BarTalk | December 2018

December 2018 | bartalkonline.org

Legal Issues in Education

SPECIAL FEATURE: Saying Farewell to Caroline Nevin

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DECEMBER 2018

VOLUME 30 / NUMBER 6

Contents

Departments

4 FROM THE PRESIDENT

Change is Inevitable

by Margaret A. Mereigh 6 EXECUTIVE DIRECTOR (2007)

The Advantage of Being Young

by Caroline Nevin 7 EXECUTIVE DIRECTOR (2018)

The Advantage of Experience

by Caroline Nevin 12 INDIGENOUS MATTERS

Let Justice Be Done

by Randy Robinson 14 NOTHING OFFICIAL

Being Tony

by Tony Wilson, QC 18 PRACTICE TALK

Smart Contracts

by David J. Bilinsky 19 DAVE’S TECH TIPS

16 SECTION UPDATE

Law Society of BC’s Initiative: Alternate Legal Service Providers in Family Law

Real Estate Tax Regimes

Sections

Features 5

THANK YOU, CAROLINE

8

SHOW YOUR WORK

by Brent Meckling and Michael Larsen

9

COPYRIGHT IN TEACHING MATERIALS

by Michael Serebriakov and Michal Jaworski

10 FROM “WHAT IS A SECURITY” TO

“WANTING A SECURITIES PRACTICE”

by Asha Young 20 TRINITY WESTERN UNIVERSITY’S LITIGATION

TO OPEN A LAW SCHOOL

by Craig Stewart 21 STUDENT DISCIPLINE AND THE

APPEAL PROCESS

by Michael Hancock and Reut Amit 22 GROWING LIABILITY CONCERNS

IN THE CLASSROOM

by Katie Wilson

Inside This Issue Much like law, education is a fundamental institution to the functioning of our society: it is meant to examine the nuances of the world and provide the best normative advice it can muster. Education and academia in particular, however, transcend culture, society and government. But what is the legal framework around education? What does our legal institution do to protect our freedom of inquiry, and how can it be used to inhibit it? This issue of BarTalk examines (among others) liability in classrooms, freedom of expression on campus, student discipline and appeals, Trinity Western University’s bid to open a law school, and the power of education (and the role of professors) in shaping the way students see the world.

News and Events

6 CBABC Membership 13 UVic’s Joint Degree Program by Frances Rosner 24 BC WLF News

2018 Georges A. Goyer, QC Memorial Award for Distinguished Service

CLEBC Update 25 BC Legislative Update

Branch & Bar Calendar

Investigation Launched into Alleged Academic Freedom Violations at TRU 26 Tips from Courthouse Libraries BC 29 Bench Press: Applying to Be a Judge a Long and Wordy Process

Also In This Issue

28 DISPLAY ADS 29 LAW FOUNDATION OF BRITISH COLUMBIA 30 PROFESSIONAL DEVELOPMENT 32 BAR MOVES 33 NEW MEMBERS

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3

FROM THE PRESIDENT MARGARET A. MEREIGH

Change is Inevitable

Best wishes to Caroline Nevin, a leader and an educator

I

n this article, I take great pride in acknowledging the iconic leadership of CBABC Executive Director, Caroline Nevin.

For over two decades, Caroline has been an important part of the BC Branch, especially as Executive Director for the past 11 years.

She is a thought leader and a thoughtful person who builds strong relationships in the justice system. Often times, she seems to know those of us who make up the CBABC better than we know ourselves.

Caroline is soon leaving us – in January, she’ll transition to her new role as CEO of Courthouse Libraries BC. Luckily, we will all still feel her positive influence as she continues to promote access to justice through public legal education.

A recent example of Caroline’s thought leadership occurred this past September as the legal community attempted to address the growing unmet needs of the public for legal services. The Law Society of BC (“LSBC”) announced it was seeking feedback from the profession on whether to ask government for a legislative amendment to the Legal Professions Act to allow LSBC to credential and to regulate new categories of nonlawyer legal service providers known as Alternate Legal Service Providers.

In response to this call for input, Caroline astutely asked, “What is the role of the CBABC? As an association, do we best serve our members by defending the status quo on their behalf? Or does the CBABC have an obligation to support lawyers in preparing for and adapting to the inevitable changes to come to the practice of law?”

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With her question, Caroline referenced a Forbes article entitled, “Is the American Bar Association Passé?” It criticizes the American Bar Association’s inability to reconcile the competing interests of (a) the practice of law and the business of law; (b) the profession and the industry; (c) the misaligned interests of traditional law firm partnerships and consumers; (d) legal representation and affordable legal services; and (e) self-regulation that serves lawyers, not legal consumers and society.

The article also recognizes that the legal profession alongside other industries is challenged by disruption from globalization and advancing technologies in artificial intelligence and machine learning along with other factors.

The Forbes article and the LSBC announcement sparked Caroline’s idea to organize a panel for our September 29, 2018 Provincial Council meeting. The panel, Our Changing Profession: Challenges and Opportunities, featured Paula Littlewood (Executive Director of the Washington State Bar Association) and Steve Crossland (Chair of the Limited Licence Legal Technician Board). Both spoke on their four-year experience of training and licencing paralegals in the practice of law.

Click here to view their PowerPoint presentation and click here to view our video of their presentation.

self-regulation of the legal profession will be eliminated by government or the courts to expand the field of legal service providers to address the public’s unmet need for legal services. This was the outcome for Australia, England and Wales.

2. The regulator must educate and consult fully with lawyers about alternative legal service providers.

3. The regulator should ensure that alternative legal service providers will provide service for members of the public who cannot access lawyers.

My intention in sharing with you this story about Caroline Nevin is this: it is but one example of many conversations with Caroline that have started with her hand on your arm and an encouraging tone, where Caroline says, “I’m just putting it out there, but have you thought of....”

In her collaborative style she has seeded ideas that encouraged many of us to see the future, and ourselves, a little differently. That is Caroline Nevin’s magic. She has brought great value to the justice system and I have no doubt that will continue as she focuses on public legal education in the next phase of her career.

I value her and I will miss her.

The Washington State speakers had three messages: 1. The regulator must expand the framework of legal service providers beyond lawyers. Otherwise,

Margaret A. Mereigh

president@cbabc.org

THANK YOU, CAROLINE

A

s part of our tribute to Caroline Nevin’s years of service to CBABC and the legal profession in this province, we reached out to past presidents, executive committee members, volunteers and staff.

So many individuals shared their personal stories, memories, and well-wishes with us.

The response was overwhelming.

When we looked at all the responses together, a strong theme began to emerge: laughter.

“Laughing together,” was one favourite memory. It was “the kind of laughter where you laugh so hard it makes you cry.” And another said, “Caroline’s laugh would brighten any day.”

When asked to share the funniest memory of Caroline, one respondent captured it well, “Just one? Caroline has a delicious sense of humour that always made working with her great fun.”

Another theme arose out of the responses: dedication. One read, “Regardless of the demands on her time and patience, Caroline was always exceptionally engaging with people.”

We also asked people to share something they would say to Caroline if she was standing right in front of them. These responses were the most illuminating. They gave a clear vision of what Caroline means to the legal profession in this province and across the country.

“I have thoroughly enjoyed working with you at CBABC... You made it fun... You deserve every accolade and kind word you’re receiving.”

Other key words jumped off the page, “Your... friendship... commitment... strength... dedication... hard work... wisdom... inspiration... support... thoughtfulness... good spirits... common sense approach... incredible humour... strong, steady force... leadership.”

Many listed Caroline’s qualities as a leader: “You have been an excellent listener. A fabulous problem solver. You have a wicked sense of humour. You made a lasting impact on the CBA. Your leadership is well respected by all of your peers across the country. Your passion for the CBA remains an inspiration... a reflection of your even greater passion for life.”

More succinctly, “Caroline, you made a difference!”

Join us in thanking Caroline for everything she’s accomplished and wish her well on this next phase of her journey.

DECEMBER 2018 / BARTALK

5

EXECUTIVE DIRECTOR

R HE ST R FI

CAROLINE NEVIN

The Advantage of Being Young Why the CBA’s future is so bright in B.C.

As part of our tribute to Caroline Nevin, we present her first BarTalk article as Executive Director from June 2007.

Personal

commitment to the profession – a belief that belonging to the CBA is an important part of being a lawyer, and that a strong CBA is good for the whole profession

Since that time, Caroline has contributed 65 articles over 11 years. We invite you to take a journey from 2007-2018 with Caroline’s BarTalk articles here.

On behalf of the BarTalk Editorial Board, we thank Caroline for her dedication to this publication and the legal profession in BC.

O

A

desire to support law reform – individual lawyers often can’t give their time and attention to legislation, law reform and policy development, but do want to ensure the profession’s input on provincial and federal laws Caroline Nevin Executive Director B.C. Branch Canadian Bar Association

Concern

about government and regulatory decisions – when clout is needed to influence decisions that impact lawyers, members believe in the power and credibility of the CBA

rganizations – like people – go through phases as they develop and mature. The Canadian Bar Association, despite its A need to connect with other lawyers – members 100+ years as an established institution, value the networking, mentoring, learning, volunteeris at a very early stage in its development as a voluntary ing... and a sense of “belonging” to a profession, beassociation in B.C. I describe us as the most nimble, reyond day-to-day life as a lawyer. sponsive Branch in the country, because almost everything we do is charting new ground here. Our energy, Yes, there are member discounts on useful services, drive and “anything’s possible” attitude stems from our hockey and ski tickets. And yes, we are B.C.’s most relative youth as a voluntary organprolific, cost-effective provider ization, and has made us a national of up-to-date professional de“While the voluntary leader when it comes to attracting velopment through Sections. But B.C. Branch may yet new lawyers. most people join the CBA as a be young, we have the way to contribute and engage We are completely focused on exas part of the larger legal prowisdom of elders and cellence – its definition, pursuit and fession. Our job is to help you experience to draw on.” achievement. In the world of memmake that connection, and then ber service organizations, there is exceed all your expectations of only one mandate: to be the very best at satisfying current what CBA membership means. members and attracting new ones. For the CBA to do that requires a clarity of vision that is only possible when you I am fortunate to have a staff team that is as commitlisten to lawyers. That’s one of my key roles as Executive ted to this endeavour as I am, and a National office Director: to hear what you have to say, both good and that backs us 100 per cent. The CBABC Executive and critical, and to use that information to guide our actions.

