June 2016 Section Update

  • June 01, 2016

Keep Current: A review of provincial Section meetings

International Law and Environmental Law

Meeting in Review: March 4, 2016
Speakers: Andrew Gage, Staff Counsel and EDRF Liaison Lawyer, West Coast Environmental Law and Rob Miller, Co-Founder, Miller Titerle + Company LLP

Topic: The Paris Climate Change Conference – The Conference, The Agreement and What Comes Next

On Friday, March 4th, Andrew Gage, Staff Counsel with West Coast Environmental Law and Rob Miller, co-founder of Miller Titerle + Company LLP, spoke at a joint meeting of the Environmental Law Section and the International Law Section about The Paris Climate Change Conference. Andrew discussed the Conference from his experience as an attendee, and reviewed the resulting Decision Document and Treaty. In particular, Andrew noted the differences between the Paris Agreement and previous climate agreements, Canada’s commitment, and outstanding concerns with the deal. Rob then reviewed legal options to legislate the behavioural change needed to achieve the targets, including cap and trade, emissions trading, legislative sourcing, and carbon capture and sale. Rob reviewed the process of creating and trading a carbon offset in detail, including the lawyer's role in this process. Finally, Rob spoke about some Aboriginal communities’ involvement in setting up carbon offset projects.

Immigration Law (Refugee Lawyers Subgroup) 

Meeting in Review: March 17, 2016
Speaker: Douglas Fortney, Assistant Deputy Chairperson, Refugee Appeal Division - Western Region, Immigration and Refugee Board of Canada

Topic: Refugee Appeal Division

Mr. Douglas Fortney provided updated national and regional statistics on Refugee Appeal Division(“RAD”) appeals and outcomes, identifying trends and changes from last year, as well as regional differences. He provided an overview of recent and ongoing RAD initiatives, identified new Federal Court jurisprudence, and offered practice tips from  the RAD perspective on perfecting an appeal, submitting new evidence, requesting a hearing, submitting post-hearing documents, and making applications for extensions of time to file and perfect. The presentation was followed by a candid exchange of information on practice before the RAD. The Refugee Lawyers Group thanks Mr. Fortney for his willingness to meet and converse with refugee lawyers.

ADR Nanaimo

Meeting in Review: March 31, 2016
Speaker: Gordon Sloan, Partner in ADR Education Victoria BC

Topic: Thorny Issues in Mediation

Gordon Sloan, well known mediator and teacher, hosted a rousing round-table discussion at the March 31st, 2016 ADR Nanaimo Section meeting. Gordon holds degrees in both law and religion and is fascinated by the concept of identity and how it manifests itself in human behaviour. This fascination informs his theories of conflict and dispute resolution.

Gordon posits that conflict occurs where expectations, goals or objectives diverge. It is also “omnipresent,” whether it is in a latent, emerging or manifest stage. It is when conflict is manifest that it becomes a dispute.

Gordon distinguishes between conflict about ideas, information or activities and conflict over deeply held values. Conflict over deeply held values can be experienced as a challenge to identity and may center on moral discord. To resolve a conflict (as opposed to a dispute), the competing values must be understood and reconciled – usually through a gradual process and a corresponding effort to repair damaged relationships.

Young Lawyers Lower Mainland

Meeting in Review: April 18, 2016
Speaker: The Honourable Robert J. Bauman of the British Columbia Court of Appeal; The Honourable Chrisopher E. Hinkson of the Supreme Court of British Columbia; and The Honourable Thomas Crabtree of the Provincial Court of British Columbia
Event: Annual Judge’s Dinner

Topic: Tips from the Bench for Young Lawyers

On April 18, 2016, the CBABC Young Lawyers – Lower Mainland Section was honoured and privileged to host a panel presentation by Chief Justice Robert Bauman, Chief Justice Christopher Hinkson and Chief Judge Thomas Crabtree. The topic was “Tips from the Bench for Young Lawyers.” The panel provided invaluable insight on the challenges faced by young advocates and shared advice for effective presentation of a matter in Chambers and in trial. The panel covered a range of topics of concern for young lawyers. Highlights included the necessity of being prepared, how to properly and effectively rely on case authorities, the structure of a persuasive legal argument, how to make the most of opportunities to learn from senior counsel and the importance of pro bono work.