NEWSLETTER OF THE CANADIAN BAR ASSOCIATION, B.C. BRANCH iO
BakerHeads B.C. Branch as new President for 1991/92 Other members elected to the Executive Com mittee include: Robert Gourlay, vicepresident; J. Parker Mac Carthy, secretary-treasurer. Members-at-large include: Eric Rice, John Waddell, Kerry-Lynne Ferris and Jeffrey Scouten.
Wendy G. Baker, Q.C., succeeds Terry La Lib erte as B.C. Branch presi dent on August 21.
Baker practises in com mercial and civil litiga C 3 0 2 ^ tion at the trial and ap pellate levels with the law firm of Davis & \JULY/AUGUST Company in their New 1991 Westminster office.
no.
VOLUME 3 NUMBER 5
HIGHLIGHTS
SECTIONTALK/3
LEGISLATIVE UPDATE/5
Newly elected members of Provincial Council in clude: Kootenay: Dana Urban; Nanaimo: Peter Doher Elected Executive Committee members include: (front row) ty; Prince Rupert: Her J. ParkerMacCarthy, Kerry-LynneFerris, Wendy G. Baker, man Seidermann; Van Robert Gourlay. (Back row) John Waddell, Terry La Liberte, couver: Georges Goyer, Eric Rice, Jeffrey Scouten. a u s t a ir e a g le p h o t o g r a p h y Gordon Turriff, Ravi She currently serves as a An advocate of the rights of the Hira, Kerry-Lynne Ferris, member of the Law Society's disabled, Baker was awarded a Doug Robinson, Emily Reid, Task Force on Gender Bias in citation for citizenship from Eric Rice; Victoria: John Wad the Justice System, is a former Canada's Secretary of State in dell, Paul Scambler; Westmin member of the CBA's national 1988 for her "devotion to foster ster: Grant Taylor, Rick M ill Executive and was a governor ing the interests of mentally er; Yale: Howard Berge, Alan of the Law Foundation from handicapped persons in B.C." Perry. 1985-90.
A graduate of the Uni versity of Saskatchewan, she was called to the B.C. bar in 1978 and has been a member of the Branch Executive Committee since 1986.
Medal honors outstanding service IBA MEETS IN 1998/8
BRANCH BUDGET/10
CAREER STUDY FINDINGS/12
DATES/14
Bonita Thompson, Q.C., re ceived the first annual Presi dent's Award from B.C. Branch President Terry La Liberte at the June 21 Annual Meeting. The President's Award medal was struck to recognize out standing achievement to the B.C. Branch by a member of the profession. The award recipi ent is chosen by the Branch president. In making the presentation, La Liberte stated Bonita Thompson has made a "substantial contri bution to legislation and law re
form in the province, as well as to alternate dispute resolution in Canada and internationally." During her term as chair of the B.C. Branch's Legislation and Law Reform Committee, she was instrumental in a major re organization of the activities of the committee. Thompson has been active on various Branch committees and served as chair of the national task force on al ternate dispute resolution. A partner in the law firm of Sin gleton Urquhart Macdonald, Please turn to page 4
Presiden t Terry La Liberte presents first annual President's Award to Bonita Thompson, Q.C. AUSTAIR EAGLE PHOTOGRAPHY
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President's message BarTalk that provides the high lights of the variety of activities undertaken by the B.C. Branch on behalf of the profession.
Terry La Liberte President, B.C. Branch 1991/92
With my term as President at a close, I sincerely thank the members of the Executive Com mittee, the B.C. Branch staff, my wife Christie, my four chil dren and my two dogs, for their tremendous support this year. I am especially pleased to refer you to the condensed Annual Report included in this issue of
The B.C. Branch's involvement through the Joint Legal Aid Li aison Committee in resolving the immediate crisis in legal aid funding was a significant un dertaking. While the additional funding provides a hundred per cent increase to the crimi nal, family, immigration, and duty counsel rates, it still is only about one-half the rate paid by private clients. We intend to continue to press the government to ensure that on-going commitment to legal aid funding does not falter and thereby hinder the fundamental principle of equal representa tion through adequate compen sation for work undertaken.
I am also very pleased with th increased level of activity of o Legislation and Law Reform Committee. Bonita Thomp son's unfailing desire to ensur the Branch's active participa tion in the legislative and law reform processes is sincerely recognized. I also would like i! recognize the significant worki undertaken by Ann McLean 01 Legislation and Law Reform Officer and look forward to he continued contributions in the coming year. I also appreciate the diligent work undertaken by Immediat Past President Russell Lusk in agreeing to form our Govern mental Relations Committee, am confident that the Commit tee's plan of action will forwan the concerns and positions of Please turn to page 1
Members debate five resolutions at Annual Meeting The B.C. Branch Annual Meet ing on June 21,1991 featured lively debate on five of the sev en resolutions set forth by members. Resolutions included: I Repayment of student loans by articling students: a reso lution was passed to urge the British Columbia government to change its student loan pro grams to provide the repay ment commence six months af ter completion of the minimum period required for admission to the Bar in B.C. by studentsat-law. I Diversion of accused persons from the court system: a res olution was passed to recom mend that the federal govern ment adopt a system similar to that in place for the provincial government for the diversion of accused persons from the court system in appropriate circum stances, without the need for court appearance or trial, in ap propriate circumstances.
I Remuneration for court inter preters: a resolution was passed to urge the provincial government to review its rates of remuneration set for quali fied court interpreters with a view to increasing the rates to preserve the high quality of court interpreting previously provided. I Freedom of information: a resolution was passed that reaf firms the B.C. Branch's commit ment to freedom of information legislation, urges the govern ment of B.C. to enact freedom of information legislation and encourages the provincial gov ernment to provide the Branch with the opportunity to com ment on proposed legislation prior to its enactment. I Protection of the privacy of personal information collected, held or used by institutions: the resolution passed and urges that in addition to enacting ac cess to information legislation, the B.C. government should en
act legislation, in accordance with the 1981 guidelines of the Organization for Economic Co operation and Development, to protect the privacy of personal information collected, held or used by government or its insti tutions. Other resolutions set forth in cluded: I Publishing annual Directory in disk form and making it available to members: the res olution was tabled to the Sep tember Provincial Council meeting as the Branch is finaliz ing a mailing list policy includ ing this issue. I Gun control legislation: the resolution called for the CBA to withdraw its announced sup port for more gun control legis lation, and instead, to canvass members for their views through a mail questionnaire. As there was no seconder, the resolution was not debated.
S ectionTalk with respect to developing one. Approximately thirty or more governmental agencies and de partments at the federal, provincial and municipal levels may have information regard ing the environmental status of a property. The history of the individual parcel of property will dictate which searches should be performed.
o £ aCD 5 oc Shelley Bentley
Environmental search es — a routine for commercial conveyencing in the 1990s Guest speaker Mary Jo Camp bell, a partner with Ladner Downs, alerted Victoria Real Property Section members to the increasing public awareness and strengthening of legislative protections over environmental contamination, among other things. As a general rule, an environ mental search is not performed for residential property transac tions unless there is a risk of contamination as a result of for mer industrial use. The likeli hood of contamination is more real on commercial transac tions. It may be prudent always to perform this search on commer cial loan transactions when act ing for the lender because the lender will not have the same knowledge of the current and prior uses of the property as the borrower. Campbell commented that per forming environmental search es is an evolving process. No central data base exists at this time. However, discussions are under way between the prov ince and certain municipalities
The two most fundamental searches are the Ministry of En vironment, Waste Management Branch search and the search at the local municipality or city. The Waste Management Branch search indicates whether any waste permits have been issued to the property owner, the na ture of the permit issued, whether any environmental complaints have been received with respect to the property owner or the property, whether any inspections of the property owner's operations are planned or have been performed and a description of any registrations regarding special waste on the property or in control of the property owner. Certain municipalities are cre ating a department responsible for contamination issues. An example is the Industrial Waste Department at the City of Van couver. A search of records at such a department will often re veal whether there is a record of contamination in or on the property or if there is non-com pliance with environmental by laws or regulations of the mu nicipality or of the provincial Waste Management Act or reg ulations.
Factors considered on interim order for sale of property The decision of Huddart, J., in
Bodo v. Bodo, 6060 LR (4th) 700 was the topic of a presentation given by Denise Grant at the New Westminster Family Law Section meeting. Grant noted that in an interim chambers application for the sale of a family asset after mar riage breakdown, the case makes it clear that Rule 43 should be used. Apparently section 52 of the Family Relations Act is only available after the determina tion of the family assets. How ever, this case leaves the door open for counsel to use Rule 18A for summary trials along with section 52. The Bodo deci sion is becoming widely used by counsel in looking at the fac tors courts will consider on an interim application for sale and is important reading for every family law practitioner.
Victoria Bar develop ing GST-exempt sup ply certificate forms to protect purchasers of real property Witt Lapper of McKimm and Lott reminded Victoria Real Property Section members that section 194 of the Excise Tax Act states that where a vendor falsely certifies that the real property being sold is exempt supply under sections 2 to 5,8 and 9 of Part 1 of Schedule 5 of the act, the applicable GST will be deemed to have been includ ed in the purchase price, and the vendor will be liable to pay the appropriate fraction from the proceeds of sale in sat isfaction, of the taxes due. This section is an exception to the general rule that the pur chaser pays the GST. However, this section operates only where the purchaser has obtained a
SectionTalk (continued) certification from the vendor that he/she believes the prop erty to be an exempt supply. The certification is ineffectual where the purchaser knew or ought to have known that the property was not an exempt supply. Generally it is easier to have the purchase agreement state that the purchase price includes any GST that may be due. This ob viates the need for certification, but applies only when the pur chaser is a resident individual not a corporation or non-resi dent. Several Victoria bar members are presently working on a pos sible "standard form" certificate which will deal with residential complexes only. Note that dif ferent considerations apply to the purchase of vacant land.
Proposed changes to Company Act outlined by Ministry officials John Nunez, Ministry of Fi nance, and Dan Perrin, Ministry of Corporate Affairs, outlined the proposed legislation for
Okanagan and Commercial Law Section members. The draft Act is scheduled to be pre pared in late 1991 at which time it will be circulated for public discussion. One of the aims of the legisla tion will be to streamline the organization and procedures of the Registrar of Companies so that persons can access infor mation through computer ter minals throughout the province with less filing of documents. It is expected that while there will be an expanded Memoran dum filed with the Registrar of Companies, the Articles and all requisite resolutions will not be kept at the office of the Reg istrar of Companies but instead the person searching for such documents will go directly to the registered office of the com pany. . The guest speakers outlined the highlights of the proposed leg islation. An expansion will be made to the Company's ability to indemnify directors and changes will be made to the conflict of interest rules includ ing greater disclosure require ments by directors.
Residency requirements of di rectors will be abolished. Changes will be made to shari holder rights and an expansio may be made to the rights of c rectors and shareholders to bring on shareholder oppres sion remedies. Section 41 pre-emptive rights will be changed such that shares will be offered pro-rata unless the Memorandum and Articles specifically waive it. Changes will be made to the ability of a company to render financial assistance to purchase shares. It is anticipated the shares will all be negotiable on their face unless there is a re striction on the transfer which is dearly stated on the face of the certificate. In terms of corporate gover nance, the proposed Act will adopt the indoor management rule similar to that found in the Canada Business Corporations Act. In the corporate records area, it is anticipated that the legislation will state that there will be no need for a register of mortgages and relief will be given to law firms allowing them to remove themselves as registered records office for a company by use of affidavit.
