Canadian Lawyer

June 2016

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m J U N E 2 0 1 6 19 Levant has argued that at least some of the complaints against him, and the formal process and requirements they triggered, were "a violation of my Char- ter rights of freedom of expression, free- dom of the press, and freedom of con- science." He's right. It would be illegal and absurd to allow the demands of courtesy to trump freedom of expres- sion. Admittedly, courtesy is a desirable social quality that promotes civility. But freedom of expression is a vital prin- ciple on which our free and democratic society depends. It beggars belief that anyone could seriously entertain prizing courtesy over freedom. In particular, it beggars belief that lawyers and the organized legal profes- sion would advance such an ignorant idea, yet they do. The nadir was the bizarre prosecution of Joe Groia by the Law Society of Upper Canada. I won't rehash the depressing and fantastical details of this well-known case again (I've written about it in these pages before). Suffice it to say that zealous LSUC disciplinarians charged Groia with incivility contrary to the Rules of Professional Conduct in the conduct of an insider trading case. He was accused of being strident and sarcastic, rude to a lawyer for the Ontario Securities Com- mission, and prone to "rhetorical excess" and "petulant invective." Law society officials have pursued Groia for years, to the metaphorical ends of the earth. Shame on them. This misplaced emphasis on courtesy, the desire to avoid conflict no matter what, is part of an excessive Canadian politeness and deference to authority that is dangerous. We are too respectful of those who have position and power. Often, that is not appropriate. Some- times, it is downright dangerous. Some- times, there is a need for something more robust. Skepticism and suspicion are regarded by many as unpleasant attributes, but they have their uses. I am reminded of what the late David Carr of The New York Times said when asked why British journalists were so effective and successful in the United States: "The one question all young reporters on Fleet Street are taught to keep foremost in their mind when inter- viewing public figures can be best para- phrased as, 'Why is this jerk lying to me?'" Being obnoxious can lead to the truth. One other point about Levant's LSA resignation: Why should permission be required to resign from a law society? It's like insisting that your grown-up kids can only move out of your base- ment if you say they can. The require- ment seems authoritarian and irrel- evant. It can easily lead to protracted and pointless nonsense that eats up resources, as it did in Levant's case. The rule needs to be re-examined. There are other ways for a law society to tidy up any mess that a departing member might leave behind. Ezra Levant may be a bit of a blow- hard, but sometimes he tells it like it is. Philip Slayton is immediate past presi- dent of PEN Canada, an organization that promotes and protects freedom of expression. Consolidated Canada Business Corporations Act and Regulations 2016, 36th Edition contains the complete text of the Canada Business Corporations Act and Regulations, and Industry Canada Policy Statements and Forms that relate to it. This edition contains the following updates: • The addition of Guide 15 – Financial Statements and Proxy Circulars • Amended version of the Canada Business Corporations Act, R.S.C. 1985, c. C. 44 • Amended version of the Winding-Up and Restructuring Act, R.S.C. 1985, c. W-11 • Amended version of the Canada Not-for- Profi t Corporations Act, S.C. 2009, c. 23 • Updated version of CBCA Forms 1-14 • Updated Policy 2.7 – Requests for Correction of CBCA Certifi cates New Edition Consolidated Canada Business Corporations Act and Regulations 2016, 36th Edition Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Print + ProView Order # L7798-7078BE-65203 $47 Softcover approx. 780 pages May 2016 L7798-7078BE ProView only Order # A22736-16ON-65203 $39 A22736-16ON Print only Order # 987078-65203 $39 978-0-7798-7078-3 Annual volumes supplied on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. 00237OB-A60208 Order your copy today You can now purchase Consolidated Canada Business Corporations Act and Regulations in print, as an eBook on Thomson Reuters ProView™, or both in a bundle.* For more information regarding Thomson Reuters ProView, please visit carswell. com/proview * eBook not available to trade bookstores, third-party distributors, academic institutions, or students.

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