News 2004
decemberDecember 2004: Significant Changes to BC Society Act
This article from Continuing Legal Education outlines the changes that have been made to the BC Society Act.
http://www.cle.bc.ca/CLE/Stay+Current/Collection/2004/11/04-bcleg-society
november
November 2004: Lawyers with Disabilities: Overcoming Barriers to Equality
The Law Society of British Columbia has released its report, Lawyers with Disabilities: Overcoming Barriers to Equality. The report recommends proposed actions for the Law Society to work toward and provides practical advice for law firms on how to reduce or remove barriers to practice faced by lawyers with disabilities. This is the second report of the Society's Disability Research Working Group. For the first report: Lawyers with Disabilities: Identifying Barriers to Equality, see the Law Society website at www.lawsociety.bc.ca.
November 2004: Government Lawyers and Pro Bono
The National Pro Bono Resource Centre of Australia has just launched the Centre's information paper on Government Lawyers and Pro Bono.
http://www.nationalprobono.org.au/documents/NPBRCGovtlawyerspaper.doc
November 2004: Small Claims Amounts Proposed up to $50,000
Attorney General Geoff Plant has introduced omnibus legislation to make changes to B.C.'s justice system. The changes proposed by the Justice Modernization Statutes Amendment Act, 2004 (Bill 64) would amend the Small Claims Act by allowing for the increase of the monetary jurisdiction of Provincial (Small Claims) Court to $50,000. Any change will be made by regulation. Until then, the monetary jurisdiction of the court will continue to be $10,000.
http://www2.news.gov.bc.ca/nrm_news_releases/2004AG0033-000798.pdf
september
September 2004: Richard Sugden QC to Receive Law Society Award
Richard R. Sugden, QC will receive the Law Society Award in 2004, in recognition by the Benchers of his exemplary service over his 30 years at the bar. The Law Society Award is given every two years to honour the lifetime contributions of the truly exceptional within the profession and the legal community, based on integrity, professional achievements, service and law reform. The Award presentation will be made on November 17 in Vancouver at the Bench & Bar Dinner, an event co-sponsored by the Law Society and the BC Branch of the CBA.
july
July 2004: Refugee Fact Sheets Now Available
The Legal Services Society has published a new refugee fact sheet series that explains how to seek refugee protection in Canada and includes information specific to BC. Written in plain language, the series gives straightforward information on what documents applicants need, how to fill out forms, and where to get help. The five fact sheets in the series are available in English, Chinese and Spanish.
http://www.lss.bc.ca/Resources/pubs_main/Publications_by_Title/pubs_r.htm
July 2004: Victory for People with Disabilities
The B.C. Human Rights Tribunal ruled June 29 that a government policy which bans people with severe disabilities from hiring relatives as personal care attendants is discriminatory. Cheryl Hutchison was represented before the Tribunal by Frances Kelly, a disability rights lawyer with the Community Legal Assistance Society in Vancouver (CLAS).
Ms. Hutchison has a serious form of cerebral palsy. She requires 24 hour care of an intimate nature. Ms. Hutchison was the recipient of services under a government program designed for people with severe disabilities, who have high care needs. The Choices in Supportive Living (CISL) program was designed to maximize dignity and independence for person with severe disabilities. The vast majority of the individuals on CISL fit the criteria for institutionalization in chronic care facilities.
CISL allows individuals to hire their caregiver of choice. However, the program had a blanket policy which prohibited recipients from hiring a relative. Ms. Hutchison successfully challenged that policy.
Though she tried, Cheryl could not find a reliable care giver she trusted as much as her father. She says she feels safe and secure with him because he truly understands her needs. Philip Hutchison raised Cheryl from the age of 13, as a single parent. He has been her de facto care giver.
The ministry argued that they could not create exceptions to the rule, as the floodgates would open and be too expensive for government. The Tribunal rejected that argument, saying that the government had not shown that creating a policy which allowed for limited exemptions, on a case by case basis, would prove too costly.
The government has been ordered to give Ms. Hutchison the opportunity to hire her father, and to design a policy which allows for exceptions on a principles basis within 9 months of the decision. The government has also been ordered to pay Mr. Hutchison $105,000.00 in wage loss for the services he provided.
june
June 2004: The Future of Pro Bono in Canadian Law Firms
The May/June issue of the Law Society's Benchers' Bulletin features an update on pro bono policies in Canadian law firms.
http://www.lawsociety.bc.ca/publications_forms/bulletin/2004/body_bb_04-06-toc.html
June 2004: EI Pilot Project Increases Weeks of Benefits for Some Claimants
Some part-time, seasonal and workers with short employment periods, because of the very nature of their work, face situations where their EI benefits end before finding new employment. This pilot project will last 2 years and will provide an additional 5 weeks of regular benefits to these workers that have few employment alternatives.
June 2004: BC Lawyers to Report their Professional Development Activities
BC lawyers will be required to report to the Law Society on an annual basis their professional development (continuing legal education) activities for the preceding 12 months. This report will be added to the Annual Practice Declaration beginning this summer.
