What is the impact of bad faith in the credibility of a defence lawyer?
Alberta, Canada
The following excerpt is from R v CJJ, 2015 ABQB 291 (CanLII):
The accused points to the decision of R v. Burlingham, 1995 CanLII 88 (SCC), [1995] 2 S.C.R. 206. In that decision, the court said (at page 227) that the right to counsel makes no sense if the authorities are able to undermine an accused’s confidence in his lawyer by belittling that lawyer. That case involved a plea bargain where the police offered the accused a deal which was only open for a short period of time when his lawyer was unavailable and where the police badgered him about the reliability of his lawyer.
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