October 1999

Vol. 11 • No.5

INSIDE President's Co lumn 2

Section Talk 3

From t he Bench 6

Practice Talk 7

Legislative Update 9

Execut ive Commitee 1999/2000 17

Q&A: No Quick Fixes 21

Guest Column: Real Time Billi ng Blues 24

Law Foundation of BC 25

Lawyer in t he Community 26

Bar Photos 27

Class ified Ads 28

Optio ns For Lawyers: Hindi Greenberg 28

Outside the Lower Mainland in BC call us TOLL FREE:

BRITISH COLUMBIA BRANCH, CANADIAN BAR ASSOCIATION

The Right-and Cost-Of Representation New tide of migrants raises legal and policy issues

ince July 20, 1999, four boats carrying human cargo have arrived off the shores of BC. Almost 600 men, women and children have sought­by whatever means available to

them-a new life in Canada. BC' s official response has been based on principles of international human rights and the Supreme Court of Canada ruling that anyone stepping foot in Canada has the same basic rights as any Canadian. At a political and public level, criticism has been loud, frequent and harsh. Editorial cartoons, media commentary and politicians have attacked the Canadian approach to the problem of dealing with illegal migrants. Most distressing to the profession however, are concerns about behind-the-scenes infringements of the migrants' rights; the impact of $1 million in unbudgeted Legal Aid expenses over the next two years (based only on the four boats to date); and extremely negative public portrayals of immigration lawyers.

BC Reform MP Keith Martin was quoted in the Ottawa Citizen as saying that migrants should not be allowed to consult immigration lawyers, who only counsel them to lie. Branch Immigration Section Chair Gordon Maynard is outraged: "Counsel are very aware of their responsibilities, and the integrity that goes with the position. The role of counsel is not to give a story to a claimant, but to ensure that they understand the law and process, and that they are dealt with in accordance with the law. The issues involved can be serious, even life­threatening, and it is important that individual rights and due process be

The Immigration Bar is deeply concerned with the position of the Department of Citizenship and Immigration that the migrants have no right to counsel for the purposes of their initial interview and Senior Immigration Officer (SIO) interview. The Bar is concerned that the migrants do not imderstand the law, and do not understand that they must initate their claims before the SIO interview is concluded. Failure to initiate the regugee claim before issuance of a removal order by the SIO is a bar against any future claim.

The Department is interpreting these interviews as though they are interviews at an airport entry. The Supreme Court of Canada's Deghani ruling stated that in conducting these primary and secondary interviews, the Charter right to counsel is not engaged as the person is not detained. The SCC leaves open that if counsel were ready and willing to attend at the secondary interview, that it would be appropriate. The Department is taking the approach that the detention of boat migrants are not, iri fact detentions, and that they are equivalent to port-of-entry examinations.

"We are hearing accounts of counsel being available, but interviews being conducted without access to counsel. Counsel are being told they can attend SIO interviews but not participate," says Mr. Maynard. "There is no question that the process is fundamentally different from an airport interview. It is detention. This is arguably contrary to the Charter entitlement of right to instruct counsel upon detention." Q~

1·888·687·3404 protected."

PRESIDENT'S COLUMN

Mayland McKimm

President 1999/2000

BC Branch,

Canadian Bar Association

2

Lawyers For Lawyers Forecast for the Millenium

t is w~th great excitement that I approach this year as president of your Bar association. The BC Branch of the Canadian Bar Association recently decided that the time had come to

clearly and strongly restate the fundamental values of our organization. We are first and foremost the association in support of lawyers for lawyers. It is our role to be the essential ally for lawyers in all aspects of your professional lives.

The BC Branch of the Canadian Bar Association will become the organization to which you will turn first for assistance when professional issues arise in your practice. We will ensure that our ability to respond includes everything from addressing concerns about practice management, to being heard at all levels of government on issues that impact directly on our profession or our clients.

In the coming year, we will continue to promote the development of valuable member services for you. These member services are effective for our organization and its universal membership because of the enhanced purchasing power it brings all of us, no matter the size of our firm. This year we will be looking at everything from preferred and recommended software, hardware, and office management packages to preferred rates with telephone and telecommunications suppliers. Everything from office supplies to recreational opportunities. We hope that when any of our members has a need in their practice, they will turn first to the CBA and receive the answers and solutions they need.

The CBA continues to be the voice of the legal profession. When our system of justice is attacked or unfairly criticized, it is our job to respond immediately and effectively. The Canadian public has grown skeptical of institutions and government. It is not that the justice system should not be criticized; indeed, this debate can form the basis of a valuable intellectual exchange. However, the CBA must

be in the front of that debate. And we must continue to be vocal on the issues that matter to those who are marginalized in our society, and who cannot be heard on issues about equality of access to justice.

The CBA has a proud history of bringing to government the issues that affect our practices and the lives and business of clients. In 1998, our national association made submissions to the federal government on 55 pieces of federal legislation. Provincially we were called upon to make submissions either confidentially or publicly on 11 pieces of provincial legislation. The CBA has worked hard to develop a strong presence with government, and to ensure that our voice and issues are considered and addressed.

We are a profession which enjoys public confidence and respect - lawyer jokes aside, public opinion data shows clearly that we continue to prove worthy of public respect. We must continue to communicate to the public the value of our profession. No one else can provide the service, knowledge, experience and wisdom that we do. No other profession can match our tireless commitment to our communities on charitable Boards, in service organizations, in social and political organizations and, perhaps most importantly, in the schools, arenas, fields and in gymnasiums all over the province as we share in the task of supporting the development of the future generation of our country.

As a new year at the BC Branch gets underway, I am excited and somewhat daunted by the privilege of serving this profession. I need your input as to how we can best serve you. I hope you will take the opportunity to call me and tell me your thoughts. I look forward to working with you to take our profession into the next millennium, facing whatever the future brings, together, with strength and with pride.

Bar Talk Vol. I I No. 5

Shelley Bentley

Shell ey Bentley is In House

Counsel at C IBC Trust

Corporation, Vancouver.

October 1999

SECTIO N ACTIVITIES

There are currently 67 active BC Branch provincial sections. These sections play a vital role in keeping members not only up-to-date on changes in the law but also aware of legal and political issues affecting a given area of practice. They are the main resource utilized by the BC Branch in legislative review, law reform initiatives and in responding to matters affecting the profession.

What follows is a sampling of the recent activities of many of these sections. Asterisks indicate papers which are available through the Section Papers Series at a cost of $7.49 (including CST) . Please contact the Branch office to receive an order form.

AIR LAW

Michael Bethell, SVP and Aviation Manager for BC and the Yukon for Aon Reed Stenhouse Inc., gave a presentation on "Y2K- Current Aviation Insurance Issues and Trends." New email and website addresses for aircraft searches and registrations were also provided.

CIVIL LITIGATION AND HEALTH LAW (JOINT MEETING) *

On May 20, 1999 the Supreme Court of Canada held that on considering section 6(4)(b) of the Limitation Act, as to whether the running of time for commencement of an action should be postponed beyond the two year limitation period, the Court should take the Plaintiff's individual circumstances and interests into account. In Novak v. Bond, her desire to focus on her recovery from cancer and avoid the stress she associated with litigation met this new test. The 4-3 decision allowed the action to proceed five and a half years after the Plaintiff knew of her physician's misdiagnosis of cancer. The Judgment includes an unusually strong dissent, describing the decision as effectively abolishing limitation periods and calling for

legislative reform. Counsel for the Respondent patient and the appellant physician spoke to Section members about the basis for the decision and its importance for all claims governed by the Act.

CRIMINAL JUSTICE-VICTORIA

Judith Hayes and Dr. Robert Miller from the Forensic Services Commission noted the widespread dissatisfaction with the laws concerning mentally disordered offenders. They have often been left languishing in jail. This situation changed dramatically with the Swayne decision and the consequent Criminal Code amendments which also resulted in an 83 per cent increase in referrals to the Forensic Services Commission for review board hearings. The Commission follows a process whereby it tries its best to provide connections for disordered offenders to the various social services in order to place them in the community. Ms. Hayes and Dr. Miller emphasized the importance of Crown, defence and the Commission co-ordinating their efforts to maximize the assistance to the disordered offender.

ENVIRONMENTAL LAW-VANCOUVER

Section 20.51 of the Waste Management Act authorizes a manager to appoint an Allocation Panel to provide an opinion on whether a person is a "responsible person" and what contribution that person has made to the contamination as well as determining the share of the remediation costs to be borne by that person. Wally Braul, a lawyer with considerable experience in this area who was involved in drafting the Waste Management Amendment Act and who sat as chair of the first Allocation Panel has recently been asked to draft a new set of protocols for the Allocation Panels. He attended a subsection meeting to outline his new draft protocols.

Continued over

3

I i

I

SECTION TALK

4

SectionTalk Continued from page 3

FAMILY LAW-PRINCE GEORGE

Among the pot pourri of topics discussed was the recent decision in Mosseini v. Oreck Chernoff et al, (Jan. 22, 1999, Van. Reg. # A982880, Catliff, J.) In this case it was found that a solicitor in a law suit can exercise a lien against any property that is recovered or preserved as a result of the proceeding, and is not limited to property recovered or preserved for his or her own client. A solicitor's lien can be registered against property obtained by the opposing counsel for the benefit of the opposing party. It is speculated that the decision may result in an amendment to section 79 of the Legal Professions Act.

FAMILY LAW-KAMLOOPS

Lawyer Gail Forsythe addressed section members about the under-utilized services of the Dispute Resolution Office in child apprehension matters. She emphasized that although the question of apprehension is not up for mediation, the service can deal with terms of access, voluntary care plans, involvement of foster parents and where a child should be placed.

FAMILY LAW-WESTMINSTER

Karl Warner, QC, the first Vice-President of the Law Society of BC spoke about the future of the legal profession and the challenges currently facing the Bar. Mr. Warner feels it is important for the Law Society to recognize that lawyers must have the freedom to adapt to changes in the demand for their services as the practice of law evolves. He made the following observations on this evolution: Electronic access to court decisions may render law libraries obsolete. Title insurance may erode conveyancing practice. Notaries are competing effectively for conveyance and other real estate work. The need for a good litigator is not abating but focus has shifted to alternate dispute resolution and forums which offer confidentiality and speed. Technology can reduce the need for legal services. For example, whereas in the past a standard form

contract might have been prepared by a lawyer for each new transaction, the client may now engage the services of a lawyer to prepare one master agreement which the client or its in-house counsel will modify electronically as the need arises . The Law Society is looking carefully at multi­disciplinary partnerships.

FORESTRY LAW

Patrick Moore, Chair of the Sustainable Forestry Committee of the Forest Alliance discussed the issue of certification as it affects the BC forest industry. Certification, which involves the independent verification of compliance with sustainable forest management practices, is an evolving practice in BC involving competing forces some of which are highly politicized. Mr. Moore outlined some of the problems with competing values and ideologies and commented on the progress which has been made in resolving many of the complex issues involved.

GENDER ISSUES

Panel speakers Gail Dickson and Bob Walker spoke on " Providing Greater Opportunities for Females in Sport-Ensuring Gender Equity in Professional, Community and School Sports Programs." Ms. Dickson and Mr. Walker were counsel in the recent human rights case brought against the City of Coquitlam regarding gender equity in municipal sports programs. This case went on to mediation and resulted in a new Municipal Gender Equity Program launched by the City of Coquitlam.

