News 2006

DECEMBER

LSS Expands Legal Aid Services for Family Law Clients

The Legal Services Society started providing more legal aid services for family clients in BC on November 1, 2006.

Legal aid services have been broadened to:

• expand the role of family duty counsel lawyers to help clients prepare for family and judicial case conferences and to attend those sessions with clients (to begin this fall in Kamloops, Kelowna, Port Coquitlam, Prince George, Prince Rupert, Surrey, Terrace, Vancouver and Victoria);
• expand eligibility for legal aid by providing broader dispute resolution assistance to family clients who have significant custody, access, and financial security issues or who face barriers to resolving cases on their own; and
• represent family clients in court when all other efforts to resolve their cases have failed and resolving the case will make a significant difference to the client or his or her children.

Legal representation services continue to be available for eligible clients in emergency situations (e.g. if a client’s and/or his or her children’s safety is at risk, or if there is a serious denial of access).

www.lss.bc.ca

Civil Justice Reform Working Group Releases Report on Effective and Affordable Justice

The Civil Justice Reform Working Group of the BC Justice Review Task Force has released a report proposing significant reforms to the justice system in British Columbia.  The report, Effective and Affordable Civil Justice, makes the following recommendations:

• to introduce a “hub,” where people can go to get the information and services they need to solve legal problems on their own;
• to require parties to Supreme Court civil non-family actions to personally attend a case planning conference before they engage the system beyond initiating and responding to a claim;
• to rewrite the Supreme Court Rules to include: 
  • an explicit overriding objective that all proceedings are dealt with justly and pursuant to the principles of proportionality;
  • a new case initiation and defence process which provides a plan for conducting the case and achieving a resolution;
  • limits on both oral and documentary discovery; and
  • restrictions on expert evidence.

www.bcjusticereview.org/working_groups/civil_justice/cjrwg_media_release_11_27_06.pdf

Legal Services Society Updates 'Family Law in BC' Website

The Legal Services Society has launched an improved Family Law in British Columbia website.  All of the content from the original site remains, along with new material and improvements to make it easier for people to find and use legal information.

The new material on the website includes:   

• more video clips;

• fact sheets on a variety of family law topics;

• frequently asked questions;

• links to court forms; and

• pop-up definitions of legal terms used throughout the site.

www.familylaw.lss.bc.ca

NOVEMBER

BC Supreme Court chief justice demands apology from Attorney-General

Chief Justice Donald Brenner of the B.C. Supreme Court is demanding an apology from Attorney-General Wally Oppal after comments he made that the public lacked confidence in the court system.  In an e-mail sent to Mr. Oppal and copied to all the other judges in the justice system and court officials, Chief Justice Brenner said the Attorney-General should be apologizing for attacking the court system.  Mr. Oppal was quoted as saying that lengthy delays in the trial process erode public confidence in the system.

www.theglobeandmail.com/servlet/story/RTGAM.20061101.wbcjustice1101/BNStory/National/home

Late Dugald Christie Awarded the Harry Rankin QC Pro Bono Award
In its annual recognition of exceptional lawyers, the Canadian Bar Association BC Branch (CBABC) announced that the Harry Rankin QC Pro Bono Award goes to the late Dugald Christie.  The award recognizes outstanding contributions by a lawyer in the area of pro bono work.  It is given in recognition of the immense contribution of Harry Rankin, QC in supporting access to justice for the poor.

The late Dugald Christie worked tirelessly to provide pro bono legal services, and, through his own leadership example, contributed immensely to the promotion of pro bono culture among lawyers.  The Honourable Chief Justice Brenner stated that Christie “helped to make British Columbia a beacon for other jurisdictions to look to in providing pro bono assistance.”  CBABC Past-President Meg Shaw praised Dugald’s efforts in the area of pro bono work: “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.  Our profession is richer for the time he spent among us, and we know that his work will be continued by those he has inspired.”

www.cba.org/bc/Public_Media/news_2006/news_10_03_06.aspx

Pivot Legal Society Provides Insight into Vancouver’s Low-Income Housing Crisis

Vancouver’s homelessness crisis is about to get a lot worse unless immediate action is taken, according to Pivot Legal Society’s recent report, Cracks in the Foundation: Solving the Housing Crisis in Canada’s Poorest Neighbourhood.  “If we continue to lose low-cost housing in the Downtown Eastside at the current rate, we can expect to be coping with at least three times the number of people living on Vancouver’s streets by the time the world arrives for the 2010 Olympics,” states lead report author and lawyer David Eby.

