Lawyers can put pen to paper to criticize the legal system so long as it done with objectivity, moderation and dignity ruled the Quebec Court of Appeal in an eye-opening judgment that may prove to be the last chapter in a sorry saga that witnessed a judge being reprimanded by his peers and a defense lawyer suspended for 21 days.

But there are misgivings that the ruling may produce a chilling effect, prompting lawyers to consider twice before voicing their concerns about the legal system for fear of being reprimanded by their law society.

“The ruling may lead to unease and possibly trigger a chilling effect because of the difficulties surrounding the appreciation over what constitutes criticism that is objective, moderate and dignified,” remarked Pierre Trudel, a law professor at the Université de Montréal. “By definition, a criticism is not objective. When criticizing, one does it beginning with a point of view. So it will probably incite lawyers to be even more prudent.” (more…)