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Brian Beresh

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More Tough Crimes

Foreword by Honourable Patrick LeSage “I have seen the effect of crime on many parts of the community; first and foremost the victims of crime and their families, but also police officers, medics, witnesses, court staff, the lawyers, the jurors and the judges and yes, even the families of the perpetrators. I have spoken to judges who previously unbeknownst to me had suffered deeply from the effects of a case or cases, be it the trauma flowing from the details of the crime, to the impact of having to view child pornography, to living in a smaller community where lawyers, judges and police find themselves always in the public eye, even outside the courtroom.”

PART I: Politics and Transborder Donald Bayne. “Mike Duffy: Trial By Media in a Post-Truth World.” “Moments before he went on television, Senator Duffy pleaded with PMO insider and confidante to the Prime Minister, Ray Novak, saying, ‘Ray, I did nothing wrong. If I take a dive for my leader when I am innocent, then I am totally at the mercy of the opposition.’ This plea fell on deaf PMO ears and insiders emailed one another with notes like, ‘I appreciate the work this team did on this. One down, two to go (and one out)’; ‘Yay this is fun’; and ‘Sweet’.”

Brian H. Greenspan. “The Eagle Has Landed: The Eagleson Transborder Resolution” “The public fervour against Alan Eagleson led by Russ Conway and his cadre of supporters, most vociferously Carl Brewer and Bobby Orr, had always been offset by a subdued and more private list of Eagleson loyalists and admirers including Bob Gainey, Bobby Clarke, Marcel Dionne, as well as a distinguished group of former politicians and judges. I had always felt confident that my list of All-Stars would eventually outperform and outlast their All-Stars. Following the announcement of the Canadian charges, Paul Kelly was inundated with demands for speedy justice. At the same time I was bombarded with protestations of Alan’s innocence and demands for his ultimate vindication.”

David Bright QC. “Justice Delayed: A Story of Complacency” “When MacIntosh was taken before the presiding Justice in India, he indicated that he was not contesting his return to Canada, but needed time to wind up his affairs. He had been living in India for many years and had a household of furnishings that required disposal, as well a duty to his employer to turn over the office to a successor. Indeed he was given time, but he was accompanied everywhere by armed Indian police. During the nights and non-business times, he was housed in the infamous Tihar Jail, which is a vast penal colony in Delhi. It is equipped to handle some 5,200 prisoners, however, at the time of MacIntosh’s incarceration, some 10,500 were housed there. Conditions were abhorrent. MacIntosh slept and sat on a wet, concrete floor, with a variety of other prisoners incarcerated for serious crimes. He had to purchase his own food. The so-called dormitory area was visited by rodents and vermin, and snakes were a common sight.”

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Tough Crimes

John Rosen on Defence of Paul Bernardo “Much has been written about the videotapes, the failure of the police to find them and the horrific nature of their contents. But nothing has ever been said about the impact of the tapes on the lawyers. After taking possession of the tapes, [Clayton] Ruby and I met at his home to view them for the first time. We played the VHS tapes so as not to damage the originals. We also fast-forwarded through most parts. Our intention was to get an understanding of what was depicted so we could assess my legal, professional and ethical obligations. “In truth though, the images depicted shook me to the core. At one point, I needed to stop and excuse myself for a few moments. The images were deeply disturbing and the implications were obvious. How was I going to defend this case in the face of these tapes? What would prevent the jury from coming over the boards at me for having the gall to advance any defence for this accused? Moreover, I am a father myself – what would my own family think of me? How was I going to survive a trial with my health and reputation intact? “I could have avoided my responsibilities by claiming I was a witness to the chain of custody of the tapes. But what would that have said about the twenty-five years of my life that, at that point in time, I had dedicated to the criminal law? After a moment’s hesitation, I decided to set aside my personal feelings and interests and get on with the job at hand.”

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