The Role of Defence Counsel

There may be some explicit and some implicit criticism of the actions of Defence Counsel, particularly with regard to the disclosure of the alibi evidence. Once again, that criticism arises from the circumstances of this case and it is certainly not a general comment on their work.

The role of Defence Counsel is of great importance to the administration of justice and to our democratic society. Crown Counsel are often regarded by the community as its protector and champion. Frequently, Defence Counsel are associated with their clients. All too often, they are unfairly thought of as those who take advantage of every "loophole" in the law to gain an acquittal. Yet Defence Counsel too must be courageous. They must defend those charged with offences no matter how heinous they may be. It is Defence Counsel who must ensure that no one is found guilty unless the charge is proven beyond a reasonable doubt. They must prepare their case carefully and present it clearly and fearlessly. They are duty bound to ensure that the case proceeds with due attention to the law which binds us all.

It cannot be forgotten that it is often only the Defence Counsel who stands between the lynch mob and the accused. Defence Counsel must be courageous, not only in the face of an outraged and inflamed community, but also, on occasion, the apparent disapproval of the Court. Defence Counsel must always act fairly, can never subvert the law and must remember, no matter how trying the circumstances may be, to uphold the dignity of the Court.

Our system of justice works best when able and well prepared counsel on both sides make their presentations to an impartial arbiter.

Defence Counsel must ensure that they put forward every reasonable defence on the part of their clients and strive to ensure that only the guilty are convicted.

It cannot be forgotten that there are innocent people who are charged with murder; that there are innocent people charged with sexual assault; that there are innocent people charged with fraud; and, indeed, that innocent people may be charged with any offence set out in the Criminal Code. It is the vitally important role of Defence Counsel to ensure that no person is found guilty unless guilt is proven beyond a reasonable doubt. The penalty of imprisonment takes away the most basic liberty of the subject. Indeed, for serious crimes, the deprivation of that liberty may result in a lifetime of imprisonment. The fundamental importance of the role of Defence Counsel in our democratic society is self-evident.

 

 

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