President's Messa~e

Lawyers must be working part of multi-cultural society NEWSLETTER Who can't see the changing face OF THE of our population? How this CANADIAN BAR change will affect us in the ASSOCIATION , practising Bar will depend tre­B.C. BRANCH mendously on our own atti-

OCTOBER 1994

VOLUME 6

NUMBER 6

tudes.

Last year's total immigration to Canada was recorded at 254,670 of which about 45,000 came to British Columbia. About 70% ofthose immigrants were of Asian origin. Today more than half of the kids in the lower Mainland come from homes where English is the sec­ond language. It is predicted that by 2001, forty-five per cent of people in the Lower Main­land will be visible minorities, SO% if you include our aborigi-nal people.

President's Message .......... 1

Registry Q&A ...................... 2

Award presented ................ 4

SectionTalk ......................... 5

Practice notes: salary ........ 7

Seaton scholarship ............ 8

Legislative Update ......... 9/12

25th Anniverary ................ 13

Golf Tourney recap ..... 14/15

The pressure to maintain cur­rent immigration levels with a high majority from non-white countries won't likely diminish in the foreseeable future. We live in one of those continual stages of history where, forced by circumstances, masses of people are on the move. Cur­rent estimates put the numbers at around 80 million world­wide. And this is in the context of a world population that is in­creasing every year now by 90 million. We see almost none of it: 95% of it is in developing countries. We have come from a world population of 2.5 bil­lion 50 years ago to 5.5 billion now, of which one-quarter live in the industrialized world. By 2025, the total will be 8.5 billion, and by 2050, 10 billion, with more than 80% living in devel­oping countries.

For the younger poor world, there will be more and greater struggles for survival. With in­creasing awareness through TV

. ...

Eric Rice, Q.C. CBA (B.C. Branch) Pr·esident 1994/95

they will view us, the old rich neighbours, with envy, and the pressure for us to share more and to allow more immigration will intensify.

To react to these prospects out of fear is understandable. We already see signs of racial ten­sion in our communities that didn't seem to be there before.

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2

Your Registry Questions Answered by JoantJePawer, Manager, Registrar Programs

Rule41

Q: If Bonds are presented pursuant to an Order of the Court by a Bonding Company not listed as one accepted by the government, where is our author­ity to reject it?

A: Bonds are submitted pursuant to orders allow­ing them in a form "satisfactory to the registrar". We have been given guidelines by the Federal and Provincial Government which [registrars] should properly follow. Rule 58

Q: If counsel insist interest should be payable on monies in court but the registry's position is the money falls under rule 58 (1) (a), (b), (c) or(d) what is counsel's recourse?

A: Counsel would have to make an application to the Court by way of Notice of Motion requesting a declaration the monies come within the definition of "funds" in Rule 58. Supreme CourtAct SectionS Rule 44(15)

Q: Could a Notice of Motion filed in Prince George name the Smithers Registry as the place of hearing?

A: Yes, they are within the same Judicial District Pursuant to Rule 44(15):

"Where there is more than one place within the judicial district referred to in subrule (14) at which the court normally sits, the applicant may name, as the place for hearing, any of those places, but where the applicant names a place other than the place at which the proceedings was commenced, the court may, where the court considers that it was unreasonable to have made the motion returnable at that other place,

a) order that the application be heard at some other place, b) dismiss the application, or c) hear the application

and may, in any event, make a special order as to costs.

Judicial districts are described in Section 8 of the Supreme Court Act. Section 16(2) atJd (3) Family Relatiotzs Act

Q: How is an Appeal filed from a decision of the Provincial Court under the Family Relations Act?

A: Sections 16(2) and (3) of the Family Relations Act have been repealed and the following substituted:

"(2) A party may appeal to the Supreme Court from an order of the Provincial Court made under this Act, except an interim order,

(3) The time limit for bringing an appeal under subsection (2) is 40 days, beginning on the day after

the order of the Provincial Court is made.

(4) An appeal is brought by doing the following:

a) filing a notice of appeal in a registry of the Supreme Court;

b) serving a copy of the notice of appeal on the parties to the proceeding in which the order of the Provincial Court was made, unless a judge of the Supreme Court orders otherwise,

c) filing a copy of the notice of appeal in the registry of the Provincial Court at the location where the order was made;

(5) The Rules of Court apply to an appeal under subsection (2) to the extent that they are consistent with this section.

(6) After hearing the appeal, the Supreme court may do one or more of the following:

(a) confirm the order of the Provincial Court;

(b) set aside the order of the Provincial Court

(c) make any order that the Provincial Court could have made;

(d) direct the Provincial Court to conduct a new hearing.

(7) On application, the Supreme court may extend the time limit for bringing an appeal.

The Supreme Court Rules now apply and Rule 49(1) applies to these appeals. The form is provided to [Registrars] in the Precedent Manual under Tab 16. The party must apply for directions prior to pro­ceeding with the Appeal. These are placed on the chambers list for the court to determine the conduct of the appeal. A hearing date can then be obtained from the trial division . . AppendixC, Schedule1, Item12

Q: When an application for probate is made and the value of the assets or the asset itself is dis­closed at a later date, is the rate charged under Appendix C, Schedule 1, Item 12 the rate in effect at the time the grant is applied for or the rate in effect at the time the value is disclosed?

A: This was the subject of a decision of The Honour­able Mr. Justice Warren in Re: The Estate of Henry released March 25, 1994. Warren J. found at page 6 that the fee is payable in the amount set by order in council at the time the grant is issued. This applies to assets that were disclosed but not valued as well as assets that were disclosed after the grant was issued.

If you have any itJteresting or unusual questions, please write directly to Joanne Power, Manager, Registrar Pro­grams, Law Courts, 850 Burdett Ave., Victoria V6W 1B5

Eric Wong of the Hastings Institute gave an informative presentation on multi-cultural­ism at the Provincial Council Meeting on June 24, 1994. He began the session with a "multi-cultural bingo card" which contained anumberof"trickquestions" for those raised and educated in one of the mainstream cul­tures.

The point of his address was to cause lawyers to reflect on our own profession and the need for it to be reflective of the popula­tion that we serve. As the consumers of our services become increasing! ymulti-cul tural, it is important that our profession become more multi-cui tural and that we as individu­als learn to understand and appreciate cul­tures other than the western European cul­ture which has dominated in our province to this point.

As consumers of our services, itisimpor­tant to all cultures that their norms, tradi­tions, and customs will be understood. Fur­ther, when people look at lawyers and do not see themselves reflected, there are no role models to act as an incentive to encourage them to join our profession. They want to know that their experience is understood by our profession.

Another part of Mr. Wong's discussion focused on the norms in present day Canadi­an society which may be based on a particu­lar culture which is foreign to many other cultures. For example, one of the questions on the multi-cultural bingo form was "When do you celebrate New Year?" In effect~ su~ holidays are important because the histone holidays in western European tradition had become legitimized to the point that they are made statutory holidays, for example, Janu­ary 1 of each year.

