BarTalk | September 1991

President's Message \IEWSLETTER DFTHE : a n a d ia n b a r ASSOCIATION, 3.C. BRANCH

SEPT. 1991 VOLUME 3 NUMBER 6

It is traditional, I understand, for the Branch President to outline in BarTalk plans and priorities for the coming year, in a sort of "state of the nation" address.

Before doing so, I want to recognize on behalf of all British Columbia lawyers, the contribution of Past-President Terry La Liberte. Terry has been a competent, credible and intensely committed spokesperson for lawyers in British Columbia in the past year; and a good friend to all of us. Warm appreciation Terry!

The British Columbia Branch of the Canadian Bar Association is a means by which lawyers in this Province can work together HIGHLIGHTS to promote the interests of the profession, the better administration of justice and the SECTIONTALK/3 rule of law. The Branch Executive and Provincial Council have expressed concern about the current state of health LEGISLATIVE UPDATE/5

and hapJaQ^JifOddi^profession.

A major surveyUF lawyers about career satisfaction, first conducted by the American Bar Association in 1986 and repeated in 1990, appears to substantiate the considerable anecdotal evidence that lawyers are working more and enjoying it less. This view has been echoed by senior representatives of the legal profession in Canada, including CBA National PastPresidents John Jennings and Wayne Chapman and, recently, Mr. Justice John Sopinka of the Supreme Court of Canada. They have spoken out about their concern for the loss of professionalism and the possible loss of voluntaryism in our profession. Recent statistical information suggests that there are increasing problems with alcoholism, substance abuse, family problems, physical and mental health crises as the most

Wendy G. Baker, QC President 1991/92

extreme results of the loss of ability by lawyers to cope with the pressure of practice. In the Barrister's Room and in law firm corridors, we hear lawyers talk about an apparent loss of collegiality and professional courtesy among other counsel and solicitors. Lawyers are dropping out of this profession in significant numbers, including a disproportionate number of women. The Please turn to page 9

Judicial appointments and complaints process feature of Council meeting

PRACTICE STANDARDS ADVISOR/8

The CBA (B.C. Branch) Provin­ cial Council held its first meet­ ing of the year on Saturday, September 21,1991.

NATIONAL CBA A special presentation by Chief PRES/9 Justice Esson and Chief Judge Diebolt focused on judicial ap­ pointments and complaint proc­ esses.

PAISLEY PAPERS/10 Chief Justice Esson emphasized the importance of the independ­ ence of the judiciary and the re­ V DATES/12 sults of changes to the contempt of court law which has resulted in increased criticism.

He outlined the duties of the

Canadian Judicial Council and noted that the Council fields complaints about federally ap­ pointed judges but has no pow­ er to impose punishment. Re­ moval of a supreme court judge requires an order of the Senate and the House of Commons.

Chief Judge Diebolt explained appointment of Provincial Court judges and noted that judges must be called to the bar for a minimum of five years, must make application, are re­ viewed by an appointment committee, are interviewed by the provincial Judicial Council,

and are appointed by cabinet by an order in Council once the name is taken forward by the Attorney General.

Regarding complaints against Provincial Court judges, Chief Judge Diebolt explained that complaints must be in writing.

If it is a complaint against a de­ cision, the complainant is di­ rected to the appeal process. If the Chief Judge deems the com­ plaint valid, he acknowledges the complaint and advises the judge of the complaint. He will Please turn to page 2

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Provincial Council highlights (continued from page 1) request a transcript of the trial.

If an inquiry is required, it is held under the provisions of the Provincial Court Act. This act in­ cludes the power to remove a judge.

Chief Judge Diebolt added that in his supervisory role he often speaks to judges about appro­ priate behaviour but this is not binding.

In a question and answer peri­ od, both judges reminded mem­ bers that complaints from the Bar about judges, which often are administrative in nature (e.g., tardiness, long recesses etc.), should be reported to them. However, they recog­ nized the difficulty this might result in especially if counsel had to appear in front of the judge on a regular basis. They were both concerned that "ad­ ministrative" problems be re­ solved as quickly as possible.

Practice Standards Advisor A special presentation by Mike Mangan, Practice Standards Advisor for the Law Society, provided details regarding the goals of this new Law Society position. (See story on page 8 for further details.)

Resolutions approved: Provincial Council members de­ bated a resolution on the issue of notaries. Jane Purdie, chair­ person of the B.C. Branch Com­ mittee on notaries, reported that it did not appear that the government was moving for­ ward with legislation to expand the numbers of notaries and the geographical allocation of seals.

She noted that some notaries continue to breach geographical or practice area restrictions.

However, she reported that the B.C. Branch had not finalized its position on the issue.

Council approved a resolution recommending that there be no amendment to increase the numbers or change the method of allocation of notarial seals as

authorized by the Notaries Act; that the Notaries Act not be amended to authorize notaries to incorporate corporate enti­ ties; that the Notaries Act not be amended to authorize notaries to act on behalf of administra­ tors and executors in the pro­ bating of estates; and that the requirement to notify the Law Society of applications for en­ rollment not be removed from the Notaries Act. The resolution also recom­ mends that the B.C. Branch Government Relations Commit­ tee make these views known to the provincial members of legis­ lature. As well, the resolution urges members to report unau­ thorized practice and breaches of the Notaries Act to the Law Society.

