ANNOUNCEMENT
New Chief Justice of the Supreme Court of British Columbia
The Honourable Robert J. Bauman, formerly of the Court of Appeal of British Columbia, has been appointed Chief Justice of the Supreme Court of British Columbia. He replaces The Honourable Chief Justice Donald Brenner, who retired on September 7, 2009.

Chief Justice Bauman was appointed to the Supreme Court of British Columbia in 1996 and elevated to the Court of Appeal of British Columbia in 2008. He has been a member of the Provincial Attorney General Rules Committee since 2004 and Chair of the Supreme Court civil law committee since 2005.

Chief Justice Bauman completed a Bachelor of Arts (BA) from the University of Western Ontario in 1971 and Bachelor of Laws (LLB with Honours) from the University of Toronto in 1974. He was an associate and partner with Wilson, King Co. in Prince George, British Columbia from 1975 to 1977, and a partner with Wilson, Bauman in Kelowna, British Columbia from 1977 to 1981. He practised with Bull, Housser & Tupper in Vancouver, British Columbia from 1982 to 1996, just prior to his appointment to the Supreme Court of British Columbia.

COMMITTEE UPDATE
Planned Goals for 2009-2010 for the Equality & Diversity Committee
The Equality & Diversity Committee is looking forward to a productive year. The Committee will review, analyze and present recommendations to the CBABC Executive Committee on three key issues:

Overcoming Barriers to CBA Leadership, Feb. 2009 – The Committee will review, analyze and consider possible means to attract and increase the involvement of visible minorities, gays and lesbians, and persons with disabilities to CBA leadership roles and make recommendations, if any.

The Business Case for Retaining and Advancing Women in Private Practice in British Columbia, Law Society of British Columbia, July 2009 – The Committee will review, analyze and consider whether the Business Case encompasses equality and diversity perspectives and make recommendations, if any.

Addressing Discriminatory Barriers facing Aboriginal Law Students and Lawyers.

The Committee will identify and formulate practical action items to address barriers faced by Aboriginal lawyers, articled students and law students.

Other Activities for 2009-2010
The Equality & Diversity Committee will also recommend nominees for the CBABC Equity & Diversity Award and submit articles to BarTalk for publication.

Please contact Jennifer Chow, Chair, at jennifer.chow@justice.gc.ca or any member of the CBABC Equality and Diversity Committee with your suggestions or questions.

PROVINCIAL NEWS
Land Title and Survey Authority: LTSA’S “Old” Title Search and Document Retrieval System Retiring on January 3, 2010
Customers selecting the BC OnLine menu option “Land Title and Survey Authority” now access the LTSA’s new Title Search and Document Retrieval and Electronic Filing System (www.ltsa.ca/electronic-filing-system) services in one place. Access to the old search system and 3270 emulator search screens will no longer be possible after January 3, 2010.

Reminder
The Land Title and Survey Authority’s Electronic Filing System Training qualifies for two hours of Continuing Professional Development Credits.

NATIONAL NEWS
CBA Says Proposed Anti-Spam Legislation is Overbroad
The CBA fully supports the government’s efforts to combat unsolicited commercial email messages, but raises a number of concerns with Bill C-27, the Electronic Commerce Protection ACT (ECPA), including its overbroad approach and overlap with existing regulatory schemes.

“Parliament should reconsider its general legislative approach in the ECPA by directly targeting only that conduct that results in abusive communications, rather than introducing an entirely new regulatory regime for electronic communications,” says the CBA in its submission letter to the Commons Committee on Industry, Science and Technology.

www.cba.org/CBA/News/2009_Releases/2009-09-28-AntiSpam.aspx

CBA Welcomes Extension of EI Benefits to Self-Employed Persons
The Canadian Bar Association commends the federal government for introducing Bill C-56, Fairness for the Self-Employed Act, that would extend Employment Insurance (EI) special benefits, including maternity and parental leave benefits, to the self-employed.

“The CBA wholeheartedly welcomes a system of special benefits that treats all families equally regardless of whether parents are employed or self-employed,” says CBA President Kevin Carroll of Barrie, Ontario. “The new program will also enhance the contribution of women professionals and entrepreneurs to the Canadian economy.”

