Back in April I was quite critical of the response (or lack thereof) coming from Canadian lawyers and law firms to actions taken by the United States Government to attack lawyers and the rule of law. It turns out, a group of lawyers and professors have been working on the matter and have released the Rule of Law Project. I would like to personally thank the leaders of this initiative: Sandra Barton, Sheila Block, Gerald Chan, Jennifer Orange, Lindsay Scott and Jake Okechukwu Effoduh.
What is the Rule of Law Project? The website states, in part, that “..in recent months we have seen how fragile the Rule of Law can be and how quickly it can be eroded. Could the Rule of Law be attacked and eroded in Canada? The answer is yes, it could.” It is clearly a reaction to steps taken by the current President of the United States and his Government’s attacks on the rule of law by targeting of lawyers, law firms and even judicial officers. I have found those developments very troubling and think it is wise for a group dedicated to protecting the Rule of Law to be formed at this moment.
The Rule of Law Project has other things planned but as a starting point they are encouraging Canadian lawyers to unite and collectively pledge to uphold the rule of law. I am advised that as of July 11th 920 lawyers have signed the pledge, including retired judges: Ian Binnie, Frank Iacobucci, Louise Arbour George Strathy and Robert Richards. The text of the pledge is below:
1. Protection of the judicial system
We affirm our obligation to encourage respect for the administration of justice, and commit to protecting the Canadian judicial system and all of its participants from undue interference of any kind.
2. Legal work supporting the rule of law
We will seek to ensure access to justice for litigants where the rule of law in Canada is at stake, including through pro bono work where necessary.
3. An attack on one is an attack on all
We commit to supporting members of this Coalition of Canadian Lawyers in their work to uphold the principles in this document. If any coalition member becomes subject to undue harm or interference by any arm of any Canadian government as a result of its efforts to uphold the above principles, we all commit to supporting that member's resistance efforts.
More information about the project can be found online here. You can sign the pledge by clicking this link.
Although not mentioned by the Rule of Law Project expressly, the events that have occurred in the United States in recent months are particularly troubling to me. While many had hoped for a unified response to the administrations’ actions, there have been several very large law firms and influential lawyers who, in my personal view, have shown cowardice when confronted with attacks on the rule of law. I understand that there were some early efforts to unify the profession once the attacks began but that those efforts were not successful. I see the efforts of the Rule of Law Project as a way to get ahead of the issue should it ever rear it’s ugly head in our country.
I hope many of you will join me in signing this pledge and in following the work of the Rule of Law Project. To further support the pledge, feel free to share this note with your colleagues and broader networks.
Thanks again to the outstanding leaders who are working on this initiative.
Erin Durant