BarTalk I April/May 1991

NEWSLETTER President's Message OF THE aw Week CANADIAN BAR Lawyer's participatio ASSOCIATION, BO. BRANCH with a few of the highlights of The ninth annual B.C. Law week was a resounding success thanks to the volunteer efforts of thou­ sands of persons including members of the profession, judges, court services staff, students and parents.

APRIL/MAY 1991 VOLUME 3 NUMBER 3

HIGHLIGHTS SECT10NTALK/3

This week-long celebration of the signing of the Canadian Charter has developed into one of the Canadian Bar Association's fin­ est public awareness programs and the public's response contin­ ues to be gratifying. I sincerely extend the Branch's appreciation to co-chairs Sandy Cunningham and Colin Sweeney as well as the local coordinators in 15 other communities who developed the programs offered. The article in this issue of BarTalk provides you

success

our provincial Law Week pro­ gram.

Winter Convention '91 also was an outstanding program, both in the substantive and the social area.

A special thank you is extended to Chair Eric Rice and his hard­ working committee for their ex­ cellent stewardship of this year's convention.

Access to Justice I am concerned that access to justice is getting more expensive.

Two issues have recently surfaced that affect the profession seriously.

Elsewhere in this issue of BarTalk is an article prepared by the B.C. Courthouse Library Society that

CBA President Terry La Liberte welcomes Kim Campbell, Minister of Justice, to Winter Convention '91 reception.

alerts us to copyright concerns.

While both the Branch and the National CBA have made repre­ sentation to the federal govern­ ment for implementation of phase (Please turn to page 2)

LEGISLATIVE UPDATE/5

Law Week activities involve thousands throughout B.C.

COPYRIGHT ALERT/10

Mock trials, displays, presenta­ tions, court house tours and many more activities throughout the province the week of April 14 to 21 provided thousands of mem­

bers of the public with the oppor­ tunity to see first hand many facets of the justice system.

Law Week Co-Chairs Sandy Cunningham and Colin Sweeney WINTER report that activi­ CONVENTION/12 ties in Vancouver and in 15 other provincial com­ munities were RESORT enthusiastically DISCOUNTS/16 received. In Vic­ toria, mock trials featured Winnie the Pooh vs. the Rabbit and the Witch vs. Hansel andGretel. Court­ house tours, dis­ Chris Penty, president of the Kelowna Bar Association, pute resolution congratulates Carmen Brown whose essay was chosen as the and special dis­ provincial and national Law Week essay.

plays were also featured.

Prince George Law Week organ­ izer Judy Jones reports that in addition to appearances in Prince George, "the three bears" made a special trip to the Nazko Reserve to provide their testimony against the infamous Goldilocks.

Vancouver Provincial Court held its second annual open house on April 14 and featured a mock trial with the "three little pigs and the Wolf" - whose case was dismissed. As well, court and cell tours, presentations and dis­ plays were featured.

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Provincial Council supports legal aid job action committee's decision The March 14 Provincial Coun­ cil meeting focused debate on resolutions concerning job ac­ tion proposed by the Legal Aid Action Committee. Council overwhelmingly supported-the resolution to urge the govern­ ment to provide immediate and significant increases in legal aid tariff funding. The second reso­ lution supported the Legal Aid Action Committee in its deci­ sion to advise the Legal Serv­ ices Society that as of April 15, they no longer will accept refer­ rals (except for clients in cus­ tody or where urgent issues are involved) and that counsel will withdraw from cases where ethically permitted except for clients as noted above.

A recent CBA (B.C. Branch) Special Bulletin was mailed to all members outlining the back­ ground of this issue.

Section Activity David Brine reported on the high level of section activity throughout the province and called upon Vina Starr, chair of the newly formed Native Jus­ tice Section, to report. She noted that there are some 130 members in the section and that current activities include study of the Gitskan decision.

Council also approved a resolu­ tion for the Executive of the Branch to draft a by-law amendment that would allow section chairpersons to appoint an alternate representative to attend Provincial Council meet­ ings.

National Legislation and Law Reform Terry Wade, Senior Director of Legislation and Law Reform in Ottawa, reported to Council that Bill C-89 had been intro­ duced into the House of Com­ mons. He noted that the bill has particular impact on lawyer-client confidentiality. (An expanded report of the bill is fea­

tured elsewhere in this edition).

Branch Legislation and Law Reform Ann McLean reported that work had been undertaken with sections to provide comment on the Jury Afct and Worker's Compensation Legislation. Ar­ rangements had been made to review government bills as they are introduced into the current legislative session.

Bonita Thompson, chair of the committee, also reported that a "Guide for Formatting Submis­ sions" has been finalized to bring uniformity to Branch sub­ missions to government. She also noted that a "Law Reform Agenda" that provides a listing of all the Branch's legislation and law reform activities and President's Report (continued) two of the Copyright Act, no action has been taken. I am deeply concerned that if these changes do not occur, the cost of retriev­ ing legal information will impair equal access to justice.

As the article notes, every photo­ copy from a text, newsletter or law report potentially could be infringement of copyright. Un­ less phase two is enacted and makes provisions for exemptions for individual research, we will have to pay a royalty on every page photocopied. Access to justice may be seriously endan­ gered if we are hindered in re­ searching and documenting the daily work we undertake.

Changes in Court Reporting The B.C. Ministry of the Attor­ ney General, Court Services, has informed us that there will be significant changes to the court reporting system commencing in October of this year. While the Bar did provide comment to the Ministry's research study on court reporting, the decisions recently announced have been made with­

tracks their progress has been implemented.

Bencher Report Peter Leask reported that the Law Society was deliberating about interjurisdictional prac­ tice and the appointment of judges.

Council nominee for presiden Provincial Council nominated Wendy Baker to the office of president of the B.C. Branch.

Special Guests Cecilia Johnstone, president of the Canadian Bar Association (Alberta Branch) and Ed Barisa, executive director, National Canadian Bar Association, were in attendance.

out consultation with the Bar. Ir my opinion, we have been wel served by the court reporters ir the province who provide ar excellent service. I believe tha the speed with which these changes to the court reporting system are to be implemented and the preceived cost saving wil create unnecessary problems in our justice system.

Transcript quality is fundamen tal to the administration of jus tice. Any degradation of the offi cal record cannot be tolerated As audio taping is predicated on proper equipment and skilled transcribers, I am most concerned that there is no erosion to this important aspect of the justice system.

While lawyers will have the op tion to request a reporter, this would be at the expense of the client which only serves to in crease the cost of litigation. Un fortunately, we will bear the brunt of the public's outcry for any increase in disbursements.

(Please turn to page 11)

S ectio n Ialk the system which the corpora­ tion will promote: 1.

