BarTalk October 2000
Volume 12, Number 5

A new year, a new approach

by Margaret Ostrowski QC

I plan to make a difference this year. During the course of my many years on the Executive of this Branch, I have spoken to hundreds of our members – both individuals and those representing larger constituencies, and I have been asked to make a difference.

Some differences are already there for me. As I start my year as President, I am working with two new Chief Judges, Chief Justice Brenner and Chief Judge Baird Ellan. I am working with Rob Milen, an interim Executive Director who will be followed within a few months by a new Executive Director at the Branch. I am not challenged by these changes, but absolutely delighted with the new energy, enthusiasm and dynamics that each of these changes has brought.

Some inherent long-standing differences need to be highlighted and explained. Some of our members do not understand the differences between the Canadian Bar Association and the Law Society. Our Canadian Bar Association is a “lawyers for lawyers” organization that holds the interests of our members as paramount. The Law Society holds the interests of public protection as paramount and accordingly acts as our licensing, competency and discipline body. Sometimes we can work together with the Law Society for a common goal; many times our goals are too different and rightfully so.

Our image as lawyers differs from that of accountants, doctors, and engineers. Ours is a strong, hardworking profession that needs some good PR. Perhaps we need to let the public know that our average lawyer does not make over $75,000 per year.

We are a national organization. However, our Branch is different from other provincial Branches: we have the largest universal membership; many of our members are located outside the main population centre; we have a large immigrant community base; and we are the province located farthest from our national office. We have many strong vocal members. We have the largest number of Sections and Sub-sections in Canada.

Some of the differences between us, between our law practices and between our communities need attention and energy. Our Equality Committee has never been stronger. It is a forward-looking committee working to ensure that processes and plans include an educational component so that we can accommodate and celebrate differences and to ensure that we are helpful and welcoming to all. Our judges, our politicians and private enterprise are similarly kept up to date and challenged. Sometimes the differences between us are less than constructive. A Branch initiative that I have been encouraging for some time now is an ombudservice for our members. Presently, we have a very able working group preparing a proposal for such a free service to assist our members in resolving misunderstandings and disputes and correcting unfair processes for which our members to date have had no recourse.

I have found the issues and needs of barristers and solicitors are often very different. Our Branch has been working hard on issues such as Legal Aid, Civil Justice Reform and Access to Justice for the barristers. However, the income of our solicitors has been increasingly eroded by notaries, title insurance, accountants and paralegals. There are too few solicitors on our Executive, serving as Benchers of the Law Society, chairing our committees, and serving on the Bench.

Our sole practitioners and our small town general practitioners have issues quite different than our large firms. Our Branch must service both.

I hope from this short introduction that you have an idea of the areas of commitment where I plan for my creative energy and drive to make a difference.

This article was published in the October 2000 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.