Law in the Time of COVID | BarTalk February 2022 by The Canadian Bar Association, BC Branch

FEBRUARY 2022 | bartalkonline.org

Law in the Time of COVID

COVID TALE OF TWO FIRMS | ADAPTIVE WORKPLACE | PRACTISING WELLNESS

Law in the Time of COVID Features 6

Columns

The COVID Tale of Two Firms Peter Roberts, QC, Peter Lightbody, and John Lakes

FEBRUARY 2022 Volume 34 | Number 1

From the President

Together but Apart Sara Forte and Jessica Forman

The Prolonged Effect on Mental Health and Induced Trauma on Vaccine Hesitant Citizens

Executive Director

Business Continuity in the Time of Illness

Indigenous Matters

When Does a COVID Layoff Become a Termination? C. Nicole Mangan

Indigenous Matters

Law Office Design in the Age of COVID

PracticeTalk

Labour Law in the Time of Cholera Mike Hamata and Katelin Dueck

Dave’s Tech Tips

Advocacy in Action

Professional Development

SectionTalk

COVID has Placed Law Practice into a New Environment David J. Bilinsky

Vaccine Passports Ale Henao and Chris Drinovz

From the Branch

COVID Challenges and Opportunities David J. Bilinsky

John D. Whyte 18

Agreements-in-Principle, Reached to Finally End Discrimination Against First Nations Children Frances Rosner

Leveraging this Adaptive Workplace Moment Lori Charvat

Practising Wellness for a Better Practice Randolph W. Robinson

Adam Picotte and Lisa Picotte-Li 12

Governance of Our Profession: It’s Changing Kerry L. Simmons, QC

Raminder K. Hayre 10

At the Intersection of Intention and Impact Clare Jennings

Nothing Official

Occam’s Toothbrush Tony Wilson, QC

Brandon D. Hastings, Committee Chair

From the Community British Columbia Law Institute

BCLI Begins Project to Examine Public Hearings Courthouse Libraries BC

COVID-19’s Legacy of Red Tape CLEBC

Continuing with Online Programming The Law Foundation of BC

Editorial Committee Tonie Beharrell Eryn Jackson Baljinder Girn Isabel Jackson

Lisa Picotte-Li Sean Vanderfluit

Deborah Carfrae, BarTalk Editor Staff Contributors Faith Brown Alyssa Brownsmith

Michaela David Travis Dudfield

Sylvie Kotyk Carolyn Lefebvre

Sanjit Purewal Jo-Anne Stark

BarTalk is produced on the traditional and unceded territories of the Coast Salish peoples, including the Musqueam, Squamish and Tsleil-Waututh Nations. BarTalk is published six times per year by the Canadian Bar Association, BC Branch (“CBABC”) and is available at cbabc.org/bartalk. This publication is intended for information purposes only and is not legal advice.

Lessons Learned from the COVID-19 Pandemic

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FROM THE PRESIDENT CLARE JENNINGS

At the Intersection of Intention and Impact

ike many people, I get regular emails from my mom with links or snippets from interesting tidbits she’s come across on the internet. Luckily for me, my mom is recently retired from a career in international development, so I actually appreciate and enjoy most of what she sends me. At the very least, it usually makes me think. After reading my last BarTalk column, because of course she does, my mom sent me a quote from Jack Himmelstein at the Center for Understanding in Conflict (bit.ly/ bt0222p4-3) “We judge ourselves by our intentions: we judge others by the effects of their actions on us.” It’s a deceptively simple statement but one that, for many of us, invites a profound shift in the way we view ourselves and the way we interact with the world around us. I don’t just mean a shift in the way we approach interpersonal interactions, as I’ve written about in my last two columns, although those are important. I’m also talking about our work as lawyers, and how we interact with each other and our clients. It’s an invitation to all of us to think about our impact on the world, rather than just our intentions or motivations, and whether the way we perceive ourselves and our profession is reflected in the impact we have. I was reminded of this quote again when reading Harry Cayton’s “Report of a Governance Review of the Law Society of British Columbia” (bit.ly/bt0222p4-1), a document that recommends some significant changes to the functioning of the Law Society and regulation of lawyers in British Columbia. It is essential 4 BARTALK / FEBRUARY 2022

reading for every lawyer in this province, and CBABC will continue to work on behalf of members in discussion with the Law Society about the Report’s recommendations. One area that stood out to me, and where my mind connected to the quote above, is when the Report made reference to the public interest. Consider this statement, on p. 20: In discussion with Benchers, observations of meetings and readings of Society policy papers I have struggled to find explicit arguments articulated as to why policies that affect the way lawyers go about their business are necessarily in the public interest. As anyone who pays attention to the working of the Law Society can tell you, their expressed intentions are to act in the public interest. But if we’re inviting the Law Society to shift its focus from judging its actions by the intention behind them, to the impact of them, then these expressed intentions are not where we need to be looking. Consider the Triple Aim Access to Justice Measurement Framework, developed by Access to Justice BC (bit.ly/bt0222p4-2). The Law Society of BC is a signatory to Triple Aim, yet their intentions don’t help us in any way understand the impact of their regulation of lawyers on access to justice on the ground. Do regulations that are intended to protect the public actually result in lawyers having to do so much administrative work

that they have to increase their fees to cover the time? Do regulations that are intended to protect the public result in disincentives for lawyers to engage in solo or small firm practice, or practice in smaller communities? Are regulations modernized to be efficient and effective in the current age, thus not restricting lawyers unduly? Do they promote or inhibit the provision of meaningful client service? COVID-19 has resulted in significant changes to the justice system and the ways in which we have had to shift in providing services to clients. This has spurred the Law Society to consult with members and, at their last Benchers meeting, agree to embark upon a review of their regulations. We need to make sure that the review is focused on the impact on lawyers, the public, and meaningful access to justice. Shifting our focus away from judging ourselves and our work on our intentions, and toward a judgement of our impacts, requires listening, learning, and challenging our self-perceptions. This is no less true for the Law Society and our profession writ large than it is for each one of us individually. I believe it’s the only way to really create meaningful change, and I look forward to those discussions with the Law Society and with you.

Clare Jennings

president@cbabc.org

EXECUTIVE DIRECTOR KERRY L. SIMMONS, QC

Governance of Our Profession: It’s Changing

n early December, the Law Society of BC released the Report of a Governance Review of the Law Society of British Columbia (bit.ly/bt0222p5-1), as prepared by regulator and governance specialist, Harry Cayton of the United Kingdom. Mr. Cayton has reviewed a number of regulatory bodies in British Columbia and throughout the world. Mr. Cayton noted in the Report: “The review finds that the legal framework within which the Law Society operates is not fit for a modern regulatory body and that it hampers the Law Society’s Benchers in fulfilling their responsibilities.” The Report goes on to list 30 recommendations to improve the governance structure. These range from discontinuing the practice of electing benchers on a geographic basis to ceasing interviews with articling students to ensuring every action of the Law Society is explicitly connected to protecting the public interest in the administration of justice. CBABC made recommendations (bit. ly/bt0222p5-2) to Mr. Cayton, many of which were incorporated into the Report. CBABC’s Professional Issues Committee is now undertaking a review of the Report and will engage with members over the coming months to receive their thoughts on the role of the Law Society, CBABC, and the specific recommendations. As President Jennings highlights in her column, this report is required reading for all lawyers. Why does this report matter to the profession? There are several fundamental changes proposed, all of which reflect modern thinking about

governance, but also a new, possibly different, perspective on the relationship between what it means for a profession to be self-governing in the protection of the public interest. This is best captured in Section 5.6 where the Report asserts that the Law Society is there to serve the public. How many lawyers would agree with that succinct statement? Would more lawyers expect a dual, complementary role in a self-governing regulator? The statutory responsibility of “protection of the public interest in the administration of justice by regulating the practice of law” must involve the input of lawyers who are actually practising law. Without it, regulations are ineffective. Regulations must achieve the outcome intended. Front-line information about implementation and impact needs to be collected, not only from the public but also lawyers. Achieving understanding about how proposed and existing regulations affect particular areas of practice is a key part of effective regulation. The Law Society’s operations and processes need to be able to draw in that data. The Report also distinguishes between the role of a regulator and the role of a professional association in order to avoid conflicts of interest and promote clarity of roles and responsibilities. Should the Benchers adopt the Report’s recommendations, a new era of engagement between CBABC and the Law Society can begin.

CBABC members frequently express concern about the complexity of regulation and the impact on their practices, and thus, client service. CBABC’s Professional Issues Committee exists to receive that information and develop CBABC’s position on specific issues related to the regulation. In addition to responding to the Governance Review, the Committee is currently considering the articling model in British Columbia. CBABC’s Board of Directors anticipates an increased role for this Committee of volunteer lawyers, and welcomes the engagement of the membership through email, responses to ThoughtExchanges, and member roundtables. You can give your immediate thoughts through feedback@cbabc.org. The Benchers of the Law Society will determine which of the 30 recommendations of the Report will be adopted, how, and when. As the voice of the profession, CBABC will provide opportunities for the Law Society to connect with our members and will provide your input into those decisions. Stay connected to your county and Section representatives and read News+Jobs for the latest.

