BarTalk | September 1990

NEWSLETTER

President's Report

8~~~61AN BAR ASSOCIATION, B.C. BRANCH The term of office for Canadian

CBA provides strong tradition of service

SEPTEMBER 1990 VOLUME2 NUMBER6

Bar Association executives and many committee members extends from one annual meeting of the National Association to the next. This year the Annual Meeting will be held in September in London, England rather than at the customary time in August. Although this term of office is somewhat longer than usual, it is drawing to a close.

The past year has been a busy and productive time for our Branch. Membership is nearing the 7,000 figure . The Branch budget is in excess of HIGHLIGHTS $1,500,000. The total number of Sections throughout the province is now 46. The Branch has MENTOR approximately 34 committees PROGRAM/2 and there are another 26 committees on which the Branch has one or more representaSECTIONTALK/3 tives. The ten member Branch office staff is utilized to capacity.

LEGISLATIVE The work being carried out by UPDATE/5 the sections and committees is largely volunteer efforts by committed members of our proRECYCUNG fession. The efforts are not conHELP/10 fined to the promotion of the self-interest of our members.

They are directed at assisting BC ONUNE/12 the public throughout the province in gaining a better understanding of the law and the leLAWFOUNDA- gal profession and a greater apTION/13 preciation of the rights and privileges which they enjoy under our legal and justice sysDATES TO tems.

NOTE/14 A significant contribution is also made by the Branch in providing input to the provincial legislature and parliament in an

effort to encourage the enactment of workable, fair and equitable legislation. At the outset of the year, I set as a major goal the reorganization and expansion of Branch efforts in the areas of legislation and law reform. A structure is now in place which we hope and expect will contribute to this important aspect of the association's mandate. Funding has been obtained from the Law Foundation of B.C. to employ a legislative officer to assist in this area.

A number of submissions have been made to governments on matters such as Heritage Legislation, the Structured Compensation Act and Amendments to the Tariff of Costs in the Supreme Court. Law reform initiatives by the Branch have in

Russell Lusk, Q .C. eluded proposals with respect to Commissioners for Swearing Oaths, Reproductive Technology, Sustainable Development and Enduring Powers of Attorney.

Other specific tasks undertaken include committee work dealing with initiatives taken by the Society of Notaries Public to (Please turn to page 2)

CBA Executive Director Bob Smethurst welcomes Jo Rosner, Washington State Bar's Mentor Administrator, to Vancouver for recent Law 12 Institute (article page 2) .

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President's Report (continued from pageV expand their jurisdiction and numbers, participating in a report on Ultimate Limitation Periods for Professionals, and the training and licensing of paralegals. The Executive Committee has resolved to participate in the Law Society study dealing with expressed concerns of gender bias in our profession, the justice system and in the substantive law.

The Branch's endorsement of Green Shield Prepaid Legal Services was directed at providing public access to legal services in greater numbers. During the year many other activities and projects have been carried out and benefits offered to the profession in the areas of member services, communications and public relations.

I am grateful for the assistance

Partnerships aim to future Jo Rosner, Washington State Bar's Mentor Administrator, was the Branch's guest at the Law 1'2 Institute held in Vancouver the week of August 20, 1990.

ested in more information can contact Larry Hnetka, Assistant Director (Communications) at the Branch office (687-3404).

of our hardworking Executive Committee, the members of Provincial Council who have readily answered calls for assistance, the Committee and Section Chairpersons, and the many other members of the profession who have participated in projects and events.

The efforts of Bob Smethurst, our Executive Director, and our diligent staff at the Branch office are greatly appreciated. All have readily provided assistance and have added to the strong tradition of service provided by your Association.

Russell W. Lusk, Q.C.

President

Rosner addressed some 80 Law 12 teachers and provided them with an interesting overview of the success of the Washington State Bar's Mentor program which has grown from five partnerships to some 150 partnerships throughout the state.

The Law 12 Institute provided the teachers with practical advice on implementing the new Law 12 curriculum developed 路 this past year. A special thank you is extended to the many lawyers who volunteered their time thoughout the week-long institute to act as session resource persons.

The B.C. Branch's Mentor pilot program will partner five law firms and schools to provide law-related educational activities and experiences which will both educate and captivate student interest. The mentor partners will plan and develop mock trials, law-related classroom activities, court and law firm visits, and classroom presentations.

Dial-A-Law secretary Dorothy Sawczuk provides assistance to Dial-A-Law callers from the Branch's new computer-based intertactive touch tone system.

Some 22 teachers from around the province attending the Institute expressed interest in participating in the Branch's mentor program. Law firms inter-

The 135 tapes on the Dial-ALaw system are digitized and callers, through a series of voice prompts, can easily access tapes on a subject of their choosing.

Dial-A-Law operates 24-hours, 7 days a week Dial-A-Law is now available 24 hours a day, 7 days a week from touch tone phones. The interactive computer hardware and software upgrade for the Dial-A-Law system was purchased with a Law Foundation of B.C. grant.

During office hours, Monday to Friday, a Dial-A-Law operator is available to connect callers from rotary phones or to help any caller who requires assistance.

New brochures are being developed and will be available soon.

Please contact Dorothy Sawczuk at the Branch office if you would like a quantity of brochures to distribute in your law firm.

stances where the parties do not all live in the same place.

Shelley Bentley

DNA print test shows possioility of paternIty greater than 99.5% Jennifer Clay, marketing manager of Helix Biotech Corporation outlined the procedure, application and advantages of DNA print testing to members of Vancouver Family Law Section. Clay compared the DNA analysis with blood group testing and HLA tissue typing, concluding that the accuracy of the DNA analysis is far higher than previously available tests could provide. The DNA print test typically produces a result indicating that the possibility of paternity is excluded or is greater than 99.5 per cent. This type of testing has other advantages.

