The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50818
apology is more of a strategic move aimed at sentencing proceedings. Politics, however, are having an impact on Petit's job and his bid to get to the truth. Last year, for example, a public spat broke out with his Cambodian co-prosecutor, Chea Leang, over his bid to have the tri- bunal try more than just the five people so far scheduled to come before it. Leang, he notes, has argued that doing so would endanger peace and stability in Cambodia, a country still bruised by the genocide and whose government has links to the Khmer Rouge. Petit, though, rejects that notion and argues that holding perpetra- tors responsible for their actions will do more for national unity than letting them off the hook. "Reconciliation begins with accountability," he says. Côté, himself now finishing up a UN assignment in the Democratic Republic of Congo, says the Cambodian assignment has left Petit in a situation he has never faced before. "It's interesting because this is the first job he's had where he has had to deal with politics," he says, praising Petit's handling of the conflict. In fact, Côté notes, the Khmer Rouge tribunal faced intense negotiations between the UN and the Cambodian government from the beginning, particularly over who would decide whom to indict. The result was a complicated agreement that would send disputes, such as the current one, to a panel of five judges who, in order to overturn a decision, must make a majority ruling that includes at least one international judge. But according to Côté, Petit made a deliberate decision to steer clear of dis- putes, and in fact tried mediation first, until he realized conflict was unavoidable since Leang was receiving orders from the Cambodian government. Since then, Petit has been forceful in making his case. "It shows again his integrity, his honesty," says Côté. "He's a guy who's going to go with the mandate. He's not going to be influ- enced. This is what you need in that job." Côté says he first saw that integrity when he and Petit stood on opposite sides of the courtroom in Montreal. It was that relationship, then, that led him to steer Petit towards the job in Rwanda, where he was responsible for investigating cases in order to draft indictments and prepare them for court. Then, when Côté went to work for the Special Court for Sierra Leone, he found Petit an obvious choice as a prosecutor there. It was in Sierra Leone Petit feels he had one of his biggest suc- cesses in helping move the law forward on treating gender-based offences, such as forced marriages, as distinct crimes against humanity. "I've always considered that gender crimes needed to be addressed forcefully and unequivocally," he says. But despite such advancements, globe- trotting from one international tribunal to another can carry a price, particularly when, as in Petit's case, you're a father of two constantly on the move. Petit says he has been privileged to do what he does and credits his "extremely tolerant wife," as well as the comparably comfortable life- style in Cambodia, for making this latest assignment the easiest one — at least on a personal level — so far. Côté, however, points out that Petit's deep curiosity about other cultures, a trait he showed early on in Rwanda, has made him an ideal person to do the work he does. "Robert's big qual- ity is certainly that he had a lot of respect for different cultures. He was able to be like a fish in water in Rwanda. It ended up that he married a Rwandan, which is really embracing the culture." Petit's immediate future in Cambodia is uncertain. Currently on a leave of absence from Justice Canada's crimes against humanity and war crimes section, he is supposed to return to Ottawa this month. Petit isn't sure how that will play out given his duties in Cambodia but says that what- ever happens, he feels he has made a con- tribution to international justice. "They're always a compromise," he says of the tribu- nals he's been on. "It's never as much justice as is deserving or could be done." Terry Beitner, his boss in Ottawa says while people like Petit do important work abroad, they also have value in Canada, where officials are developing an approach to prosecuting people accused of war crimes elsewhere who subsequently escape here. "Robert continues in a long tradition of sharing our legal expertise around the world and bringing home lessons learned," he says. Martin's Ontario Criminal Practice, 2010 Edition With annotations by Edward L. Greenspan, Q.C. and The Honourable Justice Marc Rosenberg Tried, Trusted and True Martin's Ontario Criminal Practice offers the most current and authoritative explanation of the rules of practice in Ontario's criminal justice system. The latest edition includes: • Criminal Appeal Rules • Criminal Proceedings Rules of the Superior Court of Justice (annotated) • Rules of the Ontario Court of Justice in Criminal Proceedings (annotated) • (relevant sections and regulations, annotated) • regulations governing appeals under the Value added features: • expanded case law, current to March 15, 2009 • Ontario Review Board Rules of Procedure • concordance with cross-referencing to the former rules followed by the Administrative Guidelines of the Ontario Court of Appeal • forms on CD-ROM … and more ORDER your copy today Hardbound with CD-ROM • Published July each year • 1,086 pp. • Standing order $92 P/C 0654140000 • Current edition only $97 • P/C 0654010999 • ISSN 1188-9640 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. CL0709 www. C ANADIAN Law ye rmag.com JULY 2009 19 Martins Ontario 2010 (CL 1-3sq).indd 1 6/11/09 9:55:07 AM Provincial Offences Act Provincial Offences Act