Paul D.K. Fraser (1941 – March 29, 2019) was a Canadian lawyer from British Columbia. He served as the Conflict Commissioner for the Legislative Assembly of British Columbia as well as the president of the Canadian Bar Association (1981–1982), the Commonwealth Lawyers Association (1993–1996), and of the Canadian section of the International Commission of Jurists. He also chaired a review of pornography and prostitution laws for the government of Canada.
Early life and education
Fraser graduated from the University of Manitoba in 1961 with a degree of Bachelor of Arts (B.A.). He then attended the University of British Columbia Law School, earning a degree of Bachelor of Laws (LL.B.) in 1964.
Legal career
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 Fraser Milner Casgrain. On six occasions, he was appointed a Special Prosecutor 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.
Fraser served as a special legal advisor to the then-Minister of Foreign Affairs, Lloyd Axworthy, 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 Canadian Indian residential school system.
In 1982, Fraser was appointed Queen's Counsel by the Government of British Columbia. In 2015 he was awarded a Certificate of 50 Years Practising Law by the Law Society of British Columbia.
Fraser Report on Pornography and Prostitution
In 1983, the then-Minister of Justice, Mark MacGuigan, 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 Fraser Committee Report, 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.
British Columbia Conflict Commissioner
Appointment and mandate
In 2007, Fraser was appointed as the British Columbia Conflict Commissioner. The position is established by an Act of the Parliament of British Columbia and is a non-partisan officer of the Legislative Assembly of British Columbia. The Commissioner is nominated by the Premier of British Columbia 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.
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 Members' Conflict of Interest Act; and to carry out investigations into complaints of conflicts of interest.
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.