Ontario had the lowest rate of family violence in 2010, according to new data from Statistics Canada.

Victims of police-reported intimate and non-intimate partner violence, by age group of victim (Source: Statistics Canada)

There were 196 victims of police reported family violence per 100,000 of population in Ontario, compared with a Canada-wide rate of 294 victims per 100,000, according to the report. Prince Edward Island and Nova Scotia were the only other two provinces that came in with a rate under the national average.

At the other end of the scale, Nunavut had 3,409 victims per 100,000 followed by Northwest Territories with 2,455. Yukon and Saskatchewan were next with 842 and 644 victims per 100,000 respectively.

Statistics Canada reported 99,000 family violence victims in total nationwide, accounting for one quarter of all victims of violent crime reported to police. About half the family victims were spouses, with the other half made up of children, parents, siblings or extended family members.

For the first time, the study also drilled down to census metropolitan areas, consisting of urban centres and their surrounding areas. Overall, the rate of family violence in CMAs was 232 per 100,000. In non-CMAs, which include small cities, towns, and rural areas, the rate almost doubled to 436 per 100,000. With a rate of 98 per 100,000, the Ottawa CMA recorded the lowest rate of family violence in the country. Saint John, N.B., had the highest rate among CMAs, at 420 per 100,000, more than four time higher than Ottawa.

The report found the risk of becoming a victim of family violence was more than doubled for females compared with men, with 407 victims per 100,000 women and 180 per 100,000 men. The distinction was starkest in the 25-34 year age group, where there were 709 female victims per 100,00 compared with 216 per 100,000 males. Women accounted for 70 per cent of the victims of family violence, and 81 per cent of all spousal abuse victims, according to the report.

Not all reports result in charges, but Statistics Canada found charges were more likely in incidents involving family members. In 2010, 56 per cent of accused family members were charged, compared with a 43-per-cent rate when the accused was unrelated. Charges were also more like when the family violence victim was female, with 60 per cent of accused charged, compared with 46 per cent when the victim was male.

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Dan Caldarone is the new general counsel at Second Cup Ltd.

The Second Cup Ltd. has a new general counsel effective today as Dan Caldarone leaves the in-house department at Cara Operations Ltd. to join the Canadian-owned specialty coffee company.

Caldarone will serve as general counsel, corporate secretary, and vice president of human resources for the company.

Second Cup is Canada’s largest specialty coffee café franchisor and retailer with 359 cafés operating under the trade name Second Cup in Canada. All but 10 of those stores are franchised in what is a highly competitive coffee market.

Caldarone joined Cara Operations in 2008. Cara is the owner and franchisor of restaurant brands including Swiss Chalet, Harvey’s, Kelsey’s, Montana’s, and Milestones.

Prior to going in-house at Cara, Caldarone was a partner at Aird & Berlis LLP. His primarily focus at the law firm was business and franchise law.

He says he was drawn to the position at Second Cup not only because it was a step up into the general counsel role but also because it puts him at the executive management table.

“At Second Cup, there is a senior management team of seven and the general counsel is one of the people that make up the senior management team, so for me it’s not only a step up into a general counsel role but also a step into the executive management team,” he says.

Given his background in franchise law, Caldarone says he’s looking forward to dealing with all of the franchisor partners the company has across the country. He also welcomes the challenge of working in the highly competitive coffee market.

“It will be a challenge to get up to speed and get familiar with all the franchise partners,” he says.

Caldarone is a member of the Ontario Bar Association’s franchise law section executive committee and the Canadian Franchise Association’s legal and legislative committee.

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Bernard Amyot has strongly criticized the barreau’s position on the Quebec government’s bill.

The Barreau du Québec has ruffled the feathers of some members of the bar after it sent a letter to the Quebec government criticizing legislation that would give police more control over student protesters and public gatherings.

The letter, published on the barreau’s web site on May 16 by president Louis Masson, expressed concerns about the bill that it said could unduly limit freedom of expression and requires more debate before its adoption.

“The proposed regulation raises serious issues related to respecting fundamental freedoms of expression and of peaceful assembly and it is therefore likely to be subject to judicial debates,” the letter reads.

The letter continues: “In addition, the provision, as drafted, might give rise to charges against individuals who wished to participate in an event without being identified and having no intention to offend.”

Once adopted, the bill would requie the exact location and itinerary of a meeting, parade, or other gathering to be shared with the director of police; stop anyone involved at meetings, parades or public gatherings from having their faces covered without reasonable cause; and institute a range of penalties depending on the number and severity of the offences.

Some barreau members have balked at the letter, saying the bill is necessary given the continued rioting by student protesters that has rattled the province over the past three months.

“I have just read your press release this evening with the deepest distress and most complete disbelief," former Canadian Bar Association president Bernard Amyot wrote to the barreau president on Thursday evening, according to a La Presse report. “Silence would have been less damaging than the total abdication to anarchy in defiance of the rule of law, which you falsely claim to defend, from the authority of elected parliamentarians and authority of the judiciary and its independence. Shame to the Quebec Bar and to the president Masson.”

Massive protests have raged in Quebec for more than three months, particularly in Montreal, as the Quebec government goes head-to-head with students protesting college and university tuition-fee hikes.

Among bill 78’s proposals, student protesters would be barred from demonstrtating inside and within 50 metres of college and university buildings. The legislation would also fine protesters found guilty of an offence that forces the cancellation of classes. The fines would range from $1,000 to $5,000 depending on the offence. They could go up to $125,000 if the offence is committed by a senior officer or representative of a student group or federation.