The report, based on 160 affidavits collected from Downtown Eastside residents in housing crisis and documents obtained through Freedom of Information requests, is the product of 18 months of research and the work of more than 50 volunteers and staff.  The report outlines a number of routes for addressing the housing shortage, such as creating market incentives for developers to incorporate low-income housing into new developments, increasing welfare shelter allowances, and sweeping changes to the Residential Tenancy Act.

www.pivotlegal.org/pdfs/CracksinFoundation.pdf

CBA to appeal B.C. Supreme Court decision

In the October issue of Bar Talk, the Canadian Bar Association described its plans to appeal the recent decision of the BC Supreme Court that dismissed the CBA’s Legal Aid test case launched in 2005.  The CBA says that following years of advocacy and now litigation, the appeal is the next step in the Association’s longstanding battle to protect legal aid for people who need it.

The court’s September 5th ruling was based on a determination that the CBA lacked public interest standing and had not pleaded a valid claim under existing law.  “There’s no question we were disappointed with that outcome,” said National President Parker MacCarthy, QC of Nanaimo, “But it does not deter our continuing commitment to ensuring access to justice.”

The CBA filed the Legal Aid test case as a public interest litigant, arguing that it is unreasonable to insist that people with low incomes who are denied legal aid in cases where, for example, they are unjustly evicted or threatened about the custody of their children, be required to start their own individual constitutional challenge.

www.cba.org/bc/CBA_Publications/bartalk_10_06/cover.aspx

Charting the Course Ahead: Community Response to Bill 32

Charting the Course Ahead outlines the response of the Representation Agreement Resource Centre (RARC) to Bill 32 -- a proposal for new BC legislation that will strengthen advance care directives.

The RARC and its community supporters believe there are problems with the directives and that BC's Representation Agreements are superior tools to ensure that people's health care wishes are respected.   Charting the Course Ahead proposes a path to enable a choice for British Columbians who want to plan for their future care.

www.bccpd.bc.ca/i/pdf/ChartingCourse_Full.pdf

Lawyer Lookup to Include Email Addresses

The Law Society of BC has announced that it will be posting lawyers' email addresses on its website through the "Lawyer Lookup" feature.

www.lawsociety.bc.ca

OCTOBER

Ontario Court of Appeal Upholds Costs Awards to Pro Bono Counsel

In 1465778 Ontario Inc. v. 1122077 Ontario Ltd. (October 25, 2006), a unanimous Ontario Court of Appeal found that: 1) there should be no prohibition on an award of costs in favour of pro bono counsel in appropriate cases; 2) where costs are awarded in favour of a party, the costs belong to that party, but there is nothing that forbids pro bono counsel from making fee arrangements where such costs are to be paid to the lawyer; 3) where a pro bono party has unsatisfied costs orders outstanding, a judge maintains the discretion to award costs to the successful pro bono party according to rule 57.01 factors, access to justice considerations and fairness; and 4) the list of purposes of costs awards should now include access to justice as a consideration.

www.ontariocourts.on.ca/decisions/2006/october/C43533.htm

Government Funding for Law Commission of Canada Eliminated

On September 26, the federal government announced its decision to eliminate funding for the Law Commission of Canada.

During the last nine years, the Law Commission has tabled a number of reports in Parliament, each containing a series of recommendations for law reform.  The Law Commission’s latest report from 1996, In Search of Security: The Future of Policing in Canada, proposes a strategy to better understand and deal with the complex relationships between public police and private security.

www.lcc.gc.ca/resources/news_releases-en.asp?id=113

Forum on Citizenship and the Law

The Law Society of B.C., in partnership with the North Shore Multicultural Society and MOSAIC, is hosting a free public forum on Citizenship and the Law on October 19 as part of Canadian Citizenship Week.   The Forum will take place at the Law Society building at 845 Cambie Street in Vancouver from 5:00 pm to 6:30 pm.  Attendees are invited to join a free reception afterwards at the Law Society.   If you plan to attend, please RSVP by October 16 by emailing forum2006@lsbc.org.

Matrimonial Real Property on Reserve

The Honourable Jim Prentice, Minister of Indian Affairs and Northern Development (INAC) and Federal Interlocutor for Métis and Non-status Indians, accompanied by Beverley Jacobs, President of the Native Women’s Association of Canada (NWAC), and Phil Fontaine, National Chief of the Assembly of First Nations (AFN), have launched the second phase of a national consultation process on the issue of the division of matrimonial real property on reserve.

The link to INAC provides extensive research information on this subject.

www.ainc-inac.gc.ca/wige/mrp/pub_e.html

Groups Oppose Elimination of Funding for the Court Challenges Program

The Disabled Women’s Network (DAWN) is coordinating the “Friends of the Court Challenges Program” to oppose the elimination of federal government funding for the Program, announced on September 26.  DAWN points out that Court Challenges Program of Canada (CCP) provides access to justice in constitutional test cases involving language and equality rights.

http://dawn.thot.net/ccp/ccp2.html

Canadian Bar Association Reaffirms its Commitment to Civil Legal Aid

In June 2005, the CBA launched a test case in the British Columbia Supreme Court that argued for a broader right to equal access to justice for poor individuals, rather than the current narrow emphasis on a particular injustice or the right to a fair hearing in one individual’s case.  The CBA argued that it is unreasonable to insist that poor individuals - denied legal aid in cases where they are unjustly evicted or when they are threatened about the custody of their children - be required to start their own individual constitutional challenge.

