BarTalk | January 1992

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Who cares about the Constitution anyway?

NEWSLETTER OF THE CANADIAN BAR I ASSOCIATION, I heard a joke about the Canadi­ an Constitution the other day.

I B.C. BRANCH w

)jO

JANUARY 1992 VOLUME 4 NUMBER 1

It went like this: "Sir John A. MacDonald, after days of con­ stitutional haggling in Charlot­ tetown, imbibed too freely, slept well into the next day and awoke to learn that the Canadi­ an constitution had been final­ ized without him. "What did we end up with?" he demanded of his aide. "Confederation," the aide replied. "Damnation," MacDonald cried, "I wanted sovereignty association!"

It is hard to laugh about the current constitutional crisis in Canada. Many Canadians, it seems, are simply disinterested in the whole process. They would like to wake up, like MacDonald, when it's all over, SECTIONTALK/3 and then feel free to disown the outcome.

LEGISLATIVE UPDATE/5 PROVINCIAL COUNCIL/7 CLE NEWS/88 EQUITY POUCIES/IO ICPS/ll DATES/12

I believe, however, that Canadi­ ans and Canadian lawyers in particular, can't afford to be bored with the constitutional debate at this time in our histo­ ry. I am pleased and proud of the leadership role that the Ca­ nadian Bar Association is at­ tempting to play in responding to the federal government's cur­ rent set of constitutional pro­ posals.

At the national level, President J.J. Camp, national staff, the na­ tional executive and the Branch and Territorial presidents have all responded to the challenge by the production of a compre­ hensive and thoughtful analysis of the federal proposals.

This document should be avail­ able to Canadian lawyers who are members of the Canadian Bar Association within the next few months. It will undoubted­ ly assist members of the profes­ sion and, hopefully, others out­ side the profession, to under­ stand and focus discussion on the issues currently facing us.

In British Columbia, Provincial Council adopted a resolution at its December 7 meeting strong­ ly supporting a unified Canada and endorsing the recognition of Quebec as a distinct society within that unified Canada.

Trite? — perhaps. Begging the question of how to achieve these goals? — maybe. But the motion demonstrates that B.C. lawyers are committed to pre­ serving this country and to finding the ways and means to do it.

Wendy G. Baker, QC, President

Provincial Council will continue to study and debate constitu­ tional issues in the coming months — issues like constitu­ tional recognition of the rights of aboriginal peoples, the role of the social charter and protec­ tion of property rights.

Please turn to page 2

Sustainable development report reprinted A second print run of 1,000 cop­ ies of the report, Law Reform for Sustainable Development in Brit­ ish Columbia, has been complet­ ed with the assistance of a grant from the Notaries Foundation of B.C. The report was first released in June 1990 and is edited by Calvin Sandborn. It is a com­ pendium of provincial-level law reform proposals prepared by the Sustainable Development

Committee of the B.C. Branch of the Canadian Bar Associa­ tion.

CBA members can obtain a complimentary copy by sending your request in writing to Ruth Fraser at the B.C. Branch office, 504 -1148 Hornby, Vancouver V6 Z 2C3. Please accompany your request for a copy of the report with your cheque for $5 to cover postage and handling charges.

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President’s Message (continued)

Get a copy of the federal Constitutional Proposals and read them. They are available from your mem­ ber of parliament or the CBA (B.C. Branch) office has some copies for dis­ tribution.

Join together with other community groups or pro­ fessional organizations (i.e., d octors, n urses, Chamber of Commerce, etc.) and host a communi­ ty forum. Use local re­ source people, lawyers, or canvas your colleges or universities for political science professors or law professors to act as speak­ ers.

Organize a meeting of your local or county Bar association to discuss the proposals.

Do you have colleagues, law partners or agents in the province of Quebec?

Talk to them about these

So what can you do, as a lawyer and a Canadian ?

Here are some ideas.

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2.

issues - open up the dia- { logue.

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Consider writing an arti-j cle or column for your lo- \ ■ cal newspaper to promote I understanding of the pro- j posals.

I do not know if British Columbia la wyers can preserve Canada and its constitution. I don't believe j that lawyers have all the answers, but whatever happens, we can't I afford as lawyers or Canadians, ^ to sleep through the debate!

Wendy Baker, QC, President

Cunningham appointed to International Maritime Centre J.R. Cunningham, QC, recently was appointed to the Interna­ tional Maritime Centre's board of directors as a nominee of the B.C. Branch Maritime Law Sec­ tion to represent the admiralty bar.

The International Maritime Centre is a registered B.C. Soci­ ety and is supported by the B.C. Ministry of International Busi­ ness and Immigration. The Centre's mission is to promote, foster and encourage the devel­ opment of British Columbia as a location for the ownership, central control and manage­

ment of international shipping operations.

The work of the Centre will ac­ celerate when the pending amendments to Federal income tax legislation are enacted which will make earnings from off-shore shipping operations tax exempt. The Bill enacting the legislation received second reading on October 7,1991 and it is expected to clear third reading and the Senate before the end of 1991.

Two major shipping companies have already transferred their

Okanagan lawyers perform popular play Members of the Okanagan bar will perform in the play Twelve Angry Jurors in Kelowna on May 22 and 23,1992. The pro­ duction is being mounted by Kelowna's Sunshine Theatre.