For instance, smaller samples of blood are required than with the HLA tissue typing method and blood samples can be up to seven days old.

The cost of DNA testing through Helix Biotech Corporation, which is the sole Canadian licensee for this test, is $300 per sample or $900 for the testing of three individuals in a paternity action. Results are available within four to six weeks from the date of blood sampling.

Helix Biotech Corp. has made arrangements for the collection of blood samples from other parts of the country in circum-

Clay also noted that in the U.S., DNA test results have been introduced as evidence in some 5,000 paternity cases. In only four of their cases was the validity of the testing challenged, and in each case, the court allowed the evidence to be admitted. In Canada, DNA test results have been used in forensic and in paternity cases. The DNA test results have as yet gone unchallenged in paternity suits.

RCMP policy and procedure on polygraph outlin ed Corporal Leibel, a RCMP Officer, gave an informative talk on the polygraph to members of the Okanagan Criminal Justice Section. He noted that polygraphs measure physiological responses and interpret them.

They are based on the galvanic skin response (sweating), blood pressure and heart rate. The chart will determine whether a person is truthful, deceptive or whether the results were inconclusive. The person could be determined to be a scared/ truthful or an angry I truthful.

Corporal Leibel has found that 60 per cent of those tested produce test results that show truthfulness, while 25 per cent test "deceptive".

He also emphasized that the test is not a substitute for good investigation. Once a charge has been laid, an accused will not be tested unless there are extenuating circumstances, such as the discovery of new evidence or physical evidence showing the accused to be somewhere else at the time the event occurred.

Polygraphs are not done on complainants unless there are extenuating circumstances. In situations where the police are concerned about the veracity of the complainant, the policy is to give the complainant the benefit of the doubt.- Corporal Leibel admitted that in, for example, a murder case where there are five or six suspects and they all take polygraphs, the investigation will focus on those who fail. While polygraphs may be used with good results in RCMP investigations, the trend in case law tends towards ruling polygraph evidence inad~ missible. Section member Bnan Weddell reviewed the two major cases in the area. R.v. Phillian (1978) and R.v. Belland and Phillips (1987) held that polygraphs are inadmissible because they go to credibility, which is for the judge or jury to decide.

Further, there is a Newfoundland Court of Appeal decision that states that merely strapping a person into a machine is a psychological sledge hammer having an aura of oppression about it.

Is test for mens rea objective or subjective for offence of cnminal negligence causing death'?

At a meeting of the Kelowna Criminal Justice Section Mr. Justice Spencer discussed the Supreme Court of Canada's decisions in R. v. Tutton and R. v.

Waite. These cases were concerned with the offence of criminal negligence causing death, and in particular with a question of whether mens rea in these cases is objective or subjective.

In R. v. Tutton, the Tutton family had a diabetic boy. They

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SectionTalk (continued) knew the signs and symptoms of insulin reaction. However they determined that through cosmic intervention their son had been cured and when he went into a diabetic coma they assumed God would intervene and save the boy. The boy died.

Madam Justice Wilson favoured the subjective mens reo..

In summary, she held that since the Tuttons really believed that the boy had been cured, there was no mens reo. to support the conviction. Their actual belief overcame the negligence. She stated that for a conviction in criminal negligence cases, there must be advertent negligence.

Conversely, Mr. Justice Macintyre advocated an objective test.

You consider what a reasonable parent in the position of the Tuttons would do. In his opinion, reasonable parents would have taken the boy to the hospital.

Three of the judges followed Madam Justice Wilson. Two followed Mr. Justice Macintyre.

Mr. Justice Lamer went both ways. As a result, the state of the law is uncertain.

The Waite decision, which was handed down the same day discussed the other side of the question. He indicated that the cases provide fuel for both sides when arguing these cases.

Mr. Justice Spencer felt that Madam Justice Wilson's view would prevail.

Issues affecting economic development on Indian lands In a recent meeting of the Municipal Law Section Bob Bauman reviewed the factors which are accelerating economic activity on Indian lands and outlined some of the issues which are

coming to the forefront as a result of this increased activity.

He noted that some significant land claims are coming to initial trial conclusion. Also, the 1988 amendments to the Indian Act which permit Indian Band taxation on reserve and designated lands have contributed to increased development. Trends toward self-government and such initiatives as, for example, the Sechelt Indian Band Self-Government Act and the Cree-Naskapi (of Quebec) Act, as well as federal government strategies and funding for native economic development have had an impact on economic activity.

This increased economic activity is taking place in the undefined context of Indian land development. In discussing the frictions inherent in this context Mr. Bauman identified a number of issues: a) the applicability of municipal bylaws to reserve lands; b) whether municipalities have a duty to provide services on Band lands; and, c) the possible double taxation on an occupier of Band land.

In discussing the applicability of municipal bylaws to reserve lands, Mr. Bauman was of the view that several recent cases which have been decided on the issue of the validity of land use bylaws, leave little scope for municipal regulation. However, he commented that other legal experts believe that there may be some scope for applicability of municipal business regulation bylaws and bylaws which affect individu~ls per se.

At common law there is a duty to provide monopoly services to lands within municipal boundaries and at the same terms and conditions to all who are similarly situated. Further-

more, in the recent case of Kelowna v. Rondex Equity and Financial Corp. (Kelowna Registry 86/623, Jan. 16, 1989), the judge held that the Province had the jurisdiction to include reserve lands within expanded municipal boundaries without the consent of the Band or the Federal Government. This was because such a move does not affect the Indian status of the Band members. However, it seems that the issue of whether a municipality has a duty to provide services and at what cost is still uncertain.

Section 87 of the Indian Act provides an Indian tax exemption on Indian land. However a 1985 amendment may have narrowed this exemption. Sections 81 and 83 have extended Indian taxation powers to include real property taxation of non-Indian occupiers. This could lead to two levels of tax on an occupier, which in tum could affect the occupier's ability to cornpete in business.