A source base manage­ m ent capability. Carr em pha­ sized the desire to discourage the production of waste in the first place. He also emphasized the issues of safety and security at the production site.

Shelley Bentley

New B.C. Hazardous Waste M anagem ent Corp. to implem ent com prehensive system to manage toxic and hazardous waste Alan Carr, CEO for the British Columbia Hazardous Waste M anagement Corporation, spoke to Environmental Law Section members about the new British Columbia Hazardous Waste Management Corpora­ tion which came into existence by legislation proclaimed on Aug. 1,1990.

The legislative mandate of the corporation is unique in that it establishes a crown corporation with a mandate not only to im­ plement hazardous waste dis­ posal facilities but also to im ­ plement a comprehensive system to manage toxic and hazardous waste.

The Corporation hopes to em ­ phasize both the private and public sectors. Since there is no single solution for the manage­ ment of hazardous waste, Mr. Carr noted that many solutions can be implemented by the pri­ vate sector with the govern­ m ent's encouragement and in­ formation.

Carr noted three elements of

2.

A collection and storage of hazardous waste infrastruc­ ture.

3.

The treatm ent and dis­ posal of hazardous waste.

The corporation has a hierarchy of management options. The options are ranked from top priority to matters of least pri­ ority: 1.

Hazardous waste reduc­ tion.

2.

Hazardous waste recy­ cling.

3.

Chemical/physical/bio­ logical treatment (pre-disposal).

4.

Incineration.

5.

Solidification/stabilization.

6.

Land disposal.

The problems that businesses in the hazardous waste market­ place encounter were also dis­ cussed. Since this market is ruled by regulations which could change at any time, the business risks are substantial.

The concern respecting long term liability often leads to fi­ nancial institutions refusing to get involved in hazardous waste businesses.

The priority of the Corporation is the management of waste at the source. There are six areas of focus which the Corporation has defined": 1.

Increased regulatory action by the minister (the corporation is not a regulatory authority).

2.

Provision for technical as­

sistance to waste generators.

3.

Research supporting waste reduction and recycling.

4.

Joint ventures with the pri­ vate sector in the new technolo­ gies.

5.

Education and awareness programs for business and the public.

6.

Investment by the corpora­ tion in specialized technology for treatment at the source.

The corporation has offices in Victoria (telephone 384-5342) and in Vancouver (telephone 660-1177). Businesses may con­ tact Bob Ferguson, Vice Presi­ dent of Technical Services, for consultation.

Case illustrates importance of making will after separation or divorce In the case, of Leach v. Egar and Public Trustee, 1990,46 B.C.L.R. (2d) 158 (B.C.C.A.), the appel­ lant, Mrs. Egar, was divorced from her husband for one year prior to taking a trip to the Car­ ibbean with their children.

During Mrs. Egar's trip to the Caribbean with the children, all three were lost at sea and they were declared dead under the Survivorship and Presumption of Death Act, R.S.B.C. 1979, c.398.

Neither Mrs. Egar nor either of the children had made a will.

Pursuant to section 2(1) of the Survivorship and Presumption of Death Act, Mrs. Egar as the old­ est was considered to have died first. Under the provisions of the Estate Administration Act, R.S.B.C. 1979, c.114, Mrs. Egar's estate passed to her children and the children's estates in turn passed to their father, Mrs. Egar's former husband.

4

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SectionTalk (continued) Mrs. Egar's mother, Mrs. Leach, brought a proceeding for a dec­ laration that effect should not be given to the presumption contained in section 2(1) of the Survivorship and Presumption of Death Act in the circumstances.

The argument of Mrs. Leach was that having the former hus­ band benefit and receive Mrs. Egar's estate through their chil­ dren was a result contrary to public policy. Mrs. Leach's claim was dismissed at trial and, also, on appeal to the B.C.C.A. In her case comment to the Wills and Trust Section, Kath­ leen Higgens noted that this de­ cision will be important to fam­ ily practitioners who as part of the matrimonial settlement should make a will absolutely mandatory. This result could have been prevented if Mrs. Egar had died with a properly drawn will.

Justice Rowles speaks on effective use of pre-trial conferences in family proceedings The Honourable Madam Justice Rowles began her presentation to the Victoria Family Law Sec­ tion by pointing out that pre­ trials and mini-trials are not new procedures.

The effect of the September 1990 amendments to the Su­ preme Court Rules was to ex­ pand the existing Pre-Trial Con­ ference Rule and within that Rule make express provision for mini-trials and settlement conferences. a)

M ini-trials

With respect to mini-trials, Jus­ tice Rowles emphasized the status of the judge's opinion on a mini-trial as a "nonbinding

opinion on the probable out­ come of a trial of the proceed­ ing." While it is her practice to prepare a memo of her opinion, she directs the clerk that it is not to be circulated or placed on file. Counsel on the mini­ trial are given a copy.

Mini-trials are held in court as opposed to the judge's cham­ bers and the parties may be present. In practice although the rule indicates that no wit­ nesses are to be heard, in some circumstances the evidence of a witness has been considered.

A mini-trial should be opened by plaintiff's counsel outlining the issues arising in the case to­ gether with a brief statement of the evidence the plaintiff's counsel expects would be pre­ sented if the case proceeded to trial, followed by a responding statement from defendant's counsel.

Counsel may request a pre-trial conference by letter addressed to the trial coordinator setting out the reason for the request and an estimate of the time re­ quired for the conference. In setting out the reason for the request, counsel should sum­ marize the legal issues.

It should be kept in mind that counsel's request is subject to administration approval. For that approval to be given there must at minimum be the agree­ ment of both counsel to partici­ pate in the requested process as affording a prospect of resolv­ ing the case.

Justice Rowles observed that generally the court has not or­ dered mini-trials, this is par­ ticularly true in family law cases. b)

Settlem ent Conferences

Justice Rowles commented that it is also open to counsel to re­ quest a settlement conference.

It is preferable if not crucial tha both counsel agree that it is a worthwhile endeavour. One situation where a settlement conference may be useful is tha of the resistant client.

Counsel can ask that clients be present. In effect, this gives the judge an opportunity to speak to the clients and to disabuse them of unrealistic expectations about the nature and purpose of trial.

Counsel can speak with candor at a settlement conference ob­ taining the judge's perspective on the "mushy areas" of the case. In Justice Rowles' obser­ vation, defining a common range for settlement is not the chief barrier to actual settle­ ment in many cases. Often a skillful judge can contribute to the settlement process by out­ lining alternative settlement structures.

In preparing for a settlement conference in family matters, counsel should prepare and provide to other counsel and the judge at the conference a Scott Schedule. After the pre­ trial conference, a report form completed by the judge on the conference should be prepared.