Thespians well into rehearsals include: Kelly Christiansen Chris Penty Michael Kennedy

Susan Connaghan Ab Estephan Wendy Cavanagh Ross Langford Jane Cartwright Alan Perry Robert Levin David Pihl Michael Newcombe The Honourable Howard Hamilton Barry Grannery

operation centres to Vancouver I — Teekay Shipping Group with 1 its registered head office in the I Bahamas, formerly operated from Long Beach, California; and South Pacific Interline.

The CBA (B.C. Branch) Mari­ time Law Section is an active participant in the shipping in­ dustry in B.C. The Section sup- I ported the tax amendment through a resolution passed by I the CBA in October 1990 and continues to play a lead role to ensure the growth of Vancou­ ver's shipping business commu- I nity.

d idyouK H O W ?

Travel savings increase your bottom line when you use your CBA (B.C. B ran ch ) M em b er S e rv ic e s agent U ttiglobe for all your travel needs. See page 19 o f your D irectory or call Uniglobe Advance Travel at 688-3551 (toll-free 1-800-663-0208). Or if your prefer, you can contact any of the 30 U niglobe travel offices throughout B.C. to obtain the same travel discounts and special offers.

S ectionTXlk and expense and of expenses associated with travel, dress, meals and parking. She is also able to maintain a flexible work schedule which impacts on the quality of life for her and her family.

Shelley Bentley

Satellite law offices/ remote work stations may be the key to improving quality of life for lawyers and support staff In our profession, quality of life is becoming the major issue of the '90s. Indeed, Wendy Baker, Q.C., the British Columbia Branch President of the Canadi­ an Bar Association, has pledged to focus this year on the profes­ sion as a whole.

She has stated her belief that the Branch should encourage members of the profession to explore the level of their career satisfaction and those factors which impact positively and negatively on the quality of practice.

In a recent meeting of the Com­ puter Law Section, Thomas Lewis outlined an interesting plan which he has implemented in his own practice to improve the quality of life for members of his firm. Perhaps we can all learn from his experiment!

Lewis has a litigation practice in the central core of downtown Vancouver. One of his two sec­ retaries works from her home in Surrey. She has benefitted from this arrangement by the elimination of commuter time

Lewis benefits from the system he has implemented by being able to maintain flexible work­ ing hours and working loca­ tions in addition to more effec­ tive use of his time and there­ fore less stress and more time for himself and his family. He is able to attract and keep good employees and to expend less on expensive downtown office space.

He has implemented a system which allows him to dictate us­ ing a touch tone phone from any location in his office or to his secretary's home. He often dictates over the phone in the courthouse while waiting for his case to be called. He can dictate directly to his secre­ tary's home at any time of the day or night and have the result sitting on his office desk promptly without having to de­ liver a tape.

According to Lewis, the three major dictaphone companies all provide remote dictation devic­ es. They all use normal touch tone telephones to command a transcriber located with the sec­ retary. By using the different keys on the telephone, he can command the transcriber to record, fast-forward, reverse etc.

There are variations on this theme with one company offer­ ing the ability to dictate directly onto the hard disk of the secre­ tary's PC as compared to dictat­ ing on a stand alone unit. An­ other company has a hand held unit for the dictator which closely resembles the micro­ phone used currently than the

telephone handset. A third op­ tion available is a dictating service which allows dictators to dictate into a central record­ ing service used by them and other professionals. The service is accessible only to each dicta­ tor by use of a personal identifi­ cation number (PIN). The bene­ fits of one system over another varies depending on the size of the firm using them.

Lewis' secretary uses a regular telephone modem and trans­ mits the transcript to his down­ town office, generating hard copies at his office. Through use of a FAX board, she can send faxes through his office fax machine without any assist­ ance from staff at the down­ town office.

Lewis believes that secretaries who do mostly non-paralegal types of work do not require the actual files to be able to do their jobs. These secretaries sel­ dom refer to the files but most often refer to the information and precedents stored on their computers.

Lewis has found it extremely simple to improve the quality of his dictation so that his secre­ tary can prepare most work with the use of a file. In the rare circumstances when input is required, the staff member lo­ cated in his office can provide it.

Finally, a computerized time docket system allows Lewis to track his time on files and input that into his accounting compu­ ter program from a variety of remote locations without hav­ ing to physically deliver it to his office. It can be billed by his secretary without either person having been to the downtown office.

Please turn to page 4

SectionTalk (continued) New Bankruptcy and Insolvency Act may be proclaimed as early as January 1992 Bill C-22, tabled in the House of Commons in June 1991, pro­ vides for the enactment of the Wage Claim Payment Act and for substantial amendments to the Bankruptcy Act. The bill covers six major areas: commercial reorganizations, Crown priority, secured credi­ tor and receivership regulation, consumer bankruptcies and proposals, wage earner protec­ tion and protection of unpaid suppliers.

The proposed changes to the commercial reorganizations part of the Act have been moti­ vated by the government's stat­ ed objective of promoting the reorganization of viable busi­ nesses and avoiding unneces­ sary liquidations and conse­ quent loss of jobs.

These changes are directed pri­ marily to restricting the role typically played by secured creditors and the Crown in in­ solvency situations. The most significant changes permit debt­ ors to included secured credi­ tors, as well as unsecured credi­ tors, in a reorganization plan, and extends the stay of pro­ ceedings available to a debtor in the filing of a proposal to its se­ cured creditors.

