What does that say about what you think of our justice system as a school? There isnt. What are your reflections from these experiences? The answer lay in the one file Greenspan had finally allowed her to take, a Legal Aid case in a murder that had already outraged the city with its wanton brutality. It was how he lived his lifeliving out loud, living proudly, her style., His legacy persists not only in some of Heneins more outr fashion statements, but in larks like her firms campy holiday videos that send up her barracuda image. A graduate of York University's Osgoode Hall Law School and Columbia University, Henein worked for Edward Greenspan, arguably the best-known defence lawyer in Canada, who has represented well-known defendants such as Robert Latimer, Garth Drabinsky and Conrad Black, The Globe and Mail reported. "The Jian Ghomeshi Case: A System on Trial". [8][9], In 2009, Henein represented Bradley Harrison at the Supreme Court of Canada. He took me aside and said I was really going to have a problem in life if I didnt learn to be a little softer, a little more feminine, argue a little less, she says. The truth is, I want to be Marie Henein. I just dont feel a need to justify what I do or explain myself., Thats hardly an unexpected riposte from a woman who has never been constrained by what others thinkone who refuses to be limited by the usual definitions, whether as a lawyer, a mother or a feminist. Mansbridge later read out three critical social media comments as the camera zoomed in on her face. This conversation has been revised and edited for length and clarity. Theres no criminal lawyer that doesnt feel like theyre on the outside and the cards are stacked against them. Were seeing governments win with barely one-third of the vote. And its from people who are supposed to be educated. Its such a chronic lack of leadership, where the only goal, and you see it in the United States as well, is to get re-elected. We represent people who have committed heinous actsacts of violence, acts of depravity, acts of cruelty, she quipped. Male lawyers, she protests, never get queried about their clothes. We never did give in., Now a lawyer with Ontarios Ministry of the Environment, Nemchin recounts the incident as a feisty stand for freedom of expression, but Henein remembers it for another reason entirely. The PIAP provides free, unpaid, experienced, duty counsel services to unrepresented and incarcerated appellants who have been denied Legal Aid funding on their criminal appeals to the Court of Appeal for Ontario. Two years ago, when Warren Winkler was obliged to take mandatory retirement from the provinces highest court, Henein co-hosted a farewell soire for him that was not your usual reverential send-off. Your job as a leader is to get information out to the public to convey to people why youre making the decisions that youre making and to bring them along with you. After briefly moving to Vancouver, then less than a year later to Lebanon, the family finally settled in Toronto when Marie was four years old. None of it deals with the real issues the criminal law needs to deal with. In 1982, Ghomeshis memoir of growing up as the child of Iranian immigrants in the citys northern suburbs, he writes poignantly of life as an outsider, acutely aware that his skin was not an acceptable shade of pale. Glen Jennings, the soft-spoken son of a United Church minister, was instantly smitten. That shift raises the stakes for her as she faces what could be the courtroom performance of her career. That sort of impassioned idealism proved irresistible to another of the young lawyers on Greenspans staff. Toronto criminal lawyer Marie Heneins net worth is estimated to be in millions of dollars but the actual figure of her net worth is still under review. Suddenly, the door to Courtroom 506 opens and the media contingent rushes inside to fill its scant half-dozen rows. Those statistics echo a larger crisis in the profession: although women still make up more than half of all law school graduates, an alarming number are cashing out after only five to seven years in private practice, just when their careers ought to be approaching liftoff. Marie Henein (born 1966)[1] is a Canadian criminal defence lawyer. [19], Canadian criminal defence lawyer (born 1966), Wente, Margaret. In the documents, Normans lawyer Marie Henein points to statements federal bureaucrats made to the RCMP. Ms. Henein received her LL.B. I dont think any other woman could get away with it.. And if you give information to members of the public, they are not stupid. Youre going to fuck up, but I wish women would stop beating themselves up about not being the perfect wife and mother. I think its a lot of weak people leading. Youre very dark, she says. I was becoming like a surly teenager. Greenspan felt sideswipedit was a breach that would take time to mendand for months after her departure, whenever a crisis came up, he would storm through the office fuming, Where the hell is Marie?. MARIE HENEIN: It says a lot about our post-secondary institutions that we think education means that you cannot have challenging thoughts, you cannot be presented with