ARCTIC OBITER

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BC COURT OF APPEAL DECISION UPHOLDS LAWYERS’ DUTY TO CLIENTS Signifying an important win for the independence of the bar, the BC Court of Appeal has upheld the decision in Federation of Law Societies of Canada (FLSC) v. Canada (Attorney General) that including lawyers in Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act and related regulations is unconstitutional. The CBA intervened, arguing that the law violates ss. 7 and 8 of the Charter by interfering with the solicitorclient relationship, and that requiring lawyers to record information about their clients which would be available to the state threatens a lawyer’s duty to their clients. The Court agreed with the CBA’s position, and stated that the independence of the bar is a principle of fundamental justice. The CBA has defended solicitor-client privilege and the independence of the bar since the first Proceeds of Crime (Money Laundering) Act was tabled in Parliament in 1999. Ron Skolrood of Vancouver’s Lawson Lundell LLP has served as the CBA’s pro bono counsel since 2001. Ron Skolrood, CBA pro bono counsel 2013 CANADIAN LEGAL CONFERENCE: SASKATOON, AUGUST 18-20 Registration is open for the 2013 CBA Legal Conference (CLC) in sunny Saskatoon, SK! Attend the CLC from Aug. 18 to 20 to connect with over 1,000 legal professionals; learn in participant-driven, interactive, accredited PD sessions; and experience three days of skills development, influential speakers, and networking with colleagues. Visit the conference website to register and learn more. Follow the CBA on Twitter @CBA_News and keep an eye on our conference hashtag (#CLC2013) to be the first to hear about program updates and announcements. 14 ■ MARCH/APRIL 2013 ARCTIC OBITER
ON TOPIC THE CBA ON THE FUTURE OF THE LEGAL PROFESSION strange. For generations, Canada provided refuge and opportunities for individuals seeking a home where they could build a good life. Our strong legal system remains the foundation on which that home was built, offering protections to those who faced persecution for reasons such as the colour of their skin or their political or religious beliefs. On April 17, 1982, Canada enshrined those protections in the Charter of Rights and Freedoms, declaring that equality under the law is fundamental to the quality of life of its citizens. Fred Headon Incoming President, Canadian Bar Association Senior Counsel, Air Canada Dorval, Quebec Since then, Canada’s commitment to equality and justice – a real source of pride for most Canadians – has been celebrated on April 17, known as Law Day. But we cannot rest on our laurels as a society or as a profession. Our system is not perfect. The wheels of justice can be ponderously slow. The needs and expectations of clients are changing. Now – as the traditional way of doing business shifts and new pressures threaten the ability to deliver on the promise of our rights and freedoms – is the time for lawyers to examine their changing roles and for the profession to clarify its responsibilities as advocate for the rule of law and a protector of the justice system. It’s time, as David Bowie sang, to turn and face the The Canadian Bar Association, the national voice of more than 37,000 lawyers, has launched two initiatives that will examine the state of the legal profession, position its members for the new normal, and launch a new conversation on access to justice. The CBA Legal Futures Initiative, the first comprehensive study of its kind in Canada, is canvassing clients and the lawyers who represent them in order to develop ideas and new approaches to help the profession and institutions meet this challenge. The Envisioning Equal Justice initiative will bring together stakeholders to discuss how to meet their shared responsibility to improve access to justice, starting with a summit April 25 -27 in Vancouver. The Futures Initiative seeks to identify the economic, social, legal and technological factors that are likely to change the legal marketplace in the next decade, and as part of that, to assess how client expectations are likely to shift in that time. From there, the CBA will look at what the legal industry and educational institutions need to do to ensure that everyone can adapt to the changing environment, and develop practice tools to keep lawyers relevant and effective into the next decade and beyond. The first phase of the initiative focused on that foundational research; Phase II will focus on consultation with legal industry stakeholders. The CBA will share its research results over the next few months, and invite both lawyers and their clients to join a ARCTIC OBITER MARCH/APRIL 2013 ■ 15
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ARCTIC OBITER

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