 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.
Employment Law
Meeting: June 27, 2007
Speakers: Nazeer T. Mitha, Harris and Company; Simon Kent, Kent Employment Law
Topic: Employment Law – The Year In Review
Nazeer T. Mitha reviewed various cases of significance this past year, emphasizing several decisions where employers were successful in establishing just cause. He provided a paper on New Developments in Just Cause and Constructive Dismissal to members at this well-attended meeting. Simon Kent discussed several recent Employment Standards Act cases, two of which were Colak and Holland, and both of which have significant implications for the employment Bar. He also noted that the Director of Employment Standards will not enforce judgments and will not allow the parties to enforce the judgments themselves on the basis that the judgment belongs to the Director.
Criminal Justice – Vancouver
Meeting: May 16, 2007
Speakers: Jeffrey G. Johnston, Counsel, International Assistance Group, Department of Justice Canada; Greg Delbigio, Defence Counsel
Topic: Extradition – Latest Developments
Mr. Johnston provided members with a handout entitled Latest Developments in Extradition Law. The Extradition Act implements Canada’s treaty obligations. The extradition process begins when a foreign jurisdiction requests the release of an individual, currently in Canada, because that individual could be charged or sentenced in the foreign jurisdiction. In Canada, there are hundreds of outstanding extradition cases. With hearings and appeals, each case takes on average up to five years to process. Mr. Delbigio, who practises criminal law, said that extradition law has shifted of late. Where the requesting state provides a disclosure package, the requesting state now certifies the evidence is “available for trial.” Defence counsel doesn’t get all that is in the hands of the requesting state as disclosure, but only that which is relevant to committal, and this is narrow. The following considerations decide if there is a sufficient case: Is the evidence otherwise admissible under Canadian law?; Is the record of the case certified as required by the Act?; Have the documents been provided?; and, Is the evidence from the person sought reliable and relevant to whether there is a prima facie case?
 Section Chairs Spotlight
Cori McGuire
The Family Law – Okanagan Section members are kept current and up-to-date due to the work and dedication of Co-Chairs Cori McGuire and Valerie Bonga. Throughout each year, six or seven Family Law – Okanagan Section meetings are held in Kelowna including joint meetings with the ADR – Okanagan Section. Ms. McGuire attended two national Family Law Section meetings this year representing and reporting activities of all B.C. Family Law Sections. Ms. McGuire will continue her role as the B.C. representative for another year. Ms. McGuire is actively involved in the CBA Family Relations Act Review Committee and with the Legal Services Society’s Duty Counsel program.
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Legal Research
Meeting: June 20, 2007
Speakers: Catherine Best, Boughton Law Corporation; Teresa Gleave, Fasken Martineau DuMoulin LLP
Topic: Update on Electronic Research
Catherine Best demonstrated some of the features of the recently-revised CanLII website, providing suggestions for getting the most out of this free service. A regular presenter to the Section, Ms. Best listed some of the new developments at CanLII such as: board and tribunal decisions have been separated from court decisions; the advanced search page allows limitation by jurisdiction, by level of court, and by tribunal type; partial citations can be searched; and, provincial legislation appears in a single document. Teresa Gleave presented a short review of the new Quicklaw and discussed some of its features and changes, a few of which were: legislation can be browsed in a Folio type format; search histories and recently-viewed documents are stored for up to 48 hours; and new invoicing options which can charge back at rates or a percentage, and can sort, or delete charges for specific transactions.
Commercial & Real Estate – Vancouver Island
Meeting: June 7, 2007
Speaker: Angus Izard, CA, CGA, CFP, Partner of Cameron Hoggard Izard Snell, Professional Accountants
Topic: Tax Implications with Different Ownership Structures for Owning High Value Second Properties
This Section meeting appealed to a broad group of solicitors. Mr. Izard’s PowerPoint presentation focused on the tax implications of different ownership structures for owning high-value second properties. He specifically included Canadians owning foreign properties, family cottages, and recreational properties, as well as foreigners purchasing Canadian properties. Mr. Izard’s discussion included the legal and tax perspectives of rapidly increasing second property values as a result of the scarcity of vacation properties and retiring baby boomers.
Maritime Law
Meeting: May 24, 2007
Speakers: Brad Caldwell, Caldwell and Co; David K Jones, Bernard and Partners
Topic: Update on the status of the proposed new Fisheries Act; Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals
Brad Caldwell provided an update and general overview on the status of Bill C-45, the proposed new Fisheries Act. This Bill amounts to a comprehensive rewriting of the entire 138-year-oldFisheries Act. He distributed the unanimously approved Report of the Fisheries Sub-Committee, which is to be delivered to the CBA National Maritime Law Section and to the Minister of Fisheries and Oceans by the Section Chair, Tom Hawkins. Mr. Caldwell then commented on the interesting issues raised in this Report. David Jones discussed specific points of interest regarding the Pollution Prevention Regulations, in force May 16, 2007. These included the prohibited discharges and authorized discharges of sewage and different pollutants, such as oil, noxious liquid substances and dangerous chemicals, and the definition of the waters to which the Regulations apply. Discussion ensued regarding the strict sewage discharge regulation and its effect on pleasure craft operation.  We’ve Listened!
Your comments on teleconferencing of Section meetings were taken seriously, and phones have been upgraded to improve sound quality. Try attending an upcoming Section meeting outside your area by teleconference. Check the Section Calendar online.
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This article was published in the October 2007 issue of BarTalk. © 2007 The Canadian Bar Association. All rights reserved. |