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Spring 2011
6OLUMEs.UMBER
0UBLISHED1UARTERLYBY4HE3OCIETYOF.OTARIES0UBLICOF"RITISH#OLUMBIA
&ROMLEFT"#.OTARY3TUDENT#AM3HERK
0RESIDENTOF4HE3OCIETYOF.OTARIES*OHN%ASTWOOD
AND"#.OTARY$AN"OISVERT
).3)$%-ENTORING
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Those are the characteristics of a BC Notary Public.
There are business opportunities for Notaries in various communities throughout British Columbia.
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public, and sets the example
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Notaries are known throughout
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If you have the qualities noted
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Photo credit: The Scrivener
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 t a r i e s P u b l i c o f BC
SECRETARY AND CEO OF THE SOCIETY OF NOTARIES
Bernard Hoeter: A Pleasure
and an Educational Experience
8
Obituary: Bernard W. Hoeter
9
Wayne Braid
Tributes to Dr. Hoeter COVER STORY
Mentoring is the Bridge 58
10
FEATURES
THE PRESIDENT OF THE SOCIETY
The Joy of Sharing Experience and Expertise
6
John Eastwood
KEYNOTE
Mentoring 15
Val Wilson
Trevor Linden on Mentoring
16
Akash Sablok
Participation Produces Pride 20
Laurie Salvador
Mentoring in Art and in Life 37
Joan Carlile:
Mentor to Developmentally Disabled Athletes 38
Brandon Fairleigh
Jamie Reid
The Origin of the Special Olympics Developmental Disability Mentorship: A Beacon of Hope
in the Practice of Law 39
40
The Many Layers of Mentoring 46
To Mentor or Meander? 48
The Benefits of Mentorship 50
44
Trevor Todd
In Praise of Mentors 21
Kate Manvell
Chuck Salmon
Keen Outsiders Welcome! 22
Scott Simpson
John Crawford
Mentoring at the British Columbia Law Institute 24
Jim Emmerton
Austin Nairn
Giving Back through Mentoring 26
Tammy Morin-Nakashima
Confidence and Peace of Mind
through the Mentoring Experience 28
Shawna Farmer
It Takes Two to Tango
Mentoring: A BC Notary’s Perspective
Superb Trio of Mentoring Programs
from YWCA Vancouver How Does Your Garden Grow?
Mentoring in the Garden 52
56
Heather Johnstone
Emily Jubenvill
30
Mentoring: A New Notary’s Perspective 31
Joyce Helweg
Carmen Wheatley
Mentoring: The Natural Desire to Give Back 32
What Does it Take to Become a BC Notary Public? 3
33
The Scrivener: What’s in a Name?
Devika Mehta
My Experience at the Tax Court of Canada Quang Duong
Community Mentoring: A Carving Renaissance
among the Nisga’a in Gitwinksihlkw Vince Fairleigh
4
34
Profile of a BC Notary
5
Pernille Nielsen, Bowen Island 66
Beautiful Bowen Island! 68
Suzanne Carvell
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
Building Better Communities, One Grant at a Time
Spotlight on Good Works:
Camosun Grads Receive BC Notaries Awards The Board of Governors of the Notary Foundation of BC Law Reform, BC Notaries, and the BC Law Institute
Jim Emmerton
70
71
72
The MiX
Services a BC Notary Can Provide The Future of Surveying
Recently Commissioned BC Land Surveyors Flathead Mountain Named in Honour of Legendary Surveyor 25
Business to Business 55
Where in the World has The Scrivener Been? 65
Editor’s 75
TRAVEL
47
47
Surprise Trip to Dawson City, Yukon 76
About Dawson City
77
Getting in Shape for the
2011 David Thompson Columbia Canoe Brigade 78
Gillian Campbell
GUEST COLUMN
Mark McGladrey
PRIVATE RECIPE
Morphed Pork and Beans 81
Mark and Diane McGladrey
TAXES
Seven Ways to Be Nice to Your Accountant . . .
and Save Money at the Same Time!
82
Kathy Edwards
BC HISTORY: PART 11
The Railway Belt in British Columbia 84
LETTERS
91
Bob Reid
TECHNOLOGY
Ideal Office Assistants Editor-in-Chief
Val Wilson
Legal Editors
Wayne Braid, Ken Sherk
PR and Magazine Akash Sablok, Chair
Committee
Tammy Morin-Nakashima,
Vice Chair
Sabrina Hanousek
Kate Manvell
Laurie Salvador
Terry Sidhu
Graphic Design Graffiki Design
The Scrivener
Voice: 604 985-9250
Fax: 604 985-0900
email: [email protected] Website: www.notaries.bc.ca/scrivener
The Society of Notaries Public of BC
604 681-4516
To send photographs to The Scrivener,
please see the Editor's column on page 75.
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.
92
Akash Sablok
Honours & Events
PEOPLE 94
The Scrivener: 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.
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 in business, and the public.
Volume 20 Number 1 Spring 2011
Published by The Society
of Notaries Public of British Columbia
The Scrivener
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5
THE PRESIDENT OF THE SOCIETY
John Eastwood
The Joy of Sharing
Experience and Expertise
I
n this issue, I take part in the
interview on mentoring with
fellow Notary Daniel Boisvert
and Notary student Cam Sherk.
In this column, I will take the
opportunity to express my opinions
on mentoring as a Notary who did
not have the benefit of a mentoring
program.
First, I want to step back to
my interview in 1983 with The
Society’s Secretary, Bernard Hoeter,
after I applied to take the courses
to become a BC Notary. Dr. Hoeter
passed away in February. Many of us
who had the privilege of knowing him
and of benefitting from his vision and
wisdom will miss him greatly. I now
fondly remember that interview. I must
say it was some time before that
memory became “fond.”
I waited in Dr. Hoeter’s outer
office for what seemed like a long
time to finally be admitted to his inner
office. I encountered a huge desk
covered with files and floor-to-ceiling
shelves lined with books and a huge
man with a thick accent asking me
difficult questions. I somehow survived
the interview.
After I obtained my commission
in 1986, Dr. Hoeter changed from
a challenging, demanding leader and
teacher to a thoughtful person who
6
was always willing to listen to my
concerns and share his knowledge with
me. He will always be a mentor to me.
When I first started practising as
a BC Notary, there was no mentoring
program. I recall that every few days,
I came across situations that were new
to my experience. I did not have many
document precedents and was always
having to develop new documents.
The BC Notaries’ mentoring
program is a great start,
giving Notary students the
opportunity to gain some
practical experience in the
operation of a practice…
I did have some friends who were
Notaries. One good friend and Notary
in my area operated a practice where
his wife and daughter assisted him.
As a new Notary, I relied heavily on
them, first receiving assistance from
his wife in setting up my general
and trust accounting programs, then
making many telephone calls to
them when I was unsure how to deal
with a particular matter or I needed
a precedent or help with my accounts.
Another Notary reviewed the
Wills precedents I initially developed
and, to this day, she continues to
share her knowledge about Wills with
The Society of Notaries Public of British Columbia
me. Several other Notaries, all still
practising, willingly took calls from me.
One even sent me his entire precedent
file to help me get started.
That was another era; there was
more time to learn and not such great
demands to produce instant results in
large volumes as there are today in our
profession.
The BC Notaries’ mentoring
program is a great start, giving Notary
students the opportunity to gain some
practical experience in the operation
of a practice and to form relationships
with practising notaries willing to share
their knowledge and expertise.
While it is a great beginning,
I believe there is still a further
opportunity to assist graduate
Notaries by providing a mentoring
or articling period. The graduate
Notary would work in an existing
practice under the supervision of an
experienced Notary for a period
of time before he or she opened
a new practice or had the opportunity
to join that practice as an associate
on completion of the mentoring or
articling period.
In this next step of continuing
the development of our mentoring
program, we will no doubt look to
the experience of other legal and
accounting professionals where
mentoring is an integral part of skills
training. s
Volume 20 Number 1 Spring 2011
Business unusual.
Branding & corporate identity packages
Marketing strategy & focus groups
Website & blog development
Search engine marketing & optimization
Social media strategy & content
Radio & video
Print ad campaigns & media buying
Outdoor & transit advertising
Direct mail campaigns
Skunkworks Creative Group Inc.
505–55 Water Street Vancouver, BC V6B 1A1
www.skunkworks.ca [email protected] 604.739.8976
SECRETARY AND CEO OF THE SOCIETY OF NOTARIES
Wayne Braid
M
y mind has been on
the loss of our beloved
Dr. Hoeter.
I recall the first time I met
Bernard.
An applicant under consideration
to become a BC Notary in 1984,
I had travelled from Terrace for my
interview with Dr. Hoeter. I arrived at
his office 15 minutes early because
I had heard The Secretary demanded
promptness and did not abide anyone
being late.
His secretary welcomed me and
advised that Dr. Hoeter would not be
long. He was on the phone. I could
hear his booming voice through his
office door. I waited and waited and
waited. After half an hour, I could
hear him calling to his secretary to
bring in the young man from Terrace.
As I walked into his office, he
was standing on a chair, fixing the
curtains on his window. With his back
to me, he told me to sit down, which
I did. When he got off the chair and
turned around, he said “Well, you
can sit in my chair if you want but
you will have to do my work, as well!”
I had inadvertently sat in his chair.
I of course quickly moved and we
started our interview. Bernard and
I had many laughs in later years when
I eventually did end up in his chair.
8
He was a man who lived
in the past, the present,
and the future all at the
same time.
To visit Bernard at his home was
both a pleasure and an educational
experience. He was a man who
lived in the past, the present, and
the future all at the same time.
His appetite for knowledge was
extraordinary; he could speak with
authority on just about any subject
you would care to discuss or on any
subject that might come up.
What amazed me the most was
his unbelievable ability to retain what
he read, analyze the information,
and repeat it by way of explanation
or discussion or teaching, even many
years later. His mind was sharp,
decisive, and discerning.
What amazed me the
most was his unbelievable
ability to retain what
he read, analyze the
information, and repeat
it by way of explanation
or discussion or teaching,
even many years later.
The Society of Notaries Public of British Columbia
www.wildmanphotography.com
Bernard Hoeter:
A Pleasure and an
Educational Experience
Once, we were discussing the use
of the Notary Seal—its current and
historical significance and whether
it had lost meaning and significance
today.
Here is the letter Bernard sent
me following our conversation.
hange is inevitable. To
C
paraphrase the Greek philosopher
Heraclitus, one cannot twice
enter the same river. Society
flows, moves, and changes.
otaries evolved from an ancient
N
class of artisans who could read
and write. During times when
the sword was supreme, they
recorded and preserved facts as
evidential shields against arbitrary
actions.
ediaeval Notaries were
M
entrusted with authorities’ Seals.
Their work was respected by
princes, prelates, and peasants.
Notaries gained power as
they mastered the mysteries
of recording the spoken word.
otarial work was demystified
N
after the early 15th century
when Johann Gutenberg
invented moveable type, which
gave us the printing press. As
printing became common and
inexpensive, pessimists predicted
that writing was doomed. But
Notaries used the printing press
Volume 20 Number 1 Spring 2011
As Notaries embrace the
computer age, we are
reminded that, like the
sceptre, the traditional
Notary Seal is a symbol
of trust and authority.
Obituary:
Bernard W. Hoeter
to expedite their work, and
writing became a noble art.
niversal literacy followed in the
U
early 19th century’s Industrial
Revolution. The mass circulation
press—the penny press—opened
the door to reading, which
presumes writing.
undits again predicted the end
P
of scribes and Notaries Public.
When ordinary people could
express their wishes in writing,
and author their own documents,
why employ a Notary to read back
words on a paper they intended to
sign? History proved that Notaries
were more than word mechanics.
They were advisors and trustees.
oday’s Notaries have graduated
T
into the computer age. Technology
has superseded Notaries’ Seals,
which in ancient times were
born of demand for an impartial
witness. Modern computers
recognize inner codes, speed
through symbols to instantly check
facts, and reject extemporaneous
intrusions. Nor do Seals impress
facsimile transmittals. In the
past few years, Seals have been
deleted from marriage and death
certificates and from Land Title
forms.
he notarial institution will
T
endure as the Seal becomes
obsolete. As Notaries embrace
the computer age, we are
reminded that, like the sceptre,
the traditional Notary Seal is
a symbol of trust and authority.
The Notary’s integrity and
knowledge extend beyond the
Seal.
Bernard Walter Hoeter, aged 90, born January 23, 1921, in
Moenchen Gladbach, Germany, passed away peacefully in his home
on February 9, 2011. Predeceased by his wife Kristine in 1991, he
is survived by his partner Erika Riedel, daughters Tessa (L. Denton
Marks Jr.) and Eileen (Jedd Derry), and his sister Lilo Dugge. His
sister Gisela von Maydell predeceased him. He was a lieutenant
in the German Air Force in WWII and, after capture in Sicily in
1943, was a POW in the USA. He studied at Columbia University
and earned a PhD in Law and History in 1952 from the Maximilian
University (Munich). He married Kristine in Jasper in 1952 and
began his career in Vancouver with CBC International and was
a writer for Der Nordwestern. He became a Notary Public in 1959
and was instrumental in the development of the role of Notaries
in BC. He was a Director of The Society of Notaries Public of BC
and its Secretary from 1969 to 1986. He was honourary Consul for
Guatemala from 1964 to 2003. He was a committed Rotarian. He
pursued an interest in wine, earning a Diploma of Oenology in 1971
from the Oenological Research Institute (England). He was a leading
authority among wine aficionados and industry leaders in BC and
participated in wine interest groups including the International Wine
& Food Society and the Chaine des Rotisseurs. He wrote extensively:
The wine column for The Vancouver Sun for many years, numerous
articles for the BC Guide (BCLDB), and The Scrivener magazine.
He had a deep commitment to education and learning and was
a voracious reader on many topics, especially history and wine. Ever
the “professor,” he loved to instruct an audience and discuss ideas
with friends and family. He was demanding and generous, strict,
and loving. He enjoyed celebrating life and had a wonderful sense
of humour. He will be missed by his family and many friends.
Thanks to Dr. Hoeter’s family for this obituary.
Those are the insightful words
of an outstanding BC Notary and an
amazing man. s
Volume 20 Number 1 Spring 2011
The Scrivener
9
BC notaries
Tributes to Dr. Hoeter
These are some of the comments
we received from people who
knew Dr. Hoeter.
I am very grateful for the contributions
Dr. Hoeter made to The Society and
the sacrifices he made on behalf of the
membership.
The passing of Bernard has marked
the end of an era in the history of the
Notary Society.
Dr. Hoeter dedicated a lot of time
to help grow our Society. He had
a larger-than-life
presence with a gentle
and generous side.
Bernard’s stewardship as Secretary
of The Society brought dignity
and presence to the profession.
Perhaps Bernard’s presence is what
I remember best, both as a member
of The Society and later as a Director
and its long-standing Secretary.
For me as a new Notary, I found
Bernard could be quite intimidating
at times, but always fair. He did not
suffer fools lightly.
During my time as a Director and
President, Bernard was always front
and centre, assisting in all ways.
He was “Mr. Notary.”
His passing has closed a chapter
on what it meant to be a BC Notary
Public when I became a member
of The Society
of Notaries Public
of BC in 1975.
Rick Evans,
BC Notary
Nanaimo
A part of history—for our family and
for The Society—is now over.
When I visited his home after he
died, I cried and I smiled when
I saw the chairs where he and I sat
while he tutored me about notarial
practice—and Latin!
A big part of my past, my present,
and definitely my future is based on
his teachings.
Akash Sablok,
BC Notary
Vancouver
10
Glory Ewen,
BC Notary
Vancouver
Bernard Hoeter was a commanding
presence within The Society of Notaries
Public of BC when I applied to become
a member so many years ago.
As Secretary, he so ably carried the
flag and instilled confidence in the
membership.
As one of my teachers, Dr. Hoeter
taught me to do the right thing and
to value common sense. He also
made me proud to
become a BC Notary
Public.
Roy Cammack,
BC Notary
White Rock
As I shovelled snow today, I thought
of my interview with Dr. Hoeter at The
Society offices in Vancouver in 1976.
I sat in the waiting room because
he was on the phone. His secretary
advised me that being a pregnant
female was certainly not going to
prejudice my application for a Notary
Seal. In those days, that was
refreshing news.
Dr. Hoeter talked to me for 20
minutes that included a lecture.
He had just spoken with the RCMP
and learned a member of The Society
had left pre-signed trust cheques in
his safe; Dr. Hoeter expected I would
The Society of Notaries Public of British Columbia
never do such a thing when I went
on holidays . . . I was sitting across
the desk from him, eyes as big as
dinner plates, thinking This is my
opportunity to say something.
Don’t blow it . . .
Dr. Hoeter to most of us—Bernard to
those who knew him best—was the
lecturer of pre- and post-examinations.
Many of the Notary Seal candidates
of the 1970s and 1980s had a strong
respect for his knowledge and his
ability to toss a hard-cover textbook.
We loved him. Over the years, he has
continued to allow our membership the
chance to skim his knowledge. I regret
not sitting in on a Dr. H wine session
that I heard so much about from the
Vancouver Notaries.
Bernard will be sorely
missed.
Margot Rutherford,
BC Notary
Courtenay
My interview with Dr. Bernard Hoeter
was in 1985. From all the rumours I had
heard, this would be an intense meeting.
I entered his office; it looked like the
scene from a movie . . . shelves and
shelves of books, a very large desk,
and behind the desk Bernard, a much
larger man than I had pictured. My
chair was comfortable but I was
sweating. He spoke with authority
and I was made to feel at ease. One
of his comments clearly stood out
. . . something about “those young
bearded lawyers.” Someone must
have rubbed him the wrong way.
I was sure glad I had a clean-shaven
face. I must have
passed muster. I am
still here.
Daryl McLane,
BC Notary
Parksville
Volume 20 Number 1 Spring 2011
Bernard shared many words of wisdom
with us over the years. The words that
became a driving force during my
Notary career went something like this.
You are about to become a Notary
Public and by doing so you will
have power and influence. You
will have the power to influence
people and situations that will
bring about positive changes
in your towns, cities, and this
beautiful Province of British
Columbia. But remember, you
are always a Notary Public.
Wherever you are, in any public
setting, people will be looking
at you as a Notary Public. You
must always conduct yourself in
public to satisfy the people who
are watching . . . and I don’t care
what you do in private!
Bernard set the bar high and frowned
on any action that did
not reach his standards
of excellence.
Phyllis Simon,
BC Notary
Armstrong
Bernard Hoeter was unique.
After 8 years of twice-a-week
secretarial sessions with him and
doing various errands, I still felt
indescribable gratitude at being
allowed to become a part of his
world—and to have
him become a part
of mine.
Requiescat in Pace.
David Leggett,
UBC Grad and Friend
Dr. Hoeter was definitely a learned,
larger-than-life human being.
nothing compared to my final
interview prior to approval. He
greeted me with his booming voice,
“Why did you change your name
from REIMER to BAILEY? You had
a good German name!?” In shock and
surprise, I meekly responded, “Oh,
I’m sorry, I got married.” That was
the extent of my interview.
Over the years, I learned to understand
him. We respected his office and his
wealth of knowledge. He will certainly
be missed by all who knew him.
Auf Wiedersehen;
Bis Zum Nachsten Mal
Leona Reimer (Bailey),
Roving BC Notary
As the recipient of the 22nd Annual
Dr. Bernard W. Hoeter Award, I had the
honour to meet Dr. Hoeter in person and
actually be a guest at his home.
I will forever cherish my wonderful
time in his and Erika’s company.
Dr. Hoeter has been an inspiration
for generations of BC Notaries.
I will remember him as a gentleman
with exceptional dedication to the
profession of Notary
Public. May his soul
rest in peace.
Mariana Troeva-Katova,
BC Notary
Burnaby
I will always remember Dr. Hoeter for
his meticulous way of conveying to all
Notaries the importance of dotting the
is and crossing the ts in any documents
we drew.
He was truly a special person, who
will be long remembered for his
contribution and devotion to our
Society.
My telephone conversations with
him when I was a Notary candidate,
though frightening at times, were
Leda Kwichak,
BC Notary
Vancouver
Volume 20 Number 1 Spring 2011
The Scrivener
Bernard Hoeter was a man of unlimited
curiosity and insight. At first glance he appeared to be
a European scholar: Intelligent,
observant, thoughtful, and selfassured with the added gift
of laughter. His style rarely changed.
He came to our door early one hot
summer morning to meet Roy Wares
and walk in the park with our dogs.
Wearing casual business clothes and
laced-up leather boots, he carried
a hooded sheepskin jacket over his
arm. Czar, our German Shepherd,
and Data, our Miniature Schnauzer,
were basking in the sunshine at the
bottom of the stairs.
“Are you expecting a touch of frost?”
Roy smiled, gesturing at the sheepskin.
“No, no. I just thought I’d see how the
Shepherd might treat a reminder of his
working past,” said Bernard.
He spread the jacket on the lawn. Czar
obediently walked over, sniffed it from
end to end, and stretched out in the
middle. Data remained aloof. “I should
bring a rat for the Schnauzer,” Bernard
joked, referring to the terrier’s instinct
for hunting vermin.
True to his nature, Bernard had
scanned the history of both breeds
before coming to meet our dogs for
the first time. In the manner of an
employer checking a job-seeker’s
résumé, he had popped into the
public library to check the historic
profile of Shepherds and Schnauzers.
While generally believed to be
of German origin, the sheep-herding
dogs’ ancestors came from Ancient
Persia while Miniature Schnauzers
are descendants of the Giant
Schnauzer, distantly related to
the Poodle, he told us. He said he
planned to learn more. Within a week
he had tracked enough material on
the subject to deliver a 20-minute
stand-up lecture on why dogs bark,
howl, and pant; how well they can
11
BC notaries
see and hear; and why
puppies chew slippers.
information. He was 6-feet
4-inches tall, with a booming
voice; his audience generally
sat up straight and paid
attention to his direct
questions and instructions.
During the early minutes
of even a brief encounter,
people would perceive he was
there to communicate.
In his research, Bernard
rediscovered English-born
zoologist Desmond Morris,
author of more than 50
scientific studies including
The Naked Ape, a controversial
worldwide bestseller translated
into 23 languages.
Bernard admired Morris
who, like himself, never
stopped asking questions. “We’re
never satisfied that we know enough
to get by. Every question we answer
leads on to another question. That’s
become the greatest survival trick
of our species,” he said, quoting
Morris. Together with others privileged to
grow older alongside Bernard, we
noted that his scholarly, searching
attitude deepened over the years. He
never met a subject that bored him.
Known as “doctor” in the European
academic tradition, he set up an
office in 1952 in The Vancouver
Block at 736 Granville Street
where he presided over a wide
range of business and professional
activities. The search for knowledge
was central.
His career in Canada developed as
a sort of multilingual chain reaction
based on need. He appeared always
at the right moment to invent,
expand, or improve upon any
venture he entered. His initial work
as international correspondent for
the CBC led to editorial work with
a Winnipeg-based German-language
newspaper favoured by new German
immigrants and linked to his role as
a translator and interpreter.
While working as an interpreter
and translator for government, law
courts, and industry, he set up The
Society of Translators and Interpreters
of British Columbia, a professional
12
Bernard enjoyed a good cigar.
organization of accredited translators
and interpreters whose work regularly
required notarized certification. The
daily need for notarial documentation
impelled Bernard to save major blocks
of time by qualifying as a Notary.
After study to qualify for
accreditation, within 7 years of his
arrival in Vancouver he opened his
private Notary practice. For the next
27 years, including 17 years as the
official Secretary—equivalent to chief
executive officer—of The Society, he
carried out his varied professional
responsibilities while preserving and
advancing the legal status and public
acceptance of independent Notaries
in British Columbia.
During the same period, he produced
studies and critical commentaries
for local and overseas publications,
including critiques on resources and
on wine and food. He researched
business and capital developments
and advised clients on corporate and
private affairs.
Among other duties, as Honourary
Consul of Guatemala Bernard advised
on passports, visas, and travel. He
employed two full-time secretaries—
one fluent in German, the other in
English—along with numerous parttime assistants who worked evenings.
It was not unusual for clients and
secretarial staff to feel intimidated
at first by Bernard’s no-nonsense
approach to gathering and relaying
The Society of Notaries Public of British Columbia
Except for planned holidays
and business conferences,
Bernard worked an average
of 12 hours daily, 6 and sometimes
7 days a week, throughout the
calendar year.
Saturdays were an exception. On the
last day of every week, he finished
work at precisely 3:30 pm to keep
a standing 4 pm coffee date at
home with Kristine. Occasionally, on
a quiet weekday afternoon, he’d stroll
a few blocks to the public library at
Robson and Burrard, or into a thriving
bookstore, to check the shelves for
new military or legal history texts or
a mystery novel for his wife.
Following Kristine’s death in 1991,
he said he greatly regretted not
supporting her wish to follow her
dreamed-of career as a librarian.
“It was my bourgeois German view
that wives of successful businessmen
did not work for a living. I learned
too late that is not a correct view,”
he told a married female friend who
worked full-time in publishing.
He revelled in sharing his knowledge
and opinions and in listening to
other interpretations of events. In our
view, he led his life as a tireless
scholar and a teacher, inquisitive
and searching, questioning his own
previous conclusions. He literally took
upon himself the task of educare—
to lead out.
Journalist Kayce White and professional
engineer Roy Wares were Bernard’s
friends and editorial associates.
Volume 20 Number 1 Spring 2011
From Bernard’s Daughters,
Tessa and Eileen
and generous the next. He
was loved and respected by
many and he is missed. He
was a big man, and he leaves
a big empty space in our lives,
but he lives on in all of us who
knew him.
Memories of My Father
As a child, I remember Dad read
us chapters of books and then
we were quizzed.
In recent years, I visited him
every 4 to 6 months from
Milwaukee. Each time, he was
weaker and frailer in body, but
1938: Bernard with his sisters Giesla and Lilo at
he remained strong in mind.
Wangeroge Beach on the Northern Coast of Germany
This was hard for him and it was
hard to see him decline in strength
I remember trying to take my
and able to do less and less for
independence as a teenager, and
himself. He wanted to die peacefully
I recall going on trips to Calgary
perhaps, in that, developing the
in his home. How fitting that he was
and Lake Louise, to Oregon, to
strength of my own personality. After
able to achieve his final wish.
Salt Spring Island. He made fried
I had my CA designation and was
potatoes. We stopped roadside to see
Tessa (Hoeter) Marks
practising in the tax field, I recall
bears; we shucked freshly harvested
the first time Dad asked my advice
oysters. I remember going to Mexico
on a tax matter.
Remembering . . .
with Dad and my sister Eileen at his
In
recent
years,
I remember
calling
(almost) 80th birthday; he got on
Growing up in the Hoeter household
Eileen to tell her Dad had raved
stage to join the dance show.
was not always the easiest thing.
about a meal she had cooked him
I remember family meals where he’d
Dad was strict and things had to
earlier that day and Eileen calling to
finished his first course by the time
be a certain way. Breakfast was at
tell me how much he had appreciated
the serving dishes had gone around
7:55 am every day; Tuesday was
something I had mailed him.
the table. Barbeques in the backyard
porridge. (I laughed when I watched
He was a complicated man—critical
in the Summer. The wonderful parties
and demanding one moment, loving
he and my mother hosted.
I recall birthday parties where
my girlfriends were asked
Who was . . . ? When was . . . ?
What was . . . ? I remember
in January of this year—at the
time of his 90th birthday—
being asked: Who was . . . ? When
was . . . ? What was . . . ?
Bernard and his wife Kristine
with Eileen and Tessa in 1960
Volume 20 Number 1 Spring 2011
The Family, 1961
The Scrivener
The Family, 1963
13
The Scrivener December 2002
BC notaries
Former Secretaries of The Society Stan Nicol, Bernard Hoeter,
and current Secretary/CEO Wayne Braid
See Cover Story Interview:
The Scrivener, Vol. 11, No. 4, December 2002
Bernard’s daughters Eileen Hoeter (left) and Tessa Marks (right)
with his partner Erika Riedel
Robert De Niro with his morning ritual in Meet the
Fockers.) I was not allowed to leave the dinner table till
I had finished my dinner, which sometimes took hours.
Thank goodness we had dogs!
On Sundays as little girls, Tessa and I would sometimes
accompany Mom to Dad’s office at 736 Granville Street.
At 12:30, he would take us to the roof, pick us up, and
let us touch the big hand of the clock as it hit 12:30.
We also spent time searching for the candy jar in his
office that he would hide and we would have to find.
As we got older, we helped out at the office using the
addressing machine with its metal plates to address all
the envelopes.
Dad would come to the breakfast table dressed for work
with just his tie and jacket to add. Many times he would
get up from the table to put on his tie, leaving a last sip
of coffee in his cup. Tessa and I would add sugar, salt,
and pepper to it and take it to him. “You forgot to finish
your coffee,” we would say; he would put the cup to his
mouth and pretend to take a sip, then make all sorts
of growling and sputtering noises as if totally shocked.
We always wondered why he never caught on to our trick.
Dad would give certain Granville Street buskers money
on Monday and that was it for the week. He would have
parties on the roof in the Summer and hire one of the
street musicians to come up and play.
When the BC Notaries had special theme parties, Bernard and Erika took great pleasure in dressing for the occasion.
14
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
I have very fond memories of that
building. It was quite funny that
I landed my first film work at the NFB
in that same building—736 Granville.
On Saturdays, Dad would come home
in the afternoon for coffee and cake
at 4. Many of my girlfriends and
I would be waiting for him to play
hide-and-seek with us. He had hardly
had time to sit down and he would
be expected to chase us down in the
house and find us. It was great fun.
When I was 9, I landed a job at
Southlands hot-walking polo ponies.
I made 25 cents a pony. Dad would
have to drive me down to the polo
field and pick me up 3 hours later.
