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Jan Advocate 2017

THE ADVOCATE V O L . 7 5 P A R T 1 J A N U A R Y 2 0 1 7 55 LET THE SKY FALL: LAWYERS IN THE HISTORY OF BRITISH COLUMBIA MOUNTAINEERING PART I – THE MOUNTAINS By David Crerar, Anders Ourom, and Harry Crerar* From the earliest days of British Columbia and Vancouver as political entities, lawyers and judges have been attracted to the province’s majestic mountains. Modern mountaineering and climbing as a form of recreation have their origins in the industrial revolution, and nineteenth century British middle and upper classes. Some famous lawyers and judges from that time and later in Britain were also mountaineers, including Quintin Hogg (Lord Hailsham),1 Lord Claud Schuster,2 and Sir Alfred Wills.3 Why are so many lawyers attracted to mountains? Apart from seeking beauty and adventure, climbing a peak is a metaphor for the practice of law. A climber, like a lawyer, who lacks any of patience, preparation, perseverance, or respect, will not only fail but may fail fatally. Or perhaps it is because the mountains are an escape from the practice of law: from a lofty peak, the petty squabbles of litigation and clients, and the strained nuances of jurisprudence and statutes, seem as small as the distant waves and trees. Or perhaps it is a synthesis of the embrace and escape: the authors have had some of their finest moments of strategic lucidity and epiphany on their files while their brains have been peaceful and happy on the long trek up a mountain. This article is published in two parts. Part I traces the historic connection between mountains and jurists in British Columbia focusing on mountains and regions named after them. Part II will focus on the mountaineers: judges and lawyers that have at least given mountaineering, climbing, scrambling or backcountry skiing a try. * The authors wish to thank the following for their assistance with this article: Daien Ide and Janet Turner (North Vancouver Museum and Archives), Bernice Chong and Jacquie Reagh (the Law Society of British Columbia Archives), Carla Jack (Provincial Toponymist, B.C. Geographical Names Office), David Roberts, Q.C., Dr. Glenn Woodsworth, Bruce Fairley, Gerry Kent, Patrick Dearden, Andrew Wilkinson, Q.C., Todd Gerhardt, Robin Tivy (bivouac.com), John Hutchinson, Joe Bajan, Michaela Donnelly, Simon Chesterton, and Katie Heung and Jessica Guichon of Borden Ladner Gervais LLP.


Jan Advocate 2017
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