a view you disagree with, and you cannot be presented with information that is not the predominant view. How can you make decisions that will alienate certain portions of the population, or that certain portions of the population initially wont understand or wont support? The woman known for her strategic savvy had no office, no clients and no savings; when she did find loft space on King Street West, she had to borrow the first and last months rent from her parents. We dont want that., Related:Exclusive: Lucy DeCoutere on the Ghomeshi disaster, Shehas an unwavering belief in the Canadianjustice system. Her smartest and toughest character has made her established as one of the highest paid lawyers. Then, homing in on a pivotal 28 secondslater the title of Bryants memoirshe set about dissecting every millisecond in that time frame. Toronto criminal defence attorney Marie Henein has broken her silence about the highest profile case of her 25-year career the trial of former CBC broadcaster Jian Ghomeshi. Talking about her education, Marie went to the St. Josephs Morrow Park Catholic Secondary School. You think of all the things that happened historically which did require leadership, and you look now, and Im sorry, I dont see leadership capable of making us better. Required fields are marked *. She was in the highlight after being able to save Michael Bryant from going jail. With a two-year-old at home, she and Jennings had just bought a house in Forest Hill they could ill afford. On Tuesday night, Priscilla Presley and her daughter, Lisa Marie Presley, sat side by side at their table at the Golden Globes and watched with emotion as Austin Butler won an award . Thats not the way it works. The rock star criminal defence lawyer captivated the audience at Moses Znaimer's ideacity Wednesday the way she captivates and convinces judges, . So yes, I would love to see some strong leadership, some willingness to take the position, This might hurt me personally when I try to get re-elected, but I feel so strongly that it is the right thing for this country, Im going to advocate for it. Do you think now, in Canada, we would get the health care that we do have now? Your email address will not be published. As Anthony Moustacalis, president of the Criminal Lawyers Association, points out, Theres traditionally been a macho culture of wanting a tough guy to fight for you.. And it was very apparent in Ottawa that that is how it is. Even growing up in a neighbourhood populated largely by other immigrants, most from Italy, Henein and her kid brother, Peter, felt they didnt quite belong. Law firm culture has been slow to change, concedes Laurie Pawlitza, the societys former treasurer. She made no secret of the fact she was star-struck, announcing to a friend in her freshman year at the University of Toronto that she intended to work with Greenspan. When a male teacher she expected to defend them instead urged them to capitulate, she castigated him for failing to uphold the ideals he extolled in class. Bio, Wedding, Husband, Kids and Facts, Is Roger Clinton Jr. Married? And for me, it was the very first time in a 30-year career where I fully understood the power of the state against an accused person. Funds raised through the online auction help The Shoe Project in its mission to hold writing workshops and public speaking performances . MARIE HENEIN: Well, as a criminal lawyer, youre always an outsider. I had a mother who was angry at how women were treated in her culture, Henein says. Its where theyre getting their votes. Henein hired an advertising agency to promote her firm, Henein Hutchinson. I thought, Could you just say thank you? recalls Martha McCarthy, one of the citys most respected family lawyers. At a two-day hearing in October that was closed to the press, Henein was expected to argue one of the most contentious aspects of the Ghomeshi case: why the court should give her access to third-party records that may contain personal information about his accusers, including their medical and psychotherapy histories. "[3] In 2011, Canadian Lawyer magazine named her one of the "Top 25 Most Influential" saying she was "one of the most sought-after criminal lawyers in the country" and "a key go-to lawyer for high-profile accused in Toronto. Wherever they lived, from their first apartment in Thorncliffe Park to the stolid brown brick house they bought in the farthest reaches of North York, the Heneins were never more than a few doors, or a few blocks, from her maternal grandmother, the matriarch of the family, who became her chief companion and babysitter. She had just lopped off her shoulder-length locks in a punk cut, and he went ballistic. Poised amid her team in a killer black sheath by Victoria Beckham, Henein stares into the camera with insouciant defiance, the incarnation of her calculated corporate image: hip, upscale and fearless. Like Greenspan, she sees her role as not to judge the guilt or innocence of the accused, but to ensure that legal truth prevails. In this final instalment of our interview, editor-at-large Sean Speer speaks with Henein about being disinvited from high schools and university campuses