Lawyers jump to NDP MLA’s defence, object to out-of-order tactics from Tory caucus

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This article was published 28/03/2023 (894 days ago), so information in it may no longer be current.

The governing Progressive Conservatives have been accused of attacking Manitoba’s defence lawyers after the caucus singled out attorney and Opposition MLA Mark Wasyliw for “repeatedly fighting to make our streets less safe.”

The Criminal Defence Lawyers Association of Manitoba said the Tory caucus “crossed the line” and attacked its members and the rule of law last week when it issued a statement suggesting defence lawyers make society less safe when they advocate on behalf of accused persons.

“For the government to somehow look down upon defence lawyers in any way is a sad reflection on the issue of the day,” veteran criminal justice attorney and CDLAM spokesman Saul Simmonds said Monday.

“This is a bit of a slap in the face of the tradition of impartiality that every lawyer takes into the courtroom. Every lawyer is required to meet the highest standard of ethics.”

In a news release issued last Wednesday, the Tory caucus said it was disappointed Fort Garry MLA Mark Wasyliw was defending “alleged criminals who make our streets less safe” on top of his role as an elected official. Caucus chair and Springfield MLA Ron Schuler called for NDP Leader Wab Kinew to denounce Wasyliw for “repeatedly fighting to make our streets less safe.”

Simmonds said the statement misrepresents the role of defence lawyers, who come from a long tradition that recognizes people charged with criminal offences are not guilty until proven otherwise, and that every person deserves a strong and proper defence.

“A lawyer does not do anything other than advocate on behalf of his or her client and, in doing so, they are adhering to the key principles of what it is that makes this country great,” said Simmonds, who has been practising criminal law since 1980.

“The defence bar is an integral part of the justice system. It is necessary for people who are guilty to have representation and, more importantly, for people who are innocent to have representation. That’s why our system works. It’s a question of balance.”

CDLAM represents about 120 members across the province. Its current president is Gerri Wiebe, a partner at Wasyliw Wiebe, as is the Fort Garry MLA.

The attack on Wasyliw came as the government was under fire for a mass resignation of casual nurses from the sexual assault nurse examiner program at Health Sciences Centre.

The Tories also took issue with his firm’s advertising, which included phrases such as “Drinking and driving is not against the law” and “Facing sexual assault charges in Winnipeg? We can help… we’ll fight to keep you out of jail.”

Schuler challenged the NDP to denounce the ads, which he described as “objectionable.”

All references to Wasyliw on the firm’s website targeting people charged with impaired driving have since been removed. A section of the firm’s website that previously described legal services available to people charged with sexual assault has also been taken down.

Criminal defence lawyers have brought valuable experience and perspective to government as elected officials in Manitoba and Canada over the years, Simmonds said. He described Wasyliw as “an ethical and professional counsel” and noted voters knew about his work when they cast their ballots.

The appropriate place to raise advertising concerns is the Law Society of Manitoba, he said.

Manitoba Bar Association president Tanya Keller said it is unfair to attack a lawyer for doing the job.

Every person in the country charged with a criminal offence has a right to legal representation and for the claims against them to be rigorously tested, given their liberty is at stake, she said.

The MBA has about 1,400 members, including lawyers, judges and notaries.

“An attack on one of them is an attack on the system as a whole,” said Keller, who practises family law.

Keller questioned the need to criticize a lawyer for the work they do. She reiterated the important role of criminal defence attorneys and said they deserve to be shown respect.

“It’s a tough job and the mental health of lawyers is an important issue for us,” she said. “When they feel these kinds of political, public attacks on them when they’re just doing their job, that seems unfair.”

Schuler’s comment describing Wasyliw’s work as “fighting to make our streets less safe” was objectionable, she said.

“That’s not what he’s doing. That’s not what a criminal defence lawyer does,” she said.

On Monday, a spokesman for Justice Minister Kelvin Goertzen said it would be inappropriate for the attorney general to provide comment as he must “remain neutral and unbiased.”

In a statement, Schuler repeated that criminal defence lawyers play an important role in the legal system and the PCs believe in the principle of “innocent until proven guilty.”

“We also believe Manitobans deserve full-time MLAs,” he said. “While Mr. Wasyliw appears to be focusing his attention on moonlighting, the optics of an elected official defending serious charges and (pledging) to keep alleged criminals out of jail is concerning and sends the wrong message.”

He said the Opposition must state whether it takes issue with the advertisements and address concerns over their member’s ability to juggle two jobs.

In a statement, an NDP caucus spokesperson said Wasyliw changed the websites because they were a distraction from the government’s failures on the sexual assault nursing program at HSC.

He is also winding down his law practice, the spokesperson added.

danielle.dasilva@freepress.mb.ca