Page images
PDF
EPUB

Toronto, Ontario; Mr. R. A. Pringle, K.C., Ottawa, Ontario ; Mr. W. Boston Towers, Winnipeg, Manitoba; Mr. R. A. Tremaine, Truro, Nova Scotia; Mr. James Auld, Winnipeg, Manitoba.

The year has been marked by the inauguration of Life Memberships. This Committee ventures to hope that the number of Life Members will be greatly increased before the next Annual Meeting.

The Committee would again impress on all members of the Association the desirability of prompt payment of the annual fees. The fee of $2.00 is so small that a considerable percentage of it is absorbed in expense incidental to the keeping of accounts and postage. It is the custom of many firms to send a firm cheque for the fees of all barristers associated in the firm, and the Committee trusts this practice will be continued and extended. The Committee would remind the members of the profession that it is very desirable to encourage those who are from time to time admitted to the practice of law to become members of The Canadian Bar Association. Experience has shown that a personal canvass by interested members of the Bar is by far the most effective way of increasing the membership of the Association. Circular appeals sent out from the Secretary's office too often find their way to the waste paper basket or are put aside and ultimately lost. If every member of the Association would make it a point to speak to one of his fellow practitioners, we should be able to report an astonishing increase in our membership. At the same time, the Committee is very pleased to find, on investigation, that, so far as is known, no other voluntary professional organization in Canada has attained a membership equal to that of The Canadian Bar Association during the first eight years of its existence. When it is remembered that war conditions hampered the growth of the Association during the first four or five years, the results already achieved are eminently satisfactory and emphasize in a striking way the esprit de corps of the profession in Canada.

REPORT OF THE COMMITTEE ON LEGAL ETHICS.

The Committee is pleased to report an increasing appreciation of the action of the Association in promulgating the Canons of Ethics adopted at the Annual Meeting in 1920.

As mentioned in the last Report, these Canons have been approved by the Benchers of the Law Societies of Alberta, British Columbia, Manitoba and Saskatchewan, and have been printed by direction of the Law Society, in Volume XXX. of the Manitoba Law Reports at page 627. It is hoped they may soon receive similar recognition by the Official Law Societies in the other provinces.

In the Province of Manitoba it has become the practice for the Chief Justice of the Court of King's Bench, when students are admitted to the Bar, to direct their attention to the Canons, of which a copy is handed to each candidate upon his signing the Roll.

In January last, the President of the Canadian Bar Association addressed at Brandon, Manitoba, a joint meeting of the Canadian Club, the Kiwanis Club and the Rotary Club on "Business Ethics." In the course of his address, the President referred to the Canons of Ethics adopted by this Association and quoted extensively from them. The Committee is informed that the International Executive of the Rotary Clubs have requested that this address should be printed and circulated by the Brandon Club.

In answer to an inquiry as to what instruction is given in Legal Ethics to students at the various Law Schools throughout the Dominion, replies have been received from the Law Schools or Universities in seven of the provinces (four Western and three Eastern), stating that such lectures are given by judges and the prominent members of the Bar.

At Dalhousie University, Halifax, the Dean reports that annually by the Honourable Mr. Justice Migneault of the Supreme Court of Canada, Ottawa, with special reference to the statutory requirements of the Quebec Bar.

At Osgoode Hall, Toronto, an annual address is delivered by Mr. Hamilton Cassels, K.C., on the Solicitors Act, R.S.O., chapter 159, and by Mr. Justice Middleton on Professional Ethics. Other Judges of the Supreme Court of Ontario, who give special lectures, deal with this subject.

1

At Dalhousie University, Halifax, the Dean reports that lectures will probably be delivered to the students of the final year on this subject next year, preferably by a member of the Bench.

The Manitoba Law School has adopted the suggestion of the Association that the subject of Legal Ethics should be part of the regular curriculum, and at its next session a full course of Legal Ethics, based largely on the Canons of Legal Ethics, will be given to the students in the third year. This course is intended to cover the duties and obligations of the legal profession generally to the State, to the Court, to the Client, and to the Profession. Students will be required to pass an examination in this subject, as in any other subject in which instruction is given.

At Wetmore Hall, Regina, Saskatchewan, His Honour Judge Hannon delivered a course of lectures on the subject of Legal Ethics, which were also attended by many members of the Bar. The lectures took the form of addresses, with frequent illustrations from actual incidents within the knowledge of the lecturer, and others drawn from various sources in England and elsewhere.