The purpose of the form is to assist in the determination of counsel's readiness to proceed to trial and to identify the is­ sues arising in the case.

The Honourable Madam Justice Rowles indicated that she sometimes prepares a written memorandum on the case con­ ference which she directs to the Chief Judge, Trial Coordinator and counsel. This memoran­ dum does not indicate her views on the outcome of a trial of the case.

LBjBLATWEUPtKTE You will see a reference to the number of the Bill (First Reading Bill Number) when it was 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 upon. Lawyers should refer to the specific legislative or regulatory provision.

Ann McLean

Acts in Force B ritish C olu m bia H ealth R esearch Foundation A ct, S.B.C. 1990, c.16 continues the British Co­ lumbia Health Care Research Foundation as the British Columbia Health Research Foundation with the mandate to assist and collaborate with persons and organizations conducting research in the health field. in fo r c e M arch 12,1991

F orest A m endm ent A ct (No.3) 1990, S.B.C. 1990, c.47 amends the Forest Act, R.S.B.C. 1979 c.140 by adding s.25.1 providing for the extension of the term of a timber license where the regional man­ ager considers that forest management would be improved by doing so. section 1 o f th e A ct in fo r c e M arch 12,1991

C arm anah P acific P a rk Act, S.B.C. 1990, c.36 es­ tablishes Carmanah Pacific Park and deletes any land within the park boundaries from the appli­ cable tree farm license and timber license. The Carmanah Valley Forest Management Area and Advisory Committee are established. The com­ mittee is to advise the Minister of Forests respect­ ing management and harvesting of the forest re­ source and the Minister may amend any license, permit, management and working plan or au­ thorization issued under the Forest Act in this area. in fo r c e M arch 14, 1991

H ealth P rofession s A ct, S.B.C. 1990, c.50 estab­ lishes the Health Professions Council which will consider applications by health profession asso­ ciations for designation of a health profession under the Act or will investigate a health profes­ sion with a view to designation at the request of the Minister. Where a health profession has been designated, a college is established to regulate the practice of the health profession and the Lieu­ tenant Governor in Council may pass suitable regulations. Inquiries into compliance with the

regulations by registrants of the college may be conducted by an inspector and disciplinary pro­ ceedings may follow. The Act also contains pro­ visions allowing corporations to provide services in a designated health profession in certain areas. in fo r c e M arch 14,1991

Statutes R ep eal Act, 1989, S.B.C. 1989, c.14, pro­ vides that the Provincial Rapid Transit Subsidy Act, S.B.C. 1972, c.50 and the Transit Services Act, S.B.C. 1974, c.97 are repealed. section 1(d) an d (g) o f the A ct in fo r c e M arch 14, 1991

C om pensation Fairness Act, S.B.C. 1991, c.l, First Reading Bill Number 82, establishes the office of Compensation Fairness Commissioner to admini­ ster the compensation fairness guidelines issued by the Executive Council and compensation regulations prescribed by the Lieutenant Gover­ nor in Council. The Bill applies to employees of government, crown corporations, municipalities, school boards, universities, colleges, community care facilities, hospitals, library boards and oth­ ers. The guidelines and regulations will specify situations where compensation levels may be re­ duced or when increases may be limited or pro­ hibited; as well as other associated matters. The Commissioner may appoint a mediator to pro­ vide mediation or fact finding services in connec­ tion with establishing levels of compensation.

Compensation plans must be based on the public sector employers' ability to pay. An order of the Commissioner limiting or prohibiting increases or reducing compensation is final and binding.

The Bill is retroactive to January 30,1991, and re­ peals the Compensation Stabilization Act, S.B.C. 1982, c.32, the Compensation Stabilization Amend­ ment Act, 1986, S.B.C. 1986, c.4 and the Public Sec­ tor Collective Bargaining Disclosure Act, S.B.C. 1990, c.66 in fo r c e M arch 22,1991

6

Legislative Update (continued) E m ploym en t Standards A m endm ent Act, 1991, S.B.C. 1991, c.3, First Reading Bill Number 85, amends the Employment Standards Act, S.B.C. 1980, c.10 by revising and extending the provi­ sions relating to maternity leave. A pregnant employee is entitled to 18 weeks leave without pay commencing 11 weeks before the estimated birth of her child on giving 4 weeks prior notice.

The Bill provides for parental leave which is available as additional leave for birth mothers and is also available to fathers and adoptive par­ ents, with a maximum of 12 weeks. A further leave with a maximum of 5 weeks is available in special cases. The combined maternity, parental and special leaves cannot exceed 32 weeks. in fo r c e M arch 22, 1991

T axpayer P rotection A ct, S.B.C. 1991, c.6, First Reading Bill Number 92, freezes tax rates under certain specified acts from January 30,1991 to March 31,1994, and prohibits the introduction of new taxes during that period. The Bill provides that each year an economic forecast for the fol­ lowing 5 years is to be prepared in which forecast expenses must not exceed forecast revenues, and increases in forecast expenditures must not ex­ ceed the forecast rate of economic growth. The Budget Stabilization Fund is dissolved. in fo r c e M arch 22,1991

Agriculture P rotection Act, S.B.C. 1989, c.19 pro­ vides that a person who intends to bring an ac­ tion in nuisance arising from certain agricultural operations must give the defendant written no­ tice of the intended action at least 90 days before­ hand, setting out the grounds and the nature and extent of relief claimed, unless the court other­ wise provides. The Act also provides that it is a defence to an action in nuisance that an agricul­ tural operation is conducted in accordance with generally accepted farming practice and in con­ formity with the laws specified. in fo r c e M arch 28,1991

F o o d C hoice and D isclosure A ct, S.B.C. 1989, c.66 provides that the Lieutenant Governor in Council may establish programs to enable persons in­ volved in the production, packaging or sale of food products to become certified as meeting prescribed standards and prohibiting persons who are not so certified from using packaging which indicates certification has been granted. in fo r c e M arch 28,1991

F ood Products Standards Act, S.B.C. 1990, c.44 provides that the Lieutenant Governor in Council may designate a certain kind or class of food which must comply in British Columbia with the Food and Drugs Act (Canada) and regulations.