and the chronic lack . Because they dont know me, generally, when Im disinvited. Its something so fundamental to my core. At the end of her articling stint, he offered her a permanent job, but she had already been accepted to the master of laws program at Columbia University in New York. We all fail, we all lose. Though the appeal was denied by the Supreme Court, her client has become free for the verdict of not being guilty. What really worries her is people like federal NDP leader and lawyer Thomas Mulcair hopping on this bandwagon with little regard for the evidence presented in the case. Five months following her son's death, on Dec. 29, 2020, Presley sold the home for $2 million. MARIE HENEIN: Well, thats a great question. Now she intends to do the same for Jian Ghomeshi, even if it means ripping apart the testimony of his accusers. It was a reaction to all these self-congratulatory videos that were going around, she says. What did it feel like personally? [4] In 2002, Henein left to open Henein and Associates. It was. Even before the trial started, she had convinced the judge to lift a publication ban on their names. The Law Society takes that gender brain drain so seriously that in 2008 it established the Justicia Project to promote solutions such as parental leave and flex-time arrangements that might help keep women in its ranks. Edward rehired her back to his firm as he didnt want to lose a dedicated and capable staff like her. 1 likes. Equally impressed was Marc Rosenberg, the counsel for the co-accused in the case and, not incidentally, Eddie Greenspans law partner. But what she remembers best about the case is walking into Greenspans office on the eve of their departure for Halifax. It was an audacious break for a Middle Eastern woman with only a high school diploma from a French school, but when her efforts to find a job failed, her own mother ordered her back to her husbands side. A firm believer in crafting a narrative for each defence, Henein threw herself into fleshing out a storyline that was at odds with the one unfolding in the media. Ghomeshi was acquitted of all charges, on the basis that there was insufficient evidence to establish proof beyond a reasonable doubt.[16][17]. At times, Frost was frustrated that Henein refrained from going directly for the jugular, but she insisted on what he calls the slow burn. When he chafed at her obsession with what seemed like some minor detail, she retorted that no detail was too smallor, as it turned out, too lurid. In my view, running a country to get re-elected is a real significant problem. model to clear surgical backlog, Ontario's health-care reforms are a sign of Left-Right policy convergence. [4][7], In her first case at her own firm, Henein defended Daniel Weiz, who was one of the young men charged in the 1999 death by beating of Toronto teen Dmitri Baranovski. I dont think its any different than Washington. Now my dad can relax, she laughs. [5], In 2008, Henein defended hockey agent David Frost, who was acquitted of the charges of sexual exploitation. They turn out to be just one pair from a collection so notorious that Ontarios former chief justice Warren Winkler once ribbed her, So are you going to buy a car or a new pair of shoes? Even with the benefit of those four-inch heels, Henein seems tinier than she did in the courtroom, her hourglass figure whittled away by twice-weekly weight training sessions, her boyish bob and kohl-rimmed eyes lending her the air of a gamine. She smiles enigmatically at the question. Henein has no patience for questions about how she managed it all. My best friend has practiced environmental law her entire life. In one video, released for Christmas 2012, she stomped through the office on a mock rampage, knocking over eggnog and Christmas trees to Youre a Mean One, Mr. Grinch. When it went viral, she topped it the following year with a hilarious takeoff on the movie American Hustle, prancing in 70s bell-bottoms and a blonde Farrah Fawcett wig as her associates shouted raunchy taunts. Without uttering a word, Marie Henein commands the room. Its wrong to treat your citizens that way. Lisa Marie, 54, died of cardiac arrest on Jan. 12, just two and a half years after the tragic suicide of her son Benjamin at age 27. He compares their meetings to boot camp. Its a flip side that few but her friends and family see. Being with the firm, Marie has fought numerous criminal cases and has been able to make her established as one of the most reputed, respected and fearless lawyers in the city. Or as Jian Ghomeshi likes to call it, foreplay., The ballroom erupted in laughter, but six days later when the butt of her joke hired her, some colleagues wondered whether the jest was yet another of Heneins marketing ploysa provocative signal pitched directly at Ghomeshi, who had already confessed to a taste for rough sex, that she would push boundaries in defending him. Thats one of her assets. Lets come back to my first question about your career choices, and the path that they put you on. Shes carefulshes not rude or impolitebut if you think youre going to push her around, theres going to be kickback.. Its interesting