The premier weekly newspaper for the legal profession in Ontario
Issue link: https://digital.lawtimesnews.com/i/54116
top newsmakers No sugar coating from the governor general BY GAIL J. COHEN L awyers and judges have lost sight of justice and the public good, Gov. Gen. David Johnston told an audience of law- yers and judges at the annual Canadian Bar Association meeting in Halifax in August. The speech was a rare public dressing-down from not only a senior public figure but also a member of the profession who prac- tised law for many years and was dean of the law school at the Uni- versity of Western Ontario. In his stinging assessment, Johnston essentially told the profes- sion it needed to pull up its boots or there are going to be conse- quences. "We enjoy a monopoly to practise law. In return, we are duty bound to serve our clients competently, to improve justice, and to continuously create the good. That's the deal. "What happens if we fail to meet our obligations under the social contract? Society will change the social contract and rede- fine professionalism for us. Regulation and change will be forced upon us — quite possibly in forms which diminish or remove our self-regulatory privilege." Johnston then went on to challenge the profession to transform itself and hold up its end of the social contract it has with Cana- dian society. "We need a new model for professionalism in law. To borrow a saying from a sister profession: physician, heal thyself. "How can we use Canada's sesquicentennial in 2017 to re-eval- uate and update our professional responsibility? Can we craft a new definition of the legal professional? To answer these questions, let me suggest six key relationships that may help us in our search." The six, in his view, are justice, trust, education, social need, the firm, and public service. Johnston cited legal logjams in Canadian courts where, accord- ing to him, justice delayed becomes justice denied. He singled out Ontario in particular. While the province is making efforts to improve court processing times, Johnston called the pace of these efforts "woefully slow." Judges didn't come out unscathed either. "Judges, in par- administration of our courts, by lending their expertise and authority to this impor- tant matter," said Johnston. "As the individuals entrusted to preside over our courts, judges have a responsibility to ensure justice is served in all its forms, not solely when it comes to delivering judgments." Johnston agreed with Chief 'We need a new model for professionalism in law,' David Johnston told the CBA. Justice Beverley McLachlin's comments of a day earlier in which she again noted that the justice system is out of reach for the average Canadian. "For many today, the law is not accessible, save for large corporations and desperate people at the low end of the income scale charged with serious criminal offences. We must engage our most innovative thinking to redefine professionalism and regain our focus on serving the public." A chasm between legal education and the practice of law also exists that Johnston said needed to be addressed. According to him, law schools have lost touch with the real world and the actual prac- tice of law. He went on to cite the collapse of Wall Street as one example where lawyers, in Canada and beyond, papered over fraudulent deals and stayed silent about conflicts of interest in "the web of financial transactions and creative financial instruments" and in the face of the deregulation that led to economic disaster. The governor general's frank comments resonated at the con- ference and were a key topic of discussion in many legal forums afterwards. His experience has informed his opinions and now he's using his position to make noise about the changes he believes need to take place. Will the profession rise to the challenge? 2011 may turn out to be the year it saw the need to finally do so. ticular, can help in our effort to reduce delays and improve the n Read Johnston's full speech at: tinyurl.com/ggspeech. Putting the legal community front and centre has made us the #1 choice with Canadian lawyers for over a decade. At Stewart Title, we keep real estate transactions where they belong – in your office! puts you front row, centre The title insurer that Untitled-3 1 1-888-667-5151 or www.stewart.ca 2011 top news & newsmakers 5 11-11-17 4:02 PM Photo: Master Cpl. Dany Veillette