The Lieutenant Governor in Council may also es tablish requirements for food which is not de­ scribed in the Food and Drugs Act (Canada) or es­ tablish stricter requirements where requirement: have been established therein. in fo r c e M arch 2 8 ,19i

L ottery C orporation Act, S.B.C. 1985, c.50 contin ues the British Columbia Lottery Corporation and sets out its objects and management. s ec tio n s 1 to 11 in fo r c e A pril 1,199

Jo b P rotection Act, S.B.C. 1991, c.4, First Reading Bill Number 83, establishes the office of Job Pro­ tection Commissioner who will create economic assistance plans in respect of qualifying busi­ nesses, including reduction of fees, royalties and similar payments payable by the business and special grants of regulatory concessions. Regula­ tory concessions include a) treating a business as a small business and an eligible investment under the Small Business Venture Capital Act, and b) treating a business enterprise as a corpo­ ration that meets the criteria of s.3 of the Employee Investment Act, thereby allowing it to apply to have an employee share owner­ ship plan registered under the Act. An agreement entered into establishing an eco­ nomic plan may provide for the grant of a timber concession without competition or public hearing where they would be other­ wise applicable. The Bill comes into force by regulation and will be in effect for 2 years following the coming into force of s.2.

The Bill contains consequential amend­ ments to a) Employment Standards Act, S.B.C. 1980, c.10 requiring written notice of termination of employment of 50 or more employees at a single location within any 2 month period, (with a few exceptions) and providing for the establishment of an employee - em­ ployer adjustment committee to attempt to eliminate the need for layoffs, and b) Forest Act, R.S.B.C. 1979, c.140 accommo­ dating regulatory concessions under the Bill and providing for a reduction of the annual volume of timber which may be cut after a mill closure. in fo r c e A pril 12,1991

M iscellan eou s Statu tes A m endm ent A ct (No.2), 1990, S.B.C. 1990, c.58 amends the Highway Act, R.S.B.C. 1979, c.167 by

7

Legislative Update (continued) a) making it an offence to hinder the con­ struction, keeping open or maintenance of a highway pursuant to s.8, and b) repealing the general offence provisions contained in s.16 and 24(2). section s 10 an d 11 in fo r c e A pril 12,1991

S o lic ito r G eneral Statu tes A m endm ent Act, 1990, S.B.C. 1990, c.71 amends the Motor Vehicle Act, R.S.B.C. 1979, c.288 by adding s.45.3(l) allowing the superintendent to establish a program for the certification of motor vehicle compliance with air pollution emission standards established by regulation. th a t p o rtio n o f s.5 w h ic h en a cts s.45.3(l) o f th e M o to r Vehicle A ct in fo r c e A pril 12,1991

Energy E fficien cy A ct, S.B.C. 1990, c.40 prohibits the manufacture, offer for sale, sale, lease or other disposition of an energy using device un­ less it meets the prescribed efficiency standard and carries a prescribed label. in fo r c e M ay 1,1991

Regulations To Note B on din g A ct, B.C. Reg. 48/91 adds the Motor Dealer Act, R.S.B.C. 1979, c.287 to the list of Acts to which the Bonding Act R.S.B.C. 1979, c.31 ap­ plies. e ffec tiv e F ebruary 21,1991

R esid en tial Tenancy A ct, B.C. Reg. 26/81, the Residential Tenancy Regulation is amended as to Appendix B, the form of termination notice to tenant, by adding information of interest to the parties and as to Appendix C, the form for appli­ cation to designate an arbitrator, as to its format. e ffec tiv e M arch 5,1991

M otor Carrier Act, B.C. Reg. 62/91, the Inspec­ tors' Powers Regulation authorizes Motor Carrier Inspectors to exercise the powers of a constable or peace officer in enforcing the provisions of the Motor Carrier Act and regulations.

description of the consumer goods. b) providing clarifications of the following terms used in the PPSA and the regulations: "personal property", "present and after ac­ quired property", and "a security agree­ ment that provides for a security interest in consumer goods", c) as to s.130 by requiring the filing of an af­ fidavit setting out the current names and addresses of all secured parties when a no­ tice is given to the registrar under s.50(5) of the PPSA for the discharge or amendment of security in certain cases, d) as to Schedule 3, amending the abbrevia­ tions to be used, e) as to Schedule 4, amending the number of characters allowed for forms and screens, f) as to Form 16, Notice of Security Interest in Fixtures or Growing Crops, by adding the option to elect to make an infinite regis­ tration, and g) as to form 17, Notice Affecting Notice of a Security Interest in Fixtures on Growing Crops, by adding a place for signature by a witness. e ffec tiv e M arch 12,1991

F inancial Institutions Act, B.C. Reg. 84/91, the Insurance Company Motor Vehicle Liability In­ surance Regulation is made dealing with actions arising out of an automobile accident where the action is brought in British Columbia and the automobile insurance contract was made outside of British Columbia or where the action is brought outside British Columbia and the auto­ mobile insurance contract was made inside Brit­ ish Columbia, requiring that the insurer appear, not set up certain defences and satisfy any final judgement up to described limits. e ffec tiv e M arch 22,1991

Introductory Bills

e ffec tiv e M arch 6,1991

P erson al P roperty Security Act, R epairers Lien Act, B.C. Reg. 279/90, the Personal Property Se­ curity Regulation is amended by a) providing a definition of the word "kind" in the PPSA and the regulation, being a description as goods, securities, in­ struments, documents of title, chattel paper, intangibles, money, crops or licenses and in the case of excluded property, includes a

C onstitutional Amendm ent A pproval Act, First Reading Bill Number 81, provides that the gov­ ernment shall not introduce a motion for a reso­ lution of the Legislative Assembly outlining an amendment to the Constitution of Canada unless a referendum on the matter has first been con­ ducted pursuant to the Referendum Act. fir s t readin g M arch 12, 1991; third readin g M arch 19,1991

Legislative Update (continued) British Colum bia Retirem ent Savings Plan Act, Bill Number 86, introduced as an exposure bill only, provides for the establishment of a defined retirement savings plan for British Columbians.

The plan is administered by a board of governors and the fund consists of money paid in on behalf of plan members and money transferred from the Privatization Benefits Fund. The Government may make contributions to the plan on behalf of some parents who qualify. Retiring members re­ ceive a life annuity. introduced as an exposure b ill M arch 21,1991

Pension Benefits Standards Act, First Reading Bill Number 89 has been amended since it was introduced for comment as Bill 44 in July 1990.

The Bill's main objectives are to ensure that: a) employees receive full information about their interests in the employee plan;

b) when a vested employee changes em­ ployment, certain of his benefits remain to I his credit or follow him; c) the plan remains solvent, and; d) there is a proper distribution of assets oil winding up of the plan.

The Bill provides for: a) vesting after 5 years of continuous serv- I ice, changing to 2 years of plan membership on January 1,1998; b) a minimum employer contribution of 50, per cent, and; c) minimum survivor benefits.

The Bill contemplates reciprocal registration and ] enforcement with other Canadian provinces hav­ ing similar legislation. fir s t reading M arch 21,1991; d ied on the order p a p e l

Government Reports The Legislation and Law Reform Committee has received copies of the following reports from the British Columbia government. Information may be obtained from Ann McLean, the Branch's Legisla­ tion and Law Reform Officer, in Victoria (721-8157), or from the applicable agency or ministry.

