From Bar Leadership Skills

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Judges judging judges: The Douglas Inquiry exposed its flawed process

My recent post on the conclusion of the Canadian Judicial Council (CJC) Inquiry into the Douglas Inquiry urged for a better and clearer articulation of the reasons for removal of federally-appointed judges from office.   After realizing late that a procedure in the hands of her judicial colleagues was in fact a runaway train, the former Associate Chief Justice of…

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Lawyers are for hire, not for sale: At stake in the 2015 LSUC Bencher Election

On April 30, 2015, lawyers in Ontario will exercise their duty to elect Benchers of the Law Society.  Bencher elections have historically seen glacial changes in the complement of Convocation, the governing council of Ontario’s legal profession.  As in many elections featuring low voter turn-out, incumbent candidates tend to say little of substance in their campaigns and…

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Diversity Awareness and Cultural Competency as Core Skills for Canadian Lawyers

Later today, I will have the privilege of participating in a working group of the Chief Justice of Ontario’s Advisory Committee on Professionalism tasked with modernizing the basic principles of professionalism for lawyers.  High in priority is the importance of integrating equity, diversity and cultural competency into the package that lawyers must offer the public. Historically…

Stop letting the TWU controversy make fools of the Canadian bar

It came to my notice that my last post on the British Columbia Law Society’s handling of the accreditation of Trinity Western Law School may have appeared at odds with a prior entry encouraging a negotiated solution.  In the September 26 post, “B.C. Law Society abdicates self-governance in favour of non-governance,” I stated that the decision to refer the decision to a referendum before the expiry of a statutory 12-month period was an abdication of the Law Society’s duty to govern the affairs of the legal profession.  Further, the referendum option can only be invoked by a petition from the membership, not the governing…

B.C. Law Society abdicates self-governance in favour of non-governance

This afternoon, the Law Society of British Columbia voted 20-10 to hold a referendum on the issue of accreditation of the Trinity Western University.  This came after a vote of 9-21 against deciding to overturn its previous decision in April to grant accreditation.* That first motion arose from a non-binding resolution of a special general meeting of the entire B.C. Bar, held in June.  A third motion, to defer any decision, was obviated by the decision to hold a referendum. In deciding to hold a referendum, the B.C. benchers have abdicated their responsibility as the directors of a self-governing profession.  Either they…

End the Trinity Western Law School Deadlock without Litigation

On June 10, rank and file members of the Law Society of British Columbia voted to require their elected Benchers to reverse course on Trinity Western University’s bid for a new faith-based law school.  According to s. 13 of the B.C. Legal Profession Act, the vote is not binding on Benchers, at least for a grace period of 12 months.  If the Benchers do not implement the resolution within 12 months, they face the prospect of a referendum to be conducted in accordance with poll rules identical to that of a Bencher election, under art. 1-37 of the Law Society Rules (p.…

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Why law societies must act to preserve university law libraries (updated)

A report in the Saskatoon StarPhoenix that the University of Saskatchewan plans to eliminate its law library and integrate the collection with three other campus libraries into the main university library prompted protest from many in the legal academy.  One of the requirements set by the Federation of Law Societies of Canada (FLSC) is that a law school…

Why Ontario’s next Chief Justice must be able to sell Justice

Four months after Chief Justice Winkler’s retirement, the chair of the Chief Justice of Ontario remains unoccupied.  Most chatter on the topic of his replacement has focused on names.  Will it be so-and-so from the Court of Appeal?  How about an appointment straight from the practising Bar?  Will it be a woman or member of a visible minority this time? In every other walk of life, we don’t fill positions by hiring a star and hoping he or she will do well.  Rather, we draw up a job description around the purposes of the organization, and recruit the candidate who can…

Why judges’ political activism also hurts lawyers

The Law Times reported that an Ontario Superior Court Justice is facing a complaint by an oil sands advocacy group to the Canadian Judicial Council for his role in a public mock trial of environmentalist David Suzuki at the Royal Ontario Museum this past November 6.  The basis for the complaint is that the judge’s participation in a political event compromised his judicial impartiality.  Another judge of the same court had originally agreed to participate, but later withdrew in the face of a similar objection. Judges have long been criticized for “judicial activism,” especially since the advent of the Canadian Charter of…