Episode 10

Episode 9: Brad Smith, QC

Published on: 19th May, 2022

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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About the Podcast

Under Reserve
Life on the bench, at the bar, and on the beat.
Under Reserve is a show about law and law enforcement. Vancouver lawyer Dan Coles sits down with the individuals who shape and enforce the law domestically and abroad. From judges and lawyers, to police officers, politicians and soldiers - Under Reserve explores the stories behind extraordinary people who took an oath of service and who uphold the rule of law.

Learn more at www.underreserve.ca or Instragram @underreservepodcast

About your host

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Dan Coles

I am a trial lawyer and partner at mid-sized law firm in downtown Vancouver, B.C.

I am an advocate for freedom of the press and other media. I regularly appear in court as counsel for national and international news organizations. I assist journalists in obtaining access to court exhibits and I oppose publication bans, sealing orders, and in camera court proceedings. I obtain and resist injunctions.