Annual
Report
2005 ⁄ 2006
www.cba.org/bc
PRESIDENT’S REPORT
MARGUERITE (MEG) SHAW
THE YEAR IN REVIEW
MEMBERSHIP AND FINANCES
Commerce in February, 2006.
Our volunteers and staff have
The case of Dugald Christie v.
B.C. (Attorney General) moved
continued with focused efforts
aimed at membership retention
through the Court of Appeal.
and renewal. The membership
Leave has been granted by the
numbers in B.C. have increased
Supreme Court of Canada for an
about 1 per cent over last year at
appeal and cross appeal [S.C.C.
this time, and the B.C. Branch
File No. 33124]. The CBA is
did better than any other Branch
applying for intervener status.
in recruiting law students. The
Pro bono counsel for the interBranch finances are in good
vention is the firm of Camp
Marguerite (Meg) E. Shaw
shape and recognition should be
Fiorante Matthews, who are also
President 2005/2006
given to the staff for the trementhe counsel for the CBA Civil
B.C. Branch
dous job they have done this year.
Legal
Aid
Constitutional
Canadian Bar Association
The B.C. Branch has made some
Challenge case.
difficult decisions, and continues
LEGAL AID
to provide excellent services to the membership
In June, 2005 the CBA filed a Statement of Claim
while paring down expenditures, including taking
in BC commencing a Civil Legal Aid
steps to reduce the number of Council positions and
Constitutional Challenge Case. The government
Executive Committee positions. We are ending the
defendants brought motions to strike the claim
year with a small surplus.
which were argued in June 2006 and judgment is
reserved.
PROVINCIAL TAX ON LEGAL SERVICES
The B.C. Branch continues its campaign for the
JUSTICE REVIEW TASK FORCE
removal of the provincial tax on legal fees. This
The B.C. Branch continues to provide important
campaign has been led by a Task Force with reprerepresentation on the Justice Review Task Force
sentation from across the province. During this last
(JRTF). Four significant projects have been initiatyear, the campaign has received increasing profile
ed by the JRTF: the Family Justice Reform
as the media become more aware of the issue. The
Working Group; the Street Crime Working Group;
B.C. Branch presented a written submission to the
the Civil Justice Reform Working Group; and the
Legislative Standing Committee on Finance and
Mega Trial Working Group. The B.C. Branch has
Government Services in October, 2005. During the
a representative on the JRTF as well as representapast year, meetings were held with MLAs and
tives on each of the four projects.
Cabinet Ministers to provide information about the
harm of the tax in terms of access to justice and parGOVERNMENT RELATIONS
ticularly the harm to business competitiveness. The
In November of 2005, the B.C. Branch proposed
report by economist Dr. Roslyn Kunin on the
draft legislation to the government for the proteceffects of the tax on legal fees and its impact on
tion of RRSPs from creditors, entitled The
business was publicly released with a joint release
Registered Plan (Retirement Income) Act. The draft
by the B.C. Branch and the B.C. Chamber of
legislation was forwarded to Cabinet Ministers and
2
ANNUAL REPORT 2005⁄ 2006
we continue to meet with MLAs with the goal of
raising the profile of the draft proposal. This initiative is important for RRSP protection for all self
employed business people in B.C., including professionals such as lawyers, accountants, and engineers,
as well as all self employed small business owners.
Submissions to the Government from the
Branch included: the Administrative Law Section's
submission on Bill 27; the New Westminster
Family Law Section submission in response to the
Family Justice Reform Working Group Report to
the B.C. Justice Review Task Force; the Equality
Committee's submission to the Attorney General
on racial profiling; and Family Law Sections are
currently meeting to prepare a submission in relation to a review of the Family Relations Act.
Following two years of advocating 'behind the
scenes' for a change in the Personal Information
Protection Act, legislation was passed allowing solicitor's liens to remain an exception to the disclosure
generally required by that Act.
EQUALITY INITIATIVES
The Equality Committee is collaborating with the
Law Society of British Columbia's Equity and
Diversity Committee on how lawyers can promote
equality in the profession. Our committee continues to be highly engaged in activities such as reporting on a comparison of the professional development offerings of B.C. and other jurisdictions,
identifying gaps in mentorship programs in B.C.,
and researching ethical commitment programs for
law firms outside of B.C. for possible application
here.
The CBABC Women Lawyer's Forum had a
spectacular year. The keynote speaker for the
January 2006 signature event was The Right
Honourable Chief Justice Beverley McLachlin.
There were 380 attendees at this successful, soldout event. In June of 2006, the Women Lawyer's
Forum hosted another outstanding event with
keynote speaker Dr. Martha Piper, President and
Vice-Chancellor at UBC.
BAR EVENTS
On an annual basis, the Branch hosts a meeting of
the presidents from the local and county bars from
across the province. This year the meeting was held
the day before our Provincial Council meeting in
January, 2006. Sixteen presidents or delegates
attended. Presenters included Chief Justice Lance
Finch of the Court of Appeal, Chief Judge Hugh
Stansfield of the Provincial Court, Attorney
General Wally Oppal, QC, Deputy Attorney
General Allan Seckel, QC, President Robert
McDiarmid, QC, and Chief Executive Officer Tim
McGee of the Law Society of British Columbia.
Attendees also included many representatives from
other partners in the justice system such as the
Legal Aid Society, Courthouse Library Society,
Continuing Legal Education Society and the law
schools. The event concluded with a reception
attended by Chief Justice McLachlin and her husband.
The annual Bench and Bar Dinner, hosted by
CBABC and the Law Society of British Columbia,
continues to be a well attended event. For the second year, Kelowna hosted a Bench and Bar dinner
on the same evening, with an audio connection
with the Vancouver event for the first part of the
program.
OTHER ACTIVITIES
Law Week was held in several locations across the
Province. In Vancouver, Victoria and Kelowna,
major events were held at courthouses, including a
Citizenship Ceremony at two of the locations.
