Supreme Court of Canada on Civility in the Courtroom

The Court just released its decision on Groia v. The Law Society of Upper Canada, 2018 SCC 27, clarifying the test for when a lawyer’s conduct in the courtroom becomes professional misconduct.

In a 6-3 decision authored by Justice  Moldaver, the Court laid out the framework under which lawyers can provide a vigorous defence of their clients. While the Court agreed the law society’s appeal panel adopted the correct test for a finding of professional misconduct, they disagreed with the application.

Since this decision was just released on June 1st, there will be more commentary to come. Keep checking CanLII Connects for more news.

Additional Commentary: 

The Lawyers Daily: SCC rules Groia not guilty, sets test for when lawyers’ incivility in court becomes professional misconduct

Supreme Advocacy

Slaw: “A Trial is not a Tea Party,” is What They will Say by Omar Ha-Redeye

 

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