Law Society The following emails were sent to the premier and the Minister of Labour on 05 Jun 02, no response to date To the Premier I had the pleasure of listening to Graham Bruce speak at a Chamber of Commerce lunch this past Monday, ... I asked the Minister about lay representation before the WCB and its administrative tribunals. Historically the entire WCB system has been set up for lay representation and consideration of claims and safety matters free from the courts and lawyers. That is why the WCB Act contains a true privative clause. Lately the Law Society has been rattling its sabres and has gone so far as to petition the courts to have lay representatives such as myself barred from conducting business. They have indicated in letters to the Attorney General that this is to protect the public from unscrupulous consultants. In two cases that did go to the courts with respect to lay representatives for workers they had cause for concern and legitimate complaints from the client. In my case and in the case of another consultant they have no cause and no complaint from a client simply complaints from lawyers who were affronted that we would be doing this work. I cannot speak for the other consultant but I have twenty three years of experience in the field, eleven as an employee of the WCB and twelve as a consultant for employers. In that last twelve years I have never had a complaint about my work or the fees I charge. Maureen Nicholls said in a letter in 1997 directed to counsel for the Law Society, that in general the lay representatives were better qualified to do the work as that was all they did and they had greater experience and knowledge of the system. The Minister is well aware of the problem and I was seeking some indication from him that he would be taking action to ensure that lay representation for remuneration would continue to be allowed and in fact supported by the Workers Compensation Act. My understanding of his response was that yes, lay representation would continue, that the right to representation  by whomever one chose would be confirmed in the changes to the Act coming in the fall session and that representation for a fee as opposed to working for nothing would also be included. I am seeking confirmation from you that that is the stance of the government  and that changes to that effect will be made to the Act.  Thank you      To the Minister Ihad the pleasure of listening to you speak at the Chamber of Commerce lunch this past Monday in Nanaimo ... In answer to my question regarding lay representation I heard you to say that yes, lay representation would continue, that the right to representation  by whomever one chose would be confirmed in the changes to the Act coming in the fall session and that representation for a fee as opposed to working for nothing would also be included. I am seeking confirmation from you that that is the stance of the government  and that changes to that effect will be made to the Act. I do have a suggestion regarding the legitimate concern regarding ability and qualifications, one with which not all of my colleagues might agree. It seems to me a simple change the Act would accomplish the aims of ensuring ongoing access to lay representation and ensuring quality representation. S. 94(2) and (3) of the WC Act set out the responsibilities of workers and employers advisers, I would suggest a new paragraph (6) along the lines of, "Lay representatives of workers or employers shall comply with the responsibilities set out in sub section (2) and (3) and shall be certified by either  the workers' adviser or the employers' adviser as having the basic qualifications to fulfill those responsibilities. Section 94(4) applies  to Certified Lay Representatives" For a comprehensive list of the necessary qualifications and abilities see the letter from Maureen Nichols to counsel for the Law Society dated 30 Jul 97 which is in the WCB records. I can fax you a copy which I got as the result of an FOI request if you so wish. The most interesting part of the letter is the section on page 3 headed "Public interest".  Thank you