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MOST Who are this country's most powerful lawyers? Not everyone may agree on who's got influence and power in the law, but here are our picks. By Gail J. Cohen 25 26 A UGUST 2010 www. C ANADIAN Law ye rmag.com TOP L ove to hate them but lists of the tops in any profession are still com- pulsive reading. Canadian Lawyer is stepping into the fray with the Top 25 Most Influential in the justice system and legal profession. As this is the first year, our list will undoubtedly be controversial but we are ready to brave the slings and arrows of the profession. The Top 25 Most Influential is not just about bright stars, big deals, or num- ber of media mentions — although those may play a part. What sets our list apart is that we have endeavoured to select the most influential within the law over the last 18 months, looking at every area of practice, government, and the judiciary. It's not about power or influence but both. For instance, some law- yers may get the billion-dollar deals but may not have influence in other areas. Who are behind cutting-edge advocacy and getting the ear of government? The judiciary obviously wields power but who hold positions that really have an impact? It's about respect, ability to influence public opinion, and help shape the laws of this country; contribution to the strength and quality of legal servic- es; and social and political influence and involvement. It can include politicians and regulators, but only if they are lawyers and are still in the legal field. It's no surprise then that Chief Justice Beverley McLachlin comes in at the No. 1 spot. But close behind are two well-deserving practitioners: James Lockyer and Brian Greenspan. The remaining Top 25, as voted by our esteemed judging panel (see page 39), are then listed in alphabetical order and include lawyers of influence from a variety of spheres. There was definitely some spirited debate among our internal and external judges over who to include and disagreement over the final list. As panellist Yves Fortier of Ogilvy Renault LLP notes: "While I certainly agree that the 25 lawyers on this list qualify as 25 of the most influential lawyers in Canada, I cannot subscribe to the conclusion of the panel that they are the 'top 25 most influential lawyers' in Canada. In addition, I regret very much the fact that not one lawyer on that list is from Quebec, with the exception of my friend Irwin Cotler, who spends most of his time today in Ottawa. During the pro- cess, I put forward names of some Quebec lawyers who, I argued, should be included on any such list. Unfortunately, none were considered worthy of that accolade by my co-judges. I believe that this seriously impairs the credibility of the process and the final rankings." The criteria meant some powerful corporate lawyers were left out as well as former and current politicians, whose influence has waned or who aren't law- yers. A few others didn't make it onto the ballot due to timing but deserve a few words. In April, House of Commons Speaker Peter Milliken handed down a well-reasoned ruling on whether the government had breached parliamentary privilege by failure to comply with a Commons' order that the government must produce uncensored copies of documents in the Afghan detainee affair. He settled the question of whether Parliament is supreme over the government and its ministers, ruling yes it is. As well, former Supreme Court justice John Major's report into the Air India bombing also had quite an impact and has provided some long-needed closure for the families but also a blueprint for bet- ter communication between law enforcement officials as well as ways to inves- tigate and prosecute terrorism. But in the end the final list was arrived at democratically. So without further ado, here it is. Disagree with our choices? Did we miss someone obvious? E-mail your feedback to cleditor@clbmedia.ca. We'll be doing it all again next year. INFLUENTIAL THE