The function of the legislative process in British Columbia is very disappointing to us as citizens, taxpayers and British Columbians. We’ve noticed that the Government issues deceptive press releases, introduces a bill and then passes it within weeks with little or no discussion in our legislature. It turns out that it’s all a fait accompli. The decisions are made behind closed doors. The quality of the debate in our provincial house is abysmal. The MLAs seem to have little understanding of the laws that they pass. It’s not what we we’re told we’re getting living in a democracy.
If you want to make it through your life and career unscathed, keep your mouth shut and protect yourself.
On top of that the legislators seem blissfully unaware that they’re presiding over the destruction of our justice system by bureaucrats who appear bent on taking everything out of the courts and putting every dispute into a secretive tribunal where they can control or legislate the outcome.
We accept that people don’t seek political office to undermine our democracy. The problem appears to be that our elected officials are incapable of understanding the laws they’re passing. Perhaps they’re too dumb? Perhaps they don’t do their research? Perhaps they don’t know where to start in the process of doing their research?
In any event, it’s all very disappointing. We’re disappointed in the bureaucrats who are working to destroy the justice system that was the backbone of Canada. Our justice system, once greatly admired is being tribunalized to the detriment of our society for us and for future generations. We’re disappointed in our legislators who drift along in jobs that are over their heads. We’re disappointed that scandalous behaviour of governments causes no change in our modern society.
It all resembles dictatorship. The population seems content with this slide into fait accompli semi-restricted dictatorship. There is little outcry. The only way to address the problem comes on election day. Of course, the next party in power will behave much the same as the people who are in there now. Talk about disillusionment.
The lawyers can save us
Ha. This is the thing: we as lawyers are actually discouraged, and in some respects prohibited, from criticizing the government, the legislative process, government offices, tribunals and the courts. There’s a gag order in effect. We’re not allowed to tell you what we think.
For us (and many other lawyers) that conflicts with our right to freedom of expression and our desire to participate in a vigorous discussion of the direction of our society and our laws.
We push the envelope on our blog, but at the same time we censor ourselves all of the time. We’ve been subject to a whole lot of scrutiny. Some people have wanted to shut us down. Others have defended our right to freedom of speech.
Little do you know, Dear Readers of our blog, that we have faced censorship for views expressed here on our blog. It’s been painful and difficult dealing with those processes alongside our challenges to the IRP scheme.
Bearing in mind what we’ve gone through in our challenges to the IRP law, we sympathize with lawyers who don’t stick out their necks to speak out about the government and detrimental changes to our laws. If you want to make it through your life and career unscathed, keep your mouth shut and protect yourself.
We didn’t do that. Apparently as lawyers we’re missing the genes for quiet self-preservation. Still, the lawyers in our office seem all to have the gene for survival, because sometimes it seems that we fight to the death and live to fight again and again.
Good lawyers: Patty
Patty died recently. For me it was unexpected because I saw her in court only a few weeks before she died. She pulled me aside to tell me something.
Patty, a good lawyer, was a mainstay of the provincial criminal court on the Downtown Eastside of Vancouver. Over the course of her career she helped thousands of people who were facing criminal charges. She was an interesting character. On the one hand she held strong opinions, she was irascible and passionate. On the other hand she demonstrated remarkable patience with her clients. She was brilliant and she was tenacious.
Patty really rubbed some people the wrong way I was told. Although I could imagine it bearing in mind her forceful demeanor, she was always wonderful to me. And I was always happy to see her. I miss her.
The last time I spoke with Patty was a couple of months ago when she stopped me while walking out of courtroom 102. Patty was sitting by the gate to the main gallery from the barristers area. She grabbed my arm as I was walking out of court having completed my matter.
I have such great affection for Patty. Whenever she spoke to me her words were carefully chosen, insightful and important.
I leaned down. Patty told me that she wanted to tell me that she was very proud of me for what I was doing. She told me that she was proud of me for being vocal, for making noise, for calling out the Government on their bullshit and for refusing to back down in a fight for what’s right.
She went on to say that as a profession lawyers have dropped the ball by failing to advocate for our justice system. She lamented an apparent lack of courage and questioned what happened to our profession.
For days and weeks I’ve thought about what Patty told me. I didn’t know that these would be the last words she’d speak to me. When she died I realized that these were fitting last words. Now I just need to remember them and use them to keep myself on track.
Many good lawyers
There are many good lawyers in British Columbia. A short while back I wrote about G. Jack Harris and his impact on the justice system. I received wonderful emails, calls and comments on the blog post. A common thread of the feedback was that lawyers are essential for our justice system and hence our democracy.
Still, right now we’re facing an attack on our traditional forms of justice. We’re facing the destruction of the same justice system that created and encouraged the society that, until very recently, we all admired and enjoyed. Whether or not the lawyers can save us from this movement to undermine our justice system is another issue altogether. But as Easter approaches we’re not counting on any fallen lawyers to return and save us from the sins of our Government.
Wingnuts
One good reason that we don’t like to criticize the Government is that we’re worried that people will think that we’re encouraging wingnuts. There are people with a serious hate on for government of all sort, such as the jerks who call themselves freemen of the land. One problem with freedom of speech is that certain people will take bits of what you say to build upon some distorted world view. We know that lawyers often self-censor to avoid encouraging wingnuts. That’s fair, so long as the worthwhile message still gets out and forms part of the political discourse.
Bill 15
I spent Saturday night going through Bill 15 and the Motor Vehicle Act sections that this Bill changes. I’ve come up with a revised version of those sections pertinent to defending IRPs. I’ll try to post it on our blog within a day or two and then follow up with an explanation of the changes.
We’re not lacking courage to stand up and take on the Government. We are, however, lacking time and sleep. But we’ll keep going. I don’t want to disappoint Patty and G. Jack and the lawyers who come after us.