BarTalk February 2020 | Health and the Legal Profession by The Canadian Bar Association, BC Branch

February 2020 | bartalkonline.org

HEALTH and the Legal Profession MENTAL HEALTH | TAKE CARE OF YOU | LAWYER WELL-BEING

FEBRUARY 2020

VOLUME 32 / NUMBER 1

Contents

Departments

FROM THE PRESIDENT Let’s Talk Mental Health by Ken Armstrong

EXECUTIVE DIRECTOR Take Care of You by Kerry Simmons, QC

INDIGENOUS MATTERS Indigenous Intercultural Competency by Randy Robinson

Canada’s Response to the Overrepresentation of Indigenous Children in Care by Frances Rosner

16 PRACTICE TALK An Ounce of Prevention by David J. Bilinsky

Inside This Issue Lawyers hold a special place in society. We are champions of justice. We are granted a license to practice as an oligopoly, because we protect rights, hold power to account, and generally grease the wheels of society. That is awesome, and privileged, and yet, we’re often discontent. This probably has something to do with the follies of intelligence (including ego), but it certainly has to do with our professional culture — something which we can only change through collective action.

LAWYER WELL-BEING CHECK-IN by Aesha Faux

Building a better profession requires building a healthier one: physically, mentally and emotionally. Self-care, self-compassion, and yes, destigmatization, are some of the big topics tackled in this issue. The good news is there is a plethora of resources for us to improve our collective well-being, many of which you can read about in this issue. And here’s the main point: it’s okay. It’s okay to be sad, anxious, self-conscious, dissatisfied with work, or otherwise unhappy. There can be no achievement without suffering. But, that doesn’t mean we should give in to our A-type desire to see ourselves as perfect and remain in denial. Instead, we should accept the reality: negative feelings signal opportunities for growth. By practising self-care, maybe we’ll become better at caring for our clients and our colleagues, too.

HAPPINESS IS A CURRENCY by Brandon Hastings

SPEAKING UP ABOUT TRAUMA AND MENTAL HEALTH by Crystal Tomusiak

17 DAVE’S TECH TIPS 26 NOTHING OFFICIAL I Want to Name a Law School... After Me!!! by Tony Wilson, QC

Sections

28 SECTION UPDATE Civil Litigation, Health Law, Wills & Trusts and upcoming Section meetings

Features

14 WHEN THE TREATMENT WORSENS THE ILLNESS by Andrew Pilliar 15 STRESS LEVELS RISING? by Allison Wolf

Guests

18 A REVIEW OF LGBTQ2+ LAW: PRACTICE ISSUES AND ANALYSIS by Lisa Nevens 24 THE PROVINCIAL COURT OF BC: A LEADER FOR 50 YEARS by Judge Ann Rounthwaite 2

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— Brandon D. Hastings Chair, BarTalk Editorial Board

News and Events 4 20 21 22

South/North of the Fraser Barry Sullivan Law Cup — April 8, 2020 CBA Wellness BC WLF Update CBABC Advocacy Work Calendar Tips from Courthouse Libraries BC CLEBC Update

Also in This Issue

12 PROFESSIONAL DEVELOPMENT 23 LAW FOUNDATION OF BRITISH COLUMBIA 30 BAR MOVES

FROM THE PRESIDENT KEN ARMSTRONG

Let’s Talk Mental Health

The CBA has resources to help!

ell Let’s Talk Day was January 29, 2020 and as such mental wellness was a topic at our AGM February 1, 2020. This issue focusses on Health and the Legal Profession, with an emphasis on mental health and wellness issues. More than a decade ago, I remember sitting in a lecture hall at UBC Downtown for a CLEBC course on trial techniques. The lecturers were brought in from the United States. They greeted us by calling us “Trial Lawyers: Type A, obsessive-compulsive, control freak, adrenaline junkies: ‘real sick puppies.’” No-one laughed, no-one protested. We sat quiet, presumably thinking thoughts like mine: “well, he’s not far wrong….” We’ve all heard the stats, and they are alarming. A famous ABA study revealed around 60% of the 13,000 lawyers surveyed experienced anxiety and almost half experienced depression at some point in their careers while roughly a third of respondents gave answers consistent with problematic drinking. Another 2016 study of law students showed a concerning incidence of anxiety: 14% reported extreme anxiety while 23% reported mild or moderate anxiety. Compounding the situation, further research shows stigma continues to affect both individuals’ and the profession’s understanding of mental health issues. The Law Society of British Columbia talks about how mental illness is stigmatized in the Mental Health Task Force’s December 2018 interim report.

There are mental wellness resources available. For those in crisis, there is the BC Crisis Line (310-6789, no area code) and the Lawyers Assistance Program (“LAP”) (lapbc.com, 604-6852171 or 1-888-685-2171). LAP is: “[A]n independent organization of members of the BC legal community (lawyers, judges, families and support staff)… [who] provide peer support and referral services to help people deal with personal problems — including alcohol and drug dependence, stress and anxiety, depression and other issues. These are all treatable illnesses, not moral issues.” We all know we should take care of our physical health. Past a certain age, we know we should see our doctors for regular check-ups. If we’re hurt or ill, we go to a doctor. It follows we should take care of our mental health and seek help when we’re psychologically hurt or mentally unwell. We know we should exercise regularly, eat right and try to get a good night’s sleep. While we know these latter three items help our physical health, they also help our mental health. Personally, I find running just as valuable for my mental health as it is for my aerobic health. I’ve read a walk in the woods is good for the soul. At the CBABC, our lawyer wellness subpage (cbabc.org/Wellness) has resources that address physical health and speak to the connection

between physical and mental health. We also have resources on Mental Wellness, Work-Life Balance, People in Crisis, etc. The Mental Wellness page includes links to articles on Stress Management, Resilience, Preventing Burnout, and Dealing with Perfectionism. On that latter topic, I believe the pursuit of perfection can and often does act as a barrier to obtaining excellence. Perfection is impossible to attain. We need to be willing to say, “this is very good,” while acknowledging that further changes may make the workproduct different without making it better. Our national office also has wellness resources available (cba.org/ Sections/Wellness-Subcommittee) for lawyers across the country. They have a self-directed online learning program, links to The Mindful Lawyer PD series, and a library of other resources. Let me conclude by encouraging everyone to look out for our colleagues and be ready to offer specific help. Sometimes, “is there anything I can do” is too overwhelming of a question for someone who’s burnt out, stressed out, or depressed. An offer of your time, coffee or tea, or company on a long walk may be better. And lastly, be well!

Ken Armstrong

president@cbabc.org FEBRUARY 2020 / BARTALK

BARTALK EDITOR

Deborah Carfrae EDITORIAL BOARD CHAIR

Brandon Hastings

Fri, Feb 28 Surrey

Fri, Apr 17 Coquitlam

EDITORIAL BOARD MEMBERS

Tonie Beharrell Robert Diab Eryn Jackson Greg Palm Lisa Picotte-Li Randy Robinson Crystal Tomusiak Sean Vanderfluit

BARTALK SENIOR EDITOR

Carolyn Lefebvre

STAFF CONTRIBUTORS

Travis Dudfield Arianne Moran Sanjit Purewal

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EXECUTIVE DIRECTOR KERRY L. SIMMONS, QC

Take Care of You

Remember to monitor your physical health too

ealthy eating and regular exercise are well-understood to be two key components in our preventative health care toolkit to benefit both our physical and mental health. There are all kinds of apps, resources, and services that offer assistance to improve and sustain smart practices with respect to food and activity. You know this. Despite our best efforts to “be healthy,” the reality is that the body is a complicated constellation of systems that can be compromised at any time in our life, and we often are unaware of those developments. It is only when we have a diagnostic test that we learn we have, for example, diabetes, cholesterol irregularity, or high or low blood pressure. Auto-immune conditions can be difficult to diagnose and require both diagnostic tests and observations of other symptoms over time. In other instances, we notice symptoms like headaches, pain, weight loss or gain, and rapid heart rate. Too often we convince ourselves “it will pass,” “it’s just stress,” or “I don’t have time to see a doctor.” Many lawyers have an obsession with time. We fear anything that denotes “weakness” and we all have a sense of responsibility to our clients and workplaces. Given all of that, these types of responses may be typical, but they aren’t helpful. We need to maintain good health to have the capacity to energetically practice law and care for our families, friends and communities. For some of you, the following statements will be obvious. For others,

perhaps, this is a gentle push in a positive direction, or reinforcement that what you want to do is a good thing. It is not a sign of weakness to take responsible steps to assess and monitor your health. It is appropriate to adjust your work availability to keep health-related appointments be that the doctor, counsellor, audiologist, or any other health professional, especially when those professionals are only available on limited hours like 9-3 or have waiting lists. If you have a shortterm illness like a cold or flu, it is appropriate to stay home rather than distract, or worse, infect, your co-workers. You won’t do your best work when your health is compromised.

You are important to a lot of people. We need you to be as healthy as you can be. Create the space to do what needs to be done. If you do one thing for yourself this year, get an assessment of your physical health, including diagnostic tests to address age-related considerations. If you are experiencing symptoms, even if you think they are inconsequential, tell your doctor anyway. The last time I checked, none of us were both practising lawyers and practising medical professionals. Just as you want your clients to tell you everything and accept your professional assessment

and advice, you should be able to trust your doctor to share everything and accept their assessment and advice. And if you don’t, find someone you can work with. If your results give you information that affect your health, take steps to deal with it. Adjust that food/activity combination. Take medications that are prescribed. Do more tests. Have your doctor monitor you more frequently. Ignoring and procrastinating won’t help. You are important to a lot of people. We need you to be as healthy as you can be. Create the space to do what needs to be done. If there isn’t anything to change, great! Make sure you do another check in if you have unusual symptoms or in another few years. When the opportunity arises, be supportive of your colleagues’ maintenance of their health. Talk about your health if you feel comfortable doing so. While privacy is an important value to protect and respect, normalizing discussions about our health helps us improve our knowledge about treatments and health care providers, and offers support to those facing health challenges. We will all be healthier as a result.