One way to resolve the conflict would be for municipalities to abandon their taxation. Bauman commented that this solution ignores the fact that municipalities still provide services such as roads, parks, libraries, fire protection etc, even where Bands provide basic services such as water and sewer. The municipalities should be compensated for such services. The B.C. response to the dilemma is the proposed Bill 77, 1989, the Indian Land Tax Co-operation Act (not yet in force). Bill 77 makes municipal tax collection tools available to Bands. It also provides that where a municipality enters into an agreement with a Band for provision of services the municipality may impose lower municipal taxes on such land than on other land in the same class. This allows both (Pleo.se turn to page 13)

Due to the volume of new legislation brought into force since the last issue, no new regulations will be referred to in this issue.

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 to verify effective dates.

~

Bonita Thompson

Acts in Force

specting the creation of a "tree spiking" offence.

First Peoples' Heritage, Language and Culture Act, S.B.C. 1990, c.7, First Reading Bill Number 23, respecting the establishment of the First Peoples' Advisory Committee and the First Peoples' Heritage, Language and Culture Council. The Council will provide and distribute monies for and support and advise the government on the preservation and fostering of Native languages and other aspects of cultural development of native peoples in B.C. in force July 17, 1990

Offence Amendment Act, 1989, S.B.C. 1989, c.75, adds a new section 71.1 to the Offence Act, R.S.B.C. 1979, c.305, which allows the court to order that a convicted person pay the costs of investigation of an offence. these costs will be set out in a certificate which may be reviewed by the registrar. Under the authority of the new section, the Investigation and Prosecution Cost Regulation, B.C. Reg. 227/ 90, was enacted on July 17, 1990. section 4 of the Act in force July 17, 1990

Health Professions Amendment Act, 1989, S.B.C. 1989, c.29, amends sections 1 and 2 of the Psychologists Act, R.S.B.C. 1979, c.342. The term "Association" is deleted and replaced with "College of Psychologists of British Columbia". sections 19, 20 and 23 of the Act in force July 20, 1990

University of Northern British Columbia Act, S.B.C. 1990, c.28, First Reading Bill Number 40, establishes the University of Northern British Columbia and an interim Governing Council to be later replaced by a board of governors and senate.

in force July 27, 1990

Forest Amendment Act (No.2), 1990, S.B.C. 1990, c.46, First Reading Bill Number 48, amends sections 38(1),34(1), 55.4, 129.3, 139(1.1), 150, 153, 158 and 161 of the Forestry Act, R.S.B.C. 1979, c.l40, and adds sections 36.1 and 115.1 respecting miscellaneous matters. section 10 (b) of the.Act in force on January 1, 1990 the balance of the Act in force July 27, 1990

Municipal Amendment Act, 1990, S.B.C. 1990, c.60, First Reading Bill Number 50, makes miscellaneous amendments to the Municipal Act, R.S.B.C. 1979, c.290. in force July 27, 1990

Senatorial Selection Act, S.B.C. 1990, c.70, First Reading Bill Number 65, provides a procedure to allow people of B.C. to select persons they desire to represent them in the Senate of Canada. in force July 27, 1990

Municipal Affairs, Recreation and Culture Statutes Amendment Act, 1990, S.B.C. 1990, c.59, First Reading Bill Number 70, amends section 734 of the Municipal Act, R.S.B.C. 1979, c.290, and adds sections 734.2 and 755.4 respecting certification of plans by an architect or engineer and limiting municipal liability where it issues a building permit in reliance on a certificate issued by an engineer or architect. in force July 27, 1990

Statutes Repeal Act, 1989, S.B.C. 1989, c.17, the School Services (Interim) Act, S.B.C. 1982, c.78, is repealed. section 1 (f) of the Act in force July 30, 1990

in force July 20, 1990

Forest Amendment Act, 1990, S.B.C. 190, c.45, First Reading Bill Number 35, adding section 139.1 to the Forest Act, R.S.B.C. 1979, c.140, re-

Natural Gas Price Act, S.B.C. 1989, c.74, and Natural Gas Price Amendment Act, 1990, S.B.C. 1990, c.62, First Reading Bill Number 63. in force August 1, 1990

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Legislative Update (continued) Hazardous Waste Management Corporation Act, S.B.C. 1990, c.19, First Reading Bill Number 38, establishes a Crown Corporation known as the B.C. Hazardous Waste Management Corporation to ensure the development, implementation and maintenance of a comprehensive hazardous waste management system in B.C. The Corporation may, inter alia, participate in the planning of facilities and may lend money to hazardous waste management enterprises. "Hazardous waste" means special wastes as defined in the Special Waste Regulation and includes dangerous goods designated by regulations to the Act. (See also B.C. Reg. 250/90, Hazardous Waste Management Corporation Regulation, enacted August 3, 1990). in force August 1, 1990

Accountants (Certified General) Amendment Act, 1990, S.B.C. 1990, c.29, First Reading Bill Number 42, amends sections 4, 5, 11 and 14 and adds sections 20 to 25 to the Accountants (Certified General) Act, R.S.B.C. 1979, c.1, strengthening the capacity of the Association to develop, monitor and enforce its standards of professional practice. in force August 3, 1990

British Columbia Wine Act, S.B.C. 1990, c.35, First Reading Bill Number 58, establishes a B.C. Wine Institute which will establish standards for wines manufactured from grapes grown in B.C. Each processor of B.C. wine and producer of B.C. grapes for commercial purposes must register with the institute and comply with its bylaws.

Failure to comply is an offence. The institute may establish levies. in force August 3, 1990

Engineers Amendment Act, 1990, S.B.C. 1990, c.41, First Reading Bill Number 27, inter alia renames the Engineers Act, R.S.B.C. 1979, c.109, the Engineers and Geoscientists Act, renames the Association as the Association of Professional Engineers and Geoscientists of the Province of British Columbia and clarifies registration procedures and some administrative issues.

