For further information, click on the ”Election 2010″ tab at http://www.cba.org/cba/

Chères amies, chers amis;

Bonjour!

I thank Simon, Sarah and Robert for their kind words. I am fortunate to have their support. Those of you who guessed that their comments were written by my mother are correct.

A more grounding experience was early on in my career at the Bar, in 1979, in my first appearance before the BC Court of Appeal, on what seemed a doomed procedural application. I was in a state of awe and terror. I opened with the unfortunate line:

“If it please the court, my Brun is name.”

The aptly named Mr. Justice Bull, presiding, was so taken aback that, in an uncharacteristic act of pity, he granted my motion, and my career was launched.

I stand here, again in awe, in a little terror, with a good deal more experience, and can say to you today that My Name Is Brun.

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-I chose Law School over Graduate School.

-I asked Pam to marry me.

Now, the fact that Pam had full-time employment, as a school  teacher, and that I was embarking on what would be a three-year program of impoverishment, had absolutely nothing to do with that very wise decision.

And,

-I joined the Canadian Bar Association.

My choice in first-year law, to join the CBA, has proven to be an inspired decision. It has enriched my professional life, and my personal life, too.

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For years I received the benefit of the opportunities the CBA opened up to me, but my time came to “give back” to the CBA, through service on Provincial Council, the Branch Executive, including the Branch Presidency in 2003 -2004, and a year on the National Board of Directors.

More recently I have worked for the CBA nationally, as a member of the Task Force on Conflicts of Interest, and in BC as the Branch appointee to the Justice Review Task Force.

I believe CBA involvement gives truth to the expression, “The more you give, the more you receive.” Your presence here today tells me that my experience is also yours.

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If elected, my priorities in my year as President will be Leadership, Membership and Advocacy.

LEADERSHIP

Through consultation with the 13 Branches, the Conferences, Sections, and Committees of our Association, I will work not merely to implement the goals stated in the CBA Mission Statement, but

-to reach our members in even the most rural of communities,

-to use what skills I have to generate and preserve consensus on how to meet those goals,

-to use what judgment I have developed to judge the challenges that lie ahead and

-to guide our consensus as to how to meet them.

Good teamwork in achieving these strategic objectives for CBA members across Canada will also benefit the Public that we have sworn to serve.

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MEMBERSHIP

By raising awareness of the substantial benefits of CBA membership, I am convinced we can increase membership enrolment. Member volunteers are the strength of our Association, of course, but so are the members who do not volunteer.

What the CBA does for its members, for lawyers and notaries generally, for judges, for the rule of law, for the betterment of the laws of Canada, for needed advocacy before courts and parliamentary commissions is valuable, yes, but it is also costly. We need, Canada needs, CBA members’ dues to pay for that work.

I am saying that we can sell membership on the basis of the benefits it brings to the member, but we must also sell it as a question of each lawyer’s duty to our profession.

The CBA speaks on behalf of the legal profession and, with increased membership our voice becomes that much stronger.

I will make member retention and enhancement a focus of my presidency. I will work with the various CBA membership committees to achieve this goal. United in our cause, our strength will grow.

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THE RULE OF LAW

There is one part of our Mission Statement which I want to stress here today. We are responsible for bringing a “Rule of Law” perspective to the public debate as to how we should govern and be governed. Our Mission Statement calls upon us to work to improve our system of government by promoting the Rule of Law and the development of laws that protect the public interest.

I want you to know that I will take this part of the CBA’s Mission very seriously. We need only think back to the dark days after September 11, 2001, to recall how the CBA spoke out and reminded all Canadians, and our Parliamentarians, whose vision was perhaps at times short-sighted, of the fundamental importance of respecting the Rule of Law.

The protections which we have developed for individual liberties and for the relationship between the individual and the State have taken centuries to build. As President, I would speak out proudly to defend them.

THE INDEPENDENCE OF THE BAR AND OF LAWYERS

We have all heard the uninformed criticism that professional self-regulation puts the interests of lawyers first, and the public interest second. Such criticisms are

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not simply to be brushed aside. As President I will take every opportunity to explain the values not only of public accountability but also of professional independence.