Kerry L. Simmons, QC

ksimmons@cbabc.org FEBRUARY 2020 / BARTALK

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AESHA FAUX

Lawyer Well-Being Check-In It’s time to take this seriously

o you long to escape your work to run away to a faroff location? Do you look forward to going home from work to enjoy a glass of wine to unwind? Do you feel dislocated from your work at times? Do you have a hard time falling asleep or staying asleep? While these feelings are normal from timeto-time, they may be symptoms of depression, anxiety, chronic stress, mental health disorders, and/or substance use. The reality is that for many of us in this profession, these feelings occur more often than they do in other professions and many of us ignore the warning signs or fail to reach out for help. We know that if a tire is flat on a vehicle, we need to pull over and change the tire. We as a profession tend not to recognize when our own “tires” are flat. We cannot do our jobs well when we have un-checked feelings of self-doubt, workplace dissatisfaction, depression, anxiety, and/or substance use because we are not working at our optimum. Our executive functioning, which includes our ability to remember, pay attention, and problem solve, is impaired. These are key components to our work as lawyers. To keep our vehicles in good running order, we need to ensure our vehicles are serviced and take preventative measures; it is the same with our health. It is important to ensure that we are working at our optimal capacity and that we nurture our overall well-being. 6

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The American Bar Association Commission on Lawyer Assistance Programs and Hazelden Betty Ford Foundation released their study of almost 13,000 practising lawyers in 2016 — they found that approximately 28% of lawyers struggle with depression, 19% with anxiety, 23% with stress, and between 21 and 36% qualify as problem drinkers. Other studies cite lawyer issues with sleep deprivation, social alienation, suicide, ambivalence about their work, work addiction, work-life conflict, a shift in values to focus on profit, incivility, and negative public perception. In 2016, the Survey of Law Student Well-Being also found high levels of depression and anxiety, as well as 25% of students falling into the category of being at risk for alcoholism and recommending further screening.

It is important to ensure that we are working at our optimal capacity and that we nurture our overall well-being. In August 2017, a group of lawyer entities in the US formed a National Task Force on Lawyer Well-Being and published a report entitled The Path to Lawyer Well-being: Practical Recommendations for Positive Change (bit.ly/bt0220p6-1). This report

identifies the issues, makes a case for why we need to take urgent action, defines lawyer well-being, and provides detailed recommendations for stakeholders, judges, regulators, employers, law schools, bar associations, professional liability carriers, and lawyer assistance programs. The Report defines lawyer well-being with reference to lawyers thriving in each of the following aspects: Intellectual, Spiritual, Physical, Social, Emotional and Occupational. The report clearly states that wellbeing is not limited to an absence of illness or feeling happy all the time. It recognizes that stress is not necessarily damaging; it can be helpful. The report addresses the need to reduce the stigma around helpseeking, to reduce the level of toxicity and incivility in our profession, and to encourage connection among our peers. Changing culture takes time and we all have a part to play in the solution. In August 2018, A Well-Being Toolkit For Lawyers & Legal Employers was developed by Anne Brafford and is available here: bit.ly/bt0220p6-2. We have an active and confidential Lawyer Assistance Program in British Columbia that is available 24/7. If you haven’t done so already, read the report and toolkit, take time to check in with yourself and foster development of the six well-being aspects, reach out for support, and connect with a colleague. Most of all, know that you are not alone. Aesha is a practising family lawyer, family law mediator, and mom in Victoria, BC. She has been a volunteer with BC LAP for over 10 years, has been a volunteer with various CBA Sections over the years, is a volunteer with Access to Justice BC, and a Board member with TLABC.

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BRANDON HASTINGS

Happiness is a Currency ... or at least it should be

hat if there were small, simple steps you could take to make your life, and the lives of those around you, longer, healthier, more enjoyable, and more productive? It turns out you can, just by being happier. You can also take steps to create happiness directly. We’ve also learned that much of what western, capitalist, colonial social norms tell us will lead to happiness, is wrong. The science of happiness is emerging, and despite being a relatively young area of study, a number of prescriptive recommendations are being developed. Progress in the science of happiness is led in part by the University of California Berkeley’s Greater Good Science Centre. A PSA for us lawyers who, as a profession, have long struggled with substance use and mental health issues: there are courses available on the online learning platform EdX, right now, one for free, where you can learn about the science of happiness from world-leading experts (CPD approved). Berkeley says these courses have led to lasting increases in happiness for students while decreasing stress. In the remainder of this article, I am going to summarize some of the broad-strokes learning available in those courses, and discuss what we, as a profession, and as actors in the justice system, might do with those lessons. What you may or may not realize while reading this, is that there are

two largely accepted, very different, and likely dichotomous philosophies of happiness. On one end is the sort of happiness with which many common-law lawyers are most likely familiar. This idea of happiness has to do with immediate, hedonistic gratification (or, equivalently, the desire to achieve what in western society we often call “success”): more money, bigger house, more esteem, awards, recognition, etc. The other, which is more frequently epitomized by eastern philosophy, has to do with living a “good life.” At the extreme, this latter philosophy says that “happiness” can only be achieved at the end of life, by looking back at a life well lived. Lawyers, one might argue, are very often type-A, success-oriented people. That is generally a positive trait in folks interconnected with a foundational social institution — it makes us (hopefully) conscientious, hard-working and accountable. The problem might be our definition of “success.” Let me share with you some antecedents of happiness. Determine for yourself how many of these are present in your archetype of success: moderate-intensity exercise, enough sleep, achievement socially and professionally, meaningful social connection, giving and receiving kindness, mindfulness, gratitude, and

prosocial behaviour (compassion, empathy, altruism, etc.). When I look at that list, I don’t see making the most money, having the most Twitter followers, or having the nicest house. What I do see are a number of qualities and attitudes that are not only devalued or deemed irrelevant in capitalist society generally, but especially in the adversarial duties into which we as a profession are pushed. Perhaps the substance use and mental health issues we deal with are a reflection of the system and the professional culture in which we work. Perhaps we, as a profession, need to be learning more about happiness. Should we be looking toward happiness-focused dispute-resolution, instead of the type of dispute resolution shown in “Marriage Story” (Netflix), which is unfortunately reminiscent of British Columbia. Maybe happiness is the currency we should be chasing. And maybe if we focus on happiness, the money and other resources will take care of themselves. Maybe we should insist on behaviour from our colleagues that is compassionate and kind. Perhaps we should refuse to take instructions from clients that violate those ethics. What would happen if, as lawyers, we all, collectively, insisted? How would our world change? How quickly? Maybe money really can’t buy happiness. Maybe we should value the things that bring happiness over money. Just a thought.

Brandon D. Hastings (bhastings.com) is a lawyer, mediator, CBABC young lawyers representative, founder of The Justice Hack, and co-founder of Vancouver Legal Hackers. FEBRUARY 2020 / BARTALK

Indigenousmatters RANDY ROBINSON

Indigenous Intercultural Competency “Our” responsibility?

n inclusive, equitable and culturally competent legal profession in British Columbia has been the subject of great discussion. Indigenous intercultural competency while lawyering is essential for reconciliation and creating healthy professional environments for lawyers. Indigenous lawyers are often asked to inform non-Indigenous colleagues about Indigenous cultural background, systemic disruptions and to answer questions about Indigenous peoples. How must lawyers acquire cultural competencies relevant to their practice? This remains a vital question for the profession. While it is evident that all lawyers need to educate themselves about Indigenous history, including Indigenous Peoples’ present and ongoing struggles with colonialism; this often becomes a baffling inquiry in professional environments. Indigenous lawyers in the legal environment are likely to experience negative impacts when colleagues or workplaces are not culturally competent. For example, when Indigenous lawyers are called upon to educate non-Indigenous lawyers about Canada’s history and ongoing colonialism, it can create a professional environment that is not equitable or healthy. The inequity stems from the added burden placed on Indigenous lawyers of “informing” about aspects directly related to their cultural background as it relates to systemic colonial disruptions. A similar inequity exists for Indigenous students attending post-secondary institutions. A report by Indspire described this type of scenario in institutions as emotional labour. Indigenous students are often called upon “to bear some responsibility for the 8

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transformation of the post-secondary system, as part of healing and reconciliation.” Indigenous students often want to be a part of actively informing the cultural competency of their law school, the legal profession and reversing systemic discrimination and barriers in the legal profession. This task, however, can exhaust their time and resources. Ultimately, an unequitable professional environment leads to an unhealthy work environment. The question becomes, then, how to move forward in creating a culturally competent legal professional environment hand-inhand with Indigenous students, lawyers and the entire legal profession? From a historical perspective, Indigenous peoples were not permitted to organize or retain a lawyer until 1951. Discrimination against Indigenous peoples in Canada is rooted in legislative barriers that linger systemically. Non-Indigenous peoples living in Canada are not expected to inform who they are in professional environments in the same way that many Indigenous peoples in Canada are often expected to inform non-Indigenous peoples about their cultural identity as it relates to colonial disruptions. The key to creating a culturally competent legal environment thus involves reversing systemic discrimination and creating access to justice for Indigenous peoples engaging with the legal system. Recently, the Law Society of British Columbia (“LSBC”) moved to require Indigenous cultural competency training for all practising lawyers in BC in a clear effort to build an inclusive, equitable and culturally competent legal profession. The Truth and Reconciliation Calls to Action (“CTA”)

offer important guidance. CTA 27 calls upon law societies across Canada to address the gaps in legal education through cultural competency training. For many Indigenous law students and lawyers, the LSBC course is a promising step toward implementing CTA 27. These active steps toward implementing cultural competency training within the profession beg an important question: Although this new course shows promise, how will we measure the impacts of the cultural competency filtering into legal practice in the profession? A good measure of whether cultural competency training was effective, may include considering when Indigenous lawyers feel they are less obliged to furnish cultural competency in their professional environments. For example, a positive outcome of a survey of Indigenous students and professionals indicating culturally competent environments have been achieved. Another measure will include an overall outcome of public confidence in the legal profession; enhanced through the infiltration of cultural competency training active in the legal profession. Keeping in mind these changes and efforts to include cultural competency in the legal profession, we can hope to build and look forward to a greater sense of inclusive, equitable professional experiences. Randy Robinson is an Algonquin lawyer from the Timiskaming First Nation. He is currently appointed the Northern Representative of the Canadian Bar Association’s Aboriginal Lawyer’s Forum.

