Canada holds firm on Froomkin: Bar Assoc. says lawyers must have freedom to practice
Canada is to push the controversial appointment of barrister Saul Froomkin as the country's Honorary Consul -- even in the face of opposition from the Bermuda Government.
Confirmation that Canada was sticking to its guns over the ex-Attorney General's appointment came yesterday from the Foreign Affairs Ministry in Ottawa.
The news coincides with a plea by the Bermuda Bar Association that Government respect the independence of the legal profession.
A spokesman for the Foreign Affairs Ministry said: "We feel Mr. Froomkin's qualifications as a distinguished former Canadian public servant and his position as (a former) Attorney General in Bermuda make him ideally suited.
And he insisted: "We are still seeking the appointment of Mr. Froomkin -- we just simply hope that this is resolved very soon.'' The spokesman appeared to dismiss Government claims that Mr. Froomkin was unacceptable because he had appeared for the United Bermuda Party in court actions involving the Progressive Labour Party.
The spokesman said: "The Bermuda Government's rejection was based on the fact that he has done extensive work for the Government of the day, which is now the Opposition.'' And he signalled that there could be light at the end of tunnel in the long-running row over the appointment.
The spokesman said: "Canadian officials continue to discuss this appointment with the Government of Bermuda and we are hopeful this appointment will be made before very long.'' Government Information Services were yesterday unable to obtain comment from Premier Jennifer Smith whose letter to the Canadian government, signalling Government's disapproval of Mr. Froomkin, sparked the international row.
The Bar Association, in a letter to the Premier, insisted that a lawyer's freedom to practise their profession without fear of repercussions was "part of the foundation of a democratic society in which the rule of law prevails''.
Bar Association vice-president Ian Kawaley wrote: "If a lawyer were intimidated by the fear of personal repercussions from acting for a client, he or she would be less willing to act.
"The client would then not be able to find a lawyer to represent him or her.
"Alternatively, the client would feel that his, or her, lawyer was conducting the case in a manner designed to protect the lawyer and not in a manner which promotes the interests of the client.'' The letter stressed that the Bar Association was not interfering in politics or concerned with the suitability -- or not -- of Mr. Froomkin for the job as his country's permanent representative on the Island.
But Mr. Kawaley wrote that the code of conduct for barristers "enshrined'' the principle that barristers should not "be affected by the fact that powerful interests may be involved in the matter in respect of which he is asked to act''.
Canada firm on Froomkin to provide independent and objective legal advice and representation when instructed, whether the client espouses an unpopular cause or not, and whether or not the client is an unpopular person.'' The pressure on Government to change its hard-line stance on Mr. Froomkin began to mount after The Royal Gazette exclusively revealed that the ruling PLP had moved to block his appointment.
Mr. Froomkin earlier this year represented the UBP in an unsuccessful bid to have political Attorney General Dame Lois Browne Evans disqualified on age grounds.
But Mr. Froomkin forced an apology from then Opposition leader Ms Smith for "serious and malicious slander'' after comments she made at a Press conference in relation to a sex assault charge against former-PLP MP Trevor Woolridge -- who was eventually cleared on appeal.
Diplomatic and consular appointments are a matter for the sovereign states involved -- Canada and Britain -- which retains foreign affairs powers in its colonies.
Consular jobs are not full diplomatic posts and it is believed no UK Overseas Territory has ever objected to such a posting -- which has now caused problems for the UK and Canada.