An independent judiciary cannot alone protect the Rule of Law. An independent judiciary is essential, but it is not enough.

Without independent lawyers appearing before them, fearless in their advocacy, the protections of which I speak will be in peril, however strong the judiciary. Adequate protection of human rights and fundamental freedoms requires that legal counsel and representation be provided by a fully independent legal profession.

The CBA and the Law Societies across Canada must stand together on the issue of lawyer independence and independence of the Law Societies. My experience as a Bencher will aid me in understanding and advancing the argument for self-regulation of the legal profession, and for advancing the consensus and cooperation which is needed between the CBA and the Federation of Law Societies. I understand their issues and our own.

MY FRENCH

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I recognize the need to improve my French. I am already working through the Rosetta Stone program and making progress (though I have yet to find the chapter on Rule of Law and Professional Self-Governance).

I think the President of the CBA ought to be able to converse in French and will continue to work on courses and immersion programs in over the next two and a half years. I promise to be prepared to represent all CBA members when the time comes.

In seeking this honour I have the full support of my wife, Pam, and my three children, who have attended many CBA conferences over the years and know the great value of our Association.

My eldest son, James, now serves as Lieutenant in the Canadian Navy.

Jennifer is an articled student at Guild Yule LLP; as a Bencher, I will be with her next month to see her called to the Bar.

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Kent is a student at Simon Fraser University and a member (though slightly injured these days) of the Canadian National Bobsleigh team.

In 1984, 26 years ago already, Lyle Harris and I started Harris & Brun, with one legal secretary between the two of us. A quarter century later we have grown to a firm of 6 lawyers and 15 support staff, and a student.

I know what it means to be a lawyer, a lawyer in public and private practice, and how to be part of the building of a successful firm.

I am proud of the successful and diverse nature of Harris & Brun. In this success, the CBA has been there with me along the way, an essential companion and ally.

WHY VOTE FOR ME?

During over thirty years of service to the CBA and to our great profession, I have come to understand the importance of the work lawyers do every day, not just to enhance the position of their clients but to help the very functioning of our civil society.

The unwarranted attacks that lawyers endure in protecting our legal systems and in dealing with the challenges to our profession are not, in my opinion, a discouragement. To the contrary, they are a call to arms.

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As your President, I will work together with you, to tackle these problems with all the talent and energy I can offer. I will do this in the traditional CBA spirit of respect and of the need for a strong and happy consensus.

I ask for your vote.

As your President, I will take the torch when it is handed to me.

I will carry it with pride and dedication but also with great care.

I will pass it on to the next leader, burning brighter still.

Merci beaucoup. Go Canada Go

Ici sont quelques mots de mon collegue Simon Potter en Français.

Poste de deuxième vice-président

Robert Brun, c.r.

L’ABC a besoin d’un président voué à la cause de l’Association, passionné et novateur, qui saura mener et épauler l’Exécutif à l’aube de cette nouvelle décennie.

Services rendus à la profession

Membre du Barreau de la Colombie-Britannique depuis 1978, ayant accumulé une vaste expérience juridique dans le comté de Vancouver, et plaidé des causes devant la Cour suprême de la Colombie-Britannique, la Cour d’appel et la Cour suprême du Canada, je suis bien conscient de la complexité des questions auxquelles doivent quotidiennement faire face les avocats. Mes 30 années d’expérience à divers titres avec l’ABC, ainsi que mon expérience à titre de membre du Conseil d’administration du Barreau de la Colombie-Britannique me seront très utiles et m’aideront à diriger l’Exécutif national de l’ABC et à prendre toute la mesure des questions prioritaires auxquelles fait face notre profession. Je suis associé chez Harris & Brun depuis 1985 (voir www.harrisbrun.com).

