356:, they stated that prostitution was not simply a matter of criminal law, but a complex social problem. They considered changes to the law from three perspectives: increased criminal sanctions; decriminalisation; and government regulation. The committee did not favour any of those options as the sole approach to the issue. Instead, it recommended strengthening criminal restrictions on street prostitution, because of the danger and nuisance aspects, while easing the criminal restrictions on other aspects of prostitution, such as the bawdy house offence. Greater social supports should also be provided, to address the economic factors which might alleviate the situation.
524:, called on the CBA to pass a resolution in favour of national unity and a strong federal government, and rejecting separatism. Fraser introduced the resolution, seconded by Robert Lesage, the president of the Quebec branch. The resolution generated considerable debate, as some members did not think the CBA should take a stand on political issues, while some members from Quebec thought the resolution attempted to impose a particular position on the sovereignty issue as a condition of membership in the CBA. Eventually, the resolution was amended on a motion by
467:. He opposed the Government's request for broader legislative powers to share personal information within government, arguing that those powers already existed under the current law and did not need to be expanded. He also stated that: "The government had not yet established what we call a 'culture of privacy.' That's not just a buzz word. It's a real expression of concern." Fraser also reminded the committee that he had pushed for freedom of information legislation back in 1976, as president of the British Columbia Branch of the Canadian Bar Association.
419:
personally was in a potential conflict. After considering the matter over the weekend, Fraser announced that he would not review the complaint and instead would delegate it to the
Conflict of Interest Commissioner for the Northwest Territories, Gerald Gerrand, QC. Fraser had no further involvement in the file, other than ensuring that Gerrand had the necessary resources to investigate the complaint. Gerrand later issued a report which cleared Clark.
325:, and made proposals for improved dispute resolution mechanisms for environmental treaty issues with the United States. The federal government also appointed him an Industrial Inquiry Commissioner in the wake of the 1995 railway strike, which was settled by back-to-work legislation. Fraser has also acted as a senior adjudicator in the dispute-resolution process set up to resolve claims arising from the
528:, a past-president of the Quebec branch, and seconded by Bryan Williams, the incoming president of the British Columbia branch. The amendment removed the language expressly supporting a strong federal system and rejecting separatism. The result of the amendment was that the CBA established a committee to study the constitutional issues and make recommendations on constitutional reform.
588:, criticising the Prime Minister's conduct. They stated: "... these circumstances leave us concerned that the Prime Minister’s statements may intimidate or harm the ability of the Supreme Court of Canada to render justice objectively and fairly – even when the government of Canada chooses to be a litigant before it."
1110:
442:
This time, Fraser conducted the review of the complaint himself. On May 4, 2016, he released a report which held that Clark was not in a conflict of interest, as the fundraising was not for her personal benefit, but for the benefit of the
Liberal Party. As well, the receipt of the stipend was not a
644:
While not opposing the idea of the monument itself, the group of past-presidents argued that it was inappropriate for an overtly political memorial to be placed adjacent to the
Supreme Court, which is politically neutral: "It is ill conceived, however, to add an imposing sculpture signalling a
500:
in 1982. Speaking on behalf of the CBA, Fraser said he welcomed the appointment for two reasons: "First and foremost, as a lawyer and a judge her
Ladyship has demonstrated her worthiness to sit on the highest court in Canada. Secondly, the appointment ... involves women in every level of the
418:
to
Canadian National railway. Shortly after the complaint was filed, it became known that Fraser's son, John Paul Fraser, was an assistant deputy minister in the government and a personal friend of the Premier. Van Dongen asked that Commissioner Fraser not review the allegation himself, as he
571:, as required by the Supreme Court Act. After the Supreme Court's decision, the Prime Minister publicly criticised the Chief Justice, saying that she had behaved improperly in speaking of the qualification issue during a consultation about the appointment some nine months earlier, with the
640:
In 2015, Fraser was one of seventeen past-presidents of the
Canadian Bar Association wrote an open letter to the Globe and Mail, criticising plans to locate a proposed Memorial to the Victims of Communism immediately adjacent to the Supreme Court of Canada.
352:, appointed Fraser to chair a committee of inquiry into pornography and prostitution in Canada, along with six other committee members drawn for their range of expertise in the social and criminal issues relating to prostitution. In the
384:
The
Conflict Commissioner has a mandate with three functions: to provide advice to Members of the Legislative Assembly on potential conflicts of interest; to meet annually with each member to review their declarations under the
645:
strong political message, controversial or not, literally in the face of the very institution which is the final arbiter in Canada of disputes involving
Canadians, the federal and provincial governments, and foreign litigants."
