cases & news

Then again, there are some cases which just naturally call out to be publicised, if only as illustrations of just how wrong the system can go. I often think about the acquittal in 1999 of an innocent man, Jason Hill, on what was once called a series of bank robberies. He was acquitted on the trial I did for him, but had been previously convicted in a first trial overturned on appeal only after he had spent more than 20 months in jail. After the eventual acquittal, he went all the way to the Supreme Court of Canada, with the representation of expert civil counsel (not myself), causing the highest court to recognise for the first time in 2007 that police can be sued for negligent investigation. Are you surprised that you could not sue police for such a thing before 2007? Everyone in Canada could reasonably say thank you to Mr. Hill.

I say that Mr. Hill had courage because there are certainly other clients who could have kept on fighting after we demonstrated through the criminal process just how seriously and needlessly they were violated by the police and the justice system. But I certainly cannot blame them for letting sleeping dogs lie, so to speak.

Beyond the mainstream media, cases can also become publicised in various Law Reports that are generally viewed only by lawyers and other justice system members. Even then, for every reported case there are countless unreported matters which never attract even enough attention for the law reports.