Council have provided exceptional leadership, ideas and support for new initiatives. While the voluntary We are now entering our third year of voluntary memB.C. Branch may yet be young, we have the wisdom bership, and close to 60 per cent of the practising lawof elders and experience to draw on – and no limits to yers in the province have joined us. From talking with what we can accomplish in the future. I look forward to members throughout B.C., I have a clear understanding working with you as we grow. BT of why people join: 6

BARTALK June 2007

EXECUTIVE DIRECTOR

R HE ST LA

CAROLINE NEVIN

The Advantage of Experience A revitalized CBA for the times

W

hen we are young, everything catches our eye and we dive deeply in to many different ideas, projects, goals and dreams. We accomplish some terrific things, and see no limit to what is possible. Confidence propels us, and we really don’t know what we don’t know. Nothing stops us from forging ahead with what we imagine to be unlimited energy and resources.

As time goes by, we start to realize that some things in life are more important to us, and that there is wisdom in investing in those things that really do deserve our time and are most likely to serve our goals. We recognize that time and energy both have limits, and that to be truly effective we have to ration and prioritize how we use them.

CBA has evolved dramatically over the 11 years I’ve served as Executive Director. Today’s CBA is wiser by far, and has learned to prioritize the ideas, projects, services and fees that members say best meet their goals. Bureaucracy and governance costs have been cut, more funds are directed to local branches, PD opportunities have been opened-up to members nation-wide, and the cost of membership has been significantly reduced (by $100 in BC). Here at home, we removed BC Section enrollment fees and include access to all 75 Sections and Forums with CBA membership.

What is perhaps less visible is the shift in culture: decisions are made more quickly, member input in those

decisions is more direct, and the membership is surveyed quarterly to ensure that your views and needs are front and center in everything we do. Many staff across the country now work in functional virtual teams to develop the best products and services for all members, regardless of where you live.

I am very proud to have had the opportunity to serve BC members through this exciting time of change. It has been a privilege to have met, emailed and talked with so many of you. This is one of the most challenging and rewarding jobs in the world, and I have gained so much from being here. But now it is time for someone else to take the helm,

I am very proud to have had the opportunity to serve BC members through this exciting time of change. and lead the organization into an even brighter future. With both the CBA and me entering a whole new phase of life, it seems the exact right time to leave.

As of January 7th, I will become the CEO of Courthouse Libraries BC (“CLBC”). I will bring all of the experience and wisdom I have gained

from my years with the CBA to my new role. The terrific staff team at CLBC work every day to improve access to justice by connecting lawyers and the public with the legal information and knowledge they need. It is a broad scope and an inspiring mandate that really “speaks” to me. I am delighted to have this opportunity to contribute.

As I leave, I am overwhelmed with how many people I have to thank. 1997’s ED, Barry Cavanaugh, who first hired me to his team. Frank Kraemer, QC, who mentored me and bolstered my confidence that an MBA and communications expertise was what the organization needed in a 2007 leader, not a lawyer. The 21 presidents and executive committees I served, all of which gave me their trust and allowed me to innovate and take risks. The justice system partners who were great collaborators and supports throughout my time here.

The amazing, ever-resilient National Management Team. And, of course, our own extraordinary Branch staff who always made me believe that anything we did together was going to succeed – and it did! I feel very blessed to have known you all.

Thank you.

Caroline Nevin

cnevin@cbabc.org DECEMBER 2018 / BARTALK

7

feature BRENT MECKLING AND MICHAEL LARSEN

Show Your Work Balancing freedom of expression on campus

“

Show your work” is the classic admonition of instructors across the world, scrawled across math tests and law exams since time immemorial.

In administrative law, “show your work” also applies where an educational institution must balance competing interests – such as when a student group invites an incendiary speaker to campus, or otherwise wishes to use institutional spaces to express themselves in ways that may result in disruptions or safety issues.

In these cases, groups rely upon their freedom of expression, which, of course, refers to the right enshrined

by Section 2(b) of the Canadian Charter of Rights and Freedoms. In the words of our Supreme Court, the freedom of expression ensures “that everyone can manifest their thoughts, opinions, beliefs, indeed all expressions of the heart and mind, however unpopular, distasteful or contrary to the mainstream.” Freedom of expression is not absolute; infringements can be justified if there are sufficient countervailing interests.

As the Charter (and the legal obligation to abide by freedom of expression) applies generally only to government and agents administering specific government programs, a common first question is whether an institution is bound by the Charter. In BC, institutions governed by the Colleges and Institutes Act are bound by the Charter, and institutions governed by the University Act are generally not.

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However, the freedom of expression is an essential element of all academic life. Support for freedom of expression has therefore found its way into many official statements of educational institutions, including strategic and academic plans, academic calendars, policies, and collective agreements.

That fact was key in the recent decision of UAlberta Pro-Life v Governors of the University of Alberta, 2017 ABQB 610, where the court sidestepped the Charter applicability question entirely, since the University of Alberta (“University”) had “voluntarily assumed responsibility for considering freedom of expression in this instance” due to statements in its Code of Student Behaviour and statements by its president.

On this basis, the court proceeded with a judicial review of a University decision, using the standard of reasonableness that applies when administrative decisions affect Charter rights.

The central issue was then, whether the University had made a “reasonable” decision in approving an application by a pro-life student group to hold a demonstration on campus, but requiring the group to pay for security for the event.

The University was able to produce a thorough 8-page review of the prior year’s demonstration by the same

group, and a careful consideration of the various hazards of another demonstration. The review demonstrated that the University weighed the freedom of expression of the demonstrators against the University’s statutory mandate to manage University property, and its duty to take reasonable care to ensure the reasonable safety of individuals on its campus.

The court ultimately found that the University’s decision was reasonable, even while noting that other reasonable alternatives existed, such as charging a lower security cost to account for the security issues partially

caused by counter-protestors. Having found that the University had made a reasonable decision, the court held that it could not substitute its own views and impose another alternative on the parties.

This case demonstrates that when balancing interests, there are often numerous reasonable answers.

However, by approaching the task with a thorough analysis, and documenting it, an institution is both able to make a reasonable decision, and to transparently defend that decision should the matter end up in court.

Note: The decision in UAlberta is currently under appeal to the Alberta Court of Appeal.

Brent Meckling and Michael Larsen are lawyers at Clark Wilson LLP, practising civil litigation.

feature MICHAEL SEREBRIAKOV AND MICHAL JAWORSKI

Copyright in Teaching Materials The sometimes complicated life of a syllabus

W

hen a post-secondary institution approves a course of instruction, it establishes a number of course elements such as subject matter, learning outcomes, and competencies.

Instructors bring courses to life, planning the sequence of lessons, readings, lectures, and assessments, including term papers and exams, and putting these together in a syllabus. We refer to these generally as “teaching materials.”

The application of intellectual skill and effort, not to mention creativity, means that teaching materials are generally protected by copyright.

Who owns the copyright, and who may use the materials and for what purpose, has a number of important practical implications for instructors and institutions in terms of enforcing rights and liability for infringement.

THE OWNER. Section 13(3) of the

Copyright Act states that the employer is the first owner of a work made in the course of employment, in the absence of any agreement to the contrary. In many institutions, copyright ownership is either addressed in a collective agreement, or in a binding institutional policy. A common (but not universal) model is that the instructor owns their teaching materials, but provides a license to the institution to use teaching materials in certain ways.

WITH OWNERSHIP COMES POWER.

As copyright owners, instructors are faced with students who have always

(and now even more so) shared instructor-provided lecture notes, PowerPoint slides, and reading materials. Students share amongst themselves but increasingly, whether knowingly or not, they share them with the world through open platforms like YouTube, Facebook and Reddit. Some commercial operators actively encourage and reward such distribution. Some instructors expressly allow such sharing (i.e. copying), but most instructors either expressly or implicitly restrict the broadest form of sharing and certainly object to sharing their teaching materials for commercial purposes.

When an instructor finds their teaching materials distributed in ways they do not agree with, as the copyright owners, instructors may enforce their rights. If the materials are shared on a website, they may use the complaint processes embedded in that site or otherwise contact the site’s operator. However, given the time and energy required to continuously police the Internet, there have been calls for collective action by institutions. In response, one has to ask: may the institution take action on the copyright owner’s behalf, and is that a responsible allocation of scarce institutional resources?

Collective action, if otherwise desirable and achievable, would require, at minimum, standardized copyright notices on all teaching materials,

and express authorizations from each instructor for each course.

WITH POWER COMES (VICARIOUS) RESPONSIBILITY. Instructors

often incorporate third-party copyrighted works into their teaching materials. Such works may be incorporated legally, either with the copyright owner’s consent, or through a user right such as fair dealing. Should there be a claim of copyright infringement, the instructor’s actions are of central importance and liability may follow. However, instructors are employees of the institution, and teaching is a central component of their employment activity, so, as

demonstrated in Canadian Copyright Licensing Agency v. York University, 2017 FC 669 (CanLII) at para’s 242 – 243 (under appeal), vicarious liability may be found with a minimum of analysis. That may well be appropriate vis-à-vis the third party, it is also appropriate to consider remedial actions the institution may take under the applicable collective agreement.

