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"leroy saint" Discussed on Stereo Decisis

Stereo Decisis

07:37 min | 1 year ago

"leroy saint" Discussed on Stereo Decisis

"Faculty of law. Ilori young how are you doing today. Hillary i'm doing great problem. Curled up by the fire with my cat and getting ready to have a nice shot. Excellent great and we are lucky to be joined today by former dean patricia. Hughes of the university of calgary who is also the former chair in women and law at the university of new brunswick faculty of law dean hughes was also the founding executive director of the lock mission of ontario serving in that role from two thousand and seven to two thousand fifteen g has also been a vice chair of the ontario labour relations. Board the alternate chair of the on. -tario pay equity hearings tribunal and executive director of education and scholar in residence at bennett jones. Llp in calgary patricia. How are you doing today very well. Thanks okay so the topic that we wanted to discuss with you today. Patricia is based on a a an article. That you on slaw dot ca a few weeks ago that concerns firstly a particular criminal appeal in the ontario superior court of justice and it also concerns certain ethical issues that arose during the course of that appeal that involve questions of professional responsibility. And you wrote about those very interesting issues in your article first. Let's just talk about the the prosecution that is at the heart of of the article and that is our v. Sears there are two accused persons who have now been convicted they are james sears and leroy saint germain and they were both convicted for promoting hate against an identifiable group in this case the groups are women and jewish people in contravention of section. Three nineteen sub. Two of the criminal code patricia. Could you perhaps tell us a little bit about this prosecution and how it it came about my understanding about Putian is that it really does across the people who receive maintain. You'll ward news. Which is a community newspaper this sears than saint germain were involved and aluminum publish complained a great deal about it. In the end the two of them would charge where that she say. Contravening section between nineteen because of the nature of the information they expression stories narratives of a. They insist they continue to try in norwood news how the case became criminal prosecution. At the interesting you said that it as ethical issues may be another way of putting it. Is that the ethical issues or the lawyer representing james. Ceos actually allows for the prosecutor not rose after the prosecution before the trial right in that he had to decide what he would net present on behalf of jayme sears and this involves witnesses that involve arguments said involved evidence. And he wasn't comfortable with kinds evidence in socorro james's wanted him to as in that's what raves the what i think Ethical issues. One could see that. I should say we might want to discuss the difference here. He might have considered it killing in matter. What's the best representation as opposed to be on. That course would be unethical issues with the code but beyond that not really so maybe get into what specifically the arguments word that the The client wanted the lawyer to make the lawyer. Perhaps didn't wanna make right. So he he wanted the you. You said that the content of your world news yussuf's they're related Semitism and misogyny was much case and emigre lawyer. Didn't the leads of those arguments that raising the truth of that. Which is what is wanted to do. Serious wanted to argue that Eased positions that they raised in your world news which clearly anti semitic clearly misogynist were in fact true statements about jews women and mvp believes those success in a court today and effectively the holocaust effectively presenting these tropes and stereotypes and really bigotry about jews. One man as if they On that to do so would harm his case so that was one thing that that was a major thing. He wanted Ceo wanted them to call expo witnesses to from or to the evidence Previously had been convicted of sexual assault. Now he had deceived the pardon. Fictions of i have no idea have happened but he did and but he always said that is see that in fact you've been found not guilty. So he wanted embry to argue that as our those charges those convictions Who wasn't convicted. He was found not guilty now. Angry was not prepared to do that. Now that is very direct ethical. Issue that to do. That would be to mislead the tribunal so I think the questions the barrel a truth. How these statements in your news quite interesting. Because the question of scenting defenses on behalf of your client that might be unpopular. That might not be something you really want to do. But you know he's supposed to represent tryin to the best of your ability regardless of your own news on the map as long as they don't otherwise fem code all along otherwise in when you say the code there you mean. The professional responsibility honda. Now i think what was interesting about the way employee actually handled. This is not presented as he's would not be helpful to his on of course that's limitation on. You have to be frank with your client. You have to say what helps climb and you should not be taking making humans that would not be held on and so i think he in a sense of water within those as opposed to avoid ethical sense of whether or not these were appropriate. Now in my slow post i another aspect of this in ontario. I'm not so sure wine equivalent in some other provinces but there is this additional requirements that able to represent a following human rights obligations under human lights that in the senate she should be reflecting annual. Were not reflecting in. Were negative kinds of things General now it's not as quick. How does that is.

Ilori dean patricia university of new brunswick fa dean hughes lock mission of ontario ontario labour relations bennett jones james sears leroy saint germain Putian patricia Faculty of law ontario superior court of just jayme sears university of calgary yussuf saint germain Hillary Hughes Llp