Bencher Election Statement

By Julian N. Falconer

...Our role as lawyers is fundamental to the maintenance of democratic values and the rule of law. My courtroom journeys have instilled both a sense of pride in what I see as a world class justice system and a sense of deep frustration for what I believe are systemic deficiencies that we can and must change. I am committed to the following changes:

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  Legal team, appellants and intervenors' counsel, on the Odhavji Supreme Court case
  Access to Justice/Support for Our Colleagues: It is not simply about changing how we view access to services for disadvantaged communities that deserve better, it is about changing how we view ourselves as members of the profession. We have utterly failed to create reasonable legal aid rates commensurate with the important work done by those lawyers who have primarily legal aid practices. Furthermore, lawyers practicing in the Legal Aid Clinic system demonstrate an extraordinary commitment to equity issues and poverty law and yet their remuneration lags woefully behind the private bar. As a Bencher, I will work to ensure that the Law Society strongly supports significant increases in remuneration for those whose professional choices have enhanced access to justice for all.

  Increasing legal aid rates is not the only answer. We should provide financial relief for lawyers who have a proven commitment to servicing disadvantaged communities. A reduction in Law Society fees and insurance premiums is a good start. With a Reserve Fund of $7.9 million (see the Finance and Audit Committee's Report to Convocation of October 26, 2006), it is apparent that this is fiscally achievable. Law Society medals and other awards should recognize the dedication and excellence of these practitioners. These changes will improve the number of lawyers and quality of legal services delivered to disadvantaged communities.

• Representativeness and Equity Issues: The Law Society’s current equity and diversity initiatives are substantial, but more remains to be done. Our Superior and Appellate Courts and administrative tribunal members do not adequately reflect the diverse communities over which they sit in judgment. I am personally committed to dedicating a great deal of energy to this issue and I am impatient for progress.

• Maintaining the High Standards of our Judiciary: I believe that the Law Society has an important role to play in two areas. First, the Law Society must continue to protect the principle of a truly independent judiciary. Initiatives aimed at politicizing or "police-cisizing" the judicial appointment process must be vigorously resisted. Second, the judicial discipline process is failing members of the public and members of the profession. I believe the Law Society should be a major player in studying and proposing important reforms in this area.

• The Reputation of the Bar: I believe significant resources need to be marshaled to address the unfair stereotypes that plague us as a profession. However, there are certain aspects in how we do business that need to be changed. This is an area that requires more attention including proactive steps aimed at measuring perceptions and fostering public confidence. A fair and credible discipline system that treats Bay Street and Main Street lawyers equitably is an important start. Paralegal regulation which protects the public will also be of increasing importance.