HEALTH LAW

Recent health law topics covered were:

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resolution of the Nancy Morrison case by the College of Physicians and Surgeons of Nova Scotia;

current status of Hepatitis C negotiations and hearing dates; and

Federal legislative initiatives including regulation of natural health products and reproductive technologies, and the proposed Health Protection Act.

Bar Talk Vol. II No. 5

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,

IMMIGRATION LAW

Immigrant investor funds were discussed in a recent meeting. Robert Rocheleau, a partner with the Immigrant Investors Programme with MCAP, a leading financial corporation, discussed the reasons why the Quebec Immigrant Investor fund attracts 90 per cent of all immigrant investors in Canada.

PENSION AND BENEFITS LAW *

Shawn Hatch spoke about the tendency of courts to decline jurisdiction in favour of labour arbitrators in cases where pension or welfare benefit disputes arise under

collectively bargained pension plans and health and welfare plans.

PROPERTY AND COMMERCIAL LAW-OKANAGAN*

Anne Postelwaite and Karen Christiansen of Snowsell J ennens and Carter and Theresa Arsenault of Pushor Mitchell gave a detailed review of when and how to perform an estate freeze.

TAXATION LAW*

Douglas Powrie from Thorsteinssons delivered a paper entitled "Taxpayer Migration; the December 1998 Proposals." 8

Lawyer to Head BC Online Business Development

Access BC Information Services Inc., the Macdonald Dettwilier and Associates (MDA) company which operates BC OnLine, has appointed Paul G. Mendes to the position of Manager of Business Development. Mr. Mendes, who was called to the Bar in 1994, was in-house counsel and director of sales and marketing for Agentis Information Services Inc.

BC OnLine is the on-line data service which provides access to government registry data, including: land titles; company data, Personal Property Registry, manufactured homes, BC Assessment Authority, the Site Registry and Land Data BC. Lawyers account for more than two-thirds of all BC OnLine transactions. The appointment of a lawyer to this key corporate position marks, as Mr. Mendes says, a "turning point" in BC OnLine's development.

"Our goal is to bring a more customer­centered approach to the business of BC OnLine, and the legal profession will play a

key part in that process," says Mr. Mendes. The top 400 customers were recently surveyed, resulting in the identification of a number of priorities for change over coming weeks and months. These include: faster and easier access to BC OnLine over the Internet; better account administration and billing; training opportunities; and the development of more services.

Training programs have been initiated across the Province, and changes to the BC OnLine web interface will be introduced before the end of this year. Other major initiatives, such as the introduction of credit card processing, will be introduced before year-end.

Client consultations will be on-going throughout the year. If you would like to have more information about the proposed changes to BC OnLine, or to invite Mr. Mendes to speak at a professional meeting about these changes, contact him at (604) 231-3049 or via email at pmendes@mda.ca. G

Letters to the Editor are encouraged .. . we want to hear your views. Send your letters to:

October I 999

Caroline Nevin, Director of Communications and Public Affairs CBA, BC Branch, lOth Floor, 845 Cambie St., Vancouver, BC V6B 5T3 Fax: (604) 669-9601 Email: cnevin@bccba.org

SECTION TALK

The Law Courts Education Society and The Hon. Justice Iacobucci

The Law Courts Education

Society of BC will host an

event celebrating their I Oth

ann iversary and 20 years of

law courts education in BC

on Tuesday, October 19,

1999. The evening will

feature special guest speaker

The Honourable Mr. Justice

Frank Iacobucci and dinner at

the Renaissance Hotel

Harbourside. Tickets are

$1 00 in advance. Contact the

Society at (604) 660-9870.

5

Hugh C. Stansfield,

Associate Chief Judge,

Provincial Court of BC

6

From the Bench

When I made the shift from lawyer to judge, I found that my perspective changed in various ways. I experienced a renewed interest in jurisprudence. I reflected more than I had in the past about broad issues of the justice system. So the Constitution took on a vitality I'd not recognized previously, the maxim that "justice must be seen to be done" held new meaning, and I found myself worrying about administrative issues like public access to justice.

More recently, I have become increasingly preoccupied with what seems consistently to be adverse public perception of the justice system, and with actual shortcomings in its operation.

Should we worry about perceptions which often are misinformed? I think we must. In a society whose thinking increasingly is dominated by the media sound bite, perception tends to become reality. If the justice system is perceived to be arbitrary, aloof, soft on crime, or whatever, in time that perception will be accepted as fact. The concern, of course, is that the "fact" may engender a legislative or other response which may erode what we understand to be fundamental principles of justice, or at the least work hardship upon classes of persons who presently are served well by the system.

What about "actual shortcomings"? While I have suggested public dialogue often is misinformed, there are grains of truth which warrant our earnest consideration. What barriers are there to public access to justice, whether in cost, complexity, or systemic delay? To what extent do we structure the justice system with the interests of judges and lawyers in mind, rather than those of the "consumers"? Do we maintain practices and use language which foster the perception that we are out of touch with or are disregarding the rest of the community?

This is not to say that we should jump on popular bandwagons, nor accede to the stridency of interest groups . The historic principles of our system include its stubborn adherence to principles, and its insistence that any proposed change be demonstrably justified. But I submit there is a middle ground.

While the judicial branch of government cannot participate substantively in public dialogue which is, by its nature, inherently political, it can through its chief judge or justices, or through "information officers", be more accessible to the public, and more actively educative.

Lawyers are not so constrained constitutionally. I respectfully suggest that the rich tradition within the Bar of applying its advocacy skills in public defence of f principles of justice might be pursued more consistently by a greater number.

As to "fixing" the system, I expect the public would be well served if judges and lawyers alike could bring a greater collective will and creative energy to implementing improvements in our processes which can be achieved without abandoning fundamental principles.

The times demand that we improve our public relations. We must be and be seen to be more accessible, and actively to promote principled evolution in our systems. But as we grapple with these changing times, we will do well to regard the fundamental principles of justice as the corpus of a "trust" of which judges and lawyers are "trustees". Our activism must parallel wise investment of trust assets: we must preserve the corpus­most especially those elements which are least apparent to the "beneficiaries" (the public)-and ensure it is conveyed intact to the next generation, hopefully enhanced, certainly not dissipated. D

Bar Talk Vol. II No.5

David J. Bilinsky

David J. Bilinsky is the

Practice Management Advisor

at the Law Society of British

Columbia. He can be reached

on the Internet at

dbilinsky@lsbc.org.

October 1999

Priorities, Stress and Goals A moment of your time1 please ...

Under pressure . .. It's the terror of knowing What this world is about

Watching some good friends Screaming let me out! ...

This is ourselves under pressure

Words and Music by Queen and David Bowie

ou have just settled into your chair with your morning cup of coffee, intent on completing work on a file that you promised would be done by the end of

today when the phone rings. Then clients drop in and the phone rings some more ... Your secretary then brandishes under your nose a reminder of a lunch appointment. On returning from lunch your partner drops by to discuss some matters on another file and before you know it, it is 5:30p.m. and your spouse is calling: "Did you remember that we had promised to go to .... " Your temples start to throb as you realize that another day has just slipped through your fingers. As a result, you will have to work late tomorrow just to catch up on what you wanted to do today ...

While life is defined as a series of interruptions interrupted by interruptions, there are ways to manage your time and juggle priorities, conflicts, goals, crises and stress. Let us explore some suggestions put forward in this area:

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• Plan. How can things go according to plan if you never had a plan? Here is an exercise: close your door, turn off the • phone and take a few minutes. Imagine you are at the end of your life, looking back over the things that you have accomplished. What were the highs?

The lows? What things should you have spent more time on? Less time? What events made your life special or worthwhile? What things wasted your time? What were the real priorities? Now come back to the present. How many of those important life goals have you accomplished? Next, how can you make them come about? By focusing on these really important goals today, we can take meaningful steps to make them a reality tomorrow.

Daily Goal: Moving to the micro view, at the start of each day, take a few moments and ask yourself: What is my goal for today? Establish one goal at the start that will make your day a success. Then move heaven and earth to get that goal accomplished.

To-Do's. I don't like To-Do lists because they list things to be done without any specific time within which they should be done - resulting in "deadline stretch". Also, realistically, when was the last time that items #5, 6, 7 ... were actually considered, much less done? Here is an alternate method. Take your calendar. Block off specific blocks of time against specific tasks or projects. This does at least two things. One, it forces you to be realistic in terms of how much you can actually get done today. Two, once your time is committed, you are less likely to take on a new task that would otherwise bump a project over to never-never land .

Time. Who owns our time? The answer is, ultimately, we do. Yet, how often do we allow others (clients, committees,

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PRACTICE TALK

Lawyers Assistance Program

Women Lawyers Discussion Group Meets first Wednesday of

every second month

(October) at 5:30 p.m. at the

LAP office, 415 - I 080

Main land Street, Vancouver.

Options For Lawyers Seminar "What do you want to do

with your law degee?" Friday

October 29, Vancouver (see

detai ls on BarT alk back

cover) . This is a rare

opportunity to access the

resources and experience of

San Francisco consultant

Hindi Greenberg, president

of Lawyers in Trans itions.

Hindi is internationally

known for her expertise on

the topics of career

satisfaction and options for

lawyers, and is often tapped

by US med ia for commentary

and analysis related to her

expertise. She is a former

practicing bus iness litigator

(University of California '74)

with experience in both large

and small legal firms and with

a corporation. Hindi has

been a featured speaker at

programs sponsored by

many US bar associations and

law schools , and has assisted

more than I 0,000 lawyers

and students nationwide. If

you have questions about

how to increase your career

satisfaction, don't miss this

event, co-sponsored by LAP

and the CBA BC Branch.

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Practice Talk Continued fram page 7

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partners, etc.) to determine our priorities and our tasks? We all have responsibilities, but which responsibilities we take on and how we fulfill them is up to each of us. Furthermore, as lawyers, our training is to respond to problems. However, the problem-response model is not the most effective one if we are trying to be pro­active. Use the acid test: Is this committee/board/task (insert whatever it is that is threatening to eat up your time) taking me along towards or further away from my goals (which could be financial, personal, career etc)? If closer, fine. If not, get rid of it as quickly, ethically, and gracefully as you can. Psychologists 'call this boundary setting.

Paper. We are awash in it, particularly our desks. Once you pick up a piece of paper (letter, memo, magazine) don't put it back down unless and until you have done something with it that gets it off your desk. Period.

Interruptions. We have them all-­telephone calls, faxes, letters, email, drop-ins. Worst of all, dealing with these interruptions is precisely what we are being paid to do. What can be done? Divide and conquer. Set aside time for uninterrupted work followed by time to deal with the communication onslaught. Make promises to return calls during fixed periods and keep those promises. No one expects you to be available for calls continuously. Establish a "code red" procedure that you are to be interrupted only if certain persons call. Guard your time as you would your money -- it is really one and the same.

Lunch. Most of us try to use the lunch hour to meet with clients or to carry on partnership discussions. Here is an alternate suggestion. Go off for a quick lunch with a completely different crowd and then take a walk. Or just get some

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exercise. Either way, you will clear your mind and do something good for your heart. It will also help relieve stress.

Unpleasant business. All of us have at least one thing that we need to do that we don't want to do. As a result, we procrastinate, delay, engage in busy­work--anything to avoid doing what we need to do. Alternate suggestion: Right after you decide your daily goal (see above), jump on your most unpleasant task. Make a habit to get it out of the way as early on in the day as you can. This way you can break the logjam that may be preventing you from tackling difficult or unpleasant jobs.