Kerry L. Simmons, QC

ksimmons@cbabc.org FEBRUARY 2022 / BARTALK 5

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PETER ROBERTS, QC, PETER LIGHTBODY, AND JOHN LAKES

The COVID Tale of Two Firms

ew law firms, big or small, were prepared for COVID. On March 12, 2020, we said “Oh Dear”; on March 13, we said “Oh No”; and on March 16, “This is a problem.” Illustrating this, here are two reflections of the last 22 months from the small and big firm perspectives illustrating that the pandemic has been an adventure for all. COVID IN A SMALL FIRM

We were fortunate, being located on the second floor of a two-story building with an elevator and private stairwell. Therefore, no worries about crowding during comings and goings. On March 16, 2020, we locked our doors and stopped seeing clients. Staff moved to rotating shifts — one day working at home and the next at the office. We were not set-up for remote work and had to move quickly to buy laptops. Some lawyers came to work daily, some did not. Some staff worked well from home, some less so. April 2020 was a tough month. We took our cues from Dr. Bonnie, with adaptation as necessary. Surrounding workstations with wicker screens, we assumed the appearance of an exotic eatery. Client meetings were held in our underground parking lot, furtive encounters reminiscent of a spy novel. We set up a meeting room in our dusty stairwell, under a bare light bulb, where spiders and more spy novel references made for conversation. It was not all bad — sometimes we met clients in their sunny back yards. Our doors remained locked until June 2020, when we “buzzed in” pre-approved clients. We started to accept conveyancing files again. By September 2020, we reached our “new 6 BARTALK / FEBRUARY 2022

normal” stride. We provided a remote working option for staff and lawyers, but few accepted — our office bubble was an important “non-virtual” hub for our staff and clients. We continue to adapt according to the latest messages from Dr. Bonnie and WorkSafe BC. We are all “Zoomedout,” tired of masks and done with hands that stink of cheap gin. But we are proud to be part of this province’s successful resistance. All our staff are all double vaccinated. We still do not have birthday celebrations in the office, or staff barbeques. We have learned that elbow knocks and fist bumps can be meaningful gestures. This law office has changed but is here to stay. COVID IN A BIG FIRM The impact of the COVID pandemic as a lawyer in a “big firm” has been, well, interesting and a paradigm shift. When it first hit, everything ground to a halt. Other than a select accounting team, IT team, and our deliveries clerks, no one else was allowed in the office. By all accounts, everyone strove to make “working remotely” work, likely in part for fear the alternative was unemployment. We were lucky and everyone stayed employed. Gradually, we got use to the remote work thing. Everyone has been dead run busy since. The courts eventually returned to a form of operation. Scheduled conference calls and virtual meetings (MS Teams, Zoom, Google, etc.) defined the days and became increasingly “normal” as everyone grew more adept at them (though at

different speeds). Virtual discoveries replaced the fun of a trip to the court reporter’s office, and they actually work. There were, of course, hiccups: court hearings distracted by screaming children, barking dogs, or unmuted typing; virtual meetings interrupted by passing family pets or unwitting spouses. My favourite was the cat marching about the shoulders of co-counsel as he conducted a virtual discovery. As the pandemic wore on, our office slowly ramped up the number of people who could return: 25%; 30%, 50%, then to 60% (all double vaxed) but now back to 40% (thanks Omicron). The return was often odd as so few people were around to chat in passing or otherwise. Our reception

was closed to the public so meeting clients in person became difficult. Only two people to an elevator but with so few in the building, this was never a problem. Virtual commissioning of affidavits made things workable but more complicated. But the single best development at our shop is the travelling coffee cart: each morning it is wheeled through the office offering coffee and treats. Yippee, though this has added to the COVID-19 lbs. We are not out of this yet but its impact on the practice of law, big and small, is now easier to see. For the most part, we have all adjusted. Virtual hearings, virtual discoveries, virtual meetings, and affidavit commission are all here to stay. What we will all really miss are the personal interactions that no virtual platform can replace. Peter Roberts, QC from Lawson Lundell. Peter Lightbody from Lakes Whyte LLP. John Lakes from Lakes Whyte LLP.

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SARA FORTE AND JESSICA FORMAN

Together but Apart

Staying connected while working remotely

e have moved from a hug or a handshake when we see a co-worker to checking our audio and video feeds. Instead of hello, it is “can you see me,” or “you are still on mute.” With screens between us, how can we stay feeling connected with our colleagues? Being connected means more than knowing how to use Zoom or MS Teams, although a proper tech set-up and getting comfortable with video technology is foundational. Once you have everyone organized with good internet connections and headsets, and maybe even a ring light, you are ready for the next steps. There is no one-size-fits-all formula for how to stay connected. In sharing some of the strategies we have used, we hope it will help inspire a closer and happier legal profession. CRAFT A CONNECTION PLAN TOGETHER

Earlier this year, we went through a team coaching process with executive coach Monica Murray of Caratt. This process helped us identify what our priorities were as a team to get the most out of our work together. Personal connection quickly emerged as something we all agreed we were doing well but wanted to continue to foster. We talked about what success would look like and made a game plan incorporating everyone’s ideas. This approach made sure we were not wasting time and energy, or even

worse, planning “connection” activities that annoy people. MAKE SPACE FOR FUN

One of the elements of our connection plan was to overhaul our weekly all-firm MS Teams meetings to make space to foster relationships with each other. One way we do this is by starting each meeting with an “ice breaker” question, which gets answered round-robin style. These questions have quickly become the highlight of our meetings. We have learned about each other’s favourite icecream flavours, biggest pet peeves, the make and name of our first cars, our first jobs and where we are most looking forward to traveling. We learned in one of the meetings that everyone in our firm loves to play board games, so we stocked our new office with a games cabinet, and play in person and online games together over lunch twice each month. By adding social connection to the agenda, everyone gets to know each other a bit more, which in turn makes people feel supported during a time when many are feeling adrift. In this billable-hour focused profession, it can seem like a waste of precious time to put “non-productive” items on the agenda, but the wellness payback is a great return on investment.

CHECKING IN AND MAKING CHANGES

Another element of our plan was to check in at each weekly meeting to take a measurement of our connectedness. Using the chat function, we each type in, on a scale of 1-10, how connected we are feeling to the team. 10/10 standard is like we are linking arms and dancing around the office together (and those are rare). The ratings are not discussed at the meeting, but if someone puts in a low rating, other team members make an extra effort to reach out. With the twists and turns of this rollercoaster pandemic, our needs

will change, individually and as a team. In March 2020, working 100%º remotely in a time of chaos, we had daily team meetings. Weekly meetings are what works now. Part of the connection plan is to revisit and adjust. The practice of law can be lonely, especially when working remotely. It is clear now that this pandemic is a marathon, not a sprint, and intentional work to foster relationships within firms is a necessary infrastructure investment.

Sara Forte and Jessica Forman are scrabbleloving labour and employment lawyers and workplace investigators at Forte Workplace Law. FEBRUARY 2022 / BARTALK 7

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RAMINDER K. HAYRE

The Prolonged Effect on Mental Health and Induced Trauma on Vaccine Hesitant Citizens

hile the world has been in turmoil since 2020, it has brought to light the impact on mental health in marginalized communities. There is no doubt that the pandemic has carried with it death, sickness, and the requirement for patience; what has yet to be widely addressed, is how hesitance is an inherited result of centuries of trauma.

marginalized groups faced, and the same situations that the government has refused to take proper accountability for.

Spiritual advocacy and understanding tends to be undermined by systems, but looking at the energetic link between citizens’ experiences and views provides more understanding in how what happened to your grandmother impacts you. Granted that even though many reading this are privileged in some way, it is important to consider how past marginalization continues to perpetuate mistrust in the system through (unconscious) bias.

For example, Indigenous and Black individuals have had vaccine trials done on them in the past, colonization is something that is still going on, genocide took place when governments disagreed with those unlike them, and mental health has not been taken as serious as physical health.

Without touching on the divisiveness too much, it is crucial to comment on the fact that Prime Minister Trudeau has openly taken to the media to scrutinize the vaccine hesitant citizens as “racist,” “extremists,” “antiscience,” “intolerable,” and “the reason for the pandemic.” This is factually untrue. Commentary such as this sparks inherited fear that has been live for generations long. For a country that prides itself on multiculturalism/inclusivity, it recently smells like the exact opposite. The reason that some hesitance exists, is because of the racism that 8 BARTALK / FEBRUARY 2022

This does not entirely have to do with the colour of your skin, it is about what you experienced (are continuing to experience), and how that plays into your decision-making.

A lot of chronic illness, and sickness, starts from the mind and ends up as a physical symptom. Though this is not absolute, the impact of traumatic events on the people of the world is basically ignored. What this does is create more trauma, name-calling, and mistrust in the system or officials that were appointed to represent the entire community. As lawyers, we are taught to look at, “the cause and effect” of situations. This was not done to the degree that it should have been, i.e., suicide rates and fentanyl overdoses are at an alltime high. Rather than looking at the root of the problem and building up trust in the system, these same

marginalized individuals (like small business owners or workers [who are immigrants]), are told that, “they do not have a right to work unless they comply,” “vaccines are incentives to live a normal life,” or “you do not have a right to justice.” The goal is to show how reading it from a different lens completely shifts the objective view of those that have either not faced similar trauma, or they are currently in a place or professional privilege to not have to consider it. As advocates, and lawyers, our goals should include understanding the public at large. Not only is this a public endeavour, but it is also a systemic one too. Organizations, institutions, workplaces, and opportunities have been built upon a narrow understanding which has only been fixed by the bandage of performative activism. To be equitable and inclusive, means understanding experiences, or being educated on them, to the degree that questioning hesitance is not automatically related to being “a bad person.” Percentages of the same population that is hesitant, or wants a choice, have been misunderstood and subjectified for hundreds of years. The vast goal among those in positions of change, should include adequately addressing how all the above leads to high levels of anxiety and depression. Denying these individuals equitable access to the judicial system without this consideration, only proves that narrative that they do not belong. Raminder K. Hayre, RKH Litigation (lawyer + founder). instagram.com/rkh, LinkedIn: linkedin.com/in/hraminder

advocacyinaction One year ago, CBABC released Agenda for Justice 2021 (bit.ly/bt0222p9-1). In highlighting the need for meaningful change for Indigenous peoples, CBABC acknowledged that Indigenous communities deserve a unique and collaborative approach to justice that addresses the issues most prevalent within that population. CBABC members on the Indigenous Justice Advocacy Committee (IJAC) further developed our recommendations throughout 2021. CBABC issued a comprehensive submission (bit.ly/bt0222p9-2) on November 29, 2021, which calls on the government to take action on the following initiatives:

DRIPA Move forward with implementing the Declaration on the Rights of Indigenous Peoples Act (“DRIPA”), provide a roadmap to Indigenous groups on the steps to be taken in the process, and provide meaningful, ongoing opportunities for consultation and cooperation with Indigenous peoples. Without such a roadmap, DRIPA will not be effective.

