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troutman · 02-02-2016, 03:01 PM

See also, Whack No More: Infusing Equality Into the Ethics of Defence Lawyering in Sexual Assault Cases

https://www.uwindsor.ca/law/tanovich...hacknomore.pdf

The article begins by exploring how sexual assault is different from other offences in terms of how it is processed, conceived of, and defended by lawyers. It is argued that this difference requires a rethinking of ethical lawyering in this context. The next part attempts to set out a normative framework that is largely grounded in legal and ethical norms including equality values, the lawyer’s duty to not discriminate, as well as an advocate’s obligation to act in “good faith” and not mislead the court. The article turns to applying this framework by setting out what defence tactics should be ethically barred, particularly when you know your client is guilty. The critical question of when you know your client is guilty is also addressed. The final part uses three leading Supreme Court of Canada evidence cases (R v Khan; R v Osolin; R v Parrott) to examine how the proposed ethical limits might have impacted the conduct of the defence.

From 2014, CBC Town Hall -
Fixing a broken system: Sexual assault and the law

http://www.cbc.ca/radio/thesundayedi...-law-1.2905285

Can we re-imagine a world where women who have been assaulted feel comfortable coming forward to report what happened to them, and where they are believed and treated with respect?

If we were to create a system where sexual assault complainants saw justice being served more often, what would that look like? And in making changes, how do we continue to protect the rights of the accused?

To explore these many questions we brought together a panel of legal experts:

02-02-2016, 03:01 PM	#863
troutman Unfrozen Caveman Lawyer Join Date: Oct 2002 Location: Crowsnest Pass Exp:	See also, Whack No More: Infusing Equality Into the Ethics of Defence Lawyering in Sexual Assault Cases https://www.uwindsor.ca/law/tanovich...hacknomore.pdf The article begins by exploring how sexual assault is different from other offences in terms of how it is processed, conceived of, and defended by lawyers. It is argued that this difference requires a rethinking of ethical lawyering in this context. The next part attempts to set out a normative framework that is largely grounded in legal and ethical norms including equality values, the lawyer’s duty to not discriminate, as well as an advocate’s obligation to act in “good faith” and not mislead the court. The article turns to applying this framework by setting out what defence tactics should be ethically barred, particularly when you know your client is guilty. The critical question of when you know your client is guilty is also addressed. The final part uses three leading Supreme Court of Canada evidence cases (R v Khan; R v Osolin; R v Parrott) to examine how the proposed ethical limits might have impacted the conduct of the defence. From 2014, CBC Town Hall - Fixing a broken system: Sexual assault and the law http://www.cbc.ca/radio/thesundayedi...-law-1.2905285 Can we re-imagine a world where women who have been assaulted feel comfortable coming forward to report what happened to them, and where they are believed and treated with respect? If we were to create a system where sexual assault complainants saw justice being served more often, what would that look like? And in making changes, how do we continue to protect the rights of the accused? To explore these many questions we brought together a panel of legal experts: Last edited by troutman; 02-02-2016 at 03:42 PM.