Stress. We all have it-- in spades. What to do about it? First, write out all the factors that are causing stress, be it money, career, etc. Then decide which factors you can change, which you cannot and how you can manoeuvre yourself out and away from the latter. Take positive action--even if is only to establish a plan to get out from where you are now. Anything is better than being eaten alive.

Depreciation. I recently went to an antique car museum and remarked how good a certain car looked that was manufactured in my birth year. Our learning and our skills are depreciating ­rapidly! The half-life for knowledge now is shorter than it ever was before. Yet what steps will ensure our relevance and worth--tomorrow? Invest in your own renewal to keep from becoming an antique.

Measure. The economists have it: what gets measured gets done. Track your time--not just on billable matters but on everything. See what you spend time on and what you don't. Becoming aware is the first step in becoming focused.

While the world keeps on turning just a little faster each day, perhaps with the right tools we can wrestle the time monster to the ground and start to take control of our time and our lives (again). G

BarTalk Vol. II No.5

•

Stuart Rennie

Questions about recent

legislation? Call Stuart Rennie

at (604) 460-8464, or emai l:

srennie@bccba.org

This feature is a continuing

part of the Branch Legislation

and Law Reform program.

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 you r 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.

October I 999

ACTS IN FORCE

Education Statutes Amendment Act, 1999, S.B.C. 1999, c. 8 (Bill 69) amends the:

(a) Architects (Landscape) Act, R.S.B.C. 1996, c. 18 in section 1 of Bill69 to revise the objects of the British Columbia Society of Land­scape Architects;

(b) College and Institute Act, R.S.B.C. 1996, c. 52, in sections 2 and 3 of Bill 69 to repeal out -of-date provisions relating to program advisory committees and collective bar­gaining and to repeal the Supplement;

(c) Independent School Act, R.S.B.C. 1996, c. 216, in section 4 of Bill 69 to allow the inspector of independent schools to streamline the process of issuing indepen­dent school teaching certificates;

(d) Institute of Technology Act, R.S.B.C. 1996, c. 225, in section 5, 6 and 7 of Bill69 regard­ing land disposal by BCIT, to update pro­

( gram committee provisions and to repeal the Supplement;

(e) Private Post-Secondary Education Act, R.S.B.C. 1996, c. 375, in section 8 of Bill69 to exempt Canadian public post-second­ary institutions from registering under the Act;

(f) Royal Roads University Act, R.S.B.C. 1996, c. 409, in section 9 of Bill 69 regarding reports that may be required by the Min­ister;

(g) Royal Roads University Act, R.S.B.C. 1996, c. 409, in section 10 of Bill 69 to correct a reference;

(h) School Act, R.S.B.C. 1996, c. 412, in section 14 of Bill 69 to allow school boards to conduct meetings through electronic means; and

(i) Technical University of British Columbia Act, S.B.C. 1997, c. 54, in section 28 of Bill69 to remove an incorrect reference.

sections 1 to 10, 14 and 28 of the Act in force July 19, 1999

Education Statutes Amendment Act (No . 2), 1999, S.B.C. 1999, c. 30 (Bill 87), requires post­secondary institutions and schools to create and manage a unique student identification number and provide personal student and other information to the Minister of Advanced Education, Training and Technology.

in force July 19, 1999

Finance and Corporate Relations Statutes Amendment Act, 1999, S.B.C. 1999, c. 33 (Bill 71), amends the:

(a) Partnership Act, R.S.B.C. 1996, c. 348, in sections 34 to 38 of Bill 71 to permit filing by electronic means of a declaration or written authority with the registrar and to validate an electronic signature when fil­ing a declaration by electronic means;

(b) Society Act, R.S.B.C. 1996, c. 433, in sec­tions 52 to 54 of Bill 71 to: adopt a system of delegate voting by mail, remove the requirement for the registrar to prepare a certificate authenticating a change in the purposes of a society and permit society directors to attend or vote in a meeting by telephone or other communications medi­um;

sections 34 to 38 and 52 to 54 in force August 2, 1999

(c) Corporation Capital Tax Act, R.S.B.C. 1996, c. 73, in section 2 of Bill71 to provide that the appeal to the court is a new hearing;

(d) Financial Institutions Act, R.S.B.C. 1996, c. 73, in Bill 71:

Continued over

9

LEGISLATIVE UPDATE

CLE Books

CLE has the following new

publications available.

CLE's new British Columbia

Court Rules & Forms 1999-

2000 on Disk. This book and

disk package includes all

court forms from both the

Supreme Court and Court of

Appeal, as well as the full

text of the consolidated ru les

from both levels of court.

Annotated Guidelines & Family

Practice 1999-2000, current

to September I , 1999. The

Chi ld Support Guidelines are

featured, with each section

followed by case summaries.

New with this edition are

case annotations to the Child,

Family and Community Service

Act, written by the

Honourable Judge Jane

Auxier. Also included is the

full text of the Ru les of

Court (including the new

Rule 600), the new

Provincial Court (Family)

Rules, updated consolidations

of the Family Relations Act, the

Divorce Act, and over a dozen

other family law statutes,

rules , and regu lations.

10

Legislative Update Continued from page 9

(i) sections 10 and 11 to change the title of the general manager to the execu­tive director;

(ii) section 12 to clarify that the subsec­tion applies to employees of a licens­ee;

(iii) section 13 to provide that an order of the superintendent under the Finan­cial Institutions Act is not automati­cally stayed by the filing of an appeal under the Commercial Appeals Com­mission Act but may be stayed by an order under section 12 (2) (b) of that Act; and

(iv) section 16 to add powers tore- enact by regulation exemptions similar to those in repealed section 90.

(e) Hotel Room TaxAct,R.S.B.C.1996,c . 207,in Bill 71:

(i) section 17 to add a legal right for a seller to sue a purchaser to recover the amount of a penalty imposed on the seller because of uncollected tax· I

(ii) section 18 to clarify the minister's authority to make changes in the interest charges and to change the nature of the assessment; and

(iii) section 19 to provide that the appeal to the court is a new hearing.

(f) Insurance Premium Tax Act, R.S.B.C. 1996, c. 232, in section 20 of Bill 71 to provide that the appeal to the court is a new hear­ing;

(g) Land Title Act, R.S.B.C. 1996, c. 250, in section 22 of Bill 71 to provide that, when land is forfeited to the government and a certificate is filed under section 278 of the Act, a new indefeasible title is to be issued to reflect the ownership by the govern­ment;

(h) Logging Tax Act, R.S.B.C. 1996, c. 277, in section 23 of Bill 71 to provide that the appeal to the court is a new hearing;

(i) Mining Tax Act, R.S.B.C. 1996, c. 295, in section 24 to provide that the appeal to the court is a new hearing;

(j) Motor Fuel Tax Act, R.S.B.C. 1996, c. 317, in Bill 71 in:

(i) section 25 to redefine "tractor";

(ii) section 26 to clarify that fuel brought into British Columbia as described in the section is exempt from tax;

(iii) section 28 to clarify that provision extends to road building machines operated by or for the government in the construction or repair of roads other than highways;

(iv) section 29 to add a legal right for a person, who should have collected tax, to sue the person who should have paid the tax, in order to recover the amount of a penalty imposed;

(v) section 30 to permit the minister to make changes in the interest charges and to change the nature of the as-sessment; and

(vi) section 31 to provide that the appeal to the court is a new hearing.

(k) Mutual Fire Insurance Companies Act, R.S.B.C. 1960, c. 262, in section 32 of Bill71 to repeal restrictions on policies issued by a company incorporated under the Act;

(l) Pacific Coast Fishermen's Mutual Marine Insurance Company Act, 1945, S.B.C. 1945, c. 82, in section 33 of Bill 71 to repeal restrictions on policies issued by the com-pany incorporated under the Act;

(m) Property Transfer Tax Act, R.S.B.C. 1996, c. 378, in section 39 of Bill71 to provide that the appeal to the court is a new hearing;

(n) Purchasing Commission Act, R.S.B.C. 1996, c. 392, in sections 40 to 45 of Bill 71 to

Bar Talk Vol. I I No. 5

•

t

permit the commission to acquire services on behalf of ministries and government institutions;

(o) Real Estate Act, R.S.B.C. 1996, c. 397, in section 47 of Bill 71 to provide an excep­tion to allow for interest on money held by a real estate agent to be paid to a tenant under the Residential Tenancy Act;

(p) Social Service Tax Act, R.S.B.C. 1996, c. 431, in Bill 71:

(i) section 48 to ensure that fuel exempt­ed under the Motor Fuel Tax Act is not captured under the Social Service Tax Act;

(ii) section 49 to add a legal right for a seller or lessor to sue a purchaser or lessee to recover the amount of a penalty imposed on the seller or les­sor because of uncollected tax;

(iii) section 50 to permit the minister to make changes in the interest charges and to change the nature of the as­sessment; and

(iv) section 51 to provide that the appeal to the court is a new hearing.

(q) Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448, in Bill 71:

(i) section 55 to allow a farmer with a seasonal crop to apply by electronic means to obtain an extension of time to pay taxes on the land;

(ii) section 56 to allow for the payment of taxes at the office of the local col­lector of taxes or at approved banks, credit unions and trust companies; and

(iii) sections 57 and 58 to permit the Sur­veyor of Taxes, not the minister, to exercise the power to order that prop­erty be returned to a person who forfeited it.

(r) Tobacco Tax Act, R.S.B.C. 1996, c. 452, in Bill 71:

October 1999

LEGISLATIVE UPDATE

(i) section 59 to add a legal right for a seller to sue a purchaser to recover the amount of a penalty imposed on the seller under section 22 (5) be­cause of uncollected tax;

(ii) section 60 to add a legal right for the minister to make changes in the in­terest charges and to the nature of the assessment;

(iii) section 61 to provide that the appeal to the court is a new hearing; and

(iv) section 62 to provide, for certificates of forfeiture or vesting filed under section 278 of the Land Title Act, be­fore the coming into force of the amendments to that section as enact­ed by this Act, the filing and en­dorsement of the certificate contin­ues to have effect as it did when filed.

sections 2, 10 to 13, 16 to 20, 22 to 26, 28 to 33, 39 to 45, 47 to 51 and 55 to 62 in force

July 29, 1999

Health Statutes Amendment Act, 1999, S.B.C. 1999, c. 12 (Bill 76) amends the:

(a) Interpretation Act, R.S.B.C. 1996, c. 238, in section 10 of Bill 76 to replace each refer­ence in the Mental Health Act to "mentally disordered person" with a reference to "person with a mental disorder";

(b) Mental Health Amendment Act, 1998, S.B.C. 1998, c. 35, in section 14 ofBill76 to correct an error that arose in the definition of "patient" in the Mental Health Act; and

(c) Patients Property Act, R.S.B.C. 1996, c. 349, in Bill76:

(i) section 17, in the definition of "pa­tient", to strike out "as defined in the Mental Health Act or by the officer in charge of a psychiatric unit as defined in that Act," and to replace "or psychiatric unit as defined in the Mental Health Act,"; and

(ii) section 18 to strike out "as defined in

Continued over

Pro Bono Legal Services

Volunteers are needed to

assist in connection with pro

bono legal services provided

by various programs in the

province of British Columbia.

The Canadian Bar

Association, BC Branch is

working with various groups

to assist the community by

making lawyers available to

provide pro bono legal

services where appropriate. If

you are interested in assisting

the community by providing

pro bono legal services,

please contact Carman

Overholt by telephone at

(604) 631-1203 or by e-mail

at coverholt@ds-b.com.

