The Critical Role of Lawyers in International Development.

By Caroline Nevin

“Greatness is not where we stand, but in what direction we are moving. We must sail, sometimes with the wind, sometimes against it, but sail we must, and not drift nor lie at anchor.” – Oliver Wendell Holmes

One of the basic tenets of the legal profession is that lawyers have both the right and duty to ensure the spread of the rule of law and to participate in its development. This concept was codified internationally in the United Nation’s 1990 Basic Principles on the Role of Lawyers and by the “Turin Principles” adopted by the Union Internationale des Avocats in 2002.

The CBA Code of Professional Conduct states that a lawyer, “...by training, opportunity and experience, is in a position to observe the workings and discover the strengths and weaknesses of laws, legal institutions and public authorities. The lawyer should, therefore, lead in seeking improvements in the legal system…”

The CBA and its members are working hard to fulfill that compelling leadership role, both at home and abroad. The work of the CBA Branch/National Sections and Legislation and Law Reform Committees ensures that both public and confidential input is provided by some of the best lawyers in any given field. No other organization is trusted in this way by Canada’s federal and provincial governments, regardless of political stripe. Our non-partisan commitment is to provide the best possible legal advice to help produce the best laws and justice system, and governments trust us to provide our best counsel.

Further afield, the CBA International Development Program manages an amazing series of projects that bring together CBA volunteers, staff and local partners (cba.org/cba/idp). Over the past 20 years, the CBA has worked to support progress in protecting the rule of law and administration of justice in 29 countries around the world, with funding from the Government of Canada (CIDA).

The CBA Young Lawyers International Program offers 18 lawyers each year the opportunity to work with legal human rights and legal development organizations overseas. These internships provide international legal organizations with young lawyers who have the expertise to make a professional contribution to their work and give young lawyers international experience early in their careers, to help them obtain experience and employment. It is an exciting program, with passionate and enthusiastic participants.

The CBA is also a member of the International Bar Association (IBA), which has a strong international development arm, the Human Rights Institute (IBAHRI). The IBAHRI is actively engaged in international work to engage the legal profession in promoting the rule of law, and responding to the global financial crisis and terrorism. The IBAHRI has also been involved in rebuilding the legal infrastructure in crisis environments such as Haiti.

B.C. lawyers have a unique opportunity to learn more about the IBA this year – Vancouver will be hosting the IBA Annual Conference from October 3-8, 2010. Of particular note is the Rule of Law Symposium on Friday, October 8th (ibanet.org).

The CBA and IBA have the credibility and infrastructure to maintain longstanding projects and partnerships that allow lawyers, judges, law professors, students and governments from all around the world to make a difference. We are moving forward, charting a course to a better future, and you are invited to come on board.

This article was published in the June 2010 issue of BarTalk. © 2010 The Canadian Bar Association. All rights reserved.