Gerald Chan hopes initiative will lead to public education
A handful of high profile lawyers are asking the rest of the profession to make a public pledge to support the rule of law.
So far, 471 lawyers from across the country have put their names forward, promising to protect the judicial system from undue interference, support the rule of law by ensuring access to justice for all litigants (and offering pro bono services where necessary) and uphold the belief that an attack on one member of the legal professional is an attack on all.
Toronto-based Gerald Chan, a partner at Stockwoods and a member of the criminal bar, says that it’s often too easy for lawyers to get wrapped up in their day-to-day issues, and this initiative is a way to bring the broader profession together in a cause everybody can champion.
Chan is one of the six lawyers spearheading the project. The others are Sandra Barton (Gowling), whom he describes as the “driving force,” Sheila Block (Torys), Jennifer Orange (Lincoln Alexander School of Law at Toronto Metropolitan University), Lindsay Scott (Paliare Roland), and Jake Okechukwu Effoduh (Lincoln Alexander School of Law at Toronto Metropolitan University).
Chan says that considering recent events, he and his colleagues had begun discussing how fragile the rule of law can be and how people shouldn’t take it for granted, even though they often do.
“This is as good a time as any for lawyers to reaffirm their professional responsibilities. We think of it as a renewal of vows, to analogize to a more personal context, and to do that before the rule of law comes under attack in our country as opposed to afterwards,” he explains.
“This really was born out of a concern and belief that our legal system and our constitutional rights are not self-executing and that they require constant and active vigilance.”
Beyond the pledge, the initiative has educational goals for both members of the profession and the public. Its goal is to explain what the rule of law means since it can be such an abstract phrase, open to interpretation.
He believes the public education component is vital should the rule of law ever be threatened.
“We expect governments will share our commitment to the rule of law in Canada. But if there ever is any sort of more serious or sustained institutional attack on the legal profession or on the on the courts or on the rule of law, then it won’t just be lawyers speaking out – that we’ll engage the public.”
According to Chan, the most critical aspect of maintaining the rule of law is ensuring a free and independent bar, as everything else flows from that. An independent bar can speak up on behalf of the judiciary should it be threatened, take steps to help marginalized litigants, and protect the sanctity of the rule of law.
As this is a new initiative, Chan says the group doesn’t have any firm plans at this point to establish a more formal organizational structure (such as naming a president, a chair, or a board). Instead, they see themselves as more of a grassroots initiative.
“We are trying to be a catalyst for those in the profession to think more seriously about this, and to and to commit to certain values. What specific form and shape it takes from here? It's just early days.”