BC FIRST NATIONS JUSTICE STRATEGY Provide adequate funding to ensure that the objectives of the First Nations Justice Strategy are met, with transparency on the sources of that funding. CBABC will closely monitor the 2022 provincial budget for this funding.

RESTORATIVE JUSTICE Work with Indigenous groups and other stakeholders in the criminal justice system to build upon the existing restorative justice framework, in turn creating new and better programs that will meet the needs of Indigenous peoples and are accessible for Indigenous communities across the province. CBABC created the Restorative Justice Working Group to report on the effectiveness of public awareness campaigns led by those offering restorative justice programs.

EMAIL: ADVOCACY@CBABC.ORG

RURAL ACCESS TO LAWYERS & TECHNOLOGY Provide high-speed internet and computers to rural communities in the province to improve access to justice, as well as encourage lawyers to practice in rural communities by implementing a student loan forgiveness program. The Access to Justice Committee is also launching a project to collect unused computers to be recycled and delivered to rural areas to improve access to the justice system.

LEGAL AID AND INDIGENOUS PEOPLES Increase funding to legal aid to ensure that Indigenous peoples in BC have access to the services they need.

TRANSFORMATION OF THE CHILD PROTECTION SYSTEM Completely overhaul the child protection system and the Child, Family and Community Service Act, and make dealing with the overrepresentation of Indigenous children a top priority. This recommendation aligns with a previous submission (bit.ly/ bt0222p9-3) from CBABC on reforming the child protection system, released in 2021 by the Family Law Working Group.

CULTURAL COMPETENCY TRAINING Ensure all actors in the justice system receive mandatory cultural competency training, and that the details of such training be readily available to the public to ensure greater transparency.

DATA COLLECTION & ACCOUNTABILITY Collect and report back on pertinent data to identify gaps in the justice system, in a manner that is culturally sensitive. This recommendation aligns with previous recommendations made in the CBABC submission (bit.ly/bt0222p9-4) to the Special Committee charged with reforming the Police Act in 2021. In all, there were 27 detailed recommendations that were identified as appropriate measures to ensure meaningful change in the justice system. However, these steps represent just the beginning of what is needed to transform the relationship between the province and Indigenous peoples, and this work will need to continue into the future.

uuu Want to get involved? Reach out to us at advocacy@cbabc.org.

FEBRUARY 2022 / BARTALK 9

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ADAM PICOTTE AND LISA PICOTTE-LI

Business Continuity in the Time of Illness

What you need to do as a sole or small firm practitioner

n March 20, 2021, I (Adam) experienced massive bleeding in a critical part of my brain — the hypothalamic region, which controls key functions like body temperature, hunger, and sleep cycles. Although I was generally healthy, I became incapacitated and lost my abilities for many basic life activities. For a long time, it was not clear that I would live, let alone practice law. As a sole practitioner, if I had not planned for such an unforeseen event, my practice and my clients would have been gravely impacted. As it so happened, I was in the habit of contingency planning — and regularly sharing my plans with others. These conversations grew my network of confidantes, created a safety net of knowledge, and enabled my eventual recovery. What follows is a list of tips to prevent critical illnesses from becoming life-shattering. HAVE A POWER OF ATTORNEY

When things are going well and you are not giving a second thought to your mortality, plan for your incapacity and death. Having a power of attorney, or other instrument, to designate who might act for you, is vitally important. It enables a trusted person to access your accounts, make decisions on your behalf, and manage your affairs. It may 10 BARTALK / FEBRUARY 2022

seem trivial before becoming sick, but a person who is helping you must have authorization to access critical information. Otherwise, things as simple as rent and payroll may become disrupted. Having a lawyer as a power of attorney or designate is helpful, even if they practice in a different area. A lawyer can more seamlessly step into another lawyer’s role as issues like privilege, conflicts, and law firm administration are simpler to navigate. With guidance from the Law Society of British Columbia, a capable lawyer can effectively manage the transitions and support needed for client and business continuity. DISCUSS THE IMPORTANT STUFF

Once the decision has been made about who will act for you and the paperwork designating them is complete, make it a priority to talk to this person about the important stuff. This is not about what big files are going on or where things are at with a particular file. Those sorts of things will work themselves out. But talk about login information, file locations, key contacts, and

backup access. Describe your hopes and dreams, the direction that the firm is headed, and try out scenarios for making tough decisions. Make sure this person understands the glue that holds the law firm together, the tools and processes that make it function, and what it means to step in to act for you. LET OTHERS KNOW Some areas of practice are highly specialized. A power of attorney may not be the right person to administer a firm and may also need additional expertise for specific practice areas. Take the time to get to know and share with others. Whether it is a mentorship opportunity or a competitor, most people value connection and are supportive and helpful. Bring others along on your contingency planning. Figure out who might be a good fit for your clients and communicate in advance with them on whether they would be open and willing to take on work in the event of an emergency. Get to know your colleagues, stay in touch with the Law Society, and invest in relationships. The personal challenges of critical illness are hard enough, being prepared for business disruption and having a supportive network helps to alleviate at least some concerns. Adam Picotte survived a massive brain bleed, continues to practice disability management through LT Thomas Advisors, and serves as legal counsel at the HSABC. Lisa Picotte-Li is the director of operations at a provincial safety regulator and adjudicates the correction and discipline of federal inmates.

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BlocPal is a digital transaction solutions provider, delivering a suite of financial services via enterprise applications all over the world. Growth has been strong, and through strategic M&A opportunities, the Executive team have positioned the company for another high growth year in 2022. With plans to list publicly, there is a desire to bring an Executive General Counsel into the team to: • act as a strategic business partner, working closely with the Executive to help the company achieve its operational and strategic goals • grow and lead a legal team of experts • run the day to day legal function, advising across all areas of the business This is a fantastic opportunity to get into a private company at the right time, and be part of incredible growth. For more details please visit bit.ly/EdgeFebBT. If you would like to find out more, please contact our trusted advisor, Lindsey Petherick of Edge Legal Recruitment at 778 996 2817 or by email to Lindsey@edgerecruitment.ca

General Counsel + Corporate Secretary Our client, Nexii, has developed an innovative whole building solution that enables the rapid assembly of high-quality, environmentally sustainable buildings. Edge Legal Recruitment has been engaged to lead the search for a General Counsel and Corporate Secretary. You’ll need 18+ years of corporate/commercial law experience, gained at a major law firm and in-house. Reporting to the Global CFO, you will be responsible for the delivery of commercially minded, expert legal advice and guidance, to assist and support Nexii in the achievement of its strategic and operational goals. You’ll lead, manage and grow the in-house legal services function for Nexii. This is a highprofile, exciting in-house position that offers a real seat at the table of a fast-growth company as they scale. This is an exclusive search with Edge Legal Recruitment. Please reach out to our trusted advisor, Lindsey Petherick, Lindsey@edgerecruitment.ca or 778 996 2817 FEBRUARY 2022 / BARTALK 11

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C. NICOLE MANGAN

When Does a COVID Layoff Become a Termination?

“

Layoff” is a commonly misunderstood term. A layoff occurs when an employee’s work is reduced by 50% or more of their previous hours but the employer expects to recall that employee in the future. Prior to the COVID-19 pandemic, this procedure was often used only in seasonal or other cyclical industries, however, as the business community faced the impacts of COVID-19 and the provincial government broadened the applicable rules, it became more widely used. Now, as businesses have reopened only to face closures again, a refresher on the current rules is key. A layoff can become a termination in one of two situations. First, if an employer does not recall the employee within the time required under the Employment Standards Act, R.S.B.C. 1996 c. 113 (the “Act”), then they are required to pay the employee their termination pay in accordance with the Act. Prior to COVID-19, a layoff could not exceed 13 weeks in any 20-week period. Earlier in the pandemic, this period was extended (more than once) to ultimately permit up to 24 weeks of layoff in a 28-week period or a layoff until August 30, 2020, whichever was earlier. Employers who wished to extend a layoff beyond August 30, 2020, were required to apply for individual variances. The permitted layoff period has now returned 12 BARTALK / FEBRUARY 2022

to the 13 weeks in a 20-week period requirement despite ongoing business closures. Second, unless the layoff occurs in an industry where this tool is normally used, then the employee must agree to the layoff, either as a term of their employment contract or with the employer at the time the need for the layoff arises. Without either an agreement or an industry standard, the layoff may be invalid and become a termination. CAN AN EMPLOYER REQUIRE YOU TO BE VACCINATED? AND, IS TERMINATION BECAUSE YOU ARE NOT VACCINATED A WRONGFUL DISMISSAL?

No one can force a person to be vaccinated but a person’s decision may have consequences. All employers, under WorksafeBC requirements, are obligated to keep their workplaces safe. As the pandemic took hold, every employer was required to prepare and post a COVID-19 safety plan. Requiring all employees, or all employees who do not work from home, to be vaccinated is one tool some employers are using to help meet their obligation to keep workplaces safe. We do not have the benefit of case law on vaccination policies decided in a pandemic context.

