bartalk | june 2010

Métis Nation – A Distinctive People, a Growing Nation PAGe 12

TReATY COMMISSION | THe eARLY DAYS OF LAW | FIRST NATIONS COuRT

JuNe 2010 | www.cba.org/bc

Photo credit: Patricia Jordan

2 BarTalk / JUNE 2010

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Cover photo (L-R): Métis B.C. Nation President Bruce Dumont, Royal Canadian Mountie Chase Willier and Jo Dante enjoying the 2010 Vancouver Winter Olympic festivities.

LAW WeeK 2010 – KAMLOOPSHARRY POTTER MOCK TRIAL

KAMLOOPS COuRTHOuSE LIBRARY DISPLAYS

RCMP POLICE DOG DRILL

JUNE 2010 / BarTalk 3

ContentsVOLuMe 22 / NuMBeR 3JUNE 2010

Departments4 FRoM THe PReSiDeNT What Did You Just Say? by James M. Bond

5 exeCUTive DiReCToR Moving Forward on the Rule of Law by Caroline Nevin

6 NoTHiNg oFFiCiAL You Know Why They Call it Golf? by Tony Wilson

7 oN THe WeB Technology: Identifier Code by Patricia Jordan

8 PRACTiCe TALK Is the Justice System Ill? by David J. Bilinsky

9 DAve’S TeCH TiPS

Sections 10 SeCTioN UPDATe Real Property – Vancouver Aboriginal Law – Vancouver Aboriginal Law – Vancouver Island Wills and Trusts – Victoria

11 2010 NATioNAL ABoRigiNAL LAW CoNFeReNCe Features & Guests12 MéTiS NATioN BRiTiSH CoLUMBiA by Stephanie albiston

13 ReSoLviNg TeRRiToRiAL iSSUeS A PRioRiTy by the B.C. Treaty Commission

14 FiRST NATioNS CoURT oF BRiTiSH CoLUMBiA by The Honourable Judge Marion Buller Bennett

15 JoiN THe PRoPoSeD ABoRigiNAL LAWyeRS FoRUM by Christina Cook

16 SMART PHoNe eTiqUeTTe by kimberly law

17 THe eARLy DAyS CiRCA 1948 FoRWARD by ron MacIsaac

Inside This IssueThe cover gives it away. This BarTalk has an aboriginal law focus. It has been a long time coming. While our magazine has occasionally reported on aboriginal issues, this is the first time that we received a sufficient number of contributions to make an issue out of it (no pun intended). Our other focus, as always in June, is a photo recap of Law Week (pp. 2, 19 and 22). If you have topics or themes, that you would like to discuss or read about in BarTalk, please let us know ([email protected]). News and Events2 Law Week 2010 Photos – Kamloops CBA Canadian Legal Conference: Niagara 2010 18 CBA Says Bill C-3 Falls Short in Addressing Sex Discrimination 2011 Directory is Coming! 19 Report on the CBABC WLF’s Mentoring Program Law Week 2010 Photos – Fun Run 20 Robert Brun, QC elected CBA National Second Vice-President New Master’s Program in Law, Justice and ethics 2010 CBABC Work Life Balance Awards Luncheon 21 Legislative update Branch & Bar Calendar CBABC/VBA 14th Annual Golf Tournament LLRC: CBABC Voice for Law Reform 22 The Race Is On: Save the Date! Law Week 2010 Photos – Vancouver Also In This Issue2 eveNTS

23 gRANTS APPRoveD

24 PRoFeSSioNAL DeveLoPMeNT &

MeMBeR SeRviCeS

25 DiSPLAy ADS

26 BAR MoveS

27 NeW MeMBeRS


FROM THE PRESIDENTJAMeS M. BOND

What Did You Just Say?The issue of bilingualism in the Supreme Court of Canada.

However, I will re-state two obvious realities. First, a fully bilingual Su-preme Court of Canada is a laud-able goal. Second, there are relatively few jurists in British Columbia who understand French and English with-out the assistance of an interpreter.

Many of you will know that as a Branch of the Canadian Bar As-sociation, the CBABC is bound to follow national policy on an issue. As of this point, the Canadian Bar Association does not have a na-tional policy on Bill C-232 specific-ally. However, the CBA has passed a number of resolutions over the past couple of decades that deal with bilingualism of jurists. The most recent resolution calls on government to consider bilingual-ism a “merit criteria” (that is, that bilingual ability should be a factor in considering applicants for the Supreme Court of Canada).

In my personal view, the cur-rent CBA resolution on the mat-ter is the best approach. It means that bilingualism would be a posi-tive factor to be considered in an

applicant’s undoubt-edly already impres-sive set of personal characteristics and accomplishments, but unilingualism would not be a bar to appointment.

In any event, it is quite likely that Bill C-232 will be the subject of de-bate at the CBA’s annual general meeting in Niagara this August. It will also be on the agenda for the upcoming British Columbia Provin-cial Council meeting on June 19th.

Consider this fair warning. If you want your Provincial Council

(and the British Columbia Branch generally) to take a position on this matter if and when it arises at the CBA National Council in August, then we need to hear your views on the subject now. If you do not let your views on the subject be known, we can-

not act on them. We hope that you will take this opportunity to give us your thoughts so that the British Columbia delegates to National Council can continue their strong tradition of advocacy on issues important to CBA members from this province.

You may also wish to voice your views to other law-related organ-izations in British Columbia. It is interesting to note that the only law-related organization to ad-dress Bill C-232 during hearings of the Standing Committee on Justice and Human Rights was the Law Society of New Brunswick. As I’m sure you know, New Brunswick is the only officially bilingual prov-ince in Canada. It is perhaps not surprising, then, that the Law So-ciety of New Brunswick supported the legislation.

A bientôt.

I don’t know if a private member’s bill has ever garnered so much attention. Last month, Bill C-232, which will require that all appoin-tees to the Supreme Court of Canada understand French and English without the assistance of an interpreter, passed third reading in the House of Commons and moved on to the Senate for consideration.

I have heard from many members on this issue. I have even heard from a few non-members. In fact, I have received more correspond-

ence on this issue than I have on all other issues during my term of office combined. It is clear that there are some strongly held views on the legislation, and, in particular, on the perceived impact that the legislation may have on the available pool of British Columbia candidates for this country’s top court.

The arguments for and against Bill C-232 have been well laid out elsewhere and I will not repeat them in detail here.

James M. Bond [email protected]

There are relatively few jurists in British Columbia who understand French and english without the assistance of an interpreter.


ExECuTIVE DIRECTORCAROLINe NeVIN

The CBA Code of Professional Conduct states that a lawyer, “...by training, opportunity and ex-perience, is in a position to ob-serve the workings and discover the strengths and weaknesses of laws, legal institutions and pub-lic authorities. The lawyer should, therefore, lead in seeking improve-ments in the legal system…”

The CBA and its members are working hard to fulfill that com-pelling leadership role, both at home and abroad. The work of the CBA Branch/National Sections and Legislation and Law Reform Committees ensures that both public and confidential input is provided by some of the best law-yers in any given field. No other organization is trusted in this way by Canada’s federal and provin-cial governments, regardless of political stripe. Our non-partisan commitment is to provide the best possible legal advice to help pro-duce the best laws and justice sys-tem, and governments trust us to provide our best counsel.

Further afield, the CBA International De-velopment Program manages an amazing series of projects that bring together CBA volunteers, staff and local partners (cba.org/cba/idp). Over the past 20 years, the CBA has worked to support progress in protecting the rule of law and administration of justice in 29 countries around the world, with funding from the Govern-ment of Canada (CIDA).

The CBA Young Lawyers Inter-national Program offers 18 lawyers each year the opportunity to work with legal human rights and legal development organizations over-seas. These internships provide inter-national legal organizations with young lawyers who have the exper-tise to make a professional contri-bution to their work and give young lawyers international experience ear-ly in their careers, to help them ob-tain experience and employment. It is an exciting program, with passion-ate and enthusiastic participants.

The CBA is also a member of the International Bar Association (IBA), which has a strong inter-national development arm, the Human Rights Institute (IBAHRI). The IBAHRI is actively engaged in international work to engage the legal profession in promot-

ing the rule of law, and responding to the global financial crisis and terrorism. The IBAHRI has also been involved in rebuilding the legal infrastruc-ture in crisis environ-ments such as Haiti.

B.C. lawyers have a unique opportunity to learn more about the

IBA this year – Vancouver will be hosting the IBA Annual Confer-ence from October 3-8, 2010. Of particular note is the Rule of Law Symposium on Friday, October 8th (ibanet.org).

The CBA and IBA have the cred-ibility and infrastructure to main-tain longstanding projects and partnerships that allow lawyers, judges, law professors, students and governments from all around the world to make a difference. We are moving forward, charting a course to a better future, and you are invited to come on board.