In September 2006, the Supreme Court ruled against the CBA.  Immediately following the BC Supreme Court ruling, the Canadian Bar Association affirmed its ongoing commitment to a constitutional right to civil legal aid and access to justice.

www.cba.org/CBA/News/2006_Releases/2006-09-06_lacasedecision.aspx

ELAN introduces LawLINE blog

The most recent edition of ELAN, the Electronic Legal Aid Newsletter for Community Workers, introduces a new LawLINE blog.  The blog allows LawLINE staff to explain common legal issues in everyday language through the personal stories of callers.  Names and histories have been altered just enough to protect confidentiality, but every blog entry represents a typical call in the daily routine of a LawLINE staff lawyer or paralegal.  You can access the blog on the LSS website at www.lss.bc.ca.

Look for it in the box on the right of the screen.

www.lss.bc.ca/elan/Sept-06/default.asp

Newly Revised LSS Publication: How to Make a Will and Settle an Estate: A Guide for First Nations People Living on Reserve

This revised Legal Services Society booklet describes how to make a will if you are a registered Indian living on reserve, and how to settle the estate of a registered Indian living on reserve.  It’s for people who live in BC, but it can also be used by First Nations people living elsewhere in Canada.

In a step-by-step manner, the booklet explains what to include in your will, how to make sure your will is valid, and how to change your will.  It includes a resource section and a sample will to aid people in writing one of their own.  The booklet also describes how to settle an estate if you are an executor or administrator, including determining heirs and distributing assets.

To order How to Make a Will and Settle an Estate, e-mail distribution@lss.bc.ca, fax (604) 682-0965, or call (604) 601-6075.

SEPTEMBER

Welfare Incomes 2005

In late August 2006, the National Council of Welfare released a report entitled Welfare Incomes 2005, that details staggering losses in welfare income across Canada. 

www.ncwcnbes.net/htmdocument/principales/FactsheetsWI2005_e.htm

"For the Public Good" Article Published in CBA Journal, The National

The current issue of The National, the journal of the Canadian Bar Association, carries a lead feature, “For the Public Good,” which profiles four lawyers who represent the profession’s commitment to social justice.

www.cba.org/CBA/National/Main/

Indian Residential Schools Settlement Agreement Court Hearings Under Way

The Indian Residential School settlement process is under way, following the signing in May 2006 of a final Indian Residential Schools Settlement Agreement.  Courts across Canada will be holding public hearings to consider the settlement of the In re Residential Schools Class Action Litigation.  Court hearings will be held in BC on October 10-12. Former students and their families may speak at court hearings.

The Settlement Agreement proposes a Common Experience Payment for all eligible former students of Indian Residential Schools, an Independent Assessment Process for claims of sexual or serious physical abuse, as well as measures to support healing, commemorative activities, and the establishment of a Truth and Reconciliation Commission.

www.residentialschoolsettlement.ca/hearings.html

Panel to Examine Ways to Help Children with Severe Disabilities

The federal government has appointed an expert panel to examine ways to help parents save for the long-term financial security of a child with a severe disability. The panel will examine a range of potential savings vehicles, assess their relative advantages and disadvantages, and recommend the most appropriate measures. Laurie Beachell, National Coordinator for the Council of Canadians with Disabilities, will be on the panel.

The group submits its report to the Minster of Finance by November 9, 2006.

People who wish to submit their views to the panel can do so before October 15, 2006, by writing to the Expert Panel on Disability Savings care of the Tax Policy Branch, Department of Finance, 140 O'Connor Street, Ottawa, ON, K1A 0G5 or by sending an email to disabilitysavings-epargne-handicapes@fin.gc.ca.

www.fin.gc.ca/news06/06-036e.html

Focus on Woodlands School Survivors’ Legal Struggles

The summer 2006 issue of Transitions, publication of the BC Coalition for People with Disabilities, features articles on the ongoing legal struggles of survivors of Woodlands School in New Westminster. It is now over three years since Dulcie McCallum, a former BC ombudsman, released her report, The Need to Know: Administrative Review of Woodlands School, which found that widespread abuse had occurred at the residential school for people with developmental disabilities.

www.bccpd.bc.ca/i/pdf/transition/TR-Summer2006web.pdf

Law Reform Project Studies Parental Support Legislation

As a new law reform project, the British Columbia Law Institute is examining the obligation of an adult child to support a dependent parent. A report will be published next spring. An introduction to the project includes historical background on the issue of whether an adult child has a legal obligation to support a parent.

www.bcli.org/pages/projects/parentalsupport/Introduction_to_Project_on_Parental_Support.pdf

International Journal of Not-for Profit Law

The International Journal of Not-for-Profit Law (IJNL) is a quarterly publication of the International Center for Not-for-Profit Law that is electronically available to subscribers, free of charge. IJNL covers legal topics as well as social, cultural, political, and economic issues affecting the legal environment. Articles in the current issue include: “Evaluating the Impact of Legal and Regulatory Reform on Canada's Voluntary Sector.”

www.icnl.org/knowledge/ijnl/index.htm

AUGUST

Friend and Pro Bono Champion Dugald Christie Killed in Bicycling Accident
It is with deep sadness that we report that our friend Dugald Christie was killed in an accident while cycling across Canada in his campaign to promote awareness of access to justice issues in British Columbia and Canada.  Details are available at www.cbc.ca/canada/british-columbia/story/2006/08/01/bc-lawyer.html.

