“Law is an imperfect profession,” famed American lawyer Alan Dershowitz—defender of such notorious clients as Claus Von Bülow, Jeffrey Epstein, Harvey Weinstein, and O.J. Simpson—once wrote. “There is no perfect justice … But there is perfect injustice, and we know it when we see it.”
In taking on these cases, Greenspon is not only giving his clients the best defence possible, he’s also defending the very legitimacy of Canada’s legal system.
In an interview, Greenspon said he decides on cases based on whether he believes in the cause central to the case: “What’s at stake. And can I make a difference?” What attracted him to Lich’s case were key aspects of the Charter of Rights and Freedoms that he felt needed defending. “Canadians have a constitutionally protected right to freedom of expression and freedom of peaceful assembly,” he said. “These are fundamental freedoms, and they’re supposed to be protected for all of us.”
At issue was the impact the protest had on some downtown Ottawa residents and whether that conflicted with Lich’s right to free speech and peaceful protest. “We were prepared to admit right off the bat that there were individuals who lived in downtown Ottawa who experienced some interference with their enjoyment of their property,” Greenspon noted.
“But when you put freedom of expression and freedom of peaceful assembly on a scale against interference with somebody’s enjoyment of property, there’s no contest. Freedom of association and peaceful assembly, and freedom of expression – these should win every time.”
Such a spirited defence of Canadians’ Charter rights is characteristic of the entire body of Greenspon’s legal work, although his clients aren’t always as endearing as Lich.
“The fundamental point is that everybody’s entitled to a defence,” he said. What really mattered was the constitutionality of the new terror law, which Greenspon argued impinged on the free speech rights of Canadians.
Throughout his legal career, Greenspon has fought tirelessly for the constitutional rights of all his clients, regardless of public sympathy or apparent guilt. While such a stance can make him unpopular, such work offers a crucial bulwark against the state’s misuse of its authority in pursuing particular individuals, as well as the gradual erosion of the liberties promised to all Canadians by the Charter of Rights and Freedoms.
Every Canadian has a stake in ensuring the court system is held to account at all times, regardless of the apparent evidence, current political mood or public support.
Without the work of lawyers such as Greenspon, Charter rights can soon deteriorate into empty platitudes—as the federal government’s shocking treatment of the peaceful Freedom Convoy protesters revealed. That included the unjustified imposition of the Emergencies Act, the freezing of donors’ bank accounts, the mass arrest of supporters, and the marked reluctance to grant bail to those charged.
As Greenspon pointed out numerous times during the trial, the conciliatory and always respectful Lich represents the very ideals of peaceful protest in Canada. And for the sole charge on which she was convicted, she still faces two years in a federal penitentiary.
In the case of Khawaja, Greenspon was asked by an Ottawa synagogue to explain why he, as a Jew, was defending an Islamist terrorist. “I told the synagogue members, somebody has to stand up for the person who finds themselves set against the entire machinery of the state. In this case it happens to be Khawaja. But what if the next guy is named Dreyfus?”