“Greatness is not where we stand, but in what direction we are moving. We must sail, sometimes with the wind, sometimes against it, but sail we must, and not drift nor lie at anchor.” – Oliver Wendell Holmes

One of the basic tenets of the legal profession is that lawyers have both the right and duty to ensure the spread of the rule of law and to participate in its development. This concept was codified internationally in the United Nation’s 1990 Basic Principles on the Role of Lawyers and by the “Turin Principles”

adopted by the Union Internationale des Avocats in 2002.

Moving Forward on the Rule of Law The Critical role of lawyers in International Development.

Caroline Nevin [email protected]


nothingofficialTONY WILSON

hole there (a Par 4 over a small bay), I figured the scuba divers were hav-ing more fun diving for balls than the golfers were hitting them.

Lots of lawyers golf, probably because lots of clients do. I nor-mally golf once a year. I hope to golf way less than that this year. You see, at this point in my life, I need activities that remind me I’m alive, not dead. A well-landscaped golf course could be confused for a cemetery from the air. And from the ground too. I’m sure one day, in the name of good urban planning, they’ll combine the two and call it a “golfatery,” where you could pay your respects to Aunt Mable, and work on your short game too.

It was my brother who made me realize how much I didn’t like golf. He invited me to Phoenix for a long weekend of “golf school,” on his nickel. I thought about it. And then I realized “hey… I’d rather watch paint dry, but thanks anyway.”

Frankly, I need more adrenaline, adventure and, yes, danger than I can ever get with golf. I need to

know I could snuff it if my air runs out under-water off Curaçao, or if I catch an edge skiing down the Horstman Glacier on Blackcomb with too much zeal. I need to know that my life is on the line rather than just a bet for beer or money. Perhaps Tiger Woods’ problem wasn’t an addiction to waitresses and sex, but total boredom with golf.

So to boldly go where I’d never gone before, I performed a bit part in the “Lawyers Show” in May and realized what a rush it was to do 49 words of Shakespeare in front of a live audience. I hope to double that next year. Shakespeare, however, won’t eat you, nor will you require the services of a decompression chamber or the Coast Guard if you flub your lines. Preferring my ad-renaline with more of a bite, most of you know I did a cageless shark-feeding dive near Nassau in 2008 for all of YouTube to see. What you don’t know is that I’m planning another one in Guadeloupe for

2011, where the Great Whites insist on cages for their humans. In March, I dove in Aruba on a German wreck sunk in WW2 and I’ve booked a dive in Turkey for August.

I ski most weekends in the winter. I sail most weekends in the summer. The Vic-Maui yacht race to Lahaina

and the Plymouth-Dakar Car Rally in North Africa are on the very top of my bucket list. So in com-parison, golf just won’t cut it unless I’m play-ing for my life against sharks, Nazis or Bond Villains – or the game is played while jump-ing off a skyscraper.

Which brings me to my next point. On September 14, I’ll be jumping off a skyscraper. For char-ity of course. I’ve signed up for The Drop Zone to rappel off 999 West Hasting Street, with all donations going to the Easter Seals, which is an excellent charity that funds pro-grams for children with disabilities.

I think I’ll do it wearing “golfing attire.” You know, to make golf look more exciting.

I can safely say I’ve given golf my best shot (so to speak), and I’ve decided to hang up my shoes, retire my clubs and direct my recrea-tional hours to activities that are more exciting than shooting “a wee little ball into a gopher hole 18 ****ing times.”

I really should like golf. I grew up in two different houses in Victoria, both of which were a three iron shot (or less) from the finest courses in B.C. Our first house was directly across the street from the 16th hole

at Uplands. At age 11, my buddies and I would golf for free by running through the neighbour’s yard, cutting through some woods and playing a hole or two. But I had just as much fun stealing the balls that landed on the fairway as I did hitting them. A junior membership at 12 made me more honest, but it didn’t compel me to golf more. Our next home was directly across the street from the Victoria Golf Club. But I lost so many balls on the 5th

You Know Why They Call it Golf?Because the word that rhymes with “truck” was taken.

GO ONLINe FOR MORe INFORMATION

The 2010 Vancouver Drop Zone will take place on September 14, 2010. If you’ve enjoyed Tony’s columns over the years (and even if you haven’t) please go to www.thedrop-zone.ca/2009e/ then click on Van-couver under 2010 Event Locations then click on Sponsor a Superhero to sponsor Tony Wilson.


onthewebPATRICIA JORDAN

Technology: Identifier Code How technology impacts privacy.

resolution flatbed scanner. Zoom-ing in will reveal the yellow dots when they are present. To enhance the dots more clearly, you can use software like Adobe Photoshop to show the blue channel of the image where the dots are more visible. The dots are printed in a specific pattern that allows author-ities to identify the individual who printed a particular piece of paper based on the printer. The dots can identify the serial number of the printer and often includes the time and date the page was printed. The Electronic Frontier Founda-tion (EFF) has deciphered many marking schemes used by manu-facturers. EFF has published a list of colour printer and photocopier manufacturers that use this tech-nology on their website at www.eff.org. Monochrome laser print-ers and inkjets do not appear to leave identifier code.

I spoke about identifier code with J. Geoffrey Howard, a Partner and Head of Gowling Lafleur Hender-son LLP’s Vancouver Employment

and Labour Law prac-tise. He also practises in the area of privacy law. I asked if it is a human rights or pri-vacy law violation for government and manufacturers of printers to track the activity of customers without their knowledge or con-sent. He commented, “This type of data collection does not really infringe human rights laws, such as the B.C. Human Rights Code, since they mainly focus on pre-venting and remedying discrimin-ation. However, any attempts to collect and use this data against in-dividuals by private sector actors or even government may breach privacy laws, such as B.C.’s private sector Personal Information Pro-tection Act (PIPA). While in many cases the information about the printer relates to a corporate owner or user of the machine, in some cases, the owner or user (e.g. a les-see) will be an individual and thus such information, together with the document itself, is arguably

‘personal information’ about them. PIPA regulates the collection, use and disclosure of personal infor-mation and generally requires some sort of consent (e.g. implicit, negative option or express) to any collection, use or disclosure of personal information. If the gov-

ernment wants to use such information to investigate a crime, for example, they will normally have to get a warrant to get it. Un-less there are new laws passed, the machine manufacturers and other parties who can say where a particular machine is by serial

number, should probably decline to provide location information if requested by a non-law enforce-ment agency and even by a law enforcement agency, unless the re-questor can show lawful authority such as under a warrant.”

SiTe DU JoURwww.seeingyellow.com\\

Seeing Yellow is a resource site created by the MIT Computer Culture Group that contains in-formation about yellow tracking dot technology.

Did you know that most colour printers leave an iden-tifier code on each piece of paper that is printed? Al-though that sounds unlikely, it is true. Several years ago, the United States Secret Service asked manufac-turers of colour printers and photocopiers to include technology in their products that would allow them to track the source of print material. Initially, the request

was made so that the Secret Service could track counterfeiters.The technology behind the identifier code is ingenious. It

is a series of yellow tracking dots that are invisible to the eye under normal light. They are often printed across the entire page, including blank portions of the page. These yel-low tracking dots can be viewed with a blue LED light in a darkened room, under magnification or by using a high-


Patricia Jordan is the CBABC Web Manager. She welcomes your com-ments, questions and suggestions. Tel: 604-646-7861; Email: [email protected]; visit: www.cba.org/bc.


DAVID J. BILINSKY

practicetalk


Is the Justice System Ill? Perhaps a cure is something entirely different...

“too complex,” while 97 per cent agreed that it is “too expensive.” In addition, 80 per cent disagreed with the statement: “Outcomes are driv-en more by the merits of the case than by litigation costs.”

This sounds eerily familiar, con-sidering our new B.C. Supreme Court Rules come into effect on July 1. One can ask: If the same symptoms are felt in different juris-dictions, perhaps all of the jurisdic-tions are feeling the same disease?

Albert Einstein once said: “We can’t solve problems by using the same kind of thinking we used when we created them.” Perhaps the problems with the current sys-tem are inherent within the system itself. To follow this further then, adjusting the rules – in any fashion – and no matter how well thought out – may be the legal equivalent of rearranging the deck chairs on the Titanic.

Aside from the comments of the ACC noted above, what are some of the structural weaknesses of the current civil justice system?

