Canadian Lawyer

August 2009

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The proposed legislation has aboriginal law practitioners or corporate clients who deal with aboriginal groups watching closely. Because they are advising on the new legislation, they do not want to comment publicly, but they believe de Jong's experience both as a former aboriginal affairs minister and forestry minister will help in determining fair, yet strong, title legislation. Marvin Storrow, the first Canadian lawyer to establish landmark cases under s. 35 of the Constitution, maintains the Campbell government "has done more to advance the cause of aboriginal people than any other B.C. government since 1871." But this shift towards reconciliation has been founded on these long and costly court battles. "The court has aided governments in understanding the legal rights of First Nations and to date First Nations have proven, by and large, that their views of their rights are correct," says Storrow. While land title has been contentious, Storrow says the Constitution clearly sets out that treaty rights that are not extinguished still exist. "The province has come to the conclusion that the First Nations people did not drop from the heavens the day after the Europeans arrived." The land title rights tussle will no doubt test the new AG's tenacity, but at the same time he will have to balance the highly public case regarding polygamy charges against two members of Bountiful, B.C. The action was initiated by Wally Oppal, known for his outspokenness, who was defeated last election by Vicki Huntington. De Jong, though, is a politician who has shown he can take the heat — and give it. He has been known to dare mem- bers in the legislature to repeat allegations outside it where they have no immunity. He's a veteran in the house and was first elected to the legislature in a 1994 byelec- tion to represent the electoral district of Matsqui. He was re-elected in 1996 and again in 2001 and 2005 to the new rid- ing of Abbotsford-Mount Lehman. Before his election, de Jong practised law in Abbotsford, B.C. He holds a Bachelor of Arts degree from Carleton University in Ottawa and a law degree from the University of Alberta. — JEAN SORENSEN jean_sorensen@telus.net BC Annual Practice 2010 (Cl 1-3sq).indd 1 client-solicitor interviews from simple bail or appearance hearings, trial lawyers need to ensure it does not become just another bureaucratic substitution for obtaining the best interview possible with a client, says Rob Holmes, president of the Trial Lawyers Association of B.C. and also the B.C. Civil Liberties Association. "You lose something," says Holmes, of communications that is not face-to-face. It is B not what is said, but how it is said in the context of body language, voice inflection, and facial expressions. Lawyers may miss something in their conversations with clients. Also, when an individual is within a corrections facility and part of a video conference, they may not feel confident to disclose full information to the lawyer and it could hinder building a relationship with the lawyer. Yet, video conferencing has been a valuable tool in reaching individuals in isolated areas, and, it has saved valuable court time and expense. "There is a cost and security risk in moving individuals to a courthouse," says Holmes. The main concern is video conferencing be used in ways that do not impinge upon the rights of the accused. In Northern B.C., video conferencing can actually speed the ability of client and lawyer to conduct an interview instead of waiting for the lawyer to travel into a remote area. Lawyer-client video conferencing is being used in four locations: Dawson Creek, Fort St. John, Fort Nelson, and Surrey as part of the B.C. Bail Reform Initiative, a spokesman for the AG's department indicated. The service is supplied free of charge. — JS British Columbia Annual Practice 2010 Edition The Honourable John C. Bouck, The Honourable Madam Justice Janice R. Dillon and Gordon Turriff, Q.C. Bar none the most comprehensive guide to civil procedure in B.C. The latest developments and services, at your fingertips: • Up-to-date rules and legislation • e-notes: Standing order customers automatically receive FREE electronic supplements containing current appellate case annotations with links to the full-text judgement, legislative amendments and other pertinent information. • Paper Supplements: Issued as required to standing order customers including legislative changes, notices to the profession and practice directions • CD-ROM: • the full text of BCAP with links to the full-text of the judgments • Microsoft Word™ 'fillable' Forms, wit a Table of Forms and Index to Forms Order your copy today! 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