Dugald was a tireless advocate for low-income British Columbians and a great champion of pro bono overall.  We will dearly miss his enthusiasm and passion for the pursuit of social justice.  We encourage all members of the legal community to make a donation to the Western Canada Society to Access Justice in Dugald's memory at www.accessjustice.ca.

Pro Bono Law of BC Non-Profit Seminars
Pro Bono Law of BC is pleased to announce that a series of non-profit law seminars are planned for Kelowna (October 13), Vancouver (October 20) and Victoria (October 27) in conjunction with its Solicitors’ Program.  The free half-day seminars will be conducted by volunteer lawyers with the Program and will provide legal information and advice to community organizations of limited means in such areas as incorporation, changes to bylaws, charitable registration, board governance, and contracts.  PBLBC welcomes your suggestions for non-profit law topics to be included.  The seminars are being held through a grant from the Law Foundation of BC.

If you are in a leadership role with your organization and wish to attend, please contact PBLBC at 604-893-8932 or by e-mail at info@probononet.bc.ca.  A modest travel subsidy may be available to out-of-town seminar attendees.

BC Moving to National Standards for Parole
BC is transferring responsibility for parole administration of provincial offenders to the National Parole Board and the Correctional Service of Canada. Provincial offenders are offenders who have been sentenced to terms of less than two years.

The transfer should be complete by the spring of 2007.  In the meantime, the BC Parole Board will continue its work.
www2.news.gov.bc.ca/news_releases_2005-2009/2006PSSG0036-000933.htm

Law Commission of Canada Discussion Paper on Barriers to Successful Immigrant Settlement
Unsettled: Legal and Policy Barriers for Newcomers to Canada is a new discussion paper by the Law Commission of Canada. The report identifies legal and policy barriers to immigration to Canada and makes recommendations about how they can be overcome.
www.lcc.gc.ca/pdf/immigration_EN_FINAL.pdf

Government Guidelines Now Available on PST for Legal Services
The provincial government has prepared guidelines to assist the legal community in determining when to charge, collect, remit or hold the tax in trust until the issue of PST on legal services is resolved by the Supreme Court of Canada.

The guidelines, based on the Christie decision, provide guidance to the profession as to which legal services fall within “the determination of rights and obligations by courts of law or independent administrative tribunals” and provide definitions of barristers’ and solicitors’ services, information about independent administrative tribunals, and a list of frequently asked questions.
www.rev.gov.bc.ca/ctb/Legal_Services_Provided_to_British_Columbians.htm

Restorative Justice and People with Developmental Disabilities
The BC Association of Community Living has produced two booklets about restorative justice and people with developmental disabilities. Both are available in print and online.

A 16-page booklet for family members, advocates, and community living service providers aims to help them understand restorative justice and how it can help resolve conflicts involving individuals with developmental disabilities.

An 11-page booklet for facilitators is designed to help restorative justice facilitators understand the unique abilities and challenges of individuals with developmental disabilities involved in a restorative justice process. www.bcacl.org/documents/CL_Booklet_Community_Living.pdf

JULY

Supreme Court Self-Help Information Centre Celebrates First Year
The BC Supreme Court Self-Help Information Centre, located at the Vancouver Law Courts, has just completed its first year of operations. The Centre’s innovative services have proven to be a significant success and the work of the Centre is drawing national and international attention.

The mandate of the Supreme Court Self-Help Information is to facilitate access to justice by offering advice, information, and education about procedures in the Supreme Court of British Columbia to people who are going to court without legal representation. For more information, see the Supreme Court Self-Help Information Centre website.

Pro Bono - Do We Do Enough?
Comments by Meg Shaw, President, Canadian Bar Association BC Branch, on the status of pro bono work in British Columbia.

Online interview with the Chief Justice in Canadian Lawyer
The June 2006 edition of Canadian Lawyer magazine has an interview with the Right Honourable Beverley McLachlin, Chief Justice of Canada, which is available online. The interview addresses upcoming legal issues her assessment of the Court’s accomplishments.

New Courthouse at Salmon Arm
The City of Salmon Arm BC celebrated the Grand Opening of the Salmon Arm City Hall/Courthouse facility on Friday, June 23.

