Tough Crimes is a collection of thoughtful and insightful stories by twenty of Canada's most prominent criminal lawyers. In the book, they write about cases that had surprising turns, or that presented personal or ethical challenges. We've all heard the media's take on notorious criminals, but when have we had a chance to hear directly from the lawyers who defended or prosecuted them? We've all lamented the fate of a person who we think was wrongfully accused, but who better to explain what happened than his or her counsel who was there for the client every step of the way.
In Tough Crimes, Edward Greenspan writes on a miscarriage of justice;
Richard Wolson and Marilyn Sandford on the wrongfully convicted; Earl Levy on the Toronto Shoeshine Boy murder; Peter Martin on a study of evil; John Rosen on defending Paul Bernardo; Fred Ferguson on child abuse; William Smart on a “Mr. Big” sting; Richard Peck on Air India; Noel O'Brien on corpora delicti; JoelPink on the Antigonish Beech Hill murders; Brian Beresh and Patrick Fagan on reasonable doubt; Mark Brayford on Robert Latimer; Marie Henein on the wrongfully charged; C.D. Evans on weighing moralities; William Trudell on the Walkerton water treatment disaster; forensic psychologist Thomas Dalby on the Taber school shootings; John Vertes on aboriginal justice; and Hersh Wolch on a young prosecutor's trial by fire.
About the Author
C.D. Evans QC and Lorene Shyba PhD, Editors
Christopher D. Evans QC is a Fellow of the American College of Trial Lawyers and held the Milvain Visiting Chair in Advocacy at the University of Calgary, Faculty of Law. He is a Life Member of the National Criminal Law Program Faculty. Together with Lorene, he has written and published five books.
Lorene Shyba PhD has worked in publishing for over three decades with expertise in writing and editing, print and web design, and video production. Her PhD dissertation won the H.B. Hyne Award for Innovation in Research from the University of Calgary, and she is affiliated as a research adjunct with the School of Creative and Performing Arts.
Read an Excerpt
John Rosen on Defence of Paul Bernardo
“Much has been written about the videotapes, the failure of the police to find them and the horrific nature of their contents. But nothing has ever been said about the impact of the tapes on the lawyers. After taking possession of the tapes, [Clayton] Ruby and I met at his home to view them for the first time. We played the VHS tapes so as not to damage the originals. We also fast-forwarded through most parts. Our intention was to get an understanding of what was depicted so we could assess my legal, professional and ethical obligations.
“In truth though, the images depicted shook me to the core. At one point, I needed to stop and excuse myself for a few moments. The images were deeply disturbing and the implications were obvious. How was I going to defend this case in the face of these tapes? What would prevent the jury from coming over the boards at me for having the gall to advance any defence for this accused? Moreover, I am a father myself what would my own family think of me? How was I going to survive a trial with my health and reputation intact?
“I could have avoided my responsibilities by claiming I was a witness to the chain of custody of the tapes. But what would that have said about the twenty-five years of my life that, at that point in time, I had dedicated to the criminal law? After a moment's hesitation, I decided to set aside my personal feelings and interests and get on with the job at hand.”
Table of Contents
Part One: Wrongful Conviction,
Edward L. Greenspan, A Miscarriage of Justice
Richard Wolson, A Perfect Storm for a Wrongful Conviction
Marilyn Sandford, Twenty-Seven Lost Years
Part Two: Homicide
Earl Levy, Toronto Loses Its Innocence: The Shoeshine Boy Murder
Peter Martin, Man's Inhumanity
John Rosen, Defending Paul Bernardo: Am I the Devil's Advocate?
Fred Ferguson, The Case of John Ryan Turner
William Smart, The Rest of the Story
Part Three: Reasonable Doubt
Richard Peck, Air India
Noel O'Brien, Corpora Delicti
Joel Pink, The Antigonish Beech Hill Murders
Patrick Fagan, Boys Will Be Boys
Brian Beresh, In Defence of Larry Fisher
Part Four: Collateral Damage
Mark Brayford, Democratic Freedoms Undermined: Robert Latimer
Marie Henein, Split-Seconds Matter
C.D. Evans, Weighing Moralities of a Victimless Crime
Part Five: Community
William Trudell, The Walkerton Tragedy
John Vertes, The Case of Henry Innuksuk
Thomas Dalby, The Taber School Shooting
Hersh Wolch, The Young Prosecutor's Trial by Fire