Canada

Ont. deputy attorney general retiring, The Globe and Mail

Over 500 arrested in Montreal student protest, The Gazette

2 more charges laid against alleged serial killer, Hamilton Spectator

United States

Google victorious in Android case, Reuters

Chinese man charged in U.S. for nuclear exports, Reuters

International

Kurdish politician jailed in Turkey over speeches, Reuters

Papua New Guinea top judge facing sedition charges, Reuters

Canada

CP Rail employees on strike, Reuters

Feds appeal wheat board ruling, Winnipeg Free Press

Conservatives seek to quash election challenge, Ottawa Citizen

United States

$3.4B Native American settlement upheld, Reuters

Partner sues firm over alleged discrimination, Reuters

International

Spanish teachers protest cuts, Reuters

Nepal needs more time to write new constitution, Reuters

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.

Canada

Mass arrests in Montreal student protests, Calgary Herald

Handwriting analyst targeted in forgery lawsuit, Toronto Star

B.C. animal law would ban information on farm outbreaks, The Province

United States

Top court to hear eavesdropping appeal, Reuters

Gucci awarded $4.6M in copyright lawsuit against Guess, Reuters

International

Egyptian police jailed over protest deaths, Reuters

Lebanese court releases anti-Syrian activist on bail, Reuters

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.

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

Canada

G20 activist acquitted of all charges, Toronto Star

2 more charged in Tamil migrant ship smuggling probe, The Globe and Mail

Youth pastor charged over sexual relationship with teen, Victoria Times-Colonist

United States

Former judge elected new Oregon AG, Reuters

Apple, publishers to face consumers' e-book lawsuit, Reuters

International

Court upholds Czech tax on solar power, Reuters

Russian court shuts down protesters' sit-in, Reuters

Canada

Cab driver charged with murder in skateboarder's death, CBC News

Brampton teacher accused of sexually assaulting student, Toronto Star

Ex-Olympian Donovan Bailey charged with drunk driving, The Globe and Mail

United States

HP loses $190M court battle with IRS, Reuters

Judge won't delay BofA, Merrill settlement, Reuters

International

Anti-whale hunting activist held by German court, Reuters

Ukrainian court delays hearings in ex-PM's appeal, Reuters

The Supreme Court of Canada will hear the following appeals this week including the highly anticipated R. v. Cole, about a high school teacher who was charged after nude photos of a Grade 10 student were found on a laptop issued to him by his regional school board. The photos were ruled inadmissible by the Ontario Court of Appeal a year ago on the principle that Cole had a right to expect his personal files on the computer’s hard drive would remain private.

May 14 — Federal Court — Callaghan v. Chief Electoral Officer of Canada

Administrative law: This case relates to expenses during the 2006 federal elections. The chief electoral officer wouldn’t reimburse certain expenses submitted by some Conservative party candidates because he was concerned that the party might have incurred the advertising costs but then transferred them to the candidates since it had almost reached its spending limit. The candidates successfully challenged the officer’s decision before the Federal Court but the Federal Court of Appeal allowed the appeal.

May 15 — Ontario — R. v. Cole

Charter of Rights and Freedoms: Richard Cole was a computer science high school teacher. One of the school’s information technologists found naked photos of a female student on Cole’s computer, which he had accessed through another student’s email account. He was charged with possession of child pornography and fraudulently obtaining data from another computer hard drive. At trial, the judge determined that Cole’s s. 8 Charter rights had been violated and excluded the evidence. The Court of Appeal then allowed the appeal and remitted the case for trial. There is a publication ban in the case.

May 16 — Nova Scotia — Aucoin v. R.

Charter of Rights and Freedoms: Brendan Aucoin was convicted of possessing cocaine for the purposes of trafficking. On appeal, he argued that his s. 8 Charter rights had been violated when the police officer conducted a pat-down search, which the majority of the Court of Appeal dismissed.