Solicitor's Liens Protected
On May 18, Bill 30, the Miscellaneous Statutes Amendment Act (No.2) was proclaimed, and a two-and-a-half year campaign by the CBA to protect solicitor’s liens came to a successful conclusion. The story of the behind-the-scenes work to bring about this end is known to only a few, but reflects the best of CBA advocacy on behalf of B.C. lawyers.
www.cba.org/BC/cba_publications/bartalk_06_06/cover.aspx

Pivot Legal Cooperative Wine & Cheese Event for Lawyers
Pivot Legal Cooperative is hosting a Wine and Cheese for lawyers on July 18, 2006. If you are junior counsel interested in a more meaningful and flexible career in the practice of law, or senior counsel interested in public interest litigation and in mentoring a younger generation of idealistic lawyers, you are warmly invited to come and learn about becoming involved in this award-winning social enterprise.
Time 7:00 p.m.
Place: 728 Main Street, Vancouver
RSVP to co-op@pivotlegal.org
Also check out the new Pivot Legal website: www.pivotlegal.org

Family Justice Website Re-vamped
Check out new design of the Family Justice website, developed for people who are dealing with family law issues.

CBA Canadian Legal Conference
This year, the Canadian Bar Association’s Canadian Legal Conference and Expo takes place August 13 to August 15 in St John’s Newfoundland. The Conference features CLE programs, sessions and networking opportunities. www.cba.org/CBA/annualmeeting/pdf/stj_brochure.pdf

The Ombudsman’s Report into Systemic Unfairness at the Ministry of Employment and Income Assistance Leads to Changes
In early 2005, 15 anti-poverty groups from across BC complained to the Ombudsman about systemic unfairness at the Ministry of Employment and Income Assistance because of widespread concerns about unfair practices experienced by poor people who need assistance from the Ministry. The Ombudsman’s investigation led to legislative and policy changes at the Ministry. The BC Public Interest Advocacy Centre reports on the changes. www.bcpiac.com/pub/currInterest/FactSheetMay2006.pdf

Law Society links to GST information
The GST dropped 1%, from 7% to 6% on July 1. The Law Society of BC website has a link to the Canada Revenue Agency website for lawyers who have questions about GST on their own invoices or about application of the tax in any transactions they are handing for clients.

JUNE

June 2006: Telephone Advice for Accused in Custody
People who are in custody at police lock-ups waiting for release on bail can now get legal advice over the phone. In April, the Legal Services Society launched an innovative two-year pilot project to help people who are being held on criminal charges.

The advice counsel phone service operates in the evening and on weekends and statutory holidays, when it can be difficult to reach a lawyer. Available throughout the province, the service also reaches areas where courts do not sit regularly.

A criminal lawyer provides callers with legal advice on their proposed conditions of release, such as whether they're reasonable and should be accepted, or whether callers should wait until they can go to court. The lawyer can also negotiate with police about the terms of release. If the caller has difficulty with English, an interpreter can join the call.
www.lss.bc.ca/__shared/assets/Telephone-advice-for-accused-in-custody1335.pdf

New PLEI Catalogue Available
A new edition of the Public Legal Education and Information Resource Catalogue (BC) 2006/2007 was released at the end of May. The free catalogue is a resource for advocates, intermediaries, lawyers, and the general public. The catalogue lists print, online, and audio-visual resources produced by 22 organizations that provide public legal education in BC. It is sponsored by the BC Public Legal Education (PLEI) Working Group, and is produced by the Legal Services Society.

Update on PST for Legal Services to Low-Income People
The British Columbia Court of Appeal has varied its partial stay in Christie v. British Columbia, 2006 BCCA 120 with respect to Christie v. British Columbia, 2005 BCCA 631. The new ruling holds that lawyers are not required to collect tax from low-income persons on legal services related to the determination of rights and obligations by courts of law or independent legal tribunals. The Law Society of BC has advised that no order has been entered yet, and that issues need to be clarified.
/www.cle.bc.ca/CLE/Stay+Current/Collection/2006/5/06-bcca-christiemay

MAY

Charter Challenge of "Spouse-in-the-House" Rule Leads to Legislative Amendment
In 2003, BC resident Karen Bostock was cut off employment assistance and ordered to repay $9000 in benefits because she lived with a male roommate. Sarah Khan of the BC Public Interest Advocacy Centre challenged the law that stated that anyone receiving social assistance who lived with another person and shared what the Ministry of Employment and Income Assistance called "the necessities of life" was declared part of a couple for benefit purposes. Ms. Khan's Charter challenge was successful and following promised legislative amendments, the onus will be on the Ministry to prove that two people who receive social assistance and who share a home are a couple.