Ministry of International Business and Immigration Act, S.B.C. 1990, c.21, First Reading Bill Number 37, continues the Ministry of International Business and Immigration defining its functions to international trade, investment, and immigration and repeals the Agent General Act. The Apprenticeship Act and section 71 of the Evidence Act are amended consequentially. in force August 3, 1990

Park Amendment Act, 1990, S.B.C. 1990, c.23, First Reading Bill Number 25, consolidates into the Park Act, R.S.B.C. 1979, c.309, the metes and bounds descriptions of 103 Provincial Parks. in force August 3, 1990

Statutes Repeal Act, 1989, S.B.C. 1989, c.17, the Margarine Act, R.S.B.C. 1979, c.250 is repealed. section 1 (c) of the Act in force August 3, 1990

Wildlife Amendment Act, 1989, S.B.C. 1989, c.84, amends section 18(1)(a) of the Wildlife Act, S.B.C. 1982, c.57, respecting resident hunter number cards. (See also B.C. Reg. 258 / 90 amending B.C. Reg. 336/ 82, the Wildlife Act Firearm and Hunting License Regulation, enacted August 3, 1990). section 6(a) of the Act in force August 3, 1990

Miscellaneous Statutes Amendment Act (No.1), 1989, S.B.C. 1989, c.71, amends (a) sections 2, 3 and 5 and adds section 3.1 and 6 to the Social Workers Act, R.S.B.C. 1979, c.389, respecting, inter alia, granting appeals from a decision to cancel or suspend registration and creating an offence and giving injunctive relief where a person misrepresents himself or herself as a social worker without meeting specified conditions. sections 37 to 39 of the Act in force August 3, 1990 sections 40 and 41 of the Act in force July 20, 1991

(b) sections 1, 6 20(5), 25(a), 31(1) and 32(3) of the Mineral Tenure Act, S.B.C. 1988, c.S sections 14(a), (b), (d) and (e) and 15 of the Act in force August 22, 1990

sections 1, 2, 4 to 11, 14 and 15 of the Act

that part of section 17 of the Act which enacts

in force August 3, 1990

section 20 (5) in force January 1, 1991

Indian Self Government Enabling Act, 1990, S.B.C. 1990, c.52, First Reading Bill Number 64, establishes 3 different models by which "tax room" may be provided in order that Indian bands and self governing "Indian districts" may implement systems in which services continue to be provided to the occupants of Indian lands and real property taxes are imposed by the Indian band or district or by a combination of the Indian band or district and Provincial taxing authorities.

sections 19 (b), 20 and 21 of the Act in force January 1, 1991

in force August 3, 1990

Okanagan Valley Tree Fruit Authority Act, S.B.C. 1990, c.63, First Reading Bill Number 75, establishes a Crown corporation, the Okanagan Valley Tree Fruit Authority, to help to ensure an efficient and coordinated approach to the revitalization and transformation of the Interior Free Fruit industry to ensure a strong, dynamic and competitive tree fruit industry. in force August 10, 1990

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Legislative Update (continued) Range Amendment Act, 1990, S.B.C. 1990, c.67, First Reading Bill Number 74, amends sections 1, 21, 22, 23, 24 and 25 of the Range Act, R.S.B.C. 1979, c.355, and adds a new section 21.1. These amendments

(a) clarify that a licence or permit does not convey rights to land, (b) provide compensation in respect of past use by the Crown of land that was subject to a permit or licence, (c)

allow a Minister to change the boundaries of a Crown range to which a permit or licence applies and to reduce the quantity of hay under the permit (advance notice to be given), and

(d) provide a method of calculating compensation payable where a permit or licence has been changed or reduced. These amendments may affect current legal proceedings and 3 sections are retroactive to the extent necessary to give them full force and effect. in force August 18, 1990

Property Purchase Tax Amendment Act (No.2), 1990, S.B.C. 1990, c.65, First Reading Bill Number 70, makes amendments to the exemptions from the tax. Allows a person to apply before August 18, 1991 to claim a reduction based on specific exemptions enacted in this Act.

(c)

in force August 27, 1990

Miscellaneous Statutes Amendment Act, 1990, S.B.C. 1990, c.57, First Reading Bill Number 46,

(a) amends section 4 of the Accountants (Chartered) Act, R.S.B.C. 1979, c.2, respecting possible lay members of the council of the Institute, (b) adds section 22.1 of the College and Institute Act, R.S.B.C. 1979, c.53, respecting borrowing for buildings or land by colleges or institutes, (c)

(a)

in force August 27, 1990

Miscellaneous Statutes Amendment Act (No.2), 1990, S.B.C. 1990, c.58, First Reading Bill Number 67, amends

(a)

sections 1, 23, 29 and 70 of the Architects Act, R.S.B.C. 1979, c.l9, respecting recognition of the role of an architectural firm, authority to require mandatory professional liability insurance and registration of architects licensed to practice in other jurisdictions, and

(b) amends section 1 of the Public Service Labour Relations Act, R.S.B.C. 1979, c.346, respecting the definition of "excluded employees". sections 1 to 4 and 19 of the Act

the lending of money to government bodies,

(b) the alternate use of borrowed money, (c)

amends section 7 and adds section 8.1 to the Institute of Technology Act, R.S.B.C. 1979, c.199, respecting, inter alia, borrowing for buildings and land. sections 1, 6, 15 and 16 of the Act

in force August 18, 1990

Financial Administration Amendment Act, 1990, S.B.C. 1990, c.43, First Reading Bill Number 60, amends the Financial Administration Act, S.B.C. 1981, c.15, respecting, inter alia,

sections 9, 22, 23, 24 and 25 of the Teaching Profession Act, S.B.C. 1987, c.19, respecting miscellaneous administrative matters.

