Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m M A r C h 2 0 1 5 13 \ At L A N t I C \ C E N t r A L \ W E s t rEgIoNAL WrAp-up the schedu ling process for court time, Crowns often rotated to accommodate that schedule. Fudge says the schedule of both parties will have to be considered to find a mutually agreeable date. One advantage Fudge sees in the new system, the opportunity for Crowns to gain experience handling certain types of crime and also building expertise. Being able to follow a case through to completion can broaden experience. There is a concern with some offices being busier than other areas that some Crowns will become bogged down with too many trials. "Crown prosecutors often have a can-do attitude," Fudge says. A pros- ecutor may be reluctant to turn down a file. But, lawyers have an obligation to properly prepare cases. "If it gets to be too much, we have not just a personal obligation but an ethical obligation to tell the administration it is too much." The same kind of file ownership is also finding favour with the B.C. Legal Services Society as it is planning a new, expanded criminal duty counsel pilot program, which would see duty counsel become more involved with case files. Continuity is seen as a means of expediting cases with Crowns and also possibly resolving cases before bringing them into court. "Our expanded duty criminal duty counsel program is expected to benefit both clients and the courts," said LSS CEO Mark Benton. "The way things are now, a client usually speaks with a different duty counsel every time he or she goes to court and the focus of the duty counsel is usually just on providing advice. What is different is that the duty counsel will provide ser- vices to the client until a trial is scheduled or the matter is resolved. The focus will be on providing a resolution before the trial date is set." There is no indication when the pilot will launch. — Jean SoRenSen jean_sorensen@telus.net THe YIn and YanG of faMIlY law W hen Vancouver lawyer Ruth Lipton spotted the ad for marriage commissioners in a weekly newspaper three years ago, she was in a rough patch with a gravely-ill father and herself only handling a half caseload because of health reasons. She says she wanted something "to give balance to my life" and "thought it might be fun." "It is now the yin to my yang of divorce work," she says. Performing wedding ceremonies has brought the Calgary native, who moved to Vancouver, to many happy B.C. events, a contrast to those most lawyers get called to. Lipton has lost track of the number of couples she has wedded but reflects on how they have been warm and touching events. Lipton, a University of Windsor law gradu- ate, also marvels at how a part of her is woven into the ceremony and the lives of those she marries. They are neighbours, friends, and acquaintances as well as the strangers who call up looking for a commissioner. The first couple was a middle-aged couple living only 10 blocks away. "He had [terminal] cancer and the couple wanted to marry as it would make everything easier later," says Lipton. It was a home service, attended by their children and witnesses. Another couple wanted a civil service to solidify a 25-30 year common-law relationship. "They had had a wedding reception — with her in a white gown — but had never really married," Lipton said. She has married two Israeli women with the event podcast to relatives in Israel. "They would not have been allowed to marry in Israel," said Lipton, but their Canadian marriage certificate would be honoured in that country. She's open to customizing the experience but there are exceptions. One couple asked if they could toke-up just before the wedding kiss. Lipton nixed the idea pointing out she was a former B.C. Crown prosecutor. The couple did anyway, and, Lipton walked off. "I thought it was very disrespectful to me," she says. Lipton said her training as a lawyer has helped with officiating at ceremonies. She had received a day's official commissioner training. Marriage commissioners are appointed under the province's Marriage Act. "I'm more nervous in court," she says, adding she has much more to remember. But, appearing in court has provided the means to speak in public, but also gauge whether the couple or others integral to the ceremony are becoming nervous. "From cross- examining witnesses, you pick up on things like that," she said. But, there's also a legal side to what Lipton does. For the marriage ceremony to be valid, each party must affirm they are legally able to marry and also they are willing to accept the other per- son as their wedded partner. She also has to ensure there's a valid marriage certificate and later file the paper with vital statistics registering the couple's union. It's not a job that pays well. But, it is a fulfilling one. A marriage certificate in B.C. is $100 while fees for a marriage commissioner start at $78.75 of which Lipton keeps $50. It's a far cry from legal work she had done over the years such as business litigation, working for a stock brokerage, vetting company reactivation requests for the B.C. Securities Commission, advising employees and employers on the Ministry of Jobs, Tourism and Skills Training Employee Share Ownership program, prosecuting commercial crime with the B.C. attorney general's ministry, and broad-scale private practice. But, marriage commissioners play a vital role in providing an alternative for individuals who do not have the money or interest in a large church wedding, she points out. Whether it is simple or a big white wedding, Lipton infuses her own witty humour into the ceremony when needed. She wears dark glasses with red squiggles. Closer examination reveals they are kiss prints. "I tell the couple that if they are nervous remember what they get to do at the end of the ceremony — just look at my glasses," she laughs. — JS ruth Lipton It ' s back 2015 CANADIAN LAWYER'S LEGAL FEES SURVEY Complete the survey online at surveymonkey.com/s/legalfees2015 and let us know what you are charging for various transactions and services in multiple practice areas. Survey closes MARCH 30 Untitled-2 1 2015-02-11 9:53 AM

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