A second resolution was ap­ proved recommending that the B.C. Branch request the prov­ ince of B.C. make a financial commitment to satisfy require­ ments for the signing of the for­ mal agreement between Canada and the United Nations in order to establish the International Centre for Criminal Law Re­ form and Criminal Justice Poli­ cy.

Financial commitments (in cash or kind) already have been re­ ceived from the federal govern­ ment, UBC, SFU, and the Law Foundation of B.C. A final pre­ requisite to establishing the cen­ tre requires a commitment of $150,000 per annum for four years by the provincial govern­ ment.

The Centre will work to bring advances in the development of international law through estab­ lishing conventions between na­ tions in matters relating to the environment, drugs, financial fraud, terrorism, and war crimes.

Budget: Provincial Council reviewed a revised budget for the 1991/92 fiscal year. Vice-President Rob

------------------------------------Gourlay reported that the re­ vised budget was due to Law Foundation funding which was I lower than that applied for.

Council approved the recom­ mended reductions in expendi­ tures and projected surplus.

Convention Cruise '92 Convention Chair Eric Rice re­ ported that final details regard­ ing the cruise would be sent to all members in late September.

Report from Provincial Sec­ tions: 1 Executive Committee member Jeff Scouten reported that the Benchers had agreed not to pro-1 ceed with the model Profession-j al Standards Handbook but would develop a handbook based on a "rules" model. The Bencher representative to Council noted that this was a loss of time and a duplication of work but that the draft hand­ book circulation had identified member's concerns that the original model would not meet disciplinary questions arising from practice.

Section enrollment continues to be processed and the Sections Chairpersons Meeting held on Sept. 19 indicates a varied year of programs being developed by the Sections.

National Sections: Kerry-Lynne Ferris urged mem­ bers to become involved in the National CBA Sections. She noted that the National Sections Council was recently formed to help National Sections organize activities as well as to coordi­ nate legislation and law reform comment and to work with pro­ vincial sections on topics of mu­ tual interest.

Communications Committee report: Communications Chair John Waddell reported that the final report on B.C. Branch Commu­ nications Role and Objectives had been completed and apPlease turn to page 8

S ectionTalk Shelley Bentley

Major aboriginal title case receives sharp reaction The decision of the B.C. Court of Appeal in the Delgamuukw and Others v. The Queen and Oth­ ers, unreported, March 8,1991, S.C.B.C. No. 0843, Smithers Registry, the Gitksan Wet7suweFen land claims case, has been a topic of heated discussion in a number of recent section meet­ ings.

David Paterson gave an over­ view of the decision in a recent Business Law Section meeting.

The four year trial of the case involved 51 plaintiffs who were hereditary chiefs of the Gitksan and Wet'suwePen nations.

They were suing on behalf of the approximately 7,000 mem­ bers of their nations for title to 133 individual territories be­ longing to the houses which the chiefs represent.

The plaintiffs claimed an exclu­ sive right to use and occupa­ tion, that is, effective owner­ ship, though short of fee simple ownership, to the lands within the territory. They also claimed jurisdiction within their tradi­ tional territory.

This jurisdiction, without being exhaustive, would include such things as: permitting the prac­ tice of traditional medicine; es­

tablishing an educational sys­ tem particular to the needs of the native peoples; adopting customary rules for marriage and divorce, adoption, and the passage of property. Effective­ ly, there was a claim to a form of indigenous self government within the territories. While there is no precedent for such a claim in B.C., the claim was for the recognition of powers simi­ lar to those recognized at com­ mon law in the United States.

The Court rejected all of the plaintiffs claims and held that aboriginal title had never exist­ ed, though at the time of "dis­ covery," there were aboriginal "interests" or "rights" existing by reason of long-standing us­ age prior to the Crown's assum­ ing sovereignty over British Co­ lumbia. These rights include the right to hunt and gather and to use and occupy various un­ occupied lands. These rights were found to have been extin­ guished, subject to the excep­ tion of fishing rights that were found to exist in R. v. Sparrow, (1990) S.C.R. 1075. The rights were themselves extinguishable at the pleasure of the Crown and the Court found such pleasure to have been indicated through a course of conduct by the colony between 1858 and 1871. Therefore, at the time of Confederation, there were not existing aboriginal rights in B.C. The decision resolved two fur­ ther questions. First, could the province extinguish aboriginal rights? Since there were no ab­ original rights (except perhaps, to some fish in tidal waters), this was a moot question. Sec­ ond, what was the scope of sec­ tion 35 of the Constitution Act, 1982, which protected "exist­ ing" aboriginal rights? Because it was found that there were no such rights, this section of the Constitution had no application in B.C.

Paterson commented that the judgment contained some twists that were not anticipated.

First, the Court found that there was a fiduciary duty on the part of the province in favour of ab­ original peoples. Second, the Court indicated in no uncertain terms that the courts, as a fo­ rum for resolving Indian land disputes in B.C., were no longer to be available. Finally, the Court concluded with a com­ mentary on the problems facing Canada's Indians.

Paterson went on to argue that the Indian community in B.C.. is enraged and that the possibil­ ity of violence has increased considerably as a result of the decision. This is so because the judgment has aroused such in­ tense feelings of desperation.

The courts have been viewed by many aboriginal peoples as the last recourse in this country for a fair hearing. However, ac­ cording to Paterson, the courts are now seen by aboriginal peo­ ples to have been discredited to a considerable degree. Paterson suggests that the basis for this strong reaction lies not just in the legal result of the decision, but also in the language, phras­ ing and general tone of the 394 page decision.

