Few issues have garnered as much public scrutiny of the legal profession generally and the practice of criminal law in particular than those raised in R. v. Murray. However, in an area of practice that continually follows moral dilemma with ethical conundrum, the questions raised in the Murray decision are only the tip of the proverbial iceberg. Those engaged at the criminal bar, as defence counsel or as prosecutors, regularly face these perplexing ethical questions—questions ranging from client perjury to confidentiality—the outcome of which can affect not only their case but their career. Furthermore, those who are required to rule on these issues as judges, or to guide the behaviour of their colleagues from within the law societies, also face a formidable task in adjudicating appropriate professional conduct.
In Ethics and Canadian Criminal Law, Hon. Michel Proulx of the Quebec Court of Appeal, and criminal lawyer David Layton, provide a thoughtful survey of the most important ethical issues faced by criminal lawyers in Canada today. Each chapter provides a detailed discussion of a particular issue with both real and hypothetical examples, analyzes the case law involved, and suggests ways in which the issue may be handled. Among those issues covered, the authors include: handling incriminating evidence; client perjury; conflict of interest; the duty of confidentiality; plea discussions; defending a client known to be guilty; and termination of the client-lawyer relationship. Also included is a separate chapter on the duties of the prosecutor in criminal cases.

Hon. Mr Justice Michel Proulx (1939–2007) was a member of the Court of Appeal of Quebec from 1989 until 2004. Prior to his appointment, he had a distinguished litigation practice, mainly in criminal law, from 1963 to 1989. He also served as an adjunct professor of law at McGill University from 1967 to 1989. After leaving the bench, Michel was a partner at Davies Ward Phillips & Vineberg.

Michel Proulx's profile page

Award-winning writer DAVID LAYTON has had short fiction and articles published in literary journals, newspapers and magazines including Exile, The Daily Telegraph, Condé Nast Traveler and The Globe & Mail. He is the author of Motion Sickness, a memoir that was shortlisted for the Trillium Book Award, and the bestselling novel The Bird Factory. David Layton teaches creative writing at the University of Toronto and is the course director for Backstage IFOA, part of the Toronto International Festival of Authors program.

David Layton's profile page

• Winner, Walter Owen Book Prize