484:
a professional organization for lawyers. He was the president of the
British Columbia Branch of the CBA in 1976-1977. In 1981-1982, he served as the national president of the CBA. He is the senior surviving past-president.
673:
Fraser was also the president of the
Canadian Section of the International Commission of Jurists, an organization dedicated to preserving the rule of law, the independence of the judiciary and human rights around the world.
392:
When Fraser was appointed in 2007, the position of Conflict of Interest Commissioner was part-time. However, when his appointment was renewed by the Legislative Assembly in 2015, it was made a full-time position.
488:
During his term as president of the British Columbia Branch, he pressed the provincial government to enact freedom of information and protection of privacy legislation, which would have been the first in Canada.
446:
Eby stated that he did not think when he filed the complaint that Fraser was in a personal conflict because of his son's connection with the Premier, but after the report came out he was reviewing that point.
1014:
455:
Fraser was also the acting Information and Privacy Commissioner for the first six months of 2010, another independent officer of the Legislative Assembly. The former Commissioner had been appointed the
1075:
1500:
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661:
Fraser served a three-year term, from 1993 to 1996, as president of the Commonwealth Lawyers Association, an international association which links lawyers from the various countries of the
460:
of British Columbia, and a severe backlog had developed while the position was vacant. The Government appointed Fraser on an interim basis while deciding whom to appoint full-time.
1059:
552:. The Prime Minister criticised the Chief Justice, alleging that she had acted improperly. The CBA past-presidents defended her actions, as did the then-President, Fred Headon.
1266:
509:
During his term as president of the British Columbia branch, Canada was going through a period of considerable political turmoil, caused by the election of the separatist
310:
Called to the Bar of British Columbia in 1965, Fraser developed an extensive litigation practice in both civil and criminal matters, with the firm which eventually became
381:
and must be recommended by at least two-thirds of the members of the Legislative Assembly. In Fraser's case, the Assembly's recommendation to appoint him was unanimous.
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by the Government of British Columbia. He also developed a practice in the area of mediation and arbitration, and continues to be available as a private arbitrator.
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1338:""Memorial To The Victims Of Communism - Canada, A Land of Refuge" - Project Update, National Capital Commission Board of Directors, June 25, 2015"
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758:"UBC Allard School of Law: "Paul Fraser, Q.C., has been appointed the Conflict Commissioner for British Columbia, December 2007""
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to the Supreme Court. Although he was sworn in, an issue arose whether he was eligible to be appointed under the terms of the
536:
In 2014, Fraser was one of eleven past-presidents of the CBA who intervened in a dispute between the Prime Minister of Canada,
948:"Office of the Conflict of Interest Commissioner: Commissioner — Biographical Information — Paul D. K. Fraser, Q.C."
831:
783:
427:
In 2016, it became known that Premier Clark hosted exclusive party fundraising events and received an annual stipend from the
1486:
Office of the Conflict of Interest Commissioner: Commissioner — Biographical Information — Paul D. K. Fraser, Q.C.
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that Justice Nadon was not eligible to be appointed, because he was on the Federal Court of Appeal rather than on a Quebec
369:
In 2007, Fraser was appointed as the British Columbia Conflict Commissioner. The position is established by an Act of the
1544:
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682:
Fraser has also served on the boards of directors of several corporations and not-for profit organizations, including the
1397:
275:
138:
435:, a New Democratic Party MLA, filed a complaint of conflict of interest with the Commissioner, as did Duff Conacher of
973:"Vancouver lawyer new conflict chief: Vancouver lawyer Paul Fraser is B.C.'s new conflict of interest commissioner."
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683:
914:"Pornography and Prostitution in Canada - Report of the Special Committee on Pornography and Prostitution - Summary"
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119:
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UBC Allard School of Law: "Paul Fraser, Q.C., has been appointed the Conflict Commissioner for British Columbia".
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870:
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Late in 2015, the federal government announced that it would move the proposed memorial to a different location.
337:
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Canadian Bar Association Presidents: Harper’s disrespect for the Supreme Court harms the workings of government
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by the Government of British Columbia. In 2015 he was awarded a Certificate of 50 Years Practising Law by the
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During his time in office, he testified before a legislative committee which was reviewing British Columbia's
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1076:"Christy Clark’s exclusive fundraisers, annual stipend from party not conflict of interest: commissioner"
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judicial system and makes the role of women in the administration of justice appropriately complete."
