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Law societies get bumpy ride at SCC hearing of Groia ‘incivility’ test case

Tuesday, November 07, 2017 @ 7:11 AM | By Cristin Schmitz

Legal regulators’ argument that they can discipline defence counsel who can’t demonstrate a “reasonable basis” for alleging prosecutorial misconduct in court was probed by Supreme Court judges concerned about chilling robust advocacy.

Thomas Curry, Lenczner SlaghtAt the Groia appeal argued in Ottawa Nov. 6, various tests were proposed — ranging from restrictive to expansive — by the two parties and more than a dozen interveners, including attorneys general, Canada’s major civil liberties and bar groups, for determining when zealous courtroom advocacy crosses the line into professional misconduct...