As the news about the United States’ presidential election campaign and the operation of its judicial system infiltrates our Canadian consciousness, this issue of BarTalk, “Public Law and Politics” is timely. And there is no shortage of discussion topics in Canada with SCC Justice Jamal’s recusal from a recent case, the use of the notwithstanding clause in Saskatchewan, and surprise steps in legal aid negotiations in Alberta. Let’s not forget the unofficial summer start of the provincial election campaign and the politicization of bail reform.
How we go about discussing these topics is important. Lawyers have ethical obligations to fulfill that govern how we discuss improvements to our justice system or speak of lawyers and judges. We have enhanced education about the role of government and judges that we can share. We have critical thinking skills that we can and should use to evaluate information and help others to understand. All of these privileges can be exercised by any one of us to elevate and inform discussions.
But many lawyers shy away from these potential roles as educator, advisor or thought-leader. There are valid reasons for hesitancy, not the least of which is the emotional exhaustion of engaging with some people who don’t want to learn. Without a lot of us bravely joining the discussion, however, we run a significant risk that decisions and actions will be ill-informed and therefore have unintended consequences.
The good news is that there are positive stories to tell. There are jurors who leave their service impressed by the role of the lawyers and the judge in the case, who believe that the criminal justice system works effectively. There are young adults who help develop new ways for kids to engage in their family’s restructuring after their parents separate. There are judges making daily decisions that keep our society functioning within the laws the politicians established.
Later this summer, CBABC will release Agenda for Justice 2024, our recommendations to the next provincial government on law and policy reform and funding priorities. The recommendations are based on the work of members on CBABC committees over the past few years and are presented in plain language to make the information accessible to everyone. Every recommendation is backed up by a more detailed briefing note to help political researchers and policy-makers develop arguments. If you take up the cause of discussing some of these issues with friends and family or candidates for election, Agenda for Justice 2024 will be helpful to you.
CBABC’s work in advocacy, Sections and other member programs depends on the engagement of volunteers. BarTalk is no different. This issue contains David Bilinsky’s last column, which started all the way back in 1994. By volunteering to write an article, David gained a platform from which he shared timely information about law practice management, particularly emerging technology. His is one of many examples of lawyers volunteering with CBABC, leveraging the experience to not only build their profile, but to share their knowledge with the profession to make us all better.
Throughout 30 years of columns, David has been a resource for multiple generations of lawyers. I remember as a young lawyer ripping out his column from the physical copy of BarTalk to bring it to a meeting with law firm management. Fast forward 20 years or so to earlier this year, I heard lawyers in our law firm visits tell me that David’s column in BarTalk is their one constant and reliable go-to to keep up with recommended technology options.
On behalf of CBABC membership and staff, I thank David Bilinsky for faithfully thinking, exploring, and asking the questions to write PracticeTalk. You have made a difference to the practice of law. We wish you a long and healthy retirement.