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The Supreme Court Of Canada Decision Essay

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Introduction You have asked me to summarize the Supreme Court of Canada decision in Doré v Barreau du Québec, 2012 SCC 12, SCR 395 and analyze whether the Law society is likely to sanction Evan Frank. Although the Rules of Professional Conduct place limitations on certain conduct to ensure professionalism, the expressive rights of lawyers must be given due respect and the likelihood of Mr. Frank’s sanction will depend on a fair balance of “expressive value” of the content in the letter, with the public’s expectation of professionalism. Case summary: Doré v Barreau du Québec During a criminal proceeding where the appellant, Mr. Doré was the defence council in the Superior court of Quebec, he was subject to personal attacks by Justice Boilard. Taking offence from the personal attacks, he wrote a letter to the judge, which included attacks on the judge’s professionalism, social skills, and shaming him as a judge. (Doré, at Para. 10) A complaint was filed against Mr. Doré, by the Syndic du Barreau for violation of article 2.03 of the Code of ethics of advocates, R.R.Q. 1981, c. B-1, r.1, and oath of office. The article stated that the “conduct of an advocate must bear the stamp of objectivity, moderation and dignity” (Para. 13) which the judicial council concluded that Mr. Doré violated. The Judicial council, rejecting Mr. Dore’s claim that the letter was private, concluded that Judge Boilard’s conduct did not justify the content in letter. (Doré, at para.16) The issue before

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