Law Times

Law Times • November 5, 2018 Page 5 www.lawtimesnews.com Process of advocacy 'mentally challenging' John Rosen to receive major award from CLA BY SHANNON KARI For Law Times T he murder trial itself barely received any me- dia coverage when it took place before a jury in a Toronto courtroom more than 30 years ago. It was a dispute between two men in the west end of the city over the purchase of stereo equipment. Two shots were fired. One man was killed and the other was tried on charges of second- degree murder. After only 17 minutes of de- liberation, the jury came back with a not-guilty verdict in what might be the quickest acquittal in Canadian criminal trial his- tory. The trial was also one of the more than 300 times that crimi- nal defence lawyer John Rosen has represented an individual charged with murder. In a legal career spanning nearly 50 years, Rosen's cases have ranged from those that barely attract media scrutiny to incredibly high-profile and notorious crimes such as those committed by convicted serial killer Paul Bernardo. His clients have also covered a wide spectrum: He has suc- cessfully defended both an in- mate accused of poisoning an- other person in custody and an executive alleged to be part of a commercial price-fixing con- spiracy. The Criminal Lawyers' As- sociation is recognizing Rosen's career and his accomplishments on Nov. 10, when it will present him with its annual G. Arthur Martin criminal justice medal. The award, presented last year to Beverley McLachlin, the former Supreme Court chief justice, is to recognize lifelong achievement and sustained commitment to the principles and advancement of criminal justice in Canada. Michael Lacy, president of the country's largest criminal lawyers organization, says Rosen is very deserving of the award. "John Rosen's dedication to criminal law through teaching and continuing legal education, his storied career as a criminal defence lawyer and his ongo- ing mentoring of young lawyers make him an obvious choice for this prestigious honour," says Lacy. The award is named after the late Goldwyn Arthur Martin, one of the most respected fig- ures in Canadian legal history both as a defence lawyer and as a judge during the 15 years he served on the Court of Appeal until his retirement in 1988. One of Martin's many ac- complishments, says Rosen, was making criminal law a respect- able part of the legal profession. "He spent decades doing that. People like me have been the beneficiaries," says Rosen. While he was taught first- year criminal law by Martin in the late 1960s, it was appearing before him at the Court of Ap- peal that Rosen says he learned lessons that inf luenced him throughout his own career. "He set a very high bar. He and Justice [Charles] Dubin brought a huge degree of civil- ity to the court. They would not yell, but you could feel the disappointment if you were not prepared. From the bench, he trained an entire generation of lawyers," Rosen says. Defending someone charged with horrific offences is not fun- damentally different than advo- cacy in other areas of the law, Rosen suggests. "In a civilized society, you have to have a mechanism to resolve conf licts between two parties in a fair, just and public way. Lawyers on both sides are an integral part of that," he says. Jeff Manishen, an experi- enced and well-respected de- fence lawyer in his own right, says Rosen is one of the best at carrying out his role in the criminal justice system on be- half of his client. As a former Crown attorney, Manishen has been on the op- posite side of Rosen at trials and also as a fellow defence counsel in trials with multiple accused. "I have watched John's fo- cus in cross-examination and his ability to edit it down as ef- ficiently as possible. He knows how important it is to stream- line it down and ask yourself 'Do I really need to ask this ques- tion?'" says Manishen, associate counsel at Ross & McBride LLP in Hamilton, Ont. "This award is well deserved. His body of work is substan- tial," says Manishen, adding that Rosen has always been willing to teach younger lawyers on de- veloping advocacy skills. Venus Sayed, a criminal de- fence lawyer in Toronto who was called to the bar in 2012, approached Rosen at a legal conference about five years ago about putting together a "how- to" guide for the courtroom. From that discussion, Rosen later set up a workshop program for defence lawyers who were re- cent calls. "My most important take- away from John is that success at its core is preparation and hard work," says Sayed. "There is no magic in the courtroom; there are prepared lawyers and unprepared law- yers." For his part, receiving an award for lifetime achievement as a lawyer does not mean Rosen has any plans to retire. "The whole process of advo- cacy is mentally challenging. It maintains your sharpness. That is why you call it practice. You never get it perfect," Rosen says. LT NEWS © 2018 Thomson Reuters Canada Limited 00250JA-A94240-CM AVAILABLE RISK-FREE FOR 30 DAYS Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 On Subscription Order # L7798-8565-65203 $130 One-Time Purchase Order # L7798-8565-65203 $140 Softcover approx. 2860 pages November 2018 978-0-7798-8565-7 Annual volumes supplied on standing order subscription Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Be prepared with the most up-to-date environmental legislation New Edition Ontario Environmental Legislation, 2018-2019 Edition Update your library with the most comprehensive collection of laws available for this complex area. Ontario Environmental Legislation, 2018-2019 includes all the critical legislation to keep you prepared. New in this edition Includes the latest amendments in the following: • Environmental Assessment Act, R.S.O. 1990, c. E.18 • Environmental Bill of Rights, 1993, S.O. 1993, c. 28 • Environmental Protection Act, R.S.O. 1990, c. E.19 • Green Energy Act, S.O. 2009, c. 12, Sch. A • Clean Water Act, 2006, S.O. 2006, c. 22 • Nutrient Management Act, 2002, S.O. 2002, c. 4 • Ontario Water Resources Act, R.S.O. 1990, c. O.40 • Pesticides Act, R.S.O. 1990, c. P.11 • Safe Drinking Water Act, 2002, S.O. 2002, c. 32 • Technical Standards and Safety Act, 2000, S.O. 2000, c. 16 John Rosen has had a legal career spanning nearly five decades.

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