SyNCHRoNoUS:�� The current system calls for all parties and their counsel, the judge and others to be physically present in the same location at the same time, usually on multiple dates. Lives are complex today and setting aside that time to be at a location is challenging, particularly if the date ends up being rescheduled.geogRAPHiCALLy TieD:�� Time is money and having to physically travel to a set location – time and time again – has a cost in terms of lost time (opportunity cost) as well as the actual costs of travel.iNSTiTUTioNAL CoSTS:�� Courts, judges, court staff – all have costs associated with them. Govern-ments can either absorb costs or seek to recover them from the par-ties. However, seeking to recover these from the parties only acts as a further disincentive to seek justice.PRoCeDURALLy DeTAiLeD:�� In-dividuals come to the justice sys-tem to seek redress. While process

is important, dealing with com-plex rules can also serve as a bar-rier to those with smaller claims. Process can also be manipulated by those crafty enough to figure out how and this may frustrate justice.ADveRSARiAL:�� Perhaps the most central feature to the civil justice

system is its reliance on the adversarial ap-proach to justice. The problem is that the pub-lic these days favour approaches that take the parties from a prob-lem mode to a solution mode – quickly!

iNTeRveNTioN: ��

The judicial system renders a judgment at

the end of the proceedings, only after the parties have subjected each other to long and drawn out processes. Parties, however, wish to have a degree of reality and objectivity injected at an early stage to prevent the process from becoming long and drawn out.ALTeRNATiveS:�� One of the new dispute resolution systems is ODR – Online Dispute Resolution. Van-couver will host an international conference on ODR in November

rHold you in his arms yeah, you can feel his diseaseCome together, Right now, Over me...r

– Lyrics and Music by Lennon and McCartney

T here was a conference held at Duke University School of Law on May 10-11. Judges, lawyers and others gathered to see if they could “fix” the U.S. federal civil justice sys-tem (http://bit.ly/cEG9S0).

Seems that they see a bit of problem:“To prepare for the meeting, the Institute for

the Advancement of the American Legal Sys-tem canvassed chief legal officers and general counsel who are members of the Association of Corporate Counsel from around the country. Fifty-five percent agreed the civil justice system is

David J. Bilinsky is the Practice Management Advisor for the LSBC. Email: [email protected] Blog: www.thoughtfullaw.com

The views expressed herein are strictly those of the author and may not be shared by the Law Society of B.C.

Continued on page 9 >>>


dave’s techtips

Privacy Tips

Photocopiers and Privacy Most photocopiers sold in the last few years have a built-in hard drive. That hard drive is used to store copies of the im-ages. Problem is, when you trade in that copier for a new one, that hard drive still has all those images stored on it and they are not encrypted or erased when the lease is up. CBS in the uSA purchased sev-eral used copiers and was able to retrieve “tens of thousands” of documents from those copi-ers (http://bit.ly/a2ZiKA).

The most secure way of protecting your privacy is to smash that hard drive to pieces. If this is not possible, then call in an expert to erase (not just delete!) those files. You will want his or her written assur-ance that all the data has been made “non-recoverable.”

Data stored on Servers in the USA or other locations outside CanadaThe Office of the Privacy Com-missioner of Canada has some interesting findings on their web page that may be of interest to lawyers in Canada (www.priv.gc.ca), particularly with respect

to private information when ser-vices are outsourced beyond the Canadian borders.

For example, in the Personal Information Protection and Elec-tronic Documents act (PIPeDA)Case Summary #2008-394, Canada.com outsourced email services to a u.S.-based firm.

“Two complainants expressed doubt that subscribers’ personal information was adequately pro-tected after Canada.com email operations were outsourced to a u.S.-based firm. Moreover, the complainants did not believe that existing subscribers had had an opportunity to consent to the transfer of their informa-tion to the u.S. or that new sub-scribers were properly informed that their information would be used and stored in the u.S.”

The Privacy Commission held that the measures by which per-sonal information is protected must be formalized with the or-ganization by using contractual or other means. (Of course the problem with this is that most companies have standard terms of use and it is very difficult to have those modified or changed to suit individual circumstances.)

The Privacy Commission also held that Canadian organiza-tions must be transparent about their personal information hand-ling practices. In other words, there should be notification to the clients that information may

be available to the gov-ernment of that country or its agencies under lawful order made in that country.

Furthermore, client consent should be sought since the sharing of information with a third-party service provider constitutes a “use” for the purposes of the Act.

Now in B.C. we have PIPA – the Personal Information Protection act rather than PIPeDA. My col-league Barb Buchanan interviewed David Loukidelis, B.C.’s former Information and Privacy Com-missioner (http://bit.ly/9rxGSQ) and this is what he said:

“BB: Any comments on man-aging outsourcing risks?

DL: If a law firm wants to out-source services involving personal information, whether personal information of clients or employ-ees, it is free to do so. The firm remains responsible, however, for the appropriate use, disclosure and protection of that personal in-formation. So law firms should use diligence in selecting service pro-viders and contractually obligate them to use personal information only for providing the services and to take reasonable security measures. In major cases of out-sourcing, law firms might con-sider following up with the service provider to ensure that these contractual obligations are being respected, including the under-taking of inspections or audits in particularly important cases.”

that will involve the UN, govern-ments, industry and representa-tives from many nations, all cen-tred around the use of ODR in

consumer disputes (full disclosure: the writer is on the organizing committee). Come together – law-yers and judges – perhaps ODR

can be grafted into the system to solve client disputes in different ways that may be faster, less stress-ful for the client and cheaper.

Continued from page 8


sectionsReal Property Vancouver

uOn April 26th, Michael Welters, a partner in the

tax group at Bull, Housser & Tupper LLP, gave a presentation on the impact of the harmonized sales tax on various types of real estate matters. Although the HST will run under the same set of rules as the GST, the tax rate is different. The New Housing Rebate under the HST also works differently than the current GST regime. Michael navigated the Section through the transitional rules for the HST as they apply to real property, noting that the federal regulations to implement the transitional rules had not yet been released and that only government bulletins, which are not law, provided guidance. Michael also discussed some relevant changes that could affect the law practices of Section members, including the proposed changes to the place of supply rules that could affect the HST rate (e.g., the 12 per cent B.C. rate versus the 13 per cent Ontario rate) that a practitioner must charge a client.

Aboriginal Law Vancouver

u\Guest speaker Thea Schmidt presented Tricks and Tips on

Researching Aboriginal Law, using the Indian Act as an example. This included tracing the history of a section of the Act; how to locate proposed changes to the Act, such as Bill C-3, the Gender Equal-ity Equity in Indian Registration Act; and find related material such as cases, texts, articles and other commentary. The Section

Wills and Trusts victoria

Meeting: March 16, 2010Speaker: John W. gailusTopic: Unique Aspects in the Management of Aboriginal estates

Aboriginal Law vancouver

Meeting: April 21, 2010Speaker: Thea Schmidt Photo (L-R): Ming Song, Lisa Fong, Michael Ng, Mona Donovan, Allan Donovan and Scott Miller Topic: Tricks and Tips on Researching Aboriginal Law

Aboriginal Law vancouver island

Meeting: March 23, 2010Speaker: Chris Devlin (pictured left with Kathryn Deo, Section Chair)Topic: Status and Membership and the implications of McIvor v. Canada (Registrar of Indian and Northern Affairs), 2009 BCCA 153

Real Property vancouver

Meeting: April 26, 2010 Speaker: Michael WeltersTopic: HST in Real estate Transactions and Matters

SeCTION uPDATe

Keep Current A review of provincial Section meetings.



also discussed some of the Court-house Library’s favourite online and specific looseleafs, textbooks, treaty and commission materi-als, CLEs, electronic resources like LawSource (Westlaw), CLE Online, Hein Online and CanLii for specific subjects such as treaty rights, harvesting rights, business development and governance.

Of interest was the Consolida-tion of Indian Legislation found at KM208.I5A111C65, which is a three volume consolidation of Constitutional documents from the United Kingdom from 1761-1930, pre and post confederation statutes from 1845-1975 and pre- and post-confederation provincial and territorial legislation. Aboriginal Law Vancouver Island

uChris Devlin is a partner with Devlin Gailus in Victoria,

which focuses on Aboriginal and Treaty Law on behalf of First Nations and Tribal Councel. He is the past Chair of the CBABC Ab-original Law – Vancouver Island and the past Chair and the current Law Reform Liaison of the CBA’s National Aboriginal Law Section (2005-2007). He presented Bill C-3, an Act to promote gender equality in Indian registration by responding to the Court of Ap-peal for British Columbia decision in McIvor v. Canada (Registrar of Northern and Indian Affairs). Bill C-3 represents the first time in 25 years that Parliament has con-sidered the registration provisions of the Indian Act. After holding several engagement sessions with national and regional Aborig-inal organizations, Parliament announced its proposed amend-ments contained in Bill C-3, the

Gender Equality Equity in Indian Registration Act.

To read more about Bill C-3 go to page 18. Wills and Trusts Victoria

uLegislative Liaison Tino Di Bella presented the new

Wills Estates and Succession Act (“WESA”). Vancouver colleagues believe there are some areas of concern with drafting in the new Wills Trusts and Estate Act. A study group has been created in Vancouver to address drafting issues and Mr. Di Bella invites any Victoria colleagues to direct comments to him on this front. The Attorney General may intro-duce amendments to the Act in the spring and the Act will likely not come into force until late 2010, or early 2011.

