News from the June Provincial Council Meeting

by Frank C Kraemer

I am using this column to report on the Branch’s June Provincial Council meeting, as many of the meetings where reports of Council activities could be made occur less frequently in the months of July and August.

CBA Fees
At the December 2004 meeting of Provincial Council, a Resolution was passed calling on the Branch to bring a Resolution at the Mid-Winter Meeting in Charlottetown to rescind a provision of the National Bylaws that provides for an annual COLA on membership fees. Because the fee increase proposed by the National Membership Committee (which included a cost-of-living provision) passed at the Mid-Winter Meeting, CBABC’s Resolution was ruled out of order. At this meeting of Provincial Council, the Executive Committee sought direction as to what position the Branch should take at the upcoming Canadian Legal Conference (CLC) in Vancouver on this subject.

After debate, there was a clear consensus of Provincial Council that the Branch ought to do what it can to reverse the Charlottetown decision, which would see fees increase by 5 per cent annually for the next three years, but that it ought not to pursue amendment of the Bylaws with respect to the annual cost-of-living increase on fees. The Branch has filed a Resolution seconded by the Ontario Branch to rescind the Charlottetown Fee Increase Resolution.

Darrell Bricker Presentation
Darrell Bricker, President of Ipsos-Reid Corporation provided Provincial Council with a fascinating report about the changing attitude of law students and lawyers to the practice of law. The report is part of the work undertaken by the National Futures Committee. The study involved four distinct groups: law students, and lawyers who had been called two years, seven years and fifteen years. One of the findings of the study was that lawyers who had been called two years were significantly less satisfied with their careers than either the law students or those lawyers who had been practising for a longer period of time. Provincial Council members fully appreciated that this lack of satisfaction could have a profound effect on the profession over time and may in part account for the significant departure of young lawyers from the practice of law.

Budget
Provincial Council passed the Budget for the fiscal year 2005/2006. The Budget, as approved, anticipates a deficit of $198,000. This is the second year in the non-universal membership world in which the Branch has budgeted a deficit. However, past experience indicates that any deficit is likely to be less than that which is budgeted. As well, on the advice of the Branch’s auditors, the Branch will now be recording membership revenue in the fiscal year in which the services will be provided. Although that has an impact on revenue in the current fiscal year, it is a one-time adjustment only.

Other Presentations
Provincial Council also received a presentation on the LSBC Interim Report on Delegation and Qualification of Paralegals, an update on the work of the Branch on the Trust Administration Fee as well as information about a resolution proposed to be brought to the CLC in August, respecting the recognition of Indigenous legal systems in judicial appointments, particularly at the Appellate Court level, including the Supreme Court of Canada.

This article was published in the August 2005 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.