Condensed Annual Report sent to all members The 1990/91 Canadian Bar Asso ciation (B.C. Branch) Annual Re port is included with this issue of BarTalk. The timing of the annual meeting creates some confusion in our method of reporting to you. The reports contained within the annual report reflect the program year from July 1,1990 to June 30, 1991. The financial reports, how ever, are for the fiscal year ending June 30, 1990 as our audit takes place in August of each year. Consideration is being given to holding the annual meeting in the fall of the year to overcome this difficulty.
In the past, a limited number of annual reports were printed and made available on request. This year, the annual report is being sent to all members. The objective of a condensed an nual report is to provide each member with the highlights of the activity year and to present the audited financial statements. We will also let you know how we ended the 1990/91 year end by providing highlights of the 1990/91 year end statement. This information will provide you with a better picture of the in come and expenses of your asso ciation.
Yourcommentson thecondensed Annual Report are most welcome and can be sent to Larry Hnetka, Assistant Director (Communica tions) at the B.C. Branch office.
President's Award (continued from page 1) Thompson was the first execu tive director of the B.C. Interna tional Commercial Arbitration i Centre, the first such centre in Canada, and the first chair of the Council of Asia Pacific Commercial Dispute Resolution Centres.
LEQlSLAnVEUPtKTE 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 P roperty P u rchase Tax A m endm ent Act, 1991, S.B.C. 1991, c.16, First Reading Bill Number 4, amends the Property Purchase Tax Act, S.B.C. 1987, c.15 inter alia as follows a) as to s.l and 3, so that where land which is the subject of a trust is being transferred, the amount of the tax payable will be calculated without taking into account the presence of the trust, with retroactive effect to April 29,1991, b) as to s.3.1, limiting the amount of . financing taken into account in calculating the principal residence tax credit to the portion used to purchase the principal residence, and providing for a refund if the transfer and financing are unavoidably not registered together at the land title office, retroactive to May 22,1991, c) as to s.5(l), amending the definition of "family farm corporation" retroactive to May 22,1991, to clarify that it may be owned by a single shareholder, d) as to s.5(l) and 5.1, amending the definition of "principal residence" by reducing the allowable area and restricting types of improvements, and providing a partial tax exemption for properties which no longer fall within the definition of "principal residence", effective July 31,1991, and e) by adding s.5.2, providing an exemption for land subject to a conservation easement, retroactive to May 22,1991. in fo r c e ]u n e 27,1 9 9 1
Pension B en efits Standards Act, S.B.C 1991, c.15, First Reading Bill Number 6, deals with employee pension plans and ensures that a) employees receive full information about
their interests in the employee plan, b) when a vested employee changes employment, certain of his benefits remain to his credit or follow him, c) the plan remains solvent, and, d) there is a proper distribution of assets on winding up of the plan. The Act provides for: a) vesting after five years of continuous service, changing to two years of plan membership on January 1,1998, b) a minimum employer contribution of 50 per cent, and, c) minimum survivor benefits. The Act contemplates reciprocal registration and enforcement with other Canadian provinces having similar legislation. in fo r c e Ja n u a ry 1,1993 ex c e p t s ec tio n s 1 to 6 ,1 4 ,2 4 ,4 3 ,4 5 ,4 6 ,4 8 , 61 ,6 2 ,6 6 to 69 a n d 71 to 80; s ec tio n s 1,73 a n d 78 o f the A ct in fo r c e M a y 24,1991; s ec tio n s 79 a n d 80 o f the A c tin fo r c e Jan u ary 1,1998; th e b a la n c e o f the s ec tio n s w illb e b r o u g h t in to fo r c e b y regulation .
M iscellan eou s Statutes A m endm ent Act, 1991, S.B.C. 1991, c.13, First Reading Bill Number 7 amends inter alia a) British Columbia Railway Act, R.S.B.C. 1979, c.38 as to s.l.4, changing references relating to the Compensation Stabilization Act to references relating to the Compensation Fairness Act, b) Forest Amendment Act, 1989, S.B.C. 1989, c.67 as to s .1 0 ( 1 ) extending from two years to four years the period for which the minister may defer offering a replacement tree farm license and extending this provision to notices requesting an extension received prior to July 1,1993, c) Hydro and Power Authority Act, R.S.B.C.
Legislative Update (continued) 1979, c.188 as to s.52(6) by striking out "the Compensation Stabilization Act, the Critical Industries Act" so that these acts no longer are listed as applying to the authority, d) Income Tax Act, R.S.B.C. 1979, c.190 making a housekeeping amendment to s.8.8(l), e) Industrial Relations Act, R.S.B.C. 1979, c.212, as to s .137 .96 (3 ) substituting "Compensation Fairness Act" for "Compensation Stabilization Act", f) Job Protection Act, S.B.C. 1991, c.4 as to s.20(3) setting the date for the repeal of s.55.1(6) and 56.01 of the Forest Act at April 12,1993, g) Municipal Act, R.S.B.C. 1979, c.290 allowing municipalities to establish reserve funds for specific purposes as approved by the minister, h) School Act, S.B.C. 1989, c.61 clarifying the status of residents in School District No. 39 (Vancouver) as to election matters, and s ection s 1 , 6 - 20, an d 28 - 30 o f the A ct in fo r c e Ju ne 27,1991
i) Family Maintenance Enforcement Act, S.B.C. 1988, c.3 clarifying the situations in which someone may be imprisoned for failing to make maintenance payments and requiring that a hearing be held before a debtor is imprisoned in certain cases. s ec tio n s 2 to 5 o f the A ct in fo r c e Ju ly 30,1991
Crown Counsel Act, S.B.C. 1991, c.10, First Reading Bill Number 10, sets out the functions and responsibilities of the Criminal Justice Branch. Crown Counsel are to supervise all private prosecutions and intervene and conduct such prosecutions where the interests of justice require it. Directives from the Attorney General or the Deputy Attorney General with respect to the approval or conduct of any specific prosecution or appeal must be in writing and published in the Gazette. Directives to special prosecutors on their specific cases must also be in writing and published in the Gazette. Publication may be delayed in the interests of the administration of justice, but not beyond the completion of the matter or any related matter. in fo r c e Ju ne 27,1991
M iscellaneous Statutes Amendment Act (No. 2), 1991, S.B.C. 1991, c.14, First Reading Bill Number 15 amends inter alia a) Assessment Act, R.S.B.C. 1979, c.21 as to s.27 and 80 and Assessment and Property Tax
Reform Act (No. 2), 1990, S.B.C. 1990, c.32 as tc | s.3 relating to the determination of the value of the right of way for the track of a railway corporation, section s 1, 3 a n d 4 o f the A ct in fo r c e e ffec tiv e S eptem ber 28, II 1990, sec tio n 7 o f the A ct in fo r c e Ju n e 2 7 ,1991, section s II 2, 5 an d 6 o f the A ct in fo r c e Ja n u ary 1, 1992 11
b) Ferry Corporation Act, R.S.B.C.. 1979, c.128 1 as to s.16, increasing the maximum debt of Q the corporation from $250 million to $460 million and amending the method of calculating the debt, sectio n 8 o f the A ct in fo r c e Ju ne 2 7 ,1991II
c) Independent School Act, S.B.C. 1989, c.51 as to the definition of "school age" in s.l to include all children who attain the age of five I or more years on or before December 31 of that school year, sectio n 9 o f the A ct in fo r c e Ju ly 1,1991 1
d) Motor Fuel Tax Act, S.B.C. 1985, c.76 as to the definition of "handicapped person" in s.l to include blind persons and as to s.12 removing the requirement for handicapped persons to hold a valid driver's license to be eligible for a fuel tax refund and setting a maximum $200 refund for each period from August 1 to the following July 31, section s 11 a n d 12 o f the A ct in fo r c e A ugust 1,1991
e) Municipalities Enabling and Validating Act (No. 2), S.B.C. 1990, c.61 correcting a procedural defect in the enactment of a loan authorization by-law for the purchase of a new fire truck for Harrison Hot Springs, section 13 o f the A ct in fo r c e Ju ne 27,1991
f) Private Post-Secondary Education Act, S.B.C. 1990, c.64 as to the definition of "post足 secondary education" in s.l to include courses provided by certain independent schools and by the addition of s.3.1 providing that the Private Post-Secondary Education Commission will retain certain monies received to offset its expenses, Sections 14 an d 15 o f the A ct in fo r c e Ju ne 27,1991
g) School Act, S.B.C. 1989, c.61, as to s.3, removing the reference to dual entry of children, providing that entry for first year students is in September, and adding s.129.1 preventing school boards from reducing the allocation of funds for special education programs below those from the previous year without the approval of the minister, and section 16 o f the A ct in fo r c e Ju ly 1,1991 an d section 1 7 o f the A ct in fo r c e Ju ne 27,1991
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Legislative Update (continued) h) Workers Compensation Act, R.S.B.C.. 1979, c.437 as to s.58(3) and (4) allowing the medical findings of the review board to be referred directly to a medical review panel and as to s.63(l) allowing the findings of the review board as to the cause of death of a worker to be referred directly to a medical review panel. sec tio n s 1 8 ,1 9 a n d 20 o f th e A ct in fo r c e Ju ne 27,1991
M iscellaneous Statutes Amendment Act, 1990, S.B.C. 1990, c.57 amends the Utilities Commission Act, S.B.C. 1980, c.60 as to s.27 allowing the minister to exempt a person who produces a power service, without the previous limitations of personal use or maximum quantities, from the provisions of Part 3 of the Act. sec tio n 33 o f th e A ct in fo r c e June 28,1991
Regulations To Note W orkers Com pensation Act, B.C. Reg. 189/91 repeals B.C. Reg. 463/90 and makes changes to the Act and to periodical payments under the Act as a result of changes to the Consumer Price Index. e ffec tiv e Ju ne 20,1991
Financial A dm inistration Act, B.C. Reg. 192/91 is made granting a remission of the difference between income tax paid by a taxpayer for the years between 1979 and 1988 inclusive and the income tax that would have been paid had the taxpayer deducted maintenance payments, subject to certain specified conditions. e ffec tiv e Ju ne 21,1991
Personal Property Security Act, B.C. Reg. 279/90 is amended inter alia as to s.l(4) and (4.1) to clarify that fixtures and crops are personal property for the purposes only of the Personal Property Security Act and regulation, and specifically not in the case where an interest is created in conjunction with the creation or transfer of an interest in the land to which the fixture or crop is affixed or attached. effec tiv e Ju ly 9,1991
M otor Vehicle Act, B.C. Reg. 26/58 is amended by adding Division 39 requiring a passenger in a vehicle to remain seated on a seat which has been securely installed in the passenger compartment only. effec tiv e Ju ly 12,1991
Introductory Bills To Note A doption Amendment Act, 1991, First Reading Bill Number 11, amends the Adoption Act, R.S.B.C. 1979, c.4 expanding the current adoption reunion registry provisions. The Adoption Act now provides for a voluntary registry system whereby a birth parent or adult adoptee may register identification particulars and where a match is found each party's information is given to the other. The Bill expands the "passive registry" provisions to include relatives other than birth parents and adds provisions for an "active registry". An adult adoptee may request the assistance of the Superintendent of Family and Child Service who will discreetly inquire whether a birth parent or sibling also placed for adoption wishes to be contacted and if so, will facilitate contact. Likewise a birth parent may request assistance in contacting an adult adoptee. Any party may file a veto with the Superinten足 dent specifying that they not be contacted except in the case of compelling medical need. The Bill received royal assent on June 27,1991 and will be brought into force by regulation. fir s t readin g June 7,1991
Access to Inform ation and Protection o f Privacy Act, First Reading Bill Number 12, introduced on June 25,1991 and left on the Order Paper. The purpose of the Bill is to provide two basic rights: the right of the public to access information in government records and the right of the individual to have his or her personal information in government records protected from unauthorized collection, use and disclosure. The Bill balances these rights with the need for confidentiality in limited and specific circumstances. The Bill applies to records held by government ministries and other bodies controlled by government appointees, but not including corporations with a private ownership component, officers and members of the Legislative Assembly, the courts, universities and colleges. The Bill provides a mechanism to obtain access to or copies of records, and sets out specific exemptions from the disclosure requirements. Some exemptions are mandatory including personal information, cabinet documents and confidential third party business information. Other exemptions are within the discretion of the head of the applicable government organization, including information harmful to health or safety, information relating to investigations and (Please turn to page 8)
Thousands of lawyers meet in Vancouver in 1998 The International Bar Associa tion will hold its 1998 Biennial Conference at the Trade and Convention Centre in Vancou ver. The September 1998 meet ing is expected to attract 4,000 to 5,000 international lawyers and guests.
director of the B.C. Internation al Commercial Arbitration Cen tre, attended the Sixth Biennial Conference of the Section on General Practice of the IBA from June 2 to 5,1991 in Mon treal where the decision was an nounced.
