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T.O. jail guards allege lawyers smuggling drugs

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Date: Tuesday Nov. 12, 2002 4:10 AM ET

Furious over alleged drug smuggling by some defence lawyers, officials at a Toronto jail have imposed a clampdown on lawyers visiting their clients, the Globe and Mail reports.

The clampdown, which forces counsel to line up for one interview room, has provoked a showdown with defence lawyers who insist that the ensuing chaos makes it almost impossible to prepare their clients for impending trials.

Lawyer Austin Cooper said Monday night that he plans to go to court immediately, seeking a judicial order forcing the jail to produce one of his clients.

Cooper said that while he understands why guards are concerned after the recent arrests of three Toronto defence lawyers for drug smuggling at the jail, the right to counsel is vital.

The president of the Ontario Public Servants Employees Union local 530 said Monday that he welcomes the showdown.

Chris Croisier said there have been three "brazen" attempts by lawyers to smuggle drugs - and in one case, hypodermic needles - while another five have allegedly smuggled tobacco into the jail.

"Fine, we would be glad to go to court," Croisier said. "The amount of drugs and tobacco coming in is endangering the health and welfare of staff. For anybody who has ever seen how badly these guys (inmates) tear up a place when they`re on drugs - believe me, it`s dangerous."

If the jail fails to uphold the new restrictions allowing one lawyer visiting a client at a time, Croisier vowed, "there will be a mass work refusal."

Toronto lawyer David Bayliss confirmed the widespread problem, saying he has been contacted by 15 or 20 colleagues about restrictions at several jails.

"Lawyers have been shut out for six or seven days at a time," Bayliss said.

Correctional officials did not return calls Monday.

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This short piece illustrates perfectly the problem with the adversarial legal system, where the idea of actual guilt is irrelevant to all participants in the pantomime. I support the vigorous defence of a person's rights, but also grasp why lawyers come across slimy. It's hard to look crystal clear and clean when you provide your services on a foundation of one set of acceptable lies against another.

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