The Criminal Law Students’ Association welcomes its first panellists of the year
On November 13, 2023, the Criminal Law Students’ Association (CLSA) welcomed four attorneys to the annual Crown and Defence Panel to discuss their unique experiences working in criminal law. Students had the opportunity to learn about prosecution and defence work and received future career advice.
The first panellist, Marie Comiskey, spent over a decade as Crown Counsel with the Department of Justice, prosecuting drug trafficking and tax evasion offences. Now, Comiskey works as Senior Counsel with the Public Prosecution Service of Canada. Nicos Fassler (JD ‘02) became a Deputy Crown Attorney in 2015 and is currently involved in student hiring. Cat Mercer worked as a caseworker for Downtown Legal Services in her time at U of T Law and joined Legal Aid Ontario in 2022, where she now works as a Duty Counsel lawyer at the Toronto courthouse. Finally, Jill D. Makepeace is a partner at Greenspan Humphrey Weinstein LLP and represents individuals charged with criminal offences, ranging from drug cases to sexual offences. Makepeace’s practice has recently gravitated towards defending doctors, often charged with sexual assault or OHIP fraud.
The 90-minute panel discussion allowed students to engage with the attorneys who provided insights into their lines of work. Students heard about the rewards and drawbacks of working in criminal law, which put into perspective the impact criminal lawyers have on society. As Comiskey noted, the reason she fell in love with criminal law was because of the vital issues at play. The job of a criminal lawyer is critical and high-stakes. Dealing with individual liberties and potentially restricting autonomy means every decision matters.
The panel discussion opened with the attorneys reflecting on their journeys in criminal law. Many of the students at the panel could relate to Makepeace’s journey to becoming a defence attorney. She initially grappled with the decision to pursue defence or prosecution, as she could see herself in either role. Before school, she believed she would become a prosecutor. Throughout law school, however, she became more open to the idea of defence. The opportunities Makepeace experienced along the way, such as clerking in Yellowknife, solidified her desire to become a defence attorney. Makepeace’s journey highlights the impact of practical experience on one’s career path.
Fassler provided insight into the prosecution side of criminal law. He discussed how he began his career in the Crown office and then experienced the other side of criminal law, working in defence as a sole practitioner. Seven months in, Fassler realized this role was not the right fit, and he returned to Crown work. Despite this switch, Fassler discussed how working in defence has made him a much better Crown Attorney. His career path shows just how expansive the criminal law is, and that there is a diverse array of experiences in the field.
Noteworthy was Comiskey’s contribution on the importance of having a growth mentality. Becoming a lawyer does not have to be the final destination. Comiskey, for example, continued her education throughout her time as a lawyer, working on a Doctoral degree and studying jury instruction. Two years ago, the Chief Prosecutor sought recruitment for a part-time prosecutor in the Canadian military. Comiskey got the job and spent 12 weekends partaking in basic military training. Now, on top of being Crown Counsel, Comiskey knows how to don a gas mask and operate an assault rifle! The opportunities in law are endless, but it is important to actively seek them out.
The attorneys discussed the kind of work a junior lawyer can be expected to do at their offices. The work ranges from traditional junior roles where junior lawyers collaborate with senior lawyers, to solo work where junior lawyers build trial practices, which can have a steep learning curve. Interestingly, Mercer noted that the duty counsel office does not take experience level into account. Each junior lawyer will do a rotation where they spend one week at bail court and one week at the downtown courthouse.
The legal landscape is ever-changing. As technology advances, attorneys in criminal law face new challenges. The panellists touched upon the biggest issues they are seeing at work. Prominent is the changing nature of disclosure. Media has increased the volume of disclosure. The institution of body-worn cameras for police officers means Crown attorneys are tasked with combing through pages of information and hours of raw footage. Fassler emphasized that it is an untapped area for technology to assist in analyzing these files.
The final question directed at the panel asked what advice the attorneys would give to aspiring lawyers entering criminal law. Mercer eagerly urged students to remember the importance of work-life balance. There is an emotional component to criminal law, and lawyers are regularly confronted with tough decisions that may take a toll on their mental health. Mercer directed students to the Members Assistance Program, which gives counselling to lawyers. Remembering to take care of yourself in a job that is dedicated to helping others is crucial.
The panel wrapped up with an important piece of advice: the fact that we are living in Toronto is, in itself, an opportunity. Students should not be afraid to ask questions and network. Shadowing lawyers and going down to courthouses to watch proceedings are strategies for success. Having an “eager-to-learn” mentality is what will set you apart in criminal law.