I would have made $3 or so, but the
work ethic had started.
When was 12 and Tessa 13, we
did a family trip to Africa. My love
for photography began there, with
a camera Dad had given me. While
we were there, Dad started up a conversation with a hitchhiker with
a Canadian flag. He ended up living
about 3 blocks from us in Vancouver.
Dad invited him along for part of our
trip. One evening while we were staying
in a jungle hotel in Kenya, Dad invited
the hitchhiker to join us for dinner.
When he did not show up . . . well, you
can imagine. The next day the man
explained he had been stopped by
a male baboon protecting a dead female
baboon. Needless to say the decision
was hard—to take on a male baboon
or the wrath of not making a dinner
appointment with Bernard Hoeter!
Tessa and I have parts of both our
mother Kristine and Dad who live on
inside us. We miss them both as we
enter a new chapter in our lives.
Eileen Hoeter
I am so thankful I could spend many
happy years together with Bernard.
He was very close to The Society and
he was there for the Notaries when he
was needed.
When I had the honour to accompany
him to BC Notary events and
conferences, I could see and feel how
much The Society meant to Bernard.
For him, it was like his second family.
Erika Riedel s
Volume 20 Number 1 Spring 2011
KEYNOTE
Val Wilson
Mentoring
A
n earlier career in sales took me all over
the Lower Mainland.
It was fun. I loved the people I met and took great care to
dress nicely every day. One day, in the course of business, I ventured into
The Carriage House, a tony West Vancouver ladieswear boutique.
My outfit that day included a long, black-and-white woven-wool cape from
Ireland, a red dress with a handkerchief hem that dipped below the cape,
and beige boots of fine leather.
As the shop owner and I chatted about the benefits to the store
of the product I represented, she was assessing my attire. Years later,
when we were longstanding friends, June and her staff would recall my
cape—and laugh! I chuckled along with them because, soon after that
first meeting, June Rubenok taught me how to dress. She maintained
that looking good does not cost more money when you know how to put
yourself together! June took the time to help me, and gained a client
and a friend in the process.
The original “mentor” is a character in Homer’s epic poem,
The Odyssey. When Odysseus, King of Ithaca, went to fight in the Trojan
War, he entrusted the care of his kingdom to a man called Mentor. Mentor
also served as the teacher and overseer of Telemachus, the king’s son.
Bernard Hoeter was a significant mentor to hundreds of BC Notaries
over the years. Conversant in five languages, including Latin, he had the
confidence that mastery often generates. Even after he retired, he stayed
close to The Society. He was our icon.
Dr. Hoeter started this publication, then known as The BC Notary.
It began as a house organ that he, for the most part, wrote and edited,
and definitely supervised.
After reading an issue of The Scrivener from cover to cover, he would
write me a letter commenting on the content, complimenting us on the
articles he liked best, citing any errors he had found. I looked forward
to his quarterly missives. We delighted in publishing many articles by
Bernard—on law, history, food, and wine.
To whom do you turn for sound advice when you need it? Our Feature
articles showcase many mentors and mentees and the outstanding value
that can come from the mentoring experience. s
The Scrivener
15
FEATURE
Trevor Linden on Mentoring
H
is nickname is Captain Canuck.
Some say it should be Captain Hockey.
Trevor Linden is my favourite player in the National Hockey League.
He doesn’t have the flash of an Ovechin, Crosby, Gretzky, or Bure, but he
has something that not one of them has—talent in every part of the game.
Linden has excelled on and off the ice, stick-handling the toughest
opponents while laced-up and now handling complex real estate
construction and running a successful fitness centre.
In his 20 years as a professional sports athlete, he earned 867 career
points (375-492-867) and played 1382 regular season games. He earned
99 points (34-65-99) in 124 Stanley Cup Playoff games, amassing
25 of those points during the 1994 Stanley Cup run.
Linden appeared in two NHL All-Star Games and the 1996 World Cup
of Hockey, and represented Canada for the 1998 Winter Olympics.
Off the ice, he served as President of the NHL Players’ Association
for 8 years.
His list of charitable work would fill the pages of this magazine;
some noteworthy causes include the Canadian Cancer Society Camp
Goodtimes, Canuck Place, Zajac Ranch, and the Terry Fox family’s
fundraiser.
I had the opportunity to sit down with one of my idols to discuss how
it feels to be a mentor—intentionally or not.
16
The Society of Notaries Public of British Columbia
by Akash Sablok
Akash: Why did you want to be a hockey
player?
Trevor: Great question. My parents used
to ask me the same thing. I don’t know
why; neither of my parents was involved
in hockey. I started watching Hockey
Night in Canada at age 4. I wanted to
be a hockey player from age 5. I woke
up thinking about hockey and went to
sleep thinking about hockey. I did that
pretty much till the age of 40.
Akash: What role did family play in your
career?
Trevor: My family didn’t have much
to do with the game or in teaching
me about hockey. What they did was
instill in me a good work ethic and
a good set of values. My mother is
a great woman. We had tough love in
our family. If we wanted something,
we could save our allowance and get
it. I had a job at the golf course when
I was 10 years old. We worked on the
farm picking rocks and sweeping out
granaries.
Akash: Who are your mentors?
Trevor: I think your mentors change
as you move through different phases
of life. As a youngster, my parents
were my mentors. Early in my career,
Pat Quinn was someone I relied on for
direction and advice. Not only was he
Volume 20 Number 1 Spring 2011
my coach, he taught me a tremendous
amount about the game. He was
a respectful guy and someone
I admired.
Today in my life, I look at someone
like Mark James as a mentor; he’s part
of the Mark James Group. I value his
opinion on things; I am comfortable
speaking with him and I really trust
his judgment. I’ve been friends with
Mark for close to 20 years. I rely more
on him now that I am out of hockey
and doing different things.
Akash: What does being a mentor mean
to you?
Trevor: Someone you are comfortable
with, someone you trust, and someone
you value for his or her opinion. I value
the opportunity to speak to various
people that I think have good sense.
Akash: When did you become a mentor?
Trevor: LAUGHING I’m not sure I am!
I’ve always tried to do the right thing,
work hard, do what’s right. If that
means being a mentor, then . . .
I came here as an 18-year old. People
got to know me or maybe they’ve
never met me, but they feel they know
me because I have been here for so
long; they feel connected.
Akash: Leading by example is said to
be a form of mentoring. What are your
thoughts?
Trevor: Your point is a good one.
I think you learn early—especially
being in a leadership position—that
the old saying “talk is cheap” is very
true. In blunt terms, you don’t earn
the right to say anything until you
prove through your actions that you
can back up those words. For me,
a mentor is someone I watch and
learn from—and not only from what
is said.
Akash: You became the Captain of the
Vancouver Canucks at age 21, one
of the youngest Captains ever in
the NHL. So many NHL players were
Captains of their Junior teams; they are
the cream of the cream. How did it feel
to be Captain of those Captains?
Trevor: On any team—and it’s no
different in a corporate environment—
Volume 20 Number 1 Spring 2011
there is always a leadership group and
you’re a part of that. Alternatively, you
may be guiding that group, but they’re
definitely all leaders. I loved being
part of the leadership group. I felt
honoured. It’s great when you can rely
on other people to help bring ideas to
the table.
The BC Hockey Hall of Fame,
what can I say?! The Order
of Canada really blew me
away; it was very, very
special. I was overwhelmed,
humbled.
Akash: What was your thought process
before a game? Was it different for
a playoff game, Round 1, or Round
4? What happened in the locker room
before a game?
When you get to the actual game,
especially in the playoffs, different
situations call for different thoughts.
Is it the first game, the fifth game?
Are you up/down? Where is the
momentum? There are so many
variables.
Trevor
Linden
Akash: What advice do you have for
working together as a “team”?
Trevor: Team environments are
interesting. They are dynamic.
You have to assemble the right
teammates. Some people are more in
tune working with a team; some are
not. I have always looked for people
willing to put their individual agendas
aside and say, “We have a challenge;
we have a job to do. How are we going
to get it done?”—not, “Oh, that’s not
part of my job description.” You need
people who are willing to check their
ego at the door and say, “I’m willing
to do whatever it takes. How can
I help? Where can I start?” I played
with a lot of guys that were willing
to do the dirty work and the difficult
work. You quickly recognize those are
critical guys.
Akash: How did it feel when you stood
on the ice, looking at your fans?
Trevor: There is no better feeling.
The score on the board is important
The Scrivener
and winning was important, but
certain games stood out. They were
emotional, two-way games between
the players and the fans. Part of our
goal as players was to win; another
was to entertain.
Akash: The run to the cup in 1994 was
one of the most exciting times in sports
for Vancouver. The Canucks lost in
Game 7 in Round 4. What feeling did
you have at the end of that season?
Trevor: Around Christmastime 1993,
I remember saying, “Oh, boy; we’ve
got a bunch of injuries.” We were 100
point seasons in 1992 and 1993; we
had a very good team. Then we picked
up Marty Gelinas and Tim Hunter in
January 1994, traded Nedved for
Brown, Lafayette, and Hedican, and
things started to look good; we started
playing well. We played well through
the playoffs, but the way it ended was
probably one of the hardest things in
the career. You lose 4 games straight,
you think, Okay, they were better than
us. But when you lose in 7, it leaves
a mark. It was a great year. No fan
forgets that; no player forgets that.
It was a pretty special Spring here
in Vancouver.
Akash: From 1998 to 2006, you were
the President of the NHLPA [National
Hockey League Players Association],
a position that demanded a lot of your
time. What gave you the strength to play
hockey full-time and perform your duties
as President?
Trevor: To be honest, it was pretty
quiet from 1998 to 2002 during the
non-lockout labour strike. The League
was expanding and everyone was
pretty happy. Once we got locked out,
it became hectic but I had a genuine
interest and passion for the business
side of the game and enjoyed keeping
up-to-speed on things. I never felt it
was a burden.
Akash: You were inducted to the
BC Hockey Hall of Fame and received
The Order of Canada in 2010. What do
they mean to you?
The BC Hockey Hall of Fame, what
can I say?! The Order of Canada really
blew me away; it was very, very
special. I was overwhelmed, humbled.
17
Akash: On December 17, 2008, your
jersey—No. 16—was raised to the
rafters at the home of the Canucks.
It hangs with Stan Smyl’s No. 12 and
Markus Naslund’s No. 19. I am proud
to see your jersey every time I go to
a game. How does it feel for you?
Trevor: For me, that is the ultimate
compliment for the team to recognize
you. That’s your place in history with
the Vancouver Canucks; it’s very
special. It was a great night. I had
fun. I was nervous!
Akash: What were your best and your
worst moments, on and off the ice?
Trevor: Worst moment on the ice:
Losing Game 7 to the New York
Rangers. My best moment on the ice
was beating the Toronto Maple Leafs
in the Conference Final at home.
Worst moment off the ice was when
the hockey season was cancelled
in 2005. Best moment off the ice:
When I heard I was traded back to
Vancouver.
Akash: What advice do you have for
young hockey players?
Trevor: I get concerned when parents
get too serious; it takes the fun out
of it for the kids and it takes the fun
out of it for the parents. My parents
never got into that. They weren’t
concerned if I played good or bad;
it was important that I was having fun.
I encourage young hockey players to
get involved in other sports, too—play
soccer, play baseball.
Akash: Your advice for people in
business?
Trevor: That question is interesting,
I don’t feel I have enough experience
to give anyone advice in business.
I recognize it is early in my business
career. I have a small construction
project in Victoria and we’re starting
another one, but I have a lot to learn.
There are a lot of people that I have
to rely on for advice in the real estate
development community, so I’m not
in a position to be giving anybody any
advice when it comes to business.
Although I knew my career
was going to end one day,
as all professionals know,
I wasn’t doing anything
special to prepare.
Akash: You are a very successful
businessman and builder. What
preparation did you do for your “after
professional sports” career?
Trevor: Although I knew my career
was going to end one day, as all
professionals know, I wasn’t doing
anything special to prepare. I was
involved in the NHLPA, and I used
that as a business education. I wanted
to put 100 percent of my energy into
playing. I didn’t want to be part-time
in anything.
Akash: Tell me about your involvement
in the Club 16 Fitness Club.
Trevor: A mutual friend knew another
friend who was in the fitness
business. He approached me to
possibly bring my brand, my name,
plus his expertise, to work together on
this concept. I have been approached
numerous times, but for me, this
felt like a good fit. The more I tried
to shoot holes in it and try to figure
out why it wouldn’t work, I realized it
would. Club No. 1 opened in February
and we are already planning for Club
No. 2. Our goal is to open a dozen
clubs in BC. The Club has circuit
classes, spinning, full free weights,
110 pieces of cardio equipment, and
a Women’s Only section.
Akash: In what other activities are you
participating these days?
Trevor: I cross-country and downhill
ski and ride my bike in Squamish.
Akash: Competitively?
Trevor: No, just for fun. I had a race
last week in Sun Valley, Idaho. Those
races are a catalyst to get you places
around the world. I rode my bike from
the top of Portugal to the bottom in 9
days and I had a blast doing it.
Akash: Have you met Lance Armstrong?
Trevor: My wife has. I haven’t.
Akash: I know you do a lot of charitable
work. How do you manage your time?
Trevor: When I played, there were
some natural fits. Now, I donate my
time and myself for various auctions,
personal training sessions at Club 16,
kids’ hockey practices, and lunches.
We are hoping with Club 16 that we
can generate some charitable dollars.
Akash: Your advice for future mentors?
Akash and Trevor
18
The Society of Notaries Public of British Columbia
Trevor: There’s no magic. It’s
leading by example and setting
a good example. I was lucky. I had
parents who were hard-working and
Volume 20 Number 1 Spring 2011
disciplined and set me on the right
path; you live your life from there.
For young people, I think it’s about
making the right choices. There’s the
right choice and the wrong choice.
from 7 to 8. When I do that, I just have
a better day; I am better prepared.
were 21 when I came back in 2001.
I really liked them; they were great
kids—they were talented. They were
playing in the line behind Bertuzzi,
Naslund, and Morrison and weren’t
getting the ice time they maybe
should have. I really enjoyed getting
to know them. I see them now, off
the ice. They are both great leaders
and very well spoken. Their emotions
don’t run too high, or too low; they’re
levelled. They’re the type of guys you
want on your team.
I use Twitter. I’m not on Facebook. I’m
not super hi-tech—that’s my brother.
Our motto for Club 16, whether you’re
extremely fit or just getting started, is
that it doesn’t where you are. Whether
you’re young or old or in the middle,
we all need a sense of fitness so we
can be productive and healthier and
do things farther into our lives. For
me, in 20 years of playing, I worked
out pretty much every day. You get
used to that “drug”; it’s a high.
Akash: What are your plans for the next
5 years?
Akash: Will we see you in the Canucks’
franchise again?
Akash: What message would you like to
give our readers?
Trevor: I’m looking forward to
developing the Club 16 program and
we have another project in Kitsilano.
Trevor: I’m busy; I’m happy. But if
the right opportunity came along,
possibly. Things are pretty good right
now; I think the Canucks are doing
okay without me.
Trevor: I’ve been really lucky in my
life. I’ve been able to do a job I love
to do and I did it for 20 years. In the
last couple of years, I feel very lucky
that I have people around that I can
talk to and get good advice.
Mentoring is a two-way street. Pat
Quinn really respected his players and
he got respect back.
Akash: Do you use Social Media?
Since I retired, I’ve been going kind
of year-to-year. Now I feel I have some
direction. I am really excited about
the fitness business and will spend
a lot of time with that. I believe that so
firmly for myself; I know I am a better
person when I am physically fit—but
not only that, I am mentally a better
person. I was at the gym this morning
Volume 20 Number 1 Spring 2011
Laughter
Akash: Yes, but it’s not the same!
I remember reading an article a long
time ago where Henrik Sedin said you
were his idol and mentor.
Trevor: I think those guys, the Sedins,
The Scrivener
I am new to the development world,
new to the fitness world. My dad used
to say “a very smart guy knows what
he’s dumb at.” I enjoy learning. I’ve
been in one business for a long time.
I enjoy the business I am in now. s
19
FEATURE
Laurie Salvador
Participation
Produces Pride
M
y partner Lisa Ehrlich,
our colleague Susan
Davis, and I have been
mentoring BC Notary students
for the past 6 years.
situations that come up every day
around this office . . . from hospital
visits where we have had to “gownup” to avoid infectious contact, to
collecting a mountain of personal
effects from a motel room abandoned
by a client suffering from bipolar
disorder—and who had appointed me
her Power of Attorney without telling
me that valuable piece of information.
We do this as a way of giving back
to an organization that has provided us
with guidance and education for many
years. When Susan and I first started
out as BC Notaries, we had each other
as sounding boards. We could discuss
problems and figure out a way to help
our clients through difficult situations.
We were very lucky.
Knowing how large the
learning curve is, we are
pleased to participate by
mentoring as many students
as we can.
Over the past few years, our Notary
Society has developed Notary Chapters
around the province, introduced the PAL
help line, and initiated a mentorship
program for new Notaries.
It gives me a great deal of pleasure
and pride to see my students start
their practices and become successful.
My flock includes Kate Manvell,
Meghann Hutton, David Watts, Cheryl
Vavra, Shawna Farmer, Patrick Kelly,
Cam Sherk, and Kristy Martin. Forgive
me if I have forgotten anyone.
Knowing how large the learning
curve is, we are pleased to participate by
mentoring as many students as we can.
Mentoring requires energy and
a commitment to learning from both
the mentor and the student. I can say
without question that the students
are always awestruck at some of the
Kate
Manvell
20
Meghann
Hutton
The BC Notaries we have
mentored are now are in great
practices and feel comfortable calling
David
Watts
Cheryl
Vavra
Shawna
Farmer
The Society of Notaries Public of British Columbia
me if they run into something with
which they need a hand. I am happy to
share my experience, our precedents,
marketing strategies, and problemsolving suggestions.
Most of my clients are retired;
they know the value of mentoring
people who are entering a profession.
I have yet to encounter a client who
will not participate in this process.
Clients are quite willing to have
the mentee present in the room during
the initial interviews. They recognize
the importance of mentoring future
professionals. Once the student has
sufficient knowledge of the interview
process, with supervision he or she
can actually lead the interview and
prepare the appropriate documentation
to our standards.
Aside from the personal satisfaction
of “giving back,” we develop a 
permanent bond with our students.
It’s like making a friend for life! s
Laurie Salvador is a BC Notary practising
in beautiful Sidney-By-The-Sea.
Voice: 250 656-3951, ext. 229
[email protected]
Patrick
Kelly
Cam
Sherk
Kristy
Martin
Volume 20 Number 1 Spring 2011
FEATURE
Kate
Manvell
#350 – 522 Seventh Street
New Westminster, BC
V3M 5T5
In Praise
of Mentors
Telephone
Facsimile
Email
(604) 524-8688
(604) 526-0455
[email protected]
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A
mentor is that one
person who can guide
you, help you, take you
under his or her wing, and
nurture your career.
Thus was Laurie Salvador for me,
when I was a newly commissioned
BC Notary Public in May 2005.
They say a mentor is often in
a position you’d like to be in. Laurie has
been a very successful Notary for many
years, something I certainly hoped to
become in the not-so-distant future.
While spending time with her at
her Sidney Notary practice, Laurie
was always open to sharing stories
of her own experiences in her climb
to success. She is a person greatly
admired and respected, not only by
her vast clientele but by her fellow
Notary colleagues.
She has relevant knowledge,
wisdom, and expertise. We’re most
grateful to her for sharing with so
many of us, regardless of how hectic
or busy her own Notary practice might
be at the time we need her guidance.
As a mentor to countless newbie
Notaries, Laurie shows leadership by
giving back. I trust she feels a ping
of pride in her mentees/protégés as their
Notary practices develop and progress.
Thank you, Laurie! You’re an
incredible mentor. s
Notary Kate Manvell practises
in West Vancouver.
[email protected]
Volume 20 Number 1 Spring 2011
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The Scrivener
21
FEATURE
Scott Simpson
Keen Outsiders
Welcome!
O
ver the past few years,
along with my partners
Bob Simpson and
Dean Simpson, I have had the
opportunity to mentor a few
students under The Society
of Notaries’ mentoring program.
Prior to this initiative, the process
for a new Notary to gain experience
was less formal and varied. Some were
fortunate to join an existing practice
and have continuous mentorship
from their new employer or partners.
Many others had success going it
alone, utilizing the experience of the
established Notaries through The
Society’s Helpline.
I started back in 1994. I was
lucky to join a practice that had been
operating since 1968 and was able to
gain experience while working alongside
my partners in the “family business.”
It is difficult for me to imagine what it
would have been like to start practising
at the ripe old age of 25 without that
practical experience.
I know that many of our best and
brightest did it exactly that way. Now
all new BC Notary students must
complete a mentorship period before
putting up their shingle. I’m sure our
students are very grateful for that.
22
Mentoring requires our established
members to take part. I think initially,
some Notaries are somewhat fearful
of the process. Excuses may come
in many forms such as “I’m too busy
and can’t afford the time required” or
“why would I want to show a potential
competitor my way of doing things
and, worse yet, have them steal my
clients?” I’ll admit that when I was
considering becoming a mentor, some
of those fears crossed my mind. Mentoring helps
not only the student;
it helps me.
Fortunately, at one of our
BC Notary Spring Conferences a few
years ago, I attended a session
moderated by the current President
of The Society, John Eastwood, who
talked about his experience with
mentoring. While the time issue is
different for each practitioner, the
second fear was put to rest. John
talked about the benefits of getting
to know and having a good relationship
with someone who may end up being
your competition.
What better way to develop trust
with a new Notary than inviting him
to look at your practice and get him
started on the right foot. John was the
mentor for Notary Dan Boisvert.
The Society of Notaries Public of British Columbia
Today, they are competitors and they
get along very well.
[Please see the Cover Story.]
The main reason I chose to
mentor is I truly believe I owe it to my
profession. BC Notaries are a relatively
small fraternity whose vitality depends
on supporting one another. A fellow
Notary who struggles or lacks the ability
to properly serve the public reflects on
our entire profession. Before starting
their own practice, it’s critical that our
students receive hands-on practical
experience. It’s much better to learn in
that environment than by trial and error,
once they are out on their own.
Mentoring helps not only the
student; it helps me. It’s nice to get
a keen outsider to look at our office
and be curious about our processes.
While they are in the mentoring
process, students are usually
immersed in their studies and can
share their insights based on their very
recent course studies.
A slightly more selfish reason for
mentoring is that our firm may be
looking to hire a new Notary fresh out
of school; the mentoring time allows
us to see if there’s a fit.
Here’s a little bit about the process.
The first thing we do is give them
a tour of the office and make sure they
understand how our process works.
This gives us a chance to talk about
Volume 20 Number 1 Spring 2011
things such as what we do when a file
comes into our office, how it arrives,
how we organize our files, and how the
files are finalized. We get the student
to join in on the client appointments
right away because that is the most
valuable experience we can give him
or her in our short time together.
GEORGE E.H. CADMAN,* Q.C.
604 647-4123 Cell 604 290-8947
[email protected] www.boughton.ca
Real Estate, Corporate Litigation
and Dispute Resolution
BOUGHTON LAW CORPORATION
SUITE 1000, 595 BURRARD ST., P.O. BOX 49290,
VANCOUVER, BC V7X 1S8
TEL 604 687-6789 FAX 604 683-5317
*LAW CORPORATION
I have been amazed by our
clients’ willingness to take part in the
mentoring process. Most are genuinely
happy to be able to help and are often
quite interested in the journey of the
student Notary. I always tell clients
I’ll be on my best behaviour and
won’t be able to take any shortcuts
because I have to do everything “by
the book” while being watched by the
student. Chuckles usually ensue and,
before you know it, we’re on our way.
After each appointment, I debrief
with the student and answer questions
about the file. It’s amazing how many
learning opportunities come from each
appointment. There have been days
when it seemed like every appointment
was someone coming in with an
off-the-wall request or problem that
a BC Notary would not or should not
deal with. It was really valuable for that
student to see firsthand the importance
of knowing the limitations of a Notary
practice and, in essence, how to say no
to someone willing to give you money.
As we near the end of the
mentorship, we may on a limited basis
switch roles and allow the student
to ask questions of clients or explain
documents. That is always interesting
and can provide a valuable learning
opportunity for the student and myself.
The students usually come away from
our time together with more questions
than answers but it’s a necessary step
toward what will be a fulfilling career
of continuous learning. s
Scott Simpson is a graduate of the
University of Western Ontario. He was
commissioned as a BC Notary in 1994.
He practises in Chilliwack and Hope with
his brother Dean Simpson and his father
Robert Simpson. Scott served as a Director
of The Society from 2000 to 2010. He
lives in Chilliwack with his wife Jacquie
and their children Lucas and Olivia.
[email protected]
Volume 20 Number 1 Spring 2011
The Scrivener
23
FEATURE
Jim Emmerton
Mentoring
at the British Columbia
Law Institute
T
he British Columbia Law
Institute (BCLI) and its
division, the Canadian
Centre for Elder Law (CCEL),
are leaders in mentoring
law students and recent law
graduates in legal research and
law reform work as well as
outreach and education activities.
With emphasis on nonpartisan
and innovative approaches and overall
excellence, BCLI provides law students
and recent law graduates with unique,
high quality mentoring on a broad range
of legal topics and event activities.
Since incorporation in 1997, BCLI has
provided mentoring for more than 50
law students and law graduates.
Greg Blue, QC, congratulates Andrew
McIntosh on completion of PLTC
24
During our fiscal year ended
March 31, 2011, BCLI provided
unique and substantive
mentoring programs for
8 students and graduates.
During our fiscal year ended
March 31, 2011, BCLI provided unique
and substantive mentoring programs for
8 students and graduates.
Public interest articling program
The Law Foundation of BC generously
funds public interest articling programs
with various organizations, including
BCLI. During fiscal 2011, Heather
Lynne Campbell completed public
interest articles with Laura Watts as
principal. Our program is unique in
that the articling student spends time
working on BCLI’s research and law
reform activities, and is then seconded
for approximately 4 months with
Boughton Law Corporation to work in
solicitor and litigation practice.
As of March 1, 2011, BCLI has hired
Emma J. Butt as a Staff Lawyer
with BCLI. Emma articled with
BCLI/Boughton through the Law
Foundation’s public interest articling
program before joining Boughton Law
Corporation as an associate lawyer.
Emma is an excellent example of the
great success of the public interest
articling program.
The Society of Notaries Public of British Columbia
Articling
BCLI contracted Andrew McIntosh,
an experienced lawyer from England,
as a legal researcher while Andrew
obtained qualification to practise
law in British Columbia. With Greg
Blue, QC, as principal, BCLI provided
the shortened articling program
required by the BC Law Society for
qualification. Andrew has worked
on various BCLI and CCEL projects
including Probate Rules Reform,
Real Property Reform – Phase
2, and Assisted Living, BC; the
latter two are funded in part by the
generous contributions of the Notary
Foundation of British Columbia.
Legal Researchers
BCLI retains up to four legal researchers
from time to time, dependent upon the
work involved in legal research and law
reform projects. During fiscal 2011,
BCLI engaged several people in this
program.
• K
ristine Chew, a lawyer transferring
to practise in British Columbia,
has worked as a contracted legal
researcher with BCLI. Kristine
provided legal research support on
several BCLI and CCEL projects
including Assisted Living, BC,
elder abuse and neglect, and
Unfair Contracts Relief.
• D
uring the Summer of 2010,
Kisa Macdonald, then a second
year UVic law student, made
Volume 20 Number 1 Spring 2011
Kenta Yoshioka (Japan), have
successfully participated in the
program.
Andrew conducting online international
comparative legal research
significant contributions to CCEL
projects including elder abuse
and neglect and the Workplace
Dispute Resolution Project.
Kisa is returning to BCLI this
year for articles under the Law
Foundation’s public interest
articling program.
• D
uring the Summer of 2010,
Jenya Rusen, then a second-year
UBC law student, provided legal
research on several BCLI and
CCEL projects and research,
organization of the 2010
Canadian/International Conference
on Elder Law, and analysis into
developing a potential social
enterprise business for BCLI.
During her third year, Jenya has
continued on a volunteer basis
to research a potential new law
reform project relating to liability
for animal-caused injuries.
• A
nna Krangle-Long, a student
in the UBC School of Library,
Archival and Information Studies,
is assisting BCLI as a volunteer
to catalogue BCLI’s library
of materials. This is in part
continuing work supported by the
Law Foundation of BC’s generous
funding to support BCLI/CCEL
to make its library of materials
accessible online.
• B
CLI has an arrangement with
the Immigrant Services Society
of BC (ISSBC) for the internship
of ISSBC students. Under the
program, students intern at
BCLI for up to 2 months and
participate in our activities while
improving English language
skills. To date, two students, Lyn
Khositrungwanich (Thailand) and
Volume 20 Number 1 Spring 2011
• C
CEL has a longstanding
collaboration with Stetson
University of Florida and its Elder
Law program. During the Summer
of 2010, CCEL hosted David
McClelland for an internship in
Vancouver. While with CCEL, David
provided research in several areas,
notably in the Assisted Living, BC
and Workplace Dispute Resolution
projects. We are hoping to organize
internships for many Stetson law
students in future.
With a strong commitment
to continue mentoring
students and graduates,
we will continue to explore
new opportunities
and relationships.
BCLI and CCEL are proud and
pleased by our many successes in
mentoring. With a strong commitment
to continue mentoring students and
graduates, we will continue to explore
new opportunities and relationships.
