practising law. Reflecting on E-mail: db ilinsky@lsbc.org success of the firm. No longer can how society has changed since you firms afford to adopt the "sink or first entered into practice, you start to consider what skills must be acquired by this swim" approach to associate development. new associate to carry her over her legal career. In This dictates that senior partners learn how to this, the start of the second decade of this column, I effect change in their associates. The generational thought it fitting to look at the challenges up-anddifferences alone reflected in the range of lawyers coming lawyers will face and what tips are available starting from those who were called in the 50's and 60's to lawyers who were called in this century is simto assist them in their careers.

Morrie Shechtman, the author of Fifth Wave ply unprecedented in history. This difference is perLeadership - The Internal Frontier has stated that haps most apparent when it comes to technology :information (principally the Internet) in the hands of young lawyers inherently understand and use techconsumers has placed the professions under siege. nology effectively while older ones view it as a costly Consumers no longer believe a lawyer (or any other perk. What is hard to reconcile is that both these professional) is smarter or better informed than they points of view are correct - when viewed from the are. As a result, there is little value in simply having perspective of the speaker. If you don't "think" techinformation. Shechtman believes the only real comnology, you are not likely to see a Treo 600 smartpetitive edge left today is the unique relationships phone as anything but an expensive toy. Conversely, that lawyers can forge with their clients. Why? if you are accustomed to living and breathing the Because legal consumers nowadays desire to be treatInternet, being offered a bare-bones cell phone withed with personal parity by their legal professional. out web access can leave you feeling like your needs This dictates that lawyers form personal relationand ways of working are not being understood. ships as never before. Furthermore, as he has found, So what is the bridge that partners can use to there is no price resistance where a professional held reach out and teach their associates the required on personal parity with their client has advanced the management training and client-handling skills that client's interests and their life. they will require to "fit in" and excel in meeting their This places a heavy burden on senior partners, clients' needs? I recently read an article from a major

"Catch a wave and you'll be sittin 1 on top of the world. .. "

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BARTALK October 2004

DAVID J . BILINSKY

legal consulting firm that mentioned a number of different incentives and rewards being offered to associates- such as meal replacements, laundry serv ice, and car maintenance services. However effective these rewards may be, in Shechtman's view, the most effective change agent in relationships is the simple expression of disappointment when results fall short combined with the giving of positive feedback when results are good. No one wants to be disappointing.

Everyone wants feedback on their progress. The power of simple communication, exercised often and truthfully, can move mountains. It is all about managing relationships- whether between senior lawyer and associate or between lawyer and client.

Shechtman mentioned the power that lies in the communication method known as active listening.

This technique allows a person to truly engage with the person with whom they are speaking. It is both a habit that can be acquired as well as the foundation to effective communication. Active listening at its most basic level uses th ree "I" statements in succession. These are: "I've experienced/noticed ... "; "The way it makes me feel is ... "; and "The impact that it has on me is ... " Needless to say, there is much more to being a skilled active listener, but since all our relationships, particularly those with clients, come with higher expectations than ever before, it behooves senior partners as well as young associates to become skilled in active listening techniques. Shechtman believes that we are moving to a high-risk culture where relationships must be forged early and lawyers must learn to inject trust early into a relationship.

Accordingly, acquiring active listening techniques will stand any professional in good stead.

The other foundation skill Shechtman believes is necessary for a professional to have is the ability to make decisions. As an example, he challenges organizations to determine their values (not their goals) and to cut loose those people who do not share those values. In Shechtman's view, people will follow you to the ends of the earth if you articulate with clarity your values and are prepared to stand by your boundaries and not allow those values to be compromised. In the profession, clients are looking for leadership. The most effective leaders are transparent.

People do not follow people who are opaque, as opaque people form low-trust relationships. To

PRACTICE TALK

become an effective leader you must learn to be transparent, as that leads to reciprocity and that in turn leads to high-trust relationships.

Accordingly, the two foundation skills for the new culture are decision making and relationship building. Senior Partners (Human Capital Developers) need to learn how to develop and reward people for acquiring these two key skills. Partners need to become skilled in active listening techniques so in turn, they can pass these skills along to their associ ates. In all cases, learning how to be a transparent leader can be a major step towards learning how to build high-trust relationships. The wave of the future is fast upon each of us - the challenge is to acquire those skills required to catch that wave so you'll be sitting on the top of the world. BT

The views expressed herein are strictly the author's and may not be shared by the Law Society of B.C.

Marketing Notes for Newbies: 10 Steps To Creating A Practice 1. Develop a reputation as a keener (join committees and arrive at meetings on time and prepared) 2. Get a [willing) mentor 3. Get to know the partners 4. Get staff and the administration pulling for you 5. Join an organization and get involved 6. Take an interest in the industries your clients work in [read , speak, write) 7. Get published on the web, in industry papers and in newsletters 8. Use and collect business cards 9. Create, update, and use a database 10. Keep a running list of transactions and closings you've worked on and decisions you 've made For more information, see Susan Van Dyke's marketing column on page 26.

October 2004 BARTALK

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NOTHING OFFICIAL

TONY WILSON

The 路路Just Under The Wire Prize"

hen I left law received my fair share of B's and school in DeceNs in law school, have enjoyed a mber, 1984 (UVic reasonably successful legal career had - and still has these past 20 years, have written - a summer law centre program scads of articles in my field (and that allowed about 16 of us to one upcoming book), and am reggraduate at Christmas, rather than ularly invited to teach other in April), I received a "telex" from lawyers, lends some credence to my friend, Don Todesco. Don, my theory that the LSAT is a like the remainder of my class, waste of good trees, measuring more than anything else, one's stuck around for one long final Tony Wilson is a Franchise and term while I started my articles, ability to take standardized tests: Intellectual Property lawyer at tea leaves and entrails for the happily on the payroll of my new Boughton . He's written tor the firm . The telex read: "Congratmodern era.

Globe and Mail, the Vancouver Sun, and Macleans magazine. ulations: The last shall be first" or As there always has to be a E-mail: twilson @boughton.ca words to that effect. first one admitted to each of Don was reminding me that C anada's 16 law schools every although I was one of the first to leave UVic's law year, there always has to be a last one as well. And school that year, I was the last one actually admitted I'm surmising that we "last-ins" probably did just fine in law school, and just fine in whatever else we to it in 1982, having been something like number five on the waiting list all that summer. I was called by chose to do after it (including of all things, law), the law school's administrator, Gary Charlton, durdespite the fact that there were hundreds of people ing the evening of the first day of school, when, after whose dance cards filled up with multiple law school welcoming everyone else in the first year class, he offers well before we were even invited to the party. determined that there was one last spot available.

So I'm suggesting all of us "last-ins" across Had Gary not called me that night, it's possible I Canada (352 since 1982) create small bursaries to our would have chosen to do something else with my life, respective alma maters for the last student admitted married someone other than a woman I met in law in each year. Call it the "Just Under The Wire Prize" school, had different children than the ones I have, and award cash to the person whose LSAT may have and made a multitude of different choices. But this been sadly lacking, or who chose an undergrad profork in the road appeared; I took it, and here I am, 20 gram with ridiculously tough grading, or who had some-odd years later, the wand having chosen the kids to look after, or who had to hold a part-time job wizard (if you'll forgive the "Potter-speak") . while striving for outstanding marks, all patiently Being the last one admitted was the source of waiting on a law school's waiting list until called on endless bragging rights for me at the time. I had been the day classes started (or in my case, the day after) . working as a bureaucrat by day and a Keg waiter by Because as we all know, in the long B.C. Ferry night, quitting both jobs the morning I started class Line-Up of Life, it's not the driver of the first car on (being, of course, the second day for everyone else). the 5 p.m. sailing that really has the best trip. It's the My situation was the product of excellent underdriver of the last car, happily squeezed on at the very graduate grades and a lousy LSAT. The fact that I last second, leaving the rest of the line-up behind. BT

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BARTALK Octobe r 2004

PATRICIA JORDAN

ON THE WEB

Practice Resources Online Visit www.bccba.org

CHILD CARE INFORMATION KIT Developed by the CBABC Child Care Working Group, this kit provides information and services supporting members with child care responsibilities; online topics include child care, work-life balance, and nanny services.

he CBABC is working to bring our members better access to services, tools, and resources to help you m your practice. "Practice Resources" is our newest web resource at www.bccba.org. In Practice Resources you'll find practice advisory panel listings and forms such as the contract of purchase and sale and standard undertakings. The Branch Web site offers a growing collection of "Information Kits" to assist our members. Here's a brief look at a few of the kits available online:

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DID YOU KNOW FrontBridge Technologies Inc, an Patricia Jordan is the CBABC e-mail security firm based in Manager, Interactive Media.

California, recently reported that She welcomes your comments, its spam blocking service blocked questions and suggestions .

2.6 billion spam messages out of E-ma il: pjordan@bccba.org the 3.1 billion messages processed Direct: 604-646-7861 in August 2004. Want math? That LAWYERS FOR LITERACY means 82 per cent of all inbound PROJECT messages they received were spam!

This Branch initiative helps lawyers improve their Many of us are frustrated and/or overwhelmed client communications, particularly when their by spam; spammers have become increasingly invenclients' literacy skills may not be adequate to deal tive in how they distribute spam. For more informawith written legal material. Lawyers who want to tion on keeping a lid on spam, visit www.cnet.com, learn more about adapting their practice procedures keyword search "spam." Popular filtering/blocking can get a free copy of the Lawyers for Literacy software include Spamnix for Eudora, SpamAssassin Awareness Kit by calling the B.C. Branch at 604Pro, McAfee SpamKiller, and Qurb. BT 687-3404 or toll free 1-888-687-3404.

CLIENT CARE KIT The Client Care Kit offers practice advice and information for lawyers seeking to improve their relationships with clients, as well as a self test and a sample client survey.

