Can defence lawyers be special advocates?

posted on March 12, 2008 | in Category Security Certificates | PermaLink

By Andrew Duffy, Canwest News Service Source: The Ottawa Citizen URL: N/A Date: March 11, 2008 Defence lawyers shouldn't be advocates in terrorist case

OTTAWA - The already secretive security certificate process is about to add a new layer of confidentiality. Later this month, a classified hearing is to be held in Federal Court to determine whether two defence lawyers can act as special advocates in future private hearings on behalf of their clients. The hearing, which will include the participation of a yet-to-be-named special advocate, comes at the request of government lawyers who told a case-management conference Tuesday that lawyers Paul Copeland and John Norris should not be allowed to act as special advocates. Special advocates were created by the government's new security certificate law, which seeks to improve upon the original one struck down last year by the Supreme Court. Federal lawyer Donald MacIntosh said the government believes the lawyers would be in a conflict-of-interest position if they take on the new roles.

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