FRANCES ROSNER

Canada’s Response to the Overrepresentation of Indigenous Children in Care The 2016 Census revealed that First Nation, Inuit and Métis children represented only 7.7% of all children under the age of 15 in Canada but accounted for 52.2% of children in foster care. In response to the overrepresentation of Indigenous children in care — aptly described as a humanitarian crisis, the federal government committed to developing legislation aimed at reforming the provision of Indigenous child and family services across Canada. The government acknowledged that children were being removed from their families and communities at disproportionate rates due to factors such as poverty, intergenerational trauma and culturally biased child welfare practices.1 Further, in recognition of the inherent right of Indigenous peoples to self-determination and to ensure an appropriate remedial response to the crisis, the government endeavoured to develop national principles in collaboration with Indigenous peoples. This co-development process was not only an important step toward repairing the broken child welfare system — it was also consistent with the broader goal of reconciliation and Canada’s commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples. In the drafting process, the government held 65 engagement sessions with nearly 2000 participants comprised of

representatives from First Nations, Inuit, Métis and Treaty nations, self-governing First Nations, provinces and territories, as well as experts and advocates and importantly, youth survivors of the foster care system.2 The nationwide engagement process culminated in the creation of An Act respecting First Nations, Inuit and Métis children, youth and families3 (“Act”) that came into force on January 1, 2020. The Act could, with adequate resources, alter the way in which child protection is administered to Indigenous children and families. An overarching emphasis on the need to preserve cultural continuity by keeping Indigenous children connected to their families and communities is readily apparent throughout the legislation. The preambular language is symbolic as it acknowledges the harmful impact of colonization on Indigenous peoples. The Act affirms the rights of Indigenous peoples to exercise jurisdiction over child and family services; adopts a best interests of child framework similar to what already exists in BC and imposes substantive equality principles on decision-makers. It prioritizes preventative services and prenatal care over other services to prevent apprehensions and specifically sets out that “a child must not be apprehended solely on the basis of his or her socioeconomic conditions, including poverty, lack of adequate housing or infrastructure or the state of health of his or her parent or the care provider.” Importantly, the Act sets out a priority scheme

for placement of a child that places significant emphasis on preserving the child’s connection to family, community and culture. The BC government made some changes to the Child, Family and Community Service Act in May of 2018 to counter the overrepresentation of Indigenous children in foster care — by setting out a child’s right to maintain a connection to their community and culture. The amendments also carved out space for Indigenous families and nations to take part in the decision-making process — and for greater information sharing to allow for their meaningful involvement. The Act, however, goes significantly further as it contemplates the granting of exclusive jurisdiction to Indigenous nations to decide what is best for their children. In principle, the potential of this ameliorative legislation is far reaching. However, implementation of the Act depends greatly on adequate financial resources to ensure that preventative services are available to Indigenous children and families, and to give Indigenous nations the capacity to exercise its inherent jurisdiction over their children.

bit.ly/bt0220fr-1 ibid 3 bit.ly/bt0220fr-2 1

Frances Rosner is a Métis lawyer working as a sole practitioner in Vancouver.

FEBRUARY 2020 / BARTALK

BRITISH COLUMBIA

I H -HOUS E CARE ERS General Counsel - Vancity | 10+ years | Vancouver We are working with Vancity, the largest community credit union in Canada and an internationally recognized values-based banking pioneer, which sits at the nexus of environmental sustainability and cultural diversity. They are now looking for an experienced lawyer who has an alignment with their values to join the business as Vice President, Legal Services and General Counsel. In this position you will be a key player in the management and expansion of the existing high-performing legal team. You will provide legal oversight to major transactions, asset acquisitions and dispositions, and oversee general legal matters to support the business. Experience in drafting, reviewing and the negotiation of various agreements and contracts (specifically technology procurement contracts) will be highly valued. Also important is your track record of proven success in executing legal risk mitigation strategies, implementing company initiatives, and managing external legal spend. The ideal candidate will have a minimum of 10 years’ legal experience, gained in a financial services institution or other highly regulated industry. You will be a dynamic leader and tactical thinker and be able to balance the needs of the business with the legal realities it may come up against. You will also be a relationship builder, able to deftly manage the demands of multiple stakeholders, and guide them concerning the legal and strategic aspects of whatever business challenges come up. For more information or to apply (in MS Word format), please contact Mike Race or Amrit Rai at legalBC@zsa.ca quoting reference 29528. ZSA Legal Recruitment is exclusively retained on this search, and any applications received by Vancity will be redirected to ZSA.

Senior In-house Counsel (Part time potential) | 5+ years | Vancouver Our client is a major construction & infrastructure company currently looking to hire a senior in-house lawyer on either a fulltime or part-time basis, located in their Vancouver office. In the role of Senior Counsel, you will provide legal support on complex P3 or alternative financing pursuits, and advise throughout the process. You will be working on all legal aspects of the RFQ, RFP, and preferred proponent bid submission processes; negotiate commercial and financial term sheets, project agreements, pre-bid and joint-venture agreements; assist in the preparation of commercial and finance documents; work with the in-house lawyer to assess and mitigate risk. There is also the potential to lead and manage individuals, teams or projects in time. The successful candidate will have anywhere from 5-15 years of experience advising on large public-private partnership (P3) infrastructure projects and finance transactions. Having completed a P3 project from start to finish is essential. The successful candidate will have strong corporate/commercial legal skills, including excellent drafting, negotiation, and attention to detail. For more information on this rare opportunity or to apply (in MS Word format), please contact Mike Race or Amrit Rai at legalBC@zsa.ca, quoting reference #29429.

Head of Legal | 10+ years | Fraser Valley We’re working with a group of diversified businesses, with over 2,000 employees between 4 companies in the Fraser Valley, now looking to hire their first in-house lawyer, to head up their legal operations and provide guidance to their various business units. Reporting directly to the President, this position requires a dynamic leader with broad experience in corporate/ commercial law with particular emphasis on construction and real estate matters. There is a manufacturing and materials bent to some of the businesses, and apart from general commercial matters, you will be dealing with an array of contracts for existing and new construction projects, real estate transactions, litigation management, compliance and employment law. The ideal candidate will have a minimum of 10 years’ experience, ideally having managed a broad legal remit in-house. The businesses are all based around the Langley and South Surrey area, so it’s an ideal position for someone living in the Fraser Valley and tired of the commute downtown. For more information or to apply, please contact Mike Race or Amrit Rai at legalBC@zsa.ca quoting reference 29573.

zsa.ca

BARTALK / FEBRUARY 2020

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feature CRYSTAL TOMUSIAK

Speaking Up About Trauma and Mental Health The importance of “outsider” narratives

hroughout my career, I’ve felt like an outsider. Outwardly, I fit in okay, but inside I knew I didn’t truly belong.

In law school, I felt that I was different from my classmates. By that time in my life, I’d already experienced repeated trauma so severe that it was difficult to function, yet I still succeeded in completing my degree.

needs, an exercise I couldn’t survive while also functioning professionally. It wasn’t until I could handle no more that I was finally ready to seek professional assistance. After a move to a new jurisdiction where I was profoundly isolated, I could no longer disregard my own needs because my body wouldn’t allow it. I barely slept and experienced intense anxiety that physically interfered

Then I became a lawyer and eagerly embraced the idea of something that didn’t have to be about me. I wasn’t good at caring about myself. But I could do the work when other people’s interests were at stake. By focusing on work and ignoring my own needs, I managed to push forward for 15 years without taking the steps I needed to heal. All that mattered was that I was a good lawyer and it wasn’t about me. It’s not that I ignored my suffering: I was constantly aware of the need to not let it affect me professionally. I knew I had to process my feelings and memories just enough to prevent them from getting in the way of my only objective — to be a competent and principled lawyer — but never enough to let them overwhelm me (as they would if I ever allowed it to be about me). So the suffering continued. My social life was sacrificed almost entirely. To have a meaningful personal life, I’d need to address my own

with basic tasks. Often, my hands shook so much while eating my lunch at my desk that it was difficult to get the fork to my mouth. As a result of my decision to seek professional help, I was diagnosed with Post-Traumatic Stress Disorder. Then, after five months of medical leave in which I had the benefit of much-needed rest and mental health support, I returned to work. I could have kept my history and diagnosis private. No one needed to know. But I decided to speak openly regardless of the potentially careerlimiting consequences. I had spent far too long feeling alone in this

profession: like I was the only one who didn’t fit. Yet I know that’s not true. Traumatic experiences are tragically common in our society, as are mental health conditions. I am certainly not the only one affected. I’m speaking up so others will know they aren’t alone. And because this is a conversation our profession needs to have. We need to take steps to ensure that those who have experienced trauma, mental illness and/or anything else that makes them feel like an “outsider” will no longer be silenced, stigmatized, stereotyped, and discriminated against. I’m embracing my outsider status, so I can show that I am so much more than a diagnosis. I have great vulnerability, but also substantial insight, resilience and strength. This is a necessary conversation not only because many of us are suffering, but also because we, as a profession, need the benefit of as many “outsider” narratives as we can get. We have no hope of addressing the issue of mental health in the legal profession if we don’t listen carefully to those with actual lived experience. With a diversity of perspectives — including those who have survived great adversity — comes strength and wisdom we can’t afford to exclude and ignore any longer. I’m speaking up because it’s time for the profession to stop talking about us and start listening to us.