the authority to enter into banking and other financial agreements to allow for efficient management of money, and

(d) a consequential amendment to the Hydro Power Authority Act. in force August 20, 1990

Education Statutes Amendment Act, 1990, S.B.C. 1990, c.38, First Reading Bill Number 41, amends

(a) section 20 of the Pacific Bible College Act, S.B.C. 1985, c.88, (b) sections 19 and 184 of the School Act, S.B.C. 1989, c.61, respecting employment of a teacher who is not a member of the College but who has a letter of permission to teach under the Teaching Profession Act and nondisclosure of student records, and

in force August 27, 1990

Labour and Consumer Services Statutes Amendment Act, 1990, S.B.C. 1990, c.53, First Reading Bill Number 51, amends

(a) section 13 of the Motor Dealer Act, R.S.B.C. 1979, c.287, respecting price and information to be affixed to cars and manufactured homes, (b)

sections 1, 2, 13, 27, 19, 30 and 52 of the Residential Tenancy Act, S.B.C. 1984, c.15 and adds sections 15.1, 35.1, 40.1 and 57.1 respecting

(i) making or assignment of tenancy agreements over 20 years, (ii)

notices of termination because of occupation of premises by adopted children and newborns,

(iii)

manufactured home pad tenancy

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Legislative Update (continued) agreements, (iv)

the hearing by the court or an arbitrator of 2 or more applications respecting substantially similar issues in substantially similar circumstances,

(v)

discrimination against a family that includes a child,

(vi)

validation of section 8.1 of B.C. Reg. 325/ 89 retroactive to October 17, 1989,

(vii)

the renaming of the Mobile Home Act to the Manufactured Home Act, and

(viii) consequential amendments. section 3 of the Act is retroactive to June 26, 1990

make rules respecting these agreements and applications to the Supreme Court to approve remuneration in excess of permitted amounts. sections 1 to 3, 12, 24 to 34, 46, 47 and 55 of the Act in force September 1, 1990

Personal Property Security Act, S.B.C. 1989, c.36, introduces a new system based on uniform legislation for securing personal property. except for sections 79 t 148 of the Act in force October 1, 1990

Personal Property Security Amendment Act, 1990, S.B.C. 1990, c.ll, First Reading Bill Number 26, makes numerous amendments to the Personal Property Security Act, S.B.C. 1989, c.36, including transitional provisions (sections 79 to 148).

section 5 of the Act is retroactive to June 20, 1989

except for sections 54 and 112 of the Act

balance of the Act in force September 1, 1990

in force October 1, 1990

Court Rules Act, S.B.C. 1989, c.22, enacts section 7 which states "The Rules of Courts as they stand on the day this section comes into force are confirmed and validated."

Securities Amendment Act, 1990, S.B.C. 1990, c.25, First Reading Bill Number 56, amends sections 1, 5(2), 24(3) and 31(3) of the Personal Property Security Act, S.B.C. 1990, c.25, First Reading Bill Number 56, amends sections 1, 5(2), 24(3) and 31(3) of the Personal Property Security Act, S.B.C. 1989, c.36, respecting the ability to use securities as collateral for loans where the securities are held and transferred by a clearing agency.

in force September 1, 1990

Justice Reform Statutes Amendment Act, 1989, S.B.C. 1989, c.30, amends (a) section 1 of the Chattel Mortgage Act, R.S.B.C. 1979, c.48, (b) section 26 of the Commercial Arbitration Act, S.B.C. 1989, c.3, (c)

section 49 of the Commodity Contract Act, R.S.B.C. 1979, c.56,

(d) section 47 of the Expropriation Act, S.B.C. 1987, c.23, (e)

Part 10 of the Legal Profession Act, S.B.C. 1987, c.25,

(f)

section 22 (3) of the Rent Distress Act, R.S.B.C. 1979, c.362,

(g) section 143 of the Securities Act, S.B.C. 1985, c.83, and (h) section 22 of the Woodworker Lien Act, R.S.B.C. 1979, c.436 all changing references from "taxation" to "review".

See also amended section 78(3) to (3.8) of the Legal Profession Act which deals with contingency fee agreements, the power of the benchers to

sections 53 to 56 of the Act in force October 1, 1990

Exposure Bills Pension Benefits Standards Act, First Reading Bill Number 44, introduced on July 26, 1990 and left on the Order Paper. The purpose of the bill is to set minimum standards for all pension plans in the province. It has an effective date of January 1, 1993.

Builders Lien Act, First Reading Bill Number 52, introduced on July 26, 1990 and left on the Order Paper. This bill reflects the recommendations made by the Select Standing Committee on Labour, Justice and Intergovernmental Relations in its Report of May 31, 1990.

Statutory Appeals Procedure Act, First Reading Bill Number 69, introduced on July 24, 1990 and left on the Order Paper. This bill is intended to implement recommendations #114 of the Justice Reform Committee Report respecting standardizing procedures for appeals to court.

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Supreme and County Courts merge The Supreme and County Courts have merged to form one superior trial court for the province.

The creation of one large superior court provides every region of the province with a resident Supreme Court Judge who has the authority to handle any kind of civil or criminal case.

Under the two-court system, the jurisdiction of the County Court was restricted and most civil cases involving more than $50,000 and serious criminal cases could only be tried in Supreme Court. Vancouver-based Supreme Court Judges also were required to travel around the province in spring and fall assizes to allow cases to be heard in smaller communities.

The merger eliminates assizes.

In the past, those cases that fell outside the jurisdiction of the County Court occasionally had to be delayed or tried in Vancouver because the backlog of cases there meant the court couldn't justify sending a Supreme Court Judge out on an assize for just one or two cases.

While this was an efficient use of the judge's time, it involved a great expense and inconvenience for those having to come in from outside the Lower Mainland.

