Pro bono lawyer from UK cannot speak in Alberta courts

A “tar sands group” has come forward with the money needed to pay court fees after the provincial and federal governments “added insult to injury,” said Ron Lameman, advisor for the Beaver Lake Cree Nation, and insisted that the First Nation ante up $5,000 to pay for a failed attempt to be represented in court in October by a law firm from the United Kingdom.

The services of Michael Mansfield, a barrister with Tooks Chambers, of the UK, offered free of charge, came to the legal forefront when the Alberta Law Society claimed that Mansfield had no standing in the Alberta court system and therefore could not represent the Beaver Lake Cree Nation in the First Nation’s fight against permits and licenses that have been issued allowing industrial development on traditional band land.

On June 27, Justice K.D. Yamauchi ruled that the role of Tooks Chambers would be limited. In a 15-page statement, Yamauchi concluded, “Having considered all the arguments presented, the Court can come to no other conclusion but that under the current circumstances the proposed participation of Tooks barrister, beyond the supporting role conceded by the Law Society and (provincial government and Attorney General of Canada), are prohibited by (the Legal Profession Act)… Further, this Court declines to exercise its inherent jurisdiction to grant an order for expanded participation beyond that to which the parties agreed.”

Under sections 102 and 106 of the LPA, only active members of the Law Society of Alberta can practice as barrister or solicitor and “have a right of audience” in the Court of Queen’s Bench and all other courts of record in Alberta. Both the law society and the two levels of government claimed that questioning witnesses constituted “practicing law.”

The plight of Beaver Lake Cree Nation came to the attention of Mansfield, a well-known solicitor who stands up for the underdog, said Lameman, when Chief Al Lameman and other representatives of the First Nation were in the UK last year lobbying for changes in environmental development. Mansfield was at one of the events.

“When a renown prestigious law firm like that approached us, we jumped at the chance,” said Ron Lameman. “We’re having a hard time paying our law firm (Woodward and Company) right now because our funders who usually help out in this area are really tightening their belts.”

In asking the court to allow for the free representation from Tooks Chambers, Chief Lameman noted that the band was cash-strapped unlike both the federal and provincial governments.

Mansfield had offered his services pro bono for pre-trial motions for a lawsuit dealing with the 17,000 plus permits and licenses that have been issued by the provincial government for industrial development on traditional Beaver Lake land.

 “Both governments should be ashamed to take this aggressive stance, given their deep pockets and vested interests in the industrial developments that threaten to destroy our land and livelihood,” said Chief Henry Gladue.
Ron Lameman said the band is considering appealing the decision made by the Court of Queen’s Bench.