BarTalk | November 1989

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Local and County Bar presidents meet

CANADIAN BAR ASSOCIATION, B.C. BRANCH

NOVEMBER, 1989 VOLUME1 NUMBERS

HIGHLIGHTS PRESIDENT'S REPORT 11

LAW COURTS EDUCATION SOCIETY /3

LEGISLATWE UPDATEI5

President Russell Lusk and the Executive Committee members of the B.C. Branch of the CBA welcomed seventeen presidents of Local and County Bar associations to a meeting on Oct. 28. Representatives of the Law Foundation, Law Society, C.L.E., Law Reform Commission, B.C. Courthouse Library Society, Legal Services Society and the Attorney General's Ministry, provided an overview of their activities. This annual meeting provides a forum for dialogue and an opportunity to voice concerns arising at the local level of the CBA.

Public relations aids legal profession For many members of the public, the law is a mysterious institution characterized by legalese and "fine print." For others, it is perceived as a system catering to the few and repressing the majority.

Often the public simply does not SECTIONTALK 15 know the law, understand the legal process or comprehend its function in promoting individual rights and social justice.

Lawyers are perceived as creatB.C. DATES I 12 ing and perpetrating this system.

And so the myths and stereotypes persist.

A well-rounded public relations program has various aspects to it. Mass media public relations programs hopefully will be an effective part. The CBA plays an active role in public relations.

Here are a few facts about the Branch public relations activities in support of a positive public image for the profession.

Dial-A-Law The Dial-A-Law program is a telephone information service available to the public throughout the province. Anyone may telephone Dial-A-Law at the B.C.

Russell Lusk Branch and listen to prerecorded tapes containing basic legal information on various topics. Last year the Dial-A-Law program handled over 26,000 telephone calls from the public (please turn to page 2)

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Public Relations (cont'd from page 1)

during which tapes on 132 subjects were played. The Dial-ALaw tapes often prompt the public to then seek expert advice from a lawyer.

Law Week The CBA (at the National level), adopted the concept of Law Week (or Law Day) several years ago. The Branch organizes the provincial program. The program includes open houses at the Courts, high school debating competitions, special features in the media and special material in the school system. Law Week activities involve thousands of participants throughout the province. The unanimous response is that everyone comes away with a better understanding of the justice system.

News Contacts The News Contacts brochure is published and distributed to over 400 provincial media resulting in direct access by the media to senior officers in the profession and to knowledgeable experts in over 42 sections of law. As a matter of policy, the B.C. Branch and the senior officer try to answer all queries from the media. The Branch staff also fields dozens of requests for speakers on legal topics during the year which are referred to the Section chairpersons for follow-up.

Communications Committee The Branch has a Communications Committee and Branch representatives serve on the Public Relations Committee of the Law Society. Considerable input has been provided by our members to the Legal Wise programs now being aired on television.

Lawyer Referral One of the most significant Branch figures is the 40,000 telephone, letter and personal

inquiries which were handled by the Branch's Lawyer Referral staff. Of these inquiries, over 37,000 persons were referred directly to our members for legal consultation or assistance at a nominal charge.

Public relations rests with entire legal profession And perhaps finally, here is my point. Our colleagues, such as those who fielded those 37,000 inquiries, are the profession's best public relations tool. A satisfied client is the best endorsement of any product or service.

The quality of legal services is important but so is an understanding and appreciation of the service.

By the very nature of our profession in dealing with the public daily, the job of putting the legal profession in the proper perspective rests with each of us.

The Bar must inform the public not only about the legal system but also about its own activities as well. The amount of volunteer time and effort spent by members of our profession in organized Bar activities and community service is remarkable. However, the finest efforts in the world will not increase the public esteem for the profession if those efforts are not communicated to the public.

As professionals, our members can also seek out speaking engagements in their communities to help the public understand the complexity of the law.

You can participate in the Lawyer Referral program and other legal information programs.

Myths are perpetuated by a lack of information. By promoting a better understanding of the law and the legal system, the legal profession can build a greater confidence in the profession and a greater respect for the individual lawyer.

Russell Lusk President, B.C. Branch, CBA

Adoption notices procedure changes Leslie Arnold, Superintendent of Family and Child Service, has requested our assistance in notifying solicitors about changes in adoption procedures.

The Adoption Act, s. 6, requires that the Superintendent be notified of the placement of a child for the purpose of adoption.

Solicitors acting on behalf of the adoptive parents have, for many years, addressed the notice to the Superintendent's office in Victoria.

Due to organizational restructuring, such notices, although still addressed to the Superintendent, should be sent to the Ministry of Social Services and Housing office nearest to the adoptive parents place of residence. Such offices are normally listed in the Blue Pages of the local telephone directories under Governments- British Columbia, Social Services and Housing- Ministry of, District Office, Family and Children's Services.

The changes were made, in part, to facilitate ease of communication between District office staff acting on behalf of the Superintendent and solicitors acting on behalf of adoptive parents.