• Association du Barreau canadien :
• membre du Groupe de travail sur les conflits d’intérêts de l’ABC nationale (2007 jusqu’à aujourd’hui);
• représentant de l’ABC auprès du Justice Review Task Force (Groupe de travail pour l’examen du système de justice) (2006 jusqu’à aujourd’hui);
• président sortant de l’ABC-C.-B. (2004-2005);
• représentant de l’ABC auprès du Conseil canadien de la magistrature (2004);
• président de l’ABC-C.-B. (2003-2004);
• membre du Bureau d’administration de l’ABC nationale (2003-2004);
• vice-président de l’ABC-C.-B. (2002-2003);
• président du Planning and Priority Committee (Comité de planification et d’établissement des priorités) de l’ABC-C.-B. (2002-2003);
• secrétaire-trésorier de l’ABC-C.-B. (2001-2002);
• président du Government Relations Committee (Comité des relations gouvernementales) (2001-2002);
• membre indépendant du Comité exécutif de l’ABC-C.-B. (2000-2001);
• chargé de la liaison avec l’Equality Committee (Comité sur l’égalité) de l’ABC-C.-B. (2000); et
• membre du Conseil provincial de l’ABC-C.-B. (1997-2003).

• Barreau de la Colombie-Britannique :
• membre du Conseil d’administration (2005, et 2008 jusqu’à aujourd’hui);
• vice-président du Practice Standards Committee (Comité des normes de pratique) (2008 jusqu’à aujourd’hui);
• membre du Unauthorized Practice of Law Committee (Comité sur l’exercice illégal du droit) (2008 jusqu’à aujourd’hui);
• membre actuel du Complainant Review Committee (Comité d’examen des dossiers de demandeurs) (2010);
• membre du Equity and Diversity Advisory Committee (Comité consultatif sur l’équité et la diversité) (2005-2008) et président actuel de ce comité (2010); et
• membre du Disability Research Working Group (Groupe de travail sur la recherche en matière d’invalidité) (2005-2008).

• Autres activités au sein de la profession :
• membre de la Trial Lawyers Association of British Columbia (TLABC – Association des avocats plaidants de la Colombie-Britannique) (1991 jusqu’à aujourd’hui);
• professeur de formation professionnelle juridique (1990 jusqu’à aujourd’hui);
• auteur et conférencier en matière de développement professionnel continu, ayant rédigé et présenté plus de 30 livres et conférences (1982 jusqu’à aujourd’hui) : veuillez consulter le site http://www.cle.bc.ca/contributors/profiles.asp?Uname=BRURO2;
• conférencier invité, cours de formation d’experts en sinistres de l’Insurance Corporation of British Columbia (1986-2001);
• membre du Public Affairs Committee (Comité des affaires publiques) de l’Association des avocats plaidants de la Colombie-Britannique) (1996-1998);
• professeur en droit des assurances, collège Capilano (1993-1997); et
• avocat auprès du service juridique de la Commission des accidents du travail de la Colombie-Britannique (1979-1984).

Objectifs

Mon intention est de porter mon attention sur les objectifs suivants, en tirant parti de la vision et de la direction de nos prédécesseurs :

• Direction : dans l’intérêt de tous les membres de l’ABC dans l’ensemble du pays (et même dans les communautés les plus éloignées), je m’efforcerai de concrétiser les objectifs établis dans l’énoncé de mission de notre Association, en consultation avec chacune de nos 13 divisions.
• Recrutement : je travaillerai à maintenir puis à augmenter le nombre des membres de l’ABC, en faisant mieux connaître les avantages considérables de l’adhésion à l’ABC, autant pour chaque avocat que pour l’ensemble de la profession.
• Défense et promotion de causes :
  • Primauté du droit : je travaillerai à l’amélioration de notre système juridique (en préconisant la primauté du droit) et à l’élaboration de lois qui protègent le public (en présentant les enjeux essentiels qui servent autant les intérêts de notre profession que ceux du public). Je veillerai également à ce que les points de vue de l’ABC soient bien connus dans les corridors du Parlement.
  • Indépendance de la profession juridique : afin de susciter la confiance de nos clients, je saisirai toutes les occasions qui se présentent pour faire comprendre toute l’importance de la responsabilité de la profession devant le public ainsi que de l’indépendance de la profession.

