Annual Report 2004 Heather Raven, Chair Report from the Chair The year 2004 marked the 35th to make the law and jus- anniversary of the Law Foundation of tice system more accessible British Columbia. On June 25, 2004, the to the people of British foundation hosted a reception at the Columbia, particularly Law Courts Inn to celebrate. More than those who have the 150 people attended, including members greatest difficulties with of the judiciary and the bar, past and access to justice. Chair Heather Raven, Minister of Children and Family Development present governors and grantees. Christy Clarke, Executive Director Wayne Robertson and Attorney General In view of the clear need Geoff Plant, at the announcement of the Child Welfare Fund In 1969, a small group of lawyers, led by for ongoing work in our importance were the executive directors’ Ken Meredith, later Mr. Justice Meredith, five statutorily mandated areas, the roundtable and the advocacy training and Arthur Harper, Q.C., approached board of governors continued to give conference, which was co-sponsored by then-Attorney General Les Peterson, Q.C., priority to core funding for programs and the Legal Services Society, both held in with an idea that originated in services. Governors were pleased to be December. Australia — that the interest earned on able to maintain core funding in 2004, lawyers’ pooled trust accounts should be despite continued low interest rates. The executive directors’ roundtable was used for the public good. Prior to this, an opportunity for the executive directors no interest at all had been paid on these 2004 marked the 35th of all Law Foundation-funded groups to deposits. The Legal Profession Act of meet. At that meeting, the Law Foundation British Columbia was amended, and anniversary of the Law continued its dialogue with groups on the on April 2, 1969, the Law Foundation of Foundation of British funding strategies review. This ongoing B.C. was created, with Arthur Harper, Q.C., Columbia review of all Law Foundation-funded as the first chair. programs, the first cycle of which will be complete by the end of 2006, is being The mandate of the foundation was, and undertaken to ensure the continued is, to fund the following: alignment of Law Foundation funding ■ legal education, with its mission and to optimize its grant ■ legal research, making. The Law Foundation wants to use its limited resources to maximize ■ legal aid, the benefits to the public and the legal ■ law reform, and profession in its five mandated areas. Its aim is to enable people in British ■ law libraries. Columbia to have access to the best Governors also continue to recognize the The Law Foundation of B.C. was the first legal education, legal research, legal importance of responding to emerging law foundation in North America, and aid, law reform and law libraries that its legal needs in the province through since 1969, the concept has spread so far resources can provide. project funding. In 2004, grants for that now a similar program exists in 28 projects were approved, including A significant Law Foundation funding every province and state. significant initiatives in the areas of initiative over the past year was the In 2004, the Law Foundation of B.C. public legal education and community- Child Welfare Fund. In June, Minister approved 81 grants totalling $12.4 million, based legal aid. for Children and Family Development of which $11.4 million was allocated to Christy Clark, and Attorney General In 2004, governors continued their efforts 53 continuing programs and $1 million Geoff Plant announced a grant to the to support foundation-funded groups and to one-time projects. Many of these Law Foundation of $1 million to be others in the community through capacity grants helped fund initiatives designed used to expand the use of alternate building and other exercises. Of particular 2 dispute resolution processes in the area Committee from 2001 to 2004, a of child protection law, with a focus on …the funding strategies committee that spearheaded changes Aboriginal children. In 2005, applica- review … of all Law to the Law Foundation mission tions for funding from this fund will be statement and the production of the Foundation-funded assessed. Diversity Profile of B.C.; programs … is being In 2004, the most significant challenge ■ Wendy Au, a lay governor from facing the Law Foundation was low undertaken to ensure the Vancouver, who also served on seven interest rates. The year ended with a continued alignment of committees; and lower interest rate than it started with, Law Foundation funding ■ Don Silversides, Q.C., who served on and rates were at record low levels during the Law Foundation board from 1996 the year. The foundation’s income from with its mission and to to 2003 on a number of committees, interest earned on lawyers’ pooled trust optimize its grant making as chair of