We erred

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Cheryl L. Vickers and E. Casey McCabe, associate lawyers in the firm of Schroeder Pidgeon MacNeil MacLean Bluman Berry, were omitted from the firm's listing in the 1989/90 Directory. Our apologies for any inconvenience this omission has caused.

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Society targets educating more than half-million B.C. residents in next ten years A unique province-wide public legal education system is now officially operating. The formation of the Law Courts Education Society was announced October 5 by Attorney General Bud Smith. The society is a joint venture between the Attorney General's ministry and the judiciary.

"This concept is unique in Canada and is an important component of the 'Access to Justice' initiatives now underway," Smith said in an announcement made in conjunction with the official opening ceremonies for the society in Vancouver.

This first-ever judicial-ministry partnership aims to provide a wide range of justice-related informational opportunities and education throughout the province. The society is an expansion of the Law Courts Education Program and it is anticipated that by extending the program throughout the province, more than half-amillion people, most of them school students, will have been introduced to the court system 10 years from now.

The B.C. Branch of the CBA was an enthusiastic supporter of the Law Courts Education Program when it was initiated in 1978.

The Branch will continue that support through its appointed representative, Howard Pontious of Kamloops, on the new society's board of directors.

Mr. Justice Martin Taylor of the Appeal Court of B.C. is the president of the board of directors of the new society.

To enable the society to expand existing and new programs

Chief Justice Esson of the Supreme Court of British Columbia addressed the guests attending the dinner announcing the fonnation of the new Law Courts Education Society. Also in the plwtograph:(left to right) Mr.Justice Oppal,Mary Beeching,Chief!usticeMcEachern of B.C.,Assistant Deputy Attorney General Bob Edwards, Chief Justice Esson of the Supreme Court of B.C. (at lectern), Mr. Justice Taylor.

province-wide, the Attorney General said the provincial government will provide more than $1 million in direct funding and "in-kind" support- such as rentfree buildings, supplies, postage and other similar goods and services- during the next few years.

The Law Courts Education Program, headed by executive director Rick Craig, operates a wide variety of programs designed to introduce the public to the court system. As well, they assist in a variety of other programs such as law camps, Law Day events, school textbook writing, and production of literature for distribution at the courthouse.

"The program which they have operated has no counterpart elsewhere in Canada, and we believe it superior to anything similar in the world. Enquiries have been received from several jurisdictions here and abroad," said Mr. Justice Taylor.

The new society will employ a staff of 12, including four regional directors, to implement justice-related education and information programs throughout the province. Service is expected to be extended to the southern interior area of the province through Kamloops by the end of the year and, during the next 18 months, regional offices are to be established at Prince George, Victoria and New Westminster.

Directors of the society include: Mr. Justice Wallace Oppal of the B.C. Supreme Court and Judge Selwyn Romilly of the B.C. Provincial Court; Howard Pontious of Kamloops representing the B.C. Branch of the C.B.A.; Mary Beeching, public affairs director, representing the Attorney General's ministry; Dave Duncan, Vancouver Law Courts director; and Florence Gilbert, court services regional director. Representing the community are Derek Grant of Kitsilano Secondary School and Beverly Nann of the Laurier Institute.

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"Tinkering" with Federal Court Act no solution, says AG A proposal by Attorney General Bud Smith to merge the functions of the Federal Court of Canada with the system of superior courts across Canada will be studied by a special committee of the B.C. Branch of theCBA. Branch President Russell Lusk said the committee will look into the various issues involved and recommend the position the branch should take on the matter. Norman D. Mullins has been appointed by the Executive to chair the five-person committee.

Under Smith's proposal to Attorney Generals across the country, the federal court would disappear and its functions absorbed into the superior court structure. This, he says, would eliminate the many areas of "overlapping jurisdiction" between the two court systems.

An individual citizen would then have to face only one court system in pursuing a case.

"There have been and continues to be a substantial number of complaints from the profession concerning the jurisdiction of the federal court, as well as other .matters raised by the Attorney General which result in difficulties in obtaining an expeditious resolution of legal cases," Lusk says.

Smith says the federal government has responded to these criticisms by proposing from time to time "tinkering" with the Federal Court Act to further clarify the federal court's jurisdiction.

"Such efforts at clarification will in all likelihood merely exacerbate an already unacceptable situation by spawning yet more unnecessary cases to determine what the federal court can and cannot do," Smith says.

Lusk notes that a comprehensive report at the national level of the CBA in the mid-1970s recommended that the federal court be retained, but with substantial amendments to its powers.

However, he says, few statutory changes were made before a bill was introduced in Parliament on Sept. 28 of this year.

"The executive decided the Attorney General's proposal should be examined to determine whether the Branch should still support the earlier position of the Bar at the national level, or alternatively, whether the time has come to make more substantial changes," Lusk says.

The committee will report to the Branch executive before conveying its views to the reconstituted national committee.

Sentence appeals check database All clerks who work for Court of Appeal Justices are performing standard searches of the Sentencing Database in every sentence appeal as instructed by Chief Justice McEachern.

Chief Justice Esson of the Supreme Court of B.C. is also encouraging all Supreme and County Justices to make use of the system in appropriate cases .