June 2004: Canadians Join Hands with South Africa Against Domestic Violence
Six Canadians are being recognized today for their contribution to a program that will train over 1200 justice system personnel in South Africa on how to work with victims and how to handle cases of domestic violence. "Joining Hands Against Domestic Violence" was developed in response to a high level of domestic violence in South Africa. It has been reported that a women in South Africa is killed every 6 days by an intimate partner.
"This program will enable thousands of professionals within the justice system to work together and address domestic violence in an effective way," says Mr. Justice Oppal, President of the Law Courts Education Society of BC - one of the organizing organizations.
Her Excellency Theresa Mary Solomon, South African High Commissioner to Canada will present certificates to recognize the efforts of:
- Maureen Maloney, Director, Institute for Dispute Resolution, University of Victoria;
- Alison MacPhail, Deputy Minister, Ministry of Children and Family Development;
- Jane Coombe, Policy and Program Analyst, Victim Services;
- Shelley Rivkin, Director, Centre for Leadership and Community Learning (JIBC);
- Karen Morton, Education Consultant;
- Fatima Ameen, International Development Consultant
The ceremony today marks the completion of several years of work between Canadian and South African partners. Funded by CIDA, the program was developed by the South African Sexual Offences and Community Affairs Unit in partnership with the Law Courts Education Society of BC, with the support of the Ministry of Attorney General and the Justice Institute of BC.
June 2004: New Help Sheets and Guides on Provincial Disability Benefits
The BC Coalition of People with Disabilities has produced help sheets, application guides and appeal guides on provincial disability benefits.
http://www.bccpd.bc.ca/s/AdvocacyAccess.asp#help
June 2004: Residential Tenancy Offices to be Closed
The Tenants Rights Action Coalition (TRAC) comments on the closure this summer of two Residential Tenancy Offices, in Surrey and Kelowna.
http://www.tenants.bc.ca/bulletin/RTO%20closures.pdf
June 2004: New Administrative Tribunals Act
Jim Sayre of the Community Legal Assistance Society comments on the new Administrative Tribunals Act in this PovNet backgrounder.
http://www.povnet.org/bc_ata.htm
may
May 2004: Table of Local and Private BC Statutes
The British Columbia Courthouse Library Society has added a new item to its collection of website materials on B.C. legislation. The Table of Local and Private B.C. Statutes is an alphabetical listing of B.C.'s private and local acts as well as unconsolidated public acts from 1872 to December 31, 2003, whether the acts are in force or not.
http://www.bccls.bc.ca/index.cfm?group_id=66423
May 2004: Check out LawLINK
LawLINK is an online legal information service for low-income British Columbians. LawLINK connects you to the reliable information and tools you need to resolve your legal problems. The links are grouped by the type of legal information they offer. LawLINK, a service of the Legal Services Society, has been greatly expanded in recent months.
http://www.lawlink.bc.ca/
May 2004: Supreme Court Upholds Election Spending Law
The Supreme Court of Canada has upheld a law limiting how much money special interest groups can spend during elections. ACJNet provides this summary.
http://www.acjnet.org/nanews/default.aspx
May 2004: Coalition to Save the Representation Agreement Act
PovNet has a Community Alert from the Coalition to Save the Representation Agreement Act and other background information
http://www.povnet.org/downloads/Rep.%20Agreement%20Urgent%20Community%20Alert31.doc
May 2004: Court Services Online Project
The Court Services Online (CSO) Project, an initiative of Court Services Branch of the Ministry of Attorney General and the British Columbia Judiciary, will develop electronic court services to be provided via the Internet. Core services provided through CSO will be electronic search and access to civil court file information in the Provincial and Supreme Courts, and to Court of Appeal file information, as well as electronic filing of civil court documents in the Provincial and Supreme Courts, and of documents in the Court of Appeal.
http://www.ag.gov.bc.ca/courts/cso/index.htm
May 2004: Voices: Women, Poverty and Homelessness in Canada
The National Anti-Poverty Organization (NAPO) has released a new report based on 46 interviews with homeless women in Vancouver, Halifax and Toronto. The report includes recommendations for government action.
http://www.napo-onap.ca/en/resources/Voices_English_04232004.pdf
May 2004: Personal Planning and Guardianship
BC Attorney General's page on personal planning and guardianship reform proposals.
http://www.ag.gov.bc.ca/legislation/guardianship/index.htm
april
April 2004: Report on Appointing a Guardian and Standby Guardianship
Report released by the BC Law Institute contains recommendations that will make the appointment of guardians accessible to more families.
http://www.bcli.org/pages/projects/guardian/Appoint-Guardian.pdf
march
March 2004: Amnesty International Launches Campaign to Stop Violence Against Women
In an open letter to the women's movement, Amnesty International announces the launch of a global campaign. "We are pleased to launch a global campaign to stop violence against women. We are excited to be joining your long-standing efforts to stop violence against women. The women’s movement has long been a powerful force against the tide of violence. Amnesty International, too, has added its voice to the struggle to protect and promote women’s rights."