En tant que membres de l’ABC, nous nous devons d’être avant-gardistes et de nous tenir prêts à anticiper les besoins en constante évolution de tous ceux que nous servons aujourd’hui et de tous ceux que nous servirons demain, afin de pouvoir y répondre. Ce que nous réussirons à accomplir, à l’intérieur de notre Association, aura pour effet de changer la réalité de la profession juridique dans tout son ensemble.

Enfin, lorsque vous voterez, je vous prie de prendre en compte les facteurs suivants : mon expérience de vie; mes 30 années d’engagement auprès de notre Association; et le programme que je propose, qui privilégie direction, recrutement de membres, ainsi que défense et promotion de causes. Je vous invite à m’accorder votre soutien. Merci.

B.C PROVINCIAL COUNCIL SPEECH; DECEMBER 2009

INTRODUCTION

I am privileged to stand here today as a candidate for the position of Second Vice-President – with my friend, Ken Walton – to discuss my views on the future of the CBA.

The practice of law is a “people business”.  Lawyers do not work merely on “cases” or researching interesting legal issues.  Lawyers make a living by helping people who have come for aid and advice regarding personal, criminal, social, or business-related problems.  Necessarily, a client has concluded that he or she cannot solve the problem on his or her own.  The client knows it will be necessary to divulge very personal or private facts to a lawyer, thereby creating personal and confidential relations.  The client most often will not perceive the problem as merely “ordinary”, but as a personal or business crisis.  Lawyers must enjoy working with people and must derive specific satisfaction from helping people work through complicated, threatening, and significant events in their lives.  They must embrace difficult work, be decisive, enjoy meeting challenges, and have the ability to think quickly and to speak with ease and authority.  Lawyers must be leaders.

I believe the CBA facilitates lawyers’ ability to achieve leadership status, thereby enhancing the legal professions’ reputation in society.

We provide insight into cutting edge issues through our Continuing Legal Education programs.  Our Sections and Conferences act as an entry point for members to become active in the legal community. They provide a valuable skills-improvement forum and an opportunity to exchange ideas with colleagues and Bar leaders from across Canada and around the world.

The CBA helps prepare us for the future of the practice of law by tracking trends in the profession, assisting lawyers to deal with economic and social trends that have an impact on the practice of law, and aiding firms in retaining valuable talent at the associate level.

THE MISSION STATEMENT OF THE CBA:

-to improve the law;

-to improve the administration of justice;

-to improve and promote access to justice;

-to promote equality in the legal profession and in the justice system;

-to improve and promote the knowledge, skills, ethical standards and well being of members of the legal profession;

-to represent the legal profession nationally and internationally; and

-to promote the interests of the members of the Canadian Bar Association.

My platform would be to commit to breathe fresh life into the carefully constructed Mission Statement of this Association.  To meet these and other CBA objectives, I believe in personal commitment to leadership, membership, and advocacy.

LEADERSHIP

The CBA requires a committed, passionate, enthusiastic, forward-thinking President to lead and support the Executive into this new decade.  I believe the knowledge I have acquired from over 30 years of CBA experience, including my time on the Branch Executive Committee, combined with my years of experience as a Bencher of the Law Society of British Columbia, puts me in good stead to lead the National executive in evaluating the paramount issues facing our profession.

Through consultation with all 13 Branches of our Association, I would work to continue to implement the stated goals in the CBA Mission Statement, reaching our members in even the most rural of communities.  As a team, I believe we can achieve strategic objectives benefiting all CBA members across Canada.  In so doing we also serve to benefit the Public that we have sworn to serve.

MEMBERSHIP

Through personal experience, I have learned that active involvement in the CBA and its various Committees is one of the most rewarding experiences you can have as a lawyer in Canada.