Stuart Rush, in addressing Na­ tive Law Section members, said that the decision has generally been perceived in the native community as colonial and ar­ bitrary and has taken us back 20 years to the Calder decision (1973) S.C.R. 313.

The perception is that the final comments of the Court advise Indian people to leave their way of life. Rush commented that this position does not speak to native reality but in­ stead perpetuates uncertainty in B.C. Paterson also noted that the policy of assimilation was the cornerstone of government

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SectionTalk (continued) Indian policy for almost a cen­ tury until it was finally aban­ doned and discredited a gener­ ation ago. He went on to state that Native groups would never have imagined that the courts would attempt to resurrect this policy. However, the decision at hand is generally viewed in the native community as an at­ tempt to do so.

In making these observations both Paterson and Rush stated that their views on this contro­ versial issue were based on their personal observations and were not the views of their cli­ ents.

Shocking differences between criminal justice systems in Canada and Northern Ireland The Honourable Sir Robert Carswell, a judge of the High Court of Justice in Northern Ireland, addressed Vancouver Criminal Justice Section members about the justice system as it currently exists in Northern Ireland.

Northern Ireland's history of problems has resulted in a criminal justice system with sig­ nificant differences from the system we have in Canada.

Not only is security in and around courthouses very high, but it is taken to lengths we do not see. there is a high, trans­ parent screen erected between the gallery and the body of the court. For charges concerning alleged terrorist actions, includ­ ing murder, bombing, posses­ sion of firearms or explosives, the right to a jury trial has been abolished.

There also have been concomi­ tant procedural changes that have profoundly affected the administration of justice. The common law test of the admis­

sibility of statements made by an accused has been abolished.

For a specified list of terrorist offences, a confession is inad­ missible only if it was obtained by torture or inhuman or de­ grading treatment, or by vio­ lence or the threat of violence.

The right to silence has been modified, not just for scheduled or terrorist offences, but for the trial of all criminal cases. It is now the law that: 1) If an accused is apprehended in circumstances which give rise to suspicion, if he or she fails to account at the appropri­ ate time for something which in the mind of any reasonable per­ son shouts for an explanation, then the trial court may draw such inferences as it thinks proper from the fact that he or she only produced an explana­ tion later; 2) If an accused fails or refuses to account for the presence of

objects, substances, or marks oi his or her person, clothing or otherwise in his or her posses- I sion or in any place in which he| or she is arrested, the court ma'I draw inferences; 3) If an accused fails to accounlj for his or her presence in a place at the time the offence charges is alleged to have been committed, the court may draw inferences; 4) At trial, the accused will be called upon by the judge to give] evidence and warned of the possible consequences if he or she fails to do so. Any failure or refusal may also be treated as amounting to corroboration where that is required by law.

The Section secretary concluded the meeting by commenting that we can only hope that the political climate in this countiy never reaches the stage where such vast abrogations of the common law can be justified..

Contact nurse's association to access expert witness program The Registered Nurses Associa­ tion of B.C. operates a expert nurse witness program.

The Nurses Association can as­ sist legal counsel who are seek­ ing expert nurse witnesses through its extensive contacts with community health agen­ cies and hospitals throughout the province. As well, the Nurses Association has 24 Pro­ fessional Practice Groups made up of nurses working in various

areas of nursing practice. Its Nurse Resource Network is a directory of nurses who have indicated their willingness to volunteer their professional knowledge and skills to assist in a variety of endeavours.

Lawyers can contact any of the nursing practice consultants or advisors in the Division of Pro­ fessional Services (736-7331) to put these resources to work for you.

Oops, we goofed . . .

Karen Dickson of Swinton and Company was elected as a rep­ resentative of Vancouver Coun­ ty to the B.C. Branch's Provin­ cial Council. Her name was in­

advertently missed from the list announcing newly elected Council members in the July/ August issue of BarTalk. We apologize for the error.

LEQISLAnVEUPIKrE 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 A doption Amendment Act, 1991, S.B.C. 1991, c.8, First Reading Bill Number 11, amends the Adop­ tion Act expanding the adoption reunion registry provisions. The Bill provides for a new "active registry" whereby 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 fa­ cilitate contact. Likewise a birth parent may re­ quest assistance in contacting an adult adoptee.

These provisions are not yet in force.

The legislation also provides that any party may file a veto with the Superintendent specifying that they not be contacted except in the case of compelling medical need. This latter provision, becoming s.13.4 of the Adoption Act, is now in force. t h a t p a r t o f section 2 o f the A ct w h ich enacts section 13.4 o f the A d op tion A ct in fo rc e August 16,1991

Budget M easures Im plem entation Act, 1991, S.B.C. 1991, c.9, First Reading Bill Number 3, amends the M inistry o f S ocial Service and Hous­ ing Act, R.S.B.C. 1979, c.274 by repealing s.7 which established the Social Housing Special Ac­ count and terminating that account. section 8 o f the A ct in fo rc e August 16,1991