This last year the close working relationship
between the Yukon and B.C. Branches was
strengthened. The two Branches cooperated so that
Yukon lawyers are now included in the B.C.
Directory, and the B.C. Branch assisted the Yukon
with its website development.
CONCLUSION
Looking back on the year, the B.C. Branch has been
very busy with its ever evolving role as advocate for
the profession. The B.C. Branch continues its commitment to develop ongoing marketing programs,
work with Sections, build on positive relations with
current members and continue to prioritize staff
resources to ensure Branch programs remain
responsive to the needs of our lawyers. Looking
ahead to the coming years, the future is inviting
and exciting with a strong Branch prepared to
manage the challenges to come.
2005⁄2006 ANNUAL REPORT
3
EXECUTIVE DIRECTOR’S REPORT
FRANK KRAEMER, QC
WE ARE A STRONG AND VIBRANT BRANCH
I
welcome this opportunity to
report to the membership on
the work of the Branch.
BRANCH PROGRAMS AND
SERVICES
al mailings to members and nonmembers reminding them of the
work undertaken by the CBA at
the National and Branch levels.
Because the Branch is small,
operates as a not-for-profit, has
few opportunities for advancements and operates in a very
competitive labour market, we
saw a significant staff turnover in
this year. Nevertheless, the
Branch has recruited new, very
capable staff who will provide
top-notch service to our members.
During this fiscal year, we continued to focus on fine-tuning our
programs and services to members to ensure that members are
receiving what they want and
what they value. For example,
we presented new opportunities
Frank Kraemer, QC
to members practising outside of
Executive Director
larger centers to participate by
B.C. Branch
Canadian Bar Association
conference call in Section meetings. There is a growing interest
in members availing themselves of this opportunity.
ACCOMPLISHMENTS
As well, we refined our policy with respect to
The Branch also undertook additional projects and
emails to members and developed CBA News &
initiatives. The Shared Articles Registry was develJobs, a weekly electronic newsletter to members.
oped in conjunction with the Law Society of British
At the present time, members only receive one
Columbia, as well as the Faculties of Law at the
news e-mail per week from the Branch, unless
University of British Columbia and the University
there are extraordinary circumstances.
of Victoria. Secondly, Past-President Robert Brun,
QC chaired a working group to review the comFINANCIAL MATTERS
pensation paid to the Branch President. At the conAlthough Council approved a deficit budget of
clusion of the review, Council decided that no
close to $200,000 for this fiscal year, the financial
change ought to be made to the Presidential comstatements in this report show that the Branch conpensation at this time, but that it ought to be furcluded the year with a very small surplus. This was
ther reviewed in two or three years.
not as a result of the cutback in services to members, but rather as a result of increased revenue as
LOOKING TO THE FUTURE
well as prudent spending practices. During the
Throughout the course of this year, the Branch parcourse of the year, Council also reviewed and
ticipated in various aspects of the work of the
amended the Branch’s Investment Policy to align it
National Futures Committee and its report, Crystal
with current financial market realities.
Clear: New Perspectives for the Canadian Bar
Association. In particular, the Branch participated
CHALLENGES
in the Branch consultations and focus groups, as
Maintaining our membership base and recruiting
well as the National Futures Summit. The result of
new members continues to be a challenge. During
this forward planning presents an exciting new
the course of the year, Branch staff continued their
opportunity for the CBA and the Branch and I look
work with administrative staff in a variety of firms
forward to it.
around the Province, and the Branch sent addition4
ANNUAL REPORT 2005⁄2006
HONOURS
Honours
Georges A. Goyer, Q.C. Memorial Award
The CBABC Goyer Award was created to recognize exceptional contributions
to the legal profession, to jurisprudence or to the law in B.C. The award was
established in 1992 in memory of Georges A. Goyer, Q.C., a respected member
of the B.C. Branch who passed away after a courageous battle with cancer.
At the Bench & Bar Dinner, in the presence of more than 300 members of the legal profession, Darryl W. Roberts, QC, received the Georges
A. Goyer, QC Memorial Award, the highest honour the CBABC bestows.
Mr. Roberts, member and partner of Miller Thomson LLP in
Vancouver, was nominated for the honour by Wendy A. Baker, Allan
McEachern QC and Irwin G. Nathanson QC. His nomination was supported by numerous respected members of the legal community who
Darrell W. Roberts, QC
lauded his ‘scholarship, intellect, common sense, integrity and courage,’
Miller Thomson LLP
‘innovative teaching abilities,’ ‘professionalism,” and “tireless energy on
behalf of his clients.”
CBABC Vice President Frits Verhoeven, who chaired the selection committee, said “Mr. Roberts is one of
the most admired and respected senior trial counsel in the Province, and has argued many significant cases that
have shaped the law of the Province and of Canada. He is noted for the skill and determination with which he
represents his clients, while at the same time showing courtesy and fairness to the other counsel and parties. In
addition, Mr. Roberts has served for more than 30 years as an Adjunct Professor at the University of British
Columbia , has authored many important legal articles, and has been a regular contributor to Continuing Legal
Education programs.”
Lawyer Referral and Dial-A-Law
The Lawyer Referral Service provides referrals to participating
lawyers. This service is designed to encourage the public to meet
with a lawyer to find out if they have a legal problem. Lawyers registered in the Lawyer Referral Service agree to provide a consultation that can last up to 30 minutes for $25 plus taxes. A significant
number of these calls result in billable activity. In 2005/2006 there
were 53,254 calls answered resulting in 33,054 referrals. In the
Lower Mainland call 604-687-3221 or outside the Lower Mainland
1-800-663-1919 (B.C. access only).