Creditors involved in bankrupt­ cies and proposals have long been troubled by the preferred creditor status created in favour of the Crown. The proposed amendments contemplate the repeal of this preferred status.

Nonetheless, some priority for the Crown is retained.

For example, the Crown can still claim a secured status if it

holds a security interest based upon registration under provin­ cial law or a true claim of trust, as opposed to a deemed or arti­ ficial claim of trust.

In addition, although deemed trusts are held to be invalid, employee withholdings under the Income Tax Act and deemed trust claims arising under the Unemployment Insurance Act, the Canada Pension Plan Act or the Income Tax Act (or any equiva­ lent provincial statute) would continue to exist. However, even these types of claims would not be enforceable dur­ ing the stay period.

The Bill adds Part XI to the Act. This represents the first attempt to regulate, on a national basis, the conduct of secured credi­ tors. Under current provincial law, the requirements for re­ porting and for court supervi­ sion vary from province to province. The Bill attempts to create a consistent approach in this area.

Also the Bill confirms the gov­ ernment' s intention to "rehabili­ tate" insolvent debtors by mak­ ing the bankruptcy process and the full discharge of past liabili­ ties faster and easier. In many instances the Superintendent of Bankruptcy will take over the supervisory powers of the court.

A new section dealing with "consumer proposals" is pro­ vided for in the Bill and is clear­ ly intended to be widely used by individuals instead of the present bankruptcy process. A "consumer debtor" is an indi­ vidual whose debts, excluding mortgages or liens on the prin­ cipal residence, do not exceed $75,000.

Although a consensus has exist­ ed for some time on the need for change in the area of wage earner protections, the amount

of protection and source of T funding have remained conten- 1 tious issues. Drafters of the BUI I have addressed competing con- 1 cems by limiting the protection I to 90 per cent of wage arrears and vacation pay to a maxi­ mum of $2 ,0 0 0 per employee, plus an additional 90 per cent of I salespersons' expenses to a maximum of $1,000. Payment I is to be funded from an addi­ tional assessment on employers I to be collected by Revenue Can-1 ada withholdings.

The unpaid supplier is usually I one of the main victims in a bankruptcy or receivership. It I is often impractical for a suppli- 1 er who deals with a customer on a daily or weekly basis to ef- I fectively secure the payment of I invoices against the goods de­ livered. Occasionally, unscru­ pulous traders take advantage of a supplier's vulnerability to order a large quantity of goods immediately before the appoint­ ment of a receiver or trustee.

The Bill provides that where a receiver or trustee has been ap- I pointed, a supplier may repos­ sess goods supplied within 30 days after delivery to the pur­ chaser. This right ranks above every other claim or right against the purchaser in respect of those goods.

Mr. Fitch of Russell and Du­ Moulin summarized the above provisions of Bill C-22 for Insol­ vency Law Section members.

He cautioned that the Bill has gone to committee and re­ turned with proposals for change in the areas of wage earner protection and Crown priority. As a result, there is a possibility that the Bill will be amended before it is enacted.

Such amendments would likely delay the enactment of the Bill past January, 1992.

LeqislattveUftkte Every effort is made to ensure the accuracy of the information pro­ vided to you in this article but the information should not be relied upon. Lawyers should refer to the specific legislative or regulatory provision.

Regulations to Note Agricultural Land Commission Act, B.C. Reg 7/ 81, the Agricultural Land Commission Subdivi­ sion and Land Use Regulation is amended by re­ pealing s.2 (1 ) (m) which allowed golf courses and related uses on agricultural land reserves.

Ann McLean

B.C. Reg 306/91 effective N ovem ber 8,1991.

Compensation Fairness Act, B.C. Reg 93/91, the Compensation Fairness Regulation and B.C. Reg 92/91, the Compensation Fairness Transition Regulation are repealed.

B.C. Reg 309/91 effective N ovem ber 18,1991

Environment and Land Use Act, B.C. Reg 308/91, the Golf Course Development Moratorium Regu­ lation is made and amended prohibiting the con­ struction or significant alteration of a golf course or related facility for which an application was made to the Agricultural Land Commission on or after June 16,1988 pursuant to s.2(l) (m) of the Agricultural Land Commission Subdivision and Land Use Regulation. The regulation prohibits the Agricultural Land Commission from setting terms and conditions on such applications and prohibits municipalities from acting under Part 29 of the Municipal Act to implement proposals.

The Commission must review all proposals for construction or alteration and recommend to the Environment and Land Use Committee those that should be exempted. B.C. Reg 312/91 and 330/91 exempt certain proposals from these re­ strictions.

B.C. R eg 308/91 effective Novem ber 18,1991; B.C. Reg 312/91 effective N ovem ber 29,1991; B.C. Reg 330/91 effective December 20,1991

Evidence Act, B.C. Reg 396/89, the Affirmation Regulation is amended by adding s.2 which pro­ vides that where the form of affirmation pre­ scribed in s.l is not used, the prescribed form of solemn affirmation is the use of "I solemnly promise", "I solemnly affirm", "I solemnly de­ clare" or words to like effect in place of "I swear", I make oath" or words to like effect in an oath.