The CBA (B.C. Branch) Multi-cultural Committeeisactiveunderchair Unda Loo of Singleton, Urquhart, Macdonald. Questions or comments regarding the committee's pro­grams and activities can be directed to Unda Loo at her firm address or by calling her at 682-7474. c

3

President's Message (continued from page 1)

We witness sudden and shock­ing breakdowns in civilize.d so­ciety elsewhere due to racial and cultural differences. With the separatist government in Quebec we may wonder what point there has been to the labo­rious efforts at bilingualism and biculturalism over the past cen­tury.

At the CBA Convention in To­ronto last August, those attend­ing were treated to an outstand­i.!!g presentation by author and lecturer, Michael Ignatieff. He spoke of his experiences in Yu­goslavia with insights applica­ble to Canada. Joining a group of Serbs in a hiding place as they fired at opposing Croatian gunmen, he asked one of the Serbs to explain his feeling of hatred. The answer was "They smoke different cigarettes than we do", and then later "They think they're better than us." In fact there was little to distin­guish the backgrounds and life­styles of the combatants. They actually knew each other and had worked together and liked each other before. In Ignatieff's view, the ethnic differences were much less to blame for the ruinous strife than political and economic factors which had created a vacuum with the death of Tito and the fall of communism. Both sides had ceased to feel that they had any­one they could trust except their own.

The lesson for Canadians, Igna­tieff said, was that although the ethnic differences can easily get out of hand, they can be over­come by fostering and preserv­ing common institutions in which everyone has a stake and which make it worth it for each individual to remain a good cit­izen. He stressed the impor­tance of the legal system point­ing out that we will have some­thing to work with as long as "we continue to have police we can trust, judges we can trust, and lawyers that we can more or less trust."

If Mr. Ignatieff is right, then there may be hope given our collective knowledge and expe­rience with the legal system, and given a commitment to make it a working part of a multicultural society. To pre­pare for this, the first task is to learn more of the facts about our visible minorities and the state of their relations with our legal institutions. It takes no more than a glance to see that they are under-represented as lawyers relative to their num­bers. From a number of studies we know them to be much un­der-serviced by lawyers (and most other social and profes­sional providers too), despite the fact that they certainly need our help. The research report of Richard Nann and Michael Goldberg into "Legal Problems of Multicultural Communities in Greater Vancouver (1993)" dis­closed that fully 75.6% of peo­ple surveyed from the multicul­tural communities had prob­lems with one or more legal as­pects. Earlier in 1992, Professor Gerry Ferguson reported to the Law Society on Multicultural Issues in the Legal Profession, citing numerous issues and nu­merous other reports revealing inequities imposed upon visible minorities by the legal system.

In British Columbia both the CBA and the Law Society have taken an active approach, pri­marily by setting up commit­tees to promote multicultural­ism. Our CBA Multicultural Committee under its new Chair Linda Loo is planning several specific initiatives to provide our members with information and to raise consciousness of these issues in ways that are rel­evant to individual law practic­es. A specialist in cross-cultural training from the Hastings In­stitute, Eric Wong, has given advice to the Committee on questions for a survey of the profession. Mr. Wong also spoke to Provincial Council last

Please turn to page 4

4

President's message (continued from page 3) June and in an entertaining way showed the considerable igno­rance of the audience in regard to minorities.

Our National CBA office, fol­lowing upon the Wilson Report on gender equality is planning an enquiry into racism in the le- ~ gal profession. I have ex- ~ pressed some reservations ~ about their approach and tim- :~:

11.

ing. We must necessarily deal ~ with our own prejudices as part ~ of the task of building a healthy a:

multicultural society. Howev- ~ er, I worry that the catch word ~ "racism" may be too narrow and too negative. We worked ourselves over rather effectively on gender and race issues at the National Council debates on the Wilson Report. We want our members to want to join in the process of this enquiry and it seems to me that more would do so with a program focused on the people we serve rather than ourselves, on solutions rather than blame. Moreover, since the ethnic mix varies quite a bit from province to province, a grand national undertaking would likely be less effective than projects at the branch lev-els. By whatever means, I hope we may all seek to discover more about our multicultural reality, and be enriched by it. In the f midst of our growing diversity, ~ we still live in a very peaceful, ~ prosperous country, as visitors ~ often remark. The strength of ~ our legal system and our role in ~ it surely has something to do a:

~ with that. As lawyers, every day we deal with peoples' problems so that they may be and feel secure. If we can em­brace the needs of the whole multicultural community too, we will be doing our part to preserve. that peace and pros­perity. For every new Canadi-an that we serve well, there will be a reason for hope. Eric Rice, Q.C., President 94/95

::::; c(

Berge and Scam bier receive award

1993/94 Branch President Parker MacCarthy (right) presents the President's Medal to Kathryn Berge and Paul Scarnbler at the Annual Meeting on September 23, 1994. As Co-Chairs of the B.C. Branch Gender Equality Implementation Committee, both Paul and Kathryn exemplify the volunteer commitment B.C. Branch members provide to further the mandate of the CBA (B.C. Branch) to serve our members to advance the interests of the profession.

1993/94 Branch year ends with modest surplus The 1993/94 Annual Report is enclosed with this mailing of Bar Talk. Please note on page 5 the Reserves reads as $370,386 but should read $320,386 as noted in the appended financial state­ments.

(Photo above) Sandra Schulz, Q.C., President of the Alberta Branch, attended the B.C. Branch Annual Meeting and > Provincial Council Meeting. i£

(Photo right) Ronald Gould, Presi- ~ dent of the Washington State Bar, § brought greetings from lawyers in Wash- 2 ington State. At the Provincial Council ::; meeting he remarked on the initiative ..J

launched by Past President MacCarthy ~ last year to strengthen ties between the a: two associations and his commitment to ~

Tom Heintzman, Q.C., President of the National Canadian Bar Association, attended the September 24, 1994 Provincial Council Meeting. He provided comments on the study on racism and the systems ofjustice projects that will be undertaken by the National CBA this year.

continuing this initiative in the future. ~ L......;;.a __ ...:...;;~:.:..:.......L...._..= __ _.

Shelley Bentley

Recent aboriginal self­government cases reviewed

Peter Grant clarified the current state of the law on aboriginal self-government at a recent meeting of the Native Justice Section. He began by noting how the concept of aboriginal self-government was consid­ered absurd a decade ago both by the courts and the non-abo­riginal governments. But now we have the recognition by the Minister and the Indian and Northern Affairs that the abo­riginal right to self-government is already recognized in theCa­nadian Constitution, and the Royal Commission on Aborigi­nal Affairs has published a pa­per on how Aboriginal rights of self-government have never been extinguished. In B.C. it has been recognized that self­government must be negotiated as part of the treaty process.

According to Mr. Grant the starting point for a judicial rec­ognition of the aboriginal right of self-government lies in the marshall decisions made in the U.S. Supreme Court in the 1820s. In the Worcester v. Geor­gia, ChiefJustice Marshall found that the aboriginal "na­tions" had governed their terri­tories prior to contact. Those

decisions were significant in recognizing aboriginal rights of self-government or jurisdiction.