690:. He also sat on the boards of the University of Winnipeg Foundation, the Judicial Council of the
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410:, an independent MLA, filed a complaint with the Commissioner's office, alleging that Premier
278:. He also chaired a review of pornography and prostitution laws for the government of Canada.
1267:"Lawyers' association calls on Stephen Harper to acknowledge chief justice did nothing wrong"
592:
525:
111:
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Fraser was married twice and had 5 children. He died on March 29, 2019, at the age of 78.
8:
694:, the Canadian Foundation for Legal Research, the Canada-United States Law Institute and
1015:""B.C. legislature committee votes to makes conflict commissioner position full-time",
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989:"Office of the Conflict of Interest Commissioner: What is the Commissioner's Role?"
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2005: Law Society of British Columbia: Certificate of Fifty Years Practising Law.
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Fraser served as a special legal advisor to the then-Minister of Foreign Affairs,
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1283:
1177:""Ontario Appeals Court Judge Bertha Wilson's appointment," UPI, March 4, 1982"
1060:"B.C. Premier Clark cleared of conflict in dealings related to sale of BC Rail"
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At the annual meeting of the CBA in the summer of 1977 the national president,
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Fraser and ten other past-presidents of the CBA then wrote an open letter to
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In the fall of 2013, the federal government appointed Justice Nadon of the
517:. The PQ government's platform called for Quebec to separate from Canada.
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President of the British Columbia Branch of the Canadian Bar Association
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889:"Law Society of British Columbia: 50 and 60-Year Certificates, 2015"
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Fraser was national president when the federal government appointed
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532:
Dispute between the Prime Minister and the Chief Justice of Canada
1355:"Feds will move, redesign proposed Victims of Communism Memorial"
1204:"Canadian Unity: Presidential Address of A. Boyd Ferris, Q.C.",
651:
415:
1125:"B.C. names acting privacy commissioner", CBC, January 25, 2010.
343:
612:
of Charlottetown; Simon V. Potter of Montreal; William Johnson
480:
Fraser has been active both provincially and nationally in the
1424:"Home - ICJ Canada | International Commission of Jurists"
1320:"Proposed communism monument would put justice under a shadow"
784:"Lancaster House: Directory of Arbitrators: Paul Fraser, Q.C."
451:
British Columbia Information and Privacy Commissioner (Acting)
677:
1044:"Christy Clark Conflict Investigation Sent Out Of Province"
397:
Allegations of conflict of interest involving Premier Clark
636:
Criticism of the location of Victims of Communism memorial
414:
was in a conflict of interest in relation to the sale of
359:
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of Montreal; Guy Joubert of Winnipeg; D. Kevin Carroll,
1300:
Stephen Harper lashes out at top judge on Supreme Court
669:
International Commission of Jurists (Canadian Section)
423:
Exclusive fundraising events and Liberal Party stipend
139:
International Commission of Jurists (Canadian Section)
820:, Volume 25, Number 3, November 22, 2007, Afternoon.
1112:
Freedom of Information and Protection of Privacy Act
465:
Freedom of Information and Protection of Privacy Act
1376:"Obituary for Paul Fraser, Canadian Past President"
1232:"Compromise reached on national unity resolution",
656:
504:
258:(1941 – March 29, 2019) was a Canadian lawyer from
262:. He served as the Conflict Commissioner for the
39:British Columbia Conflict of Interest Commissioner
1511:
1159:"Canadian Bar Association - Past CBA Presidents"
591:In addition to Fraser, the letter was signed by
274:(1993–1996), and of the Canadian section of the
1398:"Commonwealth Lawyers Association — Objectives"
1370:
1368:
1314:
1312:
1218:Charles Lynch, "Beware Lawyers Bearing Gifts",
860:(Toronto: Vintage, 2004), pp. 92, 96, 100-101.
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1242:
858:Navigating a New World: Canada's Global Future
652:Participation in international lawyers' groups
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344:Fraser Report on Pornography and Prostitution
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1309:
1141:"BC Lousy at Guarding Privacy: Commissioner"
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513:government in the province of Quebec in the
1442:"Cuso International: Director, Paul Fraser"
1239:
1134:
1132:
1092:Premier, Office of the (January 25, 2010).