Please contact us if you want to
explore our mentoring ideas and
opportunities.
www.bcli.org s
Executive Director W. James (Jim)
Emmerton, BA, LLB, University
of Western Ontario Law, was called
to the Bar of Ontario in 1975. He has
more than 36 years of experience in
leading organizations. He has been
extensively involved in business,
finance, legal, and law reform issues
nationally and internationally and brings
expertise in organizational and business
development. Mr. Emmerton provides
executive management of BCLI/CCEL
and participates in developing and
managing a wide range of activities
relating to legal research and law
reform projects.
Voice: 604 822-0145
[email protected]
The Scrivener
Services a BC Notary
Can Provide
• A
ffidavits 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 and 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 and Builder’s Liens
• Statutory Declarations
• Subdivisions and Statutory Building
Schemes
• Wills Preparation
• Wills Searches
• Zoning Applications
Some BC Notaries provide
these services.
• Marriage Licences
• Mediation
• Real Estate Disclosure Statements
Over 300 Notaries to Serve You!
For the BC Notary office
nearest you,
please call 1-800-663-0343
or visit www.notaries.bc.ca.
25
FEATURE
Tammy Morin-Nakashima
Giving Back
through Mentoring
H
ave you heard it said,
“No man is an island”?
“No man is an island,
entire of itself…any man’s death
diminishes me, because I am involved
in mankind.” 1 I wonder if John Donne
had been reflecting on his mentors
when he made that statement.
Today, those words reveal the road
to success. Many individuals attribute
their success in life and business to
their mentors.
• W
arren Buffett frequently credits
Ben Graham as his mentor.
• D
ale Carnegie’s mother Amanda is
credited with having served as his
mentor and personal-improvement
coach.2
Kevin D. Crone, CEO of Dale
Carnegie Business Group, Canada,
writes a column on their corporate
Website, “Monday Morning
Mentor”—I encourage you to read his
insights.
Although mentorship is an old
concept, it’s finding new life as
a current buzzword.
1From John Donne (1572–1631). It appears
in Devotions Upon Emergent Occasions,
Meditation XVII, as searched on the Internet.
2According to a SuccessMagazine.com article
by Todd Eliason, “Winning Friends and
Influencing People, Dale Carnegie proved
that nice guys can finish first.”
26
When I was a director at the
Richmond Chamber of Commerce
in the late ‘90s, we put in place
a mentoring workshop to encourage
and bolster young entrepreneurs.
Owning a business affords
challenges that the passionate
entrepreneur is eager to embrace
and conquer. At the Chamber, we
recognized most businesspeople are
overwhelmed with detail; we looked
to pass on the experience and tricks
of the trade that would give others
access to the wealth of knowledge that
can be provided by successful and
established entrepreneurs.
…success in business
can be fast-tracked,
losses can be avoided,
and balance can be achieved.
Through comfortable dialogue with
mentors, mentees gained tremendous
opportunity through suggestions on
how to avoid business pitfalls and
find valuable resources, networking
contacts, and much more. Today,
the Richmond Chamber’s newsletters
continue to include valuable resources
regarding mentorship programs.
BC Notaries are entrepreneurs
who face the usual business concerns
and some that are unique to the
profession. The Society of Notaries
The Society of Notaries Public of British Columbia
Public of BC encourages active
mentorship. Over the past few weeks,
I’ve interviewed several Notaries to
whom I posed this question: “Do you
use another Notary as a mentor?” It is
interesting that each said, “Yes.” Most
indicated they have more than one.
In my own experience as
a new Notary, I benefitted from
the assistance of several mentors:
My entrepreneurial parents; my
sponsor, Notary Maureen Friesen; and
the network of lawyers and Notaries
for whom I worked over the years
before I became a Notary myself.
I also job-shadowed my predecessor
Gerry van der Ven before taking over
her Notary practice in 1996.
Through the wisdom of an
experienced coach, I learned that
success in business can be fasttracked, losses can be avoided, and
balance can be achieved. I also found
that great friendships are forged during
the mentoring process.
When you reach a measure
of success, you can reciprocate your
good fortune by passing on your
expertise. After all, no man is an
island. s
BC Notary Tammy MorinNakashima practises in Richmond.
Voice: 604 275-0070
[email protected]
Volume 20 Number 1 Spring 2011
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FEATURE
Shawna Farmer
Confidence and Peace of Mind
through the Mentoring
Experience
s I began to write this
article on mentoring,
it made me think about
the first and most influential
mentors in my life—my parents.
A
with the demands of the Master’s
program—my second Master’s degree
in 5 years; I was left to wonder if my
decision to become a Notary was the
right choice.
They taught me the values
of compassion and service and,
more important, they believed in me
when I struggled to believe in myself.
I attribute everything good in me to
them.
The experiences and support
I received from my mentors and their
staff reassured me. They taught me
the day-to-day undertakings of the
work and the business, while imparting
knowledge about the profession that
cannot be learned in a book.
I am a member of the first
graduating class of the Master of Arts
in Applied Legal Studies (MAALS)
postgraduate program for BC Notaries;
reflecting on my mentorship
experience evokes emotions
of gratitude, relief, and hope.
For me, being mentored was about
learning how to become a Notary
and how to be a professional yet
compassionate person with a willingness
to serve others. My mentors reinforced
the core values I inherited from my
parents and, like my parents before
them, they believed in me, supported
me, and nurtured my talents. They
continue to do so to this day.
I performed my required
mentoring segment in the Summer
of 2009, prior to completing my last
semester at Simon Fraser University.
At the time, I was feeling overwhelmed
28
That was until I began my three
mentorships.
The experiences and support
…reassured me.
This first experience with
mentoring gave me the boost I needed
to get through the final stretch of the
SFU program and the statutory exams.
September came quickly as I entered
my final course at SFU, taught by none
other than Todd McKendrick, counsel
of record for the BC Notary Society.
Todd
McKendrick
A major component
of our final course
required that we write
a research paper to
support methodologies
for the delivery
of professional and
effective notarial
services. When it came
The Society of Notaries Public of British Columbia
time to choose a topic for the paper,
I had what I thought was an original
flash of genius—I would write a paper
on Mandatory Continuing Education
and would use it as a vehicle for
refining the new mentoring program.
What I discovered was that most of my
recommendations were already in place.
For example, Notaries who participate
in the program receive education
credits for mentoring. I encourage all
BC Notaries who have been practising
for more than 5 years to investigate the
mentoring program and the benefits it
can provide to their practice.
After writing the statutory exams
and being sworn in as a BC Notary,
I entered the world of the sole
practitioner. Again, I felt a little
overwhelmed with the demands
of setting up a practice and running
a new business. I discussed my
concerns with my mentors at Salvador
Davis and Company. They did not
hesitate to invite me back to continue
training for as long as I needed to
gain the knowledge and confidence
necessary to move forward. I spent the
next few months at their office and
I am thankful I did. I still communicate
regularly with my mentors to ask
questions and run ideas by them.
Here is some practical advice
for current and future students to
get the most out of the mentorship
experience.
Volume 20 Number 1 Spring 2011
2.Don’t feel overwhelmed when you begin your first
mentorship. You will be surprised what you retain from
it after you open your own practice.
3.Get a broad range of experience by mentoring with more
than one Notary. Each Notary runs his or her office
differently and has different areas of expertise. You can
draw on those varied experiences to determine what will
work best in your new practice.
Photograph by Denise Rowe ©, PhotoSensitive
1.Interview as many potential mentors as possible.
The right fit between student and mentor is important.
Determine what you want from the experience and
communicate those goals in your interview. That will
help you and the mentor decide if the arrangement will
be beneficial to both of you.
4.Mentor for longer than the 3 weeks required by the
program. I gained a lot by mentoring again after
I became a BC Notary. It allowed me to apply my
academic lessons to hands-on practical situations.
Kevin Connell with his wife,
Mariette. Kevin is now in
remission after treatment
of a multiple myeloma,
a rare cancer.
5.Don’t be afraid to ask questions of your mentor or
of any other BC Notary. Notaries are a very collegial
group. Any time I have called a Notary to ask a practice
question or for advice, I have never been told he or she
was too busy to help—whether or not I mentored with
that Notary.
6.Take lots of notes and, if your mentor will allow it, ask
for copies of precedents. Many times I have looked at
the precedents of others when completing tasks such
as complicated Electronic Land Title forms.
7.Be proactive by keeping your mentorship checklist
handy. If there is something you have not covered,
say something. BC Notaries are busy people; it is your
responsibility to make sure you are getting what you
need.
Embrace
giving.
8.Honour your commitment by being on time, dressing
professionally, and following through on tasks.
Remember, the mentors are taking time out of their
schedules to help you succeed.
9.Finally, maintain regular contact with your mentors once
you have completed the program.
The mentor experience has given me peace of mind.
I know that although I practise independently, I am never
alone. If I require assistance, my mentors are always there
to provide guidance, inspiration, and encouragement.
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The relationships I forged during my mentorships and
the values and lessons I learned from my mentors will last
a lifetime.
Thank you to my mentors and their staff.
Thank you, Mom and Dad. s
Shawna Farmer is a BC Notary Public practising in Sooke.
cancer.ca
Voice: 250 642-6778
[email protected]
Volume 20 Number 1 Spring 2011
The Scrivener
29
FEATURE
Joyce Helweg
It Takes Two to Tango
Mentoring: A BC Notary’s Perspective
I
recently entered into
a mentoring agreement
with a BC Notary student.
It became a win-win situation
for both of us.
Right from the first informal
interview, our personalities clicked.
We shared our likes, dislikes, and
talked about our families and what
we like to do in our spare time.
I introduced Carmen to my staff and
allowed her to get to know them. In
a very small office such as ours, that
was of paramount importance.
We then discussed what was
expected of each of us and what we
were both able to contribute to the
mentoring process. We quickly found
we were both eager, enthusiastic, and
willing to restructure our lives and
make the sacrifices the mentoring
program would require.
• not disrupt other staff members;
Right from the first
informal interview,
our personalities clicked.
I also expected Carmen to quickly
pick up on where her services could
be of assistance to relieve some of the
workload of the other staff.
I expected Carmen would
• spend a certain amount of time in
the office;
• be dedicated to the job at hand
and follow through on tasks
assigned;
• work on her own for part of the day;
• listen, not only to me but to the
other staff members; and
• learn the professional chatter
of the office and how it related to
each file.
The most important policies
in my office are a smiling face,
confidentiality, good service, and that
no one attaches blame to any file.
We simply fix it. I would occasionally
give Carmen a file that required
some research to complete and some
time alone in a quiet, uninterrupted
workplace to give her the opportunity
to work at her own pace. It was a great
way to present new material to the
student and allow me to complete my
work on time.
One of our daily goals was to set
aside two blocks of time,
• t he first hour in the morning to
introduce material that required
discussion; and
• t he last hour of the day to review
the day’s activities.
Although many questions would
arise during the day, we quickly
developed a simple system: “If my
door is shut, do not disturb.” That
explains my needs to all my staff
and allows me time to complete
transactions.
From left: Angela Chauvin, Conveyancer; Carmen Wheatley, BC Notary;
Lynda Work, Bookkeeper; and Joyce Helweg
30
The Society of Notaries Public of British Columbia
Each day, we set aside quiet time
for all staff to review a current file.
In inclement weather, we stay in our
Volume 20 Number 1 Spring 2011
work stations at lunchtime to discuss
matters such as tax adjustments,
property transfer tax issues, or
homeowner grants.
Allowing Carmen to sit in on
the various work stations gave me
the opportunity to listen to my staff
members explain their jobs to her
and gave me the confidence that my
staff members were very competent.
Rotating work stations every hour
allowed my staff the time alone to
complete their work.
If a situation arose where a client
wasn’t happy, a bank wasn’t happy,
or I wasn’t happy, a discussion on the
matter would take place first thing in
the morning when everyone was fresh.
We would review the circumstances:
“Remember when Mr. Jones came
in yesterday? This was his concern
and here is how we rectified it. How
can we prevent the problem from
happening in the future?” That often
would lead to a discussion of a better
way to manage a situation.
Once Carmen began to develop
her confidence, we would double-up at
the signings. We would explain to the
client that the extra person on board
was a BC Notary student and ask the
client’s permission to have her present
at the signing.
Clients in our remote area would
always agree to having Carmen there;
they knew that having an extra Notary
working in the office would ensure they
had ongoing service in the future.
When Carmen had built enough
confidence, she would conduct the
interview with the client, with me
watching and listening. As we all know,
with repetition comes perfection.
Just as you expect the student
to listen to you, you must watch and
listen to the student.
The longer the mentor has been
in the business, the more structured
and unbending his or her process
becomes. Be receptive and willing
to change some dyed-in-the-wool
processes. With new people come new
ideas. s
Mentoring:
A New Notary’s Perspective
Carmen Wheatley
F
or most BC Notary students, the mentoring experience
starts after the first term of the Master’s degree program
at Simon Fraser University.
Even with half the Notary training completed, working in the office
of an established Notary is initially overwhelming.
Wayne Braid, our Secretary [and now also the Chief Executive Officer
of The Society], warned me at my interview, even before I became
a BC Notary student, that my background as a professional forester did
not provide the same overlap in business practice that many students with
experience in banking and real estate have. He noted that the learning
curve might be steeper for me.
Mentoring was a huge factor in assisting me to make the transition
to such a different field of practice.
Mentoring provides the bridge between the theory and the practical.
The SFU Notary program arms students with the required theoretical
concepts and understanding to practise as BC Notaries, but the days spent
with an experienced Notary, the Notary’s staff conveyancers, and the
clients made the concepts gel.
Some of the mentoring activities from which I received the greatest value
were
•
•
•
•
the review of challenging files;
understanding the flow of a conveyancing file;
sharing experiences on managing timelines; and
how to handle the stresses of this intricate kind of work.
The mentoring process provided me with the opportunity to see how
a BC Notary operates day to day and gave me many insights into running
a Notary business. That included showing how much you value your
employees and how to create a positive work environment.
Because I purchased my mentor’s business after I was fully
commissioned as a BC Notary, I have had the unique opportunity of an
ongoing mentor relationship. That opened the door to a greater investment
of time and commitment for both of us, over and above the standard
mentorship requirement.
I have benefitted greatly by having my mentor work beside me in my
first months of operation and available to me by phone after that to discuss
scenarios and options. The additional support eased me into a full-time
practice and allowed me time to build the skills and abilities to operate on
my own. s
Carmen Wheatley is a BC Notary practising in Fort St. James and Vanderhoof.
Voice: 250 996-5060
[email protected]
Joyce Helweg is now a Roving Notary.
Volume 20 Number 1 Spring 2011
The Scrivener
31
FEATURE
Devika Mehta
Mentoring:
The Natural Desire
to Give Back
M
ost successful
businesspeople and
professionals had good
mentors in their early days.
A successful mentor demonstrates
and upholds the values and ethics
of the profession he or she represents.
I have learned that before long, you
will be associated with your mentor’s
reputation.
“The greatest good you can do for
another is not just to share your riches
but to reveal to him his own.”
A mentor’s hindsight can become
your foresight. The person being
mentored gains a brain to pick and
an ear to listen. Seventeen years
later, I still call Carolynne and ask for
her advice. She is a true friend and
a constant reminder of how important
it is to have a mentor.
I was one of the youngest
graduates of the BC Notary Class
of 1993. As I was contemplating
setting up my practice, my good sense
told me that perhaps I should work with
a senior BC Notary before I did that.
Talk about being at the right place
at the right time! I approached the
Notary office of Maguire & Samji, now
known as Maguire & Company. I laid
out my cards to Carolynne Maguire
to ask if she and her then-partner
Rashida Samji would consider taking
in a newbie for odd jobs around their
office. “I’ll be a fly on the wall,” I said.
Maguire & Samji was well
respected in Marpole and in the
BC Notary community. Carolynne
very graciously agreed to have me in
their office for 2 weeks during the
month of January when things were
slow. Their setup and professionalism
impressed me at once.
32
A mentor’s hindsight can
become your foresight.
The person being mentored
gains a brain to pick
and an ear to listen.
When experienced professionals
share their insight and knowledge
of both the company and the industry,
new members can be spared a great
deal of stress. A good mentor can
advise and support the new Notary.
Being mentored comes with
responsibility. The prime responsibility
is upholding the mentor’s affairs in
The Society of Notaries Public of British Columbia
utmost confidence, including client
and staff relationships.
Mentoring is a two-way street
that offers benefits to both parties.
The value of a good mentor is
immeasurable when it comes to
learning the tricks of the trade and
becoming connected to those inthe-know. BC Notaries recognize
the importance of networking and
maintaining relationships throughout
our professional career.
When you have a positive
mentoring experience, there arises
a natural desire to give back.
Mama always told me to give it the
way you like to get it. Once I was
settled in my own practice, I had
an opportunity to have new Notary
Pauline Jang in my office.
I continue to grow and benefit
from my connections with so many
of my fellow Notaries. I am proud to
be associated with them and extend
my sincere gratitude to those who
have unknowingly contributed to my
progress in this profession. s
Devika Mehta is a Partner
in D. Mehta & Associates.
Voice: 604 730-7865
[email protected]
www.mehtanotary.com
Volume 20 Number 1 Spring 2011
feature
Quang Duong
My Experience
at the
Tax Court of Canada
“
Mentoring is a brain to pick,
an ear to listen, and a push
in the right direction.”
John C. Crosby
It was the Summer of 2005. I was
in Ottawa starting my first real job in
law as a judicial law clerk at the Tax
Court of Canada. I was quite lucky;
only six other recent law grads at the
time were serving as law clerks at the
Court. From all across Canada, we
were united in our nation’s capital,
eager to start our legal careers with
a tremendous opportunity to work for
the judges of the Court.
The Court’s Website describes the
duties of a law clerk as follows:
• p
reparing legal opinion of fact and
law prior to the hearing of a case
as well as following the hearing
of a case;
• researching specific legal
questions; and
• reviewing, editing, and
commenting on draft reasons for
judgment.
Although the job description is
not overly exciting, a law clerk’s job is
quite interesting and highly desirable
for students recently out of law school.
Volume 20 Number 1 Spring 2011
Unlike other courts, the law clerks
at the Tax Court are not assigned to
work exclusively for any particular
judge. The judges try to spread the
work around so each law clerk has an
opportunity to work with and learn
from a few judges.
One of the most appealing
things about being a law
clerk is you get a rare
glimpse into the thought
process of a judge as he or
she deals with a case. That
aspect of the job has been
invaluable to me in my
litigation practice…
One of the most appealing
things about being a law clerk is you
get a rare glimpse into the thought
process of a judge as he or she deals
with a case. That aspect of the job
has been invaluable to me in my
litigation practice when I prepare
cases on behalf of clients. I was able
to witness firsthand and discuss with
the judges everything from the drafting
of pleadings and arguments to the
different styles of presenting a case in
court.
The Scrivener
My favourite part of the job,
however, was simply interacting with
the judges outside the confines of the
Court, whether it be over a drink after
work or over lunch or dinner. It was
at those times that the judges would
share some of their experiences,
including their trials and tribulations as
a legal professional.
I was fortunate to work for a few
judges who took an interest in me and
who have offered me subtle guidance
whenever needed, especially early on
in my career.
While I can’t say I recall or even
fully appreciated all the intricacies
of tax law the judges tried to impart
to me during my year in Ottawa, I will
always be grateful to them for giving
me that push in the right direction. s
Quang Duong is an Associate at the law
firm of Affleck Hira Burgoyne LLP. His
litigation practice includes real estate,
personal injury, and Wills and estates
matters.
Affleck Hira Burgoyne LLP
700 – 570 Granville Street
Vancouver, BC V6C 3P1
Voice: 604 800-8020
[email protected]
www.ahb-law.com
33
FEATURE
Vince Fairleigh
Community Mentoring:
A Carving Renaissance
among the Nisga’a in Gitwinksihlkw
I
n July 1995, I eagerly drove
1400 kilometres to the
homeland of my mother
Thelma Fairleigh to meet relatives
who live in the Nass Valley.
My mom left the Valley when she
was about 3. She is considered a lost
Nisga’a. She gave me a list of relatives
to visit. The protocol in this situation
would be for me to visit the main Chief
of my house, Charlie Swanson, then
the sub-Chief Chester Moore, and most
important, the Matriarch Grace Azak.
Somehow, I did just that by fluke.
When I first went to Charlie
Swanson’s house in Laxgalts’ap, he was
out. His wife was picking berries in their
front yard; she ignored me because she
thought I was a vacuum salesman.
Even though I was being
eaten alive by the large
northern mosquitoes,
I was ecstatic.
told me our family’s stories until we
were both nodding off; he loved my
enthusiasm to learn the culture.
The next day he sent me to visit
his brother Chester Moore, the subChief who lived in Gitwinksihlkw.
Chester was carving a Pts’aan—
totem pole—for the new bridge that
was opening October 16. He asked
if I would like to help carve the pole.
I eagerly accepted the offer to learn
After 15 minutes, I noticed her
and we introduced ourselves. Charlie
had just arrived and we had a good
laugh. We stayed up all night. Charlie
Bear Mask
34
Nisga’a Warrior Mask
The Society of Notaries Public of British Columbia
Adsabine, the fairytale that scared children
into behaving
Volume 20 Number 1 Spring 2011
and said I was going to stay at her
place with my cousins Sean and Todd
and Todd’s new family.
After meeting them for only a few
minutes, I felt I had known them
my whole life. I ended up staying
4 months. Between carvings, I logged
that Summer.
In the Fall of that year, I worked
as a substitute teacher, teaching
art and language for a short
time. We taught each other the
Nisga’a language. A person could
spend a lifetime learning their protocol
and culture. I attended many feasts
during those months.
From left: Ethel Wilson, mother of Vince’s
mother Thelma, with Ethel’s grandmother
Rebeca Wilson, circa 1947
how to carve. I started at the top
of the pole. If I made a mistake,
nobody would notice. The good carvers
work at the bottom.
Even though I was being eaten
alive by the large northern mosquitoes,
I was ecstatic. At the end of the first
day, around 9 pm—bitten, cut, and
tired—I did not want to stop working.
My tribal grandmother Grace Azak
had heard of my arrival and came over
to the carving shed to meet me. She
had been praying for years to meet my
three brothers and me. I was almost
in shock that she knew who I was.
She gave me a huge hug and, with
tears of joy, asked where I was staying.
I told her I had planned to stay in my
camper. She asked me to follow her
After meeting them for only
a few minutes, I felt I had
known them my whole life.
I ended up staying 4 months.
The big day was October 16; the
new bridge was going to open. Before
that, the only way to get across the
Nass River was to cross a suspension
bridge—built in the ‘50s—on foot. All
household furniture and appliances
were carried over the bridge.
The event was so big, 4 totem
poles were to be put up at the bridge
entrances—2 on each side. The
Eagle pole was carved by Norman
Tait’s brother Alver Tait; the Frog pole
was done by Chester Moore, Merlin
Robinson, Richie Morgan, Brad Tait,
and myself; the Killer Whale pole was
Bear Forehead Mask
Volume 20 Number 1 Spring 2011
carved by Murphy Stanley; and the Wolf
pole by Dennis Nyce. There was a big
opening ceremony with singing and that
night, a large feast with dancing.
Dennis Nyce was the first person
in Gitwinksihikw to dance a mask in
maybe a hundred years. Named “Happy
Hearted Man,” the mask belonged to his
family. I now own that mask.
After my 4-month stay, I headed
back to Vancouver to catch up on my
bills and soon met my mentor Norman
Tait and his wife/muse Lucinda Turner.
I ended up working under the two
of them for a year.
Norman once asked me how
much I wanted to get paid. I didn’t
need the money that bad at the time
and I told Norman, “Don’t give me
any fish. Just teach me how to catch
them.” He liked that. Norman and
his wife were very generous with
their time. I was delighted to be
learning so much. I also worked with
renowned multimedia artist David
Neel. We worked together for a few
years, completing many projects. In
2002, we did a pole for Vancity that
now proudly stands at the Lynn Creek
Branch in North Vancouver.
I invited my brother Brandon to
Norman’s house many times to work
on Norman’s art. Brandon and I also
spent many afternoons working on art
at my old studio in North Vancouver.
Brandon has huge potential. I also
mentored my cousin Shauna Atleo who
is Nuuchahnulth and Nisga’a. She has
sold masks to various galleries.
Wolf Forehead Mask
The Scrivener
35
Frog Bowl, made with alder wood
and operculum shells
M
y older brother Vince
has been a mentor for
me all through my life.
At Ambleside Beach, West Vancouver. From left: Chester’s daughter Delhia Nahanee,
his wife Mary, my tribal grandfather and now main Chief Chester Moore, me, and
my daughter Emma Fairleigh. This day, we participated in the Salmon ceremony,
a way to honour the salmon.
I am fortunate to have shared
a work space with some renowned
carvers such as Jordan Seaward,
Winadzi James, Peter Smith, and Ian
Reid. Our studio was a Mecca for
visiting artists such as Reg Davidson
and Russell Smith.
In the Summer of 2009, I was
the artist in residence at the UBC
Museum of Anthropology. VIPs such
as the Emperor and Empress of Japan,
the Prime Minister of Germany, the
President of Latvia, and many others
visited the Museum. I was working on
a large 38-inch moon mask that will
be cast in bronze and am currently
in talks with a philanthropist to have
I also mentored my
cousin Shauna Atleo who is
Nuuchahnulth and Nisga’a.
She has sold masks to
various galleries.
the mask donated to the Museum
of Anthropology.
I will be donating three castings
in a composite material to the Alpine
Club of Canada for the Spearhead huts
project in Whistler. When the castings
are finished this Summer, I will start
a large contemporary Northern canoe
project based on the Nisga’a law
of utilizing the latest in technology
and education. That will be a very
expensive and time-consuming project.
I am looking forward to it. s
Vince Fairleigh belongs to the Frog
Clan of the Nisga’a Nation. He received
his ancestral Nisga’a name W’iiyuu in
2002. He has completed and worked
on many projects. His work has been
showcased in 14 multi-artist art shows
at all the prestigious galleries in
Vancouver and Seattle.
Frog Prince Mask, owned by our family
36
From teaching me how to ride
a bike to keeping me safe when we
were younger, he was there for me.
The biggest thing my brother did for
me was get me into carving. I was 27
years old and recovering from being
hit by a car while riding my bike 3
years earlier. I was struggling with
a head injury and had a lot on my
mind. I needed direction.
Vince came to my house and
said, “You should start carving!” He
took me to a place that sold carving
tools. I was shocked at how expensive
they were. I bought a few basic
tools—a straight edge, two curved
blades, and a chisel. I apprenticed
with Vince on my first piece—a small
1 foot by 1 foot block of red cedar.
I took well to carving.
Vince has a high standard when
it comes to art. With every piece I do,
I have my brother in mind for how
the art piece is done. Perhaps it’s out
of balance or something is too high or
too low. Or it just doesn’t look good.
I admire Vince’s artistic abilities and
vast knowledge. He also knows a lot
about our culture and stories from
the past. He is a master in working
with his hands!
I look up to my brother in
many ways. He introduced me
to some of his friends who are
Nisga’a carvers. Merlin Robinson has
[email protected]
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
Brandon Fairleigh
Mentoring
in Art and in Life
an interesting style and is really good
at totem poles. Isaac Tait stayed at my
house when he came to town and we
carved together. Both those gentlemen
taught and encouraged me.
Another important mentor was
Norman Tait, the master carver
of Nisga’a art. I enjoyed learning from
Norman. He is a master at everything!
When I carve today, I try to remember
some of the things he said about
carving, such as taking a step back
from your piece to look at it and taking
your time.
I feel I have been guided
by people I admire,
my mentors.
My first pole-raising was on the
Nass for a pole done by Norman.
I could feel the culture sinking into
me. After working with Norman Tait,
I felt like I belonged as an artist.
When I went through my divorce,
I stopped carving for a while. I wasn’t
happy and I felt empty but I still had
ideals from way back when I was
a child. I didn’t want to be miserable.
At that low point in my life, Motocross
racer Ricky Carmichael became a mentor
for me. Racing is dangerous. Racers
must be as fit as Olympians; they are
serious dudes! Ricky was a Motocross
god—undefeated in 10 years.
My brother Vince says to copy
success. I wanted to copy some of what
Ricky had. He was focused and he stuck
to his decisions. He was known to be
the hardest worker in the sport. Ricky
says the way to success is to surround
yourself with good people.
I feel I have been guided by people
I admire, my mentors. They keep my
spirits up and help me by their example.
Recently, I saw a documentary on artist
Charles Edenshaw. I felt a connection
with Edenshaw in that we both stopped
carving for a while due to misery. For
numerous years, he stopped making any
art while he was struck with grief from
the death of his wife. Then he started
carving again with vigour.
I too have begun to carve again
and feel I am starting with a new set
of hands and eyes. Much time invested
in dreaming about carving things and not
actually carving seems to have helped
me. For some reason, I have more
confidence now and I have a better feel
for it.
Hawk Man Transformation (Naxnok
Spirit Mask) in alder, cedar bark,
operculum shells, and abalone
Eagle Mask of yellow cedar,
red cedar, cedar bark, abalone,
and acrylic paint
Many carvers and one motorcycle
racer have helped me as an artist and in
life. The whole reason I started carving
was to be with my sons. They are my
inspiration and true joy in life. God has
always been my mentor along the way and
maybe he works through others to help. s
Moon Mask in alder wood
Volume 20 Number 1 Spring 2011
[email protected]
The Scrivener
Grizzly Bear and her Cub
in alder wood
37
FEATURE
Jamie Reid
Joan Carlile:
Mentor to Developmentally
Disabled Athletes
E
very Saturday morning,
from September to March,
Joan Carlile can be found
at the Harry Jerome Recreational
Centre in North Vancouver,
where she accompanies her
daughter Corrie to participate in
the Special Olympics swimming
program.
Special Olympics is an
international organization founded
in the United States in 1968 to
serve the physical fitness needs
of developmentally disabled persons.