Ottawa has now officially appointed all B.C.'s County Court Judges to the Supreme Court, thereby increasing the number of Supreme Court Judges from 36 to 83. The new judges will travel on a circuit, rotating between their own judicial districts and Vancouver which will balance the workload and give outlying regions a variety of judges.

Chief Justice of the Supreme Court, William A. Esson, will direct the rota and scheduling for the merged court. David H .

Campbell, Chief Judge of the County Courts has been appointed to the newly established position of Associate Chief Justice effective July 1, 1990.

All county court case files are now Supreme Court case files and any actions commenced on or after July 1 must be filed in Supreme Court.

New provincial court judges appointed Seven new provincial court judges have been appointed.

They include: Thomas J. Cove, Anne W. MacKenzie, Elizabeth A. Arnold, and Ronald D. Fratkin (serving Vancouver); Paul V. Hogan (serving Prince George); Margaret E. Rae (serving Surrey); John I.D. Joe (serving Victoria / Nanaimo).

Land office moves to New Westminster

overhead costs are another benefit of the merger, allowing the government to run a more efficient and economic operation.

The new land title office will be located at 80 - 6th Street in New Westminster.

Supreme Court Chief Justice appointed Mr. Justice Antonio Lamer has been appointed Chief Justice of the Supreme Court.

Chief Justice Lamer brings wellrounded experience to the post.

He's been a practitioner, professor, President of the Law Reform Commission of Canada, and a member of the Quebec Court of Appeal. He was a member of the National CBA Council between 1964 and 1974 and was Chairman of the National Criminal Justice Section.

Ceiling raised on small claims

The new land title office in New Westminster is expected to open in November, 1990 after renovations and installation of computer equipment is completed.

Legislative amendments have been announced which will allow, upon proclamation of the Small Claims Act, claims for debts or damages up to but not exceeding $10,000 to be heard in Small Claims Court.

"To accommodate conversion of Robson Square to a family court, we need to relocate a number of government offices including the Vancouver Land Title Office," said former Attorney General Bud Smith in a news release.

A recent news release from Attorney General Russell Fraser states that these changes will ensure that the dollar limit on small claims keeps pace with inflation and will keep court litigation affordable for small claims cases.

The Vancouver Land Title Office will relocate and amalgamate with the New Westminster Land Title Office.

Campbell receives Q.C.

The new, consolidated office will offer faster land title search and registration services to the public through its expanded computer facilities. Reduced

Federal Justice Minister and Attorney General Kim Campbell will be awarded the designation of Queen's Counsel at a ceremony in Vancouver in September.

10

Three easy steps start recycling in your firm B.C. law firms are leading the way in making office paper recycling part of daily business.

Over the past two months, the Lawyers Recycling Project has given advice and assistance to nearly 250 B.C. laws firms interested in recycling. Many of these firms are, or soon will be, recycling office papers.

For those of you whose firms are not yet recycling, here's a quick sketch of what's involved.

Step One Get a rough estimate of how much recyclable waste paper your office produces. You can get a 'quick fix' on this by multiplying the number of law-

yers and staff in your office by 4.3 kilograms (the approximate volume of recyclable waste paper an office worker generates each month). Next, reduce this figure by 20 per cent to account for paper that doesn't make it to the recycling bin. You now know approximately how much recyclable waste paper your office generates each month.

Step Two Find a recycling company in your area to service your office.

Your choice of recycling companies will depend on where you're located and how much recyclable waste paper you generate. In some parts of the province there may only be one recycling company, or none at

Beyond paper recycling Recycling paper is only part of making your office environment friendly. Here are a few suggestions on how to make a green workplace.

Encourage people to reduce the volume of paper they use: .6. Make two sided copies, especially of long documents .6. Use the backs of old documents for scratch pads and note paper

Try to keep memos and letters to one page .6.

Circulate one copy of a memo with a routing slip attached instead of making copies for everyone in the office .6.

.6. Regularly update distribution lists and circulate material only to those who need to see it .6. Use the telephone to send messages wherever possible, rather than sending a memo .6. If you must send a memo, use only as much paper as is needed (e.g., use half sheets of

scrap paper) .A. Write rough drafts of letters and reports on the unused side of discarded paper.

Choose recycled and recyclable products or products containing some percentage of recycled material when they are available. Ask your retailers about providing recycled alternatives in merchandising and packaging.

Switch to recycled paper for all your office needs.

Eliminate the use of all non-recyclables: .6. Avoid envelopes with plastic windows, substitute open windows .6. Don't buy foil-laminated, waxed or plastic coated paper products; they are not recyclable .6. Avoid asphalt and nylon fibre tapes; substitute gummed draft tapes

(Please turn to page 11)

all. As well, some recycling companies only pick up large loads, and so smaller offices may have trouble finding someone to service them.

Step Three The final step is to get your office recycling program under way. This involves designating someone to coordinate your program, educate your staff, publicize the program and make recycling a part of your regular office procedure.

The Lawyers Recycling Project can help you get your waste paper out of the trash and into the recycling bin.

John Mostowich, the Lawyers Recycling Project student, is available until the end of November to provide consultation to law firms. For more information, contact Mostowich at 631-3131.

Recovery of costs set for environmental cases Attorney General Russ Fraser has announced that regulations are now in place for the recovery of Crown witness and investigative costs into designated environmental offenses.

These offences include damaging or destroying wildlife habitat, intentional environmental damage, and illegal application or disposal of pesticides .

Section 71.1 of the Offence Act provides that where a person is convicted of a prescribed offence, the court may order the defendant to pay the cost of the investigation including witness costs. A prosecutor may then apply to a Supreme Court Registrar to assess the costs associated with the investigation and enforce payment of the assessed costs.

11

Recycle this newsletter After considerable investigation by our printers, we sourced a recycled/recyclable stock similar to the stock which had been used for BarTalk. However, the advice given to us was that

even though the stock was recyclable, because of its glossy appearance, it would probably be rejected by recycling programs.

