Civility and mutual respect are cornerstone values of the Canadian bench and bar.  

The Criminal Lawyers’ Association is shocked by the recent events in Red Deer, Alberta, where a member of the local defence bar was jailed for comments made in court, after Justice Gordon Yake of the Alberta Court of Justice ordered the court sheriff to “take him away”. The president of the Edmonton Criminal Trial Lawyers’ Association has described Justice Yake’s conduct as “injudicious”. Having reviewed the transcript of those proceedings, we completely agree. 

The extraordinary judicial power to detain a member of the bar in custody for their conduct in the courtroom should only be used in the most egregious of circumstances – which this clearly was not. Indeed, as Justice Yake himself acknowledged, a Judge must seek to diffuse tense moments in a trial, and not do anything to elevate tensions further, and that, on reflection, he should have handled the situation differently and not raised the possibility of jailing counsel in this case. 

As defence lawyers, courtrooms are our workplace. A hostile court system is a hostile work environment. At a time when we are acutely concerned about the retention of counsel in the system – particularly of women, racialized lawyers and aboriginal lawyers – inappropriate use of a Judge’s powers over counsel who appear in their court has a profound, nation-wide effect on the relationship between the bench and the defence bar. Lawyers should not be afraid that an exchange with a Judge in court could land them in a jail cell, without any due process.  

We urge all members of the bench and bar to use this event as a moment of reflection on the indispensable role of defence counsel in the court system, and to move forward in the spirit of civility and mutual respect that represent the core values and true spirit of the Canadian legal profession.

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