Scriv Fall 05.indd

���������
��������������������
�������������������������������������������������������������������������
������������������
������������������������
�����������������������������������������
�������������������������������������
The right stuff . . .
Notary Megan Knight practises
in beautiful South Surrey, BC.
What does it
take to become a
BC Notary Public
?
• Strong entrepreneurial and people skills
• The highest degree of honesty and integrity
• University degree and 5 years’ related experience
• Fluency in English; other languages an asset
• Financial backing
• Dedication to serving the public
These are the characteristics of a BC Notary Public.
There are 323 Notarial Seals throughout British Columbia.
In some communities, Seals are available.
As a BC Notary, you will have the opportunity to enjoy
a rewarding career as an independent businessperson
who serves the public, and sets the example of integrity
and trust for which Notaries are known throughout
the world.
If you have these qualities and are looking for a new
career path, consider our two-year program, conducted
through the Sauder School of Business Real Estate
Program, University of British Columbia.
For more information, please contact:
The Society of Notaries Public of British Columbia
1-800-663-0343 or visit our Website:
www.notaries.bc.ca.
Photo credit: www.WildmanPhotography.com
P U B L I S H E D B Y T H E S O C I E T Y O F N O TA R I E S P U B L I C O F B C
BC WOMEN MAKING A DIFFERENCE
EXECUTIVE DIRECTOR
Pink Power?!
6
G. W. (Wayne) Braid
PRESIDENT
A Smile for Ma: Remembering
Honesty and Passion
7
Chris Dupuis
COVER STORY
KEYNOTE
Vive la différence!
8
Val Wilson
Dr. Stéphanie Côté:
Star-Gazing Made Easy! 38
Visit The Centre of the Universe:
Victoria’s Astronomy Interpretive Centre!
43
18
BC Notaries’ Fall Conference 2005
44
20
PROFILE OF A BC NOTARY: ROVING NOTARY
SOUTH OF THE FRASER RIVER
Leslie Tilander: One Dog at a Time
24
WHERE ARE THEY NOW?
Phyllis Simon: The Nature to Nurture
26
Alice Maitland:
Making a Difference in Hazelton, BC
10
Carmen Zajac: Tragedy and Triumph
12
Alisa Noda:
We Lead Every Day, by the Way We Live
14
Ambur Braid: Inspired by Reality
16
Kelly MacDonald: Working with
Remarkable Young People
Community Women
Who Make a Difference
Nigel Atkin
Catherine D’Aoust:
Helping Women Age Better
27
Adua Porteus: Leading by Example
29
Hali Strandlund: Born to Build
30
Leta Best: Volunteering for Life
31
Kelly Lerigny:
Creating a Better Quality of Life
34
Dave Barclay
Dave Rowan: A Man with a Plan!
The Scrivener
36
48
Roy A. Bishop
50
Society Presidents: 1926–2005
52
Society Directors: 2005–2006
52
FUN & GAMES
Society Presidents Crossword
53
Myles Mellor
What Services Can
a BC Notary Provide?
PRIVATE RECIPE
Faye Wightman: Connecting
Philanthropy with Community Needs
4
Dr. Stéphanie Côté, NRC Astronomer, Victoria
54
Tiah’s Delicious Broccoli Salad
54
Advertising Opportunity
54
Volume 14 Number 3 Fall 2005
BOARD OF GOVERNORS
Larry Stevens Skillfully Serves
The Society and His Community
THE NOTARY FOUNDATION
Spotlight on Good Works: BC CEAS
55
56
Penny Bain
Board of Governors
57
Notary Foundation Contribution to Date
57
Editor’s
Columns
MONEY MATTERS
Are High Oil Prices Here to Stay?
54
58
Ryan Sharp
HEALTH DECISIONS IN BC
The Right to Choose:
Living Wills in British Columbia
60
Catherine Luke
Business to Business
HISTORY OF NOTARIES
Les Notaires de France
63
64
Bernard W. Hoeter
WILLS & ESTATES
A Tribute to the Wills Variation Act
68
Trevor Todd
TAXES
The Disability Amount: Are You Eligible
to Make a Claim?
72
Kathryn Edwards
TECHNOLOGY
Tablet Computers and Software
74
Published Quarterly by
The Society of
Notaries Public
of British Columbia
Editor-in-Chief
Val Wilson
Legal Editors
Wayne Braid
Ken Sherk
Magazine
Committee
Akash Sablok, Chair
Leta Best, Vice Chair
Kathryn J. Greening
Alex Ning
George Tanco
Graphic Design
Graffiki Design
Printing
Quebecor World
Courier
Cheyenne Express
Webmaster
indesigns.ca
The Scrivener is published quarterly by
The Society of Notaries Public
of British Columbia.
Box 44, 1220 – 625 Howe Street
Vancouver, BC V6C 2T6
Voice: 604 681-4516
Fax:
604 681-7258
Website: www.notaries.bc.ca
Email: [email protected]
All rights reserved. Contents may not be
reprinted or reproduced without written
permission from the publisher. This
journal is a forum for discussion, not a
medium of official pronouncement.
The Society does not, in any sense,
endorse or accept responsibility for
opinions expressed by contributors.
Tim Perrin
PEOPLE
78
CANADA POST: PUBLICATIONS
MAIL AGREEMENT No. 40010827
Postage Paid at Vancouver, BC
What’s in a Name?
“A professional penman, a copyist, a scribe . . . a Notary.” Thus the Oxford English
Dictionary describes a Scrivener, the craftsman charged with ensuring that
the written affairs of others flow smoothly, seamlessly, and accurately. Where a
Scrivener must record the files accurately, it’s the Notary whose Seal is bond.
Thus we chose The Scrivener as the name of our magazine: to celebrate
the Notary’s role in drafting, communicating, authenticating, and getting
the facts straight. We strive to publish articles about points of law and the
Notary profession for the education and enjoyment of our members, our allied
professionals, and the public.
Volume 14 Number 3 Fall 2005
The Scrivener
RETURN UNDELIVERABLE
CANADIAN ADDRESSES TO
CIRCULATION DEPT.:
THE SOCIETY OF NOTARIES
PUBLIC OF BC
SUITE 1220 – 625 HOWE STREET
BOX 44,
VANCOUVER, BC V6C 2T6
[email protected]
5
EXECUTIVE DIRECTOR
G. W. (Wayne) Braid
Pink Power?!
W
hen the Magazine
Committee and Val,
our Editor, first came
to me to say they would like to
do an issue featuring women in
BC—and call it Pink Power—
I wondered what that was all
about.
Would we be featuring men in a
future issue called Blue Power?
The theme of Pink Power prompted
me to think of the women in my life who
have been influential.
Of course, my mother comes first to
mind. A product of the Dirty ‘30s, she
grew up in rural Saskatchewan during the
Great Depression, where daily existence
was the most important factor in her
life—not education or recreation or time
off. Survival and hard work were the
ingredients of her daily life.
Every family member, no matter their
age, had to be involved in helping the
parents provide enough money just for
basic needs. It was through this experience
that my mother’s work ethic, creativity, and
character emerged.
My mother was fiercely independent
and a creative and analytical thinker. While
a formal education was not available to her,
6
she was a life-long learner. Her education
came from knowing and understanding
people; she carefully honed her skills of
observation.
I am sure many of us can
recall how our mothers
managed a career,
children, and often the
majority of the home
duties, as well.
During the years my mother raised
me, she taught me to question often and to
have confidence in myself and in whatever
skills I developed. She taught me to respect
all people and their positions and their way
of life. She taught her children to work
hard and not ask anyone to do something
we would not do ourselves.
My mother was the first female
manager of a Sears catalogue store in this
country. She went on to become the first
female regional manager for Sears; her
responsibilities included British Columbia
and Alberta.
She would often tell me how some
male store managers were “put off” by
having a woman supervisor teach them how
to run a store. She would always laugh it off.
My mother never resented those negative
attitudes and just made certain that she
continued to do the best job she knew how.
The Scrivener
I am sure many of us can recall how
our mothers managed a career, children,
and often the majority of the home duties,
as well.
I am privileged to work in this
organization where over 56 percent of our
members are women. On a daily basis, I am
impressed by the intelligence, management
skills, and professional abilities that our
female Notaries exhibit and by the way
they manage staff, their careers, and their
community activities. And they not only
handle their home responsibilities, they
often play the major role of homemaker and
manager of the offspring.
The pages of this issue showcase some
terrific personalities and the tremendous
accomplishments of some of our BC
women. Pink Power? You bet! I don’t know
why the colour pink is applied to women.
I think multi-coloured would be more
appropriate!
My wife Laurie creates beautiful quilts
made with myriad colours and ideas. They
reflect the creativity of the moment or the
day or the personality of the person who is
receiving the quilt.
I see our female Notaries the same
way—able to find balance in life and bring
colour and experience to our Society and
share with us their vision and impressions
in a way that men never will.
I trust you will find this issue of great
interest and education. ▲
Volume 14 Number 3 Fall 2005
PRESIDENT
Chris Dupuis
A Smile for Ma:
Remembering
Honesty and Passion
A
s I enter the second year
of my term as president
and have the pleasure
of writing an article for The
Scrivener yet again, I am
looking at my most daunting
topic to date: Pink Power—
women making a difference in
our province.
I advance toward this theme with the
greatest respect and trepidation . . . one false
step . . . even with the best of intentions . . .
When I asked for some direction, the
general consensus was I should look to
something personal . . . an individual who
has made an impact. Your grandmother, it
was suggested, or another family member or
perhaps a teacher.
It finally came to me! A woman of
influence, strength, and integrity from the
history of our great province—and she had
a great sense of humour to go with it all,
something I value and appreciate.
Who was this woman, you ask? Well,
first a little story. I met this lady in 1971
when I was a grade 7 student at F. W. Howay
school in New Westminster. My teachers
had organized a field trip to
incorporate Geography and
English but, really, it was a
day away from school for
adventure!
Volume 14 Number 3 Fall 2005
We boarded the train at 5:30 AM at
the North Vancouver station and travelled
up Howe Sound to Lillooet. We were
greeted on the platform by our host for
the day, Margaret “Ma” Murray, British
Columbia newspaper pioneer. We had been
prepared or should I say warned that Ms.
Murray was a bit of a task mistress. I was,
however, ill-prepared for what followed.
…I have come to fully
appreciate not only the life
she lived but the times in
which she lived them…
There in a flowerprint dress was a
woman that would do any drill sergeant
proud—barking orders and leading us like
the Pied Piper on a tour of the town and
finally to the newspaper offices for a lecture
on the merits of free press and human
rights. And, of course, the importance
of speaking one’s mind. I was speechless
and enthralled. Ma Murray was like
the Eveready™ Bunny—animated and
passionate and 84 years old at the time!
As I started to write this article, I went
back to look at Ma Murray’s life. She died
in 1982, 11 years after my grade 7 class
meeting with her in Lillooet. Some 34
years later, I have come to fully appreciate
not only the life she lived but the times in
which she lived them and the manner in
which she lived them.
The Scrivener
Proof of the respect Ma Murray
garnered throughout our province can be
found in Hansard. This is part of what
Premier Bill Bennett said in the Legislature
the Monday after her passing:
All members of the House and, indeed,
all British Columbians I am sure
will join me in paying tribute to the
memory of Ma Murray, who died on
Saturday at the age of 95. For 70 years,
her witty and often acid pen kept many
public figures in this province on their
toes. She was blunt, forthright, and
opinionated, but never malicious. Some
of her most notable targets, my father
among them, admired her honesty
and integrity and referred to her as a
friend. Although Ma Murray—I say
“Ma” because nobody ever called her
Margaret—was born in Kansas and did
not come to British Columbia until she
was 24, to my mind she portrayed the
true British Columbia pioneer spirit, a
spirit that built this province.
There are a lot of experiences in life
whose impact you never truly realize for
days, weeks, months, and sometimes years.
What I remember most vividly about Ma
is that she was truly passionate about her
beliefs. Once she started engaging you, it
became evident that she was not a woman
to mess with, on many levels. She was
focused and forthright and had done her
homework on the issues.
Even to this day, I smile to myself when
I see or read something about Ma Murray. ▲
7
KEYNOTE
www.WildmanPhotography.com
Val Wilson
Vive la différence!
T
his issue was a delight to
put together.
Pink Power showcases a few of the
BC women who are making a difference.
The articles focus on many aspects of
life—including work with children,
communities, women’s health, First
Nations, policing, animals, volunteering,
and fundraising.
These interesting items recently came
to light about women who are making a
difference.
8
slammed Gary into the ocean floor.
Realizing he was in trouble, Megan
summoned two surfers to help. They
administered CPR to Gary for 15
minutes on the beach
. . . with no response. The surfers told
her he was dead. The incensed Megan
made a fist with both hands and
began to pound ferociously on Gary’s
chest. She refused to give up on him.
Miraculously, Gary started to breathe!
Making a difference in
someone’s life can come
through a thoughtful
deed, a simple phone call,
or a quiet expression of
respect.
• The Canadian Bar Association’s
annual award is given to members
of the legal profession who have
donated significant time and effort
to community work. Normally, this
award is given to lawyers who've
volunteered for "non-legal" activities.
For example, one fellow received
the award for his efforts for Doctors
Without Borders. Alisa Noda’s award
application, submitted without her
knowledge, gave the CBA reason to
reconsider. They have recognized Alisa
for her grassroots work with West
Coast LEAF—even if LEAF does
pursue “legal” work. (See page 14.)
• For a school project this Fall, the
remarkable Ambur Braid wrote about
her experience working in the slums
of Cité Soleil: “Haiti changed me.
The people of Haiti love so openly
and unconditionally and their beauty
changed the way I view everything
from starvation to death and everyday
family life.” (See page 16.)
• In early 2005, Notary Megan
Knight (see page 3) saved Gary
Holowaychuk’s life. While the couple
was swimming in Hawaii, a huge wave
We impact the lives of others and
others impact us. That’s the way life works.
The desirable distinction is to make your
impact positive!
The Scrivener
Sometimes people we have never
met can affect our long-term goals. My
maternal grandmother in Scotland had
business cards—in 1931. Although she
died before I was born, her achievements
made a difference to me. I have always
felt great pride knowing that I come from
hardy entrepreneurial stock.
Making a difference in someone’s life
can come through a thoughtful deed, a
simple phone call, or a quiet expression of
respect. Showing courtesy and kindness
honours the intrinsic value of people—in
the office, at home, or in traffic.
Ancient teachings claim that
cultivating kindness and compassion
creates happiness. It’s clear that the ladies
featured in this issue love the work they
are doing—and they feel very good about
their efforts!
Here’s a great quote from Diane
Ackerman, writer and poet with the rare
distinction of having a molecule named
after her (dianeackerone).
“I don’t want to get to the end of my
life and find that I lived just the length of it.
I want to have lived the width of it, as well.”
How about adding one more
dimension?
Let’s live in full-blown 3D! ▲
Volume 14 Number 3 Fall 2005
BC WOMEN MAKING A DIFFERENCE!
Alice Maitland:
Making a Difference in Hazelton, BC
A
lice Maitland is the Mayor
of the Village of Hazelton.
She was born there and has
lived there all her life, except for the years
spent away at high school and college. She
is married with four children, who live in
Hazelton, except her youngest son, who
resides in Vancouver.
When you ask Ms. Maitland how she
makes a difference in Hazelton, she will tell
you that making a difference in Hazelton
is not really what she does. She will say
that the Village of Hazelton, a community
of 345 souls and very likely several more
dogs, was always different and that her job
is to maintain and continue that difference
however she can.
of mayor in 1975 and has served in that
capacity since. She points to the history
of the community as being her pattern
of operation. When European settlers
established this community in the latter
half of the 1800s, the original 13 acres,
which comprised the town site, were
purchased from local Gitxsan Chiefs,
divided, and sold to various holders for
development. That show of respect for the
These are our neighbours
and friends. They have
welcomed and helped us,
why should you be afraid?
The Village of Hazelton is located
about three hours inland from Prince
Rupert at the northernmost sweep
of Highway 16. The Village and the
neighbouring Gitanmaax Village are
situated at the confluence of the Skeena
and Bulkley Rivers, guarded faithfully
by the towering Rocher de Boule peak—
known to the long-resident First Nations
as Stekyawden—and nestled in the valley
surrounded by the arms of the Hazelton
Mountains.
After six years of service as a
councillor, Maitland ran for the office
10
Alice Maitland
The Scrivener
ownership of the territory by the Gitxsan
people who live there set the precedent for
the relationship that reaches to the present
day in the shape of the amalgamation of
schools, of agreements, and of the sharing
of the water system, the sewer system, the
fire department, and other services that in
fact make the neighbouring Gitanmaax
reserve and the municipality a seamless
settlement in most respects.
Maitland will cite an event, soon after
the area was settled, when the government
warned the new settlers that to be safe from
the hostile First Nations, they should take
refuge in the Hudson’s Bay Bastion. John
Field, an Anglican missionary of the time,
took matters into his own hands, telling
people to stay in their homes. “These are
our neighbours and friends. They have
welcomed and helped us, why should you
be afraid?” The residents listened, stayed in
their homes, and went about their business
and no hostility ever erupted.
Alice will point to the first mayor of
Hazelton, Polly Sargent, who recognized
the importance of the Aboriginal history
and culture in the lives of all the people
who live there and who worked to establish
‘Ksan, a museum of stone-age Gitxsan
and Wet’suwet’en culture that reflects the
lifestyles and culture of the people who
have lived in the Skeena watershed for at
least 10,000 years.
Volume 14 Number 3 Fall 2005
She remembers, thankfully, Doug
Aberley, a young administrator hired early
in her mayorship, who recognized the value
of the pioneer history of the village and
lobbied the government for Grants. He
sold the idea of restoration to the citizens,
so that today the village holds an aura of
history and mysticism and timelessness that
is married to the gorgeous surroundings in
which it is situated.
To Alice Maitland, making a
difference in Hazelton means working
with councillors who share the values and
aims that have been, historically, a part of
Hazelton. It means finding a way to join
those to the necessity of overcoming the
bankruptcy of the single local industry
and to build, in the Village of Hazelton
and the surrounding communities, a new
and vital economy that respects the First
Nations’ concerns and protects the shared
lifestyle and connection to the land that
have existed in this area for a century-anda-half. Making a difference means being
vigilant; it means speaking out consistently
and persistently against threats to the local
Volume 14 Number 3 Fall 2005
environment. It means fighting for the
right to share in the management of the
destiny of those communities.
Making a difference in Hazelton
means speaking out fearlessly against the
attitudes of our modern governments, who
have forgotten that small business and
small communities built this country and
this province—and they will continue to
be the lifeblood of progress.
…our modern
governments…have
forgotten that small business
and small communities
built this country and this
province—and they will
continue to be the lifeblood
of progress.
“How,” she asks, “can any province
or country be strong when the small
communities across the countryside
are being starved to death? How
The Scrivener
can a province or country be strong
when local education, health services,
communications, and even transportation
are being withheld or cut from small
communities because of the expense of
delivery in rural and remote areas?”
Maitland ends by reminding us all
that Dr. Seuss knew about her troubles
when he wrote Horton Hears a Who. The
Whos were very small, with very small
voices (Maitland translates this to “not
many votes”) and they had to scream at the
top of their lungs to get Horton’s attention.
“We live in hope,” she says, “that there
is a ‘Horton’ out there who will get our
message. Meanwhile, we will just keep on
following the ideals and dreams that have
always driven this community; we will keep
on working with the Gitxsan to make our
whole community a great place for kids to
grow up in and a safe place for all people.
We will work to build a strong community
with an economy that respects the
environment and every soul who inhabits
this ancient territory.” ▲
11
BC WOMEN MAKING A DIFFERENCE!
Carmen Zajac:
Tragedy and Triumph
M
el Zajac and his family
are well known in
Vancouver’s business
community for building and
managing the Pacific Palisades
Hotel in Vancouver.
All five Zajac offspring were full
of zest for life and the people around
them. Corinne, Carmen, Karen, Mel Jr.,
and Marty strived for success in their
education, careers, and relationships.
Carmen worked at the Pacific Palisades
from 1973 to 1982 and later in real estate
in Arizona.
Zajac family has turned a tragedy into a
exceptional gift to special needs children
across the province.
In July 1986, the Zajac family was
struck a painful blow. Mel Jr. died in a
kayaking accident. Carmen returned to her
family and the hotel business to work as
Assistant Manager of the hotel.
They have recently opened the Zajac
Ranch for Children, a specially designed
Summer camp facility safely providing
camping experiences to children with
chronic illnesses and/or disabilities.
Located on the shores of Stave Lake,
Mission, BC, it is a place where children
can meet other campers with the same
disease or illness and build friendships, selfesteem, and confidence.
While the family was still
grieving the loss of Mel Jr.,
the unthinkable happened.
While the family was still grieving the
loss of Mel Jr., the unthinkable happened.
Eight months later, in March of 1987,
Marty died in a heli-skiing accident.
Amidst their overwhelming feelings
of grief, Mel Zajac and his wife Irene (now
deceased) decided to create something
positive out of the loss of their two sons.
They created the Mel Jr. and Marty Zajac
Foundation. Mel is Chairman of the
organization and Carmen is President.
Carmen speaks at numerous conferences and
meetings, spreading awareness and gaining
support.
12
The focus of the Foundation has been
on raising money for seniors and special
needs children in BC. The Foundation
maintains excellent fiscal responsibility,
ensuring administrative costs remain minimal
at approximately 8 percent of total costs.
Although the deaths of Mel Jr. and
Marty remain a significant loss, the
The Scrivener
Carmen’s determination and ambition
account for the current success of the
Ranch, the only special needs camp in
BC to open its doors to all volunteer and
health organizations and agencies from
across the province. Fully operational
medical facilities—capable of providing
complex medical treatments such as
dialysis and chemotherapy—make the
camp experience a reality that special needs
children otherwise would not have.
Smiles and safety help children feel
comfortable and gain independence while
away from home.
Volume 14 Number 3 Fall 2005
Water adventures such as swimming,
kayaking, and canoeing let campers develop
athletic skills some have only dreamed of.
Children’s faces light up when they ride a
horse for the first time in the Ranch’s riding
program.
“This project has been a labour of love
for our family,” Carmen says. “I share my
dad’s vision and understand the legacy he
wants to create in memory of my brothers
for the province and perhaps across
Canada. I want to see that dream and
vision achieved.”