The CBA is at the forefront of professional advocacy initiatives and other important work around the world.  CBA members are exposed to invaluable leadership skills, media relations skills, national and international networking opportunities, and enhanced visibility and influence in the profession.  Lawyers involved with the CBA are kept apprised of current developments in the law through section meetings, CLEs, and conferences, resulting in increased value to their firms and, ultimately, to their clients.

Through strategic lobbying efforts, we make lawyers’ voices heard on the issues that affect our personal and professional lives—issues such as the independence of the legal system, legal aid funding, multidisciplinary practices, paralegals, and the threats and opportunities inherent in a global marketplace.

By raising awareness of the substantial benefits to CBA membership, I believe we can increase membership enrolment in the CBA.  CBA member volunteers are the strength of our Association.  We speak on behalf of the legal profession, and with increased membership our voice becomes that much stronger.  I would make member retention and enhancement a focus of my presidency.

ADVOCACY

As lawyers, we are in a unique position to see the practical impact of the law and to bring this important perspective to the public discourse.  Through our advocacy work, we contribute an important outlook on law reform both at the national level and internationally.  That outlook comes from those of us battling in the trenches of the law, who know how our legal system functions on a daily basis.

Because of our advantageous position in society, we are responsible for bringing a “Rule of Law” perspective to the public debate of advocacy.  Whether on behalf of the legal profession as a whole, or focusing on a specialized area of law, our mandate includes exposing principal issues in the professional interest and the public interest.  Indeed our Mission Statement calls upon us to work to improve the law by promoting the Rule of Law and to assist in the development of laws that protect the public interest.

Building upon our predecessors’ vision and leadership, we will remain actively involved in the development of government policy and law reform, lobbying on matters identified by members or responding to government initiatives and intervening at the Supreme Court of Canada on matters of compelling public interest or of special significance to the profession. We will make our views known in the corridors of Parliament through written submissions, appearances before Parliamentary Committees, informal meetings between the President and the Minister of Justice, or regular consultations between National Sections and the Department of Justice or other government officials.

 We have all heard criticisms about professional self-regulation – that it means the interests of lawyers coming first, and public interests coming last.  These concerns are not ones to be ignored or brushed aside.  We must take every opportunity to explain the values of public accountability and professional independence to instill confidence in our clients regarding the legal profession.

As lawyers, we must be free of government control to represent clients fully.  Our clients may be pitted against the state on a criminal charge, fighting an expropriation, or taking a legal position opposing a branch of government.  Clearly, the legal profession cannot be governed by any sort of governmental disciplinary authority.  Adequate protection of the human rights and fundamental freedoms to which all persons are entitled – be they economic, social, cultural, civil, or political – requires that all persons have effective access to legal services provided by an independent legal profession.  An independent judiciary cannot protect the Rule of Law without having independent lawyers appearing in front of them, able to fearlessly advocate on the behalf of their clients.

In every practical way Canadians take for granted that their lawyers will be independent from government – that client confidences will be respected and that lawyers will be in their corner.  Canada is fortunate.  The independence of lawyers and judges is not a given in many other countries. The CBA and the Law Societies across Canada must stand together on the issue of lawyer independence.

CONCLUSION

In the decision of Packer v. Packer, [1953] 2 AER 127, Lord Denning stated:

What is the argument on the other side? Only this, that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand whilst the rest of the world goes on; and that will be bad for both.

As members of the CBA, we must continue to be forward-thinking and poised so as to anticipate and respond to the ever-changing demands of our current and future constituencies.  What we achieve inwardly, within our Association, will change outer reality for the entire legal profession.

So, how do you choose between two British Columbia lawyers, each with extensive CBA experience and each committed to loyally serving you over the next four years?  I ask you to consider these factors when you mark your ballot:

• My life experience;
• My 30-year commitment to our Association; and
• My platform, with its focus on Leadership, Membership, and Advocacy.

I ask for your support.  Thank you.

Second Vice-Presidency

Robert Brun, Q.C.

The CBA requires a committed, passionate, progressive President to lead and support the Executive into this new decade.