These concepts were not un­known in Canada. In the fa­mous case of Connelly v. Wool­rich (1867) 11 L.C. Jur. 197. 1 C.N.L.C. 70, a decision made nine days after confederation, Mr. Justice Monk held that a marriage under Cree laws (cus­toms) was a valid marriage and gave rise to community of property between William Con­nelly and Suzanne Pas-de-Nom. This decision was upheld by the Court of Queen's bench on ap­peal (1869) 1 C.N.L.C. 151. Lat­er, the NWT S.C. (1899) in R. v. Bear's Shin Bone found that a marriage according to the laws (customs) of the Blood tribe was valid and could be the ba­sis for a conviction of polygamy under the Criminal Code.

Therefore, in the areas of mar­riage and adoption, the com­mon law recognized aboriginal laws and validated those acts under the common law. This continued up to the enactment of Section 35 of the Constitution Act, 1981.

Mr. Grant noted that the low point in the recognition of abo­riginal rights occurred on March 8, 1991, when McEach­ern, C.J. denied the rights of the Gitksan and the Wet'suwet'en in Delgamuukw. In his judg­ment, he held that with respect to the right of "self-govern­ment":

It is inconceivable, in my view that another form of government could exist in the colony after the Crown imposed English law, appointed a Governor with pow­er to legislate, took title to all the land of the colony and set up procedures to govern it by a gov­ernor and Legislative Council under the authority of the Crown.

In addition, in my view, the en­actment of the British North America Act, 1867, and adher­ence to it by the colony of British Columbia in 1871, which was accomplished by Imperial, Cana­dian and colonial legislation, confirmed the establishment of a federal nation with all the legis­lative powers divided only be­tween Canada and the provinces. This also clearly and plainly ex­tinguished any residual aborigi­nal legislative or other jurisdic­tion, if any, which might have existed in the colonial period.

This view was apparently adopted by the B.C. Court of Appeal in June, 1993, seemingly destroying any hope for judicial recognition of an aboriginal right of self-government in Brit­ish Columbia. However, two events have since occurred to change that perception.

First, the Royal Commission on Aboriginal Affairs has prepared a detailed paper, Partners iri Confederation, on the continuing right of self-government. In Partners in Confederation, the Royal Commission developed the following points.

1. The aboriginal right of self­government is inherent and not derivative. Its source is within Aboriginal communities, as a residue of the powers they orig­inally held as autonomous na­tions.

2. Because the aboriginal right of self-government is now rec­ognized in Section 35 of the Constitution Act, 1981 it is a part of Canadian Law.

3. The aboriginal right of self­government is not subordinate to the actions of other govern­ments, "neither are they su­preme" (see the Sparrow case).

4. Aboriginal self-government includes a component of an "ac­tual right of jurisdiction over

6

Section Talk (continued)

certain core subject matters without the need for court sanc­tion or agreements with the Crown." Core matters would include "matters of vital con­cern to the life and welfare of the community that, at the same time, do not rise to the level of overriding national or regional concern."

5. The aboriginal right also in­cludes a potential right which extends beyond the core rights.

6. The extent of the right of self-government is section 91(24) of the Constitution Act, 1981. This is a concurrent right with the federal crown.

7. Where there is a conflict with the federal right, the Spar­row rules apply.

8. Where there is a conflict with the provincial right, the rules governing federal-provin­cial rights apply.

Mr. Grant noted that the second recent source of support for ab­original self-government came in the B.C.C.A. decision in Casimel v. l.C.B.C. in September, 1993. In this case the Court of Appeal narrowed the majority view in Delgamuukw by finding that a customary aboriginal adoption was legally binding. In the decision Justice Lambert wrote:

I think that the conclusion which should be drawn from the decision of the Court in Del/Wmuukw v. The Queen is that none of the five judges decided that aboriginal rights of social self-government regulation had been extinguished by any form of blanket extinguish­ment and the particular rights must be examined in each case to determine the scope and content of the specific right in the aboriginal society and the relationship be­tween that right with that scope and content and the workings of the general law of British Colum­bia.

Mr. Grant concluded by point-

ing to a number of cases now before the courts which he spec­ulated will have an important influence on the issue of aborig­inal self-government in the fu­ture. These include: R. v. Jim in the B.C.C.A.; R. v. ]ones and Pa­pewon in the Ontario Court of Appeal; and R. v. Nikal in the Supreme Court of Canada.

National Securities Commission proposal gaining momentum

Mr. Read presented an update on the federal government's Nation­al Securities Commission propos­al. The update was based on a telephone conversation on July 8, 1994, between Mr. Read, Michael Varabioff and Mr. Frank Swet­love, the coordinator of the feder­al government's initiative.

The concept of a National Securi­ties Commission has been on the drawing board for years, howev­er to date, the concept had not been widely embraced. This most recentinitiative was started when the four Atlantic provinces ap­proachedthefederalgovernment and requested that a National Securities Commission be estab­lished. Essentially, the four At­lantic provinces were not inter­ested in regulating their capital markets and wanted the federal government to take over this re­sponsibility. The federal govern­ment is hoping to obtain a com­mitment from the provinces by the Fall of 1994 and to implement legislation by the Spring or Sum-

. mer of 1995. To date, Quebec representatives have stated that they are not interested. Repre­sentatives from Alberta, Saskatch­ewan, Manitoba and Ontario have expressed a fair amount of inter­est. B.C. representatives were not interested initially but appear to have softened their stance. The federal government has estab­lished a legal advisory commit­tee with representatives from the

provinces. Neil de Gelder is the B.C. member of the committee.

The essential characteristics of the proposal are that:

• participation will be volun­tary; • there will be no duplication of regulation - i.e., if the offering is cleared by the National Securi­ties Commission there will be no need to clear the offering in any

. province that has opted into this system; • provinciallegislation would still exist - the provinces would adopt the federal legislation and delegate the administrative au­thority to the National Securities Commission; and • the system will be designed so the provinces that opt into the system can still adopt certain ex­ceptions to the National Securi­ties Commission's rules to deal with local issues. The Securities Commission body itself would have the following characteristics. It would be au­tonomous and independent of OSFI. The head office would be in Toronto. There would be re­gionaloffices inothercentressuch as Vancouver. The current pro­vincial securities commissions would likely form the basis for these regional offices so as to min­imize disruption. The Securities Commission would have a na­tional commissioner and there would be regional commission­ers appointed from lists provid­ed by the provincial governments. The current proposal would al­low B.C. to have two full-time commissioners.

The regional offices would regu­late market participants and han­dle all investor claims and en­forcement, hold hearings, clear prospectuses where the office has expertise to do so (i.e., B.C. could handle mining and small busi­nesses), disseminate information and provide input regarding pol­icy matters. The self-regulatory organizational (i.e., VSE) struc­ture would stay essentially as it is. []

-~ Working 9 to 5, What a way· to make a living. Barely getting by, It's all taking and no giving. They just use your mind, ; and they never give you credit. It's enough to drive you crazy if you let it.

Writer and vocalist, Dolly Parton.

You have had a hard day in Court, and in returning to your office you are greeted by the piles of unanswered corre­spondence on your desk. As you settle into your chair, your secretary walks in, hands you a stack of phone messages and in turning away, says to you that his salary review is overdue ... Welcome back!