All registered users of CBANET now can access the Sentencing Database directly from their own personal computer. Lawyers who are not CBANET users can access the sentencing database through the Courthouse Library at the Law Courts (on-line fees now apply to access this database). Personal access through CBANET can result in significant savings in on-line charges.

Lawyers are encouraged to consult the system to ensure that their speaking to sentence is as comprehensive as the standards of research that the Bench is now requiring.

For information on becoming a CBANET subscriber, call 1-800267-7400.

Master appointments complete R. Dean Wilson of Victoria was

appointed British Columbia's newest Supreme Court Master on October 11, 1989. Wilson will conclude his private practice in Victoria and assume the duties of Master in Prince George on January 1, 1990.

Wilson joins nine other lawyers in all regions of the province who have authority to deal with all chamber matters which do not involve final orders. Other Masters include Robert Powers, Kamloops; Alan Donaldson, Kelowna; John Hom, Nanaimo; William McCallum, Victoria; William Grist, New Westminster; Kenneth Doolan, Vancouver; Pamela Kirkpatrick, Vancouver; and Alan Patterson, Vancouver.

These new appointments are in addition to T.J. (Tom) Halbert who continues serving as Supreme Court Master in Victoria. These Masters positions throughout the province fulfill the Justice Reform Committee's recommendations to the provincial government regarding the expanded use of Masters.

Format change BarTalk is now three-hole punched for binder storage.

Legislative Update is positioned as a centre section so that you can keep this information separately if you wish.

Would you be interested in purchasing a special BarTalk binder in which to keep your monthly issues? Fax me your opinion at 669-9601, if you would find this useful.

Larry Hnetka editor

This entire column will be devoted to the brief reporting of new regulations and legislation which may be of interest to practising lawyers. The number of regulations and Bills to be reported permits only a brief reference to the substance.

The number shown on the far left-hand side under "Legislation" refers to the number of the Bill (First Reading Bill Number) when introduced into 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 which is the proper citation for the Act. The First Reading Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library.

Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied on. Lawyers should refer to the specific legislative or regulatory provision to verify effective dates.

Partnership Act, B.C. Reg. 524/78 effective September 15, 1989

Society Act, superceding Schedule C of the Act effective September 15, 1989

Trust Company Act, amending B.C. Reg. 423/80 effective September 15, 1989

Residential Tenancy Act, B.C. Reg. 270/89, the Residential Tenancy Fee Regulation is enacted effective September 11, 1989

Health Emergency Act, B.C. Reg. 471/74, is amended effective September 29, 1989

Insurance Act, superceding B.C. Reg.400/80 effective October 6, 1989

Other Regulations Hospital Insurance Act, B.C. Reg. 25/61, the Hospital Insurance Act Regulation is amended respecting loans from the Hospital Insurance Fund

Regulations To Note

effective August 25, 1989

Fees have been changed in the following regulations:

B.C. Reg. 608/76, Liquor Control and Licensing Regulation is amended respecting licensing requirements

Liquor Control and Licensing Act, Book Accounts Assignment, Chattel Mortgage, Repairers Lien, Sale of Goods on Condition Acts, B.C. Reg. 424/81, is amended effective September 15, 1989

Company Act, superceding the third schedule of the Act effective September 15, 1989

Cooperative Association Act, superceding Schedule E of the Act effective September 15, 1989

Fisheries Act, B.C. Reg. 140/76, is amended effective August 25, 1989

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effective September 1, 1989

Private Investigators and Security Agencies Act, B.C. Reg. 3/81, Private Investigators and Security Agencies Act Regulation is amended effective August 25, 1989

Social Service Tax Act, B.C. Reg. 84/58, Social Service Tax Act Regulation, respecting precious metal bullion, is amended effective August 25, 1989

Waste Management Act, B.C. Reg. 258/89, the Antisapstain Chemical Waste Control Regulation is enacted effective August 25, 1989

Bonding Act, the Bonding Act and B.C. Reg. 11/68, the Bonding Regulations, respecting Independent Schools, in amended effective September 1, 1989

Independent School Act, B.C. Reg.262/89,Independent School Regulation, is enacted repealing B.C. Reg. 379/87Accreditation of Independent Schools Regulation- B.C. Reg. 534/82, Grant Calculation Regulation and B.C. Reg. 355/85 -Independent Schools Classification Regulation effective September 1, 1989

B.C. Reg. 263/89, Authority Designation Regulation, repealing B.C. Reg. 298/82- Operating Authority Regulation effective September 1, 1989

School Act, B.C. Reg. 265/89, School Act Regulation, is enacted, repealing B.C. Reg. 453/82Correspondence Education Regulation, B.C. Reg. 464/79- Definition Regulation, B.C. Reg. 58/83- Insurance Coverage Regulation, B.C. Reg. 405/83Prescribed Materials Regulation, B.C. Reg. 190/88- Provincial

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Examination Reread Fee Regulation, B.C. Reg 380/81Reporting of Pupil Progress Regulation and B.C. Reg. 436/81 -School Act Regulation

