Ethics and Canadian Criminal Law

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Irwin Law, 2001 - Law - 739 pages
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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.

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Canadian Writings
F A Comparative Approach

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About the author (2001)

Hon. Mr. Justice Michel Proulx was a member of the Court of Appeal of Quebec from 1989. 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.

David Layton was gold medallist at Dalhousie Law School in 1987 and obtained a graduate degree in law from Oxford University in 1989. He subsequently clerked for the late Chief Justice Brian Dickson at the Supreme Court of Canada. He has written extensively on legal matters in a wide variety of publications, and currently practises criminal and civil litigation in Vancouver.

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