Therefore, it was decided to change BarTalk to a matte finish

Canadian law firms host twelve Hungarian lawyers The Canadian Bar Association has matched Canadian law firms as hosts to twelve Hungarian lawyers who will participate in the Canada/Eastern Europe Lawyers' Internship Program this fall.

The internship program, announced last January by CBA President John Jennings, Q.C., and chaired by Ottawa lawyer Maureen McTeer, is designed to help lawyers from Eastern Europe to contribute to the redemocratization of their countries and their legal and political institutions.

The first group of interns to

Beyond paper (continued)

A Don't use Styrofoam cups; encourage staff to bring their own mug to the office, or buy a set for the office. Also, avoid using disposable plates and utensils A

Initiate recycling in cafete-

rias A Reduce the amount of nonrecyclable plastics used in your office. If you do use plastic, reuse it as much as possible before throwing it away.

visit Canada under the twoyear program is being coordinated with the help of the Hungarian Bar Association. From September to mid-December, twelve interns selected by the CBA will be introduced to the Canadian legal system and hosted at law firms across Canada. Law firm sponsors will provide a monthly stipend of $1,500 as well as accommodation and return air fare between Hungary and Ottawa. Sponsors will also assign a person to act as the intern's mentor to provide friendship, hospitality and guidance while in Canada.

stock to ensure that it would be recycled by all recipients.

The stock chosen is a Simpson Recycled Offset- a high quality recycled and recyclable stock. This paper contains a minimum of 50 per cent waste paper, including post-consumer, post-commercial and dry paper waste, and has a high content of de-inked fibre.

Asia Pacific specialist list broadened The Asia Pacific Foundation of Canada has accelerated work on its specialists database which will assist Canadians who deal with the Asia Pacific region.

Diana Broome, director of the Foundation's Information Program, indicated that the current academic database is being enlarged to help the growing number of Canadian companies expanding their operations to and within Asia.

Although the deadline for sponsors for the first group of interns closed on June 30, 1990, if you would like further information about the program, contact Stephen Hanson, senior director, communications, CBA (613) 237-2925.

Broome added that the databank will now include professionals and business persons from the private sector and government who have working experience or knowledge of the Asia Pacific region.

Toll-free line gives info on access

included in the Specialists Database, contact Kathy Zastawny of the Asia Pacific Foundation at 684-5986.

The B.C. Coalition of the Disabled has launched a new service providing information, education and consulting on barrier-free design by calling tollfree to 1-800-665-9010.

Be aware of other recyclable products in your office such as tin, bottles, some plastics and printer ribbons.

The new information line allows designers and builders to get the latest information on barrier-free design to help make buildings more accessible.

Suggest that cleaning staff use biodegradable cleaners.

In Vancouver, the service can be accessed by calling 875-0188.

If you are interested in being

Conference to note Wayne Chapman, presidentelect of the National CBA, will speak at the opening session of the lOth Inter-American Conference on International Commercial Arbitration.

The conference will be held from Oct. 31 to Nov. 1, 1990 at the University of Ottawa.

Contact the conference organizers at (613) 224-1741 for info.

12

BC OnLine delivers new, user-friendly personal property registry Effective October 1, a telephone, a modem and an IBM compatible desktop computer are all you'll need to conduct a personal property search or register some new personal property.

That's when the provincial government will introduce its long awaited Personal Property Security Act, an act designed to make obsolete the current maze of regulations governing nearly all transactions secured with personal property.

As Finance and Corporate Relations Minister Mel Couvelier points out, the act represents a whole new framework for personal property lending, one designed to make the process more efficient and less risky than it is at present.

Under the new system, all secured transactions will be registered in a single, computerized registry called the Personal Pro-

perty Registry. The new registry contains information about all current personal property registrations against a particular debtor or against a serial numbered item of property.

This service is the latest in a series of popular BC OnLine databases attracting more than 6,500 users since the first one became available in July 1989. BC OnLine customers will be able to save time, trouble and money by conducting property searches and registrations electronically from their place of business, 12 hours a day, six days per week, from 8:00a.m. to 8:00p.m.

"Businesses in regions without registries were without immediate access to time-sensitive data," comments Minister of Government Management Services Carol Gran. "And that was simply not good enough in a competitive province like British Columbia."

B.C. will be the only jurisdiction in Canada to offer remote registration of personal property.

BC OnLine is a program of the Ministry of Government Management Services. It is delivered by BC Systems, a Crown Corporation.

There are no subscription fees for BC OnLine. Customers pay for searches, registrations, and connect time only. The payment process has been kept simple, with a single account structure for all databases.

There's also a single point of contact for any technical or administrative questions.

Call1-800-663-6102 for more information about BC OnLine.

This article was prepared by George Callicott, a Victoria-based freelance writer specializing in technology and its applzcations.

Decade of International Law kicks off in October The United Nations Decade of International Law will be launched at a special event at the Law Courts on U.N. Day, Wednesday, October 24, 1990 from 5:00 to 6:30 p.m.

Featured speakers will be Alan Beesley and Arthur Campeau who will discuss the topic "The Law of the Atmosphere."

This special program of the United Nations Association in Vancouver is co-sponsored by the International Law and Environmental Law Sections of the B.C. Branch.

Lawyer Referral operator Daphne Seagram provides assistance to Lawyer Referral callers. The Branch's lawyer referral system has recently been transferred to a computer database to better handle the high volume of calls received by the Branch.

A complete panel re-registration will be undertaken in the next few months to update the Branch's lawyer referral database.

For further information, please call the United Nations Association office at 733-3912.

13

Section registration second call B.C. Branch Section Coordinator Fran Hodgkins and Branch secretary Barb Murphy have been extremely busy inputting more than 2,300 member requests for a total of 8,800 section registrations. This works out to an average registration of four sections per member.