Employers imposing vaccine requirements in union environments, prior to the pandemic, generally had to justify the policy by showing: it wasn’t arbitrary, punitive, or stigmatizing; it was proportional; and, it didn’t violate the Human Rights Code, R.S.B.C. 1996 c. 210 (the “Code”). We do not yet know whether similar criteria would be applied in the context of COVID-19 and non-unionized workplaces. Except where the government has introduced a requirement that a certain employer or field of work is required to be vaccinated, an employee cannot be terminated for “cause” based on a decision to not receive the COVID-19 vaccine. Employers can, however, terminate employees “without cause” at any time. This rule has always been subject to the obligation to comply with human rights obligations. The BC Human Rights Tribunal has been clear — it does not deal with COVID-19 or vaccine complaints unless they relate to: a person with a disability (and the disability is connected to the complaint); a religious practice; or, a genuinely held religious belief. Personal views are not protected by the Code. While requirements under the Code would continue to apply, many employers are now considering policies where all new employees must be vaccinated as a condition of any offer of employment. C. Nicole Mangan — RBS Employment, Insurance, Real Estate, and litigation lawyer.

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LORI CHARVAT

Leveraging this Adaptive Workplace Moment

early two years into this pandemic, COVID has stretched our patience, tested our resilience, demanded our creativity, and dared us to be kind. Boundaries between home and work have blurred. Our responsibilities at home (young kids, aging parents, puppies) have blended and compounded with our responsibilities at work. We don’t get a break and we feel overwhelmed. The overwhelm seems endemic. In addition to this general sense of overwhelm, specific challenges in the workplace are trending: whether and how often people work from home, how to create and maintain connection with teammates in various locations, and how to measure productivity without surveillance (otherwise known as “how can I trust you to be at work while wearing your pajamas at home?”) We are asked to solve these challenges in our own workplaces and assist clients in finding solutions in theirs. While there is no single recipe to address these challenges, there are some strategies that organizations can take to tap into and reinvest in the organization’s social capital — interpersonal networks, reciprocity, mutual support, and trustworthiness. Workplaces must find creative and adaptive ways to reinvest in its social capital rather than deplete it, especially right now. So how do we reinvest in our social capital during these uncertain and unpredictable days? How do

we support people to bring their best selves to work — despite the chaos of COVID? We can focus our attention on two strategies: 1) motivate individuals to actively engage in their work teams, and 2) create structures and practices that support contribution and connection. We invite people in and make it easy for them to say “yes.” Motivation can be triggered externally with goals and rewards, and internally through igniting a sense of purpose, mastery, and autonomy. Ideally, we want to both inspire and reward the behaviours necessary to create the culture we envision to maintain a healthy balance of our social capital. Finding these motivational levers requires us to be curious about people’s purpose, skills, and abilities. A cookie-cutter

Workplaces must find creative and adaptive ways to reinvest in its social capital rather than deplete it. approach cannot be applied. Amy Edmondson, Professor at Harvard Business School, popularized the term “teaming” in her 2012 book of the same name.1 Edmondson posits that through curiosity, passion, and empathy, a culture of teaming can emerge. Within a teaming culture

we can leverage individual motivation in a collective fashion. What structures (e.g., polices, hierarchies) and practices (e.g., routines, habits) can we put in place to encourage meaningful contribution and connection now? Consider the practices of meetings, exchanging information, measuring performance, and making decisions. How might these practices be updated to meet the current needs of our workplaces? Meetings: we love to hate them. Yet, meetings can serve an essential role in connecting people to their work and each other. Good meeting practice is to keep them short, frequent, and relevant to a specific objective. A 10-minute daily “huddle” can be a great way to connect and focus. If the meeting objective is to discuss progress on a project, then bring the timeline and the metrics to review the progress. Celebrate the wins; craft a plan to mitigate any risks. An action-oriented project meeting can be completed in 30 minutes, and having a clear sense of progress is motivating. This is an adaptive workplace moment, a test of our resilience. And these are fertile times for iterative learning and growth. Whether organizations, including law firms, thrive as we ride the waves of this pandemic will depend on how effective we are at motivating the people around us to play an active role in this journey. Edmondson, Amy. Teaming: How Organizations Learn, Innovate, and Compete in the Knowledge Economy. (San Francisco, CA: Jossey-Bass, 2013). 1

Lori (J.D., LL.M) is the Principal of Sandbox Consulting (sandboxcoach.com), offering mediation, organizational consulting, and leadership coaching. FEBRUARY 2022 / BARTALK 13

Indigenousmatters RANDOLPH W. ROBINSON

Practising Wellness for a Better Practice “Keep your face always toward the sunshine — and shadows will fall behind you.” — Walt Whitman

t was March 2020 as the world headed into a global pandemic; court rooms were closed; I was sent to work from home. I found myself home without the distractions of changing court room times, commuting, and interruptions expected in a normal working day. Like many people I’ve talked to, I found myself reflecting on not only how my work environment had suddenly changed but how other aspects of my life had changed over time. I took stalk of my days and realized a big part of my physical well-being had become less of a priority over the past five years as I navigated new roles in my career as a lawyer, being on several committees and boards. My days of morning commutes, drive throughs, rush eating between trials, and travel to board meetings had come to a halt. This became an opportunity to think back to what it was like when my mental and physical health were more balanced. What did it look like before I prioritized one over the other? Though working as a lawyer is mentally stimulating and being mentally stimulated can positively impact health, the profession itself can lead one to at times prioritize work instead of balancing physical and mental well-being. Like training for a marathon to be successful, a balanced holistic approach is required for long-term well-being and success. The First Nations Mental Wellness Continuum Framework envisions 14 BARTALK / FEBRUARY 2022

health holistically, approaching individual health as interrelated to broad systemic factors. While the framework focuses on systemic factors that impact Indigenous peoples health, the same principle can be applied considering the health of lawyers in the context of health in the profession and a culture that promotes prioritizing work over health. There was a time where I was more balanced in my life. I was once part of Spirit Runners, a family and friend weekly running group where we entered marathons and spent many weekends cooking and eating meals together, planning teams, and travel. I also thought about my traditional knowledge base around wellness. I began to see how I could work toward a more balanced lifestyle. During COVID, grocery shopping meant having to take the time to plan meals so that I could limit my time in the store. In turn, my plans became more focused on making quality whole foods. As a result of changing my nutrition, I improved my mental clarity, which made work more enjoyable and rewarding despite zoom fatigue and missing my day to day. COVID lockdown contributed to many of the lifestyle changes I set out to make — the goal of returning to running a full marathon. I initially set a goal for 30-minute walks on the track but, I could only do an 8-minute walk. As the weather got colder and

stay at home orders increased, I purchased a recumbent bicycle so I could exercise at home. After a few months my time increased to 60 minutes, with half hour walks, then incorporating Pilates and High Intensity Interval Training. My running increased from 3 km to 5 km runs. I found new locations to challenge myself and increase distance and pace. I gained increased energy and connection to the land. In October 2021, I ran the Victoria half marathon. My time was 1:34 placing me within a local competitive category. Running also provided a means of community whereby I started to run with other lawyers, setting common goals for team running. Now the plan is to qualify for the Boston Marathon 2024. Being a lawyer is like running a marathon, both require hard work, long days, and many challenges to meet the physical and mental demands presented. By creating balance, I enjoy a greater appreciation for the ancillary parts of my profession such as giving back to community through board work and committees. A bonus is, as lawyers create space in the legal system for balancing mental health, the greater possibility exists for systemic change across all areas of law. Randolph W. Robinson is an Algonquin lawyer from the Timiskaming First Nation. He is currently appointed the Chair of the Canadian Bar Association’s Aboriginal Lawyer’s Forum.

FRANCES ROSNER

Agreements-in-Principle, Reached to Finally End Discrimination Against First Nations Children On January 4, 2022, following a 14-year legal battle to end Canada’s discrimination against First Nation’s children on reserve and in the Yukon, the Canadian government has reached Agreements-in-Principle with First Nations groups to compensate generations of victims harmed by discriminatory underfunding policies and to achieve long-term reform to First Nations Child and Family Services programs and to properly implement the Jordan’s Principle.1 The initial human rights complaint was filed in 2007 by the First Nations Child and Family Caring Society (“Caring Society”) and the Assembly of First Nations (“AFN”) alleging that Canada discriminates against First Nations children by underfunding child welfare services on reserve.2 In the landmark decision on January 26, 2016, the Canadian Human Rights Tribunal (“CHRT”) agreed that First Nations children and their families suffered irreparably by receiving less funding to keep children safe in their families and by Canada’s failure to implement Jordan’s Principle that would have provided services when they were needed.3 Since then, the CHRT has issued several orders against Canada to seize its discriminatory conduct, including non-compliance orders, but the discrimination continues to the present day spurring further class-action lawsuits against

the Canadian government. Canada has spent more than 8.3 million in legal costs unsuccessfully fighting the complaint and CHRT orders. The most recent appeal was filed on November 29, 2021 against the unprecedented compensation order requiring Canada to pay the maximum award of $40,000 to children and their families harmed by the discrimination and to adequately fund child and family services on reserve, including through the creation of infrastructure to support operations on reserve.

Canada’s narrow definition of Jordan’s Principle between December 12, 2007 and November 2, 2017 and for children who did not receive or experienced delays in receiving an essential service or product between April 1, 1991 and December 11, 2007. The AIP further includes $20 billion, over the next five years, for longterm reform to the First Nations Child and Family Services program, which includes funding to support First Nations adults aging out of the child welfare system and prevention services to help keep children and families together, including funding for on-reserve housing.