MEDIA RELATIONS KIT This kit is a practical guide to dealing with the media, including five rules to remember and how to answer tough questions.

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cba.org/CBA/LCI/Main CBA Lawyers Care Initiative

www.hrsdc.gc.ca/en/gateways/ topics/wnc-gxr.shtml Work/Life Balance and New Workplace Challenges [Government of Canada)

October 2004 BARTALK

11

LEGISLATIVE UPDATE

STUA RT RENNIE

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.

Lawye rs should refe r to the specific leg islative or regulatory provision. You will see a reference in some cases to the number of the bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and wh ich is the prope r citation for the Act. The bill number has been given to make it easier for you to note up the bills you may have in yo ur lib rary.

Agricultural Land Commission to change land uses of treaty settlement lands within the agricultural land reserve without first obtaining consent of local governments.

Note: Legislative Update will only be available to members as of January 1, 2005 , online at www.bccba.org. Don 't miss out renew yo ur CBA membership !

ACTS IN FORCE ADMINISTRATIVE TRIBUNALS ACT, S.B.C. 2004, C. 45 (BILL 561 Summary Bill 56 repeals and replaces the 2003 Administrative Tribunals Appointment and Administration Act. Sections 1 to 62 form the substantive provisions of Bill 56.

Sections 63 to 188 make consequential amendments to specified statutes. Sections 79 to 82 make consequential amendments to the Community Care and Assisted Living Act. Section 99 and 100 amend the Financial Institutions Act. Sections 131 to 141 amend the Passenger Transportation Act. Sections 156 to 160 amend the Safety Standards Act.

Section 117 makes a consequential amendment to the Mental Health Act regarding board and review panels. Section 178 makes a consequential amendment to the Workers Compensation Act regarding compensation and expenses of members.

12

BARTALK October 2004

In Force Act in force July 23, 2004 Stuart Rennie is the CBABC Leg islation & Law Reform Officer. He can be reached at 604-949-1490 or by e-mail [srennie@bccba .orgl .

In Force

Sections 1 to 62, 79 to 82, 99, 100, 131 to 141 and 156 to 160 are in force June 30, 2004. The part of section 117 that enacts section 24.3 of the Mental Health Act and the part of section 178 that enacts section 236 (1) to (4) of the Workers Compensation Act are in force July 8, 2004

AGRICULTURAL LAND COMMISSION AMENDMENT ACT, 2004, S.B.C. 2004 C. 32 (BILL 271 Summary Bill 27 amends the Agricultural Land Commission Act to permit First Nations, involved in treaty negotiations or who have signed treaties, to apply directly to the

BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, S.B.C. 2004, C. 2 (BILL 21 Summary Bill 2 repeals and replaces 6 statutes, including the Consumer Protection Act, and Cost of Consumer Credit Disclosure Act. In Force

Bill 2, except Part 5 (Disclosure of the Cost of Consumer Credit), the definitions of "telemarketer" and "tow truck driver" in section 142 and sections 143 (d) and (e), 196, 207, 216 and 218 to 229, in force July 4, 2004. Part 5 and sections 196, 207, 216 and 218 to 229 ofBill2 are in force January 1, 2005 See Acts in Force for Cremation, Interment and Funeral Services Act and Regulations for Bonding Act, Business Practices and Consumer Protection Act and Ombudsman Act

AC TS IN FORCE

CREMATION, INTERMENT AND FUNERAL SERVICES ACT, S.B.C. 2004, C. 35 (BILL 3) Summary Companion legislation to the Business Practices And Consumer Protection Act (Bill 2) and the Business Practices And Consumer Protection Authority Act (Bill 4), Bill 3 repeals the Cemetery and Funeral Services Act and its Supplement and replaces it with the provisions of Bill 3.

In Force Act in force July 4, 2004

See Regulations to Note

DRINKING WATER PROTECTION ACT, S.B.C. 2001, C. 9 (BILL 20) Summary Bill 20 regulates drinking water systems in B.C. Sections 55 to 102 make consequential amendments to specified statutes. Sections 55 to 60, 62 to 64 make conseguential amendments to the Fish Protection Act. Section 84 amends the Hydro and Power Authority Act. Section 86 amends the Oil and Gas Commission Act. Sections 87, 88(a), (b) and (d), 89 to 92, 94 to 98, and section 99, except the portion that brings into force sections 94 (1) (b) and (d) and 101 (3) (j) of the Water Act, amend the Water Act. In Force Sections 55 to 60, 62 to 64, 84, 86, 87, 88 (a), (b) and (d), 89 to 92, 94 to 98, and section 99, except the portion that brings into force sec-

tions 94 (1) (b) and (d) and 101 (3) (j) of the Water Act, are in force ~ovember 1,2004 See Regulations to Note

ENVIRONMENTAL MANAGEMENT ACT, S.B.C. 2003, C. 53 (BILL 57) Summary Bill 57 repeals and replaces the Waste Management Act and Environment Management Act. Sections 143(b), 144, 158, 159 and 178 (b) of Bill 57 are conseguential amendments and come into force by regulation.

In Force Act, except sections 143(b), 144, 158, 159 and 178 (b), is in force July 8, 2004.

See Acts In Force for Environmental Management Amendment Act and Water; Land And Air Protection Statutes Amendment Act, 2004 and See Regulations To Note for Environmental Assessment Act and Environmental Management Act

ENVIRONMENT MANAGEMENT AMENDMENT ACT, 2004,S.B.C.2004,C. 18 (BILL 13) Summary Sections 1, 2, 3 (a) insofar as it adds the definition "approved professional" to section 39 of the Environment Management Act, sections 15, 16 (a), (b), (d), (e) and (f), all amend the Environmental Management Act. Section 1 permits the Minister to temporarily change a code of practice as it

LEGISLATIVE UPDATE

applies to a person and corrects a drafting error. Section 2 adds to the Minister's regulation making powers for monitoring and reporting. Section 3(a) adds the definitions of "approved professional." Section 15 permits a director to make interim regulations regarding the definition of "contaminated site." Section 16(a) changes a reference to " prescribing" procedures or information to now "specifying" procedures or information regarding protocols of directors. Section 16(b) adds an authority to make protocols regarding security. Section 16(d) adds the word "sediment" after the word "soil" regarding soil and water numerical standards . Section 16(e) adds an authority to make protocols respecting the activities of approved professionals. Section 16(ÂŁ) corrects a drafting error regarding the application of the Interpretation Act and the Regulations Act to protocols of directors.

In Force Sections 1, 2, 3 (a) insofar as it adds the definition "approved professional" to section 39 of the Environment Management Act, sections 15, 16 (a), (b), (d), (e) and (f) are in force July 8, 2004

See Acts In Force for Water; Land and Air Protection Statutes Amendment Act, 2004 See Regul~tions To Note for Environmental Management Act and Environmental Assessment Act

October 2004 BARTALK

13

LEGISLATIVE UPDATE

ACTS IN FORCE

See Regulations to Note

FOOD SAFETY ACT, S.B.C. 2002, C. 28 [BILL 371 Summary Bill 37 consolidates the functions of food safety, licencing, inspections and standards into a single statute. Bill 37 repeals the Meat Inspection Act. In Force The Act, except sections 24 to 28, 30 and 31, in force September 1, 2004

Summary The Greater Nanaimo Water District Act, S.B.C. 1953 (2nd Session), c. 41 is repealed by regulation.

See Regulations to Note

FORESTS STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 36 [BILL 331

INSURANCE CORPORATION AMENDMENT ACT, 2003, S.B.C. 2003, C. 35 !BILL 581

Summary Sections 21, 22 and 23 amend the Forest Act. Section 21 adds a new provision to permit the Minister to invite applications for probationary community forest agreements for: First Nations; municipalities or regional districts; qualified societies; associations; corporations or partnerships. The part of section 23 of Bill 33 that enacts section 43.51 permits direct award of probationary community forest agreements.

Section 22 repeals provisions relating to community forest pilot agreements as a consequence of the amendments to section 43.51.

Summary The part of section 9 that enacts section 49 of the Insurance Corporation Act provides that the B.C. Utilities Commission must ensure that the optional automobile insurance business of the Insurance Corporation of British Columbia (ICBC), is kept separate from, and not subsidized by, other ICBC's businesses, including its universal compulsory automobile insurance business.

BARTALK October 2004

In Force Sections 19 and 21 are in force July 23, 2004

In Force August 1, 2004

See Regulations to Note

In Force Sections 21 and the part of 23 that enacts section 43.51 of the Forest Act are in force July 23, 2004. Section 22 of Bill 33 is in force September 17, 2004

14

NANAIMO AND SOUTH WEST WATER SUPPLY ACT, S.B.C .

2004, C. 25 [BILL 311

Summary Sections 19 and 21 amend the Family Maintenance Enforcement Act. Section 19 adds to the defi nition of "maintenance" any annual default fee imposed under the Act. Section 21 corrects a drafttog error.

In Force

The part of section 9 that enacts section 49 of the Insurance Corporation Act is in force June 30,2004

See Regulations to Note

MISCELLANEOUS STATUTES AMENDMENT ACT [NO. 31, 2003,S.B.C.2003,C. 96 [BILL 901

MISCELLANEOUS STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 23 [BILL 181 Summary Section 5 repeals the Community Financial Services Act. The purpose of the Community Financia l Services Act was to encourage and facilitate the use of sav ings institutions by, and to provide a full range of financial and related services to, members of the com munity.

In Force Section 5 is in force July 23, 2004

MISCELLANEOUS STATUTES AMENDMENT ACT [NO. 21, 2004,S.B.C. 2004, C. 51 [BILL 541 Summary Bill 54 amends 19 statutes.

Sections 20 to 24 amend the Land Title Act to increase fees for filing documents under the Act. These increases include, increasing fees for registering an indefeasible title, registering charges, searching and canceling charges (increases range from around $2 to $5 per transaction).