IN THE END. Teaching materials are

copyrighted and so the dynamics of each institution need to be understood in order to ensure that all parties are operating and cooperating in keeping with one another’s rights, responsibilities and capabilities.

Michael Serebriakov is Legal Counsel at the University of British Columbia.

Michal Jaworski co-chairs Clark Wilson’s Higher Learning Practice group.

DECEMBER 2018 / BARTALK

9

feature ASHA YOUNG

From “What is a Security” to “Wanting a Securities Practice” The power of an inspiring professor

I

f there was a list of frequently asked questions for firstyear law students, “what kind of law do you want to practice?” would be near the top.

In 2016, I attended an orientation dinner which concluded my intensive three-day introduction to the Peter A. Allard School of Law (“Allard”). Nervous mingling ensued, and I will never forget the lawyer’s face when he asked me, “Why law?

What kind of law do you want to practice?” I responded with a blank stare and a nervous laugh.

Unlike many of my colleagues, I did not come to law school with a specific future in mind. While many people assured me that the imposter syndrome would subside and that I would eventually find my fit, I was admittedly skeptical.

One of the challenges in terms of finding a “fit” was my limited knowledge of the diversity of practice areas in the profession. In my first semester of second-year courses (“2L”), I took a securities regulation course without knowing what a security was.

By the end of 2L, I had submitted a comment to the BC Securities Commission, and I secured a position at a boutique securities firm. I will begin my articles there in the fall.

So how did I go from not knowing what a security was, to wanting 10

BARTALK / DECEMBER 2018

a securities practice? I owe finding my “fit” largely to the supportive teaching staff at Allard, in addition to other mentors in the profession through programs such as the CBABC Mentorship program.

In 2L, I enrolled in a securities regulation course because I attended a lecture delivered by that professor while I was in first year. Her talk resonated with me. I walked into the first lecture of securities regulation with no business knowledge, but I walked out of that first class with a capacity to explain how to take a company public. Throughout the semester, my professor struck a perfect balance between making the material relevant, while expertly explaining the complicated system of National Instruments and the Securities Act. The course was set up to be accessible for students and to motivate

students from a variety of backgrounds to enter the field. During the semester, we had guest lectures from industry professionals, and we visited the BC Securities Commission for an enforcement hearing.

Overall, her pedagogy emphasized the reality of a practice in securities, and, while the course content was difficult, I found something that I was passionate about.

As daunting as law school can be at times, there are many people who want to help you succeed.

The teaching faculty at Allard are

incredible academics, but equally, they are sources of inspiration for their students.

I have been fortunate enough to work alongside many of the teaching staff and I believe that the Allard faculty has played a significant role in shaping what I want to do with my law degree. My advice to law students reading this would be to take your teachers up on their office hours; do not be afraid to engage your professors, they have wisdom to share.

Asha Young is a third-year student at the Peter A. Allard School of Law. Linkedin: linkedin.com/in/ashanyoung

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11

Indigenousmatters RANDY ROBINSON

Let Justice Be Done

Envisioning reconciliation in education

I

ndigenous law was not recognized until recently, Indigenous legal orders lived justice in the dances, songs and words of the ancestors. In Canada, this legal order was disrupted by the imposition of colonialism in the form of residential schools, the sixties/ millennium scoop, racist policies and laws that prevented Indigenous peoples from participating in society as a whole – namely – the prohibition of retaining a lawyer, applying the law or even to becoming a lawyer. Indigenous language had a lexicon that directed a system of just protocols grounded in time and culture. The loss of language initiated furthermore a loss of knowledge about Indigenous justice customs and methodologies for education.

During law school at the Peter A. Allard School of Law students are introduced to the maxim: Fiat justitia ruat coelum – “Let Justice be done though the heavens fall” on many occasions.

The maxim is rooted in an ancient metaphor commonly associated with the play Heauton Timorumenos by Terence. The phrase was later used in the famous case of Somerset v Stewart of the Court of King’s Bench in 1772. This case presided over by Lord Mansfield, pertained to a legal question of whether the law would permit a person (slave or non-slave) be removed from England against their will. Lord Mansfield ruled they could not be removed against their will because such removal was not permitted at common law or by an Act of Parliament. Somerset did not address the humanitarian implications of slavery. The ruling would have a 12

BARTALK / DECEMBER 2018

significant impact on society and the horrific existence of slavery because some estimate that there were more than 15,000 enslaved individuals in England at the time. Lord Mansfield stated in his judgment: “let justice be done whatever the consequence.”

This article aims to highlight the links between the metaphoric phrase and the possible interpretations that can be developed through truth and reconciliation orientated educational goals in law and justice. This text moves beyond envisioning the non-Indigenous hero saving the day, or the topic of slavery, rather to explore the metaphoric phrase and the role of justice actors and how important the implementation of the Truth and Reconciliation Calls to Action (“CTA”) is. The present-day CTA regarding justice and education may be viewed as an opportunity to explore reconciliatory initiatives and consequences in relation to the metaphoric phrase.

Law schools play an important role for Indigenous peoples. The Canadian Counsel of Law School Deans (“CLSD”) have summarized the ways that law schools are taking action. Some examples include adapting first year core curriculum that addresses Aboriginal law, hiring Indigenous faculty, Indigenous focused mooting, physical gathering sites for Indigenous students, committees and venues for obtaining Indigenous input. It is essential that legal educators participate in these

direct applications of their impacts and significant consequences in relation to the Calls to Action of this implementation.

The far-reaching impacts of implementing the CTA will consequently require making changes to the legal education system that disrupts how law schools have operated for centuries. For example: how and who teaches Indigenous laws in law schools, how Indigenous laws are evaluated and who can participate in designated supportive spaces that are meant for Indigenous students to gather.

Though much is being done to implement the CTA, the question remains, how does this translate into a more informed legal profession?

Law students that have gained exposure to Indigenous law, self-determined Indigenous representations of justice, dialogue and supportive spaces for reconciliation will be more prepared to contribute to the legal profession in its current goals toward reconciliation and diversity.

Particularly, these students will gain valuable knowledge about how to engage in opportunities that favour reconciliation in the legal profession. In the spirit of truth and reconciliation “let justice be done.”

Randy Robinson is an Algonquin from the Timiskaming First Nation and he practises law on unceded Coast Salish territory in British Columbia. He is currently appointed the Northern Representative of the Canadian Bar Association’s Aboriginal Lawyer’s Forum.

FRANCES ROSNER

UVic’s Joint Degree Program — Canadian Common Law and Indigenous Legal Orders, Paving the Way for Reconciliation In September 2018, the University of Victoria (“UVic”) welcomed its first cohort of 26 students (Indigenous and non-Indigenous) into the joint law degree program in Canadian Common Law and Indigenous Legal Orders. Students will graduate in four years with two professional degrees: Juris Doctor (“JD”) and Juris Indigenarum Doctor (“JID”). This program, the first of its kind in the world, combines the study of common law with Indigenous laws and governance. The objective is to provide students with the skills needed to practice in Canadian common law and in Indigenous legal systems – and to instill in students a deep understanding of the interface between them.

According to UVic Law Professor, John Borrows, Indigenous scholar and co-founder of the program, “The difference between Indigenous law and common law is that Indigenous peoples look to the land to find the principles for judgment, whereas the common law looks to old cases in libraries to decide how to act in the future.” Co-founder of the program and Indigenous scholar, Professor Val Napoleon, adds the following: “There’s a richness of history in Indigenous laws together with ways of managing that are thousands of years old. They not only help Indigenous peoples

to govern ourselves today; they provide the foundation for a new relationship with Canada… and that matters!”

The vision for the Indigenous Legal Orders program was originally conceived in 1995 when Professor Borrows, alongside other Indigenous scholars, including James (“Sakej”) Youngblood Henderson working at the Native Law Centre Summer Program in Saskatchewan, imagined what it would be like to one day teach Western property law through Indigenous legal customs.

Since then, Professor Borrows credits the broad nationwide involvement of fellow Indigenous scholars, Indigenous communities and leaders, professors, and benchers across Canada for making that vision a reality. He further attributes co-founder Val Napoleon joining the UVic Faculty of Law in 2011 as being instrumental in the final stages of planning and implementation of the program.

Professor Borrows expressed his gratitude toward all involved, specifically acknowledging the partnership between the UVic Faculty of Law and the ẈSÁNEĆ (pron: wa-saa-nich) Nation and the ẈSÁNEĆ School Board whose territory (spanning the Saanich Peninsula) the university sits on.

The “field study” course, described as a crucial component of the program entails students working with ẈSÁNEĆ peoples in their territory over one school semester. This intensive place-based

course will pair students up with ẈSÁNEĆ elders and knowledge keepers on various community projects with a focus on analyzing legal issues through ẈSÁNEĆ peoples legal traditions.

There is a further focus on the colonial relationship and power structures between ẈSÁNEĆ and Canadian law, along with the opportunities and barriers this creates for the revitalization of ẈSÁNEĆ laws. The goal is to arm students with a collaborative communitybased methodology needed to work effectively with a particular Indigenous community, so that the skills learned with the ẈSÁNEĆ Nation are transferrable to distinct Indigenous communities across Canada.

Academics aside, Professors Borrows is excited about the opportunity the joint degree program creates for reconciliation.

The program directly addresses numbers 26, 27, 28 and 50 of the Truth and Reconciliation Commission of Canada’s Calls to Action.

Through the rediscovery, revitalization and implementation of Indigenous laws, the state will be in a better position to work collaboratively with Indigenous Nations in a legal framework informed by both the Canadian Common Law and Indigenous Legal Orders.

JD/JID Joint Degree Program in Canadian Common Law and Indigenous.

Legal Orders brochure, available online.

2 Ibid.

1

Frances Rosner is a Métis lawyer working as a sole practitioner in Vancouver.

