of self regulation? - The Law Society of Upper Canada

forces as much as with democracy and the rule of law. 139 During the Winnipeg General
Strike some members of the legal profession engaged in outrageous behaviour. 140 In
Quebec during the Duplessis regime many lawyers refused to provide legal services to
Mr. Roncarelli, a Jehovah’s Witness, to fight the padlock laws. 141 Many lawyers did little
to protest the invocation of the War Measures Act and, currently, there are allegations
that a significant number of marquee criminal defence lawyers made themselves scarce
when the Toronto 17 were arrested. And then again there is Ms Finney who only got pro
bono assistance when the case went to the Supreme Court of Canada. As to the argument
that there is threat to the independence of the judiciary it has been noted that a significant
number of judges come from government or universities, yet there is nothing to indicate
that they are less independent or impartial. 142
4. Undemocratic
In response to the claim that self regulation is essential for democracy, critics
point out that the causal connection is missing: there are many liberal democratic
societies where there is no self government by the legal profession, yet they seem to be
flourishing as well as Canada. 143 Conversely, there are jurisdictions that have a selfregulating
legal profession but are deeply authoritarian, for example, Singapore.
Moreover, critics insist that the demand for self regulation comes from the profession
itself, not the general public and as such is, in fact, an exercise in “regulatory
139 Girard, supra note 143 at 75-77; Arthurs, supra note 100 at 801; Wilkins, supra note 100 at 861; Pue,
supra note 100 at 762-763.
140 Girard, ibid.
141 LSUC Task Force in Public Interest, supra note 21 at 4-5.
142 Arthurs, supra note 100 at 801.
143 Arthurs, supra note 100 at 801.
40