Guest speaker John Gailus spoke about New Issues in Ab-original Estate Law, maintaining that the law respecting Aboriginal estates is quite convoluted and nuanced. A practitioner with a typical practice involving non-Indian clients should be aware of a number of potential pitfalls when dealing with Indian estates and wills matters. There are significant differences between provincial laws dealing with wills and estates and the legislation governing Indians ordinarily resident on the reserve.

For enrolled CBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in Sections under Professional Development.

2010 National Aboriginal Law ConferenceJUNe 11-12, 2010 SHeRAToN CeNTRe ToRoNTo HoTeL

Mark Your Calendar and Register Now!

The National Aboriginal Law Section of the Canadian Bar Association will be hosting the Annual National Aboriginal Law Conference on June 11-12, 2010 at the Sheraton Centre Toronto Hotel. Register now and make plans to join us in Toronto for this not-to-be-missed program! Topics to include:

Legislative and Policy ��Developments from Across CanadaCross Canada Case Law ��updateLeading Hot Topics: Consul-��tation and Accommodation Trends in Aboriginal Business: ��Corporate Structures, Governance and Taxation for Aboriginal Business Case Study: Aboriginal ��Partnerships in Hydro Developments

visit the CBA website \\ at: www.cba.org/pd/details. aspx?id=NA_ABo10 for the conference agenda and to register.


STePHANIe ALBISTON

features

Métis Nation British Columbia (MNBC) is a self governing na-tion that represents the Métis people of

British Columbia. Prior to 1982, many different legal terms were used to describe the Métis, First Na-tions and Inuit people. Though the Aboriginal peoples of Canada are now constitutionally entrenched, the distinction between Métis and First Nation, and generally who Métis people are, continues to be a point of confusion and misunder-standing for many non-aboriginal and aboriginal people alike. In fact, until the Powley decision in 2003, the 1982 inclusion of Métis in s. 35 of the Constitution Act, 1982 was not defined. The Powley deci-sion defined not only who the Mé-tis were in s. 35 but affirmed that the specific collective identified has aboriginal rights.

MNBC strives to build a proud, sustainable nation that recognizes the inherent rights of Métis citizens, and generally increases awareness and recognition of Métis people throughout British Columbia and Canada. Métis people are a unique aboriginal people, often considered one of the first Canadian people, with history, language and culture all developed in Canada. The Su-preme Court of Canada affirmed in its decision R v. Powley “that the term Métis in s. 35 does not en-compass all individuals with mixed Indian and European heritage;

rather it refers to distinctive peoples who, in addition to their mixed an-cestry, developed their own customs, way of life and recognizable group identity separate from their Indian or Inuit and European forbearers.” In 2005, Métis Na-tion British Columbia created an objectively verifiable central regis-try, based on the re-quirements identified by the Supreme Court of Canada.

Over the past dec-ade, in addition to the Central Registry, MNBC has developed a rich body of govern-ance, including a Constitution, a Métis Nation Governing Assem-bly Act, a Citizenship Act, Elec-toral Act, Senate Act and Natural Resources Act. Through this gov-ernance process, MNBC mandates to develop and enhance oppor-tunities for Métis communities by implementing culturally relevant social and economic programs and services. Among other recent successes, MNBC held a provin-cial wide ballot-box election in 2008 electing a complete Board of Directors, seven Regional Dir-ectors, a provincial Youth Chair, a provincial Women’s Chair, Vice President and President.

In recent years, Métis Nation British Columbia has had a num-ber of great successes. The Min-istry of Health, for example re-

cently received a five-year con-tinuation for the Chronic Disease Surveillance Program. The Min-istry of Employment and Training is entering into another five-year agreement and expanding on all current programming by including programs for curriculum develop-ment, youth at risk and additional skills programming. The Ministry of Youth continues to administer community oriented youth specific funding, programs and opportun-ities, including recent additions to their entirely youth-created and

run LearnMichif.com website. This year they placed an empha-sis on the elder and youth trans-fer of knowledge. The Ministry of Economic Development recently led MNBC in the purchase of a property containing a school that will facilitate further economic development and sustainability. These MNBC successes and con-tinued perseverance emphasize the direction of the court in Powley, and the reality that Métis people are a distinct people with rights, a rich history and strong future.

Métis Nation British ColumbiaA distinctive people, a growing Nation.

Photo: Métis B.C. Nation President Bruce Dumont, Minister Respon-sible for Registry and Health, MNC Minister Responsible for Language, Culture, Heritage and Sport.


B.C. TReATY COMMISSION

First Nations seeking treaties through the B.C. treaty process are being challenged in court by neighbouring First Na-

tions on the basis of overlapping claims to territory.

Some First Nations believe the way to deal with overlaps is to stop the ratification of a treaty until the issues are resolved by the B.C. government or by a court after a full hearing of the issues. No First Nation has been success-ful in court in stopping a treaty from being ratified, but the legal action is a distraction for the par-ties in treaty negotiations. It is also damaging to relations among First Nation neighbours.

Court rulings suggest First Na-tions should deal with overlapping claims at an early stage of treaty negotiations. First Nations will be better able to protect their inter-ests through an early resolution of overlapping claims than by waiting for Crown consultation that may not occur in any substantive way until agreement is reached on the terms of the treaty. Protocol agree-ments on shared territories have the potential to build partnerships among First Nation neighbours and strengthen their say on what happens on the land. Converse-ly, conflict amongst First Nations weakens their place on the land.

The Crown’s obligation to con-sult is proportionate to the strength of the First Nation’s claim, as well

as the impact of the proposed de-velopment or activity on that claim. The weaker the claim, the less con-sultation required. So, where over-laps exist, the Crown may be ob-liged only to notify the claimant First Nations and seek their views without engaging in the extensive consultation that is necessary where a First Nation has a strong prima facie claim. Liti-gation amongst First Nations over territorial issues has not been an effective means of increasing the Crown’s obliga-tion to consult.

The Crown’s duty to consult First Nations extends to the treaty process. When the Crown agrees to a treaty settlement that pro-vides lands and rights to one First Nation, other First Nations with claims in the same area may be affected. Accordingly, the Crown must consult those other First Na-tions concerning the impact of the treaty on their rights and, where appropriate, accommodate them.

Treaties are about reconciling First Nations, Canada’s and Brit-ish Columbia’s respective interests, jurisdictions and use of resources. First Nations, too, must reconcile their interests, jurisdictions and use of resources amongst themselves.

There is a long history of proto-cols being reached among First Nations on territorial issues

stretching back hundreds of years. The Treaty Commission with its limited resources has been explor-ing old and new approaches to shared territory issues and over-laps, including dispute resolution and early resolution.

Building upon these types of in-itiatives and experience, the long-standing experiences of First Na-tions, and other approaches, and by examining new developments, the Treaty Commission is building a valuable bank of information and resources for First Nations to use in resolving territorial issues.

The Treaty Commission recent-ly hosted a panel of experts for a two-day round table that includ-

ed First Nations leaders and for-mer judges with a special interest and experience in resolving ter-ritorial issues among First Na-tions. The Treaty

Commission is also involved in and supporting a number of discus-sions among First Nations in their efforts to resolve territorial issues.

Treaty Commission policies are being evaluated and the processes used are being reviewed as part of the initiative to find workable solutions for territorial issues. Commissioners are becoming in-volved in a much more significant way in working directly with First Nations to find solutions.

While the Treaty Commission has no coercive powers under the Treaty Commission Act, First Na-tions may be motivated to resolve overlaps by a desire to strengthen their claims. The Treaty Commis-sion is proposing to bring greater resources to bear on the problem this year.

Resolving Territorial issues a PrioritySays Treaty Commission.


THe HONOuRABLe JuDGe MARION BuLLeR BeNNeTT

First Nations Court com-menced in November, 2006, in New Westmin-ster, B.C. It came about as a result of several fac-

tors: case law and amendments to the Criminal Code that require a judge, on sentencing, to apply the principle that “all available sanc-tions other than imprisonment that are reasonable in the cir-cumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders;” the increas-ing number of incarcerated First Nations people notwithstanding this amendment; and, the myriad of reports and studies that have found that the justice system must take new approaches in its treat-ment of First Nations people.

The people who come to the court have identified themselves as belonging to a First Nation. They come to the court by refer-ral from Crown, defence, and the court itself.

First Nations Court is for sen-tencing of criminal matters and mediation of family court matters. The First Nations Court can take guilty pleas to any offence over which a Provincial Court judge has jurisdiction.

After the charge is read and the plea taken, a pre-sentence report, with a Gladue component is or-dered. On the next appearance, Crown counsel describes the of-fence and position on sentence.

Then, everyone in the courtroom has the opportunity to speak. That may include the offender, Legal Services duty counsel, elders, so-cial workers, court workers, pro-bation officers, family members, victims and police officers. The discussion stops only when everyone has said all that they need to say. If there is a family court matter, that matter is included in the discussion.