Crystal Tomusiak practised in Ontario before moving to BC in 2018. She now works as Crown Counsel with Criminal Appeals, BC Prosecution Service. The views expressed herein are strictly those of Crystal Tomusiak and are not intended to represent those of her employer. FEBRUARY 2020 / BARTALK

professionaldevelopment Explore Professional Development Training in Your Community For more information, contact PD@CBABC.org or visit bit.ly/CBABC-PD

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feature ANDREW PILLIAR

When the Treatment Worsens the Illness The link between legal and health problems

re legal problems bad for your health? The intuitive answer is “yes, obviously,” but what do we know about the interaction between legal problems and health problems? Recent access to justice research, both in Canada and worldwide, has shown a connection between unresolved legal problems and health. The 2019 World Justice Project report found that 29% of people around the world have experienced “physical or stress-related ill health” as a result of a legal problem. The Canadian Forum on Civil Justice’s Cost of Justice Project found that of the almost 50% of adults in Canada who experienced a significant legal problem over a three-year period, 19% also reported a physical health problem related to that legal problem. The number for mental health problems is even higher: over 50% of those who faced a significant legal problem suffered mental health difficulties as a result. This research suggests that unresolved legal problems can contribute to physical and mental health problems, but research also suggests that the very process of trying to solve legal problems can produce health difficulties. Known as “critogenic harm” (that is, harm caused by law), research on the harmful health effects of litigation has grown in recent decades but is still a patchwork. This is a difficult topic to research — in part because of the challenge of teasing apart harms 14

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caused by litigation from the underlying problem, and in part because of difficulties in establishing causation instead of correlation. A 2017 paper by Michaela Keet, Heather Heavin, and Shawna Sparrow of the University of Saskatchewan College of Law gives an excellent overview of this topic.1 Although litigation can have “therapeutic benefits,” they note that it is often associated with physical and emotional harm. They discuss four examples of situations where the risk of adverse health effects is particularly pronounced: pain-related litigation, sexual assault and harassment trials, divorce proceedings, and claims involving professional negligence and malpractice. Although these situations are different, the research appears to suggest that litigation can often complicate or prolong recovery from the underlying events. Litigation is associated with increased pain and disability for some chronic pain patients, can exacerbate or perpetuate health problems caused by sexual assault or harassment, can amplify psychological distress during some divorce proceedings, and can have significant mental health effects for both plaintiffs and defendants in malpractice cases. These examples reflect the sparse nature of research on critogenic

harm — this is not a comprehensive list of situations that cause injury. But they suggest some commonalities. Litigation is stressful, and that stress can significantly affect individuals whose predispositions or situations make them particularly vulnerable to the negative effects of stress. Recent epidemiological studies suggest that around 70% of the population have experienced at least one traumatic event sufficient to cause Post-Traumatic Stress Disorder (“PTSD”). Lifetime PTSD rates in Canada are estimated at around 10%. Statistics Canada has reported lifetime mental health and substance use rates in BC at around 36% of the population. These numbers should give us pause. They mean that our clients are at risk of collateral harm from the services we provide. What should we do? One step is greater commitment to trauma-informed practice, which has been written about in these pages before. Another is to communicate proactively with clients, and to cultivate relationships with health and mental health professionals for assistance as clients go through litigation. And we should remember that while litigation is often stressful for our clients, it is likely much more so for self-represented litigants. As a profession dedicated to the public interest, we must do better. Michaela Keet, Heather Heavin & Shawna Sparrow, “Anticipating and Managing the Psychological Cost of Civil Litigation” (2017) 34:2 Windsor YB Access Just 73. Other citations for this article available from the author. 1

Andrew Pilliar is Assistant Professor at Thompson Rivers University Faculty of Law and Director of National Self-Represented Litigants Project West.

feature ALLISON WOLF

Stress Levels Rising? Six tips for reducing stress and upping energy

s stress detracting from your ability to do your best work, and to enjoy your time off work? If so, it is time to take some positive steps to boost your energy levels and regain your focus. Choose one or two tips from the list below, experiment with them, and notice the benefits they bring. 1. GET THE CLUTTER OUT OF YOUR HEAD. If you keep your To-Do

list in your head instead of a system, this will increase stress. Maintain a file list capturing the projects you have on the go. Hold a weekly meeting with yourself to download all of the To-Dos for the coming week. Look for any stalled projects and choose one to get moving on. Any critical projects that aren’t yet urgent? Select one to get an early start on. 2. SET BOUNDARIES AROUND YOUR TIME. Many lawyers have

ceded control of their day to others. Open door policies, answering emails as they come in, scheduling meetings at times that suit others, all these contribute to a work environment that provides no time for focused work, and this is stressful. Balance being responsive and available with getting uninterrupted time for your priorities. When is your brain most alert? Protect this time. Advise your colleagues and staff of your plan so they can support you with this.

3. PAUSE. When your thoughts are

racing, and you can feel yourself tensing up, follow the advice of Harvard cardiologist Dr. Herbert Benson. Place your hand on your heart and take a slow breath in, and then slowly exhale. Think of something that makes you smile while you take four to ten slow deep breaths. This sends a physical signal to your brain that you are relaxing and deactivates the stress response. 4. R E L A T I O N S H I P CHECK. Who are

the people that make your life lighter and brighter? What can you do to spend more time with them? Next, think about the people who drag you down. What can you do to spend less time with them? 5. REDUCE THE THINGS YOU TOLERATE. What are you tol-

erating in your life? Make a list of the things you are enduring. Now review the list and reflect. What is one thing you can eliminate or reduce? This might lead you to taking action on tidying your workspace, reducing your commute by working a day from home, or getting off a committee that you’ve been on for too long. What can come off your list? 6. CLOSING RITUAL. Initiate a sim-

ple five-minute routine at the end

of the workday. Take a moment to jot down what you accomplished during the day and follow this with some quick planning. This tip comes from former lawyer and author Daniel Pink in his latest book “When: The Scientific Secrets of Perfect Timing.” Pink writes: “The science of ending suggests that instead of fleeing, we’re better off reserving the final five minutes of work for a few small, deliberate actions that bring the day to a fulfilling close. Begin by taking two or three minutes to write down what you accomplished since the morning. Making progress is the single largest day-to-day motivator on the job. But without tracking our ‘dones,’ we often don’t know whether we are progressing. Ending the day by recording what you have achieved can encode the entire day more positively (p. 172).” Dan adds that it is also valuable to use the remaining two or three minutes to lay out your plan for the following day. This will help close the door on today and energize you for tomorrow. There is much each of us can do to reduce the stressors and up our energy and satisfaction. Try one or more of the above suggestions or any others that come to mind and notice the benefits. One final tip: remember the goal isn’t perfection, but improvement. Allison Wolf, PCC is a senior coach with a cross-Canada and US practice dedicated to the legal profession. FEBRUARY 2020 / BARTALK

practicetalk DAVID J. BILINSKY

An Ounce of Prevention

Taking steps to prevent cyber threats rBeware of pretty faces that you find A pretty face can hide an evil mind... r

— Music and Lyrics by P. F. Sloan and S. Barri, recorded by Johnny Rivers.

he Law Society of BC is moving ahead with a practice management selfassessment process for all firms, including solo lawyers. The process is educational and aimed at identifying issues before they become problems. This is based on the Law Firm Regulation Pilot Project (bit.ly/bt0220p16-2) from October 2019. The Pilot Project touches on many practice management issues but here I am concentrating on confidentiality, privacy (and, in particular, privacy breaches), technology and electronic data matters. This work by the Law Society is far-reaching, laudatory, timely and addresses one of the biggest concerns in 2020, namely cybersecurity. According to Dan Lohrmann (a Computerworld Premier 100 IT Leader): “We also see cybersecurity continue as the top priority for chief information officers (“CIOs”) in 2020, just as it has been for most of the past decade.” Since many lawyers happen to wear the hat of CIO’s at their own law firms, this means that cybersecurity remains a top priority for lawyer firms in 2020. The fact is lawyers underestimate their vulnerability to cyberattacks and fail to put into place protections that may have safeguarded their systems. All too often I received calls from lawyers who had fallen victim to ransomware, had their computers (containing unencrypted client information) stolen or who had fraud attempts on their trust accounts (some of which were successful). Precautions against these and other cyber-threats fall into two classes. The first group involves 16

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putting into place proper management policies (such as a privacy policy that mandates a strong password policy; HR policies that mandate revoking all IT access for someone who leaves the firm and the like). The second group involves enabling strong software protections (such as robust backups and the use of strong Internet security and data protection software). WHAT TYPES OF CYBERATTACKS TARGET LAWYERS?

