(2) APPEALS AND APPELLATE COURTS

1. The present right of appeal to the Privy Council should be maintained without the suggested limitations to constitutional questions.

2. A suggestion made following Lord Finlay's visit that the Privy Council might sit at the several capitals of the Dominions might well be followed up.

3. The Supreme Court of Canada should have its numbers increased with a view to the strengthening of that Court on the equity side of our jurisprudence and the Court should be composed of an unequal number so as to avoid the occurrence of dismissals by virtue of equal division.

4. The rendering of one judgement as the judgment of the Court instead of individual judgments should be adopted. This and a shortening of all judgments would go far to reduce the increasing volume of Judicial Reports.

5. The attention of the Honourable the Minister of Justice is respectfully drawn to the Judges' Act and its numerous amending statutes. These should be revised and consolidated without delay. By special request this Committee has considered the language of Section 12, s.s. 2 of the Judges' Act 1920, and respectfully submits that its constitutionality is doubtful and in any event the Judiciary should be freed from service on commissions of a political or quasi-political nature.

6. It is submitted that the Judges' Act of 1920 did not receive proper consideration in the House and that it should be reconsidered and full justice should be done by removing the objectionable features referred to.

7. It is again urged that the system of Court Reporting is burdensome, that a new system should be devised and that the Special Committee recommended in the report of 1919 should be maintained and assisted in every way by the Association.

(3) MARRIAGE AND DIVORCE

The Committee regrets to report that the legislation referred to in paragraph three of the 1919 report on the subject of divorce did not receive the consideration due to it and it is recommended that this Association urge that uniform laws on the subject of marriage and of divorce be enacted by the Federal Parliament and that such laws be adopted by the Provincial Parliaments and their administration be left to the Provincial Courts. It is also recommended that in such legislation there should be no distinction between the rights of male and female and that in all respects with reference thereto each sex should be treated on a basis of strict equality.

(4) LEGISLATION

It has been brought to the notice of the Committee that Provincial Parliaments are legislating in criminal and quasicriminal matters and usurping the functions of the Federal Government and this Committee urges that the Association consider this subject and take such action as may be considered effective.

(5) PRESIDENT

This Committee deems it opportune and fitting that the signal service, devotion and sacrifices of our distinguished President should be recognized on the occasion of this Annual Meeting at the Capital by some lasting testimonial such as Sir James' portrait, by a Canadian artist to be hung in the National Gallery, as the founder of the Association.

(6) MISCELLANEOUS

Various matters have been urged upon this Committee for consideration without sufficient data. It is deemed advisable that the recommendations of the Committee should be limited in number and the few followed up energetically with the object of attaining advancement in furthering the objects of the Association.

SECTION (1) The Judiciary.-Paragraphs 1, 2, 3 and 4 were referred to a Special Committee to be named by the President.

SECTION (2) Appeals and Appellate Courts.-Paragraphs 1, 2, 3 and 4 were referred to the Committee on Administration of Justice for further consideration and report at the Annual Meeting of 1921.

Paragraphs 5 and 6 were referred to the Special Committee to be named by the President on the subject of Judges' compensation.

Paragraph 7 was referred to the special Committee on Reporting.

SECTION (5) President. This section was adopted and referred for action to a Special Committee of the Vice-Presidents, with Mr. Lafleur as Convener.

The remaining Sections of the Report went over for further consideration by the Committee on Administration of Justice.

CANONS OF LEGAL ETHICS

Approved by the Canadian Bar Association, at the Fifth Annual Meeting, Ottawa, September 2nd, 1920, as a correct, though not exhaustive, statement of some of the ethical principles which should be observed by the members of the legal profession.

It is not possible to frame a set of rules which will particularize all the duties of the lawyer in all the varied relations of his professional life and no attempt has been made to do so.

The following Canons of Ethics should therefore be construed as a general guide and not as a denial of the existence of other duties equally imperative though not specifically mentioned.

The lawyer is more than a mere citizen. He is a minister of justice, an officer of the Courts, his client's advocate, and a member of an ancient, honorable and learned profession.

In these several capacities it is his duty to promote the interests of the State, serve the cause of justice, maintain the authority and dignity of the Courts, be faithful to his clients, candid and courteous in his intercourse with his fellows and true to himself.

1. TO THE STATE

(1) He owes a duty to the State, to maintain its integrity and its law and not to aid, counsel, or assist any man to act in any way contrary to those laws.

(2) When engaged as a public prosecutor his primary duty is not to convict but to see that justice is done; to that end he should withhold no facts tending to prove either the guilt or innocence of the accused.