Traditionally, that salary re­view involves a brief review of the past performance of that employee, some discussion about future performance and quickly boils down to the hub of the question: "How much?"

However, research shows that salary alone is not a good moti­vator. Moreover, there is little to support that significant ac­tion is taken, or improvement achieved, following even a good performance appraisal in­terview with an employee.

How do we, as lawyers, moti­vate and improve on the per­formance of our staff? Some lawyers are possessed with as­tute observation skills, innate understanding of the driving forces lying within their em­ployees and the ability to "hit the buttons" of those employees to achieve maximum perform­ance. The rest of us mortals are left to muddle through, learn­ing from our mistakes and cher­ishing our victories.

Quality is the sine qua non of the 1990's. The delivery of quality is due in no small measure, by the performance of our staff.

Accordingly, it is increasingly important that as managers, we learn to motivate our employ­ees to have the kind of pride in their work that translates to high quality to the client, job satisfaction to the employee and effective performance to the lawyer.

What are the techniques to be used to achieve these goals? A sampling of these are as fol­lows:

• Separate the salary review from the performance review. Interviews designed to address performance should not have attention diverted away by the always sensitive issues of mon­ey.

• Recall that criticism has a negative effect on people. Use the "sandwich" approach ­comment on a positive aspect of the employee that you wish· continued, deal with an issue on which you desire improve­ment, and finish by comment­ing on another desirable at­tribute that you wish rein­forced. In this fashion, you have positively reinforced two beneficial features of the em­ployee to each negative point that you wish changed.

• Performance improves most when the employee assists in setting goals. Encourage the employee to put forward areas where they themselves desire improvement, and support them in setting the program and the time frame for change.

David ]. Bilinsky Chair, B.C. Branch Law Practice Management Section

• Use positive language. Tell your employees what you would prefer they do, rather than what is unacceptable.

• NEVER, NEVER, criticize an employee in the presence of someone, be it staff, partners or even worse, a client. If criticism need be given, do it quitely in the privacy of your office, and only after the employee has been offered the opportunity to explain. At all costs, we should preserve our employee's self-es­teem and establish ourselves as managers possessing a degree of compassion and understand­ing. In this way, we may save ourselves the embarrassment where the culprit may be anoth­er staff member, a partner or, heaven forbid, our self!

• Coaching is not an annual event. Take the opportunity whenever offered, to reward ef­fort, personal achievement and growth.

• Hold regular staff meet­ings. Open the agenda to input from everyone, and encourage commentary from all during the discussions. These allow lit­tle problems to be discussed and defused before they be­come big problems.

• Recall that the staff will be looking to you to exhibit leader-

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8

Scholarship established in memory of Mr. Justice Peter Seaton

With encouragement from his many admirers and friends, the Vernon Bar Association has es­tablished a Memorial Scholar­ship to honour the memory of the late Mr. Justice Peter D. Seaton.

Born in Vernon in 1924, Mr. Jus­tice Seaton graduated from area schools to join the Royal Canadi­an Air Force in 1942. In 1949, he married his wife of 44 years, Do­reen (Currie), and graduated from UBC Law School in 1950. He articled and practised with the Vernon firm which by 1966 had become "Davidson & Seaton," at which time he was appointed to the B.C. Supreme Court. Mr. Justice Seaton served as a judge of the Su­preme Court of B.C. until1974 when he was appointed to the B.C. Court of Appeal.

A keen sailor and avid skier, Mr. Justice Seaton was also an en­thusiastic supporter of local and

UBC law alumni holds Annual Meeting

The UBC Law Alumni Associa­tion Annual General Meeting will be held on Thursday, Nov. 17, 1994 at 5:30p.m. at the Law Courts Inn at the Vancouver Law Courts, 800 Smithe Street. RSVP Nicole Chipman at Blake, Cassels & Graydon 631-3322. []

Member re-appointed to Stock Exchange

Alison Narod of Farris, Vaughan, Wills & Murphy has been re-appointed to the VSE board of governors for a one­year term. She specializes in la­bour, employment and adminis­trative law. She was one of three re-appointments to the board in

Mr. Justice Peter Seaton

provincial charities and above all, a fine Canadian.

To contribute to the Peter Don­ald Seaton Memorial Scholar­ship, send your cheque paya­ble to: "The Vernon Founda­tion," and remit it to: c/o Vernon Bar Association, Attention: N. Davidson, #1 - 2906-32 Street, Vernon, B.C. VlT 5Ml. []

addition to three new public governors. []

Member named to Expropriation Board

Robert W. C. Shorthouse has been appointed as chair of the Expropriation Compensation Board. Shorthouse served as vice-chair since his appoint­ment to the board in July 1993.

Prior to his appointment, he had conducted a private law practice in Victoria specializing in corporate, commercial and real estate law. He replaces Jeanne Harvey who was re­cently appointed a judge of the Provincial Court of B.C. []

Practice Talk (continued from page 7)

ship and direction. "Do what I say, not what I do" is a lesson we all learned very early on, and memories linger . . .

• Managerial approaches that watch for staff sloth and ir­responsibility breed negative performance and apathy. Make use of the golden rule: Treat your staff as you would desire to be treated.

• Following the completion of a major file, in a staff meet­ing, give credit to the perform­ance of the employees who con­tributed to the success. This demonstrates to all that the firm is looking for outstanding re­sults, and will recognize same.

• Whenever possible, seek the opinion of your employees on how to make change for the better, and allow the employee to keep personal responsibility for implementing their suggest­ed changes. Strive to have staff consult you on increasing their authority in going about their duties.

• As staff performance, par­ticipation and authority in­crease, your role as supervisor will also change. You will de­vote greater time to enabling, encouraging and reinforcing positive achievements. Your job satisfaction will also increase and greater time will be freed to do more important work.

• The encouragement of pos­itive attitudes and values is an exercise that pays off in in­creased quality for the firm, greater job satisfaction for all and less hassles with the staff. Considering that we spend the greatest single portion of our lives at work- it is important that we make use of that time in not just earning an income, but in building effective, rewarding and positive organizations. []

You will see a reference in some cases to the number of the Bill when it was introduced in 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 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.

ACTS IN FORCE FROM PREVIOUS SESSIONS

The following acts were passed in previous sessions and have been brought into force by regulation.