Dial-A-Law is a library of scripts prepared by lawyers to provide
practical information on specific topics of law. Scripts are available in English, Punjabi and Chinese. This service
provides a convenient and easy way for members of the general public to learn about the law and the rights of
residents of B.C. More than 314,306 people accessed scripts on this highly successful program either by telephone
or website in 2005/06. The Dial-A-Law and Lawyer Referral public services are funded by the Law Foundation of
B.C. and operated by the CBA, B.C. Branch. In the Lower Mainland call 604-687-4680 or outside the Lower
Mainland 1-800-565-5297 (B.C. access only) or view scripts online at www.dialalaw.org.
2005⁄2006 ANNUAL REPORT
5
HONOURS
Community Service Awards
The Community Service Awards provide recognition to lawyers for “exceptional contribution to the life and wellbeing of his or her community.” After careful review, the following three lawyers were chosen to receive the 2005
CBABC Community Service Awards, in recognition that the actions of individual lawyers reflect on the entire legal
profession.
PETER BEHIE, NANAIMO
Leslie Sundby, Vice-President Board of Directors of the Nanaimo and District
Hospital Foundation (NDHF) praised “Peter’s tireless efforts in working with
staff, other volunteer board members, and the community to ensure that the
NDHF’s success is maximized. Peter exemplifies the heart and soul of fundraising
and indeed views philanthropy as an ethical responsibility of us all.”
PATRICK JULIAN, VANCOUVER
Patrick J. Julian
Koffman Kalef LLP
J. Najeeb Hassan, Vice-Chair of the Labour
Relations Board of B.C. summarizes Mr. Julian’s
community contributions: “Patrick has given his
time, energy and expertise back to the community
in such a manner as to warrant the recognition of
his peers. He has directly impacted countless girls
through coaching softball, soccer and basketball.
Patrick has and continues to be involved in the
artistic, cultural and religious aspects of his community.”
Peter C.P. Behie
Ramsay, Lampman, Rhodes
ELIZABETH LYALL, VANCOUVER
Elizabeth Lyall is described by Stevie Mitchell, Executive Director of the
Endeavour Society as being “involved in every aspect of the (Endeavour) event
from its concept to conclusion. It should be noted that at all times she also brought
endless enthusiasm and a great sense of humour to the table.” Elizabeth is also
actively involved in Big Sisters of Greater Vancouver, as well as York House School
and the York House School Alumnae Association.
Elizabeth B. Lyall
Fasken Martineau DuMoulin LLP
President’s Medal
Awarded by the CBABC president, this medal recognizes one or more of the following: legal academic proficiency, outstanding works of legal scholarship, significant
contribution to the profession, or noteworthy contribution to Canadian public life.
William T. Clarke
Kimmitt and Company
6
ANNUAL REPORT 2005⁄2006
William Thomas Clarke with the Kelowna law firm Kimmitt and Company
was the recipient of the 2005/06 President’s Medal. Marguerite (Meg) Shaw,
President of the Canadian Bar Association, B.C. Branch, commented,
“Throughout this past year, Mr. Clarke has gone above and beyond any expectation, taking on responsibilities that greatly assisted me in my “job” as president. He gave freely of his time and energy to ensure that the CBA was well
represented.”
Harry Rankin, QC Pro Bono Award
In recognition of the immense contribution of Harry Rankin, QC in supporting
access to justice for the poor, the CBABC established this award to recognize outstanding contributions by a member of CBABC in the area of pro bono work.
At the June 24, 2006 Provincial Council meeting, the late Dugald Christie
received the Harry Rankin, QC Pro Bono Award. The Honourable Chief
Justice Brenner has said that Dugald “has helped to make British Columbia a
beacon for other jurisdictions to look to in providing pro bono assistance.”
Dugald Christie was recognized for founding the Salvation Army Pro Bono
Program, as well as the Lower Mainland Society to Assist Research of Trials,
Dugald Christie
which later became known as Access Justice. He was the driving force behind
Access Justice
the Western Canada Society to Access Justice, which operates 60 free legal
advice clinics in B.C., staffed by over 400 volunteer lawyers. Dugald was also a key contributor on the recent
court challenge to the PST and GST on legal services, in which he has brought forward the claim, on behalf
of all lawyers and clients, that the tax is unfair and further bars access to justice to the poor.
Dugald Christie was struck and killed by a vehicle July 31, 2006 while biking to Ottawa on a cross-Canada
trip to advocate for the removal of provincial and federal taxes on legal services. “We are deeply saddened by
the loss of longtime CBA member and justice activist Dugald Christie,” said CBABC President Meg Shaw.
“We salute his passion for equal access to justice for all, and his extraordinary example of one lawyer’s dedication to the betterment of others’ lives.”
Equality and Diversity Award
This award celebrates the accomplishments of a CBABC member who has succeeded in advancing equality in the legal profession or generally in B.C. It recognizes significant contributions to improving the status of women, people with disabilities,
people of colour, Aboriginal people or peoples, lesbian, gay, bisexual, transgendered,
or two-spirited people or people, who are members of historically marginalized communities.
Anne Bhanu Chopra of Vancouver is the recipient of this award. Pamela
Egger, Senior Legal Counsel of the British Columbia Securities Commission
Anne Bhanu Chopra
summarized Ms. Chopra’s contributions by saying “Not only has her unremitting passion and energy advanced equality and increased recognition of diversity in our legal community through her individual efforts, but the results come in multiples by being passed
on through every person she meets.” Debra Van Ginkel, QC, Chair of the CBABC Women Lawyers Forum
Mentoring Program says that Ms. Chopra “has made great strides in bringing the values of equality and diversity to the profession through a number of creative avenues.”
Student Awards
The CBABC annually awards two $2,000 Student Awards to one law student at each of UBC and UVic who best
exemplifies CBABC ideals. Award criteria include student participation in activities supporting members of the
profession; promotion of justice and law reform; equality; and demonstration of public and community service.
The 2005 Student Award winners were Jamie Wood, a UVic law student and Sally Rudolf, a law student at UBC.
Award recipients are selected by law school and CBABC representatives.