(3) He should take upon himself without hesitation and if need be without fee or reward, the cause of any man assigned to him by the Court and exert his best efforts on behalf of the person for whom he has been so assigned counsel.

(4) It is a crime against the State and therefore highly nonprofessional in a lawyer, to stir up strife or litigation by seeking out defects in titles, claims for personal injury or other causes of action for the purpose of securing or endeavoring to to secure a retainer to prosecute a claim therefor; or to pay or reward directly or indirectly any person, for the purpose of procuring him to be retained in his professional capacity.

2. TO THE COURT

(1) His conduct should at all times be characterized by candor and fairness. He should maintain towards the Judges of the Courts a courteous and respectful attitude and insist on similar conduct on the part of his client, at the same time maintaining a self-respecting independence in the discharge of his professional duties to his client.

(2) Judges, not being free to defend themselves, are entitled to receive the support of the Bar against unjust criticism and complaint. Whenever there is proper ground for serious complaint of a judicial officer, it is a right and duty of the lawyer to submit the grievance to the proper authorities.

(3) He should not offer evidence which he knows the Court should not admit. He should not, either in argument to the Court or in address to the jury, assert his personal belief in his client's innocence, or in the justice of his cause, or as to any of the facts involved in the matter under investigation.

(4) He should never seek to privately influence, directly or indirectly, the judges of the Court in his favor, or in that of his client, nor should he attempt to curry favor with juries by fawning, flattery or pretended solicitude for their personal comfort.

3. TO THE CLIENT

He

(1) He should obtain full knowledge of his client's cause before advising thereon and give a candid opinion of the merits and probable results of pending or contemplated litigation. should beware of bold and confident assurances to clients especially where the employment may depend on such assurances. He should bear in mind that seldom are all the law and facts on the side of his client and that "audi alteram partem" is a safe rule to follow.

(2) He should at the time of retainer disclose to the client all the circumstances of his relations to the parties and his interest in or connection with the controversy, if any, which might influence the client in selection of counsel. He should avoid representing conflicting interests.

(3) Whenever the controversy will admit of fair adjustment the client should be advised to avoid or to end the litigation.

(4) He should treat adverse witness, litigants, and counsel with fairness, refraining from all offensive personalities. He must avoid imparting to professional duties the client's personal feelings and prejudices. At the same time he should discharge his duty to his client with firmness and without fear of judicial disfavor or public unpopularity.

(5) He should endeavour by all fair and honorable means to obtain for his client the benefit of any and every remedy and defence which is authorized by law. He must, however, steadfastly bear in mind that the great trust of the lawyer is to be

performed within and not without the bounds of the law. The office of the lawyer does not permit, much less does it demand of him, for any client, violation of law or any manner of fraud or chicanery.

(6) It is his right to undertake the defence of a person accused of crime, regardless of his own personal opinion as to the guilt of the accused. Having undertaken such defence, he is bound by all fair and honorable means to present every defence that the law of the land permits to the end that no person may be deprived of life or liberty but by due process of law.

(7) He should not, except as by law expressly sanctioned, acquire by purchase or otherwise any interest in the subject matter of the litigation being conducted by him. He should act for his client only and having once acted for him he should not act against him in the same matter or in any other matter related thereto, and he should scrupulously guard and not divulge his client's secrets or confidences.

(8) He should report promptly to his client the receipt of any monies or other trust property and avoid the co-mingling with his own, or use of trust money or property.

(9) He is entitled to reasonable compensation for his services but he should avoid charges which either over-estimate or under-value the service rendered. When possible he should adhere to established tariffs. The client's ability to pay cannot justify a charge in excess of the value of the service, though his poverty may require a less charge or even none at all.

(10) He should avoid controversies with clients regarding compensation so far as is compatible with self-respect and with the right to receive reasonable recompense for services. He should always bear in mind that the profession is a branch of the administration of justice and not a mere money getting trade.

(11) He should not appear as witness for his own client except as to merely formal matters, such as the attestation or custody of an instrument, or the like, or when it is essential to the ends of justice. If he is a necessary witness with respect to other matters, the conducting of the case should be entrusted to other counsel.

4. TO HIS FELLOW LAWYER

(1) His conduct towards his fellow lawyer should be characterized by courtesy and good faith. Whatever may be the ill feeling existing between clients it should not be allowed to influence counsel in their conduct and demeanour towards each other or towards suitors in the case. All personalities between. counsel which cause delay and promote unseemly wrangling.

(2) He should endeavour as far as possible to suit the convenience of the opposing counsel when the interests of his client or the cause of justice will not be injured by so doing.

(3) He should give no undertaking he cannot fulfil and he should fulfil every undertaking he gives. He should never in