Miscellaneous Statutes Amendment Act (No. 2), 1993, S.B.C. 1993, c.55 amends the Health Act, R.S.B.C. 1979, c.161, allowing the Lieutenant Governor in Council to delegate to a municipali­ty inspection, regulation and control powers for the purpose of health protection and providing for appeal of certain decisions to the Environ­mental Appeal Board.

section 10 of the Act;. except the partetzacting s.5(3)(b)- (d) of · the Health Act;. inforceAugust26,1994

Miscellaneous Statutes Amendment Act (No. 2), 1982, S.B.C. 1982, c.72, amends the Insurance Cor­poration Act, R.S.B.C. 1979, c.201, changing a ref­erence in s.6(d) of the Act from "Medical Act" to "Medical Practitioners Act".

section 10 of the Act i11 force Septetnber 12, 1994

Private Post-Secondary Education Act, S.B.C. 1990, c.64, provides procedures for accreditation of an institution registered under the Act andre­quirements which accredited institutions must meet.

sectimts 11 - 18, 20, 25 and 35(2)(/) of the Act itt force Septet11ber 15, 1994

Residential Tenancy Amendment Act, 1993, S.B.C. 1993, c.68 amends the Residential Tenancy Act, S.B.C. 1984, c.15, as to s.44, adding a regis­trar's order under s.16 to the orders that can be filed with the Provincial Court for enforcement, clarifying that the monetary jurisdiction of the Court applies to orders filed in the court under the Act and clarifying that a judge can cancel or change an order filed in the court under the Act if the order was made in the absence of a party.

sectimt19(c) of the Act except the part enacting s.44(3.3) and (3.4) of the Residett tial Tenancy Act 111 force Septetnber 15, 1994

Ann McLean

Health Professions Statutes Amendment Act, 1993, S.B.C. 1993, c.SO amends the Chiropractors Act, R.S.B.C. 1979, c.SO, the Nurses (Registered) Act, R.S.B.C. 1979, c.302 and the Nurses (Registered Psy­chiatric) Act, R.S.B.C. 1979, c.301, providing that at least one third of the number of members of the governing body of each profession covered by the Acts must be appointed by the minister.

sectimts 3, 39 and 45 of the Act in force Septetnber 30, 1994

Statute Revision Miscellaneous Amendment Act, 1992, S.B.C. 1992, c.55, amends the Land Title Act, R.S.B.C. 1979, c.219 and the Builders Lien Act, Court Order Enforcement Act, International Financial Busi­ness Act, Mortgage Brokers Act, Securities Act, Wills Variation Act, Expropriation Act, Homeowner Interest Assistance Act, Municipal Act, Trade Practice Act and Vancouver Charter, as to various references to "lis pendens" and "certificate of lis pendens" and re­ferring to "pending litigation" or "proceedings".

sections 1, 2,17-21 and Schedules 1 and2 of the Actin force October 1, 1994

Liquor Control and Licensing Amendment Act, 1993, S.B.C. 1993, c.32, amends the Liquor Control and Licensing Act, R.S.B.C. 1979, c.237, expanding the provisions relating to appeals.

sections 7, 8 and 10 of the Act in force October 7, 1994

Forest Amendment Act, 1993, S.B.C. 1993, c.l6, amends the Forest Act, R.S.B.C. 1979, c.140, allow­ing a district manager or regional manager to change the boundary or area of a woodlot licence with the consent of the licence holder at the time the licence is replaced. section 4 of the Act and the part of section 20(a) enacting s.158(2)(y) of

the Forest Act in force October 15, 1994

10

Legislative Update (continued)

ACTS IN FORCE FROM 1994 SPRING SESSION

The following acts, passed in the 1994 spring session, are now in force and are reported in order of bill number.

Insurance Amendment Act, 1994, S.B.C. 1994, c.7, (Bill 6), amends the Insurance Act, R.S.B.C. 1979, c.200, extending the types of contracts of insur­?nce to which the appraisal provisions apply to mclude many perils in addition to fire and to in­clude loss of rents or profits or loss from business interruption resulting from such perils, for losses occurring after s.1 comes into force. The act also extends the right of action of a judgment creditor against a judgment debtor's insurer to all cases where the judgment was in respect of a liability against which the debtor is insured. The act makes other minor amendments, including re­moving the requirement that policies be signed or countersigned by the agent in order for the agent to receive a commission.

in force Ocwber 1, 1994·

Accountants (Management) Act, S.B.C. 1994, c.17, (Bill 8), repeals and replaces the Accountants (Management) Act, R.S.B.C. 1979, c.3, changing the name of the governing society to the Certified Management Accountants Society of British Co­lumbia, increasing the number of lay board mem­bers, providing for membership categories and the operation of the society and expanding proce­dures for practice review and discipline.

in force September 15, 1994

Library Act, S.B.C. 1994, c. 31, (Bill12), repeals and replaces the Library Act, R.S.B.C. 1979, c.235, modernizing the provision of public library serv­ices and making conseque~tial amendments to the Miscellaneous Statues Amendment Act (No. 2), 1987, Municipal Act and Pension (Municipal) Act. The provision guaranteeing free basic public li­brary service is not yet in force.

Act, except s.46, in force August 26, 1994

Workers Compensation Amendment Act, 1994, S.B.C. 1994, c.24, (Bill13), amends the Workers Compensation Act, R.S.B.C. 1979, c.437, expanding the provisions which allow the board to make in­terjurisdictional agreements, reinstating benefits and retroactive benefits plus interest for spouses of workers who died as a result of a work acci­dent before July 1, 1974 and who remarried on or after April17, 1985 and allowing the board to award full compensation in certain circumstances for an occupational disease claim if the applica­tion is filed within 3 years after the date sufficient medical or scientific evidence as determined by the board became available to the board for the

board to recognize the disease as an occupational disease.

in force August 26, 1994

Medical and Health Care Services Amendment Act, 1994, S.B.C. 1994, c.48, (Bill 26), amends the Medical and Health Care Services Act, S.B.C. 1992, c.76, making administrative changes in the opera­tion of the commission and its dealings with prac­titioners.

in force August 26, 1994

Land Title Amendment Act; 1994, S.B.C. 1994, c.44, (Bill 28), amends the Land Title Act, R.S.B.C. 1979, c.219, enabling land owners to enter into conserva­tion covenants with parties, including non-govern­ment organizations designated by the Minister, and to have the covenant registered on title. Amenities which may be protected include natu­ral, historical, heritage, cultural, scientific, archi­tectural, environmental, wildlife or plant life value relating to the affected land. Consequential amendments are made to the Assessment Act, Herit­age Conservation Act and Property Transfer Tax Act.

sectio11s 1-5 of theActi11 forceAugust26, 1994

Agricultural Land Commission Amendment Act, 1994, S.B.C. 1994, c.25, (Bill 30), amends the Agri­cultural Land Commission Act, R.S.B.C. 1979, c.9, making administrative changes, adding to the role of the commission to encourage first nations and local and provincial governments to accommodate agricultural land in their by-laws, policies and plans, expanding the role of local governments to participate in applications, adding powers of in­spection for the purpose of deciding applications, requiring public notice of applications, clarifying that local government by-laws must be consistent with the Act, regulations and orders of the com­mission, validates the original process for designa­tion of agricultural land reserves and makes con­sequential amendments to the Municipal Act.

section 17 of the Act (validations) in force effective May 19, 1994; balance of the Act in force August 26, 1994

Waste Management Amendment Act, 1994, S.B.C. 1994, c.33, (Bill 35), amends the Waste Management Act, S.B.C. 1982, c.41, adding a new Part 4.1, "Clean Air Provisions" providing for the regula­tion of emissions from new motor vehicles and from engines and fuels and for the regulation of new solid fuel burning domestic appliances and makes consequential amendments to the Motor Ve­hicle Act.

the parts of section 1 enacti11g s.24.1, 24.4 24.3(a), (i), {i) and (l) and 24.5 of the Waste Mana3ementAct and section~ in force

