Case of ‘Rude’ Toronto Lawyer Headed to Supreme Court

Lawyers, by nature, are fighters. They’re combative. They’re modern day gladiators, and the courtroom is their arena. This makes sense, given that our criminal justice system is inherently adversarial. It’s one on one combat, minus the gloves and the octagon. So it can’t be too surprising to hear stories of overzealous lawyers defending their clients with fierce conviction and aplomb. Sometimes, however, lawyers forget that they’re actually in a courtroom, where decorum and civility are constantly promoted.

The case of Toronto lawyer Joe Groia, which is now headed to the Supreme Court of Canada, may finally establish a clear distinction between what is and what is not accepted behavior for a lawyer in a courtroom.

Some years ago, Groia was found guilty of incivility for displaying a “consistent pattern of rude, improper or disruptive conduct” in the courtroom during the early part of the trial of his client, former Bre-X Minerals executive John Felderhof. Since then, he’s waged a legal battle with his accusers, the discipline panel of Ontario’s legal regulator. To this day he still maintains that he was simply doing what any good lawyer would do, which is to be an ardent advocate for his client.

Some legal observers say it could be one of the most important Supreme Court rulings for defence lawyers in recent memory.