Press Release, November 18, 1998: Just Desserts

CRIMINAL LAWYERS’ ASSOCIATION
56 Temperance Street, Suite 800
Toronto, Ontario M5H 3V5

FOR MORE INFORMATION, CONTACT:
CRIMINAL LAWYERS’ ASSOCIATION
416-214-9875 Fax: 416-214-9802

FOR IMMEDIATE RELEASE

JUST DESSERTS

Toronto, November 18th, 1998 — The Criminal Lawyers’ Association wishes to make it absolutely clear that “vigorous lawyering” is essential for the proper administration of justice. Relentless effort by defence counsel to scrutinize and test a prosecution’s case is a fundamental requirement of our system of justice and necessary to ensure the basic right to a fair trial for all accused whatever their station in life.

We also deplore the public criticism of parties that cannot defend themselves because a publication ban prevents them from fully doing so. Criticisms should not be leveled when they cannot be refuted.

It is vitally in the public interest that Charter litigation be encouraged . Charter litigation serves the interests of all citizens of Canada. Most important fundamental protections that guarantee the basic rights of all of us have been established in cases successfully argued by diligent criminal defence counsel.

We view it as especially unfortunate to see public criticism of defence counsel such as David Midanik, Karen McArthur and Thomas Dungey, in the midst of on-going proceedings where, in all the circumstances, a considerable measure of success has been achieved in securing the rights of the less fortunate in our society.

ALAN D. GOLD, President