G am e Farm Act, S.B.C. 1990, c.48 provides for the issuance, renewal, suspension and cancella­ tion of licenses to raise deer, bison and reindeer for agricultural purposes, with consequential amendments to the Agricultural Produce Grading Act, R.S.B.C.. 1979, c .ll , the Animal Disease Con­ trol Act, R.S.B.C. 1979, c.242, the Livestock Act, S.B.C. 1980, c.24, the Livestock Brand Act, S.B.C. 1980, c.25, the Livestock Public Sale Act, R.S.B.C. 1979, c.246, the Meat Inspection Act, R.S.B.C. 1979, c.253 and the Wildlife Act, S.B.C. 1982, c.57. in fo rc e August 16,1991

M iscellaneous Statutes Amendment Act, 1991, S.B.C. 1991, c.13, First Reading Bill Number 7, amends the Personal Property Security Act, S.B.C. 1989, c.36 clarifying that the consumer protection provisions of the Act apply only where the debtor is an individual in some case and only to consum­ er goods in other cases. section s 21 to 26 o f the A ct in fo rc e August 16,1991

M iscellaneous Statutes Amendment A ct (No. 2), 1991, S.B.C. 1991, c.14, First Reading Bill Number 15, amends the Ministry of Transportation and High­ ways Act, R.S.B.C. 1979, c.280 as to s.13 adding the term "works of public utility" to the definition of "government buildings, highways and public works" for the purposes of Part 2 of the Act deal­ ing with highways and public works. section 10 o f the A ct in fo rc e A ugust 16,1991

Range Amendment Act, 1991, S.B.C. 1991, c.17, First Reading Bill Number 5, amends the Range Act, R.S.B.C. 1979, c.355 a) by adding s.20.1, allowing a regional man­ ager to transfer without the consent of the current holder, a grazing licence or permit or a haycutting licence or permit, back to the original holder, where it had been transferred in connection with an incomplete transaction or has expired without renewal, b) by amending s.22, allowing a regional manager, rather than the minister, to change the boundaries of a licence or permit in cer­ tain circumstances, c) by amending s.23, providing for the calcu­ lation of compensation payable for a reduc­ tion of the area of a licence or permit pursu­ ant to s.22, and d) by adding s.37.1, providing for an appeal to the minister of a change of the boundaries of a licence or permit under s.22. in fo rc e August 16,1991

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Legislative Update (continued) Pension B enefits Standards Act, S.B.C. 1991, c.15, First Reading Bill Number 6, deals with employ­ ee pension plans. A summary of the major provi­ sions of the Bill is contained in the Legislative Update Section of the August, 1991 BarTalk. The Act provides for the designation and duties of the Superintendent of Pensions and the Pension Benefits Standards Advisory Council and con­ templates reciprocal registration and enforce­ ment with other Canadian jurisdictions having similar legislation. The Act requires that either a pension plan provide for arbitration of disputes as to certain designated matters or that such dis­ putes be settled by an arbitration mechanism as set out in the Act. The Act provides rules for service of documents, proof of date of service and inspection and production of documents to the Superintendent or other authorized persons.

The Superintendent is permitted to bring a civil action to enforce the provisions of the Act. There is a limitation period for the commencement of prosecution of an offence under the Act of two years after the time when the subject matter of the prosecution first come to the knowledge of the Superintendent. section s 2 to 6, 66 to 69, 72, 74 a n d 62 ex cep t 62 (1) (c) o f the A ct in fo r c e August 23,1991

Forest Amendment Act, 1991, S.B.C. 1991, £.11, First Reading Bill Number 13, amends the Forest Act, R.S.B.C. 1979, c.140 by adding s.158.1 to 158.92 respecting contracts entered into by tim­ ber harvesting contractors with the holders of forest licences, timber licences, timber sale licenc­ es and tree farm licences and respecting subcon­ tracts between those contractors and timber har­ vesting subcontractors. The provisions inter alia authorize the Lieutenant Governor in Council to establish a mediation and arbitration system for resolving disputes and to make regulations re­ quiring that contracts and subcontracts be renew­ able in certain circumstances. section 4 o f the A ct in fo rc e August 30,1991

H ealth Statutes Amendment Act, 1989, S.B.C. 1989, c.48 amends the Health Emergency Act, R.S.B.C. 1979, c.162 by establishing the Emergen­ cy Medical Assistants Licensing Board which has the power to examine, register and license emer­ gency medical assistants and to investigate com­ plaints and take disciplinary action. The Act pro­ vides for an appeal to the Supreme Court of dis­ ciplinary action taken by the board. section s 14 to 17 o f the Act, ex cep t th a t p o rtion o f s.17 w hich enacts s.9(l) (b.l) o f th e H ealth Emergency A ct in fo r c e A ugust 30,1991

M ine D evelopm ent A ssessm ent Act, S.B.C. 1990, c.55 provides that a person who wishes to con­ struct a reviewable mine development must apply to the minister for a mine development certificate, j A reviewable mine development is a coal mine or ! mineral mine that, in the opinion of the chief in­ spector, is capable of producing 10,000 tonnes per j year of coal or mineral ore, or any other mine de- j velopment so designated by the chief inspector.

An application for a development certificate may include environmental information and provision < for public consultation, and may require consider­ ation by an assessment panel. The Act also pro­ vides for application for and issuance of a mine operation certificate under specified terms and conditions and the suspension or cancellation of a mine development or mine operation certificate in certain circumstances. in fo r c e A ugust 30,19911

Regulations to Note G uaranteed A v ailab le Incom e fo r N eed Act, B.C. Reg. 479/76, the Guaranteed Available Income for Need Regulations are amended inter alia as fol­ lows a) by adding s.4(7), providing that if a recipi­ ent under the Residential Tenancy Act must pay a security deposit for necessary rental ac­ commodation, the director may authorize payment of the amount of the deposit, and b) establishing amounts for the monthly in­ centive allowance available under s.14 for vo­ cational, self improvement or other programs.

