Opportunities for lawyers to explore the options

by Doug F Robinson, QC

In its recent Secession Reference decision, the Supreme Court of Canada concluded that “in the event of a clear expression of a clear majority of Quebecois that they no longer wish to remain in Canada, the reconciliation of various rights and obligations by negotiation between two legitimate majorities, namely, the majority of the population of Quebec, and that of Canada as a whole [would be required]. A political majority at either level that does not act in accordance with the underlying principles puts at risk the legitimacy of its rights and the ultimate acceptance of the result by the international community.”

Whether one prefers to work on improving how Canada functions as a single country, or to concentrate on an orderly resolution of issues following a ‘Yes’ vote, the Supreme Court of Canada has reminded us all of our shared obligation to work hard on the “reconciliation of various rights and obligations” of all involved. Much work remains to be done, however, to build the lines of communication and avenues for constructive dialogue among individual citizens needed to achieve such a reconciliation. This work extends well beyond the Quebec/Canada issue and includes the aspirations of the other regions and of other groups in Canadian society, particularly those of the Aboriginal communities.

This is the challenge the CBA took up when it launched the Future of Canada Initiative at its 1998 Annual Conference in St. John’s. The Future of Canada Initiative is not about “saving Canada”. Instead, it is meant to give CBA members a chance to connect and share views openly with our colleagues, at a personal level, about some of the fundamental issues and concerns that underlie the constitutional debate. The goal is to engage people of all backgrounds and points of view in the process, building on the values and goodwill we share as members of a common profession.

The Future of Canada Initiative offers three basic ways for CBA members to get involved: 1) Future of Canada Internet Forum: A forum for interactive, continuous discussion for CBA members, providing an opportunity for country-wide member-to-member dialogue. 2) Dialogue Pairing Process: CBA members can ask to be paired with another member from a different province or territory to carry on a one-on-one discussion. 3) Facilitated Group Discussions: Subject to the availability of adequate funding, CBA members will have the chance to join facilitated small group discussions, in a choice of locations, with members of different backgrounds and points of view.

I urge you to take advantage of this unique opportunity to connect and share views with other CBA members about the vital concerns and issues facing Canada’s future. I also ask you to think about the financial support required for this Initiative to succeed. The Committee is asking each of us to consider making a tax-deductible donation equal to one billable hour toward the cost of this important venture. Payment can sent to the Canadian Bar Foundation, 50 O’Connor Street, Suite 902, Ottawa, Ontario K1P 6L2.

On his recent trip to Canada, Nelson Mandela spoke of the “duty” French and English Canadians have to discuss their differences in a spirit of brotherhood (and sisterhood). In reference to the extreme difficulty of working constructively with the rulers of the hated apartheid regime, Mr. Mandela said, “But you have to reconcile your feelings—your blood—with your brain. We decided to talk to them.” If citizens in a country so deeply divided can find ways to talk and find solutions, then surely Canadians can do so as well. The CBA is committed to taking a leadership role in this task, and we in the BC Branch are proud to contribute to that effort.

This article was published in the December 1998 issue of BarTalk. © 1998 The Canadian Bar Association. All rights reserved.