Report

Responsible Ministry or Agency

Heritage Legislation: a White Paper for Public Review

Municipal Affairs, Recreation and Culture (Bill Huot 387-2262)

Recommendations for Law Reform to Enhance Public Access to Outdoor Recreation

Outdoor Recreation Council of B.C. (Liz Osborn 737-3058)

Mental Health Act Review - Issues and Options Paper

Health (Richard Ritter 387-3806)

New Directions for Regulating Contaminated Sites

Environment (Lloyd Johansson 356-8386)

National legislation and law reform priority of CBA Legislation and law reform activities are an impor­ tant function of the National CBA office on behalf of the entire profession. The Legislation and Law Reform department of the national CBA office is directed by Terence Wade.

I Coordinating CBA submissions to royal commis­ sions and task forces; and

This department provides a multitude of services at the national and branch levels.

Wade's department is responsible for the CBA resolutions process, supporting the Resolutions Committee and attempting to implement resolu­ tions through its government contacts. The na­ tional Legislation and Law Reform Department provides information and advice to the national executive on legislation, law reform and legal is­ sues of interest to the CBA. It also provides infor­ mation to the general membership of the CBA through publication of the Legislation and Law Re­ form Agenda and Ottawa Report.

These services include: I Tracking federal government bills from the policy development stage until completion of the parlia­ mentary process; l Assisting the national and provincial branch sections to provide input into the development of legislation;

I Working with special CBA committees on major I projects.

9

Law Week (continued from page 1)

Williams Lake students rehearse mock trial during full day workshop. Special presentations were given by Robert Gillen, Regional Crown Counsel and Gillian Boothroyd.

Gillen was Crown Counsel in the Evan's jury trial and Boothroyd worked on Evan's defence case. They provided students with their perceptions of the case, answered questions and entered into a lively debate.

Featured in the photo are (left to right) Leanne McDonald (playing role of the psychiatrist); Bob Gillen; Kerry Murphy (playing role of Crown Counsel); Judge C. Barnett; Jill Knapp (playing role of defence counsel); Gillian Boothroyd.

Photo courtesy of Williams Lake Tribune

In Williams Lake, organizers San­ dra Hawkins and Judge C. Bar­ nett again provided an outstand­ ing program featuring the mock trial R. v. Travis Mitchell (based on the trial of Wesley Evans).

The jury for the mock trial brought in a not guilty verdict one week before the Supreme Court over­ turned Evan's guilty verdict.

Sandra Hawkins was quoted in the Williams Lake Tribune and said, "One of the best things (the students) learn is that the judges and the lawyers in our commu­ nity are real people who care about kids."

The Vancouver Law Courts Open House on April 21 was officially opened by Kim Campbell, Minis­ ter of Justice and Attorney Gen­ eral of Canada. Proclamations were read by provincial Attor­ ney General Russell Fraser and Deputy Mayor of Vancouver Don Bellamy. CBA (B.C. Branch) presi­ dent Terry La Liberte also was on hand to officially welcome the public.

A special Citizenship Ceremony, mock trials, tours in ten different languages as well as special tours for seniors and the physically chal­ lenged were offered.

The presentations featured careers in the justice system, a panel on Canada in the Year 2000, chal­ lenges for later life/ wills, gun laws, environment and the law, youth gangs and student mediation.

The provincial essay contest win­ ner was Carmen Brown of Kelowna. Her essay was subse­ quently chosen as the national winner and Carmen was flown to Ottawa to receive a special presentation.

Pardeep Purewal of Pitt Mead­ ows Secondary School was se­ lected from among nine provin­ cial regional finalists to receive the Barry Sullivan Law Cup for Public Speaking.

A special thank you is extended to the Law Week Committee, lo­ cal Law Week organizers and the hundreds of volunteers who as­ sisted to make Law Week '91 a resounding success.

Pardeep Purewal of Pitt Meadows Secondary School was selectedfrom among nine provincial regional finalists to receive the Barry Sullivan Law Cup for Public Speaking, presented by Dawne Sullivan.

The public speaking finals were held at the Vancouver Law Courts on April 17, 1991.

The Vancouver Law Courts Open House featured a special citizenship ceremony with Citizenship Judge Kate Schellenberg (centre). Other officials in the ceremony included (right to left) Vancouver Deputy Mayor Don Bellamy, CBA (B.C. Branch) President Terry La Liberte, R.C.M.P Staff Sergeant Ron Boothman, Minister of Justice Kim Campbell, B.C. Attorney General Russell Fraser, and Regional Manager, Citizenship and Promotion Services, Kelly Ip.

10

Copyright Alert Did you know that when you photocopy a precedent for your practice or a decision to do an opinion letter or to take to court you may be breaking the law?

You could be sued for copy­ right infringement every time you photocopy a page from a text, newsletter or law report.

Current copyright law strongly supports the creator's position but lacks any concrete protec­ tion for individual research needs, including those of law­ yers.

The present Copyright Act, R.S.C. 1985, c.42, was amended by "phase one" legislation, "An Act to Amend the Copyright Act and to Amend Other Acts in Consequence Thereof, R.S.C. 1985 (4th Supp.), c.10," which was introduced in 1987 and was entirely in force by February 1, 1989. "Phase one" amendments dealt only with the rights of creators but the government as­ sures that "phase two" will en­ sure some user protection.

However, there is no real assur­ ance that "phase two" will be introduced soon, nor that it will include any true user protec­ tion.

Because the current law pro­

vides no exemptions for the use of library materials in the course of legal research, the le­ gal profession is in a very un­ certain position. The B.C. Courthouse Library Society has for the past year been lobbying the Canadian Bar Association and the Federation of Law So­ cieties on this issue. As well, the Society has written to the Minister of Justice because of the implications for equal ac­ cess to justice.

The Provincial Council of the B.C. Branch passed the follow­ ing resolution in December 1989: Be it resolved that the Provincial Council o f the B.C. Branch o f the Canadian Bar Association requests the National Executive Committee o f the Canadian Bar Association to urge the Government o f Canada to proceed immediately with the in­ troduction o f Phase II o f the Copy­ right A ct in order to provide spe­ cial exemption for law libraries.

This resolution was presented at the 1990 national winter meeting but it was opposed by the National Chairperson of the Intellectual Property Section be­ cause of the section's original position supporting the needs

UBC students sweep moots UBC has been judged the best among Canadian law schools at a national moot competition in Toronto.

The winning arguments at this year's Gale Moot were pre­ sented by Mary Ainslie, Jason Koshman, Alanna Lee and Lisa Martz.

