I WANT THE JUSTICE SYSTEM TO DEAL WITH ME FAIRLY: I SHOULD NOT BE PERSECUTED FOR NO PROFESSIONAL MISCONDUCT. I WANT TO UPHOLD THE PUBLIC INTERESTS THAT THE COMMON PEOPLE GET FAIR LEGAL SERVICES
Friday, November 25, 2011
ORDER OF THE PRESIDENT OF SAT HIS HONOUR JUSTICE CHANEY IN VR158 OF 2011 IN FAVOUR OF MAURICE LAW SUBPOENA HEARD ON 15.11.2011.
Self-Governance as a Necessary Condition of Constitutionally Mandated Lawyer Independence in British Columbia: A speech by Gordon Turriff, QC, President of the Law Society of British Columbia,at the Conference of Regulatory Officers, Perth, Australia September 17, 2009 found at: http://www.malaysianbar.org.my/speeches/speech_by_gordon_turriff_president_law_society_of_british_columbia_at_the_conference_of_regulatory_officers_perth_australia_in_september_2009.html November 27, 2009.
Self-Governance as a Necessary Condition of Constitutionally Mandated Lawyer Independence in British Columbia: A speech by Gordon Turriff, QC, President of the Law Society of British Columbia,at the Conference of Regulatory Officers, Perth, Australia September 17, 2009 found at: http://www.malaysianbar.org.my/speeches/speech_by_gordon_turriff_president_law_society_of_british_columbia_at_the_conference_of_regulatory_officers_perth_australia_in_september_2009.html November 27, 2009.
The learned Gordon Turriff QC commented on Australian regulators in these words: "....But I also went further afield. I wangled an invitation as a keynote speaker at the annual conference of Australian regulatory officers. These are the people from across Australia who do the regulatory work — credentialling, standard-setting and discipline — that the Law Society does in British Columbia. The Australian regulators met in Perth in September and I joined them for a very interesting two days. The days were interesting for me because the arrangements for lawyer regulation in Australia are very different from what they are in Canada. Starkly different. And, as I argued, not protective of the rule of law." HE SAID AUSTRALIAN REGULATORS OF THE LEGAL PROFESSION ARE NOT PROTECTIVE OF THE RULE OF LAW. THIS MEANS THAT THEY ARE BEING UNFAIR TO THE LAWYERS UNDER THEIR CONTROL. Here is my Australian speech.
THE LEARNED PRESIDENT SAID FURTHER THAT WE MUST HAVE RULE OF LAW TO PROVIDE FAIRNESS TO LAWYERS AND PRESERVE THEIR INDEPENDENCE: 'The rule of law is the keystone for order, and the key to prosperity, in all our communities. The rule of law is a conception, a shared commitment to a set of inter-dependent propositions about how people can live together under arrangements that guarantee fairness in all respects, no matter how different those people might be in any respect. I will state the propositions here: that law, not force, or even the power of a personality, should regulate our lives1 that the law that regulates our lives is a body of rules to which at least a majority of 2. us, in any community, has assented, and which are intended, as much as is possible, to balance competing public and individual interests; that no one, including government, is above the law, meaning that, unless expressly 3. excepted, all rules bind all people to whom they could apply; that everyone is equal before the law, meaning that all rules apply the same way to 4. all people; that judges must be impartial and independent, meaning that they must not pre-judge 5. the matters they must decide and that their judgments must result from thoughtful consideration only of the evidence led and arguments made before them; that lawyers must be independent, meaning that they must be free of all influences 6. that might impair their ability to discharge the duty of loyalty they owe each of their clients; and that the confidentiality of communications between lawyers and their clients must 7. be preserved so that clients will be encouraged to lay everything bare, and by doing so ensure that they will get their lawyers’ best advice.
The Learned President of British Columbia BAR Mr. Gordon TURRIFF offered his apology at page 8 of his speech in the following words:
''B. Apologia Here I must tell you that I have not come to your country to suggest that you have it all wrong. Rather, I have come to tell you what arrangements we have in Canada, and particularly in British Columbia, and to say why we think the arrangements we have are the right ones, at least for us, and we hope for others, providing and ensuring as they do what we like to think is a nearly ideal manifestation of lawyer independence. Our arrangements may not be as perfect as the real purists — like me — would like them to be, but we think they are very good and we are striving to make them even better. I will leave it to you to judge for yourselves whether our arrangements or yours are superior.''
