Manitoba Premier Wab Kinew’s decision to boot a backbencher from caucus because of his association with a criminal defence lawyer in a high-profile case is “deeply troubling and irresponsible.”
Canadian Bar Association President Lynne Vicars says criminal defence lawyers play a crucial role in the justice system, as the right to legal representation for every individual facing criminal charges is a fundamental principle within a democratic society.
Kyla Lee of Acumen Law Corporation in Vancouver and chair of the CBA’s criminal justice section, says Cross’ and Kinew’s comments undermine the system by signalling that a criminal defence lawyer is the same type of person as their client.
“The state is telling the public that it is just as reprehensible to represent a client charged with a horrific act as it is to be the person charged with a horrific act,” she says.
While that’s “entirely untrue,” Lee says this could have a chilling effect on younger lawyers or those with political aspirations, who may perceive that joining the defence bar and representing criminal offenders will close doors on future opportunities.
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“It is already very inhospitable to be a criminal defence lawyer in Canada,” Lee says of the demands and expectations in a post-COVID and post-Jordan world, which brings added work that’s not compensated and has lawyers scheduling trials back-to-back for fear of a Jordan application that could get a case tossed.
“It’s a 24-hour job, and it’s hard enough to do the job without having to worry that the leader of your province is saying that because you do that job, you are a bad person.”