For details of the story, consult the Globe and Mail at:
www.theglobeandmail.com/servlet/story/LAC.20060515.BCSPOUSE15/TPStory/National

New Adult Guardianship Legislation Introduces the Advance Directive, Repeals Patients Property Act
The Adult Guardianship and Planning Statutes Amendment Act (Bill 32, 2nd Sess., 38th Parl.) was given First Reading in the BC legislature on April 27, 2006. The Bill will repeal the Patients Property Act, R.S.B.C. 1996, c. 349 and replace committees with court-ordered and statutory guardianship.

The Adult Guardianship and Planning Statutes Amendment Act provides three legal options for adults to set out their wishes for their future, should they become incapable of making their own decisions: enduring power of attorney, representation agreement, and a new planning option, the advance directive.

An advance directive allows capable adults to provide instructions, in advance, refusing health care services if they become incapable of making decisions on their own. Unlike representation agreements, advance directives do not require a substitute decision maker to be appointed.

Representation agreements will continue to be available for adults who prefer to have a substitute decision maker make health care and personal care decisions for them.
www2.news.gov.bc.ca/news_releases_2005-2009/2006AG0021-000500-Attachment1.htm

Family Law and You: Representing Yourself in Supreme Court
The Law Courts Education Society of BC has posted a one-hour video that provides useful information about court procedures for family matters such as divorce, custody, access, guardianship, and support. The video is designed for people who are going to Supreme Court on a family matter and who do not have a lawyer to represent them.
/www.lawcourtsed.ca/Parents_Families/

Call for Entries for Seventh Annual Justicia Awards
Nominations are being sought for the seventh annual Justicia Awards for Excellence in Journalism.
The Justicia Awards recognize outstanding broadcast and print stories that foster public awareness and understanding of any aspect of the Canadian justice system, or the roles played by institutions and participants in the legal system. They are sponsored by the Canadian Bar Association, the Law Commission of Canada and the Department of Justice Canada.

Two prize winners, one in each category, will be selected by an independent judging panel. The awards will be presented at the annual meeting of the Canadian Bar Association in St. John's, NL on August 12.

The deadline is June 2, 2006 for entries covering stories that were published or broadcast between May 16, 2005 and May 15th 2006. Entry forms may be obtained online at www.cba.org/cba/awards/justicia/ or by contacting Emily Porter, Canadian Bar Association, at 1-800-267-8860 ext. 155 (emilyp@cba.org).

Child Support Guideline Payment Amounts Updated
Federal Amendments to the Canadian and BC Child Support Guidelines came into effect on May 1, 2006 in British Columbia and across Canada.  They update payment amounts for BC Child Support payments
canada.justice.gc.ca/en/ps/sup/

APRIL

Pro Bono Champion Dugald Christie Honoured
On March 31, 2006, the Trial Lawyers Association of BC (TLABC) presented Vancouver-based lawyer Dugald Christie with the 2006 TLABC Bar Award.

TLABC President Gary Weatherill said: "In essence, Mr. Dugald Christie could very well have earned this award back in 1990, the year he founded the Western Canada Society to Access Justice. His long-term dedication to the cause of justice - particularly with regard to helping others access it - is a highly significant effort on behalf of citizens who would otherwise be without legal assistance."

"Mr. Christie's work is of fundamental importance," explained Mr. Weatherill. "This began with research efforts to further the cause of justice and has been followed by his ongoing work to establish pro bono clinics. Most recently, Mr. Christie has been the one leading the way in a legal battle to eliminate the PST on legal fees in BC."

CLE’s Annual Review of Law & Practice
The BC Continuing Legal Education Society’s Annual Review of Law & Practice focuses on the key developments and trends in British Columbia law. Now in its fifteenth annual edition, the Annual Review contains 34 chapters packed with commentary about the main legislative, case law and practice changes in British Columbia. This edition features two new chapters: Administrative Law, written by Michael Stephens and Poverty Law, Public Interest Law, and Access to Justice, written by a team of lawyers headed by Allan Parker.
/www.cle.bc.ca/CLE/Publications/Individual+Publications/Books/Summaries/30870.htm

Statutes on Department of Justice website
The Department of Justice is in the process of upgrading its online ability to consolidate legislation and to provide for regular updating of Acts and regulations on its public website. The regulations on this website are at present current to February 21, 2006. The Acts are current to March 3, 2006. As a result of the upgrade, 'Not in force' provisions will be temporarily unavailable.
laws.justice.gc.ca/cgi-bin/notice.pl

Canadian Forum on Civil Justice: News and Views, Issue 9, Spring 2006
This issue of News and Views sets the stage for the conference Into the Future: The Agenda for Civil Justice Reform to be held in Montreal, April 30 - May 2, 2006.
www.cfcj-fcjc.org/publications-newsAndViews.htm#issue9

March issue of ELAN
The March issue of Electronic Legal Aid Newsletter produced by the Legal Services Society for community workers contains tips from staff, plus updated family law publications and upcoming multilingual publications. Elan is an electronic newsletter of the Legal Services Society e-mailed once a month to community stakeholders who choose to receive this service. You can subscribe at the website.
www.lss.bc.ca/ElectronicLegalAidNewsletter.htm.