2005⁄2006 ANNUAL REPORT
7
SECTION REPORTS
Section Chairs 2005 ⁄ 2006
This year 321 Section meetings were held. These various Section meetings were attended by
2,927 enrolled members. Within brackets, the first figure indicates the number of meetings
held, while the second figure indicates the number of members enrolled during 2005 ⁄ 2006.
ABORIGINAL – VANCOUVER (4:153) Kevin Gordon O’Callaghan
FREEDOM OF INFORMATION & PRIVACY LAW
ABORIGINAL - VANCOUVER ISLAND (8:69) Christopher G. Devlin
(6:167) Cappone D’Angelo
D. Lawrence Munn
GEN. PRACTICE - SOLO & SMALL FIRM (1:82) Anthony Young
HEALTH LAW
(2:110) Roselle Wu
HUMAN RIGHTS LAW
(4:189) Catherine Sullivan
Christopher McHardy
IMMIGRATION LAW
(9:148) Joshua Sohn
INSOLVENCY LAW
(8:138) Heather Ferris
INSURANCE LAW
(7:254) John Vamplew
INTERNATIONAL LAW
(6:118) Monique Pongracic-Speier
LABOUR LAW
(7:255) Gavin Marshall
LAW PRACTICE MANAGEMENT
(2:79) Neal Steinman
LEGAL RESEARCH
(7:96) Gregory S. Pun
MARITIME LAW
(8:72) Tom Hawkins
MUNICIPAL LAW
(6:164) Colleen Burke
NATURAL RESOURCES – FORESTRY
(3:99) William Garton
Kathryn Louise Deo
ADMINISTRATIVE LAW – VANCOUVER (3:215) Chilwin Cheng
ADMINISTRATIVE LAW – VICTORIA
(1:52) Brian Gifford
AIR LAW
(4:8) Kenneth Burnett
ADR – NANAIMO
(4:21) Stephen McPhee
ADR – OKANAGAN
(5:130) Robert Groves
Nancy Johnson
ADR – VANCOUVER
(10:56) Kari Boyle
ADR – VICTORIA
(6:57) M. Gwendolynne Taylor
BANKING LAW
(8:196) Richard Sarabando
BUSINESS LAW
(3:487) Ken Burgess
CIVIL LITIGATION – VANCOUVER
(7:508) Robert Holmes
CIVIL LITIGATION - VANCOUVER ISLAND (5:74) Barbara Flewelling
CLASS ACTION
(3:94) Luciana Brasil
COMMERCIAL & REAL ESTATE
- VANCOUVER ISLAND
(4:109) John van Cuylenborg
(4:107) David Spratley
CONSTITUTIONAL/CIVIL LIBERTIES
(1:86) Julie Owen
CONSTRUCTION LAW
(8:199) Dirk Laudan
CORPORATE COUNSEL
(5:199) Allison Crane
CRIMINAL JUSTICE – KAMLOOPS
(1:14) Kevin Church
CRIMINAL JUSTICE – NANAIMO
(1:15) Martin Screech
CRIMINAL JUSTICE – OKANAGAN
(6:18) Wendy Kavanagh
CRIMINAL JUSTICE - PRINCE GEORGE (1:16) Simon Wagstaffe
CRIMINAL JUSTICE – VANCOUVER
(8:172) Mitchell Foster
CRIMINAL JUSTICE – VICTORIA
(3:44) Susan Wishart
ELDER LAW
(3:117) Edward Macaulay
EMPLOYMENT LAW
(5:294) Simon Kent
ENTERTAINMENT LAW
(4:72) David Varty
ENVIRONMENTAL LAW
(5:185) Tanya Punjabi
Elizabeth Rowbotham
FAMILY LAW – KAMLOOPS
(7:24) David Dundee
FAMILY LAW – NANAIMO
(4:25) Kristin Rongve
FAMILY LAW – OKANAGAN
(5:46) Valerie Bonga
Cori McGuire
FAMILY LAW - PRINCE GEORGE
(1:20) Richard D. Bjarnason
Richard Tyo
FAMILY LAW – VANCOUVER
(5:218) Scott Booth
FAMILY LAW – VICTORIA
(5:90) Christine Stretton
FAMILY LAW – WESTMINSTER
(8:79) David Halkett
Mylene de Guzman
COMPUTER LAW
8
ANNUAL REPORT 2005⁄2006
PENSIONS, BENEFITS & COMPENSATION
(3:66) Catherine Graham
(6:42) Manjeet Chana
Jim Russell
PUBLIC SECTOR LAWYERS
(1:53) Catherine Hunt
Judith Payne
REAL PROPERTY LAW– OKANAGAN (2:42) Curtis Darmohray
Alaine B. Sutton
REAL PROPERTY LAW – VANCOUVER
(4:402) Scott Smythe
SECURITIES LAW
(6:203) Paige Leggat
SENIOR LAWYERS
(3:40) Carl Roland Jonsson
TAXATION LAW
(8:191) Douglas Powrie
WILLS & TRUSTS – OKANAGAN
(6:59) Stanley Thomas Rule
WILLS & TRUSTS – VANCOUVER
(8:351) James Baird
WILLS & TRUSTS – VICTORIA
(8:126) R. Bruce Hallsor
WOMEN LAWYERS FORUM
(4:316) Jennifer Conkie
POVERTY LAW
WOMEN RAINMAKERS - VANCOUVER ISLAND
(11:56) Kerry Simmons
Devon Windsor
YOUNG LAWYERS – OKANAGAN
(7:20) Sarah Bowes
Roger Mace
YOUNG LAWYERS – LOWER MAINLAND
(9:231) Marika Giles
Shahnaz Jamal
YOUNG LAWYERS – VICTORIA
(10:103) Sarah Klinger
Tim Livingston
Section Reports
A glimpse at a few of the Branch’s Sections
ABORIGINAL LAW SECTION
The Vancouver Island Section held eight meetings
during the year and hosted several representatives
of the provincial government as speakers.
