Legal organizations outside Manitoba are slamming the Kinew government’s decision to oust an MLA from the NDP caucus because his former law firm partner represents convicted sex offender Peter Nygard.
The organizations, which include the Criminal Defence Advocacy Society in British Columbia and the Calgary Criminal Defence Lawyers Association, say the government needs to apologize to Mark Wasyliw.
“One might expect that a political party, whose leader is no stranger to the criminal justice system, might appreciate the importance of legal representation for all accused,” a Wednesday statement from BC’s Criminal Defence Advocacy Society reads.
MIKAELA MACKENZIE / FREE PRESS FILES
Law organizations across the country are crticizing Manitoba Premier Wab Kinew’s government for kicking MLA Mark Wasyliw out of the NDP caucus because his former law firm partner is representing convicted sex offender Peter Nygard.
“Not only is this a constitutionally enshrined right, but it is one that Premier (Wab) Kinew seems to have benefited from a great deal before his own rehabilitation and rise to political leadership.
“Hypocrisy aside, this decision sends a chilling message to all Canadians and their lawyers… the Manitoba NDP’s decision is another sad example of a party focusing on optics, not justice.”
Kinew received a pardon for convictions related to impaired driving and assault of a taxi driver more than two decades ago. Additional assault charges against Kinew involving his common-law wife were stayed in 2004.
The association also took aim at some of the wording on the original NDP caucus news release, which has enraged lawyers in Manitoba and elsewhere.
The statement, released on Monday by NDP caucus chairman Mike Moyes, stated the decision to oust Wasyliw from caucus was after it “learned that MLA Wasyliw’s business partner is acting as Peter Nygard’s criminal defence lawyer.
“MLA Wasyliw’s failure to demonstrate good judgment does not align with our caucus principles of mutual respect and trust.”
The Criminal Defence Advocacy Society said it “encourages the Manitoba NDP to reconsider its decision and offer an unequivocal apology to Mr. Wasyliw and to its constituents.
“Only then can we truly talk about “mutual respect and trust.”
The Calgary Criminal Defence Lawyers Association went further and said Kinew should not only apologize to Wasyliw, he should allow him back into the NDP caucus.
“Criminal defence lawyers deserve the respect of Wab Kinew for our role in maintaining justice and freedom,” the organization said in a statement.
“As leader of a party, that claims to fight for equality, Wab Kinew should support people who take on that fight every day in our criminal courts. Taking on unpopular clients is part of the important work done by criminal defence lawyers, as is encouraging empathy when people make mistakes.
“Wab Kinew made a mistake. He can rectify it by apologizing and reinstating Mark Wasyliw immediately.”
Paul Moreau, president of the Criminal Trial Lawyers Association in Edmonton, put out a statement saying there is a long history of politicians acting as defence counsel, including prime ministers Sir Wilfred Laurier and John Diefenbaker.
“We sincerely hope that the values of the Manitoba NDP will continue to include cherishing the right to counsel, guaranteed by the Charter of Rights,” said the statement.
“Defence counsel work daily to prevent wrongful convictions, to counteract systemic racism, and to advocate for the disadvantaged. This is noble work and is critically important work.
“Criminal defence lawyers deserve the respect of Wab Kinew for our role in maintaining justice and freedom.”–The Calgary Criminal Defence Lawyers Association
“Premier Kinew should understand that. Prime Ministers Diefenbaker and Laurier did.”
Moyes was asked repeatedly during a Wednesday news conference if he would apologize to lawyers, including Nygard attorney Gerri Wiebe.
“We understand the justice system, and that everyone deserves a defence,” said Moyes.
“It was not meant to be anything against any lawyer, or any type of profession like that, however, we have a job to do and this is not a part-time job … he was not willing to leave his law practice and instead he has been removed from caucus.
“Ultimately, that was the choice. You can be associated with Peter Nygard, a convicted criminal and sexual predator, or you can be in caucus. I still stand by the fact that does not align with those values.”
Asked for comment, Justice Minister Matt Wiebe instead sent a statement saying “as Attorney General, I am privileged to work on behalf of Manitobans to ensure a fair and just legal system, including respecting and upholding the role of defence lawyers.
“Every person in Manitoba has the right to a rigorous defence, but we expect caucus members to be focused on their MLA duties rather than their legal practice.”
The lawyer representing Nygard called the government’s statements disappointing.
“Instead of demonstrating that courage, they just doubled down on a bad position and I am just utterly disappointed,” said Gerri Wiebe, noting she voted for the NDP.
“Had I known that within a year they would make association with me a cause for dismissal, I would rethink that vote. Also, I would like my donations back.”
Chris Gamby, of the Criminal Defence Lawyers Association of Manitoba, said the government still has to understand the role defence lawyers play in the criminal justice system.
“Some more clarification and an apology for how they approached this is what we are hoping for,” said Gamby.
“We take heart that other organizations across the country have come out and backed us up on this.”
kevin.rollason@freepress.mb.ca
Kevin Rollason
Reporter
Kevin Rollason is a general assignment reporter at the Free Press. He graduated from Western University with a Masters of Journalism in 1985 and worked at the Winnipeg Sun until 1988, when he joined the Free Press. He has served as the Free Press’s city hall and law courts reporter and has won several awards, including a National Newspaper Award. Read more about Kevin.
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