BarTalk April 2001
Volume 13, Number 2

CBA Section Standing Committee

At the December 9, 2000 Provincial Council meeting the new Sections Standing Committee was established to review Sections and ensure that Section policy meets the needs of the CBABC members. Two of the committee’s mandates are:

• to periodically review and recommend Branch Policy on Sections including meeting requirements and fees; and

• to reconsider how Sections are formulated and financed.

Ken Armstrong, Executive Committee member, will chair the Sections Standing Committee.

The members appointed to this committee by the CBABC Executive are:

Saundra Elson, Secretary, Family Law-Prince George

Lorne Herlin, Chair, Young Lawyers-Vancouver

Kirsten Rongve, Chair, Family Law-Nanaimo

William Clarke, Chair, Criminal Justice-Okanagan & Co-Chair of Young Lawyers-Okanagan

Thomas Kendall, Chair, Wills and Trusts-Okanagan

Sabrina Ali, Equality Committee Representative

Fran Hodgkins, CBABC Section Coordinator

Enduring Power of Attorney Must Not be Revoked

The CBABC and its Wills and Trusts Sections have been actively involved in reviewing the Representation Agreement Act (RAA) and advocating for changes to protect the legal rights of British Columbians. On March 29, 2001, the NDP government enacted more than 50 amendments to the RAA, many of which were proposed by the CBABC.

But there are still fundamental flaws in the legislation which have not been addressed. Some stem from the fact that the RRA moves away from a traditional power of attorney model to a contract model. Others arise because of the decision to combine the management of an individual’s financial affairs and health care management into one document. Execution requirements applicable to Representation Agreements remain more onerous than those applicable to enduring powers of attorney, which means increased cost to the client and greater risk of an invalid Agreement if it does not strictly comply with the provisions of the Act. As for section 7 Agreements (intended to permit a person with a lesser level of capacity to grant authority to someone they trust to make routine financial and medical decisions for them), the government has chosen not to address the problems identified, including the ambiguity in the capacity test and the problems associated with the restricted authority that can be granted to a representative under such an Agreement. In addition, the government intends to allow notaries public with as-yet-unspecified training to give advice to individuals, in place of lawyers, in the development of even the most complex of Representation Agreements.

As a result of these factors, Representation Agreements are viewed as a planning tool with significant legal risks by many lawyers and not one designed with the needs of the average individual in mind. In particular, they are viewed as less effective than an enduring power of attorney in addressing financial matters. The government currently plans to eliminate enduring powers of attorney as of September 5, 2001. All lawyers are asked to contact their election candidates to make a strong case for the continuation of enduring powers of attorney as one of the legal tools available to British Columbians.

They did it again!

The CBA staff has again donated their casual day donations to a worthy cause. This time it is the Association For Awareness and Networking Around Disordered Eating (ANAD) which will benefit from CBA staff generosity. ANAD plans to use the $613 donation to help fund their children’s awareness campaign.

ANAD offers support groups on disordered eating/body image for adult women and for family and friends. For more information on ANAD please call 604.739.2070 or toll free 1.877.288.0877 or email anad@direct.ca.

If you’re a woman in the law, this Forum is for you

No, it isn’t the V. Monologues – it’s something better. A half-day participatory President’s Forum tailored to your needs, your ambitions and your profession. Scheduled for Thursday, June 21 from 12 - 5 p.m., this Vancouver forum will look at everything from how to be a judge to how to be a mediator. Expect engaging speakers and exhilarating discussion. Be prepared to share your thoughts in break out sessions as participants will be asked to give voice to their opinions and experiences.

If you’re interested in exploring conventional and alternate careers in law as they pertain to women, mark your calendar today.

Registration forms will be sent out May 1, 2001.

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