A lot has happened at the Zajac
Ranch since its opening. In the past year,
a wheelchair accessible amphitheatre,
stage, and fire pit have been built to fully
integrate wheelchair-bound children
with their peers. An authentic tipi village
constructed for overnight camping
experiences is a favourite of the campers.
New paddocks were built to house the
horses used for the riding therapy program
and a covered gymnasium allows programs
to run year-round.
with kidney disease and epilepsy totalled 11
children. This year the group is 49 strong.
We will continue to create awareness and
funding to support these children.”
If Zajac Ranch did not
exist, these children would
grow up never knowing
what a camp experience is.
A lot of her time goes to connecting
with families dealing with a child—or
sometimes multiple children—with
medical challenges. “I want to give children
a part of their childhood back,” she
explains. “There is nothing like seeing the
smiles on children’s faces or the excitement
they feel when they’ve had a week at camp
for the very first time. My dream for the
ZR would be that no child be left behind.
Sounds cliché, but we feel that every child
Camp programs are designed for children of
all mobilities and abilities.
that wants to go to camp should go to
camp—despite the challenges he or she
may face.”
“If Zajac Ranch did not exist, these
children would grow up never knowing
what a camp experience is. I want to see
this dream and vision achieved, despite
the challenges we may face throughout the
journey.” ▲
The Zajac Ranch for Children has
received over $4.5 million in donations
and $500,000 of in-kind donations.
They still need $5.5 million to finish the
second and third phases.
www.zajac.com
Carmen Zajac and her family have
been busy behind the scenes. Carmen
oversees the business operations at the
Foundation headquarters. “The majority
of my time is spent reaching out to the
community in developing relationships
to increase our fundraising efforts,”
says Carmen. The list of donors—both
corporate and individual—is impressive
and volunteers have provided thousands of
hours of their time.
By building public awareness, Carmen
has increased the number of children
attending camp. “Last year, a camp for kids
The friendships and experiences kids gain from the Zajac Ranch can last a lifetime.
Volume 14 Number 3 Fall 2005
The Scrivener
13
BC WOMEN MAKING A DIFFERENCE!
Alisa Noda:
We Lead Every Day,
by the Way We Live
A
lisa Noda is a Vancouver
born-and-raised Canadian
of Japanese descent.
Her mother immigrated to Canada from
Japan after WWII and her father was born
of Japanese immigrants in Steveston, BC.
“My parents met in Yokohama when
my dad elected to be ‘repatriated’ to
Japan,” says Alisa, “after being interned for
over five years in a prisoner-of-war camp
on Angler Island in Ontario. The JapaneseCanadians were not permitted to return to
BC where my dad had made his living as a
fisherman from the age of 9; his boat and
the family home had been confiscated and
sold, so there was basically nothing to go
back to.”
She grew up on the east side of
Vancouver in schools and neighbourhoods
populated by all the peoples of the earth, it
seemed to her. “I still feel most comfortable
in the cosmopolitan world that is
Vancouver, but I’ve lived in Manitoba and
Ontario and have visited every province
and territory (except Nunavut) of this
wonderful country called Canada.
“Although my father passed away in
1992 and my first husband in 1993, I am
still blessed with the presence of my mom,
14
two brothers and a sister, their spouses,
and 10 fun-loving nieces and nephews.
Two of those youngsters are courtesy of
my husband’s family, who are also all living
here and very close. My husband Mark is
the best part of my life.”
Well, I think it’s good
you’re a lawyer. Now, go
out and kick some ass.
In 1980, Alisa began a teaching career
just when teachers were being laid off.
Demographics were such that she and her
first husband, also a teacher, recognized it’d
be at least 10 years before there’d be work
for them. They decided one of them had
to go back to school so she “haphazardly
wandered into a profession that I knew
absolutely nothing about.”
She loves to tell the story of her
eventual call to the bar when she asked
her dad, a man of very few words, what
he thought of her becoming a lawyer. “I
thought he’d comment about my being a
girl in a man’s profession. Instead, he said,
‘Well, I think it’s good you’re a lawyer. Now,
go out and kick some ass.’ It was the law
that had taken away his rights as a young
man and his daughter would now wield the
law to protect others from similar abuses.”
The Scrivener
When Alisa was assigned Aboriginal
law work for the Crown, it was a time when
“real” lawyers didn’t consider Aboriginal
law to be “real” law. She saw it differently.
“I knew instinctively that the First Peoples
had rights, culture, and history that were
valid and deserving of legal recognition. My
research suggested that to acknowledge their
claims, we would need to go to the very core
of what the law stands for: justice. I believed
successive governments had been wrong in
the positions taken before the courts and
that, eventually, Canada and the courts
would agree. I wanted to be there when that
happened.”
After articles and six years at the
Department of Justice, she began private
practice, working directly with First Nations
and their members. Now, after nearly 19
years in this field, she is one of those lucky
souls who get to do work they love—and
be paid for it. “The best part is the people
I work with and for, both Aboriginal
and others. They are, without exception,
visionary, courageous, practical, and
inclusive. I am honoured to serve them.”
When asked what motivates her, Alisa
says, “I am one of those people who can
only do things I find meaningful, even
if this sometimes means having to look
for that meaning. I am also driven to
be useful, which in turn can drive other
Volume 14 Number 3 Fall 2005
people nuts! It’s a good thing I’ve become
a lawyer, as this allows me to legitimately
do meaningful, useful work while annoying
others—hopefully not my clients.
“I would hope that any good I am
doing today comes from a genuine desire
to make a positive difference, whether
big or small. I think a smile and friendly
word can make all the world of difference
because who we are will always be reflected
and repeated from person to person, to the
ends of the earth. I believe we are far more
interconnected than we may know, spirits
journeying in human or other forms who,
by definition, have no boundaries.”
She has had the good fortune to be
able to volunteer, she says. As a young
person, Alisa volunteered at school, church,
youth camps, and charities. That satisfied
not only that “usefulness” urge, but also her
curiousity. “I love to learn and experience
because it leads to growth.”
As an adult, Alisa volunteered
with West Coast LEAF, the BC branch
of the Women’s Legal Education and
Action Fund (LEAF), from February
1997 to June 2004. LEAF is a national
organization dedicated to improving
women’s equality rights, both legally and
as lived experiences. “I am proud of the
work it does before the courts and with
partners in education and government.”
I think a smile and friendly
word can make all the
world of difference…
It is also a wonderful place to connect
with other women whose qualities of
compassion, intelligence, and commitment
“make them a delight to be with. I currently
serve on the national LEAF Board, as I have
since April 2003, and enjoy the challenges
and opportunities that affords.”
The work Alisa did with West Coast
LEAF has recently been honoured by a
Canadian Bar Association community
service award. “I’ll accept it,” she says,
“but only if I can share it with those who
allowed me to serve with them. What I
learned about leadership, friendship, and
myself has been immeasurable.”
In June of this year, she returned to
her “roots,” taking on a director’s position
with the National Nikkei Museum &
Heritage Centre. “Our mandate is to
educate and inform about the experiences
and contributions of Canadians of Japanese
ancestry and to document these for all of us.
It has been thoroughly enjoyable to rediscover
the community of my youth. My first
language was Japanese, which I spoke until
Kindergarten. Today, though, you’d think I’d
never heard a word of it in my life.”
We asked Alisa what she sees for the
future. “We usually understand time as
a continuum, with a beginning, middle,
and end, and a definite direction. But the
future, to me, is the present. I learned a
powerful lesson on this year’s anniversary of
my first husband’s death. I always hike out
to where his ashes were scattered and spend
a few moments in silence, letting the sound
and smell of the ocean wash away the
world, my work, and my worries. (Other
people do this sort of thing regularly. I
think they call it ‘meditation.’)
“This year, I looked around at the
enormous slabs of rock on which I sat and
recognized that they were ‘perfect’ in time
and space, exactly as they were. No one
would say that the huge fissures, the scars
of past battles deep within the earth, the
clinging sea life and erosion by pounding
surf, and even the seagulls squatting on
them, detract from their profound beauty,
completeness, and authority.
“If we accept our perfection in this
time and space, then the future becomes
the present and we are fully ourselves—
profoundly beautiful, complete, and
authoritative. I would like to live that
way each day and, by example, encourage
others to be ‘perfect.’ Then, if I’m right
about our interconnectedness, our world
will also be perfect. Talk about making a
positive difference!” ▲
Alisa and her dear Juba
Volume 14 Number 3 Fall 2005
The Scrivener
15
BC WOMEN MAKING A DIFFERENCE!
Ambur Braid:
Inspired by Reality
A
Letter to Wayne Braid
from his daughter.
Hi, My Dear Daddy:
Yesterday the taptap (small covered bus)
was stopped by 12 men with machine guns
when we were on the way to our kitchen
site in Cité Soleil.
They pointed the guns into the back
and asked who we were and what we were
doing. Our five Haitians with whom we
go everywhere told them and they let us go
on our way to work. One of the girls went
hysterical and sobbed. Others were just
shocked and frozen.
Soon after, shots were heard because the
UN and the police made their way to those
men and they stopped our taptap to see if
we were them!! Anyways, as luck would have
it, I had gotten off the taptap 2 minutes
before it was stopped by the guards. Ha-ha!
Joy and I were carrying a huge suitcase of
baby stuff to the clinic when that happened
to the rest of the group.
Things are going well at the clinic. We
have been able to unwind one boy’s legs by
massaging and stretching a lot. We take the
others out of their beds and it annoys the
nurses. I only have one day left with the
kids and it’s tough. I’m scared of what will
become of them. Their legs will entwine
again; their bedsores will bleed again.
There is one girl who has AIDS who has
been there for three years. She pouts and
screams whenever I’m not holding her. It’ll
be hard to leave her.
Last night I had an emotional
breakdown. I couldn’t talk; I just convulsed
while I sobbed. I’m not sure exactly what
the reason was, but for the entire trip so far
I’ve been stifling tears.
When I went to the school every class
stood up and sang for Joy and me, then
said their thank yous. One girl said that
her parents both just died and school is
so important and the only meal she has
is the one at lunchtime in the kitchen we
built. That was intense. These kids . . .
I was holding back tears in every single
classroom. Then at the clinic, I’m always
frustrated. Being here is exhausting.
But I never saw beauty before I came
here. Seeing a hungry child share a banana
with three others is beautiful. Suffering
is turned into love and suffering can be
beautiful. These people are such survivors.
They show how sacred a life is. They can
teach everyone a lesson in faith. I honestly
16
The Scrivener
Volume 14 Number 3 Fall 2005
don’t understand why missionaries come
here. You can’t preach to the preachers.
These people are IT when it comes to having
COMPLETE faith in God. God is Haiti.
It costs US$200 to send a kid to school
(including uniform, books, and one meal a
day) for one year. Some people send a family
$100 a month, but that’s a lot here.
It costs US$200 to send a
kid to school (including
uniform, books, and one
meal a day) for one year.
I have never been so moved or so
inspired by reality.
I’m hungry. We don’t eat much here.
You said before that you would prefer
me coming on these trips with the UN or
something. Well, I’ll explain why later, but
they get killed everyday. When you don’t
respect Haiti, Haiti doesn’t respect you. They
{the UN} come and decide what they think
is needed, drive around in nice, big SUVs
and have their guns pointing at people at all
times. We come and ride public transit, chill
with the locals, talk to the elders, and they tell
us what is most important to them and what
should be accomplished first.
to the slums everyday to work and they
won’t let him in because it’s so dangerous.
Then he told me to “stay safe and keep
my head down” . . . I couldn’t believe
it. You don’t come here to help people
by keeping your head down! We make
a point of losing ourselves in the work
we do and being aware of all the beauty
and suffering and love and anger that is
surrounding us. Just so you know, we
are safe because our guides are all former
street kids. They know everyone on the
streets and they protect us.
I met a guy yesterday from
Cincinnati who was jealous because I go
It’s a truly remarkable experience.
I’m glad I came with a flexible group that
Volume 14 Number 3 Fall 2005
above all respects the people we’re working
with and does not look down at them as
hopeless, pathetic victims.
The Scrivener
I love you lots.
Ambur
Following her return from Haiti,
Ambur worked for a month at Aritzia
in Toronto, then went to Italy to attend
an opera vocal school for five weeks.
Recently invited to audition at the Julliard
School of Music in New York City,
Ambur was one of two people selected
by Professor Daniel Ferro of the Julliard
school to attend his Opera Music school
in Greve, Chianti, Italy. Ambur has now
returned to Toronto to complete her
fourth year at the prestigious Glenn
Gould School of Music. ▲
17
BC WOMEN MAKING A DIFFERENCE!
Kelly MacDonald:
Working with Remarkable
Young People
She has provided legal advice to
provincial and national First Nations
organizations and is a senior adjudicator
for the national residential schools
alternative dispute resolution process.
“I am an Aboriginal lawyer of Haida/
Tsimshian and Scottish heritage,” says
Kelly. “I obtained a Master’s in Law in
2000, in the area of First Nations child
welfare. Professor Bob Reid, a good friend
and mentor, was my thesis advisor.”
A single mother with an 11-yearold daughter, Kelly is involved in youth
advocacy. In an article in the Victoria Times
Colonist, February 28, 2005, journalist
Judith Lavoie reported that “more than
45 per cent of the approximately 10,000
children in the care of the province are
Aboriginal, but First Nations represent
only 8 per cent of the population.” That
topic was part of Kelly’s Master’s thesis.
Chosen from approximately 98
applicants, Kelly was recently appointed
18
to her current position—BC’s first
Deputy Child & Youth Officer
(Aboriginal Services) —as a result of a
historic agreement between the Child &
Youth Officer (Jane Morley, QC) and
the four provincial Aboriginal Political
organizations (First Nations Summit,
Union of BC Indian Chiefs, Métis
Provincial Council of BC, and the United
Native Nations).
My reward is getting to
work with, and on behalf
of, some remarkable
young people. They have
such great hope and
optimism.
passionate about making a positive
contribution for Aboriginal peoples and
am motivated by the contributions and
work of my ancestors. My reward is getting
to work with, and on behalf of, some
remarkable young people. They have such
great hope and optimism.”
Kelly is working hard on improving
relationships between non-Aboriginal and
Aboriginal peoples. She hopes that “by
working respectfully with representatives of
government, I can lead by example.” ▲
The mandate of the Deputy Child
and Youth Officer is to “support, observe,
and advise.” In effect, Kelly serves as an
ombudsman for Aboriginal children,
youth, communities, and families and
as liaison to Aboriginal peoples and
government.
Photo Credit: Mark Van Manen/Vancoouver Sun
K
elly A. MacDonald,
BA, LLB, LLM, has
been practising law for
14 years.
“I am truly excited about this new
position and the opportunity to make
a difference in the lives of Aboriginal
children, youth, and families. I feel
The Scrivener
Volume 14 Number 3 Fall 2005
BC WOMEN MAKING A DIFFERENCE!
Nigel Atkin
Community Women
Who Make a Difference
T
he individuals in this
article represent many
women who are making
a difference, relentlessly
serving the interests of others
and developing their ability to
respond to their communities’
own needs.
While many women receive
recognition, many more—the vast
majority—get no recognition at all. They
quietly press on, serving their children,
families, and communities. They, too,
deserve recognition, often on a daily basis.
I recently helped the Victoria
Foundation bridge communication
between the foundation, four regional
trust advisory committees, and many
First Nations, independent Bands, Métis,
and urban Aboriginal organizations
strengthening the transition to Aboriginal
children and family program management.
In this initiative, funded by the
provincial Ministry of Children and Family
Development, regional communitybased committees sought proposals from
Aboriginal communities and disbursed
some $2 million per region at arms’ length
from government.
20
In many cases, this was the first time
Aboriginal communities were asked what
they would do to support Aboriginal
children safely residing within their families
and communities, then were provided
funding to carry out what they proposed.
In many cases, this
was the first time
Aboriginal communities
were asked what they
would do to support
Aboriginal children…
In this unique program, Grant criteria
included projects that:
• provided “new” strategic and
innovative approaches;
• supported culturally sensitive
alternatives to caring for children and
extended families;
• supported community capacity to
strengthen families;
• promoted less intrusive measures;
• encouraged pro-active family issue
resolution; and,
• reduced the number of Aboriginal
children in care.
In this experience, many women are
making a difference to children, their
The Scrivener
families, their communities, their heritage
and culture, and in many cases to British
Columbia, Canada, and the wider nonAboriginal society.
Women are enacting systemic change
and making it easier for Aboriginal culture
to interface with institutions. There
are Aboriginal family support workers,
youth liaison workers, and a host of other
alternative variations—including new
Aboriginal organizations where Aboriginal
workers have their feet in both cultures—
providing liaison between families and
institutional service providers, acting in
fact as “interpreters,” thereby lessening the
fear and developing trust with individuals,
their children, and families.
Some individuals are providing
“bi-cultural” services, recognizing the
value of both the Aboriginal and nonAboriginal paths that can be followed. In
today’s world, both are recommended.
Aboriginal people who can function well
in both cultures not only serve themselves
better, they demonstrate a useful model to
emulate as the trends of globalization and
tribalism accelerate on the national and
international stage.
There is a long way to go to bridge
institutional programs with the real
needs of individual families in Aboriginal
communities, but many women are
quietly making a difference in their own
Volume 14 Number 3 Fall 2005
people in the R’N8ive (Our Native) Voice
“Seen and Be Heard” youth project,
ONA’s Vanessa Mitchell emphasized that
“youth are now,” not something that
just happens in the future. Mitchell said
the program connected young people
with their history and culture, developed
interactions with Elders, and also taught
them about the effects of alcohol and
drugs with a trip “into the living room of
the homeless in Vancouver.”
What’s being accomplished
in these British Columbia
organizations has
the potential of rippling
across Canada.
Addressing a large community workshop
in Westbank in August, Okanagan Nation
Alliance Executive Director Pauline Terbasket
discussed the importance of integrating
best practices of Indigenous child welfare,
supported by culture and tradition, into
contemporary service organizations.
territories. And many non-Aboriginal
women are effecting a positive respect
and understanding of Aboriginal culture
and tradition in institutions. It isn’t just
Aboriginal people who need to build
capacity. Capacity to handle Canada’s
diversity also needs to be developed in nonAboriginal organizations.
“Self-esteem, cultural awareness
and pride, and the strengthening of
relationships between and among
generations all helped them understand
the link between choices made today and
the consequences of those choices for later
life,” Mitchell said.
In the Lower Similkameen Indian
Band, a project called “Fostering in Our
Communities – Beyond Limitations” is
Changes on the Ground
Of many examples from more than 116
projects currently funded in the Victoria
Foundation initiative in four regions to
date, here are a few of them.
While progressing in the planning
stage for the development, devolution, and
implementation of services to Aboriginal
children and families, community women
are leading innovative projects. Okanagan
Nation Alliance (ONA) Executive
Director Pauline Terbasket said projects are
successfully integrating cultural knowledge
and best practices in indigenous child
welfare into active service delivery.
For example, working in eight
Okanagan communities with 78 young
Volume 14 Number 3 Fall 2005
Working with Okanagan youth, Vanessa
Mitchell holds a staff representing youth
involved at the R’N8ive Youth “Seen and
Be Heard” project that involved 78 young
people in eight Okanagan communities this
Summer.
The Scrivener
21
models have been sharing their knowledge
and inspiration with newer leaders and that
Aboriginal Big Sisters are being matched
with Little Sisters in culturally sensitive
relationships.
In the Interior, another innovative
Grant to Big Brothers Big Sisters of
Kamloops helped fund an Aboriginal
In-School Mentoring Program in which 17
Aboriginal relationships were established
in the past school year. What’s being
accomplished in these British Columbia
organizations has the potential of rippling
across Canada.
Donna Roach, Executive Director of Aboriginal Circle of Elders in Surrey, holds a bear mask
recently donated for fundraising to help sustain the project, which was initially funded by the
Victoria Foundation.
being undertaken. Lisa MontgomeryWard said, “We understand that the
Child, Family and Community Service Act
will govern our process; therefore we are
making our model of fostering that is
more culturally relevant to our traditional
customs, which will work within the
current process.”
In another example of making
a difference, Big Sisters of the BC
Lower Mainland received a Grant for
a First Nations Big Sisters Mentoring
Program and Education Initiative.
Shannon Newman-Bennett reported that
accomplished First Nation women role
This training has removed
fear, educated our women,
and empowered our people
to become involved…
Stopping the transfer of guardianship
to the state is an underlying goal of many
trust fund initiatives. Donna Roach of the
Aboriginal Council of Elders in the Fraser
Region tells a story of when an Elder—a
guardian of three grandchildren—passed
away, community organizations were able
to stop the apprehension of the children
through mediation and consultation. With
the Elders’ support, they were able to place
the children with the birth father, who
is being assisted by the father’s sisters in
the raising of these children. Donna said
this is the Aboriginal way and that the
child must live, belong, and grow within
the environment of human relationships
rooted in their extended families, their
clan, and community.
In another community, a small
Grant to create the Squiala First Nation
Developing self-esteem through culture and tradition, young Métis dancers in the Mooshum Bob’s Métis Cultural Camp in the Fraser region perform
in front of area social workers who are becoming more aware of the importance of Aboriginal culture in the services they provide.
22
The Scrivener
Volume 14 Number 3 Fall 2005
Community Care Committee resulted
in a committee of six women working
in conjunction with organizations to
provide parenting workshops, advisory,
and problem-solving services. Thanks to
the efforts of the care committee, in one
case children whose parents were killed or
severely injured in a traffic accident will
not have to go into a foster home but will
stay permanently with family members.
works for everyone in society. Ana Trottier
of the Métis Child and Family Services
said that the culturally sensitive case plans
that support children to remain with the
families are efficient. She said an economic
cost-benefit analysis of the “Families
are Forever” program in Kamloops
demonstrates a reduction of overall service
costs and complements the other obvious
benefits to children.
As one woman recounted, community
members have learned that “we do have
the capacity within the community” to be
involved in decisions made by government
agencies. “This training has removed
fear and has educated our women and
empowered our people to become involved
rather than sit back in apathy,” Donna said.
Communication remains vital to
effecting healthy children and families.
In the North, women are effecting
systemic change to colleges and universities
to make relevant, culturally sensitive
changes to institutions. The Skidegate
Band Council received a $60,000 Grant
for “Early Childhood Learning with A
Social Context” program. Northwest
Community College took up the challenge
and provided another $100,000 to provide
community early childhood education
that will provide cohesion to the services
available to children and parents within the
village. Haida Education Director Vonnie
Hutchingson said the on-site accredited
program is open to anyone on Haida Gwaii
who is interested in working with young
children and who meets the ECE program
admission requirements.
