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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 N O V E M B E R / D E C E M B E R 2 0 1 7 31 punishment should they lose. Doelle points to law foundations, and the legal profession in general, as potential sources for more funding. But more than that, both note the need to stand back and adopt a wider perspec- tive — or pay another kind of price in the future. "You need to take a big-picture perspective," Doelle says, beyond that of particular companies or governments wor- ried about being sued if they lend support to environmental non-profits. "You have to recognize that it's a critical function in our society, if we are going to take environ- mental issues seriously. Unchecked discre- tion and power doesn't serve any of us," he says. "We need to be supportive of levelling the playing field and ensuring that people are held to account for complying with the environmental laws that we have." And should the sector shrink — or sim- ply cease to exist — the gap is likely to be a yawning one. "Not that we have perfection now, but [such a failure] would really leave [those with major environmental issues] unrepresented," Estrin notes. "Companies and governments [that] propose things often don't think necessarily about the impact their initiative or proposal may have on a community. But it's very difficult for people to think about using the legal system, let alone to consult a lawyer in a normal practice, unless the lawyer is pre- pared to act on a pro bono basis. It's essen- tial for access to justice on environmental issues that these programs exist and, in fact, be enhanced." CELA's McClenaghan, looking back on 25 years of effort, with many victories and many disappointments, puts it more blunt- ly. "It's all hanging by a thread. We can see, in international events generally, that the whole system of democracy is much more fragile than people realize. It means that we have to fight hard to achieve citizen partici- pation rights and to maintain them and use them well and improve them. It does not take much to disrupt those rights." For now, at least, funding for most of these groups seems stable, if not adequate. And while, for staff, there can be many frus- trating days, Kaitlyn Mitchell, like the other litigators in this article, seems more buoyed by her work than burdened. What is most crucial, they suggest, is that non-profits like theirs stay the course. "Sometimes, it seems that, because there's so much going on, so many problems facing the environment, that we are at risk of the general public reaching a point where they feel powerless or overwhelmed and less motivated to act," Mitchell says. "So, we need to always articulate our work, explain what the prob- lem is, but also in a way that makes people feel hopeful and that there is something to be done." That's not to say that optimism should be overstated, she says. Referring to cli- ents who are sleepless over toxic chem- icals in their communities or who are struggling with breathing problems relat- ed to nearby smokestacks, Mitchell advo- cates a balancing act familiar to many professionals. "It's hard to know that you are not going to fix the problem for every- body, unfortunately, and you need to stay motivated. I think that's probably the emotional burden. It's probably the hard- est part of the job: to take it, understand it and let it motivate you instead of letting it destroy you." 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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