Logo
Skip to main content
insight banner image

Criminal Trials are not Championship Sporting Events

December 7, 2021
3 min read
Article
  • Contact
  • Careers
  • Students
Search

Navigation Menu

  • People
    • People
  • Practice Areas
    • Practice Areas
      • Banking & Finance
        • Banks & Financial Institutions
        • Financing
        • Securities Law
      • Business & Corporate
        • Corporate Law & Governance
        • Intellectual Property & Information Technology
        • Manufacturers, Distributors & Franchisors
        • Mergers & Acquisitions, Business Transactions
        • Tax Law
      • Construction Law
        • Builders' Liens & Bond Claims
        • Construction Litigation & Arbitrations
        • Tendering & Procurement
      • Criminal & Regulatory Defence
      • Estate Planning
        • Estate Administration
        • Guardianship
        • Trusts
        • Wills, Powers of Attorney and Health Care Directives
      • Environmental & Natural Resources
        • Energy & Mining
        • Environmental Law
      • Family Law
      • Health Care
      • Immigration Law
      • Insolvency & Restructuring
      • Insurance Law
      • Labour & Employment
      • Litigation, Dispute Resolution & Appeals
        • Appellate Advocacy
        • Civil Litigation
        • Class Action Litigation
        • Commercial Litigation & Arbitrations
        • Estate Litigation
      • Malpractice in Health Care
      • Municipal Law
      • Professional Discipline
      • Real Estate & Development
        • Commercial Real Estate & Development
        • Leases, Landlords & Tenants
        • Residential Real Estate & Conveyancing
      • Regulatory & Administrative Law
        • Administrative Law
  • About the Firm
    • About the Firm
      • History
        McDougall Gauley has a rich history and traces its roots as a Saskatchewan law firm as far back as 1891.
      • Awards & Recognition
        Our lawyers are recognized across the firm’s practice areas. The firm was named a top Prairie Regional Firms by Canadian Lawyer Magazine and is a top Saskatchewan employer.
      • Careers
        To offer the high standard of legal services our clients expect, our team is made up of talented, creative people. If you think you would make a great fit, please let us know.
      • Students
        We want students with drive, integrity, and attention to detail. We strive to give you knowledge, guidance, mentorship, and experience to develop your legal career with us.
      • Contact
  • Insights
    • Insights
  • News
    • News
  • People
  • Practice Areas
    • Banking & Finance
      • Banks & Financial Institutions
      • Financing
      • Securities Law
    • Business & Corporate
      • Corporate Law & Governance
      • Intellectual Property & Information Technology
      • Manufacturers, Distributors & Franchisors
      • Mergers & Acquisitions, Business Transactions
      • Tax Law
    • Construction Law
      • Builders' Liens & Bond Claims
      • Construction Litigation & Arbitrations
      • Tendering & Procurement
    • Criminal & Regulatory Defence
    • Estate Planning
      • Estate Administration
      • Guardianship
      • Trusts
      • Wills, Powers of Attorney and Health Care Directives
    • Environmental & Natural Resources
      • Energy & Mining
      • Environmental Law
    • Family Law
    • Health Care
    • Immigration Law
    • Insolvency & Restructuring
    • Insurance Law
    • Labour & Employment
    • Litigation, Dispute Resolution & Appeals
      • Appellate Advocacy
      • Civil Litigation
      • Class Action Litigation
      • Commercial Litigation & Arbitrations
      • Estate Litigation
    • Malpractice in Health Care
    • Municipal Law
    • Professional Discipline
    • Real Estate & Development
      • Commercial Real Estate & Development
      • Leases, Landlords & Tenants
      • Residential Real Estate & Conveyancing
    • Regulatory & Administrative Law
      • Administrative Law
  • About the Firm
    • History
    • Awards & Recognition
    • Careers
    • Students
    • Contact
  • Insights
  • News
  • Contact
  • Careers
  • Students
  1. Home
  2. Insights
  3. Criminal Trials are not Championship Sporting Events
Share
Content

We can all think of examples, whether at home or abroad, of high profile criminal trials that generate significant public and media interest. Often, it appears that strong opinions are formed about the matter long before the details of what happened are known and long before the evidence is assessed at trial. Rather, positions are taken much earlier after an attention-grabbing news story or social media post. People are seemingly encouraged from that point forward to choose one corner or the other. They are to cheer on their side to victory while the facts remain largely unknown and the evidence remains untested.