B.C. Reg 314/91 effective December 6,1991

Guaranteed A vailable Income fo r Need Act, B.C. Reg 479/76, the Guaranteed Available Income for Need Regulations are amended (a) as to s.2 and 3.2 (2), amending the defini­ tion of "unemployable person" to delete the references to a single parent living with a de­ pendant child under six months of age or hav­ ing a mental or physical condition necessitat­ ing that the parent not leave the child to work outside the home and deleting the require­ ment that a single parent submit proof that he is actively seeking employment, and (b) as to Schedule A, s.9, establishing the amount of income assistance payable where a child is supported in the home of a relative other than the child's parent and no parent can pay the total cost of the child's care.

B.C. Reg 322/91 effective December 13,1991

Insurance (Motor Vehicle) Act, B.C. Reg 447/83, the Revised Regulation (1984) under the Insurance (Motor Vehicle) Act is amended inter alia (a) as to s.39 (1), to delete the requirement that a handicapped person be the principal opera­ tor of the vehicle to qualify for the handi­ capped driver discount, and (b) by repealing s.110 to 112 and adding Divi­ sion (2) to Part 10, entitled "Underinsured Motorist Protection", setting out the terms and conditions under which the corporation will compensate an insured or a person who has a claim in respect of the death of an in­ sured for damages for injury or death caused by an owner or operator of a vehicle who is unable to pay the full amount of the damages payable. This coverage is now compulsory, rather than optional. Liability may be deter­

6

Legislative Update (continued) mined by a court or an arbitrator and costs awarded by an arbitrator are subject to the same restrictions as those awarded by a court.

B.C. R eg 323/91 an d s.53 o f B.C. R eg 324/91 e ffectiv e fa n u a ry 1, 1992; an d s .l- 52 o f B.C. K eg 324/91 effectiv e February 1,1992

Em ploym ent Standards Act, B.C. Reg 37/81 the Employment Standards Act Regulation, s.3 is

amended to provide that the minimum wage is I $5.00 for a person under age 18 and $5.50 for a person aged 18 or older and the minimum wage I for live-in homemakers, certain domestics, farm I workers and horticultural workers is $44.00 per I day, and to provide for a minimum wage for resi l dent caretakers and farm workers employed on a| piece work basis.

B.C. R eg 310/91 effectiv e February 1 ,19S|

Reports Available The Legislation and Law Reform Committee has received a copy of the following reports from the British Columbia government. Infor­ mation may be obtained from Ann McLean, the Branch's Legisla­ tion and Law Reform Officer, in Victoria (370-2234) or from the ap­ plicable source.

Report

Source

N ative Forestry in British C olum bia — A New A pproach C loser to H om e: The Report of the British Columbia Royal Com­ mission on Health Care and Costs (3 Volumes)

Ministry of Forests (356-7856).

Copies also available from the Forest Service's district offices Obtain copies directly from Crown Publications (386-4636).

Summary $6.50; Report $28.50

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

aboard the Holland America^

MS Nieuw Amsterdam

Changes to Land Title Act,ft Form C likely for March 1 j Changes to the Land Title Act made in the Land Title Amend- I ment Act, 1991, S.B.C. 1991, c.12| (First Reading Bill Number 2) 1 will likely come into force on March 1,1992.

The Bill clarifies the manner of I and information required for completion of the prescribed form of mortgage and amends 9 part 17, Division (6 ) of the Land 1 Title Act formerly "General Documents" to be entitled "General Instruments".

The Bill provides more specific | requirements for the form of in- H struments to be used for trans­ actions other than transfers or mortgages and provides that a general instrument may be used; for release of a charge.

The Land Title Branch is finaliz-1 ing the regulation which will provide for the amended Form 1 C, for submission to cabinet soon. The regulation, if passed, 1 would be effective on the date that Bill 2 comes into force, like­ ly March 1. Any documents ex­ ecuted before the effective date of the regulation will be grand­ fathered.

D e p a rts Los A n g e le s Saturday, M a y 9, 1 9 9 2 A rrive s V a n c o u v e r TUesday, M a y 1 2, 1 9 9 2 Call the C B A (BC Branch) at 687-3404 for com plete registration inform ation

The Land Title Branch intends to publish the changed provi­ sions well in advance of their effective date to allow practi­ tioners time to adjust their prac­ tices.

7

Provincial Council supports a unified Canada Strong support for recognition of Quebec as a distinct society with­ in a unified Canada was voiced by the B.C. Branch's Provincial Council during its Dec. 7, 1991 meeting.

Following a panel discussion on Canada's Constitutional propos­ als and after considerable debate, council members approved a twopart resolution supporting a uni­ fied Canada and recognizing Quebec as a distinct society with­ in a unified Canada.

The panel was moderated by Branch Vice-President Rob Gour­ lay and included Bob Edwards, deputy attorney general; Eliza­ beth Edinger, associate dean of UBC's faculty of law; Christo­ pher Sweeney, chair of the Branch's Constitutional Law Sec­ tion; and Wendy Baker.

Some of the panelists comments included concern that the distinct society clause legitimizes Que­ bec's search for greater powers.

Edwards noted that one of the problems is that there has been no realignment of federal-provincial powers, something Quebecers expected when they voted "no" in the Quebec referendum.

Several members suggested that the time frame set by Ottawa was too short for the public to ade­ quately study and debate the pro­ posals.

Elizabeth Edinger said that Ca­ nadians need to know more about the consequences of the Canada clause. Christopher Sweeney also questioned the need for the Can­ ada clause, pointing out the diffi­ culty people have in defining the meaning of "being a Canadian."

