Musqueam win land tax case

NETWORKING

JEREMY HAINSWORTH

First Nations in British Columbia that own unoccupied land off reserve, held in fee simple trust, are exempt from paying property tax as a result of a decision by the provincial Court of Appeal.

The ruling overturned a lower
court decision related to two
pieces of property within the
University Endowment Lands
near UBC, which are owned by
the Musqueam Band.

The Musqueam had paid a total of about $1.3-million in property tax on the two parcels, covering 58 acres, prior to the appeal court ruling issued on May 1.

Musqueam lawyer Maria Morellato said the case turned on a section in the Taxation Rural Area Act that provides an exemption for unoccupied lands held in fee simple trust “by Her Majesty or another person” for First Nations.

Morellato said the decision is
important as it will impact the
repatriation of land following
treaty processes where the trans-
fer is in fee simple.
“That’s an important factor in
the cost … of maintaining land.
It’s a very positive thing.”
The parcels of land were trans-
ferred from the province in 2008
to two companies controlled by
the Musqueam for the benefit of
the band, after it entered into a
reconciliation, settlement and
Face-to-face meetings
still hold much value
PAGE 8

See Tax Page 3 THE LAWYERS WEEKLY
FEEDBACK Crown workload up across Canada Vol. 22, No. 27 NEWS FOR THE LEGAL PROFESSION December 6, 2002
Finding meaning in
feedback programs
CHRISTOPHER GULY
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Vancouver prosecutor Samiran Lakshman estimates that, on average, his paid 35-hour week runs from Sunday to Tuesday. The rest of the week, he essentially works pro bono on behalf of British Columbia taxpayers.

GOING IT ALONE

THE LAWYERS WEEKLY

A similar situation of heavy workload and underpay faces 450 other prosecutors he represents as president of the British Columbia Crown Counsel Association (BCCCA).

Similar concerns can be heard
from provincial Crown attorneys
across the country.
VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

“There’s a great deal of understanding of the importance of police work in maintaining safety and order in our communities,” Lakshman says. “But one of our greatest challenges is having people within government understand the importance of the work we do in having an impact on the hard work police bring to bear in their investigations.”

CAVEAT EMPTOR

Why family litigants hire
a lawyer or self-represent

ALISTAIR EAGLE FOR THE LAWYERS WEEKLY
Samiran Lakshman, president of the B.C. Crown Counsel Association, outside The Law Courts building in Vancouver.

From its establishment in 1991, the BCCCA spent the next 16 years embroiled in negotiations amid several threats of walkouts before the B.C. government signed a 12-year agreement to ensure future Crown pay increases matched salary hikes for provincial court judges.

“One court operates above a
bowling alley once every several
months,” Lakshman says. “Some
courts function where the Crown,
the defence, the accused and
sometimes the clerk have to fly
into a community for a hearing.”
Lakshman says the BCCCA is
now trying to raise public aware-
ness of the role Crowns play as
“the only advocates in the court-
room charged with the responsi-
bility of protecting the public
interest” and in turn secure pub-
lic support for further funding of
the province’s cash-starved jus-
tice system.

THE LAWYERS WEEKLY

While salaries may be off the
table, Crown attorneys still have
to contend with a disparity in
working conditions.
At times, the Crown has no
access to the Internet — or even a
phone, he adds. “Part of the asso-
ciation’s work is to ensure our
members are represented in the
workplace. But they also need to
have the tools to do their job.”
In Manitoba, as part of
$2.5-million in new funding for
the justice system, the provin-
cial government will hire 11

prosecutors and six additional support staff to address a long-standing grievance by the Manitoba Association of Crown Attorneys. Members “were simply burning out” over “ astronomical” workloads, explains association president Lisa Carson. “We had Crowns in our northern offices carrying 500 files at any given time.”

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002
She says a salary rise over the
next two years under a collective
See Roles Page 2

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