Charlie Hopkins, chairman of the board of the B.C. Commer cial Arbitration Centre, said, "The naming of Vancouver as the 1998 site was the culmina tion of the collaborative efforts since 1988 of former Executive Director of the Centre, Bonita Thompson, Q.C., and the Van couver Trade and Convention Centre."
Warren stated: "Once again, Vancouver has demonstrated that it is a truly international city providing first class servic es and facilities. The Centre is very pleased to have played an important part in bringing the international legal community to Vancouver in 1998."
Derril Warren, Q.C., executive
B.C. Branch Committees seek new members Are you interested in serving on a B.C. Branch Committee? Current committees are listed on page 11 of the B.C. Branch Annual Report. If you are interested in partici pating, contact Robert Smethurst, Executive Director of the B.C. Branch, at 687-3404 who can provide more information.
The IBA, a federation of 127 Bar Associations and Law Societies from 69 countries, has a mem
bership of 13,800 lawyers in 134 1| countries. Its aims are to en courage discussion of problems |j of professional organization gjn and status and to promote an gjo exchange of information beft tween legal associations world- ft wide, to support the indejjo pendence of the judiciary and y the right of lawyers to practise ft in their profession without ft interference, to provide a forum ft in which individual lawyers can ft make contact and exchange ide- ft as with other lawyers and to ju help improve and make new p laws. ft
Contact Derril Warren, Q.C., at 1 the BCICAC in Vancouver, tel: ■ 684-2821.
Government reports available The Legislation and Law Reform Committee has received copies of the following reports from the British Columbia government and others. Information may be obtained from Ann McLean, the Branch's Legislation and Law Reform Officer, in Victoria (721-8157), or from the applicable source. Source Report Ministry of Forests Wilderness for the 90's (Public Affairs Branch 387-5255) The Future of our Forests
Forest Resources Commission (available through Ministry of Forests - Public Affairs Branch 387-5255)
British Columbia Resource Roads Policy
Ministry of Transportation & Highways! (Susan O'Connor - 387-5996)
Legislative Update (continued) law enforcement, privileged information, certain intergovernmental information, information about the economic and other interests of government or security of facilities and information harmful to conservation. Any refusal to provide access may be appealed to the Information and Privacy Commissioner appointed by the Lieutenant Governor on recommendation of 2/3 of the members present in the Legislative Assembly. The Bill provides for access by individuals to their personal information and allows them to
request a correction of inaccuracies. Personal information may be exempted from disclosure in certain specified circumstances, as set out in the Bill and refusal to provide access may also be appealed to the Information and Privacy Commissioner. The Bill also places restrictions on the purpose for which and how personal information may be collected by or for government and how and for what purposes it may be used. fir s t readin g Ju ne 25,1991
THE W / LAW FOUNDATION OF BRITISH COLUMBIA n June 2,1991 the Board of ovemors of the Law Foundation pproved a one-time grant of 5,000,000 to the Legal Services ociety to enhance the legal aid iriff. This one-time contribution jpplements $6,000,000 in additional 'rovincial government funding for ie legal aid tariff. The provincial ovemment, as the major funder of •gal aid, gave assurances that it had o objection to the Foundation iiaking this grant on a one-time basis h the understanding that the bundation would be unable to jepeat this contribution in future jears.
First Nations of South Island Tribal Council (Justice Education Project) - $14,000 Salvation Army Fraser Valley Community Resource Centre (Volunteer Courtworker Program) $14,920 Gender Equality Committee (Federal Judiciary Seminar on Equality Issues) - $4,500 Port Albem i Women's Resources Society (Legal Information Workshop) $10,480 TOTAL: $163,332
I jtf their June 2 2 ,1991 meeting, the I Governors of the Law Foundation I pproved first time funding totalling 11163,332 for 10 new legal projects: 9Canadian Bar Association I Review of the Criminal Code, General I ’art) - $30,000 Vancouver Association of Women md the Law and the Feminist I institute for Studies on Law and j society I [Research Consultation on how to Study Gender Bias) - $21,345 [Union of B.C. Indian Chiefs ^Resource Centre Legal Acquisitions ■Update)- -$19,500
UBC Law Students' Legal Advice Program (Three Year Operating) year 1 -$118,918 year 2 - $127,838 year 3 - $129,418 Northern Association of Injured and Disabled Workers (Advocacy Project - Accounting) $4,500 Vancouver Mental Patients' Association (Courtworker Project) - $48,133 Together Against Poverty Society, Victoria (Advocacy Project) - $42,599 Port A lbem i Women's Resources Society (Family Court Advocacy and Outreach) - $56,176
Renewal funding for previously funded projects or programs was approved as follows: Canadian Bar Association, B.C. Branch (Legislation and Law Reform Officer) (conditional on a matching grant from the CBA) - $24,000 Canadian Bar Association, B.C. Branch (Dial-A-Law) - $158,110 Canadian Bar Association, B.C. Branch (Lawyer Referral) - $101,910
Vancouver Island Haven Society, Nanaimo (Family Court Advocacy Project) $33,896 Terrace Anti-Poverty Group Society (Advocacy Project) - $44,531 Spetz Publishing (Decisis/The Advocate) - $1,500 Canadian Journal of Family Law (Computer Purchase) - $1,800 North Island Women's Services Society (Legal Information Project) -
$1,1 0 0
ijActive Support Against Poverty JKPrince George) - Lay Advocacy §$26,587
Canadian Bar Foundation (Canadian Bar Review) - $20,622
{Northwest Wildlife Preservation ISociety l(Endangered Species Conference) |$7,000
Federated Anti-Poverty Groups of B.C. (Provincial Welfare Rights' Workshops) - $52,500
HJnited Native Nations ItFirst Nations People and Their Legal tissues - Resource Guide) - $15,000
Public Service Yellow Page Ads about legal aid services, free legal information and how to find a lawyer -$74,900
TOTAL: $1,042,451
For further information, contact the Law Foundation of B.C., 410-1190 Hornby Street, Vancouver, B.C. V6Z 2K5 (Telephone: 688-2337).
Fromthe
B.C.Branch President...
Garth Manning, president of the CBA Ontario Branch, recently compared CBA activity to an iceberg with "the most effective contributions below the visible surface of everyday perception." I cer tainly agree with his analogy. The B.C. Branch continues to be one of the most active branches of the Canadian Bar Association. Our mem bers contribute countless hours to our profession and the public. I would therefore like to draw to your attention some of the highlights of Branch activities. Volunteer service: From the 343 replies to our survey of volunteer services, respondents averaged some 24.4 hours per month of volunteer time. This average is comprised of 9.2 hours to community service, 3.6 hours to legally related services, 7.1 hours to chari table organizations and 4.5 hours to mis cellaneous services. I still maintain that no other profes sion give so freely of its time or expertise as does the legal profession. Legal Aid Legal aid funding reached crisis propor tions this year with the result that law yers providing legal aid services voted to withdraw their services from legal aid matters. Following extensive discus sion, this action was supported by both the Executive and the Provincial Coun cil. Withdrawal of services began on April 15 and by the end of May, the effect was very noticeable as cases were not being heard due to plaintiffs inability to engage counsel. The Branch published a Special Bul letin outlining the history of the legal aid problem and the actions taken by the Legal Aid Action Committee. As well, the Joint Legal Aid Liaison Committee met on several occasions with the Attor ney General and his representatives to urge an immediate increase in legal aid fees. In early June 1991, the withdrawal of services was discontinued. Through the efforts of the Attorney General in providing additional funds in a time of fiscal restraint and a significant one-time contribution from the Law Foundation of B.C., the settlement increased pay ment for legal aid cases to about one-half the rate generally paid by private clients.