October 1, 1994; the part of section 1 enactitz$ s.24.4 of the Waste MmzagenumtActi11 force August26, 1994

Skills Development and Fair Wage Act, S.B.C. 1994, c.22, (Bill37), requires that all employees of a contractor doing any part of government construc­tion to which the Act applies must have a certifi-

Legislative Update (continued)

cate of apprenticeship, certificate of qualification or Interprovincial Red Seal, requires that all such employees receive fair wages as stipulated by the regulations, deems fair wages to be wages for the purposes of the Employment Standards Act, pro­vides for other administrative matters to assist in enforcement, provides offences for non-compli..: ance, makes consequential amendments to the Drainage, Ditch and Dyke Act and the Ministry of Transportation and Highways Act and repeals the Wage (Public Construction) Act and certain provi­sions of the Hospital Act, Municipal Act and Van­couver Charter.

in force Sepumher 1, 1994

Health Statutes Amendment Act, 1994, S.B.C. 1994, c.42, (Bill 38), amends the

(a) Dentists Act, R.S.B.C. 1979, c.92, clarify­ing that the council of the college includes appointed as well as elected members,

(b) Health Act, R.S.B.C. 1979, c.161, redefin­ing the role of the Provincial health officer,

(c) Health Authorities Act, S.B.C. 1993, c.47, allowing the minister to act instead of a council in certain circumstances,

(d) Health Professions Act, S.B.C. 1990, c.SO, making a housekeeping amendment,

(e) Optometrists Act, R.S.B.C. 1979, c.307, making a housekeeping amendment, and

(f) Venereal Disease Act, R.S.B.C. 1979, c.422, including chlamydia in the definition of "ve­nereal disease".

section 10 of the Act (Optometrists Act) in force October 18, 1993; sectwns4- 8 and 16 of the Actin force SepUmber 12,

1994

Skills, Training and Labour Statutes Amendment Act, 1994, S.B.C. 1994, c.23, (Bill 39), amends the

(a) Architects (Landscape) Act, R.S.B.C. 1979, c.20, amending the provision relating to the constitution of the board of examiners,

(b) Engineers and Geoscientists Act, R.S.B.C. 1979, c.109, making housekeeping amend­ments, providing for more reasonable reim­bursement of lawyers and witnesses, and ex­tending the right to appeal to applicants for a licence,

(c) Hairdressers Act, R.S.B.C. 1979, c.159, changing provisions relating to fees and fines, and

(d) Pension Benefits Standards Act, S.B.C. 1991, c.15, expanding the provisions relating to preretirement survivor benefits.

sections 2- 10 of the Act in force August 26, 1994; sections 1 and 13 of the Act [Archiucts (Lamlscape)Act and Pension

Benefits Standards Act] in force Sepumher 15, 1994

Petroleum Corporation Repeal Act, S.B.C. 1994, c.SS, (Bill 42) repeals the Petroleum Corporation Act, R.S.B.C. 1979, c.324, provides for the wind­ing up of the British Columbia Petroleum Corpo­ration and its subsidiary, B.C. Petroleum (Kiti-

11

. mat) Ltd and makes consequential amendments to several acts which refer to these corporations.

in force September 30, 1994

Finance and Corporate Relations Statutes Amendment Act, 1994, S.B.C. 1994, c.37, (Bill44), amends the Financial Administration Act, S.B.C. 1981, c.15, setting a new standard for the invest­ment of funds, and providing for the exercise of investment powers by various people.

section 3 - 8 of the Act in force SepUmher 30, 1994

Miscellaneous Statutes Amendment Act (No. 2), 1994, S.B.C. 1994, c.SO, (Bill 48), amends the

(a) British Columbia Buildings Corporation Act, R.S.B.C. 1979, c.35, increasing the maximum amount that may be borrowed by the British Columbia Buildings Corporation from $700 million to $900 million,

(b) Farming and Fishing Industries Develop­ment Act, S.B.C. 1989, c.27, providing a change to the authorized government repre­sentatives on a council and providing for the legal capacity and powers of a council,

(c) Ferry Corporation Act, R.S.B.C. 1979, c.l28, making several administrative changes and providing details on regulations which may be enacted under the Act, including as to safety and traffic control on corporate premises,

(d) Petroleum and Natural Gas Act, R.S.B.C. 1979, c.323, providing for collection of royal­ties by attachment from third parties, repeal­ing the requirement for a rig licence to oper­ate a drilling rig and providing for the regu­lation of experimental schemes, and

(e) Science and Technology Fund Act, S.B.C. 1990, c.69, providing that all money received by the government from an activity funded under the Act is to be deposited into the fund created by the Act.

sections 1, 8-11 and 30 oftheActinforceAu$'tst26, 1994; sections 3 - 7 of the Act (Farming and Fishmg Industries

Development Act) in force Sepumber 15, 1994; sections 20- 29 of the Act (Petroleum and Natural Gas Act) in force Seputnber

30, 1994

Miscellaneous Statutes Amendment Act (No. 3), 1994, S.B.C. 1994, c.51, (Bill 55), amends the In­dustrial Development Incentive Act, S.B.C. 1985, c.43, limiting the amount of loans and invest­ments made from the Industrial Investment Fund to $300 million.

section 3 of the Act in force August 26, 1994

12

Legislative Update (continued)

REGULATIONS TO NOTE course for non-compliance with the Act. effective September 1, 1994

Court Rules Act, B.C. Reg. 221/90, the Supreme Court Rules are amended as to Rule 58(14), pro­viding that the court may order that money or a security awarded to an infant under a disability be paid to the Public Trustee in trust for the in­fant.

Pension Benefits Standards Act, B.C. Reg. 433/93, the Pension Benefits Standards Regulation is amended, providing for a waiver by a spouse or surviving spouse of his or her entitlement to a preretirement survivor benefit in respect of cer­tain registered retirement savings plans and life income funds. B.C. Reg. 279/94 effective August 26,1994

Skills Development and Fair Wage Act, B.C. Reg. 296/94, the Skills Development and Fair Wage Regulation is made, setting out exemptions from the Act, providing fair wage minimum rates, pro­viding for filing reports, record keeping and re-

B.C. Reg. 337/94 effective September 15, 1994

Workers Compensation Act, B.C. Reg. 339/94, the Fishing Operations Regulations is made, setting out safety regulations for licensed commercial fishing vessels.

effective Janrtary 1, 1995 ·

Members appointed to Provincial Court bench

Attorney General Colin Gabel­mann announced the appoint­ment of eight provincial court judges on Sept. 20, 1994.

• Agnes K. Krantz, Q.C. comes to the bench from a posi­tion as staff lawyer with the Le­gal Services Society of British Columbia. Her appointment as judge in Prince Rupert is effec­tive Sept. 27, 1994.

• Richard D. Miller served since 1977 as Crown Counsel, first in Prince Rupert and later in the Fraser Region. His ap­pointment to the bench in Sur­rey is effective Sept. 28, 1994.

• Jeanne Watchuk was with the firm Bull, Hausser & Tup­per where she specialized in tax law. She also brings experience in matrimonial and family law to her appointment to the bench in Vancouver effective Oct. 3, 1994.

