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The 2009 Annual Report may be downloaded as a PDF file.
Report from the Chair
In 2009, the Law Foundation of British Columbia celebrated its 40th anniversary.
British Columbians can be proud of the fact that we formed the first law foundation in North America and pioneered the concept of using the interest on lawyers’ trust accounts to benefit the public. Now, all jurisdictions in Canada and the United States have law foundations. Since 1969, the Law Foundation of British Columbia has distributed over $421 million to promote access to justice for British Columbians.
A 40th anniversary celebration, held in March at the Law Courts Inn, was attended by over 200 people, including former Law Foundation governors, grantees and representatives from the legal profession.
We were particularly pleased to acknowledge the presence of Arthur Harper, QC, and Kenneth Meredith, formerly Mr. Justice Meredith, who were instrumental in founding the Law Foundation in 1969. We were also delighted to see Mr. Justice David Brine, who served as chair of the foundation in 2000 and 2001.
The foundation’s mandate is to fund legal education, legal research, legal aid, law reform and law libraries, which it fulfills by funding continuing programs and one-time projects that promote the rule of law and a just society.
The year 2009 was dramatic for the Law Foundation — the excitement of our anniversary was countered by record low interest rates. The prime rate decline to 2.25% in the last year has meant that the foundation is now receiving approximately 0.25% on lawyers’ pooled trust accounts. Over the last year, 29 new bank agreements have been negotiated to ensure that all banks in the province pay interest to the foundation.
Because of the cyclical nature of interest rate income, the foundation has accumulated a grant stabilization reserve to prevent drastic cutbacks in our grants budget in any single year. In 2004, 2008 and most recently in 2009, the board drew down the reserve to meet the shortfall between our income and the needs of our grantees. As a result, the foundation was able to support continuing programs, without reductions, in 2009. The reality of our income, however, has prevented us from extending a number of programs funded under our new initiatives program.
In December 2008, due to the foresight of previous boards, and in particular the leadership of Warren Wilson, QC, the reserve stood at approximately two years of committed funding. Due to the recovery on investments, the drawdown on the reserve for 2009 was significantly less than forecast.
In 2010, however, the foundation anticipates having to significantly draw down the reserve, perhaps by up to $15 million, in order to meet its commitments to continuing programs. Low interest rates have reduced our income dramatically and our income will not increase until interest rates rise.
In recognition of changing financial circumstances, the Law Foundation administration budget has been reduced, as has foundation staff. No new initiatives will be funded, other than time-limited projects. The large project fund has been reduced from $750,000 to $500,000.
While our income has been drastically reduced, I would be remiss if I did not publicly thank the Law Society of BC. New rules in reporting requirements and Law Society staff’s diligence have meant that interest that was not paid to the foundation by banks in the past has now been paid.
Despite our financial situation, in 2009, the foundation assessed 223 applications for funding, and made 69 continuing program and 39 project grants. These grants totalled over $18 million. Of this amount, $15.6 million was allocated to continuing programs.
In 2009, the foundation completed an intensive strategic planning process and revised its mission, vision, values and strategic priorities (see page 4).
The Law Foundation produced two significant publications in 2009: Diversity Profile of British Columbia and Report of Aboriginal Child Welfare Collaborative Decision-Making Models. These publications have significant practical application and will help the foundation serve the diverse people of our province and provide information about alternative ways of dealing with Aboriginal child welfare issues.
The year 2009 saw two changes to the board of governors.
Ron Toews, QC, of Smithers, replaces Suzette Narbonne as the Law Society appointee from Prince Rupert County. Called to the bar in 1976, Mr. Toews is a life bencher of the Law Society, and was appointed Queen’s Counsel in 2000. Involved in a variety of community and bar organizations, Mr. Toews has been a sole practitioner with a general practice for most of his career and is currently Crown counsel in Smithers.
Tamara Hunter, of Vancouver, replaces Linda Parsons, QC. Ms. Hunter, a litigation lawyer at Davis LLP in Vancouver, practises in the areas of administrative law, privacy law, professional regulation and commercial litigation. She began her legal career as a law clerk to Chief Justice Lamer of the Supreme Court of Canada and was called to the bar in 1992. She too has been involved in a variety of organizations during her career.
We said farewell to governors Suzette Narbonne and Linda Parsons, QC.
Governor Narbonne served on the following committees during her six-year term: Child Welfare, Funding Strategies, New Grants, New Initiatives, Special Needs Fund (Chair). Governor Narbonne will continue to serve the people of our province in her new role as a bencher of the Law Society.
Governor Parsons was a governor from 2004, and served on several committees: Funding Strategies (Chair), Policy and Planning (Chair), New Initiatives. Governor Parsons’ leadership in Funding Strategies and Policy and Planning requires special kudos. Her clarity of thought and kindness in delivery will be greatly missed.
These short paragraphs cannot reflect the value that governors Narbonne and Parsons brought to the board. The bar can be proud of governors Narbonne and Parsons’ passion for the work done by our grantees and their enormous contribution of time to the Law Foundation and the people of BC.
In closing, I would like to thank our board of governors for their significant contribution to access to justice in BC in the past year. I would also like to thank foundation staff for their diligent work. Together they ensure that funds are used strategically and effectively to promote the Law Foundation’s mandate.
Mary Mouat,
Chair 2009 | 
