Photo: 3D Scales of Justice by Chris Potter (CC BY-SA 2.0) http://www.stockmonkeys.com
Last week, the Ontario Divisional Court heard an appeal from a Law Society decision to discipline a lawyer for incivility. The lawyer, Joe Groia, had accused a prosecutor of misconduct and the accusations, while made in good faith, turned out to be unfounded. Frank intervened on behalf of the Criminal Lawyers’ Association and argued that defence lawyers need a wide berth “to argue for due process without fear of being chastised by the regulator”. Because defence lawyers have a duty to fearlessly represent their clients’ interests, they are required to advance every available defence. Sometimes, it will be necessary to allege prosecutorial misconduct and lawyers should be able to advance such defences without fear of personal sanction. Rachel Mendleson covers the case for the Toronto Star.
Frank’s factum for the Criminal Lawyers’ Association is available here:
Groia v. LSUC – Factum of the Intervener, CLA