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 Provincial News

Sections
Sections Count for Professional Development
The Law Society now requires lawyers to report annually on their professional development activities. Benchers recommend 12 hours of formal education and 50 hours of self-study.

Attendance at Section meetings counts toward this requirement, and review of Section minutes/materials is reportable as self-study hours (as long as it is not for the purpose of research for a file/case). Registered Section members, who are also CBA members, can peruse or download any archived materials at www.cba.org/bc.

Victoria Section Puts “Santa” on the Line
Victoria young lawyers increased the magic factor this Christmas by establishing a “Santa Calling” program. Organized by members of the Young Lawyers-Victoria Section, interested parents and grandparents paid a minimum $5 donation to have a “Santa” from the Victoria Bar call the children and impersonate the jolly old elf himself.

Waddell Raponi was very supportive of the service, with both John Waddell, QC and Eugene Raponi making Santa calls. “The child I spoke to was four and it was hard to understand what he was saying. He was very excited,” said Eugene. After one call, John marveled, “I’m sure that kid believed I was Santa.”

Santa Calling donations benefited the Mustard Seed Food Bank, Vancouver Island’s largest food bank. The Section hopes to build on the service’s success and deliver Santa Calling to many more children in 2005, with increased donations to the Mustard Seed.

If your Section would like to try “Santa Calling” for Christmas 2005, please contact Sarah Klinger at sklinger@waddellraponi.com (to properly advertise, planning should start by mid-November).

Section Members Win CLE Prizes
The Continuing Legal Education Society of B.C. (CLE) offered CBABC members an extra incentive to join Sections this year. In addition to the educational and social benefits of Sections, members who registered for three or more Sections were eligible to win a CLE prize. The CBABC thanks CLE for donating these prizes! The winners’ names were drawn from a pool of 1,174 eligible Section members. The four winners and their prizes were:

  • Manjeet Kaur Chana of the Legal Services Society-Vancouver won a $700 gift certificate to be used toward any CLE product;
  • Patrick John Field of Shook, Wickham, Bishop & Field won complimentary registration to a regular, one-day CLE course (approx. value $375);
  • Stuart J. Lein won complimentary registration to a regular, one-day CLE course (approx. value $375); and
  • Dominique Ariea Nouvet of Cook Roberts won a $300 gift certificate to be used toward any CLE product.

Help for Tsunami Victims
The CBA’s national Immigration Law Section is offering to review immigration applications at no charge for Canadians and permanent residents in Canada who want to sponsor family members living in areas affected by the recent tsunami in the Indian Ocean. For details, please visit www.cba.org/cba/tsunami.


QC Appointments
Congratulations to the following lawyers who received the QC designation in December 2004:

  • Mark D. Andrews
  • Robert C. Brun
  • Elisabeth A. Burgess
  • D. Ross Clark
  • Brian Coleman
  • Wendy Elizabeth Dawson
  • William F. Dickson
  • Robin M. Elliot
  • David C. Harris
  • John Wellesly Hogg

  • Richard Henry Jensen
  • Clarence B. (Cal) Johnson
  • Jeffrey J. Kay
  • William Knutson
  • Derek LaCroix
  • Bruce Austin Laughton
  • James M. Lepp
  • Dinyar Marzban
  • James Kenneth McEwan
  • D. Paul Nixon

  • Darrell John O’Byrne
  • Vincent Orchard
  • Henry J. (Hank) Reiner
  • Donald H. Risk
  • Kenneth Sarnecki
  • Grant C. Taylor
  • Henry Vlug
  • Peter George Voith
  • Mary Anne Waldron
  • Paul Wylie Walker

Passages
The CBABC Equality Committee is saddened to report that Natasha Edgar passed away on December 31, 2004. Natasha overcame great obstacles to become a lawyer, after suffering a spinal cord injury at the age of 17. It was her desire to increase awareness amongst members of the profession by challenging misconceptions and removing obstacles to firms, courts and the justice system at large in regard to hiring lawyers with disabilities. Natasha was an inspirational addition to the Equality Committee and will be greatly missed.

On December 7, in a special presentation by local MLA Sindi Hawkins, Kelowna lawyer Kenneth Sarnecki was presented with his QC designation from Attorney General Geoff Plant. Only a few weeks later, the legal profession said a final farewell to a much loved colleague. Ken’s involvement in the CBABC was extensive, ranging from Committee and Council work, to three terms on the Executive Committee, including as Vice President. His cheery presence and forthright approach to life and law will be sorely missed. We send our condolences to his family.


Law Week 2005
Ambitious program ignites interest in annual event
Law Day celebrates the anniversary of the Charter of Rights and Freedoms, each year with a different theme – the 2005 theme is “TV Lawyers: Fact or Fiction.” In B.C., Law Day has expanded to a full week of activities. Events are often organized by lawyers in their local communities.

5k/10k Fun Run/Walk
Join us for the CBA’s second annual Law Week Fun Run/ Walk. This event will take place on the UBC grounds on April 10 at 10:00 a.m. The entry fee is $25 per adult (children 14 and under enter for free). The route will be stroller and wheelchair accessible. Please see the related insert and register today!

Open House on April 30
The Law Week Open House in Vancouver will be held at UBC Robson Square (800 Robson Street) on Saturday, April 30 between 10 a.m. and 2 p.m., with keynote speakers stepping up to the podium at midday.

Members of the public are invited to participate in one-hour classes on topical areas of law and a “You Be the Judge” session. There will be displays by partners in the justice system, and likely a panel discussion on how the justice system works.

