Bryan Williams (Canadian lawyer)

Bryan Williams, QC, is a Canadian lawyer and retired judge from Vancouver, British Columbia. He was a puisne justice on the British Columbia Court of Appeal and also Chief Justice of the British Columbia Supreme Court. In addition to an extensive litigation practice, he was heavily involved in a number of organizations relating to the practice of law and the administration of justice, including a term as national president of the Canadian Bar Association.

The Hon. Bryan Williams, Q.C., LL.D.
Chief Justice of the Supreme Court of British Columbia
In office September 30, 1996 – 2000
Nominated by	Jean Chrétien
Preceded by	William A. Esson
Succeeded by	Donald Brenner
Justice of the Court of Appeal of British Columbia
In office September, 1995 – September 30, 1996
Nominated by	Jean Chrétien
58th President of the Canadian Bar Association
In office 1986–1987
Preceded by	The Hon. Robert Wells, Q.C., LL.D.
Succeeded by	The Hon. Jean Bazin, Q.C.
President of the British Columbia Branch of the Canadian Bar Association
In office 1977–1978
Personal details
Born	Calgary, Alberta, Canada
Nationality	Canadian
Political party	Liberal
Spouse(s)	Audrey Williams
Education	University of British Columbia: LL.B.
Profession	Lawyer

Early life and family

Williams was born in Calgary, Alberta, but his family moved to British Columbia when he was young. He grew up on Vancouver Island and then attended law school at the University of British Columbia.[1] His wife, Audrey Williams, was a competitive ice skater and ice skating judge, including judging at the Lillehammer Winter Olympics in 1994.[2] They have four children together.

Legal career

Litigation practice

Williams was called to the British Columbia bar in 1959.[3] He practised law with the Vancouver firm of Swinton and Company for close to forty years, being made partner in 1961. A litigator in commercial matters, administrative and environmental law, he eventually led the firm's litigation department.[3][4] He developed a very busy practice in the courts, often juggling different complicated court matters simultaneously.[1] He appeared in major cases involving aboriginal land claims, physician billing practices, and lawyer advertising rules.[4] He also appeared in two cases in the Supreme Court of Canada. One of them, Attorney General of Canada v Law Society of British Columbia, is a leading case on the constitutional jurisdiction of provincial superior courts, as well as the interplay between federal competition law, and provincial regulation of the legal profession.[5]

One of his major cases was acting as counsel for the government of British Columbia in Delgamuukw v. British Columbia at the British Columbia Court of Appeal.[6] The case was one of the most important cases relating to aboriginal title in Canada. He was asked directly by the Premier of British Columbia to argue the province's position. Williams later said it was the most interesting case of his career.[7] The case went on appeal to the Supreme Court of Canada, but Williams was not able to act for the provincial government in the Supreme Court because by then he had been appointed to the bench.

Leadership at the bar

Williams was heavily involved in a number of organizations relating to the legal profession and the justice system. At various times he was a member of the Canadian Human Rights Tribunal; a commissioner on the British Columbia Law Reform Commission; chair of the British Columbia Legal Aid Society; and Governor of the British Columbia Law Foundation. He also served as permanent chair of a number of arbitration committees under various collective bargaining agreements.[1]

Upon the expiry of his term on the Law Reform Commission, the Commission paid tribute to him in their annual report: "Mr Williams brought to our deliberations a wealth of experience as senior counsel. His intuitive grasp of complex issues combined with a keen appreciation of the practical consequences of law reform measures made him a tower of strength in our deliberations."[8]

Williams was heavily involved in the Canadian Bar Association throughout his legal career. He was the president of the British Columbia Branch of the CBA in 1977-78, and the national president of the CBA in 1986-87.[9] In 1983-84, he was the chair of the CBA National Law Reform and Legislation Committee and in 1984-85, he was the founding chair of the CBA Law for the Future Fund.[4]

One of his friends, Richard Vogel, a former Deputy Attorney General for British Columbia, commented that Williams "... has lectured, published and generally made waves on numberless platforms and podiums."[1]

Politics

Williams was a long-time supporter of the federal Liberal Party and a personal friend of Prime Minister Jean Chrétien.[10][11] At the provincial level, he was involved in the British Columbia Social Credit Party.[1]

Environmental issues

Williams has a strong interest in the environment and the wilderness. He was a member and director of the World Wildlife Fund Canada. In 1985, the provincial government appointed him the chair of the Wilderness Advisory Committee established by the provincial government.[12] The Committee recommended the creation of several new wilderness parks and also changes to the boundaries of some existing parks, such as South Moresby Island. In 1995, he was appointed Canada's special advisor in relation to the North American Commission for Environmental Cooperation, established as part of the North American Free Trade Agreement.[4] In the spring of 1995, the provincial government again relied on his services, appointing him a Special Commissioner to review the issue of the public usage of the Cypress Park, which had become controversial over the conflicting interests of conservation and economic development. He made his report to the provincial Cabinet in August, 1995.[4][13]