ACTS IN FORCE

In Force Sections 20 to 24 are in force June 28, 2004

PARKS AND PROTECTED AREAS STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 52 (B ILL 50) ~

Summary Sections 3 and 4 amend the Protected Areas of British Columbia Act. Section 3 repeals and replaces the legal description of Porteau Cove Park, situated in the New Westminster District in B.C. Section 4 repeals and replaces the legal description of Maquinna Marine Park, situated in the Clayoquot District in B.C. In Force Section 3 and 4 are in force July 8,2004

PRIVATE MANAGED FOREST LAND ACT (BILL 88). S.B.C. 2003, C. 80 (BILL 88) Summary Bill 88 repeals and replaces the Forest Land Reserve Act. Sections 17 to 21 regulate private managed forest land, including requiring: an application to classify private land to private managed forest land, fees and annual declarations. Sections 22 to 39 comprise Part 4 of the Act, which sets out compliance and enforcement, including administrative remedies and offences.

Sections 40 to 42 form Part 5 General Provisions, including service of documents, penalties and regulation-making power.

Section 45 is a transitional provi-

sion regarding classification of existing managed forest land.

Sections 47 to 49 make consequential amendments to the Assessment Act. Section 50 makes a consequential amendment to the Community Charter. Section 51 makes a consequential amendment to the Environmental Assessment Act. Section 52 repeals a provision of the Forest and Range Practices Amendment Act, 2003 . Section 53 repeals the Forest Land Reserve Act. Section 54 makes a consequential amendment to the Forest Practices Code of British Columbia Act. Section 55 makes a consequential amendment to the Freedom of Information and Protection of Privacy Act. Sections 57 and 58 make a consequential amendment to the Local Government Act. Section 59 repeals provisions of the Miscellaneous Statutes Amendment Act, 2000. Sections 60 and 61 make a consequential amendment to the Private Managed Forest Land Act. Section 62 makes a consequential amendment to the Vancouver Charter.

In Force Sections 17 to 42, 45,47 to 55 and 57 to 62 are in force August 3, 2004

See Regulations to Note

PROVINCIAL REVENUE STATUTES AMENDMENT ACT, 2004,S.B.C. 2004,C.40 (BILL 34) Summary Bill 34 amends 12 statutes.

LEGISLATIVE UPDATE

Sections 10 (b), (c) and (d) and 19 amend Income Tax Act. Section 10 (b), (c) and (d) provide references to Canada and the Bankruptcy and Insolvency Act (Canada). Section 19 provides for a reference from the Income Tax Act (Canada) to the corresponding provision in the British Columbia Income Tax Act. Section 72 is a transitional provision.

Section 72 provides that a tax debt is deemed never to have been extinguished for the purpose of the Limitation Act in respect of recovering a tax debt under the British Columbia Income Tax Act. In Force Sections 10 (b), (c) and (d), 19 and 72 are in force June 18, 2004

WATER, LAND AND AIR PROTECTION STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 30 (BILL 16) Summary Sections 2 to 9 amend the Environmental Management Act. Section 2 expands the definition of "conservation officer" to permit an authorized auxiliary or special conservation officer to perform the duties of a regular conservation officer and to clarify the relationship between auxiliary or special conservation officers and regular officers. Sections 3 and 4 make minor housekeeping amendments. Section 5 amends the powers and duties of conservation officers. Section 6 prescribes, by regulation, powers and duties of conservation officers and permits a justice issuing October 2004 BARTALK

15

LEGISLATIVE UPDATE

REGULATIONS TO NOTE

a warrant to specify other search powers the justice considers appropriate. Section 7 clarifies that different procedures apply in relation to items seized after an offence is reasonably suspected and in relation to items taken in the course of an inspection.

Section 8 clarifies that prior approval of the Solicitor General is needed for making regulations providing conservation officers with broader enforcement powers. Section 9 adds a 3 year limitation for laying information for an offence under the Act. In Force

Sections 2 to 9 are in force July 8, 2004

REGULATIONS TO NOTE

ASSESSMENT ACT, repeals and replaces the Fee for Copy of Information in the Current Assessment Notice Regulation (B.C. Reg. 61181) (effective June 18, 2004, B.C. Reg. 270/2004)

ASSESSMENT AUTHORITY ACT, amends the Assessment Authority Act Regulations (B.C. Reg. 497/77) (effective June 18, 2004, B.C. Reg. 270/2004)

BONDING ACT, amends the Bonding Regulations (B.C. Reg. 11168) and creates the Debt Collection Industry Regulation (all effective July 4, 2004, by B.C. Reg. 295/2004) BUSINESS CORPORATIONS ACT, amends the Business Corporations Regulation (B.C. Reg. 65/2004) (effective July 8,

16

BARTALK October 2004

2004, B.C. Reg. 315/2004)

BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, creates the Consumer Contracts Regulation (effective July 4, 2004, B.C. Reg. 272/2004) and the Disclosure of the Cost of Consumer Credit Regulation (effective January 1, 2005, B.C. Reg. 273/2004). Repeals the Contract for Future Services Regulation (B.C. Reg. 386/87), Credit Reporting Regulations, (B.C. Reg. 564/74), Debt Collection Regulation, (B.C. Reg. 200/73), Direct Sellers Regulation, (B.C. Reg. 419/93), Non-Applicability Regulation (B.C. Reg. 247/77), Trade Practice Regulation No. 1, (B.C. Reg. 134/75), Travel Agents Act Regulation (B.C. Reg. 525/77), Travel Assurance Fund Regulation (B.C. Reg. 77/86), Travel Club Regulation, (B .C. Reg. 147/97) (effective July 4, 2004, B.C. Reg. 274/2004). The Consumer Protection Act Regulation is repealed (effective January 1, 2005, B.C. Reg. 62/87).

Further, the following are created: Business Practices and Consumer Protection Regulation (effective July 4, 2004, B.C. Reg. 294/2004), Travel Industry Regulation (effective July 4, 2004, B.C. Reg. 296/2004), Debt Collection Industry Regulation (effective July 4, 2004, B.C. Reg. 295/2004), Fee Setting Criteria (effective July 4, 2004, B.C. Reg. 292/2004) and the Administrative Penalties Regulation (effective July 4, 2004, B.C. Reg. 297/2004)

COMMUNITY CARE AND

ASSISTED LIVING ACT, amends the Assisted Living Regulation (B.C. Reg. 218/2004) regarding application and registration fees (effective July 23, 2004, B.C. Reg. 342/2004)

COMMUNITY CHARTER TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND OTHER AMENDMENTS ACT, 2003, amends the Community Charter Interim Regulations (B.C. Reg. 429/2003) (effective July 8, 2004, B.C. Reg. 316/2004)

CONSUMER PROTECTION ACT, amends the Consumer Protection Act Regulation (B.C. Reg. 62/87) (effective July 4, 2004, B.C. Reg. 274/2004)

CREMATION, INTERMENT AND FUNERAL SERVICES ACT, repeals the Cemetery and Funeral Services Plans Regulation (B.C. Reg. 37/90), Cemetery and Funeral Services General Regulation (B.C. Reg. 38/90) and Funeral Services Licensing and Business Practices Regulation, (B.C. Reg. 235/95) (effective July 4, 2004, B.C. Reg. 274/2004). Further the Cremation, Interment and Funeral Services Regulation is created (effective July 4, 2004, B.C. Reg. 298/2004) .

DRINKING W~TER PROTECTION ACT, amends the Drinking Water Protection Regulation (B.C. Reg. 200/2003) (effective November 1, 2005, B.C. Reg. 300/2004)

EMPLOYMENT AND ASSISTANCE ACT, amends the

REGULATIONS TO NOTE

' J

Employment and Assistance Regulation (B.C. Reg. 263/2002) (effective July 1, 2004, B.C. Reg. 275/2004) including adding to the class of assets exempt from the determination of family income assistance, any sums paid or payable to a person pursuant to the settlement agreement fi led in the B.C. Supreme Court in Action No. 980463 (Vancouver Registry) (the settlement agreement was made as a result of claims of abuse at Jericho School for the Deaf in Vancouver) (effective July 1, 2004, B.C. Reg. 276/2004)

EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISAB ILITIES ACT, amends the Employment and Assistance For Persons With Disabilities Regulation (B.C. Reg. 265/2002) including adding to the class of assets exempt from the determination of family income assistance, any sums paid or payable to a person pursuant to the settlement agreement filed in the B.C. Supreme Court in Action No. 980463 (Vancouver Registry) (the settlement agreement was made as a result of claims of abuse at Jericho School for the Deaf in Vancouver) (effective July 1, 2004, B.C. Reg. 276/2004)

\

I

ENVIRONMENTAL ASSESSMENT ACT, amends the Reviewable Projects Regulation (B.C. Reg. 270/200) (effective July 8, 2004, B.C. Reg. 319/2004)

ENVIRONMENTAL MANAGEMENT ACT, amends

the Environmental Data Quality Assurance Regulation (B.C. Reg. 301/90) (effective July 8, 2004, B.C. Reg. 323/2004) and amends the Contaminated Sites Regulation (B.C. Reg. 375/96) (effective July 8, 2004, B.C. Reg. 324/2004). Further, the following regulations are created: Conservation Officer Service Authority Regulation (effective July 8, 2004, B.C. Reg. 318/2004) and the Waste Discharge Regulation (effective July 8, 2004, B.C. Reg. 320/2004). Effective July 8, 2004 by B.C. Reg. 321/2004, the following regulations are amended: Agricultural Waste Control Regulation (B.C. Reg. 131/92), Antisapstain Chemical Waste Control . Regulation (B.C. Reg. 300/90), Asphalt Plant Regulation (B.C. Reg. 217/97), Beverage Container Stewardship Program Regulation (B .C. Reg. 406/97), Cleaner Gasoline Regulation (B.C . Reg. 498/95), Environmental Appeal Board Procedure Regulation (B.C. Reg. 1/82), Environmental Impact Assessment Regulation (B.C. Reg. 330/81), Finfish Aquaeulture Waste Control Regulation (B.C. Reg. 256/2002), Gasoline Vapour Control Regulation (B .C. Reg. 226/95), Land-based Fin Fish Waste Control Regulation B.C. Reg. 68/94), Motor Vehicle Emissions Control Warranty Regulation (B.C. Reg. 116/96), Mushroom Composting Pollution Prevention Regulation (B.C. Reg. 413/98), Oil and Gas Waste Regulation (B.C. Reg. 208/96), Ootsa Lake Beehive