The goal of the court is to take a First Na-tions perspective, be-ing a holistic and re-storative approach, to sentencing. So, in addition to the person’s education, employment history and past criminal history, the court hears about a person’s extended family, his or her cur-rent needs for housing and health services, the availability of com-munity-based resources and other relevant information. If there is a family court file, youth court file or a related matter, those matters are heard at the same time.

Then, the person is sentenced, but the sentence is referred to as a “healing plan.” The goal is to go to the root cause of the offending behaviour and provide the person with the assistance that she or he needs. Therefore, the healing plan may include referrals to proba-tion officers, native court workers, band-employed counsellors, native

centres and programs offered by Health Canada.

If there is a family court matter, then orders are made by consent, with terms that do not conflict with the healing plan. The healing plan and family court orders are meant to complement each other and draw in all of the available and appropriate resources.

The person will appear on fu-ture dates for a review of the heal-ing plan. Changes can be made to the plan, if required.

The court has established cred-ibility with First Nations in the

Lower Mainland and enjoys their ongoing support. The court has been welcomed to sit in several First Nations territories. Repre-sentatives of First Nations across the province and the country have attended and observed the court in action.

The court has enjoyed great suc-cess due to the support and com-mitment of many individuals: Crown counsel, probation offi-cers, court workers, court staff; and, the North Fraser District judges. New Westminster contacts for the court are Ms. Wendy Van-Tongeren Harvey, Crown counsel and Ms. Lila MacDonald, Judicial Case Manager.

First Nations Court of British ColumbiaWalking the healing path.

The Honourable Judge Marion Buller Bennett, B.C. Provincial Court

features


CHRISTINA COOK

The Aboriginal Lawyers Forum (ALF) was an idea tossed around at a CBABC Equity & Diversity (E&D) Com-

mittee meeting. The E&D had invited Christina Cook, an Ab-original articling student, and two Aboriginal lawyers to attend their meeting and discuss the issues that Aboriginal lawyers and articling students face. Having just attended a CBABC Women Lawyers Forum (WLF) luncheon the week before, Christina put out the idea of having a social networking and mentoring group, like the WLF, for Aborig-inal students and lawyers. The idea was well received and so Chris-tina, along with Isabel Jackson and Rosalind Campbell, took it upon themselves to start the ALF.

It is not known exactly how many Aboriginal lawyers there are in B.C. Historically, neither the Law Soci-ety, nor the CBA has tracked this information. Nonetheless, the ALF knows there is an issue as to the re-tention of Aboriginal lawyers in the profession. Aboriginal law gradu-ates have struggled to find their place in the field of law. At the same time, there are many successful Ab-original lawyers across B.C., with much to offer by way of mentorship to Aboriginal law students and jun-ior lawyers. The ALF will serve to bring the experienced together with the novice. Ultimately, what Chris-tina, Isabel and Rosalind are hoping to accomplish with the ALF is to provide a place for Aboriginal law-yers and students to come together, to support and mentor one another.

The four objectives of the ALF will be to provide a forum for net-working, professional develop-ment, leadership and a celebration of Aboriginal culture. Like the CBABC’s Women Lawyers Forum, the ALF will be a group that con-nects its members on a social level, while raising the profile of Aborig-inal lawyers in B.C.

To accomplish our objectives we plan to hold various different types of events throughout the year. Our event ideas include, golf tourna-ments, fashion shows, mixers, com-edy nights and any old occasion to

bring us together. With Aboriginal lawyers and students through-out the province, ALF is working to start a monthly newsletter, so that members practis-ing in remote areas can feel connected. Our overall goal is to facili-tate meaningful social interaction between

our members so that we can share common experiences, support and mentor one another in order to build a strong network of Aborig-inal lawyers and students.

At present time, the ALF is not formally affiliated with the CBA. However, the ALF Executive, with the support of the CBABC Equal-ity and Diversity Committee, is working on a CBA Section Ap-plication and hopes to become an official CBABC forum by the end of 2010.

Join the Proposed Aboriginal Lawyers ForumNetworking, socializing, mentoring!

If you would like to support the for-mation of the Aboriginal Lawyers Forum, or would like more informa-tion on how to join, or if you have any questions, comments or sug-gestions, please contact Christina Cook at [email protected].


Smart Phone etiquetteHow to be smart with your smart phone.

Your email signature takes the ��

place of the company return address in a letter. Include your name; title; company name; company telephone number; your direct line and/or mo-bile number; and fax number. Have your signature attached to a reply as well as the original email. This will keep your con-tact information at the receiver’s fingertips.2:00 a.m.? 2:00 p.m.? EST? ��

PST? Times and zones can cause confusion. Be clear about dates and times when referring

to them. Don’t have the ��

answer? Don’t post- pone; respond in-stead… Let them know when they can expect your response.

Just because they are portable doesn’t mean you should use them at anytime. Talk-ing, checking and re-

sponding to email, text messaging, or planning your day on a portable device any time you may be dis-turbing others is just plain rude!

As technology evolves, so must our manners. A little techno-cour-tesy and a little common sense can make the technology experiences more pleasant for you, the receiver and the people around you.

Smart phones are every-where, and used all the time. Over the past few years, smart phone use and misuse has in-

creased to dangerous levels; they now cause everything from general disturbances to road-rage. When using mobile phones, be courteous and consider the following:

For many, the telephone is still the primary source of communicating with others for business, even if it is portable. With no visual cues to look for, your words and the tone of your voice are extremely important.

Use the same courtesy and en-��

thusiasm you would on a busi-ness landline; when answering the phone, smile! The caller can hear it in your voice. Greet the caller professionally with your name. Speak slowly and clearly, so your caller can understand you easily. Keep the tone of your voice at a ��

moderate level. Mobile phones generally have great reception, so there is no need to yell into the phone. Keep your distance. Don’t disturb ��

people around you while talking. Chat on mobile phones when you are alone, not in public. Personal matters are personal. ��

The public doesn’t need to hear your discussions with a client or a loved one.Speakerphones are only to be ��

used when more than one per-son needs to be in on the con-versation. Always make sure the

Kimberly Law, AiCi CiP founder of Personal impact, is a certified image and etiquette consultant offering one-on-one and group training. Since 1999, she has shown business professionals how to look and act their very best, enhancing their professional image and increasing their bottom line. www.personalimpact.ca

KIMBeRLY LAW

person on the other end of the phone knows that they are on speakerphone. Quirky ring tones can be very an-��

noying. In a business setting, busi-ness means business. Set phones on silence, vibrate, or use a trad-itional ringtone. For centuries, hand-

written letters deliv-ered by messenger or post were the only form of written corres-pondence. Over time, typewriters became the norm, but the delivery system remained the same. Now, with the explosion of texting and email, correspondence is sent at lightning speed. Even though electronic correspondence can be a real time-saver, it is still a form of written correspondence. Busi-ness correspondence should be written with the same formality as a business letter. This makes email a better option than texting.

The subject in the “subject” box ��

reflects the content of the email. Keep it short, concise and clear. When corresponding over sev-eral emails, change the subject as the subject changes. Use Salutations, just like a let-��

ter… ‘Hey, bro,’ just doesn’t cut it.It’s easy to whip off a quick email, ��

but remember to pay attention to spelling and grammar so that you are clearly understood.

guests


i graduated in law from the University of Saskatchewan in 1948 and intended to check out the boom town of Port Alberni. I arrived by

ferry in downtown Nanaimo and while waiting for the Alberni bus, I dropped in on a street level law office and invited lawyer Vic Har-rison out for tea (it was tea in those days, not coffee). He said, “Why look for articles in Alberni, you

can article to me.” “But I want a partnership at the end of articles.” “You can have that,” he said.

I went on anyways to Alberni but found the boom was over and there were no article positions. So back I went to Nanaimo and signed articles at $100 a month. I took a $20 a month job as a night shift fireman and took up the Gallop Poll on tea breaks for another $18 a month.

I soon found that my benefactor had been the Mayor for over a dozen years and work had piled up. Mr. Har-rison almost never came to the of-fice. He delegated his only inside office to me and stayed away. I had to go to police court every day so I hired two more article students, Hugh Heath and Doug Greer. They had working wives so articles paid only $15 a month! We had only the one inside office so we inter-viewed clients in the empty billiard room at the back of the building.

yoU DoN’T geT PAiD UNLeSS yoU FiND THe ACCUSeD gUiLTyPolice court had an inbuilt barrier to justice, the stipendiary magis-trate. He only got paid if he found the accused guilty and fined him x dollars plus costs (the stipend). Most of the magistrates were re-tired B.C. police officers or retired

archdeacons, none on the Island were lawyers. I used to fill the car with retired seniors when I went out of town. During the trip, we would discuss the defense theories. The magistrate would see his audi-ence nod in agreement with every-thing I said, and would think... “if these old guys think the chap is not guilty, what can I say but acquit.”

