Crown Counsel Get a Deal: Last minute negotiations avert job action
It’s been an exciting time to be a Crown Counsel – first, a two-day study session February 14 & 15, when negotiations with government failed. Media attention focused on cases which were dismissed in those two days, but the government still refused to budge. A new Premier was annointed, a new Attorney General appointed, and a new deadline loomed for job action: Monday, March 27.

On Thursday, March 22, while Crown Counsel Association (CCA) representatives were at the negotiating table, they were served notice that the government was seeking an injunction to prevent Crown Counsel from taking job action on Monday. Crown Counsel were “outraged and upset” at the government’s action. Negotiations continued.

By 11 pm Thursday, a tentative agreement had been reached. Crown Counsel, perhaps in part reacting to the government’s injunction application, voted down the deal Friday morning. The injunction application was heard at 2 pm that afternoon, and the judge reserved judgment until Monday morning.

Over the weekend, the two parties kept trying to reach an agreement. Finally, an acceptable solution was put to the members, and got 93 per cent acceptance by the 300+ Crown Counsel who could be located on Sunday. On Monday morning, the injunction application was dismissed by consent.

Now the real work begins. The agreement is basically identical to what was proposed by mediator Stephen Owen, QC. The Crown Counsel Association will be recognized by statute as the bargaining agent for Crown Counsel. Arbitration will begin as soon as possible on all issues which have been outstanding since the last agreement with government terminated two years ago.

Both sides have agreed to Don Munroe, QC as arbitrator. The results will not be binding, but if the government rejects the decision the Attorney General, on behalf of the government, will be required to table in the Legislative Assembly both the arbitration decision and the government’s reasons for rejection.

Hats off to Wendy Stephen, Shirley Pederson, David Jardine and all the other Executive of the Crown Counsel Association who worked hard on behalf of members to get a fair deal and a better labour relations process for the future.


The Benevolent Fund Board
The Benevolent Fund Board presently consists of: Chair, Terry La Liberté, QC; Vice-chair The Honourable Judge Gary Cohen; Georgialee Lang; The Honourable H A D Oliver; Basil Hobbs; John Waddell, QC; James Herperger; and Herman Seidemann. Willam Sullivan, QC represents the Law Society and has (by virtue of clever manipulation) been tricked into assuming the role of society solicitor. Paul Beckman, QC assists with his brilliance in investing our capital (and more importantly allows us the use of McCarthy Tetrault’s boardroom for our meeting whereat he is the only one who can operate the conference call machinery). Carol Brown from Prince George is the CBA representative and contributes her training as a CGA to keep our books in order. Debra Van Ginkle represents the Lawyers Assistance Program and acts as our erstwhile secretary. She also heads the committee that vets applications for assistance.


The Bar Benevolent Fund Society: Report from the Chair
by Terry La Liberté QC

A few years ago, the idea of forming a Fund to assist lawyers who were down on their luck resurfaced at the urging of Al Bates, QC (God rest his soul) and a few of our colleagues who had been helping others more or less on their own in their counties. I was asked to put together such a group with Gary Cohen, QC (as he then was) on behalf of the CBA. We were jump-started by a gift from the Kootenay Bar Association. It seems they had raised several thousand dollars to assist one of their members, and as is usually the case in our profession, the generosity of donations exceeded the money required. The BC Branch sponsored our incorporation and has continued to assist in offering staff and resources to keep our administrative costs negligible.

We had no difficulty in gathering together lawyers who shared our concerns and enthusiasm for the project. I asked a cross-section of prominent lawyers from around BC to assist, and all accepted (see side column).

Two years ago we were pleased with the response we received to our request for funds from the members of the Law Society. The initial $20 assessment passed at the Annual meeting and was followed the next year by an $80 assessment. This brought our capital account to slightly less than $1,000,000. These monies are kept in reserve and we only use the interest, except in extreme circumstances. While we are pleased with accumulating this nest egg so quickly we consider it, however, but a good start. We ask all lawyers to consider the Benevolent Fund as a worthy focus for fund raising efforts. Last year, the Vancouver Bar Association supported us at their annual Golf Tournament raising around $15,000 in an afternoon. Recently we directed monies raised through the Fund to assist a colleague’s family in their time of grief. I don’t intend to list the many gifts, loans and financial assistance the Fund has provided except to say that we have expended several thousand dollars to date and would like to be in a position to assist all who are referred to us. To do that, we require your ongoing support.

You have probably received an application form for an MBNA MasterCard Affinity Card. We would encourage you to apply and use it. Every purchase returns money to us. About 45 members signed up immediately and within 4 months we’ve already received around $400. Not a large amount, true, but it could be significant if more of us participate.

I would also invite each of you to the first Annual Benevolent Fund Gala at the Vancouver Art Gallery on April 28, 2000 (see BarTalk insert). It will be a Murder Mystery and Trial presided over by special guest Madam Justice Beverly McLachlin. We hope to make this event a tradition. It is an opportunity for us to participate in helping our less fortunate colleagues and their families and to maintain the collegiality by which our BC Bar is known.

Terry La Liberté QC is the chair of the Benevolent Fund Society.


BC Courthouse Library Society
In recent months the BC Courthouse Library Society has been expanding the content of its website. One section you might want to investigate is “What’s New”, where you can check for recent federal and BC proclamations and current SCC decisions, or find mention of notable cases, reports or additions to the library collection. We also highlight new developments concerning the courthouse libraries and, of course, additions to our website, such as new links. Visit the library’s website at www.bccls.bc.ca.


Lawyers Assistance Program
The Lawyers Assistance Program Office is located at 415 - 1080 Mainland Street, Vancouver.

The Options for Lawyers workgroup meets the third Wednesday of each month at 12:15 pm at the LAP office.

The Women Lawyers Support Group meets the first Wednesday of every alternate month at 12:15 pm at the LAP office. Contact the LAP office for the next meeting date.

“Lawyers in AA” meetings occur:

• every Wednesday at 5:30 pm at Christ Church Cathedral, in Vancouver,
• every Thursday at 12:30 pm at the LAP office, and
• every Thursday at 5:45 pm in New Westminster.

For information on location, call (604) 685-2171.

We have a lawyers Accountability Group which meets Thursday at 5:45 pm at the LAP office.

We have a Co-Dependents Anonymous group which meets Monday at 5:30 pm at the LAP office.

These articles were published in the April 2000 issue of BarTalk. © 2000 The Canadian Bar Association. All rights reserved.