LEGISLATIVE UPDATE

Burner Regulation (B.C. Reg. 142/2001), Open Burning Smoke Control Regulation (B.C. Reg. 145/93), Organic Matter Recycling Regulation (B.C. Reg. 18/2 002), Ozone Depleting Substance and Other Halocarbons Regulation (B.C. Reg. 387/99), Petroleum Storage and Distribution Facilities Storm Water Regulation (B.C. Reg. 168/94), Placer Mining Waste Control Regulation (B.C. Reg. 107/89), Post-Consumer Residual Stewardship Program Regulation (B.C. Reg. 111/97), Public Notification Regulation (B.C. Reg. 202/94), Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation (B.C. Reg. 470/90), Rebate of Waste Management Fees Regulation (B.C. Reg. 267/2000), Spill Cost Recovery Regulation (B.C. Reg. 250/98), Spill Reporting Regulation (B.C. Reg. 263/90), Storage of Recyclable Material Regulation (B.C. Reg. 133/92), Sulphur Content of Fuel Regulation (B.C. Reg. 67/89), Waste Management Act Municipal Sewage Regulation (B.C. Reg. 129/99), Waste Management Permit Fees Regulation (B.C. Reg. 299/92) and Wood Residue Burner and Incinerator Regulation (B.C. Reg. 519/95). The Special Waste Regulation (B.C. Reg. 63/88) is amended (effective July 8, 2004, B.C. Reg. 319/2004), the Contaminated Sites Regulation (B.C. Reg. 375/96) is amended (effective July 8, 2004, B.C. Reg. 322/2004) and the Conditional Exemption Regulation (B.C.

Octobe r 2004 BARTALK

17

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LEGISLATIVE UPDATE

REGULAT IONS TO NOTE

Reg. 201194) is repealed (effective July 8, 2004, B.C. Reg. 32112004)

EVIDENCE ACT, creates the Designation Regulation No. 4 (M296) to designate members of the Employment Standards Branch, under the Employment Standards Act, as commissioners for taking affidavits for British Columbia (effective August 17, 2004, B.C. Reg. 39112004) and creates the Designation Regulation No.5 (M297) to designate Conservation Officer Service members, under the Environmental Management Act, as commissioners for taking affidavits for B.C. (effective August 17,2004, B.C. Reg. 392/2004) FISH PROTECTION ACT, repeals the Streamside Protection Regulation (B.C. Reg. 10/2001) and creates the Riparian Areas Regulation (effective March 31, 2005, B.C. Reg. 837/2004)

FOOD SAFETY ACT, repeals the Meat Inspection Regulation (B.C. Reg. 54/66) (effective September 1, 2004, B.C. Reg. 349/2004), ereates a new Meat Inspection Regulation (effective September 1, 2004, B.C. Reg. 349/2004), repeals regulations respecting specified meat inspection areas (effective September 1, 2004, B.C. Reg. 350/2004) and amends the Slaughter House Regulation (B.C. Reg. 350/83), under the Health Act (effective September 1, 2004, B.C. Reg. 800/2004) FOREST ACT, repeals the Advertising, Deposits and Disposition Regulation (B.C. Reg. 552/78) (effective June 18, 2004, B.C. Reg. 277/2004) and 18

BARTALK Octobe r 2004

amends the Timber Harvesting Contract and Subcontract Regulation (B.C. Reg. 22/96)(effective June 21, 2004, B.C. Reg. 278/2004)

FOREST AND RANGE PRACTICES ACT, amends the: Administrative Review and Appeal Procedure Regulation (B.C. Reg. 12/2004)(effective July 23, 2004, B.C. Reg. 353/2004), the Forest Recreation Regulation (B.C. Reg. 16/2004)(effective July 23, 2004, B.C. Reg. 354/2004), Forest Service Road Use Regulation (B.C. Reg. 70/2004)(effective July 23,2004, B.C. Reg. 354/2004) and the Woodlot Licence Planning and Practices Regulation (B.C. Reg. 2112004)(effective July 23,2004, B.C. Reg. 355/2004)

FOREST PRACTICES CODE OF BRITISH COLUMBIA ACT, amends the Forest Fire Prevention and Suppression Regulation (B.C. Reg. 169/95) (effective July 8, 2004, B.C. Reg. 325/2004)

FORESTS STATUTES AMENDMENT ACT, 2004, ereates the Transfer Regulation (effective July 23, 2004, B.C. Reg. 35112004), creates the Community Tenures Regulation and amends the Advertising, Deposits, Disposition and Extensions Regulation (B.C. Reg. 277/2004) (effective July 23,2004, B.C. Reg. 352/2004)

FINANCIAL INSTITUTIONS ACT, amends the Insurance Licensing Regulation (B.C. Reg. 329/90) (effective July 4, 2004, B.C. Reg. 274/2004)

FOREST ACT, amends the Advertising, Deposits and Disposition Regulation (B.C. Reg. 552/78) (effective June 18, 2004, B.C. Reg. 277/2004) and amends the Timber Harvesting Contract and Subcontract Regulation (B.C. Reg. 22/96)(effective June 21, 2004, B.C. Reg. 278/2004) GAMING CONTROL ACT, amends the Gaming Control Regulation (B .C. Reg. 208/2002) (effective June 18,2004, B.C. Reg. 280/2004)

HEALTH ACT, repeals the Sewage Disposal Regulation (B.C. Reg. 4111085) and is replaced by the Sewerage System Regulation (both effective May 31,2005, B.C. Reg. 326/2004) HOMEOWNER PROTECTION ACT, amends the Building Envelope Renovation Regulation (B.C. Reg. 240/2000) and the Homeowner Protection Act Regulation (B.C. Reg. 29/99) (effective July 4, 2004, B.C. Reg. 274/2004 and effective July 28, 2004, B.C. Reg. 360/2004)

INSURANCE CORPORATION ACT, repeals the Special Direction IC1 to the British Columbia Utilities Commission (B.C. Reg. 32112003) and replaces it with the Special Direction IC2, which provides, among other th ings, directions relating to the operation of ICBC's optional automobile insurance business (effective June 30, 2004, B.C. Reg. 307/2004). Further, the Special Direction IC2 to the British Columbia Utilities Commission (B.C. Reg. 307/2004)

REGULATIONS TO NOTE

is amended regarding the capital required to be available to the operation of the Insurance Corporation of British Columbia's optional automobile insurance business (effective July 7, 2004, B.C. Reg. 313/2004)

INTERNATIONAL FINANCIAL ACTIVITY ACT, creates the International Financial Activity Regulation (effective September 1, 2004, B.C. Reg. 327/2004)

LAND TAX DEFERMENT ACT, amends the Land Tax Deferment Regulation (B.C. Reg. 57/98) (effective July 8, 2004, B.C. Reg. 328/2004)

LAND TITLE ACT, amends the Land Title Act Regulation (B.C. Reg. 334/79) (effective July 4, 2004, B.C. Reg. 274/2004) LOCAL GOVERNMENT ACT, creates the Regional Parks and Regional Trails Regulation (effective July 23,2004, B.C. Reg. 36112004)

MORTGAGE BROKERS ACT, amends the Mortgage Brokers Act Regulations (B.C. Reg. 100/73) (effective July 4, 2004, B.C. Reg. 274/2004)

MOTOR DEALER ACT, amends the Motor Dealer Act Regulation (B.C. Reg. 447/78) and Motor Dealer Licensing Regulation (B.C. Reg. 391194) (effective July 4, 2004, B.C. Reg. 274/2004) MOTOR FUEL TAX ACT, amends the Motor Fuel Tax Regulation (B.C. Reg. 414/85) (effective July 1, 2004, B.C. Reg. 264/2004)

NANAIMO AND SOUTH WEST

WATER SUPPLY ACT, creates the Nanaimo and South West Water Supply Service Regulation (effective August I, 2004, B.C. Reg. 365/2004)

OFFENCE ACT, amends the Violation Ticket Administration and Fines Regulation (B.C. Reg. 89/97) to add offences under the Gaming Control Act related to the operation of horse racetracks (effective July 8, 2004, B.C. Reg. 329/2004), amends the lnvestigation and Prosecution Costs Regulation (B.C. Reg. 227/90) regarding offences under the Water Act (effective November I, 2004, B.C. Reg. 367/2004 and effective July 23, 2004, B.C. Reg. 368/2004) and the Violation Ticket Administration and Fines Regulation, (B.C. Reg. 89/97) regarding section references (effective November 1, 2004, B.C. Reg. 369/2004 and effective July 23, 2004, B.C. Reg. 368/2004)

OMBUDSMAN ACT, adds the Business Practices and Consumer Protection Authority, established under the Business Practices and Consumer Protection Authority Act, as a specified authority to the Ombudsman Act (effective June 30, 2004, Order in Council 648) PETROLEUM AND NATURAL GAS ACT, amends the Drilling and Production Regulation (B.C. Reg. 362/98) (effective August 13, 2004, B.C. Reg. 390/2004)

PRIVATE MANAGED FOREST LAND ACT, creates the Private Managed Forest Land Council Regulation (effective August 3, 2004, B.C. Reg. 336/2004), creates the Private Managed Forest