Two very senior criminal law-yers of the day told me their prac-tise was to tell the stipendiary magistrate that while their view was that their man was not guilty, nevertheless, he should pay the

costs of the court hearing (which was then pre-paid). What I did was to join all sorts of societies and as-sociations and have myself ap-pointed Resolutions Chair. Then I flooded the premier with resolutions calling for salaried magis-trates. The premier obliged.

In 1948, the courts were quite casual about students doing trials. I appeared a few times in county court as well as being a regular in police court.

RON MACISAAC

The early Days Circa 1948 ForwardLaw Practice in Nanaimo, B.C.


If you would like to read more about Ron`s early days go to www.cba.org/bc/bartalk_06_10/ 06_10/guest_macisaac.aspx.

Continued in BarTalk Online...

iN THe BegiNNiNg

Profiling B.C. lawyers whose work or life experiences are inspirational, instructive or plain interesting has been a recurring theme in BarTalk. Remember our Olympian ser-ies in the lead-up to the Van-couver Olympic Games? Our latest contributor meets all three attributes, with a legal career spanning more than 70 years (and counting), Ron MacIsaac is the Nestor of our profession. In this article and several future instalments in BarTalk Online, Ron shares with us his recollections of “the early days.”

If you would like to suggest a colleague to be featured in

BarTalk, please contact Deb at [email protected].


news&events

� The CBA’s National Aboriginal Law Section says that while Bill C-3, Gender Equity in Indian Registration Act may be well in-tentioned, it falls short of the mark in addressing sex discrimination.

“The Bill represents the first time in 25 years that Parliament has considered the registration provisions of the Indian Act. Will Bill C-3 actually promote gender equality in Indian registration? Our answer is sort of, but not quite,” says Chris Devlin of Victoria, Exec-utive member of the CBA’s Nation-al Aboriginal Law Section.

“The CBA recommends that Bill C-3 be amended so that a grand-child born before 1983 with a female grandparent would receive the same entitlement to Indian status as a grandchild of a male grandparent born in the same per-iod,” explains Chris Devlin.

The legislation was introduced in response to a lawsuit by Shar-on McIvor, challenging the 1985 amendments to the Indian Act on the basis of sex discrimination at the Supreme Court of B.C. The trial judge ruled in her favour. The Government of Canada ap-pealed the trial decision and the B.C. Court of Appeal allowed the appeal in part.

The McIvor case addresses longstanding sex discrimination in the criteria for determining regis-tration status under the Indian Act. Until 1985, status under the Indian Act followed the paternal line, transmitted by male Indians as fathers and husbands, but not by female Indians as mothers and wives. The 1985 amendments, de-signed to address this discrimina-tion, did not operate retroactively, thus perpetuating aspects of the historical discrimination.

According to the CBA’s nine-page submission, Bill C-3 does not completely eliminate discrimina-tion from the registration provi-sions of the Act. “The proposals do not address discriminatory aspects of the ‘second generation cut-off rule’ enacted in 1985.” The second-generation cut-off rule occurs as a result of two succes-sive generations of parenting with non-Indians of either sex.

“Perhaps more importantly,” continues the brief, “Bill C-3 would not sufficiently address the source of discrimination identi-fied by the B.C. Court of Ap-peal.” As well, Bill C-3 would

NATIONAL NeWS

CBA Says Bill C-3 Falls Short in Addressing Sex Discrimination

Chris Devlin, Executive member of the CBA’s National Aboriginal Law Section

only eliminate discrimination for some individuals; others would continue to suffer discrimination by receiving lesser or no status because they had, for example, an Indian grandmother instead of an Indian grandfather.

To address the underlying prob-lem, the CBA recommends that Parliament take the opportunity to fully eradicate gender inequality in the registration provision of the In-dian Act, rather than simply follow the letter of the law outlined in the B.C. Court of Appeal decision.

Chris Devlin presented the CBA submission to the Commons Standing Committee on Aborigin-al Affairs and Northern Develop-ment on April 15, 2010.�

CBA submission: \\ http://www.cba.org/CBA/sub missions/pdf/10-21-eng.pdf


Directory 2011 is Coming!Watch for your Directory Listing Proof in the mail or request one at [email protected]. To advertise, book your preferred area of practice listing or to pre-purchase a 2011 directory download the order form at www.bccbadirectory.org


� One of the success stories of the CBABC Women Lawyers Forum (WLF), is its very suc-cessful mentoring program that over the past seven years has matched more than 600 lawyers in mentoring relationships. This CBABC program is the largest mentoring program in Canada for women lawyers and is one of the most important ways to support women in the law. The program matches women from all over the province and is particularly helpful for women in communities where there are few mentors available. In Janu-ary 2010, the Law Society made mentoring eligible for CPD credits to recognize its import-ance in developing lawyer skills.

The WLF’s mentoring pro-gram runs from January 1 to December 31st each year with calls for applications going out each October to members

of the WLF. You must be

a member of the WLF to be eligible for the program. The WLF’s Mentoring Commit-tee received an overwhelming number of applications from prospective “mentees” for the 2010 year, and senior women lawyers from around B.C. stepped up to the call for men-tors. As a result, the Mentoring Committee matched a record 86 mentor-mentee pairs (“Pairs”) in January.

The Mentoring Committee helps to ensure the effectiveness

of mentor-mentee relationships by hosting an orientation lunch where Pairs meet for the first time, review and sign the men-toring contract and learn how to qualify and apply for CPD

credits with the Law Society. The Mentoring Committee also hosts a workshop aimed at provid-ing practical skills for Pairs in the area of communication and mentoring. The Mentoring Com-mittee follows up with each Pair during the year to ensure that both the mentees and mentors are getting the most out of the program. Finally, the WLF pro-motes and recognizes excellence in mentoring through the Debra Van Ginkel, QC Mentoring Award that was awarded for the

first time in Nov-ember 2009.

Key to the suc-cess of the WLF’s mentoring pro-gram is the sig-nificant volunteer time and com-mitment of the WLF’s Mentoring Committee. If you would like to get involved with a dynamic group of

women lawyers, please contact the Co-Chairs Deborah Tay-lor ([email protected]) or Julie Fisher ([email protected]).

Photo: Linda Robertson, Chair WLF

LAW WeeK 2010 – FuN RuN

SeCTION NeWS

Report on the CBABC WLF’s Mentoring Program

Go to �� www.bclawweek.org to view more photos of all Law Week 2010 events.



New Master’s Program in Law, Justice and Ethics

NATIONAL NeWS

The Work Life Balance Awards will be presented at the Annual Work Life Balance Awards Luncheon on June 24, 2010 at the vancouver Club, 915 West Hastings Street, Vancouver, B.C., V6C 1C6. The Work Life Balance Section in consultation with the CBABC Awards and Recognition Committee, will select the recipients. You are encouraged to attend the luncheon to learn about the latest in Work Life Balance and to honour the winners.

Please see this link for award luncheon registration forms: \\ www.cba.org/BC/pdf/events/wlb_event_06_24_10.pdf.

uPCOMING eVeNT

2010 CBABC Work Life Balance Awards Luncheon

news&events

� Robert Brun, QC of Vancou-ver is the CBA’s new Second Vice-President-elect follow-ing the vote by Council. He will

become Second Vice-President at the CBA’s Canadian Legal Con-ference in Niagara in August, the first step on the way to the presidency in 2012.

With more than 30 years of CBA experience, nationally and provincially, Robert currently serves on the CBA’s National Task Force on Conflicts of In-terest and has been CBABC’s appointee to the Justice Review Task Force since 2006. He was president of CBABC in 2003-2004 and served on the CBA’s Board of Directors the same year.

Robert Brun, QC Elected CBA National Second Vice-President

He is currently a Bencher of the Law Society of British Columbia and Vice-Chair of its Practice Standards Committee. Robert has been a member of the Trial Lawyers Association of B.C. since 1991.

During his election campaign, Robert focused on leadership, membership and advocacy. He favours a consultative approach to the presidency and is dedi-cated to increasing membership. “I will work nationally and with the Branches to improve our legal system by promoting the rule of law,” said Robert Brun. “I will ensure the views of the CBA are known in the corridors of Parliament.”

Robert has been a partner at Harris & Brun since 1985. Called to the Bar in 1978, he has a spe-cial interest in personal injury and workers’ compensation law. He is also experienced in the fields of insurance and administrative law.

NeW PROGRAM

� The new M.Ed. degree pro-gram at SFU is projected to start in the fall 2011 and will finish during the summer 2013.

This new Master’s program will introduce teachers, school administrators, school district staff, leaders in post second-ary education, personnel in non-governmental educational agencies such as the police and human rights organizations, etc. to the Canadian legal system, and in particular to education law, relevant case law, provin-cial and federal statutes, conflict resolution strategies, law-related education for youth, inclusion and diversity challenges and solu-tions, ethical dilemmas, ethics of care, critical pedagogy, and other current issues such as cyber-bullying and violence in schools. The focus will be both theoretical and practical.