the New Grants Committee accounts is dependent upon the total (1998 to 2000), as chair of the Policy and balances held in lawyers’ pooled trust Planning Committee (2001), and as accounts in B.C., the prime interest rate City Savings Credit Union, HSBC Bank chair of the board from 2001 to 2003. and the agreements negotiated with Canada, Royal Bank of Canada, Bank financial institutions. of Montreal, Coast Capital Savings We all share a debt of gratitude to Chair Credit Union, TD Canada Trust and Silversides and to these other governors Trust account balances were high in 2004, Bank of Nova Scotia. We commend all of for their contributions to the foundation. which meant that the foundation did those financial institutions that provide not have to draw down its grant I am pleased to welcome new governors a competitive rate of return on lawyers’ stabilization reserve as much as originally John Waddell, Q.C., of Victoria, Nancy pooled trust accounts, and thank members predicted and the reserve closed the year Merrill of Nanaimo, John Dustan of of the profession who choose institutions with $200,000 less than at the beginning. Vancouver, Marilyn Baker of Chemainus, accordingly. Interest rates, however, remain low, and Bruce Strachan of Prince George to and based on the most recent forecasts, The year 2004 saw changes in the board the board of governors for 2005. of governors as the following governors the foundation is facing a significant In closing, I want to express my appreci- completed their terms: decrease in income for 2005, to less than ation to the governors of the foundation, $9 million. As a result, in 2005, it is ■ Parker MacCarthy, Q.C., of Duncan, who have volunteered many hours and anticipated that the Law Foundation who served on five different commit- weekends to carry out our work. I also will have to draw down a very substan- tees during his term; wish to thank the foundation staff, who tial portion of the grant stabilization administer the day-to-day work of hand- ■ Paul Love, of Campbell River, who reserve, perhaps as much as $4 million. ling the foundation’s applications, grants also served on a number of commit- This is due to predicted ongoing very and revenues, and provide excellent tees and was chair of the Assessment low interest rates. By drawing down support to the board in carrying out our Committee in 2000 and the Funding the reserve, the 2005 budget will allow responsibilities. Strategies Committee for 2003 and 2004; governors to continue to provide funding stability for 53 programs by continuing ■ Cindy McKinley, a lay governor from their core funding at the same level as Vancouver, who provided expert 2004, and provide modest funding for guidance to the foundation as it Heather Raven new projects. developed its funding strategies review; Chair 2004 In 2004, the foundation received com- ■ Roopchand Seebaran, a lay governor petitive rates of return from the following from Mission, who served on seven major financial institutions: Vancouver committees and chaired the Diversity 3 Profile Typically, funds held in this way are support important law-related programs MISSION STATEMENT purchase monies in real estate trans- in British Columbia. To use our income for actions. ADMINISTRATION the benefit of the public Because of the difficulty and cost of of the province of British ascertaining how much interest in pooled The Law Foundation is administered by a Columbia by supporting trust accounts was attributable to each board of governors (the “board”), which programs which advance client’s funds, and because the amount is responsible for making all decisions and promote the rule of of interest related to each client was concerning grants. It has 18 volunteer law and a just society. usually small, for many years financial members: institutions paid no interest on these The Law Foundation ■ the Attorney General (or his/her accounts, although the total funds in recognizes the diversity appointee); of the population of the pooled account might be very sub- ■ 3 persons, not lawyers, appointed by British Columbia and stantial. As a result, the financial insti- tutions profited from the use of the funds the Attorney General; endeavours to be respon- in the pooled trust accounts without sive to the diverse public ■ 12 members of the Law Society or the charge. of British Columbia in judiciary appointed by the benchers to represent geographical areas of the its workforce, board and British Columbia lawyers pioneered a province; and grant making. change to this practice in 1969 when they persuaded the provincial government to ■ 2 members of the Law Society enact legislation requiring financial appointed by the British Columbia The Mission Statement and Program institutions to pay interest on these pooled Branch of the Canadian Bar Objectives have been adopted by the trust accounts to the Law Foundation, Association.