Their October meeting concerned the
“Challenges of Running a Full-Scale Aboriginal
Title Trial in B.C. Supreme Court: Tsilhqot'in
Nation v. AGBC et al” with guest speakers Jack
Woodward, Lead Counsel for the Plaintiff; Chief
Roger William (Xeni Gwet'in and Tsilhqot'in
Nation); Timothy Leadem, QC, Lead Counsel for
the Province of British Columbia; Brian
McLaughlin, Lead Counsel for Canada; and Gary
Campo, Counsel for the Plaintiff.
Other guest speakers over the course of the
term included; Robert Janes, a litigator at Cook
Roberts who specializes in aboriginal and public
law; Chief Commissioner Stephen Point; Mike
Furey, Assistant Deputy Minister, Ministry of
Aboriginal Relations & Reconciliation; Geoff
Moyse, Senior Solicitor responsible for the
Aboriginal Law Group of the Legal Services
Branch, Ministry of Attorney General; and Greg
McDade, Managing Partner at Ratcliff & Company,
and supervisor of all First Nations litigation in his
firm. Many of the Section’s meetings this term were
well-attended by law students from the University
of Victoria.
ALTERNATIVE DISPUTE RESOLUTION
Earlier in the year Jerry McHale, QC was a
guest of the Okanagan ADR Section at a joint meeting with the Okanagan Family Law Section, which
focused on the Report of the Family Justice Reform
Working Group. At another joint meeting with the
Okanagan Family Law Section, guest speaker
Glenn Robinson, manager of the Family Justice
Centre, spoke on the new Child Support
Recalculation Service Pilot Project, which is testing
a method for allowing persons with simple child
support scenarios to have an annual recalculation of
the quantum of the support payable without resort
to court. In early May, Cheryl Berry and Barbara
Young, QC shared with the Section their respective
thoughts and experiences as Child Protection Roster
mediators, a challenging new focal point for ADR
work. This Section met a total of five times over the
course of the 2005/2006 term.
During the year the Nanaimo Section held four
meetings. Among the guest speakers were: Jane
Morley, QC, speaking on “Positive Positions are
OK”; Andrew Pirie and Hugh Landerkin, QC
speaking on their article “Judges as Mediators.
What’s The Problem With Judicial Dispute
Resolution in Canada?” – published in the Canadian
Bar Review; and Joan Balmer facilitating a discussion concerning “Anger and Mediation”. The success of these meetings was reflected in the consistently high number of of participants and contributions that all the members and the organizers made
to ensure that the meetings went smoothly, and
were fun and interesting to all participants.
The Victoria Section met on six occasions, continuing with its program to provide information,
education and resources to CBA members, and
encouraging non-members to join. In January 2006
the Section held a panel discussion on the subject of
Faith Based Arbitration. Representing expertise
from different faith backgrounds were panel members Mariam Pal, Ryan Berger, Catherine Morris
and the Honourable Judge Shehni Dossa. Other
speakers during the term included Sarah Watson,
Public Guardian and Trustee and Michelle
LeBaron, Director of the Program on Dispute
Resolution and Professor of Law, University of
British Columbia.
CRIMINAL JUSTICE
The Okanagan Section hosted six meetings for
members in 2005/2006. At the first meeting guest
speaker RCMP Constable Da Silva, an undercover
operator and expert on the Hell's Angels organiza2005⁄2006 ANNUAL REPORT
9
SECTION REPORTS
tion, spoke about that organization and its presence
in the Okanagan. The next speaker was Chief
Judge Stansfield, who spoke about his efforts to
arrange "community courts". It is his belief that said
courts will reduce recidivism. Next, the Section
heard from Corporal Mary Kostashuk of the
RCMP. She educated the Section on the relatively
new crime of identity theft; how it occurs and what
the most common offences are. Stan Lowe, crown
counsel, and Tom Collins, sheriff, attended the May
meeting and presented their thoughts on how to
best deal with the media when the case one is working on has attracted their attention. The year was
rounded out with a Bench and Bar dinner with a
number of Provincial Court judges in attendance.
ENVIRONMENTAL LAW
This Section held five meetings in the past year on
the following topics: Certificates of Compliance
issued pursuant to the Environmental Management
Act; Current Initiatives of West Coast
Environmental Law; the Wildfire Act; and counsel
discussion of the decision in Shoal Point Management
Ltd. et al v. ICI Canada Inc et al, 2006 BCSC 857.
FREEDOM OF INFORMATION AND PRIVACY LAW
The Freedom of Information and Privacy Law
Section held six regular meetings this year. In
November David Loukidelis, Information and
Privacy Commissioner for B.C., spoke to the Section
regarding issues with respect to both the Personal
Information Protection Act (PIPA) and to the Freedom
of Information and Protection of Privacy Act (FOIPPA), including an overview of the Office of the
Information and Privacy Commissioner, OIPC
experience with PIPA to date, OIPC development of
compliance tools for organizations, possible amendments to FOIPPA, the OIPC’s position on advance
rulings under B.C. PIPA, and the draft “PIPA and
the Hiring Process” FAQs.
In March Chris Harris, Chief Privacy Officer
and Manger of Information & Privacy, TransLink,
discussed “Experience with Freedom of Information
and Protection of Privacy Act Matters”.
In addition to the regular meetings of the
Section, a working group of the Section provided
feedback to the Information Policy and Privacy
Branch (IPPB) of the Ministry of Labour and
10
ANNUAL REPORT 2005⁄2006
Citizens’ Services, regarding proposed amendments
to PIPA and FOIPPA.
HEALTH LAW
During the 2005/2006 year, the Section held two
meetings. In June 2006, Marvin Storrow, QC from
Blake Cassels & Graydon LLP presented to the
members information regarding the Supreme Court
of Canada’s decision in Chaoulli v AG (Quebec) and
its impact on health care services. Mr. Storrow was
counsel for intervenor Cambie Surgeries.
