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JUSTICE FOR ALL

June 2000

The concept of justice plays an equally important part in contemporary thought.  Traditionally, it has been felt that “justice is for all”.  However, the reality is, that there are different kinds of justice.  One can safely say that justice for the wealthy, the celebrities, and the ones who meet society’s criteria for determining success is totally different to the ones who have no claim to wealth, fame and the financial resources.  Generally, each and every individual has his or her own rules, regulations, principles and ethics by which they live.  When one chooses a profession that directly impacts on the lives of others, especially in the legal arena, one has made a commitment to “justice for all”.  This should not be determined by race, religion, wealth, and types of occupation, social status, or any other factors used by society in determining the type of justice.

Justice Crampton said, “a lawyer is a representative not a delegate.  He gives to his client the benefit of his learning, his talents and his judgment.  He will not knowingly misstate the law, he will not knowingly misstate the facts.  He will ever bear in mind, if he be an advocate of an individual and retained and renumerated whether inadequately or not, for his valuable services, yet he has a prior and perpetual retainer on behalf of truth and justice.  Nothing and no one can discharge him from that primary and paramount retainer.”

But it has become apparent that some defence lawyers in order to be admitted to the cozy network for exchanging favours, are expected to produce a number of guilty verdicts.  This happens all over the world.   Invariably the “sacrificial lambs” are the clients who are considered expendable.  Thus, it goes on and on, clients are traded up and down at the whims and fancies of members of the judicial society.  Indeed if a defence lawyer takes too adversarial a stance and is not willing to cooperate the price of ostracism may be high for both the lawyer and his client.  Justice then becomes no more than a myth, and the real loser is the client.

The question must be asked how many have suffered and are suffering, have enjoyed and are enjoying the taste of the myth “Justice for All”.

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Criminal Lawyers Association                                                   The Law Society Of Upper Canada

                                         Last Modified:  August 7, 2007

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