AV俱乐部

Policy impact is an integral part of the fabric of the Schulich School of Law. Our work is grounded in shaping public policy through interdisciplinary, collaborative research that has a positive, real-world impact beyond the law school. Today, we鈥檙e looking at Professor Richard Devlin鈥檚 work in legal ethics, and how it鈥檚 helping to shape the regulation of legal professionals in Canada.

Every聽individual and institution needs聽to聽be subject to聽mechanisms of accountability. Judges are no different.聽Professor Richard Devlin聽examined聽this聽issue聽as聽co-editor听补苍诲 co-author聽of聽the 2017聽book聽Regulating Judges: Beyond Independence and Accountability, which聽provides a framework that identifies multiple variables for the assessment of an effective and legitimate judiciary.聽

鈥淎n important聽way to聽conduct聽that assessment聽is to consider different ways in which jurisdictions establish,聽support,听补苍诲 regulate their judiciaries,鈥� says Devlin, whose聽policy work has聽mostly聽focused on聽the聽regulation of聽the legal profession and the judiciary.聽His聽research attempts to hold those who exercise power to standards of accountability, transparency, and equality.聽鈥淎 thriving and mature democracy requires openness and innovation,听补苍诲 academics hold the public trust to improve responsible听补苍诲 responsive聽governance.鈥澛�

In 2011, Devlin was the聽founding president of the Canadian Association of Legal Ethics/Association聽canadienne聽pour聽l鈥櫭﹖hique聽juridique聽(CALE/ACEJ),聽where聽he聽currently chairs the board.聽Recently聽CALE/ACEJ聽has been making submissions to the Canadian Judicial Council on聽revisions to the聽Ethical Principles for聽Judges.聽One vital topic is whether this document should be given the status of an enforceable code of conduct or remain just a set of aspirational guidelines.聽

As faculty, we聽have the privilege and benefit of academic freedom, and this imposes聽a responsibility聽on us to promote the public interest in the regulation of Canadian judges and lawyers.

Another particularly聽hot topic is the issue of聽judges returning to practice after retirement,聽which聽has been catapulted into the limelight聽by聽the SNC-Lavalin affair.聽The issue at play is that while聽at聽one level they are retired and聽they聽should be free to do as they wish,聽another is that they are using the credential of being a judge to maximize their own and their clients鈥� self-interest.

Devlin鈥檚 research聽extends deeply聽into聽the Canadian聽legal profession鈥檚 codes of conduct.聽As a member of聽the聽Nova Scotia Barristers鈥櫬燬ociety鈥檚聽Code of Ethics聽Committee,聽he聽contributed to the聽Federation of Law Societies of Canada鈥檚聽Model聽Code of Professional聽Conduct, as well as Nova Scotia鈥檚 Code.聽

贬颈蝉听飞辞谤办听飞颈迟丑 Professor Colin Jackson and Brent Cotter of the University of Saskatchewan鈥檚 College of Law on the duty聽of loyalty has influenced the Conflicts of Interest聽chapter of the NSBS鈥檚听补苍诲 the Federation of Law Societies of Canada鈥檚 Codes of Conduct.聽He聽has聽also聽collaborated with Professors Jocelyn聽Downie听补苍诲 Sheila Wildeman on聽successfully arguing for changes to be made to聽the Duty to Report section of聽the Codes of Conduct聽to eliminate stigmatizing references to mental disability.

鈥淎s faculty, we聽have the privilege and benefit of academic freedom, and this imposes聽a responsibility聽on us to promote the public interest in the regulation of Canadian judges and lawyers,鈥� says聽Devlin.聽鈥淵ou fight the battles that you think you can win. There鈥檚 no predictability in progress, but聽you have to聽continue to engage with a sense of optimism.鈥