This approach is problematic because criminal trials are not championship sporting events and should not be treated as such. While in sports, there is no apology necessary for rooting for your team to win no matter the cost, and despite any irregularities in the process. For example, if the Saskatchewan Roughriders happen to make the Grey Cup this year, and in that game they are the beneficiaries of a missed pass interference call by the referees that results in the Riders getting the winning touchdown, very few (if any) in Rider Nation are going to spend much time worrying about it. Instead, we are going to celebrate the victory as we should! It is the result that we, as fans, were seeking from the beginning and deserve.

While there is no real harm done by taking that approach with a sporting event, the same cannot be said for a criminal trial. Canada’s criminal justice system is the envy of many other countries in the world. This is not because of the result in any particular case, but rather for the substantial safeguards that remain in place to protect the procedure, which ensures the fairness of the proceeding. It is the process that is the key, not the result. If a particular result, whether an acquittal or conviction, was reached based on an error in the decision, it is problematic as it means that the integrity of the process could have been jeopardized. Fortunately, we have appeal Courts available to correct those errors.

To society at large, the success or failure of a criminal trial should not be determined by the resulting conviction or acquittal, but rather whether or not we can state that the accused received a fair hearing before an independent Judge or jury, and whether the result arose from a decision that was rendered after a determination of the facts based on the evidence presented in court. If sufficient evidence is provided to secure a conviction without procedural missteps or legal errors, we as a society have decided that guilt must be found and that a sentence must be imposed. If insufficient evidence is presented to prove an offence, or if an accused does not receive a fair trial, we as a society have decided it is not in our collective interests to convict that person. The high threshold needed for a conviction and the requirement of a fair trial are for all of our benefit. The results of a particular high-profile case pale in comparison.

The next time you see a report in the news about a high profile criminal trial, we would encourage you to read the Judge’s written decision in the matter to facilitate an understanding of the case itself as well as our judicial system. These decisions are usually thorough. They typically provide an in-depth summary of the evidence presented at the trial, a discussion of the applicable law and how it applies to the evidence. The Judge will then provide his or her reasoning in arriving at his or her decision.

In criminal trials, the evidence and facts found by the judge matter. A lot. Until the trial, we don’t know what evidence will be presented and what facts will be found. We should exercise some caution and humility before forming a strong opinion on any matter before it has been decided.

The views expressed herein are solely the author's and should not be attributed to the MG LLP or its clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Due to professional ethics, the author may not be able to comment on matters in which a client has an interest. Nothing herein should be used as a substitute for the advice of competent and informed counsel.

This web site/blog is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and MG LLP. If you are seeking specific advice related to your situation, please contact MG LLP for a personal consultation.

Any unsolicited information sent to MG LLP through blogs or otherwise may not be protected by solicitor-client privilege.

MG LLP periodically provides materials on our services and developments in the law to interested persons. For permission to reprint articles or blogs, please contact marketing@mcdougallgauley.com.

This publication is protected by copyright.
© 2023 McDougall Gauley

Related Practice Areas
Criminal & Regulatory Defence

Footer

Footer Menu

Practice Areas
  • Banking & Finance
  • Business & Corporate
  • Construction Law
  • Criminal & Regulatory Defence
  • Estate Planning
  • Environmental & Natural Resources
  • Family Law
  • Health Care
  • Immigration Law
  • Insolvency & Restructuring
  • Insurance Law
  • Labour & Employment
  • Litigation, Dispute Resolution & Appeals
  • Malpractice in Health Care
  • Municipal Law
  • Professional Discipline
  • Real Estate & Development
  • Regulatory & Administrative Law
About the Firm
  • History
  • Awards & Recognition
  • Careers
  • Students
  • Contact
  • Insights
  • News
  • People
  • Saskatoon
    500 - 616 Main Street, Saskatoon SK S7H 0J6
    T (306) 653-1212
    F (306) 652-1323

    Regina
    1500 - 1881 Scarth Street, Regina SK S4P 4K9
    T (306) 757-1641
    F (306) 359-0785

© Copyright 2023 McDougall Gauley LLP.  All rights reserved.

Tertiary Menu

  • Terms of Use
  • Privacy Policy

Social Media Menu

Cautionary note: If you are not presently a client of McDougall Gauley LLP, any information you communicate in your email is not protected by lawyer/client confidentiality, nor is a lawyer/client relationship established by our receipt of this email. Before we can discuss your matter, we must ensure that we do not have a conflict of interest. Please do not send us any confidential information in your e-mail.

I Understand