A provincial prosecutors’ association has taken the rare step of issuing a public response to what it describes as attacks “on the independence of the prosecutorial system” and the “rule of law.”
The Ontario Crown Attorneys’ Association, , primarily targets recent remarks by Conservative politicians who criticized prosecutors for pursuing what they characterized as excessively harsh sentences in the “Freedom Convoy” case, suggesting that violent offenders often face lighter consequences.
“Personal attacks on Crowns seeking a significant sentence are nothing less than attacks on prosecutorial independence. These attacks do not — nor will they ever — drive the decisions made by our prosecutors,” OCAA president Donna Kellway said in a statement posted on the ÎÚÑ»´«Ã½-based organization’s website. It did not name the case, referring to it only as “a highly publicized prosecution.”
Last week, a sentencing hearing was held in Ottawa for Tamara Lich and Chris Barber. They were both found guilty of mischief this spring for their roles in organizing the winter 2022 protest near Parliament Hill that was initially against COVID-19 restrictions and mandates. The prosecution is seeking a prison sentence of seven years for Lich and eight years for Barber, arguing that lengthy sentences are justified because of the harm caused to the broader community during the three-week trucker blockade. The maximum sentence for mischief is 10 years imprisonment.
In 2023, the Ottawa People’s Commission, which held public hearings, issued a scathing report that concluded the protest was a “colossal” violation of residents’ rights, with many people experiencing violence, harassment and assaults. Residents said they felt abandoned by police and government while big-rig trucks gridlocked the streets for weeks.
Defence lawyers for Lich and Barber are seeking absolute discharges, leaving the pair with no criminal records. Lich has already spent 49 days in jail and has been under strict bail conditions for the last three-and-a-half years. Barber has also been on bail “without incident,” his lawyer said. The judge is scheduled to impose sentence on Oct. 7.
Conservative Leader Pierre Poilievre, who is looking to win a seat in Parliament in next month’s Alberta byelection, questioned the prosecution’s position on sentence, :
“Let’s get his straight: while rampant violent offenders are released hours after their most recent charges & antisemitic rioters vandalize businesses, terrorize daycare centres & block traffic without consequences, the Crown wants 7 years prison time for charge of mischief for Lich & Barber. How is this justice?”
Melissa Lantsman, a Tory MP representing Thornhill, that the Crown was engaging in “political vengeance not actual justice and it’s why trust in our institutions is dwindling,” while Andrew Lawton, , called the prosecution “excessive and vindictive.”
On Tuesday, the OCAA’s open letter explained that prosecutors are “independent” and “apolitical” — their responsibility is to act in the public interest and uphold the rule of law. The OCAA represents about 1,200 assistant Crown attorneys.
It went on to describe that a prosecutor’s job entails seeking “a legally available sentence that responds to the objective seriousness of the offence and the moral blameworthiness of the offender.” Sentencing submissions are based on applicable legislation, relevant sentencing principles, the facts of a case and the Constitution. The number of people impacted by an offence is also a proper consideration.
“The Crown advances legal arguments to pursue just sanctions in order to protect society and to contribute to respect for the law.”
Tuesday’s OCAA letter also denounced an unnamed columnist for what it called the “shaming of counsel based on their gender in the defence of individuals charged with certain offences.” After the Hockey Canada trial, Star columnist Heather Mallick questioned how female lawyers can represent men accused of sexual assault.
The Criminal Lawyers Association, which represents 1,800 defence lawyers, also condemning the Star column.
With files from Canadian Press
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