In Prince George, Carrier Sekani
Family Services—funded and supported
through the Victoria Foundation, the
Law Foundation, and the University of
Northern British Columbia—is offering
family dispute resolution and mediation
training. Policy and program development
officer Travis Holyk said some 22
individuals, the majority of them women
from different communities in the territory,
have enrolled and the project has “ignited
interest in community-based mediation
practices and justice in general.”
Building programs such as these,
with the culture and tradition of the
communities woven into family service,
Volume 14 Number 3 Fall 2005
Bernice Saunders reports that the
community in the Bonaparte Indian Band is
coming together through their project called
“Grief in a Gentle Way.” She said the hard
work of the chief and council and the social
development team made this successful—
“we learned that the community is strong
once we come together.” In another
community, the Carrier Chilcotin Tribal
Council received a Grant to hold awareness
workshops on family support, parenting,
self-respect, and keeping families together.
This community is going to continue this
initiative with volunteers and will resume its
community workshops.
Communication within communities
and between communities from this project
is also continuing. In St. Mary’s Indian
Band, located in the Kootenays, a Grant
funded the development of the Raising
Our Children guidebook. Irena Whitehead
said the project helps empower parents.
Community family leaders and Elders were
involved in the guidebook’s development.
While touching on some culturally specific
areas, the guidebook covers universal
information regarding raising children.
The guidebook is being shared widely in
Aboriginal and non-Aboriginal communities
to communicate some clear information
that will help others make a difference.
There are many other stories to
tell—stories of building capacity, of systemic
change, and of communities returning to
intelligent long-term cost-saving alternatives
that are culturally sensitive and effective. ▲
Nigel Atkin, BSJ, MA, is a
communication consultant and instructor.
Voice: 250 889-3349
[email protected]
The Scrivener
23
BC WOMEN MAKING A DIFFERENCE!
Leslie Tilander:
One Dog at A Time
“
My profound respect and
appreciation for all living
creatures was encouraged
and nurtured from a very early
age by my parents.
“From the time I was a small child,
I knew animals would play an integral role
in my life, but I could never have imagined
where that love would lead me.”
It took Leslie Tilander a while to find
her niche. She volunteered at her local
SPCA to dog-walk, fundraise, and do
adoption follow-up and fostering.
She was especially fond of smallbreed dogs, but she wasn’t seeing many at
the shelter. Small-breed dogs were always
quickly adopted. “That’s a good thing,”
says Leslie, “but I noticed that many
people going to the shelter to adopt little
dogs would leave discouraged when they
couldn’t find any. Often, these people
would end up going to pet stores and
backyard breeders to purchase small-breed
dogs. In so doing, they were unknowingly
supporting puppy mills and unscrupulous
breeders—people who breed solely for
profit with no regard whatsoever for the
well-being of the animals.”
“I was amazed and impressed by the
screening process involved in adopting a
dog from that group, as well as the postadoption follow-up. I learned that many
rescuers pay for the majority of their
expenses out of their own pockets.
I wanted to know more about this special
breed of people.”
There are rescue groups for almost
every type of animal—from hamsters and
rabbits to lizards and snakes and of course
From the time I was a
small child, I knew animals
would play an integral
role in my life…
cats and dogs. Leslie discovered that smallbreed dogs were being euthanized by the
thousands after a mere four days in Los
Angeles city shelters because of critical
overcrowding, while people in BC were
buying pups from pet stores and backyard
breeders. She knew she had to get involved
to help bridge that gap.
So in September 2002, Furever After
Small Dog Rescue was born. “I contacted
various rescue groups in the Los Angeles
area to see how I could help. It took a lot
of communication and dialogue back and
forth to finally establish trust and find
an LA rescue group willing to work with
me but, over time, I formed a wonderful
working relationship with a group called
A local puppy mill had been recently
closed down and Leslie heard that some of
the dogs were in the care of a rescue group.
She was interested in adopting two of the
adult “breeder” dogs.
24
The Scrivener
Volume 14 Number 3 Fall 2005
Life 4 Paws in the West Valley area of Los
Angeles.”
With their help, to date, Furever After
Small Dog Rescue has played an integral
role in the rescuing and re-homing of 30
dogs, dogs who were otherwise destined
for euthanasia. Although the majority
came from LA, a few were local dogs.
Leslie has been asked to help with a few
BC dogs with high medical needs or who
have been extremely stressed in the shelter
environment.
Even though the concept seems
simple, the organization necessary to rescue
small, abandoned dogs is intense. Leslie
says most rescuers spend half their lives on
the computer, organizing transportation
and foster care as well as screening
potential adopters. Thank goodness for
email! The phone bills would be staggering.
Once in the care of Life 4 Paws, the
dogs go to foster homes in LA for one to
two weeks. The foster homes assess their
temperaments and identify any immediate
medical needs.
Prior to leaving Los Angeles, the
dogs are vet-checked, spayed/neutered,
microchipped for permanent identification,
and vaccinated. Then they are flown
to Vancouver. Furever After Small Dog
Rescue places them in interim foster homes
where any behavioral issues and further
medical conditions can be addressed.
She says, “Because small-breed dogs
are particularly susceptible to gum disease
and tooth decay—which is painful and
can lead to other health problems—I make
it a priority to take care of their dental
health, which has generally been ignored or
neglected in their past.”
The foster parents in BC have
the opportunity to get to know a dog’s
individual personality. The dogs are listed
for adoption online at www.fureverafter.
petfinder.com. Every effort is made to find
the best possible match between dog and
family. Adoption support and follow-up
via telephone, email, or home visits—
depending on the situation—ensures a
successful transition of the new family
member into the home.
Volume 14 Number 3 Fall 2005
The cost of transporting each dog
from LA to Vancouver is generally over
$100 and it is not uncommon to spend
$500 to $600 per dog in medical costs.
Although adopters pay a small adoption
fee to help cover some of the costs, the
majority of the expenses are paid from
Leslie’s pocket. “Fortunately, I work as a
registered nurse and often work overtime
to help pay the bills.”
The process of rescuing
and re-homing abused
and neglected dogs is
physically, emotionally,
and financially demanding,
The process of rescuing and re-homing
abused and neglected dogs is physically,
emotionally, and financially demanding,
but the rewards are so worthwhile, she
says! Occasionally, when the bills seem
overwhelming, small fundraisers such as
garage sales or bake sales are organized
to help offset costs. Leslie is currently
exploring the option of applying for official
non-profit charity status, to provide tax
receipts for people who would like to
donate funds to help the dogs.
In addition to finding homes for
abandoned dogs, she cares for her own
brood! Several of her dogs, deemed
unadoptable for behavioral and/or medical
reasons, are now thriving in a loving home
environment. “Many dogs are surrendered
to shelters because their guardians fail to
seek veterinary care for them; they simply
believe their problems are behavioral in
nature,” says Leslie.
Leslie is always looking for reliable
volunteers to help with fostering,
fundraising, and transporting dogs within
BC. “The problem of pet overpopulation
is extensive and ongoing, but I am
committed to making a difference, one dog
at a time.” ▲
If you would like to help, please email
[email protected].
The Scrivener
25
BC WOMEN MAKING A DIFFERENCE!
Phyllis Simon:
The Nature to Nurture
“
One of my mentors, John
C. Walker, of Swan River,
Manitoba, was a lawyer.
“His secretary taught me to always
remember that behind every piece of legal
paper is some aspect of a person’s life. Never
lose sight of the people amid the paper.”
John died before Phyllis became a
Notary Public but she is confident he
would have approved of the way she has
kept his instructions.
Herbert Nagler and his wife Resi were
referred to Phyllis by a teller at their bank.
Initially they attended her offices annually
to complete a declaration that Herbert
was alive, as was required for his German
pension. Over the years they visited her office
for various other services. “Their warm and
friendly manner made the day better for
their having been part of it,” says Phyllis.
A while later, Phyllis read the notice
of Herbert’s death in the paper. She
phoned Resi and sent a card expressing
her condolences. As the weeks went
on, she saw Resi often as she assisted
her with various matters. During their
conversations, Phyllis learned that many of
their friends lived in other places and that
their extended family was in Germany.
Never lose sight of the
people amid the paper.
Their mutual dental hygienist Shelley
Hawrys called Phyllis to ask if she thought
it would be a good idea to invite Resi to
a weekend Women’s Retreat. “We agreed
to extend the invitation and rest with her
decision. Resi went with us to the retreat
and although she was often in tears due
to her recent widowhood, she made new
friendships that continue to grow.”
Phyllis no longer saw Resi as a client
but as a very good friend. “My husband
and I include her in dinner and movie
invitations and she surprises me and
my staff by dropping by with flowers or
cookies or little treats to spoil us.” Best
of all is when she stops by the office just
before closing time with a picnic basket
filled with supper—German potato salad,
meat, veggies, and dessert.”
Much later, when reviewing some
notes in their file, Phyllis was reminded of
her agreement to “take care of Resi.”
“Taking care of Resi was a gift I gave
myself; it has become a mutually wonderful
treasure of shared experiences—enriched
living, support, care, and love. Perhaps as
women who are Notaries, we need to stop
apologizing for how God made us and
expand the expression of our nurturing
nature.” ▲
“At one visit, Herbert was quieter than
usual. I inquired if there were any clouds
on his horizon. When he failed to answer
right away, Resi informed me that Herbert
had cancer and was undergoing treatment.
During the next visit, I asked how the
battle with cancer was going; Herbert told
me he was part of a test group for a new
cancer drug. When Resi left the office
to obtain some papers from their truck,
Herbert told me he didn’t think the new
drug was working and asked me to ‘please
take care of Resi if I die.’ ”
Phyllis tried to make light of the
moment and fought to hold down the
lump in her throat. She assured Herbert he
was probably not dying but, if he was, she
would be happy to take care of Resi.
26
Resi Nagler delivering dinner to Phyllis’s office.
Photo courtesy of Brenda Hala Photography in Vernon
The Scrivener
Volume 14 Number 3 Fall 2005
BC WOMEN MAKING A DIFFERENCE!
Catherine D’Aoust:
Helping Women Age Better
M
y mother has osteoporosis.
and Mom with her trials and the occasional setback. For
extra support, I enlisted the support of my father and the
services of a local physiotherapist.
When I first heard the news,
I was 42 years old, working as a
personal trainer in my own business and studying
Kinesiology at Simon Fraser University.
Today at 71, Mom is so much stronger,
healthier, and happier that I can scarcely
believe it. I am so proud of her and her
accomplishments.
I was scared. I knew this put my 65-yearold mother (her age at that time) at risk of
fracture. That meant she had a bone density
problem, which could lead to pain and disability
as she aged. I became determined to help her.
To help other women get on track by
adding exercise and fitness into their daily
lives, I began teaching Osteofit Level 1 and
Level 2 at the Kerrisdale Community Centre. I also train
women on a one-to-one personal training basis. I know if
my mom can do it, so can others.
My mother lives in Ottawa and has always
been relatively fit. She swims regularly in our
backyard pool and walks, but has never
participated in regular strength training or
“weight bearing activities.”
According to I-Min Lee of Harvard Medical
School, “There is no single drug that can give you
the same overall benefit to health that physical
activity does. Everything that gets worse as we get
older gets better with exercise.”
I began to research her condition and
signed up for Osteofit training. Here in BC,
we are leaders in this field: specific exercises
that address osteoporosis with minimum
risk of injury and that progressively serve to
strengthen muscle and bone.

Tapping hesitantly with her cane as she moves
forward, Sheilah enters the gym at the YWCA South
Slope facility. At age 82 and suffering from osteoarthritis,
she is participating in a study that is changing her life.
Sheilah is learning to weight train with other women
between the ages of 70 and 80 who have all been
diagnosed with osteoporosis. She is part of a six-month
program called “Bone And Balance Study,” initiated by
BC Women’s hospital in conjunction with
UBC, to study the effects of bone loss,
gets
ageing, and the benefits of exercise.
When I next visited my mother, I was armed
with exercises and three-pound weights to get her on track.
I wanted to coach her on how to take charge of her own health
instead of relying on drugs and doctors.
It was a difficult transition for my
mother. She was afraid of injuring herself
and didn’t like the weights very much; she
came up with a million and one reasons
NOT to exercise. But we persisted—me with
phone calls and emails of encouragement
Volume 14 Number 3 Fall 2005
Everything that
worse as we get older gets
better with exercise.
The Scrivener
Supported by our dedicated team of
Osteofit-qualified fitness instructors and
27
trainers, doctors, and physiotherapists, these women are making
extraordinary gains in muscular strength and endurance. Not
only are they reclaiming their health, they are changing in ways
previously unimaginable to any one of them.
In their fifth month of the study, we can already see the changes.
They are walking more confidently—eyes blazing with alertness,
smiling and talking as they go. Their strength has doubled in some
cases and their pain has lessened or has been eased by the sharing
with others who care.
• Marie-Therèse, a lean and vibrant woman in her late 70s, tells
me she can now lift her grandson.
• Joleane is feeling more energetic and is thinking about giving
up smoking.
• Eva is walking more erect and is joining other fitness classes at
her local gym.
The women love the care and attention and the contact with
others. They blossom under our guidance and respect and relish in
the attention.
As a woman nearing middle life, I am struck by their courage
and perseverance. In turn, I learn that my life can continually be
rich and fulfilling well into my 80s and beyond. ▲
Osteoporosis
Osteoporosis is a potentially crippling disease characterized
by low bone mass (density) and the deterioration of bone
tissue. It affects about 2.5 million Canadians, 80 percent
of them older women. A bone is considered osteoporotic
if it has weakened to the point where it may fracture with
minimum trauma or if a fracture has already occurred.
Other Facts about Osteoporosis
from BC Women’s Health Centre Osteoporosis Program
• Bone is living tissue.
• Bone cells are continuously being formed, used, and
recycled (resorption).
• The higher the bone density, the less risk of breaking a
bone.
• After age 35 to 40, we begin to gradually lose bone
density.
• The rate of bone loss increases dramatically after
menopause.
• Because of their hormones, men lose bone density but
at a slower rate than women.
The Benefits of Weight Training
Discover the joys and benefits of strength training and
fitness to improve your balance, stamina, and fitness. Say
“no” to pain and to a sagging, tired body. Personal training
will change your ageing process to help you embrace a new,
healthier you.
www.gaiaadventures.com
28
The Scrivener
Volume 14 Number 3 Fall 2005
BC WOMEN MAKING A DIFFERENCE!
Adua Porteus: Leading by Example
B
orn in Regina,
Saskatchewan, she
moved to Vancouver
after high school and studied
Criminology at Douglas college,
prior to being recruited into the
Vancouver Police Department.
As of September 3, 2005, Adua has
been a member of the VPD for 20 years.
She has worked in many areas of policing
including patrol, school liaison, vice, strike
force, and E-Comm. When promoted
to Sergeant, she returned to patrol and
continued in that position until she was
promoted to Inspector in 2005.
I am very motivated by hard
work and the excellence
that comes from individuals
who bring their unique
abilities to the team.
My style is to work alongside colleagues
and lead by example.”
Looking ahead, Adua would
like to continue to work to create a
healthy professional environment in the
organization where every individual has
the opportunity to reach his or her full
potential.
“Although this sounds like a lofty
goal,” says Adua, “the philosophy behind
this notion—irrespective of rank, role,
ethnicity, or gender—is that every member
is equal and important.
“Diversity is inspirational,” she
maintains. “I am very motivated by hard
work and the excellence that comes from
individuals who bring their unique abilities
to the team.” ▲
Adua enjoys the challenge of
facilitating opportunities for those around
her and seeing the personal growth
that comes from strengths being
acknowledged in others. She says her
motivation comes from creating an
atmosphere where people work together
in an environment that is healthy and
respectful and that encourages personal
development and strengthens the team.
When asked what good things she
is accomplishing today, she says, “I
consider myself a strong team leader and
enjoy bringing out the best in people and
helping them be successful in their work.
Volume 14 Number 3 Fall 2005
Vancouver Police Inspector Adua Porteous with her Deputy dogs Barkley (the Jack Russell) and
Charlie
The Scrivener
29
BC WOMEN MAKING A DIFFERENCE!
Hali Strandlund: Born to Build
S
he is fond of sports—
particularly boating
and fishing—and horse
training, but Hali Strandlund has
one true love.
“I’ve been involved in the family real
estate and mortgage business all my life,
attending open houses with my father
Wayne and my mother Lorraine when I was
still in diapers. As a toddler, I handed out
information to prospective homebuyers.”
Since age 18, Hali has been a property
manager, real estate agent, and mortgage
broker. She helped the family establish
Fisgard Capital in 1994 and shortly
thereafter became Fisgard’s President and
Chief Executive Officer, a position she
occupies today.
“In the course of Fisgard’s activity in
investment, lending, construction, and
development,” Hali says, “I have made
many friends and business acquaintances
and become associated with fine people
throughout various industries.”
development and construction business.
“I am very busy and love every minute of it!”
Her favourite “building” project
is the development of Fisgard into one
of Canada’s premier mortgage banking
companies. “I expect Fisgard to reach the
$100 million mark by the end of this year.
This will be a huge family accomplishment
and the realization of a benchmark set only
three years ago by my father, my brothers
Jason and Rafer, and me.”
I am very busy and love
every minute of it!
She is passionate about the creation of
new communities. She has been involved
in the financing and development of over
1000 residential lots and homes throughout
BC and Alberta. “It is absolutely amazing to
be an active participant in the decisions for
the financing and construction of a home
or development from the raw land stage to
Her involvement is impressive. She is
President of the 1100 member Mortgage
Brokers Association of BC, a Director of the
Mortgage Investment Association of BC and
the Canadian Home Builders Association,
and a member of the Alberta Mortgage
Brokers Association and the Canadian
Institute of Mortgage Brokers & Lenders.
Her current real estate association
memberships include the Victoria Real
Estate Board, the British Columbia Real
Estate Association, and the Canadian Real
Estate Association. Her private company,
Jahara Holdings Ltd., is involved in the
30
The Scrivener
the completion/creation of a neighbourhood
or community. These communities don’t
disappear. They are here for generations to
come. It fills me with pride knowing I have
been a part of it all.”
She works closely with her father
on community-oriented projects such as
the sponsorship of their beloved Victoria
Symphony. In May 2006, the family and
Fisgard are sponsoring the Mozart Festival
to celebrate Mozart’s 250th birthday.
“We’re staging five outstanding concerts.
I look forward to working again with our
great friend Tania Miller, music director
and conductor of the Symphony. It will be
a great party for Victoria and our guests
from all over.”
What makes Hali tick? “I am motivated
every day by the potential for success,
the potential to learn something new, the
potential to positively influence the people
around me, and the potential to create a
legacy for my immediate family, friends,
and the generations that will follow. I love
starting something and finishing it as close
to ‘perfect’ as possible—and to be able to
look back on things and say I was a full
participant in a job well done. I want to
always be a good example.”
As for the future, Hali wants those
around her to be in good health and
good spirits. “I will help people position
themselves to face interesting challenges.
I want to inspire them to be honest,
respectful, and responsible. Most important,
though, is that they recognize the challenges
and want to deal with them.”
It’s the “challenge” that counts, she
maintains, and facing into the wind—
not away from it—with energy and
enthusiasm! ▲
Volume 14 Number 3 Fall 2005
BC WOMEN MAKING A DIFFERENCE!
Leta Best:
Volunteering for Life
O
ne of my most pleasant
duties as Chair of the
Notary Foundation is
attending IOLTA meetings.
IOLTA is the acronym for Interest on
Lawyers’ Trust Accounts, a sub-section of
the American Bar Association (ABA).
As I listened to the Honourable Lora
Livingston, Trustee, Texas Equal Access to
Justice Foundation, during her workshop,
“Expanding Access to Justice through Pro Se
Assistance Projects,” two thoughts emerged.
The first is just how much we, The
Society of Notaries Public of British
Columbia, contribute through the
Notary Foundation. Now in its 18th
year, the Foundation has administered
$20,667,785 interest earned on Notaries’
Trust Accounts.
Section 52(1) of the Notaries Act
provides that these funds be used for legal
education, legal research, legal aid and
education, and continuing education for
BC Notaries and applicants who enroll as
Notaries.
To date we have contributed
$12,077,338 to the Legal Services Society
of British Columbia. The workshop on
“Expanding Access to Justice through Pro
Volume 14 Number 3 Fall 2005
Se Assistance Projects” brought home to me
the fact that our Notary Foundation not
only provides funds to the Legal Services
Society, it provides Grants to agencies and
societies in our province to help people
help themselves. Visit our Website at www.
notaries.bc.ca and click on our Foundation
and its annual report. You will be amazed
by the organizations that our IOLTA funds
have assisted.
My awareness of my
volunteer life began
when I joined Zonta
International in 1984.
The second thought was about my
volunteer life and the types of organizations
in which I have been involved. I feel I have
completed a full circle in my volunteer life.
While my children were growing
up, I was involved in their school lives
and outside activities of Brownies, Cubs,
baseball, softball, curling, and soccer. I
did all the usual Mom things like baking
and accompanying the children on school
outings. I acted as concession mom at the
ballparks and coached the girls’ softball
team. I fundraised for junior curling and
transported team members about. But I
never thought, at that time, that I was a
volunteer; I was just being a mom.
The Scrivener
My awareness of my volunteer
life began when I joined Zonta
International in 1984. Founded in 1919,
Zonta International is a global service
organization of executives in business and
the professions working together, across
political and social boundaries, to advance
the status of women worldwide. One of
the objects of Zonta International is to
improve the legal, political, economic,
educational, health, and professional status
of women. Again, as when I was involved
with my children, I still did not see myself
as a volunteer; I saw myself as a member
of an international organization of people
working together on a mutual objective.
Zonta afforded me an opportunity
to hone my leadership skills and gain
confidence in public speaking. I began
my growth in community service as the
treasurer of our local club, going through
the chairs to become the club president.
Continuing on in Zonta at the district and
international levels, I eventually became
one of seven world Directors-at-Large.
Previously, while serving as one of 30
world governors, another governor said
I had the potential to go farther in my
Zonta career but I needed more experience
in public speaking. She suggested I take a
Dale Carnegie course, which I did. That
training was probably the most important
self-improvement course I have ever taken.