DECEMBER 2018 / BARTALK

13

nothingofficial TONY WILSON, QC

Being Tony

An existential exercise in the reality of the self

T

here it is again. The “C” word. In the process of booking a cruise for December, the glossy brochure arrived at our house last week with baggage tags, destination information and a warm personal letter to “Craig Wilson.”

This of course, was a function of the form I completed when we booked the cruise, which had to match my passport information.

The form was just like all the other forms I’ve had to fill in over a lifetime of form-filling. It assumes I have a first name, middle initial and a last name, and like James T. Kirk, Maynard G. Krebs and John Q. Public, I should be able to complete the form without any difficulty, hesitation or considered thought. After all, it’s a name, not an exam. Unfortunately, although all forms follow this basic universal format, many names do not. I don’t go by my first name. My entire family went by their re­spective middle names for some inexplicable British reason. So do I – sort of.

No offence to other Craigs out there, but I despise my first name and always know it’s junk mail in the mailbox, spam on the computer, or a rabid telemarketer on the phone if the “C” word is used. Apparently, I was conceived in the Craigflower Hotel in Victoria, so the place had some fond memories for my parents. Go figure.

Anthony is my middle name, but like Robert’s, William’s and James’ the world over, the formal is shortened to the familiar. Robert becomes Bob. William is Bill. James is Jim. And Anthony is Tony. Hence, I’ve been called Tony all my life.

14

BARTALK / DECEMBER 2018

But even though everyone calls me Tony, Tony is not my “legal” name.

So when I’m asked to fill in my legal name on a form, something that should be quite easy becomes a philosophical question on the nature of identity; an existential exercise in the reality of the self and the art of being. Should I be Tony, even though it’s not my legal name? Or should I be Craig A. Wilson because it fits nicely in the form? Or should I be Anthony C. Wilson, inverting the order of my names because that also fits nicely in the form and I get to avoid using the “C” word? Or should I annoy the data inputters and be C. Anthony (Tony) Wilson QC? Being Tony creates its own set of dilemmas. One hazard of being Tony, is being Toni. My name is misspelled regularly enough to warrant a reminder that I’m actually a guy, and it’s spelled T-o-n-y not T-o-n-i. Adding insult to injury, I’m often asked if Wilson is spelled with one “l” or two. Good grief.

Another hazard is people mis-hearing Tony and calling me “Tommy,” as if I were eight years old and still in elementary school. Another hazard of being Tony is the inevitable rhyming that doesn’t seem to come with sensible names like David, Robert or William. I have learned to accept the fact that Tony-Baloney is funnier to some people than David-Baloney.

One annoying hazard of being Tony is the Italian factor. When I moved

from the protected tweedy Anglo enclave of Oak Bay to Ontario in 1975 for university, the very mention of my name provoked mock Italian accents from virtually everyone I met.

“Antonio,” they would say. Or more often: “Tony! Tony! Tony!” using the sort of exaggerated hand-gestures common to people pretending to be Italian. I would plead ignorance to the suggestion that because my name was Tony, I was by definition Italian. Coming from Victoria, the thought never occurred to me. All the Tony’s I had ever met until then were Anderson’s, Brigham’s and other Anglo’s (which, I suppose, says a lot about Victoria).

So, despite loving all things Italian, being Italian wasn’t necessarily one of them.

It’s been a long time since Tony Blair was the Prime Minister of the UK. He may not have made the world safe from terror, war, class struggle or poverty, but he made the world far safer for Tony’s. He never formalized his name to Anthony (although he could have) and, thanks to him, being Tony in the English-speaking world doesn’t always mean that you are “Tony! Tony! Tony!”, Tony Soprano or Tony-Baloney.

Although there is more work to be done, Tony Blair will forever be the patron saint of Tony’s.

Tony Wilson, QC is a franchise lawyer at Boughton in Vancouver and a Bencher of the Law Society.

The views expressed herein are strictly those of Tony and do not reflect the opinions of the Law Society, CBABC, or their respective members.

I give to my community and with Vancouver Foundation, my giving lasts forever.

75 years ago, a single gift started Vancouver Foundation and that gift is still making a difference in the community today.

We can help you create a fund that gives forever.

Get started at vancouverfoundation.ca/create or call Kristin at 604.629.5186

To find your local community foundation visit communityfoundations.ca

DECEMBER 2018 / BARTALK

15

sections SECTION UPDATE

Keep Current A review of provincial Section meetings 2018/19 Section Term

On September 29, 2018, the CBABC welcomed Paula Littlewood, Executive Director of the Washington State Bar Association and Steve Crossland, Chair, Limited License Legal Technician Board to the CBABC Provincial Council Meeting. In relation to the LSBC’s Initiative on Alternate Legal Service Providers, these speakers delivered an informative discussion about their experience with Limited License Legal Technicians in Washington State, and their perspective on the need for the legal profession to embrace the change and help shape it.

Law Society of BC’s Initiative: Alternate Legal Service Providers in Family Law Meetings in Review

Real Estate Tax Regimes Meetings in Review

Law Society of BC’s Initiative: Alternate Legal Service Providers in Family Law The Law Society is working

uon expanding the kinds of ser-

vices that can be provided by nonlawyers to address unmet needs of the public. To protect the public interest, these “alternative legal service providers” will be credentialed and regulated by the Law Society of BC. Legislative amendments to the Legal Profession

16

BARTALK / DECEMBER 2018

legal service providers would be permitted to undertake in order to address unmet and underserved needs for legal services.

The working group focused first on family law, as it is frequently identified as an area of need where the absence of skilled help can exacerbate the hardship families suffer.

Act are necessary for the Society to create, credential and regulate new categories of non-lawyer legal service providers, and the Law Society of BC has requested such amendments from the provincial government.

In order to be prepared for legislative changes when they are enacted, the Benchers created the Alternative Legal Service Provider Working Group, with a focus on identifying the appropriate scope of practice that alternative

On September 20, 2018, the Family Law – Vancouver Section welcomed Miriam Kresivo QC, Nancy Merrill QC, and Michael Lucas to host an open discussion with members of the family bar to get their insights and feedback on the matter. The speakers went into depth about how and why this initiative was formulated and asked members about why they think it wouldn’t work citing areas of concern and also if anything, what members thought would work in the proposal. uuu To hear more of this lively open discussion, the recording and minutes are found here.

Real Estate Tax Regimes BC and Vancouver have seen

u many changes to real estate

taxes this past couple of years, with some enacted and some coming into legislation. The incoming Land Owner Transparency Act, Speculation Tax, Foreign Buyers Tax, Vacancy Tax and other selective tax issues have altered the landscape of residential and commercial property taxes.

In light of this, CBABC Sections have been very busy this year, discussing these topical issues.

On October 30, the Wills & Trusts – Vancouver Section welcomed Michael Ventresca, Associate, Blake, Cassels & Graydon LLP and Ian Worland of Legacy Tax & Trust Lawyers to give a presentation on the Land Owner Transparency Act. On June 20, 2018, the BC Ministry of Finance released a white paper on draft legislation that will require reporting on beneficial ownership of land in BC. The stated intention behind this draft legislation, titled the Land Owner Transparency Act, is to end hidden ownership of real estate to prevent tax evasion, fraud and money laundering. Michael Ventresca discussed the scope and effect of this proposed legislation from a commercial real estate law perspective, and Ian Worland spoke about the STEP submissions and what planners need to consider. uuu To watch this thorough presentation, the recording can be viewed here.

On October 23, the Banking Law Section welcomed Scott Gorski, Associate (Tax), Borden Ladner Gervais LLP, to lead a conversation about the potential impact of legislation on lending, specifically from the context of the incoming Land Owner Transparency Act and Speculation Tax. Going into the background of the housing crises, Gorski led the discussion toward an overview of the property taxes affecting purchasers and home owners, introducing the new BC Speculation and Vacancy Taxes, discussing their background, goals, targets, jurisdictions, tax rates, ownership, declarations, exemptions, tax credits and administration/ enforcement.

On October 10, the Commercial & Real Estate – Okanagan Section welcomed Dave Gautier, CPA, CA – Managing Director, and Lynn Wong, CPA, CA – Incorporated Partner, of Crowe MacKay Kelowna Office, to discuss these relevant real estate taxation issues that are of concern in commercial and real property transactions. Gautier discussed indepth each of the aforementioned taxes, as well as the Additional School Tax and BC Payroll Tax. This primer on the new taxes is the perfect introduction for lawyers who are looking for a quick birds-eye view of these taxes.

uuu To watch this informative presentation, the recording can be viewed here.

For CBABC members, more detailed information and available minutes from the Section meetings are online at cbabc.org under CBABC Sections & Forums.

On October 17, the Taxation Law Section and the Real Property – Vancouver Sections welcomed Noah M. Sarna, Partner, Thorsteinssons LLP, to give his in-depth and up-to-date summary on the new and unique taxes imposed on the purchase and use of residential realty in Vancouver and across the province, more specifically, on the rules concerning the Foreign Buyer Tax, the Vacancy Tax and the Speculation Tax. Diving into these discussions, Sarna spoke to the implications of each of these taxes, giving a full understanding of how your practice will be affected by these unique taxes on the purchase and use of residential realty. uuu To watch this thorough presentation, the recording can be viewed here.

uuu To read about these taxes, the PowerPoint can be viewed here.

GET INVOLVED IN THE 2018/19 SECTION TERM! CBABC members receive

unlimited access to all 76 BC and 41 National Sections and Forums. There are no additional costs to enroll in Sections!

Are you a CBA member

outside of BC? CBABC offers many Section meetings accessible by webinar and/or teleconference.

CBA members outside of BC are welcome to participate in BC Section activities by paying the BC Branch levy.

