Defense Counsel ā Evidence Destruction Participant
ROLE: FACILITATED DESTRUCTION OF EVIDENCE ā OBSTRUCTION OF JUSTICE
Under SS&C Technologies, Inc. v. Eaton, 2024 ONCA 675, para. 45:
"When evidence is intentionally destroyed, the court MUST draw an adverse inference.
The party responsible for destruction must prove lawfulness WITHOUT the destroyed evidence ā
which is legally impossible."
Defense counsel has ethical duties regarding evidence preservation. Knowledge of evidence
destruction without reporting is obstruction.
As defense counsel in the Windsor mischief case, Laura Joy would have had access to disclosure
materials. The destruction of evidence within 14 days (vs. 2-year minimum retention) would have
been discoverable.
Question: Did Laura Joy request full disclosure? Did she note the anomalous destruction timeline?
Did she report it?
79 files were added to the case 8 days AFTER the case was dismissed. This is tampering with
a closed file. Did defense counsel know? Did she challenge it?
Adding files to a closed case serves only one purpose: covering tracks.
When Ken Price was acquitted July 15, 2025, the entire case against Francesco was proven
baseless. Did defense counsel pursue wrongful prosecution remedies? Malicious prosecution?
Charter damages?
An aggressive defense counsel would have used the acquittal as proof of fabrication.
Up to 10 years ā Knowledge without action
Same as principal ā Aiding by omission
Suspension/Disbarment ā Failure to represent
Duty to not facilitate client's unlawful conduct
Zealous representation required
Civil damages for negligent representation
Crown Attorney ā Opposing Counsel
Constable ā ACQUITTED July 15, 2025
Windsor Police ā Command Level
Provincial ā Oversees Crown/Defense
Federal ā 21-Year Orchestrator
Executive ā Ultimate Authority