Justice system requires lawyer safety

by Robert C Brun

On December 5, 2003 the Ontario Bar Association (OBA) Council Meeting unanimously passed the following resolution:

“Whereas access to justice in a democratic society requires that lawyers be able to carry out their duties in representing individuals and groups without fear of harm;

And, whereas the Ontario Bar Association is committed to the safety of lawyers who are placed in danger in the course of their duties

Therefore be it resolved that:

The Ontario Bar Association develop in conjunction with all levels of government and policing services a risk assessment protocol, and other measures that may be deemed necessary to protect all lawyers, their families, associates and staff from harm or threat of harm.”

This resolution followed upon concerns raised by the public release of a threat made to a Toronto lawyer, which subsequently resulted in his decision to quit a high profile case. OBA President Johnathan Speigel has raised the alarm that public access to justice must not be compromised because lawyers are forced to withdraw from representation for fear of their safety. At the December meeting of the CBABC Provincial Council, similar concerns were expressed.

In 1978, when I was called to the Bar, the former Vancouver Courthouse had little in the way of need for security for judges. Judges Chambers were readily accessible to the public. Those days are now long gone. Access to judges is now restricted and overall Courthouse security has increased dramatically.

In British Columbia, in recent years, there have been a number of physical attacks on lawyers that have resulted in serious injury. Any physical or verbal threat to lawyers’ safety is a serious concern, both for Crown and private bar lawyers.

In my view the time may have now come for a careful assessment of the security needs of lawyers, not only while in court but throughout the process.

As a first step there is a need to have a better understanding of the current situation. To this end I would ask members to advise the CBABC of personal stories or anecdotal evidence of situations where they, their families or staff were, or perceived themselves to be, in harm’s way. Obviously, any such disclosure must not contain confidential client information. This information can then be reviewed by the CBABC to determine what action, if any, is required to be taken.

As I have said in the past, we are privileged to be able to practise law in British Columbia. The CBABC will continue to work to make sure that we can exercise this privilege in safety.

This article was published in the February 2004 issue of BarTalk. © 2004 The Canadian Bar Association. All rights reserved.