Spear phishing (per Oxford): “The fraudulent practice of sending emails ostensibly from a known or trusted sender in order to induce targeted individuals to reveal confidential information. The Digital Guardian (bit. ly/bt0220p16-3) states: “This is the most successful form of acquiring confidential information on the Internet, accounting for 91% of attacks.” An example of a successful attack was reported by Canadian Lawyer magazine (bit.ly/ bt0220p16-4): “a Dentons Canada Vancouver associate was tricked into transferring more than $2.5 million of client money held in a trust account to a fraudster’s account in Hong Kong.” Another type of attack aims at introducing a virus into your system that then transmits confidential information back to the fraudsters. The Law Times (bit.ly/bt0220p16-5) reported “a Toronto-area law firm lost ‘a large six figure’ after a virus gave hackers backdoor access to its bookkeeper’s computer.”

According to Dan Pinnington, LawPRO’s VP of claims prevention: “The level of sophistication of this one was unbelievable.” The virus tricked the bookkeeper into giving the trust account’s password to the fraudsters, allowing them essentially full access to the trust account, including the ability to go in, monitor it, and wire money to foreign countries shortly after deposits were made, according to Pinnington. These threats and others are the focus of the Law Society’s Workbook. It asks such questions as: “Is training provided pertaining to preserving the duties of confidentiality, solicitor-client privilege, privacy and the consequences of privacy breaches?” The Workbook continues: “Lawyers and staff are provided with up-to-date technology training relating to issues of confidentiality and privacy pertaining to electronic data, including training on the importance of password protection and awareness of the risks associated with, suspicious emails, links and attachments.” And, “Lawyers and staff receive education and training regarding the principles of Continued on page 17 >>> The views expressed herein are strictly those of David Bilinsky and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members. David J. Bilinsky is the Practice Management Advisor (non-practising — on medical leave). Email: daveb@thoughtfullaw.com Blog: thoughtfullaw.com

dave’s techtips Security Dos and Don’ts Here are a collection of security dos and don’ts, with links to relevant websites and resources. No amount of software can protect you unless it is combined with proper security policies that are updated as threats emerge and are enforced within your organization.

PASSWORDS: uuu STRONG PASSWORDS Why you should use a strong password and how to get started using a password manager. (bit.ly/bt0220p17-1)

uuu STRONG PASSWORD GENERATORS Gibson Research:

RoboForm Password Manager: (bit.ly/bt0220p17-6)

Dashlane: (bit.ly/bt0220p17-7)

Better yet, move to MultiFactor Authentication (bit.ly/ bt0220p17-9). If you are on a Mac, then Keychain (bit.ly/bt0220p17-8) is already built into OSX (and can be shared on your different Apple products).

SECURITY TIPS: uuu DISABLE USB PORTS Prevent malware from being introduced into your system via an infected USB drive: (bit.ly/bt0220p17-10)

uuu RANSOMWARE PROTECTION The 3-2-1 approach to defend against ransomware: (bit.ly/bt0220p17-11)

(bit.ly/bt0220p17-2)

Secure Password Generator: (bit.ly/bt0220p17-17)

uuu PASSWORD STRENGTH TESTERS The Password Meter: (bit.ly/bt0220p17-3)

How Secure is My Password: (bit.ly/bt0220p17-4)

uuu PASSWORD MANAGER SOFTWARE LastPass remembers all your passwords, so you don’t have to: (bit.ly/bt0220p17-5)

uuu THE BEST ANTIVIRUS SOFTWARE FOR 2020 Install a top-rated product and keep it up to date: (bit.ly/bt0220p17-12)

uuu WHY SOFTWARE UPDATES ARE SO IMPORTANT Why it is important to install the latest versions of your operating systems and install all updates to protect against emerging vulnerabilities: (bit.ly/bt0220p17-13)\

uuu CANADIAN ZEROKNOWLEDGE CLOUD-BASED BACKUP SOLUTION Sync encrypts your data in transmission and in storage and only you have the key to unencrypt your data — no one else can read or access your data. Plus, all your data remains in Canada. (bit.ly/bt0220p17-14)

uuu THE 10 STEPS TO CYBERSECURITY — by the UK’s National Cyber Security Centre This site contains a host of articles, guidance, tips and more to protect an organization against threats. (bit.ly/bt0220p17-15)

uuu SANS — INFORMATION SECURITY POLICY TEMPLATES The SANS organization has long been a leader in education, resources, programs and much more in security and IT issues. Here you will find a host of information, including policy templates for twentyseven important security requirements: (bit.ly/bt0220p17-16) This is just a sampling of the steps and policies that can be taken to protect confidentiality, guard privacy (and prevent privacy breaches), harden technology and safeguard electronic data. The threat landscape is constantly changing as new threats emerge. Practice today means understanding the nature of the threats and how to best take precautions to guard against them.

>>> Continued from page 16

confidentiality and solicitor-client privilege, including… in relation to electronic communications (email, texting, e-documents).”

Lawyers are well-advised to read the Pilot Project report, and start to work through the Workbook early in 2020, not just to prepare to complete

the mandatory Self-Assessment report but also to take action in hardening their systems, policies and protections against cyber-threats. FEBRUARY 2020 / BARTALK

guest LISA M.G. NEVENS (THEY/THEM)

A Review of LGBTQ2+ Law: Practice Issues and Analysis A helpful starting point for all lawyers on LGBTQ2+ legal issues and respectful practice

GBTQ2+ Law: Practice Issues and Analysis1, (“LGBTQ2+ Law”) offers lawyers two critical tools to improve their practice:

1. an overview of key lesbian, gay, bisexual, transgender, queer, and two-spirit (LGBTQ2+) legal issues in numerous practice areas that will assist lawyers in properly identifying and meeting their clients’ legal needs, and 2. information and perspectives that are necessary to understand for lawyers to competently and respectfully interact with and serve their LGBTQ2+ clients. CBABC’s Sexual Orientation and Gender Identity Community Section is frequently approached by lawyers seeking to improve in both of these areas. While no single volume can replace diligent research and in-person training, LGBTQ2+ Law provides an excellent and needed starting point. With its potential to reach a broad audience, this book can also help elevate the basic level of knowledge and competency in LGBTQ2+ issues within the profession, which will assist in addressing the unmet legal needs and access to justice concerns of LGBTQ2+ communities.2 SUBSTANTIVE LAW The scope of LGBTQ2+ Law is very ambitious. It covers substantive legal issues related to: human

rights and the Charter family law and estate planning

BARTALK / FEBRUARY 2020

polyamoury

and non-dyadic relationships immigration and conflict of laws children and youth, and criminal law and public health. Where a matter falls under provincial jurisdiction, the authors have attempted to address and identify the differences between provinces. While the vast amount of material covered is impressive, it is by necessity a starting point to research into some of these legal issues, not an end point. It also means that not every chapter will be relevant to one’s practice. However, as a client’s legal needs may not fall neatly into a single area of law, having a general understanding of issues that can arise for LGBTQ2+ people will help lawyers better identify their clients’ legal needs. CONTEXT AND COMPETENCY Not every lawyer is familiar with the LGBTQ2+ communities, but every lawyer will at one or more points in their professional careers interact with LGBTQ2+ people — be they as clients, colleagues, opposing counsel, or judges. Lawyers have legal and professional obligations to treat everyone within the legal system with respect and to provide legal services to their clients to the best of their abilities. However, even strong allies and LGBTQ2+ lawyers themselves are not always familiar enough with the relevant issues to confidently and

respectfully assist their clients, particularly when it comes to trans and gender non-binary matters. Two of the chapters of LGBTQ2+ Law will be particularly helpful for lawyers seeking to improve their competency in this area: “LGBTQ2+ Cultural Competency” and “Trans Competent Lawyering”. These, along with similar sections in other chapters, are well-written and will help readers understand, for example, the importance and proper use of pronouns, the meaning and significance of terms such as cissexism and intersectionality, and why all of this is relevant to their professional practice. Rounding out the volume, a chapter on the history of queer rights, forward by Kathleen Wynne, and personal reflections at the end of each chapter help humanise the sometimes-dry legal material. In particular, many of the personal reflections were remarkable to read and demonstrate the critical importance of improving the quality and quantity of legal services to LGBTQ2+ communities. They also illustrate the ongoing resiliency of the LGBTQ2+ and legal communities alike. Overall, I highly recommend this volume as a starting point for all lawyers seeking to provide the best service possible to their clients, regardless of practice area. As a queer and non-binary lawyer myself, I thought there was not a lot more for me to learn in this area, but I was wrong. Even I learned a lot — and I am a better lawyer having read it. LGBTQ2+ Law: Practice Issues and Analysis, Joanna Radbord, ed., (Toronto: Emond Montgomery Publications, 2020) (bit.ly/bt0220p18-1) 2 See, for example, TRANSforming JUSTICE — Trans Legal Needs Assessment Ontario Project 1

Lisa co-chairs CBABC’s Sexual Orientation and Gender Identity Community Section. They have been involved in the Section since 2008.

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news&events Barry Sullivan Law Cup April 8, 2020

CBABC is excited to host the Barry Sullivan Law Cup again this year. This public speaking competition engages students in Grades 10 to 12 from across the province. Student are challenged to bring forth their knowledge and passion on a topic that is provided. Good luck to all the participants!

CBA WELLNESS

From mental wellness to practice management, visit cbabc.org/wellness to access tips and resources specifically designed to help address the struggles lawyers face in their lives and in their practice.