However, immediately after the appeal was filed, Canada earmarked $40 billion to settle the dispute and the litigation was paused for the government to negotiate an agreement with the Caring Society, AFN, Chiefs of Ontario, the Nishnawbe Aski Nation, and counsel for the Moushoom and Trout class actions to settle the CHRT orders and related class action lawsuits. On January 4th, the parties reached Agreementsin-Principle (“AIP”) that will form the basis for negotiations over this next year to determine how the compensation will be paid to victims and how the child welfare system will be reformed. The AIP includes $20 billion in compensation for First Nations children on reserve and in the Yukon who were removed from their homes between April 1, 1991 and March 21, 2022, and for their parents and caregivers. Compensation will also be paid to victims who were adversely impacted by

In reaching the AIP, Canada acknowledged the efforts of the First Nations peoples who have advocated so fiercely for their children to end discrimination, including Residential School Survivors, Sixties Scoop Survivors, and the multi-generational victims of the harmful policies. Canada further acknowledged that no amount of money can reverse the suffering experienced by the victims through the disconnection of children from their culture, families and communities. In doing so, Canada has finally agreed to work toward ending this discrimination and move forward down a path of reconciliation.

bit.ly/bt0222p15-1 bit.ly/bt0222p15-2 3 2016 CHRT 2 1

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

FEBRUARY 2022 / BARTALK 15

Have a seat.

Leave it to us to ﬁnd your next opportunity.

Mike Race | Client Partner mrace@zsa.ca (604) 283-9316

Amrit Rai | Recruitment Partner arai@zsa.ca (604) 283-9317

zsa.ca

CBABC PROVINCIAL COUNCIL ELECTIONS 2022 Inﬂuence the profession and the direction of CBABC in a leadership role. Put your name forward to serve as a County or Section Representative. Nominations open: March 13 Nominations close: April 12 Learn more at cbabc.org/elections.

16 BARTALK / FEBRUARY 2022

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JOHN D. WHYTE

Law Office Design in the Age of COVID

n the future, we were told, there will be no law offices. Instead, lawyers and staff will work happily from their own basements and spare bedrooms. Technology will make this possible; the pandemic will make it necessary; economics will make it desirable. Having signed a multi-year commitment to lease new office space, then under construction, just months before the pandemic began, such sentiments were not music to our ears. Were we now stuck with yesterday’s office, which we could not fill? Would we endanger our people if we tried to fill it? Should we give up, abandon our commitment to our new landlord and instruct our contractors to down tools? Or could we work with the space to which we had just committed ourselves, to make it safer and more comfortable for our people? What to do?

GIVE STAFF MORE ROOM Before the pandemic, we had already decided that our staff members’ “right to light” outweighed the tradition of placing lawyers’ offices against the windows, and so we designated a large contiguous staff zone next to the south windows. It was easy to reconfigure the desks going into that space to ensure that each seat was at least six feet away from each other seat. GIVE LAWYERS LESS ROOM

Fortunately, the confines of our new physical space were not yet set in stone. There was still a chance to remake our plans for an office in the age of COVID.

The days of corner offices the size of small apartments, the better to awe those clients fortunate or important enough to be permitted entry into the great professional’s inner sanctum, are behind us. COVID provided another reason to reserve individual lawyer’s offices for workspace, and to move all client meetings into larger and better-ventilated boardrooms. This also reduced the collective footprint of the lawyers’ offices, freeing it up for more productive use.

And so we set to work.

GIVE EVERYONE MORE AIR

We started with a number of big advantages. Our space was not built out, and so the plans could be tweaked. We had a first-rate office designer on board. And we had sliding glass doors, which opened to the outside.

Our designer strategically repositioned large air vents more or less over each desk (or perhaps it was the desks that she repositioned under the air vents) and in all the boardrooms, to ensure the supply of fresh air. We were also fortunate to have committed to office space with large exterior glass sliding doors that, when open, allow a great deal of natural ventilation. We removed all the impediments to opening these doors from our design.

With technical help from our designer and the engineers she brought onto our project, we made a few changes to our plans:

BLOCK THE FLOW OF AIR We reworked the design of our new reception desk to add a large glass partition between our receptionist and the client reception area. Each other staff desk has a similar partition. The net result of these design tweaks was not a COVID-proof office: there is no such thing. However, if thoughtful design can make an office more resistant to transmission of the virus, then lawyers, staff, and clients are all more likely to feel comfortable in that office, and to be a great deal more enthusiastic in entering it rather than remaining in their basements and spare bedrooms. This turned out to be our experience. We kept our commitment to our landlord, and occupied and filled our new space, more or less on schedule. We are not marooned in our respective basements and spare bedrooms, but instead have a reasonably safe workspace in which we can interact directly with our colleagues. We remain there, operating at full capacity, to this day. We are not engineers or interior designers, and this article is not a treatise on how to design a modern office. It is instead one story of how thoughtful workspace design made a difference in the operation of a modern law firm. As one of America’s greatest 20th century philosophers1 told us, “the future ain’t what it used to be.”

Yogi Berra, of course, though the line did not originate with him. 1

John D. Whyte — Lakes, Whyte LLP. FEBRUARY 2022 / BARTALK 17

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MIKE HAMATA AND KATELIN DUECK

Labour Law in the Time of Cholera “I could really go for some precedented times.” — social media meme (or so Katelin tells me — Mike).

020 was full of surprises, and 2021 continued to bring new challenges for the profession. Our corner of toil in the legal vineyards was not immune. For labour and employment lawyers, 2021 at times felt like a treadmill of legislative change, workplace vaccination policies (do not call it a mandate unless employers are forcibly injecting employees…), and helping employers plan to keep their workplaces safe. Vaccination against COVID-19 became available to most adults in BC by the spring of 2021. As a result, many employers implemented workplace vaccination policies. Enforcement of these vaccination policies has and continues to create litigation risk that in a legislative vacuum, employers are unfortunately left to shoulder. Human resources professionals have been bogged down by novel (sometimes spurious) accommodation requests and the unfortunate departure of some non-complying workers has created an extra burden on the remaining workforce. The postponement of hearings in the spring of 2020 has meant that the Human Rights Tribunal is working through a massive backlog of complaints and applications, including a plethora of anti-masking complaints (one assumes that anti-vaccination complaints have found their way to the Tribunal in a similar volume). Many pre-pandemic applications are 18 BARTALK / FEBRUARY 2022

still waiting to be adjudicated. In an unprecedented (sorry) response, the Tribunal has, on a temporary basis, announced it will not accept any new applications to dismiss in most circumstances. This announcement was a blow to those lawyers practising in the area who rely on applications to dismiss as a cost-effective and efficient way to deal with unmeritorious human rights complaints. What that step ultimately does to the backlog of files at the Tribunal will continue to be news throughout 2022. Most labour arbitrations have successfully transitioned to video proceedings, which is a feature we hope sticks around for good. The labour bar has proven to ourselves that we can do it, so why stop? Arbitrations often lend themselves to video hearings, and the cost savings with respect to travel to remote union towns around the province have improved access to justice for unions and employers alike. However, like most other practice areas, shifting social, political, legal, and medical sands have made it feel like we are all still off-roading with respect to many substantive legal issues. In addition to all the regular challenges of practice, we (like all others in BC) continue to work through the challenges of isolation of work from home, the screen fatigue of video conferencing, and the stress of trying to stay healthy and happy during a pandemic.

In law school and during pre-COVID practice we learned to find and rely on precedents. We are surely not alone in longing for “precedented” times after two years filled with much uncertainty. However, in all of the unknown, there is something of which we are sure. We got through 2020 and 2021. We will get through 2022. Looking ahead, we believe there is reason for optimism. This profession is adaptable. We have experienced great support and camaraderie within our provincial cohort of employment and labour lawyers. There is more economic stability

than in mid-2020. Our clients have identified creative solutions to many of their pandemic problems. Delays at the Tribunal and courts have incentivized productive mediations. The challenges and changes we have experienced in 2021 will provide the foundation we need to persevere and thrive in 2022. Wishing you all the best in the year ahead.

While every effort has been made to ensure accuracy in this article, you are urged to seek specific advice on matters of concern and not to rely solely on what is contained herein. The article is for general information purposes only and does not constitute legal advice. Mike Hamata is a partner and Katelin Dueck is an associate at the employment and labour law firm of Roper Greyell LLP in Vancouver.

professionaldevelopment \

CBABC.ORG/EVENTS

Your Roadmap to CBABC Conferences CBABC conferences allow you to network with colleagues, while satisfying the bulk of your required CPD credits. Whether virtual or in-person, we’ll help you stay current with changes in the law, build your skills as a lawyer, and better manage your practice. Visit our website for details: bit.ly/CBABC_Conferences IMMIGRATION LAW CONFERENCE

FAMILY LAW CONFERENCE

Feb 14 | Virtual

Mar 3-4 | Virtual

IMMIGRATION: RECONNECTING & REIMAGINING Hear from industry experts on best practices along with challenges of this complex area of law. Topics range from hot topics in litigation to a citizenship primer to a review of Economic Class permanent residence routes.

FAMILY LAW PRACTICES FOR MODERN TIMES Two days of topics spanning from the venerable year in review, containing conflicts, excluded property, Provincial Court Rules, income assessments, and ethical considerations.

NORTHERN BC LAW TALKS

WILLS & ESTATES CONFERENCE

May 13 | In-Person

June 10-12 | In-Person

In-person: Provincial Court of BC, Prince George

In-person: Hotel Eldorado, Kelowna, BC

LAWYERING SKILLS IN THE NORTH With a focus Practice Management and Mental Health Awareness, this program features separate talks for barristers and solicitors in the morning, before reconvening for joint sessions in the afternoon.

ADVANCED LEVEL ESTATE LAW A three-day program designed for experienced practitioners, with topics covering estate law concerns such as wills drafting issues, predator protection, various trusts, and tax issues.

All in-person events will follow current COVID safety measures and are subject to change.

Coming Spring 2022

BUSINESS OF LAW SERIES Today’s legal services market requires lawyers and law firms to rethink how they advertise services, recruit talent, network with their peers, and generate new business. During our spring Business of Law Series, you will learn how to:

• Ethically engage with social media tools to build your practice • Define and achieve your law firm marketing goals •

Explore innovative business models for your solo or small firm

This series is recommended for solo, small and medium-sized firm lawyers from all practice areas. Visit our website for more details: bit.ly/BizLawSeries

FEBRUARY 2022 / BARTALK 19

Welcome

Ali Al-Samak ASSOCIATE

Ali works with the Litigation/Arbitration/Dispute Resolution Practice Group. He assists senior counsel and advises clients on a wide variety of commercial litigation matters, including employment and corporate/commercial litigation, shareholder and partnership disputes, franchising disputes, and commercial leasing disputes. Ali was called to the B.C. Bar in 2021.