Economic Development Electricity Rate Act, B.C. Reg. 287/89, Economic Development Electricity Rate Regulation, is enacted

effective September 1, 1989

effective September 29, 1989

Revenue Sharing Act, B.C. Reg. 536/77, Revenue Sharing Act Regulation is amended in ss. 5, 6, 35 and 35.1 and s. 38 is repealed Wildlife Act, B.C. Reg. 268/89, Hunting Closure Regulation (Wolves) until June 1, 1990

Assessment Act, B.C. Reg. 203/86, Telegraph, Railway and Pipeline Corporations Valuation Regulation, B.C. Reg. 218/86, Railway, Pipeline and Electric Power Corporation Right of Way Valuation Regulation, B.C. Reg. 226/86, Telephone Corporation Valuation Regulation are amended.

effective September 7, 1989

effective September 29, 1989

Pension (Public Service) Act, B.C. Reg. 449/87, Pensionable Service Regulation, is amended

Commodity Contract Act, B.C. Reg. 350/85, Commodity Contract Act Regulation, is amended re: application to court to enter premises

effective September 5, 1989

effective September 11, 1989

Wildlife Act, B.C. Reg. 76/84, Wildlife Act Closed Areas Regulation, is amended effective September 11, 1989

B.C. Reg. 340/82, Wildlife Act General Regulation, respecting "The Ogopogo Protection" effective September 11, 1989

Employee Investment Act, B.C. Reg. 284/89, Employee Investment Regulation, is enacted effective September 25, 1989

Mineral Tenure Act, the following B.C. Regulations are amended: B.C. Reg. 380/83, B.C. Reg. 412/83, B.C. Reg. 292/84, B.C. Reg. 333/85, B.C. Reg. 370/85, B.C. Reg. 145/87, B.C.Reg. 205/80B.C. Reg. 238/87, B.C. Reg. 10/88, B.C. Reg. 164/88, B.C. Reg. 201/88, and B.C. Reg. 202/88

effective November 1, 1989

Financial Administration Act, B.C. Reg. 299/89, Aviation Turbine Fuel Remission Regulation, is enacted effective October 6, 1989

B.C. Reg. 12/85, Retention of Commission by Self-Regulatory Organizations Regulation, is enacted respecting the Insurance Council and Superintendent of Insurance effective October 6, 1989

Financial Information Act, B.C. Reg. 301/89, amending Schedule 2 of the Financial Information Act, is amended effective October 6, 1989

Insurance Interpretation Acts, superceding B.C. Reg. 127/63, Insurance Council of B.C. Regulation

effective September 25, 1989

effective October 6, 1989

Assessment Act, B.C. Reg. 341/87, Assessment Act (Land and Cut Timber Values) Regulation, is amended

Insurance Act, B.C. Reg. 305/89, Superintendent's Powers Delegation Regulation, repealing B.C. Reg. 9/85 - Licensing Transfer Regulation

effective September 26, 1989

effective October 6, 1989

Mental Health Act, B.C. Reg. 145/84, Mental Health Regulation, is amended effective October 6, 1989

Motor Dealer Act, B.C. Reg. 447/78, the Motor Dealer Act Regulation, is amended effective January 1, 1990

Motor Vehicle Act, B.C. Reg. 268/85, Motor Vehicle Inspector's Authorization Regulation, is amended effective October 6, 1989

Offence Act, B.C. Reg. 274/86, Ticket Administration Regulation, and B.C. Reg. 272/86, Ticket Information Fines Regulation, are amended effective October 6, 1989

Public Service Benefit Plan Act, B.C. Reg. 410/78, Long Term Disability Plan Regulation, is amended effective October 6, 1989

Securities Act, B.C. Reg. 270/86, Securities Regulation, is amended respecting insider trading exemptions and the repeal and replacement of Part II effective November 1, 1989

Community Care Facility Act, superceding B.C. Reg. 403/78, Child Care Regulation, respecting day care regulations effective October 13, 1989

Guaranteed Available Income for Need Act, B.C. Reg. 479/76, Guaranteed Available Income for Need Regulation, respecting enhanced earning exemption effective October 13, 1989

Hospital Insurance Act, B.C. Reg. 25/61, Hospital Insurance Act Regulation, is amended effective November 1, 1989

Mental Health Act, B.C. Reg. 145/84, Mental Health Regulation, is amended effective November 1, 1989

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Legislation to Note Boundary Act, S.B.C. 1987, c. 3

that part of s. 3 which enacts s. 54.1(a) of the Hydro and Power Authority Act and s. 12

in force September 25, 1989

in force October 6, 1989

Liquor Control and Licensing Amendment Act, S.B.C. 1988, c. 43, that portion of s. 35 which enacts s. 84(2)(k)

School Act, S.B.C. 1989, c. 61First Reading Bill No. 67

in force August 31, 1989

Statutes Repeal Act, S.B.C. 1989, c. 14, s. l(a) and (h)- First Reading Bill No.2 in force October 6, 1989

Employee Investment Act, S.B.C. 1989,c.24,exceptforthatpartof s. 1 which enacts paragraph (a) ?f the definition of "eligible mvestor"- First Reading Bill No.32 in force September 26, 1989