Although she retired from her position
as manager of the North Shore branch
of the Special Olympics swimming
program in 2009, Joan’s life over
the past 20 years has been closely
linked with its activities; she remains
deeply involved in programs related to
developmentally disabled athletes.
The athletics programs
organized by Special
Olympics have had
a profound effect on the
richness of their lives.
Early in the morning, the two
of us sit together on a bench watching
a scene of strenuous activity and joyful
racket as 30 swimmers fill the lanes
of the Harry Jerome pool under the
watchful eye of 8 volunteer coaches
and some of the caregivers, friends,
and relatives of the athletes. It is
a scene of happiness and delight; the
athletes are glad to be with each other
and they delight in the physical activity.
The swimmers work hard, and with real
concentration, enjoying themselves
tremendously, learning and practising
a wide variety of swimming strokes.
38
The Society of Notaries Public of British Columbia
Some of these athletes are
preparing themselves for participation
in local, provincial, national, and
international swim meets. Others
are simply having fun while learning
and exercising the skills they gain
as participants in the program. The
athletics programs organized by
Special Olympics have had a profound
effect on the richness of their lives.
“Besides swimming, Special
Olympics currently sponsors athletic
programs in bowling, snowshoeing,
skiing, basketball, floor hockey,
softball, soccer, and track and field.
One way or another, as coach or
volunteer, Joan Carlile has been active
in most of these programs.
Joan Carlile in person speaks
in a cheerful but quiet and amiable
voice, always ready to talk and provide
information about the programs she
has diligently served. There is nothing
in her slim stature or her demeanour
Joan Carlile, working as Master
of Ceremonies at the Special Olympics
North Shore Walkathon
Volume 20 Number 1 Spring 2011
to indicate her life as a talented and
devoted athlete, other than her obvious
wiriness, her quick intelligence, and
her air of quiet determination.
Athletics and physical fitness
have been a major passion for Joan
since her youth. While attending North
Surrey High School, 4 years running
Joan was named North Surrey athlete
of the year for her performance in
school and community athletics. She
took part in all the sports she could.
“Everything I could find,” she says,
“Basketball, volleyball, track and field,
floor hockey at school, and softball
and track in the community.” It was
quite natural therefore that Joan would
follow a career related to her passion
for athletics and physical fitness.
She began a 5-year Bachelor
of Education program at the University
of British Columbia, with majors in
Physical Education and History. Two
years into her program, she was forced
to withdraw when her father lost a leg to
complications following a heart attack.
Joan had to leave school to work and
help provide support for her family.
A UBC counsellor suggested
she might find work as a teacher
at her old alma mater in North
Surrey. With characteristic pluck
and resourcefulness, that is exactly
what she did. She was accepted for
the job because of her past athletic
achievements and her “mature
attitude.” “At the age of 20,” Joan
says,” I was teaching kids who were
only 1 or 2 years younger than myself.”
Something of her determined
spirit—as well as her empathy for
those who undergo any kind of social
difficulty—can be understood from
the fact that Joan persisted, financing
herself to finally complete her
undergrad degree at UBC in 1967.
Later, in the midst of raising a family
of four daughters and a teaching
career in the North Vancouver school
system, Joan persevered at the
University of Western Washington for
2 years, travelling twice weekly to
Bellingham and attending classes fulltime in the Summer. She completed
her Master’s degree in Education
Administration in 1978.
Volume 20 Number 1 Spring 2011
THE ORIGIN
Of THE
SPECIAL
OLYMPICS
Special Olympic athletes in their 5-pin
bowling program. The Special Olympics
bowlers take over the entire 16 lanes of the
North Shore Bowl facility on Thursday nights
every week from September to March.
She taught physical education
at Balmoral Junior Secondary School
from 1968 to 1970. She also was
a counsellor to the students and
coached extracurricular athletics.
Joan later became a Vice Principal
at Carson Graham Secondary School
from 1970 to 1977, and worked in the
administration of the North Vancouver
school system.
…disabled students were
just as willing to work
and “just as eager to learn”
as other students…
All this experience was valuable
preparation for her later role as a mentor
and teacher to disabled athletes. In fact,
her first encounters with developmentally
disabled students took place during her
years as a teacher where she sought ways
to teach the developmentally disabled.
She found her disabled students were
just as willing to work and “just as
eager to learn” as other students, but
required different methods. “You have
to break down what you are trying to
teach them into smaller parts,” Joan
says, “and work more slowly.”
Joan felt the achievements of her
disabled students required some
form of recognition in the school. She
worked to convince fellow teachers
that the developmentally disabled
students should be allowed to
participate more broadly in the normal
activities of the school, including
dances and graduation ceremonies.
The Scrivener
In the early 1960s, a group
of students at Beverley School,
an inner-city school in Toronto,
Ontario, became the test group
for Dr. Frank Hayden, a sport
scientist at the University
of Toronto. Dr. Hayden was
studying the effects of regular
exercise on the fitness levels
of children with an intellectual
disability.
Dr. Hayden’s research was
nothing short of groundbreaking.
It debunked the prevailing
mindset of the day, one that
claimed it was the disability
itself that prevented children
from fully participating in play
and recreation. Through rigorous
scientific method, Dr. Hayden
proved it was simply the lack
of opportunity to participate that
caused their fitness levels to
suffer.
Given the opportunity,
people with an intellectual
disability could become
physically fit and acquire the
necessary skills to participate
in sport. Sport could have
a transformative effect on the
lives of those with an intellectual
disability.
His research and his
proposal for a national sport
competition would catch the
attention of Eunice Kennedy
Shriver, serving as inspiration
for the inaugural competition
in 1968 in Chicago, Illinois, on
Soldier Field.
http://www.specialolympics.ca/
SOCF/
39
Developmental
Disability
According to Wikipedia, “Developmental
disability is a term used in the United
States and Canada to describe life-long
disabilities attributable to mental and/or
physical impairments...”
“The term is used most commonly
in the US and Canada to refer to
disabilities affecting daily functioning
in three or more of the following
areas: Capacity for independent living,
economic self-sufficiency, learning,
mobility, receptive and expressive
language, self-care, and self-direction.”
“Frequently, people with mental
retardation, cerebral palsy, autism
spectrum disorders, various genetic and
chromosomal disorders such as Down
syndrome and Fragile X syndrome, and
Fetal Alcohol Spectrum Disorders are
described as having developmental
disabilities or delays.”
http://en.wikipedia.org/wiki/
Developmental_disability
There was a time not long ago when
people with developmental disorders
were called “retarded,” or worse.
They were shunned, often abused,
and excluded from participation in
normal life and society, including all
opportunities for education and training.
More often than not, they were shunted
off to live in isolated institutions or
they remained with parents deprived
of resources who were required to
carry out the special kinds of care and
treatment their condition demanded.
Inevitably, the parents and relatives
of the developmentally disabled and
other concerned people began to join
together to try to change this situation.
New groups and organizations were
created to assist in building and
providing better support for their
developmentally disabled children.
As a result of this grassroots
initiative of parents and others in
the last 40 years, huge progress has
taken place in the creation of support
institutions, including Special Olympics
in Canada, to serve the needs of the
developmentally disabled.
40
“Those students worked as hard
as all the others,” Joan says. “Why
shouldn’t they be rewarded as the
others are, with participation in the
celebration of their accomplishment?
Interestingly, the people I had to
win over were not just the teachers,
but the parents, too. The parents
and families were afraid that if their
sons and daughters were included,
they would not fit in or they would
be ridiculed. Many, many phone calls
later, that myth was dispelled, and
I took great pleasure in seeing them
participate in all functions; they were
so happy to be with their classmates.”
The dark history
of Woodlands School is
a lesson in the way the
developmentally disabled
were treated by society in
the past, and how much
things have changed.
Joan takes a quiet but obvious
pride that her persistence eventually
won out. For the first time, disabled
students began to participate in school
celebrations—a ground-breaking
development.
For Joan, mentoring begins with
conscientious and attentive teaching
and training for accomplishment;
she also insists that accomplishment
needs to be rewarded with recognition.
Prize-giving ceremonies and banquets
of all kinds have become a necessary
part of all the programs in which
Joan has acted as coach and mentor
over the years. She and her many
co-volunteers and friends insist the
athletes be recognized and rewarded;
they organize persistently to create the
conditions and raise the funds to make
it possible.
Throughout her life as a school
teacher, Joan was also involved
in raising a family alongside her
husband Tom Carlile. Her life changed
dramatically in 1979 when their
fourth daughter Corrie was born with
a developmental disorder that remained
undiagnosed for the first years
The Society of Notaries Public of British Columbia
Leslie Leo, Special Olympics swimmer
and bowler, at the fundraising Walkathon
of Corrie’s life. After much discussion
with Tom, Joan decided to leave
teaching to care for Corrie on a fulltime basis.
It was not until years later that
Joan was able to obtain a full diagnosis
of Corrie’s disability. Joan describes
the moment when a doctor she had
been consulting for years, “bugging
him for a diagnosis,” finally threw
a piece of paper on his desk, informing
her that Corrie’s disability was a rare
condition called Prader-Willi Syndrome,
an uncommon genetic disorder. The
disability was first described by a team
of Swiss doctors in 1956, but very little
was known about it.
The doctor told Joan there was
no cure and no treatment for the
condition. He advised her she had
only one bleak choice: To continue to
provide care for Corrie at home until
she could “no longer stand it,” as
the doctor put it, and then to send
Corrie off to Woodlands School in New
Westminster.
The dark history of Woodlands
School is a lesson in the way the
developmentally disabled were treated
by society in the past, and how much
things have changed. The school was
finally closed in 1996 after years
of study produced startling allegations
that Woodlands was a frightening place
of mistreatment and outright abuse
of the disabled. In retrospect, Joan says
the doctor’s remarks seemed to her “...
more like a sentence than a diagnosis.”
Volume 20 Number 1 Spring 2011
Joan Carlile’s daughter Corrie carrying
the Paralympic torch in the 24-hour
relay for the 2010 Paralympic Games.
Corrie is a prize-winning athlete who
took part in the 2003 World Special
Olympic Summer Games in Ireland,
winning two gold medals in swimming.
She later earned a place at the 2005
World Special Olympic Winter Games
in Japan and won two silver medals in
snowshoe racing.
During the first few years
of Corrie’s life, Joan worked hard
to find opportunities to enhance
her daughter’s well-being, enrolling
Corrie in swimming programs in
which she often was the only disabled
participant. Finally, in 1990, when
Corrie was 11, a friend told Joan
about the Special Olympics swimming
program launched at the William
Griffin Recreation Centre in North
Vancouver. Joan enrolled Corrie in
the program, and inevitably became
involved herself.
Joan began to throw herself into
the activities of Special Olympics
as a volunteer and has never looked
back. Working closely with disabled
athletes and their parents amidst the
growing network of support agencies,
Joan’s accomplishments—entirely
as a volunteer—have been genuinely
momentous.
Everybody gets into the water
and works hard!
Volume 20 Number 1 Spring 2011
Her modest response to a question
about the extent of her volunteer
activities barely begins to account for
the full scope of her activities. “Wow,
there have been a few!” she says.
“I have been fundraising chair; head
coach for snowshoeing and dryland
training; track and field coach; 5-pin
bowling scorekeeper; organizer for 12
swim meets and banquets for our swim
program; a coach/manager for the
golf program; MC for the Walkathon;
chair of the Awards and Recognition
Committee; and a volunteer for
fundraising events, fashion shows, and
grants.”
For Joan Carlile, the full
concept of mentorship
clearly involves much more
than simply imparting
athletic skills to disabled
athletes.
That list of activities hardly
provides the full picture of her role
as mentor. For example, during the
first 3 years of acting as swimming
coach, Joan created her own system
of painstakingly recording swimming
times on file cards so the athletes could
follow their own progress. After 3 years
of increasing participation by more and
more athletes, another volunteer came
forward to develop a computerized
system to help with the task.
Apart from Joan’s central role
in building the swimming program,
one of her crowning achievements
has been as originator and founder
of the Special Olympics Walkathon
in North Vancouver. Last year, 80
developmentally disabled athletes
participated in the 8th annual
fundraising event, running or
marching between Ambleside Park
and Dundarave and back again along
the West Vancouver seawall; Joan
served as the main organizer in the
background and master of ceremonies
for the event itself.
Some of the main fundraisers
are the disabled athletes themselves;
they solicit subscriptions directly
The Scrivener
George Doykov, swimmer and bowler,
enjoying the Walkathon
from their friends and contacts in
the community. The 2010 Walkathon
raised $12,000 to help pay for
facilities, accommodations, and
equipment for developmentally
disabled athletes on the North Shore.
For Joan Carlile, the full concept
of mentorship clearly involves much
more than simply imparting athletic
skills to disabled athletes. Mentorship
extends to training new coaches
in the special skills they need. It
also involves helping and educating
parents of the disabled in the ways
and means of encouraging their sons
and daughters to strive for ever greater
achievements.
Most important, it involves
reaching out to the wider community
for assistance and support of every
kind. The activities have resulted
in a huge expansion of awareness
of the needs of the developmentally
disabled—especially more awareness
and acceptance of the disabled as
active members and participants in
the community.
Joan’s energy as a mentor and
an organizer has been driven by her
personal desire to make a contribution
to the community, the response she
receives from the eagerness of the
participating athletes themselves, and
the growing positive response from the
community at large.
“When I started working with the
swimming program,” Joan says, “we
had one head coach and a few helpers.
Now we have a head coach who
represented Canada in Water Polo, and
9 other volunteers who are very capable
of teaching, leading, and interacting
with our athletes. What a change!”
41
“Volunteering gives me the
opportunity to give back to my
community,” Joan says, “I am able
to use my coaching, teaching, and
organizational skills to work with an
incredible group of athletes who give
their best every time they compete.
But in truth, I believe the athletes have
taught me much more than I have
taught them. I enjoy working with the
other coaches and parents. I have
formed many lasting friendships.”
including volunteer work and actual
paying jobs in the community for the
developmentally disabled.
None of this would be possible
without the foundation of the physical
fitness and community integration
that the Special Olympics uniquely
provides, with the likes of Joan Carlile,
mentor extraordinaire, leading the way.
Some Useful Internet Links
A sense of pride and accomplishment:
Colleen Sound, Special Olympics swimmer
and bowler, at the Walkathon
Those friendships are based on
the common desire of parents and
volunteer coaches alike to work for the
enhancement of the life experience
of the people they serve, to break
down social barriers and open the way
to wider participation in society for the
developmentally disabled.
bring them together in a community
of their own where they provide mutual
support and empowerment to each
other. They become collectively more
visible in the society, and thereby
more empowered within the wider
community.
They stem from a belief that
the entire society becomes better
for the fact that those previously
left out of social activity and life are
now increasingly included as a result
of their collective activity. In addition
to providing pride and encouragement
to individuals, athletic programs
The current activity of the network
of social agencies in North Vancouver
dedicated to the service of the
developmentally disabled continues to
grow in numbers and strength, opening
up new avenues of participation,
http://www.specialolympics.ca/
http://www.sobcnorthshore.ca/
http://nsconnexions.org/ s
Jamie Reid is a published poet and
author, editor/publisher/researcher,
and long-time member of the Vancouver
poetry community. He and his partner
Carol are caregivers for two Down
Syndrome women, Leslie Leo and Colleen
Sound, who provide them with rich
firsthand experience in the tremendous
value of the Special Olympics and other
programs in North Vancouver for the
developmentally disabled.
Voice: 604 988-2417
[email protected]
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Volume 20 Number 1 Spring 2011
FEATURE
Trevor Todd
Trevor Todd
Candace Cho, mentee, and myself, mentor, enjoying our weekly dim sum.
Candace orders in Cantonese. So far I have not tried the chicken feet.
Mentorship:
A Beacon of Hope in the Practice of Law
D
id you know that of all women called to
the bar in 2003, only 66 percent retained
practising status in 2008 in comparison
with 80 percent of men called in the same year?1
In 1998, 77 percent of BC’s legal profession was
under the age of 50 but by 2008, only 55 percent of the
profession was under the age of 50.2 If those trends
continue, the legal profession can expect to lose many
lawyers to retirement without a corresponding increase in
the number of younger lawyers.
Did you know the trend in BC is that the number
of lawyers in the older age ranges (50 to 65) has
increased significantly whereas the number of lawyers in
the younger age range (25 to 40) has remained the same
or has declined?
The reasons cited for these lawyers leaving the
practice of law are the usual suspects: Too much work, lack
of mentorship, inflexibility of work schedules, and generally
very little time for family, friends, leisure, or a life outside work.
1The Business Case for Retaining and Advancing Women Lawyers in
Private Practice, A Report by the Retention of Women in Law Task
Force, The Law Society of British Columbia, July 2009, Website:
http://www.lawsociety.bc.ca/publications_forms/report-committees/
docs/Retaining-women-business-case.pdf, p. 4.
44
The hypothesis examined in this article is that the above
statistics can be changed with a revival of the mentorship
concept, and with a lot of creativity and determination. In
her story, Candace Cho shows how the disastrous statistic
can be circumvented.
2 Ibid.
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
The Mentor Perspective
Early in my career, I had the great
benefit of a wonderful mentor, Dennis
Milne. Dennis was an excellent counsel
with a wealth of experience. His
guidance forever forged my legal career.
Even today, when in doubt,
I inevitably ask, “what would Dennis
have done?” and the solution magically
appears. Dennis’s support and advice
gave me much-needed confidence,
especially when I was a novice.
It continues to support me today.
Because mentoring relationships
in the practice of law have generally
fallen by the wayside, we are all losing
out. Unquestionably, the benefits
of mentoring are reciprocal! When I shared my views with
Candace over lunch, we reached
a mentoring agreement in no time.
Each relationship will be unique
but Candace and I discuss every topic
under the sun and most days we
share several emails. Our exchange
of marketing ideas has been especially
stimulating. When Candace faces
challenges in dealing with opposing
counsel, I help with effective strategies
for stick-handling such files.
From a mentor’s perspective, it
is flattering to think someone else
believes our opinion is important.
The enthusiasm of a young lawyer is
contagious and re-invigorating. The
fresh ideas and perspectives Candace
brings help rejuvenate me.
It is especially rewarding to believe
that in some way I help ensure this
bright young lawyer will remain and
thrive in our profession, rather than
give up in frustration and stress. s
Trevor Todd restricts his practice
to Wills, estates, and estate litigation.
He has practised law for 34 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.
Volume 20 Number 1 Spring 2011
The Mentee Perspective by Candace Cho
In August 2009 I was called to the Bar,
but found myself unemployed along
with about half my graduating class due
to the worldwide financial crisis.
At first, I did what everyone else
did—apply desperately to any job
posting that came up. After a while
though, I thought about the depressing
statistics described above and realized
that even if I found work as an associate,
the odds were I was going to leave the
practice of law in a few years anyway,
out of sheer frustration.
What was the alternative? The only
apparent answer to me was to rebel
against tradition and carve my own way
to professional fulfillment.
Equipped with my undergraduate
background in marketing and my
entrepreneurial spirit, I decided to
take the plunge to start my own law
firm—all on my own terms. I decided
my competencies and interest were in
estate litigation; I would build a boutique
practice in that area of law.
I had the fortune to meet my
current mentor Trevor Todd during my
articling year while working on a complex
estate litigation; Trevor was acting as
opposing counsel. When I made the
decision to start my own practice in
estate litigation, it seemed a good
idea to get better acquainted with him
to determine if a business association
could be negotiated; he was clearly an
experienced lawyer in the field.
To my pleasant surprise, he was
keen and eager to meet with me, and he
began referring work to me immediately
after our first business lunch.
Trevor had, in fact, rejected the
traditional firm model years ago, and
had developed an alternative business
model based on referral associations
with independent lawyers he trusted
and respected. He told me he had been
looking for a junior lawyer for some
time to whom to refer work, but had
had difficulty finding someone to form
an association.
We hit it off right away at our lunch;
the seeds of our mentorship relationship
were already forming as we exchanged
our different, yet complementary ideas
about marketing, the practice of law,
politics, and various social issues.
The Scrivener
As Trevor started referring more and
more files to me, I was quickly becoming
overwhelmed with the sense that I was
getting in way over my head. While
I derived immense satisfaction from
the freedom and creativity of managing
my own files, and having direct client
contact, something was not quite
right. I was a young and inexperienced
lawyer pretending to my clients that
I had all the answers, when in reality
I was insecure about my abilities and
decisions. In short, I needed a mentor.
At that point, I proposed to Trevor
that I pay him a mentorship fee in
addition to the referral fee I was paying
him for files he was referring to me.
This novel proposal was accepted by
him, which allowed us to forge a unique
mentorship relationship. Trevor and
I meet for a dim sum lunch once
a week to discuss litigation strategy,
client management, politics, and any
other topic that interests us on that
particular day.
The net effect of this relationship
is that I have all the benefits of having
a boss, but none of the drawbacks.
I get wisdom and knowledge from an
experienced lawyer to help me manage
my practice, but I have the freedom to
determine my own hours, run my own
business, and have the final say on how
to conduct my files.
Conversely, Trevor has all the
benefits of having an associate, with
none of the drawbacks. He receives
monetary compensation for his
mentorship and source of referral work,
but does not have the risks of having to
pay a set salary or overhead expenses
associated with hiring an associate. It
is a beautifully symbiotic relationship
because it is mutually beneficial and
satisfactory to both parties.
I just celebrated my first anniversary
of launching my own business, Onyx Law
Office, and I could not be happier. I have
a burgeoning practice with meaningful
work, manageable clients, great
mentorship, and enough flexibility and
profit to afford to take vacations, spend
time with loved ones, and serve the
community. What’s more, I can honestly
say I look forward to going to work, and
am passionate about what I do. s
45
FEATURE
Chuck Salmon
The Many Layers
of Mentoring
T
he mentoring program
of the Association
of BC Land Surveyors has
been in place since 1905.
The mentoring of students is
conducted through a master/student
relationship termed “Articles,”
a shortened form for Articles
of Agreement. Through this period, the
student works for the master who in
turn agrees to train the student in all
aspects of land surveying—both field
and office work.
Obviously, the field work is the most
complex—in particular the identification
of old evidence and determining the
authenticity of the evidence.
Evidence varies throughout the
province. Land surveyors in undeveloped
areas are often searching for
• old blazes on trees;
• pieces of rotting wood;
• circles of stones that may or may
not be covered by moss; and
• evidence of bearing trees, either
as marks on a tree or stumps
Kerry Lawson (Master/Mentor),
Evan Hsiao (new BCLS),
and ABCLS President Richard Wey
46
of trees that align with the
information provided in the field
notes.
A mentoring relationship is
significantly different than an
employer/employee relationship.
Although the student is an employee,
the land surveyor must consider that
first and foremost, he or she is training
the student to have a sound knowledge
of everything related to surveying. The
student will one day be entering the
profession as a land surveyor.
It’s one thing to learn statutes
and regulations and the fundamental
calculation techniques, but it’s far
more important to know the Art
of Surveying—and all those practical
items not taught in university but
learned through the mentoring phase.
The mentor is responsible for
ensuring the cadastral fabric of the
province is maintained for the
protection of the public interest; the
surveyor’s role in preparing the student
ensures the student fully understands
that responsibility.
The land surveyor should take
two other important aspects into
consideration when mentoring the
student.
• The land surveyor may be
grooming the new surveyor to
be a partner in the firm, to be
considered in the succession
planning for the company. Selling
a practice is extremely difficult;
training a replacement may be
the best solution. By training the
student well, the land surveyor is
investing for the future.
Chuck Salmon, Rebecca Broten (new
BCLS), Steve Howard (Master/Mentor to
both ladies), and Gina Hidber (new BCLS)
Gary Sundvick (Master/Mentor), Jesse
Morin (new BCLS), and ABCLS Vice
President Peter Mueller
That all takes a considerable amount
of patience during the training process.
The office work portion of the
training requires
• understanding of evidence;
• interpretation of field notes;
• the relationship of evidence
found; and
• determining the best fit for
a given solution.
That requires a thorough
awareness of boundary
re‑establishment techniques. There
is more, but it’s not the focus of this
article. What is really important is how
the land surveyor and the student work
together in a mentoring relationship.
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
• T
he new land surveyor may open
a practice in the same vicinity.
By training the student well, the
land surveyor can be assured
of a better working relationship
with the competitor.
Another aspect of mentoring is
scope of practice. The range of some
professional practices is limited. For
students to have a full understanding
of all aspects of land surveying, they
should work with land surveyors
in various types of practice. The
Association will be putting a program
in place this year to make scope
of practice part of the students’
training program; a mentor will be
assigned to work with both the master
and the student, to ensure the student
receives a strong grounding in all
aspects of land surveying.
Mentoring goes beyond the student.
In situations where a land surveyor
has run into a discipline issue, the
Association requires that a mentor work
with the surveyor to help guide him
or her back to the path of appropriate
practice. That form of mentoring will
help the surveyor better understand the
issue in question. Re-training sometimes
works better than discipline.
Another form of mentoring is
conducted by the Practice Advisory
Department. Through a program where
each member receives a practice and
plan review, land surveyors are guided
in the way they conduct themselves in
their craft.
Education does not in itself
prepare a person to become
a professional. Working in the
professional field while undertaking
their education guides students and
trains them in life experience that goes
well beyond the formal education they
receive in schools and universities.
A well-run mentoring system will
help create a better professional who
in turn will ensure the viability of the
profession. s
Important milestone
for the land surveying profession The Future
of Surveying
Recently Commissioned
BC Land Surveyors
Greg Calvert
Evan Hsiao
Volume 20 Number 1 Spring 2011
Flathead Mountain
Named in Honour
of Legendary Surveyor
Peter Haas
VICTORIA: To commemorate the legacy
of Gerald Smedley Andrews, British
Columbia’s longest-serving Surveyor
General, the Province is naming
a mountain in the Flathead region
Mount Gerry Andrews.
Lorin Levac
...[Gerry was] a legendary and
iconic figure in our field [whose]
leadership and mentorship have
helped create one of the most
talented groups of land surveyors
in the world. We’re so pleased the
Province is honouring his legacy
by naming one of his beloved
mountains after him.
Mike Thomson,
Surveyor General of the Land Title
and Survey Authority of BC
Andrew McFarlane
Jesse Morin
Ken Ng
Rory O’Connell
Chuck Salmon, BCLS, is the Secretary
Registrar of the Association of BC Land
Surveyors. He has been a BC Land
Surveyor for 33 years and was the Surveyor
General of BC until his retirement in 2002.
[email protected] x
Gerry Andrews initiated the use of air
photography in 1931 and supervised
air surveys for the province in
Nimkish Forest, Kitimat, Okanagan, the
Kootenays, and the Rocky Mt. Trench.
A Lieutenant Colonel in the Canadian
Army in World War II, he developed
improved air cameras and undertook
depth soundings of Normandy beaches
by wave velocities determined from
air photos. A Member of the Order
of the British Empire, Gerry was also
a historian and an author.
Mount Gerry Andrews
Most prominent peak in the Trachyte
Mountain Range in Flathead region,
east of Howell Creek in the Kootenay
Land District
Latitude
49° 11' 32.6"N
Longitude 114° 33' 33.5"W
Elevation 2205 metres, approximately
Scott Rhodes
Mike Yastremski
The Scrivener
http://www.mediaroom.gov.bc.ca/
DisplayEventDetails.aspx?eventId=518
47
FEATURE
John Crawford
To Mentor
or Meander?
T
he Concise Oxford
English Dictionary
defines a mentor as
“an experienced person in
an organization or institution
who trains and advises new
employees or students.”
To most of us who have been
mentors or have been mentored,
that is a rather sterile description
of a complex role and process. We
tend to see the mentoring process,
in modern life, as a much more
expansive phenomenon. It seems
to encompass the lifespan from
childhood to retirement.
48
of the student following the doctor
around, observing, asking questions,
and receiving instructions.
Those elements of mentoring are
going on in our daily lives, monthby-month, year-by-year. And most
of us, when the question is put, can
remember at least one mentor who
“made a real difference” in our lives
. . . someone who was able to set us
on the right track career-wise with
a helping hand or was able to give us
a different perspective on life.
And most of us, when
the question is put, can
remember at least one
mentor who “made a real
difference” in our lives…
For example, we are mentored
by our uncles, aunts, cousins, and
grandparents in the family setting.
When we go to school, the process
is continued by teachers, coaches,
counsellors, and older students.
In the workplace, we are guided
by supervisors, master craftsmen,
and fellow workers. We call it
apprenticeship.
Frequently, the mentor is not
aware of having been that differencemaker. But, the mentee never
forgets that mentor. That is worth
remembering when we sometimes
become impatient with those we are
mentoring.
Professionals, whether they are
aware of it or not, are particularly
dependent upon, and susceptible
to, mentoring. Not too long ago, for
instance, medical training consisted
If we accept the premise that
mentoring is important and useful,
it might be worth considering
the broader “social value” of this
sometimes indecipherable mix
The Society of Notaries Public of British Columbia
of training, coaching, advising, guiding,
apprenticeship, fostering, empowering,
encouraging, and befriending.
That is where we see the essence
of mentoring far beyond the limited,
dictionary version.
Social psychologists would call it
“socialization,” the complex process
of human interactions that help us
understand what it means to be
a Notary, a lawyer, a land surveyor,
a real estate professional, a plumber,
a waiter, an accountant . . . and so on.
And so mentoring becomes part
of the process that helps us learn who
we are in the scheme of things, how to
behave, and what is expected of us. It
helps us identify our role. Increasingly,
this role identification has become
important in society. It is central to
everything from family dynamics to
corporate culture.
It is significant that mentoring also
helps to transmit the mission, values,
and ethics of an organization to new
members of the group.
Sociologists argue that good
socialization processes, such as
mentoring, help produce a more
harmonious, balanced society through
“the diffusion of knowledge.” Some
futurologists caution that education,
for example, could become an insular
Volume 20 Number 1 Spring 2011
and isolating process, if it becomes
pervasively dependent on technology.
They warn that the seductive
abilities of the Internet to provide
immediate, unlimited information
on everything should not deflect us
from the pursuit of two of the most
essential ingredients necessary for our
progress and development as human
beings—experience and wisdom,
qualities found largely in the human
interactions discussed in this article
under the umbrella of mentoring.
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Phone: 604 687-7432
Fax:
604 687-3478
[email protected]
Specializing
in Trademarks
since 1983
Volume 20 Number 1 Spring 2011
As the Age Wave of retiring
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With 1000 Canadians reaching 60
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Companies are introducing
strategies to ease this transition by
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to stay on the job longer; Flex-hours,
job-sharing, and consulting positions
are important elements of such
corporate plans.
The most important role for
the newly retired or soon-to-beretired professional may well be
that of mentoring. The transfer
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What if these potential mentors
decline to take on the task? They may
simply shrug and meander off into the
sunset of retirement.
And some will. But given the
choice “to mentor or meander,” many
will mentor. s
A retired professor of Gerontology,
John Crawford, PhD, CPCA, is the
Vice President of Education for AgeFriendly Business™ and Editor-in-Chief
of their forthcoming textbook, Dynamics
of Aging, A Textbook for Professionals
Serving A Maturing Population. John
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The Scrivener
Founder,
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MBA, CPCA
www.CPCAcanada.com
1-877-272-8086
49
FEATURE
Austin Nairn
The Benefits
of Mentorship
Successful people don’t just
naturally have all the tools in place
to achieve their goals by themselves.
They have a strong support network
including senior, junior, and peer
mentors. In today’s complex and
innovative workforce, creativity is
critical to succeed and that means
learning from those around you, above
you, and below you.
We have seen mentors
become close friends with
their mentee and go on
to attend their student’s
graduation and even
family dinners.
We have seen mentors and
mentees become colleagues while
developing international business
initiatives. We have seen mentors
become close friends with their
mentee and go on to attend their
student’s graduation and even family
Photo by Dave Roels
At The Vancouver Board of Trade,
we have been running a mentorship
program called the Leaders
of Tomorrow (LOT) for 12 years; over
1500 mentees/students and 700
mentors have participated to date. We
have learned a great deal in that period
and have had countless success stories
with tremendously diverse outcomes.
LOT students and mentors chat at a 2011 Networking Night.
50
dinners. Last year, one student used
his mentor as a reference while
applying for a job. When the Human
Resources manager called the
reference, she quickly discovered she
had previously been a colleague of the
mentor. The student got the job!
Despite highly varied outcomes,
the key factors consistent in the most
successful mentor/mentee relationships
are honesty, commitment, and action.
Both parties are honest in their
communication, committed to the
relationship, and willing to take action
to further their progress.
We all know when someone has
a hidden agenda; there is simply no
place for that in a mutually beneficial
mentor/mentee relationship. While
many great outcomes can result
from this relationship, they must
begin from a place of honesty and
Photo by Dave Roels
I
f you talk to most
accomplished professionals,
you will find one common
contributing factor to their
success. They didn’t do it alone.
Mentor Jack Wong and mentee Zack Staples connect
at the Annual LOT Orientation Evening.
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
trust. We encourage all LOT program
participants to be open from the
beginning by developing goals, setting
timelines, discussing communication,
and addressing desired outcomes at
first opportunity.
Much as when networking, if you
simply take a genuine approach to
helping those you meet, it will be more
enjoyable, less stressful, and more
conducive to developing long-term
relationships.
Commitment is a key pillar to any
important relationship. It is particularly
relevant when looking at the relationship
of a mentor and mentee. We ensure all
our students remain acutely aware of the
time their mentor is willing to commit
to them. Having an agenda prepared
prior to meetings helps both parties plan
ahead and ensures the most important
topics are covered.
If meeting for the first time, we
encourage mentees to review their
mentor’s LinkedIn Profile or Corporate
Biography; that will help them ask
informed questions and uncover
particular areas of expertise.
Without action, most mentor/
mentee relationships will soon fall
flat. Mentors are often willing to share
their experiences, suggestions, and
contacts, but unless their mentee
utilizes these resources, they may feel
their time is being underutilized.
If both parties are honest and
committed to this relationship,
they will ensure all action items are
addressed and completed between
meetings. By attaching timelines to
each action, mentors and mentees can
hold each other accountable.
Five years ago, we established
a graduate program to LOT, supporting
those in the early stages of their
career, called the Company of Young
Professionals (CYP). While it does
not include a formal mentorship
component, we have had great success
with a peer mentorship approach
where young professionals representing
various industries meet regularly to
share advice and insights with others.
Peer mentoring is becoming
more common in the workplace, in
schools, and in athletics because
of its mutually beneficial nature. Many
Volume 20 Number 1 Spring 2011
involved in the CYP program now
identify this as their most enjoyable
and beneficial program involvement.
Mentorship can take many
different forms and is defined various
ways but experience and trust remain
the common thread.
Reverse mentoring is a growing
trend where senior level people request
the guidance of junior staff members.
We see this regularly in our LOT
program; the mentor share his decades
of work experience with the mentee,
who in turn educates the mentor on the
latest social-networking platform.
A classic reverse mentoring
story involves a local billionaire
businessman who generously agreed
to meet and answer some questions
of a young female student on the
verge of graduating from university.
After asking questions for 30 minutes
about the keys to running a successful
company, she thanked him for his
time and prepared to leave. He said,
“You’re welcome, but now it’s my turn
to ask some questions.”
An ongoing concern in his
workforce at the time was engaging
young females. The businessman
inquired about what his company
could do differently to better meet the
needs of those employees.
Regardless of your career stage,
mentorship can be a fantastic way to
learn, socialize, and give back to your
local community. If you are seeking
professional mentorship opportunities,
your local Board of Trade, Chamber
of Commerce, or Industry Association
could be a great place to start. If
community mentorship opportunities
are of interest to you, organizations
like Big Brothers, the YWCA, and the
YMCA are always in need of more
volunteers. s
Austin Nairn, BComm, manages The
Vancouver Board of Trade’s Leaders
of Tomorrow (LOT) Mentorship
Program and the Company of Young
Professionals (CYP).
Voice: 604 640-5481
Fax: 604 681-0437
[email protected]
The Scrivener
51
FEATURE
Superb Trio of Mentoring Programs
from YWCA Vancouver
W
e all need a little
guidance sometimes,
whether we’re
contemplating employment
options as teenagers, looking
for a career change, or returning
to the workforce after a long
absence.
A mentor can play a key role in
a woman’s life—offering her support,
learning opportunities, advice, 1-to-1
attention, and tips about the job
market.
YWCA Vancouver has 20 years
of experience in providing valuable
mentorship opportunities to women
across Metro Vancouver.
• T
he High School Mentorship
Program helps female students
explore future career paths.
• C
onnect to Success links women
with mentors in professional
occupations.
• T
he Aboriginal Mentorship Program
offers young Aboriginal girls the
inspiration to finish high school.
No matter their stage in life, the
women participating in these programs
emerge confident, well-informed,
focused, and excited about the future.
52
Connect to Success Brings Hope
to an Unemployed Mom
When Arezou Azampanah’s youngest
child entered first grade, she knew it
was time for a change; she decided
to re-enter the workforce. A stayat-home mom for 10 years, Arezou
quickly realized that returning to the
field of medical research would not
be easy, especially for a newcomer to
Vancouver.
of employment services offered by
YWCA Career Services and worked
with a case manager to get her job
search on track. She was introduced
to Connect to Success, the YWCA’s
mentorship program for women
entering or re-entering professional or
skilled careers.
“The gap of 10 years
out of the field wasn’t very
appealing to employers
when I applied
for posted jobs.”
Arezou was raised in the
Netherlands, has a Master’s degree
in medical biology, and 3 years
of experience as a research technician
at the University of Toronto. Despite
her qualifications, finding work proved
difficult.
“Networking was a big problem.
Being new in Vancouver, I had no
contacts that could help me make the
right connections,” she says. “The gap
of 10 years out of the field wasn’t very
appealing to employers when I applied
for posted jobs.”
Arezou began to question her
career future. She took advantage
The Society of Notaries Public of British Columbia
YWCA Connect to Success:
For Arezou, shown here with her two
children, participating in the YWCA’s
Connect to Success mentorship program
was a life-changing experience.
Volume 20 Number 1 Spring 2011
Arezou had tried trying several
employment-related programs without
success, so she was skeptical. “I had
no real expectations,” she recalls, “but
I was willing to try everything to get
back into the work field. I didn’t give
up; I tried again.”
Her life took a pivotal turn
when she was matched with Dr. Zoë
Hodgson, Director of Research at
Women’s Health Research Institute,
Provincial Health Services Authority.
Dr. Hodgson was supportive in
generating leads for employment and
volunteer work.
“She was the friendliest person
and was very helpful,” says Arezou.
“She first suggested I do some
volunteer work, just to get back into
the atmosphere.”
After 2 days of Arezou’s
volunteering, Dr. Hodgson arranged
a job interview with her research group.
Arezou got the job and has since
been working as a part-time research
assistant: “Now, my office is two doors
away from my mentor’s office.”
Arezou is delighted to be working
in her field and grateful to her mentor
and to Connect to Success for
providing a valued service. In the next
5 years, she hopes to transition to fulltime work, find new challenges in the
field of medical research, and maybe
even be a mentor herself.
visiting Granville Island, touring UBC,
or just meeting for coffee.
“This was an opportunity to learn
more about my profession of interest
and get to meet a real person doing
the job,” says Iris. “In this program,
besides having a mentor, you can
really have a friend.”
For keen young high school
girls trying to find their way,
YWCA Vancouver’s High School
Mentorship Program offers the skills,
guidance, and support to help them
investigate future career paths.
When Marlena Anderson
heard the YWCA’s Aboriginal
Mentorship Program needed
volunteers, she instantly knew
she had to get involved.
Since 1991, this program has
provided over 1000 young women with
mentors. The program matches more
than 100 Grade 11 and 12 female
students each year with professional
women in a 1-to-1 mentoring
relationship. Mentors and mentees
meet once a month for 6 months
during the school year and participate
in activities together such as job
shadowing, working out, and visiting
colleges or universities.
Connect to Success changes
not only the lives of mentees, it
impacts the mentors. “It has made
me reflect on where I am today and
where I want to be in a few years,”
says Dr. Hodgson. “I have learned
there are an awful lot of exceptionally
qualified people who have just
had bad luck in applying for jobs.
A little bit of mentorship is all they
need for people to recognize their
accomplishments.”
“It’s a wonderful experience for
mentees,” says Janice Lee, manager
of the program. “They expand their
horizons and they also find the
confidence to move forward.”
Teen Mentorship Program Brings
Career Insight . . . and Friendship
The program’s flexibility was the
perfect fit for Iris. After emigrating
from China in 2005, she juggled a full
course load and a part-time job while
raising her young daughter Cherry.
Iris, a former Sir Charles Tupper
Secondary School student, “met her
match” in the Fall of 2007 through
the High School Mentorship Program.
She was paired with accountant
Vinyse; the two women met every
month throughout the school year,
Volume 20 Number 1 Spring 2011
The program benefits mentors,
as well: “The most common thing
they say is, ‘Wow, I wish I had had
a mentor in high school’,” says Lee.
“Or, they have had mentors in their life
and know how important is, and they
want to give back.”
Iris knew she wanted to pursue
accounting so when she heard about
the mentorship program from one
of her teachers, she was eager to
The Scrivener
YWCA High School Mentorship: Student
Iris (left) with her mentor Vinyse
learn how to navigate the Canadian
education system to become an
accountant.
Vinyse guided Iris by explaining
the courses she would need and the
necessary steps to take in pursuing
accounting. Thanks to Vinyse,
Iris developed the assurance that
her career path was going to be
a meaningful and satisfying one.
Aboriginal Women in Mentorship
Program Guide the Next Generation
When Marlena Anderson heard
the YWCA’s Aboriginal Mentorship
Program needed volunteers, she
instantly knew she had to get
involved. Growing up in a rural town,
Marlena was fortunate to have had
several female role models—including
her older sister. She simply wanted to
return the favour.
“I just wanted to reach out and
be a big sister to an Aboriginal girl,”
Marlena says. “Being able to help
other Aboriginal girls is so rewarding.”
The idea for the Aboriginal
Mentorship Program was developed
several years ago when the
YWCA noticed that Aboriginal girls
were not applying for the existing High
School Mentorship Program.
A quick look at the statistics
explained why: Many Aboriginal girls
don’t make it through high school in
53
“It was nice to have a 1-on-1
with my mentee. It was good
to see her open up. I’ve
finished school; I’ve travelled
overseas. I think that gave
her hope and inspired her
to finish her education.”
YWCA Aboriginal Mentorship:
Marlena enjoyed spending time
with her young Aboriginal mentee.
54
young Aboriginal girls through 1-to-1
mentoring relationships with positive
role models.
the first place. With a graduation rate
of only 46 percent—compared to the
non-Aboriginal rate of 83 percent,
most Aboriginal youth drop out in the
transition from elementary to high
school.
The program matches girls
from ages 13 to 15 with female
Aboriginal mentors. Mentees and
mentors commit to meeting at least
once a month; they go for coffee or
walks or to cultural events, plus they
participate in group workshops that
focus on issues relevant to young
Aboriginal girls.
So the YWCA decided to do
something about it, creating the
Aboriginal Mentorship Program that
encourages healthy lifestyle choices in
Marlena, a young Aboriginal
woman, understands what today’s
Aboriginal teens are facing. She says
many suffer from low self-esteem,
The Society of Notaries Public of British Columbia
have to deal with peer pressure to
do drugs and alcohol, and have no
positive role models, which makes this
program all the more important.
“They haven’t seen anyone have
success, so they don’t think they can
achieve it themselves,” she says. “It was
nice to have a 1-on-1 with my mentee.
It was good to see her open up. I’ve
finished school; I’ve travelled overseas.
I think that gave her hope and inspired
her to finish her education.” s
For more information about
YWCA mentorship programs . . .
Connect to Success:
Voice: 604 895-5857
[email protected]
High School Mentorship: Voice: 604 895-5846
[email protected]
Aboriginal Mentorship: Voice: 604 895-5798
[email protected]
www.ywcavan.org
Volume 20 Number 1 Spring 2011
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Volume 20 Number 1 Spring 2011
The Scrivener
55
FEATURE
Heather Johnstone
Emily Jubenvill
How Does Your Garden Grow?
Mentoring in the Garden
T
he skills of growing
local food, canning and
preserving, and saving
seeds at home were once
as much a part of everyday life
as eating breakfast.
For most of us, those things don’t
often cross our minds today.
Interest in regaining those
disappearing skills is growing, and
the appetite for information around
local food production is increasing
dramatically every year. The challenge
lies in the fact that new gardeners
don’t know where to begin. Digging
into your first garden project can be
an intimidating proposition.
We are establishing
a garden mentorship
program called Deep Roots…
Traditionally, the Edible Garden
Project has offered an extensive
workshop series and hands-on
sessions to help new gardeners begin
growing food in their community.
We are developing new ways to nurture
and encourage the sharing of the
necessary knowledge.
The EGP maintains 7 gardens in donated
public and private space. Here potatoes are
growing with the help of our
dedicated volunteers.
56
We are establishing a garden
mentorship program called Deep Roots
by assembling a team of volunteers
who go into the community and the
backyards of people wishing to start
vegetable gardens. The mentors are
able to support new gardeners through
the initial—and daunting!—planning
and planting phase.
The Society of Notaries Public of British Columbia
From left: EGP Volunteers Margaret,
Wendy, and Suzan prepare newly harvested
garlic for donation.
By participating in this program,
new gardeners are able to benefit from
the expertise of more experienced
folk. The mentors benefit from training
around garden planning and design
where they can build their confidence
through workshops offered by the
Edible Garden Project.
In return for the advice, we ask
that participants grow an extra row
Volume 20 Number 1 Spring 2011
Tree planting: Heather (right) works with volunteers Mike and Silvia to plant a small apple
tree in a newly built community orchard.
to donate to our Sharing the Bounty
program. We collect fresh home-grown
produce to share with individuals and
families in need in our community—
almost 3000 pounds in 2010. We plan
to increase this yield as we engage
more new gardeners in the program.
With the Deep Roots mentorship
model, we are able to reach a greater
number of people in the community
and provide meaningful benefits to
both mentors and mentees, while at
the same time helping to strengthen
relationships in the community.
One of the biggest challenges
in recruiting mentors is that few
gardeners would identify themselves
as “experts,” even if they have
been growing for decades. Despite
their wealth of knowledge, most
gardeners hesitate to put themselves
into a teaching role. Deep Roots
taps into the valuable skill base that
already exists the community. Instead
of extensive and expensive formal
training, we provide them with the
information and training they need
to feel comfortable working with new
gardeners.
Operating in North Vancouver
since 2006, the Edible Garden Project
offers a range of programming, from
Volume 20 Number 1 Spring 2011
school education to community-garden
development to municipal-policy
creation. We work hard to connect
would-be gardeners with garden
space and the skills they need to
be successful.
Tax-deductible donations may
be made to support our mentorship
program. See the Canada Helps link on
our Website. The Edible Garden Project
is one of the many programs of the
North Shore Neighbourhood House. s
Voice: 604 987-8138
[email protected]
www.ediblegardenproject.com
Heather Johnstone is the Manager
of the Edible Garden Project. She has
spent years learning with organic
farmers and is now working with
home-scale urban gardeners and
municipalities to help them grow more
local food.
Emily Jubenvill is the volunteer and
events coordinator for the Edible
Garden Project. She has a degree in
environmental science from Royal Roads
University and a strong background
working on sustainability initiatives in
the community and with businesses.
The Scrivener
Leave A
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57
COVER STORY
Mentoring is the Bridge
In Conversation with Val Wilson
T
his interview took place
on a sunny day in the
charming Village of Ladner
in the offices of Notary John
Eastwood, the current President
of The Society of Notaries Public
of BC. The venue is a beautiful
100-year old house, one of the
original homes in the area.
58
A qualified mediator and former
real estate executive in Vancouver,
John is the owner of J.D. Eastwood &
Associates Real Estate Services.
He is a past president of the Canadian
Real Estate Association and the Real
Estate Board of Greater Vancouver
and is still actively involved with those
organizations. He is also a member
and a former president of the Real
Estate Institute of British Columbia,
and a former Board member of the
People’s Law School. John has
served as a Director of The Society
of Notaries for the past 10 years.
The Society of Notaries Public of British Columbia
Daniel Boisvert (at right), commissioned
as a BC Notary on May 1, 2008,
practises in Tsawwassen. When he
graduated, Dan won the Robert Reid
award for the highest mark on the
2008 Property Examination and the
BDO Dunwoody Award for the most
consistent performance in all aspects
of the 2008 Notarial Education Program.
Cam Sherk (at left) is in his final year
of the BC Notaries’ Master of Arts in
Applied Legal Studies postgraduate
degree program (MAALS), presented
through Simon Fraser University.
Volume 20 Number 1 Spring 2011
VAL: Greetings, gentlemen. Let’s start off
with your vision of mentoring.
JOHN: I see it as the process of allowing
a new Notary to gain some practical
experience and have access to support
and backup for questions when he or
she is starting out in practice.
VAL: Dan?
DAN: Mentoring is where theory meets
reality. Mentoring is the bridge.
VAL: Cam, please tell us about your
experience with mentoring.
CAM: When you actually get the
chance to go into a BC Notary’s office
and see how things are run, it’s huge.
You see what you’re going to be
doing in your own Notary business.
It’s a really interesting experience.
The students I talk to seem to have
enjoyed the process. Our mentors
have been totally accepting and
patient. Everyone is really positive.
VAL: John, what did you expect when
you took Dan under your wing, to mentor
him?
JOHN: I didn’t know exactly what
to expect because I hadn’t done it
before but I knew it would be a great
experience. Dan and I were friends
and business acquaintances prior
to his becoming a Notary, so I was
looking forward to working with him.
My previous mentoring was
with Notary students while they
were taking the course. It was quite
different to have Dan in the office fulltime—before he received his Notary
commission and after. We had a good
time working together. At least I did.
He harassed my staff and . . .
DAN: And he harassed me!
LAUGHTER
DAN: After I received my Notary
commission, I ran my own
business from John’s office. We
were completely separate entities
but shared resources together for
5 months. Many Notaries practise
independently. They’re on their own.
So all of a sudden, with two Notaries
in the same place at the same time,
we were able to learn from each other
and serve as backup, as well.
Volume 20 Number 1 Spring 2011
JOHN: When we talked about practice
guidelines and methods, I’d find that
sometimes Dan had newer information
than I did, so I benefitted from that.
I had been intending to rewrite all my
Wills precedents and update them
a bit. When Dan arrived in the office,
that was a job we thought he should
take on. To this day, I look at a Wills
precedent and see “Author: Dan
Boisvert.” I enjoy that.
VAL: How many mentors did you have,
Dan?
DAN: Just one. When I came through
the BC Notary Program, there wasn’t
an official mentoring program.
Mentoring is where
theory meets reality.
Mentoring is the bridge.
VAL: Cam, you’ve had three mentors.
CAM: Yes. I selected practices that
were unique: Laurie Salvador, Scott
Simpson with Simpson & Simpson,
and Patricia Wright downtown.
Because I’d worked in my dad’s
Notary office since I was 16, I know
how his office works. I wanted to see
how other offices are run.
VAL: What did you discover?
CAM: A difference in styles. I know that
conveyancing generally is the bread and
butter of the business. I went to Laurie’s
practice because she focuses on Wills
and Representation Agreements, and
I got to see that process. I went to
Simpson & Simpson because they’ve
got 14 or 15 people working for them;
they’re just massive. I wanted to see
how you run a business that large and
how it all works. And I went to Pat
because I wanted to experience another
single practitioner’s office. They all have
streamlined their practices in a specific
way to be highly efficient.
DAN: It was a natural fit. John was
seasoned. He has a good practice and
he is well respected in The Society
as well as in our community. I might
have benefitted from seeing how other
offices work, as well, but there’s only
so much time in a day.
JOHN: It was a wonderful experience.
I thoroughly enjoyed having somebody
younger with a refreshing new
attitude. It was just a pleasure to
come to work every day.
I have a very busy practice—
a large portion of it is real estate
transactions. Dan helped with real
estate files. To generate files, we
operated two different software
programs and I learned the new
program. The benefit to me was to
have quite a bit of assistance, and
I liked having Dan work with me.
It might be interesting to note
that Dan and I are competitors in
the area where he practises. I live in
Tsawwassen and still do a fair amount
of business there, but not as much as
I used to. We knew we were going to
be competitors. People wonder why
I would want to assist a competitor to
get started. My view is I’d rather have
a friend as a competitor. Quite often,
if one of us has a conflict in a file, the
other one picks up that side of the
file. We do a lot of business together.
DAN: Tons.
VAL: Was any consideration given to
becoming partners in one practice?
JOHN: I certainly thought about that.
VAL: John, how did you and Dan select
each other?
JOHN: The window of Dan’s former
townhouse behind my office looked
into my Boardroom, and he worked at
the bank that carried the mortgage on
my office.
The Scrivener
Tango, valued member
of John’s support staff
59
I don’t believe that training
a competitor is a real issue. We are
going to have competitors. And with
the trade and mobility agreement
[TILMA], we’re going to have more
competitors in our areas. I’d rather
have competitors with whom I get
along and whose capability I respect.
I encourage Notaries to consider
being mentors. There’s a great deal
of satisfaction from working with
a young person who doesn’t know
much about anything and contributing
to his success in a large way.
LAUGHTER
DAN: Yes. Yes.
JOHN: I’m just kidding with Dan. But
there is satisfaction in being able to
coach people and be a part of their
success.
Dan with his wife Lynn and chidren Noah and Abby
DAN: We did touch on it. At that time,
there were limits on BC Notary Seals
with regards to territory. The only way
I could practise in Delta was to take
over somebody else’s practice and Seal.
VAL: What was it like to work together?
LAUGHTER
JOHN: I was the old guy in the office
and so, occasionally, my office door
would be closed. When I opened it,
I often saw a missile fly from Dan’s
desk in the direction of my assistant—
or the other way ‘round. They provided
quite a bit of entertainment in the
office. They never hit me, but they
came close.
VAL: Your aim is reasonably good,
Dan?
DAN: Yes. Just ask his assistant. She
took a couple off the noggin.
LAUGHTER
John’s office is a fun office, so when
you come into this environment,
hilarious things are going to happen
on a regular basis. That’s for sure.
VAL: What is your advice to people who
are contemplating being a mentor or
mentee? What wisdom do you wish to
impart?
60
JOHN: Well, I’ll speak for mentors.
I believe strongly that experienced
Notaries should be willing to be
mentors. There’s a huge benefit.
We talked a bit about the benefit
I received—a refreshing new approach
to doing business and having
assistance in dealing with clients and
the preparation of documents and
precedents.
I believe strongly that
experienced Notaries should
be willing to be mentors.
There’s a huge benefit.
I would hope that Notaries who
are newly commissioned to practise
will continue to go into offices to work
or “article” as a permanent part of the
BC Notaries’ mentoring program.
Without mentoring, the
graduates would simply start to
practise on their own and that’s
very, very challenging. You need
resource people you feel comfortable
phoning for advice—nonthreatening
contacts—so that if you get into
a situation where you’re not clear
exactly what should be done, you can
get some sound advice.
The Society of Notaries Public of British Columbia
DAN: Mentoring is critical. Even
though I’m obviously very new in
The Society, I think the official
mentoring program was long overdue.
There’s a big difference between the
classroom and the office. I think that’s
how it is everywhere. You may have all
the knowledge in the world but if you
have no confidence, your knowledge
will not translate well to your client.
Or to your peers with whom you’ll be
dealing, as well.
The way to build that confidence
is through a mentoring-type program.
You go into the office and work; you
meet clients and you build actual files
and work in real-time. You understand
what a deadline is and how important
it is to get things done on time.
Those are things you don’t learn in
a classroom. You get them through
experience.
To the students: When you go into
a practice, you don’t want the Notary
and the staff to feel you’re a piece
of luggage that the office must carry
around for 2 or 3 months or however
long the timeframe may be. You must
add value to that practice the moment
you walk in. So you’d better get
yourself prepared.
And don’t be shy about teaching
someone like John Eastwood
something. Yes, John’s been around
a long time. When I came in here, he
Volume 20 Number 1 Spring 2011
was a Director on the Board of The
Society so he knows what’s going
on. As John said, some fresh eyes—
somebody who has just come through
the program—can perhaps bring a few
things to the table.
To the mentors: You’re grooming
Notaries who will eventually replace
you. Through having high-calibre
people in our profession, you’re
helping build the strength of The
Society. That translates to better
service to the general public of British
Columbia and, in the end, will help
ensure the longevity of The Society
of Notaries Public of BC.
And guess what? You can learn
something. Once you start thinking
you know it all, you’ll find out very
quickly that you don’t.
Mentoring is win/win all the way
around—The Society, the student, the
mentor, the public. Everybody wins.
VAL: Outstanding. Cam?
CAM: That covered a lot. From my
perspective, students must be ready
to learn. The students are all pretty
down-to-earth people. After you’ve
gone through the process where it’s
been nothing but books, you must
integrate that knowledge with what
you’re actually going to do in the
Notary business.
When you walk into a Notary’s
office, the last thing you should
be thinking about is yourself. You
shouldn’t be obsessing on little
things. One of our courses was
“Introduction to Canadian Law.”
Realistically, on a daily basis in the
practice of a BC Notary, you may not
be involved with anything that was
learned in the Canadian law course.
But when you get into the contract
law, all that background knowledge is
vital. You’ve got to be thinking, What
are the main principles? What are the
principles from a contract level? The
underlying real estate contract law?
For me, the key activity is
synthesizing all that I learned. What
am I going to be practising on a daily
basis? What do I have to know?
Most students don’t know what to
expect. I’ve heard them say, “This is
Volume 20 Number 1 Spring 2011
Cam Sherk with his dad, BC Notary Ken Sherk, on the links
just so different from what I thought it
would be.” It’s a bit of an eye-opener
in the sense that we all come from
different careers and backgrounds.
We’ve enjoyed our mentoring
experiences; they haven’t scared
anybody off.
Go and learn and invest time.
Then you can say,
“Now I want to start”
because you have confidence
and you are ready.
JOHN: Cam has the benefit of having
a father who is an experienced Notary.
Much of what I would say to you,
Cam, regarding mentoring is I hope
you’ll have an opportunity before you
get out practising on your own, if
that’s your intention, to work with your
father or with another BC Notary. It is
important to go through what Dan and
I did and actually do the work on your
own, under supervision. That’s a big
benefit. So I’d encourage you and
other new Notaries to consider what
Dan has said. Mentoring becomes
a two-way street. You’re going to
gain quite a bit of knowledge and
experience.
The Scrivener
CAM: I totally agree. If you think
about it from a front-end, back-end
perspective and my recent mentoring
events, you did that, Dan. Then you
wrote the exams and continued with
the mentoring experience. That is
a really good idea.
DAN: The Society’s formal mentoring
program at the moment is pregraduation. It was the post-graduation
experience—after I’d been to court
and received my Notary Seal—that
taught me the most. Mentoring was
critical to both my early success
and my long-term success. It had to
be done. I didn’t have to spend 5
months here but I saw the value in
it. Fortunately for me, John saw the
value in it, as well.
To the Notary students, I say this:
You don’t have to open your office
in May when you graduate. Find an
office where you can work for a few
months, whether it’s in Smithers or on
Vancouver Island—wherever. Go and
learn and invest time. Then you can
say, “Now I want to start” because you
have confidence and you are ready.
When they go into a Notary’s
practice, students must keep in
mind that they are inside a full-time
business that the Notary cares about
61
Cam waterskiing on Shuswap Lake
very, very deeply. They should be very
respectful of the Notary’s time and
the staff’s time, and remember they’re
there to learn and to impart knowledge.
The mentors don’t want an overzealous
student to disrupt the practice.
VAL: There were airborne objects when
you were working in this office . . .
LAUGHTER
DAN: Excluding what I did here with
John. And I always respected him
when his door was open!
LAUGHTER
VAL: Cam, what interests do you have
outside the BC Notary program?
CAM: When you are in the MAALS
program, your outside life kind of goes
away for 2 years because of the
amount of work there is to do. It’s
been great and totally worth it; there’s
no question about that. For outside
interests, I’m big into basketball.
I play on a regular basis and
62
I coached, but I haven’t done that in
the last few years. I’d like to get back
into coaching high school basketball
in North Vancouver. Other than that,
I’m not particularly interesting.
LAUGHTER
They should be very
respectful of the Notary’s
time and the staff’s time,
and remember they’re
there to learn and to impart
knowledge.
Oh, I play golf but not very well
and I love to waterski. And I’m
electronically inclined, like the rest
of my generation. There’s a whole
bunch of stuff I’d like to do but I’ve
been focusing on the Notary program.
VAL: What are your leisure activities,
Dan?
The Society of Notaries Public of British Columbia
DAN: I live and practise in the little
community of Tsawwassen. I work
many hours every day. My wife Lynn
and I have two children who are just
6 and 3; they keep us pretty busy.
[See The Scrivener: Summer 2010,
page 38.] When we’re not doing
things together as a family, I’m a big
curler. I curl a lot in the Winter. Golf
is what I like to do in the Summer.
VAL: Now let’s find out why John decided
to change careers years ago to become
a BC Notary who would be an excellent
mentor.
JOHN: Well, two reasons. I was
travelling an awful lot. I looked at
opening a neighbourhood practice
somewhere and spending more time
at home, rather than jumping on
another airplane to go to another
meeting.
And I enjoy dealing with the
public. The greatest thing about my
practice is dealing with people every
Volume 20 Number 1 Spring 2011
John with his grandchildren Maizie and Parker at Whistler, March 2011
day. I help people on a daily basis and
I get satisfaction out of that.
I intended to slow down a bit
but that didn’t happen. I started off
working 6 days a week in my Notary
practice to get it going and then,
after 10 years, dropped the weekend
work. Now that I’m working with my
daughter Lisa Eastwood, a lawyer, I’m
cutting back to 4 days a week.
I’m starting to enjoy some
spare time, as well. My
family is first and foremost.
My wife Bryanne and I have
2 daughters and 3—soon to
be 4—grandchildren.
John, Bryanne, Maizie, and Parker
on Notarius I
much as we can. In Winter, we enjoy
an occasional ski weekend with the
family.
VAL: Cam, after you’ve been practising
for a few years, are you going to
become a mentor?
CAM: Well, after the comments I’ve
made today, I guess I’ll have to!
LAUGHTER s
I’m starting to enjoy some spare
time, as well. My family is first and
foremost. My wife Bryanne and
I have 2 daughters and 3—soon
to be 4—grandchildren. We love
boating, so in Summer we’re out
cruising the Gulf Islands with our
family on weekends and holidays as
Notarius I at anchor with Bryanne
on the back deck
Volume 20 Number 1 Spring 2011
Maizie and Parker on a statue of Popeye, the resident seal in Friday Harbor
The Scrivener
63
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BC notaries
Joyce Helweg
Roving BC Notary Joyce Helweg likes
to work in the northern half of our
province. Happy to have more time
now to mind the farm, she enjoys
feeding the cows and horses and
keeping company with her two Border
Collies, Champ and pup Annie Oakley.
Joyce Helweg accepting iPod Nano
from Alex Michaels of the
College of New Caledonia
Joyce has renewed her lifelong
passion with writing and was recently
awarded the Grand Prize in all
categories for the “Literacy Lives in
the Fort St. James Poetry and Short
Story Writing Contest,” held by the
Learning Hub and College of New
Caledonia. Her story centred around
bullying—in the family, schoolyard,
and workplace. Joyce is currently
doing research for a historical mystery
that will take place around the goldmining town of Manson Creek, BC,
north of her home.
Dave Hayer, Trish Fedewich,
and Colin Hansen
BC Notary Trish Fedewich and her
dad, Notary El Fedewich, attended
the Surrey Board of Trade luncheon
February 23 as guests of local
MLA Dave Hayer. The guest speaker
was Colin Hansen, Minister of Finance
and Deputy Premier.
Where in the World has The Scrivener Been?
Vancouver Notary Marco Castro hiking in Nepal.
That’s Mt. Everest, the top of the world, in the background.
Judy Milliken and Trevor Todd in Morocco,
just prior to the North African unrest
Be in the
Magazine!
Take
The Scrivener
on your next
trip and send us
a photo.
Vancouver West Notary Public Jane Capwell visiting Bora Bora,
while cruising Tahiti and the Society Islands in December
Volume 20 Number 1 Spring 2011
[email protected]
society.notaries.
bc.ca
The Scrivener
Notary Esther Chiu visiting Yellowknife, NWT
65
BC notaries
Profile of a BC Notary
Pernille Nielsen,
Bowen Island
M
y parents Frank and
Alice Nielsen (nee
Sjogren) are Danish.
They came to Canada separately
in the early 1950s, met through mutual
friends, married, and decided to build
a home in North Vancouver. People
thought they were crazy to move so far
from the city—over the bridge, and
halfway up the mountain! They bought
a lot near the Capilano Suspension
Bridge. My father cleared the trees
and built their house while working
graveyard shifts as a machinist.
My sister Tina and I were born
and raised in North Vancouver and
spent our childhood living in the
Capilano Highlands. I graduated from
Handsworth Senior Secondary in 1974.
My job experiences have been
varied. At 16 my first job was in the
cafeteria at the Hollyburn Country
Club where I learned the food
66
chanellewalkerphotography
services industry—and that working
nights and weekends was not for me.
I took typing in Grade 10, on those
old-fashioned nonelectric typewriters,
and got a part-time job with Grouse
Mountain Ski School, which was
practically in our backyard.
My journey to becoming
a BC Notary started…
when I took a night school
course in the early ‘90s
to familiarize myself with
these new-fangled things
called computers!
That experience led to a number
of receptionist positions and other
office jobs that set me on the course
that led me to where I am today.
I worked for CIBC in Fort
Nelson for a few years and in their
International Department in Vancouver.
The Society of Notaries Public of British Columbia
I have worked in the gold and silver
wholesale/manufacturing business
and for an RBC investment firm. After
the birth of my daughter Anya in
1987, we moved to Williams Lake for
2 years and I worked part-time at the
Community College there.
We moved to Bowen Island in
1989, partially because my sister and
her family, as well as my parents, had
moved there and partially because
housing prices were much more
reasonable than in North Vancouver.
It was the beginning of a real
estate boom that continued fairly
steadily until about 2007. My sister
Tina Nielsen is the chief librarian
here. My parents still live on Bowen
and have just celebrated their 56th
wedding anniversary!
My journey to becoming
a BC Notary started—although I didn’t
know it at the time—when I took
a night school course in the early
‘90s to familiarize myself with these
Volume 20 Number 1 Spring 2011
new-fangled things called computers!
That lead to another night school
course that sounded interesting,
called Introduction to the Legal Office.
The instructor of that course, Kristin
Bjurman, also taught a course called
Conveyancing.
I had no idea what conveyancing
was but I took that course as well.
At the end of it, Kristin offered me
a job as a receptionist in her husband
Trevors Bjurman’s law office. She was
his conveyancer and wanted to train
me to be her assistant! I worked for
the Bjurmans in North Vancouver for
7 years and found I really enjoyed
conveyancing.
The commute from Bowen was
very time-consuming so when another
lawyer—Jeffery Scouten, who lived
and practised on Bowen at the
time—offered me a part-time job,
I split my week between the 2 law
offices. In 2000 I began working for
Jeff full-time, doing conveyancing and
general legal office work. It was one
of his clients who suggested I should
become a Notary.
Elizabeth Brandson was the
Notary on Bowen at that time. When
I approached her, she was very
encouraging; we agreed she would
retire and I would take over her
practice, once I passed the course!
The main reason I decided to take
the BC Notary course was I wanted
a career that would allow me to work
on Bowen and that would give me the
security and control of having my own
business.
Bowen is such a small community;
there are not very many on-island
professional jobs, especially for
women. Jeff Scouten was also very
supportive and I did many of my
assignments in his office after work.
Our Notary class was the first to
receive the course materials on a disc
and I believe we were also the first
to be able to fax in our assignments
each week. I received my BC Notary
commission in 2002 and opened my
office in Snug Cove, overlooking the
harbour and the ferry.
I consider myself
truly lucky to have them all
on Bowen Island with me.
I am probably one of the few
BC Notaries without staff. Although
that makes the busy times of the year
a bit stressful, I find I enjoy having
control over every part of my business
and my clients know they are receiving
the most personal service possible.
I have lived on Bowen Island for
almost 22 years now and have no
plans to leave. Many of the reasons
I came here and plan to stay are
mentioned in the following article
about Bowen.
I am quite involved in the
community. I am the Treasurer of the
Community School Association and
have been since the early ‘90s when
my daughter started Kindergarten
there; she is now finishing her Master’s
degree at York University in Toronto.
I am on the Board of the Bowen
Island Yacht Club, which organizes
a yearly Round Bowen Race for
approximately 70 sailboats and helps
support sailing programs for local
children in the Summer.
In Copenhagen, 2010, in an
area downtown called Nyhavn
Volume 20 Number 1 Spring 2011
I have been on the executive
of the Christmas Hamper Fund for
about 15 years and have helped
them obtain registered charity status.
The latest Board I have joined is the
Abbeyfield House Society that hopes
to build a supportive living facility for
seniors so they don’t have to move
off Bowen when they can no longer
maintain a full-time residence.
The Scrivener
On Santorini in Greece, 2008,
after a family reunion in Denmark
I volunteer for many other groups
on a casual basis. Besides being fun,
that helps me keep in touch with the
community and offers me new and
varied experiences and opportunities
to meet my fellow Bowen residents.
My main passion these days is
travel. I go to Europe almost every
year, often combining a trip to see
my family in Denmark with a week
or two somewhere else. Paris, Italy
(three times), and Greece were my
most recent destinations. This year’s
trip is to Italy in July; I will also spend
some time in Copenhagen. Mexico and
Hawaii are also wonderful places to go
in the grey, rainy days of Winter; I have
enjoyed both quite a few times.
My favourite charity is Plan
Canada [formerly Foster Parents Plan].
I started many years ago by fostering
a girl in Guatemala. I speak some
Spanish and wanted to be able to
understand the letters I received from
her. I found it a wonderful experience.
I especially like the fact that you
can correspond with your foster child
and send small gifts, cards, photos, and
so on. I have always received a grateful
reply so I know that the child has
received the items I sent. I now support
3 girls in Guatemala, 1 in Nicaragua,
and a boy in Indonesia. If my travels
ever take me to Central America, I would
love to visit some of them.
Most important to me are my
family, my wonderful daughter Anya,
my parents, my sister, and her
daughter Annalise.
Although most of our extended
family is in Denmark, those of us here are
very close and supportive of each other.
I consider myself truly lucky to have them
all on Bowen Island with me. s
67
Suzanne Carvell
Beautiful Bowen Island!
C
alled by some “the jewel
of the Sound,” Bowen
Island is a unique,
picturesque island a short
20-minute ferry ride from
Horseshoe Bay in West Vancouver.
Photos: Cornet Hermann
Home to a diverse mix of Islanders,
the population of approximately 3500
residents can double in the Summer.
Bowen residents are a study in
contrasts. The locals cherish their
privacy but will gladly pull over to pick
up the occasional hitchhiker!
Bowen residents are a study
in contrasts. The locals
cherish their privacy but will
gladly pull over to pick up
the occasional hitchhiker!
fabulous marina. Hiking and mountain
biking are popular with residents and
visitors alike, and there’s nothing like
the view from atop Mount Gardner.
Bowen—the fourth-most artistic
community per capita in Canada—is
also home to myriad artists who
display their wares in the art galleries
throughout the island. Artisans and
There’s lots to do on Bowen, from
kayaking around the island’s sheltered
bays, swimming at the local beaches,
playing a round of golf at the golf club,
to whittling away on a boat in the
68
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
musicians showcase their talents
at the many festivals and events on
Bowen throughout the year—it’s all
part of the charm of Island life.
The history of Bowen is a large
part of the ambience. It was originally
used as Summering grounds by the
native Squamish nation. Then the
European settlers came to log, fish,
and farm and, by the end of the 19th
century, cottages had sprung up on
the island. Bowen became a popular
holiday getaway for city dwellers
and visitors. The Union Steamship
Company [USSC] transported visitors
to Bowen until the 1950s.
But that changed in 1958 with
the arrival of regular car-ferry service;
Bowen became, in some respects,
a bedroom community of Vancouver.
But take away the nature,
the artists, the views,
and the history, and
you’re left with what
truly makes Bowen
unique—its sense
of community, its heart.
The cottages from the USSC
are still here, lovingly restored.
History has a way of bringing people
together—and that’s what Bowen
does best. Individuals come here
and feel part of the land. That’s what
keeps them coming back and what
makes some stay.
But take away the nature, the
artists, the views, and the history,
and you’re left with what truly
makes Bowen unique—its sense
of community, its heart. The residents
have a passion for the island. That
passion can be contentious—pitching
neighbour against neighbour on some
local issues.
It’s a community that will pull
together to fundraise for various
projects and causes and will always be
there to lend a helping hand. That’s
the beauty of living in a small island
community and that’s what makes
people stay here. s
Suzanne Carvell is
the part-time Manager
for the Bowen Island
Chamber of Commerce.
Voice: 604 947-6988
[email protected]
www.bowenchamber.com
Volume 20 Number 1 Spring 2011
The Scrivener
69
THE NOTARY FOUNDATION of bc
Spotlight on Good Works:
Camosun Grads
Receive BC Notaries Award
T
homas Brown, 22, credits
Camosun College for
his new full-time legal
assistant job in the Ministry
of Attorney General.
He’s a recent graduate of Camosun’s
12-month Legal Office Assistant
certificate program and 1 of 4 top
School of Business students who
received this year’s prestigious Notary
Foundation of BC Award. Emma Shill,
Stephanie Curtis, and Caitlin Gaffney
were also recipients.
Susan Davis, Immediate Past President
of The Society of Notaries,
with Camosun grad Thomas Brown
“Without the skills and training
Camosun provided me, there would
have been no way I could have
obtained and retained my position,”
said Thomas. “And, it’s an honour
to receive the BC Notaries Award. It
feels great to be recognized by such
a prominent legal association. Being
able to put this award on my résumé
will benefit me greatly when I look to
advance my job or upgrade my training
to a paralegal.”
Emma Shill agrees. At 23, she’s
now a legal assistant with Stevenson
Luchies & Legh in Victoria, working in
litigation. “Receiving this award has
confirmed that I have chosen a career
path for which I am well suited.”
Susan Davis with Camosun grad
Emma Shill, now a legal assistant with
Stevenson Luchies & Legh in Victoria
70
Camosun’s Legal Office Assistant
grads are in demand. And, in a recent
graduate survey, 93 percent rated
their training as providing them with
the “knowledge and skills useful in
their job.”
The Society of Notaries Public of British Columbia
The full-time program starts each
September and covers substantive
law, procedural law, litigation, and
law foundations, as well as business
communications, information
technology, records management,
and word processing. A 3-week work
practicum ensures students obtain
experience and connections in the real
legal world. Graduates are prepared
to use their new skills and knowledge
to work in entry-level support roles in
both public and private legal sectors.
“I took the program straight out
of high school,” adds Stephanie Curtis,
now a full-time legal assistant at
Hemminger Schmid. “To be honest,
I wasn’t 100 percent sure of what
I was getting into. But law has always
appealed to me and I thought it
would be a great way to get my foot
in the professional-world door! After
a job-shadowing experience, the
environment definitely resonated with
me. I’m 19 years old and already have
business cards!”
The Notary Foundation of BC
Award is held in the Camosun College
Foundation and presented annually to
one or more exceptional Legal Office
Assistant students who demonstrate
academic excellence combined with
leadership skills. s
For more details about the award or
how you can honour or help a Camosun
student, please contact the Camosun
College Foundation, [email protected]
camosun.bc.ca or call 250 370-4233.
www.camosun.ca/foundation
Volume 20 Number 1 Spring 2011
$39,352,450
Building Better Communities, One Grant at a Time
30 MILLION
24 MILLION
The Board of Governors of the Notary Foundation of BC
is comprised of
• 8 members of the Board of Directors of The Society
of Notaries Public of BC;
• 1 representative from the Attorney General’s office in Victoria;
• 2 Directors-at-Large, appointed by the Attorney General; and
• the Executive Officer.
The members from The Society are elected by the Directors
of The Society from among their ranks, for a 3-year period.
18 MILLION
12 MILLION
6 MILLION
Susan Davis, Chair
Ken Sherk
John Eastwood
Akash Sablok
Dalminder Virk
The Governors
David Moore
Leta Best
G. W. (Wayne) Braid, Executive Officer of the Notary Foundation,
is responsible for the administration of the office and 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.
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.
The funds are used for the following purposes.
Funds earned from the Trust
Accounts of BC Notaries
As of January 31, 2011
Volume 20 Number 1 Spring 2011
1. Legal education
2. Legal research
3. Legal aid
4.Education and Continuing Education for BC Notaries and
applicants who have enrolled to become BC Notaries
5. Establishment, operation, and maintainance of law libraries in BC
6.Contributions to the special fund established
under the Notaries Act of BC
The Scrivener
71
THE NOTARY FOUNDATION of bc
Jim Emmerton
Law Reform, BC Notaries,
and the BC Law Institute
T
he British Columbia Law
Institute (BCLI) has a long
and positive relationship
with BC Notaries, who have
continued to flourish in recent
years.
BCLI is the independent law
reform agency of British Columbia. The
Canadian Centre for Elder Law (CCEL),
a division of BCLI, carries out legal
research, law reform work, and outreach
and educational activities focused on
issues affecting older adults. Much
of the work of both BCLI and CCEL
relates to such areas as estate planning
and real estate, and is central to the
practice of BC Notaries.
Since many areas of BCLI’s law
reform activities closely relate to the
practice of BC Notaries, the Notary
Foundation of BC has generously
provided important funding for several
of our law reform projects.
Some completed projects for
which the Notary Foundation of BC
has provided funding include
• the large Wills, Estates and
Succession Law Project that is
the basis of the new Wills, Estates
and Succession Act;
• the Commercial Tenancy Act
Reform Project that produced
recommendations for a new
Commercial Tenancy Act; and
72
• P
hase 1 of the Real Property
Reform Project that provided the
background review to initiate
reform of five specific areas
of Real Property law in Phase 2.
…the Notary Foundation
of BC has generously
provided important funding
for several of our
law reform projects.
In addition, BC Notaries have
served on the volunteer law reform
project committees for some projects.
Richard H. W. Evans served as
a member of the testate succession
subcommittee on the Wills, Estates
and Succession Project; Ken Sherk
served on the advisory committee
of Real Property – Phase 1; Susan
Davis Mercer serves on the Project
Committee of the Real Property
Reform Project – Phase 2; and Laurie
Salvador is serving as a committee
member on the Project on Potential
Undue Influence: Recommended
Practices for Wills Practitioners.
We welcome new volunteers for
future projects.
Several Board members of BCLI
are appointed by professional,
governmental, and educational
institutions. In recognition of the
continuing importance of BC Notaries
and the Notary Foundation of BC
The Society of Notaries Public of British Columbia
in law reform work, the Board
of BCLI moved, in early 2010, to
provide a more formal connection with
BC Notaries.
BCLI amended its bylaws
• to increase the number of Board
members to 15; and
• to provide that the Executive
Committee of The Society
of Notaries Public of British
Columbia appoints one
BCLI Board member. The current
appointment is Richard H. W.
Evans, of Nanaimo, BC.
BCLI is now carrying out several
law reform and legal education
projects of particular interest to
BC Notaries.
Best Practices for Dealing
with New Regime
for Testamentary Undue Influence
Section 52 of the new Wills, Estate
and Succession Act is a new provision
that changes the presumption
applicable when a Will or a term
of a Will is alleged to be the product
of undue influence.
When it comes into force, this
section will make the rule concerning
the onus of proof of allegations of undue
influence in connection with Wills
essentially the same as the rule that
applies in the case of inter vivos gifts.
Until now, the onus of proof when
a Will or a term of a Will is attacked
on the ground of undue influence
Volume 20 Number 1 Spring 2011
has been on the challenger. There
is a general sense among Wills and
estates practitioners that this new
provision will result in a greater need
for sensitivity to possible undue
influence in taking Will instructions,
especially from elderly testators.
The Notary Foundation of BC is
generously funding a project to create
a handbook of recommended practice
for drafters of Wills.
The handbook supports
professional practitioners and
addresses a range of topics including
a.researching case law on
testamentary undue influence;
b.consulting with legal and nonlegal
experts in gerontology, psychiatry,
and so on, regarding dealings with
the elderly in matters involving
intrafamily power dynamics; and
c.developing recommendations
for best practices for legal
practitioners and their staffs in
relation to testamentary undue
influence.
The project is being led by Senior
Staff Lawyer Greg Blue, QC, with
Peter Ramsay, QC, as Chair of the
volunteer Project Committee. The
Project Committee is comprised
of professionals from various areas
of expertise and experience including
two BC Notaries. Legal research and
meetings of the Project Committee are
now in progress.
BCLI expects to complete the
practice aid for use by Notaries and
lawyers by late 2011.
Assisted Living, BC Project
Following the publication by CCEL
of a Discussion Paper entitled
“Assisted Living: Past, Present and
Future Practices in Canada,” the
Notary Foundation of BC and the Law
Foundation of BC have generously
provided funding for a large law
reform project on Assisted Living
issues in British Columbia.
Jim Emmerton, Executive
Director of BCLI/CCEL, is the project
coordinator and Chair of the volunteer
Project Committee.
THIS IS NOT
A ZIPPER.
Due to the extensive nature of the
project, BCLI/CCEL staff lawyers
Greg Blue, QC; Krista James; Kevin
Zakreski; and Emma J. Butt have
responsibility for various areas of law
being reviewed, including
• housing and tenancy;
• a ccess to justice and dispute
resolution;
• c onsumer rights and financial and
debt issues;
• a “Bill of Rights”;
• employment and labour;
• privacy; and
• health and safety.
CCEL has completed a substantial
part of the research and the Project
Committee has been meeting regularly
since commencing in December 2009.
The project will include obtaining
substantive public input on assisted
living priorities and issues, legal
research, broad consultation, and
legal drafting directed ultimately
to recommendations for legislative
reforms.
It’s actually an intricate system of wedges, hooks,
and hollows. Similar to how we’re not just accountants.
We’re a partner–driven accounting network with
over 1,000 offices in more than 100 countries.
BDO. More than you think.
Assurance | Accounting | Taxation | Advisory Services
Suky Cheema, CA
Partner
604 688 5421
www.bdo.ca
BDO Canada LLP, a Canadian limited liability partnership, is a
member of BDO International Limited, a UK company limited by
guarantee, and forms part of the international BDO network of
independent member firms. BDO is the brand name for the BDO
network and for each of the BDO Member Firms.
Volume 20 Number 1 Spring 2011
The Scrivener
73
Real Property Reform Project
– Phase 2
This is a large project on reform
of areas of BC real property law
identified in the Phase 1 report,
mentioned above, namely
a.the effect of section 29 of the
Land Title Act and notice of an
unregistered interest;
b.section 35 of the Property Law
Act and judicial extinguishment
of incorporeal interests;
c.severance of joint tenancy and
other issues of co-ownership,
including the four unities rule,
and the Partition of Property Act;
LAND
LINES
SURVEYS
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Our business is steadily growing.
Thumbs-up to our new clients
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d. restrictive covenants; and,
e. the doctrine of implied grant.
The Notary Foundation of BC,
the Law Foundation of BC, and the
Real Estate Foundation of BC have
generously provided funding for this
large project.
Professor Emeritus A. J. “Bertie”
McClean, QC, is acting as Chair of the
project committee, which is comprised
of Board members and other volunteers
with expertise in real property law,
including Susan Davis Mercer,
BC Notary. BCLI Senior Staff Lawyer
Greg Blue, QC, is project manager.
BCLI is publishing consultative
documents on the topics under review
that will be followed by a series
of reports. BCLI has issued the first
of these reports, the “Report on
Section 29(2) of the Land Title Act
and Notice of Unregistered Interests.”
Kenneth Waller AScT, RSIS
Phone: 604 465-2142
Fax:
604 465-1469
[email protected]
Site Improvements
Surveys
For Mortgages
74
In addition to legal research and
law reform projects, BCLI and CCEL
engage in extensive outreach and
educational activities. Most notable are
the following.
Presentation Materials and Tools
Preparation and delivery of
presentations and tools for meetings,
lectures, seminars, and so on, relating
to various aspects of law and, in
particular, relating to issues affecting
older adults. Those issues include such
topics as substitute decision-making,
estate planning, financial literacy, and
elder abuse and neglect.
The Society of Notaries Public of British Columbia
Presentation Delivery
Delivery of various presentations such
as speeches, seminars, and Webinars to
provide information and education on
legal research and law reform topics.
Canadian/International Conference
on Elder Law
In 2010, CCEL held the fifth
Conference, which continues to provide
important opportunities for leaders in
elder law issues to meet and exchange
views and information.
GREATdebate
In 2010, BCLI held the 3rd annual
GREATdebate providing a unique
opportunity for legal professionals to
meet for a fun-filled evening comprising
a social hour, dinner, and comedic legal
debate. Information about the 2011
GREATdebate, to be held in the Fall,
will be available on the BCLI Website
at www.bcli.org.
As a dynamic society, British
Columbia continues to experience
changing values and demographic
shifts, such as an aging population,
economic changes, and technological
advances. British Columbia will
continue to require ongoing review and
analysis of the social changes that
suggest needs for new and improved
laws and practices.
BCLI is dedicated to providing
the best in legal research, law reform
work, and outreach activities. To carry
out our mission, we will continue
to build on our strong relationships
with BC Notaries and other legal
professionals and experts to support
British Columbia’s development as
a leading civil and democratic society.
We are especially grateful to our key
funders and many expert volunteers,
without whom we could not continue to
provide excellent work and results. s
Jim Emmerton, BA, LLB, has more
than 36 years of experience in leading
organizations. He provides executive
management of BCLI/CCEL and
participates in developing and managing
a wide range of activities relating to legal
research and law reform projects.
Voice: 604 822-0145
[email protected]
Volume 20 Number 1 Spring 2011
Editor’s
Bernard Hoeter’s friends Kayce
White and Roy Wares are
compiling a history of European
immigrants who settled in British
Columbia between 1950 and
1975. If you would like to tell the
story of your family’s arrival and
early experiences in BC, please
contact [email protected]
NEXT ISSUE
SUMMER 2011:
Travel
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of Choice
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Inspector (CPI) are professionals certified by ASTTBC, one of the
largest professional associations in BC.
Find competent home inspectors for every assignment – from real
estate pre-purchase inspections to litigation inspection reports.
Visit our web site for more information, including a listing of licensed CHI
and CPI inspectors in your area…
bcipi.asttbc.org
PARTNERS
in EXCELLENCE
Our theme for the Summer
Scrivener is Travel—offshore
destinations and jaunts around
British Columbia. Ideal for your
vicarious vacation or planning where
you might like to venture next!
The MiX showcases interesting
and timely articles. Consider
submitting an article for that
section of the publication. Write to
[email protected]
Article Deadline: May 2
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• go to www.graffiki.ca, and
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From the top box, delete the words "Your e-mail." In that now-empty box, type your email address.
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Summer Advertising Deadline: June 6
[email protected]
Call: 604 985-9250
www.notaries.bc.ca/scrivener
Volume 20 Number 1 Spring 2011
Jessica Howarth
Mary-Ellen Mason
Lisa Leitch
Contact us today for a personalized assessment.
By phone at 1 (866) 288-1587 ext. 103
or by email at [email protected]
The Scrivener
75
The MiX
TRAVEL
Gillian Campbell
Surprise Trip
to Dawson City, Yukon
I
was so excited to hear Mark
Mather’s voice on the phone.
Mark owns Dawson City’s General
Store. A few years ago, he hired me
to entertain Dog Mushers from 18
countries—we did 14 shows all over
town in 4 days!
This time Mark said the Governor
General of Canada was travelling to
Dawson for a very special weekend
of hockey—the Alumni Senators from
Ottawa were playing the Dawson Nuggets.
We flew into Whitehorse February 9
for 3 full days of fun, with tons
of luggage. Edward, my very supportive
second husband—and much better
than the first—accompanied me, as did
the musicians . . . my son Richard on
Singing Mammy at Diamond Tooth Gerties
76
drums, Tim Porter on bass, and Grant
Simpson on piano. Grant was part
of the Frantic Follies in Whitehorse.
I was with the Follies for many years as
their leading lady. The Frantic Follies is
a great Klondike show. Very authentic.
We flew into Whitehorse
February 9 for 3 full days
of fun, with tons of luggage.
Mark was at the Whitehorse
airport when we arrived. He brought
along a picnic of my favourite tuna fish
sandwiches so we could get going right
away on the long drive to Dawson City,
a distance of 350 miles. There were
not many other cars on that road and
there was lots of snow.
It’s a Wonderful World . . .