DECEMBER 2018 / BARTALK

17

practicetalk DAVID J. BILINSKY

Smart Contracts

The digital revolution continues… r

This is the end Beautiful friend This is the end... r

list of computer records linked together by cryptography. Each Block or node in the chain consists of a cryptographic hash of the prior record in the chain, a timestamp and data about the transaction. Because of the nature of the cryptography, no node in the chain can be altered without altering all prior blocks. This ensures that no data in the Blockchain can be changed.

contract simply makes the product or service unusable if the terms of the contract are breached.

While the technologies of AI contract review or automated legal research seek to replicate, albeit much faster, the tasks that lawyers already do, Smart Contracts are different. Built upon the Blockchain technology, Smart Contracts don’t resemble anything presently produced by a lawyer.

When the chain’s nodes represent contracts, the contracts cannot be altered. Furthermore, the node also carries within it the rules and penalties for non-compliance.

So what exactly is a Smart Contract?

It is a bit of computer code that is stored, supervised and managed as part of the Blockchain. It is also described as a self-executing contract, in the sense that it is able to enforce the performance of its terms with no further overhead, cost or supervision. How exactly then does this work? In order to delve deeper into Smart Contracts a bit of an explanation of the Blockchain is in order.

The Blockchain is an ever-increasing

An example is in order. Suppose you rent a (smart!) car under a Smart Contract. In order to start the contract, you lodge a payment (in Bitcoin) and the Blockchain provides you with a “key” to drive the car. But the contract requires you to make monthly payments to keep using the car. Miss a payment and the Smart Contract electronically renders your car “key” unusable.

No court action or seizing the car is required – the computer code or

The second punch lands on litigators who would otherwise take action to enforce the breach of a traditional contract. The Smart Contract potentially alters society’s view of and need for lawyers. This is the end beautiful friend – the end.

– Music and Lyrics by J. Morrison, J. P. Densmore, R. D Manzarek, R. A Krieger, recorded by The Doors.

W

ell, if ROSS Intelligence, automated contract review, Artificial Intelligence (“AI”) legal research, artificial litigation strategy analysis, automated document review, machine learning and similar approaches were not enough, now there is a new technology threatening to bring about the end of lawyers: Smart Contracts.

18

BARTALK / DECEMBER 2018

Smart Contracts hit the legal profession with a 1-2 punch. One punch is aimed at solicitors who would otherwise draw traditional contracts unless they become familiar with the creation of computerized contracts.

The views expressed herein are strictly those of David Bilinsky and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.

David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia (presently on leave).

Email: daveb@thoughtfullaw.com Blog: thoughtfullaw.com GO ONLINE FOR MORE INFORMATION

dave’s techtips Smart Contracts To understand the nature of the revolution that is occurring in this area, we start not by learning contract law but by learning a bit about the “Bitcoin protocol” or how Bitcoin and the Blockchain work.

uuu MICHAELNIELSEN.ORG As stated on michaelnielsen.org, “you need to be comfortable with public key cryptography, and with the closely related idea of digital signatures.” He also assumes that you’re familiar with cryptographic hashing.

These concepts he states, “can be taught in freshman university mathematics or computer science classes. The ideas are beautiful, so if you’re not familiar with them, I recommend taking a few hours to get familiar.”

Lawyers, in effect, are being replaced by computer scientists.

Of course, you don’t need to understand how the Blockchain works to start using the tools in the same way that you don’t need to understand how MS Word works to produce a written contract. But Smart Contracts are crafted differently.

uuu RSK (rsk.co)

RSK is an open-source, Smart Contract platform. RSK’s mission

is to: “add value and functionality to the Bitcoin ecosystem by enabling Smart Contracts, near instant payments and higherscalability.” To learn more, you can become an “Ambassador” and “[b]ecome a pioneer in the most secure and efficient Smart Contract platform in the market.”

uuu ETHEREUM (ethereum.org)

Ethereum is an alternative Smart Contract platform. It can be used to “create markets, store registries of debts or promises, move funds in accordance with instructions given long in the past (like a will or a futures contract) and many other things that have not been invented yet, all without a middleman or counterparty risk.” The idea that a will could be a Smart Contract and placed on the Blockchain is an interesting one and I am sure, not yet on the dashboard of the legislators in Victoria. “Using Ethereum, you can create a contract that will hold a contributor’s money until any given date or goal is reached. Depending on the outcome, the funds will either be released to the project owners or safely returned back to the contributors. All of this is possible without requiring a centralized arbitrator, clearinghouse or having to trust anyone.” You can see the top apps built using Ethereum at stateofthedapps. com/rankings in such areas as Finance, Exchanges, Property, Insurance, Health and others.

Aside from Smart Contracts, the Blockchain has other uses:

uuu TIERION (tierion.com)

TIerion uses the Blockchain to create “technology and products that reduce the cost and complexity of trust.” Examples are crafting an audit trail, or timestamping documents or creating verifiable credentials using the Blockchain. Companies that use this technology right now include Dell, Xero and Liaison.

Another use of the Blockchain is for voting. You can be issued a vote token that can be used only once on each vote. The Blockchain creates a permanent record of voting data that keeps each person’s identity anonymous but allows you to go back and see your voting record.

Yet another use of the Blockchain is to keep records, a necessary governmental function, such as births, deaths, marriages and the like. In October 2014, a couple at Disney World were the first in the world to have their marriage permanently recorded on the Blockchain.

As you can see the possibilities of the Bitcoin protocol are vast.

However, I believe the implications for lawyers are that they will have to learn new skills.

Mathematics, computer science… brave new world, here we come!

© 2018 David J. Bilinsky

DECEMBER 2018 / BARTALK

19

feature CRAIG STEWART

Trinity Western University’s Litigation to Open a Law School

S

ay “law” and “education” in the same sentence and you might start a conversation about the cost of legal education, induce spasms of suppressed memories about a bad mark, or end up talking about the increasing number of law schools in Canada while student articling positions remain few in number. Not long ago, the Supreme Court of Canada (“SCC”) came down 7 – 2 against opening another law school as proposed.

One could not have missed mention of it: The Trinity Western University (“TWU”) case.

The hearing took place late last year and a pair of judgments were delivered six months later. Why so compelling? The case involved, in broad strokes, Christian belief versus LGBTQ acceptance, a strenuous exercising of legal reasoning and interpretation, and here was a case of Charter rights arguably in direct conflict and what kind of democracy are we?

Can an evangelical university open a law school while stipulating that every member of the student body, faculty and staff sign a pledge not to conduct themselves contrary to biblical teachings for the duration of their studies or employ? SCC: It cannot. Can a potentially approving bar society really consider the admissions policy of a proposed law school? SCC: It can.

Far from a consensus judgment composed by “The Court,” this was 155 20

BARTALK / DECEMBER 2018

pages of reasons in four separate decisions. The majority of five found the interference with TWU’s religious freedom to be not that significant while Chief Justice MacLachlin (as she then was) – concurring in the result – found it to be severe.

Justice Rowe found no Charter right interference at all, saying that TWU did not have a sincere belief that the Community Covenant was required by their religion.

The majority found that deference was owed under the Doré/ Loyola framework to the administrative decision maker here, the bar societies of BC and Ontario. They also found that the bar societies, working for the reputation of the law and in the public interest, could withhold

5951 against approving TWU’s law school and 2088 in favour. approval of a law school with this mandatory Covenant, found to be discriminatory toward LGBTQ people. “This deference properly reflects legislative intent, acknowledges the law society’s institutional expertise, follows from the breadth of the ‘public interest,’ and promotes the independence of the bar,” they wrote.

The dissenting justices (Côté and Brown) found that not that much deference was owed to the bar societies according to their governing statutes. They also argued that Canadians would not perceive the bar societies as condoning the discrimination of TWU’s Covenant; this worry was misplaced.

As for the BC Supreme Court’s finding – upheld by the Court of Appeal – that the referendum ultimately precipitated by the bar society members (after the Benchers voted to approve TWU’s law school) could not, and did not, appropriately weigh the Charter rights in question, the majority swept this aside. The fact that the Benchers announced that they would be bound by the referendum results of what ended up being 8039 mail-in ballots (5951 against approving TWU’s law school and 2088 in favour) did not negate due consideration of Charter protections. The Benchers were entitled to seek guidance from the entire membership and they were not required to give reasons. The dissenting justices said that the BC bar society Benchers binding themselves to the results of a referendum of members was a violation of their statutory duty in addressing a Charter claim.

A month after the SCC judgments were released, TWU announced that signing the Community Covenant would no longer be mandatory for incoming students, though it will remain so for faculty and staff.

TWU may yet get a law school.

Craig Stewart obtained his Juris Doctorate from the Schulich School of Law at Dalhousie University and is still searching for an articling position.

feature MICHAEL HANCOCK AND REUT AMIT

Student Discipline and the Appeal Process

U

nder the School Act (the “Act”), School Regulation (the “Regulation”), and related Orders (collected on the Ministry of Education

Each school district will have established policies regarding suspension and expulsion of students, and these policies should be a first point of reference for concerned parents or counsel.

website as the “Manual of School Law”), school boards must establish a student code of conduct. Students are required under section 6 of the Act to abide by the terms of these codes.

Section 11 of the Act requires school boards to establish an appeal process by bylaw, which allows parents or students to appeal decisions significantly affecting the “education, health or safety” of a student to the Board of trustees.

Under most appeal bylaws, students or their parents are expressly entitled to appeal suspensions and any refusal to offer an educational program. Appeal processes will usually consist of multiple stages, involving senior education staff above the level of the decision maker, with a direct appeal to the Board as the final stage.

When students contravene a code of conduct, they may be subject to discipline, including suspension from school where the conduct is sufficiently serious. Suspended students must, however, still be provided an educational program (usually through the provision of homework). Boards may refuse to provide an educational program to students aged 16 or over (i.e. expel) who refuse to comply with their applicable code of conduct.

School principals have primary responsibility for student discipline.

