��������� �������������������� ������������������������������������������������������������������������� ������������������ ������������������������ ����������������������������������������� ������������������������������������� 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
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