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While this falls short of the 1984 Legal Aid Task Force and the 1988 Jus tice Reform Committee recommenda tions which gave a target of 75 per cent of market rates for legal aid work, it pro vides a 100 per cent increase to the crimi nal, family, immigration and duty coun sel rates. Further work by the Branch will continue to ensure that on-going com mitments to legal aid funding closes this gap. If payment for legal aid falls too short of market rates, the fundamental principal of access to justice is compro mised by inadequate representation. Legislation and Law Reform Again, activity in this area is mainly undertaken through volunteer work which benefits both the profession and the public. I had the pleasure of being a part of the historic National Annual Meeting in London, England along with a signifi cant contingent of British Columbia members as usual. The B.C. Branch has been an active participant in forwarding resolutions and papers of national con cern. Of the twelve resolutions submit ted to the London AGM, three were sub mitted by B.C. including the resolution urging the Federal Government to pro ceed immediately with Phase II of the Copyright Act. I am extremely pleased to report that Bill C-89, the so-called "Money Laun dering Bill" has been vigorously opposed by the CBA and died on the Order Paper. Bill C-9 was given first reading on May 27 and essentially eliminates the original Bill's negative impact on the legal pro fession and its clients. We are waiting for the release of the draft regulations to the new Bill but we have been assured that the CBA's concerns will be met. It is with great pride that I ac knowledge the major contribution of the B.C. Environmental Law Section who prepared the highly acclaimed Law Re form for Sustainable Development report
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Terry La Liberte, President 1990/91 and contributed to the Federal Action for Environmental Protection and Sustainable Development report which was unani mously supported at the Mid-Winter Meeting in Regina. Unfortunately, the B.C. resolution urging the abolition of the federal court was defeated by one vote at that meet ing. Other resolutions carried by the National Council included plain language documentation, recommendations of the task force on paralegals, quality of life within the profession and workplace and encouragement of pro bono services. At the provincial level, we were ex tremely fortunate to be able to engage Ann McLean as our Legislation and Law Reform Officer through the generous assistance of a Law Foundation of B.C. grant. Working with the Legislation and Law Reform Committee, the Executive and the Sections, Ann provided invalu able assistance in coordinating our sub missions to and strengthening our pres ence with government. As in previous years, the Bar was called upon to provide confidential com ments to draft bills. This activity allows us to be part of the process to ensure that legislation is relevant and well drafted. As well, our members provided comment on amendments to the Com pany Act,Personal Property Security Amend ment Act, Condominium Act, Land Title Act, Builders' Lien Act, Law and Equity Act, Mental Health Act, Adoption Amend ment Act, Structured Compensation Act, Jury Act, and Wills Act and other legisla tion. I commend the 46 Section Chairs who not only provide excellent programs for their Section members but also assist (Please turn to page 2)
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ANNUAL REPORT CANADIAN BAR ASSOCIATION (B.C. BRANCH)
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ANNUAL REPORT
[CAIWDWI BAH ASSOCIATION (B.C. BKAHOI)
EXECUTIVE COMMITTEE 1990-1991
BRITISH COLUMBIA BRANCH PROVIN CIAL COUNCIL ELECTED MEMBERS BY COUNTY 1990/91 CARIBOO: Michael Brecknell, Wayne Plenert, Ken Repstock, Peter Warner KOOTENAY: Richard Ellsay, Sandra Smaill, Peter Somerville, Kenneth Wyllie NANAIMO: Douglas Cowling, Andrew Croll, Parker MacCarthy, Richard Swift PRINCE RUPERT: Edmond DeWalle, Mark G. Takahashi, Fraser Wilson VANCOUVER: Murray Clemens, Sandra Cunninghan, William Everett, Peter Fairey, Felicia Folk, Robert Gourlay, Thomas Gove, Georges Goyer, John McIntyre, David Mossop, Glen Orris, Marina Pratchett George Reilly, Eric Rice, Phillip Scarisbrick, Jeffrey Scouten, Daniel Steinberg, Colin Sweeney, Bruce Woolley VICTORIA: Ronald Cook, Richard Margetts, Martha McNeely, Anthony Palmer, John Waddell
B.C. Branch Executive Committee 1990/91 [from left, front row]: Eric Rice (Member at Large); Wendy Baker (Vice-President); Terry La Liberte (President); Robert Gourlay (Secretary-Treasurer). [Back row]: David Brine (Member at Large); John Waddell (Member at Large); Russell Lusk (Immediate Past President); Parker MacCarthy (Member at Large). Robert Smethurst, Q.C., Executive Director
President's Report (continued) the Branch in various activities. Without doubt, our ability to respond in a coordi nated manner to legislation and law reform has increased significantly with the as sistance of Ann. I would also like to thank Bonita Thompson who as chair person of the committee was instrumen tal in refocusing and redirecting these activities. Communications An expanded Law Week program in 16 locations also included two major open houses at Vancouver Provincial Court and the Law Courts. The Law Week Committee, chaired by Colin Sweeney and Sandra Cunningham, encouraged thousands of volunteers to become in volved in a variety of activities which allow the public to visit our courts and to receive information about the justice system. The extremely popular mock trials continue to be a learning experi ence for participating students. As well, the provincial essay and public speaking contests continue to be well received. The Branch's Mentor program, which pairs a Law 12 classroom and law firm, has been operating in 10 locations. An evalu ation of the program is underway and expansion will be considered for next year. Our members are called upon by the media to provide comment on a va riety of issues. The News Contacts Bro chure was again published and is re garded as a valuable resource by the media. The Communications Committee, chaired by Parker MacCarthy, has com pleted an extensive review of all Branch
communications and has provided rec ommendations to the Executive for con sideration. Lawyer Referral/Dial-A-Law: The Lawyer Referral program which is providing referrals in record numbers has been computerized so that it is now able to handle referrals more quickly and efficiently. The Dial-A-Law program also has been computerized with 24 hour, 7 day a week access to the system from touchtone phones. Well over 6,000 calls each month are received by the new system. M em ber Services: This Committee continues to evaluate, endorse and monitor a variety of mem ber services providing direct benefits and savings for members. This past year, agreements were entered into with Uniglobe Advance Travel and Corpo rate Couriers. Other successful programs include the Branch Directory, with some 9,200 copies sold; CBIA Insurance Plans, LawPac, Progroup Car Purchase, LegalSave, the Counsel Network, Section Papers, VALA/CBA C om pensation Survey, and Unibind. Branch Activities: Provincial Council has met five times and the Executive Committee has met twice each month. Many of the commit tee chairpersons have also met with the Executive to discuss programs and ac tivities. The annual Section Chairpersons meeting as well as the Local and County Bar Presidents meeting were once again organized by the Branch. A special presentation on how to deal effectively with the media was also presented to the
WESTMINSTER: Therese Alexander, David Brine, Craig Goebel, Ravi Hira, Grant Taylor, Wendy Young YALE: Kenneth Christensen, Glenn Einfeld, James Horn, James Horne, Howard Pontious
Local and County Bar presidents. The Bench and Bar dinner was again sold out. Winter Convention '91 featured an outstanding substantive and social pro gram. Unfortunately, the number of registrations was down from projections this y e a r.' A binder of fourteen papers presented at the Convention has been made available to members. Special ac knowledgement is certainly due Winter Convention Chair Eric Rice and his hard working committee. The many visits to Local and County Bar Associations during the year have been both informative and pleasurable. As the Branch representative, I also had the pleasure of attending numerous swear ing-in ceremonies, the Alberta Branch meeting, and several other meetings and functions. Conclusion: While this report provides you with only the highlights of the Branch activities, hopefully it serves to emphasize the variety and scope of activities that are under taken. I am extremely grateful for the hard work of the Executive Committee mem bers who have spent long hours in estab lishing and implementing policy. I am also gratefu l to P rovincial C ouncil members, including the Section chairs, who attend meetings and so readily answer our call for assistance on a vari ety of issues. On a final note, I would like to thank the entire Branch office staff for their assistance during the year. Terry La Liberte President 1990/1991
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ANNUAL REPORT
CANADIANBARASSOCIATION(B.C. BRANCH)
From the B.C. Branch Executive Director... The Branch's activities fall into several distinct categories and this thumbnail sketch provides you with an overview of the wide variety of activities undertaken by the association on your behalf during the 1990/91 fiscal year. Meetings and Minutes: Notices, minutes, facilities arrangements and registration were undertaken for: the Annual Meeting, Winter Conven tion. Provincial Council, Executive, and over 60 Committee meetings. The Bench and Bar dinner, Local and County Bar and Section Chairs meetings were also held. Section Activities: Some 3,306 lawyers enrolled in 46 sec tions. The Branch office coordinated and mailed 294 sections notices and minutes to 12,802 section members. Lawyer Referral: The Branch office handled 36,200 calls and province-wide provided over 47,000 referrals. The increased number of re ferrals from the Branch office was made possible by the installion of a new com puter database to handle the increasing number of referrals. As well, a panel re registration was completed. Dial-A-Law: An inter-active computer system was installed allowing 24 hour, 7 day a week access to the 135 tapes from touch-tone phones. The service received some 68,000 calls and played 42,000 tapes. Over25,000 brochures were distributed. Communications/Public Relations: Law Week activities in Vancouver and 16 other locations throughout the prov ince again provided a variety of activi ties from mock trials, to open houses, to visits in the classrooms by lawyers. The Barry Sullivan Cup for Public Speaking and a provincial essay contest were held. Kelowna student Carmen Brown's es say was chosen as both provincial and national essay winner. BarTalk was published eight times this year and continues to be received fa vourably by the members, especially the SectionTalk and Legislative Update sec tions. A weekly question and answer column,
Legal Probe, has been initiated in the Vancouver Sun with the responses pro vided by our Sections. The Mentor program which partners a Law 12 class and a law firm, was piloted in 10 locations throughout the province. An evaluation is underway to determine continuation and expansion of the pro gram. The Branch's Speakers' Bureau provided speakers for various community and school groups. A number of media releases, developed by the Legislation and Law Reform Committee, were distributed on a vari ety of topics of interest to the public. Member Services: The third volume of the B.C. Lawyers Telephone, FAX and Services Directory was completely sold out with some 9,200 copies distributed. The fourth set of 56 Section Papers were published with some 1,123 copies sold. Overall, the Branch endorsed products and services generated some $64,578 in revenue. The program includes CBIA Group Insurance Plans, Lawpac, Home Insurance, Court forms, Dial-A-Law binder, Section Papers, VALA/CBA Compensation Survey, Legalsave, ProGroup Car Purchase Plan, Unibind, Directory and the Counsel Network. Two new agreements were entered into this year with Uniglobe Advance Travel and Corporate Couriers. Both programs will provide substantial savings to members. Alistair Eagle Photography was designated as the Branch official photographer. Administration: The Branch budget is approximately $1,700,000 and with increased activity of the association, the Branch staff con tinue to provide assistance to the Execu tive and Provincial Council to ensure that the daily operation of the Branch is undertaken in a cost-effective and effi cient manner. . New computer terminals and printers were installed this year to handle the substantially increased volume of ad ministrative work required to provide
Robert Smethurst, Q.C., Executive Director more detailed management information reports in a timely fashion. The Branch office fields thousands of calls a year for information from law yers, government, the courts, members of the public and the media. As well, the Branch staff assist the Sections and Committees in preparing and distribut ing submissions to government and others on draft legislation or law reform initia tives. The Branch provided substantial support to the Legal Aid Liaison Com mittee with regard to the legal aid job action. The Branch staff was increased by one support staff and some of the existing staff responsibilities were re-organized. I extend my sincere appreciation to the Branch staff who help me to provide the high level of service which our members have come to expect. The Branch staff includes: Vicki Streeter (Assistant Director-Administration), Larry Hnetka (Assistant Director-Communications), Fran Hodgkins (Section Secretary), Dorothy Sawczuk (Dial-ALaw), Barbara Murphy (Executive Sec retary), Fiona Wensrich, Johanna Block and Daphne Seagram (Lawyer Refer ral), Kaayla Kenna (Bookkeeper), Deb bie Atherton (Receptionist) and Ruth Fraser (Office Assistant). Their diligent work on your behalf help to make my job a pleasure. And a final word of appreciation to the many Local and County Bar groups including members of the Kootenay, Courtenay, Vernon and Prince Rupert Bars whose exchanges of ideas and con cerns helps us to monitor and plan our programs. Robert Smethurst, Q.C., Executive Director
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ANNUAL REPORT
CANADIANBARASSOCIATION(B.C. BRANCH)
