Call to order: 12:30 pm PDT
Meeting location: Virtual meeting
Advance online voting on the resolutions to be considered at the 2020 Annual General Meeting (AGM) will be available from Monday, September 21, 2020 until 5:00 pm on Monday, October 5, 2020. Voter credentials and instructions on how to access the voting site will be sent to all eligible voters on September 21, 2020. Only Law Society of BC members in good standing (whether practising, non-practising, or retired) will be eligible to vote.
Advanced online voting will close at 5:00 pm on October 5, 2020. Live online voting will be available during the meeting. Instructions on how to join the meeting will be sent to all registered members in advance of the AGM and will be made available in the Member Portal.
To watch a live stream of the meeting, go to the Law Society website (www.lawsociety.bc.ca) and click on the link under 2020 Annual General Meeting to access.
As permitted by Ministerial Order No. M167 and in light of the current public health orders, the 2020 AGM will be a virtual meeting and there will not be any physical meeting locations.
Members will be able to join, vote, and speak at the meeting virtually. Instructions on how to join the meeting will be sent to all registered members in advance of the AGM and will be made available in the Member Portal. On October 6, 2020, please join the meeting as close to 12:00 pm as possible to allow enough time to resolve any technical issues before the meeting commences.
If you are planning to attend the virtual meeting, you will need to register prior to the meeting. Please register by using the RSVP function available in the Member Portal. Please RSVP by 5:00 pm on Monday, October 5, 2020.
The business of the 2020 AGM will be as follows:
Each year at the AGM, there is to be an election for the position of Second Vice-President-elect. Pursuant to Law Society Rule 1-19, if only one candidate is nominated, the President will declare that candidate Second-Vice-President-elect. The Benchers are pleased to announce their nomination of Christopher McPherson, QC for Second Vice-President-elect.
Pursuant to Rule 1-5(2), the Second Vice-President for 2021 will be First Vice-President in 2022 and President in 2023.
Christopher McPherson, QC
Christopher McPherson, QC is a senior prosecutor responsible for challenging, high-profile homicide cases. He has prosecuted over 40 homicide cases.
Elected a Bencher for 2016, Christopher is currently Chair of the Rule of Law and Lawyer Independence Advisory Committee, and a member of the Executive Committee, Truth and Reconciliation Advisory Committee, Mental Health Task Force and Anti-Money Laundering Working Group.
Christopher is a member of the International Association of Prosecutors and International Society for the Reform of Criminal Law. He formerly served as a director of the BC Crown Counsel Association, President and on the Executive of the New Westminster Bar Association, Co-chair of the CBA Westminster Criminal Subsection and member of the Policy Review Committee, Criminal Justice Branch. His teaching and lecturing experience includes coach of the Western Canadian Criminal Moot Competition and UBC Burns Moot Competition, instructor of CLEBC’s Winning Advocacy, lecturer with the National Judicial Institute, ongoing training with the Ministry of Justice and various law enforcement agencies, and presenter at the International Association of Prosecutors Conference.
In the community, Christopher is a former member of the East Vancouver Port Lands Liaison Committee, and was formerly an official with Biathlon Canada, volunteering with the Winter Olympics 2010, captain at the Vancouver Rowing Club and president of the Vancouver Skiers Cross-Country Club.
Pursuant to Rule 1-8(4), on behalf of the Benchers, President Craig Ferris, QC will provide a brief outline of Law Society proceedings since the 2019 Annual General Meeting.
BE IT RESOLVED that PricewaterhouseCoopers be appointed as the Law Society auditors for the year ending December 31, 2020.
BE IT RESOLVED to authorize the Benchers to amend the Rules respecting general meetings to provide that:
Note: Section 12 of the Legal Profession Act requires the approval of two-thirds of members voting in a general meeting or referendum to permit the Benchers to make rule changes with respect to general meetings.
Commentary:
Following an unprecedented year due to COVID-19 and in light of the public health limits on events, the Executive Committee determined, as permitted by Ministerial Order M167, that the 2020 Annual General Meeting would be held through an electronic communications medium without physical locations. While the present pandemic is not expected to continue in the long term, the Benchers agreed to propose a Bencher Resolution for consideration and approval by the members that would allow future Annual General Meetings to be held through an electronic communications medium, in whole or in part, should circumstances justify it.
WHEREAS articled students produce valuable work, attend court on behalf of clients, and contribute to the success of law firms and organizations; and
WHEREAS articled students are entitled to adequate compensation, including a minimum wage; and
WHEREAS guaranteeing the fundamental labour rights of articled students furthers the public interest, bolstering confidence in the ethics of the legal profession; and
WHEREAS the Law Society has made improving mental health in the legal profession, which includes articled students, a priority; and
WHEREAS excessive work hours, stress, and financial pressures often contribute to and exacerbate mental health issues, including depression, anxiety, and substance misuse;
Be it resolved that membership directs the Benchers:
To amend the appropriate sections of the Law Society Rules and/or Code of Professional Conduct within 12 months of the date of this resolution, requiring that articled student agreements provide articled students with at least such rights and protections as are guaranteed under section 16 and Parts 4 and 5 of the Employment Standards Act, RSBC 1996, c 113, and ensure that articled students are able to seek financial redress for practices that contravene the amended Law Society Rules and/or Code of Professional Conduct.