If a section 11 appeal has been heard, a further appeal may be made to the Superintendent of Appeals under section 11.1 of the Act, as long as the matter falls within the scope of

section 2 of the Appeals Regulation, which includes, among other things, an expulsion or suspension from an educational program.

Discipline imposed by Boards must be similar to that which would be imposed by a “kind, firm and judicious parent” (Act, s. 76).1 Policies with mandatory consequences for certain offences (e.g. “zero tolerance” policies) have been found not to meet the required standard.

As such, policies must provide for flexibility and discretion on the part of the person authorized to impose discipline.2

The courts in British Columbia have interpreted these terms in the following way: “kind” to mean affectionate, loving or fond; “firm” to mean constant, steadfast, unwavering or resolute; and “judicious” to mean of sound judgment, discrete, wise, sensible, or marked by discretion, wisdom or good sense (Taylor (Guardian ad litem of) v.

British Columbia (School District No. 35 - Langley) [1984] BCJ No. 165).

2 Taylor (Guardian ad litem of) v. British Columbia (School District No. 35 - Langley), [1984] BCJ No. 165, aff’d Taylor (Guardian ad litem of) v. Langley School District No. 35, [1985] BCJ No. 2000, 65 B.C.L.R. 197 (BCCA).

1

Michael Hancock (partner) and Reut Amit (associate) are from the workplace law and advocacy firm, Harris & Company LLP. Twitter: @HarrisCoLLP LinkedIn: linkedin.com/company/harris&-company-llp/ DECEMBER 2018 / BARTALK

21

feature KATIE WILSON

Growing Liability Concerns in the Classroom

A changing climate in education

E

ducation is an everchanging field as research around how children acquire and retain knowledge improves.

Best practice encourages outdoor play, exploration, field trips and overnight camps. The aim is developing resiliency, critical thinking, and decision-making skills, all essential in the 21st century. Despite this knowledge, teachers are not able to create these learning experiences due to liability concerns. Children are no longer required to think critically about their choices and a culture of deflection and liability has grown, specifically targeting educators and schools. While the figures of successful school lawsuits may be low, the perceived risk for all educators is high.

Recent changes include no “piggybacks,” pyramids or many tag-type games after legal issues or threats thereof. Students lose the valuable experience of safely choosing an activity or learning to carefully climb or jump between rocks, because the choice has been removed out of fear.

Field Trips are planned to make sure there is not too much time in an environment where options such as climbing trees or running through forests are available, with many schools cancelling overnight trips altogether over fears of liability should an emergency arise. At least one camp in BC has banned running all together while the students are on-site. All of the areas that are specifically targeted by these trips – exploration, motor skills and decision 22

BARTALK / DECEMBER 2018

making become unable to develop.

Through the combination of teachers lacking specific legal knowledge, pressure from districts to mitigate all risks, and parents deflecting responsibility from their children, valuable learning opportunities are being removed.

Children are naturally curious about the world, wanting to climb, explore and learn their own limitations. Traditionally fostered at home, external pressures have removed free play from most childrens’ day. Coupled with many of these activities no longer being allowed on the school playground: climbing structures, swings, and trees to climb – an effort to protect actually has children missing out.

Having to mitigate a risk/reward situation on the playground or offcampus trip allows children to develop skills that cannot be replicated in any classroom. By learning to manage their bodies through spatial awareness students develop the core skills of thinking critically about a situation and learn to take responsibility for their choices. Recent changes have shifted families from saying to their child “why did you jump off that rock?” into saying to their teacher “Why did you let them get close to a rock?”

While shifting liability has become the status quo, not all changes have had negative implications. With an expanding body of concussion research, new policies and practices have been implemented, with the aim of protecting children. These changes may not have occurred without liability fears pushing them to the forefront. However, this unknown new field has caused mass fear amongst educators. Every day children will collide during play or scrape against an object. The child will pause, then resume their play.

Despite not appearing hurt, common practice in many schools is to provide ice, and have parents immediately notified. This practice has developed out of fear. What if they have a head injury?

What if they do not tell their parents they are not feeling well later?

And above all: What if I am wrong? This has led to changes in playground protocols, such as students no longer being able to play tag games for fear that they will run into a structure or another student. Every teacher seeks to protect students in their care but it is incredibly challenging to anticipate all risks in a given situation, especially when dealing with a wave of young people who have not had to navigate challenging situations independently. Teachers care deeply for their students, and want to set them up for success, yet the concern always comes back to the same end: could I get sued for this?

Katie Wilson has a decade of experience as a K-7 Educator and coach. She holds a Masters Degree in Educational Methodology and Policy.

news&events EVENT RECAP

2018 Mentorship Receptions UBC, UVic and TRU PETER A. ALLARD SCHOOL OF LAW, UBC MENTORSHIP RECEPTION AND SCHOLARSHIP PRESENTATION October 26 at Law Courts Inn, Vancouver

THOMPSON RIVERS UNIVERSITY MENTORSHIP RECEPTION October 18 at TRU Campus, Kamloops

(L-R): Cindy Chen (2018 CBABC Entrance Award Recipient) with Margaret Mereigh (CBABC President)

(L-R): Cindy Chen (2018 CBABC Entrance Award Recipient) with Summer Ibrahim (UBC CBA Student Rep)

UNIVERSITY OF VICTORIA MENTORSHIP RECEPTION AND SCHOLARSHIP PRESENTATION November 1 at Hotel Grand Pacific, Victoria

Ken Armstrong (CBABC Vice-President) speaks to mentors and mentees

(L-R): Margaret Mereigh (CBABC President) with Jacquie Miller (2018 CBABC Entrance Award Recipient)

Fabio McLeod (UVic CBA Student Rep)

DECEMBER 2018 / BARTALK

23

news&events NEWS

BC WLF Update

KUDOS

SAVE THE DATE! The CBABC Women Lawyers Forum Awards Dinner Gala 2019 will be held on April 11, 2019 at the Terminal City Club. Please join the BC WLF in celebrating outstanding women leaders as they honour the recipients of the BC WLF Award of Excellence and the Debra Van Ginkel, QC Mentoring Award.

This year, the BC WLF are thrilled to announce that their special guest speaker is The Honourable Catherine Anne Fraser, Chief Justice of Alberta, Northwest Territories, and Nunavut. Chief Justice Fraser is regarded as a trailblazer in the legal profession and became the first female chief justice in Canada.

Her strong belief in justice for all makes her an exemplary speaker for the gala.

CBA WLF TO STUDY GENDER-BASED COMPENSATION uuu Click here for the details

Service

Congratulations to Terence E. La Liberté, QC, our 2018 recipient.

(L-R): Terence E. La Liberté, QC with CBABC President Margaret Mereigh 44-year

Mr. La Liberté is a CBA member and works with La Liberté Cronin & Company in Vancouver.

The award is named for Georges A. Goyer, QC, a respected member of the CBA BC Branch who passed away in 1992 after a courageous battle with cancer.

This annual recognition is for a BC resident’s exceptional contribution to the law, the legal profession or a lawrelated benefit to British Columbians.

NEWS

paralegals, legal support staff, and other experts in the larger community from every area of law.

relevant to the questions, procedural issues, and client needs that BC legal professionals face daily.

CLEBC CONTRIBUTORS: THANK YOU FOR HELPING US EDUCATE BC’S LEGAL PROFESSION

Thank you CLEBC contributors for being teachers and leaders in our community. The energy and time that you commit to our 50+ publications and 80+ courses each year is incredible. We are so grateful that you share your practice experience, debate legal developments, refine professional ethics, and perform legal analysis to help your colleagues stay educated and up to date.

All of your contributions, whether as a course chair, editorial board member, course presenter, publication author, course material author, or online moderator are deeply appreciated.

CLEBC Update

CLEBC has been committed to educating BC’s legal community since 1976. As an independent not-for-profit organization, CLEBC works with more than 1,000 volunteer contributors each year to develop our resources, support a culture of learning, and foster the highest standards in continuing legal education.

CLEBC contributors include lawyers, judges, academics,

24

2018 Georges A. Goyer, QC Memorial Award for Distinguished

BARTALK / DECEMBER 2018

You are the cornerstone of CLEBC’s ability to produce highquality legal education resources

Curious about contributing to CLEBC? Visit cle.bc.ca/contribute today.

BC LEGISLATIVE UPDATE

ACTS IN FORCE Current from August 15, 2018 up to and including October 23, 2018 The full version of Legislative Update is now only published online and is available exclusively to CBA members at cbabc.org.

