Canadian Lawyer

January 2008

The most widely read magazine for Canadian lawyers

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opinion issue of BCBusiness, journalist Sarah Efron quoted Shantz: "If you're defend- ing someone who's a rotten SOB, a law- yer gets painted with the same brush. The more heinous the criminal acts are, the more some parts of the public want to lay that on you." Shantz told Efron that his work on the Olson case affected his health and strained his relationship with his family. The New York Times has quoted Ronald Kuby, a prominent U.S. crimi- nal defence lawyer, as saying, "I know what happens in these cases. Your col- leagues shun you. The public hates you. Your family begins to question what you're doing." The Canadian public has just endured the trial of Robert Pickton, charged with the first-degree murders of six women (at the time of writing, the jury has not rendered its verdict). His trial on a fur- ther 20 counts of murder will be heard later. The gruesome evidence has ap- palled the nation. One of Pickton's lead lawyers is Peter Ritchie, who commands considerable respect. He has been quot- ed as saying, "Sometimes lawyers have to defend highly unpleasant causes, but it's not because they want to do those sort of cases." Police are busy investigat- ing hate calls made to Ritchie's office. The problem of politics When politics are involved, the situation becomes even more fraught, particularly if the lawyer himself has relevant po- litical opinions. A recent U.S. case illus- trates this well. In October 1995, Omar Abdel Rahman, a Muslim fundamental- ist cleric known as the "blind sheikh," was convicted in New York of conspir- Ethical dilemmas, the poisoned fruits of unpopularity, the dangers of politics. Hats off to the criminal defence bar for navigating these treacherous waters. ing to carry out a terrorist campaign of bombings and assassinations. He was sentenced to life in prison. The blind sheikh's lawyer was Lynne F. Stewart, a grandmother and former librarian, now almost 70 years old. Stewart has been described by The New York Times as a "jolly woman," "round-faced with the slightly owlish manner of a high school art teacher," and someone who likes to take her granddaughter (she has 14 grandchildren) to watch the Mets play at Shea Stadium. The newspaper also reported that Stewart believes "violence and revolution are necessary to wipe out the economic and racial injustices of America's capitalist system." Of the blind sheikh, Stewart said, "He's being framed because of his political and re- ligious teachings." In 2002, it was alleged that Stewart DD CL GRLBBF Law bw 12/3/07 5:01 PM Page 1 had smuggled messages from the now C Voice commands, on-board file encryption and password protection are but a few of the powerful features of the 9600. The ergonomic design lends itself to unparalleled user friendliness to create dictations, and the intuitive controls are easy to use. Packaged with SpeechExec Pro Dictate, the network-based dictation software and a docking station for uploading your files, the new 9600 is the ultimate in digital dictation. To order please quote code #40075-00 O Law Office Essentials dyedurham.ca • 1-888-393-3874 • Fax: 1-800-263-2772 Choose Dye& Durham your ONE source supplier www. C ANADIAN Law ye rmag.com JANU AR Y 2008 31 imprisoned sheikh to Egyptian terror- ist cells. She was charged with providing material support to terrorism and vio- lating federal prison rules. Some com- mentators said her prosecution, decided at the highest levels of government, was an attempt to teach a lesson to radical lawyers who took on odious clients. Others argued that Stewart had over- stepped the bounds of advocacy, acting out of political belief, and her pros- ecution was justified. In February 2005, Stewart was convicted by a jury, and in October 2006, sentenced to 28 months in prison. She is currently free pending appeal but has been disbarred. So far, Canadian lawyers seem not to have been sullied in this way. The most politically charged trial of recent times was about the 1985 Air India terrorist bombing. In 2005, after proceedings lasting almost two years, Ripudaman Singh Malik and Ajaib Singh Bagri were controversially acquitted in Van- couver on charges of conspiracy and murder. The many defence lawyers in the Air India case emerged unblem- ished. Now there are the Toronto bomb plot proceedings. In June 2006, 17 people from the Toronto area were charged under the Anti-terrorism Act with terrorist-related activities. They are said to be "adherents of a violent ideology inspired by al-Qaeda." Once more, the defence lawyers involved appear to be scrupulously steering away from the politics of the matter. So far, so good. Ethical dilemmas, the poisoned fruits of unpopularity, the dangers of politics. Hats off to the criminal defence bar for navigating these treacherous waters. ne of our more popular items, the Philips Digital Pocket Memo LFH9600 W e ' r e a y C a n a p d i m a n o a n

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