• Gurmail Singh Gill prac­tised law in New Westminster. He brings wide and varied ex­perience in civil, family and criminal law to his appointment in Surrey and begins his duties on Oct. 4, 1994.

• Daniel M. B. Steinberg has been in private practice since 1974. In recent years, his experience has involved mas tly criminal law. His appointment

as a judge in Vancouver is effec­tive Oct. 5, 1994.

• Christopher David Cleaveley has been in private practice for many years in Fort St. John. He was a member of the B.C. Native Lawyers. His appointment as a judge in Fort St. John takes effect Oct. 6, 1994.

• Lorna-Jeanne Marie Har­vey is currently Chair of the Ex­propriation Compensation Board. She also has extensive experience in family law. Her appointment to the bench in Victoria is effective Oct. 7, 1994.

• Marion R. Buller brings a wide range of experience to the Provincial Court. Her criminal law experience has involved both prosecution and defence work. She also acted as Com­mission Counsel for the Cariboo­Chilcotin Justice Inquiry. Her ap­pointment as a judge in Van­couver is effective Oct. 11, 1994.

"I am confident they will bring to their work insight and com­passion along with the wisdom to render fair decisions such work demands," said Attorney General Colin Gabelmann. [J

REPORTS AVAILABLE The Legislation and Law Reform Committee has received a copy of the following reports from the B.C. government. Information may be obtained from the source noted or from Ann McLean, B.C. Branch Legislation and Law Reform Officer in Victoria (598-2860).

Report Source Discussion Paper issued Ministry of Municipal by the Secondary Suites Affairs - 387-4089; Ministry Policy Committee, chaired of Housing, Recreation and by Sue Hammell, MIA Consumer Services - 387-

3169; Sue Hammell 572-7277

Report to the Minister of Social Services of the Panel to Review Adoption Legisation in British Columbia

Environmental Assessment Act Draft Regulations (second draft)

Minis try of Social Services Adoption Program (387-7071)

Environmental Assessment Project (952-0575)

13

Law Foundation celebrates quarter century of service to the public This year marks the 25th anniver­sary of the Law Foundation of British Columbia.

In 1969, British Columbia law­yers led the way by establishing the first law foundation in North America to receive and distrib­ute for the benefit of the public the interest on clients' funds held in lawyers' pooled trust accounts. Prior to the Law Foundation, fi­nancial institutions simply kept the money on these pooled trust accounts.

The idea for the foundation, cre­ated through statute and inde­pendent of the Law Society, took root in British Columbia as a re­sult of the work of Mr. Justice Kenneth Meredith and Mr. A.M. Harper, Q.C., the founders of the Law Foundation of B.C.

Atthe August1989 Annual Meet­ing of the Canadian Bar Associa­tion in Vancouver, the then At­torney General, Bud Smith, Q.C., presented Mr. Justice Meredith and Mr. Harper with Founders Awards to recognize their signif­icant contribution to the people of British Columbia.

Since the creation of the Law Foundation of British Columbia, almost every other jurisdiction in North America has followed our lead and created similar founda­tions based on the B.C. model.

The Legal Profession Act directs the Law Foundation to distribute its income in five areas:

• legal aid; • legal education; • law reform; • legal research, and • law libraries.

The Law Foundation's mission statement is to use its income for the benefit of the public of the Province of British Columbia, by supporting programs which ad­vance and promote the rule of law and a just society.

Since its inception, the Law Foun­dation has distributed over $140 million dollars in grants to wor­thy law-related projects for the benefit of the public of British

On October 6, 1994, the original founders of the Law Foundation of B.C. Mr. A.M. Harper, Q.C. (2nd from left) and Mr. Justice Meredith (3rd from left) welcomed Law Foundation Gavernors and grantees to the Law Foundation offices to mark the 25th anniversary of the Law Foundation of B.C., the first such foundation in North America and the model for other law foundations since its inception. Also on hand at the celebration were Attorney General Colin Gabelmann (left) and B.C. Branch President Eric Rice, Q.C.

Columbia. The great majority of these grants go to the programs designed to make the law and justice system more accessible to the people of British Columbia, particularly those members of the public who have the greatest problems of access as a result of their economic, social, physical, or mental special needs.

The Law Foundation is adminis­tered by a Board of Governors which is responsible for making all decisions concerning grants. The Board consists of 18 volun­teer members, two of whom are appointed by the B.C. Branch of the Canadian Bar Association.

The Law Foundation provides continuing support to the B.C. Branch of the CBA for a number of its programs including • Law Week public legal edu­cation activities throughout B.C.; • Lawyer Referral program, a province-wide telephone service which helps the public obtain low cost legal information and assist­ance; and • Dial-A-Law, a province wide telephone service which provides free legal information to the public.

The Foundation also provided grants for Branch projects such as Legislation and Law Reform Of­ficer to assist the Branch to re­spond to and initiate legislation reforms, and a project to develop briefs on key, provincial environ­mental law reform for the Associ­ation's Sustainable Development Action Plan.

The Law Foundation has provid­ed grants to the National Canadi­an Bar Association for a variety of projects including: • Research grant (1990) focus­ing on court reform and its im­pact on the independence of the judiciary and the public's access to justice; • Research grant (1991) focus­ing on reform and recodification of the General Part of the Crimi­nal Code; and • Grant (1992) for the work of the national task force on Gender Equality. The legal profession of British Columbia has reason to be proud ofthesignificantcornmunityserv­ice provided by the Law Founda­tion of B.C. through the volun­teer work of its many Governors, and the services provided by its grantees. []

14

National Trust Annual Team Competition Trophy: (left to right) Pat Devlin, Tom Deutsch, Bruce Bragagnolo, Glen Harder

Mabel Penery French Cup, Low Gross ­Ladies: Deidre Herbert

The CBA (B.C. Branch) First Annual Charity Golf Tourna­ment in support of the Adult Literacy Contact Centre was a resounding success on Sept. 21, 1994 and raised over $2,500 for the Centre.

Seventy-two golfers, from nov­ices to experts, basked in, the heat of perfect weather at the 400-acre, Arnold Palmer-de­signed Northview Golf and Country Club. Within the two 18-hole championship courses, Northview has preseved 35 acres as a wildlife refuge.

The B.C. Branch had held regu­lar golf tournaments up to ten years ago, but this tournament was resurrected as a means to support the work of an impor­tant public resource, the Adult Literacy Contact Centre.

"This tournament was recom­mended by the B.C. Branch Communications Committee as a way to bring members togeth­er for a golf competition but also to raise awareness within the profession of the provincial services provided by the Adult Literacy Contact Centre," said Tourney Committee Co-Chair Craig Goebel. "We view this as the first in what we hope will become an annual tradition for such a worthy endeavour as the Centre," added Goebel.

"The Tournament is about col­legiality and competition, but the big winner is literacy," said

Midland Walwyn Blue Chip Cup, Low Gross - Men: Robert Crawford. Congratulating Robert is Robert Smethurst, Q.C., B.C. Branch Executive Director and Co-Oiair of the Golf Tournament Committee.