Health Professions Amendment Act, 1989, S.B.C. 1989, c. 29, ss. 11, 13 and 15, respecting physiotherapist- First Reading Bill No.40 in force August 25,1989

that portion of s. 17 which enacts the addition of paragraph (b.l) of s. 9(1) of the Health Emergency Act in force September 29, 1989

Sections 21 and 22, respecting psychologists in force October 6, 1989 Bri~ish

Columbia Enterprise Corporatton Loan Privatization Act, S.B.C. 1989, c. 44- First Reading Bill No. 43 in force October 6, 1989

Mining Right of Way Act, S.B.C. 1989, c. 57- First Reading Bill No. 57 in force September 29, 1989

Energy, Mines and Petroleum Resources Statutes Amendment Act, S.B.C. 1989, c. 45, ss. 1, 2, 4 to 11 and 14, respecting Hydro and Power Authority Act, and Economic Development Electricity Rate Act- First Reading Bill No. 59 in force September 29, 1989

Sections 18 and 19, respecting Medical Services Act in force October 6, 1989

Reminder

in force September 1, 1989

Independent School Act, S.B.C. 1989, c. 51, excepts. 13- First Reading Bill No. 68 in force September 1, 1989

Science Council Act, S.B.C. 1989, c. 77- First Reading Bill No. 72 in force September 15, 1989

Securities Amendment Act, S.B.C. 1989, c. 78, ss. 48 and 49, respecting Employee Investment Act- First Reading Bill No. 83 in force September 26, 1989

Sections 1 to 9, 11 to 15, 17 to 47 and 50 to 52 in force November 1, 1989

Miscellaneous Statutes Amendment Act (No. 1), 1989, S.B.C. 1989, c. 71, ss. 24 to 26, respecting Motion Picture Act- First Reading Bill No. 90 in force August 25, 1989

Section 16, and that part of s. 17 which enacts s. 20(2.1) of the Mineral Tenure Act, ss. 18, 19(a), 22 and 23 respecting Mineral Tenure Act in force September 29, 1989

Sections 6 and 27, respecting E~ucational Institution Capital Ftnance Act and Privatization Benefits Fund Act in force October 6, 1989

Miscellaneous Statutes Amendment Act (No.2), 1989, S.B.C. 1989, c. 72, s. 17- First Reading Bill No.92 in force September 1, 1989

Sections 6(a) and (c) and 7 to 12 respecting Fisheries Act ' in force August 25, 1989

Sections 25 and 26, respecting Sheriff Act in force October 1, 1989

Lobbyists Registration Act, S.I. 89-193 in force September 30, 1989

The new Lobbyists Registration Act and its regulations were brought into force on September 30, 1989. The Act is said to be designed to allow the public and federal public office holders to know who is attempting to influence government policy.

The regulatory scheme requires individuals who lobby federal public office holders to register with the federal government and to disclose certain information.

There are two levels of disclosure: (a) employee lobbyists must disclose their name and that of their employer (b) third party lobbyists must disclose the names of their individual clients, the subject matter of the lobbying and the parent and subsidiaries of a corporate client.

The obligation to register lies on the individual lobbyist- not on the employer or client. The employee lobbyist must register annually. The professional lobbyist must file for each client he represents as required. The Registry is open to the public.

After extensive lobbying by the Canadian Bar Association, the Bill was amended to exclude "any oral or written submissions made to a public office holder by an individual on behalf of any person or organization with respect to the enforcement, interpretation or application of a_ny Act of Parliament or regulations thereunder by that public office holder and with respect to that person or organization." (please turn to page 8)

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Directory Update Recent cabinet changes are listed here for your convenience.

Please insert a copy of this information to replace pages 53 to 55 in your 1989/90 Directory.

Additional copies of the Directory are still available by contacting the Branch office at 6873404.

B.C. GOVERNMENT Address all mail to the appropriate room number, Parliament Buildings, Victoria, B.C., V8VlX4 MINISTRIES & MINISTERS ADVANCED EDUCATION & JOB TRAINING

Han. Bruce Strachan Room326 387-0886/F:386-1124 AGRICULTURE

& FISHERIES

Han. John Savage Room342 387-1978/F:386-2290 ATTORNEY GENERAL

Han. Bud Smith Room232 387-1866/F:387-6411 CONSUMER SERVICES

(See Labour) CORPORATE RELATIONS

(See Finance)

• • •

ENVIRONMENT

Han. John Reynolds Room 112 387-5202 FINANCE & CORPORATE RELATIONS

Han. Melville B. Couvelier Room 152 387-3751 /F:387-5594

CULTURE

(See Municipal Affairs) EDUCATION

Han. Anthony J. Brummet Room 103 387-5891/F:386-2434 & PETROLEUM

Han. Jack Davis Room 133 387-5295 /F:387 -0929

PETROLEUM RESOURCES

(See Energy) PROVINCIAL SECRETARY

Han. Howard Dirks Room 248 387-1977 /F:386-7857

FISHERIES

(See Agriculture)