IMMIGRATION LAW
At their March 2006 meeting the Section heard
from guest speaker Eleanor Ramsdale, Investigator,
Ministry of Health who spoke about MSP eligibility
for temporary residents and new immigrants. At
that same meeting, John Conohan, VP Canada
Fingerprint Services, ComnetiX Inc., introduced
new scan fingerprinting services for RCMP and FBI
clearances. The Section organized a very successful
one-day continuing legal education immigration
conference
in
Vancouver;
“Immigration
Applications: The Nuts, Bolts & Issues” held at
Simon Fraser University (Harbour Centre campus)
Friday, February 10, 2006.
Other programs of the Section include the
Overseas and Refugee Lawyers committees. The
Chair of the Section also sits as a legal representative
on the newly-formed Joint Federal-Provincial
Immigration Advisory Council.
INSURANCE LAW
This Section increased its level of activity from
recent years with seven meetings. The Section was
also active in providing input on proposed legislative and Court Rule amendments relevant to the
practice of insurance law in B.C..
Guest speakers this term included: Sandra
Potter: “Electronic Evidence Standards for Civil
Trials”; Barry Kirkham, QC and Bruce Butler:
“Life after Swagger Construction Ltd. v. ING
Insurance Co. of Canada”; Pat Armstrong and MaryHelen Wright: “Mystified or de-mystified: How
ICBC really works”; Don Yule, QC: “Re-Writing
the Insurance Act: Is significant change on the horizon for the practice of insurance law in B.C.?”; and
Ralph Sultan, MLA West Vancouver-Capilano:
“Government update on the B.C. Insurance Act
review”.
INTERNATIONAL LAW
The International Law Section offered seven events
for members in 2005/2006. These events touched
upon various aspects of private and public international law and transnational legal issues. In April
2006 the Section co-sponsored a one day seminar
with the CLE Society of B.C. on Conflicts of Law.
The well attended event featured speakers, panel
discussions and practice-oriented workshops.
In June the Section hosted a luncheon meeting
on the International Convention for the Settlement
of Investment Disputes and its use to B.C. lawyers,
in light of the passage of implementing legislation in
British Columbia and Canada’s likely accession to
the treaty. The featured speakers were Dr. Ljiliana
biukovic, Assistant Professor, UBC and Angus
Gunn of Borden Ladner Gervais.
LAW PRACTICE MANAGEMENT
In 2005/2006 the Section held two meetings. The
first featured Gary Mitchell of Gem
Communications as the guest speaker. The topic
was “Marketing by Associates and Young Lawyers”.
The second meeting for the Section was held in
March 2006 and featured Simon Taylor and Richard
Stock of Catalyst Consulting as the guest speakers.
Their topic was “Business Plans That Work”.
POVERTY LAW SECTION
This Section met six times during the past year.
Topics included class actions, the role of the
ombudsman, legal aid funding, pro bono law services, and the CBA Charter challenge on legal aid. In
addition, the Section executive had a number of
meetings, mostly in response to the Attorney
General’s defence of the budget for legal aid in the
proceedings of the Committee of Supply in
November 2005. Led by their legislative liaison,
Martha Lewis, the Section reviewed legislation
touching on the concerns of the Section and made
submissions where there was sufficient time to do
so. A submission was made on the redefining of a
dependency relationship in the Employment and
Income Assistance legislation.
PUBLIC SECTOR LAWYERS
This Section strives to identify common issues for its
members who come from all levels of government,
Crown corporations, universities and law firms.
During the term, the Section met twice. The
first meeting was in December 2005, when members were invited to a meeting with the
Administrative Law Section in Victoria, entitled
“Government Management of Administrative Law
in B.C. for 2006”. The speaker was Jerry McHale,
QC. The second meeting was January 25, 2006 at a
videoconference session presented by CBA National
entitled “Public Sector Lawyers & Pro Bono”. The
keynote speaker was Lynn Burns of Pro Bono Law
Ontario.
WOMEN RAINMAKERS – VANCOUVER ISLAND
Among the eleven meetings held by this Section
were three informal lunch discussions and one
shopping evening. The Section’s meetings featured
the following speakers: the Honourable Judge Anne
Wallace, Trudi Brown, QC, Leslie Slater, Stephanie
Sieber, Derek LaCroix, QC and Kristi Buchanan. In
April, the Section co-ordinated “Dress for Success”,
a shopping event for its members at The Bay
Downtown comprised of a mini-fashion show, cosmetic sessions, color consultations and a purchase
discount.
YOUNG LAWYERS
The Lower Mainland Section’s theme for the year
was: Building a Meaningful Practice. Over the
course of the term they held a total of nine meetings.
In February 2006, the Section members were invited to get together with young CAs, CMAs and engineers for a Cross-Designation Networking Event.
In early March 2006, the Section held its marquee
event for the year, which was a bold success. About
100 young lawyers attended a dinner at the Four
Seasons Hotel where they were addressed by the
Chief Justice of British Columbia, Lance Finch, the
Chief Judge of the Provincial Court, Hugh
Stansfield, and Mr. Justice Robert Bauman. Later in
March, Gordon Turriff, QC and Greg Palm spoke
about how to get one’s bills paid (retainer letters,
reasonable fees, remedies, etc.).
2005⁄2006 ANNUAL REPORT
11
FINANCIALS
Auditor’s Report
To the Members of The Canadian Bar Association - British Columbia Branch
We have audited the statement of financial position of The Canadian Bar Association - British Columbia
Branch as at June 30, 2006, and the statements of changes in net assets, revenue and expenditure, and cash flows
for the year then ended. These financial statements are the responsibility of the Association's management.
Our responsibility is to express an opinion on these financial statements based on our audit.
We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards
require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are
free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts
and disclosures in the financial statements. An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall financial statement presentation.