Section activity highlights... SECTION CHAIRPERSONS 1990/91 ADMINISTRATIVE S. Bradley Armstrong Elyn M. Underhill AIR LAW ALTERNATE DISPUTE RESOLUTION David L. Rice Jim I. Reynolds BANKING LAW Edwin M. Lewin BUSINESS LAW Georgialee Lang CIVIL LIBERTIES CIVIL LITIGATION Gregory J. Nash VANCOUVER CIVIL LITIGATION VANCOUVER ISLAND Richards S. Margetts COMPUTER LAW James D. Spears CONSTITUTIONAL David L. Varty CONSTRUCTION LAW Stuart B. Hankinson CORPORATE COUNSEL Miriam Kresivo CRIMINAL JUSTICE KAMLOOPS Alexander (Sandy) P. Watt CRIMINAL JUSTICE OKANAGAN Paige L. Johnstone CRIMINAL JUSTICE PRINCE GEORGE Stephen E. Gosh CRIMINAL JUSTICE VANCOUVER Heather J. Holmes CRIMINAL JUSTICE - VICTORIA Evan C. Blake CRIMINAL JUSTICE WESTMINSTER Gregory M. Rideout ENTERTAINMENT John G. Smith ENVIRONMENTAL LAW Valerie L. Osborne FAMILY LAW KAMLOOPS Katherine Le Reverend FAMILY LAW OKANAGAN Robert A. Clarke FAMILY LAW ■VANCOUVER Paul Daltrop FAMILY LAW - VICTORIA Monna Huscroft FAMILY LAW - WESTMINSTER Brenda Kaine GENERAL PRACTITIONERS PRINCE RUPERT John Bandstra HEALTH Janice R. Dillon IMMIGRATION Mobina S.B. Jaffer INSOLVENCY Donald G. Seaton INSURANCE Bryce A. Dyer INTERNATIONAL Maurice Copithorne LABOUR Shona A. Moore LEGAL RESEARCH Jill Leacock MARITIME Gordon Bisaro MUNICIPAL Guy E. McDannold NATIVE JUSTICE Vina A. Starr NATURAL RESOURCES FORESTRY Gregory J. Jones NATURAL RESOURCES MINING OIL AND GAS David J. Cowan REAL PROPERTY OKANAGAN Howard R. Berge REAL PROPERTY - VANCOUVER Lynda C. Darling REAL PROPERTY - VICTORIA Paul Scambler TAXATION William A. Ruskin WILLS & TRUSTS VANCOUVER Hugh McLellan WILLS & TRUSTS - VICTORIA Fiona Hunter WORKERS’ COMPENSATION Alan Winter YOUNG LAWYERS Margaret Sasges
The 46 Branch Sections provide mem bers with the opportunity to meet and discuss various issues of both substan tive law and professional concern. Three new Sections, Legal Research, Health and Native Justice, were initiated this year. Some 3,306 lawyers were enrolled in the 46 Branch Sections dur ing 1990-91. This year 307 Section no tices and minutes were sent to 12,802 section members. The following synopsis provides some highlights of Section Annual Reports for the July 1990 to June 1991 program year. Administrative Law: Five meetings were held and featured guest speakers on topics from develop ments in administrative law to sexual harassment grievance procedure, coro ners' inquiries and procedural changes of the Workers' Compensation Board. Air Law: GST and PPSA and their relation to air craft, the Safety Board of Canada, and Ministry of Transport aircraft registra tion were some of the topics discussed at the seven luncheon meetings held by the Section. Banking Law: The Section's monthly meetings provided speakers who discussed PPSA, the new Bank Act, aircraft and ship financing. A special Section com m ittee provided comments which resulted in amendments to PPSA regulations. A standard form security agreement drafted by Lorne Milne of Taylor M cCaffery Chapm an was prepared. The royalties have been do nated to the CBA. Business Law: Recognized experts kept members upto-date on emerging substantive busi ness law during eight meetings held by the Section. Some topics included PPSA, GST, environment law and native land claim impact on commercial practice, directors and officers liability coverage, and plain language. Civil Liberties: Section members participated in joint meetings with the Civil Litigation and Constitutional Law Sections and the
International Law Section. Topics in cluded freedom of expression and abo riginal issues. The Section Executive was active in providing responses to media requests. Review of the Adult Guardianship legislation, the Mental Health Act and Property Rights Act were also undertaken. Civil Litigation: Eight meetings presented speakers in cluding Associate Chief Justice Campbell, the Honourable Madame Justice McLachlin and the Honourable Mr. Justice Cory. Topics included court merger, appellate advocacy, client7s view of liti gation, freedom of expression, GST and litigation, liability in contract and tort. The Practice Points Panels were again well received. Computer Law: The Section focused on computer user issues and law office economics with productivity savings for lawyers and staff as the main agenda for its seven meetings. Constitutional Law: The Section was extremely active with eight meetings and notable speakers including Chief Elijah Harper, the Hon ourable Mr. Justice Cory and the Hon ourable David Peterson. Topics included minority language rights, freedom of ex p ressio n , the A lla ire R ep ort, constitutional issues facing native peoples, and various current constitutional is sues. Corporate Counsel: Meeting topics included crisis commu nications, libel in the corporate setting, officers and director's duty of disclo sure, law of privilege and environmental issues. Six meetings were held and were well attended. Criminal Justice (Kamloops): With 10 meetings held this year, a vari ety of issues were discussed with no table guest speakers including: Mr. Justice Macfarlane, R. Peck, P. Leask, G. Orris, Attorney General R. Fraser, and John Scott. The legal aid tariff was also a focus at a number of meetings. Criminal Justice (Vancouver): Monthly meetings of the section have
Suite 2000, Box 125171 1066 West Hastings Street Vancouver, B.C. V6E 3X1 Telephone (604) 687-2711 Fax (604) 685-6569
Pannell Kerr MacGillivray Chartered Accountants
AUDITORS' REPORT
To the Members of The Canadian Bar Association British Columbia Branch
We have examined the balance sheet of The Canadian Bar Association, British Columbia Branch as at June 30,1990 and the statement of operations and surplus for the year then ended. Our examination was made in accordance with generally accepted auditing standards, and accordingly included such tests and other procedures as we considered necessary in the circumstances. In our opinion, these financial statements present fairly the financial position of the Branch as at June 30, 1990 and the results of its operations for the year then ended, in accordance with accounting principles as set out in the notes to the financial statements applied on a basis consistent with that of the preceding year.
Vancouver, Canada Jjily 31, 1990
Chartered Accountants
Offices across Canada -- Member Firm Pannell Kerr Forster Worldwide
T h e C a n a d ia n B a r A s s o c ia tio n B r i t i s h C o lu m b ia B r a n c h B a la n c e S h eet a s a t Ju n e
30 , 1990
ASSETS 1990
1989
$ 304,640
$ 332,292
ACCOUNTS RECEIVABLE
28,722
20,674
EXPENSES PAID IN ADVANCE
32,003
37,150
COMPUTER SYSTEM, net of amortization (Note 1(d))
35,404
50,000
$400,769
$440,116
$ 33,565
$ 48,423
55,206
59,185
189,964
174,521
BANK LOAN (Note 2)
35,403
50,000
RESERVE FUND (Note 4)
28,208
25,000
SURPLUS
58,423
82,987
CASH
LIABILITIES AND SURPLUS
ACCOUNTS PAYABLE AND ACCRUED LIABILITIES DEPOSITS AND GRANTS RECEIVED IN ADVANCE DEFERRED MEMBERSHIP FEES
T h e C a n a d ia n B a r A ssociation B rit ish C o l u m b ia B ra n c h Sta tem en t
of
O pe r a t io n s
and
Su r plu s
FOR THE YEAR ENDED JUNE 3 0 , 1 9 9 0 REVENUE From Members Branch Assessments Rebates from National Association
$
Branch Operations Section registration fees Winter Convention Member services Interest Sundry Income Directory sales and advertising Newsletter (Bar Talk) Bench and Bar dinner
1990
1990
1989
Actual
Budget
Actual
379,573 390,823
;
379,500 376,000
$
368,929 313,231
121,809
139,158 55,963 61,250 25,834 6,581 155,756 7,004 15,345
133,500 60,000 60,000 22,000
15,570
13,800
181,365 30,000 74,292 5,250 602
111,655 29,500 74,292
125,000 29,466 76,140
1,528,796
1,444,017
1,324,442
664,195 171,518 165,830 346,914 185,902 19,001
619,665 150.000 167.000 324.000 188,500
20,000
496,564 141,264 158,810 290,076 142,209 23,565
1,553,360
1,469,165
1,252,488
( 24,564)
( 25,148)
71,954
54,765 53,041 21,119 3,159 143,983
6,000 166,000 10,000
Grants Dial-A-Law Law Week Lawyer referral service Sustainable Development Action Fund Environmental Partners Fund
EXPENSES Activities Meetings Mailings Personnel Office Financial
EXCESS (DEFICIENCY) OF REVENUE OVER EXPENSES FOR THE YEAR
25,000
TRANSFER TO RESERVE FUND BALANCE OF SURPLUS (DEFICIT) FOR THE YEAR SURPLUS, beginning of year SURPLUS, end of year
$
( 24,564)
( 25,148)
46,954
82,987
82,987
36,033
58,423
$
57,839
$
82,987
T h e C a n a d ia n B a r A s s o c i a t i o n B r i t i s h C o lu m b ia B r a n c h N o te s t o th e F in a n c ia l S ta te m e n ts Ju n e
30, 1990
11 SIGNIFICANT ACCOUNTING POLICIES
2. LOAN
a) Membership fe e s Branch assessments and rebates from the Law Society and the National Association relate to a membership year ending on September 30. Accordingly, that portion of the fees received which relate to the period from July 1 to September 30 is carried in the accounts as deferred mem足 bership fees.
To finance the purchase of the computer system in 1989, the Branch obtained bank financing in the form of a demand note. Interest on this note is at, and fluctuates with, the bank's prime lending rate. The Branch is repaying the loan with blended payments of interest and principal of $1,715 per month.
b) Section mailingfe e s The Branch assesses a non-re fundable fee to partici足 pants in section mailings, covering a mailing period which extends for the fiscal year.
3. LEASE COMMITMENT
c) Expenses Administrative and other expenses are recorded on the accrual basis. d) Office equipment and leaseholds It is the practice of the Branch to record as an expense for the year the purchase of office equipment, furnishings and leasehold improvements. Major acquisitions of equip足 ment and leasehold expenditures which are financed with borrowed funds, are amortized so as to coincide with retirement of the related borrowings. Equipment acquired through a capital lease is charged to operations as lease payments are made. During the year ended June 30, 1990, purchases of equipment and leasehold improvements amounted to $15,670 (1989-$6,312).
The Association has a lease with the Law Society of British Columbia. Annual rental under this lease is $31,006, plus the tenant's portion of operating costs and municipal taxes.
4. RESERVE FUND A Reserve Fund has been established by the Branch. The first effective transfer to this Fund ($25,000) was budgeted out of the surplus for the year ended June 30,1989. Disbursements out of this Fund are to be made only with approval of Provincial Council. The Branch invests this Fund separately and credits the Fund with interest accumu足 lated thereon. For the year ended June 30,1990, interest of $3,208 was added to the Fund.
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ANNUAL REPORT
CANADIANBARASSOCIATION(B.C. BRANCH)
Section activity highlights... featured such guest speakers as Madam Justice McLachlin, Mr. Justice Wood, Professor Christine Boyle, Ombudsman Stephen Owen, Chris Evans, Q.C., of the Alberta Bar, Michael Hill and John Kable. Ten committees work on law reform and : policy work for the section including practice problems such as the lack of facilities for face-to-face client interviews at many courthouse lock-ups. The Legal I Aid Action Committee grew from the Section and established a province-wide mandate to organize the job action initia tives of legal aid lawyers. For the third year in a row, the Draft Criminal Code Working Group met on Thursday morn ings. This committee is reviewing the host of significant proposals in the crimi‘ nal law area which the federal Law Re form Commission and the Department of Justice have put forward. Criminal Justice (Victoria): Seven regular and three special meet| ings were held by the Section. Topics varied from discussions of the pros and i cons of appointing a director of public prosecutions for B.C. to issues relating to search, seizure and restoration of propI erty. The Section also focused on discus\ sions concerning the legal aid job action. Criminal Justice (Westminster): : Speakers addressing the five Section meetings focused on providing comment into current issues relating to the ConstiI tution Act as well as adding insight from i a practice point of view in relation to trial | work and speaking to sentence. Discus| sions regarding the legal aid job action j and support of the Canadian Bar Asso| ciation (B.C. Branch) resolution were also | a focus for the Section. Entertainment Law: The Section held six meetings this year. Topics discussed by noted specialists included copyright, negotiating with units in film production, the application of the GST to the motion picture industry, producers and lawyers, and financing film productions. A special buffet break fast was held in March during the Juno Awards. Environmental Law: The Section held eight meetings discuss ing a variety of topics such as the Federal Environmental Impact Assessment, global warming and law of the atmosphere, the
Hazardous Waste Management Corpo ration, conservation easements over land, access to environmental information, alternative environmental dispute reso lution and toxic tort litigation and asbes tos cases. The Section is providing comment on four government legisla tive or policy proposals and has estab lished six special committees. Of par ticular note, the Drinking Water Quality Committee has been appointed a mem ber of the newly formed B.C. Coalition for Safe Drinking Water. Family Law (Kamloops) Seven meetings have been held focusing on new legilsative amendments and procedures. Guest speakers includeed M aster Powers, the Director of the Kamloops Youth Resources and Direc tor of Family Court Services. The legal aid job action was also a major focus for the Section members. Eleven local tele vision programs were undertaken with many local practitioners participating as guest speakers. Family law topics for the program ranged from mediation and counselling to uncontested divorces, to maintenance and alimony to division of property and sexual abuse in family break ups. Family Law (Victoria): Topics addressed in the six regular meetings of the Section included stress management, DNA paternity testing, Chambers practice, pre-trial conferences and joint custody, and division of pen sions on marriage breakdown. The Section particularly appreciates the continued participation of the judiciary in the meetings. An extraordinary meeting of the Section in March focused on the legal aid job action. Family Law (Westminster) In addition to six Section meetings, members participated in Law Day at the New Westminster Courthouse. A Sec tion Sub-Committee is developing a response to the Law Reform Commis sion's working paper on division of pensions. General Practitioners (Prince Rupert) Four meetings were held to discuss GST, the new Tariff of Costs, Registry and Registrar's practice.