LEGISLATIVE UPDATE

Land Regulation (effective August 3, 2004, B.C. Reg. 37112004), repeals the Private Land Forest Practices Regulation (B.C. Reg. 318/99) (effective August 3, 2004, B.C. Reg. 37112004), creates the Private Managed Forest Land Council Matters Regulation (effective August 3, 2004, B.C. Reg. 372/2004) and repeals the Forest Land Reserve Procedure Regulation (B.C. Reg. 176/2002) (effective August 3, 2004, B.C. Reg. 372/2004)

SAFETY STANDARDS ACT, amends the Administration Delegation Regulation (B.C. Reg. 234/2004) to add the City of Surrey to the regulation (effective June 18,2004, B.C. Reg. 288/2004) and amends the Safety Standards Act Repeal and Transitional Provisions Regulations (B.C. Reg. 137/2004) (effective June 18, 2004, B.C. Reg. 289/2004)

SMALL BUSINESS VENTURE CAPITAL ACT, amends the Small Business Venture Capital Regulation (B.C. Reg. 390/98) (effective June 11,2004, B.C. Reg. 267/2004)

UNCLAIMED PROPERTY ACT, amends the Unclaimed Property Regulation (B.C. Reg.463/99) (effective July 4, 2004, B.C. Reg. 274/2004)

WASTE MANAGEMENT ACT, amends the Ozone Depleting Substances and Other Halocarbons Regulation (B.C. Reg. 387/99) (effective June II, 2004, B.C. Reg. 268/2004)

October 2004 BARTALK

19

LEGISLATIVE UPDATE

WATER ACT, creates the G round water Protection Regulation (sections 1 to 6 are in force November 1, 2004, the remaind er in fo rce N ovember 1, 2005, B.C. Reg. 299/2004) and amend s the Water Regulation (B.C. Reg. 204/88) (in force November 1, 2004, B.C. Reg. 309/2004)

WORKERS COMPENSATION ACT, amends the Occupational Health and Safety Regulation (B.C. Reg. 296/97) regarding agricultural operations and repeals the Regulations for Agricultural Operations (B.C. Reg. 146/93), Industrial Health and Safety Regul ation (B.C. Reg. 585/77) and the Application of H ealth and Safety Regulations to the Farming Industry (B.C. Reg. 340/97) (all effective January 1, 2005, B.C. Reg. 31 2/2004)

REPORTS AVAILABLE

REPORTS AVAILABLE

Source: Information and P ri vacy Comm issioner of B.C. Available at: www. oipcbc.org

IN SICKNESS AND IN HEALTH: HEALTHY WORKPLACES FOR BRITISH COLUMBIA'S HEALTH CARE WORKERS (JUNE 2004) Sou rce: Office of the A uditor General. Available at: bcauditor. com/Aud itorGeneral.htm

CON SULTATION PAPER ON UNFAIR CONTRACT TERMS (JUNE 2004) Source: B.C. Law Institute.

Available at: w ww.bcli.org

ENDURING POWERS OF ATTORNEY, CONSULTATION PAPER NO . 1 (WESTERN CANADA LAW REFORM AGENCIES) (AUGUST 2004) Source: B.C. Law Institute.

Available at: www.bcli.org

Cases on the Doctrine of Scienter Q: l"m dealing with a case of a dog attack. l"ve already found information from the perspective of negligence but am also looking for cases etc. on the doctrine of scienter. What would you suggest?

A: 2003/2004 ANNUAL REPORT OF THE AUDITOR GENERAL OF BRITISH COLUMBIA (JUNE 2004) Source: O ffice of the Auditor General. Available at: bcauditor .com/ AuditorGeneral.htm

ASSESSING USA PATRIOT ACT IMPLICATIONS FOR PRIVACY COMPLIANCE UNDER BRITISH COLUMBIA'S FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (JULY 2004)

20

One place to start would be the BCCLS library catalogue. A general keyword search for ··animal law·· brings up a list of 12 items and will direct you to some textbooks on the subject. Since there are few Canadian texts on this subject, however, in order to find case law and the applicable legislation , you will need to turn to a Canadian source.

WestlaweCarswell's LawSource, an online system, can provide you with case law, an autho rity list for each case, applicable CEO e ntries plus KeyCite references showing how the cases have been treated. A phrase search for "doctrine of scienter" and ··animal" provides a list of 14 B.C. cases, with the accompanying citing references .

LawSource includes all cases published in Carswell topical law reports, legislation, the CEO, the Canadian Abridgment and KeyCite, an electronic citator fo r Canadian cases and legislation . The subscription is paid for by the B.C . Courthouse Library Society and is freely available in all courthouse libraries except Vancouver. See page 30 for information on fre e LawSource tra ining .

The B.C. Courthouse Library Society welco mes your questions.

E-mail queries to bccls@bccls.bc.ca

BARTALK Octobe r 2004

1

r

Executive Committee 2004/2005

MICHAEL C. WOODWARD (PRESIDENT) Michael Woodward is a graduate of UBC in mathematics and in law; he was called to the bar in 1986. He is a founding partner in the law firm Woodward Walker, which acts in local government legal matters throughout the province.

An elected member of CBA Branch Council since 1997, Michael was first elected to the Executive in 2001, and in 2004 was elected as President of the Branch, whereby he chairs the Executive Committee.

He also sits on National Council, and on the National Board of L-R : Frits E. Verhoeven , Robert C. Brun, Michael C. Woodward, Sarah Directors.

L. Klinger, F. Kenneth Walton, Sharon D. Matthews, Timothy D. He IS past-Chair of the Klaassen, Marguerite [Meg] Shaw, Stella D. Frame, Michael T. Mulligan Municipal Law Section, and a member of the Labour and Bachelor of Laws degree in 1977, both from UBC. Environmental Sections. He has presented papers at He was called to the B.C. bar in 1978 and entered priseveral CLE courses, has authored the Municipal vate practice in Vancouver. Robert worked in the Law chapter for CLE's Annual Review of Law and WCB's Legal Services Department from 1979 to July Practice for the past seven years, and was course cowhen he entered into a partnership with Lyle 1984, ordinator for the most recent Municipal Law CLE Harris in Vancouver.

Today the firm of Harris & program. He frequently lectures for the Local Brun consists of 20 staff and lawyers.

Government Management Association, the Union of Robert has practised in Vancouver since 1984 B.C. Municipalities, the Municipal Administration ' appearing frequently in the Supreme Court of B.C. Training Institute, and the Capilano College Public and the B.C. Court of Appeal. On several occasions he Administration Program. has ventured before the Supreme Court of Canada.

Following articles and three years as a Robert is a frequent speaker at both CLE and labour/school law associate at Campney & Murphy, Trial Lawyers Association of B.C . (TLABC) semiMichael spent two years with the municipal law firm nars. He has been an active member of the TLABC Lidstone, Young, Anderson, followed by 11 years as since 1991. He has been a member of the CBA since a partner in the municipal law firm Thompson & 1977, serving on the executive of the Insurance Law McConnell. He and his law partner Robert Walker Section from 1991 to 1995. In 1997, he was elected to founded Woodward Walker in mid-2002.

Provincial Council and served two terms. He was ROBERT BRUN (PAST PRESIDENT) first elected to the Executive of the Provincial Council in 2000, serving as Secretary-Treasurer Robert was born in Whitehorse in 1952 and schooled (200112002), Vice-President (2002/2003), and in Vancouver. Robert received a BA in 1974 and a President (2003/2004).

October 2004 BARTALK

21

EXECUTIVE COMMITTEE 2004/2005

MARGUERITE (MEG) SHAW (VICE-PRESIDENT) 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. She practises with Hattori & Shaw in Kelowna 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. Meg served the CBABC first as Chair of the Family Law-Okanagan Section for three years, then Co-Chair of the ADR-Okanagan Section, and as an elected Member for Yale County for six years. Meg served as an Officer on the Executive Committee for for two years, and Secretary Treasurer for 2003-2004.

Community involvement includes serving as a Director on the board of the Registered Nurses Association of B.C ., the Institutional Research Committee for Kelowna General Hospital, and the board of the Kelowna-Westbank YM-YWCA. Meg has also been a guest lecturer at Okanagan University College, Cariboo College, and CLE. She has provided pro bono services for the Central Okanagan Hospice Association and the Elizabeth Fry Society.

FRITS VERHOEVEN (SECRETARY-TREASURER) Frits Verhoeven is a partner in the Vancouver law firm of Edwards, Kenny & 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 first elected to Provincial Council in 1999 and was re-elected in 2002. He served on the Member Services Committee for four years, from 1999 to 2003 . He was a member of the national CBA Special Committee on Financial Services, 200112002.

During 2002/2003, he served as the Chair of the Business of Law Committee. He has served on the Executive Committee since August 2003.

Frits resides in Richmond, with his wife Kathryn and their four children. He coaches a hockey team in the Richmond Minor Hockey Association.

22

BARTALK October 2004

STELLA FRAME (EQUALITY COMMITTEE REPRESENTATIVE) Stella Frame is a shareholder of Boughton Peterson Yang Anderson Law Corporation. She graduated from UVic Law School in 1988 and was called to the bar in 1989. Stella practises in civil litigation with a focus on banking, commercial, construction (leaky condos), and bankruptcy and insolvency litigation.

She leads the firm's insolvency practice group.

Stella has been a volunteer for the Continuing Legal Education Society, updating course materials for the Professional Legal Training Course (PLTC) and updating the Practice Checklists Manual for the Law Society of B.C. She has also delivered the collections lecture for PLTC and has delivered speeches on insolvency issues to financial institutions and related credit grantors' associations. Stella is a past member of the CBABC's Judicial Advisory Committee, the Women's Advisory Committee, and the Court Order Enforcement Act Review committee. She is the past secretary of the Insolvency Section, and is currently Chair of the CBABC Equality Committee. Stella also leads Boughton's women in business marketing focus group.

