The president of the Ontario Crown Attorneys’ Association has expressed concern over what she perceives as unwarranted criticism directed towards the justice system in response to recent high-profile criminal cases. Donna Kellway, in a public letter, denounced the “attacks” launched by various entities, including politicians, media, and the public, labeling them as challenges to the rule of law.
Kellway emphasized that any form of assault on prosecutorial independence or discriminatory attacks on fundamental justice principles undermines the rule of law. She highlighted that personal assaults on prosecutors advocating for significant sentences amount to encroachments on prosecutorial independence and stressed that such attacks do not influence the decisions made by prosecutors.
The letter referenced the backlash faced by Crown prosecutors regarding sentencing proposals in the cases involving individuals associated with the “Freedom Convoy” protest and criticized gender-based comments targeting counsel in the recent Hockey Canada trial. Conservative MPs, led by party leader Pierre Poilievre, have openly criticized the Crown’s sentencing approach in the cases of Tamara Lich and Chris Barber, key organizers of the “Freedom Convoy.”
Lich and Barber, who are awaiting sentencing after being convicted of mischief, were at the center of the protest that paralyzed streets near Parliament Hill for over three weeks in early 2022. Poilievre questioned the fairness of seeking seven years of prison time for charges of mischief against Lich and Barber, highlighting the contrasting treatment of other offenders.
The deputy Conservative leader, Melissa Lantsman, echoed concerns about the perceived political nature of the Crown’s actions, emphasizing the importance of equal application of the law to restore trust in institutions. In response to Poilievre’s remarks, Lich’s lawyer Lawrence Greenspon acknowledged the sentiment but cautioned against blurring the lines between the legislative and judicial branches.
Kellway also addressed a Toronto Star opinion piece that questioned the representation of male defendants in the Hockey Canada trial by female lawyers. She reaffirmed the importance of gender neutrality in legal representation and safeguarding the core principles of the justice system. Kellway urged Canadians to defend the system’s independence amid growing political pressures, drawing parallels to challenges faced by the justice system in other countries.