604.891.3688 | www.kkbl.com

1900-885 Georgia Street West, Vancouver, B.C. V6C 3H4 Koffman Kalef LLP is a British Columbia Limited Liability Partnership of Law Corporations

Your perks are just a click away. Start saving today! for

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BRITISH COLUMBIA

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ALE HENAO AND CHRIS DRINOVZ

Vaccine Passports

Policy and legal considerations

n 2021, as the Delta variant fueled the “fourth wave” in Canada, provincial governments required residents to provide proof of vaccination (dubbed “vaccine passports”) to access certain non-essential events and businesses. In BC, the passport system came into effect through two orders (the “Orders”) issued by Provincial Health Officer, Dr. Bonnie Henry, under the BC Public Health Act (“PHA”). The Orders were effective until at least January 31, 2022. The hope was that these vaccine passports would increase vaccination rates and help reduce transmission in public places. To validate proof of vaccination, BC created the BC Vaccine Card with a QR code in digital and paper format. Businesses covered by the Orders must scan the card with a Verifier App to allow patrons to enter. The App only displays a name and vaccination status (partial or full), though the QR code contains more personal information. Vaccine passports vary significantly among provinces. In BC, any business falling within the scope of the Orders must require a valid passport. In Alberta, businesses were given the option to require proof of vaccination, a negative test, or a medical exemption letter. Surprisingly, BC did not build any medical or religious exemptions into the Orders. However, the Orders allow a rather cumbersome reconsideration process based on limited grounds. Vaccine passports create many legal issues, some of which are already

brewing in our courthouses and tribunals. The primary arguments against passports have been human rights complaints under the BC Human Rights Code and constitutional challenges under the Charter of Rights and Freedoms. In Complainant v Dr. Bonnie Henry, 2021 BCHRT 119 (bit.ly/ bt0222p21-1), the Complainant had asthma and alleged the vaccine passports were discriminatory by restricting access to services based on his disability. The BC Human Rights Tribunal dismissed the case, finding no connection between the disability and not being fully vaccinated. In a second screening decision, Complainant obo Class of Persons v John Horgan, 2021 BCHRT 120 (bit.ly/ bt0222p21-1), the Tribunal dismissed a complaint based on general political opposition to the passports, holding that “protection from discrimination based on political belief does not exempt a person from following provincial health orders or rules.” The constitutional challenges are more robust. In two Petitions filed with the BC Supreme Court (File Nos. 218732 and 213582) two disabled individuals advised not to vaccinate argue the Orders unjustifiably infringe upon their Charter freedoms to gather and engage in public life, the right to mobilize, right to life, liberty, and security of the person. In December 2021, the Canadian Constitution Foundation (“CCF”) filed a challenge (BCSC No.

2111137) arguing that the Orders are unconstitutional by failing to provide accessible medical exemptions for persons who cannot be vaccinated for medical reasons. Both challenges remain in the preliminary stages and the BC government has yet to respond. Hearings will likely occur later in 2022. If vaccine passports do infringe on Charter rights, the Court must determine if such infringement is justified under section 1. This requires a complex analysis of whether the public health objectives of antiCOVID measures (saving lives, preventing illness, and protecting the health-care system) minimally impair

the rights in question and outweigh the harms flowing from vaccine passports. We expect the government will argue that any intrusion is minimal, as the duration and scope of the passports is based on epidemiological evidence and non-vaccinated individuals can still access essential services such as grocery stores. Regardless of whether these challenges succeed, they have affirmed the importance of Charter rights and freedoms in times of global crisis and provoked an important debate about the balance between individual freedoms and government powers. Ale is an employment & WCB lawyer at KSW Lawyers. Chris is a partner leading the Employment group, KSW Lawyers. FEBRUARY 2022 / BARTALK 21

sectiontalk Winter 2021 Section Meetings As we progress into the year, CBABC Sections continue to host a growing number of meetings, holding 66 in November and December 2021 alone! Most sessions are still held virtually, and recordings are largely available. Here are some highlights of the great work many Sections have been doing.

SPECIAL COMMITTEE INCLUDES CBABC RECOMMENDATIONS IN FINAL PIPA REPORT

The BC Legislative Assembly’s Special Committee to Review the Personal Information Protection Act released their final report, Modernizing British Columbia’s Private Sector Privacy Law, to government on December 6, 2021. This final report included many recommendations made by CBABC in the August 2020 submission to the Special Committee. We thank and congratulate the volunteers from the Freedom of Information & Privacy Law Section for their hard work preparing this submission. Learn more: bit.ly/bt0222p22-1

FINDING FULFILLMENT IN THE LAW AND YOUR PROFESSION — bit.ly/bt0222p22-2

The Women Lawyers Forum hosted Ellen Gavin, legal recruiter at Impact Recruitment, Sara Forte, founder of Forte Law, and Alice Davidson, Chief Legal Officer at Mogo Inc., who explored topics such as:

What female lawyers are looking for these days beyond compensation and how they are negotiating in order to get it.

Unique career trajectories, including founding your own firm and moving in-house; career alternatives for lawyers who want to make a change.

The role and influence of women lawyers in senior positions.

Important and useful resources for lawyers looking to make a career transition.

The session was moderated by Bena Stock, former Lawyer, now Counselor and Workplace Wellness Consultant.

22 BARTALK / FEBRUARY 2022

BC VACCINE CARD: RIGHTS AND WRONGS — bit.ly/bt0222p22-3

The COVID-19 pandemic has led to unprecedented limitations on the personal liberties of Canadians, but the impact of those limitations is not evenly felt across the population. The recently introduced BC Vaccine Card promises to protect public health but also raises serious concerns around privacy, state surveillance and the impact of identification requirements on marginalized groups such as transgendered persons and people living without homes. Constitutional Law & Civil Liberties hosted Mark Gervin, Adrienne Smith, and Laura Track as they explored the constitutional and human rights implications of this measure.

VIRTUAL MEDIATION — REFLECTIONS AND MOVING FORWARD — bit.ly/bt0222p22-4

ADR — Vancouver hosted Lisa Hamilton, QC, Hamilton Fabbro Lawyers, Simon Margolis, QC, Cornish Margolis Boyd, and Mark Tweedy, Mark Tweedy Mediation and Arbitration, who discussed the current state of virtual mediation and its future. They covered questions such as: What advantages and disadvantages have you seen to virtual mediation as opposed to in person (both from the perspective of mediator and parties)? What can mediators and parties do to ensure success at a virtual mediation? Have you done any hybrid mediations with some in person and some virtual participants — if so, how has that worked and what benefits/issues have you had with that?

HEALTH LAW AND VACCINES — bit.ly/bt0222p22-5

Health Law hosted Rose Keith, QC, who presented on the emerging issues in health law relating to government issued mandates, including mandatory vaccines requirements for healthcare professionals, vaccine passports, mask requirements, and the associated human rights considerations.

SOGIC UPDATE — by Dustin Klaudt

COVID-19 Disproportionately Impacts LGBTQ2SI+ Community COVID-19’s impacts have caused widespread harms to the lesbian, gay, bisexual, trans, queer, two-spirited, intersex, and other sexual and gender minority (“LGBTQ2SI+”) community. Statistics Canada reported (bit.ly/bt0222p23-1) that the LGBTQ2SI+ community faces higher risk of job loss, financial, and housing insecurity. They further report (bit.ly/bt0222p23-2) our community faces disproportionate exposure to hate crimes (with a 41% increase in 2019), inappropriate public behavior (57% vs. 22% for non-LGBTQ2SI+), mental health concerns (32% vs. 11%), and suicide ideation (40% vs. 15%), and mood or anxiety disorders (41% vs. 16%). CBABC SOGIC monitors these deepening equality gaps and advocates for concrete policy solutions. We always welcome further input and engagement from CBABC members on solutions to combat these disparities. Contact SOGIC: bit.ly/bt0222p23-3.

EMAIL: SECTIONS@CBABC.ORG

Help kids like India stay strong.

A Will can help do that. Empower your clients to create a better world. Help them leave a gift in their Will to BC Children’s Hospital Foundation so our future children can be strong in the face of illness. Discover how you can help your clients leave a legacy. bcchf.ca/legacy-advisor Or call Hilary Beard, Gift & Estate Planning 778.724.2003 hbeard@bcchf.ca

WLF UPDATE by Bronwen Black

Keep Your Eyes Peeled for Details on the Junior Women Lawyers Event! Every year, the CBABC WLF holds an event for junior women lawyers to network, celebrate achievements, and build connections. Pre-pandemic, these events were held in person at different venues in Vancouver so we could meet face-to-face and raise a glass together. However, as we are all very familiar with by now, the pandemic has changed how events like these may be held. Last year, for example, we held a virtual Junior Women Lawyers Event with several breakout rooms featuring guest speakers. The WLF hoped to hold this year’s event in person, but given recent developments and the safety of members top of mind, we are planning another virtual event this year. We plan to host a panel of 4-5 guest speakers from different dispute resolution spheres (a Supreme Court judge, a Provincial Court judge, a mediator, a Civil Resolution Tribunal member, and potentially other Alternative Dispute Resolution decision-makers). The theme for this year’s event is exploring how the legal profession needs to change to be sustainable, and how we, as junior women lawyers, must be a part of that change. The event will be held mid-February, so keep your eyes peeled for the save-the-date email in coming weeks!

FEBRUARY 2022 / BARTALK 23

practicetalk DAVID J. BILINSKY

COVID Challenges and Opportunities Thinking outside of the courthouse r Big dreams becoming real tonight.