A systematic course of lectures has not yet been arranged in the University of Saskatchewan, Saskatoon, although two or three lectures have been delivered by lawyers in active practice. The Dean of the Law School suggests that a conference might be held between the Committees on Legal Education and Legal Ethics, as to the best method of instruction in the Law Schools.

In the Law School of the University of Alberta, Edmonton, provision has been made for a course of lectures extending from six to ten hours in the final year of the Course, to be given by some distinguished members of the Judiciary or of the Local Bar.

In the Vancouver Law School one lecture in the final year's Course is devoted to this subject.

In all these schools, students are presented with a copy of the Canons of Ethics supplemented, in some instances, with a copy of the Lecture by Chief Justice Mathers, referred to in the previous Report.

Some of the principals of the Law Schools have pointed out that the subject of Legal Ethics is not one for a lengthy course of formal lectures, but a conversational discussion of problems of practical difficulty is recommended inasmuch as instruction. by way of commentary upon these rules is apt to be "somewhat

C.B.A.-17

abstract and lifeless." In the main, as Dr. Warvelle remarks in the preface to his Essays on Legal Ethics, (Chicago, 1902), the ethical code of the Profession has not been the subject of either legislative or judicial action, nor can it ever become such. The actual enforcement of such of these rules as may be capable of enforcement, although comparatively few, must be, of course, in the hands of the Disciplinary Committees of the governing bodies of the various Law Societies of the different provinces. The value of the disciplinary powers cannot be overestimated.

Although with the adoption of the Canons of Legal Ethics it may appear that, to a great extent, the work of the Committee has been accomplished, yet the following lines of activity remain open :

1. To secure the adoption of the Canons of Legal Ethics by all the Official Societies.

2. To arrange for their distribution especially to those who are commencing the study or practice of law.

3. To co-operate with the various Law Schools in arranging for lectures on this subject.

4. To consider the preparation of a suitable Canadian text book on the subject.

In Canada, the discipline of the Bar is in the hands of the Official Law Societies of the different provinces. These bodies admirably discharge their duties to the public and to the profession. With the development of the country, it may become desirable to establish a Council, or other similar body, to deal with questions of Legal Ethics submitted by members of the Association. Problems occasionally arise upon which members of the profession, and especially young practitioners, may desire to have confidential and sympathetic advice from the more experienced members.

In the preamble to the Canons adopted by the Association, it is stated that "these should be construed as a general guide and not as a denial of the existence of other duties equally imperative though not specifically mentioned."

Up to the present time the necessity for such a Council is not generally apparent, and the suggestion may, therefore, be reserved for future consideration.

REPORT OF THE COMMITTEE ON LEGAL
EDUCATION.

The efforts of the Committee during the past year have been directed along two main lines, viz., (1) considering what could be done to secure publication of more suitable books for instruction in the courses of the Standard Curriculum recommended by the Association; (2) suggesting to the various Provincial Bar Associations the desirability of raising the standard of preliminary education required from students applying for admission as articled clerks.

I.

Regarding the first matter, the publication of suitable books, a considerable interchange of views was effected by means of correspondence between various members of the Committee. Speaking generally, the views expressed embraced the following points :

(1) That it was desirable to encourage the publication of suitable case-books or source-books which could be used for purposes of instruction in all the common law provinces.

(2) That the Committee might suggest to such persons as it might consider specially qualified for the task the desirability of undertaking the preparation and publication of case-books on specified subjects.

(3) That a high standard should be aimed at in the preparation of such books and, to this end, that the authors thereof be invited to submit to the members of the Committee and to those engaged in teaching or others interested in legal education, (a) a list of the cases they proposed to use, and (b) specimen pages of their manuscripts with a view to obtaining criticisms and suggestions as to the cases to be used, the method of editing, etc.

(4) That neither the Committee nor the Association should assume any financial responsibility for the publication of such books, but that this be a matter left between the authors and publishers.

(5) That it was desirable to proceed slowly, beginning with one or two books, As a result of a very general expression of opinion the suggestion was conveyed to Mr. Justice Russell of the Supreme Court of Nova Scotia, who has taught Contracts

« EelmineJätka »