Self-employed parents will now be entitled to the same special benefits as employed persons, based on their net self-employment income as shown on their past year’s tax return, if they opt in and pay EI premiums for a year. The CBA has advocated for the extension of EI maternity and parental benefits for the self-employed since 1995, stressing the negative effect the absence of such provisions has on women. The CBA notes that studies have shown that there are fewer women than men who are self-employed, and that professional women delay having children (if they do at all).

Two Interventions at the Supreme Court of Canada
The CBA intervened in two cases heard by the Supreme Court of Canada in November. In R. v. Cunningham the Court considered a number of important and at times conflicting rules which guide counsel’s right to withdraw from a criminal case. The requirement that counsel explain why they must withdraw will inevitably touch upon matters protected by solicitor-client privilege. The CBA argues that courts should sparingly use their power to compel lawyers to act and should generally presume that counsel adhere to rules of professional conduct.

In Prime Minister v. Khadr, the CBA says that the refusal to request Khadr’s repatriation is a continuation of the government’s conduct, which began when Canadian officials gained access to interrogate him in circumstances that violated his international human rights. The CBA has a long-standing interest in ensuring due process under law. Given the circumstances of the Khadr case, the CBA has argued that it can best be accomplished by repatriating him to Canada.

www.cba.org/CBA/news/2009_releases/2009-10-28_SCC_Interventions.aspx

New Media Marketing: Update to Code of Professional Conduct
In the past, your shingle on Main Street let passersby know you were available to take on their legal work. Today, millions of potential clients can find you with the click of a mouse. What rules apply to lawyers who use the Internet to seek out clients?

The CBA’s Ethics and Professional Responsibility Committee presents a new report interpreting the CBA’s Code of Professional Conduct in the context of new media. The report covers everything from email tag lines to blog etiquette to web-based lawyer referral services.

Laptop Searches at the Border: New U.S. Guidelines
Anyone who regularly travels to the U.S. on business should be aware of the U.S. Department of Homeland Security (DHS) guidelines announced on August 27, 2009, which detail what constitutes a lawful search and the process governing devices that are searched and/or detained at the border. Canadian law firms should also consider adopting some standard procedures for how sensitive data, if any, should be stored on electronic devices used on business trips.

More on New Guidelines: www.cba.org/CBA/PracticeLink/TAYP/laptopborderupdate.aspx

UPDATE
CLEBC Update: CLEBC Gearing Up to Educate B.C. Lawyers on the New Supreme Court Rules
April 29 and 30, 2010 – A comprehensive two-day program on the Supreme Court Civil Rules, co-chaired by Master William McCallum and Mr. Justice Malcolm Macaulay, will cover conferences, case planning, trial management, judicial settlement, discovery, expert evidence, expedited litigation, and costs.

April 16, 2010 – CLEBC’s full-day course on the new Supreme Court Family Rules. Co-chaired by Mr. Justice Brian Joyce and Dinyar Marzban, QC, the program will cover the new forms, the new process for applications, experts, discoveries, and more.

CLE-TV – online noon-hour preview of the new rules. March 16, 2010 – Family Rules presented by Mr. Justice Brian Joyce and Dinyar Marzban, QC. March 30, 2010 – Civil Rules presented by Mr. Justice Malcolm Macaulay and Donald Brenner, QC.

Civil Rules Transition Guide – the Civil Rules Transition Guide scheduled for February, 2010 release will include an overview by Donald Brenner, QC, the complete text of the Civil Rules annotated, and a Table of Concordance.

Further information on CLEBC publications and courses is available from CLE customer service at 604-893-2121 (toll-free in Canada at 800-663-0437) or at www.cle.bc.ca.

WANTED
Heroes Amongst Us: BarTalk Wants Your Stories About Outstanding B.C. Lawyers
The pages of BarTalk, distributed to every lawyer in B.C., are the ideal place to recognize lawyers whose exceptional contributions to their profession and their community raise the bar for all of us. In 2010, BarTalk’s Legal Heroes series will feature stories, written by you, about your fellow professionals. In 250 words, please help us spread some good news stories about the exceptional lawyers in this province. Please send your submissions to bartalk@bccba.org.

These articles were published in the December 2009 issue of BarTalk. © 2009 The Canadian Bar Association. All rights reserved.