RECREATION

FORESTS

(See Tourism)

Han. Claude Richmond Room 128 387-6240/F:387-1040

REGIONAL DEVELOPMENT

Minister Responsible Han. Stan Hagen Room 337 387-1241 /F:387-0045

GOVERNMENT MANAGEMENT SERVICES

Han. Carol Gran Room247 387-1023/F:387-1522

SENIORS

(See Health)

HEALTH & MINISTER RESPONSIBLE FOR SENIORS

Han. John Jansen Room 310 387-5394/F:387-3696

SOCIAL SERVICES & HOUSING

Han. Peter Dueck Room 109 387-1187 /F:387-1356 SOLICITOR GENERAL

Han. Russ Fraser Room 123 387-1683 /F:387 -4348

HIGHWAYS

(See Transportation) HOUSING

(See Social Services)

TOURISM

INTERNATIONAL BUSINESS & IMMIGRATION

Han. Cliff Michael Room 028 387-1201 /F:387-0686

Han. Elwood Veitch Room 137 387-6921 /F:387-1899

TRANSPORTATION & HIGHWAYS

Han. Rita Johnson Room301 387-3180/F:387-7520

IMMIGRATION

CROWN LANDS

Han. Dave Parker Minister Responsible Room 104 387-1029

ENERBY, MINES RESOURCES

NATIVE AFFAIRS

Han. Jack Weisgerber Room 102 387-1223/F:387-4312 PARKs, Minister Responsible Han. Ivan Messmer Room323 387-1349 /F:387-3282

(See International Business) JOB TRAINING

(See Advanced Education)

Lobbyists Registration

LABOUR & CONSUMER SERVICES

(cont'd from page 7)

Han. Norm Jacobsen Room346 387-1986/F:387-3200 MINES

(See Energy) MUNICD'AL AFFAIRS, RECREATION CULTURE

Han. Lyall Hanson Room 306 387-3602/F:387-1334

&

This provision will exclude certain representations made by lawyers respecting existing legislation but of course a lawyer's activities may be often much broader than that.

For further information, write to Mr. Henri Denolf, Project Manager, Lobbyists Registration Branch, Department of Consumer and Corporate Affairs, Hull, Quebec, K1A OC9.

obtained or an information has been laid and the accused has died or absconded.

Shelley Bentley

Estate of deceased worker denied standing to appeal WCB claim In the Corporation of Richmond and WCB Claim No. XF86127005 the issue of whether the estate of a deceased worker could make application for compensation was hotly contested. In her case report to the Workers' Compensation Section, Ruth Herman noted that it was argued that the dependants had a right to appeal under s. 55 of the Workers' Compensation Act. However, the preliminary panel found that because there was no reference to "estates" in the Act, and because this was not an "action" within the terms of the Estate Administration Act, the deceased firefighter's estate had no standing to start an appeal.

Proposed new amendments to the criminal code concerning forfeiture of proceeds of crime Bill C-61 provides for the forfeiture of proceeds of crime derived from the commission of an "enterprise crime offence" where a conviction has been

An "enterprise crime offence" includes the following Criminal Code offences: Keeping Gaming or Betting House, Betting, Bookmaking etc. Murder, Theft, Robbery, Breach of Trust by Public Officer, Bribery of Officers, Corrupting of Morals, Extortion, Forgery, Fraud, Stock Exchange Manipulating, Arson, Counterfeiting, and Laundering Proceeds of Crime (the new offence).

The Bill allows for the issue of special search warrants and the making of restraint orders to allow property that may be subject to an order of forfeiture to be seized or frozen until the completion of an investigation and prosecution of the offence. It would also protect from civil and criminal liability police informants providing information relating to such offences and enable information obtained under the Income Tax Act to be produced for the purposes of an investigation of a designated drug offence or an enterprise crime offence that is related to a designated drug offence.

During a recent meeting, Brian Weddell, Q.C., brought to the attention of Okanagan Criminal Justice Section members anumber of aspects of the Bill which he felt would be of concern to the Provincial Crown Counsel.

He noted that some of these new provisions would require the prosecutor involved to have a detailed knowledge of some fairly sophisticated areas of commercial law as well as areas of property law and Federal Court procedure. The Bill may also require Crown Counsel to perform lengthy investigations of the value of assets, to have receivers or administrators lined

up where the property to be seized is a going concern or commercial enterprise, and to be able to calculate the possible financial consequences of detaining or freezing assets because the Attorney General may be liable to pay damages or costs.

Greater holdback req_uired from nonresident vendors Under the last Federal Budget, the purchaser of property from a non-resident vendor is now responsible for withholding 30 per cent of the value of nondepreciable property. On January 1, 1990, the amount will further increase to thirty-three and one third per cent. In the case of depreciable property, the 50 per cent figure has remained unchanged. In addition to noting the recent changes, Barbara Sage gave Vancouver Real Property Section members s?rne . practice points for deahng w1th procedure involving s. 116 of the Income Tax Act. Even though not all buildings are depreciable assets Ms. Sage noted that it seems unreasonable to force the purchaser to det~rmine th.is. question. For th1s reason 1t IS Ms. Sage's practice to insist on a holdback of 50 per cent of the assessed or appraised value of a building unless the vendor can provide proof, such as a sta~u足 tory declaration, that the bmlding is a non-depreciable asset: .

