Heather Gardiner

As a result of the Law Society of British Columbia’s new Rule 2-32.01, articling students can now provide the same legal services as lawyers under supervision of a principal or practising lawyer.

Gavin Hume, president of the law society, says the rule was created to address the issue of access to justice. “The main reason is that it provides law firms with an opportunity to provide a more economical service to their clients. The student presumably would be charged out at a lower rate and as a result the client would be charged a lower fee.

“So it’s very much tied to the issue that we read about so often and is obviously a major concern, which is access to legal services.”

He says it’s also an opportunity to provide students with better training and broaden their experiences.

The rule states that students are permitted to appear as counsel, under supervision, for “an appeal in the Court of Appeal, the Federal Court of Appeal or the Supreme Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.”

However, students are not allowed to appear as counsel in complex litigation or act as commissioners for oaths.

It says the supervising lawyer is responsible for ensuring the student is: “competent to provide the services offered, supervised to the extent necessary in the circumstances, and properly prepared before acting in any proceeding or other matter.” The supervising lawyer is also liable for any mistakes made by the student.

Hume says the law society is still liaising with the B.C. courts about whether they are going to embrace this new rule because “access to the courts is very much under the control of the courts.” He notes the LSBC has had preliminary discussions with the Supreme Court, the Court of Appeal, and the Provincial Court and hopes to have a more formal discussion on the matter very soon.

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Tuesday, 30 August 2011 08:52

News roundup — August 30, 2011

Canada

Ex-priest to stand trial for sex charges in 1970s-80s, The Chronicle-Herald

First Nation in court over B.C. land dispute, The Vancouver Sun

Ottawa told to disclose aboriginal business e-mails, The Chronicle-Herald

United States

Probe reveals 'shocking conditions' at Florida jails, Reuters

Former mayor of Arizona town jailed for bribery, Reuters

International

China's Supreme Court to toughen hacking penalties, Reuters

Murdoch's lawyers expand inquiry of U.K. newspapers, Reuters

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Monday, 29 August 2011 09:21

News roundup — August 29, 2011

Canada

B.C. judge removes ex-police lawyer from Hells Angels case, The Vancouver Sun

Man. prof loses legal battle to rescind student's PhD, Winnipeg Free Press

$3-M home could be seized after owner charged with human trafficking, The Vancouver Sun

United States

Firms fighting Coudert Bros. want to switch courts, Reuters

Court refuses to block wolf hunts in 2 states, Reuters

International

Israeli TV judge accused of extortion, Reuters

Namibia arrests 4 accused in radioactive theft, Reuters

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Thursday, 25 August 2011 15:03

Barreau du Québec insists SCC judges be bilingual

With the upcoming vacancies at the Supreme Court of Canada, the Barreau du Québec insists the incoming judges be bilingual.

Bilingualism is ‘an essential requirement’ for Supreme Court judges says Barreau du Québec’s Claude Provencher.

With justices Ian Binnie, 72, and Louise Charron, 60, stepping down from the top court at the end of the month, there is much talk about who the federal government will select to fill their spots.

Whomever is chosen, the Barreau du Québec is pushing for them to be bilingual.

Claude Provencher, executive director of the Barreau, says Canadian citizens have the constitutional right to be heard by a judge in one of Canada’s two official languages.

“[It’s not] an issue of French versus English, [it’s] an issue of the right to be heard in your first language and the official language of your choice when you go to court,” Provencher tells Legal Feeds.

The Barreau du Québec supported NDP MP Yvon Godin’s proposed bill C-232 to require Supreme Court judges to be bilingual, but it died after the election was called.

Provencher says until there is legislation requiring it, it should be common practice to appoint bilingual judges to the SCC. This has often been the case with a recent exception of Prime Minister Stephen Harper’s appointment of Justice Marshall Rothstein in 2006, who is unilingual.

“We don’t ask judges to know foreign languages, we ask them to know English and to know French, they are our two official languages. It should not be considered as an asset, it’s an essential requirement,” says Provencher.

He adds that court interpreters are not a sufficient solution. “It has been shown that there is a lot of inaccurate translation.”

Not only is it a legal matter, he says, but it’s also important for judges to be knowledgeable about society.

“How can you really know about the English society or the French society if you have no real access to the media, television, [or] you cannot really have real conversations in the other official language if your knowledge of the French or the Quebec society is through what you read in The Globe and Mail — is it really accurate?”

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