Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 7 17 was that Chaudhry was no friend of the government and the prime minister wanted to get rid of him.) In November 2007, police raided the Lahore High Court Bar Association, using batons and tear gas, and arrested more than 800 lawyers, including judges. Even the Law Society of Upper Canada was upset and issued a statement, which began: "The actions of President General Per- vez Musharraf are blatant violations of fundamental human rights under inter- national law and unacceptable attacks on the independence of the judiciary, the bar, and the rule of law." The Lawyers Movement (supported by most but not all lawyers in Pakistan) has continued to oppose the govern- ment. Most recently, on May 20, the Supreme Court Bar Association and the Lahore High Court Bar Association issued a joint statement: "Both bar asso- ciations are of the view that in light of the Supreme Court's ruling on the Pan- ama Papers case (that questioned the moral authority of the premier to rule), PM Nawaz Sharif should no longer hold his office and should therefore resign." The bar associations gave the prime minister seven days to go. They threat- ened a nationwide movement against him. In July, the Pakistani Supreme Court disqualified Sharif from holding elected office and he finally resigned. It's difficult to criticize Pakistan's legal profession for the action it has taken. It would be easier to criticize Pakistani lawyers had they done noth- ing. What if the United States turned into Pakistan? Preposterous, you say? When the courts blocked Trump's first immigration executive order, the pres- ident said the "so-called judge" had made a "ridiculous" decision, and he later said the courts "seem to be so political." When his executive order withholding federal funding from sanc- tuary cities was blocked by a federal district judge in April, Trump com- mented, "This case is yet one more example of egregious overreach by a single, unelected district judge." Charles Geyh, an Indiana University law profes- sor who writes about judicial conduct and ethics, told The Washington Post: "Presidents have disagreed with court rulings all the time. What's unusual is he's essentially challenging the legiti- macy of the court's role. And he's doing that without any reference to applicable law. That they are blocking his order is all the evidence he needs that they are exceeding their authority." Challenging the legitimacy of the court's role with- out reference to applicable law — is this how the unravelling begins? What is the tipping point? When is it time for a lawyers movement to oppose government? Fortunately for Canadians, such a question seems — to say the least — highly theoretical when it comes to our country. But, in many places around the world, it is not theo- retical at all. Philip Slayton is working on a new book about freedom in Canada. How To Be Good: The Struggle Between Law and Ethics, a collection of these columns, will be available in October. Visit gpllm.law.utoronto.ca Questions? gpllm@utoronto.ca Apply today. ONE YEAR | PART-TIME | FOR LAWYERS AND BUSINESS LEADERS Master the Law. Canada's leading law school offers a graduate degree in four unique streams: Business Law Canadian Law in a Global Context Innovation, Law and Technology Law of Leadership ntitled-6 1 2017-07-12 1:19 PM

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