Two different Clearance Certificates are required in cases where both depreciable and nondepreciable property are sold.

Ms. Sage commented th.a~ a . solicitor who is not farruhar w1th the Act runs the risk of overlooking certain returns which must be filed and/ or tax breaks

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which may be available to the client. In order to avoid this problem, she suggested a tax expert be used to complete the tax forms. A purchaser's lawyer holding funds should realize that if the funds are released to the vendor's lawyer he or she may remit them to Revenue Canada and not obtain the Clearance Certificates in a timely fashion (or at all) thus leaving the purchaser with an outstanding obligation and no money to pay it. In the past, Ms. Sage has dealt with this problem by placing the vendor's lawyer on an undertaking to either provide the necessary documents within the appropriate time or, failing that, to return the money.

Child Paternity Support Act repealed The Family Relations Act now grants the Court jurisdiction to deal with maintenance for children where the child is a result of a casual relationship. As a result of new amendments to the Family Relations Act, the Child Paternity Support Act has now been repealed.

Originally the Child Paternity Support Act involved quasicriminal proceedings in Family Court only and now parents of children born of casual relationships can proceed either in Family Court or Supreme Court under the Family Relations Act. His Honour Judge Collings advised New Westminster Family Law Section members that as far as he could see nothing much had changed. All of the relief formerly available under the Child Paternity Support Act is now available under the Family Relations Act. There have been some changes as a result of the amendments to the Family Relations Act and they are as follows: There is no longer any requirement for corroboration to establish paternity although it is still

useful to have it. The Child Paternity Support Act had a time limitation of one year following the birth of the child, or one year after acknowledgement of paternity. However, there is no longer a time limitation. His Honour Judge Collings confirmed that although it is possible to force the issue of tissue typing to establish paternity by getting an order for medical examination in the Supreme Court such a remedy is not available in Family Court.

Kelowna Mediation Association focuses on victim-offender reconciliation Ms. Cathy Gibson, a mediator from the Kelowna Mediation Association, addressed a meeting of the Okanagan Criminal Justice Section and outlined some of the goals of the Association. Eighty-five per cent of the Association's work involves the victim/ offender reconciliation program. The program's aim is to bring the victim and the offender together, both in sentencing proceedings and prior to court action as an alternative to the court process.

Ms. Gibson noted that the choice of whether or not to meet is left open to both the victim and the offender. Although sometimes the victim does not want to meet the offender for fear of being revictimized, Ms. Gibson has found that when the parties do agree to meet, however reluctantly, the results are often beneficial to both parties. Sometimes the parties enter into a contract involving the offender doing repair work or making restitution to the victim or doing community service work. The victims often regain assurance and confidence through this process. Victims have even been known to offer to employ offenders, especially in cases where the offender is a youth.

Property Purchase Tax Act amendments; tax relief for some, loophole closed for others Since March 31, 1989, several important amendments to the Property Purchase Tax Act have become effective. Kathleen Higgins outlined the important features of the amendments for Vancouver Real Property Section members.

The two most important new provisions are the tax relief program for home buyers who must obtain high ratio financing in order to fund the purchase of a home and the preclusion of the filing of two transfers of a half interest each as tenants-in-common where a husband and wife are purchasing property with a value over $200,000.

Under the first new provision, purchasers will be eligible for tax relief if they have resided in B.C. at least one year prior to the application to register and their high ratio financing is in an amount in excess of 75 per cent of the fair market value of the property. The tax relief provided to the purchaser is four per cent of the difference between the amount of the registered financing and 75 per cent of the fair market value. The home purchased must be a principal residence with a maximum fair market value of $150,000.

Family Law Section voices views on proposal that Masters hear all pre-trial family law applications It has come to the attention of

the Executive of the Vancouver Family Law Section that the Attorney General of British Columbia may be moving to

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introduce Masters to hear all pre-trial family law applications.

Mr. Justice Mcintyre honoured

It was the unanimous resolution

of the Section to make the following recommendations: The Supreme Court should have exclusive jurisdiction over all matters under the Family Relations Act and the Divorce Act, 1985. The current Supreme Court Family Division as it exists in the Vancouver Registry should continue. The system provides ready access to a Chambers Judge and reasonably early trial dates. It also encourages the development of more consistent and predictable results. If it is decided that Masters are to hear family law Chambers applications, such applications should be restricted to procedural matters only. The Section considers its undesirable to have crucially important interim applications, which most often determine the final outcome of the litigation, dealt with

by Masters rather than Superior Court Judges.

New section interest sought Are members interested in establishing a Health Law Section? Contact Janice Dillon at 689-7124 to indicate your interest in participating in this new section.

Compliments on Directory ...

I just wanted to compliment you on the 1989/90 Directory ... it is so much more versatile than the old format . . . the inclusion of both an alphabetical and geographical listing is a big help.