CANNABIS CONTROL AND LICENS-

ING ACT, S.B.C. 2018, C. 29 (BILL 30) Sections 144 to 153 in force October 1, 2018. Section 2 of Part 1, Part 3, Divisions 4 to 6 of Part 4, Part 5 other than section 80, Part 6, Part 7 other than section 117, 122 and 126, and sections 142, 143, 157 to 159 and 162 of Part 9 in force October 17, 2018

CHILD, FAMILY AND COMMUNITY SERVICE AMENDMENT ACT, 2018, S.B.C. 2018, C. 27 (BILL 26) Section 1(a), insofar as it enacts the definition of “Indigenous child”, section 1(c), insofar as it enacts the definitions of “First Nation” and “First Nation child”, section 1(e), insofar as it enacts the definition of “Treaty First Nation”, sections 14 and 16, section 18(a), as it repeals and replaces only subsection (2) of section 34 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46 and section 27 in force October 1, 2018

LIQUOR CONTROL AND LICENSING ACT, S.B.C. 2015, C. 19 Section 83(b) is in force October 1, 2018

MEDICARE PROTECTION AMENDMENT ACT, 2003, S.B.C. 2003, C. 95 (BILL 92) Section 1, section 2, as it enacts section 15(1)(d) of the Medicare Protection Act, except as it enacts the text “, 18.1 ” in section 15(1)(d)(i), (ii) and (iii), sections 3 and 4, section 5, except as it enacts section 18.1 of the Medicare Protection Act, section 6, as it enacts sections 19 and 20 of the Medicare Protection Act, except as it enacts the text “, 18.1 (3)” in section 20(2), sections 7 and 8, section 12, as it amends section 46 of the Medicare Protection Act, except as it enacts the text “, 18.1 (I) or (2)” in section 46 (5.1 ) and section 15 are in force October 1, 2018. Section 2, insofar as that section was not brought into force by section 1(b) of Schedule 1 of B.C. Reg. 178/2018, section 5, as it enacts section 18.1 of the Medicare Protection Act, section 6, insofar as that section was not brought into force by section 1(e) of Schedule 1 of B.C. Reg. 178/2018, section 9 and section 12, insofar as that section was not brought into force by section 1(g) of Schedule 1 of B.C. Reg. 178/2018. are in force April 1, 2019

MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2018, S.B.C. 2018, C. 23 (BILL 24) Sections 18 to 20 and 22 to 26 are in force October 1, 2018

MOTOR VEHICLE AMENDMENT ACT, 2010, S.B.C. 2010, C. 14 (BILL 14) Sections 16, 17 and 18 are in force October 17, 2018

MOTOR VEHICLE AMENDMENT ACT, 2018, S.B.C. 2018, C. 18 (BILL 17) Sections 2, 3 and 4, section 16(a), as it enacts section 210(2)(k.01) of the Motor Vehicle Act, sections 18 and 24 are in force October 17, 2018

STATUTE REVISION ACT, R.S.B.C. 1996, C. 440 The revisedTrespass Act, R.S.B.C. 2018, c. 3, is brought into force, effective October 1, 2018

BRANCH & BAR

Calendar

DECEMBER

14 Welcoming Ceremony for The Honourable Melissa Gillespie — Vancouver

NEWS

Investigation Launched into Alleged Academic Freedom Violations at TRU ACADEMIC FREEDOM is the conviction that the freedom of inquiry by faculty members is essential to the mission of the academy as well as the principles of academia, and that scholars should have freedom to teach or communicate ideas or facts without being targeted for repression, job loss or imprisonment.

On October 31, 2018 the Canadian Association of University Teachers established an investigation into the case of Professor Derek Pyne at Thompson Rivers University (“TRU”) to determine if his academic freedom was violated.

In April 2017, Professor Pyne published an article exploring the use of so-called “predatory publishers” by faculty members and administrators in the School of Business and Economics at TRU. He says he was subsequently targeted by the Administration in violation of his academic freedom.

Professor Pyne has been suspended by TRU since July.

Dr. Mark Mac Lean (Mathematics) of the University of British Columbia will chair the investigatory committee. Carla Graebner (Librarian for Data Services and Government Information) of Simon Fraser University will also serve on the committee.

uuu Read More

DECEMBER 2018 / BARTALK

25

news&events TIPS FROM

EDUCATION LAW READINGS

Education law is complex and wide-ranging. It requires extensive awareness of how boards, parents, teachers and students (not to mention donors, religious bodies, real estate developers, and even law societies) align under a unique body of common law, Charter cases, and a tangle of legislation. Did you know 89 separate BC acts and 101 provincial regulations make reference to eight in-force, education-specific laws in BC. Curious? See here: bit.ly/EDULAWBC. Such complexity makes commentary on education law a critical wayfinding aid. CLBC offers in-library digital and print access to important legal encyclopedias. Quicklaw’s Halsbury’s Laws of Canada spans seven main headings under its title “Education”: right to education; compulsory attendance; rights of pupils in schools; equality of education rights; First Nations children; conduct and discipline; and post-secondary education. The Canadian Encyclopedic Digest has BCspecific subheadings within its title “Education (Western)” and covers 13 headings: introduction, constitutional jurisdiction, Ministry of Education; public schools; separate schools; charter schools; liability of boards, administrators and teachers; students; teachers; parents; special education programs; minority language education; and colleges and universities. Law Society of BC members can also access Education Law in Canada: A Guide for Teachers and Administrators using the Remote Access Subscription Database, and read it online anytime, anywhere.

26

BARTALK / DECEMBER 2018

CBA WEST

2019

RESPECT FOR JUSTICE OUR PROFESSION THE PEOPLE WE SERVE

Join us in the Okanagan, April 26-28 EARLY BIRD REGISTRATION GIVEAWAY! Register by Mon, Dec 31 for a chance to win back your registration fee.

Visit cba-west.org This promotion is sponsored by:

Financial Security The Lawyers Financial Investment Program was designed specifically (and exclusively) for the legal community (lawyers, staff and their families) to help you earn more for retirement faster, and provide a reliable stream of income in retirement.

To help you sleep at night, connect with your local Lawyers Financial Advisor today.

David Hodgson 604.247.8007 Toll Free: 1.888.477.5630

lawyersfinancial.ca

* available for individual investor plans The Lawyers Financial Investment Program is issued by The Great-West Life Assurance Company or its subsidiaries and administered by Morneau Shepell Ltd. Lawyers Financial products and plans are sponsored by The Canadian Bar Insurance Association (CBIA).

Lawyers Financial is a trademark of CBIA and is used under license by Morneau Shepell Ltd. and The Great-West Life Assurance Company.

DECEMBER 2018 / BARTALK

27

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BARTALK / DECEMBER 2018

Gosal & Company · Barristers & Solicitors ·

Sarj Gosal B.A., LL.B.

254 - 12899 76th Avenue, Surrey, BC V3W 1E6 W W W . G O S A L A N D C OM P A N Y . C O M

stats LAW FOUNDATION LAW FOUNDATIONOF OFBRITISH BRITISH COLUMBIA COLUMBIA

Cost-per-client

for legal advocates and law students: Legal advocates – $69 Law students – $182

Statistics Summary Sheet The Law Foundation would like to share a summary of statistics about some of the work it funded, between January 1, 2017 and December 31, 2017, to support access to justice in BC. FUNDING 180 grants totalling $18,324,440 LEGAL AID – DIRECT CLIENT SERVICES (ADVOCACY) 101,057 clients served, including: 63,676 served by 64 legal advocates; 5,150 served by law students; 4,309 served by 55 lawyers at Law Foundation-funded programs; 6,993 served by 830 pro bono lawyers; and 15,058 served by LSS through Law Foundation funding.

PROFESSIONAL LEGAL EDUCATION 905 law students and advocates supported

by Law Foundation funding 28 scholarships and awards issued PUBLIC LEGAL EDUCATION More than 392 publications created or updated 679 workshops delivered to 16,203 participants 77 webinars delivered to 2,829 participants 2,163,373 users accessed information online LAW LIBRARIES 29 law libraries across the province 89,289 information requests from the public and the legal community 241 public libraries with public legal education collections LAW REFORM 98 law reform projects worked on or completed LEGAL RESEARCH 93 legal research projects funded

NATIONAL MAGAZINE

Bench Press: Applying to Be a Judge a Long and Wordy Process The new process developed in 2016 to increase transparency in judicial appointments and diversity on the Bench brought with it a brand new questionnaire that was more than double the length of the previous one.

The new application form offers more guidance for completing the optional self-identification portion, and offers more information on filling out the employment history section. It also requires more – and more varied – references, has a written skills assessment section in which the applicant has to provide five written judgments (along with a synopsis of each and the reasons why those five were chosen), and five 750-1,000-word essays on questions related to the role of the judiciary in Canada’s legal system.

Holy writer’s cramp, Batman!

uuu Read more

DECEMBER 2018 / BARTALK

29

professionaldevelopment

WEBSITE: CBAPD.ORG \\EMAIL: PD@CBABC.ORG \\

CBABC Professional Development courses are designed to meet the needs of lawyers while still maintaining the opportunity to network and advance one’s career, practice and business. We pride ourselves on bringing courses to lawyers that will provide the required components of professional responsibility and ethics, client care and relations, and practice management components for your Law Society reporting.

Upcoming In-Person Seminars Ethics in Action: Practice & Community – Victoria

What would you do if it was YOU, who was facing an ethical dilemma? Explore Ethics in Action – cases that could impact your practice and beyond!

Join the CBABC and Victoria Bar Association on January 30, 2019 as Dean Lawton, QC and Sarah Klinger lead your discussion of 10 ethical scenarios, asking you to critically think your way through practical questions about each scenario. Working in groups, you will work with your peers in an open environment to discuss relevant ethical codes and conduct applicable to realistic case studies.

Date: January 30, 2019 Location: The Union Club of BC, 805 Gordon Street, Victoria, BC Speakers: Dean Lawton, QC, Carfra Lawton LLP and Sarah Klinger, Law Office of Sarah L. Klinger

Mark your Calendars for 2019!

Please email pd@cbabc.org for more information regarding these and other future programming from CBABC.

Incorporating the Calls to Action in Your Organization’s Business Plan Hosted in partnership with OBA Institute 2019

Discover how you can introduce initiatives in your law firm or organization to contribute meaningfully to reconciliation between Indigenous and non-Indigenous peoples. Our presenters will help you develop an action plan to build cultural awareness, create employment for Indigenous peoples, support the development of Indigenous-owned businesses and advocate for reconciliation efforts.

Save this date to join us to gain a better understanding of Indigenous histories, cultures, laws, legal orders, which are an essential part of representing and working with all members of our communities.

Date: February 6, 2019 Time: 2:15 p.m. - 4:15 p.m. (PST) Location: McCarthy Tetrault, Vancouver

Family Law – Okanagan Section Annual Conference 2019 Plan to attend the annual Family Law – Okanagan Section conference to kick off your 2019 LSBC reporting year with 10 hours of CPD from leading experts on topical issues that are current in the practice of family law. Join us for the renowned Family Law Year in Review. This conference is a must for all Family Law lawyers!