First World Elder Abuse Awareness Day: June 15
The first World Elder Abuse Awareness Day on June 15 will be marked by events worldwide. The key objective of World Elder Abuse Awareness Day is to raise awareness of abuse and neglect of older adults. For details of events in British Columbia, the link takes you to the Canadian Network for the Prevention of Elder Abuse.
www.cnpea.ca/

US Pro Bono Institute: “Charting the Future of Pro Bono”
The Pro Bono Institute’s annual seminar ‘Charting the Future of Pro Bono’ was held in Washington DC from 2-4 March. Sessions included “Blending Pro Bono and Community Service” and “Legal Ethics: Conflicts of Interest and Positional Conflicts.” The seminar noted an increase in the number of corporate in-house counsel in the US who are looking to commence or improve existing pro bono programs.
www.probonoinst.org/whats.php

Pro Bono work should benefit all parties
In the Lawyers Weekly (Vol. 25 No. 24), Lynn Burns, the executive director of Pro Bono Law Ontario, comments on the opportunities provided by pro bono for lawyers to delve into new practice areas, to write self-help materials or give legal education presentations, or even for young lawyers to enter the courtroom. Pro bono experiences also provide networking opportunities with different client bases, corporate members of community agency boards or senior legal mentors.
www.lexisnexis.ca/lawyersweekly/index.php?section=article&articleid=249

MARCH

BC Farmworkers take EI appeal to tax court
BCPIAC and the Community Legal Assistance Society are working with the Farmworkers Legal Advocacy Program to assist 76 largely poor and elderly Indo-Canadian farmworkers in their appeal to the Tax Court of Canada against charges of EI fraud.
www.bcpiac.com/pub/newsReleases/FarmworkerNewsReleaseFeb-06.pdf

Pivot Legal Cooperative Wins Award in Small Business BC's Business Plan Contest
Small Business BC, a federal and provincial government partnership aimed at promoting small businesses, has awarded Pivot Legal Society a prize in its annual Small Business Plan Contest. Pivot Legal Society won the prize, valued at $1500 in addition to various in-kind business consulting services, for its plan to develop Pivot Legal Cooperative. Pivot's plan was selected from more than 80 business plans submitted from across BC and Canada.
www.pivotlegal.org/06-01-17--pivot_award.htm

Left Behind: A Comparison of Living Costs and Employment and Assistance Rates in BC
SPARC BC researchers assess the adequacy of income assistance rates in BC. The report demonstrates that the maximum income assistance rates in BC remain too low to sustain anyone requiring income support. Benefit levels in BC have remained static despite rising shelter, heating, transportation and food costs.
www.sparc.bc.ca/index.php?option=com_docman&task=doc_details&gid=
129&catid=98&Itemid=110

Law Society Award: call for nominations for 2006
Nominations for the 2006 Law Society Award, which is intended to honour exceptional lifetime contribution, must be received by Friday, May 5, 2006.
www.lawsociety.bc.ca/about/honours_awards/ls_award.html

ICDAA Seeks Pro Bono Lawyer for Legal Aid Afghanistan Project
The International Criminal Defense Attorneys Association (ICDAA), an NGO based in Montreal, Quebec, seeks a pro bono lawyer to provide support and advice to Afghan criminal defense lawyers. For a detailed job description, consult www.aiad-icdaa.org/pdf/Legal_Aid_%20Afghanistan.pdf.

Salvation Army Seeks Lawyers for Downtown Vancouver Clinic
The Salvation Army Pro Bono Program requires 3-5 lawyers with broad legal experience to staff their Belkin House clinic for 2 hours per month. The lawyers will primarily see individuals enrolled in Belkin House programming who have poverty law issues. In particular, clients are likely to be confronted with issues involving landlord/tenancy law, access to disability benefits, and social assistance. Belkin House, located at 555 Homer Street in downtown Vancouver, is able to provide counselors to assist lawyers involved in the pro bono clinic. For more information, contact John Pavey, Manager/Central Coordinator of the Salvation Army Pro Bono Program, at 604-694-6648, or by e-mail at john_pavey@can.salvationarmy.org.

february

SelfHelpSupport.org
This is a membership site with extensive information about self-representation in the U.S. The site, which is supported by Pro Bono Net in New York, features a library of resources, information about conferences, and updates on current research.
www.selfhelpsupport.org/

Latest Issue of ELAN - Legal Aid Newsletter
This newsletter is for community workers. It contains tips, news of topical issues and details of workshops and resources.
www.lss.bc.ca/ElectronicLegalAidNewsletter.htm

Counsel and Self-Representing Litigants Can Request to Appear Back Before a Specific Supreme Court Judge or Master
As of January 1, 2006, counsel or self represented litigants may request to appear back before a specific judge or master by completing this form.
www.courts.gov.bc.ca/sc/requesttoappear.asp