J anine Thomas Mawhinney & Kellough

The Honourable Mr. Justice William Mcintyre was welcomed back to Vancouver at a dinner held in his honour on September 21, 1989. Mr. Justice Mcintyre served for ten years on the Supreme Court of Canada before his return to Vancouver, He is presently with the firm of Russell & DuMoulin.

Special thanks are extended to the many speakers and especially to Master of Ceremonies, Tony Pantages for creating an outstanding welcome home for Mr. Justice Mclntrye.

Maritime Law names advisors The Maritime Law Section is pleased to inform junior lawyers that several of the members of this section are available to give practical advice.

These names can be added to the Practice Advisory Panel brochure which was distributed with the September issue of BarTalk.

• John Hargrave, Bull, Housser & Tupper, 687-6575 • Basil Hobbs, Hobbs, Harvey (Nanaimo), 753-3477

• Glen Morgan, Davis & Company, 687-9444 • Bill Perrett, Campney & Murphy, 688-8022 • Herman Seidemann, Silversides, Wilson & Seidemann, (Prince Rupert), 624-2116 The Practice Advisory Panels have been initiated as a service to members by the Branch and as additional advisory panels are formed, they will be added to the growing list of ad visors .

Peer group provides assistance The Lawyers Assistance Committee, an independent peer group, is being formed with funding from the Law Society.

The Committee will train lawyers to help friends and associates in the law profession to seek assistance, help themselves and be assisted in a nonthreatening environment which is not part of the disciplinary process.

Regional representatives are being sought who are willing to be trained in handling addiction disorders and learning intervention techniques. A lawyer is also required to coordinate the daily affairs of the committee.

Contact Art Vertlieb at 688-7761 for further information.

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Committee reps aid in policy direction The Branch executive has recently confirmed the following committee appointments: Society of Notaries Public. The Society has applied to the Law Society to amend their legislation enabling them to expand their jurisdiction. A committee chaired by Jane Purdie of White Rock, James T.F. Hom of Kelowna and Peter Warner of Prince George will study the advisability of such legislation and will report to the Executive.

Ultimate Limitation Periods.

At present, the limitation period for bringing action against lawyers is 30 years which is significantly longer than the medical profession. Stephen Mulhall has agreed to chair a committee to study the issue with other members including Glen Urquart, Bert Schmitt and Norine MacDonald.

Submissions sought The Contingency Fees Committee will be making recommendations to the Benchers on rules establishing contingent fee maximums and prescribing the form and content of contingent fee agreements.

Information on present practice concerning contingency fees also would be of assistance to the committee. Those wishing to make an oral presentation to the committee can indicate this request on the written submission.

Submissions can be sent to the committee, c/o Keith Hamilton at the Law Society office. Committee members include Peter Leask (chair), C.O.D. Branson, John Hogg, Arthur Vertlieb and Mark Skorah.

Merger of the Federal Court.

Wendy Baker is the B.C. Branch liaison person on the national executive reviewing this issue which has arisen from a proposal by Attorney General Bud Smith to merge the system of superior courts in Canada with the Federal Court of Canada.

The B.C. Branch Committee will be chaired by Norman Mullins

with other committee members to include Peter Lowry, Dennis McCrea, Craig Sturrock and Lance Turlock.

Law Society Special Fund Committee. Marina Pratchett was appointed as the B.C. Branch representative on the Law Society Special Fund Committee.

B.C. Dates For further information, contact the B.C. Branch office (unless otherwise noted).

December 9, 1989 B.C. Branch, CBA Provincial Council Hyatt Regency, Vancouver

April 7, 1990 B.C. Branch, CBA Provincial Council Law Courts Inn, Vancouver

February 1, 1990 B.C. Branch, CBA Provincial Council Victoria Conference Centre

April 15 - 22, 1990 Law Week Provincial Law Courts

February 2 - 4, 1990 Winter Convention Victoria Convention Centre February 17-20 National Mid-Winter Meeting Saint Sauveur, Quebec (Info: National CBA Office 902 -50 Conner Street Ottawa, Ont. K1P 6L2)

June 22, 1990 B.C. Branch, CBA Annual Meeting Meridien Hotel, Vancouver June 22, 1990 B.C. Branch, CBA Provincial Council Meridien Hotel, Vancouver

Product of the month Dial-A-Law transcripts are available now in a convenient three-ring binder for $125. Over 120 of the 135 scripts have recently been reviewed and updated by Sussan Thomson, Dial-A-Law's script editor.

Last year over 26,000 telephone callers listened to Dial-A-Law tapes. Law firms find the scripts are a useful reference source for their libraries. Individual transcripts are available for $3 per transcript (prepaid). A flyer and Dial-A-Law brochure are enclosed in this mailing.

BarTalk is published by the British Columbia Branch of the Canadian Bar Association.

504 - 1148 Hornby Street Vancouver, B.C., V6Z 2C3 (604) 687-3404 Fax: 669-9601 Copyright the British Columbia Branch of the Canadian Bar Association -1989