Health Law Section Four meetings, including a joint meeting with the Immigration Section, were held. Meetings have been well attended and considerable follow-up work was un dertaken on the issue of reproductive technology in response to the Royal Com mission on Reproductive Technology. Insolvency: Two meetings of the Section were held which featured speakers providing in formation on the Companies' Creditors Arrangement Act and the application of the GST for insolvency practitioners. Insurance Law: The six meetings of the Section focused on disseminating information with re spect to practical topics relating directly or indirectly to insurance law. Speakers' presentations included topics such as: procedures and considerations to fire loss claims, automobile insurance, and bad faith claims against liability insur ers. The Section also struck a special committee to clarify the manner in which defence lawyers acting for various in surers should be handling the GST. International Law: The Section held eight meetings includ ing a joint meeting with the Environ mental Law Section and the United Nations Association which focused on international law and the atmosphere. Another joint meeting with the Civil Liberties Section discussed aboriginal issues. Other Section meetings focused on topics such as environmental barriers to free trade, dispute settlement with China, dispute resolutions under the Canada-U.S. Free Trade Agreement, trade liberalization and trade protection, and trilateralism issues in the Canada-U.S.Mexico free trade discussions. Legal Research: This new Section is comprised of both practicing lawyers and those involved in legal publishing and legal education. Seven Section meetings featured speak ers providing information on topics such as the UBC faculty of law artificial intel ligence project, reference services, re searching the law of the Commonwealth, and electronic distribution of judgements. Maritime Law: The Section held eight meetings with
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ANNUAL REPORT
CANADIANBARASSOCIATION(B.C. BRANCH)
Section activity highlights... many notable speakers. The Section was instrumental in supporting the tax free designation of Vancouver for interna tional shipping, preparation of a bro chure on local maritime legal services for circulation in the Far East, participa tion in the National Review Panel on Oil Tank Safety and review of problems with the new Supreme Court Rule 55 regard ing admiralty jurisdiction.
Real Property (Okanagan): The Section held four meetings in Kelowna. Main topics for discussion were the Personal Property Security Act and GST.
Municipal Law: The nine Section meetings have focused on case comments and updates on legis lation of interest to municipal lawyers. Featured speakers at meetings provided information on local government and the Environmental Appeal Board, financ ing local government, native self gov ernment and proposed contaminated site legislation. Ministry of Municipal Af fairs policy papers regarding the elec tion sections of the Municipal Act are under review by Section members.
Real Property (Vancouver): The Section held regular meetings on the first Monday of each month. A variety of guest speakers presented information on topics such as: PPSA and real estate practice; mortgage payout statements; GST; minimizing environmental liabil ity in real estate transactions; disclosure statements and proposed amendments to the Real Estate Act; fraudulent convey ances, and proceeds of crime legislation. A committee was formed to review the Land Title Act amendments. The com mittee formed to review PPSA amend ments was successful in recommending changes to the act. Committees also reviewed the new Condominium Act and Real Estate Act.
Native Justice: This new Section enrolled 130 members and held eight meetings this year. Top ics addressed by the Section included: developing Indian Reserve land, abo riginal rights litigation, impact of envi ronmental legislation on Indian reserves and lands subject to aboriginal claims, Indian tax law, and the Gitksan Land Claim decision.
Real Property (Victoria): Ten meetings of the Section focused on themes such as insurance issues in real property transactions, proposed expan sion of notary's practice, expropriation, revisions to the Professional Conduct Handbook, impact of GST on real prop erty transactions, settling of certificates and related closing documents on GST issues.
Natural Resources (Forestry): At the three Section meetings held this year, topics discussed included reports and recommendations made regarding timber harvesting and contractor clause regulations under the Forest Act. The Chairman of the B.C. Forest Resource Commission addressed Section mem bers regarding his report on the future of our forests. The Section also struck a study group to review and comment on the report.
Taxation: The main topics of the eight Section meeting have been tax consequences of corporate reorganizations, real estate syndication, taxation of aboriginal per sons, proposed technical amendments to the Income Tax Act, disclosure docu ments to Revenue Canada Taxation, struc turing offshore investments and the general anti-avoidance rule.
Natural Resources (Mining, Oil & Gas): Four Section meetings have been held with topics under discussion primarily focusing on securities law. Speakers discussed: the Petroleuih Law Associa tion and U.S. securities law; the Em ployee Investment Program; cross-bor der securities law issues; and recent policy changes of the Vancouver Stock Exchange.
W ills and Trusts (Vancouver): The Section has been extensively involved with law reform this year including addressing the following issues: desig nations of RRSP beneficiaries, adult guardianship, probate fee tariff elimina tion, illegitimate children as beneficiar ies under a will, Estate Administration Act, Section 135 Affidavits, and alterna tives to oaths. The subject of the Notary Public proposal to probate estates is an on-going concern of the Section. Many
of the Section members contributed to Continuing Legal Eduction courses and have been involved in the new Probate Practice Manual. An index of all Section minutes has been completed and circu lated to Section members. The index will be updated annually. Wills and Trusts (Victoria): An effort was made this year to expand meeting topics to a broader perspective for wills and trusts practitioners. Some topics at the seven meetings this year included: expansion of notaries' public practice; an overview of Victoria com munity and long term care facilities; Probate Practice Manual; plain language; legal aid tariff; update on the public trustee's office and function; and assist ing clients during the grieving process. Workers' Compensation: The Section held six meetings which focused on providing relevant informa tion for practitioners in this area. A submission was filed with the new Board of Governors of the Workers' Compen sation Board concerning the issue as to whether the WCB should compensate a party for legal costs in workers compen sation claim proceedings. Comments were also sent to the WCB regarding the proposed practices and procedures of the new WCB Appeal Division. Young Lawyers: A variety of activities were undertaken by the Section including a presentation by Judge E.D. Schmidt on the new Small Claims Court; the annual Judge's Din ner was hosted by the Section; commu nication of the legal aid job action activi ties was undertaken; discussion of alter native work options such as job sharing was given; a presentation on developing and maintaining an appropriate client case load was given. A variety of public service activities were also engaged in such as Law Day '91, the law school liaison program, legal assistance to nonprofit organizations, and career days in schools. A salary survey was also undertaken to assist young lawyers in negotiating with firms. Results will also be provided to the Gender Bias Commit tee if appropriate.
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ANNUAL REPORT
CANADIANBARASSOCIATION(B.C. BRANCH)
Committee activity highlights... STANDING COMMITTEES
Sustainable Development Action Plan
Law Society Liability Insurance
Bill Andrews
Communications
Bruce Woolley
Tariff of Costs
Law Society Paralegalism Sub-Committee
J. Parker MacCarthy
Jim Carfra
Parker MacCarthy
Membership
Winter Convention 1991
Law Society Planning Committee
Rob Gourlay
Eric Rice
Wendy Baker
Law Society Multi-Disciplinary Practices Sub-Committee
COMMITTEES OF THE EXECUTIVE Budget and Finance
JOINT COMMITTEE WITH THE LAW SOCIETY OF BRITISH COLUMBIA
Rob Gourlay
William McFedridge
Law Society Proceeds Crime Committee Rob Gourlay, Terry Siebold and Peter Fairey
Law Society Liaison
Bench & Bar Dinner
Law Society Communications Committee
Wendy Baker
Eric Rice, Co-Chair
Parker MacCarthy, Richard Swift
Legislation and Law Reform Liaison
Joint Annual Meetings 1991
Law Society Solicitor’s Practice Committee
John Waddell
David Brine, Co-Chair
John Waddell, Robert Shouldice, Ian Cassie, Norine MacDonald
Local and County Bar Liaison
Legal Aid Liaison
JohnJWaddell
Terry La Liberte, Co-Chair
Law Society Special Fund
Resolutions
Legal Support Services
Marina Pratchett
Robert Smethurst
Anthony DuMoulin, Co-Chair
Personal Property Registry - User Forms
Section and Committee Coordinator
Roderick McCloy
David Brine
SPECIAL COMMITTEES
Premises Committee OTHER COMMITTEES ON WHICH THE B.C. BRANCH HAS A REPRESENTATIVE:
George Reilly, Robert Smethurst
Professional Conduct Handbook Committee Jeff Scouten, Chairperson
Advisory Committee to Judicial Council of B.C.
Janine Thomas, Chairperson
Terry Robertson
C.B.I.A.
Cost of Law Reporting Sandra Cunningham
Georges Goyer, Edward Horsey and John Waddell
Court Services (Joint)
Civil Sheriffs Committee
B.C. Courthouse Library Society
Gordon Turriff
Murray Clemens
Dial-a-Law and Lawyer Referral Advisory
Continuing Legal Education Society
Anthony Palmer
Treasurer, Peter Fairey, Peter Ramsay, Don Brown and Peter Voith
Governmental Affairs Russell Lusk
Law Week Planning
Court Interpreters’ Program Advisory Committee
Sandra Cunningham and Colin Sweeney, Co-Chairs
Gender Bias
Legal Aid Tariff
Wendy Baker
David Martin, Chairperson
Jack Olsen
Inter-Jurisdictional Law Firm Committee
Legal Services Plan
Gerald Kambeitz
Peter Kennedy
Joint Tax Committee
Legislation and Law Reform
William Ruskin
Bonita Thompson
Judicial Appointments Committee
Mailing Lists Policy
Irwin Nathanson
James Vilvang and Robert Smethurst
Judicial Council of B.C.
Member Services
Terry La Liberte
Shelley Tratch and Robert Smethurst, Co-Chairs
Law Courts Education Society
Merger of Federal Courts
Law Foundation of B.C.