470:
281:
816:Legislative Assembly of British Columbia,
678:Corporate and not-for-profit directorships
364:
1200:
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811:
809:
807:
805:
741:
727:Honorary Doctor of Laws (LL.D.) from the
327:Canadian Indian residential school system
296:University of British Columbia Law School
50:January 1, 2008 – March 29, 2019
1129:
776:
715:1982: Queen's Counsel, British Columbia
377:. The Commissioner is nominated by the
375:Legislative Assembly of British Columbia
264:Legislative Assembly of British Columbia
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1094:"ACTING PRIVACY COMMISSIONER APPOINTED"
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942:
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632:of Barrie; and Rod Snow of Whitehorse.
348:In 1983, the then-Minister of Justice,
314:. On six occasions, he was appointed a
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1195:
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360:British Columbia Conflict Commissioner
1540:University of British Columbia alumni
916:, Department of Justice Canada, 1985.
373:and is a non-partisan officer of the
1560:Peter A. Allard School of Law alumni
937:
832:"Lancaster House: Paul Fraser, Q.C."
1535:Canadian Bar Association Presidents
927:"Members' Conflict of Interest Act"
540:, and the Chief Justice of Canada,
276:International Commission of Jurists
13:
544:, over the appointment of Justice
14:
1571:
1479:
1139:MacLeod, Andrew (April 1, 2010).
720:American College of Trial Lawyers
684:Canadian Broadcasting Corporation
600:of Montreal; Thomas G. Heintzman
496:, the first woman justice of the
387:Members' Conflict of Interest Act
871:"Law Halts Canadian Rail Strike"
701:
657:Commonwealth Lawyers Association
505:CBA Resolution on Canadian Unity
272:Commonwealth Lawyers Association
266:as well as the president of the
120:Commonwealth Lawyers Association
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429:British Columbia Liberal Party
371:Parliament of British Columbia
332:In 1982, Fraser was appointed
226:University of British Columbia
1:
1555:21st-century Canadian lawyers
1550:20th-century Canadian lawyers
977:(Victoria) November 23, 2007.
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7:
1530:Lawyers in British Columbia
1287:, RSC 1985, c S-26, ss 5, 6
1208:(1977), Vol 35, pp 413-417.
515:provincial election of 1976
476:President of CBA and BC CBA
379:Premier of British Columbia
10:
1576:
1491:February 23, 2016, at the
1236:, August 31, 1977, p. 62.
1222:, November 24, 1977, p. 6.
709:
606:of Toronto; Daphne Dumont
563:. In the spring of 2014,
401:
286:Fraser graduated from the
1114:, RSBC 1996, c 165, s 39.
290:in 1961 with a degree of
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482:Canadian Bar Association
471:Canadian Bar Association
300:Bachelor of Laws (LL.B.)
294:. He then attended the
282:Early life and education
268:Canadian Bar Association
77:Canadian Bar Association
1545:Canadian King's Counsel
1503:August 9, 2016, at the
692:Tsawwassen First Nation
663:Commonwealth of Nations
565:the Supreme Court ruled
557:Federal Court of Appeal
550:Supreme Court of Canada
498:Supreme Court of Canada
458:Deputy Attorney General
365:Appointment and mandate
354:Fraser Committee Report
292:Bachelor of Arts (B.A.)
1098:archive.news.gov.bc.ca
1048:Huffington Post Canada
729:University of Winnipeg
443:conflict of interest.
312:Fraser Milner Casgrain
298:, earning a degree of
288:University of Manitoba
217:University of Manitoba
75:53rd President of the
1456:"Paul D.K. Fraser QC"
718:1992: Fellow of the
1050:, November 13, 2012.
954:on February 23, 2016
931:www.bclaws.gov.bc.ca
60:H.A.D. (Bert) Oliver
622:of Iroquois Falls;
573:Minister of Justice
1324:The Globe and Mail
1254:The Globe and Mail
1064:The Globe and Mail
895:on August 19, 2016
875:The New York Times
696:Cuso International
585:The Globe and Mail
542:Beverley McLachlin
316:Special Prosecutor
176:Winnipeg, Manitoba
1428:www.icjcanada.org
1326:. March 26, 2015.
1285:Supreme Court Act
1066:, April 10, 2013.
1025:on March 22, 2019
877:. March 27, 1995.
764:on August 9, 2016
561:Supreme Court Act
270:(1981–1982), the
248:
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190:(aged 77–78)
137:President of the
118:President of the
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237:Profession
212:Alma mater
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240:Lawyer
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