Other provincial and regional awards have also been won by UBC. David Wotherspoon, Dan Redekopp and Dyan Davi­ son were judged the best team in a client counselling competi­ tion held in Portland, Oregon.

The UBC trio will now repre­ sent Canada at a client competi­

tion in London, England.

UBC also prevailed over UVic for the eight consecutive year in the universities' annual moot.

This year's recipients of the Begbie Trophy, donated by the Supreme Court Judges of B.C., were Dana Young, Sydney Pilley, Chris Cosgriffe, Leslie Palleson, Sharon Matthews, Bruce Elwood, Derek McLaughlan and Simon Wells.

Also, for the second year in a row, UBC won the Western Canada Moot which tests stu­ dents' knowledge of criminal law. Rob Scott and Susan Van der Flier were the UBC repre­ sentatives.

of creators. The following mo-1 tion was passed at the 1990 London meeting: Be it resolved that The Canadian Bar Association urge the Government o f Canada to proceed immediately with the introduction of Phase II o f the C opyright A ct to provide special exemption for law libraries.

I I 1 | I

Because "phase two" amend­ ments which were first slated I for the fall of 1988 and then for I the fall of 1989 have yet to ma- 1 terialize, members of the Board! of Directors of the B.C. Court- 1 house Library Society will be contacting the B.C. Branch sub-1 sections urging members to pressure the national CBA of­ fice to work on their behalf on this issue.

If phase two amendments do not make provision for exemp­ tions for individual research, every Canadian lawyer, barris- ] ter or solicitor, will have to pay a royalty on every page photo­ copied or face charges of copy­ right infringement. This applies not only to copying of materials in a courthouse or academic li­ brary but also to copying from a law report or text in a small law firm office.

Counsel Network moves to new location The Counsel Network is pleased to announce that it has relocated to new office prem­ ises effective April 15,1991.

The Counsel Network provides a complete range of legal re­ cruiting services including tem­ porary or locum placements.

The Counsel Network is en­ dorsed by the CBA (B.C. Branch) Member Services Com­ mittee.

You can call or visit the Counsel Network in their new office at 1400 Commerce Place, 400 Burrard Street, Vancouver V6C 3G2, Tel: 643-1755 FAX: 643-

11

Bill C-89 — Confidence in question If you are not concerned about Bill C-89, you should be. De­ spite its title, Proceeds of Crime (Money Laundering) Act, the bill, if enacted, would have far more impact upon commercial and conveyancing practices than upon the criminal bar.

The Bill's three elements in­ clude: 1) Minister of Finance may by regulation designate financial institutions and professions to which the Bill will apply; 2) Minister may make regula­ tions prescribing financial rec­ ords to be kept by those to whom the Bill applies; 3) $500,000 fine and five year's imprisonment for breach of regulations.

Under the draft regulations, the Bill will apply to lawyers.

The CBA is vigorously opposed to the Bill. First, it creates a massive criminal offence, all the elements of which are defined by regulation. More impor­ tantly, it seriously undermines lawyer-client privilege and con­ fidentiality. You will be re­ quired to record the name, ad­ dress, occupation and business, not only of clients from whom $10,000 is received, but also of persons on whose behalf the client is acting. You will also be required to verify the accuracy of the information supplied by the client, failing which you ex­ pose yourself to a half million dollar fine and five years in prison.

Following sustained lobbying, the CBA was able to prevent "fast tracking" of the Bill.

As a result, Bill C-89 will proba­ bly not be dealt with in the present parliament, since there will not be time for debate and committee study before the ex­ pected prorogation. In light of the government's international

commitments, the Bill will probably be reintroduced in the next parliament. CBA and all its members must be prepared to champion our democratic and legal tradition of an inde­ pendent profession, firmly sup­ ported by the fundamental principle of lawyer-client confi­ dentiality.

There may be worse to come.

Anyone who thinks that we

have seen the end of govern­ ments that require their citizens to inform on fellow citizens un­ der threat of criminal sanction, should think again. Considera­ tion is presently being given to a proposal that would require lawyers and others to report "suspicious transactions." Fail­ ure to do so would be an of­ fence.

Excerpted from The N ation al (Vol. 18 No. 3) April 1991.

President's Report (continued) I would be interested in hearing from you about either of these issues as I intend to bring them forward to Provincial Council.

Legal Aid I have met on several occasions with Attorney General Russell Fraser as a member of the Joint Legal Aid Liaison Committee. We continue to press the government for additional legal aid funding.

Judicial decisions and the media I have had the opportunity re­ cently to provide the media with comment regarding the Justice Hood decision. Unfortunately, some media reports did not dis­ cuss the process of law but rather focused on an aspect of the deci­ sion, which taken out of context, inflamed the public's perception of the issue.

I firmly believe that the Bar must continue to speak out for a strong and independent judiciary. And, we must be vigilant and educate

Statistics Canada counts every­ one in the country on June 4,19.91.

Census

the media to ensure that such inflammatory reporting does not occur. The Bar has the responsi­ bility to explain the issue to the public and to provide a balanced perspective while respecting the decisions made by the judiciary.

CBA (B.C. Branch) Annual Meeting The annual meeting of the Branch will be held on June 21 at which time those successful in election to Provincial Council are an­ nounced. You will soon receive your election ballot. I urge you to consider carefully the nomina­ tions received for your county and to return your ballot as soon as possible. The elected mem­ bers of Council provide our asso­ ciation with a means to ensure that all regions of the province can bring their concerns to us. A strong and relevant organization for all members is enhanced by participation.

Terry La Liberte, President

the basis of transfer payments to the provinces for health care, education, and Day social services.

In addition to the June 4,1991 valuable demo­ graphic data pro­ duced from the Census, population counts form

Encourage all staff to par­ ticipate in the 1991 Cen­ sus on June 4.

12

Winter Convention '91 While U.S. lawyers spend only 1.1 per cent of their budgets on marketing/ promotion/adver­ tising, accountants and brokers spend triple that amount.

He also noted that major corpo­ rations and institutions are internalizing legal functions.

The marketplace is more so­ phisticated and is able to dis­ cern differences in quality of le­ gal services. As well, there is a definite trend towards transac­ tional relationships with law firms.

Winter Convention '91 Chair Eric Rice welcomes delegates at the registration

Two days of concurrent sessions featuring some 35 speakers/ panelists provided Winter Con­ vention '91 delegates with prac­ tical and thought-provoking in­ formation for their practice.

Getting to the M illennium - the challenge o f change and practicing in the 90s was the theme kicked off by keynote speaker Ward Bower, a noted management and marketing consultant.

Bower noted that the "profit squeeze" is worsening as a re­ sult of more lawyers, price competition, mergers, less client loyalty and higher expenses.

