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.

Aboriginal Law – Vancouver
Meeting: June 4, 2007
Speakers: Merrill Shepard, Donovan & Company; Angela D’Elia, Nisga’a Lisms Government
Topic: The Use of Trusts and Societies by First Nations: Update on Governance and Tax Issues

Mr. Shepard spoke of the challenges in adopting the trust format focusing on process issues arising generally and with a particular focus on the fiduciary duty of Chief and Council (C&C) to membership. He highlighted a number of important points, including: trustees following rules of natural justice – can’t just arbitrarily benefit one group; the value of meeting (separately) with a number of family groupings; and the use of plain language drafting notes to assist the community. Angela D’Elia discussed the structure of Nisga’a government with a particular focus on the use of societies as the corporate form for urban locals which provide services to urban Nisga’a citizens and also yield elected representatives from urban centres to the Nisga’a legislative and executive bodies. Approximately 50 per cent of Nisga’a population exists in urban areas so there is a significant role for these societies in providing services to Nisga’a citizens (e.g. child and family services).

Corporate Counsel
Meeting: June 11, 2007
Speaker: Paul Kelly, Jr, former General Counsel of Nike
Topic: Legal Issues Facing a Company with International Operations

During his 17 years with Nike, Mr. Kelly served in several key roles including overseeing Nike’s global government affairs team and its activities through offices in Washington, D.C., Oregon, Brussels, Singapore and Beijing. Mr. Kelly used a particular long-term series of litigation taking place in many countries over many years to illustrate the complexities of international business relationships and legal risks. He focused on the need to carefully select foreign counsel, manage expectations within your internal clients and to expect the unexpected. He illustrated the large differences in litigation practice in a civil law environment and frankly addressed some mistakes and lessons learned by Nike during the years of these court cases.

Real Property – Vancouver
Meeting: June 6, 2007
Speakers: Darcy Hammett, Director of Strategic Operations, Land Title and Survey Authority; Sandy King, Program Analyst, Land Title and Survey Authority; and Ed Wilson, Lawson Lundell LLP
Topic: Update on Electronic Filing and Standard Form Contract of Purchase and Sale – Leasehold Interest in Indian Reserve Lands

A PowerPoint presentation of the update on electronic filing and an overview of new developments, including the electronic submission of digital survey plans, were provided to the members by guest speakers Darcy Hammett and Sandy King. To date there have been more than 460,000 applications for e-filing. Mr. Wilson discussed the standard contract for Native Lands and the increase of condos being built on Native Lands. He asked members to review the new set of CBA undertakings on Native Land and send any comments to him.

Labour Law
Meeting: June 18, 2007
Speakers: The Honourable Mr. Justice Stephen Kelleher; Shona A. Moore, QC; and Peter F. Parsons
Topic: Retirement from Labour Arbitration of Donald R. Munroe, QC

This year’s annual Labour Law Section end-of-year dinner held at the Law Courts Inn honoured respected Arbitrator Donald R. Munroe, QC on the occasion of his retirement from labour arbitration. The dinner was attended by more than 140 members and guests, who were entertained by lively reminiscences of Arbitrator Munroe’s remarkable contribution, spanning more than three decades, to the labour relations community and the practice of labour law in British Columbia. Thanks go to the speakers at this event, Peter F. Parsons, Shona A. Moore, QC, and the Honourable Mr. Justice Stephen Kelleher.

“Don Munroe’s retirement will result in a real loss to the Labour Law community. It was wonderful to see so many who came out to celebrate Don’s illustrious career.”– Section Co-Chair, Diane MacDonald

Immigration Law
Meeting: June 27, 2007
Speaker: Margaux Kaczor, Client Services Unit (CIC-Vancouver)
Topic: Permanent Resident Card Renewals

Margaux Kaczor provided immigration practitioners with an update on Perm-anent Resident Card processing. Of the two million cards issued so far, the first ones will have to be renewed in the next few months for those permanent residents who have not become Canadian citizens. Ms. Kaczor discussed how the Department was seeking to deal with the anticipated increase in PR Card applications, and addressed questions from the members on processing issues.

“Since the PR Card, with its fixed validity period, was a new initiative introduced in the current legislation in 2002, our members are interested to learn practical tips on renewing it. This issue has widespread effect so we are pleased to learn and pass along useful information to clients and colleagues.”

Chair-elect Craig Natsuhara was pleased with the timing of the presentation, on the eve of the five-year anniversary of the introduction of the Immigration and Refugee Protection Act, when the cards (which have a five-year validity in most cases) started being issued.

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