Ousting an MLA for defending the accused undermines the very system that protects us
Criminal defence lawyers, whether you like us or not, are crucial to our justice system. We’re the line of defence between the state's immense, often terrifying power and, well, your basic human rights. Without us, the whole idea of “equality under the law” would be about as real as Bigfoot or a “progressive” Conservative.
We defend the innocent, the misunderstood, and sometimes even the guilty because everyone deserves a fair shot. We’re the ones standing up to racial profiling, police corruption, and government overreach when everyone else is too busy binge-watching the latest season of whatever true-crime documentary just dropped on Netflix.
This is probably why defence lawyers are the only ones mentioned in Canada’s Constitution. When you get arrested, you’re not calling your real-estate lawyer, right?
But apparently, Manitoba Premier Wab Kinew thinks these qualities make defence lawyers persona non grata in the NDP. Earlier this month, Kinew booted MLA Mark Wasyliw from the Manitoba NDP caucus because Wasyliw’s law firm dared to represent Peter Nygard, who was accused and later found guilty of sexual offences.
“You can be affiliated with the NDP, or you can be affiliated with Peter Nygard, but you can’t do both,” Kinew told CTV News, presumably while forgetting that his job isn't to play guilt by association virtue signalling.
Now, here’s the thing: lawyers are not their clients. If that were true, every real estate lawyer would be a landlord, and every divorce lawyer would be single. But they’re not – well, okay, many of them probably are, but you get the point. Defence lawyers are there to defend people who are presumed innocent. And even when someone’s guilt is clear, it’s our job to ensure the legal process is fair and appropriate.
Kinew, of all people, should know this. Remember when he pleaded guilty to refusing a breath demand, assaulting a cabbie, and violating bail by treating a court-imposed curfew like it was a suggestion? Guess who stood beside him when he was sentenced to a $1,400 kiss? Yup, a defence lawyer. You’re welcome, Wab.
Now, to be fair, there are times when lawyers can get a bit too cozy with their clients. If you’re throwing fundraisers with them, going on podcasts together, or signing autographs for their supporters like you’re their hype person, then yeah, you might believe what your client believes. But there’s no evidence Wasyliw did any of that.
In fact, the very next day, Kinew backtracked, saying Wasyliw was given a choice: ditch his job at the law firm representing Nygard or leave the caucus. “You have a right to a defence attorney,” Kinew told reporters, “But you don’t have the right to be defended by an MLA.” Fair point. If you’re an MLA, maybe don’t have a side hustle. A moonlighting oil executive, hedge fund manager, or police officer probably shouldn’t hold elected office.
Then the NDP offered yet another reason for Wasyliw’s expulsion, claiming his employment was “the straw that broke the camel's back.” The real reason? According to NDP caucus chair Mike Moyes, Wasyliw had been, and I’m paraphrasing here, “kind of a jerk.” Multiple incidents of disrespect, not following the process – the usual vague internal political mudslinging.
So, was Wasyliw’s work as a defence lawyer the problem, or was it just the most convenient excuse available? Either way, this whole mess undermines a criminal justice system already walking the razor’s edge. Let’s not forget: Defence lawyers are out here trying to do more with less. Funding for legal aid? Slashed. The defence bar? Poached by well-funded Crown offices. Administrative work? Dumped on us like we’ve got nothing better to do.
So, while the Conservatives are off playing their usual misleading game of everything in the justice system being broken, the NDP has joined the fun by demonizing the very people who keep our rights intact. This kind of short-sighted, knee-jerk politicking makes you wonder if anyone’s read the Constitution they’re sworn to uphold.
Remember what Shakespeare’s Dick the Butcher said: “The first thing we do, let’s kill all the lawyers.” It wasn’t because he hated them; it was because lawyers are the ones who stand in the way of tyranny.
So yeah, go ahead and kill all the lawyers. But don’t be surprised when there’s no one left to defend you when you’re accused of violating your bail and drunkenly assaulting a cabbie.