what people see, she says. This was the full power of the government directly focused on an accused person, and when you began to peel back the layers, it was not very nice. Part of Heneins self-assurance comes from 14 years teaching basic and advanced evidence as an adjunct professor at Osgoode, where former students recall her prowling the classroom, rhyming off case law without consulting a note. Its not my area, but if I were a leader, Id want to make sure the public understands whats at stake and why youre making the decisions youre making. The job that Im doing is part of the justice system. I mean, thats fine. What do you think that says about the culture in our post-secondary institutions? Henein refuses to discuss the case, but in interviews, her associates seem intent on underlining how often she has spared clients the ignominy and expense of a courtroom ordeal. She started working and learning under Edward Greenspan. Danielle Robitaille, a former dancer, helped choreograph every move in the cross examinations. They have two sons. We are anxious to have this heard in a courtroom before a judge.. Working late one night, Henein found her colleague Alison Wheeler distraught that a prospective client, convicted of manslaughter and grappling with mental illness, had been refused Legal Aid; he was planning to argue his own appeala daunting prospect even for those with a law degree. The daughter of Maronite Christians, she was born in Cairo, then a bustling cosmopolitan hub, where Egyptian strongman Gamal Abdel Nasser had banished the Muslim Brotherhood, and upper-middle-class women like her mother felt free to dress like Betty Draper. Henein is no stranger to famous clients. My job is to persuade., At the Supreme Courtfor which Henein helps train lawyers before their first appearanceher reputation for novel technical arguments often draws its young staffers to the visitors gallery. St. Joseph Communications uses cookies for personalization, to customize its online advertisements, and for other purposes. She speaks truth to power and theres no sugar-coating. I would not have seen it in any other context, so it was extremely eye-opening to me. And I really believe its a bit of a mentality that now when youre in office youre immediately running for re-election, and so everything you do is directed at making sure youre re-elected. After one woman testified shed been coerced into giving Frost a blow job, Henein inquired whether she had noticed any medical anomalies in those close quarters. Then in the summer before she started law school, he arrived back home gravely ill. She was at his side when he was diagnosed with one of the citys first cases of full-blown AIDS. Henein Hutchison LLP 34 The former Eddie Greenspan protge and current lawyer for Jian Ghomeshi runs the hottest criminal defence firm in Toronto. When Evelyns parents promptly immigrated to Toronto, she begged her husband to join them, but he balked at another move. He originally consulted Brian Heller, a highly respected but lower-profile member of the criminal bar, as well as Neil Rabinovitch, a civil litigation specialist at Dentons Canada, the global giant behind Ghomeshis widely criticized and short-lived lawsuit against the CBC. Hashtag I believe is not a legal principle, nor should it ever be, Henein said, adding presumptive belief is a damaging concept in general. Henein represented Mark Norman during his trial for Breach of Trust, a charge that was eventually stayed on May 9, 2019. So, youre disinviting me because you dont like the job that I do in the justice system? You worry about everything, because in this business you see everything thats awful., Many of Heneins cases never make the papersor even a courtroom. You just do it, she says. And it sure isnt what I think leadership means. Could the Bryant case serve as a template for Ghomeshis defence? Michael Bryant recalls Henein pausing in mid-conference whenever one of her boys called, instantly transformed from merciless inquisitor to solicitous major domo solving a domestic crisis. All she knew about the profession she had gleaned from reading about Eddie Greenspan, the superstar defender whose CBC series, The Scales of Justice, recapped famous trials in a way that made criminal law seem both noble and enthralling. Jian Ghomeshi's lawyer spoke with Peter Mansbridge about "betraying" women, her critics and her unwavering belief in the justice system. Jun 19, 2019 Marie Henein addresses the rise of illiberal democracy in IdeaCity speech Henein had three main points of observation: Dialogue has been replaced by a screaming match, illiberal democracy is on the rise, and the urge to protect classes of victimhood has become a priority. Considering her year of birth, Marie Henein is at the age of 52 years old as of 2018. It wasnt just Samis death that affected her, he says. During her young age, her family moved to Lebanon and later to Vancouver. Its the formula Henein herself followed, juggling appeals for child porn cases with her chauffeuring duties as a soccer mom. A 22-year-old Israeli landed immigrant, he was one of three young toughs charged with second-degree murder for