BC WLF UPDATE — by Bena Stock, Associate Director of the Lawyers Assistance Program of BC

Feeling Like an Imposter? Learn the Power of Confidence One of the mental roadblocks facing women lawyers is the imposter syndrome, which involves persistent self-doubt and feeling as though you don’t belong in your position. There is a growing body of evidence that confidence at work, and in life, is just as important as competence. Nothing builds confidence like taking action, especially when that action involves risk and failure. Risk keeps you learning and growing. It keeps you improving and gaining confidence, which can lead you down the path of success. Rewire your brain instead of taking yourself out of opportunities due to a lack of confidence. The first step in rewiring comes from cognitive behavioural therapy. You must become a keen observer of the relationship between your thoughts, your emotions, and your behaviour. One way to rewire is to imagine yourself excelling at something you need to do at work. Be mindful of your automatic negative thoughts, and don’t let them in. It helps us keep our competitive edge while managing the stress of lawyering. Another way to increase confidence is increasing psychological capital. Psychological capital is the powerful combination of our hope, optimism, confidence and resilience. Try to maintain positive expectations about your ability to meet challenges in order to cope and bounce back when challenges strike. Research links high levels of psychological capital with better job performance, a greater ability to overcome obstacles, higher job satisfaction, and elevated well-being. Perhaps most importantly, remember that it is beneficial to express interest in new opportunities, and to negotiate change in your circumstances. Your circumstances are often not as fixed as you imagine them to be.

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CBABC ADVOCACY UPDATE HISTORIC NEW INDIGENOUS HUMAN RIGHTS LEGISLATION In its 2017 platform paper, An Agenda for Justice, CBABC called on the provincial government to recognize Indigenous justice systems in a manner consistent with treaty and constitutional obligations, as well as the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”). The UN Declaration is an international set of standards to protect the rights of Indigenous peoples. It outlines rights in all areas of life — such as human rights, education and health. The Truth and Reconciliation Commission called for UNDRIP to be used as a framework for moving toward true and lasting reconciliation. In November 2019, the BC government unanimously passed Bill 41, the Declaration on the Rights of Indigenous Peoples Act. Bill 41 mandates the government to harmonize its policies with the UN Declaration. British Columbia becomes the first jurisdiction in Canada to adopt and implement UNDRIP; all current laws will be harmonized with UNDRIP principles, and all future laws will be drafted in consultation and cooperation with the Indigenous peoples throughout the province.

Calendar

FEBRUARY

1 CBABC Annual General Meeting — Richmond 5-11 LAP: “Boundaries for Lawyers” — Vancouver 7 Immigration Law Conference 2020 — Vancouver 10 Family Day 19 CBA 2020 Annual Meeting — Ottawa, ON 20-21 Family Law Conference in the Okanagan 2020 — Vernon 28 South of the Fraser Conference 2020 — Surrey

MARCH

2 Advanced Mediation Workshop — Vancouver 10 WEBINAR: Trauma Informed Practice 19 Central Vancouver Island Solicitors’ Conference 2020 — Parksville

Vancouver, BC

Commercial Litigation Associate 2-5 Years Stikeman Elliott is a global leader among business law firms. With offices across Canada and international offices in New York, London and Sydney, Stikeman Elliott enjoys an outstanding reputation around the world. The Vancouver office is seeking to add a commercial litigation associate with two to five years of experience gained at a leading firm. The successful candidate will work on complex commercial disputes from contract claims and business torts to class actions, product liability, insolvency and securities litigation. Resources at your disposal will include cutting-edge knowledge management technology and a team of knowledge management professionals. Ongoing associate training and mentorship in technical and business skills is also a hallmark of Stikeman Elliott. If you strive for excellence, this is your chance to work alongside top-rated lawyers at the firm which was named Litigation Law Firm of the Year at the Chambers Canada 2019 awards ceremony.

This is an exclusive search with Hunter West Legal Recruitment. For more information or to apply, please e-mail stephanie@hunterwest.ca or mike@hunterwest.ca or call 604-783-5073

www.hunterwest.ca

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news&events TIPS FROM

0 RESULTS FOUND

Lawyers can be voluble and prolific publishers of handbooks, guides, and treatises on mental health law, witness trauma, workplace addiction, outcomes of personal injury, etc. — all from the perspective of lawyer as clinician. But when it comes to personal wellness among lawyers themselves, the silence is deafening and largely unpublished. Search our catalog for “mental health” and you’ll see proof of this. Dozens of titles deal with mental health through the lawyer’s lens. We found barely one book on our shelves showing lawyers through the lens of mental health. And it’s sandwiched, shockingly, between works on liability for malpractice and professional misconduct. This aged collection of symposium papers from 1995, titled Health and Wellness for Lawyers, includes former Justice Frank lacobucci’s call to action in light of stats (recent at the time) showing nearly one-third of US attorneys suffer alcoholism, depression, or drug use in some form. Nearly 25 years later, the good work of the Law Society of BC’s Mental Health Task Force echoes this lament and underscores how little we’ve learned in the intervening years. If anything, substance and alcohol use is even higher. And our evidence is still extrapolated from the US. The task force’s 2019 Mid-Year Report mentions, “Very little comparable research has been undertaken in Canada, resulting in a dearth of knowledge about the wellness of Canadian lawyers.” We sincerely hope this changes, and that we can collectively reduce the stigma of mental health issues and add more literature alongside Mr. Iacobucci’s writings from a quarter century ago… and also move them to a better, more dignified neighbourhood within our collection.

CLEBC Update

lawyers throughout her career, particularly regarding Indigenous laws and Truth and Reconciliation.

2019 LEADERS IN LEARNING AWARD: Ardith Walpetko We’dalx Walkem, QC

Ardith has contributed prolifically to CLEBC by lending her time and expertise to numerous programs, publishing papers, and even leading training sessions for CLEBC staff and Board members. Her first CLEBC project involved co-chairing the first Indigenous Legal Orders and the Common Law conference, which brought together leaders of Indigenous nations and judges from all levels of court — a first in British Columbia. With the support of LSBC and CLEBC, she produced the powerful short film “But I Was Wearing A Suit” which was presented at

Once every two years, CLEBC honours extraordinary individuals for their contribution to the enhancement of learning in the BC legal community with the Leaders in Learning Award. This year’s recipient, Ardith Walpetko We’dalx Walkem, QC, has demonstrated incredible commitment to mentorship, role modeling, and delivering learning opportunities to

BARTALK / FEBRUARY 2020

the Law Society of BC’s Truth and Reconciliation Symposium. Beyond her many contributions, CLEBC staff say that Ardith works tirelessly to produce excellent programs and services to the legal profession. She is patient and kind, and always says “yes” to working on projects that are important to her, all while running her law firm, “Cedar and Sage Law Corporation.” It is with great pleasure that CLEBC presents the 2019 Leaders in Learning Award to Ardith Walpetko We’dalx Walkem, QC.

grantsapproved LAW FOUNDATION OF BRITISH COLUMBIA

Outlined below is a list of grants adjudicated at the November 30, 2019 Board of Governors’ meeting. Funding totalling $5,855,000 was approved for the following 19 continuing programs: $3,250,000 LEGAL SERVICES SOCIETY Legal Information and Legal Assistance Programs $435,000 UNIVERSITY OF VICTORIA UVic Law — Law Centre Clinical Program $380,000 BC CIVIL LIBERTIES ASSOCIATION Major Programs $270,000 UNIVERSITY OF BRITISH COLUMBIA Indigenous Community Legal Clinic $250,000 BC FREEDOM OF INFORMATION AND PRIVACY ASSOCIATION Law Reform and Public Legal Education Program $240,000 LAW SOCIETY OF BC The Professional Legal Training Course (PLTC) $225,000 FIRST UNITED CHURCH COMMUNITY MINISTRY SOCIETY Poverty Law Advocacy Program $100,000 HAIDA GWAII LEGAL PROJECT SOCIETY Legal Education/Advocacy Program $95,000 POWELL RIVER COMMUNITY SERVICES ASSOCIATION Poverty Law Advocacy Program $95,000 SOCIETY FOR EQUITY, INCLUSION, AND ADVOCACY: CENTRAL VANCOUVER ISLAND Legal Advocacy Program $90,000 UNIVERSITY OF BRITISH COLUMBIA Public Interest Work Placements $90,000 UNIVERSITY OF VICTORIA UVic Law Public Interest Work Placement Program $80,000 LAW SOCIETY OF BC CanLII Virtual Law Library

$70,000 MULTIPLE SCLEROSIS SOCIETY, BC & YUKON DIVISION Volunteer Legal Advocacy Program (VLAP)

$25,000 PRINCE GEORGE URBAN ABORIGINAL JUSTICE SOCIETY Indigenous Court Coordinator Project — Prince George

$65,000 PRINCE RUPERT UNEMPLOYED CENTRE SOCIETY Advocacy Program

$25,000 TK’EMLUPS TE SECWEPEMC Indigenous Court Coordinator Project

$40,000 PRO BONO STUDENTS CANADA — UBC Pro Bono Students Canada (PBSC) Law Student Volunteer Program $35,000 PRO BONO STUDENTS CANADA — UVIC Pro Bono Students Canada $25,000 DEBATE AND SPEECH ASSOCIATION OF BC Law Foundation Cup $20,000 CANADIAN FOUNDATION FOR LEGAL RESEARCH Grants for Legal Research and Writing Funding totalling $687,000 was approved for the following 12 on-track programs: $250,000 THOMPSON RIVERS UNIVERSITY TRU Legal Clinic and TRU Legal Clinic Society $65,000 UNIVERSITY OF BRITISH COLUMBIA Public Interest Awards $55,000 UNIVERSITY OF BRITISH COLUMBIA UBC Innocence Project at the Allard School of Law $55,000 UPPER SKEENA COUNSELLING & LEGAL ASSISTANCE SOCIETY Indigenous Court: Navigator and Court Coordinator Program $50,000 THOMPSON RIVERS UNIVERSITY Public Interest Work Placement $45,000 UNIVERSITY OF VICTORIA UVic Law — Law Foundation Public Interest Awards $40,000 THOMPSON RIVERS UNIVERSITY Public Interest Awards Funding $35,000 PRO BONO STUDENTS CANADA — TRU Pro Bono Students Canada — Thompson Rivers University Chapter $32,000 NICOLA VALLEY COMMUNITY JUSTICE SERVICES SOCIETY Nicola Valley Indigenous Court Coordinator Program

