BarTalk August 2002
Volume 14, Number 4

by Shelley Bentley

The BC Branch sponsors 72 Sections which play a vital role in keeping members informed on both changes in the law and legal and political issues affecting a given area of practice. They are the main resource utilized by the BC Branch in legislative review, law reform initiatives and in responding to matters affecting the profession. What follows is a sample of the recent activities of some Sections.

Aboriginal-Vancouver and Natural Resources Forestry (Joint Meeting)
Counsel in the recent BCCA decisions in Tlingit (January 31, 2002) and Haida (February 27, 2002) led a panel discussion on recent developments in the duty to consult with Aboriginals.

The Tlingit case deals with the environmental review of Redfern Resources Tulsequah mine and road access construction through Tlingit traditional territories. The BCCA concluded that the Provincial Crown had a duty to ensure that the issuance of a project certificate would not interfere with Tlingit Aboriginal Rights. That duty arose even though the substance of those rights had not yet been determined in court. Madam Justice Southin held that the Ministers have to make a political decision that requires the balancing of interests. They do not have constitutional capacity to decide questions of Aboriginal title or rights. Paul Pearlman, counsel for the AG of BC in Tlingit, commented that this case indicates that as long as the decision-makers have made a bona fide attempt to balance all interests, to be mindful of potential infringement and to address the substance of Aboriginal concerns, they can still make decisions about resource allocation.

Entertainment Law
As broadcasting on the Internet becomes more of a reality, lawyers are faced with the need to understand the technology and the development of this distribution medium and the role it will play in the distribution and exploitation of film and television products.

A Microsoft Canada representative spoke to Section members on the evolution of broadcasting on the Internet, how technology has developed and what to expect in the future.

Taxation Law
The use of life insurance has been a popular way to overcome the burden associated with the deemed disposition occurring immediately prior to death under section 70(5)(a) of the Income Tax Act. Len Glass from Lawson Lundell discussed some of the options available for planning for the death of a shareholder under the current rules. The expansion of the stop loss rules from corporations to include individuals and the reduction of the capital gain inclusion rate from 75 per cent to 50 per cent without a corresponding reduction in the effective dividend tax rate has opened up new possibilities.

Women Rainmakers-Vancouver
Janet Dean, a leadership and performance consultant with the Practice Development Group Inc., described leadership attributes specific to women leaders, including resilience, intuition, compassion, good social skills, having direction, putting priority on competence in staff, empowering others, having a non-hierarchical view of leadership and seeing communication and conflict resolution as key to organizational success. Ms. Dean commented that resilience combines strength, wisdom, the ability to adapt to change and manage misfortune. She noted that a resilient leader incorporates creative rituals into daily routine for the protection of continuity and consistency. These rituals include family celebrations, holiday celebrations, birth to death events, and everyday things such as playing soft music at a desk, keeping flowers in the office and avoiding stress consciously as part of an organized framework to guide life.

Shelley Bentley is in private practice at G Davies & Company.

This article originally appeared in the August 2002 issue of BarTalk and is reproduced here with permission of both the author and the Canadian Bar Association, British Columbia Branch.