Keep your practice current

by Fran Hodgkins

The following are brief summaries of several recent Section meetings held throughout the province. More detailed information, minutes, and Section Papers from the Section meetings are accessible online at www.cba.org/bc for enrolled CBA members.

Commercial and Real Estate – Vancouver Island/Civil Litigation – Vancouver Island
Joint Meeting: November 9, 2006
Speaker: Harold Rusk, Cardinal Law
Topic: Foreclosures: Basics and Beyond

This meeting was a “must” for anyone new to foreclosure or anyone seeking a refresher. Mr. Rusk has extensive experience representing both institutions and individuals in matters concerning foreclosure law. The topic was of interest to solicitors and litigators from the Commercial and Real Estate Section and the Civil Litigation Section who all gained insight into developments in law as well as a first hand view on the legal process and procedure involved at the court level.

Criminal Justice – Victoria
Meeting: November 16, 2006
Speakers: Dirk Ryneveld, QC, Police Complaints Commissioner, Bruce Brown, Deputy Commissioner, Adrian Brooks, QC
Topic: Complaints of Police Misconduct and Report on Proposed Federal Legislation

Dirk Ryneveld, QC and Bruce Brown gave a presentation on the structure of the Commission and the complaints process. Mr. Ryneveld also commented on changes that he would like to see on the powers and procedures of the Commission in order to increase its effectiveness and its independence from the police. Adrian Brooks, QC, a local defence counsel is also a member of the CBA National Criminal Justice Section that responds to proposed legislation and provides information to Parliament on the CBA’s position. Mr. Brooks explained that the CBA’s position is always well respected and often persuasive. The work of the National Section is an important voice for all lawyers and its work has had a significant effect on proposed crime-related legislation.

Family Law – Vancouver
Meeting: October 24, 2006
Speakers: R. Craig Neville, Watson Goepel Maledy and John-Paul Boyd, Aaron Gordon Daykin
Topic: Retroactive Child Support – D.B.S. v. S.R.G. 2006 S.C.C. 37; Legislative Amendments

This well attended meeting of Section members heard Craig Neville give an informative and interesting presentation on retroactive child support. The paper entitled “Retroactive Child Support Going Forward” prepared by Mr. Neville and Jennifer Bergman outlined the current state of the law regarding retroactive child support in light of the recent Supreme Court of Canada decision in D.B.S. v. S.R.G.; L.J.W. v. T.A.R.; Henry v. Henry; Hiemstra v. Hiemstra, 2006 SCC.37. JP Boyd followed this presentation with a summary of recent legislative amendments in his ‘Legislative Amendments Roundup’ circulated to all in attendance.

Health Law
Meeting: November 27, 2006
Speaker: Dr. Brian Emerson, B.C. Ministry of Health
Topic: B.C. Public Health Legislation Renewal – a new Public Health Act

Before joining the B.C. Ministry of Health as a Medical Consultant, Dr. Emerson was a Medical Health Officer on Vancouver Island. Currently, Dr. Emerson is the Chair of the Working Committee for the new Public Health Act. At this meeting, Dr. Emerson discussed the policy, goals, and objectives of the new Public Health Act with a very informative PowerPoint presentation.

International Law
Meeting: November 21, 2006
Speaker: David Matas
Topic: Using International Law in Canadian Litigation

Mr. Matas, a well-known practitioner in the areas of refugee, immigration, and human rights law, addressed the International Law Section on the use of international law in domestic litigation. In particular, Mr. Matas discussed the use of international law sources, the problems confronting counsel who seek to use these sources and the rules for their application in Canadian law. Mr. Matas drew on his wealth of personal experience arguing appeals before the Supreme Court of Canada to illustrate the potential, and the pitfalls, of applying international law in Canadian litigation.

Labour Law
Meeting: November 14, 2006
Speakers: Michael W. Hunter, QC, Fasken Martineau Dumoulin LLP, Charles R. Gordon, Fiorillo Glavin Gordon
Topic: “Has the LRB fallen off the radar screen?”

As a follow-up to the McKenzie v. Minister of Public Safety and Solicitor General et al. (2006) BCSC 1372 decision the speakers were invited to discuss whether the British Columbia Labour Relations Board enjoys the proper safeguards of independence from government, the role of the Board, and such matters as the funding of the Board and the appointment and renewal process of Vice-Chairs.

Find Out What You’re Missing!
Attend one free Section meeting if you are not a CBA member. View the Calendar of upcoming meetings being held by B.C.‘s 66 Sections online at www.cba.org/bc under Sections. December’s BarTalk included a form to attend a complimentary Section meeting. Check us out!

What is the Role of a Section Legislative Liaison?
CBABC Legislative Liaisons advise their Section members about changes in statutes, bills, and regulations provided by the B.C. Branch Legislative and Law Reform Officer. They often give oral reports at regular Section meetings on legislative initiatives or communicate updates by e-mail. To keep up-to-date in your practice areas enrol in Sections now! Print a form from our website www.cba.org/bc or call the Branch office at 604-687-3404 or toll free at 1-888-687-3404.

This article was published in the February 2007 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2007, all rights reserved.