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56 www.canadianlawyermag.com OPINION BACK PAGE Lawyers safeguard democracy's foundations As threats to justice grow bolder, the courage of Canada's legal community will determine the fate of our rights Cheryl Foy is a member of the Canadian Lawyer editorial board, a university governance expert, and a former general counsel and corporate secretary. At the Canadian Legal Summit, she will appear on a panel on ethics, civility, and leadership. understanding of what's at stake. I hope he's wrong, but if he's right, it explains a lot. If you're a lawyer who doesn't grasp the rule of law, fix that – now. If we don't understand and advocate for it, our clients won't either, and democracy will continue to erode. At his annual press conference, Chief Justice Wagner expressed confidence in Canada's justice system, emphasizing judicial independence. When asked about law firms resisting political intimidation – a nod to US developments – he reminded us that lawyers are officers of the court, obligated to support judicial independence, the rule of law, and the independence of the bar. This is not a theoret- ical responsibility. It is a daily, practical one that requires courage, vigilance, and a willing- ness to speak out. So, ask yourself: How deeply do you appreciate the rule of law? Do you foster and protect it – or are you willing to help subvert it for a client? Whether you're in private prac- tice or in-house, you have the power to defend or undermine our system of justice. How are you using that power? If you're not practising with a willingness to defend and advance the rule of law, we're all in trouble. The stakes could not be higher. The rule of law is not a given; it is a living principle that must be defended every day, by every lawyer. If we abdicate that responsibility, we invite the very chaos and tyranny that Shakespeare's characters so darkly joked about. Let's not give anyone a reason to laugh at the idea of killing all the lawyers. Instead, let's give them reason to respect – and rely on – our unwavering commitment to justice. "THE FIRST thing we do, let's kill all the lawyers, ha ha ha," a new acquaintance quipped when I revealed my profession. It's a line from Shakespeare's Henry VI, and while it's often tossed around as a joke, its context is anything but funny. In the play, Jack Cade, a would-be dictator, dreams of a regime where bread and drink are cheap, money is abolished, and everyone dresses alike. His henchman, Dick the Butcher, suggests that the first step to this utopia is to kill all the lawyers. Cade agrees. Why? Because lawyers, to these would-be tyrants, are the last bulwark against autocracy – a profession standing in the way of unchecked power. It's a telling moment that has echoed through the centuries. If lawyers frustrate despots, does that make us natural defenders of democracy and the rule of law? The answer must be yes. It's not just a possibility – it's a professional obligation. In Canada, our professional rules make this clear. The Law Society of Ontario instructs us: "A lawyer should take care not to weaken or destroy public confidence in legal institutions or authorities by irresponsible allegations." Our call-to-the-bar oaths require us to uphold the law, act with honesty and integrity, champion the rule of law, and safeguard the rights and freedoms of all. These aren't just ceremonial words – they are the foundation of public trust in our profession and the justice system. The American Bar Association's Model Rules echo this, demanding lawyers uphold the legal process. Yet, recent headlines show how legal skills can be weaponized. As the New York Times reported, a Harvard-trained lawyer masterminded the US administration's campaign against top universities, using every legal lever – from funding threats to civil rights probes – to force compliance. Is this what our training is for – to undermine the very institu- tions that support a free and open society? If lawyers won't defend the ideals of justice and the rule of law, who will? Being a profes- sional means more than serving clients; it means principled leadership and a commit- ment to the system itself. We are not mere technicians, bending rules to the will of the highest bidder. We are stewards of a fragile system that, once broken, is difficult to restore. Is the rule of law under threat in Canada? There are troubling signs: a growing compla- cency, a weak appreciation that democracy depends on foundational principles – chief among them, the rule of law. Worse, some don't understand those principles at all. Earlier this year, legal commentator Jordan Furlong declared, "The battle for the rule of law is on," urging lawyers to deepen their Whether you're in private practice or in-house, you have the power to defend or undermine our system of justice. How are you using that power?