Sweeney also added that many items in the Canada clause are already in the Charter of Rights and questioned why they should be duplicated. He also said the distinct society clause would only be a temporary "fix" but better than the alternative of Quebec separation.

Wendy Baker, who participated in the debate on a personal basis, said she was sympathetic to the method chosen by Ottawa to make the proposals public for discussion and urged lawyers to become involved in the debate and to help other Canadians to get involved. Council will exam­ ine and debate other aspects of the Constitutional proposals at its February 1 meeting.

New Sections approved Council approved formation of the General Practitioners (Lower Mainland) and Pensions and Ben­ efits Section. Complete the regis­ tration form included with this issue to receive notices and min­ utes of the new sections.

Resolutions approved Council approved a resolution to publish the annual Directory in both paper and disk form, subject to the Directory Sub-Committee determining an adequate pricing structure and safeguards to use.

A second resolution requests the Law Society of B.C. and the CBA (B.C. Branch) to ask the provin­ cial government to bring ad hoc Crown Counsel compensation to a reasonable level.

Task Force formed A Conflict of Interest Task force has been formed and will be draft­ ing guidelines to deal with con­ flict of interest situations involv­ ing lawyers and clients. Contact

Jeff Scouten if you have any com­ ments.

Legislation and Law Reform Members of the Taxation, Wills & Trust, and Business Law Sections have agreed to participate on an advisory committee to review proposed legislation to regulate financial planners. Both lawyers and chartered accountants have been defined as "financial plan­ ners" in the draft legislation.

Joint Court Services Committee It was reported that the Court­ house Library would be moving from 800 Smithe to the Robson Square facility. Council mem­ bers expressed concern regard­ ing the move. An announcement regarding the new courthouse location for the Coquitlam/Port Coquitlam area is expected soon.

Lawyer's Assistance Program Art Vertlieb explained the objec­ tives of the program which is organized and managed by law­ yers in B.C. as a peer referral program. A high-quality video outlining the program was pre­ sented and Vertlieb welcomed the opportunity to speak to members about the program.

Continuing Legal Education Chair Trudi Brown and Acting Executive Director Bill Duncan provided a brief overview of the society and urged members to contact them regarding courses, content and publications.

Confidential assistance in practice related matters The role of B.C/s new Practice Standards Advisor is develop­ ing rapidly. At a recent meet­ ing, Local and County Bar Pres­ idents had high praise for the work of Mike Mangan, the Practice Standards Advisor.

The Law Society of British Co­ lumbia created the Practice Standards Advice office to pro­ vide confidential assistance to all B.C. lawyers in practice re­ lated matters.

Lawyers can speak to Mangan without fear that matters dis­ cussed will be passed on to the disciplinary side of the Society.

Mangan reports that he now spends about 60 per cent of his time meeting with members in person and by phone.

Though he cannot give legal ad­ vice, the Practice Standards Ad­ visor spends a lot of time acting Please turn to page 12

8

CLE meets challenge of difficult financial situation subm itted by Trudi Brow n, QC C hair, CLE B o a rd o f D irectors

The Continuing Legal Educa­ tion Society of B.C. is a non­ profit society. We have a board of directors consisting of 19 lawyers and two judges. I am the Chair of CLE and we have five other lawyers on our exec­ utive. As well, we have a coun­ ty coordinator in each county who helps to organize courses in that area. We have listed those people on the page oppo­ site.

Although we have close ties to the CBA and the Law Society, we are an independent organi­ zation. We receive no funding for general revenues from any source. We make our money by putting on courses and selling course materials and books.

Our mandate is to provide edu­ cation to the profession; the challenge is to do this with a balanced budget. We have found the most lucrative educa­ tional product to be a large group course in downtown Vancouver. A limited enroll­ ment workshop outside the Lower Mainland is the most ex­ pensive course to run. Howev­ er, because of our mandate, we must serve and do serve all are­ as of the province and all seg­ ments of the bar.

You have supported us for over 15 years. Without your sup­ port, we would not have the ex­ cellent reputation we enjoy.

However, we are faced with the harsh reality of the recession, increased competition, and in­ creased in-house training.

We are in a very difficult finan­ cial situation. Last year we started to experience a drop in registrations. We budgeted for a small deficit this year, but the situation has worsened. We are now looking at a very large def­ icit.

We have taken measures to ad­ dress this problem. We have

eliminated our computer de­ partment, staff hiring has been frozen, and employees who have left have not been re­ placed. We are reviewing con­ tracts with our major suppliers to cut expenses. We have re-or­ ganized our internal structure and are working on improving our customer service. General­ ly, we are working towards a balanced budget for the next fis­ cal year. However, this might not be enough.

If we are not providing what you want or need, please get in touch with us. We need your feedback. Our FAX number is 669-9260. We can also be reached at our toll free number in B.C. 1-800-663-0437.

Competency of lawyers is an extremely important issue in the '90s. The public is demand­ ing more and more from pro­ fessionals. Clients have ever in­ creasing demands. Legal edu­ cation can help. Unfortunately,

education is one of the items lawyers cut in a recession. We ask you to reconsider your action. In tough times lawyers become more competitive. As well, lawyers may have to go into new areas as the economy dictates. CLE can give you assistance with both of those problems.

