Presumption of innocence a key principle of justice, says duty counsel Rosanna Miu

Published: October 28, 2024

Rosanna Miu

As Rosanna Miu prepared to appear in a Scarborough courtroom, she wasn’t just thinking about the Crown and her client. She had brought her 6-year-old son along to observe the court proceedings. Rosanna was proud of her work, and she wanted her little boy to know it.

“I wanted him to see that mom is not just a cook and chauffeur,” said Rosanna, a criminal duty counsel at Legal Aid Ontario.

Her son did see her differently, though not quite as she expected. To the young boy, the well-lit space filled with neat rows looked almost like a theatre. Pointing to the microphones in the courtroom, her son asked, to her amusement, whether she was a singer. Rosanna chuckled and continued with her work.

That was years ago. Now, at 15, her son probably knows Rosanna’s job better than most. He has shadowed duty counsel more than once in the courtroom as part of a scout group led by Rosanna, who is passionate about volunteering and community work. To the young minds, the chorus of activities in the courtroom were a crash course of sorts in justice and law.

“I want to instill in young people a sense of compassion,” Rosanna said. “I don’t want them to have the stereotype that everyone who walks into a criminal court is guilty. And I want them to learn about the different roles within the justice system.”

That’s not always an easy job. Friends and family often wonder aloud why Rosanna would defend people who are criminally charged. She usually responds by explaining a core principle underpinning criminal law: presumption of innocence until proven guilty. Her clients are real people, she would say, each with their own unique story. Often, many of her clients come from marginalized backgrounds without the financial means to defend themselves. It’s her job to make sure those who cannot afford a lawyer—and qualify for legal aid—get legal representation.

For many, navigating the court system can be challenging. Duty counsel serve legal aid clients much like emergency doctors assist patients with urgent health issues. Whether aiding a distraught mother fighting for child custody or a young man charged with an offense, duty counsel help their clients understand their situation, how to exercise their rights, and the available options to resolve their legal matters.

Their job title says it all. Duty invokes responsibility and commitment; counsel confers guidance and direction. Duty counsel wear different hats: negotiators, storytellers and problem solvers. They listen with compassion, communicate tactfully and advocate for their clients fiercely. Often the public faces of the legal aid system, duty counsel play a pivotal role in helping build a fair justice system that serves everyone.

It’s estimated that almost half of Canadians will experience at least one legal challenge in their life. Across Canada, duty counsel assist Canadians more than 1.2 million times a year, including close to one million in Ontario.

In her 18-year career at LAO, Rosanna said no two days are the same. Depending on the day and the case, she may be in the courtroom conducting a bail hearing, assisting with a guilty plea, or referring clients to community resources to help with their criminal matter. Other times, she may assist clients on Zoom to prepare for a court appearance or determine if they are eligible for legal aid.

“One reason I enjoy the job a lot is that you don’t know what you’re scheduled for the day to appear in court as you don’t know who will show up,” said Rosanna. “That really keeps me on my toes.”

Undoubtedly, the job is not without stress. To decompress, Rosanna does martial arts three times a week. “Punches and kicks really help alleviate my pressure,” she said. “And it helps me clear my mind.” She also enjoys Korean TV drama series.

Prior to joining LAO, she articled at the City of Toronto. While finishing her law degree at Queen’s, she worked at Queen’s Legal Aid, a student clinic offering free legal advice to low-income people. That experience sparked her interest in legal aid work.

But her first encounter with legal aid predated law school. When studying criminology as a 19-year-old undergraduate at the University of Toronto, she had to write an assignment by visiting a courthouse.

That same courthouse, at 1911 Eglinton Ave in Scarborough, where she once visited as a timid teenager, became her professional home for 17 years. Now, she’s a duty counsel at the Newmarket courthouse, and she feels proud of how far she has come, from the classroom to the courtroom, using what she has learned to help legal aid clients in a community she grew up in.

About six years ago, around Christmas, she received a call from a client. The client, a mother of two teen boys, wanted to thank her for representing them in court. They had been charged with assault following a minor altercation after returning a rental car. After Rosanna presented background information and the clients’ story, the Crown dropped charges. The mother had something else to share: one of her sons now wanted to go to law school.

“This is perhaps one of the most meaningful moments in my career,” Rosanna said. “I hope one day he does become a lawyer and helps Legal Aid Ontario.”

More about duty counsel

Ontario’s duty counsel are legal aid lawyers who give free, on-the-spot legal advice in family, criminal and immigration law cases to people living in Canada. These dedicated, compassionate lawyers support people navigating the legal process and the justice system. This is one in a series of profiles of duty counsel across Ontario. Learn more on Duty Counsel Day.