Norman Mullins
Alec Robertson and Peter Fairey, Governors
Howard Pontious
Notaries Public
Law Society Benchers Meeting
Jane Purdie
Wendy Baker
Provincial Judges’ Salaries and Pensions Terry La Liberte
Law Society Custodian and Review Committee
Public Legal Education and Information
David Brine
David Mossop
Reproductive Technology
Law Society Implementation of Legal Assistant Certification Program
Janice Dillon
Anthony DuMoulin
While much of the work of many of these committees is behind the scenes, a few highlights of those committees sub mitting annual reports follow: Advisory Committee to the Judicial Council of British Columbia: Three additional members were added to the Committee this year due to the unprecedented number of applications for Provincial Court appointment in 1990. The Committee Reports are a signifcant factor in determining whether an appliation for appointment is sucessful. Bench and Bar Dinner The Bench and Bar Dinner was held on Nov. 13, 1990. The almost sold-out audience enjoyed witty and probative remarks from the Honourable Chief Justice McEachern and honoured Ted Hughes upon his retirement. Communications: As a standing committee, this commit tee worked on increased coordination of activities with other Branch committees and groups whose mandate includes an internal or external communications function. As well, increased communi cation and dissemination of information through the Local and County Bar Asso ciations was developed. The high level of activity by the Legislation and Law
ANNUAL REPORT
CANADIANBARASSOCIATION(B.C. BRANCH)
Reform Committee was supported by communications initiatives including an increased use of media releases. The News Contact Brochure is a valuable resource for media persons. The Van couver Sun Legal Probe column was initiated. Committee members also reviewed and advised on 26 LegalWise television programs. Legal Aid Liaison: The Committee was extremely active and met regularly to review the current legal aid structure in B.C. Committee members worked in close cooperation with the Legal Aid Job Action Commit tee when this group of primarily legal aid lawyers made their decision to initi ate job action. As a joint Committee, representations were made to govern ment to urge an increase in funding allocated to legal aid. Legislation and Law Reform: This Committee focused on establishing and maintaining a closer relationship between the Branch, its Sections and the government. Legislation and Law Re form Officer Ann McLean provided assistance to the Sections, Committees and Executive in preparing, presenting and implementing various reports and recommendations. As well, increased contact with government officials at various levels was implemented. A Guide to Formatting Submissions and a Legisla tive Agenda were prepared. Through Legislative Update in BarTalk, the Committee provided members with information on changes to the law and other legislative matters of interest. Copies of government discussion papers and first reading bills were distributed to appropriate Sections for comment. Joint Court Services: The Committee, in its fifth year of opera tion, met with the Court Services Divi sion of the Ministry of the Attorney General. Of particular note this year, following the suggestion of the Commit tee, audio recording of Judges' and Masters' decisions in Chambers was implemented. The Committee contin ues to monitor plans for the new Robson Square facility and has provided com ment on courthouse facilities in Victoria and Port Coquitlam. Major changes to the court reporting program to be imple mented in October 1991 are currently under discussion.
Member Services: This active Branch Committee is man dated with reviewing, endorsing and monitoring various products and serv ices provided to members. New pro grams endorsed this year include Uniglobe Advance Travel and Corporate Couri ers. A sub-committee oversees the an nual publication of the very successful Lawyers Telephone, FAX and Services Di rectory of which some 9,200 copies were sold this year. Other programs offered to members include CBLA Group Insur ance Plans, LawPac, Home Insurance, Court forms, VALA/CBA Compensa tion Survey, ProGroup Car Purchase Plan, Unibind, and the Counsel Network. Resort discounts have also been arranged. Law Society Liaison: Vice-President Wendy Baker is the liai son person with the Law Society and attends regular monthly bencher's meet ings. Major topics addressed this year include the acquisition of new premises for the Law Society and related legal groups; interjurisdictional law firms and practice and its impact on insurance discipline and the special compensation fund; Professional Conduct Handbook; withdrawal of services by legal aid law yers; establishment of the Gender Bias Committee; and government relations. Local and County Bar Liaison: An annual meeting of the Branch and Local and County Bar presidents was held in October 1990. As well, fourteen Local and County Bar presidents met at Winter Convention to discuss increased communication and co-operation. Law Week: The Committee plans, organizes and implements Law Week activities through out the province. A province-wide es say contest and the Barry Sullivan Law Cup for Public Speaking competition are managed by the Committee, Two major open houses in Vancouver at the Provincial Court at 222 Main and the Law Courts at 800 Smith were held. Activities at other locations throughout the province included open houses at the courts, mock trials, lawyers' visits to the classrooms, and speaking engage ments. Notaries Public: The Committee was created in 1989 and prepared a report regarding proposed expansion of notaries practice. Reports
and letters received by the Committee continue to show that notaries practice beyond their areas of expertise and geo graphical authority. The Committee intends to act as a clearing house for information with regard to notaries public and the dissemination of information as to the progress of the anticipated legisla tion should it reappear on the Order paper. Prepaid Legal Services: Green Shield Prepaid Legal Services continues to be the only open panel plan in B.C. However, while marketing was undertaken this year, no employee groups have elected to join the plan. The Plan representatives are confident that sales will be made in the coming year. Public Legal Education and Information: The Committee reviewed the Attorney General's project report, Public Legal Education Review, and participated in follow-up activities to discuss imple mentation strategies of some of the re port's recommendations. Sustainable Development: The Committee was established in 1989/ 90 to encourage lawyers to recycle and use recycled paper and to prepare a brief identifying key B.C environmental law reform issues and to provide recom mendations. The Recycling Sub-com mittee hired John Mostowich, a summer law student, who assisted law firms establish recycling programs and to use recycled papers. The Law Reform SubCommittee published and distributed 1,000 copies of Law Reform for Sustainable Development in B.C. with funding from the Law Foundation of B.C. This publi cation was widely distributed and its recommendations are receiving serious consideration. Winter Convention '91: Getting to the Millennium (Challenge of Change - Practicing in the '90s) was the theme for an informative substantive program on a variety of topics. An enjoyable social program including a Karaoke evening with special entertain ment provided by the Japanese Consul and the First Annual Black and White Ball, were featured. Although atten dance was below what had been pro jected, the conference attendees agreed that the program was of the highest cal ibre and was informative.
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Branch budget highlights Provincial Council meeting B.C. Branch Budget 1991/92 A graphic representation of the approved budget for 1991/92 is shown in Figure 1. It is expected that Branch revenue will be approximately $1.94 million and that the budget is a break-even budget with a very modest surplus anticipated. This com pares with a 1990/91 budgeted revenue of ap proximately $1.66 mil lion.
Figure 1 Income
Secretary-Treasurer Robert Gourlay noted that there is no Expenses increase in CBA fees other than a modest cost of liv ing increase in National CBA fees. Section fees reflect an increase of $5 per Section to receive N otices and M inutes; members are still able to receive two free Section Personnel notices. 22.3
Resolution debated At the June 21 meeting, Provin cial Council supported a resolu tion to urge members not to par ticipate in anonymous surveys of Judge's performance conducted for the purposes of the media. The resolution noted that there are legitimate channels to express dissatisfaction with respect to Judge's decisions or conduct; that anonymous surveys which do not require specific evidence of the complaints or the participant to defend his/her position are un fair; and, Judges criticized in the media as a result of such surveys are unable to respond to this cri ticism. Members indicated a serious lack of information about the Judicial Council, its mandate and its op
Committee Reports: Joint Court Services Committee Chair Gordon Turriff reported that he was extremely disap M em b ersh ip s pointed that the proposed 44.8 changes to the court re porting system had not been made in consulta tion with the Bar repre sentatives of the com mittee. However, he Section M ailings reported that he had 10.3 been informed at the M em ber S ervices 4.9 meeting by the Assist ant Deputy Attorney General that the an nounced plan would not be implemented. Instead, a pilot program will be implemented to evalu ate the existing court reporting program as compared to a pro gram of audio record ing/transcribing and the Bar would be con sulted during this eval uation.
eration, and suggested that fur ther information be made availa ble. Executive Election results are reported on page 1 of this issue. Sections: Section Coordinator David Brine reported that another successful year of Section activity had oc curred. The 46 Sections held over 300 m eetings. Brine com plimented the three new Sections, Native Justice, Health and Legal Research, for their work during their inaugural year of operation. Council approved the formation of a Criminal Justice - West Koote nay Section.
Directory Committee Chair Eric Rice reported that orders for over 6,500 of the 1992 Directo ry had been placed. The Directo ry is scheduled for publication in late September for deli very in Oc tober. Two new member services re cently endorsed include Cor porate Couriers and Uniglobe. (See announcement in June issue of BarTalk.) Law W eek C o-chairs Colin Sweeney and Sandra Cunning ham as well as local organizing chairs throughout the province were thanked for the varied and successful programs mounted during the month of April.
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Research study findings show lawyer career dissatisfaction linked to work place environment
AUSTAIR EAGLE PHOTOGRAPHY
The survey analysis show that although there is some varia tion in dissatisfaction levels by job setting, size of firm, type of position, as well as by gender, these factors are not in them selves statistically significant in determining whether an indi vidual is satisfied or not. Rather it is the work environ ment that accounts for most of the variation in satisfaction lev els. Ronald Hirsch of the American Bar Association addressed B.C. Branch members at the 1991 Annual Meeting.
Lawyers in the United States are generally satisfied with their careers but in the six years between two major surveys conducted by the American Bar Association, the survey findings show the legal work place envi ronment has deteriorated, in creases in the hours worked and the resulting decrease in personal time has become a ma jor problem, the status and ac ceptance of women has not im proved, and dissatisfaction in the legal profession has in creased. Ronald Hirsch of the American Bar Association in his address to B.C. Branch members at the June 21 Annual Meeting pro vided a brief synopsis of the findings of these two major studies, the impact a deteriorat ing work place creates, and of fered a few solutions. Hirsch's observations were based on findings from two sur veys undertaken by the ABA in 1984 and 1990 on Career Satis faction/Dissatisfaction. He not ed that he had inquired as to whether the results would be applicable to Canadian lawyers and the general comment he re ceived was that the results gen erally do describe the Canadian experience.
In 1984, the survey analysis found that the single most im portant issue why the majority of both men and women were satisfied overall with their jobs was an overwhelming presence of intellectual challenge on the job. In 1990, while the extent of intellectual challenge has not decreased, there is a marked in crease in those that are very dissatisfied with their career. "The negative work environ ment factors have overcome the satisfactory presence of intellec tual challenge," noted Hirsch. And women, across the board, continue to experience a far more negative work environ ment than men, added Hirsch. For instance the survey findings indicate that in firm manage ment involvement, 54 per cent of the women said that men have better opportunities, 29 per cent of the men share that observation and said men have better opportunities. As well, the study corroborated sexual harassment as a problem. The survey findings also clearly point out that lawyers are working more now than they did in 1984 and have less time for themselves and their fami lies. Fifty per cent of all lawyers in private practice now work 2,400 hours a year or more and 45 per cent bill 1,920 hours a year or more.
Hirsch said the survey clearly I shows that as the size of the firm gets larger, billable hour requirements become more prevalent and are more likely tell be written than unwritten. While Hirsch recognizes that many say that lawyers have to I work long hours to get ahead, I that the nature of the hours 1 worked has changed dramati- I cally. Pressures and demands I of law firms, the element of speed created by computers and fax machines, increasing lack of courtesy between law yers, are all factors creating a strain in the quality of hours worked. Whereas 61 per cent of all lawyers reported in 1984 j that they frequently felt fatigue | or worn out by the end of the work day, that percentage has risen to 71 per cent in 1990. What is the impact of the dete- 1 riorating work place environ ment? The most visible impact of a negative environment is the loss j of valued lawyers to other firms. But most important, the I survey findings show that 48 per cent of lawyers in private practice stay with their firm but 1 are not happy and would change jobs but don't feel they have a reasonable alternative, added Hirsch. Quality of work and productiv- I ity are most obvious results of deteriorating work place envi ronments. Lawyers who suffer I from depression, anxiety, psy chological stress are not able to perform their tasks and thus serve their clients or their firm. What are the solutions? "The deteriorating work place environment results in large part from management practic es that have lost sight of the im- ! portance to the law firm's self interest of treating both part ners and associates and them selves as sole practitioners and Please turn to page 11
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Research study findings (continued) that human capital is to be nur tured and developed to their maximum potential," said Hir sch. Hirsch added that sound man agement flows from a philoso phy of long-term commitment to the success of the organiza tion coupled with an under standing of business principles. The business of law firm management is not just profit. Law firms must determine oth er ways to make the firm profit able and not just take the sim ple route of making more mon ey by making non-equity indi viduals work longer hours and bill more. Hourly billing is bad from both the client perspective and an ef
ficient work force, said Hirsch. Alternative methods of billing provide flexible pricing mecha nisms and are sensitive to the value of services to the client. Hirsch notes that alternative billing methods often leads to more satisfied clients, an in crease in the client base and longer term client relationships. And it encourages the firm to work "smarter" and effectively use firm personnel and technol
ogyHirsch also recommended a management system that en courages two-way information exchange between management and associates on firm adminis tration matters. Evaluation and partnership selection processes
based on sound management principles are also advisable. And training, mentoring and flexible work schedules are im perative. A transcript of the Hirsch's pre sentation with selected compar ative statistics from the surveys is available from the B.C. Branch for $10 + GST (pre-paid).