Service within the profession

Having accumulated extensive legal experience at the Bar in the County of Vancouver since 1978 – arguing cases in the BC Supreme Court, Court of Appeal, and Supreme Court of Canada – I am mindful of the intricate professional, business and social issues that lawyers must face on a daily basis.  Over 30 years of CBA experience, nationally and provincially, combined with my experience as a Bencher of the Law Society of British Columbia, puts me in good stead to lead the National Executive in evaluating the paramount issues facing our profession.  I have been a partner at Harris & Brun since 1985. (see www.harrisbrun.com )

• Canadian Bar Association:
  • CBA National Task Force on Conflicts; member (2007-present);
  • Justice Review Task Force; CBA appointee (2006-present);
  • CBABC Immediate Past President (2004-2005);
  • Judicial Council; CBA appointee (2004);
  • CBABC President (2003-2004);
  • CBA National Board of Directors; member (2003-2004);
  • CBABC Vice President (2002-2003);
  • CBABC Planning and Priority Committee; Chair (2002-2003);
  • CBABC Secretary Treasurer (2001-2002);
  • CBABC Government Relations Committee; Chair (2001-2002)
  • CBABC Executive Member at Large (2000-2001);
  • CBABC Equality Committee; Executive Liaison (2000); and
  • CBABC Provincial Council, member (1997-2003).
• Law Society of British Columbia:
  • Bencher (2005, 2008-present);
  • Practice Standards Committee; Vice-Chair (2008-present);
  • Unauthorized Practice of Law Committee; member (2008-2009);
  • Complainant Review Committee; member (2009);
  • Equity and Diversity Advisory Committee; member (2005-2008); Chair (2010); and
  • Disability Research Working Group; member (2005-2008).
• Other:
  • Trial Lawyers Association of British Columbia (TLABC), member (1991-present);
  • Professional Legal Training Course; guest lecturer (1990-present);
  • Continuing Legal Education (CLE); author/presenter of over 30 papers/books (1982-present). Click here for full list of publications;
  • Adjuster Training Program, Insurance Corporation of British Columbia; guest lecturer (1986-2001);
  • TLABC Public Affairs Committee  (1996-1998);
  • Insurance Law, Capilano College; course instructor (1993-1997); and
  • Workers Compensation Board of British Columbia, Legal Services Department, (1979-1984).

Objectives

Building upon our predecessors’ vision and leadership, I intend to focus on attaining the following objectives:

• Leadership: I will strive to implement the stated goals of the CBA Mission Statement benefiting all members across Canada – even in the most rural of communities – by consulting with all 13 Branches of our Association;
• Membership: I will work towards retaining and increasing membership enrollment in the CBA by raising awareness of the substantial benefits of CBA membership to individuals and the profession; and
• Advocacy:
  • Rule of Law: I will work nationally and with the Branches to improve our legal system by promoting the Rule of Law and assisting in the development of laws that protect the public interest by exposing principal issues in both the professional and public interest – I will ensure the views of the CBA are known in the corridors of Parliament; and
  • Independent legal profession: I will take every opportunity to explain the values of public accountability and professional independence to instill confidence in our clients. The importance of  maintaining an independent, self-governing profession cannot be overstated.

As members of the CBA, we must be forward-thinking and poised so as to anticipate and respond to the ever-changing demands of our current and future constituencies.  What we achieve inwardly, within our Association, will change outer reality for the entire legal profession.

Life Experience

In seeking this position I have the support of Pam, my spouse of 35 years, and my three children, who have been  frequent attendees at CBA functions over the years. My eldest son, James, now serves as an officer in the RCN, Jennifer is an articled student at Guild Yule LLP in Vancouver, and Kent is a  student at SFU and a current member of the Canadian National Bobsleigh team.

In the end, when you mark your ballot, I ask you to consider these factors: my life experience; my 30-year commitment to our Association; and my platform with its focus on leadership, membership, and advocacy.  I ask for your support.  Thank you.