Discount!

Now you can travel to CLE courses and meetings and still save money!

Take advantage of free ticket delivery service, free $ 1 0 0 , 0 0 0 travel accident insurance and

I I I

We are lawyers teaching law- I yers. Because of your contin­ ued support, we know we can produce quality products and services. However, we need your support now more than ever. It will be difficult to con- I tinue to provide you with the products you need if we do not I have some immediate help. I urge you to re-think your edu- I cational needs. Purchasing more of our products will assist I you in your practice and will also permit the British Colum­ bia legal profession to continue to have the best continuing le­ gal education in the country.

15%

Book your flights with Uni­ globe Advance Travel (en­ dorsed by the CBA, B.C. Branch M em ber Services Committee) and save 15% on regular economy airfares.

This discount is available for all CBA member travel within B.C.

I I

negotiated hotel and car rent­ al rates. No restrictions apply and all travel must be booked through Uniglobe Advance Travel.

Call Doris Savio at 1-800-6630208 or 688-3551 and you will receive the best available rates or special discounts offered for all travel including CLE courses and meetings.

C L E ... making education accessible.

9

CLE depends on your feedback CLE Board members and County Coordinators need your assistance to develop programs you want.

Call any of the following contact persons directly with your ideas or suggestions.

CLE Executive Committee Chair, Trudi Brown, QC Home Coupar, Victoria 388-6631; FAX: 388-5974 Vice Chair, Dirk Sigalet Sigalet Maguire & Cole, Vemon 545-6054; FAX: 545-7227 Treasurer, Peter D. Fairey McCarthy Tetrault, Vancouver 643-7928; FAX: 643-7900

Past Chair, George Cadman, Q.C. Boughton Peterson Yang Anderson, Vancouver 687-6789; FAX: 683-5317 Member at Large Pamela A. Murray, QC Clay & Company, Victoria 688-9634; FAX: 389-1336

— The Honourable Madam Justice Marion Allan Supreme Court of B.C., Vancouver 660-2744; FAX: 660-2420 Don Brown Crampton, Brown & Arndt, Terrace 635-6330; FAX: 635-4795 Assoc. Dean Donald Casswell UVic Faculty of Law, Victoria 721-8152; FAX: 477-7413 Eric G. Chamberlist Hope Heinrich, Prince George 563-0681; FAX: 562-3761 Michael Clare Tees, Lloyd, Clare & Kiddle, Campbell River 287-7755; FAX: 287-3999

Member at Large Prof. Joost Blom, QC UBC Faculty of Law, Vancouver 822-4564; FAX: 822-8108

Board M e m b e rs-------

Prof. Gerry Ferguson UVic Faculty of Law, Victoria 721-8174; FAX: 477-7413

Jane A.G. Purdie Hambrook & Co., White Rock 531-1461; FAX: 531-4581

Frederick (Rick) Hislop, QC Hislop & Company, Cranbrook 426-6211; FAX: 426-3338

Prof. Robert Reid UBC Fac. of Law, Vancouver 822-3435; FAX: 822-8108

Ed Kroft Ladner Downs, Vancouver 640-4154; FAX: 687-1415

His Honour Judge Thomas C. Smith Provincial Court of B.C., Williams Lake 398-4301; FAX: 398-4459

Shona A. Moore Shortt, Moore & Arsenault, Vancouver 669-4447; FAX: 669-4737 Leslie J. Muir Roberts, Muir & Griffin, Vancouver 682-9766; FAX: 682-6746

Frances M. Statham, Q.C. Ministry of Attorney General, Vancouver 660-3093; FAX: 660-2636 Bruce Woolley Stikeman, Elliott, Vancouver 631-1342; FAX: 681-1825

— County Coordinators V ictoria: Leslie Grundison Home, Coupar (Victoria) 388-6631; FAX: 388-5974

W est K ooten ay: Chris McEwan McEwan, Harrison (Trail) 368-8211; FAX: 368-9401

Yale (Kelow na): Ronald J. Smith Porter Ramsay (Kelowna) 763-7646; FAX: 762-9960

C ariboo (Dawson Creek): Wayne Plenert Dollis, Plenert (Dawson Creek) 782-9134; FAX: 782-9135

N anaim o: Kenneth Walker Walker & Wilson (Qualicum Beach) 752-6951; FAX: 752-6022

Yale (Penticton): Michael Ross Kinsman & Company (Penticton) 492-2624; FAX: 492-5525

Prince Rupert: Don Brown Crampton, Brown (Terrace) 635-6330; FAX: 635-4795

Yale (Vemon): Brian Willows Kidston & Company (Vernon) 545-0711; FAX: 545-4776

C ariboo (Prince George): David Jones Hope, Heinrich (Prince George) 563-0681; FAX: 562-3761 E ast K ooten ay: Rick Hislop, QC Hislop & Company (Cranbrook) 426-6211; FAX: 426-3338

Yale (Kam loops): D. Hugh Maclnnes Mair, Jenson (Kamloops) 374-3161; FAX: 374-6992

10

Equity policies help law firms in hiring practices Both UBC and UVic law facu l­ ties have endorsed a policy statem ent intended to foster an open and equitable recru it­ m ent process.

Each year during articlin g and sum m er job interview s, a small but sign ifican t num ber of law students experience interview qu estions and treatm ents that they feel suggest d iscrim ina­ tory a ttitu d e s and assu m p ­ tions.