II

LEGISLATIVE UPDATE

CLE Programs

Upcoming CLE programs

include:

Estate Planning for Aging

Clients, October 18,

Vancouver;

• Discussions on Due

Diligence, October 21,

Vancouver;

12

Privilege: Solicitor Client and

Legal Professional, October

22, Vancouver;

Persona/Injury Primer,

October 28, Vancouver;

Desk Order Divorces,

November I 0;

Fundamentals of Mediation:

Personal Injury /Negligence,

November I 5 and 16;

Human Rights: Disability

Issues, November 19;

Administrative Law Update

'99, November 25;

Advising the Entrepreneur,

November 26;

Beyond Advanced Civil

Mediation, February 9 - I I,

2000; and

Power in Mediation,

February 7-9, 2000.

Legislative Update Continued from page I I

the Mental Health Act or by the offic­er in charge of a psychiatric unit as defined in that Act," and to replace "or psychiatric unit as defined in the Mental Health Act," and correct page number references.

sections 10, 14, 17 and 18 in force November 15, 1999

Labour Statutes Amendment Act, 1999, S.B.C. 1999, c. 13 (Bill 65) amends the:

(a) Barbers Act, R.S.B.C. 1996, c. 24, in section 1 ofBill65 to make a consequential amend­ment regarding hairdressers;

(b) Hairdressers Act, R.S.B.C. 1996, c. 178, in sections 9 to 23 of Bill 65 to provide cer­tainty that hairdressers may cut hair as a primary function of their trade and to permit the board to make appointments, elections and bylaws regarding fees and expenses;

(c) Municipal Act, R.S.B.C. 1996, c. 323, in sections 25 and 26 of Bill 65 to make a consequential amendment regarding hair­dressers;

(d) Vancouver Charter, S.B.C. 1953, c. 55, in section 29 of Bill 65 to make a consequen­tial amendment regarding the substitu­tion of "cosmetologist" for "hairdresser";

sections 1, 9 to 23, 25, 26 and 29 in force Au­gust 4, 1999

(e) Employment Standards Act, R.S.B.C. 1996, c. 113, in sections 2 to 8 ofBill65 regarding talent agencies, including to allow the di­rector of employment standards to recov­er wages from a talent agency if the talent agency does not pay those wages to the actor; and

(f) Skills Development and Fair Wage, R.S.B.C. 1996, c. 427, in section 27 ofBill65 to repeal section 6 of the Act which removes the requirement to provide statutory declara-

tions to the tendering agency to ensure duties under the Act had been complied with on a fair-wage project and section 28 is consequential to the repeal of section 6 of the Act.

sections 2 to 8, 27 and 28 in force Ju ly 19, 1999

Mental Health Amendment Act, 1998, S.B.C. 1998, c. 35 (Bill 22) amends the Mental Health Act, R.S.B.C. 1996, c. 288 including to:

(a) extend civil liability protection for mental health professionals;

(b) permit voluntary committal by a person to observation units and clarify age referenc­es;

(c) permit involuntary committal beyond 72 hours of a person where two physicians are of the opinion and certify that involun­tary committal is necessary to prevent the person's substantial mental or physical deterioration;

(d) provide that a director or physician, when determining if the criteria for involuntary admission and continued detention should be renewed, must include consideration of the patient's history of mental disorder and whether, if discharged, the patient is likely to follow a treatment plan designed to minimize the need for re-admission;

(e) require that a review panel must consider the matters noted above in (d);

(f) deem consent to treatment for a person involuntarily detained in a designated fa­cility under the Act;

(g) allow an involuntarily admitted patient the right to request a second medical opin­ion on the authorized treatment; and

(h) make greater provision for relatives of a patient to be advised of admissions, de­tentions, reviews and releases made un­der the Act respecting the patient.

Consequential amendments are made to the Supplement to the Mental Health Act.

Bar Talk Vol. II No.5

(

(

in force November 15, 1999

Miscellaneous Statutes Amendment Act, 1999, S.B.C. 1999, c. 15 (Bill62), amends in sections 8 to 11 of Bill62, the Human Resource Facility Act, R.S.B.C. 1996, c. 209, to permit the government to restrict the use of a human resource facility to the purposes set out in section 1 of the Act regarding grants and other financial assistance, if the government provides assistance for the purposes of the Act.

LEGISLATIVE UPDATE

the Pension Statutes Amendment Act, 1997.

(b) Pension Statutes Amendment Act, 1997, S.B.C. 1997, c. 35, in section 28 to make a consequential amendment.

sections 26, 27 and 28 in force October 1, 1999

Miscellaneous Statutes Amendment Act (No _ 3), 1999, S.B.C. 1999 c. 39 (Bill 97) amends the:

Mental Health and the Law

The Law and the Media

sections 8 to 11 in force September 3, 1999 (a) Human Rights Code, R.S.B.C. 1996, c. 210, in Workshop on Mental Health

Miscellaneous Statutes Amendment Act (No. 2), 1997, S.B.C. 1997 c. 28 (Bill42) amends the:

(a) Court Rules Act, R.S.B.C. 1996, c. 80, in section 3 of Bill42 to permit rules of court to be made respecting remote appearanc­es before the courts and the use of records in electronic and other format in the courts; and

(b) Offence Act, R.S.B.C. 1996, c. 338, in Bill42:

(i) section 13 to authorize the use of electronic documents in proceedings under the Act;

(ii) section 14 to permit the court to rec­ognize service by electronic or other means; and

(iii) section 16 to add the authority to make regulations defining expres­sions used in section 10.1 of the Of­fence Act as proposed in section 13 of Bill42.

sections 3, 13,14, and 16 in force July 19, 1999

Miscellaneous Statutes Amendment Act (No. 3), 1998, S.B.C. 1998, c. 37 (Bill 50) amends the:

(a) Pension (Public Service) Act, R.S.B.C. 1996, c. 356 in Bill 50:

(i) section 26 to re-enact the provision in order to refer to leave of absence provisions to be dealt with by regu­lation; and

(ii) section 27 to re-enact an amendment made to the section by section 47 of

October I 999

Bill 97: and the Law has been

postponed to November 13 ,

(i) section 24 to make a consequential 1999 to accommodate

amendment regarding section refer- speakers' schedules. Co-

ences; sponsored by the BC Branch

and the Law Society, this

(ii) section 25 to permit the appointment year's event is also endorsed

of a temporary substitute member if by the Jack Webster

a member is absent or incapacitated; Foundation which has a

(iii) section 26, for streamlining purpos­es, to remove the requirement for a designated member or panel to hear a complaint to allow any member or panel to hear a complaint;

(iv) section 27 to add powers for the tri­bunal to make rules and orders to facilitate just and timely resolution of complaints, including assistance to make a settlement;

(v) section 28 to delete the phrase "des­ignated to hear a complaint";

(vi) section 29 to permit a dismissal of a complaint if a party fails to diligently pursue the complaint; and

(vii) section 30 to make a minor correction to the reference "organization or cor­poration".

sections 24 to 30 in force September 30, 1999

(b) Motor Vehicle Act, R.S.B.C. 1996, c. 318, in Bill97:

(i) sections 46 and 47 to re-enact provi­sions to refer to service by registered mail or certified mail; and

Continued over

mandate to "enhance the

quality of journalism in

British Columbia through the

recognition of outstanding

achievement in the field ."

The Law and the Media

Workshop is an annual event

designed to promote

accurate reporting of legal

issues, and to support better

understanding among the

media, lawyers and the

judiciary. This event is free

to all accred ited media who

register in advance. Contact

Caroline Nevin , Director of

Communications and Public

Affairs at the Branch Office

at (604) 687-3404 or toll

free 1-888-687-3404, or

email: cnevin@bccba.org.

13

LEGISLATIVE UPDATE

Human Rights, My Rights

The British Columbia Human

Rights Commission, the

Canadian Human Rights

Commission, and the Legal

Services Society, Native

Programs, officially launched

the Human Rights, My Rights

video, as part of an outreach

initiative to ensure that all

aboriginal people in BC are

aware of their rights under

the Canadian Human Rights

Act and the British Columbia

Human Rights Code. If this

video could be of use to

your firm, copies are

available for $1 5. Fax your

request to the Legal Services

Society Distribution Centre

at (604) 682-0965. If you

would like more information

on the video, contact Kent

Patenaude, Manager, Native

Programs at (604) 601-6039.

14

Legislative Update Continued from page 13

(ii) section 49 to make the opening words in section 234 of the Act parallel to similar provisions in the Act and to refer to service by registered or certi­fied mail.

sections 46, 47 and 49 in force September 3, 1999

(c) Tobacco Sales Act, R.S.B.C. 1996, c. 451, in Bill97:

(i) section 66 to require the publication of the names of suspended tobacco retailers, correct a term and clarify the duties of the administrator on receipt of a notice under the Act; and

(ii) section 67 to make a consequential amendment to the Act.

sections 66 and 67 in force August 1, 1999

(d) Tobacco Damages and Health Care Costs Re­covery Act, S.B.C. 1997, c. 41, in Bill 97:

(i) section 61 to repeal sections of the Act that became redundant with the enactment of the Tobacco Damages Recovery Amendment Act, 1998; and

(ii) sections 62 to 65 to make a conse­quential amendment to section 61 of Bill97.

sections 61 to 65 in force July 19, 1999

Pension Statutes Amendment Act, 1997, S.B.C. 1997, c. 35 (Bill18) amends in:

(a) section 1(a) (of the Pension (College) Act, R.S.B.C. 1996, c. 353), section 14(a) (of the Pension (Municipal) Act, R.S.B.C. 1996, c. 355), in section 27 (of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356) and sec­tion 48 (of the Pension (Teachers) Act, R.S.B.C. 1996, c. 357) insofar as they repeal the definitions of "reciprocal employer" to be consequential to Income Tax Act (Canada) requirements;

(b) sections 4(b),5,9 to 13 ofBill18 the Pension (College) Act to make consequential amend-ments regarding "reciprocal employer"; (

I

(c) sections 16, 20, 22 to 26 of Bill 18 the Pension (Municipal) Act, to be consequen-tial to Income Tax Act(Canada) require-ments;

(d) sections 29, 33, 41, 46 of Bill 18 Pension (Public Service) Act, to be consequential to Income Tax Act(Canada) requirements;

(e) sections 50, 54, 58 to 62 of the Pension (Teachers) Act to be consequential to In-come Tax Act(Canada) requirements;

sections 1 (a), 14 (a), 27 and 48 insofar as they repeal the definition of "reciprocal em-ployer" in section 1 (1) of the Pension (Col-lege), Pension (Municipal), Pension (Public

Service) and Pension (Teachers) Acts, respec-tively, and sections 4 (b), 5, 9 to 13, 16, 20, 22

to 26, 29, 33, 41, 46, 50, 54 and 58 to 62, in force October 1, 1999

(f) Pension (College) Act, R.S.B.C. 1996, c. 353, ( in section 7 of Bill18 to be consequential to Income Tax Act (Canada) requirements re-garding temporary life annuities;

(g) Pension (Municipal) Act, R.S.B.C. 1996, c. 355, in section 21 of Bill 18 to be conse-quential to Income Tax Act (Canada) re-quirements regarding temporary life an-nuities;

(h) Pension (Public Service) Act, R.S.B.C. 1996, c. 356, in section 34 of Bill18 to be conse-quential to Income Tax Act (Canada) re-quirements regarding temporary life an-nuities; and

(i) Pension (Teachers) Act, R.S.B.C. 1996, c. 357, in section 55 of Bill 18 to be conse-quential to Income Tax Act (Canada) re-quirements regarding temporary life an-nuities.

sections 7, 21, 34 and 55 (a) in force Septem-ber 3, 1999 (

Pension Statutes Amendment Act, 1998, S.B.C. 1998, c. 13 (Bill 13) makes similar changes to pension boards in the:

BarTalk Vol. I I No. 5

(a) Pension (College) Act, R.S.B.C. 1996, c. 353, in section 3 of Bill13 regarding provisions

( (, affecting the College Pension Advisory Board;

(b) Pension (Municipal) Act, R.S.B.C. 1996, c. 355, in section 6 of Bill13 regarding provi­sions affecting the Municipal Pension Board;

(c) Pension (Public Service) Act, R.S.B.C. 1996, c. 356, in section 10 of Bill 13 regarding provisions affecting the Public Service Pension Advisory Board; and

(d) Pension (Teachers) Act, R.S.B.C. 1996, c. 357, in section 16 of Bill13 regarding pro­visions affecting the Teachers' Pension Board.

sections 3, 6, 10 and 16 in force August 3, 1999

Pension Statutes Amendment Act, 1999, S.B.C. 1999, c. 42 (Bill89) amends the;

(a) Pension (College) Act, R.S.B.C. 1996, c. 353 in Bill89:

( i) section 4 to be a consequential amend­ment to the amendment in section 14 of Bill89; and

(ii) section 14 to change the pre-retire­ment death benefits by making uni­form the benefit payable in the event of the member's death regardless of the member's marital status.