$10,000 VANCOUVER SUMMER MENTORSHIP SOCIETY Summer Mentorship Program Funding of $1,000,000 was approved for the following major projects initiative grant: COMMUNITY LEGAL ASSISTANCE SOCIETY Integrating Human Rights in the Mental Health Act Funding totalling $157,000 was approved for the following eight legal research grants: $20,000 ATIRA WOMEN’S RESOURCE SOCIETY Stop the Poor Door Movement $20,000 RISE WOMEN’S LEGAL CENTRE Working Against Cultural Biases in Family Court $20,000 SIMON FRASER UNIVERSITY, SCHOOL OF CRIMINOLOGY Indigenous Overrepresentation in BC’s Youth Correctional System $20,000 THOMPSON RIVERS UNIVERSITY Justice, Impact, and Outcomes: A New Measurement for Student Clinical Programs in British Columbia $20,000 UNIVERSITY OF BRITISH COLUMBIA Indigenous Community Legal Clinic Assessment of Impact of Meaningful Access to Justice $20,000 UNIVERSITY OF BRITISH COLUMBIA The Family Under Conditions of Mobility: Comparing Immigration Law and Family Law $20,000 UNIVERSITY OF VICTORIA SCHOOL OF PUBLIC HEALTH AND SOCIAL POLICY Connecting Youth Experiences To Action $17,000 THOMPSON RIVERS UNIVERSITY Trans Competent Lawyering and Judging

FEBRUARY 2020 / BARTALK

guest JUDGE ANN ROUNTHWAITE (RETIRED)

The Provincial Court of British Columbia A leader for 50 years

nactment of the Provincial Court Act in 1969 created the Provincial Court of British Columbia (“Court”). For the last fifty years, the Court’s focused efforts to provide an accessible, fair, efficient, and innovative system of justice have made it a leader in Canada. The new Court quickly distinguished itself in the area of judicial ethics and education. In 1976, it and the Cour de Quebec were the first two courts in Canada to adopt codes of judicial ethics. Since then, the Court has adopted Ethical Principles for Judges, providing more detailed guidelines. Early chief judges, especially Chief Judge Lawrence Goulet, made continuing education a high priority. He ensured the Court’s education conferences used interactive adult education techniques before they became common in judicial education. In the early ’90s, Justice Douglas Campbell, then a BC Provincial Court judge, pioneered social context education in Canadian courts, and, by the 2000s, Judge Jean Lytwyn was introducing asynchronous distance education to Canadian judges, enabling them to discuss hypothetical problems online with colleagues from across the country. Judicial mediation is taken for granted today. But, in the early ’90s, the Court was the first trial court in North America to introduce mandatory judicial mediation in small claims settlement conferences. As a result, the US National Association 24

BARTALK / FEBRUARY 2020

for Court Management awarded the Court a Justice Achievement Award for Court Innovation in 1993. A leader in both transparency and the use of business intelligence, in 2004, the Court developed operational standards to assess its ability to manage its caseload effectively. These standards represent objective goals it strives to meet with available resources. The Court reports its progress in meeting those goals twice a year in detailed annual reports and in semi-annual Time to Trial reports, both posted on its website. In the 2000s, the Court also began responding to a range of needs by collaborating with communities to establish specialized sentencing courts using a therapeutic approach. Working with integrated community services to help offenders deal with their underlying problems, these courts include Vancouver’s drug and community courts, Victoria’s Integrated Court, domestic violence court projects, and six Indigenous and First Nations courts around the province. The Court recently announced the opening of a seventh Indigenous sentencing court in Williams Lake in the spring of 2020. The Court has embraced the use of technology to increase access to justice and improve efficiency. For example, judicial justices conduct evening and weekend bail hearings

by video from the Justice Centre in Burnaby; people in custody make some court appearances by closed circuit television; and Judicial Case Managers receive real-time notice when judges finish their court lists and are available to hear certain cases from other courthouses by video. The Court has also been at the forefront in the use of digital communications for public engagement. It offers a colourful, plain language website that received more than 1.1 million page views in 2019. It was the first Canadian court to post weekly eNews articles in a blog format on its website, and to connect with the public in a two-way Twitter account with a conversational tone. In 2016 and ’17, it introduced Canadian courts to live Twitter Town Halls where Chief Judge Crabtree answered tweeted questions. And, in 2019, Chief Judge Gillespie hosted Chief Justice Bauman and a former self-represented litigant at #A2JChatBC, a third Twitter Town Hall. The Court’s judges and judicial justices deal with almost 200,000 new criminal, youth, family, child protection, civil, traffic and ticket cases a year in more than 80 locations. The Court’s jurisdiction is among the broadest of any provincial court in Canada. For more, see the Court’s 50th anniversary video at bit.ly/videopcbc. Visit provincialcourt.bc.ca, subscribe to eNews, and follow the Court on Twitter @BCProvCourt.

Judge Ann Rounthwaite (retired) manages the Provincial Court’s websites, writes and edits bi-weekly eNews articles, and tweets for the Court.

BRITISH COLUMBIA

L E G A L S UP P O R T CAREERS Corporate Paralegal | 5+ years | Vancouver

This is a unique opportunity to be part of a top national firm, while benefiting from a tight-knit local dynamic team, where you’ll enjoy significant exposure on sophisticated matters. If you have at least 5 years of corporate law experience, this firm will provide the resources, infrastructure, benefits and perks of a large national firm and the flavour and culture of a small boutique firm. If you would like to learn more about this opportunity, please contact Eda Alper at ealper@zsa.ca.

Real Estate Paralegal | 5+ years | Vancouver

Our client, a top-tier firm, is looking for an experienced Real Estate Paralegal to join their highly regarded team. Duties of this role will include dealing with commercial real estate transactions which may include acquisitions, sales, financing, due diligence and title matters, and some residential transaction work from beginning to end; dealing with sales of condominium developments; financing and re-financing transactions; and land development matters. The successful candidate will be a graduate of an accredited Paralegal diploma program with a minimum of 5+ years’ mixed Real Estate experience. Proficiency with Word, Adobe, Excel & E-file document preparation, as well as a strong understanding of BC land titles registration requirements are required. The ideal candidate will be capable of working independently or as part of team with little supervision; have high attention to detail and superior organizational skills; excellent communication skills both written & verbal; and the ability to manage multiple competing deadlines in a fast-paced and high volume environment. For more information or to apply, please submit your resume to Eda Alper at ealper@zsa.ca.

Litigation Legal Assistant | 0 – 5 years | Vancouver

Our client, a boutique downtown law firm, is seeking a Litigation Legal Assistant to join their busy practice. This is a great opportunity to learn and grow in a well-regarded litigation firm with a great team! The successful candidate will be supporting the Managing Partner’s very busy practice with a Senior Legal Assistant. The ideal candidate should be a graduate of an accredited Legal Administrative Assistant program. It is essential to have excellent written and verbal skills, a “can-do” attitude, with the ability to handle competing priorities. To learn more about this exciting opportunity or to apply, please contact Eda Alper at ealper@zsa.ca.

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Consultant, Support Services (604) 283-9318 ealper@zsa.ca

F I R M

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FEBRUARY 2020 / BARTALK

nothingofficial TONY WILSON, QC

I Want to Name a Law School... After Me!!! What I’d do with my $70 million Lotto Max winnings

y (very) late father was a real estate developer, and owned hotels and restaurants in Victoria in the 1960s and 1970s. One of his many regrets when he died was not having the name “Victor Wilson” prominently carved into the top of his various office buildings in huge letters, so that the pension funds and insurance companies that ended up buying them couldn’t easily remove his name without hiring an engineer, a crane operator and two men with jackhammers. The $70 Million Lotto Max draw being held on the day I’m writing this has made me think about my father’s unfulfilled “naming wishes.” But I’ve also thought about my mother, whose favourite charity was the BC Lottery Corporation; a charity which she donated tens of thousands of dollars to during the last 10 years of her life and which formed the mainstay of her (unsuccessful) retirement plans. So, in honour of my mother, I’m buying a ticket on the $70 Million Lotto Max draw. If I win, I’ll keep half for my family. And in honour of my father, I want to donate the other half to a law school. But only if they’ll name it after… me! My magnanimousness will not be without conditions, though. You see, I’m very suspicious that university administrators, students and faculty members may attempt to surreptitiously circumvent my wishes in the future while still taking my money. So, strings are attached to this colossal endowment. 1. I don’t know if it should be called the “C Anthony Wilson School of Law” or the “C. Anthony (Tony) 26

BARTALK / FEBRUARY 2020

Wilson QC Law School” or the “Tony Wilson Law School.” Hell, for $35 million, I’m sure some university somewhere in the world would let me call it “Tony’s Law School and Pizza” if I insisted. 2. My name must be engraved in either steel or cement at the entrance to the law school in a font no less than 12 inches per letter. I would have considered neon lights, but they’re too easy to remove. And besides, neon is a bit over the top, even for me. 3. For branding purposes, the font for my name will be standardized wherever the law school name appears. I am partial to a font called “Douglas Adams Handwriting.” 4. All degrees issued by my law school, (including graduate degrees, diplomas, or other certificates of any kind) will have my name prominently embossed thereon. In other words, every piece of paper used at my law school for any purpose will have my name on it!!! No exceptions. No wiggle room. Otherwise, no deal! 5. All interest on my $35 million endowment will be used to give sizable grants to needy students. That’s because my $35 million munificence can’t be just about me. That would be wrong. I’m doing it for them. (Except for the naming bit. That’s all about me). 6. There will be a large lifelike bronze statue of me sailing my boat in the law school lobby reading “Waters on Trusts,” which is an obscure pun.