31
It taught me self-confidence and the
ability to present myself and my ideas to
others. I firmly believe that without the
opportunities afforded to me by Zonta to
learn those skills, I wouldn’t be writing this
article today. You can learn more about
Zonta International at www.zonta.org.
I continued my own personal growth
through my affiliation with the United
Way. At this point in my Zonta life, I was
mainly involved at the local level and had
not experienced a volunteer Board working
with executive directors and paid staff.
The United Way taught me about that
very important component in community
organizations.
Through my more than 20 years with
Zonta, I have grown from a person whose
hands would perspire if asked to stand
up and tell my name and what I did for a
living, to being able to stand on a stage at
the convention centre in Paris, France, and
address an audience of 3000.
It taught me selfconfidence and the ability
to present myself and my
ideas to others.
In the late 1980s, through my
affiliation with Zonta, I was appointed to
the Board of Directors of the United Way
of Victoria. I began to understand the true
meaning of volunteering. During my term
as a Board member, I started to think of
myself—and still do today—as a United
Way Volunteer. Then I realized just how
long I been serving in that capacity! The
United Way of Victoria can be found at
http://unitedwayvictoria.bc.ca.
Zonta also afforded me another
important lesson. Not only was Zonta
an international a service organization, it
was affiliated with the Zonta Foundation,
an organization with a separate Board of
Governors, budget, and goals. The Zonta
Foundation, while clearly allied with Zonta
International, was an entity unto itself.
As you read through this article, I am
sure you will begin to see a clear pattern
of my volunteer life and how each of my
experiences has lead me to my position
today and helped me better serve The
Society of Notaries Public of British
Columbia and the Notary Foundation.
Photo credit: vansportraits.com
The parallel between Zonta and our
Society structures was very clear and my
experiences concurrently enhanced my
performance with both organizations.
Leta’s grandchildren:
Kale, Alana, and Sean Best
32
While serving on the United Way
Board, I was asked to chair the Admission
Committee, serve on the Allocations
Committee, and sit as Board liaison to
United Way Agencies. Two of the agencies
for whom I acted as liaison were Volunteer
Victoria, http://www.volunteervictoria.
bc.ca, and Victoria Family Abuse
Prevention Society, http://www.
familyviolence.ca/splash.htm.
The Admission Committee afforded
me an opportunity to interview agencies
seeking admission to the United Way of
Victoria, learn about the organization,
understand the funding, examine financial
statements, meet the executive Directors,
The Scrivener
and review the role of the volunteer
component of the association.
The Allocations Committee offered
me the possibility to see the distribution
of the community dollars raised by the
United Way put to use in our area. As
liaison to Volunteer Victoria, I saw how
an organization was created solely to
seek and train volunteers to serve other
volunteer organizations. It taught me it was
important to seek volunteers from all age
groups, especially our seniors.
But to me, the greatest lesson I
learned as a United Way Volunteer was
the difference the Victoria Family Abuse
Prevention Society could make in our
community.
The program that affected me the
most was the Family Violence Project. The
program is for men who have been abusive
and women who have been in an abusive
relationship. Through counselling, the
abuse pattern is stopped, thereby affording
the next generation an opportunity to
pursue a life free of abuse. To me, this
was also one of the most important
goals of Zonta International. The two
organizations, in my estimation, were
closely linked and had common goals that
were important to me.
At the same time as I was serving on
the United Way Board and as a member
of the Zonta Club of Victoria and moving
my way through the various levels of Zonta
International, I ran for and was elected to
the Board of Directors of our Society. By
then, I was beginning to understand I was
not just a volunteer; I was well on my way
to becoming what I would later come to
call myself: a “Professional Volunteer.”
As I entered into my volunteer life
with our Society, I left the United Way
Board after one three-year term. I was
first elected to the Board of Directors
of The Society in 1988 and have served
continuously since that time. And I was
working my way up in Zonta. It would
take me another 17 years to fully realize a
deep connection between my volunteering
with Zonta, the United Way, our Society,
and the Notary Foundation.
Volume 14 Number 3 Fall 2005
My first years on The Society Board
were a learning experience but I brought
to the Board an understanding of the
relationship between a volunteer Board,
an executive director, and a paid staff. This
was an important tool to help me work
effectively as a Board member.
By the mid ‘90s, I was at the
international level of Zonta, working
at Headquarters in Chicago. There my
understanding expanded to include
comprehension of the interaction between
the service club side of Zonta and the
Zonta Foundation. This knowledge and
experience I was able to use to further
enhance my ability to serve our Society and
Foundation.
In 1998, my two-year term as a
Director for Zonta International was
complete; I remain on the international
level, serving a two-year term as Chair of
Public Relations.
By the end of my term as an
international Chair in Zonta, I realized
I wanted to expand my commitment
to our Society. Serving in the executive
positions of our Society was an eight-year
commitment and I needed to downsize
my involvement with one of the two
organizations, to better serve them both.
Not only was it important to me do a
good job for The Society, by now I also had
three grandchildren who needed me.
In 1998, I was elected Second Vice
President of our Society and in September
of 2006, I will complete my term as
Immediate Past President. Through my
time on the executive, I have also served
as a Governor of the Notary Foundation
and am just completing my first year as
Foundation Chair.
This brings me to a point in my
volunteer life that I experienced at the
IOLTA meeting I attended in Chicago,
Illinois, in August. It struck me as very
coincidental that I should come to the
realization in the very same city where my
international experience began and where
my daughter Elizabeth has chosen to live.
My circle of volunteering was about to
become complete.
Volume 14 Number 3 Fall 2005
I first attended an IOLTA meeting
last February in Salt Lake City, Utah.
IOLTA is committed to “Equal Access
to Justice” and the ABA is committed to
“Defending Liberty Pursuing Justice.” The
commitment to equal access to justice is
in every thought and action. A large part
of the funding for the access to justice is
from the interest on lawyers’ trust accounts
in the United States and Canada. In BC,
we—The Society of Notaries Public of
British Columbia—provide a second
source of funding through the Notary
Foundation. British Columbia is the only
state or province to have two voices: that of
the Law Foundation of British Columbia
and the Notary Foundation of BC.
I’m now going to be the
very best grandmother
that I can be.
I realized at the IOLTA meeting
that I was today, as I had been in 1984
when I joined Zonta, working with an
organization that was seeking equality and
justice. Whether it was Zonta, the United
Way, or the Notary Foundation, each was
working not only to advance the status
of women but to advance the status of all
people. Each has a deep commitment to
the people it serves.
My life as a volunteer has afforded me
education, opportunities, personal growth,
and a world of fun and friends. I look
forward to the rest of my life, a time to go
back to the beginning and volunteer in my
grandchildren’s lives. I’m now going to be
the very best grandmother that I can be.
I have been very fortunate in what I
have been able to do in my volunteer life
and extremely grateful in the opportunities
it has afforded me.
I have come full circle. ▲
Notary Leta Best is the Immediate Past
President of The Society of Notaries
Public of BC and current Chair of the
Notary Foundation. She practises in
Victoria, BC.
The Scrivener
33
BC WOMEN MAKING A DIFFERENCE!
Dave Barclay
Kelly Lerigny:
Creating a
Better Quality of Life
I
f actions speak louder than
words, Kelly Lerigny never
has to say a thing.
Personally and professionally, Kelly
is a committed volunteer who cares about
her community and works diligently to
improve it. As her colleague and friend,
I’ve been fortunate to witness her ability to
turn ideas into reality.
…what’s good for BC and
British Columbians is good
for real estate.
For several years, Kelly and I have
worked together as real estate volunteers.
She began with the Chilliwack and District
Real Estate Board in 1996 and was elected
president in 2000 and 2001. Since 2002,
we have served together as Directors of the
British Columbia Real Estate Association
(BCREA), where Kelly has chaired several
committees and task forces and is now the
Vice President.
Looking at the facts of Kelly’s
accomplishments is impressive. But dig a
little deeper and you really get a sense of
her dedication.
Two years ago, while on a fact-finding
mission with representatives from the
Washington Association of Realtors, we
learned about a program called “Quality
of Life.” At the time, BCREA was
transforming its government relations and
communications programs; “Quality of
Life” sounded like just the branding we
were looking for.
Kelly’s enthusiasm for the concept was
infectious; she has since chaired two task
forces to help the Association customize
“Quality of Life” for BC and Canada.
Kelly Lerigny (left) with City of Chilliwack councillor Sharon Gaetz, discussing a Sri Lankan
home-building project the community is undertaking
34
The Scrivener
What has this meant for the real
estate profession? In May 2004, BCREA
officially adopted Quality of Life as a
philosophy to guide the Association.
Very simply, it means that the real estate
profession is committed to improving
Quality of Life in BC by supporting
growth that encourages economic vitality,
Volume 14 Number 3 Fall 2005
provides housing opportunities, and builds
communities with good schools and safe
neighbourhoods.
The essence of the philosophy is
contained in five principles that reflect
this basic statement and the values in
which Realtors have always believed—
that is, what’s good for BC and British
Columbians is good for real estate.
Now the Association is introducing the
philosophy to the provincial government
and other decision-makers to establish the
common ground necessary for making
the improvements envisioned in the
philosophy.
Recognizing the power of Quality of
Life, Kelly has been a tireless advocate.
Her current BCREA task force has
created a framework for implementing the
philosophy for the provincial association.
The BCREA task forces have also
provided a forum for sharing ideas with
other provincial real estate associations,
which led to Kelly’s participation on the
Ontario Real Estate Association’s Quality
Volume 14 Number 3 Fall 2005
of Life Task Force and the creation of
the Quality of Life Provincial Group,
consisting of representatives from across
the country.
The Quality of Life philosophy
immediately resonated with Kelly because
it’s how she lives her life. She has always
taken citizenship seriously and now much
of her activism is carried out under the
Quality of Life banner.
In 2004 she worked with the
Chilliwack and District Real Estate Board,
encouraging the municipality to adopt a
bylaw to help stem the tide of marijuana
grow-ops. In 2005 she contributed again
by supporting the Board in its endorsement
and financial assistance of the Drug Abuse
Resistance Education program. DARE is a
community-policing initiative that works
to prevent substance abuse and reduce
violence among school-age children by
helping them recognize and resist social
pressures to experiment with tobacco,
alcohol, and drugs.
The Scrivener
Beyond the world of real estate,
Kelly and her husband Steve, also a
Realtor and the current Vice President of
the Chilliwack and District Real Estate
Board, are big supporters of Chilliwack
Community Services and Ducks
Unlimited. They also participate in their
church’s leadership and training initiatives,
with a focus on marriages and marriage
mentoring. They are clearly exceptional
role models for their friends, colleagues,
families, and their grown daughter Kate.
I’ve never known anyone more
consistent in thought and deed or anyone
more committed or enthusiastic about
improving their community. Kelly Lerigny
is truly a positive, driving force. I can
hardly wait to see where her passion will
take her next. ▲
Dave Barclay is President of the British
Columbia Real Estate Association. He
is a Smithers-area Realtor and former
president of the BC Northern Real Estate
Board.
www.bcrea.bc.ca
35
BC WOMEN MAKING A DIFFERENCE!
Faye Wightman:
Connecting Philanthropy
with Community Needs
F
aye Wightman has made a
career of helping people.
Trained as a nurse, her
responsibilities at the Canadian Red Cross,
BC Yukon Division, included six outpost
hospitals in remote areas of the province;
programs for seniors; a loan service
program for medical equipment; and a
child abuse prevention program.
In her first fundraising job—
Campaign Director of United Way of the
Lower Mainland—she learned the power
of harnessing volunteer leadership for the
good of the community. She also served
as Executive Director at the Sunny Hill
Foundation for Children.
In the initial years with BC Children’s
Hospital, Faye managed public relations,
volunteer programs, and fundraising, then
moved to the position of President and
CEO of their foundation for 12 years,
which grew into one of the most successful
fund development organizations in BC
and a major fundraising organization in
Canada. She also served as government
relations advisor to the Hospital. Faye
recruited a very strong and dynamic
Board representing a good cross section
36
of the community, with good diversity.
“When I left in 2003, we were raising $30
million annually and had an asset base
of well over $100 million.” During her
tenure at Children’s, the Foundation won
the Marketer of the Year Award from the
BC Chapter of the American Marketing
Association, the first time a charity had
won the award.
traits like confrontation and top-down
decision-making.”
In her two years at the University
of Victoria as Vice President of External
Relations, she was responsible for
Government and Community Relations,
Communications and Marketing,
Development and Alumni Relations, and
The biggest remaining
challenge to women in
business is to see merit in
traditional female traits,
such as using consensus
and non-competitive
approaches rather
than more typically male
traits like confrontation
and top-down
decision-making.
“The biggest remaining challenge to
women in business,” she maintains, “is to
see merit in traditional female traits, such
as using consensus and non-competitive
approaches rather than more typically male
The Scrivener
Faye Wightman
Volume 14 Number 3 Fall 2005
Ceremonies and Events. Faye oversaw the
development of a strategic communications
plan to assist in branding and marketing
the university’s uniqueness in Canada. She
also secured one of the largest family gifts
to the university to finalize the campaign
for their library.
On July 17, 2005, Faye joined
the Vancouver Foundation. In her
new position, she is listening to people
from different sectors—fundholders;
agencies; community leaders; well-known
philanthropists; people in government,
both locally and provincially; and other
community foundations. She says, “The
Vancouver Foundation has changed a lot
over the years and is now very flexible
in providing many options to connect
philanthropy with the needs in the
community. That is what we do best.”
Faye has a deep-rooted respect for
the not-for-profit sector and for the
volunteers and staff who lead the sector.
“I love working in this sector—assisting
individuals and corporations to make a
significant difference in their community
through philanthropic giving.”
She feels fortunate to have had the
privilege of meeting so many people
through her various jobs. “I have always
enjoyed the opportunity to help make
connections—helping people understand
what is required in our community to
make it a safe, healthy, and happy place
to live. I have a strong respect for all those
not-for-profits out there in our community
working for everyone’s betterment. I feel
very proud to be part of that movement
and to know that perhaps something that
I did contributed in some small way to
making a difference in someone else’s life.”
When she is not working, Faye enjoys
golf, tennis, music and plays, cooking, and
walking her miniature Schnauzer Maxine.
When asked what she would like to
achieve in future, she said, “A feeling when
I am 90 that I did what I could to make
this a better world—that I acted with
courage and compassion in whatever I
undertook and that I lived life to the fullest
in the process.” ▲
Volume 14 Number 3 Fall 2005
The Scrivener
37
COVER STORY
Dr. Stéphanie Côté:
Star-Gazing Made Easy!
With Val Wilson
D
r. Stéphanie Côté
embraces her work
with passion and a
ready sense of humour.
One of her myriad talents
is the ability to enlighten
captivated lay audiences
about activities in the
heavens above!
The Scrivener: Stéphanie, please tell us
about your family of origin in Quebec.
Stéphanie: I was born in Montreal
and grew up in Outremont, a very nice
neighbourhood of Montreal, full of trees
and parks. I come from a large family. I
was the fourth of six children, so there
was always a lot going on. Always a lot of
laughter! My parents were both medical
doctors—although my mother stopped
working after a few kids—so they valued
education very much. I knew very young
that I would go to university to study
science. All my brothers and sisters went to
university, too. My father always read a lot,
so the house was filled with hundreds and
hundreds of books everywhere.
38
And as soon as I could read, I wanted
to read them all. I went to school to College
Stanislas, a private French school just a few
minutes walk from where we lived.
This school had been a boys-only
school that had just started accepting girls;
we were only about 15 percent girls in
my grade and the rest of the school was
all boys. This turned out to be very good
preparation for my university Physics class,
which was barely 15 percent girls when I
started. By that time I was really used to
being surrounded by boys!
I knew very young that
I would go to university to
study science.
The Scrivener: What was your first job?
Stéphanie: When I was around 12 years
old, I started as a papergirl, delivering
newspapers to the three streets around
ours. But soon I added more runs and was
doing more than a dozen streets. I had
to get up so early that it was still dark. I
still remember fondly those long walks at
dawn. I still love to take long walks in the
city at night, when it’s silent and the streets
belong to cats.
Then when I was about 15 and all the
way until university, I was giving violin
The Scrivener
lessons to beginners. I had been playing
violin since I was 8 years old and by that
time, I had a Laureat es Musique. Not
sure what I learned from that experience.
Patience, I think!
I also worked many Summers in a
café on the interesting St. Denis street in
downtown Montreal. It gave me an early
appreciation of the colourful urban zoo.
My first “real” job in science was as a
Summer student after a year into my BSc
in Physics at University of Montreal. I was
delighted to get a job with an Astronomy
professor. He gave me the tapes with the
data I had to work on, then promptly went
away on conference trips and observing runs
for a month. That taught me early on in my
career how to be very independent in my
research and sort out things by myself!
The Scrivener: Why did you choose to
become an astronomer?
Stéphanie: I am now an Astronomer at
the Herzberg Institute of Astrophysics, of
the National Research Council of Canada.
As far back as I can remember, I was
interested in science. Even before I could
read, my big brother (who has become
an engineer) would tell me about the
universe and space exploration.
When I was about 13, I read a couple
of books, like The First Three Minutes by
Volume 14 Number 3 Fall 2005
Stephen Weinberg and Patience dans l’Azur
by Quebec astronomer Hubert Reeves,
which really got me hooked on astronomy.
By the time I entered university, however,
I was really worried about job prospects so
I thought that after my BSc in Physics, I
would do research on fibre optics or solar
energy—something marketable.
But in my first year I took an
astronomy class just for fun. I learned
about dark matter for the first time. That’s
what attracted me to become a research
astronomer. This is what makes up 96
percent of all the universe, but you can’t see
it. All the stars, gas clouds, etc., that we can
observe with our telescopes only account
for 4 percent of the mass.
because my duties are associated with the
twin 8 metre Gemini Telescopes situated in
Hawaii and in Chile, the largest telescopes
in which Canada has a share.
This is still the biggest
mystery in astronomy
these days and has been
for years.
The Scrivener: Where is the Herzberg
institute located?
We know there is dark matter because
we can calculate it from the movements of
stars and gas in galaxies, for example. This
is still the biggest mystery in astronomy
these days and has been for years.
Stéphanie: The Canadian Gemini
Office is part of the Herzberg Institute of
Astrophysics of NRC; it’s located at the
Dominion Astrophysical Observatory on
Observatory Hill about 15 km north from
downtown Victoria. The old 1.8 metre
Plaskett Telescope there is still the largest
one on Canadian soil.
After a Master’s degree in Montreal, a
PhD in Australia, and several post-Doctoral
years of research around the world, I got
a tenure position here in Victoria at the
Herzberg Institute. My official title is now
Canadian Gemini Astronomer. That’s
From up here, we have lovely views
of the ocean, the whole peninsula, the
backdrop of the Olympic mountains, as
well as garry oak forests with lots of deer.
Somehow I eventually got a top-floor
corner office—they are too nice to me.
The Institute manages all major
Canadian telescopes—optical,
submillimetre, and radio—for Canadian
astronomers and builds top-notch
instruments for these telescopes. My
daily tasks are to pursue my own research
and, as the Gemini Astronomer, to help
Canadian Astronomers all across the
country to use the Gemini Telescopes. This
means providing them all the technical
information they need on the telescopes
and instruments, helping them prepare
their program for the observing run, and
advising them for their data reduction.
Part of my job is to raise public
awareness about Gemini through various
public outreach activities.
The Scrivener: Did you have a mentor
during your career? Are you a mentor
yourself?
Stéphanie: I was extremely lucky to
have as thesis supervisors two wonderful
mentors, Dr. Claude Carignan from
Université de Montréal for my Master’s
thesis and Professor Ken Freeman from
Mount Stromlo Observatory in Australia
for my PhD thesis. I was very shy as a
young student and they were great to give
me confidence.
Stéphanie and Domenico rest while hiking to the hot springs near Tofino, BC.
Volume 14 Number 3 Fall 2005
The Scrivener
39
In any case, I can serve as
an example of a survivor
in the field to them, “If
she can do it, I can, too.”
can serve as an example of a survivor in the
field to them, “If she can do it, I can, too.”
The Scrivener: What input and
involvement do you have on the national
and international scene in your field?
Stéphanie: There are only about 150
professional astronomers in Canada so
it is not too difficult to “get noticed” on
the national scene. Similarly, there are
not that many researchers in any given
specialized field of astronomical research
internationally.
The Trifid Nebula, taken with Gemini for Ingrid Braul, 13 years old, of Vancouver, winner of
a contest organized by the Canadian Gemini Office
Both nationally and internationally,
I’ve participated in a large number of
committees, selecting proposals for
telescope time, research Grants, and
awards. Sometimes it’s a lot of work, but
it can be really stimulating to have this
chance to see the most exciting projects
being proposed or to read the best PhD
theses written in Canada for an award, for
example.
Sometimes famous astronomers
can have, how should I say, special
personalities. But these two were really
great guys to hang around with. Mentors
are important because you need to learn
not only astronomy, but also how to be an
astronomer.
For a long time I didn’t think I
needed to be a mentor. After all I had
decided to study astronomy without ever
meeting a female scientist. But all my
visits to school classes and tour groups
have proved me wrong. It doesn’t take
long to see the curiosity of the girls in the
group to be awakened.
Several have told me they had always
loved science but somehow never had
thought before of becoming scientists.
I have also supervised several Summer
students who always get in touch with
me when they need to make important
decisions on their careers, so I guess they see
me as some sort of mentor. In any case, I
40
Stéphanie in front of a scale model of the Gemini 8 metre telescope
The Scrivener
Volume 14 Number 3 Fall 2005
At the international level, I’ve had
the chance to give a lot of input on the
scientific and operational direction of
the Gemini Telescopes. The decisions
are made through various committees
with representatives from all the partner
countries with a share in the telescopes—
seven in total—the US and UK being
the main partners. As the Canadian
representative, I’ve participated in all the
decisions on the major future scientific
directions of the telescopes for the next
decade, for example, in the selection of the
future multi-million-dollar instruments to
be built.
The Scrivener: What do you like best
about your work?
Stéphanie: Doing research is an extremely
rewarding experience. Your work becomes
an intense and passionate creative pursuit
and the moments of successful discoveries
are simply thrilling. And research in
astronomy is especially rewarding because,
in many other fields, the research groups
are so huge that you would rarely be able to
make the decisions.
more women astronomers. Perhaps
the field will see the same amazing
transformation that happened to Notaries
Public in BC, who were male-dominated
20 years ago and whose membership is
now around 60 percent women.
