Under Reserve
Under Reserve
May 19, 2022
Episode 9: Brad Smith, QC
Play • 1 hr 5 min

Brad Smith, QC is a criminal lawyer - he advises and defends people throughout British Columbia who are under investigation by the police, charged with a criminal offence, or are otherwise in trouble with the law. He is the principal and founder of Smith Law Group https://smithlitigation.com/

Brad has more than 20 years’ experience in the criminal law arena, acting first as a federal prosecutor and now as defence counsel.

As Crown Counsel, Brad prosecuted a variety of federal offences, from Fisheries Act violations to complex organized crime drug cases. 

As a defence lawyer Brad has defended clients charged with a wide variety of serious offences – he also represents police officers who are the subject of internal Code of Conduct hearings.

Brad holds both a Bachelor and Masters of Law from Osgoode Hall in Toronto, and took silk in 2019. As a QC Brad is recognized as one of a small group of a senior barristers.

I caught up with Brad shortly after he concluded a case in which his client was found not guilty of two charges of first-degree murder. The trial, which was held during the height of the pandemic, lasted more than 150 days.

Show Notes

Federal vs. Provincial prosecutors – 12:36

The role of the prosecutor – 15:36

R. v. Jordan – 23:55

The prosecutorial mindset – 30:23

The role of defence counsel – 32:00

Trials aren’t re- enactments of events – 35:00

The presumption of innocence – 36:55

Charter Remedies – 40:48

RCMP code of conduct hearings– 41:39

MacNeil Reports – 48:00

Complexity of the current state of criminal law – 51:30

Under Reserve thanks Brad for his time, and his service. 

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