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I represent human beings charged with the most heinous of offences. I do not always agree with how the law is applied in relation to the accused, but I recognize that the delicate balancing of rights in a constitutional democracy means that I have a role to play as defence counsel.

Our criminal law has undergone significant reform in the area of sexual assault offences. The law sometimes favours the protection of privacy and equality rights of complainants over the right to make full answer and defence guaranteed by our Charter. I may not always agree with the application of these rape shield laws as defence counsel, but I know that I am bound by them in my work as a lawyer, and I am able to see the rationale behind their application.

If we as a society are unable to even listen to an alternative point of view, particularly in a university setting, which is meant to be a locus for the free exchange of ideas, we are constraining ourselves to a narrow and parochial view of things.

Ms. Henein did exactly as she was supposed to do. Her gender is irrelevant to the issue of whether the laws of evidence and advocacy in this country are fair to sex assault complainants.

If you don’t like the way the law is applied, don’t blame the successful lawyer, advocate for legislative change. In order to be an effective advocate, you will first however, have to listen to and understand the countervailing argument. A good place to start would be to attend the lectures where Ms. Henein will speak.

Anne London Weinstein is president of the Defence Counsel Association of Ottawa.