My biggest research
breakthrough so far
has been the discovery
of several new dwarf
galaxies.
My biggest research breakthrough so
far has been the discovery of several new
dwarf galaxies. Our Milky Way Galaxy is
part of a group of over 30 galaxies called
the Local Group. Most of these galaxies are
dwarf galaxies, typically 10 times smaller
than the Milky Way.
I guessed that it was probably typical
of other groups of galaxies to have lots
of dwarf galaxies, so I searched in the
two nearest groups of galaxies, using
a combination of optical and radio
observations. Indeed I discovered about
three dozen dwarf galaxies in there.
Then I studied the dark matter in
these dwarf galaxies. It turned out that
dwarf galaxies have much more dark matter
than normal galaxies. Dwarf galaxies are
like little espresso cups of dark matter,
while our galaxy would be more like a
cappuccino, with a 50-50 mix of luminous
and dark matter.
The Scrivener: How do you feel you are
making a difference now? What would
you like to achieve in your profession in
the future?
Stéphanie: When serving on Grant
committees, for example, I see myself as
more objective in my decisions, not only
as a minority, but also because I am of the
new generation of astronomers who are
comfortable at many wavelengths. I’ve
worked not only in optical but also infrared,
submillimetre, radio, ultraviolet, etc.
In astronomy you think of an idea,
apply to get telescope time, then work on
the data and write the paper all on your own
if you wish—most of the time in a small
team where you can decide on the directions
to explore and to shape the project as you
wish. Also astronomy—with all the new
telescopes and instruments that have come
up and are coming up soon—is a field really
going through exciting times now.
The Scrivener: What is your greatest
career achievement so far?
Stéphanie: My career achievements? I
was the first woman to be hired as a staff
astronomer at the Herzberg Institute of
Astrophysics since its creation more than
30 years ago—I always say that one first,
because nobody claps in the room if I tell
about my greatest research achievements
instead.
There are now at least 25 percent
women in the Physics and Astronomy
undergraduate programs in Canadian
universities, so things are changing.
Hopefully in the future, there’ll be many
Volume 14 Number 3 Fall 2005
The star-forming region RY Tau, taken with Gemini, for Gilbert St-Onge, an amateur
astronomer from Dorval, Quebec, winner of a contest organized for amateur astronomers all
across Canada
The Scrivener
41
In the old days, someone was purely an optical astronomer or
just a radio astronomer. I look at the science and less at the people or
techniques to achieve the goals.
As the Canadian Gemini Astronomer, I am the one in charge of
communicating the complexities of the telescopes and instruments to
Canadian astronomers. Knowing the telescopes’ capabilities, I advise them
on how best to achieve their science goals. The astronomers most of the
time will not be going themselves to the telescopes in Hawaii or Chile.
Instead their data are taken into what we call “queue-observing”
mode, where a Gemini staff astronomer will decide the optimal program
to observe, after checking the weather conditions of the night. This is
more efficient, because some programs need extra-good image quality—
less distortion through the atmosphere—and others need cloudless skies.
In the past, you relied on luck when you showed up at the telescope.
The programs must be described in every detail in a way that can
be ingested by the telescope. That’s where I come in. I make sure the
astronomers’ vision of what they want to achieve is translated in clear
commands to the telescope, then that information is sent to Hawaii and
Chile. It is the first time that we are operating optical telescopes in this
way in Canada.
The Dominion Astrophysical Observatory, which houses the
Plaskett Telescope
I am the interface between the researchers and their experiment.
You have to be able to communicate complex notions and potentially
confusing material to astronomers and students and be able to put
yourself into their head to understand clearly what they are trying to do.
Otherwise this new mode of operating would not work.
At a press conference for a contest Stéphanie organized for a
Canadian amateur astronomer to win 1 hour of Gemini time:
Gilbert St-Onge (at left) with his winning image of RY Tau,
Stéphanie, and famous Canadian Astronomer René Racine of
Montreal
I guess the goal of every researcher is to discover something with
important implications in your field that is entirely new and unexpected
or perhaps that contradicts an existing theory—something that would
have a major impact in the field. But I am quite happy to also humbly
bring small pieces to the puzzle that will eventually build up to
something new—as long as I feel it has been useful in the big picture.
The Scrivener: Are you currently involved in community service?
Stéphanie: I’m afraid that like many researchers, my time outside work
is very limited, so I haven’t been very active in community services for
years. But I’ve recently been approached by the local chapter of Zonta
and I’m thinking about joining. This is a worldwide organization
working to advance the legal, political, economic, educational, health,
and professional status of women.
While I lived in Australia during my PhD studies, I was part of a
bushfire volunteer team. Mount Stromlo Observatory is in the outback
in the outskirts of Canberra, surrounded by gum forests, so we needed
to have our own emergency team; we had our own fire truck. We had
full training from firefighters, including how to rescue people from
houses on fire.
The Plaskett Telescope
42
I participated in several control burns all around New South Wales.
We even won a state-wide bushfire team competition for being the
“best prepared team.” We also won the “best presented team” award
and I suspect it had to do with the fact that we were the only team with
a woman—although I doubt I looked that sexy in the yellow overalls,
wearing the oxygen mask. Sadly Mount Stromlo Observatory did burn
out a few years ago.
The Scrivener
Volume 14 Number 3 Fall 2005
The Scrivener: What are your special
interests and hobbies? Do you have
pets?
Stéphanie: I love tango dancing and my
boyfriend Domenico enjoys ballroom
dancing, too, so we go dancing every week.
We don’t like being too formal about it
and most of the time we make up our
own creative steps; we’re mostly fooling
around and having fun. We’re both “city
slickers”—he’s also from Montreal—so we
are always checking out movies, plays, jazz
clubs, opera, new restaurants—whatever is
happening in town.
We also like hiking and we do long
walks along the beaches or waterfront in or
around Victoria—it sounds cliché but we
really do this, several times a week—and
hand-in-hand, of course. I read a lot, too,
my pet interest being archaeology and early
human evolution, but my readings are
rather eclectic. I read half-a-dozen books at
the same time, from French novels to old
Greek philosophy, with some social critic
essays in between.
For years I didn’t have pets at home
because I was travelling so much for
meetings, conferences, or observing
runs. Almost every month I had a trip
somewhere. But when Domenico moved in
with me, he brought his two budgies. They
are happily chirping away the whole day
long, just like us.
The Scrivener: What is most important
to you in life?
Stéphanie: Hmmm. I guess that’s the part
where we’re supposed to say “my family”? I
was so busy with my work and having fun
that I managed to escape getting married
and having children. I am happy to report
I am now successfully recovering from
workaholism and I love to spend quality
time with my boyfriend.
Visit the
Centre of the Universe:
Victoria’s Astronomy
Interpretive Centre!
T
he Centre of the Universe features astronomically
exciting adventures.
It sits atop Little Saanich Mountain, past the Herzberg Institute
of Astrophysics, the headquarters of astronomy research and development
for the National Research Council of Canada.
The Centre’s exhibit gallery highlights the milestones of Canadian
astronomy that have placed Canada among the top three countries in its
contributions to this amazing science and the world leader in 2005.
You can travel the constellations from Ancient Egypt to the present day
in the intimate Starlab Planetarium and identify seasonal constellations.
You can also tour the Plaskett Telescope at the Dominion Astrophysical
Observatory. Named after John Plaskett, the first director of the
Observatory, the telescope captured its first images of the night sky in 1918;
it was the biggest telescope in the world. Today it is the world’s largest
research telescope to allow regular public viewing.
The Centre’s Evening Star Parties include theatre and planetarium
presentations, game shows to challenge and enhance your knowledge, and
tours and viewings with the Plaskett Telescope. The staff—always delighted
to share their knowledge of what is happening in our universe—will help
you planet-hunt and stargaze through smaller telescopes outside, including
the 0.4 metre (16") research telescope.
Keep your eyes on the skies and your ears on the news! The Centre
hosts the public for special programs when interesting phenomena take
place in the heavens. We also offer out-of-this-world gifts, including books
and equipment for the beginner to the amateur astronomer and toys and
products inspired by stellar events.
5071 West Saanich Road
Victoria, BC V9E 2E7
Voice: 250 363-8262
Fax:
250 363-8290
[email protected]
Website: cu.hia.nrc.gc.ca
I am very much a believer of the
Here and Now. The most important thing
for me is to be happy here and now, try
as much as possible to make happy the
people around me that I love, and thank
life every day for all I’ve been lucky to
enjoy so far. ▲
Volume 14 Number 3 Fall 2005
The Scrivener
43
BC NOTARIES’ FALL CONFERENCE 2005
Susan Davis
Education Seminars
O
ur Conference and
AGM venue this year
was the Delta Victoria
Ocean Pointe Resort and Spa in
beautiful Victoria, BC.
The education topics were varied
and interesting. The Saturday morning
presentation was an overview of the
provincial government’s Crown Grant
Retrieval System: Tantalis GATOR
(Government Access Tool for On-line
Retrieval). This one-hour presentation was
followed by our own and ever-popular
WRaT Pack (Wayne, Rick, and Todd) in a
panel-led discussion on the current issues
facing our membership.
On Saturday afternoon, members
Marny Morin and Leta Best presented a
“how-to” session on e-filing and a “live”
demonstration of ProConvey. ProConvey
users (and fellow Notaries) Suzanne
Pantazis and Martin Kastelein told how
using ProConvey has changed their
practice and how they have benefitted
from the program. On completion of that
presentation, the WRaT Pack re-convened
to continue leading the discussions they
had started in the morning.
The AGM was held Sunday morning,
with elections for the new Board of The
Society. The Sunday afternoon session
featured Estate Planning for Notaries,
presented in an interactive format by
Wayne Braid and Ernie Janzen.
Friday Evening’s Festivities
Thanks to our Fall Conference 2005
Sponsors
BMO Bank of Montreal
Brief Legal Software
Dye & Durham
Macaulay McColl
Scotiabank
Stewart Title Guaranty Company
Guest Sponsor: BC Cancer Foundation
Companies who Donated Prizes
BC Courthouse Library Society
BC Land Surveyors
Dixon Mitchell Rae
Dye & Durham
Image Group Inc.
Landcor Data Corporation
Marsh Canada
Pacific Coast Total Solutions
Royal Bank of Canada
Stewart Title
Currency | Passport supplied our signs.
The street scene inside the museum
Bob Adamson and Leta Best
44
Friday evening’s entertainment
The Scrivener
From left: Martin Kastelein, Suzanne Pantazis,
Jody Conroy, Trevor Todd, George Tanco, and
Eileen Smith (with back to camera)
Volume 14 Number 3 Fall 2005
Charles Mow, Jody Conroy, Eileen Smith
(seated at front), George Tanco, and Susan
Tong (standing)
Elisabeth and Albert Rechsteiner, with Tracy and Brent Parker
Suzanne Pantazis with the official photographer for the evening,
Frances Litman
Magician Tony Eng, museum visitor, Leanne Rebantad, and her son
David
Doreen and El Fedewich, Rick and Carol Evans, Cindi Hawkins, and Adrian Fisher-Fleming
of Brief Legal Software
Debra Burden and Melody Aubin
BC Notaries attending a WRaT Pack session
Volume 14 Number 3 Fall 2005
The Scrivener
45
Saturday Evening’s Sea Festival
Laurie Salvador, Kate Manville, and
Lucinda Ning
Tiah Workman
Bill Todd and Wayne Braid
Erika Riedel and Dr. Bernard Hoeter, the
International Couple. Erika is from Bonn,
Germany.
46
Dye & Durham’s Alisa Markley (left) and
Debbie Larson, with Tiah Workman
Bill and Kae Todd
Tony McGrath and Nancy Schick Skinner
David Watt, BC Notary student
Alex Ning
Dan Mercer
The Scrivener
Volume 14 Number 3 Fall 2005
Robert Peterson, BC Cancer
Foundation
Gerry Martin, BC Chamber of
Commerce
El Fedewich with Carole and Glen Millar,
BDO Bank of Montreal
John Burgoyne, Macaulay
McColl
Colleen O’Keefe and Hans Podzun
Volume 14 Number 3 Fall 2005
Huguette Cloutier and her husband Wayne
Robertson, Executive Director of the Law
Foundation
Wayne Braid on the links
Jackie and Scott Simpson, with Bill Todd
Wayne Braid and Chris and Janet Dupuis
Ken Sherk, First Vice President
of The Society
President Chris Dupuis, Immediate Past President Leta Best,
and Second Vice President Bill Anderson
The Scrivener
47
PROFILE OF A BC NOTARY: ROVING NOTARY SOUTH OF THE FRASER RIVER
Dave Rowan:
A Man with a Plan!
D
ave Rowan was born
at Grace Hospital in
Vancouver.
Growing up, he lived in Marpole and
attended Sir Winston Churchill high school.
When not at school, Dave was involved
in the car business—he parked cars in
the Woodward’s parkade and performed
mechanical inspections at the City of
Vancouver’s Motor Vehicle Testing Station.
He graduated to gas jockey at Woodward’s
Oakridge, a great training ground for
customer service and job satisfaction.
After completing high school and
entering the job market, Dave soon realized
he needed to improve himself to ensure
employability. He enrolled in the CGA
program in 1965. After graduating, he
sought a job where his accounting studies
Dave has always found
the Notary business
very satisfying because
most clients are involved
in pleasant business
transactions.
could be applied to his work experience.
That led to a 22-year career in the Credit
Union organization—eight years with
Richmond Savings Credit Union and 14
years with Surrey Credit Union, both now
known as Coast Capital Savings Credit
Union. During that time, Dave progressed
from being a teller in Richmond to CFO
in Surrey.
It was during his time at Surrey Credit
Union that Dave met Earl Stewart, who
had a Notary practice in Newton, and El
Fedewich, who operated Rothnie Mortgage
as a mortgage broker. El soon applied for a
Notary Seal for Surrey and set up practice in
Cloverdale. Dave had always wanted to be
self-employed and, at El’s encouragement,
enrolled in the BC Notary course in 1986.
That proved providential because in August
of that year, Dave was given the golden
handshake by the Surrey Credit Union.
He received his Notary Seal in 1987
and purchased Joyce Alp’s practice in
South Surrey. His goal was to have a
Notary practice for 10 years. He surpassed
that goal, selling his practice in 1998 to
Megan Knight.
Dave is now the Monday Man in
Cloverdale for his mentor’s daughter,
Notary Trish Fedewich, and he continues
to work part-time as a Roving Notary.
A Roving Notary is one who provides
relief to other Notaries who require time
away from their practice. He has worked
as a Roving Notary for 13 Notaries in
the Lower Mainland and as a trustee for
48
The Scrivener
Volume 14 Number 3 Fall 2005
Celebrating their 39th anniversary in the
Galapagos
Meeting Hills Tribe people while backpacking
in Thailand
Relaxing with Dianne in Sedona
Deborah Royer’s practice when she passed
away. Dave now restricts his roving practice
to Notaries south of the Fraser River, from
Delta to Abbotsford.
Although most Notary practices
operate with different managing styles,
most practices in the suburbs are similar.
They are focused on the residential real
estate market as well as Powers of Attorney
and Wills. Dave has always found the
Notary business very satisfying because
most clients are involved in pleasant
business transactions.
Dave has always thought that
community involvement is important to
the small business operator. Currently,
he is a Board member of the White Rock
South Surrey Chamber of Commerce and
the Chamber Insurance Corporation of
Canada. He is also treasurer of Mission
Possible, a care ministry providing services
to the residents of the Downtown Eastside
Volume 14 Number 3 Fall 2005
of Vancouver and has served as president of
Evergreen Baptist Care Society.
Dave says he does not have many
interests—that’s why he has continued to
work! And his wife said he couldn’t retire
until he had a plan. Hopefully, within the
next year, he can come up with a plan and
fully retire in October 2006. Until then,
Dave says he will keep working so his wife
(who does have a plan) can continue to
live the lifestyle to which he has made her
accustomed.
“Dianne and I have always enjoyed
travelling. During our Summer holidays,
we have visited Alaska, Europe, and China.
Working part-time has allowed us to take
extended camping holidays in East Africa
and South America.
“Now I am ready to cruise,” says
Dave.
Doesn’t that sound like a plan? ▲
The Scrivener
Digging for manioc on the Amazon
49
WHERE ARE THEY NOW?
Roy A. Bishop
R
oy Bishop is alive and well
and living in sunny White
Rock, BC.
He is semi-retired. He and his wife
Betty spend time in the desert and play
golf, tennis, and duplicate bridge. They
recently participated in the week-long
Regional Duplicate Bridge Tournament
in Penticton, BC. They attended the
International Notaries Conference in
Mexico City in October 2004 and cruised
South America, taking a side trip to
Macchu Pichu in Peru this January.
Roy’s den is decorated with trophies
recognizing his services as Yacht Club
Commodore, President of his Toastmasters
club, and member of the Masonic Order,
the Shriners of North America, his Pipe
Band, and Kinsmen Club.
no longer any need for Notaries. No new
Notaries had been sworn in for over a year
and The Society was faced with extinction.
Betty and Roy reach the top of Machu Piccu
On board ship, rounding Cape Horn
Roy, a Vancouver Notary, conducted
a campaign of writing hundreds of letters,
lobbying every MLA in the province,
holding meetings in Victoria with Allan
Cox (then Treasurer of the Law Society),
Premier William Bennett, Attorney
General Garde Gardom, and with Angus
Ree, MLA for North Vancouver, who
agreed to present a Private Members Bill
on behalf of the Notaries.
A tower of strength in all of this work
was Society Secretary Dr. Bernard Hoeter.
Bishop and Hoeter appeared on radio news
and talk shows and many other programs.
Notaries Bill Baker, Bill Brendon, and
Charles Ellington also worked hard on the
campaign.
He is, however, most proud of the
plaques presented to him by The Society of
Notaries Public. One is inscribed “Roy A.
Bishop, Notary of the Year” and the other
“Roy A. Bishop, Father of the Notaries Act
1981,” which recognizes his successful fight
for a new Notaries Act and thereby a new
lease on life for the Notaries of BC.
The previous Act, which dated back
to 1926, provided for the appointment
of Notaries in vacant notarial districts,
but only on the basis of need. The young
lawyers of the day, feeling the time was
ripe to eliminate their competition once
and for all, successfully argued before the
courts that there were more lawyers than
there was work for them, hence there was
50
Cruising off Point Roberts, USA
The Scrivener
Volume 14 Number 3 Fall 2005
A petition was circulated and some
35,000 people from all across the province
emphatically confirmed they wanted
the continuance of Notaries and their
services. The petition was presented to the
Legislature on March 25, 1981, when Roy
Bishop led a delegation to Victoria to speak
in support of the Private Bill.
His first address was to the NDP
caucus; their members appeared sympathetic
to the cause. Later the same day, Roy spoke
before the Government Caucus, again
presenting the case for the changes needed
for the survival of Notaries Public in BC.
At the end of Bishop’s address to the
Government Caucus, Attorney General
Allan Williams rose and assured the
delegation and the caucus that he would
take over the Private Bill, making it a
Government Bill and thereby assuring its
passage in the House. Bishop and Hoeter
were invited to Victoria on May 4 to meet
with the Government drafters to review the
final wording of the new Notaries Act.
During debate on the new legislation,
MLA Angus Ree introduced Bishop to
the members of the House. Roy also had
the pleasure of sitting in the Gallery when
the third and final reading of the new
Act was passed unanimously into law.
He immediately telephoned Hoeter in
Vancouver with the good news.
The Vancouver Sun headline the next
day read, “NOTARIES WIN LONG
FIGHT.”
Roy fondly remembers presiding over
his last convention that September at the
Empress Hotel in Victoria and having the
privilege of introducing Allan Cox of the
Law Society to the luncheon meeting.
Mr. Cox spoke kindly of the
negotiations that had taken place between
the two bodies and expressed satisfaction
that the matter had been finally resolved.
He said that in his opinion, the new Act
was “fair and reasonable.”
Roy was President of The Society
of Notaries Public from 1979 to 1981
and, with the inception of the Notary
Foundation of BC, was a long-term
member of its Board of Governors. ▲
Volume 14 Number 3 Fall 2005
The Scrivener
51
Society Presidents: 1926–2005
Jack Loutet
E. E. Hand
H. J. Cave
A. W. Whitaker
J. W. Prescott
A. W. McLeod
H. E. Warburton
H. J. Cave
W. C. Atherton
Harry Hargreaves
John T. Watt
Arthur B. Jacobson
North Vancouver
Vancouver
Vancouver
Vancouver
Vancouver
New Westminster
Vancouver
Vancouver
Vancouver
Vancouver
West Vancouver
Vancouver
1973 – 1974
1974 – 1975
1975 – 1977
1977 – 1979
1979 – 1981
1981 – 1983
1983 – 1985
1985 – 1986
1986 – 1988
1988 – 1990
1990 – 1992
1992 – 1994
John Reed
John Haddy
Denis Humphries
H. W. J. (Jack) Evans
Roy Bishop
Bill M. Baker
Stanley J. Nicol
Earl Stewart
Lawrence Stevens Sr.
Rick H. W. Evans
Brent Atkinson
Michael C. Carr
Abbotsford
Burnaby
Victoria
Nanaimo
Vancouver
Kelowna
North Vancouver
Whistler
Coquitlam
Nanaimo
Delta
Vancouver
1963 – 1965
1965 – 1966
1966 – 1968
1968 – 1969
1969 – 1971
1971 – 1973
Magistrate A. Jacobson
E. Noel Copping
Frank Kitto
Frank Ney
Vernon Hargreaves
William E. Brendon
Sechelt
North Vancouver
Victoria
Nanaimo
Vancouver
Vancouver
1994 – 1996
1996 – 1998
1998 – 2000
2000 – 2002
2002 – 2004
2004 –
George J. Tanco
Sally O’Sullivan
Kenneth R. Sherk
J. Ernest Janzen
Leta C. Best
Chris Dupuis
Vancouver
Abbotsford
West Vancouver
Kelowna
Victoria
New Westminster
Photo courtesy of www.franceslitman.com
1926 – 1927
1927 – 1928
1928 – 1930
1930 – 1932
1932 – 1934
1934 – 1935
1935 – 1939
1939 – 1941
1941 – 1943
1943 – 1958
1958 – 1959
1959 – 1963
The 2005–2006 Board of Directors of The Society of Notaries Public of BC
Standing: Susan Tong, John Eastwood, Tiah Workman, Scott Simpson, Lawrence Stevens Sr., Akash Sablok, Susan Davis, George Tanco,
Laurie Salvador
Seated:
Ernie Janzen; Leta Best, Immediate Past President; Chris Dupuis, President; Bill Anderson, Second Vice President
Absent:
Ken Sherk, First Vice President, and Brent Atkinson
52
The Scrivener
Volume 14 Number 3 Fall 2005
FUN & GAMES
Myles Mellor
Society Presidents Crossword
Prize Draw November 15, 2005,
from all correct submissions
1
2
3
4
13
17
Coveted BC Notary
Fleece Blanket
F F
I
S T
I
N D
I
U P
A
R
T O
I M
T A
L
E M
I D
E
A T
W E
E R
U I
S
V E N
E
R R E
A
N C O
G A
E R S
A V I T
L I T E
E
S R
A I M
S O N
L A W
S
W
B I L
A L
I
L I
N S
N P C
D
O
T O W I
O N
S
S
L
B E
I
A
S
D E E
M
B U R
L S
U
E N
T R U
R
O
O U G
T
E
H E R
E
A
S
E
M
E
N
T
T
R
I
M
O
I
I
S I
E
A T
L A
X
K
24
28
29
E
S
P
Y
5.
