BarTalk October 2001
Volume 13, Number 5

Warning: Proceeds of Crime Conflicts

The CBA has fought hard for three years against the inclusion of lawyers within the Proceeds of Crime (Money Laundering Act), because it puts lawyers in a conflict position with respect to their obligation to monitor solicitor-client privilege and our duty of confidentiality. In effect, lawyers become agents of the State, acting against the interests of their client.

If you haven’t read up on the Bill C-24, do it now. The bottom line is this: unless something changes, you may find yourself caught between a rock (the Law Society) and a hard place (court – non-compliance with the Act can result in fines and/or jail). In addition, lawyers are subject to search without a search warrant, under the Act. Pay attention to regulatory and ethics notices from the Law Society, to ensure you are in compliance with their guidelines. See “A Guide to Managing a Lawyer’s Obligations under the Proceeds of Crime Legislation” at www.lawsociety.bc.ca.

Canadian Bar Insurance Association News

This is the first Canadian Bar Insurance Association column, designed to keep BC lawyers current on developments within the CBIA.

Your BC Directors, Elizabeth Lyall and John Ankenman serve on committees charged with product development, financial management and claims adjudication. At the Board of Directors’ September 21 meeting, John was elected to the Board of Management for 2001-03.

The BC Branch shared on a premium dollar basis in the $455,000 user fee paid by CBIA to CBA last year. A $10 million premium rebate of 25-80 per cent to life and disability insureds based on policy age will be paid out in the next two weeks across Canada. Bar group disability rates will drop 10 per cent effective December 1. The continuous review of new insurance and financial products tailored to Canadian lawyers’ needs currently includes medical/dental for lawyers over 65 and Critical Illness insurance.

We want your feedback, positive and negative. CBIA is owned and operated by and for Canadian lawyers, their families and employees, and is a not for profit company. Contact either of your Directors, any member of the BC Branch Member Services Committee, or your BC insurance representatives Eric Mass and David Hodgson for more information.

These articles were published in the October 2001 issue of BarTalk and are subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.