B.C. R egs. 234/91 an d 235/91 e ffectiv e August 16,1991

Property Purchase Tax Act, B.C. Reg. 74/88, The Property Purchase Tax Regulation is amended by adding Part 3 - Principal Residence Exemption, providing for the valuation of residential improve­ ments and land not including the improvements for the purposes of s.5.1 (2) and (4) of the Property Purchase Tax Act. B.C. Reg. 242/91 effectiv e August 16,1991

Court Rules Act, B.C. Reg. 221/90, Supreme Court Rules are amended by adding Rule 60C which ap­ plies if proceedings in the Supreme Court under the Divorce Act (1985) or the Family Relations Act have been commenced at a registry of the Provin­ cial Court designated as a registry of the Supreme Court. A party may make an interlocutory appli­ cation to a provincial court judge for interim cus­ tody, access or maintenance under the Family Rela­

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Legislative Update (continued) tions Act, interim corollary relief under the Di­ vorce Act (1985), interim restraining orders under. certain provisions of the Family Relations Act, ex­ clusive possession of the matrimonial home un­ der s.77 of the Family Relations Act or variation of such an interlocutory order. The judge's decision

may be appealed to a judge of the Supreme Court.

B.C. Reg. 245/91 effectiv e August 23,1991

A doption Act, B.C. Reg. 257/91 is made prescribing the form of veto to be filed under s.13.4 of the Adop­ tion Act. effectiv e August 30,1991

Law Reform Commission welcomes suggestions for law reform Just over 20 years ago, the B.C. Branch of the Canadian Bar As­ sociation recommended to the then B.C. government that it should establish an independ­ ent body responsible for law re­ form in British Columbia. The government implemented the recommendation, forming the Law Reform Commission of British Columbia.

The Commission provides an ongoing review of all B.C. laws - statutory, common law and ju­ dicial with objectives to simpli­ fy and modernize those laws.

Since then, more than 100 re­ ports from the Commission have recommended law re­

forms to the Attorney General.

The government has imple­ mented many of those recom­ mendations.

The Commission has been care­ ful to preserve its independence from government, even though its projects are partly based on recommendations by the Attor­ ney General.

The Canadian Bar Association, particularly through its sec­ tions, has continued to be in­ volved by initiating many sug­ gestions for the Commission's projects. In fact, the Commis­ sion welcomes suggestions for law reform from all members of

Green nineties offer challenges The South American Rain For­ est. Clear Cut Logging. The Ozone Layer. Offshore Oil Spills.

The environment is at the fore­ front of today's news and it is uppermost in the minds of the community. The public de­ mands change. Government is responding with new legislation and initiatives. Retailers offer 'environmentally sound prod­ ucts' and industry is spending millions to become 'environ­ mentally friendly.'

What do these changes mean for lawyers, politicians, busi­ ness people and those who seek

to use the legal system to "green" our society?

The Challenge of the Green Nine­ ties: Law, the Environment and the Community is a special con­ ference focusing on new direc­ tions in environmental law.

Panel discussion will feature speakers from government, the legal community, business and public interest groups.

The Conference will be held on November 1 and 2 at the Begbie Building at UVic. For more in­ formation, contact Bob Madill, c/o Faculty of Law, UVic, 4777413 or FAX: 383-5806.

the profession and encourages them to discuss their ideas with the Commission.

The current active projects of the Commission include: 1. Division of pensions on marriage breakdown; 2. Statutory validity of noncharitable purpose trusts; 3. Family Compensation Act should children be eligible for compensation for loss of guid­ ance and affection where there has not been a death; 4.

Franchise legislation - the merits of adoption 5.

Wrongful interference with goods - rationalizing various causes of action; and 6. Partnership Act - especially the sections dealing with limit­ ed partnerships.

The Commission is also consid­ ering other projects: 1. A review of statutes creat­ ing liens; 2. Limiting liability of direc­ tors of societies; 3. The appeal procedure from provincial family court deci­ sions; and 4. The investment powers of trustees.

Members of the Commission are always interested in receiv­ ing the profession's comments on these current and considered projects.

Practice standards advisor available for confidential advice Standards Advisor.

Mangan will act as a "legal pre­ ventative health officer" with quality assurance and loss pre­ vention central to all his activi­ ties.

Mike Mangan

The Law Society's newly creat­ ed office of Practice Standards Advisor will actively help members enhance competence and prevent claims and com­ plaints. Mr. Michael (Mike) M. Mangan is the first Practice

Mangan was called to the bar 10 year ago and has practised in Vancouver and the interior of B.C., in large and small firms and as a sole practitioner. His practise included a broad spec­ trum of litigation matters.

To emphasize the Practice Standards Advisor's distance from the disciplinary side of the Law Society, it is intended that all communications between members and Mr. Mangan are

B.C. Branch practice advisory panels update The B.C. Branch is updating the 13 Practice Advisory Panels es­ tablished a number of years ago through various Branch Sections.

The Practice Advisory Panel par­ ticipants are senior practitioners who are prepared to assist more junior lawyers with practical ad­ vice. The Advisory Panel mem­ bers volunteer to respond to questions from the bar.