Law stu d e n ts ex p e ct to be asked ch allengin g qu estions during interview s. But, they also expect to be judged on the basis of their individual qu al­ ities and not on the basis of assum ptions and stereotypes.

Sim ilarly , m ost em ployers do not w ant to leave stu d en ts w ith the im pression that they are basing their recruitm ent d ecisions on such factors.

W hile the equity policy state­ m ent d oes not assum e to tell em ployers how to cond uct in ­ terview s, it does provide some suggestions hopefully to avoid perceptions of bias in the re­ cruitm ent process.

The follow ing p rovides a brief synopsis of som e aspects of the policy that m ight prove useful if you are recruiting.

R ecru itm en t process: This process often extends b e­ yond the actual interview and may include inform al so cial­ izing.

H ow ever, som e students may have p rio r com m itm ents to part-tim e em ploym ent or have caregiver responsibilities. R e­ cruiters should provide su ffi­ cient notice so that the student can arrange to attend.

In terv iew atm osp here: R ecruiters often w ish to create a congenial and open atm os­ phere and may lead w ith ques­

tions concerning fam ily b ack ­ ground, ethnic origins, or fam ­ ily plans.

A recurring exam ple cited by older students is that qu es­ tions put to them seem to im ­ ply that going to law school after the age of 25 is irrational.

R ecru iters should ask open ended qu estio n s th at allow candidates to choose w hether they w ish to m ake their p er­ sonal background a su bject of conversation.

A b ility : Q u e s tio n s a b o u t re q u ire d ! hours of w ork, ability to trav-| el, and em p lo y er's expecta-l tions should be asked directly! and openly.

j

A sking cand id ates to explain their personal circum stances I w h ile n o t ask in g the same] qu estion s of others can con­ vey the im pression that the person is a m arginal candi-1 date for reasons of status rath­ er than ability to perform . 1

In q u irie s about re lo ca tio n : Many em ployers want to know w hether an applicant is com ­ mitted to relocating. Em ploy­ ers should ensure that all can­ d id ates are asked the sam e questions about relocation.

A clear descrip tion of the em- j p loy er's expectations will give each candidate a chance to dis- i cuss her/his ability and will­ ingness to m eet those expecta­ tions.

A reas o f practice: Em ployers seek candidates to m eet their needs. H ow ever, assum ptions such as a m inor­ ity candidate will be in terest­ ed in public in terest law or that a m ale is not interested in fam ily law are unfair and un­ reliable.

The UVic Faculty of Law col­ le cted and rev iew ed many policies and guidelines used by both private and public sec­ tor em ployers before establish­ ing the equity policy statement on the recru itm ent process.

C ontact the office of the Dean at UVic if you are interested in obtaining the com plete equity p olicy or oth er polices and guidelines review ed to estab­ lish this policy.

The firm should d isclose its specific needs and use open ended questions about can d i­ d ate's in terests and abilities.

did

F u rth er in fo rm atio n :

YOU KNOW

Thousands of dollars can be saved on a car purchase when you use your CBA (B.C. Branch) Member Services agent,

ProGroup Sales and Leasing Inc. See page 16 of your Directory or call 270-4466 for details.

This service Is endorsed by the Member Services Committee of the Canadian Bar Association (B.C. Branch).

11

Innovation in justice services with information technology Su bm itted by Susan Allm an, coord in ator, In form ation Technology Planning, C ourt Services Branch.

There is a new concept current­ ly in the planning stages for the justice system in British Colum­ bia. The Integrated Case Processing System (ICPS) is a proposed technological solution to some of the challenges in de­ livering justice services today.

The system has many benefits.

It will provide accurate and timely information for the deci­ sion makers, including the po­ lice officer on the street, counsel in the courtroom and in the of­ fice, and the judge rendering a judgment. ICPS will provide more efficient scheduling, elec­ tronic filing of documents and access to authorized data.

While computers are now being used extensively in some court locations, there is little ex­ change of information across organizational boundaries.

Considerable manual paper­ work is still the norm, with re­ petitive typing of some data, la­ bour-intensive filing systems, and time spent locating files to handle case inquiries.

People involved in motor vehi­ cle accidents may initiate files with a number of different or­ ganizations (i.e., ICBC, police, lawyer, prosecutor, courts, judi­ ciary, corrections, and credit bureaus). Today, the system generates vast amounts of pa­ per as people sometimes floun­ der their way through the sys­ tem.

The need for change and reform in the justice system has be­ come a pressing issue. In their report, Access to Justice: The Re­ port of the Justice Reform Commit­ tee, the committee identified this fundamental need for im­ proved access to justice, and better delivery of services in B.C. Courts are facing the chal­ lenges of costly paper storage

with increasing numbers of files; increasing demands for better services with fewer re­ sources; speedier trials with in­ creasing caseloads; and greater access to justice for those who work within the system and those who come in contact with it.

could be used from law offices or through public access termi­ nals in registries, shopping cen­ tres and libraries. Electronic manuals could provide instant update on changes and reduce the risk of procedural and policy errors, thus ensuring consisten­ cy throughout the province.

Planning sessions are being held and considerable detailed work has been done to study the entire justice system, with all of its business functions, to find out where improvements can be made using technology.