Involves Delays: We all know the delays in the justice system. Justice delayed can result in justice denied.

Limited Availability: Courtesy of the internet, banks are open 24/7. Courts, however, are not.

Involves a Judge: For the most part, a case must be heard and determined by a judge. This means that a judge represents a bottleneck in the system.

So, look at me and this opportunity. You’re witnessing my moment, you see?... r

— Music and lyrics by W. Gluck, S. Furler, G. Kurstin, recorded by Sia.

hat has COVID done to the justice system? For decades, if not centuries, the structure of the justice system has been largely unchallenged. COVID (and technology) upset the applecart and necessitated thinking in regard to how justice ends can be reached in new and different ways. Let us examine the structure of the justice system:

Synchronous: All parties must attend the courthouse at the same time.

Serial: Each case follows the one before it in order to be heard by the presiding judge or court official.

Expensive: Each brick and mortar courthouse has to be built and staffed.

Geographically Tied: All parties must attend the court that is hearing the case.

Jurisdictionally Tied: For the most part, each case is heard according to the laws of the jurisdiction where it is filed.

Adversarial: Win/Lose not Win/ Win. Involves Transactional Costs: TC = hard costs + loss of opportunity costs. The longer the resolution, the greater the transactional costs.

24 BARTALK / FEBRUARY 2022

Given COVID, the challenge is: How can you structure a justice system that tries to break down one or more of these constraints? What would that system look like? What advantages could flow to disputants and others that don’t currently exist in the present justice system? What about disadvantages? We have seen “Innovation Sandboxes” arise in many jurisdictions, starting in Utah and now spreading outwards. For example, the Law Society of British Columba states: “The objective of our Innovation Sandbox initiative is to improve access to justice by improving access to legal advice and assistance. Through participation in the Law Society’s Innovation Sandbox, the Law Society of British Columba is committed to helping lawyers, law firms and others interested in providing legal services develop innovative ways to improve access to legal

advice and assistance. The Innovation Sandbox is a “safe space” for those not currently authorized to provide legal services and for existing firms to test ideas in a controlled environment that are likely to benefit the public.” This is a welcome step forward. But the innovations are limited to providing legal services. Here is the challenge: Can the justice sector take the next step and bring in a sandbox that seeks justice innovation solutions? What would that look like? BC is already known as a worldleader for its innovation in this area (per bit. ly/bt0222p24-1): “The Civil Resolution Tribunal (CRT), in British Columbia, gets global coverage as the first operational online formal small claims jurisdiction.” India, the UK, Singapore, and others are all looking at BC’s Civil Resolution Tribunal. COVID has presented us with both a challenge and an opportunity. We have demonstrated that BC can be a world leader in innovating in the justice sector. Why stop now? We could be witnessing another BC big moment. 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 principal of Thoughtful Legal Management, a technology and practice management consultancy and is the former Practice Management Advisor, Law Society of British Columbia. Email: daveb@thoughtfullaw.com Blog: thoughtfullaw.com

dave’s techtips COVID has Placed Law Practice into a New Environment Meeting in person with someone has given lawyers pause and taken on potentially dire implications. Running a law office, always problematic, is particularly challenged. Fortunately there are technological tools that can assist in keeping the law firm ship afloat and managing the troublesome seas. What are the implications of COVID on functions that still need to be done with staff and lawyers all working remotely to keep the legal machinery running? Commissioning affidavits and witnessing executions remotely, client ID and verification remotely, using video conferencing to provide legal advice or access client capacity, using electronic signatures, making electronic bank deposits and withdrawals, using electronic signatures on legal invoices — all these and many more have been impacted. The Law Society has issued Q&A’s in the areas of practice management and trust accounting to address many of these issues at: lawsociety.bc.ca/ about-us/covid-recovery.

Video conferencing software has come into its own at this time. There are two particular flavours that lawyers and the courts have chosen. One is Microsoft Teams and the other is Zoom. What are the considerations that would have you choose one over the other? The two are similar but not identical. MS Teams is chat integrated into Office 365 that incorporates calls with Skype and facilitates team chats and individual chats. Zoom unifies cloud video conferencing, simple online meetings, and cross platform group chat into one platform. One major reason to choose MS Teams is its deep integration into MS Office 365. The Freemium version provides you with group calling for up to 60 minutes and 100 participants. With MS Teams Business Basics for $6.40/user/month CDN you get web and mobile versions of Word, Excel, PowerPoint, Sharepoint, Outlook, and OneDrive with Teams providing you with group calling for up to 30 hours and 300 participants, team transcripts, 1 TB of storage, and standard security. If you already subscribe to MS Office 365, then MS Teams is an easy choice. Zoom’s strength is ease of use. Zoom has multiple versions, starting with Free, which allows up to 100 participants, unlimited group meetings for up to 40

minutes, unlimited one-to-one meetings with a 30-hour time limit per meeting and private and group chat. The Pro version allows meetings up to 100 participants (up to 1,000 with Large Meetings add-on), group meetings for up to 30 hours, social media streaming, and 1 GB cloud recording (per license). What are the drawbacks of each? MS Teams is “hyper compartmentalized” according to PCMag and you may have to dive deep to find a conversation. The free versions of each offer different conference time: Zoom is limited to 40 minutes vs Team’s 60 minutes. Once you start paying, you get 30 hours on Zoom vs 24 on Teams. A drawback is how difficult it is to get someone who isn’t using Teams into a call compared to Zoom meetings. To join a Teams call from your phone you have to install the Teams app. To join a live event, you must download a streaming player such as Azure Media Player, Yammer, or Teams. Not so for Zoom. MS Teams will only display nine people on a call; Zoom — as many as your screen will fit. If you want ease of use, go to Zoom. If you want advanced features, including MS Office integration, go to MS Teams. © 2022 David J. Bilinsky

FEBRUARY 2022 / BARTALK 25

communitynews BCLI Begins Project to Examine Public Hearings Public hearings are an integral part of land-use planning and regulation. As the Local Government Act puts it, before a municipality or regional district adopts an official community plan, a zoning bylaw, or a bylaw providing for the early termination of land-use contracts, it must (subject to a handful of exceptions) hold “a public hearing on the bylaw for the purpose of allowing the public to make representations to the local government respecting matters contained in the proposed bylaw.” BCLI has just started a project to research (1) the origins of this requirement in the Local Government Act and of the use of public hearings in land-use planning and regulation; (2) how this legislation has been interpreted and developed in the case law; and (3) the goals and purposes, and advantages and disadvantages, of this legislation. The project’s objective is to produce a study paper, which will be used to support a broader project called the Renovate the Public Hearing Project, which is being carried out by the Strengthening Canadian Democracy Initiative, Morris J. Wosk Centre for Dialogue, Simon Fraser University. The Public Hearings Project was made possible by funding from the Law Foundation of British Columbia.

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nothingofficial TONY WILSON, QC

Occam’s Toothbrush

A few rules to help you understand our crazy times

he California Coastal Records Project photographed the Malibu coastline from a helicopter to alert California policymakers to the dangers of soil erosion of the cliffs above the beach. Out of 12,000 photographs, one was of Barbara Streisand’s house, and Babs didn’t like people taking pictures of her home from the air. So, being rich, she sued the photographer for $50 million for breach of privacy to force the removal of the photo from the Project’s website, thereby proving that The Law of Unintended Consequences applied to celebrities and their lawyers. You see, before she filed, “Image 3850” had been downloaded a grand total of six times and two of those downloads were by Streisand’s own lawyers. As a result of her lawsuit, public knowledge of the photo increased exponentially, attracting almost 500,000 site visits within a month, and millions within a year. The lawsuit was dismissed with costs and her actions coined the maxim “The Streisand Effect” — namely, that attempts to suppress information will always motivate people to access it and spread it far and wide over the internet. But The Law of Unintended Consequences and the Streisand Effect aren’t the only rules to help you navigate through the 2020s. Occam’s Razor is useful when someone still claims that Trump won the US election because of voter fraud in five states that he lost in (but not in any of the states he won); or that the Pfizer, Moderna, and AZ vaccines are unsafe (particularly when compared to the horse de-wormer Ivermectin);

or when someone claims Lee Harvey Oswald was not the lone gunman. Occam’s Razor is a problem-solving maxim to evaluate the truth of two competing theories, where the one with the fewest assumptions is the better one. My variation of Occam’s Razor for the 2020s states that where there are two competing narratives about vaccines, COVID-19 or Trump, the one with no reliance on quackadoodle conspiracy theories is the preferable one. (Let’s call it “Occam’s Toothbrush.”)

vaccinated people to keep correcting and re-correcting Robert Malone, Peter McCullough, Joe Rogan, and their followers when they claim the vaccines are dangerous, facemasks don’t work, horse dewormers and zinc are better than vaccines, or that we are all part of some “mass formation psychosis” and “naïve sheeple” for trusting the scientists rather than the pseudoscientists. Besides, why continually correct the anti-vaxxer conspiracy theorists when you can just… wait.

Then there’s the “Project Manager Rule.” Those who circulate conspiracy theories that the Deep State and Big Pharma are clandestinely in cahoots with the evil liberal mainstream media to force us to vaccinate against our will and deprive us of our freedoms, or that 5G towers will be used by Bill Gates to track the movements of the vaccinated (better than our cellphones?), have clearly never managed a large group project in the real world, or tried to keep something confidential. Someone will always make a mistake, brag about their cloak and dagger exploits in a bar and tell their story to the media in the hope of a movie deal. That’s why there aren’t secret conspiracies anymore. Just conspiracy theorists. Real conspiracies are just too difficult to manage and keep secret.

Then there’s the “Dunning Kruger Effect” made famous by Python Emeritus John Cleese. It’s when a person’s lack of knowledge causes them to overestimate their own competence.

