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Mark Brayford

Mark Brayford on Defending Robert Latimer

“Ultimately, when the Latimer case came before the Supreme Court the second time, it was held that misleading the jury so that they did not engage in jury nullification was not a reversible error. The Supreme Court affirmed the conviction and increased the sentence to life imprisonment with no parole for ten years. It seems that the Supreme Court must have viewed itself as speaking for the vulnerable, when one considers the manner in which they handled this appeal. It is the author’s view that they were tragically mistaken. We suggest the majority of Canadians were clearly supportive of the compromise achieved by the jury and Mr. Justice Noble, and it was with profound sadness by many that the law was viewed so inflexibly by the Supreme Court.”

Excerpt from Tough Crimes: True Cases by Top Canadian Criminal Lawyers
© Durance Vile Publications Ltd., 2014