G. Jack Harris and Justice

Nearly a year ago, renowned Abbotsford criminal lawyer G. Jack Harris passed away. A number of things have had me thinking about G. Jack lately.

Shortly after his death some of his clients came wandering into our office looking for someone to take over their case. Each had a binder or thick envelope in hand containing the particulars and a letter explaining that Mr. Harris had died, they would need to find a new lawyer and then there was a list of possible lawyers with me as the number 1 on the list.

As lawyers we merely get to borrow the justice system for a period in order to help our clients. The justice system belongs to the society.

It seems likely that whoever wrote the letter randomized the recommended lawyers to some extent. A flood of these files in addition to our regular work load was difficult enough. Worse still is that they were all very complex impaired driving files. So I was glad that not all of G. Jack Harris’ former clients were coming though my door at once.

Complex impaireds from G. Jack Harris

I enjoy more complex impaired driving files. In fact, I’ve never lost an over .08 charge where they drew and tested blood from a client. I find the myriad of potential problems creates so much uncertainty that it’s not a reliable method of proving anything beyond a reasonable doubt. These impaired driving files are usually so complex that I end up spending a great deal of time, in vain, trying to educate prosecutors about the important considerations. Most prosecutors, judges and most lawyers will never be involved in dozens of blood-impaired cases, or even one in their careers, so it makes sense that they wouldn’t know the considerations. That’s my job.

My clients who were formerly represented by G. Jack Harris were all complex impaired driving cases. I wondered at the time if just the heavy files were being sent to me. Was this some sort of punishment? Significant accident cases, high blood-alcohol concentration cases, trials that were part way completed were what came my way. These were complex impaired driving files — nothing easy about any of them.

The legacy of lawyers like G. Jack

G. Jack Harris died at the wrong time. He was much too young. He had been practicing law for around 40 years, and he showed no intention to retire, but he was only 69 and he had a long way to go. One thing I’ve been thinking about often since he died was his legacy to the justice system.

I was a historian before I became a lawyer. I studied history and I applied and was accepted to complete a masters degree in history. I decided instead to study law. When I first got to law school, still thinking like a historian, I started looking very closely at historical developments in the law. Some things were clear to me right away. For example, the justice system is a complex interaction of individuals with developing rules designed to ensure fairness. When functioning properly, unfairness is rooted out and greater fairness is a result. The law can develop in ways that are either good or bad. The justice system can be improved by your actions as a lawyer, or you can undermine it. It’s important, therefore, to be trying to think long-term.

At that point I realized that for me, when I die I should hope to leave the justice system in better shape than when I borrowed it.

As lawyers we merely get to borrow the justice system for a period in order to help our clients. The justice system belongs to the society. It’s an incredibly valuable component of a peaceful society. We need to ensure it functions to preserve the somewhat frail order and general peaceful nature of our society.

When I think of lawyers like G. Jack Harris, I’m struck with the thought that, like all lawyers, he borrowed the justice system. He used it for the benefit of his clients and he returned it to us upon his death, mostly in better condition than when he first borrowed it. That, in my view, should be an end goal of all lawyers.

G. Jack developed creative legal arguments that became precedent-setting cases. Sometimes he won. Sometimes he lost. Either way, there were cases that he argued that were relied on to advance and clarify the law. He courageously argued points of law, interpretations of facts and on a daily basis he put forward smart arguments for his clients. And when he died he left the justice system in better shape than when he borrowed it.

My demon

One thing weighs heavily on me and that is the impact lawyers have on the course of the justice system over the time of their careers. The demon poking me is the IRP legal scheme. I know that this part of the justice system (it is part of the justice system – we can’t deny it) is much less fair, more opaque and it marks a trend away from improving the justice system. The IRP law degrades the justice system. And if I die tomorrow, the justice system will be in worse shape than it was when I became a lawyer and borrowed it.

I’m very unhappy about that. I’m trying to fix it. I now have a team of lawyers on the project and we’re doing what we can to put things back on track. I hope we repair the justice system in my lifetime. But it’s a big job.

G. Jack Harris’ clients

I’m happy to report that there is only one file still unresolved from the clients who came to us from G. Jack Harris’ office. The cases were difficult. In the end we did what was necessary, our clients were not convicted of any criminal offences and everyone is in better shape than when they first set foot in my office. We have one file outstanding, which looks even better than the rest at this point.

The legal career of G. Jack Harris came to a close with his death. He did good for the justice system. He returned it to us in better shape than when he borrowed it. I have done my best with his files to ensure that legacy. It’s a debt I owe to the lawyers who came before me.