A unique course code can now be used to quickly find CBABC PD Seminars and Section Meetings on the Law Society of B.C. website when reporting CPD hours. See our Quick Tips for the 2012 course codes and more information.
On December 16, 2011, CBA President Trinda L. Ernst, QC, announced that Michele Hollins, QC, of Calgary has been named the incoming CBA Second Vice-President. In addition, Annette Horst of The Pas, Manitoba, has been named CBA Treasurer for a second term.
Having served as President of the CBA’s Alberta Branch in 2007-08, Michele Hollins has been involved with the CBA for many years. Nationally, she is the Vice-Chair of the CBA Communications Committee, and is Chair of the CBA’s CLC and Mid-Winter Review Committee. A partner at Dunphy Best Blocksom in Calgary, Michele Hollins will become CBA president in 2014.
Annette Horst served as President of the Manitoba Bar Association (CBA’s Manitoba Branch) in 2008-09 and was National Chair of the Young Lawyers-CBA in 2006-07. A supervising attorney at Legal Aid Manitoba’s Northland Community Law Centre in The Pas, Annette Horst is currently serving a two-year term as CBA Treasurer. In 2012, she will begin her second term as Treasurer, a role she will hold until 2015.
Trinda Ernst congratulated both Michele and Annette on behalf of the CBA’s Board of Directors and staff.
You are encouraged to honour a colleague and fellow CBABC member through their nomination for one of the following prestigious awards:
The Community Service Award recognizes the valuable contributions of CBABC members serving the communities in our province. Every other year the CBABC sponsors Community Service Awards in each county.
The Equality and Diversity Award celebrates the accomplishments of a CBABC member who has succeeded in advancing equality in the legal profession or generally in B.C.
The Harry Rankin, QC Pro Bono Award was established in recognition of the immense contribution of Harry Rankin, QC in supporting access to justice for the poor. The Award recognizes outstanding contributions by a member of the CBABC in the area of pro bono work.
The Work Life Balance Award recognizes lawyers, law firms or organizations who demonstrate leadership in promoting work life balance within the practice of law.
Nominations for all awards must be submitted before 4:30 p.m. on April 20, 2012. Additional information on these awards and nomination forms are available on the home page at cba.org/bc under “Call for Nominations.”
CBA NATIONAL NEWS
Daphne Dumont Appointed to Order of Canada
Daphne Dumont of Charlottetown, President of the CBA in 2000-2001, has been appointed a member of the Order of Canada in recognition of outstanding achievement, dedication to the community and service to the nation.
CBA President Trinda L. Ernst, QC, of Kentville, NS has been a friend and colleague of Daphne Dumont’s for many years. Trinda Ernst offers her personal congratulations, along with those of the CBA, to Daphne Dumont. “Your priorities as CBA President more than a decade ago have had a ripple effect, resulting in incremental improvements to legal aid in various Canadian jurisdictions, and more recently an awakening to the need for a new system-wide focus on access to justice in Canada,” noted Trinda Ernst.
“Your contributions not only benefit all Canadians, but specifically women in the legal profession. You have become our role model ‘par excellence’,” added Trinda Ernst.
In 2009, Daphne Dumont received the Governor General’s Award in commemoration of the Person’s Case. She earned her law degree at Oxford University in 1976, where she was the first woman admitted to study law at Wadham College. The third woman president of the CBA, she was the first from Prince Edward Island. Daphne Dumont was President of the PEI Branch (1986-1987) and was a member of the National Task Force on Gender Equality in the Legal Profession (1991-1993), which produced the landmark report on Gender Equality in the Legal Profession. She was named Queen’s Counsel in 1995 and was a founding member of the Women’s Legal Education and Action Fund (LEAF).
NEWS
CLEBC Update
TRANSITION TO THE NEW FAMILY LAW ACT
The long-awaited Family Law Act (Bill 16) received Royal Assent on November 24, 2011. The Act will come into force by regulation (with a few exceptions; for instance, parental support (s. 90) and property agreements (s. 120.1) are repealed on Royal Assent). When in force, the Family Law Act will repeal the Family Relations Act and introduce some new concepts, including:
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Emphasizing responsibilities to children with concepts of “guardianship,” “parental responsibilities,” and “contact with the child” and eliminating the concepts of “custody” and “access”
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Extending the property division regime to unmarried persons who qualify as spouses
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Adding family violence to the list of considerations of the best interests of the child
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Clarifying issues of parentage in cases of assisted reproduction
The Act is available on the B.C. legislature’s website at www.leg.bc.ca. We will keep you up-to-date on any news about the in force date of the Act.
