CBA Section Standing Committee
At the December 9, 2000 Provincial Council meeting the new Sections Standing Committee was established to review Sections and ensure that Section policy meets the needs of the CBABC members. Two of the committee’s mandates are:

• to periodically review and recommend Branch Policy on Sections including meeting requirements and fees; and
• to reconsider how Sections are formulated and financed.

Ken Armstrong, Executive Committee member, will chair the Sections Standing Committee.

The members appointed to this committee by the CBABC Executive are:

• Saundra Elson, Secretary, Family Law-Prince George
• Lorne Herlin, Chair, Young Lawyers-Vancouver
• Kirsten Rongve, Chair, Family Law-Nanaimo
• William Clarke, Chair, Criminal Justice-Okanagan & Co-Chair of Young Lawyers-Okanagan
• Thomas Kendall, Chair, Wills and Trusts-Okanagan
• Sabrina Ali, Equality Committee Representative
• Fran Hodgkins, CBABC Section Coordinator

Enduring Power of Attorney Must Not be Revoked
The CBABC and its Wills and Trusts Sections have been actively involved in reviewing the Representation Agreement Act (RAA) and advocating for changes to protect the legal rights of British Columbians. On March 29, 2001, the NDP government enacted more than 50 amendments to the RAA, many of which were proposed by the CBABC.

But there are still fundamental flaws in the legislation which have not been addressed. Some stem from the fact that the RRA moves away from a traditional power of attorney model to a contract model. Others arise because of the decision to combine the management of an individual’s financial affairs and health care management into one document. Execution requirements applicable to Representation Agreements remain more onerous than those applicable to enduring powers of attorney, which means increased cost to the client and greater risk of an invalid Agreement if it does not strictly comply with the provisions of the Act. As for section 7 Agreements (intended to permit a person with a lesser level of capacity to grant authority to someone they trust to make routine financial and medical decisions for them), the government has chosen not to address the problems identified, including the ambiguity in the capacity test and the problems associated with the restricted authority that can be granted to a representative under such an Agreement. In addition, the government intends to allow notaries public with as-yet-unspecified training to give advice to individuals, in place of lawyers, in the development of even the most complex of Representation Agreements.

As a result of these factors, Representation Agreements are viewed as a planning tool with significant legal risks by many lawyers and not one designed with the needs of the average individual in mind. In particular, they are viewed as less effective than an enduring power of attorney in addressing financial matters. The government currently plans to eliminate enduring powers of attorney as of September 5, 2001. All lawyers are asked to contact their election candidates to make a strong case for the continuation of enduring powers of attorney as one of the legal tools available to British Columbians.


They did it again!
The CBA staff has again donated their casual day donations to a worthy cause. This time it is the Association For Awareness and Networking Around Disordered Eating (ANAD) which will benefit from CBA staff generosity. ANAD plans to use the $613 donation to help fund their children’s awareness campaign.

ANAD offers support groups on disordered eating/body image for adult women and for family and friends. For more information on ANAD please call 604.739.2070 or toll free 1.877.288.0877 or email anad@direct.ca.


If you’re a woman in the law, this Forum is for you
No, it isn’t the V. Monologues – it’s something better. A half-day participatory President’s Forum tailored to your needs, your ambitions and your profession. Scheduled for Thursday, June 21 from 12 - 5 p.m., this Vancouver forum will look at everything from how to be a judge to how to be a mediator. Expect engaging speakers and exhilarating discussion. Be prepared to share your thoughts in break out sessions as participants will be asked to give voice to their opinions and experiences.

If you’re interested in exploring conventional and alternate careers in law as they pertain to women, mark your calendar today. Registration forms will be sent out May 1, 2001.


FOI Judicial Review Protects Top Billers’ Names
The Honourable Mr. Justice Scarth of the Supreme Court of BC on February 2 set aside an order by the former Information and Privacy Commissioner that instructed the Legal Services Society to release the names of top billers to the media.

The decision was the result of a judicial review requested by LSS in August 1999.

This matter concerned a January 1999 media request under the Freedom of Information and Protection of Privacy Act (FOIPPA). A reporter asked LSS to name the five lawyers who billed the most for criminal cases and the five who billed most for immigration cases over an eight-month period in the previous year. LSS released the amounts billed but withheld the lawyers’ names based on concerns that releasing this information could violate solicitor-client privilege, and/or contravene protection of personal privacy.

The reporter asked then Information and Privacy Commissioner David Flaherty to review the Society’s decision, and in July 1999 he ruled LSS should release the names.

In his decision, the Honourable Mr. Justice Scarth (BC Supreme Court, docket A992300) found the commissioner had erred in law in his application of solicitor-client privilege (section 14 of the FOIPPA). He did not go on to consider arguments relating to section 22 on personal privacy. The commissioner’s ruling (322-1999) was set aside.

This article was originally published in the LSS News, February 28, 2001 issue. It is reprinted with the permission of the Legal Services Society of British Columbia.


Lawyers Who Lunch
In the February issue of BarTalk we were pleased to offer a gift certificate for lunch for two at Bacchus. The catch was that members had to send us a note listing their favorite place to lunch and describing the benefits of lunching. We received quite a few entries and Danielle Bretton’s name was eventually drawn for the certificate. Congratulation to Ms. Bretton, and thanks again to Bacchus, for their generosity in donating a certificate to their much-loved establishment. As for the entries – we can’t keep these great recommendations to ourselves. Bon appetit!

