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inces where the Torrens system prevails, the study of this subject will be taken in the third year; in the other provinces the equivalent will be "Land Titles" so far as not previously studied, and more particularly Mortgages.
It will be observed that no recommendation is made as regards "Common Law." In the view of the Sub-Committee, it is unnecessary to prescribe this as a separate subject. It is perhaps to be regretted that a place cannot be found in the program for the study of Roman Law nor for Public International Law except as a suggested subject in the overcrowded third year course. The best solution seems to be to include these important subjects in the fourth year of the Arts course in the universities, so as to afford students who graduate in Arts the opportunity of becoming acquainted with them before proceeding to more technical branches of legal study.
The place to be assigned to the subject of Jurisprudence in a program of law study gives rise to divergent opinions. The Sub-Committee recommends that it should be reserved until the third year. Dean Lee is of opinion that an elementary study of the principles of legal science might very well be inIcluded in the first year course. Dean MacRae thinks that the particular should precede the general, and that some knowledge of particular rules is necessary before much benefit can be derived from the study of the general principles of Jurisprudence. Perhaps this difference of opinion points to the second year as the best time for taking up this subject. The majority of the SubCommittee holds that Jurisprudence should be compulsory at some stage cs the course. Dean MacRae would for the present make it optional in the third year. He thinks the ideal place for it is in a fourth year of law.
REPORT OF THE COMMITTEE ON THE
(1) THE JUDICIARY
1. That the Judiciary of Canada like that of the British Empire is of high standing, and commands the respect of the general public are facts of which this Association is jealously proud, and which it desires to have perpetuated.
2. This Association is pleased to record the fact that the Federal Government has seen fit to admit the principle of the necessity which exists for increase of the remuneration of the Judges but regrets that the measure of relief provided by the legislation of the recent session is entirely inadequate.
3. The removal of exemption from income tax and the leaving open of the door for further deductions by provincial and municipal authorities from the salaries now afforded has nullified in a great measure the slight increase made and still further the pensions heretofore enjoyed have been affected in that those hereafter appointed receive no pensions while present members, if they accept the increase, receive no increase of retiring allowance and are subject to all forms of income tax and to the deprivation of remuneration for any other services performed.
4. It is recommended that this Association persist in its efforts to obtain further increases in the salaries of the Judiciary, and endeavour to have the exemption heretofore enjoyed from income tax restored and further to secure the removal of any bar on retiring pensions heretofore enjoyed by the Judiciary.
(5) The nationhood of Canada within the Empire developed during the war has opened up new fields of Judicial work and new avenues for the profession to specialize in, such as:
(a) Constitutional and International law and Interprovincial Jurisdiction.
(b) International law in relation to Railways and steamship Lines.
(c) Corporation Law.
(d) Transportation problems.
Rates and tolls as partially now brought under Railway
(f) Public Corporations and Commissions of Control and
(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.
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.
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.
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.