Ministry of Attorney General Conflict of Interest 2

I needed a lawyer to help me on April 10,2012. So I called Alex Toffoli, although I knew I couldn't really trust any Sudbury lawyers to handle
any serious legal matter. I only needed a lawyer to remand me until at
which time I could get a trustable lawyer.

The following day, on April 11, 2012 Alex Toffoli did showed up in
Bail Court and remanded me so that I could try to find a lawyer to
help me. Like he said he would. But this was not before, Alex told
the Court his reasons why he couldn't represent me.

Below is a copy of a page in the a Court Transcript of April 11, 2012
in which I want to draw your attention to what Alex Toffoli stated
that day circled in RED.

"That Alex Toffoli is friends with the Crown Attorney Susan Stothart
  personally and that he has dealing with the Sudbury Crown office for
  decades now and that it's a Conflict of Interest for Alex Toffoli thus to
  represent me against the Crown because of it."

So therefore, since it was a Conflict of Interest for Alex Toffoli to represent
me because Alex Toffoli and Susan Stothart are personal friends.

Then surely, it's a Conflict of Interest for them to conduct trials on
supposed adversarial roles when Susan Stothart is the Crown Attorney
and Alex Toffoli is the defence lawyer.

On page 12 of 159 of Rules of Professional Conduct it states:

"Conflict of Interest" means the existence of a substantial risk that a
lawyer's loyalty to or the representation of a client would be materially
and adversely affected by the lawyer's own interest or the lawyer's duties
to another client, a former client or a third person. The risk must be more
than a mere possibility, there must be a genuine, serious risk to the duty
of loyalty or the client representation arising from the retainer."

Would a reasonable person think they received a a fair trial if they found
out that Susan Stothart and Alex Toffoli are personal friends? I know I
wouldn't be too happy if I was sitting in jail and found that out they
playing golf, doing lunch or something else together. Would you?

They are both lawyers and should be working within the
Rules of Professional Conduct.

The problem with that is:

I know of at least 4 trials of where Susan Stothart and Alex Toffoli
were involved. I bet there's many more.

Here's those 4 cases now:

18-year-old has violent temper

Family faces attacker

Sudbury man going to jail for writing bad cheques

Term-breaker gets 90 days

In order to be a valid guilty plea the accused must be informed, and therefore
have sufficient information about the charge to make an informed decision
about the plea. This includes correct information about matters critical to
the defence.

Case Law: Thus, where the disclosure critical to a Charter challenge was miscommunicated to the accused to the point where the accused erroneously thought that he had no viable challenge to the legality of his arrest, his guilty plea was overturned in the Court of Appeal and a new trial ordered: Henry,(2011), 2011 ON CA 289, 2011 Carswell Ont 2467, [2011] a.J. No.1697 (Ont.C.A.).

Case Law: An accused is entitled to have the assistance of counsel in making full answer and defence and where counsel represents two accused at the same conspiracy trial, the resulting conflict of interest deprived the accused of independent,loyal counsel and breached s.7: Silvini (1991), 68 C.C.C. (3d)
251 (ant.C.A.).

Case Law: Where the Crown failed to provide full disclosure prior to the accused pleading guilty, the guilty plea may be struck on appeal. Thus where the accused had a trial and was convicted of murder, had the conviction overturned on appeal, and then pleaded guilty to manslaughter prior to the second trial but later discovered that important evidence had never been disclosed, the manslaughter conviction was quashed on appeal: Taillefer, [2003] S.C.J. No. 75, 2003 CarswellQue 2765, 2003 CarwellQue 2766, 2003 SCC 70.

It is for this that I believe anyone tried by Crown Attorney Susan Stohart
while having Alex Toffoli as Defense counsel to be an exercise impropriety. Since the two mentioned lawyers acting in a trial together would give rise
to an apparent conflict of interest. One of them should have disaqualified themselves from any involvement. These two parties acting in concert in
any trial matter is also gross miscarriage of justice among other things.
I also say the onus is more so with the Crown Attorney to not be involved
in such things to avoid this from happening at all.

Until then, I had some respect for Alex Toffoli which is why I called him.
Now I don't have any respect for him.

If anyone of you have any concerns to what is written on this Web page.

Contact me as I have nothing to hide.