13.
14.
15.
16.
18.
19.
20.
21.
22.
24.
26.
27.
28.
30.
32.
34.
35.
37.
39.
40.
42.
43.
44.
46.
47.
Current Executive Director of The
Society
Society street for many years
Past time
A deep black
Join
Longest-serving Society staff member
Society President with a Notary
practice in West Vancouver
Town, for short
Symbolic tree
Consumed
May in Paris
Society President: 1973 to 1974
Brazilian town
Abraham, for short
Shape
Damaging act for which you can be
sued
Observe
Regret
Forehead
Minus
Society President: 1983 to 1985
Society Secretary: 1969 to 1987
In the direction of
Society President: 1965 to 1966 (inits.)
Opposite of stop
Poet, Elliott (inits.)
Longest-serving Society President
Volume 14 Number 3 Fall 2005
32
36
33
37
48
42
55
60
64
65
69
70
75
45
49
54
59
38
41
44
50
51
56
61
62
66
67
71
52
57
72
73
76
ACROSS
1.
31
43
53
12
27
40
47
11
22
35
46
10
19
26
30
39
58
9
15
25
34
A
S
S
I
G
N
M
E
N
T
8
21
23
A
L
E
X
A
N
D
E
R
7
18
20
Summer Winners/Answers
First Prize:
Dawn Lagerbom, NP
Second Prize: Eric Huffey, Realtor
6
14
16
First prize:
5
63
68
74
77
DOWN
50.
54.
55.
57.
58.
60.
62.
64.
66.
67.
69.
70.
72.
74.
75.
76.
77.
Current Society President
Society President: 1928 to 1930 and
1939 to 1941
Antlered animal
Father
First two letters of the city where
H. E. Warburton, Society President
from 1935 to 1939, practised
Positively charged storage battery
Society President: 1934 to 1935
President (inits. for first and middle
names)
Prize
Negative prefix
Society President: 1985 to 1986
Infrared (abbr.)
To be hindered or slowed
Society President: 1963 to 1965, a
Magistrate (inits.)
Society President: 1979 to 1981
Samuel, for short
Society President: 1981 to 1983
Society President: 1966 to 1968
HOW TO SUBMIT YOUR ANSWERS:
Please fax your answers to
Scrivener Crossword Puzzle:
604 985-0900 or scan and email
to [email protected].
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
17.
21.
22.
23.
25.
28.
29.
31.
33.
36.
38.
40.
41.
45.
47.
Society President: 1958 to 1959
A khan
Vacillate
Summon
Society President: 1994 to 1996 (inits.)
Remainder
Society President: 1941 to 1943
Society President: 1969 to 1970, son of
47 across
Sign, a contract, for example.
Light (abbr.)
Society President: 2002 to 2004
Notary Foundation’s Immediate Past
President, Society President: 2000 to
2002
Fat
PDF maker
Deck officer
First Society President: 1926 to 1927
___ tu, Brute.
Madame
Slants toward
Three educational basics
Ancient
Comedian
Therefore
Shout of encouragement
Between a ___ and a hard place
French gold
Society President: 1927 to 1928
The Scrivener
48.
49.
51.
52.
53.
54.
56.
59.
61.
62.
63.
65.
68.
70.
71.
73.
Colour of danger
You, old way
Address type
First female President of The Society
Society President: 1977 to 1979
Society President: 1992 to 1994
Painting with a smile
Society President: 1930 to 1932 (inits.)
Boundary
Mystery channel
Skin imperfection
Target
Go bad
Society President: 1990 to 1992 (inits.)
Approve
I followers?
Submitted by:
Name
Phone
Fax
email
53
• Affidavits for All Documents required at a
Public Registry within BC
• Authorization of Minor Child Travel
• Business Purchase/Sale
• Certified True Copies of Documents
• Commercial Leases & Assignment of Leases
• Contracts and Agreements
• Easements & Rights of Way
• Estate Planning
• Execution/Authentications of International
Documents
• Health Care Declarations
• Insurance Loss Declarations
• Letters of Invitation for Foreign Travel
• Manufactured Home Transfers
• Marine Bills of Sale & Mortgages
• Marine Protestations
• Mortgage Refinancing Documentation
• Notarizations/Attestations of Signatures
• Passport Application Documentation
• Personal Property Security Agreements
• Powers of Attorney
• Proof of Identity for Travel Purposes
• Purchaser’s Side of Foreclosures
• Representation Agreements
• Residential & Commercial Real Estate
Transfers
• Restrictive Covenants & Builder’s Liens
• Statutory Declarations
• Subdivisions & Statutory Building Schemes
• Wills Preparation
• Wills Searches
• Zoning Applications
Tiah’s
Delicious
Broccoli
Salad
4 cups chopped raw broccoli
1 cup chopped celery
1 cup chopped sugar snap peas
½ cup chopped green onions
1 cup seedless red grapes
1 cup seedless green grapes, halved
½ cup crumbled bacon/real bacon bits
(optional)
Dressing
1 cup light Miracle Whip® salad
dressing
2 T vinegar
• Marriage Licences
• Mediation
• Real Estate Disclosure Statements
1 T sugar
For the BC Notary office nearest you,
please call 1-800-663-0343
or visit www.notaries.bc.ca.
Editor’s
We welcome comments from our
readers. Many thanks to Dr. Bernard
Hoeter—long-time Secretary of The
Society of Notaries Public of BC—for
his ongoing interest in the magazine.
Some BC Notaries provide these services.
Over 280 locations to serve you
54
P R IVATE R ECI P E
Food styling by Greg Workman
What Services
Can a BC Notary
Provide?
Toss and serve. Makes 8 servings.
For those counting points, it works
out to 3 points per serving, including
the optional bacon bits.
Thanks to Nanaimo Notary
Tiah Workman
The Scrivener
Next Issue: Winter 2005
Allied Professionals:
Realtors
Robert Laing, BCREA’s Executive
Officer (left) and Dave Barclay,
President of BCREA
We define Allied Professionals as
people who work with BC Notaries
to serve the public. Our series on
Allied Professionals has featured land
surveyors (December 2004) and
lawyers (June 2005). The upcoming
Winter issue will focus on Realtors in
all areas of BC.
Advertising
Opportunity
Showcase your business
to the thousands of
Allied Professionals in BC who
read The Scrivener, quarterly!
Winter Advertising Deadline:
November 21, 2005
[email protected]
Voice: 604 985-9250
www.notaries.bc.ca/scrivener
Volume 14 Number 3 Fall 2005
THE NOTARY FOUNDATION: BOARD OF GOVERNORS
Larry Stevens Skillfully
Serves The Society and
His Community
B
orn in Vancouver, Larry
Stevens grew up in the east
end and North Burnaby.
He met his future wife Janice when
they attended Burnaby North High
School.
After high school, Larry joined a
Canadian chartered bank and worked
for eight years at branches in BC.
Board would assign Larry a Seal in Port
Coquitlam—if he could be ready to sit
for the exams in four months. The rest, as
they say, is history. Larry practised in Port
Coquitlam until 1994.
His mentor was his
father-in-law, the late
James L. Robinson Sr.
One day in 1969, after Larry had
expressed some dissatisfaction with his work
at the bank, his father-in-law said, “Why
don’t you quit that bank and come to work
for me? I’ll give you $100 a month raise.”
Through Larry’s involvement with
the Foundation, he became involved with
the Coquitlam Public Library Board and
served as its Chair in 1993. At present, he is
a member and Past President of Princeton
Rotary Club and serves on the Board of
Variance for the Town of Princeton, the
Princeton General Hospital Foundation,
and St. Paul’s United Church, Princeton.
It took a few days of thought but, in
accepting his offer, Larry and Janice say
they made one of the best decisions of their
young lives.
During that time, Larry expressed an
interest in becoming a Notary Public, but
was told there was no possibility of
another Seal being placed in Coquitlam.
One day in December 1976, his fatherin-law, a member of The Society’s Board
of Directors, called to say that the
Volume 14 Number 3 Fall 2005
He served on the Board of Governors
of the Notary Foundation from its
inception until 1994 and again from 2003
to the present. He enjoys working on the
Finance Committee to help maximize
the income of the Foundation within a
conservative portfolio of investments.
Although the highlight of Larry’s
career is his 24 years of service on the
Board of Directors of The Society of
Notaries Public of BC, he is “most proud
of seeing our son being sworn in as a
Notary Public in 2001 and seeing him
become a successful member.”
His mentor was his father-in-law, the
late James L. Robinson Sr., a Notary Public
for the District of Coquitlam and President
of Brunette Agencies Ltd., a real estate and
insurance agency.
Larry became a conveyancer. He began
to learn the real estate profession and spent
the next seven years at night school and
UBC, taking the Urban Land Economics
course.
office because their parents recommended
Larry for their conveyance work.
In 1994, wishing a slower pace,
he transferred his Seal to Princeton. In
2001 their son, Lawrence E. Stevens Jr.,
became a Notary Public and took over
Larry’s practice. Larry then transferred to
Keremeos, where he continues to practise.
When asked to talk about the most
satisfying aspect of his practice, Larry says
it is the positive feedback and referrals that
he receives from his clients—particularly
when former clients’ offspring attend his
The Scrivener
Married for 42 years, Larry and Janice
have worked together since Larry became
a Notary Public; they have three adult
children and four grandchildren. The
couple enjoys golf, motorcycling, and travel
in their motor home. During the Winter
months, they spend a little time in the
Palm Springs area.
“I look forward to continuing to serve
The Society and the Foundation for some
time to come,” says Larry. ▲
55
THE NOTARY FOUNDATION
Penny Bain
T
Spotlight on Good
Works: BC CEAS
he BC Coalition to
Eliminate Abuse of Seniors
is a provincial forum for
individuals, seniors, community
agencies and organizations,
government, and policymakers
who work together to eliminate
the abuse of seniors.
Research indicates that 1 in 12 seniors
in BC will experience financial abuse, often
by family and other helpers or caregivers.
With a Grant from the Notary Foundation,
BC CEAS has developed and printed 500
56
copies of Strategies for Notaries Working
with Seniors. The booklet gives Notaries
helpful information and tips for working
with seniors in these four areas.
•
•
•
•
Attitudes toward seniors
Seniors as victims of abuse
Legal issues
Resources
Research indicates that
1 in 12 seniors in BC will
experience financial abuse,
often by family and other
helpers or caregivers.
The Scrivener
Copies of the booklet were distributed
at the 2005 annual general meeting of
The Society of Notaries Public of BC. The
booklets are available upon request from
BC CEAS. ▲
email: [email protected]
Voice: 604 437-1940
Toll free: 1-866-437-1940
By mail: 411 Seniors Centre
411 Dunsmuir Street
Vancouver BC V6B 1X4
Volume 14 Number 3 Fall 2005
$12,199,555
T
he 12-member Board of Governors of the Notary
Foundation of BC is comprised of:
• eight members of the Board of Directors of The Society of Notaries
Public of BC;
• one representative from the Attorney General’s office in Victoria;
• two Directors-at-Large, appointed by the Attorney General; and
• the Executive Officer.
The eight members from The Society are elected by the Directors of
The Society from among their ranks, for a three-year period.
Current Governors
Leta C. Best: Chair
William G. Anderson
Susan Davis
Christopher W. Dupuis
Laurie Salvador
Ken Sherk
Larry Stevens Sr.
George J. Tanco
Robert Adamson: the Attorney General’s Representative
Jennifer L. Harry: Director-at-Large
Wayne Strandlund: Director-at-Large
The Governors of the Foundation have the responsibility of guiding the
Foundation in its mandate to disperse the funds generated by interest on
Notaries’ Trust Accounts for the following purposes.
1. Legal education
2. Legal research
3. Legal aid
4. Education and continuing education for Notaries and applicants who
have enrolled to become BC Notaries
5. Establishing, operating, and maintaining law libraries in BC
6. Contributions to the special fund established under the Notaries Act of BC
G. W. (Wayne) Braid, Executive Officer of the Foundation,
is responsible for administration of the office, staff, and the diverse
investment funds of the Foundation.
The Board of Governors meets quarterly to consider applications
for funding from various organizations and to set policy, review the
Foundation’s financial status, and provide direction for the administration of
the Foundation.
Volume 14 Number 3 Fall 2005
The Scrivener
* Contribution to date from
the Notary Foundation of BC to
the Legal Aid Society of BC.
Source: Interest earned from
Notaries’ trust accounts
(the Notaries Act of BC)
57
MONEY MATTERS
Ryan Sharp
Are High Oil Prices
Here to Stay?
A
re you tired of paying
more than a dollar a
litre for gasoline? More
important, why has the price of
oil gone up so much and will it
stay there?
Demand
Global Oil consumption averaged 82.1
million barrels a day in 2004 and is
forecasted by the International Energy
Agency to grow to 83.45 million barrels a
day in 2005. The long-term forecast is for
oil consumption to grow to 119 million
barrels a day in the year 2025.
Why the large increases?
The United States is currently the largest
consumer of oil in the world. The largest
change in consumption over the last few
years, however, has come from developing
countries, particularly China. In 1993
China went from being a net exporter
of oil to being a net importer of oil and
consumption has grown ever since. China
is now the world’s second-largest net
importer of oil. In 2004 consumption in
China grew by 1 million barrels a day;
China is forecast to be importing 10.9
million barrels a day by 2025.
58
Supply
The global supply of oil is open to many
questions and possible disruptions. Most
recently, Hurricane Katrina caused a
major disruption to both short- and midterm supply and refining capacity in the
Gulf of Mexico. In 2003 the war in Iraq
reduced production there by 2.3 million
barrels a day. There have been a series of
these temporary disruptions for years,
usually causing oil prices to increase in the
short term.
Most recently, Hurricane
Katrina caused a major
disruption to both shortand mid-term supply and
refining capacity in the
Gulf of Mexico.
What has changed?
Analysts are starting to forecast long-term
demand outpacing long-term supply
capacity. Prior to Hurricane Katrina, oil
production was around 84.2 million barrels
a day or slightly above current levels of
demand. The fear driving oil prices higher
is that we do not have enough excess
capacity to meet growing global demand
The Scrivener
or to compensate for another supply
interruption.
Balance
With available supply roughly equal to
the amount of demand in the market, the
price of oil and oil products should reach a
balance point. In other words the price of
oil should reach a point where growth in
demand slows enough to meet the growth
in supply.
Are we at such a point? Already the
demand for oil and oil products is showing
signs of slowing with the growth in
Chinese imports down significantly from
last year.
Without another major disruption in
the supply of oil, the higher prices should
reduce demand enough in the short term
to find a steady price point. In the long
term, however, the growth in consumption
from developing countries, especially
China, could start to put pressure on oil
supply and raise long-term prices if there is
not a significant production increase.
Canada
The effect of high oil prices on Canada is
both positive and negative. On the positive
side, Canada is a net exporter of crude
oil and the largest exporter in the world
Volume 14 Number 3 Fall 2005
The negative impact of
high oil prices is that we
are spending a larger
portion of our income on
oil and gas than on other
products.
of crude oil and crude oil products to the
United States. The average export is around
2.1 million barrels a day, accounting for
almost 15 percent of the United States
imports. In July, oil exports helped raise
our trade surplus to $5.8 billion. This in
turn has helped to strengthen our dollar,
which is now commonly referred to as
the “petro loonie” or “petro dollar.” Over
the longer term, the oil sands in Alberta
contain the second-largest known oil
reserves in the world next to Saudi Arabia.
The negative impact of high oil prices
is that we are spending a larger portion
of our income on oil and gas than on
other products. The same is true for other
countries. The result is that higher oil
prices may slow global economic growth.
BC NOTARIAL OPPORTUNITIES
From Time to Time . . .
a BC Notary practice becomes available, perhaps due to retirement
plans or relocation. Currently there are opportunities in Cranbrook,
the Gulf Islands, and the Lower Mainland.
For more information: voice 604 985-9250
fax
604 985-0900
or email [email protected].
In doing so, it should also slow the
demand for oil, keeping the supply and
demand in balance for the near term, again
assuming no major disruptions in supply.
Over the long term, I think we should
get used to paying over a dollar a litre for
gasoline. ▲
This report is solely the work of the
author. Although the author is a registered
investment advisor at Canaccord Capital
Corporation (“Canaccord Capital”), this
is not an official publication of Canaccord
Capital and the author is not a Canaccord
Capital analyst. The views (including any
recommendations) expressed in this article
are those of the author alone and are not
necessarily those of Canaccord Capital.
Ryan Sharp, MBA, is an Investment
Advisor with Canaccord Capital,
member CIPF, providing wealth
management and financial planning
advice for his clients.
Voice: 604 643-7015
[email protected]
Volume 14 Number 3 Fall 2005
The Scrivener
59
HEALTH DECISIONS IN BC
Catherine Luke
The Right to Choose:
Living Wills in British Columbia
O Death, rock me asleep,
Bring me to quiet rest,
Let pass my weary guiltless ghost
Out of my careful breast.
Attributed to Anne and George Boleyn (1536)
In 21st century North America, we
live in a privileged culture where our
choices have almost outstripped our desire
to choose. My great grandmother Ann
Argue died in 1948. She had relatively few
health choices, did not have a Living Will,
and would not have understood the utility
of such a document.
In the last half-century, our lives have
changed considerably in ways that make it
prudent to consider and choose in advance
what health care we want if we become
unable to make or communicate those
decisions ourselves.
ways of prolonging both life and the
dying process at its end.
• As a culture we are discouraged from
thinking or talking about our own
mortality. In our youth-obsessed,
death-denying society, we are not
encouraged to think about our
mortality or to make plans for what
is an inevitable end. When decisions
about a family member’s health care
must be made, too often they are based
on guesses or emotional motives.
Taken together, those simple facts
offer a persuasive argument for clearly
communicating our wishes for future
health care to our family and other
Consider the following common facts
of life in 2005.
60
When that time comes, there will be
even more choices in medical treatments
available than there are now and, without
clear communication about our view of
what makes a good quality of life and
instruction about what health treatments
we want and under what circumstances,
our families may be left with the
unenviable task of guessing our wishes.
Teaching people about Living Wills,
also known as advance directives, I
have heard many stories about death in
families—stories about good deaths when
the dying person’s wishes were known and
stories about difficult deaths fraught with
disagreement or guilt.
But it is not those stories that remain
in my memory. It is the hundreds of
individuals I meet whose voices ask in
calm, dignified, and emphatic tones for
• More and more of us are living
longer than ever before. But with that
extended lifespan comes an increased
likelihood of chronic illness and loss of
cognitive ability.
• We have access to remarkable medical
technology that offers us an everincreasing array of treatments and
decision-makers. Leaving aside the
possibility of catastrophic illness or
accident, it is likely that many of us will
reach an advanced age and may be unable
to make our own health care decisions.
Ann Argue, great grandmother of the author
The Scrivener
As a culture we are
discouraged from thinking
or talking about our own
mortality.
Volume 14 Number 3 Fall 2005
the information and tools to document
their wishes for future health care. These
people simply and instinctively know
that giving instruction about the health
care they want in the future is the right
thing to do—right because it is our right
to decide such things and right because
it relieves others of the terrible burden of
making those decisions for us.
These are brave and practical people
who are not afraid to contemplate their
own mortality and consider the point at
which they believe a good life ends and a
good death begins.
The information they need provides
answers to these questions.
• Who makes health care decisions for
me if I become decisionally incapable?
• On what basis does my decisionmaker make such decisions?
• How do I convey my wishes to my
decision-maker?
Who?
In BC, every capable adult has the right to
consent or withhold consent to health care,
that is, to accept or reject the health care
treatment offered. If an adult is unable to
make or communicate such decisions due
to illness or cognitive impairment, British
Columbia law allows another person to
make those decisions on behalf of the adult.
A capable adult can choose the
individual who will make substitute
decisions for him or her in the future. If
the adult does not select an individual
before the adult becomes incapable, the
law requires that a health care provider or
a court of law appoint someone to make
those decisions. The laws and rules for the
appointment of these different decisionmakers are as follows.
The Patients Property Act outlines
procedures for a family member, a friend,
or the Public Guardian and Trustee to
be appointed by the court as guardian or
Committee (pronounced kaw-meh-tay)
of an adult deemed incapable of making
health care and personal care decisions.
A capable adult can choose another
person to make decisions for him or her
Volume 14 Number 3 Fall 2005
for the time when the adult is no longer
able. This choice is made under the
authority of the Representation Agreement
Act, which allows capable adults to appoint
Representatives to make health care and
personal decisions for the adult when he or
she is no longer decisionally capable.
The TSDM must be at least 19 years
of age, have been in contact with the adult
during the preceding 12 months, have no
dispute with the adult, and be decisionally
capable and willing to comply with
the duties described in the Health Care
(Consent) and Care Facility (Admission) Act.
A Representation Agreement that
allows the Representative to refuse lifesupporting care and treatment on behalf
of another person requires consultation
with and a certificate from a lawyer. In
BC, a Representation Agreement is the
only means of choosing who will make
health care decisions for you if you become
incapable of doing so yourself.
If the adult has no adult relative who
matches these criteria, the health care
provider must refer to the Office of the
Public Guardian and Trustee (OPGT),
which is able to appoint someone else to
make the decision, for example, friend,
associate, or staff member of the OPGT.
