Legal organizations outside Manitoba are slamming the Kinew government’s decision to oust an MLA from the NDP caucus because his former law firm partner represents convicted sex offender Peter Nygard.
The organizations, which include the Criminal Defence Advocacy Society in British Columbia and the Calgary Criminal Defence Lawyers Association, say the government needs to apologize to Mark Wasyliw.
“One might expect that a political party, whose leader is no stranger to the criminal justice system, might appreciate the importance of legal representation for all accused,” a Wednesday statement from BC’s Criminal Defence Advocacy Society reads.
[…]
Kinew received a pardon for convictions related to impaired driving and assault of a taxi driver more than two decades ago. Additional assault charges against Kinew involving his common-law wife were stayed in 2004.
The association also took aim at some of the wording on the original NDP caucus news release, which has enraged lawyers in Manitoba and elsewhere.
The statement, released on Monday by NDP caucus chairman Mike Moyes, stated the decision to oust Wasyliw from caucus was after it “learned that MLA Wasyliw’s business partner is acting as Peter Nygard’s criminal defence lawyer.
“MLA Wasyliw’s failure to demonstrate good judgment does not align with our caucus principles of mutual respect and trust.”
The Criminal Defence Advocacy Society said it “encourages the Manitoba NDP to reconsider its decision and offer an unequivocal apology to Mr. Wasyliw and to its constituents.
[…]
Asked for comment, Justice Minister Matt Wiebe instead sent a statement saying “as Attorney General, I am privileged to work on behalf of Manitobans to ensure a fair and just legal system, including respecting and upholding the role of defence lawyers.
“Every person in Manitoba has the right to a rigorous defence, but we expect caucus members to be focused on their MLA duties rather than their legal practice.”
The lawyer representing Nygard called the government’s statements disappointing.
“Instead of demonstrating that courage, they just doubled down on a bad position and I am just utterly disappointed,” said Gerri Wiebe, noting she voted for the NDP.
“Had I known that within a year they would make association with me a cause for dismissal, I would rethink that vote. Also, I would like my donations back.”
Chris Gamby, of the Criminal Defence Lawyers Association of Manitoba, said the government still has to understand the role defence lawyers play in the criminal justice system.
“Some more clarification and an apology for how they approached this is what we are hoping for,” said Gamby.
“We take heart that other organizations across the country have come out and backed us up on this.”
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Archived version: [https://archive.fo/pP2VX](https://archive.fo/pP2VX)
Summary:
Legal organizations outside Manitoba are slamming the Kinew government’s decision to oust an MLA from the NDP caucus because his former law firm partner represents convicted sex offender Peter Nygard.
The organizations, which include the Criminal Defence Advocacy Society in British Columbia and the Calgary Criminal Defence Lawyers Association, say the government needs to apologize to Mark Wasyliw.
“One might expect that a political party, whose leader is no stranger to the criminal justice system, might appreciate the importance of legal representation for all accused,” a Wednesday statement from BC’s Criminal Defence Advocacy Society reads.
[…]
Kinew received a pardon for convictions related to impaired driving and assault of a taxi driver more than two decades ago. Additional assault charges against Kinew involving his common-law wife were stayed in 2004.
The association also took aim at some of the wording on the original NDP caucus news release, which has enraged lawyers in Manitoba and elsewhere.
The statement, released on Monday by NDP caucus chairman Mike Moyes, stated the decision to oust Wasyliw from caucus was after it “learned that MLA Wasyliw’s business partner is acting as Peter Nygard’s criminal defence lawyer.
“MLA Wasyliw’s failure to demonstrate good judgment does not align with our caucus principles of mutual respect and trust.”
The Criminal Defence Advocacy Society said it “encourages the Manitoba NDP to reconsider its decision and offer an unequivocal apology to Mr. Wasyliw and to its constituents.
[…]
Asked for comment, Justice Minister Matt Wiebe instead sent a statement saying “as Attorney General, I am privileged to work on behalf of Manitobans to ensure a fair and just legal system, including respecting and upholding the role of defence lawyers.
“Every person in Manitoba has the right to a rigorous defence, but we expect caucus members to be focused on their MLA duties rather than their legal practice.”
The lawyer representing Nygard called the government’s statements disappointing.
“Instead of demonstrating that courage, they just doubled down on a bad position and I am just utterly disappointed,” said Gerri Wiebe, noting she voted for the NDP.
“Had I known that within a year they would make association with me a cause for dismissal, I would rethink that vote. Also, I would like my donations back.”
Chris Gamby, of the Criminal Defence Lawyers Association of Manitoba, said the government still has to understand the role defence lawyers play in the criminal justice system.
“Some more clarification and an apology for how they approached this is what we are hoping for,” said Gamby.
“We take heart that other organizations across the country have come out and backed us up on this.”
Further readings:
[https://www.canadianlawyermag.com/practice-areas/criminal/rule-of-law-is-a-cornerstone-of-democracy-marie-henein/365650](https://www.canadianlawyermag.com/practice-areas/criminal/rule-of-law-is-a-cornerstone-of-democracy-marie-henein/365650)
[https://www.theglobeandmail.com/canada/article-tdsb-students-wont-be-attending-marie-henein-book-club-event-amid/](https://www.theglobeandmail.com/canada/article-tdsb-students-wont-be-attending-marie-henein-book-club-event-amid/)
[https://www.cbc.ca/news/jian-ghomeshi-marie-henein-lawyer-interview-1.3510762](https://www.cbc.ca/news/jian-ghomeshi-marie-henein-lawyer-interview-1.3510762)
!ping Can&Law