The fourth installment in what is arguably the most unique and compelling true crime series available today.
From the perspective of a non-lawyer (as this author is), this book is compelling for two reasons. First, each chapter is written by a lawyer or judge, with direct involvement in each case. Unlike other true crime books, which are typically written by criminologists or journalists, this book provides the reader with an inside account of working within the criminal justice system. It goes beyond the more routine accounts of trial proceedings and courtroom dramas that maybe considered typical of this genre.
But before the reader gets too hesitant, each author does a wonderful job making the book accessible to the lay person. By removing the legalese, the authors have ensured that one need not possess a law degree to comprehend the legal details. This is, in my opinion, the main strength of the book. This book’s accessibility helps close the gap between the criminal justice system and civil society.
Second, all the authors are women. At first glance, this may not seem all that unique. But one should consider that, until recently, the criminal bar was dominated by men. To have a collection where women recall their more haunting or fascinating cases is not simply about ensuring equal voice, rather it reflects the significant demographic change within the profession as a whole. As C.D. Evans, Q.C., wrote in his second memoir, A Less Painful Duty, the increase in women at the criminal bar over his forty-year career was “the most significant revolutionary transformation of [the legal] profession.”
Looking at Kaysi Fagan’s biography, it would not be a mistake to think, “Wow, that’s an impressive resume for someone in their fifties.” However, you would be wrong. Ms. Fagan is actually in her thirties. She practices in Calgary at a boutique criminal defence firm – the family business of sorts – with her father, Patrick Fagan, Q.C. and brother, Sean Fagan. She writes about a case that coincidentally was decided by the Provincial Court of Alberta only days before she was asked to contribute to this book. Pearl Sanders, a seventy-year old grandmother, was charged with trafficking in half a million dollars’ worth of, as Ms. Fagan writes, “high quality B.C. Bud.” Without launching into the details nor the outcome (you will have to read it), this chapter is a great example of the author weaving together both the emotions of herself and her client with the quest for “justice”.
Deborah Hatch, a capable Edmonton criminal defence lawyer, recalls her interactions with Legal Aid while helping her young client, Wendy Scott, appeal a murder conviction. Convicted of second-degree following a guilty plea, Ms. Scott was facing life in prison with no eligibility of parole for ten years. There were several concerns with the evidence and the guilty plea, as well as Ms. Scott’s addiction and mental health issues. The lawyer that represented her at the sentencing hearing expressed apprehension about the possibility of success on appeal. Ms. Hatch explains that Legal Aid will not fund an appeal unless there is a better than good chance of success. Not only was Ms. Hatch fighting for her client’s freedom, but she was also fighting for a fundamental right within our system – access to justice.
The rest of the book covers topics ranging from aboriginal issues to terrorism to murder to drug offences to legal aid. The authors, from coast to coast to coast, combine the legal details and significance of each case with the emotional and mental toll experienced by those who experience the criminal justice system. The Honourable Susan Lang discusses the place of forensic science within the criminal justice system, the Honourable Nancy Morrison considers the long-term damages of sexual assault on a child victim, the Honourable Lise Maisonneuve examines the changing role of women in the profession, the Honourable Danielle Côté recalls questioning her conviction of a man who subsequently committed suicide, and the Honourable Iona Jaffe’s describes her involvement in the prosecution of the Toronto 18.
Senator Kim Pate examines Aboriginal women and the discrimination they face with the justice system, Jennifer Briscoe’s recalls tales of justice north of 60º where respect for cultural sensitivities is as important as the rule of law, Catherine Dunn details the case of an Aboriginal woman who was a victim of domestic violence and was charged with failing to provide medical assistance to her dying infant, Karen Hudson assesses the many ways in which the justice system is improving for the disadvantaged in Nova Scotia, Barbara Jackman examines the politicization of security certificates and details the unfairness of the process in the case of Mahmoud Jaballah,
Lucie Joncas identifies the need for increased awareness of mental health issues within the criminal justice system, Susan Kyle take a unique approach to describe the mothers as Crowns, Jill Presser details balancing the importance of defending accused persons with her equally important duties as a single mother, Rosellen Sullivan describes the terrible effects of a child being wrongly accused of sexual assault, and, lastly, Jennifer Trehearne recalls a bail hearing early in her career where the accused suffered from mental illness.
After reading this book, one should come to the conclusion that justice is not black and white nor good versus evil. Rather, justice seems to be a fluid concept of ever-changing circumstances and decisions that affect the lives of the victims and accused, lawyers and judges, as well as the many others who work in the criminal justice system.
One can walk in to any local bookstore and find a number of titles considered true crime, but this series from Durvile Publications remains unique. And, their latest volume is an outstanding contribution.
Please note, author royalties will be donated to the NWT Literacy Council to establish Indigenous youth writers’ workshops.