If the law school decides in 50 years that they still don’t get the pun, or they think some of my previous BarTalk or Globe and Mail columns are politically incorrect (perhaps they learned that I enjoyed eating beef, read Jordan Peterson’s books or supported the HST), then removing the statue will trigger repayment of the remaining principal, with those funds being redirected in three equal parts to a worthy charity that supports beef consumption, another charity that supports free speech, and for no reason at all, The Advocate. 7. In addition to the severe penalties arising from the removal of my statue, if a university breaches its agreement by taking my money, but changing the law school’s name, my name has to be so difficult to remove from the building that it will take a dozen engineers from the world’s largest construction companies six weeks to figure out how to do it without effectively demolishing the entire building. That’s what my dear old Dad would have wanted. Maybe UVic might be interested. After all, I went to law school there. Or maybe, it will be in UK or Australia where many Canadians go for their law degrees. But I’m sure some law school, somewhere in the world, will be the happy beneficiary of my $35 million benevolence. Tony Wilson, QC is a franchise lawyer at Boughton in Vancouver and is now a Life Bencher of the Law Society, so don’t phone him anymore to complain because it won’t help. The views expressed herein do not reflect the opinions of the CBABC, or their respective members.

I give to my community and with Vancouver Foundation, my giving lasts forever. 75 years ago, a single gift started Vancouver Foundation and that gift is still making a difference in the community today. We can help you create a fund that gives forever. Get started at vancouverfoundation.ca/create or call Kristin at 604.629.5186

To find your local community foundation visit communityfoundations.ca

FEBRUARY 2020 / BARTALK

sections Keep Current on CBABC Section Meetings CBABC Sections have engaged in multiple discussions on the theme of Health and the Legal Profession.

uuu Civil Litigation —

Vancouver | October 3, 2019 Brook Greenberg, Partner at Fasken, Martineau DuMoulin LLP and Chair of the Benchers’ Mental Health Task Force, presented on the Mental Health Task Force’s mission, its work and plans for the future.

Lawyers can make a significant difference in their clients’ lives and their continued well-being by encouraging them to consider their wishes and values for care and putting their wishes in writing and by appointing the appropriate substitute decision maker. Jeff Locke from McLellan Hebert commented on Lawen Estate v Nova Scotia (Attorney General), 2019 NSSC 162 (CanLII).

Watch the recording: bit.ly/bt0220-Sections-1

Watch the recording: bit.ly/bt0220-Sections-3

uuu Health Law |

uuu Civil Litigation —

October 23, 2019

Health Law Case Review — Lisa Fong and Lauren Riva of Ng Ariss Fong provided a summary of the leading cases in health law for 2018-2019. Watch the recording: bit.ly/bt0220-Sections-2

uuu Wills & Trusts —

Vancouver | November 26, 2019 Cari Hoffman and Lauren Thomas from the Fraser Health Authority reviewed case studies and discussed documents and health care decisions. Sandy Abley from Harper Grey LLP discussed a new Advance Care Planning Resource for Lawyers developed by the Canadian Hospice Palliative Care Association. 28

BARTALK / FEBRUARY 2020

Vancouver Island | December 10, 2019

Derek LaCroix, QC, Executive Director of Lawyers Assistance Program of British Columbia, discussed stigmas in mental health issues and the legal profession; the benefits of breaking those barriers for organizational success, and the influence over ethics and professionalism. He also discussed happiness myths and gave research-based evidence on steps to take to effectively create a positive change and increase productivity in a legal workplace. Watch the recording: bit.ly/bt0220-Sections-4

Upcoming Section Meetings | 2020 On February 6, 2020, join

the Family Law — Victoria Section for a panel discussion on obtaining children’s views in a family law setting. uuu bit.ly/bt0220-Sections-5 On February 11, 2020,

join the Civil Litigation — Vancouver to celebrate the vicissitudes of the (sometimes stressful) profession with fellow lawyers at their Annual Dinner. uuu bit.ly/bt0220-Sections-6 On February 19, 2020,

join the Civil Litigation — Vancouver Island on a discussion to unpack the strategic and practical steps to developing and prosecuting strategic litigation. uuu bit.ly/bt0220-Sections-7 On February 25, 2020,

join the WLF — Vancouver Island for their Annual Judges Dinner. uuu bit.ly/bt0220-Sections-8

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Legal Opportunities Start here: cbabc.org/LegalOpps

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BarTalk’s NEW Website FEBRUARY 2020 / BARTALK

barmoves Who’s Moving Where and When

Angela Dunn

Matthew Singerman

joined Aaron Gordon Daykin Nordlinger LLP as an associate. She continues to focus her practice on family law.

joined Clark Wilson LLP as a partner in their Commercial Real Estate group from his previous role as vice president & general counsel at Aquilini Group in Vancouver.

Paul Kennedy

Dani Marshall

joined the partnership at Lindsay Kenney LLP. Paul’s practice is focused on corporate commercial law, mergers and acquisitions, commercial real estate matters and secured lending transactions.

is a new associate in Clark Wilson LLP’s Commercial Real Estate group, who joined them from her previous role at Doak Shirreff Lawyers LLP in Kelowna.

Cassandra Drake

Sandra Jennings

joined the partnership at Lindsay Kenney LLP. Cassandra is a general litigator with an emphasis on family law.

joined Jiwa Law Corporation as an associate, to continue her work in family law, and as a mediator, parenting coordinator and child interviewer.

Stefan McConnell

Amyn Lalji

joined Miller Thomson’s Vancouver office as a partner in the Business Law group. Stefan delivers practical, effective advice to help clients complete transactions and find solutions to commercial challenges.

joined MLT Aikins LLP as senior counsel and a key member of their Aboriginal law and energy practice areas. Amyn has extensive experience representing Indigenous clients in respect of Canada’s largest resource-based projects.

Ellen Kief

Morgan Camle

joined Miller Thomson’s Vancouver office as associate counsel. Ellen practises US immigration law with a focus on business immigration for corporate clients and businesses across Canada, the United States and worldwide.

joined Dentons as a partner in Vancouver’s Litigation and Dispute Resolution group. Her practice focuses on complex commercial litigation, agribusiness, regulatory, criminal, municipal and Aboriginal law.

BARTALK / FEBRUARY 2020

Bar Moves space is at a premium and available for free to members on a first-come first-served basis, so send your Bar Move (max. 30 words) and a high-resolution headshot photo to bartalk@cbabc.org now.

TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BARMOVES.

Sarah Nelligan

Ryan Black

joined Dentons’ Litigation and Dispute Resolution group as a partner. Based in Vancouver, her practice focuses on commercial litigation as well as insolvency, restructuring and banking and litigation.

joined DLA Piper (Canada) LLP as a partner in their Vancouver office. Ryan practises technology-related corporate law, with a particular focus on Internet technologies, ecommerce, video games and esports.

Roark Lewis

Serin Remedios

joined Dentons as an associate in Vancouver’s Litigation and Dispute Resolution group. His practice focuses primarily on complex commercial litigation and agribusiness.

joined Miller Titerle + Company to its Indigenous and Litigation Practice groups. Serin also brings her experience in environmental law to the firm. Serin was called to the Bar in both Ontario and British Columbia.

Morgan T. McDonald

Anthony Eden

joined DLA Piper (Canada) LLP as counsel in the Vancouver office. Morgan’s practice is focused on assisting founders, startup and growth companies in the technology sector.

joined Hammerberg Lawyers LLP as an associate. Anthony’s practice focuses on estate litigation.

FEBRUARY 2020 / BARTALK

Disability Income and Business Expense insurance plans offer a simple and effective way to protect everyone who relies on you (at home and work) in the event an accident or illness prevents you from working. Disability Income Insurance Business Expense Insurance • Pay bills if your income stops. • Pay business expenses if your income stops. • Maintain your lifestyle. • Maintain the operation of your firm. • Protect your retirement • Protect your firm from the absence savings. of a key employed lawyer.

Connect with your local Lawyers Financial advisor David Hodgson 604.247.8007 or Toll Free: 1.888.477.5630 lawyersfinancial.ca Lawyers Financial products and plans are sponsored by The Canadian Bar Insurance Association (CBIA). Lawyers Financial is a trademark of CBIA. Disability and Business Expense insurance plans are underwritten by The Manufacturers Life Insurance Company (Manulife). 12/2019

RETURN REQUESTED TO: The Canadian Bar Association, BC Branch, 10th Floor, 845 Cambie Street, Vancouver, BC V6B 5T3

BarTalk February 2020 | Health and the Legal Profession

Articles inside

BAR MOVES

NOTHING OFFICIAL

THE PROVINCIAL COURT OF BC: A LEADER FOR 50 YEARS

CBABC Advocacy Work

Calendar Tips from Courthouse Libraries BC CLEBC Update

A REVIEW OF LGBTQ2+ LAW: PRACTICE ISSUES AND ANALYSIS

DAVE’S TECH TIPS

STRESS LEVELS RISING?

WHEN THE TREATMENT WORSENS THE ILLNESS

PROFESSIONAL DEVELOPMENT

PRACTICE TALK

Canada’s Response to the Overrepresentation of Indigenous Children in Care by Frances Rosner

3 LAW FOUNDATION OF BRITISH COLUMBIA

FROM THE PRESIDENT

EXECUTIVE DIRECTOR

INDIGENOUS MATTERS

SPEAKING UP ABOUT TRAUMA AND MENTAL HEALTH

LAWYER WELL-BEING CHECK-IN

HAPPINESS IS A CURRENCY