(b) Pension (Public Service) Act, R:S.B.C. 1996, c. 356 in Bill 89:

(i) section 22(b) to add a new definition of "totally and permanently dis­abled";

(ii) section 25(c ) to be a consequential amendment to the amendment in section 22(b) of Bill89;

(iii) section25( d) to provide for increased pension on total and permanent dis­ability in accordance with Income Tax Act (Canada) rules;

October I 999

LEGISLATIVE UPDATE

(iv) sections 28 and 30 are consequential to the amendment in section 29 of Bill 89; and

(v) section 29 to change the survivor pen­sion benefit under the plan by mak­ing uniform the benefit payable in the event of the member's death re­gardless of the member's marital sta­tus.

sections 4, 14, 22 (b), 25 (c) and (d) and 28 to 30 effective October 1, 1999

(c) Pension (Municipal) Act, R.S.B.C. 1996, c. 355 in Bill 89:

(i) sections 17, 18, 19(d) and 20 to make consequential amendments to the amendment in section 21 of Bill 89; and

(ii) section 21 to change the pre-retire­ment death benefits by making uni­form the benefit payable in the event of the member's death.

sections 17, 18, 19 (d), 20 and 21 effective No­vember 1, 1999

(d) Pension (Teachers) Act, R.S.B.C. 1996, c. 357 in section 37 of Bill 89 to eliminate the current marital status bias in the pre-re­tirement death benefit.

section 37 effective December 1, 1999

Residential Tenancy Amendment Act, 1999, S.B.C.1999, c. 45 (Bill75), amends the Residential Tenancy Act, R.S.B.C. 1996, c. 406 in:

(a) sections 1 to 4 and 7 to 10 of Bill 75 to expand the legal authority for the director to manage arbitrators and the arbitration process, including permitting the director to take on the role of a tribunal chair or to delegate powers;

(b) section 11 and 13 of Bill 75 to expand the arbitrators' powers to correct errors or omissions in the decision or order instead of applying to the arbitration review panel or for judicial review to have some errors

Continued over

What Can Be Done About Hate on the Internet?

The Canadian Jewish

Congress, Pacific Region will

be leading the development

of an options paper and

recommendations for

provincial and federal

legislative and/or industry

regulatory initiatives to deal

with the publication and

transmission of hate material

on the Internet. The project

is expected to begin

October, 1999 with

completion scheduled for

March 2000. Any lawyer

interested in being

considered for this contract

project should contact Erwin

Nest, Canadian Jewish

Congress, Pacific Region at

(604) 257-510 I.

IS

LEGISLATIVE UPDATE

The Salvation Army Wants You

The Salvation Army Lawyer

Consultant Program has a

number of vacant positions

on its Board, which meets

approximately every six

weeks. Any experienced

lawyers with a commitment

to the provision of pro bono

services are invited to send

letters of interest to Carman

Overholt at coverholt@ds­

b.com or by fax to (604)

669-1337.

16

Legislative Update Continued from poge 15

or omissions dealt with;

(c) section 12 to re-enact provisions respect­ing time within which an arbitrator must give a decision and the filing of docu­ments for enforcement in the Provincial Court;

(d) section 14 of Bill 75 to impose a maximum of one review hearing to be held, in place of up to three hearings, permit a party to apply for review of an arbitrator's deci­sion to the director of the residential ten­ancy and to limit the grounds for review to those appropriate to be reconsidered or reviewed by the same arbitrator, permit the remaining three grounds of review currently heard by the arbitration review panel (exceeding legal authority, bias and inadequate opportunity to be heard) to be reviewed by the courts under the Judicial Review Procedures Act;

(e) section 15 of Bill 75 to change the time limits from 30 days to 60 days;

(f) section 16 to make a minor change in updating a reference;

(g) sections 17 and 18 to require personal service or service by registered mail of an application for arbitration, a decision to review an arbitration order or decision, or a director's order for the return of a secu­rity deposit (all other documents may now be served by mail, posting or fax);

(h) section 19 to parallel amendments made to the Act in 1994 which raised fines from $2,000 to $5,000;

(i) section 20 to permit regulations for the review of arbitrations and to clarify that the regulation making power applies only to rental pads, not to the rental of a home and pad under the same tenancy agree­ment;

(j) section 22 to repeal obsolete amendments in the Supplement to the Act;

(k) section23 to make a consequential amend­ment to the Attorney General Statutes Amendment Act, 1998, S.B.C. 1998, c. 23; ( and

(1) sections 24 and 25 provide for transitional provisions.

A corresponding consequential amendment is made to the Attorney General Statutes Amend­ment Act, 1998, S.B.C. 1998, c. 23 (Bill19) to the part of section 8 which enacts the new section 54(5) (f) of the Residential Tenancy Act. *Not yet in force to come into force by regulation are: sections 5 and 6 and 21 which amend to the Act regarding the streamlined prescribed statement to justify a proposed rent increase and section 26 which provides a power to make regulations for transition respecting applications for rent increase.

sections 1 to 4, 7 to 20 and 22 to 25, in force September 1, 1999

REGULATIONS TO NOTE

Mental Health Amendment Act, 1998, amends ( B.C. Reg. 155/97, regarding review panel hear­ings, second medical opinions, release on leave and recall, court application for examination and provides 21 forms.

B.C. Reg. 233/99 effective November 15, 1999

REPORTS AVAILABLE

British Columbia Law Institute (BCLI) Annu­al Report: A Report on Year Two (August 1999). The Annual Report details the growth of the BCLI in its second year, from its law reform projects, fundraising to program development activities. Source- BCLI. Copies are available at www.bcli.org.

Discussion Paper on the Implementation of Mandatory Warranty and Certification for Building Envelope Repairs. Public consulta­tion to be completed by October 1, 1999 with recommendations to follow (August 1999). Source - The Homeowner Protection Office. Paper available at www.hpo.bc.ca.

Report on the Enforcement of Non-money Judgments from Outside the Province. In-

BarTalk Vol. II No. 5

((

~(

eludes recommendations for changes to The Enforcement of Canadian Judgments Act. (August 1999). Source- British Columbia Law Institute. Copies are available at www.bcli.org.

Uniform Law Conference of Canada. Materi­als from the 1999 Annual Conference regard­ing data protection, creditor access to future

income security plans, unclaimed intangible property, limited liability partnerships, com­mercial law, transfers of investment securities (tiered holding system), federal security inter­ests, and corporate criminal liability (August 1999). Source - Uniform Law Conference of Canada. Copies available from Stuart Rennie, Legislation and Law Reform Officer. t

Executive Committee 1999/2000 BarTalk thanks the members of the 1999/ 2000 Executive Committee for providing the following biographies.

D. MAYLAND MCKIMM, PRESIDENT

Mayland was born in Calgary in 1957 and graduated from the University of Toronto in 1979 with an Honours Bachelor of Arts degree. In 1983, he graduated from the Northwestern College of Law at Lewis & Clark College in Oregon, with a Juris Doctor degree. He was called to the Oregon State Bar in 1983, and then to the BC Bar in 1984.

Back Row (L-R): Margaret Sasges (Officer), Kenneth Armstrong (Officer), Carman J. Overholt (Officer), Heather Holmes

(Officer), David A. Paul (Officer)

Mayland served as Chair of the Young Lawyers Section from 1986 to 1988 and

Front Row (L-R): Doug F Robinson, QC (Past President), D. Mayland McKimm (President), Margaret Ostrowski (Vice

President Elect), Ken Sarnecki (Secretary-Treasurer)

as Chair of the Criminal (Victoria) Section from 1988 to 1990. He has served as a member of the BC Branch Provincial Council from 1992 until the present and was elected to the Executive Committee in 1997. From 1996 to the present he has also served as representative to the Policy and Planning Council for the Legal Services Society. Mayland is a past Chair of the Legal Aid Committee and a member of the Government Relations Committee and Lawyers Assistance Program. He served in the past on the National Task Force on Para Legals, and most recently on the National Task Force on Fee Increases. Mayland is our current representative to the Board of Directors of the National CBA.

Mayland operates his own firm, Mayland McKimm & Associates, in Victoria.

October 1999

DOUG F. ROBINSON, QC, PAST PRESIDENT

Doug was born in Vancouver and graduated from UBC with a Bachelor of Commerce degree in 1971 and a Bachelor of Laws degree in 1972. He was called to the BC Bar in 1973.

He served as an executive of the Vancouver Bar Association from 1980 to 1982 and was elected to two terms as member for Vancouver County of the BC Branch Provincial Council from 1992 to 1996. He was first elected to the Branch Executive Committee in 1992 and again in 1994, serving until 1995. In 1996, he was elected Secretary /Treasurer of the BC Branch. He has served as Chair of the Branch Legal Aid Subcommittee, BC Chair of Government Relations, Chair of the BC Membership Committee and the National Membership Committee.

Continued over

17

18

Executive Committee 1999/2000 Continued from page I 7

Doug also served as a member of the task force on Court Delays (National), on the Dickson National Task Force on Judicial Delays and was Chair of the BC Branch Working Group with respect to the Systems of Civil Justice Task Force. Doug served nationally as a member of the Implementation Committee on the Civil Justice Task Force. He is the Chair of the Board of the Canadian Forum on Civil Justice.

He serves as a director on the boards of several private companies and is a past director of Foundation Inc. (the funding arm of the Vancouver-Richmond Association for Mentally Handicapped People). He is also active in a variety of community groups, clubs and associations.

From 1979 to the present, Doug has served as a Litigation Partner with the Vancouver firm of Lawson Lundell Lawson & Mcintosh . He is also a director of the BC Law Institute and serves on the committee for the Coalition for Access to Justice.