Solutions to some of these prob­ lems and trends to assure the success of a law firm were for­ warded by Bower. These in­ clude:

I Employ professional admini trative staff; I Centralize follow-up oh ac­ counts receivable and establisl controls over fee discounting.

Reduce support staff ratios, plan office space to enhance workflow and establish systen and maximize reimbursement of client expenses; I Invest profits into the future of the firm, i.e., substitute capi­ tal for labour to improve pro­ ductivity; and I Establish mandatory retire­ ment policies and induce re­ sponsible retirement planning

I Improve the quality of your service by examining your "product, responsiveness and communication;" I Improve your "leverage" by recruiting and hiring more and better associates, raise partner­ ship criteria and consider classes of partners; I Intensify your training of young lawyers to shorten learn­ ing curves, re-allocate work loads to even out work and avoid hoarding;

Wayne Chapman, National CBA President, (right) receives a local native carving from Branch President Terry La Liberte at Winter Convention '91 Karaoke Evening.

One of the young traditional Japanese dance performers awaiting her cue. Special, thank you to the Consul of Japan for sponsoring the Friday evening entertainment at Winter Convention '91.

I Focus specialization on spe- ! cific industries rather than "spe­ cialties."

Other substantive sessions in­ cluded information on commercial and corporate law, computers, plain language, financial planning, wills practice, criminal ethics and stress manage- § ment.

(Please turn to page 13)

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13

Winter Convention '91

(continued) man, James Miller, Gayle Myers, Felicia Folk, Craig Goe­ bel, John McIntyre, Catherine Moul, John Waddell. Robert Smethurst, Vicki Streeter and Larry Hnetka. Special thank you to the CBA staff who pro­ vided a great deal of adminis­ trative and registration support.

Joe Gordon (left) of Westbank receives a trip for two to San Francisco, courtesy of Uniglobe Advance Travel, from CBA (B.C. Branch) Executive Director Robert Smethurst.

W inter Convention '91 Papers available!

Fifteen papers prepared by various speakers at the Winter Convention '91 are now avail­ able. The papers and special binder are available for $100 (plus GST). An order form is included with this issue of Bar­ Talk.

Convention '91 Committee chaired by Eric Rice for their diligent work in planning, or­ ganizing and managing the con­ vention. Committee members included: Peter Fairey, Ron Friesen, Ravi Hira, Jack Huber-

Winter Convention sponsors included Uniglobe Advance Travel (trip for two); National Trust (binder sponsors); Benwell-Atkins (brochure print­ ing); Western Pacific Purchas­ ing Ltd. (delegate's registration packages); Vancouver Bar As­ sociation; Continuing Legal Education Society of B.C.; Law Society of B.C.; and Canadian Bar Insurance Association.

Over 26 other firms and busi­ nesses again provided gifts and prizes for delegates attending the convention.

Social Programs/Guest Pro­ grams: The Committee grate­ fully acknowledges the Japa­ nese Consul for attending and sponsoring the traditional Japa­ nese entertainment at the Fri­ day evening Karaoke Night.

The First Annual Black and White Ball was such a success that the Committee suggests you begin planning for next year's Second Annual event!

Special thanks to: The Winter

Kim Campbell, Minister of Justice, speaks to Winter Convention '91 Committee members Jack Huberman, Executive Director, CLE and Peter Fairey, McCarthy Tetrault, at the Thursday evening reception.

Smith named new Dean of Law at UBC Lynn Smith has been appointed the new dean of the Faculty of Law at the University of British Columbia.

Smith begins a six-year term July 1, ten years after her first appointment at UBC as associ­ ate professor. She replaces Pe­ ter Burns, who has headed the

faculty since 1982.

Smith's major-scholarly work has been in the areas of equality and human rights, civil litiga­ tion and evidence.

Smith's activities within the profession include serving as former chair of the National

CBA Committee on Equality Rights. She is currently presi dent of the Women's Legal Education and Action Fund.

14

Court reporting changes announced Program changes which combine the advantages of court report­ ing and the clerk recorder pro­ gram have been announced. It is anticipated that program changes will be implemented by the Min­ istry of the Attorney General, Court Services Branch commenc­ ing October 1991.

Major program components will include: I Court reporters will continue to report all Supreme Court crimi­ nal trials; I Supreme Court civil trials will

be audio recorded at the govern­ ment's expense unless counsel requests the services of report­ ers. In such instances, a reporter will be arranged by Court Serv­ ices staff and provided at the expense of the parties; I Regardless of whether a civil trial is recorded or reported, Court Services staff and their contrac­ tors will be responsible to ensure transcripts are produced when ordered and quality is of the highest standard; I At a future date, real time tran­

scription will be pilot tested several court locations to asc tain its effectiveness.

Court Services anticipates t program changes will enable t Ministry to fulfill its responsib ity to ensure a permanent reco: and accurate transcript of S preme Court proceedings is mail in an efficient and effective mai ner.

Audio tape recording of civil trial should result in more reportejl being available to perform Eil aminations for Discovery.

Legal aid job action continues The CBA (B.C. Branch) Joint Legal Aid Liaison Committee has presented a brief to Attor­ ney General Russell Fraser and has met with him on several occasions over the last month.

To date, no commitment for increased funding of legal aid has been forthcoming from the provincial government.

The Legal Aid Action Commit­ tee informed the Legal Services Society on April 15 that their members would not accept referrals except for clients in custody or where urgent issues affecting the security of spouses or the security and welfare of children were involved.

Committee have withdrawn from cases where ethically permitted except for clients in custody and urgent family matters as noted above.

The following table provides tariff comparisons of specific charges for your information.

As well, members of the Action

Tariff Comparisons between British Columbia and Ontario Specific Examf)les (B.C. vs Ontario) Charges

1. Theft Under $2000 Possession of Stolen Property

Services

Bail Hearing Guilty Plea Total:

British Columbia

Ontario

$ 100.00 180.00 $ 280.00

Jnr Counsel Maximum $ 224.20 263.15 $ 487.35

10 Yr Counsel Maximum ; $ 280.25 j 328.94 $ 609.19

2. Carrying Concealed Weapon

Guilty Plea

$ 180.00

$ 699.20

$ 874.00

3. Aggravated Assault

Pre. Hearing (2 days) Pre. Prep (16 hrs) Guilty Plea Sentencing Plea Prep (16 hrs) Total:

$ 900.00 0 180.00 75.00 0 $1,155.00

$ 792.30 1,018.40 198.10 198.10 1,018.40 $3,225.30

$ 990.38 1,273.00 247.59 247.59 1,273.00 $4,031.56

.......

15

Are you interested in joining a Law Practice Management Section?