The primary goal of these ses­ sions is to provide a fully inte­ grated computerized system for all levels of courts and types of cases. This will replace the la­ bour intensive manual paper system currently in use and will result in faster service to clients and better access to informa­ tion.

Most importantly, there will be a single shared database and ac­ cess point for all case types in all types of court. A file name could be entered once, by the participant initiating the action, instead of thirty or forty times on different forms. This system will capture data input at the source and then share this data electronically with all of the prime users of the system, ena­ bling immediate and secure ac­ cess to records.

Integrated Case Processing Sys­ tem (ICPS) is the computer system(s) that will pull it all to­ gether. ICPS will track and record cases, maintain records, and provide various accounting functions. It will have schedul­ ing components for coordinat­ ing trials and hearings with consideration for counsel, judi­ cial and courtroom availability.

This will reduce the likelihood of having to appear in different courthouses at the same time, on different cases.

There are plans to include pro­ grams to track exhibits, pro­ duce forms and compile infor­ mation while eliminating many of the forms currently in use.

Forms can be created electroni­ cally using common case data.

Case event communication may replace copies of the informa­ tion, reducing clerical work­ load, errors and delays.

Access could be provided elec­ tronically 24 hours a day, seven days a week. Dial up terminals

ICPS will encompass the major government agencies who pro­ vide justice services, namely, the municipal police, RCMP, crimi­ nal justice, Corrections and Court Services Branches of the Ministry of the Attorney Gener­ al. As well, all levels of the judi­ ciary and their requirements have been considered in the de­ sign of the system.

ICPS is being developed for "functionality" rather than tech­ nical design. The system will be able to support innovative tech­ nologies, such as a voice-in, voice-out, bar code data entry and image processing. Experi­ mentation has already begun on Vancouver Island and at the Law Courts in Vancouver, to de­ velop "paperless courtrooms."

Terminals will be provided in courtrooms, wherever they are required.

The ICPS project will be led, managed and controlled by the front line operational staff who know the business and whose jobs are most directly affected Please turn to page 12

Dates to Note February 1,1992 CBA (B.C. Branch) Provincial Council Meeting Vancouver February 22 to 25,1992 National CBA Mid-Winter Meeting Whistler

May 9 to 12,1992 Convention Cruise '92 aboard the MS Nieuw Amsterdam May 22 to 24,1992 Cariboo Bar Meeting Williams Lake

April 11,1992 CBA (B.C. Branch) Provincial Council Meeting Vancouver

June 12,1992 CBA (B.C. Branch) Annual Meeting and Law Society of B.C. Annual Meeting Vancouver

April 26,1992 Law Day (Various locations throughout B.C.)

August 23 to 27,1992 CBA Annual General Meeting Halifax, NS

Integrated case processing system

(continued from page 11 )

National family law program set for July The 1992 National Family Law 1 Program will be held in Char- I lottetown, P.E.I., fro July 6 to 9,i 1992 and is co-sponsored by th(| Canadian Bar Association and I the Federation of Law Societies! of Canada Of interest to family law practi-l tioners, judges and academics, I the program includes a wide 1 range of topics. For registration information, contact Heather Walker, Federation of Law Socil eties, 130 Queen St. West, To- I ronto M5H 2N6 (tel: 416-9474068 or FAX: 416-947-3926.)

Practice Advisor (continued from page 7)

by ICPS. It will be tested exten­ sively by the users, first in a "test bed" environment and then operationally at a pilot site, to determine the legal and policy implications of change.

Automated systems from other provinces and the United States have been evaluated and a pro­ gram has been chosen for exten­ sive testing in a simulated envi­ ronment. A project plan has been developed outlining the steps necessary to develop and implement the ICPS system during the next three to five years.

Steve Andrews, former manag­ er of the new Surrey Court­ house complex, has been ap­ pointed project director. An of­ fice has been set up at 910 Gov­ ernment Street in Victoria as headquarters for the ICPS project coordination. This of­ fice will be the site of the test­ bed environment. The pilot site has not yet been chosen.

The key to successful imple­ mentation of such change is through the involvement of the system users. Information meetings are being held in vari­ ous locations around the prov­ ince to communicate our plans

and to exchange ideas with jus­ tice system participants. News­ letters are being published to communicate the plans and to facilitate consultation.

A Public Information Needs As­ sessment was conducted to de­ termine the needs of registry users. Questionnaires, counter surveys, and personal inter­ views were conducted with the public and members of the Bar. The results of this study have been tabulated and are now be­ ing examined to identify ways of improving registries.

The conceptual design docu­ ment Innovation in Justice Servic­ es with Information Technology, now in draft form, soon will be available from the ICPS office.

This document describes the development of the integrated case processing system and the vision of what it will become.

During the development of ICPS, the project team will be seeking assistance from the le­ gal community for a better un­ derstanding of their require­ ments. In the interim, please feel free to contact Steve An­ drews or any member of the project team at 356-6186 in Vic­ toria.

as a confidential resource in solving tough practice prob­ lems, including conflict ques­ tions and billing matters. As well, Mangan has acted as a mediator among members. The Practice Standards Advisor also helps provide confidential re­ sources to members whose per­ sonal problems may affect their ability to practice law. Mangan continues to travel the province speaking with members about loss prevention matters. He is also available to give in-house presentations to law firms on specific loss prevention topics.

You can reach Mangan at his Law Society office (669-2533).

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 — 1992.