In BC, every capable
adult has the right to
consent or withhold
consent to health care,
that is, to accept or reject
the health care treatment
offered.
In emergency situations when the
Representative cannot be reached or a
TSDM cannot be appointed, a health
care provider must provide treatment
unless he or she has reason to believe the
patient did not want the treatment. In
an emergency, a health care provider may
override a refusal of treatment from a
TSDM or Representative if he or she feels
that decision-maker is not complying with
the duties with which that individual has
been entrusted.
What?
Note: Individuals appointed through
Powers of Attorney are not legally
empowered to make health care
decisions—only financial or legal
decisions—for another adult.
If a health care decision must be
made for an incapable adult who has not
appointed a Representative (does not
have a Representation Agreement), the
Health Care (Consent) and Care Facility
(Admission) Act requires a health care
provider to appoint someone to make
decisions on behalf of the adult. The health
care provider chooses that person—a
Temporary Substitute Decision-Maker
(TSDM)—from the following list, in this
order, to make the decision for the adult.
What are the duties of Committees,
Representatives, and Temporary Substitute
Decision-Makers when they make health
care decisions on behalf of incapable adults?
BC legislation requires that a
health care decision made on behalf
of an incapable adult be based on “the
instructions or wishes the adult expressed
while he or she was capable.” If an adult’s
wishes are not known, the decision is made
based on the adult’s values and beliefs. If
these are not known, the decision is based
on the adult’s best interests using a process
detailed in the Health Care (Consent) and
Care Facility (Admission) Act.
How?
4. The adult’s brother or sister
In BC, our laws do not specify how a
capable adult must express his or her
wishes for future health care and thus
do not identify Living Wills or advance
directives. Our legislation simply requires
substitute decision-makers to base their
decisions on the adult’s known wishes.
5. Anyone else related by birth or
adoption to the adult
While these wishes can be expressed
verbally or in writing, the most effective
1. The adult’s spouse
2. The adult’s child
3. The adult’s parent
The Scrivener
61
and reliable means of doing this is in a
written document that has been discussed
and shared with family, friends, and health
care providers.
Advance directives or Living Wills are
one way for us to express our wishes for
future health care. There are many different
models for advance directives or Living Wills.
In BC, any and all these forms constitute
legally binding instruction. Whatever
form you choose to use, it is important
to remember that your goal should be to
give your family and health care providers
the greatest possible confidence in your
instruction. You can do this by:
• being as clear as possible in your
instruction and including or
discussing your reasons—usually your
values and beliefs—for making the
decisions you have made;
• making sure your document is upto-date and that it reflects your most
recent thinking about what health care
you want; and
• ensuring you have talked over the
content of your Living Will with your
62
Advance directives or Living
Wills are one way for us
to express our wishes for
future health care.
family and health care providers and
you have given them copies of the
document.
Advance directives are tools to help us
begin to break through the cultural taboos
about death and dying, to confront our
mortality and plan for the future. ▲
Catherine Luke, PhD, is the project
manager and educator for the Vancouver
Island Health Authority’s “Let Me Decide”
Advance Directives Project. She made
a presentation on advance health care
planning at the Spring 2005 Seminar of
The Society of Notaries Public of BC.
Voice:
250 370-5687
[email protected]
www.viha.ca/healthpoint/let_me_
decide/index.htm
The Scrivener
For More Information . . .
• BC’s Office of the Public Guardian
and Trustee Website:
http://www.trustee.bc.ca/
• Representation Agreement Resource
Centre Website:
http://www.rarc.ca/textual/home.htm
• British Columbia Legislation:
Representation Agreement Act,
Patients Property Act, and Health
Care (Consent and Care Facility
(Admission) Act
•“Let Me Decide” Advance Directives
Project (until March 2006) of the
Vancouver Island Health Authority
(VIHA)
Voice: 250 370-5687
email: [email protected]
http://www.viha.ca/healthpoint/let_
me_decide/index.htm
Volume 14 Number 3 Fall 2005
Business to Business
Rent This Space!
Call: 604 985-9250 Fax: 604 985-0900
[email protected]
Winter 2005 Deadline: Nov. 21
Volume 14 Number 3 Fall 2005
The Scrivener
63
HISTORY OF NOTARIES
Bernard W. Hoeter
Les Notaires
de France
T
he Italian notariat, as
it developed under the
influence of the teachings
of the University of Bologna,
was well received in France
during the 11th century.
But the Italian system was
soon modified to meet the specific
requirements of French society. French
kings did not accept the popes’ or
emperors’ claims to have exclusive rights
to commission notarii, either directly or
through their delegates. They claimed to
have a natural right to appoint their own
notaires. As early as the middle of the
12th century, French kings independently
commissioned notaires royaux (Notaries
Public) and notaires du roi (Notaries
serving in the king’s chancery).
In 1302 King Philip
the Fair decided to protect
his notaires royaux who
paid him so well.
notarial commissions. The feudal overlords
for their realms created their own territorial
Notaries (notaires seigneuriaux).
During the reign of Louis IX
(+1270), a specific French Notariat was
established. The King decided to separate
the contentious from the non-contentious
jurisdiction. Louis IX wanted to free his
judges from such routine legal work that,
he believed, could be handled outside his
courts. In the framework of this judicial
Competition from Judges and
Scriveners
The new notaires, however, still needed
the prevot’s seal, known as the king’s seal,
to give their instruments legal effect.
Notarial documents bearing the royal seal
were effective throughout France. For the
use of the King’s seal, the Paris Notaries
had to pay 50 per cent of their fees to the
royal purse. The Notaires au Chatelet de
Paris faced stiff competition from court
scriveners and scribes, who shared fees with
their judges rather than with the king.
In 1302 King Philip the Fair decided
to protect his notaires royaux who paid him
so well. Philip forbade court scriveners
to engage in quasi-notarial practices. The
seigneurs reacted and banned all except
their own notaires seigneuriaux from
drafting legal papers for non-judicial
purposes. Territorial notaires were soon
exclusively in charge of all non-contentious
matters in non-royal domains, to wit in
Burgundy, Brittany, Anjou, Bourbon,
Artois, and Gascony. Their deeds were
sealed by territorial (seigneurial) courts.
During these early times, the power
of French kings, however, was restricted to
their own domains. The possessions of the
French monarchy were surprisingly small
in the late 13th century. The Paris Crown
controlled less than one-third of the total
territory of France.
The seigneurs—feudal magnates of
medieval France—ruled supreme in their
fiefdoms and derived substantial revenue
from their administration of law. They sold
judgeships, tax collector appointments, and
64
reform, Louis IX commissioned notaires
for the large court district of Paris. He
bestowed these new Notaries with public
faith. His Notaries were called Notaires au
Chatelet de Paris. They worked out of the
Paris courthouse, but independent of the
prevot, the Chief Justice of the Chatelet de
Paris, the Royal Supreme Court.
The Scrivener
Volume 14 Number 3 Fall 2005
About this time France developed a
document that became characteristic for
French notarial practice: the instrument
with executory power called execution paree.
Although French Notaries were not
para-judges, they could, through notarial
documentation, arrange automatic judicial
enforcement of their instruments. A debtor
in a notarial contract had irrevocably to
agree to uncontested foreclosure, should he
not meet his obligations.
No trial was necessary. Should the
debtor default, the mortgagee submitted
the notarial mortgage instrument,
together with his affidavit of default, for
enforcement to the court that initially had
sealed the notarial mortgage. The court
then rubber-stamped the foreclosure order
without hearing further evidence. Equity
was unknown in early French courts. But
even this procedure was considered tedious,
because notarial instruments executed in
Paris had to be returned to the Court of
Paris for enforcement.
All Fees to the King
As soon as central royal authority was
strengthened in the mid-14th century,
territorial Notaries, to the annoyance of
the seigneurs who no longer could collect
“their” share of notarial fees, became
authorized to use the royal privy seal to
authenticate their instruments nationally.
They now split their fees with the king.
Nevertheless, the Great Royal Seal
remained reserved for the Paris prevot who,
by now, had become the king’s chancellor.
In 1304, during the reign of Philip
the Fair, the first French Notaries Act was
passed. From now on, only the King
could commission Notaries. In theory the
seigneurs lost their privilege to commission
territorial Notaries. In practice, however,
the independent territorial princes
continued to appoint their own notaires
until the mid-15th century. Papal and
Imperial Notaries also practised in France.
The French Notaries Act of 1304
restricted commissions to free and
literate property owners who had no
criminal record. French notaires bought
commissions from the Crown and, once
paid for, the commission became personal
Volume 14 Number 3 Fall 2005
property to sell or, as was custom, to
bequeath it to a son.
The Act prescribed that the notaire
personally had to attend the draft of the basic
protocol. A scrivener, the notaire’s employee,
then re-wrote the protocol and brought it
into the final form. The notaire checked
the final copy and then read it aloud to the
involved parties who usually could neither
read nor write. Their signatures (crosses)
had to be witnessed by two notaires and
two lay persons. If a second notaire was
not available to witness the execution, at
least three lay persons had to attend to
signing and delivery. The officiating notaire
retained the original instrument. He issued
exemplifications (grosses) to the parties.
By the early part of the
16th century, three classes
of notaires had developed
in France.
From 1304 on, notaires no longer could
roam France. They were assigned specific
districts where they could work. They could
not legally practise outside their territory.
The Act of 1304 also regulated the matter of
archives of deceased notaires; the successor
of a deceased notaire had to preserve his
predecessor’s original documents.
Philip V, known as Philip the Tall, in
1315 established regional notarial societies
(guilds), Chambres des Notaires. All Notaries
within a certain court jurisdiction had to
belong to such guilds, which had admittance
prerogatives concerning candidates and
disciplinary power over members. From
now on, the Crown appointed French
Notaries only upon the recommendation of
guilds. French Kings Charles VII (+1437)
and later Francis I (+1542) further regulated
French notarial procedure.
Three Notarial Classes
By the early part of the 16th century, three
classes of notaires had developed in France.
1. The notaire locale was entitled to
draft instruments but could neither
attend their execution nor issue
exemplifications (grosses1).
2. A notaire tabellion then checked
The Scrivener
the draft and scripted a final copy.
He kept the original and issued
exemplifications, which were sealed
with the royal seal.
3. A senior notaire regionale had power to
perform all functions of the two junior
classes. The notaire regionale practised
at the seat of a Supreme Court. He
employed notaires locale and scriveners
of the various towns and villages
within his court’s jurisdiction.
Francis I amalgamated the three
classes. After 1530 a senior Notary,
modelled on the notaire tabellion,
drafted, attended, executed, and certified
instruments and acts. Francis also created
the Office des Gardes et Scelleurs, headed by
a civil servant responsible for affixing the
royal seal to notarial instruments submitted
to him. From that time on, the seal tax
was no longer shared with judges, but
went straight into the royal coffers. Francis
I confirmed the royal ordinance that a
notaire was restricted to work only within
his assigned district.
In 1575 King Henry III established
a special bureau to receive original
instruments of deceased notaires. The Office
des Notaires-Gardes-Notes was headed by a
registrar entitled to excerpt and exemplify
instruments in his custody to parties who
requested certified true copies of originals.
Individual Seals
In 1761 King Louis XIV finally granted a
seal to each French Notary. Individual French
Notary seals showed the royal coat of arms
indicating authority. Thus the Office des
Gardes et Scelleurs became redundant.
For more than 400 years, until the
French Revolution of 1789, notarial
commissions were bought from the Crown.
The revolutionary Constituent Assembly
changed the status quo in 1791. The
king’s feudal rights, including the right to
commission Notaries, was rescinded.
The Republicans now decreed that
notaires publique were created by the civilian
head of state. No longer could the office of a
notaire be bought, sold, or inherited. French
Notaries were from that time forward
commissioned for life. After a notaire died or
65
vacated his office, the national government
in Paris re-assigned the vacant seal. The
number of notaires became fixed for each
district. A new Notary could be appointed
only when a notarial office was vacated.
The 1791 law proved to be imperfect;
a new law, the mother of all modern Notary
Acts, was proclaimed on the 25th Ventose of
year XI2 (according to the old calendar, the
16 March 1803).
Tribune Joseph Pierre Jaubert, during
discussion of the new French Notarial
Act, said: “The notarial profession will no
doubt have many written rules. But the
first and most essential of all qualities of a
Notary should be finesse.”
Studies for the new Notaries Act were
already commissioned by Napoleon, first
consul, in 1802. His attitude toward
women is reflected in the new law. The new
Notaries Act was reformed giving expression
to Napoleon’s belief that women require
restraint.
Napoleon took constantly an earnest
share in the deliberations of the jurists. The
66
new French Notaries Act was comprised of
two chapters containing 69 subdivisions.
The first chapter was headed Des Notaires
et des Actes Notaires, the second was called
Regime du Notariat. French notaires became
public servants, officers of the courts.
The Act and subsequent legislation
including the Civil Code, the Code
de Procedure, granted French Notaries
exclusive rights to draft all instruments of
authentic character and probative force for
extra-judicial use3.
French Notaries are liable
for damages arising from
malpractice, negligence,
incompetence, or fraud.
Modern Notaries
Today the French notaire practises
independent of the courts in all noncontentious matters. He deals with
marriage contracts, separation agreements,
property inventories of missing or
deceased persons, property settlements,
The Scrivener
and donations. He drafts last Wills and
testaments and attends probate matters and
estate administration. He deals with real
estate conveyances and tax declarations,
issues certificates of life for pensions and
superannuations, administers oaths, and
takes affirmations.
French Notaries are commissioned for
life. Their commission expires only upon
resignation, death, or termination by court
order. Today each French departement4 has
its own Society of Notaries. Membership is
mandatory in the Chambre des Notaires, often
also referred to as Chambre de Discipline.
The departemental Society through its
Board of Directors has disciplinary power to
reprimand, fine, or suspend a member found
guilty of infractions. Serious cases are referred
to the courts.
A French notaire is commissioned to
practise only in a notarial district that is
identical to the court district in which he
lives. A notaire residing in the city of Paris,
the seat of a Supreme Court, has greater
geographic jurisdiction than a notaire living
in a town of Amiens, which is served only
Volume 14 Number 3 Fall 2005
by a County Court. A notaire practising
in a village, such as Abbeville, served only
by a Magistrate’s Court, is restricted to
practise within the magistrates’ jurisdiction.
but for nearly 200 years have been unable
to enter the fortress of French notarial
privileges.
French Notaries are liable for damages
arising from malpractice, negligence,
incompetence, or fraud. To protect the
public against notarial defaults, each Notary
must contribute to his Society’s insurance
fund, an annual premium proportionate to
the size of his district and practice.
1. Oesterley, Das Deutche Notariat,
(Goettingen, 1842).
Population determines the number
of Notaries allowed to practise in a given
district. The French Notaries Act provides
that at least six Notaries, but not more than
12, serve a district of 100,000 inhabitants
or more. A minimum of two but not more
than five Notaries may officiate in a district
with less than 100,000 residents.
2. Hibbert, Christopher. Napoleon,
(London, 2000).
Certificates of Fitness
The French Notaries Act regulates notarial
education, training, and appointment.
The Chambre des Notaires of the district in
which a candidate applies to practise has
to provide the applicant with a certificate
of support, assuring the court that the
candidate is morally, academically, and
financially fit for office5.
Upon receipt of such certificate, a
Minister of Justice representing the Head
of State commissions the notaire, designates
his practice district, and advises the local
court of the new appointment. The district
court registrar confirms that the appointee
has contributed to the statutory insurance
fund and swears him into office. The
notaire is ready to practise as soon as he
deposits a specimen signature with his
professional society and the local court.
The French Notaires’ status has
changed little since the Act of 1803
prescribed functions, seal, and procedures.
The schedule of fees increased in 18706
when the Code de Procedure containing the
schedule of minimum fees was amended by
Imperial Order.
Monsieur Notaire, addressed in France
as maître, is a respected, expensive7, senior
member of his community, enviously eyed
by other learned friends. French advocates
(lawyers) would love to have access to the
notaires’ exclusive commercial activities,
Volume 14 Number 3 Fall 2005
Sources
Ibid. J. B. Loret, Elemens de la Science
Notariate, Paris 1807, Vol. 1.
Ibid. Merlin, Repertoire de
Jurisprudence Paris (1808), as quoted
by Oesterley.
3. Lockhart, John Gibson, The History of
Napoleon Buonaparte, (London, 1829),
Reprint 1906.
Quotations
Glory is fleeting, but
obscurity is forever.
History is the version of
past events that people
have decided to agree
upon.
1
Certified copies
In politics, absurdity is not
a handicap.
2
The revolutionary French government
introduced a new calendar system.
The 12 moon months were replaced
(temporarily) by 10 months according
to the decimal system.
Never interrupt your
enemy when he is making
a mistake.
Footnotes
3
4
5
The Commoners who ruled the
Revolutions Legislative Assembly
viewed advocates (barristers and
solicitors) as members of the
Royal establishment, politically
untrustworthy and unworthy of
sharing lucrative business.
Take time to deliberate,
but when the time for
action has arrived, stop
thinking and go in.
A departement is a French government
administrative area larger than a
county but smaller than a Canadian
province.
The best way to keep one’s
word is not to give it.
If the Society refuses to issue a
Certificate of Fitness, an applicant has
recourse to the national Minister of
Justice who reviews the application
and the statement of refusal of the
local Society of Notaries.
6
Although I’ve written to the Paris
Chambre des Notaires and requested
information of amendments to the Act
of 1803, (with correspondence written
in French to ensure they understood
what I needed), I’ve received no reply
after writing twice.
7
There is little or no competition in a
given notarial district. ▲
Dr. Hoeter was Secretary of The Society
of Notaries Public from 1969 to 1986.
The Scrivener
Victory belongs to the
most persevering.
[Medicine is] a collection
of uncertain prescriptions
the results of which, taken
collectively, are more fatal
than useful to mankind.
Napoleon Bonaparte
French General and Politician
(1769–1821)
67
WILLS & ESTATES
Trevor Todd
A Tribute to
the Wills Variation Act
T
he question of a child’s
“entitlement” to share in
a parent’s estate often
provokes a very lively discussion.
Many individuals feel quite strongly
that once the parents have “fed, clothed,
educated, and sent the child on his or
her way,” that ends their obligation to
adult children. Such people will argue
that testators should be free to leave their
inheritance as they see fit, subject of course
to any claims by a surviving spouse.
In my practice I am frequently told
that grownup children should be grateful
for what they have received and should
not be able to successfully challenge their
parents’ Wills.
The potential for family inheritance
conflicts has been growing with the
increasing number of “blended family”
situations. Today’s parents may have second
or even third families. In such cases, for
example, there may be differing perceptions
of any obligation to provide an inheritance
for younger children, as opposed to older,
more established children.
Thus it is common, in my experience,
for people to criticize the Wills Variation
Act because it permits the “malcontents” to
contest a Will.
68
In a nutshell, the Wills Variation Act is
the British Columbia statute that permits
certain next-of-kin to contest a Will on
the basis that it does not make adequate
provision for an individual claimant. The
class of claimants eligible to bring such a
claim include the surviving spouse, commonlaw spouse, same-sex spouse, and the
natural and adopted child of the deceased.
The English common law provided
that when a person died, that person could
leave his or her property to whomsoever he
or she wished.
The English common law
provided that when a
person died, that person
could leave his or her
property to whomsoever
he or she wished.
During that time, most wealth was
made up of real property, which was
generally considered to be family property.
Because it did not belong to the individual,
it was not part of the estate to be disposed
of by Will upon death.
In this article, I intend to set out
briefly the background to the legislation
and provide real life examples from my
own practice to illustrate the clear need for
such legislation.
As such, this article is intended as
a tribute to the provisions of the Wills
Variation Act.
Background
Any discussion of the Wills Variation Act
requires an understanding of the common
law we inherited from England because this
common law underlies the legislation.
The Scrivener
This ability to dispose of one’s estate
is known as “testamentary autonomy” or
“testamentary freedom.” It is legal doctrine
that was developed by the English courts
during a time (1700–1900) when little
property was actually disposed of by Will.
When the children of wealthy families
married, their families often made marriage
settlements that included conditions with
respect to the ownership of the property
and its passage upon death. Thus, property
governed by a settlement was not part of an
individual’s estate.
It was in this context that the English
courts decided that a testator was free to
decide the beneficiaries who would inherit
under his or her Will.
Thus, the English law of succession
left it to the discretion of testators to
dispose of their estates as they saw fit.
At common law, testators are not legally
Volume 14 Number 3 Fall 2005
obliged to make provision for their spouse
or children. There is no binding obligation
to leave a set amount to their spouse or
their children.
In modern estate law, however, this
common law doctrine has been modified
in many jurisdictions that have passed
enactments to permit the spouse or
children to make a claim against the estate
where a deceased has not made adequate
provision for them. Would-be heirs may
claim against the deceased’s estate and ask
the court, in effect, to rewrite the Will to
provide appropriately. In British Columbia,
this enactment is known as the Wills
Variation Act.
Unless there is a successful statutory
claim brought under the Wills Variation
Act, however, the principle of testamentary
freedom still prevails at common law.
It is noteworthy that this common law
approach is in stark contrast to much of
the rest of the world. In civil law countries
(which includes most of the non-Englishspeaking world and all of non-English
Europe and its former colonies), a fixed
portion of a deceased’s estate (often 50 to
75 percent) passes automatically to the
surviving spouse and children. The testator
can only dispose freely of a portion of his
or her estate. The credo seems to be “you
had them, you pay for them.”
Claims under the Wills Variation Act
In my practice, a common claim involves
the children of abusive and alcoholic
parents, generally fathers. Many of their
stories have a recurring theme—a father
coming home drunk after work, beating his
wife and children, and generally terrorizing
the family on an ongoing basis. Many of
these children leave home at very early ages
and, quite understandably, bear a strong
resentment against the abusive parent. Many
of these children themselves also become
alcoholics or drug users. At best, they
remain emotionally damaged individuals.
Needless to say, the abusive parents
generally have little insight as to the effects
of their actions. Thus the abuser, when
preparing his or her Will, will typically
disinherit the children on the basis that
he has not heard from them for a lengthy
Volume 14 Number 3 Fall 2005
period of time and thus considers himself
estranged from his children and owes
them nothing. The handling lawyer or
Notary often just accepts this statement
as the truth of the matter and makes little
enquiry into it.
A visit to the Canadian Department of
Justice Family Violence fact sheet indicates
that there may well be much more of this
type of family violence than the public
would wish to believe. A large body of
information available on family violence
and abuse tends to corroborate this type of
Wills Variation scenario.