MARGARET OSTROWSKI, VICE PRESIDENT

Margaret graduated from the University of Toronto with an Honours B.Sc. in 1971, from the University of Western Ontario with an M.A. in 1973, and from UBC with a LL.B. in 1979. She has been very involved and committed to the CBA for a number of years. She began her active involvement by serving on the executive of the General Practitioners' Section years ago and was elected as a Vancouver County Representative to the CBA in 1995. She was elected to the Executive Committee in 1996 as Member-at-Large and has served on the Executive diligently ever since. She has chaired numerous committees, boards and task groups over the years including the Planning and Priorities Committee, Unclaimed Intangible Property Committee, Co-Chaired the first and very successful President's Forum on Solicitor's Issues, BarTalk Editorial Board, Solicitors' Issues Committee, and our Awards and Recognition Committee. She has been the

Executive Liaison for our Title Insurance Committee and is presently the liaison for the Real Estate Practice Committee and the Equality Committee. As our CBA representative on the Law Courts Education Society, she is now its Vice-President and Secretary-Treasurer and also the Chair of the lOth Anniversary Fundraising Celebration Committee. She has brought many new ideas to our organization.

She has been a guest lecturer at People's Law School, PLTC, CLE, and the Wills and Trusts Section, and has authored many articles. She has also been active in community and public service activities and local politics. She was the lay appointee on the Board of the Association of Professional Engineers and Geoscientists and the Chair of the Dental Technicians and Denturists Board. She is a past member of the legal committee of LEAF and the Point Grey Mini School Consultative Committee Executive. She has two teenaged sons, one of whom is a ranked Canadian athlete and an undergraduate at Harvard University.

Margaret was called to the Bar in 1980 and was one of the organizers of their recent class reunion. She is a sole practitioner in the wills and estates area of law and has acted on many occasions as a Custodian appointed under the Legal Profession Act.

KEN SARNECKI, SECRETARY-TREASURER

Ken has spent his entire professional life serving the law-in several different capacities. From 1970 to 1979, he was a member of the Royal Canadian Mounted Police. He was awarded a Commanding Officers commendation for outstanding investigative ability in a particular homicide investigation. While attending law school, in the summers of 1980 to 1982, Ken worked as an immigration officer in Windsor, Ontario. In 1982, he graduated from the Faculty of Law at the University of Windsor and articled with the firm of Salloum Doak in Kelowna where he is now one of 11 partners practising criminal and civil litigation.

He served on the Canada Pension Plan Appeals Committee as Chairperson from 1992 to 1997. He is a standing agent for the Attorney General of Canada for Federal prosecutions in

Bar Talk Vol. II No. 5

•

( f

(f

I I((

the Kelowna and district area.

Ken has served on the Executive of the Kelowna Bar Association as Vice-President and President from 1987 to 1990. He was the lawyer representative of the New Kelowna Courthouse Committee.

This is Ken's third term on the Executive Committee. This is his third year as Chairperson of the Government Relations Committee and member of the Membership Committee. He also chaired the Provincial Court Judges Salaries and Pension Committee. Ken also participates in various community organizations.

KENNETH ARMSTRONG, OFFICER

Kenneth Armstrong attended law school at the University of British Columbia. He articled with Roberts and Griffin in downtown Vancouver, and was called to the bar in 1996. He then joined Stone and Alexander in Burnaby, practising family law and wrongful dismissal litigation. In October, 1997 he joined Michael R. Hoogbruin, practising plaintiff's personal injury litigation and wrongful dismissal litigation, and joined Kane, Shannon and Weiler in August, 1999, where he currently practises ICBC defence litigation and wrongful dismissal litigation.

Ken has been active in the community since his undergraduate days at UBC, where he was active in the Arts Undergraduate Society and Alma Mater Society. At law school, Ken was an editor and Treasurer of the Alberta Law Review, and served on the Law Faculty Council. In December, 1997 Ken was a founding co-chair of the Young Lawyers (Westminster County) Subsection, a post he held in June, 1999. He is currently the co-chair of the Young Lawyers Subsection, which is based in Vancouver, BC. Ken also sits on the Legal Aid Committee, and was a member of the Council Reform Task Force.

HEATHER HOLMES, OFFICER

Heather was born in England in 1954. She moved with her family to the Vancouver area (actually Surrey) at the age of 12. She received an Honours B.A. in 1975 from UBC and an M.A. and LL.B from the University of Toronto

October 1999

in 1976 and 1979 respectively. She was called to the British Columbia Bar in 1981 after clerking for the Court of Appeal and articling with Shrum, Liddle and Hebenton. She has spent most of her career with the BC Crown Counsel office - punctuated by four years as counsel with the Department of Justice's Criminal Law Policy Section in Ottawa - and is currently Administrative Crown Counsel with the Securities Fraud Office in Vancouver.

This is Heather's debut with the Executive Committee, following in the year after her election to Provincial Council in 1998. She was a member of the Legislation and Law Reform Committee for two years beginning in 1997, and is Chair of that committee for the upcoming year. She served on the program committee and was a session chair for the 1999 President's Forum. Previous (pre-Ottawa) CBA involvement includes serving as Chair, Vice-Chair, and Secretary (in reverse sequence) of the Criminal Justice Section, Vancouver, as member of the Judicial Council Advisory Committee for the Provincial Court, and the National Task Force on the Criminal Code. She has contributed extensively to CLE, including as co-ordinator of the 1997 course on Commercial crime, and as co-author of chapters on criminal law and procedure in the 1998 and 1999 Annual Review. She has been guest lecturer for CLE, PLTC, and the Canadian Institute of Chartered Accountants and is an almost annual volunteer for Law Day.

Heather has long been a dedicated and well­behaved soccer mum of her teenaged daughter and son. She also wishes it to be known that only a short year ago she managed to ride with her family in a self-powered bicycle-camping trip from Amsterdam to Vienna.

CARMAN J. OVERHOLT, OFFICER

Carman was born in London, Ontario in 1958. He received an Honours Bachelor of Arts degree in History in 1981 from the University of Western Ontario. In 1984, Carman received a Bachelor of Laws degree from Queen's University. He was called to the British Columbia Bar in 1986 after articling with Russell & DuMoulin.

Continued over

Chief justice Lamer to Speak at Alumni Breakfast

The UBC Law Alumni

Association is pleased to

announce that their next

distinguished speaker will be

Chief Justice Lamer of the

Supreme Court of Canada.

"Reflections on the Charter

of Rights" will be Chief

Justice Lamer's topic. "This

should be a very interesting

and exciting breakfast and

also an opportunity for the

Bench and Bar of British

Columbia to pay tribute to a

very eminent jurist," says

Peter W . Brown, President

of the UBC Law Alumni

Association.

The breakfast will take place

on November 25, 1999 at

7:30 a.m. in the Hotel

Vancouver. Tickets are $38

in advance. Please send a

cheque to Peter Brown at

2081 West 37th Avenue,

Vancouver, BC, V6M I N7.

For more information, please

contact Peter Brown at

(604) 26 1-0300.

19

joining Forces for Equality

The Equali ty Committee of

the CBA BC Branch, the

Equity and Diversity

Committee of the Law

Society of BC and the

Provincial Court Judges

Equality Committee held

their first joint meeting on

September 18, 1999 to share

what each has accomplished

to date, and to explore ways

to work together on equality

issues. Other participants

included the President of the

CBA, BC Branch and the

Executive Director of the

Law Society of BC, and

representatives from the law

schools at Un iversity of

Victoria and UBC, the

Supreme Court of BC, the

Department of Justice, the

Ministry of the Attorney

General, the Professional

Legal Training Course, the

Continuing Legal Education

Society of BC, the Law

Foundation of BC, and the

Legal Services Society.

Future co-operative ventures

are expected to result from

this meeting, and further

updates to members will be

provided by the Branch

Equal ity Committee.

20

Executive Committee 1999/2000 Continued from page /9

Carman is a Past President of The Advocates Club. He is also a past Director of the Law Courts Inn and a past member of the Executive of the Vancouver Bar Association. Carman has been involved in the activities of the CBA throughout his time at the bar, including service as a member of the organizing committee for the 1989 annual conference in Vancouver and the 1996 Joint CBA Commonwealth Law Conference in Vancouver. More recently, Carman organized the President's Forum on 'The Business of Law'. He is also the Co-Chair of the Task Force on Multi-Disciplinary Partnerships. A frequent lecturer for the Continuing Legal Education Society, in recent years Carman has organized and chaired the annual Employment Law CLE.

Carman is a litigation partner with the Vancouver firm of Douglas Symes & Brissenden where he has practised since 1989.

DAVID A. PAUL, OFFICER

David graduated from the University of Victoria's Law School in 1986. Since being called to the Bar in 1987, David has spent his professional career in Kamloops, where he was born and raised. His practice areas include Criminal Law, Family law, and Personal injury. He worked with Jensen Mitchell & Company in Kamloops from 1986 to 1992, and with Paul and O'Fee from 1992 to 1997. In 1997 he established the law firm of Paul & Company where he now practises with his sister, Lorianna Bennett.

Prior to his election to Provincial Council David was actively involved in the professio~ at the local level. He served the Kamloops Bar Association from 1990- 1994 where he filled various executive roles until his presidency in 1993-94. As well, David participated on the Law Day Committee and he sat on the Advisory Committe for the University College of the Cariboo. Locally, David's interest also included his participation with the Knights of Columbus and the Sacred Heart Catherdral -he is a former chair of their Parish Council.

David was first elected to Provincial Council in 1995 and he is currently serving his second three year term on Provincial Council. David is an enthusiastic supporter of Sections; he belongs to two in Kamloops and is serving his second year as the B.C. Branch's Section Coordinator. Additionally, David participates in the Communications Committee and he chairs both the Section Task Force and the Bar Talk Editorial Board. This is also David's second term on the Executive Committee.

MARGARET SASGES, OFFICER

Margaret graduated from the University of Victoria Law School in 1989 and was called to the BC bar in 1990. She is a solicitor and a partner in the firm of Berge, Sasges & Co. in Victoria, and has focussed her practice on the areas of wills and estates and elder law.

Margaret's involvement in the CBA began when she was an articled student and was elected chair of the Victoria Young Lawyers Section. She ultimately became chair of the national Young Lawyers Conference and at the national level, she also served on the CBA Finance & Planning Directorate, Executive Committee, Nominating Committee, Law Practice Management Task Force and was a member of the CBA Executive Director Hiring Committee. As chair of the YLC, she spearheaded the Future of the Legal Profession initiative, and was instrumental in producing publications and resources that are of use to young lawyers across Canada.

Meanwhile, back in BC, she served on the organizing committees for the CBA Annual Meeting (Vancouver '96) and the CBA Mid­Winter (Victoria '98). She is currently a member of the CBA(BC) Planning & Priorities Committee, Solicitors' Issues Committee and was chair of the recent Provincial Council Reform Task Force. Margaret has also served on the Board of Directors of the Continuing Legal Education Society since 1995 and is now serving as chair of the CLE Society for 1999 j 2000. Beyond the legal front, Margaret is currently serving her third year as President of the Craigdarroch Castle Historical Museum Society, which is successfully restoring and managing one of Victoria's most impressive landmarks. 8

BarT alk Vol. II No.5

No Quick Fixes Part 2: Four perspectives on the legal professsion

BarTalk invited Jour individuals with different perspectives to consider some of the legal profession's challenges as we prepare for the new millennium. Participants in this discussion were: Mike Harcourt, senior associate, UBC Sustainable Development Research Institute (SDRI), and former Premier of BC; Jennifer Conkie, practising Vancouver lawyer and West Coast Legal Education and Action Fund (LEAF) member; Stephen Owen, QC, law professor, dispute resolution practitioner and former BC Ombudsman; and Joey Thompson legal affairs columnist and editor of The Province newspaper. This is Part Two of this series of excerpts from their conversation.