WHEREAS the Law Society of British Columbia is currently seeking through its Indigenous Intercultural Competency Program to "establish and maintain a mutually respectful relationship between Indigenous and non-Indigenous people" and has issued an appeal to the Membership stating: "We need your help to get there";
AND WHEREAS the undersigned and other current and retired Members who presented a Request to the Law Society referred to below strongly support achievement by the Law Society of this objective;
AND WHEREAS in response to a Report by their Truth and Reconciliation Committee the Benchers decided on May 3, 2017 to dissociate the Law Society from the memory of our first Chief Justice, Sir Matthew Baillie Begbie, by removing his statue from its premises and erasing his name from all connection with its affairs;
AND WHEREAS this Report, which was disclosed to the Membership only after the decision had been made and later removed from the Law Society website, includes findings with respect to the conduct of Chief Justice Begbie that are considered by the undersigned and other Members to be unfounded, and inconsistent with achievement of the objective of the Law Society's Program and its credibility;
AND WHEREAS our retired Chief Justice, the Hon. Lance Finch, has written a paper questioning such findings, and calling for a renewed assessment of the work of Chief Justice Begbie and adoption of a symbol to replace that of Chief Justice Begbie acceptable to both Indigenous and non-Indigenous Members;
AND WHEREAS the undersigned and other Members presented a Request to the Law Society dated February 13, 2020 asking that the matter be remitted for such reconsideration and recommendation after receiving submissions from all interested parties; including historians;
AND WHEREAS this Request has not been acted on:
BE IT NOW RESOLVED that the Benchers be asked to: (i) refer the above Report of the Truth and Reconciliation Committee to a Committee of Indigenous and Non-Indigenous persons for reconsideration and recommendation of a symbol acceptable to both Indigenous and Non-Indigenous people to replace the Begbie statue; and (ii) place its report and recommendation before the Membership for approval.
Law Society of British Columbia members Morag MacLeod, QC, and Nancy Cameron, QC have provided for consideration at the 2020 Annual General Meeting of the Law Society of British Columbia the following resolution:
WHEREAS Law Society Rule 3-58.1 was passed in July of 2019, to take effect on January 1, 2020. The Rule provides as follows:
Trust account only for legal services
3-58.1 (1) Except as permitted by the Act or these rules or otherwise required by law, a lawyer or law firm must not permit funds to be paid into or withdrawn from a trust account unless the funds are directly related to legal services provided by the lawyer or law firm.
(2) A lawyer or law firm must take reasonable steps to obtain appropriate instructions and pay out funds held in a trust account as soon as practicable on completion of the legal services to which the funds relate.
WHEREAS on February 7, 2020, the Law Society issued its monthly E-Brief newsletter which included the following notice:
Application of client identification and verification and trust rules for mediators and arbitrators Law Society Rules 3-98 to 3-110 apply to lawyers who are retained by clients to provide legal services. These rules generally do not apply to lawyers who act as mediators or arbitrators (Rule 3-99(1)). Mediators and arbitrators who take pre-payment of fees for their services from parties or the parties’ counsel must not deposit these funds into their trust account regulated by the Law Society (Rule 3-58.1). See the FAQS on the Client ID & Verification web page for more information. [emphasis added]
WHEREAS the February 2020 E-Brief was the first time that lawyer mediators and arbitrators were informed that retainers received for mediation and arbitration services must not be deposited into their trust accounts regulated by the Law Society. It was the first indication that certain members of the Law Society were not considered to be practicing law in the eyes of their regulatory body. As explained below, this perception does not align with the practice of family lawyer mediators and arbitrators and will likely trigger unintended consequences that do not serve the public interest.
WHEREAS on February 20, 2020 an ad hoc committee of senior lawyer mediators wrote to the Executive Committee of the Law Society to express their significant concerns about the implementation of Rule 3-58.1, including:
WHEREAS on May 13, 2020 the Law Society extended an invitation to give feedback on a consultation paper titled: “Retainers Held by Lawyers who are Mediators, Arbitrators, or Parenting Coordinators”. The Consultation Paper set out a “proposed solution” which was different from the February 7, 2020 E-Brief:
“The Executive Committee considered this issue and resolved to recommend to the Benchers to amend the definition of “trust funds” in the Law Society Rules to provide that, for the purposes of the definition, “legal services” do not include the provision of legal services incidental to the provision of mediation or arbitration services by a lawyer
... This proposal takes the handling of retainers outside the scope of the Rules regarding the handling of trust funds but it could be accompanied by Rules prescribing how lawyers must manage any funds received as retainers in connection with the provision of mediation and arbitration services."
Be it Resolved that the membership direct the Benchers to forthwith: