May 9, 2018 Bencher By-election

May 9, 2018 Bencher By-election Candidate biographies and statements The candidates were invited to submit biographical information and an election statement. The views expressed are those of the candidates and do not reflect the official policy or position of the Law Society. Candidates are listed in order of their appearance on the ballot, as determined by drawing of lots, pursuant to Rule 1-28. Candidate information for District 1 County of Vancouver THOMAS, Michael LEE, Kyla FESTINGER, Jon, QC SNOWSHOE, Karen L. SANDHU, Gurminder ZILM, Graham Lee SYER, Ashley TURNER, John

THOMAS, Michael Called to the Bar: 1999 Harper Grey LLP Email: mthomas@harpergrey.com Practice: 100% barrister BIOGRAPHICAL INFORMATION I grew up in White Rock, B.C. and obtained a B.A. (1990), M.A. (1991), and LL.B (1998) from Queen s University. I articled at Harper Grey Easton in 1998, was called to the bar in 1999, and have practiced at Harper Grey LLP ever since. I have appeared at all levels of court in B.C., the Federal Court, the Supreme Court of Canada, and various administrative tribunals. I am chair of Harper Grey LLP s Critical Injury Practice Group which represents people who have suffered significant injuries. I also represent physicians in medical malpractice actions. I have written books on Insurance Law, and Administrative Law; edit the B.C. Limitations Act; and update the chapter on UMP in the B.C. Motor Vehicle Accident Claims Practice Manual. I have been recognized as a leading lawyer in personal injury litigation and insurance law by Best Lawyers in Canada and as a local litigation star in personal injury and health law by Benchmark Canada. I am in the process of organizing a summit where medical professionals and sport agencies will convene to promote participation in amateur sport and address sport related concussions. ELECTION STATEMENT I am proud to be a lawyer and care about the future of the practice of law. It would be a privilege and honour to be elected as a bencher and have the opportunity to help shape our profession. There are two issues that I would like to address as a Bencher: 1. Improving Access to Justice. The Law Society has been active in finding ways to enhance access to justice through its policy development, rule reform and 2

strategic planning. They have also actively supported Access to Justice BC and the Justice Summit. In my view more could, and should be done on this issue. If elected, I would commit to exploring ways that the Law Society could address the current proposal to restrict the ability of people injured in motor vehicle accidents to bring civil claims for soft-tissue injuries 2. Reviewing Advertising for Legal Services & the Payment of Referral Fees. There has been a significant increase in advertising for legal services in Vancouver on radio, t.v., stadiums, social media, buses and washrooms. If elected, I would focus on instigating a review of the various advertising and referral fee practices in the Province and of the Rules in the Code of Professional Conduct as was conducted in Ontario last year. These are two issues that I believe can be effectively addressed through thoughtful and engaged Benchers. Other issues that loom large include diversity, the impact of technology and specialization, work-life balance. After years of reaping the benefits of the work of others, being elected as a Bencher would give me the opportunity to give back and help to address the interesting and challenging issues facing the legal profession. [Return to Candidates list] 3

LEE, Kyla Called to the Bar: 2012 Acumen Law Corporation Email: kyla@kylalee.ca Website: www.vancouvercriminallaw.com / www.acumenlaw.ca / www.kylalee.ca Practice: 100% barrister BIOGRAPHICAL INFORMATION Kyla Lee is a criminal defence lawyer practising primarily in the area of impaired driving. She is well-known for her knowledge of the Immediate Roadside Prohibition laws, and advancing new arguments in administrative law proceedings. Kyla has appeared in all levels of court in British Columbia and at the Supreme Court of Canada. Kyla has also testified as an expert witness to the House of Commons Justice Committee and at the Senate of Canada. She is regularly sought out by media for her insightful commentary on criminal justice and political issues. Kyla volunteers as a guest lecturer at the UBC Indigenous Community Legal Clinic and as a CBA Mentor. Kyla is of Métis heritage and maintains a keen interest in Indigenous issues, including Indigenous overrepresentation in the justice system and underrepresentation in the bar and on the bench. I get knocked down but I get up again. You are never gonna keep me down. Chumbawumba, Tubthumping ELECTION STATEMENT Being a criminal defence lawyer means that I see people from all walks of life. I also understand why otherwise good people can be caught up in unprofessional or unacceptable conduct. This perspective will assist me, as a Bencher, in both advising other lawyers who seek my advice and in considering disciplinary issues, including rule changes. As a relatively young member of the bar, I would contribute a unique perspective by bringing my experiences as a young lawyer to the Bencher meetings. It is important that these perspectives be well-represented among the Benchers. I hope to help the Law Society create clearer guidelines for lawyers to assist in promoting gender equality and to prevent disciplinary issues regarding sexism by making acceptable conduct more clear, 4

and unacceptable conduct well-defined. As an Indigenous person, I hope to take part in initiatives that will increase the visibility of Indigenous people in the legal community. I am a strong defender of the independence of the bar, and support the need for selfregulation among lawyers. [Return to Candidates list] 5

FESTINGER, Jon, QC Called to the Bar: 1982 Festinger Law & Strategy Email: jfestinger@telus.net Practice: 100% solicitor BIOGRAPHICAL INFORMATION LL.B., B.C.L. 1980 (McGill University) Member, Rule of Law and Lawyer Independence Advisory Committee (June 2014 present) Currently practicing through Festinger Law & Strategy in the areas of digital media, entertainment, communications and creative freedoms. Previously in private practice with Owen, Bird; Davis & Company; and Koffman Kalef. Began in private practice, subsequently becoming General Counsel of WIC Western International Communications, Senior Vice President of the CTV Television Network, and Executive Vice President, Business & General Counsel of the Vancouver Canucks. Currently, Chair of viasport British Columbia; Vice Chair of The IBD Centre of British Columbia; Advisory Board, Global Reporting Centre (U.B.C.); Past-Chair of Ronald McDonald House British Columbia (until May, 2018). Currently, Faculty at the Centre for Digital Media; Professor of Professional Practice at Simon Fraser University; Adjunct Professor, Allard School of Law; Faculty-in-residence UBC Emerging Media Lab; Sessional Lecturer, TRU Faculty of Law; and Honorary Industry Professor in the Centre for Commercial Law Studies, Queen Mary University of London (U.K). Author of the first edition of Video Game Law published by LexisNexis in 2005, co-author of the 2nd Edition published in 2012. Co-Editor of the Interactive Entertainment Law Review (1 st issue, June 2018) published by Edward Elgar Publishing. 6

ELECTION STATEMENT Well rounded in the law and lawyering: My legal, business, and academic experiences have focused on the expressive and creative aspects of the media and communications industries, involving areas as diverse as freedom of expression, contempt of court, defamation, administrative law and all aspects of intellectual property. This legal foundation has been supplemented by several decades of practical experience in contracts, corporate, commercial and securities law which has always required extensive analysis, research, negotiations and strategy, all split somewhat evenly between inhouse/corporate and private practice. Business experience an asset in helping the profession determine our future: My business experiences have taught me the critical importance of considering and applying principles of fairness, thoughtfulness and propriety in a practical way to create motivated, humanly satisfying, and financially profitable enterprises. In my view these principles are more crucial to economic success than are widely appreciated. Perhaps most importantly, I have come to value the joy of individuals working together in pursuit of a common vision, despite the constraints and pitfalls that can accompany such a journey. It is often seen as trite but, in the end, my lessons learned all confirm the truism that it s all about people". Caring deeply about the challenges the digital future presents to us as lawyers: My career has spanned times of explosive growth in communication technologies. The pace of change and the changes themselves have always provided great professional opportunities, inspiration and the need for reflection. Through practicing, teaching, and writing, I have over the years done my best to chronicle (from a mostly legal perspective) the powerful and continuous evolution of the media and digital revolutions. Underlying all of my efforts has been a deep curiosity regarding the roles and responsibilities of legal infrastructures. [Return to Candidates list] 7

SNOWSHOE, Karen L. Called to the Bar: 2004 Karen L. Snowshoe, Lawyer, Arbitrator, Mediator Email: karen@snowshoelaw.ca Practice: 100% solicitor BIOGRAPHICAL INFORMATION Ms. Snowshoe was born and raised in Vancouver. She recently lived and worked in Canada s north (Yukon and NT) and is a member of the Tetlit-Gwich in nation (Fort McPherson, NT). Since 2004, Ms. Snowshoe has worked in diverse practise areas, including Indigenous issues, administrative law, arbitration and mediation. Since 2009, Ms. Snowshoe s focus has been on providing Adjudication services (handling claims of first instance and appeals) across Canada. Her main clients have been the Indian Residential School Adjudication Secretariat, the Northwest Territories Human Rights Adjudication Panel and the Workers Compensation Tribunal of the Northwest Territories and Nunavut. Ms. Snowshoe has held over 250 hearings across Canada, written 150 decisions and 20 appeal decisions. Ms. Snowshoe is an active member of two Federal Land Claim Arbitration Panels and maintains membership in numerous professional organizations dedicated to the administration of justice. She is passionate about helping to resolve disputes in a fair, timely and impartial manner. Ms. Snowshoe recently served one year as Senior Counsel with the National Inquiry into Missing and Murdered Indigenous Women and Girls. Karen s volunteer interests have included leadership with the CBA National Aboriginal Section, fostering children in Canada s north and caring for rescue dogs. ELECTION STATEMENT Ms. Snowshoe is passionate about issues of diversity, fairness, reconciliation and healing. In terms of diversity, Karen is committed to promoting diversity at all levels of the legal profession. Karen brings valuable experience (and perspective) as an Indigenous women 8

who has overcome challenging life circumstances. Karen s success as a lawyer, arbitrator and mediator is in large part due to mentoring from senior members of the Bar as well as members of the Judiciary. Karen is committed to increasing diversity and inclusivity at all levels of the legal profession. Karen is known nationally as a fair and impartial decision maker. As a Bencher, who may preside over Law Society hearings, Karen would bring a wealth of experience. To this end, she has presided over 150 hearings across Canada and written 100+ wellreasoned decisions (first instance and appeals). Karen remains committed to the principles of fundamental justice. In terms of reconciliation, Karen is committed to advancing the Law Society s work of implementing relevant recommendations of the Truth and Reconciliation Commission Report. To this end, Karen brings a wealth of experience, having worked locally, nationally and internationally with Indigenous issues. Most recently, Karen heard direct testimony of Indian Residential Schools survivors as well as Indigenous women and girls who have experienced violence. Karen is committed to health and wellness. Karen has benefited first-hand from the Lawyers Assistance Program in terms of learning tools to support a balanced lifestyle. Some of Karen s personal tools include pet therapy (she has two rescue pups), walking in nature, martial arts, golf and laughter. Karen is committed to supporting the Law Society s efforts on promoting wellness among the legal profession, specifically relating to mental health and addictions. Finally, Karen was a well-received speaker at the 2017 Annual Women Lawyers Retreat, Karen spoke about the importance of peer mentoring/support and reconciliation in the legal profession. [Return to Candidates list] 9

SANDHU, Gurminder Called to the Bar: 2000 Lindsay LLP Email: gsandhu@lindsayllp.ca Website: www.lindsayllp.ca Practice: 100% barrister BIOGRAPHICAL INFORMATION I am a lawyer, husband and father. Like all of you, my experiences shaped me as a person. I grew up in East Vancouver, was called in 2000 and am a partner at Lindsay LLP. One of my earliest recollections of giving back to the community came as a four year old, when my father gifted his sweater to a homeless man. As I grew older, I began to appreciate my dad s gesture. My parents taught me to help; to treat people as equals; to listen. My friends and colleagues can attest, I have always returned the call. I have tried to emulate positive examples by making as many significant contributions to my profession, namely by serving in the following roles: Lawyer, Salvation Army Pro Bono Clinic Lawyer, Law Students Legal Advice Program Judge, PLTC Mock Civil Trial & Chambers Practice Secretary, South Asian Bar Association (BC) Co-chair, South Asian Bar Association 2nd Annual Fall Conference Member, CBA Automobile Insurance Committee Member, Provincial Court Judicial Advisory Committee Executive CBA Legal Research Section Volunteer, CBA Practice Advisory Panel Lawyer Mentor, Thompson Rivers University Member CBA BarTalk Editorial Committee Elected Representative, CBA BC Provincial Council Lawyer Mentor, Federation of Asian Canadian Lawyers 10

ELECTION STATEMENT Giving back to the profession and my community is of importance to me. I believe in having an open door policy and being accessible. No matter how busy, I have endeavored to make time for colleagues, acting as a sounding board, listening and supporting. I also believe in working together and collegially. Whether dealing with opposing counsel or participating in volunteer activities, I have worked to arrive at reasonable solutions after listening to all views. With your support, I would be honoured to make a contribution to the profession as a Bencher. As a Bencher, I hope to promote the following goals: Ensuring that the LSBC is relevant and reflective of all members whether they are junior or senior lawyers; in sole practice, small firms, large firms or in-house. Working on equity initiatives to increase inclusion, focusing on women, minority, indigenous and LGBTQ lawyers. Advocating for increased legal aid for people who do not have the resources to hire lawyers. Addressing needs of our colleagues in smaller jurisdictions. Addressing the stresses of sole practitioners and those new to our profession by developing a mentorship plan pairing lawyers so that we can be of value and help each other. Maintaining Law Society fees at a moderate level by identifying inefficiencies in Law Society operations and by focusing on its core functions. Encouraging pro bono targets. These issues and others are of importance. They are complex. I am up to the challenge. I can be reached at anytime to discuss your concerns. I look forward to being of service. Thank you. [Return to Candidates list] 11

ZILM, Graham Lee Called to the Bar: 2015 Smeets Law Corporation Email: graham.zilm@smeetslaw.com Website: www.smeetslaw.com Practice: 5% solicitor, 95% barrister BIOGRAPHICAL INFORMATION Education Bachelor of Arts (UBC), 2002 Master of Arts (UBC), 2006 Master of Arts (University of Toronto), 2010 Juris Doctor (UBC), 2013 I was called to the Bar in 2015 and am an associate at Smeets Law Corporation where I completed my articles and where I currently practice Immigration and Refugee law. I am a volunteer with the Rainbow Refugee Committee and have previously volunteered with the Vancouver Association for the Survivors of Torture. ELECTION STATEMENT While I am still a young lawyer it has become clear to me that the Law Society needs to change the way it relates to members of the Bar. It seems that lawyers are primarily afraid of the Law Society and when they are not afraid they do not feel like the Law Society does anything to support them in their practice. When lawyers require something from the Law Society or when lawyers try to communicate with them they are met with lengthy silence. There is to my mind no good reason for the Law Society to treat lawyers with a supercilious and often ill-natured manner. I would like to make efforts to ensure that the Law Society lives up to part of its mandate to support and assist lawyers, articled students and lawyers of other jurisdictions. I would like to see an association that is responsive to members concerns. I would like the Law Society act both for its members and the public. I think the practice would benefit if we had a Law Society that and can, and does, assist lawyers in their practice. 12

I believe my vision for the Law Society is possible and can be readily achieved. [Return to Candidates list] 13

