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they left. If there were to be a new inquiry committee, they said, it would be pointless for Douglas to go ahead with judicial review of the prior committee's proceedings. "It is ironic that the only way this Committee can meet the transparency requirements so essential for public confidence and inform the public of this critical flaw in the process is to resign but, regrettably, that appears to be the case." The public is entitled to be outraged by this shambles. No one comes out of it looking good. Who should we be mad at, and why? Douglas, for starters. As I wrote in this column over a year ago, it is hard not to have some sympathy for her predicament, but it's clear she's too compromised to sit as a judge again. She should have realized early on that her position was untenable and the good of the justice system required her resignation. It was her duty to resign. That, and perhaps only that, would have restored some faith in Douglas' judgment and integrity. Then there's the CJC inquiry commit- tee, chaired by Chief Justice Catherine Fraser of Alberta. The general view in the legal profession is the committee made a hash of things, losing control of its proceedings and leaving itself open to charges of bias. Block certainly thought the committee was biased, and it seems she was not alone. In August 2012, the committee's independent counsel, Guy Pratte, a senior and respected lawyer, resigned. Word has it Pratte thought the committee was interfering with his independent status and taking an inappropriately aggressive attitude towards witnesses. Pratte's lengthy resignation letter so far has not been made public. And then there's the law itself. The committee, inept as it seems to have been, had a point when it comes to judicial review of its proceedings by the Federal Court. It's not even clear the Federal Court has jurisdiction over the committee, which is not an administrative tribunal, but has the status of a superior court given by the Judges Act. If the committee is subject to the Federal Court's jurisdiction, then it should have proper legal representation by counsel it retains (as distinct from the independent counsel it appoints). Otherwise, as the committee noted, the likely outcome is "delay, wasted costs, confusion, inconsistency and perhaps, in the end, failure." Time for the law to be clarified or changed. All this may seem like inside baseball, too esoteric to matter much to the general public. Not so. The Lori Douglas affair makes the judiciary look bad to the person on the street, and that's a big deal. An individual judge who should depart is clinging on for dear life (and a fat paycheque). The risqué facts have attracted widespread media attention. There doesn't seem to be any quick and fair way of considering whether a judge should be disciplined. The law looks like an ass. There are no heroes in this tawdry tale. Philip Slayton is president of PEN Canada, an organization of writers that protects and promotes freedom of expression. Follow him on Twitter @philipslayton. Inter-Pacific Bar Association 24th Annual Meeting & Conference May 8th – 11th, 2014 | Vancouver, Canada Conference Theme: Sustainability in a Finite World Full details of the Conference are available at www.ipba2014.com. The IPBA's Annual Conference is the year's pre-eminent gathering of lawyers with an Asia-Pacific focus. The 2014 Conference will feature: • Opportunities to network with leading lawyers from throughout the AsiaPacific region and elsewhere around the world. • Over 25 distinguished guest speakers, including leaders from the world of business, policy development, environmental awareness and the law, debating aspects of the Conference theme: Sustainabilty in a Finite World. • More than 40 breakout sessions presented by the IPBA's 22 practice area Committees on current topics of interest to lawyers with an Asia-Pacific focus and eligible for CLE/CPD credit in many jurisdictions. Special Code: CDNLAWYER - When registering, enter the code CDNLAWYER to receive special pricing for Canadian Lawyer readers. Register for this outstanding event today at www.ipba2014.com! ThomsonReuters_CL_Feb_14.indd 1 www.CANADIAN L a w ye r m a g . c o m 14-01-13 10:13 AM F e b r uary 2014 17

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