The relationship between the public and the institutions of our society has changed. Those who were once held in high regard in our communities -the doctor1 the lawyer, the minister or priest­are no longer on a pedestal. In your opinion, is this a good or bad thing? What can lawyers do about it?

Joey Thompson

JOEY THOMPSON: Many lawyers are resistant to mediation, and law schools need to start including, if they don't already, conflict resolution and mediation skills because that's where the profession headed.

is And

lawyers aren't necessarily skilled in that kind of resolution process--it's an entirely different set of skills. You also need accessibility to clients. The reason you don't have any credibility is that you're not accessible to the public. Judges certainly aren't seen as human beings ... they sit up there on the bench in some sort of ivory tower. Now I am exaggerating for the purpose of making the point, but this is how people see it and for good reason. When was the last time you heard a judge speak1 or have any sort of human qualities about him or her?

MIKE HARCOURT: Maybe we need a focus in law school, or in the professional training education course, on how to treat a client, and that would be part of the curriculum. Bedside manner. The same with judges. How to deal with the public and public perception and public attitudes.

October 1999

But the profession has, in the past, come to grips with some of these fundamental issues. I think back to my own experiences coming out of law school, with the start up of the legal aid system, and the community lawyer program and the law student's legal advice clinic and working on the Canadian Bar Association lawyer referral program. And those things Mike Harcourt were initiated by lawyers very aggressively because the old pro bono system wasn't working. You know, going down to the old courthouse which is now the art gallery and sitting around the pillars with these poor clients climbing up the stairs and into the after hours courthouse for Harry Rankin and others to take on the work pro bono, was not justice. So, we pushed for comprehensive legal aid and John Turner, who was Justice Minister at the time, started financing legal aid schemes across the country. We started with criminal law and had to push hard to get civil law included, because at the time it was against professional ethics to do civil actions on contingency or to advertise what your specialties were. The profession pushed to get community law offices, with provincial cost-sharing, and we had a community law conference which brought troublemakers like myself together with people like Bobby Cooper, from Point St. Charles, Montreal, Parkdale Clinic in Toronto and others to start focusing on clients rights of

Continued over

21

22

No Quick Fixes Continued from page 2 I

tenants, welfare recipients, debtors- all those on the other side of the system, because the le­gal system basically represented banks, credi­tors, landlords, large institutions at the time. There were a lot of very conservative Benchers who were part of the steering committee that we established to set up community law offic­es and the law student legal advice clinic and these other things, but there was a sense right across the profession that we needed to make changes to make the system be more fair to eve­rybody. So I think there is a capacity in the profession to make these changes. Whether they will or not, is the next question.

STEPHEN OWEN: I think there is too Mike. I followed you on that legal aid wave out of law school, and got involved in a lot of that. In many ways it's unfortunate that it's become institutionalized. We changed the sys­tem so it was accept­ed, and it's far from

Stephen Owen

perfect now, but it became institutionalized and bureacratized, and maybe that's just be­cause the major battle was won. The battle now is for lawyers to redefine their idea of success and their relationship with their client. They are no longer a principal to take charge and get things fixed and get things won; they're facilitators of good results for their clients. Which means not just winning, but making sure everybody-if it's a dynamic relationship- comes out of it winning somehow, so that it will endure. That's an attitudinal shift. I think to a certain extent it might be led by visionaries, but more importantly it will be led by circumstances, rapidly changing circumstances. Everything's changing so quickly, and what's really changing is that the public is not getting what it needs from the traditional litigation approach and so they're looking for mediation opportunities. Law schools are now starting to

spend much more time on these issues, but still not nearly enough. What core courses do you have at law school? Evidence, civil procedure, criminal litigation, appeal practice - all con­centrating at the very far end of the litigation system. We're just starting to see more media­tion, negotiation and commercial arbitration courses.

JOEY THOMPSON: I'll agree, but how long does it take? They were mediating and arbitrating 20 years ago and I haven't seen the legal profession jump on it big time and they've had, to be fair, a decade. Maybe what we need to do is maybe bump that process up a bit, to speed it up.

I would add one more suggestion to this debate, because you keep saying, and I know it's true, that there are individual lawyers and groups of lawyers accomplishing good things. You need a stronger voice to get that kind of information . out to the public, obviously through the media, in one way or another. Where are your community leaders from the legal profession, for example? Where are your lawyers who will speak on behalf of legal judgments whether it comes from the Supreme Court of Canada, or whether it is a Provincial Court judgment. Where are your spokespeople to give advice on say, the constitution, and Svend Robinson's pitch about not having God in there . Rather than wait until the media person phones the CBA or the Law Society and say "who's your constitutional expert?" why don't we have some intelligent, knowledgeable lawyers as point people here in the province who will speak to the media about these issues, and who will take 10 minutes to return the call within hours rather than days. The legal profession is very standoffish with the media, and that's for reasons steeped in a whole lot of history.

MIKE HARCOURT: The reason is a four letter word: fear. I think most lawyers may be very articulate in dealing with other lawyers and clients and courts and those sort of situations, but are afraid to deal with the media, because they don't know how to deal with them or, if they have dealt with the media, it has come out very unfortunately. So I think that's part of it; a huge apprehension. So what you need to

Bar Talk Vol. II No.5

do, and I agree with you here, is you need to have people who are pointpeople like Ann Drennan, spokesperson for the Vancouver Police Department, who is absolutely brilliant. And what you probably need is for the CBA to think about the major issues, that the public are pounding at the gates about, or that we anticipate as leaders that should or will be dealt with. And let's surround them, do some workshops and some brainstorming with people that are in those areas. Develop with some media-skilled people a communications strategy and roll out a five year game plan for communicating with the public.

JENNIFER CONKlE: We have that system in

Jennifer Conkie

place: I sat as a chair of one of the Sections of the BC Branch of the CBA for two years and we as chairs went to media training sessions. It was part of our mandate to take calls in whatever Section we were chairing. So the mechanism is supposed to be in

place . You can't have one person, like Ann Drennan, to answer questions about tax law and questions about criminal law.

JOEY THOMPSON: I know you put out a handbook every year, "Contacts for the Media", with branches and committees for every province across Canada, names and phone numbers and all that. · But it's not enough.

MIKE HARCOURT: Let's say you had a media/ CBA workshop on the issues that need to be addressed. We could have people like yourself who know the courts, and George Garrett, who really understands the legal system, to come and have a frank workshop, to look at where are the perceptions that the media and legal profession have about each other and how do we deal with the public on some of the issues that are important to them.

October 1999

JOEY THOMPSON: But how are you going to get around this problem? Jennifer will talk to me and I'll quote her in the paper and I'll probably get her right and in any event she has to go before a judge next week on an issue somewhat perhaps related to the family law discussion she had with me. That's the fear. The fear is not being burned by the media. If you peel back that layer, the real fear is saying something to the media, right, wrong, out of context, in context, is going to be taken badly by the person on the bench.

MIKE HARCOURT: Even if that is the fear, you can have someone at the law school, or somebody who is disinterested, who has nothing to lose, commenting.

STEPHEN OWEN: I think it has changed over the years. The right to advertise has caused lawyers to be much less reluctant to be interviewed. There used to be a great fear that the Law Society would find them to be self­publicizing. Those issues have been much clarified, and just in terms of the growth of the profession and the greater anonymity within the profession, it's not an old club where every judge knew every lawyer and watched over what they said. There's lots of things they can do to answer the need that you're identifying. We've got to be careful of trying too hard and being seen as being too slick and too public relations-oriented. I think the legal profession will, over time, have its image changed because it's reacting to different circumstances and will be performing differently. I also think the public is getting more and more aware, with globalization, of the importance of the justice system. Now if you have mutual fund investments in South East Asia, you all of a sudden become very aware of the need for transparent banking laws and the right to have honest courts, and a political system that doesn't just favor brothers-in-law of presidents in power, or systems that are brutal and you have terrorism in reaction and therefore investments are disrupted. Generally, I think we are becoming much more conscious as a society that what we've got here is a real gem which is a rules-based, rule of law system that cannot be taken for granted.

The final installment of this series will be published in the December 1999 issue of BarTalk.

Law and Science Meet in Edmonton

The 46th Annual Conference

of the Canadian Society of

Forensic Science will be held

Nov. 16 - 21 , in Edmonton.

The conference, titled

"Where Law and Science

Meet", aims to increase

education and

communication between the

legal and forensic science

communities through hands­

on workshops, plenary

sessions, papers and

exhibitors. Feature guest

speakers include Mr. Alan

Gold, senior partner at Gold

& Fuerst Barristers, in

Toronto and Mr. Michael

Peat, 97/98 President of the

American Academy of

Forensic Science. Program

topics include: Effective

Expert Evidence; Non­

Biological Trace Evidence:

The effectiveness of the Lab

Report (Kaufman Report);

Human Rights Violations &

the International

Community; The DNA Data

Bank; The state of C-68 -

Firearms; Alcohol, Drugs &

Driving; and Shaken Infant

Syndrome. Experts from

both the Legal and Science

fields will be represented in

each session. For more

information visit www.csfs.ca/

1999preview.htm, or contact

Ms. Leigh Allard, at (780)

428-8877 ext.28, or email

leigh@class.ab.ca.

23

Amy Hacl<ney Blackwell

Amy Hackney Blackwell is an

associate at Gibbes, Gallivan,

White & Boyd in Greenville,

South Carolina.

Guest columnists welcome

If you'd like to comment on

recent developments in the

law or legis lation, we'd li ke

to hear from you. Please call

BarTalk Editor Carol ine

Nevin at (604) 687-3404 or,

if you're outside the Lower

Mainland, call our toll free

line at 1-888-687-3404.

24

Real· Time Billing Blues

The following article orginally appeared in the August 1999 issue of the ABA Journal, and has been reprinted by permission of the ABA Tournai.

Once upon a time, a law firm debated the merits of buying computers. The partners went back and forth: "Computers are so expensive," said some, "and we are used to the way we do things now."

"But we will be able to work so much faster," said others. Then one quipped, "Why would I want to work faster when I bill by the hour?"

Why indeed? Do lawyers have any business billing clients for work not done the fastest way possible? Are we expecting our clients to pay for foot-dragging?

Of course not. Attorneys routinely cut time from bills before sending them out, especially for work done by associates. The rationale is that associates are not as well-versed in the law as the more experienced partners, and it takes them longer to get the same job done. Therefore, it would be unreasonable to expect clients to pay for inefficient work.

But we also should consider the way we do our work. Depending on the method, the same brief could take anywhere from two to eight hours to write. One attorney might go to the library, do research in books, photocopy relevant cases and statutes, outline the brief in pen on a yellow pad, dictate a draft, mark up the draft with the same pen, and give it back to his secretary.

Another might pull up a pre-existing brief on the computer, modify it slightly to reflect the current matter, do 30 minutes of online research, copy and paste sections of cases from the computer database into the brief, add a few more sentences, and call it done. Same product, vastly different production times.

YELLOW PADS VS. COMPUTERS

The intersection of technology and the billable

hour is an ethical quagmire. The explosion of information technologies in this decade has produced enormous discrepancies among lawyers and law firms.

Some firms embraced computers the moment they appeared on the scene and have updated their systems regularly. They bought software to assemble documents, catalog old memos and briefs, and keep track of trial materials. They use email to communicate and exchange documents.