…many of the
estrangement cases
involve a history of
physically, emotionally,
and/or sexually abusive
treatment…
Most of us had the good fortune to
be raised in happy, healthy families; any
experienced teacher, minister, or doctor,
however, will attest to the great number of
dysfunctional families.
In my practice many of the
estrangement cases involve a history of
physically, emotionally, and/or sexually
abusive treatment by the parent or stepparent toward the child. Where the
estrangement can be properly explained
and put into perspective, then the adult
child may well have a meritorious case
based on the Wills Variation Act.
Real Life Examples
In terms of other types of cases, my first
example involves a claim made by the three
adult independent children relating to the
death of their father, Mr. M.
Mr. M had been married for almost
50 years when his first wife died. He had a
good relationship with his children; living
alone, however, he became very lonely
and depressed. He engaged the services of
a woman, known as Ms. R, through an
“escort service.”
Shortly after they met, Ms. R moved
into the deceased’s residence. Mr. M was
The Scrivener
71 and Ms. R was 41. Ms. R changed
the residential phone number to her own
unlisted number and soon completely
isolated Mr. M from his children. Within
two months they “married” (unbeknownst
to Mr. M, his “bride” was still legally
married to another man). She began to
run her escort service from the home,
publishing ads that she “specialized in
seniors.” Shortly after the marriage, Mr.
M prepared a new Will leaving his entire
estate to Ms. R and alternatively to her
daughter, thus completely disinheriting his
own three children.
This so-called marriage ended
abruptly a few weeks later when Ms. R
beat Mr. M to death. In fact, she beat
him so severely, she broke every rib in his
body. She was subsequently convicted of
his murder and thus became disentitled to
share in his estate. As a wrongdoer, she was
prevented by law from benefitting from her
own crime.
In these circumstances, however, Ms.
R’s daughter arguably continued to have
a valid claim as the alternate beneficiary
under the Will. This daughter had never
met the deceased. At common law,
however, she still had a claim as the named
beneficiary under the Will.
In these circumstances, an application
under the Wills Variation Act ultimately
resulted in a ruling leaving Mr. M’s entire
estate to his three adult children.
A second example involved a 40-yearold woman known as S who was adopted
at age 7 by the deceased and her husband.
It seems she was adopted as a servant more
than a child. She was made to work long
hours at the deceased’s kennel business.
Each morning before school, she had to
get up at 4:30 to feed and care for up to
100 dogs. She was forced to work long
hours and was severely beaten by her
mother for any perceived misbehaviour or
insubordination. In extreme situations, she
was denied food. Mother wore the pants in
the family and her father did not intervene
on her behalf.
When S skipped school for the first
time at age 16 (to help her friend prepare
for the friend’s mother’s release from
69
hospital), the deceased became exceedingly
angry. S stayed away for a couple of days
to let her mother cool down; when she
phoned home, her mother told her that
she had burned all her possessions. She
also told S that she would be putting S’s
dog down and said, “you came into the
house with nothing and you will leave with
nothing.” This woman not only disowned
S, she obliged her husband and other
family members to disown S, as well.
S was homeless and was taken in by
friends. With few options, she became
pregnant and married a severely abusive
man who continued to abuse her and the
children for years before she left him. Their
third child was born severely disabled; she
raised this son on her own for 24 years. He
cannot speak, still wears diapers, weighs
40 to 45 pounds, and is catastrophically
injured in every sense of the word.
Nevertheless S managed to get a
university education by attending classes
while her young son was at daycare.
Once he became an adult, however, this
eligibility ended and she cared for him
full-time rather than put him into an
institution.
S had attempted to contact her
adopted mother on several occasions, but
was rebuffed at each turn.
The deceased died, leaving an estate
of approximately $250,000. Her Will
provided S with a bequest of $5000 on the
basis that they were estranged for 25 years.
In this case, a Wills Variation action
was commenced; once the proper facts
were brought to the attention of the
executor and beneficiaries of the estate,
however, the case was settled on the basis of
S receiving one-half of the net estate.
The third case involved D, a 45-yearold woman. She was an only child who had
been doted upon by her parents. D was of
average intelligence; she had, however, been
a physically disabled child from birth due
to cerebral palsy. D lived at home with her
overly protective parents until her late 30s.
During that time, life was not easy in the
household. Among other difficulties, D’s
mother was extremely depressed; this made
life difficult for everyone.
70
In her late 30s, D rebelled by leaving
her parents’ home to marry her childhood
sweetheart. This was done over her
parents’ protest. Before long, however,
they came to accept the marriage but did
continue to try to control their daughter
to some degree.
D was unable to work and, by
marrying, lost her only source of income:
her disability pension. By any objective
standard, the husband was a good husband
and provider; he worked as a school janitor,
however, so they had very little disposable
income. The couple had been married for
eight years when D’s father and mother
died within a few months of each other.
The main object of the Act
is to provide adequate,
just, and equitable
provision for the testator’s
surviving spouse and
children.
D’s mother left a homemade Will that
provided the executor could pay off the
mortgage on D’s townhouse ($100,000)
and could pay her the sum of $1000 per
month until age 65. Thus D would not
inherit the capital of her mother’s estate
unless and until she reached age 65. If she
died before 65 years, the residue would be
divided among her 22 first cousins. The
estate assets totalled in excess of $800,000.
D commenced action under the Wills
Variation Act seeking to have the Will
varied so she could receive the entire estate
immediately. Her application was opposed
by some of the alternate beneficiaries. They
felt very strongly that their aunt’s wishes
should be honoured and the Will upheld.
Expert evidence was tendered at court
from an occupational therapist, setting
forth all the substantial expenses that the
handicapped, such as D, would incur to
live as reasonably normal and comfortable
a life as possible.
The Judge used the provisions of
the Wills Variation Act to give the entire
$800,000 estate to D for her own use
absolutely.
The Scrivener
Summary of Basic Principles:
The Clucas Decision
Turning to the statute, an excellent
summary of the basic principles of the
Wills Variation Act can be found in
the decision Clucas v. Clucas Estate 29
E.T.R.(2d) 222.
Let me paraphrase those principles.
The main object of the Act is to
provide adequate, just, and equitable
provision for the testator’s surviving spouse
and children.
The Act also protects the interest in
testamentary freedom, which is not to
be interfered with lightly. In the absence
of other evidence, a testator is presumed
to know best how to meet his legitimate
obligations and concerns.
The Act provides an objective
standard by which to measure whether a
testator has provided “adequate and proper
maintenance and support” for his surviving
spouse and children. Thus the court should
examine the Will, keeping in mind society’s
reasonable expectations of what a judicious
parent would do in the circumstances.
In making a determination, the court
must consider any legal obligations of
the testator to the spouse and children,
followed by the moral obligations to them.
Independent adult children have a
more tenuous moral claim than any spouse
or dependent adult children. If the size
of the estate permits, however, parents
should generally make some provision for
adult independent children (unless there
are circumstances that rule out such an
obligation).
A testator may have a moral duty to
adult children in a number of different
circumstances including disability, legitimate
expectation of inheritance, probable future
difficulties of the child, the size of the estate,
and other legitimate claims.
This moral obligation by a testator
may be negated by “valid and rational”
reasons that justify disinheriting the child.
In such a case, these reasons must be
based on true facts and must be logically
connected to the disinheritance
Volume 14 Number 3 Fall 2005
Although a needs/maintenance test is
no longer the sole factor governing such
claims, a consideration of needs is still
relevant.
Conclusion
The purpose of this article is to
demonstrate that despite the frequent
criticisms made of the Wills Variation
Act, there are many circumstances in
dysfunctional families where the merits of
the Act allow justice to be effected despite
what the testator had intended in the Will.
The British Columbia Court of
Appeal recognized this scenario in their
decision Gray v. Nantel 2002 BCCA 94,
when it allowed the claim of a purported
estranged child and stated:
I cannot accept that a child so
neglected for his first 18 years and
then treated shabbily during a brief
reconciliation can be said to forfeit the
moral claim to a share in his father’s
estate by abandoning any further
effort to establish a relationship. The
fault in this sad story lies with the
father and, in my opinion, the onus
to seek further reconciliation was
on his shoulders. The testator gave
the appellant virtually nothing in an
emotional or material way; the Will
was his last opportunity to do right
by his son (emphasis added). ▲
Trevor Todd restricts his practice to
Wills, estates, and estate litigation.
He has practised law for 31 years and
is a past chair of the Wills and Trusts
(Vancouver) Subsection, BC Branch
of the Canadian Bar Association, and
a past president of the Trial Lawyers
Association of BC. Trevor frequently
lectures to the Trial Lawyers, CLE,
and the BC Notaries and also teaches
estate law to new Notaries. His Website
includes 30 articles on various topics of
estate law.
Voice:
Fax:
604 264-8470
604 264-8490
[email protected]
www.disinherited.com
Volume 14 Number 3 Fall 2005
The Scrivener
71
TAXES
Kathryn Edwards
The Disability Amount:
Are You Eligible
to Make a Claim?
T
he disability amount,
commonly referred to as
the “disability tax credit”
is a non-refundable tax credit
that can reduce the amount of
income tax you have to pay.
It can be difficult to assess whether or
not a person is eligible for this tax credit
and, unfortunately, the claim is sometimes
altogether missed by taxpayers. This article
is intended to assist you in the assessment
of whether an individual may be eligible
for the disability amount and what steps
may be taken to make the claim.
The Disability Tax Credit
To make this claim on his or her tax return,
the disabled person must have a prolonged
impairment, such as one or more of the
following.
1. The disabled person is blind, even
with the use of corrective lenses or
medication.
2. The disabled person must dedicate
a certain amount of time for lifesustaining therapy.
3. The disabled person is “markedly
restricted” in any of the following
basic activities of daily living.
72
•
•
•
•
•
•
Walking
Speaking
Hearing
Dressing
Feeding
Elimination (bowel or bladder
functions)
• Perceiving, thinking, and
remembering
Canada Revenue Agency (CRA)
interprets the term “markedly restricted”
as a person who is unable (or who takes
an inordinate amount of time) to perform
a basic activity of daily living, even with
therapy (other than life-sustaining therapy)
and the use of appropriate devices and
medications.
It can be difficult to assess
whether or not a person is
eligible for this tax credit
and, unfortunately, the claim
is sometimes altogether
missed by taxpayers.
Note also that if you receive Canada
Pension Plan or Quebec Pension Plan
disability benefits, workers’ compensation
benefits, or other types of disability
or insurance payments, that does not
The Scrivener
necessarily mean you will qualify for the
disability tax credit.
Form T2201
“Disability Tax Credit Certificate”
To support a claim for the disability tax
credit, a medical doctor or other qualified
person must make a certification on
the Form T2201 “Disability Tax Credit
Certificate” to confirm the disabled
person has a “prolonged impairment.” (A
prolonged impairment is considered to be
one expected to last for at least a 12 month
period.)
The Form T2201 must be filed for the
first year the claim is made.
• File it with your tax return or, to help
speed up processing, file it earlier in
the year for pre-approval.
• If you use an electronic filing service
to file your return, it is a particularly
good idea to file the form early.
• After your application is made, CRA
will advise you in your Notice of
Assessment or by letter as to your
eligibility for the claim.
• Once the application is approved by
CRA, you need not file the form again
unless the previous period of approval
has ended or an updated form is
requested by CRA.
Volume 14 Number 3 Fall 2005
Who Can Make the Claim?
• The disability tax credit may be
claimed by the individual with the
disability.
• Any unused part of the amount may
be transferred to a spouse, commonlaw partner, or another qualified
supporting person.
• A supplement may also be available if
the disabled person was under 18 at
the end of the year.
If the disabled person has also
incurred costs relating to care by a full-time
attendant, subject to certain limits, it may
be possible to claim some or all of those
costs as medical expenses. If the disabled
person has claimed as medical expenses
the cost of full-time care in a nursing
home, then no claim may be made for the
disability amount in that year.
In the year a taxpayer
dies, it still may be
possible to claim the
disability tax credit.
this may have gone on for several years.
Good news! If you have missed making this
claim, you may be able to amend the prior
three years’ tax returns—potentially back
to 1995 in certain circumstances. This
could result in substantial refunds to you!
Caution
Any area of tax can be complicated. Results
can change depending on your specific
circumstances. Before taking action,
we recommend that you consult your
tax advisor for assistance in this regard,
to ensure that your specific facts and
requirements are considered. ▲
Kathryn Edwards, CA, is a partner with
Pagnanini Edwards Lam, Chartered
Accountants.
[email protected]
In the event that full-time attendant
care or nursing home expenses are incurred,
planning is strongly recommended so that
you may optimize your overall tax position.
You may wish to refer to CRA’s
guidebook RC4064, “Information
Concerning People With Disabilities,” for
examples on how to maximize your claim.
Can the Disability Certificate Be Issued
After Death?
In the year a taxpayer dies, it still may
be possible to claim the disability tax
credit. This is possible where, based on
a prognosis made by an appropriately
qualified person before the individual died,
that the individual’s severe impairment was
reasonably expected to last for a continuous
period of at least 12 months. The certificate
could be completed after the taxpayer’s
death so that a potential claim may be
made, even if the individual did not live for
12 months from the time of diagnosis.
This was not always CRA’s position,
but it is the view they have taken in more
recent years.
Can You Amend Prior Tax Returns to
Make The Claim?
Situations occasionally come to our
attention where a taxpayer who would have
been eligible has failed to make a claim for
the disability tax credit. In some cases,
Volume 14 Number 3 Fall 2005
The Scrivener
73
TECHNOLOGY
Tim Perrin
Tablet Computers and Software
I
n my previous column,
we looked at tablet
computers, those laptopsized machines on which you
write with a stylus, like a Palm
Pilot or Pocket PC.
I told you how the tablet design had
basically changed my relationship with the
computer—how I was using it in new ways.
But a computer without software is
just an expensive collection of electronic
parts. So this time I’ll be looking at
some of the software written especially
for the tablet computer platform that
makes it particularly useful. I’ll start with
the two programs that are running all
the time because I use them constantly:
MindManager X5 and Franklin Cover
PlanPlus.
MindManager X5
MindManager X5 is one of the best pieces
of software I’ve picked up in the last decade.
It fully takes advantage of the pen interface
to help you engage your “right brain” in
non-linear thinking and planning. In fact, I
used it to help plan this column.
74
In mind-mapping, rather
than listing your ideas
sequentially, you start
with your central idea in
the middle of the page
and then build a web as
ideas come to you…
It’s based on the concept of mindmapping, something I first came across
more than 20 years ago in the book
Writing the Natural Way by Gabriele
Rico, who teaches at my undergraduate
alma mater, San Jose State University in
California. In mind-mapping, rather than
listing your ideas sequentially, you start
with your central idea in the middle of
the page and then build a web as ideas
come to you, without regard for any
kind of hierarchy that you would use in a
conventional outline.
Then, when you’re done, the program
will read your handwriting and convert it
to nice, neat text.
You can use coloured ink to
highlight entries or use icons or you can
affiliate entries with start and end dates,
percentages completed, and other projectplanning properties, then export the entire
mind-map to Microsoft Project.
The power of MindManager is to
take this paper process and put it onto the
computer; that allows you to add as many
topics and subtopics as you wish, all by hand.
The Scrivener
Volume 14 Number 3 Fall 2005
All in all, I use MindManager on
virtually every project now.
MindManager’s one big downside
is its price: US$349. You can try it free
for three weeks to see if it is for you.
Download the trial version from http://
www.MindJet.com.
Franklin Covey PlanPlus/GoBinder
Franklin Covey PlanPlus and GoBinder
are virtually identical programs that are, at
one level, personal information managers.
As such, they are fine. It’s nice that you can
handwrite your entries. It’s nice that you
can sync them with MS Outlook and with
your Pocket PC. But if that were all they
offered, I’d have to say so what?
But my favourite method of saving
material is to “print” it into PlanPlus
using a special print driver the program
installs on your system. You simply choose
“PlanPlus” as your printer and the contents
of the file you have loaded—a word
processing file, a Web page, a spreadsheet,
whatever—is printed into the currently
open section of PlanPlus. Once there, you
can mark it up, highlight it, add your own
comments, etc. I’m currently researching a
book on Hannibal. I found Livy’s History of
Rome on the Web so I “printed” it into my
notes area on Hannibal.
it effectively. The software will walk you
through it step-by-step.
Try this software even if you don’t use
a tablet PC. You’ll find it invaluable on a
desktop or laptop.
GoBinder costs US$79.95—US$49.95
for students and educators, their primary
target market. The free trial version is good
for 30 days but, trust me, you’ll be hooked.
http://www.GoBinder.com
Franklin Covey PlanPlus is US$99.95
with a 30-day free trial available. Go to
http://www.FranklinCovey.com/planplus/xp.
PDF Annotator
PDF Annotator, from German
programmer Oliver Grahl, is a brilliant
little piece of work that does just what
its title says: it allows you to mark up
Adobe Acrobat PDF files. You can’t edit
them—just mark them up with highlights
and arrows and the like. It’s like you had
a paper copy of something in front of you
and you were armed with your trusty red
pencil and some highlighters.
But there are several features that
set PlanPlus and GoBinder apart. I use
PlanPlus, so I’ll talk about that one
primarily. Other than the Franklin Covey
features, which I’ll get to in a minute, the
two programs are identical and their data
files are completely interchangeable. The
Covey version costs a bit more, so unless
you are an aficionado of Covey’s Seven
Habits of Highly Effective People, save some
cash and get GoBinder.
Common to both is a powerful
eBinder system that keeps related
material—notes, documents, material you
find on the Web—together in one place.
The note-taking facility is similar to
Microsoft’s One Note. You can handwrite
or type notes and you can cut-and-paste
material into a page.
I have found the eBinder invaluable
in doing research on various film and book
projects I have underway.
Try this software
even if you don’t use
a tablet PC. You’ll find
it invaluable on a
desktop or laptop.
Finally, the Franklin Covey version
of the software has tools to help you set
a mission for yourself and define your
values, to set short- and long-term goals,
and to plan your week to make better
use of your time. The Covey system is a
proven time-management system and you
don’t have to have read his books to use
Volume 14 Number 3 Fall 2005
The Scrivener
I often use it to comment on work
done by my creative writing students. In
some ways, it is like marking up documents
in the PlanPlus eBinder, but here you are
working with free-standing PDF files you
can send along to anyone you want.
Grahl Software is still a one-man shop
and Oliver Grahl answers all technical
support requests himself. He’s a hands-on
75
developer. He is responsive and helpful and
answered my questions within 24 hours.
The price is US$49.95. Again, you
can get a 30-day trial version. Download
the trial from http://www.ograhl.com/en/
pdfannotator/.
Here are a few other
simple programs
I like because they take
advantage of the tablet’s
pen interface.
Other Programs
Here are a few other simple programs I like
because they take advantage of the tablet’s
pen interface.
•
A write-on-me calculator that I often
use instead of one where I have to hit
the keys
•
An electronic crossword program
that downloads the New York Times
crossword every day
•
A fun program that allows me to
literally write music on a tablet
PC. I write the notes and the
computer plays them for me so I can
immediately hear how bad it sounds.
It’s indispensable for discouraging the
untalented (like me) and encouraging
all budding Beethovens.
All three of these—and many more—
are available from http://www.Microsoft.
com/Canada/windowsxp/tabletpc/. Click
on the link for Power Toys for Tablet PC.
There are dozens more. Websites like
TabletPCBuzz.com and TabletPCPost.com
can help keep you up to date. ▲
Editor’s note: Tim and Terre Perrin are
driving the coastlines of Europe. To tune in
to their adventures, visit http://thecoastroad.
blogspot.com.
Timothy Perrin, a former lawyer, writes
about technology and other topics.
He is currently in Europe researching
books on Hannibal and 21st century
technology.
www.TimothyPerrin.com
76
The Scrivener
Volume 14 Number 3 Fall 2005
PEOPLE
Nick and Brenda Aubin
Brenda and Nick Aubin were married July 2 in Nelson, BC, at the
Cathedral. Nick says, “It was a beautiful and emotional ceremony,
filled with friends and lots of family.” The weather cooperated
for the most part, raining only for about 10 minutes between the
ceremony and the photo shoot. “The remainder of the day was
fittingly ‘Okanagan,’ ” he says, “Brenda was absolutely gorgeous
in a beautiful, form-fitting beaded gown with narrow straps, long
train, and a simple flowered hairband . . . with a sheer veil down
her back. She looked like a tiny princess.”
On the evening prior to the wedding, the city of Nelson
graciously celebrated the nuptials by providing a fantastic fireworks
display after their Rehearsal Dinner, which was held on the
escarpment at a B&B overlooking the lake. “Actually, they were for
Canada Day, but don’t tell Brenda. I told her that cities all across
the country participated and they plan to do it each year for our
anniversary!” (That should help Nick remember the date.)
Janice McMath,
Jim Robinson,
and Guy and Julie
Mousseau recently
enjoyed a 12-day
motorcycle trip
down the Oregon
Coast, through the
Redwood Forest,
across the Golden
Gate Bridge to
Jim Robinson, Janice McMath, and
Fisherman’s Wharf,
Julie Mousseau in the hollow tree in the
Monterray,
and the
Redwood Forest
magnificent Hearst
Castle. They cruised through Yosemite Park, Sonoma Pass, Silver
City, Carson City, and Dry Falls, and crossed back into Canada at
Osoyoos. “The scenery and ride were stupendous,” says Janice.
“It was the experience of a lifetime!”
Shirley Miller
December 28, 1947,
to June 16, 2005
Born in
New Westminster, BC
Shirley was a loved and respected Notary Public who
specialized in Wills, Real Estate, and Representation
Agreements. She served her Abbotsford community
with a ready smile for over 20 years.
Shirley graduated from Queen Elizabeth
High School in Surrey in 1965 and worked with
the government agent in the Courthouse in New
Westminster before going to work with John R. Reed,
a Notary in Abbotsford.
She was commissioned as a Notary on Feb. 16,
1982, and went on to become a very successful and
respected member of our Society. Shirley served two
terms as a Director and, throughout her career, always
attended our Conferences.
Trevor Todd and Scott and Jackie Simpson went whale watching
off the San Juan Islands on September 18. They had an enjoyable
afternoon, but failed to spot any whales!
78
The Scrivener
Shirley is survived by her husband Brad VanZant.
Volume 14 Number 3 Fall 2005