These panels have been estab­ lished with the support of the

Law Society and Practice Stand­ ards Advisor Mike Mangan views the panels as complemen­ tary to the work he is undertak­ ing in his new position.

A list of panels and participants is published in the 1992 B.C. Branch Directory.

As some Sections are identifying new participants, a complete list will be distributed to all mem­ bers in the near future.

Provincial Council highlights proved. He noted that the Law Society's Communications Committee is also undertaking a review of their role and objec­ tives.

Court Reporters: Several county representatives again voiced their concern of the government's intention of replacing court reporters in Su­ preme Court civil trials with tape recorders. Several exam­ ples of poor quality transcripts

(continued from page 2)

of contested Chamber's deci­ sions were reported.

Registrars: Elizabeth Dunn, the only legally trained registrar in B.C., has be­ gun employment at the Victoria courthouse. She will be devel­ oping a training program for other registrars in the province.

It was reported that the Masters will handle legal questions pre­ viously referred to registrars.

confidential, except for matters involving trust fund shortages.

The Law Society is drafting pro­ visions to exclude the Practice Standards Advisor from disci­ plinary proceedings.

Mr. Mangan is available for confidential advice concerning a wide variety of practice prob­ lems. As a key resource person, the Practice Standards Advisor can also assist by directing you to other persons or facilities who can help.

This year, Mr. Mangan will travel the province to meet with as many members as possible.

He has also recently completed an overview of claims and com­ plaints against members which he will tell you about. The Law Society encourages all members to use Mr. Magnan's services.

Until the Law Society occupies its new building, Mangan will work out of his private office and can be reached at:

Michael M. Mangan, Suite 105 -1104 Hornby Street, Vancou­ ver V6Z 1V8; Tel: 682-1066; FAX: 682-0649.

Branch Directory rolls off the presses The fourth edition of the B.C. Branch Lawyers Telephone, FAX and Services Directory will be delivered in October. Over 10,500 copies of the Directory will be published and orders have been received from firms and individ­ uals throughout the province.

Publication price for CBA mem­ bers is $16 and $25 for non-CBA members.

An order form is enclosed in this issue of BarTalk for your conven­ ience. Your assistance in helping us keep the B.C. Branch member database current throughout the year is appreciated. Send us any changes in name, firm, address, phone or FAX numbersas soon as possible.

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Gender equality a priority for CBA, says new president J.J. Camp National CBA President J.J. Camp, QC, says gender equali­ ty and other forms of discrimi­ nation will be a focus of the Ca­ nadian Bar Association's activi­ ties in the coming year.

"Building on the work of our Gender Equality Task Force, which is now in place, the Asso­ ciation will also examine the le­ gal rights of the handicapped, minorities and the less-advan­ taged," Camp says. The fivemember Gender Equality Task Force is chaired by the Hon. Bertha Wilson, a former mem­ ber of the Supreme Court of Canada.

During his one-year term, Camp also plans to address professional ethics and quality of life issues among lawyers.

"Work pressures are forcing lawyers to neglect their profes­ sional obligations. Lawyering has become a function of number-crunching, instead of legal assessment and analysis.

We need to raise awareness among lawyers of their special status as purveyors of integrity and proper conduct."

In particular, Camp aims to "in­ fuse more life-blood into the as­ sociation at the lower echelons" by encouraging young lawyers to become more active in the profession. He will build on the association's section activities and law reform initiatives.

Keeping spending in line and continuing to reduce the associ­ ation's deficit is a priority.

Camp is a partner in the Van­ couver law firm of Ladner Downs where he practises in the area of civil litigation. Bom in Kamloops in 1943, he re­ ceived his B.A. from UVic and his L.L.B. from UBC. Called to the Bar in 1970, Camp was ap­ pointed Queen's Counsel in 1986.

Camp has been active in the

CBA at both the branch and na­ tional levels. Positions include: Chair, Judicial Appointments Committee; President, B.C. Branch (1983-84); National Chair, Insurance Law Section (1980-82) and Chair, B.C. Insur­ ance Law Section (1975-76). He is also a member of the B.C. Le­ gal Aid Task Force, the B.C. Re­ view Committee on Automobile Tort Reform, and the B.C. Re­ view Committee on Changes to Human Rights Legislation.

Community activities include: Board of Directors, Public Inter­ est Advocacy Centre (1985-88) and Board of Directors, Van­ couver Academy of Music

President's message

J.J. Camp National CBA President

1991/92

(1980-83). He is a founder of the Lawyer's Inn, now called the Law Courts Inn.

(continued from page 1)

pressure of running a profitable practice causes many young and older lawyers to question their career choice. While the majority of lawyers still view law as an interesting, challenging and worthwhile profession, the level of dissatisfaction and its effects cannot be ignored.

Some possible solutions have been identified by Bar Associations and Law Societies in the United States and in Canada. Over the next eleven months, the B.C. Branch of the Canadian Bar Association hopes to focus the attention of B.C. lawyers on the topic of enhancing career satisfaction.

We want to know your views. Is law becoming a more difficult and stressful occupation? Why? What can be done by the Canadian Bar Association to promote cooperation, collegiality and professional courtesy?

What resources do B.C. lawyers need to cope with changes in their jobs and in the stress that rapid change seems to generate?

Please accept my invitation to write to us and to let us know your views of both the problems and the solutions. I look forward to hearing from you in the coming months.