In our opinion, these financial statements present fairly, in all material respects, the financial position of the
Association as at June 30, 2006, and the results of its operations and cash flows for the year then ended in accordance with Canadian generally accepted accounting principles.
Chartered Accountants
Vancouver, British Columbia
August 3, 2006
12
ANNUAL REPORT 2005⁄2006
Statement of Financial Position
June 30
2006
2005
ASSETS
Current
Cash
Marketable securities (Note 4)
Accounts receivable
Inventory
Prepaid expenses
$
148,701
1,490,215
37,303
3,637
28,244
1,708,100
584,152
$
30,112
1,712,066
31,252
4,358
43,490
1,821,278
543,705
$
2,292,252
$
2,364,983
$
120,156
$
224,294
Restricted Cash and Securities (Note 5)
LIABILITIES
Current
Accounts payable and accrued liabilities (Note 6)
Deferred revenue:
Members dues
Grant
505,543
625,699
496,231
7,500
728,025
624,313
1,042,240
1,666,553
2,292,252
587,208
1,049,750
1,636,958
2,364,983
Commitments (Note 8)
NET ASSETS
Restricted (Note 9)
Unrestricted
$
$
Statement of Revenue and Expenditure
Year ended June 30
2006
2005
REVENUE
From members:
Rebates from National Association
Branch assessment
From branch operations:
Directory sales and advertising
Member services
Section registration fees
Investment income
Sundry income
Bench and bar dinner
Golf tournament
Special events
From grants:
Dial-a-Law and Lawyer referral service
Law Week
Dial-a-Law tape translation project
$
$
724,853
291,423
$
558,504
263,363
511,417
222,822
117,791
61,334
32,210
25,135
24,426
-
512,051
246,950
171,541
47,603
13,839
33,374
25,186
1,285
265,760
13,300
10,000
2,300,471
241,600
10,000
17,577
2,142,873
$
EXPENDITURE
Activities
Personnel
Office
Meetings
Sections
Financial
$
Deficiency of Revenue Over Expenditure for the Year
$
The financial statements and notes presented above are excerpts from the complete financial statements.
To obtain a full set of financial statements please contact the Branch.
1,030,274
620,250
311,904
199,781
92,618
48,245
2,303,072
(2,601)
$
$
1,063,936
586,795
295,029
221,866
87,898
87,776
2,343,300
(200,427)
2005⁄2006 ANNUAL REPORT
13
FINANCIALS
Notes to Financial Statements
June 30, 2006
1. PURPOSE OF THE ORGANIZATION
The Canadian Bar Association - British Columbia
Branch is a professional organization, which was
formed in 1896 and incorporated under a Special Act
of Parliament in 1921. The purpose of the Association
is to:
a) enhance the professional and commercial interests
of the members of the legal profession and protect
the independence of the judiciary and the bar.
b) provide personal and professional development
and support to all members.
c) promote fair justice systems and facilitate effective
law reform.
d) promote equality in the legal profession and eliminate discrimination.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
a) Revenue recognition
The Association follows the deferral method of
accounting for revenue. Committed revenue is recognized in the year in which the related expenses
are incurred. Uncommitted revenue is recognized
when received or receivable if the amount to be
received can be reasonably estimated and collection
is reasonably assured.
Restricted investment income is allocated directly to
restricted net assets. Unrestricted investment
income is recognized as revenue when earned.
b) Marketable securities
Marketable securities are stated at the lower of cost
and market value.
c) Inventory
Inventory is stated at the lower of cost and estimated net realizable value. Cost has been determined
on a first-in, first-out basis.
d) Amortization
All of the Association’s capital assets have been fully
amortized.
There were no purchases of capital assets during
the current year.
e) Deferred revenue
14
ANNUAL REPORT 2005⁄2006
Member dues consist of branch assessments and
rebates from the National Association.
Dues are collected with respect to a member’s
anniversary date with the Association. Accordingly,
that portion of the fees received, which relates to the
period subsequent to June 30, is recorded in the
accounts as deferred members’ dues.
f) Donated services
The Association and its members benefit greatly
from donated services in the form of volunteer time
for various committees. The value of donated services is not recognized in these financial statements.
g) Use of estimates
The preparation of the financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions about future events that
affect the reported amounts of assets, liabilities, revenues and expenses as at the end of or during the
reporting period. Management believes that the
estimates used are reasonable and prudent, however, actual results could differ from those estimates.
Significant areas requiring the use of management
estimates relate to the measurement of deferred
revenue and the amounts recorded as accrued liabilities.
3. FINANCIAL INSTRUMENTS
The Association's financial instruments consist of cash,
marketable securities, accounts receivable, accounts
payable and operating lease commitments. In management's opinion the Association is not exposed to significant interest rate, currency exchange rate or credit risk
arising from these financial instruments. Except where
otherwise noted, the fair values of these financial
instruments approximate their carrying values due to
their relative short-term nature.
4. MARKETABLE SECURITIES
The fair value of the marketable securities at June 30,
2006 was $1,490,215 (2005 - $1,712,066).
5. RESTRICTED CASH AND SECURITIES
Certain cash and securities are restricted for the reserve
fund (see Note 9) and invested separately as follows:
2006
2005
Cash
$
- $ 181,410
Marketable securities
584,152
362,295
$ 584,152 $ 543,705
The fair value of the restricted marketable securities at
June 30, 2006 was $584,152 (2005 - $577,336).
6. RELATED PARTY TRANSACTIONS
Included in accounts payable is $54,099 (2005 - $44,690)
held on behalf of the CBA (BC) Benevolent Society
("the Society"). The President of the Association
appoints the majority of members of the board of
directors of the Society. The Society is a separate entity
from the Association.
7. FUNDS HELD IN TRUST
During fiscal 2005, the Association took custody of
$7,500 designated to cover the costs of publishing a
book authored by a member of the Association.
