Law Librarian Charge & Rumours
As noted by þΛųL jØŋαŦhΛŋ in the comments of a previous post, Osgoode Hall's student newspaper recently published an editorial on Nick Pengelley being charged with luring a child. I completely agree with the editors of this publication and I am very glad to see that they choose the high moral road.
I thought it important to remind my fellow students - and in turn obrain their help in remindng others - about the "golden thread" of the criminal justice system that we all learn about in first year: the presumption of innocence.If you are in a Canadian law school, or a practicing lawyer, you have probably already heard umpteen rumours swirling about the facts of this case. I can confirm that Eddie Greenspan's firm has agreed to represent Mr. Pengelley. Beyond that, I would add my voice to the editors of Obiter Dicta and caution readers not to judge too quickly.
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I would direct your readers to also consider the response written in this week's issue of the Obiter Dicta by Chris Armstrong. Chris was largely in agreement with Paul's original article, but pointed out another key element of criminal law theory, which Paul failed to mention. He wrote:
"In his excellent editorial in the same issue, Paul Jonathan Saguil reminded the Osgoode community of the importance of the presumption of innocence. Perhaps he might also have reminded the community
of another cornerstone of the criminal justice system: openness. The criminal process is premised on transparency and the full disclosure of allegations and evidence to the public. Accordingly, the community
has a right to know when criminal allegations are made against one of its members."
I would ask your readers to consider this important element of the debate as well.
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