Continued From Page 9
administration of justice; relationship to students, employees
and others; and relationship to
the society and other lawyers.
The NSBS version closely mir-
rors the national model, but there
are differences that reflect the
province’s unique legal landscape.
In some cases, these are house-
keeping changes. Under the fed-
eration’s model code, for example,
the definition of “lawyer” is essen-
tially someone who is a member of
a law society. In Nova Scotia, there
is a statutory definition for a “law-
yer” as someone who can practice
law in the province (even if he or
she is not a member of the provin-
This has been a contentious
topic. In 2009, the national model
code was adopted without a rule
on conflicts of interest pending
further study. Two reports were
subsequently produced and a rule
adopted as part of the code last
spring, but it did not include guid-
ance on current clients. The
revised rule, spelled out in a 102-
page report from the Standing
Committee on the Model Code of
Professional Conduct, is being
scrutinized by law societies across
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Continued From Page 4
B.C. Supreme Court Chief Justice
Robert Bauman and Provincial
Court Chief Judge Thomas
Crabtree welcomed the review.
“A fully functioning justice sys-
tem is an essential element of a free
and democratic society governed
by the rule of law,” they said in a
joint statement. “Any suggestions
for improvements to that system
merit serious consideration.”
But, the judges cautioned that
the review must respect the con-
stitutional framework in which
the justice system operates.
“That framework places certain
responsibilities on the partici-
pants and is founded on an
The green paper identifies 10
challenges to be examined:
Clark and Bond also pointed to
the appointment of nine new
judges Feb. 7 as another example
of the government’s commitment
to addressing caseload pressures
and improved court access.
But, said Fowler, the appoint-
ments cover judges who have
retired. “We’re still deficient.”
A Dec. 31 provincial court
judge complement report notes
the system was 18 judges below
the level 143-judge complement
the court uses as an effective base-
line as of 2005. n
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