http://dawn.thot.net/election2004/issues23.htm
March 2004: Pivot Legal Society Releases Sex Trade Report
Pivot Legal Society's report, entitled Voices for Dignity: A Call to End the Harms Caused by Canada's Sex Trade Laws, was made public on Monday, March 1st. The report presents first hand accounts from 91 sex workers who have lived and worked in the Downtown Eastside. Based on the expert opinion evidence and experiences of sex workers, the report calls for decriminalization of the adult sex trade. The report argues that the current laws violate the liberty, security, equality, and expression rights of sex workers, protected under the Charter of Rights and Freedoms.
http://www.pivotlegal.org/sextradereport/1short2.pdf
March 2004: Campaign to Save BC's Women's Centres
On March 31, the provincial government will end funding to BC's women's centres. There are 37 centres in 33 rural and urban communities, serving women from all backgrounds. In 2001, these centres provided direct service to 300,569 women. The majority of these requests were from women experiencing violence and/or poverty.
http://www.savewomenscentres.ca/
february
February 2004: Group Challenging Welfare Time Limits Queries New Exemption
(Vancouver) Lawyers with the BC Public Interest Advocacy Centre wrote to Human Resources Minister Stan Hagen and Attorney General Geoff Plant on February 12, 2004 to ask whether their clients have been exempted from the provincial government’s 24-month time limit on social assistance. For details on the recent exemption for welfare recipients completing employment plans, go to www.povnet.org.
February 2004: Vancouver Backlog Reduction Initiative
The Vancouver Backlog Reduction Initiative will cut waits at 222 Main Street significantly by Dec 31, 2004. The initiative is chaired by the Main Street Criminal Procedure Committee, which includes senior members of the judiciary, Crown counsel and government. As part of that initiative, two new judges are being added to B.C.’s Provincial court system. The two new judges are Joseph Frank Galati and Donna Senniw. Galati practiced both civil and criminal litigation most recently with the firm Anderson and Galati in Vancouver. Senniw practiced family law, civil litigation, corporate and commercial law, and criminal and youth law in Vancouver.
February 2004: BC Human Rights Coalition Clinics
The link takes you to the February newsletter of the BC Human Rights Coalition, which includes a report on their clinic program, now in its 10th month.
http://www.bchrcoalition.org/files/News022004.pdf
February 2004: PovNet on New Exemption to Two-year Welfare Limit
PovNet has news about the two-year limit to welfare, due to go into effect in April. The Ministry of Human Resources has announced that a new clause to include "people who have an employment plan, are complying with their plan, are actively looking for work, but have not been successful in finding employment" has been added to the list of exemptions. PovNet provides the links to the MHR fact sheets and community reaction.
http://www.povnet.org
February 2004: Courthouse Library Offers New Online Service, LawSource
The British Columbia Courthouse Library Society is pleased to offer a new online service. The Vancouver Courthouse Library now has a subscription to WestlaweCARSWELL’s LawSource.
LawSource includes all decisions published in Carswell law reports, plus legislation, the Canadian Encyclopedic Digest, the Canadian Abridgment, 3rd and more.
Vancouver reference staff can now note up statutes and cases and do literature and keyword searches for the standard online printing or searching fee.
Beginning March 2004, LawSource will be available for individuals to use on the public access computers in most branch courthouse libraries.
For more information about the service in Vancouver or the branches, please ask at the Vancouver Reference Desk or contact us at 604.660.2841, 1.800.665.2570 or bccls@bccls.bc.ca. Details regarding training will be available shortly.
February 2004: If You Have to Represent Yourself
The Superior Courts of British Columbia has redesigned its website. The link takes you to the section for self-representing litigants.
http://www.courts.gov.bc.ca/self%20help/
February 2004: Establishing a Voluntary Minimum Pro Bono Target
This paper, "Establishing a voluntary minimum pro bono target for Australian lawyers," was presented by David Hillard and National Pro Bono Director Clayton Utz at Australia's second National Pro Bono Conference. It argues that it is time for that country's legal professional associations to take the lead in establishing a voluntary ("aspirational") minimum target for the performance of pro bono work.
http://www.nationalprobono.org.au/conference/pdf/2003_papers/3a_hillard.pdf
February 2004: Australian Site for Refugee Pro Bono Work
This new site supports lawyers who are assisting individuals seeking asylum in Australia.
http://www.probono.net/au/asylum
February 2004: Lawyers Without Borders
Lawyers Without Borders is a US-based site whose mission is the promotion and protection of global justice through pro bono service.
http://www.lawyerswithoutborders.org/
january
January 2004: Welfare Resource Guide for Women
Vancouver Status of Women (VSW) has produced a Welfare Resource Guide for Women. The guide is meant to help women apply for welfare, disability, and child benefits. It offers information about the application process and appeal process. The guide focuses on the needs of single mothers. It can be downloaded from
http://www.vsw.ca/Documents/WelfareResourceGuide.pdf