This new section would be of interest to law firm representa­ tives involved in the manage­ ment of the law firm.

At a recent VALA executive meeting, interest was expressed in bringing together the profes­ sional law office administrators from the larger Vancouver law firms and both the lawyers and non-lawyers who are presently managing the smaller law firms

Maritime Arbitrators meet in September The 10th Annual International Congress of Maritime Arbitra­ tors will meet in Vancouver from September 10 to 13,1991.

The conference is sponsored by the B.C. International Commer­ cial Arbitration Centre and the Vancouver Maritime Arbitra­ tors Association.

The CBA (B.C. Branch) Mari­ time Law Section is a large and active group of lawyers familiar with all facets of maritime law, both domestic and interna­ tional.

For complete details of this important international confer­ ence, contact Gordon Bisaro, Chair, Maritime Law Section, 683-9621.

UBC Alumni host breakfast Mr. Justice Frank Iacobucci, 1962 UBC law graduate and the newest member of the Supreme Court of Canada, will be the special guest on Friday, May 24, 1991, at the UBC Law Alumni Association's breakfast at the Hotel Vancouver.

Tickets at $22.50 per person can be obtained from the UBC Alumni Association, c/o UBC, Faculty of Law, 1822 East Mall,

to provide an opportunity to discuss matters of mutual inter­ est.

Smaller law firm's managing partners would have the oppor­ tunity to discuss and solicit ideas with those who spend their full time dealing with such matters.

If you are interested in forming this new section and would be

Vancouver V 6T1Y1, Attention: Stan Winfield, SecretaryTreasurer. After May 20, tickets can be reserved by calling 822-3303 or 520-0493.

Two provincial court judges appointed Peter Doherty and Edmond de Walle were appointed Provin­ cial Court judges on April 29, 1991.

Peter Doherty, who has been in private practice since 1977, has practised in Vancouver and Courtenay. He begins his judicial duties in Campbell River on May 30,1991.

Ed de Walle, who practised criminal and family law for 11 years, will begin his judicial duties in Terrace on May 24, 1991.

Computer discount plan deadline extended The National CBA computer purchase program is entering its last month and is scheduled to end May 31,1991.

Brandname hardware, soft­ ware, service and support at exclusive discounts of 20 to 60 per cent is offered from Com­ puterLand.

prepared to register for the sec­ tion, please telephone or FAX your name to Robert Smethurst, Executive Director, CBA (B.C. Branch), tel: 687-3404 or FAX: 669-9601.

If sufficient interest is shown, an organizational meeting will be held before the summer so that fall and winter programs could be planned.

The CBA-ComputerLand part­ nership program gives CBA members an opportunity to gain a competitive edge during economic hard times by auto­ mating their offices with quality computer solutions that will maximize their productivity and profits.

A brochure outlining the avail­ able discounts has been sent to all members. Contact Paul Villeneuve at 1-800-465-9253 for additional information.

Courtroom security Branch members of the Joint Court Services Committee have expressed courtroom security concerns to Court Services rep­ resentatives of this joint com­ mittee.

Court Services reminds the pro­ fession that while sheriffs are not assigned to every court­ room, security of all individuals within the precincts of the court is a high priority.

Therefore, if there is potential for an incident, counsel can re­ port his/her concern to the sheriff's office who will ensure that suitable security arrange­ ments are made.

CBA (B.C. Branch) Member Services arranges resort discounts The Member Services Commit­ tee of the B.C. Branch has secured substantial discounts of between 15 to 30 per cent at the following resorts: 108 G olf & Country Inn - Eight miles north of 100 Mile House in the Cariboo (791-5211) P.G.A. approved 18-hole golf course, fishing just 500 yards from the Inn, horseback riding, cross country skiing, etc.

Inn of the Sea Resort, located on Yellow Point Road in Ladys­

Product of the Month This month, the Canadian Bar Insurance Association (CBIA), is featured.

Available to all members, spouses and their employees, the Canadian Bar Association National Insurance Plans offer exceptional benefits at a very affordable price!

As the CBIA is operated on a not for profit basis, and is run "for lawyers by lawyers," you can be assured that you get top value for your dollar.

Take a moment to review the flyer inserted in this mailing of BarTalk. Then FAX, mail or phone the CBIA's authorized representative, Mr. Leo Do­ nahue to obtain more details on

Lake Okanagan Resort, located on Westside Road in Kelowna (769-3511)

Tyax M ountain Lake Resort located in Gold Bridge, north ( Lillooet. Heli-skiing, cross country skiing, windsurfing, horseback riding, fishing and flyout fishing, etc. (238-2221).

WaterWay Houseboats Ltd., first class houseboat vacations located on Shuswap Lake (8362505)

King Pacific Lodge located near Prince Rupert features world class fishing and gourment meals (278-8484).

mith on Vancouver Island (2452211)

The Coast Lakeside Resort located on Lakeshore Drive on Lake Okanagan in Penticton (1800-663-1144)

the very cost-effective Term Life, Disability Insurance, and other programs available through the Canadian Bar In­ surance Association.

Leo Donahue can be reached at Leo Donahue Insurance Serv­ ices Ltd., 1023-409 Granville St., Vancouver V6C 1T2, Tel: 6888790; FAX: 688-8106.

Dates to Note For further information, contact the B.C. Branch unless other­ wise noted June 21,1991 CBA (B.C. Branch) Annual M eeting & Law Society of B.C. Annual M eeting Robson Square Conference Centre, Vancouver CBA (B.C. Branch) Provincial Council M eeting

B.C. Branch Canadian Bar Association and Law Society of B.C.

Annual Meetings June 21,1991 Robson Square Conference Centre, Vancouver Mark your calendar now!

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Please contact the resorts directly for complete details p about discounts and to make ^ ^ your booking. c

August 17-22,1991 National CBA Annual Meetin; Calgary, Alberta l Info: 1-613-327-2925 |> September 21,1991 1 CBA (B.C. Branch) Provincial I] Council M eeting October 19,1991 Local and County Bar Presi­ dents M eeting Vancouver I November 19,1991 Bench and Bar D inner Law Courts Inn, Vancouver December 7,1991 CBA (B.C. Branch) Provincial Council M eeting Vancouver

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Moving?

The Branch's 1992 Directory proofs will be mailed to all members soon.

If you or your firm has recently H moved, please let us know as soon as possible.

Send your address changes by FAX (669-9601) so that our database is kept current. “““ ^ 1| BarTalk is published by the British Columbia Branch of the Canadian Bar Association, 504-1148 Hornby Street, Vancouver, B.C. V6Z 2C3 Telephone: (604) 687-3404 FAX: 669-9601 Copyright the British Colum­ bia Branch of the Canadian Bar Association — 1991.

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