Enemy of the State? Why You Should Treat the Defence and Crown as Equals.

• Date: 01 September 2018
• Author: Izadi, Melody
• Published date: 01 September 2018
• Author: Izadi, Melody

Many perceive defence counsel as snaky, tricky, tactical used car salesman-like villains in courtrooms all across our countries. It's easy to blame us--we defend criminals, right? The Crown Attorney on the other hand, is often championed as justice fighters--putting the bad guys in jail where they belong, virtuous and pure.

The #MeToo and #believethevictims movements are obviously focused on the rights of complainants in sexual assaults, but the movement also seeks to villainize defence counsel who asks questions in cross-examination and passionately advocate for their client. It is these very moments in the courtroom that are glorified as shining examples of the slimy business of defending accused persons and the myth that defence counsel are pulling a fast one over the eyes of lady justice. Because there's no risk of wrongful convictions, or the Crown acting improper, right? Let's just do away with defence counsel all together since apparently we don't further the goals of justice.

But yet, amidst the fictitious fog, the Ontario Court of Appeal reminds us all of the parameters of the Crown...