SYER, Ashley Called to the Bar: 2010 Ashley Syer Law Corporation Email: ashley@syerlaw.ca Practice: 10% solicitor, 90% barrister BIOGRAPHICAL INFORMATION I am a sole practitioner in Vancouver, practicing primarily in commercial and employment litigation. I also practice administrative law, including representing clients at the Human Rights Tribunal and Residential Tenancy Branch, and assist clients in a variety of other civil litigation matters. Prior to striking out on my own, I was an associate at two boutique litigation firms. In addition to my litigation practice, I am a mediator and an advocate for alternative ways to resolve disputes. I completed the Small Claims Mediation Practicum program, and am listed as a roster Mediator with Mediate BC. I am also a part-time tribunal member of the Civil Resolution Tribunal. I am currently the Secretary of both the Alternative Dispute Resolution and Civil Litigation Subsections of CBABC. I also serve on the Women Lawyers' Committee of the Trial Lawyers Association of British Columbia. I have served on several CBABC section executives, including as co-chair of the Young Lawyers subsection. I have volunteered with Access Pro Bono's Civil Chambers program for the past four years, and have twice been named as one of the program's top 10 contributors. Outside of law, I am very involved in the arts, particularly in theatre. I am also a writer, actor, singer, and photographer. ELECTION STATEMENT I am a passionate advocate of having a life outside law. I think it is important to have a perspective within our governing body that encourages lawyers to leave their offices and be well-rounded human beings, and that acknowledges that mental health challenges are all too common in our profession. I would like to work toward creating additional resources and support for those in our profession who are faced with those challenges. 14

Our profession continues to lose women at an alarming rate. The discussions women have at women-only events need to be conversations that all members of our profession have. As a Bencher, I would continue to address and work towards solutions for the retention of women in law. I believe in continuing to increase access to justice. The volunteer work I have done, through organizations such as Access Pro Bono, has highlighted for me the need for additional resources for those who cannot afford to hire lawyers to assist them on a traditional hourly rate basis. Young lawyers are historically underrepresented in the governing body of our profession, yet have unique perspectives and challenges. As the way we practice law continues to evolve, so too must the way we train and mentor those entering our profession. I spend a lot of time speaking with young lawyers, those striking out on their own, or those at a crossroads, trying to decide at an early stage whether they can or want to continue practicing law. I hope to bring some of these concerns and perspectives as a Bencher, and to work toward ways to support those starting out in our profession. [Return to Candidates list] 15

TURNER, John Called to the Bar: 1988 John B. Turner Barrister & Solicitor Email: jbturner@shaw.ca Practice: 100% barrister BIOGRAPHICAL INFORMATION I have degrees from the University of Essex B.A. (Hons) 1980, the London School of Economics MSc.Econ 1982 and the University of Victoria LL.B. 1987. I was called to the Bar of British Columbia in 1988. From 1988 to 1989 I was a provincial prosecutor in Vancouver. From 1989 to 1995 an associate with Doig, Baily & Company, conducting prosecutions as agent for the Department of Justice. From 1995 to 2002 I was a senior staff lawyer for the Vancouver Gastown office of the Legal Services Society of BC. I served during this time as circuit counsel for First Nations communities on the Central Coast. From 2002 to the present I have been in private practice as a criminal defence barrister and an occasional ad hoc prosecutor, dealing in matters that run the gamut from complicated wiretap gang cases and murders to thefts and mischief at the Provincial, Supreme and Appellate levels. I was an elected member of the BC Provincial and National Councils of the CBA from 1996 through 1998. I was a serving infantry officer with The Seaforth Highlanders of Canada 1988 through 1993. I have a lifelong passion for rugby as a player and certified nation coach. I am married and have 4 children. ELECTION STATEMENT I am a sole practitioner who wishes to serve my profession. I have accumulated 30 years of experience and now I wish to invest this in reconciling the divide between the public interest mandate to regulate our members and the interests of my colleagues at the Bar who often struggle to build practices, working long hours while striving to maintain professional standards. Throughout my career I have always had a keen interest in the future of our profession particularly with respect to technological change, access to justice issues, standards of practice and the challenge of competing service providers. I have a particular interest in the provision of legal aid in this Province and wish to continue developing policy initiatives the Society has already produced in convincing governments that a properly funded legal aid system benefits everyone. It is evident to 16

me that many of my colleagues have concerns over a wide range of issues. I believe I can and will work to address these concerns while maintaining our self-regulating body to the benefit of all. If we wish to retain the privilege of self-government we must try and roll back the bureaucracy that has seemingly subsumed the original purpose. I believe greater transparency is the key both in our policies and processes and advocate moving to more open and inclusive policy reviews to address the ever changing conditions of practice. [Return to Candidates list] 17