A Sign of Things to Come? Legal and Public Policy Issues Raised by the Supreme Court of Canada Decision in Green v. Law Society of Manitoba

Abstract

This article examines legal and policy issues arising out of the Supreme Court of Canada’s 2017 decision in Green v. Law Society of Manitoba. Despite some preliminary questions related to the merits of why leave to appeal was granted, the policy and legal issues addressed by the Court mark it as a significant case.

The Court’s examination of standard of review and the public interest authority of law societies are potentially important precedents for upcoming cases. More broadly, this litigation touches on several policy issues, including mandatory education for judges and rules governing how judges can return to practice. Generally, the Green decision also highlights a concern about the variable nature of access to justice in Canada.

Ultimately, this case may prove an important step in the Court’s approach to the regulation of the legal profession in several upcoming cases. Together, the legal and policy issues raised in Green make it an important marker in the development of the law and, perhaps, a sign of things to come.

Keywords: Law, Public Policy, Law Societies, Legal Regulation, Standard of Review, Professional Discipline, Independence of the Bar, Continuing Professional Development, CLE, Judicial Ethics

JEL Classification: K19, K20, K23, K29, K30, K30, K40, Z18