Student Mentor Program
This program has been successful for many years due to strong support from CBA members. The program matches students with lawyers for a half-day in the lawyer’s workplace. Students in Nanaimo and the Lower Mainland will have the opportunity to explore law as a career option.

Student Contests
Public Speaking: The annual Barry Sullivan Law Cup public speaking contest is open to students enrolled in Law 12 classes throughout B.C. The students will present their speeches at the Vancouver Law Courts on April 28 at 4:30 p.m. Interested parties are welcome to listen to the speeches, which are generally enthusiastically and thoughtfully presented.

Video and Essay: These two contests are open to senior students throughout B.C. The winning essays and video (if possible) will be available on the CBABC website. Providing a new outlet to aspiring directors, the Law Week Committee added a video contest this year to replace the photo contest.

Volunteers are needed for the Open House, Run/Walk, and Dial-A-Lawyer Program. To lend a hand, please call 604-687-3404 (committees@bccba.org).


CBABC Public Service Programs
Lawyer Referral Service
You are invited to participate in this service. What is it? The Lawyer Referral Service (the “Service”) is an initiative which enables members of the public to access lawyers practising in the field of law required for their particular situation, and provides the opportunity to have an initial consultation with a lawyer for up to 30 minutes for $25 plus taxes. After the consultation, the fees to be charged are strictly between the lawyer and the client. The lawyer is not obliged to accept the applicant’s case and the applicant is under no obligation to retain the lawyer.

What’s in it for me? The free Service can introduce you to potential clients.

How Do I Sign up? A registration form is posted at www.cba.org/bc in the “Initiatives” area for CBA members. Lawyers who are not CBA members may request a form by calling the number below.

For more information call 604.687.3404, toll free in British Columbia 1.888.687.3404 or email lawyerreferral@bccba.org. The Lawyer Referral Service is funded by the Law Foundation of British Columbia.

Dial-A-Law Available in English, Punjabi and Chinese
Dial-A-Law is a 128-script library that addresses a wide range of legal issues. Scripts are available by telephone and online (www.cba.org/bc). Last year more than 60,400 people accessed the service, which is available in English, Punjabi and Chinese. Sets of scripts are available for purchase, providing current general information on various legal topics. Dial-A-Law is funded by the Law Foundation of B.C. and administered by the Canadian Bar Association, B.C. Branch.


Q&A - Federal Crown
Service of Documents on the Federal Crown
Q: Where should I serve originating documents on the Federal Crown in cities without a regional office?

A: Proceedings against the Federal Crown in a provincial superior court are governed by the Crown Liability and Proceedings Act and its Regulations. Pursuant to section 4 of the Regulations, originating documents are served on the Federal Crown by serving the Deputy Attorney General at the office of the Deputy Attorney General in Ottawa or, for B.C., by serving the Senior Regional Director of the Department of Justice’s B.C. Regional Office (Department of Justice Canada, B.C. Regional Office, 900-840 Howe Street, Vancouver, B.C. V6Z 2S9. Tel: 604-666-2061).

In the Federal Court of Canada or the Federal Court of Appeal, Rule 133 of the Federal Court Rules (1998) provides that personal service of an originating document on the Crown, the Attorney General of Canada or any other minister of the Crown is effected by filing of the originating document and two copies of it in the Federal Court Registry.


Supreme Court of British Columbia Practice Directions
Affidavits
November 22, 2004 – Some concern has been expressed with respect to affidavits that have been filed where it is impossible to identify the commissioner before whom the affidavit has been sworn. When a commissioner applies only his or her signature to the jurat, there is no means of clearly identifying the commissioner should a question arise about the circumstances under which the affidavit was sworn. Many commissioners apply a stamp below their signatures which indicates their name and contact information. This practice is encouraged.

Effectively immediately, affidavits prepared for filing in Supreme Court must include the name, legibly typed or written, of the commissioner before whom the affidavit was sworn as part of the jurat in addition to the signature.

Standard Directions for Small Claims Appeals
November 22, 2004 – This Practice Direction replaces that issued on August 11, 1997. The Practice Direction is available at www.courts.gov.bc.ca/sc.


Law Courts Education Society’s 15th Anniversary
The Law Courts Education Society of B.C. celebrated its 15th anniversary at the Law Courts Inn on January 18th. Frits Verhoeven spoke on behalf of the Canadian Bar Association, one of the Society’s eight appointing organizations. The Honourable Stephen Owen, QC gave a keynote address, saying, “The justice system as a mediator of conflict has to be seen as redressing imbalances of power.” Guests stood to honour the late Aric Hayes, beloved teacher and volunteer, as his mother, Aleta Wallace, accepted the Hughes Award for Access to Justice on his behalf. A silent auction raised more than $2,600 for courthouse programs. The Law Courts Education Society thanks its friends, donors and partners for their ongoing support.


LawSource Available in the Vancouver Courthouse Library
BCCLS has negotiated a new contract with Carswell to enable the Society to provide free access to LawSource on any of the 14 public access computers in the Vancouver Courthouse Library. This service became available on February 1, 2005. LawSource has been available in all other courthouse libraries with computers since April, 2004.

Training sessions are being provided during February in the Vancouver Courthouse Library. Notice of the training sessions is posted on the BCCLS website and in the Vancouver Courthouse Library. Training is free but please register in advance. For more information or to register for a training session, please ask at the reference desk, or phone 604-660-2841 (e-mail bccls@bccls.bc.ca). BCCLS courses can be listed as professional development in completing your annual report to the Law Society. A LawSource training session is one hour of structured coursework.


These articles were published in the February 2005 issue of BarTalk. © 2005 The Canadian Bar Association. All rights reserved.


 

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