BarTalk April 2004
Volume 16, Number 2

Appointing Judges to the SCC

When it comes to appointments to the Supreme Court of Canada, the CBA message is unequivocal: Parliamentary committee review does not serve the best interests of the judges or the Canadian public.

To ensure this message reaches the decision makers, the CBA wrote to the Prime Minister Paul Martin and Cabinet on March 8. The letter argued for a more transparent advisory process to facilitate selection of the best candidate.

“We are strongly opposed to any system that would expose judges to Parliamentary criticism of their judgments, or cross-examination on their beliefs or preferences or judicial opinions, or any measure that would give to Canadians the mistaken impression that the judicial branch answers to the legislative branch,” said CBA President Bill Johnson.

On the heels of the resignations of Madam Justice Arbour and Mister Justice Iacobucci from the SCC, the subject of judicial appointments to the Supreme Court has once again been brought to the public’s attention. Responding to media questions at the Mid-Winter Meeting in February, Mr. Johnson spoke to The Globe and Mail, La Presse and Canadian Press. He also spoke to CBC Radio in English and French for an upcoming documentary on the appointment process.

The CBA favours a review process by an advisory committee made up of lawyers, judges, government representatives and the public. This structure is already in place for appointments to provincial trial and appellate courts.

View the news release at www.cba.org/CBA/News/2004_Releases/2004-02-20_scc.aspx.

Expert Advice: Going Solo and Client Surveys

This month in CBA PracticeLink, check out the site’s new “Packing My Own ’Chute’” series, which follows the unique trials and challenges of Sandra L. Schulz, QC, a lawyer and mediator who operates a private practice from home. Besides being an engaging read, the series offers practical advice that readers can apply to their own practices.

Also new this month is a feature on the importance of conducting client surveys. Be sure to consult the site’s ever-expanding collection of Quick Tips to enhance your productivity at work. Coming soon: The keys to effective client selection, tips on marketing your Web site [Editor’s note: See page 20 for a related article], and a law firm guide to accessibility for persons with disabilities.

For all this and much more, visit www.cba.org/practicelink.

Patent & Trademark Agents Privilege Rejected

The national Intellectual Property Law Section says there is no need to extend privilege to patent and trademark agents as recommended by the Intellectual Property Institute of Canada. In its February 2004 submission, the IP Section concluded that the current jurisprudence strikes the proper balance between protecting private communication and the need to disclose information in litigation. The Section also argued there is no public outcry to extend privilege to the clients of patent or trademark agents. View the submission at www.cba.org/CBA/submissions/main/04_07.aspx.

Code of Professional Conduct Debated

The CBA’s revised Code of Professional Conduct had its first official test at the 2004 Mid-Winter Meeting of Council in Whitehorse. During the debate, members expressed their views on confidentiality rules and conflicts of interest. The discussion on sex with clients sparked a lively debate among members, while media have followed the subject since it was introduced at the CBA Canadian Legal Conference last August. Further debate and a vote are expected at the next Council meeting this August in Winnipeg.

To view the Ethics Committee’s final report please visit www.cba.org/CBA/EPIIGram/Mar2004/default.aspx.

Insider Trading Task Force Proposal Rejected

The CBA has rejected a call for special regulatory measures for lawyers recommended in a report of the 2002 Insider Trading Task Force that evaluated how best to address illegal insider trading on Canadian capital market. The CBA argued that its Code of Professional Conduct and each of the Law Society Codes adequately protect the confidentiality of private information.

A year ago, the task force asked the CBA to draft “best practices” for lawyers concerning the containment of confidential information about issuers. On behalf of the CBA, members Warren Grover, Catherine Wade and Kenneth Wiener responded that there was no need for further rules on information containment.

View the submission at www.cba.org/CBA/submissions/2004eng/04_02_02.aspx.

Public Awareness Campaign Hits the Airwaves

The CBA has launched a public awareness campaign, featuring both TV and print spots, to highlight the many ways Canadian lawyers serve their clients and communities.

The campaign features Ottawa lawyer Ritu Banerjee, and emphasizes the professionalism and community involvement of Canada’s legal profession.

The TV campaign was launched in February and continued through March during a variety of popular CBC programming. The spots ran most often on the Docket, This Hour Has 22 Minutes, Venture and the Fifth Estate on CBC Newsworld, and were seen from time to time on the main CBC network. The print spots will continue to run until September in a number of prominent Canadian publications including Macleans, L’actualité, Le Journal du Barreau and various law school publications.

To see the TV spots, please view www.cba.org/CBA/about/discover.

CBA Offers ADR Services

The Electronic Courthouse is the CBA’s newest member benefit, offering expert online dispute resolution services. Canada’s premier provider of online ADR services, the Electronic Courthouse combines all the tools needed to get from dispute to resolution wholly from your desktop, including an impressive roster of experts and resolution professionals drawn from top North American law firms and trading nations around the world.

Services include mediation, arbitration, expert evaluation and negotiation support. Use the Electronic Courthouse to resolve preliminary matters, seek expert evaluations, avoid travel costs, and carry out mediation or arbitration in accordance with mandatory ADR clauses or court-mandated programs. To learn more, and to receive information about your CBA member rate, please contact Andrew Putman at 416.506.0456.

For details on this service, please visit www.electroniccourthouse.com.

Assisted Human Reproduction Act

The National Health Law and Family Law Sections recommended amendments to Bill C-6, Assisted Human Reproduction Act, to ensure lawyers, doctors and psychologists are not open to criminal charges for giving advice to clients on surrogacy arrangements.

In a letter to the Senate Committee on Social Affairs, Brent Windwick of Edmonton, a member of the CBA’s Health Law Section says “In general we support the bill. Canada desperately needs to move forward with legislation in this area, but we would have preferred a different approach to Bill C-6.” The two national Sections first made their views known on then Bill C-13 in an appearance before the Commons Standing Committee on Health in November 2002. Hearings on Bill C-6 were held briefly and the Committee reported the Bill on March 11.

View the letter to the Senate Committee at www.cba.org/CBA/pdf/reproletter-eng.pdf. View the submission of November 2001 at www.cba.org/CBA/pdf/reprobrief.pdf. View the release of November 2002 at www.cba.org/CBA/News/2002_Releases/2002-11-22_repro.aspx.

Law for the Future Fund Challenge

The Canadian Bar Law for the Future Fund is celebrating its 20th anniversary. To mark the event, Fund Chair Laurence Pattillo is challenging members to make a donation of 33¢ a day ($120 per year) to build the endowment fund. “The fund provides a direct benefit to the legal profession today and for the future. Your contribution will help shape a better future for lawyers and the law,” explains Pattillo.

Since its inception, the fund has supported more than 80 studies, including: legal research for an expanded constitutional right to legal aid; research into alternative dispute resolution; and publishing booklets on building strong lawyer-client relations.

For information on how to contribute, visit www.cba.org.

These articles were published in the April 2004 issue of BarTalk and are subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2004, all rights reserved.