Today, the Quebec legislature is continuing its section-by-section consideration of the law.

The Supreme Court of Canada has another vacancy with the looming retirement of Justice Marie Deschamps.

Chief Justice Beverley McLachlin announced today that Deschamps will retire on Aug. 7, 2012. Her departure follows the retirements of justices Ian Binnie and Louise Charron last year. The government has since filled their vacancies with the appointments of justices Michael Moldaver and Andromache Karakatsanis.

“Justice Deschamps has made a very significant contribution to the Supreme Court and, more broadly, to the administration of justice in Canada,” said McLachlin. “We will miss her wisdom, intelligence, keen wit, and boundless energy. She has been a wonderful colleague and will always be a good friend.”

For her part, Deschamps hinted that she’s ready to explore other opportunities in life.

“I feel privileged to have been given the opportunity to participate in the work of the court,” she said. “I will leave behind a group of empathetic, respectful, and dedicated judges. After 37 years working mostly in courtrooms, including 22 years on the bench, I feel that it is time to explore other ways to be of service to society. There is much to do in so many areas.”

Deschamps has been on the top court bench since 2002. She had previously served on the Quebec Court of Appeal and the Quebec Superior Court.

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The Canadian Judicial Council’s inquiry committee has released a ruling on preliminary issues in the case of Manitoba Court of Queen’s Bench Associate Chief Justice Lori Douglas.

The inquiry committee was established to investigate a sexual harassment and discrimination complaint filed against the judge in September 2010.

Alex Chapman, a client of the judge’s husband, Winnipeg lawyer Jack King, issued the complaint, claiming King showed him nude web photos of Douglas performing sexual acts and pressured him to have sex with her. It’s alleged that Douglas didn’t know the photos had been posted online or about King’s conversation with Chapman.

Douglas has been on leave from the court since the complaint was sent to the CJC.

King was reprimanded after he pleaded guilty to professional misconduct. He admitted to showing Chapman the photos.

One of the main purposes of the ruling was to clarify the role of independent counsel, which will be undertaken by Guy Pratte, a partner at Borden Ladner Gervais LLP. The committee ruled that independent counsel is there to simply present the case and that the committee will have the final say in the proceedings.

“The role of independent counsel is to assist the committee in carrying out its responsibilities by gathering, marshalling and presenting the case against the judge before the committee,” states the ruling.

“Independent counsel may make recommendations but must carry out his duties in a manner that does not impinge on the discretionary decision-making responsibility of the committee.”

In relation to a question of what to do about a second complaint, which arose in the form of two discs submitted anonymously to the CJC, the committee ruled that it will be handled separately from the complaint already under investigation.

The committee also issued several orders:

1) Independent counsel must provide the written complaint, review panel decision, and all related documentation immediately.

2) Independent counsel is also to provide notice of allegations to the committee, the judge’s counsel, and any other parties granted standing by 6 p.m. on May 18.

3) All written submissions in relation to the discs must be in by June 7.

4) The discs will be provided to the committee’s counsel immediately but will not be reviewed, subject to the committee’s decision.

Alberta Chief Justice Catherine Fraser, chairwoman of the committee, sought to have these preliminary issues clarified ahead of the public hearings into Douglas’ conduct set for May 19 in Winnipeg. It will focus on procedural matters, including who can take part in the inquiry.

For more background see: CJC launches public inquiry into Manitoba judge in sex scandal
CJC names committee to hear Douglas case
King reprimanded in wake of naked judge photo scandal

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American companies have yet to wake up to Canada’s stringent anti-spam law, according to a report by Fasken Martineau DuMoulin LLP.

(Image: Shutterstock)

Bill C-28, or CASL, as it’s become known, received Royal assent in December 2010, but has yet to come into force. When it does — likely January 2013 — it will contain some of the toughest anti-spam provisions in the world, banning senders from delivering unsolicited commercial electronic messages without receiving express or implied consent from the recipient.

It applies to all messages sent from, or received in, Canada, which means American firms marketing in Canada fall under its jurisdiction. Yet the Faskens’ study released today, found 60 per cent of American marketing executives were completely unaware of the new law.

“The bottom line is the U.S. doesn’t really know about the law, and they should try to become more knowledgeable before it comes into force,” says Charles Lupien, a lawyer in Faskens’ Montreal office, and one of the study’s authors.

And even among those with some knowledge of the bill, around a quarter were unaware of the potentially spectacular fines that can be levied under the law.

Individuals who breach the law can face penalties of up to $1 million, while corporations are liable for as much as $10 million. Officers and directors may also be held liable if they participated in, or acquiesced to the breaches. The act also creates a private right of action for CASL violators, paving the way for potential anti-spam class actions, with remedies capped at $1 million per day.

“Once you get people that do actually know, to say they’re not happy about it is an understatement,” says Lupien.

The Canadian law is more stringent than its U.S. counterpart, 2003’s CAN-SPAM Act, meaning most U.S. firms will not be compliant when CASL comes into force. CAN-SPAM allows companies to send messages unless consumers opt-out with an unsubscribe mechanism. CASL reverses the onus, requiring recipients to opt-in by consenting up front.

Lupien says some companies are waiting to see how strong enforcement will be, especially for non-Canadian senders, but others will simply abandon Canadian marketing efforts rather than going through the hassle of purging existing mailing lists of contacts where consent can not be proved.

“They’re saying, ‘never mind, we’ll stick to sending post cards in the mail, and do telemarketing instead,’” says Lupien.