Past participants have commented that such conferences “connected me with local colleagues at the same time as receiving a state of the art update on recent case law, which can be challenging…. The facilities were excellent – food, service, accommodations and value. The materials and presenters were all top drawer and the interplay with the speakers and attendees was also excellent.”

Date: February / March (TBD), 2019 Location: Predator Ridge Resort, Vernon

Immigration Law Annual Conference 2019

Calling on all Immigration lawyers!

The Immigration Law Section will host its 2019 annual conference this year at the Terminal City Club.

Join us for a day of networking and learning in-person or by webinar as this conference will be made widely available for all lawyers from different corners of Canada.

Speaking to the value of the conference, one participant commented that “the panels that dealt specifically with common areas of immigration practice (Express Entry, Global Talent Stream, Employer Compliance, etc.) were of most value and allowed for the sharing of best practices from other firms. Of particular value was the ability to hear from the people on the ‘other side,’ the representatives from IRCC.” Date: March 15, 2019 Location: Terminal City Club, Vancouver

Ethics On-Demand – Catch up on your ethics for free!

Get instant access to 10 one-hour interactive webinars that dive into ethical dilemmas and scenarios that you may face in your practice, showing you how to practice ethically and morally with your clients, students, employees and regulators! uuu CBA members get your free access instantly here!

30

BARTALK / DECEMBER 2018

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TO TO OUR OUR PARTNERS PARTNERS AND AND ATTENDEES ATTENDEES FOR FOR A SUCCESSFUL INAUGURAL A SUCCESSFUL INAUGURAL GALA GALA EVENT! EVENT! SEE SEE YOU YOU NEXT NEXT YEAR! YEAR!

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DECEMBER 2018 / BARTALK

31

barmoves Who’s Moving Where and When

32

Stephen Hedley

Alex Farkas

joined Gowling WLG’s Vancouver office as an associate in their Banking & Finance and Real Estate groups. His practice is primarily focused on banking, real estate and project finance.

joined Clark Wilson LLP as an associate in their Securities group.

Chris Colonval

Bhagwant Dhaliwal

joined Gowling WLG’s Vancouver office as an associate in their Financial Institutions & Services group. He advises on all aspects of debt financing and lending across a variety of industries.

joined Clark Wilson LLP as an associate in their Commercial Real Estate and General Business Law groups.

Leslie Wong

Ethan Plato

joined Clark Wilson LLP as an associate in their Mergers and Acquisitions practice group.

joined Clark Wilson LLP as an associate in their Family Law and Higher Learning groups.

Michael Scott

Laura James

joined Clark Wilson LLP as an associate in their Estates and Trusts group.

joined Clark Wilson LLP as an associate in their General Business Law and Securities groups.

Polly Storey

Vikram Dhir

joined Clark Wilson LLP as an associate in their Family Law and Estates and Trusts groups.

joined Koffman Kalef LLP as partner in the Securities / Corporate Finance and Mergers & Acquisitions group.

BARTALK / DECEMBER 2018

Bar Moves is free for CBABC members, but space is limited and offered on a first-come, first-served basis. Send your 30-word Bar Move and high-res headshot to: bartalk@cbabc.org.

TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1812.

Alex Bayer joined Koffman Kalef LLP as partner in the Securities / Corporate Finance, Mergers & Acquisition and Corporate / Commercial groups.

newmembers September & October 2018 Lawyers

Piers Fibiger

Norton Rose Fulbright Canada LLP Vancouver

Michelle Bradley

Ratcliff & Company LLP North Vancouver

Deanna Froese Harper Grey LLP Vancouver

Tara Cochrane

BC Securities Commission Vancouver

Anita Fung

Thompson Cooper LLP Victoria

Crystal Cook

Sitka Law Group Victoria

Ana Mihajlović joined Aaron Gordon Daykin Nordlinger LLP as an associate.

Ana was called to the BC Bar on January 31, 2018.

James Greville

Kenneth Duke

BC Hydro & Power Authority Vancouver

Fasken Vancouver

Casper Holloway Vancouver

Julia Law

Borden Ladner Gervais LLP Vancouver

Shelby R. Lindley Springfords Kamloops

Aashish Kohli

Norton Rose Fulbright Canada LLP Vancouver

Ivo Martinich Fasken Vancouver

Hyder Zach Masum

BC Securities Commission Vancouver

Betty Nguyen

City of Abbotsford Abbotsford

Roxana Necsulescu

Catherine McGhie

joined Sedai Law Office as a junior immigration lawyer.

Miranda Moore

Cindy Phillips

Houtan Sanandaji

Scott Silver

Victoria

Fasken Vancouver

ROLE Legal Vancouver

Wiebe Wittmann El-Khatib LLP Vancouver

Steve Schwartz

Schwartz & Company Kelowna

Julia Law joined Borden Ladner Gervais as an associate in the Insurance and Tort Liability group.

Maria N. Sokolova Supreme Court of BC Vancouver

Erica Tang

Dick W. Eng Law Corp.

Vancouver

Ashley Thomas

Ministry of Justice Prince Rupert

Sabena Thompson Williams Lake

Brian Man recently became an associate at Hamilton Duncan where he continues to practice in the areas of corporate and commercial law, wills and estates, and real estate development.

Articling Students Gina Addario-Berry Cook Roberts LLP Victoria

Emily Campbell

Norton Rose Fulbright Canada LLP Vancouver

Norton Rose Fulbright Canada LLP Vancouver

Rajesh Soni

Barker & Company Vancouver

Stephanie Tam

Koffman Kalef LLP Vancouver

Jessica Wilson Harper Grey LLP Vancouver

Law Students Farah K. Abbas Kamloops

Medina Abdelkader Victoria

Sonia Abdul Zahir Kamloops

To view all new members, please visit cbabc.org/bt/nm_1812.

DECEMBER 2018 / BARTALK

33

E

Go places. Lots of places.

Go places. Lots of places.

The 2018 GLC 300 4MATIC. Total price starts at $49,165.* As a member of the CBABC, you are entitled to an exclusive offer.

For more details, mbvancouver.ca/corporate-fleet The 2018 GLCvisit 300 4MATIC. Total price starts at $49,165.* As a member of the CBABC, you are entitled to an exclusive offer.

For more details, visit mbvancouver.ca/corporate-fleet

For more information on Special Corporate Sales Offers, call Randall Desbrisay at 604-351-5290 or email randall.desbrisay@mercedes-benz.ca Mercedes-Benz Boundary Mercedes-Benz North Shore Mercedes-Benz Richmond Mercedes me Mercedes-Benz Vancouver 3550 Lougheed Highway, 1375 Marine Drive, 5691 Parkwood Way, Aberdeen Centre, 550 Terminal Avenue, Vancouver | D#6279 North Vancouver | D#6277 Richmond | D#6278 Richmond | D#6278 Vancouver | D#6276 For more information on Special Corporate Sales Offers, call Randall Desbrisay at 604-351-5290 or email randall.desbrisay@mercedes-benz.ca Open Sunday: 12pm – 5pm Open Sunday: 12pm – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 7pm ©2018 Mercedes-Benz Canada Inc. Shown above is the 2018 GLC 300 4MATIC with optional equipment andNorth wheels.

National MSRP startsMercedes-Benz at $45,900. TotalRichmond price starts at $49,165, which includesme freight/PDI of Mercedes-Benz Boundary Mercedes-Benz Shore Mercedes Mercedes-Benz Vancouver $2,595, documentation of $75.Highway, Vehicle options, fees and taxes Vehicle are extra.Way, Dealer may lease or financeAberdeen for less. Offer may change 3550 Lougheed 1375extra.

Marine Drive,license, insurance, and registration 5691 Parkwood Centre, 550 Terminal Avenue, fee of $595, and fuel surcharge without notice.

Visit mbvancouver.ca or your local Mercedes-Benz full details| or call the Mercedes-Benz Vancouver Care at 604-351-5290. Richmond | D#6278 | D#6276 | D#6279Vancouver Retail Group store | D#6278 Vancouver Northfor Vancouver RichmondCustomer Vancouver D#6277 Open Sunday: 12pm – 5pm Open Sunday: 12pm – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 7pm ©2018 Mercedes-Benz Canada Inc. Shown above is the 2018 GLC 300 4MATIC with optional equipment and wheels. National MSRP starts at $45,900. Total price starts at $49,165, which includes freight/PDI of $2,595, documentation fee of $595, and fuel surcharge of $75. Vehicle options, fees and taxes extra. Vehicle license, insurance, and registration are extra. Dealer may lease or finance for less. Offer may change without notice. Visit mbvancouver.ca or your local Mercedes-Benz Vancouver Retail Group store for full details or call the Mercedes-Benz Vancouver Customer Care at 604-351-5290.

2018-01-2905-MB-January-GLC-Class-Sedan-Print_Ad-CBABC.indd 1

2018-01-05 2:14 PM

RETURN REQUESTED TO: The Canadian Bar Association, BC Branch, 10th Floor, 845 Cambie Street, Vancouver, BC V6B 5T3

2018-01-2905-MB-January-GLC-Class-Sedan-Print_Ad-CBABC.indd 1

N DATE

N DATE E DATE

2018-01-2905-MB-January-GLC-Class-Sedan-Print_Ad-CBABC.indd

INTERNAL REVISION

Mercedes-Benz

TRIM

9.25" x 11.75"

CLIENT REVISION

02/16/15

BLEED

9.5" x 20.0"

OPERATOR

FOLD January 4, 2018 3:04 PM 2018-01-2905-MB-January-GLC-Class-Sedan-Print_Ad-CBABC.indd LIVE 01/05/18 TRIM Mercedes-Benz 9.25" x 11.75" SAFE 8.75" x 11.25"

T: 604.417.7865 INTERNAL REVISION E: horsman@123w.ca CLIENT REVISION APPROVALS

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