During fiscal 2006, an additional $1,500 was received
for the same purpose; the total of $9,000 was spent in
accordance with its designated purpose and sales of the
book commenced. As at June 30, 2006, the Association
held $7,396 arising from sales of the book. This
amount and any subsequent sales receipts collected by
the Association will be returned to the author and the
organization which funded the publishing of the book
as agreed upon by those parties.
8. COMMITMENTS
The Association has leased its office premises under a
lease agreement, which expires October 31, 2008. In
addition to basic rent, the Association is required to pay
a portion of certain operating costs and property taxes.
The Association has also leased equipment under lease
agreements with expiry dates from October, 2006 to
April, 2011. Basic rent under the office premises lease
agreement and monthly payments under the equipment leases for the next five fiscal years are as follows:
2007
$ 102,069
2008
86,549
26,019
2009
2010
5,904
2011
4,920
$ 225,461
9. RESTRICTED NET ASSETS
The Association's restricted net assets consist of the following:
2006
2005
a) An appropriated reserve
fund, which was established
in 1989.
Disbursements from this
fund are to be made only
with the approval of
Provincial Council. The
Association invests the assets
comprising this fund separately from unrestricted net
assets. The Association
increases the fund for interest earned and gains on sales
of investments (2006 $42,651; 2005 - $21,733) and
reduces the fund with related investment counselling
fees
(2006 - $6,391; 2005 - $Nil). $ 592,838 $ 556,578
b) Law student awards funds.
The Association annually
provides one $2,000 award at
each of the two BC law
schools. Current year net
proceeds from the golf tournament are designated to
this fund.
30,475
29,630
c) Canadian Bar Association
(BC Branch) Aboriginal
Law School Scholarships.
The Association has restricted an initial amount of
$1,000 for this fund.
1,000
1,000
$ 624,313 $ 587,208
10. COMPARATIVE FIGURES
The 2005 figures presented for comparative purposes
have been reclassified to conform with the financial
statement presentation for the current year.
2005⁄2006 ANNUAL REPORT
15
2005 ⁄ 2006
Provincial Council
CBABC Executive Committee 2005 ⁄ 2006
L-R: Timothy D. Klaassen (Officer), Eugene Raponi (Officer), Miriam A.
Maisonville (Officer), Marguerite (Meg) E. Shaw (President), F. Kenneth
Walton (Secretary-Treasurer), Frits E. Verhoeven (Vice-President),
Stephen G. McPhee (Young Lawyers' Representative), Michael C.
Woodward (Past President). Missing: James M. Bond (Officer), Lisa C.
Fong (Equality Committee Representative).
Committee Chairs 2005 ⁄ 2006
ADVISORY COMMITTEE TO THE JUDICIAL COUNCIL OF B.C.
AUTOMOBILE INSURANCE
AWARDS & RECOGNITION
BARTALK EDITORIAL BOARD
BUSINESS OF LAW
COURT SERVICES
DIAL-A-LAW/LAWYER REFERRAL
EQUALITY
GOVERNMENT RELATIONS
INTERNATIONAL ASSISTANCE
LAW WEEK
LEGAL AID
LEGISLATION & LAW REFORM
MEMBER SERVICES
MEMBERSHIP
*MEMBERS’ DISPUTE RESOLUTION
PLANNING & PRIORITIES
*PROVINCIAL COURT JUDGES PENSION & SALARIES
RESOLUTIONS AND BY-LAWS
SECTIONS
*SOLICITORS ISSUES
WORK LIFE BALANCE
*INDICATES A SPECIAL COMMITTEE OF THE BRANCH
16
ANNUAL REPORT 2005⁄2006
Ron Lamperson
Jan L. Lindsay
Vikki M. Bell, QC
David Charles Dundee
Todd A. McKendrick
Edward Lyszkiewicz
Penelope O. Green
Lisa C. Fong
Frits E. Verhoeven
Brock Martland
Robin D. Bajer
Michael L. Warsh
W. Laurence Scott
Paul Barclay
Hunter Warwick Gordon
Michael R. Dunn
Noemi Gal-Or
Frits E. Verhoeven
David A Paul, QC
Ralph G. Hildebrand
Stephen G. McPhee
Garth Murray Evans
Nicole M. Byres
Cariboo
Nathan Richard Bauder
Robert John Climie
Barry Lorne Nordin
Heidi Zetzsche
Kootenay
Maggie Melnychuk Balfour
W. Grant Sheard
R. G. Stacey
Susan E. Wallach
Nanaimo
Bonnie Day
Adam de Turberville
Rose M. Granitto
Paul E. Love
Stephen G. McPhee
Prince Rupert
Don Brown
Linda D. Locke
Michael Joseph Shaw
Vancouver
Sabrina A. S. Ali
James M. Bond
Cleta Brown
Grace G. Choi
Stephen Dewar Cooke
Diana Lee Dorey
Lisa C. Fong
Stella Doreen Frame
Arlene Hermione Henry, QC
Ravi R. Hira, QC
Elizabeth B. Lyall
Brad T. Martyniuk
Miriam Adrienne Maisonville
Sharon D. Matthews
Paul D. McLean
Marina Morgan
Scott Alan Nielsen
Allan A. Parker
R. Mark Prendergast Powers
Ming Song
Theresa Louise Stowe
Eva Christine Un
Cameron Ward
Victoria
Kathryn A. Berge, QC
Roxanne Patricia Helme
Kay Melbye
Michael T. Mulligan
Eugene Raponi
Fredrick Kenneth Walton
Susan E. Wishart
Westminster
Kenneth Armstrong
H. Alex Dantzer
J. Lorne Ginther
Ralph Gordon Hildebrand
Andrew Edward Rebane
Philip A. Riddell
W. Laurence Scott
Karl Frederick Warner, QC
Yale
Lorianna Bennett
Douglas Allan Betton
Cathie M. Heinrichs
Lisa H. Wyatt
Barbara Miriam Young
Nicholas Ralph Zaseybida