TIM KLAASSEN (OFFICER) The University of Saskatchewan granted Tim an LL.B. in 1994. Prior to law school he was employed with the Canadian Federation of Students as the Fieldworker for New Brunswick and Prince Edward Island. He worked as a summer student with Saskatchewan Continuing Legal Education in 1993 and articled with the Manitoba Department of Justice in the Winnipeg office the next year.

Tim was called to the B.C. bar and took an associate position with Currie and Company of Houston , B.C. in 1995. The next year he acquired the general practice of Judge Mark Takahashi in Smithers, where he have been ever since. He specializes in litigation, particularly criminal defence, and he has tried cases in French.

His involvement in professional assoCiatiOns from 1996 to 2004 includes chairing the General Practitioners-Prince Rupert Section, serving as a County Bar president, local bar organizer and representative on court committees, chairing and volunteering on the CBABC Communications Committee

EXECUTIVE COMMITTEE 2004/2005

and serving as an elected representative on Provincial Council since 1999. Tim enjoys the warm camaraderie of the lawyers separated by the vast distances along the Yellowhead highway and the unprecedented access to the judiciary of the northern bar.

SARAH KLINGER (YOUNG LAWYER'S REPRESENTATIVE) Sarah Klinger practises civil litigation with Waddell Raponi in Victoria, with a focus primarily on personal injury, employment, contract, and administrative law. She was called to the B.C. bar in 2001. She has a Bachelor of Arts in English Honours from the University of Victoria. She completed her LL.B. at the University of Victoria after spending her first year of law school at Dalhousie University in Halifax.

Sarah has been on the executive board of the Young Lawyers-Victoria Section for the past four years; she is beginning her second term as Chair of that Section, and her first term as the Young Lawyer's Representative on the Executive.

Sarah has been active in returning to UVic to speak to incoming law students, to act as a judge in the annual Fraser Milner Casgrain Negotiation Competition, and to act as a mentor in the Canadian Bar Association and UVic Law Mentor Program.

SHARON MATTHEWS (OFFICER) Sharon Matthews obtained bachelors degrees in Commerce (Hon.) and Law at UBC in 1992 and was called to the bar in 1993. She practises in Vancouver with Camp Fiorante Matthews.

Sharon confines her practice to civil litigation with an emphasis on product liability, aviation litigation, and class actions. She has appeared before all levels of court in B.C., and before the Ontario Superior Court of Justice, the Ontario Court of Appeal and the Alberta Queens' Bench.

Sharon was a co-founder, Secretary and CoChair of the Class Action Section. She has been an elected member of Provincial Council from Vancouver County since 2001. She chairs the Resolutions & Bylaws Committee and the Sections Committee.

Sharon was the 2003 recipient of the CBABC President's Medal.

Sharon was a member of the Advocates Club from 1998-2002. She is a member of the TLABC and the Alberta Trial Lawyers Association. She has written numerous papers on civil litigation and class actions and she has lectured for the CBA, TLABC, the Canadian Institute, UBC Law School and the Canadian Association for the Study of the Liver.

MICHAEL MULLIGAN (OFFICER) Michael Mulligan practises criminal law in Victoria at Mulligan Tam Pearson. Michael attended law school at the University of Victoria and, after anicling at the Department of Justice in Vancouver, returned to Victoria in 1998 to enter private practice.

Michael served as Treasurer of the Young Lawyers-Victoria Section in 1998 and as the Chair of the Criminal Justice-Victoria Section from 2001 to 2004. He was elected to Provincial Council and to the Executive in 2004.

In addition to being a member of the CBA he is also a member of the TLABC and the International Society for the Reform of Criminal Law.

F. KENNETH WALTON (OFFICER) Ken obtained his law degree from the University of Saskatchewan in 1972. He was called to the bar in 1973 in Saskatchewan and 1975 in B.C. Save a year with the B.C. Department (as it then was) of the Attorney General, Ken has been in private practice throughout his career, in Victoria since 1975. At one time or another, Ken has done almost every aspect of courtroom work plus some selected solicitor work, mostly in wills and estates.

Ken served on the Victoria Bar Association in the late 1980's. An elected member of CBA Council this year, Ken was the Wills and Trusts-Victoria Section chair in 2003-04. Ken has been a CLE lecturer in the area of ICBC Part 7 no-fault benefits. He has written articles for The Ve1路dict on, among other topics, experts' fees and Canada Pension Plan LongTerm Disability.

Ken comes to serve his fellow practitioners from a lengthy history of community service with Kinsmen, Rotary, K-40, the Y, Goodwill, and the board of an elder home.

Ken hopes to help us all by promoting the interests of lawyers, a profession he feels privileged to be part of. BT October 2004 BARTALK

23

ARTICLING

Is There an Articling Crisis?

Students and law firms work to meet the challenge

from their summer student pools; in effect, using here have been conflicting reports on the state of articling in the past few years. summer terms as probation periods, says a student Anyone who knows a student seeking articles coordinator at a large Vancouver firm. "We can use will hear of the difficulty in finding them. those months as a long interview period to really We spoke with a number of students about their assess a person." Students who have missed out on summer positions at large firms may find themselves expenence.

"The stress was worse than the process," says a shut out of articling positions at those firms.

Both UVic and UBC say that approximately 90 UBC student who has secured his articles. "Getting articles is your immediate goal. If you don't get them, per cent of students searching for articling positions what have you been going to law school for?" Bad have been placed, down only five per cent from prenews about articles hits students from all corners ... vtous years.

Students who seek articles only at large law they hear about a shrinking number of positions, firms likely exclude themselves from an emerging firms not hiring students back, and students considering articling for free just to obtain their articles. market. "The smaller and mid-size firm market is [Editor's note: Although allowed, the Law Society does opening up," says Jennifer Moroskat, UVic Career not encourage this practice.} Development Officer.

The pressure on students to find articles isn't Smaller firms do not tend to get involved in the helped by the feeling that their law career hinges on formal recruitment cycle, and instead tend to hire finding a position. At least in Alberta and Ontario, students in the spring semester as their needs become students can take the bar admission course before more apparent. One Kelowna firm says business in securing articles. "If it were possible to take PLTC their town is booming; most firms have an articling before having entered into articles, I sometimes think student, and they are searching Canada-wide for top that might make one more marketable," says one student, who com"When we get to the point where we can act pleted his law degree in May and has since sought articles in Vancouver. as principal. .. we have a duty to provide that Another area of concern to stuopportunity to an articled student." dents is the recent change to the Law Society's articling requirements which now necessitate students acquiring experience law students with a connection to their area. The in three areas of law. The worry is that boutique number of applications to that firm has remained firms with a limited focus may not be able to meet steady. those qualifications. Leslie Small, Manager of In the articling market, smaller and mid-sized Credentials and Licensing at the Law Society, says firms are stepping up to provide this essential trainthat just hasn't happened. Not one firm applying to ing, but it is students who must actively door-knock have an articling student has failed to meet the three and network directly with firms. Sarah Klinger, the areas of law criteria.

CBABC's Young Lawyers Representative, says stuThe articling hiring practices at law firms may dents shouldn't be afraid to take the initiative and be a contributor to articling stress. Some large firms contact firms. One student who recently found artiare developing their summer programs and hiring cles networked extensively throughout his second

T

24

BARTALK October 2004

PERSEVERANCE

year. "By the time articling week arrived, I was ready to meet with firms and knew what the process would be." This student sent in his application, had an interview, and attended a wine and cheese function where he "cornered" the hiring committee's chair. As a result, he obtained the desired articling position on the first day of articling week.

Lawyers, for their part, have a responsibility as well. "The articling process is how the younger generation learns to practise law," says Sarah Klinger.

"When we get to the point where we can act as prin-

ARTICLING

cipal (after seven years of practising), we have a duty to provide that opportunity to an articled student."

The average practising lawyer in B.C. is about 46 or 47 years old. The time is right to guide new lawyers and share knowledge, professionalism, collegiality and war stories.

If you are interested in providing an articling position, please contact Jennifer Moroskat, UVic Law Career Development Officer (250-472-4719) or Judy Pozsgay & Nadia Myerthall, UBC Law CoDirectors of Career Services (604-822-0846). BT

Chasing a Goal With Seconds To Spare Coming around the last corner the pain was excruciating. A tight band was across my hips - my legs were leaden. With each stride the pain shot through my legs.

But I had to keep going. The clock read three hours and 29 minutes and to realize my dream I had to finish the Victoria International Marathon in 3:30. Not knowing if I could keep going, or where to turn for help, I thought of my wife's father, Marland, who had passed away just one month earlier. I was running this race in his honor to see if I could finally qualify for the Boston Marathon.

James Dunn holds his son, Marland's advice came to me quickly : "Keep running and run hard moments after qualify ing for er." So I did. On the final stretch I looked like a human crab- arms and the Boston Marathon . legs flailing away- as I tried to run faster. Others described me more like a human windmill that was experiencing mechanical difficulties. Suffice it to say the previous 25 miles were not contributing to a free -flowing running style.

I just wanted to give up. Every part of my body hurt and I thought, "If I give up who would know?" I couldn't live with that answer. Calling on everything I had left, this crab-like, windmill-challenged figure careened down the last yards to finish in a time of 3 hours 29 minutes and 54 seconds. I fell into the waiting arms of my family, unable to take another step. After eight years of trying, I had qualified for the Boston marathon by six seconds.

It was not easy for me to qualify for Boston. I had to put in years of training and deal with numerous "failed" attempts. It helped to remember what Winston Churchill said when he was asked what his most helpful ability was in dealing with the darkest days of the war, when all looked like it was lost. What Winston Churchill pointed to was not the successes of his life. Rather he remembered the two years in primary school when he was required to repeat the same grade. Others could see that as a "failure" but Churchill saw it as his greatest asset as it provided him with the perseverance to keep on going. The people of England, he knew, needed someone who would not quit when things got tough.

