Criminal Lawyers: Unsung Guardians Of Justice

As a criminal lawyer, I’m no stranger to eyebrow-raising questions and judgmental comments about my profession. From casual conversations to pointed queries from kids, I’ve heard it all:

• “Why do you defend bad people for a living?”
• “Don’t you feel guilty keeping dangerous people out of jail?”
• “How can you sleep at night knowing your client is guilty?”

It’s time to set the record straight. Criminal lawyers are more than just defenders of the accused—we are crucial to upholding democracy, ensuring fairness, and protecting everyone’s rights, even yours. Let’s unpack the misconceptions and reveal the truth about why criminal defense lawyers are an indispensable part of the justice system.

Democracy And The Rule of Law

We live in a democracy where everyone is afforded fundamental rights and freedoms. The Canadian Charter of Rights and Freedoms is the backbone of this system, ensuring that individuals are free from unchecked state and police intervention. At the heart of this framework lies a cornerstone principle: the presumption of innocence.

The presumption of innocence means that every person is considered innocent until proven guilty in a court of law. This principle ensures that the state must prove its case beyond a reasonable doubt, not simply accuse and convict. Without criminal lawyers to enforce this presumption, the balance of power tilts dangerously in favor of the state.

The Role Of The Charter In Criminal Law

The Charter protects numerous rights that criminal lawyers champion every day:

• Section 7: The right to life, liberty, and security of the person.
• Section 8: Protection against unreasonable search and seizure.
• Section 9: Protection against arbitrary detention or imprisonment.
• Section 10: The right to legal counsel upon arrest or detention.
• Section 11(d): The right to be presumed innocent until proven guilty.

Criminal lawyers are the ones who hold police and prosecutors accountable for these rights. When the police overstep their boundaries, whether through unlawful searches, coercive interrogations, or arbitrary detentions, it’s criminal lawyers who raise the alarm.

Cases like R. v. Grant, 2009 SCC 32 (CanLII), [2009] 2 SCR 353, which redefined the test for excluding evidence obtained through Charter breaches, highlight how lawyers ensure the state plays by the rules. By challenging violations, we create a system where there’s a real incentive for law enforcement to comply with the Charter.

Wrongful Convictions: A Stark Reality

Let’s talk about wrongful convictions. How would you feel if you were wrongly accused of a crime? Imagine being innocent, yet charged, convicted, and imprisoned because no one presumed you innocent or protected your right to a fair trial.

Cases like David Milgaard and Guy Paul Morin remind us of the devastating consequences when the justice system fails. These men spent years in prison for crimes they didn’t commit, and it was persistent legal advocacy that ultimately cleared their names.

Without criminal lawyers, who would challenge flawed evidence, biased investigations, or coerced confessions? Who would ensure that the accused receives a fair trial?

Defending The Guilty

Here’s a tough pill to swallow: yes, criminal lawyers defend people who are guilty. But let’s dig deeper. Our job isn’t to condone crime or excuse behavior—it’s to ensure that every accused person gets a fair trial and that the punishment fits the crime.

Even in the most heinous cases, criminal lawyers play a critical role. We test the evidence, ensure that the state meets its burden of proof, and advocate for proportionate sentencing. This process isn’t just about the accused—it’s about maintaining the integrity of the justice system.

Why Criminal Lawyers Matter

Criminal lawyers are often seen as defenders of the accused, but we’re also defenders of the system itself. Without us:

• There’s no one to hold law enforcement accountable for violating rights.
• Wrongful convictions could go unchecked.
• The presumption of innocence could become meaningless.
• Fair trials could become the exception, not the rule.

Imagine a world where you couldn’t find criminal counsel because no one was willing to defend the unpopular, the accused, or the misunderstood. That world is not a democracy—it’s tyranny.

Final Thoughts

Criminal lawyers don’t just defend individuals; we defend principles. The next time you hear someone questioning why we do what we do, remind them that a fair and just society depends on our work. We ensure that the powerful are held accountable, the innocent are protected, and even the guilty are treated with fairness.

Because at the end of the day, it’s not just about defending “bad people”—it’s about defending the idea that everyone deserves justice. And that’s something worth fighting for.