Self-Governance as a Necessary Condition of Constitutionally Mandated Lawyer Independence in British Columbia: A speech by Gordon Turriff, QC, President of the Law Society of British Columbia,at the Conference of Regulatory Officers, Perth, Australia
ReplyDeleteSeptember 17, 2009 found at: http://www.malaysianbar.org.my/speeches/speech_by_gordon_turriff_president_law_society_of_british_columbia_at_the_conference_of_regulatory_officers_perth_australia_in_september_2009.html
November 27, 2009.
Self-Governance as a Necessary Condition of Constitutionally Mandated Lawyer Independence in British Columbia: A speech by Gordon Turriff, QC, President of the Law Society of British Columbia,at the Conference of Regulatory Officers, Perth, Australia
ReplyDeleteSeptember 17, 2009 found at: http://www.malaysianbar.org.my/speeches/speech_by_gordon_turriff_president_law_society_of_british_columbia_at_the_conference_of_regulatory_officers_perth_australia_in_september_2009.html
November 27, 2009.
The learned Gordon Turriff QC commented on Australian regulators in these words:
ReplyDelete"....But I also went further afield. I wangled an invitation as a keynote speaker at the annual conference of Australian regulatory officers. These are the people from across Australia who do the regulatory work — credentialling, standard-setting and discipline — that the Law Society does in British Columbia. The Australian regulators met in Perth in September and I joined them for a very interesting two days. The days were interesting for me because the arrangements for lawyer regulation in Australia are very different from what they are in Canada. Starkly different. And, as I argued, not protective of the rule of law."
HE SAID AUSTRALIAN REGULATORS OF THE LEGAL PROFESSION ARE NOT PROTECTIVE OF THE RULE OF LAW. THIS MEANS THAT THEY ARE BEING UNFAIR TO THE LAWYERS UNDER THEIR CONTROL.
Here is my Australian speech.
THE LEARNED PRESIDENT SAID FURTHER THAT WE MUST HAVE RULE OF LAW TO PROVIDE FAIRNESS TO LAWYERS AND PRESERVE THEIR INDEPENDENCE:
ReplyDelete'The rule of law is the keystone for order, and the key to prosperity, in all our communities. The rule of law is a conception, a shared commitment to a set of inter-dependent propositions about how people can live together under arrangements that guarantee fairness in all respects, no matter how different those people might be in any respect. I will state the propositions here:
that law, not force, or even the power of a personality, should regulate our lives1 that the law that regulates our lives is a body of rules to which at least a majority of 2. us, in any community, has assented, and which are intended, as much as is possible, to balance competing public and individual interests;
that no one, including government, is above the law, meaning that, unless expressly 3. excepted, all rules bind all people to whom they could apply;
that everyone is equal before the law, meaning that all rules apply the same way to 4. all people;
that judges must be impartial and independent, meaning that they must not pre-judge 5. the matters they must decide and that their judgments must result from thoughtful consideration only of the evidence led and arguments made before them;
that lawyers must be independent, meaning that they must be free of all influences 6. that might impair their ability to discharge the duty of loyalty they owe each of their clients; and that the confidentiality of communications between lawyers and their clients must 7. be preserved so that clients will be encouraged to lay everything bare, and by doing so ensure that they will get their lawyers’ best advice.
The Learned President of British Columbia BAR Mr. Gordon TURRIFF offered his apology at page 8 of his speech in the following words:
ReplyDelete''B. Apologia
Here I must tell you that I have not come to your country to suggest that you have it all wrong. Rather, I have come to tell you what arrangements we have in Canada, and particularly in British Columbia, and to say why we think the arrangements we have are the right ones, at least for us, and we hope for others, providing and ensuring as they do what we like to think is a nearly ideal manifestation of lawyer independence. Our arrangements may not be as perfect as the real purists — like me — would like them to be, but we think they are very good and we are striving to make them even better. I will leave it to you to judge for yourselves whether our arrangements or yours are superior.''