2009 CBABC WLB Award Luncheon – L-R: Helena Clift, CBABC Work Life Balance Section; Wally Oppal, QC, former Attorney General; Susan Con-naghan, Pushor Mitchell LLP (2009 award winner); Antonio Zivanovic, Corporate Occupational Solu-

tions (sponsor) and Catherine Sas, QC, Chair, CBABC Work Life Balance Section.


BRANCH & BAR

CalendarCurrent from March 2 to April 26, 2010 legislative Update is provided as part of the CBaBC legislative and law reform program. It is a service funded by CBa mem-bership fees, and is, therefore, provided as a benefit of CBa membership. The full version of legislative Update is now only published online and available to CBa members exclusively at www.cba.org/bc.

HOUSING AND SOCIAL ��DEVELOPMENT STATUTES AMENDMENT ACT, 2009, S.B.C. 2009, C. 33 (BILL 14)

Sections 1 and 2 are in force June 1, 2010

LABOUR AND CITIZENS’ SER-��VICES STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 12 (BILL 13)

Section 29(c) is in force March 4, 2010

MISCELLANEOUS STATUTES ��AMENDMENT ACT (NO. 2), 2009, S.B.C. 2009, C. 34 (BILL 20)

Section 2 is in force March 4, 2010

PROTECTED AREAS OF BRIT-��ISH COLUMBIA AMENDMENT ACT, 2009, S.B.C. 2009, C. 19 (BILL 10)

Sections 2(c) and 3(b) are in force april 21, 2010

SECURITIES AMENDMENT ACT, ��2006, S.B.C. 2006, C. 32 (BILL 20)

Sections 2, 25, 26, and 47(d) and section 66(a) to the extent that it adds a reference to section 87(2) to section 184(2)(b.1) of the Securities Act are in force april 30, 2010

LeGISLATIVe uPDATe

ACTS IN FoRCE

JUNE 4, 10 The Supreme Court of British Columbia Welcoming Ceremonies

9, 23, 30 laP: Enhancing Self Esteem

10 CBaBC PD Seminar: New Family rules

11 Vancouver Battle of the Bar Bands

16 lSBC Event: Inspiring Stories Connecting Future leaders

17 CBaBC/VBa 14th annual Golf Tournament

19 Provincial Council

23 CBaBC PD Seminar: Exercising Judgment in Criminal law

24 CBaBC Work life Balance awards luncheon

JULY8 The 2010 New Westminster Bar association and Fraser Valley Bar association Golf Tournament

� The CBABC Legislation and Law Reform Committee (LLRC) is a standing committee composed of appointed CBABC members who practice a wide range of law. The LLRC works to analyze new and existing B.C. legislation, make recommendations to the provincial gov-ernment on law reform matters and alert the profession about import-ant B.C. legislation. If you have any questions on law reform matters, want to be an LLRC member or have a law reform project in mind, contact the LLRC at [email protected].

COMMITTee NeWS

LLRC: CBABC Voice for Law Reform

The new Supreme Court Civil and Family rules come into force on July 1, 2010. The CBA has set up subcommittees to monitor implementation, collect concerns about the functioning of the new rules, and distribute information to members about how the rules are being interpreted.

Please visit “initiatives” at www.cba.org/bc to report any \\concerns or pass on any reasons for judgment or other information about interpretation of the new rules.

COMMITTee NeWS

Court Rules Implementation Monitoring Initiative


The Aboriginal Law Student Scholarship Trust (ALSST) is a joint initiative between the Canadian Bar Association (B.C. Branch) and the National Ab-original Achievement Founda-tion (NAAF) to raise $500,000 toward an endowment for Aboriginal students attending the university of British Colum-bia or university of Victoria Law Schools. To date, $182,923 has been raised and is administered by NAAF.

The inaugural ALSST Com-mittee was Co-Chaired by Maria Morellato, QC and Beverly O’Neil, with the assistance of CBABC executive Liaison, Arlene Henry, QC. Fundraising efforts started in 2008 with a spring launch. Initial fundraising was promising, augmented by a $75,000 match-ing grant from The Law Founda-tion of British Columbia.

In addition to the Committee’s efforts, Isabel Jackson (coun-sel, Department of Justice) and Jennifer Duncan (associate, McDonald & Company) have spearheaded an online silent auction that runs the week of June 21, National Aboriginal

Day. In 2009, the auction

COMMITTee NeWS

The Race Is on: Save the Date!

raised $5000. Details for this year’s Auction and event will be posted on the Auction website http://nadauction.com/.

This year, the ALSST gener-ated enough interest to provide two first year law students at the university of Victoria schol-arships of $2,375 each.

The current ALSST Commit-tee is Co-Chaired by Tina Dion and Michael McDonald, who are leading a group of dedicated in-dividuals, including Maria Morel-lato, QC, Janelle Dwyer, Deborah Jeffrey, George Hungerford, CFA, Darwin Hanna, Douglas White and Lindsay LeBlanc. Jen-nifer Spencer (Miller Thomson LLP) is the CBABC executive Liaison for this Committee. The Committee will hold a fundrais-ing gala on Thursday, Septem-ber 30, 2010 at the Sheraton Wall Centre Hotel in vancou-ver. The CBABC and the Law Society will join us in circulating more details to the profession over the summer. The Gala will feature live and silent auctions as well as entertainment.

Mark your calendars, every-one! Join us in raising scholar-ship funds on September 30th!

news&eventsLAW WeeK 2010 VANCOuVeR

CITIZENSHIP CEREMONY

R v. HADES MOCK TRIAL

DIAL-A-LAWYER

PuBLIC FORuM

OPEN HOuSE



The Board of Governors of the Law Foundation of B.C. met on March 27, 2010 and approved funding for a number of continuing pro-grams and projects. Chair Mary Mouat is pleased to announce that funding total-ling $417,456 was approved for the following 14 projects:

Funding totalling $147,456 was approved for the fol-lowing 11 small projects:15,000 BC CiviL LiBeRTieS ASSoCiATioNArrest Handbook

15,000 CoWiCHAN WoMeN AgAiNST vioLeNCe SoCieTyDesignated Domestic Violence Court education Project

15,000 DoxA DoCUMeNTARy FiLM FeSTivALLegal Rights Film Forum

15,000 LegAL SeRviCeS SoCieTyAssociation of Legal Aid Plans Conference

15,000 PeoPLe’S LAW SCHooL SoCieTyConsumer Law Cartoons and Web Pages

15,000 SALvATioN ARMy BeLKiN HoUSeRefugee and Personal Information Form Development Program

15,000 SiMioN FRASeR UNiveRSiTy, SCHooL oF CRiMiNoLogyLaw School Development Project

15,000 vANCoUveR AReA HUMAN RigHTS CoALiTioN SoCieTyBullyFreeBC – Phase III Report

10,560 SeNioRS’ oUTReACH SeRviCeS SoCieTySeniors’ Outreach Housing

9,396 WeST CoAST PRiSoN JUSTiCe SoCieTyPrisoner Legal education Project

7,500 CANADiAN iNSTiTUTe FoR THe ADMiNiSTRATioN oF JUSTiCeSentencing and Corrections Conference Funding totalling $240,000 was approved for the fol-lowing two Public Interest articling Scholarships:120,000 BC LAW iNSTiTUTePublic Interest Articling Fellowships

120,000 CoMMUNiTy LegAL ASSiSTANCe SoCieTyPublic Interest Articling Fellowships Funding totalling $30,000 was approved for the following project:PRoviNCiAL CoURT oF BRiTiSH CoLUMBiAJudicial Interns Circuit Court Program

For full details of the \\programs and projects that received funding, please visit www.lawfoundationbc.org.

Continuing Programs and Projects

First West Credit Union

Law Foundation Chair, Mary Mouat, commends First West Credit union for its commitment to pay one of the most competitive rates of return on lawyers’ pooled trust accounts. This ensures First West Credit union a top spot on the Law Foundation’s pre-ferred list of financial institutions for lawyers pooled trust accounts.

First West Credit union is a new credit union formed by the merger of envision Credit union and Valley First Credit union, both having agreed to competi-tive interest rate agreements in the past. Now with the merger, and during these unprecedented times with interest rates at a record low, First West Credit union voluntarily stepped forward with a new agreement that set it above other finan-cial institutions in the rate of return paid to the Foundation. Thanks go to former Chief executive Officer Gord Huston, and current Chief executive Officer Launi Skinner, for the leadership shown in making this new agreement possible.

Increased revenues enable the Law Foundation to fund programs that make the justice system accessible to the people of British Columbia. The funded programs include professional legal education, public legal educa-tion, law reform, legal research, legal aid and law libraries.

