Billions of dollars invested, not a penny lost.

CBA seeks
compromise

FICTIONAL FRAUD

Judiciary issues sanctions for baseless fraud claims

PAGE 9

ALBERTA OIL Bar association opposes Federation’s current draft model rule on client conflicts THE LAWYERS WEEKLY

on conflicts

CRISTIN SCHMITZ OTTAWA Vol. 22, No. 27 NEWS FOR THE LEGAL PROFESSION

December 6, 2002

LUIS MILLAN MONTREAL

Days before the Quebec government enacted contentious back-to-work legislation to end an acrimonious labour standoff with its Crown prosecutors and government lawyers, a judicial compensation committee released an inconspicuous report that will likely once again test the government’s rapport with the principle players of the legal system.

A five-member blue-ribbon
panel of legal and financial
experts established under the
Courts of Justice Act (Act) recom-
mended handing Court of Que-
bec judges, municipal judges and
justices of the peace a modest
hike in their pay, but it would be
surprising if the provincial gov-
ernment embraces the recom-
mendations, given past history.

Since 1998 there have been four judicial compensation committees (excluding the latest one), and the government almost always contested the recommendations, points out André Gauthier, who represented the Conférence des juges municipaux du Québec, which represents judges of municipal courts outside Laval, Montreal and Quebec City. In almost every case, judges have had to launch legal proceedings to compel the provincial government to adhere to recommendations made by the independent committee.

“The government cannot do
what it wants since the Supreme
Court of Canada laid out the
framework that must be fol-
lowed,” noted Gauthier of Cain
Lamarre Casgrain Wells LLP in
Montreal. “But since 1998, the
government has generally not
taken into account recommenda-
tions by various judicial compen-
sation committees. We’ve had to
go before the courts. [This is]
why I am not optimistic.”
Headed by Alban d’Amours, the
former head of Quebec’s largest
financial institution, the Mouve-
ment Desjardins, the committee
tabled a report before the National
Assembly recommending a 5.05
per cent salary increase over a
three year period for Court of Que-
bec judges, from the current
$221,270 to $232,443 by July
2012. It also recommended that as
of January 2012 changes be made
to the insurance plans of Court of
Quebec judges, which would
increase premiums drawn from
their annual salaries from 1.07 per

See Panel Page 3

An ex-Supreme Court judge has endorsed the Canadian Bar Association’s opposition to an “overbroad” rule on current client conflicts of interest that the Federation of Law Societies of Canada (FLSC) will consider adopting as part of its Model Code of Professional Conduct later this month.

The crux of the dispute— whose outcome will affect virtually all practising lawyers—is what ought to be the professional conduct rule governing when a lawyer may represent a client whose interests are adverse to those of an existing client?

In mid-February the Federation’s Advisory Committee on Conflicts of Interest voted 4-2 to follow the advice it received on that question from the independent legal ethics expert the Federation hired last year.

Brent Cotter, the former dean of the College of Law at the University of Saskatchewan, concluded, based partly on his view of tends is unduly stringent, unrealistic and counter-productive.

The proposed draft rule would prohibit a lawyer from representing a client whose legal interests are directly

See Conflicts Page 27

Alberta lawyer Keith Wilson is leading the charge against property rights legislation passed by the provincial government that is currently under review.

DAN RIEDLHUBER FOR THE LAWYERS WEEKLY

See story on page 2

Committee recommends modest salary increase for Quebec judges

Cotter

THE LAWYERS WEEKLY

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6,

IP in the oil patch

PAGE 15

MEETINGS

2002

Minimize meeting peeves

PAGE 21

INQUIRIES

Taking on an inquiry tough choice for lawyers

PAGE 23

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