Lawyers speak passionately about justice

On May 22, 2002, members of the Law Society of BC gathered in Vancouver and in satellite locations across the province to debate resolutions presented by members in response to cutbacks to funding and access within the justice system. The meeting was a continuation of the Special General Meeting of April 12, 2002, which had to be adjourned due to overwhelming attendance by members.

Many speakers spoke eloquently and passionately about the urgent concerns of the legal profession with respect to the impact of cutbacks to legal aid and courthouse facilities. Particularly moving were stories from those who work with impoverished and marginalized populations who will be directly impacted by the proposed cuts.

Of specific concern to members was the continuation (and increase) of the special tax lawyers’ clients must pay, with millions of those tax dollars going to priorities other than legal aid – an act for which Attorney General Plant, while in Opposition, condemned the previous government.

Victoria lawyer Michael Mulligan, speaking to his resolution expressed a lack of confidence in Geoff Plant as Attorney General, said: “We are not here to deal with an individual. We are not here to deal with a mere politician. We are not here to deal with a line item in the budget. There should be no doubt that the focus…is with respect to his performance in the office of Attorney General.”

Phil Rankin, who seconded the motion, said “While I don’t believe this motion will stop the diversion of the tax on legal services, I do believe that anything less will be misinterpreted, divide the bar and give aid and comfort to the government to do more harmful things to the legal system.”

Geoff Cowper, QC, who strongly opposed the motion, decried it as a personal attack and the resolution itself as incomplete and inaccurate. Mr. Cowper was one of a group of senior lawyers who have publicly stated that members of the Law Society should not be seeking censure of the Attorney General.

“I think it was unwise of us to enter into a political fray,” said Mr. Cowper. Vancouver lawyer Kathleen Keating and former Attorney General Bud Smith both echoed Mr. Cowper’s concerns. “This puts the Law Society at risk as an independent self-governing body,” said Ms. Keating. Mr. Smith added that the Attorney General is not accountable to the Law Society and that it was a mistake to pursue a non-confidence vote.

In response, Joe Arvay, QC of Victoria expressed his belief that the Law Society meeting – and Mr. Mulligan’s motion – were a direct result of frustration at the lack of opportunities for anyone to influence government policies and decisions, leaving few, if any, options or forums for those who oppose the government’s plans.

Mr. Mulligan’s motions were passed by an overwhelming majority of the more than 1,000 members in attendance.

This article was published in the June 2002 issue of BarTalk. © 2002 The Canadian Bar Association. All rights reserved.