PUBLIC RECORD OFFICE
Reference :-
C.O.885
18 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Thirteenth Day.
8 May 1907.
RECIPROCITY A8 TO BARRISTERS.
66
Sir WILLIAM ROBSON: That only binds the English Bar, that resolution does not bind the Colonial Bar, and it does not deal with the difficulty raised by Sir Wilfrid Laurier.
Sir JOSEPH WARD: I will put in the words "English or Colonial."
Sir WILLIAM ROBSON: It is much better before one adopts a resolution which may conflict with so many professional interests that one should see it in some form in which it can be considered. As Mr. Deakin suggests, you cannot take paragraph 2 and make it a resolution at this Conference without reference to the reciprocal obligations. I agree that you take the spirit of this resolution and you make it applicable to all the Colonies one might then get some resolution which is capable of being accepted, but as it stands now it is unilateral.
been
Sir JOSEPH WARD: What I am trying to bring about, and I know a position which there is a strong opinion in our country with regard to it, would bring the Colonies and the Old Country closer together and in the matter of the professions it is as important as in any other respect. If the conditions required by the Inns of Court in England are fully complied with by a man who has passed through our Courts in our Colony and those responsible for the government of the Inns of Court on behalf of the profession in England are satisfied that he can pass an examination near to their
own and it is for them to say finally whether that to if that be has
such examination
that they can agree their imprimatur upon that professional man who comes to England, and we interchange by conferring the privilege upon Englishmen coming to our country, surely it is an advantageous thing for us to help one another. That is what I am asking for. I take the proposal made by the Inns of Court themselves; I give way upon my own as it is considered too wide and is capable of an interpretation that is opposed by those who represent the Inns of Court, and in the aspect of it I take their own words, and I ask that that should be given effect to as evidence of the goodwill of the profession in England to their brethren of the same flesh and blood in a British country, New Zealand, or Canada, or Australia, as the case may be, I think one may hope for this being generously considered even by those who are anxious to conserve, and rightly so, the great interest of the profession in England. I do not want to derogate from their status; I do not want anyone from our Colony who is inferior in any way to the best men who can pass the most severe examinations in England to come here, but if he passes with the approval of the representatives of the Inns of Court an examination to what is required here that would be a matter of reciprocity between the two countries.
Sir WILLIAM ROBSON: Do you not think you had better draft a resolution which shall incorporate the reciprocity? As matter of draughts- manship it is scarcely quite convenient to adopt this paragraph which relates only to what England is willing to do and not to incorporate in that what the Colony is to do.
Sir JOSEPH WARD: Let us add at the end of this: "should be favourably considered and provided that the same conditions as exist in "relation to admission to the Bar in the Colonies should apply to English "barristers or solicitors visiting those Colonies.”
Mr. F. R. MOOR: How does that apply to the Colonies? Sir Wilfrid Laurier has pointed out the difficulty in their country, and we have it in ours too; I do not think there is reciprocity amongst ourselves over there yet.
Dr. SMARTT: No.
67
Sir WILLIAM ROBSON: That is very important. That shows the necessity of considering the matter in all its bearings.
Dr. SMARTT: The difficulty with us is very strong owing to the fact that the Cape law is founded on Roman Dutch law.
Mr. DEAKIN: I do not suppose it would be possible for the Inns of Court to lay down provisions that would apply to every province and state in the Empire; they would require to deal with the examination or qualifications now required in each and make the necessary provision for supplementing each.
Sir WILLIAM ROBSON: Yes, we are here to consider whether these suggestions should be put into a form susceptible for being dealt with by the Conference as a resolution applicable to all Colonies.
Sir WILFRID LAURIER: There is great difficulty as to that, but the point which Sir Joseph Ward has in mind he has partly reached, because he has shown that the British Government here by legislation or otherwise could admit barristers from the Colonies provided they qualified in a certain standard, but to put it conversely, as you say, that is to say a barrister from one country being admitted in another country, for instance in Canada and in Australia, is a thing that is beyond our power.
Sir WILLIAM ROBSON: I may say that it would be scarcely right for the Conference to pass a resolution which should be binding upon the English profession compelling it or inviting it to give advantages to the Colonies which were not accompanied by reciprocal advantages on the part of the Colonies.
Dr. SMARTT: I take it the Colonies to which Sir Joseph made reference would give reciprocal advantages to the English barrister.
Sir JOSEPH WARD: I have just written this to try to meet it.
Sir WILLIAM ROBSON: I should like to see the resolution and to consider it. I should not like hastily to adopt, especially as representing the English Bar for the moment, any resolution that might by my professional brethren be considered prejudicial to their interests without consulting them.
Sir JOSEPH WARD: That is only fair. I will complete the resolution, and in the meantime I would suggest that as we have had a discussion upon it, it should be deferred until we meet again, because I think it is too important to drop. There may be a certain amount of doubt as to how the profession would accept this resolution of their own-
Sir WILLIAM ROBSON: You must not assume that this paragraph, which is stating what England is prepared to do, or what the four Inns of Court are prepared to do, would be treated by them as adequate if it were passed as a resolution by the Conference, operative against themselves only, and not accompanied by any reciprocal advantages.
Sir JOSEPH WARD: I have that at the end, and I shall read it; after the word "considered" add the words " and that similar terms and conditions
Thirteenth Day.
8 May 1907.
RECIPROCITY AS TO BARRISTERS.
Thirteenth Day. 8 May 1907.
RECIPROCITY AS TO BARRISTERS.
(Sir Joseph Ward.)