The Top 25 Most Influential is not just about bright stars, big deals, or number of media mentions — although those may play a part. What sets our list apart is that we have endeavoured to select the most influential within the law over the last 18 months, looking at every area of practice, government, and the judiciary. It’s not about power or influence but both. For instance, some lawyers may get the billion-dollar deals but may not have influence in other areas. Who are behind cutting-edge advocacy and getting the ear of government? The judiciary obviously wields power but who hold positions that really have an impact? It’s about respect, ability to influence public opinion, and help shape the laws of this country; contribution to the strength and quality of legal services; and social and political influence and involvement. It can include politicians and regulators, but only if they are lawyers and are still in the legal field.

It’s no surprise then that Chief Justice Beverley McLachlin comes in at the No. 1 spot. But close behind are two well-deserving practitioners: James Lockyer and Brian Greenspan. The remaining Top 25, as voted by our esteemed judging panel (see page 39), are then listed in alphabetical order and include lawyers of influence from a variety of spheres.

There was definitely some spirited debate among our internal and external judges over who to include and disagreement over the final list. As panellist Yves Fortier of Ogilvy Renault LLP notes: “While I certainly agree that the 25 lawyers on this list qualify as 25 of the most influential lawyers in Canada, I cannot subscribe to the conclusion of the panel that they are the ‘top 25 most influential lawyers’ in Canada. In addition, I regret very much the fact that not one lawyer on that list is from Quebec, with the exception of my friend Irwin Cotler, who spends most of his time today in Ottawa. During the process, I put forward names of some Quebec lawyers who, I argued, should be included on any such list. Unfortunately, none were considered worthy of that accolade by my co-judges. I believe that this seriously impairs the credibility of the process and the final rankings.”

The criteria meant some powerful corporate lawyers were left out as well as former and current politicians, whose influence has waned or who aren’t lawyers. A few others didn’t make it onto the ballot due to timing but deserve a few words. In April, House of Commons Speaker Peter Milliken handed down a well-reasoned ruling on whether the government had breached parliamentary privilege by failure to comply with a Commons’ order that the government must produce uncensored copies of documents in the Afghan detainee affair. He settled the question of whether Parliament is supreme over the government and its ministers, ruling yes it is. As well, former Supreme Court justice John Major’s report into the Air India bombing also had quite an impact and has provided some long-needed closure for the families but also a blueprint for better communication between law enforcement officials as well as ways to investigate and prosecute terrorism.

But in the end the final list was arrived at democratically. So without further ado, find our list below (or click here to view a quick video).

Disagree with our choices? Did we miss someone obvious? E-mail your feedback to cleditor@clbmedia.ca or leave a comment at the end of this article. We’ll be doing it all again next year.

Top 3

1) Chief Justice Beverley McLachlin

Chief justice, Supreme Court of Canada, Ottawa

It’s safe to say there will be little debate about Chief Justice Beverley McLachlin’s placement at the top of this list. She was arguably the clear-cut No. 1 pick from the start, and our panellists have backed this up by voting her to the top spot. In this day and age, her career is virtually unparalleled. She was the first woman to be named chief justice, making her an obvious trailblazer. She has led the Supreme Court of Canada for the last 10 years after being first named to the court in 1989. Previously, she served as chief justice of the British Columbia Supreme Court from 1988 to 1989; as judge of the B.C. Court of Appeal from 1985 to 1988; and a judge of the B.C. Supreme Court from 1981 to 1985. As the head of Canada’s top court, McLachlin holds the most powerful position in the judiciary in the country, and is capable of raising debate and handing down decisions that will set precedents and, in some cases, change the face of law itself. She is highly respected by members of the legal profession as well as lawmakers and the public — in short, her level of influence cannot be understated.

What panellists had to say:
 “As a judge, she is simply primus inter pares.”

“Simply put, no other legal figure commands as much respect as McLachlin. She continues to show that the country’s top court is in good hands.”

2) James Lockyer

Partner, Lockyer Campbell Posner, Toronto

Many consider James Lockyer a saviour to any wrongly convicted person in Canada, points out one of our judges. Lockyer has devoted his career to helping those who have been victims of a breakdown in the legal system. He is a founding director of the Association in Defence of the Wrongly Convicted, and through AIDWYC has been responsible for clearing the names of several individuals who were wrongly imprisoned. Perhaps the one that had the largest impact was the exoneration of Guy Paul Morin, who was wrongfully convicted of raping and murdering an eight-year-old girl in 1984. This led to a public inquiry in Ontario in 1997 on how to avoid future wrongful convictions. Other notable individuals whom Lockyer has helped include Steven Truscott, David Milgaard, and most recently Romeo Phillion, who was released from prison in April after serving 32 years for a murder he didn’t commit. At the beginning of 2010, The Globe and Mail named Lockyer its Nation Builder of the Decade for Justice — a fitting title for a man who unfailingly fights for those who have been wronged.

What panellists had to say:
“His lifelong commitment to ensuring the criminal justice system is held to the highest levels of accountability and transparency make him a remarkable figure deserving of everyone’s respect.”

3) Brian Greenspan
Partner, Greenspan Humphrey Lavine, Toronto

For many years, Brian Greenspan was only known as the younger brother of well-known criminal lawyer Eddie Greenspan. In recent years, however, he has moved out of his brother’s shadow to ensconce himself at the plateau of Canadian criminal lawyers. If you follow the Canadian legal scene, you’ll undoubtedly know who Brian Greenspan is. He is consistently mentioned among the top lawyers in the country, and has taken part in some of the most high-profile cases of the last 20 years. He represented the Armour Pharmaceutical Co. in the tainted blood case that resulted in thousands of Canadians with hepatitis and HIV. The company was eventually acquitted after an 18-month trial. His clients have included well-known figures such as Alan Eagleson and Andrew Rankin. Already in 2010, he has acted in a number of high-profile cases, including Canada (Prime Minister) v. Khadr and Law Society of Upper Canada v. Neinstein. He has established himself as a lawyer who does not shy away from the limelight — on the contrary, he seems to relish it. Greenspan has based his career on taking high-profile cases that would make a lesser lawyer balk. His spot on this list can simply not be argued.

What panellists had to say:
“Continues to work on some of the country’s most interesting and controversial cases.”

“One of the most noteworthy lawyers in Canadian history.”

“Deserves high praise for his work on behalf of the wrongly convicted.”