CLEBC will be working hard to provide a full range of courses and materials to assist you in transitioning to the new Act. Watch for upcoming introductions to the new Act on CLE-TV and a Family Law Transition Guide.
For further information, contact CLEBC customer service at 604-893-2121, or visit the CLEBC website at www.cle.bc.ca.
Health & Wellness TIP
Making Food a Priority
Choosing healthy food items to eat is often harder than we think. Especially if you are tired, hungry and/or travelling long hours. If you are on a plane, your choices are limited. Further, depending upon what city or country you live in, your choices are limited. Be sure that you are getting adequate amounts of protein in your diet. If you are concerned that this is lacking, take along snacks that are protein rich and easy to consume. Having healthy snacks at your fingertips might just help you to make the choice to eat those, rather than rely on “fast” food options found on the run.
COURTESY OF PPC CANADA www.ppconline.info
Initiative makes REAL Impact
Commenced in 2009, the Rural Education and Access to Lawyers Initiative (REAL) is a coordinated set of programs intended to address the current and project shortage of lawyers practicing in rural areas and small communities in British Columbia. The passing of 2011 to 2012 marks three years of operation of the REAL Initiative and provides a brief opportunity for reflection on the success of this innovative project.
Perhaps the most impactful aspect of the Initiative has been the summer student program that provides funding and support to lawyers and law firms throughout the province to hire summer students. Since its launch, the program has provided summer placements for 52 students in locations throughout British Columbia. These students have not only learned the benefits of small town practice and contributed their services to the communities in which they summered, but approximately 50 per cent of them have returned to these communities to complete their articles. In addition to the summer student program, the REAL Initiative has also made a significant impact by changing the dialogue around small town practice and lawyer succession in these areas.
The success of the Initiative is in no small part the result of the participant lawyers in small communities and the students who join them. As the Initiative looks forward to another impactful year, all lawyers and students with an interest in participating in the Initiative are encouraged to visit the REAL website for further information.
Mediation TIP
Create a Collaborative Climate
Leave the “adversarial hat” at the door and instead become the “wise advisor.” Prepare your client in advance by explaining the stages of mediation (opening, identifying and exploring the issues, creating an agreement). Advise your client that although your client may not agree with the other party’s perspective and may even find it unpleasant, listening to the other side and being listened to in turn leads to workable options for resolution.
COURTESY OF MEDIATE BC SOCIETY www.mediatebc.com
ACTS IN FORCE
Current from November 2, 2011 to December 27, 2011
Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclusively at www.cba.org/bc.
HEALTH STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 19 (BILL 26)
Section 32, insofar as it enacts section 13.1(5) of the Pharmacy Operations and Drug Scheduling Act, is in force February 1, 2012
INSURANCE AMENDMENT ACT, 2009, S.B.C. 2009, C. 16 (BILL 6)
Act, except section 4 insofar as it enacts section 2.3 of the Insurance Act, section 13 insofar as it repeals section 28 of the Insurance Act, section 14 insofar as it enacts section 28.6 of the Insurance Act, section 101, section 111(b) and section 112, is in force July 1, 2012
MISCELLANEOUS STATUTES AMENDMENT (NO. 2), 2010, S.B.C. 2010, C. 6 (BILL 11)
Sections 8, 10(a) and 11 are in force December 2, 2011
MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 3), 2010, S.B.C. 2010, C. 21 (BILL 20)
Sections 189 and 191 are in force January 2, 2012. Sections 180 to 188 and 192 are in force January 30, 2012
MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2011, S.B.C. 2011, C. 13 (BILL 13)
Section 33 is in force December 14, 2011
STRATA PROPERTY AMENDMENT ACT, 2009, S.B.C. 2009, C. 17 (BILL 8)
Sections 7(c), 12 (b), 15 and 33(a) and (d) are in force December 14, 2011. Section 12(a) is in force January 1, 2014.
TEACHERS ACT, S.B.C. 2011, C. 19 (BILL 12)
Act is in force January 9, 2012
YALE FIRST NATION FINAL AGREEMENT ACT, S.B.C. 2011, C. 11 (BILL 11)
Section 20 is in force December 31, 2011. Sections 34 to 39 are in force December 31, 2011