CBA Wins Enduring Power of Attorney Extension
After a long campaign to educate MLAs, government bureaucrats and the public, the CBABC was pleased to receive notice that the government has extended for a second time the deadline for rescinding enduring power of attorney. Enduring powers of attorney will remain an option until September 1, 2002.

The CBABC has long argued that Representation Agreements should not replace enduring powers of attorney, and that powers of attorney should remain an option in BC. “We are pleased that the deadline has been extended, and we hope that this will provide the Government with an opportunity to engage in some sober second thought concerning BC’s new guardianship legislation,” said CBABC President Margaret Ostrowski, QC.

Special thanks to the Government Relations Committee, MLA Network volunteers, and the joint committee of the CBABC Wills & Trusts Sections, and in particular to Carmen Theriault of Bull Housser & Tupper. All lawyers are asked to ensure that individual MLAs are briefed and up-to-date on this important issue.


CBABC Prepares for Change in Government
The BC Liberals have announced their intention to revitalize the legislative committee system in BC. This is good news for organizations such as the CBABC. It will encourage discussion on pubic policy and legislative matters touching on the many and varied interests of the Branch and profession.

The BC Liberals also announced that they intend to have their own committees to hear from members of the public. Five committees (all composed of BC Liberals) are to be established as follows: Health; the Economy; Communities and Safety; Government Operations; and Natural Resources.

Contact CBABC Government Relations Chair Carman Overholt at (604) 622-5265 if you have any questions or input regarding the Branch’s government relations initiatives.


Underinsured Motorist Protection Regulation Amendments
The Automobile Insurance Committee has identified some problems with the application of the UMP Regulations to various situations resulting in stalemates or difficulties proceeding with matters or obtaining a satisfactory result on behalf of clients. If members have experience in dealing with the regulations, either positive or negative, or have any suggestions regarding amendments to the Regulations to make them fairer or procedurally more workable, kindly contact the Committee with your suggestions at Automobile Insurance Committee c/o Canadian Bar Association – BC, fax 604.669.9601 or toll free 1.877.669.9601 or email cba@bccba.org.


New Millennium, New Directory! Bigger format, and CD-ROM
In response to member input, we are making some dramatic changes to the CBABC Lawyers Directory. First, we are increasing the size of the Directory to allow us to increase type size and make it easier to read and use. We’ll keep the coil binding – people seem to like that a lot. We’ll keep the same categories of information, and all the important resources and court information you find so valuable. And this year, for the first time ever, we will be giving you the opportunity to have all this information available and searchable on CD-ROM.

Electronic access has long been our goal, and our members have been very clear that this is the year they expect to see it come to fruition. We have a professional CD production firm creating the new product, developing a searchable disk in easy-to read format that is compatible and fast on any computer it’s run on. We’re very excited about this new product, a logical extension of our current members-only access to our online database (if you haven’t yet checked it out, go to www.cba.org/BC, enter your CBABC member number as your user name and ‘welcome’ as your password).

We expect to sell out of the Directory this year, so please take a moment to fill out your order form now – it’s included with this BarTalk, and available online at the Web site or by calling the CBABC Office at 1.888.687.3404. Watch for your Directory proof coming next month, and your brand new 2002/2003 Directory at the end of December.


Burning Question
“Nearly all media refer to “Crown Attorney”, whereas BarTalk refers throughout to “Crown Counsel”. My personal preference by far is Crown Counsel, for it is my impression that the phrase Crown Attorney is a perversion of the American phrase “Attorney”. Would someone please enlighten me as to the proper name for a counsel who represents the Crown?”- Neil Davidson, Vernon

BarTalk was delighted to receive the following reply from Mr. Gregory S Pun

I am responding to the “Burning Question” submitted by Mr. Davidson in BarTalk (April 2001) Vol 13, No 2, re: the proper title for “Crown Counsel”.