Favourite Place
Bacchus (Wedgewood)

Favourite Table
45 (back corner)

Benefits of Lunching
To lunch – with your opponent – can only help narrow the issues and thereby promote the (worthy) cause of settlement.

To lunch - with a colleague (not necessarily on the other side of a pending trial) – is to foster camaraderie, build trust.

To lunch – with a partner or another lawyer from your own firm – is to promote unity and closeness.

In all cases, you take the heat off the pressures of the office for a happy hour or so - if you’ve remembered to turn your cell off. - Jack Aaron, QC, Aaron MacGregor Gordon & Daykin (Vancouver)

Favourite Place
Victoria Chinese Restaurant, 1088 Melville for dim sum

Benefits of Lunching
Networking and stress break - Andrew Lew, Westport Innovations Inc (Vancouver)

Benefits of Lunching
Of course, it can only help your relations with your fellow lawyers to have lunch together once in a while. Here in the Rocky Mountains, we have developed a fine tradition over the past two decades.

Supreme Court Judges visit about twice a year and Provincial Court Judges about twice a month. The local bar, the visiting Crown Counsel and all visiting lawyers, meet with the visiting Judge for lunch at our favourite Chinese food restaurant.

Yes, there are many client eyebrows raised by this behavior but in more than twenty years of this tradition, I have never had a lawyer or Judge complain. - Glen Ewan, QC, Ewan & McKenzie (Golden)

Favourite Place
My favorite is the dim sum lunch at Imperial Chinese Seafood House on Burrard in the Marine Building. The food is excellent, the view is beautiful, and you can get in and out quickly.

Benefits of Lunching
A professional lunch is obviously helpful in maintaining or establishing a good working relationship with someone but in addition, frequently new exciting ideas are generated and a wider network is established. - Barbara K Buchanan, Daishowa-Marubeni International Ltd (Vancouver)

Favourite Place
My favorite place to eat lunch is the office. I will explain. I practice in a building that was once an apartment complex. There remains a complete kitchen that the lawyers (six in the building) will from time to time use to make and eat lunch. We occasionally get quite carried away with the menu.

Benefits of Lunching
The chief advantage of lunching in the office is the opportunity to meet with colleagues in an informal setting where there is no chance that our discussions will be overheard. Meeting with colleagues to discuss the practice of law, exchange ideas; report on cases, refer clients, etc., are, in my view the main professional benefits to lunching with other lawyers. - Roger P Thirkell, Derksen Thirkell Lawyers (Abbotsford)

Favourite Place
The little cafe at the bottom of 808 Nelson, called the Monte Cristo cafe. They have homemade soups, lots of vegetarian stuff and sandwiches made to order. The owner and his wife greet me with a smile as we bow and say “namaste” - (hello in Hindi).

Benefits of Lunching
Is that we have the strength to go on! So many times lawyers neglect to eat or grab something unhealthy, and we have to have a chance to get out of the office/court for a change of scenery, let our bodies refuel in a peaceful setting to go on to continue to fight the good fight. - Danielle Bretton, Stevens Kale (Vancouver)

Benefits of Lunching
Meeting over lunch is a great way to meet a client on a casual basis and really get to understand the client’s business, and needs. Meeting at a restaurant represents a neutral place where full dialogue and conversation can be achieved. - Gil Korn (Vancouver)


New Electronic Resource at the BCCLS
The BC Courthouse Library Society has subscribed to the Continuing Legal Education Society of BC’s CLE Case Digest. The CLE Case Digest contains selected summaries from the BC Court of Appeal, BC Supreme Court, Provincial Courts of BC, and the Supreme Court of Canada, from 1996 to the present. The Digest is currently available on the public access computers in the following locations:

Campbell River Chilliwack Colwood Courtenay Cranbrook Delta Duncan Kamloops

Kelowna Nanaimo Nelson New Westminister Penticton Port Alberni Port Coquitlam

Prince George Rossland Salmon Arm Surrey Terrace Victoria Williams Lake

The Digest will be available shortly in North Vancouver, Quesnel and Vernon.


Internet Legal Research Coaching
If you are unsure about using the Internet for legal research, BCCLS offers Customized Legal Research Coaching which will get you started or improve your skills. A member of our reference staff will conduct private, one-on-one sessions or group training, customized to meet your specific needs. Sessions are held at the training facilities in the Vancouver Courthouse Library. The cost is $100 per hour. To make an appointment contact Dorothy Cameron at 604.660.2841 or 1.800.665.2570, or email dcameron@bccls.bc.ca.


Lawyers Assistance Program
LAP provides confidential support, counselling and referrals for lawyers, their families, support staff, judges and students suffering from alcohol and/or chemical dependency, stress, depression or just about any type of personal problem.

For assistance or information on meetings and resources please call 604.685.2171 or toll free 1.888.685.2171.

The LAP office is located at 415-1080 Mainland Street, Vancouver, BC V6B 2T4.

These articles were published in the April 2001 issue of BarTalk. © 2001 The Canadian Bar Association. All rights reserved.