Other Activities

Williams was on the board of Air BC, a regional subsidiary of Air Canada. He was also the chair of the YVR (Vancouver airport) Art Foundation, and a director of the Laurier Institution.[4]

Judicial career

Williams was appointed a puisne justice of the British Columbia Court of Appeal in 1995.[14] He was only on the Court of Appeal for a short time, as a year later he was appointed Chief Justice of the British Columbia Supreme Court, the superior trial court.[15]

In 2000, after four years as Chief Justice, Williams resigned from the Supreme Court. The circumstances of the resignation were not clear. There were rumours that nude pictures had been found on Williams's computer. He denied those rumours, saying that someone had e-mailed the images to him and he deleted them as quickly as possible.[16][17] He was quoted as saying that the reason for the resignation was friction with the executive committee of the judges of the Supreme Court.[16][17] News reports at the time indicated there may have been dissatisfaction with his leadership style in pushing for reforms to the court system.[17]

When contacted before the resignation was confirmed, the Attorney General of British Columbia, Ujjal Dosanjh, said that the resignation would be considered a loss by the legal community. Dosanjh said that the Chief Justice was seen as a champion of the underdog, and had pushed hard to implement innovations in the court system, such as alternative dispute resolution and video conferencing.[10]

The President of the Law Society of British Columbia praised Williams for pushing for reforms to the court process, which were aimed at making the court process more accessible, faster and cheaper. He said: "It takes courage to initiate change. Chief Justice Williams retires knowing that he has the admiration and respect of the Law Society, and with a distinguished career of service as a lawyer, jurist and Chief Justice."[18]

A well-known political commentator, Rafe Mair, criticized the lack of transparency about the reasons for the resignation.[11]

ICBC Fairness Commissioner

In 2000, the President of ICBC, Thom Thompson, approached Williams with the idea of an ICBC ombudsman (later to be known as the ICBC Fairness Commissioner). This was to be an independent commissioner to hear and assess complaints from certain customers of Insurance Corporation of British Columbia, and determine whether they had been fairly treated in their dealings with the Corporation.

Williams accepted the appointment and commenced business as the Fairness Commissioner on March 1, 2001.[19] He served in this position until 2004.[20]

Honours

• 1990 - awarded an LL.D. (honoris causa) by the University of Victoria.[4]
• awarded Queen's Counsel.

References

1. Richard Vogel, "The Bryan Williams Story" (1986), 44 Advocate 459.
2. "BC Sports Hall of Fame: Audrey Williams". Archived from the original on October 13, 2017. Retrieved January 29, 2017.
3. Christopher Moore, The British Columbia Court of Appeal: The First Hundred Years. Vancouver: UBC Press, 2010, pp. 197-198.
4. "Former CBA president appointed new chief justice of BC Supreme Court", BarTalk - CBA BC Branch Newsletter, October 1996, Vol. 8, No. 5, p. 1.
5. Attorney General of Canada v Law Society of British Columbia, [1982] 2 SCR 307.
6. Delgamuukw v. British Columbia (1993), 30 B.C.A.C. 1, 104 D.L.R. (4th) 470, [1993] 5 C.N.L.R. 1 (BCCA).
7. Hon. Bryan Williams, "Delgamuukw at 10: An Insider’s Tale".
8. Law Reform Commission of British Columbia, Annual Report, 1984/85, pp. 1-2.
9. Canadian Bar Association: Past-Presidents.
10. Peter Kennedy, "B.C. Supreme Court Chief Justice expected to resign," Globe and Mail, February 7, 2000.
11. Rafe Mair, "CKNW Editorial for May 25, 2000".
12. British Columbia Wilderness Advisory Committee (1985-1986).
13. Bryan Williams, Q.C., "Report of the Cypress Park Special Planning Commission", August, 1995.
14. British Columbia Courts: Court of Appeal: Current & Former Justices of the Court of Appeal
15. British Columbia Courts: Supreme Court: Members of the Supreme Court of British Columbia
16. "Chief Justice taking early retirement", CBC, February 8, 2000.
17. "Chief Justice takes early retirement", CBC. February 7, 2000.
18. ""Williams lauded by Law Society of BC", Law Society of British Columbia News Release, February 8, 2000". Archived from the original on February 2, 2017. Retrieved January 29, 2017.
19. "Annual Report of the Fairness Commissioner, March 2002" (PDF). Legislative Library of British Columbia. Retrieved July 3, 2019.
20. "Annual Report of the ICBC Fairness Commissioner, March 2004" (PDF). Legislative Library of British Columbia. Retrieved July 3, 2019.