President Eric Rice, Q.C., who participated in the tournament. "We were also pleased that law Society Treasurer Robert Johnston, Q.C., and Secretary Bryan Ralph were able to make time in a hectic schedule right before our annual meetings to support this event as well."

Adult Literacy Contact Centre Chair Betty Noble and Centre Coordinator Linda Hackett were on hand at the awards dinner to thank the B.C. Branch for its commitment to literacy and the Centre.

A special thank you is extended to the trophy and prize spon­sors listed on the opposite page. Their participation ensured the success of the event. As well, thank you is extended to Com-

mittee members Cheryl Stephens and Linda Hackett for their work, to Executive Direc­tor Bob Smethurst, Executive Secretary Barb Murphy and Communications Director Lar­ry Hnetka for their diligent sup­port of this event.

Other competition winners:

Closest-to-the-hole: Albert Raponi

Longest Drive - Men: Brent Chapman

Longest Drive - Ladies: Elizabeth Watson

Best Novice: Hugh McLellan

Ronald C. Bray Cup, Low Net - Men: Matt Fahey

The Pinnacles Trophy in support of the CBA (B.C. Branch), Low Net- Ladies: Elizabeth Watson. The annual trophy was presented by (left) Warren Burgess and (right) Bob Williamson of the Pinnacles Resort at Silver Star in Vernon.

Corporate Courier Challenge Cup, Team Low Gross: Glen Harder, Bruce Bragagnolo, Pat Devlin, Tom Deutsch

Sponsors and Contributors

Special thank you to the following finns who sponsored tee and green signs: • Active Bailiff Services Ltd. • Adams & Phelps Reporting • Burgess Austin & Associates • Canadian Bar Insurance

Association - Leo Donahue Insurance Services

• New West Reporting Services

• Skikaze Ralston, Chartered Accountants

• Smart and Biggar • Warner Scarborough • West Coast Title Search Ltd. Sponsors and donors: • Abercorn Inn, Richmond • Active Bailiff Service Ltd. • Adams & Phelps Reporting • AIR CANADA

• Alexander, Holburn, Beaudin & Lang Alistair Eagle Photography

• American Express • BSG Systems Ltd. • Burgess Austin & Associates • Canadian Bar Insurance As­

sociation - Leo Donahue In­surance Services

• Coast Canadian Inn, Kamloops

• Coast Discovery Inn, Campbell River

• Coast Plaza Hotel, Vancouver

• Coast Vancouver Airport, Vancouver

• Coast Westerly Hotel, Courtenay

• Corporate Couriers • COSTCO Wholesale

• Counsel International • Crown Publications • Deloitte Touche • Empress Hotel, Victoria • Executive House Hotel,

Victoria • Four Seasons Hotel,

Vancouver • Grand Okanagan Lakefront

Resort, Kelowna • Holiday Inn • Holiday Inn- Chilliwack • Hotel Vancouver • International Binding and

Laminating Ltd. • Kevin Perra of NRS West-

burn Realty Ltd. • Le Meridien Vancouver • Midland Walwyn • National Trust • New West Reporting

Services • PARK'N FLY • Sheraton Plaza 500,

Vancouver • Skikaze Ralston, Chartered

Accountants • Smart & Biggar • The Landis Hotel, Vancouver • The Pinnacles, Silver Star

Mountain - Vernon • Toronto Dominion Bank • Warner Scarborough • Waterway Houseboat

Vacations, Sicamous • Wedgewood Hotel,

Vancouver • West Coast Title Search Ltd.

Photography on pages 14 and 15 cour­tesy of Alistair Eagle Photography

16

Graham joins Branch Staff

Patti Graham has joined the B.C. Branch staff as Adminis­tration Director. With a varied background in administrative management, recruiting, train­ing, personnel and office com­puter systems, Patti Graham will oversee the day-to-day op­erations of the B.C. Branch, its staff and computer system.

Patti will also assist in prepar­ing budgets and financial state­ments and will ensure that the B.C. Branch continues to sup­port its activities through sound financial planning, resource and staffing allocation. The Execu­tive and staff welcome Patti to the office. []

Kelsey and Adair sit at Provincial Council table

Christopher Kelsey of Swift Datoo & Company in Courte­nay has been appointed to a one-year term to represent Nan­aimo County on Provincial Council. Kelsey replaces elect­ed member Jean Mackie of Ramsey Thompson Lampman in Nanaimo who was unable to complete her term of office.

Brent Adair of Trail has been appointed to a one-year term to represent Kootenay County on Provincial Council. Adair re­places elected member Dana Urban who has accepted a posi­tion at the War Crimes Tribunal in the Hague. []

Legal community unites for charity

Partners and law firm staff in the Lower Mainland and throughout British Columbia are actively supporting United Way campaigns.

With 19 United Ways in British Columbia, all run by local boards of directors, money raised in each area remains in those communities. Giving to the United Way is "the way to help the most."

1£ your law firm does not have a United Way campaign, consid­er a personal donation to assist United Way agencies in your own community. []

Distinquished Service Award deadline near

The CBA (B.C. Branch) Annual Georges A. Goyer, Q.C., Memo­rial Award for Distinguished Service will be presented at the Bench and Bar Dinner on No­vember 24, 1994. Up to two awards will be considered each year. Nominations for the award close on October 28, 1994. Nominations are being received for a person who has provided exeptional contribu­tions and/ or achievements:

• to the legal profession in B.C.;

• to jurisprudence in B.C. or Canada;

• to the law or development of the law in B.C.; or

• a significant law-related benefit to the residents of British Columbia.

Previous award recipients in­clude Alec Robertson, Q.C. (1992) and Neil Davidson, Q.C. (1993).

Call the B.C. Branch office at 687-3404 for a copy of the nomi­nation form or for further infor­mation. []

Dates to Note

November24 Bench and Bar Dinner Law Courts Inn, Vancouver

December 3 Provincial Council Meeting Delta Airport Hotel, Richmond

January 1995 (date tba) First Nations Forum Long House, UBC

February 3-4, 1995 Kootenay Bar Winter Meeting

February 18, 1995 Provincial Council Meeting, Vancouver

February 25-28, 1995 National CBA Mid-Winter Meet­ing, Charlottetown, PEl

BarTalk is published by the British Columbia Branch of the Canadian Bar Association, lOth Floor- 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: (604) 687-3404 FAX: 669-9601

Editar: Larry Hnetka, Commu­nications Directar 687-3404 Legislation and Law Refarm Of­ficer: Ann McLean (Victoria) 598-2860 SectionTalk Editar: Shelley Bentley, LL.B.

Alistair Eagle Photography (688-8867) is the CBA (B.C. Branch) official photographer. © Copyright the British Co­lumbia Branch of the Canadi­an Bar Association-1994.

The B.C. Branch of the Canadian Bar Association represents over 7,600 Iawyers within British Co­lumbia. The B.C. Branch is dedi­cated to improve and promote ac­cess to justice, to review legisia­tion, initiate law refarm measures and advance and improve the ad­ministration of justice. On behalf of the profession, the B.C. Branch works to improve and promote knowledge, skills, ethical stand­ards and well-being of members of the legal profession and promotes the interests of its members. []