So I learned, too, that not getting what I want, when I want it, is often a good thing. It was my repeated attempts, what some people refer to as "failures," that gave me the strength and courage to keep on going. For that one day, at that one marathon, I was tough enough to achieve what seemed impossible.

James Dunn is a program lawyer for the Lawyers Assistance Program which provides support services for lawyers in B .C. October 2004 BARTALK

25

MARKETING

SUSAN VAN DYKE

Marketing Techniques Growing a new practice with healthy habits

keting to the street. Join an organrink lots of water, eat fruits and vegetables, ization of interest; one that can lead to work (for more on this exercise regularly, and develop good marketing topic see BarTalk, June 2004, Volume 16/Number 3 issue or habits early. It's simple, really; just access it online at www.bccba.org). activate some basic business develRead this twice: this is a long term opment strategies now and you'll endeavor. Now that you have reap the rewards.

Consider first your sources of good face-to-face rapport, future work. Files can come from down mailings, e-mails, and phone calls will have more impact. the hall or from across the street Susan Van Dyke, Principa l, Van Dyke Market in g & Get curious about clients' (or some claim it can fall from the Communications, is a Law firm clear blue sky). And because you'll industries - skim just one or two marketing consultant. She can of their publications, attend conshare an elevator each morning be reached at 604-876-7 769 or with a potential "client," let's conferences, meetings and talk to the svandyke@telus.net sider your "internal market" first. players (even if you have to unglue Since most work will initially yourself from a wall to introduce come from within the firm, develop a reputation as a yourself), and you will naturally fall into the fold . keener: someone who demonstrates reliability, initiaSoon you will be a contributor and the firm's go-to tive, resourcefulness and independence. Get on comperson for industry news. mittees, attend firm functions, arrive at meetings Write a lot. Distill recent decisions, rework an prepared and on time and always meet (or beat) opinion memorandum, "co-author" an article with a deadlines. partner and get your publications on your firm's Web Get a mentor. Attach yourself to a (willing) partsite, into trade publications, or newsletters. ner. Choose someone who has plenty of work, is Stash your business cards everywhere so you well-connected and respected throughout the firm . always have some on hand. Collect cards and value Ask to be included on a non-billable basis in client them. Create a database - even Outlook, Maximizer meetings, lunches, signings, court appearances- as a or Excel will do. Use the convenience of a database to keener you can add value, but discuss work-related keep in touch through events, newsletters, holiday limitations with your mentor. cards, lunch, phone calls, etc.

Get to know all the partners. Lunch, meet, interBefore you know it, you'll need to make note of view. Ask questions and target each as a potential the transactions, closings and decisions that you've source of work. Ask if they need help and only turn worked on. Your work history is akin to your invendown work if you can't possibly meet the deadline. tory, so to speak - keep a running index so you can The staff and administration can also propel you trot it out when a client asks if "you've worked on to success. The librarian is often on the pulse of active this sort of thing before." files and is a great person to get on-side.

Limit your trans fats, get plenty of sleep and folNow that you're en route to building a great prolow these simple rules to be well on your way to fessional reputation inside the firm, take your marbuilding a thriving practice. BT

D

26

BARTALK October 2004

NAT ION AL NEWS

Legislative Look-Ahead Parliament reconvenes this month with Canada 's first minority government in a generation . CBA Sections and Committees are ready to respond to new and returning government initiatives. Here are just some of the issues on the radar screen: • the three-year review of anti-terrorism legislation; • a more transparent appointment process for the Supreme Court of Canada; • family lawcustody and access, and spousal support guidelines;

Code of Conduct Changes After four years of deliberation, changes are ready to be incorporated into the CBA's Code of Professional Conduct to bring it into line with the reality of current law practice. Rules for conflict of interest when a lawyer changes firm, duty of loyalty to the client, protection and advancement of the independence of the bar, new rules for lawyers acting as mediators, along with updated commentary on non-discrimination (sexual harassment and harassment), are among the many revisions to the Code that were approved unanimously by CBA Council.

The last comprehensive changes to the Code were made in 1987.

The CBA is looking at funding options to print the Code and make hard copies available to all members. Meanwhile, to view the resolutions amending the Code online, visit www.cba.org/CBNresolutions/2004res.

CBA Joins Protest For Guantanamo Bay Prisoners

• corporate governance; • legal aid; • a review of the refugee determination system; • drug-impaired driving; • report of the quadrennial commission on judicial compensation; and • possession of marijuana.

The CBA has joined 26 international legal leaders to condemn the continuing detention of non-U.S. "enemy combatants" in Guantanamo Bay. In a joint letter signed in August, the 26 bar leaders deplored the considerable time the detainees have been held without access to lawyers of their choice or their families in reported conditions of physical and psychological duress. "The case for them to be able to challenge their detention in a civilian court is stronger than ever," says the document.

The statement asserts that the war on terrorism will not and cannot be won by denying those suspected of terrorism the fundamental right of a fair opportunity to test the evidence against them.

Image Campaign Enters Round Two

National Law Student Edition National magazine has

This fall, the CBA launches the second phase of its bilingual national image campaign. TV ads, produced and aired last spring and seen by millions of Canadians, will run during "The Greatest Canadian" television series, scheduled to air starting on October 17. The ads will also run on CBC Newsworld.

Both the TV and print ads were well received by the public and CBA members. The B.C . Branch has arranged further local broadcasts of the TV ad and placed print ads in many newspapers.

The ads can be viewed at www.cba.org/CBN about/discover.

published its second annual law student edition. This year's issue contains a series of articles in which students describe successful articling experiences, alternative summer positions, and humanitarian opportunities overseas.

October 2004 BARTALK

27

BAR MOVES

I

BRAVO

Bar Moves

~

71

Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to Bar Moves at cba@bccba.org .

CORRINE FIESEL has left Miller Thomson LLP in Vancouver and now practises with Burnet Duckworth & Palmer in Calgary in the area of securities.

MURRAY A. HARRIS has moved from Whitelaw Twining in Vancouver to Scott Hall LLP in Calgary, where he will continue practising insurance defence law.

JAMES KONDOPULOS has joined Greyell MacPhail as an associate lawyer. He practises in the areas oflabour, employment, and workplace human rights law.

TONY WILSON (together with his Macintosh) has moved his Franchise and Intellectual Property law practice to Boughton.

MS Society Lauds VLAP Volunteer Lawyers 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 organization. The MS Society's VLAP extends its deepest appreciation to these individuals in recognition of their efforts to help people living with multiple sclerosis have access to justice and equality: Vaughan Allin; Kenneth Armstrong; JoAnn Carmichael; Dick Chan; Seema Chaskar; David Christian; Vicki Easingwood; Del Elgersma; John Grover; Susan Hughes-Hart; Michael Johnson; Gordon Kopelow; Tim Louis; Pivot Wins Praise for Kirsten Madsen; Edward Ng, Non-Profit Work Kathleen Packard; Elaine Reynolds; Alan Ross; and Shawn The Pivot Legal Society and nurse Megan Oleson are the joint Canadian recipients of the Smith.

Davis and Company has 2004 Award for Action on HIV/AIDS and Human Rights shown continued support and presented by the Canadian HIV/AIDS Legal Network commitment to VLAP. This coland the New York-based Human Rights Watch. laborative relationship has made a Pivot, a non-profit society, focuses on legal and human-rights issues in huge difference in the lives of peoVancouver's Downtown Eastside . "Pivot's brave and tireless work has ple with multiple sclerosis. he lped to empower the most marg inalized drug users in British VLAP also recognizes the Columbia," said Joanne Csete, Program Director for Human Rights Law Foundation of B.C. for its Watch's HIV/AIDS. "It has also forced both city and provincial authorities generous funding. to grapple more seriously than ever with police harassment and dueFor more information or to process violations against drug users and sex-trade workers ." volunteer for VLAP, please conMs. Oleson and Pivot lawyer John Richardson were especially praised tact Adrianne Boothroyd at 604for their work by Ann Livingston, a spokeswoman for the Vancouver 602-3204 (adrianne.boothroyd@ Area Network of Drug Users (VANDU). mssociety.ca).

28

BARTALK October 2004

MEMBER SERVICES

Special Deals For CBA Members Check out some of these featured Member Services savings

Primus Canada offers CBA

Virtual HR Online

members a rate of $0.0475

The CBA"s newest Preferred Supplier offers CBA

per minute for long distance business calls, and a variety of Internet services. Details: www.primustel.ca/cbas

members in small and medium-sized firms "virtual" human resources assistance. HRDEPT.com provides Web-enabled HR administrative tools and services to help manage their human resource requirements.

Key benefits include improved HR transaction process, simplified administration procedures, better services to employees and ma nagers, and

Whistler/Blackcomb

time savings for busy practitioners.

Details: call Ken Duff, 613-728-8992 [e-mail ken@hr-dept.coml

This winter, take advantage of some of the deals offered by the CBA's Corporate Club Program.

Enjoy reduced rates on a variety of products ranging from one day lift passes to the five day 'Edge Cards.' This year's programs offer much more than a simple day of skiing or snowboarding. Some of the products available to CBABC members this year are: ski & snowboard school; adult weekend clinics; single day ski/ride lesson; Atomic Dave Murray Clinic; Women on the Edge (ski program for ladies only); and rental vouchers. See fu ll descriptions on the related insert in this issue.

Beyond an average savings of $16 per day on lift passes, also enjoy and average 20 to 25 per cent off all CBABC offered programs, including rental vouchers, ski lessons, and gourmet food vouchers.

The deadline for purchasing Whistler/Blackcomb tickets, lift passes and Edge Cards through the CBA is Friday, November 5. To view a complete list of the savings and products available to CBA members at Whistler visit www.bccba.org. Also see related insert in this issue.