BENCH D

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T uesday. N o v e m b er 12, 1991 T he L aw C o u rts Inn V an co u v er L aw C o u rts 80 0 S m ith e S treet V ancouver R eception: 5:45 p.m . (Cash Bar) D inner: 6:3 0 p.m . (W in e

$ 50.00

Included)

Paisley papers perpetuate pilgrimage to v spiritual home of law of negligence } • TheorJ ganizers I | j m k of the 1990 Pais­ ley Conference on the Law of Negligence met recently at Pais­ ley's Town Hall to celebrate the publication of a 300-page illus­ trated volume, Donoghue v. Ste­ venson and the Modern Law of Negligence: The Paisley Papers.

The book includes papers pre­ sented at the conference by the leading experts in the world on the Commonwealth law of neg­ ligence, together with pictures of places and documents associ­ ated with the case and photo­ graphs of conference events.

The "Pilgrimage to Paisley", jointly sponsored by the Cana­ dian Bar Association, the Scot­ tish Faculty of Advocates and the Law Society of Scotland, has been described by B.C/s The

SECTION REGISTRATION Elsewhere in this issue you will have seen our regular column on Section Activity entitled "SectionTalk” written for us by Shelley Bentley.

Section meetings have become one of the most important, if not THE most important, Branch activity because they offer all our members, including students, the opportunity to get together regularly in an informal, collegial atmosphere, to hear noted guest speakers talking about the latest legal developments in those areas of the law in which they specialize.

This sharing of information, along with opportunities for discussion groups and question and answer periods combined

Advocate as "the most successful conference ever held, on any subject, anywhere." It was the first joint gathering of the legal professions of Canada and Scot­ land.

"The thoughts inspired by our gathering in Paisley last Sep­ tember are published today to all those around the world who practise, teach, study and de­ cide the law within the legal community to which we be­ long," said Mr. Justice Taylor.

"The Paisley Pilgrimage will continue wherever they are read — in law offices, court­ houses, law schools — for as long as lawyers remember Mrs. May Donoghue and the victory that was won for her."

Proceeds from the book are to fund a Donoghue v. Stevenson scholarship at UBC Faculty of Law.

The papers include an overview of the law of negligence, a dis­ cussion on recent developments in products liability law, and a paper on the divergent courses adopted in various Common- i wealth jurisdictions on law con­ cerning the liability of public authorities. Contributors in­ clude Professor R.F.V Hueston, Professor John G. Fleming, Mr. Justice Gerard Brennan, Profes­ sors J.C. Smith and Joost Blom, Mr. Justice Allan Linden, Mr. Justice Jean-Louis Baudouin, Professor William W. McBryde and Professor Neil MacCormick.

The "Paisley Papers" is pub­ lished by the Continuing Legal Education Society of B.C., #200 - 1148 Hornby Street, Vancou­ ver, B.C. V6Z 2C3; Telephone: (604) 669-3544; FAX: (604) 6699260. The cost is $75 + GST per copy.

with the obvious opportunity to network with fellow practitioners who share your interest in that particular Section of law have made our Section activities one of the main benefits of CBA membership.

distributed during the year. If notices only of meetings are desired then each member is entitled to register for 2 Sections free of charge and then pay $5.35 (including G.S.T.) for each Section over 2.

At the present time the Branch has 47 Sections in operation throughout the province. 31 of these are in Vancouver and 16 are located in different cities and towns in B.C. Membership in these Sections in the past years has ranged from 25 to over 1000.

You will also be interested to know that the formation of 2 more Sections is in the works Law Practice Management and Pensions and Benefits - and formal approvals are expected shortly as more than the minimum number of lawyers have already indicated their interest in joining each of these Sections once the green light has been given. If you are interested in either of these Sections please let us know.

Members are reminded that the Registration fee for each Section is only $21.40 (including G.S.T.) and that this includes notices of the particular Section meetings throughout the year (ending June 30,1992) plus copies of Section minutes and other material produced and

For further information contact Fran Hodgkins at the Branch office. Phone 687-3404 or FAX 669-9601.

11

Set sail with a tradition of excellence!

Convention Cruise '92 chair Eric Rice indicates that plans for the May 9 to 12 convention cruise aboard theMSNieuw Amsterdam are shaping up quickly.

A Holland America brochure outlining the variety and location of staterooms is available from the B.C. Branch office.

However, members are urged to send in their registration form as soon as possible as the special block of state­ rooms held for the B.C. Branch are lim­ ited.

The CBA substantive program is being developed by Peter Fairey and the con­ vention committee.

Plans are also underway to ensure that the CBA social events allow members to meet other members and have fun!

The all-inclusive fee is based on double occupancy and dependsuponyourchoice of stateroom. Approximate costs are from $850 to $1,050 per person which includes air fare from Vancouver to Los Angeles, all meals on board the Nieuw Amsterdam and all facilities and ameni­ ties on board the cruise ship.

Also included are port charges and taxes, transfers to the airport on the day of the ship's departure, the CBA substantive program, the Captain's cocktail party, a CBA cocktail party and special CBA so­ cial program and prizes.

Canadian Bar Assocation (B.C. Branch) invites you to join us on the

aboard the Holland America's

M S N ie u w A m s te r d a m

Departs Los Angeles Saturday, May 9, 1992 Arrives Vancouver Tuesday, May 12, 1992

Special fares for children, single occu ­ pancy, and third and/or fourth adult sharing a state­ room are also available. Pre­ cruise tours of D isn ey la n d , Las Vegas or golf destina­ tions are also available at additional cost to the all-inclu­ sive conven­ tion cruise package.

