Poor Conduct During Trial
Defence counsel has a duty to their client to:
- raise issues, advance arguments and ask questions to help their client’s case; and
- try to obtain for their client every remedy and defence authorized by law.
However, this duty must be done:
- by fair and honourable means;
- without illegality; and
- in a way that follows the lawyer’s duty to be honest, fair, polite, and respectful to the court.
Defence counsel must not abuse or harass a witness. Abuse or harassment can include:
- inappropriate lines of questioning
- aggressive behaviour like raising their voice, being insulting or badgering the witness
See section 5.1-1, commentary [1] and section 5.1-2(m) of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
Sometimes these arguments or questions may seem distasteful. There are rules about how defence counsel must act in court, such as the ‘rape shield laws’ in sections 276–278 of the Criminal Code. The judge or justice handling the case is the best person to deal with any inappropriate behaviour or questions.
If you think defence counsel acted inappropriately during the trial, or kept acting inappropriately even after the judge stepped in, submit a complaint.