Law Syrup: Crown and defence perspectives on the Hockey Canada case
The Law Syrup podcast, a co-production between Herman Wong and the Ontario Justice Education Network, features conversations with special guests on various topics in Canadian law. In its second season, the podcast tackles discussions on Gladue Courts, tenant rights in Ontario, careers in family law, teaching and learning law, and much more.
Two of the season highlights are the conversations with criminal defence lawyer Megan Savard and Crown Attorney Meaghan Cunningham. They offered insights into careers in law, criminal law, and the recent Hockey Canada trial from both the defence and Crown perspectives.
Nuanced discussions about working on sexual assault cases
During last year’s Summer Law Institute conference, Megan Savard sat down with OJEN staff, Jean-Paul Bevilacqua, for a recorded conversation. They spoke about Megan’s path into criminal law, the challenges she has faced, and the role of a defence counsel in protecting Charter rights. This discussion delved into the unique issues raised by the Hockey Canada case and reflected on the broader public conversation surrounding sexual assault trials in Canada.
In answer to an audience question about the difficulties of securing a conviction in a sexual assault case, Megan reflected:
“[…] often times what you have is this very grey area scenario. The reason why it’s difficult to get a conviction is because forensic reconstruction is impossible. So if the idea is how do we make it easier to get convictions when forensic construction is impossible, my answer would be we shouldn’t. No one should be going to jail on a shaky record, full stop. If the broader question is, how do we ensure we achieve justice? Then I think that’s an interesting conversation.”
Meanwhile, Herman and Meaghan Cunningham spoke about the pressures of working amid a highly publicized criminal trial, misconceptions about the role of a Crown attorney, what it really means to serve the public interest, and the possibilities and potential pitfalls of restorative justice approaches to cases involving sexual assault. Meaghan also considered how a prosecution can achieve public interest goals without depending on the outcome of the case.
Meaghan told Herman, “[…] because so many people were paying attention to what was happening in this case, it really sparked important conversations about what consent is, about how consent can and can’t be communicated, about how well our law is doing at understanding complex behaviour, about how victims of sexual violence are treated in the criminal justice system. So I think these are really important conversations for all of us as a society to be having.”
Educational use of the Law Syrup episodes
These two episodes are ideal for educational use to explore the pivotal roles of both Crown and defence in the criminal justice system, using the Hockey Canada trial as a case study. Listeners hear from established professionals who speak to what drew them to a career in law and their respective roles in prosecuting and mounting effective defences in criminal cases.
Stay tuned for upcoming accompanying resources for use in the classroom.
Listen to the episodes here:
A Conversation with Megan Savard
Spotify | Apple Podcasts | YouTube | RSS
The Role of the Crown (A Conversation with Meaghan Cunningham)
Spotify | Apple Podcasts | YouTube | RSS