BarTalk April 2005
Volume 17, Number 2

Test Case on Constitutional Right to Legal Aid Launched

CBA Past President J.J. Camp, Q.C., is heading up a four-person, blue-ribbon legal team that has launched a test case to challenge B.C.’s legal aid plan.

“We believe that a constitutional right to civil legal aid must be established in this country, and we believe that the situation is urgent,” said CBA President Susan McGrath in making the announcement at the 2005 CBA Mid-Winter Meeting in February.

The CBA considers the constitutional challenge to be ground-breaking litigation. “We welcome the opportunity to join the CBA in making legal history,” says lead counsel J.J. Camp. The legal team members are Sharon Matthews of Camp Fiorante Matthews, Melina Buckley, Ph.D. and Gwen Brodsky, Ph.D., all of Vancouver.

Media interest was immediate and strong, resulting in interviews on CBC Radio and in newspapers across Canada. To view the news release and background paper, visit www.cba.org/CBA/News/2005_Releases.

Law Day in China

The All-China Lawyers Association celebrated its first ever Law Day on a cold day last December 18. The statistics are impressive. According to the ACLA, more than 20 provincial law committees held events in different cities, over 3,000 lawyers took part, some 20,000 brochures were handed out, and 50,000 people consulted with lawyers.

As reported by the ACLA, activities included “instructing, guiding, giving speeches” as well as meeting the public. “Numerous people signed engagement contracts with lawyers they consulted” and described the day as “really helpful, which made them understand their basic legal rights and duties” especially in the area of criminal defence.

The CBA’s International Development Committee has had an ongoing relationship with the ACLA since 1994. The Law Day initiative in China is part of the Criminal Law and Advocacy project that includes a public legal education component aimed at promoting activities to educate the Chinese public on the criminal law system and the role of criminal defence lawyers.

More information on the CBA’s International Development programs is posted online at www.cba.org/CBA/IDP/InterDev.

Dispute Resolution Process Inadequate

The CBA has told the Commons Standing Committee on Aboriginal Affairs and Northern Development that government should offer a simple reconciliation payment to those who attended Indian Residential Schools, calling the dispute resolution process instituted by the federal government inadequate and ineffective.

The recommendation is that the payment be tied to the number of years an applicant spent at residential school, and recognize all claimants as survivors of an injurious program for which the federal government is responsible, rather than requiring individuals to prove they were victimized. Representing the CBA at the February 23 hearing were the chair and vice-chair of the National Aboriginal Law Section, Jeff Harris of Winnipeg and Chris Devlin of Victoria.

Nominations Sought

Do you know a young lawyer who has done an outstanding pro bono service for the community? The Young Lawyers-CBA (formerly Young Lawyers Conference) would like to know all about it. Young Lawyers-CBA seeks nominations for the 2005 Pro Bono Award. The nominee must be under 40 years old or have practised for 10 years or less to qualify. This is an excellent opportunity to publicly recognize a worthy young lawyer!

For details, visit www.cba.org/CBA/Awards/young_lawyer.

Mid-Winter Meeting Highlights

National eligibility standards for legal aid, a small increase in membership fees, and the creation of a national forum for women lawyers highlighted the CBA 2005 Mid-Winter Meeting of Council in Charlottetown in February.

National Eligibility Standards for Legal Aid

The CBA resolution on legal aid calls for governments to work together to establish consistent, Canada-wide eligibility criteria. “This is about true access to justice for all Canadians that does not depend on where in this country someone lives,” noted CBA President Susan McGrath.

Fee Increase

Following a recommendation from the Membership Fee Review Committee, Council approved a small increase in fees (five per cent in each of the next three years). Taking effect in 2006, the increase was proposed by the Committee to help ensure that the CBA remains relevant and that service and member benefits continue to grow. B.C. opposed the fee increase.

National Women Lawyers Forum

The CBA will create a national forum for women lawyers based on the successful model in B.C. One of the key reasons is the well-documented attrition rate of women from the profession.

“Among the objectives of the forum is to launch a mentoring program that will encourage women lawyers to stay in the legal profession and break through the glass ceiling,” said Kerry-Lynne Findlay, Q.C., a CBABC Past President and mover of the resolution.

Hnatyshyn Award Nominations Sought

The Canadian Bar Association is seeking nominations for the 2005 Ramon John Hnatyshyn Award for Law. The deadline for applications is April 30, 2005. Nomination forms are available through www.cba.org/CBA/Awards.

Established by the Governor General in 1993 and entrusted to the Canadian Bar Association, the medal recognizes outstanding contribution to the law or legal scholarship in Canada.

The medal will be presented at the CBA Canadian Legal Conference, August 14-16 in Vancouver.

Past winners from B.C. include Dean Emeritus George F. Curtis, Q.C. and Dr. Albert John McClean.

Bank Through CBAF and Manulife Bank

CBA Financial Services Inc. has negotiated exclusive, reduced monthly fees for CBA members on Manulife One accounts, Canada’s first “all-in-one” account. It’s a mortgage, chequing account, and line of credit all rolled into one. The idea is to put your income and savings to work to reduce your total debt and the amount of interest you pay on the money you borrow.

CBA PracticeLink: Ask a Marketing Expert

New on PracticeLink, Susan Van Dyke, a legal marketing expert and frequent BarTalk guest columnist, shows readers how to direct their limited marketing resources to achieve the greatest results. While it’s tempting to spend money attracting new clients, learn why it’s more practical (and effective) to concentrate on getting more work from your current clients. View Susan’s article online at www.cba.org/practicelink.

Also new on CBA PracticeLink:

• Client Communication: Measuring Your Cross-Cultural Competence

• Marketing Matters: Branding Your Law Firm

• Quick tips on marketing, financial management, client services and more.

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