I expect that the correct title is ‘Crown Counsel”, and not “Crown Attorney” or anything else. I base this on the existence of the Crown Counsel Act, R.S.B.C. 1996, c. 87, which provides for the appointment of lawyers as Crown Counsel.

I suppose that we use the word “Crown” as a short form, which is probably perfectly acceptable though, like all short forms, not entirely technically correct.

Gregory S Pun

Thanks to Mr. Gregory Pun for answering the Burning Question call; for doing so he received a CBA mug brimming with chocolate-covered espresso beans and other goodies.


Cameras in Court and Chambers Practice
The Honourable Chief Justice Brenner issued a media release in April regarding the televising of court proceedings. The release states that the Court has agreed:

“There shall be no broadcasting, televising, recording or taking of photographs in the courtroom, or areas immediately adjacent thereto, during sessions of court or recesses between sessions, unless the parties to the proceeding consent, and unless prior permission has been expressly granted by the presiding judge, following application upon timely notice to the parties, and subject to such conditions as the presiding judge may prescribe to protect the interests of justice and to maintain the dignity of the proceedings.”

A Notice to the Profession regarding changes to chambers practice was issued by the Honourable Chief Justice Brenner on April 19, 2001. The changes contain many of the positive aspects of Rule 65, the pilot project introduced in Vancouver on February 3, 1997. The Notice to the Profession is available at www.cba.org/BC. The practice direction in the notice addresses those aspects of the scheduling of chambers applications not completely addressed by the Rules of Court. Accordingly, it should be read in conjunction with the amendments to the Rules.

The April 19 Notice to the Profession, Practice Direction document, and Short Leave Praecipe form are all available at www.cba.org/BC.


Tip of a Disturbing Iceberg
The Stats Canada data indicates that when balanced out for all other factors, women lawyers received only 75 per cent of what male lawyers are paid. Over 55 per cent of the first year law students last year at UBC were women, and over 60 per cent at UVIC. Statistics from the Law Society show that the proportion of female practicing lawyers has grown from 21 per cent to nearly 29 per cent over the past decade. However their statistics also indicate that women tend to leave the profession at a much greater rate than men with the result that over two-thirds of the profession remains male even though for the past decade there have been approximately equal numbers of male and females in articling positions.


Volunteer Legal Advocacy Program
The Multiple Sclerosis Society of Canada, BC Division has recognized the need for legal advocacy and support for its members. MS can be a debilitating and unpredictable disease and the Society’s members are often faced with a variety of legal challenges involving human rights, income security and family law.

The Volunteer Legal Advocacy Program will provide an organized delivery system with legal professionals and advocates who are dedicated to supporting unique needs of our members. The goals of the VLAP are to make legal information and advocacy support available by telephone, e-mail and in person to people with multiple sclerosis on Vancouver Island, the Lower Mainland and Kamloops.

If you are interested in volunteering your services or if you know someone with MS who would benefit from this Program, contact the MS Society at 604.689.3144 or 1.800.268.7582.


Web-Based Research Guides
The BC Courthouse Library Society (BCCLS) prepares resource guides on current topics, available free on their website (www.bccls.bc.ca). Follow the Publications link, to the Free Publications heading. Three of the most recent guides are: Adult Guardianship Legislation; Residential Tenancy Law; Rules of Court. The guides provide some or all of the following information, as appropriate:

• background and history of the topic;
• links to the full text of related legislation;
• links to Web sites which offer complementary information; and
• related materials on the topic held in their collections.

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.


New Unreported Decisions Collection
The Vancouver Courthouse Library now has a collection of over 14,000 historic unreported decisions, dating from 1969, from the BC County Court, Supreme Court of BC, and BC Court of Appeal. The BC Courthouse Library Society (BCCLS) is the only service to offer these full-text decisions in print (the registry destroys decisions older than 15 years). The decisions are indexed by case name, date, judge’s name, and registry number.

For copies, please contact the BCCLS at 604.660.2841 or 1.800.665.2570. The charge is $0.60 per page.

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