The Canadian Bar Association (B.C. Branch), the Law Society and the Law Foundation encourage lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts.

LAW FOuNDATION OF BRITISH COLuMBIA

grantsapproved


WeBSITe: CBA.ORG/PD\\ eMAIL: [email protected]

professionaldevelopment

The B.C. Branch of the Canadian Bar Association is recognized by the Law Society of B.C. as a premier provider of professional development activities. CBABC is committed to providing relevant and cost-effective ways to obtain your mandatory professional development hours.

CBABC provides conferences, workshops and webinars designed to meet the needs of lawyers while still maintaining the opportunity to network, advance your career, your practice and your business.

Conferences

CBABC ANNUAL BRANCH CoNFeReNCeDate: November 19-21, 2010 Speakers: Variety of B.C. and u.S. speakers Location: Scottsdale, Arizona Details: Complete all 12 of your 2010 CPD credits, including the two-hour required professional responsibility and ethics, client care and relations and practice management component. Conference brochure is included as an insert in this publication.

CBA CANADiAN LegAL CoNFeReNCe: NiAgARA 2010Date: August 15-17, 2010 Location: Niagara, Ontario Details: CLC events will ensure you take in the full beauty and excitement of one of Canada’s

premiere wine regions. The main conference sessions are taking place at the Sheraton on the Falls with receptions and events throughout the vineyards of Niagara. Opening Night Festivities at Table Rock Centre are at the brink of the thundering falls while the closing evening will let you explore wine country.

visit www.cba.org/cba/ \\ niagara2010/main/ for further details.

Seminars JoiNT FRASeR vALLey BAR ASSoCiATioN, SURRey BAR ASSoCiATioN AND CBABC PD SeMiNAR: NeW FAMiLy RULeSDate: June 10, 2010 Speaker: John-Paul Boyd Location: Guildford Golf and Country Club, Surrey JoiNT CRiMiNAL JUSTiCe – vANCoUveR SeCTioN AND CBABC PD SeMiNAR: exeRCiSiNg JUDgMeNT iN CRiMiNAL LAW: NoT JUST THe JoB oF THe JUDgeDate: June 23, 2010 Speaker: The Honourable Mr. Justice Thomas Albert CromwellLocation: Law Courts Inn, Vancouver

eMAIL: [email protected]

memberservicesMember Services online highlights regular discounts available to members from a range of national and regional preferred suppliers. Seasonal promotions and special offers to members are promoted weekly via CBABC News & Jobs. Visit the CBABC website for links to various activities and promotions on the Member Savings page.

Buying a home or renewing your mortgage? Select \\ Banking and find out how you can get a $100 gift card upon completion of your mortgage with The Mortgage Group.

Looking for a way to enjoy the outdoors and experience the Vancouver Whitecaps on game days. \\ Select Sports to find out the savings for Vancouver Whitecaps Games.

Discover what is available and save!

Don’t forget to visit our new one-stop PD resource site www.cba.org/pd/ to create \\ a personalised account based on your PD needs!

VALLEY OF THE SUN ScottsdaleArizona


eMAIL: [email protected]

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CBABC Members/Firms $1,250

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SHAPRAY CRAMER LLP Barristers & Solicitors

Seeking a litigation lawyer with two to six years of relevant experience, commitment to excellence, strong credentials and the ability to work in a strong team.

Shapray Cramer LLP, one of the first successful litigation boutiques in Vancouver, is focused on resolving complex corporate and other business litigation and arbitrations, as well as mining, environmental intellectual property and matrimonial property disputes. The firm has represented some of the most successful enterprises in Western Canada, whether arising in B.C., other provinces or abroad.

Applicants should forward a resumé and law school transcripts, in confidence, to:

Stephen M. Fitterman • [email protected] • T 604-681-0900 • F 604-681-0920

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390 Howard Ave.Burnaby, B.C.V5B 3P8Canada

As part of our head office team in Toronto, you will be responsible for our Enforcement Division, the effective screening and investigation of complaints against our members and their employees, and the prosecution of any disciplinary actions resulting from such investigations. You will also be responsible for the overall effectiveness of the enforcement program on a periodic basis and make recommendations to enhance its effectiveness as well as ensure the Enforcement Division staff is properly trained. In addition, you will be responsible for building and maintaining an effective and collegial working relationship with CSA members. You have a law degree (business degree and/or background would be an asset), related professional legal experience in prosecutions or investigations, and knowledge of relevant securities acts, regulations, rulings, and policies. Your experience as a senior compliance officer or a senior supervisor in the investment industry is an asset and complemented by strong working knowledge of administrative law principles and procedures and a minimum of five years of senior management experience.

The Investment Industry Regulatory Organization of Canada (IIROC) is the national self-regulatory organization which oversees all investment dealers and trading activity on debt and equity marketplaces in Canada. Created in 2008 through the consolidation of the Investment Dealers Association of Canada and Market Regulation Services Inc., IIROC sets high quality regulatory and investment industry standards, protects investors, and strengthens market integrity while maintaining efficient and competitive capital markets. IIROC carries out its regulatory responsibilities through setting and enforcing rules regarding the proficiency, business, and financial conduct of dealer firms and their registered employees and through setting and enforcing market integrity rules regarding trading activity on Canadian equity marketplaces.

Vice-President, Enforcement

Please apply to: Human Resourcese-mail: [email protected] fax: 416-943-6766 www.iiroc.ca


BAR MOVeS SuBMISSIONS (MAx 35 WORDS) TO [email protected] MOVeS SuBMISSIONS (MAx 35 WORDS) TO [email protected]

barmovesWho’s Moving Where

Anthony Moffatt has joined Bull, Housser & Tupper LLP as an associate and will be practising with their Labour and employment Group.

Diane Campbell has joined edwards Kenny & Bray LLP as a corporate com-mercial solicitor. Ms. Campbell advises clients on various business law matters, including regulatory and corporate mat-ters for credit unions.

Scott Sweatman of Blake, Cassels & Graydon LLP, Vancouver, moves to his newly-formed boutique human resources law firm with offices in Calgary and Vancouver, Spectrum HR Law LLP.

Sean K. Boyle has joined the Blake, Cassels & Graydon LLP partnership at their Vancouver office. His prac-tice focuses on corporate and commercial litigation, with an emphasis on securities litigation and regulatory matters.

Catherine A. Sas, qC has joined Miller Thomson LLP’s Vancouver office as a partner after 20 years of sole practice as an immigration lawyer. Ms. Sas provides a full range of immigra-tion services to individuals, cor-porations and small businesses.

David goult has been named as an equity partner at Fraser Milner Casgrain LLP. David practises in the area of litigation and dispute resolution.

Martha Metzneropened her Langley practice in the summer of 2009 with a focus on family law. She specializes as well in co-ownership, co-habitation, marriage and surrogacy agreements.

Alex Shorten has rejoined Bull, Housser & Tupper LLP as senior associate counsel and will be practising with their Business Law Group.

BAR MOVeS SuBMISSIONS (MAx 35 WORDS) TO [email protected]



newmembersBAR MOVeS SuBMISSIONS (MAx 35 WORDS) TO [email protected]

March & april 2010

Associate MemberJohn Lawit

Lawit & Kitson Albuquerque, NM

Regular MembersDaniel F. Hepburn

Campbell Froh May & Rice LLP Richmond

Judd Lambert

Pryke Lambert Leathley Russell LLP Richmond

Catherine L. Miller

Allen & Company Courtenay

edmund (yunwei) xie

Oyen Wiggs Green & Mutala LLP Vancouver

Scholar Membereileen Blishen Burnaby Articling StudentsChristina Adam

Stephanie Albiston

Shelley Armstrong

Blake, Cassels & Graydon LLP Vancouver

Perry Bahniwal

Canucks Sports & Entertainment Vancouver

Scott Black

Jamie Kariya


Polina Lussier

Lindy Mathesius

Delta Law Office Delta

Jessica McKeachie

Lidstone & Company Vancouver

Christine Muckle

Clarence Rambharat

Surrey

Janeen Sandhu

Richmond

veer Siddiqui


Michael Steinbach

Maria Zeldis

Law StudentsSundip Dhillon

Surrey

Servane Phillips

Vancouver

Lisa van den Dolder

greg T. Palm has formed Palm & Company Legal Counsel, a boutique civil and commercial litigation firm in Surrey. His litigation practice includes business, employment, creditor recovery and real es-tate matters among others.

virginia Richardshas completed her articles and will be staying on with Greig, Wilson & Rasmussen LLP as an associate. Her practice will focus on estate litigation, personal injury and family law.

Howard Wonghas joined Synergy Business Lawyers. He will be practising in the real estate development and commercial law.

Kristi Zychowkahas joined Synergy Business Lawyers as an associate. She will be practising in the commercial law area.


FOR MORe BAR MOVeS GO TO BarTalk ONlINE

bartalk | june 2010

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