The Nova Scotia branch of the national Canadian Bar Association is condemning some of the emotionally-charged comments and commentary that have been voiced against judge Gregory Lenehan.
Debate and complaints made in the proper channels are important features of the justice system that can lead to positive change, writes CBA-NS executive director Tina Tucker in a press release sent out Thursday, so long as those are done in a civilized manner.
“Commentary, analysis and even criticisms of judicial decisions and our justice system must be respectful, regardless of the forum in which they are taking place,” Tucker writes. “Vitriol, name-calling and personal attacks directed at anyone, including a sitting judge, are unacceptable.”
Lenehan’s acquittal of sexual assault charges against taxi driver Bassam Al-Rawi has drawn strong, vocal outrage online and in the media since it was first reported last week by Metro‘s Haley Ryan.
Political figures and members of the public came together twice this week in Grand Parade to protest the judge’s remarks, and an online petition calling a formal inquiry now has over 36,000 signatures.
The CBA’s statements echo those already made by the Nova Scotia Criminal Defence Lawyers Association, which on Monday published a letter supporting Lenehan’s character and saying he is “the type of person that any reasonable, informed member of the public should want as a judge.”
The Crown has meanwhile already launched a formal appeal of the Al-Rawi verdict just six days into its 30-day limit, stating in a release that Lenehan made numerous judicial errors in his judgement. The decision also drew harsh words from premier Stephen McNeil, who said in an interview with TC Media that he was angry “with the system.”
The Canadian Bar Association represents some 36,000 lawyers, judges, legal professionals and law students all across Canada. The organization has also released a podcast this week, “Not Just a Bystander,” which deals with the legal implications of sexual harassment and sexual assault.
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A strong defence
This article appears in Mar 9-15, 2017.
The question becomes: Why has the Crown has filed an appeal within a short period of time before one would be legally due? Not that they can’t – but they have acted so quickly, which is unprecedented. Seems odd…
the poor wittle babies got their fweelings hurt
I agree with the bar association. I think people suffering from chronic cognitive dissonance should be sitting in front of a doctor, not a computer screen.
It is certainly true that many vehemently disagree with Judge Lenahan’s decision. However, there is nothing inherently sexist in his wording of the decision.
“do it again”…well no…there isn’t. That’s because he isn’t sexist. If people were to read the decision I think they would very quickly wonder why the public (mostly Social Justice Warriors who invade every facet of media and are the only ones who can be heard) are so upset about the judge. His ruling and wording certainly wouldn’t match the “public” response.
The thing is, I believe that cabbie probably did assault her (based on his history). However what I believe, doesn’t hold water in court. In court you need PROOF. Unfortunately, there is this matter of he said, she said. Perhaps she did consent, perhaps she didn’t. I don’t know, and neither does Lenehan. As he has said (however ineloquently) a drunk person can consent. If she was too drunk to recall details, than her testimony is flawed. Sorry.
In another perspective, a person with an Arab name was acquitted. That’s a (depressing) victory for law and order over hearsay and prejudice. I wish I had a better response but we just can’t convict of crimes because we are angry.
I love it when people think witty retorts will change public policy or in this case, the basic tenets of law. And even funnier is that they don’t realize how foolish they look, making uninformed comments and suggestions.