Get Financial Planning and RSPs From a Company Built Just For Lawyers CBA Financial Services Inc. has appointed T.E. Financial Consu ltants to provide CBA members with objective, fee-based financia l plan ning.

Through an exclusive arrangement with CBA Financial, members of the CBA receive a discount of 10 per cent on services, while all members of the legal profession, their families and employees are entitled to a discount of five per cent. There is a spec ial introductory consult ing fee for junior lawyers [less than two years from initial call to the bar).

And don't miss out on the Manu life Group RSP offering on ly for lawyers, their staff, and families with an exclusive discount available to CBA membe rs.

Details : www.barfinancial.com

Canucks Tix On Ice Due to the postponement and potential cancellation of the NHL season, we are not taking orders for Canucks tickets. In the event that a collective bargaining agreement is reached and a schedule is created, look to CBABC for tickets to the best games at discounted rates. Before the puck drops, call Andrew Mugridge at 604-6873404 (e-mail amugridge @bccba.org) for tickets.

October 2004 BARTALK

29

CBABC PARTNERS

Legal Literature Index, Law Source Training

BRITISH COLUMBIA COURTHOUSE LIBRARY SOCIETY

B.C. LEGAL LITERATURE INDEX The B.C. Legal Literature Index provides access to articles in Section Papers, The Advocate, and The Verdict. Indexing has recently been completed for the CBA Section Papers and covers the period from 1988 to 2003. The Index is updated as issues are released. Access the Index at www.bccls.bc.ca, under Databases in "Legal Research."

FREE LAWSOURCE TRAINING BCCLS continues to offer LawSource training for lawyers outside Vancouver. LawSource is available for use on all branch computers in libraries outside Vancouver, and BCCLS offers many training opportunities for lawyers. Training sessions will be held this fall in Kamloops, Kelowna, Nanaimo, New Westminster, Prince George and Victoria, based on demand. For more information on training sessions, please speak with staff in the regional libraries.

Carswell trainers will conduct on-site training at your location, if you have a group of lawyers or law firm staff to be trained.

Teleconference training is also available. For information on Carswell training, e-mail allison.bale@thomson.com or call 1-800342-6288, ext. 5190, or 604-572-4954.

Lawyers Assistance Program

iii LAPBC

LAP provides confidential support, counselling and referrals for lawyers, their families, support staff, judges and students suffering from alcohol and/or chem ical dependency, stress, depression or just about any type of personal problem.

Options for Lawyers sem inars are held on the third Wednesday of every month. This ongoing series is intended as a networking, education and support group for lawyers and is free for members of the legal community.

For assistance or informat ion on meetings and resources please call 604-685-2171 or toll free1-888-6852171. The LAP office address is 415-1080 Mainland Street, Vancouver, B.C. V6B 2T4. www.lapbc.com

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October 12

New Westminster Bar Association Meeting (Westminster Club, 5:30p.m.

Contact: Samantha Hulme, 604-927-2142)

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October 15

Executive Committee Meeting (CBABC Boardroom)

October 16

Women Lawyers Forum: Career Strategies for Women Lawyers (New Westminster, $95)

November 9

New Westminster Bar Association Meeting (Westminster Club, 5:30p.m.

Contact: Samantha Hulme, 604-927-2142)

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November 17

Executive Committee Meeting (CBABC Boardroom)

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November 17

Bench & Bar Dinner (Pan Pacific Hotel, Vancouver, 5:45 p.m.)

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November 18

Women Lawyers Forum: Career Strategies for Women Lawyers (Vancouver, $95)

December 3

Local & County Bar Association Meeting (Delta Airport Hotel, Richmond)

December 4

AGM & Provincial Council Meeting (Delta Airport Hotel, Richmond)

December 10

New Westminster Bar Association Annual Christmas/Seasonal Party

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BARTALK October 2004

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CBABC PARTNERS

Grants Approved The Board of Governors of the Law Foundation of B.C. met on June 26, 2004.

Funding totaling $105,950 was approved for the following 10 new Small Project Grants.

THE@LAW

New Small Project Grants $15,000

UNION OF BC INDIAN CHIEFS Community Research Manual

$15,000

VERNON AND DISTRICT WOMEN'S CENTRE SOCIETY Poverty Advocate

$14,900

PEOPLE'S LAW SCHOOL Teacher's Guide to Learning about the Law

$13,000 WESTERN CANADA SOCIETY TO ACCESS JUSTICE/DOWNTOWN SOUTH GATHERING PLACE COMMUNITY CENTRE ASSOCIATION 2004/2005 Vancouver Pro Bono Clinic Promotion and Expansion Project $12,000

NORTH SHORE PROJECTS SOCIETY FOR THE LOWINCOME AND HANDICAPPED (CO-PRO) Legal Advocacy Project

$10,000

LAW COURTS EDUCATION SOCIETY Plain Language Booklets for the Public on Supreme Court Rules for Civil Proceedings

FOUNDATION OF BRITISH COLUMBIA

$7,500 TERRACE WOMEN'S RESOURCE CENTRE SOCIETY Legal Education Project $6,550

UBC FACULTY OF LAW Pro Bono Students of Canada Summer Program 2004

$6,000

BC CIVIL LIBERTIES ASSOCIATION Freedom in Action: Youth and Civil Liberties- An Interactive Workshop

$6,000

MOSAIC Front Line Advocacy Workers' Coordination Project

Court Services Online Launches This Month Court Services Online (CSO)- B.C.'s electron ic court registry- arrives this month with the launch of the CSO e-search service. Information from every court registry in B.C. will be accessible online, allowing users to conduct province-wide searches of Supreme and Provinc ial civil court files.

The informat ion available through e-search includes details on the nature of the claim or proceeding, the parties, documents filed, hearings, and results. Some limitat ions on access to information will apply based on the type of proceeding, particularly to information on family matters.

E-search is free in October. Thereafter, a service fee of $6, payable online by credit card, will be applied per file for accessing information through e-search. For this fee, users will have access to all of the information available on a particular file. More information on e-search is available at www.ag.gov.bc.ca/courts/cso.

October 2004 BARTALK

31

CLASSIFIED ADS

OCTOBER 2004

SEEKING Seeking solicitor's practice in Real Estate, Corporate, Family and Estate Law in the GVRD. All communications in strict confide nce. E-mail replies to cba@bccba.o rg (Attention: Box I 07) JUN IOR FAMILY LAWYER REQUIRED Fast-paced, Supreme Court fami ly litigation firm in downtown Vancouver needs a bright, energetic, confident junior lawyer. The successful applicant w ill prepa re affidavits, draft pleadings, and attend court. Fax or e-mail yo ur covering letter, law school transcript (if called under 5 years), and n<'sume in confiden ce to: Tracey Jack son @ Dunnaway, Jackson & Associates, F ax : 604-682-87 11 ; E-mail: Tracey Jackson @tel us.net.

Established li tigation practice for sale on central Vancouver Island. P rimaril y fam ily law practice with potential to ex pand. F or more inform ation reply to cba@ bccba.org (Attn: Box 108)

SERVICES THE NATURAL CLEANERS H ealthy H ome Cleaning 24/ 7, Vancouver, 604-76 1-2829

SPACE AVAILABLE Metrotown (Burnaby) sha red furnished office space w ith view, apx. 120 sq. ft. + reception. $900.00/mth. Tel.: 604-430-8868.

Advertising CLASSIFIED/DISPLAY RATES Per line CBABC Members $25 Per line Co mme.rcia l Org a niza tions $40 1/6 Page CBABC Members $450 1/6 Page Commercial Orgs $750 NEXT DEADLINE: November 12

INSERT RATES lall of BCI CBABC Members $ 1,200 Commercial Organizations $2,000 NEXT DEAD LI NE: Novemb er 19 NEXT BARTALK MAILING: December 10

VACATION PROPERTY WA ILEA, MAUl RENTAL on Blue course, panoramic Pacific views. Call 303-376-4466.

Please direct advertising inqu iries to: Sandra Webb, Ba rTalk Editor Te l: 604-646-7856 or 1-888-687-3404 E-mail : cba@bccba.org

LAWYER REQUIRED Davidson & Company is a well-respected, mid-size law firm, located in the Okanagan Valley. We provide a wide range of legal services. At this time, we are seeking an approximately 2-5 year call to join our expanding team. If you are looking for an active lifestyle while maintaining a challenging and rewarding career, please contact us in confidence at: Davidson & Company Attention: Robert E. Ross 4th floor - 3205 32nd Street Vernon, B.C. VlT 2M4 E-mail: robertr@davidsonlaw.com

Practice Restricted To WCB -

Sec. 257 Determinations, Opinions and Court Applications on referral

604-267-3033 • Claims and appeals • Vice Chair at Review Board for 6 years • More than 25 years personal injury litigation

Vahan A. Ishkanian Barrister & Solicitor Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito.ca

Entertain A Host of Volunteer Opportunities The CBA's annual Canadian Legal Conference is coming to Vancouver August 13 to 16, 2005 . There will be plenty of volunteers needed ; if you are available to help for half a day or so, please call Rose Fabbro at the CBABC 604-687-3404 [e-mail rfabbro @bccba .orgl.

Two vo lunteer act ivities invo lve pa rticipati ng in the at-home di nners or law fi rm receptions . At-home dinners invo lve host ing lawyers and spouses in yo ur home for dinner and socializing on Saturday, August 13, 2005. This is one of the high light events of the conference; so don 't miss your chance to participate. Contact Ming Song [mingsong @novuscom.net] for more information or to volunteer. Law firm receptions occur on Monday, August 15, in the afternoon . Perhaps your firm could sponsor a reception at the Art Gallery or the Terminal City Club? Contact Diana Dorey [dldorey@davis.ca] for more information or to volunteer.

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BARTALK October 2004

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