Electronic Access to Court Documents
The Superior Courts Judiciary and Provincial Court Judiciary have prepared a consultation paper to invite comments from the legal profession and the public on remote access to electronic documents through Court Services Online (CSO).
www.courts.gov.bc.ca/sc/whats%20new/Electronic_access/
Electronic%20Access%20to%20Court%20Documents.htm

Information on the Pickton Trial
Information about the trail of Robert William Pickton is available on the Ministry of Attorney General's Court Services website. The page currently includes the indictment, information on publication bans, information on access and street parking, and information for the media.
www.ag.gov.bc.ca/courts/pickton/index.htm

january

Guide to the Safe Streets Act
The Safe Streets Act affects many people, including panhandlers, squeegee kids, street vendors and charity fundraisers. A brochure published by the Legal Services Society, BC Public Interest Advocacy Centre and the BC Civil Liberties Association, contains information about rights under this law.
www.bcpiac.com/pub/currInterest/SafeStreetsAct-brochure.pdf

Fact Sheet: Welfare overpayments and fraud
What you should know if you are, or have been, on income assistance and the Ministry of Employment and Income Assistance says you owe them money.
www.bcpiac.com/pub/currInterest/OverpaymentFactSheet.pdf

Poverty Law Section of CBABC appeals to Attorney General
The Poverty Law Section of the Canadian Bar Association invites the Honourable BC Attorney General Wally Oppal to discuss meaningful legal representation for poverty law issues.
www.bcpiac.com/pub/currInterest/OppalLetter-Revised-Nov10-05.pdf

Report recommends legal aid improvement
The Legal Services Society has announced the release of a report, which suggests changes to the legal aid rate system. Managing for Results: LSS Tariff Renewal recommends improvements to the compensation provided to lawyers who represent legal aid clients and follows an extensive review of the current tariffs.
www.lss.bc.ca/__shared/assets/Backgrndr-tariff-renewal-20051233.pdf

BCSC to resume posting family law judgments online
Chief Justice Donald Brenner has issued a Notice to the Profession stating that the BC Supreme Court's website will once again feature family law judgments effective January 1, 2006. This change is due to concerns that lawyers and members of the public have been having trouble accessing the law.
www.cle.bc.ca/CLE/Stay+Current/Collection/2005/12/05-bcsc-famjudgments.htm

WorkSafeBC launches new website
WorkSafeBC of the Workers' Compensation Board of BC has launched a new website. The site is designed to provide employers and workers with access to health and safety, compensation, rehabilitation and insurance information.
www.worksafebc.com/default.asp

Residential Tenancy Deposit Interest Calculator
The Residential Tenancy Office has released a Security Deposit Interest Calculator. It displays the interest earned on deposits accumulated from the date the deposit is received by the landlord to the date the deposit is returned to the tenant. The calculator is web-based, works with major web browsers and operating systems, and allows results to be printed.
www.rto.gov.bc.ca/content/calculator/calculator.aspx

PST on legal services
The Consumer Taxation Branch of the Ministry of Small Business and Revenue has advised the Law Society of BC that it intends to issue guidelines respecting the application of PST to bills for legal services, in light of the BC Court of Appeal decision in Christie v. British Columbia. The Law Society expects the Branch to issue guidelines during January.
www.lawsociety.bc.ca/utilities/whatsnew.htm#pst

Law Foundation of BC Provides Grant for Coverage of Roster Program Disbursements
The Law Foundation of British Columbia approved a two-year grant to Pro Bono Law of BC to pay for disbursements incurred in pro bono cases coordinated through the Roster Programs.  Disbursement coverage will be limited to cases involving full-representation and relating to poverty law issues.  Pro Bono Law of BC is developing a plan for the authorization and payment of disbursements based on the Legal Services Society’s framework for disbursement coverage.

Pivot Legal Society Launches Inaugural BC Pro Bono Awards
Pivot Legal Society is seeking nominations for lawyers and law firms who contribute to social justice by undertaking public interest litigation on a pro bono basis.  The primary criteria for the lawyers’ BC Pro Bono Award will be case impact relating either to social justice and environmental protection.  This will be firstly systemic impact, in terms of precedent value and changes in legislation and policies as a direct or indirect result of the decision.  In addition to systemic impact, the personal impact on the clients, the quality of pleadings and argument as well as the intrinsic legal interest of the case will be considered.  Finally, any hardship or liability incurred by the lawyer will be considered.

A second category of the award will go to law firms.  This award will not be based upon systemic impact, but upon dedication.  Law firms can nominate themselves by submitting the total number of pro bono hours donated in 2005 and the number of lawyers employed by the firm.  The award will go to the law firms with the most pro bono hours per lawyer, as well as the most total pro bono hours.

Nominations can be made by submitting a paragraph summarizing the file/case, and the decision to Pivot Legal Society. Pleadings may also be attached.  The deadline for nominations is February 15, 2006.