“Brandolini’s Law” (also known as the “BS Asymmetry Principle”), states that the amount of energy needed to refute an untrue statement is larger than that needed to create it. That’s why it’s just too much trouble for

Here’s another. The best way to get the right answer on the internet is not to ask a question at all; it’s to post the wrong answer and see what happens. That’s “Cunningham’s Law.” I don’t recommend it as a research tool for lawyers, but in the 2020s, it’s worth a try. Finally, there’s “Dicks Law,” which is less of a law and more of a warning for these troubling times of alternative facts, pseudoscience, and disinformation: “When liars prosper, truth dies. In the absence of truth, monsters rise.” Tony Wilson, QC is a Life Bencher of the Law Society, a Vancouver Franchise Lawyer, humourist, self-professed thought leader and all-around raconteur. Consequently, the views expressed herein are his alone and do not reflect the opinions of the Law Society, the CBABC, or their respective members. FEBRUARY 2022 / BARTALK 27

communitynews TIPS FROM

COVID-19’s Legacy of Red Tape

On top of human travesty and jarring social transformation, the COVID-19 pandemic has raised an absolute tidal wave of red tape that lawyers are expected to ingest. The BC Supreme Court released, revised, and rescinded so many COVID-19 announcements in less than 22 months that it requires a four-page index just to track them. The Court of Appeal’s notice to the public about its response to the COVID-19 pandemic was revised 14 times before it was rescinded — only to be replaced by a notice that has been revised three times further. And this is just the Courts. What about the laws, ministerial orders, and other instruments from the provincial and federal legislatures and executive offices? Our dutiful librarians have assembled a page with links and tables listing the laws, emergency orders, and regulations that arose as a result of COVID-19. Visit bit. ly/bt0222p28-1 if you are curious to see the resource, or email CLBC’s librarians any time if you need specific support.

Continuing with Online Programming As the threat of COVID-19 continues, CLEBC will continue with online programming for at least the first half of 2022 in order to maintain the safety of CLEBC staff, contributors, and customers. CLEBC will continue to offer complimentary lawyer wellness and well-being resources that can be accessed here: cle.bc.ca/ lawyer-wellness-and-well-beingresources

28 BARTALK / FEBRUARY 2022

Canadian Bar Association, BC Branch

GIVE BACK TO THE FUTURE OF THE LEGAL PROFESSION Donate your robes to new lawyers who need them. cbabc.org/RobeBank

Are You an Indigenous Lawyer or Community Member? CLEBC values your contributions and encourages your participation in all of CLEBC’s programs. To increase accessibility, CLEBC offers a 50% discount to all Indigenous lawyers and a limited number of free online registrations to non-lawyer Indigenous community members. For more information, please contact CLEBC Customer Service at 604-893-2121 or custserv@cle.bc.ca.

New CLEBC Board Directors CLEBC is pleased to extend a warm welcome to their newest CLEBC Board Directors: Andrea Rowe (Swift Datoo LLP, Courtenay, BC), Paul Pearson (Crown Counsel, Victoria, BC), and Cheryl D’Sa (Narwal Litigation LLP, Vancouver). CLEBC is thrilled to have Andrea, Paul, and Cheryl with us!

communitynews Lessons Learned from the COVID-19 Pandemic: Remote Service Delivery and Bridging the Digital Divide The Law Foundation of BC funds a network of direct legal services that support low-income people facing legal challenges across British Columbia. As new public health orders came into effect to address the COVID-19 pandemic, the community-based agencies that host these services and their employees quickly pivoted to remote work. Having the right technology became crucial to ensuring continuity of service and to connecting with clients outside of the office environment. As the pandemic went on, community-based agencies funded by the Law Foundation have been called on to provide increased services under very difficult circumstances. They have rallied to support clients needing to access brand new temporary income-security benefits, to provide accurate information about a temporary moratorium on evictions, and to ensure clients have the support they need as they navigate novel legal challenges. All the while, agencies and their staff have also had to grapple with their own ongoing crises and challenges, such as COVID-19 infections, unexpected childcare demands, and cancelled fundraising events. Throughout the pandemic, Law Foundation of BC grantees have worked tirelessly to find ways to continue their work in a completely new environment. They have created video and other remote meeting options for those clients who have access to internet or phone and are comfortable using platforms like Zoom and MS Teams. Those innovations happened out of necessity, but they have allowed grantees to connect with more clients over greater geographic distances than ever before. At the same time, for clients who do not have, or cannot reasonably use, online and phone options, there is a risk of being left behind in the remote services, work-from-home environment. To meet the needs of clients with inequitable access to technology, Law Foundation grantees are evolving their services to bridge the growing digital divide. Whether by providing outdoor document signing meetings, setting up computer or phone access for clients, or collaborating with other organizations to support clients to login and participate in video processes, these agencies and their dedicated staff are rising to the challenge. “COVID-19 has laid bare some of the ways in which legal and advocacy services need to evolve to meet the needs of people at the lowest end of the income spectrum,” says DJ Larkin, Director of Legal Service Grants. “The Foundation is excited to work with our direct legal services grantees and their clients to build more resilient and accessible technology solutions for these essential legal and advocacy services.” The Law Foundation is committed to supporting our grantees in this evolution. We moved quickly to provide online training for advocates to ensure people providing frontline services have upto-date skills and information, that webinars and online courses allow for more frequent training opportunities in rapidly shifting environments, and that digital presentations can easily be shared with people providing direct legal services anywhere in the province. As we slowly return to in-person services, it will not be “back to normal” for Foundation-funded direct legal services. It is time to evolve to meet not only the COVID-19 challenge, but to ensure Foundationfunded direct legal and advocacy services are better able to provide services in a modern technology environment. Throughout 2022, the Law Foundation will be working with grantees on how to provide secure, agile, remote-accessible case management, and to explore how to increase accessibility of online services for clients across the province regardless of their individual access to technology.

FEBRUARY 2022 / BARTALK 29

barmoves Who’s Moving Where and When Monique Evans

Chapmann Wong

joined Hunter Litigation Chambers as an associate. Monique will continue to develop her practice in transportation law (rail) and commercial and civil litigation.

joined Clark Wilson LLP’s Capital Markets, Securities, Mergers & Acquisitions group. Chapmann’s practice involves all private M&A and equity transactions, startup formation and advising.

Douglas Zorrilla

Leyla Salmi

joined Wilson Rasmussen LLP as a partner. Douglas’ practice focused on commercial and residential real estate, corporate, commercial, and immigration law.

joined Harper Grey LLP’s Construction and Engineering group. Leyla was previously Legal Counsel with the Ministry of the Attorney General.

Robin Jawanda

Raphael Tachie

joined Wilson Rasmussen LLP as a partner. Robin’s practice focuses on wills and estates, financial services, and real estate law.

joined Gowling WLG as a partner in its national Private Client Services group, and he will serve as head of the group in Vancouver.

Dharam Dhillon

Shelley Ball

joined Wilson Rasmussen LLP as a partner. Dharam’s practice focuses on commercial real estate, property development, and construction law.

joined the College of Dental Surgeons of BC as Legal Counsel. She was previously the Director of Investigations at UBC.

Tiana Reid

Mauro Palumbo

joined Kane Shannon Weiler in 2021 as a litigation lawyer. Her primary areas include privacy, administrative, and estate law. Prior to joining, Tiana clerked at the Federal Court of Canada.

joined as a partner with Clark Wilson LLP’s Capital Markets, Securities, Mergers & Acquisitions group. Mauro advises issuers, investors, and entrepreneurs on legal and regulatory issues.

30 BARTALK / FEBRUARY 2022

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.

Ryan Moore

Halla Ahmed

joined Lawson Lundell as an associate in their Mining group. Ryan was called to the British Columbia Bar in 2021 and the Alberta Bar in 2020.

joined Branch MacMaster after being called to the Bar in Ontario. Halla practises in the areas of general civil litigation, insurance law, and class actions.

Lorenzo Babini

Frances Gropper

joined Lawson Lundell as an associate in their Corporate Commercial group. Lorenzo was called to the British Columbia Bar in 2021.

returns to Branch MacMaster after working at the Law Society of BC as a staff lawyer in the Professional Conduct Department. Frances is a litigation associate practising primarily in health and regulatory law.

Jennifer M. Williams

Lisa Harris

joined Harper Grey LLP’s Business Law and Real Estate Law groups.

joined Kelly Harvey Russ Law Corporation in West Vancouver as an associate, assisting clients with family law, child protection, and refugee law matters.

Russell Bailey

Stephen Hedley

joined Branch MacMaster LLP, practising primarily in the areas of insurance, health, and commercial litigation.

joined Lawson Lundell as an associate in their China group. Stephen was called to the British Columbia Bar in 2015.

Benjamin Meadow

Miranda Lam

joined Branch MacMaster LLP, practising primarily in the insurance law.

joined Acuitas Therapeutics as Chief Legal Officer and Sr. Director, Business Development. Ms. Lam was previously with law firm McCarthy Tétrault LLP, where she was an equity partner.

FEBRUARY 2022 / BARTALK 31

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2019-05-09 8:55 AM

Law in the Time of COVID | BarTalk February 2022

Articles inside

BarMoves

Lessons Learned from the COVID-19 Pandemic

Agreements-in-Principle, Reached to Finally End Discrimination Against First Nations Children

Law Office Design in the Age of COVID

SectionTalk

COVID has Placed Law Practice into a New Environment

Labour Law in the Time of Cholera

Vaccine Passports

Practising Wellness for a Better Practice

The COVID Tale of Two Firms

At the Intersection of Intention and Impact

Leveraging this Adaptive Workplace Moment

Together but Apart

When Does a COVID Layoff Become a Termination?

The Prolonged Effect on Mental Health and Induced Trauma on Vaccine Hesitant Citizens

Business Continuity in the Time of Illness

Advocacy in Action