kicking to death Matti Baranovski, a 15-year-old straight-A student with dreams of becoming a doctor. Then her private investigator discovered evidence on Facebook, including a photo, that showed, contrary to the womens assertions, they were so close they had even vacationed together. I understand that the public says, Well, were opposed in principle. Whatever, if youre opposed in principle. For pursuing higher education in the law, she enrolled at the Columbia Law School to complete her Master of Laws degree. None of it deals with making difficult decisions. Where once the legal system seemed stacked against women who dared to blow the whistle on sexual assaulttheir motives suspect, their past sex lives fair gamethere has been a sharp shift in the culture. There was nothing else I wanted to do that would interfere with that, she says. [5], Henein represented Marvin Sazant, a Toronto doctor accused of tying up several young boys and repeatedly forcing sex on them. By Sarah Boesveld Frost was charged with four counts of sexual exploitation, allegedly having manipulated his teenage players on the Quinte Hawks into threesomes a decade earlier. SEAN SPEER: One final question. In this new zeitgeist, there seems to be a distinct unease about the notion of a whip-smart woman defending a man charged with sexual violence. It was leadership. Last fall, shortly before word leaked out that Ghomeshi had hired her, both videos disappeared from YouTube and she scrubbed her Twitter feed. I think people think that an accused person has all the rights and theyre in control. In this perfunctory courtroom conference, she shows no expression as she pulls a gilt pen from her Yves Saint Laurent handbag to sign off on an agreement that spells out her first small victory. When they refused to comply, their parents were called, and they were threatened with banishment from graduation ceremonies. I cant talk about it, she says, fighting off tears. SEAN SPEER: Thats great. While . Chipping away at the changing stories of Weizs two main accusers, Henein managed to lead one into admitting that, whenever he lied, his voice rosea tell on which she proceeded to pounce. [5], Henein represented former Ontario attorney general Michael Bryant after he was charged with criminal negligence causing death and dangerous driving causing death for dragging a man with his car causing his death after a collision when the cyclist he struck became enraged. Lisa Marie Presley, Daughter of Elvis Presley, Dies at 54. At the CLAs first womens conference in Ottawa last spring, Henein doled out helpful hints to young lawyers on how to build their careers, but Jessyca Greenwood, a 31-year-old with her own Toronto firm, was puzzled that Henein never once mentioned the problem that confounded Greenwood daily: how to manage her fledgling practice while raising two toddlers. He loved the oral advocacy part, she says. Well, good luck with that, he had scoffed. A post shared by Leanne Elizabeth (@leanne.elizabeth) on Apr 1, 2016 at 11:17pm PDT. And what can we do to reinvigorate a genuine commitment to intellectual diversity, free ideas, and free exchange? The self-effacing Rosenberg, who died in August, was virtually unknown outside legal circles, where his mastery of the law made him a highly regarded figure at the Ontario Court of Appeal. [4], Henein has developed a reputation in Toronto as one of the most "respected and feared criminal lawyers in the country. You were either a hero if it worked, she says, or you were an idiot.. Those records are ostensibly off-limits under Section 278 of the Criminal Code, a companion amendment to the vaunted rape shield provisions that prohibit a defence lawyer from questioning a sexual assault complainant about her past sexual history. When she hasnt been in court for a while, she admits, she gets as agitated as a junkie: I need the fix, she says. While most criminal law firms subsist largely on Legal Aid, their fees set by the government, the plastic surgeons and other professionals who call on Henein to salvage their licences or save them from sexual assault charges can usually afford her steep rates, which can run as high as $800 to $1,000 an hour. We represent a range of people: some you like, some you dont like. While some lawyers shrug off their defeats, Henein has been known to chew on hers for years, stubbornly plotting appeals. In religion class, where most students chose heartwarming essay topics, Henein argued the merits of abortion and premarital sex. The Toronto lawyer is a key go-to barrister for high-profile accused. It was controversial, it was difficult, and it was correct. In those years, one sidekick provided distraction, her mothers youngest brother, Sami. It only took one look at what was in our lunch boxes to see we werent like the other kids, he says. Central to defence lawyer Marie Henein's well-crafted imagery is the . Her tactics kept Michael Bryant out of jail. These days, when she is scheduled to argue a case, fellow criminal lawyers often slip into the back rows to watchbut for those who expect fireworks, Henein advises them to try TV. 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