Because the main hotels in
Dawson were closed for the season,
we were billeted with an old friend
of mine, a dancer with the Gaslight
Follies in Dawson. Shelly Hackinson—
my pet name for her is Tiddly—is such
a beautiful woman and in outstanding
shape, too. She and her husband Greg
were kind to let us stay in their lovely
log home with their two kitties.
Next day, Mark picked us up and
off we went to Diamond Tooth Gerties
for the sound check.
There was Standing Room Only at
the main performance. The audience
of hockey players and fans was
wonderful . . . so enthusiastic. They
sang along to our show of OldiesBut-Goodies and gave us a standing
ovation and an encore. It was
a magical night.
Edward and Mark with tents set up on the frozen Yukon River
during the February Festivities for the Governor General
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
Our next gig is in
Whitehorse for the Annual
Sourdough Rendezvous!
The outside temperature was
minus 30º F. Mark said three huge
boilers were going full blast to keep
the people warm. I was cooking up
there on stage, but a gig’s a gig!
Ray Buchanan, who makes all my
incredible costumes, says, “You are not
there for comfort. You are there to look
good!” Whenever I do a show, I have
a hard time choosing which gorgeous
handsewn Klondike gowns I will wear.
They are masterpieces of feathers,
fabrics, glitter, and shine—with
jewellery, shoes, hats, parasols, and
sparkly eyelashes to match!
Our next gig is in Whitehorse for
the Annual Sourdough Rendezvous! s
The colourful career of Gillian Campbell,
AKA Klondike Kate, has taken her to
Barkerville, Dawson City, Whitehorse,
Edmonton (8 Grey Cups and numerous
Klondike Days celebrations), San
Francisco, and LA. At the behest
of various Canadian tourism agencies,
she has represented Canada in South
East Asia and Japan, and was a favourite
entertainer on Holland America Cruise
ships on the Caribbean and Alaska routes.
Gilly has the energy of several people
put together! At Christmastime, Gilly
and Edward appear all over the Lower
Mainland as the marvellously melodic
duo, Mr. and Mrs. Claus.
The Downtown Hotel, Main Street, Dawson City, Yukon, in February 2011
About Dawson City
Dawson City is a well-preserved, living and breathing cultural and
historic oasis tucked away in the middle of the Yukon wilderness.
Once referred to as the “Paris of the North,” its name is synonymous with the
1898 Klondike Gold Rush. In Summer, Dawson is a carnival by day and a circus by
night—brimming with art, music, and literary and natural history festivals. It is populated
by colourful local characters that even Robert Service or Jack London would have a hard
time dreaming up.
An integrated community, Dawson lies within the traditional territory of the Tr’ondëk
Hwëch’in. Our safe and friendly community of 1800 has all the modern amenities
a discerning traveller would require, yet it offers rustic accommodations for a more
authentic experience.
Klondike Visitors Association
Dawson City, Yukon Territory
[email protected]
[email protected]
www.gilliancampbellshow.com
Gillian’s musicians Richard Campbell,
Tim Porter, and Grant Simpson
at Diamond Tooth Gerties
Volume 20 Number 1 Spring 2011
Voice: 867 993-5575
Edward and Gillian outside
the bank where Edward worked
years ago, when they met
The Scrivener
The bottom of Main Street, Dawson City
77
GUEST COLUMN
Mark McGladrey
Getting in Shape
for the 2011 David Thompson
Columbia Canoe Brigade
I
n the Winter 2010 Scrivener,
Volume 19, Number 4,
Robert Allen wrote an article
titled “2011 David Thompson
Columbia River Canoe Brigade.”
the people. Spending 45 days and
nights in close proximity worried me.
Contrary to what people think, I am
not a social butterfly. There is a good
reason why I work by myself, and that
my best friend is my dog!
In October, my wife and I joined
other members of NALS to take the
Koo Koo Sint out for a paddle in Birch
Bay. Robert included a photo of our
trial run in the Winter Scrivener—that’s
me in the fourth seat, gasping for air.
In commemoration of the David
Thompson bicentennial and his arrival
at the mouth of the Columbia River in
1811, a Brigade of canoes will leave
Invermere, BC, on June 3, 2011, and
travel over 1000 miles to Astoria,
Oregon, via the Kootenai, Clark Fork,
Pend Oreille, and Columbia Rivers.
Not only was I going into the
Brigade socially challenged, it was
clear I was physically challenged, as
well. I was in terrible shape. I blame
this solely on my computer and
ergonomic mouse designed to take
the muscle tone and the stamina from
the rest of the body and put it into the
wrist and the two fingers that rest on
the mouse.
The North American Land
Surveyors (NALS) will be putting
two 25-foot North Canoes in the
water: The Koo Koo Sint, a name
meaning Star Gazer, given to David
Thompson by the native people, and
Paddle Song, a name taken from the
title of a book by Elizabeth CluttonBrock, about Charlotte Small, David
Thompson’s wife.
When I signed on with the NALS
Team, I was not concerned about the
rigours of 1000-mile canoe journey or
camping out each night or the bugs,
snakes, and other creatures that can
cause you grief. My main concern was
78
Mark and Kode Dog
The Society of Notaries Public of British Columbia
Within a couple of weeks after that
afternoon of paddling, I had recovered
and was up and around. I told my wife
I was planning to join the local gym.
She was skeptical at first, but warmed
to the idea of my being a jock and
suggested I get a new exercise outfit.
I was not going to waste my money.
My old sweats would do just fine.
Volume 20 Number 1 Spring 2011
I called the gym and spoke to
a young lady named PJ. I guessed the P
was for perky because she certainly had
a bubbly, cheerful, positive personality.
All I had to do was go down to the gym,
fill out some forms, and take a fitness
test—like how many pushups I could
do. (I hadn’t done pushups in 45
years.) Once I paid my fees, she would
be my personal trainer. She had no
doubt in the world she would have me
in shape for the Brigade.
I dropped into the gym to meet
PJ and pick up my forms and was
impressed by all the fit, hard-working
people dressed in the latest training
fashions. This gym wasn’t ready for
me and my old sweats, and it certainly
wasn’t ready for me in a skin-tight
body suit! Hell, even the dog wouldn’t
leave the house with me in my
Spandex bike shorts.
After seeing me, PJ was not quite
as confident that she could get me
into shape in 8 months, saying only
that she would see what she could
do. She also said I had better get my
doctor’s permission before we did
anything strenuous!
My next phase of getting into
shape for the Brigade was to sign on
with a paddling team. I managed to
get a seat in a six-person outrigger
canoe with a women’s dragon boat
team in Winter training. Again, my wife
suggested I buy new gear. The gloves
alone were over $45. Again, I felt my
old sweats with my power-saw gloves
would do the job.
I must say I was quite looking
forward to my Sunday afternoons out
on Nanaimo Harbour with the ladies.
A little fresh air and perhaps a stop
at the Dinghy Dock Pub to re-hydrate.
When I showed up on the dock, after
a leisurely large lunch at home, I was
met by five younger, very fit ladies
dressed in the latest paddling attire.
Our instructor explained outrigger
canoeing and the various Hawaiian
terms. The pontoon was called an
ama; every 13 strokes, the third
person would yell hut and on the next
stroke, we would all yell ho and switch
paddling sides. Huli was the term for
flipping the boat over. I thought that
was a perfect name; you could almost
Volume 20 Number 1 Spring 2011
see the outrigger flipping upside down
when you said huli.
Our instructor had us do a warmup
stretch/dance. I dance only to Moon
River after a few drinks and must have
missed school the day they did left
and right. To the onlooker, we (I) must
have made a strange sight: Five young,
fit, well-dressed women in sync with
one another, dancing on the dock, and
an old guy in sloppy sweats, totally out
of sync.
“I discovered that I scream
the same way whether
I am about to be devoured
by a shark or my toes
just touch seaweed”
We were off in the canoe and, to my
consternation, it was not the leisurely
paddle I had envisioned. I soon regretted
my large lunch and was, in the words
of Baxter Black, “nudging that fine line
between good taste and throwing up in
your hat”! I wondered if the Hawaiians
have a cute term for that? We made it
back to the dock an hour-and-a-half
later. I don’t think I embarrassed myself
too much, although my wheezing and
whimpering may have caused the others
to take more breaks than they normally
would have.
My next outing was with my
instructor in an OC2, a two-person,
narrow, sit-on-top outrigger canoe.
Within 15 minutes I was exhausted
and probably didn’t ho after a hut, and
we ended up upside down in Nanaimo
Harbour! My instructor righted the canoe
and hopped up onto it. There was just
no way we could get my 260-pound,
out-of-shape body—with 70 pounds
of wet sweats—up on that slippery-withno-handles canoe, so she told me to
hang on and she would tow me to shore.
Between my moans and my chattering
teeth, I started thinking that if the Save
The Whales people were on shore when
we arrived, they would probably want to
roll me back into the water.
Out of concern for my increased
snivelling, my instructor pulled into
a dock, grabbed my life jacket by
The Scrivener
the shoulders, and with all her might
started to haul my sorry ass out of the
water. She almost had me out when
I pivoted on my lower rib. What’s the
expression . . . “I discovered that
I scream the same way whether I am
about to be devoured by a shark or my
toes just touch seaweed”?
It was becoming obvious I had
a natural talent for humiliating myself
. . . and I was surprised with the poor
physical shape I had allowed myself to
get into.
When I got home, I started selfmedicating with Tylenol and beer. Just
as the pain was abating, our septic
system backed up. A phone call to
a friend who works for a sewer and
septic-sucking company identified
the problem, which necessitated our
spending the next hour out in the
pouring rain, unearthing a doorway to
septic hell, three-and-half-feet down.
We managed to correct the problem.
My wife put me to bed with
an electric heating pad. The next
day, between fits of laughter (his),
my doctor confirmed I had a badly
cracked rib and gave me a prescription
for pain-killers. He also signed the
permission slip for me to work with
a personal trainer, saying that should
be good for a few giggles.
It took a few months for my ribs
to heal. I never went back to the gym
for training. I just could not bring
myself to be worked over by a personal
trainer. And, I did not go back to the
first canoeing group.
With the money I saved on my
wife’s Christmas present, I bought
myself a beautiful 17-foot aluminum
Grumman canoe. (I bought my wife
a lovely 3-CD boxed set of “Polka Till
You Drop” accordion music for $7.98.)
My plan was to spend afternoons out
on the lake, paddling my way to fitness.
Since Christmas, I have been sleeping
in the canoe so that part of my training
has not panned out. I just cannot bring
myself to spend any more time in the
canoe than I already am.
I have joined another ladies dragon
boat team, training in OC6 outrigger
canoes, and it has been brutal. Again,
they are younger, fit, and look sharp in
79
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7T]TTSbh^daWT[_
E
ach year the BC Society for the
Prevention of Cruelty to Animals helps
more than 36,000 abused, sick, homeless,
injured, lost and neglected animals across
BC through its 37 branches.
the latest paddling gear, in contrast to
me in my sweats. They have been quite
kind and avert their eyes when I am face
down on the dock after paddling and
even seem to be impressed that I have
experienced a huli.
I really doubt I will be in shape in
time for the Brigade, and I have gone
back to the source of my woes, the
computer.
I have made up an official-looking
certificate from the Acme Academy
of Canoeing, saying that I graduated
Magna Cum Laude in canoe
sternsmanship and steering. Yep,
that’s right. I plan to sit in the back
of the canoe where no one can see
me and let the others paddle me to
Astoria while I sip chilled Chardonnay
from my water bottle.
The Hawaiians have a name for
that! He po’e ho’opiha wa’a. Canoe
Fillers. Riders in a canoe who do
nothing to help. I wonder if David
Thompson and crew had an expression
for “canoe fillers.”
For information on the North
American Land Surveyors Team and
Mark’s training progress, visit http://
www.skylark.ca/nals.htm.
PS: At one stage of our journey, the
NALS team will include five very
“special” members. I am thinking
that will be a “World-First in a Canoe”
for Guinness to add to their Book
of Records. And there must be a great
joke in there somewhere . . .
Your support enables us to resuce animals
in need and give them a second chance
at life.
Please help us by making a donation or
leaving a gift to the animals in your Will.
To find out how, visit us at
spca.bc.ca/donate or contact:
John Hoole, Senior Manager, Gift Planning
Email: [email protected]
Phone: (250) 388-7722 Ext 225
spca.bc.ca
BCSPCA
SPEAKING FOR ANIMALS
“Three bagpipers, an astronaut, and
a belly dancer were going downstream in
a canoe . . .”
We have also sent an invitation to
Sarah Palin to join our team. Stay tuned
for more articles from NALS . . . s
Mark McGladrey, BCLS, CLS, has been
a BC Land Surveyor for almost 40 years.
During his career, he has worked all over
the world. Mark, his wife Diane, Kode
Dog, and two cats live in Yellow Point near
Nanaimo, BC.
[email protected]
80
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
PRIVATE RECIPE
Morphed Pork and Beans
Mark and Diane McGladrey have
enhanced the Pork and Bean
Experience! This dish will taste even
better after a day on the water
during the David Thompson 2011
Columbia Canoe Brigade!
Pork Tenderloin In Orange Sauce
Ingredients
¼ tsp. paprika
¼ tsp. fresh black pepper
¼ tsp. sea salt
1 tbsp. canola oil
1½ lbs.pork tenderloin
¾ cup orange juice
2 tbsp. granulated sugar
2 garlic cloves
½ tsp. orange zest (grated peel)
2 tbsp. all-purpose flour
¼ cup water
Volume 20 Number 1 Spring 2011
Preparation
Black Bean Salad
• Pre-heat oven to 300º F.
Ingredients
• D
ry-rub both sides of the
tenderloin with combined paprika,
pepper, and sea salt.
• In a large sauté pan, brown the
pork on all sides in the canola oil.
When pork is golden brown, place
pork on a cookie sheet in oven
(or on the BBQ rack); cook at
300º F for about 35 minutes.
• In the same sauté pan, combine
orange juice, sugar, garlic cloves,
and zest. Cook 5 minutes on
medium heat. Stir a watery paste
of flour and cold water into the
sauce until it is smooth and
beginning to thicken.
• R
emove tenderloin from oven and
let rest 10 minutes. Slice into
medallions and drizzle with pan
sauce.
The Scrivener
1 can (15 oz.) black beans,
rinsed and drained
1 medium mango, peeled and
chopped (about 1 cup)
1 small red bell pepper, chopped
(about ½ cup)
¼ cup sliced green onions
(2 to 3 medium)
½ tsp. orange zest
2 tbsp. orange juice
1 tbsp. red wine vinegar
Preparation
Mix all ingredients. s
Diane and Mark McGladrey
81
TAXES
Kathy Edwards
Seven Ways to Be Nice
to Your Accountant . . . and Save
Money at the Same Time!
W
hile a tax accountant
is not always known
for his or her snappy
fashion sense or effervescent
personality, we are generally
known to be quite nice . . .
and helpful.
In fact, despite the ridiculous hours
we keep over personal tax season and
the extended period of sleep deprivation,
we still try to help our clients as much as
we can and be as pleasant as possible
while we are doing it.
You may think this article is
a little “self-serving” (and it really
is), but it’s also intended to help you,
because the tips provided below will
help save you money.
Accountants generally charge
for their services based upon time.
The more time it takes to complete
a personal tax return, the more you
will likely be charged. Therefore, it is
in your own best interests to “be nice
to your accountant” and make his or
her job easier.
Seven Ways to be Nice
to Your Accountant
1. Be organized.
If you’re not, it is hard for your
accountant to be. Deliver all your
information at the same time.
82
Dropping off bits and pieces over time
doesn’t allow your accountant to be
efficient; work must stop and start as
each missing item is submitted.
2. Categorize and tally your receipts.
If you have a business or rental
property, sort and add your own
receipts. Staple together receipts
of the same category and record the
total. That can save your accountant
lots of time. Do you really want to be
charged for each hour it takes to add
your year’s gas receipts?
Do you really want
to be charged for each hour
it takes to add
your year’s gas receipts?
3. Summarize your information.
Tallying the totals is very good, but
the next step is preparing a summary
of your revenues and/or expenses
for your business, rental property,
or employment expenses. If you
can hand your accountant a sheet
that summarizes the information in
a format similar to that required on
your tax return, lots of time (read:
Accounting fees) can be saved. If
you’re not sure how to present the
information, ask your accountant.
He or she will gladly show you how
it needs to be presented on the tax
return.
The Society of Notaries Public of British Columbia
4.Don’t include your vet bills
with your medical receipts.
They’re not eligible medical expenses.
Do you really want your accountant
contemplating your “de-worming” or
“flea remedies” before he notices your
dog’s name on the bill?
5.Don’t include any information you
don’t want your accountant to review.
If you deliver a box or a pile of papers,
your accountant likely will feel
compelled to scan each document
because surely they were included for
a reason? That takes time and costs
you money. If you are not sure if your
accountant requires certain information,
ask first. If that information is not
required, remove it from the pile.
6. Provide your tax information early.
Even if you plan to deliver all your
information at once, often a slip or
two seems to take forever to arrive. In
those circumstances—and before it
gets too close to the filing deadline—
it’s best to deliver the organized
information you already have to let
your accountant get started on your
return—well before the “eleventh
hour”—and generally do a better job
for you. The return can be drafted
and simply not finalized until those
last slips arrive. You may find your
accountant in a much better mood
earlier in the season. Toward the
end, their smiles may become a little
brittle and their replies a little curt!
Volume 20 Number 1 Spring 2011
7. Talk to your accountant.
If you had a significant event in the
year, let your accountant know . . .
for example, marriage, separation,
new baby, new home, or illness in
the family. All sorts of information
can affect your tax return and your
accountant may not be aware of the
change. A phone call or short chat
with your accountant when you deliver
your information is always a good
idea, and can help save the cost
of amendments at a later date.
Support your client’s
inspired giving
One in three Canadian deaths are
caused by Heart Disease and Stroke
Your Client’s Gift Will Save Lives
Call or email for a free
Legacy Planning Kit:
Melanie Brooks
Bequest Coordinator
[email protected]c.ca
604-730-7370
www.heartandstroke.bc.ca/givingbywill
www.heartandstroke.bc.ca
Closing Comments
For the last 4 years, I have written
various articles for The Scrivener that
were intended to inform and educate.
Hopefully, some of the information
provided over the years has been
helpful. With this, my last article,
I also hoped to put in a word for my
peers—and if being “nice” to your
accountant can save you money, well,
why not?
On that note, I wish to express my
sincere gratitude to The Scrivener for
allowing me the opportunity to write.
I have thoroughly enjoyed the process,
greatly appreciated the awesome
editing expertise and experience
of Val Wilson, Editor-in-Chief, and
been repeatedly impressed by the
input I have received from various
readers. Although other commitments
will, unfortunately, preclude me from
writing for The Scrivener in the future,
I certainly intend to continue reading
the magazine! s
Estate
Litigation
I can help.
• Past President, TLABC
• Past Chair Wills &
Trusts Section, CBA
• Over 36 years of
litigation experience
Kathryn G. Edwards, CA, is a partner
with Pagnanini Edwards Lam, Chartered
Accountants.
Trevor Todd
[email protected]
Wills
Estates
Estate Litigation
Thank you so much, Kathy,
for your excellent efforts for
The Scrivener over the years.
We have enjoyed your articles
and certainly learned from them.
We wish you all the best!
Val Wilson
Volume 20 Number 1 Spring 2011
Referrals Welcome.
P | 604 264-8470
www.disinherited.com
E | [email protected]
The Scrivener
83
BC HISTORY: PART 11
Bob Reid
The Railway Belt
in British Columbia
Please see Archives at www.notaries.bc.ca/scrivener.
Part 1: Part 2: Part 3: Part 4: Part 4A: Fall Fall Winter Winter Spring 2002 2003 2003 2004 2005 Vol. 11, No. 3
Vol. 12, No. 3
Vol. 12, No. 4
Vol. 13, No. 4
Vol. 14, No. 1
N
ovember 7, 1885,
the last spike marking
the completion of the
Canadian Pacific Railway
was driven at Craigellachie
in Eagle Pass.
That momentous event fulfilled
the promise made by the Dominion
of Canada to link British Columbia to
Canada when British Columbia joined
Confederation in 1871.
In Article 11 of the Terms
of Union (Canada, Statutes, 1872,
35 Vict. p. Xcii), the federal
government undertook to commence
simultaneously the construction of the
railway within British Columbia from
the Pacific toward the Rocky
Mountains, and from such point as
may be selected east of the Rocky
Mountains toward the Pacific, to
connect the seaboard of British
Columbia with the railway system
of Canada, within 2 years from the
date of Union (1871) and to complete
it within 10 years, that is, by 1881.
But those time limits were not
met. Construction did not start in
earnest until 1880 and the railway
84
Part 5:
Part 6: Part 7:1
Part 7:2
Part 7:3
Winter Summer Fall Winter Spring 2006 2007
2007
2007
2008
Vol. 15, No. 4
Vol. 16, No. 2
Vol. 16, No. 3
Vol. 16, No. 4
Vol. 17, No. 1
was not completed until 1885. See
previous articles discussing the period
from 1871 to 1885, in The Scrivener.
Part 7:1 Fall 2007, Vol. 16, No. 3
Part 7:2 Winter 2007, Vol. 16, No. 4
Part 7:3 Spring 2008, Vol. 17, No. 1
Part 8: Spring 2009, Vol. 18, No. 1
Part 9: Fall 2009, Vol. 18, No. 3
Part 10: Summer 2010, Vol. 19, No. 2
It should be noted that in
1871, there was no mention
of the “quality” of the lands
to be included in the Railway
Belt, only the quantity.
The issue of “quality”
would arise later.
In return for the promise of the
railway, the Province agreed to convey
to the Dominion, “in trust,” a belt
of public lands 20 miles on either
side of the track of the proposed rail
line in British Columbia throughout
its entire length in BC. This 40-mile
belt is called the Railway Belt. It
was intended that the sale of these
lands would lessen the financial cost
of building the railway.
The Society of Notaries Public of British Columbia
Part 8:
Part 9:
Part 10:
Part 11:
Spring
Fall
Summer
Spring
2009
2009
2010
2011
Vol. 18, No. 1
Vol. 18, No. 3
Vol. 19, No. 2
Vol. 20, No. 1
But the transfer of lands within
the Railway Belt from the Province to
the Dominion could not occur until the
route of the railway was determined.
And in 1871, the route of the
proposed Canadian Pacific Railway
across British Columbia was unknown;
so, consequently, was the location
of the Railway Belt. But whatever route
was ultimately selected, it was certain
that the Province prior to entering
Confederation would have alienated or
sold to private interests lands within
the Railway Belt, either under preemption rights or by Crown grants.
For this reason, the Province
agreed in Article 11 to make good
from contiguous public lands the
quantity of those alienated lands to
ensure the Dominion received the total
quantity of land within the 40-mile
tract of the Railway Belt.
The purpose for granting the
additional lands was to ensure the
Dominion would receive the maximum
benefit from the sale of the Railway
Belt lands to settlers. It should be
noted that in 1871, there was no
mention of the “quality” of the lands
to be included in the Railway Belt, only
the quantity. The issue of “quality”
would arise later.
Volume 20 Number 1 Spring 2011
The entry of British Columbia into
Confederation in 1871 met with
considerable opposition in the House
of Commons. Concerns were raised
about the costs of constructing
a transcontinental railway through
the muskeg of the Canadian Shield
north of Lake Superior; the vast,
empty lands of the Prairies; and the
sea of mountains in British Columbia.
The Liberal opposition did not
believe the enterprise was financially
viable, and there were doubters even
among the members of Sir John A.
Macdonald’s Conservative government.
Who would pay
for it—the taxpayers
of Canada? The
government assured
the sceptics that the
cost of building the
transcontinental railway
Sir John A.
Macdonald
was a manageable
expense and there would be no need
to increase taxation in Canada to
pay for it. Plus ça change, plus c’est
la même chose.
The House was informed that the
uppermost cost of construction of the
railway would be $100 million and
that the sale of lands in the Railway
Belt would pay for half that amount.
For that reason, the quantity of the
Railway Belt lands was an important
issue.
Initial estimates were that the
40-mile tract of land would comprise
24,000 square miles of land or
50,360,000 acres of agricultural
and mineral land. Note: This was
a clerical error and should have been
15,360,000 acres or, in today’s
terminology, 6,215,971.46 hectares.
(See Robert E. Cail, Land, Man, and
the Law. The Disposal of Crown Lands
in British Columbia, 1871 – 1913,
UBC Press, 1974, p. 128.)
The federal government placed
a value of $1 per acre on the
land that would provide for a sum
of $50,360,000 being available to
pay for the construction of the railway.
But since the actual amount of land
was much less, the sale would return
only $15,360,000. That was a major
error; it made little difference, however,
Volume 20 Number 1 Spring 2011
because Macdonald’s government was
determined that private enterprise
would build the railway so the Canadian
taxpayer would not foot the bill.
Even with Macdonald’s
assurances, the Terms of Union did
not have an easy passage in the
House of Commons, notwithstanding
that the Conservatives had a 3-to-1
majority in the House. The agreement
passed on the undertaking by the
government that the railway would
be built by private enterprise and
not by the Dominion of Canada.
Private enterprise would be assisted
of course by liberal grants of land
along the route of the railway and by
such subsidies in money or other aid
as Parliament should determine.
The entry of British
Columbia into Confederation
in 1871 met with
considerable opposition
in the House of Commons.
And, it was hoped that British
assistance would be made available
if needed since the proposed
transcontinental railway would provide
a direct and secure link through British
territory to Britain’s possessions in
Australia and Asia.
The trials and tribulations
involved in the construction of the
transcontinental railway have been
discussed in previous articles (see
above). The charter for the first
Canada Pacific Railway Company
was given to a syndicate controlled
by the wealthy but unscrupulous Sir
Hugh Allan.
This enterprise
ended when
Sir John A.
Macdonald’s
Conservative
government
was defeated
in the House
of Commons
in 1873 as
a consequence
of the Pacific
Scandal.
Hugh Allan
The Scrivener
During the general election
of 1872, Macdonald had unwisely
sought money payments from
Allan. When the Liberal opposition
obtained evidence of this, it accused
Macdonald of selling the charter in
return for Allan’s financial support.
Macdonald was forced to resign when
some of his supporters defected to
the opposition ranks.
But the
Liberal government
of Alexander Mackenzie
had the ill-fortune
to come to power
when Canada, and
the world, was in
Alexander
the grip of a severe
Mackenzie
depression. The
Liberals, who were deeply antagonistic
to the transcontinental railway, had
little choice but to continue with the
Terms of Union as agreed with British
Columbia. Otherwise it may have
witnessed British Columbia seceding
from Confederation.
The Liberals decided to build
the railway as a public enterprise,
constructing segments of it under
the supervision of the Department
of Public Works.
Work progressed slowly
during the 5 years of Mackenzie’s
administration. Not only was his
government restrained financially by
the depression, but by the difficulty
of discovering a route through the
sea of mountains in British Columbia.
The latter problem was made worse
by the thorny issue of whether or not
Victoria would be the western terminus
of the railway.
Matters took a turn
for the better when Sir
John A. Macdonald’s
Conservatives returned
to power in 1878.
The depression
had ended and
a decision was made
Andrew
Onderdonk
to tender contracts for
construction of that portion of the
railway from Yale to Savona’s Ferry.
Those contracts were awarded to
Andrew Onderdonk who commenced
work in 1880.
85
Engineering survey party
Ballast Train
“Yale” at work
Tracklaying machine
“Yale” Lettered Canadian Pacific Railway.
It was actually owned by contractor
Andrew Onderdonk.
And also in 1880, the Dominion
signed a contract with a new syndicate
of private enterprisers to build the
transcontinental railway. In 1881
a new Canadian Pacific Railway
Company was incorporated. The
members of the syndicate agreed to
build the railway in exchange for $25
million from the Canadian government
and a grant of 25 million acres
(10,117,141 hectares) of land.
Those sections of the railway
already constructed by the government
were given to the new company
that was also exempted from paying
property taxes for 20 years.
The anticipated prosperity the
railway was to bring to the Province
once again raised the expectations
of British Columbia. And once again
those expectations were put on hold
because the CPR and the Dominion
had seriously underestimated the cost
of building the railway and by 1883,
the CPR was in danger of running out
of funds.
86
Andrew Onderdonk’s locomotive
No. 4 “Savona”
Locomotive #8 “Humboldt”
The first transcontinental
passenger train departed
from Montreal on June 28,
1886, and arrived at Port
Moody on July 4, 1886.
Shield were incomplete, troops were
transported by sled over those sections
of the route and onward by rail to the
North West. Fortune now smiled on
the railway. The government provided
a last-minute loan of $5 million that
allowed the CPR to complete the
laying of track by November 1885.
In 1884, Macdonald’s government
reluctantly provided an additional
$22.5 million in loans to the CPR.
That money was quickly spent and by
early 1885, the CPR faced bankruptcy.
Macdonald, worn out by the political
battles over the funding of the railway,
refused to ask the House of Commons
for additional funds. The dream
of a transcontinental railway linking
Canada sea-to-sea appeared to be over.
It is interesting to note that the
dire financial straits faced by the CPR
caused so many cost-cutting shortcuts
to be taken in constructing the railway
that regular transcontinental service
could not start for another 7 months,
until the track was improved. The
first transcontinental passenger train
departed from Montreal on June 28,
1886, and arrived at Port Moody on
July 4, 1886.
But in the Spring of 1885, disaster
was averted when the Riel Rebellion
broke out in the North West. The
rebellion was quickly quashed by troops
sent by rail from Central Canada.
But what happened during the
years from 1871 to 1885 with respect
to the Railway Belt?
Even though sections of the
CPR track through the Canadian
The Society of Notaries Public of British Columbia
Under what statutory authority did
British Columbia propose to make the
grant of lands in the Railway Belt to
the Dominion of Canada?