Join in the fun of Convention C ruise '92!

Complete

All-inclusive package includes: ■X. Stateroom selection 4 CBA substantive program 4 , Meals aboard ship J , Captain* Reception J , Port charges and taxes 4, CBA cocktail reception 4 . Air fare Vancouver to LA J , CBA social programs 4 transfer airport to ship 4 And prizesl

Call the CBA (BC Branch) at 687-3404 for complete registration information

your registra­ tion form to­ day and send in your depos­ it as a limited num ber of staterooms are being held for the convention and stateroom selection will be completed on a firstcom e, first served basis.

New Supreme Court rules enacted with family court pilot project A Family Court Pilot Project is testing a number of court fea­ tures designed to improve serv­ ice to persons using Family Court as well as accessibility to the Supreme Court.

The project was implemented following publication in No­ vember 1989 of the Ministry of Attorney General discussion paper Better Access for All. A remaining recommendation of the discussion paper was im­ plemented in early September.

This will enable Provincial Court Judges in the designated registries of Bums Lake, Hazelton and Houston to hear certain interlocutory applications in re­ spect to Divorce Act and Family Relations Act matters, pursuant to Section 3.1 of the Provincial Court Act. New Supreme Court rules (Rule 60c) contain provisions relating to interlocutory applications at the designated registries. The intention of this feature is to provide greater access to the Supreme Court in the more ge­ ographically remote communi­ ties.

The Family Court Pilot project has been operational in eleven Provincial Court locations since October 1990. Other features being tested are the use of spe­ cially trained court registry staff as "Family Court Advisors" to provide support and informa­ tion to Family Court litigants and also the provision of "Duty Counsel."

A comprehensive evaluation of the pilot is being undertaken by the Ministry. For further infor­ mation, contact Derek Finall, Legal Services Branch, Ministry of Attorney General (tel: 3568416).

12

Dates to Note For further information, contact the B.C. Branch unless otherwise noted

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National CBA Mid-Winter Meeting February 22 to 25,1992

Counsel Network opens second office The Counsel Network recently opened an office in Toronto head­ ed by Sheldon Resnick, an ac­ complished search professional with over 11 years of executive recruiting and business experi­ ence.

"Establishing a legal search firm with national capability is just another first for us," says Stephen Nash, managing partner of The Counsel Network. Nash also notes that The Counsel Network is the first such firm run by a lawyer, the first firm of its kind in western Canada, and the first, and only, search firm to be en­ dorsed by a provincial bar associ­ ation.

The Counsel Network is endorsed by the B.C. Branch's Member Services Committee and provides law firms with customized, pro­ fessional legal recruiting servic­ es. Temporary and locum place­ ments are also available. For fur­ ther information, contact Stephen R. Nash at (604) 643-1755.

October 19,1991 Local and County Bar Presidents Meeting Vancouver October 26/27,1991 Nanaimo County Bar Meeting Nanoose Bay November 12,1991 Bench and Bar Dinner Law Courts Inn, Vancouver December 7,1991 CBA (B.C. Branch) Provincial Council Meeting Vancouver

The play runs for one night only on October 20 at the Arts Club

February 22 to 25,1992 National CBA Mid-Winter Meeting Whistler April 12,1992 Law Day Various locations throughout British Columbia May 9 to 12,1992 Convention Cruise '92 aboard the MS Nieuw Amsterdam

Graduate fellowship available The Law Foundation Graduate Fellowship deadline is January 3,1992. Up to five fellowship of $12,500 each are offered for the 1992/93 academic year for full time graduate studies in law or a law-related area.

Fellowship eligibility extends to

residents of B.C.; graduates of a B.C. law school; or members of the B.C. bar.

Further information and application forms are available from the Law Foundation of B.C., 410 - 1190 Hornby Street, Vancouver V6Z 2K5.

Course offers solutions to conflict across cultures A new course on Cross-Cultur­ al Conflict Resolution is fea­ tured this fall at Simon Fraser University at Harbour Centre.

The course is part of the new Cross-Cultural Management and Communication Program.

The Conflict Resolution course

Legal white knights to the rescue!

Twelve Angry Jurors is being per­ formed as a benefit by local law­ yers. The play is directed by Elizabeth Ball, Carousel Theatre artistic director, and is sponsored by the Trial Lawyers Association of B.C., the Arts Club and Carou­ sel Theatre. Proceeds of the event will go to the two theatre compa­ nies.

February 1,1992 CBA (B.C. Branch) Provincial Council Meeting Vancouver

Theatre. Tickets are available at the Arts Club Box office (6871644)at$51 (includes GST) witha tax receipt of $35. Lawyer actors include: Pamela Boles, Anne Clark, Paula Grahame, Vahan Ishkanian, Gerald Lecovin, Gra­ ham MacFie, Daniel McLeod, Bill McNaughton, Marina Mor­ gan, Mark Moseley, Richard Peck,JamesPoyner,RobertRuttan, and Deborah Satanove.

will be taught by Wilf Wakely, a specialist in international trade and investment law.

Call Tanis Dagert, program co­ ordinator at 681-8105 or 2915111 for complete registration information.

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.

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