For more information... Hirsch recommended several sources for additional informa tion. These include: I 1990 Career Satisfaction/Dissatis faction Survey ■ I State of the Legal Profession 1990 I Beyond the Billable Hour I Balancing Lives. These publications can be ordered from the American Bar Associa tion, 750 N. Lake Shore Drive, Chicago, Illinois, 60611 (Tel: 312988-5000)
Ronald Hirsch outlined management practices that lose sight of the importance of the human element in favour of the law firm's self interest. Do you recognize your firm's management policies or lack of policies in the following? ^ Lawyers are encouraged to sacrifice rather than dedicate themselves to their firms by working ever increasing billable hours ^ Information regarding firm management is shared with only selected lawyers Practice and time expectations and performance measure ments of these factors are not communicated to lawyers Training, mentoring and feedback programs are lacking or non-existent Compensation is based solely on hours worked rather than on value of service to the client and contribution to the firm ^ Equal opportunities for women and minorities are lacking ^ Work place environment promotes actions that demean, embarrass or harass lawyers and staff Client work is delegated inappropriately, if a t all ^ Lawyers have no outlet to communicate professional or personal problems ^ Collegiality, mutual support and institutional loyalty are lacking. Hirsch warns that these are management practices that de motive rather than motivate lawyers and create or contribute to a negative firm culture. The result — inefficiency, burn out and increased career dissatisfaction.
National CBA survey exclusive to participants The second annual survey of com pensation and benefits for the le gal profession in Canada is now underway. It is expected that over 100 firms, corporate and govern ment law departments will partic ipate. Covering some 80 jobs in the legal, paralegal, administration, finance and information systems catego ries, the final report will be re leased on November 15,1991 and will be exclusive to survey partic ipants, ensuring confidentiality of information. You will receive comprehensive job specifications, and input is available manually orby computer diskette. All data are checked and validated by compensation pro fessionals in order to ensure va lidity of inputs. For further information, contact Alison Morton or the Member Services Department of the CBA at (613) 237-2925 or 1-800-2678860.
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Mentor participants report successful pilot programs The pilot Mentor program es tablished by the B.C. Branch in September 1990 matched twelve law firms and Law 12 classes. At the summer Law 12 Institute last August, some 45 Law 12 teachers indicated inter est in participating in the pilot program. The initial plan was to begin the pilot project with only five partners but with such an overwhelming response, the Branch decided to proceed with twelve Mentor partners for the current year.
cessful," Clemens reported to the Branch. "The teachers called upon the lawyers to speak on specific topics such as the Constitution, criminal law and family law to augment or enhance the new Law 12 curric ulum."
Murray Clemens of Campney and Murphy and a member of the Branch Communications Committee has monitored the program during this trial peri od.
The goals of the Mentor pro gram are quite broad but fun damentally increase student un derstanding and appreciation of the legal system in B.C. and Canada. The Mentor partici pants individually establish ac tivities of mutual benefit which can include visits to the law
"The experience of the lawyers and teachers has been quite suc
President's Report (continued) the B.C. Branch to all elected members of the provincial legis lature. 1 would also like to extend a special thank you to David Brine who has served as a member-at-large on the Execu tive Committee for the past three years. David's thoughtful contribution to Executive Com mittee matters has been greatly appreciated. Branch section en rolment and activity continues to increase and David acted with great enthusiasm as the li aison between the sections and the Executive for the past few years. On a very positive note, the B.C. Branch ended the 1990/91 fiscal year in a sound financial position with a surplus of al most $15,000 for the year and an overall surplus of over $100,000. Our budget for next year is estimated at $1.9 million to continue the variety of pro grams and services from which our members benefit both pro
Law firm participation varied from individual visits to the classroom to one lawyer who attended nine different classes throughout the school year, added Clemens.
fessionally and personally. In closing, I would especially like to thank all of the many volunteers within this associa tion who give so willingly of their time to serve on the vari ous CBA committees and sec tions. It is truly your participa tion that creates a vital and rele vant organization. Terry L a L iberte CBA (B.C. Branch) P resident 1990/91
Last call to form new section Many members have expressed an interest in joining the pro posed Law Practice Manage ment Section. The Section will bring together law office administrators and lawyers who are managing their law firm. In particular, smaller law firms will be able to discuss and solic it ideas with those who spend their full time dealing with law practice issues.
firm and visits to the courts or 1 justice-related institutions. A recommendation to continue the program and to consider ex-1 pansion for the 1991/92 Branch j fiscal year has been forwarded to the Executive Committee. Law firms who are interested in i participating in the Mentor pro gram can contact Larry Hnetka, Assistant Director (Communi- j cations) at the Branch office, for complete details. The B.C. Branch Mentor Pro gram is based on a successful project begun by the Washing ton State Bar and spearheaded by Ms. Jo Rosner. The U.S. Mentor program was launched nationwide in November 1990 by Ms. Rosner with Marilyn T. Quayle as honorary chairper son.
Please fax your name to Robert Smethurst, executive director of the B.C. Branch, at 669-9601 if you are interested in joining this new Section.
Are you interested in pension and benefit matters? The CBA (B.C. Branch) would like to determine whether there are any lawyers interested in participatingin a section focusing on pension and benefit matters. This section would be of particular interest to in-house counsel as well as lawyers practising in the areas of trust, tax and labour law. The topics covered by the section would be fairly wide ranging, from an examination of the new B.C. Pensions Benefits Standards Act and recent decisions on em ployee benefits. Please indicate your interest by sending your name by FAX (6699601) by September 15, 1991 to Mr. Robert Smethurst, QC, Exec utive Director, CBA (B.C. Branch).
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Directory publication begins countdown Last minute orders for the 1992 B.C. Law Firms Telephone, Fax and Services Directory can be placed by contacting the B.C. Branch. A special pre-publication price of $14 per copy is in effect. Listing proofs have been sent to both individual lawyers and law firms which will ensure accurate and up-to-date listings.
The B.C. Branch Directory also provides comprehensive listings of courts and courts services, B.C. government ministries, commissions, and legally related organizations.
post office and the correspond ing telephone and FAX numbers of Sheriffs' Offices responsible for the service or execution of Family and Civil Documents.
Of particular interest is the spe cial Gazetteer section supplied by the Court Services Branch. This section is an alphabetical listing of places in B.C. with a
Last year's Directory print run was completely sold out. Order your copy of the B.C. Branch Directory today by calling 6873404.
Eye care campaign starts Vision 20/21 Eye Care cam paign is an investment for a clear, bright future. This new campaign is designed to raise needed funds for research and development of treatments for eye disease that cannot be treated today. The campaign is organized by the UBC Department of Oph thalmology, the VGH/UBC Eye
Care Centre, and departments of ophthalmology at UBC Shaughnessy Hospital, St. Paul's Hospital, and B.C. Child ren's Hospital. The campaign has been endorsed by the B.C. Branch Executive. Contributions to the campaign are tax deductible and can be designated to the general fund of the Vision 20/21 Eye Care campaign, expansion of the
basic science laboratory in the Eye Care Centre, the ocular immunology centre at St. Paul's Hospital, a UBC chair in oph thalmology, or a geriatrics cen tre. For further information, contact Vision 20/21 Eye Care, The Eye Care Centre, 2550 Willow St., Vancouver V5Z 3N9 (Telephone: 875-4555)
Submissions on court reporting requested Vancouver lawyers Peter Leask and Jim Vilvang and Abbots ford lawyer Douglas MacAdams have been appointed to a sub-committee of the Attorney General's Justice Reform Advisory Committee to examine the various technolo gies in the making and trans cribing of court records. The Committee will examine questions of accuracy, costeffectiveness and availability of making court records. The written report is expected by January 1,1992 and is to provide recommendations on future directions for court records and technology. The Ministry encourages anyone who uses the court system to make a submission to
the Committee. While the study is underway, contracts with official court reporters will be renewed.
Submissions to the Committee can be sent to: Gary Martin, ADM, Management Services, Fifth Floor, 910 Government St., Victoria V8V 1X4.
Provincial court welcomes new judicial appointments Donna J. Martinson, Q.C., M. Howard Thom as, Q .C., and Brian C. W'eddell have been ap pointed to the provincial bench. Martinson spent six years as a Crown Counsel and seven years in private practice in Alberta and is currently professor of law at UBC. She begins her judicial duties in Burnaby/New West minster on September 6.
Thomas, who has spent 25 years in private practice, and was also an active member of the Surrey community, joins the bench in Surrey on September 4. W eddell, who took judicial responsibilities in Kelowna on August 1, began his career as an articling student with his father in Kelowna, and was senior Crown Counsel when he went back into private practice in 1987.
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Municipal hall becomes new courthouse Delta's municipal hall will soon be converted into a new court house. "Negotiations are proceeding well between Delta and the B.C. Buildings Corporation acting on behalf of the Ministry," said Attorney General Russell Fraser in a recent media release. "The larger quarters will ease overcrowding at the current courthouse shared with the police and will result in a mod ern and accessible facility." Renovations will result in a 2,250-square-meter structure that will house three court rooms. The police will take over sole occupancy of their present quarters in the Justice Building. Delta also plans to build a new $10-million municipal hall to be located in the Delta Civic Centre.
O rde r yo ur 1992 B.C.
L a w y e r’s Telep h o n e, F A X a n d S e r v ic e s D irectory today.
Call 687-3404 to place you r order at p re-publi cation prices.
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This coverage provides excess liability over your basic Home and Auto Insurance policy lim its. You may purchase limits
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November 12,1991 Law Courts Inn, Vancouver Mark your calendar to attend.
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Dates to Note : ■ 1 For further information, contact the B.C. Branch unless otherxvise noted I August 17-22,1991 National CBA Annual Meeting Calgary, Alberta Info: 1-613-237-2925 September 19,1991 B.C. Branch Section Chairpersons Meeting Vancouver September 21,1991 CBA (B.C. Branch) Provincial Council Meeting September 27 & 28,1991 Fraser Valley Bar Meeting Semiahmoo. Info: 530-4161 October 19,1991 Local and County Bar Presidents Meeting Vancouver October 25 & 26,1991 Nanaimo County Bar Meeting Schooner Cover Resort (Nanoose Bay)
Product of the Month The product of the month for this issue is The Liability Insur ance Umbrella, available through the CBA's National Home In surance Program.
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totalling up to $5,000,000. For more details on the CBA's National Home Insurance Pro gram and the new Umbrella Liability Policy, see the bro chure in this issue of BarTalk or call the Canada Life Casualty Vancouver office at 682-1858 or toll free at 1-800-663-7778.
November 12,1991 Bench and Bar Dinner Law Courts Inn, Vancouver December 7,1991 CBA (B.C. Branch) Provincial Council Meeting Vancouver January 30,1992 Provincial Council Meeting Vancouver February 22 to 25,1992 National CBA Mid-Winter Meeting, Whistler, B.C. April 11,1992 Provincial Council Meeting Vancouver April 12 to 18,1992 Law Week in various locations throughout British Columbia
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 Alistair Eagle Photography (688-8867) is the CBA (B.C. Branch) official photographer. Copyright the British Colum bia Branch of the Canadian Bar Association — 1991.