Page 22

May Advocate 2017

340 V O L . 7 5 P A R T 3 M A Y 2 0 1 7 THE ADVOCATE to convince the Supreme Court of Canada that they had to give him leave so that he could win again. And he did. That is exceptional. Felix Frankfurter once said that one cannot be a truly competent lawyer without being a cultivated person. Joe is just that. He is one of the most wellread people imaginable with eclectic and far-reaching tastes. He has developed a burning desire to see the world, and so has travelled to South America, Africa, Europe and the Middle East. He has recently taken up the fiddle. Fishing at home or in the wilderness, riding his Harley through the desert, sailing solo to Alaska, writing a play in the Florida Keys, or off on a retreat to improve his fiddling skills, he is always “all in”, just like he is on his cases. At some point, he learned how to play the accordion. During more than one party, we have had to remind Joe what Oscar Wilde famously said, “A gentleman is someone who can play the accordion, but doesn't.” Before Joe went to law school, he travelled around earning his keep by playing piano in bars. With his creativity, drive and determination, Joe might have had a brilliant career in the arts. But the legal profession in B.C., and the development of constitutional law in Canada, would have been much less enjoyable, and much less rich and interesting, if he had not been part of it. Perhaps the most remarkable thing about Joe, for those of us who have practised with him, is that he makes law so much fun. We would not have wanted to miss that. Perhaps the most relevant quote to describe Joe Arvay is something written in 1855 by George Sharswood, American jurist and scholar: “No man can ever be a truly great lawyer, who is not, in every sense of the word, a good man”.15 Joe Arvay is a good man. His contributions to his community and to his country are hard to exaggerate. A loving father to his children, a delightful grandfather, and a devoted husband to his wife Connie, Joe is a truly wonderful friend and a great human being. We feel proud to know Joe. ENDNOTES 1. Egan v Canada, 1995 2 SCR 513. 2. Chamberlain v Surrey School District No 36, 2002 t t t t t SCC 86. 3. 2004 SCC 79. 4. Little Sisters Book and Art Emporium v Canada (Minister of Justice), 2000 SCC 69 and Little Sisters Book and Art Emporium v Canada (Commissioner of Customs and Revenue), 2007 SCC 2. 5. Health Services and Support – Facilities Subsector Bargaining Assn v British Columbia, 2007 SCC 27. 6. Henry v British Columbia (Attorney General), 2015 SCC 24. 7. Canada (Attorney General) v PHS Community Services Society, 2011 SCC 44. 8. Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48. 9. Delgamuukw v British Columbia, 1997 3 SCR 1010. 10. Tsilhqot’in Nation v British Columbia, 2014 SCC 44. 11. Carter v Canada (Attorney General), 2015 SCC 5. 12. Rodriguez v British Columbia (Attorney General), 1993 3 SCR 519. 13. 1959 SCR 121. 14. Frank R Scott, Essays on the Constitution: Aspects of Canadian Law and Politics (Toronto and Buffalo: University of Toronto Press, 1977) at ix. 15. An Essay on Professional Ethics (Philadelphia: T & W Johnson, 1855) at 94.


May Advocate 2017
To see the actual publication please follow the link above