Lawyers say pre-judging cases risks prejudicing jury, contributing to misinformation
When Doug Ford stood next to family members of Andrew Cristillo, the Ontario father who was killed in a head-on collision in August, the premier didn’t mince words.
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“This wasn’t an accident, it was a murder,” said Ford, speaking to reporters on Sept. 5.
The accused, Jaiwin Victor Kirubananthan, is facing several charges, including dangerous driving causing death. He is not facing murder charges, and the charges against him have not yet been tested in court.
Ford himself has a personal connection to the case. The same man was already facing charges related to a collision in January with an OPP vehicle in which the premier was travelling. The story of Cristillo and his grieving family is also no doubt one that has stirred many emotions.
Even so, some lawyers say Ford should be more careful about wading into criminal cases that are before the courts. His comments on the Kirubananthan case are not the only recent example, and lawyers say they come with risks, including prejudicing juries and contributing to misinformation.
“It’s not a great look. It disrespects the presumption of innocence, it disrespects the judicial process and the fact finding process in a criminal case,” said Adam Weisberg, a criminal lawyer in Toronto and vice president of the Criminal Lawyers’ Association.
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The premier does often decline to comment on cases, citing that they’re before the courts, but his approach is not consistent. Ford’s office did not respond to CBC Toronto’s request for comment.
Pattern of chiming in
In August, the announcement by local police in Lindsay, Ont., that a resident had been charged for allegedly assaulting a home invader made headlines and sparked debate across the country.
Ford was one of many to weigh in, and he did so completely unprompted.
He brought up the case while speaking with reporters on Aug. 20, saying the charges show “something is broken,” and that people should be able to “use all the resources you possibly can” to protect their families.
- Crown reviewing assault charges laid against Ontario man who fought intruder
Ford — like the general public — was not “privy to the facts of what happened that night,” notes Shakir Rahim, director of the criminal justice program with the Canadian Civil Liberties Association (CCLA). Therefore, Ford was not in a position to make informed comments about the case, and whether the charges were reasonable, Rahim said.