Other firms purchased computers with reluctance and have upgraded only when they absolutely must. They use computers only for word processing. The lawyers dictate everything and let secretaries do the keyboarding. They make changes on a printed copy. How much time is wasted doing things the old way?

And research-some lawyers use libraries still. Others use Lexis and Westlaw, though clients will balk at paying online research fees. Would they balk if they knew how long the same research would take in the library?

What about CD-ROM libraries, such as Premise? The client pays only for the time the lawyer spends doing the research, not the database fee. Can a client insist that any legal research be done with a CD database, not in the library, and not on Westlaw or Lexis? Who pays the cost for the law firm to buy Premise? Can anyone say for sure how long a given research project ought to take?

That is the problem, of course. It is impossible to answer that question.

DILEMMAS BY THE BOOK

Can we ethically bill by the hour when there are such differences among methods of working? Mechanics bill "by the hour", but there are published standards for the time it should take to do things, such as changing spark plugs or rebuilding a transmission. A

Bar Talk Vol. II No.5

customer pays for the amount of time it should take to perform a job, not the time it actually takes. Any mechanic worth his salt can do a job faster than the "book time".

Some attorneys are beginning to use alternative billing. Like mechanics, they charge fixed fees for certain legal matters or tasks, or even for different phases of litigation. Some charge by the hour but cap their fees . Others reduce their hourly fees but charge a bonus for quick resolution or good results.

Still, about 75 per cent of billing is done on an hourly basis, according to estimates by Altman Weil Inc. That is a decrease from five

years ago, when about 90 per cent of billing was hourly, the legal consulting firm says. But lawyers still have further to go.

We owe it to our clients to bill them honestly and consistently.

Two options present themselves: Either law firms must commit themselves to maintaining the technological ability to do all work in the most efficient way possible, or attorneys should find a more uniform way of billing for services rendered. To do otherwise is unethical and unbecoming an ancient and honourable profession. ~

New Branch Accommodation Policy The BC Branch has introduced a Member Accommodation Policy which aims to ensure that every member has full access to the services of the Canadian Bar Association, and that issues of accommodation are included among the priority issues on which the Branch advocates on behalf of its members. The new Policy will guide future decision-making by the Executive Committee, Provincial Council, and Branch Office management. The Branch thanks Henry Vlug for his contribution and personal advocacy in ensuring that a formal policy was developed to address issues of concern regarding the delivery of services to members who have a disability. The new policy reads as follows:

''The BC Branch is committed to the principle that its members are collectively and individually entitled to full participation in the affairs of the organization, and to the full realization of the benefits of membership. To that end, the Branch will accommodate and support its members who are disabled, subject to the provision of reasonable notice, and will give priority to the elimination of barriers encountered by its members who are disabled. The Branch recognizes that disability should not prevent a members' full participation in the organization, and recognizes its responsibility to address such accommodation. The Branch further recognizes its responsibility to advocate for the accommodation of its members who are disabled, in all aspects of their professional lives." 8

The Law Foundation of BC THE@ LAW FOUNDATION

Graduate Fellowships 2000/2001 OF BRITISH COWMBIA

The Law Foundation of BC awards up to four graduate fellowships of $12,500 each on an annual basis. The next deadline for applications is Wednesday, January 5, 2000 for the 2000/2001 academic year.

To be eligible, an applicant must be pursuing full-time graduate studies in law or a law­related area at a recognized university in Canada, the United States, or abroad. Applicants must be residents of British

October 1999

Columbia, or graduates of a BC law school, or members of the BC Bar. The Law Foundation Graduate Fellowship is not available for the graduate program at UBC as the Law Foundation makes a separate grant to this program.

To receive an application form please contact the Law Foundation at 1340 - 605 Robson St., Vancouver, BC V6B 5J3 or call (604) 688-2337 or emaillfbc@bc.sympatico.ca. 8

25

LAWYERS IN THE COMMUNITY

26

Perry Ehrlich Gotta Sing! Gotta Dance!

Perry Solomon Ehrlich is a music man. A business lawyer with Richmond's Altman Kahn Zack, Perry put himself through the University of Saskatchewan's law school by playing the piano in dinner clubs. He was called to the BC Bar in 1977.

Almost 20 years later in 1995, with music still a passion, Perry imagined and, with the help of the Jewish Community Centre, created "Cotta Sing! Cotta Dance!", an exciting musical theatre summer program for children (aged 9 to 19) who love to sing, dance and perform. Cotta Sing! Cotta Dance! began with only one month-long session, but quickly grew to two month-long sessions. This past summer, children from as far away as PEl, Texas and Northern Israel participated in the program. Cotta Sing! Cotta Dance! is open to all children, but participants must audition. Perry sees positive self-esteem as one of the great benefits of the program-wallflowers turn into spotlight hams. Mr. Shannon Etkin, Associate Executive Director of the Jewish Community Centre, is very enthusiastic about Cotta Sing! Cotta Dance! "Children learn about themselves, and learn about working with one another," he says. Wendy Stuart, a musical director with Cotta Sing! Cotta Dance! comments on the physical changes in children on stage: "There's a light behind their eyes when they perform."

Perry is meticulous in ensuring that every child has equal opportunity to shine. It's rumored he uses charts to monitor how many moments of solo time each child has. The musical productions are specially chosen to showcase many stars, rather than focusing on one individual. "Perry believes that all children should have doors open to them and have the opportunity to go through those doors," says Shannon.

In 1994, Perry and Simon Isherwood, a director, actor and teacher, formed "Sound Sensation", a performance choir of 27 girls and boys aged 11 to 19. Wendy describes Sound Sensation as "Not just a standup choir.

Perry Ehrlich with some of the Gatta Sing Gatta Dance participants.

It's somewhere between a choir and a show." Some of the many venues in which Sound Sensation has performed include the Apec '97 dinner, the gala opening of "Sunset Boulevard" and "Ragtime", and the opening of the new Vancouver International Airport. They have also recorded with Charlotte Diamond, a Juno award-winning Canadian children's performer. The audition waiting list for Sound Sensation is two years.

Along with his involvement in Cotta Sing! Cotta Dance! and Sound Sensation, Perry also composes. His "One Dream" was recorded by Charlotte Diamond and he composed a theme song for the Sport BC "Athlete of the Year Awards Dinner". A very personal highlight in Perry's musical career was watching his two daughters perform on stage together last summer. "It's wonderful to have something you can work on with your children," says Shannon. "Perry can share something he loves, and see if it captures his children." Shannon hopes the confidence children gain through Cotta Sing! Cotta Dance! will translate into success in other areas . What areas? Well, Perry has been quoted as saying "In every good lawyer, there's an actor." . GD

If you know of a lawyer who has made a vital contribution to life in his or her community beyond the law, please call BarTalk Editor Caroline Nevin at (604) 687-3404 or, if you're outside the Lower Mainland, call toll free 1-888-687-3404.

BarTalk Vol. II No.5

((

Victoria Bar Association Do you recognize these people and events? Do you have photos like these to share? Dust off the firm's photo albums, check in the back of the file cabinet, and send us your old and new photos of BC lawyers having fun. Thanks to Brenda Gillis of Mulligan Tam & Company for providing BarTalk with the following photos.

.... Team members include lawyers, spouses, children, friends , and office staff

Back row (L-R) : Jacquelene Seigal, Grant Smith, Gail

Skyes, Amanda Thompson, Andrew Tam, Brenda Gillis, Darcy Irving, Tara Pollack, David Archibald

Front row (L-R): Annette

Richards, Nan Aulakh,

Sheldon Seigal, Zoe Seigal

..,. Lisa Crawford, Diane McDonald, Andrew Tam ,

and Bruce Wardhaugh check out the score board.

Branch Calendar October- December 1999

October 20, 1999 October 29, 1999 November 17, 1999 November 18, 1999

December 7, 1999 December I I, 1999

October 1999

Executive Committee Meeting Options For Lawyers Executive Committee Meeting Joint Executive Committee Meeting with the Law Society Execut ive Committee Meeting Provincial Council Meeting

..._ Grant Smith, of McConnan,

Bion, O 'Connor & Peterson

steps up to bat, while Lisa Crawford from Wayne George's office back catches.

BarTalk is published by the British Columbia Branch of the Canadian Bar Association, lOth Floor 845 Cambie Street Vancouver, BC V6B ST3 TEL: (604) 687-3404

TOLL FREE in BC, outside the Lower Mainland:

1-888-687-3404

FAX: (604) 669-9601

• BarTa/k Editor: CAROLINE NEVIN, Director of Communications (604) 687-3404 cnevin@bccba.org

• Legislation & Law Reform Officer: STUART RENNIE (in Pitt Meadows) (604) 460-8464 srennie@bccba.org

• BarTa/k Production Assistant: SANDRA WEBB (604) 687-3404 swebb@bccba.org

• Editorial Board DAVID PAUL, Chair BARBARA BLUMAN DAVID ROBERTS, QC PETER WARNER, QC

© Copyright the British Columbia Branch of the Canadian Bar Association-1999.

This publication is intended for inform­atio n purposes only and the information contained here in should not be applied to specific fact circum­stances without the advice of counsel.

The BC Branch of the Canadian Bar Association represents over 9,400 lawye rs within British Columbia and is dedicated to improve and promote access to justice, to review legislation, initiate law reform measures and advance and improve the administration of justice.

27

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In response to many requests from members who want an inexpensive way to reach other lawyers in BC, the BC Branch is proud to introduce BarTallc Classified Advertising. The back cover of BarTallc will be available on a first priority basis to our members. Any remaining space will be made available to other advertisers at a premium rate, to offset BarTallc production costs for members. For more information on display or classified ads please contact: Patti Graham (604) 687-3404 or 1-888-687-3404.

p'{ OE~OL\NE REM~\N\NG ~99~~~r 12

Nove ...

CL~SS\f\EO ~0 R~ :.~~ .. $25 per line ······· ···

SEND YOUR AD BarTalk Classified Ads COPY TO: lOth Floor, 845 Cambie St Tel: (604) 687-3404 ., Vancouver, BC V6B ST3 Fax: ( 604) 669-9601 or toll free 1-888-687-3404

Email: pgraham@b b cc a.org

Willi YIIDa.-a Y11r Law p Join Leading Expert Hindi Greenberg To Find Out

Location: Plaza 500 Hotel, 500 West 12th Ave, Vancouver Friday, October 29, 1999 8:30 a.m. to 4:30 p.m.

A preeminent career consultant, Hindi Greenberg is known throughout the US for her expertise on lawyer career (dis)satisfaction and options. She has appeared on CNN, NBC, ABC, and PBS. Her work has been featured in Time, Business Week, Forbes, and USA Today. Hindi Greenberg's achievements include:

• She has authoured numerous articles on lawyer dis­satisfaction, career satisfaction solutions, career op­tions, and outplacement issues;

• She has co-authored the book Beyond L.A. Law: Break the Traditional "Lawyer" Mold, published in 1997 by the National Association for Law Placement;

• She has written The Lawyer's Career Change Hand­book, recently released by Avon Books; and

• She is the President of Lawyers in Transition, which she founded in 1985, to provide information and re­sources to help law students and lawyers identify and move forward into new career choices both in and out­side law, and to assist law firms to retain the best asso­ciates.

For more information on Ms. Greenberg see the "What Can You Do With Your Law Degree?" insert in this BarTalk.

28 Bar Talk Vol. II No.5