Section activity has already begun with many meetings of the 46 sections scheduled in September. If you haven't corn-

pleted your section registration form, a second notice is included with this issue of BarTalk. Complete the form now to ensure you receive section notices and minutes of interest to you.

If you have any questions about

your section registration or your section mailings, please contact Section Coordinator Fran Hodgkins at the B.C. Branch office (687-3404).

Fran Hodgkins, section coordinator

N ew projects funded by the Law Foundation of B.C. The Governors of the Law Foundation of B.C. approved first time funding for 13 new legal projects at their June meeting. These include:

Advocates for the Environment -$610,000 (3 years) (Start Up Assistance) Port Alberni Women's Resource Society - $37,493 (Family Court Advocacy Project) Together Against Poverty Society- $35,450 (Welfare Advocacy Project) Carrier Sekani Tribal Council - $50,000 (Legal Ed. Project) B.C. Branch, Canadian Bar Association- $42,500 (Legislation and Law Reform Officer) Passage House - $282 (Legal Education Materials) Vancouver Community College- $15,000 (Legal Cornpo-

SectionTalk (continued from page 4) parties to be compensated and avoids double taxation of residents. Bauman noted that cooperation in taxation leads to cooperation in servicing.

He concluded that rational development of Indian lands within a municipality requires the use of the municipal infrastructure. Both the Band and the municipality stand to benefit from such cooperation.

nent Court Interpreters Program)

Services Society- $25, 460 (Legal Information Services)

Indian Homemakers' Association of B.C.- $11,400 (Conference: Native Women and the Law)

Yellow Pages Legal Services advertisements - $72,500

First Nations Congress$13,500 (Research on Aboriginal Court Cases) Canadian Institute for Environmental Law and Policy $2,500 (Textbook- Strict Liability and the Defence of Reasonable Care) Turtle Island Earth Stewards Society- $12,692 (Environmental Legal Research Project) Canadian Parks and Wilderness Society- $14,500 (Legislation for Conservation Projects) Terrace Anti-Poverty Group Society- $44,700 (Advocacy Project)

Northern Association of Injured and Disabled Workers -$46,186 (Advocacy Project) B.C. Public Interest Advocacy Centre- $34,640 (Variation of three year funding) Mental Patients' Association - $45,527 (Courtworker) Canadian Bar Review$19,640 UVic Institute for Dispute Resolution- $35,512 (Evaluation of Small Claims Mediation Project); $8,325 (Conference on Natural Resources Dispute Resolution) B.C. Courthouse Library Society- $2,119,450 (Operating Grant)

Support for previously funded projects or programs was confirmed as follows:

Spetz Publishing Ltd.- $525 (Decisis)

Legal Services Society $850,000 (Computerization); $13,900,000 (Operating Costs to 1993/94)

End Legislated Poverty $6,910 (Computerization for Legal Information Project)

B.C. Branch, Canadian Bar Association- $91,132 (Lawyer Referral); $118,396 (Dial-ALaw) Sunshine Coast Community

Nelson District Community Resources Society- $2,250 (Legal Supervision for Advocacy Project) Interest from lawyers' general trust accounts enabled the Foundation to make a total of $14.5 million in grants thus far in 1990.

14

B.C. best-seller hits stands soon The B.C. Branch's annual Lawyers Telephone, Fax and Seroices Directory will be published in late September.

To date, over 8,300 copies have been ordered and last year's entire press run was sold out.

Don't delay in ordering Directory copies for you and your staff. Take advantage of the 10 per cent pre-publication discount; prepaid orders in B.C. also include shipping and handling charges. Use the enclosed flyer to place your order today.

Participate in the 1990/91 VALA survey The Vancouver Association of Legal Administrators (VALA) and the B.C. Branch will publish its annual salary surveys in November.

The two survey questionnaires, Lawyer and Legal Assistant Hourly Rate and Law Firm Support Staff Salary, will be distributed to all law firms in early October. Results of the surveys will be available in mid-No-

vember. The VALA Spring Survey will no longer be undertaken.

These surveys will be conducted by Linda Penner, Inc., an independent law-firm consultant.

Further information can be obtained from Jay Maclean, VALA president, at Kane, Shannon & Weiler (591-7321).

Product of the month Purchasing a car is made simple and economical by using ProGroup, a program endorsed by the B.C. Branch's Member Services Committee.

ProGroup's car purchase plan offers Canadian Bar Association members (including family members) and their employees a complete selection of domestic products at $150 over in-

voice on most factory ordered 路 vehicles.

Prices on all other vehicles, imported and domestic, vary depending upon supply.

The enclosed brochure provides further details about the plan.

To discuss your next car purchase, call a ProGroup plan executive at (604) 270-4466.

Dates to Note For further information, contact the B.C. Branch unless otherwise noted September 23 - 27, 1990 Canadian Bar Association National Annual Meeting London, England September 28 - 30, 1990 Paisley Conference Paisley, Scotland (Contact CLE at 669-3544 for conference brochure and registration form) October 27, 1990 B.C. Branch, CBA Local and County Bar President's Meeting Law Courts Inn, Vancouver November 13 Bench and Bar Dinner Law Courts Inn, Vancouver December 8,1990 B.C. Branch, CBA Provincial Council Meeting Law Courts Inn, Vancouver January 26, 1991 B.C. Branch, CBA Provincial Council Meeting Law Courts Inn, Vancouver February 21-26, 1991 National Mid-Winter Meeting Regina, Sask.

March 14, 1991 B.C. Branch, CBA Provincial Council Meeting Westin Bayshore, Vancouver

B.C. Branch Canadian Bar Association

Winter Convention '91

March 14-17,1991 Winter Convention '91 Westin Bayshore, Vancouver

March 14-17 Vancouver

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

Mark your calendar now!

Copyright the British Columbia Branch of the Canadian Bar Association -1990.

FAX: 669-9601

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