Volume 20 Number 1 Spring 2011
The Province took the position
that the colonial 1870 Land Ordinance
provided it with the necessary
authority. But since the Dominion
disagreed, the Province enacted
the 1875 Land Act, (B.C., Statutes,
1875, 38 Vict., no. 5), authorizing
the reserve of any lands not otherwise
lawfully held by record, pre-emption,
purchase, lease, or Crown grant, for
the purpose of conveying the same to
the Dominion Government, “in trust,”
for the use and benefit of the Indians,
or for railway purposes, as mentioned
in Article 11 of the Terms of Union.
Under the Terms of Union, British
Columbia had agreed not to sell or
alienate any more public lands within
the Railway Belt in any other manner
than by right of pre-emption, which
required actual residence of the preemptor on the land claimed by him.
The restrictions the 1875 Land Act
placed on the sale of public lands by
land grants severely hampered the
Province’s revenue-raising capabilities.
And, without knowing the location
of the Railway Belt, there could be no
sale of these lands to settlers by the
Dominion. This restriction hampered
settlement, which hindered economic
growth in the Province.
British Columbia had entered
Confederation heavily burdened by the
debt of building the Cariboo Road to the
gold fields in the Interior. It expected the
railway would bring prosperity.
In fact the opposite occurred.
An economic depression settled on
the Province and the government
of Premier Walkem faced serious
financial difficulties. The finger
of blame for these provincial problems
pointed to the Dominion for not
starting construction of the railway
within the 2-year period agreed in the
Terms of Union.
By 1878, relations between the
Dominion and the Province deteriorated
to the point that the latter threatened
to secede from Canada. The provincial
government of Premier Walkem, faced
with increasing financial hardship,
increased the levy on all goods entering
the Interior of the Province.
Volume 20 Number 1 Spring 2011
The Dominion disallowed this
measure on the grounds it would
hamper railway construction and
because it infringed on the federal
prerogative of regulating trade and
commerce. Relations worsened
when the Province enacted similar
measures, which the Dominion also
disallowed. One of those acts placed
a heavy toll on rice—an attempt by
the Province to discourage the use
of Chinese labour by the railway.
When Macdonald’s Conservative
government was returned to power in
1878, important decisions were made
concerning how the railway would be
built and its route. It was decided
definitely that the western terminus
would not be Victoria, but tidewater on
Burrard Inlet at Port Moody. Therefore,
the main track of the railway would be
down the Fraser Canyon and through
the Fraser Valley.
By 1878 relations
between the Dominion
and the Province
deteriorated to the point
that the latter threatened
to secede from Canada.
In anticipation of the Yellowhead
Pass in the Rockies being the route
through the mountains, the Provincial
government by an Order-in-Council
in August 1878 reserved a 40-mile
tract of land from the Yellowhead Pass
to tidewater on Burrard Inlet. These
Railway Belt lands were transferred to
the Dominion of Canada in 1880 (BC
Statutes, 1880, 43 Vict., c.11). This
transfer, however, proved premature
because in 1882, the Kicking Horse
Pass was selected as the route for
the Canadian Pacific Railway, so new
legislation would be required. That did
not occur until 1884.
The Province had transferred
the Railway Belt lands in 1880 in
the expectation the Dominion would
open them to settlement as soon as
possible. The Province hoped the
increased emigration would create
much-needed prosperity.
The Scrivener
That did not occur. In fact the
Dominion did not even issue regulations
to facilitate the settlement of the
lands in the Railway Belt. Premier
Walkem complained bitterly that this
lack of action by the Dominion was
deleterious to development in the
Province. And it clearly was.
The Province’s
grievances with the
actions, or inactions,
of the Dominion
continued to sour
relations between it and
the federal government.
William
The bickering continued
Smithe
until 1883 when the newly
elected Premier William Smithe made
it his policy to resolve all the difficulties
between the Province and the Dominion,
including the route of the Canadian
Pacific Railway, the construction
of the Island railway, the construction
of the dry-dock at Esquimalt, and the
amount of compensation for delay
in the construction of the Canadian
Pacific Railway.
The result was an Act relating to
the Island Railway, the Graving Dock,
and Railway Lands of the Province,
better known as the Settlement Act
of 1884 (BC Statutes, 1884, 47
Vict., c. 14). It passed quickly in
the provincial Legislature with little
opposition because the members
of the Legislature were eager to see
the end of the intergovernmental
fighting and to improve economic
conditions in the Province.
When Sir Charles Tupper, the
Dominion Minister of Railways and
Canals, introduced the corresponding
legislation (Canada, Statutes,
1884, 47 Vict., c.6) in the House
of Commons, however, it met with
some opposition.
The Settlement Act of 1884
transferred all public lands in the
Railway Belt—the 40-mile tract of land
from the Kicking Horse Pass to Port
Moody—to the Dominion of Canada.
So, for the last time, a 40-mile tract
of land containing 10,976,000 acres
was conveyed to the Dominion. Thus
the Railway Belt as envisaged in the
Terms of Union was finalized.
87
There were, however, two other
transfers of provincial lands to the
Dominion. A block of 3,500,000
acres in the Peace River region
of the Province—it was not until
1906 that the exact location of this
block was determined—and a parcel
of 1,900,000 acres—over 20 percent
of Vancouver Island—were conveyed
to the Dominion in exchange for the
building of the Island railway.
It was hoped that the building
of the Island railway would mollify the
feelings of the Islanders who remained
embittered over the decision that
Victoria would not be the western
terminus of the transcontinental
railway. This parcel was then turned
over by the Dominion
to the Esquimalt &
Nanaimo Railway (E&N
Railway), controlled by
Robert Dunsmuir, the
wealthy coal baron who
had agreed to build
the Island railway from
Robert
Dunsmuir
Esquimalt to Nanaimo.
The Dominion also agreed to pay
Dunsmuir’s company $750,000 to
build this railway. That money was the
amount the Dominion had agreed to
pay to the Province as compensation
for the delay in building the railway.
(See article in The Scrivener, Spring
2009, Vol. 18, No. 1, The Esquimalt
& Nanaimo Railway and Robert
Dunsmuir, pp. 63 – 71.)
Besides the land transfers in
the Settlement Act, the Dominion
agreed to complete the dry-dock at
Esquimalt and to pay $250,000 to
the Province as compensation for the
expenses incurred by the Province on
its construction.
The amount of land transferred
by the Province was “staggering.” It
marked the first time the Province
“gave away” large tracts of land to
gain an economic benefit for British
Columbia. It would not be the last
time. British Columbia, throughout
its history, has granted large tracts
of public lands and/or of natural
resources to investors in the hope
these “gifts” would promote economic
growth, which in turn would hopefully
increase provincial revenues.
88
One such enterprise was
undertaken in 1950 when the
Province and Alcan Aluminium Ltd.
signed an agreement to divert water
in the Nechako watershed to generate
electricity at the Kemano Generating
Station to power an aluminium smelter.
The town of Kitimat was created to
house the workers. The huge reservoir
created by draining 14,000 square
kilometres (5450 square miles) of the
Nechako River watershed flooded 300
square miles.
At a cost of $500 million ($3.3
billion in today’s dollars), it was the
largest privately funded construction
project ever undertaken in Canada.
But economic growth came at a high
cost as the waters of the reservoir
flooded settlers’ homesteads, the
villages and burial grounds of the
Haisla people, and a million board feet
of prime timber.
The vital question is whether
these land and resource
grants have benefitted the
Province in the long run?
The drainage also disrupted
fish habitat in North Central British
Columbia. Alcan, now owned by RioTinto Alcan, has recently announced
it will be spending up to $2 billion to
upgrade the smelter, but it will operate
with fewer workers.
The vital question is whether
these land and resource grants have
benefitted the Province in the long
run? Time and history should be able
to determine the answer, but perhaps
the answer depends on who is asking
the question.
In 1884 a few members of Parliament representing Mainland
ridings in British Columbia challenged
the “giving away” of large and valuable
tracts of public lands in the Settlement
Act. Apparently this dissent was
unexpected for there had been almost
no opposition raised in the Legislature
when the Province had earlier enacted
its version of the Act.
And, Premier Smithe, in his desire
to have the matter resolved quickly, had
The Society of Notaries Public of British Columbia
even travelled to Ottawa to demonstrate
his support for the passage of the Act
in the House of Commons.
The opposition in the House
of Commons focused mainly on
the transfer of 1,900,000 acres on
Vancouver Island (the E&N grant) for the
benefit of the Esquimalt and Nanaimo
Railway Company, a private company
controlled by Robert Dunsmuir, a man
detested by his political enemies over
his treatment of his miners.
Besides the land, the E&N grant
included all the rights to the natural
resources and minerals, worth some
estimated $20 million, including 450
square miles of valuable coal lands,
which arguably gave Dunsmuir a coal
monopoly over coal production on the
Island. For all this largesse, he was
obliged to build a railway 70 miles in
length at a cost of $2,250,000.
There is no question the E&N
Railway “deal” was a great give-away
of resources for little in return. But
who was at fault for it? The Islanders
insisted, almost fanatically, that
an Island railway be built. Robert
Dunsmuir was the only person willing
and able to build it. And he knew it.
In 1875, when the Province
still retained hope that the terminus
of the transcontinental railway would
be Victoria, it offered to transfer
to the CPR almost 2 million acres
of land in a grant that extended from
Victoria north to the Seymour Narrows
at the location where the railway would
cross to the Island from the Mainland.
Dunsmuir not only demanded
to be given that same land grant,
which included some of the most
fertile land on Vancouver Island, but
also the $750,000 subsidy that had
been offered to the CPR if it would
build the Island railway as part of the
transcontinental line, and other
concessions, including freedom from
taxation for the railway lands.
For all this, he proposed to
build a 70-mile line from Nanaimo
to Esquimalt even though the E&N
grant extended some 85 miles north
of Nanaimo. Dunsmuir got everything
he demanded.
Note: It is interesting that unlike the
Volume 20 Number 1 Spring 2011
lands in the Railway Belt and the
Peace River block, the E&N grant
remained under provincial jurisdiction
for the purposes of surveying and land
division matters.
In the House, Tupper attempted to
justify the E&N grant on the basis that
much of the land along the route of the
Island railway was “somewhat rocky
and precipitous, and to a considerable
extent, barren country” (Canada, House
of Commons, Debates, 1884, pp.
1024 – 1025, March 21, 1884, in Cail,
supra, p. 139).
But Dunsmuir did not insist on
being given the large land grant for
settlement purposes; he wanted to
gain control of the natural resources—
primarily the coalfields within the grant,
and to use the railway to transport coal
from his existing coalmines at Nanaimo
to the naval base at Esquimalt.
Tupper claimed
the E&N grant did
not create a coal
monopoly because
there were many large
coalfields outside the
lands given to the
E&N Railway simply
Sir Charles
Tupper
awaiting development.
There may have been, but none was
developed for many years.
The debate in the House recorded
the division between the elected
members from the Mainland and those
from Vancouver Island. The political
differences between them coloured the
politics in the Province for many years
to come. The Islanders supported
the E&N Railway because their
constituents viewed the Island railway
as compensation for Victoria not being
the western terminus of the CPR.
Somewhat prophetically, however,
a Mainland MP warned his Island
counterparts that the E&N grant would
hamper the future efforts by local
government on the Island in opening
up and developing Island resources.
(See, Cail, supra, p. 141.)
But, even attempting to take into
account the mood of the times, it is
difficult to accept that the E&N grant
provided a benefit in the long run to
the Province. The expense of building
Volume 20 Number 1 Spring 2011
the E&R Railway has been paid many
times over by the sale of lands and
natural resources in the grant.
Why did the Settlement Act
include a block of 3,500,000 acres
in the Peace River region?
In the 1871 Terms of Union, the
Province had agreed to make good
from contiguous lands the amount
of land it had alienated in the Railway
Belt. According to Cail, supra, page
142, about 900,000 acres of land in
the Railway Belt had been alienated
up to 1883 (this figure was later
lowered to 800,000 acres).
So why were another 2,600,000
acres in the Peace River region
included in this transfer?
So why were another
2,600,000 acres in the
Peace River region included
in this transfer?
The 1880 legislation creating
a Railway Belt, when the proposed
route was thought to be through the
Yellowhead Pass, had not contained
any additional lands in the Peace River.
The reason was because in 1884,
during the discussions between the
Province and the Dominion over the
terms of the Settlement Act, the
Dominion argued that much of the
public land transferred within the
Railway Belt was not of “fair average
quality.”
The issue had first been raised
in 1874 when the Liberal government
of Alexander Mackenzie claimed that
preliminary surveys by Dominion
surveyors indicated the Dominion
had been misled about the amount
of land to be transferred in the Railway
Belt that would be “good” land for
settlement purposes.
The Liberals included in the
Railway Act of 1874 (Canada,
Statutes, 1874, 46 Vict., c. 14)
a clause that the lands to be conveyed
must be of “fair average quality.”
In the debate in the House
of Commons in 1884 over the passage
of the Settlement Act, Tupper stated
The Scrivener
the reason for the addition of the
Peace River block was because much
of the land in the 40-mile tract
of the Railway belt was perpendicular
and totally unsuited or useless for
agricultural purposes and as such,
additional lands were needed to
adequately compensate the Dominion.
He explained that this matter had
been discussed between the official
agent for the Dominion government,
Joseph Trutch, and the government
of British Columbia, and that the
latter had made the proposal of the
additional lands in
the Peace River to the
Dominion. Apparently
it was Trutch who was
responsible for the
inclusion of the Peace
River block in the
Joseph Trutch Settlement Act.
It is interesting to note it was
Trutch who had assured the Dominion
at the time of negotiations for British
Columbia to join Confederation that
much of the land to be included in
the Railway Belt tract would be fertile,
agricultural land. In 1871, Macdonald’s
Conservative government relied upon
Trutch’s assurances to allay the fears
of those who were concerned about the
cost of constructing the railway.
Joseph Trutch’s close ties to Sir
John A. Macdonald served him well. In
1871 he was appointed the Province’s
first Lieutenant-Governor. And, after the
return of the Conservatives to power
in Ottawa in 1878, he became the
Dominion’s confidential and official
agent in BC with particular interest for
railway matters and land settlement. He
left office in 1889 and was knighted
by Queen Victoria for his services to
British Columbia and Canada.
Opponents to the transfer of the
Peace River block argued that the
claim by the Dominion that much
of the land in the Railway Belt tract
was “not of fair average quality”
was fallacious. They argued that the
“quality” of the Railway Belt lands
had not been an issue in 1871 and
therefore the Province was under no
obligation to supplement those lands
with additional lands of better quality.
89
And, even if some of the
Railway Belt lands were unsuited for
agricultural purposes, they may have
value as mineral lands.
It appears that the question
of whether the additional lands should
be “in lieu” of the so-called infertile
land within the Railway Belt or should
be “in addition” to them was not
discussed.
If “in lieu,” then the Dominion
would receive the quantity of land
agreed in the Terms of Union when
British Columbia joined Confederation,
and the Province would keep the
infertile lands. But if these lands were
“in addition” to the infertile lands,
the Dominion would receive a much
greater quantity of public lands than
it had agreed in 1871. In fact, it kept
both the fertile and infertile lands.
In 1884 the arguments for not
including the Peace River block fell
on deaf ears for it appears that the
Province, in its desire to resolve the
bickering with the Dominion, did not
object to this change to its commitment
under the Terms of Union in 1871.
The Province acquiesced to the
Dominion’s claim of the poor quality
of much of the land in the Railway Belt
and to its insistence that it receive
equivalent land of quality elsewhere in
the Province. The result was the grant
of a block of land of 3,500,000 acres
in the Peace River.
But it did not take
long for others to have
second thoughts about
the wisdom of “giving
away” so much of the
valuable lands in the
Province. In 1912,
then-Premier Sir Richard Sir Richard
McBride
McBride explained the
reason for the generous terms of the
Settlement Act of 1884; he stated
(see Cail, supra, p. 143) that
y the terms of the “Settlement
B
Act,” the Province, tired of delays
and wearied with fruitless
negotiations, agreed to transfer
3,500,00 [acres] of the best
land in the Peace River District in
lieu of expenditures on the part
of the Dominion, amounting in
90
all to about $1,100,000. These
lands, worth now, at the lowest
valuation, $17,500,000, were
parted with to secure a railway
from Esquimalt to Nanaimo,
costing less than $3,000,000,
which…the Dominion Government
had pledged itself to build
without cost to the Province.
The value of such concession
was not then foreseen. The Treaty
of 1871, as revised in 1884,
was made in misapprehension
of the possibilities of British
Columbia and the development
to accrue from the building
of the Canadian Pacific Railway.
(emphasis added)
The Province acquiesced
to the Dominion’s claim…
and to its insistence that
it receive equivalent land
of quality elsewhere in the
Province. The result was
the grant of a block of land
of 3,500,000 acres in the
Peace River.
For if the Province expected
the enactment of the Settlement
Act and the transfer of public lands
to the Dominion would solve its
financial difficulties, it soon became
disillusioned. Once again, the
Dominion failed to fulfill the Province’s
expectations. Instead of moving
quickly to offer these lands for sale
to settlers, delays arose in processing
settlers’ applications. And there was
little the Province could do because
it had transferred most of the best
agricultural land in the Province to the
control of the Dominion.
The route of the CPR ran through
the Thompson River Valley and
the Fraser Valley, the most heavily
populated and fertile regions in the
Mainland. Lands within the Railway
Belt in these regions that had
been granted to the Dominion were
administered by a set of regulations
established by the Dominion.
The Society of Notaries Public of British Columbia
On the other hand, lands within the
Railway Belt that were not transferred
to the Dominion, because the Province
had previously alienated them, were
administered by a set of regulations
established by the Province.
Add to these problems a fight over
mineral and water rights to Dominion
lands within the Railway Belt.
Which Crown—federal or
provincial—had sovereignty?
The ensuing friction between the
two governments created by these
complications would take another 60
years to resolve. s
To be continued . . .
REFERENCES
Barman, Jean, The West Beyond the
West: A History of British Columbia,
University of Toronto Press, 1991.
Cail, Robert E., Land, Man and the Law.
The Disposal of Crown Lands in British
Columbia, 1871–1913, University
of British Columbia Press, 1974.
Gordon, Katherine, Made To Measure.
A History of Land Surveying in British
Columbia, Sonoris Press, Winlaw, BC,
2006.
La Forest, Gerald V., Natural
Resources and Public Property Under
The Canadian Constitution, University
of Toronto Press, 1969.
Ormsby, Margaret A., British
Columbia: A History, The Macmillan
Company of Canada, 1958.
Taylor, W. A., Crown Grants. A History
of the Esquimalt and Nanaimo
Railway Land Grants. The Railway
Belt and the Peace River Block,
Crown Land Registry Services,
Ministry of Environment, Lands and
Parks, Victoria, 4th reprint 1997.
Williams, David R., “…The Man For
A New Country,” Sir Matthew Baillie
Begbie, Morriss Printing Co., Victoria,
1977.
See also Wikipedia, the free
encyclopedia, at http://en.wikipedia.org.
Robert S. Reid is an Associate Professor
Emeritus of Law. He retired from the UBC
Faculty of Law in June 2003. Bob is also a
retired member of the Notaries’ Board of
Examiners, having taught Property Law to
BC Notary students for almost 20 years.
Volume 20 Number 1 Spring 2011
LETTERS
Thank you
for providing
the Victoria
Foundation with
the opportunity
to demonstrate
its work of
connecting
people who care
with causes that
Winter 2010
matter with your
Volume 19, Number 4
readers.
We have shared copies of
The Scrivener through our network as
well as featured it through a link in our
eNews that is delivered to fundholders
and professional advisors in our
community and to wider audiences
through our social media.
As we celebrate the Foundation’s
75th anniversary this year, we will
be telling the stories of people who
are making a difference today and
for generations through their legacy
gifts. It’s great to hear
someone say, “I read
about that in The
Scrivener.”
Thank you!
Winter 2010
6OLUMEs.UMBER
0UBLISHED1UARTERLYBY4HE3OCIETYOF.OTARIES0UBLICOF"RITISH#OLUMBIA
7AYNE3TRANDLUND
AND(ALI3TRANDLUND
Help create a better
future for everyone
touched by cancer.
).3)$%-AKINGA$IFFERENCE
Publications Mail Agreement: 40010827
Sara Neely,
Director of Philanthropic Services
Victoria Foundation
The many stories in the Winter 2010
issue were very refreshing.
They are the types of stories you
rarely find in newspapers.
More interesting
information has surfaced
about the famous artist
Emily Sartain. [See
Bill’s article in The
Scrivener, Winter 2010,
Emily Sartain
page 76.] A lady in
Victoria who knew Emily has corrected
my pronunciation. Sartain actually
rhymes with “certain,” as in “Sar-tin,”
with the emphasis on the first syllable.
I have been hearing many
anecdotes about Sartain;
the difference she made
in BC history will certainly
outlive all of us.
Bill Pekonen
Volume 20 Number 1 Spring 2011
Discovery needs willing partners.
When your client remembers the BC Cancer Foundation in their will,
they’ll be supporting world-renowned research in BC that is shaping
the future of cancer care.
Please be sure to use the full legal name of our organization:
BC Cancer Foundation
Registration Number: 11881 8434 RR0001
For more information, please contact
Isabela Zabava, LL.B at 604.877.6157
or [email protected]
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The Scrivener
91
TECHNOLOGY
Akash Sablok
Ideal Office Assistants
T
here are a few products
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92
Portable Paperless Power
Fujitsu ScanSnap S1100 Scanner
Say that fast five times and you’ll
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appreciate the portability of the
Fujitsu ScanSnap S1100 Scanner.
Running off a single wire for computer
connectivity and power—a USB wire,
to be specific, the unit is an essential
part of a road warrior’s gear. For
scanning documents, identification, or
even your favourite muffin recipe, the
S1100 is more than up to task.
I tested the unit on a Windows PC
and a Mac; it took about 7 seconds to
scan a letter-size paper, on both. The
unit is a simplex unit—double-sided
documents will need to be passed
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As a time-saver, the included
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To scan a document or photo,
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You can’t go wrong here; there’s only
one button. The unit scans, then
The Society of Notaries Public of British Columbia
straightens the image, detects the size
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Throw in a business card and
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It is much slower than its desktop
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The S1100 is a slim 12 ounces, 10.74”
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Fujitsu ScanSnap S1100, MSRP: $199
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Volume 20 Number 1 Spring 2011
X Marks the Spot
Adobe Acrobat X
Adobe is hitting a milestone with its
latest version of the popular Acrobat
software. Version No. 10—or its
sexier designation X—improves on
what was already a robust version
of the software, Version No. 9.
The X is faster, lighter, stronger.
The free version, Acrobat X
Reader, has most of the same features
of its predecessor but it’s lighter and
loads and runs faster. With the ability
to add and track comments, it’s
a great piece of software to have on
a second (or third) computer.
For serious PDF work, Acrobat X
Pro is what you want. Even if you have
the full version of Acrobat 9, you will
probably want to upgrade.
With Acrobat X, you can now
automatically extract data from filled-in
PDF forms and export the data to Excel.
That is a perfect way to create a database
from your previously generated PDF
forms or new fillable forms.
For example, when an online
form on your Website—or one you’ve
emailed to clients—is completed by
the recipient, and the recipient has
clicked the Submit button, a special
copy of the form is transmitted
back to you. When you open the
returned forms, Acrobat X displays
the responses in spreadsheet format;
you can export the data for use in
a worksheet application or database.
For forms sent out via email,
Version X incorporates a neat contact
management feature; it keeps track
Volume 20 Number 1 Spring 2011
of who has returned the form. You can
now send a reminder email to those
who have not replied.
If you have a PDF form that you
wish to “export” into a Microsoft Word
document, Acrobat X will retain the fonts
and spacing much better than Version
9. That is helpful when you wish to edit
forms downloaded from the Web.
The look and feel of the program
is vastly improved, like a full build
instead of a renovation job.
SEE THE NEED.
WITNESS THE CHANGE.
OPERATING SINCE 1945
We are dedicated to promoting
the health and welfare of
physically, mentally challenged
and disadvantaged children in BC
A slim and trim top-line menu
with only a few basic functions and
a double toolbar with a dozen neat
icons will help you create, edit, and
sign PDF documents.
How
HowCan
CanYou
YouCreate
CreateChange?
Change?
Click on the Tools button and you
get to choose from a buffet of options:
Pages, Content, Forms, Recognize
Text, and a few more.
By Phone
Phone call
call 604-331-2711
604-331-2711
‹t By
t‹ Monthly
Monthly Giving
Giving on
on your
your credit
credit card
card
There are versions to suit
Windows XP, Vista, Windows 7 users,
and Mac O/S.
Files created on any of those
platforms can be edited and printed
without any hassle on another platform.
Adobe Acrobat X: Starts at $199
www.adobe.ca s
Vancouver Notary Akash Sablok,
AJAC (Automobile Journalists
Association of Canada), practises with
his father Tarlok Sablok. Akash writes
regular technology and automotive
columns for several publications
across Canada and appears as a guest
technology reviewer on TV programs,
including CityTV’s Breakfast Television
(BT Vancouver); Omni Television (BC);
TELUS TV – MyTelus: Vancouver Edition;
and Shaw TV’s Urban Rush.
[email protected]
The Scrivener
Donating
Donating is Easy!
Online at
at cknw.com/orphans
cknw.com/orphans
‹t Online
t‹ Tax
Tax Smart
Smart Giving
Giving life
life insurance,
insurance,
securities and
and annuities
annuities
securities
Legacy Planning
Planning discover
discover how
how you
‹t Legacy
you leave
can leave
a lasting
gift by
can
a lasting
gift by
naming the
the CKNW
CKNW Orphans’
Orphans’ Fund
Fund as
naming
a beneficiary
in your
aasbeneficiary
in your
willwill
Tribute Gifts
Gifts celebrate
‹t Tribute
celebrate aa milestone
milestone
anniversary, wedding,
wedding, birthday
birthday or
or
anniversary,
special occasion
occasion with
with aa donation
donation
special
Employee Deductions
Deductions designate
designate
‹t Employee
the CKNW
CKNW Orphans’
Orphans’Fund
the
Fund as
as
your charity
charity
your
By mail
mail cheque
cheque or
or money
money order
order to:
to
‹t By
The CKNW
CKNW Orphans’
Orphans’Fund
Fund
The
Suite
Suite2000
2000- 700
- 700West
WestGeorgia
GeorgiaStreet
St.
Vancouver,BC,
BC V7Y
V7Y 1K9
1K9
Vancouver,
For
more
on how you can help,
Visit
ourinformation
website cknw.com/orphans
for
cknworphansfund.com
morevisit
information
on how you can help.
Tax receipts issued for donations of $20.00 or more.
Tax receipts issued for donations of $20.00 or more.
Registered charity #118864842 RR0001
Registered charity #118864842 RR0001
CKNW Orphans’ Fund . . .
For Children with Special Needs!
93
PEOPLE
Honours & Events
Queen of the Night Ambur Braid (left)
with Simone Osborne as Pamina
Ambur Update: Award-winning
Canadian coloratura Ambur Braid
sang O Zittre Nicht in the [Canadian
Opera Company] COC Ensemble
Studio’s recent performance of The
Magic Flute. In La Scena Musicale,
February 18, 2011, music critic
Joseph So noted, “Perhaps the loudest
ovations of the evening were reserved
for the Queen of the Night…Braid’s
powerful top and outstanding agility
were impressive of course, but what
was unexpected was the full-bodied
middle and lower registers she
displayed in the adagio section…
very unusual for a high soprano.”
The list of members
of the prestigious
25-Year Club
of The Society
of Notaries Public
of BC would not be
complete without Tarlok Sablok,
who was commissioned in 1978!
Ishan Tarlok Singh
Sablok was born
January 17, 2011,
to proud parents
(Notary) Akash and
Raj Sablok, and
his even prouder
older brother Aryan.
Grandparents are
(Notary) Tarlok and
Shabnam Sablok,
Balwinder K. Grewal,
and the late
Iqbal S. Grewal.
94
John Yanyshyn – Visions West
DAVID PAUL SWEETZIR
January 27, 1948,
to December 14, 2010
David leaves behind a large
family, all of whom he loved
dearly, including his wife
Karen, his mom Betty Bray,
brother Peter, 7 children, and
5 grandchildren.
In their community, David and
Karen were active members
of St. Barts Anglican Church.
David also enjoyed working with
the members of Citizens on
Patrol in Gibsons and was a very
active member of AA.
H. A. D. OLIVER
June 11, 1921,
to January 14, 2011
Herbert Arnold Dimitri Oliver
(Bert) was a top criminal
defence lawyer. During his legal
career in BC, he also served as
a County Court judge, a judge
in the Supreme Court of BC,
and as Conflict of Interest
Commissioner.
A storyteller and raconteur,
Oliver was considered
a very shrewd man with an
exceptionally keen mind. He
was known for his detailed
preparation for a trial.
This entrepreneurial spirit’s
career included land registry
agent in Kamloops and, over
the past 15 years, a BC Notary
Public in Pemberton/Whistler,
then Gibsons.
He spoke perfect German
and was a long-time friend
of Bernard Hoeter, former
Secretary of The Society
of Notaries Public, who passed
away February 9.
No mention of David would be
complete without acknowledging
his undying loyalty to the
Montreal Canadiens and
baseball.
He is survived by his wife
Jeanne and their children David,
Mark, and Alexandra.
See the article by David in
The Scrivener, Spring 2008:
WHERE ARE THEY NOW?
See the article about H.A.D.
Oliver by John Burgoyne in
The Scrivener: Fall 2009, and
the Cover Story, Vol. 6, No. 4.
1997
www.notaries.bc.ca/scrivener
(Archives)
www.notaries.bc.ca/scrivener
(Archives)
The Society of Notaries Public of British Columbia
Volume 20 Number 1 Spring 2011
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