the SOCIETY RECORD - Nova Scotia Barristers' Society
the SOCIETY RECORD - Nova Scotia Barristers' Society
the SOCIETY RECORD - Nova Scotia Barristers' Society
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<strong>Society</strong>’s successful initiative to found <strong>the</strong> first, short-lived Canadian<br />
Bar Association, which held <strong>the</strong> second of its three annual meetings<br />
in Halifax in 1897.<br />
“Borden’s years as a member<br />
of Council, Vice-President and<br />
President encompassed a tense,<br />
difficult and uncertain time in<br />
<strong>the</strong> <strong>Society</strong>’s existence...”<br />
Four months after becoming President of <strong>the</strong> <strong>Society</strong> in February<br />
1896 (in those days <strong>the</strong> annual meeting was always held in<br />
February), Borden was elected Conservative MP for Halifax. This<br />
was a watershed moment in his career, inaugurating a shift from<br />
professional to political concerns, which <strong>the</strong> decade would complete.<br />
In 1901, Borden succeeded Sir Charles Tupper as leader of <strong>the</strong> federal<br />
Conservative Party. Thereafter, he had less and less time to devote to<br />
practising law, whe<strong>the</strong>r as President of <strong>the</strong> <strong>Society</strong> or head of his law<br />
firm.<br />
Re-elected President of <strong>the</strong> <strong>Society</strong> continuously from 1897 to 1903,<br />
Borden was again re-elected in 1904 but declined to serve. His letter of<br />
resignation to <strong>the</strong> secretary was deemed to be of such significance that it<br />
was rendered verbatim in <strong>the</strong> minutes of <strong>the</strong> annual meeting. By <strong>the</strong>n,<br />
Borden’s onerous political responsibilities had not only put an end to<br />
his service to <strong>the</strong> <strong>Society</strong>, <strong>the</strong>y were also putting an end to his lucrative<br />
law practice, which he was obliged to abandon within <strong>the</strong> year.<br />
The historic achievement of Borden’s eight-year presidency of <strong>the</strong><br />
<strong>Society</strong> was passage of <strong>the</strong> modern Barristers and Solicitors Act, 1899,<br />
which stood for a century plus. A landmark in self-regulation of <strong>the</strong><br />
legal profession, <strong>the</strong> Act was in large measure a personal triumph for<br />
Borden. By <strong>the</strong>n, he was sufficiently well known to be <strong>the</strong> subject of<br />
a feature article in <strong>the</strong> Canada Law Journal.<br />
Aside from being an outstanding litigator and appellate counsel,<br />
Borden’s chief contribution to <strong>the</strong> <strong>Nova</strong> <strong>Scotia</strong> Bar was <strong>the</strong><br />
revolution in professional governance. He found <strong>the</strong> <strong>Nova</strong> <strong>Scotia</strong><br />
Barristers’ <strong>Society</strong> a glorified bar association with little or no reach<br />
beyond Halifax, and left it a true law society comprising <strong>the</strong> entire<br />
jurisdiction.<br />
Under Borden, <strong>the</strong> union of Bar and Barristers’ <strong>Society</strong> was finally<br />
consummated. Though not <strong>the</strong> longest presidency, Borden’s was<br />
undoubtedly <strong>the</strong> most important in <strong>the</strong> <strong>Society</strong>’s entire history.<br />
Barry Cahill, CAPP is writing <strong>the</strong> official history of <strong>the</strong> <strong>Nova</strong> <strong>Scotia</strong><br />
Barristers’ <strong>Society</strong>.<br />
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Environmental • Surveying • Engineering<br />
Spring 2013 19